HomeMy WebLinkAbout04-08-2025
AGENDA
City Council Meeting
2:00 PM - Tuesday, April 8, 2025
Council Chambers/Zoom App.
All Council Meetings are open to the public
in person, in Council Chambers or watched
virtually.
All electronic meetings can be viewed on
this page, the City of Niagara Falls YouTube
channel, the City of Niagara Falls Facebook
page, along with YourTV Niagara.
Page
1. CALL TO ORDER
2. IN CAMERA SESSION OF COUNCIL
2.1. In-Camera Resolution (Added)
April 8, 2025 - Resolution to go In-Camera
13
2.2. In-Camera Resolution - for Council to go In-Camera for a special
meeting on June 16, 2025 (Added)
Special Meeting of June 16 2025 - Resolution to go In-Camera
14
3. CALL TO ORDER - COUNCIL MEETING RECONVENING
O Canada: Performed by: Liza Silagan
Land Acknowledgement and Traditional Indigenous Meeting Opening
4. ADOPTION OF MINUTES
4.1. Council Minutes of March 18, 2025
City Council - 18 Mar 2025 - Minutes - Pdf
15 - 30
5. DISCLOSURES OF PECUNIARY INTEREST
Disclosures of pecuniary interest and a brief explanation thereof will be
made for the current Council Meeting at this time.
6. MAYOR'S REPORTS, ANNOUNCEMENTS
7. DEPUTATIONS / PRESENTATIONS / APPOINTMENTS
Page 1 of 434
All speakers are reminded that they have a maximum of 5 minutes to
make their presentation.
7.1. Niagara Parks Commission
David Adames, CEO of Niagara Parks Commission, along with
Bob Gale, Chair of Niagara Parks Commission, to update Council
on Niagara Parks initiatives and projects.
Presentation - Niagara Parks Update - NF Council - March 2025
v2
31 - 47
7.2. Presentation to Council on Regional Water/Wastewater
Phill Lambert,Niagara Region's Director of Water/Wastewater,
along with Terry Ricketts, Commissioner of Public Works, to
provide a presentation to Council on the state of the
water/wastewater system.
Presentation WWW Services for NF Council
48 - 65
7.3. Niagara Canada International Film Festival
The President of Niagara Canada International Film Festival, Dr.
Gordon So, is requesting a presentation before Council to
discuss the upcoming Niagara Canada International Film Festival
on June 7 and June 8, 2025 at the Greg Frewin Theatre.
The festival aims to champion independent filmmakers locally
and from around the world, while also bringing tourism to the
beautiful city of Niagara Falls. The organizer is looking for an
opportunity to discuss their initiatives and how they can
collaborate further.
The following individuals may be accompanying Dr. Gordon So:
Jey Jeyakanthan, Executive Director
Carlos Sousa, Senior Advisor
Elyza Valdez, Outreach Team
Alanna Frewin, Greg Frewin Theatre
7.4. Appointment Request - Steven Docherty (Correspondence
added)
Resident Steven Docherty is requesting to speak before Council
regarding traffic safety concerns.
Appointment Request - Steven Docherty - Traffic Concerns
Correspondence sent from Steven Docherty - 2025-04-08 City
Council Appointment
66 - 73
8. PLANNING MATTERS
Page 2 of 434
8.1. PBD-2025-XX (PUBLIC MEETING - TO BE DEFERRED UNTIL
A FUTURE DATE)
AM-2024-019 & 26CD-11-2024-007, Zoning By-law
Amendment and Draft Plan of Vacant Land Condominium
Application
6111 Carlton Avenue
Proposal: 6 townhouse and 2 semi-detached dwellings along
a private roadway
Applicant: Tanya Byrd and Eric Byrd
Agent: Upper Canada Consultants
8.2. PBD-2025-23 (PUBLIC MEETING) - (Report added)
AM-2024-027 & 26T-11-2019-001 – Official Plan Amendment,
Zoning By-law Amendment & Draft Plan of Subdivision
Modification
Part 6357 Progress Street
Proposal: To facilitate the development of 626 dwelling units,
parkland, open space, a stormwater management facility and
public roads.
Applicant: Centennial Homes (Niagara) Inc. (Joe Candeloro)
Agent: Upper Canada Consultants (William Heikoop)
Mackenzie Ceci, Senior Planner - Current Development, will
provide an overview of Report PBD-2025-23.
PBD-2025-23 - Pdf
Presentation (Staff) - AM-2024-027 & 26T-11-2019-001
Presentation (Applicant) - AM-2024-027 & 26T-11-2019-001
2025-04-04_Comments from residents (Redacted)
74 - 184
8.3. PBD-2025-22 (PUBLIC MEETING) (Presentations added)
AM-2024-008, Official Plan and Zoning By-law Amendment
Application
5567 Ontario Avenue and adjacent vacant parcel to the south
(Lot 15), Lot 16, Plan 328; and Lot 15 Plan 328; City of
Niagara Falls
Proposal: To increase the permitted density, rezone the
subject lands to recognize the legal non-complying 3-storey
apartment building on Lot 16, and rezone Lot 15 to permit a
3-storey apartment building.
Applicant: DSV Capital Management Corp and Dominic
Spedaliere
Agent: Robert Smit (NPG Planning Solutions)
185 - 234
Page 3 of 434
Nick DeBenedetti, Planner 2, will provide an overview of Report
PBD-2025-22.
PBD-2025-22 - Pdf
Presentation (Staff) - AM-2024-008 - 5567 Ontario Ave and
Vacant Lot - Public Meeting
Presentation (Applicant) 5567 Ontario Avenue - Public Meeting
8.4. PBD-2025-21 (PUBLIC MEETING) - (Report added)
AM-2024-011
Official Plan and Zoning By-law Amendment Applications
7302 Kalar Road
Part Township Lot 179, Stamford as in RO484133; City of
Niagara Falls
Proposal: To permit 13 and 15 storey apartment buildings
with 412 dwelling units and to protect a tributary of Warren
Creek, its buffer, and associated floodplain
Applicant: 2131595 Ontario Inc. (Terry Perri)
Agent: Peter Lesdow (Peter J. Lesdow Architect)
Julie Hannah, Manager of Policy Planning, will provide an
overview of Report PBD-2025-21.
PBD-2025-21 - Pdf
PBD-2024-21 - (STAFF PRESENTATION) - AM-2024-011 7302
Kalar Road Public Meeting
Presentation (Applicant)PJL - 7302 Kalar Road Public Meeting
235 - 283
9. REPORTS
9.1. MW-2025-08
Assumption of Various Subdivisions
MW-2025-08 - Pdf
284 - 292
9.2. MW-2025-09
Shared Service Agreement with Niagara Parks Commission
293 - 298
Page 4 of 434
MW-2025-09 - Pdf
9.3. PBD-2025-24 (Report added)
2025 Planning Fees Update
PBD-2025-24 - Pdf
299 - 304
10. 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 #10.1 through
to and including Item #10.2.
10.1. CS-2025-25
Permanently Close and Declare Surplus Part of Bossert
Road between Willoughby Drive and Niagara River Parkway;
Niagara Falls
Our File: 2025-018
CS-2025-25 - Pdf
305 - 308
10.2. RCF-2025-05 (Report added)
2024 Annual Update from the Public Art Advisory Task Force
RCF-2025-05 - Pdf
309 - 317
11. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK -
RECOMMENDED FOR APPROVAL / SUPPORT
This Communications section of the agenda is a set of items listed as
correspondence to Council that could be approved in one motion of
Council.
Prior to any motion being taken, a Councillor may request that one or
more of the items be lifted for discussion and considered separately.
RECOMMENDATION: THAT Council approve/support Item #11.1
through to and including Item #11.12.
Page 5 of 434
11.1. Proclamation and Lighting of City Hall in Blue - National
Physician's Day/Provincial Doctor's Day
Enterprise Canada is working with the Ontario Medical
Association (OMA) to celebrate and promote Doctors’ Day. They
have reached out to local area municipalities in the Niagara
Region to ask for our participation in this year’s celebrations by
lighting City Hall in blue on Thursday, May 1. Various landmarks,
city halls, and other municipal centres have lit up blue in the past
to celebrate physicians, and they are hoping this year will be the
biggest yet.
Recommendation: THAT Council PROCLAIM Thursday, May
1st, 2025 as "Doctor's Day in Ontario" and light City Hall in blue
on the same day to show support.
Proclamation - Doctor's Day in Ontario
318
11.2. Proclamation Request - Canadian Viral Hepatitis Elimination
Day
On behalf of the Niagara Health System's-Addiction Services -
Hepatitis C Care Clinic, the attached is a request for Council to
proclaim May 9, 2025 as "Canadian Viral Hepatitis Elimination
Day" in Niagara Falls.
Recommendation: THAT Council PROCLAIM Friday, May 9,
2025 "Canadian Viral Hepatitis Elimination Day" in Niagara Falls.
Proclamation Request - Canadian Viral Hepatitis Elimination Day
Proclamation - Bilingual (Niagara Falls - 2025).docx
Email from Hepatitis C Care Clinic Community Coordinator
319 - 321
11.3. Proclamation Request - Be A Donor Month - April 2025
The Trillium Gift of Life Network (TGLN) is asking Council to
proclaim April as "BeADonor" Month during the month of April.
BeADonor Month is an annual campaign led by TGLN to raise
awareness about organ and tissue donation and transplantation
in Ontario. It’s a time to take meaningful action – whether by
registering as a donor, having vital conversations with loved ones
about your donation wishes, or spreading the word about the
impacts of donor registration.
Recommendation: THAT Council PROCLAIM April 2025 as
"BeADonor" month.
322 - 325
Page 6 of 434
BeADonor Month 2025 Backgrounder
2025_BeADonor Month_Proclamation_Template_EN
11.4. Proclamation and Flag-Raising Request - National Day of
Mourning
Attached is a request from the Niagara Regional Labour Council
requesting Council to proclaim Monday, April 28, 2025 as
"National Day of Mourning" and also request that all flags be
flying at half-mast at City Hall, as we remember those who have
been injured or were killed in the workplace.
Recommendation: THAT Council PROCLAIM Monday, April 28,
2025 as "National Day of Mourning" and fly the flag at half-mast
at City Hall.
Proclamation and Flag-Raising Request -Niagara Falls Day of
Mourning 2025
326
11.5. Proclamation and Flag-Raising Request - Leave a Legacy
Month - May 2025
The Niagara Community Foundation (NCF) is requesting Council
to proclaim the month of May 2025 as "Leave a Legacy Month"
and to arrange a flag-raising ceremony to highlight both Leave a
Legacy Month and the 25th Anniversary of NCF in Niagara.
Recommendation: THAT Council PROCLAIM the month of May
2025 as "Leave a Legacy Month" and to arrange a flag-raising
ceremony on Tuesday, May 6, 2025.
Proclamation - Leave a Legacy Month
327
11.6. Flag-Raising Request - Restoration Day of the Dominican
Republic
The Dominican Republic community is requesting Council to
approve a flag-raising ceremony at Niagara Falls City Hall on
Friday, August 15, 2025 and a special illumination of Niagara
Falls with the colours of the flag on Saturday, August 16, 2025, to
celebrate their heritage and history.
Recommendation: THAT Council APPROVE a flag-raising
ceremony at Niagara Falls City Hall on Friday, August 15, 2025
and a special illumination of Niagara Falls with the colours of the
flag on Saturday, August 16, 2025, to celebrate their heritage and
history to celebrate Restoration Day of the Dominican Republic.
11.7. Special Occasion Permit - Niagara Ukrainian Family Festival 328 - 338
Page 7 of 434
- Firemen's Park
Organizers of the event are looking to Council for a letter of
Municipal Significance for the Niagara Ukrainian Family Festival
taking place on Saturday, July 5, 2025 and Sunday, July 6, 2025
at Firemen's Park. With Council declaring the event as
"municipally significant," this will assist the organizers with
obtaining a Special Occasion permit from the AGCO.
Recommendation: THAT Council DECLARE the Niagara
Ukrainian Family Festival at Firemen's Park as an event of
municipal significance in the City of Niagara Falls in order to
assist with a Special Occasion permit from the AGCO.
Special Occasion Permit Request - Niagara Ukrainian Family
Festival
Presentation - NUFF
11.8. Noise By-law Exemption - Niagara Ribstock 2025
Attached is a request for a Noise by-law Exemption for an
upcoming community event, Niagara Ribstock, 2025, which will
be held at Firemen's Park, 2275 Dorchester Road to allow for the
playing of amplified music and live music performances until
11:00 PM on Friday, June 20, 2025 and Saturday, June 21, 2025.
Recommendation: THAT Council APPROVE a Noise by-law
Exemption for Niagara Ribstock, 2025, held at Firemen's Park,
2275 Dorchester Road to allow for the playing of amplified music
and live music performances until 11:00 PM on Friday, June 20,
2025 and Saturday, June 21, 2025.
Noise By-law Exemption - Niagara Ribstock 2025
339
11.9. Noise By-law Exemption - Taps Brewhouse
Attached is a request for a Noise by-law Exemption for a series of
outdoor events hosted by Taps in the City of Niagara Falls to
allow for the playing of amplified music and live music
performances past 9:00 PM on the dates listed on the attached
correspondnece.
Recommendation: THAT Council APPROVE a Noise by-law
Exemption for Taps Brewhouse to allow for the playing of
amplified music past 9:00 PM on the specified dates as listed in
the correspondence.
340 - 341
Page 8 of 434
Noise By-law Exemption - Taps - request for Noise
11.10. Fallsview BIA - 2025 Proposed Budget
Attached is the Fallsview BIA's 2025 proposed budget for
Council's approval.
Recommendation: THAT Council APPROVE the Fallsview BIA's
proposed budget for 2025.
Fallsview BIA 2025 Budget_City
342
11.11. Noise By-law Exemption - Niagara Renaissance Festival
Attached is a request for a Noise By-law Exemption for an
upcoming event, Niagara Renaissance Faire, which will be held
at Firemen's Park, 2275 Dorchester Road, on Saturday, May 17
and Sunday, May 18, 2025, to allow for live outdoor music to be
played until 10:30 PM on Saturday, May 17, 2025.
Recommendation: THAT Council APPROVE a Noise by-law
Exemption for Niagara Renaissance Faire, held at Firemen's
Park, 2275 Dorchester Road, on Saturday, May 17,2025 to allow
for live outdoor music to be played until 10:30 PM.
Noise By-law Exemption - Niagara Renaissance Festival
343
11.12. Flag-Raising Request - Franco-Ontarian Day
Attached is a request for Council to approve a flag-raising
ceremony on Thursday, September 25, 2025 to celebrate
"Franco-Ontarian Day." In 2025, this date will also mark the 50th
Anniversary of the Franco-Ontarian flag, a powerful symbol of
pride and identity for Ontario's Francophone community.
Recommendation: THAT Council APPROVE a flag-raising
ceremony on Thursday, September 25, 2025 to celebrate
"Franco-Ontarian Day."
Flag-Raising Request - Franco-Ontarian Day
Ltr N Falls Invitation Flag-Raising Ceremony le 25 septembre
2025
344 - 346
12. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK -
RECOMMENDED FOR INFORMATION
This Communications section of the agenda is a set of items listed as
correspondence to Council that could be approved in one motion of
Council, mostly consisting of Resolutions received from other Ontario
Page 9 of 434
Municipalities. Prior to any motion being taken, a Councillor may
request that one or more of the items be lifted for discussion and
considered separately.
RECOMMENDATION: THAT Council receive for information Item
#12.1 through to and including Item #12.4.
12.1. Resolution - Town of Pelham - Proposed U.S. Tariffs
Attached is correspondence relating to a Resolution passed by
the Council of the Town of Pelham on March 26, 2025, pertaining
to the proposed U.S. Tariffs.
Recommendation: THAT Council RECEIVE for Information.
Resolution - Town of Pelham - March 26, 2025 - Trade Tariffs
347 - 349
12.2. Resolution - City of Peterborough - Tariff Motion
Attached is a resolution that was passed by the City of
Peterborough Council pertaining to the tariffs.
Recommendation: THAT Council RECEIVE for Information.
Resolution - City of Peterborough - Tariff Motion
350 - 351
12.3. Resolution - City of Peterborough - Redistribution of Land
Transfer Tax, Sustainable Infrastructure Funding
Attached is a resolution that was passed by the City of
Peterborough Council.
Recommendation: THAT Council RECEIVE for Information.
Resolution - City of Peterborough - Redistribution of Land
Transfer Tax, Sustainable Infrastructure Funding Resolution
352 - 353
12.4. Resolution - City of Port Colborne - Lodging House By-law
Attached is a resolution from the City of Port Colborne passed at
its Council meeting on February 25, 2025 with respect to the
Governing of Lodging Houses in the City of Port Colborne.
Recommendation: THAT Council RECEIVE for information.
Resolution - City of Port Colborne - Lodging House By-law
Approval February 25 2025
City of Port Colborne - By-law No. 7322-13-25 - License, regulate
and govern Lodging Houses in th City of Port Colborne
354 - 368
Page 10 of 434
12.5. Resolution - Town of Fort Erie - Accessibility Advisory
Committee Niagara Transit Issues
Attached is a resolution, addressing the concerns of the Town of
Fort Erie Accessibility Advisory Committee.
Recommendation: THAT Council RECEIVE for information.
Resolution - Town of Fort Erie Accessibility Advisory Committee -
Niagara Transit Issues
369 - 375
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 - Ontario Big City Mayors
Attached is a request for a Notice of Motion from Mayor Diodati
regarding membership into Ontario's Big City Mayors (OBCM).
Notice of Motion - Ontario's Big City Mayors
376
15. BY-LAWS
The City Clerk will advise of any additional by-laws or amendments to
the by-law listed for Council consideration.
2025-
042.
A by-law provides for the adoption of Amendment No. 181 to the
City of Niagara Falls Official Plan (AM-2024-008).
By-law 2025-042 - AM-2024-08 - 5567 Ontario Ave - OPA
377 - 380
2025-
043.
A by-law to amend By-law No. 79-200, to permit the use of the
Lands for the development of a 3-storey 11-unit apartment
dwelling, subject to removal of a Holding (H) symbol and a 3-year
sunset clause (AM-2024-008).
By-law 2025-043 - AM-2024-08 - Lot 15, Plan 328 - ZBA
381 - 384
2025-
044.
A by-law to amend By-law No. 79-200, to permit the existing 3-
storey 7-unit apartment dwelling as a use of the Lands, subject to
removal of a Holding (H) symbol (AM-2024-008).
385 - 387
Page 11 of 434
By-law 2025-044 - AM-2024-08 - 5567 Ontario Ave - ZBA
2025-
045.
A by-law to permanently rename a roadway, east of Schisler
Road and west of Montrose Road as referenced in report PBD-
2025-10 which was approved in council February 4, 2025.
By-law 2025-045 - Renaming of roadway
388
2025-
046.
A by-law to amend By-law No. 89-2000, being a by-law to
regulate parking and traffic on City Roads. (Parking Prohibited,
Stopping Prohibited).
By-law 2025-046 - 04 08 2025 - St. Mary's St, Dorchester Rd
389 - 390
2025-
047.
A by-law to amend By-law No. 2024-113, to include new fees and
charges relating to the transfer of regional planning
responsibilities to the City.(by-law added)
By-law 2025-47 2025 Schedule of Fees
2025 Schedule of Fees amendment of Planning Fees 4.8.25.xlsb
391 - 433
2025-
048.
A by-law to adopt, ratify and confirm the actions of the City
Council at its meeting held on the 8th day of April, 2025.
By-law 2025-048 - 04 08 25 Confirming By-law
434
16. ADJOURNMENT
Page 12 of 434
The City of Niagara Falls, Ontario
Resolution
April 8, 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 April 8, 2025, Niagara Falls City Council will be holding Closed Meetings
as permitted under s. 239 (2) of the Municipal Act, namely;
(c) a proposed or pending acquisition or disposition of land by the municipality or
local board
(b) personal matters about an identifiable individual, including municipal or local
board employees
THEREFORE BE IT RESOLVED that on April 8, 2025 Niagara Falls City Council will go
into a closed meeting to consider matters that fall under 239 (2) (b) personal matters
about an identifiable individual, including local board employees to be considered to fill
vacancies to various committees; and (c) a proposed or pending acquisition or
disposition of land by the municipality, regarding an potential land sale of municipal
property.
AND The Seal of the Corporation be hereto affixed.
WILLIAM G. MATSON JAMES M. DIODATI
CITY CLERK MAYOR
Page 13 of 434
The City of Niagara Falls, Ontario
Resolution
April 8, 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 s. 5.1 of the City’s Procedural By-law states that all regular meetings of
Council shall be held according to the schedule to be set annually AND that in the event
that a Special Meeting of Council is required, the Clerk shall provide all Members with
notice of a Special Meeting at least forty-eight hours before such meeting.
WHEREAS on June 16, 2025 at 2:00 p.m, Niagara Falls City Council will be holding a
Special Closed Meeting as permitted under s. 239 (3.1) of the Municipal Act, namely;
1. A meeting of council may be closed to the public if the meeting is held for the
purpose of educating or training the members.
2. At the meeting, no member discusses or otherwise deals with any matter in a
way that materially advances the business or decision-making of the council.
THEREFORE BE IT RESOLVED that on June 16, 2025, Niagara Falls City Council will
go into a closed meeting to consider matters that fall under section 239 (3.1) educational
aspects related to the Levels of Service (LOS) for the City’s Asset Management Plan
(AMP).
AND The Seal of the Corporation be hereto affixed.
WILLIAM G. MATSON JAMES M. DIODATI
CITY CLERK MAYOR
Page 14 of 434
MINUTES
City Council Meeting
2:00 PM - Tuesday, March 18, 2025
Council Chambers/Zoom App.
The City Council Meeting of the City of Niagara Falls was called to order on Tuesday, March
18, 2025, at 2:02 PM and reconvened at 4:20 in the Council Chambers, with the following
members present:
COUNCIL
PRESENT:
Mayor Jim Diodati, Councillor Tony Baldinelli, Councillor Vince Kerrio,
Councillor Lori Lococo, Councillor Ruth-Ann Nieuwesteeg, Councillor
Mona Patel, Councillor Victor Pietrangelo, Councillor Mike Strange
COUNCIL
ABSENT: Councillor Chris Dabrowski
STAFF
PRESENT:
Jason Burgess, Bill Matson, Margaret Corbett, Nidhi Punyarthi, Scott
Lawson, Kira Dolch, Tiffany Clark, Kent Schachowskoj, Shelley
Darlington, Kathy Moldenhauer, Tiffany Clark
Attending via Zoom: Gerald Spencer, Trent Dark
1. CALL TO ORDER
The Council Meeting was called to order at 2:02 PM.
2. IN CAMERA SESSION OF COUNCIL / RESOLUTION TO APPOINT
COUNCILLOR KERRIO
a) In-Camera Resolution
Moved by Councillor Tony Baldinelli
Seconded by Councillor Ruth-Ann Nieuwesteeg
THAT Council enter into an In-Camera session.
Carried Unanimously
b) Resolution to Appoint Councillor Kerrio
Moved by Councillor Mike Strange
Seconded by Councillor Ruth-Ann Nieuwesteeg
THAT Council Appoint Councillor Vince Kerrio to the office of City Councillor for
the remainder of the term.
Carried Unanimously
c) Swearing in of Councillor Vince Kerrio
Bill Matson, City Clerk, swore in Councillor Vince Kerrio as a Niagara Falls City
Page 1 of 16
Page 15 of 434
Councillor for the remainder of the current Council term.
3. MEETING RECONVENING
The City Council meeting meeting reconvened at 4:20PM.
4. ADOPTION OF MINUTES
4.1. Council Minutes of February 25, 2025
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Mona Patel
THAT Council APPROVE the minutes of the February 25, 2025 meeting as
presented.
Carried Unanimously
5. DISCLOSURES OF PECUNIARY INTEREST
a) Councillor Lori Lococo declared a conflict of interest to Item #9.2 - Northwest
Secondary Plan (PBD-2025-18), as the Councillor is a member of Club Italia
and they are a stakeholder in the plan.
b) Councillor Strange - declared a conflict of interest to Item #9.1 - Garner West
Secondary Plan Update (PBD-2025-17) due to his real estate company having
two listings in this area.
c) Councillor Nieuwesteeg - declared a conflict of interest with Item #13.2, due to
being the Chair of the Main & Ferry BIA.
d) Councillor Pietrangelo declared a conflict of interest to Item #8.1 (PBD 2025-16
AM-2025-01) due to owning a property that could be affected by this matter.
e) Councillor Patel declared a conflict of interest to Item #9.2 - Northwest
Secondary Plan (PBD-2025-18). She indicated that she's a member of Club
Italia and that their property would be affected by the Secondary Plan.
6. MAYOR'S REPORTS, ANNOUNCEMENTS
a) Mayor Diodati extended condolences to the following:
Luciano Chieca, Our Chief Building Official, on the passing of his father-
in-law, Mario Rizzo Sr.
Helga Campbell and Leigh Campbell, the family of our dear friend and
Council member Wayne, on his passing.
b) Events & Announcements
Welcome to back to Councillor Vince Kerrio as he was sworn back in
today as a member of Council
Niagara Health Gala-Fashion and Philanthropy-Raised more than
$700,000.00. This event was attended by Mayor Diodati, along with
Page 2 of 16
Page 16 of 434
Councillors Patel, Baldinelli, Pietrangelo and Nieuwesteeg.
Brunch, Bid and Bowl-This event was attended by Mayor Diodati, as
well as Councillors Lococo, Patel and Nieuwesteeg.
Ramadan Iftar Dinner - This event was attended by Mayor Diodati as
well as Councillor Strange.
Groundbreaking-JRM Memorial Bust (Jose Rizal) - This event was
attended by Councillors Strange, Pietrangelo and Patel.
The King Charles III Coronation Medal Awards -This event was attended
by Councillor Nieuwesteeg. Pate
Grand Openings and Business Happenings
Cannabis Culture-This event was attended by Mayor Diodati and
Councillor Patel.
Batatalicious-This event was attended by Mayor Diodati, and Councillors
Nieuwesteeg and Pietrangelo.
Steinbachs and Chapelle Professional Corporation-This event was
attended by Mayor Diodati as well as Councillors
Nieuwesteeg,Pietrangelo and Patel.
Gaber Consultants, Medical Aesthetic Clinic-This event was attended by
Councillors Pietrangelo, Nieuwesteeg, Patel and Lococo.
Chocolate Laboratory-This event was attended by Councillors Patel,
Nieuwesteeg and Baldinelli.
Hewad Kebab-This event was attended by Mayor Diodati as well as
Councillors Patel, Nieuwesteeg and Baldinelli.
