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HomeMy WebLinkAbout02-04-2025 AGENDA City Council Meeting 2:00 PM - Tuesday, February 4, 2025 Council Chambers/Zoom App. Page 1. IN CAMERA SESSION OF COUNCIL 1.1. In-Camera Resolution (added) February 4, 2025 - Resolution to go In-Camera 11 2. CALL TO ORDER O Canada: Performed by: Sarah and Sarae Watson Land Acknowledgement and Traditional Indigenous Meeting Opening 3. ADOPTION OF MINUTES 3.1. Council Minutes of January 14, 2025 City Council - 14 Jan 2025 - Minutes - Pdf 12 - 31 3.2. Council Minutes of January 21, 2025 (Budget Meeting) City Council - 21 Jan 2025 (Budget) - Minutes- Pdf 32 - 37 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. Recognition - Inspector Chris Gallagher - Niagara Parks Police Mayor Diodati to recognize Inspector Chris Gallagher, from his retirement from the Niagara Parks Police. 6.2. Recognition of Blair McKeil Mayor Diodati, on behalf of Council, to recognize Blair McKeil for his contributions to benefit residents and families of Niagara Falls Page 1 of 515 through his investments in the Santa Claus Parade. Also in attendance will be Blair's wife, Kathy, and Robbie and Ana Bratina, whom built an event float for the parade. 6.3. Niagara Parks Commission (Postponed until April 8th, 2025) 6.4. Big Brothers Big Sisters (Presentation added) Erin Graybiel, Executive Director of Big Brothers Big Sisters of Niagara, will provide an update on their life-changing mentorship in Niagara Falls. Presentation - Big Brothers Big Sisters - City of Niagara Falls Feb 4 2025 38 - 43 7. REPORTS 7.1. MW-2025-04 Sidewalk Winter Maintenance MW-2024-Sidewalk Winter Maintenance Consideration - Pdf Presentation - 2025_02_04 Sidewalk Winter Maintenance 44 - 63 7.2. MW-2025-05 Portage Road Watermain Replacement-Niagara Parks Commission Cost Sharing MW-2025-05 - Pdf 64 - 68 7.3. PBD-2025-10 Street Name Change – Schisler Road to Pattison Lane Portion of Schisler Road at Montrose Road PBD-2025-10 - Pdf 69 - 98 7.4. PBD-2025-12 Construction Fencing PBD-2025-12 - Pdf 99 - 111 7.5. PBD-2025-11 (Report added) (Presentation Added) Single Room Occupancy (SRO) Project – Addendum Report to Report PBD-2025-08 PBD-2025-11 - Pdf 112 - 399 Page 2 of 515 SRO Presentation Council February 4, 2025 7.6. CAO-2025-03 - Clerks (Report added) Mid-Term Requests and Adjustments for Advisory Committees of Council CAO-2025-03 - Pdf 400 - 402 7.7. CAO-2025-04 (FIRE) (Report added) Self Contained Breathing Apparatus (SCBA) Decontamination Washer Project Capital Budget Amendment CAO-2025-04 - Pdf 403 - 405 8. 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. RECOMMENDATION: THAT Council APPROVE Item #8.1. 8.1. CS-2025-18 (Finance) 2024 Q3 Water/Wastewater Fund Budget to Actual Variance (Unaudited) CS-2025-18 (Finance) 2024 Q3 Water/Wastewater Fund Budget to Actual Variance (Unaudited) - Pdf 406 - 413 9. 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. Page 3 of 515 RECOMMENDATION: THAT Council approve/support Item #9.1 through to and including Item #9.9. 9.1. Proclamation and Flag-Raising Request - Christian Heritage Month Attached is a request for Council to proclaim December 2025 as "Christian Heritage Month" and to include a flag-raising ceremony this year to provide a meaningful and visible was to recognize this initiative. Recommendation: THAT Council PROCLAIM December 2025 as "Christian Heritage Month" and to arrange for a flag-raising ceremony in 2025 to recognize this initiative. Proclamation and Flag-Raising Request - Christian Heritage Month 414 - 415 9.2. Proclamation and Flag-Raising Request - Bulgarian Heritage Day Attached is a request from the Consul General, Republic of Bulgaria for Council to proclaim Monday, March 3, 2025 as "Bulgarian Heritage Day" and to arrange a flag-raising ceremony for the same day. Recommendation: THAT Council PROCLAIM Monday, March 3, 2025 as "Bulgarian Heritage Day" and to arrange a flag-raising ceremony for the same day. Proclamation and Flag-Raising Ceremony - Bulgarian Heritage Day 416 9.3. Proclamation & Flag Raising Request - Polish Constitution Day Attached is a a formal request from Jan Dabrowski for Council to proclaim the month of May "Polish Heritage Month". And that Council proclaim Saturday, May 3rd as "Poland's Constitution Day" and to arrange a flag-raising ceremony for Saturday, May 3rd. Recommendation: THAT Council PROCLAIM the month of May "Polish Heritage Month". THAT Council PROCLAIM Saturday, May 3rd, 2025 as "Poland's Constitution Day" and to arrange a flag-raising ceremony for Saturday, May 3rd, 2025. 417 Page 4 of 515 Letter to City Clerk - Flag Raising Request 9.4. Proclamation and Flag-Raising Request - Parental Alienation Awareness Day Attached is a request for Council to proclaim Friday, April 25, 2025 as "Parental Alienation Awareness Day" and to schedule a flag-raising ceremony for the same date. Proclamation Request - Parental Alienation Awareness Day - Example from 2023 418 9.5. Proclamation Request - Preventative Health Awareness Month (PHAM) Attached is a request asking Council to declare the month of February 2025 as "Preventative Health Awareness Month" in the City of Niagara Falls. Recommendation: THAT Council DECLARE the month of February 2025 as "Preventative Health Awareness Month" in the City of Niagara Falls. Proclamation Request - Preventative Health Awareness Month 419 - 420 9.6. Proclamation Request - Heritage Week Attached is a request for City Council to proclaim the week of February 17-23, 2025, as "Heritage Week" in the City of Niagara Falls. Recommendation: THAT Council PROCLAIM the week of February 17-23, 2025, as "Heritage Week" in the City of Niagara Falls. Procalmation Request - 2025- MEMO - 2025 Heritage Week 421 9.7. Memo - Council Advisory Committee Appointment Request - Municipal Heritage Committee Attached is a memo to Council regarding a vacancy on the Municipal Heritage Committee. Recommendation: For the APPROVAL of Council. 2025- MEMO - Council Advisory Committee Appointment Request 422 9.8. Victoria Centre BIA - 2025 Budget/Levy Attached is the Victoria Centre BIA 2025 budget for Council 423 - 425 Page 5 of 515 consideration. Recommendation: THAT Council APPROVE the Victoria Centre BIA's 2025 Budget as presented. Letter to City Clerk - Victoria Centre BIA 2025 budget 9.9. Flag Raising Request (Request Added) Attached is a request from the Consulate General of the Republic of Kosovo in Toronto, to organize a flag raising ceremony to commemorate Kosovo's Independence Day, on or around February 17, 2025. Flag Raising and Community Recognition Request - Consulate General of the Republic of Kosovo in Toronto 426 10. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK RECOMMENDATION: THAT Council receive for information Item #10.1 through to and including Item #10.4. 10.1. Resolution - City of Peterborough - Bill 242, Safer Municipalities Act, 2024 Council Resolution Attached is a resolution passed by Council of the City of Peterborough on January 13, 2025. Recommendation: THAT Council RECEIVE for information. City of Peterborough - Bill 242, Safer Municipalities Act, 2024 Resolution - January 13, 2025 427 - 429 10.2. Resolution-City of Welland-Redistributing a portion of Land Transfer Tax to municipalities Attached is a letter from the City of Welland. The letter is asking Prime Minister Trudeau to consider redistributing a portion of collected land transfer taxes as well as a percentage of any GST collected on property sales, amongst the municipalities in order to provide additional funding for infrastructure needs and investments. Recommendation: THAT Council RECEIVE for information. Resolution - Motion to Honourable Prime Minister Trudeau 430 - 431 10.3. Correspondence from the Niagara Region Attached is correspondence sent from the Niagara Region 432 - 433 Page 6 of 515 pertaining to the following matters: 1. CLK-C 2025-002 Niagara Region Motion respecting Use of the Notwithstanding Clause Recommendation: THAT Council RECEIVE for information. CLK-C 2025-002 Niagara Region Motion respecting Use of the Notwithstanding Clause 10.4. Correspondence from the Niagara Transit Commission - Niagara Transit Master Plan Public Engagement Attached is correspondence from the Niagara Transit Commission, to notify the public of the upcoming public engagement sessions that will be offered, regarding their Facilities, Strategic Asset and Service Network Master Plan. Recommendation: THAT Council RECEIVE for information. Niagara Transit Memorandum - Public Engagement for the Facilities, Strategic Asset, and Service Network Master Plan, January 2025 434 - 435 11. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 11.1. 2024 Memorandum of Understanding for Engineering Review Function with Niagara Region Attached is correspondence from the Niagara Region informing of the Bill 23 proclamation date for the Region is March 31, 2025. Recommendation: THAT Council ENDORSE the MOU and AUTHORIZE the CAO to sign. 2025-01-15 NR MOU Engineering Memo - Niagara Falls MOU Engineering Function - final 436 - 457 12. RESOLUTIONS 12.1. AM-2024-035-9304 McLeod Road & PID 1337 (Added) A Public Meeting was held by Council on January 14, 2025, to consider an Official Plan Amendment and Zoning By-law Amendment to facilitate 544 dwelling units, parkland, a stormwater management facility, and watercourse protection. The recommendations of Report No. PBD-2025-02 were approved by Council on January 14th , 2025 and By-Law No. 2025-021 has 458 - 459 Page 7 of 515 been placed on Council’s agenda this evening. Since January 14, 2025, it was identified by Staff that zoning relief is required to permit accessory buildings, with or without additional dwelling units, in the front yards of the lots abutting McLeod Road or Beechwood Road, and to eliminate the maximum width of a driveway or parking area in the front yard for these same lots, as depicted on the Demonstration Plan that was submitted with the application and presented to Council and the public on January 14th, 2025. The attached resolution is required to deem the proposed changes minor and exempt the requirement for further notice for the purpose of granting the zoning relief required to permit accessory buildings, with or without additional dwelling units, in the front yards of the lots abutting McLeod Road or Beechwood Road, and to eliminate the maximum width of a driveway or parking area in the front yard for these same lots. No. 6 - Resolution - AM-2024-035 - 9304 Mcleod Road & PID 1337 13. RATIFICATION OF IN-CAMERA 14. NOTICE OF MOTION/NEW BUSINESS Except as otherwise provided in the Procedural By-law, all Notices of Motion shall be presented, in writing, at a Meeting of Council, but shall not be debated until the next regular Meeting of Council. A Motion may be introduced without notice, if Council, without debate, dispenses with the requirement for notice on the affirmative vote of two- thirds of the Members present. 14.1. NOTICE OF MOTION - Homelessness Committee Attached is a request for a Notice of Motion from Councillor Lori Lococo requesting Council to re-instate the Homelessness Committee to assist in dealing with the issues that the City has regarding homelessness, mental health and addiction. Notice of Motion - from Councillor Lococo - Homelessness Committee 460 14.2. NOTICE OF MOTION - Commercial Parking Lots Attached is a request for a Notice of Motion from Councillor Patel pertaining to Commercial Parking Lots. Notice of Motion - from Councillor Mona Patel - Commercial 461 - 462 Page 8 of 515 Parking Lots - 15. BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by-law listed for Council consideration. 2025- 014. A by-law to declare 11211 Sodom Road; Willoughby Township Hall; as surplus. By-law 2025-014 - Declare Lands as Surplus-Willoughby Township Hall 463 2025- 015. A by-law to declare 8196 Cummington Square West; Chippawa Town Hall; as surplus. By-law 2025-015 - Declare Lands as Surplus - Chippawa Town Hall 464 2025- 016. A by-law to regulate the clearing of snow and ice from sidewalks within the City of Niagara Falls. By-law 2025-016 - Sidewalk Snow Clearing 465 - 470 2025- 017. A by-law to prescribe construction fencing as it relates to building permits issued under the Building Code Act. By-law 2025-017 - Construction Fencing By-law 471 - 474 2025- 018. A by-law to amend By-law No. 2024-045, to expand the Administrative Monetary Penalties System (“AMPS”) for Non- Parking Matters to include additional administrative monetary fines for By-law No. 2015-101, By-law No. 2009-73, By-law No. 2001-31, By-law No. 93-242, By-law No. 98-217 (as amended by By-law No. 99-217), By-law No. 99-16, By-law No. 2014-58, By- law No. 2005-70 (as amended by By-law No. 2014-153), By-law No. 2021-24 and By-law No. 2019-35. (Added) By-law 2025-018 - By-Law to Amend AMPS By-law SCHEDULES A and B for AMPS BY LAW-NP updated 475 - 494 2025- 019. 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). 495 - 499 Page 9 of 515 By-law 2025-019 - AM-2024-034 - Additional Dwelling Units - ZBA 2025- 020. A by-law to provide for the adoption of Amendment No. 179 to the City of Niagara Falls Official Plan (AM-2024-035). (Added) By-law No. 2025-020 - AM-2024-035 - 9304 McLeod Road & PID 1337 - OPA 500 - 505 2025- 021. A by-law to amend By-law No. 79-200 to regulate the McLeod Meadows Plan of Subdivision, subject to the removal of a Holding (H) symbol (AM-2024-035). (Added) By-law No. 2025-021 - AM-2024-035 - 9304 McLeod Road & PID 1337 - ZBA 506 - 512 2025- 022. 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. (Added) By-law 2025-022 - 2025 FEB 4 By-law Enforcement Officers 513 - 514 2025- 023. A by-law to adopt, ratify and confirm the actions of the City Council at its meeting held on the 4th day of February, 2025. By-law 2025-023 02 04 25 Confirming By-law 515 16. ADJOURNMENT Page 10 of 515 The City of Niagara Falls, Ontario Resolution February 4, 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 February 4, 2025, Niagara Falls City Council will be holding Closed Meetings as permitted under s. 239 (2) of the Municipal Act, namely; (a) the security of the property of the municipality; (c) a proposed or pending acquisition or disposition of land by the municipality or local board; (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; (k) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board. THEREFORE BE IT RESOLVED that on February 4, 2025 Niagara Falls City Council will go into a closed meeting to consider matters that fall under 239 (2) (a) to deal with the security of the property of the municipality related to municipal assets; (c) a proposed or pending acquisition or disposition of land by the municipality related to multiple properties; (e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board regarding an Ontario Land Tribunal matter as well related to property leases; (f) advice that is subject to solicitor-client privilege regarding the same property leases and a proposed sidewalk winter maintenance by-law; and (k) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality regarding possible procurement. AND The Seal of the Corporation be hereto affixed. WILLIAM G. MATSON JAMES M. DIODATI CITY CLERK MAYOR Page 11 of 515 MINUTES City Council Meeting 2:00 PM - Tuesday, January 14, 2025 Council Chambers/Zoom App. The City Council Meeting of the City of Niagara Falls was called to order on Tuesday, January 14, 2025, at 4:33 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 Mona Patel, Councillor Mike Strange COUNCIL ABSENT: Councillor Wayne Campbell, Councillor Victor Pietrangelo STAFF PRESENT: Jason Burgess, Bill Matson, Erik Nickel, Tiffany Clark, Jo Zambito, Nidhi Punyarthi, Kathy Moldenhauer, Kira Dolch, Shelley Darlington, Dale Morton, Signe Hansen, Margaret Corbett, Heather Ruzylo (present in Chambers) Gerald Spencer, Trent Dark (present over Zoom) 1. IN CAMERA SESSION OF COUNCIL 1.1. In-Camera Resolution - January 14, 2025 Moved by Councillor Mike Strange Seconded by Councillor Ruth-Ann Nieuwesteeg THAT Council ENTER into an In-Camera session on January 14, 2025. Carried Unanimously (Mayor Diodati and Councillor Patel absent from the vote). 2. CALL TO ORDER The City Council Meeting was called to order at 4:33 PM. Councillor Nieuwesteeg hadn't returned from In-Camera meeting at this point of agenda. 3. ADOPTION OF MINUTES 3.1. Council Minutes of December 10, 2024 Moved by Councillor Tony Baldinelli Seconded by Councillor Chris Dabrowski THAT Council APPROVE the minutes of December 10, 2024 meeting as Page 1 of 20 Page 12 of 515 presented. Carried Unanimously (Councillor Nieuwesteeg was absent from the vote). 4. DISCLOSURES OF PECUNIARY INTEREST None reported. 5. MAYOR'S REPORTS, ANNOUNCEMENTS a) Mayor Diodati discussed the following events and announcements: Polar Bear Dip  Also attended by Councillors Nieuwesteeg, Dabrowski, Patel, Baldinelli, Pietrangelo, Strange and Lococo HATCH Workshops  Also attended by Councillor Lococo Councillor Representation Councillor Dabrowski Grand Kerala Cuisine Councillor Lococo Annual New Year’s Eve Levee at the Military Museum Flag Raising  Crime Stoppers flag raising o Also attended by Councillor Nieuwesteeg Business Happenings  Red Barn Organics Grand Opening o Also attended by Councillor  Biryani Queens Grand Opening o Also attended by Councillor  Pur & Simple Grand Opening o Also attended by Councillors Ice Wine Gala  2025 Niagara Ice Wine Festival - "Cool As Ice Gala" - Niagara Parks Power Station  Saturday, January 18, 2025\ Team Canada - Curling - World University Games - Torino Italy  Jessica Zheng and Victor Pietrangelo (Jr.) are competing in the World University Games in Torino, Italy. Coming up:  O Canada Singer – talent search o Youth singers and musicians/ up-and-coming artists o Showcase your talent o Online application form/ video or audio recording o All-ages welcome/ groups welcome/ choirs/ instrumentalists Page 2 of 20 Page 13 of 515 o Meetings are broadcast online and on Epico 100 and 700 television channels o Resident of Niagara Falls- but open b) The next scheduled Council meeting is a budget meeting to be held on Tuesday, January 21, 2025. The next scheduled Council meeting to be held on Tuesday, February 4, 2025. 6. DEPUTATIONS / PRESENTATIONS 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 recognized 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, was present, along with their Sensei, to share both of their outstanding achievements. Councillor Nieuwesteeg returned to Chambers at 5:09 PM. 6.3. Appointment Request - Resident, Rose Amer, Pastor at Niagara Falls Christian Ministries Resident of Niagara Falls, Rose Amer, addressed Council on the topic of encampments, homelessness, poverty and potential solutions. She is looking for support from Council by recognizing the need to look at tiny home villages to assist with the homelessness situation. 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 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, Page 3 of 20 Page 14 of 515 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 The Public Meeting commenced at 5:24 PM. Julie Hannah, Manager of Policy Planning, provided an overview of Report PBD-2025-01. Yan Miao (Mary), (Nicole Wharton, neighbour of Mary spoke on Mary's behalf, living at 4248 Huron Street) of 4711 Zimmerman Avenue and 4219 Huron Street, addressed Council citing concerns about this proposal. Limited sightlines and concerns about her property value being negatively impacted were issues raised. Also cited concerns of not being properly notified of potential changes. Shelagh Mulligan, 4671 River Road, addressed Council citing concerns about not being properly notified. Not opposed to the development however, Sheila cited concerns about the size of the proposal, along with potential parking issues with the increased volume. Franco Piscitelli, 5100 Dorchester Road, addressed Council opposing the development as it pertains to the University of Niagara Falls Canada. Further, added comments that he disagreed with the name of the University containing the name "Niagara Falls." Frank Deluca, of 4341 Kilman Place, addressed Council questioning why there isn't a parking study conducted for the development. Theresa Roth, of 4455 Park Street, addressed Council citing concerns about the Park Street proposal, referencing public signs noting a 20 story development. Robert Jackson, of 4671 River Road, addressed Council expressing concerns with the setbacks mentioned in application. Joedy Burdette, of 4480 Bridge Street, addressed Council suggesting that he was interested in potentially selling his property to the University. Aras Raci (Aras Reisiardekani), addressed Council supporting the development. The Public Meeting closed at 6:34 PM. Moved by Councillor Mike Strange Page 4 of 20 Page 15 of 515 Seconded by Councillor Chris Dabrowski 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. Carried (Councillor Lococo was opposed). 7.2. PBD-2025-03 - Public Meeting 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 Councillor Dabrowski left Chambers and returned at 6:52 PM. The Public Meeting commenced at 6:48 PM. Chris Roome, Planner 2, provided an overview of Report PBD-2025-03. Tracey Pillon-Abbs, acting on behalf of the agent, addressed Council virtually answering questions of Council. Segathevan Shanmugan, agent, of 418-95 Prince Arthur Avenue, Toronto, answered questions of Council clarifying the use of the proposal. The Public Meeting closed at 7:07 PM. Moved by Councillor Chris Dabrowski Seconded by Councillor Mona Patel 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. Carried Unanimously Page 5 of 20 Page 16 of 515 7.3. PBD-2025-04 (Public Meeting) City Initiated Zoning By-law Amendment AM-2024-033 (PLZBA20240779) General Amendments to Zoning By-law No. 79-200 The Public Meeting commenced at 7:07 PM. Mayor Diodati left the meeting at 7:18 PM and Councillor Mike Strange resumed as Chair. Danielle Foley, Senior Planner, Long Range Planning Initiatives, provided an overview of Report PBD-2025-04. Mayor Diodati returned at 7:13 PM. The Public Meeting closed at 7:14 PM. Moved by Councillor Mona Patel Seconded by Councillor Chris Dabrowski THAT Council APPROVE the general amendments to Zoning By-law No. 79- 200, as outlined in this report. Carried Unanimously 7.4. PBD-2025-05 (Public Meeting) City Initiated Zoning By-law Amendment AM-2024-034 (PLZBA20240780), Updated Additional Dwelling Unit Regulations The Public Meeting commenced at 7:14 PM. Danielle Foley, Senior Planner, Long Range Planning Initiatives, provided an overview of Report PBD-2025-05. Aras Reisiardekani, of Niagara Falls, delivered a presentation to Council. Joedy Burdette, of 4480 Bridge Street, addressed Council citing concerns about changing the height requirements and expressed concerns about the window criteria. The Public Meeting closed at 7:51 PM. Moved by Councillor Lori Lococo Seconded by Councillor Mike Strange 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. Page 6 of 20 Page 17 of 515 Carried Unanimously 7.5. PBD-2025-02 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 The Public Meeting commenced at 7:51 PM. Mackenzie Ceci, Senior Planner, Current Development, provided an overview of Report PBD-2025-02. Joedy Burdette, of 4480 Bridge Street, addressed Council providing comments pertaining to this development. Rocky Vacca, Solicitor, addressed Council addressing concerns raised by Joedy Burdette. Mary Lou Tanner, acting as the agent from NPG Planning Solutions, addressed Council supporting the application, asking Council to approve all applications as mentioned in report. The Public Meeting closed at 8:14 PM. Moved by Councillor Mike Strange Seconded by Councillor Chris Dabrowski 1. THAT Council APPROVE the Official Plan Amendment and Zoning By- law 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 of the job replacement to justify the conversion, and the 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; Page 7 of 20 Page 18 of 515 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. THAT the Mayor and City Clerk be AUTHORIZED to execute the Subdivision Agreement(s) and any required documents to allow for the future registration of the Subdivision(s) when all matters are addressed to the satisfaction of the City Solicitor. Carried (Councillor Lococo was opposed). Moved by Councillor Chris Dabrowski Seconded by Councillor Mike Strange THAT Council approve moving to Item #9.2 on the agenda at 8:15 PM. Carried Unanimously 8. REPORTS 8.1 . CAO-2025-01 Municipal Accommodation Tax Doug Birrell, President of the Niagara Falls Canada Hotel Association, addressed Council asking Council to honour the agreement signed 2 years ago. Mr. Birrell strongly opposed the proposed Municipal Accommodation Tax by-law and asked Council not to approve the current by-law. Moved by Councillor Mike Strange Seconded by Councillor Lori Lococo THAT Council agree to extend the Council meeting past 10:00 PM. Carried Unanimously Moved by Councillor Ruth-Ann Nieuwesteeg Seconded by Councillor Chris Dabrowski THAT Council DEFER Report CAO-2025-01, Municipal Accommodation Tax until Tuesday, January 21, 2025. Ayes: Councillor Lori Lococo, Councillor Ruth-Ann Nieuwesteeg, and Councillor Chris Dabrowski Nays: Mayor Jim Diodati, Councillor Mike Strange, Councillor Tony Baldinelli, and Councillor Mona Patel DEFEATED. 3-4 on a recorded vote Moved by Councillor Tony Baldinelli Seconded by Councillor Mike Strange Page 8 of 20 Page 19 of 515 1. THAT Council RECEIVE the attached report and proposed Municipal Accommodation Tax bylaw with the following amendments: o That the Municipal Accommodation Tax move to 4% of the Room Rate effective April 1, 2026 and 5% effective April 1, 2027 o That section 5.1 and 5.2 of the proposed bylaw change from a minimum of $1 (one dollar) to a minimum of 1% respectively. o That Council direct staff to come back to Council with a revised bylaw prior to June 1, 2026 with any other changes that may be required to implement these changes. 2. THAT a committee be formed to work on the specifics of how the money is to be allocated. Carried (Councillor Dabrowski and Councillor Lococo was opposed) 8.2. CAO-2025-02 Request for Downtown BIA Funds for 2025 Flower Program Moved by Councillor Mona Patel Seconded by Councillor Tony Baldinelli 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 and that Council APPROVE a single source supplier for the flowers. 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. Carried Unanimously 8.3. CS-2025-04 2025 Interim Tax Levy Moved by Councillor Chris Dabrowski Seconded by Councillor Mike Strange THAT Council APPROVE the 2025 Interim Tax Levy calculation and by-law providing for the 2025 Interim Tax Levy. Carried Unanimously 8.4. CS-2025-08 Surplus Land - Looking for Change: City Review Moved by Councillor Lori Lococo Seconded by Councillor Mona Patel 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 Page 9 of 20 Page 20 of 515 sale. Carried Unanimously 8.5. CS-2025-11 Reduce Wi-Fi at Public Locations - Looking for Change: City Review Moved by Councillor Lori Lococo Seconded by Councillor Tony Baldinelli 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. Carried Unanimously 8.6. CS-2025-15 Chippawa Boat Ramp Parking - Looking for Change: City Review (2025 Budget Proposals) Direction to Staff: That Council give relief to staff from the requirement of proof of ownership. Moved by Councillor Mike Strange Seconded by Councillor Ruth-Ann Nieuwesteeg 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. 4. AND THAT Council DIRECT Staff to provide alternative options should a resident have a Resident's Convenience Pass. Carried Unanimously 8.7. CS-2025-17 Procurement Policy Update Mayor Diodati left Chambers at 10:19 PM and Councillor Mike Strange Page 10 of 20 Page 21 of 515 resumed as Chair. Mayor Diodati returned at 10:23 PM. Shelley Darlington, General Manager of Corporate Services, introduced Karen Judd, Senior Manager of Strategic Procurement & Initiatives and further provided a brief summary of Report CS-2025-17, Procurement Policy Update. Moved by Councillor Lori Lococo Seconded by Councillor Tony Baldinelli 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. Carried Unanimously 8.8. MW-2025-01 Roadside Maintenance and Weed Control on Regional Roads - Budget Accompaniment Report Moved by Councillor Ruth-Ann Nieuwesteeg Seconded by Councillor Chris Dabrowski 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. Carried (Councillor Lococo was opposed). 8.9. MW-2025-02 Approval of EV ChargeON Grants for Electric Vehicle Charger Installations Moved by Councillor Tony Baldinelli Seconded by Councillor Lori Lococo 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 Page 11 of 20 Page 22 of 515 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. Carried Unanimously 8.10. PBD-2025-06 MTO/Greater Niagara General Hospital Lands Neighbourhood Plan and Background Study Initiation Moved by Councillor Mona Patel Seconded by Councillor Chris Dabrowski 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. Carried Unanimously 8.11. PBD-2025-07 Quarter 3 Development and Housing Report and Provincial Reporting Moved by Councillor Mona Patel Seconded by Councillor Tony Baldinelli 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. Carried Unanimously 8.12. PBD-2025-09 Administrative Monetary Penalties System (AMPS) for Non-Parking Matters Moved by Councillor Mike Strange Seconded by Councillor Ruth-Ann Nieuwesteeg 1. THAT Council RECEIVE this report for consideration and adoption purposes; Page 12 of 20 Page 23 of 515 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. Carried Unanimously 8.13. PBD-2025-08 Single Room Occupancy (SRO) Project Update – Context Report Brian Dick, Senior Manager of Policy Planning, provided an overview of Report PBD-2025-08. Moved by Councillor Lori Lococo Seconded by Councillor Chris Dabrowski THAT Council DEFER this Single Room Occupancy Project Update for information, until such time as more information is gathered. Carried Unanimously 9. CONSENT AGENDA 9.1. CS-2025-05 Q3 Parking Fund Budget to Actual Variance (Unaudited) Moved by Councillor Mike Strange Seconded by Councillor Ruth-Ann Nieuwesteeg THAT Council RECEIVE the 2024 Q3 Parking Fund Budget to Actual Variance report for the quarter ended September 30, 2024. Carried Unanimously 9.2. CS-2025-06 Declare Surplus Lands and Sale of Facilities Ray St. Jean, addressed Council advocating for Chippawa, and expressed his support of the properties to be declared as surplus as long as it remains as historical distinction. Moved by Councillor Lori Lococo Seconded by Councillor Chris Dabrowski THAT Council agree to waive the Procedural By-law to allow a member of the public to speak. Carried Unanimously Page 13 of 20 Page 24 of 515 Moved by Councillor Ruth-Ann Nieuwesteeg Seconded by Councillor Mike Strange 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 AND THAT all proceeds from the sale of the property be used for future proposed developments in Chippawa. 2. That Council AUTHORIZE the City Solicitor and Chief Administrative Officer, or their designate, to execute all documentation and take whatever steps necessary to carry out Recommendations 1 and 2. 3. That Council AUTHORIZE the Chief Administrative Officer, the City Solicitor, and their further designates to engage in negotiations with respect to the proposed purchases of the Subject Lands with the identified prospective purchasers and in accordance with the area breakdown of the Subject Lands proposed in 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. Carried (Councillor Lococo was opposed) Moved by Councillor Ruth-Ann Nieuwesteeg Seconded by Councillor Mike Strange 1. 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. 2. That Council AUTHORIZE the City Solicitor and Chief Administrative Officer, or their designate, to execute all documentation and take whatever steps necessary to carry out Recommendations 1 and 2. 3. That Council AUTHORIZE the Chief Administrative Officer, the City Solicitor, and their further designates to engage in negotiations with respect to the proposed purchases of the Subject Lands with the identified prospective purchasers and in accordance with the area breakdown of the Subject Lands proposed in 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. Carried Unanimously 9.3. CS-2025-09 Sport Tourism Rebate Program Funding - Looking for Change: City Review (2025 Budget Proposals) Moved by Councillor Mike Strange Seconded by Councillor Ruth-Ann Nieuwesteeg Page 14 of 20 Page 25 of 515 THAT Council RECEIVE reportCS-2025-09, Sport Tourism Rebate Program Funding for information. Carried Unanimously 9.4. MW-2025-03 Summary of 2024 Traffic & Parking By-law Amendments Moved by Councillor Mike Strange Seconded by Councillor Ruth-Ann Nieuwesteeg THAT Council RECEIVE this report for information. Carried Unanimously 10. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 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." Moved by Councillor Ruth-Ann Nieuwesteeg Seconded by Councillor Mike Strange THAT Council APPROVE a flag-raising ceremony for the first week of June 2025 to promote "Italian Heritage Month." Carried Unanimously 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." Moved by Councillor Ruth-Ann Nieuwesteeg Seconded by Councillor Mike Strange THAT Council PROCLAIM Monday, June 30, 2025 as "Indigenous Survivors Day." Carried Unanimously 11. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 11.1. Integrity Commissioner - 2023-2024 Annual Report Attached is the 2023-2024 Annual Report from our Integrity Commissioner. Page 15 of 20 Page 26 of 515 Recommendation: THAT Council RECEIVE for information. 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. 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. 11.4. Correspondence from Enbridge - Natural Gas Policy Consultation The attached correspondence from Enbridge is sent out as a 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. 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. Direction to Staff: For Staff to investigate what order the anthem and land acknowledgement Page 16 of 20 Page 27 of 515 are followed at provincial parliament meetings. Moved by Councillor Mike Strange Seconded by Councillor Chris Dabrowski THAT Council agree to continue the Council meetings with the Canadian National Anthem played first. Carried Unanimously Moved by Councillor Ruth-Ann Nieuwesteeg Seconded by Councillor Mike Strange THAT Council RECEIVE FOR INFORMATION Item #11.1 through to and including Item #11.4. Carried Unanimously 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 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. Moved by Councillor Chris Dabrowski Seconded by Councillor Mona Patel 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 agreements, documentation, or contracts required to secure and implement the funding and to ensure compliance with all terms and conditions of the ChargeON Program. Page 17 of 20 Page 28 of 515 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. Carried Unanimously 12.2. AM-2024-003 - 6546 Fallsview Bouelvard & 6503-6519 Stanley Avenue (OPA & ZBA) 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. Moved by Councillor Mona Patel Seconded by Councillor Chris Dabrowski THAT Council APPROVE the resolution pertaining to AM-2024-003 - 6546 Fallsview Bouelvard & 6503-6519 Stanley Avenue (OPA & ZBA). Carried Unanimously 13. RATIFICATION OF IN-CAMERA a) Ratification of In-Camera Moved by Councillor Ruth-Ann Nieuwesteeg Seconded by Councillor Mike Strange Pertaining to the In-Camera meeting of January 13, 2025, Education Session regarding the operating budget, there was nothing to ratify; pertaining to the January 14, 2025 In-Camera meeting, direction to staff was provided to carry out multiple OLT matters. Carried Unanimously 14. NOTICE OF MOTION/NEW BUSINESS a) Social Service Groups Moved by Councillor Lori Lococo Seconded by Councillor Chris Dabrowski Page 18 of 20 Page 29 of 515 THAT Council DIRECT staff to discuss other options for grants for social service groups that the City funds. Carried Unanimously b) Solar Panels at City Facilities Direction to Staff: That Council direct staff to look for grants to get solar panels at city facilities installed. 15. MOTIONS 15.1. MOTION - Maximizing Parking at the Exchange and Niagara Falls History Museum Councillor Nieuwesteeg brought forth the motion attached regarding Maximizing Parking at the Exchange and Niagara Falls History Museum. Moved by Councillor Ruth-Ann Nieuwesteeg Seconded by Councillor Mike Strange THAT 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; AND THAT Staff come back with a report to Council prior to work being commenced. Carried Unanimously 15.2. MOTION - Naming "March" Youth Empowerment Month Councillor Nieuwesteeg brought forth the attached motion regarding naming "March" Youth Empowerment Month. Moved by Councillor Ruth-Ann Nieuwesteeg Seconded by Councillor Mike Strange THAT the City of Niagara Falls recognize "March" as "Youth Empowerment Month." Carried Unanimously 16. BY-LAWS 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). 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). 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). Page 19 of 20 Page 30 of 515 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). 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) 2025- 006. A by-law to amend By-law No. 79-200, to introduce new definitions and regulatory provisions (AM-2024-033). 2025- 007. A by-law to provide an interim levy of realty taxes. 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. 2025.009. Aby-lawtoestablishaMunicipalAccommodationTaxandrepealBy-lawNo.2018- 104 and By-law No. 2021-58. 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. 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. Moved by Councillor Mike Strange Seconded by Councillor Tony Baldinelli THAT the by-laws be read a first, second and third time and passed. Carried (Councillor Lococo was opposed to by-law 2025-003, by-law 2025-005 and by-law 2025-009). 17. ADJOURNMENT a) Adjournment Moved by Councillor Tony Baldinelli Seconded by Councillor Chris Dabrowski THAT Council ADJOURN the meeting at 11:11 PM. Carried Unanimously Mayor City Clerk Page 20 of 20 Page 31 of 515 MINUTES City Council Budget Meeting 4:00pm -January 21, 2025 Council Chambers/Zoom App The City Council of the City of Niagara Falls was called to order on Tuesday, January 21, 2025, at 4:00 PM, in the Council Chambers/Zoom App, with the following members present: COUNCIL PRESENT: Mayor Jim Diodati, Councillor Tony Baldinelli, Councillor Lori Lococo, Councillor Chris Dabrowski, Councillor Ruth-Ann Nieuwesteeg, Councillor Mona Patel, Councillor Victor Pietrangelo, Councillor Mike Strange COUNCIL ABSENT: Councillor Wayne Campbell STAFF PRESENT: Jason Burgess, Bill Matson, Heather Ruzylo, Tiffany Clark, Kathy Moldenhauer, Shelley Darlington, Jo Zambito, Nidhi Punyarthi, Kira Dolch, James Sticca, Erik Nickel, Dale Morton, Mathew Bilodeau Trent Dark, Kent Schachowskoj, Gerald Spencer, Angela Davidson (attending via Zoom app.) 1. CALL TO ORDER The City Council meeting was called to order at 4:43 PM. 2. IN CAMERA SESSION OF COUNCIL Bill Matson, City Clerk, addressed Council to inform that the In-Camera meeting was no longer necessary. As such, the resolution did not need to be passed. 3. ADOPTION OF MINUTES 3.1. Council Minutes of January 13, 2025 Moved by Councillor Mike Strange Seconded by Councillor Tony Baldinelli THAT Council ADOPT the minutes of January 13, 2025 as presented. Carried Unanimously 4. DISCLOSURES OF PECUNIARY INTEREST a) Coucillor Pietrangelo declared a conflict of interest with the meeting minutes from January 13, 2025. He indicated that the conflict is with By-Law 2025-009 (part of Item #16 on the January 13, 2025 Council meeting agenda). Councillor Page 1 of 6 Page 32 of 515 Pietrangelo declared that he owns property that this By-Law will affect. b) Councillor Pietrangelo declared a conflict of interest to Report CS-2025-02 (Item #5.5), Attachment 6, as the Councillor's parents live on one of the rural road segments identified for resurfacing. c) Councillor Lococo declared a conflict of interest with the budget Item #5.4, Report CS-2025-03, Commissions, Fees for Service, Grants and Honorariums for Fee for Service for the Niagara Falls Art Gallery in the amount of $28,000.00. Councillor Lococo declared that she sits on the board as a resident. 5. REPORTS 5.1. CS-2025-07 2025 Budget Engagement Survey Results Moved by Councillor Ruth-Ann Nieuwesteeg Seconded by Councillor Mike Strange It is recommended: THAT Council RECEIVE Report CS-2025-17, 2025 Budget Engagement Survey Results for information. Carried Unanimously 5.2. CS-2025-01 Staff Proposed 2025 Tax Levy Supported Budget - Variance Analysis Moved by Councillor Ruth-Ann Nieuwesteeg Seconded by Councillor Tony Baldinelli 1. THAT Council RECEIVE Report CS-2025-01 Staff Proposed 2025 Tax Levy Supported Budget – Variance Analysis for information. 2. THAT Council APPROVE the 2024 budget reclassifications identified in Attachment 8. Carried Unanimously 5.3. PRESENTATION - 2025 Operating Budget Tiffany Clark, Director of Finance, presented the 2025 Operating Budget to Council. Frank De Luca of 4341 Kilman Place addressed the Mayor, Tiffany Clark and Council regarding the tax levy increase. Mr. De Luca suggested several ways to decrease the tax levy (ie, cut spending on non-essentials and selling any property that can be developed, including parking lots). Mr. De Luca expressed his thoughts of the City restructuring and merging with other cities. Moved by Councillor Ruth-Ann Nieuwesteeg Seconded by Councillor Mike Strange Page 2 of 6 Page 33 of 515 THAT Council receive the 2025 Operating Budget presentation for information. Carried Unanimously 5.4. CS-2025-03 2025 Boards and Commissions, Fee for Service, Grants and Honorariums Recommendations Councillor Nieuwesteeg left Chambers at 6:30pm and returned at 6:38pm. Councillor Pietrangelo left Chambers at 6:32pm and returned at 6:35pm Councillor Baldinelli left Chambers at 6:48pm and returned at 6:51pm Dan Bordenave, from the Niagara Falls Innovation Hub, was in attendance virtually and responded to Councillor's questions pertaining to the Innovation Hub. Angela Davidson, Manager of Business Development, addressed Council adding background to the value and partnerships the City has with the Niagara Falls Innovation Hub and how it is a great extension of the City's services. She also mentioned that many of Business Development's clients utilize the services that Business Development and the Innovation Hub offers. Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange THAT Council APPROVE the 2025 funding levels and classifications for Boards and Commissions, Fee for Service, Grants and Honorariums as presented on Attachment 1 with the exception of the Niagara Falls Innovation Hub. Carried Unanimously (Councillor Lococo declared a conflict of interest to the discussion of the Niagara Falls Art Gallery). Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange THAT Council APPROVE the Niagara Falls Innovation Hub funding request for 2025 of $700,000 as presented on Attachment 1 to be 100% funded by the OLG reserve. Carried (Councillor Lococo Opposed) 5.5. At 6:53 PM, Tiffany Clark requested a 15 minute recess to gather updated budget information in reference to Item #5.5 on the agenda. Mayor Diodati announced we would take a recess and readjourn at 7:10pm. Council readjourned at 7:13pm. CS-2025-02 Mayor's Proposed 2025 Tax Levy Supported Budget Page 3 of 6 Page 34 of 515 Moved by Councillor Mike Strange Seconded by Councillor Tony Baldinelli 1. THAT Council RECEIVE the Mayor’s Proposed 2025 Tax Levy Supported Budget with revenues and expenses each totaling $164,148,925 as per attachment as revised. 2. THAT Council APPROVE the use of reserve funding as outlined in attachment 3. 3. THAT Council APPROVE the new staffing requests identified in attachment 5 4. THAT Council APPROVE a 2025 tax levy increase related to operating revenues and expenditures of $3,580,031 (3.9%). 5. THAT Council APPROVE a 2025 tax levy increase related to capital of $910,256 (1.0%) AND that Council APPROVE a capital budget amendment of $900,000 to increase the Rural Surface Treatment Program from $750,000 to $1,650,000 as identified in the amended Capital Budget Worksheet in attachment 6. 6. THAT Council APPROVE the 2025 net tax levy of $95,515,912. Should Council be satisfied all possible amendments have been considered: 7. That Council shorten the 30 day review period, allowed under the Strong Mayors Act, by 24 days, such that the review period ends on January 21, 2025. If no amendments have been made and recommendation #7 has been approved to shorten the review period, then the budget will be deemed adopted (i.e. approved) as of January 21, 2025 If amendmentshave been made, Staff request that the Mayorplease consider recommendation #8 (if no amendments, recommendation #7 is not applicable). See below. Carried (Councillor Lococo opposed). * Referencing recommendation #8: 1. Should the Mayor be satisfied that he will not exercise his veto rights to Council’s amendments: 2. That the Mayor consider shortening 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 January 21, 2025, thereby allowing the Mayor’s Proposed 2025 Page 4 of 6 Page 35 of 515 Tax Levy Supported Budget to be deemed adopted on January 21, 2025. Mayor Diodati announced that he would sign the written documentation to confirm that he would not be exercising his power to veto the 2025 Tax Levy Supported Budget. Moved by Councillor Mona Patel Seconded by Councillor Ruth-Ann Nieuwesteeg THAT Council waive the Notice of Motion requirements within the Procedural By-law to allow for an immediate motion, being; THAT Council send a resolution to the Province, in particular Paul Calandra, the Minister of Municipal Affairs and Housing for the Province of Ontario, for a full review of the Governance Model and the provincial committee overseeing the study on regional governance in Niagara, in hopes of stopping the duplication of services by lowering the number of politicians and staff currently working in all of Niagara for long-term fiscal sustainability AND to report back to the City of Niagara Falls with any findings, and; THAT this motion be sent to the Niagara area Members of Provincial Parliament (MPPs) and local area municipalities in the Niagara Region. Carried Unanimously 6. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 6.1 Memo - to Chair and Members of the Library Board - 2025 Capital Budget Attached is a memo to the Niagara Falls Library Board regarding a revised version of their 2025 Capital Budget. Recommendation: THAT Council APPROVE the Niagara Falls Public Library's Capital Budget. 6.2. Niagara Falls Innovation Hub Attached is a memo from the Director of Finance, Tiffany Clark, to Members of Council regarding the Niagara Falls Innovation Hub's Financial Information. Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange THAT Council approve items #6.1 & #6.2. Carried Unanimously Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange Page 5 of 6 Page 36 of 515 THAT Council waive the procedural by-law to allow for an additional motion AND THAT Council grant a leave of absence for Councillor Wayne Campbell for medical reasons. Carried Unanimously - Coucillor Lococo asked to put it on record that she was opposed to the budget for the reason of wanting the budget sustained or reduced. She also stated that she encourages Councillors to come up with ideas throughout the year and not just at budget time, about how we can reduce and enhance services and come up with more revenue. 7. RATIFICATION OF IN-CAMERA Nothing to ratify. 8. BY-LAWS 2025- 012. A by-law to adopt, ratify and confirm the actions of the City Council at its meeting held on the 21st day of January, 2025. Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange THAT the by-law be read a first, second and third time passed. Carried Unanimously 9. ADJOURNMENT 9.1 Adjournment Moved by Councillor Mike Strange Seconded by Councillor Ruth-Ann Nieuwesteeg THAT Council ADJOURN the meeting at 7:40 PM. Carried Unanimously Mayor City Clerk Page 6 of 6 Page 37 of 515 Igniting the POWER & POTENTIAL of Young People with the City of Niagara Falls www.bbbsniagara.ca (905) 357-5454Page 38 of 515 BBBS = Mentorship Our Vision is for all young people to realize their full potential. Our Mission is to enable life-changing mentoring relationships to ignite the power and potential of young people. 2Page 39 of 515 Youth who are mentored show 80% better school attendance, 17% increased likelihood of gainful employment, 46% reduce likelihood of initiating drug use compared to their peers, and 87% have strong social networks. *Research through the Boston Consulting Group The Power of Mentorship EVERY $1 INVESTED IN BBBS MENTORING RETURNS $23 TO SOCIETY 3Page 40 of 515 Supports the cost of providing one to one, in-school and group mentorship programs in a medium size Niagara community igniting the power and potential of over 100 children and youth. Sponsors 3 high-need schools to receive 1-on-1 and group mentorship programs for up to 80 children per year. Invests in the employment of a professionally trained Caseworker to onboard, match, monitor and support 60 traditional matches for 1-year. Supports the annual cost of launching Power Up and Play programs across 20 high-needs schools throughout the Niagara Region, enabling 200 children to participate in inclusive group mentorship programs. Supports 16 youth in coming off the waitlist and becoming matched with their volunteer mentor enabling them to experience community based mentorship. Our Collective Impact $25,000 $35,000 $50,000 $75,000 $100,000 4Page 41 of 515 5Page 42 of 515 6Page 43 of 515 MW-2025-04 Operations Report Report to: Mayor and Council Date: February 4, 2025 Title: Sidewalk Winter Maintenance Recommendation(s) 1. That Report MW-2025-04 and the accompanying presentation regarding Sidewalk Winter Maintenance be RECEIVED for information; 2. That Council ADOPT the Snow Clearing Bylaw on today's agenda with an effective enforcement date starting October 1, 2026; and, 3. That Council DIRECT staff to develop a financial assistance program for low- income individuals with physical limitations, including seniors. Executive Summary In order to improve winter-time pedestrian accessibility, and to mitigate the risks associated with clearing of snow and preventing ice on sidewalks in a cost-effective manner, a sidewalk clearing bylaw is recommended. A financial assistance program is also recommend to mitigate the potential financial hardships of this bylaw on low-income seniors and individuals with physical disabilities who may not otherwise be able to participate in clearing sidewalks in front of their property. Background Reports on this subject, including detailed analysis, public feedback, and legal opinions were brought forward to Council on the following previous dates: January 25, 2010 Report MW-2010-06 Sidewalk Winter Maintenance Service Requests and Policy Review October 26, 2021 Presentation and Report MW-2021-72 Winter Sidewalk Maintenance Considerations October 1, 2024 Report MW-2024-40 Sidewalk Winter Maintenance December 10, 2024 Report MW-2024-46 Follow-up on Sidewalk Winter Maintenance Page 1 of 3 Page 44 of 515 February 4, 2025 In-Camera Legal Advice Analysis Provincial regulations establish minimum maintenance standards (O. Reg. 239) for clearing snow and preventing ice formation on sidewalks. Accomplishing anything less than this standard opens the Municipality to liability. While liability cannot be transferred away from the City, there are many ways that the City can mitigate these risks. The status quo approach (one-third cleared by the City) is the least effective method of risk mitigation compared to the other options presented in prior Staff reports. Field observations have generally indicated that a high percentage, on average seventy-five percent (75%), of properties within established neighbourhoods are voluntarily clearing their sidewalks. This is a positive finding, and it indicates that the majority of the public are both socially compelled and able (physically or financially) to maintain accessible sidewalks for their community. The underlying risk of liability therefore rests in the outstanding twenty-five percent (25%) of properties. Targeting this group is the most cost-effective solution for the City to accomplish increased winter-time pedestrian accessibility and to limit the City's exposure to liability by not meeting Provincial regulations. The regulations do not direct Municipalities on how to accomplish the Minimum Maintenance Standards; they only prescribe a what needs to be done, and where. Consequently the majority of Ontario Municipalities successfully mitigate their risk through the enforcement of a municipal snow and ice clearing bylaw, as other reasonable alternatives are highly cost prohibitive. For the aforementioned reasons, Staff recommend the implementation of a sidewalk snow clearing bylaw with soft enforcement/education (i.e. warnings) up until October 1, 2026 and therefore full enforcement for the 2026/2027 winter season. Staff also recommend that a special assistance program be considered to support the phase-in of this new approach, particularly to ensure that application of the bylaw does not unintentionally create hardships for those who have bona-fide challenges in meeting the minimum requirements. Operational Implications and Risk Analysis A bylaw is included elsewhere in the agenda with an effective date of October 1, 2026. It is expected that hard enforcement would not being any earlier than the effective date, thus allowing for warnings and education to occur for the remainder of the 2024/2025 winter season and for the entire 2025/2026 winter season. Should Council provide direction to proceed with a supportive assistance program, Staff will develop this program and bring the policy to Council for approval at a later date. Page 2 of 3 Page 45 of 515 The program will ideally be launched as early as possible in order to establish the appropriate policies, procedures and communications before the winter season begins. Financial Implications/Budget Impact Should Council wish to consider a financial assistance program for qualifying individuals without the physical ability and financial ability to meet the bylaw, it will be required to allocated dollars and administrative/operational support in the 2026 operating budget. Further financial considerations will be presented in conjunction with the details of the policy for Council's approval at a later date. Strategic/Departmental Alignment The recommendations of this report achieves the goals set out in Council’s Strategic Priorities with respect to sidewalk safety and accessibility as part of fostering a Healthy, Safe and Liveable Community, while also respecting the affordability of delivering services in accordance with Responsible and Transparent Financial Management. Strategic Plan Pillars Sustainability - Financial Effectively managing the City’s financial resources to meet our current and future obligations without relying on external funding sources or sacrificing our ability to deliver essential services to our residents . Sustainability - Social Working in partnership with the Niagara Region to ensure residents have access to basic needs, ensuring that Niagara Falls is a livable, inclusive and supportive community for all. Written by: Erik Nickel, General Manager of Municipal Works Submitted by: Status: Erik Nickel, General Manager of Municipal Works Approved - 27 Jan 2025 Jason Burgess, CAO Approved - 29 Jan 2025 Page 3 of 3 Page 46 of 515 Sidewalk Winter Maintenance C o u n c i l P r e s e n t a t i o n | F e b 4 , 2 0 2 5 MUNICIPAL WORKSPage 47 of 515 SIDEWALK WINTER MAINTENANCEWhat Have We Learned So Far? 2Page 48 of 515 Accessibility is a NEED, not a WANT - O. Reg. 239 Minimum Maintenance Standards - Accessibility Advisory Committee Feedback, September 14, 2023 SIDEWALK WINTER MAINTENANCE3Page 49 of 515 88% of households use sidewalks in winter - 2022 Survey SIDEWALK WINTER MAINTENANCE4 88%12% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Yes No 2022 Survey Page 50 of 515 84% of residents think sidewalks should be cleared - 2024 Survey SIDEWALK WINTER MAINTENANCE5 84%16% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% Yes No 2024 Survey Page 51 of 515 Many residents commonly assume that we already have a Bylaw - Common Questions to Mayors Office, Municipal Works and Municipal Enforcement SIDEWALK WINTER MAINTENANCE6Page 52 of 515 SIDEWALK WINTER MAINTENANCEUp to 87% of Residents are Already Clearing Sidewalks -Jan 27, 2023 Field Audit (80-87%)-Jan 21, 2025 Field Audit (63-77%)-Conducted 24hrs after snow event 7 80% 87% 63% 77%Page 53 of 515 “Rental properties are more likely to be out of compliance” - 2024 Jurisdiction Scan: Welland - # of Rental Water Accounts – Dec 31, 2023 SIDEWALK WINTER MAINTENANCE8 Own 90% Rent 10% Rental Water Accounts – % of 32,622 Accounts Page 54 of 515 SIDEWALK WINTER MAINTENANCEA Sidewalk Snow and Ice Clearing Bylaw is the most common solution in Ontario Municipalities -ChatGPT, 2025 9 Sample of Other Municipalities with a Sidewalk Snow and Ice Clearing Bylaw St. Catharines Toronto Welland Milton Thorold Waterloo Port Colborne Pickering Hamilton Brantford Brampton Whitby Ottawa London Kingston Cambridge Page 55 of 515 TITLE / Arial Black 12ptCompliance rates are high 10 Annual Enforcement Stats (Number of Full Infractions) St. Catharines Welland 2024 = 0 2024 = 1 2023 = 7 2023 = 2 2022 = 7 Annual # of Complaints depend highly on the severity of winter Average of 125 complaints per year -2024 Jurisdiction Scan: Welland, St. Catharines, Milton, Pickering Page 56 of 515 Liability is something we definitely need to be concerned with - Legal Advice given In-Camera SIDEWALK WINTER MAINTENANCE11Page 57 of 515 SIDEWALK WINTER MAINTENANCEWinters feel different: •More rain, less snow in winter •More extreme events -City of Niagara Falls Climate Adaptation Implementation Plan, 2023. Letstalk.niagarafalls.ca (paraphrased) 12 Number of Full-Scale Snow Maintenance Days Per Year Season Plow Days Sand Days 2024 / 2025 3 13 2023 / 2024 9 8 2022 / 2023 11 9 2021 / 2022 8 10 Page 58 of 515 Paying more for increased municipal services is not a popular option - 2022 Survey and 2024 Survey SIDEWALK WINTER MAINTENANCE13 2024 survey 2022 survey Page 59 of 515 SIDEWALK WINTER MAINTENANCEWhat can we conclude? 14Page 60 of 515 SIDEWALK WINTER MAINTENANCE1.The status quo falls short on accessibility and regulatory requirements. 2.This is 2025 not 1985. Winter is different. Our Society is also different. 3.There is very little appetite to increase taxes for a service level increase. 15Page 61 of 515 Recommendations: 1.Implement a Bylaw with enforcement starting on October 1, 2026 2.Education, communication and warnings between now and October 1, 2026 3.Implement a Support System for those who cannot both physically and financially do their part See Report for Official Text SIDEWALK WINTER MAINTENANCE16Page 62 of 515 THANK YOUSIDEWALK WINTER MAINTENANCE17Page 63 of 515 MW-2025-05 Engineering Report Report to: Mayor and Council Date: February 4, 2025 Title: Portage Road Watermain Replacement-Niagara Parks Commission Cost Sharing Recommendation(s) 1. That Staff be DIRECTED to enter a cost sharing agreement with the Niagara Parks Commission for the replacement/improvement of the Portage Road Watermain from Marineland Parkway to Old Mcleod Road allowance. 2. That the Mayor and City Clerk be AUTHORIZED to execute all necessary agreements. 3. That Council APPROVE a capital budget amendment of $1,250,000, to be funded by Capital Special Purpose Reserve (CSPR) 73, so that Staff can proceed with initiating this new project. Executive Summary Niagara Parks Commission is advancing the redevelopment of the Toronto Power Generating Station (TPGS) which includes external improvements to the sewage collection and watermain distribution system(s). In coordination the City and Niagara Parks Commission (NPC), Staff have agree to cost share on the replacement/improvement of an existing 800m-150mm dia. cast iron watermain circa 1927 with a new 300mm dia. PVC Watermain. Replacement to the watermain is a cost associated to the City with the upsizing a cost associated to the NPC to accommodate the redevelopment of the TPGS. As part of the ongoing discussions, NPC and City Staff agree that cost associated with construction of the replacement/upsizing should be evenly shared amongst the two parties. Initial estimated cost sharing breakdown has the City's portion reflected as $1,250,000 including applicable contingency and non-recoverable HST. Staff are requesting Council approve the requested Capital Budget amendment in order to fund the City's cost shared portion of the work. Staff recommends Council pass a resolution directing Staff to further engage the NPC and enter into a cost sharing agreement for the infrastructure improvements identified. Page 1 of 5 Page 64 of 515 Background Niagara Parks Commission (NPC) is advancing the redevelopment of the Toronto Power Generating Station (TPGS) into a five-star boutique hotel near the brink of Niagara Falls, which will create good-paying, sustainable jobs and boost local economies in the region. Once complete, the new attraction will accommodate the growing number of tourists visiting Niagara and will include amenities such as indoor and outdoor public viewing areas and a free museum and art gallery. As part the redevelopment of the TPGS, external improvements to the sewage collection and watermain distribution system(s) are being proposed. NPC have engage the services of GEI Consulting to design and tender a 300mm diameter watermain extension from Marineland Parkway along Portage Road to Old Mcleod Road right of way. The proposed alignment will replace an existing City maintained 800m -150mm dia. cast iron watermain from 1927. As part of this replacement the City has requested NPC to increase the size from a proposed 150mm dia. to 300mm dia. to help support future growth in the area. Design and installation of the watermain is to be completed in accordance with City of Niagara Falls Standards and Ministry of Environment, Conservation and Parks (MECP) specifications. NPC is currently out for a public Request for Proposal in accordance with their current procurement policies. Awarding of the contracted work is set to be made in late February. Analysis The existing 800 metre, 150mm diameter cast iron watermain has been earmarked for replacement in the City's Draft Master Servicing Study as it has reached the end of its useful life (i.e. constructed in 1927) and it requires upsizing to accommodate growth. Replacement to the watermain is a cost associated to the City with the upsizing to accommodate the redevelopment of the TPGS a cost associated to the NPC. As part of the ongoing discussions, NPC and City Staff agree that cost associated with construction of the replacement/upsizing should be evenly shared amongst the two parties. The cost sharing of this project will allow for the City to capitalize on the NPC responsibilities for reinstatement costs and limit the need for future increased solitary costs for similar works/replacement. NPC in conjunction with their Consultant GEI, have identified an estimated cost sharing breakdown with the City's portion reflected as $1,250,000 including applicable contingency and non-recoverable HST. Staff recommends Council pass a resolution directing Staff to further engage the Niagara Park Commission (NPC) and enter into a cost sharing agreement for the infrastructure improvements identified. Operational Implications and Risk Analysis Page 2 of 5 Page 65 of 515 The existing 800m, 150mm diameter cast iron watermain (Segments WWM_06697 & WWM_06716) was constructed in 1027 and has 6 (six) documented watermain breaks dating back to the 1980's. Upon expiration of the warranty period, ongoing Operation and Maintenance of the public watermain within the Municipal ROW will become the sole responsibility of the City. Financial Implications/Budget Impact To ensure the City is able to meet NPC timelines, Staff are requesting Council approve the requested Capital Budget amendment in order to fund the City's cost shared portion of the work. Payment for the City's portion of work will follow completion of work and any applicable holdbacks in accordance with the Construction Act. Based on current approved Capital Budgets and uncommitted CSPR balances, Staff feel that there is adequate reserve funding available to fund this project. However, funding this project by CSPR will reduce the amount of reserve balances available for utilization in the 2026 Capital Budget. This may impede the City's ability to fully fund all 2026 Capital Budget requests. Cost Sharing for the replacement/improvement of the watermain shall be based on actual field verified quantities and costs associated through a Public Tender process. Strategic/Departmental Alignment Implementation of this project meets the intent of Council’s 2023-2027 Strategic Priorities relating to sustainable finances 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. 