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HomeMy WebLinkAbout01-14-2025 AGENDA City Council Meeting 2:00 PM - Tuesday, January 14, 2025 Council Chambers/Zoom App. Page 1. IN CAMERA SESSION OF COUNCIL 1.1. In-Camera Resolution - January 14, 2025 (Updated) January 14, 2025 - Resolution to go In-Camera 14 - 15 2. CALL TO ORDER O Canada: Recording of National Anthem Land Acknowledgement and Traditional Indigenous Meeting Opening 3. ADOPTION OF MINUTES 3.1. Council Minutes of December 10, 2024 City Council - 10 Dec 2024 - Minutes - Pdf 16 - 34 4. DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. 5. MAYOR'S REPORTS, ANNOUNCEMENTS 6. DEPUTATIONS / PRESENTATIONS All speakers are reminded that they have a maximum of 5 minutes to make their presentation. 6.1. Civic Recognition - AN Myer Secondary School - Football Team The AN Myer Secondary High School Junior Football team won the provincial championship in 2024. Council to recognize the team for their accomplishments. 6.2. Civic Recognition - Elizabeth Lutsyshyn and Victoria Dulepa - World Karate and Kickboxing Champions (WKC) Elizabeth Lutsyshyn and Victoria Dulepa, recently competed in the WKC World Championship in Portugal. Their mother, Olga Fiore, will be present to share both of their Page 1 of 611 outstanding achievements. 6.3. Appointment Request - Resident, Rose Amer, Pastor at Niagara Falls Christian Ministries Resident of Niagara Falls, Rose Amer, is looking to address Council on the topic of encampments, homelessness, poverty and potential solutions. 6.4. Recognition - Inspector Chris Gallagher - Niagara Parks Police - (To be rescheduled) Mayor Diodati to recognize Inspector Chris Gallagher, from his retirement from the Niagara Parks Police. 7. PLANNING MATTERS 7.1. PBD-2025-01 - Public Meeting (Resident comments added) AM-2024-036 Official Plan and Zoning By-law Amendment Application 4500 Park Street Lots 1-8 and Part Lot 9 Block BB Plan 999-1000 4200 Queen Street Part of Lots 5 & 11, Block F Plan 999 and 1000, Part of Township Lot 93, Stamford, being Part 1 on 59R-18256; Part of Lots 5, 10, 11, Block F, Plan 999-1000 and Part of Township Lot 93, Stamford, being Part 2 on 59R-18256; Part of Lot 11, Block F, Plan 999 and 1000, being Parts 3 and 4 on 59R-18256; Part of Lots 2, 3, 7, 8, 10 & 11, Block F, Plan 999- 1000, Lot 9, Block F, Plan 999 and 1000, being Part 5 on 59R- 18256 To permit a 20 storey residential building on the property municipally known as 4500 Park Street; and, a 20 storey mixed-use building on the property municipally known as 4200 Queen Street Applicant: City of Niagara Falls Julie Hannah, Manager of Policy Planning, will provide an overview of Report PBD-2025-01. PBD-2025-01 - Pdf Presentation (STAFF) AM-2024-036 Queen Street and Park Street Comments from Peter Colosimo - #7.1 - Park St & Queen St letter OPA &ZBLA Comments from Diana M - Item #7.1 35 - 148 7.2. PBD-2025-03 - Public Meeting - (Presentation added) 149 - 167 Page 2 of 611 AM-2024-002, Zoning By-law Amendment 7715 Beaverdams Road Proposal: To rezone the lands to a site-specific Residential Apartment 5A Density (R5A) Zone to facilitate the conversion of the existing building, from a retirement home to a boarding or rooming house. Applicant: Pranajen Group LTD. Agent: Sagathevan Shanmugam Chris Roome, Planner 2, will provide an overview of Report PBD- 2025-03. PBD-2025-03 - Pdf Presentation - (STAFF) AM-2024-002 7.3. PBD-2025-04 (Public Meeting) (Presentation Added) City Initiated Zoning By-law Amendment AM-2024-033 (PLZBA20240779) General Amendments to Zoning By-law No. 79-200 PBD-2025-04 - Pdf Presentation - AM-2024-033- General Housekeeping 168 - 205 7.4. PBD-2025-05 (Public Meeting) (Presentation Added) City Initiated Zoning By-law Amendment AM-2024-034 (PLZBA20240780), Updated Additional Dwelling Unit Regulations PBD-2025-05 - Pdf Presentation - (STAFF) AM-2024-034- ADU Housekeeping 206 - 240 7.5. PBD-2025-02 (Report and presentation added) AM-2024-035 & 26T-11-2023-002 – Official Plan Amendment, Zoning By-law Amendment & Draft Plan of Subdivision Modification 9304 McLeod Road & PID 1337 Proposal: To facilitate the development of 544 dwelling units, parkland and a stormwater management facility Applicant: 800460 Ontario Limited (Fred Costabile) Agent: NPG Planning Solutions Inc. (Mary Lou Tanner & Rob Fiedler Mackenzie Ceci, Senior Planner, Current Development, will 241 - 310 Page 3 of 611 provide an overview of Report PBD-2025-02. PBD-2025-02 - Pdf Presentation (STAFF) AM-2024-035 & 26T-11-2023-002 Presentation - (Applicant) - McLeod Meadows Public Meeting Slides (Jan 14 2025) - arial Letters from Lawyer 8. REPORTS 8.1. CAO-2025-01 Municipal Accommodation Tax CAO-2025-01 - Pdf 311 - 323 8.2. CAO-2025-02 Request for Downtown BIA Funds for 2025 Flower Program CAO-2025-02 Request for Downtown BIA Funds for 2025 Flower Program - Pdf 324 - 325 8.3. CS-2025-04 2025 Interim Tax Levy CS-2025-04 (Finance) 2025 Interim Tax Levy - Pdf 326 - 328 8.4. CS-2025-08 Surplus Land - Looking for Change: City Review CS-2025-08 Surplus Land - Looking for Change: City Review - Pdf 329 - 331 8.5. CS-2025-11 Reduce Wi-Fi at Public Locations - Looking for Change: City Review CS-2025-11 Reduce Wi-Fi at Public Locations - Looking for Change: City Review - Pdf 332 - 334 8.6. CS-2025-15 Chippawa Boat Ramp Parking - Looking for Change: City Review (2025 Budget Proposals) 335 - 337 Page 4 of 611 CS-2025-15 Chippawa Boat Ramp Parking - Looking for Change: City Review (2025 Budget Proposals) - Pdf 8.7. CS-2025-17 Procurement Policy Update CS-2025-17 - Pdf 338 - 375 8.8. MW-2025-01 Roadside Maintenance and Weed Control on Regional Roads - Budget Accompaniment Report MW-2025-01 - Pdf 376 - 382 8.9. MW-2025-02 Approval of EV ChargeON Grants for Electric Vehicle Charger Installations MW-2025-02 - Pdf 383 - 387 8.10. PBD-2025-06 MTO/Greater Niagara General Hospital Lands Neighbourhood Plan and Background Study Initiation PBD-2025-06 - Pdf 388 - 394 8.11. PBD-2025-07 Quarter 3 Development and Housing Report and Provincial Reporting PBD-2025-07 - Pdf 395 - 410 8.12. PBD-2025-09 Administrative Monetary Penalties System (AMPS) for Non- Parking Matters PBD-2025-09 - Pdf 411 - 437 8.13. PBD-2025-08 (Report, presentation added) Single Room Occupancy (SRO) Project Update – Context Report Brian Dick, Senior Manager of Policy Planning, will provide an 438 - 462 Page 5 of 611 overview of Report PBD-2025-08. PBD-2025-08 - Pdf SRO Presentation Council January 14, 2025 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. CS-2025-05 Q3 Parking Fund Budget to Actual Variance (Unaudited) CS-2025-05 (Finance) - Q3 Parking Fund Budget to Actual Variance (Unaudited) - Pdf 463 - 466 9.2. CS-2025-06 (Comments Added) Declare Surplus Lands and Sale of Facilities CS-2025-06 - Pdf Comments from Stanlee Hickey-Letter to City Council-Chippawa Town Hall Comments from Juli-Ann L-Surplus Declaration-Opposition Comments Sheri Hawkins-Letter-Declaration of Surplus Lands Comments from Susan Doherty Comments from Elizabeth Foreman Comments from Mary Ellen Bukator Morse Comments from Patricia Willick Dobie 467 - 498 9.3. CS-2025-09 Sport Tourism Rebate Program Funding - Looking for Change: City Review (2025 Budget Proposals) 499 - 500 Page 6 of 611 CS-2025-09 Sport Tourism Rebate Program Funding - Looking for Change: City Review (2025 Budget Proposals) - Pdf 9.4. MW-2025-03 Summary of 2024 Traffic & Parking By-law Amendments MW-2025-03 - Pdf 501 - 506 10. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK The Communications section of the agenda is a set of items listed as correspondence to Council that could be approved in one motion of Council. If Staff feel that more than one recommendation is required, the listed communications items will be grouped accordingly. The single motion per recommendation, if required, will save time. Prior to any motion being taken, a Councillor may request that one or more of the items be lifted for discussion and considered separately. RECOMMENDATION: THAT Council approve/support Item #10.1 through to and including Item #10.2. 10.1. Flag-Raising Request - Italian Heritage Week Attached is a request, on behalf of Club Italia, for Council to approve a flag-raising ceremony for the first week of June 2025 to promote "Italian Heritage Month." Recommendation: THAT Council APPROVE a flag-raising ceremony for the first week of June 2025 to promote "Italian Heritage Month." Flag-Raising Request - Italian Heritage Week - (On behalf of Club Italia) 507 10.2. Proclamation Request - Indigenous Survivors Day Attached is a request for Council to proclaim Monday, June 30, 2025 as "Indigenous Survivors Day." Recommendation: THAT Council PROCLAIM Monday, June 30, 2025 as "Indigenous Survivors Day." Proclamation Request - Indigenous Survivors Day BC Indigenous Survivors Day - June 30 (1) 508 - 512 Page 7 of 611 New Brunswick Proclamation - Indigenous Survivors Day Nova Scotia Proclamation - Indigenous Survivors Day (1) 11. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK RECOMMENDATION: THAT Council receive for information Item #11.1 through to and including Item #11.5. 11.1. Integrity Commissioner - 2023-2024 Annual Report Attached is the 2023-2024 Annual Report from our Integrity Commissioner. Recommendation: THAT Council RECEIVE for information. Niagara Falls Annual Report 2024 513 - 515 11.2. Letter from Minister Paul Calandra, Minister of Municipal Affairs and Housing - Municipal Accountability Act 2024 Attached is a letter from the Minister of Municipal Affairs and Housing, Paul Calandra, introducing the proposed Municipal Accountability Act, 2024, which if passed, would make changes to the Municipal Act, 2001 and City of Toronto Act, 2006 to strengthen the municipal code of conduct and integrity commissioner framework. Recommendation: THAT Council RECEIVE for information. 234-2024-5801 Minister's Letter to Heads of Council - Code of Conduct - ENG SIGNED 516 - 517 11.3. Correspondence from the Niagara Region Attached is correspondence sent from the Niagara Region pertaining to the following matters: 1. CLK-C 2024-126 Niagara Regional Police Service and Police Service Board 2025 Operating Budget and Community Safety and Policing Act Funding Recommendation: THAT Council RECEIVE for information. CLK-C 2024-126 NR Police Budget Community Safety and Policing Act Funding 518 - 521 11.4. Correspondence from Enbridge - Natural Gas Policy Consultation The attached correspondence from Enbridge is sent out as a 522 - 524 Page 8 of 611 result of Minister Lecce's announcement of a provincial consultation process which recently launched around the continued role of natural gas in Ontario's diversified energy portfolio, and its contributions to long-term system reliability, affordability and economic growth. Recommendation: THAT Council RECEIVE for information. Email from Enbridge - Natural Gas Policy Consultation Natural gas policy statement consultation December 2024 11.5. Memo - Diversity, Equity and Inclusion (DEI) Committee - Land Acknowledgements and Canadian National Anthem at City Council Meetings The DEI Committee discussed ways for the Land Acknowledgement at Council Meetings to be more meaningful. The following motion was passed at the DEI meeting held on Monday, November 25, 2024: Motion: “A motion from Committee Member (Brian Kon) and seconded by Committee Member (Sheila DeLuca), for the order at the beginning of Council meetings be changed to the following”: 1.Indigenous Welcome Video 2.Land Acknowledgment 3.Canadian National Anthem Recommendation: THAT Council RECEIVE for information. Council Memo for Land Acknowledgments (Jan 2025) 525 - 526 12. RESOLUTIONS 12.1. MW-2025-02 Approval of EV ChargeON Grants for Electric Vehicle Charger Installations THEREFORE, BE IT RESOLVED that the Council of the City of Niagara Falls: 1.Accept the funding offered by the Province of Ontario through the ChargeON Program for the installation of electric vehicle charging stations within the City of Niagara Falls, as outlined in the application. 2.Authorize the Mayor and Clerk to execute any necessary 527 - 528 Page 9 of 611 agreements, documentation, or contracts required to secure and implement the funding and to ensure compliance with all terms and conditions of the ChargeON Program. AND BE IT FURTHER RESOLVED THAT a copy of this resolution be forwarded to the appropriate provincial authorities overseeing the ChargeON Program for their records. No. 01 - Resolution - Accept Provincial ChargeON Funding 12.2. AM-2024-003 - 6546 Fallsview Bouelvard & 6503-6519 Stanley Avenue (OPA & ZBA) (Resolution added) A Public Meeting was held by Council on October 1st, 2024 to consider an Official Plan and Zoning By-law Amendment application to permit the use of 6546 Fallsview Boulevard for a 58-storey (200-metre) mixed-use development, and 6503-6519 Stanley Avenue for a 7-storey (19.5-metre) parking garage. The recommendations of Report No. PBD-2024-43, as modified, were approved on October 1st, 2024, and By-law No. 2025-002 has been placed on Council’s agenda this evening. The attached resolution is required to deem the proposed changes minor and exempt the requirement for further notice for the purpose of increasing the maximum building height of the proposed 7-storey parking garage from 19.5 metres to 20.5 metres to provide flexibility at the detailed design stage, exempting additional architectural features and building components (gazebos, canopies, parapets, railings, stair enclosures, and wind screens) from the height regulations, and addressing the projection of balconies (2.35 metres), which were depicted on the floor plans that were submitted with the application and presented to Council and the public on October 1st, 2024. No. 02 - Resolution - AM-2024-003 - 6546 Fallsview Bouelvard & 6503-6519 Stanley Avenue (OPA & ZBA) 529 - 530 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. Page 10 of 611 15. MOTIONS 15.1. MOTION - Maximizing Parking at the Exchange and Niagara Falls History Museum (This motion will be placed on the January 14, 2025 agenda under "motions.") Councillor Nieuwesteeg brought forth the motion attached regarding Maximizing Parking at the Exchange and Niagara Falls History Museum. Motion - Councillor Nieuwesteeg - Maximizing Parking at the Exchange and NF History Museum 531 - 532 15.2. MOTION - Naming "March" Youth Empowerment Month (This motion will be placed on the January 14, 2025 agenda under "motions.") Councillor Nieuwesteeg brought forth the attached motion regarding naming "March" Youth Empowerment Month. Motion - Councillor Nieuwesteeg - Naming March Youth Empowerment Month 533 16. BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by-law listed for Council consideration. 2025- 001. A by-law to provide for the adoption of Amendment No. 176 to the City of Niagara Falls Official Plan (AM-2024-003). (added) By-law No. 2025-001 - AM-2024-003 - 546 Fallsview Bouelvard & 6503-6519 Stanley Avenue OPA - FINAL 534 - 538 2025- 002. A by-law to amend By-law No. 79-200 to permit the use of the Lands (6546 Fallsview Boulevard and 6503-6519 Stanley Avenue) for a 58-storey (200 metre) mixed-use development consisting of two towers and a 7-storey (19.5 metre) building containing off-site parking, respectively, subject to the removal of Holding (H) symbols and a sunset clause, and to repeal By-law No. 1988-133 and By-law No. 2002-210 from Parcel TC(H)-1271 (AM-2024-003).(added) By-law No. 2025-002 - AM-2024-003 - 6546 Fallsview Bouelvard & 6503-6519 Stanley Avenue ZBA - Final 539 - 546 2025- 003. A by-law to provide for the adoption of Amendment No. 177 to the City of Niagara Falls Official Plan (AM-2024-036). By-law 2025-003 - AM-2023-036 - 4500 Park Street and 4200 547 - 555 Page 11 of 611 Queen Street - OPA 2025- 004. A by-law to amend By-law No. 79-200, to permit the use of the Lands for a 20 storey residential use development (AM-2024- 036). By-law 2025-004 - AM-2024-036 - 4500 Park Street - ZBA 556 - 562 2025- 005. A by-law to amend By-law No. 79-200, to permit the use of the Lands for a 20 storey mixed use development (AM-2024-036) By-law 2025-005 - AM-2024-036 - 4200 Queen Street- ZBA 563 - 570 2025- 006. A by-law to amend By-law No. 79-200, to introduce new definitions and regulatory provisions (AM-2024-033). (Added) By-law-2025-006 - AM-2024-033 - General Housekeeping Amendments - ZBA 571 - 576 2025- 007. A by-law to provide an interim levy of realty taxes. By-law 2025-007 - 2025 Interim Levy Bylaw 577 2025- 008. A by-law to regulate the supply of water and to provide for the maintenance and management of the waterworks and for the imposition and collection of rates for the use of water and water related services. By-law 2025-008 - Water By-Law 1.14.25 Water Schedule A - January 1 2025 578 - 600 2025.009. Aby-lawtoestablishaMunicipalAccommodationTaxandrepealBy- lawNo.2018-104 and By-law No. 2021-58. By-law 2025-009 - Transient Accommodation Tax By-law - final 601 - 609 2025- 010. A by-law to adopt a policy to govern the procurement of goods and services for The Corporation of the City of Niagara Falls. By-law 2025-010 - Procurement By-law - Jan 14 2025 610 2025- 011. A by-law to adopt, ratify and confirm the actions of the City Council at its meeting held on the 14th day of January, 2025. 611 Page 12 of 611 By-law 2025-011 - 01 14 25 Confirming By-law 17. ADJOURNMENT Page 13 of 611 The City of Niagara Falls, Ontario Resolution January 14, 2025 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 January 14, 2025, Niagara Falls City Council will be holding Closed Meetings as permitted under s. 239 (2) of the Municipal Act, namely; (e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; (f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose; THEREFORE BE IT RESOLVED that on January 14, 2025 Niagara Falls City Council will go into a closed meeting to consider matters that fall under 239 (2) (e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board regarding several Ontario Land Tribunal matters as well as advice that is subject to solicitor-client privilege regarding the Municipal Accommodation Tax. AND The Seal of the Corporation be hereto affixed. Page 14 of 611 WILLIAM G. MATSON JAMES M. DIODATI CITY CLERK MAYOR Page 15 of 611 MINUTES City Council Meeting 1:00 PM- Tuesday, December 10, 2024 Council Chambers/Zoom App. The City Council Meeting of the City of Niagara Falls was called to order on Tuesday, December 10, 2024, at 1:18 PM, in the Council Chambers, with the following members present: COUNCIL PRESENT: Mayor Jim Diodati, Councillor Tony Baldinelli, Councillor Chris Dabrowski, Councillor Lori Lococo, Councillor Ruth-Ann Nieuwesteeg, Councillor Victor Pietrangelo, Councillor Mike Strange COUNCIL ABSENT: Councillor Wayne Campbell, Councillor Mona Patel STAFF PRESENT: Present in Chambers: Jason Burgess, Bill Matson, Erik Nickel, Tiffany Clark, Jo Zambito, Nidhi Punyarthi, Kira Dolch, Kathy Moldenhauer, Signe Hansen, Serge Felicetti Present via Zoom: Trent Dark, Margaret Corbett. 1. CALL TO ORDER The City Council Meeting was called to order at 1:18 PM. 2. ADOPTION OF MINUTES 2.1. Council Minutes of November 12, 2024 2.2. Council Minutes of November 26, 2024 (Capital & Parking Budgets) Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange THAT Council APPROVE the Council Minutes of November 12, 2024 and November 26, 2024 as presented. Carried Unanimously 3. DISCLOSURES OF PECUNIARY INTEREST a) Councillor Pietrangelo declared a conflict of interest to the following Council matters as listed on the agenda:  Item #5.5 - F-2024-45 - Mayor's Proposed 2025 Water and Wastewater Budgets - declared a conflict with any items that deal with the Montrose/Biggar Road reconstruction, as the Councillor's family own property that could be affected.  Item #6.1 - PBD-2024-51 - AM-2024-023 - Councillor owns property in this area that could be affected.  Item #7.7 - PBD-2024-53 - Interim Control By-Law related to Settlement Page 1 of 19 Page 16 of 611 Area Boundary Expansions - Councillor's parents own property that could be affected.  By-law No. 2024-126, as the by-law is tied to Report PBD-2024-53 (see above conflict). 4. MAYOR'S REPORTS, ANNOUNCEMENTS a) Mayor Jim Diodati extended condolences to the following:  Gord Brown, father of Paul Brown, Manager of Parking.  Ronald Jamieson, retired Firefighter. b) Mayor Diodati mentioned the following events: Santa Claus Parade & Official Christmas Tree Lighting  Also attended by Councillors Nieuwesteeg, Dabrowski, Patel, Baldinelli, Pietrangelo, Strange and Lococo 50th Anniversary of Niagara Falls Public Library  Also attended by Councillor Lococo Volunteer Recognition Awards Evening  Also attended by Councillors Pietrangelo, Strange and Baldinelli 40th Anniversary of Club Italia Flag Raisings  HIV/ Aids Awareness flag o Also attended by Councillor Baldinelli and Nieuwesteeg  End Gender Based Violence o Also attended by Councillors Patel and Baldinelli  Christian Heritage Month o Also attended by Councillor Nieuwesteeg  Romania’s National Day o Also attended by Councillor Nieuwesteeg Business Happenings  KAN Immigration Services Inc o Also attended by Councillor Nieuwesteeg  Eyes Elite Optical o Also attended by Councillor Patel  The Best Boy Lechon  Hearing Life Canada EuroAmericas Forum - Portugal  Pleased to share that I have been invited to attend the EuroAmericas Page 2 of 19 Page 17 of 611 Forum, 2024 as a guest of the Forum, in Portugal.  At the Nova School of Business and Economics in Carcavelos.  Aims to look at the future of the Euro-North-American alliance by connecting political decision-makers, opinion leaders, business leaders and activists.  I was visited earlier this month by Wilson Teixeira, a representative of the forum, who shared their mission.  The forum will be attended by members of government, internationally renowned entrepreneurs and institutional representatives including the President of the Portuguese Republic, Prof. Marcelo Rebelo de Sousa  I look forward to reporting back to City Council at our next meeting. Coming up:  Merry Christmas, Happy Holidays and Happy New Year Councillor Representation - none Councillor Pietrangelo  SCVFA General Meeting c) The next Council meeting is scheduled for Tuesday, January 14, 2025. 5. DEPUTATIONS / PRESENTATIONS 5.1. Niagara Falls Innovation Hub The Niagara Falls Innovation Hub aims to offer entrepreneurs an affordable environment for growth so they can better position themselves to succeed in today’s economy. Their mission is to create an affordable, all-encompassing, collaborative workspace that provides tailored programming, tech resources, piloting and validation opportunities, and expertise to assist entrepreneurs in Niagara in growing, scaling, creating jobs, and diversifying the economy. Dan Bordenave, from the Niagara Falls Innovation Hub, presented his annual presentation to the Council on the Niagara Falls Innovation Hub, reviewed 2024, and shared the vision for 2025. The following guests shared their experiences with the Hub: Fred Davies, Dr. Pouria Sadeghi, Ray Simmons and Sharon Corcoran. Moved by Councillor Mike Strange Seconded by Councillor Ruth-Ann Nieuwesteeg THAT Council RECEIVE the presentation led by Dan Bordenave, from the Niagara Falls Innovation Hub. Carried Unanimously Page 3 of 19 Page 18 of 611 5.2. Councillor Strange left the meeting 2:40 PM. CLEAResult + Energy Affordability Program Ehsan Dibaji, VP, Policy and Market Development, along with Tara Willard, Senior Manager Outreach Manager, from CLEAResult presented before Council to gain Council's endorsement of the Energy Affordability Program and the Home Winterproofing Program in order to have the additional support to promote the programs and the benefits. EAP and HWP are electric and gas energy-saving initiatives directed toward income-eligible individuals and families in Ontario. Both programs aim to help eligible individuals and families reduce their home energy bills and enhance the comfort level of their homes by offering them energy upgrades that are 100% free of charge. Moved by Councillor Victor Pietrangelo Seconded by Councillor Ruth-Ann Nieuwesteeg THAT Council RECEIVE the presentation made by Ehsan Dibaji, VP, Policy and Market Development from CLEAResult and to refer this matter to staff for further promotion. Carried Unanimously (Councillor Strange was absent from the vote). 5.3. Appointment Request - Christopher Connor and Nathan Morrissette Nathan Morrissette, Chair of the Niagara Association of Realtors, along with Christopher Connor, External Relations Coordinator from Niagara Association of Realtors, addressed Council to present some housing stats/facts for the region as polled by Nik Nanos of Nanos Research. The Niagara Association of Realtors represents more than 1,450 members serving the Niagara Region. They strive to be a leading catalyst for positive change in the real estate industry, driving growth, prosperity, and community development throughout the Niagara Region. Moved by Councillor Ruth-Ann Nieuwesteeg Seconded by Councillor Tony Baldinelli THAT Council RECEIVE the presentation from Nathan Morrissette, Chair of the Niagara Association of Realtors pertaining to housing stats/facts for the Region. Carried Unanimously (Councillor Strange was absent from the vote). 5.4. COMM-2024-02 Physician Recruitment Update and 2025 Budget Consideration Dale Morton, Director of Communications from the City of Niagara Falls, along Page 4 of 19 Page 19 of 611 with Jill Croteau, Physician Recruitment Specialist from the Niagara Region, presented a recruitment update to Council. Since 2000, the City of Niagara Falls has managed a Physician Recruitment program to attract more family doctors. The program has an annual budget of $300,000, which provides incentives of up to $50,000 per physician (plus moving expenses in some cases) for coming to the City to practice family medicine. There are 40 practicing family doctors and a shortage of 36, the largest among Niagara Regional municipalities. Increasing the incentive amount could encourage more doctors to locate in the City of Niagara Falls beginning in 2025. Councillor Mike Strange returned to meeting at 3:32 PM. Moved by Councillor Lori Lococo Seconded by Councillor Ruth-Ann Nieuwesteeg 1. THAT Council RECEIVE Staff Report COMMS-2024-02 Physician Recruitment Update and 2025 Budget Consideration as information. 2. THAT Council REFER the funding decision for the Family Physician Recruitment program to the 2025 Tax Levy Supported Operating Budget. Carried Unanimously 5.5. F-2024-45 Mayor's Proposed 2025 Water and Wastewater Budgets Tiffany Clark, Director of Finance, delivered a presentation to Council. The budgets and associated rates will take effect on January 1, 2025. The presentation included details of:  The 2025 Utility Budget, which includes Water and Wastewater  The two-tiered service delivery (Region/City of Niagara Falls)  A breakdown of City and Region expenditures for 2025  Highlights and a summary of the rebate programs included in the budget  The proposed 2025 rates and impact on users The budget reflected revenues and expenses totalling $29,481,441 and $38,384,938, respectively. Direction to Staff: THAT the Region's Commissioner of Public Works be invited to appear at a City Council Meeting to explain the state of the water rates from a Regional perspective. Page 5 of 19 Page 20 of 611 Moved by Councillor Chris Dabrowski Seconded by Councillor Mike Strange 1. THAT Council RECEIVE the 2025 Mayor's Proposed Water and Wastewater budgets with revenues and expenses totaling $29,481,441 and $38,384,938 respectively. 2. THAT Council APPROVE the use of reserve funding as outlined in Attachment 3. Should Council be satisfied all possible amendments have been considered: 3. THAT Council shorten the 30 day review period (December 5, 2024 to January 4, 2025), allowed under the Strong Mayors Act, by 25 days, such that the review period ends on December 10, 2024; and 4. THAT the Mayor shorten his 10-day veto period by 10 days, by providing written documentation to members of Council and the Municipal Clerk to shorten the veto period, such that the veto period ends on December 10, 2024, thereby allowing the Mayor's Proposed 2025 Water and Wastewater Budgets to be deemed adopted on December 10, 2024. Carried (Councillor Pietrangelo declared a conflict of interest to items that deal with Montrose/Biggar Road reconstruction). 6. PLANNING MATTERS 6.1 . PBD-2024-51 AM-2024-023 – Minor Zoning By-law Amendment 5901-5929, 5930-5950, 5933-5953 & 5985 Bentley Common Proposal: To permit twenty-one vacation rental units Applicant: 1746362 Ontario Corp. (Feng Han) Agent: Jennifer Vida (Jennifer Vida Consulting) The Planning Public Meeting commenced at 4:20 PM. Mackenzie Ceci, Senior Planner, Current Development, will provide an overview of Report PBD-2024-51. Frank De Luca, of 4341 Kilman Place, addressed Council citing zoning concerns stating that it is a commercial area not residential. He addressed concerns that it is not a minor zoning by-law and opposes the need for additional vacation rental units. Joedy Burdette, of 4480 Bridge Street, addressed Council citing concerns of the application. Xiaojun Ning, of 5790 Robinson Street, addressed Council in support of the Page 6 of 19 Page 21 of 611 application. Bowen Zhang, of 5921 Bentley Common, addressed Council in support of the application to allow for VRU's. Helena Xiao, of 5965 Bentley Common, addressed Council in support of the application and would like to see additional units. Silvia Zhang, of 5957 Bentley Common, addressed Council in support of the application and would love the opportunity to meet more people by having more short term rentals. Sky Tuerxun, of 5937 Bentley Common, addressed Council virtually and supported the application. Linda Manson, of 4372 Cookman Crescent, addressed Council opposing the application. Leslie Laan, of 5525 Reixinger Road, addressed Council citing a few concerns with the application, stating that the City needs affordable housing for those that work in our industry as opposed to vacation rental units. John Pinter, of 3390 Cardinal Drive, addressed Council supporting the application. Brent Larocque, from The Larocque Group, representing the applicant, 1746362 Ontario Corp, addressed Council supporting the proposal. Brent further answered questions of Council. Moved by Councillor Ruth-Ann Nieuwesteeg Seconded by Councillor Mike Strange THAT Council DEFER the minor Zoning By-law Amendment to permit twenty-one vacation rental units, and have the applicant work with staff on an improved application. Ayes: Councillor Mike Strange, Councillor Tony Baldinelli, and Councillor Ruth-Ann Nieuwesteeg Nays: Councillor Lori Lococo and Councillor Chris Dabrowski Carried (Councillor Lococo and Councillor Dabrowski were opposed and Councillor Pietrangelo declared a conflict). 3-2 on a recorded vote 7. REPORTS 7.1. PBD-2024-52 Honourary Street Name: Rick Rose Page 7 of 19 Page 22 of 611 Brian Dick, Senior Manager of Policy Planning, provided an overview of Report PBD-2024-52. Wendy Leard, of 5860 Coholan Street, addressed Council providing a tribute to Rick Rose and spoke to his many achievements. Moved by Councillor Ruth-Ann Nieuwesteeg Seconded by Councillor Victor Pietrangelo THAT Council APPROVE an Honourary Street Naming Application, to honourarily name the block on Queen Street between Buckley Avenue and St. Lawrence Avenue after Rick Rose for a period of five years, with the opportunity to apply for an extension of an additional five years, pursuant to By- Law 2023-033. Carried Unanimously Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange THAT Council APPROVE moving to Item #7.8 on the agenda (Report PBD- 2024-54). Carried Unanimously 7.2. CLK-2024-06 Cost of Council Meetings Joedy Burdette, of 4480 Bridge Street, addressed Council supporting a default 4:00 PM Council start time. Moved by Councillor Victor Pietrangelo Seconded by Councillor Chris Dabrowski THAT Council RECEIVE the Cost of Council Meetings Report as information and DIRECT Staff to set each Council Meeting to start at 2:00 PM for the 2025 Council Meetings with the public portion of the agenda starting at 4:00 PM. Carried Unanimously 7.3. MW-2024-45 Proposed Boulevard Maintenance Bylaw Amendment Mayor Jim Diodati left the meeting at 6:53 PM. Councillor Pietrangelo resumed as Chair at 6:53 PM. Moved by Councillor Ruth-Ann Nieuwesteeg Seconded by Councillor Mike Strange 1. THAT Council RECEIVE this Report for information; 2. THAT Council APPROVE an amendment to the Maintaining of Land Page 8 of 19 Page 23 of 611 Bylaw, Bylaw 2007-41, in the form included in the Bylaws section of todays agenda, for the purposes of including definitions of boulevards and abutting boulevards, and the responsibilities for maintenance of the same; 3. THAT Council DELEGATE authority to the Chief Administrative Officer, the General Manager of Planning, Building and Development, and their further designates, to take any step or action necessary to administer the said Boulevard Maintenance By-law. Carried Unanimously 7.4. MW-2024-46 Follow up on Sidewalk Winter Maintenance Mayor Jim Diodati returned to meeting and resumed as Chair at 6:57 PM. Moved by Councillor Ruth-Ann Nieuwesteeg Seconded by Councillor Mike Strange THAT Council DEFER this Report until January 14, 2025 and asked Legal Staff to provide clarification of the legalities of the recommendations. Carried Unanimously 7.5. MW-2024-48 2024-396-16 - Whirlpool Road Reconstruction Budget Amendment Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange 1. That Council AWARD Contract 2024-396-16 - Whirlpool Road Reconstruction, to the lowest compliant bidder, Rankin Construction Inc., in the amount of $1,537,425.00 + HST. 2. That Council APPROVE a 2024 capital budget amendment for the Whirlpool Road Reconstruction project (R138-21) in the amount of $120,000, with $70,000 funded by a contribution from Atura Power and $50,000 funded by Capital Special Purpose Reserves. 3. That the General Manager of Municipal Works / City Engineer be AUTHORIZED to execute a cost-sharing agreement with Atura Power for their contribution to actual costs of construction of the sanitary sewer required to service the Niagara Hydrogen Centre development in the estimated amount of $70,000. 4. That the Mayor and Clerk be AUTHORIZED to execute any other agreements related to the execution of the work described in this report. Carried Unanimously 7.6. R&C-2024-22 Year-Round Indoor Courts Proposal Moved by Councillor Mike Strange Seconded by Councillor Ruth-Ann Nieuwesteeg Page 9 of 19 Page 24 of 611 1. THAT Council APPROVE the tennis/pickleball dome at John N Allan Park to remain up during the summer months. 2. THAT Council AUTHORIZE the Mayor and City Clerk to execute the revised license agreement with the Tennis Clubs of Canada to permit year-round tennis and pickleball for the duration of the existing agreement. Carried (Councillor Lococo was opposed). 7.7. PBD-2024-53 Interim Control By-Law related to Settlement Area Boundary Expansions Councillor Pietrangelo left the meeting at 7:10 PM. Moved by Councillor Lori Lococo Seconded by Councillor Tony Baldinelli THAT Council DIRECT staff to undertake necessary policy and related study work to determine the best approach in addressing privately initiated settlement area boundary expansion applications and report back to Council. THAT Council DIRECT staff to prepare an Interim Control By-law, to restrict any new settlement areas and settlement area boundary expansions for a period of one year or until the new Official Plan policies are in effect, whichever is less. Carried Unanimously (Councillor Pietrangelo declared a conflict). 7.8. PBD-2024-54 (Discussed this matter after Item #7.1 at 5:42 PM). Fence Variance – 5528 Buchanan Avenue Nick DeBenedetti, spoke to the appeal for which he submitted. Moved by Councillor Victor Pietrangelo Seconded by Councillor Ruth-Ann Nieuwesteeg THAT Council DENY an encroachment agreement with Niagara Regional Housing to allow a fence on City property and not to approve the minor variance for the height of the proposed fence for 5528 Buchanan Avenue. Carried Unanimously 8. IN CAMERA SESSION OF COUNCIL 8.1. In-Camera Resolution - December 10, 2024 8.2. Special Meeting of January 21, 2025 - Resolution to go In-Camera Moved by Councillor Chris Dabrowski Seconded by Councillor Tony Baldinelli Page 10 of 19 Page 25 of 611 THAT Council ENTER into an In-Camera session on December 10, 2024 and on January 21, 2025. Carried Unanimously 9. CONSENT AGENDA 9.1. F-2024-40 Approval of Interim 2025 Spending Limits Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange THAT Council, in the absence of an adopted 2025 Tax Levy Supported Operating Budget, APPROVES that City departments be allowed to incur costs to a level of 50% of the departments’ expenditure budget of the prior year. Carried Unanimously (Councillor Dabrowski was absent). 9.2. MW-2024-47 Intersection Control Review - Crawford Street at St. James Avenue Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange THAT Council APPROVE an all-way stop to be installed at the intersection of Crawford Street at St. James Avenue. Carried Unanimously (Councillor Dabrowski was absent). 9.3. MW-2024-49 Phase 3 - Rural Road Speed Limit Reviews Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange 1. THAT Council APPROVE the speed limit on Baker Road between Willoughby Drive and City’s east limit be reduced from 70 km/h to 60 km/h; 2. THAT Council APPROVEthe speed limit on Marshall Road between Ort Road and Sodom Road be reduced from 70 km/h to 60 km/h; 3. THAT Council APPROVEthe speed limit on Ort Road between Marshall Road and north limit be reduced from 70 km/h to 60 km/h; 4. THAT Council APPROVEthe speed limit on Reixinger Road between Ort Road and Stanley Avenue (west) be reduced from 70 km/h to 60 km/h; and, 5. THAT Council APPROVEthe speed limit on Beechwood Road between Taylor Road and McLeod Road be set at 70 km/h. Carried Unanimously (Councillor Dabrowski was absent). 9.4. R&C-2024-21 Installation of Wind Phone Page 11 of 19 Page 26 of 611 Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange THAT Council APPROVE the installation of a Wind Phone along the Olympic Torch Run Legacy Trail. Carried Unanimously (Councillor Dabrowski was absent). 10. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 10.1. Flag-Raising Request - Serbian Statehood Day Attached is a request from the Founder and Director of the Serbian School "Nikola Tesla" to request Council's support in organizing a flag-raising ceremony for the Serbian Flag at City Hall on Friday, February 14, 2025, in honour of "Serbian Statehood Day (Sretenje)." Recommendation: THAT Council APPROVE a flag-raising ceremony for the Serbian Flag at City Hall on Friday, February 14, 2025, in honour of "Serbian Statehood Day (Sretenje)." Moved by Councillor Victor Pietrangelo Seconded by Councillor Ruth-Ann Nieuwesteeg THAT Council APPROVE a flag-raising ceremony for the Serbian Flag at City Hall on Friday, February 14, 2025, in honour of "Serbian Statehood Day (Sretenje)." Carried Unanimously 10.2. Flag-Raising and Proclamation Request - Crime Stoppers of Niagara Attached are letters from Crime Stoppers Niagara requesting a flag-raising ceremony at City Hall in the month of January 2025 and to proclaim January 2025 as Crime Stoppers Month. Recommendation: THAT Council APPROVE a flag-raising ceremony at City Hall in the month of January 2025 and proclaim January 2025 as "Crime Stoppers Month. Moved by Councillor Victor Pietrangelo Seconded by Councillor Ruth-Ann Nieuwesteeg THAT Council APPROVE a flag-raising ceremony at City Hall in the month of January 2025 and proclaim January 2025 as "Crime Stoppers Month. Carried Unanimously 11. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 11.1. Resolution - Niagara Peninsula Conservation Authority (NPCA) Attached is correspondence pertaining to the NPCA's 2025 Meeting Schedule. Recommendation: THAT Council RECEIVE for information. Page 12 of 19 Page 27 of 611 11.2. Resolution - Township of Larder Lake - Redistribution of the LTT and GST The Township of Larder Lake at its regular Council meeting held on Tuesday, November 12, 2024, adopted the following resolution, a motion to support the Town of Aurora regarding - Request to the Provincial and Federal government for the Redistribution of the Provincial Land Transfer Tax and GST to Municipalities for Sustainable Infrastructure Funding. Recommendation: THAT Council RECEIVE for information. 11.3. Resolution - City of Thorold - Flag Desecration Attached is a resolution passed by the Council of the City of Thorold at their November 12, 2024 Regular Council meeting regarding flag desecration. Recommendation: THAT Council RECEIVE for information. 11.4. Correspondence from the Niagara Region Attached is corresondence sent from the Niagara Region regarding the following matter: 1. CLK-C 2024-119 CSD 48-2024 - 2025 Budget - Water and Wastewater Operating Budget, Rate Setting and Requisition Recommendation: THAT Council RECEIVE for information. 11.5. Letter from Minister Calandra - Additional Residential Units (ARU) Attached is a letter from the Minister of Municipal Affairs and Housing, Paul Calandra, regarding additional residential units (ARUs). Recommendation: THAT Council RECEIVE for information. Moved by Councillor Victor Pietrangelo Seconded by Councillor Ruth-Ann Nieuwesteeg THAT Council RECEIVE FOR INFORMATION Item #11.1 through to and including Item #11.5. Carried Unanimously 12. RESOLUTIONS No resolutions presented. 13. RATIFICATION OF IN-CAMERA a) Ratification of In-Camera Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange Direction was provided to Staff on the matters discussed In-Camera. Carried Unanimously Page 13 of 19 Page 28 of 611 14. NOTICE OF MOTION/NEW BUSINESS 14.1. NOTICE OF MOTION - Maximizing Parking at the Exchange and Niagara Falls History Museum Attached is a request for a Notice of Motion from Councillor Nieuwesteeg regarding Maximizing Parking at the Exchange and Niagara Falls History Museum. Notice of Motion - Councillor Nieuwesteeg - Maximizing Parking at the Exchange and NF History Museum 14.2. NOTICE OF MOTION - Naming "March" Youth Empowerment Month Attached is a request for a Notice of Motion from Councillor Nieuwesteeg regarding naming "March" Youth Empowerment Month. Notice of Motion - Councillor Nieuwesteeg - Naming March Youth Empowerment Month 14.3. Niagara Regional Transit Direction to Staff: That Staff provide a Niagara Regional Transit update as it pertains to the operating budget. 14.4. Free Parking - Queen Street - December 2024 Moved by Councillor Lori Lococo Seconded by Councillor Victor Pietrangelo THAT Council waive the procedural by-law to allow for a motion to be presented and further, THAT Staff be directed to offer free parking on Queen Street for the remainder of December 2024. Carried Unanimously 15. MOTIONS 15.1. Waiving of Section 15.3 of Procedural By-Law - re: 2025 Budget Discussions on November 26, 2024 December 10, 2024 and January 21, 2025 Councillor Lococo brought forth the motion below requesting the waiving of Section 15.3 of Procedural By-Law. Motion: WHERE AS the City Budget is a roadmap that outlines our strategic priorities. Council decides on how money should be spent and which projects should be implemented. It outlines the services that we will provide to our residents and the infrastructure that is required for our community; WHERE AS Section 15.3 of the Procedural By-Law No. 2019-04 states that: “No Member may speak to the same question or in reply for any longer than five (5) minutes including comments, questions to staff and staff responses in Council, without leave of the Council.” WHERE AS Council has previously discussed the option of waiving the Page 14 of 19 Page 29 of 611 Procedural Bylaw for the five minute rule for important and detailed subjects; THEREFORE BE IT RESOLVED that Section 15.3 of the Procedural Bylaw be waived for the 2025 budget discussions on November 26, 2024, December 10, 2024 and January 21, 2025. Moved by Councillor Lori Lococo Motion, as per above. No seconder to motion received. Not Put. 16. BY-LAWS 2024- 123. A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Parking Prohibited, Stop Signs at Intersections). 2024- 124. A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Speed Limits on Highways - 60 km/h, Speed Limit on Highways - 70 km/h, Speed Limit on Highways - 80 km/h). 2024- 125. A by-law to amend By-law No. 2007-41, being a by-law to regulate the maintaining of land in a clean and clear condition within the City of Niagara Falls to introduce new regulatory provisions. 2024- 126. An interim control by-law to prohibit the creation of a new settlement area or amend the existing settlement area within the City of Niagara Falls under Section 38 of the Planning Act, R.S.O. 1990, c. P. 13, as amended (PBD-2024- 53). 2024- 127. 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- 128. A by-law to appoint Councillor Victor Pietrangelo as Acting Mayor. 2024- 129. A by-law to adopt, ratify and confirm the actions of the City Council at its meeting held on the 10th day of December, 2024. Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange THAT the by-laws be read a first, second and third time and passed. Carried Unanimously (Councillor Pietrangelo declared a conflict to By- law 2024-126). 17. ADJOURNMENT a) Adjournment Moved by Councillor Tony Baldinelli Page 15 of 19 Page 30 of 611 Seconded by Councillor Ruth-Ann Nieuwesteeg That Council ADJOURN the meeting at 8:11 PM. Carried Unanimously Mayor City Clerk Page 16 of 19 Page 31 of 611 1 Heather Ruzylo Subject:Councillor Nieuwesteeg - notices of motion Notice of Motion RE: maximizing parking at the Exchange and NF History Museum For Tuesday, December 10th  Whereas the Exchange provides a much-needed element of culture in the City and is a great benefit to the residents, but parking challenges for events there have been identified.  Whereas residents and visitors to the location have expressed they are discouraged with the parking situation since the Exchange has been up and running alongside the Museum.  Whereas the Exchange was intended to house a farmer’s market and City Council voted to move the market location, with one of the reasons cited as insufficient parking.  Whereas the 10,000 square foot event space in the Exchange and adjacent Niagara Falls History Museum (Museum) require parking to be maximized to get the most out of these venues.  Whereas challenges with parking create a poor customer experience that translates into declining attendance numbers and could impact event rentals.  Whereas attendees look for parking elsewhere and often infringe on parking lots and spaces of neighbouring business properties.  Whereas businesses and neighbours are bearing the brunt of the parking overflow challenges.  Whereas the Main and Ferry BIA has identified that there has long been an issue with parking in the area, years before the Exchange was added and parking was further limited.  Whereas advertised parking spaces on the website within a 5-minute walk does not paint an accurate picture for event-goers.  Whereas other factors need to be considered that deter visitors from parking at suggested off-site lots including accessibility, walking distance for older adults or families with young children, feeling of safety and security in the neighbourhood, winter and other weather events.  Whereas there are options that can be considered to maximize parking on-site.  Whereas at larger events, shuttle service could be explored between nearby lots to address some of the concerns of parking at off-site lots.  Whereas every opportunity to maximize parking seasonally including removing snow from the site instead of piling it there to cover any available spots should be considered.  Whereas there is a loading dock and surrounding area that is minimally used and space allocation could be revisited. Page 17 of 19 Page 32 of 611 2  Whereas the parking lot design of the Exchange includes unnecessary curbs and plantings (park- like design/ where parking needed).  Whereas attached photos indicate some of the curbs in question.  Whereas decorative curbs can cause seasonal driving obstacles, for example when covered in snow.  Whereas redesigning decorative curbs and plantings could recoup additional parking spaces on- site.  Whereas when events are on, all thoroughfares and access to facilities should be opened for traffic to move freely.  Whereas street closures during events should be strongly discouraged as they create a perception of added inaccessibility to get close to the facility.  Whereas Niagara Region Transit has opted to move the bus stop away from the front of the Museum, freeing up valuable on-street space that had been used for busses to stop.  Whereas transit changes have created opportunities for more on-street parking in front and adjacent to this location that should be explored.  Whereas other innovative and creative solutions and best practices should be explored.  Whereas the silver lining with the move of the market to transform the Exchange into an opportune event venue, should not be hindered by parking but instead should serve to enhance the venue. THEREFORE BE IT RESOLVED:  The City of Niagara Falls utilize and maximize all on-site parking and surrounding street parking to enhance the Exchange and Museum and to redesign the parking lot to maximize the number of parking spaces and that this be done as soon as possible to better serve the users of the facility. Page 18 of 19 Page 33 of 611 1 Heather Ruzylo Subject:NOTICE OF MOTION - From Councillor Nieuwesteeg - Naming March Youth Empowerment Month Notice of Motion RE: Naming March Youth Empowerment Month For Tuesday, December 10th  Whereas youth make up nearly one fifth of the population of our community.  Whereas our youth are the future of our City and will be leading us into the next decade.  Whereas the young people of the day need to be empowered to make decisions in governance and community engagement.  Whereas the representatives of our Mayor’s Youth Advisory Committee reach out to make a difference in the community and empower others.  Whereas our support of the youth is a meaningful part of empowering them to learn and develop leadership skills that will benefit them for the rest of their lives.  Whereas empowered youth give back and have a positive impact on our community. THEREFORE BE IT RESOLVED:  The City of Niagara Falls recognize March as Youth Empowerment Month. Page 19 of 19 Page 34 of 611 PBD-2025-01 Planning Report Report to: Mayor and Council Date: January 14, 2025 Title: AM-2024-036 Official Plan and Zoning By-law Amendment Application 4500 Park Street Lots 1-8 and Part Lot 9 Block BB Plan 999-1000 4200 Queen Street Part of Lots 5 & 11, Block F Plan 999 and 1000, Part of Township Lot 93, Stamford, being Part 1 on 59R-18256; Part of Lots 5, 10, 11, Block F, Plan 999-1000 and Part of Township Lot 93, Stamford, being Part 2 on 59R-18256; Part of Lot 11, Block F, Plan 999 and 1000, being Parts 3 and 4 on 59R-18256; Part of Lots 2, 3, 7, 8, 10 & 11, Block F, Plan 999- 1000, Lot 9, Block F, Plan 999 and 1000, being Part 5 on 59R- 18256 To permit a 20 storey residential building on the property municipally known as 4500 Park Street; and, a 20 storey mixed-use building on the property municipally known as 4200 Queen Street Applicant: City of Niagara Falls Recommendation(s) That Council APPROVE the Official Plan and Zoning By-law amendments for a 20 storey residential use building on Park Street and a 20 storey mixed-use building on Queen Street, subject to the recommended regulations outlined in this report. Executive Summary The City of Niagara Falls has initiated Official Plan and Zoning By-law amendments to permit the development of a 20 storey residential use building for lands municipally known as 4500 Park Street; and, a 20 storey mixed-use building for lands municipally known as 4200 Queen Street. The amendments are recommended for the following reasons:  The proposed amendments satisfy matters of Provincial interest as outlined in Section 2 of the Planning Act; Page 1 of 92 Page 35 of 611  The proposed amendments conform to Provincial, Regional, and City policies as it intensifies land within the Strategic Growth Centre and Protected Major Transit Station Area, will assist the City in meeting its intensification targets, will provide additional affordable and attainable housing choices for residents/students, and provide new institutional and commercial uses that will attract new businesses and services Downtown;  The proposed Official Plan amendment increases the height permissions of the subject lands in an area designated for increased height and density. The policies specify the location of permitted uses and establish urban design requirements for the buildings to facilitate a high standard of architecture and urban design that will contribute to the planned context of Downtown; and,  The proposed zones have appropriate permitted uses and regulations for the future developments and ensures they will be compatible with surrounding properties. Background Proposal The City of Niagara Falls has initiated Official Plan and Zoning By-law amendments to permit the development of a 20 storey residential use building on a parcel of land municipally known as 4500 Park Street; and, a 20 storey mixed-use building on a parcel of land municipally known as 4200 Queen Street, as shown in Appendixes 1 and 2. 4500 Park Street is approximately 0.56 hectares in size and is located on the south side of Park Street between Crysler Avenue and St. Clair Avenue. 4200 Queen Street is approximately 0.41 hectares in size and is located on the south side of Queen Street west of Zimmerman Avenue. Both parcels are currently owned by the City. The City has an agreement of purchase and sale for the Queen Street property. For the Park Street property, the City put out a Request for Proposal (RFP) to partner on a housing project with a private partner. The City proposes to redesignate and rezone the parcels to facilitate future development. The subject lands are both designated Major Commercial in the City’s Official Plan. 4500 Park Street is designated Mixed Use 1 in the Transit Area Secondary Plan. 4200 Queen Street is designated Mixed Use 1, in part, and Open Space, in part, in the Transit Area Secondary Plan. The Mixed Use 1 designation permits high density mixed-uses. New development is subject to urban design policies that addresses building design and its integration with neighbouring lands. The Open Space designation permits parks and trails—currently, the portion of land designated Open Space, that is part of the 4200 Queen Street parcel, is being used for parking spaces. It is recommended that the Open Space designated land be redesignated to Mixed Use 1 Page 2 of 92 Page 36 of 611 as the lands are not part of the park and will be needed to facilitate a future mixed-use development. Staff is recommending the lands be placed under a Special Policy Area designation to: Park Street  Allow a stand-alone residential building to be constructed, in addition to the permitted Mixed Use 1 uses. To ensure active uses are at grade, dwelling units may be located on the ground floor up to a maximum of 50% of the total ground floor area provided the dwelling units do not front onto the street (amended since the Open House was held), and screened structured parking must be located at the rear or side yard of the building; and,  Permit a maximum height of 20 storeys rather than the maximum permitted height of 10 storeys. Queen Street  Allow a student residence above the ground floor and a private or public school to be constructed, in addition to the permitted Mixed 1 uses;  Permit a maximum height of 20 storeys rather than the maximum permitted height of 6 storeys; and,  Establish a minimum rear yard setback in the Zoning By-law as it abuts a listed heritage property on the City’s Municipal Heritage Register. For both properties  Specify vehicular access, loading, servicing and surface parking areas are to be located at the rear or side yards;  Indicate requirements for building articulation, stepbacks, glazing, and roof feature for architectural design and compatibility with abutting properties; and,  Require clear pedestrian routes between parking areas to the building entrances for pedestrian safety and communal indoor and/or outdoor amenity space for residential or student residence developments for the health and recreation of residents. The amendment updates and modernizes the Transit Station Secondary Plan permitted uses, height, and urban design policies for the two properties. The amendments conform to Provincial and Regional policies and implement current practices in architecture and urban design. In addition, staff is recommending the required width of Queen Street from Victoria Avenue to River Road be reduced from 23 metres to 20 metres at the direction of the General Manager of Municipal Works. Page 3 of 92 Page 37 of 611 As well, staff recommend that articulation, building wall, private school, public school, roof feature, student, and student residence be defined terms in the Official Plan. 4500 Park Street is zoned Central Business Commercial 4 Zone (CB4-1) and 4200 Queen Street is zoned Central Business Commercial 2 Zone (CB2), under Zoning By- law 79-200. Staff is recommending that 4500 Park Street be placed under a site specific Central Business Commercial 4 Zone (CB4) zone and 4200 Queen Street be placed under a site specific Central Business Commercial 2 (CB2) zone to permit 20 storey buildings with specified permitted uses and regulations. Site Conditions and Surrounding Land Uses Park Street 4500 Park Street is a rectangular parcel of land. It was formerly a farmer’s market and municipal garage and is currently a municipal public parking lot. The lands have been remediated and a Record of Site Condition filed indicating the property may be used for residential purposes. The property is bounded by Park Street to the north, Crysler Avenue to the west, and St. Clair Avenue to the east. To the north, is vacant land that previously was utilized as part of a rail line and is designated open space; as well as, several 1-2 storey detached dwellings on land that is designated for 14 storey mixed- use buildings. To the south, are 2 storey mixed-use commercial buildings that front onto Queen Street on land designated for 4 storey mixed-use buildings. The Transit Area Secondary Plan indicates that a 7 metre rear lane is to be provided as a mid-block corridor between 4500 Park Street and the abutting lots that front onto Queen Street. Queen Street 4200 Queen Street is an irregular shaped parcel of land with frontage on Queen Street and Zimmerman Avenue. It was formerly the site of the King Edward Hotel until it was purchased and demolished by the City to be used as a parking lot for City employees. To the north is vacant land that has an approved Minister’s Zoning Order (MZO) to permit a building with a maximum height of 132.5 metres (40 storeys) and a maximum podium height of 24 metres (6 storeys). To the east and immediate south are 1- 2 storey detached dwellings on land that is designated for 6 storey mixed-use buildings. To the west is the Rosberg Family municipal park and the northern terminus of the Olympic Torch Trail. Page 4 of 92 Page 38 of 611 Circulation Comments Information regarding the Official Plan and Zoning By-law Amendment application was circulated to City departments, agencies, and the public for comments. The following summarizes the comments received:  Niagara Region o No objections to the application. o The Official Plan Amendment is exempt from Regional Council approval. o At site plan stage:  A Noise Impact Study is recommended for 4500 Park Street to assess transportation related noise sources from the railway line and stationary noise sources from the commercial businesses on Bridge Street;  A Stage 1 Archaeological Assessment (at minimum) is required for both 4500 Park Street and 4200 Queen Street; and,  A Phase One Environmental Site Assessment (at minimum) and a Letter of Reliance in order to file a Record of Site Condition to the Ministry of Environment, Conservation and Parks’ Environmental Site Registry for 4200 Queen Street is required as a 1965 air photo shows a rail line running through a portion of the lands prior to the lands being utilized for residential use. It is noted that a Phase 1 and Phase 2 Environmental Site Assessment has been submitted as part of a CIP Brownfields Grant application. The Assessments have not been reviewed as part of this application but will be reviewed at the site plan stage.  Canada Post o No comments on the application.  CN Rail o At site plan stage:  A Noise Impact Study will be required that CN will review. CN may consider other measures, in addition to those outlined in the Railway Association of Canada and Federation of Canadian Municipalities Guidelines for New Development in Proximity to Railway Operations;  Warning clauses are provided that are to be registered on title that address the potential for alterations or expansion of railway facilities within 1000 metres from the subject land that may affect the living environment of residents and that state noise isolation measures are not to be tampered with or altered;  The Owner is required to enter into an Agreement with CN stipulating how CN’s concerns will be resolved and pay CN’s reasonable costs in preparing and negotiating the agreement; and, Page 5 of 92 Page 39 of 611  The Owner is required to grant CN an environmental easement for operational noise and vibration emissions, registered against the subject property in favour of CN.  Enbridge o No objections to the application.  Metrolinx o Requested to be circulated at the time of site plan application to provide comments.  Mississaugas of the Credit First Nation (MCFN) o Requested to be circulated all Environmental Study reports and that a Stage 1 Archaeological Study be conducted and submitted to MCFN for review. If it is determined a Stage 2 is required, MCFN is expected to be involved in the field study with MCFN Field Liaison Representation. Archaeological studies will be required to be submitted at the site plan stage.  Niagara Catholic District School Board (NCDSB) o Sufficient space exists within the local elementary and secondary schools to accommodate additional students.  Niagara Peninsula Energy Inc.(NPEI) o NPEI has the following distribution assets located on the property at 4500 Park Street: secondary pole line along the south side of the property and underground facilities at the south east corner of the property.  Building Services o Building permits will need to be obtained. Building permit fees and development charges will be assessed during building permit application review.  Municipal Works o No comments. Neighbourhood Comments The public open house was held on December 19, 2024, attended by City planners with six (6) residents present. Four residents expressed opposition to the application. In addition, no written comments have been received. Those opposed expressed the following concerns: Page 6 of 92 Page 40 of 611  Loss of public parking  No plans or studies  Disposal of land and process  In regard to 4200 Queen street: o Elimination of vehicular access to lot used for residential parking o Height and yard setbacks of building o Changing character of residential neighbourhood The following is noted in response:  The loss of public parking lots was a decision of Council prior to the application.  The City may redesignate and rezone properties without plans and studies based on Provincial policy direction and planning principles.  The process and decision to dispose of the Queen Steet parcel was approved by Council and an agreement of purchase and sale has been entered into. The Park Street property is part of a public private partnership that was put out for RFP by the City.  In regard to the 4200 Queen Street: o An irregular shaped lot with approximately 2.5 m frontage on Huron Street is currently used for vehicular parking by 4711 Zimmerman Avenue (the parcels are owned by the same owner). As the frontage is not wide enough for a vehicle, the owner has used 4200 Queen Street for vehicular access onto their lands. An easement is not registered on title. The decision to sell 4200 Queen Street was made by Council prior to the application. Access rights would need to be discussed with the new owner. o Stepbacks are required if building walls are greater than 15 storeys. In addition, at the time of site plan, Sun Shadow and Wind Studies will determine if additional step backs are required. o For interior lot lines that do not abut Rosberg Family Park, instead of the standard regulation requiring a minimum interior side yard of 0 metres, staff are recommending a minimum interior side yard of 3 metres. This applies the standard minimum rear yard setback of 3 metres. The distance is appropriate as the yard functions as a rear yard and abuts the rear yards of adjacent properties. o For the rear yard setback, as it abuts a listed property on the City’s Municipal Heritage Register, a minimum rear yard of 7.5 metres is recommended. Should the Heritage Impact Statement, a requirement at the site plan stage, indicate a greater setback is required, there is the opportunity to increase the minimum rear yard to minimize impact to the heritage property. o The Official Plan policies and Zoning By-law regulations are appropriate as the parcels are located within the City’s Strategic Growth Centre and Major Transit Station Area which is to be the focus of population and economic growth in the City. Page 7 of 92 Page 41 of 611 Analysis Provincial Policies The Planning Act requires City planning decisions to be consistent with the Provincial Policy Statement (2024). The subject lands are within a Strategic Growth Centre and Major Transit Station Area. The proposed amendments are consistent as follows:  The proposed amendments satisfy matters of provincial interest as outlined in Section 2 of the Planning Act and eliminates parking requirements for the subject lands as required under Sections 16(22) and 34(1.1) of the Planning Act;  The increased height will facilitate developments that will assist the City in achieving the minimum density target of 150 residents and jobs combined per hectare for a Strategic Growth Area;  The redevelopment of surface parking lots for residential, institutional and commercial uses is transit-supportive, provides increased housing options, including affordable and student housing, for residents that will meet the City’s projected needs, and promotes the formation of a complete community; and,  The proposed development makes use of vacant land and encourages the efficient use of existing municipal infrastructure and services. Regional Official Plan The subject lands are designated as a Regional Growth Centre and Protected Major Transit Station Area in the Niagara Official Plan. The proposed amendments conform as follows:  The increased height will facilitate development that will contribute to the Regional minimum density target of 125 people and jobs per hectare for a Protected Major Transit Station Area; and,  The resulting developments will be transit-supportive, diversity the housing supply, contribute to the creation of a complete community, and effectively utilize municipal infrastructure and urban lands. City Official Plan The Official Plan designates both the subject lands as Major Commercial. The subject lands are within the Transit Station Secondary Plan Area and are designated Mixed Use 1 for 4500 Park Street in full and 4200 Queen Street in part. A portion of 4200 Queen Street was designated as Open Space in error as it is not part of the park but rather part of the parking lot. The recommended amendment seeks to redesignate the Open Space portion of the 4200 Queen Street parcel to Mixed Use 1 to apply a consistent designation to the lands. Page 8 of 92 Page 42 of 611 Mixed-use buildings and medium and high density apartments may be permitted subject to stepbacks, setbacks (i.e. policies and urban with complying design parking/driveway/access locations, and building design). Staff is recommending the lands be placed under a Special Policy Area designation to permit heights of 20 storeys for both parcels rather than the maximum permitted height of 10 storeys for Park Street (for residential use) and 6 storeys for Queen Street (for mixed-use). In addition, staff recommends updating policies for the subject lands that modernizes architecture and urban design guidelines, removes policies that are now not permitted by the Planning Act and those that are better suited as regulations in the zoning by-law (refer to Appendix 3). In considering an Official Plan amendment, Council is to consider the conformity of the proposal to the general objectives of the Plan, suitability of the site or area for the proposed use, compatibility of the proposed use with adjacent land use designations, need for the use, availability of adequate municipal services, and, facilities for the proposed uses and its financial implications. The proposed amendments comply with the intent of the Official Plan as follows:  The proposed maximum height of 20 storeys for residential (Park Street) and mixed-use (Queen Street) buildings is appropriate as it conforms to Provincial and Regional policies that identify the Downtown core as the focus in the City for population growth and economic activity. Both parcels may accommodate a tall building, have frontage on a collector road, and are within an easy walking distance of the GO Station;  The proposed additional uses of residential/student residence amenity uses at grade with dwelling units above grade, or in the case of Park Street dwelling units may be located on the ground floor to a maximum of 50% of the total ground floor area provided such dwelling units do not front onto the street, which is consistent with the Secondary Plan policies that specify active uses that enliven the street are to be located on the ground floor;  The proposed additional use of private or public school for the Queen Street parcel implements a policy of the Secondary Plan that permits institutional uses at grade. It is appropriate to locate institutional uses on Queen Street as it is the main street of the Downtown;  The location for driveways, loading, servicing, and on-site structured parking and surface parking areas is to be from side streets and rear lanes to maintain a consistent defined street wall along the front façade which is a best practice in urban design;  The proposed architectural design policies provide clarity for when and where articulation is to be applied and retain flexibility for developers in their design, Page 9 of 92 Page 43 of 611 while also maintaining the intent of the Secondary Plan’s urban design policies to achieve attractive buildings;  The introduction of tower separation, roof top feature, and glazing policies is consistent with the City’s Tourist Area urban design guidelines and is appropriate to be introduced in the Secondary Plan;  The introduction of a communal indoor and/or outdoor amenity space policy for new residential or student residence development is appropriate as it ensures recreational amenity space for residents;  The establishment of a minimum rear yard setback in the Zoning By-law from the abutting property line for the Queen Street parcel is appropriate to provide separation from the adjacent property which is listed on the City’s Municipal Heritage Register;  The proposed Zoning By-law amendments implement the existing and recommended site specific Secondary Plan policies;  At the site plan stage, review of the built form, potential shadow and wind impacts, site design, and infrastructure capacity will occur; and,  At the building permit stage, a Record of Site Condition (RSC) will be required for the Queen Street parcel as the Park Street parcel has been issued a RSC. A draft of the recommended Official Plan amendment is included as Appendix 4. Zoning By-law 79-200 Staff is recommending a site specific CB4 zone be applied to 4500 Park Street and a site specific CB2 zone be applied to 4200 Queen Street to facilitate future development as outlined in this report. The departures recommended from the standard CB4 and CB2 regulations are discussed and summarized in Appendixes 5 and 6. The recommended zoning is appropriate as it implements and conforms to Provincial, Regional, and City policy. In addition, it will result in a compact built form that will not have a negative impact on abutting properties as suitable setbacks and built form regulations are being established. The draft recommended Zoning By-law amendments are included as Appendixes 7 and 8. 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 of Municipal Affairs and Housing (MMAH), the applicant, or a specified person, public body, or registered owner of any land to which the Official Plan amendment or zoning by-law will apply, who made oral submissions at a Public Meeting or written submissions to City Council prior to the adoption of the amendment and/or passage of Page 10 of 92 Page 44 of 611 the by-law, may appeal the amendment and/or 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 No operational implications and risk analysis. Financial Implications/Budget Impact The future developments will generate development charge contributions, community benefits, cash-in-lieu of parkland dedication, and property tax revenue for the City. It is noted from exempt are residential units select and affordable that attainable development charges and are subject to reduced community benefit charges and parkland dedication. There is the opportunity for the property owner to apply for and receive a CIP Revitalization Grant. In addition, they are significant investments that help act as catalysts to attract new investment to the Downtown. Strategic/Departmental Alignment The amendments align with the Economic Diversification and Growth and Social Sustainability Pillars of the 2023-2027 Strategic Plan by diversifying the economy by strengthening priority sectors and increasing quality, affordable housing options. Strategic Plan Pillars Diversify the economy by strengthening priority sectors with cluster development. Build partnerships to increase quality, affordable housing options. 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. 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- Location of 4500 Park Street Appendix 2- Location of 4200 Queen Street Appendix 3- Recommended Official Plan Amendment Chart Page 11 of 92 Page 45 of 611 Appendix 4- Draft Official Plan Amendment Appendix 5- Recommended Zoning By-law Amendment Chart-Park Street Appendix 6- Recommended Zoning By-law Amendment Chart-Queen Street Appendix 7- Draft Zoning By-law Amendment-Park Street Appendix 8- Draft Zoning By-law Amendment-Queen Street Written by: Julie Hannah, Manager of Policy Planning Submitted by: Status: Signe Hansen, Director of Planning Approved - 07 Jan 2025 Kira Dolch, General Manager, Planning, Building & Development Approved - 07 Jan 2025 Jason Burgess, CAO Approved - 08 Jan 2025 Page 12 of 92 Page 46 of 611 Appendix 1 Location of 4500 Park Street Page 13 of 92 Page 47 of 611 Appendix 2 Location of 4200 Queen Street Page 14 of 92 Page 48 of 611 Appendix 3: Recommended Official Plan Amendment Chart Policy Existing Policy Direction Amended/New Policy Reason Special Policy Area Policies Schedule A2(a) 4200 Queen Street- maximum height of 6 storeys 4500 Park Street- maximum height of 10 storeys Amend- site specific Maximum height of 20 storeys - Increase height to implement Provincial and Regional Strategic Growth Centre, Protected Major Transit Station Area policy direction. Schedule A5 4200 Queen Street- part Mixed Use 1 Downtown and part Open Space 4500 Park Street- Mixed Use 1 Downtown Amend- site specific 4200 Queen Street- propose change redesignate Open Space lands to Mixed Use 1 Downtown Both properties to receive a Special Policy Area designation to implement policies outlined below. - The portion of lands designated Open Space currently are paved and function as part of the King Eddy Parking Lot. No active parkland is being removed. The entire Queen Street parcel will permit mixed use development. 2.4.1 The planned function of the Mixed Use 1 designation is to provide opportunities for mixed use development in a high density format. Uses can be mixed across a parcel or mixed within a building. Commercial, office, institutional uses that enliven the street Addition- site specific In addition to the requirements of Sections 2.4.1 and 2.4.4, the land on the south side of Park Street between Crysler Avenue and St. Clair Avenue (approximately 0.56 hectares), may have stand- alone residential uses provided that residential uses on the ground floor do not exceed a maximum of 50% of the total ground floor area and provided dwelling - Current Zoning By-law permitted uses conflicts with this policy: o Park Street is permitted to be an apartment dwelling without other uses. o Queen Street permits apartment dwellings above grade. - As the geographic area of the Mixed Use 1 designation is extensive, Page 15 of 92Page 49 of 611 Appendix 3: Recommended Official Plan Amendment Chart should be located on the ground floor of buildings close to the front property line to help frame and animate the street. Structured parking is encouraged. Surface parking should be located at the rear of buildings to prioritize orientation of building frontages along the street. units do not front onto the street. Residential amenity uses, such as lobby and communal use rooms, may be permitted on the ground floor. In addition to the requirements of Section 2.4.1, the land on the south side of Queen Street west of Zimmerman Avenue (approximately 0.41 hectares), may permit residential amenity uses and student residence amenity uses, such as lobby and communal use rooms, on the ground floor. there should be opportunity to develop non-mixed use buildings (i.e. residential use only) on streets other than Queen Street (that is the main commercial thoroughfare in the Downtown). - Residential amenity use is permitted at grade for both parcels as it is an active use. - Residential use (i.e. dwelling units) will be permitted at grade for the Park Street parcel provided dwelling units do not front the street and do not exceed 50% of the total ground floor area to maintain active uses along the street. - Student residence amenity uses are permitted at grade as it is an active use and student residence will be a permitted use for the Queen Street parcel. Page 16 of 92Page 50 of 611 Appendix 3: Recommended Official Plan Amendment Chart 2.4.2 (a) Commercial uses such as a full range of personal and professional service commercial uses, office, retail uses except for large format retail, and may include recreational, community and cultural facilities as secondary uses. Addition - site specific In addition to the permitted uses of Section 2.4.2, the land located on the south side of Queen Street west of Zimmerman Avenue (approximately 0.41 hectares), may permit student residence and private or public school. - Addition to permitted uses of student residence and private or public school. Institutional uses are permitted at grade (Policy 2.4.1) but uses are not outlined in Policy 2.4.2 (a). While residential dwelling units are permitted above grade, the Secondary Plan did not permit student residence. 2.4.4 The Mixed Use 1 designation includes the City’s historic downtown and adjacent main street areas. Development within these areas is intended to be located along downtown streets where a mix of different uses could be located at the street level including commercial or office type uses. The policies allow flexibility in terms of which uses are Addition- site specific See Policy 2.4.1 (re : Park Street) - Specify Park Street may be residential-use only. Page 17 of 92Page 51 of 611 Appendix 3: Recommended Official Plan Amendment Chart located at the street level and accommodates a mix of uses within a single building or within multiple buildings throughout an area. Development shall be characterized by buildings that provide a defined street wall and are proportional to the width of the street. 3.8 Development applications in proximity to the Transit Station Area may be required to include a Transportation Demand Management (TDM) Plan, prepared to the satisfaction of the City. The TDM Plan shall implement and promote measures to reduce the use of low-occupancy automobiles for trips and to increase Not applicable- site specific - Recent Planning Act changes do not permit municipalities to require parking in the Protected Major Transit Station Area. This policy is no longer applicable. Page 18 of 92Page 52 of 611 Appendix 3: Recommended Official Plan Amendment Chart transit use, cycling and walking. 3.9 Through the development approvals process, the City will consider alternative parking requirements for mixed use and high density developments including shared parking standards. Such requests will be supported by a Parking Demand Analysis completed to the satisfaction of the City. Not applicable- site specific - Recent Planning Act changes do not permit municipalities to require parking in the Protected Major Transit Station Area. This policy is no longer applicable. 3.13.4.1 Vehicular access to on-site parking, loading and servicing facilities should be located from side streets and rear lanes wherever possible. Where this is not possible, mid- block access can be considered in instances where: a) The driveway is located an Amend-site specific Vehicular access to on-site structured parking, loading and servicing facilities should shall be located from side streets and rear lanes wherever possible. - To facilitate the desired building footprint, and vehicular access, the specific location of the driveway is being specified. Transportation Services staff will approve driveway locations at the site plan stage. Page 19 of 92Page 53 of 611 Appendix 3: Recommended Official Plan Amendment Chart appropriate distance from the nearest intersection or side street. b) Appropriate spacing between adjacent driveways is maintained resulting in no more than one driveway every 30 metres. c) Opportunities to consolidate shared access to minimize curb-cuts are prioritized. d) Consideration is provided to contain mid- block driveways within the building massing with additional floors built above. Page 20 of 92Page 54 of 611 Appendix 3: Recommended Official Plan Amendment Chart 3.13.5.1 b) Surface parking areas should be located at the rear or side-yard of a building and should not be placed between the front face of a building and the sidewalk. Amend- site specific Surface parking areas should shall be located at the rear or side yard of a building and should shall not be placed between the front face of a building and the sidewalk. - Parking should not be located in the front yard of the building to provide an attractive streetscape and for the building’s façade to be prominent. 3.13.5.1 c) Driveways to parking should be from rear lanes and side streets wherever possible. Amend- site specific Driveways to surface parking areas should shall be from rear lanes and side streets wherever possible. - Refer to comments provided with Policy 3.13.4.1. 3.13.5.1 h) Clear, 1.5 metre (minimum) dedicated pedestrian routes should provide direct connections from parking areas to building entrances. Amend- site specific Clear 1.5 metre (minimum) dedicated pedestrian routes should provide direct connections from parking areas to building entrances. - Removed the minimum width requirement as this will be reviewed at site plan stage. - Implementing measurements/regulations should not be included in Secondary Plan as deviation requires an Official Plan amendment. 3.13.5.1 l) Parking on corner lots is discouraged. However, where required, it should be screened by landscaping. Exclude- site specific - Terminology is not clear as parking on corner lots is permitted. However, the location of parking is not specified. Page 21 of 92Page 55 of 611 Appendix 3: Recommended Official Plan Amendment Chart 3.13.5.4 Structured Parking should adhere to the following guidelines: a) Integrate above-ground parking structures into the streetscape through active- at-grade uses, and attractive facades that animate the streetscape and pedestrian safety. b) Locate pedestrian entrances for parking structures adjacent to station entrances, main building entrances, public streets or other highly visible locations. Amend- site specific Structured parking shall be located at the rear or side yard of the building and shall be appropriately screened along the sidewalk interface and upper storeys shall be screened from view from the public street. - Structured parking should not be located in the front yard of the building to provide an attractive streetscape and for the building façade to be prominent. It should be screened to provide an attractive streetscape. Page 22 of 92Page 56 of 611 Appendix 3: Recommended Official Plan Amendment Chart c) Screen parking structures from view at sidewalk level through architectural detailing and landscaping. 3.13.7.1 b) and c) To create a consistent street wall to frame Buttrey Street, Bridge Street, Park Street and River Road, and to create an active streetscape, design should: b) Provide additional setbacks in areas with retail at grade to accommodate a minimum 4.8 metre boulevard width for outdoor display areas, seating Exclude- site specific - It is not desirable to establish a 4.8 metre setback for all developments that have commercial/retail uses at grade. - There are no abutting buildings on Park Street. - Implementing measurements/regulations should not be included in Secondary Plan as deviation requires an Official Plan amendment. Page 23 of 92Page 57 of 611 Appendix 3: Recommended Official Plan Amendment Chart and landscaping. c) Where streets have a variety of setbacks, locate new buildings at a setback distance that reflects the average of the adjacent buildings. 3.13.8.1 Where mid-rise sites abutting stable residential areas exist the following rear setbacks and transitions are required to minimize shadow and privacy issues on adjacent uses: a) Provide a 7.5 metre rear- yard setback from the abutting property line. Amend- site specific The land located on the south side of Queen Street west of Zimmerman Avenue (approximately 0.41 hectares) shall provide a minimum rear yard setback from the abutting property line as detailed in the City’s Zoning By-law to provide for separation from the listed property on the City’s Municipal Heritage Register. - The abutting southern residential lots are not designated for residential use. Excluding the policy provides clarity for future development. - Angular plane is applied by Staff when a development is abutting a residential designated property. It does not abut residential designated properties. - The rear yard setback is being established as the abutting property is listed Page 24 of 92Page 58 of 611 Appendix 3: Recommended Official Plan Amendment Chart b) Apply a 45- degree angular pane from the abutting property line for sites deeper than 36 metres. c) Apply a 45- degree angular plane from a height of 10.5 metres above the 7.5 metre setback line on properties less than 36 metres deep. on the City’s Municipal Heritage Register. 3.13. 10.2 a) These buildings should: Provide a focus on residential mixed use density consistent with Schedule A-5 of this Plan, in the neighbourhoods surrounding the Station Area. Exclude-site specific - Refer to comments provided with Policy 2.4.1. - Stand-alone residential use will be permitted on Park Street. 3.13.10.2 f) Taller buildings should step back 3.0 Exclude-site specific New development that has a building wall 15 storeys or - New development that has a building wall that is Page 25 of 92Page 59 of 611 Appendix 3: Recommended Official Plan Amendment Chart metres above the building base. less in height shall provide at least one form of articulation on the entirety of the building wall between the first and fourth storeys and between the fourth and fifteenth storeys. In addition, new development may use different building material treatment and colour to provide variety to the building’s built form. New development that has a building wall greater than 15 storeys in height shall provide a minimum stepback on the entirety of the building wall for all storeys above the 4th storey as detailed in the City’s Zoning By-law to create a human- scaled building at grade. 15 storeys or less in height must provide articulation in the built form between the first and fourth storeys and between the fourth and fifteenth storeys to provide interest to the streetscape. The architectural design may also utilize different building material treatment and colour to provide variety to the built form. - The recommended Zoning By-law amendment establishes step backs for all storeys above the 4th storey (which is considered to be at a human scale) when the building exceeds 15 storeys in height. - A minimum stepback of 2 metres will be in the implementing zoning by- law when the building exceeds 15 storeys in height. 3.13.10.2 g) An additional step in the building should be determined by a 45-degree angular plane applied at a Exclude-site specific - Angular plane is applied by Staff when a development is abutting a residential designated property. Neither property Page 26 of 92Page 60 of 611 Appendix 3: Recommended Official Plan Amendment Chart height equivalent to 80 percent of the width of the right-of way abuts residentially designated properties. - A Sun/Shadow Study will determine if additional stepbacks are required. 3.13.10.2 j) 60 percent of the building frontage on the ground floor and at building base levels should be glazed to allow views of indoor uses and to create visual interest for pedestrians. 60 percent of the building frontage New development is encouraged to have glazing on the ground floor and at of the building base levels should be glazed to allow views of indoor uses and to create visual interest for pedestrians. - The implementing zoning by-law regulates the percentage of transparent glazing required for building walls fronting onto public streets or adjacent to open space/park uses. - Implementing measurements/regulations should not be included in Secondary Plan as deviation requires an Official Plan amendment. 3.13.10.3 a) The height of the podiums should range between 3 to 4 storeys Exclude-site specific - Refer to comments provided with 3.13.10.2 f). 3.13.10.3 b) Achieve a minimum building stepback of 2.5 metres. In special circumstances (i.e. to protect views), a setback of 5 metres may be appropriate Exclude-site specific See 3.13.10 3 a) - Conflicts with Policy 3.13.10.2 f). - Refer to comments provided with Policy 3.13.10.2 f) Page 27 of 92Page 61 of 611 Appendix 3: Recommended Official Plan Amendment Chart 3.13.12.3 f) Building heights above four storeys will incorporate step- backs to mitigate the perception of building height from the surrounding areas. Exclude-site specific - Refer to comments provided with Policy 3.13.10.2 f) New- no policies on building finishing material Addition- site specific Finishing material (i.e. brick, siding/cladding, stucco) shall be applied to the most outer, visible layer in building construction to all exterior walls facing a public street and land used for open space/park. - To ensure a high quality architectural building, for all public facing walls, finishing material treatment on the facades is required. - Policy specific to building finishing material is not currently in Secondary Plan. New- no policies on tower separation Addition- site specific New development shall provide adequate separation between towers on the same lot. - Between towers, adequate distance is needed to provide sky view and mitigate shadow and wind issues. - Policy specific to tower separation is not currently in Secondary Plan. New- no policies on roof top feature Addition- site specific New development shall provide a roof top feature that is complementary to the building’s architecture. - To provide variety in the skyline of the downtown, similar to the City’s Tourist Area, roof top features are desirable. - Policy specific to a roof top feature is not currently in Secondary Plan. Page 28 of 92Page 62 of 611 Appendix 3: Recommended Official Plan Amendment Chart New- amenity space Addition- site specific New residential or student residence development shall provide communal indoor and outdoor amenity space. - Current zoning by-law regulation addresses residential amenity space. Policy adds the requirement for student residence and indicates that the developments may provide communal indoor and outdoor amenity space which provides flexibility as to the location of amenity space. - The implementing zoning by-law specifies the minimal amount of amenity space required. Part 3 Environmental Management Section 1 Municipal Infrastructure Queen Street from Victoria Avenue to River Road 23 m Amend 20 m - Municipal Works has determined that the right- of-way width for Queen Street may be reduced. Appendix 1- Definitions New- “Articulation” Means the stepping out and/or recessing of a balcony, roof, awnings, columns, cornices or external wall of a building in plan and in section. - To provide clarity to term’s meaning has been added to definitions. New- “Building Wall” Means a vertical surface that forms the exterior façade of a building. - To provide clarity to term’s meaning has been added to definitions. Page 29 of 92Page 63 of 611 Appendix 3: Recommended Official Plan Amendment Chart New- “Public school” Means a body of students enrolled in any elementary, secondary, or post-secondary courses of study in an educational institution operated by the Government of Ontario. - To provide clarity to term’s meaning has been added to definitions. New- “Private school” Means a body of students enrolled in any elementary, secondary, or post-secondary courses of study in an educational institution not operated by the Government of Ontario. - To provide clarity to term’s meaning has been added to definitions. New- “Roof feature” Means a distinct architectural element erected above the top storey and shall be provided for the purposes of enhancing the design of the buildings and may consist of an enclose any roof mounted mechanical equipment, mechanical penthouse or other similar elements. Notwithstanding section 4.7 of By-law No. 79-200, and except for any flagpoles, or other similar decorative roof features, and radio, telephone, television or telecommunication towers or antennae, no watertank, elevator, or other - To provide clarity to term’s meaning has been added to definitions. Page 30 of 92Page 64 of 611 Appendix 3: Recommended Official Plan Amendment Chart mechanical penthouse shall have a height greater than the roof feature. New- “Student” Means an individual registered in a public school or private school. - To provide clarity to term’s meaning has been added to definitions. New- “Student residence” Means a building or part thereof used for the housing of students within dwelling units that may consist of independent bedrooms, independent or shared washroom facilities, independent or shared kitchen and dining facilities and common indoor and outdoor amenity areas. - To provide clarity to term’s meaning has been added to definitions. Figures and Schedules Figure 12- Planned Active Transportation Network Exclude-site specific - A conceptual multi-use trail connection is depicted crossing the Queen Street parcel. The trail, as constructed, does not cross the Queen Street parcel. Schedule C-1 Public Realm Improvement Strategy Exclude-site specific - A conceptual multi-use trail connection is depicted crossing the Queen Street parcel. The trail, as constructed, does not cross the Queen Street parcel. The existing Page 31 of 92Page 65 of 611 Appendix 3: Recommended Official Plan Amendment Chart Rosberg Park is not being reduced in size. Page 32 of 92Page 66 of 611 CITY OF NIAGARA FALLS By-law No. 2025-XXX A by-law to provide for the adoption of Amendment No. 177 to the City of Niagara Falls Official Plan (AM-2024-036). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS, IN ACCORDANCE WITH THE PLANNING ACT, 1990, AND THE REGIONAL MUNICIPALITY OF NIAGARA ACT, HEREBY ENACT AS FOLLOWS: 1. Amendment No. 177 to the City of Niagara Falls Official Plan, constituting the attached text and maps, is hereby adopted. Read a First, Second and Third time; passed, signed and sealed in open Council this XXth day of January, 2025. ........................................................ ...................................................... BILL MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 33 of 92 Page 67 of 611 OFFICIAL PLAN AMENDMENT NO. 177 PART 1 – PREAMBLE (i) Purpose of the Amendment The purpose of the amendment is to allow for the development of: • residential use building(s) up to a maximum of twenty (20) storeys in height located on the south side of Park Street between Crysler Avenue and St. Clair Avenue (approximately 0.56 hectares in size) as shown in Map 1 of Amendment No. 177; and, • mixed-use building(s) up to a maximum of twenty (20) storeys in height located on the south side of Queen Street west of Zimmerman Avenue (approximately 0.41 hectares in size) as shown in Map 2 of Amendment No. 177. (ii) Location of the Amendment The amendment applies to lands shown as Special Policy Area 102 on Schedule A5 to the Official Plan-Transit Station Area. (iii) Details of the Amendment Map Changes Schedule A5 to the Official Plan – Transit Station Area has been amended to show the Mixed Use 1 Downtown designation with Special Policy Area 102 for the subject lands identified on Maps 1 and 2; and, the “Proposed Change” land, shown on Map 2, shall be redesignated from Open Space to Mixed Use 1 Downtown as it forms part of the existing parking lot and is not part of the park. Text Change PART 2, SECTION 13 – SPECIAL POLICY AREAS, is amended by the addition of Subsection 13.102. PART 5, SECTION 2 SUBSECTION 2.12 SPECIAL AREA DESIGNATIONS, is amended by the addition of: • Special Policy Area “102” (see PART 2 SECTION 13.102). (iv) Basis of the Amendment The applicant (City of Niagara Falls) proposes to permit development of: Page 34 of 92 Page 68 of 611 • residential use building(s) up to a maximum of twenty (20) storeys on 0.56 hectares on the subject property legally known as PIN 64328- 0050 (LT) Lots 1-8 and Part Lot 9 Block BB Plan 999-1000 as in RO183817, S/T NF31591 & RO215677, City of Niagara Falls; and, • mixed-use building(s) up to a maximum of twenty (20) storeys in height located on the subject property legally known as Part of PIN 64328-0197 (LT) and All of PIN 64328-0198 (LT) Part of Lots 5 & 11, Block F Plan 999 and 1000, Part of Township Lot 93, Stamford, being Part 1 on 59R-18256; Part of Lots 5, 10, 11, Block F, Plan 999-1000 and Part of Township Lot 93, Stamford, being Part 2 on 59R-18256; Part of Lot 11, Block F, Plan 999 and 1000, being Parts 3 and 4 on 59R-18256; Part of Lots 2, 3, 7, 8, 10 & 11, Block F, Plan 999-1000, Lot 9, Block F, Plan 999 and 1000, being Part 5 on 59R-18256. The lands known as 4500 Park Street are designated Mixed Use 1 Downtown and the lands known as 4200 Queen Street are designated Mixed Use 1 Downtown, in part, and Open Space, in part, as shown on Schedule A5 to the Official Plan- Transit Station Secondary Plan. The amendment will redesignate a portion of the lands known as 4200 Queen Street, depicted as “Proposed Change” in Map 2, from Open Space to Mixed Use 1 Downtown. The redesignation is appropriate as the entire legal parcel is to be developed for high density mixed use and the part currently designated Open Space forms part of the parking lot. The amendment meets the intent of the Official Plan as the area, identified as a strategic growth area, is suitable for intensification and the buildings are to be either setback, stepped back, or articulated in form to lessen the impact of height and massing. The increase in height will be appropriate as the lands are within an area targeted for intensification due to their proximity to the GO Transit Station. The proposed developments will contribute to the overall density target of 150 people and jobs per hectare for the Transit Station Secondary Plan Area. PART 2 – BODY OF THE AMENDMENT All of this part of the document entitled PART 2 – BODY OF THE AMENDMENT, consisting of the following Mapping Changes and Text Changes, constitute Amendment No. 177 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: Page 35 of 92 Page 69 of 611 1. MAP CHANGES The “Areas Affected by this Amendment”, shown on the maps attached hereto, entitled “Map 1 to Amendment 177”, and “Map 2 to Amendment 177” shall be identified as Special Policy Area 102 on Schedule A5 to the Official Plan-Transit Station Area. 2. TEXT CHANGES PART 2, SECTION 13 –SPECIAL POLICY AREAS, is hereby amended by adding the following subsection: 13.102 Special Policy Area “102” applies to: • land located on the south side of Park Street between Crysler Avenue and St. Clair Avenue (approximately 0.56 hectares) as shown on Map 1 of Amendment No. 177; and, • land located on the south side of Queen Street west of Zimmerman Avenue (approximately 0.41 hectares) as shown on Map 2 of Amendment No. 177. The following policies in Part 5 Secondary Plans Section 2 Transit Station Secondary Plan are not applicable to the lands shown in Maps 1 and 2 of Amendment No. 177: Sections 3.8, 3.9, 3.13.4.1, 3.13.5.1 b), c), h) and l), 3.13.5.4, 3.13.7.1 b) and c), 3.13.8.1, 3.13.10.2 a), f), g), and j), 3.13.10.3 a) and b), and 3.13.12.3 f). The following figure and schedule in Part 5 Secondary Plans Section 2 Transit Station Secondary Plan are not applicable to the lands shown in Maps 1 and 2 of Amendment No. 177: Figure 12- Planned Active Transportation Network and Schedule C-1- Public Realm Improvement Strategy. Despite the height illustrated in Schedule A-2(a) of the Transit Station Secondary Plan, the residential use building(s) on the land shown on Map 1 of Amendment No. 177, and mixed-use building(s) on the land as shown on Map 2 of Amendment No. 177, shall be permitted to have a height up to a maximum of twenty (20) storeys subject to the following policies: 13.102.1 In addition to the requirements of Sections 2.4.1 and 2.4.4, the land on the south side of Park Street between Crysler Avenue and St. Clair Avenue (approximately 0.56 hectares), may have Page 36 of 92 Page 70 of 611 stand-alone residential uses provided that residential uses on the ground floor do not exceed a maximum of 50% of the total ground floor area and provided dwelling units do not front onto the street. Residential amenity uses, such as lobby and communal use rooms, may be permitted on the ground floor. 13.102.2 In addition to the requirements of Section 2.4.1, the land on the south side of Queen Street west of Zimmerman Avenue (approximately 0.41 hectares), may permit residential amenity uses and student residence amenity uses, such as lobby and communal use rooms, on the ground floor. 13.102.3 In addition to the permitted uses of Section 2.4.2, the land located on the south side of Queen Street west of Zimmerman Avenue (approximately 0.41 hectares), may permit student residence and private or public school. 13.102.4 Finishing material (i.e. brick, siding/cladding, stucco) shall be applied to the most outer, visible layer in building construction to all exterior walls facing a public street and land used for open space/park. 13.102.5 Vehicular access to on-site structured parking, loading, and servicing shall be located from side streets and rear lanes. 13.102.6 Surface parking areas shall be located at the rear or side yard of a building and shall not be placed between the front face of a building and the sidewalk. 13.102.7 Structured parking shall be located at the rear or side yard of the building and shall be appropriately screened along the sidewalk interface and upper storeys shall be screened from view from the public street. 13.102.8 Driveways to surface parking areas shall be from rear lanes and side streets. 13.102.9 Clear dedicated pedestrian routes should provide direct connections from parking areas to building Page 37 of 92 Page 71 of 611 entrances. 13.102.10 The land located on the south side of Queen Street west of Zimmerman Avenue (approximately 0.41 hectares) shall provide a minimum rear yard setback from the abutting property line as detailed in the City’s Zoning By-law to provide for separation from the listed property on the City’s Municipal Heritage Register. 13.102.11 New development is encouraged to have glazing on the ground floor of the building to allow views of indoor uses and to create visual interest for pedestrians. 13.102.12 New development that has a building wall 15 storeys or less in height shall provide at least one form of articulation on the entirety of the building wall between the first and fourth storeys and between the fourth and fifteenth storeys. In addition, new development may use different building material treatment and colour to provide variety to the building’s built form. New development that has a building wall greater than 15 storeys in height shall provide a minimum stepback on the entirety of the building wall for all storeys above the 4th storey as detailed in the City’s Zoning By-law to create a human-scaled building at grade. 13.102.13 New development shall provide adequate separation between towers on the same lot. 13.102.14 New development shall provide a roof top feature that is complementary to the building’s architecture. 