Target Golf-This event was attended by Mayor Diodati as well as
Councillors Patel, Nieuwesteeg and Baldinelli.
Hair Lovers 50th Anniversary-This event was attended by Mayor Diodati
as well as Councillor Lococo
Flag Raisings
Bulgaria's National Day
City Staff Team-Recognition
Congratulations to City Staff Team from Finance-Jennifer, Chris, Jodi
and Refi were the #1 fundraisers at this year's Tim Horton's Bowl for
Kid's Sake. The team raised $3,275.00! for Big Brothers Big Sisters.
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c) The next Council meeting is scheduled for Tuesday, April 8, 2025.
7. DEPUTATIONS / PRESENTATIONS
7.1. Civic Recognition - Niagara Taekwondo
Mayor Diodati, on behalf of City Council, recognized Adele Carvers, a high
performance Taekwondo Athlete from Niagara Taekwondo. Adele recently
achieved a gold medal in the Cadet Division for Taekwondo Sparring. This
achievement has earned her a wild card spot on Team Canada for the
upcoming Pan Am Championships in Mexico this April.
Council agreed to move to Item #10, #11, #12 and #13 at 4:44 PM to deal with
matters prior to the start of the Planning Public meeting.
8. PLANNING MATTERS
8.1. PBD-2025-16 (Public Meeting)
AM-2025-001, City Initiated Official Plan and Zoning By-law Amendments
Owner Occupied Short-Term Rentals in Residential Areas
The Planning Public meeting started at 5:00PM.
Councillor Pietrangelo left Council Chambers at 4:56PM due to a conflict of
interest with this matter, and returned after the break when the meeting
readjourned at 8:48PM.
Gabriella Guo of 7667 Goldenrod Tl, was registered via Zoom. Her husband
spoke on her behalf but his name was not clear. He addressed Council
inquiring if a backyard suite is considered to be an ADU.
Amir Haskell of, 7750 Shadbush Ln, inquiring if there will be changes to the B
& B licence in terms of adding an extra bedroom to his licence.
John Macdonell, of 5397 Forsythe St. addressed Council with a business pitch
to work together to bring in more VRU's.
Aras Reisi, indicated he is a Niagara Falls resident but didn't state his address.
Addressed Council with a presentation in support of this matter.
Frank Messina, of 5710 Church's Ln, a landlord who rents out properties to
tenants, addressed Council in support of this matter. Mr. Messina expressed
his frustrations as a landlord outlining issues he has with the landlord tenant
board.
Peter Colosimo, of 6424 Jupiter Bv, addressed Council with his planning
experience and his concerns about this matter, pertaining to the OOSTR's not
addressing long term rentals.
John Pinter of 3490 Cardinal Dr. addressed Council in support of this matter,
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citing his opinion that the demand will continue to grow. He also mentioned that
he would like to see an increase in the number of streets allowed to have legal
VRUs.
Rachel Stempski, of 6315 Pine Grove Av, addressed Council with concerns
about the Bed & Breakfast business licence application process and also in
support of this matter.
Anne Phillips, of 7807 Pamela Dr., addressed Council citing concerns about
this matter claiming that the City is not what it used to be.
John Garrett, of 4337 Simcoe St., addressed Council citing concerns about this
matter, including comments about unlicensed VRUs.
Joe Mrozek, of 7690 Green Vista Gate, addressed Council with concerns about
this By-Law expressing his concerns regarding the lack of opportunities for
vacation rentals and speaking of the potential impacts on the community.
Marianne, of 4029 Bridgewater Street, addressed Council supporting the by-
law.
Mayor Diodati left Council Chambers at 6:31PM and returned at 6:38PM. He
left again at 8:06PM and returned at 8:10PM. Councillor Strange took his place
both times, to Chair the meeting. Each time Mayor Diodati returned, Councillor
Strange returned to his seat.
The Public meeting concluded at 7:46 PM.
Moved by Councillor Mike Strange
Seconded by Councillor Ruth-Ann Nieuwesteeg
1. That Council APPROVE amendments to the Official Plan to permit
Owner Occupied Short-Terms Rentals in residential areas subject to the
provisions of Zoning By-law No. 79-200;
2. That Council APPROVE amendments to Zoning By-law No. 79-200 to
define and permit Owner Occupied Short-Terms Rentals in residential
areas subject to specific criteria;
3. That Council APPROVE amendments to Licensing By-law No. 2021-57
to include licensing requirements for Owner Occupied Short Term
Rentals;
4. That Council APPROVE amendments to the Administrative Penalties
(Non-Parking) By-law No. 2024-045 as amended by By-law No. 2025-
018 to include fines for Owner Occupied Short-Term Rentals, consistent
with Bed and Breakfast establishments;
5. That Council APPROVE amendments to By-law No. 2024-113 to fees
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and charges for various services, licenses and publications for the City
of Niagara Falls to include licensing fees for Owner Occupied Short-
Term Rentals; and
6. That Council APPROVE amendments to the Municipal Accommodation
Tax By-law No. 2025-009 to include reference to Owner Occupied
Short-Term Rentals.
7. THAT Council DIRECT Staff to bring back a formal report after 15
months to allow for a 1 year study period and 3 months to review.
Not Put.
Moved by Councillor Tony Baldinelli
Seconded by Councillor Ruth-Ann Nieuwesteeg
THAT Council DEFER the owner occupied short-term rentals in residential
areas to the open public Council meeting on May 27, 2025.
Carried Unanimously (Councillor Pietrangelo declared a conflict of
interest).
9. REPORTS
at 8:30PM a break was given to Council and staff. The meeting reconvened at
8:48PM.
9.1. PBD-2025-17
Garner West Secondary Plan Update
Chris Millar, Senior Project Manager - Secondary Plans, provided a
presentation regarding PBD-2025-17 and PBD-2025-18.
Councillor Strange left Chambers at 8:49PM due to a conflict with Item #9.1
and returned at 9:10PM once the vote been taken.
Moved by Councillor Mona Patel
Seconded by Councillor Victor Pietrangelo
1. THAT Council RECEIVE report PBD-2025-17 for information purposes
respecting progress on the Garner West Secondary Plan project.
Carried Unanimously (Councillor Strange declared a conflict of interest).
9.2. PBD-2025-18
Northwest Secondary Plan Update
Councillor's Patel and Lococo left Chambers at 9:10PM due to a conflict with
Item #9.2 and returned at 9:12PM once the vote been taken.
Moved by Councillor Victor Pietrangelo
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Seconded by City Councillor Vince Kerrio
1. Council RECEIVE Report PBD-2025-18 for information purposes
respecting progress on the Northwest Secondary Plan project.
Carried Unanimously (Councillors Lococo and Patel declared a conflict of
interest).
9.3. CLK-2025-05
Fee Waiver Applications - March 2025 Submissions
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Mike Strange
1. THAT Council approve, approve in part or deny the Fee Waiver
applications received for the March 18, 2025 submission date, listed as follows:
a. Knights of Columbus Basketball Free Throw - in the amount of $154.28, to
waive the costs of a facility rental at the MacBain Centre.
b. Meeting Room Rental Fee for 2025 - Big Brothers Big Sisters of Niagara - in
the amount of $8,791.40 to waive the costs of a facility rental at the MacBain
Centre.
c. Stamford Centre Volunteer Firefighters Association Annual Easter Egg Hunt
- $2,600.00, to waive the costs of staffing and rental fees.
d. Book Riot - 2025, Women's Place of South Niagara - o/a Birchway Niagara,
in the amount of $10,238.00, to waive the costs of the ice rental at the Gale
Centre.
e. Charity Comedy Show, Niagara Health Foundation - in the amount of
$884.79, to waive the costs of the rental fee at the Exchange Market.
f. Cruising on the Q, Heart Niagara - in the amount of $5,750.00, to waive the
costs of the fees associated with the road closures.
g. Simchas bais Hashoaiva, Jewish Niagara - in the amount of $800.00, to
waive the costs of the fees associated with the road closures, for the event that
was held in 2024.
h. Carifalls Niagara Falls Multicultural Caribbean Carnival Parade, Majestic
Multicultural Events Inc., in the amount of $1,450.00, to waive the costs
associated with the road closures.
i. Second Annual Niagara Falls Golden Horseshoe Multicultural Latin Festival,
Majestic Multicultural Events Inc., in the amount of $1,000.00, to waive the
costs associated with the road closures.
j. Chippawa Volunteer Firefighters Association - Slo Pitch Tournament, in the
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amount of $310.80, to waive the fees associated with the diamond fees at
Patrick Cummings Park.
k. SPN Slo-Pitch Championship - Chippawa Volunteer Firefighters
Association, in the amount of $5,932.64, to waive the costs associated with the
arena fees at the Chippawa Willoughby Memorial Arena.
l. Streets on Fire Car Show, Chippawa Volunteer Firefighters Association, in
the amount of $250.00, to waive the costs associated with using the Chippawa
Lions Park parking lot.
m. Meeting Room Rental Fee for 2025 - Pathstone Mental Health - in the
amount of $4,441.15 to waive the costs of a facility rental at the MacBain
Centre and for drop-in recreation passes.
Carried Unanimously
9.4. CS-2025-13 - Finance
Deferral of Taxes for Low-Income Seniors or Low-Income Disabled
Persons Policy
Moved by Councillor Ruth-Ann Nieuwesteeg
Seconded by Councillor Lori Lococo
THAT Council APPROVE Policy 700.43 Deferral of Taxes for Low-Income
Seniors or Low-Income Persons with Disabilities effective for the 2026 taxation
year.
Carried Unanimously
9.5. CS-2025-19 - Finance
2024 Parking Fund Budget to Actual Variance (Unaudited)
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Ruth-Ann Nieuwesteeg
THAT Council RECEIVE the Parking Fund Budget to Actual Variance report for
the year ended December 31, 2024.
Carried Unanimously
9.6. CS-2025-24 - Finance
Budget Spending and Signing Authority Policy
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Mike Strange
1. THAT Council REPEAL By-law 2019-093, a by-law to delegate the
authority to approve and execute agreements to members of City Staff.
2. THAT Council APPROVE CS-FIN-038 Budget Spending and Signing
Authority Policy (attachment 1) effective March 24, 2025 and the
associated By-law 2025-040 Budget Spending and Signing Authority By-
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law
Carried Unanimously
9.7. MW-2025-06
Drinking Water System Summary Report and Overview
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Ruth-Ann Nieuwesteeg
That Council RECEIVE this report for information.
Carried Unanimously
9.8. MW-2025-07
Reconstruction and Widening of McLeod Road from Kalar Road to
Beechwood Road Capital Budget Amendment
Moved by City Councillor Vince Kerrio
Seconded by Councillor Victor Pietrangelo
It is recommended:
1. THAT Council APPROVE a 2025 Capital Budget Amendment to create
R177-25 for the Reconstruction and Widening of McLeod Road from
Kalar Road to Beechwood Road with a total budget of $9,562,500
(inclusive of non-recoverable HST), funded by $250,000 from
Development Charges, $4,531,250 from Capital Special Purpose
Reserves and $4,781,250 from Municipal Housing Infrastructure
Program (MHIP) – Housing Enabling Core Servicing (HECS) Grant;
2. THAT Council APPROVE the closure of TSP51-21 McLeod Road -
Municipal Class Environmental Assessment (MCEA) with a budget of
$250,000 funded by Development Charges be transferred to R177-25;
and,
3. THAT Council APPROVE the payment of $326,640.63 (inclusive of
HST) to GrantMatch Corp. with $244,980.47 (75%) due upon project
approval and $81,660.16 (25%) holdback due upon first receipt of
government funds.
Carried Unanimously
Moved by Councillor Lori Lococo
Seconded by Councillor Tony Baldinelli
THAT Council extend the curfew past 10:00 PM to allow for the continuation of
the Council meeting.
Carried Unanimously
9.9. CS-2025-23
Statement of 2024 Remuneration and Expenses for Members of Council
and Commissions
Moved by Councillor Victor Pietrangelo
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Seconded by Councillor Mona Patel
THAT Council RECEIVE report CS-2025-23 for information.
Carried Unanimously
10. CONSENT AGENDA
The Consent Agenda was presented before Council at 4:44 PM.
10.1. CS-2025-21 - Finance
Final Tax Notice Due Dates
1. THAT Council APPROVE June 30 and September 30 as the 2025 Final
Due Dates for the Residential, Pipeline, Farmland and Managed Forest
Assessment Classes.
2. THAT Council APPROVE August 29 and October 31 as the 2025 Final
Due Dates for the Commercial, Industrial and Multi-residential
Assessment Classes.
10.2. CS-2025-22
2025 Property Tax Rates
THAT Council APPROVE the 2025 Property Tax Rates as illustrated in
attachments 1 through 3.
10.3. PBD-2025-20
Annual Report - Delegated Authority Process
THAT Council RECEIVE the Annual Report that reviews and provides an
update on the Delegated Authority Process for information.
10.4. RCF-2025-02
2024 Annual Update from the Culture Section
THAT Council receive report R&C 2025-02 for information.
10.5. PBD-2025-19
2024 Development & Housing Monitoring Report - Year in Review
THAT Council RECEIVE the 2024 Year End Development and Housing
Monitoring Report that reviews the status of development and growth
management activity for the City of Niagara Falls.
Moved by Councillor Mike Strange
Seconded by City Councillor Vince Kerrio
Recommendation: THAT Council APPROVE Item #10.1 through to and
including Item #10.5.
Carried Unanimously
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11. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
11.1. Proclamation Request - Apraxia Awareness Day
Attached is a request for the City of Niagara Falls Council to proclaim
Wednesday, May 14, 2025 as "Apraxia Awareness Day."
Childhood Apraxia of Speech is a misunderstood and challenging speech
disorder.
Recommendation: THAT Council PROCLAIM Wednesday, May 14, 2025 as
"Apraxia Awareness Day."
11.2. Proclamation and Flag-Raising Request - UN World Press Freedom Day
Attached is a request for the City of Niagara Falls to issue a proclamation to
recognize UN World Press Freedom Day (WPFD) 2025 which takes place
Saturday, May 3rd, 2025. Other cities who have participated in previous years
have also lit up their respective City Hall buildings or raised a UN flag as well.
Recommendation: THAT Council PROCLAIM Saturday, May 3, 2025 as UN
World Press Freedom Day.
11.3. Flag-Raising Request - Nicola Tesla Day
Attached is a request for Council to approve a flag-raising ceremony in support
of TESLA FEST 2025 on Thursday, July 10, 2025 at City Hall.
Recommendation: THAT Council APPROVE a flag-raising ceremony in
support of TESLA FEST 2025 on Thursday, July 10, 2025 at City Hall.
11.4. Flag-Raising Ceremony - Philippine Independence Day
Attached is a flag-raising request for Council to approve a flag-raising
ceremony on Thursday, June 12, 2025 to celebrate "Philippine Independence
Day."
Recommendation: THAT Council APPROVE a flag-raising ceremony on
Thursday, June 12, 2025 to celebrate "Philippine Independence Day."
11.5. Resolution - City of Sarnia - Carbon Tax
Attached is a resolution passed by the City Council of Sarnia addressing
carbon tax.
Recommendation: THAT Council SUPPORT the resolution.
Moved by Councillor Lori Lococo
Seconded by City Councillor Vince Kerrio
THAT Council PULL Item #11.5 from approve and support and MOVE TO
receive and file.
Carried (Councillor Patel was opposed)
11.6. Resolution - City of Thorold - Actions to Address Mental Health,
Addiction and Homelessness
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Attached is a resolution, passed by Thorold City Council on February 25, 2025,
concerning Actions to Address Mental Health, Addiction and Homelessness.
Recommendation: THAT Council SUPPORT the City of Thorold's resolution.
11.7. Resolution - City of Kingston - High Speed Rail Project
Attached is a resolution from the City of Kingston, approved by its Council on
March 4, 2025, with respect to the High Speed Rail Project.
Recommendation: THAT Council SUPPORT the resolution.
Moved by Councillor Lori Lococo
Seconded by Councillor Ruth-Ann Nieuwesteeg
THAT Council PULL Item #11.7 from approve and support and MOVE TO
receive and file.
Carried. Opposed by Councillor Pietrangelo.
11.8. Resolution - Town of Fort Erie - Great Lakes St. Lawrence Cities Initiative
Resolution
Attached is the Great Lakes St. Lawrence Cities Initiative correspondence
passed by the Town of Fort Erie Council at its meeting of February 24, 2025.
Recommendation: THAT Council SUPPORT the resolution.
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Mike Strange
THAT Council APPROVE/SUPPORT Item #11.1 through to and including Item
#11.4 and also to include Item #11.6.
Carried Unanimously
12. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
12.1. Resolution - City of Toronto - Buy Local, Buy Canadian Campaign
Attached is a resolution from the City of Toronto pertaining to the "Buy Local,
Buy Canadian Campaign."
Recommendation: THAT Council RECEIVE for information.
12.2. Correspondence from the Niagara Region
Attached is correspondence sent from the Niagara Region pertaining to the
following matters:
1. CLK-C 2025-013 - Motion - Supporting Niagara Business Community
2. CLK-C 2025-012 CSD 6-2025 Respecting 2025 Property Tax Policy, Ratios
and Rates
Recommendation: THAT Council RECEIVE for information.
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Moved by Councillor Lori Lococo
Seconded by Councillor Victor Pietrangelo
THAT Council REMOVE item #12.2 from receive and file and move this item to
RECEIVE and SUPPORT.
Carried Unanimously
12.3. Anti-Racism Committee - Lecture Series
The Anti-Racism Committee is hosting a lecture series on March 27th, 2025 at
the Exchange.
Recommendation: THAT Council RECEIVE for information.
12.4. Correspondence from the Director General of "United Against Hate
Canada"
Attached is correspondence sent from the group, "United Against Hate
Canada."
Recommendation: THAT Council RECEIVE for information.
12.5. Resolution - Town of Lincoln - U.S. Tariffs
Attached is a resolution passed by the Town of Lincoln Council on March 3,
2025 regarding support for 'Team Canada' response to proposed U.S. tariffs.
Recommendation: THAT Council RECEIVE for information.
12.6. Memo - from Planning - Supplemental Information Regarding By-law No.
2025-029
Attached is a memo providing an explanation of the inclusion of By-law 2025-
029 on this agenda.
Recommendation: THAT Council RECEIVE for information.
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Ruth-Ann Nieuwesteeg
THAT Council RECEIVE FOR INFORMATION Item #12.1 through to and
including Item #12.6 (excluding Item #12.2).
Carried Unanimously
13. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
13.1. Special Occasion Permit Request - The Hope Gala - Fallsview Casino
Resort
Organizers of the event are looking to Council for a letter of Municipal
Significance for the Hope Gala taking place at the Fallsview Casino Resort on
June 14, 2025. With Council declaring the event as "municipally significant,"
this will assist the organizers with obtaining a Special Occasion permit from the
AGCO.
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Recommendation: THAT Council DECLARE the Hope Gala as an event of
municipal significance in the City of Niagara Falls in order to assist with a
Special Occasion Permit from the AGCO.
13.2. Main & Ferry BIA - 2025 Proposed Budget
Attached is the Main & Ferry BIA 2025 proposed budget for Council's approval.
Councillor Nieuwesteeg disclosed a conflict of interest with this matter and did
not vote on it this.
Recommendation: THAT Council APPROVE the Main & Ferry BIA's proposed
budget for 2025.
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Mona Patel
THAT Council APPROVE Item #13.1 and Item #13.2.
Carried Unanimously (Councillor Nieuwesteeg declared a conflict of
interest to Item #13.2 only).
14. RATIFICATION OF IN-CAMERA
a) Direction to staff. Nothing to Ratify.
15. NOTICE OF MOTION/NEW BUSINESS
a) Fernwood Park
Councillor Pietrangelo discussed Fernwood Park addressing a resident
concern and requesting additional nicer garbage cans. Additional signage was
also requested pertaining to "not feeding coyotes" because the coyotes come
into the park due to the garbage.
b) Hospice Niagara
Councillor Pietrangelo discussed the City's application for Hospice beds, that
was denied by the Province.
Direction to Staff - that the CAO be directed to call the Minister of Health to
inquire about what needs to be done for our funding application to be
approved.
c) Councillor Patel asked that the City put notice out on social media to not feed
wildlife such as foxes and coyotes. She also asked about the street sweepers
and when they will start. The CAO address her question and confirmed they
are planning to send the street sweepers out sometime next week.
16. BY-LAWS
2025-
029.
A by-law to amend By-law No. 79-200 to permit the use of the Lands for an 18-
storey mixed-use building with a hotel and tourist attractions, subject to a 4-
year sunset clause and the removal of a Holding (H) symbol (AM-2024-005).
2025-A by-law to provide for the adoption of Amendment No. 180 to the City of
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031. Niagara Falls Official Plan (AM-2025-001).
2025-
032.
A by-law to amend Zoning By-law No. 79-200 to introduce new definitions and
regulatory provisions respecting Owner Occupied Short-Term
Accommodations in residential zones (AM-2024-001).
2025-
033.
A by-law to amend the City’s Vacation Rental Unit and Bed and Breakfast
Establishment Licensing By-law No. 2021-57 to include Owner Occupied
Short-Term Rentals.
2025-
034.
A by-law to fees and charges for various services, licences and publications for
the City of Niagara Falls.
2025-
035.
A by-law to amend By-law No. 2024-045 as amended by By-law 2025-018 to
establish Administrative Penalties (Non-Parking) for By-law No. 2004-105 (as
amended by By-law No. 2005-73, By-law No. 2007-28 and By-law No. 204-
155); By-law No. 2007-41; By-law No. 2001-31 (as amended by By-law No.
2021-57 and By-law No. 2021-99).
2025-
036.
A By-law to amend By-law 2025-009 to establish a Municipal Accommodation
Tax.
2025-
037.
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.
2025-
038.
A by-law to set and levy the rates of taxation for City purposes, for Regional
purposes, and for Education purposes for the year 2025.
2025-
040.
A by-law to delegate Budget Spending and Signing Authority to Officers and
Employees of the Corporation of the City of Niagara Falls.
2025-
041.
A by-law to adopt, ratify and confirm the actions of the City Council at its
meeting held on the 18th day of March, 2025.
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Tony Baldinelli
THAT the by-laws be read a first, second and third time and passed, excluding
By-Laws 2025-031 through to and including 2025-036.
Carried Unanimously
17. ADJOURNMENT
a) Adjournment
Moved by Councillor Mona Patel
Seconded by City Councillor Vince Kerrio
That Council ADJOURN the meeting at 10:10PM.
Carried Unanimously
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Mayor
City Clerk
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City of Niagara Falls Council
Niagara Parks Update
Presentation by Chair Bob Gale and CEO David Adames Page 31 of 434
NIAGARA PARKS
•Niagara Parks Chair, Bob Gale
•Niagara Parks CEO, David Adames
Your Presenters
Page 32 of 434
3
Niagara Parks
•Founded in 1885
•Operates under the Niagara Parks Act
•Two founding principles:
•Niagara Parks would never be a burden to the
taxpayers of Ontario
•Niagara Parks would as much as possible, be free to enjoy
•Board-governed operational enterprise under the Ministry of
Tourism, Culture and Gaming
•12 Member Board: Chair: Bob Gale; Vice-Chair Graham
Coveney, City of Niagara Falls is represented by Mayor
Diodati
•Mandate: To be the environmental and cultural stewards of
the Niagara River Corridor
•Vision: To be one of the most spectacular parks in the worldPage 33 of 434
NIAGARA PARKS
Operations and Funding
•One of the region’s largest employers; 2,000
projected headcount for this year; $70+ million
payroll.
•Operating budget covers payroll, operating
expenses to run its revenue-producing operations
and key operational projects.
•Capital budget covers investments into deferred
maintenance and strategic capital projects to
enhance Niagara Parks’ visitor experiences.
•$175 million worth of deferred maintenance across Niagara Parks sites
•Major capital projects for 2025-26:
•Opening brand-new Flying Theatre attraction at Table Rock Centre Page 34 of 434
5
•Environmental Stewardship Action Plan 2020-2030
•Coastal Wetland Restoration Project
•Chippawa Grassland Bird Habitat Project
•Gonder’s Flats Restoration
•Urban Forestry Management Strategy
•7,351 trees planted in 2024
•Annual Prescribed Burn Program
•Invasive Species Management Strategy
•Soil Analysis Program through Vineland Research and
Innovation Centre
•Improvements to Niagara River Recreation Trail
•Dufferin Islands Visitor Experience and Ecological
Enhancement Initiative
Environmental Stewardship
Page 35 of 434
NIAGARA PARKS
•Heritage Sites
•Old Fort Erie
•Mackenzie Printery
•Laura Secord Homestead
•McFarland House
•Landscape of Nations Memorial
•Special events (Valour and Victory Indigenous Veterans Ceremony, Chippawa Battlefield Ceremony, Siege of Old Fort Erie Battle Re-
enactment National Day for Truth and Reconciliation)
•Partnership with TD Niagara Jazz Festival
•Flagship event at Oakes Garden Theatre
•Explore the Niagara collaborative initiative with Parks Canada and
bordering municipalities
•Highlight sites, experiences, events related to themes of Black History, Indigenous culture, nation-building, nature &
gardens, active living
•Published Landscape of Nations: Beyond the Mist, a new book that
provides an unprecedented exploration of Indigenous presence in
Niagara.
Cultural Stewardship Page 36 of 434
NIAGARA PARKS
•Niagara Parks is closely monitoring internal key performance
indicators (sales performance, web traffic, online store) as well as external research and data to understand potential shifts in tourism
activity as a result of geopolitical tensions.
•The US is an exceptionally important market for Niagara Parks.
•43% of total visitor spending at Niagara Parks in 2024 came from US (vs 41% domestic)
•Avg $55 per transaction for US guests vs $34 for domestic.
•Ipsos poll: 56% of Canadians are ready to cancel or avoid US travel in response to trade tensions.
•Strength of US dollar likely to mitigate some potential impacts to US travel sentiment to Canada, while further motivating Canadians to travel domestically.
•Additional domestic flight capacity, including daily flights into Hamilton.
•However, economic uncertainty on both sides of the border, could impact discretionary spending, including desire to travel.
Tourism Landscape
Page 37 of 434
NIAGARA PARKS
•Niagara Parks will continue to promote a positive and welcoming message to all guests, including proactive messaging specifically for guests traveling from the US.
•At the same time, Niagara Parks will continue to leverage its experiences and offerings that are uniquely Canadian.