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) M.Greenfield List of Attachments Location Map Written by: Page 3 of 5 Page 66 of 515 Nick Golia, Senior Project Manager/Development Submitted by: Status: Erik Nickel, General Manager of Municipal Works Approved - 24 Jan 2025 Jason Burgess, CAO Approved - 29 Jan 2025 Page 4 of 5 Page 67 of 515 MW Portage Road Watermain Location Map This data is provided "as is" and the City of Niagara Falls (the City) makes no representations or warranties, express or implied, as to the accuracy or completeness of the data. The maps and drawings containedherein are intended for general layout purposes only and shall not be considered as official plans or drawings. For further information, please contact the City. The City shall not be held liable for special, incidental,consequential or indirect damages arising from the use of this data. Users assume all risks in using this data. No part of these digital images, or information, or hardcopies made from them may be reproduced and/ or distributed without this disclaimer.Path: K:\GIS_Requests\2025\Custom\MunicipalWorks\MW_WaterMain_Replacement\MW_WaterMain_Replacement.aprx, Location Map Date: 1/21/2025 N I A G A R A R I V E R MCLEOD RDROGERCR PORTAGERDMARI NE LAN D PY STANLEYAVWater Main ( WWM_06697, WWM_06716) ¯ Page 5 of 5 Page 68 of 515 PBD-2025-10 Planning Report Report to: Mayor and Council Date: February 4, 2025 Title: Street Name Change – Schisler Road to Pattison Lane Portion of Schisler Road at Montrose Road Recommendation(s) 1. That Council DIRECT staff to change the street name for a portion of Schisler Road, west of Montrose Road, shown on Appendix 1 as the affected segment, to Pattison Lane. Executive Summary A review of street names by Information Systems staff found that Schisler Road appears 9-1-1 a during confusion cause three and sections separate in could Emergency response. The portion of Schisler Road, closest to the west side of Montrose Road is to be renamed Pattison Lane. The three impacted properties have been consulted, and the residents are supportive of the change. The other two portions of Old Schisler Road on the east and west sides of the railway line are owned by Niagara Region and will be dealt with in a separate report. Background A resident reached out to the G.I.S. Services team about misdirected mail to Old Schisler Road segment closest to Montrose Road. Geographic Information Systems (G.I.S.) staff are responsible for ensuring street names meets the protocol set out by the Province with respect to 9-1-1 Emergency response. As such, in a review of existing street names, staff discovered there were indeed three parts of Schisler Road that had become orphaned road segments and all were using the name 'Old Schisler Road.' Schisler Road originally connected Montrose Road to the municipal boundary of Welland in the Township of Crowland (Appendix 1 - Location Map). Over time, railway lines, a bridge overpass and a road realignment have interrupted Schisler Road, hence it has become discontinuous in three separate sections. One of these sections is the subject of this report. The road realignment has maintained the name Schisler Road, and the other portions named ‘Old Schisler' Road. There are three addresses affected with this street name change (Appendix 2 – Map of Affected Addresses). Page 1 of 30 Page 69 of 515 This situation could cause confusion at the time of a 9-1-1 Emergency response and as such should be corrected. Staff have undertaken a review of the various steps to rectify this situation. This is the timeline of events to date.  1994: The original road configuration was realigned with By-law 7730-94 (Appendix 3), but the old road allowance was not closed and registered with the Land Registry office. This is the segment we are dealing with in this report.  2016: The resident at 7804 Schisler Road was issued a permit to alter their property access. Originally, the residence used the Old Schisler Road segment. The Niagara Region issued permit number EN2-026-0047 (Appendix 4) which allowed for the creation of the main access to be from the realigned newer section of Schisler Road. The access construction was completed and therefore the address is no longer of concern with this name change, it will retain the Schisler Road street name moving forward.  2020: Staff have researched and investigated suitable alternative names that could be used. P.M. Pattison was a historic landowner around this section of Schisler Road in 1876. It was determined by Information Systems staff that the name Pattison Lane would be the new name.  The name change was brought to Council with a report PBD-2020-55 (Appendix 5). Council signed off with the name change. It was only later that the discrepancy in the road allowance status was discovered.  2021: In November and as a response to the Council report PBD-2020-55, transportation staff put up the new street sign for “Pattison” with the historic name, "Old Schisler Rd" (Appendix 6 – Street Name Photo). It is unfortunate that the street suffix was left out of this sign. After this, it was discovered that the street segment was not officially an open road allowance legally.  2023: In the April 18th 2023 meeting, by way of Report L-2023-08 Council authorized staff to permanently close and declare the existing road allowance as surplus (Appendix 7 - Previous Council Agenda Report). All of these tasks have been completed. 59R-17616 plan in resulting commissioned, was survey the of detailed A area (Appendix 8 – Reference Plan) showing the new road and turning radius. It allowed for the untravelled parts of the road allowance to be permanently closed with By-law 2023- 052 (Appendix 9). Staff then declared the now closed road allowance surplus (Appendix 10 – By-law 2023-051 Declare Surplus). An appraisal was obtained at this time and the land was sold to the neighbouring landowners. Page 2 of 30 Page 70 of 515  2024: The neighbouring landowners purchased the abutting lands of the now closed road allowance in two transactions: - - Amaral with transfer number SN787643 2023-12-05 (Appendix 11) - - Andre/Roubos with transfer number SN797551 2024-04-02 (Appendix 12) Analysis Time is critical during a 9-1-1 Emergency response, and first responders can not be delayed by confusing, duplicated or unclear street names. To meet the protocol set out by the Province with respect to 9-1-1 Emergency response, the renaming of Old Schisler Road to Pattison Lane is needed to be officially implemented. Through report PBD-2020-55, Council has already determined that this section of Old Schisler Road will be renamed Pattsion Lane, to acknowledge P.M. Pattison who was a historic landowner in the area of this section of Schisler Road in 1876. It is important to note that transportation staff in 2021 erected the new street sign for “Pattison” with the historic Legal the report, this approving By Rd". Schisler "Old name, Council Department will finally put all the pieces together and officially rename the road, thus resolving the name duplicity issue. There are three addresses that will be affected by the change: 7906, 7866, and 7755 Schisler Road. These three households were surveyed in 2020 regarding the name change, with two supporting "Pattison Lane" at that time. In October 2024, the three affected households were surveyed again through direct mail. A sample of the letter is included in Appendix 13. No responses were received. Staff have sent a registered letter to the three affected properties notifying them of the February 4, Council meeting. Staff have also contacted Niagara Regional Police, Niagara Emergency Services and the Niagara Region for comments. Niagara Regional Police have no objections to a change in the street name, subject to confirmation of street numbering remaining the same. Next Steps Should Council approve this change, Geographic Information Systems (G.I.S.) services will follow through with the address modification process. This entails notifications to the households affected and the established list of agencies, organizations and utilities that have an interest in this information. This work was undertaken and the report prepared by Information Services staff and is being brought forward by the Planning Department, as has been past practice. Financial Implications/Budget Impact There are no new financial implications for the City. The street signage has already been created and put in place. Page 3 of 30 Page 71 of 515 For the affected residents, they would would be responsible for the revision of their address on their personal documents (identification, banking etc.). The G.I.S. Services team have a well established address notification procedure that will convey the new street name to all pertinent agencies and organizations such as the utilities, EMS, Fire, Canada Post etc. Strategic/Departmental Alignment Ensuring that Niagara Falls is a safe community, and residents receive timely access to emergency services and supports are paramount. 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. Contributor(s) This report was written by Danaka Kimber, Senior GIS Analyst List of Attachments Appendix 1 - Affected Segment Location Appendix 2 -Affected Address Location Appendix 3 By-law 7730-94 Realignment of Schisler Road Appendix 4 - Niagara Region Permit EN2016-0047 to Construct New Driveway (7804 Schisler Rd) Appendix 5 - Report to Council PBD-2020-55 Appendix 6 - Street Name Signage Photo Appendix 7 - Previous Council Report – 2023-04-18 Appendix 8 - Reference Plan 59R-17616 Appendix 9 - Close the Existing Open Road Allowance Appendix 10 - Declare the Closed Road Allowance Surplus Appendix 11 - Purchase Deed – Transfer Number SN787643 to 7755 Schisler Rd Appendix 12 - Purchase Deed – Transfer Number SN797551 to 7804 Schisler Rd Appendix 13 - Notification Letter 2024 Example (mailed Canada Post Oct 82024) Written by: Brian Dick, Manager of Policy Planning Submitted by: Status: Signe Hansen, Director of Planning Approved - 24 Jan 2025 Kira Dolch, General Manager, Planning, Building & Approved Page 4 of 30 Page 72 of 515 Development - 27 Jan 2025 Jason Burgess, CAO Approved - 29 Jan 2025 Page 5 of 30 Page 73 of 515 Z.Mapm?gm Appendix 1 Affemed Segment Location i 5st Mm ms 512‘ mu 7155 momma n my me use mu 127M mus «am.an usm Page 6 of 30 Page 74 of 515 Z/J'Appendix 2 N an”!!!Affected Address Location .m.‘‘mas mm,-mm m . Page 7 of 30 Page 75 of 515 -16;!DocumentGeneral 0y,/Onuna “MG—WI!I mm ..1»mg mama (”Pawial 1“,"6 7 7 1 6 ‘9 (”PM am my tum»Assam-al- (Omaam--cannmnr.orrzmsmmo‘c ’By-law No.7130-94CER‘Ilfi‘CAT0f «, NMGARASOUtH/?t????l?lmt ‘9‘!08 31 1‘!0 08 44W» U80 REGISTRAR/REGISTFJTEE’ Part of late 1,2,3,5 and 7,Concession 3, and pm of Lots 2,3,4,5,6,7,8 and 9, Concession 4,Geographic Township of Crowland,in the city of Niagara Falls,in the Regional Municipality o:Niagara being more particularly described on the attached schedule. A lay-law to establish Part of Lots 1,2,3,s a 7,Concession 3,a Part of noes a.3,4,5,6,7,a a 9,concession 4,in the city of niagara Fans as part of Regional Road No.37 (achisler Road) smurus)’ommsmatum/v M né;....I’...E.E:?..9..0...4(Bruce William Rant 9)‘1,4 9|2..Regisltarad66;“......................... ........................ ..................... ',, . .mmwwmuvm (15)Dawn-mm»:\ nee assigned Office or the Regional Solicitor, Box 1043,Thorold,Ontario. (93-31-4111) Nun-nu and Clint.7m mm mm Page 8 of 30 Page 76 of 515 Bill 7736 THE REGIONAL MUNICIPALITY OF NIAGARA BY-LAW NO.7730—94 A BY-LAW TO ESTABLISH PART OF LOTS 1, 2,3,5 &7,CONCESSION 3,&PART OF LOTS 2,3,4,5,5,7,8 &9,CONCESSION 4, IN THE CITY OF NIAGARA FALLS As PART OF REGIONAL ROAD NO.27 SCHISLER ROAD WHEREAS it is deemed expedient to establish the lands hereinafter described as part of the public highway being Regional Road No.27 (Schisler Road); THEREFORE the Council of the Regional Municipality of Niagara enacts as follows: 1.That the following land be and the same is hereby established and declared to be a public highway forming part of the said Regional Road No.27 (Schisler Road): Part of Lots 1,2,3,5 and 7,Concession 3,and Part of Lots 2,3,4,5,6,7,8 and 9,Concession 4,Geographic Township of CrOwland,in the City of Niagara Falls,in the Regional Municipality of Niagara,being more particularly described on the attached schedule; 2.That this by-law shall come into force and take effect on the day upon which it is registered in the Registry Office of Registry Division of Niagara South. THE REGIONAL MUNICIPALITYOF NIAGARA \::E 21as 2.3;Regional Clerk) —— (Thomas R.Hol ick,1»dePage 9 of 30Page 77 of 515 l8|5 Sir Isaac BrockWay,PO Box |042,‘'Thorold,ON L2V4T7NlagaramReglonTel:905-980-6000 Toll-free:l-800-263—72l5 Fax:905-685-00l3niagararegion.caEntrancePermit Number EN2016—0047IssuedTo:Brent Roubos Phone:(905)324-2642Contact:Brent Roubos Fax:()-Address:7804 Schisler RoadWelland,ONLSB5N4LocationofAccess:7804 Schisler Rd,to left of house.Regional Road:REGIONAL RD 27 (Schisler Rd)Access Required For:Residential Municipality:Welland(Type of Establishment) And such entrance shall not be used as a means to access any type of establishment otherthan that described herein. Access to be:Construct an unpaved entrance Expiry Date: Pipe Type:Corrugated Steel Pipe Pipe Diameter (mm):304.00 Pipe Length (m):9_14 Approved Material: Approved Size of Curb Cut (m):Driveway Width (m):4.00 Curb Fill (m): Conditions of Permit Approval: 1 Applicant must contact Road Operations Manager Curt Anderson at (905)933—3607 for inspection of culvert pipe priorto backfilling.A minimum of 24 hours notice is required. 2 Contact Lester Lipiec at (905)980—6000ext.3409 for inspection of restoration. 3 Entrance to be constructed as per following Niagara Region Reinstatement Specifications: Spec.#2 (reinstatement of boulevards in rural areas);Spec.#4 (reinstatement of ,driveways);Spec.#5 (reinstatement of shoulders);Spec.#6 (reinstatement of roadways) 4 Install 30'by 12"corrugated steel pipe.Hand laid gabion stone to be installed and a minimum 2 to 1 slope with filter cloth at both ends. 5 The applicant willbe responsible to determine culvert invert elevations to accommodate ditch drainage by ditching to the existing grades of the culvert located to the east and west of the subject property. The cost of all proposed works and materials willbe borne by the applicant. Niagara Regoin staff to relocated speed control sign near proposed entrance if required. Any mud/debris tracking onto the roadway is to be cleaned/maintained by the contractor. LOOO\IO) Must maintain two—waytraffic at all times. Traffic control as per the Ontario Traffic Manual Book 7. Fee:$125.00 Approval Date:2016/08/09 Copy Forwarded To:City of Welland Curt Anderson Commissioner of ublic WorksPage 10 of 30 Page 78 of 515 «M00000::00003030303:002030000:0:00:0303.0003.:.0.0000:0:00:3000300.?50:003:30003300.030:0:000:0$6100:030.9.30:@10220.0.00Two050::06.050003030:08.Ham0mg:5mngOHHO0:..00HFO<<SAQOOZUSAOZm>20HO>73:mC00FmZTLZH>W<OOH/65:02mmH>WWHmwLUWKHEWWmQ:OZ>0?lm“.1:2500:mmgu:0:;0:20:0000:3::000:00.0::00:7003900_va020.N>:803.00.00000:00005:00000m00:00:00-0000mm.0000v0:0::000.50.0000::0::0000om00%000000300:00:00:::0W0m..0:0_0.000.00220.33-3.w2.0::0:::00030:0000:0:0:03:00:000:033000300::0::0m:0::00:0:.0:00:03300000:3:00:::020:::00:00:000000:0:::0W090?020::o:0::.:m:0:0:o:0:00300030.:00..23.0:000:3::0m:0:::0030m:m:0::2:3:0::303:0003000:0000000000::000.3:0..::000:3:30.::000:00:00:0.::0W0m..0:.m>:2018.0380:00..:.0:.::.m000::000:0:00:000:0::00030000:300.00.03002::::0000..o<00000:00:00000005000.;0:000:00.0::0::0000.02:0:.::0W0m000.0:002:0:0:.::008003:0:0::00:0:0:00:00.038030:05.01:000.“030:0v0:0.0:::0..:m::-0:..20v\0:.0:mm:20.<300::0::000:0..:033002::00:::02000:00.3.5000:00::0W0mmo:0:0000:00:0..mV0..:..::.3:m30v.0:?:000:00:00:::00:00:00002030:0030W090:o::000:0.0030.3000m0::.v2:0..0:0030030.2:000:0:3.:::00m0003001.2000.000.::0000:00:20.2“::0000:00330,:30:0::0:00000020..:0:m030::m2::::00300:?02:030:0300::00:0:0:00.00030030000..30:02:?30:.03m0.200300000000000300000:000:0:..000:00:0:mo:0.0.335.0m0o:0:00:00300::000000.00v0000:32000:030333003030.30:::0:0:0<0::m00:000020:0::03::003.0.8020:0:08..::0000.033m0800.20:03:03m0000:0300<00::00:00:00008::0Em:20v>w0:0000:003:08000:0020:0:::0000000000?3010.0000:03038:30000:,0:300:0003:0:£m:3m00.3w0000:3000:0:000:303:03..:m00005:3000500001:00:0:0000:00::000::000::m::00005:3000:0003.20160::00000::00:0:00:00.01:0000am:0:0000050000000:.0:0:30:00300::0::00:0:m002::00:::000083:03:0W0m000.24:002:0:0:.00:000:05:000:8:00:0:m0::0000.0:0:0:03:380:00005:?W000?0:0.0:000:0000::00000300::000:03:80:0::0W0m..0:00:000.0510.:00:00000..00:00000:,0:033000300::0::00:0:m003030:00:0::0:0:m0m::0200050003000300:20:00.300.000..0000:0:0:00:0030:..000:300:00:33:03:000:3:::0..000:0.W.::002:0:0000.0003:0000.00:00:050300:003:0000:000:0:::0:00v0:000:0000::00000300::000:30:00:0::0Woma:00:000220:20:002:0:0:.00300:?00200:0:0:0:00:000:0:30:30::000:033000:0:000800.230000:03002::800....0303000::0W0m:o:.:M00<3m0:.::00:000:03::00000000020300::0::00.0003:::0300::0000..0<00:v.::0W030:0:0::0000::030:.<300800:?02:0... 51::003005.02:0::08000:002000:::030:.:0:0:000:.::0:00.00:0003.033.5020:2300:0:200:::000m00:.00<030::0:0300:000:02::0. :0:0::0:0:m0:00:03.00:0:03000::3000:3:0:0000:30::03::m003:00v0:000:0000::.0: 3:020:02:000:3:0:0::03000:0::0W003::0:.o..0::00x03.00:0:03003:0000:30:.>001:0::0:330.2:0000:0<000..800000:.<::0W0mmo:. :m:000000:3:0:00:000:0:0:0:..0:020000:03..:0000:u0:20::00320080.30303000: 0003800:00:0:000:3:0000:”3.03W0m..o:00800003;:08:8502:300:0:00:00:0::0W908:0:0 ::03003200:0:0::0:00:0:0m.m000000:0:3:0m1200:0008::000::201320:00:05:000:0330:3200. :0>:0:::0:0000:3:30%:000:00:000:0.20.3000:3.000:0030:0m::000:m0..00:00:0500.3000:3: 0:00:000:0.00000000::000330000000:0000::020:83:00030800:000300.000... :00:0000:00::0m:00m00..3301030303030530:00:08:05.v0:000:90v0000000030:00033003083:0 0:00:35.0:000<033:00.0::0W0m0000:30.0.3003:002:0m03:.:030:0:00:..0:v0:03:u0030000“000:0::032:03003:u0:030v:030003000000.000000:0:00:0:000:30:.Page 11 of 30Page 79 of 515 ROAD IMPROVEMENTS ASSOCIATED WITH DEVELOPMENTThatpriortoapprovalofthePermit,the Developer shall provide to the Region security,in the form of an automatically renewable and irrevocable standby letter of credit in aformsatisfactorytotheRegion’s Solicitor in the amount of the current estimate of theroadworkcosts,excluding utility relocations,within the Region’s road allowance.Must contact Mike Keller at (905)980—6000,ext.3265 for inspection and approval ofroadconstructionworkswithaminimumof72hoursnotice.If road works are notinspectedandapprovedbyRegionalInspectors,then Developer’s security will either beheldforaperiodof?ve (5)years to verify quality of road works or used to properlyconstructroadworkstoRegionalStandards.If the Developer or its Contractor is in default of any conditions pursuant to the Permit,and refused or neglects to remedy such default within a reasonable time,the Region mayforthwithunilaterallyrealizeuponsecurityprovidedforhereintocompletetheroadworksappropriately.Provided that all conditions have been met to the satisfaction of the Region and there arenooutstandingdeficiencies,the Letter of Credit can be reduced to the 10%MaintenanceHoldbackoncetheRegionhas:received a letter from the Developer’s Contract Administrator stating that all construction works have been built as per the Region approved design;and received the Statutory Declaration re Liens and Payment of Accounts.The Maintenance Holdback shall be released upon the expiration of one (1) year period from the date of completion. Page 12 of 30 Page 80 of 515 W PBD-2020-55 Niagara?a?s September 15,2020 CANADA REPORT TO:Mayor James M.Diodati And Members of Municipal Council SUBMITTED BY:Planning,Building &Development SUBJECT:PBD-2020-55 Street Name Changes Portions of Schisler Road and Old Schisler Road RECOMMENDATIONS 1.That Council direct staff to change the street name for a portion of Schisler Road, west of Montrose Road,shown on Appendix 1 as Section 1,to Pattison Lane. 2.That Council direct staff to change the street name for a portion of Old Schisler Road east of the railway line,shown on Appendix 1 as Section 2,to Terreberry Lane. 3.That the portion of Old Schisler Road west of the railway line,shown as Section 3 on Appendix 1 remain unchanged. EXECUTIVE SUMMARY A review of street names by Information Systems staff found that Schisler Road appears in three separate sections and could cause confusion during a 9-1-1 Emergency response. The portion of Schisler Road,closest to the west side of Montrose Road is to be renamed Pattison Lane.The portion of Old Schisler Road on the east side of the railway line is to be renamed Terreberry Lane.The portion of Old Schisler Road on the west side of the railway line is to remain Old Schisler Road. BACKGROUND Schisler Road was a road that originally connected Montrose Road to the municipal boundary of Welland in the Township of Crowland.(Location Map)Over time,railway lines, bridge overpass and other roads have interrupted Schisler Road so it has become discontinuous as three separate sections.The road realignment has maintained the name Schisler Road and the other portions named ‘Old’Schisler Road.(Schedule 1 shows the three subject portions). existing street names staff discovered that Schisler Road had become three orphaned roadsegmentsduetopriorroadrealignments.This could cause confusion at the time of a 9—1-1Emergencyresponse.ANALYSIS/RATIONALEStaffhasresearchedand investigated suitable alternative names that could be used andhaveconductedasurveyofaffectedpropertyowners.Their comments are as follows:Page 13 of 30Page 81 of 515 PBD-2020-55 September 15,2020 Residents of Section 1 (Schisler Road west of Montrose Road):Four residents were surveyed with two replies that Pattison Lane was supported as a new name for that portion of Schisler Road.PM.Pattison was a historic landowner in the area of this section of Schisler Road in 1876. Residents of Section 2 (Old Schisler Road east of Railway line):Two residents were surveyed,with two replies requesting the name be Terreberry Lane,as opposed to Jenkinson Lane as suggested by staff.The Terreberry family are current residents and have been residents and landowners in this area for 3 decades.Staff have no concerns with Terreberry Lane as itdoes not conflict with any other street name and follows protocol. Residents of Section 3 (Old Schisler Road west of Railway line):Six residents were surveyed,5 responses were received and were not in support of changing the name of the street and would prefer that the street remain as “Old Schisler Road’.Staff have concerns with this portion remaining Old Schisler,as the 9—1—1naming protocol does not support a two word street name and confusion could still occur between ‘Schisler’and ‘Old Schisler’. Nonetheless,staff note that there are other two name streets in the City and due to the overpass,there are no houses on the portion of the street to remain as Schisler Road. Residents are to be advised to be sure to use the word “Old”as Part of their address. Staff has also contacted Niagara Regional Police,Niagara Emergency Services and the Niagara Region for comments.To date,Niagara Regional Police have no objections to change in street name,subject to confirmation of street numbering remaining the same. FINANCIAL IMPLICATIONS The City acknowledges that there may be some financial cost to the change of a street name for residents.Assistance has been offered to residents,who provide receipts for expenses,to a maximum amount of $150 per municipal address. CITY’S STRATEGIC COMMITMENT Ensuring that Niagara Falls is a safe community and residents receive timely access to emergency services and supports. LIST OF ATTACHMENTS >Appendix 1 —Location Map Recommended by:Alex Herlovitch,Directo of Planning,Building &DevelopmentRespectfullysubmitted:en Todd,Chief Administrative OfficerPBoerzgdAttach.S:\PDR\2020\PBD-2020-55,Street Name Change Schisler Rd.docxPage 14 of 30Page 82 of 515 ‘r,\.\'\ Page 15 of 30 Page 83 of 515 L-2023-08 Report Report to: Mayor and Council Date: April 18, 2023 Title: Permanently Close and Declare Surplus of Lands Cook's Mills Road Our File No. 2020-186 Recommendation(s) 1. In the event that Council determines it is in the best interest of the public to do so, that a portion of Cook's Mills Road being Parts 2 to 5 inclusive, Plan 59R- 17616 (the "Subject Lands"), which Plan is attached as Schedule "A", be permanently closed and declared surplus to the City's needs. 2. That Council authorize staff to obtain an appraisal to value the Subject Lands for potential sale. 3. That any sale of the Subject Lands be conditional upon the lands being merged in title with abutting lands. 4. That the City Solicitor and Chief Administrative Officer, or their designate, is authorized to execute all documentation and take whatever steps necessary to carry out Recommendations 1, 2 and 3. Executive Summary The following details apply to the Subject Lands proposed to be closed and declared surplus: Description: Part of Lot 1, Concession 3 designated as Parts 2 to 5 inclusive, Plan 59R-17616 (Part of PIN 64250-0049) (LT) (the "Subject Lands") Total Area: Approximately 0.64 acres Zoning: Rural Agriculture Type of Property: Untraveled Road Location: Between 7804 and 7755 Schisler Road Special Consideration: No infrastructure located on Subject Lands. Background Page 1 of 8 Page 256 of 418Page 16 of 30 Page 84 of 515 In 2020 the City undertook a project to rename Old Schisler Road and Schisler Road which occurred due to a realignment of the roads in this area by the Region. (Planning brought a report to Council, PDB-2020-55, copy of report is attached as Schedule "C", to have the roads renamed). During the process it was discovered that Cook's Mills Road is a public road allowance that is not being used by the City. As a result, Staff is recommending that the Subject Lands be stopped up, closed, and declared surplus. Information Systems has obtained a reference plan and sent out correspondence to the abutting landowners to see whether either party or both parties would have any interest in acquiring the Subject Lands in whole or part. Both property owners are interested in purchasing the Subject Lands but won't make a final determination until they know the appraised value. The potential purchasers will be responsible for the cost of the appraisal once obtained by City Staff, if they agree to buy the subject lands after knowing the appraised value. Note that the purchase of the Subject Lands will permit a continuing use of the lands in a manner that is not unlawfully encroaching. See Location Map attached as Schedule "B". The City will be retaining Parts 1 and 6 on Schedule "A" which shall form part of Pattison Lane for as a turnaround for larger vehicles. Public notice will be provided for in accordance with the City's Bylaw No. 2003-02. Analysis Information about the requested declaration of surplus was circulated to City departments for comments and/or objections. Below is a summary of the comments received to date: Municipal Works No concerns with proposal. Planning Department No objection to closing the road allowance and declaring it surplus. The property is designated Good General Agriculture under the OP and is zoned Rural Agriculture under By-law 1538, 1958. Use of the land is to be in accordance with the Zoning By-law. Fire Services No objections or concerns with the potential sale of City owned lands. Transportation Services No concerns with the proposal. The eastern limit of Pattison Lane (Part 6) with the addition of Part 1 allows for larger vehicles (City plow/garbage truck) enough space to turnaround on the public road allowance. Recreation, Culture & Facilities Page 2 of 8 Page 257 of 418Page 17 of 30 Page 85 of 515 No concerns. Financial Implications/Budget Impact In the event that the Subject Lands are sold at their appraised value, the City will recognize a return in the amount of the sale price. Further, the Subject Lands will immediately start generating tax revenue and the City will no longer be responsible for the costs relating to maintenance of the Subject Lands. The Purchaser, if any, will be responsible for all costs relating to the sale of the Subject Lands, including, but not limited to, the public notice, reference plan and appraisal. Strategic/Departmental Alignment The proposed transaction is in keeping with Council's commitment to an engaging and accountable government and a healthy, safe and livable community. List of Attachments Schedule A Schedule B - Location Map - Portrait Schedule C - PBD-2020-55 - Report Street Name Changes Written by: Nidhi Punyarthi, City Solicitor Submitted by: Status: Shelley Darlington, General Manger of Corporate Services Approved 11 Apr 2023 Jason Burgess, CAO Approved 12 Apr 2023 Page 3 of 8 Page 258 of 418Page 18 of 30 Page 86 of 515 Location Map Print Date:© City ofNiagara Falls 3/30/2023 This data isprovided "as is" and the City of Niagara Falls (the City) makes norepresentations orwarranties, expressed or implied, as to the accuracy or completeness ofthe data. The maps and drawings contained herein are intended for general layout purposes only and shall not be considered as official plans or drawings. For further information, please contact the City. The City shall not be held liable for special, incidental, consequential or indirect damages arising from the use of this data. Users assume all risks in using this data. No part of these digital images, or information, or hardcopies made from them may be reproduced and/or distributed without this disclaimer. SCHEDULE "B" Page 5 of 8 Page 260 of 418Page 19 of 30 Page 87 of 515 PLAN 59R-17616 Received and deposited March 1st, 2023 Nicole Griffin Representative for the Land Registrar for the Land Titles Division of Niagara South (No.59) SCHEDULE "A"Page 20 of 30Page 88 of 515 CITY OF NIAGARA FALLS By-law No. 2023 - 052 A by-law to permanently close a highway WHEREAS Section 34 of the Municipal Act, provides, in part, that the Council of every municipality may pass by-laws to permanently close any highway; AND WHEREAS the Council of The Corporation of the City of Niagara Falls now deems it expedient to pass this by-law; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. PIN 64250-0049 (LT), Part Lot 1, Concession 3, Crowland, being a given road known as Cook's Mills Road (aka County Road No. 11), lying between Schisler Road & Road Allowance between Concession 3 & 4, in the City of Niagara Falls, in the Regional Municipality of Niagara, is hereby permanently closed. 2. The Mayor and City Clerk and City Solicitor are hereby authorized to execute all documents that may be required for the purpose of carrying out the intent of this by-law and the City Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Read a First, Second and Third time; passed, signed, and sealed in open Council this 30th day of May 2023. WILLIAM G. MATSON, CITY CLERK J ESM. DODA.I, MAYOR Page 21 of 30 Page 89 of 515 CITY OF NIAGARA FALLS By-law No. 2023 - 051 A by-law to declare PIN 64250-0049 (LT), Part Lot 1, Concession 3, Crowland, being a given road known as Cook's Mills Road (aka County Road No. 11), lying between Schisler Road & Road Allowance between Concession 3 & 4, in the City of Niagara Falls, in the Regional Municipality of Niagara, as surplus. WHEREAS City of Niagara Falls By-law No. 2003-16 governing the sale of land by the City of Niagara Falls provides that prior to selling any land, the Council of The Corporation of the City of Niagara Falls shall by by-law or resolution declare the land to be surplus; AND WHEREAS the Council of The Corporation ofthe City of Niagara Falls, at its meeting of April 6, 2023, adopted the Recommendations of Council Report L-2023-08, to permanently close and declare surplus PIN 64250-0049 (LT), Part Lot 1, Concession 3, Crowland, being a given road known as Cook's Mills Road (aka County Road No. 11), lying between Schisler Road & Road Allowance between Concession 3 & 4; AND WHEREAS the Council of The Corporation of the City of Niagara Falls now deems it expedient to pass this by-law; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: PIN 64250-0049 (LT), Part Lot 1, Concession 3, Crowland, being a given road known as Cook's Mills Road (aka County Road No. 11), lying between Schisler Road & Road Allowance between Concession 3 & 4, in the City of Niagara Falls, in the Regional Municipality of Niagara, hereby declared surplus. 2. The Mayor and City Clerk and City Solicitor are hereby authorized to execute all documents that may be required for the purpose of carrying out the intent of this by-law and the Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Read a First, Second and Third time; passed, signed, and sealed in open Council this 30' day of May 2023. 7 i X. ............................ .. .. WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 22 of 30 Page 90 of 515 Properties PIN 64250 - 0049 LT Interest/Estate Fee Simple Split Description PART LOT 1, CONCESSION 3, CROWLAND, BEING PARTS 3 & 5, 59R-17616; NIAGARA FALLS Address NIAGARA FALLS Consideration Consideration $4,300.00 Transferor(s) The transferor(s) hereby transfers the land to the transferee(s). Name THE CORPORATION OF THE CITY OF NIAGARA FALLS Address for Service City Hall 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 This document is not authorized under Power of Attorney by this party. This document is being authorized by a municipal corporation through Nidhi Punyarthi, City Solicitor, on behalf of The Corporation of the City of Niagara Falls. Transferee(s)Capacity Share Name AMARAL, VERRA Joint Tenants Date of Birth 1959 08 21 Address for Service 134 Glendale Avenue St. Catharines, ON L2T 2K1 Name AMARAL, JOSEPH Joint Tenants Date of Birth 1959 05 07 Address for Service 134 Glendale Avenue St. Catharines, ON L2T 2K1 Signed By Nidhi Nandu Punyarthi 4310 Queen St. P.O. Box 1023 Niagara Falls L2E 6X5 acting for Transferor(s) Signed 2023 12 05 Tel 905-356-7521 Fax 905-371-2892 I am the solicitor for the transferor(s) and I am not one and the same as the solicitor for the transferee(s). I have the authority to sign and register the document on behalf of the Transferor(s). Daniel Jack McDonald 4780 Portage Road P.O. Box 726 Niagra Falls L2E 6V5 acting for Transferee(s) Signed 2023 12 05 Tel 905-356-1524 Fax 905-357-9686 I am the solicitor for the transferee(s) and I am not one and the same as the solicitor for the transferor(s). I have the authority to sign and register the document on behalf of the Transferee(s). Submitted By DANIEL MCDONALD LAW OFFICE 4780 Portage Road P.O. Box 726 Niagra Falls L2E 6V5 2023 12 05 Tel 905-356-1524 Fax 905-357-9686 Fees/Taxes/Payment Statutory Registration Fee $69.95 Provincial Land Transfer Tax $21.50 Total Paid $91.45 LRO # 59 Transfer Receipted as SN787643 on 2023 12 05 at 14:30 The applicant(s) hereby applies to the Land Registrar.yyyy mm dd Page 1 of 3 Page 23 of 30 Page 91 of 515 File Number Transferor Client File Number :2023-61 Transferee Client File Number :6987 LRO # 59 Transfer Receipted as SN787643 on 2023 12 05 at 14:30 The applicant(s) hereby applies to the Land Registrar.yyyy mm dd Page 2 of 3 Page 24 of 30 Page 92 of 515 In the matter of the conveyance of:64250 - 0049 PART LOT 1, CONCESSION 3, CROWLAND, BEING PARTS 3 & 5, 59R-17616; NIAGARA FALLS BY:THE CORPORATION OF THE CITY OF NIAGARA FALLS TO:AMARAL, VERRA Joint Tenants AMARAL, JOSEPH Joint Tenants 1. AMARAL, VERRA AND AMARAL, JOSEPH I am (a) A person in trust for whom the land conveyed in the above-described conveyance is being conveyed; (b) A trustee named in the above-described conveyance to whom the land is being conveyed; (c) A transferee named in the above-described conveyance; (d) The authorized agent or solicitor acting in this transaction for _____ described in paragraph(s) (_) above. (e) The President, Vice-President, Manager, Secretary, Director, or Treasurer authorized to act for _____ described in paragraph(s) (_) above. (f) A transferee described in paragraph (_) and am making these statements on my own behalf and on behalf of _____ who is my spouse described in paragraph (_) and as such, I have personal knowledge of the facts herein deposed to. 3.The total consideration for this transaction is allocated as follows: (a) Monies paid or to be paid in cash $4,300.00 (b) Mortgages (i) assumed (show principal and interest to be credited against purchase price)$0.00 (ii) Given Back to Vendor $0.00 (c) Property transferred in exchange (detail below)$0.00 (d) Fair market value of the land(s)$0.00 (e) Liens, legacies, annuities and maintenance charges to which transfer is subject $0.00 (f) Other valuable consideration subject to land transfer tax (detail below)$0.00 (g) Value of land, building, fixtures and goodwill subject to land transfer tax (total of (a) to (f))$4,300.00 (h) VALUE OF ALL CHATTELS -items of tangible personal property $0.00 (i) Other considerations for transaction not included in (g) or (h) above $0.00 (j) Total consideration $4,300.00 6.Other remarks and explanations, if necessary. 1. The information prescribed for purposes of section 5.0.1 of the Land Transfer Tax Act is not required to be provided for this conveyance. 2. The transferee(s) has read and considered the definitions of "designated land", "foreign corporation", "foreign entity", "foreign national", "Greater Golden Horseshoe Region", "specified region", "spouse" and "taxable trustee" as set out in subsection 1(1) of the Land Transfer Tax Act and O. Reg 182/17. The transferee(s) declare that this conveyance is not subject to additional tax as set out in subsection 2(2.1) of the Act because: 3. (c) The transferee(s) is not a "foreign entity" or a "taxable trustee". 4. The transferee(s) declare that they will keep at their place of residence in Ontario (or at their principal place of business in Ontario) such documents, records and accounts in such form and containing such information as will enable an accurate determination of the taxes payable under the Land Transfer Tax Act for a period of at least seven years. 5. The transferee(s) agree that they or the designated custodian will provide such documents, records and accounts in such form and containing such information as will enable an accurate determination of the taxes payable under the Land Transfer Tax Act, to the Ministry of Finance upon request. PROPERTY Information Record A. Nature of Instrument:Transfer LRO 59 Registration No.SN787643 Date:2023/12/05 B. Property(s):PIN 64250 - 0049 Address NIAGARA FALLS Assessment Roll No - C. Address for Service:134 Glendale Avenue St. Catharines, ON L2T 2K1 D. (i) Last Conveyance(s):PIN 64250 -0049 Registration No. (ii) Legal Description for Property Conveyed: Same as in last conveyance?Yes No Not known E. Tax Statements Prepared By:Daniel Jack McDonald 4780 Portage Road P.O. Box 726 Niagra Falls L2E 6V5 LAND TRANSFER TAX STATEMENTS Page 25 of 30 Page 93 of 515 Properties PIN 64250 - 0298 LT Interest/Estate Fee Simple Split Description PART LOT 1, CONCESSION 3, CROWLAND, BEING PARTS 2 & 4, 59R-17616; NIAGARA FALLS; CITY OF NIAGARA FALLS Address NIAGARA FALLS Consideration Consideration $3,900.00 Transferor(s) The transferor(s) hereby transfers the land to the transferee(s). Name THE CORPORATION OF THE CITY OF NIAGARA FALLS Address for Service City Hall 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 This document is not authorized under Power of Attorney by this party. This document is being authorized by a municipal corporation through Nidhi Punyarthi, City Solicitor, on behalf of the Corporation of the City of Niagara Falls. Transferee(s)Capacity Share Name ANDRE, MARTA MARQUES Joint Tenants Date of Birth 1973 04 23 Address for Service 7804 Schisler Road Welland, ON L3B 5N4 Name ROUBOS, BRENT JOHN CARL Joint Tenants Date of Birth 1962 07 20 Address for Service 7804 Schisler Road Welland, ON L3B 5N4 Statements The land is being acquired or disposed of by the Crown in Right of Ontario or the Crown in Right of Canada, including any Crown corporation, or any agency, board or commission of the Crown; or a municipal corporation. Signed By Daramone Sikhanxay 4310 Queen St. P.O. Box 1023 Niagara Falls L2E 6X5 acting for Transferor(s) Signed 2024 04 02 Tel 905-356-7521 Fax 905-371-2892 I have the authority to sign and register the document on behalf of the Transferor(s). Djordje George Radojcic 3521 Portage Road, Unit 3 Niagara Falls L2J 2K5 acting for Transferee(s) Signed 2024 03 19 Tel 905-374-0100 Fax 905-374-6365 I have the authority to sign and register the document on behalf of the Transferee(s). Submitted By RADLAW PROFESSIONAL CORPORATION 3521 Portage Road, Unit 3 Niagara Falls L2J 2K5 2024 04 02 Tel 905-374-0100 Fax 905-374-6365 Fees/Taxes/Payment Statutory Registration Fee $69.95 LRO # 59 Transfer Receipted as SN797551 on 2024 04 02 at 16:38 The applicant(s) hereby applies to the Land Registrar.yyyy mm dd Page 1 of 3 Page 26 of 30 Page 94 of 515 Provincial Land Transfer Tax $19.50 Total Paid $89.45 File Number Transferor Client File Number :2023-61 Transferee Client File Number :4691 LRO # 59 Transfer Receipted as SN797551 on 2024 04 02 at 16:38 The applicant(s) hereby applies to the Land Registrar.yyyy mm dd Page 2 of 3 Fees/Taxes/Payment Page 27 of 30 Page 95 of 515 In the matter of the conveyance of:64250 - 0298 PART LOT 1, CONCESSION 3, CROWLAND, BEING PARTS 2 & 4, 59R-17616; NIAGARA FALLS; CITY OF NIAGARA FALLS BY:THE CORPORATION OF THE CITY OF NIAGARA FALLS TO:ANDRE, MARTA MARQUES Joint Tenants ROUBOS, BRENT JOHN CARL Joint Tenants 1. ANDRE, MARTA MARQUES AND ROUBOS, BRENT JOHN CARL I am (a) A person in trust for whom the land conveyed in the above-described conveyance is being conveyed; (b) A trustee named in the above-described conveyance to whom the land is being conveyed; (c) A transferee named in the above-described conveyance; (d) The authorized agent or solicitor acting in this transaction for _____ described in paragraph(s) (_) above. (e) The President, Vice-President, Manager, Secretary, Director, or Treasurer authorized to act for _____ described in paragraph(s) (_) above. (f) A transferee described in paragraph (_) and am making these statements on my own behalf and on behalf of _____ who is my spouse described in paragraph (_) and as such, I have personal knowledge of the facts herein deposed to. 3.The total consideration for this transaction is allocated as follows: (a) Monies paid or to be paid in cash $3,900.00 (b) Mortgages (i) assumed (show principal and interest to be credited against purchase price)$0.00 (ii) Given Back to Vendor $0.00 (c) Property transferred in exchange (detail below)$0.00 (d) Fair market value of the land(s)$0.00 (e) Liens, legacies, annuities and maintenance charges to which transfer is subject $0.00 (f) Other valuable consideration subject to land transfer tax (detail below)$0.00 (g) Value of land, building, fixtures and goodwill subject to land transfer tax (total of (a) to (f))$3,900.00 (h) VALUE OF ALL CHATTELS -items of tangible personal property $0.00 (i) Other considerations for transaction not included in (g) or (h) above $0.00 (j) Total consideration $3,900.00 6.Other remarks and explanations, if necessary. 1. The information prescribed for purposes of section 5.0.1 of the Land Transfer Tax Act is not required to be provided for this conveyance. 2. The transferee(s) has read and considered the definitions of "designated land", "foreign corporation", "foreign entity", "foreign national", "Greater Golden Horseshoe Region", "specified region", "spouse" and "taxable trustee" as set out in subsection 1(1) of the Land Transfer Tax Act and O. Reg 182/17. The transferee(s) declare that this conveyance is not subject to additional tax as set out in subsection 2(2.1) of the Act because: 3. (c) The transferee(s) is not a "foreign entity" or a "taxable trustee". 4. The transferee(s) declare that they will keep at their place of residence in Ontario (or at their principal place of business in Ontario) such documents, records and accounts in such form and containing such information as will enable an accurate determination of the taxes payable under the Land Transfer Tax Act for a period of at least seven years. 5. The transferee(s) agree that they or the designated custodian will provide such documents, records and accounts in such form and containing such information as will enable an accurate determination of the taxes payable under the Land Transfer Tax Act, to the Ministry of Finance upon request. PROPERTY Information Record A. Nature of Instrument:Transfer LRO 59 Registration No.SN797551 Date:2024/04/02 B. Property(s):PIN 64250 - 0298 Address NIAGARA FALLS Assessment Roll No - C. Address for Service:7804 Schisler Road Welland, ON L3B 5N4 D. (i) Last Conveyance(s):PIN 64250 -0298 Registration No. (ii) Legal Description for Property Conveyed: Same as in last conveyance?Yes No Not known E. Tax Statements Prepared By:Djordje George Radojcic 3521 Portage Road, Unit 3 Niagara Falls L2J 2K5 LAND TRANSFER TAX STATEMENTS Page 28 of 30 Page 96 of 515 Corporate Services Information Systems 905 356 7521 ext 4014 dkimber@niagarafalls.ca January 20, 2025 A Great City … For Generations To Come To: J. Amaral and V. Amaral 134 Glendale Avenue St Catharines, ON L2T 2K1 Re: Address Assignment – Modification to Street Name Our File: 272514000200510 - 7755 Schisler Rd Dear Property Owner, This letter serves to inform you of a proposed change to the name of Schisler Road, also referred to as Old Schisler Road. This matter was initially discussed with affected residents in 2020. As it will soon be presented before Council for a decision, and given the time elapsed since the first engagement, this letter serves as a reminder of the proposed street name change. Currently, Schisler Road and Old Schisler Road exist as a section of roadway disconnected from its larger network, as shown on the attached map. The duplicate section name has the potential to impact emergency service response times. After reviewing area maps and consulting historical records from Crowland Township, we have identified "Pattison Lane" as a suitable replacement. Mr. P. M. Pattison was a previous landowner of Lot 2 in Concession V in 1876. Please note that only the street name will change; your municipal address number and postal code will remain the same, ensuring uninterrupted mail delivery. A dual street sign with both the old and new names has been installed and will remain for an extended period to minimize confusion. Please indicate your preference regarding this proposed change by selecting one of the options below. This information will be kept strictly confidential. Name: ______________________________________________________ Address: ___________________________________________________ Telephone: _________________________________________________ Email: ______________________________________________________ Page 29 of 30 Page 97 of 515 My preference is to: (please check one) □ Maintain the existing name of Schisler Road or Old Schisler Road □ Change the name (Section 1) from Schisler Road to Pattison Lane □ Undecided Comments:___________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Thank you for your attention to this matter. We value your input as we seek to ensure clarity and safety within our community. Please mail your responses to the Information Systems Division at 4310 Queen Street, Niagara Falls, Ontario, L2E 6X5 or by email to dkimber@niagarafalls.ca. All responses must be received by October 31, 2024. Thank you for your assistance in this matter. Sincerely, Danaka Kimber Sr G.I.S. Project Analyst * The information was obtained from: 1. The Canadian County Atlas Digital Project, McGill University. 2. Pages Historical Atlas for Lincoln & Welland Counties 1876, pg. 53. 3. Settler Records for Crowland Township, Welland County, extracted from the Abstract of Deeds Register of Crowland Township. DK [K:\Addressing\2023\Modify\OldSchislerRd\OldSchisler to PattisonLn\ReconfirmPublic.docx] Page 30 of 30 Page 98 of 515 PBD-2025-12 Building and Municipal Enforcement Report Report to: Mayor and Council Date: February 4, 2025 Title: Construction Fencing Recommendation(s) 1. That Council receive this Report for information purposes; 2. That Council approve and enact the Construction Fencing By-law attached as Attachment 1 to this Report (hereinafter referred to as the “Construction Fencing By-law”); 3. That Council delegate authority to the General Manager of Planning, Building and Development and their further delegates, as appropriate, to take any step or action necessary to administer the Construction Fencing By-law. Executive Summary The purpose of this by-law is to regulate the integrity and aesthetics of construction fencing around construction project sites in the jurisdiction of the City. There are numerous projects within the City that are stagnant and this by-law will ensure the appearance of these sites are enhanced for residents and tourists. This by-law will also eliminate complaints from residents and businesses with respect to appearance of construction sites. The proposed by-law expands on current obligations of construction project owners under the Building Code Act, the property standards by-law, and construction/development contracts with the City. Background At the Council meeting of November 14, 2023, Staff was given direction to (a) investigate ways to secure active construction sites; and (b) to ensure that fencing around active construction sites be aesthetically pleasing and decorative. On April 30th 2024, a report was brought to Council however was deferred to make minor adjustments to the by-law. Clarification on the type and location of construction sites was added to the by-law, as well as retroactive enforcement provisions. Analysis The safety and security of construction sites is a paramount obligation and is secured under several applicable legislation and contracts. Page 1 of 13 Page 99 of 515 In particular, the City’s property standards by-law 2015-101 provides at section 6.1.2: “Any well, cistern, cesspool, privy vault, pit or excavation shall be permanently sealed or secured by a fence, cover or netting, unless it is in active use in which event it shall be secured by fencing and warning signs until the use has ceased, whereupon they shall be sealed or secured as required.” In addition, construction contracts that the City typically enters into also contain numerous provisions requiring construction contractors to ensure the safety, security and integrity of active construction sites. The proposed construction fencing by-law is intended to supplement and augment both the property standards by-law and the standard language in our construction contracts. The City has received complaints due to fencing around open construction sites that have not been secured at all times. Staff have considered the matter of regulating construction fences as well as reviewed how to best oversee the integrity and physical appearance of construction fencing. Staff have therefore prepared the attached proposed by-law to regulate, enforce and secure construction fencing around construction sites that are in progress and abandoned for a long period of time. By implementing this by-law, the City will be able to regulate and enforce fencing requirements to prevent such complaints. The proposed construction fencing by-law is also intended to prescribe City-specific standards for construction fencing by providing specifications for material, enclosure, location and appearance of fencing as well a consistent approach to regulating these sites. With respect to the aesthetic appearance of such a fence, various sections in the proposed by-law provide options to improve the look of the allowable fencing such as uniform painting, art, the contractor’s name/logo or signage for the existing or future building. The option to provide uniform painting or art on the fencing must be approved by the General Manager of Planning, Building and Development. The logo or signage option must be in accordance with the City’s sign by-law. The proposed by-law also contemplates aesthetics by incorporating language to ensure that vandalism is removed immediately as well as ensuring that the fencing material is uniform. Section 4 of the by-law as proposed draws a distinction between this by-law and the Line Fences Act. The Line Fences Act is intended to separate neighbours through fences or lawful fences. By contrast, the fencing described in this by-law is for construction protection only. Both pieces of legislation are intended to operate separately in their applicable areas, and they do not override each other. Page 2 of 13 Page 100 of 515 This by-law will apply retroactively to all construction projects in the jurisdiction of the municipality existing as of January 1, 2019. Enforcement will be on a complaint-driven basis and handled through the By-law Enforcement Department. Contractors will be also advised of the requirements of the by-law at the Building Permit Application stage. Operational Implications and Risk Analysis Staff anticipate enforcing the by-law using current resources. There may be an increase in workload to enforce any construction sites that do not currently conform to the proposed by-law. Financial Implications/Budget Impact No known financial impacts are anticipated. 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 Draft Construction Fencing By-law - 2025-xx L-2024-06 - Construction Fencing Report Written by: Luciano Chieca, Chief Building Official Submitted by: Status: Kira Dolch, General Manager, Planning, Building & Development Approved - 28 Jan 2025 Jason Burgess, CAO Approved - 29 Jan 2025 Page 3 of 13 Page 101 of 515 CITY OF NIAGARA FALLS By-law No. 2024-XXX A by-law to prescribe construction fencing as it relates to building permits issued under the Building Code Act. WHEREAS Section 11(3) of the Municipal Act, 2001, S.O. 2001, c 25 (“Municipal Act”) provides, that the Council of a lower-tier municipality may pass by-laws respecting structures, including fences and signs; AND WHEREAS Subsections 7(1)(i) and (j) of the Building Code Act, 1992, S.O. 1992, c. 23 (“Building Code Act”) provide that the Council of a municipality may pass by-laws requiring the person to whom a permit is issued to erect and maintain fences to enclose the site of the construction or demolition within such areas of the municipality as may be prescribed, and, to prescribe the height and description of the fences required; AND WHEREAS the Council of The Corporation of the City of Niagara Falls now deems it expedient to pass this by-law. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Definitions (a)“Building Code Act” means the Building Code Act, 1992, S.O. 1992, C.23, as amended from time to time. (b)“Building Permit” means a permit issued under the Building Code Act, which permits the construction, renovation, demolition, or change of use of a Building including but not limited to the construction of the foundation of a Building. (c)“Chief Building Official” means a chief building official appointed or constituted under section 3 or 4 of the Building Code Act. (d)“Public Walkway” or “Public Way” means a sidewalk, street, highway, square or other open space to which the public has access, as of right or by invitation, expressed or implied. (e)“Construction Fence” or “Construction Fencing” is fencing used to enclose a construction site. (f)“Structurally Sound” means the structure has the ability to withstand normal forces; is in good condition; solid and strong; free of defects. Page 4 of 13 Page 102 of 515 2. Construction Fencing Specifications/Requirements – Commercial, Tourist, BIA, Mixed Use, Industrial, Institutional, and Residential (above three (3) storeys) Zones and City Gateway Entrances (a)The fencing must be of uniform material and shall be a minimum of 12.5mm thick smooth exterior grade plywood, wafer board, OSB or equivalent. (b)Any vandalism, including but not limited to spray painting and graffiti, on the fencing surface shall be removed, covered or painted over immediately. (c)If art is to be commissioned and placed on the construction fencing, all such art shall be proposed to and subject to the discretionary approval of the General Manager of Planning, Building and Development or their designate. (d)Every fence required under this by-law shall be removed no later than 20 business days after completion of the construction or demolition work. (e)Fencing must comply with the Ministry of Labour fencing requirements and the Occupational Health and Safety Act, O. Reg. 213/91: Construction Projects provisions in sections 64-66 – “Public Way Protection”, where applicable. (f)Every fence required under this section shall be located on the perimeter of the construction site and the Building Permit applicant is to ensure that the fencing is Structurally Sound. (g)Fencing shall be located on the property where the subject Building Permit applies. At no time shall fencing encroach onto other properties or municipal road allowances unless prior written consent has been obtained. (h)Construction Fencing must be provided to enclose the following areas: (1) a site where a building, is under construction, demolition, incomplete or abandoned, uninhabited, damaged by fire or otherwise; (2) an open excavation pit; (3) a site in close proximity to spaces where the public may congregate, or where the municipality deems the site a hazard to the public or a safety concern; and (4) any area as may be determined by the municipality as deemed required by the municipality from time to time. Page 5 of 13 Page 103 of 515 (i)Wood fencing shall be of a natural colour, or painted one of the three optional colours – brown, grey or black or as approved by the General Manager of Planning, Building and Development or their designate. (j)When the site is located 3.0 metres or less from a Public Walkway or where the public congregates, the fence must be at least 1.8 metres high measured from grade outside of the enclosure. The fence height may be reduced to a minimum of 1.2 metres high only if the activity involves a residential building of no more than 3 storeys and is also located more than 3.0 metres from an adjacent Public Walkway. (k)Wood fencing may include the contractor’s name/logo on the fencing or signage for the future or existing building. Any signage shall, where applicable, comply with the City’s sign by-law and is to be approved by the City. (l)No rails, other horizontal or diagonal bracing, attachments, or pattern of openings on the outside of the fence that would facilitate climbing will be permitted. (m)No openings in the fence that will permit a spherical object of 100mm in diameter and no gaps below the fencing greater than 100mm will be permitted. (n)Gated entry and exits must be clearly identified and securely closed and locked during non-construction hours. The fence may include openings sufficient to accommodate construction vehicles, machines and any other equipment providing services to the construction site provided that these openings are securely closed off when no construction is being carried out on site including daily shutdowns. 3. No Conflict Nothing in this by-law derogates from or is intended to substitute or supersede the obligation to comply with all other applicable laws of the municipality and of other regulatory authorities. 4. Non-application of the Line Fences Act The Line Fences Act, R.S.O. 1990, c. 17 (“Line Fences Act”) does not apply to fences referred to in this by-law. 5. Retroactive Application This by-law shall apply retroactively to all construction projects in the jurisdiction of the municipality existing as of January 1, 2019, on a complaint driven basis or as deemed required by the municipality. Page 6 of 13 Page 104 of 515 6. Offence and Liability Every person who contravenes any provision of this by-law, and every director or officer of a corporation who concurs in such contravention by the corporation, is guilty of an offence and upon conviction is liable to a fine as provided for under the provisions of the Provincial Offences Act, R.S.O. 1990, c P.33 (“Provincial Offences Act”). Read a First, Second and Third time; passed, signed, and sealed in open Council this 4th day of February, 2025. ................................................................ ................................................................ WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 7 of 13 Page 105 of 515 L-2024-06 Report Report to: Mayor and Council Date: April 30, 2024 Title: Construction Fencing By-law Our File No. 2024-03 Recommendation(s) 1. That Council receive this Report for information purposes; 2. That Council approve and enact the Construction Fencing By-law attached as Attachment 1 to this Report (hereinafter referred to as the “Construction Fencing By-law”); 3. That Council delegate authority to the Chief Administrative Officer, the General Manager of Planning, Building and Development, the Manager of Municipal Enforcement Services, Chief Building Official and the City Solicitor and their further delegates, as appropriate, to take any step or action necessary to administer the Construction Fencing By-law. Executive Summary The purpose of this by-law is to regulate the integrity of construction fencing around construction project sites in the jurisdiction of the City. The proposed by-law expands on current obligations of construction project owners under the Building Code Act, the property standards by-law, and construction/development contracts with the City. Background At the Council meeting of November 14, 2023, Staff was given direction to (a) investigate ways to secure active construction sites; and (b) to ensure that fencing around active construction sites be aesthetically pleasing and decorative. As a result, Staff has considered the matter of regulating construction fences (which are temporary and protective in nature and distinct from permanent fences marking boundary and lot lines of adjacent properties) as well as reviewed how to best oversee the integrity and physical appearance of construction fencing. Staff has therefore prepared the Page 1 of 6Page 8 of 13 Page 106 of 515 attached proposed by-law to regulate and enforce secure construction fencing around construction sites that are in progress and abandoned for a long period of time. There are a few instances in the City where fencing has been put around open pits and the fencing is not secure at all times, and the City has received complaints as a result of these situations. The proposed by-law is intended to provide a consistent approach to regulate these sites. Analysis The safety and security of construction sites is a paramount obligation already secured under several applicable legislation and contracts. In particular, the City’s property standards by-law 2015-101 provides at section 6.1.2: “Any well, cistern, cesspool, privy vault, pit or excavation shall be permanently sealed or secured by a fence, cover or netting, unless it is in active use in which event it shall be secured by fencing and warning signs until the use has ceased, whereupon they shall be sealed or secured as required.” The proposed construction fencing by-law is intended to supplement and augment the regulation imposed by this property standards by-law provision. The reference to a fence in the by-law is not to be confused with a “lawful fence” or a “line fence” under the Line Fences Act, which refers to demarcating property lines in a permanent manner as between adjoining neighbours, as opposed to securing and protecting active construction sites. Contracts that the City enters into with construction contractors also contain numerous provisions requiring construction contractors to ensure the safety, security and integrity of active construction sites. The proposed construction fencing by-law is intended to clarify and prescribe City-specific standards for construction fencing. The proposed by-law is hoped to provide clarity and ensure a consistent enforcement approach. It will also apply retroactively to current construction sites. With respect to the aesthetic appearance of such a fence, various sections in the proposed by-law provide options to improve the look of the allowable fencing such as uniform painting, art, the contractor’s name/logo or signage for the existing or future building. The option to provide uniform painting or art on the fencing must be approved by the General Manager of Planning, Building and Development. The logo or signage option must be accordance with the City’s sign by-law. Page 2 of 6Page 9 of 13 Page 107 of 515 The proposed by-law also contemplates aesthetics by incorporating language to ensure that vandalism is removed as soon as practicable as well as ensuring that the fencing material is consistent. Financial Implications/Budget Impact Staff anticipate enforcing the by-law using current resources. Therefore, there is no known financial impact to report at this time. Strategic/Departmental Alignment The attached by-law aligns with the City’s strategic pillars of Social Sustainability, and in particular, the objective of addressing the issue of neglected properties, as well as Environmental Sustainability, in that infrastructure is kept in good repair and the well- being of neighbours is looked after. Contributor(s) Luciano Chieca, Chief Building Official List of Attachments Attachment #1 - Construction Fencing By-law Written by: Nidhi Punyarthi, City Solicitor Submitted by: Status: Nidhi Punyarthi, City Solicitor Approved - 19 Apr 2024 Shelley Darlington, General Manager of Corporate Services Approved - 22 Apr 2024 Kira Dolch, General Manager, Planning, Building & Development, Acting CAO Denied - 24 Apr 2024 Page 3 of 6Page 10 of 13 Page 108 of 515 CITY OF NIAGARA FALLS By-law No. 2024-XXX A by-law to prescribe construction fencing as it relates to building permits issued under the Building Code Act. WHEREAS Section 11(3) of the Municipal Act, 2001, S.O. 2001, c. 25 (“Municipal Act”) provides, that the Council of a lower-tier municipality may pass by-laws respecting structures, including fences and signs; AND WHEREAS Subsections 7(1)(i) and (j) of the Building Code Act, 1992, S.O. 1992, c. 23 (“Building Code Act”) provides that the Council of a municipality may pass by-laws requiring the person to whom a permit is issued to erect and maintain fences to enclose the site of the construction or demolition within such areas of the municipality as may be prescribed, and to prescribe the height and description of the fences required; AND WHEREAS the Council of The Corporation of the City of Niagara Falls now deems it expedient to pass this by-law; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Definitions (a) “Building Permit” means a permit issued under the Building Code Act, which permits the construction, renovation, demolition, or change of use of a Building including but not limited to the construction of the foundation of a Building; (b) “Chief Building Official” means a chief building official appointed by Council of the City under section 3 or 4 of the Building Code Act; (c) “City” means The Corporation of the City of Niagara Falls; (d) “Public Walkway” means a sidewalk, pathway, trail, street, highway, square or other open space to which the public has access, as of right or by invitation, expressed or implied; and (e) “Construction Fence” or “Construction Fencing” is fencing used to enclose a construction site. 2. Construction Fencing Requirements (a) Construction fencing must be provided to enclose the area where a building is under construction, alteration, demolition, incomplete, abandoned or damaged by fire or otherwise, as well as any site in close proximity to spaces where the public may congregate or where the City deems the site a hazard to the public or a safety concern. Page 4 of 6Page 11 of 13 Page 109 of 515 2 3. Location of Fencing (a) Every fence required under this by-law shall be located on the perimeter of the construction site and must be structurally sound. (b) Fencing shall be located on the property where the subject Building Permit applies. At no time shall fencing encroach into other properties or City road allowances unless prior consent has been obtained. 4. Construction Specifications – Commercial, Tourist and BIA Zones (a) In all commercial, tourist and BIA areas of the City or adjacent to all such areas or where the City deems it is required, the fencing must be of one uniform material and shall be a minimum of 12.5mm thick smooth exterior grade plywood, wafer board, OSB or equivalent. (b) Wood shall be of a natural colour, or painted one of the three optional colours – brown, grey or black or as approved by the General Manager of Planning, Building and Development or their designate. (c) Any vandalism, including but not limited to spray painting and graffiti, on the fencing surface shall be erased, covered or painted over as soon as is reasonably practicable. (d) If art is to be commissioned and placed on the construction fencing, all such art shall be proposed to and subject to the discretionary approval of the General Manager of Planning, Building and Development or their designate. (e) When the site is located 3.0 metres or less from a Public Walkway or where the public congregates, the fence must be at least 1.8 metres high measured from grade outside of the enclosure. The fence height may be reduced to a minimum of 1.2 metres high only if the activity involves a residential building of no more than 3 storeys and is also located more than 3.0 metres from an adjacent Public Walkway. (f) Wood fencing may have the contractor name/logo on the fencing or signage for the future or existing building. Any signage shall, where applicable, comply with the City’s sign by-law and is to be approved by the City. (g) No rails, other horizontal or diagonal bracing, attachments, or pattern of openings on the outside of the fence that would facilitate climbing will be permitted. (h) No openings in the fence that will permit a spherical object of 100mm in diameter and no gaps below the fencing greater than 100mm will be permitted. (i) Gated entry and exits must be clearly identified and securely closed and locked during non-construction hours. The fence may be equipped with openings sufficient to accommodate construction vehicles, machines and Page 5 of 6Page 12 of 13 Page 110 of 515 3 any other equipment providing services to the construction site provided that these openings are securely closed off when no construction is being carried out on site including daily shutdowns. (j) Every fence required under this by-law shall be removed no later than 20 business days after completion of the construction or demolition work. (k) Fencing must comply with the Ministry of Labour fencing requirements and the Occupational Health and Safety Act, O. Reg. 213/91: Construction Projects provisions in sections 64-66 - “Public Way Protection,” where applicable. 5. No Conflict Nothing in this by-law derogates from or is intended to substitute or supersede the obligation to comply with all other applicable laws of the municipality and of other regulatory authorities. 6. Non-application of the Line Fences Act The Line Fences Act, R.S.O. 1990, c. 17 (“Line Fences Act”) does not apply to fences referred to in this by-law. 7. Retroactive Application This by-law shall apply retroactively to all existing construction projects in the jurisdiction of the City. 8. Offence and Liability Every person who contravenes any provision of this by-law, and every director or officer of a corporation who concurs in such contravention by the corporation, is guilty of an offence and upon conviction is liable to a fine as provided for under the provisions of the Provincial Offences Act, R.S.O. 1990, c. P.33 (“Provincial Offences Act”). Read a First, Second and Third time; passed, signed, and sealed in open Council this XXth day of X, 2024. ................................................................ ................................................................ WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 6 of 6Page 13 of 13 Page 111 of 515 PBD-2025-11 Planning Report Report to: Mayor and Council Date: February 4, 2025 Title: Single Room Occupancy (SRO) Project – Addendum Report to Report PBD-2025-08 Recommendation(s) 1. THAT Council RECEIVE this addendum report for information. 2. THAT Council ADOPT the recommendations of report PBD-2025-08 including a budget amendment of $40,000 in the 2025 budget and AUTHORIZE the initiation of Phase 2 in 2026. Executive Summary At its meeting of January 14, 2025, Council deferred consideration of Report PBD-2025- 08 regarding the Boarding House Interim Control By-law Study update. The update revisits the Boarding House Interim Control By-law (BHIC) Study that was undertaken by MHBC Planning and responds to the recommendation of the Housing Strategy to finalize this work. Council directed staff to provide the 2019 Boarding House Interim Control By-law Study for the reference of new Council members and the public. The 2019 Boarding House Interim Control By-law Study, plus additional background information, is outlined in and attached to this report. Background On November 13, 2018, by way of Report PBD-2018-51 (attached as Appendix 1), the Boarding House Interim Control By-law (BHIC) Study was presented to Council. Report PBD-2018-51 includes the Contextual Analysis and Options Report, Boarding House Interim Control By-law (BHIC) Study prepared by MHBC and outlined the background research, contextual analysis and consultation undertaken through the Study. The Report further presented 3 options for Council consideration, as outlined below:  Option A – Allow a change of use from Motel to SRO, where the entirety of a building could be converted to an SRO. Option 1A would allow a portion of a motel to be converted to SROs and retaining the remainder as motel units.  Option B – Allow an Apartment Motel use, where a specific portion of the building is permitted to be used for residential use. Page 1 of 281 Page 112 of 515  Option C - allow for SRO Buildings as an interim use, permitted through a Temporary Use By-law that could only be in effect for three years. Report PBD-2018-51 recommended Council approve Option A and presented an implementation strategy. In this regard, Council passed the following motion: ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Thomson that public meetings be held and stakeholders be included for input as well as all agencies for their opinion on options Council is facing; and that this be advertised on the City's website. On April 9, 2019, by way of Report PBD-2019-21 (attached as Appendix 2), staff presented a Boarding House Interim Control By-law Study Update that summarized the additional public consultation undertaken, as directed by Council. The Report also sought Council’s authorization to bring forward relevant policy amendments and conduct a public meeting. In this regard, Council passed the following motion: ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Vince Kerrio that the report be approved as recommended and to also notify all BIA's and any other interested parties of the public meeting to be held in June. On June 25, 2019, by way of Report PBD-2019-39 (attached as Appendix 3), Council was asked to approve the Final Boarding House Interim Control Study, as well as the associated Official Plan Amendment, Zoning By-law Amendment and Licensing Bylaw amendment in order to implement the study recommendations. A memo from the project consultant outlined further work that was preformed after the submission of Report PBD-2018-51 on November 13, 2018. In this regard, Council passed the following motion: ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that single room occupancy designation continue to go through a zoning by-law application and that Council look at revising the policies in place. As a result of the June 25, 2019 motion, the use of a motel for single room occupancy would continue to require a zoning bylaw amendment as approved by Council. The 2022 Housing Strategy, which was approved by Council on May 22, 2022 by way of Report PBD-2022-18, included the following recommendation: Action 8: Revisit and finalize the approach of the use of motels as Long-term Stay Accommodation (SROs) At its meeting of January 14, 2025, Council deferred consideration of Report PBD-2025- 08 regarding the Boarding House Interim Control By-law Study update. The update revisits the Boarding House Interim Control By-law (BHIC) Study that was undertaken Page 2 of 281 Page 113 of 515 by MHBC Planning and responds to the recommendation of the Housing Strategy to finalize this work. Council directed staff to provide the 2019 Boarding House Interim Control By-Law Study for the reference of new Council members and the public. Analysis Through Report PBD-2025-08, staff outlined work performed as Phase 1 of the study update, including a review of the evolving legislative land use planning environment since 2019, practices in other jurisdictions, the evolving local context and recent community and stakeholder consultations. Staff are seeking Council authorization to proceed to Phase 2 of the update, which will include affirming whether Option A/1A remains the most appropriate option, the drafting of relevant policy amendments and the performance of ongoing consultation with stakeholders and the public. Due to the Planning Departments large work program for 2025 such as the Official Plan, 4 Secondary Plans, Regional transition, etc., this work will not begin until 2026. Staff propose to hire a consultant late 2025 to be ready to kick off the work in 2026. Operational Implications and Risk Analysis As identified in Report PBD-2025-08 dated January 14, 2025. 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 $40,000, as well as an increase in Transfers from Operating Special Purpose Reserves of $40,000, via report CS-2025-02 2025 Tax Levy Budget – Mayor’s Recommendation. There will be no incremental operating budget impact to the 2025 budget. In PBD-2025-08 Staff recommended a budget amendment of $30,000 but given extensive consultation will be required again prior to bringing recommendations forward staff are recommending a budget amendment of $40,000. 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 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. Page 3 of 281 Page 114 of 515 Contributor(s) John Barnsley, Planning Consultant, undertook this update and authored this report. List of Attachments Appendix 1 PBD-2018-51 Nov 13 2018 Appendix 2 PBD-2019-21 Boarding House Study Update April 9 2019 Appendix 3 PBD-2019-39 Final Report Boarding House Study June 25 2019 Appendix 4 PBD-2025-08 Jan 14 25 Written by: Brian Dick, Manager of Policy Planning Submitted by: Status: Signe Hansen, Director of Planning Approved - 29 Jan 2025 Kira Dolch, General Manager, Planning, Building & Development Approved - 29 Jan 2025 Jason Burgess, CAO Approved - 30 Jan 2025 Page 4 of 281 Page 115 of 515 PBD-2018-51 November 13, 2018 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2018-51 Boarding House Interim Control By-law Study RECOMMENDATION That Council endorse the preferred option to control and regulate boarding houses within the City and that planning and licencing documents are brought forward to a future meeting for Council’s consideration. EXECUTIVE SUMMARY In April 2017, Council passed an interim control by-law to prohibit the establishment of boarding houses in the City. Later that year, MHBC Planning was contracted to undertake a study of the issue. The consultant has been working with a Technical Advisory Committee comprised of City and Regional staff, Niagara Regional Police and the Lundy’s Lane BIA over the past year and a half. MHBC will be making a presentation to Council on the recommended approach to controlling and regulating boarding houses within the City specifically as it relates to the use of existing motels and hotels. Staff and MHBC Planning are recommending the introduction of a new term “Single Room Occupancy (SRO) Building (and the corresponding “Single Room Occupancy Unit”) to describe a type of boarding house and other similar establishments and to permit SRO units and buildings as-of-right within the GC, TC and CB zones in the Zoning By-law. Under this option, motels would be allowed to have mixed use containing both motel units for the travelling public and SRO units for long term accommodation. These uses are to be controlled through the introduction of new regulations in the licensing by-law. Amendments to the Official Plan will also be required. Should Council endorse this approach, it is anticipated that the planning and licensing documents will be further refined and presented to Council for consideration in the first quarter of 2019. BACKGROUND In April 2017, Council passed an interim control by-law to prohibit the establishment of boarding houses in the City. This was in response to an application to the Committee of Adjustment for 8004 Lundy’s Lane to add a boarding house use to an existing motel. The Lundy’s Lane BIA raised a number of concerns with this application and the recent increase in the motels along Lundy’s Lane that have been converted into boarding houses. Page 42 of 748Page 5 of 281 Page 116 of 515 2 PBD-2018-51 November 13, 2018 In the fall of 2017, MHBC Planning was contracted to undertake a study of the issue. MHBC reports to and is guided by a Technical Advisory Committee (TAC) made up of City and Regional staff and representatives of the Lundy’s Lane BIA. Councillor Wayne Campbell is also a member of the TAC. The study is being conducted in several phases: 1. Background Research and Analysis – MHBC undertook an assessment of the issue in terms of the extent of boarding houses in the City. The legislative and regulatory context was also examined and examples provided as to how other municipalities regulate boarding houses. The report’s highlights and findings can be summarized as follows:  The housing market can be seen as a continuum of supply and demand, as shown in the following graphic: Tenants of boarding houses are, depending on circumstance, within the Transitional to Affordable rental parts of the continuum. Several motels or hotels are clearly providing for a need of affordable housing.  The legislative context for land use is extensive – Planning Act, Provincial Policy Statement, Provincial Growth Plan, Regional and City Official Plans – and yet there is relatively little in the way of policy direction for the regulation of boarding houses. In addition, the Municipal Act, Housing Services Act, Residential Tenancies Act and the Ontario Human Rights Code all have a bearing on the issue.  Consideration has to be given to the following: - There is Provincial interest in providing affordable housing; - There is no clear and consistent definition of rooming, boarding and lodging houses within Provincial legislation and regulations; - The Regional and City Official Plans as well as the Region’s Housing and Homelessness Action Plan recognize the importance of a mix of housing including a range of affordability; - The City’s Zoning By-law does not permit rooming, boarding and lodging houses within any zone; Page 43 of 748Page 6 of 281 Page 117 of 515 3 PBD-2018-51 November 13, 2018 - The City’s Licensing By-law only contains regulations for second level lodging houses; and - Regulations and policies respecting housing must be considered within the context of the Ontario Human Rights Code.  Many municipalities within Ontario and in the country have policies and regulations addressing boarding houses. MHBC’s background report provides examples from some of those municipalities: - Ottawa, London and Oshawa have Official Plan policies that speak to the role boarding houses play in the provision of affordable housing. Zoning regulations differ – for example, the extent of shared kitchens and bathrooms. Licensing regulations provide for health, safety and living conditions. - Vancouver also recognizes boarding houses (or single room occupancy buildings) as essential in providing affordable housing. Such establishments are protected from demolition and conversion as the loss of these units would mean the displacement of people and likely an increase in homelessness. - Edmonton regulates the extent of boarding houses (referred to as congregate living facilities) that can be located within a neighbourhood. Such a regulation would be contrary to the Human Rights Code in Ontario. 2. Contextual Analysis – the study examined the context within which the boarding house conversions have occurred. It also looks at the apparent recent increase in this change and related factors, as summarized below:  Housing costs – Currently rents for bachelor and one-bedroom apartments are $600.00 to over $800.00 per month. 7.8% of the City’s population are considered to be “working poor.” For almost a third of those people who rent, housing costs are approximately 50% of their average annual before tax income. CMHC considers this segment of the City’s population in core housing need.  Vacancy rates – CMHC housing data indicates that the current overall vacancy rate across the City is 2.2%. This has been steadily declining since 2014. Bachelor and one bedroom vacancy rates are 0%. A 3% vacancy rate is considered optimal balancing supply and demand.  Changes in the tourism market – There has been a decline in the use of motels since the latter part of the last century. Locally, demand for Page 44 of 748Page 7 of 281 Page 118 of 515 4 PBD-2018-51 November 13, 2018 accommodations has decreased outside the core tourist area (Fallsview and Clifton) resulting in hardships for motel landowners. 3. Consultation – A key component of the study was the consultation with various stakeholders. MHBC interviewed the Lundy’s Lane BIA, community organizations (Project Share, YWCA, Boys and Girls Club, Niagara Falls Community Health Centre), the Region’s Community Services Department and held a workshop with the TAC. It should be noted that City staff did not attend the interviews, except for the TAC workshop. The findings of the consultation are summarized below: Organization Comment Lundy’s Lane BIA 1. Impact on assessment if use changes from commercial to residential. 2. Boarding houses should be located in residential areas. 3. Motels were not built for year-round use. 4. Boarding houses could impact implementation of the CIP and the Streetscape Master Plan. 5. Education and awareness regarding the Residential Tenancies Act. 6. Regulation and enforcement if boarding houses are to be permitted. 7. Concerns regarding decreased property values. Community Organizations 1. There is a housing crisis in the city. 2. Demolitions and conversions to student housing have resulted in displacement of people. 3. Boarding houses are being used as permanent housing. 4. Boarding houses should be a permitted use. 5. Regulations should not further disadvantage people. 6. Use of incentives for adaptive reuse, pilot projects. 7. Education and awareness regarding the Residential Tenancies Act. Page 45 of 748Page 8 of 281 Page 119 of 515 5 PBD-2018-51 November 13, 2018 Regional Niagara Community Services 1. It is difficult to determine the number of people using boarding houses for permanent housing. 2. Boarding houses fill a housing need. Many would be homeless without them. 3. Boarding houses should be a permitted use. 4. Regulations should not further disadvantage people. 5. The Region’s work on rooming, boarding and lodging houses is concerned with supportive housing. Different but related to this study. TAC Our Solution Must… 1. Not be temporary in nature; 2. Provide more certainty in terms of Residential Tenancies Act; 3. Provide education and awareness with respect to legal rights and responsibilities under the 4. Be consistent with the Residential Tenancies Act, Innkeepers Act, Human Rights Code and other applicable law; 5. Be practical and clearly thought out, providing planners and enforcement officials with clear rules and regulations; 6. Be enforceable anywhere in the City; 7. Identify criteria for locating; 8. Address issues of compatibility; 9. Enforce design standards in business areas; 10. Be in harmony with applicable law (Building Code, Fire Code); 11. Provide management/ support on- site or services available to each (coordination of services); 12. Provide safety for residents, operators, public fire, building and property standards; 13. Be guided by a collaborative approach and work toward building Page 46 of 748Page 9 of 281 Page 120 of 515 6 PBD-2018-51 November 13, 2018 better relationships; 14. Include communication/ information sharing; and, 15. Consider displacement in broader context of housing continuum. 4. Options – MHBC evaluated the research and consultation findings and provided three potential options for consideration.  Option A – allow a single room occupancy conversion. - Introduction of the term Single Room Occupancy (SRO) Building (and corresponding SRO unit) to replace the current “Boarding or Rooming House” term in Zoning By-law No. 79-200. - Motels would continue to be permitted to serve the travelling public. - SRO Buildings would be buildings that provide long term accommodation only and do so under the new regulatory framework. - An SRO Unit would be new term defined in the Zoning By-law. An SRO Unit constitutes a residential unit that is not self-contained as it does not provide all the necessities for daily living. Shared kitchen facilities or kitchenettes (e.g. microwave, kettle, mini-fridge) would have to be provided as these units would not have full cooking facilities. - A sub-option (A1 in the MHBC report) is that SRO Buildings may be part of a building – a motel could have motel units, serving the travelling public on the ground floor and SRO units on the floor(s) above.  Option B – allow an apartment hotel. - Introduction of the term Apartment Hotel. - Motels would continue to be permitted to serve the travelling public. - Part of the building would provide long term accommodation in the form dwelling units. - Dwelling units differ from SRO units in that dwelling units are self- contained units that provide for daily living – full kitchen and sanitary facilities specifically.  Option C – allow for SRO Buildings as an interim use. - As in Option A, but permitted through a Temporary Use By-law (TUBL). - TUBL’s can only be in effect for three years, but there are no limitations on the number of times they can be renewed. Page 47 of 748Page 10 of 281 Page 121 of 515 7 PBD-2018-51 November 13, 2018 - Allows for converted motels to be phased out as purpose-built affordable housing is established. Preferred Option Staff and MHBC Planning are recommending Option A. This option will permit SRO Buildings as stand-alone as-of-right uses. This option would also include some ability to provide for the second floor to be SRO units. This approach is being recommended for the following reasons: 1. Living condition for renters needs improvement and regulation. The standard of living conditions within the converted motels is in need of improvement. Most of the motels date to the 1950’s and ‘60’s and were built for the seasonal accommodation of the travelling public. As such, many of these motels do not contain appropriate kitchen and eating facilities (individually or communally) nor do the units meet current Building Code or Fire Code regulations. Such matters can be controlled through a licensing by-law written specifically to regulate these uses. 2. SRO Buildings fill a much needed form of housing. The MHBC report illustrates quite clearly that this type of accommodation is needed by a sector of the population that cannot afford market rents. These people are a vulnerable segment of the City’s population that include people on fixed and low incomes. 3. There is an affordable housing crisis in the City. The supply of affordable housing is insufficient to meet demand. Affordable housing providers such as the Region have a limited budget and cannot meet the demand. As such, SRO Buildings serve to fill the void. 4. The supply of market rent housing is very low. SRO Buildings will assist in adding to the supply of affordable housing in the City. 5. Option A addresses the issues raised by stakeholders. Stakeholders noted issues that included the above points. Points such as licensing regulations, impact on assessment and the Residential Tenancies Act (RTA) are addressed below. As noted above, the Lundy’s Lane BIA has participated in this study through its involvement with the TAC. Prior to the publication of this report, a separate meeting was held with representatives of the BIA to brief them on this report, the MHBC report and the recommendations. The BIA raised concerns, similar to those made during MHBC’s interviews, specifically:  Appropriateness of the use in a tourism area. The BIA’s opinion is that SRO buildings should not be located on Lundy’s Lane as it is in the process of revitalizing its tourism base. Revitalization is a long term Page 48 of 748Page 11 of 281 Page 122 of 515 8 PBD-2018-51 November 13, 2018 initiative. Legalizing the conversion to SRO buildings, in whole or in part, is an interim solution to the current affordable housing crisis. In addition, an SRO building may not be the highest and best use of a given property. As such, implementation of the preferred option should not stymie revitalization efforts.  Standalone SRO Buildings will be considered residential in terms of assessment. Implementation of the preferred option will not alter the fact that motels are being used as a form of residential accommodation. Classification under the Assessment Act is based on the actual use of the property as opposed to a stated use. Because of this, any motel being used in this manner could currently be reclassified from the commercial classification. Implementing the preferred option will not result in any assessment reclassification in and of itself.  Certain motels serve the travelling public for part of the year. Part of Option A allows for SRO units to be established on a property along with motel units. Licensing will control the number and could control the time frame during which these units are operated.  Compliance with the Lundy’s Lane CIP Urban Design Guidelines. In March of this year, Council approved the Lundy’s Lane CIP. Part of the CIP is the Urban Design Guidelines (UDG’s). These provide design direction for property development and redevelopment in terms of building siting, aesthetics and landscaping. The licensing by-law regulations could require compliance with the UDG’s. Implementation of the Preferred Option Implementation of Option A will require a number of actions. 1. Amendments to the Official Plan and the Zoning By-law. Modifications to the Official Plan will provide the policy basis for the amendments to the Zoning By- law and creation of licensing regulations. The amendments to the Zoning By-law will include matters such as:  Defining an SRO Units and an SRO Building;  Including an SRO Building as a permitted use in the GC, TC and CB zones;  Regulating the location on an individual property of an SRO portion in relation to motel portion – for example motel units on the ground floor and SRO units above or within another building on the property where such a condition exists.  Regulating the extent of SRO units – for example, SRO units cannot be more than 75% of the total gross floor area of the building. Page 49 of 748Page 12 of 281 Page 123 of 515 9 PBD-2018-51 November 13, 2018 2. Licensing regulations will also have to be prepared to control day-to-day operations. Licensing regulations will be critical in implementation as these regulations control operations. Matters that should be regulated include:  Compliance with the Ontario Building Code, the Fire Code, Maintenance and Occupancy By-law;  Addressing deficiencies and penalties;  Annual inspections;  Number of SRO Units;  Requirement for an on-site manager;  A system for lodging complaints;  Property maintenance; and  License renewals and license revocation. 3. Demolition and Conversion Control By-law. A by-law, passed under section 99.1 of the Municipal Act, a demolition and conversion by-law would prohibit the demolition or conversion of SRO units unless the same number as is licensed is replaced. Such a by-law would ensure that people are not displaced and possibly rendered homeless. 4. The Residential Tenancies Act. Long term tenancies are a residential tenancy and are under the jurisdiction of the Residential Tenancies Act (RTA). The RTA looks at the actual use rather the intended use – as the motels units are being used for long term tenancy the RTA would apply. Equally SRO Units would be a residential tenancy under the RTA. The RTA can cover some or all of the units in the building. Where there is a question, tenants can apply to the Landlord Tenant Board (LTB) to be considered a tenant. Usually this does not happen – the norm is that either the landlord or the tenant brings an application against the other to the LTB for a decision as to whether the unit is covered by the RTA. As such, SRO Buildings and Units would be subject to the RTA. Because of this, both landlords and tenants will have certainty in dealing with issues that may arise (e.g. termination of a tenancy, property maintenance). 5. Property Assessment. During TAC discussions and MHBC’s stakeholder interviews questions came up about assessment. MPAC has advised that classifications under the Assessment Act Regulation 282/98 are based on the primary use of the property – in this case, are the occupants residing rather being transitory (travelling public), do the occupants have “quiet occupation” (a locked door; does the landlord have to give notice for entry). In addition, the units would have to be “self-contained” – have, or have access to the facilities necessary for daily living. Should there be more than 7 self-contained units intended for occupants to reside as the primary use, the property would likely be classed as multi-residential. The preferred option, however, would not trigger this assessment as the converted motels are currently operating as multi-residential currently. Page 50 of 748Page 13 of 281 Page 124 of 515 10 PBD-2018-51 November 13, 2018 CONCLUSION The above preferred option will provide the required policy and regulatory approach that is needed. Currently, boarding houses are operating contrary to the Zoning By-law and licensing does not exist that would adequately regulate the operations of boarding houses. Should Council endorse this approach, or any of the other options presented, the preparation of policy and regulatory documents will be the next step in the study. It is anticipated that these documents will be presented to Council for consideration in the first quarter of 2019. FINANCIAL/STAFFING/LEGAL IMPLICATIONS Approval of this report results in no financial/staffing/legal implications. ATTACHMENTS  No attachments. Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer J.Barnsley:rm S:\PDR\2018\PBD-2018-51, Boarding House Interim Control By-law Study.docx Page 51 of 748Page 14 of 281 Page 125 of 515 Page 52 of 748Page 15 of 281 Page 126 of 515 Page 53 of 748Page 16 of 281 Page 127 of 515 Page 54 of 748Page 17 of 281 Page 128 of 515 Page 55 of 748Page 18 of 281 Page 129 of 515 Page 56 of 748Page 19 of 281 Page 130 of 515 Page 57 of 748Page 20 of 281 Page 131 of 515 Page 58 of 748Page 21 of 281 Page 132 of 515 Page 59 of 748Page 22 of 281 Page 133 of 515 Page 60 of 748Page 23 of 281 Page 134 of 515 Page 61 of 748Page 24 of 281 Page 135 of 515 Page 62 of 748Page 25 of 281 Page 136 of 515 Page 63 of 748Page 26 of 281 Page 137 of 515 Page 64 of 748Page 27 of 281 Page 138 of 515 Page 65 of 748Page 28 of 281 Page 139 of 515 Page 66 of 748Page 29 of 281 Page 140 of 515 Page 67 of 748Page 30 of 281 Page 141 of 515 Page 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of 515 Page 134 of 748Page 97 of 281 Page 208 of 515 Page 135 of 748Page 98 of 281 Page 209 of 515 Page 136 of 748Page 99 of 281 Page 210 of 515 Page 137 of 748Page 100 of 281 Page 211 of 515 Page 138 of 748Page 101 of 281 Page 212 of 515 Page 139 of 748Page 102 of 281 Page 213 of 515 Page 140 of 748Page 103 of 281 Page 214 of 515 Page 141 of 748Page 104 of 281 Page 215 of 515 Page 142 of 748Page 105 of 281 Page 216 of 515 Page 143 of 748Page 106 of 281 Page 217 of 515 Page 144 of 748Page 107 of 281 Page 218 of 515 Page 145 of 748Page 108 of 281 Page 219 of 515 Page 146 of 748Page 109 of 281 Page 220 of 515 Page 147 of 748Page 110 of 281 Page 221 of 515 31 10.7 Exemption -from licence -onus -on person charged In a prosecution for a breach of this Part of this by-law, the onus of proving that he does not, for any of the reasons mentioned in section 10.5 or section 10.6 of this by-law, require to be licensed is upon the person charged. 10.8 Public park -permit -Corporation No person licensed, or required to be licensed, as a "hawker" or "pedlar" shall carry on the business of a hawker or pedlar in any public park in the City except under a permit of the Corporation. 10.9 Exemption from Licence Fees (a)Registered charitable organizations shall be required to obtain a hawker or pedlar licence for “day sales” or “seasonal sales” but shall be exempt from paying the appropriate licence fee. (b)Local retailers shall be required to obtain a hawker or pedlar licence for “day sales” or “seasonal sales” if the local retailer is operating at a temporary location but shall be exempt from paying the appropriate licence fee for one temporary location only, provided that the goods, wares or merchandise offered for sale at the temporary location are the same goods, wares or merchandise offered for sale continuously when the local retailer is open for business at their permanent location for at least three (3) months prior to their application for the hawker or pedlar licence. Part 11 LODGING HOUSE 11.1 Definitions In this Part: Lodger -defined "lodger" shall mean any person who pays rent, fees or other valuable consideration to a lodging house keeper for living accommodations in which kitchen or washroom facilities are shared with other persons. Lodging house -defined "lodging house" shall mean: (a)a building in which residential accommodation is provided or is intended to be provided for hire or gain, and in which each lodger does not have access to all of the habitable areas of the building consisting of: (i)a dwelling unit together with more than 3 lodging units, which lodging units individually or collectively do not constitute separate dwelling units; or (ii)more than 3 lodging units, which lodging units individually or collectively do not constitute a dwelling unit; or (b)a building in which lodging is provided for more than 3 persons with or without meals; and includes a nursing home, a rooming house, a boarding house and a fraternity or sorority house but shall not include a hotel, motel, hostel, hospital or nursing home if licensed, approved or supervised under any general or special Act other than the Municipal Actor a residence of an educational institution. Lodging house keeper -defined "lodging house keeper" includes the owner, landlord, lessee, tenant or occupant responsible for the granting of permission for the occupancy of a lodging unit and for the collection of the fees or rent payable by the lodger. Lodging unit -defined "lodging unit" shall mean a room with sleeping facilities, and may include either a washroom or cooking facilities but not both, supplied to a lodger or lodgers, for hire or gain, for the use of such person or persons. 11.2 Operation -without valid licence -prohibited No person shall, in the City, operate a lodging house without holding a current valid licence for such business or issued under the provisions of this by-law. Page 148 of 748Page 111 of 281 Page 222 of 515 32 11.3 Failure to comply -prohibited matter No person holding a Lodging House Licence shall: (a)fail to post the Lodging House Licence in a prominent place near the front entrance; (b)fail to prohibit the occupancy by more lodgers than the number for which the premises are licensed; (c)fail to keep and maintain a register of all resident lodgers; or (d)fail to prohibit the occupancy by more lodging units than the number for which the premises are licensed. 11.4 Licence posted -prominently -licensee -duty No holder of a Lodging House Licence issued pursuant to this by-law shall fail to ensure that the licence is posted in a prominent position inside the building near the front entrance to the lodging house. 11.5 Register -lodgers -kept -open to inspection -Police No holder of a Lodging House Licence issued pursuant to this by-law shall fail to ensure that a register is kept in the lodging house in which shall be entered the name and previous residence of every lodger who occupies the premisesnor fail to make such register open to inspection, at any reasonable time, by any member of the London Police Service or any person designated by the Council to enforce this by- law. 11.6 Application -to appropriate officials -by Licence Manager Upon the licence application being filed, the Licence Manager shall forward copies thereof to the Property Standards Officer, to the Manager of By-law Enforcement, to the Fire Chief and to the Medical Officer of Health. 11.7 Report -Property Standards Officer -duty After inspection, the Property Standards Officer shall file a report as to whether or not the premises in respect of which a licence is sought comply with those sections of the Property Standards By-law of the Corporation, directly relating to the health and safety aspects of occupancy of the property. 11.8 Report -non-compliance -contents If there is non-compliance with section 11.7 of this Part of this by-law, the Property Standards Officer shall clearly identify in the report referred to in section 11.7 of this by-law the nature of the non- compliance and the by-law section or sections concerned. 11.9 Report -filed -Manager of By-law Enforcement The Manager of By-law Enforcement shall file a report as to whether or not the proposed use of the premises as a lodging house complies with all applicable zoning by-laws of the Corporation. If there is non-compliance with any such by-law, the Manager of By-law Enforcement shall clearly specify the nature of the non-compliance and the section or sections of the by-law or by-laws concerned. 11.10 Report -filed -Fire Chief After inspection, the Fire Chief shall file a report as to whether or not the premises in respect of which a licence is sought comply with all fire regulations currently in force in the City. The Fire Chief shall clearly specify the nature of the non-compliance and the regulation concerned. 11.11 Report -filed -Medical Officer of Health After inspection, the Medical Officer of Health shall file a report as to whether or not the premises in respect of which a licence is sought complies with the requirements of the Middlesex-London Health Unit. If there is non-compliance with any such requirements, the nature of the non-compliance and the requirement concerned shall be clearly specified. 11.12 Reports -favourable -licence -issue If all the reports filed are favourable, the Licence Manager may issue the requested licence. If any or all of the said reports are unfavourable, the application shall be refused and the applicant so notified, provided that the Licence Manager shall forward with such notification a copy, or copies, of any unfavourable report or reports. 11.13 Licence -valid -only number of lodgers shown A Lodging House Licence issued under the provisions of this Part of this by-law is only valid in respect of the premises named therein and for the number of lodgers indicated on the licence. Page 149 of 748Page 112 of 281 Page 223 of 515 Page 150 of 748Page 113 of 281 Page 224 of 515 Consolidation of By-law 94-2002 approved October 21, 2002 Amended by By-law 117-2008.13-2003, 79-2004 and 110-2004. Note:This consolidation is prepared for convenience only. For accurate reference the original by-laws should be reviewed. Page 151 of 748Page 114 of 281 Page 225 of 515 By-Law 94-2002 of The Corporation of the City of Oshawa being a by-law to provide for the licensing, regulating and governing of lodging houses in the City of Oshawa. Whereas Part XVII.1 of the Municipal Act, R.S.O 1990, c. M.45, as amended, authorizes the council of a municipality to pass by-laws for the licensing, regulating and governing of businesses; And Whereas the Council of the Corporation of the City of Oshawa deems it desirable to licence, regulate and govern the business of operating and maintaining lodging houses for the purposes of health and safety, nuisance control and consumer protection; Now therefore, it is enacted as a by-law of the corporation of the City of Oshawa by the Council thereof as follows: Section 1: Short Title 1.1 This By-law may be cited as the “Lodging House Licensing By-Law”. Section 2: Administration, Interpretation and Enforcement 2.1 Scope 2.1.1 This By-law applies throughout the City of Oshawa. 2.2 Severability 2.2.1 If any provision or part of a provision of this By-law is declared by any court or tribunal of competent jurisdiction to be illegal or inoperative, in whole or in part, or inoperative in particular circumstances, the balance of the By-law, or its application in other circumstances, shall not be affected and shall continue to be in full force and effect. 2.3 Compliance with other By-Laws and Regulations 2.3.1 This By-law shall not be construed to reduce or mitigate any restrictions or regulations lawfully imposed by the City or by any governmental authority having jurisdiction to make such restrictions or regulations. 2.3.2 If there is a conflict between a provision in this By-law and a provision of any other City by-law, the provision that establishes the highest standard to protect the health, safety and welfare of the general public shall apply. 2.4 Gender and Number 2.4.1 In this By-law, unless the contrary intention is indicated, words used in singular shall include the plural and words used in the male gender shall include the female gender and vice versa. 2.5 Headings 2.5.1 The headings of sections, subsections and articles in this By-law are inserted for ease of reference only and do not affect the interpretation of this By-law. Language within parentheses do form a part of this By-law. 2.6 Numbering System 2.6.1 The numbering system for sections, articles and sentences for this By-law is explained as follows: Each “section” is numbered with an Arabic numeral. The second Arabic numeral following the first (separated by a decimal) describes the “subsection”. The third Arabic numeral (where one appears) following the second (separated by a decimal) describes the “article.” Clauses, lists of items, provisions or requirements within subsections or articles are defined by alphabetic characters enclosed by parentheses. 2 Page 152 of 748Page 115 of 281 Page 226 of 515 2.7 And/Or 2.7.1 The word “and” is an inclusive conjunction, the use of which indicates that all items or phrases in the subsection, article, or list in which it appears are permitted or required, as the case may be. The word “or” is an alternate conjunction, the use of which indicates that alternate or optional items or phrases in the subsection, article or list in which it appears are permitted or required, as the case may be; however, notwithstanding the foregoing, where the context permits, the word “or” may also be an inclusive conjunction having the same meaning as the word “and”. 2.8 References To Legislation 2.8.1 All references in this By-law to names of Acts of the Legislature are, unless otherwise noted, references to the Revised Statutes of Ontario, 1990 edition. Similarly, all references in this By-law to names of Regulations are, unless otherwise noted, references to the Revised Regulations of Ontario, 1990 edition. All references to Acts of the Legislature, Regulations and By-laws include applicable amendments, including successor Acts, Regulations and By-laws. 2.9 Defined Terms 2.9.1 Wherever the first letter of a term set out in the text of this By-law is capitalized, save for the first letter of terms which begin a sentence, section, subsection or article (unless that term is defined by this By-law) the term shall have the meaning set out for it in Section 3 and shall include the plural, past and future tense, with the necessary modification in interpreation required by the context. Wherever the first letter of a term set out in this By-law appears in lower case, it shall be deemed to have the meaning ordinarily attributed to it in the English language. 2.10 Use 2.10.1 In this By-law, unless the context requires otherwise, the verb “use” shall include “intend to use”, “design to use” and “cause or permit to use”. 2.11 Effective Date 2.11.1 This By-law shall come into force on January 1, 2003. 2.12 Repeal Of Existing By-Law 2.12.1 On the date that this By-law comes into force, By-law 74-84 is repealed. Section 3: Definitions 3.1 For the purpose of interpreting the provisions set forth in this By-law, the following definitions shall apply: “Accessory Building” means a detached Building not used for human habitation. “Apartment Building” means a Building containing three (3) or more Dwelling Units, where units are horizontally separated and where each unit has access to an interior corridor system with exit at grade level. “Bed and Breakfast Establishment” means a Single Detached or Farm Dwelling in which not more than three bedrooms are made available for the temporary accommodation of travelers, to whom meals may be furnished, but does not include a Hotel or Lodging House. “Building” means any Structure consisting of a roof supported by walls or columns which is used for the shelter, accommodation or enclosure of Persons, animals, goods, chattels or equipment, whether heretofore or hereafter erected. “By-Law Enforcement Officer” means any Person appointed by the City to enforce its by-laws. “Cellar” means the portion of a Building between two floor levels which is partly or wholly underground and which has more than one-half of its height from finished floor to finished ceiling below adjacent finished grade. “City” means The Corporation of the City of Oshawa. 3 Page 153 of 748Page 116 of 281 Page 227 of 515 “Committee” means the Committee of Council to which Council has delegated the responsibility of handling lodging house licensing matters.(110-2004) “Correctional Group Home” means a Group Home containing one or more Persons who have been placed on probation, released on parole, admitted for correctional purposes, or found to be not criminally responsible for a crime by virtue of mental incapacity. “Crisis Care Residence” means an establishment that provides a means of immediate, temporary accommodation and assistance for a short-term period, which is generally less than one week for the majority of the residents and includes a hostel. “Dwelling” means a Building or Structure or part of a Building or Structure used for the purpose of human habitation, and includes a Building that would be used or would be intended to be used for such purposes, except for its state of disrepair, and shall include every Building on a residential Property other than an Accessory Building. “Dwelling Unit” means that part of a Dwelling consisting of one or more Habitable Rooms, which contains toilet and cooking facilities and which is designed for use as a single housekeeping establishment. “Farm Dwelling” means a Single Detached Dwelling which is located or intended to be located on a lot used for agricultural purposes. “Grade” means the average elevation of the finished surface of the ground where it meets the exterior of the front of the Lodging House. “Group Home” means a Dwelling Unit housing three to ten persons, exclusive of staff, who by reason of their emotional, mental, social or physical condition or legal status require a group living arrangement for their well being, and who live under responsible supervision, with the group home licensed or approved for funding under Provincial Statutes. “Gross Floor Area” means the sum total of the horizontal areas of the floors in a Lodging House, measured from the exterior faces of the exterior walls (or where calculated individually for one or more uses in a Lodging House measured from the centreline of the common wall separating the uses) and, where provided, shall include corridors, lobbies, half-storeys and areas occupied by interior walls or partitions, but shall not include any floor area located below Grade. “Habitable Room” means a room in a Dwelling used, designed to be used or capable of being used for living, sleeping, cooking or eating purposes. “Hospital” means any institution, land, Building or part of a Building, Structure or other premises or place established for the diagnosis or treatment of Persons afflicted with or suffering from sickness, disease or injury, including mental or nervous illness, or for the treatment of convalescent or chronically ill Persons. “Hotel” means a Building, or part of a Building or group of Buildings mainly used for the purpose of catering to the needs of the travelling public by furnishing sleeping accommodation and includes a motel or motor hotel but does not include a Bed and Breakfast Establishment or a Lodging House. “Lodger” means a Person, other than an Owner, who resides in a Lodging House. “Lodging House” means a Building or part of a Building, containing three to ten Lodging Units, which does not appear to function as a Dwelling Unit, although one may be included with the Lodging Units. It includes, without limitation, a rooming house and a boarding house, a fraternity house or sorority house. It does not include a Hotel, a Crisis Care Residence, a Hospital, a Group Home, a Correctional Group Home, a Bed and Breakfast Establishment nor a Nursing Home, or Retirement Home, as defined by this By-law. “Lodging Unit” means one or more rooms within a Building used for sleeping accommodations. Lodging Units may contain cooking or Washroom facilities, but not both. “Lot” means a parcel of land which is: a)shown as a lot or block on a registered plan of subdivision; or 4 Page 154 of 748Page 117 of 281 Page 228 of 515 b)described in a single Transfer/Deed of Land of legal effect registered in the Land Registry Office or the Land Titles Office for the Land Registry Division of Durham. “Lot Line” means any boundary of a Lot. “Nursing Home” means a Building or part of a Building in which rooms or lodging are provided in conjunction with the provision of meals, personal care, nursing services and medical care and treatment, but does not include a Hospital. “Owner” includes all Persons shown by the records in the Registry Office or the Land Titles Office to be the owner at law of the subject Property and also includes a Person who, alone or with others, or through others: a)Provides the services of a Lodging House; b)Is entitled to any income accruing from using, maintaining or operating a Lodging House; c) Manages or controls a Lodging House including, without limiting the generality of the foregoing, collecting or receiving rentals, fees or any other compensation paid by or on behalf of the Lodgers or potential Lodgers of the Lodging House; or d)Has responsibility for or control over the condition of a Lodging House, or the Property, or the activities carried on there or control over Persons authorized to enter that Property. “Person” means an individual, association, firm, partnership, corporation, trust, organization, trustee, or agent, and the heirs, executors or legal representatives of the Person to whom the context can apply according to law. “Property” means the Lot on which a Lodging House sits. “Provincial Offences Officer” has the same meaning as in the Provincial Offences Act. “Rear Yard” means all of the yard on a lot which contains a Lodging House, which is situated behind the Lodging House and extends from one side lot line to the other side lot line. “Retirement Home” means a residence providing accommodation primarily for Persons or couples of 65 years of age or over where each living unit has a private bedroom, a private Washroom and separate entrance from a common hall but where common facilities for the preparation and consumption of food are provided, and where common lounges, recreation rooms and medical care facilities may also be provided. “Single Detached Dwelling” means a Building which is freestanding, separate and detached from other main Buildings or main Structures and which contains only a Dwelling Unit, but does not include a mobile home. “Structure” means anything that is erected, and which is fixed to or supported by the soil, a Building or another Structure, but does not include a Building or fence. “Washroom” means that part of a Building containing one or more of a toilet, urinal, bathtub, shower or washbasin. Section 4: Requirements to be Licenced 4.1 No Person shall own, use, operate, maintain, be keeper of, rent, offer for rent or permit to be used, operated, maintained, rented or offered for rent a Lodging House, or any part thereof, as a business without first obtaining a licence therefor under the provisions of this By-law. 4.2 Where a licence has been issued under this By-law for the use, operation or maintenance of a Lodging House, no Person shall use, operate, maintain, be keeper of, rent, offer for rent or permit to be used, operated, maintained, kept, rented or offered for rent that Lodging House, or any part thereof, except in conformity with the terms and provisions of the licence and this By-law. 5 Page 155 of 748Page 118 of 281 Page 229 of 515 Section 5: Licence Application 5.1 The application for licences and the application for licence renewals under this By-law shall be submitted to Building Services on forms approved by the City and shall contain the information required by this Subsection. Notwithstanding the foregoing, where the application is for a renewal only of a licence, the following information need only be provided where it has changed from previous applications:(79-2004) a)The name and address of the Owner as shown on the records in the Land Registry Office or Land Titles Office for Durham Region, referred to in this By-law as the registered owner, and the telephone number of the Owner; b)If the registered owner is a corporation, the name, address and telephone numbers of all officers, directors and shareholders; c) If the registered owner is a corporation, its articles of incorporation; d)If the registered owner is a partnership, the name, address and telephone number of the individual members of the partnership; e)The name, address and telephone number of the keeper, manager or operator of the Lodging House if it is not the same as the registered owner; f)The location of the Lodging House including address and legal description; g)The number of Lodging Units available for Lodgers; h)The number of Washrooms available for use by Lodgers; and i)The number of parking spaces available for use by Lodgers. 5.2 The application for licences and the application for licence renewals under this By-law shall be submitted together with the following: a)A floor plan of the Building, including dimensions and the proposed use of each room and a site plan showing the location and dimensions of all parking spaces available on the Property; b)A statement from the Manager of By-law Enforcement of the City, or his/her designate, that the Building on the subject Property, and the contemplated use thereof, complies with the requirements of Subsections 6.1 a), c), j) and (if applicable) h) of this By-law; c) A statement from the Fire Chief, or his/her designate, that the Building on the subject Property complies with the requirements of Subsection 6.1 b) of this By-law; d) Subject to Subsection 6.2, the inspection certificates required in Subsection 6.1 d), e), and f); e)Acknowledgments in writing allowing the City and all appropriate authorities having jurisdiction, to enter the subject Property, including any Buildings or Dwellings or Lodging Units thereon, in order to conduct the necessary annual inspections of the subject Property to determine compliance with the requirements of this By-law to support licence issuance or renewal; f)An original Criminal Information Report (CIR) as required in Subsection 6.1 g) of this By-law; g)A true copy of the record of any business name used for the Lodging House under the Business Names Act; h)Proof of placement of insurance for the duration of the licence period having a limit of liability of not less than $2,000,000.00 (two million dollars) per occurrence for property damage and bodily injury. It shall be a requirement of the policy of insurance that the City be notified of any intended cancellation by the insurer no less than fifteen (15) days prior to such cancellation; 6 Page 156 of 748Page 119 of 281 Page 230 of 515 i)A statement from the Medical Officer of Health for Durham Region, or his/her designate, that the Building on the subject Property and the subject Property itself complies with all of the requirements of the Health Protection and Promotion Act and all of the regulations and by-laws thereunder, meets the minimum public health standards and does not pose a health hazard; and j)The applicable fees.