13.102.15 New residential or student residence development shall provide communal indoor and/or outdoor amenity space. Page 38 of 92 Page 72 of 611 PART 3 ENVIRONMENTAL MANAGEMENT SECTION 1 MUNICIPAL INFRASTRUCTURE Section 1.5.34 is hereby amended as follows: Road From To Collector Queen Street Victoria Avenue River Road Amend 23 to 20. APPENDIX 1- DEFINITIONS is hereby amended by adding the following text: “Articulation” Means the stepping out and/or recessing of a balcony, roof, awnings, columns, cornices or external wall of a building in plan and in section. “Building wall” Means a vertical surface that forms the exterior façade of a building. “Public school” Means a body of students enrolled in any elementary, secondary, or post-secondary courses of study in an educational institution operated by the Government of Ontario. “Private school” Means a body of students enrolled in any elementary, secondary, or post-secondary courses of study in an educational institution not operated by the Government of Ontario. “Roof feature” Means a distinct architectural element erected above the top storey and shall be provided for the purposes of enhancing the design of the buildings and may consist of an enclose any roof mounted mechanical equipment, mechanical penthouse or other similar elements. Notwithstanding section 4.7 of By-law No. 79-200, and except for any flagpoles, or other similar decorative roof features, and radio, telephone, television or telecommunication towers or antennae, no watertank, elevator, or other mechanical penthouse shall have a height greater than the roof feature. “Student” Means an individual registered in a public school or private school. “Student residence” Means a building or part thereof used for the housing of students within dwelling units that may consist of independent bedrooms, independent or shared washroom facilities, independent or shared kitchen and dining facilities and common indoor and outdoor amenity areas. Page 39 of 92 Page 73 of 611 Page 40 of 92 Page 74 of 611 Page 41 of 92 Page 75 of 611 Appendix 5: Recommended Zoning By-law Amendment Chart- Park Street Zone Regulation Existing CB4-1 Zone Regulation Existing CB4-1 Regulation New Zone Regulation New Regulation Reason Permitted Uses (Section 8.5.1) Permitted Uses The uses permitted in the CB4-1 zone. (a) The uses permitted in the CB4-1 zone. (b) Dwelling units, except entrances, lobby, and amenity area, may be located above the ground floor, and may be located on the ground floor to a maximum of 50% of the total ground floor area provided such dwelling units do not front onto the street. Dwelling units are permitted above grade and may be located on the ground floor to a maximum of 50% of the total ground floor area provided such dwelling units do not front onto the street in the new regulation. As residential use lobby and amenity area are public spaces, their location on the ground floor would provide an active use that would engage with the streetscape which is the goal of the plan area. Dwelling units may be provided up to one half of the total ground floor area as long as they do not front the street. This will maintain active uses along the street but will allow dwelling units to be located along the rear of Page 42 of 92Page 76 of 611 Appendix 5: Recommended Zoning By-law Amendment Chart- Park Street the property. This regulation was added following the open house to facilitate greater flexibility in the building design while maintaining the intent of the Secondary Plan area. Regulations (Section 8.5.2.D) For the purposes of this by-law Park Street is the front lot line As 3 sides are adjacent to public streets, specifying the front lot line establishes exterior side lot lines (Crysler Avenue and St. Clair Avenue) in advance of the building’s entrance being determined and establishes clarity to lot line interpretation. Minimum lot frontage 30 metres not applicable The minimum lot frontage is achieved. Minimum front yard depth (i) for any portion of a building with a height of 12 metres or less (ii) for any portion of a building with a height greater than 12 metres 3 metres, plus any applicable distance specified in section 4.27, where applicable 3 metres (i) For a building wall 15 storeys in height or less (ii) For a building wall greater than 15 storeys in height 0 metres plus any applicable distance specified in section 4.27 of By-law No. 79-200, where applicable, in accordance with clause 6 (a) of this by-law 0 metres and a minimum stepback of 2 metres for all storeys above the 4th storey Current urban design practice has buildings located in a Downtown core have a minimum 0 metre setback to create a consistent streetwall that is close to the street. Flexibility is provided for the building’s design to provide articulation for variety to the building’s form if a building wall is Page 43 of 92Page 77 of 611 Appendix 5: Recommended Zoning By-law Amendment Chart- Park Street plus any applicable distance specified in section 4.27 of By- law No. 79-200, where applicable less than 15 storeys in height. A stepback is required above the fourth storey when a building wall is greater than 15 storeys in height to provide a base that is at human-scale and to assist in shadow mitigation. Maximum front yard depth (i) for any portion of a building with a height of 12 metres or less (ii) for any portion of a building with a height greater than 12 metres 6 metres, plus any applicable distance specified in section 4.27, where applicable None (i) For a building wall 15 storeys in height or less (ii) For a building wall greater than 15 storeys in height 6 metres plus any applicable distance specified in section 4.27 of By-law No. 79-200, where applicable, in accordance with clause 6 (a) of this by-law 6 metres and a minimum stepback of 2 metres for all storeys above the 4th storey plus any applicable distance specified in section 4.27 of By- law No. 79-200, where applicable There is opportunity to increase the depth of the front yard to accommodate building design, outdoor patios, outdoor bicycle parking, etc, if desired to a maximum of 6 metres. Flexibility is provided for the building’s design to provide articulation for variety to the building’s form if a building wall is less than 15 storeys in height. A stepback is required above the fourth storey when a building wall is greater than 15 storeys in height to provide a base that is at human-scale and to Page 44 of 92Page 78 of 611 Appendix 5: Recommended Zoning By-law Amendment Chart- Park Street assist in shadow mitigation. Minimum rear yard depth 3 metres, plus any applicable distance specified in section 4.27, where applicable (i) For a building wall 15 storeys in height or less (ii) For a building wall greater than 15 storeys in height 7 metres, that includes the width of a right-of-way, in accordance with clause 6 (a) of this by-law 7 metres, that includes the width of a right-of-way, and a minimum stepback of 2 metres for all storeys above the 4th storey As the property will be abutting a rear lane, the minimum rear yard depth is measured from the abutting parcel and the width of the rear lane needs to be included in the required minimum rear yard depth. Flexibility is provided for the building’s design to provide articulation for variety to the building’s form if a building wall is less than 15 storeys in height. A stepback is required above the fourth storey when a building wall is greater than 15 storeys in height to provide a base that is at human-scale and to assist in shadow mitigation. Minimum interior side yard width (i) for any portion of a building with a height of 12 metres or less None (i) For a building wall 15 storeys in height or less 0 metres, in accordance with clause 6 (a) of this by-law Currently, there are no interior side yards. If a severance was to occur, the regulation is Page 45 of 92Page 79 of 611 Appendix 5: Recommended Zoning By-law Amendment Chart- Park Street (ii) for any portion of a building with a height greater than 12 metres 3 metres (ii) For a building wall greater than 15 storeys in height 0 metres and a minimum stepback of 2 metres for all storeys above the 4th storey consistent with the existing regulation. Flexibility is provided for the building’s design to provide articulation for variety to the building’s form if a building wall is less than 15 storeys in height. A stepback is required above the fourth storey when a building wall is greater than 15 storeys in height to provide a base that is at human-scale and to assist in shadow mitigation. Minimum exterior side yard width (i) for any portion of a building with a height of 12 metres or less (ii) for any portion of a building with a height greater than 12 metres 3 metres, plus any applicable distance specified in section 4.27, where applicable 3 metres (i) For a building wall 15 storeys in height or less 0 metres plus any applicable distance specified in section 4.27 of By-law No. 79-200, where applicable, in accordance with clause 6 (a) of this by-law 0 metres and a minimum stepback of 2 metres for all Current urban design practice has buildings located in a Downtown core have a minimum 0 metre setback to create a consistent streetwall that is close to the street. Flexibility is provided for the building’s design to provide articulation for Page 46 of 92Page 80 of 611 Appendix 5: Recommended Zoning By-law Amendment Chart- Park Street (ii) For a building wall greater than 15 storeys in height storeys above the 4th storey plus any applicable distance specified in section 4.27 of By- law No. 79-200, where applicable variety to the building’s form if a building wall is less than 15 storeys in height. A stepback is required above the fourth storey when a building wall is greater than 15 storeys in height to provide a base that is at human-scale and to assist in shadow mitigation. Maximum exterior side yard width (i) for any portion of a building with a height of 12 metres or less (ii) for any portion of a building with a height greater than 12 metres 6 metres, plus any applicable distance specified in section 4.27, where applicable None (i) For a building wall 15 storeys in height or less (ii) For a building wall greater than 15 storeys in height 6 metres plus any applicable distance specified in section 4.27 of By-law No. 79-200, where applicable, in accordance with clause 6 (a) of this by-law 6 metres and a minimum stepback of 2 metres for all storeys above the 4th storey plus any applicable distance specified in section 4.27 of By- law No. 79-200, where applicable There is opportunity to increase the depth of the front yard to accommodate building design, outdoor patios, outdoor bicycle parking, etc, if desired to a maximum of 6 metres. Flexibility is provided for the building’s design to provide articulation for variety to the building’s form if a building wall is less than 15 storeys in height. A stepback is required above the fourth storey when a building wall is greater than 15 storeys in height to provide a base that is at human-scale and to Page 47 of 92Page 81 of 611 Appendix 5: Recommended Zoning By-law Amendment Chart- Park Street assist in shadow mitigation. Maximum lot coverage 85% not applicable Current urban design practice in Downtown core developments result in the building occupying the majority of a parcel. By not applying a maximum lot coverage, there still remains the opportunity for landscape and parking areas. Minimum height of a building or structure 9 metres subject to section 4.7 not applicable A minimum height is not being established. Minimum building setback above 12 metres height 3 metres not applicable Stepbacks are being established in the yard regulations. Maximum height of a building or structure 33 metres 65 metres or 20 storeys, whichever is the lessor, subject to section 4.27 of By-law No. 79-200, which shall include a roof feature The maximum height is proposed to be increased as the parcel is in close proximity to the GO station and can accommodate taller buildings. Minimum number of parking spaces (i) For an apartment dwelling (ii) For all other uses 1 space/dwelling unit In accordance with Table 1 of section 4.19 and section 19.1.73 of By-law 79-200 not applicable The Planning Act does not permit municipalities to require parking in Protected Major Transit Station Areas. Loading area requirements In accordance with section 4.20.1 not applicable As the City cannot require a minimum number of Page 48 of 92Page 82 of 611 Appendix 5: Recommended Zoning By-law Amendment Chart- Park Street parking spaces, the loading area requirements will not be required. Loading will occur from City streets if not provided by the development on site. Bicycle parking requirements In accordance with section 4.39 (i) Apartment dwelling (ii) Non-residential uses 0.35 spaces/ dwelling unit Short-term bicycle parking for residential uses is not applicable In accordance with section 4.39 of By-law No. 79-200 Short-term bicycle parking for non-residential uses is not applicable The same regulation is being applied to apartment dwelling units as was approved by the Minister’s Zoning Order (MZO) on Queen Street. Short term bicycle parking spaces is not required as each unit will be required to meet the regulated rate. No changes are proposed for non-residential uses. Short term bicycle parking is not required as it is expected that the current rate for non-residential uses is sufficient to meet the needs of bicycle users. Minimum amenity area For apartment dwellings 10 square metres per dwelling unit Minimum amenity area for (i) Apartment dwelling Page 49 of 92Page 83 of 611 Appendix 5: Recommended Zoning By-law Amendment Chart- Park Street 10 square metres per dwelling unit The amount of amenity area remains consistent. Minimum density 50 units per hectare not applicable As it is expected that the minimum density will be exceeded with any development that provides residential use this regulation has been eliminated. Maximum building length 60 metres not applicable Current urban design practice in Downtown cores has the building occupy the majority of a parcel. The building may occupying the entire length of the parcel. Previously the maximum building length would have been established to provide driveway access to a surface or structured parking area which is no longer required. Minimum glazing For ground floor facades 60% Minimum transparent glazing for ground floor facades abutting public streets 50% of ground floor area, excluding loading area A slight reduction has been made to the minimum amount of glazing that will still result in the ability of pedestrians to see within 50% of the ground floor area for walls that abut sidewalks. It is recognized that loading Page 50 of 92Page 84 of 611 Appendix 5: Recommended Zoning By-law Amendment Chart- Park Street areas do not have glazing, which is why it is being excluded from the regulation. It is appropriate for transparent glazing to be present at the ground floor level of buildings that have frontage on public streets. Minimum ground floor height 4.5 metres 3 metres A 3 metre height is acceptable to accommodate office, commercial, institutional, residential amenity uses at grade. Minimum elevation for residential uses at grade 0.9 metres not applicable As no residential uses, other than amenity areas are permitted at grade abutting a street, this regulation is not required. Residential uses not abutting a street may be at grade. Minimum mechanical setback from edge of roof 3 metres Minimum stepback of enclosed/screened mechanical equipment and stairwell/elevator shaft 1 metre, measured from the edge of the roof A reduction to the minimum setback is appropriate as the items/structures are required to be enclosed/screened. The specification of the items/structures that are required to be enclosed or Page 51 of 92Page 85 of 611 Appendix 5: Recommended Zoning By-law Amendment Chart- Park Street screened are listed to provide clarity to the applicant. Maximum floor area for each retail store 930 square metres not applicable Removing this regulation allows for flexibility should large retail stores be proposed as tenants. Number of buildings on a lot More than one (1) building permitted In the event that more than 1 building is proposed on the lot, and it meets regulations, Staff offer no objection. Built Form Regulations (8.5.3) (a) For a building wall 15 storeys or less in height, the entire building wall must have at least one form of articulation at a minimum depth of 0.5 metres between the first and fourth storeys and between the fourth and fifteenth storeys. Requiring articulation between the first and fourth and the fourth and fifteenth storeys of building walls that are 15 storeys or less in height will create sections of the building and help to reduce the impact of its massing on the pedestrian experience. (b) Exterior ground floor building walls must: Entrances are required for each non-residential occupancy and at least Page 52 of 92Page 86 of 611 Appendix 5: Recommended Zoning By-law Amendment Chart- Park Street i. Provide a minimum of one active entrance from each individual occupancy to the front lot line or exterior side lot line for non-residential uses. ii. Provide a minimum of one active entrance to the front lot line or exterior side lot line in the case of a residential use. one for residential use from either the front lot line or exterior side lot line to provide direct access to the street which is in keeping with best urban design practice. (c) Surface parking areas: i. Shall be located at the rear of the building. ii. Are not permitted in a yard between the street line and the building elevation facing the street. Surface parking is to be at the rear of the property and is not permitted in a yard between the street line and the building elevation facing the street. This creates a positive interface with the street. (c ) Notwithstanding section 8.5.2.B, 8.2.5.C, 8.5.2.D, 8.5.2.E and 8.2.5.F a minimum setback of 6 metres shall be required for that portion of a building providing an access driveway to a parking area. (d) Driveways: i. Where a rear lane abuts the lot, at least one driveway access shall be from the rear lane. ii. Where a rear lane does not abut the lot, one driveway may comprise part of the exterior side yard. Driveways are to be from rear lanes where they exist otherwise driveways are to be from the exterior side lot line. Page 53 of 92Page 87 of 611 Appendix 5: Recommended Zoning By-law Amendment Chart- Park Street (e) On a lot with apartment dwellings, parking spaces and drive aisles within a building shall not be located on the ground floor of such building. (f) Despite subsection (e), parking spaces and drive aisles may be located on the ground floor of a building where: (i) The ground floor of the building has one or more permitted uses other than a parking lot that abut the street line façade; and, (ii) Parking spaces and drive aisles are located entirely behind the area on the ground floor devoted to the permitted uses in Subsection (i) for the entire length of the street line (e) Structure parking areas: i. Shall be fronted by permitted uses listed in Section 8.5.1 of By-law No. 79-200 abutting the front lot line, save and except a parking lot. This maintains the intent of the regulation that active uses are to front public streets. Page 54 of 92Page 88 of 611 Appendix 5: Recommended Zoning By-law Amendment Chart- Park Street façade, except for access. (f) Merchandise for retail sale is permitted to be displayed outdoors as long as it is not stored in a truck, trailer, or other vehicle. This will allow retail stores to display products for sale outdoors as long as they aren’t stored in a truck, trailer, or other vehicle. (g) Waste storage: i. Shall be located in the interior side or rear yard only. ii. Shall be screened from view by an opaque screen/fence with a minimum height of 1.8 metres. iii. (g) i. and ii. is not required if an in-ground refuse container is provided. This specifies waste bins must be located away from public streets and be screened with a fence unless they are buried under ground to provide an attractive waste storage location. (h) Soft landscaping is required for any area not covered by: surface parking area, driveway, walkways, waste storage, or accessory structures. This will require the planting of trees, shrubs, or flowers/grass on surfaces not covered by building, concrete sidewalks or asphalt driveways/parking areas. (a) The minimum width of the ground floor façade shall be a minimum of 75% of Not included This regulation is not required as building length is not needed. Page 55 of 92Page 89 of 611 Appendix 5: Recommended Zoning By-law Amendment Chart- Park Street the measurement of the front lot line (b) Signage and opaque/spandrel glazing shall not be included in the calculation for minimum glazing Not included The regulation for glazing includes the term transparent which addresses this regulation. (d) Notwithstanding subsection 4.14 (c) open balconies not covered by a roof or canopy shall not project into any required yard. Not included Subsection 4.14 (c ) would be applicable. Definitions (New) “Active entrance” means a door that is clearly intended and designed to be the principal entrance or one of the principal entrances to the building. “Articulation” means the stepping out and/or recessing of a balcony, roof, awnings, columns, cornices or external wall of a building in plan and in section. “Building wall” means a vertical surface that forms the exterior façade of a building. “Façade” means the exterior of the building exposed to public view. “Glazing” means the fitting or furnishing of a building façade with glass. Page 56 of 92Page 90 of 611 Appendix 5: Recommended Zoning By-law Amendment Chart- Park Street “Hardscaping” Means the foundation and shape of the yard and includes permanent features such as walkways, paved surface areas, and walls/fences. “Soft landscaping” means vegetative materials used to improve the aesthetics of the yard. “Roof feature” means a distinct architectural element providing a minimum height of 1 metre erected above the top storey and shall be provided for the purposes of enhancing the design of the buildings and may consist of an enclose any roof mounted mechanical equipment, mechanical penthouse or other similar elements. Notwithstanding section 4.7 of By-law No. 79-200, and except for any flagpoles, or other similar decorative roof features, and radio, telephone, television or telecommunication towers or antennae, no watertank, elevator, or other mechanical penthouse shall have a height greater than the roof feature. Page 57 of 92Page 91 of 611 Appendix 6: Recommended Zoning By-law Amendment Chart- Queen Street Zone Regulation Existing CB2 Zone Regulation Existing CB2 Regulation New Zone Regulation New Regulation Reason Permitted Uses (Section 8.5.1) Permitted Uses The uses permitted in the CB2 zone. (a) The uses permitted in the CB2 zone. (b) Public school. (c) Private school. (d) Dwelling units are only permitted in a building in combination with one or more of the uses listed in Section 8.5.1 of By-law No. 79-200 and further provided that such dwelling units, except entrances, lobby, and amenity area, are located above the ground floor. (e) Student residence is only permitted in a building in combination with one or more of the uses listed in Section 8.5.1 of By-law No. To clarify that public and private school are permitted uses they are being added. They are currently permitted in the CB2 zone as a public use. Dwelling units are only permitted above grade. As residential use lobby and amenity area are public spaces, their location on the ground floor would provide an active use that would engage with the streetscape which is the goal of the Secondary Plan area. Note: Dwelling units are currently not permitted at grade along Queen Street in the CB2 zone. Student residence is not a permitted use in the zoning by-law. As public and private school is being added as a permitted use, and to Page 58 of 92Page 92 of 611 Appendix 6: Recommended Zoning By-law Amendment Chart- Queen Street 79-200 and further provided that such student residence, except entrances, lobby, and amenity area, are located above the ground floor. accommodate students, student residence is being added as a permitted use. Student residence (such as individual rooms or apartments) are not permitted at grade similar to dwelling units. As student residence lobby and amenity area are public spaces, their location on the ground floor would provide an active use that would engage with the streetscape. Regulations (Section 8.5.2.B) Minimum lot frontage 15 metres not applicable The minimum lot frontage is achieved. Minimum front yard depth (i) for any portion of a building with a height of 12 metres or less (ii) for any portion of a building with a height greater than 12 metres 3 metres, plus any applicable distance specified in section 4.27, where applicable 6 metres (i) For a building wall 15 storeys in height or less (ii) For a building wall greater than 15 storeys in height 0 metres plus any applicable distance specified in section 4.27 of By-law No. 79-200, where applicable, in accordance with clause 6 (a) of this by-law 0 metres and a minimum stepback of 2 metres for all storeys above the 4th storey plus any applicable distance specified in section 4.27 of By- Current urban design practice has buildings located in a Downtown core have a minimum 0 metre setback to create a consistent streetwall that is close to the street. Flexibility is provided for the building’s design to provide articulation for variety to the building’s form if a building wall is less than 15 storeys in height. A stepback is Page 59 of 92Page 93 of 611 Appendix 6: Recommended Zoning By-law Amendment Chart- Queen Street law No. 79-200, where applicable required above the fourth storey when a building wall is greater than 15 storeys in height to provide a base that is at human-scale and to assist in shadow mitigation. Maximum front yard depth (i) for any portion of a building with a height of 12 metres or less (ii) for any portion of a building with a height greater than 12 metres 6 metres, plus any applicable distance specified in section 4.27, where applicable None (i) For a building wall 15 storeys in height or less (ii) For a building wall greater than 15 storeys in height 6 metres plus any applicable distance specified in section 4.27 of By-law No. 79-200, where applicable, in accordance with clause 6 (a) of this by-law 6 metres and a minimum stepback of 2 metres for all storeys above the 4th storey plus any applicable distance specified in section 4.27 of By- law No. 79-200, where applicable There is opportunity to increase the depth of the front yard to accommodate building design, outdoor patios, outdoor bicycle parking, etc, if desired to a maximum of 6 metres. Flexibility is provided for the building’s design to provide articulation for variety to the building’s form if a building wall is less than 15 storeys in height. A stepback is required above the fourth storey when a building wall is greater than 15 storeys in height to provide a base that is at human-scale and to assist in shadow mitigation. Page 60 of 92Page 94 of 611 Appendix 6: Recommended Zoning By-law Amendment Chart- Queen Street Minimum rear yard depth 3 metres, plus any applicable distance specified in section 4.27, where applicable (i) For a building wall 15 storeys in height or less (ii) For a building wall greater than 15 storeys in height 7.5 metres, in accordance with clause 6 (a) of this by-law 7.5 metres and a minimum stepback of 2 metres for all storeys above the 4th storey As the property abuts a listed property on the City’s Municipal Heritage Register, the minimum rear yard depth has been increased from 3 metres to provide a greater separation between the new development and the heritage property. A heritage impact assessment will be required to be submitted with the site plan application—should the recommendations of the assessment require a greater setback one may be provided. Flexibility is provided for the building’s design to provide articulation for variety to the building’s form if a building wall is less than 15 storeys in height. A stepback is required above the fourth storey when a building wall is greater than 15 storeys in height to provide a base that is at human-scale and to Page 61 of 92Page 95 of 611 Appendix 6: Recommended Zoning By-law Amendment Chart- Queen Street assist in shadow mitigation. Minimum interior side yard width None Abutting land used for open space/park (i) For a building wall 15 storeys in height or less (ii) For a building wall greater than 15 storeys in height 0 metres, in accordance with clause 6 (a) of this by-law 0 metres and a minimum stepback of 2 metres for all storeys above the 4th storey Abutting land used for open space/park A 0 metre setback is appropriate where the building abuts land used for open space/park as the park provides separation between the parcel and neighbouring built structures. Flexibility is provided for the building’s design to provide articulation for variety to the building’s form if a building wall is less than 15 storeys in height. A stepback is required above the fourth storey when a building wall is greater than 15 storeys in height to provide a base that is at human-scale and to assist in shadow mitigation. Page 62 of 92Page 96 of 611 Appendix 6: Recommended Zoning By-law Amendment Chart- Queen Street Abutting land used for all other uses (i) For a building wall 15 storeys in height or less (ii) For a building wall greater than 15 storeys in height 3 metres, in accordance with clause 6 (a) of this by-law 3 metres and a minimum stepback of 2 metres for all storeys above the 4th storey Abutting land used for all other uses There are lot lines that are classified as interior lot lines due to the definitions in the Zoning By-law but function as a rear lot line. The required rear lot line setback is 3 metres. To maintain separation from the existing abutting detached dwellings rear yards and to be consistent with separation distances between the rear of buildings along Queen Street should the abutting properties redevelop for commercial uses in the future, an appropriate setback has been established. Flexibility is provided for the building’s design to provide articulation for variety to the building’s form if the building is less than 15 storeys in height. A stepback is required above the fourth storey when the building wall is greater than 15 storeys in height to provide a base Page 63 of 92Page 97 of 611 Appendix 6: Recommended Zoning By-law Amendment Chart- Queen Street that is at human-scale and to assist in shadow mitigation. Minimum exterior side yard width (i) for any portion of a building with a height of 12 metres or less (ii) for any portion of a building with a height greater than 12 metres 3 metres, plus any applicable distance specified in section 4.27, where applicable 6 metres (i) For a building wall 15 storeys in height or less (ii) For a building wall greater than 15 storeys in height 0 metres plus any applicable distance specified in section 4.27 of By-law No. 79-200, where applicable, in accordance with clause 6 (a) of this by-law. 0 metres and a minimum stepback of 2 metres for all storeys above the 4th storey plus any applicable distance specified in section 4.27 of By- law No. 79-200, where applicable Current urban design practice has buildings located in a Downtown core have a minimum 0 metre setback to create a consistent streetwall that is close to the street. Flexibility is provided for the building’s design to provide articulation for variety to the building’s form if the building is less than 15 storeys in height. A stepback is required above the fourth storey when the building wall is greater than 15 storeys in height to provide a base that is at human-scale and to assist in shadow mitigation. Maximum exterior side yard width (i) for any portion of a building with a height of 12 metres or less (ii) for any portion of a building with a height greater than 12 metres 6 metres, plus any applicable distance specified in section 4.27, where applicable None (i) For a building wall 15 storeys in height or less 6 metres plus any applicable distance specified in section 4.27 of By-law No. 79-200, where applicable, in accordance with clause 6 (a) of this by-law There is opportunity to increase the depth of the front yard to accommodate building design, outdoor patios, outdoor bicycle parking, etc, if desired to a maximum of 6 metres. Page 64 of 92Page 98 of 611 Appendix 6: Recommended Zoning By-law Amendment Chart- Queen Street (ii) For a building wall greater than 15 storeys in height 6 metres and a minimum stepback of 2 metres for all storeys above the 4th storey plus any applicable distance specified in section 4.27 of By- law No. 79-200, where applicable Flexibility is provided for the building’s design to provide articulation for variety to the building’s form if a building wall is less than 15 storeys in height. A stepback is required above the fourth storey when a building wall is greater than 15 storeys in height to provide a base that is at human-scale and to assist in shadow mitigation. Maximum lot coverage 85% not applicable Current urban design practice in Downtown core developments result in the building occupying the majority of a parcel. By not applying a maximum lot coverage, there still remains the opportunity for landscape and parking areas. Maximum height of a building or structure 20 metres subject to section 4.7 70 metres or 20 storeys, whichever is the lessor, subject to section 4.27 of By-law No. 79-200, which shall include a roof feature The maximum height is proposed to be increased as the parcel is in close proximity to the GO station and can accommodate taller Page 65 of 92Page 99 of 611 Appendix 6: Recommended Zoning By-law Amendment Chart- Queen Street buildings. In addition, it is across from the Ministry Zoning Order (MZO) approved land that has permissions for a building with a maximum height of 132.5 metres (40 storeys). Additional height for the first 4 storeys (greater than the typical 3 metre height per storey) has been allocated for office, commercial, or institutional uses as they typically have a greater ceiling height than residential uses. Minimum number of parking spaces (i) For an apartment dwelling (ii) For all other uses 0 space/dwelling unit In accordance with Table 1 of section 4.19 and section 19.1.73 of By-law 79-200 not applicable The Planning Act does not permit municipalities to require parking in Protected Major Transit Station Areas. Loading area requirements In accordance with section 4.20.1 not applicable As the City cannot require a minimum number of parking spaces, the loading area requirements will not be required. Loading will occur from City streets if not provided by the development on site. Bicycle parking requirements In accordance with section 4.39 (i) Apartment dwelling 0.35 spaces/ dwelling unit The same regulation is being applied to Page 66 of 92Page 100 of 611 Appendix 6: Recommended Zoning By-law Amendment Chart- Queen Street (ii) Student residence (iii) Non-residential uses 0.35 spaces/ unit Short-term bicycle parking for residential uses is not applicable In accordance with section 4.39 of By-law No. 79-200 Short-term bicycle parking for non-residential uses is not applicable apartment dwelling units and student residence units as was approved by the MZO for the parcel across the street. Short term bicycle parking spaces is not required as each unit will be required to meet the regulated rate. No changes are proposed for non-residential uses. Short term bicycle parking is not required as it is expected that the current rate for non-residential uses is sufficient to meet the needs of bicycle users. Minimum amenity area For apartment dwellings 20 square metres per dwelling unit Minimum amenity area for (i) Apartment dwelling (ii) Student residence 10 square metres per dwelling unit 10 square metres per unit The amount of amenity area required for apartment dwelling and student residence units has been reduced to match the existing regulation of the Park Street parcel. Page 67 of 92Page 101 of 611 Appendix 6: Recommended Zoning By-law Amendment Chart- Queen Street Minimum density 50 units per hectare not applicable As it is expected that the minimum density will be exceeded with any development that provides residential/student residential use this regulation has been eliminated. Maximum building length 60 metres not applicable Current urban design practice in Downtown cores has the building occupying the majority of a parcel. The building may occupy the entire length of the parcel. Previously the maximum building length would have been established to provide driveway access to a surface or structured parking area which is no longer required. Minimum glazing For ground floor facades on Queen Street 60% Minimum transparent glazing for ground floor facades abutting public streets and facades abutting open space/park uses 50% of ground floor area, excluding loading area A slight reduction has been made to the minimum amount of glazing that will still result in the ability of pedestrians and park users to see within 50% of the ground floor area for walls that abut the park or sidewalks. It is recognized that loading areas do not have Page 68 of 92Page 102 of 611 Appendix 6: Recommended Zoning By-law Amendment Chart- Queen Street glazing, which is why it is being excluded from the regulation. It is appropriate for transparent glazing to be present at the ground floor level of buildings that have frontage on public streets and open space/parks. Minimum ground floor height 4.5 metres 3 metres A 3 metre height is acceptable to accommodate office, commercial, institutional, residential amenity/student residence amenity uses at grade. Minimum elevation for residential uses at grade 0.9 metres not applicable As no residential uses, other than amenity areas are permitted at grade, this regulation is not required. Minimum mechanical setback from edge of roof 3 metres Minimum stepback of enclosed/screened mechanical equipment and stairwell/elevator shaft 1 metre, measured from the edge of the roof A reduction to the minimum setback is appropriate as the items/structures are required to be enclosed/screened. The specification of the items/structures that are required to be enclosed or screened are listed to Page 69 of 92Page 103 of 611 Appendix 6: Recommended Zoning By-law Amendment Chart- Queen Street provide clarity to the applicant. Maximum floor area for each retail store 930 square metres not applicable Removing this regulation allows for flexibility should large retail stores be proposed as tenants. Number of buildings on a lot More than one (1) building permitted In the event that more than 1 building is proposed on the lot, and it meets regulations, Staff offer no objection. Built Form Regulations (8.5.3) (a) For a building wall 15 storeys or less in height, the entire building wall must have at least one form of articulation at a minimum depth of 0.5 metres between the first and fourth storeys and between the fourth and fifteenth storeys. Requiring articulation between the first and fourth and the fourth and fifteenth storeys for a building wall 15 storeys or less in height will create sections of the building and help to reduce the impact of its massing on the pedestrian experience. (b) Exterior ground floor building walls must: i. Provide a minimum of one active entrance from each individual occupancy to the front lot Entrances are required for each non-residential occupancy and at least one for residential/student residence use from either the front lot line or exterior Page 70 of 92Page 104 of 611 Appendix 6: Recommended Zoning By-law Amendment Chart- Queen Street line or exterior side lot line for non-residential uses. ii. Provide a minimum of one active entrance to the front lot line or exterior side lot line in the case of a residential or student residence use. side lot line to provide direct access to the street which is in keeping with best urban design practice. (c) Surface parking areas: i. Shall be located at the rear of the building. ii. Are not permitted in a yard between the street line and the building elevation facing the street. Surface parking is to be at the rear of the property. This creates a positive interface with the street. (c ) Notwithstanding section 8.5.2.B, 8.2.5.C, 8.5.2.D, 8.5.2.E and 8.2.5.F a minimum setback of 6 metres shall be required for that portion of a building providing an access driveway to a parking area. (d) Driveways: i. Where a rear lane abuts the lot, at least one driveway access shall be from the rear lane. ii. Where a rear lane does not abut the lot, one driveway may comprise part of the exterior side yard. Driveways are to be from rear lanes where they exist otherwise driveways are to be from the exterior side lot line. (e) On a lot with apartment dwellings, parking spaces and drive aisles within a (e) Structure parking areas: i. Shall be fronted by permitted uses listed in Section 8.5.1 of By-law This maintains the intent of the regulation that active uses are to front public streets. Page 71 of 92Page 105 of 611 Appendix 6: Recommended Zoning By-law Amendment Chart- Queen Street building shall not be located on the ground floor of such building. (f) Despite subsection (e), parking spaces and drive aisles may be located on the ground floor of a building where: (i) The ground floor of the building has one or more permitted uses other than a parking lot that abut the street line façade; and, (ii) Parking spaces and drive aisles are located entirely behind the area on the ground floor devoted to the permitted uses in Subsection (i) for the entire length of the street line façade, except for access. No. 79-200 abutting the front lot line, save and except a parking lot. Page 72 of 92Page 106 of 611 Appendix 6: Recommended Zoning By-law Amendment Chart- Queen Street (f) Merchandise for retail sale is permitted to be displayed outdoors as long as it is not stored in a truck, trailer, or other vehicle. This will allow retail stores to display products for sale outdoors as long as they aren’t stored in a truck, trailer, or other vehicle. (g) Waste storage: i. Shall be located in the interior side or rear yard only. ii. Shall be screened from view by an opaque screen/fence with a minimum height of 1.8 metres. iii. (g) i. and ii. is not required if an in-ground refuse container is provided. This specifies waste bins must be located away from public streets and be screened with a fence unless they are buried under ground to provide an attractive waste storage location. (h) Soft landscaping is required for any area not covered by: surface parking area, driveway, walkways, waste storage, or accessory structures. This will require the planting of trees, shrubs, or flowers/grass on surfaces not covered by building, concrete sidewalks or asphalt driveways/parking areas. (a) The minimum width of the ground floor façade shall be a minimum of 75% of the measurement of the front lot line Not included This regulation is not required as building length is not needed. Page 73 of 92Page 107 of 611 Appendix 6: Recommended Zoning By-law Amendment Chart- Queen Street (b) Signage and opaque/spandrel glazing shall not be included in the calculation for minimum glazing Not included The regulation for glazing includes the term transparent which addresses this regulation. (d) Notwithstanding subsection 4.14 (c) open balconies not covered by a roof or canopy shall not project into any required yard. Not included Subsection 4.14 (c ) would be applicable. Definitions (New) “Active entrance” means a door that is clearly intended and designed to be the principal entrance or one of the principal entrances to the building. “Articulation” means the stepping out and/or recessing of a balcony, roof, awnings, columns, cornices or external wall of a building in plan and in section. “Building wall” means a vertical surface that forms the exterior façade of a building. “Façade” means the exterior of the building exposed to public view. “Glazing” means the fitting or furnishing of a building façade with glass. “Hardscaping” Means the foundation and shape of the yard and includes permanent features such as Page 74 of 92Page 108 of 611 Appendix 6: Recommended Zoning By-law Amendment Chart- Queen Street walkways, paved surface areas, and walls/fences. “Public school” means a body of pupils enrolled in any elementary, secondary, or post-secondary courses of study in an educational institution operated by the Government of Ontario. “Private school” means a body of pupils enrolled in any elementary, secondary, or post-secondary courses of study in an educational institution not operated by the Government of Ontario. “Soft landscaping” means vegetative materials used to improve the aesthetics of the yard. “Student” means an individual registered in a public school or private school. “Student residence” means a building or part of a building used for the housing of students within dwelling units that may consist of independent bedrooms, independent or shared washroom facilities, with independent or shared kitchen and dining facilities and Page 75 of 92Page 109 of 611 Appendix 6: Recommended Zoning By-law Amendment Chart- Queen Street common indoor and outdoor amenity areas. “Roof feature” means a distinct architectural element providing a minimum height of 1 metre erected above the top storey and shall be provided for the purposes of enhancing the design of the buildings and may consist of an enclose any roof mounted mechanical equipment, mechanical penthouse or other similar elements. Notwithstanding section 4.7 of By-law No. 79-200, and except for any flagpoles, or other similar decorative roof features, and radio, telephone, television or telecommunication towers or antennae, no watertank, elevator, or other mechanical penthouse shall have a height greater than the roof feature. By-law 79-200 SECTION 4- TABLE 1 Queen Street from Victoria Avenue to River Road Column D Minimum Distance from Centreline of Original Road Allowance 11.5 metres 10 metres Municipal Works has assessed and determined the required right of way for Queen Street may be reduced. The new requirement will be applicable to the entirety of the street, not Page 76 of 92Page 110 of 611 Appendix 6: Recommended Zoning By-law Amendment Chart- Queen Street just the portion that abuts the subject land. Page 77 of 92Page 111 of 611 CITY OF NIAGARA FALLS By-law No. 2025- 0XX A by-law to amend By-law No. 79-200, to permit the use of the Lands for a 20 storey residential use development (AM-2024-036). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by-law are described in Schedule 1 of this by-law and shall be referred to in this by-law as the “Lands”. Schedule 1 is a part of this by-law. 2. The purpose of this by-law is to amend the provisions of By-law No. 79-200, to permit the use of the Lands in a manner that would otherwise be prohibited by that by-law. In the case of any conflict between a specific provision of this by-law and any existing provision of By-law No. 79-200, the provisions of this by-law are to prevail. 3. Notwithstanding any provision of By-law No. 79-200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 4. The permitted uses shall be: (a) The uses permitted in the CB4 zone (b) Dwelling units, except entrances, lobby, amenity area, may be located above the ground floor, and may be located on the ground floor to a maximum of 50% of the total ground floor area provided such dwelling units do not front onto the street. 5. Despite the regulations listed in section 8.5.2.D of By-law No. 79-200, the regulations governing the permitted uses shall be: (a) For the purposes of this by-law Park Street is the front lot line. (b) Minimum lot frontage not applicable (c) Minimum front yard depth (i) For a building wall 15 storeys in height or less 0 metres plus any applicable distance specified in section 4.27 of By-law No. 79-200, where applicable, in accordance with clause 6 (a) of this by-law (ii) For a building wall greater than 15 storeys in height 0 metres and a minimum stepback of 2 metres for all Page 78 of 92 Page 112 of 611 2 storeys above the 4th storey plus any applicable distance specified in section 4.27 of By-law No. 79-200, where applicable (d) Maximum front yard depth (i) For a building wall 15 storeys in height or less 6 metres plus any applicable distance specified in section 4.27 of By-law No. 79-200, where applicable, in accordance with clause 6 (a) of this by-law (ii) For a building wall greater than 15 storeys in height 6 metres and a minimum stepback of 2 metres for all storeys above the 4th storey plus any applicable distance specified in section 4.27 of By-law No. 79-200, where applicable (e) Minimum rear yard depth (i) For a building wall 15 storeys in height or less 7 metres, that includes the width of a right-of-way, in accordance with clause 6 (a) of this by-law (ii) For a building wall greater than 15 storeys in height 7 metres, that includes the width of a right-of-way, and a minimum stepback of 2 metres for all storeys above the 4th storey (f) Minimum interior side yard width (i) For a building wall 15 storeys in height or less 0 metres, in accordance with clause 6 (a) of this by-law (ii) For a building wall greater than 15 storeys 0 metres and a minimum stepback of 2 metres for all storeys above the 4th storey (g) Minimum exterior side yard width (i) For a building wall 15 storeys in height or less 0 metres plus any applicable distance specified in section 4.27 of By-law No. 79-200, where applicable, in Page 79 of 92 Page 113 of 611 3 accordance with clause 6 (a) of this by-law (ii) For a building wall greater than 15 storeys in height 0 metres and a minimum stepback of 2 metres for all storeys above the 4th storey plus any applicable distance specified in section 4.27 of By-law No. 79-200, where applicable (h) Maximum exterior side yard width (i) For a building wall 15 storeys in height or less 6 metres plus any applicable distance specified in section 4.27 of By-law No. 79-200, where applicable, in accordance with clause 6 (a) of this by-law (ii) For a building wall greater than 15 storeys in height 6 metres and a minimum stepback of 2 metres for all storeys above the 4th storey plus any applicable distance specified in section 4.27 of By-law No. 79-200, where applicable (i) Maximum lot coverage not applicable (j) Minimum height of a building or structure not applicable (k) Minimum building setback above 12 metres height not applicable (l) Maximum height of a building or structure 65 metres or 20 storeys, whichever is less, subject to section 4.7 of By-law No. 79- 200, which shall include a roof feature (m) Minimum number of parking spaces not applicable (n) Loading area requirements not applicable (o) Bicycle parking requirements (i) Apartment dwelling 0.35 spaces/dwelling unit Page 80 of 92 Page 114 of 611 4 (ii) Non-residential uses Short-term bicycle parking for residential uses is not applicable In accordance with section 4.39 of By-law No. 79-200 Short-term bicycle parking for non-residential uses is not applicable (p) Minimum amenity area for (i) Apartment dwelling 10 square metres per dwelling unit (q) Minimum density not applicable (r) Maximum building length not applicable (s) Minimum transparent glazing for ground floor facades abutting public streets 50% of ground floor area, excluding loading area (t) Minimum ground floor height 3 metres (u) Minimum elevation for residential uses at grade not applicable (v) Minimum stepback of enclosed/screened mechanical equipment and stairwell/elevator shaft 1 metre, measured from the edge of the roof (w) Maximum floor area for each retail store not applicable (x) Number of buildings on a lot More than one (1) building permitted 6. Despite the regulations listed in section 8.5.3 of By-law No. 79-200, the following built form regulations shall apply to the Lands zoned CB4-1273: (a) For a building wall 15 storeys or less in height, the entire building wall must have at least one form of articulation at a minimum depth of 0.5 metres between the first and fourth storeys and between the fourth and fifteenth storeys. (b) Exterior ground floor building walls must: Page 81 of 92 Page 115 of 611 5 i. Provide a minimum of one active entrance from each individual occupancy to the front lot line or exterior side lot line for non- residential uses. ii. Provide a minimum of one active entrance to the front lot line or exterior side lot line in the case of a residential use. (c) Surface parking areas: i. Shall be located at the rear of the building. ii. Are not permitted in a yard between the street line and the building elevation facing the street. (d) Driveways: i. Where a rear lane abuts the lot, at least one driveway access shall be from the rear lane. ii. Where a rear lane does not abut the lot, one driveway may comprise part of the exterior side yard. (e) Structure parking areas: i. Shall be fronted by permitted uses listed in Section 8.5.1 of By-law No. 79-200 abutting the front lot line, save and except a parking lot. (f) Merchandise for retail sale is permitted to be displayed outdoors as long as it is not stored in a truck, trailer, or other vehicle. (g) Waste storage: i. Shall be located in the interior side or rear yard only. ii. Shall be screened from view by an opaque screen/fence with a minimum height of 1.8 metres. iii. (g) i. and ii. is not required if an in-ground refuse container is provided. (h) Soft landscaping is required for any area not covered by: surface parking area, driveway, walkways, waste storage, or accessory structures. 7. For the purposes of this by-law: “Active entrance” means a door that is clearly intended and designed to be the principal entrance or one of the principal entrances to the building. “Articulation” means the stepping out and/or recessing of a balcony, roof, awnings, columns, cornices or external wall of a building in plan and in section. “Building wall” means a vertical surface that forms the exterior façade of a building. “Façade” means the exterior of the building exposed to public view. “Glazing” means the fitting or furnishing of a building façade with glass. “Hardscaping” means the foundation and shape of the yard and includes permanent features such as walkways, paved surface areas, and walls/fences. “Soft landscaping” means vegetative materials used to improve the aesthetics of the yard. “Roof feature” means a distinct architectural element providing a minimum height of 1 metre erected above the top storey and shall be provided for the purposes of Page 82 of 92 Page 116 of 611 6 enhancing the design of the buildings and may enclose any roof mounted mechanical equipment, mechanical penthouse or other similar elements. Notwithstanding section 4.7 of By-law No. 79-200, and except for any flagpoles, or other similar decorative roof features, and radio, telephone, television or telecommunication towers or antennae, no watertank, elevator, or other mechanical penthouse shall have a height greater than the roof feature. 8. 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. 9. No person shall use the Lands for a use that is not a permitted use. 10. No person shall use the Lands in a manner that is contrary to the regulations. 11. The provisions of this by-law shall be shown on Sheet D3 of Schedule “A” to By-Law No. 79-200 by redesignating the Lands from CB4- and numbered 1 to CB4- and numbered 1273. 12. Section 19 of By-law No. 79-200 is amended by adding thereto: 19.1.1273 Refer to By-law No. 2025-XXX. Read a First, Second and Third time; passed, signed and sealed in open Council this XXth day of January, 2025. ....................................................................... ...................................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 83 of 92 Page 117 of 611 Page 84 of 92 Page 118 of 611 CITY OF NIAGARA FALLS By-law No. 2025- 0XX A by-law to amend By-law No. 79-200, to permit the use of the Lands for a 20 storey mixed use development (AM-2024-036) THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by-law are described in Schedule 1 of this by-law and shall be referred to in this by-law as the “Lands”. Schedule 1 is a part of this by-law. 2. The purpose of this by-law is to amend the provisions of By-law No. 79-200, to permit the use of the Lands in a manner that would otherwise be prohibited by that by-law. In the case of any conflict between a specific provision of this by-law and any existing provision of By-law No. 79-200, the provisions of this by-law are to prevail. 3. Notwithstanding any provision of By-law No. 79-200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 4. The permitted uses shall be: (a) The uses permitted in the CB2 zone (b) Public school (c) Private school (d) Dwelling units are only permitted in a building in combination with one or more of the uses listed in Section 8.5.1 of By-law No. 79-200 and further provided that such dwelling units, except entrances, lobby, and amenity area, are located above the ground floor. (e) Student residence is only permitted in a building in combination with one or more of the uses listed in Section 8.5.1 of By-law No. 79-200 and further provided that such student residence, except entrances, lobby, and amenity area, are located above the ground floor. 5. Despite the regulations listed in section 8.5.2.B of By-law No. 79-200, the regulations governing the permitted uses shall be: (a) Minimum lot frontage not applicable (b) Minimum front yard depth (i) For a building wall 15 storeys in height or less 0 metres plus any applicable distance specified in section 4.27 of By-law No. 79-200, where applicable, in accordance Page 85 of 92 Page 119 of 611 2 with clause 6 (a) of this by- law (ii) For a building wall greater than 15 storeys in height 0 metres and a minimum stepback of 2 metres for all storeys above the 4th storey plus any applicable distance specified in section 4.27 of By-law No. 79-200, where applicable (c) Maximum front yard depth (i) For a building wall 15 storeys in height or less 6 metres plus any applicable distance specified in section 4.27 of By-law No. 79-200, where applicable, in accordance with clause 6 (a) of this by- law (ii) For a building wall greater than 15 storeys in height 6 metres and a minimum stepback of 2 metres for all storeys above the 4th storey plus any applicable distance specified in section 4.27 of By-law No. 79-200, where applicable (d) Minimum rear yard depth (i) For a building wall 15 storeys in height or less 7.5 metres, in accordance with clause 6 (a) of this by- law (ii) For a building wall greater than 15 storeys in height 7.5 metres and a minimum stepback of 2 metres for all storeys above the 4th storey (e) Minimum interior side yard width Abutting land used for open space/park (i) For a building wall 15 storeys in height or less 0 metres, in accordance with clause 6 (a) of this by- law (ii) For a building wall greater than 15 storeys 0 metres and a minimum stepback of 2 metres for all Page 86 of 92 Page 120 of 611 3 Abutting land used for all other uses storeys above the 4th storey (i) For a building wall 15 storeys in height or less 3 metres, in accordance with clause 6 (a) of this by- law (ii) For a building wall greater than 15 storeys 3 metres and a minimum stepback of 2 metres for all storeys above the 4th storey (f) Minimum exterior side yard width (i) For a building wall 15 storeys in height or less 0 metres plus any applicable distance specified in section 4.27 of By-law No. 79-200, where applicable, in accordance with clause 6 (a) of this by- law (ii) For a building wall greater than 15 storeys in height 0 metres and a minimum stepback of 2 metres for all storeys above the 4th storey plus any applicable distance specified in section 4.27 of By-law No. 79-200, where applicable (g) Maximum exterior side yard width (i) For a building wall 15 storeys in height or less 6 metres plus any applicable distance specified in section 4.27 of By-law No. 79-200, where applicable, in accordance with clause 6 (a) of this by- law (ii) For a building wall greater than 15 storeys in height 6 metres and a minimum stepback of 2 metres for all storeys above the 4th storey plus any applicable distance specified in section 4.27 of By-law No. 79-200, where applicable Page 87 of 92 Page 121 of 611 4 (h) Maximum lot coverage not applicable (i) Maximum height of a building or structure 70 metres or 20 storeys, whichever is less, subject to section 4.7 of By-law No. 79-200, which shall include a roof feature (j) Minimum number of parking spaces not applicable (k) Loading area requirements not applicable (l) Bicycle parking requirements (i) Apartment dwelling (ii) Student residence (iii) Non-residential uses 0.35 spaces/ dwelling unit 0.35 spaces/ unit Short-term bicycle parking for residential uses is not applicable In accordance with section 4.39 of By-law No. 79-200 Short-term bicycle parking for non-residential uses is not applicable (m) Minimum amenity area for (i) Apartment dwelling 10 square metres per dwelling unit (ii) Student residence 10 square metres per unit (n) Minimum density not applicable (o) Maximum building length not applicable (p) Minimum transparent glazing for ground floor facades abutting public streets and facades abutting open space/park uses 50% of ground floor area, excluding loading area (q) Minimum ground floor height 3 metres Page 88 of 92 Page 122 of 611 5 (r) Minimum elevation for residential uses at grade not applicable (s) Minimum stepback of enclosed/screened mechanical equipment and stairwell/elevator shaft 1 metre, measured from the edge of the roof (t) Maximum floor area for each retail store not applicable (u) Number of buildings on a lot More than one (1) building permitted 6. Despite the regulations listed in section 8.5.3 of By-law No. 79-200 , the following built form regulations shall apply to the Lands zoned CB2-1274: (a) For a building wall 15 storeys or less in height, the entire building wall must have at least one form of articulation at a minimum depth of 0.5 metres between the first and fourth storeys and between the fourth and fifteenth storeys. (b) Exterior ground floor building walls must: i. Provide a minimum of one active entrance from each individual occupancy to the front lot line or exterior side lot line for non- residential uses. ii. Provide a minimum of one active entrance to the front lot line or exterior side lot line in the case of a residential or student residence use. (c) Surface parking areas: i. Shall be located at the rear of the building. ii. Are not permitted in a yard between the street line and the building elevation facing the street. (d) Driveways: i. Where a rear lane abuts the lot, at least one driveway access shall be from the rear lane. ii. Where a rear lane does not abut the lot, one driveway may comprise part of the exterior side yard. (e) Structure parking areas: i. Shall be fronted by permitted uses listed in Section 8.5.1 of By-law No. 79-200 abutting the front lot line, save and except a parking lot. (f) Merchandise for retail sale is permitted to be displayed outdoors as long as it is not stored in a truck, trailer, or other vehicle. (g) Waste storage: i. Shall be located in the interior side or rear yard only. ii. Shall be screened from view by an opaque screen/fence with a minimum height of 1.8 metres. iii. (g) i. and ii. is not required if an in-ground refuse container is provided. Page 89 of 92 Page 123 of 611 6 (h) Soft landscaping is required for any area not covered by: surface parking area, driveway, walkways, waste storage, or accessory structures. 7. For the purposes of this by-law: “Active entrance” means a door that is clearly intended and designed to be the principal entrance or one of the principal entrances to the building. “Articulation” means the stepping out and/or recessing of a balcony, roof, awnings, columns, cornices or external wall of a building in plan and in section. “Building wall” means a vertical surface that forms the exterior façade of a building. “Façade” means the exterior of the building exposed to public view. “Glazing” means the fitting or furnishing of a building façade with glass. “Hardscaping” means the foundation and shape of the yard and includes permanent features such as walkways, paved surface areas, and walls/fences. “Public school” means a body of students enrolled in any elementary, secondary, or post-secondary courses of study in an educational institution operated by the Government of Ontario. “Private school” means a body of students enrolled in any elementary, secondary, or post-secondary courses of study in an educational institution not operated by the Government of Ontario. “Soft landscaping” means vegetative materials used to improve the aesthetics of the yard. “Student” means an individual registered in a public school or private school. “Student residence” means a building or part of a building used for the housing of students within units that may consist of independent bedrooms, independent or shared washroom facilities, independent or shared kitchen and dining facilities and common indoor and outdoor amenity areas. “Roof feature” means a distinct architectural element providing a minimum height of 1 metre erected above the top storey and shall be provided for the purposes of enhancing the design of the buildings and may consist of an enclose any roof mounted mechanical equipment, mechanical penthouse or other similar elements. Notwithstanding section 4.7 of By-law No. 79-200, and except for any flagpoles, or other similar decorative roof features, and radio, telephone, television or telecommunication towers or antennae, no watertank, elevator, or other mechanical penthouse shall have a height greater than the roof feature. 8. SECTION 4- TABLE 1 of By-law No. 79-200 is amended as follows: (a) By deleting “11.5 m” in column D Minimum Distance from Centreline of Original Road Allowance for Queen Street from Victoria Avenue to River Road and replacing it with the following: “10 m”. Page 90 of 92 Page 124 of 611 7 9. 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. 10. No person shall use the Lands for a use that is not a permitted use. 11. No person shall use the Lands in a manner that is contrary to the regulations. 12. The provisions of this by-law shall be shown on Sheet D3 of Schedule “A” to By-Law No. 79-200 by redesignating the Lands from CB2 to CB2-and numbered 1274. 13. Section 19 of By-law No. 79-200 is amended by adding thereto: 19.1.1274 Refer to By-law No. 2025-XXX. Read a First, Second and Third time; passed, signed and sealed in open Council this XXth day of January, 2025. ....................................................................... ...................................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 91 of 92 Page 125 of 611 Page 92 of 92 Page 126 of 611 Address: 4200 Queen Street, 4500 Park Street Applicant: City of Niagara Falls Proposal: To permit a maximum 20 storey building Mixed-use on 4200 Queen Street Residential use on 4500 Park Street Official Plan & Zoning By-law Amendment Application AM-2024-036 4200 Queen Street 4500 Park Street Page 127 of 611 A GREAT CITY…FOR GENERATIONS TO COME Location 4500 Park Street GO Station Mixed-use 4200 Queen Street City Hall Residential use Page 128 of 611 A GREAT CITY…FOR GENERATIONS TO COME Articulation Policy/Zoning 15 storeys 4 storeys 1 form of articulation 1 form of articulation Building wall 15 storeys or less Page 129 of 611 A GREAT CITY…FOR GENERATIONS TO COME Articulation Policy/Zoning 4 storeys 20 storeys 2 m stepback Building wall greater than 15 storeys Page 130 of 611 A GREAT CITY…FOR GENERATIONS TO COME Background- 4500 Park Street •Approximately 0.56 ha (0.38 ac) of land. •Official Plan Amendment –A Special Policy Area to permit a 20 storey residential use building •Residential uses (i.e. apartments) may be located on the ground floor up to a maximum of 50% of the total ground floor area provided the dwelling units do not front onto the street. In addition, residential uses are permitted above the ground floor. •Residential amenity areas (i.e. lobby and common use rooms) are permitted on the ground floor. •Zoning By-law Amendment –A site specific Central Business Commercial 4 (CB4) zone Page 131 of 611 A GREAT CITY…FOR GENERATIONS TO COME Zoning Relief- CB4 Park Street is the front lot line Permitted Uses: - CB4 zone uses - Dwelling units, except entrances, lobby, and amenity area may be above ground floor, and may be located on the ground floor to a maximum of 50% of the total ground floor area provided such dwelling units do not front onto the street Max. Height 65 m or 20 storeys, whichever is less Park Street Queen Street Crysler AveSt. Clair AveBuilding wall less than 15 storeys: 0 m- 6 m, articulation regulation applies Building wall greater than 15 storeys: 0 m- 6 m, and minimum stepback of 2 m for all storeys above the 4th storey Building wall less than 15 storeys: Min. 7 m, that includes the width of a right-of-way, articulation regulation applies Building wall greater than 15 storeys: Min. 7 m, that includes the width of a right-of-way, and minimum stepback of 2 m for all storeys above the 4th storey Page 132 of 611 A GREAT CITY…FOR GENERATIONS TO COME Background- 4200 Queen Street •Approximately 0.41 ha (1.01 ac) of land. •Official Plan Amendment –Designate portion of land from Open Space to Mixed Use 1. –A Special Policy Area to permit a 20 storey mixed use building •Residential amenity uses and student residence amenity uses (i.e. lobby and common use rooms) are permitted on the ground floor. Note: Residential use not permitted on the ground floor. •Student residence, private or public school permitted. •Minimum rear yard setback as detailed in Zoning By-law (7.5 m) to provide for separation from listed property on City’s Municipal Heritage Register •Zoning By-law Amendment –A site specific Central Business Commercial 2 (CB2) zone Page 133 of 611 A GREAT CITY…FOR GENERATIONS TO COME Zoning Relief- CB2 Permitted Uses: -CB2 zone uses, Public School, Private School -Dwelling units and Student residence, in combination with CB2 uses, except entrances, lobby, and amenity area, need to be above ground floor Max. Height 70 m or 20 storeys, whichever is less, with roof feature Building wall less than 15 storeys: 0 m- 6 m, articulation regulation applies Building wall greater than 15 storeys: 0 m- 6 m, and minimum stepback of 2 m for all storeys above the 4th storey Building wall less than 15 storeys: Min. 7.5 m, articulation regulation applies Building wall greater than 15 storeys: Min. 7.5 m, and minimum stepback of 2 m for all storeys above the 4th storey Building wall less than 15 storeys: Min. 0 m, articulation regulation applies Building wall greater than 15 storeys: Min. 0 m, and minimum stepback of 2 m for all storeys above the 4th storey Building wall less than 15 storeys: Min. 3 m, articulation regulation applies Building wall greater than 15 storeys: Min. 3 m, and minimum stepback of 2 m for all storeys above the 4th storey Page 134 of 611 A GREAT CITY…FOR GENERATIONS TO COME Official Plan Amendment Feature Policy Building- exterior material - Finishing material (i.e. brick, siding, stucco) applied to outer exterior walls Building- glazing - Windows on the ground floor of the building Building- tower separation - Provide adequate separation towers on same lot Building- roof feature - Provide roof feature Driveways/vehicular access - From side and rear lanes Surface parking area -At rear or side yard -Not between front building wall and sidewalk Structured parking -At rear or side yard -Screened along sidewalk and upper storeys Pedestrian routes - Provide direct connections from parking areas to building entrances Amenity space - Provide communal indoor and/or outdoor amenity space Page 135 of 611 A GREAT CITY…FOR GENERATIONS TO COME Official Plan Amendment Feature Policy Articulation New development that has a building wall 15 storeys or less in height shall provide at least one form of articulation on the entirety of the building wall between the first and fourth storeys and between the fourth and fifteenth storeys. In addition, new development may use different building material treatment and colour to provide variety to the building’s built form. New development that has a building wall greater than 15 storeys in height shall provide a minimum stepback on the entirety of the building wall for all storeys above the 4th storey as detailed in the City’s Zoning By-law to create a human-scaled building at grade. Queen Street - Road width from Victoria Ave to River Road reduced from 23 m to 20 m Page 136 of 611 A GREAT CITY…FOR GENERATIONS TO COME Official Plan Amendment Feature Policy “Articulation” definition Means the stepping out and/or recessing of a balcony, roof, awnings, columns, cornices or external wall of a building in plan and in section. “Building wall” definition Means a vertical surface that forms the exterior façade of a building. “Public school” definition Means a body of students enrolled in any elementary, secondary, or post-secondary courses of study in an educational institution operated by the Government of Ontario. “Private school” definition Means a body of students enrolled in any elementary, secondary, or post-secondary courses of study in an educational institution not operated by the Government of Ontario. “Roof feature” definition Means a distinct architectural element erected above the top storey and shall be provided for the purposes of enhancing the design of the buildings and may consist of an enclose any roof mounted mechanical equipment, mechanical penthouse or other similar elements. Notwithstanding section 4.7 of By-law No. 79-200, and except for any flagpoles, or other similar decorative roof features, and radio, telephone, television or telecommunication towers or antennae, no watertank, elevator, or other mechanical penthouse shall have a height greater than the roof feature. “Student” definition Means an individual registered in a public school or private school. “Student residence” definition Means a building or part thereof used for the housing of students within dwelling units that may consist of independent bedrooms, independent or shared washroom facilities, independent or shared kitchen and dining facilities and common indoor and outdoor amenity areas.Page 137 of 611 A GREAT CITY…FOR GENERATIONS TO COME Zoning By-law Amendment Min. lot frontage Not applicable Max. lot coverage Not applicable Min. number of parking spaces Not applicable Min. loading area requirements Not applicable Bicycle parking requirements Apartment dwelling/Student residence 0.35 space/unit Non-residential- in accordance with section 4.39 Short term bicycle parking- not appliable Min. amenity area Apartment dwelling/Student residence 10 square metres/unit Min. density Not applicable Max. building length Not applicable Min. transparent glazing for ground floor facades abutting public streets and facades abutting open space/park uses 50% of ground floor area, excluding loading area Min. ground floor height 3 m Min. elevation for residential uses at grade Not applicable Min. stepback of enclosed/screened mechanical equipment, stairwell/elevator shaft 1 m, measured from edge of roof Max. floor area for each retail store Not applicable Number of buildings on a lot More than 1 building permitted Page 138 of 611 A GREAT CITY…FOR GENERATIONS TO COME Zoning By-law Amendment Built Form Regulations Building walls 15 storeys or less in height Entire building walls must have at least one form of articulation at a minimum depth of 0.5 metres between the first and fourth storeys and between the fourth and fifteenth storeys. Exterior ground floor building walls must: - Provide a minimum of one active entrance from each individual occupancy to the front lot line or exterior side lot line for non-residential uses. - Provide a minimum of one active entrance to the front lot line or exterior side lot line in the case of a residential/student residence use. Surface parking areas:- Shall be located at the rear of the building. - Are not permitted in a yard between the street line and the building elevation facing the street. Driveways:- Where a rear lane abuts the lot, at least one driveway access shall be from the rear lane. - Where a rear lane does not abut the lot, one driveway may comprise part of the exterior side yard. Structure parking areas:Shall be fronted by permitted uses listed in Section 8.5.1, save and except a parking lot. Merchandise for retail sale: - Is permitted to be displayed outdoors as long as it is not stored in a truck, trailer, or other vehicle. Waste storage:- Shall be located in the interior side or rear yard only. - Shall be screened from view by an opaque screen/fence with a minimum height of 1.8 metres. - The above is not required if an in-ground refuse container is provided. Soft landscaping :- Is required for any area not covered by surface parking area, driveway, walkways, waste storage, or accessory structures.Page 139 of 611 A GREAT CITY…FOR GENERATIONS TO COME Zoning By-law Amendment Definitions “Active entrance” means a door that is clearly intended and designed to be the principal entrance or one of the principal entrances to the building. “Articulation” means the stepping out and/or recessing of a balcony, roof, awnings, columns, cornices or external wall of a building in plan and in section. “Building wall”means a vertical surface that forms the exterior façade of a building. “Façade” means the exterior of the building exposed to public view. “Glazing” means the fitting or furnishing of a building façade with glass. “Hardscaping”means the foundation and shape of the yard and includes permanent features such as walkways, paved surface areas, and walls/fences. “Public school” (Queen Street only) means a body of students enrolled in any elementary, secondary, or post-secondary courses of study in an educational institution operated by the Government of Ontario. “Private school” (Queen Street only) means a body of students enrolled in any elementary, secondary, or post-secondary courses of study in an educational institution not operated by the Government of Ontario. “Soft landscaping” means vegetative materials used to improve the aesthetics of the yard. “Student” (Queen Street only) means an individual registered in a public school or private school. “Student residence” (Queen Street only) means a building or part of a building used for the housing of students within units that may consist of independent bedrooms, independent or shared washroom facilities, independent or shared kitchen and dining facilities and common indoor and outdoor amenity areas. “Roof feature” means a distinct architectural element providing a minimum height of 1 metre erected above the top storey and shall be provided for the purposes of enhancing the design of the buildings and may enclose any roof mounted mechanical equipment, mechanical penthouse or other similar elements. Notwithstanding section 4.7 of By-law No. 79-200, and except for any flagpoles, or other similar decorative roof features, and radio, telephone, television or telecommunication towers or antennae, no watertank, elevator, or other mechanical penthouse shall have a height greater than the roof feature.Page 140 of 611 A GREAT CITY…FOR GENERATIONS TO COME Open House- December 19 Comment/Concern Staff Response Loss of public parking - Council decision prior to application. No plans or studies - Required at site plan stage. Disposal of land and process - Council decision prior to application. Queen Street only- eliminates vehicular access to lot used for residential parking (frontage width- 2.5 m) - Council decision prior to application. Queen Street only- height of building -Articulation required if building wall is 15 storeys or less. -Stepback required if building wall greater than 15 storeys. -Shadow and wind studies will determine if additional stepbacks are required. Queen Street only- setbacks to residential properties -Standard rear yard setback (3 m) applied to interior yard lot lines that do not abut Rosberg Family Park which function as a rear yard instead of standard interior yard setback (0 m) -Rear yard setback increased to a min. 7.5 m abutting listed heritage property Page 141 of 611 A GREAT CITY…FOR GENERATIONS TO COME Recommendation •That Council approve the proposed Official Plan and Zoning By-law Amendments as detailed in report PBD-2025-001.Page 142 of 611 Re: January 14,2025 City Council Agenda Item 7.1 Am-2024-036: OPA and ZBLA Application for 4500 Park St and 4200 Queen St You may recall that I sent comments to Council members back in July expressing the critical need to revitalize downtown. Given this, I was excited to see the recent public notice for the above noted planning application for 20 storey buildings proposed for 4500 Park Street and 4200 Queen Street and wanted to find out more details. Although the public notice indicated that “digital copies of plans and documents submitted with the application may be obtained”, I was disappointed to find out that there was nothing available. I find this quite disturbing for several reasons. As a retired professional planner, with extensive municipal experience, I can confirm that the provision of any plans and documents is a fundamental requirement under the Planning Act required to inform the public and commenting agencies; and for Staff to properly evaluate any proposed amendments to an Official Plan or Zoning By-law. I should also point out that the public notice mentions that the Queen Street Road allowance is proposed to be reduced; however, it is not shown in its entirety on the location map and no explanation or assessment has been provided to support this change. Regulations under the Planning Act (Ont. Reg. 543/06 & 545/06) provide details on the prescribed information and material required for review which the City has not followed. The City has the right to designate and zone lands in the municipality for broad areas based on a study/report that identifies and justifies the need for change to support overall public interests. However, the Transit Area Secondary Plan and related Zoning By-law are relatively new and there has not been any further municipal review to suggest the need for changes. While the City has the legal authority to initiate amendments for individual properties, it is also obligated to meet Planning Act requirements and justify the need for any change to properly consider any community impacts. The fact that the subject lands are owned by the municipality and being conveyed for private investment and/or ownership elevates the importance of an open and transparent process consistent with the current practice required for any private owner or developer intended for a “site specific” amendment. The City has not completed planning application forms, prepared preliminary concept plans or a planning justification report that are minimum requirements for “site specific” amendments. In fact, two applications would normally be required by the City since this involves two separate properties intended for two distinctly different developments and future ownerships. Even if development is not immediately contemplated, it is critical to have a preliminary site plan (i.e. # of units, mixed use sq. ft., parking, setbacks, etc.) to assess the level of potential development for future planning purposes and to determine whether 20 storey buildings can meet all zoning provisions. This is also important to estimate the appraised value of these properties intended for sale or joint partnership. Aside from the planning application, City Council should also consider the broader community impacts related to the conveyance of these public lands. In particular, I understand the Park Street property is intended for a joint venture between the City and a potential private developer for affordable housing. Page 143 of 611 Niagara Regional Housing should be involved since the City is not responsible for directly financing or managing such projects. Questions then arise in terms of how much funding is being committed; how can this “affordable” housing be protected in the long term; duplication of service with Niagara Regional Housing; and future impacts on City taxpayers. The sale of the Queen Street property appears to be for the University of Niagara Falls. Further consideration should be given for a joint public/private venture within this “mixed use” development with improved public spaces. This could include a community centre (i.e. recreation, relocated library, daycare etc.) which is lacking for residents/employees downtown and needed for the university, along with the provision of public parking that will be lost as a result of this development. These are important considerations given the long term need to create an expanded civic square and to protect and improve public benefits. In closing, I believe that 20 storey buildings are not feasible options for these lots nor are they necessary at this time. If the planning amendments are approved as presented, it will not expedite development and will likely result in the need for future changes. Therefore, the current 10 storey (Park St) and 6 storey (Queen St) should be maintained until more specific development plans have been prepared or the City conducts a more detailed study to consider the broader area. If the prospective purchasers/investors have requested these changes at this time, they should be accountable for filing appropriate supporting information and costs. In any event, an independent planning consultant should be engaged for this purpose. Otherwise, City Council will have a conflict of interest since it cannot make a fair and impartial decision on these applications based on the reasons I’ve noted. Thank you for your time and consideration. Peter Colosimo Niagara Falls Page 144 of 611 1 Heather Ruzylo To:Bill Matson Subject:RE: [EXTERNAL]-Fwd: FYI - Meeting on Sunday From: Diana M < Sent: Sunday, January 12, 2025 2:45 PM To: Serge Felicetti <sfelicetti@niagarafalls.ca>; Bill Matson <billmatson@niagarafalls.ca>; Jason Burgess <jburgess@niagarafalls.ca>; DL-CouncilMembers <councilmembers@niagarafalls.ca> Subject: [EXTERNAL]-Fwd: FYI - Meeting on Sunday Dear Council and City Staff, My name is Mary Yan Miao and I am the owner of which are the abutting properties of 4200 Queen Street that will be going to City Council on Tuesday for rezoning approval. This whole last month has been extremely stressful on my life and I really want to move forward with a solution. I have tried to meet with city representatives for a long time I want to address a compromise that benefits everyone. As the project was presented it will be less than 3 feet from my house I am suggesting through the attached pictures a compromise that I will not appeal in its present state. I am willing and able to meet at any time to discuss this proposal further and if a deferral is necessary I am in favour of that as well. The first picture is what is there now. The city parking lot is outlined in red and my two properties are outlined in yellow. The second picture is a really good visual aid to see what wil be the end result of a transition between commercial and residential with all the required setbacks. These setbacks will greatly reduce the density of the building which is one of the concerns of the CAO in his last response to me. The new building would at least have to be about 25 feet away from our property lines in order to get to 5 storeys and than another 25 feet for every 5 storeys after that. The third picture shows if the city would give me approximately 48 feet of the existing property to be used for parking they would be able to use the entire property at 20 storeys with a small articulation. This idea would increase the density of the orignal building by 2.5 times. This is a compromise that I am willing to agree to, to avoid an appeal to the Ontario Land Tribunal. Please let me know what you think. Thank you. CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 145 of 611 Page 146 of 611 Page 147 of 611 Page 148 of 611 PBD-2025-03 Planning Report Report to: Mayor and Council Date: January 14, 2025 Title: AM-2024-002, Zoning By-law Amendment 7715 Beaverdams Road Proposal: To rezone the lands to a site-specific Residential Apartment 5A Density (R5A) Zone to facilitate the conversion of the existing building, from a retirement home to a boarding or rooming house. Applicant: Pranajen Group LTD. Agent: Sagathevan Shanmugam Recommendation(s) 1. That Council APPROVE the Zoning By-law Amendment to rezone the lands to a site-specific Residential Apartment Density (R5A) Zone to permit the conversion of the existing building, from a retirement home to a boarding or rooming house, subject to the regulations outlined in this report. 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. Executive Summary Pranajen Group LTD. has requested a Zoning By-law Amendment for 0.18 hectares (0.45 acres) of land known municipally as 7715 Beaverdams Road, to facilitate the conversion of the existing building, from a retirement home to a boarding or rooming house. The amendment is recommended for the following reasons:  The proposed development conforms with Provincial, Regional, and City policies as it is transit supportive and supports the achievement of a complete community, will assist the City in meeting its intensification targets, and will provide additional housing choices for residents of the Westlane community.  The proposal will minimize urban land consumption and efficiently use underutilized land. Page 1 of 12 Page 149 of 611  The site is currently serviced by existing municipal services, and no traffic / transportation impacts are expected; and,  The proposed site-specific amendments to the Residential Apartment Density (R5A) Zone are appropriate for the area and conform with the intent of the Zoning By-law. While no one attended the July 17, 2024 public open house, one member of the public submitted written comments raising concerns over the potential for increased crime in the the safety, to relate they as and staffing noise, increased area, monitoring, depreciation of home values and the potential for additional units in the future. In response, staff note the following:  The applicant has indicated to Staff that the site will be operated by a member of the boarding house staff 24/7 and that security cameras will be installed throughout the premises. Furthermore, any potential increase in crime is a matter to be handled by the Niagara Regional Police.  The common outdoor amenity space is located on the southern side of the property and is buffered from the northern residential uses by the building, mitigating the potential impact of noise created by the residents of the boarding house. Furthermore, The Noise By-law is in place to address excessive noise such as persistent yelling shouting and screaming and is enforced by By-law Enforcement Staff.  Any future creation of additional units will require an amendment to the Site Plan. The residents were concerned that the freezer space and kitchen could be converted to additional units, however Planning Staff would not be supportive of the removal of these features as they are necessary for the function of the boarding or rooming house.  There is no evidence that the introduction of uses identical to neighbouring uses has a negative impact on property values. Background Pranajen Group LTD. has requested a Zoning By-law Amendment for 7715 Beaverdams Road to facilitate the conversion of the existing building from a retirement home to a boarding or rooming house. A boarding or rooming house is defined as a dwelling in which the proprietor supplies lodging with or without meals to three or more persons but does not include a tourist establishment, hotel, hospital, home for the aged or other establishment otherwise defined in the Zoning By-law. Page 2 of 12 Page 150 of 611 Appendix 1 shows the location of the subject lands while Appendix 2 shows the layout of the proposed development. The proposed conversion will be entirely internal and no expansions to the existing footprint are proposed at this time. A total of 17 rooms are proposed, consisting of 7 singles and 10 doubles. Additionally, 5 shared bathrooms, a common kitchen area, common lounge and shared outdoor amenity space are also proposed. The subject land is designated Tourist Commercial under the City’s Official Plan and is within the Lundy’s Lane Satellite District Area and Intensification Corridor which permits residential uses. The Official Plan designation is not proposed to be changed. The subject lands are currently zoned Institutional (I) Zone in accordance with Zoning By-law No. 79-200, as amended. The proposed Zoning By-law Amendment requests to rezone the lands to a site-specific Residential Apartment Density (R5A) Zone to permit the conversion of the existing building, from a retirement home to a boarding or rooming house. Site Conditions and Surrounding Land Uses The subject lands currently contain one building that formerly operated as a retirement home. The existing building is not proposed to be demolished as a part of this application and no additions are required to facilitate the conversion to a boarding or rooming house. The proposal will make use of the existing floor plan, without requiring major internal renovations. The lands are located on the east side of Beaverdams Road approximately 90m from Lundy’s Lane. The surrounding land uses consist of the following:  North – Detached dwellings  East – Commercial uses – retail stores  South – Commercial uses – retail stores and restaurants  West – Commercial use – motel The subject property is located in close proximity to the WEGO Red Line, with bus stops located approximately 250 m from 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 400m), and Westlane Secondary School (500m). Circulation Comments Page 3 of 12 Page 151 of 611 Information about the requested Zoning By-law Amendment application was circulated to City Departments and divisions, agencies and the public for comments. The following summarizes the comments received to date. Regional Municipality of Niagara  No concerns or objections to the proposed Zoning By-law Amendment subject to the implementation of the Noise Impact Study mitigation measures which require the following; o Forced ventilation systems with ductwork sized for the future installation of central air conditioning. o Building construction meeting the minimum requirements of the Ontario Building Code. o Warning clauses to advise future residents of the traffic noises and the presence of the surrounding commercial and retail facilities.  Staff note that these requirements can be addressed at the time of Site Plan. Municipal Works (Development Engineering)  No concerns or objections to the proposed Zoning By-law Amendment. Municipal Works (Transportation Services)  Beaverdams Road is a City collector road that has a planned 23.0m right-of-way. Currently, Beaverdams Road is 23.16m wide next to the subject lands, with a 3.05m road widening previously dedicated (Part 2 of Plan 59R-2613). No additional road widenings are required.  A traffic study is not required as the proposed development is not expected to generate more than 100 additional trips to or from the site during peak hours.  Staff notes that the existing driveway is to remain. There are raised centre median islands on Beaverdams Road on either side of the driveway. If the applicant proposes to relocate the driveway, any changes to maintain a full movement driveway will be at the applicant’s expense.  There are no signed parking prohibitions on Beaverdams Road next to the subject lands. However, if parked vehicles along Beaverdams Road impede traffic movement given the presence of the raised centre median island on either side of the driveway, some form of parking control will be established. Urban Design and Landscape Services Page 4 of 12 Page 152 of 611  It is recommended that the applicant increase the landscaping on site, specifically along the roadway, to screen the parking lot and around the parking lot perimeter. This will be dealt with at the Site Plan Control stage. Building Services  A Change of Use or Building Permit may be required if granted approval for the change of Major Occupancy from Group B Classification to Group C major Occupancy in accordance with Part 10 of the Ontario Building Code Act and applicable technical regulations of the Ontario Building Code.  All Building permit requirements will be addressed under the Building Permit review process.  City, Regional Development Charges not excluding Parkland Dedication are applicable to this redevelopment as a result in change of use from Institutional use to Residential use. Fire Department  The Fire Department has no concerns with respect to the Zoning By-law Amendment.  The property owner will be required to revise the existing fire safety plan for the building prior to occupancy as the existing fire safety plan has been developed and approved as the property use being a retirement home. GIS Services  No objections. Enbridge  No objections. Neighbourhood Comments A public open house was held on July 17, 2024, and was not attended by any members of the public. Written comments were received from a member of the public. Their concerns are summarized as follows:  The applicant has indicated to Staff that the site will be operated by a member of the boarding house staff 24/7 and that security cameras will be installed throughout the premises. Furthermore, any potential increase in crime is a matter to be handled by the Niagara Regional Police. Page 5 of 12 Page 153 of 611  The common outdoor amenity space is located on the southern side of the property and is buffered from the northern residential uses by the building, mitigating the potential impact of noise created by the residents of the boarding house. Furthermore, the Noise By-law is in place to address excessive noise such as persistent yelling shouting and screaming and is enforced by By-law Enforcement Staff.  Any future creation of additional units will require an amendment to the Site Plan. The residents were concerned that the freezer space and kitchen could be converted to additional units, however Planning Staff would not be supportive of the removal of these features as they are necessary for the function of the boarding or rooming house.  There is no evidence that the introduction of uses identical to neighbouring uses has a negative impact on property values. Analysis Provincial Policies City planning decisions are to be consistent with the Planning Act and the Provincial Planning Statement, 2024. The proposal conforms as follows:  The proposal satisfies matters of Provincial interest as outlined in Section 2 of the Planning Act.  The proposal supports the creation of a complete community. The Provincial Policy Statement, 2024 notes that complete communities take different shapes and forms appropriate to their contexts to meet the diverse needs of their populations 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.  residential minimum City’s the achieving assist will proposal The with 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. Page 6 of 12 Page 154 of 611 City Official Plan The City’s Official Plan designates the subject lands as Tourist Commercial and are also located within the Lundy’s Lane Satellite District. The proposal complies with the Official Plan as follows:  The location of the proposal does not interrupt the continuity of the existing tourist commercial uses and will not result in any conflict with the northerly residential uses.  The proposal respects existing building heights by not increasing the height of the existing structure and continuing to match the built form of the area.  The proposed density is 93.4 units per hectare where a range of 50 to 100 units per hectare is permitted.  Pedestrian connections to the surrounding neighbourhood have been provided and private on-site green space has been provided for future residents.  The proposal will minimize urban land consumption and efficiently uses land by filling the need for housing in the community.  The lot size and configuration can sufficiently accommodate adequate parking, green space and amenity areas.  The site is suitably located with convenient access to public transit and commercial districts.  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 housing.  The units have an estimated rental price of $800/ month which is considered affordable to households with an annual income of $30,700, according to table 3- 2 of the City of Niagara Falls Housing Strategy. Zoning By-law The applicant is proposing to rezone the land to a site-specific R5A zone. The R5A zone permits apartments, stacked townhouse dwellings and accessory buildings and structures. The site-specific amendments seek to address the existing configuration of the site and add a boarding or rooming house as a permitted use. The site-specific amendments that have been requested by the applicant are summarized in the table below. Page 7 of 12 Page 155 of 611 ZONE REGULATIONS EXISTING REGULATIONS REQUESTED REGULATIONS STAFF RECOMMENDATION Permitted Uses An apartment dwelling, a stacked townhouse dwelling, and accessory buildings and structures, subject to the provisions of section 4.13 and 4.14 Boarding or Rooming House Support Minimum Interior Side Yard Setback One half of the height of the building 1.5m Support Minimum Rear Yard Setback 10m 3.10m Support Maximum Lot Coverage 30% 33% Support Parking Requirements 1 space for each 40m2 of floor space (15 spaces) 0.8 spaces for each (12 spaces) Support Accessory Building Interior Side Yard Setback 1.2m 0.85m Support Staff support the proposed change from the I Zone to an R5A Zone with the above requested site-specific regulations for the following reasons:  The reduced rear yard depth, front yard depth, side yard depths, and maximum lot coverage have all been requested to recognize the existing deficiencies within the site. The function of the boarding or rooming house is not compromised by the existing layout and the impact on the surrounding uses is minimized as no external construction has been proposed.  The request to reduce the parking requirement from 15 space to 12 spaces is not considered to have a significant impact on the site. The site is in close proximity to City Transit Lines 113 and 213, Regional Transit Route 60/65, and the WEGO Red Line. As the site is well serviced by public transit, staff are not concerned with the proposed reduction of parking stalls. The parking reduction is being requested to accommodate the existing parking layout. No parking stalls are proposed to be removed. The parking ratio for the previous use was 2 parking spaces for each 5 beds, requiring a total of 12. Page 8 of 12 Page 156 of 611 5.0 Sunset Clause provincial for priority key a is the of provision orderly and timely The housing government and the City of Niagara Falls. To ensure that housing is delivered in line with the existing and planned services that are required to support it, servicing cannot be held up in developments that fail to proceed in a timely manner. To encourage the timely development of the subject lands, Staff recommend that the amending by-law includes a sunset clause to require the execution of a Site Plan Agreement within three years of the amending by-law coming into effect, with the possibility of a one-year extension and Building Planning, of Manager discretion the of the at General Development to provide flexibility. The proposed sunset clause is contemplated by Staff in accordance with Sections 34(16.1) and (16.2) of the Planning Act and Part 4, Sections 4.6.1 and 4.6.2 of the City’s Official Plan. Staff are of the opinion that the sunset clause or conditional zoning constitutes sound land use planning as it provides a mechanism to properly plan for the efficient use of the City’s services and allows for the appropriate allocation of servicing capacity for those who are ready to develop. Appeal Provision – Section 34 of the Planning Act In accordance with Bill 185, which received Royal Assent on June 6th, 2024, the Minister, the applicant, or a specified person, public body, or registered owner of any land to which the Zoning Amendment/By-law will apply, who made oral submissions at a Public Meeting or written submissions to City Council prior to the adoption of the Zoning Amendment and/or passage of the By-law, may appeal the Zoning Amendment and/or the By-law to the Ontario Land Tribunal by filing Notices of Appeal to the Clerk. Third- party appeals are no longer permitted. Operational Implications and Risk Analysis There are no operational implications associated with this proposal as the application is being processed internally by Staff. Financial Implications/Budget Impact The proposed development will generate development charge contributions and property tax revenue for the City. There are no other financial implications. Strategic/Departmental Alignment 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 Page 9 of 12 Page 157 of 611 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 and 2 Written by: Chris Roome, Planner 2 Submitted by: Status: Signe Hansen, Director of Planning Approved - 07 Jan 2025 Kira Dolch, General Manager, Planning, Building & Development Approved - 07 Jan 2025 Jason Burgess, CAO Approved - 07 Jan 2025 Page 10 of 12 Page 158 of 611 Appendix 1 Location Map Page 11 of 12 Page 159 of 611 Appendix 2 Site Plan Page 12 of 12 Page 160 of 611 Address: 7715 Beaverdams Road Applicant: Pranajen Group LTD Proposal: Convert the existing building into a boarding/rooming house Official Plan Amendment and Zoning By-law Amendment Application AM-2024-002 Page 161 of 611 A GREAT CITY…FOR GENERATIONS TO COME Background Proposal The application is to rezone the subject lands to a site-specific Residential Apartment Density (R5A) Zone to permit the conversion of the existing building, from a retirement home to a boarding or rooming house. Official Plan The subject lands are designated Tourist Commercial and are within the Lundy’s Lane Satellite District. The application conforms to the Official Plan and no change in designation is required to facilitate the proposed application. Zoning By-law No. 79-200 The subject lands are currently zoned Institutional in accordance with Zoning By-law 79- 200. Page 162 of 611 A GREAT CITY…FOR GENERATIONS TO COME Location Subject Lands Commercial Uses Detached Dwellings Page 163 of 611 A GREAT CITY…FOR GENERATIONS TO COME Site Plan Page 164 of 611 A GREAT CITY…FOR GENERATIONS TO COME Proposed Zoning Relief Minimum Rear Yard Setback Proposed: 3.10 m Permitted: 10 mMin. Interior Side Yard Setback Proposed: 1.5 m Required: Half of building height Permitted Use Boarding/ Rooming House Maximum Lot Coverage Proposed: 33 % Required: 30% Parking Requirements Proposed: 12 Required: 15 Acc. Building Interior Side Yard Setback Proposed: 0.85 m Required: 1.2 m Page 165 of 611 A GREAT CITY…FOR GENERATIONS TO COME Neighbourhood Comments •While no one attended the July 17, 2024 public open house, one member of the public submitted written comments raising their concerns and responses are summarized below: Concern Response Potential for increased crime/ Staffing and monitoring Site will be operated by a staff member 24/7, security cameras will be installed throughout the premises and any increase in crime will be dealt with by the NRP Increased noise Outdoor amenity space is buffered by the building. Noise By-law is also in place to address excessive noise. Depreciation of home values There is no evidence that the introduction of uses identical to neighbouring uses has a negative impact on property values. Potential for additional units in the future Any future creation of additional units will require an amendment to the Site Plan. Page 166 of 611 A GREAT CITY…FOR GENERATIONS TO COME Recommendations •That Council APPROVE the Zoning By-law Amendment to rezone the lands to a site-specific Residential Apartment Density (R5A) Zone to permit the conversion of the existing building, from a retirement home to a boarding or rooming house, subject to the regulations outlined in this report.Page 167 of 611 PBD-2025-04 Planning Report Report to: Mayor and Council Date: January 14, 2025 Title: City Initiated Zoning By-law Amendment AM-2024-033 (PLZBA20240779) General Amendments to Zoning By-law No. 79-200 Recommendation(s) That Council APPROVE the general amendments to Zoning By-law No. 79-200, as outlined in this report. Executive Summary By-law No. 79-200 is a comprehensive zoning by-law that applies to the majority of the City, including the majority of the urban areas. The proposed amendments aim to modernize definitions and regulations, and includes technical updates to enhance the by-law’s planning current with functionality ensure and practices. alignment The amendments are recommended for the following reasons:  To improve clarity and usability by updating definitions and provisions to reflect modern zoning standards and eliminate ambiguity.  To support housing diversity and intensification by facilitating new housing typologies and modern development patterns.  To streamline implementation by addressing minor issues, removing outdated provisions, and ensuring the by-law remains effective in guiding development. These amendments are administrative and technical in nature, ensuring the by-law remains development and use land managing effective tool and relevant a for throughout the City, without introducing substantive changes. Background The City’s Zoning By-law No. 79-200, which applies to most urban areas, has been amended numerous times since its adoption in 1979 to address emerging issues and modernize its provisions. Some examples of these previous amendments include revised regulations to provide for intensification and compact developments, allow community gardens, improve amenity space regulations, and technical updates for clarity and consistency. Since this time, Staff have noted several minor issues and have initiated a housekeeping amendment to improve the by-law. The areas affected by the proposed amendments are shown in Appendix 1. The following is a general description of the amendments proposed: Page 1 of 24 Page 168 of 611  Introduce definitions for previously undefined terms used in the by-law and update existing definitions to enhance clarity and align with current zoning standards.  Update regulations for places of worship, including height exceptions and parking requirements, to be more inclusive.  Clarify the parking regulations for rear yards in residential zones.  Update regulations for nightclubs.  Update amenity space regulations in the R5 zone to include stacked townhouse dwellings.  Update regulations to permit model homes in the R4 zone.  Introduce back-to-back townhouses as a permitted dwelling type in the R4 zone and introduce regulations accordingly.  Minor technical revisions for clarity. Circulation Comments Information about the zoning by-law amendment was circulated to City departments, the Region, and agencies for comments. No comments or objections have been received from departments or agencies. Public Comments Staff held a Public Open House on Monday December 9, 2024, which had no attendees. The Open House and the Public Meeting were advertised in the Niagara Falls Review and posted on the City’s Website. No written comments have been received to date. Analysis 1. Provincial Policies The Planning Act requires City planning decisions be consistent with the Provincial Planning Statement, 2024. The proposed amendments are consistent and conform as follows:  Satisfies matters of provincial interest as outlined in Section 2 of the Planning Act.  Contributes to the orderly development of safe and healthy communities by clarifying zoning provisions and ensuring the adequate provision of amenity space in higher density residential developments.  Supports new housing typologies and diversifies the housing stock, aligning with provincial priorities to provide a full range of housing options and meet the needs of various demographics, contributing to complete communities.  Enhances design standards, such as amenity space requirements, consistent with PPS policies encouraging a well-designed built form. 2. Regional Official Plan The proposed amendments align with the Regional Official Plan, 2022, by ensuring that the City’s Zoning By-law remains consistent with Regional policies and supports the Page 2 of 24 Page 169 of 611 overarching vision for well-planned and inclusive communities. While the changes are primarily administrative and technical, they modernize provisions to improve clarity, usability, and alignment with contemporary planning practices. These updates ensure continued compliance with the Region’s policies on housing diversity, intensification, and urban design without introducing substantive changes to existing regulations. 3. City’s Official Plan The lands governed by By-law No. 79-200 are assigned various land use designations. Although many of the changes are not explicitly referenced in Official Plan policies, they remain in compliance as follows:  Ensure the Zoning By-law continues to support the Official Plan’s goals for fostering complete, inclusive, and diverse communities.  Modernize existing provisions to enhance clarity, usability and alignment with the Official Plan.  Contribute to housing diversity by facilitating the development of a range and mix of housing types and densities, in alignment with the City’s housing policies.  Ensure the Zoning By-law remains clear and up to date, supporting the Official Plan’s goal of creating well-planned residential areas that contribute to the development of complete communities across the City. 4. Zoning By-law No. 79-200 The proposed changes include regulations to address newer development trends, as well as housekeeping and technical changes. The draft zoning by-law amendment is attached as Appendix 2 and a redlined version illustrating the changes is attached as Appendix 3. The changes are summarized as follows: a. Deleting Section 1.4 (Boldfaced Words) Section 1 – Title and Interpretation outlines how the by-law is intended to be read and interpreted. Section 1.4 (Boldfaced Words) was originally included to alert readers to defined terms by using bold text. However, the practice of bolding text was discontinued approximately a decade ago, to modernize the Zoning By-law. As a result, Section 1.4 is no longer applicable in the by-law and is proposed to be deleted to align the by-law with current practices. This change will eliminate potential confusion for users and ensure that Section 1 accurately reflects the by- law’s current format and usage. This proposed change is administrative in nature and does not alter the interpretation or application of the Zoning By-law. b. Amending Section 2 (Definitions) to introduce new definitions and update existing definitions Page 3 of 24 Page 170 of 611 Section 2 (Definitions) of the Zoning By-law will be amended by introducing several new definitions and updating existing ones. These changes aim to provide greater clarity, improve consistency in interpretation and reflect current and modern development practices. The proposed definitions are detailed in Appendix 2. Below is a general summary of the proposed changes: New definitions Several terms are referenced throughout the by-law without corresponding definitions including: ‘articulation’, ‘back-to-back townhouse dwelling’, ‘bake shop’, ‘balcony’, ‘exterior rear wall’, ‘façade’, ‘glazing’, ‘place of worship’, ‘privacy yard’, and ‘roof feature’. The lack of clear definitions for these terms can lead to inconsistent interpretation and application of zoning provisions. Introducing these definitions will eliminate ambiguity and provide greater clarity when interpreting zoning provisions. Additionally, several terms are frequently used in site-specific zoning by-laws but are not currently defined in By-law No. 79-200. These include ‘car share’, ‘car share parking space’, ‘public school’, ‘stepback’, ‘tower’, and ‘tower floorplate’. These terms are becoming increasingly relevant as development trends shift toward mixed-use, compact, and high-density development forms. Incorporating these definitions into the Zoning By-law aligns with contemporary zoning practices, ensures consistent interpretation, and eliminates the need to continually address these terms on a site-specific basis. Amendments Several existing definitions are proposed to be updated to improve clarity and align with current standards. These include:  Removing reference to “primary” in the definitions for ‘detached dwelling’ and ‘semi-detached dwelling’ to align with modern terminology and simplify interpretation. The term “primary” is not applicable in these contexts and its removal does not alter the meaning or application of these definitions.  articulate better to unit’ the of definition the Revise ‘dwelling characteristics of a self-contained dwelling unit, ensuring clarity and alignment with the intent of the by-law.  Revise the definition of ‘boarding or rooming house’ to distinguish it from other forms of housing and reflect contemporary housing practices. The proposed definition changes ensure the Zoning By-law remains clear, precise, and consistent responsive to evolving development trends while supporting interpretation and implementation across all zones. Page 4 of 24 Page 171 of 611 c. Revisions to Place of Worship regulations affecting Section 2 (Definitions), Section 4.7 (Height Exceptions) and Section 4.19.1 (a) (Parking Requirements) Currently, the Zoning By-law includes several provisions regulating places of worship, however, the term ‘place of worship’ is not explicitly defined. It is proposed to introduce a definition for ‘place of worship’, as detailed in Appendix 2. This addition will eliminate ambiguity and provide greater clarity in the interpretation of zoning provisions related to places of worship. Furthermore, Section 4.7 (Height Exceptions) permits certain architectural features and current regulations. height from The be to components building exempt regulation specifically references churches and associated architectural features. The proposed amendment broadens this by replacing the reference to ‘church’ with ‘place of worship’ and introduces additional architectural features commonly associated with various religious organizations, detailed in Appendix 2. This change seeks to make zoning more inclusive and better reflect the diversity of religious structures and practices. Additionally, Section 4.19.1 (a) (Parking Requirements) currently requires places of worship to provide 1 parking space for every 5 seats. It is proposed that this regulation be revised to require 1 parking space for every 5 seats or 5 persons that can be accommodated at one time. This change is intended to better accommodate places of worship with flexible seating arrangements by requiring parking based on the total capacity of the place of worship. This amendment does not alter the intent of the regulation, as it maintains the 1:5 parking ratio, but ensures the regulation is more inclusive of different types of religious congregations and practices. d. Revision to Section 4.14 (Yards) to increase the maximum projection of balconies into required side yards for R4 and R5 zones Section 4.14 (c) regulates the projection of balconies into required front, side and rear yards. Currently, balconies are permitted to encroach up to a maximum of 1.8 metres into the required front and rear yards. However, the current provisions restrict the encroachments of balconies into required side yards to only 0.45 metres. This provision has led to a number of site-specific zoning amendments and minor variance requests to increase the permitted projection to provide greater balcony space in the R4 and R5 zones. Since balconies provide amenity space for the enjoyment of residents, it is recommended that the by-law be amended to allow balconies to encroach up to 1.8 metres into required side yards in R4 and R5 zones, consistent with the permissions for required front and rear yards. e. Revision to Section 4.19.3 (a) (iii) (Parking in Yards) affecting the maximum area for parking in rear yards for the R1-R3 zones Page 5 of 24 Page 172 of 611 Section 4.19.3 (a) regulates parking in yards within the R1 – R3 zones. Specifically for parking in rear yards, the current regulation permits a maximum of 40 square metres to be used as a parking area. The definition of ‘Parking Area’ includes both parking spaces and may include a private garage, meaning detached garages may be counted as part of the 40 square metre maximum for parking in rear yards. However, the definition of ‘Surface Parking Area’ refers specifically to land surfaced with materials such as concrete, asphalt, or gravel for the temporary parking of vehicles, including access and parking spaces. Given the difference between the definitions of ‘Parking Area’ and ‘Surface Parking Area’, the current regulation inadvertently includes detached garages in the 40 square metre maximum, potentially limiting parking options in rear yards. To clarify and better align with the intent of the regulation, it is proposed that ‘surface parking area’ be used instead of ‘parking area’. This change will exclude detached garages from the calculation and ensure that the regulation specifically applies to surfaced parking areas, offering more flexibility for rear yard parking without unintentionally restricting the provision of detached garages. f. Revision to Section 4.40 (Nightclubs) regulations Currently, nightclubs are defined in the Zoning By-law as licensed establishments with a capacity of over 499 persons and holding a liquor license. Nightclubs are permitted exclusively in the Central Business Commercial (CB) zone, primarily located along Queen Street and Bridge Street in the downtown, and are subject to the following regulations:  A minimum separation distance of 100 metres from another nightclub or licensed establishment.  A minimum separation distance of 45 metres from the boundary of any residential zone.  Parking requirements at a rate of one parking space for every five persons. It is important to note that the definition of a nightclub applies to any business with a liquor license and a capacity of over 499 persons, regardless of whether it operates as a traditional nightclub. This broad definition results in businesses, such as large restaurants or event venues, being subject to nightclub provisions. The proposed amendment removes the 100-metre separation distance requirement between nightclubs and licensed establishments. Currently, this provision applies broadly which to any premises with a liquor license, including restaurants, significantly restricts businesses meeting the definition of a nightclub from establishing in the CB zone, where they are intended to operate. Removing this provision will create equal opportunities for businesses to establish in the downtown, aligning with the intended purpose of the CB zone and supporting Page 6 of 24 Page 173 of 611 the area’s revitalization efforts. Protections for residential zones will remain in place, with the 45 metre separation distance. Parking requirements will remain unchanged and consistent with those of other licensed establishments. This amendment balances the needs of businesses and the community, promoting economic vitality while ensuring compatibility between commercial and residential uses, fostering a vibrant and dynamic downtown core. g. Revisions to Minimum Amenity Space requirements for stacked townhouse dwellings The Residential Apartment Density (R4-R5F) zones permit high density dwelling types including apartment dwellings and stacked townhouse dwellings. Stacked townhouse dwellings are similar to apartment dwellings in that both house multiple units within a compact footprint, typically share building features and common areas, and involve the vertical arrangement of dwelling units. Stacked townhouse dwellings were introduced as a permitted use in the R5 zones during the last housekeeping amendment, with the intent of applying the same regulations as apartment dwellings. However, the minimum amenity space requirement for stacked townhouse dwellings was inadvertently omitted during the last amendment. Currently, the Zoning By-law requires apartment dwellings to provide a minimum of 20 square metres of amenity space per dwelling unit. This amenity space can be provided in the form of private balconies, terraces or patios, public landscaped areas, roof decks or swimming pools, etc. The amendment proposes to apply the same amenity space regulations for stacked townhouse dwellings amendment. housekeeping last of the original the meet to intent Specifically, Section 4.44 (Amenity Areas for Apartment Dwellings) and the R5 zone regulations will be updated to include stacked townhouse dwellings. Detailed changes are outlined in Appendix 2. This amendment ensures the original intent of the previous housekeeping update is realized by aligning the regulations for similar housing types. Additionally, including a stacked of residents that space regulation amenity minimum guarantees townhouse dwellings have adequate access to amenity space and will support consistent urban design standards across the R5 zones. h. Revision to Section 5.10 (Model Homes) to include the R4 Zone The Model Homes regulation currently permits model homes in the R1A to R1F zones, as well as the R2 and R3 zones, which are predominantly intended for low- density housing types such as single detached and semi-detached dwellings. Currently, model homes are not currently permitted in the R4 zone which allows townhouse developments. Page 7 of 24 Page 174 of 611 However, in recent years, there has been a noticeable increase in the popularity of townhouse developments and as a result, there has been a rise in site-specific by- laws permitting model homes in the R4 zone. As such the proposed amendment to include the R4 zone in Section 5.10 is intended to update the Zoning By-law to better reflect current development patterns and market demands. Amending Section 5.10 to include the R4 zone would:  Reduce the need for site-specific amendments for townhouse developments to include the permission for model homes and would provide greater clarity for developers and staff.  As townhouse developments are increasingly popular as a housing option, allowing model homes for these developments will better support market demands and help prospective buyers visualize and evaluate the quality and design of townhouse units part of new developments. i. Revising the Residential Low Density Grouped Multiple Dwellings (R4) Zone to include back-to-back townhouse dwellings The R4 zone permits a range of medium to high density dwelling types including townhouse dwellings, stacked townhouse dwellings, and apartment dwellings. The R4 zone has been widely utilized in comprehensive new subdivision developments, offering developers flexibility in creating large parcels with a mix of dwelling types. A review of several recent subdivisions reveals that the permitted uses within the R4 zone are often adjusted on a site-specific basis to include back-to-back townhouse dwellings. Back-to-back townhouse dwellings are a unique type of townhouse where units share both side and rear walls with neighboring units, eliminating rear yards. This housing attractive an preserving while and higher supports typology density functional urban form. Given back-to-back include to requests frequent popularity growing the and townhouse dwellings in developments in the R4 zone, the following amendments are proposed:  Amend Section 2 (Definitions) to introduce a definition for “back-to-back townhouse dwelling” to provide clarity and consistency. This definition will specify that these dwelling units share both a side and rear wall and require a minimum of 4 units.  Amend Section 7.9.1 (R4 Zone – Permitted Uses) to include a back-to-back townhouse dwelling as a permitted use to align with current development trends and reduce the need for site-specific zoning by-law amendments  Amend Section 7.9.2 (R4 Zone – Regulations) to apply the same regulations to a back-to-back townhouse as a townhouse dwelling, to ensure consistency in development standards. Page 8 of 24 Page 175 of 611 This proposed amendment reflects evolving housing trends and aligns the Zoning By-law with modern and current development practices to provide greater clarity and consistency for developers while supporting the efficient use of land. j. Housekeeping revisions for regulations ‘not specified’ Currently, several zone regulations in the by-law are noted as ‘not specified’, such as the maximum floor area regulation in certain zones. These placeholders lack implementation as they do not provide any enforceable or actionable provisions. The ‘not of instances all specified’ includes amendment proposed deleting regulations from the by-law, see Appendix 2. This change will not alter the intent or application of the by-law’s provisions as these regulations do not currently impose any requirements. The amendment is proposed to enhance the clarity and usability of the Zoning By-law by eliminating unnecessary text, ensuring it remains concise, focused, and free from potential confusion.    Financial Implications/Budget Impact There are no direct financial implications arising from this report. Strategic/Departmental Alignment The proposed zoning amendments do not directly affect any of the City’s strategic priorities. Strategic Plan Pillars List of Attachments Appendix 1 - Location Map Appendix 2 - Draft Housekeeping By-law-v.2 Appendix 3 - Draft Redlined Zoning By-law Written by: Danielle Foley, Senior Planner, Long Range Planning Initiatives Submitted by: Status: Signe Hansen, Director of Planning Approved - 07 Jan 2025 Kira Dolch, General Manager, Planning, Building & Development Approved - 07 Jan 2025 Jason Burgess, CAO Approved - 08 Jan 2025 Page 9 of 24 Page 176 of 611 APPENDIX 1 Page 10 of 24 Page 177 of 611 1 APPENDIX 2 CITY OF NIAGARA FALLS By-law No. 2025-XXX A by-law to amend By-law No. 79-200, to introduce new definitions and regulatory provisions (AM-2024-033). WHEREAS By-law No. 79-200, as amended, was passed by the Council of The Corporation of the City of Niagara Falls on November 5, 1979 to regulate the use of land and the erection, use, height, bulk, location, spacing and any other matters relating to buildings and structures, and to prohibit certain uses of land and the erection of certain buildings and structures in various areas of the City of Niagara Falls; AND WHEREAS the City wishes to make certain housekeeping changes and updates to By-law No. 79-200 to reflect current zoning standards and contemporary definitions and incorporate regulations to improve the functionality of By-law No. 79-200; AND WHEREAS it is deemed desirable to amend By-law No. 79-200 accordingly. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That SECTION 1.4 of By-law No. 79-200 is hereby deleted, and the remainder of SECTION 1 – TITLE AND INTERPRETATION is renumbered accordingly. 2. That SECTION 2 – DEFINITIONS of By-law No. 79-200 is amended as follows: (a) by adding the following definitions alphabetically: “ARTICULATION” means the stepping out and/or recessing of a balcony, roof, awning, column, cornice or external wall of a building in plan and in section. “BAKE SHOP” means a building or part thereof in which food is prepared and offered for sale to the public but does not include a restaurant. “BALCONY” means an uncovered platform projecting from the façade of a wall or walls, cantilevered or supported by columns or brackets, located above the grade of the ceiling height of the first storey above the basement. “BACK-TO-BACK TOWNHOUSE DWELLING” means a building containing four or more dwelling units divided by vertical common walls above grade, and a common rear wall. “CAR SHARE” means the practice where a number of people share the use of one or more cars that are owned by a profit or non-profit car-sharing organization and where such organization Page 11 of 24 Page 178 of 611 2 may require that use of cars be reserved in advance, charge fees based on time and/or kilometers driven, and set membership requirements of the car-sharing organization, including the payment of a membership fee that may or may not be refundable. “CAR SHARE PARKING SPACE” means a parking space that is exclusively reserved and actively used for car-sharing. “EXTERIOR REAR WALL” means the exterior wall furthest from and opposite to the front entrance of a dwelling unit “FAÇADE” means the exterior of a building or structure exposed to public view. “GLAZING” means the fitting or furnishing of a building façade with glass. “PLACE OF WORSHIP” means a premises owned or occupied by a religious organization or congregation which is dedicated exclusively to worship and related social and charitable activities. “PRIVACY YARD” means the yard measured from the exterior rear wall of a dwelling unit, providing exclusive outdoor amenity space. “PUBLIC SCHOOL” means a publicly funded elementary school or secondary school facility operated by the Government of Ontario. “R FEATUREOOF element architectural distinct means ” a erected above the top storey of a building or structure for the purposes of enhancing the design of the building or structure which may enclose any roof mounted mechanical equipment, mechanical penthouses, or other similar elements. Notwithstanding Section 4.7 of this By-law no water tank, elevator or other mechanical penthouse shall have a height greater than the roof feature unless clad to be aesthetically consistent with the roof feature. “STEPBACK” means the horizontal recessing of a building façade above a specified storey. “TOWER” means a building or structure with a minimum height of 12 metres above the average grade at the front of the building. “TOWER FLOOR PLATE” means the floor area of a tower measured from the outside of the exterior walls, but excluding inset and projecting unenclosed balconies. Page 12 of 24 Page 179 of 611 3 (b) by deleting the definitions for “BOARDING OR ROOMING HOUSE” “DETACHED DWELLING”, “DWELLING UNIT” and “SEMI- DETACHED DWELLING” and replacing them as follows: “BOARDING HOUSE OR ROOMING HOUSE” means a building in which the proprietor supplies for gain, directly or indirectly, lodging with or without meals to three or more persons other than the proprietor but does not include a tourist establishment, hotel, hospital, home for the aged or other establishment otherwise classified or defined in this By-law. “DETACHED DWELLING” means a building containing one dwelling unit. “DWELLING means UNIT” a self-of set contained rooms occupied or designed to be occupied as an independent and separate self-contained unit kitchen include and shall with cooking facilities and bathroom facilities that are intended for the use of the unit only. “SEMI-DETACHED DWELLING” means a building divided vertically into two dwelling units, each with an independent entrance to an exterior. 