•Bucket-list worthy experiences that should be included in
anyone’s Canadian travel plans
•Focus on recent investments to improve the guest
experience at Table Rock Centre, Niagara Parks
Power Station + Tunnel and NEW Attraction opening
•Feast ON certification at restaurants, support of local food and drink
•Local products in retail stores
•Connection to Canadian themes, patriotism, history and
nation-building
•New Friendship Arch installation outside of Table Rock Centre
•Continue to nurture international markets including through in-market representation in the UK, Germany and Mexico.
•Align messaging with Destination Canada, Destination Ontario and other key tourism organizations.
Niagara Parks Response Page 38 of 434
9
•New Temporary Nikola Tesla Exhibit at the Niagara Parks Power Station
•Tesla: A Spark of Genius
•Launch of New Flying Theatre Attraction at Table Rock
Centre
•Redevelopment of historic power stations
•Significant upgrades to tunnels at Journey Behind the Falls
•Renewal at Grand View Marketplace
•New Starbucks outlet (NAE)
•Temporary Niagara Parks Welcome Centre
•Golf Operations:
•Replacement of cart paths at Battlefield Course at
Legends on the Niagara
•Continued restoration efforts at Whirlpool Golf
Course
Key Projects 2025-26
Page 39 of 434
10
2024 Highlights
•Revitalization of pathways around Queen Victoria Park event field / Old Yards public
washrooms
•Dufferin Islands electrical infrastructure upgrades
•Road resurfacing:
•Upper Rapids Blvd and Niagara Parkway from Mechanic St to Upper
Rapids
•Sidewalk replacement – River Road (Clifton Hill to Aero Car), Falls Avenue
2025 Highlights (proposed $8.8 million)
•New public washroom at Falls Parking (west side of NPPS)
•Public realm planning and infrastructure upgrades in Queen Victoria Park
•Road resurfacing:
•Niagara Parkway from Clifton Hill to Fraser Hill (spring 2025)
•Falls Ave West sidewalk replacement (spring 2025)
•Kingsbridge Loop (spring 2025)
2026
•Collaborate with the City on roundabout at Whirlpool Road
Capital Projects Page 40 of 434
11
•Later this summer, Niagara Parks will open Ontario’s newest must-see attraction.
•Only the second flyover experience to open in Canada.
•$25 million investment from Niagara Parks earned revenue.
•Replacement of a previous attraction (Niagara’s Fury) that had reached
the end of its lifecycle.
•Niagara Parks’ new attraction will feature dynamic pre-show areas with
Indigenous storytelling and famous moments in popular culture.
•Working with industry leaders Brogent Technologies, FORREC
attraction consultants, Great Lakes Scenic Studios and Nova film
productions.
•Experience will take guests on a soaring adventure across breathtaking
landscapes, epic battle scenes, lush gardens and rolling vineyards.
•State-of-the-art drone footage will offer views of Niagara Falls, the Niagara Gorge and Niagara Whirlpool like never
before.
Coming Soon:New Attraction Opening
Page 41 of 434
12
•Niagara Parks is proud to have received approval from the Government of Ontario for the upcoming redevelopment of the historic Toronto Power
Generating Station by Pearle Hospitality.
•Construction planning is now underway.
•Roof rehabilitation work
•Coffer dam will be required for riverside construction (window
from DFO beginning in July)
•Pearle Hospitality will become Niagara Parks’ newest tenant while ownership of the lands will remain with the Commission.
•Highlights of the redevelopment plan:
•Several free indoor and outdoor public viewing areas
•Niagara Falls’ first five-star boutique accommodation
•Free public art gallery and museum
•Theatre space
•Variety of culinary options (restaurants, cafe, bars and lounges,
craft brewery)
•The redeveloped Toronto Power will elevate the entire destination of
Niagara Falls, attracting a new higher-end market, while also providing
numerous benefits for local residents.
Redevelopment of Toronto Power Page 42 of 434
13NIAGARA PARKS
•With recent investments (Table Rock redevelopment, Niagara Parks
Power Station), visitation to Queen Victoria Park has continued to grow,
with more projects on the horizon:
•New flying theatre attraction in 2025
•A redeveloped Toronto Power and new landscape in 2028
•Future redevelopment of Ontario Power
•This rise in visitation is concentrated within the core of Queen Victoria
Park.
•As a result, Niagara Parks is looking at how to proactively manage this
growth while continuing to provide a spectacular experience for all who
visit the Falls
•Increasing service levels across the core (waste & recycling,
custodial, public washroom capacity)
•Extending hours of operation
•Expanding complement of Provincial Offences Officers
•Exploring potential of new Visitor Transportation System
Planning for Growth – Queen Victoria Park Page 43 of 434
NIAGARA PARKS
•Works closely with municipal partners (including City of Niagara Falls), Niagara Falls Tourism; Tourism Partnership of Niagara; local BIAs; Niagara Falls Hotel Association.
•New partnership with The Bridge to fight food insecurity by donating unused food from Niagara Parks events.
•Seniors Month Promotion – 50% off admission on Wednesdays in June.
•$50 annual parking pass geared toward local residents and frequent visitors.
•Partner and host of annual Winter Festival of Lights.
•‘Cool as Ice’ Ice Wine Gala at the Niagara Parks Power Station.
•Annual Falls Fireworks Series (stakeholder and host site).
Community Connections
Page 44 of 434
NIAGARA PARKS
•The Niagara Parks Foundation was relaunched in the spring of 2022
•A registered charity governed by a Board of Directors established to support and advance the environmental and cultural stewardship initiatives of Niagara Parks
2024 Highlights
•Completed year two of three-year project to support stewardship work at Dufferin Islands ($400,000 investment by TD Bank)
•Over $40,000 raised through Toonies for Trees program for tree planting (7,351 trees planted across Niagara Parks in 2024)
•Supported the launch of a new Indigenous audio tour at the Niagara Glen, Rekindling All Our Relations
Niagara Parks Foundation
Page 45 of 434
16NIAGARA PARKS
•Niagara Parks is collaborating with the Niagara Parks Foundation to build
Niagara’s first Children’s Garden at the Botanical Gardens.
•This will be 2-acre garden space filled with interactive nature-based play areas inviting children of all ages and abilities to connect with nature in a
safe environment.
•Concept designs have been prepared and we are currently in the
research and development phase, including engaging with potential
donors and gathering feedback:
•Focus groups with local school boards and faculty from Brock
University
•Activation with children and families during March Break
•Public engagement survey available online
•Consulting and engaging with Indigenous communities
•Groups/organizations to inform accessibility and inclusion
considerations
•Construction to begin in spring 2026.
Coming Soon:The Children’s Garden at Niagara Parks Page 46 of 434
17
Questions and Comments
Thank you for your time today. We
welcome any questions and or
comments about today’s presentation!Page 47 of 434
Water & Wastewater
Regional Service Update
For City of Niagara Falls
April 8, 2025
1Page 48 of 434
Core Services
Niagara Region Council’s direction is to provide:
1.Essential drinking water services
2.Essential wastewater services
The W-WW Division is guided by:
•Safe Drinking Water Act
•Clean Water Act
•Environmental Protection Act
•Other legislative requirements
2Page 49 of 434
Service Delivery Model
3
Water:
•6 water treatment plants (WTP)
•38 water reservoirs / elevated tanks
•23 booster / chlorine stations
•312 kms of trunk water mains
•153 M litres per day of safe and reliable
drinking water
Wastewater:
•11 wastewater treatment plants (WWTP)
•1 biosolids storage facility
•112 pump stations
•303 kms of forcemains and gravity sewers
•212 M litres per day of sewage treatment
to protect the Great Lakes from pollution
and practice responsible environmental
stewardship
Page 50 of 434
Services Outlook
Strategic trends we need to address (based on 2025 AMP)
•Water – 46% of facility assets in Poor to Very Poor Condition and Declining
•Wastewater - 49% of facility assets in Poor to Very Poor Condition and Declining
•70% of WTP capacity is from plants around 100 years old (backlog $280M)
•82% of WWTP capacity is from plants more than 50 years old (backlog $400M)
•Reactive maintenance has outpaced preventative maintenance, speeding up the
deteriorating condition of assets
•Staff time and resources will be necessary to manage growing risk
4Page 51 of 434
How We Compare – Water & Wastewater
•Niagara Region has significantly more vertical infrastructure than its comparators
•Niagara Region has a smaller population, resulting in a heavier per capita burden
132
5
# Large Plants (>10MLD)
135
43
58
Pumping Stations
478,000
1,173,000
576,000
Population
5Page 52 of 434
Performance Measures - Water
Municipal Benchmarking Network of Canada (MBNC) Report, 2014-2023
Page 53 of 434
Performance Measures - Wastewater
Municipal Benchmarking Network of Canada (MBNC) Report, 2014-2023
Page 54 of 434
2025 WWW Budget
•Investing at 100% of need each year (red bars) would stop the decline in asset condition
and eliminate backlog in 10 years
•Currently Region is investing at 20% for wastewater and half the required rate for water.
Incremental contributions for 2025 are shown as yellow bars
•At the current pace of investment, assets will continue to deteriorate, and the backlog
will grow, increasing risk of system failures
$0 $20 $40 $60 $80 $100 $120
Water
Wastewater
Annual Funding vs. Need
2024 Proposed 2025 2021 AMPPage 55 of 434
Cost to Residents
9
High Level Estimation of 2024 Cost ($2/day)
•Used simplified approach to determine impact of Regional water-wastewater rate change on
average household
•Existing cost of water-wastewater service based on:
Total 2024 water-wastewater requisition cost divided by 2023 total households
= $154,582,670 ÷ 213,137 households = approx. $2 per day
Household impact of 2025 rate increase (12.27%)
= additional $0.24/day or $7.40/month
Page 56 of 434
Niagara Falls Projects
Water Projects, 2025
•Niagara Falls WTP Upgrades to Substation and High Lift Pumps – In Construction
•Niagara Falls Elevated Tank and Watermain – EA and Conceptual Design in Progress
•Niagara Falls WTP Intake Relocation Project – Design in Progress
Wastewater Projects, 2025
•Thundering Waters Trunk Sewer Rehabilitation – Construction Summer 2025
•9 additional projects in design including upgrades to Niagara Falls WWTP and improvements to
various pumping stations, trunk sewers and forcemains.
South Niagara Wastewater Treatment Solutions Program, 2025
•WWTP and Outfall – Design
•Trunk Sewer – Design
10Page 57 of 434
DC Water Projects
11Page 58 of 434
DC Wastewater Projects
12Page 59 of 434
South Niagara Wastewater Treatment
Solutions
SNWWTS Project - Construction Contingent on Funding
•Address 2051 growth needs and beyond with flexibility for long term capacity requirements
•Ability to phase in capacity at WWTP in the future, delaying capital costs for capital infrastructure
•Provides significant environmental benefits through optimizing wet weather management by:
•Capturing peak flows and providing conveyance storage
•Minimizing overflows and flooding events across the Niagara Region
•Flexibility for future connectivity to support additional servicing benefits
•Current infrastructure planning and technology principles help the Region respond to changing
regulations and needs
13Page 60 of 434
14
South Niagara Wastewater Treatment Solutions – Conceptual Project Portfolio
South Niagara Wastewater Treatment Plant Design Completion: 2027
•New 30 MLD wastewater treatment plant cited at 6811 Reixinger Rd.
•New plant outfall discharging to the Welland River
South Niagara Trunk Sewer - Design Completion: Early 2027
•New large tunneled gravity sewer primarily on Montrose Rd.
•Supports South Niagara Falls growth to new WWTP
•Potential to decommission multiple existing Sewage Pumping Stations
South Thorold Servicing Strategy:
Commencement - TBD
•Redirection of Thorold South to
new WWTP
•New trunk sewer conveying flows
to the new WWTP via trunk sewer
on Brown Rd./Beechwood/
McLeod
Page 61 of 434
Niagara Falls Wastewater Treatment
Plant
Corrective Actions Taken or Improvements Underway:
•A capital project is in progress to replace the secondary treatment process, with new equipment
expected to be operational by Fall 2025.
•Ongoing maintenance efforts are focused on supporting the existing secondary treatment
equipment to the greatest extent possible.
•Receiving of hauled sewage has been restricted to only domestic sewage from sources from Niagara
Falls, specifically excluding winery waste to reduce pollutant loading.
•Enhanced monitoring of the sewershed is underway to identify and mitigate any additional pollutant
loading to the facility.
15Page 62 of 434
What’s Happening Now
Ongoing Continuous Improvement & Risk Mitigation Initiatives
•Maintenance Management Review – will assess the needs and resources necessary to update our
preventative maintenance program
•Engineering Services Review – will optimize capital project delivery & adjust to emerging needs
•Optimization of Processes and Services
•Condition Assessment Program – will verify equipment condition & prioritize risks
•Updated Replacement Costs – will provide accurate information for financial planning
•Biosolids Master Plan
16Page 63 of 434
Where Do We Go From Here?
17
Next Steps
•Advocacy – further develop advocacy strategy to seek funding partnership from senior levels of
government (Provincial & Federal)
•AMP 2025 – update the Region’s WWW Asset Management Plan in 2025 to provide a better
understanding of priority investment needs over the next 5 years
•Financial Plan – update the WWW Asset Management Financial Plan to support a more realistic
financial strategy in keeping with the updated AMP
•Capital investments and resourcing – continue to build capacity to address present-state risks and
to reduce rate of asset degradation
•Continuous improvement and efficiencies
•Review opportunities to reduce amount of infrastructure
Page 64 of 434
Questions?
18Page 65 of 434
1
Heather Ruzylo
Subject:Delegation / Appointment to Council Request
From: Delegation / Appointment Request <donotreply@niagarafalls.ca>
Sent: Friday, March 28, 2025 10:05 PM
To: Clerk <clerk@niagarafalls.ca>
Subject: [EXTERNAL]-Delegation / Appointment to Council Request
Good News!
You just got a new response to 'Delegations or Appointment to Council'!
Do you agree to the conditions?
Yes
Contact Information
Name
Steven Docherty
Address
Telephone
Name, Address and Telephone Number of the person or organization the requester represents (if
applicable)
Email Address
Detailed brief of the topic to be discussed and the request/direction the presenter is seeking from
Council.
The safety characteristics of the intersection at Pauline / St. Michael / Angie have changed drastically
since Angie was opened up to Garner. Over the past couple of years I have repeatedly tried to get the city
to resolve the situation to no avail. At one point I was even told there is no point in making it a four-way
stop as the two-way isn't currently being respected. The so-called "traffic calming" cushions in place are
no impediment to the wild drivers who threaten the safety of residents with regularity. I would ask
Council, on behalf of my neighbours and our families, to direct the city to make this intersection a 4-way
stop. I would also ask Council to direct the city to install no parking signs along Angie near the
intersection. And finally I would ask Council to encourage the transportation department to solicit
feedback from actual residents about their lived experience rather than deny it by means of an
algorithmic / statistical model. There is a huge, urgent, problem at this intersection that did not exist prior
to joining Angie to Garner.
Delegation or Appointment?
Appointment (7 day advance notice)
Page 66 of 434
2
What date are you requesting to attend the City Council Meeting?
04/04/2025
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 67 of 434
2025-04-08
Mayor Diodati and City Councillors,
I am here today in order to escalate to you the ongoing safety issues at the intersection of
Pauline Drive / St. Michael Avenue and Angie Drive. For the past number of years, I have failed
in my attempts to have City staff remediate the safety issue and am now forced to address you
in the hopes that City Council can positively resolve the situation.
In March 2021, we received a Notice of Application for Assessment Roll Number 2725-100-006-
03900 [East side of Garner Road, South of Lundy's Lane; Part of Stamford Township Lot 139]
which intended to open Angie Drive and connect it to Garner Road [green line in Figure 1]. At
that time, I expressed concern to City planners about existing traffic speeds / behaviours which
I expected to worsen with the development plan. City planners responded by indicating "traffic
calming" measures would be deployed to compensate [spoiler: they have not been].
Since then, Angie has been opened to Garner and I have repeatedly begged the City to fix the
safety problem they created at the intersection in question:
I have also suggested that City staff:
a) Undertake an unsigned traffic study
1. Installing 4-way stop instead of the existing 2-way stop. [Red circles in Figure 2]
They said there is no point in converting to 4-way if 2-way stop signs are not effective
2. Installing heavy-duty, actual, speed bumps
Rather than the "speed cushions" present farther up Angie which are a joke; drivers straddle
them at high-speed like some kind of video game [Figure 4]
They said "speed cushions" would be installed once the top layer of asphalt is on the
extension. That has no bearing on the situation as the development is far from the
intersection [see Figure 1 and Figure 3].
3. Painting a cross-walk for pedestrians. [White lines proposed in Figure 2]
So many bus stops and kids and dog walkers.
4. Disallowing parking for East West traffic on Angie drive; on a busy day, these parked
vehicles currently obscure an already dangerous crossing. [Yellow arrows proposed in
Figure 2]
Page 68 of 434
In closing, our quiet corner of Niagara Falls has been transformed into a veritable racetrack
since Angie was connected to Garner. Now is the time for City Council to direct City staff to
remediate this intersection.
Thank you for your time.
Steven Docherty
They have previously done signed traffic studies where drivers change their behaviour
when they know they are being measured.
Even these traffic studies confirm a substantial change in character but they defer to their
software recommendations regardless of the reality I am raising to them.
b) Value lived experience and community feedback.
Interview the residents whose homes are in close proximity to the intersection.
I have many other things to do with my time than email the city about safety issues and
escalate City Council after years of trying to resolve the matter.
Page 69 of 434
Figure 1: Neighbourhood prior to connection of Angie to Garner [green arrow] with existing stop
sign locations in red
Figure 2: Detail of intersection. Green box is my property. 1 and 2 are existing stop signs. 3 and
4 are requested stop signs from City. White lines from 1 to 3 and 4 to 2 are crosswalks
requested from City. Yellow arrows are requested no parking which may not be necessary if 3
and 4 can be done.
Page 70 of 434
Figure 3: Looking West along Angie to where it has been connected with Garner. Vehicles
parked here obscure the intersection from the stop sign on Pauline.
Page 71 of 434
Figure 4: Looking East along Angie. Notice the completely ineffective "speed humps" and one
of many school buses in this area. Vehicles parked here obscure the intersection from the stop
sign on Pauline.
Page 72 of 434
Figure 5: Looking south from my driveway. A random example of a high-speed shallow turn
South from a West bound vehicle on Angie.
Page 73 of 434
PBD-2025-23
Planning
Report
Report to: Mayor and Council
Date: April 8, 2025
Title:
AM-2024-027 & 26T-11-2019-001 – Official Plan Amendment,
Zoning By-law Amendment & Draft Plan of Subdivision
Modification
Part 6357 Progress Street
Proposal: To facilitate the development of 626 dwelling units,
parkland, open space, a stormwater management facility and
public roads.
Applicant: Centennial Homes (Niagara) Inc. (Joe Candeloro)
Agent: Upper Canada Consultants (William Heikoop)
Recommendation(s)
1. That Council APPROVE the Official Plan Amendment and Zoning By-law
Amendment to facilitate the development of 626 dwelling units, parkland, and a
stormwater management facility, subject to the regulations and modifications
detailed in this Report;
2. That Council GRANT draft plan approval for the Riverfront Phase 2 Draft Plan of
Subdivision, subject to the conditions contained in Appendix A;
3. That Council AUTHORIZE the Mayor or designate 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;
4. That Council GRANT Draft Plan approval for three years, after which approval
will lapse unless an extension is requested by the Owner/Developer and granted
by Council; and
5. That Council AUTHORIZE the Mayor and City Clerk to execute the Subdivision
Agreement and any required documents to allow for the future registration of the
Subdivision when all matters are addressed to the satisfaction of the City
Solicitor.
Page 1 of 77
Page 74 of 434
Executive Summary
Centennial Homes (Niagara) Inc. has requested Official Plan Amendment, Zoning By-
law Amendment, and Draft Plan of Subdivision Modification applications to facilitate the
development of 626 dwelling units, consisting of 175 detached dwellings and 451
townhouse dwellings, along with parkland, open space, access blocks, public roads,
areas for environmental protection, and a stormwater management facility on part of the
lands municipally known as 6357 Progress Street.
various to subject been have lands, with along lands, subject The surrounding
development applications and associated public consultation processes over the past
17 years, as summarized in Table 1 below. These development applications ultimately
led to the redesignation, rezoning, and subdivision of the subject lands for residential,
open space, and environmental protection purposes.
Table 1. Summary of development application approvals.
APPLICATION TYPE(S) APPROVAL YEAR APPROVAL SUMMARY
Official Plan Amendment No. 81 2008
Redesignated the subject lands
from Industrial, in part, and
Open Space, in part, to
Residential and Special Policy
Area No. 56
Official Plan Amendment No. 96 2010
Refined the area’s natural
heritage mapping
Official Plan Amendment No.
128 2018
Redesignated the subject lands
as Residential, Low/Medium
Density, in part, Open Space, in
part, and Environmental
Protection Area, in part
Zoning By-law Amendment &
Draft Plan of Subdivision 2020
Rezoned the lands to site-
specific Residential Low
Density, Group Multiple
Dwelling Zones, in part, site-
specific Environmental
Protection Area Zones, in part,
a site-specific Development
Holding Zone, in part,
Neighbourhood Commercial
Zone, in part, and Open Space
Zone, in part
Page 2 of 77
Page 75 of 434
APPLICATION TYPE(S) APPROVAL YEAR APPROVAL SUMMARY
Subdivided the lands into seven
blocks for residential
development, one block for
mixed-use development, three
blocks for open space
purposes, four blocks for
environmental protection, one
block for road widening
purposes, one block designated
as other lands owned by the
applicant, and six new streets
that were to be dedicated as
public highways
Draft Plan of Subdivision
Extension
2023
Extended Draft Plan of
Subdivision approval for a
period of 18 months,
establishing a new lapsing date
of April 30th, 2025
Draft Plan of Vacant Land
Condominium
2024
Approved 213 dwelling units
consisting of 145 detached
dwellings and 68 townhouse
dwellings, and common
elements (Riverfront Phase 1)
The proposed Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of
Subdivision Modification applications will reconfigure the existing road network, relocate
blocks/lots multi-residential for block a including development, residential for
development, and facilitate the consolidation of parkland blocks to create one larger and
centralized neighbourhood park. The proposed applications will accommodate a greater
number of dwelling units, resulting in an efficient use of land and the provision of
affordable housing options, including 138 stacked townhouse units. Staff note that no
changes zoned and designated currently are lands the to proposed are that
Environmental Protection Area.
A Public Information Open House was held on December 5th, 2024 and was attended
by five members of the public. Concerns were raised by members of the public with
respect to the location and functionality of the proposed stormwater management pond,
the blocks, future ownership of the Environmental Protection Area/wetland the
development of surrounding lands and the inclusion of a commercial use on the subject
lands, the downrating of surrounding wetlands, the future extension of Street I, the
location and size of the proposed parkland Block, the impact of proposed trails through
Environmental Protection Area/wetland blocks and the potential disturbance of species,
including the Western Chorus Frog, soil contamination, cat attacks on birds, the fencing
of natural heritage features, the minimization of bird strikes, the designation of additional
Page 3 of 77
Page 76 of 434
Environmental Protection Areas, tree replanting/compensation and survival, and
impacts on bird breeding habitats. Comments raised at the Public Information Open
House have been addressed in the “Neighbourhood Comments” section of this Report.
Further, the applicant’s responses to the written comments that have been received to
date are contained in Appendix B.
In response to the feedback received at the Public Information Open House, Planning
Staff are recommending that the Environmental Protection Area blocks (the lands
between Phase 1 and 2, formerly shown as Blocks 10 and 11 on the original Draft Plan
of Subdivision, and Block 235 on the modified Draft Plan of Subdivision) be conveyed to
the City as a condition of Draft Plan approval. Planning Staff are of the opinion that the
conveyance of these lands is in the public interest and will ensure the long-term
protection and conservation of the adjacent natural heritage features.
Provided that the conditions of Draft Plan approval contained in Appendix A are
approved as recommended, the amendments and Draft Plan of Subdivision Modification
are recommended for the following reasons:
The proposed development satisfies matters of Provincial interest as outlined in
Section 2 of the Planning Act;
The proposed development conforms to Provincial, Regional and City policies
with respect to land use compatibility, public health and safety, archaeology,
infrastructure, site condition, the protection of natural heritage resources, and
affordable housing;
The proposed development will exceed the minimum density target of 50
residents and jobs per hectare for Designated Greenfield Areas;
The proposed development will tie into the existing roadway system;
The proposed development will tie into existing municipal infrastructure following
watermain and sanitary sewer extensions and construction of the new sanitary
sewage pumping station; and
The proposed zoning and site-specific amendments are appropriate for the area
and will facilitate an efficient use of land and a compact built form.
Background
1. Previous Approvals
The Riverfront Community Plan, which was initiated through a private development
application for an Official Plan Amendment (OPA No. 128), was adopted by City Council
in 2018 and subsequently approved by the Local Planning Appeal Tribunal, now known
Page 4 of 77
Page 77 of 434
as the Ontario Land Tribunal. The Plan established a vision and planning framework to
guide development in the Riverfront Community Plan Area, and designated the subject
lands as Residential, Low/Medium Density, in part, Open Space, in part, and
Environmental Protection Area, in part. Prior to this, Official Plan Amendment No. 81
redesignated the subject lands from Industrial, in part, and Open Space, in part, to
Residential and Special Policy Area No. 56, and Official Plan Amendment No. 96
subsequently refined the area’s natural heritage mapping.
Following the adoption and approval of the Riverfront Community Plan, private
Plan Draft and Amendment By-law of a for applications development Zoning
Subdivision were approved by City Council in 2020 for the lands shown on Schedule 1.
The Draft Plan of Subdivision subdivided the lands into seven blocks for residential
development, one block for mixed-use development, three blocks for open space
purposes, widening road for block one environmental for blocks four protection,
purposes, one block designated as other lands owned by the applicant, and six new
streets that were to be dedicated as public highways. Further, By-law No. 2020-124
rezoned the lands to site-specific Residential Low Density, Group Multiple Dwelling
Zones, in part, site-specific Environmental Protection Area Zones, in part, a site-specific
Development Holding Zone, in part, Neighbourhood Commercial Zone, in part, and
Open Space Zone, in part.
City Council granted an extension to the approved Draft Plan of Subdivision in October
of 2023, which established a new lapsing date of April 30th, 2025. Shortly thereafter, the
General Manager, Planning, Building and Development approved a 213-unit Draft Plan
of Vacant Land Condominium for Block 12 of the Riverfront Draft Plan of Subdivision,
which is commonly referred to as Riverfront Phase 1.