(13-2003) 5.3 No Person shall knowingly give false information when applying for a licence under this By-law. 5.4 Where the applicant or licensee meets all of the requirements of this By-law, the Chief Building Official may grant a licence, or renewal, as the case may be. Section 6: Licence Requirements 6.1No licence shall be issued and no licence shall be renewed unless: a)The use and intended use of the subject Property is permitted in accordance with the City’s Zoning By-Law; b)The Building on the subject Property is in compliance with all standards which apply to the Building at the time of licence issuance or renewal as are prescribed by the Ontario Fire Code, O. Reg. 388/97; c) The Building and subject Property are in compliance with the City’s Property Standards By-Law; d)An electrical inspection certificate is provided verifying the Building on the subject Property is in compliance with all standards which apply to the Building at the time of licence issuance or renewal as are prescribed by the Ontario Electrical Safety Code, O. Reg. 164/99; e)An inspection certificate has been provided from a heating contractor, duly qualified under the laws of the Province of Ontario, that the heating system in the Building on the subject Property is in safe working order; f)An inspection certificate from Fire Services of the City has been provided verifying that all carbon monoxide detectors installed on the subject Property are in working order; g)An original CIR from the Durham Regional Police has been provided dated not prior to 30 days before the date of licence application, showing no convictions under Parts V (Sexual Offences), VIII (Offences Against Persons) or IX (Offences against Property) of the Criminal Code of Canada, R.S.C. 1985, c. C-46, as amended, for the Owner and any proposed managers, operators or keepers of the subject Property; h)If required, a change of use permit under the Building Code Act 1992, S.O. 1992, c. 23, has been issued and any work required thereunder has been completed; i)The Lodging House complies with all of the requirements of this By-law; j)Any signs located on the subject Property are in compliance with the City’s Sign By-law; k) Proof of placement of insurance for the duration of the licence period having a limit of liability of not less than $2,000,000.00 (two million dollars) per occurrence for property damage and bodily injury. It shall be a requirement of the policy of insurance that the City be notified of any intended cancellation by the insurer no less than fifteen (15) days prior to such cancellation; l)The Medical Officer of Health for Durham Region, or his/her designate, has certified that the Building on the subject Property and the subject Property itself complies with all of the requirements of the Health Protection and Promotion Act and all of the regulations and by-laws thereunder, meets the minimum public health standards and does not pose a health hazard; 7 Page 157 of 748Page 120 of 281 Page 231 of 515 m)The Lodging House is not located within 45 metres of another Lodging House. For the purposes of this subsection, the distance shall be measured from the perimeter of the Property for which the licence is sought to the perimeter of the next nearest Property on which a Lodging House is situated. Provided that, this paragraph m) shall not apply to those Properties where the business of a Lodging House was being carried on or engaged in at that location at the time this By-law first came into force; and n)The fees have been paid. (13-2003) 6.2 Notwithstanding the provisions of Subsection 6.1, where an Owner has previously submitted the certificate required by Subsection 6.1 d), and where that certificate is less than five (5) years old, the Owner need not submit current certificates in that regard. Section 7: Appeal 7.1 Where the Chief Building Official believes, for any reason, that an applicant or licensee would be disentitled to a licence (or a renewal thereof) or an applicant or licensee should only be granted a licence (or a renewal thereof) subject to conditions, or a licence should be suspended or revoked, the Chief Building Official shall submit the application and all investigative reports to the COMMITTEE and no licence shall be granted except on order of Council.(79-2004, 110-2004) 7.2 In considering a matter under this Section, Council may impose any conditions it sees fit as a requirement of obtaining, continuing to hold or renewing a licence, including any condition which would otherwise contravene any other provisions of this By-law and, notwithstanding the generality of the foregoing, conditions may be imposed on the following grounds: a)To ensure the health and safety of any person; b)To control and abate nuisances; c)To protect consumers; and d)To ensure the business is carried on in accordance with the law or with honesty and integrity. 7.3 Council shall not make a decision under this Section without first affording the Person or applicant the opportunity to be heard before the Committee. 7.4 After such opportunity to be heard is afforded the Person or applicant, Council may make any decision in respect of which the hearing was held or the opportunity for hearing afforded without holding a further hearing or affording further opportunity for a hearing in such matter. 7.5 Where the Committee conducts a hearing in respect of any matter in this Section, the rules set out in The Statutory Powers Procedure Act shall apply to the Committee but those rules do not apply to Council in the exercise of its power of decision in respect to such matter. 7.6 At the conclusion of the hearing conducted by the Committee under this Section, the Committee shall, as soon as practicable, make a written recommendation, if any, to Council with reasons on the merits of the application or proposed revocation or suspension in respect of which the hearing has been conducted. 7.7 After considering the report of the Committee, Council may thereupon in respect of such application do any act or make any decision that it might have done, passed or made had it conducted the hearing itself. 7.8 Notice of the decision of Council may be given by mailing a copy thereof by prepaid certified mail to the Person or applicant at his last known address and, upon such mailing, any revoked, suspended or refused licence shall be deemed to be revoked, suspended or refused, as the case may be. 8 Page 158 of 748Page 121 of 281 Page 232 of 515 Section 8: Fees 8.1 No application for a licence and no application for a licence renewal shall be accepted unless it is accompanied by the application fee.(13-2003) 8.2 No licence shall be issued under this By-law until the licence fee has been paid in full to the Chief Building Official. Where the licence fee is paid by cheque and the applicant’s financial institution refuses to clear that cheque, any licence issued hereunder may be revoked as not meeting the requirements of this Subsection.(13-2003) Section 9: Inspections 9.1 Upon receipt of an application for a licence or licence renewal, inspections of the Lodging House will occur at the location named in the application to determine whether such Lodging House complies with this By-law. 9.2 The signature of the registered Owner and applicant (if different from the registered owner) on the application form shall be deemed as permission for authorized persons to enter the subject Property (and Buildings) named in the application at any reasonable time to carry out any inspections. 9.3 The applicant shall provide an authorization from each Lodger for permission for authorized Persons to enter all Lodging Units on the Property (at a time and day convenient to the City, the applicant and the Lodgers) for the purposes of conducting inspections under this By-law. 9.4 Every Lodging House shall be subject to an annual Fire Services and Property Standards inspection. 9.5 Subject to Subsection 9.6, a Provincial Offences Officer or By-law Enforcement Officer may (between the hours of 6 a.m. and 9 p.m. and upon producing proper identification) enter upon a Property and into Buildings without a warrant to inspect a Property for compliance with the provisions of this By-law. 9.6 Except under the authority of a search warrant, neither a Provincial Offences Officer nor a By-law Enforcement Officer shall enter any room or place actually used as a Dwelling, Dwelling Unit or Lodging Unit without requesting and obtaining the consent of the occupier, having first informed the occupier that the right of entry may be refused and entry made only under the authority of a search warrant. 9.7 No Person shall obstruct or attempt to obstruct a Provincial Offences Officer or By-law Enforcement Officer in carrying out a lawful inspection under this Section. Section 10: Terms of the Licence 10.1 All licences issued under this By-law shall expire on the 31st day of December of each year. 10.2 Where a licence is issued under this By-law, the licence shall be displayed in a prominent location inside the main entrance of the Lodging House together with a list of any conditions imposed upon the licence. The licence shall indicate the following: a)The information set out in Subsection 5.1; b)The maximum number of Lodging Units allowed on the Property; c) The licence number; d)The date of issue; e)The date of expiry; and f)The name of the Owner or, where the Owner does not reside in the City of Oshawa, the Owner’s agent who does reside in the City of Oshawa, and sufficient information to enable immediate contact with that Owner or Owner’s agent. 10.3 Every licence issued under this By-law is issued subject to the following conditions: 9 Page 159 of 748Page 122 of 281 Page 233 of 515 a)That the maximum number of Lodging Units as provided for in the licence is not exceeded; b)That all Federal and Provincial laws and City By-laws, including this By-law, are complied with prior and subsequent to licence issuance; and c) That no construction, renovation, alteration or addition is carried out on the subject Property except in compliance with all laws and upon the issuance of all applicable permits. 10.4 Every Owner shall keep and maintain the following written records for each Lodger and shall make these records available for inspection forthwith on the request of a By-law Enforcement Officer: a)The full name of the Lodger; b)The address of the last place of residence prior to admission to the home; c) The name, address and telephone number of the next of kin or, where there is no next of kin, the number of someone to contact in the event of an emergency; and d)The Lodger’s Ontario Health Card Number, if they possess one, and if the Lodger consents. 10.5 All of the records referred to in Subsection 10.4 are the property of the Lodger and, where the Lodger no longer resides in the Lodging House, shall be returned to the Lodger, forthwith, upon demand. 10.6 If, at any time after the issuance of a licence, the Owner or their agent, as the case may be, shall cease to reside in the City of Oshawa, the Owner shall, within seven (7) days of such cessation, file with the Chief Building Official, a signed consent and appointment appointing some other Person who is a resident of the City of Oshawa and who can supply a current CIR in compliance with the requirements of Subsection 6.1 g), as agent for the Owner. 10.7 Where the Owner has appointed a Person as agent, such Person shall, for the purposes of this By-law, be deemed to have full authority to act as agent of the Owner in respect of the operation of the Lodging House and shall be deemed to be an Owner. 10.8 Every Owner of a Lodging House shall provide a functioning telephone that is accessible to all Lodgers at all times for emergency use and shall post a list of local emergency numbers in close proximity to the telephone. 10.9 Every Owner of a Lodging House shall post a fire safety plan, approved by the Fire Chief for the City, or his/her designate, in a conspicuous place in the Lodging House. Section 11: Revocation / Suspension 11.1 No Person shall enjoy a vested right in the continuance of a licence and, upon issuance, renewal, cancellation or suspension, the licence shall remain the property of the City and Council may, by resolution, suspend or revoke any licence issued under this By- law, in its complete discretion. 11.2 The exercise of the discretion of Council to refuse, suspend, or revoke a licence under this By-Law shall be based on: a)the breach by an Owner of any By-law of the City, including this By-law, or any statute or regulation of the Province of Ontario including without limitation the Liquor Control Act, the Fire Prevention and Protection Act, the Fire Code and the Health Protection and Promotion Act or any statute or regulation of the Country of Canada, including without limitation the Criminal Code and the Controlled Drugs and Substances Act; b)a breach of any of the By-laws, statutes or regulations as setout in subsection 11.2 a) by a Lodger while in a Lodging House or on a Property and while outside that Lodger’s Lodging Unit; 10 Page 160 of 748Page 123 of 281 Page 234 of 515 c) the failure of an applicant or licence holder or Owner or Property to meet, at any time, any of the requirements of this By-law or any conditions imposed on a licence issued under this By-law; d)the submission of false information filed in support of a licence or licence renewal; e)the applicant or licence holder or Owner is incompetent in a manner that affects the safety, health or welfare of the public, including the safety, health or welfare of a Lodger; f)the applicant has been found to have discriminated against a member of the public or a Lodger contrary to the Human Rights Code in connection with the operation of a Lodging House; g)the protection of the health or safety of any Person; h)the control or abatement of nuisance; i)the protection of consumers; or j)upon the grounds that the conduct of any Person, including the officers, directors, employees or agents of a corporation, affords reasonable cause to believe that the Person will not carry on or engage in the business in accordance with the law or with honesty and integrity. Section 12: Lodging House Regulations 12.1 No Person shall use or permit the use of an appliance in a Lodging Unit that may create a fire hazard. 12.2 No Owner shall permit a Person who has assaulted another Person while in a Lodging House or damaged the property of another Person while in a Lodging House to remain in that same Lodging House or on the Property. 12.3 No person shall occupy or permit the occupancy of, for sleeping purposes, any Cellar or any space used or designed to be used as a lobby, hallway, closet, bathroom, laundry room, stairway or kitchen or any room having a floor area of less than 80 square feet or any room being less than 7 feet 6 inches from the floor to ceiling. 12.4 No Person shall maintain, rent or offer for rent Lodging Units in a Lodging House, or any part thereof, in excess of the maximum number of Lodging Units permitted in the following table based on the Gross Floor Area of the Lodging House: Gross Floor Area of Lodging House Maximum Number of Permitted Lodging Units 0 –2140 m 4 140.1 –186 m2 5 186.1 –233 m2 6 233.1 –326 m2 7 326.1 –465 m2 9 Over 465 m2 10 12.5 No Person shall own, use, operate, maintain, be keeper of, rent, offer for rent or permit to be used, operated, maintained, rented or offered for rent a Lodging House, or any part thereof, without maintaining on the Property at least 0.5 parking spaces for every Lodging Unit in the Lodging House and, where the Lodging House also contains a separate Dwelling unit, one (1) additional parking space. 12.6 Each parking space required under this By-law shall have a minimum width, length and adjoining aisle width as set out in the following table: 11 Page 161 of 748Page 124 of 281 Page 235 of 515 Parking Angle (degrees) Parking Space Width (m) Parking Space Length (m) Aisle Width (m) 0 to 20 2.6 6.7 3.5 21 to 45 2.6 5.4 3.2 46 to 60 2.6 5.4 3.9 61 to 75 2.6 5.4 5.1 76 to 90 2.6 5.4 6.5 12.7 Notwithstanding subsection 12.6 to the contrary, the minimum parking space width shall be 3.0 metres where the side of any parking space is located adjacent to a solid wall, fence or like structure. 12.8 Provided that the requirements of subsections 12.5, 12.6 or 12.7, as applicable, shall not apply to a Property which has obtained a variance by the Committee of Adjustment for the City from any of the requirements set out in those subsections under the equivalent requirements of the City’s Zoning By-law. 12.9 The Owner of a Lodging House shall erect and maintain a fence surrounding the entire Rear Yard of the Property, except that portion of the Rear Yard that is bounded by the main rear wall of the Lodging House, to form a continuous enclosure of the Rear Yard in accordance with the following minimum requirements: a)the fence shall extend from the ground to a height, measured on the outside of the fence, of not less than 1.5 metres; b)the fence shall be of vertically boarded weather protected wood construction; c) the fence shall have the vertical boarding attached to supporting members not less than 19 mm by 89 mm dimensions spaced not more than 40 mm apart; d)the fence shall be supported by a minimum of 89 mm square or 89 mm diameter posts, spaced not more than 2.4 m on centres securely embedded to a minimum of 1.2 m below Grade. That portion of the wood post below Grade shall be treated with a wood preservative. Top and bottom horizontal rails shall be provided of wood 38 mm by 89 mm minimum dimensions; and e)where a gate is erected at any point in the fence, such gate shall not exceed 1.2 m in width. 12.10 Every Lodging Unit shall have a window or windows, skylights or translucent panels facing directly or indirectly to an outside space that admit natural light equal to not less than two and one half percent of the floor area of the Lodging Unit. 12.11 Every corridor, passageway, doorway, stairway and storage rooms (but not including service, utility and laundry rooms) or other room used or designed to be used in common by Lodgers in a Lodging House shall be provided with a minimum Level Of Illumination of 50 Lux (4.6 Foot candles). 12.12 Every Washroom and recreation room used or designed to be used by Lodgers in a Lodging House shall be provided with a minimum Level Of Illumination of 100 Lux (9.3 Foot candles). 12.13 Every service, utility and laundry room used or designed to be used by Lodgers in a Lodging House shall be provided with a minimum Level Of Illumination of 200 Lux (18.6 foot candles). 12.14 Every Lodging House shall be kept free from dampness and moisture. 12.15 Every Lodging House shall be kept free of pest infestation (including rodents, vermin and insects, reptiles, or other wild animals, pigeons, or other wild birds) at all times. 12 Page 162 of 748Page 125 of 281 Page 236 of 515 12.16 Every floor, wall, ceiling, furnishing, appliance, fixture and equipment in a Lodging House (including the interior of Lodging Units) shall be maintained in a clean and sanitary condition and free from rubbish, garbage, ashes, flammable materials and other debris. Section 13: Offence / Penalties 13.1 Every person who contravenes any of the provisions of this By-law, and every director or officer of a corporation who concurs in such contravention by the corporation, is guilty of an offence and on conviction is liable to a fine not exceeding $25,000 or to imprisonment for a term not exceeding one year, or to both. 13.2 Where a corporation is convicted of an offence under subsection 13.1, the maximum penalty that may be imposed on the corporation is $50,000 and not as provided in that subsection. By-law read a first, second and third time and finally passed this twenty-first day of October, 2002. 2005 06 16 13 Page 163 of 748Page 126 of 281 Page 237 of 515 SCHEDULE “A” TO BY-LAW 94-2002 (a)The non-refundable application fee for a licence (new or renewal) is $100.00 (b)The licence fee for a new licence is $250.00 (c)In respect of an application for a licence renewal received prior to the expiry date of the licence or licence renewal, being the 31st day of December of any year, the licence fee for the subsequent year is $250.00 (d)In respect of an application for licence renewal received after the expiry date of the licence or licence renewal, being the 31st day of December of any year, the licence fee for the year is $300.00. 14 Page 164 of 748Page 127 of 281 Page 238 of 515 Page 165 of 748Page 128 of 281 Page 239 of 515 CITY OF VANCOUVER BRITISH COLUMBIA SINGLE ROOM ACCOMMODATION BY-LAW NO. 8733 This By-law is printed under and by authority of the Council of the City of Vancouver (Consolidated for convenience only to July 22, 2015) Page 166 of 748Page 129 of 281 Page 240 of 515 CITY OF VANCOUVER SINGLE ROOM ACCOMMODATION BY-LAW NO. 8733 Page 167 of 748Page 130 of 281 Page 241 of 515 SINGLE ROOM ACCOMMODATION BY-LAW TABLE OF CONTENTS SECTION 1 INTERPRETATION 1.1 Name of By-law 1.2 Definitions 1.3 Table of contents 1.4 Schedules 1.5 Severability SECTION 2 APPLICATION OF BY-LAW AND DESIGNATION OF SINGLE ROOM ACCOMMODATION 2.1 Application of By-law 2.2 Designation 2.3 Notice of designation SECTION 3 EXEMPTIONS 3.1 Application for exemption 3.2 Exemption application requirements 3.3 Exemption notice and inspection 3.4 Exemption approval 3.5 Lapse of application for exemption 3.6 Application of exemption SECTION 4 CONVERSION OR DEMOLITION 4.1 Regulation of conversion or demolition 4.2 Application for conversion or demolition permit 4.3 Conversion or demolition permit application requirements 4.4 Conversion or demolition permit notice and inspection 4.4A Consideration of conversion or demolition permit application 4.5 Issuance of conversion or demolition permit 4.6 Conversion or demolition permit conditions 4.7 Effect of conversion or demolition permit 4.8 Validity of conversion or demolition permit 4.9 Revocation of conversion or demolition permit 4.10 Effect of revocation or expiry 4.11 Other permits 4.12 Permitted rentals to transient guests 4.13 Accessory or amenity space -iii - Page 168 of 748Page 131 of 281 Page 242 of 515 4.14 Lapse of application for permit SECTION 5 INSPECTIONS AND RECORDS 5.1 Inspections 5.2 Maintenance of records 5.3 Inspection of records SECTION 6 ENFORCEMENT 6.1 Assignment of enforcement powers or duties 6.2 Enforcement powers 6.3 Delivery of order, direction, or notice 6.4 Offences under By-law 6.5 Separate offences 6.6 Fine for offence 6.7 Fine for continuing offence SECTION 7 FORCE AND EFFECT OF BY-LAW 7.1 Force and effect SCHEDULES Schedule A -Main civic address(es), legal description(s), secondary civic address(es), or current name of buildings containing designated rooms Schedule B -Notice of designation Schedule C -Room registration form -iv - Page 169 of 748Page 132 of 281 Page 243 of 515 BY-LAW NO. 8733 A By-law to regulate conversion or demolition of single room accommodation [Consolidated for convenience only, amended to include By-law No. 11331, effective July 22, 2015] ____________________________________________ THE COUNCIL OF THE CITY OF VANCOUVER, in public meeting, enacts as follows: SECTION 1 INTERPRETATION Name of By-law 1.1 The name of this By-law, for citation, is the ASingle Room Accommodation By-law@. Definitions 1.2 In this By-law: "building"means a building referred to in section 2.2; "conversion"or "convert"means: (a)a change in the form of occupancy, intended form of occupancy, or customary form of occupancy of a designated room from living accommodation for a permanent resident to living accommodation for a transient guest or to another purpose, (b)a change in the term or nature of the tenancy to which a permanent resident has the right in respect of a designated room, (c)a change in the frequency of the rent payments a permanent resident must make in respect of a designated room, (d)an occupancy or use, or the suffering or allowing of an occupancy or use, of a vacant designated room for a purpose other than living accommodation for a permanent resident, (e)a repair or alteration to a designated room or any improvement or fixture in it or a replacement of any such improvement or fixture, except for repairs or alterations that are minor in nature and have no material effect on the enjoyment by permanent residents of their living accommodation, and do not Page 170 of 748Page 133 of 281 Page 244 of 515 include the relocation of a permanent resident during the repair or alteration and does not result in the room ceasing to be a designated room, (f)a re-classification of a building or any portion of a building from Class 1 - residential to any other class referred to in the Assessment Act or its regulations, or (g)a loss of exemption in respect of a designated room from an obligation to pay or remit hotel room tax under the Hotel Room Tax Act or its regulations; "demolition"or "demolish"means to pull, knock, or tear down or to raze, wholly or partially, a designated room; "designated room"means a room Council has designated, under section 2.2, as single room accommodation; "living accommodation"means the use, intended use, or customary use of a room for lodging or sleeping and sitting purposes; "owner"means a person who: (a)is the registered owner of the fee simple estate in land that includes a building, (b)is the owner under agreement of land that includes a building, (c)holds a leasehold estate in land that includes a building, (d)holds a leasehold estate in a whole building, or (e)is the occupier of Crown land that includes a building; and a reference in a provision of this By-law to an "owner"is to the owner in respect of the building that contains the designated room that is the subject of the provision; "permanent resident"means an individual who, in return for rent, occupies or usually occupies a room as his or her residence,and does so for at least 30 days; "rent"means money or other consideration an individual pays or gives or agrees to pay or give, once or periodically, to a person entitled to it in return for the right to occupy a room; "room"may include one or more connecting rooms, cooking facilities, or bathroom facilities used, intended to be used, or customarily used as one unit; and "transient guest"means a tourist, hosteller, or other individual who, in return for rent, occupies a room on a transient basis for business or pleasure, and not as his or her residence,and does so for fewer than 30 days. -2 - Page 171 of 748Page 134 of 281 Page 245 of 515 Table of contents 1.3 The table of contents for this By-law is for convenience of reference only, and is not for use in interpreting or enforcing this By-law. Schedules 1.4 Schedules A, B and C attached to this By-law form part of this By-law. Severability 1.5 A decision by a court that any part of this By-law is illegal, void, or unenforceable is not to affect the balance of the By-law. SECTION 2 APPLICATION OF BY-LAW AND DESIGNATION OF SINGLE ROOM ACCOMMODATION Application of By-law 2.1 This By-law applies to the downtown core, being the geographic area of the city bounded to the north by Burrard Inlet, to the west by the centre line of Burrard Street, to the south by False Creek and the centre line of Terminal Avenue, and to the east by the centre line of Clark Drive. Designation 2.2 For the purposes of this By-law, Council designates as single room accommodation every room in every building in the downtown core that bears the main civic address(es) set out in Column 1 of Schedule A, that is situate on one or more parcels of land bearing the legal description(s) set out in Column 2, that bears any secondary civic address(es) set out in Column 3, or that bears any name set out in Column 4. Notice of designation 2.3 Each owner must permanently post notice of the designation of rooms in a building in a conspicuous location at the front desk or in the lobby or public entrance of the building, and the notice must be in the form set out in Schedule B. SECTION 3 EXEMPTIONS Application for exemption 3.1 An owner may apply to Council for an exemption from this By-law for any of the following classes: -3 - Page 172 of 748Page 135 of 281 Page 246 of 515 (a)a building in which, from and after the enactment date of this By-law to the date of application for the exemption, all designated rooms consist of more than 320 square feet; (b)a designated room that, from and after the enactment date to the date of application for the exemption, consists of more than 320 square feet; (c)an owner, manager, or operator of a designated room that, from and after the enactment date to the date of application for the exemption, consists of more than 320 square feet. Exemption application requirements 3.2 An owner who wishes to claim an exemption under section 3.1 must give the Chief Housing Officer: (a)an application for the exemption in the form prescribed by the Chief Housing Officer; (b)an affidavit, sworn by the owner or, if the owner is a corporation, by a director of the corporation, setting out why the designated room qualifies for an exemption; (c)if the application is with respect to the size of a designated room or rooms, a certificate, prepared by a BC land surveyor, certifying the size of the room or rooms or other evidence of size satisfactory to Council;and (d)such other information as the Chief Housing Officer or Council may require or as the applicant may wish to submit. Exemption notice and inspection 3.3 An applicant for an exemption must allow a city inspector to inspect the building and designated rooms that are the subject of the application. Exemption approval 3.4 If the applicant satisfies Council that the class in respect of which the applicant has applied for an exemption meets the applicable requirements and conditions of exemption set out in section 3.1, Council must grant the exemption. Lapse of application for exemption 3.5 If, within 12 months after submission of the application, the applicant does not satisfy Council that the class in respect of which the applicant has applied for an exemption meets the applicable requirements and conditions of exemption set out in section 3.1, the application is to have no further force or effect. -4 - Page 173 of 748Page 136 of 281 Page 247 of 515 Application of exemption 3.6 An exemption approved by Council applies only so long as the requirements and conditions of exemption set out in section 3.1 continue to apply after the grant of the exemption. If any such requirements or conditions cease to apply, the exemption is to have no further force or effect. SECTION 4 CONVERSION OR DEMOLITION Regulation of conversion or demolition 4.1 A person must not: (a)seek issuance of any permit, for which that person has applied, under any city by-law in connection with the conversion or demolition of a designated room; (b)attempt to convert or demolish a designated room; or (c)convert or demolish a designated room; unless the owner: (d)obtains a conversion or demolition permit; (e)complies with this By-law; and (f)fulfils all conditions required prior to issuance of, or attached to, the conversion or demolition permit that Council requires the owner to fulfil before the issuance of any other permit. Application to Council for conversion or demolition permit 4.2 Subject to the provisions of section 4.3, an owner may apply to Council for a permit approving the conversion or demolition of a designated room. Application to Chief Housing Officer for conversion or demolition permit 4.3 Despite the provisions of section 4.2, an owner may apply to the Chief Housing Officer for a permit approving the conversion or demolition of a designated room if: (a)the applicant is a provider of social housing; (b)the conversion or demolition consists of upgrading a designated room to add bathroom and cooking facilities; (c)the designated room will be used as social housing after the conversion or demolition; and -5 - Page 174 of 748Page 137 of 281 Page 248 of 515 (d)the upgraded designated room is secured as social housing through a housing agreement registered on title to the satisfaction of the Director of Legal Services; or (e)the proposed conversion involves a conversion under (e) of the definition of “conversion” or “convert” in section 1.2. Conversion or demolition permit application requirements 4.4 An applicant for a conversion or demolition permit, pursuant to sections 4.2 or 4.3 must give the Chief Housing Officer: (a)an applicant for a conversion or demolition permit in the form prescribed by the Chief Housing Officer; (b)an affidavit, sworn by the owner or, if the owner is a corporation, by a director of the corporation, setting out why the owner wants to convert or demolish the designated room; (c)records including guest ledgers and rent rolls, for the then current calendar year and for the three immediately preceding calendar years, in respect of the designated room, as the Chief Housing Officer or Council may require; (d)such other information as the Chief Housing Officer or Council may require; (e)for an application pursuant to section 4.2, in addition to any application or other fee levied under any other city by-law, a non-refundable application fee of: (i)$1,000.00 in respect of the first 10 designated rooms, and (ii)$100.00 in respect of each additional designated room to a maximum of $6,000.00; and (f)for an application pursuant to section 4.3, in addition to any application or other fee levied under any other city by-law, a non-refundable application fee of: (i)$100.00 in respect of the first 10 designated rooms, and (i)$10.00 in respect of each additional designated room to a maximum of $600.00, Unless the proposed conversion only involves a conversion under (e) of the definition of “conversion” of “convert”, in which case no fee is payable. Conversion or demolition permit notice and inspection -6 - Page 175 of 748Page 138 of 281 Page 249 of 515 4.5 An applicant for a conversion or demolition permit, pursuant to sections 4.2 or 4.3 for a designated room must allow a city inspector to: (a)inspect the designated room; and (b)post a notice of the application in a conspicuous location at the front desk or in the lobby or public entrance of the building that contains the designated room. Consideration of conversion or demolition permit application 4.6 When deciding on an application for a conversion or demolition permit, Council or the Chief Housing Officer must consider the recent history of the land and building, and the use and occupancy of the building, that is the subject of the application. Issuance of conversion or demolition permit 4.7 Council or the Chief Housing Officer may: (a)require the owner to fulfil certain conditions before Council or the Chief Housing Officer approves the conversion or demolition permit, and issue the conversion or demolition permit only if the owner fulfills those conditions within 12 months after receiving notice of them; (b)issue the conversion or demolition permit but attach conditions to it; (c)issue the conversion or demolition permit; or (d)refuse to issue the conversion or demolition permit. Conversion or demolition permit conditions 4.8 In addition to the conditions set out in section 193D(5) of the Vancouver Charter, Council or the Chief Housing Officer may: (a)as a condition of approving a conversion or demolition permit for a designated room, require the owner to pay to the city, for deposit into a reserve fund for the provision of accommodation to replace the accommodation the owner intends to convert or demolish under the conversion or demolition permit, the amount of $125,000 for each designated room, but only if the designated room ceases to be a designated room and is otherwise not replaced by the owner; (b)as a condition of approving a conversion or demolition permit for a designated room, require the owner to enter into a heritage revitalization agreement with the city under section 592 of the Vancouver Charter or obtain a heritage alteration permit under section 597 of the Vancouver Charter; (c)as a condition of approving a conversion or demolition permit for a designated room, require the owner to grant the city a section 219 covenant securing, to the extent Council or the Chief Housing Officer considers necessary, the -7 - Page 176 of 748Page 139 of 281 Page 250 of 515 conditions attached to the conversion or demolition permit and the owner’s obligations to comply with such conditions; (d)as a condition of approving a conversion or demolition permit for a designated room, require the owner to execute and deliver to the city any instrument required by Council or the Chief Housing Officer as a condition of approving a conversion or demolition permit in form and substance satisfactory to the city’s Director of Legal Services, and register such instrument in the Vancouver/New Westminster Land Title Office against title to the parcel of land on which the designated room is situate with priority of registration satisfactory to the city’s Director of Legal Services; (e)as a condition attached to a conversion permit for a designated room, allow the owner to repair or alter the designated room or the improvements or fixtures in it, if the owner, to the satisfaction of and as required by Council or the Chief Housing Officer: (i)locates comparable or better accommodation at a comparable or lesser rent for the permanent resident of the designated room during the course of the repair or alteration, (ii)arranges for the re-location of the permanent resident to such comparable accommodation, and pays actual moving expenses, (iii)gives assurances that, after completion of the repair or alteration, the owner will rent the designated room to a permanent resident, and (iv)gives the permanent resident re-located under section 4.8(e)(ii) the first right of refusal to re-let his or her designated room from and after completion of the repair or alteration at the permanent resident’s contribution to the rent paid immediately before commencement of the repair or alteration, arranges for the return of the permanent resident to his or her designated room, and pays actual moving expenses; (f)as a condition attached to a conversion or demolition permit for a designated room, allow the demolition or conversion of the room so that it is no longer a designated room, if the owner, to the satisfaction of and as required by Council or the Chief Housing Officer: (i)locates comparable or better accommodation at a comparable or lesser rent for the permanent resident who is displaced, (ii)arranges for the re-location of the permanent resident to such comparable accommodation, and pays actual moving expenses, (iii)provides replacement housing for the designated room, and -8 - Page 177 of 748Page 140 of 281 Page 251 of 515 (iv)gives the permanent resident re-located under section 4.8 (f)(ii) the first right of refusal to rent the replacement rooms and pays actual moving expenses; (g)as a condition attached to a conversion or demolition permit for a designated room, allow the demolition or conversion of the room so that it is no longer a designated room, if the owner, to the satisfaction of and as required by Council or the Chief Housing Officer: (i)locates comparable or better accommodation at a comparable or lesser rent for the permanent resident who is displaced, (ii)arranges for the re-location of the permanent resident to such comparable accommodation, and pays actual moving expenses, and (iii)pays an amount specified in 4.8(a); (h)as a condition attached to a conversion or demolition permit for a designated room, require the owner to agree with the city, on terms and conditions satisfactory to the city’s Director of Legal Services, to allow city employees, from time to time and at any reasonable time, to enter the building containing the designated room to inspect the building and its rooms for compliance with this By-law. Effect of conversion or demolition permit 4.9 An owner who obtains a conversion or demolition permit for a designated room may convert or demolish the designated room only in accordance with: (a)the conversion or demolition permit and any conditions attached to it; (b)the requirements set out in any instrument or heritage alteration permit required under section 4.8 or other instrument required as a condition of issuance of, or condition attached, to the conversion or demolition permit; and (c)other by-laws of and permits issued by the city; unless Council or the Chief Housing Officer, under section 4.11, revokes the conversion or demolition permit. Validity of conversion or demolition permit 4.10 A conversion or demolition permit is valid for 12 months from the date of its issuance unless: (a)within that 12 month period, the permit holder has lawfully commenced the conversion or demolition authorized by the conversion or demolition permit, in which case the conversion or demolition permit is valid for 24 months from the date of its issuance; -9 - Page 178 of 748Page 141 of 281 Page 252 of 515 (b)within that 24 month period, the owner completes the conversion or demolition in compliance with the requirements of all city by-laws and permits for the work of the conversion or demolition; (c)Council or the Chief Housing Officer renews the conversion or demolition permit for 12 months or less as Council or the Chief Housing Officer considers reasonable in the circumstances; or (d)Council or the Chief Housing Officer, as a condition of issuing the conversion or demolition permit, establishes another period of time during which the conversion or demolition permit is to be valid. Revocation of conversion or demolition permit 4.11 If a person breaches a condition attached to a conversion or demolition permit for a designated room or if Council or the Chief Housing Officer issued the conversion or demolition permit on the basis of false, incorrect or misleading information, Council or the Chief Housing Officer may revoke the permit. Effect of revocation or expiry 4.12 If a conversion or demolition permit expires under section 4.10 or if Council or the Chief Housing Officer revokes a conversion or demolition permit, the permit is to have no further force or effect, and the permit holder must not do anything further under the authority of the permit. Other permits 4.13 Issuance of a conversion or demolition permit, with or without conditions, does not exempt an owner or other person from any requirement under any other city by-law to obtain development, building, or other permits in connection with the conversion or demolition of a designated room, and to pay all fees required under those by-laws. Accessory or amenity space 4.14 The definition of “conversion” or “convert” in section 1.2 does not include the provision of accessory or amenity space in the following circumstances and subject to the following conditions: (a)the Chief Housing Officer is satisfied that the accessory or amenity space is solely for the use or benefit of the permanent residents of the designated building, and consists of a use such as a kitchen, television room, medical room, or counselling office; (b)if required by the Chief Housing Officer, the owner executes and delivers to the city a section 219 covenant, securing the accessory or amenity space solely for the use or benefit of such permanent residents, in form and substance satisfactory to the city’s Director of Legal Services, and registers such covenant in the Vancouver/New Westminster Land Title Office against title to the parcel -10 - Page 179 of 748Page 142 of 281 Page 253 of 515 of land on which the designated building is situate with priority of registration satisfactory to the city’s Director of Legal Services; and (c)the number of rooms used, or renovated for use, for such purpose does not exceed 10% of all designated rooms in the building. Lapse of application for permit 4.15 If the owner does not fulfil the conditions referred to in section 4.7(a) within the later of 12 months after receiving notice of them and the date the development permit lapses or if Council or the Chief Housing Officer refuses to issue the conversion of demolition permit under section 4.7(d), the application for the permit is to have no further force or effect. SECTION 5 INSPECTIONS AND RECORDS Inspections 5.1 The Director of Licenses and Inspections may make or cause to be made all necessary inspections to ascertain whether the provisions of this By-law are being carried out, and to ascertain whether any person is committing an offence against this By-law. Maintenance of records 5.2 An owner must maintain within the building, for the then current calendar year and the three immediately preceding calendar years, records pertaining to each designated room including: (a)a room registration form, in the form attached to this By-law as Schedule C, completed for each occupant of each designated room; (b)property tax assessment records; (c)guest ledgers;and (d)rent receipts showing the room number, name of each permanent resident or transient guest, amount of rent, and period of time to which the rent payment applies. Inspection of records 5.3 An owner obliged, under section 5.2, to maintain records must, upon request, make those records available for inspection by the Director of Licenses and Inspections. -11 - Page 180 of 748Page 143 of 281 Page 254 of 515 SECTION 6 ENFORCEMENT Assignment of enforcement powers or duties 6.1 The Director of Licenses and Inspections is to enforce this By-law. Enforcement powers 6.2 The Director of Licenses and Inspections may order or direct a person to: (a)discontinue or refrain from proceeding with any work or using or occupying any land or building or doing anything that is in contravention of this By-law or any condition attached to a conversion or demolition permit; or (b)carry out any work or do anything to bring any land or building into conformity with this By-law, or into conformity with any conditions attached to a conversion or demolition permit. Delivery of order, direction, or notice 6.3 The Director of Licenses and Inspections may effectively deliver an order, direction, or notice by mailing it by registered post to the owner named in the records of the Assessment Authority of British Columbia at the address listed in those records, and the owner will be deemed to have received the order, direction, or notice within 48 hours after the date and time of mailing. Offences under By-law 6.4 A person who: (a)violates any provision of this By-law, or does any act or thing which violates any provision of this By-law, or suffers or allows any other person to do any act or thing which violates any provision of this By-law; (b)neglects to do or refrains from doing anything required to be done by any provision of this By-law; (c)fails to comply with an order, direction, or notice given under any provision of this By-law, or suffers or allows any other person to fail to comply with an order, direction, or notice given under any provision of this By-law; or (d)breaches, or suffers or allows the breach of, a condition attached to a conversion or demolition permit; is guilty of an offence against this By-law, and liable to the penalties imposed under this Section 6. -12 - Page 181 of 748Page 144 of 281 Page 255 of 515 Separate offences 6.5 An offence against this By-law in respect of more than one designated room is a separate offence in respect of each designated room. Fine for offence 6.6 Every person who commits an offence against this By-law is punishable on conviction by a fine of not less than $500.00 and not more than $10,000.00 for each offence. Fine for continuing offence 6.7 Every person who commits an offence of a continuing nature against this By-law is liable to a fine not less than $500.00 and not more than $10,000.00 for each day such offence continues. SECTION 7 FORCE AND EFFECT OF BY-LAW Force and effect 7.1 This By-law is to come into force and take effect on the date of its enactment. ENACTED by Council this 21st day of October, 2003 (Signed) "Larry W. Campbell" Mayor (Signed) "Syd Baxter" City Clerk -13 - Page 182 of 748Page 145 of 281 Page 256 of 515 SCHEDULE A COLUMN 1: MAIN CIVIC ADDRESS(ES) COLUMN 2: LEGAL DESCRIPTION COLUMN 3: SECONDARY CIVIC ADDRESS(ES) COLUMN 4: CURRENT NAME OF BUILDING 1 210 ABBOTT ST. PARCEL IDENTIFIER: 015-713-237 LOT 7 BLOCK 2 OLD GRANVILLE TOWNSITE PLAN 168 214 & 216 ABBOTT ST. DOMINION HOTEL 2 320 ABBOTT ST. PARCEL IDENTIFIER: 006-306-993 THE SOUTH 1/2 OF LOT 8 BLOCK 3 OLD GRANVILLE TOWNSITE PLAN 168 METROPOLE HOTEL 3 404 ABBOTT ST. PARCEL IDENTIFIER: 006-854-796 LOT 1 BLOCK 29 DISTRICT LOT 541 PLAN 210; PARCEL IDENTIFIER: 006-854-826 LOT 2 BLOCK 29 DISTRICT LOT 541 PLAN 210; PARCEL IDENTIFIER: 006-854-842 THE WEST 10 FEET OF LOT 3 BLOCK 29 DISTRICT LOT 541 PLAN 210 418, 402 & 420 ABBOTT ST.; 84 W HASTINGS ST. ABBOTT MANSIONS 4 455 ABBOTT ST. PARCEL IDENTIFIER: 007-826-991 LOT 22 BLOCK 28 DISTRICT LOT 541 PLAN 210; PARCEL IDENTIFIER:007-827-032 LOT 23 BLOCK 28 DISTRICT LOT 541 PLAN 210 LOTUS HOTEL 5 90 ALEXANDER ST. PARCEL IDENTIFIER: 015-705-455 LOT 9 BLOCK 2 DISTRICT LOT 196 PLAN 184; PARCEL IDENTIFIER: 015-705-471 LOT 10 BLOCK 2 DISTRICT LOT 196 PLAN 184; PARCEL IDENTIFIER: 015-705-544 LOT 11, EXCEPT PART IN REFERENCE PLAN 1441, BLOCK 2 DISTRICT LOT 196 PLAN 184. 103 COLUMBIA ST.; 91 & 99 POWELL ST. ALEXANDER RESIDENCE 6 313 ALEXANDER ST. PARCEL IDENTIFIER: 015-818-551 LOT 3 BLOCK 39 DISTRICT LOT 196 PLAN 196 KENWORTH ROOMS Page 183 of 748Page 146 of 281 Page 257 of 515 COLUMN 1: MAIN CIVIC ADDRESS(ES) COLUMN 2: LEGAL DESCRIPTION COLUMN 3: SECONDARY CIVIC ADDRESS(ES) COLUMN 4: CURRENT NAME OF BUILDING 7 362 ALEXANDER ST. PARCEL IDENTIFIER: 015-605-540 LOT 19 BLOCK 40 DISTRICT LOT 196 PLAN 196 SEAVIEW APARTMENTS 8 500 & 502 ALEXANDER ST. PARCEL IDENTIFIER: 015-602-923 LOT 1 BLOCK 42 DISTRICT LOT 196 PLAN 196; PARCEL IDENTIFIER: 015-602-931 LOT 2 BLOCK 42 DISTRICT LOT 196 PLAN 196 120 JACKSON AVE. INTERNATIONA L INN 9 504 ALEXANDER ST. PARCEL IDENTIFIER: 015-602-966 LOT 3 BLOCK 42 DISTRICT LOT 196 PLAN 196; PARCEL IDENTIFIER: 015-602-991 THE WEST 15 FEET OF LOT 4 BLOCK 42 DISTRICT LOT 196 PLAN 196 DECKER RESIDENCE 10 514 ALEXANDER ST. PARCEL IDENTIFIER: 015-603-130 LOT 8 BLOCK 42 DISTRICT LOT 196 PLAN 196 PHOENIX APARTMENTS 11 610 ALEXANDER ST. PARCEL IDENTIFIER: 015-598-136 LOT 2 BLOCK 43 DISTRICT LOT 196 PLAN 196; PARCEL IDENTIFIER: 015-598-144 LOT 3 BLOCK 43 DISTRICT LOT 196 PLAN 196 612 ALEXANDER ST. LAUREL APARTMENTS 12 658 ALEXANDER ST. PARCEL IDENTIFIER: 015-598-501 LOT 12 BLOCK 43 DISTRICT LOT 196 PLAN 196 STAR BEACH HAVEN 13 666 ALEXANDER ST. PARCEL IDENTIFIER: 015-598-560 LOT 14 BLOCK 43 DISTRICT LOT 196 PLAN 196 OCEAN ROOMS 14 58 ALEXANDER ST. PARCEL IDENTIFIER: 015-705-439 LOT 8 BLOCK 2 DISTRICT LOT 196 PLAN 184 59 POWELL ST. ALEXANDER RESIDENCE Page 184 of 748Page 147 of 281 Page 258 of 515 COLUMN 1: MAIN CIVIC ADDRESS(ES) COLUMN 2: LEGAL DESCRIPTION COLUMN 3: SECONDARY CIVIC ADDRESS(ES) COLUMN 4: CURRENT NAME OF BUILDING 15 310 ALEXANDER ST. PARCEL IDENTIFIER: 015-605-396 LOT 3 BLOCK 40 DISTRICT LOT 196 PLAN 196; PARCEL IDENTIFIER:015-605-400 LOT 4 BLOCK 40 DISTRICT LOT 196 PLAN 196; PARCEL IDENTIFIER:015-605-418 AMENDED LOT 5 (EXPLANATORY PLAN 3239) BLOCK 40 DISTRICT LOT 196 PLAN 196; PARCEL IDENTIFIER: 015-605-426 AMENDED LOT 6 (EXPLANATORY PLAN 3239) BLOCK 40 DISTRICT LOT 196 PLAN 196; PARCEL IDENTIFIER: 015-605-434 AMENDED LOT 7 (EXPLANATORY PLAN 3239) BLOCK 40 DISTRICT LOT 196 PLAN 196; PARCEL IDENTIFIER: 015-605-451 LOT 8 BLOCK 40 DISTRICT LOT 196 PLAN 196 320 ALEXANDER ST. VETERANS MEMORIAL MANOR 16 36 BLOOD ALLEY SQUARE PARCEL IDENTIFIER: 015-713-318 LOT 11, EXCEPT PORTIONS IN REFERENCE PLAN 1457 AND 11078 BLOCK 2 OLD GRANVILLE TOWNSITE PLAN 168; PARCEL IDENTIFIER: 015-713-326 LOT 12, EXCEPT PART IN REFERENCE PLAN 11078, BLOCK 2 OLD GRANVILLE TOWNSITE PLAN 168 PARCEL IDENTIFIER: 015- 713-334 LOT 13, EXCEPT PART IN REFERENCE PLAN 11078, BLOCK 2 OLD GRANVILLE TOWNSITE PLAN 168 ; PARCEL IDENTIFIER: 015-713-342 LOT 14, EXCEPT (A) THE EAST 26 FEET AND (B) PART IN REFERENCE PLAN 11078, BLOCK 2 OLD GRANVILLE TOWNSITE PLAN 168 30, 40, 44, 52 &60 BLOOD ALLEY SQUARE; 23, 25, 33, 41, 45, 47, 49 & 51 W CORDOVA ST. STANLEY/NEW FOUNTAIN Page 185 of 748Page 148 of 281 Page 259 of 515 COLUMN 1: MAIN CIVIC ADDRESS(ES) COLUMN 2: LEGAL DESCRIPTION COLUMN 3: SECONDARY CIVIC ADDRESS(ES) COLUMN 4: CURRENT NAME OF BUILDING 17 313 CAMBIE ST. PARCEL IDENTIFIER: 004-253-183 LOT A OF LOTS 10 AND 11 BLOCK 11 DISTRICT LOT 541 PLAN 218; PARCEL IDENTIFIER: 004-253-248 AMENDED LOT B (SEE175514L) OF LOTS 10 AND 11 BLOCK 11 DISTRICT LOT 541 PLAN 218 315, 317,319, 321, 323 & 325 CAMBIE ST. DANNY'S INN/ROOMS 18 322 CAMBIE ST. PARCEL IDENTIFIER: 011-747-684 THE SOUTH 25 FEET OF THE WEST 55 FEET OF LOT 8 BLOCK 4 OLD GRANVILLE TOWNSITE PLAN 168 324 CAMBIE ST. MEVILLE ROOMS 19 340 CAMBIE ST. PARCEL IDENTIFIER: 015-712-931 LOT D (REFERENCE PLAN 1645) OF LOTS 9 AND 10 BLOCK 4 OLD GRANVILLE TOWNSITE PLAN 168 GASTOWN HOSTEL 20 425 CAMPBELL AVE. PARCEL IDENTIFIER: 004-766-105 LOT C (REFERENCE PLAN 342) OF LOTS 21 AND 22 BLOCK 66 DISTRICT LOT 181 PLAN 196 427 & 429 CAMPBELL AVE. ST. ELMO HOTEL/ROOMS 21 204 CARRALL ST. PARCEL IDENTIFIER: 014-292-491 THE SOUTH 42 FEET OF LOT 27 BLOCK 7 DISTRICT LOT 196 PLAN 184 202 & 206 CARRALL ST. GLORY HOTEL 22 309 CARRALL ST. PARCEL IDENTIFIER: 007-665-610 THE EAST PART OF LOT 1 (REFERENCE PLAN 132) BLOCK 3 OLD GRANVILLE TOWNSITE PLAN 168 307, 313 & 315 CARRALL ST.; 2 & 6 W CORDOVA ST. RAINIER HOTEL 23 412 CARRALL ST. PARCEL IDENTIFIER: 003-545-725 LOT 1 BLOCK 13 DISTRICT LOT 196 PLAN 184 PENNSYLVANI A HOTEL 24 488 CARRALL ST. PARCEL IDENTIFIER: 010-870-679 LOT A BLOCK 13 DISTRICT LOT 196 PLAN 6567 WEST HOTEL Page 186 of 748Page 149 of 281 Page 260 of 515 COLUMN 1: MAIN CIVIC ADDRESS(ES) COLUMN 2: LEGAL DESCRIPTION COLUMN 3: SECONDARY CIVIC ADDRESS(ES) COLUMN 4: CURRENT NAME OF BUILDING 25 303 COLUMBIA ST. PARCEL IDENTIFIER: 015-691-241 LOT 16 BLOCK 8 DISTRICT LOT 196 PLAN 184; PARCEL IDENTIFIER: 015-691-276 LOT 17 BLOCK 8 DISTRICT LOT 196 PLAN 184 321 COLUMBIA ST. NEW COLUMBIA HOTEL 26 351 COLUMBIA ST. PARCEL IDENTIFIER: 005-320- 861, Lot 18 and Parcel Identifier: 014-950-219, Lot 19 and Parcel Identifier: 014-950-481, Lot 20, all of Block 8 District Lot 196 Plan 184 369 & 375 COLUMBIA ST. EVERGREEN ROOMS 27 412 COLUMBIA ST. PARCEL IDENTIFIER: 015-670-775 LOT A (REFERENCE PLAN 213) OF 27 BLOCK 12 DISTRICT LOT 196 PLAN 184. 