3. That SECTION 4.7 HEIGHT EXCEPTION of By-law No. 79-200 is deleted and replaced with the following: 4.7 HEIGHT EXCEPTION: The height regulations of this By-law shall not apply to place of worship elements (including belfries, spires, steeples and bell towers, and ornamental architectural features such as, but not limited to, cupolas and finials), chimneys, water tanks, elevator or mechanical penthouses, flag poles, clock towers, radio, solar panels, telephone, television or telecommunication towers and antennae, tents and mechanical amusement rides or devices in any Zone except as hereinafter provided or to farm buildings and farm structures, (which shall not include buildings or structures to be erected or used for the purpose of human habitation) in an A zone, an R Zone or an OS Zone and shall not apply to the following types of structures and buildings in HI Zones: processing towers, processing equipment and industrial process buildings. 4. That SUBSECTION 4.14(c) of By-law No. 79-200 is deleted and replaced with the following: 4.14(c) open balconies not covered by a roof or canopy may project into any required front yard or rear yard a distance of not more than 1.8 metres and into any required side yard a distance of not more than 0.45 metres, notwithstanding open balconies not covered by a roof or canopy in an R4 or R5 zone may project into any required side yard a distance of not more than 1.8 metres; Page 13 of 24 Page 180 of 611 4 5. That the parking requirements for a Place of Worship as set out in Table 1 of SECTION 4.19.1 (a) of By-law No. 79-200 is deleted and replaced with the following: Place of Worship 1 parking space for each 5 seats or for each 5 persons that can be lawfully accommodated therein at any one time 6. That SUBSECTION 4.19.3(a)(iii) of By-law No. 79-200 is deleted and replaced with the following: (iii) Maximum area of a rear yard which can be used as a surface parking area 40 square metres 7. That SECTION 4.40 NIGHTCLUBS of By-law No. 79-200 is amended by deleting SUBSECTION 4.40(i) and the remainder of SECTION 4.40 NIGHTCLUBS is renumbered accordingly. 8. That SECTION 4.44 AMENITY FOR APARTMENT DWELLINGS of By-law No. 79-200 is amended by adding “or stacked townhouse dwelling” after every reference to an “apartment dwelling” and adding “or By-law No. 2025-006” after the reference to “By-law No. 2022-095”. 9. That SECTION 5.10 MODEL HOMES of By-law No. 79-200 is amended by adding “and R4” after the reference to “R3”. 10. That SECTION 7.9.1 of By-law No. 79-200 is deleted and replaced with the following: 7.9.1 PERMITTED USES: No person shall within any R4 Zone use any land or erect or use any building or structure for any purpose except one or more of the following uses: (a) A townhouse dwelling containing not more than 8 dwelling units; (b) A back-to-back townhouse dwelling; (c) A stacked townhouse dwelling; (d) An apartment dwelling (e) Group dwellings, provided that no townhouse dwelling in the group dwelling contains more than 8 dwelling units; (f) Accessory buildings and accessory structures, subject to the provisions of sections 4.13 and 4.14 of this By-law; and Page 14 of 24 Page 181 of 611 5 (g) A home occupation in a detached dwelling, or a dwelling unit of a semi- detached dwelling or a duplex dwelling, subject to the provisions of section 5.5 of this By-law. 11. That SECTION 7.9.2 REGULATIONS of By-law No. 79-200 is amended by adding “or back-to-back townhouse dwelling” after every reference of a “townhouse dwelling”, in the said section, save and except for subsection 7.9.2(n). 12. That SECTION 7.9.3 ADDITIONAL REGULATIONS FOR GROUP DWELLINGS of By-law No. 79-200 is amended by adding “or back-to-back townhouse dwelling” after every reference of a “townhouse dwelling”. 13. That SUBSECTION 7.10.2 (m), SUBSECTION 7.11.2 (m), SUBSECTION 7.12.2(m), SUBSECTION 7.13.2 (m), SUBSECTION 7.14.2 (m) and SUB SECTION 7.15.2 (m) of By-law No. 79-200 are amended by adding “or stacked townhouse dwelling unit” after each reference to an “apartment dwelling unit”. 14. That SUBSECTION 8.2.2 (h) of By-law No. 79-200 is deleted, and the remainder of SECTION 8.2.2 REGULATIONS is renumbered accordingly. 15. That SUBSECTION 8.5.2.A(h) of By-law No. 79-200 is deleted, and the remainder of SECTION 8.5.2.A REGULATIONS is renumbered accordingly. 16. That SUBSECTION 8.6.2 (h) of By-law No. 79-200 is deleted, and the remainder of SECTION 8.6.2 REGULATIONS is renumbered accordingly. 17. All other applicable provisions and regulations set out in By-law No. 79-200 shall remain the same and continue to apply. 18. 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. Read a First, Second and Third time; passed, signed and sealed in open Council this 14th day of January, 2025. ....................................................................... ..................................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 15 of 24 Page 182 of 611 APPENDIX 3 CITY OF NIAGARA FALLS REDLINED By-law No. 2025-XXX 1. SECTION 1 – TITLE AND INTERPRETATION: Section 1.4 is hereby deleted, and the remainder of Section 1 is renumbered accordingly: 1.4 BOLDFACED WORDS: Words which are defined in section 2 of this By-law have, in most cases, been boldfaced where they appear elsewhere in this By-law. The boldfacing is for the purpose of assisting persons in interpreting this By-law but shall not be deemed to form a part of this By-law. The definitions in section 2 shall apply and govern whether or not the defined word or words is or are boldfaced elsewhere in this by-law. 2. SECTION 2 – DEFINITIONS of By-law No. 79-200 is amended as follows: (a) by adding the following definitions alphabetically: “ARTICULATION” means the stepping out and/or recessing of a balcony, roof, awning, column, cornice or external wall of a building in plan and in section. “BAKE SHOP” means a building or part thereof in which food is prepared and offered for sale to the public but does not include a restaurant. “BALCONY” means an uncovered platform projecting from the façade of a wall or walls, cantilevered or supported by columns or brackets, located above the grade of the ceiling height of the first storey above the basement. “BACK-TO-BACK TOWNHOUSE DWELLING” means a building containing four or more dwelling units divided by vertical common walls above grade, and a common rear wall. “CAR SHARE” means the practice where a number of people share the use of one or more cars that are owned by a profit or non-profit car-sharing organization and where such organization may require that use of cars be reserved in advance, charge fees based on time and/or kilometers driven, and set membership requirements of the car-sharing organization, including the payment of a membership fee that may or may not be refundable. “CAR SHARE PARKING SPACE” means a parking space that is exclusively reserved and actively used for car-sharing. Page 16 of 24 Page 183 of 611 “EXTERIOR REAR WALL” means the exterior wall furthest from and opposite to the front entrance of a dwelling unit “FAÇADE” means the exterior of a building or structure exposed to public view. “GLAZING” means the fitting or furnishing of a building façade with glass. “PLACE OF WORSHIP” means a premises owned or occupied by a religious organization or congregation which is dedicated exclusively to worship and related social and charitable activities. “PRIVACY YARD” means the yard measured from the exterior rear wall of a dwelling unit, providing exclusive outdoor amenity space. “PUBLIC SCHOOL” means a publicly funded elementary school or secondary school facility operated by the Government of Ontario. “ROOF FEATURE” means a distinct architectural element erected above the top storey of a building or structure for the purposes of enhancing the design of the building or structure which may enclose any roof mounted mechanical equipment, mechanical penthouses, or other similar elements. Notwithstanding Section 4.7 of this By-law no water tank, elevator or other mechanical penthouse shall have a height greater than the roof feature unless clad to be aesthetically consistent with the roof feature. “STEPBACK” means the horizontal recessing of a building façade above a specified storey. “TOWER” means a building or structure with a minimum height of 12 metres above the average grade at the front of the building. “TOWER FLOOR PLATE” means the floor area of a tower measured from the outside of the exterior walls, but excluding inset and projecting unenclosed balconies. (b) by deleting the definitions for “BOARDING OR ROOMING HOUSE” “DETACHED DWELLING”, “DWELLING UNIT” and “SEMI-DETACHED DWELLING” and replacing them as follows: "BOARDING OR ROOMING HOUSE" means a dwelling building in which the proprietor supplies for gain, directly or indirectly, lodging with or without meals to three or more persons other than Page 17 of 24 Page 184 of 611 the proprietor but does not include a tourist establishment, hotel, hospital, home for the aged or other establishment otherwise classified or defined in this By-law; "DETACHED DWELLING” means a building containing one primary dwelling unit. “DWELLING UNIT” means a unit that: (i) consists of a self-contained set of rooms located in a building or structure; (ii) is used, intended or designed for use as residential premises; and (iii) contains kitchen and bathroom facilities that are intended for the use of the unit only means a self-contained set of rooms occupied or designed to be occupied as an independent and separate self-contained unit and shall include kitchen with cooking facilities and bathroom facilities that are intended for the use of the unit only. “SEMI-DETACHED DWELLING” means a building divided vertically into two primary dwelling units, each with an independent entrance to an exterior. 3. That SECTION 4.7 HEIGHT EXCEPTION of By-law No. 79-200 is deleted and replaced with the following: HEIGHT EXCEPTION: The height regulations of this By-law shall not apply to church place of worship elements (including belfries, spires, steeples and bell towers, and ornamental architectural features such as, but not limited to, cupolas and finials), chimneys, water tanks, elevator or mechanical penthouses, flag poles, clock towers, radio, solar panels, telephone, television or telecommunication towers and antennae, tents and mechanical amusement rides or devices in any Zone except as hereinafter provided or to farm buildings and farm structures (which shall not include buildings or structures to be erected or used for the purpose of human habitation) in an A Zone, an R Zone or an OS Zone and shall not apply to the following types of structures and buildings in HI Zones: processing towers, processing equipment and industrial process buildings. 4. That SUBSECTION 4.14(c) of By-law No. 79-200 is deleted and replaced with the following: 4.14 (c) open balconies not covered by a roof or canopy may project into any required front yard or rear yard or side yard a distance of not more than 1.8 metres and into any required side yard a distance of not more than 0.45 metres, notwithstanding open balconies not covered by a roof or canopy in an R4 or R5 Page 18 of 24 Page 185 of 611 zone may project into any required side yard a distance of not more than 1.8 metres; 5. That the parking requirements for a Place of Worship as set out in Table 1 of SECTION 4.19.1 (a) of By-law No. 79-200 is deleted and replaced with the following: Place of Worship 1 parking space for each 5 seats or for each 5 persons that can be lawfully accommodated therein at any one time 6. That SUBSECTION 4.19.3(a)(iii) of By-law No. 79-200 is deleted and replaced with the following: (iii) Maximum area of a rear yard which can be used as a surface parking area 40 square metres 7. That SECTION 4.40 NIGHTCLUBS of By-law No. 79-200 is amended by deleting SUBSECTION 4.40(i[BC1]) and the remainder of SECTION 4.40 NIGHTCLUBS is renumbered accordingly: (i) licensed or nightclub another from separated be shall nightclub A establishment by a minimum distance of 100 metres measured from premises to premises. (a) “A nightclub shall be separated from the boundary of a Residential Zone by a minimum distance of 45 metres.” (b) “Parking for a nightclub shall be provided at a rate of 1 parking space for each 5 persons that can be lawfully accommodated therein at any one time.” 8. That SECTION 4.44 AMENITY FOR APARTMENT DWELLINGS of By-law No. 79-200 is amended by adding “or stacked townhouse dwelling” after every reference to an “apartment dwelling”. 4.44 AMENITY AREAS FOR APARTMENT DWELLINGS OR STACKED TOWNHOUSE DWELLING (2022-095) 4.44.1 Within the R4, R5A, R5B, R5C, R5D, R5E and R5F zones a minimum amenity area of 20 square metres per dwelling unit shall be provided. 4.44.2. Section 4.44.1 shall not apply to an apartment dwelling or stacked townhouse dwelling for which, prior to By-law No. 2022- 095 coming into force, a complete application for amendment to the zoning by- law has been made under Section 34(10.2) of the Planning Act, R.S.O. 1990, has submitted drawings under Section 41(4) of the Page 19 of 24 Page 186 of 611 Planning Act, R.S.O.1990 or for which an amendment to the zoning by-law has come into effect under Sections 34(21) or (30) of the Planning Act, R.S.O. 1990. 9. That SECTION 5.10 MODEL HOMES of By-law No. 79-200 is amended by adding “and R4” after reference to “R3”: “5.10 MODEL HOMES: Model homes shall be permitted in all R1A, R1B, R1C, R1D, R1E, R1F, R2, R3, and R4 zones subject to the following provisions (i) the lands on which the model homes are to be constructed have received draft plan approval under the Planning Act and all appropriate agreements have been executed; (2008-148) (ii) a model home shall comply with the provisions of the zone in which it is located and the regulations of this By-law such that it will comply upon registration of the plan of subdivision; and (iii) the number of model homes in any draft approved plan of subdivision shall not exceed the lesser of ten (10) dwelling units or ten percent (10%) of the total number of lots.” 10. SECTION 7.9.1 is deleted and replaced with the following: (a) A townhouse dwelling containing not more than 8 dwelling units (b) A back-to-back townhouse dwelling (c) A stacked townhouse dwelling (d) An apartment dwelling (e) Group dwellings, provided that no townhouse dwelling in the group dwelling contains more than 8 dwelling units (f) Accessory buildings and accessory structures, subject to the provisions of sections 4.13 and 4.14 (g) A home occupation in a detached dwelling, or a dwelling unit of a semi- detached dwelling or a duplex dwelling, subject to the provisions of section 5.5 11. SECTION 7.9.2 is amended by adding “or back-to-back townhouse dwelling” after every reference of a townhouse dwelling, save and except for clause (n). Page 20 of 24 Page 187 of 611 (a) Minimum lot area (i) for a townhouse dwelling or back- to-back townhouse dwelling 250 square metres (2,691 sq. ft.) for each dwelling unit (ii) for an apartment dwelling or stacked townhouse dwelling 200 square metres (2,152.8 sq. ft.) for each dwelling unit (b) Minimum lot frontage (i) for a townhouse dwelling or back- to-back townhouse dwelling or an or stacked apartment dwelling townhouse dwelling containing more than four dwelling units 30 metres (98.4 ft.) (ii) for a townhouse dwelling or back- to-back townhouse dwelling or an apartment dwelling or stacked townhouse dwelling containing four dwelling units or less on an interior lot 24 metres (78.7 ft.) dwelling(iii) a for townhouse or back-to-back townhouse dwelling or an apartment dwelling or stacked townhouse dwelling containing four dwelling units or less on a corner lot 25.5 metres (83.7 ft.) (c) Minimum front yard depth (i) for a townhouse dwelling or back- to-back townhouse dwelling (93- 284) 6 metres (19.7 ft.) plus any applicable distance specified in section 4.27.1 (ii) for an apartment dwelling or stacked townhouse dwelling 7.5 metres (24.61 ft.) plus any applicable distance specified in section 4.27.1 (d) Minimum rear yard depth (i) for a townhouse dwelling or back- to-back townhouse dwelling 7.5 metres (24.61 ft.) plus any applicable distance specified in section 4.27.1 (ii) for an apartment dwelling or stacked townhouse dwelling 10 metres (32.81 ft.) plus any applicable distance specified in section 4.27.1 (e) Minimum interior side yard one-half the height of the building (f) Minimum exterior side yard width (i) for a townhouse dwelling or back- to-back townhouse dwelling 4.5 metres (14.8 ft.) plus any applicable distance specified in section 4.27.1 (ii) for an apartment dwelling or stacked townhouse dwelling 7.5 metres plus any applicable distance 24.6 ft. specified in section 4.27.1 (g) Maximum lot coverage 35% Page 21 of 24 Page 188 of 611 (h) Maximum height of building or structure 10 metres (32.81 ft.) subject to section 4.7 (i) Deleted by By-law No. 2011-136 (j) Number of dwellings on one lot subject to compliance with section 7.9.3, more than one dwelling is permitted on one lot (k) Parking and access requirements in accordance with section 4.19.1 (l) Accessory buildings and accessory structures in accordance with sections 4.13 and 4.14 (m) Minimum landscaped open space 45 square metres (484.4 sq. ft.) for each dwelling unit (n) Minimum privacy yard depth for each townhouse dwelling unit, as measured from the exterior rear wall of every dwelling unit (2008-148) 7.5 metres (o) Minimum amenity space for an apartment dwelling unit or stacked townhouse dwelling in accordance with section 4.44 12. SECTION 7.9.3 is amended by adding “or back-to-back townhouse dwelling” after every reference of a townhouse dwelling. 7.9.3 ADDITIONAL REGULATIONS FOR GROUP DWELLINGS: No person shall within any R4 Zone use any land or erect or use any building or structure for the purpose of group dwellings except in accordance with the provisions of sections 4, 5 and 7.10.2 as altered or extended by the following additional regulations: (a) The minimum lot area shall not be less than the sum of the minimum lot area requirements of clause (a) of section 7.9.2 of each townhouse dwelling or back-to- back townhouse dwelling and each apartment dwelling or stacked townhouse dwelling erected or to be erected on the lot. (b) Nothing in section 4.11 or in clause b of section 7.9.2 shall be deemed to require each townhouse dwelling or back-to-back townhouse dwelling and each apartment dwelling or stacked townhouse dwelling to front or abut upon a street. 13. SECTION 7.10.2 (m) is amended by adding “or stacked townhouse dwelling unit” after apartment dwelling unit. (m) Minimum amenity space for an in accordance with section 4.44 Page 22 of 24 Page 189 of 611 apartment dwelling unit or stacked townhouse dwelling unit 14. SECTION 7.11.2 (m) is amended by adding “or stacked townhouse dwelling unit” after apartment dwelling unit. (m) Minimum amenity space for an apartment dwelling unit or stacked townhouse dwelling unit in accordance with section 4.44 15. SECTION 7.12.2 (m) is amended by adding “or stacked townhouse dwelling unit” after apartment dwelling unit. (m) Minimum amenity space for an apartment unitdwelling or stacked townhouse dwelling unit in accordance with section 4.44 16. SECTION 7.13.2 (m) is amended by adding “or stacked townhouse dwelling unit” after apartment dwelling unit. (m) Minimum amenity space for an apartment unitdwelling stacked or townhouse dwelling unit in accordance with section 4.44 17. SECTION 7.14.2 (m) is amended by adding “or stacked townhouse dwelling unit” after apartment dwelling unit. (m) Minimum amenity space for an apartment dwelling unit or stacked townhouse dwelling unit in accordance with section 4.44 18. SECTION 7.15.2 (m) is amended by adding “or stacked townhouse dwelling unit” after apartment dwelling unit. (m) Minimum amenity space for an apartment dwelling unit or stacked townhouse dwelling unit in accordance with section 4.44 Page 23 of 24 Page 190 of 611 19. SECTION 8.2.2 (h) is deleted, and the remaining section renumbered accordingly. (h) Maximum floor area not specified 20. SECTION 8.5.2A(h) is deleted, and the remaining section renumbered accordingly. (h) Maximum floor area not specified 21. SECTION 8.6.2 (h) is deleted, and the remaining section renumbered accordingly. (h) Maximum floor area not specified Page 24 of 24 Page 191 of 611 Housekeeping Update City Initiated General Amendments to Zoning By-law 79-200 AM-2024-033 / PLZBA20240779 Tuesday January 14, 2025 1Page 192 of 611 Lands Affected by Zoning By-law No. 79-200 •By-law No. 79-200 covers most urban areas •By-law was adopted in 1979 •Updates are made to Comprehensive Zoning By-laws from time to time, which: •Address contemporary development trends •Implement housekeeping and technical revisions •Modernize and improve the clarity of zoning provisions Background 2 Housekeeping Amendment AM-2024-33Page 193 of 611 Proposed ChangesHousekeeping AmendmentAM-2024-0333Page 194 of 611 Housekeeping Amendment AM-2024-33Housekeeping Revisions Proposed Changes •Deleting Section 1.4 (Boldfaced Words) •Referencing boldfaced defined terms is outdated, as the practice has been discontinued. •Removing all instances of ‘not specified’ regulations •Several regulations, including those related to maximum floor area, are marked as 'not specified,' rendering them inapplicable. Purpose •Eliminates unnecessary test for greater clarity and usability •Does not alter the intent or application of the by-law 4Page 195 of 611 Housekeeping Amendment AM-2024-33Updating Definitions Proposed Changes •New Definitions •Introducing terms referenced in the by-law but not defined: •Introducing terms commonly used in site-specific by-laws: •Revised Definitions •Revising several definitions for clarity, including: •Detached dwelling 5 Purpose •Reflects modern development trends and practices & addresses ambiguous and outdated terminology •Articulation •Back-to-back townhouse dwelling •Car share •Car share parking space •Dwelling unit •Bake shop •Balcony •Façade •Lodging or boarding house •Semi-detached dwelling •Exterior rear wall •Glazing •Place of worship •Privacy yard •Roof feature •Public school •Stepback •Tower •Tower floorplate Page 196 of 611 Housekeeping Amendment AM-2024-33Place of Worship Regulations Proposed Changes •Adding a definition for ‘place of worship’ •Updating Height Exceptions (Section 4.7) •To include various religious architectural features •Updating Parking Requirements (Section 4.19. 1 (a)) •Adjusting parking requirement for ‘place of worship’ to reference capacity rather than seating Purpose •Update zoning provisions to be more modern and inclusive of a variety of religious structures and practices 6Page 197 of 611 Housekeeping AmendmentAM-2024-33Parking in Rear Yards (R1-R3 Zones) Proposed Change •Revise language in Section 4.19.3 (a) (iii) to reference ‘surface parking area’ instead of ‘parking area’ Purpose •Excludes language that may permit detached garages to be part of the 40 sqm rear yard parking limit •Provides greater clarity and implementation for the regulation 7Page 198 of 611 Housekeeping Amendment AM-2024-33Balcony Projections Proposed Change •Revise Section 4.14 (Yards) to allow balconies to project up to 1.8 metres into required side yards in R4 and R5 zones Purpose •Provides consistency with projects permitted for front and rear yards •Reduces the need for site-specific amendments and minor variances 8Page 199 of 611 Housekeeping Amendment AM-2024-33Nightclub Regulations Proposed Change •Revise Section 4.40 (Nightclubs) to remove the 100 metre separation distance between nightclubs and licensed establishments Purpose •Maintains 45 metre separation from residential zones •Permits establishments in zone where they are intended to be located •Encourages downtown revitalization 9Page 200 of 611 Housekeeping Amendment AM-2024-33Amenity Space Regulations for Stacked Townhouses Proposed Change •Apply the same minimum amenity space requirement (20 sqm per unit) as apartment dwellings Purpose •Ensures consistency in urban design and resident access to amenity space •Aligns regulations with the original intent for stacked townhouses in the R5 zones 10Page 201 of 611 Housekeeping Amendment AM-2024-33Model Homes in the R4 Zone Proposed Change •Permit model homes for townhouse developments in the R4 zone Purpose •Reduces the need for site-specific amendments •Supports the growing demand for townhouse developments 11Page 202 of 611 Housekeeping Amendment AM-2024-33Back-to-Back Townhouses in the R4 Zone Proposed Changes •Add ‘back-to-back townhouse dwelling’ as a defined and permitted use in the R4 zone •Apply regulations consistent with townhouse dwellings Purpose •Reflects evolving housing trends •Aligns with modern and current development practices •Provides greater clarity and consistency 12Page 203 of 611 Housekeeping Amendment AM-2024-33Public Comments •Staff held an Open House on Monday December 9, 2024, which had no attendees •Notice of Open House and Public Meeting were advertised in Niagara Falls Review and Posted on the City Website •No comments have been received 13Page 204 of 611 Lands Affected by Zoning By-law No. 79-200 That Council APPROVE the general amendments to Zoning By-law No. 79-200, as outlined in Report PBD-2025-04 Recommendation 14 Housekeeping Amendment AM-2024-33Page 205 of 611 PBD-2025-05 Planning Report Report to: Mayor and Council Date: January 14, 2025 Title: City Initiated Zoning By-law Amendment AM-2024-034 (PLZBA20240780), Updated Additional Dwelling Unit Regulations Recommendation(s) 1. That Council APPROVE the amendments to Zoning By-law No. 79-200, to update Section 4.45 Additional Dwelling Unit regulations, as outlined in this report. Executive Summary The Provincial Planning Statement, 2024, came into effect on October 20, 2024, and introduced policies allowing up to two Additional Dwelling Units (ADUs) on lots within prime agricultural areas where residential dwellings are permitted, in accordance with provincial which enacted, 462/24 was Ontario Additionally, guidelines. Regulation reduced zoning restrictions for ADUs, further supporting their development. In response, Staff have initiated a Zoning By-law Amendment to align the City’s regulations with provincial requirements, including permitting up to two ADUs in rural areas, corresponding and typologies townhouse to regulations updating include residential zones permitted ‘as-of-right’, and updating maximum lot coverage regulations to permit 45% as per O.Reg 462/24. In addition to provincial requirements, staff have also proposed revising height and setback requirements for Detached ADUs, introducing new regulations to enhance privacy and compatibility, and minor housekeeping amendments to improve clarity, consistency, and alignment within the Zoning By-law. The amendments are recommended to:  Align the City’s zoning regulations with provincial policies and requirements.  Ensure appropriate massing, siting, and compatibility for ADUs in urban and rural areas.  Provide additional opportunities for the creation of attainable and affordable housing units.  Support Provincial, Regional, and local goals to diversify the housing supply and address current and future housing needs. Page 1 of 24 Page 206 of 611 Background In October 2023, City Council adopted updated ADU policies and regulations to align with the Planning Act changes introduced by Bill 23 (PBD-2023-61). These updates permitted up to two ADUs “as-of-right” on parcels in urban areas with detached, semi- detached, and rowhouse dwellings. The updates also expanded permissions to include ADUs in duplex dwellings and allowed one ADU on parcels in rural areas where detached dwellings are permitted. Since these changes, the City has seen a substantial increase in the uptake of ADUs. In 2024, approximately 90 building permits have been issued to date for ADUs, with the majority being for units within existing dwellings. This marks a notable increase from the 37 building permits issued for ADUs in 2023. Furthermore, the City has processed 8 minor variance applications this year to support ADU construction, the majority of which were to permit ADUs in the R4 zone, where a legally existing housing type was already in place. Additionally, several provincial legislative changes this year have influenced ADU permissions, as outlined in this report. In response to these changes, as well as common minor variance applications and public input received over the last year, Staff have ADU align aims amendment The to by-law zoning a initiated amendment. and regulations with provincial policies, address identified challenges, ensure appropriate built form and compatibility, particularly for ADUs located in accessory buildings. The following is a general summary of the proposed changes:  Provincial Requirements: o Update regulations to permit two ADUs in rural areas and to include all applicable dwelling types and zones where ADUs are permitted as-of-right by the Province. o As per provincial guidelines, update lot coverage regulations to permit a maximum of 45% lot coverage for all buildings and structures on a lot with a detached ADU.  City Initiated: o Establish a provision for a landscape strip to be provided in the required side yard for a detached ADU. o Establish setback requirements for detached ADUs on a corner lot. o Introduce separate height regulations for urban and rural detached ADUs, including a proposed reduction in height for detached ADUs in urban areas. o Introduce regulations to restrict openings on facades of detached ADUs above a certain height. o Update the definitions for ‘additional dwelling unit’ and ‘parcel of rural land’ to incorporate the proposed changes. It is important to highlight that provincial policies allow up to three residential dwelling units “as-of-right” on urban residential parcels with detached, semi-detached, or Page 2 of 24 Page 207 of 611 rowhouse dwellings, as well as on lots in prime agricultural areas where residential use is permitted. These permissions are already in effect and provide the framework within which the City’s regulations must align. In addition, it should be noted that ADU’s must also adhere to the regulations and requirements listed in:  The City of Niagara Falls Zoning By-law 79-200, which regulates lot coverage, setbacks, height, and other elements of ADUs.  Ontario Building Code and Fire Code.  The City of Niagara Falls Official Plan which prohibits the severance of ADUs from the main dwelling, restricts the alteration of the overall appearance and character of the existing dwelling and also states that all ADUs in accessory buildings must have access to sanitary, water, and electrical services. ADUs are not permitted to be used as Vacation Rental Units (VRUs) in residential areas as of right, the City’s Official Plan contains policies that regulates VRUs and the Zoning By-law restricts their use to only designated tourist zones, as of right. These zones are commercial in nature and do not permit the development of ADUs. Circulation Comments Information about the Zoning By-law amendment was circulated to City departments, the Region, and agencies for comments. The following summarizes the comments received. Municipal Works (Transportation Services)  Transportation Services provided feedback recommending that any side or rear yard setbacks account for the protected road allowance setback requirements outlined in Section 4.27 of the Zoning By-law. o In response, Planning Staff have incorporated a reference to Section 4.27 into the setback regulations for ADUs under Section 4.45 to ensure compliance with the protected road allowance setback requirements. Regional Municipality of Niagara  Regional Staff confirmed that the draft amendment is consistent with Provincial and Regional Policy.  Regional Staff noted that the establishment of ADUs in rural areas typically result in increased sewage flows, potentially requiring the installation of a new sewage system. Regional Staff recommended incorporating language into Section 4.45 specifying that private servicing requirements must be met for any ADU and advising private review servicing for Regional contact to owners Staff requirements. o City Staff note that private servicing requirements are addressed in the City’s ADU Guidelines and outlined on the ADU webpage. As servicing is not be will requirements these under Zoning the regulated By-law, managed at the Building Permit application stage. Page 3 of 24 Page 208 of 611 Fire, Municipal Works (Development Services), Information Services (GIS), Enbridge Gas, Ministry of Transportation, and Bell Canada had no comments or concerns with the proposed amendment. No other comments or objections have been received from departments or agencies to date. Public Comments Staff held a Public Open House on Wednesday December 11, 2024, to gather input on the proposed amendments for ADUs. Notice of the Open House was published in the Niagara Falls Review and posted on the City’s website. Three members of the public attended and expressed support for ADUs as a means of increasing housing supply. Several comments were provided by all attendees, opposing the proposed reduction in maximum height for Detached ADUs. Key concerns included:  A reduced height may result in larger building footprints to provide sufficient living space, consuming more rear yard area.  The interior side yard setback of 1.2 metres is the same for both ADUs and the main dwelling, which are mainly permitted to be 10 metres tall with second-storey windows, resulting in similar potential for overlook.  Ontario Building Code requirements for different foundation types have varying sizes which contribute to the overall height, reducing useable wall height and restricting living space.  Restricting the height could result in an increase of Minor Variance applications to exceed the height limit.  Comments highlighted that the Province’s policies aim to reduce zoning barriers for ADUs and reducing height regulations may conflict with this direction.  Attendees notes that other municipalities in the Niagara Region have used the current City ADU by-law as a model due to its flexibility.  It was noted that the current rental market is primarily one-bedroom units and there living diverse accommodate to is multi-bedroom for need rentals arrangements and reducing the maximum height could limit the feasibility of building multi-bedroom units. In response, Staff have proposed a revised maximum height regulation of 4 metres to the top of walls and supporting posts, and 6 metres to the roof peak. The proposed revision is still a reduction from the current maximum of 7 metres, it is slightly higher than the original proposed amendment of 5 meters. This adjustment would allow for the construction of 1.5-storey Detached ADUs, rather than full 2-storey structures. This revised height is intended to balance privacy and compatibility concerns with the feasibility of constructing Detached ADUs. The provision prohibiting openings above the height of 4.5 meters will help mitigate potential overlook issues, addressing concerns raised by the public. These revisions reflect efforts to incorporate public feedback while ensuring the proposed regulations support the City’s goals of facilitating housing development and maintaining neighborhood compatibility. Page 4 of 24 Page 209 of 611 Additionally, concerns were raised by one attendee regarding the potential use of Detached ADUs as VRUs. The City’s current policies do not permit VRUs in residential areas. The City is currently exploring opportunities to permit owner-occupied short term rentals in residential areas, however if approved, these would operate similar to bed and breakfast establishments. This will be brought to Council at a future meeting. Analysis The City’s Housing Needs and Supply Report, 2022, highlighted the significant potential for ADUs to contribute to the City’s housing stock. ADUs provide the following benefits:  Offering a more attainable/affordable rental housing option, which can help address housing affordability challenges.  Contributing to "missing middle" housing by increasing housing diversity to meet the needs of various family sizes and offering both market and affordable rental housing options.  Supporting gentle neighbourhood intensification without significantly altering the character of existing communities.  Allowing seniors to age in place by remaining in their homes and neighborhoods as their space needs decrease.  Providing opportunities for homeowners to generate supplemental income through rentals, which can help with mortgage payments, ultimately improving housing affordability.  Facilitating multigenerational living by allowing extended families or live-in caregivers to reside together while maintaining independent living arrangements.  Promoting sustainable urban growth by making more efficient use of existing infrastructure and land  Contribute to the City’s Housing Pledge of building 8,000 new units by 2031. As such, Staff want to ensure that the City’s policies are flexible while still ensuring compatibility. The proposed revisions are in line with Provincial policies and as well as address some of the concerns heard by staff such as compatibility, privacy concerns, issues with height of existing buildings, etc. Planning Act Bill 23, More Homes Built Faster Act, 2022 Bill 23 came into effect November 2022 and amended the Planning Act to permit a total of three residential dwelling units on a parcel of urban residential land containing a detached, semi-detached, or rowhouse dwelling ‘as-of-right’. These units can be configured as either three units within the main dwelling or two within the main dwelling and one in an accessory building. Parcels of urban residential land are defined as lots within the urban area boundary where residential use is permitted with municipal services. Further key changes that affected ADUs included: Page 5 of 24 Page 210 of 611  No appeal for Official Plan policies and Zoning By-law provisions adopted to authorize the use of ADUs on any parcel of land (Section 17(24.1) and Section 34(19.1)).  Limiting parking requirements to a maximum of one space per ADU (Section 16(3.1)).  Elimination of minimum floor area requirements for ADUs (Section 16(3.2)).  Exemption of ADUs from development charges under the Development Charges Act Bill 185, Cutting Red Tape to Build More Homes Act, 2024 Part V of the Planning Act contains the basic tools to control land use, including zoning by-laws. Bill 185, which came into effect in June 2024, introduced significant changes through the addition of Section 49.3, authorizing regulations that exempt prescribed ADUs from certain land use controls under Part V of the Act. Furthermore, subsection 35.1 (2) of the Planning Act, which previously authorized the Minister to establish requirements and standards for ADUs permitted “as-of- right”, has been re-enacted by Bill 185 to apply more broadly. This expanded scope now includes all additional residential units on a lot, beyond just those permitted “as-of-right”. Additionally, the Minister’s authority also extends to regulating not only the additional residential units themselves but also the land and buildings in which they are located. These changes provide the Minister with the ability, through future regulations, to exempt ADUs from zoning by-law requirements that may restrict their development, enhancing flexibility and facilitating broader ADU implementation. Ontario Regulation 462/24: Additional Residential Units Following were amendments 185, Bill granted authority expanded the under proposed to Ontario Regulation 299/19 under the Planning Act, to reduce restrictive zoning by-law requirements for ADUs. These proposed amendments included:  Removing angular plane requirements.  Allowing a maximum lot coverage of 45% for all building and structures on parcels with ADUs.  Overriding all Floor Space Index (FSI) requirements.  Eliminating minimum lot size or area requirements specific to parcels with ADUs.  Limiting building distance separation requirements for any building containing an ADU. Following this, Ontario Regulation 462/24 was enacted to implement the proposed changes. These measures are designed to support ADU development by reducing zoning restrictions, aligning with the Province’s goals of increasing housing supply and improving affordability. The City’s proposed amendments are consistent and conform with the above noted changes to the Planning Act. Page 6 of 24 Page 211 of 611 Provincial Planning Statement, 2024 The Provincial Planning Statement (PPS, 2024), issued under Section 3 of the Planning Act, came into effect on October 20, 2024. All decisions affecting planning matters must be consistent with the PPS. A key change introduced in the PPS (2024) is the requirement to permit up to two ADUs on lots in prime agricultural areas where residential dwellings are permitted. It is required that one of these ADUs must be located within the main dwelling, with both being subject to the following provincial guidance:  Compliance with Minimum Distance Separation (MDS) formulae.  Compatibility with surrounding agricultural operations, ensuring no hinderance to these operations.  Provision of appropriate sewage and water services.  Addressing any public health and safety concerns.  Limiting scale and ensuring location within, attached to, or in close proximity to the main dwelling or farm building cluster.  Minimizing land removed from agricultural production. The PPS (2024) also restricts the severance of ADUs from the main dwelling unless part of an agricultural farm surplus severance. In such cases, new residential units and ADUs, are prohibited on the severed farmland parcel to protect its agricultural use. The PPS further supports the role of ADUs in meeting housing policy objectives by identifying them as part of the range and mix of housing options required to support complete communities. This aligns with the PPS directive for municipalities to provide an appropriate range and mix of housing types and densities to meet current and future needs. Regional Official Plan, 2022 The Regional Official Plan encourages the use of ADUs as a key tool to support the development of affordable and attainable housing. The Plan permits up to two ADUs within new or existing residential development, subject to compliance with Provincial legislation and appropriate criteria for land use, size and location. Additionally, the Region’s Official Plan encourages site standards that facilitate ADU development including reduced setbacks, narrower lot sizes, and reduced parking requirements. The proposed amendments align with and conform to the policies set out in the Regional Official Plan. City’s Official Plan The City’s Official Plan includes policies that support the development of ADUs. These policies permit up to two ADUs on a lot with detached, semi-detached, duplex or townhouse dwellings in urban areas and one ADU on lots with detached dwellings in rural areas. Existing policies also ensure that: Page 7 of 24 Page 212 of 611  The lot size and configuration can accommodate sufficient parking, servicing requirements, green space, and amenity areas for all dwelling units.  The overall appearance and character of the existing dwelling are maintained.  ADUs cannot be severed from the main dwelling. While the Official Plan requires an update to align policies with provincial changes permitting two ADUs in rural areas, this amendment is not being advanced at this time. The City is currently in the process of preparing a new Official Plan, and these changes will be incorporated as part of that process. In the interim, the Provincial Planning Statement, 2024 provides clear policy direction to permit two ADUs in rural areas, serving as the applicable policy framework where municipal policies are not yet aligned. All other proposed amendments are consistent with and conform to the policies in the City’s Official Plan. Zoning By-law 79-200 into provisions zoning to bring includes amendment proposed The changes conformity with provincial policy, addressing built form and compatibility matters, as well as minor housekeeping changes. The draft zoning by-law amendment is attached as Appendix 1 and a redlined version illustrating the changes is attached as Appendix 2. The changes are summarized as follows: a. Revision to 4.45.1 (Parcel of Urban Residential Land) provisions to include all applicable dwelling types and zones Section 4.45.1 regulates where ADUs are permitted in the urban areas, currently allowing up to two ADUs on parcels with detached, semi-detached, duplex, or on- street townhouse dwellings in the R1A-F, R2, R3, DC, DTC, and TRM zones. To align with the Planning Act, which uses the term ‘rowhouse’ for housing types where ADUs are permitted “as-of-right”, the proposed amendment includes adding townhouses and back-to-back townhouses as eligible housing types. As ‘rowhouse’ is commonly understood to encompass various townhouse forms, this amendment ensures zoning stacked except by-law, the types defined townhouse all in townhouses which are treated as apartment dwellings, are included. This where zone, R4 the to ADU expand would amendment permissions townhouses are permitted. To simplify implementation and reduce inconsistencies, it is also proposed to remove reference to specific zones where ADUs are allowed. Instead, permissions would be determined by the definition of ‘parcel of urban residential land’ and where the housing typologies specified in the regulation are permitted. This change aligns City regulations with provincial policies and addresses issues where site-specific by-laws have been required for legally existing dwelling types in Page 8 of 24 Page 213 of 611 zones that did not allow ADUs. By removing specific zone references, the proposed amendment provides greater flexibility and clarity for the by-laws implementation while not altering the overall intent of the regulation. b. Revision to 4.45.2 (Parcel of Rural Land) provision to allow up to two ADUs As noted, the Provincial Planning Statement, 2024 introduced policies to allow up to two ADUs on lots with detached dwellings in prime agricultural areas. Within the City, prime agricultural areas are designated as Good General Agriculture in the City’s Official Plan, corresponding to the Agricultural (A) and Rural (R) zones under the Zoning By-law. Section 4.45.2 regulates ADUs in these areas, referred to as rural land, and is proposed to be updated to permit a maximum of two ADUs to conform with the PPS (2024). Currently, the City permits a maximum of one ADU in these areas, subject to specific conditions including that residential use is permitted and private sewer and water services are available. Additionally, for ADUs in accessory buildings in these areas they are subject to complying with MDS formulae, they cannot be located in any building used for agricultural use and cannot be located more than 15 metres from the detached dwelling. The amendment proposes to permit a maximum of two ADUs in these areas, subject to the appropriate conditions noted, to ensure City policies and regulations conform with the PPS (2024). The amendment adopts the same configuration options as the urban area regulations, permitting one or both ADUs to be within the main dwelling or one in the main dwelling and one in an accessory building. However, to remain consistent with provincial guidance, at least one ADU must be located within the main dwelling. This change ensures that the City’s regulations align with provincial requirements, supporting the development of ADUs while maintaining consistency with the broader planning framework. c. Revisions affecting 4.45.4 (Additional Dwelling Units in Accessory Buildings) regulations for Detached ADUs Staff have noted several opportunities to improve regulations for ADUs in accessory buildings or Detached ADUs which are summarized as follows: i. Introducing landscape strip requirements in required side yards To enhance aesthetics, privacy, and compatibility with neighbouring properties, it is proposed to introduce a regulation requiring a landscape strip to be provided within the required side yard adjacent to a Detached ADU. The Page 9 of 24 Page 214 of 611 proposed landscape strip may include grass, flowers, shrubbery, any surfaced walk and may include a visual barrier such as a fence or hedge. This regulation is proposed to help improve the visual appeal of properties while and ADUs between buffer Detached natural a providing privacy neighbouring properties, ensuring an appropriate integration of ADUs. ii. Introducing corner lot side yard setback requirements Currently, 4.45.4 (a) regulates minimum rear and interior side yard setbacks for Detached ADUs consistent with setback requirements for accessory buildings. However, no minimum setback requirements are specified for side yards on corner lots, which was an inadvertent omission in the previous update to ADU regulations. To address this, it is proposed to introduce Section 4.45.4 (c) which would establish a minimum side yard setback requirement of 4.5 metres for corner lots, consistent with the accessory building requirements in Section 4.13. This amendment ensures appropriate setbacks for Detached ADUs on corner lots, for accessory all with regulations and clarity providing consistency buildings. It also helps ensure that Detached ADUs are sited in a manner that supports compatibility with the surrounding built form and maintains the intent of the by-law. iii. Updating maximum lot coverage regulation Currently, Detached ADUs are subject to the following lot coverage provisions:  The total lot coverage of all accessory buildings and structures on a lot shall not exceed 93 square metres.  The total lot coverage of all buildings and structures on the lot shall not exceed the maximum lot coverage regulation for the specific zone. Under O.Reg 462/24, the Province requires that lots with ADUs must have a maximum lot coverage of 45%. While most residential zones where ADUs are permitted already comply with this requirement, the proposed inclusion of the R4 zone, which currently limits lot coverage to 35%, does not align with provincial regulations. To address this, it is proposed to introduce a “save and except” clause within the existing lot coverage regulation, to permit lots in the R4 zone containing a Detached ADU to have a maximum lot coverage of 45%. This amendment ensures requirements provincial with while regulations City that comply maintaining consistency across residential zones. Page 10 of 24 Page 215 of 611 iv. Updating maximum height regulations Currently, the maximum height permitted for a Detached ADU is 7 metres, with a maximum of 5.5 metres to the top of walls or supporting posts. Staff have identified compatibility concerns with this height allowance, as it permits two- storey ADUs, which have led to complaints regarding privacy, massing, and neighbourhood compatibility. To address these concerns, an initial proposal was made to reduce the maximum height for Detached ADUs in urban areas to 5 metres, with a maximum of 3.6 metres to the top of walls or supporting posts. In response to public feedback, Staff have revised the proposal to increase the maximum height to 6 metres at the roof peak, with a maximum of 4.5 metres to the top of walls or supporting posts. This adjustment strikes a balance by reducing the height to prevent the construction of full two-storey ADUs, ensuring compatibility with neighboring properties, while still allowing for functional and well-designed 1.5-storey ADUs. Additionally, a new provision is proposed to allow existing accessory buildings exceeding the new height maximum to be converted into ADUs, provided they meet all other regulations, including setbacks and maximum lot coverage. This ensures that existing structures can be converted without requiring a Minor Variance, streamlining the process for property owners while recognizing the established built form. It is also proposed to maintain the existing height regulation of 7 metres for Detached ADUs in rural areas. These locations typically offer larger lot sizes and greater separation between properties, making them more appropriate for ADUs of this height. Retaining the current height limit in rural areas provides flexibility for rural ADU development without creating the same compatibility concerns present in urban areas. These amendments aim to address concerns related to massing, privacy and neighbourhood compatibility while supporting the development of ADUs that are appropriately scaled and suited to their surroundings. v. Limiting openings above 4.5 metres on facades facing interior side and rear lot lines To enhance privacy for neighbouring properties, a new regulation is proposed to restrict openings, such as windows, above a height of 4.5 metres on any facades of Detached ADUs facing interior side and rear lot lines. This regulation is proposed to balance the development of ADUs with protecting the privacy of adjacent properties. In existing neighborhoods with Page 11 of 24 Page 216 of 611 smaller lot sizes or closely spaced dwellings, higher level openings on ADUs can result in direct sightlines into adjacent properties, raising privacy concerns. By limiting openings above a certain height on these facades, the amendment mitigates potential overlook concerns, ensuring greater compatibility with neighbouring properties. d. Housekeeping amendments Staff have identified and proposed the following housekeeping updates to improve clarity, alignment, and consistency within the City’s zoning by-law: i. Definition updates It is proposed to update the definition of “additional dwelling unit” to reflect the inclusion of townhouses and back-to-back townhouses as permitted dwelling types for ADUs. Additionally, the definition of ‘parcel of rural land’ is proposed to be amended to remove The use. residential ancillary of the the to reference exemption reference was an oversight in the original ADU provisions, as residential uses in rural areas are inherently ancillary. ii. Amend zone permissions Several zone provisions for permitted uses are proposed to be amended to include ADUs where they are permitted as-of-right under provincial legislation, provided met. the Additionally, are other by-law zoning all regulations Agricultural and Rural zone’s permitted uses sections are proposed to be amended to include more than one ADU, consistent with the proposed changes outlined in this report. iii. Restructuring provisions To enhance clarity, it is proposed to restructure the ADU provisions by and concise, language the more wording, repetitive removing making incorporating specific provisions for rural Detached ADUs under the overall Detached ADU regulations. This ensures consistency and avoids omissions, clearly indicating that all Detached ADUs, including those in rural areas, are subject to the same overarching regulations such as setbacks and lot coverage. Provisions will be renumbered accordingly. These and housekeeping amendments are intended to align definitions provisions with the proposed regulations, enhance the clarity of the zoning by- law, and ensure consistency in its application. Page 12 of 24 Page 217 of 611 Ontario Building Code The Ontario Building Code (OBC) establishes the minimum construction standards for ADUs to ensure safety, accessibility, and livability. These standards apply to ADUs located within existing dwellings as well as in accessory buildings. Key OBC requirements for ADUs include provisions for fire safety, structural integrity, sound separation, natural lighting, ventilation, and ceiling heights to ensure safe and comfortable living conditions. Additionally, compliance with plumbing, electrical, and mechanical system standards is required to support functional and safe living spaces. Specific to Detached ADUs, the City enforces the following requirements to ensure emergency access and safety:  A minimum 1.0-metre-wide unobstructed path of travel must be provided from the public street to the entry of the Detached ADU, with at least 2.1 metres of clearance overhead.  The Detached ADU must be no more than 45 metres from the public street to its entry.  An approved emergency access sign must be clearly posted on the property at the entry of the access path, in accordance with Fire Prevention sign requirements. These requirements ensure that Detached ADUs are not only safe and accessible for and response emergency for standards meet also but residents critical compliance with local regulations. Financial Implications/Budget Impact There are no direct financial implications arising from this report. Strategic/Departmental Alignment The proposed amendments align with the Social Sustainability Pillar of the 2023-2027 Strategic Plan by promoting sustainable growth within the City. They directly contribute to the ADU Program action item by facilitating the development of ADUs which enhance the diversity of the housing stock, contribute to housing attainability and the City’s housing needs. Strategic Plan Pillars Sustainability - Social Working in partnership with the Niagara Region to ensure residents have access to basic needs, ensuring that Niagara Falls is a livable, inclusive and supportive community for all. List of Attachments APPENDIX 1 - Draft Additional Dwelling Unit Zoning By-law Amendment Page 13 of 24 Page 218 of 611 APPENDIX 2 - Draft Redlined Additional Dwelling Unit Zoning By-law Amendment Written by: Danielle Foley, Senior Planner, Long Range Planning Initiatives Submitted by: Status: Signe Hansen, Director of Planning Approved - 07 Jan 2025 Kira Dolch, General Manager, Planning, Building & Development Approved - 07 Jan 2025 Jason Burgess, CAO Approved - 08 Jan 2025 Page 14 of 24 Page 219 of 611 1 APPENDIX 1 CITY OF NIAGARA FALLS By-law No. 2025-XXX A by-law to amend By-law No. 79-200 to align Additional Dwelling Unit regulations within the City of Niagara Falls with Provincial policies (AM-2024-034). WHEREAS More Homes Built Faster Act, 2022, S.O. 2022, c.21 - Bill 23, amended the Planning Act, R.S.O. 1990, C.P.13 (the “Planning Act”) to permit two Additional Dwelling Units ‘as of right’ on certain parcels of urban residential land for a total of three dwelling units on a lot; AND WHEREAS Bill 185, Cutting Red Tape to Build More Homes Act, 2024 amended the Planning Act to remove barriers for the development of Additional Dwelling Units by enhancing the Minister’s ability, through subsequent regulation, to exempt Additional Dwelling Units from certain zoning by-law requirements that may be limiting the development of Additional Dwelling Units; AND WHEREAS Ontario Regulation 462/24 amended Ontario Regulation 299/19 ADDITIONAL RESIDENTIAL UNITS, made under the Planning Act, to remove zoning by- law requirements that limit the development of Additional Dwelling Units; AND WHEREAS the Provincial Planning Statement, 2024 was adopted to permit up to two Additional Dwelling Units on a lot in a prime agricultural area where a residential dwelling is permitted; AND WHEREAS in order to bring the Additional Dwelling Unit policies and regulations of the City of Niagara Falls into alignment with provincial policy, it is deemed desirable to amend By-law No. 79-200 accordingly. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That SECTION 2 – DEFINITIONS of By-law No. 79-200 is amended as follows: (a) by deleting the definition for “ADDITIONAL DWELLING UNIT” and replacing it with the following: “ADDITIONAL DWELLING UNIT” means a dwelling unit contained within a detached dwelling, semi-detached dwelling unit, duplex dwelling unit, townhouse dwelling unit, back-to-back townhouse dwelling unit, or an on- street townhouse dwelling unit or within an accessory building accessory to a detached dwelling, semi-detached dwelling unit, duplex dwelling unit, townhouse dwelling unit, or an on-street townhouse dwelling unit; and Page 15 of 24 Page 220 of 611 2 (b) by deleting the definition for “PARCEL OF RURAL LAND” and replacing it with the following: “PARCEL OF RURAL LAND” means a parcel of land that is outside the urban area boundary, on which a residential use is permitted, and which is served by private sewer and water services. 2. That SECTION 4.45 ADDITIONAL DWELLING UNITS of By-law No. 79-200 is deleted and replaced with the following: 4.45 ADDITIONAL DWELLING UNITS 4.45.1 PARCEL OF URBAN RESIDENTIAL LAND: The following provisions shall apply: (a) two additional dwelling units may be permitted on a parcel of urban residential land where a detached dwelling, semi-detached dwelling unit, townhouse dwelling unit, back-to-back townhouse dwelling unit, or an on- street townhouse dwelling unit is permitted, subject to the regulations of subsections 4.45.3 and 4.45.4 of this By-law. This may be either: i. two additional dwelling units within a detached dwelling, semi- detached dwelling unit, townhouse dwelling unit, back-to-back townhouse dwelling unit, or an on-street townhouse dwelling unit; or ii. one additional dwelling unit in a detached dwelling, semi- detached dwelling unit, townhouse dwelling unit or an on-street townhouse dwelling unit and one additional dwelling unit in an accessory building to a detached dwelling, semi-detached dwelling unit, townhouse dwelling unit or an on-street townhouse dwelling unit. (b) one additional dwelling unit may be permitted on a parcel of urban residential land where a duplex dwelling is permitted, subject to the regulations of subsections 4.45.3 and 4.45.4 of this By-law. This may be: i. one additional dwelling unit in a duplex dwelling or one additional dwelling unit in an accessory building to a duplex dwelling. 4.45.2 PARCEL OF RURAL LAND: The following provisions shall apply: (a) two additional dwelling units shall be permitted on a parcel of rural land where a detached dwelling is permitted, on lands zoned A or R, subject to Page 16 of 24 Page 221 of 611 3 the regulations of subsections 4.45.3 and 4.45.4 of this By-law. This may be either: i. two additional dwelling units within a detached dwelling, or ii. one additional dwelling unit in a detached dwelling and one additional dwelling unit in an accessory building to a detached dwelling. 4.45.3 PARKING: Parking and access requirements in accordance with section 4.19.1 of this By-law. 4.45.4 ADDITIONAL DWELLING UNITS IN ACCESSORY BUILDINGS: notwithstanding Section 4.13 of this By-law, additional dwelling units in an accessory building are subject to the following regulations: (a) May be permitted in a rear yard or interior side yard provided the unit shall be a minimum of 1.2 metres from the rear lot line and interior side lot lines, save and except for unsupported canopies, eaves or gutters which may project a distance of not more than 0.45 metres into the required yard, plus any applicable distance specified in section 4.27.1; (b) A landscape strip is required to be provided within the required side yard adjacent to an accessory building containing an additional dwelling unit, and shall include grass, flowers, shrubbery and other landscaping and includes any surfaced walk, and may include a visual barrier; (c) Shall not be erected on a corner lot closer than 4.5 metres to the side lot line abutting a street line or a reserve, plus any applicable distance specified in section 4.27.1; (d) No roofed-over one storey porch or deck shall be closer than 1.2 metres from the rear lot line; (e) The total lot coverage of all accessory buildings and accessory structures on a lot shall not exceed 93 square metres and in no case shall the total lot coverage of all buildings and structures exceed the maximum lot coverage regulation of the specific zone, save and except for an R4 Zone where a maximum lot coverage of 45% is permitted; (f) Shall not exceed 4.5 metres in height, provided that an accessory building containing an additional dwelling unit with a pitched roof may be erected to a height not exceeding 6 metres, but in no event shall any part of the walls or supporting posts, excluding any gable or dormer, exceed Page 17 of 24 Page 222 of 611 4 4.5 metres in height, save and except for an accessory building existing as of the date of the passing of this By-law, provided that all other regulations of 4.45.4 are met; (g) On a façade facing an interior side or rear lot line, no openings are permitted at a height above 4.5 metres; (h) The balance of regulations applicable to the zone shall apply; and, (i) Additional dwelling units in accessory buildings on a parcel of rural land shall be subject to the following additional regulations: i. An additional dwelling unit shall not be permitted within a building or structure used for any agricultural use; ii. An additional dwelling unit must be in accordance with Section 4.32 of this By-law; iii. An additional dwelling unit in an accessory building on a parcel of rural land shall be located no more than 15 metres from the detached dwelling; and, iv. Notwithstanding Section 4.45.4 (f) above, an accessory building containing an additional dwelling unit on a parcel of rural land shall not exceed 7 metres in height, but in no event shall any part of the walls or supporting posts, excluding any gable or dormer, exceed 5.5 metres in height. 3. That SECTION 7.6.1 PERMITTED USES of By-law No. 79-200 is amended by adding the following subsection: (e) Additional dwelling unit(s) in a detached dwelling, subject to the provisions of Section 4.45 of this By-law 4. That SECTION 7.9.1 PERMITTED USES of By-law No. 79-200 is amended by adding the following subsection: (g) Additional dwelling unit(s) subject to the provisions of Section 4.45 of this By- law 5. That SECTION 8.7.1 PERMITTED USES of By-law No. 79-200 is amended by adding the following subsection: Page 18 of 24 Page 223 of 611 5 (d) Additional dwelling unit(s) in a detached dwelling, subject to the provisions of Section 4.45 of this By-law 6. That SECTION 12.1 PERMITTED USES of By-law No. 79-200 is amended by deleting subsection 12.4(f) and replacing it with the following: (f) Additional dwelling unit(s) subject to the provisions of Section 4.45 of this By- law 7. That SECTION 13.1 PERMITTED USES of By-law No. 79-200 is amended by deleting subsection 13.1(f) and replacing it with the following: (f) Additional dwelling unit(s) subject to the provisions of Section 4.45 of this By- law 8. All other applicable provisions and regulations set out in By-law No. 79-200 shall remain the same and shall continue to apply, with the necessary changes in detail. 9. 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. Read a First, Second and Third time; passed, signed and sealed in open Council this XXth day of MONTH, 2025. ....................................................................... ..................................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 19 of 24 Page 224 of 611 APPENDIX 2 DRAFT REDLINED PROPOSED ADU ZONING BY-LAW AMENDMENT Existing Provision Redlined Proposed Amendment SECTION 2 – DEFINITIONS ADDITIONAL DWELLING UNIT means a dwelling unit contained within a detached dwelling, unit in a semi-detached dwelling, duplex dwelling unit, or an on-street townhouse dwelling unit or within an accessory building accessory to a detached dwelling, unit in a semi-detached dwelling, duplex dwelling unit, or an on-street townhouse dwelling unit located on the same property means a dwelling unit contained within a detached dwelling, unit in a semi-detached dwelling unit, duplex dwelling unit, townhouse dwelling unit, back- to-back townhouse dwelling unit, or an on-street townhouse dwelling unit or within an accessory building accessory to a detached dwelling, unit in a semi-detached dwelling unit, duplex dwelling unit, townhouse dwelling unit, or an on-street townhouse dwelling unit located on the same property PARCEL OF RURAL LAND means a parcel of land that is outside the urban area boundary on which residential use, other than ancillary residential use, is permitted and which is served by private sewer and water services; means a parcel of land that is outside the urban area boundary on which residential use, other than ancillary residential use, is permitted and which is served by private sewer and water services; 4.45 ADDITIONAL DWELLING UNITS 4.45.1 PARCEL OF URBAN RESIDENTIAL LAND additional dwelling units may be permitted in a detached dwelling, semi-detached dwelling unit, duplex dwelling, or an on-street townhouse dwelling unit where the dwelling type is permitted on lands zoned R1A, R1B, R1C, R1D, R1E, R1F, R2, R3, DC, DTC, TRM. The following additional provisions shall apply: (a) two additional dwelling units may be permitted on a parcel of urban residential land where a detached dwelling, semi- detached dwelling, or an on-street townhouse dwelling unit is permitted, subject to the regulations of 4.45.3 and 4.45.4. This may be either: additional dwelling units may be permitted in a detached dwelling, semi-detached dwelling unit, duplex dwelling, or an on-street townhouse dwelling unit where the dwelling type is permitted on lands zoned R1A, R1B, R1C, R1D, R1E, R1F, R2, R3, DC, DTC, TRM. The following additional provisions shall apply: (a) two additional dwelling units may be permitted on a parcel of urban residential land where a detached dwelling, semi-detached dwelling unit, townhouse dwelling unit, back-to-back townhouse dwelling unit, or an on-street townhouse dwelling unit is permitted, Page 20 of 24Page 225 of 611 i. two additional dwelling units within a detached dwelling, semi-detached dwelling unit, or an on-street townhouse dwelling unit; or ii. one additional dwelling unit in a detached dwelling, semi-detached dwelling unit, or an on-street townhouse dwelling unit and one additional dwelling unit in an accessory building to a detached dwelling, semi-detached dwelling unit, or an on-street townhouse dwelling unit. (b) one additional dwelling unit may be permitted on a parcel of urban residential land where a duplex dwelling is permitted, subject to the regulations of 4.45.3 and 4.45.4. This may be: i. one additional dwelling unit in a duplex dwelling or one additional dwelling unit in an accessory building to a duplex dwelling. subject to the regulations of 4.45.3 and 4.45.4. This may be either: i. two additional dwelling units within a detached dwelling, semi-detached dwelling unit, townhouse dwelling unit, back-to-back townhouse dwelling unit, or an on-street townhouse dwelling unit; or ii. one additional dwelling unit in a detached dwelling, semi-detached dwelling unit, townhouse dwelling unit or an on-street townhouse dwelling unit and one additional dwelling unit in an accessory building to a detached dwelling, semi-detached dwelling unit, townhouse dwelling unit or an on-street townhouse dwelling unit. (b) one additional dwelling unit may be permitted on a parcel of urban residential land where a duplex dwelling is permitted, subject to the regulations of 4.45.3 and 4.45.4. This may be: i. one additional dwelling unit in a duplex dwelling or one additional dwelling unit in an accessory building to a duplex dwelling. 4.45.2 PARCEL OF RURAL LAND an additional dwelling unit may be permitted in a detached dwelling where the following dwelling type is permitted on lands zoned A or R and the following additional provisions shall apply: (a) one additional dwelling unit shall be permitted on a parcel of rural land subject to the provisions of 4.45.3, 4.45.4 and 4.45.5. This may be either: i. one additional dwelling unit within a detached dwelling, or ii. one additional dwelling unit in an accessory building to a detached dwelling. additional dwelling unit may be permitted in a detached dwelling where the following dwelling type is permitted on lands zoned A or R and the following additional provisions shall apply: (a) one two additional dwelling units shall be permitted on a parcel of rural land, where a detached dwelling I permitted, on lands zoned A or R, subject to the provisions of 4.45.3 and 4.45.4 4.45.5. This may be either: i. one two additional dwelling units within a detached dwelling, or Page 21 of 24Page 226 of 611 ii. one additional dwelling unit in a detached dwelling and one additional dwelling unit in an accessory building to a detached dwelling. 4.45.3 PARKING Parking and access requirements in accordance with section 4.19.1 Parking and access requirements in accordance with section 4.19.1 4.45.4 ADDITIONAL DWELLING UNITS IN ACCESSORY BUILDINGS: additional dwelling units in an accessory building are subject to the following provisions: (a) The accessory building containing an additional dwelling may be permitted in a rear yard or interior side yard provided the unit shall be a minimum of 1.2 metres from the rear lot line and interior side lot lines, save and except for unsupported canopies, eaves or gutters which may project a distance of not more than 0.45 metres into the required yard; (b) No roofed-over one storey porch or deck shall be closer than 1.2 metres from the rear lot line; (c) The total lot coverage of all accessory buildings and accessory structures on a lot shall not exceed 93 square metres and in no case shall the total lot coverage of all buildings and structures exceed the maximum lot coverage regulation of the specific zone; (d) An accessory building containing an additional dwelling unit shall not exceed 7 metres in height, but in no event shall any part of the walls or supporting posts, excluding any gable or dormer, exceed 5.5 metres in height; and (e) The balance of regulations applicable to the zone the additional dwelling unit is located. Notwithstanding Section 4.13, additional dwelling units in an accessory building are subject to the following provisions: (a) The accessory building containing an additional dwelling may be permitted in a rear yard or interior side yard provided the unit shall be a minimum of 1.2 metres from the rear lot line and interior side lot lines, save and except for unsupported canopies, eaves or gutters which may project a distance of not more than 0.45 metres into the required yard, plus any applicable distance specified in section 4.27.1; (b) a landscaped strip is required to be provided within the required side yard adjacent to an accessory building containing an additional dwelling unit, and shall include grass, flowers, shrubbery and other landscaping and includes any surfaced walk and may include a visual barrier; (c) Shall not be erected on a corner lot closer than 4.5 metres to the side lot line abutting a street line or a reserve, plus any applicable distance specified in section 4.27.1; (bd) No roofed-over one storey porch or deck shall be closer than 1.2 metres from the rear lot line; (ce) The total lot coverage of all accessory buildings and accessory structures on a lot shall not exceed 93 square metres and in no case shall the total lot coverage of all buildings and structures exceed the maximum lot coverage regulation of the specific Page 22 of 24Page 227 of 611 zone, save and except for an R4 Zone where a maximum lot coverage of 45% is permitted; (df) An accessory building containing an additional dwelling unit shall not exceed 7 4.5 metres in height, provided than an accessory building containing an additional dwelling unit with a pitched roof may be erected to a height not exceeding 6 metres, but in no event shall any part of the walls or supporting posts, excluding any gable or dormer, exceed 5.5 4.5 metres in height, save and except for an accessory building existing as of the date of the passing of this by-law, provided that all other regulations of 4.45.4 are met; and (g) On a façade facing an interior side or rear lot line, no openings are permitted at a height above 4.5 metres; (eh) The balance of regulations applicable to the zone the additional dwelling unit is located shall apply; and, 4.45.5 PARCEL OF RURAL LAND ADDITIONAL DWELLING UNIT PROVISIONS the following provisions apply to rural additional dwelling units: (a) An additional dwelling unit shall not be permitted within a building or structure used for any agricultural use; (b) An additional dwelling unit must be in accordance with Section 4.32; (c) An additional dwelling unit in an accessory building in the A or R zone shall be located no more than 15 metres from the detached dwelling; and, (d) All other regulations of 4.45.4 apply. 4.45.5 PARCEL OF RURAL LAND ADDITIONAL DWELLING UNIT PROVISIONS: the following provisions apply to rural additional dwelling units: (i) Additional dwelling units in accessory buildings on a parcel of rural land shall be subject to the following additional regulations: (a) i. An additional dwelling unit shall not be permitted within a building or structure used for any agricultural use; (b) ii. An additional dwelling unit must be in accordance with Section 4.32; (c) iii. An additional dwelling unit in an accessory building on a parcel of rural land shall be located no more than 15 metres from the detached dwelling; and, Page 23 of 24Page 228 of 611 iv. Notwithstanding Section 4.45.4 (f), an accessory building containing an additional dwelling unit on a parcel of rural land shall not exceed 7 metres in height, but in no event shall any part of the walls or supporting posts, excluding any gable or dormer, exceed 5.5 metres in height. (d) All other regulations of 4.45.4 apply. Page 24 of 24Page 229 of 611 Updated Additional Dwelling Unit Policies City Initiated Amendment to Zoning By-law 79-200 AM-2024-034 / PLZBA20240780 Tuesday January 14, 2025 1Page 230 of 611 Background What are Additional Dwelling Units (ADUs)? 2Updated ADU PoliciesAM-2024-34•Self contained residential units with private kitchen, bathroom and sleeping facilities •Located within existing dwellings or accessory buildings •Commonly known as second units, garden suites, basement apartments, in-law suites, etc.Page 231 of 611 Background Why Are We Updating ADU Policies? •Legislative Changes •Provincial Planning Statement, 2024 •Planning Act •Ontario Regulation 462/24 •Addressing issues identified in current ADU regulations •Minor variance applications •Public input 3Updated ADU PoliciesAM-2024-34Page 232 of 611 Proposed Changes 4Updated ADU PoliciesAM-2024-34Page 233 of 611 1. ADUs in Rural Areas 5Updated ADU PoliciesAM-2024-34Proposed Change •Permitting up to two ADUs on parcels in rural areas where detached dwellings are permitted •Aligns with the PPS 2024 •Must meet criteria for compatibility with agricultural operations •Cannot be severed from the main dwelling Page 234 of 611 2. ADUs in Urban Areas 6Updated ADU PoliciesAM-2024-34Proposed Change •Expand permissions to include townhouses & back-to-back townhouses and applicable zones •Expand ADU permissions to the R4 zone •Remove specific zone references in provision •Aligns with the Planning Act ‘as-of-right’ regulations for ADUs •Addresses common minor variance applications Page 235 of 611 3. Detached ADUs 7Updated ADU PoliciesAM-2024-34Proposed Changes •Introduce landscape strip requirements in required side yard •To enhance aesthetics, privacy and compatibility with neighboring properties •Introduce corner lot side yard setback requirements •Corner lot side yard setbacks of 4.5 metres •Ensures appropriate setbacks for Detached ADUs on corner lots •Update maximum lot coverage regulation •All lots with ADUs permitted to have maximum lot coverage of 45% •Comply with O.Reg 462/24Page 236 of 611 3. Detached ADUs cont’d 8Updated ADU PoliciesAM-2024-34Proposed Changes •Updating maximum height regulations for urban ADUs •Rural ADUs would remain 7 metres •Introduce provision permitting existing accessory buildings over height limit to be converted •Address appropriate massing, privacy and compatibility •Limit openings above 4.5 metres on facades facing interior side and rear lot lines •Mitigates potential overlook and privacy concerns for greater compatibility Current Proposed Total Max Height 7 metres 6 metres Max Height of Walls 5.5 metres 4.5 metres Page 237 of 611 4. Housekeeping Updates 9Updated ADU PoliciesAM-2024-34Proposed Changes •Updating definitions •‘Additional Dwelling Unit’ & ‘Parcel of Rural Land’ •Reflect proposed changes •Amend zone permissions •To add ADUs as a permitted use where applicable •Restructure Provisions •Remove repetitive wording •Include provisions for rural detached ADUs under general detached ADUs for clarity Page 238 of 611 Public Comments 10Updated ADU PoliciesAM-2024-34•Staff held an Open House on Wednesday December 11, 2024 which was attended by three members of the public: Comments Staff Response •Support construction of ADUs as a means of increasing housing supply •Opposed the reduction in max height for Detached ADUs: •Impact on massing •Interior side yard setback same for main dwelling •OBC requirement impact on useable wall height •Increasing Minor Variance applications •Provincial direction on reducing zoning barriers •Need for multi-bedroom rentals •Staff have proposed a revised maximum height regulation: •Current Zoning: 7m and 5.5m •Original Proposal: 5m and 3.5m •Revised Proposal: 6m and 4.5m •Proposed provision of prohibiting openings above 4.5m •Revised height intended to balance privacy & compatibility concerns with feasibility and flexibility for constructing ADUs •One attendee concerned with potential use as VRUs •City’s current policies do not permit VRUs in residential areas Page 239 of 611 That Council APPROVE the amendments to Zoning By-law No. 79-200, to update Section 4.45 Additional Dwelling Unit regulations, as outlined in Report PBD-2025-05 Recommendation 11 Updated ADU PoliciesAM-2024-34Page 240 of 611 PBD-2025-02 Planning Report Report to: Mayor and Council Date: January 14, 2025 Title: AM-2024-035 & 26T-11-2023-002 – Official Plan Amendment, Zoning By-law Amendment & Draft Plan of Subdivision Modification 9304 McLeod Road & PID 1337 Proposal: To facilitate the development of 544 dwelling units, parkland and a stormwater management facility Applicant: 800460 Ontario Limited (Fred Costabile) Agent: NPG Planning Solutions Inc. (Mary Lou Tanner & Rob Fiedler Recommendation(s) 1. Council That APPROVE By-law Zoning and Amendment Plan Official the Amendment to facilitate the development of 544 dwelling units, parkland and a stormwater management facility, subject to the regulations and modifications detailed in this Report; 2. That the amending by-law include a Holding (H) provision to require the review and approval of a Risk Assessment and Land Use Compatibility Study, an assessment the and conversion, the justify job replacement the of to implementation of various noise mitigation measures/warning clauses through the future Subdivision Agreement; 3. That the McLeod Meadows Draft Plan of Subdivision be draft approved, subject to the conditions contained in Appendix A; 4. That the Mayor or designate be authorized to sign the Draft Plan of Subdivision as "approved" 20 days after Notice of Council’s decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged; 5. That Draft Plan approval be given for three years, after which approval will lapse unless an extension is requested by the Owner/Developer and granted by Council; and 6. execute to authorized be Clerk Mayor and the That the City Subdivision Agreement(s) and any required documents to allow for the future registration of Page 1 of 46 Page 241 of 611 the Subdivision(s) when all matters are addressed to the satisfaction of the City Solicitor. Executive Summary The applicant (800460 Ontario Limited) has requested Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision Modification applications to facilitate the development of 544 dwelling units, consisting of 149 detached dwellings and 395 townhouse dwellings, along with parkland and a stormwater management facility on the lands municipally known as 9304 McLeod Road and PID 1337. The amendments and Draft Plan of Subdivision Modification are recommended by Staff, subject to the conditions of Draft Plan approval set out in Appendix A, and the inclusion of a Holding (H) provision in the amending by-law to require the review and approval of a Risk Assessment and Land Use Compatibility Study, an assessment of the job replacement to justify the conversion, and the implementation of various noise mitigation measures/warning clauses through the future Subdivision Agreement. Provided that the Holding (H) provision and conditions of Draft Plan approval are approved as recommended, the amendments and Draft Plan of Subdivision Modification are recommended for the following reasons:  The proposed development satisfies matters of Provincial interest as outlined in Section 2 of the Planning Act;  The proposed development conforms to Provincial, Regional and City policies with respect to land use compatibility, the conversion of employment lands, the protection of natural heritage resources and affordable housing;  The proposed development is compatible with surrounding land uses and will maintain appropriate levels of public health and safety;  The proposed development will exceed the minimum density target of 50 residents and jobs per hectare for Designated Greenfield Areas;  The proposed development will tie into the existing roadway system and municipal infrastructure; and  The proposed zoning and site-specific amendments are appropriate for the area and will facilitate an efficient use of land and a compact built form. Page 2 of 46 Page 242 of 611 Background 1. Previous Approvals/Study Work In April of 2020, the City initiated an Employment Lands Strategy. This was initiated in response to Council’s 2019-2022 strategic priority of creating a vibrant and diverse economy that provides an adequate supply of accessible industrial and employment lands. The Study assessed the long-term employment land needs of the City, recommended new employment areas, and recommended the conversion of lands that are no longer used or suitable for industrial use. With respect to the conversion of lands, the subject lands (9304 McLeod Road and PID 1337) and six other sites were evaluated against nine criteria to determine their suitability for conversion. The subject lands passed six of the nine criteria and were recommended for conversion alongside two other sites. In response to Council’s direction, Official Plan Amendment No. 147 was subsequently initiated to facilitate the conversions/changes in land use. On April 18th, 2023, City Council adopted Official Plan Amendment No. 147, which proposed to redesignate the subject lands to Residential, in part, with a Special Policy Area (No. 87) which identified specific conditions. Official Plan Amendment No. 147 was approved (as modified) by Regional Council on August 9th, 2023, which included Special Policy Area 87 and required the following:  The completion of a Risk Assessment for review and approval to support the residential designation of the lands, including an approved Terms of Reference to the satisfaction of the City and Region and a peer review;  The preparation and peer review of a Land Use Compatibility Study in accordance with Provincial D-6 Guidelines; and  An assessment of the job replacement to justify the conversion This amendment was subsequently appealed (with respect to the subject lands) by Cytec Canada Inc. and is currently before the Ontario Land Tribunal. 2. Proposal and Submission The applicant (800460 Ontario Limited) has requested Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision Modification applications to facilitate the development of 544 dwelling units, consisting of 149 detached dwellings and 395 townhouse dwellings, along with parkland and a stormwater management facility on the lands municipally known as 9304 McLeod Road and PID 1337, as shown on Schedules 1 and 2. The subject lands are designated Industrial, in part, Environmental Protection Area, in part, and Environmental Conservation Area, in part, in accordance with the City’s Official Plan. The applicant is proposing to redesignate the lands to Residential, in part, Page 3 of 46 Page 243 of 611 and Open Space, in part, and Environmental Protection Area, in part, with a Special Policy Area that will restrict building heights to 10 metres, as shown on Schedule 3. The subject lands are zoned Light Industrial (LI) Zone, in part, Hazard Land (HL) Zone, in part, and Development Holding (DH) Zone, in part, in accordance with Zoning By-law No. 79-200. The applicant is proposing to repeal By-law No. 2023-078 upon the new amending by-law coming into force and effect, and to rezone the lands to site-specific Residential Mixed (R3) Zone, in part, site-specific Open Space (OS) Zone, in part, and site-specific Environmental Protection Area (EPA) Zone, in part, as shown on Schedule 4. Site-specific relief is sought to:  include back-to-back townhouses as a permitted use in the site-specific R3 Zone and to establish provisions that regulate their development including minimum lot frontage, minimum lot area, minimum front yard depth, minimum rear yard depth and minimum interior side yard depth;  modify the front yard depth requirements for detached dwellings and on-street townhouse dwellings, including those fronting on McLeod Road and Beechwood Road;  reduce the minimum rear yard depth for detached dwellings and on-street dwellings;  reduce the minimum interior side yard width for detached dwellings with a building height of less than two storeys;  eliminate the maximum lot coverage regulation;  increase the maximum width of a driveway in the front yard for an on-street townhouse dwelling, save and except on-street townhouse dwellings fronting onto McLeod Road or Beechwood Road;  increase the maximum building height of accessory buildings containing an additional dwelling unit to 9 metres;  increase the maximum number of dwellings that are permitted on a lot for the purpose of accommodating accessory dwelling units;  permit common detached accessory buildings containing an additional dwelling unit that are centred on a mutual/common lot line and erected simultaneously on two abutting lots;  establish provisions that restrict vehicular access to McLeod Road or Beechwood Road;  eliminate the minimum lot frontage and minimum lot area requirements for the site-specific Open Space Zone; and  include a stormwater facility and pedestrian trails/walkways as permitted uses in the site-specific EPA Zone. The proposed modifications to the approved Draft Plan of Subdivision include relocation and reconfiguration of the parkland and stormwater management facility blocks, relocation of and reduction to the number of blocks for detached dwellings, an increase to the number of blocks for back-to-back townhouse dwellings and on-street townhouse Page 4 of 46 Page 244 of 611 dwellings, and the removal of blocks for multiple residential development, as shown on Schedule 5. 3. Cytec Canada Inc. Cytec Canada Inc. is a chemical manufacturing facility whose active industrial property is facility The lands. subject of the metres 850 approximately located south manufactures phosphine and phosphine derivatives, and has been operating in Niagara Falls for over 100 years. In accordance with the Compatibility/Mitigation Study – Air Quality, Noise and Vibration prepared by SLR Consulting (Canada) Ltd. and dated November 12th, 2024, the facility is categorized as a Class III Heavy Industry based on the size and nature of its operations and is permitted to produce 40,000 tonnes of phosphine-based with Environmental their accordance chemicals year per in Compliance Approval (9547- C5ULRS). The facility is required to operate in compliance with the requirements of their Environmental Compliance Approval and applicable noise criteria at existing noise sensitive receptors. 4. D-6 Compatibility Between Industrial Facilities Guidelines (D-6 Guidelines) The D-6 Guidelines intend to prevent or minimize land use conflicts due to the encroachments of sensitive land uses (ex. residential) and industrial land uses on one another. The Guidelines categorizes industrial facilities into three categories (Class I, Class II and Class III industrial facilities) according to their size, the volume of operations, and the nature of their emissions. Further, the Guidelines identify potential influence areas (ie. areas within which adverse effects may be experienced) for each category/class, as well as recommend minimum separation distances. Site Condition and Surrounding Land Uses The subject lands are located on the south side of McLeod Road between Beechwood Road and Garner Road. The lands are 22.92 hectares in size and have historically been used for agricultural purposes. A watercourse regulated by the Niagara Peninsula Conservation Authority (NPCA) traverses the eastern portion of the subject lands. This watercourse was previously realigned through an NPCA permit. Surrounding land uses include:  North – McLeod Road, Faith Factor Church, agricultural lands, and an NPCA- regulated watercourse;  Northwest - Dan’s Produce (a fresh produce supplier), detached dwellings, and agricultural lands; Page 5 of 46 Page 245 of 611  South - Vacant lands zoned Light Industrial Zone and industrial facilities, including a chemical manufacturing facility operated by Cytec Canada Inc.;  East – Forestview Estates Subdivision consisting of detached and on-street townhouse dwellings; and  West – Beechwood Road, Dan’s Produce, and vacant lands zoned Light Industrial Zone. It is noted that lands on the north side of McLeod Road are now included within the City’s Urban Boundary following Niagara Region’s Municipal Comprehensive Review. Circulation Comments The applications were circulated to City divisions, agencies, and the public for comments. The following summarizes the comments received to date.  Regional Municipality of Niagara o In light of the ongoing appeal with the Ontario Land Tribunal, the comments below have been provided without prejudice and may be subject to change depending on the outcome of the appeal. o The Draft Plan of Subdivision will yield a density of approximately 62 people and jobs per hectare, which exceeds the minimum density target of 50 people and jobs per hectare for Designated Greenfield Areas. o The subject lands are not located within a designated employment area under the Regional Official Plan. However, since the current designation of the lands allows for a range of employment uses, the subject lands are considered employment lands under the Regional Official Plan. The Regional Official Plan requires that any proposed redevelopment for non- employment uses on employment lands located outside of a designated employment area retain a similar number of jobs on-site. o Given the proximity of the subject lands to Cytec Canada Inc., the completion of a Risk Assessment is required to justify the conversion to a residential designation. The purpose of the Risk Assessment is to evaluate the risk factors associated with the phosphine storage located on the Cytec Canada Inc. lands and to determine whether residential uses are appropriate based on the risks identified. o Regional Staff are currently in the process of having the Compatibility/Mitigation Study peer reviewed by a qualified consultant (WSP Canada Inc.). Page 6 of 46 Page 246 of 611 o Staff acknowledge that the applicant has provided the same language in their draft Official Plan Amendment text as was approved by Regional Council for Official Plan Amendment No. 147 as it relates to the required peer reviews of the Risk Assessment and Land Use Compatibility Study. o Regional Staff recommend that the peer reviews of the Risk Assessment and Land Use Compatibility Study be completed prior to a recommendation being brought forward to City Council. o However, should the City wish to advance the applications, Regional Staff recommend that the amending by-law includes a Holding (H) provision to require the following:  That as part of any development application submission on the lands, the applicant shall undertake a Risk Assessment for review and approval to support a Residential designation on the lands. i. In advance of the Risk Assessment commencing, the applicant shall submit a Risk Assessment Terms of Reference to Niagara Region, in consultation with the City of Niagara Falls for review and approval. ii. Niagara Region will undertake a peer review of the Risk Assessment to confirm that the methodology utilized is appropriate and to certify that the Risk Assessment complies with the approved Terms of Reference. iii. If the Risk Assessment determines that Residential uses are not appropriate for the lands, due to there being an unacceptable risk to public health or safety or other factors, the Risk Assessment shall identify appropriate non- residential uses to be considered for the lands.  That as part of any development application submission on the lands, the applicant shall prepare a Land Use Compatibility Study in accordance with Provincial D-6 Guidelines, which shall be peer reviewed.  That as part of any development application submission on the lands, the applicant shall provide written acknowledgement demonstrating the gross floor area of non-residential space being retained for a similar number of jobs to remain accommodated on the site to support the conversion of the lands in accordance with Part 2, Policy 8.33 of the City of Niagara Falls Official Plan. Page 7 of 46 Page 247 of 611 o Proceeding with the approval of these applications prior to the peer reviews being completed is at the applicant’s risk as further amendments may be required depending on the results of the peer review. o Given the ill-defined and ephemeral nature of the additional drainage features on the subject lands, there is no requirement for retention. o The Wetland Catchment Assessment confirms that the proposed residential development should not negatively impact the hydrology of the nearby wetlands as the nearby wetlands are within separate surface water catchments. o Regional Staff recommend that the watercourse block (Block 214) be designated Environmental Conservation Area instead of Open Space. The applicant has provided a revised Schedule, which has been reviewed to the satisfaction of the Region. o The proposed Draft Plan of Subdivision identifies an appropriate watercourse buffer from the realigned watercourse channel that traverses the eastern boundary of the property. o The proposed development is within the South Side High Lift Sewage Pumping Station sewershed. Constraints have been identified at this Sewage Pumping Station during wet weather events. Conditions of Draft Plan approval have been recommended by Regional Staff to ensure that sanitary capacity is available in the system before servicing allocation is granted; o Regional Staff note that the Local Official Plan Amendment, as reviewed, is exempt from Regional Council Approval as Regional Council has already approved the language regarding the Risk Assessment, Land Use Compatibility Study, and job replacement through their approval of Official Plan Amendment No. 147 (through Regional Report PDS 24-2023). o Conditions of Draft Plan approval have been provided to address matters relating to stormwater management, servicing allocation, waste collection, the discovery of archaeological resources, natural heritage protection, and land use compatibility (see Conditions No. 79 to 94 of Appendix A). NOTE: City Planning Staff are committed to meeting Planning Act timelines with respect to the processing of development applications. In light of the 120-day timeline for Combined Official Plan and Zoning By-law Amendments and Draft Plans of Subdivision, and the lack of progress made by Regional Staff with respect to securing a peer reviewer for the Risk Assessment, Staff are recommending approval of the applications in the absence of the peer reviews, subject to the holding (H) provisions outlined by the Region above. Page 8 of 46 Page 248 of 611  Niagara Peninsula Conservation Authority (NPCA) o The NPCA supports the applications. The proponent has appropriately identified Environmental Protection Area Zones to protect the regulated watercourse and floodplain. Conditions of Draft Plan approval have been requested to require the submission of detailed grading and construction sediment and erosion control drawings, the construction of fencing along the rear lot lines of Lots 85-116 (see Conditions No. 75 to 78 of Appendix A).  Enbridge o No objections, subject to the fulfillment of Conditions No. 73 and 74 of Appendix A.  Canada Post o No concerns, subject to the fulfillment of Conditions No. 70 to 72 of Appendix A.  Hydro One o No comments or concerns.  Niagara Catholic District School Board (NCDSB) o At this time, the local schools are operating significantly above built capacity and may not be able to accommodate all students from the proposed development. o Additional measures may be required to accommodate students resulting from the proposed development. Such measures may include additional portables, boundary changes, and capital projects, subject to the approval of NCDSB. o NCDSB will continue to monitor development growth in the municipality as it relates to the cumulative impact on local schools.  Building Services o No objections. City, Regional and Educational Development charges will be assessed at the building permit review stage.  Geographic Information Systems (GIS) Page 9 of 46 Page 249 of 611 o Nine street names will be required.  Fire Department o No objections, subject to the fulfillment of Conditions No. 66 and 67 of Appendix A.  Municipal Works (Landscape Services) o Parkland dedication for this application will be required at a rate of 5% of the land as a condition of Draft Plan approval (see Condition No. 57 of Appendix A). o A Tree Survey Plan will be required as a condition of Draft Plan approval (see Condition No. 65 of Appendix A). The plan shall be developed by a certified professional and shall identify and evaluate all trees on-site for potential preservation. Boundary trees and trees on adjacent lands (including municipal road allowances) that could be negatively affected by the proposed development shall be preserved unless consent is provided by adjacent landowner(s). The recommendations of the tree survey plan shall be implemented in the proposed design. This includes potential modifications to the project layout and grading plans. o A Landscape Plan will be required as a condition of Draft Plan approval (see Condition No. 64 of Appendix A). The Landscape Plan shall be developed by an Ontario Landscape Architect and have consideration for enhancing street frontage, improving walkability, winter snow storage, and reducing heat island effect of hard surface areas. The planting of native species is preferred. o Commercial grade, black vinyl coated, 1.8-metre high chain-link fencing with no gates will be required along all common private property lines (see Condition No. 59 of Appendix A). o Connectivity between the proposed development and Forestview Subdivision will be beneficial to the residents and will improve walkability in the City. The Developer will be responsible for the construction of a footbridge shall over Thompson Creek (see Condition No. 60 of Appendix A). o The Developer will be required to design and construct a paved trail system connecting the parkland block (Block 213) and stormwater management facility (Block 215) to support a walkable community (see Conditions No. 61 and 62 of Appendix). Page 10 of 46 Page 250 of 611  Municipal Works (Development Engineering) o No concerns or objections to the proposed Official Plan Amendment and Zoning By-law Amendment application. o A detailed review of the proposed engineering design will occur at a later stage. o No objections to the Draft Plan of Subdivision Modification application, subject to the fulfillment of Conditions No. 22 to 56 of Appendix A.  Municipal Works (Transportation Services) o The two proposed road connections (Street B at McLeod Road and Street A at Beechwood Road) are located appropriately. o No new driveways are proposed on Beechwood Road. Transportation Services Staff support the proposed layout and note that parking will likely be prohibited on Beechwood Road in the future. o A Traffic Impact Study, prepared by R.V. Anderson Associates Limited and dated November 5th, 2024 was submitted with the applications. The Study concludes that overall, the existing roadway system has sufficient capacity to accommodate the traffic that is expected to be generated by the proposed development. o Westbound left turn lanes are warranted on McLeod Road at Beechwood Road, and on McLeod Road at Street ‘B’. The Developer will be responsible for the proportion of construction costs based on the traffic ratios (background conditions vs. site-related conditions), as outlined in Condition No. 20 of Appendix A. o An updated Traffic Impact Study will be required as a condition of Draft Plan approval to address Transportation Services Staffs’ comments (see Condition No. 21 of Appendix A). o A 1.5-metre boulevard-separated concrete municipal sidewalk will be required on the south side of McLeod Road, the east side of Beechwood Road, the north side of Street A, both sides of Street B, and on one side of all other internal streets. Sidewalks will be secured through a condition of Draft Plan approval (see Conditions No. 17 and 18 of Appendix A). o Speed control devices will be required in the proposed neighbourhood and will be required as a condition of Draft Plan approval (see Condition No. 19 of Appendix A).Measures have been recommended to the applicant by Transportation Services Staff and will be reviewed and sited at the detailed design stage. Page 11 of 46 Page 251 of 611 o McLeod Road and Beechwood Road are City arterial roads. Road widenings are required to achieve the planned right-of-way widths and will be secured through conditions of Draft Plan approval (see Conditions No. 12 and 13 of Appendix A). o Daylight triangles are required at the southeast corner of McLeod Road and Beechwood Road, both corners of McLeod Road and Street B, both corners of Beechwood Road and Street A, and for all internal intersections and corners. Daylight triangles will be secured through conditions of Draft Plan approval (see Condition No. 14 of Appendix A). o 0.3-metre reserves are required along all lots/blocks fronting the south side of McLeod Road and the east side of Beechwood Road, and along the daylight triangles and exterior side yards of the corner lots at the intersections of Street B and McLeod Road and Street A and Beechwood Road. These will be secured through a condition of Draft Plan approval (see Condition No. 15 of Appendix A). o Currently, Niagara Region Transit does not directly service the proposed development. However, this service may expand in the future as a result of the proposed development. The nearest bus stop is at McLeod Road and Garner Road, which is generally located within walking distance of the proposed development. Neighbourhood Comments A Public Information Open House was held on December 3rd, 2024 and was attended by the applicant, their agent, and their lawyer. The Open House was also attended by a staff representative of Cytec Canada Inc. and their planner, who voiced their interest in advancing the applications to the January 14th, 2025 Council Meeting. Written comments were also submitted by the solicitors of Cytec Canada Inc. The comments note that Council’s consideration of the proposed applications is premature given the ongoing appeal with the Ontario Land Tribunal. It is noted that Staff are processing the applications in accordance with the Planning Act timelines and have provided Council with recommendations based on the merits of the submitted applications. Analysis 1. Provincial Policies City planning decisions are to be consistent with the Planning Act and the Provincial Planning Statement, 2024. The proposal is consistent with the following matters of Provincial interest: Page 12 of 46 Page 252 of 611  Land use compatibility and the protection of public health and safety o Cytec Canada Inc. is categorized as a Class III Heavy Industry in accordance with the Compatibility/Mitigation Study – Air Quality, Noise and Vibration prepared by SLR Consulting (Canada) Ltd. and dated November 12th, 2024. o The proposed development is located approximately 850 metres from the Cytec Canada Inc. facility. This positions the development outside of the 300-metre minimum separation distance that the D-6 Guidelines recommend for Class III facilities, but within the 1,000-metre potential influence area for Class III facilities, thus warranting the preparation and submission of the Compatibility/Mitigation Study – Air Quality, Noise and Vibration. o With respect to air quality, the Compatibility/Mitigation Study concludes that there are thirty-six existing residential uses/sensitive receptors located within 2 kilometres of the Cytec Canada Inc. facility. Thirty-five of these existing residential uses are located closer to the facility than the proposed development. It is these thirty-five existing sensitive receptors that govern Cytec Canada Inc.’s compliance with Ontario Regulation 419/05 – not the proposed development. As such, the proposed development is anticipated to be compatible with the facility from an air quality perspective and is not anticipated to limit the ability of Cytec Canada Inc. to obtain or maintain permits and/or approvals with the Ministry of the Environment, Conservation and Parks. o Vacant lands that are zoned Light Industrial (LI) Zone and Heavy Industrial (H) Zone are located within 20 metres and 162 metres of the subject lands, respectively. Any future industrial operations on these lands would be required to obtain an Environmental Compliance Approval from the Ministry of the Environment, Conservation and Parks, and comply with Ontario Regulation 419/05 and NPC 300. As such, no additional assessment of the vacant lands was warranted. o With respect to stationary noise sources, the Compatibility/Mitigation Study notes that the Cytec Canada Inc. facility operates in compliance with the requirements of their Environmental Compliance Approval (9547- C5ULRS) and applicable noise criteria at existing noise sensitive receptors. As there are intervening residential uses/sensitive receptors that are located closer to the facility than the proposed development, the Study concludes that sound levels at the new development receptors will not be higher than those at existing/intervening residential uses/noise receptors. As such, the Study concludes that stationary noise impacts from the surrounding commercial and industrial facilities are predicted to Page 13 of 46 Page 253 of 611 meet NPC-300 Class 1 guideline limits and no physical mitigation or warning clauses are required to address noise impacts from surrounding stationary noise sources. o With respect to transportation noise sources, an assessment of transportation noise impacts from the surrounding roadways was completed as part of the Compatibility/Mitigation Study. A Type A warning clause is recommended for Lot 85, Blocks 188 to 189 and Block 198. Further, forced air heating and the provision for air conditioning and a Type C warning clause is recommended for Lot 85 to 86 and Blocks 188 to 198. o Vibration impacts from industrial and transportation sources are not anticipated. o Regional Staff recommend the inclusion of a Holding (H) provision in the amending by-law to require the completion of peer reviews of the Land Use Compatibility Study and Risk Assessment. Further, conditions of Draft Plan of Subdivision approval will require the approval of the Land Use Compatibility Study and Risk Assessment and the implementation of any recommendations. These mechanisms will ensure that matters of Provincial interest related to land use compatibility and public health and safety are fully addressed prior to the development proceeding. o Staff note that the applicant has revised their application to request a maximum building height of 10 metres, whereas 12 metres was initially proposed. The revised request is consistent with the previous Zoning By- law Amendment application. o In summary, the proposed development, subject to the recommended wording, holding provisions and conditions, is consistent with matters of Provincial interest as they relate to land use compatibility and public health and safety.  Conservation of archaeological resources o A Stage 1-2 Archaeological Assessment, prepared by AMICK Consultants Limited and dated June 10, 2021 was submitted with the applications. No archaeological resources were identified or documented, and no further archaeological assessment was recommended. The Ministry of Citizenship and Multiculturalism has confirmed acceptance of the Stage 1- 2 Archaeological Assessment. Regional Staff have recommended a condition of Draft Plan approval that requires the inclusion of a standard archaeological warning clause in the Subdivision Agreement.  Protection of ecological systems and natural heritage Page 14 of 46 Page 254 of 611 o The watercourse Block (Block 214) will be redesignated Environmental Conservation Area and correspondingly zoned Environmental Protection Zone. Further, Block 214 integrates an appropriate watercourse buffer from the realigned watercourse channel that traverses the eastern boundary of the lands. o Conditions No. 80 to 83 of Appendix A will ensure that development of the lands occurs in a manner that will protect the watercourse.  Orderly development of safe and healthy communities o The proposed development represents a logical and orderly extension of development in the Designated Greenfield Area. It is further noted that the lands on the north side of McLeod Road and opposite of the proposed development now form part of the urban boundary and are subject to the Garner West Secondary Plan process.  Appropriate location of growth and development o The City-initiated Employment Lands Strategy assessed and recommended the conversion of lands that are no longer used or suitable for industrial use. The subject lands (9304 McLeod Road and PID 1337) and six other sites were evaluated against nine criteria to determine their suitability for conversion. The subject lands passed six of the nine criteria and were recommended for conversion alongside two other sites. o Staff note the inclusion of a Holding (H) provision in the amending by-law is recommended by Regional Staff to require the completion of peer reviews of the Land Use Compatibility Study and Risk Assessment be completed to assess the development’s conformity with the D-6 Guidelines and Provincial and Regional policies related to land use compatibility and to evaluate the risk factors associated with the phosphine storage located on the Cytec Canada Inc. lands and determine whether residential uses are appropriate based on the risks identified. Staff note that residential development will not be permitted to proceed unless these matters are assessed and peer reviewed to the satisfaction of the City and Region.  Adequate provision of a full range of housing, including affordable housing o Staff note that the estimated sale prices of the proposed back-to-back townhouse dwellings may be affordable to moderate income households. Further, affordable dwelling units will assist with offsetting the costs Page 15 of 46 Page 255 of 611 associated with home ownership, making home ownership more attainable.  Adequate provision and efficient use of communication, transportation, sewage and water services and waste management systems o The proposed development will utilize the existing roadway system, which will have sufficient capacity to accommodate the traffic that is expected to be generated by the proposed development following the construction of two left turn lanes. o The existing watermain on McLeod Road and the existing sanitary sewer stub located at towards the southeast corner of the subject lands will be extended to service the proposed development at the expense of the Developer. o Conditions of Draft Plan of Subdivision approval have been recommended to ensure that sanitary capacity is available in the system before servicing allocation is granted.  Adequate provision of employment opportunities o Staff note the inclusion of a Holding (H) provision in the amending by-law is recommended by Regional Staff to require the applicant to provide written acknowledgement demonstrating the gross floor area of non- residential space being retained for a similar number of jobs to remain accommodated on the site to support the conversion of the lands. 2. Regional Official Plan The subject lands are identified as Designated Greenfield Area and employment lands in the Niagara Official Plan, 2022. The lands are also impacted by the Region’s Core Natural Heritage System consisting of a watercourse providing Important (Type 2) Fish Habitat. The Niagara Official Plan, 2022 defines employment lands as lands that are designated in local Official Plans or Zoning By-laws for employment uses. Employment lands may be located within or outside of employment areas. Staff note that the subject lands are not located within an employment area. Section 4.2 of the Niagara Official Plan, 2022 states that Local Area Municipalities are to map and develop policies for employment lands. Further, Section 4.2.5.1 states that any proposed redevelopment of non-employment uses on employment lands that are located outside of employment areas, shall retain space for a similar number of jobs to remain accommodated on site. Page 16 of 46 Page 256 of 611 Subject to the recommended Holding (H) provisions and conditions of Draft Plan of Subdivision approval, the proposal conforms with the Regional Official Plan, 2022 as follows:  Yielding a density of approximately 62 residents and jobs per hectare, the proposed development will exceed the minimum density target of 50 residents and jobs per hectare for Designated Greenfield Areas.  The proposed development is sequential, orderly and contiguous with the existing built-up area, provides a range of housing types and unit sizes to accommodate current and future market-based needs, represents an orderly and logical extension of municipal services, and may result in the expansion of the Niagara Region Transit service. Conditions of Draft Plan of Subdivision approval have been recommended by Regional Staff to ensure that sanitary capacity is available in the system before servicing allocation is granted.  The watercourse Block (Block 214) will be redesignated Environmental Conservation Area and correspondingly zoned Environmental Protection Zone, as requested by Regional Staff. Further, Block 214 integrates an appropriate watercourse buffer from the realigned watercourse channel that traverses the eastern boundary of the lands.  The Stage 1-2 Archaeological Assessment did not identify or document any archaeological resources. Further, the Ministry of Citizenship and Multiculturalism has confirmed acceptance of the Assessment.  Regional Staff recommend the inclusion of a Holding (H) provision in the amending by-law to require the completion of peer reviews of the Land Use Compatibility Study and Risk Assessment. Further, conditions of Draft Plan of Subdivision approval will require the approval of the Land Use Compatibility Study and Risk Assessment and the implementation of any recommendations. These mechanisms will ensure that matters of Provincial and Regional interest related to land use compatibility and public health and safety are fully addressed prior to the development proceeding.  The Region completed an Employment Area Strategy to assist with the development of the Niagara Official Plan, 2022/Municipal Comprehensive Review. Through this work, the Region identified the subject lands as employment lands.  Polices of the Official Plan and a Holding (H) provision will require the applicant to assess the job replacement associated with the proposed development in order to justify the conversion. 3. City Official Plan Page 17 of 46 Page 257 of 611 The subject lands are designated Industrial, in part, Environmental Protection Area, in part, and Environmental Conservation Area, in part, in accordance with the City’s Official Plan. The application proposes to redesignate part of the lands to Residential, in part, and Open Space, in part, with a Special Policy Area that would establish a limit of residential development and restrict building heights to a maximum of 10 metres. Part 4, Sections 2.9 and 2.10 of the Official Plan set out criteria/tests that are to be met when the conversion of employment lands to non-employment uses is proposed. The proposal conforms as follows:  The conversion of the subject lands to employment lands occurred as a result of the Niagara Official Plan, 2022/Municipal Comprehensive Review. The proposed conversion of the lands to a residential land use designation was originally contemplated by the City through Official Plan Amendment No. 147 following the establishment of the employment lands designation by the Region;  The City’s Employment Lands Strategy recommended the conversion of the subject lands following an assessment of the City’s long-term employment land needs;  The proposed conversion will introduce a mix of detached dwellings, on-street townhouse dwellings and back-to-back townhouse dwellings to the City;  With respect to affordable housing, that the proposed development will introduce a total of 544 dwelling units, consisting of 149 detached dwellings (3-4 bedrooms) and 395 townhouse dwellings (3 bedrooms). Staff note that the estimated sale prices of the proposed back-to-back townhouse dwellings will range from $500,000 to $600,000. Staff note that this price range slightly exceeds the City’s 2022 maximum affordable house price ($539,460) for moderate income households. However, it is noted that this figure increases year over year. It is further noted that the proposed development will provide opportunities for the inclusion of additional dwelling units. Although the quantity of additional dwelling units and their rental rates remain unknown, it is expected that at a minimum, the affordable dwelling units will assist with offsetting the costs associated with home ownership, making home ownership more attainable.  