Staff note that over the past approximately 17 years, extensive public consultation has
occurred, and several studies/assessments and updates/addendums thereto have been
submitted in support of the various development applications, including but not limited
to, Stage Archaeological 1-2 a Environmental and Studies Impact Addendums,
Assessment, Phase 1 and 2 Environmental Site Assessments, Air Quality, Noise and
Vibration Assessments, Traffic Impact Studies, Functional Servicing Reports,
Stormwater Management Reports, and Tree Inventory and Preservation Plans.
2. Proposal
Centennial Homes (Niagara) Inc. has requested Official Plan Amendment, Zoning By-
law Amendment, and Draft Plan of Subdivision Modification applications to facilitate the
development of 626 dwelling units, consisting of 175 detached dwellings and 451
townhouse dwellings, along with parkland, open space, access blocks, public roads,
areas for environmental protection, and a stormwater management facility on part of the
lands municipally known as 6357 Progress Street, as shown on Schedule 2.
The subject lands are designated Residential, Low/Medium Density, in part, Open
Space, in part, and Environmental Protection Area, in part, in accordance with the City’s
Page 5 of 77
Page 78 of 434
Official Plan and the Riverfront Community Plan. The applicant is proposing to
redesignate part of the lands that are designated Residential, Low/Medium Density to
Open Space, and part of the lands designated Open Space to Residential, Low/Medium
Density, as shown on Schedule 3. No changes are proposed to the lands that are
currently designated Environmental Protection Area.
The subject lands are zoned Residential Low Density, Group Multiple Dwelling (R4-
1133) Zone, in part, Residential Low Density, Group Multiple Dwelling (R4-1134) Zone,
in part, Environmental Protection Area (EPA-1136) Zone, in part, and Open Space (OS)
Zone, in part, in accordance with Zoning By-law No. 79-200, as amended by By-law No.
2020-124.The applicant is proposing to rezone the lands to a site-specific Residential
Mixed (R3-XXXX) Zone, in part, a new site-specific Residential Low Density, Group
Multiple Dwelling (R4-XXXX) Zone, in part, and a site-specific Open Space (OS-XXXX)
Zone, in part, as shown on Schedule 4. Site-specific relief is sought to:
R3-XXXX Zone:
Reduce the minimum lot area requirement for on-street townhouse dwellings on
Blocks 223 to 228;
Reduce the minimum rear yard depth requirement for detached dwellings and
on-street townhouse dwellings;
Increase the maximum lot coverage requirement for on-street townhouse
dwellings on Blocks 223 to 228; and
Increase the maximum projection of sills, belt courses, cornices, chimney
breasts, bay windows, pilasters and similar architectural features, window air
conditioning units, porches, decks, and stairs
R4-XXXX Zone:
Include on-street townhouse dwellings as a permitted use in accordance with the
regulations of the R3-XXXX Zone;
Include back-to-back townhouse dwellings as a permitted use;
Reduce the minimum lot area, minimum front yard depth, minimum rear yard
depth, and minimum exterior side yard width requirements for back-to-back
townhouse dwellings and stacked townhouse dwellings;
Reduce the minimum interior side yard width requirement for back-to-back
townhouse dwellings and stacked townhouse dwellings;
Increase the maximum lot coverage and maximum height of a building or
structure for back-to-back townhouse dwellings and stacked townhouse
dwellings;
Permit more than one dwelling on one lot/block;
Reduce the parking space requirement for the stacked townhouse dwellings on
Block 229;
Establish a requirement to regulate the maximum width of a driveway or parking
area and garage in the front yard for back-to-back and stacked townhouse
dwellings;
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Modify the minimum landscaped open space area metric for blocks containing
back-to-back townhouse dwellings and stacked townhouse dwellings;
Establish a minimum yard width or yard depth requirement for a deck;
Reduce the minimum amenity space requirement for back-to-back townhouse
dwellings and stacked townhouse dwellings; and
Increase the maximum projection of sills, belt courses, cornices, chimney
breasts, bay windows, pilasters and similar architectural features, window air
conditioning units, porches, decks, and stairs
OS-XXXX Zone:
Include a stormwater management pond as a permitted use.
Staff note that no changes are proposed to the lands that are currently zoned
Environmental Protection Area (EPA-1136) Zone.
3. Site Condition and Surrounding Land Uses
The subject lands are located on the north side of Chippawa Parkway, east of
Dorchester Road and south of the Canadian Pacific Railway line. The lands are 26.3
hectares in size and have historically been vacant.
Surrounding land uses include:
North – Canadian Pacific Railway line, Conrail Drain, proposed mixed-use
development;
South – Chippawa Parkway, lands owned by Ontario Power Generation, and the
Welland River;
East – Natural heritage features, Riverfront Phase 1 (213-unit Vacant Land of
Condominium), and Stanley Avenue Business Park; and
West – Additional lands owned by the applicant, Dorchester Road and the Hydro
Canal.
The proposed modifications to the approved Draft Plan of Subdivision include
reconfiguration and relocation of the roads and blocks for parkland, stormwater
management and residential purposes, and the addition of a block for multiple
residential development, as shown on Schedule 5. Staff note that the modified Draft
Plan of Subdivision no longer identifies the additional lands owned by the applicant
(Phase 3) and the environmental protection areas between Phases 1 and 2 as blocks
on the Plan.
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4. Circulation Comments
The applications were circulated to City departments, agencies, and the public for
comments. The following summarizes the comments received to date.
Regional Municipality of Niagara
o Regional Staff offer no objections to the proposed applications, subject to
the implementation and fulfillment of the new and revised conditions
contained in Appendix A (see Conditions No. 84 to 132).
o the exceeds density a yield will that of Plan Draft The Subdivision
minimum density target of 50 people and jobs per hectare for Designated
Greenfield Areas.
o The Niagara Official Plan, 2022, includes a transition policy which states
that where an Environmental Impact Study or similar study has been
formally the but Staff, Planning accepted or Local by Regional
application(s) for development or site alteration have yet to be approved,
the application(s) may be approved in accordance with the accepted
Environmental Impact Study or similar study, provided that the study
remains valid in accordance with the Region’s Environmental Impact
Study Guidelines. Regional Staff confirm that the environmental work
completed to date qualifies and is still valid in accordance with the
Region’s the Guidelines. Accordingly, Impact Environmental Study
proposed development will be assessed against the environmental
policies of the Regional Official Plan, 2014.
o Regional Staff are generally satisfied that the proposed development can
be accommodated in accordance Provincial and Regional with
environmental policies, provided that:
the stage design detailed to completed is work Additional at
demonstrate that the proposed wetland buffer widths of 15 to 20
metres are adequate to protect the hydrologic function of the
adjacent Provincially Significant Wetlands;
All required authorizations are received from applicable regulatory
agencies; and
approval Plan Draft of recommended The are conditions
implemented. It is noted that additional conditions of Draft Plan
approval may be recommended for implementation following the
completion/preparation of additional materials.
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o As it relates to the Official Plan Amendment and Zoning By-law
an objection no offer from Regional application, Amendment Staff
environmental perspective, provided that the approved feature extents and
associated buffers are placed in an appropriately restrictive Environmental
Protection Area designation and zone. Staff note that the draft schedules
provided in the Planning Justification Report, prepared by Upper Canada
Consultants address and dated October 2024, appear to sufficiently
Provincial and Regional natural heritage policy requirements.
o Regional Staff reviewed the updated Air Quality, Noise and Vibration
Assessment, The prepared by RWDI and dated October 10, 2024.
Assessment concludes that the proposed development is expected to be
compatible from air quality, noise, and vibration perspectives, subject to
the implementation of control measures, which is required through new
conditions of Draft Plan approval. An Addendum to the Assessment is also
requested as a condition of Draft Plan approval and it is noted by Regional
Staff that additional conditions/warning clauses may be required once the
Addendum is received.
o With respect to site condition, Regional Staff reviewed the previously
completed Phase One and Two Environmental Site Assessments, along
with the Environmental Considerations – Soil Characterization,
Letter of and Environmental Considerations Report, Supplemental
Reliance, all prepared by Soil-Mat Engineers and Consultants and dated
June 19, 2023, September 30, 2024, and April 4, 2024, respectively. The
Assessments identified an elevated Thallium level in the northwest corner
of the subject lands, which is associated with the adjacent railway line.
Based on the results of supplemental sampling in the surrounding area, it
is anticipated that the elevated Thallium level is isolated and non-
representative. However, future supplemental sampling is required to
confirm this. Regional Staff note that the mandatory filing of a Record of
Site Condition under Ontario Regulation 153/04 of the Environmental
Protection Act is not required for the subject lands as they have never
been developed and therefore, are not being changed to a more sensitive
land use. However, as a condition of Draft Plan approval, Regional Staff
will require the Owner/Developer to conduct supplemental sampling and
provide thallium whether indicating exceedances additional an letter
remain for the area and if so, how this exceedance is to be addressed
prior to the development of the subject lands.
o Assessment, Archaeological Stage the 1-2 Staff Regional reviewed
prepared by Amec Foster Wheeler and dated May 16th, 2016, and the
letter from the Ministry of Citizenship and Multiculturalism confirming
acceptance identify of the Assessment. The Assessment did not or
document any archaeological resources. Two existing conditions of Draft
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Plan approval will require standard archaeological warning clauses to be
included in the Subdivision Agreement.
o The proposed development is within the South Side High Lift Sewage
Pumping Station sewershed. Constraints have been identified at this
Sewage Pumping Station during wet weather events. Existing conditions
of Draft Plan approval will ensure that sanitary capacity is available in the
system before servicing allocation is granted.
o As a condition of Draft Plan approval, the Owner/Developer will be
required to undertake traffic monitoring at the intersection of Chippawa
Parkway and Stanley Avenue 12 months after 85% build out of the
Subdivision has occurred.
o Regional Staff have no objections, in principle, to the submitted
stormwater management plan.
o The proposed development, save and except the stacked townhouse
dwellings on Block 229, are eligible to receive Regional curbside waste
collection. Additional information is required at the detailed design stage to
confirm that all road widths and curb radii comply with the Region’s Waste
Collection Policy. Private waste collection will be required for Block 229.
Niagara Peninsula Conservation Authority (NPCA)
o The NPCA has no objections to the proposed modifications as there does
not appear to be any significant changes to the required buffer setbacks
from NPCA regulated wetlands.
o The NPCA offers minor changes to the original conditions of Draft Plan
approval (see Conditions No. 73 to 83 of Appendix A).
Ontario Power Generation (OPG)
o No concerns, subject to the fulfillment of Condition No. 71 of Appendix A.
Canadian Pacific (CP) Railway
o No additional comments or conditions of Draft Plan approval were
received. As such, Condition No. 72 of Appendix A was carried forward to
the new set of conditions.
Enbridge
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o No changes to the previously identified conditions (see Conditions No. 67
to 69 of Appendix A).
Canada Post
o No concerns, subject to the fulfillment of Conditions No. 64 to 66 of
Appendix A.
District School Board of Niagara (DSBN)
o No objections.
o As a condition of Draft Plan approval, DSBN Staff request that sidewalks
be constructed within the development to facilitate student travel to the
school/bus stop locations (see Condition No. 70 of Appendix A).
Building Department
o No objections.
Geographic Information Systems (GIS)
o The Owner/Developer is required to submit street names as a condition of
Draft Plan approval (see Condition No. 57 of Appendix A).
Fire Department
o No concerns or objections with respect to the proposed Official Plan
Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision
Modification applications, subject to the fulfillment of Conditions No. 58 to
61 of Appendix A.
Municipal Works (Landscape Services)
o The Owner/Developer will be required to dedicate Block 230 for parkland
in accordance with the City’s Parkland Dedication By-law (see Condition
No. 46 of Appendix A).
o the of dedication the of Landscape are Staff Services accepting
Environmental Protection Area lands within and adjacent to the proposed
development (The lands between Phase 1 and 2, formerly shown as
Blocks 10 and 11 on the original Draft Plan of Subdivision, dated July 30th
2019, and Block 235 on the modified Draft Plan of Subdivision).
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o The Owner/Developer will be required to undertake natural area
conservation works in accordance with the City of Niagara Falls Woodland
Management Plan for all Environmental Protection Area lands/blocks and
other natural areas that are conveyed to the City of Niagara Falls
o have C Street A Street and request Staff Services Landscape that
sidewalks on both sides of the street to support connectivity to the
parkland block (Block 230). This will be secured through Condition No. 19
of Appendix A.
o The Owner/Developer will be required to convey Blocks 231, 232, 233,
and 236 to the City for pedestrian access/staging purposes.
o The Owner/Developer will be required to construct trails within Blocks 231,
232 and 233, and between Phases 1 and 2.
Municipal Works (Development Engineering)
o No objections to the proposed Official Plan Amendment, Zoning By-law
Amendment, and Draft Plan of Subdivision applications, subject to the
fulfillment of Conditions No. 24 to 45 of Appendix A.
Municipal Works (Transportation Services)
o No objections to the proposed Official Plan Amendment and Zoning By-
law Amendment applications, or the requested site-specific regulations.
o A 2.94-metre road widening is required on Chippawa Parkway and will be
secured through a condition of Draft Plan approval (see Condition No. 13
of Appendix A).
o Daylight triangles (7 metres x 7 metres) are required at the intersections of
Chippawa Parkway and Street A, and Chippawa Parkway and Street C.
Further, daylighting triangles measuring 5 metres x 5 metres are required
at all internal intersections, and the inside corner of turns. All daylight
triangles will be secured through conditions of Draft Plan approval (see
Conditions No. 15 and 16 of Appendix A).
o A 0.3 metre (1 foot) reserve is required on the south and west sides of
Street I next to the Phase 3 lands. This will be secured through a condition
of Draft Plan approval (see Condition No. 17 of Appendix A).
o Transportation Services Staff reviewed the Traffic Impact Study Update,
prepared by Paradigm Transportation Solutions Limited and dated
September, 2024. The key recommendation of the Study is that an
eastbound left turn lane is warranted on Chippawa Parkway at both Street
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A and Street C. The Study also recommends reducing the speed limit on
Chippawa Parkway from 60 km/h to 50 km/h, which is supported by Staff.
o The Study analyzed the intersection of Dorchester Road and Oldfield
Road, which was recently subject to a Municipal Class Environmental
Assessment. The analysis took into account the traffic that will be
generated by the proposed development, and the future background traffic
from Phase 1, the proposed mixed-use development north of the railway
line, and the proposed industrial development located east of Phase 1.
Under future background traffic conditions, which does not include the
traffic generated by the proposed development, the intersection of
Dorchester Road and Oldfield Road will operate at poor levels of service,
even with the implementation of the recommended measures from the
Municipal Class Environmental Assessment. The future total traffic
conditions, which include the traffic generated by the proposed
development, are anticipated to operate similarly to background traffic
conditions, and will not result in additional critical movements.
o The Traffic Impact Study Update indicates that minimum sight lines are
not achieved at the intersection of Chippawa Parkway and Street A,
largely due to the curvature of Chippawa Parkway. The Study indicates
that providing a clear line of sight through the adjacent Block containing
the stormwater management pond (Block 234) will help to provide the
necessary sight lines. Condition No. 22 of Appendix A will require the
Owner/Developer to protect the sight line through Block 234.
o 1.5-metre boulevard-separated concrete municipal sidewalks and speed
control devices are required throughout the Plan of Subdivision and will be
secured in accordance with Conditions No. 19 and 21 of Appendix A,
respectively.
Planning (Urban Design & Landscape Architecture)
o stacked 138 with developed be to proposed is which 229, Block
townhouse dwellings, will be subject to Site Plan Control and the City’s
Site Plan Control Guidelines in the future.
o A condition of Draft Plan approval (see Condition No. 11 of Appendix A)
will require the submission of an updated Tree Inventory and Preservation
Plan.
5. Neighbourhood Comments
A Public Information Open House was held on December 5th, 2024 and was attended
by the applicant, their agent, Councillor Lococo, and five members of the public.
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Concerns were raised with respect to:
the location and functionality of the proposed stormwater management pond
the future ownership of the Environmental Protection Area/wetland blocks
the development of surrounding lands and the inclusion of a commercial use on
the subject lands
the downrating of surrounding wetlands
the future extension of Street I
the location and size of the proposed parkland Block
the impact of proposed trails through Environmental Protection Area/wetland
blocks and the potential disturbance of species, including the Western Chorus
Frog
soil contamination
cat attacks on birds
the fencing of natural heritage features
the minimization of bird strikes
the designation of additional Environmental Protection Areas
tree replanting/compensation and survival; and
impacts on bird breeding habitats
Staff’s responses to the above noted concerns are as follows:
The location of the stormwater management pond was selected based on a
variety of factors, including but not limited to, topography and the drainage area.
Staff note that stormwater quantity controls are not required as the subject lands
will outlet to the Welland River, where water levels are controlled by the Niagara
River and Chippawa Queenston Power Canal. However, the stormwater
management pond is required for the purpose of stormwater quality control and
enhancement.
In accordance with Parkland Dedication By-law No. 2022-132, Environmental
Protection Areas and Environmental Conservation Areas, as defined in the
Official Plan, shall be gratuitously conveyed to the City through the development
review process and shall not be accepted by the City as land for parkland
dedication, nor included in the calculation thereof. In response to the feedback
received at the Public Information Open House, Planning Staff recommend that
the Environmental Protection Area blocks (the lands between Phase 1 and 2,
formerly shown as Blocks 10 and 11 on the original Draft Plan of Subdivision,
and Block 235 on the modified Draft Plan of Subdivision) be conveyed to the City
as a condition of Draft Plan approval. Planning Staff are of the opinion that the
conveyance of these lands is in the public interest and will ensure the long-term
protection and conservation of the adjacent natural heritage features.
The City has received development applications for the lands on the north side of
the CP Railway line, and for the lands located east of Phase 1. Staff note that the
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merit of these applications will be assessed independent of the subject
applications, and that notice of any Public Information Open Houses or statutory
Public Meetings will be provided in accordance with the requirements of the
Planning Act.
The original Zoning By-law Amendment application permitted various commercial
uses in the R4-1134 Zone. However, the Owner/Developer has not carried
forward these permissions to the new R4-XXXX Zone that is proposed as the
lands on the north side of the CP Railway line are currently designated mixed-
use, in part, in accordance with the Riverfront Community Plan. The Plan
envisions that this mixed-use designation will satisfy the commercial component
of the Riverfront Community.
On January 1st, 2023, the Government of Ontario introduced changes to the
Ontario Wetland Evaluation System, which allows qualified wetland evaluators to
undertake revaluations of wetlands that are currently mapped as Provincially
Significant Wetlands. Staff note that the proposed applications do not involve the
revaluation of the Blocks that are currently designated and zoned Environmental
Protection Area.
As part of future Phase 3, the Owner/Developer intends on extending Street I
westward to Dorchester Road. This will be subject to the results of the Traffic
Impact and Environmental Impact Study work that is completed in association
with Phase 3.
The proposed block for parkland (Block 230) is 1.96 hectares in size and is
proposed in a central location. The Parkland Dedication Calculation Plan that
was submitted by the applicant indicates that to meet the 5% parkland dedication
rate for the three phases, a total of 2.18 hectares of land is required to be
dedicated to the City. Block 230 will account for 90% of their overall parkland
dedication requirement. The Owner/Developer intends on dedicating the
remaining 10% (0.22 hectares) through Phase 3, which will form part of the larger
parkland block (Block 230). It is further noted that the previous Draft Plan of
Subdivision contained two separate blocks for parkland purposes. However, the
proposed development will consolidate the parkland into one larger block, which
will improve its utility and programmability.
With respect to proposed trail construction within the Environmental Protection
Area blocks and the potential impact on amphibians, including the Western
Chorus Frog, the Environmental Impact Study work recommends that trails
should be constructed outside the amphibian breeding and movement period and
along the amphibian movement corridor to avoid impacts on amphibian breeding
and movements. It is further recommended that should construction need to
occur within the amphibian breeding and movement period, the site can be
screened for amphibians.
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With respect to trail use in sensitive areas, the Environmental Impact Study work
recommends that within sensitive areas, cyclists will be prevented from using the
trail via signs and trail design to minimize potential impacts on wildlife. Further, it
is recommended that interpretive signage be installed at trail entrances and
along the trail explaining the sensitivity of the habitats and the role of trail users
to be stewards, and reminding users to stay on the trail, keep dogs leashed, and
refrain from littering.
With respect to soil contamination, the Phase One and Two Environmental Site
Assessments identified an elevated Thallium level in the northwest corner of the
subject lands, which is associated with the adjacent railway line. Based on the
results of supplemental sampling in the surrounding area, it is anticipated that the
elevated Thallium level is isolated and non-representative. However, as a
condition of Draft Plan approval, the Owner/Developer is required to conduct
supplemental sampling and provide an additional letter indicating whether
thallium exceedances remain for the northwest corner of the subject lands and if
so, how this exceedance is to be addressed prior to the development of the
subject lands.
With respect to cat attacks on birds, Regional Staff have requested that the
Owner/Developer prepares an information package for new homeowners
outlining the importance of the adjacent natural heritage features and steps that
they can take to protect the natural environment. This document is to be included
as an Appendix to all offers of purchase and sale for properties within the
proposed development. Planning Staff request that this document also includes
strategies and information for new homeowners with respect to the prevention of
cat attacks on birds.
As conditions of Draft Plan approval, both Regional and NPCA Staff have
recommended that fencing be constructed adjacent to natural heritage features.
This is a standard requirement that helps to minimize encroachments and
promote the protection and conservation of natural heritage features. Through a
condition of Draft Plan approval, Regional Staff have requested that the
Owner/Developer considers the appropriateness of installing permanent wildlife
exclusion fencing to contain wildlife movement to the natural heritage features
and restrict access to adjacent rear yards.
With respect to the incorporation of bird friendly design standards, this comment
has been brought to the attention of the Owner/Developer. However, Staff note
that the Environmental Impact Study work completed to date has not
recommended the incorporation of such standards, nor does the City of Niagara
Falls have bird-friendly design standards.
Staff note that the applications do not propose to modify the lands that are
currently designated and zoned for Environmental Protection Area purposes, nor
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is there justification for additional lands to be zoned or designated for this
purpose.
As conditions of Draft Plan approval, the Owner/Developer is required to submit
a revised Ecological Restoration Plan and an Ecological Monitoring Plan, which
shall identify an appropriate ratio for tree compensation that considers the
existing form, function and quality of both the woodland proposed for removal
and that of the woodland created over the long-term, and monitor the success of
the restorative plantings. Regional Staff note that monitoring should take place
upon the initiation of any development and/or site alteration and continue up to
and including 5 years from full build out.
Through the Environmental Impact Study work, bird breeding surveys were
completed and sensitive bird breeding habitats were identified. Regional Staff
have reviewed the Environmental Study work and are generally satisfied that the
proposed development can be accommodated in accordance with Provincial and
Regional environmental policies, provided that the various conditions of Draft
Plan approval are implemented and fulfilled, which includes the
completion/preparation of additional materials/plans such as a Site Phasing Plan,
Grading Tree Plan, Restoration Ecological Plan, Photometric Plan, revised
Ecological Savings Plan, Trails Plan, Monitoring Plan, Infrastructure
Requirements Plan, and an Environmental Impact Study Addendum.
Four of the five members of the public that attended the Public Information Open House
also submitted written comments. The applicant has prepared responses to these
comments, which are contained in Appendix B.
Analysis
1. Provincial Policies
City planning decisions are to be consistent with the Planning Act and the Provincial
Planning Statement, 2024. The proposal is consistent with the following matters of
Provincial interest:
Land use compatibility and the protection of public health and safety
o With respect to land use compatibility, the updated Air Quality, Noise and
Vibration Assessment indicates that existing industries in the area are
required to meet air quality standards at their property lines in accordance
with their Environmental Compliance Approval and Ontario Regulation
419/05. Quality Ready-Mix is the only stationary industrial operation that
may have a potential fugitive dust effect on the proposed development.
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However, the onus is on Quality Ready-Mix to maintain acceptable levels
of fugitive dust beyond their property line.
o From an air quality perspective, the new sanitary sewage pumping station
contains a wet well, which is a potential source of odour emissions. While
the dispersion modelling of the odour emissions from the well’s vent pipe
indicate elevated odour emissions for dwelling units located close to the
pumping station, it is noted that the frequency of this occurring is less than
0.5% of the time, which is considered an acceptable odour impact in
accordance with the Ministry of the Environment, Conservation and Parks’
technical bulletin.
o With respect to the new sanitary sewage pumping station, specifically the
emergency generator, testing of the generator is anticipated to be in
compliance with the applicable sound level limits and can occur at
anytime.
o With respect to stationary noise sources, Quality Ready-Mix,
Airwood/Phoenix Wood Products, and the South Niagara Falls
Wastewater Treatment Plant are not anticipated to impact the sound
levels at the development and are expected to meet NPC-300 guidelines.
Regional Staff have requested some clarifying information through a
condition of Draft Plan approval.
o Based on the noise modeling results and setback distances, nearby
industrial operations are anticipated to be compatible with the proposed
development from a noise impact perspective.
o With respect to transportation noise and vibration sources, noise and
vibration levels due to rail traffic are predicted to meet the applicable
criteria following the implementation of control measures, which is
required through conditions of Draft Plan approval.
o With respect to site condition and the protection of public health and
safety, Phase One and Two Environmental Site Assessments identified an
elevated Thallium level in the northwest corner of the subject lands, which
is associated with the adjacent railway line. Based on the results of
supplemental sampling in the surrounding area, it is anticipated that the
elevated Thallium level is isolated and non-representative. However,
future supplemental sampling is required to confirm this. Staff note that the
mandatory filing of a Record of Site Condition under Ontario Regulation
153/04 of the Environmental Protection Act is not required for the subject
lands as they have never been developed and therefore, are not being
changed to a more sensitive land use. However, as a condition of Draft
Plan approval, the Owner/Developer is required to conduct supplemental
sampling and provide an additional letter indicating whether thallium
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exceedances remain for the area and if so, how this exceedance is to be
addressed prior to the development of the subject lands.
Conservation of archaeological resources
o A Stage 1-2 Archaeological Assessment, prepared by Amec Foster
Wheeler and dated May 16th, 2016 was submitted with the applications,
along with a letter from the Ministry of Citizenship and Multiculturalism
confirming acceptance of the Assessment. The Assessment did not
identify or document any archaeological resources.
Protection of ecological systems and natural heritage
o The proposed applications will not alter the portion of the subject lands
that are currently designated and zoned Environmental Protection Area.
New and existing conditions of Draft Plan approval will ensure that natural
heritage resources are appropriately protected, conserved, replaced, and
restored.