100 E HASTINGS ST.; 410 COLUMBIA ST. COSY CORNER INN 28 414 COLUMBIA ST. PARCEL IDENTIFIER: 005-242-991 THE SOUTH 50 FEET OF LOT 27 BLOCK 12 DISTRICT LOT 196 PLAN 184; PARCEL IDENTIFIER:005-242-983 LOT 28 BLOCK 12 DISTRICT LOT 196 PLAN 184 416 & 420 COLUMBIA ST.; 106 E HASTINGS ST. YIN PING BENEVOLENT SOC. 29 42 E CORDOVA ST. PARCEL IDENTIFIER: 015-691-144 LOT 9 BLOCK 8 DISTRICT LOT 196 PLAN 184 CENTRAL RESIDENCE 30 50 E CORDOVA ST. PARCEL IDENTIFIER: 012-633-861 LOT 11 BLOCK 8 DISTRICT LOT 196 PLAN 184 52 E CORDOVA ST. WONDER ROOMS 31 54 E CORDOVA ST. PARCEL IDENTIFIER: 015-691-217 LOT 12 BLOCK 8 DISTRICT LOT 196 PLAN 184 56 E CORDOVA ST. CORDOVA'S RESIDENCE 32 100 E CORDOVA ST. PARCEL IDENTIFIER: 024-756-989 PARCEL B BLOCK 9 DISTRICT LOT 196 GROUP 1 NEW WESTMINSTER DISTRICT PLAN LMP45079 302 COLUMBIA ST. BRIDGE HOUSING 33 139 E CORDOVA ST. PARCEL IDENTIFIER: 004-410-785 LOT 15 BLOCK 6 DISTRICT LOT 196 PLAN 184 UNITED ROOMS Page 187 of 748Page 150 of 281 Page 261 of 515 COLUMN 1: MAIN CIVIC ADDRESS(ES) COLUMN 2: LEGAL DESCRIPTION COLUMN 3: SECONDARY CIVIC ADDRESS(ES) COLUMN 4: CURRENT NAME OF BUILDING 34 512 E CORDOVA ST. PARCEL IDENTIFIER: 015-584-216 LOT 3 BLOCK 58 DISTRICT LOT 196 PLAN 196 SMILEY'S ROOMS 35 9 W CORDOVA ST. PARCEL IDENTIFIER: 009-354-492 LOT B BLOCK 2 OLD GRANVILLE TOWNSITE PLAN 10753 1 W CORDOVA ST. BOULDER ROOMS 36 50 W CORDOVA ST. PARCEL IDENTIFIER: 015-713-067 LOT 5 BLOCK 3 OLD GRANVILLE TOWNSITE PLAN 168 HILDON HOTEL 37 57 W CORDOVA ST. PARCEL IDENTIFIER: 004-776-151 PARCEL A (REFERENCE PLAN 1457) OF LOT 11 BLOCK 2 OLD GRANVILLE TOWNSITE PLAN 168 TRAVELLER'S HOTEL 38 368 E CORDOVA ST. PARCEL IDENTIFIER: 007-630-671 LOT A BLOCK 56 DISTRICT LOT 196 PLAN 15730 CORDOVA HOUSE 39 420 E CORDOVA ST. PARCEL IDENTIFIER: 007-209-223 LOT B BLOCK 57 DISTRICT LOT 196 PLAN 18161 412 E CORDOVA ST. HUGH BIRD RESIDENCE 40 450 E CORDOVA ST. PARCEL IDENTIFIER:007-756-836 LOT A BLOCK 57 DISTRICT LOT 196 PLAN 14669 OPPENHEIMER LODGE 41 535 E CORDOVA ST. PARCEL IDENTIFIER: 007-584-466 LOT A BLOCK 53 DISTRICT LOT 196 PLAN 16055 ANTOINETTE LODGE 42 604 E CORDOVA ST. PARCEL IDENTIFIER: 023-179-732 PARCEL A DISTRICT LOT 196 GROUP 1 NEW WESTMINSTER DISTRICT PLAN LMP24681 616 E CORDOVA ST. UNION GOSPEL MISSION Page 188 of 748Page 151 of 281 Page 262 of 515 COLUMN 1: MAIN CIVIC ADDRESS(ES) COLUMN 2: LEGAL DESCRIPTION COLUMN 3: SECONDARY CIVIC ADDRESS(ES) COLUMN 4: CURRENT NAME OF BUILDING 43 124 DUNLEVY AVE. PARCEL IDENTIFIER: 015-589-277 LOT 1 BLOCK 41 DISTRICT LOT 196 PLAN 196; PARCEL IDENTIFIER: 015-589-285 LOT 2 BLOCK 41 DISTRICT LOT 196 PLAN 196; PARCEL IDENTIFIER: 015-589-293 LOT 3 BLOCK 41 DISTRICT LOT 196 PLAN 196; PARCEL IDENTIFIER: 015-589-307 LOT 4 BLOCK 41 DISTRICT LOT 196 PLAN 196; PARCEL IDENTIFIER: 015-589-315 LOT 5 BLOCK 41 DISTRICT LOT 196 PLAN 196;PARCEL IDENTIFIER: 015-589-331 LOT 6 BLOCK 41 DISTRICT LOT 196 PLAN 196 RODDAN LODGE 44 143 DUNLEVY AVE. PARCEL IDENTIFIER: 011-948-302 LOT 22 BLOCK 40 DISTRICT LOT 196 PLAN 196; PARCEL IDENTIFIER: 011-948-311 LOT 23 BLOCK 40 DISTRICT LOT 196 PLAN 196 131,135 & 139 DUNLEVY AVE.; 395, 397 & 399 POWELL ST. NEW WINGS HOTEL 45 500 DUNSMUIR ST. PARCEL IDENTIFIER: 015-471-594 LOT 37 BLOCK 44 DISTRICT LOT 541 PLAN 210; PARCEL IDENTIFIER: 015-471-608 LOT 38 BLOCK 44 DISTRICT LOT 541 PLAN 210 ;PARCEL IDENTIFIER: 015-471-616 LOT 39 BLOCK 44 DISTRICT LOT 541 PLAN 210; PARCEL IDENTIFIER: 015-471-624 LOT 40 BLOCK 44 DISTRICT LOT 541 PLAN 210 DUNSMUIR HOUSE 46 208 E GEORGIA ST. PARCEL IDENTIFIER: 015-644-278 LOT 1 BLOCK 20 DISTRICT LOT 196 PLAN 184; PARCEL IDENTIFIER: 015-644-286 LOT 2 BLOCK 20 DISTRICT LOT 196 PLAN 184 212 E GEORGIA ST; 700 MAIN ST. PACIFIC HOTEL Page 189 of 748Page 152 of 281 Page 263 of 515 COLUMN 1: MAIN CIVIC ADDRESS(ES) COLUMN 2: LEGAL DESCRIPTION COLUMN 3: SECONDARY CIVIC ADDRESS(ES) COLUMN 4: CURRENT NAME OF BUILDING 47 221 E GEORGIA ST. PARCEL IDENTIFIER: 015-662-128 LOT 12 BLOCK 17 DISTRICT LOT 196 PLAN 184 48 291 E GEORGIA ST. PARCEL IDENTIFIER: 015-258-904 LOT D OF LOTS 25 AND 26 BLOCK 17 DISTRICT LOT 196 PLAN 500 293 E GEORGIA ST. ARNO ROOMS 49 527 E GEORGIA ST. PARCEL IDENTIFIER: 015-145-638 LOT 26 BLOCK 85 DISTRICT LOT 196 PLAN 196; PARCEL IDENTIFIER: 015-145-654 LOT 27 BLOCK 85 DISTRICT LOT 196 PLAN 196 531 & 533 E GEORGIA ST. CATHAY LODGE 50 628 E GEORGIA ST. PARCEL IDENTIFIER: 003-492-745 LOT 6 BLOCK 91 DISTRICT LOT 196 PLAN 196 630 E GEORGIA ST. 51 634 E GEORGIA ST. PARCEL IDENTIFIER: 011-697-482 LOT 7 BLOCK 91 DISTRICT LOT 196 PLAN 196 GEORGIA ROOMS 52 1218 E GEORGIA ST. PARCEL IDENTIFIER: 014-596-601 THE EAST 1/2 OF LOT 2, EXCEPT THE SOUTH 10 FEET NOW LANE, OF LOT 19 BLOCK A DISTRICT LOT 182 PLAN 176 53 876 GRANVILLE ST. PARCEL IDENTIFIER: 025-444-638 LOT B BLOCK 63 DISTRICT LOT 541 GROUP 1 NEW WESTMINSTER DISTRICT PLAN BCP277 872 & 874 GRANVILLE ST. STATE HOTEL 54 936 GRANVILLE ST. PARCEL IDENTIFIER: 013-152-637 LOT 8 BLOCK 73 DISTRICT LOT 541 PLAN 210; PARCEL IDENTIFIER:013-152-645 LOT 9 BLOCK 73 DISTRICT LOT 541 PLAN 210 932 GRANVILLE ST. SIESTA ROOMS Page 190 of 748Page 153 of 281 Page 264 of 515 COLUMN 1: MAIN CIVIC ADDRESS(ES) COLUMN 2: LEGAL DESCRIPTION COLUMN 3: SECONDARY CIVIC ADDRESS(ES) COLUMN 4: CURRENT NAME OF BUILDING 55 1044 GRANVILLE ST. PARCEL IDENTIFIER: 015-486-559 LOT 8 BLOCK 83 DISTRICT LOT 541 PLAN 210; PARCEL IDENTIFIER: 015-486-567 LOT 9 BLOCK 83 DISTRICT LOT 541 PLAN 210 1046 & 1048 GRANVILLE ST. REGAL HOTEL 56 1060 GRANVILLE ST. PARCEL IDENTIFIER: 015-486-656 LOT 12 BLOCK 83 DISTRICT LOT 541 PLAN 210; PARCEL IDENTIFIER:015-486-672 LOT 13 BLOCK 83 DISTRICT LOT 541 PLAN 210 1062 GRANVILLE ST. VOGUE HOTEL 57 1125 GRANVILLE ST. PARCEL IDENTIFIER: 003-533-476 LOT 33 BLOCK 92 DISTRICT LOT 541 PLAN 210; PARCEL IDENTIFIER:003-533-484 LOT 34 BLOCK 92 DISTRICT LOT 541 PLAN 210 1127 GRANVILLE ST. HOTEL CLIFTON 58 1161 GRANVILLE ST. PARCEL IDENTIFIER: 012-594-229 LOT 26 BLOCK 92 DISTRICT LOT 541 PLAN 210; PARCEL IDENTIFIER: 012-594-237 LOT 27 BLOCK 92 DISTRICT LOT 541 PLAN 210 1163 GRANVILLE ST. ST. HELEN'S HOTEL 59 1261 GRANVILLE ST. PARCEL IDENTIFIER: 015-476-120 LOT 26 BLOCK 102 DISTRICT LOT 541 PLAN 210; PARCEL IDENTIFIER: 015-476-197 LOT 27 BLOCK 102 DISTRICT LOT 541 PLAN 210 1259 & 1263 GRANVILLE ST. GRANVILLE HOTEL 60 1300 GRANVILLE ST. PARCEL IDENTIFIER: 009-533-419 LOT 1 BLOCK 113 DISTRICT LOT 541 PLAN 210; PARCEL IDENTIFIER: 009-533-427 LOT 2 BLOCK 113 DISTRICT LOT 541 PLAN 210 YALE HOTEL 61 553 HAMILTON ST. PARCEL IDENTIFIER: 015-488-098 LOT 18 BLOCK 36 DISTRICT LOT 541 PLAN 210 555 HAMILTON ST. DEL MAR HOTEL Page 191 of 748Page 154 of 281 Page 265 of 515 COLUMN 1: MAIN CIVIC ADDRESS(ES) COLUMN 2: LEGAL DESCRIPTION COLUMN 3: SECONDARY CIVIC ADDRESS(ES) COLUMN 4: CURRENT NAME OF BUILDING 62 25 E HASTINGS ST. PARCEL IDENTIFIER: 015-691-331 LOT 29 BLOCK 8 DISTRICT LOT 196 PLAN 184; PARCEL IDENTIFIER:015-691-357 LOT 30 BLOCK 8 DISTRICT LOT 196 PLAN 184 NEW DODSON HOTEL 63 41 E HASTINGS ST. PARCEL IDENTIFIER: 015-691-284 LOT 25 BLOCK 8 DISTRICT LOT 196 PLAN 184; PARCEL IDENTIFIER: 015-691-292 LOT 26 BLOCK 8 DISTRICT LOT 196 PLAN 184; PARCEL IDENTIFIER: 015-691-314 LOT 27 BLOCK 8 DISTRICT LOT 196 PLAN 184 39 & 49 E HASTINGS ST. UNIVERSAL ROOMS 64 52 E HASTINGS ST. PARCEL IDENTIFIER: 023-332-891 LOT F DISTRICT LOT 196 GROUP 1 NEW WESTMINSTER DISTRICT PLAN LMP27049; PARCEL IDENTIFIER: 015-669-467 LOT 12 BLOCK 13 DISTRICT LOT 196 PL 184 56, 58 & 60 E HASTINGS ST. SHALDON HOTEL 65 101 E HASTINGS ST. PARCEL IDENTIFIER: 007-252-897 LOT 25 BLOCK 9 DISTRICT LOT 196 PLAN 184; PARCEL IDENTIFIER: 007-252-927 LOT 26 BLOCK 9 DISTRICT LOT 196 PLAN 184 360 COLUMBIA ST. SUNRISE HOTEL 66 103 E HASTINGS ST. PARCEL IDENTIFIER: 010-184-414 AMENDED LOT 24 (SEE 67956K) BLOCK 9 DISTRICT LOT 196 PLAN 184 105 E HASTINGS ST. HASTINGS ROOMS 67 122 E HASTINGS ST. PARCEL IDENTIFIER: 004-440-765 LOT 31 BLOCK 12 DISTRICT LOT 196 PLAN 184; PARCEL IDENTIFIER: 004-440-773 LOT 32 BLOCK 12 DISTRICT LOT 196 PLAN 184 BRANDIZ HOTEL Page 192 of 748Page 155 of 281 Page 266 of 515 COLUMN 1: MAIN CIVIC ADDRESS(ES) COLUMN 2: LEGAL DESCRIPTION COLUMN 3: SECONDARY CIVIC ADDRESS(ES) COLUMN 4: CURRENT NAME OF BUILDING 68 137 E HASTINGS ST. PARCEL IDENTIFIER: 015-686- 647 LOT 18 BLOCK 9 DISTRICT LOT 196 PLAN 184; PARCEL IDENTIFIER: 015-686-078 LOT 19 BLOCK 9 DISTRICT LOT 196 PLAN 184 139 E HASTINGS ST. WEST INN 69 159 E HASTINGS ST. PARCEL IDENTIFIER: 015-686-531 THE WEST 0.5 FEET OF LOT 13 BLOCK 9 DISTRICT LOT 196 PLAN 184; PARCEL IDENTIFIER: 015-685-926 LOT 14 BLOCK 9 DISTRICT LOT 196 PLAN 184; PARCEL IDENTIFIER: 015-685-951 LOT 15 BLOCK 9 DISTRICT LOT 196 PLAN 184 BALMORAL HOTEL 70 160 E HASTINGS ST. PARCEL IDENTIFIER: 013-263-072 LOT 39 BLOCK 12 DISTRICT LOT 196 PLAN 184; PARCEL IDENTIFIER: 013-263-111 LOT 40 BLOCK 12 DISTRICT LOT 196 PLAN 184 REGENT HOTEL 71 166 E HASTINGS ST. PARCEL IDENTIFIER: 004-568-273 LOT 42 BLOCK 12 DISTRICT LOT 196 PLAN 184 ROOSEVELT HOTEL 72 177 E HASTINGS ST. PARCEL IDENTIFIER: 015-685-730 LOT 11 BLOCK 9 DISTRICT LOT 196 PLAN 184 179 E HASTINGS ST. WASHINGTON HOTEL 73 235 E HASTINGS ST. PARCEL IDENTIFIER: 015-684-091 LOT 11 BLOCK 10 DISTRICT LOT 196 PLAN 184 EMPRESS HOTEL 74 237 E HASTINGS ST. PARCEL IDENTIFIER: 014-892-553 LOT 12 BLOCK 10 DISTRICT LOT 196 PLAN 184 PHOENIX HOTEL 75 239 E HASTINGS ST. PARCEL IDENTIFIER: 015-684-105 LOT 13 BLOCK 10 DISTRICT LOT 196 PLAN 184 241 E HASTINGS ST. BELMONT HOTEL/ROOMS 76 242 E HASTINGS ST. PARCEL IDENTIFIER: 011-692-103 LOT 32 BLOCK 11 DISTRICT LOT 196 PLAN 184 244 E HASTINGS ST. MT EVEREST ROOMS Page 193 of 748Page 156 of 281 Page 267 of 515 COLUMN 1: MAIN CIVIC ADDRESS(ES) COLUMN 2: LEGAL DESCRIPTION COLUMN 3: SECONDARY CIVIC ADDRESS(ES) COLUMN 4: CURRENT NAME OF BUILDING 77 249 E HASTINGS ST. PARCEL IDENTIFIER: 015-684-121 LOT 15 BLOCK 10 DISTRICT LOT 196 PLAN 184 251 E HASTINGS ST. AFTON HOTEL ROOMS 78 258 E HASTINGS ST. PARCEL IDENTIFIER: 015-679-926 LOT 29 BLOCK 11 DISTRICT LOT 196 PLAN 184 260 E HASTINGS ST. SAVOY HOTEL 79 261 E HASTINGS ST. PARCEL IDENTIFIER: 002-860-210 LOT 18 BLOCK 10 DISTRICT LOT 196 PLAN 184; PARCEL IDENTIFIER: 002-860-368 LOT 19 BLOCK 10 DISTRICT LOT 196 PLAN 184 263 & 265 E HASTINGS ST. WALTON HOTEL 80 341 E HASTINGS ST. PARCEL IDENTIFIER: 015-584-771 LOT 28 BLOCK 56 DISTRICT LOT 196 PLAN 196 343 E HASTINGS ST. SUNWEST HOTEL 81 344 E HASTINGS ST. PARCEL IDENTIFIER: 015-577-015 LOT 9 BLOCK 71 DISTRICT LOT 196 PLAN 196; PARCEL IDENTIFIER: 015-577-023 LOT 10 BLOCK 71 DISTRICT LOT 196 PLAN 196 342 & 346 E HASTINGS ST. HAZELWOOD HOTEL 82 367 E HASTINGS ST. PARCEL IDENTIFIER: 011-177-225 LOT 23 BLOCK 56 DISTRICT LOT 196 PLAN 196 369 E HASTINGS ST. HOLBORN HOTEL 83 389 E HASTINGS ST. PARCEL IDENTIFIER: 015-584-721 LOT 19 BLOCK 56 DISTRICT LOT 196 PLAN 196 84 403 E HASTINGS ST. PARCEL IDENTIFIER: 012-175-030 LOT 30 BLOCK 57 DISTRICT LOT 196 PLAN 196; PARCEL IDENTIFIER: 012-175-048 LOT 31 BLOCK 57 DISTRICT LOT 196 PLAN 196; PARCEL IDENTIFIER: 012-175-056 LOT 32 BLOCK 57 DISTRICT LOT 196 PLAN 196 PATRICIA HOTEL 85 456 E HASTINGS ST. PARCEL IDENTIFIER: 015-578-054 LOT 11 BLOCK 70 DISTRICT LOT 196 PLAN 196 ORWELL HOTEL Page 194 of 748Page 157 of 281 Page 268 of 515 COLUMN 1: MAIN CIVIC ADDRESS(ES) COLUMN 2: LEGAL DESCRIPTION COLUMN 3: SECONDARY CIVIC ADDRESS(ES) COLUMN 4: CURRENT NAME OF BUILDING 86 561 E HASTINGS ST. PARCEL IDENTIFIER: 015-584-267 LOT 20 BLOCK 58 DISTRICT LOT 196 PLAN 196 563 E HASTINGS ST. PATRICK ANTHONY RESIDENCE 87 375 PRINCESS AVE. PARCEL IDENTIFIER: 015-584-232 LOT 17 BLOCK 58 DISTRICT LOT 196 PLAN 196; PARCEL IDENTIFIER: 015-584-241 LOT 18 BLOCK 58 DISTRICT LOT 196 PLAN 196 573 & 577 E HASTINGS ST.; 335 PRINCESS AVE. CARL ROOMS 88 635 E HASTINGS ST. PARCEL IDENTIFIER: 007-955-014 LOT 26 BLOCK 59 DISTRICT LOT 196 PLAN 196 637 E HASTINGS ST. SHAMROCK HOTEL 89 769 E HASTINGS ST. PARCEL IDENTIFIER: 012-331-791 LOT 26 BLOCK 60 DISTRICT LOT 181 PLAN 196; PARCEL IDENTIFIER: 012-331-813 LOT 27 BLOCK 60 DISTRICT LOT 181 PLAN 196 ASTORIA HOTEL 90 786 E HASTINGS ST. PARCEL IDENTIFIER: 014-230-810 LOT 17 BLOCK 67 DISTRICT LOT 181 PLAN 196; PARCEL IDENTIFIER: 014-230-844 LOT 18 BLOCK 67 DISTRICT LOT 181 PLAN 196 782 & 784 E HASTINGS ST. WOODBINE HOTEL 91 872 E HASTINGS ST. PARCEL IDENTIFIER: 015-577-937 LOT 15 BLOCK 66 DISTRICT LOT 181 PLAN 196 92 1168 E HASTINGS ST. PARCEL IDENTIFIER: 007-763-301 LOT 14 BLOCK 14 OF BLOCK A DISTRICT LOT 182 PLAN 355 VERNON APARTMENTS 93 1190 E HASTINGS ST. PARCEL IDENTIFIER: 009-103-732 LOT 17 BLOCK 14 OF BLOCK A DISTRICT LOT 182 PLAN 355 1192 E HASTINGS ST.; 403, 405 & 407 VERNON DR. ST. CLAIR NO. 2 94 5 W HASTINGS ST. PARCEL IDENTIFIER: 014-235-234 THE EAST 26 FEET OF LOT 16 BLOCK 3 OLD GRANVILLE TOWNSITE PLAN 168 CANADIAN NORTH STAR Page 195 of 748Page 158 of 281 Page 269 of 515 COLUMN 1: MAIN CIVIC ADDRESS(ES) COLUMN 2: LEGAL DESCRIPTION COLUMN 3: SECONDARY CIVIC ADDRESS(ES) COLUMN 4: CURRENT NAME OF BUILDING 95 7 W HASTINGS ST. PARCEL IDENTIFIER: 015-713-164 LOT 16, EXCEPT THE EAST 26 FEET, BLOCK 3 OLD GRANVILLE TOWNSITE PLAN 168 9 & 11 W HASTINGS ST. BEACON HOTEL 96 18 W HASTINGS ST. PARCEL IDENTIFIER: 015-650-944 LOT 15, EXCEPT PART IN REFERENCE PLAN 895A, BLOCK 29 DISTRICT LOT 541 PLAN 210 16 W HASTINGS ST. BURNS BLOCK 97 20 W HASTINGS ST. PARCEL IDENTIFIER: 023-051-442 LOT K BLOCK 29 DISTRICT LOT 541 GROUP 1 NEW WESTMINSTER DISTRICT PLAN LMP22692 30 W HASTINGS ST. NEW PORTLAND HOTEL 98 29 W HASTINGS ST. PARCEL IDENTIFIER: 011-882- 093 LOT C OF LOTS 13, 14 AND 15 BLOCK 3 OLD GRANVILLE TOWNSITE PLAN 1193 31 W HASTINGS ST. COSMOPOLITA N HOTEL 99 33 W HASTINGS ST. PARCEL IDENTIFIER: 011-698-641 LOT B OF LOTS 13 TO 15 BLOCK 3 OLD GRANVILLE TOWNSITE PLAN 1193 CHELSEA INN 100 35 W HASTINGS ST. PARCEL IDENTIFIER: 014-879- 697 LOT A OF LOTS 13 TO 15 BLOCK 3 OLD GRANVILLE TOWNSITE PLAN 1193 37 W HASTINGS ST. PALACE HOTEL 101 74 W HASTINGS ST. PARCEL IDENTIFIER: 015-499- 871 LOT 3,EXCEPT THE WEST 10 FEET, BLOCK 29 DISTRICT LOT 541 PLAN 210; PARCEL IDENTIFIER: 015-499-855 LOT 4 BLOCK 29 DISTRICT LOT 541 PLAN 210 78 W HASTINGS ST. GRAND UNION HOTEL 102 106 W HASTINGS ST. PARCEL IDENTIFIER: 003-414- 825 THE EAST 24.5 FEET OF LOT 20 BLOCK 28 DISTRICT LOT 541 PLAN 210; PARCEL IDENTIFIER: 003-413-209 LOT 21 BLOCK 28 DISTRICT LOT 541 PLAN 210 100, 102 & 104 W HASTINGS ST.; 415, 419, 421, 423 & 435 ABBOTT ST. ARGYLE HOTEL/ARGYL E HOUSE Page 196 of 748Page 159 of 281 Page 270 of 515 COLUMN 1: MAIN CIVIC ADDRESS(ES) COLUMN 2: LEGAL DESCRIPTION COLUMN 3: SECONDARY CIVIC ADDRESS(ES) COLUMN 4: CURRENT NAME OF BUILDING 103 116 W HASTINGS ST. PARCEL IDENTIFIER: 009-180- 061 LOT 16 BLOCK 28 DISTRICT LOT 541 PLAN 210; PARCEL IDENTIFICATION: 009-180-079 LOT 17 BLOCK 28 DISTRICT LOT 541 PLAN 210 118 & 120 W HASTINGS ST. GOLDEN CROWN HOTEL 104 404 HAWKS ST. PARCEL IDENTIFIER: 015-577- 686 THE NORTH 1/2 OF LOT 1 BLOCK 66 DISTRICT LOT 181 PLAN 196; PARCEL IDENTIFIER: 015-577-783 THE NORTH 1/2 OF LOT 2 BLOCK 66 DISTRICT LOT 181 PLAN 196 800 & 802 E HASTINGS ST. RICE BLOCK 105 420 HAWKS ST. PARCEL IDENTIFIER: 015-577- 791 THE SOUTH 1/2 OF LOT 1 BLOCK 66 DISTRICT LOT 181 PLAN 196; PARCEL IDENTIFIER: 015-577-813 THE SOUTH 1/2 OF LOT 2 BLOCK 66 DISTRICT LOT 181 PLAN 196 106 209 HEATLEY ST. PARCEL IDENTIFIER:015-587-142 LOT 15 BLOCK 52 DISTRICT LOT 196 PLAN 196; PARCEL IDENTIFIER:015-587-169 LOT 16 BLOCK 52 DISTRICT LOT 196 PLAN 196 686 POWELL ST. HARBOURFRON T HOSTEL 107 407 & 417 HEATLEY AVE. ; 684 E HASTINGS ST. PARCEL IDENTIFIER: 015-576- 493 LOT 14 BLOCK 68 DISTRICT LOT 196 PLAN 196; PARCEL IDENTIFIER:015-576-507 LOT 15 BLOCK 68 DISTRICT LOT 196 PLAN 196; PARCEL IDENTIFIER: 015-576-515 LOT 16 BLOCK 68 DISTRICT LOT 196 PLAN 196 688, 692, 694 & 696 E HASTINGS ST.; 409 & 419 HEATLEY AVE. HEATLEY APARTMENTS 108 1119 HORNBY ST. PARCEL IDENTIFIER: 008-192- 235 LOT 34 BLOCK 90 DISTRICT LOT 541 PLAN 210; PARCEL IDENTIFIER: 008-192-243 LOT 35 BLOCK 90 DISTRICT LOT 541 PLAN 210 1117 HORNBY ST. MURRAY HOTEL Page 197 of 748Page 160 of 281 Page 271 of 515 COLUMN 1: MAIN CIVIC ADDRESS(ES) COLUMN 2: LEGAL DESCRIPTION COLUMN 3: SECONDARY CIVIC ADDRESS(ES) COLUMN 4: CURRENT NAME OF BUILDING 109 306 JACKSON AVE. PARCEL IDENTIFIER: 006-584- 969 LOT C BLOCK 58 DISTRICT LOT 196 PLAN 20525 322 JACKSON AVE.; 500 & 508 E CORDOVA ST. B.C. ROOMS/JACKS ON ROOMS 110 218 KEEFER ST. PARCEL IDENTIFIER: 006-034- 195 LOT 41 BLOCK 17 DISTRICT LOT 196 PLAN 184 222 KEEFER ST. KEEFER ROOMS 111 240 KEEFER ST. PARCEL IDENTIFIER: 006-915- 566 LOT 38 BLOCK 17 DISTRICT LOT 196 PLAN 184 LUNG JEN BENEVOLENT 112 542 KEEFER ST. PARCEL IDENTIFIER: 015-565- 360 LOT 9 BLOCK 85 DISTRICT LOT 196 PLAN 196 113 558 KEEFER ST. PARCEL IDENTIFIER: 015-565- 459 LOT 12 BLOCK 85 DISTRICT LOT 196 PLAN 196 560 KEEFER ST. KEEFER LODGE 114 727 KEEFER ST. PARCEL IDENTIFIER: 015-576- 337 LOT 35 BLOCK 76 DISTRICT LOT 181 PLAN 196 115 812 KEEFER ST. PARCEL IDENTIFIER: 004-262- 794 LOT 3 BLOCK 82 DISTRICT LOT 181 PLAN 196 116 117 MAIN ST. PARCEL IDENTIFIER: 004-207- 882 LOT 4 BLOCK 3 DISTRICT LOT 196 PLAN 184 119 MAIN ST. MAIN HOTEL/ROOMS 117 205 MAIN ST. PARCEL IDENTIFIER: 008-547- 009 LOT 1 BLOCK 6 DISTRICT LOT 196 PLAN 184; PARCEL IDENTIFIER: 008-547-017 LOT 2 BLOCK 6 DISTRICT LOT 196 PLAN 184 203 MAIN ST. NO. 5 ORANGE 118 235 MAIN ST. PARCEL IDENTIFIER: 015-697- 266 LOT 7 BLOCK 6 DISTRICT LOT 196 PLAN 184; PARCEL IDENTIFIER: 006-934-161 LOT 8 BLOCK 6 DISTRICT LOT 196 PLAN 184 233, 237 & 239 MAIN ST. JUBILEE ROOMS 119 172 E. CORDOVA ST. PARCEL IDENTIFIER: 002-442- 442 LOT 1 BLOCK 9 DISTRICT LOT 196 PLAN 184 305 MAIN ST.; E CORDOVA ST. JAY ROOMS Page 198 of 748Page 161 of 281 Page 272 of 515 COLUMN 1: MAIN CIVIC ADDRESS(ES) COLUMN 2: LEGAL DESCRIPTION COLUMN 3: SECONDARY CIVIC ADDRESS(ES) COLUMN 4: CURRENT NAME OF BUILDING 120 307 MAIN ST. PARCEL IDENTIFIER: 015-685- 390 LOT 2 BLOCK 9 DISTRICT LOT 196 PLAN 184 309 & 311 MAIN ST. VET'S ROOMS 121 507 MAIN ST. PARCEL IDENTIFIER: 015-666- 425 LOT 3 BLOCK 15 DISTRICT LOT 196 PLAN 184; PARCEL IDENTIFIER: 015-666-778 THE SOUTH 1 FOOT OF LOT 2 (REFERENCE PLAN 761) BLOCK 15 DISTRICT LOT 196 PLAN 184 509 MAIN ST. PACIFIC ROOMS 122 796 MAIN ST. PARCEL IDENTIFIER: 015-644- 316 LOT 10 BLOCK 20 DISTRICT LOT 196 PLAN 184 CREEKSIDE STUDENTS RESIDENCES 123 917 MAIN ST. PARCEL IDENTIFIER: 015-642-623 LOT 2 BLOCK 23 DISTRICT LOT 196 PLAN 184; PARCEL IDENTIFIER: 015-642-631 LOT 3 BLOCK 23 DISTRICT LOT 196 PLAN 184; PARCEL IDENTIFIER: 015-642-640 LOT 4 BLOCK 23 DISTRICT LOT 196 PLAN 184 915 MAIN ST. COBALT HOTEL 124 928 MAIN ST. PARCEL IDENTIFIER: 014-568-845 LOT 6 BLOCK 24 DISTRICT LOT 196 PLAN 184; PARCEL IDENTIFIER: 014-568-853 LOT 7 BLOCK 24 DISTRICT LOT 196 PLAN 184; PARCEL IDENTIFIER: 014-568-888 THE NORTH 1.5 FEET OF THE EAST 49.42 FEET OF LOT 8 (REFERENCE PLAN 516A) BLOCK 24 DISTRICT LOT 196 PLAN 184 930 MAIN ST. OLD AMERICAN HOTEL 125 956 MAIN ST. PARCEL IDENTIFIER: 004-284- 968 LOT 12 BLOCK 24 DISTRICT LOT 196 PLAN 184 958 MAIN ST. THORTON PARK HOTEL 126 1012 MAIN ST. PARCEL IDENTIFIER: 015-642- 488 LOT 18 BLOCK 24 DISTRICT LOT 196 PLAN 184 1014 MAIN ST. STATION HOTEL Page 199 of 748Page 162 of 281 Page 273 of 515 COLUMN 1: MAIN CIVIC ADDRESS(ES) COLUMN 2: LEGAL DESCRIPTION COLUMN 3: SECONDARY CIVIC ADDRESS(ES) COLUMN 4: CURRENT NAME OF BUILDING 127 1038 MAIN ST. PARCEL IDENTIFIER: 007-603- 916 LOT 22 BLOCK 24 DISTRICT LOT 196 PLAN 184; PARCEL IDENTIFIER: 007-603-932 LOT 23 BLOCK 24 DISTRICT LOT 196 PLAN 184; PARCEL IDENTIFIER: 007-603-967 LOT 24 BLOCK 24 DISTRICT LOT 196 PLAN 184 IVANHOE HOTEL 128 100 E PENDER ST. PARCEL IDENTIFIER: 015-666- 603 LOT 24 BLOCK 15 DISTRICT LOT 196 PLAN 184 102 E PENDER ST. NEW SUN AH HOTEL 129 110 E PENDER ST. PARCEL IDENTIFIER: 015-666- 611 LOT 26 BLOCK 15 DISTRICT LOT 196 PLAN 184; PARCEL IDENTIFIER: 015-666-808 LOT 27 EXCEPT PART IN REFERENCE PLAN 450, BLOCK 15 DISTRICT LOT 196 PLAN 184 112 & 116 E PENDER ST. Chinese Freemasons 130 137 E PENDER ST. PARCEL IDENTIFIER: 015-670-554 LOT 15 BLOCK 12 DISTRICT LOT 196 PLAN 184 139 E PENDER ST. ASIA HOTEL 131 228 E PENDER ST. PARCEL IDENTIFIER: 015-664-171 LOT 37 BLOCK 16 DISTRICT LOT 196 PLAN 184 230 E PENDER ST. 132 258 E PENDER ST. PARCEL IDENTIFIER: 015-664-023 LOT 30 BLOCK 16 DISTRICT LOT 196 PLAN 184; PARCEL IDENTIFIER: 015-664-040 LOT 31 BLOCK 16 DISTRICT LOT 196 PLAN 184 ; PARCEL IDENTIFIER: 015-664-066 LOT 32 BLOCK 16 DISTRICT LOT 196 PLAN 184 254, 256, 260,& 262 E PENDER ST. MAY WAH HOTEL 133 300 E PENDER ST. PARCEL IDENTIFIER: 008-706-212 LOT A BLOCK 122 DISTRICT LOT 196 PLAN 13208 CHINA VILLA Page 200 of 748Page 163 of 281 Page 274 of 515 COLUMN 1: MAIN CIVIC ADDRESS(ES) COLUMN 2: LEGAL DESCRIPTION COLUMN 3: SECONDARY CIVIC ADDRESS(ES) COLUMN 4: CURRENT NAME OF BUILDING 134 349 E PENDER ST. PARCEL IDENTIFIER: 006-688-381 LOT 21 BLOCK 71 DISTRICT LOT 196 PLAN 196; PARCEL IDENTIFIER: 006-688-462 THE EAST 1/2 OF LOT 22 BLOCK 71 DISTRICT LOT 196 PLAN 196; PARCEL IDENTIFIER: 014-685-396 THE WEST 1/2 OF LOT 22 BLOCK 71 DISTRICT LOT 196 PLAN 196 359 E PENDER ST. 135 431 E PENDER ST. PARCEL IDENTIFIER: 015-578-771 LOT 26 BLOCK 70 DISTRICT LOT 196 PLAN 196 PINE CRANE VILLA 136 575 E PENDER ST. PARCEL IDENTIFIER: 015-677-311 LOT 19 BLOCK 69 DISTRICT LOT 196 PLAN 196 577 E PENDER ST. ARLINGTON ROOMS 137 832 E PENDER ST. PARCEL IDENTIFIER: 015-574-091 LOT 7 BLOCK 77 DISTRICT LOT 181 PLAN 196 836 E PENDER ST. HAM APARTMENTS 138 853 E PENDER ST. PARCEL IDENTIFIER: 015-578-402 LOT 29 BLOCK 66 DISTRICT LOT 181 PLAN 196; PARCEL IDENTIFIER: 015-578-411 LOT 30 BLOCK 66 DISTRICT LOT 181 PLAN 196; PARCEL IDENTIFIER: 015-578-429 LOT 31 BLOCK 66 DISTRICT LOT 181 PLAN 196; PARCEL IDENTIFIER:015-578-437 LOT 32 BLOCK 66 DISTRICT LOT 181 PLAN 196; PARCEL IDENTIFIER: 015-578-453 LOT 33 BLOCK 66 DISTRICT LOT 181 PLAN 196; PARCEL IDENTIFIER: 015-578-461 LOT 34 BLOCK 66 DISTRICT LOT 181 PLAN 196 ROSE GARDEN CO-OP 139 31 W PENDER ST. PARCEL IDENTIFIER: 009-432-736 LOT B (SEE 363856L)OF LOT 31 BLOCK 29 DISTRICT LOT 541 PLAN 210 PENDER HOTEL Page 201 of 748Page 164 of 281 Page 275 of 515 COLUMN 1: MAIN CIVIC ADDRESS(ES) COLUMN 2: LEGAL DESCRIPTION COLUMN 3: SECONDARY CIVIC ADDRESS(ES) COLUMN 4: CURRENT NAME OF BUILDING 140 81 W PENDER ST. PARCEL IDENTIFIER: 006-116-540 LOT 39 BLOCK 29 DISTRICT LOT 541 PLAN 210 83 W PENDER ST. ARCO HOTEL 141 165 W PENDER ST. PARCEL IDENTIFIER: 010-401-113 LOT 34 BLOCK 28 DISTRICT LOT 541 PLAN 210; PARCEL IDENTIFIER: 010-401-130 LOT 35 BLOCK 28 DISTRICT LOT 541 PLAN 210; PARCEL IDENTIFIER: 015-501-922, LOT 36 BLOCK 28 DISTRICT LOT 541 PLAN 210 163 & 167 W PENDER ST., 175 W. PENDER ST. AVALON HOTEL / ROOMS 142 429 W PENDER ST. PARCEL IDENTIFIER: 003-122-620 LOT 16 BLOCK 25 DISTRICT LOT 541 PLAN 210 433 W PENDER ST. PARK HOTEL APARTMENTS 143 620 W PENDER ST. PARCEL IDENTIFIER: 009-123-636 LOT 7 BLOCK 33 DISTRICT LOT 541 PLAN 210 622 W PENDER ST. PENDER PLACE HOTEL 144 43 POWELL ST. PARCEL IDENTIFIER: 006-926-908 LOT B BLOCK 2 DISTRICT LOT 196 PLAN 19896 41,45 & 49 POWELL ST. EUROPE HOTEL 145 55 POWELL ST. PARCEL IDENTIFIER: 015-705-404 LOT 7 BLOCK 2 DISTRICT LOT 196 PLAN 184 GRAND TRUNK ROOMS 146 124 POWELL ST. PARCEL IDENTIFIER: 015-697-452 LOT 33 BLOCK 6 DISTRICT LOT 196 PLAN 184; PARCEL IDENTIFIER: 015-697-461 LOT 34 BLOCK 6 DISTRICT LOT 196 PLAN 184 122 POWELL ST. HAMPTON HOTEL 147 134 POWELL ST. PARCEL IDENTIFIER: 004-340-353 LOT 36 BLOCK 6 DISTRICT LOT 196 PLAN 184; PARCEL IDENTIFIER: 004-340-370 LOT 37 BLOCK 6 DISTRICT LOT 196 PLAN 184 132 & 136 POWELL ST. LUCKY LODGE 148 259 POWELL ST. PARCEL IDENTIFIER: 015-701-476 LOT 17 BLOCK 4 DISTRICT LOT 196 PLAN 184 261 POWELL ST. YORK ROOMS Page 202 of 748Page 165 of 281 Page 276 of 515 COLUMN 1: MAIN CIVIC ADDRESS(ES) COLUMN 2: LEGAL DESCRIPTION COLUMN 3: SECONDARY CIVIC ADDRESS(ES) COLUMN 4: CURRENT NAME OF BUILDING 149 316 POWELL ST. PARCEL IDENTIFIER: 015-601-064 LOT 4 BLOCK 55 DISTRICT LOT 196 PLAN 196; PARCEL IDENTIFIER: 015-601-242 LOT 5 BLOCK 55 DISTRICT LOT 196 PLAN 196 318 & 324 POWELL ST. LION HOTEL 150 326 POWELL ST. PARCEL IDENTIFIER: 015-601-919 LOT 6 BLOCK 55 DISTRICT LOT 196 PLAN 196 328 POWELL ST. KING ROOMS 151 346 POWELL ST. PARCEL IDENTIFIER: 015-601-935 LOT 9 BLOCK 55 DISTRICT LOT 196 PLAN 196; PARCEL IDENTIFIER: 015-601-943 LOT 10 BLOCK 55 DISTRICT LOT 196 PLAN 196; PARCEL IDENTIFIER: 015-601-951 LOT 11 BLOCK 55 DISTRICT LOT 196 PLAN 196 342,344,348 & 350 POWELL ST. CENTENNIAL ROOMS 152 376 POWELL ST. PARCEL IDENTIFIER: 015-602-001 LOT 15 BLOCK 55 DISTRICT LOT 196 PLAN 196; PARCEL IDENTIFIER: 015-602-176 LOT 16 BLOCK 55 DISTRICT LOT 196 PLAN 196 374 POWELL ST. SAKURA-SO 153 390 POWELL ST. PARCEL IDENTIFIER: 011-924-764 LOT 18 BLOCK 55 DISTRICT LOT 196 PLAN 196; PARCEL IDENTIFIER: 011-924-772 LOT 19 BLOCK 55 DISTRICT LOT 196 PLAN 196;PARCEL IDENTIFIER: 011-924-781 LOT 20 BLOCK 55 DISTRICT LOT 196 PLAN 196 394,396 & 398 POWELL ST.; 211 & 215 DUNLEVY AVE. NEW WORLD HOTEL 154 401 POWELL ST. PARCEL IDENTIFIER: 003-430-707 LOT 31 BLOCK 41 DISTRICT LOT 196 PLAN 196; PARCEL IDENTIFIER:003-430-693 LOT 32 BLOCK 41 DISTRICT LOT 196 PLAN 196 403 POWELL ST. MARR HOTEL Page 203 of 748Page 166 of 281 Page 277 of 515 COLUMN 1: MAIN CIVIC ADDRESS(ES) COLUMN 2: LEGAL DESCRIPTION COLUMN 3: SECONDARY CIVIC ADDRESS(ES) COLUMN 4: CURRENT NAME OF BUILDING 155 437 POWELL ST. PARCEL IDENTIFIER: 015-589-412 LOT 24 BLOCK 41 DISTRICT LOT 196 PLAN 196; PARCEL IDENTIFIER: 015-589-421 LOT 25 BLOCK 41 DISTRICT LOT 196 PLAN 196 439 & 441 POWELL ST. MING SUNG READING ROOMS 156 556 POWELL ST. PARCEL IDENTIFIER: 015-586-057 LOT 12 BLOCK 53 DISTRICT LOT 196 PLAN 196 558 POWELL ST. POWELL ROOMS 157 566 POWELL ST. PARCEL IDENTIFIER: 008-373-558 LOT 13 BLOCK 53 DISTRICT LOT 196 PLAN 196 PHOENIX APTS 158 568 POWELL ST. PARCEL IDENTIFIER: 010-344-063 LOT 14 BLOCK 53 DISTRICT LOT 196 PLAN 196 HAMPTON ROOMS 159 215 PRINCESS AVE. PARCEL IDENTIFIER: 015-586-073 LOT 15 BLOCK 53 DISTRICT LOT 196 PLAN 196; PARCEL IDENTIFIER: 015-586-090 LOT 16 BLOCK 53 DISTRICT LOT 196 PLAN 196 578, 580 & 582 POWELL ST. PRINCESS LODGE 160 230 PRINCESS AVE. PARCEL IDENTIFIER: 015-047-105 LOT D OF LOTS 31 AND 32 BLOCK 52 DISTRICT LOT 196 PLAN 971 HARBOUR ROOMS 161 236 PRINCESS AVE. PARCEL IDENTIFIER: 010-156-518 LOT C OF LOTS 31 AND 32 BLOCK 52 DISTRICT LOT 196 PLAN 971 162 553 PRIOR ST. PARCEL IDENTIFIER: 015-562-174 LOT 22, EXCEPT THE NORTH 6 FEET NOW LANE, BLOCK 102 DISTRICT LOT 196 PLAN 196 HING MEE SOCIETY Page 204 of 748Page 167 of 281 Page 278 of 515 COLUMN 1: MAIN CIVIC ADDRESS(ES) COLUMN 2: LEGAL DESCRIPTION COLUMN 3: SECONDARY CIVIC ADDRESS(ES) COLUMN 4: CURRENT NAME OF BUILDING 164 518 RICHARDS ST. PARCEL IDENTIFIER: 012-520-896 LOT 34, EXCEPT THE SOUTH 0.083 FEET, BLOCK 35 DISTRICT LOT 541 PLAN 210; PARCEL IDENTIFIER: 012-520-918 LOT 35 BLOCK 35 DISTRICT LOT 541 PLAN 210; PARCEL IDENTIFIER: 012-520-942 LOT 36 BLOCK 35 DISTRICT LOT 541 PLAN 210 MARBLE ARCH HOTEL 165 1203 SEYMOUR ST. PARCEL IDENTIFIER: 015-344-835 LOT C (SEE 579565L) OF LOTS 37 AND 38 BLOCK 103 DISTRICT LOT 541 PLAN 210 612 DAVIE ST. CANADIAN HOTEL 166 716 SMITHE ST. PARCEL IDENTIFIER: 012-849-235 LOT 37 BLOCK 72 DISTRICT LOT 541 PLAN 210; PARCEL IDENTIFIER: 012-849-243 LOT 38 BLOCK 72 DISTRICT LOT 541 PLAN 210 901 GRANVILLE ST.; 722 SMITHE ST. GRESHAM 167 320 UNION ST. PARCEL IDENTIFIER: 015-555-216 LOT 4 BLOCK 104 DISTRICT LOT 196 PLAN 196; PARCEL IDENTIFIER: 015-555-232 THE WEST 1/2 OF LOT 5 BLOCK 104 DISTRICT LOT 196 PLAN 196 168 406 UNION ST. PARCEL IDENTIFIER: 011-151-811 LOT A OF LOTS 1 AND 2 BLOCK 103 DISTRICT LOT 196 PLAN 775 408 & 410 UNION ST. LOW YOUNG COURT 169 468 UNION ST. PARCEL IDENTIFIER: 013-487-957 LOT 14, EXCEPT THE SOUTH 6 FEET NOW LANE, BLOCK 103 DISTRICT LOT 196 PLAN 196 LUCKY ROOMS 170 102 WATER ST. PARCEL IDENTIFIER: 015-712- 826 LOT 1 BLOCK 5 OLD GRANVILLE TOWNSITE PLAN 168 104 & 108 WATER ST.; 203, 205, 207, 209, 219 & 221 ABBOTT ST. WINTER'S RESIDENCE 171 110 WATER ST. PARCEL IDENTIFIER: 015-712-834 THE EAST 1/2 OF LOT 2 BLOCK 5 OLD GRANVILLE TOWNSITE PLAN 168 GASTOWN HOTEL Page 205 of 748Page 168 of 281 Page 279 of 515 COLUMN 1: MAIN CIVIC ADDRESS(ES) COLUMN 2: LEGAL DESCRIPTION COLUMN 3: SECONDARY CIVIC ADDRESS(ES) COLUMN 4: CURRENT NAME OF BUILDING 172 122 WATER ST. PARCEL IDENTIFIER: 014-190-656 THE WEST 1/2 OF LOT 2 BLOCK 5 OLD GRANVILLE TOWNSITE PLAN 168 114 WATER ST. COLONIAL RESIDENCE Page 206 of 748Page 169 of 281 Page 280 of 515 SCHEDULE B Page 207 of 748Page 170 of 281 Page 281 of 515 SCHEDULE C (LETTERHEAD: NAME AND ADDRESS OF SRA) ROOM REGISTRATION FORM Room No. _____________________ Occupant’s Name: Mr./Mrs./Ms._______________________________________________________________ (Last name)(First Name)(Middle Initial) Date of Birth: _______/______/______/ M D Y Identification (optional)___________________________ (e.g.,BCID, Birth Certificate,Driver’s license, etc) Date of Arrival or: ____/____/____/ Date of Departure or: ____/_____/_____ Start of Tenancy M D Y End of Tenancy M D Y Emergency Contact Information (Optional) In case of emergency, contact ____________________________________ (Name) Relationship:________________________________ Tel #:____________________ Doctor’s Name_______________________________ Tel #________________ Signature of Occupant _____________________ Date: ______________________ In accordance with Section 5.2 of the Single Room Accommodation By-law, an owner must maintain within the building, for the then current calendar year and the three immediately preceding calendar years, records pertaining to each of the designated rooms including: (a) a room registration form completed for each occupant of each designated room;and (b) guest ledgers; showing the room number, name of each permanent resident, amount of rent, and period of time to which the rent payment applies. For more information contact the City of Vancouver 311 Page 208 of 748Page 171 of 281 Page 282 of 515 Page 209 of 748Page 172 of 281 Page 283 of 515 Page 210 of 748Page 173 of 281 Page 284 of 515 Page 211 of 748Page 174 of 281 Page 285 of 515 Page 212 of 748Page 175 of 281 Page 286 of 515 Page 213 of 748Page 176 of 281 Page 287 of 515 Page 214 of 748Page 177 of 281 Page 288 of 515 Page 215 of 748Page 178 of 281 Page 289 of 515 Page 216 of 748Page 179 of 281 Page 290 of 515 Page 217 of 748Page 180 of 281 Page 291 of 515 Page 218 of 748Page 181 of 281 Page 292 of 515 Page 219 of 748Page 182 of 281 Page 293 of 515 Page 220 of 748Page 183 of 281 Page 294 of 515 Page 221 of 748Page 184 of 281 Page 295 of 515 Page 222 of 748Page 185 of 281 Page 296 of 515 Page 223 of 748Page 186 of 281 Page 297 of 515 Page 224 of 748Page 187 of 281 Page 298 of 515 Page 225 of 748Page 188 of 281 Page 299 of 515 Page 226 of 748Page 189 of 281 Page 300 of 515 Page 227 of 748Page 190 of 281 Page 301 of 515 Page 228 of 748Page 191 of 281 Page 302 of 515 Draft Interim Motel Conversion Ordinance Page 1 –9/6/2017 CPC-2017-3409-CA ORDINANCE NO. ______________________ An ordinance amending Sections 12.03,14.00 and 151.02 of the Los Angeles Municipal Code establishing regulations to facilitate the use of existing hotels and motels for Supportive Housing and/or Transitional Housing. WHEREAS, the extreme shortage of housing in the City of Los Angeles has been well documented; WHEREAS,the housing shortage continues to exacerbate the homelessness crisis, as rates of homelessness increased 20% in the City of Los Angeles from 2016 to 2017; WHEREAS,the City of Los Angeles has declared a shelter crisis under California Government Code Section 8698 based on a finding that a significant number of homeless people in Los Angeles are without the ability to obtain shelter, resulting in a threat to their health and safety; WHEREAS,the City Council has determined that, to address this crisis, the public interest or necessity demands the improvement of real property to provide supportive housing and transitional housing for extremely low income or very low income individuals and families who are homeless or chronically homeless, which includes facilities from which assistance and services, such as mental health treatment, health care, drug and alcohol treatment, education and job training, may be provided; WHEREAS,on January 7,2016, the City of Los Angeles issued a Comprehensive Homeless Strategy Report, which identified more than 60 policy and funding recommendations in addressing homelessness; WHEREAS,Strategy 7C identified in the Comprehensive Homeless Strategy Report directed the Housing and Community Investment Department and the Department of City Planning to identify opportunities for adaptive reuse of existing private properties in the City of Los Angeles that are capable of being converted to Transitional and Supportive Housing, with special focus on existing high-density structures such as hotels and motels; WHEREAS,given limited resources and the extreme need for shelter, it is clear that creative, cost-effective strategies are needed to complement the City’s plan to address the homeless crisis in the urgent, comprehensive and persistent manner it deserves;and WHEREAS,the adaptive reuse of hotels and motels presents an opportunity for a cost- effective and expeditious strategy to expand the City’s supply of Transitional and Supportive Housing; NOW, THEREFORE, THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS: Section 1.The following definitions are added to Section 12.03 of the Los Angeles Municipal Code to read: Page 229 of 748Page 192 of 281 Page 303 of 515 Draft Interim Motel Conversion Ordinance Page 2 –9/6/2017 CPC-2017-3409-CA SUPPORTIVE HOUSING. Housing with no limit on length of stay that is occupied by persons with low incomes who have one or more disabilities and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people. The housing is linked to onsite or offsite Supportive Services, and any onsite Floor Area used for the delivery of Supportive Services shall be considered accessory to the residential use. TRANSITIONAL HOUSING.A building that is designed to provide housing and Supportive Services to persons with low incomes who have one or more disabilities and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people,to facilitate movement to permanent housing, typically within 24 months. SUPPORTIVE SERVICES.Services that are provided on a voluntary basis to residents of Supportive Housing and Transitional Housing, including, but not limited to, a combination of subsidized, permanent housing, intensive case management, medical and mental health care, substance abuse treatment, employment services,benefits advocacy, and other services or service referrals necessary to obtain and maintain housing. Section 2.Subdivision 12 of Subsection A of Section 14.00 of the Los Angeles Municipal Code is added to read as follows: 12.Interim Use of Motels for Supportive Housing or Transitional Housing.The purpose of this subdivision is to facilitate the interim use of dwelling units or guest rooms in existing Hotels, Motels, Apartment Hotels, Transient Occupancy Residential Structures and Hostels as Supportive Housing and/or Transitional Housing. This subdivision is further intended to allow such property to return to its previous use, or any use consistent with the underlying zoning, upon termination of the interim Supportive Housing and/or Transitional Housing use. (a)Interim Motel Housing Project. An Interim Motel Housing Project is the physical re-purposing or adaptation of an existing Hotel,Motel, Apartment Hotel, Transient Occupancy Residential Structure, or Hostelfor the purposes of using such building or buildings for Supportive Housing and/or Transitional Housing. All dwelling units and guest rooms in the project must be used for Supportive Housing and/or Transitional Housing. The Interim Motel Housing Project may not at any point in time result in any additional Floor Area or an expansion of the building footprint or height, nor shall it result in an increase in the total combined number of dwelling units or guest rooms on the property. Any Floor Area used for onsite Supportive Services shall be considered accessory to the residential use. (1)For the purposes of this Section, properties and/or units that are subject to the provisions of LAMC Section 47.70, et seq. (Residential Hotel Ordinance) at the time that an Interim Motel Housing Project application is submitted to the Department of City Planning, shall remain subject to all Page 230 of 748Page 193 of 281 Page 304 of 515 Draft Interim Motel Conversion Ordinance Page 3 –9/6/2017 CPC-2017-3409-CA requirements and restrictions set forth therein both during the contract term to provide Supportive Housing and/or Transitional Housing and thereafter, including, but not limited to, the submission of an Application for Clearance to the Housing and Community Investment Department (HCID). At the conclusion of the contract term, the number of Residential Units at each participating property shall be no greater or less than the number originally determined by HCID pursuant to LAMC Section 47.76 or any subsequent number approved by HCID as part of an Application for Clearance. (b)Application and Approval. (1)The Department of Building and Safety shall review all Interim Motel Housing Projects for zoning compliance described in Paragraph (d) and adherence to the performance standards in Paragraph (e). The Interim Motel Housing Project shall be approved if the application requirements, zoning compliance and performance standards of this subsection are met. (2)Prior to issuance of a building permit, the applicant shall provide a copy of an executed contract agreement which demonstrates that the Supportive Housing and/or Transitional Housing use to be provided on-site and associated Supportive Services have received funding from a local public agency, as identified on a list maintained by the Department of City Planning, and is in place and ready to commence operation upon project occupancy. (c)Termination of Supportive Housing and/or Transitional Housing Contract. Upon any termination of the Supportive Housing and/or Transitional Housing contract, the Interim Motel Housing Project shall be required, within 90 days,to notify the Department of Building and Safety and to complete one of the following: (1)Submit an application to the Department of Building and Safety to return to the previous use for which a Certificate of Occupancy was valid at the time that the Interim Motel Housing Project application was submitted to the Department of City Planning, or to any use permitted by the current zoning regulations; or (2)Provide a copy of a new executed contract agreement in accordance with the requirements in Paragraph (b)(2). (d)Zoning Compliance. (1)Interim Motel Housing Projects shall not be subject to any otherwise applicable zoning ordinance and/or specific plan or other overlay district regulations including but not limited to the following: (i)Minimum Area per Dwelling Unit or Guest Room.A building, nonconforming as to the area regulations (density) of the underlying zone, may be used for an Interim Motel Housing Project, provided Page 231 of 748Page 194 of 281 Page 305 of 515 Draft Interim Motel Conversion Ordinance Page 4 –9/6/2017 CPC-2017-3409-CA that the conversion does not create any additional dwelling units or guest rooms. (ii)Off-Street Automobile Parking.The required number of parking spaces shall be the same as the number of spaces that existed on the site at the time that the Interim Motel Housing Project application was submitted to the Department of Building and Safety, and shall be maintained and not reduced. Interim Motel Housing Projects shall otherwise be exempt from the provisions of Section 12.21 A.4(m) of this Code. (iii)Use.Notwithstanding the use provisions of the underlying zoning, an Interim Motel Housing Project shall be permitted. (iv)Change of Use.For any change of use of a building or a portion of a building, Section 12.23 B.7 of this Code shall not apply to Interim Motel Housing Projects. (v)Nonconforming Use of Buildings in Manufacturing Zones. Notwithstanding the regulations contained in Section 12.23 B.4 of this Code, an Interim Motel Housing Project shall be permitted in M Zones. (vi)Nonconforming Use in A and R Zones.The regulations contained in Section 12.23B.2 of this Code shall not disqualify any existing motel from approval as an Interim Motel Housing Project or from returning to a motel use at the termination of the Supportive Housing and/or Transitional Housing contract. (2)Supplementation of Guest Rooms.For the purposes of this Section, Guest Rooms may be supplemented with cooking facilities including a sink, a refrigerator not exceeding 10 cubic feet, counter space not exceeding 10 square feet, and a hotplate or microwave.Any such supplementation of Guest Rooms shall be permitted to remain at the time that an Interim Motel Housing Project returns to the original use for which a Certificate of Occupancy was valid at the time of application. (3)Preservation of Nonconforming Rights.Upon termination of the Supportive Housing and/or Transitional Housing use, any building used for an Interim Motel Housing Project that is nonconforming as to area and/or use regulations or any other zoning code requirement or requirements shall be authorized to return to the original use and condition for which a Certificate of Occupancy was valid at the time of application, notwithstanding any physical alterations to the subject property. Any Floor Area used for Supportive Services may be returned to use as guest rooms Page 232 of 748Page 195 of 281 Page 306 of 515 Draft Interim Motel Conversion Ordinance Page 5 –9/6/2017 CPC-2017-3409-CA and/or dwelling units, or may be converted to accessory amenity spaces, so long as the total number of guest rooms and the total number of dwelling units do not exceed the number approved on the previous Certificate of Occupancy. (e)Performance Standards.The Interim Motel Housing Project shall meet the following performance standards: (1)Supportive Service Area.Floor Area dedicated to Supportive Services may be provided onsite within an existing building, but shall not exceed ten percent (10%) of the total Floor Area of the building. (2)Lighting.Security night lighting shall be shielded so that the light source cannot be seen from adjacent residential properties. (f)Purpose. The use of these guest rooms and dwelling units under this subdivision shall not be considered an increase in density or other change which requires any corresponding discretionary action. Floor Area dedicated to Supportive Services shall be accessory to the Supportive Housing and/or Transitional Housing use. Lighting on the site should be adequate to provide for public safety and should not spill out on adjoining residential uses. Section 3.Section 151.02 of the Los Angeles Municipal Code is amended to read as follows: Rental Units. … The term shall not include: 13.Housing accommodations in Supportive Housing and/or Transitional Housing participating in an Interim Motel Housing Project pursuant to LAMC Section 14.00.A.13. This exemption shall apply only to housing accommodations which have been issued a housing exemption by the Department indicating satisfaction of the following conditions: (1)the subject housing accommodations are subject to and operating in accordance with a contract to provide Supportive Housing and/or Transitional Housing;and (2)any tenant remaining in the housing accommodations at the commencement of the contract term to provide Supportive Housing and/or Transitional Housing shall be afforded all rights and protections provided by this Article, including, but not limited to, LAMC Section 151.09A pertaining to the recovery of housing accommodations from any such tenant. Page 233 of 748Page 196 of 281 Page 307 of 515 Draft Interim Motel Conversion Ordinance Page 6 –9/6/2017 CPC-2017-3409-CA The Department shall have the authority to revoke an exemption issued pursuant to this Subdivision for failure to adhere to any of the conditions for an exemption set forth in this Subdivision. This exemption shall be deemed automatically revoked upon termination of the contract term or failure to operate in accordance with the contract to provide Supportive Housing and/or Transitional Housing. Section 4.URGENCY CLAUSE.The City finds and declares that this ordinance is required for the immediate protection of the public peace, health, and safety for the following reasons: The Los Angles Homeless Authority (LAHSA) January 2017 point in time count found that approximately 34,189 people are experiencing homelessness in the City of Los Angeles, reflecting a 20% increase from 2016. Over 73% of this number, or 25,237 people, are unsheltered, meaning that their primary nighttime residence is a public or private place not designated or ordinarily used as a regular sleeping accommodation for human beings.A significant portion of people experiencing homelessness in the City of Los Angeles experience multiple health issues, trauma, and disability:20% have a substance use disorder, 33% have a serious mental illness, and 19% have a physical disability, while 36% have experienced domestic violence. Furthermore, approximately 31% of this population are experiencing chronic homelessness, a group that, when unsheltered, often incurs significant public costs related to emergency room visits, law enforcement, and incarceration. These costs have been shown to be significantly reduced when individuals are placed into supportive housing. The process in the proposed ordinance is designed to promote the expeditious expansion of the availability of supportive housing and transitional housing within the City. Supportive housing and transitional housing provide stable shelter for individuals experiencing homelessness, along with supportive services which help to address health and disability issues such as substance abuse, serious mental illness, and physical disabilities. For all these reasons, the ordinance allowing Interim Use of Motels for Supportive Housing or Transitional Housing shall become effective upon publication pursuant to Section 253 of the Los Angeles City Charter. Section 5.SEVERABILITY.If any portion, subsection, sentence, clause or phrase of this ordinance is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each portion or subsection, sentence, clause and phrase herein, irrespective of the fact that any one or more portions, subsections, sentences, clauses or phrases be declared invalid. Page 234 of 748Page 197 of 281 Page 308 of 515 Page 235 of 748Page 198 of 281 Page 309 of 515 Page 236 of 748Page 199 of 281 Page 310 of 515 Page 237 of 748Page 200 of 281 Page 311 of 515 Page 238 of 748Page 201 of 281 Page 312 of 515 Page 239 of 748Page 202 of 281 Page 313 of 515 Page 240 of 748Page 203 of 281 Page 314 of 515 Page 241 of 748Page 204 of 281 Page 315 of 515 PBD-2019-21 April 9, 2019 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2019-21 Boarding House Interim Control By-law Study Update RECOMMENDATION 1. Council receive the public comments/input contained in this report; and 2. That the planning and licensing documents be refined in accordance with the comments/input received and be brought to a statutory public meeting before Council in June. EXECUTIVE SUMMARY In April 2017, Council passed an interim control by-law to prohibit the establishment of boarding houses in the City. MHBC Planning was contracted to undertake a study of the issue. In November, 2018, the consultants and staff reported to Council on the study and recommended a preferred option – a Single Room Occupancy (SRO) Building be introduced as a new land use in the zoning by-law and be further regulated in the Licensing By-law. Council directed that additional public consultation be undertaken and to report back on the results of the consultation. Prior to these public consultation events, draft Official Plan policies and Zoning By-law and Licensing By-law Regulations were released for review. Comments received through public consultation will be reviewed and the draft documents revised accordingly. An on-line survey was conducted from March 4, 2019 through to March 22, 2019. A stakeholder meeting and a public open house were held on March 18, 2019. Invitations to both were sent to all of the BIA’s, Niagara Regional Police, and social service agencies (e.g. Project Share, YWCA, Niagara Falls Community Health Care). Notice of the public open house was published in the Niagara Falls Review. The majority of comments were in support of permitting SRO’s in motels and hotels and that they be regulated through zoning and licensing. There were also comments that related to certain detailed aspects of SRO’s – for example, provision of sanitary facilities and kitchenettes within the units; provision of amenity space within an SRO building. BACKGROUND In April 2017, Council passed an interim control by-law to prohibit the establishment of any further boarding houses in the City. This was in response to an application to the Committee of Adjustment for 8004 Lundy’s Lane to add a boarding house use to an existing motel. The Lundy’s Lane BIA raised a number of concerns with this application and the recent increase in the motels along Lundy’s Lane that have been converted into boarding houses. Page 205 of 281 Page 316 of 515 2 PBD-2019-21 April 9, 2019 MHBC Planning was hired in to undertake a study of this issue. In November, 2018 MHBC, together with Planning staff, reported to Council on the study and recommended a preferred option – a Single Room Occupancy (SRO) Building be introduced as a new land use in the zoning by-law and be further regulated in the Licensing By-law. Council directed that additional public consultation be undertaken and to report back on the results of the consultation. CONSULTATION 1. An on-line survey was conducted from March 4th through to March 22nd on the “Let’s Talk Niagara Falls” on-line engagement site. 2. A meeting with stakeholders – BIA’s, Niagara Regional Police, and agencies (e.g. Project Share, YWCA, Niagara Falls Community Health Care) – was held on March 18th. 3. An Open House was also held on March 18th. Notice of the Open House was sent to stakeholders, agencies and was published in the Niagara Falls Review. RESULTS 1. On-line Survey A series of questions were posed on the survey for people to respond – majority were yes/no with two that allowed for further comment. The full survey results are attached as Appendix 1. A synopsis of the results are:  61% of the respondents support the SRO concept  73% support regulation  58% support legalization  97% are of the opinion that owners should be required to improve buildings to an appropriate standard.  58% are of the opinion that SRO’s and motel units could not co-exist in the same building  51% are concerned about living conditions 2. Stakeholder Meeting and Open House Question/Comment Received Response/Action Would SRO’s be subject to the Residential Tenancies Act? Yes. SRO’s will be a person’s place of residence. Motels and SRO’s co-existing in the same building will result in enforcement issues. Police and by-law enforcement officers need to know what legislation is applicable. The by-laws will be reviewed and revised accordingly. Can a building operate as an SRO for part of the year and a motel for another part of the year? The licensing by-law would have to recognize this circumstance. The draft by- law will be reviewed and revised accordingly. The by-laws should recognize the existing unit sizes. The by-laws will be revised to remove references to a minimum unit size. Unit Page 206 of 281 Page 317 of 515 3 PBD-2019-21 April 9, 2019 ANALYSIS/RATIONALE There are a number of “take-aways” from the public forums. 1. Introduction of an SRO land use is appropriate. A clear majority are in favour of this action. 2. Regulation through zoning and licensing to require proper living standards is required. The regulatory documents will include sanitary facilities and kitchenettes as requirements for an SRO unit. 3. Motel units and SRO’s cannot co-exist in the same building. The documents will have to have a requirement that precludes this circumstance but allows for the buildings to be used as one or the other at different times of the year. sizes will be controlled by the Ontario Building Code (OBC). Sanitary facilities should be required for each unit. No revisions required as the by-laws require them. Kitchenettes should be required in each unit, even if communal kitchens are provided. By-laws will be require that either communal kitchens or kitchenettes be required. Amenity space for the building is not necessary. By-laws will be revised accordingly. Council should provide additional funding for inspections. The units already exist in the commercial areas. Regulations are required to bring these units up to an appropriate standard. SRO’s should not be limited to existing motel conversions; purpose-built SRO’s should be permitted. By-laws will be reviewed and revised accordingly. SRO’s should not be permitted in commercial areas – should be in residential areas. For Council’s consideration. SRO’s should be permitted in commercial areas. No revisions required. Units have to be safe and meet a minimum standard. No revisions required. Lundy’s Lane has a streetscape master plan and a CIP – the BIA is trying to revitalize the corridor. Sub-standard buildings and properties detract from these initiatives. Zoning and licensing regulations will serve to require an appropriate standard. A residential loan program should be established for SRO’s to assist operators on conversion costs. The Lundy’s Lane CIP does not include a residential loan program as detailed in planning report PBD-2019-12. A separate study would have to be undertaken to determine the types of programs, eligibility criteria and other details. Any program would have to be applicable across the urban area of the city. What about the “hard to house”? Supportive housing is beyond the scope of this study. Page 207 of 281 Page 318 of 515 4 PBD-2019-21 April 9, 2019 4. Unit sizes will be controlled through the OBC rather than stipulating a minimum size in the licensing by-law. 5. Commercial areas are an appropriate location for SRO’s if regulated through zoning and licensing. In addition, staff investigated as whether Development Charges (DC’s) would be applicable to an SRO conversion and was advised that it is likely that DC’s would be applicable. Payment of DC’s would be cost prohibitive for any operator and thus act as a deterrent to conversions. Because of this, the new DC By-law should contain an exemption for SRO conversions. Regional exemptions would have be considered on a case-by-case basis as its DC By-law was passed last year. NEXT STEPS As noted above, draft Official Plan policies as well as Zoning By-law and Licensing Regulations have been prepared. The comments received from these public forums are being reviewed and the draft documents will be revised accordingly. The next step will be to bring these documents to a statutory public meeting under the Planning Act in June. LIST OF ATTACHMENTS  Appendix 1 – Single Room Occupancy Survey Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer J. Barnsley:gd Attach. S:\PDR\2019\PBD-2019-21, Boarding House Study Update.docx Page 208 of 281 Page 319 of 515 PBD-2019-39 June 25, 2019 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2019-39 Final MHBC Boarding House Study RECOMMENDATION 1. That Council approve the final MHBC Boarding House Study. 2. That the Official Plan Amendment, Zoning By-law Amendments and Licencing By-law be adopted and passed, respectively, at the July Council meeting. EXECUTIVE SUMMARY In April of this year, Council received the public comments on the Boarding House Study undertaken by MHBC Planning and recommended that the Official Plan Amendment, Zoning By-law Amendment and Licencing By-law be refined and finalized. Tonight’s meeting is the mandatory Public Meeting under the Planning Act on these documents. The Study found that the use of motels in commercial areas of the City is meeting the housing needs of a segment of the population. The Study concluded that in order to ensure adequate and appropriate standards are in place certain revisions to the City’s Official Plan, Zoning By-law and Licencing By-law are necessary. The consultants are recommending the introduction of a new land use termed Single Room Occupancy Building. A Single Room Occupancy Building is defined as a motel or part of a motel which existed prior to June 1, 2019 that provides Single Room Occupancy units. A Single Room Occupancy Unit is defined as “an independent unit within a Single Room Occupancy Building containing a habitable room and sanitary facilities, which is used as the primary residence of an occupant but does not constitute a dwelling unit.” Tonight MHBC Planning is presenting the refined Official Plan policies, Zoning By-law regulations and Licencing requirements. OVERVIEW In April 2017, Council passed an interim control by-law to prohibit the establishment of any further boarding houses in the City. This was in response to an application to the Committee of Adjustment to add a boarding house use to an existing motel. The proliferation of motels being used for unregulated residential purposes was creating concern within the community. Tonight’s work represents the culmination of more than 2 years of research, analysis and consultation. While the Study was called a Boarding House Study, during the course of examination it was determined the residents were not actually staying in the motels as lodgers, but were living independently in motel units as individual housekeeping units. Accordingly, it was determined that a new land use term was needed. Thus, the consultants, staff and the community determined a more appropriate term was required which resulted in the development of a new land use called Single Room Occupancy Unit. Such units have been developed elsewhere and more specifically in Vancouver and San Francisco. Page 209 of 281 Page 320 of 515 2 PBD-2019-39 June 25, 2019 MHBC Planning is recommending the adoption of Official Plan policies which amend the policies of the Minor Commercial and Major Commercial land use designations to provide for Single Room Occupancy Units and Single Room Occupancy buildings. In addition, new regulations and provisions have been established to amend Zoning By-law No. 79-200 to introduce these uses as permitted uses in the Tourist Commercial, General Commercial and Central Business Commercial zones. The actual operation of Single Room Occupancy Buildings will be governed by new licencing provisions. Each motel which wishes to operate as a Single Room Occupancy Building, in whole or part, must be licenced by the City. Licencing will require that the units have obtained a Change of Use Permit under the Ontario Building Code and will be subject to inspections by the City’s Building Inspectors, Fire Services staff and Health Unit to ensure the units are suitable for habitation. The operator of any SRO Building must provide a private bathroom for each SRO Unit; a refrigerator or mini- fridge; and an area for food preparation and consumption. Any SRO Building containing more than 10 units is required to have an on-site manager on the property at all times. During the course of study, it was determined that two motels exist outside of the Minor Commercial and Major Commercial land use designations that are being used for housing. The properties at 5551 Valley Way and at 8675 Montrose Road will be subject to a Special Policy designation in the Official Plan and a Site Specific Zoning By-law. A property at 8004 Lundy’s Lane is zoned R5C and is in the process of converting from a motel to apartment units, but would also benefit from a site specific zone to allow SRO units as allowed in the TC zone for the balance of Lundy’s Lane. Single Room Occupancy Units represent one form of housing in the continuum of housing accommodation in the City. It is important to ensure the conversion of motel rooms to Single Room Occupancy Units are appropriate and safe places for people to live as they transition from temporary shelters on their way to full dwelling units. The adoption of Official Plan policies, Zoning regulations and Licencing regulations will ensure that Council has taken appropriate and meaningful action to create a form of housing which will help meet the needs of a portion of the City’s population. With respect to boarding houses in residential areas, these are currently defined in the zoning by-law as “a dwelling in which the proprietor supplies for gain, lodging with or without meals, to three or more persons other than the proprietor”. No change is contemplated to the operation of a Boarding and Rooming House which requires a site specific zoning by-law amendment. LIST OF ATTACHMENTS  Appendix 1 – Draft Official Plan Amendment #134  Appendix 2 – Draft Zoning By-law Amendment  Appendix 3 – Draft Site Specific Zoning By-law  Appendix 4 – Draft Single Room Occupancy Licencing Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer A.Herlovitch:gd Attach. S:\PDR\2019\PBD-2019-39, Final Report Boarding House Study.docx Page 210 of 281 Page 321 of 515 PUBLIC MEETING AND RECOMMENDATION JUNE 25, 2019 CITY OF NIAGARA FALLS BOARDING HOUSE INTERIM CONTROL STUDY Page 211 of 281Page 322 of 515 PURPOSE CITY OF NIAGARA FALLS BOARDING HOUSE INTERIM CONTROL STUDY •Requests to add ‘Boarding or Rooming House’ as a permitted use through Minor Variance •One-off decisions on proposals for this use inappropriate in the absence of policy direction •Interim Control By-law Enacted •Study to examine the use of motels throughout the City providing long-term residential accommodation and develop a strategy on how to address and manage the use Page 212 of 281Page 323 of 515 PROCESS CITY OF NIAGARA FALLS BOARDING HOUSE INTERIM CONTROL STUDY •Iterative process •Technical Advisory Committee (TAC) •Background Research •Contextual Analysis •Best Practice Scan •Stakeholder Interviews •Solutions Development Workshop •Options for Consideration Page 213 of 281Page 324 of 515 KEY STEPS CITY OF NIAGARA FALLS BOARDING HOUSE INTERIM CONTROL STUDY •Review of Provincial Legislation- Provincial Policy Statement, Growth Plan, Building Code, Human Rights Code •Regional and Local policies and regulations- Regional Official Plan, Housing and Homelessness Action Plan, City of Niagara Falls Official Plan •Best Practice Approaches- provincial, national and international (U.S.) •Contextual Analysis- visual inventory of buildings, local economic factors, interviews with community agencies, local businesses/ BIAs Page 214 of 281Page 325 of 515 OPTIONS AND REVIEW CITY OF NIAGARA FALLS BOARDING HOUSE INTERIM CONTROL STUDY •Several options provided for input and consideration –Complete conversion –Hybrid conversion –‘Apartment Motel’ concept –Interim Conversion (maximum 10 years) •Demolition and conversion control also provided as an option for consideration Page 215 of 281Page 326 of 515 RECOMMENDATION CITY OF NIAGARA FALLS BOARDING HOUSE INTERIM CONTROL STUDY •November 2018 presentation to Council recommended ‘Full Conversion’ option •Council directed staff to –Obtain input from all Business Improvement Areas (BIAs) and other stakeholders –Obtain further input from local agencies –Survey the public via the City’s website –Hold a public information meeting Page 216 of 281Page 327 of 515 ADDITIONAL CONSULTATION CITY OF NIAGARA FALLS BOARDING HOUSE INTERIM CONTROL STUDY •Facilitated workshop with BIAs and local agencies •Public Information Meeting •Online Survey •Telephone Interview- Niagara College •Telephone interview- Resident of a motel property •Site Visit and Interview- Carriage House Owner/ Operator Page 217 of 281Page 328 of 515 REVISIONS CITY OF NIAGARA FALLS BOARDING HOUSE INTERIM CONTROL STUDY •Feedback from additional consultation resulted in revisions to the proposed recommendation and associated amendments –Prohibiting the use is not a viable option and would have implications for many parties –Oversight and regulation is required for the use on a go-forward basis •Revisions include –Permit full or partial conversions to SROs –Remove demolition and conversion control –Regulations for additional oversight through Licensing AND/OR Page 218 of 281Page 329 of 515 PROPOSED AMENDMENTS CITY OF NIAGARA FALLS BOARDING HOUSE INTERIM CONTROL STUDY •Official Plan Amendment, Zoning By-law Amendment •Introduce new use and defined terms –Single Room Occupancy Building –Single Room Occupancy Unit •Introduce regulations for SROs through Zoning By-law and Licensing By-law •Permitted in existing motels located within the Tourist Commercial, General Commercial and Central Business Zones as well as 5551 Valley Way, 8675 Montrose Road and 8004 Lundy’s Lane •SRO Units shall not be considered residential dwelling units for the purposes of calculating density Page 219 of 281Page 330 of 515 LICENSING BY-LAW CITY OF NIAGARA FALLS BOARDING HOUSE INTERIM CONTROL STUDY •Work on specific wording of regulations ongoing •Licensing Requirements include the following –Compliance with Building Code –Compliance with Fire Code –Compliance with Property Standards By-law –Initial inspection and annual inspections thereafter –Individual units to contain a private bathroom, a refrigerator or mini- fridge and an area for food preparation and consumption –On-site property manager required for any property containing more than ten (10) units Page 220 of 281Page 331 of 515 NEXT STEPS CITY OF NIAGARA FALLS BOARDING HOUSE INTERIM CONTROL STUDY •Prepare final amending documents and Licensing By-law to be brought forward to Council in July Page 221 of 281Page 332 of 515 THANK YOU CITY OF NIAGARA FALLS BOARDING HOUSE INTERIM CONTROL STUDY Page 222 of 281Page 333 of 515 CITY OF NIAGARA FALLS By-law No. 2019- A by-law to provide for the adoption of Amendment No. 134 to the City of Niagara Falls Official Plan. 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. The attached text constituting Amendment No. 134 to the City of Niagara Falls Official Plan is hereby adopted. Passed this XX day of XXXX, 2019. ................................................................. .................................................... XXXXX, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: DATE, 2019 Second Reading: DATE, 2019 Third Reading: DATE, 2019 Page 223 of 281 Page 334 of 515 OFFICIAL PLAN AMENDMENT NO. 134 PART 1 – PREAMBLE (i) Purpose of the Amendment The purpose of the amendment is to introduce policies to allow for the establishment of Single Room Occupancy (SRO) units within existing motels (ii) Location of the Amendment The amendment applies to lands designated Minor Commercial, Major Commercial, Tourist Commercial and other specified areas. (iii) Details of the Amendment Text Change PART 2 and APPENDIX I are amended to include the text as detailed in Part 2 of this document. (iv) Basis of the Amendment Over the past decade, many older motel establishments located throughout the City have shifted from providing primarily short-term accommodation to the travelling public, to varying extents, long-term residential accommodation. Within the context of the City’s current planning and regulatory framework, the use of motels for long-term residential accommodation purposes is not contemplated, which has resulted in difficulties in policy interpretation and zoning enforcement. City Council passed an Interim Control By-law to freeze any applications seeking to introduce the use of ‘Boarding or Rooming House’ on any motel site within the City until such time as the issue had been studied. Background review and analysis of the planning and regulatory framework; reviewed best practice examples from other jurisdictions; worked with a Technical Advisory Committee comprised of representatives from Policy Planning, the local business community, City Council, Municipal By-law Enforcement, Fire Services, Niagara Regional Police, Regional Policy Planning and Regional Community Services; and, conducted interviews with community service organizations and motel operators in order to develop a series of potential options to address the issue. The result of this work included a background review report and a contextual analysis and options report. Based on the research and analysis completed as part of the Interim Control By-law Study, a preferred and recommended option, to permit motels to operate as Single Room Occupancy Buildings via the introduction of Official Plan policies, zoning regulations and a licensing by-law was presented in November 2018. Further consultation was undertaken in early 2019. Page 224 of 281 Page 335 of 515 PART 2 – BODY OF THE AMENDMENT All of this part of the document entitled PART 2 – Body of the Amendment, consisting of the following text, constitute Amendment No. 134 to the Official Plan of the City of Niagara Falls. DETAILS OF THE AMENDMENT The Official Plan of the City of Niagara Falls is hereby amended as follows: 1. MAP CHANGES The ‘Area Affected by this Amendment’, shown on the maps attached hereto and entitled “Map 1 to Amendment No. 134” and “Map 2 to Amendment No. 134” shall be identified as Special Policy Area “75” on Schedule “A” to the Official Plan. 2. TEXT CHANGES a) PART 2, Section 3, is hereby amended by adding a new Section 3.6, as described below: “3.6 SINGLE ROOM OCCUPANCY 3.6.1 Existing motels shall be permitted to provide, in whole or in part, residential accommodation in the form of a Single Room Occupancy (SRO) Building providing Single Room Occupancy (SRO) Units. 3.6.2 SRO Units shall not be considered residential dwelling units for the purposes of calculating residential density as set out in this Plan. 3.6.3 SRO Buildings and SRO Units shall be regulated through implementing Zoning and Licensing By-law Requirements. b) PART 2, Section 4 is hereby amended by adding new Section 4.2.9 (a) as follows: 4.2.9 a) SINGLE ROOM OCCUPANCY 4.2.9.a).1 Existing motels shall be permitted to provide residential accommodation, in whole or in part, in the form of a Single Room Occupancy (SRO) Building providing Single Room Occupancy (SRO) Units. 4.2.9.a).2 SRO Units shall not be considered residential dwelling units for the purposes of calculating residential density as set out in this Plan. 4.2.9.a).3 SRO Buildings and SRO Units shall be regulated through Page 225 of 281 Page 336 of 515 implementing Zoning and Licensing By-law requirements. c) PART 2, Section 13 is hereby amended by adding the following subsection: 13.75 SPECIAL POLICY AREA “75” Special Policy Area “75” applies to lands identified as 5551 Valley Way and 8675 Montrose Road. In addition to the uses permitted under the current land use designation a Single Room Occupancy Building (SRO Building) may be permitted on these properties. d) Appendix I, Definitions is amended by adding the following new definitions “Single Room Occupancy Building (SRO Building)” means an existing motel, or part of an existing motel, providing Single Room Occupancy Units (SRO units)”. “Single Room Occupancy Unit (SRO Unit)” means an independent unit within a Single Room Occupancy Building (SRO Building) containing a habitable room and sanitary facilities, which is used as the primary residence of an occupant, but does not constitute a dwelling unit” Page 226 of 281 Page 337 of 515 H O U C K D R TWIDALE AVSTANLEY AVMCRAE ST V ALLEYW YBUCHANAN AV MAP 1 TO AMENDMENT NO. 34 SCHEDULE TO A TO THE OFFICIAL PLAN Proposed Change From: RESIDENTIALChange To: RESIDENTIAL AND SPECIAL POLICY AREA NO. 75 City of Niagara Falls Official PlanExcerpt from SCHEDULE - A - FUTURE LAND USE PLAN K:\GIS_Requests\2019\Schedule\Zoning\05\bylaw_AM2019_005_ValleyWay.mxd AM-2019-005 ¹ 5/17/2019 1:nts 75 Area Affected by this Amendment Industrial Minor Commercial Open Space Residential NOTE: This schedule forms part of Amendment No. __ to the Official Plan for the City of Niagara Falls and it must be read in conjunction with the written text. Ā Page 227 of 281 Page 338 of 515 MONTROSE RDCHIPPAWA CREEK RD QUEEN ELIZABETH WYOAKWOOD DRMAP 2 TO AMENDMENT NO. 134SCHEDULE TO A TO THE OFFICIAL PLAN Proposed Change From: INDUSTRIALChange To: INDUSTRIAL AND SPECIAL POLICY AREA NO. 75 City of Niagara Falls Official PlanExcerpt from SCHEDULE - A - FUTURE LAND USE PLAN K:\GIS_Requests\2019\Schedule\Zoning\05\bylaw_AM2019_005_MontroseRd.mxd AM-2019-005 ¹ 6/13/2019 1:nts 75 Area Affected by this Amendment Environmental Conservation Area Environmental Protection Area Industrial Residential Welland River NOTE: This schedule forms part of Amendment No. 134 to the Official Plan for the City of Niagara Falls and it must be read in conjunction with the written text. Ā Page 228 of 281 Page 339 of 515 CITY OF NIAGARA FALLS By-law No. 2019 - ___ A by-law to amend By-law No. 79-200, to introduce new definitions and regulatory provisions to address Single Room Occupancy (SRO) Housing (AM-2019-005). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. SECTION 2 – DEFINITIONS of By-law No. 79-200 is amended as follows: a) by inserting the following: “2.52(a) “SINGLE ROOM OCCUPANCY BUILDING (SRO BUILDING)” means a motel, or part of a motel existing prior to June 1, 2019 providing Single Room Occupancy Units (SRO units) together with accessory uses 2.52(b) “SINGLE ROOM OCCUPANCY UNIT (SRO UNIT)” means an independent unit within a Single Room Occupancy Building (SRO Building) containing a habitable room and sanitary facilities, which is used as the primary residence of an occupant but does not constitute a dwelling unit.” 2. SECTION 4 – GENERAL PROVISIONS of By-law No. 79-200 is amended by and adding a new provision 4.25B as follows: “4.25B SUPPLEMENTARY REGULATIOINS FOR THE CONVERSION OF MOTELS TO SINGLE ROOM OCCUPANCY BUILDINGS: No person shall convert all or part of an existing motel to a Single Room Occupancy Building except in accordance with the following regulations: a) Lot frontage, front yard depth, interior side yard width, exterior side yard width, rear yard depth, height and lot coverage: as legally existing on June 1, 2019. b) Parking: the required minimum number of parking spaces shall be the same as the number of spaces as legally existing on June 1, 2019. 3. SECTION 8- COMMERCIAL ZONES of By-law 79-200 is amended as follows: a) Section 8.2.1 PERMITTED USES is modified by adding the following: Page 229 of 281 Page 340 of 515 2 “(uu) Single Room Occupancy Building (SRO Building), subject to the provisions of Section 4.25B” b) New regulation 8.2.5 is added as follows: “8.2.5 REGULATIONS FOR SINGLE ROOM OCCUPANCY BUILDINGS: The regulations in clauses a to j inclusive of Section 8.2.2 shall not apply to Single Room Occupancy Buildings or Single Room Occupancy Buildings in combination with an existing motel. All of the supplementary regulations for Single Room Occupancy Buildings in Section 4.25B shall apply to Single Room Occupancy Buildings and single Room Occupancy Buildings in combination with an existing motel” c) Section 8.5.1 PERMITTED USES is modified by adding the following: “(nn) Single Room Occupancy Building (SRO Building), subject to the provisions of Section 4.25B” d) New regulation 8.5.6 is added as follows: “8.5.6 REGULATIONS FOR SINGLE ROOM OCCUPANCY BUILDINGS: The regulations in clauses a to j inclusive of Section 8.5.2 shall not apply to Single Room Occupancy Buildings or Single Room Occupancy Buildings in combination with an existing motel. All of the supplementary regulations for Single Room Occupancy Buildings in Section 4.25B shall apply to Single Room Occupancy Buildings and Single Room Occupancy Buildings in combination with an existing motel.” e) Section 8.6.1 PERMITTED USES is modified by adding the following: “(pp) Single Room Occupancy Building (SRO Building), subject to the provisions of Section 4.25B” f) New regulation 8.6.7 is added as follows: “8.6.7 REGULATIONS FOR SINGLE ROOM OCCUPANCY BUILDINGS: The regulations in clauses a to j inclusive of Section 8.6.2 shall not apply to Single Room Occupancy Buildings or Single Room Occupancy Buildings in combination with an existing motel. All of the supplementary regulations for Single Room Occupancy Buildings in Section 4.25B shall apply to Single Room Occupancy Buildings and Single Room Occupancy Buildings in combination with an existing motel.” Passed this XX day of XXXX, 2019. Page 230 of 281 Page 341 of 515 3 XXXXXXXXXXXXXXX, JAMES M. DIODATI, MAYOR CITY CLERK First Reading: XXXXXX, 2019 Second Reading: XXXXXX, 2019 Third Reading: XXXXXX, 2019 Page 231 of 281 Page 342 of 515 Page 232 of 281Page 343 of 515 Page 233 of 281Page 344 of 515 Page 234 of 281Page 345 of 515 Page 235 of 281Page 346 of 515 Page 236 of 281Page 347 of 515 Page 237 of 281Page 348 of 515 Page 238 of 281Page 349 of 515 Page 239 of 281Page 350 of 515 Page 240 of 281Page 351 of 515 1 CITY OF NIAGARA FALLS SINGLE ROOM OCCUPANCY BY-LAW No. 2019-XXX Being a By-law to provide for the licensing, regulating, governing, classifying and inspecting of Single Room Occupancy Buildings WHEREAS section 257.2 of the Municipal Act, R.S.O. 1990, c. M.45, as amended, provides that the Council of a local municipality may pass by-laws for licensing, regulating and governing any business carried on within the municipality. AND WHEREAS the Council of the Corporation of the City of Niagara Falls deems it desirable and expedient to license, regulate and govern lodging houses. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: SECTION 1: SHORT TITLE 1.1 This By-law may be cited as the “SRO Licensing By-law” SECTION 2: ADMINISTRATION, INTERPRETATION AND ENFORCEMENT 2.1 This By-law applies throughout the City of Niagara Falls. 2.2 If any provision or part of a provision of this By-law is declared by any court or tribunal of competent jurisdiction to be illegal or inoperative, in whole or in part, or inoperative in particular circumstances, the balance of the By-law, or its application in other circumstances, shall not be affected and shall continue to be in full force and effect. 2.3 This By-law shall not be construed to reduce or mitigate any restrictions or regulations lawfully imposed by the City or by any governmental authority having jurisdiction to make such restrictions or regulations. 2.4 If there is a conflict between a provision in this By-law and a provision of any other City By-law, the provision that establishes the highest standard to protect the health, safety and welfare of the general public shall apply. 2.5 This By-law shall come into force on DATE SECTION 3: DEFINITIONS 3.1 For the purpose of interpreting the provisions set forth in this By-law, the following definitions shall apply: “Applicant” means a person applying for a license under this By-law “Clerk” means the Clerk of the Corporation of the City of Niagara Falls, or a person designated to act on their behalf “Council” means the Council of the Corporation of the City of Niagara Falls Page 241 of 281 Page 352 of 515 2 “Licensee” means a person who holds a license, issued, valid and subsisting under the provisions of this By-law “Municipal Law Enforcement Officer” means a person who may from time to time be appointed by Council to the position of Municipal Law Enforcement Officer, or a person designated to act and to enforce the Municipality’s By-laws “Occupant” means a person who resides in a SRO Unit “Owner” means all persons shown by the records in the Registry Office or the Land Titles Office to be the owner at law of the property and also includes a person who, alone or with others, or through others: a) Provides the services of a SRO Building; b) Is entitled to any income from using, maintaining or operating a SRO Building; c) Manages or controls a SRO Building including, without limiting the generality of the foregoing, collecting or receiving rentals, fees or any other compensation paid by or on behalf of the Occupants or potential Occupants of the SRO Building; or, d) Has responsibility or control over the condition of a SRO Building, or the property “Property Manager” means an individual or individuals hired to oversee the day- to-day operations and management of a SRO Building containing more than ten (10) SRO Units “Single Room Occupancy Building (SRO Building)” means an existing motel, or part of an existing motel, providing Single Room Occupancy Units (SRO units) together with accessory uses. “Single Room Occupancy Unit (SRO Unit)” means an independent unit within a Single Room Occupancy Building (SRO Building) containing a habitable room and sanitary facilities, which is used as the primary residence of an occupant, but does not constitute a dwelling unit “Subject Property” means the lot on which a SRO Building sits SECTION 4: REQUIREMENTS FOR LICENSE 4.1 No person who owns, operates, maintains, or is a keeper of a Single Room Occupancy Building (SRO Building) which contains Single Room Occupancy Units (SRO Unit) shall operate or permit to be operated an SRO Building, without first obtaining a license under the provisions of this By-law. Page 242 of 281 Page 353 of 515 3 4.2 No license issued under this By-law may be transferred by the owner to any other person or property without approval of the clerk and shall require an amended license. 4.3 Where a license has been issued under this By-law for the use, operation or maintenance of a SRO Building, no person shall use, operate, maintain, be the keeper of, rent, offer for rent or permit to be used, operated, maintained, kept, rented, or offered for rent that SRO Building and the SRO Units within that building, or any part thereof, except in conformity with the terms and provisions of the license and this By-law. 4.4 The requirement of obtaining a license under this By-law will be in addition to and not in substitution for any other requirement to obtain a license or licenses or any other regulatory approval under any other federal, provincial, or municipal regulation, and obtaining a license under this By-law does not remove any obligations to comply with other applicable law or standards. 4.5 It shall be a condition of every license that the Licensee shall, in carrying on the business to comply with the provisions of this By-law ensure such compliance by every other person involved in the carrying on of such business. SECTION 5: LICENSE APPLICATION 5.1 The application for licenses and the application for license renewals shall be made in person at the office of the Clerk and shall provide to the Clerk, or their designate, a completed application form which provides full disclosure of information, full responses to all questions, and all documents as called for as required by this subsection or as otherwise required by this By-law: a) The name and address of the owner as shown on the records in the Land Registry Office or Land Titles Office, referred to in this By-law as the registered owner, and the contact information for the owner; b) If the registered owner is a corporation, the name, address and contact information of all officers, directors and shareholders; c) If the registered owner is a corporation, the articles of incorporation; d) If the registered owner is a partnership, the name, address and contact information of the individual members of the partnership; e) The name, address and telephone number of the keeper, manager or operator of the SRO Building if it is not the same as the registered owner; f) The location of the SRO Building including address and legal description; g) The number of SRO Units available for use; h) The number of parking spaces available for use and, Page 243 of 281 Page 354 of 515 4 i) The names and contact information for all support agencies and programs offering on-site services, if applicable 5.2 The application for license and the application for license renewals under this By- law shall be submitted together with the following: a) A plan of the building that includes building dimensions, the number of SRO Units, the location of indoor and outdoor amenity space, and the location of all parking spaces available on the property; b) Acknowledgement in writing from the Chief Building Official, or their designate, dated less than 90 days prior to the date of the application that the building on the subject property, and the contemplated use thereof, complies with the Ontario Building Code; c) Acknowledgement in writing from the Planning Director, or their designate, dated less than 90 days prior to the date of the application that the building on the subject property, and the contemplated use thereof, complies with the Zoning By-law d) Acknowledgement in writing from the Municipal Law Enforcement Officer, or their designate, dated less than 90 days prior to the date of the application that the subject property complies with the Property Standards By-law; e) Acknowledgement in writing from the Fire Chief, or their designate, dated less than 90 days prior to the date of the application that the Building on the subject property is suitable for the purpose of the license application and complies with all applicable fire regulations; f) Acknowledgement in writing from the Medical Officer of Health for the Regional Municipality of Niagara, or their designate, dated less than 90 days prior to the date of the application that the premises are suitable for the purpose of the license application and complies with all applicable health regulations and are in a sanitary condition; g) Subject to Subsection 6.2, the inspection certificates required for the purpose of 6.1 e), f) and g); h) Acknowledgement in writing by the Owner allowing the City and all appropriate authorities having jurisdiction, to enter the subject property, including the buildings or SRO Units thereon, in order to conduct the necessary annual inspections of the subject property to determine compliance with the requirements of this By-law to support license issuance or renewal; i) Proof of placement of insurance for the duration of the license period having a liability limit of not less than $2,000,000.00 (two million dollars) per occurrence for property damage and bodily injury. It shall be a requirement that the policy of insurance that the City be notified of any intended Page 244 of 281 Page 355 of 515 5 cancellation by the insurer no less than fifteen (15) days prior to such cancellation; j) The names and contact information for all support agencies and programs offering on-site services, if applicable; and, k) The applicable fees. 5.3 No person shall knowingly give false information when applying for a license under this By-law. 5.4 Where the applicant or licensee meets all of the requirements of this By-law and the Property Standards By-law a license or renewal of a license, as the case may be, may be granted. 5.4 The Clerk may impose such additional conditions with respect to the issuance of a SRO License, as deemed necessary to ensure public safety. 5.5 If, in the opinion of the Clerk following a review of relevant investigations and/or inspections, the applicant’s actions are adverse to the public interest or to public safety, the Clerk may refuse issuance of the license. SECTION 6: LICENSE REQUIREMENTS 6.1 No license shall be issued and no license shall be renewed unless: a) The use and intended use of the subject property is permitted in accordance with the City’s Zoning By-law; b) The building and subject property is in compliance with the City’s Zoning By-law; c) The building on the property is in compliance with all standards which apply to the building at the time of license issuance or renewal as are prescribed by the Ontario Fire Code, O.Reg. 388.97; d) The building and subject property are in compliance with the City’s Property Standards By-law; e) An electrical inspection certificate is provided verifying the building on the subject property is in compliance with all standards which apply to the building at the time of license issuance or renewal as prescribed by the Ontario Electrical Safety Code, O.Reg. 164/99; f) An inspection certificate has been provided from a heating contractor, duly qualified under the laws of the Province of Ontario, that the heating system in the building on the subject property is in safe working order; g) An inspection has been completed by the Fire Chief, or their designate, and written acknowledgement has been provided verifying that the premises are in compliance with all fire regulations currently in force with the City; Page 245 of 281 Page 356 of 515 6 h) If required, a change of use permit under the Building Code Act 1992, S.O. 1992, c.23 has been issued an any work required thereunder has been completed; i) All signs located on the subject property are in compliance with the City’s Sign By-law; j) An inspection has been completed by the Medical Officer of Health for the Regional Municipality of Niagara, or their designate, and written acknowledgement has been provided verifying that the building on the subject property and the subject property itself complies with all applicable health regulations, does not pose a health hazard and is in a sanitary condition; k) Proof of placement of insurance for the duration of the license period having a liability limit of not less than $2,000,000.00 (two million dollars) per occurrence for property damage and bodily injury. It shall be a requirement that the policy of insurance that the City be notified of any intended cancellation by the insurer no less than fifteen (15) days prior to such cancellation; and, l) The fees required pursuant to this By-law have been paid. SECTION 7: APPEAL 7.1 Where the Clerk believes, for any reason, that an applicant or licensee would be disentitled to a license (or a renewal thereof) or an applicant or licensee should only be granted a license (or a renewal thereof) subject to conditions, or a license should be suspended or revoked, the Clerk shall submit the application and all investigative reports and no license shall be granted except in order of Council. 7.2 In considering a matter under this Section, Council may impose any conditions it sees fit as a requirement of obtaining, continuing to hold or renewing a license, including any condition which would otherwise contravene any other provisions of this By-law and, notwithstanding the generality of the foregoing, conditions may be imposed on the following grounds: a) To ensure the health and safety of any person; b) To control and abate nuisances; c) To protect consumers; and, d) To ensure the business is carried on in accordance with the law or with honesty and integrity. 7.3 Council shall not make a decision under this Section without first affording the person, licensee or applicant the opportunity to be heard. Page 246 of 281 Page 357 of 515 7 7.4 After such an opportunity to be heard is afforded the person, licensee or applicant and considering any report of the Clerk, Council may make any decision in respect of which the hearing was held or the opportunity for hearing afforded without holding a further hearing or affording further opportunity for a hearing in such matter. 7.5 Notice of the decision of Council may be given by mailing a copy thereof by prepaid certified mail to the person, licensee or applicant at their last known address and, upon such mailing, any revoked, suspended or refused license shall be deemed to be revoked, suspended or refused, as the case may be. SECTION 8: FEES 8.1 No application for a license and no application for a license renewal shall be accepted unless it is accompanied by the application fee. Application fees are set out in Schedule A to this By-law and are subject to review and increase, as needed. 8.2 No license shall be issued under this By-law until the license fee has been paid in full. 8.3 Notwithstanding Subsection 8.1 and 8.2 above, there shall be no fee for a license if an application was made within one year of the passing of this By-law. SECTION 9: INSPECTIONS 9.1 Upon receipt of an application for a license or a license renewal, an inspection of the SRO Building and subject property will occur to determine whether such SRO Building complies with this By-law. The application will provide consent to authorize inspection of SRO Units at an agreed upon time. 9.2 The application form shall include permission for authorized persons to enter the subject property and buildings named in the application at any reasonable time to carry out any inspections. The Owner shall provide proper written notice to occupants of any inspection. 9.3 Every SRO Building shall be subject to at least one (1) scheduled Fire Services and Property Standards inspection each year. 9.4 In the event of a scheduled inspection set out in 9.3 above, the applicant shall provide an authorization from each Occupant of a SRO Unit for permission for authorized persons to enter all SRO Units on the property (at a time and day convenient to the City, the applicant and the Occupants). 9.5 Subject to Subsection 9.6, a Provincial Offences Officer or Municipal Law Enforcement Officer may (between the hours of 6 a.m. and 9 p.m. and upon Page 247 of 281 Page 358 of 515 8 producing proper identification) enter upon a property and into buildings without a warrant to inspect a property for compliance with the provisions of this By-law. 9.6 Except under the authority of a search warrant, neither a Provincial Offences Officer nor a Municipal Law Enforcement Officer shall enter any room or place actually used as a SRO Unit without requesting and obtaining the consent of the occupier, having first informed the occupier that the right of entry may be refused and entry made only under the authority of a search warrant. 9.10 No person shall obstruct or attempt to obstruct a Provincial Offenses Officer or Municipal Law Enforcement Officer in carrying out a lawful inspection under this Section. SECTION 10: TERMS OF THE LICENSE 10.1 All licenses issued under this By-law shall expire one year from the date of issuance 10.2 Where a license is issued under this By-law, the license shall be displayed in a prominent location together with a list of any conditions imposed upon the license. The license shall indicate the following: a) The information set out in Subsection 5.1 d) e) and f); b) The maximum number of SRO Units permitted on the property; c) The license number; d) The date of issue; e) The date of expiry; f) The name of the owner or, where the owner does not reside in the City of Niagara Falls, the Owner’s agent who does reside in the City of Niagara Falls, and sufficient information to enable immediate contact with that Owner or Owner’s agent; and, g) The address of the property 10.3 Every license issued under this By-law is issued subject to the following requirements: a) The maximum number of SRO Units as provided for in the license is not exceeded; Page 248 of 281 Page 359 of 515 9 b) That all Federal and Provincial laws and City By-laws, including this By-law, are complied with prior and subsequent to license issuance; and c) That no construction, renovation, alteration or addition is carried out on the subject property except in compliance with all laws and upon the issuance of all applicable permits. 10.4 Every Licensee shall keep and maintain the following written records for each Occupant and shall make these records available for inspection forthwith on the request of a Municipal Law Enforcement Officer: a) The full name of the Occupant(s) in each SRO Unit; b) The name, address and contact information of the next of kin or, where there is no next of kin, the number of someone to contact in the event of an emergency if such information is provided by the occupant after being requested to do so; 10.5 If, at any time after the issuance of a license, the owner or their agent, as the case may be, shall cease to reside in the City of Niagara Falls, the owner shall, within seven (7) days of such cessation, file with the City Clerk, a signed consent and appointment appointing some other person who is a Occupant of the City as agent for the owner. 10.6 Where a person has been appointed as agent by the owner, such person shall, for the purposes of this By-law, be deemed to have full authority to act as agent of the owner in respect of the operation of the SRO Building and shall be deemed to be an owner. 10.7 Every Licensee and applicant, as the case may be, shall within seven (7) days of any change occurring in any of the information on the City’s files, notify the Clerk in writing of such change, and provide full written disclosure to the Clerk of all relevant information existing after such change. SECTION 11: REVOCATION/ SUSPENSION 11.1 No person shall enjoy a vested right in the continuance of a license and, upon issuance, renewal, cancellation or suspension, the license shall remain the property of the City and Clerk may, by resolution, suspend or revoke any license issued under this By-law, in its complete discretion. 11.2 The exercise of the discretion of the Clerk to refuse, suspend, or revoke a license under this By-law shall be based on: a) The breach of an owner of any By-law of the City, including this By-law, or any statute or regulation of the Province of Ontario; Page 249 of 281 Page 360 of 515 10 b) The failure of an applicant or license holder or owner or property to meet, at any time, any of the requirements of this By-law or any conditions imposed on a license issued under this By-law; c) The submission of false information filed in support of a license or license renewal; d) The applicant or license holder is incompetent in a manner that affects the safety, health or welfare of the public, including the safety, health or welfare of a Occupant; e) The applicant has been found to have discriminated against a member of the public or a Occupant contrary to the Human Rights Code; f) The protection of the health and safety of any person; g) The control or abatement of nuisance; h) The protection of consumers; or, i) Upon the grounds that the conduct, including the officers, directors, employees or agents of a corporation, affords reasonable cause to believe that the person will not carry on or engage the business in accordance with the law or with honesty and integrity. SECTION 12: REGULATIONS 12.1 Every SRO Building or part thereof (including individual SRO Units) shall be in compliance with applicable laws and this By-law. 12.2 The operator shall ensure that a SRO Unit provides the following: a) a private bathroom; b) a refrigerator or mini-fridge; and, c) an area for food preparation and consumption (which may include a counter or table and chairs, with or without a sink) 12.3 No person shall use or permit the use of an appliance in an SRO Unit that may create a fire hazard; 12.4No person shall own, use, operate, maintain, be keeper of, rent, offer for rent or permit to be used, operated, maintained, rented or offered for rent a SRO Building or any part thereof which contains more than ten (10) units, without providing a designated on-site property manager at all times. Page 250 of 281 Page 361 of 515 11 12.5 No person shall own, use, operate, maintain, be keeper of, rent, offer for rent or permit to be used, operated, maintained, rented or offered for rent a SRO Building or any part thereof without providing adequate vital services to each occupied SRO Unit. 12.6 Every Occupant shall be provided with a secure location or manner in which to receive personal mail. 12.7 Every window and exterior door that is capable of being opened and that is accessible from outside a SRO Unit shall be equipped so that it can be secured from the inside. 12.8 Each SRO Unit shall be capable of being locked from the outside and the occupant shall be provided a key to any lock used to secure the SRO Unit. 12.9 Every owner of a SRO building shall provide a functioning telephone that is accessible to all Occupants at all times for emergency use and shall post a list of local emergency numbers in close proximity to the telephone. 12.10 Every owner of a SRO building shall post a fire safety plan, approved by the Fire Chief for the City, or his/her delegate, in a conspicuous place on the property. 12.11 If there are support agencies and programs offering on-site services, the names and contact information as well as the location of such service on-site shall be posted 12.12 A copy of this By-law shall be provided to every existing and new Occupant. SECTION 13: OFFENCE/ PENALTIES 13.1 Subject to articles 13.2 and 13.2, every person who contravenes any provision of this By-law is guilty of an offence and is liable upon conviction to a penalty in accordance with the Provincial Offences Act 13.2 Every person who fails to comply with the provisions of this By-law,shall be liable to a fine not exceeding $50,000 for the first offence and to a fine of not more than $100,000 for a subsequent offence . 13.3 If a corporation is convicted of an offence under subsection 13.1, the maximum penalty that may be imposed on the corporation is $100,000 for a first offence and $200,000 for any subsequent offence. By-law read a first, second and third time and finally passed this XX day of XXXXXXXXX, 2019. Page 251 of 281 Page 362 of 515 12 Page 252 of 281 Page 363 of 515 13 SCHEDULE A- FEES Number of SRO Units License Fee 1-10 $200.00 11-20 $250.00 21-30 $300.00 31-40 $350.00 41-50 $400.00 51-60 $450.00 Over 61 SRO Units $500.00 If support services and programs provided are provided on site Fee is waived Page 253 of 281 Page 364 of 515 MHBC PLANNING URBAN DESIGN • LANDSCAPE ARCHITECTURE 1-1.201`1 O( -j, KITCHEVER WOODBRIDGE LONDON KINGSTON BARRIE BURLINGTON To: Alex Herlovitch and Francesca Berardi CC: Mayor Jim Diodati and Members of Council From: Dana Anderson and Kelly Martel Date: June 17, 2019 File: 0947D Consultation Summary Update and Official Plan Amendment, Zoning By-law Subject: Amendment and Licensing By-law Documents- City of Niagara Falls Boarding House Interim Control Study In January of 2018, the City of Niagara Falls retained MacNaughton Hermsen Britton Clarkson Planning MHBC) and SHS Consulting (SHS) to study the Issue of the use of motels throughout the City providing long-term residential accommodation and develop a strategy on how to address and mange this use. The work program for the study involved the following: The formation of a Technical Advisory Committee (FAC), to provide input into the study process and ensure a balanced perspective is maintained, consisting of a variety of representatives from various City departments, the local business community (Lundy's Lane Business Improvement Association), Regional Police, City of Niagara Falls Fire, Councillor Wayne Campbell and Region of Niagara Planning and Development and Community Services Department; The completion of a Background Research and Analysis Report, which examined the existing legislative, regulatory and policy framework at various levels ofgovernment related to the motel issues; and, explored the issue at a broader scale, identifying 'best practice' examples of potential approaches to regulation; A site area visit and high-level property inventory; Consultation with representatives from community organizations, local business owners and Region of Niagara Community Services; Facilitating a workshop with the TAC to understand varying perspect0es and interests on the issue in order build consensus and identify solutions and approaches to regulation within the City of Niagara Falls context; and, The preparation of a series of options for consideration and recommendations for implementing a local policy and regulatory framework. The findings of the study and recommended option were presented to Council for endorsement in November, 2018, at which time Council recommended that additional consultation be conducted and made a motion to direct staffto: VE JUN 1 7 2019 204-442 BRANT STREET / BURLINGTON / ONTARIO / L7R 264 / T 905 639 8686 / F 905 761 5589 / Page 254 of 281 Page 365 of 515 Obtain input from all Business Improvement Agencies (BIAS) and other stakeholders; Obtain further input from local agencies; Survey the public via the City's website; and, Hold a public information meeting. The additional consultation activities held occurred as follows: Facilitated workshop with BIAS and local agencies: March 18, 20191; Public information meeting: March 18, 2019; Online survey: March 4 March 22,2019; Telephone interview with representatives from Niagara College Student Services and International Division: April 15, 2019; Site visit and interview with Carriage House operator: April 17, 2019; and, Telephone interview with resident of a motel property within the City: May, 2019. Feedback received from the additional consultation can be summarized as follows: Motel units located throughout the City are utilized for long-term residential purposes, including providing accommodation to members of the community who cannot otherwise obtain traditional market rental housing as well as international students attending Niagara College; Prohibiting the use would have implications for street homelessness; Prohibiting the use could have implications for finding accommodations for international students; Prohibiting the use could have financial implications for those owners operating motels for extended stay during off-season; The proposal should not result in displacement of those currently residing in motels; Regulations should be introduced to bring units up to an appropriate standard; Any regulations considered should aim to strike a balance between providing for a certain level of safety for occupants while ensuring that compliance does not become cost prohibitive for the operator, Regulations should ensure that property standards can be enforced; A commitment to providing additional staff resources to enforce regulations and issue licenses is required to ensure effectiveness; Compliance with building and fire code is needed; Anyframework should consider the social lens and the Ontario Human Rights Code; There needs to be flexibility for owners to operate in awaythat best suits their business model; Where possible, there should be a space on site to provide support functions for occupants; There should be additional security measures required on-site for larger properties; An established set of rules and regulations will be helpful to manage the use moving forward; Requirements for amenity space and minimum unit size may be too difficult to enforce due to the large variety among the existing stock; There is general support for the SRO concept, legalization and regulation among those who responded to the online survey; and, Invitations were circulated via e-mail to all BIASas wellas representatives from Project Share, YWCA, Boys andGirls Club NightlightYouth Services, Niagara Falls Community Health Centre, andNiagara RegionalPolice. Representatives from the Victoria Centre BIA, Lundy'sLane BIA, YWCA, Boys andGirls Club, Niagara Falls Community Health Centreandthe Niagara Regional Police attendedthesession. 2 The Contextual Analysis and Recommendations Report presented to Council in November of 2018 provides a fulsome summaryofthe feedbackreceivedduring the initialconsultation completed as partofthisproject. Page 255 of 281 Page 366 of 515 Introducing a demolition and conversion control by-law is premature. The recommended framework presented for approval has been modified from the option presented in November 2018 to reflect the feedback received during the additional consultation undertaken, as directed by Council and can be summarized as follows: 1. Existing motel establishments within the Tourist Commercial (TC), General Commercial (GC) and Central Business (CB) zones, as well as 5551 Valley Way and 8675 Montrose Road and 8004 Lundy's Lane (Carriage House Motor Lodge), are permitted to provide residential accommodation in the form ofa Single Room Occupancy (SRO) Building providing Single Room Occupancy (SRO) Units, either in whole or in part. NOTE: The previous option presented to Council provided for 10046 conversions only. Comments received from the Lundys Lane BIA, as well as through the online survey, indicated that a hybrid model would be more preferred. The revised recommendation responds to comments from local business owners and operators respecting flexibility for operating to best suit business need by allowing full or partial conversions. Two properties which provide long-term residential accommodation are not located within a commercial land use designation and, as a result special exceptions are required to permit the use. Additional discussions with the operator ofthe Carriage House also led to including a special exception for the use on that specific property to permit the use on that site due to the prior rezoning receivedwhich applies a residential (R5C) zone. 2. SRO Units and SRO Buildings shall be further regulated through the Zoning By-law and Licensing By-law NOTE: The previous option presented to Council recommended amending the Zoning By-law and introducing a Licensing By-law to regulate the use. These have both been refined through the additional work undertaken since November. The feedback obtained through the online survey, stakeholders and those who attended the Public Information Centre indicates that the majority of those we have consulted believe that regulating the use is important. The proposed Zoning By-law Amendment and Licensing By-law will provide for a level of regulation for SRO units that is enforceable, ensures the safety oftheoccupant and considers cost implications for operators. 3. SRO Units and SRO Buildings are not subject to demolition and conversion control NOTE: The November 2018 option included a recommendation that the SRO units and buildings be subject to demolition and conversion control which would prohibit demolition or redevelopment of these properties without providing for replacement units. Feedback received indicated that applying a specific demolition and conversion control by-law for SRO units and buildings, outside of a broader municipal study to examine demolition and conversion control and protection of residential rental units city-wide, was premature. 4. Parking, lot frontage, front yard depth, interior side yard width, exterior side yard width, rear yard depth, height, lot coverage are all permitted as legally existing NOTE: It would be difficult, and cost prohibitive to the operator, to introduce a set of new standards which would apply to these buildings given they are already existing structures. As a result, the recommended option allows for the conditions as legally existing on the day of the passing ofthe By- law to continue to apply. Page 256 of 281 Page 367 of 515 5. Accessory uses (e.g. a converted motel unit to provide common amenity space or community use) are permitted NOTE: Through discussions with community organizations, as well as during site visits, itwas revealed that some ofthese buildings provide additional services in the form ofcommunity rooms, a common kitchen and a food1donation area. Retaining and permitting these elements within the building was identified as important by many stakeholders representing a variety of interests. This was also reinforced by members ofthe public who attended the Public Information Centre on March 18t^ who indicated that regulations should provide an opportunity forcommon space and community uses on site. 6. Any person wishing to operate with SRO Units, in whole or in part, must obtain a license to do so NOTE: Through consultation undertaken through earlierphoses ofthe project, as well as the additional consultation undertaken as directed by Council, there was a general consensus that additional oversight should be required for this use to ensure each operation is in compliance with a clearly defined set of regulations. Much of the feedback obtained from those consulted with respect to standards foroperation has been includedwithin the Licensing By-law. The Licensing By-law includes the following requirements, among others: Compliance with the Ontario Building Code; Compliance with theFire Code; Compliance with the ProperryStandards By-law, Acknowledgement from the Medical Officer of Health of compliance with applicable health regulations andthatthepremises are in asanitary condition; Verification from an electrician that an electrical inspection has occurred and the property is in compliance with the applicable standards setout in the Ontario ElectricalSafety Code; Verification from a heating contractor that the heating system is in safe working order, Ann ual inspection by FireServices and Property Standards; Individual units are to contain a private bathroom, a refrigerator or mini -fridge and an area for foodpreparation and consumption; and, On-site2477property managerrequiredforanyproperrycontaining more than ten (10)units. Page 257 of 281 Page 368 of 515 June 25, 2019 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-2019-39, Final MHBC Boarding House Study 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 has reviewed the Final MHBC Boarding House Study and can not support a city-wide adoption of the ‘as of right’ proposed SRO Units / SRO Building model. Commercial / Tourism-Commercial zones need to focus on economic development. The Lundy’s Lane BIA is mandated to develop, create and maintain a healthy environment for business to prosper and ultimately benefit the community as a whole. The LLBIA is very proud of our strong working relationship with Council and staff on the development of strategic plans like the Lundy’s Lane Streetscape Master Plan and Community Improvement Plan. These initiatives are to develop an enhanced public realm as well as incentivization for new investment and Façade & Landscape Improvement Grants to help spur the private sector. The LLCIP promotes residential intensification along the Lundy’s Lane corridor in accordance with the Urban Design Guidelines that have been laid out to ensure a healthy and vibrant community to live and do business in. The adoption of this city-wide ‘as-of-right’ proposal will greatly affect the confidence of investors and create a high level of uncertainty amongst current business operators in the City’s vital Commercial / Tourist Commercial Zones. Though unintended, this proposal will have significant detrimental long-term effects that will seriously hinder positive growth and create a whole slew of new problems. Council must resist this ‘easy fix’ approach to deal with the issues that currently exist in affordable social housing. The Lundy’s Lane BIA has been on record since day 1 that the BIA is very willing to be part of any task force or initiative that looks at developing sustainable and livable affordable housing in Niagara. 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 258 of 281 Page 369 of 515 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 259 of 281 Page 370 of 515 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 260 of 281 Page 371 of 515 Planningnnn_d File:, 0 510. File AM 2019005: Single Room Occupancies Converting motels into "single room occupancy units", also referred to as boarding houses, is an admirable effort to provide affordable housing for those less fortunate in our community. This could also be a viable option for the owners of these motels that cannot compete in today's tourist market. These motels are all located in an area that is already zoned for this type of commercial venture, an area unlike a residential area where neighbours and other businesses expect heavier traffic and higher density accommodations. Yet, much concern has been expressed by businesses and neighbours in the vicinity of these motels. Problems associated with a different clientele, the fear of these units falling into a state of disrepair, and the distinct possibility of property depreciation, and loss of business pose legitimate questions for these neighbours. My street however is a quiet residential area, where you would not expect these type of problems, but we have been plagued with these same concerns, associated with the residents that would be considered a boarding house. Turning a 5 -bedroom house into an 8 -bedroom house to accommodate up to 11 boarders, cramming 6 cars into a driveway at night to avoid overnight parking fines, then moving them onto the public street during the day, and the extreme traffic and noise associated with the excessive occupancy of this house has led to an untenable situation for the residents at the end of this quiet crescent. If you are going to resolve these problems associated with "single room occupancies" in our commercial zones then you must address these same problems that occur in our residential zones, where residents should not have to put up with this incursion into their neighbourhoods. Since "single room occupancy" rentals have also been referred to as "boarding houses" and since we presently do not have a bylaw to regulate boarding houses, I would ask city staff to implement a zoning and licensing bylaw, to regulate this type of housing, not just for these motels but for all buildings in our city that fit the definition of a boarding house. Thank you, Ross Hicks 6159 Harvey Street,L2J2A9 905)-354-9946 MAR 19 2019 Page 261 of 281 Page 372 of 515 March 17, 2019 Mr. John Barnsley Manager of Policy Planning Re: Single Room Occupancy Buildings and Units Dear Sir I live in an area zoned residential and expect to have a particular quality of life associated with home ownership. Granted everyone needs a place to live but not at the expense of other people. The City of Niagara Falls has deleted the term "family" from the bylaw regarding renting rooms within a private residence. Unfortunately, this amendment is being abused by some home owners causing great discord within the surrounding community. My neighbour at 6169 Harvey Street is one such abuser and has more tenants than there are parking spots. The street I live on is now no longer a street but a permanent parking spot for the tenants. Due to the number of cars (six) the activity is constant and the view is of cars parked in front of my house for as long as twelve hours. If there is not enough room with their friends visiting, they have encroached the bottom of neighbour driveways and tensions have spilled out to the street. The abuser at 6169 Harvey Street is not licensed by the City thus denying the City access to view the premises after numerous complaints from neighbours. With the City of Niagara Falls deleting the term 'family' from the law regarding renting rooms in private residences, and not requiring these landlords of private residences to be licensed, failure has resulted in several areas. Safety: No licensing means no inspection of premises regarding fire issues. Street Issues: No licensing means cramming tenants into a house regardless of space for their vehicles causing the street becoming a parking lot. After constant complaining from neighbours, 'no parking' signs had to be erected. Waste management vehicles have had problems and neighbours are concerned of large emergency vehicles such as fire trucks not being able to access homes near the abuser. Peace: There is discord within the community here and anger towards the City. Property Values: Due to unsightliness of the increased number of cars, house values has dropped. We would like the City to require a license by private home owners renting to non family and ensure that free standing parking is a requirement. My quality of life has eroded to a certain point due to the City neglecting to have these people licensed and to ensure particular rules regarding parking are applied to these people. Thank you. Janice Opie 6189 Harvey Street Page 262 of 281 Page 373 of 515 June 25, 2019 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-2019-39, Final MHBC Boarding House Study Yesterday we became aware of the above referenced report being presented at city council tonight. In January 2018 the Technical Advisory Committee 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 but is in fact is at minimum a province wide problem. There is no single easy solution to solve this issue. There is concern that this, as presented, is not a realistic solution in predominately tourist commercial areas. The Fallsview BIA does not support a city-wide adoption of the ‘as of right’ proposed SRO Units / SRO Building model. Commercial / Tourism-Commercial zones need to focus on economic development. The adoption of this city-wide ‘as-of-right’ proposal will very likely affect the confidence of investment and create much uncertainty amongst the City’s Commercial / Tourist Commercial business operators. We feel that this proposal could have significant negative long-term effects on growth and create a new set of issues. We are asking that the proposal as it exists be dismissed. Developing affordable housing is a critical need, however, we do not feel that this is the solution. Best Regards, Sue Mingle Executive Director, Fallsview BIA Page 263 of 281 Page 374 of 515 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 18Page 264 of 281 Page 375 of 515 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 18Page 265 of 281 Page 376 of 515 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 18Page 266 of 281 Page 377 of 515 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 18Page 267 of 281 Page 378 of 515 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 18Page 268 of 281 Page 379 of 515 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 18Page 269 of 281 Page 380 of 515 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 18Page 270 of 281 Page 381 of 515 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 18Page 271 of 281 Page 382 of 515 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 18Page 272 of 281 Page 383 of 515 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 18Page 273 of 281 Page 384 of 515  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 18Page 274 of 281 Page 385 of 515 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 18Page 275 of 281 Page 386 of 515 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 18Page 276 of 281 Page 387 of 515 Brian Dick, Manager of Policy Planning Submitted by: Status: Jason Burgess, CAO Approved - 13 Jan 2025 Page 14 of 18Page 277 of 281 Page 388 of 515 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 18Page 278 of 281 Page 389 of 515 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 18Page 279 of 281 Page 390 of 515 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 18Page 280 of 281 Page 391 of 515 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 18Page 281 of 281 Page 392 of 515 Single Room Occupancy C o u n c i l P r e s e n t a t i o n | F e b r u a r y 4 , 2 0 2 5 Planning DepartmentPage 393 of 515 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 in 2026.Page 394 of 515 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 395 of 515 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 396 of 515 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 397 of 515 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 398 of 515 A GREAT CITY…FOR GENERATIONS TO COME Next Steps: Phase 2 (2026) (2026) ❑Move with amendments to the Official Plan, Zoning By-law and Licensing By-law. ❑Conduct further public consultation, including surveys and open houses. ❑Present findings and draft amendments at a statutory public meeting.Page 399 of 515 CAO-2025-03 Clerks Report Report to: Mayor and Council Date: February 4, 2025 Title: Mid-Term Requests and Adjustments for Advisory Committees of Council Recommendation(s) 1. That Council ALLOW Staff to commence the application process to fill recent vacancies on the Senior's Advisory Committee and Heritage Committee; and 2. That Council ALLOW for the Senior Advisory Committee, Anti-Racism Committee, Environmental Committee and Heritage Committee to implement a range of committee members for the remainder of the 2022-2026 Council Term; and 3. That Council ALLOW Staff to open the application process when a committee is below their minimum threshold of members. Executive Summary The goal of this report is to make Council aware of the vacancies that exist with various committees, request that the application process be opened for several committees in hopes that Council can then make further appointments to fill the current vacancies. Furthermore, staff will look to offer a solution to streamline the appointment process for the remainder of the term. Background Filling of Two Vacancies The first recommendation is to address the two vacancies on the Heritage Committee and Seniors Advisory Committees. Both committees are looking to bring their compliment up to ensure they are able to carryon with their mandate. Upon council's approval staff will open the application process for one month and present the completed applications to Council at a further meeting for their review and appointment of members. Introducing a Range of Committee Members Over the past few months there has been an increase of advisory committees experiencing vacancies that decrease their compliment below what is established in the Terms of Reference. Page 1 of 3 Page 400 of 515 In an effort to reduce these requests to Council, staff are proposing a range of committee members for certain committees. These committees include: Committee Current Number Suggested Range Anti-Racism 9 8-10 Seniors Advisory Committee 8 7-9 Heritage Committee 7 7-9 Environmental Action Committee 15 14-16 This list is not inclusive of all Council Advisory Committees as other committees already have established ranges. The request would be to extend this range to the end of this Council term, at which point we are hoping to conduct a review of the committees to ensure the compliments highlighted in the Terms of Reference are reflective of their mandates. By implementing these ranges the goal is to reduce the number of requests to council to receive applications for committee vacancies until the end of this term. Staff Commencement of the Application Process Traditionally, once a committee vacancy is announced, staff come to Council requesting that the vacancy be filled. This process takes time to ensure that Council is notified, a motion is passed, and then the application can be posted for the public to apply. Staff are hoping to expedite processes by asking Council to allow staff to open the application process without asking for council to pass a resolution to proceed with receiving applications. Council would be notified via memo that the committee fell below their minimum threshold at the next Council meeting, that the portal to receive applications is open and that applications will be presented to council at an upcoming meeting. Allowing staff to open the application process will reduce the vacancy time, in hopes of expediting the process. Financial Implications/Budget Impact This would not have a monetary financial implication of dollars. This would be a savings of staff time. In hopes of fewer applications being required to fill vacancies, organizing applications, and writing reports to council. Strategic Plan Pillars Page 2 of 3 Page 401 of 515 Written by: Margaret Corbett, Deputy City Clerk Submitted by: Status: Bill Matson, City Clerk Approved - 30 Jan 2025 Jason Burgess, CAO Approved - 30 Jan 2025 Page 3 of 3 Page 402 of 515 CAO-2025-04 Fire Report Report to: Mayor and Council Date: February 4, 2025 Title: Self Contained Breathing Apparatus (SCBA) Decontamination Washer Project Capital Budget Amendment Recommendation(s) THAT Council APPROVE a 2025 Capital Budget Amendment to create project F-112-25 for the Self Contained Breathing Apparatus (SCBA) Decontamination Washer project with a total budget of $58,000 (inclusive of non-recoverable HST), to be funded by the Ministry of the Solicitor General, Fire Protection Grant 2024-25; And THAT Council permit a Single Source procurement with A.J. Stone Company Ltd. in the amount of $49,606.00 excluding HST to purchase a MEIKO decontamination washer in accordance with Section 18 of the City’s Procurement By-Law No. 2021-04. Executive Summary The City was successful in the application for funding under the Ministry of the Solicitor General, Fire Protection Grant stream and received grant funding of $58,000 on January 28, 2025. This funding was applied for to acquire a Self Contained Breathing Apparatus (SCBA) decontamination washer to reduce firefighter exposure to harmful carcinogens. Since this was not specifically budgeted in the 2025 capital budget, as funding approvals were announced in January 2025, staff is recommending that this capital budget amendment be funded by the grant funding. Background On March 26, 2024 the Ontario government announced a new three-year $30 million Fire Protection Grant for municipal fire departments. Municipal fire departments were able to apply for funding to acquire critical equipment and other needs (health and safety, minor infrastructure and specialized tools) to improve and enhance the level of fire protection service being provided. Year one of the Fire Protection Grant focuses on firefighter health and safety (specifically cancer prevention measures) and minor infrastructure updates. These themes were chosen based on feedback from fire stakeholders across Ontario about the challenges and risks firefighters face in performing their duties. Page 1 of 3 Page 403 of 515 The Ministry has identified four categories of eligibility:  Cancer Prevention – Equipment (such as exhaust extraction systems in the fire station or washing machines for firefighting gear to remove contaminants, etc.).  Cancer Prevention - Personal Protective Equipment (such as facepieces, balaclavas, etc.).  Cancer Prevention – Minor Infrastructure (such as showers in the fire station, etc.).  Technology – Minor Infrastructure (such as bringing internet to fire stations that do not currently have access to improve connectivity and training opportunities, etc.). The grant application window opened on July 23, 2024, and closed on September 5, 2024. The City received notice of approval on January 7, 2025, and funding was received on January 28, 2025. Analysis The Grant requires that funds must be committed to the project by March 31, 2025 and spent by the City before December 31, 2025. A budgetary quote was obtained to supply and install a Decontamination Washer Unit in support of the grant application with an estimated cost of $49,606.00 (excluding HST). Staff have indicated that only two brands of decontamination washer units meet the SCBA warranty stipulations however, the MEIKO brand provides for the necessary additional capacity requirements allowing for twice the number of SCBA’s to be decontaminated in one cycle and are therefore recommending a single source purchase in accordance with the City’s Procurement By-law 2021-04. Staff will ensure that the proper procurement policies are followed and ensure that funds are committed before the March 31, 2025 deadline. Operational Implications and Risk Analysis As a condition of the Fire Protection Grant, a report back to the Ministry of the Solicitor General must be received by the end of Provincial Financial Quarter, Q3, to outline how the grant was utilized and the benefit(s) seen at the department level. Financial Implications/Budget Impact Staff is recommending the creation of capital project F-112-25 and a 2025 Capital Budget Amendment of $58,000 funded by the Fire Protection Grant 2024-25. Strategic/Departmental Alignment This aligns with the City’s Strategic priority of “Responsible and Transparent Financial Management.” Page 2 of 3 Page 404 of 515 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: Jo Zambito, Fire Chief Submitted by: Status: Jo Zambito, Fire Chief Approved - 31 Jan 2025 Jason Burgess, CAO Approved - 31 Jan 2025 Page 3 of 3 Page 405 of 515 CS-2025-18 Finance Report Report to: Mayor and Council Date: February 4, 2025 Title: 2024 Q3 Water/Wastewater Fund Budget to Actual Variance (Unaudited) Recommendation(s) THAT Council RECEIVE the 2024 Q3 Water and Wastewater Fund Budget to Actual Variance report for the period ended September 30, 2024 for information. 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 period ended September 30, 2024 for both the Water Fund and the Wastewater Fund. Within attachments 1 and 2, if there is a note number notation to the right of the variance column, there is a corresponding explanation to that note number located in the analysis section of this report. Please refer to this report in conjunction with the attachments. Background Council has expressed a desire to view actuals in conjunction with the budget. One goal of the Finance department is to provide Council with regular, quarterly budget variance reports which has been occurring for the Water and Wastewater budget since Q3 2022. Analysis WATER FUND (FUND 15) Attachment 1 contains the Water Fund 2024 Q3 budget to actual variance. The subsequent notes correspond to the statement in Attachment 1. Revenues 1. User Fees has a favourable variance of $719,656 or 3.6% at Q3 2024 due to more water being used/billed than anticipated. Specifically Water Volumetric Charges have a favourable variance however this is offset by an unfavourable variance of $688,568 or 9.5% in Regional Volumetric Charges as the City pays the Region for water used and then bills to the end user. Page 1 of 8 Page 406 of 515 2. From Development Charges has an unfavourable variance of $504,503 at Q3 2024. Due to Debt charge recovery placeholders for MS64-23 Montrose/Bigger/Reixinger Road Reconstruction $115,731 and W62-21 Rexinger Watermain loop and Hospital Servicing $556,939. There is a corresponding favourable variance offset in To Capital SPR (DC Debt Placeholder). Expenses 3. Labour and Benefits has a favourable variance of $374,482 or 13.4% at Q3 2024 in the Water Fund and $85,524 or 5.2% in the Wastewater Fund. The budgeting process estimates labour allocation between water and wastewater based on expected needs and department distribution. However, unforeseen water main breaks or complications can shift the allocation. The cumulative variance for labour, benefits, and overtime between the water and wastewater funds is favorable at $460,000 variance at Q3 2024 end driven mainly by vacancies and gapping. 4. Materials has an unfavourable variance of $249,780 or 31.3% at Q3 2024 due to an increase in material costs. In addition the City has been catching up on legacy restorations as COVID caused delays, this resulted in an increase in aggregate and asphalt costs from a few large restorations. While the budget for this line is based on historical trends, actual figures often deviate from the budgeted amounts due to uncertainties. 5. Professional Development has an unfavourable variance of $15,351 or 54.6% at Q3 2024. This is driven by legislative training requirements and catchup from the COVID-19 impacted years. WASTEWATER FUND (FUND 16) Attachment 2 contains the Wastewater Fund 2024 Q2 budget to actual variance. The notes below correspond to the statement in Attachment 2. Revenue 6. From Special Purpose Reserves has an unfavourable variance of $611,250 at Q3 2024. The SPR is budgeted to offset budgeted spending in Sanitary Systems R&D contracted services: $200,000 for Weeping Tile Removal and $50,000 for Local Drainage Assist Program as the City has reserves for these items. In addition there was $500,000 budgeted as a transfer from Wastewater Stabilization reserve to partially mitigate Regional increases and $65,000 budgeted to offset older tenant balance write offs. These entries will be made in Q4. Page 2 of 8 Page 407 of 515 7. Development Charges has an unfavourable variance of $207,004 or 26.4% at Q3 2024 due to Debt charge recovery placeholders for MS64-23 Montrose/Bigger/Reixinger Road Reconstruction $276,005. There is a corresponding favourable variance offset in To Capital SPR (DC Debt Placeholder). Expenses 8. Materials has a favourable variance of $92,181 or 42.5% at Q3 2024. While the budget for this line is based on historical trends, actual figures often deviate from the budgeted amounts due to uncertainties. 