With respect to long-standing compatibility issues with surrounding conforming uses, the Compatibility/Mitigation Study – Air Quality, Noise and Vibration concludes that the proposed conversion and residential use of the lands is anticipated to be compatible with the Cytec Canada Inc. facility from air quality and noise perspectives and is not anticipated to limit the ability of Cytec Canada Inc. to obtain or maintain permits and/or approvals with the Ministry of the Environment, Conservation and Parks. As such, there is no justification or basis for limiting the extent of residential development on the subject lands through the Page 18 of 46 Page 258 of 611 applicant’s proposed “Limit of Residential Development”. Despite this, the applicant has elected to provide a “Limit of Residential Development”, which exceeds Provincial D-6 Guidelines. Although not required, Staff support the applicant’s request to establish this limit;  The inclusion of a Holding (H) provision in the amending by-law to require the completion of peer reviews of the Land Use Compatibility Study and Risk Assessment is recommended. Further, conditions of Draft Plan of Subdivision approval will require the approval of the Land Use Compatibility Study and Risk Assessment and the implementation of any recommendations. These mechanisms will ensure that matters of Provincial and Regional interest related to land use compatibility and public health and safety are fully addressed prior to the development proceeding;  The road system of the proposed development will tie into the existing roadway system (Beechwood Road and McLeod Road). A condition of Draft Plan approval has been included to facilitate the construction of left turn lanes at the intersections of Street B and McLeod Road and Street A and Beechwood Road;  The existing watermain on McLeod Road and the existing sanitary sewer stub located at towards the southeast corner of the subject lands will be extended to service the proposed development at the expense of the Developer;  Conditions of Draft Plan approval have been recommended by Regional Staff to ensure that sanitary capacity is available in the system before servicing allocation is granted;  The proposed development represents a logical, orderly and efficient extension of development in the Designated Greenfield Area, as required by Part 3, Section 1.1.2.1 and 1.1.2.2 of the City’s Official Plan. It is further noted that the lands on the north side of McLeod Road and opposite of the proposed development now form part of the urban boundary and will warrant the extension of municipal servicing in the future, based on the land uses determined through the Garner West Secondary Plan process. 4. Zoning By-law No. 79-200 The lands are zoned Light Industrial (LI) Zone, in part, Hazard Land (HL) Zone, in part, and Development Holding (DH) Zone, in part, in accordance with Zoning By-law No. 79- 200. The subject lands are zoned Light Industrial (LI) Zone, in part, Hazard Land (HL) Zone, in part, and Development Holding (DH) Zone, in part, in accordance with Zoning By-law No. 79-200. The applicant is proposing to repeal By-law No. 2023-078 upon the new amending by-law coming into force and effect, and to rezone the lands to site-specific Residential Mixed (R3) Zone, in part, site-specific Open Space (OS) Zone, in part, and Page 19 of 46 Page 259 of 611 site-specific Environmental Protection Area (EPA) Zone, in part. Site-specific relief is sought to:  include back-to-back townhouses as a permitted use in the site-specific R3 Zone and to establish provisions that regulate their development including minimum lot frontage, minimum lot area, minimum front yard depth, minimum rear yard depth and minimum interior side yard depth;  modify the front yard depth requirements for detached dwellings and on-street townhouse dwellings, including those fronting on McLeod Road and Beechwood Road;  reduce the minimum rear yard depth for detached dwellings and on-street dwellings;  reduce the minimum interior side yard width for detached dwellings with a building height of less than two storeys;  eliminate the maximum lot coverage regulation;  increase the maximum width of a driveway in the front yard for an on-street townhouse dwelling, save and except on-street townhouse dwellings fronting onto McLeod Road or Beechwood Road;  increase the maximum building height of accessory buildings containing an additional dwelling unit to 9 metres;  increase the maximum number of dwellings that are permitted on a lot for the purpose of accommodating accessory dwelling units;  permit common detached accessory buildings containing an additional dwelling unit that are centred on a mutual/common lot line and erected simultaneously on two abutting lots;  establish provisions that restrict vehicular access to McLeod Road or Beechwood Road;  eliminate the minimum lot frontage and minimum lot area requirements for the site-specific Open Space Zone; and  include a stormwater facility and pedestrian trails/walkways as permitted uses in the site-specific EPA Zone. The departures requested from the standard R3 Zone regulations are summarized in the following table: ZONE REGULATION EXISTING REGULATION REQUESTED REGULATION STAFF RECOMMENDATION (DETAILS TO FOLLOW) Permitted uses The uses permitted in section 7.8.1 (the R3 Zone of) By-law No. 79- 200 Add back-to-back townhouse dwellings subject to the following definition: “means a townhouse SUPPORT Page 20 of 46 Page 260 of 611 ZONE REGULATION EXISTING REGULATION REQUESTED REGULATION STAFF RECOMMENDATION (DETAILS TO FOLLOW) dwelling that contains dwelling units divided vertically from each other by common side walls and common rear walls” Minimum lot area 300 square metres for a detached dwelling 160 square meres for an on-street townhouse dwelling 110 square metres for a back-to-back townhouse dwelling SUPPORT Minimum front yard depth 3 metres plus any applicable distance specified in section 4.27.1 for a dwelling or dwelling unit 6 metres plus any applicable distance specified in section 4.27.1 for a private garage with driveway access from the front yard 4.5 metres for a dwelling, on-street townhouse dwelling or back- to-back townhouse dwelling, save and except for an on- street townhouse dwelling fronting on McLeod Road or Beechwood Road 6 metres for a private garage with driveway access from the front yard save and except for an on-street townhouse dwelling fronting on McLeod Road or Beechwood Road 3 metres for an on- street townhouse dwelling fronting McLeod Road or Beechwood Road. The front elevation SUPPORT Page 21 of 46 Page 261 of 611 ZONE REGULATION EXISTING REGULATION REQUESTED REGULATION STAFF RECOMMENDATION (DETAILS TO FOLLOW) of the dwelling must be oriented towards McLeod Road or Beechwood Road Minimum rear yard depth 7.5 metres plus any applicable distance specified in section 4.27.1 7 metres for a detached dwelling 7 metres for an on- street townhouse dwelling 6 metres for an on- street townhouse dwelling fronting on McLeod Road or Beechwood Road 0 metres for a back-to-back townhouse dwelling SUPPORT Minimum interior side yard depth 1.2 metres 0.9 metres for a detached dwelling with a height of less than 2 storeys 1.2 metres for a detached dwelling with a height of greater than 2 storeys 1.2 metres for an on-street townhouse dwelling 1.2 metres for a back-to-back townhouse dwelling SUPPORT Maximum lot coverage 55% Not applicable SUPPORT, SUBJECT TO MODIFICATION DESCRIBED BELOW Page 22 of 46 Page 262 of 611 ZONE REGULATION EXISTING REGULATION REQUESTED REGULATION STAFF RECOMMENDATION (DETAILS TO FOLLOW) Maximum width of driveway or parking area in the front yard of a lot 60% of the lot frontage for an on- street townhouse dwelling 70% of the lot frontage for an on- street townhouse dwelling SUPPORT Maximum building height of an accessory building containing an additional dwelling unit 7 metres in height, but in no event shall any part of the walls or supporting posts, excluding any gable or dormer, exceed 5.5 metres in height 9 metres in height SUPPORT, SUBJECT TO MODIFICATION IN RED BELOW 9 metres in height, but in no event shall any part of the walls or supporting posts, excluding any gable or dormer, exceed 7.5 metres in height Minimum interior side yard setback of an accessory building containing an additional dwelling unit 1.2 metres Common detached accessory buildings containing an additional dwelling unit may be centred on the mutual lot line if erected simultaneously on two abutting lots SUPPORT The requested regulations can be supported for the following reasons:  The addition of back-to-back townhouse dwellings as a permitted use and establishment of site-specific provisions to govern their development in the R3 Zone is supported by Staff. The site-specific provisions are appropriate and typical for this built form;  The proposed reductions to the minimum front yard depth, minimum rear yard depth and minimum interior side yard width are supported by Staff as they will result in the efficient use of land and a compact built form. Further, the reductions that are requested for the on-street townhouses fronting onto McLeod Road or Beechwood Road will ensure that a front facing elevations can be maintained along Beechwood Road and McLeod Road, and that access to each lot is provided by way of public streets that are internal to the development.  The proposed elimination of the maximum lot coverage regulation is supported as the setback and minimum landscaped open space area requirements will regulate the development of the lands. However, in the absence of a maximum Page 23 of 46 Page 263 of 611 lot coverage regulation, Staff recommend establishing a maximum floor area requirement of 40% of the floor area of the primary dwelling for additional dwelling units. The addition of this regulation is necessary as Section 4.45.4 of the Zoning By-law, which regulates additional dwelling units in accessory buildings, refers to the maximum lot coverage regulation of the zone in which the additional dwelling unit is situated. This requirement is consistent with the relief granted through the previous Zoning By-law Amendment application.  Staff support the applicant’s request to increase the maximum width of a driveway in the front yard for an on-street townhouse dwelling as an appropriate amount of landscape open space will remain on site.  The proposed increase to the maximum building height of accessory buildings containing an additional dwelling unit from 7 metres to 9 metres is supported. Staff note that the watercourse/channel (Block 214), which is 30 metres in width, will provide adequate separation from the existing residential uses to the east should accessory dwelling units be constructed in the rear yards of Lots 85 to 111. Staff recommend including a provision in the amending by-law that limits the height of any part of the walls or supporting posts, excluding any gable or dormer, to 7.5 metres. This approach, which the applicant has agreed to, is consistent with the existing height regulations for additional dwelling units and will prevent the construction of accessory dwellings units with a flat roof and an overall building height of 9 metres.  Staff support the applicant’s request to permit common detached accessory buildings containing an additional dwelling unit that are centred on a mutual/common lot line and erected simultaneously on two abutting lots. This will facilitate a compact built form and maximum landscaped open space on site.  The request to establish a provision that restricts vehicular access for the townhouse dwellings that have reverse lot frontage onto Beechwood Road and McLeod Road is supportable as it will ensure that a front facing elevations can be maintained along Beechwood Road and McLeod Road, and that access to each lot is provided by way of public streets that are internal to the development. Staff also support the applicant’s request to rezone the parkland block (Block 213) to a site-specific Open Space Zone that eliminates the minimum lot frontage and minimum lot area requirements. Staff note that the block to which the site-specific Open Space Zone will apply is sized appropriately based on the City’s Parkland Dedication By-law. As such, there is no need to regulate the frontage and area of the block through the Zoning By-law. Further, Staff support the applicant’s request to rezone the blocks containing the stormwater management facility (Block 215) and watercourse/channel (Block 214) to a site-specific EPA Zone, and to add a stormwater facility and pedestrian trails/walkways as permitted uses. The rezoning of lands for stormwater management facilities to an Page 24 of 46 Page 264 of 611 EPA Zone has been common practice throughout the City. With respect to pedestrian trails/walkways, the addition of this use will support the development of a walkable community and will allow the Development to fulfill Conditions No. 61 and 62 of Appendix A. Based on the zoning review completed by Staff, the requested relief to increase the maximum number of dwellings that are permitted on a lot for the purpose of accommodating accessory dwelling is not required. The existing provision that only permits one dwelling per lot does not apply to accessory dwelling units and will not limit the applicant’s ability to construct an accessory building containing an accessory dwelling unit. 5. Holding (H) Provision Staff recommend that the amending by-law include a Holding (H) provision to ensure that:  As part of any development application submission on the lands, the applicant undertakes a Risk Assessment for review and approval to the satisfaction of the Region and City to support a Residential designation on the lands. i. In advance of the Risk Assessment commencing, the applicant shall submit a Risk Assessment Terms of Reference to Niagara Region, in consultation with the City of Niagara Falls for review and approval. ii. Niagara Region will undertake a peer review of the Risk Assessment to confirm that the methodology utilized is appropriate and to certify that the Risk Assessment complies with the approved Terms of Reference. iii. If the Risk Assessment determines that Residential uses are not appropriate for the lands, due to there being an unacceptable risk to public health or safety or other factors, the Risk Assessment shall identify appropriate non-residential uses to be considered for the lands.  As part of any development application submission on the lands, the applicant prepares a Land Use Compatibility Study in accordance with Provincial D-6 Guidelines, which shall be peer reviewed to the satisfaction of the Region and City;  As part of any development application submission on the lands, the applicant provides written acknowledgement demonstrating the gross floor area of non- residential space being retained for a similar number of jobs to remain accommodated on the site to support the conversion of the lands in accordance with Sections 4.2.5.1 and 4.2.5.2 of the Niagara Official Plan, 2022, to the satisfaction of the Region and City; and Page 25 of 46 Page 265 of 611 Various noise mitigation measures/warning clauses are implemented through the future Subdivision Agreement to the satisfaction of the Region and City, as recommended by the Compatibility/Mitigation Study – Air Quality, Noise and Vibration prepared by SLR Consulting (Canada) Ltd. and dated November 12th, 2024, as amended. 6. Sunset Clause A sunset clause in the amending by-law is not recommended as there is a concurrent Draft Plan of Subdivision Modification application, which provides a three-year period for the clearance of the conditions of Draft Plan approval. 7. Subdivision Design and Conditions of Approval The concurrent Draft Plan of Subdivision Modification application proposes to relocate and reconfigure the parkland and stormwater management facility blocks, relocate and reduce the number of blocks for detached dwellings, increase the number of blocks for back-to-back townhouse dwellings and on-street townhouse dwellings, and remove blocks for multiple residential development. When considering a proposed Draft Plan of Subdivision Modification, Council shall have regard for the planning matters listed under Section 51(24) of the Planning Act. Subject to the conditions contained in Appendix A, the proposed modification conforms as follows:  The proposal satisfies matters of Provincial interest as outlined in Section 2 of the Planning Act and is not considered premature;  The concurrent Official Plan Amendment application will ensure that the Draft Plan of Subdivision conforms to the Official Plan. Condition No. 4 of Appendix A requires the Official Plan Amendment to come into force and effect prior to Final Subdivision Approval being granted;  The proposed development is anticipated to be compatible with the Cytec Canada Inc. facility from an air quality perspective and is not anticipated to limit the ability of Cytec Canada Inc. to obtain or maintain permits and/or approvals with the Ministry of the Environment, Conservation and Parks;  The City’s Employment Lands Strategy identified that the subject lands are no longer used or suitable for industrial use, and recommended the conversion of lands. The preparation and peer review of a Risk Assessment, and the implementation of any recommendations is required through a Holding (H) provision in the amending by-law and conditions of Draft Plan approval. This Assessment will determine whether residential uses are appropriate based on the risks identified with respect to the phosphine storage located on the Cytec Canada Inc. lands; Page 26 of 46 Page 266 of 611  With respect to affordable housing, Staff note that the estimated sale prices of the proposed back-to-back townhouse dwellings may be affordable to moderate income households;  The road system of the proposed development will tie into the existing roadway system (Beechwood Road and McLeod Road). A condition of Draft Plan approval has been included to facilitate the construction of left turn lanes at the intersections of Street B and McLeod Road and Street A and Beechwood Road;  The existing watermain on McLeod Road and the existing sanitary sewer stub located at towards the southeast corner of the subject lands will be extended to service the proposed development at the expense of the Developer;  Conditions of Draft Plan approval have been recommended by Regional Staff to ensure that sanitary capacity is available in the system before servicing allocation is granted;  The dimensions and shapes of the proposed lots and blocks represents an efficient use of land and will result in a compact built form;  The watercourse Block (Block 214) will be redesignated Environmental Conservation Area and correspondingly zoned Environmental Protection Zone, and integrates an appropriate watercourse buffer from the realigned watercourse channel;  Several schools are located in proximity to the subject lands, including Saint Michael Catholic High School (~ 950 metres), and Kate S. Durdan Public School and Loretto Catholic Elementary School (~ 2.2 kilometres). Staff note that new catholic and elementary schools will be constructed in the future near the intersection of McLeod Road and Kalar Road (~ 1.6 kilometres). Niagara Catholic District School Board indicated that additional measures may be required to accommodate students resulting from the proposed development;  Block 213 will be conveyed to the municipality for parkland purposes in accordance with the City’s Parkland Dedication By-law; and  Site Plan matters relating to lighting, servicing, grading etc. will be addressed through the conditions of Draft Plan Approval. Appeal Rights Sections 17 & 34 In accordance with Sections 34(19) and 17(24) of the Planning Act, the applicant, the Minister, or a specified person, public body, or registered owner of any land to which the Page 27 of 46 Page 267 of 611 Official Plan Amendment/By-law will apply, who made oral submissions at a Public Meeting or written submissions to Council prior to the adoption of the Official Plan Amendment and/or passage of the By-law, may appeal the Official Plan Amendment and/or the By-law to the Ontario Land Tribunal. Section 51 In accordance with Section 51(39) of the Planning Act, the applicant, the Minister, or a specified person or public body who made oral submissions at a Public Meeting or written submissions to Council may appeal the decision of Council to the Ontario Land Tribunal. Operational Implications and Risk Analysis There are no operational implications associated with this proposal. Financial Implications/Budget Impact The proposed development will generate development charge contributions and property tax revenue. Strategic/Departmental Alignment While this proposal does not directly align with the Pillars of the 2023-2027 Strategic Plan, it does support the achievement of a liveable community. Strategic Plan Pillars List of Attachments Schedule 1 - Location Map Schedule 2 - Demonstration Plan Schedule 3 - Proposed Official Plan Designations Schedule 4 - Proposed Zoning Schedule 5 - Draft Plan of Subdivision Appendix A - McLeod Meadows Conditions of Draft Plan Approval Written by: Mackenzie Ceci, Senior Planner, Current Development Submitted by: Status: Signe Hansen, Director of Planning Approved - 10 Jan 2025 Jason Burgess, CAO Approved Page 28 of 46 Page 268 of 611 - 13 Jan 2025 Page 29 of 46 Page 269 of 611 Schedule 1 Location Map Page 30 of 46 Page 270 of 611 Schedule 2 Demonstration Plan Page 31 of 46 Page 271 of 611 Schedule 3 Proposed Official Plan Designations Page 32 of 46 Page 272 of 611 Schedule 4 Proposed Zoning Page 33 of 46 Page 273 of 611 Schedule 5 Draft Plan of Subdivision Page 34 of 46 Page 274 of 611 PBD-2025-02 January 14, 2025 Appendix A: McLeod Meadows Draft Plan of Subdivision Conditions 1. Approval applies to the McLeod Meadows Draft Plan of Subdivision, as modified, prepared by Upper Canada Consultants dated November 1, 2024, showing Lots 1- 149 for 149 detached dwellings, Blocks 150-183 for 201 on-street townhouse dwellings , Blocks 184-198 for 86 reverse frontage on-street townhouse dwellings, Blocks 199-212 for 108 back-to-back townhouse dwellings, as well as blocks for parkland, servicing access, a watercourse/channel, a stormwater management facility, road widenings, daylight triangles, reserves, and public highways. Legal Services 2. That the Owner/Developer enters into a registered Subdivision Agreement with the City to satisfy all requirements, financial and otherwise, related to the development of the land. Note: Should any other body wish to have its conditions included in the Subdivision Agreement, they may be required to become party to the Subdivision Agreement for the purpose of enforcing such conditions. If the development is to be constructed and subdivision plans registered in two or more phases, a separate Subdivision Agreement will be required for each phase. 3. That the Owner/Developer submits a Solicitor’s Certificate of Ownership for the subdivision land to the City Solicitor prior to the preparation of the Subdivision Agreement. Planning and Development 4. That the Owner/Developer submits a Sidewalk Plan demonstrating the location of proposed sidewalks. 5. That the concurrent Official Plan Amendment (AM-2024-035) comes into force and effect. 6. That the concurrent Zoning By-law Amendment (AM-2024-035) comes into force and effect to provide land use regulations to guide the development of the subdivision 7. That the Owner/Developer submits to the City’s Senior Zoning Administrator all necessary drawings and information, including but not limited to, site, elevation, and landscaping drawings to confirm zoning compliance. 8. That the Owner/Developer provides one (1) copy of the pre-registration plan to Planning, Building & Development and a letter stating how all the conditions imposed have been or are to be fulfilled. 9. That the Owner/Developer submits an Urban Design Brief and elevation and perspective drawings that illustrate the rear elevations of Blocks 184 to 198 (inclusive), and side elevations of Blocks 188, 189, 195 and 196, and demonstrate Page 35 of 46 Page 275 of 611 PBD-2025-02 January 14, 2025 appropriate front/side elevation treatments. 10. That the Owner/Developer submits an updated Land Use Compatibility Study and Noise, Air, and Vibration Study, that may be peer reviewed, to the satisfaction of the City and Region and the inclusion of any warning and mitigation clauses as determined through the approved studies in the subdivision agreement. Such study shall address any safety measures that are needed to meet Provincial standards. 11. That the following notice clause shall be included in the Subdivision Agreement and in any Condominium Agreement/Site Plan Agreement and in all Agreements of Purchase and Sale for the subdivision lots and blocks, and in any leases: “Cytec Canada Inc. (“Cytec”) owns lands located north of the Welland River and west of Garner Road. Cytec’s lands are designated Industrial and zoned for heavy industrial uses. Cytec operates chemical manufacturing and industrial facilities on its lands and may in the future expand its operations by expanding or adding to its existing buildings or constructing new buildings and/or intensifying its operations. Cytec may also erect and/or construct and operate facilities for any of the uses permitted in the City’s Zoning By-law. Cytec’s use of its lands may generate odour and air emissions and create noise, together with other industrial effects. Cytec is a member of the Canadian Chemical Producer’s Association and has been verified under the Responsible Care Codes of Practice. This notice clause includes any successors and/or assigns in title to Cytec.” Municipal Works (Transportation Services) 12. That a 3.0 m road widening be dedicated along the south side of McLeod Road abutting the subject lands. 13. That a 2.94 m road widening be dedicated along the east side of Beechwood Road abutting the subject lands. 14. That daylight triangles be dedicated at all intersections according to road classifications, in accordance with prevailing Official Plan policies. Daylighting triangles with 5 m legs will be required at the corner of lots where the road bends. 15. That 0.3 m reserves be applied to all lots/blocks fronting south side of McLeod Road and east sides of Beechwood Road, daylight triangles and exterior side yards of the corner lots at McLeod Road and Beechwood Road. 16. That all roads in the subdivision be dedicated to the municipality as public road allowances and constructed to municipal standards. 17. That a 1.5 m boulevard-separated concrete sidewalk be provided on at least one side of all 18 m subdivision roads, and both sides of 20 m subdivision roads. 18. That the Owner/Developer construct or provide funds for a 1.5 m concrete sidewalk on the south side of McLeod Road and the east side of Beechwood Road abutting the subject lands. Page 36 of 46 Page 276 of 611 PBD-2025-02 January 14, 2025 19. That speed control measures be constructed within the subdivision to the satisfaction of Transportation Services. Exact location of devices will be determined at detailed design. 20. That the Owner/Developer contributes to the cost of constructing a westbound left turn lane on McLeod Road at Street B, and their share for the construction of left turn lanes on McLeod Road at Beechwood Road. 21. That an updated Traffic Impact Study, signed by a professional transportation engineer (P.Eng.) registered in Ontario, be submitted for City approval. Municipal Works (Development Engineering) 22. That roadways within the proposed development be designed and constructed in accordance with City Engineering Design Guidelines. 23. That sidewalks within the proposed development be designed and constructed in accordance with City Engineering Design Guidelines. 24. That the existing 300 mm diameter PVC Municipal watermain on McLeod Road be extended west from Matteo Drive to Beechwood Road and south along Beechwood Road to the southern-most intersecting street of this development to form a loop. Cost sharing with the City may be applicable. 25. That the Owner/Developer submits a Functional Servicing Report, signed by a professional engineer licensed to practice in the province of Ontario demonstrating that the existing and proposed watermains and sanitary sewers are sufficient to service all phases of the development. 26. That the water distribution system within the proposed development be designed and constructed in accordance with Ministry of the Environment, Conservation, and Parks and City Engineering Design Guidelines. 27. That testing of the new mains be completed in the presence of a Certified Water Operator using the City’s Watermain Commissioning Checklist. 28. That the sanitary sewer system within the proposed development be designed and constructed in accordance with Ministry of the Environment, Conservation, and Parks and City Engineering Design Guidelines. 29. That future sanitary servicing for lands to the south be investigated and an updated servicing strategy be completed to the satisfaction of the City. Cost sharing with the City may be applicable. 30. That Blocks 214 and 215 be dedicated to the City for stormwater management purposes. Page 37 of 46 Page 277 of 611 PBD-2025-02 January 14, 2025 31. That the Owner/Developer submit a Stormwater Management Report, signed by a professional engineer licensed to practice in the province of Ontario, demonstrating that the proposed storm sewers and stormwater management facilities are sufficient to service all phases of the development. The stormwater management facilities shall be designed and implemented in accordance with the Ministry of the Environment, Conservation, and Parks and any applicable regulatory agencies, to the satisfaction of the City. 32. That existing flows to Thompson’s Creek are maintained, there are no adverse impacts to surrounding properties or downstream flows, and improvements to the safety and ongoing maintenance of Thompson’s Creek are made to the satisfaction of the City. Design confirmation of the size/area of the watercourse block to allow future urban expansion for the watershed drainage area to be completed to the satisfaction of the City. 33. That the storm sewer system within the proposed development be designed and constructed in accordance with Ministry of the Environment, Conservation, and Parks and City Engineering Design Guidelines. 34. That an overland flow route be designed within the proposed road allowances for major storm events in accordance with Ministry of the Environment, Conservation, and Parks and City Engineering Design Guidelines. 35. That weeping tiles be connected to the storm sewer system via sump pumps and all roofwater leaders outlet to grade and be directed to front and/or rear yards. 36. A geotechnical investigation report shall be prepared by a qualified professional that details the existing soil conditions. The report shall identify any underground infrastructure installation constraints that may be encountered during construction. It shall also recommend a road cross-section for the road allowance and provide comment as it relates to the municipal road cross-section guidelines. Material testing shall provide necessary information with respect to handling and disposal of excess excavation material. 37. That a geotechnical report, prepared by a qualified professional, is submitted to the City for review and acceptance prior to start of construction. 38. Lot grading design for the proposed development shall adhere to the City’s Lot Grading & Drainage Policy, as amended. It shall be designed in such a manner as to allow for efficient drainage of surface water away from buildings to a suitable outlet in accordance with City Engineering Design Guidelines. 39. That lot grading within the proposed development be designed and constructed in accordance with the City’s Lot Grading & Drainage Policy, as amended, and City Engineering Design Guidelines. Page 38 of 46 Page 278 of 611 PBD-2025-02 January 14, 2025 40. That street lighting within the proposed development be designed and constructed in accordance with City Engineering Design Guidelines. 41. That the Owner/Developer pays the Street Lighting Inspection Fee in accordance with the latest version of the City’s Schedule of Fees. 42. In accordance with City policy, the Owner/Developer shall accommodate for the provision of one boulevard tree per lot and two boulevard trees per corner lot and shall pay to the City the fee per tree, as identified in the latest version of the City’s Schedule of Fees, for this provision. 43. That the Owner/Developer pays the required fees for boulevard tree plantings in accordance with the latest version of the City’s Schedule of Fees. 44. Municipal Works shall review the proposed development design reports and plans prior to start of construction. These shall include, but are not limited to, functional servicing report, stormwater management report, servicing plans, grading plans, erosion & sediment control plans, plan & profiles, cross sections, streetscape plans, combined utility plans, stormwater management facility plans, sanitary drainage area plans, storm drainage area plans, water distribution plans, and hydrant coverage plans. Municipal Works will accept the plans once they are satisfactory and meet the requirements of Ministry of the Environment, Conservation, and Parks and City Engineering Design Guidelines. 45. That the Owner/Developer provide to the City all necessary design reports and plans for review and acceptance prior to start of construction. 46. The design of the development may necessitate the conveyance of land or easements by the Owner/Developer to the City and/or Public Utilities. 47. That the Owner/Developer convey to the City and/or Public Utilities any easements which may be required to service the subdivision. 48. That road allowances be dedicated to the City as public highways. 49. That the Owner/Developer enters into a separate Subdivision Agreement for each stage of construction. 50. That the Owner/Developer shall be required to pay engineering inspection and administration fees involved with ensuring the design and construction of services required to develop the subdivision are completed in accordance with City Engineering Design Guidelines. The Developer shall also be required to provide quality control through material testing during construction by a qualified geotechnical engineering firm. 51. That the Owner/Developer pays the required fees for engineering inspection and administration in accordance with the latest version of the City’s Schedule of Fees. Page 39 of 46 Page 279 of 611 PBD-2025-02 January 14, 2025 52. That the Owner/Developer pays the applicable development charges in place at the time of Subdivision Agreement execution and Building Permit issuance in accordance with the latest Development Charges By-law. 53. That following completion of construction, the Owner/Developer is required to have an engineering consultant provide written confirmation that the works completed conform with the City’s accepted drawings and are in accordance with Niagara Peninsula Standard Contract Document and City Engineering Design Guidelines. 54. That the Owner/Developer’s engineering consultant provide written confirmation that the works completed conform with the City’s accepted drawings and are in accordance with Niagara Peninsula Standard Contract Document and City Engineering Design Guidelines. 55. That digital data be prepared in accordance with the latest version of the City’s CAD Standards Manual and itemized in accordance with the City’s Schedule of Quantities and Unit Prices template. 56. That the Owner/Developer submit digital data and contract documentation in accordance with the latest version of the City’s CAD Standards Manual and the City’s Schedule of Quantities and Unit Prices template. Municipal Works (Landscape Services) 57. That the Owner/Developer dedicates Block 213 for parkland in accordance with the City’s Parkland Dedication By-law. 58. That the Owner/Developer services, grades and seeds the parkland. 59. That the Owner/Developer constructs a chain-link fence along all City property lines, excluding lot frontages. Fencing shall be 1.8 m high commercial grade, black vinyl coated, chain-link fencing with no gates. 60. That the Owner/Developer constructs a footbridge or culvert over Thompson Creek (between the proposed stormwater management facility and the existing stormwater management facility in the adjacent Forestview Subdivision). 61. That the Owner/Developer constructs a 3-metre-wide paved asphalt trail system to connect Block 213 and Block 215 to the adjacent Forestview Subdivision. 62. That the Owner/Developer constructs a 3-metre-wide paved asphalt trail within Block 214 to connect the stormwater management facility/parkland trail network to McLeod Road. 63. That the Owner/Developer designs and constructs enhanced landscape treatments for the park frontage along Beechwood Road. 64. That the Owner/Developer submits a Landscape Plan, prepared by an Ontario Page 40 of 46 Page 280 of 611 PBD-2025-02 January 14, 2025 Landscape Architect, for review and acceptance prior to the start of construction. 65. That the Owner/Developer submits a tree survey plan that conforms to the City of Niagara Falls Standards for Site Planning. The plan shall be developed by a certified professional and shall identify and evaluate all trees on-site for potential preservation. Boundary trees and trees on adjacent lands (including municipal road allowances) that could be negatively affected by the proposed development shall be preserved unless consent is provided by adjacent landowner(s). The recommendations of the tree survey plan shall be implemented in the proposed design. This includes potential modifications to the project layout and grading plans. Fire Department 66. That the Owner/Developer submits drawings to the Fire Prevention Office that indicate the location and servicing of all proposed fire hydrants. 67. That the Subdivision Agreement shall include a clause that prohibits the installation of flower baskets or other landscaping features that obstruct visibility of street and address signage. Bell Canada 68. That the Owner/Developer acknowledges and agrees to convey any easement(s) as deemed necessary by Bell Canada to service this new development. The Owner/Developer further agrees and acknowledges to convey such easements at no cost to Bell Canada. 69. That the Owner/Developer agrees that should any conflict arise with existing Bell Canada facilities where a current and valid easement exists within the subject area, the Owner/Developer shall be responsible for the relocation of any such facilities or easements at their own cost. Canada Post 70. That the Owner/Developer shall include in all offers of purchase and sale, a statement that advises the prospective purchaser that the home/business mail delivery will be from a designated Centralized Mail Box, and that owners/developers are responsible for officially notifying the purchasers of the exact Centralized Mail Box locations prior to the closing of any home sales. 71. That the Owner/Developer agrees to: a. work with Canada Post to determine and provide temporary suitable Centralized Mail Box locations which may be utilized by Canada Post until the curbs, boulevards and sidewalks are in place in the remainder of the subdivision. b. install a concrete pad in accordance with the requirements of and in locations to be approved by Canada Post to facilitate the placement of Community Mail Boxes Page 41 of 46 Page 281 of 611 PBD-2025-02 January 14, 2025 c. identify the pads above on the engineering servicing drawings. Said pads are to be poured at the time of the sidewalk and/or curb installation within each phase of the plan of subdivision. d. determine the location of all centralized mail receiving facilities in co- operation with Canada Post and to indicate the location of the centralized mail facilities on appropriate maps, information boards and plans. Maps are also to be prominently displayed in the sales office(s) showing specific Centralized Mail Facility locations. 72. Canada Post’s multi-unit policy, which requires that the Owner/Developer provide the centralized mail facility (front loading lockbox assembly or rear-loading mailroom [mandatory for 100 units or more]), at their own expense, will be in effect for buildings and complexes with a common lobby, common indoor or sheltered space. Enbridge Gas Inc. 73. That the Owner/Developer uses the Enbridge Gas Get Connected tool to determine gas availability, service, and meter installation details and to ensure all gas piping is installed prior to the commencement of site landscaping. If the gas main needs to be relocated as a result of changes in the alignment or grade of the future road allowances or for temporary gas pipe installations pertaining to phase construction, all costs are the responsibility of the applicant. 74. That the Owner/Developer provides Enbridge Gas Inc. with easements required to service the development, and any future adjacent developments, at no cost. Niagara Peninsula Conservation Authority (NPCA) 75. That the Owner/Developer provides detailed grading, construction sediment and erosion control drawings to the Niagara Peninsula Conservation Authority for review and approval. The Owner/Developer agrees that all Sediment and Erosion Control Measures shall be maintained in good condition for the duration of construction until all disturbed surfaces have been stabilized. 76. That the Owner/Developer provides a 1.5 metre high (minimum) chain link fencing along the rear lot lines of lots 85-116, to the satisfaction of the NPCA. 77. That the Owner/Developer provides appropriate limit-of-work fencing and ESC fencing along the rear of Lots 85-116 at the boundary of the watercourse block (Block 214), to the satisfaction of the Niagara Peninsula Conservation Authority. 78. That Conditions 74 to 77 be incorporated into the Subdivision Agreement between the Owner/Developer and the City of Niagara Falls, to the satisfaction of the Niagara Peninsula Conservation Authority. The City of Niagara Falls shall circulate the Draft Subdivision Agreement to the Niagara Peninsula Conservation Authority for its review and approval. Page 42 of 46 Page 282 of 611 PBD-2025-02 January 14, 2025 Regional Municipality of Niagara 79. That the Developer/Owner agrees to include the following warning clause within the Subdivision Agreement to protect for any potential archaeological resources that may be discovered during construction activities: “Should deeply buried archaeological remains/resources be found during construction activities, all activities impacting archaeological resources must cease immediately, and the proponent must notify the Archaeology Programs Unit of the Ministry of Citizenship and Multiculturalism (416-212-8886) and contact a licensed archaeologist to carry out an archaeological assessment in accordance with the Ontario Heritage Act and the Standards and Guidelines for Consultant Archaeologists. In the event that human remains are encountered during construction, all activities must cease immediately and the local police as well as the Cemeteries Regulation Unit of the Ministry of Government and Consumer Services (416-326-8800) must be contacted. In situations where human remains are associated with archaeological resources, the Ministry should also be notified to ensure that the site is not subject to unlicensed alterations which would be a contravention of the Ontario Heritage Act.” 80. That an Erosion and Sediment Control (ESC) Plan be prepared for review and approval by the Niagara Region. All ESC measures shall be maintained in good condition for the duration of construction until all disturbed surfaces have been stabilized. Muddy water shall not be allowed to leave the site. 81. That a Grading Plan be provided to the satisfaction of Niagara Region, that demonstrates that existing overland flow patterns are maintained and no grading within the natural heritage features and/or their buffer will occur. The Grading Plan shall designate specific locations for stockpiling of soils and other materials which will at a minimum be outside of the natural heritage features and their buffers and a minimum of 10 metres from the dripline of any trees to be retained. 82. That permanent rear-lot fencing be provided adjacent to the natural heritage features, to the satisfaction of the Niagara Region. A no-gate by-law is recommended to reduce human encroachment and limit the movement of pets into the adjacent natural areas. 83. That the Subdivision Agreement contain wording wherein the Developer/Owner agrees to implement the approved Erosion and Sediment Control Plan, Grading Plan, Ecological Restoration and Enhancement Plan, and Ecological Monitoring Plan. 84. That the Owner/Developer provides a written acknowledgement to Niagara Region stating that draft approval of this subdivision does not include a commitment of servicing allocation by Niagara Region as servicing allocation will not be assigned Page 43 of 46 Page 283 of 611 PBD-2025-02 January 14, 2025 until the plan is registered and that any pre-servicing will be at the sole risk and responsibility of the Owner. 85. That the Owner/Developer provides a written undertaking to Niagara Region stating that all Offers and Agreements of Purchase and Sale or Lease, which may be negotiated prior to registration of this subdivision shall contain a clause indicating that servicing allocation for the subdivision will not be assigned until the plan is registered, and a similar clause be inserted in the Subdivision Agreement between the Owner and the City. 86. That verification of the available wet weather sanitary capacity in the South Niagara Falls system required to accommodate development be submitted for review and approval by Niagara Region and the City of Niagara Falls. Based on the information submitted, the Region/City will be requiring flow monitoring conditions be included in the agreement to verify, if required, that the estimated wet weather flows are being met in the field after construction of the sanitary sewers and before assumption by the City. If the verification is unsuccessful, mitigation measures may be required. 87. That the Owner/Developer provide engineering drawings to the Region for review and approval for the works proposed in McLeod Road to ensure the Region’s watermain is protected. 88. That prior to the approval of the final plan of subdivision or the undertaking any onsite grading or storm servicing, the Owner/Developer shall submit a Detailed Stormwater Management Plan and all associated engineering drawings (stamped and signed by a qualified professional engineer in accordance with the Ministry of the Environment and Climate Change’s Stormwater Management Planning and Design Manual, 2003 and the Niagara Peninsula Conservation Authority’s Stormwater Management Guidelines, 2010 to the Niagara Region for review and approval. The stormwater management engineering submission shall include: a. Detailed lot grading, servicing and drainage plans, noting both existing and proposed grades and the means whereby overland flows will be accommodated across the site. b. Detailed erosion and sedimentation control plans. c. That prior to final approval for registration of this plan of subdivision, the Owner shall submit the confirmation from City CLI-ECA for the stormwater management facility required to service this development. 89. That the Subdivision Agreement between the Owner/Developer and the City of Niagara Falls contain provisions whereby the Owner/Developer agrees to implement the approved plan(s) required in accordance with the condition above. 90. That the Subdivision Agreement contain a condition that the Owner/Developer agrees to comply with the requirements of Niagara Region’s Corporate Waste Page 44 of 46 Page 284 of 611 PBD-2025-02 January 14, 2025 Collection Policy and enters into an Indemnity Agreement with Niagara Region for the purpose of entering the subject property to provide waste collection services. 91. That the “Compatibility/Mitigation Study—Air Quality, Noise and Vibration”, prepared by SLR Consulting (Canada) Ltd. (dated March 23, 2022), as well as any subsequent revisions thereto, be approved by Niagara Region. 92. That the Owner/Developer agrees to implement the recommendations of the approved Compatibility/Mitigation Study, as required in the condition above. 93. That the Screening Level Quantitative Risk Assessment, prepared by SA Consulting (dated March 30, 2024), as well as any subsequent revisions thereto, be approved by Niagara Region 94. That the Owner/Developer agrees to implement any recommendations of the approved Risk Assessment, as required in the condition above. NOTES 1) Prior to granting final approval, the City must be in receipt of written confirmation that the requirements of each condition have been met satisfactorily and that all fees have been paid to the satisfaction of Niagara Region. Clearance requests shall be submitted to the Region in accordance with the Memorandum of Understanding, which stipulates that requests for formal clearance of conditions are to be received and circulated to the Region by the local municipality. The local municipality is also responsible for circulating a copy of the draft agreement, and the Region is unable to provide a final clearance letter until the draft agreement is received. The Region is committed to reviewing submissions related to individual conditions prior to receiving the formal request for clearance. In this regard, studies and reports (one hard copy and a PDF digital copy) can be sent directly to the Region with a copy provided to the local municipality. 2) Prior to final approval for registration, a copy of the executed Subdivision Agreement for the proposed development should be submitted to Niagara Region for verification that the appropriate clauses have been included. Niagara Region recommends that a copy of the draft agreement be provided in order to allow for the incorporation of any necessary revisions prior to execution. Clearance of Conditions Prior to granting approval to the final plan, Planning, Building & Development requires written notice from applicable City Divisions and the following agencies indicating that their applicable fees have been paid and their respective conditions have been satisfied: • Legal Services for Conditions No. 2 and 3 • Planning and Development for Conditions No. 4 to 11 (inclusive) Page 45 of 46 Page 285 of 611 PBD-2025-02 January 14, 2025 • Municipal Works (Transportation Services) for Conditions No. 12 to 21 (inclusive) • Municipal Works (Development Engineering) for Conditions No. 22 to 56 (inclusive) • Municipal Works (Landscape Services) for Conditions No. 57 to 65 (inclusive) • Fire Department for Conditions No. 66 and 67 • Bell Canada for Conditions No. 68 and 69 • Canada Post for Conditions No. 70 to 72 (inclusive) • Enbridge Gas Inc. for Conditions No. 73 and 74 • Niagara Peninsula Conservation Authority for Conditions No. 75 to 78 (inclusive) • Regional Municipality of Niagara for Conditions No. 79 to 94 (inclusive) Page 46 of 46 Page 286 of 611 Address: 9304 McLeod Road & PID 1337 Applicant: 800460 Ontario Limited Proposal: To facilitate the development of 544 dwelling units, parkland, and a stormwater management facility Official Plan Amendment, Zoning By-law Amendment & Draft Plan of Subdivision Modification Applications AM-2024-035 & 26T-11-2023-002 Page 287 of 611 A GREAT CITY…FOR GENERATIONS TO COME Location Thompson’s Creek Agricultural Lands Forestview Estates Subdivision Vacant Lands Zoned Light Industrial Faith Factor Church Dan’s Produce Detached Dwellings Page 288 of 611 A GREAT CITY…FOR GENERATIONS TO COME Background Official Plan •Designated Industrial, in part, Environmental Protection Area, in part, and Environmental Conservation Area, in part •An Official Plan Amendment is proposed to redesignate the lands to Residential, in part, Open Space, in part, and Environmental Protection Area, in part, with a Special Policy Area that will restrict building heights to 10 metres Zoning By-law No. 79-200 •Zoned Light Industrial Zone, in part, Hazard Land Zone, in part, and Development Holding Zone, in part •A Zoning By-law Amendment is proposed to rezone the lands to site-specific Residential Mixed Zone, in part, site-specific Open Space Zone, in part, and site-specific Environmental Protection Area Zone, in part •The applicant is also proposing to repeal By-law No. 2023-078 upon the new amending by-law coming into force and effect Page 289 of 611 A GREAT CITY…FOR GENERATIONS TO COME Demonstration Plan Page 290 of 611 A GREAT CITY…FOR GENERATIONS TO COME Proposed Zoning Page 291 of 611 A GREAT CITY…FOR GENERATIONS TO COME Proposed Land Use Designations Page 292 of 611 A GREAT CITY…FOR GENERATIONS TO COME Approved Draft Plan of Subdivision Page 293 of 611 A GREAT CITY…FOR GENERATIONS TO COME Modified Draft Plan of Subdivision Page 294 of 611 A GREAT CITY…FOR GENERATIONS TO COME Neighbourhood Comments •A Public Information Open House was held on December 3rd, 2024 •Attended by the applicant, their agent, and their lawyer, along with a staff representative of Cytec Canada Inc. and their planner •Written comments were also submitted by the solicitors of Cytec Canada Inc. The comments note that Council’s consideration of the proposed applications is premature given the ongoing appeal with the Ontario Land Tribunal. It is noted that Staff are processing the applications in accordance with the Planning Act timelines and have provided Council with recommendations based on the merits of the submitted applications Page 295 of 611 A GREAT CITY…FOR GENERATIONS TO COME Recommendations •That Council approve the Official Plan Amendment and Zoning By-law Amendment, subject to the regulations and modifications outlined in Report No. PBD-2025-02; •That Council authorize the inclusion of a Holding (H) provision in the amending by-law; •That the McLeod Meadows Draft Plan of Subdivision, as modified, be draft approved, subject to the conditions contained in Appendix A of Report No. PBD-2025-02; •That Draft Plan approval be granted for three years; and •That the Mayor or designate be authorized to sign the Draft Plan of Subdivision and execute the Subdivision Agreement(s)Page 296 of 611 McLeod Meadows McLeod Rd and Beechwood Rd Niagara Falls Public Meeting: January 14, 2025 ▪Official Plan Amendment ▪Zoning By-law Amendment ▪Modified Draft Plan of Subdivision Prepared by NPG Planning SolutionsPage 297 of 611 •Proposed Development: ➢544 dwelling units in total ➢149 lots for single detached dwellings ➢287 on-street townhouse dwellings ➢108 back-to-back townhouse dwellings •Applications Submitted: ➢Modifications to approved Draft Plan of Subdivision (Draft Plan) ➢Zoning By-law Amendment (ZBA) ➢Official Plan Amendment (OPA) Proposed Development / Applications Public Meeting – January 14, 2025Page 298 of 611 Subject Lands and Surrounding Context •Lot Area: 22.92 ha •Frontage: 618.24m (McLeod Rd) and 367.14m (Beechwood Rd) Page 299 of 611 Draft Plan of Subdivision •544 dwelling units •149 lots for singles (yellow) •34 blocks for 201 street towns (orange) •14 blocks for 108 back-to-back towns (red) •15 blocks for 86 reverse street towns (brown) •Park (green) •Blocks for stormwater facility/pond and watercourse (white)Page 300 of 611 Summary ✓The proposed Official Plan and Zoning By-law Amendments are to facilitate modifications to the approved Draft Plan of Subdivision that will provide 544 new housing units; ✓The proposed residential subdivision is located adjacent to an existing residential subdivision, will connect to existing adjacent services, and utilize existing infrastructure; and, ✓The proposal is consistent with the PPS and conforms to the Niagara Official Plan. Public Meeting – January 14, 2025Page 301 of 611 Al Burton 416-868-3113 aburton@trlaw.com Letter Email Only Al Burton To City of Niagara Falls. SENT BY EMAIL ONLY January 10, 2025 Mayor Diodati and Members of Council City of Niagara Falls P.O. Box 1023 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Mayor Diodati and Members of Council: Cytec Canada Inc. re McLeod and Beechwood Site Cytec Arcs Official Plan and Zoning By-law Amendment and Draft Subdivision Modification Municipal File # AM-2024-035 and 26T-11-2023-002 Our File No. 500673 We are the solicitors for Cytec Canada Inc. (“Cytec”) – part of Syensqo. We have been requested by Cytec to provide submissions to City Council regarding the proposed Official Plan Amendment and Zoning By-law Amendment under the City’s above referenced file in advance of the statutory public meeting to be held on January 14, 2025. We previously wrote to City Staff on December 30, 2024 with a comprehensive set of comments. A copy of our previous letter is attached for Council’s ease of reference. Cytec maintains its objection to the proposal. It is our understanding from staff and City legal counsel that Council may make a determination on the current applications immediately following the public meeting on January 14, 2025. We note that such a hasty decision by Council could appear to have all the hallmarks of a decision reached in bad faith. Cytec reserves all its rights to pursue any remedies that may be necessary in the circumstances, including, but not limited to, appeals to the Ontario Land Tribunal (“Tribunal”) and/or seeking relief from the Superior Court of Justice. Page 302 of 611 -2- Our previous letter addressed Cytec’s concern that the new applications address the exact same lands and a similar proposal on the subject lands that is to be adjudicated by the Tribunal at a hearing currently scheduled to commence on April 7, 2025. In the circumstances, it would not be appropriate for the City to make any determination on the applications in advance of the Tribunal’s scheduled hearing. These applications appear to be a bald attempt to curtail any land use planning appeal rights Cytec may have and to stifle Cytec’s input with respect to land use compatibility concerns for Cytec’s facility. In the event that Council does make a determination on the applications before it on January 14, we respectfully request that the Official Plan Amendment include explicit reference to the 2km Cytec arc as detailed in our previous correspondence. As we have explained, the inclusion of a reference to the 2km Cytec arc would be consistent with City’s planning program that has been implemented over the course of many years and which has been approved and implemented in various Ontario Municipal Board (as it then was) decisions. The 2km Cytec arc is part of the Provincially approved Regional Official Plan as well. We respectfully reiterate our previous request for notice of any City reports, notice any of continued consideration of this proposal and/or adoption of the Official Plan Amendment and/or passage of the Zoning By-law Amendment. By copy of this letter to City Clerks and City Planning, we request that this letter and our previous letter dated December 30, 2024 be distributed to City Council prior to the public meeting. We thank City Council for its consideration of our correspondence. Cytec looks forward to continuing to work with the City to ensure that Cytec remains a vibrant and important contributor to the City’s well being. Yours very truly, Al Burton AB/ab Page 303 of 611 -3- cc: Bill Matson, City Clerk, City of Niagara Falls cc: Kira Dolch, Director of Planning, Building and Development, City of Niagara Falls cc: Brian Dick, Manager of Policy Planning, City of Niagara Falls cc: Jeff Dyck, Site Director, Cytec cc: Michael Manning, Interim Site Director, Cytec cc: Ken Milo, Environmental Rehabilitation Officer, Cytec cc: Glenn Wellings, Wellings Planning Consultants Page 304 of 611 Al Burton 416-868-3113 aburton@trlaw.com Letter Email Only Al Burton To City of Niagara Falls. SENT BY EMAIL ONLY December 30, 2024 Ms. MacKenzie Ceci Senior Planner (Current Development) City of Niagara Falls P.O. Box 1023 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Ms. Ceci: Cytec Canada Inc. re McLeod and Beechwood Site Official Plan and Zoning By-law Amendment and Draft Subdivision Modification Municipal File # AM-2024-035 and 26T-11-2023-002 Our File No. 500673 We are the solicitors for Cytec Canada Inc. (“Cytec”) – part of Syensqo. We have been requested by Cytec to provide submissions to City Staff regarding the proposed Official Plan Amendment and Zoning By-law Amendment under the City’s above referenced file. As part of the proposed amendments, the current applications seek that the lands municipally addressed as 9304 McLeod Road (“McLeod/Beechwood lands”) be converted from being designated and zoned as employment/industrial lands to residential uses. Cytec objects to this proposal. There is insufficient planning and environmental justification in support of the conversion request. We note that the McLeod/Beechwood Lands are currently the subject of existing appeals (OPA 147 and the related zoning by-law amendment) at the Ontario Land Tribunal (“Tribunal”), with a two week hearing currently scheduled to commence on April 7, 2025. We respectfully submit that it would be improper for the City to make a determination on the subject applications in advance of the Tribunal’s proceedings. Page 305 of 611 -2- It is our view that this proposal is ill founded, is contrary to section 2 of the Planning Act and is inconsistent with the Provincial Policy Statement (“PPS 2024”). Moreover, this proposal is contrary to the City’s longstanding planning program implemented over the last 25 years including the Cytec 2 km arc, and height and use restrictions beyond the Cytec 2 km arc. Our detailed submissions follow: Background Cytec is a major chemical manufacturing company with operations located in Niagara Falls for more than 100 years. Cytec manufactures phosphine and phosphine derivatives in its facility located on its lands fronting Garner Road. Cytec is the only phosphine manufacturer in North America and one of only a very small number of manufacturers globally. Cytec exports its product worldwide from its Niagara Falls facility to a variety of critical applications for mining, agricultural, high-end electronics and pharmaceutical industries to name a few. Also located on its lands is a research lab facility to continue potential investment at the site as well as develop new sustainable commercial products. Cytec is a substantial and significant contributor to the City’s economic well-being including significant tax revenue as well as carrying out a $165 million plant expansion less than a decade ago. Additionally, Cytec is one of the largest chemical manufacturing employers within the Niagara region. Garner Road Location Cytec’s major landholdings in the City are located north of the Welland River fronting on Garner Road and consisting of approximately 1,000 acres (“the Cytec lands”). The Cytec lands include Thompson’s Creek. The protection of the integrity of Thompson’s Creek is of substantial importance to Cytec owing to its use by the facility. Cytec is part of the longstanding industrial precinct in this part of the City. Fundamental to Cytec’s operations was and is the City’s existing prior planning program as originally requested by Cytec, refined and implemented by the City’s Planning Department, endorsed and supported by City Council, and upheld from time to time by the Ontario Municipal Board/Local Planning Appeal Tribunal (now the Tribunal) over the last twenty- five years or so. The City’s existing planning program was a critical factor that allowed the Niagara Falls Page 306 of 611 -3- site to be successfully expanded. The proposal to redesignate and rezone the McLeod/Beechwood lands to residential now being considered by the City jeopardizes the operation and the viability of Cytec’s designated and zoned heavy industrial lands. The Planning Program The existing planning program implements the fundamental planning principle that sensitive land uses such as residential land uses, overnight accommodation uses, assembly hall type uses, day cares, nursing homes etc. are required to be separated from heavy industrial users. This planning program is implemented in part through the long-standing Cytec arc - being a 2 km separation distance/arc (“the Cytec arc”). Within the Cytec arc, land uses are restricted to industrial, commercial and less intense recreational land uses, e.g. nature uses or golf courses. Residential land uses or overnight accommodations or other sensitive land uses are prohibited. Outside the arc, but proximate to the arc, restrictions are implemented on the height of land uses and the type of land uses is refined and/ or prohibited, e.g. daycares or nursing homes are of concern. Additionally on residential development outside but near the arc there is the requirement for a notice clause regarding the Cytec land use. This planning program addresses three fundamental objectives: mitigation of adverse effects; minimization of risk to public health and safety; and maintenance of the long-term viability of existing industries. From Cytec’s perspective these factors are of critical importance, and this planning program, including the arc, appropriately manage the risk safety profile of a major chemical manufacturing facility. These principles were incorporated into the original Grand Niagara Resort Official Plan Amendment #37 (approved by the Ontario Municipal Board as it then was) and into the Heartland Forest Official Plan Amendment #40. Subsequent Secondary Plans (Official Plan Amendments) being the Garner South Secondary Plan and the Grand Niagara Secondary Plan continued to implement these principles. All implementing planning approvals respect the Cytec arc in the Zoning By-law(s), plan(s) of subdivision, site plan(s) and consent(s). Additionally, the Province recognized the 2 km arc in its modifications to the Region’s Official Plan. Cytec has significant concerns that the City Planning Department is not appropriately assessing the safety risk profile of a major chemical manufacturing facility. We note that the original proposal leading up to the adoption of OPA 147 had no risk assessment undertaken by the proponent. The current proposal’s risk assessment document is substantially flawed and will be challenged at the Tribunal, if the developer chooses to rely on it at the hearing. The technical environmental documents dealing with compliance at the Page 307 of 611 -4- fence line are not the documents to be relied upon for the 2 km arc. Those documents demonstrate to the Ministry of Environment, Conservation and Parks compliance with the issued Environmental Compliance Approval (ECA) on an ongoing continuing basis. Those documents do not consider an accidental release of phosphine as a toxic gas which would require an excavation order. The current and long-standing 2 km arc for public safety purposes provides the necessary factor to manage that risk safety profile. 9304 McLeod Road (McLeod/Beechwood Lands) The McLeod/Beechwood lands are designated industrial under the Official Plan and similarly zoned light industrial (leaving aside environmental lands). To the south, including the Cytec’s lands, are designated industrial and zoned heavy industrial lands. As such, there is a transition from heavy industrial to light industrial to the north which is and remains appropriate. Consistent with historical statements, it is Cytec’s strong preference that the McLeod/Beechwood lands remain industrial. The conversion of the McLeod/Beechwood lands for residential (or overnight accommodation uses, assembly hall uses, and/or daycares or nursing homes) and other sensitive land uses on the southern part of the McLeod/Beechwood lands – i.e. lands within the Cytec arc -- is unsupportable and not consistent with the protection of public health mandates. Inclusion of a height restriction of 10 m within the 2 km arc for residential uses does not address the requirements previously set out in this letter. City Planning had previously mapped the 2 km arc which approximately bisects the McLeod/Beechwood lands in half. The northern part of the McLeod/Beechwood lands must be, at a minimum, subject to the City’s planning program as implemented on other surrounding residential and similar sensitive land uses, presuming that part of the McLeod/Beechwood lands could ultimately satisfy the other planning tests for conversion. It is noted that there are substantial hurdles in the Provincial planning framework for such conversion which remain unsatisfied. We also note that given the proximity of the McLeod/Beechwood lands to a tributary of Thompson’s Creek that Cytec also has concerns regarding any impact that development may have on the quantity and quality of the surface waters provided to the facility by Thompson’s Creek. These are similar concerns to those previously expressed by Cytec on the Forestview subdivision approval to the east of the McLeod/Beechwood lands. Page 308 of 611 -5- Request of City Staff We respectfully request that City Staff recommend that given the ongoing proceedings at the Tribunal, the current proposal is premature for the Official Plan Amendment/Zoning By- law Amendment for employment land conversion of the McLeod/Beechwood lands – municipally addressed as 9304 McLeod Road. Request for Notice We respectfully request notice of any City reports, notice of any continued consideration of this proposal and/or adoption of the Official Plan Amendment and/or passage of the Zoning By-law Amendment. The addresses follow: Glenn Wellings Al Burton Wellings Planning Consultants Inc. Thomson Rogers LLP 513 Locust Street, Unit B, Suite 3100, 390 Bay St. Burlington ON L7S 1V3. Toronto, ON M5H 1W2 E: glenn@wellingsplanning.ca E: aburton@trlaw.com Conclusion We ask that this letter be distributed to City Council prior to the public meeting. Cytec looks forward to continuing to work with the City to ensure that Cytec remains a vibrant and important contributor to the City’s well being. Yours very truly, . Al Burton AB/ab cc: Bill Matson, City Clerk, City of Niagara Falls cc: Kira Dolch, Director of Planning, Building and Development, City of Niagara Falls cc: Brian Dick, Manager of Policy Planning, City of Niagara Falls Page 309 of 611 -6- cc: Michael Manning, Interim Site Director, Cytec cc: Ken Milo, Environmental Rehabilitation Officer, Cytec cc: Glenn Wellings, Wellings Planning Consultants Page 310 of 611 CAO-2025-01 Report Report to: Mayor and Council Date: January 14, 2025 Title: Municipal Accommodation Tax Recommendation(s) 1. That Council RECEIVE the attached report and proposed Municipal Accommodation Tax bylaw. 2. That Council APPROVE the attached Bylaw. 3. That Council DIRECT Staff to develop and negotiate an agreement with a new eligible tourism entity or entities to administer the allocated funds. The final agreement will require approval from Council. Executive Summary The Municipal Accommodation Tax (MAT) is a tool provided to municipalities under the Municipal Act that provides funding for the City and the tourism industry to support initiatives to support the tourism industry, as well as programs and services that visitors take advantage of when visiting (including but not limited to things such as roads, transit infrastructure, culture, parks, natural areas and recreation assets). The MAT is paid for by visitors to the City and not the residents of the City. The tourism industry is a key industry in Niagara Falls and the broader Niagara Region. The industry provides a significant property tax base for the City of Niagara Falls and Niagara Region. Though the City is a premiere leisure destination in Canada it has not seen significant private sector investment or increases in visitation over the last number of years. The City entered into discussions with the industry and our current eligible tourism entity (the Niagara Falls Canada Hotel Association or "Hotel Association") to look for changes to the MAT to support the growth of the tourism industry in the City. These consultations were the basis of the changes proposed. Based on direction provided to staff by Council from a previous in-camera meeting in November, staff have brought this proposed new MAT bylaw to Council. Page 1 of 13 Page 311 of 611 Background The City of Niagara Falls had first established a MAT in 2018 (Bylaw 2018-104). The MAT was set at $2 per room night, that amount has not been adjusted since the initial date. Niagara Falls had originally established the MAT as a fixed dollar amount while almost all other destinations use a percentage (%) of the room rate for this type of tax, as such the use of a flat rate is an anomaly. The current level of the tax is the lowest of any major destination in Canada. To put this in perspective a $2 tax would be the equivalent of a 2% MAT tax with an average room rate of $100 per night. Most municipalities establish the MAT at a rate above 2% and the average daily rate in Niagara Falls is significantly higher than $100. Based on a review of other destinations, a third party marketing review undertaken by the Hotel Association it was determined that the current level of MAT was significantly below all other destinations and an increase was needed to provide additional support to the industry to allow it to be competitive in the industry. Analysis The proposed bylaw provides a number of improvements, the key ones are: 1. The increase is significant and will provide more resources to better promote the destination. 2. There is more structure and rigor to the use of the MAT. There are stated goals and objectives to the MAT, there is a direct link to a strategic plan as well as best practice research supporting the use of MAT. The uses of the MAT by both the City and the Industry must be aligned to the approved strategic plan. The nature of the development of the plans and activities increase the alignment between City and Industry activities. 3. The formation of a new tourism entity will improve representation and efficiency in the destination. Currently, the Hotel Association receives the MAT and then funds another not for profit organization, Niagara Falls Tourism to undertake significant destination marketing and other activities. By creating one organization that has "C-Suite" representatives from across the various aspects of the tourism industry should increase efficiency on strategy development and execution of the marketing activities. 4. There is more equity in rate formation. Currently a small motel charging a lower daily rate pays the exact same as a major fallsview area hotel, even though their rate is significantly higher. A percentage based MAT accounts for this however a fixed rate MAT does not. The proposed bylaw has a MAT that is based on the star ratings for the hotels which will assist with this equity issue. Operational Implications and Risk Analysis Page 2 of 13 Page 312 of 611 The City will have increased operational responsibilities on the agreed to activities the City will undertaken. The City will increase certain activities, tourism corridor maintenance, sports tourism for example, as such the City has accounted for these costs and related revenue in its 2025 budget and operational plans. Financial Implications/Budget Impact Activities undertaken by the City will be funded from the City's allocation of MAT. As such there will be an increase in revenue and an equal amount of offsetting expense. There will be no impact on the taxpayer. An estimate of the revenue and the costs will be forecasted in the 2025 budget. 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 Transient Accommodation Tax By-law - revisedJB.LegalEdits.2.DraftClean Written by: Jason Burgess, CAO Submitted by: Status: Jason Burgess, CAO Approved - 07 Jan 2025 Page 3 of 13 Page 313 of 611 CITY OF NIAGARA FALLS By-law No. 2024 – A by-law to establish a Municipal Accommodation Tax and repeal By-law No. 2018-104 and By-law No. 2021-58. WHEREAS The Corporation of the City of Niagara Falls may, by by-law, impose a tax in respect of the purchase of transient accommodation in the municipality, in accordance with Part XII.1 of the Municipal Act, 2001, S.O. 2001 c. 25, as amended, (the “Act”), and the Transient Accommodation Tax Regulation O. Reg. 435/17; AND WHEREAS The Corporation of the City of Niagara Falls has passed by-laws for the establishment of a Municipal Accommodation Tax to be imposed on the purchase of short-term accommodations within the City of Niagara Falls; AND WHEREAS pursuant to section 400.1 of the Act and the O. Reg. 435/17, the Council of The Corporation of the City of Niagara Falls wishes to establish the tax rate and to levy on the purchase of transient accommodation within the City of Niagara Falls; AND WHEREAS section to pursuant s the Act, 400.4 of 400.1(3) and Council can establish enforcement measures as Council considers appropriate if an amount assessed for outstanding tax, penalties or interest remains unpaid after it is due; AND WHEREAS after due consideration, evaluation and consultation, the Council for The Corporation to has decided Niagara of City the of Falls previous the repeal Municipal Accommodation Tax By-law, as amended, and establish a new By-law in order to better support the City of Niagara Falls as a world class destination; AND WHEREAS the revenue to be generated by the Municipal Accommodation Tax is to be shared with a non-profit entity for the promotion of the City of Niagara Falls as a world class tourism destination; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Definitions 1.1 For the purposes of this By-law: 1.1.1 “Accommodation” means lodging, and the right to use lodging, that is provided for consideration, whether or not the lodging is actually used; 1.1.2 “Accommodation Property” includes: Page 4 of 13 Page 314 of 611 2 1.1.2(1) a hotel, motel, inn, bed and breakfast, whole home vacation rental, vacation rental unit or other such lodging; and 1.1.2(2) the use of a bedroom, a suite of rooms containing a bedroom, or the use of a bed within a bedroom; 1.1.3 “City” means The Corporation of the City of Niagara Falls; 1.1.4 “Council” means the Council of The Corporation of the City of Niagara Falls; 1.1.5 “Eligible Tourism Entity” has the meaning given to it in O. Reg. 435/17, as amended, and may include one or more such entities; 1.1.6 “Establishment” means the physical location, a building or part of a building that provides Accommodation; 1.1.7 “Municipal Accommodation Tax” or “MAT” means the tax imposed under this By-law. This tax is applied on top of charges for tourist accommodation for each night of stay; 1.1.8 “Priority Destination Spending” has the meaning given to it in Section 11;and 1.1.9 “Transient Accommodation Provider” means the person or legal entity that operates an Accommodation Property. 2. Purpose of the Municipal Accommodation Tax 2.1 The purpose of the MAT is to support and grow the tourism industry in the City of Niagara Falls and to improve the livability of the City for the residents of Niagara Falls. 2.2 The identified goals of the MAT include, but are not limited to: 2.2.1 Increase tourism visitation; 2.2.2 Increase total tourism spend; 2.2.3 Increase tourism asset development and tax assessment; and 2.2.4 Undertake environmental sustainability initiatives in support of the tourism industry and the broader community. 2.3 The MAT can support a number of activities including, but not limited to: 2.3.1 Destination marketing; Page 5 of 13 Page 315 of 611 3 2.3.2 Special events; 2.3.3 In destination activities; 2.3.4 Demand generation development; 2.3.5 Convention and meeting attraction support; 2.3.6 Supporting Regional wide activities that will lead to economic activity in the City of Niagara Falls; 2.3.7 Beautification activities; 2.3.8 Infrastructure development; 2.3.9 Sports tourism activities; 2.3.10 Tourism studies; and 2.3.11 Cost to administer the program. 3. Application of Municipal Accommodation Tax 3.1 A purchaser shall, at the time of purchasing or otherwise acquiring Accommodation, being Accommodation for a continuous period of less than twenty-eight (28) nights in an Accommodation Property, pay a Municipal Accommodation Tax as prescribed in this By-law. For further clarity even if the travelling public otherwise acquires Accommodationpurchases or a period for exceeding twenty-eight (28) nights and a landlord tenant relationship is not established then the MAT will apply. The MAT will apply even if the Accommodation is provided to the travelling public for free or at no cost. 3.2 A Transient Accommodation Provider, providing Accommodation for a continuous period of less than twenty-eight (28) nights in an Accommodation Property, or for periods than greater twenty-eight (28) nights but tenant landlord a where relationship is not established, shall include on every invoice or receipt for the purchase of short-term accommodation, a separate item for the amount of the Municipal Accommodation Tax imposed on the purchase. 3.3 The Municipal Accommodation Tax shall be applied based on the rating of the Accommodation Property in the following amounts: 3.3.1 Five (5) Star - Seven Dollars ($7.00); 3.3.2 Four (4) Star - Six Dollars ($6.00); 3.3.3 Three (3) Star - Five Dollars ($5.00); 3.3.4 Two (2) Star - Four ($4.00); and Page 6 of 13 Page 316 of 611 4 3.3.5 Unrated properties - Five ($5.00). 3.4 The amount of the tax entered pursuant to section 3.3 above, shall be identified as the Municipal Accommodation Tax on the invoice or receipt, as the case may be. 4. Exemptions 4.1 Municipal Accommodation Tax imposed by subsection 3 above, does not apply to: a. and Ontario, of right Crown in every of agency every the Crown, the authority, board, commission, corporation, office, organization of persons a majority of whose directors, members or officers are appointed or chosen by Gnew of authority the under or Lt. of member a or Council in ov. the Executive Council; b. every board as defined in subsection 1(1) of the Education Act, R.S.O. 1990, c. E.2; c. every university in Ontario and every college of applied arts and technology and postsecondary institution in Ontario, whether or not affiliated with the university, the enrolments of which are counted for the purposes of calculating annual operating grant entitlements from the Crown on accommodations provided to students while a student is registered and attending the institution; d. every hospital referred to in the list of hospitals and their grades and classifications maintained by the Minister of Health and Long-Term Care the under ActPublic Hospitals c. P.40,, R.S.O. 1990, and every private hospital under the authority license issued under the Private Hospitals Act, R.S.O. 1990, c. P.24; e. every long-term care home as defined in subsection 2(1) of the Long-Term Care Homes Act, 2007, S.O. 2007, c. 8, retirement home, and hospice; f. every treatment center that receives provincial aid under the Ministry of Community and Social Services Act, R.S.O. 1990, c. M.20; g. every house of refuge, or watching for the reformation of offenders; h. every charitable, non-profit philanthropic corporation organized as shelters for the relief of the poor or for emergency; i. every tent or trailer site supplied by a campground, tourist or trailer park; j. every accommodation supplied by employers to their employees in the premises operated by the employer; and Page 7 of 13 Page 317 of 611 5 k. every hospitality room in an establishment that does not contain a bed and is used for displaying merchandise, holding meetings, or entertaining. 5. Change in Municipal Accommodation Tax Rates 5.1 In the event an expansion to the Niagara District Airport is approved by the Niagara District Airport Commission and the municipal owners of the airport, there shall be a minimum One Dollar ($1.00) increase to the MAT set out in section 3.3 above, for all Accommodation Properties. This additional tax increase will be used to support the capital cost of such expansion and/or marketing support for airport activities. 5.2 In the event a visitor transportation system is developed and implemented within the City of Niagara Falls, there shall be a minimum One Dollar ($1.00) increase to the MAT set out in section 3.3 above, for all Accommodation Properties. 5.3 the event In Province of the Ontario Canada of Government the or a provides materially significant funding source that requires matching contributions from the City, the MAT may be increased for such purpose. 5.4 Other MAT rate increases (in addition to the automatic minimum $1.00 increase under each of Sections 5.1 and 5.2 and any increase under Section 5.3) can be undertaken by Council with a minimum ninety (90) days’ notice period to the tourism industry. aPrior to MAT increase topursuant subsectionthis , Council requires formal industry consultation, adequate study and review including, but not limited to, a third-a the current performance of activities, of review party the competitive analysis of other North American destinations, and a formal plan with articulated goals of the additional or incremental MAT increase. 5.5 In the event of a request from the Eligible Tourism Entity to Council for a change in the MAT rate, Council shall evaluate this request. 6. Tax Collected by Transient Accommodation Provider 6.1 A Transient Accommodation Provider shall include on every invoice or receipt for the purchase of Accommodation identified as "Municipal a separate item , Accommodation Tax” setting out the amount of Municipal Accommodation Tax imposed on the purchase. 6.2 A Transient Accommodation Provider shall collect the Municipal Accommodation Tax from the purchaser at the time the Accommodation is purchased or otherwise acquired. 6.3 The Municipal Accommodation Tax collected by Transient Accommodation Providers shall be remitted to the Treasurer of the City of Niagara Falls, or their designate, on the last day of each month by electronic transfer. Page 8 of 13 Page 318 of 611 6 6.4 Each Transient Accommodation Provider that remits the Municipal Accommodation Tax shall forward to the Treasurer of the City of Niagara Falls, or their a completed Remittance designate, Form by e- addremail to ssed finance@niagarafalls.ca. 6.5 amount assess may The City an assumed of MAT owing tax if the Transient Accommodation Provider fails to provide payment and/or reporting as required in accordance with the provisions of this By-law. 7. Penalties and Interest 7.1 the rate applicable be shall taxes to overdue property and interest Penalties at payable by a Transient Accommodation Provider on the non-payment of the full amount of the Municipal Accommodation Tax by the due date set out in the notice, and interest may be added on the first day of default and on each month thereafter in which the default continues. 8. Liens 8.1 All Municipal Accommodation Tax penalties and interest that are past due shall be deemed by be transferred to the and shall Treasurer to be in arrears, the City Transient Accommodation Provider’s property tax roll to be collected by the City in the same manner as municipal property taxes and shall constitute a lien upon the Accommodation Property. 9. Audit and Inspection 9.1 Every records, account, of books keep provider Accommodation Transient shall and documents sufficient to furnish the City and its designated tax collectors with the of sales particulars necessary of Accommodation, amount of MAT collected and remittance. 9.2 City’s The Treasurer or their designate, books, all audit and may inspect documents, transactions and accounts of Transient Accommodation Providers and require Transient Accommodation Providers to produce copies of any documents or records within a reasonable time required for the purposes of administering and enforcing this By-law, as required. 9.3 The cost of audits for the Transient Accommodation Providers, pursuant to this section 9, will be shared equally by the Eligible Tourism Entity and the City. 10. Eligible Tourism Entity 10.1 The City will enter into an agreement with an Eligible Tourism Entity effective January 1, 2026. 10.2 The members of an Eligible Tourism Entity must represent a broad cross-section of the local tourism industry. Page 9 of 13 Page 319 of 611 7 10.3 The Eligible Tourism Entity will be required to develop a five (5) year strategy document for the promotion of Niagara Falls as a world class tourism destination, as well as an annual plan. The strategy document and annual plans will be presented to Council along with progress updates in relation to the plan and the goals of the MAT. 10.4 The Eligible Tourism Entity will be responsible for the prudent spending of allocated MAT resources and for all necessary financial reporting and record keeping. 10.5 The Chief Administrative Officer (CAO) for the City of Niagara Falls, or designate, is hereby delegated the authority to enter into agreements, including all necessary documents ancillary thereto, with any Eligible Tourism Entity that will receive a share of the MAT revenue, respecting reasonable financial accountability matters, among other things, in order to ensure that amounts paid to the Eligible Tourism Entity are used for the exclusive purpose of promoting Niagara Falls tourism. All such agreements shall be in a form satisfactory to the City’s solicitor. 11. Allocation of Municipal Accommodation Tax Revenue 11.1 The MAT revenue will be allocated into three envelopes of funding, in accordance with Part XII.1 of the Municipal Act, 2001, S.O. 2001 c. 25, as amended, (the “Act”), and the Transient Accommodation Tax Regulation O. Reg. 435/17. 11.2 The first envelope is for Priority Destination Spending. This spending will be determined by the Eligible Tourism Entity and the City through the strategic plan. This funding will be in priority to other spending allocations, save and except for the administrative costs incurred by the City to administer the MAT. 11.3 Priority Destination Spending will be the largest funding envelope and will be for the exclusive purpose of promoting tourism for items such as but not limited to: 11.3.1 Destination marketing; 11.3.2 Convention and meeting support; 11.3.3 In-destination marketing and activation; 11.3.4 Premiere special events; and 11.3.5 Airport and visitor transportation system spending. 11.4 The Eligible Tourism Entity will be responsible for the spending and reporting of the Priority Destination Spending. Page 10 of 13 Page 320 of 611 8 11.5 The remaining MAT funding will be divided into two equal envelopes. One envelope will be allocated to the City and the other to the Eligible Tourism Entity. 11.6 The funding allocated to the City will be used for items such as, but not limited to: 11.6.1 The administration of the MAT; 11.6.2 Infrastructure projects in tourism areas; 11.6.3 Sports tourism; 11.6.4 Cultural events; 11.6.5 Beautification of the City; 11.6.6 Research and studies; 11.6.7 Wayfinding; and 11.6.8 By-law enforcement activities. 11.7 The Eligible Tourism Entity will utilize its allocated funds for the exclusive purpose of promoting tourism for items such as but not limited to: 11.7.1 Administration of the program; 11.7.2 Other marketing or demand generating activities as developed by the Eligible Tourism Entity; and 11.7.3 Development of strategic plans and studies. 12. Budget Development and Reporting 12.1 Entity the and City the Eligible Tourism Both a present create annually will and budget and operating plan to the board of the Eligible Tourism Entity and Council. 12.2 Both the City and the Eligible Tourism Entity will, on an annual basis, present a report on the spending and performance to the stated goals of the MAT. 12.3 The Eligible Tourism Entity will provide audited statements to Council on an annual basis. 12.4 The City and Eligible Tourism Entity will develop a strategic plan on a five (5) year or lesser basis which will guide the activities of the MAT. 13. Offence and Penalties 13.1 Every person who contravenes any provision of this By-law is guilty of an offence as provided for in subsection 429(1) of the Act such offences , and all are Page 11 of 13 Page 321 of 611 9 designated as continuing offences as provided for in subsection 429(2)(a) of the Act. 13.2 A person who is convicted of an offence under this By-law is liable to a minimum fine of $500.00 and a maximum fine of $100,000.00 as provided for in subsection 429(3), paragraph 1 of the Act. 13.3 A person who is convicted of an offence under this By-law is liable, for each day or part of a day that the offence continues, to a minimum fine of $500.00 and a maximum fine of $10,000.00 and the total of all of the daily fines for the offence is not limited to $100,000.00, as provided for in subsection 429(3) paragraph 2 of the Act. 13.4 When a person has been convicted of an offence under this By-law, the Superior Court of Justice or any court of competent jurisdiction thereafter may, in addition to any penalty imposed on the person convicted, issue an order: 13.4.1 prohibiting the continuation or repetition of the offence by the person convicted; and 13.4.2 requiring the person convicted to correct the contravention in the manner and within the period that the court considers appropriate. 14. Effective Date and Transition 14.1 This By-law will become effective on May 1st, 2025 (the “Effective Date”). 14.2 Prior to the Effective Date, By-law No. 2018-104, as amended, shall remain in effect. After the Effective Date, By-law No. 2018-14, as amended, shall hereby be repealed. 14.3 The Niagara Falls Hotel Association shall remain the Eligible Tourism Entity until the City enters into an agreement with a new Eligible Tourism Entity effective January 1, 2026. 14.4 By-law No. 2021-58 is hereby repealed. Read a First, Second and Third time; passed, signed and sealed in open Council this XX day of XXXX, 20XX ......................................................................... ................................................... WILLIAM G. MATSON, ACTING CITY CLERK JAMES M. DIODATI, MAYOR Page 12 of 13 Page 322 of 611 10 Page 13 of 13 Page 323 of 611 CAO-2025-02 Business Development Report Report to: Mayor and Council Date: January 14, 2025 Title: Request for Downtown BIA Funds for 2025 Flower Program Recommendation(s) That Council approve the transfer of $30,000 from the Downtown BIA unspent levy being held in reserve to offset the cost of a seasonal flower beautification program in the Downtown core in 2025. That staff be authorized to enter into a contract with 843081 Ontario Inc o/b Snips Landscape and Nursery for the 2025 Flower Beautification Program in the amount of $25,524.31 plus HST. Executive Summary At the November 14th meeting of the Downtown Committee, the Committee approved a motion to recommend to City Council the approval of the necessary amount of unspent Downtown BIA levy to invest in a flower program for 2025. The cost of a seasonal flower program that includes 115 hanging baskets along Queen Street and Erie Avenue is $24,954.83 + HST, plus an additional $569.48 + HST for take down and clean up. Background a in invested (BIA) Area Improvement the Downtown years many For Business seasonal flower beautification program. In 2023, the Downtown BIA was dissolved and investments into flower beautification were discontinued. In September 2024, City Council approved the creation of a Downtown Committee to bring together stakeholders from the downtown business community to create and champion ideas for the beautification and promotion of downtown. At the November 14th meeting of the Downtown Committee, members unanimously approved a motion to recommend City Council approve the necessary amount of unspent levy to invest in a flower program for 2025. Pricing has been obtained from Snips Landscape and Nursery, the City’s current provider of Beautification Services. The flower beautification program will include the installation, watering and maintenance of 115, 20 inch hanging baskets along Queen Street and Erie Avenue. Historically, the flower beautification program also included concrete planters and bollard urns. The Page 1 of 2 Page 324 of 611 concrete planters have since been removed and are no longer an option. Bollard urns risk being vandalized or filled with garbage due to their pedestrian level height and can become a maintenance nuisance. As such, a flower beautification program consisting only of hanging baskets is recommended. Analysis Flower beautification programs are popular placemaking investments in downtown commercial areas and create a sense of place for merchants, shoppers and residents. Operational Implications and Risk Analysis None. Financial Implications/Budget Impact No municipal budget impact. The current balance of unspent Downtown BIA levy is $159,132.23. The $30,000 funding request will be transferred from this Downtown BIA reserve fund to offset costs. This funding will cover the cost of flower installation, maintenance, watering, take down and clean up with a small contingency for unanticipated costs should they arise. Strategic/Departmental Alignment The investment in a downtown flower beautification program supports place making and enhances the overall experience for merchants, customers and residents. This supports the City’s strategic priorities of economic diversification and growth. Strategic Plan Pillars Economic Diversification & Growth Fostering a balanced and sustainable local economy achieved by expanding and diversifying the types of industries and businesses operating within the community. Written by: Dean Spironello, Economic Development Officer Submitted by: Status: Serge Felicetti, Director of Business Development Approved - 06 Jan 2025 Jason Burgess, CAO Approved - 07 Jan 2025 Page 2 of 2 Page 325 of 611 CS-2025-04 Finance Report Report to: Mayor and Council Date: January 14, 2025 Title: 2025 Interim Tax Levy Recommendation(s) THAT Council APPROVE the 2025 Interim Tax Levy calculation and by-law providing for the 2025 Interim Tax Levy. Executive Summary The Corporation of the City of Niagara Falls requires a 2025 interim tax levy so as to provide the City with operating cash flow and to meet its statutory obligations for collecting taxes on behalf of the Region of Niagara and the local school boards. The statutory requirement of the City is to provide quarterly payments to both the Region of Niagara and the local school boards. The interim levy is calculated so that property owners will be billed amounts not exceeding one half of the previous year’s annual taxes. The installment dates for the Interim Levy are February 28, 2025 and April 30, 2025. Background The Municipal Act, 2001 provides the City of Niagara Falls with the authority to issue an interim tax levy. Traditionally the interim levy has been made in February with two installment dates. The City of Niagara Falls requires a 2025 interim tax levy so as to provide the City with operating cash flow and to meet its statutory obligations for collecting taxes on behalf of the Region of Niagara and the local school boards. The statutory requirement of the City is to provide quarterly payments to both the Region of Niagara and the local school boards. Analysis The authority to collect this interim tax levy is prescribed in section 317 of The Municipal Act, 2001. The interim levy is subject to the following rules: 1. The amount levied on a property shall not exceed the prescribed percentage, or 50 percent if no percentage is prescribed, of the total amount of taxes for municipal and school purposes levied on the property for the previous year. 2. The percentage used in the levy may be different for different classes but must be the same for all properties in a property class. Page 1 of 3 Page 326 of 611 3. Allows the municipality to use an entire years taxes for a property in the calculation of the interim tax levy in the situation that a full year was not charged in the previous year. Staff has developed the interim tax levy based on these rules and has determined that the amount due for the interim levy for each property will not exceed 50% of the annualized assessment used in determining the 2024 tax levy. The due dates for this interim tax levy are in accordance with The Municipal Act, 2001. The interim bill will be due on two dates. As per the regulations outlined in The Municipal Act, 2001, property owners must be provided 21 days notice before payment. The due dates are consistent with the regulation and will be February 28, 2025 and April 30, 2025. In 2024, these dates were February 29, 2024 and April 30, 2024. An interim levying by-law is required to establish the amount of the interim levy. This has been prepared and appears on this evening’s Council Agenda for passage. Financial Implications/Budget Impact The internal need for cash flow and the external statutory obligation necessitate the interim tax levy. Failure to provide an interim tax levy could lead to increased short term borrowing by the Corporation and could result in unplanned interest expenses. An interim tax levy is required to ensure the provision of the required funds to minimize borrowing costs. Strategic Plan Pillars Sustainability - Financial Effectively managing the City’s financial resources to meet our current and future obligations without relying on external funding sources or sacrificing our ability to deliver essential services to our residents . Written by: Amber Ferguson, Manager of Revenue Tiffany Clark, Director of Finance Submitted by: Status: Tiffany Clark, Director of Finance Approved - 03 Jan 2025 Shelley Darlington, General Manager of Corporate Services Approved - 03 Jan 2025 Jason Burgess, CAO Approved - 05 Jan 2025 Page 2 of 3 Page 327 of 611 Page 3 of 3 Page 328 of 611 CS-2025-08 Report Report to: Mayor and Council Date: January 14, 2025 Title: Surplus Land - Looking for Change: City Review Recommendation(s) THAT Council DIRECT staff to begin a multi-year coordinated effort to review all 159 vacant land parcels across the City and report back to Council with any potential sales opportunities including detailed valuations, risks and plans for sale. Executive Summary Selling surplus City-owned land parcels would spur affordable housing development opportunities, grow the tax base, yield one-time revenue and reduce liability. The process of identifying specific parcels as surplus would require an ongoing coordinated approach among City departments. Background The City currently owns approximately 159 vacant land parcels, including plots, laneways and rail corridors, among others. Land deemed surplus could be sold to reduce the inventory of unused City-owned assets and generate one-time revenue. Redeploying land assets could also spur affordable housing development opportunities while growing the tax base. The process of identifying which land parcels are surplus to the City’s needs would require an ongoing coordinated effort among City departments. Furthermore, given the diverse size, location and features of each parcel, every opportunity would require specific consideration. For these reasons, the project is expected to represent an ongoing strategic growth opportunity as opposed to a reliable revenue generating activity for the City. Analysis Geographic Information System (GIS) staff have identified 159 vacant land parcels across the City (map provided as Attachment 1). Identifying which parcels have the potential to be labelled as surplus would require a multi-year coordinated effort among departmental staff. Page 1 of 3 Page 329 of 611 Once a surplus list has been identified, it could be made publicly available through the City’s Surplus Land Listing. For each sales opportunity, staff would report back to Council with detailed valuations, risks, and plan for sale. Operational Implications and Risk Analysis Reducing the City’s inventory of unused and vacant land represents an overall risk reduction as a result of reduced liability and maintenance. Financial Implications/Budget Impact The amount of anticipated one-time revenue depends on the number of parcels sold at market price. Strategic/Departmental Alignment Addresses the issue of abandoned and neglected properties. Strategic Plan Pillars Sustainability - Social Working in partnership with the Niagara Region to ensure residents have access to basic needs, ensuring that Niagara Falls is a livable, inclusive and supportive community for all. List of Attachments Attachment 1 - Map of City Owned Vacant Land Written by: Jacob Thomas, Senior Manager of Decision Support Services Submitted by: Status: Shelley Darlington, General Manager of Corporate Services Approved - 03 Jan 2025 Jason Burgess, CAO Approved - 07 Jan 2025 Page 2 of 3 Page 330 of 611 Attachment 1 - Map of City Owned Vacant Land Page 3 of 3 Page 331 of 611 CS-2025-11 Report Report to: Mayor and Council Date: January 14, 2025 Title: Reduce Wi-Fi at Public Locations - Looking for Change: City Review Recommendation(s) 1. THAT Council APPROVE the elimination of wireless internet service from City pool facilities while not in operation (September to May), effective at the end of the current contract, approximately June 2026. 2. AND THAT Council APPROVE the elimination of wireless internet service at Kalar Sports Park and Oakes Park during low-usage months (November to April), effective at the end of the current contract, approximately June 2026. Executive Summary Information Systems (IS) is proposing to reduce wireless internet services (Wi-Fi) at some City parks and outdoor pool facilities while not in use or less frequented by residents, resulting in cost savings as of 2026. Existing contracts prevent a change to service through 2025. Background Information Systems (IS) is proposing to reduce wireless internet services (Wi-Fi) at some City parks and outdoor pool facilities. The current service contracts are in place through 2025 and cannot be amended until those contracts have expired. The service is delivered in partnership with the Niagara Regional Broadband Network, purchased by Cogeco Communications Inc. in early 2024. As of approximately June, 2026, the City would be in a position to reduce Wi-Fi service on a month-to-month basis to yield cost savings while outdoor pools are closed and parks are less popular with residents. Extending Wi-Fi service to City facilities and community parks was accomplished as part of the City’s 2019-2022 Strategic Priorities. Analysis Wi-Fi at Outdoor Pool Facilities Wi-Fi is offered year-round at outdoor City pools at a monthly cost of $4,753. Option 1: Reduced Wi-Fi Page 1 of 3 Page 332 of 611 Reducing Wi-Fi availability to only the summer months when pools are in use would reduce costs and not affect service delivery. Outdoor pools typically operate from the end of June to Labour Day weekend. Limiting Wi-Fi service to only July and August would yield $47,530 in annual savings ($4,753 x 10 months). Option 2: Eliminate Wi-Fi Eliminating Wi-Fi all together would yield $57,036 in savings, however, would also negatively impact service delivery. Wi-Fi at Public Parks Wi-Fi is offered year-round at two (2) City parks (Kalar Sports Park and Oakes Park) at an annual cost of $9,600. Eliminating internet services would reduce costs and reduce service delivery. Option 1: Reduced Wi-Fi Reducing Wi-Fi to only when parks are most popular (May to October) could yield annual savings of $4,800 ($800/month x 6 months). Option 2: Eliminating Wi-Fi Eliminating Wi-Fi at City parks altogether would yield annual savings of $9,600. Operational Implications and Risk Analysis One (1) outdoor City pool currently relies on Wi-Fi to operate security cameras throughout the summer. IS has indicated a low-cost alternative (use of a signal transmitter) to maintain the security system if Wi-Fi were to be eliminated altogether. Reducing or eliminating Wi-Fi at public parks would result in reduced service delivery and may pose a reputational risk among residents who rely on the service. It is unclear how utilized the services are. Financial Implications/Budget Impact Reducing internet services would generate $52,330 in annual savings (Option 1). Eliminating internet services outright would generate $66,636 in annual savings (Option 2). Strategic/Departmental Alignment Ensuring maximum value for taxpayers. Strategic Plan Pillars Sustainability - Financial Page 2 of 3 Page 333 of 611 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) Dave Etherington - Director of Information Systems Written by: Jacob Thomas, Senior Manager of Decision Support Services Submitted by: Status: Shelley Darlington, General Manager of Corporate Services Approved - 03 Jan 2025 Jason Burgess, CAO Approved - 05 Jan 2025 Page 3 of 3 Page 334 of 611 CS-2025-15 Report Report to: Mayor and Council Date: January 14, 2025 Title: Chippawa Boat Ramp Parking - Looking for Change: City Review (2025 Budget Proposals) Recommendation(s) 1. THAT Council AMEND the 2025 Schedule of Fees to include a vehicle parking fee at the Chippawa Boat Ramp at a cost of seven dollars ($7) per day, effective March 1, 2025; 2. AND THAT Council AMEND the 2025 Schedule of Fees to include a vehicle with trailer parking fee at the Chippawa Boat Ramp at a cost of ten dollars ($10) per day, effective March 1, 2025; 3. AND THAT Council AMEND the 2025 Schedule of Fees to include a resident vehicle with trailer parking fee at the Chippawa Boat Ramp at a cost of $120 per year, effective March 1, 2025 Executive Summary Introduction of parking fees at Chippawa Boat Ramp Park (4379 Lyons Creek Road) to address overcrowding of boat ramp parking. The new fees would align with other local municipalities, manage parking demand, and generate additional revenue for the City. The additional revenue will be an offset to the cost to operate and maintain the facility and in staff's opinion is a reasonable ask when considering other user fees for recreational activities. The annual pass options provided to residents also make this ask more reasonable for Niagara Falls residents. Background Parking for vehicles and trailers is currently free at Chippawa Boat Ramp Park (4379 Lyons Creek Road). The area includes a parking area, boat dock, boat ramp, and playground. There are 23 single vehicle parking stalls, three (3) accessible stalls, and 33 extended parking stalls for vehicles and trailers. Introducing parking fees in 2025 would increase revenue while aligning with other local municipalities and the Niagara Parks Commission (NPC). The NPC currently operates six (6) boat launches along the Niagara River and the City operates the only public launch on the Weiland River. There is a privately operated boat launch on the Welland Page 1 of 3 Page 335 of 611 River, however they limit launch access to their members and charge significantly more than the public option. Implementing a Chippawa Boat Ramp parking fee would still provide the most affordable option to access the Welland River. Analysis Option 1: Parking fees applied with resident discount The proposed fee structure aligns with other municipalities and the NPC and includes:  $120 seasonal pass for residents (vehicle + trailer)  $10 daily (vehicle + trailer)  $7 daily (single vehicle) Table 1: Boat Ramp Vehicle and Trailer Parking Fee Comparison Municipality/Org. Daily Seasonal Niagara Falls Free/$10 (current/proposed) Free/$120 (current/proposed) St. Catharines $15 $103.50 For Erie $15 $125 NPC $10 $120 Option 2: Parking fees only applied to non-residents Under this option, the proposed fee structure presented in Table 1 would remain in place, with residents being exempt. This option is expected to be better received by residents and would require additional resources by Municipal Enforcement staff to issue and enforce resident vehicle passes. Note, a resident vehicle and trailer pass may be confused with the Resident Convenience Parking Pass introduced in 2024 which covers paid street parking spaces. Operational Implications and Risk Analysis Enforcement activities are expected to include two (2) hours of daily staff time over three (3) to five (5) daily patrols between April and October. The additional workload is expected to be manageable within the current parking enforcement officer compliment and would be incorporated into standard patrols. Users are anticipated to oppose additional fees. However, overcrowding of the boat launch has been reported by residents and the introduction of fees may reduce overall demand. This was noted in a public survey (conducted in April 2023) in which one-third of respondents reported being strongly in favour of a discounted parking pass for residents if it resulted in managing parking demand. There is also a risk of users seeking free parking in the adjacent neighborhood or businesses along Lyons Creek Road, resulting in increased municipal enforcement. Financial Implications/Budget Impact Page 2 of 3 Page 336 of 611 Seasonal revenues are estimated at between $10,000 and $20,000 (assuming 50% occupancy for the seven (7) month season). There are no anticipated capital expenses as Parking Services has a surplus pay and display machine which would be installed on site at a monthly operating cost of $70 and would be recovered through revenue collection. 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) Paul Brown - Manager of Parking Services Written by: Jacob Thomas, Senior Manager of Decision Support Services Submitted by: Status: Shelley Darlington, General Manager of Corporate Services Approved - 07 Jan 2025 Jason Burgess, CAO Approved - 07 Jan 2025 Page 3 of 3 Page 337 of 611 CS-2025-17 Report Report to: Mayor and Council Date: January 14, 2025 Title: Procurement Policy Update Recommendation(s) 1. That report CS-2025-17 Procurement Policy Update be RECEIVED for information. 2. And that Policy No. XXXProcurement Policy be APPROVED with an effective date of March 15, 2025; 3. And that Report Number MW-2013-02 Consultant Selection Policy be DISCONTINUED as of March 15, 2025; 4. And that the necessary By-law be ADOPTED; Executive Summary The Municipal Act, Section 270 as amended states that a municipality shall adopt and maintain policies with respect to its procurement of goods and services. The City’s existing Procurement By-law was last approved by Council on February 1, 2021. In keeping with best practices and to coincide with the implementation of the City’s new Enterprise Resource Planning (ERP) software Workday, staff are recommending an overarching By-law and comprehensive Policy which aligns with best practice and public procurement trade obligations. In the interest of continuous improvement, the Procurement Department will review and make recommendations for updates to this policy at a minimum every 5 years or as deemed necessary based on trade and treaty obligations, leading best practices and public procurement trends. Given the pending ERP implementation and the changes that are being recommended in this report, a fulsome review and analysis will be completed by the Procurement Department and a subsequent Report will be brought forward to Council in 2026 or sooner, as necessary. Background Page 1 of 38 Page 338 of 611 Revisions to the policy are being recommended which include housekeeping amendments and increases to the existing procurement thresholds to align and support the citywide ERP implementation initiative underway. New language has been added to provide public disclosure of information through reporting to Council and to set out clear approval authorities for non-competitive Procurements. Removed from the Policy is any language that speaks to the detailed process steps that the City will undertake when procuring Goods, Services or Construction as this language will be stated for staff reference within the City’s Procurement Procedures. Also removed is the Disposal of Surplus Assets section which will exist as a separate stand-alone Policy and Procedure. Analysis The revisions being recommended are in alignment with the Comprehensive and Economic Trade Agreement (CETA) and the Canadian Free Trade Agreement (CFTA) for which public sector agencies must comply. Housekeeping The proposed amendments to the Policy incorporate general housekeeping changes such as amendments to position titles, divisions and departments which reflect organizational changes which have occurred since the last Policy update, general formatting and simplified language for improved reading comprehension. Changes to Thresholds: The below chart represents the threshold changes for each of the City’s Purchasing Mechanisms. These changes are being recommended based on supply chain inflation, current best practice and in compliance with trade agreement obligations and to align with other municipal sector agencies. The changes to the thresholds will prove to generate efficiencies for staff when procuring Goods, Services and Construction in effort to streamline business processes and provide efficient and effective service delivery. Purchasing Mechanism Existing Threshold Recommended Threshold Low Value Purchases $0 to $2,500 $0 to $10,000 Informal Request for Quotation $2,500 to $25,000 $10,000 up to $50,000 Request for Quotation $25,000 to $100,000 $50,000 up to $130,000 Request for Proposal $25,000+ $25,000+ Request for Tender $100,000+ $130,000+ Reporting Requirements Page 2 of 38 Page 339 of 611 The Procurement Department will provide semi-annual information reports to Council for both non-competitive procurements and non-compliance activities as a method to both inform Council and to promote public disclosure. Approval Authorities Non-competitive procurement thresholds and approval authorities have been added to address the way in which the City will review and approve these types of purchases. Unsolicited Proposals New language has been added to the Policy to address the consideration requirements and approval authorities of the City when presented with an Unsolicited Proposal. Removal of Disposal of Surplus Asset Language All language with respect to the Disposal of Surplus Assets has been removed and will exist as a separate stand-alone City Policy and Procedure. The City will continue to dispose of surplus assets that cannot be used by one of our other departments in a fair and equitable manner through public auction utilizing the current service provider, GovDeals. Cooperatives The City will continue to support and participate in co-operative procurement opportunities with local municipalities (Niagara Public Purchasing Committee) and other Group Purchasing Organizations (GPO's) in effort to leverage purchasing power through collective buying while reducing time and administrative costs in the procurement process. Operational Implications and Risk Analysis The Policy is in alignment with the Comprehensive and Economic Trade Agreement (CETA) and the Canadian Free Trade Agreement (CFTA) for which public sector agencies must comply and has been reviewed by Legal Services. The changes will prove to generate efficiencies for staff when procuring Goods, Services and Construction. Financial Implications/Budget Impact There are no direct financial implications regarding the Procurement Policy updates detailed within this report, however, Staff expect that there will be efficiencies generated in procurement processes. Strategic/Departmental Alignment This report aligns with the City’s Strategic Priority of Financial Sustainability ensuring responsible financial management and sustainable fiscal practices through the implementation of automated systems with the new Enterprise Resource Planning (ERP) system. Page 3 of 38 Page 340 of 611 Strategic Plan Pillars Sustainability - Financial Effectively managing the City’s financial resources to meet our current and future obligations without relying on external funding sources or sacrificing our ability to deliver essential services to our residents . Contributor(s) - Jason Burgess, CAO - Trent Dark, Director of Human Resources - Shelley Darlington, General Manager, Corporate Services - Nidhi Punyarthi, City Solicitor - Tiffany Clark, Director of Finance - Matt Greenfield, Supervisor, Financial Reporting and Analysis - Bill Matson, City Clerk - Along with Corporate Leadership and Senior Leadership Teams List of Attachments Schedule 1 - Procurement Policy Written by: Karen Judd, Senior Manager of Strategic Procurement Initiatives Shelley Darlington, General Manager of Corporate Services Submitted by: Status: Shelley Darlington, General Manager of Corporate Services Approved - 06 Jan 2025 Jason Burgess, CAO Approved - 07 Jan 2025 Page 4 of 38 Page 341 of 611 POLICY Corporate Services Policy #: XXX Issue Date: February 1, 2021 Revision Date: January 14, 2025 PROCUREMENT POLICY Section 1 – Purpose This policy outlines the guiding principles of public procurement and the approach that the Corporation of the City of Niagara Falls will take when procuring Goods, Services and Construction. 