Orderly development of safe and healthy communities
o Forming part of the Designated Greenfield Area, the subject lands are
intended to accommodate growth and support the development of a
compact, complete community with a range of residential and employment
opportunities. The proposed development will contribute to the
development of a complete community, focusing largely on the residential
component. However, future development applications in the area are
anticipated to address the employment component of the complete
community.
Appropriate location of growth and development
Official Plan Amendment No. 81 and the Riverfront Community Plan envision
the use of the lands for residential purposes. Staff note that the majority of
the subject lands are currently designated Residential, Low/Medium Density
and that the proposed applications will reallocate the residential and open
space designations of the subject lands.
Adequate provision of a full range of housing, including affordable housing
The proposed development will accommodate a full range and mix of
housing types, unit sizes, and densities, Staff note that the estimated sale
prices of the proposed stacked townhouses will be affordable to moderate
income households. Further, additional dwelling units will assist with
offsetting the costs associated with home ownership, making home
ownership more attainable.
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Adequate provision and efficient use of communication, transportation, sewage
and water services and waste management systems
o The road system of the proposed development will tie into Chippawa
Parkway at Street A and Street C. Condition No. 23 of Appendix A
requires the construction of a 15-metre-long eastbound left turn lane on
Chippawa Parkway at Street A and Street C.
o Under future background traffic conditions, the intersection of Dorchester
Road and Oldfield Road will operate at poor levels of service, even with
the implementation of the recommended measures from the Municipal
Class Environmental Assessment. The future total traffic conditions are
anticipated to operate similarly to background traffic conditions, and will
not result in additional critical movements.
o The subject lands are not serviced by a municipal watermain or sanitary
sewer. As such, the Owner/Developer will be required to extend the
watermain and sanitary sewer south on Dorchester Road and construct a
new sanitary sewage pumping station on Chippawa Parkway.
o With respect to stormwater management, a wet pond facility with a
controlled outlet is proposed. This will collect major overland flows from
the subject lands and outlet to the Welland River.
o Conditions of Draft Plan of Subdivision approval have been recommended
to ensure that sanitary capacity is available in the system before servicing
allocation is granted.
2. Niagara Region Official Plan
The subject lands are identified as Designated Greenfield Area in the Niagara Region
Official Plan, 2022. The lands are also impacted by the Region’s Core Natural Heritage
System, consisting of Provincially Significant Wetlands, Significant Woodland, and
Significant Wildlife Habitat.
The Niagara Region Official Plan, 2022, includes a transition policy which states that
where an Environmental Impact Study or similar study has been formally accepted by
Local or Regional Planning Staff, but the application(s) for development or site alteration
have yet to be approved, the application(s) may be approved in accordance with the
accepted Environmental Impact Study or similar study, provided that the study remains
valid in accordance with the Region’s Environmental Impact Study Guidelines. Regional
Staff confirm that the environmental work completed to date qualifies and is still valid in
accordance with the Region’s Environmental Impact Study Guidelines. Accordingly, the
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proposed development will be assessed against the environmental policies of the
Regional Official Plan, 2014.
Subject to the recommended conditions of Draft Plan of Subdivision approval, the
proposal conforms as follows:
The proposed development will exceed the minimum density target of 50
residents and jobs per hectare for Designated Greenfield Areas.
The proposed development is sequential, orderly and contiguous with the
existing built-up area, provides a range of housing types and unit sizes to
accommodate current and future market-based needs, represents an orderly and
logical extension of municipal services, and may result in the expansion of the
Niagara Region Transit service. Conditions of Draft Plan of Subdivision approval
have been recommended by Regional Staff to ensure that sanitary capacity is
available in the system before servicing allocation is granted.
The proposed development will support active transportation as it will facilitate
pedestrian connectivity between the various phases and the new multi-use trail
along Chippawa Parkway.
The Stage 1-2 Archaeological Assessment did not identify or document any
archaeological resources. Further, the Ministry of Citizenship and Multiculturalism
has confirmed acceptance of the Assessment.
Regional Staff are generally satisfied that the proposed development can be
accommodated in accordance with Provincial and Regional environmental
policies, provided that:
o Additional work is completed at the detailed design stage to demonstrate
that the proposed wetland buffer widths of 15 to 20 metres are adequate
to protect the hydrologic function of the adjacent Provincially Significant
Wetlands;
o All required authorizations are received from applicable regulatory
agencies; and
o That the recommended conditions of Draft Plan approval are
implemented. It is noted that additional conditions of Draft Plan approval
may be recommended for implementation following the
completion/preparation of additional materials.
With respect to supporting the development of healthy and safe communities, as
a condition of Draft Plan approval, the Owner/Developer is required to conduct
supplemental sampling and provide an additional letter indicating whether
thallium exceedances remain for the northwest corner of the subject lands if so,
how this exceedance is to be addressed prior to the development of the subject
lands.
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With respect to compatibility, the proposed development is expected to be
compatible from air quality, noise, and vibration perspectives, subject to the
implementation of control measures, which is required through conditions of Draft
Plan approval.
3. City Official Plan
The subject lands are designated Residential, Low/Medium Density, in part, Open
Space, in part, and Environmental Protection Area, in part, in accordance with the City’s
Official to proposing is applicant Plan. The Riverfront the and Plan Community
redesignate part of the lands that are designated Residential, Low/Medium Density to
Open Space, and part of the lands designated Open Space to Residential, Low/Medium
Density, as shown on Schedule 3. No changes are proposed to the lands that are
currently designated Environmental Protection Area.
When considering an Official Plan Amendment, Council is to consider the conformity of
the proposal with the general objectives of the Plan, the suitability of the site or area for
the proposed use, the compatibility of the proposed use with adjacent land use
designations, the need for the use, the availability of adequate municipal services and
facilities for the proposed use, and its financial implications. The proposal conforms as
follows:
The proposed development will exceed the overall Greenfield density target of 53
combined residents and jobs per hectare for the Plan Area;
Official Plan Amendment No. 81 and the Riverfront Community Plan envision the
use of the lands for residential purposes. Staff note that the majority of the
subject lands are currently designated Residential, Low/Medium Density and that
the proposed applications will reallocate the residential and open space
designations of the subject lands;
The proposed redesignations will still achieve a wide range of housing forms,
including low density housing forms (detached dwellings) and medium density
housing forms (on-street, back-to-back, and stacked townhouse dwellings).
Although back-to-back townhouse dwellings are not explicitly listed in the policies
of the Riverfront Community Plan, Staff are of the opinion that it was not the
intent of the Plan to preclude the development of back-to-back townhouse
dwellings;
Of the 21.74 hectares of developable area, 7.52 hectares are proposed for low
density housing forms (detached dwellings), which may be developed to a
minimum net density of 20 units per hectare and a maximum net density of 50
units per hectare, and a maximum building height of 3 storeys in accordance with
the policies of the Riverfront Community Plan. Staff note that the detached
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dwellings will achieve a density of 23.2 units per hectare and will not exceed 3
storeys in height, which conforms with the low density policies of the Plan;
Of the 27.14 hectares of developable area, 14.22 hectares are proposed for
medium density housing forms (on-street, back-to-back, and stacked townhouse
dwellings), which may be developed to a maximum net density of 75 units per
hectare and a maximum height of 4 storeys. Staff note that the townhouse
dwellings will achieve a density of 31.7 units per hectare and will not exceed 4
storeys in height, which conforms with the medium density policies of the Plan;
Block 229, which is planned for stacked townhouse dwellings, will be subject to
Site Plan Control and/or a Draft Plan of Condominium application in the future.
When considering Block 229 independent of the other blocks containing medium
density housing forms, a density of 87.3 units per hectare is achieved, which
exceeds the 75 unit per hectare maximum density that is permitted for medium
density housing forms. As such, Staff recommend that the Official Plan
Amendment allows stacked townhouse dwellings to be developed to a maximum
net density of 88 units per hectare to ensure that no interpretation/conformity
issues are encountered at the time of future Planning Act applications;
The proposed redesignations will facilitate the consolidation of open
space/parkland in the Draft Plan of Subdivision. The previous Draft Plan of
Subdivision contained two separate blocks for open space/parkland purposes.
However, Block 230, which is 1.96 hectares in size, will be conveyed to the City
for parkland purposes through a condition of Draft Plan approval in accordance
with the City’s Parkland Dedication By-law. This is supportable as the Riverfront
Community Plan states that Neighbourhood Parks should be a minimum of 2
hectares in size. As such, the current proposal meets the general intent of this
policy and improves the utility and programmability of the open space/parkland;
With respect to compatibility, the proposed development is expected to be
compatible from air quality, noise, and vibration perspectives, subject to the
implementation of control measures, which is required through conditions of Draft
Plan approval;
With respect to compatibility of the proposed development with adjacent natural
heritage features, Staff note that no changes are proposed to the lands that are
currently designated Environmental Protection Area. However, Regional and
NPCA Staff have recommended various conditions of Draft Plan approval to
ensure that natural heritage resources are appropriately protected, conserved,
replaced, and restored in light of previous vegetation removals on-site;
When Official Plan Amendment No. 81 was adopted by City Council in 2008,
which redesignated the subject lands from Industrial, in part, and Open Space, in
part, to Residential and Special Policy Area No. 56, there was an identified need
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for residential lands over the long term. Staff note that the proposed development
will continue to serve this purpose;
Following the extension of the municipal watermain and sanitary sewer, and the
construction of the new sanitary sewage pumping station on Chippawa Parkway,
it is anticipated that municipal infrastructure will have adequate capacity to
accommodate the proposal. Regional Staff have recommended conditions of
Draft Plan approval to ensure that sanitary capacity is available in the system
before servicing allocation is granted;
With respect to transportation infrastructure, the proposed development will tie
into Chippawa Parkway at Street A and Street C and will provide pedestrian
connectivity between phases and the new multi-use trail along Chippawa
Parkway. Although poor levels of service are anticipated at the intersection of
Dorchester Road and Oldfield Road, future total traffic conditions are anticipated
to operate similarly to background traffic conditions, even with the
implementation of the recommended measures from the Municipal Class
Environmental Assessment, and will not result in additional critical movements.
Further, as a condition of Draft Plan approval, the Owner/Developer is required to
construct a 15-metre-long eastbound left turn lane on Chippawa Parkway at
Street A and Street C;
With respect to financial implications, the proposed development will generate
development charge contributions and property tax revenue. Staff note that the
proposed development will accommodate more dwelling units than what was
originally intended/approved through the previous applications; and
With respect to affordable housing, the proposed development will introduce a
total of 626 dwelling units, consisting of 175 detached dwellings (with up to 5
bedrooms) and 451 townhouse dwellings (with up to 3 bedrooms). Staff note that
the estimated sale prices of the proposed stacked townhouse dwellings, which
account for 138 of the 451 townhouse dwellings, will start at $399,000. As such,
22% of the overall development will be affordable to moderate income
households. It is further noted that the proposed development will provide
opportunities for the inclusion of additional dwelling units, which will assist with
offsetting the costs associated with home ownership, thus making home
ownership more attainable.
4. Zoning By-law No. 79-200
The lands are zoned Residential Low Density, Group Multiple Dwelling (R4-1133) Zone,
in part, Residential Low Density, Group Multiple Dwelling (R4-1134) Zone, in part,
Environmental Protection Area (EPA-1136) Zone, in part, and Open Space (OS) Zone,
in part, in accordance with Zoning By-law No. 79-200, as amended by By-law No. 2020-
124.
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The applicant is proposing to rezone the lands to a site-specific Residential Mixed (R3)
Zone, in part, a new site-specific Residential Low Density, Group Multiple Dwelling (R4)
Zone, in part, and a site-specific Open Space (OS) Zone, in part. Staff note that no
changes are proposed to the lands that are currently zoned Environmental Protection
Area (EPA-1136) Zone. Site-specific relief has been sought to:
R3-XXXX Zone:
Reduce the minimum lot area requirement for on-street townhouse dwellings on
Blocks 223 to 228;
Reduce the minimum rear yard depth requirement for detached dwellings and
on-street townhouse dwellings;
Increase the maximum lot coverage requirement for on-street townhouse
dwellings on Blocks 223 to 228; and
Increase the maximum projection of sills, belt courses, cornices, chimney
breasts, bay windows, pilasters and similar architectural features, window air
conditioning units, porches, decks, and stairs.
R4-XXXX Zone:
Include on-street townhouse dwellings as a permitted use in accordance with the
regulations of the R3-XXXX Zone;
Include back-to-back townhouse dwellings as a permitted use;
Reduce the minimum lot area, minimum front yard depth, minimum rear yard
depth, and minimum exterior side yard width requirements for back-to-back
townhouse dwellings and stacked townhouse dwellings;
Reduce the minimum interior side yard width requirement for back-to-back
townhouse dwellings and stacked townhouse dwellings;
Increase the maximum lot coverage and maximum height of a building or
structure for back-to-back townhouse dwellings and stacked townhouse
dwellings;
Permit more than one dwelling on one lot/block;
Reduce the parking space requirement for the stacked townhouse dwellings on
Block 229;
Establish a requirement to regulate the maximum width of a driveway or parking
area and garage in the front yard for back-to-back and stacked townhouse
dwellings;
Modify the minimum landscaped open space area metric for blocks containing
back-to-back townhouse dwellings and stacked townhouse dwellings;
Establish a minimum yard width or yard depth requirement for a deck;
Reduce the minimum amenity space requirement for back-to-back townhouse
dwellings and stacked townhouse dwellings; and
Increase the maximum projection of sills, belt courses, cornices, chimney
breasts, bay windows, pilasters and similar architectural features, window air
conditioning units, porches, decks, and stairs
OS-XXXX Zone:
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Include a stormwater management pond as a permitted use.
The departures requested from the standard R3 Zone and R4 Zone regulations are
detailed in Appendix C. In summary, Staff support the requested departures, subject to
some minor modifications, as they will facilitate a compact built form and an efficient use
of land. Several of the requested regulations are identical to, or generally consistent
with the existing R4-1133 and R4-1134 zoning of the subject lands, which was
approved by City Council in 2020.
5. Sunset Clause
A sunset clause in the amending Zoning By-law is not recommended as there is a
concurrent Draft Plan of Subdivision Modification application, which provides a three-
year period for the clearance of the conditions of Draft Plan approval.
6. Subdivision Design and Conditions of Approval
The proposed modifications to the approved Draft Plan of Subdivision include
reconfiguration and relocation of the roads and blocks for parkland, stormwater
management and residential purposes, and the addition of a block for multiple
residential development.
When considering a proposed Draft Plan of Subdivision Modification, Council shall have
regard for the planning matters listed under Section 51(24) of the Planning Act. Subject
to the conditions contained in Appendix A, the proposed modification conforms as
follows:
The proposal satisfies matters of provincial interest as outlined in Section 2 of the
Planning Act and is not considered premature.
The concurrent Official Plan Amendment application will ensure that the Draft
Plan of Subdivision conforms to the Official Plan. Condition No. 4 of Appendix A
requires the Official Plan Amendment to come into force and effect prior to Final
Subdivision Approval being granted.
The Riverfront Community Plan envisions the use of the lands for residential and
open space purposes.
The proposed development is anticipated to be compatible with surrounding land
uses from air quality, noise, and vibration perspectives.
With respect to affordable housing, Staff note that the estimated sale prices of
the 138 proposed stacked townhouse dwellings are intended to be affordable to
moderate income households.
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The road system of the proposed development will tie into Chippawa Parkway at
Street A and Street C. Condition No. 23 of Appendix A requires the construction
of a 15-metre-long eastbound left turn lane on Chippawa Parkway at Street A
and Street C.
As there in no municipal watermain on Chippawa Parkway in front of the subject
lands, the Owner/Developer, as a condition of Draft Plan approval, will be
required to extend the 300 mm diameter watermain that is currently located in
front of 8100 Dorchester Road south to the eastern limit of the subject lands.
As there is no municipal sanitary sewer on Chippawa Parkway in front of the
subject lands, the Owner/Developer, as a condition of Draft Plan approval, will be
required to extend a new 600 mm diameter watermain south on Dorchester
Road, and construct a new sanitary sewage pumping station on Chippawa
Parkway.
Conditions of Draft Plan approval have been recommended by Regional Staff to
ensure that sanitary capacity is available in the system before servicing allocation
is granted.
Regional and NPCA Staff have recommended various conditions of Draft Plan
approval to ensure that natural heritage resources are appropriately protected,
conserved, replaced, and restored in light of previous vegetation removals on-
site.
The dimensions and shapes of the proposed lots and blocks represents an
efficient use of land and will result in a compact built form.
No objections or concerns regarding the adequacy of school sites were raised by
the school boards. The District School Board of Niagara (DSBN) notes that
students from this area currently attend River View Public School (Gr. JK‐8) and
Stamford Collegiate Secondary School (Gr. 9‐12).
Block 230, which is 1.96 hectares in size, will be conveyed to the City for
parkland purposes in accordance with the Parkland Dedication By-law No. 2022-
132.
In accordance with Parkland Dedication By-law No. 2022-132, Environmental
Protection Areas and Environmental Conservation Areas, as defined in the
Official Plan, shall be gratuitously conveyed to the City through the development
review process and shall not be accepted by the City as land for parkland
dedication, nor included in the calculation thereof. In response to the feedback
received at the Public Information Open House, Planning Staff recommend that
the Environmental Protection Area blocks (the lands between Phase 1 and 2,
formerly shown as Blocks 10 and 11 on the original Draft Plan of Subdivision,
and Block 235 on the modified Draft Plan of Subdivision) be conveyed to the City
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as a condition of Draft Plan approval. Planning Staff are of the opinion that the
conveyance of these lands is in the public interest and will ensure the long-term
protection and conservation of the adjacent natural heritage features.
o Municipal Works (Development Engineering) Staff recognize the
importance of such planning practices but wish to advise that such
consideration by City Council would result in additional operational needs.
Site plan matters relating to landscaping, fencing, servicing, grading, waste
collection, and lighting will be addressed as conditions of Draft Plan approval.
Appeal Rights
Sections 17 & 34
In accordance with Sections 34(19) and 17(24) of the Planning Act, the applicant, the
Minister, or a specified person, public body, or registered owner of any land to which the
Official Plan Amendment/Zoning By-law will apply, who made oral submissions at a
Public Meeting or written submissions to Council prior to the adoption of the Official
Plan Amendment and/or passage of the Zoning By-law, may appeal the Official Plan
Amendment and/or the Zoning By-law to the Ontario Land Tribunal.
Section 51
In accordance with Section 51(39) of the Planning Act, the applicant, the Minister, or a
specified person or public body who made oral submissions at a Public Meeting or
written submissions to Council may appeal the decision of Council to the Ontario Land
Tribunal.
Operational Implications and Risk Analysis
with associated implications operating and be future the will There capital
recommended conveyance of the blocks for parkland and environmental protection
purposes.
Financial Implications/Budget Impact
The proposed development will generate development charge contributions and
property tax revenue.
Strategic/Departmental Alignment
While this proposal does not directly align with the Pillars of the 2023-2027 Strategic
Plan, it does support the achievement of a liveable community.
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Strategic Plan Pillars
List of Attachments
Schedule 1
Schedule 2
Schedule 3
Schedule 4
Schedule 5
Appendix A
Appendix B
Appendix C
Written by:
Mackenzie Ceci, Senior Planner, Current Development
Submitted by: Status:
Signe Hansen, Director of Planning Approved
- 02 Apr
2025
Kira Dolch, General Manager, Planning, Building &
Development
Approved
- 02 Apr
2025
Jason Burgess, CAO Approved
- 03 Apr
2025
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SCHEDULE 1Page 30 of 77
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SCHEDULE 2
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SCHEDULE 'A' TO OFFICIAL PLAN AMENDMENT No.____
MAYOR:
CLERK:
RIVERFRONT COMMUNITY - PHASE 2
LEGEND
PART 1 -OPA: REMAINS RESIDENTIAL LOW/MEDIUM DENSITY
PART 2 -OPA: RESIDENTIAL USE TO OPEN SPACE
PART 1
PART 2
PART 2
PART 2
PART 3
PART 4
PART 3
PART 3 -OPA: OPEN SPACE TO RESIDENTIAL LOW/MEDIUM DENSITY
PART 4 - OPA: REMAINS ENVIRONMENTAL PROTECTION AREA
PART 2
PART 2
PART 2
SCHEDULE 3
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SCHEDULE '1' TO ZONING BY-LAW AMENDMENT No.____
MAYOR:
CLERK:
RIVERFRONT COMMUNITY - PHASE 2
LEGEND
PART 1 -ZONING: RESIDENTIAL LOW DENSITY GROUPED MULTIPLE DWELLING SITE
SPECIFIC (R4-1134) TO RESIDENTIAL MIXED ZONE SITE SPECIFIC (R3-XXXX)
PART 2 -
PART 3 -
ZONING: OPEN SPACE (OS) TO RESIDENTIAL MIXED ZONE SITE SPECIFIC
(R3-XXXX)
PART 4 -
PART 5 -
PART 9
PART 4
PART 5
PART 8
ZONING: RESIDENTIAL LOW DENSITY GROUPED MULTIPLE DWELLING SITE
SPECIFIC (R4-1133) TO RESIDENTIAL MIXED ZONE SITE SPECIFIC (R3-XXXX)
PART 2
PART 3
PART 2
PART 1
PART 1
PART 6
PART 7
PART 6 -
PART 7 -ZONING: ENVIRONMENTAL PROTECTION AREA SITE SPECIFIC (EPA-1136) TO
RESIDENTIAL MIXED ZONE SITE SPECIFIC (R3-XXXX)
PART 8 -ZONING: ENVIRONMENTAL PROTECTION AREA SITE SPECIFIC
(EPA-1136) TO REMAIN
PART 3
ZONING: RESIDENTIAL LOW DENSITY GROUPED MULTIPLE DWELLING SITE
SPECIFIC (R4-1134) TO OPEN SPACE SITE SPECIFIC (OS-XXXX)
ZONING: RESIDENTIAL LOW DENSITY GROUPED MULTIPLE DWELLING SITE
SPECIFIC (R4-1133) TO OPEN SPACE SITE SPECIFIC (OS-XXXX)
ZONING: RESIDENTIAL LOW DENSITY GROUPED MULTIPLE DWELLING SITE
SPECIFIC (R4-1134) TO OPEN SPACE SITE SPECIFIC (OS-XXXX)
PART 9 -
PART 10 -
PART 3
PART 3
PART 10
ZONING: RESIDENTIAL LOW DENSITY GROUPED MULTIPLE DWELLING SITE SPECIFIC
(R4-1133) TO RESIDENTIAL LOW DENSITY GROUPED MULTIPLE DWELLING SITE
SPECIFIC (R4-XXXX)
ZONING: RESIDENTIAL LOW DENSITY GROUPED MULTIPLE DWELLING SITE SPECIFIC
(R4-1134) TO RESIDENTIAL LOW DENSITY GROUPED MULTIPLE DWELLING SITE
SPECIFIC (R4-XXXX)
PART 1
PART 9
PT 10
PART 5
PART 5
PART 4
PART 3
PART 3
PART 3
PART 3
SCHEDULE 4
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SCHEDULE 5Page 34 of 77
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PBD-2025-23
April 8th, 2025
Appendix A: Riverfront Phase 2 Draft Plan of Subdivision Conditions
1. Approval applies to the Riverfront Phase 2 Draft Plan of Subdivision, as modified,
prepared by Upper Canada Consultants and dated March 4th, 2025, showing Lots
1-175 for 175 detached dwellings, Blocks 176-222 for 249 on-street townhouse
dwellings , Blocks 223-228 for 64 back-to-back townhouse dwellings, Block 229 for
multiple residential development, as well as blocks for parkland, open space,
wetland conservation, a stormwater management pond, trail connections, and public
highways.
Legal Services
2. That the Owner/Developer enters into a registered Subdivision Agreement with the
City to satisfy all requirements, financial and otherwise, related to the development
of the land.
NOTE: Should any other body wish to have its conditions included in the
Subdivision Agreement, they may be required to become party to the Subdivision
Agreement for the purpose of enforcing such conditions. If the development is to
be constructed and subdivision plans registered in two or more phases, a
separate Subdivision Agreement will be required for each phase.
3. That the Owner/Developer submits a Solicitor’s Certificate of Ownership for the
subdivision land to the City Solicitor prior to the preparation of the Subdivision
Agreement.
Planning and Development
4. That the concurrent Official Plan Amendment (AM-2024-027) comes into force and
effect.
5. That the concurrent Zoning By-law Amendment (AM-2024-027) comes into force
and effect to provide land use regulations to guide the development of the
subdivision.
6. That the lands between Phase 1 and 2, formerly shown as Blocks 10 and 11 on the
original Draft Plan of Subdivision, dated July 30th 2019, and Block 235 on the
modified Draft Plan of Subdivision, be gratuitously dedicated to the City, free and
clear of encumbrances, in accordance with Parkland Dedication By-law No. 2022-
132.
7. That the Owner/Developer submits to the City’s Senior Zoning Administrator all
necessary drawings and information, including but not limited to, site, elevation, and
landscaping drawings to confirm zoning compliance.
8. That the Owner/Developer provides one (1) copy of the pre-registration plan to
Planning, Building & Development and a letter stating how all the conditions imposed
have been or are to be fulfilled.
9. That the Owner/Developer submits an elevation and perspective drawing that
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PBD-2025-23
April 8th, 2025
illustrates the side elevation of Lots 175 and demonstrates appropriate side
elevation treatments.
10. That the following warning clause be included in the Subdivision Agreement:
“Purchasers / Tenants are advised that due to the proximity of the proposed South
Niagara Falls Wastewater Treatment Plant, that noise and odour from the plant’s
operations may occasionally interfere with some activities of the dwelling
occupants.”
11. That the Owner/Developer provides an updated Tree Inventory Chart to include a
statement of justification, an updated Tree Protection Plan including the tree
protection zones, and a Tree Protection Zone or Tree Protection Fence detail for the
City’s review.
12. That the Owner/Developer provides compensation for the removal of any municipal
street trees in accordance with the City’s Schedule of Fees.
Municipal Works (Transportation Services)
13. That a 2.94 m road widening along Chippawa Parkway abutting the subject lands
be dedicated to the City as a public road allowance.
14. All proposed roads to be 18 m local roads, except for:
a. Street E and G/H, to be 18.6m; and
b. Street I, west of Street C, to be 20m
15. Daylight triangles measuring 7 m x 7 m required for Chippawa Parkway at Street
A, and Chippawa Parkway at Street C.
16. Daylighting triangles measuring 5 m x 5 m are required at all internal intersections,
and the inside corner of turns.
17. That a 0.3 m reserve be applied on the south and west sides of Street I next to the
additional lands of the applicant.