9. Contracted Services has a favourable variance of $444,512 or 2.7% at Q3 2024. This is primarily due to underspending in utility locates, lower than anticipated emergency repairs in 2024 under sanitary systems maintenance and lower than anticipated expenses in sanitary systems research & development. 10. External Transfers has a favourable variance of $167,163 or 63.7% at Q3 2024. This is the budget for the 2024 Weeping Tile Assistance program (WRAP). This is offset by the unfavourable variance in transfer from Special Purpose Reserve item #6. Financial Implications/Budget Impact This report is financial in nature with details throughout. Financial implications regarding variances have been communicated above in the analysis section. Strategic/Departmental Alignment This report is consistent with the following Council strategic commitments: 1. To be financially responsible to the residents of Niagara Falls by practicing prudent fiscal management of existing resources, and by making sound long- term choices that allow core City programs and services to be sustainable now and into the future. 2. To be efficient and effective in our delivery of municipal services and use of resources, and accountable to our citizens and stakeholders. Strategic Plan Pillars Sustainability - Financial Effectively managing the City’s financial resources to meet our current and future obligations without relying on external funding sources or sacrificing our ability to deliver essential services to our residents . List of Attachments Page 3 of 8 Page 408 of 515 CS-2025-18 Attachment 1 – 2024 Q3 Water Fund Budget to Actual Comparison (unaudited) CS-2025-18 Attachment 2 – 2024 Q3 Wastewater Fund Budget to Actual Comparison (unaudited) Written by: Sebastian Zukowski, Senior Financial Analyst Tiffany Clark, Director of Finance Submitted by: Status: Tiffany Clark, Director of Finance Approved - 28 Jan 2025 Shelley Darlington, General Manager of Corporate Services Approved - 28 Jan 2025 Jason Burgess, CAO Approved - 29 Jan 2025 Page 4 of 8 Page 409 of 515 Attachment 1 - 2024 Q3 Water Fund Budget to Actual Variance (unaudited)CS-2025-18 Feb 4, 2025 Annual Budget Budget to Sept 30 (75%) Actuals (Over)/ Under Budget Variance (Over)/ Under Budget Used 2024 2024 2024 $%% REVENUES Penalties 62,700 47,025 53,394 (6,369)(13.5%)85.2% Sales 225,000 168,750 110,680 58,070 34.4%49.2% User Fees 26,915,836 20,186,877 20,906,533 (719,656)(3.6%)77.7%[1] Miscellaneous Revenue 27,203,536 20,402,652 21,070,607 (667,955)(3.3%)77.5% From Special Purpose Reserves 65,000 48,750 0 48,750 100.0% 0.0% From Development Charges 672,670 504,503 0 504,503 100.0%0.0%[2] Internal Transfers 737,670 553,253 0 553,253 100.0%0.0% TOTAL REVENUE 27,941,206 20,955,905 21,070,607 (114,702) (0.5%) 75.4% 2024 Third Quarter Budget to Actual Comparison WATER FUND Page 5 of 8 Page 410 of 515 Attachment 1 - 2024 Q3 Water Fund Budget to Actual Variance (unaudited)CS-2025-18 Feb 4, 2025 Annual Budget Budget to Sept 30 (75%) Actuals (Over)/ Under Budget Variance (Over)/ Under Budget Used 2024 2024 2024 $%% 2024 Third Quarter Budget to Actual Comparison WATER FUND EXPENSES Labour 2,812,007 2,109,005 1,798,828 310,178 14.7%64.0% Employee Benefits Allocation 849,465 637,099 567,222 69,877 11.0%66.8% Overtime 65,000 48,750 54,322 (5,572)(11.4%)83.6% Labour and Benefits 3,726,472 2,794,854 2,420,372 374,482 13.4%65.0%[3] Advertising/News Release 0 0 0 0 0.0%0.0% Conferences/Conventions 3,000 2,250 0 2,250 100.0%0.0% Insurance Premiums 191,007 143,255 133,576 9,680 6.8%69.9% Materials 1,063,600 797,700 1,226,672 (428,972)(53.8%)115.3%[4] Software Costs 87,400 65,550 62,408 3,142 4.8%71.4% Office Supplies 12,500 9,375 13,107 (3,732)(39.8%)104.9% Professional Development 37,500 28,125 43,476 (15,351)(54.6%)115.9%[5] WSIB 30,000 22,500 29,179 (6,679)(29.7%)97.3% Materials 1,425,007 1,068,755 1,508,418 (439,662)(41.1%)105.9% Electricity 500 375 313 62 16.6%62.6% Utilities 500 375 313 62 16.6%62.6% Contracted Services 1,656,000 1,242,000 1,260,706 (18,706)(1.5%)76.1% Volumetric Regional Charges 9,699,737 7,274,803 7,963,371 (688,568)(9.5%)82.1%[1] Fixed Regional Charges 3,336,284 2,502,213 2,502,216 (3)(0.0%)75.0% Contracted Services 14,692,021 11,019,016 11,726,293 (707,278)(6.4%)79.8% Rents and Financial Expenses 318,820 239,115 265,202 (26,087)(10.9%)83.2% Long Term Interest 147,933 110,950 172,965 (62,015)(55.9%)116.9% Long Term Debt Principal 184,190 138,143 138,142 0 0.0%75.0% Debt Charges 332,123 249,092 311,107 (62,015)(24.9%)93.7% Internal Rent 492,414 369,311 359,759 9,552 2.6%73.1% Indirect Costs 147,247 110,435 110,435 0 0.0%75.0% Interdepartmental Transfers 0 0 (339)339 0.0%0.0% To Capital SPR 6,105,000 4,578,750 4,560,000 18,750 0.4%74.7% To CSPR (Debt Placeholder)28,932 21,699 0 21,699 100.0%0.0% To CSPR (DC Debt Placeholder)672,670 504,503 0 504,503 100.0%0.0%[2] Internal Transfers 7,446,263 5,584,697 5,029,855 554,843 9.9%67.5% TOTAL EXPENSES 27,941,206 20,955,905 21,261,560 (305,655) (1.5%) 76.1% (Surplus)/Deficit 0 0 190,953 (190,953) Page 6 of 8 Page 411 of 515 Attachment 2 - 2024 Q3 Wastewater Fund Budget to Actual Variance (unaudited)CS-2025-18 Feb 4, 2025 Budget Budget to Sept 30 (75%) Actuals (Over)/ Under Budget Variance (Over)/ Under Budget Used 2024 2024 2024 $%% REVENUES Penalties 69,300 51,975 69,241 (17,266)(33.2%)99.9% User Fees 31,883,836 23,912,877 24,067,702 (154,825)(0.6%)75.5% Miscellaneous Revenue 31,953,136 23,964,852 24,136,943 (172,091)(0.7%)75.5% From Special Purpose Reserves 815,000 611,250 0 611,250 100.0%0.0%[6] From Development Charges 1,043,891 782,918 575,915 207,004 26.4%55.2%[7] Internal Transfers 1,858,891 1,394,168 575,915 818,254 58.7%31.0% TOTAL REVENUE 33,812,027 25,359,020 24,712,857 646,163 2.5% 73.1% 2024 Third Quarter Budget to Actual Comparison WASTEWATER FUND Page 7 of 8 Page 412 of 515 Attachment 2 - 2024 Q3 Wastewater Fund Budget to Actual Variance (unaudited)CS-2025-18 Feb 4, 2025 Budget Budget to Sept 30 (75%) Actuals (Over)/ Under Budget Variance (Over)/ Under Budget Used 2024 2024 2024 $%% 2024 Third Quarter Budget to Actual Comparison WASTEWATER FUND EXPENSES Labour 1,660,952 1,245,714 1,156,357 89,357 7.2%69.6% Employee Benefits Allocation 500,549 375,412 355,569 19,843 5.3%71.0% Overtime 39,000 29,250 52,926 (23,676)(80.9%)135.7% Labour and Benefits 2,200,501 1,650,376 1,564,851 85,524 5.2%71.1%[3] Insurance Premiums 235,108 176,331 144,682 31,649 17.9%61.5% Materials 289,000 216,750 124,569 92,181 42.5%43.1%[8] Office Supplies 150 113 0 113 100.0%0.0% Professional Development 10,000 7,500 0 7,500 100.0%0.0% WSIB 40,000 30,000 36,376 (6,376)(21.3%)90.9% Materials 574,258 430,694 305,627 125,067 29.0%53.2% Electricity 2,900 2,175 2,347 (172)(7.9%)80.9% Utilities 2,900 2,175 2,347 (172)(7.9%)80.9% Contracted Services 1,924,000 1,443,000 949,573 493,427 34.2%49.4% Fixed Regional Charges 20,272,624 15,204,468 15,253,383 (48,915)(0.3%)75.2% Contracted Services 22,196,624 16,647,468 16,202,956 444,512 2.7%73.0%[9] Rents and Financial Expenses 153,500 115,125 123,765 (8,640)(7.5%)80.6% External Transfers 350,000 262,500 95,337 167,163 63.7%27.2%[10] Long Term Interest 317,142 237,857 237,856 0 0.0%75.0% Long Term Debt 782,868 587,151 587,151 0 0.0%75.0% Debt Charges 1,100,010 825,008 825,007 0 0.0%75.0% Internal Rent 241,981 181,486 162,850 18,636 10.3%67.3% Indirect Costs 147,247 110,435 110,435 0 0.0%75.0% To Capital 0 0 0 0 0.0%0.0% To Capital SPR 6,500,000 4,875,000 4,875,000 0 0.0%75.0% To CSPR (Debt Placeholder)69,001 51,751 0 51,751 100.0%0.0% To CSPR (DC Debt Placeholder)276,005 207,004 0 207,004 100.0%0.0%[7] Internal Transfers 7,234,234 5,425,676 5,148,285 277,390 5.1%71.2% TOTAL EXPENSES 33,812,027 25,359,020 24,268,176 1,090,845 4.3% 71.8% (Surplus)/Deficit 0 0 (444,682) 444,682 Page 8 of 8 Page 413 of 515 1 Heather Ruzylo Subject:Renewal Request and Flag-Raising Proposal: December as Christian Heritage Month 2025 From: Carey Campbell <ccampbell@niagarafalls.ca> Sent: Friday, January 3, 2025 10:15 AM To: Molly Banerjei < >; Jim Diodati <jdiodati@niagarafalls.ca>; Bill Matson <billmatson@niagarafalls.ca>; Heather Ruzylo <hruzylo@niagarafalls.ca>; Kristine Elia <kelia@niagarafalls.ca> Cc: Emily Tropea <etropea@niagarafalls.ca> Subject: RE: [EXTERNAL]-Renewal Request and Flag-Raising Proposal: December as Christian Heritage Month 2025 Dear Molly: Thanks for your note and for being in touch with Mayor Diodati to follow up on your request for a declaration and flag-raising. This request will need to come to Council once again and our City Clerk’s Office team members are included here in order to follow up. I trust they’ll be in touch further. 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: Molly Banerjei Sent: Thursday, January 2, 2025 3:52 PM To: Jim Diodati <jdiodati@niagarafalls.ca> Subject: [EXTERNAL]-Renewal Request and Flag-Raising Proposal: December as Christian Heritage Month 2025 Dear Mayor Jim Diodati and Members of Niagara Falls City Council, Happy New Year! Thank you for declaring December 2024 as Christian Heritage Month. Your support has been greatly appreciated and has positively impacted our community. I am writing to kindly request the renewal of this declaration for December 2025, allowing us to continue celebrating the Christian faith’s contributions to Niagara Falls’ history, culture, and values. We are also excited to share that because of our advocacy and hard work, nearly 50 additional municipalities, 3 regions across Canada, and the province of Saskatchewan have joined in declaring December as Christian Page 414 of 515 2 Heritage Month. This growing national campaign reflects a shared commitment to honoring heritage and fostering unity. Additionally, I would like to propose including a flag-raising ceremony this year to provide a meaningful and visible way to recognize Christian Heritage Month. If possible, may I also request that a councillor consider introducing a motion at the next council meeting? This would establish a meaningful city tradition that the entire community can plan and look forward to. Thank you for your continued leadership and consideration. Gratefully Yours, Molly Banerjei CEO Christian Heritage Month Initiative www.Christianheritagemonth.ca www.ChristianMusicFestival.org Love Serve Unite. Building Strong Communities. 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 415 of 515 65 Overlea Blvd., Suite 230, Toronto, ON, M4H 1P1, Canada P: +1 416 696 2420; F: +1 416 696 8019, e-mail: Consulate.Toronto@mfa.bg; bulcontor@primus.ca YOUR WORSHIP MAYOR JIM DIODATI MAYOR OF THE CITY OF NIAGARA FALLS LADIES AND GENTLEMEN, DEAR FRIENDS, On behalf of the Government of the Republic of Bulgaria as well as on my own behalf, I would like to extend the assurances of the highest consideration of mine to you and to the institutions you represent. The relations between the Republic of Bulgaria and Canada have enjoyed a remarkable trend of perpetual enhancement over the last many years. I am honored to underscore that the year 2025 marked a special Anniversary – 59 years since the establishment of diplomatic ties between our allied countries. As we have been doing the Flag Raising ceremony for 4 years now we would like to ask you to do that again on March 3, 2025. And if there is any possibility to do a Proclamation March 3 to be a “Bulgarian Heritage Day” in Niagara Falls. Our relations show that we have strengthened our cooperation in a number of areas of mutual interest and concern such as economy, trade and investment, culture, education, people-to-people contacts and more. Over the years thousands of Bulgarians have made the choice to make Canada their home. And many of them live now in Niagara Falls and the province of Ontario. Thank you very much in advance! Yours, Velislava Panova Consul General, Republic of Bulgaria Page 416 of 515 January 23, 2025 Attn: Bill Matson, City Clerk City of Niagara Falls 3434 Queen Street Niagara Falls, ON Re: Flag-Raising- Polish National Union of Canada Branch # 12 in Niagara Falls Dear Mr. Matson: Please accept this letter as a formal request to raise the Poland’s National flag at Niagara Falls City Hall on Saturday, May 3rd 2025 to bring awareness in our community and officially celebrate Poland’s “May 3rd Constitution Day” and also to mark “Polish Heritage Month” which is observe, every year in the month of May. As you may be aware, Polish Constitution Day (which takes place each year on May 3rd) marks the declaration and adoption of Poland’s first constitution, which took place on the 3rd of May in 1791. It was the first constitution in modern Europe and second in the world, following the American one. This year we will observe 234rd Anniversary. Thank you for your time and consideration. I look forward to your feedback. Sincerely, Jan Dabrowski Polish National Union of Canada Branch # 12 in Niagara Falls Page 417 of 515 m8~§m$§ __oc:oo35FemLmnEmEw zmvo?..23:8“.L965. .m__m.._Emm?z:_>ao30:22:53222..35thmmmmom.gmm =a<E500632¢;ov.w__mn_Swami“6L282£305.5.8:5: _.mmOme—mr... ”cozmce?529mg.630¢th05mc?ao? E29Emtoagcm33965552:Ucmcosmozum.mmmcmhmimw<mmm1>> vcm”296E_m_ocmccLommc?wmooa tsoo.ommEmE93ScamcozmrEoEBataoaamgmemsomEgm?mmou.0E:vcm co=m0_::EEoo5:98.53>oatmtBE.250m909ango2E28mScam2025mm: mcimmqm22:05cozmcgmREES”620328025mm:9:59:8w<m1m1>> EB”5:8;.2895van3E9:MEEom5:599:95:8vcm3:23£025:5 Bcwcoz?g9.32m8En::9:D6220m$2690cozmcmzm5:93.w<mm_m_.._>> 9569259:$0552889:0639:93995 98.3896cam20398365:00:9;EmSooo:ozmce?REES.w<mmm_._>> «Nam>50$32954.9.25:2?52.2mm mo.w__£a._mmm_:©=muo_u_ hmnn-wnn.momV"xam Fo~¢.meFumh-mmn.momv mo.w__mhm._mmw_:.>>>>>>53m£95 36m220.23".«$32 22xom.o.n_ 32552529. =u1>=o 2285E;.93:Page 418 of 515 1 Heather Ruzylo Subject:Follow-Up: PHAM Declaration and Event in Niagara Falls From: David Harper <drdave@maverickhealth.ca> Sent: Thursday, January 16, 2025 10:27 AM To: Emily Tropea <etropea@niagarafalls.ca>; Carey Campbell <ccampbell@niagarafalls.ca> Cc: phammovement@gmail.com <phammovement@gmail.com>; dbordenave@nfinnovationhub.ca <dbordenave@nfinnovationhub.ca> Subject: [EXTERNAL]-Follow-Up: PHAM Declaration and Event in Niagara Falls Dear Carey and Emily, I’m following up on my email from last Friday regarding the Preventative Health Awareness Month (PHAM) event on Sunday, February 2, 2025, and the opportunity for Niagara Falls to take the lead in this impactful initiative. I would like to request Mayor Jim Diodati’s official declaration of February 2025 as Preventative Health Awareness Month in Niagara Falls. This declaration would position the city as a leader in proactive health and wellness while supporting a national movement to empower Canadians to prioritize their health. Additionally, we hope Mayor Jim might encourage fellow mayors across Canada to join this effort, amplifying its reach and impact. You can find details about the event and registration here: Eventbrite - 2025 PHAM Launch in Niagara Falls. Please let me know if you need any additional information or would like to discuss this further. Thank you for your time and consideration, and I look forward to hearing from you. Warm regards, Dr. Dave Harper Maverick Health -- Dr. David W. Harper B.Sc., D.C., F.R.C.C.S.S. Niagara Falls Clinic - Monday 1 - 6 pm. / Tuesdays and Thursdays 9 - 6 pm / Fridays 9 - 1 pm. and Saturday 9 - 1 pm 4514 Queen Street Niagara Falls, ON Page 419 of 515 2 L2E 2L5 Inside Canada Clinics St. Catharines' Clinic - Monday 8 - 11 am / Wednesday 10 - 4 pm Friday 3 - 5 pm. 52 George Street St. Catharines, ON L2R 5N6 Inside BodyLab. Recovery Science 647-286-2941 please text first www.mosaiclifecare.com doctormovewell@gmail.com "Our clear goal for every patient is a safe and transformational experience by reclaiming their health potential from the devastating effects of sedentary living and poor lifestyle choices." 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 420 of 515 PLANNING, BUILDING & DEVELOPMENT Inter-Departmental Memo To: Bill Matson, City Clerk From: Julie Hannah, MCIP, RPP Manager of Policy Planning Date: February 4, 2025 Re: 2025 Heritage Week Proclamation At the January 22, 2025 meeting of the Municipal Heritage Committee, the following motion was made: “That Council is requested to proclaim the week of February 17-23, as Heritage Week 2025.” As part of Heritage Week activities, a free Heritage Lecture Series is planned for Saturday, February 22, 2025 at the Niagara Falls History Museum (5810 Ferry Street) from 1:00 to 3:00 p.m. There will be two presentations: • The Oswald House- speaker Ken Mokry • The Halfway- Revival of a Niagara Landmark- speaker Darren Schmahl All Councilors and members of the public are invited to attend. As the Municipal Heritage Committee recognizes the importance of the City’s heritage, they welcome this week as a time to share their enthusiasm and excitement with the residents of Niagara Falls and hope to heighten the awareness of the City’s heritage through events such as the Heritage Lecture Series at the Niagara Falls History Museum and would encourage all to attend. A proclamation is to be included in the Council agenda for February 4, 2025. Since 1974, Heritage Canada, a national organization has recognized the third Monday in February as Heritage Day. In 1985, the Ontario government expanded the day to a full week in order to recognize Ontario’s rich and diverse heritage. According to the Ontario Heritage Trust, many heritage-based organizations and municipalities have used the Heritage Day and Ontario Heritage Week as a vehicle to stimulate awareness of heritage resources and heritage related issues within their communities. To this end, the Municipal Heritage Committee would ask that Council proclaim the week of February 17-23, 2025 as Heritage Week in the City of Niagara Falls. Page 421 of 515 CLERKS DEPARTMENT Inter-Departmental Memo To: Mayor James M. Diodati & Members of Council From: Margaret Corbett, Deputy City Clerk, and Julie Hannah, Manager of Policy Planning Date: February 4, 2025 Re: Appointment(s) to Municipal Heritage Committee At the September 25, 2025 meeting of the Municipal Heritage Committee, a vacancy was declared. As such, the committee directed staff to request that Council allow for the vacancy to be filled. Upon request of the Municipal Heritage Committee, they are asking Council to allow staff to open the application process and receive applications from members of the public to fill the vacancy/vacancies. All completed applications will be brought back for Council’s consideration at a future meeting. Page 422 of 515 Bill Matson January 20, 2025 City Clerk City of Niagara Falls Niagara Falls, ON. Dear Bill: Please find the Victoria Centre Business Improvement Area Levy and Budget for 2025. This budget/levy of $93,600.00 was recently passed by the Board of Directors at their Board Meeting of December 12, 2024. With this budget, it represents the necessities to be performed, and focuses mostly on beatification in the area. The Board of Directors felt it was necessary to do more in beautification to keep the VCBIA a world class area. VCBIA is looking forward to its next phase being completed from Ellen Avenue to Stanley Avenue on the Ferry Street . We thank City Staff and City Council for there continuous support for the VCBIA. Sincerely, Tim Parker Office Administrator Victoria Center BIA . Cc : Eric Marcon Page 423 of 515 Administration 5050 Administration Salary $ 42,000.00 5036 Travel Expense 5000 Audit expense $ 5,500.00 5065 Interest on Loan 5090 Bank charges $ 200.00 5035 Office and miscellaneous $ 1,300.00 5045 Liability & Commercial Ins. $ 4,200.00 5055 Office Rent $ 3,500.00 5039 Computer Equipment/Repairs $ 250.00 5636 Business Luncheons $ 250.00 5640 Conference Attendance 5675 Internet Services $ 600.00 5635 Telephone $ 600.00 5655 Association Memberships $ 1,200.00 5037 Professional Fees 5010 Legal Fees $ - 5080 Taxes Written Off $ 15,000.00 $ 74,600.00 Marketing/Events 5250 Marketing Consultant $ - 5250 Website Management (incl. with consultant fees) $ 15,000.00 5025 Website Maintenance $ 2,000.00 5020 Marketing/Advertising/Billboards/Banner Ads $ 21,000.00 5150 Street Banners/Maintenance /Repairs $ 2,000.00 $ 40,000.00 Capital Projects 1300 Street Banners 1360 Street Decoration's /Ferris Wheel $ 5,000.00 Page 424 of 515 5100 Gateway Mural $ 40,000.00 1370 Street Benches $ 25,000.00 $ 70,000.00 Operating 5075 Convention Centre (commitment to 2021) 5060 Streetscaping (commitment to 2025) $ 50,000.00 5070 Lazar Show/Water Feature ( commit to 2024) 5185 Falls Illumination (commitment to 2020) 5100 Beautification - Flower Baskets $ 50,000.00 5100 Beautification - Flower Bed Plantings $ 35,000.00 5150 Area Maintenance $ 50,000.00 5170 Miscellaneous Event Sponsorship/3rd Party 5171 VCBIA Event Planning 5160 Winter Festival of Lights 5175 New Year's Eve 5165 NPC-Fireworks - summer 5166 Contingency $ 10,000.00 1250 HST Paid HST Cost $ 6,500.00 $201,500.00 Sub Total $386,100.00 Grant Revenue Taken From Reserves 5166 Contingency $ 11,500.00 5070 Lazar Show/Water Feature ( commit to 2024) $ 75,000.00 5170 Miscellaneous Event Sponsorship/3rd Party $196,000.00 5171 VCBIA Event Planning $ 10,000.00 5060 Streetscaping 5110 Capital Imp./City Of NF Commitment TOTAL BIA LEVY $ 93,600.00 Page 425 of 515 The Consulate General of the Republic of Kosovo in Toronto Konsullata e Pergiithshme e Republikes seKosoves 400 —150 Eglinton Ave E,Toronto ON M4P 1E8 Dear Mayor Diodati, The Consulate General ofthe Republic of Kosovo in Toronto presents its compliments to your esteemed office and extends our gratitude for the warm reception and productive discussions with Mayor Diodati during Consul General Dakaj’s mandate. In the spirit of our shared commitment to fostering collaborationand inclusivity,we would like to propose the following initiativesto celebrate and support the contributions of the Albanian-Kosovar community in Niagara Falls: 1.Flag Raising Ceremony:Organizing a ?ag-raising ceremony at Niagara Falls City Hall on or around February 17th,2025,to commemorate Kosovo’s Independence Day.We would be honouredto have Mayor Diodati join us on this occasion. 2.The Lighting of Niagara Falls:We would be delighted to havethe Niagara Falls lit in blue and yellow in honour of Kosovo’s Independence Day on February 17"‘this year.We arranged this with you last year,and would be delighted to see this effortcome to life again. 3.Community Recognition:As discussed in our previous meeting,exploring the possibilityof a commemorativegesture,suchas a statue honouring a notable Albanian?gure like Mother Teresa or naming a street in her memory,as a lasting tribute to the contributions of the Albanian- Kosovar community to the City of Niagara Falls. We believe these initiatives will not only highlight the cultural richness and historical signi?cance of the Albanian-Kosovarcommunity but also strengthen the bonds between Niagara Falls and its diverse residents The Consulate General remains committed to facilitating these efforts and supporting collaborative endeavours between our ethnic community in Canada and local institutions. We thank you foryour continued support and look forward to partnering with the City of Niagara Falls to bring these initiativesto life. Sincerely, Kadri D Consul General Page 426 of 515 DIIeterborou!J1’L500GeorgeStreetNorth,PeterboroughOntario,K9H3R9January21,2025Peterborough-KawarthaMPPDaveSmith;HonourableDougFord,Premier;HonourablePaulCalandra,MinisterofMunicipalAffairsandHousing;HonourableDougDowney,AttorneyGeneral;AssociationofMunicipalitiesofOntario;andCouncilsofeachofOntario’smunicipalities.Subject:Bill242,SaferMunicipalitiesAct,2024Thefollowingresolution,adoptedbyCityCouncilatitsmeetingheldonJanuary13,2025,isforwardedforyourconsideration.Whereas:1.Amunicipality’sparksandopenspacesarecriticalinfrastructurethatsupportastrongcommunity,andthepublic’ssharedandsafeuseofthemunicipality’sparksandopenspacesisintegraltoensuringthatsupport.2.Ontario’smunicipalitiesarestrugglingtomaintaintheirparksandopenspacesfortheirsharedandsafeusebythepublicasaresultoftheincreasingproliferationofencampmentsandillicitactivitiesrelatedthereto.3.Municipalitiesthatenforcetheirstandardsregulatingorprohibitingencampmentsintheirparksandopenspacesmusthaveregardtotheavailabilityofshelterspaceforthosewhoneedshelter.4.OnJanuary27,2023,JusticeValenteoftheOntarioSuperiorCourtofJusticerenderedhisjudgmentinWaterloo(RegionalMunicipality)v.PersonsUnknownandtobeAscertained(2023),[2023]O.J.No.417(WaterlooDecision)whichdeclaredthatthemunicipality’sby-lawviolatedsection7oftheCharterandwasthereforeinoperativeinsofarasitappliedtopreventencampmentresidentsfromerectingtemporarysheltersonasitewhenthenumberofhomelessindividualsintheregionexceededthenumberofaccessibleshelterbeds.5.TheWaterlooDecision’sanalysisoftheadequacyofshelterbedssuggestsanunworkableandunclearstandardthatgoesbeyondthenumberofshelterPeterhoromfl4It’saNatura.Page 427 of 515 I)(JIIpOfeerorouqspacesandthatincludestherequirementtoprovideshelterspacesthatmustaccommodateillicitdruguseandotheractivitiesthatcouldputshelterresidents,workersandvolunteersatrisk.Theresultisthatmunicipalitiesareimpairedintheirenforcementoftheirstandardsandhavelostorarelosingcontroloftheirparksandopenspaces.6.OnDecember12,2024,theHonourablePaulCalandra,MinisterofMunicipalAffairsandHousing,introducedBill242,SaferMunicipalitiesAct,2024.Amongitsvariousinitiatives,Bill242proposestoamendsection2oftheTrespasstoPropertyActbyaddingaggravatingfactorsthatmustbeconsideredinthecourt’sdeterminationofapenaltyunderthatsection.However,thekeychallengeisthatamunicipality’sexerciseofitsrightsatcommonlawandundersection9oftheTrespasstoPropertyActtoremoveencampmentsfromthemunicipality’sparksandopenspacesremainspotentiallysubjecttotheunworkableandunclearstandardfortheadequacyofshelterspacesuggestedbytheWaterlooDecision.7.Inthesecircumstances,municipalitiesneedprovinciallegislationthatclearlydefinesaworkablestandardforshelterspaceforthepurposesofamunicipality’sjurisdictiontoenforceitsstandardsregulatingorprohibitingencampmentsinitsparksandopenspaces.Nowtherefore,beitresolved:1.ThattheprovincialgovernmentberespectfullyrequestedtoamendBill242toclearlydefineaworkablestandardforshelterspaceforthepurposesofamunicipality’sjurisdictiontoenforceitsstandardsregulatingorprohibitingencampmentsinitsparksandopenspaces.2.That,withoutlimitation,Bill242providesthatamunicipalitywillhavemetthestandardforshelterspaceforthepurposesofthemunicipality’sjurisdictiontoenforceitsstandardsregulatingorprohibitingencampmentsinitsparksandopenspaces:a)despitetheestablishmentandenforcementofshelterrulesincludingrulesthatprohibitdruguseandotheractivitiesthatcouldputshelterresidents,workersandvolunteersatrisk;andb)ifanofficialdesignatedbythemunicipalityissatisfiedthatthenumberofavailableshelterspacesisatleastequaltotheaggregateofthenumberofindividualsactuallyseekingshelterandthenumberofindividualsagainstwhomthemunicipalityisplanningtoenforceitsstandardsregulatingorprohibitingencampmentsinitsparksandopenspaces.3.Thatacopyofthisresolutionbesentto:Page 428 of 515 a)Peterborough-KawarthaMPPDaveSmith;b)HonourableDougFord,Premier;c)HonourablePaulCalandra,MinisterofMunicipalAffairsandHousing;d)HonourableDougDowney,AttorneyGeneral;e)AssociationofMunicipalitiesofOntario;andtof)CouncilsofeachofOntario’smunicipalities.ofPeterboroughCouncilofPeterboroughStaffJ_)(11!JJICtUrt)OrOIltjIISincerely,CityClerkcc:CityCityPage 429 of 515 Page 430 of 515 Page 431 of 515 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 January 24, 2025 CL 2- 2025, January 23, 2025 DISTRIBUTION LIST SENT ELECTRONICALLY Motion Respecting Use of the Notwithstanding Clause to Remove Encampments Regional Council, at its meeting held on January 23, 2025, passed the following motion: WHEREAS mayors from several Ontario municipalities have recently petitioned the Premier of Ontario to invoke the notwithstanding clause for the removal of encampments, where no housing or shelter space exists or any action or enforcement for such eviction or displacement thereby undermining and violating the very rights that Canada’s Charter of Rights and Freedoms is in place to protect; WHEREAS the application of Section 7 of the Charter to issues concerning encampments and individuals living in temporary shelters was affirmed in the decision of Justice Valente in The Regional Municipality of Waterloo v. Persons Unknown and to be Ascertained, 2023 ONSC 670; WHEREAS The Regional Municipality of Niagara has declared a state of emergency on homelessness, housing and mental health and addictions; WHEREAS The Regional Municipality of Niagara recently endorsed a motion supporting the Big City Mayors’ “Solve the Crisis Campaign”, which thoughtfully outlined a path forward including the appointment of ministry and Minister who would be responsible with the appropriate funding and powers as a single point of contact to address the full spectrum of housing needs as well as mental health, addictions and wrap around supports; WHEREAS individuals who remain unhoused are experiencing trauma, mental health challenges, and may be experiencing substance use disorders are among the most vulnerable members of our society, deserving of protection and support rather than further marginalization; and WHEREAS the resources to remove encampments will have a significant impact on our budget and all financial resources should be directed to housing supports. Page 432 of 515 Page 2 NOW THEREFORE IT BE RESOLVED: 1. That Niagara Regional Council SUPPORTS Section 7 of the Canadian Charter of Rights and Freedoms and upholding the values presented therein; 2. That The Regional Municipality of Niagara AFFIRMS that all individuals, regardless of their housing status or personal circumstances, are entitled to the full protection of their Charter rights; 3. That The Regional Municipality of Niagara RECOGNIZES that addressing homelessness, mental health issues, and addiction requires trauma-informed, evidence-based solutions that respect the dignity and rights of all individuals; 4. That The Regional Municipality of Niagara CALLS upon the provincial government to work collaboratively with municipalities, health experts, and community organizations to develop comprehensive strategies that address the root causes of homelessness, mental health challenges, and addiction, while upholding the Charter rights of all citizens; and 5. That The Regional Municipality of Niagara COMMITS to advocating for increased funding and support for affordable housing, mental health services, and addiction treatment programs as more effective and humane alternatives to encampment evictions and that this motion be shared with all local area municipalities, Ontario Big City Mayors, local MPP’s and the Honourable Doug Ford. Attorney General, Doug Downey, the Minister of Children, Community and Social Services, Michael Parsa, the Finance Minister, Peter Bethlenfalvy and the Minister of Health, Sylvia Jones. Yours truly, Ann-Marie Norio Regional Clerk :kl CLK-C 2025-002 Distribution List: Premier of Ontario Minister of the Attorney General Minister of Children, Community and Social Services Minister of Finance Minister of Health Local Members of Provincial Parliament Ontario Big City Mayors Local Area Municipalities Page 433 of 515 January 27, 2025 Local Area Municipal Councils Subject: Public Engagement for the Facilities, Strategic Asset, and Service Network Master Plan Niagara Transit is pleased to provide an update on the progress of the Facilities, Strategic Asset, and Service Network Master Plan and to invite participation from you and your municipality’s residents. We are currently in the second phase of this initiative and are seeking public input on four proposed network options. This is a critical step in shaping the future of transit services in Niagara. Purpose of the Engagement The four proposed network options each present unique approaches to improving transit connectivity and efficiency. Key considerations include:  Hours of Service: Ensuring transit availability aligns with community needs.  Frequency: Enhancing reliability and reducing wait times.  Route Coverage: Expanding access to key destinations.  Affordability: Maintaining cost-effective service delivery. Residents are encouraged to provide their feedback before Feb. 14, 2025, by participating in the Exploring Possibilities Survey, available online at NRTransit.ca. Additionally, a series of in-person public engagement sessions will be held across Niagara to ensure accessibility for all. Public Engagement Sessions The schedule for the sessions is as follows:  Fort Erie: Fort Erie Town Hall, 1 Municipal Dr. Jan. 30, 2025, 1-3 p.m.  Grimsby: Grimsby Public Library, 18 Carnegie Lane Feb. 4, 2025, 3-5 p.m.  Lincoln: Fleming Centre, 5020 Serena Dr. Jan. 29, 2025, 1-3 p.m.  Niagara Falls: MacBain Centre, 7150 Montrose Road Feb. 3, 2025, 9:15 a.m.-12:30 p.m. Page 434 of 515  Niagara-on-the-Lake: Niagara-on-the-Lake Community Centre, 14 Anderson Lane Feb. 4, 2025, 11 a.m.-1 p.m.  Pelham: Meridian Community Centre, 100 Meridian Way Feb. 5, 2025, 9:30 a.m.-12:30 p.m.  Port Colborne: Port Colborne Library, 310 King St Feb. 6, 2025, 9:30 a.m.-2 p.m.  St. Catharines: Kiwanis Aquatic Centre, 425 Carlton St. Jan. 28, 2025, 4-7 p.m.  Thorold: Thorold Senior Citizens Centre, 8 Carleton Street S. Feb. 7, 2025, 9:30-11:30 p.m.  Wainfleet: Wainfleet Firefighters’ Community Hall, Park Street Feb. 6, 2025, 4:30-6:30 p.m.  Welland: Seaway Mall, 800 Niagara Street Feb. 3, 2025, 1:30-4:30 p.m.  West Lincoln: West Lincoln Community Centre, 177 West Street Feb. 5, 2025, 3-6 p.m.  Brock University: Thistle Complex, 1812 Sir Isaac Brock Way Jan. 28, 2025, 9 a.m.-1 p.m.  Niagara College: Welland Campus, 100 Niagara College Boulevard Jan. 30, 2025, 9:30-11:30 a.m.  Niagara College Daniel J. Patterson Campus: 135 Taylor Road, Niagara-on- the-Lake Jan. 29, 2025, 9:30-11:30 a.m. Additional Information For more details about the Master Plan and to review the network proposals, please visit: NRTransit.ca/about-nrt/roadmap/master-plan-project We respectfully request that this memo be included on your next Council agenda. We encourage all Council members to participate in the survey, share it with their constituents, and actively contribute to shaping the future of Niagara’s transit network. Your support is invaluable in ensuring all voices are heard as we work toward creating a more connected and accessible transit system. Page 435 of 515 Public Works – Infrastructure Planning and Development Engineering 1815 Sir Isaac Brock Way, Thorold, ON L2V 4T7 905-980-6000 Toll-free:1-800-263-7215 _________________________________________________________________________________ Page 1 of 1 January 15, 2025 Erik Nickel General Manager, Municipal Works Niagara Falls Submitted via email to enickel@niagarafalls.ca Re: 2024 Memorandum of Understanding for Engineering Review Function with Niagara Region Dear Mr. Nickel, Bill 23, More Homes Built Faster Act makes significant changes to the Planning Act, including removing upper-tier planning responsibilities upon proclamation (March 31, 2025). As of March 31, 2025, the Region will not be responsible for commenting on matters of Provincial interest but will continue to comment on matters of Regional interest (i.e. Regional infrastructure, other engineering services, and Regional owned properties). Accordingly, a 2024 Memorandum of Understanding (MOU) has been prepared to update and clarify the respective engineering roles and responsibilities of the Region and Area Municipalities. The 2024 MOU has been collaboratively developed by the MOU Working Group. It has been reviewed, refined, and endorsed by the Public Works Officials and Niagara Area Planners. The 2024 MOU outlines the relationship with our Area Municipalities and outlines the Region’s participation in planning approvals on matters related to regional infrastructure, other services, Region owned land, collaboration on growth related matters, etc. This will replace the current 2019 MOU between the Region and all area municipalities upon proclamation. In recognition that the proclamation date of March 31, 2025, is quickly approaching, staff request that all 2024 MOU executions be completed by mid-February 2025. If you have any questions, please don’t hesitate to contact the undersigned at Susan.Dunsmore@niagararegion.ca or 905-980-6000 ext. 3661. Kind regards, Susan Dunsmore, P.Eng Acting Director, Infrastructure Planning and Development Engineering Niagara Region Page 436 of 515 2 0 2 4 M O U E n g i n e e r i n g R e v i e w 1 | /MEMORANDUM OF UNDERSTANDING between The Regional Municipality of Niagara The Town of Fort Erie The Town of Grimsby The Town of Lincoln The City of Niagara Falls The Town of Niagara-on-the-Lake The Town of Pelham The City of Port Colborne The City of St. Catharines The City of Thorold The Township of Wainfleet The City of Welland The Township of West Lincoln Engineering Function and Review in Niagara September, 2024 Page 437 of 515 2 0 2 4 M O U E n g i n e e r i n g R e v i e w 2 | MOU Table of Contents Part 1 – Preamble .......................................................................................................................................................4 1.1. Introduction .......................................................................................................................................4 1.2. Jurisdiction .........................................................................................................................................4 Part 2 - Roles and Responsibilities of the Parties .......................................................................................................6 2.1. Engineering Reviews ..........................................................................................................................6 2.2. Planning for Infrastructure.................................................................................................................6 2.2.1. Planning for Water and Wastewater Infrastructure ..........................................................................6 2.2.2. Planning for Regional Transportation Infrastructure .........................................................................7 2.3. Engineering Review Requirements for Planning Projects ..................................................................8 2.3.1. Regional Official Plan and Amendments (ROPA’s) .............................................................................8 2.3.2. Area Municipal Comprehensive Official Plans and Non Site-Specific Local Official Plan Amendments (LOPAs) ........................................................................................................................8 2.3.3. Area Municipal Site Specific and Policy Specific Official Plan Amendments .....................................8 2.3.4. Secondary Plans .................................................................................................................................8 2.3.5. Block Servicing Plans ..........................................................................................................................9 2.3.6. Niagara Escarpment Plan Amendments ............................................................................................9 2.3.7. Regional Environmental Assessments ...............................................................................................9 2.3.8. Local Environmental Assessments .....................................................................................................9 2.4. Engineering Review Requirements for Implementation Planning.....................................................9 2.4.1. Comprehensive Zoning By-laws .........................................................................................................9 2.4.2. Zoning By-law Amendments ........................................................................................................... 10 2.4.3. Draft Plans of Subdivision ............................................................................................................... 10 2.4.4. Plans of Condominium .................................................................................................................... 10 2.4.5. Consents .......................................................................................................................................... 10 2.4.6. Minor Variances .............................................................................................................................. 11 2.4.7. Site Plan Control .............................................................................................................................. 11 2.4.8. Niagara Escarpment Development ................................................................................................. 11 Part 3 – Development Application Review Processes ............................................................................................. 12 3.1. General ............................................................................................................................................ 12 3.2. Preliminary Review ......................................................................................................................... 12 3.3. Pre-Consultation ............................................................................................................................. 12 3.3.1. Required Information...................................................................................................................... 12 Page 438 of 515 D r a f t 2 0 2 4 M O U E n g i n e e r i n g F u n c t i o n a n d R e v i e w 3 | 3.3.2. Circulation/Timelines ...................................................................................................................... 12 3.3.3. Required Studies and Scoping of Studies ........................................................................................ 13 3.3.4. Exemption from Application Review by the Region ....................................................................... 13 3.3.5. Fees ................................................................................................................................................. 13 3.4. Complete Applications .................................................................................................................... 14 3.4.1. Submission Requirements .............................................................................................................. 14 3.4.2. Circulation and Development Application Review Timelines ......................................................... 14 3.5. Application Review and Commenting ............................................................................................. 14 3.6. Other ............................................................................................................................................... 14 Part 4 – MOU Terms and Implementation .............................................................................................................. 16 4.1. Duration and Review ....................................................................................................................... 16 4.2. Overlapping Mandate ..................................................................................................................... 16 4.3. Conflict ............................................................................................................................................ 16 4.4. Fees ................................................................................................................................................. 16 4.5. Effective Date .................................................................................................................................. 16 Part 5 – Tables ........................................................................................................................................................ 17 5.1. Table 1 - Roles for Review of SWM Applications ............................................................................ 17 5.2. Table 2 - Non-Statutory Development Application Review Timelines ........................................... 18 Part 6 - Endorsement and Signature Pages ............................................................................................................. 20 Page 439 of 515 D r a f t 2 0 2 4 M O U E n g i n e e r i n g F u n c t i o n a n d R e v i e w 4 | 1. Part 1 – Preamble 1.1. Introduction Bill 23, More Homes Built Faster Act, 2022, will result in changes to the Ontario Planning system. In keeping with our long-standing partnership, the Niagara Region Municipalities have an interest in ensuring that these changes are implemented in a seamless and integrated fashion. Upon proclamation of Bill 23, Niagara Region will no longer having certain responsibilities for planning under the Planning Act. Consistent with our long-standing partnership, the Niagara Region Municipalities have an interest in ensuring that any changes to roles and responsibilities be examined and implemented in a coordinated and collaborative fashion. This document serves to document the planned changes and to ensure the best possible outcomes for the Niagara Region community. The Memorandum of Understanding has been updated to remove the land use planning review function and will only pertain to engineering review. The MOU has been prepared for the following thirteen government planning authorities (hereafter referred to as Parties), which operate within a two-tier system in the Niagara Region planning area: a) The Council for the Regional Municipality of Niagara (Region); and b) The Councils of the Town of Fort Erie, the Town of Grimsby, the Town of Lincoln, the City of Niagara Falls, The Town of Niagara-on-the-Lake, the Town of Pelham, the City of Port Colborne, the City of St. Catharines, the City of Thorold, the Township of Wainfleet, the City of Welland and the Township of West Lincoln (collectively referred to as the “area municipalities”); The purpose of this MOU is to update and clarify the respective engineering roles and responsibilities of the Parties, as well as to be an instrument of continuously improving service and relationship management. This revised MOU sets the foundation for the future and confirms the framework within which the Parties will function and provide engineering services. The MOU has been collaboratively developed by the MOU Working Group. The MOU has been reviewed, refined and endorsed by the Public Works Officials and Niagara Area Planners. 1.2. Jurisdiction This MOU applies to those lands within the Regional Municipality of Niagara, where water and wastewater servicing and transportation networks are operated under a two-tier system. Niagara Region is responsible for: - water treatment - transmission mains - major pumping stations - wastewater treatment Page 440 of 515 D r a f t 2 0 2 4 M O U E n g i n e e r i n g F u n c t i o n a n d R e v i e w 5 | - trunk sewers - sewage pumping stations - Regional roads - Circulation to Niagara Regional Transit for large developments The area municipalities are responsible for: - local water distribution networks - local sewer collection systems, storage facilities and local roads Regional engineering reviews will be limited to the review of regional infrastructure and capacities available in regional infrastructure. For the nine municipalities the Region reviews and approves private septic system for, the review for planning projects will remain with the Region (Fort Erie, Grimsby, Lincoln, Niagara Falls, Niagara-on-the-Lake, Pelham, Port Colborne, St. Catharines, Thorold). Private septic system reviews and comments in Welland, West Lincoln and Wainfleet will be provided by the Local staff. The stormwater system will be reviewed based on the chart contained in Table 1. Regional staff will continue to provide waste/recycling collection comments for all sites with regard to the current Regional collection agreement/policies. Page 441 of 515 2 0 2 4 M O U E n g i n e e r i n g R e v i e w 6 | 2. Part 2 - Roles and Responsibilities of the Parties 2.1. Engineering Reviews The signatories are committed to developing Niagara, providing capacity within existing infrastructure and ensuring overall servicing plans are maintained. The parties agree to provide comments based on: • Legislative, regulatory, or delegated authority • Council approved policies and by-laws • Interests that have been identified through this MOU, pre-consultation, terms of reference, complete application requirements, and/or requisite studies. The Parties agree that a high degree of servicing alignment is important in advancing an integrated and consistent planning system for infrastructure. To achieve alignment, the Parties agree to collaborate and include the following measures for each project: • Pre-consultation with relevant partners, prior to project start-up, identifying areas of common interest; • Placement of appropriate representation on project steering committees for all Regional and Local capital projects; • Agreed-to milestone meetings, consultations, and document review; • Mutually satisfactory review protocols with shared commitment to timeliness; and • Work collaboratively toward sharing GIS files and data. 2.2. Planning for Infrastructure This section addresses the full range of activities necessary for the Region to effectively plan for and deliver water, wastewater, and transportation infrastructure to support growth and development. 2.2.1. Planning for Water and Wastewater Infrastructure 2.2.1.1. Complete Master Plans and develop associated infrastructure staging plans and capital financing plans to respond to growth and development. At a minimum, assess the following in making a determination on the timing and delivery of water and wastewater infrastructure: 2.2.1.2. The number of housing units or employment areas being unlocked as a result 2.2.1.3. The fiscal capacity of the Region and local municipalities 2.2.1.4. The willingness of the development community to contribute 2.2.1.5. The degree of contribution from the Provincial government Page 442 of 515 D r a f t 2 0 2 4 M O U E n g i n e e r i n g F u n c t i o n a n d R e v i e w 7 | 2.2.1.6. Coordination with the timing and delivery of Regional Road projects 2.2.1.7. Comments from the local municipality and public agencies The Parties will: Collectively identify policies in the NOP that should be retained in future local Official Plans to ensure that growth and development is coordinated with the delivery of Regional water and wastewater infrastructure and services to the greatest degree possible. Planning for Regional Transportation Infrastructure This section addresses the full range of activities necessary for the Region to effectively plan for and deliver operate Regional Transportation Systems. The Region will: 2.2.2.1 Collaborate with the local municipalities in defining the timing and delivery of improvements to the Regional transportation network as defined through the Regional Transportation Master Plan using infrastructure staging plans and capital financing plans to support approved growth. 2.2.2.2 Support the local municipality by preparing and/or updating as required 2.2.2.3 Terms of Reference for the preparation of Transportation Studies for new growth areas 2.2.2.4 Traffic Impact Studies Guidelines 2.2.2.5 Road Access Management Requirements 2.2.2.6 Noise Abatement Guidelines addressing noise generated from Regional Roads 2.2.2.7 Highway Dedication Guidelines 2.2.2.8 Right-of-way and Urban Design Guidelines 2.2.2.9 Prepare and/or update Regional By-Laws, policies, standards and guidelines related to the Regional transportation network requirements as determined through the activities of this Transition Plan. The Parties will: Page 443 of 515 D r a f t 2 0 2 4 M O U E n g i n e e r i n g F u n c t i o n a n d R e v i e w 8 | Collectively identify policies in the NOP that should be retained in future local Official Plans to ensure the Regional transportation systems and infrastructure requirements are defined to support growth and development to the greatest degree possible. Together with the policies identified through 2.2 is to be endorsed by Niagara Region Area CAO’s in implementing this memorandum and subject to the approval of local municipal Councils through future Official Plan updates. 2.3. Engineering Review Requirements for Planning Projects The following are the aspects of the projects that Engineering Reviews will be conducted by the Parties for specific types of planning projects 2.3.1. Regional Official Plan and Amendments (ROPA’s) Engineering reviews will be completed once the application and relevant studies have been circulated by the lead agency in accordance with the current Planning requirements. Review of capacities in the infrastructure will be reviewed by the respective owners. Comments will be provided to the circulation agencies and if required, coordination of upgrades will be reviewed with all agencies. 2.3.2. Area Municipal Comprehensive Official Plans and Non Site-Specific Local Official Plan Amendments (LOPAs) Engineering reviews will be completed once the application and relevant studies have been circulated by the lead agency in accordance with the current Planning requirements. Comments will be provided to the circulation agencies and if required coordination of upgrades will be reviewed with all agencies. 2.3.3. Area Municipal Site Specific and Policy Specific Official Plan Amendments Engineering reviews will be completed once the application and relevant studies have been circulated by the lead agency in accordance with the current Planning requirements. Review of capacities in the infrastructure will be reviewed by the respective owners if applicable. Comments will be provided to the circulation agencies and if required coordination of upgrades will be reviewed with all agencies. 2.3.4. Secondary Plans The respective planning group responsible for the Secondary plan will contact both Local and Regional engineering staff. Engineering staff will be involved in scoping, review and implementation of servicing/traffic studies completed for secondary plans and will participate in meetings regarding the secondary plan process. Engineering reviews will be completed once the application and relevant studies have been Page 444 of 515 D r a f t 2 0 2 4 M O U E n g i n e e r i n g F u n c t i o n a n d R e v i e w 9 | circulated by the lead agency in accordance with the current Planning requirements. Review of capacities in the infrastructure will be reviewed by the respective owners if applicable. Comments will be provided to the circulation agencies and if required coordination of upgrades will be reviewed with all agencies. 2.3.5. Block Servicing Plans The respective planning group responsible for the Block plan will contact both Local and Regional engineering staff. Engineering staff will be involved in scoping, and review and implementation of servicing/traffic studies completed for block servicing plans. Engineering reviews will be completed once the application and relevant studies have been circulated by the lead agency in accordance with the current Planning requirements. Review of capacities in the infrastructure will be reviewed by the respective owners if applicable. Comments will be provided to the circulation agencies and if required coordination of upgrades will be reviewed with all agencies. 2.3.6. Niagara Escarpment Plan Amendments The lead agency will circulate the relevant agencies. Engineering review and comments for the respective interests will be provided on each application to the circulation agency. 2.3.7. Regional Environmental Assessments The project manager will circulate both Local and Regional engineering staff. Engineering review and comments for the respective interests will be provided back to the project manager on each application. 2.3.8. Local Environmental Assessments The project manager will circulate both Local and Regional engineering staff. Engineering review and comments for the respective interests will be provided back to the project manager on each application 2.4. Engineering Review Requirements for Implementation Planning The following are the means by which Engineering reviews will be conducted by the parties for specific types of Implementation Planning activities 2.4.1. Comprehensive Zoning By-laws The lead agency will circulate the complete application to Regional and Local engineering staff when required based on pre-consultation information. Engineering reviews will be completed once the application and relevant studies have been circulated in accordance with the current Planning Page 445 of 515 D r a f t 2 0 2 4 M O U E n g i n e e r i n g F u n c t i o n a n d R e v i e w 10 | requirements. Review of capacities in the infrastructure will be reviewed by the respective owners if applicable. Comments will be provided to the circulation agencies and if required coordination of upgrades will be reviewed with all agencies. 2.4.2. Zoning By-law Amendments The lead agency will circulate the complete application to Regional and Local engineering staff when required based on pre-consultation information. Engineering reviews will be completed once the application and relevant studies have been circulated in accordance with the current Planning requirements. Review of capacities in the infrastructure will be reviewed by the respective owners if applicable. Comments will be provided to the circulation agencies and if required coordination of upgrades will be reviewed with all agencies. 2.4.3. Draft Plans of Subdivision The lead agency will circulate the complete application to Regional and Local engineering staff when required based on pre-consultation information. Engineering reviews will be completed once the application and relevant studies have been circulated in accordance with the current Planning requirements. Review of capacities in the infrastructure will be reviewed by the respective owners if applicable. Comments and conditions will be provided to the circulation agencies and if required coordination of upgrades will be reviewed with all agencies. 2.4.4. Plans of Condominium The lead agency will circulate the complete application to Regional and Local engineering staff when required based on pre-consultation information. Engineering reviews will be completed once the application and relevant studies have been circulated in accordance with the current Planning requirements. Review of capacities in the infrastructure will be reviewed by the respective owners if applicable. Comments and conditions will be provided to the circulation agencies and if required coordination of upgrades will be reviewed with all agencies. 2.4.5. Consents The lead agency will circulate the complete application to Regional and Local engineering staff when required based on pre-consultation information. Page 446 of 515 D r a f t 2 0 2 4 M O U E n g i n e e r i n g F u n c t i o n a n d R e v i e w 11 | Engineering reviews will be completed once the application has been circulated in accordance with the current Planning requirements. Comments and conditions will be provided to the circulation agency staff. 2.4.6. Minor Variances The lead agency will circulate the complete application to Regional and Local engineering staff when required based on pre-consultation information. Engineering reviews will be completed once the application has been circulated in accordance with the current Planning requirements. Comments and conditions will be provided to the circulation agency staff. 2.4.7. Site Plan Control The lead agency will circulate the complete application to Regional and Local engineering staff when required based on pre-consultation information. Engineering reviews will be completed once the application and relevant studies have been circulated in accordance with the current Planning requirements. Review of capacities in the infrastructure will be reviewed by the respective owners if applicable. Comments and conditions will be provided to the circulation agencies and if required coordination of upgrades will be reviewed with all agencies. 2.4.8. Niagara Escarpment Development The lead agency will circulate the complete application to Regional and Local engineering staff when required based on pre-consultation information. Engineering reviews will be completed once the application has been circulated in accordance with the current Planning requirements. Comments and conditions will be provided to the circulation agency staff. Page 447 of 515 2 0 2 4 M O U E n g i n e e r i n g R e v i e w 12 | 3. Part 3 – Development Application Review Processes 3.1. General The Parties agree that the timely, efficient, and predictable review of development applications is paramount to encouraging well planned, affordable development in the region. Part 3 – Development Application Review Processes identifies segments of the development review process that benefit from clarification and agreement. 3.2. Preliminary Review A preliminary review occurs prior to Pre-consultation. Its purpose is to gather information and is typically part of a developer’s due diligence. Preliminary discussions about a potential development application benefit the applicant by supplying early information about the land, process and possible issues. An important part of a preliminary review is providing direction on the Pre-Consultation Process. In particular, the applicant needs to understand what information is required by the parties prior to pre-consultation and any fees. 3.3. Pre-Consultation Pre-consultation is a requirement for Planning Act Applications. It requires specific actions by the applicant and each of the Parties with an interest in the development. After pre- consultation the applicant should have a clear understanding of the documentation required to submit a Complete Application (Section 3.4) as well as preliminary comments regarding whether the proposal will be supported by the Region and the local municipality 3.3.1. Required Information Prior to scheduling a pre-consultation meeting, the Lead Agency will determine which Parties should attend the meeting and require specific information from the applicant to provide to the attending Parties in order that the Parties may complete an initial review. The required information will vary depending on the type of application, but generally includes: • A completed Pre-consultation Request Form, including permission to enter property, • The required fee (if applicable), • Preliminary Plans showing the following: • Location of existing and proposed land uses, buildings and structures; • Location of significant features on the site and adjacent to the site (i.e. wetlands, hazard lands, watercourses, woodlands, wells, septic tanks, etc.); • Existing and proposed lot fabric (as appropriate); and • Proposed development concept, including setbacks from lot lines and significant features. 