1.1 Goals of the Policy 1.1.1. To ensure that the procurement of Goods, Services and Construction provide the Best Value consistent with the required quality and service. 1.1.2. To encourage competitive Bidding for the acquisition of Goods, Services and Construction with fair and equal treatment of all Bidders through an open, honest and transparent process. 1.1.3. To describe the roles, responsibilities and authorities of the City’s employees, and officers in carrying out the City’s Procurement process. 1.1.4. To ensure openness, accountability and transparency in the Procurement process while protecting the best interest of the City of Niagara Falls. Page 5 of 38 Page 342 of 611 POLICY Corporate Services Policy #: XXX Issue Date: February 1, 2021 Revision Date: January 14, 2025 City of Niagara Falls Procurement Policy | Page 2 of 34 Table of Contents Section 1 – Purpose ................................................................................................................. 1 1.1 Goals of the Policy ...................................................................................................... 1 Section 2 – Definitions ............................................................................................................. 4 Section 3 – Application ............................................................................................................ 9 Section 4 – Non-Compliance Monitoring and Reporting ....................................................... 9 Section 5 – Authorities and Responsibilities ......................................................................... 9 5.1. Expenditure Authorization ........................................................................................... 9 5.2. Purchasing Authorization .......................................................................................... 10 5.3. Chief Administrative Officer (CAO) and General Manager (GM) Authorization and Responsibilities ......................................................................................................... 10 5.4. Department / Section Head Authorization and Responsibilities ................................. 11 5.5 Purchasing Delegate ................................................................................................. 11 5.6. Procurement Department Responsibilities ................................................................ 11 5.7. Department Responsibilities ...................................................................................... 11 Section 6 – Approval Levels .................................................................................................. 12 Section 7 – Purchasing Mechanisms .................................................................................... 13 7.1. Co-operative Procurements ........................................................................................... 13 7.2 Low Value Purchases ............................................................................................... 13 7.3 Informal Request for Quotations (IRFQ) .................................................................... 13 7.4 Request for Quotations (RFQ) - Formal .................................................................... 14 7.5 Request for Tenders (RFT) ....................................................................................... 14 7.6 Request for Proposals (RFP) .................................................................................... 15 7.7 Request for Supplier-Qualifications “RFSQ” .............................................................. 16 7.8 Request for Rostered Candidates - “RFRC” .............................................................. 16 Section 8 - Non-Competitive Purchase Mechanisms ........................................................... 17 8.1. Single Source Purchases .......................................................................................... 17 8.2 Sole Source Purchases ............................................................................................. 17 8.3 Unsolicited Proposals ................................................................................................ 18 8.4 Purchase by Negotiation ........................................................................................... 19 8.5 Request for Expression of Interest (RFEOI) .............................................................. 20 8.6 Emergency Purchases .............................................................................................. 20 Page 6 of 38 Page 343 of 611 POLICY Corporate Services Policy #: XXX Issue Date: February 1, 2021 Revision Date: January 14, 2025 City of Niagara Falls Procurement Policy | Page 3 of 34 Section 9 - Advertising of Bid Solicitations ......................................................................... 21 Section 10 - Bid Irregularities ................................................................................................ 21 Section 11 - Tie Breaker ......................................................................................................... 21 Section 12 - Council Approval and Reporting ...................................................................... 21 Section 13 - Exceptions ......................................................................................................... 22 Section 14 - Form of Contract ............................................................................................... 22 Section 15 – Conflict of Interest ............................................................................................ 22 15.1 Internal Conflict of Interest ........................................................................................ 23 15.2 Supplier Code of Conduct and Conflict of Interest ..................................................... 23 15.3 Conflicts of Interest in Bidding Practices ................................................................... 24 15.4. Illegal or Unethical Bidding Practices ........................................................................ 24 15.5. Declaring and Avoiding Conflicts of Interest .............................................................. 25 15.6. Ethical Business Practices ........................................................................................ 25 15.7. False Declarations .................................................................................................... 25 15.8. City Conflict Determination ........................................................................................ 26 Section 16 - Lobbying Restrictions ....................................................................................... 26 Section 17 - Supplier Performance ....................................................................................... 26 Section 18 – Public Endorsement ......................................................................................... 27 Section 19 - Debriefing ........................................................................................................... 27 Section 20 - Dispute Resolution ............................................................................................ 28 Section 21 - Access to Information ....................................................................................... 28 Section 22 - Severability ........................................................................................................ 29 Section 23 - Policy Review ..................................................................................................... 29 Section 24 - General ............................................................................................................... 29 Schedules ............................................................................................................................... 30 Schedule A: Exemptions ....................................................................................................... 30 Schedule B: Procurement Mechanisms, Thresholds and Delegated Purchasing, Spending and Signing Authority ................................................................................................................... 32 Page 7 of 38 Page 344 of 611 POLICY Corporate Services Policy #: XXX Issue Date: February 1, 2021 Revision Date: January 14, 2025 City of Niagara Falls Procurement Policy | Page 4 of 34 Section 2 – Definitions For the purposes of this Policy, “Award” means selection to enter into a Contract with a chosen Supplier; “Best Value” means, the consideration of cost, technical merit, and quality as determined by the City. The Best Value may not be the lowest cost; “Bid” means a submission from a prospective Supplier in response to a request for the purchase of Goods, Services or Construction issued by the City; “Bid Irregularity” means a potential or actual non-compliance with a Bid Solicitation that may lead to the disqualification of a Bid, or that may require corrective action to take place in order to make a Bid compliant; “Bid Solicitation” means a request for Bids and includes Request for Quotations (RFQ), Request for Tenders (RFT), Request for Pre-qualifications (RFPQ), Request for Proposals (RFP), and Request for Expressions of Interest (EOI); “Bidder”, “Proponent” means a legal entity that submits a Bid in response to a Bid Solicitation; “Bidding System” means the City’s digital procurement platform for issuing Bid Solicitations and/or receiving electronic Bid submissions and posting results; “Budget” means the budget or portion of the budget approved by Council; “Chief Administrative Officer” or “CAO” means the Chief Administrative Officer of the City; “City” means The Corporation of the City of Niagara Falls; “City Solicitor” means the Director of Legal Services and City Solicitor; “Compliant Bid” means a Bid that meets the terms and conditions of the Bid Solicitation; “Conflict of Interest” shall mean: (i) a situation or circumstance, real or perceived, that could give a Supplier or potential Supplier an unfair advantage in a Procurement or compromise the ability of the Supplier or potential Supplier to perform its obligations under a Contract; and/or Page 8 of 38 Page 345 of 611 POLICY Corporate Services Policy #: XXX Issue Date: February 1, 2021 Revision Date: January 14, 2025 City of Niagara Falls Procurement Policy | Page 5 of 34 (ii) a situation where a person, business or other interest of an elected or appointed official, officer or employee of the Corporation is, or can be reasonably be perceived to be, in conflict with the interests of the Corporation, and includes, but is not limited to: a. the giving or receiving of a direct or indirect personal gain or benefit, or a direct or indirect advantage or privilege, by any person or business that offers Goods, Services or Construction to the Corporation; b. a direct or indirect interest in any business that provides Goods, Services or Construction to the Corporation; c. a conflict of interest as defined in the Municipal Conflict of Interest Act (R.S.O. 1990, Chapter M.50), as amended; or d. a conflict of interest as defined in the Corporation’s Conflict of Interest Policy #400.35, as amended; “Construction” means a construction, reconstruction, demolition, repair or renovation of a building, structure or other infrastructure or engineering or architectural work and includes site preparation, excavation, drilling, soil or seismic investigation, the supply of products and materials and the supply of equipment and machinery incidental to the Construction, and the installation and repair of fixtures of a building, structure or other engineering or architectural work; “Contract” means an agreement between two or more parties that creates an obligation to purchase Goods, Services or Construction, and may include a Purchase Order, Formal Agreement and City’s Terms and Conditions; “Cooperative Procurements” means the action taken when two or more entities combine their requirements to obtain advantages of volume purchases, including administrative savings and other benefits and lets organizations purchase goods and services through contracts already competitively solicited and awarded by a lead agency; “Cost” means the actual expenses incurred in delivering Goods, Services or Construction and includes both direct and indirect costs or in the case of switching a provider, may include such items as training costs or other incremental costs associated to fully implement the product or service; “Council” means the Council of The Corporation of the City of Niagara Falls; “Department” means an area of operation within the City, provided with a Budget to deliver Goods, Services and Construction; Page 9 of 38 Page 346 of 611 POLICY Corporate Services Policy #: XXX Issue Date: February 1, 2021 Revision Date: January 14, 2025 City of Niagara Falls Procurement Policy | Page 6 of 34 “Department Head” means the head of a Department within a City Division; “Division” means a Division of the City which includes any Departments within that Division; “Emergency Purchase” means a purchase made in a crisis situation where immediate action is required to prevent the possible loss of life or property; “Estimated Procurement Value” means the total estimated amount of the Procurement for budget or planning purposes over its entire duration, including all renewal options, exclusive of taxes; “General Manager” means the head of a City Division; “Goods” means tangible objects of all kinds including but not limited to supplies, equipment, materials, products, structures and fixtures to be delivered, installed, or constructed; “Informal Request for Quotations or “IRFQ” means an informal process for the procurement of Goods, Services or Construction based on clearly defined technical specifications and a limited number of Suppliers are invited to Bid; “Lobbying” means the advocacy of an interest that is affected, actually or potentially, by the Bid Solicitation process or individuals involved in the Bid Solicitation process including seeking to influence the outcome of the Bid Solicitation process or subsequent Award; “Lowest Compliant Bid” means a Bid with the lowest price meeting all requirements of an IRFQ, RFQ or RFT, subject to any rights or privileges reserved by the City contained in the respective procurement document, or unless otherwise approved by Council; “Low Value Purchase” means a purchase for Goods, Services or Construction as per the thresholds stated in Schedule B of this policy that are not covered by an existing supply agreement or qualified supplier roster or available through the City’s existing materials inventory; “Negotiation” means a process in which the City may negotiate with one or more Suppliers with the intent to Award a Contract or extend an existing Contract; “Purchasing Card (P-Card)” means a credit card approved by a recognized financial institution imprinted with the cardholders name, City of Niagara Falls name, credit card number and expiration date. A P-Card may be issued to employees who procure miscellaneous non-PO goods and services, or for the settlement of other administrative expenditures to support the payment process; Page 10 of 38 Page 347 of 611 POLICY Corporate Services Policy #: XXX Issue Date: February 1, 2021 Revision Date: January 14, 2025 City of Niagara Falls Procurement Policy | Page 7 of 34 “Procure or Procurement or Purchase” means to acquire Goods, Services or Construction by purchase, rental, lease, and other methods. “Procurement Procedures” means the procurement procedures approved by the General Manager of Corporate Services and Senior Manager of Strategic Procurement & Initiatives in consultation with the Chief Administrative Officer and General Managers (Corporate Leadership Team), as amended from time to time, which City Staff shall follow; “Procurement Protest” means a written objection by an interested party to a Solicitation or an Award of a Contract; “Purchase Order (PO)” means a standard contract used by the City to formalize a procurement with a Supplier of Goods, Services or Construction; “Purchase Requisition” means a request for Goods, Services or Construction prepared by the requisitioning Department; “Purchasing Authority” means the authority delegated to designated employees to initiate and administer the purchase of Goods, Services and Construction up to the prescribed thresholds in accordance with this Procurement Policy and the City’s Procurement Procedures; “Purchasing Delegate” is the person that has been delegated Purchasing Authority to initiate and administer the purchase of Goods, Services and Construction up to the prescribed thresholds and is responsible for ensuring that the appropriate purchasing process has taken place in accordance with this Procurement Policy and the City’s Procurement Procedures; “Request for Expression of Interest” or “RFEOI” means a public invitation used by the City to gather information on future supplier interest in an opportunity or information on supplier capabilities and qualifications to better understand potential supply in the marketplace, before deciding whether to initiate a formal competitive process. An RFEOI does not lead to Award; “Request for Proposals” or “RFP” means a formal solicitation process where a need is identified but how it will be achieved is unknown at the outset. This process allows Suppliers to propose solutions or methods to arrive at the desired result and each proposal is evaluated based on defined criteria. The Bidding process may allow for negotiations to be conducted with suppliers in accordance with the terms as defined in the RFP; “Request for Quotations” or “RFQ” means a formal solicitation process for obtaining Bids based on clearly defined technical specifications; Page 11 of 38 Page 348 of 611 POLICY Corporate Services Policy #: XXX Issue Date: February 1, 2021 Revision Date: January 14, 2025 City of Niagara Falls Procurement Policy | Page 8 of 34 “Request for Rostered Candidates or “RFRC” means a formal publicly advertised invitation by the City used to pre-qualify Suppliers through such attributes as experience, financial strength, education or other pertinent considerations with the intent of creating an approved list of Suppliers known as rostered candidates. Once a roster is established, projects may be assigned on an invitational, rotational or ‘best fit’ basis in accordance with the terms as defined in the RFRC; “Request for Supplier-Qualifications” or “RFSQ” means a formal publicly advertised invitation by the City used to pre-qualify Suppliers in the first stage of a two-stage competitive process through such attributes as experience, financial strength, education or other pertinent considerations in order to establish a list of qualified Suppliers. Suppliers who meet the requirements of the RFPQ are invited to participate in a subsequent procurement process; “Request for Tenders” or “RFT” means a formal solicitation process for obtaining Bids based on clearly defined technical specifications; “Section Head” means the Head of a City Section within a City Department; “Services” means all professional, consulting, construction or maintenance services, as well as any other services described in a Bid Solicitation or a Contract; “Signing Authority” means the authority to sign legal documents such as purchase orders, contracts, and other non-monetary agreements on behalf of the City; “Signing Officer” means Staff occupying an organizational position that has been delegated Spending Authority and/or Signing Authority; “Single Source”; is a method of procurement where more than one Supplier is able to Supply the Goods, Services or Construction but for reason of function or service, one Supplier is recommended for consideration and the purchase will be made without a competitive Bidding process; “Sole Source” is a method of procurement where there is only one available Supplier who possesses the unique ability or capability to meet the City’s particular requirements for the Goods, Services or Construction and purchase will be made without a competitive Bidding process; “Spending Authority” means the authority to approve financial transactions; “Supplier” means any individual or organization offering Goods, Services or Construction to the City; and “Unsolicited Proposal” means a submission received from any source whereby the Page 12 of 38 Page 349 of 611 POLICY Corporate Services Policy #: XXX Issue Date: February 1, 2021 Revision Date: January 14, 2025 City of Niagara Falls Procurement Policy | Page 9 of 34 originator believes that the proposal may be of benefit to the City that is not submitted to the City in response to a Solicitation or other process initiated by the City; Section 3 – Application 3.1. This Policy applies to the Procurement of all Goods, Services and Construction carried out by the City or any of its officers and employees and is subject to the provisions of Trade Agreements. 3.2. Where an applicable Trade Agreement is in conflict with this Policy, the Trade Agreement shall take precedence to the extent only of the conflict. 3.3. All purchases shall be subject to this Policy, the City’s Procurement Procedures and the City’s Purchasing Card Policy, as amended. 3.4. All persons involved in the Purchase of Goods, Services and Construction provided for in this Policy shall act in a manner consistent with the requirements and objectives of this Policy and the Procurement Procedures. 3.5. Purchases shall not be divided into two (2) or more parts to avoid the requirements of this Policy. Section 4 – Non-Compliance Monitoring and Reporting 4.1. The General Manager of Corporate Services or designate and/or the Senior Manager of Strategic Procurement and Initiatives may randomly review divisional procurement related files on an on-going basis to review the effectiveness and integrity of the processes and policy adherence. 4.2. Any Goods, Services or Construction that are obtained in contravention of this Policy will be subject to a review by the City, following which the City will take the necessary corrective action which may lead to disciplinary action up to and including termination of employment. 4.3. The Procurement Department, in consultation with the City Solicitor, will provide a Non-Compliance Report to Council on a semi-annual or as needed basis. Section 5 – Authorities and Responsibilities 5.1. Expenditure Authorization Council has the ultimate authority for all expenditures. Council delegates this authority to Page 13 of 38 Page 350 of 611 POLICY Corporate Services Policy #: XXX Issue Date: February 1, 2021 Revision Date: January 14, 2025 City of Niagara Falls Procurement Policy | Page 10 of 34 initiate procurement processes for Goods, Services and Construction through the authorization of annual Budgets or by resolution of Council. 5.1.1. The Finance Department cannot process payment for any item that has not been authorized by Council through Budget appropriation or specific resolution. Authorization limits for payment are outlined in the City’s Budget Spending and Signing Authority Policy. 5.1.2. The Spending Authority means the authority to approve procurements and financial transactions for payment. 5.1.3. The Signing Authority extends to signing all required purchasing documentation by the Signing Officer, including the signing of Contracts and agreements for procured Goods, Services and Construction. 5.2. Purchasing Authorization Purchasing Authority is delegated to designated employees to initiate and administer the purchase of Goods, Services and Construction up to the prescribed thresholds in accordance with this Procurement Policy and Procedures. 5.2.1. The Purchasing Authority/Delegate is the person responsible for ensuring that the appropriate purchasing process has taken place. 5.2.2. All appointments must be recorded and approved by the CAO or General Manager of the respective Division, as applicable, utilizing the City’s Purchasing Delegation Form. 5.2.3. All transactions require both Purchasing Authority and Spending Authority approvals. 5.2.4. The Purchasing Authority and Spending Authority cannot be the same individual for the same transaction to ensure separation of duties. 5.3. Chief Administrative Officer (CAO) and General Manager (GM) Authorization and Responsibilities The CAO and each General Manager is responsible for administering the purchasing function within their Division. The CAO and each General Manager may assign Purchasing Authority to Department and Section Heads. Page 14 of 38 Page 351 of 611 POLICY Corporate Services Policy #: XXX Issue Date: February 1, 2021 Revision Date: January 14, 2025 City of Niagara Falls Procurement Policy | Page 11 of 34 5.4. Department / Section Head Authorization and Responsibilities A Department or Section Head, to whom any authority has been assigned pursuant to Section 5.3. shall be authorized to administer the purchasing function within their respective Departments or Sections. 5.5 Purchasing Delegate A Department Head or Section Head, to whom any authority has been assigned pursuant to Section 5.4 may delegate Purchasing Authority to a Purchasing Delegate within their Department or Section. 5.6. Procurement Department Responsibilities It is the role of the Procurement Department to lead the City’s Procurement operations. In fulfilling this role, the Procurement Department is responsible for: 5.6.1. Ensuring the consistent application of this Policy and related Procedures and the provision of Procurement services to the Divisions efficiently and diligently. 5.6.2. Developing Procurement strategies and continually analyzing business requirements and spending patterns to identify opportunities for more strategic sourcing; 5.6.3. Researching, developing, maintaining, updating, and communicating Procurement policies, procedures, and templates; 5.6.4. Addressing any issues or concerns that arise in respect to a Procurement process and seeking guidance, support, and advice of the Legal Services Department, as required; and 5.6.5. Providing appropriate orientation, training, and tools to employees that have been delegated Purchasing Authority. 5.7. Department Responsibilities City staff that have been delegated Purchasing Authority will have the following specific responsibilities: 5.7.1. Ensure Budget availability prior to soliciting Goods, Services and Construction in accordance with Council approved Budgets; 5.7.2. Ensure valid WSIB and insurance coverage when procuring Goods, Services and Construction, as applicable; Page 15 of 38 Page 352 of 611 POLICY Corporate Services Policy #: XXX Issue Date: February 1, 2021 Revision Date: January 14, 2025 City of Niagara Falls Procurement Policy | Page 12 of 34 5.7.3. Ensure Goods, Services and Construction are received by the City and that all Contract terms and conditions comply with the Bid Solicitation; 5.7.4. Prepare and approve all specifications and terms of reference for inclusion in Formal Bid Solicitations in collaboration with the Procurement Department; 5.7.5. Monitor all contract expenditures and ensure that all financial limitations have been complied with and that all accounts are paid within the time set out in the Contract or as required by applicable laws; 5.7.6. Monitor, document and report on the performance of Suppliers; 5.7.7. Standardize the use of Goods, Services and Construction where such standardization supports the purpose, goals and objectives of this Policy; and 5.7.8. Encourage the purchase of Goods, Services and Construction with due regard to the preservation of the natural environment when possible. Section 6 – Approval Levels Except as provided in Section 8.6 of this Policy, the authority to Award a Contract is subject to the identification and availability of sufficient funds in appropriate accounts within the Budget. 6.1. Where Goods, Services and Construction are routinely purchased or leased on a multi-yearly basis, the authority to Award a Contract is subject to the following: 6.1.1. The identification and availability of sufficient funds in appropriate accounts for the current year within the Budget; 6.1.2. The Goods, Services or Construction will continue to be required in subsequent years and in the opinion of the General Manager of Corporate Services, the required funding can reasonably be expected to be made available; and 6.1.3. The Contract includes a provision that the supply of the Goods, Services or Construction in subsequent years is subject to the approval by Council of the Budget estimates to meet the proposed expenditures. Page 16 of 38 Page 353 of 611 POLICY Corporate Services Policy #: XXX Issue Date: February 1, 2021 Revision Date: January 14, 2025 City of Niagara Falls Procurement Policy | Page 13 of 34 Section 7 – Purchasing Mechanisms Any person purchasing on behalf of the City shall do so using one of the purchasing mechanisms set out in Section 7. The purchasing mechanism may be utilized individually or in combination with one another, as may be appropriate in the circumstances. 7.1. Co-operative Procurements In consultation with the Procurement Department, the City requires staff to use Cooperative Purchasing wherever possible when: 7.1.1. there is an economic advantage in doing so; 7.1.2. It is deemed to be in the best interest of the City; The development and/or use of a Cooperative Purchasing arrangement must be taken into consideration prior to the development and issuance of a Bid Solicitation. Where Co-operative Purchasing arrangements have been implemented by the City, staff are required to purchase from these initiatives. 7.2 Low Value Purchases Low Value Purchases having an Estimated Procurement Value less than $10,000 may be purchased in accordance with the Procurement Procedures when: 7.2.1 the item is not available through the City’s Stores or an existing agreement; and 7.2.2 both cost and value have been taken into consideration. All Low Value Purchases shall be made through the following means: 7.2.3 payment by P-Card in accordance with the City’s Purchase Card Policy; or a Purchase Order. 7.3 Informal Request for Quotations (IRFQ) An Informal Request for Quotation process shall be completed for procurements having an Estimated Procurement Value between $10,000 and up to $50,000 and in accordance with the Procurement Procedures under the following conditions: 7.3.1 At least three (3) written quotations from different Suppliers are obtained wherever possible. A process that results in more than three (3) written quotations is encouraged. Page 17 of 38 Page 354 of 611 POLICY Corporate Services Policy #: XXX Issue Date: February 1, 2021 Revision Date: January 14, 2025 City of Niagara Falls Procurement Policy | Page 14 of 34 7.3.2 The Award shall be made to the lowest compliant quotation that meets minimum specifications and a contract shall be entered into in accordance with Schedule B. 7.3.3 Should the results of the IRFQ process exceed the procurement threshold, the approval to proceed with the process shall be reviewed and permitted with approval of the General Manager of the Department, General Manager of Corporate Services and/or the Senior Manager of Strategic Procurement and Initiatives. All IRFQ’s will be issued and received by the User Department. 7.4 Request for Quotations (RFQ) - Formal Request for Quotations shall be issued for purchases having an Estimated Procurement Value between $50,000 and up to $130,000 and in accordance with the Procurement Procedures under the following conditions: 7.4.1 The Award shall be made to the lowest compliant Bid that meets minimum specifications and a contract shall be entered into in accordance with Schedule B. 7.4.2 Should the results of the RFQ process exceed the procurement threshold, the approval to proceed with the process shall be reviewed and permitted with approval of the General Manager of the Department, General Manager of Corporate Services and/or the Senior Manager of Strategic Procurement and Initiatives. All formal RFQs will be issued and received by the Procurement Department in accordance with the instructions in the Bid Solicitation. 7.5 Request for Tenders (RFT) Request for Tenders shall be issued for purchases having an Estimated Procurement Value $130,000 and greater in accordance with the Procurement Procedures and the following: 7.5.1 the Goods, Services and Construction are adequately defined to permit the evaluation of Bids against clearly defined criteria, and 7.5.2 the Award shall be made to the lowest compliant Bid that meets minimum specifications and a contract shall be entered into in accordance with Schedule B. Page 18 of 38 Page 355 of 611 POLICY Corporate Services Policy #: XXX Issue Date: February 1, 2021 Revision Date: January 14, 2025 City of Niagara Falls Procurement Policy | Page 15 of 34 All RFTs shall be issued and received by the Procurement Department in accordance with the instructions in the Bid Solicitation and shall be advertised in accordance with Section 9. 7.5.3 A Bid Solicitation may require that Bids be accompanied by a Bid security as a method to guarantee that the recommended Supplier enters into the Contract with the City. 7.5.4 A Bid Solicitation may also require a performance bond and/or a labour and materials payment bond to guarantee performance of the contract and payment to the Supplier’s subcontractors. 7.6 Request for Proposals (RFP) Request for Proposals shall be issued for purchases having an Estimated Procurement Value $25,000 and greater and in accordance with the Procurement Procedures when one or more of the following applies: 7.6.1 the Goods, Services or Construction cannot be specifically stipulated; 7.6.2 alternative methods or innovative solutions are being sought to perform certain functions or services; or 7.6.3 achievement of Best Value is sought. 7.6.4 All RFPs will be evaluated by an evaluation team based on the criteria outlined in the Bid Solicitation. 7.6.5 The Award selection will be made based on a fully disclosed evaluation method and a contract shall be entered into in accordance with Schedule B. 7.6.6 Any public disclosure of information shall be made in accordance with the provisions of the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990; 7.6.7 A modified RFP process which may include a modification to the evaluation process shall be reviewed and permitted with approval of the General Manager of the issuing department, the General Manager of Corporate Services and/or the Senior Manager of Strategic Procurement and Initiatives. All RFPs shall be issued and received by the Procurement Department in accordance with the instructions in the Bid Solicitation and shall be advertised in accordance with Section 9. Page 19 of 38 Page 356 of 611 POLICY Corporate Services Policy #: XXX Issue Date: February 1, 2021 Revision Date: January 14, 2025 City of Niagara Falls Procurement Policy | Page 16 of 34 7.7 Request for Supplier Qualifications “RFSQ” Where appropriate, a Request for Supplier Qualifications process may be completed. Supplier submissions will be evaluated, ranked, and a list of pre-qualified Suppliers will be established who may be eligible to participate in a subsequent Bid Solicitation. Pre-qualification under a RFSQ may be considered in the following circumstances: 7.7.1 the Goods, Services or Construction to be purchased must meet national safety standards; 7.7.2 the work involves complex, multi-disciplinary activities, specialized expertise, equipment, materials, or financial requirements; 7.7.3 there could be a substantial impact on the City’s operations if the work is not satisfactorily performed; and/or 7.7.4 any other circumstances deemed appropriate by the applicable General Manager and the General Manager of Corporate Services. All RFSQs shall be issued and received by the Procurement Department in accordance with the instructions in the Bid Solicitation and shall be advertised in accordance with Section 9. 7.8 Request for Rostered Candidates “RFRC” Where appropriate, an RFRC for the purposes of establishing a Roster may be completed. Supplier submissions will be evaluated, ranked, and a list of qualified Suppliers will be established who may then be hired to perform works in accordance with the process as defined in the Solicitation. In the event that the Roster includes only one (1) Supplier, the City shall reserve the right to invite other Suppliers to submit Bids. All RFRCs shall be issued and received by the Procurement Department in accordance with the instructions in the Bid Solicitation and shall be advertised in accordance with Section 9. Page 20 of 38 Page 357 of 611 POLICY Corporate Services Policy #: XXX Issue Date: February 1, 2021 Revision Date: January 14, 2025 City of Niagara Falls Procurement Policy | Page 17 of 34 Section 8 - Non-Competitive Purchase Mechanisms 8.1. Single Source Purchases All Single Source purchases having an Estimated Procurement Value: 8.1.1 Between $10,000 and up to $130,000 must be approved prior to the purchase by: a) the Department Head; b) the General Manager of the Division; and c) the General Manager of Corporate Services and/or the Senior Manager of Strategic Procurement and Initiatives, and will be reported to Council on a semi-annual basis by the Procurement Department. 8.1.2 Between $130,000 and up to $250,000 must be approved prior to the purchase by: a) the Department Head; b) the General Manager of the Division; c) the General Manager of Corporate Services and/or the Senior Manager of Strategic Procurement and Initiatives; and d) the Chief Administrative Officer, and will be reported to Council on a semi-annual basis by the Procurement Department. 8.1.3 $250,000 and greater must be authorized prior to the purchase through resolution of Council. All Single Source Purchases shall be authorized and a contract entered into in accordance with Schedule B. 8.2 Sole Source Purchases All Sole Source purchases having an Estimated Procurement Value: 8.2.1 Between $10,000 and up to $130,000 must be approved prior to the purchase by: a) the Department Head; b) the General Manager of the Division; and c) the General Manager of Corporate Services and/or the Senior Manager of Strategic Procurement and Initiatives, Page 21 of 38 Page 358 of 611 POLICY Corporate Services Policy #: XXX Issue Date: February 1, 2021 Revision Date: January 14, 2025 City of Niagara Falls Procurement Policy | Page 18 of 34 and will be reported to Council on a semi-annual basis by the Procurement Department; 8.2.2 Between $130,000 and up to $250,000 must be approved prior to the purchase by: a) the Department Head; b) the General Manager of the Division; c) the General Manager of Corporate Services and/or the Senior Manager of Strategic Procurement and Initiatives; and d) the Chief Administrative Officer, and will be reported to Council on a semi-annual basis by the Procurement Department. 8.2.3 $250,000 and greater must be authorized prior to the purchase through resolution of Council. All Sole Source Purchases shall be authorized and a Contract entered into in accordance with Schedule B. 8.3 Unsolicited Proposals Unsolicited Proposals may be in writing detailing information on how the proposal can provide the City with significant value or savings. While there is no obligation on the City to do so, Unsolicited Proposals may be accepted and a Contract entered into for a maximum of a one-year period. All Unsolicited Proposals having a total cumulative dollar amount: 8.3.1 Between $10,000 and up to $130,000 must be approved prior to the purchase by: a) the General Manager of the Division; and b) the General Manager of Corporate Services and/or the Senior Manager of Strategic Procurement and Initiatives. 8.3.2 Between $130,000 and up to $250,000 must be approved prior to the purchase by: a) the General Manager of the Division; b) the General Manager of Corporate Services and/or the Senior Manager of Strategic Procurement and Initiatives; and c) the CAO. 8.3.3 $250,000 and greater must be authorized prior to the purchase through resolution of Council. Page 22 of 38 Page 359 of 611 POLICY Corporate Services Policy #: XXX Issue Date: February 1, 2021 Revision Date: January 14, 2025 City of Niagara Falls Procurement Policy | Page 19 of 34 No further subsequent proposals providing the same or similar Goods or Services will be permitted without the issuance of a Solicitation. Where a Solicitation is undertaken as a result of an Unsolicited Proposal, the Supplier who submitted the Unsolicited Proposal shall not be precluded from participating in a future Solicitation process. An Unsolicited Proposal shall not be considered if: 8.3.4 it is a Good or Service that is already being purchased by the City; 8.3.5 it resembles a current or upcoming competitive Solicitation that has or will be requested; 8.3.6 it requires substantial assistance from the City to complete the proposal; 8.3.7 the Goods or Services are readily available from other sources; and/or 8.3.8 it is not deemed by the applicable General Manager and the General Manager of Corporate Services to be of sufficient value to the City. All accepted Unsolicited Proposals shall be authorized and a contract entered into in accordance with Schedule B. 8.4 Purchase by Negotiation A General Manager may purchase by Negotiation with one or more Suppliers without a Formal Bid Solicitation process upon approval of the General Manager of Corporate Services and the Chief Administrative Officer under the following conditions: 8.4.1 When market conditions for the purchase are in short supply in the judgement of the CAO, the applicable General Manager and the General Manager of Corporate Services; 8.4.2 A Single or Sole Source exists; 8.4.3 The Lowest Compliant Bid received meets all specifications but exceeds the approved Budget available for the Procurement; 8.4.4 Only one (1) Bid is received in response to a Bid Solicitation; or 8.4.5 To purchase used fleet equipment that is being sold by: a) other municipalities; or b) by private sale or public auction; or c) through a Supplier licensed to sell used fleet equipment providing the equipment meets or exceeds the divisional fleet equipment requirements. All negotiated purchases shall be authorized and a Contract entered into in accordance with Schedule B. Page 23 of 38 Page 360 of 611 POLICY Corporate Services Policy #: XXX Issue Date: February 1, 2021 Revision Date: January 14, 2025 City of Niagara Falls Procurement Policy | Page 20 of 34 8.5 Request for Expression of Interest (RFEOI) An RFEOI may be issued to determine if there is sufficient vendor interest to justify proceeding with a competitive procurement process and to gain additional information from the Supplier community. The RFEOI process does not lead to a contract Award. All RFEOI’s shall be issued and received by the Procurement Department in accordance with the instructions in the Bid Solicitation and shall be advertised in accordance with Section 9. 8.6 Emergency Purchases 8.6.1 In specified circumstances, the City may be required to respond to an emergency which includes, without limitation: a) An emergency declared pursuant to the Emergency Management and Civil Protection Act, 1990; b) an event or circumstance where the City’s municipal emergency Control Group established under the Act has been activated; c) there is an imminent or actual danger to the life, health or safety of an official or an employee while acting on the City’s behalf; d) there is an imminent or actual danger to destruction of real or personal property belonging to the City; or e) when immediate procurement of Goods or Services is essential or necessary to: i. prevent or alleviate serious delay, a threat to public health, safety or welfare, ii. prevent the disruption of essential Services, or iii. prevent damage to public property. 8.6.2. Any Department Head shall be authorized to make Emergency Purchases in excess of $50,000 upon approval of the General Manager of the Division, the General Manager of Corporate Services and the CAO. All such purchases must be reported to the Procurement Department on the following business day. 8.6.3. Any Emergency Purchases in which there was sufficient budget funding available for the Purchase will be reported to Council on a semi-annual basis by the Procurement Department. Page 24 of 38 Page 361 of 611 POLICY Corporate Services Policy #: XXX Issue Date: February 1, 2021 Revision Date: January 14, 2025 City of Niagara Falls Procurement Policy | Page 21 of 34 8.6.4. Any Emergency Purchases in which there was not sufficient budget funding available for the Purchase will be reported to Council by the User Department at the next available Council meeting. Section 9 - Advertising of Bid Solicitations The advertising of all formal Bid Solicitations will be conducted in compliance with applicable trade agreements. Section 10 - Bid Irregularities The Procurement Department will maintain procedures to administer Bid Irregularities. Each Formal Bid Solicitation document issued by the City will outline Bid Irregularities that may lead to the disqualification of a Bid. Section 11 - Tie Breaker Where Bids are received from competing Bidders, such Bids are low and compliant, and such Bids are scored equally or have the same value or price for the City, tie breaking methods shall be used as per the Bid Solicitation document and the Procurement Procedures. The outcome of the tie breaking method is final. Section 12 - Council Approval and Reporting Despite any other provisions of this Policy, the following procurements are subject to prior Council approval unless deemed compliant with the City’s Budget Control Policy, as amended: 12.1. Any Contract requiring approval from the provincial or federal governments or their agencies; 12.2. any Contract prescribed by statute to be approved by Council; 12.3. any acquisition of Goods, Services and Construction that is not already approved in a Budget, such as items requiring pre-budget approval or post-Budget amendments, which must be reported to Council in order to have the expenditure authorized via resolution; Page 25 of 38 Page 362 of 611 POLICY Corporate Services Policy #: XXX Issue Date: February 1, 2021 Revision Date: January 14, 2025 City of Niagara Falls Procurement Policy | Page 22 of 34 12.4. any Contract where the Award is not being recommended to the lowest compliant Bidder or the highest compliant scoring Proponent; 12.5. any circumstances when the Bid process did not follow all provisions outlined in the Procurement Policy; 12.6. any circumstances when the scope of a project has changed from that which was approved by Council in the Budget; 12.7. any circumstances where the recommended Award exceeds the amount from that which was approved by Council in the Budget; 12.8. where an exemption is required to the conditions or limits set out in this Policy; 12.9. the authority to Award has not been expressly delegated to City Staff; or 12.10. the recommendation is to award any of the following having an Estimated Procurement Value of $250,000 and greater: a) a Single Source; b) a Sole Source; c) an Unsolicited Proposal; or d) a Purchase by Negotiation. Section 13 - Exceptions Notwithstanding anything contained in this Policy, Council may deviate from this Policy. Any deviation to the Procurement Policy shall be explicitly set out in a Council resolution. Section 14 - Form of Contract All Awards shall require the issuance of a Contract in accordance with Schedule B and in a form satisfactory to the City Solicitor. Section 15 – Conflict of Interest To avoid real and perceived conflicts between the interests of the City and those of the City’s employees and elected officials and to ensure compliance with the Municipal Conflict of Interest Act R.S.O 1990, c.M.50, as amended: Page 26 of 38 Page 363 of 611 POLICY Corporate Services Policy #: XXX Issue Date: February 1, 2021 Revision Date: January 14, 2025 City of Niagara Falls Procurement Policy | Page 23 of 34 15.1 Internal Conflict of Interest 15.1.1 It is the responsibility of all persons involved in the Bid Solicitation and evaluation to disclose any inherent or potential Conflict of Interest to the applicable General Manager and the General Manager of Corporate Services. 15.1.2 Any person disclosing a Conflict of Interest shall remove themselves from the procurement process associated with the Conflict. 15.1.3 It is the responsibility of all members of Council to disclose any inherent or potential Conflict of Interest to Council at any time the matter is being considered by Council. 15.2 Supplier Code of Conduct and Conflict of Interest 15.2.1 The City requires its Suppliers to act with integrity and conduct business in an ethical manner. The City may refuse to do business with any Supplier that has: a) engaged in illegal or unethical Bidding practices; b) has an actual or potential Conflict of Interest; c) has an unfair advantage; or d) fails to adhere to ethical business practices. 15.2.2 Suppliers are responsible for ensuring that any employees, representatives, agents, or subcontractors acting on their behalf conduct themselves in accordance with this Supplier Code of Conduct. 15.2.3 During a formal Procurement process, all communications shall be made through the Procurement Department. No Supplier or person acting on behalf of a Supplier or group of Suppliers shall contact any elected official, consultant, or any employee of the City to attempt to seek information or to influence the award. 15.2.4 A Conflict of Interest in relation to the performance of a Supplier’s contractual obligations is when a Suppliers other commitments, relationships or financial interests: a) could, or could be seen to exercise an improper influence over the objective, unbiased, and impartial exercise of its independent judgement; or b) could, or could be seen to, compromise, impair, or be incompatible with the effective performance of its contractual obligations; Page 27 of 38 Page 364 of 611 POLICY Corporate Services Policy #: XXX Issue Date: February 1, 2021 Revision Date: January 14, 2025 City of Niagara Falls Procurement Policy | Page 24 of 34 15.2.5 The City may require the immediate removal and replacement of any individual or entity acting on behalf of a Supplier that conducts themselves in a manner inconsistent with this Supplier Code of Conduct and Conflict of Interest. The City may refuse to do business with any Supplier that is unwilling or unable to comply with any of these requirements. 15.3 Conflicts of Interest in Bidding Practices A Conflict of Interest in relation to a Bidding process is when a Bidder has an unfair advantage or engages in conduct, directly or indirectly, that may give it an unfair advantage, including but not limited to: 15.3.1. having, or having access to, confidential information of the City in the preparation of its Bid that is not available to other Bidders; 15.3.2. having been involved in the development of the Bid request including having provided advice or assistance in the development of the Bid request; 15.3.3. receiving advice or assistance in the preparation of its response from any individual or entity that was involved in the development of the Bid request; 15.3.4. communicating with any person with a view to influencing preferred treatment in the Bidding process (including but not limited to the Lobbying of decision makers involved in the Bidding process); or 15.3.5. engaging in conduct that compromises or could be seen to compromise, the integrity of the open and competitive Bidding process or render that process non-competitive or unfair. 15.4. Illegal or Unethical Bidding Practices Illegal or unethical Bidding practices include: 15.4.1. Bid-rigging, price-fixing, bribery or collusion, or other behaviors or practices prohibited by federal or provincial statutes; 15.4.2. offering gifts or favours to City officer, employees, appointed or elected officials, or any other representative of the City; 15.4.3. submitting inaccurate or misleading information in a procurement process; and 15.4.4. engaging in any other activity that compromises the City’s ability to run a Page 28 of 38 Page 365 of 611 POLICY Corporate Services Policy #: XXX Issue Date: February 1, 2021 Revision Date: January 14, 2025 City of Niagara Falls Procurement Policy | Page 25 of 34 fair procurement process. The City will report any suspected cases of collusion, bid-rigging or other offences under the Competition Act to the Competition Bureau or to other relevant authorities. 15.5. Declaring and Avoiding Conflicts of Interest 15.5.1. All Suppliers participating in a procurement process must declare any perceived, possible, or actual Conflicts of Interest. 15.5.2. In accordance with Section 15.3, where a Supplier is retained to participate in the development of a Bid Solicitation or the specifications for inclusion in a Bid Solicitation, or otherwise advises the City in the relation to the preparation of a Bid Solicitation or the administration of a Bidding process, that Supplier will not be allowed to respond directly to that Solicitation. 15.6. Ethical Business Practices In providing Goods, Services and Construction, Suppliers are expected to adhere to ethical business practices including: 15.6.1. performing all contracts in a professional and competent manner and in accordance with the terms and conditions of the contract and the duty of honest performance. 15.6.2. comply with all applicable laws, including safety and labour codes (both domestic and international as may be applicable); and 15.6.3. providing workplaces that are free from harassment and discrimination. 15.7. False Declarations 15.7.1. If a Supplier includes false or misleading information in response to a Bid Solicitation, the City may suspend that Supplier from participating in future procurement practices. 15.7.2. If a Supplier fails to disclose a Conflict of Interest in connection with a procurement process or during the performance of a contract with the City, and the City subsequently discovers that such Conflict of Interest exists, the City may suspend that Supplier from participating in future procurement processes and/or terminate the existing contract. 15.7.3. The following non-exclusive factors weigh in favour of suspension: Page 29 of 38 Page 366 of 611 POLICY Corporate Services Policy #: XXX Issue Date: February 1, 2021 Revision Date: January 14, 2025 City of Niagara Falls Procurement Policy | Page 26 of 34 a) The Supplier knowingly made misrepresentations or failed to disclose a Conflict of Interest; b) The misrepresentation or undisclosed Conflict of Interest resulted in the Supplier having an unfair advantage or otherwise compromised the integrity of the City’s procurement process. 15.8. City Conflict Determination Determinations in relation to Conflict of Interest under the Policy shall be the responsibility of the General Manager of Corporate Services in consultation with the applicable General Manager and the City Solicitor. Section 16 - Lobbying Restrictions 16.1. Lobbying restrictions shall apply to Suppliers, their staff members or anyone involved in preparing a Bid. 16.2. No Suppliers, their staff members, or anyone involved in preparing a Bid shall engage in any form of political or other Lobbying whatsoever or seek to influence the outcome of the Bid Solicitation process or subsequent Award. 16.3. This restriction extends to all City staff and anyone involved in the Bidding process including but not limited to, preparing a Bid Solicitation or participating in a Bid evaluation process. 16.4. The City may reject any Bid by a Supplier that engages in such Lobbying without further consideration. 16.5. Elected officials shall avoid any involvement in all Procurement processes. An elected official who receives inquiries related to any specific procurement or Bid Solicitation process shall redirect those inquiries to the Procurement Department. Section 17 - Supplier Performance 17.1 The Purchasing Authority/Delegate shall monitor and document the performance of Suppliers providing Goods, Services or Construction to that Department and shall advise the Procurement Department in writing when the performance of a Supplier has been unsatisfactory. 17.2 The City will proactively manage the performance of Suppliers during the term of the awarded contract. Page 30 of 38 Page 367 of 611 POLICY Corporate Services Policy #: XXX Issue Date: February 1, 2021 Revision Date: January 14, 2025 City of Niagara Falls Procurement Policy | Page 27 of 34 17.3 The City may, in its sole discretion, suspend for a specified timeframe or disqualify a Supplier from Bidding on any Bid Solicitation or reject a Bid submitted by the Supplier if a Supplier: a) has, at any time, threatened, commenced, or engaged in a claim or litigation against the Corporation, except an adjudication under the Construction Act, R.S.O. 1990, c. C.30; b) is a party in a claim or litigation initiated by the City; c) previously provided Goods, Services or Construction to the City in an unsatisfactory manner, including but not limited to failing to meet contract specifications, terms, and conditions, as well as causing or permitting health and safety violations; d) has failed to satisfy an outstanding debt owed by the supplier to the City; e) has a history of illegitimate, frivolous, unreasonable, or invalid claims against the Corporation; and/or f) provides incomplete, unrepresentative references, or receives unsatisfactory external and/or internal references in a reference check in relation to the Bid Solicitation. 17.4 A Supplier who’s right to Bid has been suspended or disqualified may apply in writing to the General Manager of Corporate Services for reinstatement of such rights. In the case of a suspension, such application may be made at any time after the expiry date of the suspension period in the written notice provided. Section 18 – Public Endorsement No public endorsement or opposition of any existing or potential Supplier may be made by staff without prior consultation and approval of the CAO. This shall not include the giving of a reference for a Supplier which has supplied Goods, Services and/or Construction to the City. Section 19 - Debriefing 19.1. All requests for a formal or informal Supplier debriefing to obtain feedback on why a Bid was not successful must be received by the City of Niagara Falls in writing and directed to the Procurement Department. Page 31 of 38 Page 368 of 611 POLICY Corporate Services Policy #: XXX Issue Date: February 1, 2021 Revision Date: January 14, 2025 City of Niagara Falls Procurement Policy | Page 28 of 34 19.2. A request for a Supplier debriefing will not alter an Award decision. Section 20 - Dispute Resolution 20.1. The City encourages competitive Bidding and an open, accountable, and transparent process for the Purchase of Goods, Services and Construction. 20.2. To maintain the integrity of the Bid Solicitation process, a Supplier that believes that it has been treated unfairly in a Bid Solicitation may challenge the process by filing a Procurement Protest with the Bid Solicitation Contact in accordance with the Bid Solicitation documents. 20.3. The Bid Solicitation Contact will consult with the Senior Manager of Strategic Procurement & Initiatives or designate and a response will be provided to the Supplier. 20.4. If resolution cannot be achieved, the Supplier can submit the Procurement Protest to the General Manager of Corporate Services who will review the matter and render a decision in consultation with the City Solicitor. The decision rendered will be final. Section 21 - Access to Information 21.1. The maintenance, release, and management of all Procurement records must be in accordance with the City’s policies and procedures on document management and access to information and in keeping with the City’s legal obligations under the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M.56, as amended. 21.2. All Suppliers who Contract with the City shall adhere to or exceed the standards set in the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M.56, as amended and the Personal Health Information Protection Act, 2004, S.O. 2004, c. 3, Sched. A, and other relevant Ontario or Federal Privacy Legislation or common law as may be passed or amended from time to time, as though they were agents of the City as it relates to the confidential and secure treatment, including collection, use, disclosure or retention, of personal information or personal health information, other confidential information of the City, and all records thereof with which they come into contact through the course of performing Services and/or providing Goods to the City. Page 32 of 38 Page 369 of 611 POLICY Corporate Services Policy #: XXX Issue Date: February 1, 2021 Revision Date: January 14, 2025 City of Niagara Falls Procurement Policy | Page 29 of 34 Section 22 - Severability If any Section or Sections of this Policy or parts thereof are found by an adjudicator of competent jurisdiction to be invalid or beyond the power of Council to enact, such Section or Sections or parts thereof shall be deemed to be severable and all other Sections or parts of the Policy shall be deemed to be separate and independent there-from and shall continue in full force and effect unless and until similarly found invalid or beyond the power of the Council to enact. Section 23 - Policy Review The General Manager of Corporate Services or designate will review this Policy on an ongoing basis to review the effectiveness and integrity of the process and policy adherence at least once every five (5) years and report to Council as necessary. Section 24 - General The title of this Policy is the “Procurement Policy”. The General Manager of Corporate Services shall have all the necessary authority to administer this Policy and to carry out their duties on behalf of the Corporation. Page 33 of 38 Page 370 of 611 POLICY Corporate Services Policy #: XXX Issue Date: February 1, 2021 Revision Date: January 14, 2025 City of Niagara Falls Procurement Policy | Page 30 of 34 Schedules Schedule A: Exemptions Items listed below are exempt from the requirements of the Procurement Policy. Any Contract necessary to complete the Purchase shall be executed by the appropriate Signing Officer as set out in Schedule B, up to the prescribed limits, provided that: a) Contract has been prepared in a form satisfactory to the City Solicitor; b) any financial securities and insurance required under the Contract are satisfactory to the City Solicitor; and c) funding is available in the Budget. 1. Petty Cash 2. Training and Education 2.1 Conferences, conventions, courses and seminars 2.2 Magazines, books, periodicals 2.3 Memberships 2.4 Staff Development 3. Refundable Employees Expenses 3.1 Advances 3.2 Meal Allowances 3.3 Travel and Entertainment 3.4 Miscellaneous - non-travel 4. Employer’s General Expenses 4.1 Payroll Deductions Remittances 4.2 Medical 4.3 Licenses (i.e. Vehicle) 4.4 Customs Brokerage Fees 4.5 Debenture Payments 4.6 Insurance Premiums 4.7 Grants to Agencies 4.8 Damage Claims 4.9 Petty Cash Replenishment 4.10 Tax Remittances 4.11 City charges to and from other government bodies 4.12 Sinking Fund Payments 4.13 Payment for employment (i.e. Contract employees) 4.14 Employee Benefits Page 34 of 38 Page 371 of 611 POLICY Corporate Services Policy #: XXX Issue Date: February 1, 2021 Revision Date: January 14, 2025 City of Niagara Falls Procurement Policy | Page 31 of 34 4.15 Postage 5. Professional and Special Services 5.1 Committee Fees 5.2 Medical and Laboratory Services 5.3 Fees for professional legal or related expert and witness services 5.4 Integrity Commissioner 5.5 Payments to Social Service and Health Agencies that are subject to Purchase of Service Agreements, such as childcare providers. 5.6 Medical and Dental fees 5.7 Funeral and Burial expenses 5.8 Appraiser Fees 5.9 Witness fees 5.10 Honoraria 5.11 Advertising 5.12 Specialized Professional Services approved by the CAO and General Manager of Corporate Services 6. Ongoing maintenance and software licencing agreements for equipment such as computer hardware and software, telecommunications equipment, elevators, and HVAC equipment provided that the initial acquisition was the result of a competitive Bid Solicitation process. 7. Banking Services and Charges 8. Utilities Charges 8.1 Water and Sewer 8.2 Hydro 8.3 Gas 8.4 Communication Infrastructure Services such as Bell, Rogers, etc. 8.5 Utility relocations 8.6 Construction work completed by Railways and billed to the Corporation. 9. Real Property 9.1 Acquisition or Disposal of Real Property including easements and right-of-way through a rental, lease, purchase, or sale. 10. Resale Items Page 35 of 38 Page 372 of 611 POLICY Corporate Services Policy #: XXX Issue Date: February 1, 2021 Revision Date: January 14, 2025 City of Niagara Falls Procurement Policy | Page 32 of 34 Schedule B: Procurement Mechanisms, Thresholds and Delegated Purchasing, Spending and Signing Authority Procurement Mechanism Total Estimated Procurement Value in CDN funds (excl. taxes) Authority for Procurement and Procurement Process Form of Contract Authority to Award Contract Low Value Purchase Up to $10,000 Purchasing Authority/Delegate Direct purchase by Department. Ensure Best Value based on market conditions is obtained. Payment by P-Card where practicable Purchase Order Applicable Signing Officer as per the Budget Spending and Signing Authority Policy. Request for Quotation - Informal $10,000 up to $50,000 Purchasing Authority/Delegate Invitational process by Department. A minimum of three (3) written quotes obtained. Purchase Order Reviewed by Legal if not City’s standard Applicable Signing Officer as per the Budget Spending and Signing Authority Policy. Request for Quotation – Formal $50,000 up to $130,000 Purchasing Authority/Delegate Publicly posted through the City’s online Bidding System in collaboration with the Procurement Department. Purchase Order released by Procurement Agreement Executed by Legal Applicable Signing Officer as per the Budget Spending and Signing Authority Policy. Request for Tender $130,000 + Purchasing Authority/Delegate Publicly posted through the City’s online Bidding System in collaboration with the Procurement Department. Purchase Order released by Procurement Agreement Executed by Legal Applicable Signing Officer as per the Budget Spending and Signing Authority Policy. Request for Proposals $25,000 + Purchasing Authority/Delegate Publicly posted through the City’s online Bidding System in collaboration with the Procurement Department. Purchase Order released by Procurement Agreement Executed by Legal Applicable Signing Officer as per the Budget Spending and Signing Authority Policy. Page 36 of 38Page 373 of 611 POLICY Corporate Services Policy #: XXX Issue Date: February 1, 2021 Revision Date: January 14, 2025 City of Niagara Falls Procurement Policy | Page 33 of 34 Procurement Mechanism Total Estimated Procurement Value in CDN funds (excl. taxes) Authority for Procurement and Procurement Process Form of Contract Authority to Award Contract Single or Sole Source Purchases $10,000 up to $130,000 Purchasing Authority/Delegate Collaboration with the Procurement Department. Approvals required to initiate purchase*: i. Department Head ii. General Manager of the applicable Division iii. General Manager of Corporate Services and/or Senior Manager of Strategic Procurement & Initiatives Purchase Order released by Procurement Agreement Executed by Legal Applicable Signing Officer as per the Budget Spending and Signing Authority Policy. $130,000 up to $250,000 iv. Plus CAO $250,000 and greater v. Plus Resolution of Council Purchase by Negotiation Any value Purchasing Authority/Delegate Collaboration with the Procurement Department. Approvals required to initiate purchase*: i. General Manager of the applicable Division ii. General Manager of Corporate Services iii. CAO Purchase Order released by Procurement Agreement Executed by Legal Applicable Signing Officer as per the Budget Spending and Signing Authority Policy. Page 37 of 38Page 374 of 611 POLICY Corporate Services Policy #: XXX Issue Date: February 1, 2021 Revision Date: January 14, 2025 City of Niagara Falls Procurement Policy | Page 34 of 34 * or designates Procurement Mechanism Total Estimated Procurement Value in CDN funds (excl. taxes) Authority for Procurement and Procurement Process Form of Contract Authority to Award Contract Emergency Purchases $50,000 and greater Purchasing Authority/Delegate Collaboration with the Procurement Department, as required. Approvals as soon as practicable*: i. GM of the applicable Division ii. GM of Corporate Services and/or Sr Mgr of Strategic Procurement & Initiatives iii. CAO Reporting to Council required: Sufficient Budget: Semi-annually by Procurement Insufficient Budget: User Dept at next available meeting. Purchase Order released by Procurement Agreement Executed by Legal, as required. Applicable Signing Officer as per the Budget Spending and Signing Authority Policy. Unsolicited Proposals Up to $130,000 Purchasing Authority/Delegate Collaboration with the Procurement Department, as required. Approvals required to initiate purchase*: i. GM of the applicable Division ii. GM of Corporate Services iii. Sr Mgr of Strategic Procurement & Initiatives Purchase Order released by Procurement Agreement Executed by Legal Applicable Signing Officer as per the Budget Spending and Signing Authority Policy. $130,000 up to $250,000 iv. Plus CAO $250,000 and greater v. Plus Resolution of Council Page 38 of 38Page 375 of 611 MW-2025-01 Operations Report Report to: Mayor and Council Date: January 14, 2025 Title: Roadside Maintenance and Weed Control on Regional Roads - Budget Accompaniment Report Recommendation(s) 1. That Council RECEIVE for information Report MW-2025-01, a Budget Accompaniment Report, containing the supporting details for the financial implications pertaining to Council's Motion for Staff to report back on options to increase service levels for roadside maintenance and weed control on Regional Roads in Niagara Falls. 2. That, Subject to Budgetary Approval, Council DIRECT Staff to negotiate with Niagara Region on advancement of Option 2 described in this report, for contracted services to perform weed control on commercial and tourist regional road thoroughfares. Executive Summary Several options to increase service levels for roadside maintenance on urban commercial and tourist thoroughfares on Regional Roads have been considered in response to the motion by Council passed on October 22, 2024. Corresponding estimated budget impacts can be found separately in the Operating Budget reports and presentations. Through discussion with Regional Staff, it was determined to be preferred to contract out herbicide application weed control for approximately 25 kilometers of regional roads including 83 distinct medians or traffic islands (including roundabouts). More discussions and negotiations with the Region are required in order to firm up the overall approach; however, as any approach will require a dedication funding allocation, it is now appropriate to consider in the context of the operating budget deliberations. Although actual contracted services costs are impossible to predict, the rough estimate for this service level increase is $80,000, attributable to the tax levy. The corresponding option will be included as a decision unit in the Operating Budget report and presentation material. Background City Council passed a motion on October 22nd for Staff to (paraphrased): report back on options, including impacts to the 2025 budget, for the purposes of increasing service Page 1 of 7 Page 376 of 611 levels on Regional Roads relating to roadside mowing, trimming, and general weed control. The motion also identified the need to craft a maintenance plan and schedule that clearly identified the new target service levels, that it was desirable for work to be carried out by the City's labour force, and that there is a need to explore cost-sharing opportunities with the Region of Niagara. Staff have been at work on the development of plans and options in response to this motion; however, the time needed to prepare fulsome maintenance plans and schedules. Negotiate with the Region on this approach and cost-sharing will require more time than is available to meet the 2025 operating budget timeline. Therefore, Staff present this report on the options to Council for consideration in a timeline that corresponds to the operating budget timeline. Council will see the budgetary impacts of the options reflected in the Budget reports and presentations, with the "status quo" option being reflected in the base budget. Analysis Historical Context The intent of this report shall not be misconstrued to blame nor criticize the Region for the service currently being delivered. Staff understand that the Region takes the approach that service levels for roadside maintenance should be fairly and consistently applied region-wide. Therefore, the service levels for a road in Niagara Falls should be indistinguishable from a Regional road in Fort Erie, St. Catharines, Grimsby and anywhere else in the Region. In general, Niagara Region maintains the roadside and median areas with the prime intent of ensuring safe passage for motorists and pedestrians. Roadside mowing is conducted on a standard 10-business day cycle consistent with the City's approach; however, fine trimming and weed removal for aesthetic-only purposes are not within the Region's standard purview. Consequently, the Region has long established that any desired aesthetic improvements, such as streetscaping or beautification for example, are enhanced service levels that the Local Area Municipality are responsible to maintain and fund. The City has already been maintaining a number of enhanced roadside features on Regional Roads in this manner for decades. Some examples include the maintenance of roundabout landscaping on RR101 Mountain Rd at Mewburn Rd, on RR43 Bridge St. at Victoria Ave, the maintenance of the gateway sign landscaping on RR420 Falls Avenue, and the landscaped corners at RR20 Lundy's Lane and Garner Road and Kalar Road. Scope of Work and Locations Through an initial review of roadway ownership and maintenance responsibility data, Staff have identified that there are approximately 61 kilometres of Regional Roads within the Urban Area Boundary of the City of which 25 kilometers pass through commercial business or tourist corridors. These 25 kilometers are believed to represent the scope of Councils motion for boulevard maintenance and increased weed control Page 2 of 7 Page 377 of 611 along the outer curb lanes. Within these corridors there are also 83 distinct traffic islands, medians, or roundabouts; 16 which are already receiving enhanced maintenance by the City in some form due to the presence of existing landscape features. Therefore the scope of review has included the remaining 67 individual islands or medians subject to the options for increased service levels. The following options are presented for consideration: Option 1 - Weed Warriors 2.0 - Dedicated Seasonal Weed Spray and Regional Boulevard Maintenance Crew This option would involve an increase in complement by two (2) seasonal employees for the period of June 1st to October 31st (22 weeks). This two-person crew would be filled with individuals licensed to spray herbicide, and would include a pickup truck, backpack sprayers, push mowers and trimmers. The total cost is estimated at $115,000 broken down as follows:  Labour and Benefits = $67,000  Truck, Equipment and Fuel = $20,000  Herbicide Liquid Product = $18,000  Contracted Services for Traffic Control = $6,000  Training and Certification (4 employees) = $4,000 The goal of this approach is to have every location identified in the scope be frequented on a 10-day rotation. Daily responsibility would be to spot-spray and mow (as required) 5km of roadside, and to spray 5 to 7 medians / islands in the same corridor. Landscaping would be performed by others. At this time it is difficult for Staff to estimate if this frequency can be achieved based on a 2-person crew; however, it is a starting point. Staff have identified that training and licensing of employees may not be a straightforward task, especially for seasonal employees, and that a two-person crew does not allow for any flexibility in the event of illness or vacation. Consequently, the plan would include training and certification of two additional employees (4 total) for backfilling purposes. Backfilling costs have not been included in this calculation as the labour and benefit costs are already captured elsewhere; however, it is noteworthy to point out that this new initiative will reduce the available seasonal resources normally assigned elsewhere. Option 2 - Weed Control Only Contracted Service (Mowing continues by Region) As an alternative to an in-house operation, the effort associated with herbicide application of the roadside and median islands could be contracted out to a licensed contractor. The same 10 day frequency of spray application would apply. The costs associated with this option are expected to be lower than the estimated in-house operation due to the liklihood that the contractor will also be able to find economies of scale by combining their work with other commercial business services for the remainder of the time, and due to the the fact that the crew would not be performing any Page 3 of 7 Page 378 of 611 boulevard mowing and that this service would remain with the Region on their 10-day cycle. Although the market has yet to be tested, Staff estimate this option to be in the range of $60,000 to $80,000 per year. A significant advantage of this option is that it ensures availability and depth of licensed herbicide applicators within the Contractors control during the summer season; whereas if the City were to train and license seasonal labourers, there is a high likelihood of turnover in those positions as seasonal labourers often seek full-time employment with the City or elsewhere as they are entitled to do so in the Collective Agreement. Option 3 - Hybrid Approach (Contractor Spray & City Mow) A hybrid approach is also possible where a licensed weed control contractor would perform the application of herbicide on the same 10-day cycle; however, City Staff would replace the Region for the outstanding 25km of roadside mowing by amending the City's existing maintenance beats. In order to extend the City's resources to include this additional 25km, it is required that Council approve the additional seasonal Staff FTE's identified in the operating budget as the "Rapid Response Team". This is a roving crew who's primary responsibility is to address maintenance requests coming through the City's new customer service initiative (At Your Service Niagara Falls) including one-off maintenance items such as encampment clean up, special event clean up and set up, traffic island trimming, graffiti removal, litter pick up, illegal dumping clean up, etc. This crew will also be dispatched to support existing service levels for roadside and park maintenance, particularly where challenging weather conditions, vacations, illness, equipment failures, or other factors have made it difficult for the City's existing resources to maintain their respective beats on the desired 10-day cycle. This alternative is not initially recommended as it is questionable whether or not there are advantages of swapping Regional mowing crews for City mowing crews, and furthermore more discussion is required with the Region on the impacts and cost- redistribution that would result. Additionally, there is a high risk that the extension of the 25km of new streets into the existing maintenance beats will exacerbate the City's existing challenges of meeting a 10-day cut frequency despite the support of a proposed rapid response team. New Boulevard Maintenance Bylaw Amendment In December 2024 Council approved an amendment to the Maintaining of Land Bylaw (2007-41). This bylaw amendment applies only to roads under the City's jurisdiction, and Niagara Region does not have a similar bylaw. Collaboration with Regional Staff The options presented in this report have been presented to the Region's operations Staff. More discussion and planning is required before any decisions can be made, as the Region is not overall opposed to the option, but they do feel that enhanced options should not be limited to only Niagara Falls. City Staff are suggesting that, subject to budgetary approval by Council, this could be a pilot program for 2025. Page 4 of 7 Page 379 of 611 Further to the initial reactions and commitment to continue negotiations, Regional Staff have the following conditions and comments: 1. Insurance, Permits, and Indemnity - Contractors are to follow Regional requirements in order to work on Regional Roads. 2. Traffic Control and Safety - Working on Regional Roads shall ensure smooth impact traffic operations, and must be conducted in a manner that ensures the safety of both motorists and the worker. Traffic Control plans are to be prepared by the City or Contractor, and approved by the Region. 3. Offsetting of Regional resources - Roadside maintenance is presently performed by Regional crews, and should the City take on this work, further discussion is needed for either a work-swap or the is a possibility for the City to recover the equivalent costs through a Fee for Service agreement. A similar arrangement already exists for maintenance of Regional Road 420 (Falls Avenue) between Stanley Avenue and Victoria Avenue. More discussion is required once the City has selected an option, as the scope and estimated value is presently unknown. 4. Formal confirmation from the Ministry of Environment Conservation and Parks (MECP) on the approval of a herbicidal product used for cosmetic purposes, which is outside the exemption referenced in the Environmental Protection Act (1990) for infrastructure maintenance. Recommendation Staff recommend that Council provide funding allocation in the amount of $80,000 and to provide direction to Staff to pursue Option 2 - Contracted Weed Control with the Region for the following reasons:  Less costly option - Contractors will likely be able to perform herbicide application on an economy of scale whereas the City would initiate this as a dedicated in- house sole-service.  Less risk - Working within the travelled portion of Regional Roads is challenging. Contracting this work will distribute the risk to a third-party.  More resources - Compared to the City in our current state, weed control contractors have a greater depth of licensed technicians, training, herbicide product, and specialized equipment for the purposes of weed control. The City cannot restrict career advancement for labourers once they are trained and licensed, which creates a risk that the position will never be able to be dependably resourced.  Flexibility - As this is a new scope of services, and as there are other budgetary pressures, there is a risk that the services may need to change or cease altogether. Contracting out the service avoids the risk of the City acquiring dedicated trucks and equipment which may not be adequate to meet the needs of the new service levels. For this reason, it is also recommended to limit the contract to a single-year basis with options for annual renewal and renegotiation of scope.  Scalability - Should the Region wish to offer this service to other municipalities at the end of the pilot, scaling up a contractor tender is more feasible than hiring in- house resources. Page 5 of 7 Page 380 of 611  Resource Limitations - Without adding additional resources, extending the City's labour resources to roadside mowing for an additional 25km will significantly stretch-thin our existing labour force, and will likely result in inability to accomplish the existing maintenance beats on the desired 10-day cycle. Operational Implications and Risk Analysis The option to add new services, or increase service levels, is inherently accompanied by the addition of new management and operational responsibilities, and the risks associated with the same. Prior to conducting any additional work on Regional Roads, the appropriate indemnity and insurance provisions are required to be completed. Handling and applying pesticide is a restricted activity in Ontario. Therefore, it is recommended that the City's Human Resources examine the activity from a health and safety lens, and develop a standard operating procedure (SOP) for this activity - recognizing the differing responsibilities for contractors, City labourers, and City Management. Financial Implications/Budget Impact An early estimate of the contracted services costs associated with Option 2 in this report is $80,000. This amount has been carried forward as an option within the tax-supported operating budget report and presentation. Actual costs are unknown and are subject to market rates. Should Council choose to proceed with allocation of these dollars in the operating budget, the next step will be to collaborate with the Region. Should the Region support this approach, Staff will ensure that the request for quotations (RFQ) includes sufficient language allowing a scale-up or scale-down the services in order to match the budget allocation. Strategic/Departmental Alignment This contents and recommendations of this report do not specifically reflect any strategic initiative or departmental initiative. Strategic Plan Pillars Contributor(s) Marianne Tikky, Senior Manager Roadways/Parks James Sticca, Director of Operations Written by: Erik Nickel, General Manager of Municipal Works Submitted by: Status: Erik Nickel, General Manager of Municipal Works Approved - 07 Jan Page 6 of 7 Page 381 of 611 2025 Jason Burgess, CAO Approved - 08 Jan 2025 Page 7 of 7 Page 382 of 611 MW-2025-02 Engineering Report Report to: Mayor and Council Date: January 14, 2025 Title: Approval of EV ChargeON Grants for Electric Vehicle Charger Installations Recommendation(s) 1. That Council RECEIVE this report for information; 2. That Council CONSIDER passing the related Resolution on today's agenda to accept the Provincial funding and authorize the Mayor and Clerk to execute any documents necessary as part of the EV ChargeON grant requirements; 3. That Council APPROVE a the reallocation of $100,000 from FR11-22 - Electric Vehicle Charging Station Pilot Program (contingent on previous, unsuccessful grant application), to be used for the implementation of EV chargers leveraging approved EV ChargeON grant funding; 4. That Staff REPORT BACK prior to execution of construction contracts with a summary of financial impacts and budgetary recommendations. Executive Summary of Ministry the to application grant successful a with was City The provincial Transportation's EV ChargeON program for a total of eight (8) sites; six (6) at City of Niagara Falls properties, and two (2) at Niagara Parks properties. The grant will provide a maximum of $1,657,500 in contributions towards the costs of construction of twenty- six (26) Level 2 type chargers, and thirteen (13) Level 3 type fast chargers at these eight sites. In order to move forward with the program, the Province is requesting that the City provide a Council Resolution and Certificates of Insurance at it's earliest opportunity. Niagara Parks will be expected to enter into an agreement with the City that includes full reimbursement upon conclusion of the charger construction and commissioning. Background At its meeting on November 14, 2023, Council through report MW-2023-31 directed staff to apply for Provincial grant funding under the EV ChargeOn Program. This program provided eligibility for Ontario communities outside of large urban centres (i.e. less than 170,000 population) the opportunity to receive up to seventy-five percent Page 1 of 5 Page 383 of 611 (75%) of total project costs through post-construction rebates for EV chargers available for public use. The Niagara Parks Commission was not an eligible agency to apply; as the program was only open to Municipalities and Indigenous Communities/ Organizations; however, their properties did qualify. Therefore respective staff at the City and Niagara Parks have collaborated on a joint effort for Niagara Parks properties, with the City taking the lead for administrative purposes. Analysis By the January 2024 deadline, Staff had submitted detailed grant applications for a total of eleven (11) sites at various locations on City of Niagara Falls and Niagara Parks Commission properties. A summary of the locations and proposed number of charging outlets is provided below: Location Number of Level 2 Chargers Proposed Number of Level 3 (FAST) Chargers Proposed Successful / Awarded ChargeON Grant Site 1 - Municipal Lot 4 (Ellen Avenue) 4 2 Yes Site 2 - Municipal Lot 18 (Kitchener St/Victoria Ave.) 4 3 Yes Site 3 - MacBain Community Centre 4 2 Yes Site 4 - Chippawa Arena/Patrick Cummings Sports Park 4 0 Yes Site 5 - Gale Centre Arena 4 2 No Site 6 - Oakes Park 4 0 No Site 7- Niagara Glen Nature Center (NPC) 4 0 Yes Site 8 - Butterfly Conservatory Parking (NPC) 0 4 Yes Site 9 - Kingsbridge Park (NPC) 0 3 No Site 10 – Firemen’s Park 4 0 Yes Site 11- Niagara Falls Convention Centre 2 2 Yes Of the eleven (11) applications submitted, the Ministry has approved eight (8) sites (noted above), totaling more than $1,657,500 in grant funding. While the City is fortunate to have received this significant funding opportunity, the grants do not cover all of the estimated project costs. The table below summarizes the total costs of all successful sites, along with grants awarded, and outstanding funding obligations: Approved Project Costs Grants Awarded Outstanding Page 2 of 5 Page 384 of 611 Locations Funding City (6 sites) $3,432,647 $1,177,500 $2,255,147 NPC (2 sites) $1,185,735 $480,000 $705,735 Total (8 sites) $4,618,382 $1,657,500 $2,960,882 In addition to the submission and award of the Provincial ChargeON Grants, Staff have also explored other grant funding opportunities to reduce the estimated project costs to the City. In September 2024, Staff applied for Federal funding offered by Natural Resources Canada (NRCan) through the Zero Emission Vehicle Infrastructure Program (ZEVIP). If successful in this program, grant funding may be stacked and provide an additional $697,000 in funding towards these projects, lessening the financial impact to the City. Implementation Recommendations: are Staff deadline, project ChargeON EV meet tight the to order In two-year recommending to proceed expeditiously with the background engineering, site design, specifications, NPEI coordination, and tender preparation. Therefore, reallocation of a 2022 capital budget allocation in the amount of $100,000 that was originally set aside for the first ZEVIP intake (which the City was unsuccessful) is recommended to enable these preliminary undertakings. Prior to execution of construction or service delivery contracts, the Staff will provide an update to Council on the anticipated capital costs and for the purpose of a budget amendment necessary to fund the City's portion of the grant. As the work also includes two Niagara Parks sites, Staff will continue to collaborate with Niagara Parks Staff and will be requiring the execution of an agreement that outlines the various responsibilities necessary to accomplish the charger installations and secure the grant funding, and that specifies full reimbursement for costs related to their specific sites. Staff will also be exploring service delivery models for the electric vehicle charging stations, should a project become financial viable under a third party delivery model and if the city can expect a revenue share, then a location may also be considered to proceed. Operational Implications and Risk Analysis Maintenance of the charger equipment once constructed, will be required to be part of the City's operations program and will need to be resourced accordingly. Should there be a decision to not proceed with any of the eight locations, the terms and conditions of the grant will be required to be respected. Based on information presently available the risk of not proceeding is low as there are no penalties for terminating or not proceeding; however, the sites do become ineligible for any reimbursement. Financial Implications/Budget Impact Page 3 of 5 Page 385 of 611 A budgetary allocation of $100,000 was included in the 2022 Capital Budget contingent on an additional $50,000 NRCan ZEVIP grant. This grant was not approved, and the dollars remain available in this account. Staff recommend reallocating these funds for detailed site engineering, design, specifications up to the point of tendering. Once tenders are issued, Staff will report back with more accurate contract prices and will include recommendations for budgetary allocation. This timeline also corresponds with the aforementioned 2024 ZEVIP intake announcements. Staff also identify that this initiative will be a potential revenue source; however, it is unlikely that the revenue will be sufficient to reach a "break even" point given the significant capital costs and the anticipated operating and maintenance costs particularly associated with Level 3 fast chargers. Strategic/Departmental Alignment The recommendations of this report align with the Environmental Sustainability Pillar of the 2023-2027 Council Strategic Plan. The initiatives of this report also advance the City's Climate Change Adaptation Plan infrastructure goal "To design, construct, and maintain physical infrastructure that is resilient to climate impacts while considering affordability, energy efficiency, natural assets, and reduction in greenhouse gasses". Specifically, actions 10.3 and 10.4 are accomplished through advancement of this project: Action 10.3: Install and update EV charging stations and City EV fleet Action 10.4: Develop and encourage sustainable methods of transportation including through connected trails and paths, expanded GO services, EV chargers, and public transit Strategic Plan Pillars Sustainability - Environmental Implementing practices and policies to ensure the health and well-being of the environment for current and future generations. Written by: Mathew Bilodeau, Manager of Transportation Engineering Erik Nickel, General Manager of Municipal Works Submitted by: Status: Erik Nickel, General Manager of Municipal Works Approved - 07 Jan 2025 Jason Burgess, CAO Approved - 07 Jan 2025 Page 4 of 5 Page 386 of 611 Page 5 of 5 Page 387 of 611 PBD-2025-06 Planning Report Report to: Mayor and Council Date: January 14, 2025 Title: MTO/Greater Niagara General Hospital Lands Neighbourhood Plan and Background Study Initiation Recommendation(s) That Council AUTHORIZE the initiation of a Neighbourhood Plan process for the lands identified in Appendix “1”, and That Council AUTHORIZE staff to advertise a “Request for Expression of Interest” to seek interested persons from the community to participate on a Community Focus Group to provide input over the course of the Neighbourhood Plan exercise. Executive Summary The purpose of this report is to initiate a Neighbourhood Plan for the lands bounded by Highway 420 to the north, Stanley Avenue to the east, North Street along the south and Portage Road at the west. Within this area there are a few key parcels such as the existing Greater Niagara General Hospital (“GNGH”), which is scheduled to close in 2028 when the new South Niagara Falls Hospital opens. The Plan Area also includes the former MTO lands, now City owned, which contains parking lots that were used for Casino overflow parking. There are two Niagara Region owned sites including the Ambulance station and the former Victorian Order of Nurses (“VON”) building. Staff recommend a neighbourhood planning exercise to proactively guide future land use and re-development in this centrally and strategically located block on the verge of transition. The Neighbourhood Plan will create a vision for this 13.9 hectare site that will assist with municipal growth and intensification targets and provide a policy framework and direction that will lead to its successful implementation. The City led planning exercise will be formally implemented through an Official Plan Amendment process and accompanying Zoning By-law Amendment. A Neighbourhood Plan provides the vehicle for detailed land use planning initiatives at the neighbourhood level. The Neighbourhood Plan follows a similar path to that of a Secondary Plan, however, is typically applied to smaller planning areas that do not require Regional approval. A Location Map illustrating the limits of the Neighbourhood Plan Area (“Plan Area”) is attached as Appendix “1”. Page 1 of 7 Page 388 of 611 Additionally, staff are seeking Council’s authorization to solicit interest from residents and business owners to participate on a Community Focus Group and contribute to the dialogue, share opinion, and offer perspectives for staff’s consideration in developing a land use plan that will help set out a vision for this site’s future re-development. Background The City of Niagara Falls is a growing municipality, one of 29 recognized by the Province of Ontario and as listed in the Provincial Planning Statement 2024. The last Statistics Canada Census (2021) had reported a population of 94,415 people. Estimates at mid-census would suggest the City’s population in 2023 was approximately 105,500 to 107,000 persons. The Region’s Official Plan forecasted the City would grow by another 47,235 persons by 2051. Accommodating future growth will be shared across the City’s remaining and new Greenfield lands, through intensification in core and corridor locations, and general redevelopment throughout the existing built-up area. The Plan Area represents a tremendous opportunity for re-development, rejuvenation, and intensification of this strategic location, assisting the City in meeting its forecasts and housing goals. The overall objective of neighbourhood planning is to create or contribute to the complete community concept; one that considers future neighbourhood structure that is well designed and developed to be vibrant, walkable, transit supportive and respectful of the natural environment, while contributing to helping achieve the City’s 2051 housing and employment targets. A neighbourhood plan will also ensure growth occurs in a coordinated and efficient manner and prepared in an open, publicly inclusive, and transparent planning process. The process will identify opportunities and constraints for development and their relationship with surrounding lands, including but not limited to, the extent and sensitivity of existing environments (natural and built), transportation networks including active transportation, municipal servicing networks, and any recreational or socioeconomic opportunities where they may exist or be introduced. Analysis The Plan Area is located immediately south of Highway 420 and is bordered by Portage Road to the west, North Street to the south and Stanley Avenue to the east (see Appendix “1”). The Plan Area is comprised of approximately 13.9 hectares (34.4 acres) of land, all within the City’s existing, serviced Urban Area Boundary and more specifically, within the City’s Built-Up Area. All re-development occurring within the Plan Area will be considered as intensification that will help the City meet its 50% intensification target. Existing servicing in and around the Plan Area offers a highly positive prospect of a short-term re-development turnaround cycle. This will assist in keeping development opportunities available within the City while awaiting the new, larger infrastructure Page 2 of 7 Page 389 of 611 projects to come online later this decade (new wastewater treatment facilities in south Niagara Falls and related regional trunk mains). It remains in the best interest of the City, the surrounding businesses and neighbourhood, to recognize that change is imminent and proactive community planning represents the best course of action in the near term to gather input and opinion. The Neighbourhood Plan will represent a vision, while setting expectations on how this future re-development area can and will contribute to the City’s goal for meeting housing targets. City staff will also be monitoring the new Official Plan process and will ensure appropriate policy is identified to lead expectation on the future of these lands as background study work is being undertaken. The intent would be to provide for a seamless transition as an amendment to the new Official Plan, as the new Official Plan is expected to be completed prior to conclusion of the Neighbourhood Plan. Background Studies The neighbourhood planning exercise will be a City led process. Staff have met with Niagara Region staff to advise of the City’s intended path forward, including identification of the background studies the City will be conducting to inform subsequent phases of land use planning. The background studies, to be prepared by qualified, expert consultants, include the following. Funding has been approved for these studies, through the 2024 and 2025 capital budgets:  Transportation Impact Study – Will look at traffic impacts resulting from a change in land use from that of predominantly hospital and commercial to residential and mixed use in relation to the surrounding road and pedestrian networks.  Functional Servicing Study – Examining current servicing capacities relative to a change in land use, what could be deemed shovel-ready presently, and what improvements would be required for the yet to be determined results of the Neighbourhood Plan.  Land Use Compatibility – To identify existing land uses that would represent potential barriers, impediments or land use conflict to transforming the Plan Area into a primarily residential and mixed-use environment. This would include reviewing any existing commercial or industrial uses in the surrounding area, noise and vibration transmitters, or any other existing use(s) that would need to be considered during the land use planning exercises for mitigation measures or policy guidance at the time of more detailed development applications.  Environmental Site Assessment (Phases 1 and 2) – understanding whether there are any environmental contaminants on site to determine the suitability of the lands to accommodate “more sensitive” land uses, such as a residential use. The expectation of residential uses being introduced on former institutional (hospital) lands and industrial/tourist commercial (Stanley Avenue) frontages will be part of the Page 3 of 7 Page 390 of 611 dialogue around the future neighbourhood composition. It is important such discussions be informed by the studies noted above, which will help define any parameters or limitations that will need to be addressed as part of future Planning Act applications and development activity. The Neighbourhood Plan will follow a three-phase process. A high-level description of the activity in each phase is offered below. Phase 1 - existing conditions studies to capture all of the key infrastructure uses, such as water usage, sanitary flows, traffic counts and other data points that create a model and benchmarks to measure impacts on any subsequent land use plan. Phase 2 - will typically see Planning staff workshopping concepts with key groups such as its consultants, internal departments, the Region and potentially MTO. Staff would also consult the CFG for input before going out to the public. Phase 3 – essentially considered the formal process, this phase would see the preferred land use plan refined and policies to guide the future development of the Neighbourhood Plan would be prepared and circulated to agencies, partners, authorities. Each Phase would conclude with an administrative update report to Council. Public Engagement and Consultation Public engagement is a cornerstone to the City’s Neighbourhood and Secondary Plan programs, and there will be multiple points of planned engagement over the course of the Neighbourhood Plan’s development. Consultation with the community, stakeholders and partner agencies will be important throughout the Neighbourhood Plan process. In addition to open houses and stakeholder meetings, the Let’s Talk Niagara Falls web platform will provide an ongoing source of information, offering access to all published reports, background studies, upcoming key dates for meetings and document release. The platform will serve as a single location where members of the public can maintain contact with staff and track progress of the Neighbourhood Plan’s development to its conclusion. All comments collected through the public consultations will be considered by planning staff and will be reported to Council in milestone administrative reports. Community Focus Group A Community Focus Group (“CFG”) is proposed as a component of the public engagement strategy during the development of the Neighbourhood Plan. A CFG will be selected following project initiation and will provide an opportunity for those selected to express their views in detail, to hear opinions of others, and to collectively articulate their views during scheduled meetings with City staff. The CFG will meet throughout the Plan’s development to offer input for a Vision Statement, contribute to land use and re- development concepts, and to comment on deliverables including policies developed by Page 4 of 7 Page 391 of 611 the City Planning staff prior to the formal processing of the draft amendment for Council’s consideration on approval. The CFG would ideally be comprised of a cross section of the neighbourhood / community with 10 to 12 members representing new and long-term residents, and business owners in the immediate vicinity of the Neighbourhood Plan Area. An invitation for interested persons to submit their names for participation on the CFG via a “Request for Expression of Interest” (“RFEOI”) will be advertised. A Terms of Reference will be prepared by Staff that will help guide the composition of the group, providing roles and responsibilities of City staff and selected members, and expectations of the membership respecting meeting attendance, and any materials offered to inform discussions. Next Steps Planning staff are working to finalize the Terms of Reference (“ToR”) for the background studies the City will be completing for the Neighbourhood Plan, followed by additional consultation with Regional staff to confirm Regional interests during the background study period. With Council’s authorization to initiate the MTO/GNGH Neighbourhood Plan Staff will complete a procurement process for the above noted background studies and work to issue the RFEOI for a Community Focus Group to be established. City Planning staff will manage and maintain the planning function throughout the neighbourhood plan process. Financial Implications/Budget Impact Council has previously approved the allocation of $190,000 for the preparation of the background studies noted in the report, through the 2024 and 2025 capital budgets. Strategic/Departmental Alignment The development of the MTO/GNGH Neighbourhood Plan is consistent with the Social Sustainability strategic priority as it promotes sustainable growth through redevelopment and making use of existing infrastructure. It will provide opportunity for partnerships to increase quality, affordable housing options within our existing built-up environment and help prevent lands from falling into a vacant or neglected state. 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. Contributor(s) Kailen Goerz, Senior Manager of Long Range Planning Initiatives List of Attachments Page 5 of 7 Page 392 of 611 Appendix 1 - Location Map Written by: Chris Millar, Senior Project Manager - Secondary Plans Submitted by: Status: Signe Hansen, Director of Planning Approved - 07 Jan 2025 Kira Dolch, General Manager, Planning, Building & Development Approved - 07 Jan 2025 Jason Burgess, CAO Approved - 08 Jan 2025 Page 6 of 7 Page 393 of 611 �NiagarapgJJ.� Valley Wy @f1 fttl -Biamonte Cr -Britannia Cr trt-\�p:� _- Lundy'S Ln Ferry St APPENDIX "1" "MTO/GNGH" Neighbourhood Plan Study Area -i:, 0 ... ....II) CIQ ID :x, C. -- Kitchener St Ferry St CJ) .... Ill --(1) < ? 11 I 'ill I I I I I I McRae StMcRae St �OJ l o:i l ....C ro n ...., ::r )> OJ < :i OJ )> :i < )> < Kitchener Sto:i C n ::r OJ :i OJ :i ? Forsythe St Spring St -- Stamford St Falls Av .,­ Kitchener St North St 0 i i ? I I o:i C n ::r OJ :i OJ :i ? Forsythe St Ferry St �OJ .... ro ...., This data is provided "as is" and the City of Niagara Falls (the City) makes no representations or warranties, expressed or implied, as to the accuracy or completeness of the data. The maps and drawings contained herein are intended for general layout purposes only and shall not be considered as official plans or drawings. For further information, please contact the City. The City shall not be held liable for special, incidental, consequential or indirect damages arising from the use of this data. Users assume all risks in using this data. No part of these digital images, or information, or hardcopies made from them may be reproduced and/or distributed without this disclaimer. © City of Niagara Falls Print Date: 5/2/2024 Page 7 of 7 Page 394 of 611 PBD-2025-07 Planning Report Report to: Mayor and Council Date: January 14, 2025 Title: Quarter 3 Development and Housing Report and Provincial Reporting Recommendation(s) 1. That Council RECEIVE the Quarter 3 Development and Housing Status Report that reviews the status of current development and housing activity in the City of Niagara Falls from July 1 through September 30 of 2024 (Q3); and 2. That Council DIRECT staff to forward the housing information to the Province as required. Executive Summary As part of the More Homes for Everyone Act, 2022, the Planning Act was amended to give the Minister of Municipal Affairs and Housing the authority to require municipalities and planning boards to report information on planning matters. The Province has mandated specific data to be reported on a quarterly and annual basis. In Q3 2024, the City of Niagara Falls issued 58 new residential building permits at a value of $24.98 million for new homes, with 67% of these new homes meeting the criteria for affordable housing at the moderate household income level. During the same period the Canada Mortgage and Housing Corporation (CMHC) reported 129 housing starts (the beginning of the housing construction cycle, indicated by a completed foundation), and 35 completions (the end of the housing construction cycle, occupants can move in). With respect to the City’s Provincial Housing Target and the Building Faster Fund, the City, at the end of Q3 (September 30th) had 196 starts, 288 long term care beds and 84 conversions for a total of 568 new units. This represents an 85% completion of the overall housing pledge for Niagara Falls in 2024 of 667. In non-residential development, Niagara Falls saw 10 permits at a total value of $43.7 million for new Industrial, Commercial, and Institutional (ICI) construction, and 37 permits at a total value of $18.4 million in renovations and alterations for a total of $62.1 million. In Q3 2024, the Planning Department has received 40 planning applications and attended 32 pre-consultations. All planning applications in Q3 have been processed Page 1 of 16 Page 395 of 611 within the Provincially prescribed timelines. Planning staff are currently processing 341 active planning applications, in various stages of approval. By-Law Services has processed 5,358 inquiries, letters, complaints and orders. Overall, residential building permit activity is down, however decreasing interest rates is expected to result in increased construction activity in 2025. Industrial, Commercial, and Institutional (ICI) development permits have increased, without the benefit of a major project like the hospital built in Q2 2024. With respect to the City’s Provincial Housing Target and the Building Faster Fund, by September 30th Niagara Falls was at an 85% completion rate of the overall pledge of 667. The City’s population continues to grow moderately, as does the City’s housing stock and economic capacity. Background The information and data collected for the provincial reporting is included in this report for Council’s information. This report informs Council about, Planning, Building and By- law to (July 2024 Q3 the during City the in occurred that activity Enforcement September), as part of the strategy to manage and plan for the City’s future. This report also measures the progress towards the Housing Supply Action Plan commitments which includes the City of Niagara Falls Housing Pledge to build 8,000 homes in the next 10 years. Analysis This report allows for benchmarking of service levels and provides data relative to departmental key performance indicators (KPIs). This report will analyze residential, industrial, commercial and institutional building permit activity in addition to the City’s housing stock and how Q3 has performed towards housing goals. “Appendix 1” summarizes the detailed statistics that are required by the Provincial Ministry of Municipal Affairs and Housing, quarterly and annually. Residential Development: Building Permits Niagara Falls issued 58 new residential building permits in Q3 2024. Specifically, 17 single detached, 4 semi-detached, and 37 additional dwelling units (ADUs) building permits were issued. When compared to Q3 2023 that saw 201 residential building permits issued, this is a notable decrease. Further, this is a decrease from Q2 2024 which saw 192 residential building permits issued. Housing Affordability Page 2 of 16 Page 396 of 611 ‘Affordable’, as defined in the 2024 Provincial Planning Statement means housing for which the purchase price results in annual accommodation costs do not exceed 30 percent of gross income for low and moderate-income households. Affordability is measured across a spectrum of income levels with low income represented by households annually earning up to $64,800 and moderate incomes represented by households earning between $64,800 and $103,572 annually. With respect to the affordability of new residential construction in the Q3 of 2024, of the 58 new construction permits, 39 units, or 67%, would be considered affordable for moderate income households (primarily at the higher end of the moderate-income brackets and earning up to $103,572 annually) based on OLMCBO construction values. While accurate to construction costs, OLMCBO construction permit values will not account for land costs which adds to the overall cost of housing. With that being said, the use of OLMCBO value does allow staff to better assess the affordability of new housing that is being introduced to the market. New ADUs make up the majority of new affordable housing construction in Q3. To date, 378 units were built in 2024 by the end of Q3, 233 units were considered affordable or 47% of the units built. Of the 233 affordable units, by the end of Q3 83 units or 36% were ADU’s, in Q3 28 ADU units, or 12% of the affordable units were built. The fastest growing sector of housing that is affordable is ADUs. For both the first and second quarters of 2024 100% of ADU building permits met the criteria to be considered affordable, due to their small footprint. The 37 new ADUs created 39 new dwelling units, as some ADUs contained more than one unit. Of these permits, 36 were basement ADUs and 1 was a detached ADU. There were no second floor or garage ADUs built this quarter. Further, townhouses can also be a major source of housing that is affordable, however no units were built within this quarter. The City has a housing goal set out in the Official plan to meet an annual goal of 40% affordable units or a minimum of 270 affordable units annually. As of the end of Q3, September 30th the City was at 233 affordable units, or 86% of the annual target. Based on 47% of all units to date being considered affordable, it is anticipated that by the end of Q4 2024 this target will be met. It is noted that staff will be updating the affordability benchmarks first introduced in the 2022 Housing Strategy and utilized by staff to assess development applications relative to Official Plan policy. This will be presented in the 2025 Q1 report and will address the impact of land costs and condominium fees. Residential Development: Starts & Completions In Q3 2024, CMHC reported 129 housing units were started (the beginning of the housing construction cycle) and 35 housing units were completed (the end of the construction cycle) in Niagara Falls. Of the 129 housing starts, there were 17 single detached, 2 semi-detached, 60 townhouse, and 50 apartment units started. With 26 starts in Q1, 41 in Q2, the total this year comes to 196 starts for the year. Compared to Page 3 of 16 Page 397 of 611 the 35 housing units completed in Q3 2024, there were 20 single detached and 15 townhouse units completed. With 126 completions in Q1, 148 in Q2, the total this year comes to 309 completions for the year. It is noted that the CMHC data here for starts and completions does not include ADU’s. The City has a Housing Pledge to construct 8,000 homes by 2031. The Provincial Build Faster Fund provides funding to municipalities that meet the Housing Pledge goal assigned by the province. The City’s 2024 target, as set by CMHC, is 667 units, as measured by starts, long term care beds and conversions to residential units. At the end of Q3, the City has recorded Niagara Falls had 196 housing starts, 288 long term care beds and 84 conversions (including ADU’s and other conversions to new residential units), for a total of 568 new units. This represents an 85% completion of the overall housing pledge for Niagara Falls in 2024. Staff expect the City will meet the 2024 Housing Pledge Target of 667 units, by the end of Q4, and will report back to Council in this regard in the year-end report. Non-Residential Development: Industrial, Commercial & Institutional At total of 47 permits were issued for Industrial, Commercial, and Institutional (ICI) construction projects in Q3 2024. This includes 3 industrial, 3 commercial, and 4 institutional permits for new construction, with a construction value of $43.7 million. Q1 2024 saw a new ICI construction value of $22 million, and Q2 2024 saw a new ICI construction value of $90.4 million. This represents an increase from Q1 2024 ICI permits and a decrease in new construction ICI permits from Q2. While Q2 saw $89.5 million attributed to permits associated with the new hospital, Q3 saw no projects of the same scale. Thirty-seven permits were issued for renovations and alterations to existing ICI uses, which includes 4 for industrial uses, 22 for commercial uses, and 11 for institutional uses, for a total construction value of approximately $18.4 million. This brings the total value of all ICI permits issued for the Q3 2024 to $62.1 million with an approximate area of 55,294 square meters. Q1 2024 saw $4.3 million in renovations and alterations, for a total of $26.3 million attributed to new construction and alterations. Q2 2024 saw $6.1 million in renovations and alterations, for a total of $96.5 million attributed to new construction and alterations. When the Q3 2024 is compared to the Q3 2023, there is a significant increase in new ICI construction activity. Q3 2023 had a new construction value of $17.7 million, significantly less than 2024’s $62.1 million. Q 3 Planning Applications During Q3 2024, the Planning division received the following numbers and types of development applications: Page 4 of 16 Page 398 of 611  5 Zoning By-Law Amendment applications,  1 Official Plan Amendment application,  1 Subdivision application,  15 Minor Variance applications,  5 Consent applications,  11 Site Plan applications,  3 Plans of Condominium; and,  32 Pre-consultation meetings. In Q3 of 2024, 41 planning applications and 32 pre-consultations were processed as compared to 55 planning applications and 29 pre-consultation meetings in Q2 of 2024. When compared to Q3 of 2023, Q3 2024 has seen an increase in planning applications, and in pre-consultation meetings. Q3 of 2023 had 36 planning applications and 37 pre- consultation meetings. The Planning Division staff is currently processing an estimated 341 active development applications, this number is a total of all active files staff is working on, including Committee of Adjustment applications. Q 3 Building and By-law Services Statistics During Q3 2024, Building and By-law Enforcement Services staff responded to the following numbers of inquiries and complaints.  