18. All roads be designed and constructed to municipal standards.
19. A 1.5 m boulevard-separated concrete sidewalk be constructed on one side of all
subdivision roads, except for:
a. No Sidewalk required on Street A north of Street E;
b. Both sides of Street A between Chippawa Parkway and Street G;
c. Both sides of Street C between Chippawa Parkway and Street G; and
d. Both sides of Street I west of Street C
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PBD-2025-23
April 8th, 2025
20. A 3.0 m boulevard-separated asphalt multi-use trail be constructed on the:
a. North side of Street E;
b. North side of Street G;
c. North side of Street H between Street A and Block 233; and
d. North side of Chippawa Parkway
21. Speed control measures be constructed in the subdivision to the satisfaction of
Transportation Services. Exact locations to be determined at detailed design.
22. That a clear sight triangle through Block 234 (stormwater management pond) be
provided to enable adequate sight lines to/from the intersection of Chippawa
Parkway and Street A, per the September 2024 Traffic Report.
23. That the Owner/Developer design and constructs a 15 m long eastbound left turn
lane with appropriate tapers on Chippawa Parkway at Street C and at Street A.
Municipal Works (Development Engineering)
24. That the Developer provides to the City all necessary design reports and plans for
review and acceptance prior to start of construction.
25. That roadways within the proposed development be designed and constructed in
accordance with City Engineering Design Guidelines.
26. That sidewalks within the proposed development be designed and constructed in
accordance with City Engineering Design Guidelines.
27. That all underground services and stormwater management facilities within the
proposed development be designed and constructed in accordance with Ministry of
the Environment, Conservation, and Parks requirements, City Engineering Design
Guidelines.
28. That the Owner/Developer submits a Functional Servicing Report, signed by a
professional engineer licensed to practice in the province of Ontario, demonstrating
that the existing and proposed watermains and sanitary sewers are sufficient to
service all phases of the development.
29. That the Owner/Developer submit a Stormwater Management Report, signed by a
professional engineer licensed to practice in the province of Ontario, demonstrating
that the proposed storm sewers and stormwater management facilities are sufficient
to service all phases of the development.
30. That Block 234 be dedicated to the City for stormwater management purposes.
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PBD-2025-23
April 8th, 2025
31. That an overland flow route be designed within the proposed road allowances for
major storm events in accordance with Ministry of the Environment, Conservation,
and Parks’ requirements and City Engineering Design Guidelines.
32. That weeping tiles be connected to the storm sewer system via sump pumps and all
roofwater leaders outlet to grade and be directed to front and/or rear yards.
33. That testing of the new watermains be completed in the presence of a Certified
Water Operator using the City’s Watermain Commissioning Checklist.
34. That a geotechnical report, prepared by a qualified professional, is submitted to the
City for review and acceptance prior to start of construction.
35. That lot grading within the proposed development be designed and constructed in
accordance with the City’s Lot Grading & Drainage Policy, as amended, and City
Engineering Design Guidelines.
36. That street lighting within the proposed development be designed and constructed
in accordance with City Engineering Design Guidelines.
37. That the Owner/Developer pays the Street Lighting Inspection Fee in accordance
with the latest version of the City’s Schedule of Fees.
38. That the Owner/Developer pays the required fees for boulevard tree plantings in
accordance with the latest version of the City’s Schedule of Fees.
39. That the Developer convey to the City and/or Public Utilities any land and/or
easements which may be required to service the subdivision.
40. That road allowances be dedicated to the City as public highways.
41. That the Owner/Developer enters into a separate Subdivision Agreement for each
phase and/or stage of construction.
42. That the Owner/Developer pays the Administration Fee and Inspection Fee in
accordance with the latest version of the City’s Schedule of Fees.
43. That the Owner/Developer pays the applicable development charges in place at the
time of agreement execution and Building Permit issuance in accordance with the
latest version of the City’s Development Charges By-law.
44. That the Onwer/Developer’s engineering consultant provides written confirmation
that the works completed conform with the City’s accepted drawings and are in
accordance with Niagara Peninsula Standard Contract Document and City
construction specifications.
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PBD-2025-23
April 8th, 2025
45. That the Owner/Developer submits digital data and contract documentation in
accordance with the latest version of the City’s CAD Standards Manual and the
City’s Schedule of Quantities and Unit Prices template.
Municipal Works (Landscape Services)
46. That the Owner/Developer dedicates Block 230 for parkland in accordance with the
City’s Parkland Dedication By-law.
47. That the Owner/Developer services, grades and seeds the parkland.
48. That the Owner/Developer conveys Blocks 231, 232, 233, and 236 to the City.
49. That the Owner/Developer constructs AODA-compliant, 3.5-metre-wide paved
concrete walkways within Blocks 231, 232 and 233.
50. That the Owner/Developer constructs AODA-compliant, 3-metre-wide trails on the
lands formerly shown as Blocks 10 and 11 on the original Draft Plan of Subdivision,
for the purpose of connecting Phase 2 with the roadway within Phase 1.
51. That 1.5 m boulevard-separated concrete sidewalk be constructed along the
frontages of parkland.
52. That the Owner/Developer constructs a chain-link fence along all City property lines,
excluding lot frontages. Fencing shall be 1.8 m high commercial grade, black vinyl
coated, chain-link fencing with no gates.
53. That the Owner/Developer develop a complete Trail and Walkability Master Plan,
based on City standards, City Trails Master Plan, City Transportation Master Plan,
and other applicable documents/guidelines, that is inclusive of future phases of the
proposed development, with clearly marked paths of travel, for connectivity both
internal and external to the subdivision. A full plan shall be received for pedestrian
travel within the development, with consideration for connectivity that will be required
in the future.
54. That the Owner/Developer shall undertake natural area conservation works in
accordance with the City of Niagara Falls Woodland Management Plan for all
Environmental Protection Area lands/blocks and other natural areas that are
conveyed to the City of Niagara Falls.
55. That the Owner/Developer provide maintenance buffers for natural areas that are
conveyed to the City. Sufficient lands shall be dedicated to allow for a maintenance
buffer between the natural areas and private properties. Maintenance buffers shall
not be located on private lands. The maintenance buffer shall have a minimum width
of 3.0m (10’) and may be coincidental with the ecological buffer.
56. That the Owner/Developer submits Landscape Plans for the parkland and
stormwater management blocks (Blocks 230 and 234), prepared by an Ontario
Landscape Architect, for review and acceptance prior to the start of construction.
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Information Services (GIS)
57. That the Owner/Developer submits street names for the Plan of Subdivision.
Fire Department
58. That the Owner/Developer submits drawings to the Fire Prevention Office that
indicate the location and servicing of all proposed fire hydrants.
59. That the Subdivision Agreement shall include a clause that prohibits the installation
of flower baskets or other landscaping features that obstruct visibility of street and
address signage.
60. The Subdivision Agreement shall include a clause that all streets shall be completed
to a standard that can accommodate a fire truck prior to the issuance of any building
permits.
61. The Subdivision Agreement shall include a clause that all fire hydrants shall be
installed and operational prior to the issuance of any building permits.
Bell Canada
62. That the Owner/Developer acknowledges and agrees to convey any easement(s)
as deemed necessary by Bell Canada to service this new development. The
Owner/Developer further agrees and acknowledges to convey such easements at
no cost to Bell Canada.
63. That the Owner/Developer agrees that should any conflict arise with existing Bell
Canada facilities where a current and valid easement exists within the subject area,
the Owner/Developer shall be responsible for the relocation of any such facilities or
easements at their own cost.
Canada Post
64. That the Owner/Developer shall include in all offers of purchase and sale, a
statement that advises the prospective purchaser that:
a. The home/business mail delivery will be from a designated Centralized Mail
Box; and
b. Owners/Developers are responsible for officially notifying the purchasers of
the exact Centralized Mail Box locations prior to the closing of any home
sales.
65. That the Owner/Developer agrees to:
a. Work with Canada Post to determine and provide temporary suitable
Centralized Mail Box locations which may be utilized by Canada Post until
the curbs, boulevards and sidewalks are in place in the remainder of the
subdivision.
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b. Install a concrete pad in accordance with the requirements of and in locations
to be approved by Canada Post to facilitate the placement of Community Mail
Boxes.
c. Identify the pads above on the engineering servicing drawings. Said pads are
to be poured at the time of the sidewalk and/or curb installation within each
phase of the plan of subdivision.
d. Determine the location of all centralized mail receiving facilities in co-
operation with Canada Post and to indicate the location of the centralized mail
facilities on appropriate maps, information boards and plans. Maps are also
to be prominently displayed in the sales office(s) showing specific Centralized
Mail Facility locations.
66. Canada Post’s multi-unit policy, which requires that the Owner/Developer provide
the centralized mail facility (front loading lockbox assembly or rear-loading mailroom
[mandatory for 100 units or more]), at their own expense, will be in effect for buildings
and complexes with a common lobby, common indoor or sheltered space.
Enbridge Gas Inc.
67. The Owner/Developer contact Enbridge Gas Distribution’s Customer Connections
Department by emailing SalesArea80@enbridge.com for service and meter
installation details and to ensure all gas piping is installed prior to the
commencement of site landscaping (including, but not limited to: tree planting, silva
cells, and/or soil trenches) and/or asphalt paving.
NOTE: If a gas main needs to be relocated as a result of changes in the alignment
or grade of the future road allowances or for temporary gas pipe installations
pertaining to phase construction, all costs are the responsibility of the
Owner/Developer.
68. That the Owner/Developer grade all streets to final elevation prior to installation of
the gas lines and provide Enbridge Gas Distribution Inc. with the necessary field
survey information required for installation of gas lines.
69. The Owner/Developer provide Enbridge Gas Distribution with the necessary
easements in the event they are required to service the development.
District School Board of Niagara (DSBN)
70. That the Owner/Developer constructs sidewalks within the Plan of Subdivision to
facilitate student travel to the school/bus stop locations.
Ontario Power Generation (OPG)
71. That stormwater management and grading plans be circulated to OPG for review
and approval, as necessary. Any drainage crossing OPG lands adjacent to Welland
River will require review, approval and a registered easement with OPG.
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Canadian Pacific (CP) Railway
72. That the Owner/Developer meet all standard requirements of CP Rail with respect
to development of land in proximity to an industrial spur line, including the following;
a. Insertion of a clause in all offers of purchase and sale or lease and in the title
deed or lease of each dwelling within 300 metres of the railway right-of- way,
warning prospective purchasers or tenants of the existence of the Railway’s
operating right-of-way; the possibility of alterations including the possibility
that the Railway may expand its operations, which expansion may affect the
living environment of the residents notwithstanding the inclusion of noise and
vibration attenuating measures in the design of the subdivision and individual
units, and that the Railway will not be responsible for complaints or claims
arising from the use of its facilities and/or operations.
b. That any proposed alterations to the existing drainage pattern affecting the
railway property be substantiated by a drainage report and be approved by
CP Rail prior to grading.
c. Construction of a 1.83 m high chain link fence along the common property
line of the Railway and the subdivision lands at the Owner/Developer’s
expense. Maintenance of this fence is to be secured by a covenant on the
title of the lands and future deeds, obliging future purchasers to maintain the
fence in a satisfactory condition at their expense.
d. Any proposed utilities under or over railway property to serve the
development must be approved prior to their installation and be covered by
the railway’s standard agreement.
Niagara Peninsula Conservation Authority (NPCA)
73. That the Draft Plan of Subdivision be revised to ensure all Provincially Significant
Wetland (PSW) buffers are a minimum of 15 metres or larger as may be determined
through the finalized Feature Based Water Balance (FBWB) and LID measures
detailed design, to the satisfaction of the NPCA.
74. The PSWs and their associated buffers be zoned Environmental Protection Area
(EPA) or another similar zone category that achieves the same level of protection,
to the satisfaction of the NPCA.
75. The Onwer/Developer submit to the NPCA for review and approval a final FBWB as
described in the Infrastructure Requirements Report (prepared by Wood, dated
August 23, 2019) and Environmental Impact Study Addendum (prepared by
Savanta, dated December, 2019) to the satisfaction of the NPCA. The
Owner/Developer acknowledges that if the detailed information is not sufficient to
support the proposed subdivision design, then the Draft Plan of Subdivision will need
to be revised.
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76. The Owner/Developer submit to the NPCA for review and approval, detailed design
of all LID measures and an Environmental Impact Study (EIS) Addendum of the final
LID measures design. The Owner/Developer acknowledges that if the detailed
information is not sufficient to support the proposed subdivision design, then the
Draft Plan of Subdivision will need to be revised.
77. The Owner/Developer submit to the NPCA for review and approval a final Ecological
Restoration Plan detailing the final planting layout and phasing strategy for the
buckthorn removal, to the satisfaction of the NPCA.
78. The Owner/Developer submit to the NPCA for review and approval, detailed grading
and construction sediment and erosion control plans.
79. The Owner/Developer submit to the NPCA for review and approval a detailed trail
design along with a supporting EIS Addendum for any proposed recreation trails
within the PSWs, their buffers and any other area regulated for review and approval.
80. The Owner/Developer provides 1.5-metre-high contiguous chain link fencing without
gates at the interface of any residential zoned lands abutting an EPA zone (including
around parks, stormwater management blocks and streets that abut an EPA zone
to the satisfaction of the NPCA.
81. The Owner/Developer obtain Work Permits from the NPCA prior to beginning any
work related to installation of any LID facilities, recreation trails, buffer plantings,
watercourse crossings, watercourse alterations, swm outfalls, or any other works
within an area regulated by Ontario Regulation 41/24 or its successor.
82. The outstanding violation under Section 28 of the Conservation Authorities Act be
resolved to the satisfaction of the NPCA.
83. That conditions 73 to 82 above be incorporated into the Subdivision Agreement
between the Owner/Developer and the City, to the satisfaction of the NPCA. The
City shall circulate the agreement to the NPCA for its review and approval.
Regional Municipality of Niagara
84. The Owner/Developer receives acknowledgement letters from the Ministry of
Tourism, Culture and Sport confirming that all archaeological resource concerns
have satisfied licensing and resource conservation requirements. A copy of all
acknowledgement letters and archaeological assessments shall be submitted to the
Niagara Region Planning and Development Services Department. No demolition,
grading or other soil disturbances shall take place on the property prior to the
issuance of the Provincial acknowledgement letters.
85. The following clause be included in the Subdivision Agreement:
“Should deeply buried archaeological remains/resources be found during
construction activities, all activities impacting archaeological resources must cease
immediately, and the proponent must notify the Archaeology Programs Unit of the
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Ministry of Citizenship and Multiculturalism (416-212-8886) and contact a licensed
archaeologist to carry out an archaeological assessment in accordance with the
Ontario Heritage Act and the Standards and Guidelines for Consultant
Archaeologists.
In the event that human remains are encountered during construction, all activities
must cease immediately and the local police as well as the Cemeteries Regulation
Unit of the Ministry of Public and Business Services Delivery (416- 326-8800) must
be contacted. In situations where human remains are associated with archaeological
resources, the Ministry of Citizenship and Multiculturalism should also be notified to
ensure that the site is not subject to unlicensed alterations which would be a
contravention of the Ontario Heritage Act”
86. The Owner/Developer submit a Phase 2 Environmental Assessment (ESA)
prepared in accordance with O. Reg. 153/4 as amended (if filing of a Record of Site
Condition (RCS) is required) or CSA Z768 format, describing the current conditions
of the development lands, to the satisfaction of Niagara Region. If contamination is
found, any necessary remediation and/or risk assessment work, or RSC if required
by the Environmental Protection Act and its regulations, shall be completed and
submitted to the Region, with a certification from a Qualified Professional (QP) that
the development lands meet the applicable standard(s) of the intended land uses.
A reliance letter form a QP shall be submitted to the Niagara Region, to indicate that,
despite any limitations or qualifications included in the above submitted
reports/documents, the Region is authorized to relay on all information and opinions
provided in the reports submitted, in order to clear this condition of approval.
87. That the Subdivision Agreement contain provisions whereby the Owner/Developer
agrees to update the Air Quality, Noise and Vibration Assessment prior to lot creation
within the Blocks. The assessment shall review detailed lot arrangements and
recommend any mitigation measures including along the rail line and adjacent to the
proposed pumping station.
88. That the Subdivision Agreement includes a clause requiring the Owner/Developer
to implement the recommendations of the Air Quality, Noise and Vibration
Assessment, prepared by RWDI (dated October 10, 2024), including the installation
of noise barriers, upgraded windows, mandatory air conditioning, and the inclusion
of warning clauses into all development agreements, and Offer and Agreements of
Purchase and Sale or Lease.
89. That the Owner/Developer agrees to implement the following vibration mitigation
measures for dwellings on the northwest side of Street D (Lot 39 and 40, and Blocks
219- 222), and Lots 58-63 at the end of Street A and is also included in the
Subdivision Agreement:
• Minor reductions in vibration levels (approx. 30%) can be achieved
through lining of the outside of the foundation walls with a resilient
layer, as a minimum. The lining must be quite soft but able to withstand
the lateral soil pressures present on the foundation wall. This lining
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should be installed on the foundation areas facing the rail line and 90
degrees to the rail line.
• In addition to the resilient layer, large diameter gravel backfill covered
with filter fabric to prevent topsoil infiltration can also be used adjacent
to the closest foundations to provide a break in the soil, and further
reducing vibration levels.
90. That the Owner/Developer submits a Grading Plan, stamped by a qualified
acoustical consultant illustrating the required 3.7 m noise barrier and 1.87 m high
chain link fence as a berm, barrier, or berm-barrier, as illustrated in Figure 8 of the
Air Quality, Noise and Vibration Assessment, prepared by RWDI (dated October 10,
2024).
91. That the Owner/Developer submits verification from a qualified acoustical consultant
that the noise and vibration control measures have been properly incorporated into
architectural and mechanical drawings and specifications for the proposed
dwellings, or that a similar clause is included in the Subdivision Agreement.
92. That the Subdivision Agreement includes a clause requiring verification from a
qualified acoustical consultant that the noise and vibration control measures have
been properly installed during construction, prior to assumption.
93. That the Owner/Developer agrees to include the following warning clauses in all
Agreement of Purchase and Sale or Lease or Occupancy for the relevant units, as
outlined in the Air Quality, Noise and Vibration Assessment, prepared by RWDI
(dated October 10, 2024), and that they also be included in the subdivision
agreement:
• All Units within 300 m of the Railway Line
o “Warning: Canadian Pacific Railway Company (CPR) or its assigns or
successors in interest has or have a right-of-way within 300 metres
from the land the subject hereof. There may be alterations to or
expansion of the rail facilities on such right-of-way in the future
including the possibility that the railway or its assigns or successors as
aforesaid may expand its operations, which expansion may affect the
living environment of the residents in the vicinity, notwithstanding the
inclusion of any noise and vibration attenuating measures in the design
of the development and individual dwelling(s). CPR will not be
responsible for any complaints or claims arising from use of such
facilities and/or operations on, over or under the aforesaid right-of-
way.”
• Outdoor living areas of the 1st row of dwellings adjacent to the rail line (Lots
39, 40, 59-63, Blocks 219-222)
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o “Purchasers/tenants are advised that despite the inclusion of noise
control features in the development and within the building units,
sound levels due to increasing road traffic (rail traffic) (air traffic) may
on occasions interfere with some activities of the dwelling occupants
as the sound levels exceed the sound level limits of the [Municipality
and the] Ministry of the Environment, Conservation and Parks.”
o "This dwelling unit has been supplied with a central air conditioning
system which will allow windows and exterior doors to remain closed,
thereby ensuring that the indoor sound levels are within the sound
level limits of the Municipality and the Ministry of the Environment.
94. That the Owner/Developer provides a detailed sanitary sewer report which shall
include an overall servicing strategy for the development areas, detailed plan and
profile drawings and required Regional costs analysis information, to ensure that all
development in the area can be serviced by gravity to the trunk sewer or by gravity
to the single proposed pumping station and this servicing study shall be reviewed
and approved by Regional Staff prior to design of the future Regional Pumping
station.
95. That the Owner/Developer comply with the Regional Design standards for a
pumping station and forcemain, engage Regional staff and qualified consultant in
the design works and receive Regional review and approval prior to submitting
Environmental Compliance Certificates to the Ministry of Environment, Conservation
and Parks (MECP) for approval.
96. The Subdivision Agreement between the Owner/Developer and the City include a
clause whereby the Owner/Developer agrees to identify the pumping station block
at the detailed design stage (i.e. condominium and/or site plan stage). The final
servicing drawings will not be approved until this location is confirmed and a block
is created. The block must meet the Region’s design standards as the Region will
own the land and station.
97. The Owner/Developer transfers the pumping station block to the Region once the
size of the property has been approved and reviewed by Regional staff. The
minimum block required will be 40m X 40m, and a dedicated block for the pumping
station shall be registered prior to development occurring.
98. That assumption of the pumping station and forcemain by the Region will not occur
until all the Regional conditions and policy conditions are completed as well as the
subdivision has reached 50% of the build-out and Regional staff has reviewed and
approved the information provided.
99. The Owner/Developer submits a completed MECP Transfer of Review application
with detailed drawings and calculations to Niagara Region for review and approval
of the proposed sanitary and storm sewer piping systems for the development and
receive the appropriate MECP Environmental Compliance Approvals (ECA). If a
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direct submission is completed for all services the Niagara Region will require a copy
of the application letter and ECA.
100. The Owner/Developer provides a written acknowledgement to Niagara Region
stating that draft approval of this subdivision does not include a commitment of
servicing allocation by |Niagara Region as servicing allocation will not be assigned
until the plan is registered and that any pre-servicing will be at the sole risk and
responsibility of the Owner/Developer.
101. The Owner/Developer submits a written undertaking to Niagara Region agreeing
that all offers and agreements of purchase and sale, which may be negotiated prior
to registration of this subdivision, shall contain a clause indicating that a servicing
allocation for this subdivision will not be assigned until the plan is registered, and a
similar clause be inserted in the Subdivision Agreement.
102. That verification of available wet weather sanitary capacity in the South Niagara Falls
required to accommodate development, be submitted for review and approval by
Niagara Region and the City. Based on the information submitted, the Region/City
may be requiring flow monitoring conditions be included in the agreement to verify
that the estimated wet weather flows are being met in the field after construction of
the sanitary sewers and before assumption by the City. If the verification is
unsuccessful, mitigation measures may be required.
103. That the Owner/Developer provides a functional design drawing for the potential
signalization of the Chippawa Parkway and Stanley Avenue intersection for review
and approval by Niagara Region.
104. That the Owner/Developer completes the required traffic monitoring to determine
any future improvements at the Chippawa Parkway and Stanley Avenue intersection
as discussed in the Traffic Impact Study prepared for this development and in
accordance with the Region’s Traffic Monitoring Protocol.
105. That the Owner/Developer enters into a legal agreement with Niagara Region for
the required road improvements/signalization at the Chippawa Parkway and Stanley
Avenue intersection if determined through the traffic monitoring.
106. That the Owner/Developer agrees that in order to receive Regional waste collection
services the draft plan shall satisfy the Regional Municipality of |Niagara Policy
regarding Requirement for Commencement of Collection for New and
Redevelopments.
NOTE: for any development phasing, the Owner/Developer shall create appropriate
temporary waste collection turnaround(s), per the Niagara Region Corporate Waste
Collection Policies, at the end of each dead end street(s) during any development
phasing that will permit Regional waste collection or confirm that waste collection
will be the Owner/Developer’s responsibility
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107. In order to be eligible for Regional curbside waste collection services, the owner will
be required to provide a temporary turnaround/cul-de-sac with a minimum curb
radius of 12.8 metres for all dead-end streets.
108. That the following warning clause shall be included in the Subdivision Agreement
and inserted in all Agreements of Purchase and Sale or Lease for each dwelling to
survive closing for Block 229:
“Purchasers/Tenants are advised that garbage/recycling pick-up for the
development will be provided by a private contractor and not the Region.”
109. That prior to final approval an updated Functional Servicing Report be submitted to
address Regional servicing comments.
110. Prior to approval of the final plan or any on-site grading, the Owner/Developer shall
submit a detailed Stormwater Management Plan for the subdivision and the following
plans designed and sealed by a qualified professional engineer in accordance with
the Ministry of the Environment, Conservation and Parks (MECP) documents
entitled Stormwater Management Planning and Design Manual, March 2003 and
Stormwater Quality Guidelines for New Development, May 1991, or successors to
the Niagara Region Planning and Development Services Department for review and
approval;
(a) Detailed lot grading, servicing and drainage plans, noting both existing and
proposed grades and the means whereby overland flows will be
accommodated across the site;
(b) Detailed erosion and sedimentation control plans;
(c) Detailed phasing of development of residential lands (internal and external to
the subdivision) planned to be serviced by the stormwater management
facility; and
(d) Prior to final approval for registration of this plan of subdivision, the developer
shall submit the design drawings (with calculations) for the stormwater
management facilities and obtain the necessary MECP Environmental
Compliance Approval (ECA).
111. The Subdivision Agreement contain provisions whereby the Owner/Developer
agrees to implement the approved plan(s) required in accordance with Condition No.
110.
112. That a Site Phasing Plan be submitted to Niagara Region for review and approval.
The Plan should include the recommendations outlined in the Ecological Summary
Letter (prepared by GEI Consultants, dated July 29, 2024), including but not limited
to, phasing of site vegetation clearing; phasing of site alteration; phasing of invasive
species treatments; phasing of vegetation removals and major earthworks; and
phasing of site clearing to minimize potential negative impacts on wildlife use
throughout the site.
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113. That a NHS Restoration Plan be prepared to the satisfaction of the Niagara Region.
The Plan should incorporate dense plantings of native trees and shrubs that
complement the adjacent vegetation communities. The removal of invasive species
should also be incorporated, as appropriate. The Plan should be completed by a full
member of the Ontario Association of Landscape Architects (OALA). Acorn
collection shall be addressed in the Plan. Staff request that the Plan also consider
the appropriateness of installing permanent wildlife exclusion fencing to contain
wildlife movement to the natural heritage features and restrict access to adjacent
rear yards. The location and design details associated with this fencing should be
included, if deemed appropriate.
114. That a Grading Plan be provided to the satisfaction of Niagara Region demonstrating
that no grading within the natural heritage features and/or their buffers will occur.
The Grading Plan shall designate specific locations for stockpiling of soils and other
materials which will at a minimum be outside of the natural heritage features and
their buffers.
115. That a Photometric Plan be provided to the satisfaction of the Niagara Region that
illustrates all proposed street lighting be downward facing and shielded to prevent
light spillage into the surrounding natural area. The Plan should be Dark Sky
Association (IDA) compliant.
116. That permanent rear-lot fencing be provided adjacent to the natural heritage features
to the satisfaction of the Niagara Region.