3.3.2. Circulation/Timelines Refer to Table 3 for circulation/timelines. If the circulated information is incomplete and/or the timeline is not met, the commenting agencies may request in writing the rescheduling of the pre-consultation meeting to offer better service Page 448 of 515 D r a f t 2 0 2 4 M O U E n g i n e e r i n g F u n c t i o n a n d R e v i e w 13 | and outline of study requirements. Commenting agencies may conduct site visits prior to the date of the pre- consultation meeting, where time permits, to inform discussion at the meeting regarding the scoping of required studies. 3.3.3. Required Studies and Scoping of Studies The Terms of Reference, or the minimum requirements for each of the required studies will be discussed during the pre-consultation process, and the objectives and parameters of the studies will be agreed to prior to them being undertaken. The following is agreed to with respect to requesting and scoping studies: • When determining the need for a study or plan, the Party requiring the study shall scope the study by identifying the specific necessary information. For example, if the Region requests a Transportation Study, it may be scoped to request only Pedestrian Safety be addressed. In addition, the Party requesting the study may offer to review the Terms of Reference. • When more than one Party requests the same study, it is essential that a collaborative approach for scoping and Terms of Reference review occurs to ensure that all matters are addressed, and the applicant understands the requirements. • In the event that one or more studies have been undertaken prior to pre- consultation, the Parties retain the right to require revisions to ensure that the studies are completed in accordance with requirements. • All required studies shall be prepared and signed by a qualified professional. 3.3.4. Exemption from Application Review by the Region All development applications are circulated to the Region for engineering review, except where the Region has determined through pre-consultation that the development proposal is exempt from further circulation and review. 3.3.5. Fees Each of the parties to the pre-consultation shall identify the fees required for application review, including the identification of additional costs should a peer review of a technical study be required. The Parties agree not to charge each other fees for applications processed under the Planning Act. Page 449 of 515 D r a f t 2 0 2 4 M O U E n g i n e e r i n g F u n c t i o n a n d R e v i e w 14 | 3.4. Complete Applications 3.4.1. Submission Requirements The requirements of a Complete Application are determined during pre- consultation and provided in writing to the applicant by the Lead Agency and if required in consultation with the commenting agencies. The Lead Agency will review the application submission to ensure all required materials (forms, fees, plans, studies, etc.), as requested by all commenting agencies, are provided, and deem the application complete or not. 3.4.2. Circulation and Development Application Review Timelines The Planning Act and related Regulations identify statutory timelines for the review of Complete Applications by the Lead Agency. In order to ensure the statutory timelines are met, the Parties agree that the commenting agencies shall use best efforts to complete the review of all applications in accordance with the timelines identified in Table 3 – Non-statutory Development Application Review Timelines. All due dates are from date of circulation by the Lead Agency for applications deemed complete. 3.5. Application Review and Commenting The Parties agree, where possible, to streamline commenting methods by using standardized wording in emails, forms, letters, conditions of approval etc. When a concern and/or condition of approval is not supported by the Lead Agency, the Lead Agency shall inform the commenting agency and initiate discussions to resolve the issue. In the case of multiple applications for the same land, the Lead Agency shall use the greater of the timelines. Revisions to applications during the review process may result in the review period being extended depending on the complexity of the revisions and the need for revised studies. When new issues arise from the analysis of studies during application review which results in the need for additional information or study, addendums to the study may be required and additional review time may be required to review any addendums. 3.6. Other 3.6.1. Extensions of Draft Plan Approval The Parties agree that the request for an extension to a draft approved Plan of Subdivision or Condominium be received, with the required review fee, and circulated for comment by the Area Municipality, not the applicant. Page 450 of 515 D r a f t 2 0 2 4 M O U E n g i n e e r i n g F u n c t i o n a n d R e v i e w 15 | 3.6.2. Modifications to Conditions of Draft Plan Approval The Parties agree that the request for a modification to a draft approved Plan of Subdivision or Condominium be received, with the required review fee, and circulated for comment by the Area Municipality, not the applicant. 3.6.3. Clearance of Conditions of Draft Plan Approval The Parties agree that the request for formal clearance of conditions of Draft Plan of Subdivision or Condominium be received and circulated by the Area Municipality, not the applicant. The submission shall include the following: • The required review fee • a letter which outlines how each condition has been met, accompanied by the necessary supporting documents • a copy of the relevant draft agreement, prepared by the Area Municipality Page 451 of 515 2 0 2 4 M O U E n g i n e e r i n g R e v i e w 16 | 4. Part 4 – MOU Terms and Implementation 4.1. Duration and Review This MOU shall remain in effect until such time as replaced by an updated MOU (if any). A mandatory review shall occur a minimum of every 5 years to: • reflect any changing policies or programs at the provincial, watershed, or regional level, and • assess its effectiveness, relevance, and appropriateness with respect to the affected parties. The mandatory review shall be coordinated by the Region, undertaken by the MOU technical review team. The MOU may be reviewed at any time before the mandatory review if there are matters that need to be addressed. Based on a review by the MOU technical review team, changes considered minor in nature may not require Regional or Local Council approvals. 4.2. Overlapping Mandate There will be occasions when the responsibilities of the Parties overlap. On those occasions, the Parties shall work together to provide consistent and sound comments. This will be accomplished by maintaining open dialogue and a good working relationship. 4.3. Conflict Where there is conflict between new (changing) legislation and this MOU, new legislation will take precedence. 4.4. Fees Fees for pre-consultation, planning review and technical clearance services will be set independently by the Parties. All development application fees will be collected by the Area municipalities and remitted to the Region upon circulation of a complete application, except for Regional Official Plan amendment applications. 4.5. Effective Date This MOU will take effect on the last date signed by the Parties to this MOU. Page 452 of 515 2 0 2 4 M O U E n g i n e e r i n g R e v i e w 17 | 5. Part 5 – Tables 5.1. Table 1 - Roles for Review of SWM Applications Storm Water Receiver Review Agency and Responsibility - Water Quality Review Agency and Responsibility – Water Quantity8 Review Agency and Responsibility - Stream Erosion Control Review Agency and Responsibility – LID Requirement Review Agency and Responsibility - Construction Erosion and Sediment Control Review Agency and Responsibility - Subdivision SWM Facility Operation and Maintenance Review Agency and Responsibility - NPCA3 Review Agency and Responsibility - MECP4 Regional Road (roadside ditch/crossing culvert) Region Region Region Region Region Region/ Local Municipality CLI ECA approval 4 Regional Storm Sewer (overland flow on Regional Road) Region Region Region Region Region Region/ Local Municipality CLI ECA approval 4 Municipal Road (roadside ditch/crossing culvert) Region/ Local Municipality1 Local Municipality Local Municipality Local Municipality Local Municipality Local Municipality CLI ECA approval 4 Municipal Storm Sewer Drain or Easement Region/ Local Municipality1 Local Municipality Local Municipality Local Municipality Local Municipality Local Municipality CLI ECA approval 4 Unregulated Feature 6 Region/ Local Municipality1 Local Municipality/ Region Local Municipality/ Region Local Municipality/ Region Local Municipality/ Region Local Municipality CLI ECA approval 4 Regulated Feature2,3, 5,7 Region/ Local Municipality Region/ Local Municipality Region/ Local Municipality Region/ Local Municipality NPCA Local Municipality Review of outlet and may require Work Permit CLI ECA approval 4 1 Coordination of review to be discussed at pre-consultation if Regional peer review is requested by Local Municipality 2 Outlet to a Provincially Significant Wetland (PSW), water balance may be required and would be a coordinated review by NPCA and Region; 3 The NPCA will review any outlets to regulated feature and may require review of stormwater management report as part of the development application; 4 CLI ECA approval 4 needed for Municipal Storm Sewer and SWM Facilities. ECA MECP approval needed for SWM facilities on Industrial Lands. MECP will supply final certificate outlining the maintenance requirements for the owner. 5 Refer to Niagara Region Stormwater Guidelines for area of interest 6 An unregulated feature is one not regulated by the NPCA. Region/Municipality comment on impacts offsite e.g. downstream on adjacent properties. 7 Municipal Drains are regulated by the Drainage Act and Conservation Authorities Act – consent given by landowners as part of establishing Municipal Drains 8 Select sites within MTO corridor control will be required to be reviewed by the MTO for quantity control in addition to the other agencies/ parties Page 453 of 515 2 0 2 4 M O U E n g i n e e r i n g R e v i e w 18 | 5.2. Table 2 - Non-Statutory Development Application Review Timelines Application Type Pre-Consultation Target for Comments After Circulation of a Complete Application Site specific Regional Official Plan Amendment Region to receive required information/plans a min. of 10 calendar days prior to pre- consultation. Region to provide comments 12 calendar days After Pre-Consultation meeting. Any peer reviews to be identified at pre-consultation meeting. Recommend meetings in advance of pre-con for complex applications Area Municipality provide Pre-Consultation notes to applicant within 14 calendar days Parties to provide comments within 20 calendar days Secondary Plan / Block Plan (Local Official Plan Amendment) Same as above a) As determined in consultation with the area municipality Complete Application Review N/A Region to provide comments within 20 calendar days Other Comprehensive Local Official Plan Amendment Same as above As determined in consultation with the area municipality Site specific Local Official Plan Amendment Same as above Region to provide comments within 20 calendar days Combined OPA/Zoning Amendment Same as above Region comments within 20 calendar days Comprehensive zoning by-law (initiated by area municipality) Same as above As determined in consultation with the area municipality Site specific zoning by- law amendment (including Holding Provision) Same as above Parties to provide comments within 20 calendar days. Page 454 of 515 D r a f t 2 0 2 4 M O U E n g i n e e r i n g F u n c t i o n a n d R e v i e w 19 | Application Type Pre-Consultation Target for Comments After Circulation of a Complete Application Draft plans of subdivision or condominium Same as above Region to provide comments within 35 calendar days Modifications to Draft Approved Subdivision and Condominium Same as above Region to provide comments within 35 calendar days Consent Same as above Region to provide comments within 10 calendar days in urban areas and within 14 calendar days in rural aras (on private services) Minor Variance Same as above Region to provide comments within 10 calendar days. Site Plan Same as above Parties to provide comments within 14 calendar days Extension of draft Approval N/A Parties to provide comments within 10 calendar days Clearance of Conditions N/A Parties to provide comments within 15 calendar days Niagara Escarpment Development Permit N/A Parties to provide comments within 30 calendar days Niagara Escarpment Plan Amendment N/A Parties to provide comments within 30 calendar days Notes for Table 2 1. To convene a pre-consultation meeting, the lead agency must have enough information from the applicant for the parties to complete an initial analysis and provide advice, including but not limited to advice on requirements for a Complete Application. 2. All due dates are from date of circulation by the commenting parties and are for applications deemed complete as determined by the parties as part of pre-consultation. 3. Studies that require peer review may require an additional 30-60 day review period. 4. When new issues arise from the analysis of studies or required consultation during application review which results in the need for additional information or study, additional review time may be required Page 455 of 515 2 0 2 4 M O U E n g i n e e r i n g R e v i e w 20 | 6. Part 6 - Endorsement and Signature Pages Regional Municipality of Niagara Date of Regional Council endorsement: CAO Signature: Town of Fort Erie Date of Town Council endorsement: CAO Signature: Town of Grimsby Date of Town Council endorsement: CAO Signature: Town of Lincoln Date of Town Council endorsement: CAO Signature: City of Niagara Falls Date of City Council endorsement: CAO Signature: Town of Niagara-on-the-Lake Date of Town Council endorsement: CAO Signature: Town of Pelham Date of Town Council endorsement: CAO Signature: City of Port Colborne Date of City Council endorsement: CAO Signature: City of St. Catharines Date of City Council endorsement: CAO Signature: Page 456 of 515 D r a f t 2 0 2 4 M O U E n g i n e e r i n g F u n c t i o n a n d R e v i e w 21 | City of Thorold Date of City Council endorsement: CAO Signature: Township of Wainfleet Date of Township Council endorsement: CAO Signature: City of Welland Date of City Council endorsement: CAO Signature: Township of West Lincoln Date of Township Council endorsement: CAO Signature: Page 457 of 515 The City of Niagara Falls, Ontario Resolution February 4th, 2025 No. 6 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 January 14th, 2025, to consider an Official Plan Amendment and Zoning By-law Amendment application by 800460 Ontario Limited (“the applicants”) to facilitate 544 dwelling units, parkland, a stormwater management facility, and watercourse protection; and WHEREAS Council approved the recommendations of Report No. PBD-2025-02 on January 14th, 2025; and WHEREAS since that time, it was identified by Staff that zoning relief is required to permit accessory buildings, with or without additional dwelling units, in the front yards of the lots abutting McLeod Road or Beechwood Road, and to eliminate the maximum width of a driveway or parking area in the front yard for these same lots, as depicted on the Demonstration Plan that was submitted with the application and presented to Council and the public on January 14th, 2025; 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. 2025-021 is minor and does not require further notice to be given. Page 458 of 515 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. 2025-021 minor and exempts the requirement for further written notice. AND The Seal of the Corporation be hereto affixed. ........................................................... ............................................................. WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 459 of 515 NOTICE OF MOTION – HOMELESSNESS COMMITTEE BY COUNCILLOR LORI LOCOCO WHEREAS, the City of Niagara Falls created a Homelessness Committee in the 2018-2022 Council term; WHERAS in 2023, the City of Niagara Falls and Niagara Region declared a state of emergency on homelessness, mental health and addiction; WHEREAS, Niagara Falls City Council voted and appointed Councillor Lococo to sit on the Homelessness Committee for the 2022-2026 term; WHEREAS, the Homelessness Committee has not met since the 2018-2022 term or issued a call for committee members for the 2022-2026 term; WHEREAS, part of the increase to the 2025 Operating Budget was due to issues involving homelessness, mental health and addiction. Additional resources were approved to help deal with these issues; WHEREAS, City staff, Region staff, Niagara Region Police and other stakeholders regularly meet to deal with situations that involve homelessness, mental health and addiction; WHEREAS, the Homelessness Committee should be involved in someway to be part of the solution. These issues are relevant and affect our residents, community and businesses every day; THEREFORE, BE IT RESOLVE THAT the City of Niagara Falls re-instate the Homelessness Committee to assist in dealing with the issues that the City has regarding homelessness, mental health and addiction. Page 460 of 515 1 Whereas, these parking lots are a “dogs breakfast,” with so many appearing all over the City, some in place of older buildings that have been demolished, or older stone parking lots. Whereas, residents and visitors expect order and that they all meet our parking lots standards. Whereas, it is the City’s responsibility to make sure all of them are in compliance with our standards, are paved, lined, secure, lit and insured. Whereas, solicitation by hired parking lots attendants wearing reflective vests, walking on sidewalks and streets is a regular occurrence, but should not be allowed. Whereas, many unlicensed parking lots in the City do not pay required fees. Whereas, there is a need to review parking license fees. Whereas, fees should be based on the amount of parking spaces in a lot. Whereas, revenue from parking lots and parking fees should pay for parking controls; parking should pay for parking, or be cost neutral at the very least. Whereas, the City has an opportunity to ensure revenue coming from parking lots – Whereas, parking lot operators bringing in significant dollars and rates should be commensurate with size and activity of these parking lots. THEREFORE I MOVE THAT Staff prepare a report to come back to Council outlining: - How many private parking lots exist in the City and indicate the locations. - What the requirements are to be compliant with the City’s Commercial Parking Lot Licensing by- law. - How many lots are compliant with the City’s Licensing by-law with; paved/lined/lights/signs/updated/updated license/insured/etc. - The current fees required for a Commercial Parking Lot license; and identifying if there are there different fees charged for different sized lots - A comparison to other by-laws in larger cities, including Toronto, and cities with a high number of visitors. - That this comparison is done this season - That it takes into account a review of rates - When the fees were last reviewed and updated within the licensing by-law. - Whether all noncompliant parking lots have been served notices by Enforcement Staff to comply with the by-law. - What the ramifications are with regard to commercial parking lot staff trying to solicit potential customers while walking onto City sidewalks/roads with signs and/or hand gestures. - The efforts made this season to ensure all parking lots are in compliance, including: - giving notification to these parking lots about some form of budget or proforma on what kind of review to anticipate - giving notification of a renewed updated parking fees schedule that is reflective of Niagara Falls and the parking opportunity. Page 461 of 515 2 We value and respect flexible work arrangements. Although I have sent this at a time that is convenient for me, it is not my expectation that you read, respond or follow up on this email outside of your work hours. Page 462 of 515 CITY OF NIAGARA FALLS By-law No. 2025 - 014 A by-law to declare 11211 Sodom Road; Willoughby Township Hall; as surplus. WHEREAS City of Niagara Falls By-law No. 2003-16, as amended by 2005-123, governing the sale of land by the City of Niagara Falls provides that prior to selling any land, the Council of The Corporation of the City of Niagara Falls shall by by-law or resolution declare the land to be surplus; AND WHEREAS the Council of The Corporation of the City of Niagara Falls, at its meeting of January 14, 2025, adopted the Recommendations of Council Report CS-2025-06, to declare Part Lot 12, Concession 3, Willougby, as in WI561 & WI581, except for BB60225; City of Niagara Falls being all of PIN 64259-0090 (LT), as surplus. AND WHEREAS the Council of The Corporation of the City of Niagara Falls now deems it expedient to pass this by-law; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Part Lot 12, Concession 3, Willougby, as in WI561 & WI581, except for BB60225; City of Niagara Falls being all of PIN 64259-0090 (LT), in the Regional Municipality of Niagara, is hereby declared surplus. 2. The Mayor and City Clerk and City Solicitor are hereby authorized to execute all documents that may be required for the purpose of carrying out the intent of this by-law and the Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Read a First, Second and Third time; passed, signed and sealed in open Council this fourth day of February 2025. ................................................................ ................................................................ WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 463 of 515 CITY OF NIAGARA FALLS By-law No. 2025 - 015 A by-law to declare 8196 Cummington Square West; Chippawa Town Hall; as surplus. WHEREAS City of Niagara Falls By-law No. 2003-16, as amended by 2005-123, governing the sale of land by the City of Niagara Falls provides that prior to selling any land, the Council of The Corporation of the City of Niagara Falls shall by by-law or resolution declare the land to be surplus; AND WHEREAS the Council of The Corporation of the City of Niagara Falls, at its meeting of January 14, 2025, adopted the Recommendations of Council Report CS-2025-06, to declare Part J. Flett Lot (aka Lot 101) w/s Cummington Square, Plan 251 Village of Chippawa, Parts 2 & 3, 59R-908; s/t & t/w AA60430; City of Niagara Falls being all of PIN 64255-0096 (LT), as surplus. AND WHEREAS the Council of The Corporation of the City of Niagara Falls now deems it expedient to pass this by-law; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Part J. Flett Lot (aka Lot 101) w/s Cummington Square, Plan 251 Village of Chippawa, Parts 2 & 3, 59R-908; s/t & t/w AA60430; City of Niagara Falls being all of PIN 64255-0096 (LT), in the Regional Municipality of Niagara, is hereby declared surplus. 2. The Mayor and City Clerk and City Solicitor are hereby authorized to execute all documents that may be required for the purpose of carrying out the intent of this by-law and the Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Read a First, Second and Third time; passed, signed and sealed in open Council this fourth day of February 2025. ................................................................ ................................................................ WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 464 of 515 1 CITY OF NIAGARA FALLS By-law No. 2025 – 016 A by-law to regulate the clearing of snow and ice from sidewalks within the City of Niagara Falls. WHEREAS Section 11 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, (the “Act”) authorizes municipalities to pass by-laws respecting matters related to health, safety, and the well-being of persons; AND WHEREAS Sections 8 and 9 of the Act provides for the interpretation and scope of by-law making powers; AND WHEREAS Section 55.1(1) of the Act provides that a lower municipality has jurisdiction over sidewalks of an upper tier municipality; AND WHEREAS Section 128 of the Act provides that a local municipality may prohibit and regulate with respect to public nuisances, including matters that, in the opinion of Council, are or could become or cause public nuisances; AND WHEREAS Section 446 of the Act provides that where a municipality has the authority by any act or by-law to direct or require a person to do a matter or thing, the municipality may also provide that, in default of it being done by the person directed or required to do so, the matter or thing shall be done at the person’s expense and the municipality may recover the costs of doing the matter or thing from the person required to do it, by action or by adding the costs to the tax roll and collecting them in the same manner as taxes; AND WHEREAS it is the desire of the Council of The Corporation of the City of Niagara Falls to regulate snow and ice removal from public sidewalks with a view to ensuring the safety of the public in respect to the public use of such sidewalks; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. SHORT TITLE 1.1 This by-law may be cited as the “Sidewalk Snow Clearing By-Law”. 2. SCOPE 2.1 The provisions of this by-law shall be applicable on all lands and properties within the limits of the City of Niagara Falls. 2.2 Council may, by way of resolution, grant exemptions from this by-law without amending the by-law. Page 465 of 515 2 3. DEFINITIONS 3.1 In this by-law: “City” means The Corporation of the City of Niagara Falls; “Council” means the Council of The Corporation of the City of Niagara Falls; “Municipal Law Enforcement Officer” means a person appointed by the City for enforcement of its regulatory by-laws, or any person appointed or otherwise delegated the authority of administration and enforcement of this by-law; “Niagara Parks” means the Niagara Parks Commission; “Owner” means the property owner or other person in control of, or who has an interest as an owner/tenant, in the property adjacent to a public sidewalk; “Public Sidewalk” means the municipal sidewalk, improved for the use of pedestrians, located on a road allowance or street, owned by the City, the Niagara Parks Commission, or the Regional Municipality of Niagara, adjacent to a property, and includes a sidewalk used by the public along a road allowance, if the sidewalk is, for whatever reason, located partially or wholly off the road allowance; “Region” means The Regional Municipality of Niagara; and “Street” means a highway, road, or other public right-of-way as defined by the Highway Traffic Act and the Act but does not include a private lane or an unopened road allowance. 4. GENERAL PROVISIONS 4.1 Every Owner of property shall remove fallen snow and ice from the Public Sidewalk adjacent to their property no later than 24 hours after the substantial end of a snowfall or precipitation event, or the substantial end of a series of consecutive snowfalls or precipitation events. Any ice that cannot be removed must be treated with sand, salt, or a similar material to reduce slipperiness. 4.2 No person shall place or deposit snow or ice upon a Public Sidewalk. 4.3 No person shall place or deposit snow or ice on, or immediately adjacent to a fire hydrant, or in any manner that obstructs access to a fire hydrant. 4.4 No person shall place or deposit snow or ice in the traveled portion of a highway in a manner that obstructs vehicular travel. 4.5 No person shall place or deposit snow or ice in a manner that interferes with the intended operation of any public utility, traffic control, fire route, building Page 466 of 515 3 health/safety system, municipal Street, or municipal water/sewer system. 4.6 The City, Niagara Parks, and Region need not comply with Sections 4.2 through 4.6, in the course of Street and highway snow clearing operations for the immediate benefit of the public. 4.7 Section 4.1. does not apply if a significant amount of snow or ice, as determined by a Municipal Law Enforcement Officer, is placed or deposited upon the Public Sidewalk by the City, Niagara Parks, Region or person other than the Owner. 5. SNOW AND ICE REMOVAL BY CITY 5.1 The City shall ensure the clearing of Public Sidewalks adjacent to municipally owned properties and along select sidewalks designated by Council in the City’s Winter Maintenance Policy Plan, or other policies and plans, updated from time to time. 5.2 Where an Owner is in contravention of any provision of this by-law, the City, or a Municipal Law Enforcement Officer, in addition to any other action, may send notice to the Owner, requiring compliance with this by-law. In the event that a notice is sent and the matter in the notice is not remedied to conform with the provisions of this by-law within the time period set out in the notice, the City, its employees, agents or contractors may enter upon any land and carry out the work required to comply with this by-law, and may recover the costs in accordance with Section 446 of the Act. 5.3 Any notice given under this by-law may be given by ordinary mail or hand delivered to the address of the subject property, or to the address of the Owner according to the last Assessment Roll of the subject property, or the notice may be posted at the subject property, and such service shall be deemed good and sufficient service. 5.4 Notwithstanding Section 5.1, the City, its employees, agents or contractors may, without notice, perform any work necessary to comply with this by-law where there is an immediate danger or threat to public safety, and recover costs as in Section 5.2. 5.5 Anything removed by this section may be deposited elsewhere on the subject property. 6. ADMINISTRATION, ENFORCEMENT AND RIGHT OF ACCESS 6.1 This by-law shall be administered and enforced by a Municipal Law Enforcement Officer or any person appointed or otherwise delegated the authority of administration and enforcement. 6.2 The Municipal Law Enforcement Officer may enter upon and within and inspect any land, property, building or structure at any time to determine if any section of this Commented [SM1]: ??? Page 467 of 515 4 by-law is complied with, or to determine if any condition, direction or order issued pursuant to this by-law or the Act, or any court has been complied with. 6.3 The Municipal Law Enforcement Officer shall have inspection powers described in Section 436 of the Act. 6.4 No person shall obstruct or hinder, or attempt to obstruct or hinder, a Municipal Law Enforcement Officer, in the exercise of a power or the performance of a duty under this by-law. 6.5 No person shall refuse to produce any documents or things required by a Municipal Law Enforcement Officer under Section 6.3., and every person shall assist any entry, inspection, examination, or inquiry by a Municipal Law Enforcement Officer. 6.6 No person shall knowingly furnish false information in any form to the Municipal Law Enforcement Officer with respect to this by-law. 7. OFFENCES AND PENALTIES 7.1 A person is guilty of an offence if the person, (a) fails to comply with an order, direction, or other requirement under this by-law, or (b) contravenes this by-law. 7.2 A director or officer of a corporation who knowingly concurs in the contravention of this by-law by the corporation is guilty of an offence. 7.3 A person who is convicted of an offence under this by-law is liable to a fine of not more than $10,000 for a first offence, and to a fine of not more than $20,000 for a subsequent offence, where there has been a previous conviction under this by-law. 7.4 A person who is convicted of a continuing offence under this by-law is liable to a fine of not more than $10,000 for each day or part of a day that the offence continues. 7.5 Administrative Penalty By-law No. 2024-045 applies to each administrative penalty issued pursuant to this by-law. 7.6 Any person who contravenes any provision of this by-law shall, upon issuance of a penalty notice in accordance with Administrative Penalty By-law No. 2024-045, be liable to pay to the City an administrative penalty in accordance with the penalties as set out in Schedule “A” attached. 8. VALIDITY 8.1 Should any section, clause or provision of this by-law be held by a court of Page 468 of 515 5 competent jurisdiction to be invalid, the validity of the remainder of the by-law shall not be affected. 9. EFFECTIVE DATE 9.1 This by-law shall come into force and effect on October 1, 2026. Read a First, Second and Third time; passed, signed and sealed in open Council this Fourth day of February, 2025. ................................................................ ........................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 469 of 515 6 Schedule “A” Sidewalk Snow Clearing By-law 2025-XX ITEM COLUMN 1 SHORT FORM WORDING COLUMN 2 OFFENCE CREATING PROVISION OR DEFINING OFFENCE COLUMN 3 SET FINE 1. Fail to remove fallen snow from Public Sidewalk Section 4.1 $250.00 2. Fail to remove fallen ice from Public Sidewalk Section 4.1 $250.00 3. Place/deposit snow upon Public Sidewalk Section 4.2 $250.00 4. Place/deposit ice upon Public Sidewalk Section 4.2 $250.00 5. Place/deposit snow/ice adjacent to fire hydrant Section 4.3 $250.00 6. Place/deposit snow/ice in a manner to obstruct access to fire hydrant Section 4.3 $250.00 7. Place/deposit snow on traveled portion of highway obstructing traffic Section 4.4 $250.00 8. Place/deposit ice on traveled portion of highway obstructing traffic Section 4.4 $250.00 9. Place/deposit snow/ice in a manner than interferes with public utility Section 4.5 $250.00 10. Place/deposit snow/ice in a manner that interferes with traffic control Section 4.5 $250.00 11. Place/deposit snow/ice in a manner that interferes with fire route Section 4.5 $250.00 12. Place/deposit snow/ice in a manner that interferes with building system Section 4.5 $250.00 13. Place/deposit snow/ice in a manner that interferes with municipal street Section 4.5 $250.00 14. Place/deposit snow/ice in a manner that interferes with municipal water/sewer system Section 4.5 $250.00 15. Obstruction Section 6.4 $250.00 16. Fail to produce any documents/things required by an Officer Section 6.5 $250.00 17. Furnish false information to an Officer Section 6.6 $250.00 Page 470 of 515 CITY OF NIAGARA FALLS By-law No. 2025-017 A by-law to prescribe construction fencing as it relates to building permits issued under the Building Code Act. WHEREAS Section 11(3) of the Municipal Act, 2001, S.O. 2001, c 25 (“Municipal Act”) provides, that the Council of a lower-tier municipality may pass by-laws respecting structures, including fences and signs; AND WHEREAS Subsections 7(1)(i) and (j) of the Building Code Act, 1992, S.O. 1992, c. 23 (“Building Code Act”) provide that the Council of a municipality may pass by-laws requiring the person to whom a permit is issued to erect and maintain fences to enclose the site of the construction or demolition within such areas of the municipality as may be prescribed, and, to prescribe the height and description of the fences required; AND WHEREAS the Council of The Corporation of the City of Niagara Falls now deems it expedient to pass this by-law. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Definitions (a) “Building Code Act” means the Building Code Act, 1992, S.O. 1992, C.23, as amended from time to time. (b) “Building Permit” means a permit issued under the Building Code Act, which permits the construction, renovation, demolition, or change of use of a Building including but not limited to the construction of the foundation of a Building. (c) “Chief Building Official” means a chief building official appointed or constituted under section 3 or 4 of the Building Code Act. (d) “Public Walkway” or “Public Way” means a sidewalk, street, highway, square or other open space to which the public has access, as of right or by invitation, expressed or implied. (e) “Construction Fence” or “Construction Fencing” is fencing used to enclose a construction site. (f) “Structurally Sound” means the structure has the ability to withstand normal forces; is in good condition; solid and strong; free of defects. Page 471 of 515 2. Construction Fencing Specifications/Requirements – Commercial, Tourist, BIA, Mixed Use, Industrial, Institutional, and Residential (above three (3) storeys) Zones and City Gateway Entrances (a) The fencing must be of uniform material and shall be a minimum of 12.5mm thick smooth exterior grade plywood, wafer board, OSB or equivalent. (b) Any vandalism, including but not limited to spray painting and graffiti, on the fencing surface shall be removed, covered or painted over immediately. (c) If art is to be commissioned and placed on the construction fencing, all such art shall be proposed to and subject to the discretionary approval of the General Manager of Planning, Building and Development or their designate. (d) Every fence required under this by-law shall be removed no later than 20 business days after completion of the construction or demolition work. (e) Fencing must comply with the Ministry of Labour fencing requirements and the Occupational Health and Safety Act, O. Reg. 213/91: Construction Projects provisions in sections 64-66 – “Public Way Protection”, where applicable. (f) Every fence required under this section shall be located on the perimeter of the construction site and the Building Permit applicant is to ensure that the fencing is Structurally Sound. (g) Fencing shall be located on the property where the subject Building Permit applies. At no time shall fencing encroach onto other properties or municipal road allowances unless prior written consent has been obtained. (h) Construction Fencing must be provided to enclose the following areas: (1) a site where a building, is under construction, demolition, incomplete or abandoned, uninhabited, damaged by fire or otherwise; (2) an open excavation pit; (3) a site in close proximity to spaces where the public may congregate, or where the municipality deems the site a hazard to the public or a safety concern; and (4) any area as may be determined by the municipality as deemed required by the municipality from time to time. Page 472 of 515 (i) Wood fencing shall be of a natural colour, or painted one of the three optional colours – brown, grey or black or as approved by the General Manager of Planning, Building and Development or their designate. (j) When the site is located 3.0 metres or less from a Public Walkway or where the public congregates, the fence must be at least 1.8 metres high measured from grade outside of the enclosure. The fence height may be reduced to a minimum of 1.2 metres high only if the activity involves a residential building of no more than 3 storeys and is also located more than 3.0 metres from an adjacent Public Walkway. (k) Wood fencing may include the contractor’s name/logo on the fencing or signage for the future or existing building. Any signage shall, where applicable, comply with the City’s sign by-law and is to be approved by the City. (l) No rails, other horizontal or diagonal bracing, attachments, or pattern of openings on the outside of the fence that would facilitate climbing will be permitted. (m) No openings in the fence that will permit a spherical object of 100mm in diameter and no gaps below the fencing greater than 100mm will be permitted. (n) Gated entry and exits must be clearly identified and securely closed and locked during non-construction hours. The fence may include openings sufficient to accommodate construction vehicles, machines and any other equipment providing services to the construction site provided that these openings are securely closed off when no construction is being carried out on site including daily shutdowns. 3. No Conflict Nothing in this by-law derogates from or is intended to substitute or supersede the obligation to comply with all other applicable laws of the municipality and of other regulatory authorities. 4. Non-application of the Line Fences Act The Line Fences Act, R.S.O. 1990, c. 17 (“Line Fences Act”) does not apply to fences referred to in this by-law. 5. Retroactive Application This by-law shall apply retroactively to all construction projects in the jurisdiction of the municipality existing as of January 1, 2019, on a complaint driven basis or as deemed required by the municipality. Page 473 of 515 6. Offence and Liability Every person who contravenes any provision of this by-law, and every director or officer of a corporation who concurs in such contravention by the corporation, is guilty of an offence and upon conviction is liable to a fine as provided for under the provisions of the Provincial Offences Act, R.S.O. 1990, c P.33 (“Provincial Offences Act”). Read a First, Second and Third time; passed, signed, and sealed in open Council this 4th day of February, 2025. ................................................................ ................................................................ WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 474 of 515 CITY OF NIAGARA FALLS By-law No. 2025 - 018 A by-law to amend By-law No. 2024-045, to expand the Administrative Monetary Penalties System (“AMPS”) for Non-Parking Matters to include additional administrative monetary fines for By-law No. 2015-101, By-law No. 2009-73, By-law No. 2001-31, By-law No. 93-242, By- law No. 98-217 (as amended by By-law No. 99-217), By-law No. 99-16, By-law No. 2014-58, By-law No. 2005-70 (as amended by By-law No. 2014-153), By-law No. 2021-24 and By-law No. 2019-35. WHEREAS By-law No. 2024-045, was passed by the Council of the Corporation of the City of Niagara Falls on April 30, 2024, to designate certain by-laws or parts of such by-laws to which administrative penalties under section 434.1 of the Municipal Act, 2001, S.O. 2001, c.25 (the “Municipal Act”) shall apply; AND WHEREAS the City of Niagara Falls considers it desirable to expand the AMPS program to include additional by-laws or parts of such by-laws and to amend such designated by-laws to provide for the application of administrative penalties under section 434.1 of the Municipal Act; AND WHEREAS it is deemed desirable to amend By-law No. 2024-045 accordingly. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That Schedules A and B of By-law No. 2024-045 are repealed and replaced with Schedules A and B attached to this by-law. 2. All other applicable provisions and regulations set out in By-law No. 2024-045 shall remain the same and continue to apply. 3. 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 or its schedules after the passage of this by-law. Read a First, Second and Third time; passed, signed and sealed in open Council this XX day of XXXXX, 20XX. ................................................................................ ..................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 475 of 515 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 Municipal Act; (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 476 of 515 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. Operation of a motor vehicle, engine, 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 477 of 515 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. The use of any electronic device or group of connected electronic devices incorporating one or more loudspeakers or other electro-mechanical transducers and intended for the production, 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 478 of 515 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 Municipal Act; (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 Municipal Act, 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 479 of 515 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 Municipal Act; (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 480 of 515 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 481 of 515 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 Municipal Act; (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 Municipal Act, 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 482 of 515 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 483 of 515 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 Municipal Act; (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 Municipal Act, 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 484 of 515 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 Municipal Act; (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 Municipal Act; (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 485 of 515 (d) Sections 446 and 434.2 of the Municipal Act, 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 Municipal Act; (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 Municipal Act; Page 486 of 515 (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 Municipal Act; (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 Municipal Act, 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 487 of 515 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 Municipal Act; (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 488 of 515 (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 Municipal Act, 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 489 of 515 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 Municipal Act; (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 Municipal Act, 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 490 of 515 (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 491 of 515 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 Municipal Act; (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 Municipal Act, 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 492 of 515 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 493 of 515 2 Screening No Show Fee $50.00 3 Hearing No Show Fee $100.00 4 Land Title Searching Fees $55.00 Page 494 of 515 1 CITY OF NIAGARA FALLS By-law No. 2025-019 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 to a detached dwelling, semi-detached dwelling unit, duplex dwelling unit, townhouse dwelling unit, or an on-street townhouse dwelling unit; and (b) by deleting the definition for “PARCEL OF RURAL LAND” and replacing it with the following: Page 495 of 515 2 “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 may be permitted on a parcel of rural land where a detached dwelling is permitted, on lands zoned A or R, subject to the regulations of subsections 4.45.3 and 4.45.4 of this By-law. This may be either: Page 496 of 515 3 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 of this By- law; (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 of this By-law; (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 4.5 metres in height, save and except for an accessory building existing as Page 497 of 515 4 of the date of the passing of this By-law, provided that all other regulations of Section 4.45.4 of this By-law 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: (d) Additional dwelling unit(s) in a detached dwelling, subject to the provisions of Section 4.45 of this By-law Page 498 of 515 5 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 4th day of February, 2025. ....................................................................... ..................................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 499 of 515 CITY OF NIAGARA FALLS By-law No. 2025-020 A by-law to provide for the adoption of Amendment No. 179 to the City of Niagara Falls Official Plan (AM-2024-035). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS, IN ACCORDANCE WITH THE PLANNING ACT, 1990, AND THE REGIONAL MUNICIPALITY OF NIAGARA ACT, HEREBY ENACT AS FOLLOWS: 1. Amendment No. 179 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 4th day of February, 2025. ........................................................ ...................................................... BILL MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 500 of 515 OFFICIAL PLAN AMENDMENT NO. 179 PART 1 – PREAMBLE (i) Purpose of the Amendment The purpose of the Amendment is to redesignate the lands to Residential, in part, Open Space, in part, and Environmental Conservation Area, in part, and be identified as Special Policy Area 104 for the purpose of facilitating 544 dwelling units, parkland, a stormwater management facility, and watercourse protection. (ii) Location of the Amendment The amendment applies to the lands shown as Special Policy Area 104 on Schedule “A” to the Official Plan – Future Land Use. (iii) Details of the Amendment Map Change MAP 1 – Schedule “A” to the Official Plan – Future Land Use has been amended to show the Residential designation, in part, the Open Space designation, in part, and the Environmental Conservation Area designation, in part, with Special Policy Area 104 and a “Limit of Residential Development”. Text Change PART 2, SECTION 13 – SPECIAL POLICY AREAS, is amended by the addition of Subsection 13.104. (iv) Basis of the Amendment The City of Niagara Falls retained Watson & Associates Economists Ltd. in partnership with Dillon Consulting Ltd., and MDB Insight Inc., to complete an Employment Lands Strategy with the intent of providing a long-term vision and planning policy framework for the City to enhance the competitive position for industrial and office employment. The Employment Lands Strategy assessed the City’s long-term employment land needs to the 2051 planning horizon, considered the adequacy and marketability of the City’s ‘shovel-ready’ employment lands in the near-term, and provided a number of policy recommendations for implementation to achieve consistency, conformity and alignment with upper-tier and provincial planning policy. The Employment Lands Strategy was subject to a number of stakeholder sessions, as well as a public consultation process on the proposed recommendations and implementing amendments to the Official Plan and Zoning By-law. Statutory Public meetings under the Planning Act were held on July 13, 2021 and on August 9, 2022. Page 501 of 515 The Employment Land Strategy resulted in the adoption of Official Plan Amendment No. 147 on April 18th, 2023 by the Council of the City of Niagara Falls. The Council of the Regional Municipality of Niagara approved Official Plan Amendment No. 147, with modifications, on August, 9th, 2023. Official Plan Amendment No. 147 is currently under appeal and before the Ontario Land Tribunal. Conversion of the lands that are affected by this Amendment was assessed and contemplated through the Employment Lands Strategy. The Strategy recommended the conversion of the lands to Residential, subject to specific policies relating to land use compatibility. The specific policies were further modified by the Regional Municipality of Niagara. Official Plan Amendment No. 179 incorporates the findings of the City’s Employment Lands Strategy and the Special Policy Area policies as detailed in the Regional Municipality of Niagara’s approval of Official Plan Amendment No. 147. Official Plan Amendment No. 179 also introduces a “Limit of Residential Development”. Although there is no basis or justification for including this limit from a land use compatibility perspective based on the Provincial D-6 Guidelines and the conclusions of the Compatibility/Mitigation Study – Air Quality, Noise and Vibration, prepared by SLR Consulting (Canada) Ltd. and dated November 12th, 2024, the applicant has requested to establish this limit. Page 502 of 515 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. 179 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. 179”, shall be identified as Special Policy Area 104 on Schedule “A” to the Official Plan – Future Land Use. 2. TEXT CHANGE a. PART 2, SECTION 13 – SPECIAL POLICY AREAS, is hereby amended by adding the following subsection: 13.104 SPECIAL POLICY AREA “104” Notwithstanding any other policies or designations in this Plan to the contrary, Special Policy Area “104” applies to 22.9 hectares of land located on the south side of McLeod Road, east of Beechwood Road. The Residential designation of the lands will come into effect only when the following conditions are cleared by the City of Niagara Falls in consultation with the Regional Municipality of Niagara: a) 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 the Regional Municipality of Niagara, in consultation with the City of Niagara Falls for review and approval. ii. The Regional Municipality of Niagara 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, Page 503 of 515 the Risk Assessment shall identify appropriate non- residential uses to be considered for the lands. b) 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. c) 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 Sections 4.2.5.1 and 4.2.5.2 of the Niagara Official Plan, 2022. A “Limit of Residential Development” is included on Map 1 to Official Plan Amendment No. 179 at the request of the applicant. Lands south of the “Limit of Residential Development” shall be designated Open Space, in part, and Environmental Conservation Area, in part. Land uses south of the “Limit of Residential Development” shall be restricted to the following: conservation use, existing agricultural use, wildlife management, work of a conservation authority, recreational uses without residential uses, and pedestrian trails/walkways. Residential development on the lands within Special Policy Area “104” shall have a maximum building height of 10 metres. Notice/warning clause(s) shall be registered on title to any future Residential lots/units to notify the owners that there is potential odour, air and noise emissions, including high intensity lighting emanating from neighbouring industries, including the heavy industrial uses located west of Garner Road and north of Chippawa Creek Road, and from the Regional Municipality of Niagara’s Garner Road Biosolids Treatment Facility. Warning clauses, 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, shall also be included in all agreements of purchase and sale or lease, or rental agreements. The lands within Special Policy Area “104” are located within the Thompson Creek Watershed. Prior to any development, a comprehensive Stormwater Management Report is required to assess the development’s impact on Thompson Creek. Page 504 of 515 Page 505 of 515 CITY OF NIAGARA FALLS By-law No. 2025-021 A by-law to amend By-law No. 79-200 to regulate the McLeod Meadows Plan of Subdivision, subject to the removal of a Holding (H) symbol (AM-2024-035). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by-law are described in Schedule 1 of this by-law and shall be referred to in this by-law as the “Lands”. Schedule 1 is a part of this by-law. 2. The Lands shall be identified as four parcels, known as Parcels R3(H)-1277, OS(H)-1278, EPA(H)-1279, and EPA(H)-1280. 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 R3(H)-1277, the uses permitted in the R3 zone and back-to-back townhouse dwellings; (b) For Parcel OS(H)-1278, the uses permitted in the OS zone; (c) For Parcel EPA(H)-1279, the uses permitted in the EPA zone, a stormwater management facility, and pedestrian trails/walkways; and (d) For Parcel EPA(H)-1280, the uses permitted in the EPA zone and pedestrian trails/walkways. 6. The regulations governing the permitted uses on Parcel R3(H)-1277 shall be: (a) Minimum lot area i. For a back-to-back townhouse dwelling 110 square metres for each dwelling unit Page 506 of 515 2 (b) Minimum lot frontage i. For a back-to-back townhouse dwelling (c) Minimum front yard depth i. For a detached dwelling, on- street townhouse dwelling, or back-to-back townhouse dwelling, save and except for an on-street townhouse dwelling abutting McLeod Road or Beechwood Road ii. For a private garage with driveway access from the front yard save and except for an on-street townhouse dwelling abutting McLeod Road or Beechwood Road iii. For an on-street townhouse dwelling abutting McLeod Road or Beechwood Road iv. For an accessory building or structure with or without an additional dwelling unit on a lot containing an on-street townhouse dwelling that abuts McLeod Road or Beechwood Road (d) Minimum rear yard depth i. For a detached dwelling ii. For an on-street townhouse dwelling, save and except for an on-street townhouse dwelling abutting McLeod Road or Beechwood Road 6 metres for each dwelling unit 4.5 metres 6 metres 6 metres The front elevation of the dwelling must be facing McLeod Road or Beechwood Road 6 metres 7 metres 7 metres Page 507 of 515 3 iii. For an on-street townhouse dwelling abutting McLeod Road or Beechwood Road iv. For a back-to-back townhouse dwelling (e) Minimum interior side yard width i. For a detached dwelling with a height less than 2 storeys ii. For a detached dwelling with a height greater than 2 storeys (f) Minimum exterior side yard width i. For a back-to-back townhouse dwelling (g) Maximum lot coverage (h) Maximum width of a driveway or parking area in the front yard of a lot i. For an on-street townhouse dwelling, save and except for an on-street townhouse dwelling abutting McLeod Road or Beechwood Road ii. For an on-street townhouse dwelling abutting McLeod Road or Beechwood Road (i) Vehicular access to an accessory building or structure that will function as a garage and location of a driveway for an on-street townhouse dwelling abutting McLeod Road or Beechwood Road (j) Minimum interior side yard width of an accessory building or structure containing an additional dwelling unit 3 metres n/a 0.9 metres 1.2 metres 3 metres none 70% of the lot frontage none Vehicular access shall not be provided from McLeod Road or Beechwood Road Notwithstanding section 4.45.4 (a) of By-law No. 79-200, a common detached accessory building or structure containing an accessory Page 508 of 515 4 (k) Location of an accessory building or structure i. For a lot containing an on- street townhouse dwelling that abuts McLeod Road or Beechwood Road (l) Maximum floor area of an additional dwelling unit within an accessory building or structure (m) Maximum building height of an accessory building or structure containing an additional dwelling unit dwelling unit may be centred on the mutual lot line if erected simultaneously on two abutting lots Notwithstanding sections 4.13 (a) and (d) and 4.45.4 (a) of By-law No. 79-200, an accessory building or structure with or without an additional dwelling unit may only be erected in the front yard or interior side yard Notwithstanding section 4.45.4 (c) of By-law No. 79-200, the floor area of an additional dwelling unit within an accessory building or structure shall not exceed 40% of the floor area of the detached dwelling or dwelling unit Notwithstanding section 4.45.4 (d) of By-law No. 79-200, an accessory building or structure containing an additional dwelling unit shall not exceed 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 (n) The balance of the regulations specified for an R3 use. 7. The regulations governing the permitted uses on Parcel OS(H)-1278 shall be: (a) Minimum lot frontage none (b) Minimum lot area none (c) The balance of regulations specified for an OS use. 8. The regulations governing the permitted uses on Parcel EPA(H)-1279 shall be the regulations for an EPA use. Page 509 of 515 5 9. The regulations governing the permitted uses on Parcel EPA(H)-1280 shall be the regulations for an EPA use. 10. All other applicable regulations set out in By-law No. 79-200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 11. For the purposes of this by-law: “Back-to-back townhouse dwelling” means a building containing dwelling units divided by common vertical walls above grade, and a common rear wall. 12. No person shall use the Lands for a use that is not a permitted use. 13. No person shall use the Lands in a manner that is contrary to the regulations. 14. The Holding (H) symbol that appears on Schedule 1 attached hereto is provided for in the City of Niagara Falls Official Plan pursuant to Section 36 of the Planning Act. No person shall use the Lands described in section 1 of this by-law and shown hatched and designated R3(H) and numbered 1277, OS(H) and numbered 1278, EPA(H) and numbered 1279, and EPA(H) and numbered 1280 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: • Undertake a Risk Assessment for review and approval to the satisfaction of The Regional Municipality of Niagara and the City to support a residential designation on the Lands. i. In advance of the Risk Assessment commencing, the landowner or developer shall submit a Risk Assessment Terms of Reference to The Regional Municipality of Niagara, in consultation with the City of Niagara Falls for review and approval. ii. The Regional Municipality of Niagara 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. Page 510 of 515 6 • Prepare a Land Use Compatibility Study in accordance with Provincial D-6 Guidelines, which shall be peer reviewed to the satisfaction of The Regional Municipality of Niagara and the City; • Provide written acknowledgement demonstrating the gross floor area of nonresidential space being retained for a similar number of jobs to remain accommodated on the Lands 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 Regional Municipality of Niagara and the City; and • Include and implement various noise warning clauses/mitigation measures through the future Subdivision Agreement to the satisfaction of The Regional Municipality of Niagara and the 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. 15. The provisions of this by-law shall be shown on Sheets A6 of Schedule “A” of By- law No. 79-200 by redesignating the Lands from LI, in part, HL, in part, and DH, in part, to R3(H) and numbered 1277, OS(H) and numbered 1278, EPA(H) and numbered 1279, and EPA(H) and numbered 1280. 16. Section 19 of By-law No. 79-200 is amended by adding thereto: 19.1.1277 Refer to By-law No. 2025-021. 19.1.1278 Refer to By-law No. 2025-021. 19.1.1279 Refer to By-law No. 2025-021. 19.1.1280 Refer to By-law No. 2025-021. Read a First, Second and Third time; passed, signed and sealed in open Council this 4th day of February, 2025. ....................................................................... ..................................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 511 of 515 Page 512 of 515 CITY OF NIAGARA FALLS By-law No. 2025 - 022 A by-law to amend By-law No. 2002-081, being a by-law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by-laws. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1 . By-law No. 2002-081 is amended by deleting Schedule “C” and that Schedule “C” attached hereto shall be inserted in lieu thereof. Read a first, second, third time and passed. Signed and sealed in open Council on this 4th day of February, 2025. ............................................................... ........................................................... WILLIAM MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 513 of 515 SCHEDULE “C” 1. Parking By-law Enforcement Officers: Florina Andrei Kaven Bowen Paul Brown Lucas D’Alesio Zayn Dehghan Amanda Diprose Stew Frerotte John Garvie Douglas Goodings Summit Lohan Jay Modi Simratpal Singh Philip Rudachuk Raheim Wedderburn Page 514 of 515 CITY OF NIAGARA FALLS By-law No. 2025 - 023 A by-law to adopt, ratify and confirm the actions of the City Council at its meeting held on the 4th day of February, 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 4th day of February 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 4th day of February, 2025. ........................................................ ……........................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 515 of 515