869 by-law complaints,  7 Water Supply, Plumbing and Drainage complaints,  28 occupancy Standards complaints,  31 tree issues complaints,  23 structural, roof, stairs, walls, ceiling, foundation complaints,  1 zoning / out buildings complaints,  32 complaints where there are multiple issues, including graffiti,  25 miscellaneous complaints,  46 Building Code Orders issued,  15 Rodent Rebates paid out,  4,254 Calls/Counter inquiries; and,  27 Compliance letters issued. This represents a total of 5,358 inquiries, letters, complaints and orders. Including 27 letters, 15 rodent rebates paid out, and 46 orders issued. By-Law activity is up as compared to Q2 of 2024, that had a total of 3,883 complaints, letters, and inquiries, and orders issued. When compared to Q3 2023, which had 2,510 complaints, letters and inquiries, and orders issued, Q3 2024 has seen a large increase in complaints, letters, and inquiries, but a decrease in orders issued. This increase is related to a rise in inquiries to the bylaw department. Where Q2 2024 saw 3,490 inquiries, Q3 2024 saw 4,254 inquiries, a 21% increase. Additionally, a rise in complaints is to be expected with Page 5 of 16 Page 399 of 611 warmer weather and a growing population accounts for a rise in complaints and inquiries annually. Financial Implications/Budget Impact This report has no direct financial implications for the City, however, metrics contained in this report help inform the City’s financial and growth strategies. Strategic/Departmental Alignment The development of a quarterly Housing Report is consistent with the City’s Strategic priorities of Diverse and Affordable Housing. Strategic Plan Pillars Economic Diversification & Growth Fostering a balanced and sustainable local economy achieved by expanding and diversifying the types of industries and businesses operating within the community. List of Attachments Appendix Q3 2024 Development and Housing Report Written by: Jessica Abraham, Planner 1 Submitted by: Status: Signe Hansen, Director of Planning Approved - 07 Jan 2025 Kira Dolch, General Manager, Planning, Building & Development Approved - 07 Jan 2025 Jason Burgess, CAO Approved - 08 Jan 2025 Page 6 of 16 Page 400 of 611 1 City of Niagara Falls Housing and Growth Monitoring Report Q3 Report: July 1st, 2024 to September 30th, 2024 Page 7 of 16 Page 401 of 611 Page 2 of 10 www.niagarafalls.ca D TABLE OF CONTENTS Development Review 3 Housing Market Data 9 Housing Affordability 10 Page 8 of 16 Page 402 of 611 Page 3 of 10 www.niagarafalls.ca Section 1 – Development Review Residential Building Permit Activity (2024) Building Permits by Value – $ Millions Source: City of Niagara Falls Building Permits Month New Construction Renovations and Alterations Total January $7.95 $32.04 $39.99 February $6.95 $1.00 $7.95 March $9.23 $0.66 $9.89 Q1 Total $24.13 M $33.70 M $57.83 M April $7.71 $0.62 $8.33 May $45.16 $0.71 $45.87 June $11.56 $0.98 $12.54 Q2 Total $64.43 M $2.32 M $66.75 M July $11.36 $0.43 $11.79 August $7.56 $0.55 $8.11 September $6.06 $0.30 $6.36 Q3 Total $24.98 M $1.28 M $26.26 M Year to Date Total $113.54 M 37.3 M 150.84 M Page 9 of 16 Page 403 of 611 Page 4 of 10 www.niagarafalls.ca Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 2 – Housing Market DataSection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 2 – Housing Market DataSection 1 – Development Review Section 2 – Housing Market Data Section 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development Review Section 2 – Housing Market DataSection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development 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Market DataSection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 2 – Housing Market DataSection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 2 – Housing Market DataSection 1 – Development Review Section 2 – Housing Market Data Section 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development Review Section 2 – Housing Market DataSection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 2 – Housing Market DataSection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 2 – Housing Market DataSection 1 – Development Review Section 2 – Housing Market Data Section 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development Review Section 2 – Housing Market DataSection 1 – Development Review Section 2 – Housing Market Data Section 1 – Development ReviewSection 2 – Housing Market Data Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 2 – Housing Market Data Section 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development Review Section 2 – Housing Market DataSection 1 – Development Review Section 2 – Housing Market Data Section 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development Review Section 2 – Housing Market DataSection 1 – Development Review Section 2 – Housing Market Data Section 1 – Development ReviewSection 2 – Housing Market Data Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 2 – Housing Market Data Section 1 – Development ReviewSection 2 – Housing Market Data Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 2 – Housing Market Data Section 1 – Development ReviewSection 2 – Housing Market Data Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 2 – Housing Market Data Section 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development Review Section 2 – Housing Market DataSection 1 – Development Review Section 2 – Housing Market Data Section 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development Review Section 2 – Housing Market DataSection 1 – Development Review Section 2 – Housing Market Data Section 1 – Development ReviewSection 2 – Housing Market Data Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 2 – Housing Market Data Section 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development Review Section 2 – Housing Market DataSection 1 – Development Review Section 2 – Housing Market Data Section 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development Review Section 2 – Housing Market DataSection 1 – Development Review Section 2 – Housing Market Data Section 1 – Development ReviewSection 2 – Housing Market Data Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 2 – Housing Market Data Section 1 – Development ReviewSection 2 – Housing Market Data Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 2 – Housing Market Data Section 1 – Development ReviewSection 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ReviewSection 1 – Development ReviewSection 2 – Housing Market Data Section 1 – Development ReviewSection 2 – Housing Market Data Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 2 – Housing Market Data Section 1 – Development ReviewSection 2 – Housing Market Data Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 2 – Housing Market Data Section 1 – Development ReviewSection 2 – Housing Market Data Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 2 – Housing Market Data Section 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development Review Section 2 – Housing Market DataSection 1 – Development Review Section 2 – Housing Market Data Section 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development Review Section 2 – Housing Market DataSection 1 – Development Review Section 2 – Housing Market Data Section 1 – Development ReviewSection 2 – Housing Market Data Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 2 – Housing Market Data Section 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development Review Section 2 – Housing Market DataSection 1 – Development Review Section 2 – Housing Market Data Section 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development Review Section 2 – Housing Market DataSection 1 – Development Review Section 2 – Housing Market Data Section 1 – Development ReviewSection 2 – Housing Market Data Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 2 – Housing Market Data Section 1 – Development ReviewSection 2 – Housing Market Data Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 2 – Housing Market Data Section 1 – Development ReviewSection 2 – Housing Market Data Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 2 – Housing Market Data Section 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development Review Section 2 – Housing Market DataSection 1 – Development Review Section 2 – Housing Market Data Section 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development Review Section 2 – Housing Market DataSection 1 – Development Review Section 2 – Housing Market Data Section 1 – Development ReviewSection 2 – Housing Market Data Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 2 – Housing Market Data Section 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development Review Section 2 – Housing Market DataSection 1 – Development Review Section 2 – Housing Market Data Section 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development Review Section 2 – Housing Market DataSection 1 – Development Review Section 2 – Housing Market Data Section 1 – Development ReviewSection 2 – Housing Market Data Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 2 – Housing Market Data Section 1 – Development ReviewSection 2 – Housing Market Data Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 2 – Housing Market Data Section 1 – Development ReviewSection 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Housing Market Data Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 2 – Housing Market Data Section 1 – Development ReviewSection 2 – Housing Market Data Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development Review Section 1 – Development 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1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development Review Section 2 – Housing Market DataSection 1 – Development Review Section 2 – Housing Market Data Section 1 – Development ReviewSection 2 – Housing Market Data Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 2 – Housing Market Data Section 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development Review Section 2 – Housing Market DataSection 1 – Development Review Section 2 – Housing Market Data Section 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development Review Section 2 – Housing Market DataSection 1 – Development Review Section 2 – Housing Market Data Section 1 – Development ReviewSection 2 – Housing Market Data Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 2 – Housing Market Data Section 1 – Development ReviewSection 2 – Housing Market Data Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 2 – Housing Market Data Section 1 – Development ReviewSection 2 – Housing Market Data Section 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development 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Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 1 – Development ReviewSection 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2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 2 – Housing Market DataSection 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Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 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Development ReviewSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – 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1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 2 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1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market 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– Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development Review Q3 Residential Development CMHC Reported Residential Starts 2024 *Resi dentia l starts do not accou nt for ADUs . Sourc e: Cana da Mortgage and Housing, Housing Market Information Portal, 2024 CMHC Reported Residential Completions 2024 Sou rce: Can ada Mor tga ge and Hou sing , Hou sing Market Information Portal, 2024 As reported by the CMHC, a residential start is the beginning of the construction phase, typically a building foundation or footing. A completion is the end of the construction cycle, when a building is ready for habitation and an occupancy permit is issued. Singles Semis Towns Apartments Total Q1 12 2 12 -26 Q2 14 2 25 -41 July 7 0 4 -11 August 4 0 56 50 110 September 6 2 --8 Q3 Total 17 2 60 50 129 YTD Total 43 6 97 50 196 Singles Semis Towns Apartments Total Q1 14 4 85 23 126 Q2 1 2 145 -148 July 2 -15 -17 August 4 ---4 September 14 ---14 Q3 Total 20 -15 -35 Total 35 6 245 23 309 Page 11 of 16 Page 405 of 611 Page 6 of 10 www.niagarafalls.ca Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development Review Section 1 – Development 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AffordabilitySection 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing Affordability Section 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing Affordability Section 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development Review 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ReviewSection 1 – Development Review Section 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 1 – 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Section 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing Affordability Section 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – 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1 – Development ReviewSection 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 3 – Housing AffordabilitySection 1 – Development ReviewSection 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 1 – Development ReviewSection 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development 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Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development Review Non-Residential Development: Industrial, Commercial, and Institutional (ICI) 2024 Q3 ICI Building Permits: New Construction and Renovations/Alterations ▪New Construction - $43.66 Million ▪Renovations and Alterations - $18.39 Million ▪Total (new and existing) - $62.05 Million Value of ICI Renovations and Alterations Building Permits, Q3 2024 Q1 $4,342,804 Q2 $6,132,100 July $7,192,722 August $3,375,807 September $7,819,082 Q3 Total:$18,387,611 YTD Total $28,862,515 Value of ICI New Building Permits, Q3 2024 Q1 $22,050,000 Q2 $90,414,225 July $13,250,000 August $5,001,120 September $25,415,360 Q3 Total $43,666,480 YTD Total $156,130,705 ➢A $10 M building permit was issued for a new KIA auto sales facility located at 7960 Oakwood Drive. This represents 23% of the new commercial cost value of 20.6 M in Q3. ➢55,294 was the total square meters for new industrial permits in Q3, including one issued at $5 M for a hydrogen production facility at 2900 Whirlpool Road. ➢$8.8 M in permits are attributed to the District School Board of Niagara and the Niagara Catholic District School Board. Of the $8.8 M, $2 M was issued to 4760 Simcoe Street for accessibility improvements including an elevator, and $409,000 for footings to a new school at 8422 McLeod Rd. Page 12 of 16 Page 406 of 611 Page 7 of 10 www.niagarafalls.ca Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development 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Review Section 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing Affordability Section 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 1 – Development ReviewSection 3 – Housing AffordabilitySection 1 – Development ReviewSection 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 1 – Development ReviewSection 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development 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– Housing AffordabilitySection 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 3 – Housing 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– Housing AffordabilitySection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 3 – Housing AffordabilitySection 1 – Development ReviewSection 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 1 – Development ReviewSection 3 – Housing AffordabilitySection 1 – Development ReviewSection 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 1 – Development ReviewSection 3 – Housing AffordabilitySection 1 – Development 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AffordabilitySection 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 1 – Development ReviewSection 3 – Housing AffordabilitySection 1 – Development ReviewSection 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 1 – Development ReviewSection 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 3 – Housing AffordabilitySection 1 – Development ReviewSection 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 1 – Development ReviewSection 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development Review Source: City of Niagara Falls Building Permits Planning Applications, Q3 2024 Development Applications Q1 Q2 Q3 YTD Total Zoning By-Law Amendment Applications 8 9 5 22 Official Plan Amendment Applications 3 5 1 9 Minor Variance Applications 8 23 15 46 Consent Applications 2 10 5 17 Site Plan Applications 1 7 11 19 Plans of Condominium 1 -3 4 Pre-Consultation meetings 16 29 32 77 Totals 39 84 72 194 For a total of 40 planning applications and 32 pre-consultations in the Q3 ➢Q3 2024 had 72 planning applications and pre-consultation’s combined, Q3 2023 had 71 planning applications and pre- consultation’s combined, therefore there is a 1.4% increase in planning applications from Q3 2023. ➢100% of applications have been processed within the Provincially mandated timeframe. Page 13 of 16 Page 407 of 611 Page 8 of 10 www.niagarafalls.ca Section 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing Affordability Section 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing Affordability Section 3 – Housing 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AffordabilitySection 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 1 – Development ReviewSection 3 – Housing AffordabilitySection 1 – Development ReviewSection 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 1 – Development ReviewSection 3 – Housing AffordabilitySection 1 – Development ReviewSection 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 1 – Development ReviewSection 3 – Housing AffordabilitySection 1 – Development ReviewSection 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 1 – Development ReviewSection 3 – Housing AffordabilitySection 1 – Development Review Building and By-Law Service Statistics, Q3 2024 Type Q1 Q2 Q3 YTD Total By-Law Complaints 259 123 869 1,251 Property Standards Complaints 100 102 147 349 Building Code Orders 33 35 46 114 Rodent Rebates paid out 2 25 15 42 Calls/Counter inquires through the clerks office 1,150 3,490 4,254 8,894 Compliance letters issued 36 34 27 97 FOI Requests 3 --3 Total 1,583 3,809 5,358 10,210 •Compared to Q3 of 2023, which saw a total of 2,191 complaints, letters, and inquiries, Q3 2024 has seen a 140%. •Inquiries were significantly more in the 2nd and 3rd Quarters due to the warmer weather, which results in more complaints with respect to property standards complaints related to weeds and yard maintenance. Page 14 of 16 Page 408 of 611 Page 9 of 10 www.niagarafalls.ca Section 2 – Housing Market Data Section 1 – Development ReviewSection 2 – Housing Market Data Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 2 – Housing Market Data Section 1 – Development ReviewSection 2 – Housing Market Data Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 2 – Housing Market Data Section 1 – Development ReviewSection 2 – Housing Market Data Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 2 – Housing Market Data Section 1 – Development ReviewSection 2 – Housing Market Data Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – 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Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 2 – Housing Market Data Section 1 – Development ReviewSection 2 – Housing Market Data Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 2 – Housing Market Data Section 1 – Development ReviewSection 2 – Housing Market Data Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 2 – Housing Market Data Section 1 – Development ReviewSection 2 – Housing Market Data Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 2 – Housing Market Data Section 1 – Development ReviewSection 2 – Housing Market Data Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 2 – Housing Market Data Section 1 – Development ReviewSection 2 – Housing Market Data Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 2 – Housing Market Data Section 1 – Development ReviewSection 2 – Housing Market Data Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 2 – Housing Market Data Section 1 – Development ReviewSection 2 – Housing Market Data Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 2 – Housing Market Data Section 1 – Development ReviewSection 2 – Housing Market Data Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 2 – Housing Market Data Section 1 – Development ReviewSection 2 – Housing Market Data Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 2 – Housing Market Data Section 1 – Development ReviewSection 2 – Housing Market Data Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 2 – Housing Market Data Section 1 – Development ReviewSection 2 – Housing Market Data Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 2 – Housing Market Data Section 1 – Development ReviewSection 2 – Housing Market Data Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 2 – Housing Market Data Section 1 – Development ReviewSection 2 – Housing Market Data Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 2 – Housing Market Data Section 1 – Development ReviewSection 2 – Housing Market Data Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 2 – Housing Market Data Section 1 – Development ReviewSection 2 – Housing Market Data Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 2 – Housing Market Data Section 1 – Development ReviewSection 2 – Housing Market Data Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing Affordability Section 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing Affordability Section 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing Affordability Section 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing Affordability Section 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing Affordability Section 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing Affordability Section 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing Affordability Section 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing Affordability Section 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing Affordability Section 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing Affordability Section 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development ReviewSection 1 – 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ReviewSection 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 3 – Housing AffordabilitySection 1 – Development ReviewSection 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 1 – Development ReviewSection 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 3 – Housing AffordabilitySection 1 – Development ReviewSection 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 3 – Housing 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Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development ReviewSection 2 – Housing Market Data Sales Price and Listings Source: Niagara Association of Realtors, 2024. The price of resale homes is down for Q3, from a high of $642,400 in July, to a low of $630,700 in September. The price is also down from 2023 where the lowest average sale price of a resale home was $648,800 for September 2023. Along with the decrease in sales prices, the average days on the market has also increased over the quarter, from 35 days in July to 41 days in September. Average Sale Price Q3, Per Year Sourc e: Niaga ra Assoc iation of Realtors, 2024. In general, the average sale price of resale home in Niagara Falls has decreased from $716,800 July 2022 to $630,700 September 2024. A 12% decrease from Q3 2022 to Q3 2024. July August September 2022 $ 716,800 $ 680,100 $ 653,000 2023 $ 662,800 $ 654,800 $ 648,800 2024 $ 642,400 $ 632,600 $ 630,700 Page 15 of 16 Page 409 of 611 Page 10 of 10 www.niagarafalls.ca Section 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing Affordability Section 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing Affordability Section 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing Affordability Section 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing Affordability Section 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 3 – Housing Affordability 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Section 3 – Housing AffordabilitySection 3 – Housing Affordability Section 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing Affordability Section 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing Affordability Section 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing Affordability Section 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing Affordability Section 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing Affordability Housing Review The City of Niagara Falls has a goal of 270 units per year to be built with a purchase price or rental price at or below the identified threshold for affordable in accordance with the Niagara Region’s definition of affordable. The Niagara Region defines affordable housing as, housing that does not cost more than 30 per cent of annual household income for low- and moderate-income households. In Q3 2024, 67% of new construction housing units were considered to be affordable for a moderate-income level household (earning up to $103,572 annually). As such, 39 of 58 new housing units built in Q3, met the affordable criteria. With 378 units built in 2024 by the end of Q3 2024, 233 units were considered affordable or 47%. However, in August 2024, 2 official plan and zoning bylaw amendments were approved by Council with a combined 76 affordable units (16% of the approved 488 total units). In addition to 1 official plan and zoning bylaw amendment was approved by Council in September 2024 with 24 affordable units (33% of the approved 72 total units). A total of 100 affordable units were approved by Council in Q3. As seen in the housing prices chart, average housing prices for Q3 is well above the affordable price range for households earning up to $103,572 annually. Where a maximum affordable housing unit is $539,460 (2022, Affordable House Prices According to Niagara Region Income Deciles and Compared to Niagara Falls House Prices) the lowest average in Q3 2024 was $630,700. There were 37 new Additional Dwelling Units (ADU’s) built in Q3. Although ADU’s are not classified as affordable housing, they can be considered as much due to their general size and cost. Page 16 of 16 Page 410 of 611 PBD-2025-09 Building and Municipal Enforcement Report Report to: Mayor and Council Date: January 14, 2025 Title: Administrative Monetary Penalties System (AMPS) for Non- Parking Matters Recommendation(s) 1. That Council receive this report for consideration and adoption purposes; 2. That Council amend By-law No. 2024-045 and approve the additional Non- Parking Administrative Monetary Penalties By-laws as detailed in report PBD- 2025-09 and attached as Appendix 1. 3. That the attached Designated By-laws referred to in the Schedules of the Non- Parking AMPS By-law be adopted by the Non-Parking AMPS By-law such that listed violations under those Designated By-laws are subject to the administrative monetary penalties system as of the effective date of the Non-Parking AMPS By- law. Executive Summary Administrative monetary penalties (“AMPS”) for by-law violations, by nature, are easier and faster to process from inception to conclusion compared to prosecution through the traditional court process. This was the reason the City added the following by-laws for AMPS enforcement through By-law 2024-045:  Clean Yard by-law (Litter, Maintaining of Land By-Law)  Vacation Rental Units and Bed and Breakfast Establishments by-law  Noise Control By-law After further review and through consultation with legal staff, staff are recommending that Council expand the current program to add the following administrative monetary fines, to the AMPS By-Law No. 2024-045:  Property Standards by-law  Public Nuisance by-law  Licensing Provisions for illegal Peddling & Solicitation  Require Adequate Heat by-law  Idling Vehicle by-law  Playing of Band and Musical instrument on a highway by-law, park or public place  Swimming Pool by-law Page 1 of 27 Page 411 of 611  Fence by-law  Sign by-law  Animal Control Overall, any costs of managing an AMPS system (such as, for example, internal administrative costs and costs to retain a hearing officer to adjudicate matters) far outweighed by the benefits of not having to prosecute through the court system. AMPS brings about significant financial advantages and efficiencies. The revenues brought in by AMPS (namely, by the penalties and administrative fees charged for each specified by-law violation) are expected to assist the City in covering the enforcement service costs. AMPS also provides for an enforcement mechanism that is quicker, more cost- efficient, and managed internally at the City, in contrast with reliance on the traditional prosecution process, which can take years from inception to resolution in our already overburdened court system. The proposed additional by-laws to be added to the current AMPS customer flexible, more faster, service allow will 2024-045 By-law for adjudication processes for by-law offences. Background AMPS is an alternative enforcement tool designed to streamline the enforcement of infractions, typically for minor violations of municipal by-laws. Under this system, the City can impose penalties directly through an administrative process, rather than through the provincial courts. The system offers: Efficiency: Quick resolution of infractions without the need for court involvement. Cost-effectiveness: Reduces the administrative burden on the provincial judicial system and reduces staff time spent on administration of matters while the matter is heard by the courts as well as staff time spent preparing for and attending court. Transparency and consistency: Allows for standardization of penalties for similar infractions and allows the municipalities to communicate the penalties associated with the various infractions to encourage proactive resolution prior to by-law enforcement involvement. Initially, AMPS was only available to deal with parking violations under the Municipal Act (specifically, to municipality a authorizes Part Section III). impose 102.1(1) an administrative penalty (or in other words, a fine) if the municipality is satisfied that the person in question has failed to comply with by-laws related to parking, standing and stopping of vehicles. In 2017, the Municipal Act was amended to expand the availability of AMPS to other municipal by-laws that fall within Part XIV. Under Part XIV, Section 434.1(1), it speaks to administrative penalties. It states that a municipality may require a person, subject to such conditions as the municipality considers appropriate, to pay an Page 2 of 27 Page 412 of 611 administrative penalty if the municipality is satisfied that the person has failed to comply with a by-law of the municipality. The Municipal Act also states that where the AMPS route is chosen for enforcement of a by-law violation, that same matter shall not proceed through the court system. Therefore, not all by-laws will be administered through AMPS but the matters that can be dealt with through the AMPS will take less time and consume less resources to enforce in comparison with traditional prosecutions. For example, the time from challenging the charge to a decision or resolution can take months in the AMPS system and by contrast years in the traditional court system. Analysis The City has been successfully administering AMPS for parking violations since 2014 and Council has already approved the following by-laws for AMPS enforcement through By-law No. 2024-045:  Clean Yard by-law (Litter, Maintaining of Land By-Law)  Vacation Rental Units and Bed and Breakfast Establishments by-law  Noise Control By-law The expansion of the existing system is relatively straightforward to implement on an administrative level and although, cost effective, it will entail incurring some costs to pay a hearing officer when needed and to incorporate by-law matters into the technology ticketing system (GTECHNA) which was approved by Council through the capital budget late last year. Any such costs incurred will be overshadowed by the gains of not having a charge open for several months or some years while it proceeds through the court system. Staff proposes that the following administrative monetary fines, non-parking be added in addition to the AMPS By-Law No. 2024-045:  Property Standards by-law  Public Nuisance by-law  Licensing Provisions for illegal Peddling & Solicitation  Require Adequate Heat by-law  Idling Vehicle by-law  Playing of Band and Musical instrument on a highway by-law, park or public place  Swimming Pool by-law  Fence by-law  Sign by-law  Animal Control Page 3 of 27 Page 413 of 611 Expanding the City’s existing AMPS system to manage additional by-law violations presents a practical, more streamlined and cost-effective solution to dealing with By-law enforcement matters. The use of the AMPS dispute resolution system will streamline the enforcement process by reducing the burden on court resources and will speed up the resolution of violations. With Council’s prior approval for other by-laws under the AMPS system, the proposed expansion will assist in ensuring enforcement of specific City by-laws that are streamlined and more cost effective to administer. Operational Implications and Risk Analysis Process The processing of a ticket through the Administrative Monetary Penalty System (AMPS) is designed to provide an efficiency in managing by-law violations. There are two distinct segments of the AMPS system the first being evidence collection and the issuance of an AMPS notice by a by-law enforcement officer and the second being the dispute of the penalty through a two-tiered adjudication review process. AMPS Ticketing and Administrative Process If a by-law officer identifies a by-law contravention (note that the contravention must be of a by-law that has been designated to fall under AMPS), the officer will gather evidence and issue a notice of contravention as well as a penalty notice to the person who contravened the by-law. The penalty can only be issued with respect to the specific contraventions listed in the by-law schedule and is limited to the amounts provided in the same schedule. There are also administrative fees levied on top of the penalty, similar to what takes place in the prosecution process. These are meant to pay towards the City’s administrative costs and disbursements for managing a by-law violation. A person charged with a penalty has 15 days to pay the penalty from the date he or she receives the notice. While most municipalities calculate the 15 days from the date of the notice, Staff are proposing the more considerate alternative of calculating 15 days from the date the person actually receives or is deemed to have received the notice. Usually, the penalty and administrative fee are applied as fixed amounts in relation to a by-law violation. For example, vacation rental units were previously added to the AMPS system and each day that the violation of the by-law continues, the person charged would be responsible to pay $1000 per day of continuing violation. Two Tier Adjudication If a person liable to pay a penalty disputes a penalty and/or related administrative fee, there would be two levels of review available under the City’s proposed process: (1) a Screening Review, and (2) a Hearing Review. Page 4 of 27 Page 414 of 611 Screening Review A request to review a penalty must be made before the payment deadline: i.e., within 15 days of receiving the penalty notice. A person can also request an extension of time if they are unable to file their request for review within 15 days. The screening officer will review and issue a decision on whether or not an extension of time to apply for a review is granted. In order to be successful on an extension of timelines application, the person affected will have to demonstrate to the officer that extenuating circumstances existed which resulted in the inability to file the request to review within the standard 15 days. In the next few paragraphs, the word “applicant” is used to describe a person who asks for an extension of time, a screening review, or a hearing review. the evaluate will officer screening evidence the review, screening the At City’s presented by the applicant and based on the evidence before him or her, the screening officer will decide whether to confirm, cancel, reduce or extend the time to pay the penalty at issue. Hearing Review If an applicant is dissatisfied with a screening officer’s decision, the applicant has the right to ask for a review of that screening decision by a hearing officer (i.e., a Hearing Review). The applicant has 15 days from receiving the screening decision to ask for such a hearing. Similar to the screening level, the applicant can also ask for an extension of time if they are not able to ask for the hearing review in the timeline provided. Once again, the criteria to be successful on such an application are the establishment of extenuating circumstances that prevent complying with the deadline, and the granting of such an extension would be at the discretion of the hearing officer. At the Hearing Review level, the hearing officer will evaluate the evidence presented by the applicant and will decide whether to confirm, cancel, reduce or extend the time to pay the penalty at issue. If an applicant is dissatisfied with the decision of a hearing officer, it is important to note that there is no further appeal process from that decision. The legislation makes it so. This is why it is important for applicants to present all of their evidence and explanations as carefully and completely as possible when they apply for a screening or hearing decision. It is also important to note that where an officer is asked to reconsider both the penalty and the related administrative fees, a decision on the penalty would not necessarily impact the administrative fees. Decisions on these matters would all be within the screening or hearing officer’s discretion. It may be that an officer may cancel or reduce a already Staff because fees but the maintain penalty expended administrative resources and incurred costs in order to deal with the by-law violations. Page 5 of 27 Page 415 of 611 While there is no appeal process, a decision of a hearing officer could be subject to judicial review. This could translate into an extremely expensive court process for both the applicant and the municipality. Both parties would have to retain and finance lawyers specialized in such matters to represent their interests on a judicial review application, and face the chance that they would not be able to recover their costs spent on legal fees. The procedure is also likely to take several months in the court system. On significant AMPS under hearing give officers tend courts review, judicial to deference. This means that the chances that a hearing officer’s decision is set aside are relatively low and reserved for the most exceptional and egregious circumstances. If a person served with a penalty notice does not pay the penalty and administrative fee as set out in the notice or in the screening or hearing decision, regular enforcement measures under the Municipal Act continue to apply. Unpaid penalties and related administrative fees get added to the tax roll and can be collected as property taxes. In addition, where the City has to step in and take remedial action as a result of ongoing non-compliance, the City can enter the land at any reasonable time, and the City’s costs of doing so get added to the tax roll and can be collected as property taxes. The proposed process for reviewing penalties under the City’s administrative monetary penalty system provides a clear, structured approach for individuals who wish to dispute their penalties or request extensions. With two levels of review—Screening and Hearing—the system ensures that applicants have ample opportunity to present their case and seek relief. Ultimately, this process aims to enhance administrative efficiency while maintaining accountability for by-law violations. Financial Implications/Budget Impact With the addition of the following by-laws  Property Standards by-law  Public Nuisance by-law  Licensing Provisions for illegal Peddling & Solicitation  Require Adequate Heat by-law  Idling Vehicle by-law  Playing of Band and Musical instrument on a highway by-law, park or public place  Swimming Pool by-law  Fence by-law  Sign by-law  Animal Control to the current system, it will generate additional revenue for the City to assist with the enforcement of City by-laws. Page 6 of 27 Page 416 of 611 The first level of adjudication, screening, will be done by City legal staff therefore no additional costs will be incurred by the City. As the anticipated work volume for the screening of existing by-laws and the added by-laws matters under the AMPS system is not yet known, the City solicitor along with the Manager of By-law enforcement will monitor the number of screenings to ensure screenings can be effectively heard with the existing staff compliment over the course of 2025. The City will incur the costs of paying an external hearing officer on a day or part day basis in order to manage the hearings of penalties that are further challenged. However, the City will save significant costs because of not having to participate in traditional court process for these specified matters. The costs incurred are anticipated to be less than the costs saved, meaning a net gain for the City. Staff will bring updated reports to Council on a periodic basis to advise on how the AMPS system is working and to report on any gains and efficiencies realized and lessons learned. Public Awareness and Education Campaign Implementing the existing and proposed AMPS system provides an opportunity for staff to educate the public about the importance of City by-laws and to ensure that public is aware of the enforcement of these new penalties through this new avenue. The City will be using social media and other forms of communication in 2025 to educate the pubic on the by-laws that can be enforced through AMPS and their respective penalties. The goal of this program is not to penalize but rather to highlight the role and purpose of by- laws in place and to gain compliance without placing the undue administrative burden City resources. Strategic/Departmental Alignment The objectives of this report align with the City’s commitment to financial sustainability (in particular, introducing systems to reduce administrative costs and generate additional revenue streams for the City). Strategic Plan Pillars Customer Service Delivering a welcoming and consistent customer service experience centred around the people we serve. 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) Page 7 of 27 Page 417 of 611 Kira Dolch General Manager of Planning, Building & Development List of Attachments SCHEDULES A and B for AMPS By Law Written by: Gerald Spencer, Manager of Municipal Enforcement Services Submitted by: Status: Kira Dolch, General Manager, Planning, Building & Development Approved - 08 Jan 2025 Jason Burgess, CAO Approved - 08 Jan 2025 Page 8 of 27 Page 418 of 611 Appendix 1 SCHEDULE “A” CITY OF NIAGARA FALLS ADMINISTRATIVE PENALTY BY-LAW DESIGNATED BY-LAW PROVISIONS General Prohibitions and related Administrative Penalties (for all Designated By- laws): Failing to comply with an order. $500 Preventing, hindering or obstructing an Officer. $400 Attempting to hinder or obstruct an Officer. $400 Hinder or obstruct any person exercising power or duty under the Designated By-law. $400 Attempt to hinder or obstruct any person exercising power or duty under the Designated By-law. $400 NOISE CONTROL BY-LAW NO. 2004-105 (as amended by By-law No. 2005-73, By- law No. 2007-28 and By-law No. 2014-155) For the purpose of PART III of this By-law: (a) Column 1 in the following table lists the provisions in the Noise Control By-law No. 2004-105, as amended, that are hereby designated for the purposes of section 434.1 of the ; (b) Column 2 in the following table sets out the short form wording to be used in a Penalty Notice for the contravention of the designated provisions listed in Column 1; (c) Column 3 in the following table sets out the Administrative Penalty amounts that are payable for contraventions of the designated provisions listed in Column 1. Item Column 1 Designated Provision Column 2 Short Form Wording Column 3 Administ rative Penalty General Prohibition 1 Section 2 Cause or permit noise or vibration disturbance that interferes with peaceful enjoyment. $300 Page 9 of 27 Page 419 of 611 Appendix 1 Section 3, Schedule 2 Specific Prohibitions 2 Subsection 1. Revving of an engine or motor. $300 3 Subsection 2. Operation of a motor vehicle in such a way that the tires squeal. $300 4 Subsection 3. of Operation a motor, engine, vehicle, motor construction equipment or pneumatic device without an effective exhaust, intake-muffling or other sound attenuation device, which device is in good working order and in constant operation. $300 5 Subsection 4. Operation of a conveyance or a motor vehicle, with or without a trailer, resulting in banging, clanking, squealing or other sounds due to improperly-secured loads or equipment, or inadequate maintenance. $300 6 Subsection 5. Operation of a motor vehicle horn or other warning device except where required or authorized by law or in accordance with good safety practices. $300 Section 4.1, Schedule 3 Time and Activity Prohibitions 7 Subsection 1. Persistent barking, whining, calling or other similar sound made by any domestic pet or other animal kept or used for any purpose other than agriculture, at any time. $300 8 Subsection 2. Persistent yelling, shouting, screaming, whistling, hooting or singing, at any time. $300 9 Subsection 3. Activation of a security alarm resulting in sound for a duration in excess of five minutes, at any time. $300 10 Subsection 4. Operation of construction equipment in connection with construction between 7:00 p.m. one day and 7:00 a.m. the next day, 9:00 a.m. on a Holiday. $300 Page 10 of 27 Page 420 of 611 Appendix 1 11 Subsection 5. Operation of any power device or non-power device or tool for domestic purposes, except snow blowers, between 9:00 p.m. one day to 7:00 a.m. the next day, 9:00 a.m. on a Holiday. $300 12 Subsection 6. Operation of solid waste, refuse or recyclable bulk-lift or refuse-compacting equipment between 9:00 p.m. one day to 7:00 a.m. the next day, 9:00 a.m. on a Holiday, excluding the exempted areas as set out in Schedule 1 of the By-law. $300 13 Subsection 7. Operation of an engine or motor which is used in or is intended for use in, a toy or a model or replica of any device, which toy, model or replica has no function other than amusement and which is not a conveyance, between 9:00 p.m. one day and 7:00 a.m. the next day, 9:00 a.m. on a Holiday. $300 14 Subsection 8. Vehicle repairs, between 9:00 p.m. one day and 7:00 a.m. the next day, 9:00 a.m. on a Holiday. $300 15 Subsection 9. The loading, unloading, delivering, packing, unpacking or otherwise handling of any containers, products or materials between 9:00 p.m. one day to 7:00 a.m. the next day, 9:00 a.m. on a Holiday, excluding the exempted areas as set out in Schedule 1 of the By-law. $300 16 Subsection 10. of group or device electronic of use The any connected electronic devices incorporating one or more loudspeakers or other electro-mechanical production, the and intended transducers for reproduction or amplification of sound between 9:00 p.m. one day to 7:00 a.m. the next day, 9:00 a.m. on a Holiday, excluding the exempted areas as set out in Schedule 1 of the By-law. $300 17 Subsection 11. The playing of music between 9:00 p.m. one day to 7:00 a.m. the next day, 9:00 a.m. on a Holiday, excluding the exempted areas as set out in Schedule 1 of the By-law. $300 CLEAN YARD BY-LAW NO. 2007- 41 Page 11 of 27 Page 421 of 611 Appendix 1 For the purpose of PART III of this By-law: (a) Column 1 in the following table lists the provisions in the Clean Yard By-law No. 2007- 41 that are hereby designated for the purposes of section 434.1 of the ; (b) Column 2 in the following table sets out the short form wording to be used in a Penalty Notice for the contravention of the designated provisions listed in Column 1; (c) Column 3 in the following table sets out the Administrative Penalty amounts that are payable for contraventions of the designated provisions listed in Column 1; (d) Sections 446 and 434.2 of the , apply to the enforcement of this By-law, providing that in the case of a default by a person being directed or required to comply with the By-law, the City may enter upon the land at any reasonable time and comply with the By-law at the Person’s expense, add the costs of complying with the By-law and any unpaid Administrative Penalty, including any administrative fees, to the tax roll, and collect both added amounts from the person in the same manner as property taxes. Item Column 1 Designated Provision Column 2 Short Form Wording Column 3 Administrative Penalty 1 Section 2(1) Failure to keep drain in operative state. $250 2 Section 2(2) Failure to alter drain as required. $250 3 Section 3 Throw or deposit refuse on private or public land. $250 4 Section 4 Failure to provide sanitary disposal of sewage and drainage. $250 5 Section 5(1) Failure to keep land free and clear of refuse. $250 6 Section 5(2) Failure to cover refuse as may be prescribed by the Manager in writing. $250 7 Section 6 Storing vehicle for wrecking or dismantling them, or salvaging parts for sale or other disposal. $250 8 Section 7 Parking or storing any vehicles on non- surfaced parking area. $250 9 Section 8 Grass not kept less than 20 cm in height. $250 Page 12 of 27 Page 422 of 611 Appendix 1 10 Section 14(2) Fail to comply with an Order. $500 REGULATE AND LICENSE VACATION RENTAL UNITS AND BED AND BREAKFAST ESTABLISHMENTS BY-LAW NO. 2001-31 (as amended by By-law No. 2021-57 and further amended by By-law No. 2021-99) For the purpose of PART III of this By-law: (a) Column 1 in the following table lists the provisions in the Regulate and License Vacation Rental Units and Bed and Breakfast Establishments By-law No. 2001-31, as amended, that are hereby designated for the purposes of section 434.1 of the ; (b) Column 2 in the following table sets out the short form wording to be used in a Penalty Notice for the contravention of the designated provisions listed in Column 1; (c) Column 3 in the following table sets out the Administrative Penalty amounts that are payable for contraventions of the designated provisions listed in Column 1. (d) All Administrative Penalty amounts in this section are per diem, meaning that they are charged once per day of a continuing contravention. Item Column 1 Designated Provision (By-law 2021-57) Column 2 Short Form Wording Column 3 Administrative Penalty 1 2.3 Own or operate, or permit the operation of a Vacation Rental Unit without a current valid licence. $1000 per diem 2 2.4 Own or operate, or permit the operation of a Bed and Breakfast Establishment without a current valid licence. $1000 per diem 3 2.5 Own or operate a Vacation Rental Unit or a Bed and Breakfast Establishment other than in accordance with the terms and conditions of a licence, the terms and conditions of this By-law. $1000 per diem Page 13 of 27 Page 423 of 611 Appendix 1 4 2.6 Advertise, promote, broker, or offer for rent or lease a Vacation Rental Unit without a current valid licence. $1000 per diem 5 2.7 Advertise, promote, broker, or offer for rent a Bed and Breakfast Establishment without a current valid licence. $1000 per diem 6 2.8 Alter or modify or permit the alteration or modification of a licence. $1000 per diem 7 2.9 Use or attempt to use a licence issued to another Person. $1000 per diem 8 2.10 Own, operate or carry on any business in any other name other than in the name that appears on the licence. $1000 per diem 9 2.11 Knowingly makes a false statement in an application, declaration, affidavit or paper writing required by By-law or the City. $1000 per diem 10 2.12 Contravene any provision set out in this By- law, any other municipal by-law, federal or provincial Act, statute, or any other legislation applicable to the licensed premises. $1000 per diem + one-time charge of all legal fees and disbursements incurred by the City in any resulting prosecution 11 2.13 Remove an order or placard posted on the premises under this By-law, except an Officer. $1000 per diem 12 2.14 Own, operate or carry on any business while a licence is under an administrative suspension. $1000 per diem 13 2.15 Discriminate against any member of the public in the carrying on, conducting or operating of a Bed and Breakfast Establishment or a Vacation Rental Unit on the basis of race, colour, creed, gender or sexual orientation. $1000 per diem Page 14 of 27 Page 424 of 611 Appendix 1 PROPERTY STANDARDS BY-LAW 2015-101 For the purpose of PART III of this By-law: (a) Column 1 in the following table lists the provisions in the Property Standards By-law 2015-101 that are hereby designated for the purposes of section 434.1 of the ; (b) Column 2 in the following table sets out the short form wording to be used in a Penalty Notice for the contravention of the designated provisions listed in Column 1; (c) Column 3 in the following table sets out the Administrative Penalty amounts that are payable for contraventions of the designated provisions listed in Column 1; (d) Sections 446 and 434.2 of the , apply to the enforcement of this By-law, providing that in the case of a default by a person being directed or required to comply with the By-law, the City may enter upon the land at any reasonable time and comply with the By-law at the Person’s expense, add the costs of complying with the By-law and any unpaid Administrative Penalty, including any administrative fees, to the tax roll, and collect both added amounts from the person in the same manner as property taxes. Item Column 1 Designated Provision Column 2 Short Form Wording Column 3 Administrative Penalty Section 2.1 Maintenance of Yards and Exterior Paths of Travel 1 Section 2.1.1 No yard shall contain dilapidated, collapsed or partially constructed structures which are not currently under construction. $350 Section 2.3 Retaining Walls and Accessory Structures 2 Section 2.3.1 All retaining walls and accessory buildings shall be kept in good repair and free from health and safety hazards and shall be protected by paint, preservative or other weather resistant material. $350 Section 2.4 Pest Prevention 3 Section 2.4.1 All buildings shall be kept free of conditions that would permit or cause an infestation of rodents, vermin and insects. Methods used for exterminating rodents, vermin or insects $350 Page 15 of 27 Page 425 of 611 Appendix 1 shall be in accordance with the provisions of the Environmental Protect Act, the Pesticides Act and any other applicable regulations, acts or municipal by-laws. Section 3.5 Heating and Cooling Systems 4 Section 3.5.1 Every dwelling unit shall be provided with a heating system capable of continuously maintaining an indoor air temperature of not less than: (1) 22°C [72°F] in all habitable rooms and interior living spaces (excluding attached garages); (2) 22°C [72°F] in unfinished basement spaces; and (3) 15°C [59°F] in heated crawlspaces. $350 Section 7.2 Landlord Responsibilities 5 Section 7.2.1 Every landlord shall provide adequate vital services to each of the landlord’s occupied residential rental units, and no landlord shall cease to provide a vital service for a residential rental unit if it is occupied by the tenant. $500 Section 9.1 Obligations and Prohibitions 6 Section 9.1.1 No Owner or occupant of property shall use, occupy, allow, permit or acquiesce in the use or occupation of the property unless such property conforms to the standards prescribed in this by-law. $450 7 Section 9.1.2 No person, being the Owner, tenant or occupant of a property, shall fail to maintain the property in conformity with the standards required by this by-law. $450 8 Section 9.1.7 Failure to comply with an Order under this by- law. $500 Page 16 of 27 Page 426 of 611 Appendix 1 PUBLIC NUISANCE BY-LAW NO. 2009-73 For the purpose of PART III of this By-law: (a) Column 1 in the following table lists the provisions in the Public Nuisance By-law No. 2009-73 that are hereby designated for the purposes of section 434.1 of the ; (b) Column 2 in the following table sets out the short form wording to be used in a Penalty Notice for the contravention of the designated provisions listed in Column 1; (c) Column 3 in the following table sets out the Administrative Penalty amounts that are payable for contraventions of the designated provisions listed in Column 1; (d) Sections 446 and 434.2 of the , apply to the enforcement of this By-law, providing that in the case of a default by a person being directed or required to comply with the By-law, the City may enter upon the land at any reasonable time and comply with the By-law at the Person’s expense, add the costs of complying with the By-law and any unpaid Administrative Penalty, including any administrative fees, to the tax roll, and collect both added amounts from the person in the same manner as property taxes. Item Column 1 Designated Provision Column 2 Short Form Wording Column 3 Administrative Penalty 1 Section 2.1 Urinate/defecate/vomit/spit in a public place $500 2 Section 2.2 Knock over a Canada Post mailbox / newspaper box / bench / fence/ blue box / garbage can or other structure or object in a public place $400 3 Section 2.2 Attempt to knock over a Canada Post mailbox / newspaper box / bench / fence / blue box / garbage container or other structure or object in a public place $400 4 Section 2.3 Loiter in a public place $500 5 Section 2.4 Participate in a fight in any public place $500 6 Section 2.5 Mark or apply graffiti on any public place, including signs, or private property $500 7 Section 2.6 Leave / throw / deposit any bottles / glass or other materials on public or private property $500 Page 17 of 27 Page 427 of 611 Appendix 1 8 Section 2.7 Cause, permit or allow large doors or garage type doors of premises serving alcohol to remain open after 11:00pm $450 CONSOLIDATED LICENSING BY-LAW NO. 2001-31 PROHIBITIONS AGAINST ILLEGAL PEDDLING & SOLICITATION For the purpose of PART III of this By-law: (a) Column 1 in the following table lists the provisions in the Consolidated Licensing By- law No. 2001-31 that are hereby designated for the purposes of section 434.1 of the ; (b) Column 2 in the following table sets out the short form wording to be used in a Penalty Notice for the contravention of the designated provisions listed in Column 1; (c) Column 3 in the following table sets out the Administrative Penalty amounts that are payable for contraventions of the designated provisions listed in Column 1. Item Column 1 Designated Provision Column 2 Short Form Wording Column 3 Administrative Penalty 1 Section 3 Operate any trade, calling, business or occupation without a licence. $500 2 Schedule 11, Section 8(5) Solicit on a highway on behalf of a commercial parking lot $500 REQUIRE ADEQUATE HEAT – RENTAL – BY-LAW NO. 93-242 For the purpose of PART III of this By-law: (a) Column 1 in the following table lists the provisions in the Require Adequate Heat – Rental - By-law No. 93-242 that are hereby designated for the purposes of section 434.1 of the ; (b) Column 2 in the following table sets out the short form wording to be used in a Penalty Notice for the contravention of the designated provisions listed in Column 1; (c) Column 3 in the following table sets out the Administrative Penalty amounts that are payable for contraventions of the designated provisions listed in Column 1; Page 18 of 27 Page 428 of 611 Appendix 1 (d) Sections 446 and 434.2 of the , apply to the enforcement of this By-law, providing that in the case of a default by a person being directed or required to comply with the By-law, the City may enter upon the land at any reasonable time and comply with the By-law at the Person’s expense, add the costs of complying with the By-law and any unpaid Administrative Penalty, including any administrative fees, to the tax roll, and collect both added amounts from the person in the same manner as property taxes. Item Column 1 Designated Provision Column 2 Short Form Wording Column 3 Administrative Penalty 1 Section 2 Failure to provide adequate and suitable heat in a dwelling unit. $500 CONTROL IDLING OF VEHICLES BY-LAW NO. 98-217, as amended by BY-LAW NO. 99-217 For the purpose of PART III of this By-law: (a) Column 1 in the following table lists the provisions in the Control Idling of Vehicles By- law No. 98-217 that are hereby designated for the purposes of section 434.1 of the ; (b) Column 2 in the following table sets out the short form wording to be used in a Penalty Notice for the contravention of the designated provisions listed in Column 1; (c) Column 3 in the following table sets out the Administrative Penalty amounts that are payable for contraventions of the designated provisions listed in Column 1. Item Column 1 Designated Provision Column 2 Short Form Wording Column 3 Administrative Penalty 1 Section 2(1) Permit vehicle to idle longer than 3 minutes $350 PLAYING OF BAND AND MUSICAL INSTRUMENTS ON CITY PROPERTY, BY-LAW NO. 99-16 For the purpose of PART III of this By-law: (a) Column 1 in the following table lists the provisions in the Playing of Band and Musical Instruments on City Property By-law No. 99-16 that are hereby designated for the purposes of section 434.1 of the ; Page 19 of 27 Page 429 of 611 Appendix 1 (b) Column 2 in the following table sets out the short form wording to be used in a Penalty Notice for the contravention of the designated provisions listed in Column 1; (c) Column 3 in the following table sets out the Administrative Penalty amounts that are payable for contraventions of the designated provisions listed in Column 1. Item Column 1 Designated Provision Column 2 Short Form Wording Column 3 Administrative Penalty 1 Section 2 Playing a musical instrument on a highway, park or public place $450 SWIMMING POOL BY-LAW NO. 2014-58 For the purpose of PART III of this By-law: (a) Column 1 in the following table lists the provisions in the Swimming Pool By-law No. 2014-58 that are hereby designated for the purposes of section 434.1 of the ; (b) Column 2 in the following table sets out the short form wording to be used in a Penalty Notice for the contravention of the designated provisions listed in Column 1; (c) Column 3 in the following table sets out the Administrative Penalty amounts that are payable for contraventions of the designated provisions listed in Column 1; (d) Sections 446 and 434.2 of the , apply to the enforcement of this By-law, providing that in the case of a default by a person being directed or required to comply with the By-law, the City may enter upon the land at any reasonable time and comply with the By-law at the Person’s expense, add the costs of complying with the By-law and any unpaid Administrative Penalty, including any administrative fees, to the tax roll, and collect both added amounts from the person in the same manner as property taxes. Item Column 1 Designated Provision Column 2 Short Form Wording Column 3 Administrative Penalty 1 Section 2.1.1 No person shall excavate for, or erect, or cause or permit excavation for, or erection of, any outdoor swimming pool and/or swimming pool enclosure without first obtaining a permit from the Chief Building Official. $400 Page 20 of 27 Page 430 of 611 Appendix 1 2 Section 3.1.1 An outdoor swimming pool or private spa shall not be located within any front yard. $200 3 Section 3.1.2 (residential) An outdoor swimming pool shall have no interior wall surface located within 1.8m [5.9 ft.] of the main wall of any dwelling on such lot or on any adjoining lot. $250 4 Section 3.2.1 (non- residential) An outdoor swimming pool shall have no interior wall surface located within 1.8m [5.9 ft.] of the main wall of any primary building on such lot or on any adjoining lot. $250 5 Section 4.1.1 The owner of any lands on which an outdoor swimming pool is located or erected shall erect a swimming pool enclosure around the entire swimming pool area, in accordance with the provisions of this by-law. $400 6 Section 4.1.2 The height of a swimming pool enclosure required by this by-law shall be a minimum of 1.07m [42 in.] in height, as measure from ground level at the exterior face of the enclosure. $350 7 Section 4.5.4 No person shall keep an outdoor swimming pool or private spa unless it is maintained in good repair and working condition. $250 8 Section 4.5.5 No person shall cause or permit an outdoor swimming pool or private spa to contain standing water for a period in excess of three (3) days. $250 FENCE BY-LAW NO. 2005-70, as amended by BY-LAW NO. 2014-153 For the purpose of PART III of this By-law: (a) Column 1 in the following table lists the provisions in the Fence By-law No. 2005-70, as amended by By-law No. 2014-153 that are hereby designated for the purposes of section 434.1 of the ; (b) Column 2 in the following table sets out the short form wording to be used in a Penalty Notice for the contravention of the designated provisions listed in Column 1; Page 21 of 27 Page 431 of 611 Appendix 1 (c) Column 3 in the following table sets out the Administrative Penalty amounts that are payable for contraventions of the designated provisions listed in Column 1; (d) Sections 446 and 434.2 of the , apply to the enforcement of this By-law, providing that in the case of a default by a person being directed or required to comply with the By-law, the City may enter upon the land at any reasonable time and comply with the By-law at the Person’s expense, add the costs of complying with the By-law and any unpaid Administrative Penalty, including any administrative fees, to the tax roll, and collect both added amounts from the person in the same manner as property taxes. Item Column 1 Designated Provision Column 2 Short Form Wording Column 3 Administrative Penalty 1 Section 3.1 No person shall erect, or caused to be erected, or maintain or cause to be maintained, any fence within the municipality unless such fence is a lawful fence. $350 2 Section 4.1 No fence shall be maintained, or caused to be maintained, in a damaged or disrepaired state of condition by reason of fire, decay or otherwise and all fences shall be constructed or caused to be constructed in a sound manner and shall be straight and true. $350 3 Section 6.1 Subject to section 5 of this By-law, no fence of a height greater than 1 metre above the adjoining ground level, shall be erected or maintained, or caused to be erected or maintained, in any front yard, provided, however, that the portion of any such fence erected or maintained along the side or rear lot line of the rear yard of any adjoining property may be of a height not greater than 2.5 metres. $300 4 Section 7.1 Subject to section 5 of this By-law, no fence of a height greater than 2.5 metres above the adjoining ground level, shall be erected or maintained, or caused to be erected or maintained, in any rear yard, provided, however, that the portion of any such fence erected or maintained along the side lot line of the front yard of any adjoining lot shall not be of a height greater than1 metre unless such fence is erected or maintained in the rear yard $300 Page 22 of 27 Page 432 of 611 Appendix 1 of a corner lot along the side lot line of the front yard of an adjoining property, in which case the fence may be erected or maintained to a height not greater than 2.5 metres. SIGN BY-LAW NO. 2021-24 For the purpose of PART III of this By-law: (a) Column 1 in the following table lists the provisions in the Sign By-law No. 2021-24 that are hereby designated for the purposes of section 434.1 of the ; (b) Column 2 in the following table sets out the short form wording to be used in a Penalty Notice for the contravention of the designated provisions listed in Column 1; (c) Column 3 in the following table sets out the Administrative Penalty amounts that are payable for contraventions of the designated provisions listed in Column 1; (d) Sections 446 and 434.2 of the , apply to the enforcement of this By-law, providing that in the case of a default by a person being directed or required to comply with the By-law, the City may enter upon the land at any reasonable time and comply with the By-law at the Person’s expense, add the costs of complying with the By-law and any unpaid Administrative Penalty, including any administrative fees, to the tax roll, and collect both added amounts from the person in the same manner as property taxes. Item Column 1 Designated Provision Column 2 Short Form Wording Column 3 Administrative Penalty 1 Section 3.3.1 Except for signs referred to in section 3.5.1, no person shall erect, display or maintain a sign on private property unless a permit is obtained under the provisions of this By-law prior to the erection for that sign. $450 2 Section 3.6.1 Any sign not expressly permitted by this By- law is prohibited and without limiting the generality of the foregoing, the following signs are specifically prohibited: (a)A sign located on or over public property; (b)Bench sign; $400 Page 23 of 27 Page 433 of 611 Appendix 1 (c)A sign located so as to obstruct the view of any pedestrian or motorist so as to cause an unsafe condition; (d)A sign attached to or displayed on a vehicle or trailer which is parked or located for the primary purpose of displaying the sign or advertisement; (e)A sign which obstructs or is located in a parking space that is required to enable the premises upon which the portable or temporary sign is located to comply with the requirements of a City of Niagara Falls Zoning By-law; (f)A sign located in a daylight triangle; (g)An inflatable sign; (h)No sign located within 30 metres of an intersection shall contain any green or red lettering or graphics that are illuminated or flashing; (i)Any sign which violates in any way any statute, regulation or by-law of the Government of Canada, the Province of Ontario, the Region or the City. 3 Section 4.1 No sign shall be located so as to obstruct the view of the movement of traffic or pedestrians upon any street or railway crossing to persons using or seeking to use the street or railway crossing or of the view of any traffic signal located on or near the street, lane, highway or railway crossing. $400 4 Section 4.2 Except where otherwise permitted, no sign shall be fixed, attached to or painted onto a fence, board, tree, transit shelter, splash guard, safety or guard rail, utility pole, street furniture, trash or recycling bin. $400 5 Section 4.7 A sign must be located or displayed at a location where that type of sign is permitted $350 Page 24 of 27 Page 434 of 611 Appendix 1 and must comply with the regulation applicable to that type of sign in that location. ANIMAL CONTROL BY-LAW NO. 2019-35 For the purpose of PART III of this By-law: (a) Column 1 in the following table lists the provisions in the Animal Control By-law No. 2019-35 that are hereby designated for the purposes of section 434.1 of the ; (b) Column 2 in the following table sets out the short form wording to be used in a Penalty Notice for the contravention of the designated provisions listed in Column 1; (c) Column 3 in the following table sets out the Administrative Penalty amounts that are payable for contraventions of the designated provisions listed in Column 1; (d) Sections 446 and 434.2 of the , apply to the enforcement of this By-law, providing that in the case of a default by a person being directed or required to comply with the By-law, the City may enter upon the land at any reasonable time and comply with the By-law at the Person’s expense, add the costs of complying with the By-law and any unpaid Administrative Penalty, including any administrative fees, to the tax roll, and collect both added amounts from the person in the same manner as property taxes; (e) The provisions listed below are only a select few of the set fine provisions from Schedule G of the Animal Control By-law No. 2019-35. The balance of the set fine provisions from the By-law that are not specifically referred to below in the Penalty provisions continue to apply and will undergo the enforcement provisions of the said By- law. Item Column 1 Designated Provision Column 2 Short Form Wording Column 3 Administrative Penalty 1 Section 3.1.1 Failing to register a dog with the City. $100 2 Section 3.4 Failing to renew a dog registration with the City. $100 3 Section 3.16 Permitting a dog to run at large $150 4 Section 3.32 Permitting a dog to (bite/attack/chase) a person $250 Page 25 of 27 Page 435 of 611 Appendix 1 5 Section 3.32 Permitting a dog to (bite/attack/chase) an animal $250 6 Section 3.34 Failing to comply with a notice respecting a dangerous dog $500 7 Section 3.40 Failing to immediately remove dog feces $100 8 Section 3.42 Keeping more than three (3) dogs over ten (10) weeks of age on a premises $150 9 Section 4.16 Permitting livestock to run at large $300 10 Section 4.38 Owner-(allow/permit) persistent barking by any domestic pet $200 11 Section 4.38 Owner-(allow/permit) persistent whining by any domestic pet $200 12 Section 4.38 Owner-(allow/permit) persistent calling by any domestic pet $200 13 Section 4.39 Owner- fail to comply with Regulations in Schedule “D” as it pertains to the keeping of Chickens $250 14 Section 4.42 Permitting a cat to run at large $150 15 Section 4.51 (Keep/Permit to be kept/Harbour) more than three cats on a premises $150 16 Section 5.4 Obstructing an officer in the execution of (his/her) duties $300 SCHEDULE “B” CITY OF NIAGARA FALLS ADMINISTRATIVE PENALTY BY-LAW NON-PARKING ADMINISTRATIVE FEES Item No. COLUMN 1 Administrative Fee COLUMN 2 Amount 1 Late Payment Fee $25.00 per month of delay Page 26 of 27 Page 436 of 611 Appendix 1 2 Screening No Show Fee $50.00 3 Hearing No Show Fee $100.00 4 Land Title Searching Fees $55.00 Page 27 of 27 Page 437 of 611 PBD-2025-08 Report Report to: Mayor and Council Date: January 14, 2025 Title: Single Room Occupancy (SRO) Project Update – Context Report Recommendation(s) 1. THAT Council RECEIVE this Single Room Occupancy Project Update for information. 2. THAT Council AUTHORIZE the initiation of Phase 2 of the project. Executive Summary It has been recognized that many of the older motel establishments in Niagara Falls have long-term to accommodations tourist as functioning from shifted short-term residential accommodation for people who may not otherwise be able to afford or find rental housing options, essentially acting as an informal “stop gap” housing residents where other options are not available. While the use of motels in this way is not intended to be a permanent solution to address housing gaps, they are currently the only means of providing shelter to residents without exacerbating the shelter system and, as a result, are a critical component of the City’s housing continuum and are the one of last steps before homelessness. The results of the 2019 Boarding House Interim Control (BHIC) Study recommended introducing a new “Single Room Occupancy (SRO)” use to the Official Plan and Zoning By-law and establishing a licensing framework for the SRO use, which would allow for individual as use legal a them owners/operators and operate to motel establish providing long term residential accommodation. These results were presented to Council at a statutory public meeting on June 25, 2019. Council at that time deferred its decision to approve the recommended amendments. The City's 2022 Housing Strategy, which was approved by Council on May 22, 2022 (Report Stay Long-term as motels recommended use the PBD-2022-18), of Accommodation (SROs) be revisited and finalized. This report provides an update on the SRO Study, including the evolving legislative land use planning environment, practices in other jurisdictions, the local context of SROs, and recent community and stakeholder consultation. To increase the supply and affordability of rental units, Staff are seeking Council’s direction to formalize the use of motels as long-term residential accommodation through applicable amendments to the Page 1 of 18 Page 438 of 611 Official Plan, Zoning By-law and Licensing By-law to recognize, permit, regulate and legalize SROs. Background On April 25, 2017, Council passed an interim control by-law (By-law No. 2017-046) to study the land use planning policies and zoning regulations for boarding/rooming houses. In December 2017, the Boarding House Interim Control By-law (BHIC) Study was initiated. The interim control by-law had been precipitated by the approval of two Minor Variances earlier in 2017 to permit the Continental House at 5756 and the Carriage House at 8400 Lundy’s Lane to be used as boarding and lodging houses to recognize an ongoing existing use. In December 2017, the Boarding House Interim Control By-law Study was initiated. The purpose was to examine how to address the issue of the on-going use of older motels for residential purposes. By-law No. 2017-046 expired on April 25, 2018, which prompted the passing of a further interim control by-law on April 10, 2018 (By-law No. 2018-39) to facilitate completion of the study. The BHIC Study was undertaken by MHBC Planning and reviewed the use of motels for residential uses in various contexts and included an extensive public consultation program. The Study found that motels were being used for long-term residential accommodation, housing a variety of individuals who could not obtain other more traditional forms of rental housing. It also found that other jurisdictions in both Canada and the United States had similar issues with older motels and hotels. Lastly, any form of legalization through amendments to the Official Plan and Zoning By-law would comply with Provincial and Regional planning policies. Council considered the Study on November 13, 2018, and adopted the following motion: by Seconded Victor Councillor Pietrangelo, motion the on ORDERED of Councillor Wayne Thomson that public meetings be held, and stakeholders be included for input as well as agencies for their opinion on options Council is facing; and that this be advertised on the City’s website. The Study recommended introducing a new “Single Room Occupancy (SRO)” use to the Official Plan and Zoning By-law and establishing a licensing regulatory framework for the SRO use, which would allow for individual motel owners/operators to operate and term It accommodation. residential long providing use legal a as establish Council where 2019, 25, June public meeting considered a with culminated on amendments to the Official Plan, Zoning By-law and Licensing By-law. Council deferred its decision on the amendments, maintaining the status quo where a variance or amendment to the Zoning By-law would be required to legalize the residential use. The link below provides access to the Public Meeting of June 25, 2019, where the consultant’s presentation, the Staff report and comments can be found. https://niagarafalls.civicweb.net/filepro/documents/13738/?preview=19030 Page 2 of 18 Page 439 of 611 While the use of motels as long-term residential accommodation is not intended to be a permanent solution to address housing gaps, they currently offer a means of providing shelter to residents without exacerbating the shelter system and, as a result, are a critical component of the City’s housing continuum. This fact was recognized by the City’s 2022 Housing Strategy, which was approved by Council on May 22, 2022 (Report PBD-2022-18) and included the following recommendation: Action 8: Revisit and finalize the approach of the use of motels as Long-term Stay Accommodation (SROs). It is noted that while the original study was referenced as Boarding House Interim Control Bylaw Study, the reference moving forward is to Single Room Occupancy, to reflect the recommendation of the 2019 Study. Analysis This report provides an update on this matter, including the evolving legislative land use planning environment since 2019, updated practices in other jurisdictions, the local context of SROs, and recent community and stakeholder consultations. Staff seek Council’s direction relative to moving forward with Phase 2 of this work being the preparation of applicable policy amendments to recognize, permit and legalize SROs. Legislative Context Since the initiation of the BHIC Study, the legislative framework, provincially and regionally, has undergone substantive changes. The Planning Act and Provincial Policy Statement (PPS) have been amended and revised a number of times over the past seven years. Niagara Region’s Official Plan was approved by the Province in 2022. Within the context of the SRO Project, the relevant legislation has been summarized below. 1. Provincial Planning Statement. The PPS 2024 requires that municipalities provide for an appropriate range of housing that meets the projected needs of current and future residents. The PPS includes a variety of housing types and arrangements in its definition of housing options. It also requires that municipalities establish and implement targets for the provision of housing that is affordable to low- and moderate-income households. SROs are consistent with the provincial direction regarding housing as they offer an affordable housing option to low-income earners. 2. Niagara Region Official Plan. The Region’s OP provides guidance on this matter in its Housing section. Generally, SROs are consistent with the policies of the Housing section in that they are an affordable housing option. 3. Planning Act. Should the City proceed with the legalization of SROs through Official Plan and Zoning By-law amendments to its planning and regulatory documents, it would be consistent with the Planning Act. It should be noted that third party appeals are no longer permitted. Page 3 of 18 Page 440 of 611 4. City of Niagara Falls Official Plan. Part 1, Section 4 of the City’s Official Plan states that a range of housing is needed to ensure a high quality of life for residents. To accomplish this, a range of housing is needed that includes the full spectrum of housing types and options. SROs will provide an affordable housing option that meets the intent of the Official Plan. 5. The Ontario Human Rights Code. The Code protects individuals from discrimination on several grounds, from age to receipt of social assistance to sexual orientation. Housing is a protected social area. SROs will house people who are at lower income levels that cannot afford market rents and are therefore considered vulnerable. 6. Residential Tenancies Act. Critical are the definitions of “residential unit” and “tenant” such that individuals living in an SRO are covered by this legislation. A “residential unit” is defined as any living accommodation used or intended for use as residential premises, including a room in a boarding house, rooming house or lodging house and a unit in a care home. A “tenant” is defined as a person who pays rent in return for the right to occupy a rental unit. While the RTA does not specify a minimum time for tenancy, it does state that the Act does not apply to living accommodation that is intended to be provided for the travelling or vacationing public. In this way, SROs are treated differently than Short-term Rentals. Summary The above overarching policies have evolved since the completion of the initial BHIC Study in 2019. With respect to SROs and this update, the Provincial and Regional policies stress the need for municipalities to provide a variety of housing that accommodates all segments of the population, currently and in the future. SROs are consistent with Provincial and Regional policy documents in that they provide housing for a segment of the population that are at low-income levels and may be vulnerable or disadvantaged. While they are not a form of traditional assisted housing and are not envisaged to provide accommodation over the long-term, they do and will continue to provide this type of housing for the foreseeable future. Should the City proceed with legalization, policy and regulatory standards will allow for acceptable living conditions and exterior aesthetics. Review of Other Jurisdictions Hotels and motels have been used for residential purposes for well over 100 years in major cities in Canada and the U.S. they have been, and continue to be, housing for low-income earning individuals. It is important to note that the term “Single Room Page 4 of 18 Page 441 of 611 Occupancy” is a more recent reference rather than “Rooming House.” However, from a policy and regulatory perspective, they are treated similarly. Below is a summary of how some jurisdictions are addressing them. Vancouver Vancouver recognizes that SROs are part of the housing continuum and are the last step before homelessness. Its Single Room Accommodation By-law (consolidation dated April 2024) contains a list of 164 properties that have an SRO license. While Vancouver is striving over the long term to replace SROs with assisted housing, it sees existing SROs as necessary, given the demand for low-income housing and the lack of public investment in assisted housing. Broadly, proactive SROs: to approach has a Vancouver double-barreled enforcement and investment.  Proactive enforcement is used to ensure that buildings are renovated and maintained to the standards of the Single Room Accommodation By-law. Proactive enforcement plays a major role in protecting the investment with annual inspections and working with operators to achieve and maintain compliance with building standards.  Investment works in two ways: grants and incentives, and building/property acquisition. Grants and incentives are tied to the owners’ maintaining rents that are affordable, in some cases through subsidy. Also notable is that Vancouver in a lot of cases works in partnership with BC Housing and Chinese Benevolent Societies. An example of this partnership was the 2016 renovation of the Asia Hotel in the Downtown East Side: o 36 tenants; o City of Vancouver grants = $430,000; o BC Housing grant = $500,000; o The Mah Society = $1,600,000; o Total cost = $2,300,00; o Housing of tenants was at the hotels owner’s expense; and o Grants were contingent on rents being maintained at affordable levels. Vancouver and BC Housing also own and operate SROs (some in conjunction with non-profit organizations) and have purchased buildings and properties on the open market or through expropriation. Buildings were either renovated or demolished and new ones built. Vancouver also seeks to replace SROs when buildings are demolished. The units are usually replaced on the same site, but it appears that they are replaced at a lesser number, as the new builds are built to a higher standard. Page 5 of 18 Page 442 of 611 Toronto Toronto has recently begun an initiative to license Multi-tenant Houses. A Multi- tenant House is defined as: A building with four or more multi-tenant house rooms, inhabited or intended to be inhabited by persons who do not live together as a single housekeeping unit. Multi-tenant Houses, while generally smaller than the motels in Niagara Falls, are comparable in that they have single occupancy rooms geared at low-income earners. Toronto’s approach to regulating Multi-tenant Houses is worthy of consideration. Multi-tenant House is a defined term in the zoning by-law, as is Multi-tenant Room. Multi-tenant Houses (MTHs) differ from and do not include emergency housing and shelters and student accommodation. Toronto has engaged in a three-year phase-in program, starting this year with licensing and proactive enforcement that aims to avoid convictions. Owners are given 12 months to bring the MTHs into compliance. There is also a new Multi-tenant House Renovation Program that has grants and financial incentives. Summary All the above municipalities treat SROs (or Multi-tenant Houses in the case of Toronto) as part of the housing continuum and are essential in the provision of housing for low-income earners and the vulnerable. These jurisdictions have recognized that while SROs are not a permanent solution, they will continue to exist over the long term. All have chosen to regulate the use. Some provide incentives and enforce compliance proactively to ensure safe and proper living conditions as well as aesthetically attractive properties. Current Context It has become apparent through this Study that SROs have existed in the city for at least 15 years. Data collection on their numbers began in 2014 as noted below. Source Year Potential Buildings Potential Units Planning Department survey 2024 47 2,150 Housing Strategy 2020 62 2,541 BHIC Study 2018 56 2,464 Fire Prevention 2014 63 1,919 The current data indicates that the number of SRO buildings has declined likely because a number of motels have been closed or demolished since 2020. Recently, it is important to note that the above data (2018 to 2024), with exception of that from Fire Page 6 of 18 Page 443 of 611 Prevention, are estimates attained through windshield or sidewalk surveys, searches utilizing on-line mapping tools and interviews with stakeholders. Fire Prevention data was used as a starting point. Furthermore, these numbers represent potential SROs as it can be difficult to determine whether a specific building is being used as an SRO and that some buildings may be serving the travelling public in part and operating the other as an SRO. Branded hotels within the tourist core were not included in the survey. In addition, the hotels that are being used to house refugees are not factored into this update given the transitional nature of this housing. Consultation Consultation with City departments, agencies and stakeholders was undertaken as part of this update, in response to Council’s 2019 direction and to confirm current SRO usage and impacts. The list of stakeholders was determined from the 2019 BHIC Study. This was essentially a “fact finding mission” to assess the current situation of SROs and how it has changed over the past five years. Examples of the questions asked were:  Please explain the role of your organization.  How does it relate homelessness and the issue of SROs?  How has the SRO landscape changed, pre-pandemic to post-pandemic?  Do you know of specific establishments operating as SROs?  Who are the people living in SROs?  Do you see SROs existing over the long term?  If SROs were to be legalized, what issues should be addressed? 1. Business Improvement Associations Three BIAs were consulted including Lundy’s Lane (LLBIA), Victoria Centre (VCBIA), and Main & Ferry, as SROs are found within or in proximity to these districts. The LLBIA and VCBIA submitted comments when the BHIC Study went before Council in November 2018 and June 2019. These comments are attached for reference. Both stated that their comments have not changed, maintaining their opposition to allowing for SROs to be permitted as-of-right to the exclusion of a motel or hotel use. However, in their comments on the BHIC Study each supported the alternate proposal allowing SROs as an additional use to motel and hotel uses. Such a proposal is seen as of benefit to operators who offer both short term and long-term accommodation. The Main & Ferry BIA was generally supportive of the legalization of SROs and identified that they should be regulated in the absence of federal and provincial funding for assisted housing and geared to low-income individuals. Other comments received from the BIAs were: Page 7 of 18 Page 444 of 611 o The tourist core is not the place for SROs due to the lack of services and retail uses (e.g. grocery stores). o Ensuring that a safe and attractive streetscape and district is fostered is essential for the future. In doing so, an environment will be created that attracts both new businesses and residential intensification. o Any licensing by-law passed that regulates SROs:  must be accompanied by appropriate levels of staffing to ensure enforcement.  should allow for a shared use – SROs and motel units.  require the owner or a manager to be living at all times on the site. o Allowing properties to deteriorate affects future redevelopment and intensification of these areas. Such deteriorated properties are seen to be not just unsightly but a safety issue. o There has to be government investment in improving the condition of SROs as owners would not be otherwise motivated. o Enforcement of illegal Vacation Rental Units (VRUs) is seen as a way of creating more residential units and lessening the need for SROs. 2. Niagara Region Community Services Niagara Region Community Services was consulted as it provides housing and support services to low-income and vulnerable individuals. Regional Staff maintain a By-Name List (BNL) of individuals who are homeless. This real-time data is updated monthly. Staff noted that there have been substantial changes in homelessness and the SRO landscape over the past five years. o Homelessness has increased by about 10-15% on average per year since the pandemic. In total, homelessness has increased by about 25% since beginning of 2020. However, the increasing trend in homelessness leveled off from 2023 to 2024. The BNL includes unsheltered homelessness, sheltered homelessness, and persons in supportive housing programs. The following are not included in the BNL:  Hidden homeless (couch surfing) and not accessing any services.  Indigenous households and individuals accessing supports from Indigenous providers.  Violence Against Women (VAW) shelters. In July 2024, calls were received regarding approximately 450 persons who were homeless. o The homeless population is now different than pre-pandemic. A significant number of people cannot be sheltered due to restrictions in services and that they suffer from addiction or mental health issues. o Tent encampments are not a true representation of homelessness as individuals are also squatting in vacant and abandoned buildings. o SROs, while not being the ideal solution to low-income housing, are viewed as being a necessary part of the solution and part of the housing continuum. Page 8 of 18 Page 445 of 611 o If SROs were unable to operate, there would be a substantial increase in the homeless population. o The availability of SROs for low-income housing has been affected by the recent increase in student housing. o While the Region is in the market for motels that would provide for shelters to serve as SROs, Provincial funding for this and other social housing initiatives is very limited. 3. Niagara Falls Fire Department Fire Prevention has had and maintains a proactive presence with the operators of motels that have been operating as residential uses, to ensure that fire safety measures are in place. It also works with several agencies, including Regional Public Health, regarding the homeless. Fire Prevention Staff have made several points. o There has been a vast increase in the number of people living in SROs since the pandemic. o The use of SROs as student housing is on the rise. o Both factors have resulted in an increase in rents and the number of people living in a single unit. o Having motel units in combination with SROs can work. However, in most cases the motel use ceases due to bad on-line reviews. o Building conditions vary but generally speaking are adequate. o SROs have existed for some time and are likely to remain over the long term. Licensing would assist in the following ways:  would add stability as the use would legal.  allow for proactive enforcement of regulations.  incentives would help to improve living conditions and fire safety. 4. By-law Enforcement Homelessness is a major issue for By-law Enforcement (BLE), on which an increasing amount of time is spent by staff. BLE Staff work with the police to get individuals off the street. With respect to SROs, staff have a jurisdictional issue. The City’s Zoning By-law does not permit motels to be used as a place of residence. When a complaint is received regarding the condition of the property, staff cannot act on it as the Residential Tenancies Act (provincial legislation) which considers individuals living in SROs as tenants, overrides the Zoning By- law (municipal by-law). By-laws to permit SROs and to regulate the condition of the buildings and their operation would resolve the jurisdictional conflict and allow staff to require improvements. 5. Business Development Business Development Staff stated that businesses have told them that homelessness is an issue. Homelessness is on the rise, as is the associated issues of addiction, mental illness of vagrancy, panhandling, shoplifting and setting fires (not maliciously). Staff also stated that they have heard of workers in Page 9 of 18 Page 446 of 611 a variety of sectors living in shelters and SROs. While the most desirable outcome for SROs would be that the properties redevelop, it is recognized that SROs will likely continue to exist over the long term. Should SROs be legalized, licensing is seen as a key component and that plans be required that address site aesthetics and landscaping. 1. Project SHARE Project SHARE operates a housing services department that works with the homeless to get individuals off the street. Project SHARE Staff have advised that there have been significant changes in the population that reside in SROs now as compared to before the pandemic. o Pre-pandemic, SROs were primarily used by people who were on social assistance as they were affordable, and that the owners did not require credit checks or references. Rents were approximately $500/month. o Post pandemic, SROs are no longer available on a monthly basis, but are now rented weekly. Rents are between $350and $450/week. o There are more families living in SROs. o People who live in SROs are those earning minimum wage, either part- time or full time. o SROs are part of the housing continuum and are the last resort for individuals before having to being unhoused. o In some cases, people are evicted from SROs in the spring at the beginning of the tourist season. 2. Niagara Falls Community Health Centre The Niagara Falls Community Health Centre (NFCHC) is a non-profit, community governed, multi-service health centre that provides health care, health promotion and community development services. There are a number of outreach workers at the NFCHC that deal with various health aspects of the community and the homeless population.  SROs have been in existence for in excess of 12 years.  Pre-pandemic, SROs used to be the “go-to” locations for people on social assistance who needed to get off the street.  Post-pandemic there have been significant changes in the homeless population: increasing occurrence of mental health and addiction issues and a lack of access to subsidized housing. The wait time in Niagara Falls for one-bedroom apartments in subsidized housing is over 20 years. There are no bachelor units currently available.  SROs are a necessary part of the housing spectrum in that they provide a short- term solution for people considering their next steps.  Rents for SROs are well beyond individuals on social assistance forcing people to have roommates. Families will share a unit in order to pay rent. Page 10 of 18 Page 447 of 611  Conditions vary from acceptable to deplorable.  Licensing regulations would assist in improving living conditions. Data Collection and Consultation Summary The data collected for this review and the comments received through consultation have provided some key takeaways.  SROs are part of the housing continuum and have been for at least 15 years. They occupy the end of the spectrum along with emergency shelters and transitional housing. With the housing crisis impacting low-income earners particularly, and combined with the limited funding for social housing, SROs will be part of the housing continuum over the long term.  The number of potential SROs is significant. The survey conducted for this update indicates that there are potentially 47 buildings with approximately 2,150 rooms.  Current rents are estimated to average $1,600/month which is beyond the income of those on social assistance (e.g. Maximum ODSP is approximately $1,300/month). As such, many tenants are now those earning minimum wage and cannot afford market rents. As noted above in the comments received during consultation, there are cases where at least two people are sharing a room in order to afford the rent.  Given the above, the estimated population that is living in SROs could range from 2,150 to 4,300 people when double occupancy is assumed, potentially representing 2% to 4% of the city’s population.  Individuals suffering from mental health or addiction issues are only a segment of the population that is living in SROs.  The appearance of some of the properties and especially those properties that have fallen into disrepair are a detraction from future investment and redevelopment. Consultation with the BIAs indicates that such properties can Page 11 of 18 Page 448 of 611 give the impression that the areas are unsafe and thus detract from future investment and tourism.  Other jurisdictions, such as Vancouver, have found that licensing, proactive enforcement, and financial incentives assist in improving living conditions of SROs and the aesthetics of these properties. All those interviewed as part of the consultation phase of this update agreed that SROs, if permitted, should be licensed and such regulations enforced. Should the City engage in a program of proactive enforcement, the current complement of By-law Enforcement officers would not be sufficient to undertake the work required. An assessment of staffing requirements would be part of a future subsequent report.  Including SROs as a permitted use in the Zoning By-law would eliminate the jurisdictional conflict between the Property Standards By-law and Residential Tenancies Act. This would allow municipal staff to require adherence to the Property Standards and Licensing By-law standards. Incentives There is merit to incenting SROs. Many of the older motels throughout the city that are being used as SROs were built in the mid-20th century, and not intended for year-round residential use. As such conditions of these buildings are substandard and need upgrading to achieve a minimum living standard. In addition, the exteriors are in poor condition and properties not maintained. The BIAs have stated, during the consultation phase of this update, that building, and property aesthetics are a major concern. By providing incentives, together with proactive enforcement, it is believed operators will be motivated to undertake renovations. The Housing Strategy recommended that the City develop a city-wide affordable housing Community Improvement Plan. Such a CIP could provide for a variety of programs ranging from relief from application fees to tax increment-based grants that would incent the development of affordable rental housing. The Affordable Housing CIP study could consider incentives to improve the condition of SRO buildings, should affordable rental housing be provided. Council did allocate funding, through the 2025 capital budget, to develop an Affordable Housing CIP. The CIP can consider incentives to improve motels for the purpose of SROs. Phase 2 Next Steps With Council’s direction, staff will hire a consultant to initiate Phase 2 which will entail moving forward with amendments to the Official Plan, Zoning Bylaw and the Licensing By-law. Further public consultation will be conducted including a Let’s Talk page on SROs with surveys, a public open house and a statutory public meeting pursuant to the Planning Act. 1. Amend the Official Plan such that SROs are to be permitted through the Zoning By-law and regulated by a Licensing By-law. Such an amendment should include an intent and purpose that sets the stage for the policies. Page 12 of 18 Page 449 of 611 2. Amend the Zoning By-law to include SROs as an additional permitted use in certain zones. 3. Amend the Licensing By-law to include regulations regarding the operation, maintenance and licensing of an SRO. Alternatives Council may alternatively elect to not permit SROs in the community. As identified in the 2022 Housing Strategy, the use of motels for SROs is not intended to be a permanent solution to address housing gaps, however they currently represent a means of providing shelter to residents without exacerbating the shelter system and, as a result, are a critical component of the City’s housing continuum. In their absence, the amount of visible homelessness in the City would likely increase. An alternative over the medium to long term that should be considered through the Affordable Housing CIP, is the provision of bachelor and one-bedroom units within a mixed affordable/market rate apartment building. The number of units and their rents would have to guaranteed through agreements between the landowner and the City as a provision of any CIP funding. Operational Implications and Risk Analysis Should Council direct staff to proceed with next phase of the Update, it will be undertaken with the staff and funding sources that are currently available. Financial Implications/Budget Impact Should Council elect to proceed to Phase 2, Staff will proceed with recommending an operating budget amendment to increase Planning Service’s 2025 Contracted Services budget by $30,000, as well as an increase in Transfers from Operating Special Purpose Reserves of $30,000, via report CS-2025-02 2025 Tax Levy Budget – Mayor’s Recommendation. There will be no incremental operating budget impact to the 2025 budget. Strategic/Departmental Alignment The recommendations of this report comply with the Official Plan, the implementation of which is consistent with Council’s strategic objectives of Sustainability and Economic Diversification and Growth. Strategic Plan Pillars List of Attachments LLBIA Letter June 25 2019 VCBIA Letter Nov 9 2018 Written by: Page 13 of 18 Page 450 of 611 Brian Dick, Manager of Policy Planning Submitted by: Status: Jason Burgess, CAO Approved - 13 Jan 2025 Page 14 of 18 Page 451 of 611 November 9, 2018 Mayor Jim Diodati & Members of City Council City of Niagara Falls 6310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mayor Diodati & Members of City Council, Re: City of Niagara Falls – PBD 2018 -51 Boarding House Interim Control By-law Study –Report In January 2018 the Technical Advisory Committee, which included the LLBIA, was created to address the very complex issue of the Boarding House Interim Control By-law Study. Throughout the process it became very clear that this is more than a city-wide problem and that there is no single straight forward solution to tackle the issue of regulating extended stay operations in the lodging sector. What may work best in predominately non-tourism areas is not what is realistic in predominately tourist commercial areas. The Lundy’s Lane BIA is not in support of a city-wide adoption of ‘Option A’ which would allow any hotel/motel in the City of Niagara Falls to convert into an exclusive Single Room Occupancy (SRO) operation. The LLBIA believes that ‘Option A’ is a solid approach for the control of permanent motel conversions in predominately non-tourism areas such as Mewburn Road at the QEW, Valley Way at Stanley, McLeod Rd at Drummond, etc. These are properties, in districts that have no real sustainable tourism potential, that would benefit greatly from a straight conversion to an SRO model building. In Tourism Commercial districts such as Lundy’s Lane, Victoria Centre, River Road, etc., where many operators heavily depend on both tourism short stay rentals as well as some long term stay occupants, an ‘Option 1A’, or a potential ‘Option 3 & 1A’ like approach, is more appropriate. Option 1A, which allows for a combination of SRO Units and motel rooms - would provide: • Legalized use • Resident & operator certainty • Operators to have the mechanisms in place of both the Innkeeper’s Act and the Landlord Tenant Act • Enforcement officials to have clear guidelines to follow • Maintain commercial vibrancy of business districts • Continued commercial tax assessment for the City & respective BIA levies That consideration be given toward the creation of an Option 1A + Option 3 Combination, which would also: • Give operators the ability to maintain existing business model (to a max 10 years) • Give operators, the business community and potential investors the assurances that the use is not permanent and can redevelop in the future • Provide residents with certainty that they live in a legal unit (for up to ten years) Page 15 of 18 Page 452 of 611 The LLBIA also maintains that it is imperative that all operations: • Adhere to the design criteria as set out in the LLBIA CIP Urban Design Guidelines • Have landscaped public space and an amenity area • Maintain an attractive curb appeal and proper level of illumination at night • That there is an on-site property manager The LLBIA would also request that: • Criteria be developed to allow for seasonal variation of SRO Unit / motel room allotment • The municipality provides sufficient levels of staffing and resources for administration, enforcement, education and outreach • That the Region, all levels of government, and local agencies work collectively to devise short, mid and long-term strategies to deal with affordable housing, vagrancy and other related social issues. The LLBIA completely understands that the challenges in creating mechanisms that address affordable housing, over night guest, tenant and operator needs, as well as maintaining and promoting a healthy business environment are very complex and administratively burdensome. Conversion of aging motels in and of itself is not the answer to addressing the needs of the affordable housing shortage in Niagara. Pressure must be put on all levels of government to quickly address and properly fund programs to mitigate and remedy the problems. The LLBIA has always been a proponent of residential intensification (as set out in the Urban Design Guidelines) along Lundy’s Lane. Perhaps it is time to look at adding a residential incentivization component to the recently approved LLCIP. Simple adoption of Option A does not adequately address the reality of the situation and the needs of tenants, operators and potential investors. The LLBIA therefore encourages Council to direct staff to investigate Option A1 and a potential Option A1 + Option 3 combination further, as well as a possible residential incentivization additions to the LLCIP. Please advise as to how the LLBIA can further assist in the process. Best Regards, David Jovanovic Tish DiBellonia Project Administrator, Chair, Lundy’s Lane BIA Lundy’s Lane BIA 905-401-8247 905-371-8579 Page 16 of 18 Page 453 of 611 I 6815StanleyAvenue NiagaraFalls,Ontario L2G3Y9 T:905.357.6222ext.7234 Victoria Cent”BIA Top0fC|iftionHil|.com June 25,2019 Mayor Jim Diodati &Members of City Council City of Niagara Falls 6310 Queen Street Niagara Falls,ON LZE6X5 Dear Mayor Diodati &Members of City Council, Re:City of Niagara Falls —PBD—ZO19-39,Final MHBCBoarding House Study in January 2018 the Technical Advisory Committee,which included the LLBIA,was created to address the verycomplexissueoftheBoardingHouseInterimControlBy—lawStudy.Throughout the process it became veryclearthatthisismorethanacity—wideproblem and that there is no single straight forward solution to tackletheissueofregulatingextendedstayoperationsinthelodgingsector.What may work best in predominately non—tourism areas is not what is realistic in predominately tourist commercial areas. The Victoria Center BIAhas reviewed the Final MHBCBoarding House Study and can not support a city—wideadoptionofthe‘as of right’proposed SRO Units /SRO Building model.Commercial /Tourism—Commercialzonesneedtofocusoneconomicdevelopment.The Victoria Center BIAis mandated to develop,create andmaintainahealthyenvironmentforbusinesstoprosperandultimatelybenefitthecommunityasawhole,The VCBIAis very proud of our strong working relationship with Council and staff on the development ofstrategicplansliketheVictoriaCenterStreetscapeMasterPlanandCommunityimprovementPlan.TheseinitiativesaretodevelopanenhancedpublicrealmaswellasincentivizationfornewinvestmentandFacade&Landscape improvement Grants to help spur the private sector.The VCBIApromotes residentialintensificationalongtheVictoriaandFerryStreetcorridorinaccordancewiththeUrbanDesignGuidelinesthathavebeenlaidouttoensureahealthyandvibrantcommunitytoliveanddobusinessin. The adoption of this city—wide’as~of—right'proposal will greatly affect the confidence of investors and create ahighlevelofuncertaintyamongstcurrentbusinessoperatorsintheCity's vital Commercial /TouristCommercialZones.Though unintended,this proposal willhave significant detrimental long—termeffects thatwillseriouslyhinderpositivegrowthandcreateawholeslewofnewproblems.Council must resist this ‘easy?x’approach to deal with the issues that currently exist in affordable social housing. Please advise as to how the VCBIAcan further assist in the process. Victoria Centre BlA Page 17 of 18 Page 454 of 611 I 6815StanleyAvenue NiagaraFalls,Ontario L2G3Y9 T:905.357.6222ext.7234 Victoria Cent”BIA Top0fc|iftionHi||.com Scotiabank Convention Centre 6815 Stanley Avenue,Niagara Falls L2G 3Y9 Phone:905-357-6222 x 7234 Cell:905-714-3828 www.TogOfCliftonHil|.com CLIFTONHILLDISTRICT—VICTORIAAVENUE Cc Eric Marcon Page 18 of 18 Page 455 of 611 Single Room Occupancy C o u n c i l P r e s e n t a t i o n | J a n u a r y 1 4 , 2 0 2 5 Planning DepartmentPage 456 of 611 A GREAT CITY…FOR GENERATIONS TO COME Purpose ❑To provide Council with an update on the Single Room Occupancy (SRO) Project. ❑To seek Council's direction on initiating Phase 2 of the project.Page 457 of 611 A GREAT CITY…FOR GENERATIONS TO COME Context and Background ❑Older motels are being used as long-term residential accommodations and act as informal "stop-gap" housing for vulnerable populations. ❑The 2019 Boarding House Interim Control Study recommended: ▪Introducing SROs to the Official Plan and Zoning By-law. . Establishing a licensing framework. ❑City’s approved Housing Strategy recommended the use of motels as SROs be revisited and finalized.Page 458 of 611 A GREAT CITY…FOR GENERATIONS TO COME Legislative Alignment ❑Provincial Planning Statement (PPS 2024): Aligns with affordable housing objectives. ❑Niagara Region Official Plan: Supports SROs as an affordable housing option. ❑Residential Tenancies Act: Recognizes SRO tenants under provincial housing legislation.Page 459 of 611 A GREAT CITY…FOR GENERATIONS TO COME Key Findings ❑Current estimate: o 47 potential SRO buildings. o ~2,150 rooms, housing 2%-4% of the City's population. ❑Rents average $1,600/month unaffordable for those on social assistance. ❑SRO residents: o Low-income earners, minimum-wage workers, and vulnerable populations. o Increasing families and shared occupancies due to affordability challenges.Page 460 of 611 A GREAT CITY…FOR GENERATIONS TO COME Consultant Engagement Findings Findings ❑Stakeholders: BIAs, Niagara Region Community Services, Fire Department, By-law Enforcement, and others. ❑Consensus: SROs should be legalized and regulated. ❑Challenges: Rising homelessness, insufficient funding for social housing, and deteriorating property conditions.Page 461 of 611 A GREAT CITY…FOR GENERATIONS TO COME Next Steps: Phase 2 ❑Amend the Official Plan to permit SROs as a use in appropriate areas. ❑Amend the Zoning By-law to regulate SRO locations and operations. ❑Establish Licensing By-law to address property maintenance, safety and management standards. ❑Conduct further public consultation, including surveys and open houses. ❑Present findings and draft amendments at a statutory public meeting.Page 462 of 611 CS-2025-05 Finance Report Report to: Mayor and Council Date: January 14, 2025 Title: Q3 Parking Fund Budget to Actual Variance (Unaudited) Recommendation(s) THAT Council RECEIVE the 2024 Q3 Parking Fund Budget to Actual Variance report for the quarter ended September 30, 2024. Executive Summary This report is intended to provide Council with information and details pertaining to the 2024 Q3 budget to actual variance results for the quarter ended September 30, 2024 for the Parking Fund. Within attachment 1, 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 attachment. 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 Attachment 1 contains the Parking Fund 2024 Q3 budget to actual variance. The following notes correspond to the statement contained in Attachment 1. Revenues 1. Fines has a favourable variance of $105,364 or 25.5% over budget at Q3 2024. The fine revenue is on an upward trend returning to and exceeding pre-COVID levels. This can be attributed to an increase in the level of enforcement in key areas and times. In addition, the City saw an increase in fines revenue during the Solar Eclipse Event on April 8th, 2024. 2. User Fees has a favourable variance of $173,203 or 26.8% over budget at Q3 2024. This is primarily due to the seasonal nature of tourism in Niagara Falls. From January to May, tourist numbers are typically low, except for peak periods Page 1 of 4 Page 463 of 611 such as New Year’s, March Break, and Victoria Day Weekend. User fees have increased in Q3, aligning with the peak summer season when tourist activity is at its highest. Expenses 3. Labour and Benefits has a favourable variance of $19,980 or 4.8% at Q3 2024. This is driven by gapping savings in Summer Students and other staff. 4. Electricity has an unfavourable variance of $2,902 or 62.4% over budget at Q3 2024, due to higher than budgeted electricity usage. The 2025 budget has been increased to address this increase. 5. Contracted Services has a favourable variance of $13,051 or 3.8% at Q3 2024. There are savings in Hectronic monitoring fees as the City had minimal Hectronic machines going into 2024 and has completely phased out these machines as of June 2024. In addition, the Commissionares contracted services are tracking below budget. 6. Rents and Financial Expenses has an unfavourable variance of $6,556 or 8.6% over budget at Q3 2024 due to higher than budgeted MTO charges and Honk Mobile Fees. This is offset by the increase in User fees and Fine revenues. Financial Implications/Budget Impact The goal of the parking fund is to be self-sustaining. From 2020 to 2022 this goal was not achieved due to lost revenue from COVID-19. Revenues rebounded in 2023 and exceeded pre-COVID levels which resulted in a surplus at the 2023 year-end. Consistent with 2023 the parking fund in 2024 is trending in a position to not rely on any funding from the Tax Rate Stabilization Reserve but rather to contribute any surplus at the end of the year to one of the newly created Special Purpose Reserves for Parking:  Parking Rate Stabilization Special Purpose Reserve to be used to fund any unforeseen deficits in the annual operating parking budget.  