117. That the Owner/Developer prepares an information package for new homeowners
outlining the importance of the adjacent natural heritage features and steps they can
take to protect the natural environment. This information package is to be reviewed
and approved by the Niagara Region. The package should be provided as an
appendix to all offers of purchase and sale for properties within the subdivision
development.
118. That a Municipal Street Tree Plan be provided to the satisfaction of the Niagara
Region which confirms that all street tree planted on the subject lands are restricted
to native species to the extent practicable. Any deviations shall be accompanied by
robust justification.
119. That a revised Ecological Restoration Plan be submitted to Niagara Region for
review and approval, including but not limited to the following additional information:
(a) Identification of an appropriate ratio for tree compensation that considers the
existing form, function and quality of both the woodland proposed for removal
and that of the woodland created over the long-term;
(b) Survey details regarding the precise location of locally rare plant species (e.g.
Creeping Spike-rush and Finely –nerved Sedge) within portions of the FOD8-
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1 community to be transplanted into other suitable habitat prior to limited
woodland removals;
(c) Details to ensure the rare plant species discussed in the Conceptual
Ecological Restoration Plan Section 5.0 (e.g. Great Plains Ladies Tresses,
Creeping Spike-rush and Finely-nerved Sedge) are not eradicated from the
site if there is limited or no transplant success;
(d) Incorporation of open shrub land areas in order to provide shrub/early
successional breeding bird habitat; and
(e) Identification of the final approved PSW buffer widths, including dimensions.
120. That the Subdivision Agreement contain wording wherein the Owner/Developer
agrees to implement the approved Restoration Plans prepared by Colville
Consulting Inc. (dated May 15th, 2024, February 15th, 2019), Ecological Monitoring
Plan (prepared by GEI Consultants, dated July 2021); and Tree Preservation Plan
(prepared by Colville Consulting Inc., dated August 2021 and updated document
dated March 28th, 2024).
121. That additional areas for restorative woodland plantings on other lands owned by
the applicant outside the Provincially Significant Wetland (PSW) buffers be identified
and that the Subdivision Agreement or Resource Management Agreement between
the Owner/Developer and the City contain provisions whereby the Owner/Developer
agrees to implement the restorative woodland plantings to the satisfaction of Niagara
Region.
122. The Owner/Developer provides securities to Niagara Region in the form of a Letter
of Credit in the amount of the estimated costs as approved by the Region for the
restorative woodland plantings required in accordance with the above conditions and
that the Subdivision Agreement between the Owner/Developer and the City include
provisions whereby the Owner/Developer agrees that the Region may draw on the
Letter of Credit, if required, to ensure completion of the restorative woodland
plantings.
123. That a Tree Saving Plan completed by a Certified Arborist or Registered
Professional Forester be submitted to Niagara Region for review and approval in
accordance with the Region of Niagara Tree and Forest Conservation By-law (By-
law 30-2008, Section1.36).
124. The Owner/Developer obtain all necessary approvals from the MECP relating to
Species at Risk (SAR) on the subject lands and provide Regional staff with a copy
of MECP’s approval. If required by the MECP, the Owner/Developer shall revise the
layout of the subdivision and/or obtain an Overall Benefit Permit in order to conform
with the requirements of the Endangered Species Act.
125. That a Trails Plan be submitted to Niagara Region for review and approval. Any
proposed trails must be sited and designed to minimize potential negative impacts,
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including but not limited to the considerations listed in the EIS Addendum Sections
4.1 and 11.2.
126. That an Ecological Monitoring Plan be prepared to the satisfaction of Niagara
Region. At a minimum the plan should monitor the success of the restorative
plantings and invasive species removals required for Phase 2 Lands. The Report
should be submitted to Regional Growth Management and Planning, with attention
to Environmental Planning, devtplanningapplications@niagararegion.ca by
September 1st of years 1 through 5. The Report should also include photographs
and advise actions necessary to address any deficiencies.
NOTE: The monitoring should take place upon the initiation of any development
and/or site alteration and continue up to and including 5 years from full build out.
127. That an updated Infrastructure Requirements Plan and Environmental Impact Study
Addendum be submitted to Niagara Region for review and approval, which shall
address matters outlined in the Ecological Summary Letter (prepared by GEI
Consultants, dated July 29, 2024) including but not limited to:
a) Detailed monthly feature-based water balance assessment for each PSW to
fully evaluate potential changes in water balance, identify mitigation
requirements (including overall site-wide infiltration targets), and complete a
fulsome assessment of potential impacts on wetlands (if any). The detailed
assessment must demonstrate that the wetland buffer widths of 15 to 20 m
as proposed are adequate to protect the hydrologic function of the adjacent
PSW while also accommodating any combination of appropriate Low Impact
Development (LID) measures required to maintain balance, including any
associated maintenance/access requirements outside of restoration areas
within the buffer. If after detailed assessment, increased buffer widths are
required to ensure no more than a minimal difference from pre- to post-
construction as outlined in the preliminary Wood (2019) report, or to ensure
that LID measures comprise no more than 2% of the total buffer area,
revisions to the Draft Plan of Subdivision will be required, including updates
to all other associated studies and reports, as applicable;
b) Recommendations for opportunities to reduce the use of road salt and
associated water quality impacts on receiving wetlands.
c) Impacts to Fish Habitat;
d) Incorporation of any relevant recommendations outlined in the previous
environmental work; and
e) Re-evaluation of the Ecological Land Classification (ELC) of the two open
aquatic ponds as well as turtle emergence surveys.
128. That the detailed Stormwater Management Plan required in accordance with the
condition above include, but not be limited to, further details regarding the possibility
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of a “third pipe dedicated system to capture runoff from the central wetland and
convey it to the Eastern Watercourse (WC2), or catch basins along the central
wetland connected to the storm sewer system with lateral outlets from the storm
sewers adjacent to the Eastern Watercourse in order to maintain the supply of water”
(Wood (2019), pgs. ix, 2).
129. That a Phasing Plan be submitted to the Niagara Region for review and approval,
which will address matters including but not limited to the considerations listed in the
EIS Addendum s.8.2 It is excepted that the results and recommendations of the
Ecological Restoration Plan, Detailed Monitoring Plan, Infrastructure Requirements
Plan and SWM Plan will be incorporated into the Phasing Plan, as applicable.
130. That an Erosion and Sediment Control (ESC) Plan be submitted to Niagara Region
for review and approval. The ESC Plan shall include details for, but not be limited
to, ESC fencing and other ESC measures, dust suppression and topsoil storage.
ESC measures must be monitored regularly to ensure they are functioning properly
and promptly fixed if issues are identified.
131. That the Subdivision Agreement contains wording wherein the Owner/Developer
agrees to implement the mitigation measures and recommendations outlined in the
Riverfront Residential Environmental Impact Study (EIS) and EIS Addendums
prepared by Savanta dated September 2017, March 2018, January 2019,
September 2019 and December 2019, including but not limited to those summarized
in Tables 8, 9, 11 and 12 of the December 2019 EIS Addendum.
132. The Subdivision Agreement contain wording wherein the Owner/Developer agrees
to implement the recommendations of the approved Site Phasing Plan, Trails Plan,
NHS Restoration Plan, ESC Plan, Grading Plan, Photometric Plan, Municipal Street
Plan and Ecological Monitoring Plan.
REGIONAL NOTES:
• Prior to granting final approval, the City of Niagara Falls must be in receipt of written
confirmation that the requirements of each condition have been met satisfactorily
and that all fees have been paid to the satisfaction of Niagara Region.
• Prior to final approval for registration, a copy of the executed Subdivision Agreement
for the proposed development should be submitted to Niagara Region for verification
that the appropriate clauses have been included. Niagara Region recommends that
a copy of the draft Subdivision Agreement be provided in order to allow for the
incorporation of any necessary revisions prior to execution.
• Clearance requests shall be submitted to the Region in accordance with the
Memorandum of Understanding, which stipulates that requests for formal clearance
of conditions are to be received and circulated to the Region by the local
municipality. The local municipality is also responsible for circulating a copy of the
draft agreement, and the Region is unable to provide a final clearance letter until the
draft agreement is received. The Region is committed to reviewing submissions
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PBD-2025-23
April 8th, 2025
related to individual conditions prior to receiving the formal request for clearance. In
this regard, studies and reports can be sent directly to the Region with a copy
provided to the local municipality
Clearance of Conditions
Prior to granting approval to the final Plan of Subdivision, the Planning, Building &
Development Department requires written notice from applicable City Divisions and the
following agencies indicating that their applicable fees have been paid and their respective
conditions have been satisfied:
• Legal Services for Conditions No. 2 and 3
• Planning and Development for Conditions No. 4 to 12 (inclusive)
• Municipal Works (Transportation Services) for Conditions No. 13 to 23 (inclusive)
• Municipal Works (Development Engineering) for Conditions No. 24 to 45 (inclusive)
• Municipal Works (Landscape Services) for Conditions No. 46 to 56 (inclusive)
• Information Services (GIS) for Condition No. 57
• Fire Department for Conditions No. 58 to 61 (inclusive)
• Bell Canada for Conditions No. 62 and 63
• Canada Post for Conditions No. 64 to 66 (inclusive)
• Enbridge Gas Inc. for Conditions No. 67 to 69 (inclusive)
• District School Borad of Niagara for Condition No. 70
• Ontario Power Generation for Condition No. 71
• Canadian Pacific Railway for Condition No. 72
• Niagara Peninsula Conservation Authority for Conditions No. 73 to 83 (inclusive)
• Regional Municipality of Niagara for Conditions No. 84 to 132 (inclusive)
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March 25, 2025 UCC File No. 2209
City of Niagara Falls
1310 Queen Street Niagara Falls, ON L2E 6X5
Attn: Mackenzie Ceci, M.Sc Pl, MCIP, RPP, Senior Planner (Current Development)
Re: Combined Official Plan and Zoning By-law Amendment and redline Draft Plan of Subdivision
Application
Riverfront Phase 2
Public Comment Response
In response to the comments received for the Official Plan Amendment, Zoning by-law Amendment and
Redline Revision Draft Plan of Subdivision submission for Riverfront Phase 2, please see our responses
below.
Thank you. Recently I was Dorchester Road. With the help of workers there, I discovered that the area of
the Threatened Dense Blazing Star, is dangerously close to excavations being buried by excavations for
needed sewers for the Riverfront development. The boundaries of the actual Riverfront development
were designed to exclude this rare wildflower, which is of great benefit to pollinating insects. It is located immediately to the west of the perimeter of the development, east of Dorchester Road, quite close to a
Johnny on the spot, temporary parking lot and large pile of earth. It would be important to protect the
Threatened species that the area be protected from intrusions through a marking akin to a snow fence.
The Dense Blazing Star is being actively monitored and managed by GEI Consultants. This species is not within the lands subject to the current applications.
1. Official Plan Map Phase Two Provides Details as to Key modification in Proposed Riverfront Community
To understand the essence of the proposed Riverfront modifications it appears the core is to be
seen in the map, “Riverfront Community-Phase 2, Schedule “A” To Official Plan Amendment No. “.
The unnumbered official plan Amendment identifies major changes in the “Open Space”
designations in Riverfront. These lands are labelled as Part Three. The amendment also proposes
that lands currently designated as “Residential” be changed to “Open Space.” These lands are called Part Two.
The proposed land use reconfiguration alters the locations of the open space designations of two
park locations and a stormwater management facility to a new location into a consolidated park
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location and provides for a new stormwater management facility location. The former areas that
were identified as open space were and are considered developable areas and have no been
replaced with residential uses based on the adjusted locations. No change to the environmental lands has been proposed.
2. The Subject Lands Are Important as a Treasure House of Biodiversity
The swapping of Part 2 and Part 3 lands are of limited value for biodiversity protection, which since
2008 has been my critical reason for protecting what has become popularly known as the Thundering
Waters land. These lands approximately 500 acres in extent have great biodiversity and encompass a variety of significant ecosystems. They are a refuge for threatened amphibians, forest interior birds,
breeding habitat for birds of early successional environments, and plant species characteristic of rare prairies and savannahs. The lands are at the heart of a larger core natural area, encompassing George
Bukator Park, wooded lands owned by Ontario Power Generation, and adjacent protected wetlands
that form the Niagara Falls Slough Forest and Welland River, provincially significant wetland complexes.
These comments are acknowledged, as indicated above, the adjustment of these areas does not
impact the core natural heritage system and the associated identified environmental areas.
3. Subject Lands Have Long Been Recognized as Biodiversity Treasures in Land Use Planning Studies
and Policies.
The ecological complex’s significance was first identified in the Preliminary Proposals for the Niagara
Escarpment Plan in 1976. This was unfortunately not implemented because of the subsequent
change in the boundaries of the plan area. It was identified in 1980 as a Candidate Environmental
Significant Area for the Niagara Regional Official Plan and termed the Ramsey Road Woodlot. The intent of the 1980 study popularly known as the Brady report was in 2008 reflected in the new
Environmental Protection policies of the Niagara Regional Plan, which designated most of the area
as an Environmental Protection Area, EPA. Most of the Ramsey Road woodlot eventually became a
protected wetland.
These comments are generalized statement about the area and are acknowledged.
4. To Enhance Protection of Subject Lands More Areas Need to Be Given Environmental Protection
Area (EPA) Designation.
Any review of land use planning designations within the Ramsey Road woodlot area should be to
increase the area in Environmental Protection Area, EPA, designation. Increasing acreage in EPA designations is not being proposed through the unnumbered zoning and official plan designations.
Enhanced biodiversity protection is not achieved by the proposed swapping of the Part Three and
Part Two lands. No increase in EPA designations is proposed in the unnumbered amendments.
The previously identified EPA areas are not subject to change in this application.
It is correct that Open Space designations do have a reduced environmental impact in comparison to
residential ones. The most obvious one is a reduction in the volume of storm water runoff through
such designations. Such designations reduce the amount of air pollution generated in a designated
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area also. This does not mean, however, that in the long term, for example twenty years, that open
space designations will prevent species loss.
Open Space designations generally intend to encourage a place for recreational clubs to be
established. These primarily are golf courses and sports fields. While agriculture is always a permitted use in Open Space designations, this is not what they seek to encourage.
Environmental Protection (EPA) designations are always more restrictive than Open Space ones.
While recreational trails are permitted in EPA lands, golf courses and playing fields are not. Golf
courses and other intense recreational areas generally use pesticides on a heavy scale, which harmfully impact wildlife. Open Space designations also encourage the removal of natural vegetation
for human athletic activities. They are more temporary than EPA designations and are changed without public debate: frequently to permit residential development as shown by the now closed
Thundering Waters Golf Course.
One of the reasons for the new Open Space zoning in the southern area of Riverfront appears to be
sewage infrastructure such as an adjacent sewage pumping station. My understanding is that such uses can be accommodated within the EPA designations, as my experience with the Warren Woods
subdivision, which resulted in an OMB hearing titled Bacher versus Niagara Falls, illustrates.
Agricultural designation tends to have a better impact on Biodiversity than Open Space uses. In the
area of the Ramsey Road woodlot, a key biological indicator species, is the federally threatened Western Chorus Frog. This species does make use of ditches in agricultural areas, especially when
they connect to woodlands. The species is not favored in golf courses. Another species of indicator,
the Snapping Turtle, while surviving in golf course ponds, prefer habitats with slow-moving water,
soft mud and dense aquatic vegetation.
It would not be feasible to designate any portion of the lands as Agricultural, as the lands are in
the urban area, they are not eligible for agricultural uses. Agricultural uses are not permitted on
the subject lands or within the Open Space designation. While an agricultural designation will not
be considered, it should be noted that agricultural activities can be detrimental to wildlife in several
ways including habitat loss, pesticide and herbicide use, soil degradation and erosion, water pollution, introduction of invasive species, and disruption of natural behaviours.
The designated EPA lands are to remain, and as requested by City staff, a trail network will traverse
through the buffer areas. The Open Space lands include the stormwater management facility and
the parkland which will both be dedicated to the City, and these uses are to remain, as it is the Owner’s intention to construct the proposed site as soon as possible.
5. Proposed Eliminated Part Three Designation Serves Useful Planning Purpose
The upzoning involved in the proposed removal of the Part Three Open Space designation has a
negative environmental impact. The Part Three lands in their current designations, provided on the
east and west side, buffering for a wetland which in the Environmental Impact Study (EIS) for Riverfront, was identified as Wetland 5. I have on many times in the summer months, heard calls
from the Green Frog in this location. More significantly the Riverfront EIS found that Wetland 5
provides breeding habitat for the Regionally Rare, Blue-Spotted Salamander.
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It is obvious that the replacement of Open Space designation by a Residential One would harm the
amphibians which currently live in Wetland 5. There would inevitably be a higher road density in this
area which would increase mortality to amphibians who, during parts of their life cycles, go beyond
the confines of Wetland 5. The change would also imperil amphibians that move from Wetland 5 to
the largest part of Niagara Falls Slough Forest, which has old growth characteristics. What is now called Part Three was promised by a land use planner from the then property owner, GR Canada, at
a public information session as a park. This area appears to be larger than the only 2.176 acres now
proposed by the current owner, Centennial Construction. One of the worst aspects of the change
from the existing Riverfront Plan to that now being proposed is a reduction in the amount of parkland
dedication facilitated by the zoning changes proposed for what is termed Area 3.
The subject lands are not being upzoned, as the lands uses are remaining, though they are reconfigured within the site. The Wetland and its associated buffer will be bound by a chain-link
fence as required by the Niagara Peninsula Conservation Authority, in order to ensure no
encroachment or disruption of the Environmental Protection Lands. Centennial Homes has proposed a 1.955-hectare park, which is 4.83 acres, that is now proposed to be adjacent to the
western Wetland to provide additional protection for this area and to provide a central park for all phases within the Riverfront Community to utilize. This is not a decrease in parkland.
In order to assist with decreasing the mortality rate for amphibians, five (5) eco-passages have been constructed under Chippawa Parkway, allowing for the safe movement of these species,
among others.
6. Proposed Part 2 Lands Near Wetland 6 Should Be Designated as EPA area
A component of the Niagara Falls Slough Forest was identified in the Riverfront EIS as Wetland
Number 6. The Part 2 lands which are proposed to be changed from Residential to Open Space here in effect, a beneficial buffer for this wetland area, which would if enacted, reduce harm to amphibians
moving beyond the limits of Wetland 6.
The buffer proposed through Open Space zoning for Wetland 6, is comparable to what the same
unnumbered official plan amendment proposed to eliminate for Wetland 5. Such logic does not make
sense. Both wetlands and the species that live in them are worthy of comparable protection, which
should be enhanced to EPA designation.
The background papers prepared for the Public Information Meeting indicate that the illegal tree
cutting led the Niagara Peninsula Conservation Authority (NPCA) to issue a Notice of Violation in the
vicinity of the Part 2 area adjacent to Wetland 6. This is a further reason why the area to facilitate
the recovery of the wetland should be designated as EPA.
It is indicated in the background material that the illegal cutting was an accident. Based on the Public
Information Meeting, this was an accident that could have been avoided had reasonable precautions
been undertaken. The cutting went on for three days. During this time the ecological consultants for
the then owner, GR Canada were not on site, whose guidance could have prevented the damage which resulted in the Notice of Violation.
As you note, this violation occurred under previous Ownership. Nonetheless, the current Owner has
an executed Restoration Agreement with the Niagara Conservation Authority that includes a letter
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of credit, to ensure restoration and enhancement of previously damaged areas. The Open Space
location change contemplated for the proposed development not only took the EPA lands into
consideration, but the future residents in the area. In order to provide a central park, and logical development plan, the parkland was moved to the western portion of the site. These lands will be
dedicated to the City for parkland purposes, and therefore cannot be designated as EPA, as they are not considered as such.
7. Part Two Lands in Southern Riverfront Should Be Designated EPA.
Background studies for the official plan and zoning amendments indicate that it was previously not understood how streams flowed underground through pipes to flow into the wetland area around
the unnamed stream that flows into the Welland River.
The recently released background studies simply confirm the significance of the areas proposed to
be changed from Residential to Open Space. The piped flow into the wetland along which appears to be the former Warren Creek before it was cut by Ontario Hydro after the First World War, provides
a yearlong ponding which provides valuable specialized habitats. Unlike the vernal pools which favor the Chorus Frog, these provide habitat for the declining Bullfrog and two species at risk, the Snapping
Turtle and the Midland Painted Turtle.
The ecological significance of Part Two lands near the Chippawa Parkway shows why the more recent
research conducted by Centennial Construction clearly shows why these lands need full EPA protection. They are critical for yearlong ponds which provide habitat for the declining Bullfrog and
At-Risk Turtles.
While the stormwater management facility will provide habitat for some species, it must be
acknowledged that habitat is not the purpose of the facility. It is standard practice to have the stormwater management facility in the Open Space zone. These lands will never be developed as
anything other than a stormwater management facility, as this pond is an essential piece of
infrastructure required for the function of the proposed future development.
8. Entire Phase Three Area of Riverfront Should Be Placed in EPA Designation.
The Upper Canada Consultants map for Riverfront shows an entire area of Riverfront which was excluded from the proposed development because of its location as habitat for a Threatened
wildflower, the Dense Blazing Star as Phase Three. The map illustrates what is termed the Proposed
Storm Drainage Area Plan. A map called Wetland Illustration by the same company shows this entire
area except for a buffer for the wetland area identified in the Riverfront EIS as Wetland 10, as lots
and streets for what appears to be single family homes.
The current designation for the Phase Three lands is Development Holding. To actually have any
development on these lands would require a zoning amendment. This appears to be unchanged by
any proposed zoning amendment to be discussed at the Public Information Session. However, the
maps prepared for the meeting show lots and streets on these lands show. There is a clear need for an EPA designation on them to protect the habitat of a Threatened Wildflower species.
Concern for the habitat of the Dense Blazing Star was addressed in two letters to John Barnsley, then
Manager of Policy Planning for the City of Niagara Falls, by Tara McKenna, District Planner for the
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Ministry of Natural Resources and Forestry (MNRF), dated December 11, 2017, and April 30, 2018.
The last letter clearly “recommends mapping the area around the Dense Blazing Star where the
grassland species occur.” This has still not been done. In all the mountains of material assembled by
for this meeting, no new material regarding where the habitat of the Dense Blazing Star is has been
provided.
On November 25, 2024, I walked to the area in what is now called Phase Three, with the help of
construction workers onsite who were previous to my visit, unaware of the Dense Blazing Star
species, let alone its location. About seven years earlier my friend Daniel Nardone discovered with
me this colorful purple wildflower, which is of great benefit to bees and other pollinating insects. After this discovery, its location was confirmed in two letters by MNRF.
What I viewed recently of the habitat of the Dense Blazing Star was a great concern to me. I was able
to confirm the species was still on site. However, its survival appears to be a miracle. Close to its
habitat was a high pile of mud, a Johnny on the Spot and a crushed stone parking lot. The Threatened Species was almost buried alive, which had it taken place would have been a serious violation of the
Endangered Species Act. A snow fence should be established immediately to protect the habitat of the Threatened Dense Blazing Star.
The lands designated for Phase Three in Upper Canada’s map should be designated EPA. They are
significant not only for the Dense Blazing Star, but also for another prairie species, the Butterfly
Milkweed, which is rare in the Niagara Region. These lands also breeding habitats for three declining bird species, the Field Sparrow, the Brown Thrasher, and the Black Billed Cuckoo. They benefit from
the savanna nature of Phase Three being early successional birds.
The proposed development lands do not include Dense Blazing Star, as you note, this species is on
lands not subject to this application. Further environmental works are being conducted and will be provided and utilized through future planning applications for these lands.
Summary of Recommendations
a) The land currently designated as Open Space surrounding most of Wetland 5, should be
designated EPA. This would help honor a parkland promise.
b) The lands identified as Part 2, adjacent to Wetland 4, and the Welland River Wetland Complex
proposed for redesignation to Open Space from Residential should be designated EPA. This
would help in the recovery from illegal tree cutting and protect the habitat for declining Bullfrogs
and At-Risk Turtles that benefit from adjacent ponds.
c) The area identified as Phase Three Should Be Designated EPA. This would protect the habitat of
Threatened Dense Blazing Star, which should be immediately protected by a fence.
d) While modestly increasing EPA designations as this brief urges, will slightly reduce land available
for residential development, having features such as a spectacular wildflower meadow protected would increase the value of lots sold. Some of the EPA lands around Riverfront,
moreover, could be secured through parkland dedication as was pledged in the past around Wetland 5.
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Parkland is promised adjacent to the Wetland on the west. Parkland is required to be
designated as Open Space, and these lands will be dedicated to the City, along with the
Stormwater Management Facility, that is also proposed to be designated as Open Space. There is a Restoration Agreement in place between the Owner and the NPCA that has been in place
for several years. There are no applications in place for Phase 3 at this time, and future designations will be considered then.
Good Morning All
The letter is to voice concern over some of the information that was discussed at the December 5, 2024 Meeting at City hall for the Riverfront Community. This document is going to Mackenzie Ceci and Kira
Dolch, planners with the City of Niagara Falls, Mr. William Heikoop consultant for the Riverfront
Development and the NPCA. Ms. Ceci and Mr. Heikoop were in attendance at this meeting. Also, in attendance were representatives for the Riverfront Community Development and members of the
general public.
Firstly, thank you Mr. Heikoop for one of the better presentations I have seen. Along with your willingness
to address questions in a thoughtful manner, it kept the gathering from getting shall we say, “from getting
heated”.
I have a couple of things that I would like to cover. One being some information, that sadly I did not get
the opportunity to look at prior to the meeting as it pertains to the Tree Saving Plan. I am also going to
comment on the bird population, the walking path between the two phase and the Stormwater Mgmt.
pond.
Trees
As mentioned earlier, I did not get the opportunity to look at the Tree Protection document. So here are
concerns on the proposed plan. One thing that is rarely ever spoke to in EIS are invasive species. Within
the tables of all the tree species, the Common Buckthorn which is identified. This tree(s) is to be removed.
My reaction was “this is awesome”. This tree is an invasive species and is identified as such by the Invasive
Species Ctr of Ontario. Oddly though, many pages of tree identification tables later, more than a 100 European Buckthorn are tagged and are to remain. My reaction was, “is someone just not paying
attention”. The fact is, that European Buckthorn and the Common Buckthorn are the same plant. To save
this plant is to propagate more. While the seeds of this plant are eaten by birds, which has no nutritional
value to the birds who do eat it, but regardless this is where the problem begins. It is by bird ingestion
that the seed spreads to other areas by either regurgitation or defecation. This process is known as Endozoochory. I am sure that you would agree that both the City nor the developer would not want to be
a part of spreading this plant.