Parking - unallocated Capital Special Purpose Reserve to be used to fund capital needs in Parking. At the end of Q3 2024 the Parking Fund is showing an estimated surplus of $363,000. Staff are expecting this trend to continue with strong user fee revenue expected during the winter months (November and December) of Q4. Strategic/Departmental Alignment This report is consistent with the following Council strategic commitments: Page 2 of 4 Page 464 of 611 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 . Contributor(s) Paul Brown, Manager of Parking Services List of Attachments CS-2025-05 Attachment 1 – 2024 Q3 Parking Fund Budget to Actual Variance Written by: Sebastian Zukowski, Senior Financial Analyst Submitted by: Status: Tiffany Clark, Director of Finance Approved - 06 Jan 2025 Shelley Darlington, General Manager of Corporate Services Approved - 06 Jan 2025 Jason Burgess, CAO Approved - 07 Jan 2025 Page 3 of 4 Page 465 of 611 Attachment 1 CS-2025-05 January 14, 2025 2024 Third Quarter Budget to Actual Comparison Budget Budget to Sept 30 (75%) Actuals (Over)/ Under Budget Variance (Over)/ Under Budget Used 2024 2024 2024 $%% REVENUES Fines 550,000 412,500 517,864 (105,364) (25.5%) 94.2%[1] Permits 147,100 110,325 128,358 (18,033) (16.3%) 87.3% Other Revenue 0 0 0 0 0.0% 0.0% User Fees 860,500 645,375 818,578 (173,203) (26.8%) 95.1%[2] Licenses 2,500 1,875 2,500 (625) (33.3%) 100.0% Miscellaneous Revenue 1,560,100 1,170,075 1,467,300 (297,225) (25.4%) 94.1% TOTAL REVENUE 1,560,100 1,170,075 1,467,300 (297,225) (25.4%) 94.1% EXPENSES Labour 431,028 323,271 301,572 21,699 6.7% 70.0% Employee Benefits Allocation 125,601 94,201 97,333 (3,133) (3.3%) 77.5% Overtime 3,000 2,250 837 1,413 62.8% 27.9% Labour and Benefits 559,629 419,722 399,741 19,980 4.8% 71.4%[3] Materials 63,000 47,250 51,019 (3,769) (8.0%) 81.0% Professional Development 800 600 0 600 100.0% 0.0% Insurance Premiums 10,258 7,694 120 7,574 98.4% 1.2% Conferences/Conventions 3,000 2,250 1,752 498 22.1% 58.4% Membership/Subscriptions 1,400 1,050 650 400 38.1% 46.4% Office Supplies 6,400 4,800 4,143 657 13.7% 64.7% Electricity 6,200 4,650 7,552 (2,902) (62.4%) 121.8%[4] Materials 91,058 68,294 65,236 3,057 4.5% 71.6% Contracted Services 464,000 348,000 334,949 13,051 3.8% 72.2%[5] Snow Plowing 111,000 83,250 80,835 2,415 2.9% 72.8% Contracted Services 575,000 431,250 415,784 15,466 3.6% 72.3% Rents and Financial Expenses 102,000 76,500 83,056 (6,556) (8.6%) 81.4%[6] Internal Rent 98,453 73,840 77,349 (3,509) (4.8%) 78.6% Indirect Costs 84,474 63,356 63,356 0 0.0% 75.0% Interdepartmental Transfers 0 0 (450) 450 0.0% 0.0% To Reserve Funds 49,486 37,115 0 37,115 100.0%0.0% To Special Purpose Reserves 0 0 0 0 0.0%0.0% Internal Transfers 232,413 174,310 140,255 34,055 19.5% 60.3% TOTAL EXPENSES 1,560,100 1,170,075 1,104,072 66,003 5.6% 70.8% (Surplus)/Deficit 0 0 (363,228) 363,228 PARKING FUND Page 4 of 4 Page 466 of 611 CS-2025-06 Legal Services Report Report to: Mayor and Council Date: January 14, 2025 Title: Declare Surplus Lands and Sale of Facilities Recommendation(s) 1. That Council AUTHORIZE that 8196 Cummington Square West, hereinafter referred to as the "Subject 1 Lands", as shown outlined on the plan attached as Attachment 1, be permanently closed and declared surplus to the City's needs. 2. That Council AUTHORIZE that 11211 Sodom Road, hereinafter referred to as the "Subject 2 Lands", as shown outlined on the plan attached as Attachment 1, be permanently closed and declared surplus to the City's needs. 3. That Council AUTHORIZE the City Solicitor and Chief Administrative Officer, or their designate, to execute all documentation and take whatever steps necessary to carry out Recommendations 1 and 2. 4. That Council AUTHORIZE the Chief Administrative Officer, the City Solicitor, and their further designates to engage in negotiations with respect to the proposed purchases of the Subject Lands with the identified prospective purchasers and in accordance with the area breakdown of the Subject Lands proposed in Attachment 2, and in accordance with the City's land sale policy, which includes a requirement that the prospective purchasers be responsible for the cost of obtaining a fair market value appraisal of the Subject Lands. Executive Summary The City Review examined the current state of City operations with the goal of identifying opportunities for cost savings, generating new or increased revenue, and making service delivery more efficient. Among the opportunities supported by Council is declaring two (2) unoccupied municipal properties as surplus and moving forward with their sale. Background This Report is supplemental to In-Camera Reports presented at the November 26, 2024, Council meeting (CS-2024-07 and CS-2024-08), wherein Council moved forward with the recommendations to declare the Subject Lands surplus and directed staff to sell the properties. The City does not have an operational need to retain the properties. Page 1 of 20 Page 467 of 611 Public notice of the declaration of surplus of the Subject Lands was given in the December 28, 2024 issue of the Niagara Falls Review in accordance with the City’s By- law No. 2003-02. Analysis Heritage Status Subject 1 Lands was designated heritage building under the Ontario Heritage Act by By- law 83-280 and updated by By-law 2014-99. Subject 2 Lands was designated heritage building under the Ontario Heritage Act by By-law 96-243 and updated by By-law 2014- 103. As designated heritage properties, the new owners would have to protect the exterior heritage attributes of the buildings. The interiors are not designated and could be renovated. The heritage designation is registered on title and runs with the land and binds successors in title. Zoning Subject 1 Lands are zoned for General Commercial which permits a wide range of businesses, retail, office and service uses. Subject 2 Lands are zoned for rural applications, including agricultural use, single family dwellings, and public utilities (more information specific to rural zoning in the former Township of Willoughby is provided as Attachment 3). Operational Implications and Risk Analysis Selling the Subject Lands would reduce liability and require fewer staffing hours to maintain. As the Subject Lands are sitting unoccupied, there are no risks associated with displacing tenants or affecting service delivery. Vacant buildings inherently pose additional risk of vandalism and excessive property damage due to system failures as inspections of the facilities are only conducted periodically Financial Implications/Budget Impact Declaring the Subject Lands surplus and selling them would generate one-time revenue for the City. Further, the Subject Lands will immediately start generating tax revenue, and the City will be no longer be responsible for the costs relating to maintenance and capital repair backlogs of the Subject Lands. 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 . Sustainability - Social Page 2 of 20 Page 468 of 611 Working in partnership with the Niagara Region to ensure residents have access to basic needs, ensuring that Niagara Falls is a livable, inclusive and supportive community for all. Contributor(s) This report was written in consultation with: Jason Burgess, CAO Shelley Darlington, General Manager of Corporate Services Kathy Moldenhauer, General Manager of Recreation, Culture and Facilities Travis Jeffray, Senior Manager of Facilities Daramone Sikhanxay, Law Clerk Additionally, the Corporate Leadership Team (CLT), Senior Leadership (SLT) and Senior Financial Analysts have been engaged and consulted as part of this process. List of Attachments Attachment 1 - Location Maps Attachment 2 - Pictures of Subject Lands Attachment 3 - Rural Zoning in the Former Willoughby Township Written by: Jacob Thomas, Senior Manager of Decision Support Services Daramone Sikhanxay, Law Clerk Submitted by: Status: Shelley Darlington, General Manager of Corporate Services None Jason Burgess, CAO None Page 3 of 20 Page 469 of 611 CS-2025-06 Attachment 1 – Location Maps 8196 Cummington Square West 11211 Sodom Road Page 4 of 20 Page 470 of 611 CS-2025-06 Attachment 2 –Pictures of Subject Lands 8196 Cummington Square West 11211 Sodom Road Page 5 of 20 Page 471 of 611 Where a district boundary is indicated as parallel to any street or lot line, such boundary shall be construed as being parallel to such street or lot line, and the distance therefrom shall be according to the scale shown on Schedule “A”. SECTION V ZONING DISTRICTS For the purposes of this by-law, the Township of Willoughby is hereby divided into the following restricted districts or zones. ZONE SYMBOL Rural Village Residential Niagara River Parkway Residential Highway Commercial Industrial Conservation and Open Space SECTION VI RURAL (1) Uses Permitted: a. Agricultural uses including field crops, dairy farming, hog and other animal raising; poultry raising, ranching and grazing, tree nurseries, berry or bush crops, orchards, vineyards, truck gardening, aviaries, apiaries, dog kennels and other similar uses customarily carried on in the field of agriculture. b. Single family dwellings. Public utilities, including radio and television, railway. (2) Rural Requirements: a. Site or lot area minimum holding 1 acre b. Frontage on a public street, minimum 200 feet c. Floor area – dwelling, minimum 1000 sq.ft. 35 feet d. Height, maximum e. Minimum building setback all roads 68 ft. from centreline of road allowance f. Rear yard minimum 30 feet g. Side yard minimum 15 feet Attachment 3 - Rural Zoning in the Former Willoughby Township Page 6 of 20 Page 472 of 611 (3) Rural Exception (By-law 73-178): a. None of the provision of this by-law shall apply to prevent the use of the land shown hatched on Schedule “A” of By-law 73-178 or the erection and use of buildings and structures thereon for one or more of the uses permitted in subsection 1 and the following additional uses, namely: (i) An arena, (ii) A community centre, (iii) A community hall, (iv) Field houses, (v) Indoor and outdoor swimming pools, (vi) Indoor and outdoor skating and curling rinks, (vii) A recreational centre, Buildings and structures accessory to any of the foregoing. (viii) (4) Rural Exception (By-law 75-154) a. None of the provisions of section VI and VIII shall apply to prevent the use of the land shown on Schedule “A” of By-law 75-154 or the erection and use of buildings or structures on the said land for the purposes of: (i) A food processing and packaging plant which shall not include the slaughtering of animals or fowl, (ii) A business office which is accessory, incidental and exclusively devoted to the operation of such food processing and packaging plant; b. Provided: (i) The land to be used for the purpose aforesaid shall comprise not less than the whole of the land shown hatched on Schedule “A” of By-law 75-154; No part of any such building or structure shall be located otherwise (ii) than wholly within the area delineated by the broken lines on Schedule “A” of By-law 75-154; No part of the following areas of the said land shown on Schedule (iii) “A” of By-law 75-154 shall be used for any purpose except landscaped open space: 1. The westerly 100 feet throughout from Marshall Road to the northerly boundary of the said land, 2. The northerly 100 feet throughout from the westerly to easterly boundaries of the said land, 3. The easterly 100 feet from the northerly boundary of the said land to a point 736.2 feet southerly therefrom, 4. The easterly 20 feet between a point 736.2 feet southerly from the northerly boundary of the said land and a point 1,141.2 feet southerly from the said northerly boundary of the said land; No part of the following areas of the said land shown on Schedule (iv) “A” of By-law 75-154 shall be used for any purpose except landscaped open space and driveways and parking areas: Page 7 of 20 Page 473 of 611 1. The southerly 125 feet between a point 100 feet easterly from the westerly boundary of the said land and a point 545.2 feet easterly from the westerly boundary of the said land, 2. The southerly 60 feet between a point 545.2 feet easterly from the westerly boundary of the said land shown on Schedule “A” of By- law 75-154 and the easterly boundary of the said land; Landscaped separation shall be provided along the easterly (v) boundary of the said land except none shall be required in front of an office building with an office-type façade; The landscaped open space required under this section shall be (vi) provided and maintained to the extent at least of 20 percent of the area of the said land. For the purpose of this section “landscaped open space” shall mean land which is not used for buildings, structures, parking spaces or driveways and which consists of grass, flower beds, shrubs, trees or a combination thereof; No outside storage and no parking of commercial vehicles shall be (vii) permitted on any part of the said land except within the area delineated by broken lines on Schedule “A” of By-law 75-154 and unless screened from abutting property. For the purpose of this clause “commercial motor vehicle” shall mean any motor vehicle having permanently attached thereto a truck or delivery body and includes motor buses and tractors used for hauling purposes on streets and highways; (viii) No building or structure shall be erected or used on the said land unless and until the facilities for waste disposal have been approved by the Ministry of the Environment; (ix) The height of each building or structure to be erected on the said land shall not exceed 24 feet; The buildings and structures erected or to be erected on the said (x) land shall not cover, in the aggregate, more than 25 percent of the area of the said land on Schedule “A” of By-law 75-154; The said land and every building and structure to be erected (xi) thereon shall be subject to development control as provided below. c. It shall be a condition of the development or redevelopment of the land and buildings within the defined area of the City of Niagara Falls shown on Schedule “A” of By-law 75-154 that the owner of such land enter into one or more agreements with The Corporation of the City of Niagara Falls dealing with the prohibition or the provision, regulation, maintenance and use of any or all of the following facilities and matters: (i) Widenings of highways that abut on the land that is being developed or redeveloped, (ii) Subject to The Public Transportation and Highway Improvement Act, facilities to provide access to and from the land such as access ramps and curbings including the number, location and size of such facilities and the direction of traffic thereon. Off-street vehicular parking and loading areas and access (iii) driveways including the surfacing of such areas and driveways. Page 8 of 20 Page 474 of 611 (iv) Walkways and all other means of pedestrian access. (v) Removal of snow from access ramps, driveways, parking areas and walkways. (vi) Grading or change in elevation or contour of the land and the disposal of storm, surface and waste water from the land and from any buildings or structures thereon. (vii) Conveyance to the municipality, without cost, of easements required for the construction, maintenance, or improvement of any existing or newly required watercourses, ditches, land drainage works and sanitary sewerage facilities on the land. (viii) Floodlighting of the land or of any buildings or structures thereon. (ix) Walls, fences, hedges, trees, shrubs or other suitable ground cover to provide adequate landscaping of the land or protection to adjoining lands. Vaults, central storage and collection areas and other facilities and (x) enclosures as may be required for the storage of garbage and other waste material Plans showing the location of all buildings and structures to be (xi) erected on the land and the location of the other facilities required by the by-law. Perspective drawings and plans showing building elevations and (xii) cross sections of industrial and commercial buildings and residential buildings containing twenty-five or more dwelling units. d. The facilities and matters required by By-law 75-154 shall be provided and maintained by the owner of the land at his sole risk and expense and to the satisfaction of The Corporation of the City of Niagara Falls and in default thereof the provisions of section 469 of The Municipal Act shall apply. e. The owner of the land shall enter into one or more agreements with The Corporation of the City of Niagara Falls dealing with the facilities and matters referred to in subsection 4(c). f. No building permit shall be issued in respect of the said land until the plans referred to in paragraphs (xi) and (xii) of subsection 4(c) have been approved by The City of Niagara Falls and until the agreement or agreements referred to in subsection 4 (e) have been entered into. (5) Repealed by By-law 95-064 (6) Rural Exception (By-law 80-5) a. None of the provisions of By-law No. 395, 1966 of the former Township of Willoughby, now in the City of Niagara Falls, as amended, shall apply to prevent the use of the land shown on Schedule “A-12” of By-law 80-5, or the erection and use of an addition to the existing building and installation and use of the underground storage tank on the said land for the purposes of an abattoir and meat shop subject to compliance with the requirements in section 2 of Section VI of this by-law, as amended. (7) Rural Exception (By-law 81-12) a. None of the provisions of subsection1 of Section VI of By-law 395/66 shall apply to prevent the use of the land as shown on Schedule “A-13” in By-law 81-12, or the erection and use of a building on the said land for the purpose of a public Page 9 of 20 Page 475 of 611 garage for the mechanical repair or equipping of farm machinery, implements, vehicles and equipment and motor vehicles subject to compliance with the requirements in subsection 2 of section VI of By-law 395/66, provided that no gasoline or other motor vehicle fuel shall be sold or offered for sale on the said land. (8) Rural Exception (By-law 81-168) a. None of the provision of By-law 395, 1996 shall apply to prevent the erection and use on the land, as shown on Schedule “A-14” of By-law 81-168, of one single family dwelling in addition to the existing single family dwelling erected thereon, subject to compliance with the requirements of clauses c, d, e, f, and g of subsection 2 of section VI of By-law 395, 1996, as amended. (9) Rural Exception (By-law 82-55) a. Notwithstanding any other provision of By-law 395, 1966, no building or structure shall be erected on the said land shown hatched on Schedule “A-15” in By-law 82-55, closer than 1 metre from the southerly boundary thereof, which said southerly boundary designates a geodetic elevation of 174.25 metres. Rural Exception (By-law 85-129) (10) a. In addition to the permitted uses outlined in clause (b), subsection 1 of Section VI Rural of this by-law, the land shown shaded on Schedule “A-17” of By-law 85- 129 shall also be permitted to have churches and places of worship, cemeteries, public parks, golf courses, and camping establishments licensed by The Corporation of the City of Niagara Falls as permitted uses. Rural Exception (By-law 88-314) (11) a. None of the provisions of subsection 1 of section VI Rural of this by-law shall apply to prevent that use of the land, shown hatched on Schedule “A-20”, or the erection and use on the said land of buildings or structures for the following purposes: (i) One single family dwelling with a detached garage, (ii) One one-storey building not exceeding 104 square metres in floor area for the purpose of a shop for the sale and repair of firearms, and An underground range for the firing of small arms. (iii) Subject to compliance with subsection 2 of section VI Rural of this by-law, and clause b of subsection 11, section VI Rural of this by-law. b. The said underground range shall comprise a structure, either separate from or attached to or under a building of another structure, which said underground range structure: (i) Is constructed either of poured concrete walls not less than 200 millimetres in thickness or concrete block walls not less than 250 millimetres in thickness and, in each case, a concrete slab top, (ii) Except as provided in paragraph (iii) of this clause, is entirely below the finished grade level on all sides of such structure and has a soil cover of not less than 0.6 metres levelled over the entire top of the said structure except those parts of the top occupied by ventilation pipes, Page 10 of 20 Page 476 of 611 (iii) May have a wall or walls which extend not more than 0.4 metres above the finished grade level abutting such wall or walls, and Is not more than 3,000 square metres in area. (iv) (12) Rural Exception (By-law 95-064) a. None of the provisions of clause (1) of Section VI of this by-law shall apply to prevent the use of the land, shown hatched on plan Schedule A of By-law 95- 064, from being used for the purpose of one one-family dwelling and three accessory dwelling units constructed as one two-family dwelling and one one- family dwelling which are to be used for the purpose of accommodating farm help, and one building having a total floor area of not more than 148 square metres to be used for the purpose of marketing farm products produced on site or other locally produced farm products, provided that none of the dwellings or said building used for marketing farm products shall not be located further easterly than 90 metres from the easterly limit of Willodell Road, as now established. b. For the purpose of this by-law, (i) “one-family detached dwelling” means the whole of a separate building which contains not more than one dwelling unit and not more than one kitchen or other facility for the preparation of meals and is occupied by not more than one family; (ii) “two-family dwelling” means a building containing two dwelling units and may be either a semi-detached dwelling or a duplex dwelling; (iii) “semi-detached dwelling” means a building divided vertically into two separate dwelling units, each of which is occupied by not more than one family and has two independent entrances; (iv) “duplex dwelling” means a building divided horizontally into two separate dwelling units, each of which is occupied by not more than one family and has at least one independent entrance either directly from the outside or through a common vestibule. (13) Rural Exception (By-law 2000-039) a. Notwithstanding the provisions of subsection VI(1)(b) of this by-law, no person shall erect or use any building or structure on the lands shown hatched on plan Schedule “1” in By-law 2000-039, for the purpose of a single family dwelling. Rural Exception (By-law 2001-230) (14) a. Notwithstanding the provisions of subsection VI (1) (b) of this by-law, no person shall erect or use any building or structure on the land now shown hatched on the plan Schedule 1 in By-law 2001-230 for the purpose of a single family dwelling. Rural Exception (By-law 2009-162) (15) a. The lands are the subject of and affected by the provisions of this by-law are described in Schedule 1 of by-law 2009-162 b. The permitted uses of the lands shall be the uses permitted by the Rural zone except for a single-family dwelling. c. All applicable regulations of this by-law shall continue to apply to govern the permitted uses on the lands. Rural Exception (By-law 2010-073) (16) a. The permitted uses shall be the uses permitted in a Rural zone and a machine shop. Page 11 of 20 Page 477 of 611 b. The regulations governing the permitted uses shall be: (i) Maximum duration of a machine shop 3 years from May 31, 2010 (ii) Maximum floor area of a machine shop 335 square metres The balance of regulations specified for a Rural use. (iii) (17) Rural Exception (By-law 2011-005) a. The lands that are the subject of and affected by the provisions of this by-law are described in Schedule 1 of by-law 2011-005. b. The permitted uses shall be the uses permitted in a Rural zone and a tourist home. c. The regulations governing the permitted uses shall be: (i) Maximum number of bedrooms to be rented to travellers 4 (ii) Minimum parking 1 space per bedroom The balance of regulations specified for a Rural use. (iii) d. For the purpose of this subsection, “tourist home” means a single family dwelling in which bedrooms and breakfast are made available by the residents at the said dwelling for the temporary accommodation of travellers. (18) Rural Exception (By-law 2011-116) a. The lands that are the subject of and affected by the provisions of this by-law are described in Schedule 1 of By-law 2011-116. b. The permitted uses shall be the uses permitted in a Rural zone. c. The regulations governing the permitted uses shall be: (i) Minimum lot area 3 hectares (ii) The balance of regulations specified for a Rural use. (19) Rural Exception (By-law 2013-105) a. The permitted uses shall be the uses permitted in a Rural zone and a home industry. b. The regulations governing the permitted uses shall be: (i) Minimum lot area 19 hectares including Parcel CO hatched on Schedule 1 of By-law 13-105 (ii) Maximum floor area of a machine shop 335 square metres (iii) The balance of regulations specified for a Rural use. For the purposes of By-law 2013-105, a “home industry” means a studio or shop for artisans, craftpersons and tradespersons, which is subordinate to and accessory to an agricultural operation or dwelling, and which shall be conducted within an accessory building or structure by the resident of the property. Such use does not include a body shop. SECTION VII VILLAGE RESIDENTIAL (1) Uses permitted: a. One family dwellings; Page 12 of 20 Page 478 of 611 CITY OF NIAGARA FALLS By -law No. 85 - 129 A by -law to amend By -law No. 395, 1966 of the former Township of Willoughby, as amended and By -law No. 1538 (1958) of the former Township of Crowland, as amended. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Schedule "A" attached to By -law No. 395, 1966 of the former Township of Willoughby, as amended, is hereby further amended by redesignating as Rural the land being those parts of Township Lots 20, 2 and 3 in the First Cross Concession of the former Township of Willoughby, now in the City of Niagara Falls, shown hatched on the Plan Schedule A -16 attached to and forming part of this By -law, which said land is now designated Industrial. 2. Subject to section 6, clause b of subsection 1 of Section VI Rural of By -law No. 395, 1966 of the former Township of Willoughby, now in the City of Niagara Falls, as amended by By -law No. 82 -160 of the City of Niagara Falls, is hereby further amended as follows: i) by striking out "Churches and places of worship" and cemeteries" in the fourth and fifth lines of the said clause, ii) by striking out "public parks, golf courses" and "camping establishments licensed by The Corporation of the City of Niagara Falls" at the end of the said clause, as amended, so that the said clause, as amended, shall now read as follows: b) Single family dwellings, Public utilities, including radio and television, railway. 3. Subject to section 6, subsection (1) of Section XI Conservation and Open Space of By -law No. 395, 1966 of the former Township of Willoughby, now in the City of Niagara Falls, is amended by striking out Athletic fields, Band stands, Bowling greens, Community centres, Golf courses, Public parks, Skating rinks, Swimming pools, Tennis courts, so that the said subsection, as amended, shall now read as follows 1) Permitted Uses: Agricultural uses as listed under Section VI 1) (a) "Rural Zone" Page 13 of 20 Page 479 of 611 2 - 4. Nothing in this by -law shall be deemed to repeal or amend any of the following by -laws of the City of Niagara Falls which amended the aforesaid By -law No. 395, 1966 of the former Township, of Willoughby, namely By -laws Nos. 71 -93 79 -210 75 -154 80 -5 76 -233 81 -12 79 -174 81 -168 79 -209 82 -55 5. Sections 2 and 3 shall apply to amend the aforesaid By -law No. 395, 1966 of the former Township of Willoughby in so far only as the said By -law No. 395, 1966 applies to that part of the former Township of Willoughby which is now within the limits of the City of Niagara Falls. 6. Sections 2 and 3 shall not apply to the land being parts of the former Township of Willoughby, now in the City of Niagara Falls, shown shaded on the plan Schedule A -17 attached to and forming part of this by -law. 7. Subject to section 13, section 4.1 of By -law No. 1538 (1958) of the former Township of Crowland, as amended by By -law No. 1589 (1958) of the said Township, is further amended by striking out "converted dwelling, light manufacturing and heavy industrial" under the heading "Permitted Uses" which apply to the Type 1 Rural Agricultural District in the list of Districts in the table forming part of the said section. 8. Subject to section 13, section 7.1.1 of the aforesaid By -law No. 1538 1958) of the former Township of Crowland, as amended, is further amended by striking out "and accessory living quarters for staff employed on the premises ". 9. Subject to section 13, section 7.1.4 of the aforesaid By -law No. 1538 1958) of the former Township of Crowland is hereby repealed. 10. Subject to section 13, section 7.1.5 of the aforesaid By -law No. 1538 1958) of the former Township of Crowland, as amended, is hereby further amended by striking out "golf courses and golf driving ranges" at the end of the said section. 11. Subject to section 13, sections 7.1.6, 7.3 and 7.4 of the aforesaid By -law No. 1538 (1958) of the former Township of Crowland are hereby repealed. 12. Sections 7, 8, 9, 10 and 11 shall apply to amend the aforesaid By -law No. 1538 (1958) of the former Township of Crowland in so far only as the said By -law No. 1538 (1958) applies to that part of the former Township of Crowland which is now within the limits of the City of Niagara Falls. 13. Sections 7, 8, 9, 10 and 11 shall not apply to the land being parts of Lots 1, 2, 3 and 4 in the Broken Front Concession of the Township of Crowland, Page 14 of 20 Page 480 of 611 3 now in the City.pf Niagara Falls, lying north of Biggar Road and east of Crowland Avenue shown hatched and designated R A on the plan Schedule 8-2 attached to and forming part of this by -law. 14. Depsite any of the provisions of this by -law, where any building or structure was lawfully used on the day of the passing of this by -law for a purpose which is prohibited by this by -law, nothing in this by -law shall apply to prevent the extension or enlargement of such building or structure or the alteration, repair renovation or reconstruction of any such building or structure provided that (i) such building or structure continues to be used in the same manner and for the same purpose as it was used on the day of the passing of this by -law and (ii) the applicable provisions of the aforesaid By -law No. 395, 1966 of the former Township of Willoughby, as amended, and By -law No. 1538 (1958) of the former Township of Crowland, as amended, respecting minimum lot area, minimum lot frontage, minimum front yard, minimum rear yard, minimum side yard, minimum floor area, maximum height, minimum building setback and maximum lot coverage are complied with. 15. By -law No. 85 -118 is hereby repealed. Passed this 24th day of T. NNADi, 2`ITY CLERK ILLIAM S. .'1 ATON, MAYOR June 1985. First Reading: Second Reading: Third Reading: June 24th June 24th June 24th 1985. 1985. 1985. Page 15 of 20 Page 481 of 611 Sc . . 1 :2,5co AN/ 04' 1r 11 1 !, Oldloeh, lid Ct1,0 FA RS N P C: c c hler/hall 0 Rd IO B0,7 71 C H EDUL E I*17TO By Li4 , / 85-D1 M..A.FXZzpED F.Fcr ,8Y //4A1 Pre ,DLeo( dy / 5 //J P/oeq /,,jepa i 7,+c 9/ 7 /r • of., o Page 16 of 20 Page 482 of 611 SCI IF DL)L- TO BY-LAW 35-129 Par% AREAEXc LOB Rom BY-L AW ipovvLAK4D 15-E5, 195S, 95 0 5 • -Z 3 -5" Page 17 of 20 Page 483 of 611 BAKER ROADao.o,t A c /Ty of F.4L[ 5 TOWN OF FORT E/ /E 1:75D SCHDULE»/& TO 8LAW65 i 9 AREA AFFECTED BY 8Y-LA'il 11/ILL OUP/BY 59- LJY 995 /fa rUie7:SdLOT52O 2 I5 Fiir /C /oss Cor,aefa„,; oG a Page 18 of 20 Page 484 of 611 A by -law to amend By -law No. 395, 1966 of the former Township of Willoughby, now in the City of Niagara Falls, as amended. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Clause b of subsection 1 of section VI of By -law No. 395, 1966 of the former Township of Willoughby, now in the City of Niagara Falls, is amended as follows: i) by striking out "hospitals" in the fourth line of the said clause, ii) by striking out "Athletic and sports fields, parks, golf courses, camping establishments (read together with the prohibitions and regulations of Camping Establishments By -law No. 352 -63), other recreational uses requiring large areas of open space" at the end of the said clause and inserting in lieu thereof the following: Public parks, golf courses, Passed this 19th day of July L lY' •,':errs :....... . L BRENN ERK First Reading: July 19th Second Reading: July 19th Third Reading: July 19th CITY OF NIAGARA FALLS By -law No. 82 - 160 Camping establishments licensed by The Corporation of the City of Niagara Falls. 1982. 1982. 1982. 1982. WAYNE THOMSON, MAYOR Page 19 of 20 Page 485 of 611 82 -160 By -law No. Passed CORPORATION OF THE CITY OF NIAGARA FALLS By -law No. July 19th, 1982 82 -160 A By -law to amend By -law No. 395, 1966 of the former Township of Willoughby, now in the City of Niagara Falls. INTRODUCED BY Page 20 of 20Page 486 of 611 January 12, 2025 Mayor and Council Members This letter is in regard to the Declaration of Surplus Lands referred to as 8196 Cummington Sq. West Over the years, many Council Members have openly stated that the Council has not done a good job when it comes to Heritage Buildings. Two years ago the Chippawa Town Halls Land was put in the same situation as it is today. Though when looking at the Agenda and the document provided, there is no reference to the Hall what so ever in the Public Notice. There are 3 new Council members who have no background information. It may be that a member of Staff may be presenting something concerning this. The one thing that did surprise me is that two years ago, the Chippawa Town Hall is identified with the address in the notification to the Public. This time, it is not, as I earlier mentioned! Of concern is the Public Notice does not seem to appear on the City’s web page. If, you look under Public Notice, it is not there. And as this property has yet to be declared Surplus it does not show as Surplus land either. So, it appears that the only notification to the general public came out in the Niagara Falls Review on December 28, 2024. Because this is coming up as a declaration of Surplus and not an application, would the owners in and around get notification of this? Also missing was the deadline time and date to submit and comments or concerns. Let’s look at a quick timeline. • Historically Built in 1840. Used for a multitude of thinks. It was used as a Town Hall of course for their Council meetings. City office if you will for paying bills of the time. It held dances. Was a general store with the owner living above if memory serves me. • In 1965 an addition was done to the back of the building. • This statement was submitted by Heritage Committee for City Council meeting held January 23, 2018 The Chippawa Town Hall, c.1842, is a city owned building and was designated in 1983 as it was clearly a building of significance in the Village of Chippawa. As with all structures, the windows need ongoing maintenance and repair. The windows at the Chippawa Town Hall have not had any work done for some time. The proposed scope of work is to assess each window and repair what is necessary, retaining as much of the original fabric as possible. See later concerning the windows • In 2014 the building was given Heritage Status. • Briefly, it had been a secondary police station. • The Peterson Art Workshop existed for 50 yrs and been.leasing the building . It then taken over by the Heppners from the Peterson and continued to run as Petersons. Mrs Heppners health was not good and the workshop closed. After this closure the building sat empty until August of 2021 when the Public was made aware of the plan to make it Surplus land and this would come in front of Council on Sept 14, 2021 The September 14, 2021 Council meeting and to 2022 Be reminded that we were still somewhat in pandemic mode and council meetings were still closed to people in the gallery. At that meeting Council Member Lococo put forward that an Expression of interest EOI be put forward. The motion was put forward and carried with three votes against. Those opposed were two members who are involved with Real Estate and the 3rd Page 487 of 611 former Council Member Kerrio. Mr Kerrio put forward that he knew of someone who wanted to buy the Hall. His opposition was not a surprise. Oddly that was not put into the minutes of the meeting. Not long after this meeting, I received and email for a Chippawa resident who basically told me that the buyer that Mr Kerrio had suggested was actually a family member of Mr Kerrio. They also went on to state that if this purchase went through, that it could be expected that something bad would happened to the building a few years later after that purchase. This of course is hearsay or maybe it isn’t. After this meeting a petition was started to stop the sale. More than 1200 signatures were collected. The majority of which were in paper form, the balance by an online petition. On collection of the petitions, it was surprising at a drop point near the the Hall, the numbers of out of town people who asked what we were doing and looking in the windows of the halls and asking if it will ever be open. Also, collected ,were letters of support from many of the local business. Including myself, thirteen residents formed the Friends of the Chippawa Town Hall. The group was fully prepared to become a Not for Profit group to fund raise for repairs and open the Hall up as a community hub for activities and events for the residents of Chippawa and Niagara Falls. The group was diverse in age from people in there 20’s to the age of 80. Their background was just as diverse with the Charity /fundraising, Retail, Tourism/Marketing, the Arts, Healthcare, Finance, History , Service club and Volunteer work and Education. When the public became aware of this possibility of the Hall being revitalized, we had many inquiries from former artists that had used Petersons for sale of their art. People were expressing interest at providing classes in drama, writing, seminars for seniors and a host of other potential activities. Lots of research into other Halls that were facing issues and how they overcame, were looked into. As well as to what other municipalities were doing and what successful activities were undertaken Even with all the problems with the building (listed below), we were willing to take this challenge. In January of 2022, the Expression of Interest was put out to the Public and our group and I believe one other put application together and submitted. Clearly, neither were accepted. What was the state of the building 2 yrs ago. No mention of any issues to the exterior structure were mentioned that I recall from City Staff at the time. Staff reports from their findings, that costs will be approximately $50,000 initially. Another $150,000 later. In talking at length with Mr Heppner he gave a me a detailed list of the good and the bad of the building. Good Bad • Floors are all good • Front door is good • Block wall was painted • Windows all new in front • Block wall was repointed and painted 5 yrs ago • Heating is good Has 2 furnaces • AC on the roof and in the back section • Roof ties into the new part • No accessibility • No parking at back Limited parking at front • Next door‘s sewage pipe runs thru the basement of the hall and join into the Halls and then exits out to the front This and the pipes have caused toilet issues • Cast iron pipes • May have some issues with electrical • Phone line is sketchy • New part of the building has Baseboard heating even though there is FAG in the old part. This needs to have the FAG tied in • Back door need new frame • Block wall at back leaks when it rains • There is an electrical issue • False ceiling on the 2nd floor is a problem • Lights in the clock don’t work • No internet As of January 12, 2025, there is some form of damage at the back of the building. The location and damage is very odd. Page 488 of 611 Have any repairs or changes occurred in the last 2 years? One resident believes that some furnance /heating has been addressed. The question that stands out to me, is why were none of these repairs were attempted earlier. I am thinking that was because the Hall was rented by the Petersons and this may interefere with their classes. But, this this statement doesn’t really hold true. Did the City not have an obligation to keep the Hall up to certain safe standards. The City looks like a Bad Landlord. The fact is, that when the new windows were put in the Heppners had to shut down for the period of time for the replacement. This was not a simple replacement because of the glass that was requires. With any heritage replacement certains standards must be met. In this case the glass must be from the period. And while the glass was not the issue, the size of the glass was. The glass itself came at a considerable cost to be cut and installed. Another cost came with this glass as well. The outside cleaning out it was contracted to a company in London, Ont. Some items are very minor. The phone, internet, the door frame and the lights in the Clock tower. The most curious is why the building beside, has its sewer pipes running through the basement of the Hall. From a photograph from 1909, I believe the town hall does not have a building beside it. So this occurrence happened after that date when the building beside was built. Question is….. What happens with this unusual sewer pipe problem? Who becomes responsible for it. The City. If sold ,the new owner of the Hall. Or does it fall on the owner of the building beside? The biggest issues are the electrical and plumbing. The heating/AC appears to fine but I would think that baseboard heating of that time was expensive as it drew a lot of power to use. The leak in the backwall may be simple and maybe not to address. The false ceiling, I was never clear as to what the issue was. As to Parking, while limited, the Heppners had an agreement with BJ’s for parking. The biggest issue for Parking however was the space at the back for parking for the Heppners. At some point the City allowed the building beside to use this parking space behind the Hall as a driveway for a garage that was built. It was related to me, that the garage was illegal as it never got a permit to build. Whether that is true I don’t know. Regardless this did put Mr Heppner and the owner of the garage at odds when the Hall was open. To try and resolve this issue, the City then allowed Mr Heppner to use one of the Librarians spaces. Of course this put the Librarians at odds with Mr Heppner parking there. At the end of the day if you move forward with the sale, what happens with this garage? Accessibility is one of the 2 biggest issues, if the building is used commercially or as a public space. The front entrance cannot be used, as any ramp would have to go into the street. So, access would need to be done at the back of the building. The present entrance at the back would need tohave its location changed and a lift of some sort would need to be installed. As of January 1, 2025 all buildings are to be accessible. Most importantly is a proper fire escape. This would have to occur out the back of the building. I DO NOT understand HOW the City got away with the present fire escape all these years. Two ropes on the second floor are to put out the windows at the front of the building to shinny down. Can you remember the last time you ever climbed a rope??? At the end of the day The building became a money pit by the City never addressing issues as they occurred. And unfortunately, this has become a theme for Council over the years with Heritage buildings. The general public feels this was done on purpose. You were not in favour of spending up to $150,000 two years ago. But be reminded, that Council agreed and spent 16 + Million dollars (3 million from Gov) on the New Exchange. Page 489 of 611 The idea that Chippawa would be affecting tourism is ridiculous. Bettys Restaurant have tons of buses yearly. There are a variety of different sports tournaments and races that pass through. Not to mention many lost tourists. And activities by the Legion and the Lions Hall that bring people into the area. I don't see Tourism complaining about those. We are a gateway and it is a win-win for everyone by the Hall being the centre of events that can benefit the Tourism Sector. Do not make this a missed opportunity to create a new history of the area by bringing all the new cultures now in Chippawa together in a heritage building. This is critical with so many new cultures moving into Niagara. They learn from us and we learn from them. You should be aware that many of the new people moving into Chippawa don’t even use are services. Chippawa was and is predominately white. But new cultures are moving in. That has not stopped sadly, staring and derogatory comments from being made. We need to welcome these people One way is to have a community base where we can reach out to everyone with Multicultural activities open to all. A few other questions As we only had interior pictures, the group did ask City Staff if we could have a tour of the building. It would have been 2 or 3 of us only. Some of our members were available at any time of day. There never seemed to be a good reason for us not to able to view the building. We did know that the Historical Society had recently been through the building and our denial was curious. If the Town Hall Land is sold, we know that whoever purchases it cannot change the exterior. But nothing stops the new owner from removing the Heritage Designation. This would allow the building to be taken down or to sit until such time it was considered a hazard. To have that glass that was replace smashed and the stone wals crushed and to become garbage in a dump unthinkable. Questions are already out there when it comes to the land that the Chippawa Library presently sits on. Is it the next piece of Surplus land.? No one wants to see a snake in the grass move here. Someone buys the Town Hall and waits for the Library to be sold so all the land can be utilized in such a way that doesn’t befit the history of the area. History in general as it is taught, can be pretty boring. Often all we get are dates and people we have no connection to. When you find out that an ancestor owned the Plains of Abraham or a Great grandparent ran a Public House in Montreal in 1754 then it takes on a whole different meaning. You are learning about the people and how they lived. I have often wondered, if the problem with Heritage buildings is that so many Council Members over the years do not have early Ancestry in Canada. If, your family arrived in let’s say the last hundred years or less, then your ancestry sits in another country. There are still many descendants in Chippawa as well as the Niagara Region whose ancestors came to the Chippawa area to start a new life just prior to and just after 1800 . My sixth great grandparents farmed what is now the Hydro canal near the Welland River in 1797. They show on the Survey map for that year. My fourth Great grandfather died in Chippawa in 1826. For me, on a personal level this will be the second Heritage that I lose if the sale moves forward. The Green School House or the Old Recreational Building at the Lundys Lane Cemetery I have a connection to as well. The Chippawa Town Hall stands as a Legacy to those who came to settle, raise families, got drawn into a war in 1812 and persevered after. I am proud of these people who persevered and stayed steadfast and call them my family. • Did you know that the smaller settlements which would later become Niagara Falls, had to come to Chippawa for their goods. Those records are available at the Geneaological Ctr at Lock 7 in St Catharines. • Did you know that the 1st Welland Canal came from St Catharines down 12 mile creek and then down the Welland River through Chippawa to the Niagara River on their way to Buffalo and back. Page 490 of 611 • Chippawa had a variety of Sawmills and Tanneries along the Welland River as well. Of course you are aware of its military value through the 1800’s. We helped build many structure in the area • The Norton facility and its involvement with the Manhattan Project • Did you know that there is still archaeology still being found in Chippawa. Often being found in areas where Historians stated there wouldn’t be any. History is being rewritten here. When you enter Chippawa on Portage road, it states that you are entering the Historical Village of Chippawa. Are we to be left only with the Holy Trinity Church as a Public Historical building? It almost sounds like false advertising. How is it, we go to Europe to look old buildings, but we can’t find them here? As we are a younger country than those in Europe it is even more important than ever that we hang onto to what we have. One of my son in laws is from the South in the US. He cannot figure out why this City with all its history, so quickly dismisses the heritage buildings. Our neighbours to the south definitely have a different point of view on the subject. They will find a piece of wood stuck out of the ground with an old nail stuck in it and go crazy to rebuild the structure to its former glory. May I suggest the following. Instead of going thru the EOI again, allow a subcommittee to form within the Citys Heritage Committee. We had a dock committee, why can't we have a hall committee to discuss how fund raising could be done to deal with the costs on what has to be done in the hall. As I have so much of the research, I am happy to sit down at the convenience of Staff and any Council Member. Also, there may be others from the original group that would be interested to be involved as well. Allow this Building to Stand Proud as she has for the last 182 years! Be proud of the City’s Ownership of this building! I have not addressed the second piece of land, The Willoughby Town Hall. As the Willoughby Town Hall is rural, it has no one to speak for it. When the Chippawa Town Hall first was looked at 2 years ago there were pictures of the interior and exterior. Today both these lands today are being looked at as JUST LAND. No building is even suggested. WHY??? The Willoughby Town hall had a past, perhaps not like the one in Chippawa but it should not be discounted. Has it been utilized recently? If not, why not? Could it be repurposed? Could it be a venue and advertised as such? History and Ancestry are huge right now. This could be capitalized on. I strongly suggest that members of Council take the time to look at the following websites for more information. https://niagarafalls.ca/living/heritage/273298-willoughby-township-hall.hp https://www.historicplaces.ca/en/rep-reg/place-lieu.aspx?id=9794 https://en.wikipedia.org/wiki/Willoughby_Township,_Ontario As always Thank you your time. Stanlee Hickey Resident of Chippawa for 46 years Page 491 of 611 January 10th, 2025 City of Niagara Falls Council CS-2025-06 DECLARE SURPLUS LANDS AND SALE OF FACILITIES 8196 CUMMINGTON SQUARE WEST “SUBJECT 1 LANDS” CHIPPAWA TOWN HALL Niagara Falls is billed as a world-class destination. With that classification goes the assumption that its City Council would be proactive in not only residential and commercial development, securing gainful employment for its citizens by attracting businesses and attracting visitors, but also preserving the heritage that makes Niagara Falls unique. In the eyes of the citizens of Chippawa the Council is failing in the area of heritage maintenance. Chippawa has grown and continues to grow rapidly, seeing many new residents annually. However, as our population grows, we see a decrease in services to its citizens. There may have been behind the scenes efforts to save our bank. Hopefully the City stepped in to try to negotiate maintaining a Royal Bank branch in Chippawa. At any rate, a growing community has no access to a financial institution. Recently, the City (with the Library Committee) (May 2024) announced the closure of the Chippawa Public Library (CPL). This came as a disappointment not only to long-time residents but to new community members as well. A library is a place not only to obtain books, but additionally it is a community hub, where neighbours meet new friends, where seniors go for social contact, where children learn the love of exploring aisles of books rather than having their face in technology. I have come to understand that not only were private donations obtained (approximately $386,000.00 as of March 21/2024) but also a substantial grant from the Government of Canda as part of their Canada Community Revitalization Fund for renovation the Niagara Falls Public Library, Stamford Branch. According to the Niagara Falls Review (October 18, 2024) the final cost of this renovation was 2.6 Million dollars. I wonder, did public consultations indicate the general population of Niagara Falls wanted a 2.6 million dollar renovation, in the north end of the City, where the population is aging, where development of new residential dwellings does not grow at the rate that Chippawa does, where bus service from other areas of the City are limited or lengthy? Were the private donors and the GOC advised that the Chippawa Public Library was in need of repairs? Were they advised that for two decades the City was aware of the Ontarians With Disabilities Act 2001, yet failed to budget/secure funds to upgrade the Chippawa location? When the announcement to close the library was made, significant repair costs, inability to get chair lift repaired, accessibility issues were all listed as part of the rational behind closing the branch. Could not some of the 2.6million dollars been Page 492 of 611 allocated to Chippawa? Would private donors have instructed their contributions be directed to the Chippawa branch had they known it was to be an “either/or” situation? Why is a growing community overlooked on a regular basis? Most recently the Niagara Falls Exchange was built at a cost of 16 million dollars, with a grant from the Government of 3 million dollars. Again, was the Chippawa Public Library and the needs of this community ever considered when securing Government funds and spending taxpayer dollars? These two project alone, including roughly 5 million dollars in Government grants have cost the City roughly 18 million dollars. How is it possible that there are not funds to maintain/repair a designated heritage building in Chippawa? How is it possible that the City can justify declaring it “surplus land” when over 1200 people apposed this two years ago? Can a sub-committee of the Heritage Council not be formed to look into repairing/upgrading/repurposing the Chippawa Town Hall? Is Chippawa to be, yet again, neglected in the City of Niagara Falls budget failing to consider the increased tax revenue from the recent and ongoing (proposed) development of Chippawa. Much of our country has become a “throw-away” society. The out with the old, in with the new mentality of Councils across the country serves only to avoid critical thinking, creative planning and community consultation. I am requesting that the City defer the decision to declare the Chippawa Town Hall surplus at this time. I am further requesting copies of any estimates prepared to bring the Chippawa Town Hall up to code. Additionally, should Council be looking to declare the Chippawa Public Library surplus and sell that off, I request this be deferred as well until a decision is made on the Town Hall. It is foreseeable that Council would declare any repurposing of the Town Hall as not feasible because of lack of parking. Maintaining the Chippawa Library property could potentially alleviate any concerns in that area. Before making any decisions, I implore you to listen to what Chippawa Community residents want and need. We are, collectively, capable of fund raising, securing donations, applying for Grants (just look at what the Chippawa Public Docks Committee accomplished). Most recently, our Community raised over $7000.00 for Jump Start Niagara. We are capable! We are motivated! We are willing to SAVE OUR CHIPPAWA TOWN HALL! Sincerely Juli-Ann Leva Page 493 of 611 Dear Mayor Jim Diodati and esteemed Council Members, RE: Declaration of Surplus Lands referred to as 8196 Cummington Sq. West I would like to address my concerns about the Declaration of Surplus Lands of the Chippawa’s Town Hall. As a community member who has a history of ancestry in the Chippawa area, (speciflcally, William Leeming who died in 1859 and is buried in the Chippawa Trinity Church cemetery is one of the notable names in my family’s genealogy), I feel personally invested in the protection of our Heritage buildings. Respecting our history is of great value for those of us who have history embedded in Chippawa, and the Town Hall is a perfect example of a building that deserves to be saved and not put up for public sale. In 1983, the Chippawa Town Hall, c.1842, was designated with heritage status due to it being recognized as a building of signiflcance in the Village of Chippawa. From what I understand, money has already been put into the building, with the second fioor windows being replaced in order to fulflll the required criteria of a heritage building. While I recognize that there are ongoing maintenance costs associated with the upkeep, I do feel there is value to it. There is an opportunity to create new history in the area by honouring this nearly 200-year old space, by making it a cultural hub and focal point for the local community. It is well situated across from Cummington Square, which is frequently used as a community gathering spot, and is easily accessible by public transit. It could serve as a draw for the local community, without taking tourism away from Niagara Falls. If the Town Hall Land is sold, nothing stops the new owner from removing the Heritage Designation . This would allow the building to be destroyed or left until it becomes a safety concern. I respectfully request that Council defer this decision until further structured conversations can be had between the City and those of us who are invested in the heritage in Chippawa. As a member of the previously formed group, “Friends of the Chippawa Town Hall”, I would be personally invested in both future fundraising efforts and contributing to further conversations about the development of this time-honoured space as a cultural community hub for future generations to enjoy. With regards, Sheri Hawkins / Mainly Niagara Page 494 of 611 1 Ashley Ponce Subject:RE: [EXTERNAL]-Surplus Land 8196 Cummington Square Chippawa Town Hall From: Susan Doherty Sent: Sunday, January 12, 2025 11:49 AM To: DL-CouncilMembers <councilmembers@niagarafalls.ca> Cc: Daramone Sikhanxay <dsikhanxay@niagarafalls.ca>; Bill Matson <billmatson@niagarafalls.ca> Subject: [EXTERNAL]-Surplus Land 8196 Cummington Square Chippawa Town Hall Hello, I just wanted to express my concern that our Town Hall is being considered surplus land. Three generations of my family have been residents of Chippawa, just like many others. We have been in this building many, many times to attend events, plays, dances, craft nights, etc. It has been a meeting place for the community of Chippawa up until the past few years. It has a significant heritage value to our residents. I was part of a group going door to door two years ago with a petition to save our town hall. There was an immense interest and I believe we gathered more than 1200 signatures in the short time we had. I understand keeping this building could be costly. Maybe you could give Chippawa residents a chance to fundraise to assist with costs? We have a lot of tourists come through our town. Maybe you could create a destination where they would want to visit at a fee? Thank you for your time, Susan Doherty CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 495 of 611 1 Ashley Ponce To:Heather Ruzylo Subject:RE: NO to Chippawa Town Hall-declared Surplus lands From: Liz Foreman Sent: Monday, January 13, 2025 2:17 PM To: DL-CouncilMembers <councilmembers@niagarafalls.ca> Subject: RE: NO to Chippawa Town Hall-declared Surplus lands "Stop building in Chippawa! Before there is no history left to preserve. With the constant development around us, this once-quiet community has lost its charm. It’s time to leave things as they are and halt the overdevelopment of properties in Chippawa. In particular Chippawa Town Hall. Elizabeth Foreman Page 496 of 611 1 Ashley Ponce To:Heather Ruzylo Subject:RE: [EXTERNAL]-Chippawa Town Hall From: Mary Ellen Morse Sent: Monday, January 13, 2025 2:36 PM To: DL-CouncilMembers <councilmembers@niagarafalls.ca>; Bill Matson <billmatson@niagarafalls.ca> Subject: [EXTERNAL]-Chippawa Town Hall As a resident of Chippawa since birth, I don't think a commercial building, or hole in the ground like the mess at River Road and Portage Road be beneficial to our town. Please keep our historical beautiful Town Hall building. Mary Ellen Bukator Morse CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 497 of 611 1 Ashley Ponce To:Heather Ruzylo Subject:RE: [EXTERNAL]-Chippawa Town From: Patricia Dobie Sent: Monday, January 13, 2025 4:09 PM To: Bill Matson <billmatson@niagarafalls.ca> Subject: [EXTERNAL]-Chippawa Town Dear Sir. I have said often that this building should be saved. There are so few old buildings left. I feel the town hall is special and should be saved. My family has a long heritage in Chippawa. my family relatives Willick, Weaver, Greenwood . I look too the U.S. and see many old building they keep and also to Quebec. Yet in Chippawa they are so ready to tear buildings down and put up new. It seems to me that the town hall is a very special building in our town and should be saved. I am hoping that it can be declared a heritage building I know it needs a lot of work but there must be some way to save it Sincerely Patricia Willick Dobie CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 498 of 611 CS-2025-09 Report Report to: Mayor and Council Date: January 14, 2025 Title: Sport Tourism Rebate Program Funding - Looking for Change: City Review (2025 Budget Proposals) Recommendation(s) THAT Council RECEIVE report CS-2025-09, Sport Tourism Rebate Program Funding for information. Executive Summary Corporate Services is proposing to update the funding structure of the Sport Tourism Rebate Program, which is a Tournament Hotel Credit beginning in 2025. In 2024, the City had an annual budget of $20,000 to subsidize accommodation expenses of out-of-town sports teams. Staff will move away from this program and move towards sponsoring sports tourism in a broader manner. Staff will also switch the funding from the tax levy to funding the program through the Municipal Accommodation Tax (MAT), this will result in immediate cost savings of $20,000 without impacting service levels. As per another report, staff are proposing changes to the MAT, as part of those changes the City of Niagara Falls will be responsible for certain activities one of which would be sports tourism. Staff will use the revised MAT to invest more in sports tourism and the use of the MAT is more appropriate than tax levy funds. In addition to these changes, staff will develop a more robust sports tourism program to encourage tourism and economic impact. Background The City has an annual budget of $20,000 to subsidize accommodation expenses of out-of-town sports teams. The credit needs to be applied for and has historically been underutilized with approximately $10,000 - $15,000 granted annually, on average. Staff will work with tourism and sports partners to look for more effective ways to generate economic activity with sports tourism. Staff will look at supporting sporting events to grow this area of tourism. Page 1 of 2 Page 499 of 611 Analysis The use of the MAT is more appropriate for supporting this activity than the tax levy. The use of the MAT will create a small budgetary benefit for the 2025 budget. The existing program was not well subscribed to and a revamp is required. The expansion of the budget should drive more economic impact to the industry and the City. Staff will look to work with sports industry and tourism representatives to target the use of these funds to expand sports tourism in Niagara Falls. Operational Implications and Risk Analysis No operational impacts or risks are anticipated. Financial Implications/Budget Impact Funding the Sport Tourism Rebate Program through the MAT would reduce the annual tax levy impact by $20,000. Strategic/Departmental Alignment Ensuring maximum value to taxpayers. Strategic Plan Pillars Sustainability - Financial Effectively managing the City’s financial resources to meet our current and future obligations without relying on external funding sources or sacrificing our ability to deliver essential services to our residents . Written by: Jacob Thomas, Senior Manager of Decision Support Services Submitted by: Status: Shelley Darlington, General Manager of Corporate Services Approved - 03 Jan 2025 Jason Burgess, CAO Approved - 05 Jan 2025 Page 2 of 2 Page 500 of 611 MW-2025-03 Engineering Report Report to: Mayor and Council Date: January 14, 2025 Title: Summary of 2024 Traffic & Parking By-law Amendments Recommendation(s) That Council RECEIVE this report for information. Executive Summary This report is a summary of all the traffic and parking by-law amendments undertaken in 2024. Background At its July 12, 2022, meeting, City Council delegated the authority to approve the implementation, modification, and/or removal of the parking and traffic regulations contained within By-Law 89-2000 to the General Manager of Municipal Works, directed Staff to prepare the necessary amendments to By-Law 89-2000 for Council’s final approval; and, that Staff be directed to prepare an annual report documenting all of the amendments to By-Law 89-2000 from the previous year. Analysis A list of changes that required an amendment to the City’s Parking and Traffic By-law 89-2000 that took place in 2024 is provided in the Appendix. Financial Implications/Budget Impact Operational and material costs for the installation, modification and removal of traffic control and parking related signage is included within Municipal Works - Transportation Services annual operating budget. 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-2025-03_Appendix Page 1 of 6 Page 501 of 611 Written by: Mathew Bilodeau, Manager of Transportation Engineering Submitted by: Status: Erik Nickel, General Manager of Municipal Works Approved - 06 Jan 2025 Jason Burgess, CAO Approved - 07 Jan 2025 Page 2 of 6 Page 502 of 611 MW-2025-03 Appendix 2024 Traffic & Parking By-law 89-2000 Amendments 1. Location: Biggar Road, west of Montrose Road Change: Lower speed limit, from 80 km/h to 60 km/h, from Montrose Road to a point 800 metres west of Montrose Road Reason: Speed limit lowered in concert with the road reconstruction and expansion By-law: January 16, 2024 2. Location: Beaverton Boulevard Change: Prohibit parking on the north side of Beaverton Boulevard between a point 29 metres east of Beaver Valley Way and a point 65 metres east of Beaver Valley Way Reason: Prohibit parking on the inside of a curve, to improve driver sight lines and road space as drivers proceed through the curve By-law: January 16, 2024 3. Location: Adams Avenue and Hawkins Street Change: Replace the yield sign to a stop sign Reason: Stop sign warranted due to insufficient sight lines for yield control By-law: January 16, 2024 4. Location: Desson Avenue and North Street Change: Install an all-way stop control Reason: Warranted due to sight line obstructions By-law: February 27, 2024 5. Location: Orlando Drive, east of Sinnicks Avenue Change: Establish No Parking on one side Reason: To ensure access to dead end properties on short segment of road By-law: May 28, 2024 6. Location: Stamford Street at McDonald Avenue Change: Establish No Parking on north side through intersection Reason: Parked vehicles at/near the intersection created some conflicts By-law: May 28, 2024 7. Location: Falls Avenue, between Clifton Hill and Rainbow Bridge Change: Change Permit Parking Areas and Establish Loading Areas Reason: To reflect By-law: May 28, 2024 8. Location: Hiram Street at Ontario Avenue Change: Add stop sign to by-law Reason: By-law to reflect field conditions By-law: May 28, 2024 Page 3 of 6 Page 503 of 611 9. Location: Centre Street, between Victoria Avenue and Ellen Avenue Change: No change, by-law updated to reflect field conditions Reason: Housekeeping amendment By-law: July 16, 2024 10. Location: Prospect Street, between Drummond Road & Portage Road Change: Extend No Parking, Except by Permit on south side to Drummond Road Reason: Deter non-residents from parking on Prospect Street By-law: July 16, 2024 11. Location: North Street, between Stanley Avenue & Buchanan Avenue Change: Extend No Stopping zone on the south side Reason: Ensure safe traffic operations as drivers turn from Stanley Avenue onto North Street By-law: July 16, 2024 12. Location: Westport Drive, between Parkside Road & Courteney Crescent Change: Establish No Parking on the north side, and implement a pedestrian crossover at the trail Reason: Maintain two-way traffic on the road due to overflow parking from the neighbourhood park and provide a protected pedestrian crossing at the trail. By-law: July 16, 2024 13. Location: McGarry Drive at Kelly Change: Implement a pedestrian crossover on the east side of the intersection and associated No Stopping zones Reason: Provide a safe protected crossing for school children. By-law: July 16, 2024 14. Location: St Patrick Avenue, between O’Neil Street and Russell Street Change: Remove the No Stopping, 8AM-10AM & 2PM-4PM restriction Reason: Majority of residents supported its removal By-law: July 16, 2024 15. Location: Erie Avenue, between Morrison Street and Ellis Street Change: Establish a No Parking, Except by Permit zone Reason: Majority of residents supported its change to keep non-residential traffic from parking all day on the street By-law: July 16, 2024 16. Location: Palmer Avenue, between College Crescent and Cooman Crescent Change: Implement a pedestrian crossover at the trail head Reason: Provide a safe protected crossing across Palmer Avenue By-law: July 16, 2024 17. Location: Beck Road, south of Lyons Creek Road Change: Remove the 12 Tonne bridge weight limit Reason: Bridge was reconstructed and can handle prescribed vehicle weights By-law: July 16, 2024 Page 4 of 6 Page 504 of 611 18. Location: Front Street, between Portage Road and Norton Street Change: Modify parking controls to consist of No Stopping at the entrance to the road segment, 2-hour limit alongside the Tim Horton’s and boat launch, and a No Parking Except by Permit within the residential zone Reason: Separate parking for commercial/recreational and residential uses By-law: August 13, 2024 19. Location: Hanah Avenue, between North Street and Summer Street Change: Extend the 15m corner parking restriction on the east side to 30m from North Street Reason: Resolve sight line issue with large vehicles parking near intersection By-law: September 10, 2024 20. Location: Victoria Avenue at Simcoe Street Change: Remove the No Right Turn on Red restriction facing east and westbound traffic Reason: Drivers have good visibility to determine if making a turn on a red signal, with the offset intersection By-law: September 10, 2024 21. Location: Homewood Avenue at Alexander Avenue Change: Install a stop sign Reason: Stop sign warranted due to insufficient sight lines for yield control By-law: September 10, 2024 22. Location: Houck Drive at Twidale Avenue Change: Install a stop sign Reason: Stop sign warranted due to insufficient sight lines for yield control By-law: September 10, 2024 23. Location: Ferguson Street, west of Niagara River Parkway Change: Install a time limited parking restriction Reason: Enable safer access for garbage pickup to adjacent retirement home By-law: September 10, 2024 24. Location: Portage Road & Norton Street Change: Add a yield sign in the southwestbound direction Reason: Establish right-of-way between drivers southeastbound along the one- way channel from Portage Road and Norton Street By-law: November 12, 2024 25. Location: Bridgewater Street, southwest of Cummington Square West Change: Add in a loading zone and reduce the corresponding parking limited zone Reason: Provide one space exclusively for loading By-law: November 12, 2024 26. Location: Sinnicks Avenue, between Thorold Stone Road and Orlando Drive Change: Establish a permit parking zone on the east side Reason: Provide overflow street parking for the townhouse complex By-law: December 10, 2024 Page 5 of 6 Page 505 of 611 27. Location: Crawford Street at St James Avenue Change: Install an all-way stop control Reason: Technical warrants met for an all-way stop By-law: December 10, 2024 28. Location: Westwood Street, between Kalar Road and Lynhurst Drive Change: Remove the parking prohibition on the south side Reason: Supported by majority of residents and the street is wide enough to allow parking on both sides By-law: December 10, 2024 29. Location: Rural Roads east of the QEW and south of Lyons Creek Road as well as west of the QEW and north of the Welland River. Change: Reduce the speed limit on certain road segments Reason: Based on Transportation Association of Canada (TAC) – Canadian Guidelines for Establishing Posted Speed Limits (TAC CGEPSL), 2009 By-law: December 10, 2024 Page 6 of 6 Page 506 of 611 1 Heather Ruzylo To:Carey Campbell Subject:RE: [EXTERNAL]-Flag raising From: Carey Campbell <ccampbell@niagarafalls.ca> Sent: Thursday, December 12, 2024 11:37 AM To: Joe Ingribelli < >; Emily Tropea <etropea@niagarafalls.ca>; Bill Matson <billmatson@niagarafalls.ca>; Heather Ruzylo <hruzylo@niagarafalls.ca> Cc: Jim Diodati <jdiodati@niagarafalls.ca> Subject: RE: [EXTERNAL]-Flag raising Hello Joe: Many thanks for sharing your request for a flag-raising on behalf of Club Italia for the first week of June. I’m including our City Clerk’s Staff here so that they may bring this forward at the earliest opportunity in the new year for Council’s consideration. I trust that the team will follow up with you to arrange a date for the flag-raising once it is approved. Kind regards, carey Carey Campbell | Manager | Office of the Mayor and CAO | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | 905.356.7521 X 4206 | ccampbell@niagarafalls.ca From: Joe Ingribelli < Sent: Wednesday, December 11, 2024 3:59 PM To: Carey Campbell <ccampbell@niagarafalls.ca> Subject: [EXTERNAL]-Flag raising Hi Carey, as we spoke in the past, regarding flag-raising, I would like to make it official that Club Italia with City Hall will be responsible for the Italian Heritage Month event each year in the first week of June. Club Italia represents the Italian community in Niagara Falls, not someone from out of town. thank you Joe Ingrbelli CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 507 of 611 1 Heather Ruzylo To:Carey Campbell Subject:RE: [EXTERNAL]-Indigenous Survivors Day From: Troy Abromaitis Sent: Sunday, December 15, 2024 7:58 PM To: Jim Diodati <jdiodati@niagarafalls.ca> Subject: [EXTERNAL]-Indigenous Survivors Day Dear Mayor and Members of Niagara Falls City Council, I am writing to propose the establishment of Indigenous Survivors Day on June 30, 2025, as a city-wide observance that reflects Niagara Falls’ commitment to inclusivity, empathy, and reconciliation. This meaningful day, already recognized by provinces such as British Columbia, Nova Scotia, and New Brunswick, as well as cities like Surrey and Prince George, honors the resilience of First Nations, Inuit, and Métis peoples while acknowledging the lasting impacts of colonial policies, including the Sixties Scoop, Millennium Scoop, birth alerts, and other practices that disrupted Indigenous families and communities. By proclaiming June 30 as Indigenous Survivors Day, Niagara Falls would join other forward-thinking municipalities in taking an important step toward recognizing the courage and strength of Indigenous survivors. This day provides an opportunity to raise awareness, foster healing, and encourage education and dialogue about the resilience and cultural heritage of Indigenous communities. It would also provide Niagara Falls residents with a chance to reflect on our shared history and reaffirm the city’s commitment to reconciliation. Proclamation: WHEREAS Indigenous Peoples, including First Nations, Inuit, and Métis, have faced historical and ongoing trauma through colonial policies, such as the Sixties Scoop, Millennium Scoop, birth alerts, and other practices that disrupted families and communities; WHEREAS Indigenous Survivors Day recognizes the strength and courage of those who have endured these injustices and honors the resilience, cultural heritage, and contributions of Indigenous Peoples; WHEREAS the City of Niagara Falls is committed to advancing reconciliation, inclusivity, and respect for all communities; NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Niagara Falls do hereby proclaim June 30, 2025, as Indigenous Survivors Day in Niagara Falls, Ontario. Page 508 of 611 2 Adopting Indigenous Survivors Day would highlight Niagara Falls’ leadership in fostering understanding, equity, and respect for all communities. This proclamation would affirm the city’s solidarity with Indigenous Peoples and its commitment to building a future rooted in compassion, inclusivity, and collaboration. Thank you for considering this important initiative. I look forward to your positive response and to collaborating with the City of Niagara Falls to bring this vision to life. Sincerely, Troy Abromaitis All Nations Outreach CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 509 of 611 Canada Province of British Columbia A Proclamation CHARLES THE THIRD, by the Grace of God, King of Canada and His other Realms and Territories, Head of the Commonwealth To all to whom these presents shall come – Greeting Attorney General Lieutenant Governor WHEREAS the government of British Columbia acknowledges the many historical injustices that Indigenous Peoples in Canada have endured resulting from colonization and forced assimilation, and WHEREAS the government of British Columbia recognizes the resilience and strength of all Indigenous survivors who were forcibly removed from their homes, families, and communities under the mandate of colonial programs and initiatives that operated in British Columbia, and WHEREAS the observance of June 30 as Indigenous Survivors Day creates a platform for raising awareness and fostering understanding through education and dialogue as well as advocating for reconciliation and healing for Indigenous survivors, their families, and communities, and WHEREAS Indigenous Survivors Day is a solemn reminder of the ongoing challenges faced by Indigenous survivors and their communities and highlights the importance of supporting Indigenous cultural heritage as well as a more inclusive and equitable province; NOW KNOW YE THAT We do by these presents proclaim and declare that June 30, 2024, shall be known as “Indigenous Survivors Day” in the Province of British Columbia. IN TESTIMONY WHEREOF, We have caused these Our Letters to be made Patent and the Great Seal of Our Province of British Columbia to be hereunto affixed. WITNESS, The Honourable Janet Austin, Lieutenant Governor of Our Province of British Columbia, in Our City of Victoria, in Our Province, this twenty-fifth day of April, two thousand twenty-four and in the second year of Our Reign. BY COMMAND. Page 510 of 611 Page 511 of 611 NovaScotiajreclamation31nbtgenou‘urbiborDaptheproz’inceofNovaScotiarecognizesthehistoricalinjusticesenduredbyIndigenouspeoplesduetocolonization,forcedassimilation,andsystemicinjustices.IndigenousSurvivorsDayonJune30providesanopportunitytoacknowledgetheresilience,strength,andculturalheritageofIndigenouscommunitieswhohaveperseveredthroughhistoricaltraumas.designatingJune30asIndigenousSurvivorsDaycreatesaplatformforhealing,education,anddialogue,raisingawarenessabouttheuniquestrugglesfacedbyIndigenouspeoples.tinsobservanceservesasasolemnreminderoftheongoingchallengesfacedbyIndigenouscommunitiesandhighlightstheimportanceofsupportingtheirculturalheritageandpromotingunderstanding.byimplementingIndigenousSurvivorsDayonJune30,theprovinceofNovaScotiademonstratesitscommitmenttohonoringIndigenoussurvivors,promotinghealing,andbuildingamoreequitableandinclusiveprovince.TimHouston,PremierofNovaScotia,doherebyproclaimJune30thtoheIi-i4tHonourableTimHouston,M.L.A.PremierofNovaScotiarSignedatHalfax,NovaScotiaWHEREASWHEREASWHEREASWHEREAS;WHEREAS;THEREFOREI,&AAA“IndigenousSurvivorsDay”intheProvinceofNovaScotia.4Page 512 of 611 EDWARD T. MCDERMOTT Integrity Commissioner City of Niagara Falls integrity@adr.ca December 10, 2024 Sent by email to: Bill Matson, City Clerk Clerk’s Office City of Niagara Falls 4310 Queen Street, Niagara Falls ON L2E 6X5 billmatson@niagarafalls.ca Re: City of Niagara Falls Integrity Commissioner Annual Report April 9, 2023- April 8, 2024- IC- 35251-1024 Dear Mr. Matson: Thank you for the opportunity to act as Integrity Commissioner (“IC”) for the City of Niagara Falls over the past year. In accordance with the terms of the Agreement between the City and ADR Chambers, pursuant to s. 223.6 (1) of the Municipal Act 2001, (“MA”) we are providing our Annual Report for the fifth operating period of the agreement covering the period April 9, 2023 - April 8, 2024. As you know, the IC’s role is to help Members of Council (“Members”) ensure that they are performing their functions in accordance with the City’s Code of Conduct (the “Code”) and the Municipal Conflict of Interest Act (“MCIA”). The Integrity Commissioner is available to educate and provide advice to Members on matters governing their ethical behavior and compliance with the Code in accordance with the Page 513 of 611 2 provisions of the MA, the MCIA and the Code. The Integrity Commissioner is also responsible for receiving, assessing, and investigating appropriate complaints made by Council, Members, and members of the public respecting alleged breaches of the Code (and now the ("MCIA") by Members. Activities of Integrity Commissioner during Year under Review The fifth year of our service to the City was, once again, a very active one as we undertook a number of significant (and protracted) matters within my jurisdiction and mandate as established by Council, the Municipal Act and the MCIA. As required by the Municipal Act and the Code, we provided full written responses to a number of Requests for Advice from Members of Council seeking advice with respect to their involvement in various fact scenarios which were presented to us. In addition, a significant amount of time was consumed in investigating, deciding and reporting to Council on four separate Complaints commenced against different Councillors and Council as a Whole. The results of the investigations into these matters were the subject of a full review with written and detailed reports to Council. No contraventions were found to have occurred. Costs The total costs incurred by the City during the period under review for the investigation and adjudication process as well as the responses to Requests for Advice and an Ombudsman Complaint (filed by a Complainant) amounted to $77,037.00 plus HST. While this amount was somewhat less than two of the previous three years, ($97,595.00 and $79,437.51 respectively) it was still somewhat more than what was incurred a year ago ($60,790.00 plus HST). Council was however advised in our last Annual Report that there were a number of matters in progress at the end of the previous year which were not included in the billings for that year but would fall with this year’s Report. On a positive note, I can advise that there has been a significant reduction of the matters referred to me (and costs) during the course of this current Reporting year. Between April 9, 2024 and the end of 2024, the amounts billed to the City by my Office have totaled $29,457.50 plus HST (the majority of which related to a matter that was in progress at the start of the period). Page 514 of 611 3 There are also no matters currently before me which involve any significant work in progress. One can accordingly reasonably expect that there will be a substantial reduction in billings to the City for work undertaken by the Office of the Integrity Commissioner for the current reporting year (April 9, 2024-April 8, 2025). Summary As Council has now been advised, after considerable reflection, I have determined to retire from all my IC mandates effective December 31, 2024 (almost 6 years since I was initially appointed to this Office by Council). It has been a pleasure to assist the City and all of its Members in contending with the numerous issues which have arisen in connection with the administration of its Code of Conduct and the MCIA over this period. Thank you for entrusting me with this significant responsibility. Yours very truly, Edward T. McDermott Integrity Commissioner, City of Niagara Falls Page 515 of 611 234-2024-5801 December 12, 2024 Dear Head of Council, I am pleased to inform you of the introduction of the proposed Municipal Accountability Act, 2024 on December 12, 2024, which, if passed, would make changes to the Municipal Act, 2001 and City of Toronto Act, 2006 to strengthen the municipal code of conduct and integrity commissioner framework. I appreciate the valuable feedback we have received from municipalities and share your commitment to safe and respectful workplaces. The proposed changes, if passed, would: • enable the creation of a standard municipal code of conduct and standard municipal integrity commissioner investigation processes to help ensure consistency across all Ontario municipalities; • create a role for the Integrity Commissioner of Ontario in municipal code of conduct and integrity commissioner matters, including providing training to municipal integrity commissioners; and • establish a mechanism to remove and disqualify members of council and certain local boards for a period of four years for the most serious code of conduct violations following a recommendation from the local integrity commissioner, a concurring report from the Integrity Commissioner of Ontario, and a unanimous vote of council. In the coming months, I will want to hear your feedback on the Bill as well as other matters regarding local accountability regimes. I look forward to seeing many of you at the upcoming Rural Ontario Municipal Association conference, where we will have the opportunity to discuss these changes and other matters of importance to your communities. If passed, important work to develop the regulations to support this new framework would lie ahead, and I remain committed to engaging with you throughout that process. Our intention is to have these changes in effect for the new term of councils beginning in Fall 2026 to ensure there is adequate opportunity for local implementation. …/2 Ministry of Municipal Affairs and Housing Office of the Minister 777 Bay Street, 17th Floor Toronto ON M7A 2J3 Tel.: 416 585-7000 Ministère des Affaires municipales et du Logement Bureau du ministre 777, rue Bay, 17e étage Toronto (Ontario) M7A 2J3 Tél. : 416 585-7000 Page 516 of 611 -2- For more information on these amendments, please see the news release. To share your comments on the proposed legislation, please see a posting on the Regulatory Registry that will be open for comments for 60 days. If you have any questions regarding these new provisions, please contact your local Municipal Services Office with the Ministry of Municipal Affairs and Housing. Sincerely, Hon. Paul Calandra Minister of Municipal Affairs and Housing c: Jessica Lippert, Chief of Staff Owen Macri, Deputy Chief of Staff Martha Greenberg, Deputy Minister Caspar Hall, Assistant Deputy Minister, Local Government Division Sean Fraser, Assistant Deputy Minister, Municipal Services Division Municipal Clerks and CAOs Page 517 of 611 Administration Office of the Regional Clerk 1815 Sir Isaac Brock Way, PO Box 1042, Thorold, ON L2V 4T7 Telephone: 905-980-6000 Toll-free: 1-800-263-7215 Fax: 905-687-4977 www.niagararegion.ca December 17, 2024 CL 17- 2024, December 12, 2024 BRCOTW 7-2024, December 5, 2024 Distribution List SENT ELECTRONICALLY Niagara Regional Police Service and Police Service Board 2025 Operating Budget Regional Council, at its meeting held on December 12, 2024, approved the following recommendation of its Budget Review Committee of the Whole: That Memorandum BRC-C 14-2024, dated December 5, 2024, respecting 2025 Proposed Operating Budget – Niagara Regional Police Service and Police Service Board Response to Budget Reduction Request, BE RECEIVED and the following BE APPROVED: 1. That Correspondence Item BRC-C 7-2024, dated November 5, 2024, respecting 2025 Proposed Operating Budget - Niagara Regional Police Service and Police Service Board, BE RECEIVED; 2. That Niagara Regional Council DIRECT the Regional Chair to write a letter to Premier Doug Ford and Solicitor General Michael Kerzner to request that the increase in the Niagara Regional Police Services operating budget of $10,323,969 (5.7%) as a result of the replacement of the Police Services Act with the Community Safety and Policing Act, be funded by the province, rather than through the tax levy funded by the property taxes of Niagara residents; and 3. That this motion and the letter written by the Regional Chair BE CIRCULATED to all 12 local area municipalities, Niagara’s four MPPs, the Association of Municipalities of Ontario (AMO), Ontario’s Inspectorate of Policing, and the Niagara Regional Police Service Board. A copy of the letter from the Regional Chair is attached to this letter. Yours truly, Ann-Marie Norio Regional Clerk CLK-C 2024-126 Page 518 of 611 Page 2 Distribution List: Local Area Municipalities Local MPPs Association of Municipalities of Ontario (AMO) Ontario Inspectorate of Policing Niagara Regional Police Service Board Page 519 of 611 Office of the Regional Chair | Jim Bradley 1815 Sir Isaac Brock Way, PO Box 1042 Thorold, ON L2V 4T7 Telephone: 905-980-6000 Toll-free: 1-800-263-7215 Fax: 905-685-6243 Email: jim.bradley@niagararegion.ca www.niagararegion.ca December 17, 2024 The Honourable Doug Ford Sent by e-mail: premier@ontario.ca Premier of Ontario Legislative Bldg Rm 281, Queen’s Park Toronto, ON M7A 1A1 Honourable Michael Kerzner, Solicitor General George Drew Building 18th Floor Sent by e-mail: michael.kerzner@ontario.ca 25 Grosvenor Street Toronto, ON M7A 1Y6 RE: Community Safety and Policing Act Impact on Property Taxpayers in Niagara Dear Premier Ford and Solicitor General Kerzner, As directed by Niagara Regional Council at its December 12 meeting, I am writing to you today to highlight the financial impact that the recently implemented Community Safety and Policing Act has had on property taxpayers in Niagara. Currently the Niagara Regional Police Service budget comprises nearly 40 per cent of Regional property taxes paid by Niagara residents. As part of its 2025 budget deliberations, Regional Council learned that the changes mandated by the Community Safety and Policing Act has directly resulted in $10 million in increased costs for the police service, which must be borne by property taxpayers in Niagara. I would like to make it clear that Regional Council strongly supports the positive changes made in the Community Safety and Policing Act, and places great value in the important work done in our community every day by frontline police officers. However, the costs associated with these changes, and the subsequent property tax increases the Region must make to cover them, are making it even more difficult for Niagara’s residents to pay their bills and are contributing to the unaffordability crisis affecting all our municipalities. As you are aware, municipalities have limited opportunities to generate the revenue for these significant changes, and as such, are faced with the choice to either make significant sacrifices to core municipal services or make significant increases to local property tax bills. Page 520 of 611 To: Premier Doug Ford Page 2 December 17, 2024 Hon. Michael Kerzner Re: Community Safety and Policing Act Impact on Property Taxpayers in Niagara Council would like to commend the Province of Ontario for recognizing the hardships these challenges are placing on municipalities, and for wisely proposing an additional $77 million to top up the police budgets in those municipalities serviced by the Ontario Provincial Police. However, it is important to recognize that municipalities who operate independent police services face these very same costs. In a letter to Solicitor General Kerzner dated December 7, the Ontario Association of Chiefs of Police (OACP) noted several concerns, including the unintended impact on municipal budgets, the difficulty navigating these service changes, local bargaining and wage increases, and a public perception of rising policing costs among the public, among others. Regional Council respectfully asks that the Province consider providing equal funding to Niagara Region and other municipalities to ensure police services across Ontario are able to fulfill the mandate of the Community Safety and Policing Act without placing additional financial burdens on property taxpayers. Our council also joins with the OACP in calling for more clarity from the government on equitable funding models available to all police services across the province and other long-term, sustainable solutions to address the financial challenges municipalities across our province are facing due to policing costs. I sincerely appreciate your consideration of this matter and look forward to your response. Sincerely, Jim Bradley, Chair Niagara Region cc: Niagara’s 12 Local Area Municipalities Sam Oosterhoff, MPP, Niagara West Jeff Burch, MPP, Niagara Centre Wayne Gates, MPP, Niagara Falls Jennifer (Jennie) Stevens, MPP, St. Catharines Association of Municipalities of Ontario (AMO) Ontario’s Inspectorate of Policing Niagara Region Police Services Board JB:bn Page 521 of 611 1 Heather Ruzylo To:Bill Matson Subject:RE: [EXTERNAL]-Natural Gas Policy Consultation From: Julie Alexander <Julie.Alexander@enbridge.com> Sent: Friday, December 20, 2024 3:14 PM To: Bill Matson <billmatson@niagarafalls.ca> Cc: Jason Burgess <jburgess@niagarafalls.ca> Subject: [EXTERNAL]-Natural Gas Policy Consultation Good aŌernoon Mayor DiodaƟ, I am reaching out today as Minister Lecce announced a provincial consultation process which launched this week around the continued role of natural gas in Ontario’s diversified energy portfolio, and its contributions to long-term system reliability, affordability, and economic growth. This consultation, which closes on January 16, 2025, will inform Ontario’s Natural Gas Policy Statement, and serve as a key input into the upcoming Integrated Energy Resource Plan. As you and your members know, this is a pivotal moment that will shape Ontario’s energy future. Our homes, hospitals, farms, and businesses benefit from a reliable, safe, affordable, and clean energy system. Enbridge’s natural gas network serves 3.9 million customers, and provides heat to 75 percent of Ontario’s residents, safely and reliably. Natural gas is also the backbone of Ontario’s energy supply mix, providing system reliability during peak demand times, supporting grid resilience as new industries come online, and working in concert with renewables and non-emitting resources to enable the electrification of key sectors. Ensuring a balanced, diverse, and secure system is vital with electricity demand forecasted to increase by 75 per cent by 2050. Natural gas is also a bridge to the future, with an extensive infrastructure network ready to deliver lower-carbon fuels, such as renewable natural gas and hydrogen. We believe a united voice for a strong energy mix, including natural gas, will achieve Ontario’s goals of a reliable, safe and affordable energy system, now and in the future.   Enbridge will be responding to all the consultation questions, and we wanted to share our messages (please see attached) with you as you consider your position for the government’s consultation.    Please be in touch if you have any questions. Happy holidays to you and your family, Julie Page 522 of 611 2 Canada’s Anti-Spam Legislation (CASL) requires Enbridge Gas Inc., to provide you with an option to unsubscribe from receiving commercial electronic messages (CEM) including certain emails promoting our services. If you wish to opt-out from receiving further commercial electronic messages, please Click here to unsubscribe. CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 523 of 611 Overarching Question:  • Natural gas is a key part of a balanced energy mix, allowing for a realistic transition to lower emissions while ensuring energy remains affordable and reliable. We agree with the government’s position that the Ontario Energy Board must ensure a rational expansion of the natural gas system to support housing and economic growth.   • Natural gas provides energy that can support municipalities during power outages or when demand is high, improving municipal reliability.  • Ontario needs an all-of-the-above approach to integrated planning. The government must ensure that all households and businesses have the necessary flexibility to meet their energy needs according to their budget and timelines.      • We need to ensure that Ontario households and businesses keep warm and safe, especially during extreme cold weather, as there is no proven, secure alternative available to meet peak winter demand. • Maintaining a low-cost, resilient underground energy infrastructure is crucial in delivering reliable and clean power. Ensuring a sustainable future for Ontario's families and industries is imperative. Natural gas is an unmatched energy source that provides twice the energy and four to five times the maximum electricity capacity at a quarter of the cost.  • Electricity capacity is a concern and we need to ensure that Ontario’s energy system is ready to meet this important moment by ensuring that all forms of energy.   Affordability/ Reliability:  • According to Statistics Canada, Ontario has among the lowest rates of energy poverty in Canada, compared to Atlantic provinces who are mainly heated by electricity and propane and oil. Natural gas is an affordable and safe way to heat Ontario’s homes.  • Natural gas provides municipalities with a stable and affordable energy source, which helps keep taxes lower for residents, business and public buildings like schools and hospitals.    • Natural gas delivers four to five times the maximum capacity of the electricity system at a quarter of the cost and is much less affected by climate events, thus strengthening reliability.   • Natural gas’ underground infrastructure means that it is not affected by storms that can disrupt customers. Burying electricity assets is expensive. According to BC Hydro, burying electricity lines can cost up to 10 times more than building overhead infrastructure.  Capacity / Economic Growth:  • Municipalities continue to attract investors to their jurisdictions. Providing investors flexibility is essential to attracting new businesses. Not all industries can fully electrify (steel, concrete). Further, not all manufacturers are willing to take a risk on a sole source of energy. Ensuring a balanced energy mix gives investors the flexibility they need for their timelines, resilience and balance sheets.   • Ontario communities need housing now and the province has several ‘high-growth’ areas that need more energy capacity immediately. These communities cannot wait for the electricity grid alone to support them. They need to ensure that their regions and municipalities can meet the energy needs of today.    Page 524 of 611 CAO/HUMAN RESOURCES Inter-Departmental Memo To: Bill Matson January 14, 2025 City Clerk From: Jay MacLean Senior Manager of Human Resources Re: Land Acknowledgments and Canadian National Anthem at City Council Meetings The City of Niagara Falls Diversity, Equity and Inclusion (DEI) Advisory Committee had their regular scheduled meeting on Monday, November 25th, 2024. At this meeting, the committee had a thorough discussion on how to make Land Acknowledgements at formal meetings, events and gatherings more meaningful. The discussion then led to questions regarding in which order a Land Acknowledgement should take place. For example, should the Land Acknowledgement be made before the Canadian National Anthem. While the DEI committee is not aware of any official government protocol regarding the order of Land Acknowledgements, National Anthems, and Indigenous Welcomes, the Association of Municipalities of Ontario (AMO), has developed guidelines on Traditional Land Acknowledgement Statements. These guidelines can be found on their website at the following link: https://www.amo.on.ca/policy/municipal-governance-indigenous-relations/guidance- traditional-land-acknowledgement In the opening paragraph of this resource, AMO advises Land Acknowledgement Statements are typically made at the introduction of meetings, gatherings, events, or presentations. Some are featured on organization websites or event description pages and they are commonly modelled after Indigenous protocols. At present, Land Acknowledgements are made at the beginning of each City Council meeting as well as many other official events, meetings and gatherings. In addition, there is also an Indigenous Welcome video which is played at the beginning of City Council meetings. The current order at City Council meetings is the following: Canadian National Anthem, followed by an Indigenous Welcome video which is then followed by a Land Acknowledgment. At the November 25th, 2024, DEI Advisory committee meeting, the members made a formal motion regarding the order of Land Acknowledgements made at City events, meetings and gatherings. The formal motion was as follows: “A motion from Committee Member (Brian Kon) and seconded by Committee Member (Sheila DeLuca), for the order at the beginning of Council meetings be changed to the following”: Page 525 of 611 CAO/HUMAN RESOURCES 1. Indigenous Welcome Video 2. Land Acknowledgment 3. Canadian National Anthem The motion was carried unanimously by the committee at their meeting. Councilor Patel did abstain from voting as she advised the matter would be discussed further at an upcoming Council meeting. As previously mentioned, the DEI committee is unaware of any official government protocol regarding which is performed first, Land Acknowledgement or the Canadian National Anthem. The committee feels having the Land Acknowledgement done first before the Canadian National Anthem at Council meetings would be a respectful gesture to the Indigenous community and assist with their efforts in attempting to make Land Acknowledgements more meaningful at the City of Niagara Falls. Respectfully, Jay R. MacLean M.Ed., BA (Hons), CMM III Senior Manager of Human Resources CAO / Human Resources Division Page 526 of 611 The City of Niagara Falls, Ontario Resolution January 14, 2025 No. 01 Moved by: Councillor Seconded by: Councillor WHEREAS the Government of Ontario has launched the ChargeON Program to support the installation of electric vehicle (EV) charging infrastructure in municipalities across the province; and WHEREAS the ChargeON Program provides financial support for municipalities to increase the number of publicly accessible EV charging stations, contributing to the province's goals of reducing greenhouse gas emissions, promoting sustainability, and advancing clean energy; and WHEREAS the City of Niagara Falls recognizes the importance of supporting electric vehicle adoption and enhancing infrastructure to meet the growing demand for EV charging options; and WHEREAS the City of Niagara Falls has been successful in securing funding in 8 out of 11 applications, totaling over $1,657,500 in grant funding for the installation of EV charging stations within the community; and WHEREAS the ChargeON Program offers funding that will cover a portion of the costs associated with purchasing and installing EV chargers, making the transition to cleaner energy more feasible and accessible for local residents, businesses, and visitors; and WHEREAS staff recommends that Council accept the funding to further the municipality's environmental goals and enhance local EV infrastructure. NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Niagara Falls: Page 527 of 611 1. Accept the funding offered by the Province of Ontario through the ChargeON Program for the installation of electric vehicle charging stations within the City of Niagara Falls, as outlined in the application. 2. Authorize the Mayor and Clerk to execute any necessary agreements, documentation, or contracts required to secure and implement the funding and to ensure compliance with all terms and conditions of the ChargeON Program. AND BE IT FURTHER RESOLVED THAT a copy of this resolution be forwarded to the appropriate provincial authorities overseeing the ChargeON Program for their records. AND The Seal of the Corporation be hereto affixed. ........................................................... ............................................................. WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 528 of 611 The City of Niagara Falls, Ontario Resolution January 14, 2025 No. 02 Moved by: Seconded by: WHEREAS subsection 34(13) of the Planning Act, 1990 R.S.O requires written notice of the public meeting to be given to prescribed persons and public bodies, in the prescribed manner, and accompanied by the prescribed information; and WHEREAS notice was given to the prescribed persons and public bodies, in the prescribed manner, for the public meeting held by Council on October 1st, 2024, to consider an Official Plan Amendment and Zoning By-law Amendment application by Hennepin Realty Holdings Inc. & Hennepin’s View (“the applicants”) to permit the use of 6546 Fallsview Boulevard for a 58-storey (200-metre) mixed-use development, and 6503-6519 Stanley Avenue for a 7-storey (19.5-metre) parking garage; and WHEREAS Council approved the recommendations of Report No. PBD-2024-43, as modified, on October 1st, 2024; and WHEREAS since that time, it was identified by the applicant that a maximum building height of 20.5 metres (a 1-metre increase) is required for the proposed 7-storey parking garage to provide flexibility at the detailed design stage, that relief is required to exempt additional architectural features and building components (gazebos, canopies, parapets, railings, stair enclosures, and wind screens) from the height regulations, and that relief is required to address the 2.35-metre projection of balconies, which were depicted on the floor plans that were submitted with the application and presented to Council and the public on October 1st, 2024; and WHEREAS notwithstanding the requirement for the written notice of a public meeting, subsection 34(17) of the Planning Act, 1990 R.S.O allows a municipality to deem such requested changes minor and determine that no further notice is required to be given by passing a resolution; and WHEREAS City Staff and the applicant request that Council considers passing a resolution that would deem the giving of further notice as final and that no further notice is required to be given; and WHEREAS Council determined that the proposed changes to By-law No. 2025-002 is minor and does not require further notice to be given. THEREFORE, BE IT RESOLVED that subject to subsection 34(17) of the Planning Act, 1990 R.S.O Council deems the changes to By-law No. 2025-002 minor and exempts the requirement for further written notice. Page 529 of 611 The City of Niagara Falls, Ontario AND The Seal of the Corporation be hereto affixed. ........................................................... ............................................................. WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 530 of 611 1 Heather Ruzylo Subject:Councillor Nieuwesteeg - notices of motion Notice of Motion RE: maximizing parking at the Exchange and NF History Museum For Tuesday, December 10th  Whereas the Exchange provides a much-needed element of culture in the City and is a great benefit to the residents, but parking challenges for events there have been identified.  Whereas residents and visitors to the location have expressed they are discouraged with the parking situation since the Exchange has been up and running alongside the Museum.  Whereas the Exchange was intended to house a farmer’s market and City Council voted to move the market location, with one of the reasons cited as insufficient parking.  Whereas the 10,000 square foot event space in the Exchange and adjacent Niagara Falls History Museum (Museum) require parking to be maximized to get the most out of these venues.  Whereas challenges with parking create a poor customer experience that translates into declining attendance numbers and could impact event rentals.  Whereas attendees look for parking elsewhere and often infringe on parking lots and spaces of neighbouring business properties.  Whereas businesses and neighbours are bearing the brunt of the parking overflow challenges.  Whereas the Main and Ferry BIA has identified that there has long been an issue with parking in the area, years before the Exchange was added and parking was further limited.  Whereas advertised parking spaces on the website within a 5-minute walk does not paint an accurate picture for event-goers.  Whereas other factors need to be considered that deter visitors from parking at suggested off-site lots including accessibility, walking distance for older adults or families with young children, feeling of safety and security in the neighbourhood, winter and other weather events.  Whereas there are options that can be considered to maximize parking on-site.  Whereas at larger events, shuttle service could be explored between nearby lots to address some of the concerns of parking at off-site lots.  Whereas every opportunity to maximize parking seasonally including removing snow from the site instead of piling it there to cover any available spots should be considered.  Whereas there is a loading dock and surrounding area that is minimally used and space allocation could be revisited. Page 531 of 611 2  Whereas the parking lot design of the Exchange includes unnecessary curbs and plantings (park- like design/ where parking needed).  Whereas attached photos indicate some of the curbs in question.  Whereas decorative curbs can cause seasonal driving obstacles, for example when covered in snow.  Whereas redesigning decorative curbs and plantings could recoup additional parking spaces on- site.  Whereas when events are on, all thoroughfares and access to facilities should be opened for traffic to move freely.  Whereas street closures during events should be strongly discouraged as they create a perception of added inaccessibility to get close to the facility.  Whereas Niagara Region Transit has opted to move the bus stop away from the front of the Museum, freeing up valuable on-street space that had been used for busses to stop.  Whereas transit changes have created opportunities for more on-street parking in front and adjacent to this location that should be explored.  Whereas other innovative and creative solutions and best practices should be explored.  Whereas the silver lining with the move of the market to transform the Exchange into an opportune event venue, should not be hindered by parking but instead should serve to enhance the venue. THEREFORE BE IT RESOLVED:  The City of Niagara Falls utilize and maximize all on-site parking and surrounding street parking to enhance the Exchange and Museum and to redesign the parking lot to maximize the number of parking spaces and that this be done as soon as possible to better serve the users of the facility. Page 532 of 611 1 Heather Ruzylo Subject:NOTICE OF MOTION - From Councillor Nieuwesteeg - Naming March Youth Empowerment Month Notice of Motion RE: Naming March Youth Empowerment Month For Tuesday, December 10th  Whereas youth make up nearly one fifth of the population of our community.  Whereas our youth are the future of our City and will be leading us into the next decade.  Whereas the young people of the day need to be empowered to make decisions in governance and community engagement.  Whereas the representatives of our Mayor’s Youth Advisory Committee reach out to make a difference in the community and empower others.  Whereas our support of the youth is a meaningful part of empowering them to learn and develop leadership skills that will benefit them for the rest of their lives.  Whereas empowered youth give back and have a positive impact on our community. THEREFORE BE IT RESOLVED:  The City of Niagara Falls recognize March as Youth Empowerment Month. Page 533 of 611 CITY OF NIAGARA FALLS By-law No. 2025-001 A by-law to provide for the adoption of Amendment No. 176 to the City of Niagara Falls Official Plan (AM-2024-003). 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. 176 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 14th day of January, 2025. ........................................................ ...................................................... BILL MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 534 of 611 OFFICIAL PLAN AMENDMENT NO. 176 PART 1 – PREAMBLE (i) Purpose of the Amendment The purpose of the amendment is to allow for the development of a mixed-use building consisting of two towers with maximum building heights of 58 storeys, exclusive of mechanical penthouses. (ii) Location of the Amendment The amendment applies to the lands identified as “Subject to Policy 4.6.11(l)” on Map 1 to Amendment No. 176. (iii) Details of the Amendment Map Changes Figure 4 of PART 2, SECTION 4 – TOURIST COMMERCIAL of the Official Plan is amended to identify the lands as “Subject to Policy 4.6.11(l)”. Text Change PART 2, SECTION 4 – TOURIST COMMERCIAL, SUBSECTION 4.6.11 – OFFICIAL PLAN AMENDMENT, is amended by the addition of Subsection l). (iv) Basis of the Amendment The applicant proposes to develop a mixed-use building consisting of two towers with maximum building heights of 58 storeys, exclusive of mechanical penthouses. The subject lands are designated Tourist Commercial as shown on Schedule “A” to the Official Plan - Future Land Use. Further, the lands are located within the Fallsview Tourist Subdistrict. The amendment meets the intent of the Official Plan as the development will be located in an area of the City that is envisioned for high-rise development and large scale accommodations, entertainment, retail, and cultural attractions. Further, the development will not produce adverse microclimatic impacts and will conform with the architectural design principles of the Official Plan, including the provision of a distinct and interesting roof feature, appropriate setbacks and stepbacks, and a positive building base. A Holding (H) symbol will be implemented through an amending Zoning By-law to ensure that matters relating to wind comfort, safety and mitigation, transportation impacts, archaeological resource discovery, and tree preservation and protection are addressed. Page 535 of 611 PART 2 - BODY OF THE AMENDMENT All of this part of the document entitled PART 2 - BODY OF THE AMENDMENT, consisting of the following text and attached map, constitute Amendment No. 176 to the Official Plan of the City of Niagara Falls. DETAILS OF THE AMENDMENT The Official Plan of the City of Niagara Falls is hereby amended as follows: 1. MAP CHANGE The "Area Affected by this Amendment", shown on the map attached hereto, entitled "Map 1 to Amendment No. 176", shall be identified as “Subject to Policy 4.6.11(l)” on Figure 4 of PART 2, SECTION 4 – TOURIST COMMERCIAL of the Official Plan. 2. TEXT CHANGE a. PART 2, SECTION 4 – TOURIST COMMERCIAL, SUBSECTION 4.6.11 – OFFICIAL PLAN AMENDMENT is hereby amended by adding the following Subsection: l) Notwithstanding the policies of Part 2, Sections 4.4.2 and 4.4.3, Council may pass an amending Zoning By-law to permit a mixed-use development consisting of two towers with maximum building heights of 58 storeys, exclusive of mechanical penthouses. To accommodate a roof feature, 2 additional storeys, for a total of 60 storeys may be considered without an amendment to this Plan, subject to the submission of a Quantitative Wind Study, an updated Shadow Study, an updated Mist Study, and an updated Visual Impact Assessment. Parking may be provided off-site, in part, at 6503- 6519 Stanley Avenue. The amending By-law shall specifically regulate the development in terms of permitted uses, building heights and number of storeys, building setbacks, tower separation, lot area, location of parking, floor area, and loading areas. Further, the amending By-law shall require the building to have a distinct and defined roof feature, which is to be designed to the satisfaction of the General Manager of Planning, Building and Development. The amending By-law shall include a Holding (H) provision to require the submission of a Quantitative Wind Study, the submission of an updated Transportation Impact Study and Terms of Reference, the inclusion of warning clauses with Page 536 of 611 respect to the discovery of archaeological resources in future Site Plan and/or Condominium Agreements, and the implementation of recommendations related to tree preservation and protection through future Site Plan and/or Condominium Agreements. Page 537 of 611 Page 538 of 611 CITY OF NIAGARA FALLS By-law No. 2025-002 A by-law to amend By-law No. 79-200 to permit the use of the Lands (6546 Fallsview Boulevard and 6503-6519 Stanley Avenue) for a 58-storey (200 metre) mixed-use development consisting of two towers and a 7-storey (19.5 metre) building containing off- site parking, respectively, subject to the removal of Holding (H) symbols and a sunset clause, and to repeal By-law No. 1988-133 and By-law No. 2002-210 from Parcel TC(H)- 1271 (AM-2024-003). 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, 2 and 3 of this by-law and shall be referred to in this by- law as the “Lands”. Schedules 1, 2 and 3 are a part of this by-law. 2. The Lands shall be identified as two parcels, known as Parcels TC(H)-1271 and TC(H)-1272. 3. The purpose of this by-law is to amend the provisions of By-law No. 79-200, to permit the use of the Lands in a manner that would otherwise be prohibited by 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. 4. Notwithstanding any provision of By-law No. 79-200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 5. The permitted uses shall be: (a) For Parcel TC(H)-1271, the uses permitted in the TC zone; and (b) For Parcel TC(H)-1272, the uses permitted in the TC zone and off-site parking for Parcel TC(H)-1271. 6. The regulations governing the permitted uses on Parcel TC(H)-1271 shall be: (a) Maximum lot coverage (b) Location of the various components of the buildings or structures on the Lands, their maximum height, maximum number of storeys and minimum yards none Refer to the plan on Schedule 2 of this by-law and clauses (d) and (e) of this section Page 539 of 611 2 (c) Maximum projection of a balcony into a required yard (d) Maximum height of buildings or structures (i) Porte-cochѐre, as shown on the plan Schedule 2 attached hereto (ii) Podium, as shown on the plan Schedule 2 attached hereto (iii) Towers, as shown on the plan Schedule 2 attached hereto (e) Roof feature (f) Minimum number of loading spaces (g) Maximum floor area (h) Location of parking 2.35 metres 7 metres as measured from Geodetic Elevation 200.2 metres and a maximum of 1 storey 37 metres as measured from Geodetic Elevation 200.2 metres and a maximum of 6 storeys, not including the mechanical penthouse, gazebos, canopies, parapets, railings, stair enclosures, and wind screens 200 metres as measured from Geodetic Elevation 200.2 metres and a maximum of 58 storeys, not including the mechanical penthouse, gazebos, canopies, parapets, railings, stair enclosures, and wind screens A building shall have a roof feature which has a minimum height of 11 metres above the top storey. The roof feature shall be a distinct and defined architectural element of the building that enhances the skyline. The roof feature shall be designed to the satisfaction of the General Manager of Planning, Building and Development. 2 loading spaces with a minimum width of 3 metres and a minimum length of 9 metres 1 loading space with a minimum width of 3.5 metres and a minimum length of 6 metres 143,000 square metres A minimum of 261 required parking spaces shall be provided on Parcel Page 540 of 611 3 TC(H)-1271, with the remainder of the required parking spaces to be provided on Parcel TC(H)-1272 (j) The balance of regulations specified for a TC use. 7. The regulations governing the permitted uses on Parcel TC(H)-1272 shall be: (a) Location of the various components of the buildings or structures on the Lands, their maximum height and maximum number of storeys and minimum yards (b) Maximum height of buildings or structures (c) Minimum Landscaping (d) Parking Refer to the plan on Schedule 3 of this by-law and clause (b) of this section 20.5 metres and a maximum of 7 storeys 3.0 metre wide landscape open space strip adjacent and parallel to the Stanley Avenue and Dixon Street rights-of-way, except that part thereof crossed by an access driveway or sidewalk Required parking spaces that cannot be provided on Parcel TC(H)-1271 shall be provided on Parcel TC(H)-1272 (e) The balance of regulations specified for a TC use. 8. For the purposes of this by-law: “Roof feature” means a distinct architectural element erected above the top storey and shall be provided for the purpose of enhancing the design of a building and may consist of and enclose any roof mounted mechanical equipment, mechanical penthouses, or other similar elements. Notwithstanding Section 4.7 of By-law No. 79-200, and except for any flagpoles, or other similar decorative roof features, and radio, telephone, television or telecommunication towers or antennae, no water tank, elevator or other mechanical penthouse shall have a height greater than the roof feature unless cladded to be aesthetically consistent with the roof feature. 9. 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. 10. No person shall use the Lands for a use that is not a permitted use. 11. No person shall use the Lands in a manner that is contrary to the regulations. Page 541 of 611 4 12. The Holding (H) symbols that appear on Schedule 1 attached hereto are provided for in the City of Niagara Falls Official Plan pursuant to Section 36 of the Planning Act. No person shall use the Parcel described TC(H) and numbered 1271 on the plan Schedule 1 attached hereto for any purpose, prior to the H symbol being removed pursuant to the Planning Act. Prior to the H symbol being removed, the landowner or developer shall: • Submit a Quantitative Wind Study to the satisfaction of the City, demonstrating no unsafe or uncomfortable wind conditions and/or the effectiveness of proposed mitigation measures; • Submit an updated Transportation Impact Study and Terms of Reference to the satisfaction of the City; • Include standard archaeological warning clauses with respect to the discovery of deeply buried archaeological resources in future Site Plan and/or Condominium Agreements to the satisfaction of the City and the Regional Municipality of Niagara; and • Implement the recommendations of the Arborist Report and Tree Protection Plan, prepared by NAK Design Group and dated February 6th, 2024 through future Site Plan and/or Condominium Agreements to the satisfaction of the City. 13. The Holding (H) symbols that appears on Schedule 1 attached hereto are provided for in the City of Niagara Falls Official Plan pursuant to Section 36 of the Planning Act. No person shall use the Parcel described TC(H) and numbered 1272 on the plan Schedule 1 attached hereto for any purpose, prior to the H symbol being removed pursuant to the Planning Act. Prior to the H symbol being removed, the landowner or developer shall: • Submit an updated Transportation Impact Study and Terms of Reference to the satisfaction of the City; • Include standard archaeological warning clauses with respect to the discovery of deeply buried archaeological resources in future Site Plan and/or Condominium Agreements to the satisfaction of the City and the Regional Municipality of Niagara; and • Implement the recommendations of the Arborist Report and Tree Protection Plan, prepared by NAK Design Group and dated February 12th, 2024 through future Site Plan and/or Condominium Agreements to the satisfaction of the City. 14. The provisions of this by-law shall be shown on Sheet D5 of Schedule “A” of By- law No. 79-200 by redesignating a portion of the Lands from TC and numbered Page 542 of 611 5 599, in part, and P and numbered 599, in part, to TC(H) and numbered 1271, and by redesignating a portion of the Lands from TC to TC(H) and numbered 1272. 15. Should the owner of the Lands not execute a Site Plan Agreement or receive Draft Plan of Condominium approval to the satisfaction of the City within 4 years of this by-law coming into effect, then this by-law shall be deemed to be repealed and the zoning of Parcel TC(H)-1271 and Parcel TC(H)-1272 shall be of no force and effect in which case the zoning of the Lands prior to this by-law coming into effect shall be deemed to be immediately reinstated, including any by-laws or parts of by-laws which may have been repealed by this by-law. 16. Notwithstanding clause 15 above, the approval of this by-law may be extended by 2 years at the discretion of the General Manager of Planning, Building and Development. 17. Section 19 of By-law No. 79-200 is amended by adding thereto: 19.1.1271 Refer to By-law No. 2025-002. 19.1.1272 Refer to By-law No. 2025-002. 18. By-law No. 1988-133 is hereby repealed from Parcel TC(H)-1271. 19. By-law No. 2002-210 is hereby repealed from Parcel TC(H)-1271 and Section 19.1.599 of By-law No. 79-200 is deleted. Read a First, Second and Third time; passed, signed and sealed in open Council this 14th day of January 2025. ....................................................................... ..................................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 543 of 611 Page 544 of 611 Page 545 of 611 Page 546 of 611 A by-law to provide for the adoption of Amendment No. 177 to the City of Niagara Falls Official Plan (AM-2024-036). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS, IN ACCORDANCE WITH THE PLANNING ACT, 1990, AND THE REGIONAL MUNICIPALITY OF NIAGARA ACT, HEREBY ENACT AS FOLLOWS: 1. Amendment No. 177 to the City of Niagara Falls Official Plan, constituting the attached text and maps, is hereby adopted. Read a First, Second and Third time; passed, signed and sealed in open Council this 14th day of January, 2025. ........................................................ ...................................................... BILL MATSON, CITY CLERK JAMES M. DIODATI, MAYOR CITY OF NIAGARA FALLS By-law No. 2025-003 Page 547 of 611 OFFICIAL PLAN AMENDMENT NO. 177 PART 1 – PREAMBLE (i) Purpose of the Amendment The purpose of the amendment is to allow for the development of: • residential use building(s) up to a maximum of twenty (20) storeys in height located on the south side of Park Street between Crysler Avenue and St. Clair Avenue (approximately 0.56 hectares in size) as shown in Map 1 of Amendment No. 177; and, • mixed-use building(s) up to a maximum of twenty (20) storeys in height located on the south side of Queen Street west of Zimmerman Avenue (approximately 0.41 hectares in size) as shown in Map 2 of Amendment No. 177. (ii) Location of the Amendment The amendment applies to lands shown as Special Policy Area 102 on Schedule A5 to the Official Plan-Transit Station Area. (iii) Details of the Amendment Map Changes Schedule A5 to the Official Plan – Transit Station Area has been amended to show the Mixed Use 1 Downtown designation with Special Policy Area 102 for the subject lands identified on Maps 1 and 2; and, the “Proposed Change” land, shown on Map 2, shall be redesignated from Open Space to Mixed Use 1 Downtown as it forms part of the existing parking lot and is not part of the park. Text Change PART 2, SECTION 13 – SPECIAL POLICY AREAS, is amended by the addition of Subsection 13.102. PART 5, SECTION 2 SUBSECTION 2.12 SPECIAL AREA DESIGNATIONS, is amended by the addition of: • Special Policy Area “102” (see PART 2 SECTION 13.102). (iv) Basis of the Amendment The applicant (City of Niagara Falls) proposes to permit development of: Page 548 of 611 • residential use building(s) up to a maximum of twenty (20) storeys on 0.56 hectares on the subject property legally known as PIN 64328- 0050 (LT) Lots 1-8 and Part Lot 9 Block BB Plan 999-1000 as in RO183817, S/T NF31591 & RO215677, City of Niagara Falls; and, • mixed-use building(s) up to a maximum of twenty (20) storeys in height located on the subject property legally known as Part of PIN 64328-0197 (LT) and All of PIN 64328-0198 (LT) Part of Lots 5 & 11, Block F Plan 999 and 1000, Part of Township Lot 93, Stamford, being Part 1 on 59R-18256; Part of Lots 5, 10, 11, Block F, Plan 999-1000 and Part of Township Lot 93, Stamford, being Part 2 on 59R-18256; Part of Lot 11, Block F, Plan 999 and 1000, being Parts 3 and 4 on 59R-18256; Part of Lots 2, 3, 7, 8, 10 & 11, Block F, Plan 999-1000, Lot 9, Block F, Plan 999 and 1000, being Part 5 on 59R-18256. The lands known as 4500 Park Street are designated Mixed Use 1 Downtown and the lands known as 4200 Queen Street are designated Mixed Use 1 Downtown, in part, and Open Space, in part, as shown on Schedule A5 to the Official Plan- Transit Station Secondary Plan. The amendment will redesignate a portion of the lands known as 4200 Queen Street, depicted as “Proposed Change” in Map 2, from Open Space to Mixed Use 1 Downtown. The redesignation is appropriate as the entire legal parcel is to be developed for high density mixed use and the part currently designated Open Space forms part of the parking lot. The amendment meets the intent of the Official Plan as the area, identified as a strategic growth area, is suitable for intensification and the buildings are to be either setback, stepped back, or articulated in form to lessen the impact of height and massing. The increase in height will be appropriate as the lands are within an area targeted for intensification due to their proximity to the GO Transit Station. The proposed developments will contribute to the overall density target of 150 people and jobs per hectare for the Transit Station Secondary Plan Area. PART 2 – BODY OF THE AMENDMENT All of this part of the document entitled PART 2 – BODY OF THE AMENDMENT, consisting of the following Mapping Changes and Text Changes, constitute Amendment No. 177 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: Page 549 of 611 1. MAP CHANGES The “Areas Affected by this Amendment”, shown on the maps attached hereto, entitled “Map 1 to Amendment 177”, and “Map 2 to Amendment 177” shall be identified as Special Policy Area 102 on Schedule A5 to the Official Plan-Transit Station Area. 2. TEXT CHANGES PART 2, SECTION 13 –SPECIAL POLICY AREAS, is hereby amended by adding the following subsection: 13.102 Special Policy Area “102” applies to: • land located on the south side of Park Street between Crysler Avenue and St. Clair Avenue (approximately 0.56 hectares) as shown on Map 1 of Amendment No. 177; and, • land located on the south side of Queen Street west of Zimmerman Avenue (approximately 0.41 hectares) as shown on Map 2 of Amendment No. 177. The following policies in Part 5 Secondary Plans Section 2 Transit Station Secondary Plan are not applicable to the lands shown in Maps 1 and 2 of Amendment No. 177: Sections 3.8, 3.9, 3.13.4.1, 3.13.5.1 b), c), h) and l), 3.13.5.4, 3.13.7.1 b) and c), 3.13.8.1, 3.13.10.2 a), f), g), and j), 3.13.10.3 a) and b), and 3.13.12.3 f). The following figure and schedule in Part 5 Secondary Plans Section 2 Transit Station Secondary Plan are not applicable to the lands shown in Maps 1 and 2 of Amendment No. 177: Figure 12- Planned Active Transportation Network and Schedule C-1- Public Realm Improvement Strategy. Despite the height illustrated in Schedule A-2(a) of the Transit Station Secondary Plan, the residential use building(s) on the land shown on Map 1 of Amendment No. 177, and mixed-use building(s) on the land as shown on Map 2 of Amendment No. 177, shall be permitted to have a height up to a maximum of twenty (20) storeys subject to the following policies: 13.102.1 In addition to the requirements of Sections 2.4.1 and 2.4.4, the land on the south side of Park Street between Crysler Avenue and St. Clair Avenue (approximately 0.56 hectares), may have Page 550 of 611 stand-alone residential uses provided that residential uses on the ground floor do not exceed a maximum of 50% of the total ground floor area and provided dwelling units do not front onto the street. Residential amenity uses, such as lobby and communal use rooms, may be permitted on the ground floor. 13.102.2 In addition to the requirements of Section 2.4.1, the land on the south side of Queen Street west of Zimmerman Avenue (approximately 0.41 hectares), may permit residential amenity uses and student residence amenity uses, such as lobby and communal use rooms, on the ground floor. 13.102.3 In addition to the permitted uses of Section 2.4.2, the land located on the south side of Queen Street west of Zimmerman Avenue (approximately 0.41 hectares), may permit student residence and private or public school. 13.102.4 Finishing material (i.e. brick, siding/cladding, stucco) shall be applied to the most outer, visible layer in building construction to all exterior walls facing a public street and land used for open space/park. 13.102.5 Vehicular access to on-site structured parking, loading, and servicing shall be located from side streets and rear lanes. 13.102.6 Surface parking areas shall be located at the rear or side yard of a building and shall not be placed between the front face of a building and the sidewalk. 13.102.7 Structured parking shall be located at the rear or side yard of the building and shall be appropriately screened along the sidewalk interface and upper storeys shall be screened from view from the public street. 13.102.8 Driveways to surface parking areas shall be from rear lanes and side streets. 13.102.9 Clear dedicated pedestrian routes should provide direct connections from parking areas to building Page 551 of 611 entrances. 13.102.10 The land located on the south side of Queen Street west of Zimmerman Avenue (approximately 0.41 hectares) shall provide a minimum rear yard setback from the abutting property line as detailed in the City’s Zoning By-law to provide for separation from the listed property on the City’s Municipal Heritage Register. 13.102.11 New development is encouraged to have glazing on the ground floor of the building to allow views of indoor uses and to create visual interest for pedestrians. 13.102.12 New development that has a building wall 15 storeys or less in height shall provide at least one form of articulation on the entirety of the building wall between the first and fourth storeys and between the fourth and fifteenth storeys. In addition, new development may use different building material treatment and colour to provide variety to the building’s built form. New development that has a building wall greater than 15 storeys in height shall provide a minimum stepback on the entirety of the building wall for all storeys above the 4th storey as detailed in the City’s Zoning By-law to create a human-scaled building at grade. 13.102.13 New development shall provide adequate separation between towers on the same lot. 13.102.14 New development shall provide a roof top feature that is complementary to the building’s architecture. 13.102.15 New residential or student residence development shall provide communal indoor and/or outdoor amenity space. Page 552 of 611 PART 3 ENVIRONMENTAL MANAGEMENT SECTION 1 MUNICIPAL INFRASTRUCTURE Section 1.5.34 is hereby amended as follows: Road From To Collector Queen Street Victoria Avenue River Road Amend 23 to 20. APPENDIX 1- DEFINITIONS is hereby amended by adding the following text: “Articulation” Means the stepping out and/or recessing of a balcony, roof, awnings, columns, cornices or external wall of a building in plan and in section. “Building wall” Means a vertical surface that forms the exterior façade of a building. “Public school” Means a body of students enrolled in any elementary, secondary, or post-secondary courses of study in an educational institution operated by the Government of Ontario. “Private school” Means a body of students enrolled in any elementary, secondary, or post-secondary courses of study in an educational institution not operated by the Government of Ontario. “Roof feature” Means a distinct architectural element erected above the top storey and shall be provided for the purposes of enhancing the design of the buildings and may consist of an enclose any roof mounted mechanical equipment, mechanical penthouse or other similar elements. Notwithstanding section 4.7 of By-law No. 79-200, and except for any flagpoles, or other similar decorative roof features, and radio, telephone, television or telecommunication towers or antennae, no watertank, elevator, or other mechanical penthouse shall have a height greater than the roof feature. “Student” Means an individual registered in a public school or private school. “Student residence” Means a building or part thereof used for the housing of students within dwelling units that may consist of independent bedrooms, independent or shared washroom facilities, independent or shared kitchen and dining facilities and common indoor and outdoor amenity areas. Page 553 of 611 Page 554 of 611 Page 555 of 611 CITY OF NIAGARA FALLS By-law No. 2025- 004 A by-law to amend By-law No. 79-200, to permit the use of the Lands for a 20 storey residential use development (AM-2024-036). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by-law are described in Schedule 1 of this by-law and shall be referred to in this by-law as the “Lands”. Schedule 1 is a part of this by-law. 2. The purpose of this by-law is to amend the provisions of By-law No. 79-200, to permit the use of the Lands in a manner that would otherwise be prohibited by that by-law. In the case of any conflict between a specific provision of this by-law and any existing provision of By-law No. 79-200, the provisions of this by-law are to prevail. 3. Notwithstanding any provision of By-law No. 79-200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 4. The permitted uses shall be: (a) The uses permitted in the CB4 zone (b) Dwelling units, except entrances, lobby, amenity area, may be located above the ground floor, and may be located on the ground floor to a maximum of 50% of the total ground floor area provided such dwelling units do not front onto the street. 5. Despite the regulations listed in section 8.5.2.D of By-law No. 79-200, the regulations governing the permitted uses shall be: (a) For the purposes of this by-law Park Street is the front lot line. (b) Minimum lot frontage not applicable (c) Minimum front yard depth (i) For a building wall 15 storeys in height or less 0 metres plus any applicable distance specified in section 4.27 of By-law No. 79-200, where applicable, in accordance with clause 6 (a) of this by-law (ii) For a building wall greater than 15 storeys in height 0 metres and a minimum stepback of 2 metres for all Page 556 of 611 2 storeys above the 4th storey plus any applicable distance specified in section 4.27 of By-law No. 79-200, where applicable (d) Maximum front yard depth (i) For a building wall 15 storeys in height or less 6 metres plus any applicable distance specified in section 4.27 of By-law No. 79-200, where applicable, in accordance with clause 6 (a) of this by-law (ii) For a building wall greater than 15 storeys in height 6 metres and a minimum stepback of 2 metres for all storeys above the 4th storey plus any applicable distance specified in section 4.27 of By-law No. 79-200, where applicable (e) Minimum rear yard depth (i) For a building wall 15 storeys in height or less 7 metres, that includes the width of a right-of-way, in accordance with clause 6 (a) of this by-law (ii) For a building wall greater than 15 storeys in height 7 metres, that includes the width of a right-of-way, and a minimum stepback of 2 metres for all storeys above the 4th storey (f) Minimum interior side yard width (i) For a building wall 15 storeys in height or less 0 metres, in accordance with clause 6 (a) of this by-law (ii) For a building wall greater than 15 storeys 0 metres and a minimum stepback of 2 metres for all storeys above the 4th storey (g) Minimum exterior side yard width (i) For a building wall 15 storeys in height or less 0 metres plus any applicable distance specified in section 4.27 of By-law No. 79-200, where applicable, in Page 557 of 611 3 accordance with clause 6 (a) of this by-law (ii) For a building wall greater than 15 storeys in height 0 metres and a minimum stepback of 2 metres for all storeys above the 4th storey plus any applicable distance specified in section 4.27 of By-law No. 79-200, where applicable (h) Maximum exterior side yard width (i) For a building wall 15 storeys in height or less 6 metres plus any applicable distance specified in section 4.27 of By-law No. 79-200, where applicable, in accordance with clause 6 (a) of this by-law (ii) For a building wall greater than 15 storeys in height 6 metres and a minimum stepback of 2 metres for all storeys above the 4th storey plus any applicable distance specified in section 4.27 of By-law No. 79-200, where applicable (i) Maximum lot coverage not applicable (j) Minimum height of a building or structure not applicable (k) Minimum building setback above 12 metres height not applicable (l) Maximum height of a building or structure 65 metres or 20 storeys, whichever is less, subject to section 4.7 of By-law No. 79- 200, which shall include a roof feature (m) Minimum number of parking spaces not applicable (n) Loading area requirements not applicable (o) Bicycle parking requirements (i) Apartment dwelling 0.35 spaces/dwelling unit Page 558 of 611 4 (ii) Non-residential uses Short-term bicycle parking for residential uses is not applicable In accordance with section 4.39 of By-law No. 79-200 Short-term bicycle parking for non-residential uses is not applicable (p) Minimum amenity area for (i) Apartment dwelling 10 square metres per dwelling unit (q) Minimum density not applicable (r) Maximum building length not applicable (s) Minimum transparent glazing for ground floor facades abutting public streets 50% of ground floor area, excluding loading area (t) Minimum ground floor height 3 metres (u) Minimum elevation for residential uses at grade not applicable (v) Minimum stepback of enclosed/screened mechanical equipment and stairwell/elevator shaft 1 metre, measured from the edge of the roof (w) Maximum floor area for each retail store not applicable (x) Number of buildings on a lot More than one (1) building permitted 6. Despite the regulations listed in section 8.5.3 of By-law No. 79-200, the following built form regulations shall apply to the Lands zoned CB4-1273: (a) For a building wall 15 storeys or less in height, the entire building wall must have at least one form of articulation at a minimum depth of 0.5 metres between the first and fourth storeys and between the fourth and fifteenth storeys. (b) Exterior ground floor building walls must: i. Provide a minimum of one active entrance from each individual occupancy to the front lot line or exterior side lot line for non- residential uses. Page 559 of 611 5 ii. Provide a minimum of one active entrance to the front lot line or exterior side lot line in the case of a residential use. (c) Surface parking areas: i. Shall be located at the rear of the building. ii. Are not permitted in a yard between the street line and the building elevation facing the street. (d) Driveways: i. Where a rear lane abuts the lot, at least one driveway access shall be from the rear lane. ii. Where a rear lane does not abut the lot, one driveway may comprise part of the exterior side yard. (e) Structure parking areas: i. Shall be fronted by permitted uses listed in Section 8.5.1 of By-law No. 79-200 abutting the front lot line, save and except a parking lot. (f) Merchandise for retail sale is permitted to be displayed outdoors as long as it is not stored in a truck, trailer, or other vehicle. (g) Waste storage: i. Shall be located in the interior side or rear yard only. ii. Shall be screened from view by an opaque screen/fence with a minimum height of 1.8 metres. iii. (g) i. and ii. is not required if an in-ground refuse container is provided. (h) Soft landscaping is required for any area not covered by: surface parking area, driveway, walkways, waste storage, or accessory structures. 7. For the purposes of this by-law: “Active entrance” means a door that is clearly intended and designed to be the principal entrance or one of the principal entrances to the building. “Articulation” means the stepping out and/or recessing of a balcony, roof, awnings, columns, cornices or external wall of a building in plan and in section. “Building wall” means a vertical surface that forms the exterior façade of a building. “Façade” means the exterior of the building exposed to public view. “Glazing” means the fitting or furnishing of a building façade with glass. “Hardscaping” means the foundation and shape of the yard and includes permanent features such as walkways, paved surface areas, and walls/fences. “Soft landscaping” means vegetative materials used to improve the aesthetics of the yard. “Roof feature” means a distinct architectural element providing a minimum height of 1 metre erected above the top storey and shall be provided for the purposes of enhancing the design of the buildings and may enclose any roof mounted mechanical equipment, mechanical penthouse or other similar elements. Notwithstanding section 4.7 of By-law No. 79-200, and except for any flagpoles, or other similar decorative Page 560 of 611 6 roof features, and radio, telephone, television or telecommunication towers or antennae, no watertank, elevator, or other mechanical penthouse shall have a height greater than the roof feature. 8. 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. 9. No person shall use the Lands for a use that is not a permitted use. 10. No person shall use the Lands in a manner that is contrary to the regulations. 11. The provisions of this by-law shall be shown on Sheet D3 of Schedule “A” to By-Law No. 79-200 by redesignating the Lands from CB4- and numbered 1 to CB4- and numbered 1273. 12. Section 19 of By-law No. 79-200 is amended by adding thereto: 19.1.1273 Refer to By-law No. 2025-004. Read a First, Second and Third time; passed, signed and sealed in open Council this 14th day of January, 2025. ....................................................................... ...................................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 561 of 611 Niagarafalls Area Affected by this Amendment Amending Zoning By-law No.79-200 Description:LOTS 01-08,PART LOT 09 BLOCK BB PLAN 999-1000 AS IN R0183817,S/T NF31591&R0215677,CITY OF NIAGARA FALLS PIN 64328-0050 (LT) Applicant:CITY OF NIAGARA FALLS Assessment:272501000507201 AM-2024-036 1/3/2025K:\QS_Requests\2024\Schedule\Zoning\Zoning2024.aprx SCHEDULE 1 TO BY-LAW NO. 2025-004 Page 562 of 611 CITY OF NIAGARA FALLS By-law No. 2025- 005 A by-law to amend By-law No. 79-200, to permit the use of the Lands for a 20 storey mixed use development (AM-2024-036) THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by-law are described in Schedule 1 of this by-law and shall be referred to in this by-law as the “Lands”. Schedule 1 is a part of this by-law. 2. The purpose of this by-law is to amend the provisions of By-law No. 79-200, to permit the use of the Lands in a manner that would otherwise be prohibited by that by-law. In the case of any conflict between a specific provision of this by-law and any existing provision of By-law No. 79-200, the provisions of this by-law are to prevail. 3. Notwithstanding any provision of By-law No. 79-200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 4. The permitted uses shall be: (a) The uses permitted in the CB2 zone (b) Public school (c) Private school (d) Dwelling units are only permitted in a building in combination with one or more of the uses listed in Section 8.5.1 of By-law No. 79-200 and further provided that such dwelling units, except entrances, lobby, and amenity area, are located above the ground floor. (e) Student residence is only permitted in a building in combination with one or more of the uses listed in Section 8.5.1 of By-law No. 79-200and further provided that such student residence, except entrances, lobby, and amenity area, are located above the ground floor. 5. Despite the regulations listed in section 8.5.2.B of By-law No. 79-200, the regulations governing the permitted uses shall be: (a) Minimum lot frontage not applicable (b) Minimum front yard depth (i) For a building wall 15 storeys in height or less 0 metres plus any applicable distance specified in section 4.27 of By-law No. 79-200, where applicable, in accordance Page 563 of 611 2 with clause 6 (a) of this by- law (ii) For a building wall greater than 15 storeys in height 0 metres and a minimum stepback of 2 metres for all storeys above the 4th storey plus any applicable distance specified in section 4.27 of By-law No. 79-200, where applicable (c) Maximum front yard depth (i) For a building wall 15 storeys in height or less 6 metres plus any applicable distance specified in section 4.27 of By-law No. 79-200, where applicable, in accordance with clause 6 (a) of this by- law (ii) For a building wall greater than 15 storeys in height 6 metres and a minimum stepback of 2 metres for all storeys above the 4th storey plus any applicable distance specified in section 4.27 of By-law No. 79-200, where applicable (d) Minimum rear yard depth (i) For a building wall 15 storeys in height or less 7.5 metres, in accordance with clause 6 (a) of this by- law (ii) For a building wall greater than 15 storeys in height 7.5 metres and a minimum stepback of 2 metres for all storeys above the 4th storey (e) Minimum interior side yard width Abutting land used for open space/park (i) For a building wall 15 storeys in height or less 0 metres, in accordance with clause 6 (a) of this by- law (ii) For a building wall greater than 15 storeys 0 metres and a minimum stepback of 2 metres for all Page 564 of 611 3 Abutting land used for all other uses storeys above the 4th storey (i) For a building wall 15 storeys in height or less 3 metres, in accordance with clause 6 (a) of this by- law (ii) For a building wall greater than 15 storeys 3 metres and a minimum stepback of 2 metres for all storeys above the 4th storey (f) Minimum exterior side yard width (i) For a building wall 15 storeys in height or less 0 metres plus any applicable distance specified in section 4.27 of By-law No. 79-200, where applicable, in accordance with clause 6 (a) of this by- law (ii) For a building wall greater than 15 storeys in height 0 metres and a minimum stepback of 2 metres for all storeys above the 4th storey plus any applicable distance specified in section 4.27 of By-law No. 79-200, where applicable (g) Maximum exterior side yard width (i) For a building wall 15 storeys in height or less 6 metres plus any applicable distance specified in section 4.27 of By-law No. 79-200, where applicable, in accordance with clause 6 (a) of this by- law (ii) For a building wall greater than 15 storeys in height 6 metres and a minimum stepback of 2 metres for all storeys above the 4th storey plus any applicable distance specified in section 4.27 of By-law No. 79-200, where applicable Page 565 of 611 4 (h) Maximum lot coverage not applicable (i) Maximum height of a building or structure 70 metres or 20 storeys, whichever is less, subject to section 4.7 of By-law No. 79-200, which shall include a roof feature (j) Minimum number of parking spaces not applicable (k) Loading area requirements not applicable (l) Bicycle parking requirements (i) Apartment dwelling (ii) Student residence (iii) Non-residential uses 0.35 spaces/ dwelling unit 0.35 spaces/ unit Short-term bicycle parking for residential uses is not applicable In accordance with section 4.39 of By-law No. 79-200 Short-term bicycle parking for non-residential uses is not applicable (m) Minimum amenity area for (i) Apartment dwelling 10 square metres per dwelling unit (ii) Student residence 10 square metres per unit (n) Minimum density not applicable (o) Maximum building length not applicable (p) Minimum transparent glazing for ground floor facades abutting public streets and facades abutting open space/park uses 50% of ground floor area, excluding loading area (q) Minimum ground floor height 3 metres Page 566 of 611 5 (r) Minimum elevation for residential uses at grade not applicable (s) Minimum stepback of enclosed/screened mechanical equipment and stairwell/elevator shaft 1 metre, measured from the edge of the roof (t) Maximum floor area for each retail store not applicable (u) Number of buildings on a lot More than one (1) building permitted 6. Despite the regulations listed in section 8.5.3 of By-law No. 79-200, the following built form regulations shall apply to the Lands zoned CB2-1274: (a) For a building wall 15 storeys or less in height, the entire building wall must have at least one form of articulation at a minimum depth of 0.5 metres between the first and fourth storeys and between the fourth and fifteenth storeys. (b) Exterior ground floor building walls must: i. Provide a minimum of one active entrance from each individual occupancy to the front lot line or exterior side lot line for non- residential uses. ii. Provide a minimum of one active entrance to the front lot line or exterior side lot line in the case of a residential or student residence use. (c) Surface parking areas: i. Shall be located at the rear of the building. ii. Are not permitted in a yard between the street line and the building elevation facing the street. (d) Driveways: i. Where a rear lane abuts the lot, at least one driveway access shall be from the rear lane. ii. Where a rear lane does not abut the lot, one driveway may comprise part of the exterior side yard. (e) Structure parking areas: i. Shall be fronted by permitted uses listed in Section 8.5.1 of By-law No. 79-200 abutting the front lot line, save and except a parking lot. (f) Merchandise for retail sale is permitted to be displayed outdoors as long as it is not stored in a truck, trailer, or other vehicle. (g) Waste storage: i. Shall be located in the interior side or rear yard only. ii. Shall be screened from view by an opaque screen/fence with a minimum height of 1.8 metres. iii. (g) i. and ii. is not required if an in-ground refuse container is provided. Page 567 of 611 6 (h) Soft landscaping is required for any area not covered by: surface parking area, driveway, walkways, waste storage, or accessory structures. 7. For the purposes of this by-law: “Active entrance” means a door that is clearly intended and designed to be the principal entrance or one of the principal entrances to the building. “Articulation” means the stepping out and/or recessing of a balcony, roof, awnings, columns, cornices or external wall of a building in plan and in section. “Building wall” means a vertical surface that forms the exterior façade of a building. “Façade” means the exterior of the building exposed to public view. “Glazing” means the fitting or furnishing of a building façade with glass. “Hardscaping” means the foundation and shape of the yard and includes permanent features such as walkways, paved surface areas, and walls/fences. “Public school” means a body of students enrolled in any elementary, secondary, or post-secondary courses of study in an educational institution operated by the Government of Ontario. “Private school” means a body of students enrolled in any elementary, secondary, or post-secondary courses of study in an educational institution not operated by the Government of Ontario. “Soft landscaping” means vegetative materials used to improve the aesthetics of the yard. “Student” means an individual registered in a public school or private school. “Student residence” means a building or part of a building used for the housing of students within units that may consist of independent bedrooms, independent or shared washroom facilities, independent or shared kitchen and dining facilities and common indoor and outdoor amenity areas. “Roof feature” means a distinct architectural element providing a minimum height of 1 metre erected above the top storey and shall be provided for the purposes of enhancing the design of the buildings and may consist of an enclose any roof mounted mechanical equipment, mechanical penthouse or other similar elements. Notwithstanding section 4.7 of By-law No. 79-200, and except for any flagpoles, or other similar decorative roof features, and radio, telephone, television or telecommunication towers or antennae, no watertank, elevator, or other mechanical penthouse shall have a height greater than the roof feature. 8. SECTION 4- TABLE 1 of By-law No. 79-200 is amended as follows: (a) By deleting “11.5 m” in column D Minimum Distance from Centreline of Original Road Allowance for Queen Street from Victoria Avenue to River Road and replacing it with the following: “10 m”. Page 568 of 611 7 9. 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. 10. No person shall use the Lands for a use that is not a permitted use. 11. No person shall use the Lands in a manner that is contrary to the regulations. 12. The provisions of this by-law shall be shown on Sheet D3 of Schedule “A” to By-Law No. 79-200 by redesignating the Lands from CB2 to CB2-and numbered 1274. 13. Section 19 of By-law No. 79-200 is amended by adding thereto: 19.1.1274 Refer to By-law No. 2025-005. Read a First, Second and Third time; passed, signed and sealed in open Council this 14h day of January, 2025. ....................................................................... ...................................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 569 of 611 Amending Zoning By-law No.79-200 PART OF LOTS 5 &11,BLOCK F PLAN 999 AND 1000,PART OF TOWNSHIP LOT 93,STAMFORD,BEING PART 1ON 59R-18256;PART OF LOTS 5,10,11,BLOCK F,PLAN 999-1000 AND PART OF TOWNSHIP LOT 93,STAMFORD,BEING PART 2 ON 59R-18256;PART OF LOT 11,BLOCK F,PLAN 999 AND 1000, BEING PARTS 3 AND 4 ON 59R-18256;PART OF LOTS 2,3,7,8,10 &11,BLOCK F,PLAN 999-1000,LOT 9,BLOCK F,PLAN 999 AND 1000,BEING PART 5 ON 59R-18256. Description: PART OF PIN 64328-0197 (LT)AND ALL OF PIN 64328-0198 (LT) Applicant:CITY OF NIAGARA FALLS Part of 272501000309300 and Part of 272501000301201Assessment: AM-2024-036 K:\QS_Requests\2024\Schedule\Zoning\Zoning2024.aprx 1/3/2025 Niagara/’fli/s SCHEDULE 1 TO BY-LAW NO. 2025-005 Area Affected by this Amendment \/ / j Page 570 of 611 1 CITY OF NIAGARA FALLS By-law No. 2025-006 A by-law to amend By-law No. 79-200, to introduce new definitions and regulatory provisions (AM-2024-033). WHEREAS By-law No. 79-200, as amended, was passed by the Council of The Corporation of the City of Niagara Falls on November 5, 1979 to regulate the use of land and the erection, use, height, bulk, location, spacing and any other matters relating to buildings and structures, and to prohibit certain uses of land and the erection of certain buildings and structures in various areas of the City of Niagara Falls; AND WHEREAS the City wishes to make certain housekeeping changes and updates to By-law No. 79-200 to reflect current zoning standards and contemporary definitions and incorporate regulations to improve the functionality of By-law No. 79-200; AND WHEREAS it is deemed desirable to amend By-law No. 79-200 accordingly. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That SECTION 1.4 of By-law No. 79-200 is hereby deleted, and the remainder of SECTION 1 – TITLE AND INTERPRETATION is renumbered accordingly. 2. That SECTION 2 – DEFINITIONS of By-law No. 79-200 is amended as follows: (a) by adding the following definitions alphabetically: “ARTICULATION” means the stepping out and/or recessing of a balcony, roof, awning, column, cornice or external wall of a building in plan and in section. “BAKE SHOP” means a building or part thereof in which food is prepared and offered for sale to the public but does not include a restaurant. “BALCONY” means an uncovered platform projecting from the façade of a wall or walls, cantilevered or supported by columns or brackets, located above the grade of the ceiling height of the first storey above the basement. “BACK-TO-BACK TOWNHOUSE DWELLING” means a building containing four or more dwelling units divided by vertical common walls above grade, and a common rear wall. “CAR SHARE” means the practice where a number of people share the use of one or more cars that are owned by a profit or non-profit car-sharing organization and where such organization Page 571 of 611 2 may require that use of cars be reserved in advance, charge fees based on time and/or kilometers driven, and set membership requirements of the car-sharing organization, including the payment of a membership fee that may or may not be refundable. “CAR SHARE PARKING SPACE” means a parking space that is exclusively reserved and actively used for car-sharing. “EXTERIOR REAR WALL” means the exterior wall furthest from and opposite to the front entrance of a dwelling unit “FAÇADE” means the exterior of a building or structure exposed to public view. “GLAZING” means the fitting or furnishing of a building façade with glass. “PLACE OF WORSHIP” means a premises owned or occupied by a religious organization or congregation which is dedicated exclusively to worship and related social and charitable activities. “PRIVACY YARD” means the yard measured from the exterior rear wall of a dwelling unit, providing exclusive outdoor amenity space. “PUBLIC SCHOOL” means a publicly funded elementary school or secondary school facility operated by the Government of Ontario. “ROOF FEATURE” means a distinct architectural element erected above the top storey of a building or structure for the purposes of enhancing the design of the building or structure which may enclose any roof mounted mechanical equipment, mechanical penthouses, or other similar elements. Notwithstanding Section 4.7 of this By-law no water tank, elevator or other mechanical penthouse shall have a height greater than the roof feature unless clad to be aesthetically consistent with the roof feature. “STEPBACK” means the horizontal recessing of a building façade above a specified storey. “TOWER” means a building or structure with a minimum height of 12 metres above the average grade at the front of the building. “TOWER FLOOR PLATE” means the floor area of a tower measured from the outside of the exterior walls, but excluding inset and projecting unenclosed balconies. Page 572 of 611 3 (b) by deleting the definitions for “BOARDING OR ROOMING HOUSE” “DETACHED DWELLING”, “DWELLING UNIT” and “SEMI- DETACHED DWELLING” and replacing them as follows: “BOARDING HOUSE OR ROOMING HOUSE” means a building in which the proprietor supplies for gain, directly or indirectly, lodging with or without meals to three or more persons other than the proprietor but does not include a tourist establishment, hotel, hospital, home for the aged or other establishment otherwise classified or defined in this By-law. “DETACHED DWELLING” means a building containing one dwelling unit. “DWELLING UNIT” means a self-contained set of rooms occupied or designed to be occupied as an independent and separate self-contained unit and shall include kitchen with cooking facilities and bathroom facilities that are intended for the use of the unit only. “SEMI-DETACHED DWELLING” means a building divided vertically into two dwelling units, each with an independent entrance to an exterior. 3. That SECTION 4.7 HEIGHT EXCEPTION of By-law No. 79-200 is deleted and replaced with the following: 4.7 HEIGHT EXCEPTION: The height regulations of this By-law shall not apply to place of worship elements (including belfries, spires, steeples and bell towers, and ornamental architectural features such as, but not limited to, cupolas and finials), chimneys, water tanks, elevator or mechanical penthouses, flag poles, clock towers, radio, solar panels, telephone, television or telecommunication towers and antennae, tents and mechanical amusement rides or devices in any Zone except as hereinafter provided or to farm buildings and farm structures, (which shall not include buildings or structures to be erected or used for the purpose of human habitation) in an A zone, an R Zone or an OS Zone and shall not apply to the following types of structures and buildings in HI Zones: processing towers, processing equipment and industrial process buildings. 4. That SUBSECTION 4.14(c) of By-law No. 79-200 is deleted and replaced with the following: 4.14(c) open balconies not covered by a roof or canopy may project into any required front yard or rear yard a distance of not more than 1.8 metres and into any required side yard a distance of not more than 0.45 metres, notwithstanding open balconies not covered by a roof or canopy in an R4 or R5 zone may project into any required side yard a distance of not more than 1.8 metres; Page 573 of 611 4 5. That the parking requirements for a Place of Worship as set out in Table 1 of SECTION 4.19.1 (a) of By-law No. 79-200 is deleted and replaced with the following: Place of Worship 1 parking space for each 5 seats or for each 5 persons that can be lawfully accommodated therein at any one time 6. That SUBSECTION 4.19.3(a)(iii) of By-law No. 79-200 is deleted and replaced with the following: (iii) Maximum area of a rear yard which can be used as a surface parking area 40 square metres 7. That SECTION 4.40 NIGHTCLUBS of By-law No. 79-200 is amended by deleting SUBSECTION 4.40(i) and the remainder of SECTION 4.40 NIGHTCLUBS is renumbered accordingly. 8. That SECTION 4.44 AMENITY FOR APARTMENT DWELLINGS of By-law No. 79-200 is deleted and replaced with the following: 4.44 AMENITY AREAS FOR APARTMENT DWELLINGS OR STACKED TOWNHOUSE DWELLINGS 4.44.1 Within the R4, R5A, R5B, R5C, R5D, R5E and R5F zones a minimum amenity area of 20 square metres per dwelling unit shall be provided. 4.44.2. Section 4.44.1 shall not apply to an apartment dwelling for which, prior to By-law No. 2022- 095 coming into force, a complete application for amendment to the zoning by-law has been made under Section 34(10.2) of the Planning Act, R.S.O. 1990, drawings have been submitted under Section 41(4) of the Planning Act, R.S.O.1990 or for which an amendment to the zoning by-law has come into effect under Sections 34(21) or (30) of the Planning Act, R.S.O. 1990. 4.44.3 Section 4.44.1 shall not apply to a stacked townhouse dwelling for which, prior to By-law No. 2025-006 coming into force, a complete application for amendment to the zoning by-law has been made under Section 34(10.2) of the Planning Act, R.S.O. 1990, drawings have been submitted under Section 41(4) of the Planning Act, R.S.O.1990 or for which an amendment to the zoning by-law has come into effect under Sections 34(21) or (30) of the Planning Act, R.S.O. 1990. 9. That SECTION 5.10 MODEL HOMES of By-law No. 79-200 is amended by adding “and R4” after the reference to “R3”. 10. That SECTION 7.9.1 of By-law No. 79-200 is deleted and replaced with the following: Page 574 of 611 5 7.9.1 PERMITTED USES: No person shall within any R4 Zone use any land or erect or use any building or structure for any purpose except one or more of the following uses: (a) A townhouse dwelling containing not more than 8 dwelling units; (b) A back-to-back townhouse dwelling; (c) A stacked townhouse dwelling; (d) An apartment dwelling (e) Group dwellings, provided that no townhouse dwelling in the group dwelling contains more than 8 dwelling units; (f) Accessory buildings and accessory structures, subject to the provisions of sections 4.13 and 4.14 of this By-law; and (g) A home occupation in a detached dwelling, or a dwelling unit of a semi- detached dwelling or a duplex dwelling, subject to the provisions of section 5.5 of this By-law. 11. That SECTION 7.9.2 REGULATIONS of By-law No. 79-200 is amended by adding “or back-to-back townhouse dwelling” after every reference of a “townhouse dwelling”, in the said section, save and except for subsection 7.9.2(n). 12. That SECTION 7.9.3 ADDITIONAL REGULATIONS FOR GROUP DWELLINGS of By-law No. 79-200 is amended by adding “or back-to-back townhouse dwelling” after every reference of a “townhouse dwelling”. 13. That SUBSECTION 7.10.2 (m), SUBSECTION 7.11.2 (m), SUBSECTION 7.12.2(m), SUBSECTION 7.13.2 (m), SUBSECTION 7.14.2 (m) and SUB SECTION 7.15.2 (m) of By-law No. 79-200 are amended by adding “or stacked townhouse dwelling unit” after each reference to an “apartment dwelling unit”. 14. That SUBSECTION 8.2.2 (h) of By-law No. 79-200 is deleted, and the remainder of SECTION 8.2.2 REGULATIONS is renumbered accordingly. 15. That SUBSECTION 8.5.2.A(h) of By-law No. 79-200 is deleted, and the remainder of SECTION 8.5.2.A REGULATIONS is renumbered accordingly. 16. That SUBSECTION 8.6.2 (h) of By-law No. 79-200 is deleted, and the remainder of Page 575 of 611 6 SECTION 8.6.2 REGULATIONS is renumbered accordingly. 17. All other applicable provisions and regulations set out in By-law No. 79-200 shall remain the same and continue to apply. 18. 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. Read a First, Second and Third time; passed, signed and sealed in open Council this 14th day of January, 2025. ....................................................................... ..................................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 576 of 611 CITY OF NIAGARA FALLS By-law No. 2025 - 007 A by-law to provide an interim levy of realty taxes. WHEREAS subsection 317(1) of the Municipal Act, 2001 (the “Act”) provides that the council of a local municipality, before the adoption of the estimates for the year, pass a by-law levying amounts on the assessment in each property class in the local municipality, rateable for local municipal purposes. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. (1) An interim tax levy at the following rates is hereby imposed and levied on the whole of the assessment for property in the following classes: Property Class Rate Residential 0.7760% Farmlands 0.1940% Managed Forests 0.1940% Pipeline 1.6307% Multi-Residential 1.4546% New Multi-Residential 0.7760% Commercial 1.6536% Vacant Commercial Commercial Small Scale 1.6536% 1.3236% Industrial 2.2797% Vacant Industrial 2.2797% Landfill 2.4968% (2) The interim tax levy shall not exceed 50% of the total amount of taxes for municipal and school purposes levied on the property for the previous year. 2. All monies levied and collected under the authority of this by-law shall be paid to the Treasurer of the City of Niagara Falls and applied by her as directed or required by the Act. Passed this 14th day of January, 2025 ........................................................ ..................................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: January 14, 2025 Second Reading: January 14, 2025 Third Reading: January 14, 2025 Page 577 of 611 CITY OF NIAGARA FALLS By-law No. 2025-008 A Consolidated By-Law Being By-law No. 2016 - 108 as amended by: By-law 2017 – 41 A by-law to regulate the supply of water and to provide for the maintenance and management of the waterworks and for the imposition and collection of rates for the use of water and water related services. WHEREAS section 11 and Part III of the Municipal Act, 2001 authorize a municipality to pass by-laws respecting matters within the sphere of jurisdiction of public utilities; AND WHEREAS section 391 of the Municipal Act, 2001 authorizes a municipality to pass by-laws imposing fees and charges for the use of waste management systems, use of sewage systems or the consumption of water; AND WHEREAS O. Reg. 581/06 grants priority lien status to municipal public utilities fees and charges; AND WHEREAS the Council of The Corporation of the City of Niagara Falls desires to use any and all legislative authority available to it by statute or by common law, to regulate the supply of water and to provide for the maintenance and management of the waterworks and for the imposition and collection of rates for the use of water and water related services. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Definitions In this by-law, 1.1 "Appurtenance" and "Appurtenances" mean any or all municipal components related to the provision or Metering of water and includes electronic communications register(s), touch pad, flanges, and any new equipment or technology replacing the same. 1.2 “Back Flow Preventer Control Device” means a mechanical valve which, when installed in a Water Service pipe, prevents a Cross Connection, in accordance with the Ontario Building Code and “CAN/CSA-B64-10-11, Page 578 of 611 2 (R2016) Selection and installation of back flow preventers/Maintenance and field testing of back flow preventers. 1.3 “By-Pass means any form of piping, plumbing, fittings, valves, connections or other device that can or may divert water from passing through a meter or cause a meter to under-report water consumption. 1.4 “By-Pass Lock” means a City inspected and approved device that prevents the use of a By-Pass without the approval of the City. 1.5 "City" means The Corporation of the City of Niagara Falls. 1.6 "Council" means the Council of The Corporation of the City of Niagara Falls. 1.7 “Cover" means the distance between the finished grade ground surface and the top of a watermain, Private Water Service or Water Service pipe. 1.8 “Cross Connection” means any temporary, permanent or potential water connection that may have the potential to change the water quality in the Distribution System. 1.9 "Day" means working days, exclusive of weekends or observed holiday. 1.10 "Distribution System" means the transmission pipes of the City which are tapped for Water Services and includes all valves, hydrants, shut off valves, fittings, stand pipes, rods, wires and Appurtenances, but does not include Water Services nor Private Water Services. 1.11 "Engineer" means the Director of Municipal Works for the City and for the purpose of exercising any of the powers or duties of the Engineer under this by-law and shall include any employee of the City authorized by the Engineer to exercise any such powers or duties. 1.12 "Industrial Premises" means Premises used for or in connection with, 1.12.1 Manufacturing, producing or processing anything; 1.12.2 Research or development in connection with manufacturing, producing or processing anything; 1.12.3 Storage, by a manufacturer, producer or processor, of anything used or produced in such manufacturing, production or processing if the storage is at the site where the manufacturing, production or processing takes place; or 1.12.4 Retail sales, by a manufacturer, producer or processor, of anything produced in such manufacturing, production or processing if the Page 579 of 611 3 retail sales are at the site where the manufacturing, production or processing takes place. 1.13 “Meter" means a device installed for the purpose of measuring water supplied by the Distribution System and includes, the register, radio read, unitized measuring elements and other Appurtenances. 1.14 “Meter Pit” means a suitable structure or chamber to house a Meter. 1.15 "Owner" means any registered Owner of land or buildings thereon, or any authorized agent, contractor, employee, Tenant or servant representing such Owner. 1.16 "Premise(s)" shall mean real property that is not owned by The Corporation of the City of Niagara Falls and includes lands, buildings and structures. 1.17 "Private Water Service" means the pipes and fixtures (exclusive of Meter) used for the purpose of supplying water from the Water Service and Distribution System to any Premises and located upon private property beyond the limits of the road allowance. 1.18 "Remote Read Out Device" means any device, including the register on a Meter, used by the City to transmit and record the amount of water passing through a Meter. 1.19 "Residential Premises" means Premises used solely for residential occupancy as defined in the Ontario Building Code, consisting of three or fewer units which requires a separate and distinct Private Water Service with a separate shut-off. 1.20 "Schedule" means the Schedules attached to and identified in the by-law. 1.21 "Security Deposit" means an amount of money as set out in or as calculated in accordance with the Schedule(s), that is required to be provided to the City as a condition of supplying or continuing to supply water to the Premises. 1.22 "Tenant" means anyone other than the Owner who occupies any Premises. 1.23 "Treasurer" means the Director of Finance for the City for the purpose of exercising any of the powers or duties of the Treasurer under this by-law and shall include any employee of the City authorized by the Treasurer to exercise any such powers or duties. 1.24 "Water Service" means the pipes and fixtures located in the road allowance of any public highway, public street, public lane, public alley or public thoroughfare and extending between the watermain and the limit of such allowance and, including, the stopcock, service pipe, curb stop, and post Page 580 of 611 4 and service box, used for the purpose of supplying water from the Distribution System to any Private Water Service and Premises. 2. Guide for Interpretation and Application of this By-law 2.1 This by-law shall be applied and interpreted so as to recognize that the Water Service and Distribution System are the property of the City. 2.2 This by-law shall be applied and interpreted so as to recognize that all Water Services end at the curb stop between a Water Service and a Private Water Service. 2.3 This by-law shall be applied and interpreted so that the City is responsible for the construction, installation, maintenance and operation of the Distribution System and all Water Services. 2.4 This by-law shall be applied and interpreted to ensure that Private Water Services shall be constructed, installed, maintained and operated at the sole expense of the owners of Premises. 3. Application for Permit for Watermain Extension, Water Service, Private Watermain Extension or Private Water Service 3.1 No person shall connect, or cause or permit to be connected, a system or means of drawing water from a City watermain or a Private Water Service or to a City-owned Water Service until written application for such connection is made to the City and a permit has been issued by the City. 3.2 No person shall, in any way, interfere with, obstruct, conceal or bypass any hydrant, valve, curb stop, service pipe, stopcock, Meter, remote reader, or other Distribution System or Water Service Appurtenances. 3.3 No person shall extend a watermain or otherwise tap into the Distribution System unless a permit has been issued by the City authorizing such extension and all applicable regulatory approvals have been obtained. 4. Installation of Water Service or Private Water Service 4.1 The pipes, fittings, attachments, methods of installation, maintenance, use, renovations to and removal of any Water Service shall be pursuant to, as required by, and in compliance with, all applicable legislation. 4.2 Every Water Service shall be buried to a minimum Cover of 1.8 meters below the finished grade of the highway, street, lane, alley or thoroughfare in which it is laid or an equivalent amount of insulation acceptable to the Engineer. Page 581 of 611 5 4.3 Every Private Water Service shall be buried with a minimum Cover of 1.8 meters below the finished grade of any private property traversed by it or otherwise insulated against the effects of cold weather, in a manner acceptable to the Engineer. 4.4 Every Private Water Service entering a building, which does not contain a cellar, shall be carried horizontally beyond the inside face of the exterior wall for a minimum distance of 0.6 meter before being carried upward, or shall be insulated in a manner acceptable to the Engineer, or both. 4.5 Where there is more than one building situated upon a single Premises, the Premises shall be supplied by a single Private Water Service located in a Meter Pit and equipped with a Master Water Meter. 4.6 Notwithstanding subsection 4.5 of this by-law, the Engineer may determine, in his sole discretion and acting in the public interest, that multiple Private Water Services can be permitted on a single Premises that has more than one building located upon it. 4.7 In any case in which the Engineer exercises his discretion under subsection 4.6 of this by-law, each building shall be serviced by a separate Private Water Service. 4.8 Notwithstanding subsection 4.7 of this by-law, the Engineer may determine, in his sole discretion and acting in the public interest, that, in the case of a multiple unit building or an existing building that is going to be, or has been, divided into multiple units, multiple Private Water Services can be permitted to a single building. 4.9 In any case in which the Engineer makes a determination of how and to what degree he chooses to exercise his discretion pursuant to subsections 4.6 or 4.8 of this by-law, his determination is final and not subject to any appeal. 5. Installation Costs 5.1 All Water Services from the watermain to the property line of any Premises shall be installed under the direction of the City at the expense of the Owner. 5.2 The cost of providing, installing, replacing and renewing each Private Water Service from the property line to the building shall be borne by the Owner of the Premises supplied by such Private Water Service. 5.3 The fee to be paid to the City for the installation of Water Services shall be in accordance with the Schedule(s) and shall be paid by the Owner to the Treasurer at the time of making application for the installation of the Water Service. Page 582 of 611 6 6. Meters 6.1 All Private Water Services, except those dedicated exclusively for fire suppression purposes, shall be equipped with a functioning Meter of a design, size and construction approved by the Engineer and installed in accordance with the City's specifications. 6.2 The Owner of a Premises shall pay the cost of installing a Meter or Meters upon the Premises. 6.3 In the case of the connection of the Private Water Service supplying or intended to supply water to an improvement of a Premises requiring a building permit, a water account shall be established at the time of building permit issuance for the Premises at or within which the Meter is, or is to be, installed and the Owner of the Premises will be billed at the flat rate, as set out in the Schedule(s), until such time as the Meter is installed, inspected, approved and operating to the satisfaction of the City. 6.4 In the case of the connection of a Private Water Service supplying, or intended to supply, water to a Premises that is being improved in a manner that does not require a building permit, a water account shall be established, and the Owner of the Premises will be billed from the time the Meter is installed, inspected, approved and operating to the satisfaction of the City. 6.5 The Owner shall be responsible for all aspects of the installation of the Meter and contacting the City for a Meter inspection. 6.6 Should the Owner of a Premise that has been improved not contact the City for a Meter inspection or installation, the Owner will be billed on the basis of the refusal rate set out in the Schedule(s), from the date that the account is established, up to and including the recorded date of inspection and approval by City Staff. Upon the Meter on the subject Premises being inspected and approved by the City, the Metered rates set out in the Schedule(s) shall be applied to the account of the subject Premises. 6.7 Notwithstanding subsection 6.1 above, the Engineer, in situations in which it is not technically feasible to install a Meter, may permit the installation and operation of an unmetered Water Service at a particular Premise. 6.8 The determination of the Engineer as to whether or not it is technically feasible to install a Meter in a particular Premise is final and not subject to any form of review or appeal. 6.9 Where the Engineer has determined that it is not technically feasible to install a Meter on a Premises, the account of the Premises shall be billed at the flat rate set out in the Schedule(s). Page 583 of 611 7 6.10 Where a Premises that is required to be fitted with a Meter is found to be receiving water through an inoperative or defective Meter or without a Meter, the Owner of the Premises will be billed an amount based upon the City’s estimate of the number of days the subject Premises has been receiving water through an inoperative or defective Meter or in the absence of a Meter, times the per diem amount of the flat rate set out in the Schedule(s) of this by-law. 6.11 The Owner of a Premise may apply to the City for permission to change the size of the water Meter installed in or upon the Premise. 6.12 The Engineer shall consider the application for permission to change the size of the Meter in or upon the subject Premises taking into account, among other things, the potential impact of the proposed change of Meter size upon the Distribution System and the public interest. 6.13 The Engineer may require such documentation, information and testing as is required to enable him to assess the potential impact of the proposed change in Meter size upon the Distribution System and the public interest. 6.14 The City shall have the right to seal, inspect and test any Meter or Meter By-Pass at any time. 6.15 No person shall break, alter or damage any seal attached to any Meter or Meter By-Pass. 6.16 If the seal attached to any Meter or Meter By-Pass becomes broken, altered or damaged from any cause, the occupant of the Premises where such Meter or By-Pass is situated shall forthwith report the breaking, alteration or damage to the City. 6.17 In the event that the City discovers a Meter that is altered, broken or damaged, the City may conduct a water consumption review of the Premise connected to the altered, broken or damaged Meter and bill the Owner the cost of the water consumption, estimated in accordance with the formula or rate set out in Schedule(s). 6.18 Where, in the opinion of the Engineer, it is not practical to locate the Meter inside the building to be supplied with water, the Meter may be located outside such building with the written consent of the Engineer, in which case the Meter shall be located in a Meter Pit, the location and construction of which shall be subject to the approval of the Engineer and the cost of which shall be paid for by the Owner of the building to be served by such Meter. 6.19 Where water is to be supplied to Premises on which no building is erected, the Meter shall be located in a Meter Pit, the location and construction of which shall be subject to the approval of the Engineer and the cost of which shall be paid by the Owner of the Premises to be served by such Meter. Page 584 of 611 8 6.20 The Engineer shall have the right to require the relocation of any Meter or Remote Read Out Device which he deems to be improperly or inconveniently located and the cost of such relocation shall be paid by the Owner of the Premises served by such Meter. 6.21 The Engineer may require that a specified Meter and Remote Read Out Device be installed in a specified location, on a particular private service. 6.22 In the event that a Meter or Remote Read Out Device becomes concealed or obstructed in any manner which in any way limits access to the specified Meter or Remote Read Out Device, the Owner shall take such steps as are necessary to remove the concealment or obstruction, at his or her own expense. 6.23 In the event that the City is unable to obtain a current read out from a particular Meter, the City may estimate the consumption of the Private Water Service that is served by that Meter, calculate the amount owing in accordance with the Schedule and bill the Owner the calculated amount. 6.24 In the event that an Owner, upon receiving ten Days’ notice from the City of a requirement to relocate any Meter or Remote Read Out Device pursuant to subsection 6.20 of this by-law, fails or declines to take the corrective measures specified in the notice, the City may bill the Owner the refusal rate specified in the Schedule. 6.25 In the event an Owner, upon receiving ten Days’ notice of the need to take such steps as are specified in the notice to remedy a condition described in subsection 6.22 of this by-law, fails or declines to take the corrective measures specified in the notice, the City may bill the Owner the refusal rate specified in the Schedule. 6.26 Where, upon inspection, a Meter is discovered to be inoperative for any reason including, without limiting the generality of the foregoing, the opening of a Meter By-Pass without the permission of the Engineer, the Owner of the property at which the inoperative Meter is located shall be billed at the inoperative Meter rate as calculated in accordance with the Schedule(s) of this by-law. 6.27 All Meters shall be provided by and remain the property of the City. 6.28 The cost of the installation and supply of a Meter shall be borne by the Owner. 6.29 In the event that any Meter owned by the City is damaged after or during installation, either willfully, through neglect or carelessness, the cost of repairing or replacing the Meter shall be paid by the Owner of the Premises served by the Meter, whether or not such willful act or such neglect or carelessness was that of the Owner. Page 585 of 611 9 6.30 The City may, at any time or times, remove and test any Meter or part or parts of any Meter, whether owned by the City or privately owned, and substitute another Meter or part or parts of a Meter for or in any Meter owned by it. 6.31 In the event that an Owner, upon having been provided with ten Days’ notice of the City’s intent to inspect, seal or test a Meter, Meter By-Pass or Meter By-Pass Lock or other Appurtenance, fails to permit the action as specified in the notice, the City may bill the Owner as provided in the Schedule. 6.32 The City shall remove and test any Meter at the written request of an Owner and such Owner shall pay to the City, in advance, the fee listed in the Schedule as a deposit on account of the estimated cost of removing, testing and replacing the Meter. 6.33 If the Meter, when tested, is found to register correctly or register in favour of the Owner, it shall be deemed to measure accurately and the cost of removing, testing and replacing the Meter shall be paid by the Owner requesting the test. 6.34 If the Meter, when tested, is found to register in excess of three percent (3%) in favour of the City, no charge shall be made for the cost of removing, testing and/or replacing the Meter and the City shall authorize a reduction or a refund to the Owner of an amount equal to the additional water rates incurred by reason of such excess percentage for the last preceding billing period, or for such larger billing period as the Treasurer may determine. 6.35 The Meter testing shall be conducted in accordance with section 4.2.8 of ANSI/AWWA C700 and AWWA Manual M6, Water Meters – Selection, Installation, Testing, and Maintenance. 6.36 All Meter Pits or chambers are subject to approval by the Engineer and shall be constructed so as to ensure the Meter or Water Service does not freeze, and that sufficient space is available to ensure repairs and inspections may be made with easy access. 7. Meter By-Passes 7.1 No person shall open a Meter By-Pass for any reason other than to replace, repair or service a Meter or to respond to an emergency. 7.2 No person shall open a Meter By-Pass without notice to the Engineer in advance of their intention to open the By-Pass. 7.3 The Engineer may permit the opening of a By-Pass. 7.4 The Engineer may require that the opening of a By-Pass be subject to certain terms. Page 586 of 611 10 7.5 Any person who opens a Meter By-Pass for any reason shall immediately notify the City that the By-Pass was opened. 7.6 Where a Meter By-Pass is opened, the Owner shall ensure that the By-Pass is closed immediately upon the resolution of the condition or situation for which the Engineer granted permission to open the By-Pass for, is resolved. 7.7 Where a By-Pass is discovered to be open without the permission of the Engineer, the Owner of the property at which the By-Pass is located shall be billed the By-Pass rate as calculated in accordance with the Schedule(s) to this by-law. 8. Commencement of Service 8.1 In any case in which the supply of water from the Distribution System to a Private Water Service is turned off, no person other than the Engineer shall turn the supply of water to the Private Water Service in question back on. 8.2 Notwithstanding subsection 8.1, a duly licensed plumber, when installing or repairing a Private Water Service or plumbing connected to that Private Water Service, may, 8.2.1 Temporarily turn on the water for the purpose of testing his installation or repairs and shall forthwith thereafter shut the water off again; or 8.2.2 If the supply of water to that Private Water Service has been turned on by the Engineer, prior to the licensed plumber beginning his installation or repairs on the Private Water Service or plumbing in question, the licensed plumber may shut off the water and after completing his installation or repairs, turn the water on again. 9. Residential Tenancy 9.1 The collection procedures for accounts supplying residential tenancies shall be as set out in this section 9. 9.2 The Owner and Tenant of a residential tenancy may jointly apply to have the water bill issued in the Tenant's name, (the “Tenant’s Account”). 9.3 The application for a Tenant’s Account must be accompanied by a deposit in the amount specified in the Schedule(s). 9.4 In the event that any water bill issued to the Tenant's Account is unpaid 11 Days after the date of the bill, the City shall send a reminder notice, which reminder notice shall warn that Tenant that, if the account remains delinquent at the conclusion of a further 11 Days, the water supply to the Premises will be subject to shut off and the associated account will be Page 587 of 611 11 subject to the application of any fees charged for the shutting off of a water account that are provided in the Schedule. 9.5 If, at the end of the further 11 Days’ notice prescribed in subsection 9.4 above, the account remains delinquent, a third notice shall be served upon the Tenant specifying the time by which payment, including any feess prescribed by the Schedule for the serving of the third notice, must be made in order for the Tenant to avoid having the water supply to the Premises shut off. 9.6 In the event that the Tenant’s Account remains in default after the due date of the third notice described in subsection 9.5 above, the City may shut off the water to the Tenant's Residential Premises and apply the Tenant’s deposit to the account and take whatever steps are required to collect the remaining balance and applicable fees. 9.7 In the event that the City is unable to shut off the water supply to a Residential Premises, for any reason, the Landlord shall be billed in the amount of any shortfall and the amount of any shortfall may be added to the tax roll entry for the Premises, to be collected in the same manner as municipal taxes. 10. Maintenance of Water Service and of a Private Water Service 10.1 The cost of maintaining and repairing a Water Service shall be borne by the City. 10.2 Notwithstanding subsection 10.1, a person who damages such a Water Service intentionally or by way of negligence or neglect, shall bear the cost of repairing the damaged Water Service. 10.3 Upon the construction or installation of a new Private Water Service, the City shall inspect the Private Water Service. 10.4 In the event that, upon inspection, the new Private Water Service is unacceptable to the Engineer, the Meter in the Premises serviced or intended to be supplied by the new Private Water Service will not be inspected and the Premises serviced or intended to be supplied by the new Private Water Service will be billed for its supply of water as specified in the Schedule(s). 10.5 The cost of maintaining and repairing a Private Water Service shall be borne by the Owner of the Premises supplied by the Private Water Service. 10.6 The Owner of any building into which a Private Water Service extends and in which water is supplied to any range or steam boiler, shall take such precautions as may be necessary to prevent damage to the Meter from hot water or steam and to prevent water escaping back into the watermain and Page 588 of 611 12 shall be responsible to the City for any loss, injury or expense incurred by the City as a result of his or her failure to do so. 10.7 The Owner shall bear the cost of repairing any damage to a Water Service box or any other Appurtenance that serves that Owner’s Premises irrespective of how the Water Service box or other Appurtenance came to be damaged. 11. Shutting Off Service 11.1 In the case of any Premises other than a residential tenancy, the City, upon providing notice as specified in section 20 of this by-law, may shut off the supply of water to any Private Water Service for any of the following causes; 11.1.1 Failure to pay any water rate or charge for water supplied to any Premises; 11.1.2 Failure to pay the rent or charges for fittings, apparatus, Meters or other things leased or furnished by the City; 11.1.3 Failure to pay any sewer rate which is based on the water rates or charges for water supplied to any Premises; 11.1.4 Failure to maintain or provide any Security Deposit requested by the City Treasurer; or 11.1.5 Construction, installation or maintenance work is being carried out by or with the permission of the City that requires the supply of water to be shut off. 11.2 Notwithstanding subsection 11.1 or any other provision of this by-law, the City may shut off any water supply without notice of any kind in any case where: 11.2.1 There is an emergency; 11.2.2 A leaking Water Service, Private Water Service, or leaking plumbing or a Cross Connection is causing damage to the Premises or property of any description including, without limiting the generality of the foregoing, the Distribution System; or 11.2.3 The Chief Building Official of the City of Niagara Falls has issued an Order that forbids occupancy of a building or Premises. 11.3 Subject to subsection 11.4, if the rates and charges are not paid within seven Days from the day on which they fall due, then the supply of water may be shut off from the Premises and such supply shall not be restored until such rates and charges and arrears, if any, are paid in full including the Page 589 of 611 13 charges set out in the Schedule for turning off and turning on the Water Service. 11.4 Before shutting off the supply of water, the City shall serve notice upon the Owner and any Tenant of the Premises of the City's intention to shut off the water supply. 11.5 The City shall not shut off the supply of water until 14 Days after service of the notice described in subsection 11.4. 11.6 Where the water supply is shut off as a result of an Order of the Chief Building Official, the supply shall not be restored without the express written approval of the Chief Building Official. 12. Permitted Use of Water 12.1 No person shall sell or otherwise redistribute water supplied by the City without the express written approval of the Engineer. 12.2 No person, other than the Engineer, shall open, let off or use water from a hydrant or any valve or other Appurtenance which is the property of the City, without the express written approval of the Engineer. 12.3 No person shall use water supplied by the City unless the consumption of that water is measured by a Meter and the fee set out in the Schedule for that water is paid. 12.4 Subsection 12.3 does not apply to any Premise that is not fitted with a Meter with the express permission of the Engineer. 12.5 No person shall attach any automatic fire suppression in a building to the Distribution System, without the express written approval of the Engineer. 12.6 The piping and associated plumbing for any such automatic fire suppression system shall be entirely separate from the piping and associated plumbing used for any other purpose in the building and any such automatic fire suppression system shall be equipped with a shut-off valve located outside the building, which shut-off valve shall be under the exclusive control of the City. 12.7 No person shall install a stand-pipe for fire protection without the approval of the City and any such stand-pipe shall be equipped at each hose opening with a valve. 12.8 No person shall attach any fire hydrant to a watermain or a Private Water Service without the approval of the City. Page 590 of 611 14 12.9 The piping for any such fire hydrant shall be entirely separate from the piping used for any other purpose on the Premises. 12.10 Any such fire hydrant shall be equipped with a locking device, a City approved Back Flow Preventer Control Device, and sealed as directed by the City. 12.11 No person shall break any seal referred to in subsection 12.10, except for the purpose of using water for fire suppression and the person breaking any such seal shall forthwith report the breaking to the Engineer, who shall cause the hydrant to be resealed. 12.12 No person shall use water from the equipment referred to in either subsections 12.5, 12.7 or 12.8 for any purpose other than the suppression of fire, unless otherwise authorized by the Engineer. 12.13 When the City authorizes the use of a fire hydrant, the City shall require the installation of a hydrant Meter and Back Flow Preventer Control Device, in which case the cost of the installation, maintenance and water consumption, including the sewer portion thereof, shall be charged to the person applying to use the fire hydrant. 12.14 Persons may request, in writing to City Council, to have water/sewer consumption and/or installation fees waived prior to installation of the equipment. 12.15 All lawn and garden sprinkling systems which are connected to the water lines must be connected so that the flow of water is recorded by the water Meter. 12.16 No person shall use water supplied by the City in any air conditioning or refrigeration unit or other equipment for the cooling of air unless such unit or equipment is provided with an evaporative condenser or other device which efficiently conserves, cools and recirculates the water so used. 12.17 This section shall apply to: 12.17.1 All air conditioning units and other equipment for the cooling of air which utilize water in any way, which are installed after the passing of this by-law, and have a rating of more than ten tons of refrigeration capacity; and 12.17.2 All air conditioning units and other equipment for the cooling of air which utilizes water in any way, which are installed after the passing of this by-law, in or on a single building or more than one connected building where the total rated refrigeration capacity of all such units or equipment in or on such building or buildings is more than ten tons. Page 591 of 611 15 12.18 No person shall use water for construction purposes for a building, road, sewer, watermain or similar matter without paying the fee set out in the Schedule(s). 12.19 No person shall permit or maintain a Cross-Connection. 13. Rates and Charges 13.1 The City may fix such water rates, sewer rates, fees and charges in the Schedule, to be paid by persons who receive a supply of water or sewage service to any Premises from the City and, without limiting the generality of the foregoing, 13.1.1 The City shall impose a service charge on all Metered and unmetered Private Water Services in respect of the construction, operation or maintenance of water works; 13.1.2 All water passing through a Meter shall be charged at the water rates or charges set out in the Schedule; 13.1.3 With respect to sewage services, the City shall impose on all Metered Private Water Services, a sewer rate that is based on the water rates or charges at the rates set out in the Schedule; 13.1.4 The Owner or Tenant of a Private Water Service not Metered at the time of the passing of this by-law, whether by the choice or other determination of the City, or by refusal of an Owner, shall pay the flat rate set out in the Schedule; and 13.1.5 The City may impose a fee as set out in the Schedule in any instance where the outstanding balance of a private water account is transferred to the tax account for the Premises to which the water was supplied. 13.2 The rates and charges set out in the Schedule shall fall due when the bill therefor is rendered and shall be payable as indicated on the bill. 13.3 Where, pending the installation of a Meter, water rates are being charged on a flat rate service basis for water supplied to any multiple or semi- detached dwelling, apartment building or buildings divided into separate dwelling units, the flat rate shall be charged for each dwelling unit in the same manner as if each unit was a separate dwelling house. 14. Responsibilities of Owner of Property Other Than Residential Premises 14.1 The Owner of Premises other than Residential Premises may apply on his own behalf or jointly with a Tenant of his Premises, to have the water account for the Premises billed directly to the Tenant. Page 592 of 611 16 14.2 Notwithstanding the direct billing of a water account to a Tenant of a Premises other than a Residential Premises, the Owner shall at all times be and remain responsible to the City for the payment of all rates and charges in respect of water and sewage service supplied to the Premises and for all costs and fees of the City applicable to the supply of water and sewage service to such Premises. 15. Separate Metering of Multi-Unit Residential Premises 15.1 Where the Owner of a multiple or semi-detached dwelling, apartment building, or building with a single Water Service, desires a separate Metered connection to each dwelling, apartment or unit, a lock valve shall be installed ahead of each Meter, at the expense of the Owner, which lock valve shall be of a type approved by the Engineer, who shall have the right to cause it to be sealed from time to time as he or she deems necessary. Meters shall be installed so as to capture common water elements and no “down stream” Metering. 16. Leaking Private Water Services 16.1 In the event of a leak in a Private Water Service, the Owner shall repair the said leak at his or her own expense within 48 hours after being notified to do so by the City. 16.2 Should the Owner not comply with subsection 16.1, the City may enter the Premises, repair the leak and charge the Owner of the Premises for which the repairs were made, the costs of such repairs, which may be collected or recovered by any legal means available to the City. 16.3 The Engineer may turn off the water supply until the leaking Private Water Service is repaired. 17. Shut off to Replace, Repair or Inspect Water Meter 17.1 The City may shut off or restrict the supply of water to any Premises in the absence of the permission of the Owner, Tenant or occupant of that Premises to shut off or restrict the supply of water for the purpose of replacing, repairing or inspecting a water Meter. 17.2 In any case in which the City intends to rely upon the authority to shut or restrict the supply of water to a Premises pursuant to subsection 17.1 of this by-law, prior to shutting off or restricting the supply of water to a Premises the City shall serve the Owner, Tenant or occupant, if any, of the Premises with notice of the City's intention to shut off the water supply. 17.3 The City shall not shut off or restrict the supply of water unless it has made reasonable efforts to obtain the permission of the Owner, Tenant or occupant of the Premises or when such permission cannot be obtained, Page 593 of 611 17 until ten Days’ notice of the City’s intention to shut off or restrict the supply of water to the Premises has been provided to the Owner, Tenant or occupant of the affected Premises. 17.4 In the event that the City has shut off or restricted the supply of water under subsection 17.1, the City shall restore the supply of water as soon as practicable after replacing, repairing or inspecting the water Meter. 18. Cross Connections and Backflow Prevention 18.1 No person shall connect, cause to be connected, or allow to remain connected to the Water Distribution System, any piping, fixture, fitting, container, plumbing or appliance, in a manner which under any circumstances, may allow water, wastewater, non-potable water, or any other liquid, chemical contaminant or substance to enter the Water Distribution System. The means for “protection from contamination” shall be in accordance with the requirements of the Ontario Building Code Act. 18.2 The Engineer and/or Chief Building Official shall have free access, at all reasonable times, and upon reasonable notice given and request made, to all parts of every Premises to which any Private Water Service Pipe is supplied for the purpose of inspecting or repairing, or of altering or disconnecting any Private Water Service pipe, wire, rod, Appurtenance, plumbing or Cross Connection within or without the Premises. 18.3 Where access is not provided, a written notice by the Engineer will be issued, as per section 20 of this by-law allowing 14 Days to provide access. If access is not provided within this time frame, the City may, at its discretion, shut off the supply of Water to the Premises until such time as the access is provided. 18.4 If a condition is found to exist which is contrary to subsection 18.1 of this by-law, the Engineer shall immediately carry out an inspection and shall issue such Order or Orders to the Owner as may be required to obtain compliance with section 18.1 of this by-law. 18.5 If the Owner to whom the Engineer has issued an Order fails to comply with that Order, the Engineer, at his or her discretion, may: 18.5.1 give notice to the Owner to correct the fault, at their expense, within a specified time period and, if the notice is not complied with, the Engineer may then shut off the Water Service or services; or 18.5.2 without prior notice, shut off the Water Service or services. 18.6 Notwithstanding sections 18.1, 18.4 and 18.5 of this by-law, where a risk of possible contamination of the Water Service exists in the opinion of the Engineer or an approved authority, an Owner shall, on notice from the Page 594 of 611 18 Engineer, install on their Private Water Service pipe a Back Flow Preventer Control Device, approved by the Engineer or Chief Building Official, in addition to any flow preventer control device installed in the Owner’s plumbing system at the sources of potential contamination. 18.7 Back Flow Preventer Control Devices shall be installed in accordance with the Ontario Building Code and “CAN/CSA-B64.10-11(R2016) Selection and installation of backflow preventers/Maintenance and field testing of backflow preventers Manual for the Selection, Installation, Maintenance and Field Testing of Backflow Prevention Devices”. 18.8 All Back Flow Preventer Control Devices shall be inspected and tested at the expense of the Owner, upon installation, and thereafter annually, or more often if required by the Engineer, by personnel approved by the Engineer to carry out such tests to demonstrate that the Back Flow Preventer Control Device is in good working condition. The Owner shall submit a report on a form approved by the Engineer of any or all tests performed on a Back Flow Preventer Control Device within 14 Days of a test, and a record card shall be displayed on or adjacent to the Back Flow Preventer Control Device on which the tester shall record the address of the Premises, the location, type, manufacturer, serial number and size of the device, and the test date, the tester’s initials, the tester’s name (if self- employed) or the name of his employer and the tester’s license number. 18.9 If a Customer fails to have a Back Flow Preventer Control Device tested, the Engineer may notify the Owner that the Back Flow Preventer Control Device must be tested within four Days of the Owner receiving the notice. If the Owner fails to have the Back Flow Preventer Control Device tested within the time allowed, the Engineer may shut off the Water Service or Water Services until the Back Flow Preventer Control Device has been tested and approved, as required by section 18.8 of this by-law. 18.10 When the results of a test referred to in section 18.8 of this by-law show that a Back Flow Preventer Control Device is not in good working condition, the Owner shall make repairs or replace the Back Flow Preventer Control Device within four Days. If an Owner fails to repair or replace the Back Flow Preventer Control Device within the time allowed, the Engineer may shut off the Water Service until such repair or replacement has been made. 18.11 No person shall, without the permission of the Engineer, remove any Back Flow Preventer Control Device. Page 595 of 611 19 19. Miscellaneous 19.1 The City does not guarantee the supply of water, and failure to supply water shall not be construed as negligence or nuisance on the part of the City. 19.2 Any person who contravenes any provision of this by-law is, upon conviction, guilty of an offence and is liable to a fine of up to $100,000.00. 19.3 In the case of an offence that includes a condition or situation that requires a person to take action to remedy the condition or situation, the offence shall be deemed to be a continuing offence. 19.4 For each day or part of a day that the person required to take the action required to remedy the condition or situation described in subsection 19.2 of this by-law, the person required to take the action is, upon conviction, guilty of an offence and liable to a fine of up to $100,000.00 for each day or part of a day that the offence continued. 19.5 Unless otherwise specified, the Owner is responsible for carrying out the provisions and requirements of this by-law. 19.6 In the event of any conflict between the provisions of this by-law and any other general or special by-law, the provisions of this by-law shall prevail. 19.7 In the event that a court of competent jurisdiction should declare any section of this by-law or part thereof, or any provision in the Schedule to be invalid, such section, part or provision in the Schedule shall not be construed as having influenced Council to pass the remainder of the by-law or the provision in the Schedule, and it is hereby declared that the impugned section or provision in the Schedule shall be severable and distinct from the remainder of this by-law or Schedule and the remainder of the by-law or Schedule shall be valid and shall remain in force. 19.8 The Engineer may impose such restrictions on the consumption of water as may be required from time to time to preserve the integrity of the water supply or the Distribution System. 19.9 The restrictions on the consumption of water imposed by the Engineer may include restrictions on the time, place and quantity of consumption. 19.10 No person shall consume water in a manner or at a time that is contrary to any restriction imposed by the Engineer pursuant to subsection 19.8 of this by-law. 19.11 The Engineer shall have free access, at all reasonable times, and upon reasonable notice being given and request made, to all parts of every building or Premises to which water is supplied by the City for the purpose of inspecting or repairing, or of altering or disconnecting any service pipe, Page 596 of 611 20 wire, or rod within or without the building, or for placing Meters upon any service pipe or connection within or without the building as he or she may deem expedient and for that purpose, or for the purpose of protecting or regulating the use of the Meter, may set it or alter the position of it, or any pipe, wire, rod, connection or tap, and may alter or disconnect any service pipe to examine the pipes, Meters, remote readers, fixtures, appliances, Appurtenances to ascertain the quantity of water used. 19.12 The Treasurer and the Engineer may make such forms as are required to administer this by-law and such forms shall be recognized as official forms. 19.13 Notwithstanding any provision of this by-law, the Niagara Falls Fire Department and any volunteer Fire Service affiliated with the Niagara Falls Fire Department may use any and all water required to carry out their duties. 19.14 The City may carry out any of the actions and procedures set out in this by- law by means of an agent or contractor. 19.15 No person shall permit, install or maintain any system of any kind whereby water may be drawn by any means and in any manner from the Distribution System without paying the required fees for the consumption of that water or, in the alternative, having the express permission of the City to draw the water in question without paying the associated fees. 20. Notice and Service of Notice 20.1 In any instance within this by-law in which there is a reference to notice being provided, the following rules shall apply: 20.1.1 Notice shall be given in writing; and 20.1.2 Notice shall be served upon the Owner and any known Tenant of the property. 20.2 Service may consist of one or all of: 20.2.1 Personal service; 20.2.2 Posting the notice in a conspicuous place upon the Premises; 20.2.3 Mailing the notice by registered mail or regular Canada Post service to the mailing address listed for the Owner in the last returned assessment roll, and to the Premises if the former differs, or to the known Tenant on record in the same manner. 20.2.4 If the Owner or Tenant has indicated email as their preferred method of communication, the notice will be sent to the email address listed on the water account. Page 597 of 611 21 20.3 Where notice is given by posting the notice at the property or by registered mail, it shall be deemed to have been received three (3) calendar days after the posting or mailing as the case may be. 20.4 Where notice is given by regular Canada Post mail, it shall be deemed to have been received five (5) calendar days after the notice has been printed. 21. Schedule(s) 21.1 The Schedule(s) attached to this by-law shall form part of this by-law. 22. Effective Date 22.1 This by-law shall come into effect on January 14, 2025. 23. Repeal 23.1 By-law No. 2016-108 and all amendments thereto are hereby repealed. Passed this fourteenth day of January, 2025. ........................................................ ..................................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: January 14, 2025 Second Reading: January 14, 2025 Third Reading: January 14, 2025 Page 598 of 611 Schedule “A” Schedule of rates, fees and charges 1. Service Charges Monthly: Meter Size Water Rate Sewer Rate 15mm (5/8”) $23.80 $30.99 18mm (3/4”) $23.80 $30.99 25mm (1”) $38.09 $49.59 37mm (11/2”) $95.22 $123.97 50mm (2”) $178.53 $232.44 75mm (3”) $333.25 $433.88 100mm (4”) $577.24 $751.55 150mm (6”) $1,130.68 $1,472.10 200mm (8”) $1,886.45 $2,456.08 250mm (10”) $2,707.68 $3,525.29 2. Water and Sewer Volumetric Rates: Water Sewer Rate Type $1.433 $1.910 Per cubic meter 3. Monthly Flat rates for a Private Water/Sewer Service not Metered by choice or other determination of the City: Water Sewer $51.64 $58.13 4. Monthly flat rate for a Private Water/Sewer Service not Metered due to new construction of a residential property: Water Sewer $25.90 $26.99 Page 599 of 611 2 5. Flat rates for a Private Water Service not Metered because of refusal of Owner: Residential Premises After the Due Date Before Due Date 3x the current flat rate as per Section 3 3x the current flat rate as per Section 3 Other than Residential Premises After Due Date Before Due Date 3x the current service charge per Section 1 plus 3x single month average of previous 12 months consumption history, OR 4% less than the After Due Date amount as calculated for ICI, Section 4 3x the current service charge per Section 1, After Due Date plus, if no previous consumption history, 3x single month average of similarly sized account/type at the Engineer’s discretion 4% less than the After Due Date amount as Before Due Date calculated for ICI, Section 4 Page 600 of 611 CITY OF NIAGARA FALLS By-law No. 2025 – 009 A by-law to establish a Municipal Accommodation Tax and repeal By-law No. 2018-104 and By-law No. 2021-58. WHEREAS The Corporation of the City of Niagara Falls may, by by-law, impose a tax in respect of the purchase of transient accommodation in the municipality, in accordance with Part XII.1 of the Municipal Act, 2001, S.O. 2001 c. 25, as amended, (the “Act”), and the Transient Accommodation Tax Regulation O. Reg. 435/17; AND WHEREAS The Corporation of the City of Niagara Falls has passed by-laws for the establishment of a Municipal Accommodation Tax to be imposed on the purchase of short-term accommodations within the City of Niagara Falls; AND WHEREAS pursuant to section 400.1 of the Act and the O. Reg. 435/17, the Council of The Corporation of the City of Niagara Falls wishes to establish the tax rate and to levy on the purchase of transient accommodation within the City of Niagara Falls; AND WHEREAS pursuant to sections 400.1(3) and 400.4 of the Act, Council can establish enforcement measures as Council considers appropriate if an amount assessed for outstanding tax, penalties or interest remains unpaid after it is due; AND WHEREAS after due consideration, evaluation and consultation, the Council for The Corporation of the City of Niagara Falls has decided to repeal the previous Municipal Accommodation Tax By-law, as amended, and establish a new By-law in order to better support the City of Niagara Falls as a world class destination; AND WHEREAS the revenue to be generated by the Municipal Accommodation Tax is to be shared with a non-profit entity for the promotion of the City of Niagara Falls as a world class tourism destination; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Definitions 1.1 For the purposes of this By-law: 1.1.1 “Accommodation” means lodging, and the right to use lodging, that is provided for consideration, whether or not the lodging is actually used; 1.1.2 “Accommodation Property” includes: Page 601 of 611 2 1.1.2(1) a hotel, motel, inn, bed and breakfast, whole home vacation rental, vacation rental unit or other such lodging; and 1.1.2(2) the use of a bedroom, a suite of rooms containing a bedroom, or the use of a bed within a bedroom; 1.1.3 “City” means The Corporation of the City of Niagara Falls; 1.1.4 “Council” means the Council of The Corporation of the City of Niagara Falls; 1.1.5 “Eligible Tourism Entity” has the meaning given to it in O. Reg. 435/17, as amended, and may include one or more such entities; 1.1.6 “Establishment” means the physical location, a building or part of a building that provides Accommodation; 1.1.7 “Municipal Accommodation Tax” or “MAT” means the tax imposed under this By-law. This tax is applied on top of charges for tourist accommodation for each night of stay; 1.1.8 “Priority Destination Spending” has the meaning given to it in Section 11;and 1.1.9 “Transient Accommodation Provider” means the person or legal entity that operates an Accommodation Property. 2. Purpose of the Municipal Accommodation Tax 2.1 The purpose of the MAT is to support and grow the tourism industry in the City of Niagara Falls and to improve the livability of the City for the residents of Niagara Falls. 2.2 The identified goals of the MAT include, but are not limited to: 2.2.1 Increase tourism visitation; 2.2.2 Increase total tourism spend; 2.2.3 Increase tourism asset development and tax assessment; and 2.2.4 Undertake environmental sustainability initiatives in support of the tourism industry and the broader community. 2.3 The MAT can support a number of activities including, but not limited to: 2.3.1 Destination marketing; Page 602 of 611 3 2.3.2 Special events; 2.3.3 In destination activities; 2.3.4 Demand generation development; 2.3.5 Convention and meeting attraction support; 2.3.6 Supporting Regional wide activities that will lead to economic activity in the City of Niagara Falls; 2.3.7 Beautification activities; 2.3.8 Infrastructure development; 2.3.9 Sports tourism activities; 2.3.10 Tourism studies; and 2.3.11 Cost to administer the program. 3. Application of Municipal Accommodation Tax 3.1 A purchaser shall, at the time of purchasing or otherwise acquiring Accommodation, being Accommodation for a continuous period of less than twenty-eight (28) nights in an Accommodation Property, pay a Municipal Accommodation Tax as prescribed in this By-law. For further clarity even if the travelling public purchases or otherwise acquires Accommodation for a period exceeding twenty-eight (28) nights and a landlord tenant relationship is not established then the MAT will apply. The MAT will apply even if the Accommodation is provided to the travelling public for free or at no cost. 3.2 A Transient Accommodation Provider, providing Accommodation for a continuous period of less than twenty-eight (28) nights in an Accommodation Property, or for periods greater than twenty-eight (28) nights but where a landlord tenant relationship is not established, shall include on every invoice or receipt for the purchase of short-term accommodation, a separate item for the amount of the Municipal Accommodation Tax imposed on the purchase. 3.3 The Municipal Accommodation Tax shall be applied based on the rating of the Accommodation Property in the following amounts: 3.3.1 Five (5) Star - Seven Dollars ($7.00); 3.3.2 Four (4) Star - Six Dollars ($6.00); 3.3.3 Three (3) Star - Five Dollars ($5.00); 3.3.4 Two (2) Star - Four ($4.00); and Page 603 of 611 4 3.3.5 Unrated properties - Five ($5.00). 3.4 The amount of the tax entered pursuant to section 3.3 above, shall be identified as the Municipal Accommodation Tax on the invoice or receipt, as the case may be. 4. Exemptions 4.1 Municipal Accommodation Tax imposed by subsection 3 above, does not apply to: a. the Crown, every agency of the Crown in right of Ontario, and every authority, board, commission, corporation, office, organization of persons a majority of whose directors, members or officers are appointed or chosen by or under the authority of new Lt. Gov. in Council or a member of the Executive Council; b. every board as defined in subsection 1(1) of the Education Act, R.S.O. 1990, c. E.2; c. every university in Ontario and every college of applied arts and technology and postsecondary institution in Ontario, whether or not affiliated with the university, the enrolments of which are counted for the purposes of calculating annual operating grant entitlements from the Crown on accommodations provided to students while a student is registered and attending the institution; d. every hospital referred to in the list of hospitals and their grades and classifications maintained by the Minister of Health and Long-Term Care under the Public Hospitals Act, R.S.O. 1990, c. P.40, and every private hospital under the authority license issued under the Private Hospitals Act, R.S.O. 1990, c. P.24; e. every long-term care home as defined in subsection 2(1) of the Long-Term Care Homes Act, 2007, S.O. 2007, c. 8, retirement home, and hospice; f. every treatment center that receives provincial aid under the Ministry of Community and Social Services Act, R.S.O. 1990, c. M.20; g. every house of refuge, or watching for the reformation of offenders; h. every charitable, non-profit philanthropic corporation organized as shelters for the relief of the poor or for emergency; i. every tent or trailer site supplied by a campground, tourist or trailer park; j. every accommodation supplied by employers to their employees in the premises operated by the employer; and Page 604 of 611 5 k. every hospitality room in an establishment that does not contain a bed and is used for displaying merchandise, holding meetings, or entertaining. 5. Change in Municipal Accommodation Tax Rates 5.1 In the event an expansion to the Niagara District Airport is approved by the Niagara District Airport Commission and the municipal owners of the airport, there shall be a minimum One Dollar ($1.00) increase to the MAT set out in section 3.3 above, for all Accommodation Properties. This additional tax increase will be used to support the capital cost of such expansion and/or marketing support for airport activities. 5.2 In the event a visitor transportation system is developed and implemented within the City of Niagara Falls, there shall be a minimum One Dollar ($1.00) increase to the MAT set out in section 3.3 above, for all Accommodation Properties. 5.3 In the event the Province of Ontario or the Government of Canada provides a materially significant funding source that requires matching contributions from the City, the MAT may be increased for such purpose. 5.4 Other MAT rate increases (in addition to the automatic minimum $1.00 increase under each of Sections 5.1 and 5.2 and any increase under Section 5.3) can be undertaken by Council with a minimum ninety (90) days’ notice period to the tourism industry. Prior to a MAT increase pursuant to this subsection, Council requires formal industry consultation, adequate study and review including, but not limited to, a third-party review of the performance of the current activities, a competitive analysis of other North American destinations, and a formal plan with articulated goals of the additional or incremental MAT increase. 5.5 In the event of a request from the Eligible Tourism Entity to Council for a change in the MAT rate, Council shall evaluate this request. 6. Tax Collected by Transient Accommodation Provider 6.1 A Transient Accommodation Provider shall include on every invoice or receipt for the purchase of Accommodation, a separate item identified as "Municipal Accommodation Tax” setting out the amount of Municipal Accommodation Tax imposed on the purchase. 6.2 A Transient Accommodation Provider shall collect the Municipal Accommodation Tax from the purchaser at the time the Accommodation is purchased or otherwise acquired. 6.3 The Municipal Accommodation Tax collected by Transient Accommodation Providers shall be remitted to the Treasurer of the City of Niagara Falls, or their designate, on the last day of each month by electronic transfer. Page 605 of 611 6 6.4 Each Transient Accommodation Provider that remits the Municipal Accommodation Tax shall forward to the Treasurer of the City of Niagara Falls, or their designate, a completed Remittance Form by e-mail addressed to finance@niagarafalls.ca. 6.5 The City may assess an assumed amount of MAT tax owing if the Transient Accommodation Provider fails to provide payment and/or reporting as required in accordance with the provisions of this By-law. 7. Penalties and Interest 7.1 Penalties and interest at the rate applicable to overdue property taxes shall be payable by a Transient Accommodation Provider on the non-payment of the full amount of the Municipal Accommodation Tax by the due date set out in the notice, and interest may be added on the first day of default and on each month thereafter in which the default continues. 8. Liens 8.1 All Municipal Accommodation Tax penalties and interest that are past due shall be deemed by the City Treasurer to be in arrears, and shall be transferred to the Transient Accommodation Provider’s property tax roll to be collected by the City in the same manner as municipal property taxes and shall constitute a lien upon the Accommodation Property. 9. Audit and Inspection 9.1 Every Transient Accommodation provider shall keep books of account, records, and documents sufficient to furnish the City and its designated tax collectors with the necessary particulars of sales of Accommodation, amount of MAT collected and remittance. 9.2 The City’s Treasurer or their designate, may inspect and audit all books, documents, transactions and accounts of Transient Accommodation Providers and require Transient Accommodation Providers to produce copies of any documents or records within a reasonable time required for the purposes of administering and enforcing this By-law, as required. 9.3 The cost of audits for the Transient Accommodation Providers, pursuant to this section 9, will be shared equally by the Eligible Tourism Entity and the City. 10. Eligible Tourism Entity 10.1 The City will enter into an agreement with an Eligible Tourism Entity effective January 1, 2026. 10.2 The members of an Eligible Tourism Entity must represent a broad cross-section of the local tourism industry. Page 606 of 611 7 10.3 The Eligible Tourism Entity will be required to develop a five (5) year strategy document for the promotion of Niagara Falls as a world class tourism destination, as well as an annual plan. The strategy document and annual plans will be presented to Council along with progress updates in relation to the plan and the goals of the MAT. 10.4 The Eligible Tourism Entity will be responsible for the prudent spending of allocated MAT resources and for all necessary financial reporting and record keeping. 10.5 The Chief Administrative Officer (CAO) for the City of Niagara Falls, or designate, is hereby delegated the authority to enter into agreements, including all necessary documents ancillary thereto, with any Eligible Tourism Entity that will receive a share of the MAT revenue, respecting reasonable financial accountability matters, among other things, in order to ensure that amounts paid to the Eligible Tourism Entity are used for the exclusive purpose of promoting Niagara Falls tourism. All such agreements shall be in a form satisfactory to the City’s solicitor. 11. Allocation of Municipal Accommodation Tax Revenue 11.1 The MAT revenue will be allocated into three envelopes of funding, in accordance with Part XII.1 of the Municipal Act, 2001, S.O. 2001 c. 25, as amended, (the “Act”), and the Transient Accommodation Tax Regulation O. Reg. 435/17. 11.2 The first envelope is for Priority Destination Spending. This spending will be determined by the Eligible Tourism Entity and the City through the strategic plan. This funding will be in priority to other spending allocations, save and except for the administrative costs incurred by the City to administer the MAT. 11.3 Priority Destination Spending will be the largest funding envelope and will be for the exclusive purpose of promoting tourism for items such as but not limited to: 11.3.1 Destination marketing; 11.3.2 Convention and meeting support; 11.3.3 In-destination marketing and activation; 11.3.4 Premiere special events; and 11.3.5 Airport and visitor transportation system spending. 11.4 The Eligible Tourism Entity will be responsible for the spending and reporting of the Priority Destination Spending. Page 607 of 611 8 11.5 The remaining MAT funding will be divided into two equal envelopes. One envelope will be allocated to the City and the other to the Eligible Tourism Entity. 11.6 The funding allocated to the City will be used for items such as, but not limited to: 11.6.1 The administration of the MAT; 11.6.2 Infrastructure projects in tourism areas; 11.6.3 Sports tourism; 11.6.4 Cultural events; 11.6.5 Beautification of the City; 11.6.6 Research and studies; 11.6.7 Wayfinding; and 11.6.8 By-law enforcement activities. 11.7 The Eligible Tourism Entity will utilize its allocated funds for the exclusive purpose of promoting tourism for items such as but not limited to: 11.7.1 Administration of the program; 11.7.2 Other marketing or demand generating activities as developed by the Eligible Tourism Entity; and 11.7.3 Development of strategic plans and studies. 12. Budget Development and Reporting 12.1 Both the City and the Eligible Tourism Entity will annually create and present a budget and operating plan to the board of the Eligible Tourism Entity and Council. 12.2 Both the City and the Eligible Tourism Entity will, on an annual basis, present a report on the spending and performance to the stated goals of the MAT. 12.3 The Eligible Tourism Entity will provide audited statements to Council on an annual basis. 12.4 The City and Eligible Tourism Entity will develop a strategic plan on a five (5) year or lesser basis which will guide the activities of the MAT. 13. Offence and Penalties 13.1 Every person who contravenes any provision of this By-law is guilty of an offence as provided for in subsection 429(1) of the Act, and all such offences are Page 608 of 611 9 designated as continuing offences as provided for in subsection 429(2)(a) of the Act. 13.2 A person who is convicted of an offence under this By-law is liable to a minimum fine of $500.00 and a maximum fine of $100,000.00 as provided for in subsection 429(3), paragraph 1 of the Act. 13.3 A person who is convicted of an offence under this By-law is liable, for each day or part of a day that the offence continues, to a minimum fine of $500.00 and a maximum fine of $10,000.00 and the total of all of the daily fines for the offence is not limited to $100,000.00, as provided for in subsection 429(3) paragraph 2 of the Act. 13.4 When a person has been convicted of an offence under this By-law, the Superior Court of Justice or any court of competent jurisdiction thereafter may, in addition to any penalty imposed on the person convicted, issue an order: 13.4.1 prohibiting the continuation or repetition of the offence by the person convicted; and 13.4.2 requiring the person convicted to correct the contravention in the manner and within the period that the court considers appropriate. 14. Effective Date and Transition 14.1 This By-law will become effective on May 1st, 2025 (the “Effective Date”). 14.2 Prior to the Effective Date, By-law No. 2018-104, as amended, shall remain in effect. After the Effective Date, By-law No. 2018-14, as amended, shall hereby be repealed. 14.3 The Niagara Falls Hotel Association shall remain the Eligible Tourism Entity until the City enters into an agreement with a new Eligible Tourism Entity effective January 1, 2026. 14.4 By-law No. 2021-58 is hereby repealed. Read a First, Second and Third time; passed, signed and sealed in open Council this XX day of XXXX, 20XX ......................................................................... ................................................... WILLIAM G. MATSON, ACTING CITY CLERK JAMES M. DIODATI, MAYOR Page 609 of 611 THE CORPORATION OF THE CITY OF NIAGARA FALLS By-Law No. 2025-010 A by-law to adopt a policy to govern the procurement of goods and services for The Corporation of the City of Niagara Falls. WHEREAS Section 5 of the Municipal Act, 2001, S.O. 2001, C. 25, as amended, provides that the powers of the municipal Council shall be exercised by By-law, unless the municipality is specifically authorized to do otherwise; WHEREAS Section 270(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, requires a municipality to adopt and maintain policies with respect to its Procurement of goods and services; AND WHEREAS the Council of the Corporation of the City of Niagara Falls has deemed it desirable to set out its policies with the respect to the purchase of Goods, Services and/or Construction in this By-law; NOW THEREFORE the Council of The Corporation of the City of Niagara Falls hereby enacts as follows: 1. That the Council of The Corporation of the City of Niagara Falls hereby adopts the Procurement Policy for the City of Niagara Falls attached hereto and marked as Schedule “1” to this By-law. 2. That the City of Niagara Falls By-law 2021-04 be repealed in its entirety. 3. That the City of Niagara Falls Report Number MW-2013-02 Consultant Selection Policy be discontinued in its entirety. 4. The title of this By-law is the “Procurement By-law”. 5. That the effective date of this By-law shall be the 15th day of March, 2025. Read a first, second and third time; passed, signed and sealed in open Council this ______ day of ___________, _________. ..................................................................... .................................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 610 of 611 CITY OF NIAGARA FALLS By-law No. 2025 - 011 A by-law to adopt, ratify and confirm the actions of the City Council at its meeting held on the 14th day of January, 2025. 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 14th day of January 2025 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 14th day of January, 2025. ........................................................ ……........................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 611 of 611