On page 3 of the Tree Saving Plan there is a paragraph that begins with this
Please note that this inventory intentionally excluded the majority of Common Buckthorn and Hawthorn
species, since individuals of these species are not generally considered to be trees or represent species
normally considered for protection as part of a Tree Savings Plan.
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This statement suggests that there are a lot more Common Buckthorn than what was tagged. What are
the plans for this plant as it is invasive.? This is where a bit of a conundrum starts. Are these trees perhaps
in areas that should not be disturbed because of the location of an environmentally sensitive area? As to
the Hawthorn related in this paragraph. While the plan is to remove in areas of development, this can be
a tricky plant over all.
The Tree of Heaven has also been identified and is to be removed. Tree of Heaven is another invasive
Species as it is the host for the invasive Spotted Lanternfly.
As this tree Savings plan encompasses both Phase 1 and 2 I am not sure as to whether clearing of trees has occurred in Phase 1.
Many of the tagged trees that are large and in good condition are going to be removed. I would like to
know what will happen with the trees that are felled. To have these trees left on the side of the road or
burned, is totally counter intuitive to climate change and good ecological practice. If the plan is to burn then C02 will be released quite quickly. If any the felled trees have invasive insects or pathogens and the
general public pick them up off the side of the road for firewood, then this is allowing for the spread of the invasive species elsewhere in the region.
At a time that the City is struggling with tree canopy, to remove 71% of the canopy in an area is curious. I
appreciate that where the development is planned to go, but so are a 1000 plus trees. I found it hard to
understand why they are suggesting that a tree in good condition will be removed and the next tree tagged will remain that is in poor condition (I fully understand that those 2 trees may be at a distance to
each other)
I do applaud what Mr. Heikoop referenced in saying that they will be watching any new trees planted for
the first five years. But what happens after the five-year period?
Again, I have not had the opportunity to go through every single document on this development, so please
indulge me a bit with the following question.
• Is the plan to replace all the removed trees back onto the surrounding land?? Mr. Heikoop has
suggested that they will be planting some trees, but did not indicate how many? Will these new trees on these properties be Native species that have lived here historically? Will the tree to be
planted also take into effect the changes with the climate?
As to the payment for removed trees, it always strikes me that this payment is NOT of fair or an equal
deal. To take down a healthy mature tree for a sapling, that may or may not live after the five-year period.
I would never suggest that any one tree is better than another as they all provide different functions. Is there any consideration as to what trees will be planted when taking wildlife into consideration. There are
several species of trees that are suggested as the best trees for birds in particular. Eastern White Pine,
Willow and Cherry.
The Wild pear As a fruit tree, the wild pear contributes to biodiversity and strengthens woodland resilience. Its presence
creates habitats for numerous insects, birds, and mammals, enriching the ecosystem. The wild pear is an
ideal companion species along forest edges and boundary areas, playing a significant role in restoring
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depleted soils, particularly in deforested or degraded regions.
Also the Red Maple
The Red Maple are a cornerstone of our ecosystems. They support countless organisms, from caterpillars
to birds and squirrels. A single native tree can support hundreds of species of insects and their associated predators, including birds.
Overall the loss of trees will have a significant impact well beyond just the carbon storage and cooling
effects etc. for humans. We do have to consider the impact all diversity that lives on or near these
properties. As well, the developer should contact the Invasive Species Ctr to get full details on how to safely remove the Invasive Species earlier cited,
There are two environmental consultant teams that have been actively involved in this development;
Colville Consulting Inc. and GEI Consultants. The Tree Savings Plan that you are referring to was
prepared in August 2021 for Riverfront Phase 1 and 2. Since then, an updated Tree Preservation Plan was prepared in March 2024 for Riverfront Phase 2 and submitted with the current applications. All
European Buckthorn are identified for removal, other than three trees as they are within the wetland that is not to be disturbed. Buckthorn removal has occurred and ongoing buckthorn treatment is already
being conducted, that both Colville Consulting Inc. and GEI Consultants speak to. The removal and
management of Buckthorn has been conducted by following the recommendations on the previously submitted and approved Restoration Plan prepared by Colville Consulting Inc. and Ecological
Restoration Plan prepared by GEI Consultants, and by following the Ontario Invasive Plan Council’s (OIPC) Best Management Practices for Invasive Common Buckthorn (Ontario Invasive Plan Council
2020).
The removed trees will be handled using standard arboricultural practices, ensuring they are neither left
by the roadside nor burned.
Trees within the developable area are proposed for removal, as significant earthworks will be completed
in order to prepare the site for development. Upon the completion of construction, all units will be
provided with boulevard trees (1 in front yards, 2 in side yards). These trees will be native species that
are reviewed and approved by the City’s Landscape Architect.
To add, over 2800 native trees and shrubs will be planted in adjacent mapped wetlands for restoration and enhancement. The Owner has a legal Restoration Agreement with the NPCA and provided funds to
secure the agreement. This agreement ensures the suggested trees and shrubs are planted, and subject
to a monitoring plan that Colville Consulting Inc. proposed, and the NPCA was agreeable to.
The Owner also has a legal Restoration Agreement with the Niagara Region, with funds given to the Region to secure the agreement.
In 2021 GEI Consultants prepared an Ecological Monitoring Plan report that provides detailed
descriptions and objectives for baseline, compliance, and performance monitoring, which assists with
evaluating the performance of restoration and enhancement measures. Not only does this plan assist with maintaining and enhancing existing natural heritage feature functions, it manages invasive species
and provides social benefits. It will ensure that proposed restoration measures are implemented as per
the design and will validate performance standards to demonstrate that the intended restoration
trajectories have been achieved.
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There will be professionals assessing and monitoring the trees to ensure their health and longevity in
alignment with the approved monitoring plans. The size of trees that will be planted are recommended by Ecologists and approved by the City’s Landscape Architect with the common goal of survival in mind.
There is significant consideration that takes place when choosing species that are to be planted.
Birds
During the meeting I did refer to the fact that the EIS done on the properties at large over the years suggest
close to 60 bird species are residing there. However, looking at other EIS in the general area we know that there are more species than those, which are most probably utilizing this land in some capacity. Generally,
most EIS are done over 3 seasons. Many birds migrate back to this area for the winter after breeding further north. The Niagara River Corridor is a globally significant Important Bird Area (IBA) that's home to
over 300 bird species. It's part of the Atlantic Flyway, a major bird migration corridor in North America.
Many believe that migratory birds in general arrive and leave only after a very short period of time. This is not the case. Many are here for several months.
Over the past several months I have been undertaking a large bird survey of an area that I have nicknamed
the bird house because of the shape of it. (see image) Please note that this shape came about randomly
and not by design. Utilizing EIS in the area and Petersons Bird guide for Ontario and a few other reference
materials, I painstakingly went through about 500 bird species of which I then cross referenced with
inaturalist. Within the bird house are almost 170 bird species who reside in the general area within the Bird House and I believe that number to be low. What was surprising was that the typical half a dozen of
Bird Species of Risk was actually 14 who inhabit the general area at some point in the year. Many of the
birds in this area are migratory birds that come to this area specifically to breed. Most people are under
the impression that birds nest in trees but that is not the case at all. Many are ground nesters, or in
shrubs, and some in tree hollows left by other birds and a few on the water. Those nesting in trees do so at different levels of the tree or even the species of a particular tree.
A major question has to be asked. While we are responsible for not interfering with Migratory bird nest
at breeding and fledging times, their nests can be removed after the breeding season. There seems to be
no thought as to where a bird will nest the following season. Many bird species return to the same location
year after year. This information for some unknown reason is never mentioned or even a part of any
criteria given by the those who create the guidelines. Regardless, if a species is at risk, a key factor to remember is that all Species at Risk were once common. When you mess with a Species at Risk you are
also interfering with numerous other species. Not just for nesting but food sources as well. The idea that
an animal or in this case will just find another tree elsewhere is not justifiable without having the facts on
any particular species. It is a sad comment that Ministries are only providing a minimal amount of
information in order for anyone to make an educated decision with.
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Please note. This marked area has just as many or more Species at Risk in general than the 413 does.
Overall an EIS are an important part of the studies required for any development. Sadly, they do not tell the whole story of any given area. They are as only as good as the guidelines that are presently in place.
The agencies/ministry are not keeping pace with how climate is affecting the times of the studies required
within any Environmental Impact Study either.
It is acknowledged by the Ecologists who have been working on this site over the years that many birds nest on the ground. As noted above, restoration and enhancement plantings are required. In June 2022
a legal agreement was carried out and assumed by Centennial Homes and The Regional Municipality of
Niagara to execute the 2021 Ecological Restoration Plan, with funds given to the Region to secure the agreement.
This agreement ensures that there is an appropriate ratio for tree compensation, a phasing strategy for
Buckthorn removal, that survey details regarding locations of rare plant species been transplanted into
another suitable habitat, and that the incorporation of open shrub land areas are included in order to
provide shrub/early successional breeding bird habitat.
Due Diligence Surveys for breeding birds are required to be conducted prior to any vegetation removal,
including daytime avian nest surveys. Area searches are to be conducted for nesting birds as per the MBCA (1994). Nest surveys are to occur up to 72 hours before any clearing, and if it is not, then another
nest search must be conducted. If an active bird nest is found within vegetation proposed for removal,
then repeat daytime surveys are to be conducted until the nest is no longer in use. While the nest is in use, a minimum buffer will be applied around the tree or area that contains the avian nest. Buffer
specification will be determined on a case-by-case basis, depending on the species.
There is significant restoration proposed for the buffer areas of the adjacent woodlands, that will
benefit a variety of wildlife habitat types. The plantings prescribed for open country / shrub land
restoration areas have been designed to suit a variety of breeding birds that utilize early successional
shrub and open country habitats. The planting lists include fruit-bearing shrubs and groundcover species that will support development of a thatch layer over time to provide suitable ground-nesting
opportunities.
Overall the objective of the Restoration Plan is to create a variety of habitats, manage invasive species,
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establish protective and restored buffers, and propagation and increase in populations of species at risk.
The overall efforts will provide long term protection of significant, intact natural features, conservation
and enhancement of the important local connections from the Welland River, through the extensive natural and restored areas, improved viability and sustainability of retained natural features and
functions (eg. through woodland restoration, permanent native meadow creation, open shrubland restoration, and maintenance and potential enhancement of pond hydrology), and appropriately
manage integration of human uses near these important natural areas.
The walking path
The walking path sits between the 2 phases as I understand it. As I mentioned during the meeting that
interpretive signing while educational can be harmful. People knowing that certain species may be in the area unfortunately cause the general public to go searching and do irreputable harm to the very
environment that needs to be protected. This is not the Heartland Forest where people understand what
they are going there to see. Am I correct that there will be homes that back onto this area of the path and that these homes would have a buffer and some sort of fencing? If this is the case, you are saying to the
people whose homes abut the area that they can’t walk into this area but a path in between will allow anyone to walk bike etc, then some odd thinking is occurring here. I also have concern for people walking
dogs in the area. Dogs do dig and the potential for a dog or even a human digging in the area to come in
contact with a fungal disease called Blastomycosis should be considered. Typically, this illness is seen in
Northern Ontario but there have been cases in Southern Ontario and apparently a few in the Niagara
Region. This fungal disease can be fatal. Just the construction of this path is concerning as to the damage that may occur. While I fully appreciate the idea of this path within this development, it is folly to believe
that this pathway will have a positive effect to the environment. What looks great on paper, doesn’t
always work.
There will be 1.8-metre-high chain-link fences in the rear yards of the dwellings backing on to the environmental areas. Future environmental work is to be conducted with respect to the trails, though
there are specific design criteria that are required and have been approved. For example, where
appropriate, suitable thorny native species are to be planted along trails to prevent disturbances from
trail users, and interpretative signage is to be installed at the trail entrances that will explain the
sensitivity of habitats and the role of trail uses to be stewards (eg. keep dogs leashed). Signage will also be placed along the trails to remind users that they are in sensitive habitat and to stay on the trail.
Construction of the trails will result in short-term disruptions to wildlife, though appropriate
construction timing windows have been identified to ensure that wildlife is not disturbed during the
most sensitive life cycle periods (eg. reproduction). Other mitigation will also be implemented during construction, including sediment and erosion control, spill prevention and response measures to
minimize the potential for negative impacts on adjacent features during installation.
Long-term trail use has the potential to impact surrounding ecosystems via litter, going off trail, noise,
unleashed pets, and potential introduction of invasive species. However, by applying the mitigation
measures proposed by GEI Consultants that have been previously approved, including strategically
placing trails and using signs and thorny flora to prevent trail user impact, impacts to the natural heritage system can be minimized. To add, including trails within this area provides opportunities to
educate the public on the natural features present on and around the subject lands, while
simultaneously encouraging physical activity and outdoor recreation.
Appendix B
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Page 138 of 434
Overall, significant consideration has been made with respect to the proposed trails, from construction
to long-term use, and by implementing the mitigation measures and design criteria, the potential
negative impacts will be significantly minimized.
Stormwater
Lastly, the stormwater management pond. I fully understand its location with the methodology of
allowing water to run down the natural slope of the property. With that in mind, the opportunity to create
an overland swale/ditch would seem appropriate to the area allowing the water to naturally percolate
and clean itself. In time, there is the potential for this to become a natural feature allowing wildlife and natural plant life to live in and along the side of it. These type of overland waterways often have paths
beside them. Stormwater Mgmt ponds have legacy costs. With the change in our climate, we are seeing rainfalls that are different. The area in general over the past few years, rain has come more often in
deluges, overwhelming the infrastructure. There has been flooding in many areas near this development.
No amount of planning may keep this planned SWMP from overflowing now or in the future. We have already seen this locally occur. With the Welland River already having poor water quality, ever effort
should be made to keep it from being made worse than it already is.
Overall the lands involved with this development and another beside it have been a contentious issue for
many years. There is opportunity with more critical thought as to how to meet the needs for housing,
while meeting the needs of this environmentally sensitive area.
I hope that some of these concerns can be addressed.
I look forward to your comments.
The comments refer to the potential to “naturally percolate and clean itself”; the Stormwater Management Plan indicates that the soils native to the site consist of predominately “silty clay/clayey
silts and are classified as soil group C. These soils are associated with low levels of infiltration where
water does not readily infiltrate. As such, the use of percolation as a primary method of either
stormwater quantity or quality controls are not appropriate.
The comments further recommend artificial channels to convey flows overland to the stormwater
management facility. The proposed development is within the urban area of Niagara Falls where urban roads are required by City and Regional policy. The proposed minor storm system is a more efficient
land use consistent with Provincial policy, good engineering practice and good planning.
The proposed design shall comply with MECP guidelines and City of Niagara Falls ECA CLI approvals,
these guidelines include requirements for additional volume and freeboard within the facility to mitigate and accommodate events larger than the maximum design storm event (100 years). It is
acknowledged that greater storm events are going to be encountered infrequently by the proposed
developments. This is why MECP standards, City standards and good engineering design practice
accommodate major flows overland and ensure that during these large storms flooding is managed and
conveys to the ultimate outlet (the Welland River).
As indicated in the Stormwater Management Plan, the stormwater management facility is designed
with an overflow spillway, recognizing that the facility will be overtopped in extreme events and that
this water will be managed in a responsible way. This is a design requirement of all stormwater
Appendix B
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management facilities within MECP approval jurisdiction.
The Stormwater Management Plan and proposed stormwater management facility provide for Enhanced level of TSS protection (80% removal) which is considered the highest of the three water
quality standards in Ontario, this is despite the Welland River only being classified as Type 2 fish habitat where typically only 70% TSS removal would be required.
Appendix B
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Page 140 of 434
ZONE REGULATION STANDARD R3 ZONE
REGULATIONS
REQUESTED
REGULATIONS
STAFF
RECOMMENDATION
(DETAILS TO FOLLOW)
Minimum lot area
• 300 square metres for
a detached dwelling
• 160 square meres for
an on-street
townhouse dwelling
• 300 square metres for
a detached dwelling
• 7 square metres for
Blocks 223 to 228
• 160 square metres for
all other on-street
townhouse dwellings
SUPPORT, SUBJECT TO
MODIFICATION
Minimum rear yard
depth
• 7.5 metres plus any
applicable distance
specified in section
4.27.1
• 6 metres for a
detached dwelling
• 4 metres for Blocks
223 to 228
• 6 metres for all other
on-street townhouse
dwellings
SUPPORT, SUBJECT TO
MODIFICATION
Maximum lot coverage • 55%
• 56% for Blocks 223 to
228
SUPPORT, SUBJECT TO
MODIFICATION
Maximum projection of
sills, belt courses,
cornices, chimney
breasts, bay windows,
pilasters and similar
architectural features
and window air
conditioning units
• 0.45 metres into any
required yard
• 0.6 metres into any
required yard
SUPPORT, SUBJECT TO
MODIFICATION
The departures requested from the standard R3 Zone regulations are summarized in the
following table:
Appendix C
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Page 141 of 434
ZONE REGULATION STANDARD R3 ZONE
REGULATIONS
REQUESTED
REGULATIONS
STAFF
RECOMMENDATION
(DETAILS TO FOLLOW)
Maximum projection of
a deck or stairs into a
required exterior side
yad
• Not permitted to
project into a required
exterior side yard
• 2.5 metres into a
required exterior side
yard
SUPPORT
Maximum projection of
a roofed-over one
storey porch into a
required exterior side
yard
• Not permitted to
project into a required
exterior side yard
• 2.5 metres into a
required exterior side
yard
SUPPORT
• The proposed reduction to the minimum lot area requirement for Blocks 223 to 228 is
supportable. The proposed reduction will facilitate a compact built form and an efficient
use of land.
• The proposed reduction to the minimum rear yard depth for all dwelling types is
supportable. Rear yard depths of 6 metres are typical in newer, compact Plans of
Subdivision throughout the City and continue to provide adequate amenity space for
the occupants of the dwellings. Further, the reduction to 4 metres for Blocks 223 to
228 is consistent with the existing site-specific regulations of the R4-1133 and R4-
1134 Zones.
• The proposed increase to the maximum lot coverage is minor and supportable. The
applicant will still be required to comply with the standard minimum landscaped open
space requirement of 25% of the lot area for the R3 Zone. Further, the dwellings will
be subject to the standard and site-specific setback/yard depth requirements.
• The requested increase and establishment of maximum projection regulations are
supported by Staff as they are generally consistent with the existing site-specific
regulations of the R4-1133 and R4-1134 Zones. Staff recommend that the provision
regulating the maximum projection of sills, belt courses, cornices, chimney breasts,
bay windows, pilasters and similar architectural features and window air conditioning
units also references a privacy yard.
• Staff note that the site-specific regulations that have been requested for Blocks 223
to 228 will only apply to on-street townhouses that will be zoned R4-XXXX Zone.
Rather than including these regulations in the proposed R3-XXXX Zone, Staff
Appendix C
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Page 142 of 434
recommend transferring these regulations to the R4-XXXX Zone. This modification
will provide more clarity as it relates to implementation of the amending by-law.
• Since Blocks 223 to 228 will likely be further subdivided through the removal of part
lot control in the future, Staff recommend that the amending by-law also includes a
provision that requires a privacy yard with a minimum depth of 4 metres for on-street
townhouse dwellings. It is further recommended that this privacy yard provision be
coupled with a provision that allows a deck, stairs, or roofed-over one storey porch to
project not more than 2.5 metres into the required privacy yard of an on-street
townhouse dwelling. These provisions will ensure that future on-street townhouse
dwellings on Blocks 223 to 228 will comply with the regulations of the amending by-
law before and after part lot control is removed.
The departures requested from the standard R4 Zone regulations are summarized in the
following table:
ZONE
REGULATION
STANDARD R4
ZONE
REGULATIONS
EXISTING
R4-1133/R4-1134
ZONE
REGULATIONS
REQUESTED
REGULATIONS
STAFF
RECOMMENDATION
(DETAILS TO
FOLLOW)
Permitted uses
• A townhouse
dwelling containing
not more than 8
dwelling units
• An apartment
dwelling
• A stacked
townhouse dwelling
• Group dwellings
• Accessory buildings
and structures
• Home occupation
R4-1133 Zone
• The uses
permitted in the R4
Zone
• Detached dwelling
• Semi-detached
dwelling • Second unit
• Home occupation
R4-1134 Zone
• The uses
permitted in the R4
Zone
• Detached dwelling
• Semi-detached
dwelling
• Second unit
• Home occupation • Stacked
townhouse
dwelling
• Community Centre
• Various
commercial uses
• The uses permitted in the
R4 Zone
• On-street townhouse
dwellings, in accordance
with the R3-XXXX Zone • Back-to-back townhouse
dwellings
SUPPORT, SUBJECT
TO MODIFICATION
Appendix C
Page 70 of 77
Page 143 of 434
Minimum lot
area
• 250 square metres
for a townhouse
dwelling unit
• 200 square metres
for an apartment
dwelling unit or
stacked townhouse
dwelling unit
R4-1133 Zone
• 200 square metres
for each dwelling
unit
R4-1134 Zone
• 133 square metres
for each dwelling
unit
• 137 square metres for a
back-to-back townhouse
dwelling unit
• 114 square metres for a
stacked townhouse
dwelling unit
SUPPORT
Minimum front
yard depth
• 6 metres plus any
applicable distance
specified in section
4.27.1 for a
townhouse dwelling
• 7.5 metres plus any
applicable distance
specified in section
4.27.1 for an
apartment dwelling
or stacked
townhouse dwelling
R4-1133 Zone
• 3 metres from a
street
R4-1134 Zone
• 7.5 metres from a
street for a building
or structure in
excess of 17
metres and 4
storeys in height,
whichever is less
• 3 metres from a
street for all other
buildings or
structures
Back-to-back townhouse
dwelling
• 3 metres to the dwelling
• 6 metres to the garage
Stacked townhouse dwelling
• 3 metres to the dwelling
• 6 metres to the garage
SUPPORT
Minimum rear
yard depth
• 7.5 metres plus any
applicable distance
specified in section
4.27.1 for a
townhouse dwelling
or back-to-back
townhouse dwelling
• 10 metres plus any
applicable distance
specified in section
4.27.1 for an
apartment dwelling
or a stacked
townhouse dwelling
• 4 metres
• 0 metres for the
common wall of a back-
to-back townhouse
dwelling
• 6 metres for a stacked
townhouse dwelling
SUPPORT, SUBJECT
TO MODIFICATION
Minimum interior
side yard
• Not regulated by
Zoning By-law No.
79-200
• 1.8 metres (for
buildings on the
same block)
• 1.2 metres for a back-to-
back townhouse
dwelling
SUPPORT, SUBJECT
TO MODIFICATION
Appendix C
Page 71 of 77
Page 144 of 434
• 1.2 metres for a stacked
townhouse dwelling
Minimum
exterior side
yard width
• 4.5 metres plus any
applicable distance
specified in section
4.27.1 for a
townhouse dwelling
or a back-to-back
townhouse dwelling
• 7.5 metres plus any
applicable distance
specified in section
4.27.1 for an
apartment dwelling
or a stacked
townhouse dwelling
R4-1133 Zone
• 3 metres from a
street
R4-1134 Zone
• 7.5 metres from a
street for a building
or structure in
excess of 17
metres and 4
storeys in height,
whichever is less
• 3 metres from a
street for all other
buildings or
structures
• 3 metres for a back-to-
back townhouse
dwelling
• 3 metres for a stacked
townhouse dwelling
SUPPORT
Maximum lot
coverage • 35%
• None
• 65% for a back-to-back
townhouse dwelling
• 65% for a stacked
townhouse dwelling
SUPPORT
Maximum height
of a building or
structure
• 10 metres, subject
to section 4.7
R4-1133 Zone
• 14 metres or 3
storeys, whichever
is lesser, subject to
section 4.7
R4-1134 Zone
• 17 metres or 4
storeys, whichever
is lesser for a
stacked
townhouse
dwelling, subject to
section 4.7
• 12.6 metres for a
stacked townhouse
dwelling
• 12.6 metres for a back-
to-back townhouse
dwelling
• 10 metres for all other
uses
SUPPPORT, SUBJECT
TO MODIFICATION
That the maximum
heights be subject to
section 4.7, which will
ensure that the height
exception provisions of
Zoning By-law No. 79-
200 are maintained
Appendix C
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Page 145 of 434
• 26 metres or 6
storeys, whichever
is lesser for an
apartment
dwelling, subject to
section 4.7
• 14 metres or 3
storeys, whichever
is lesser for all
other uses, subject
to section 4.7
Number of
dwellings on one
lot
• Subject to
compliance with
section 7.9.3, more
than one dwelling
is permitted on one
lot
• Unlimited
More than one dwelling on
one lot/block
SUPPORT
Minimum
parking space
requirement
• In accordance with
section 4.19.1
R4-1133 Zone
• 1.25 spaces per
detached dwelling
or dwelling unit
• 1 space per
second dwelling
unit
R4-1134 Zone
• 1.25 spaces per
detached dwelling
or dwelling unit
• 1 space per
second dwelling
unit
• 1 space per 42
square metres of
gross leasable floor
area
• 1.25 spaces per stacked
townhouse dwelling unit
SUPPORT
Parking in the
front yard
• In accordance with
section 4.19.3 (c)
Maximum width of a
driveway or parking
area and a garage in
the front yard of a land
unit:
• 50% of the land
unit frontage or 6
Maximum width of a
driveway or parking area
and a garage in the front
yard:
• 50% of the land unit
frontage or 6 metres,
whichever is less for a
SUPPORT, SUBJECT
TO MODIFICATION
“Notwithstanding
section 4.19.3 (c), the
maximum width of a
driveway or parking
area and a garage in
Appendix C
Page 73 of 77
Page 146 of 434
metres, whichever
is less
back-to-back
townhouse dwelling
• 50% of the land unit
frontage or 6 metres,
whichever is less for a
stacked townhouse
dwelling
the front yard shall
be….”
Minimum
landscaped
open space area
• 45 square metres
for each dwelling
unit
• 20% of the block
area
• 15% of the block area
for a back-to-back
townhouse dwelling
• 20% of the block area
for a stacked townhouse
dwelling
SUPPORT
Minimum
amenity space
• 20 square metres
for each stacked
townhouse dwelling
unit
• None for back-to-
back townhouse
dwelling units
R4-1133 Zone
• 10 square metres
per dwelling unit
R4-1134 Zone
• 5 square metres
per dwelling unit
• 5 square metres for each
stacked townhouse
dwelling unit
• None for a back-to-back
townhouse dwelling unit
SUPPORT, SUBJECT
TO MODIFICATION
Minimum yard
width or yard
depth for a deck
from a street or
block line
• Not regulated by
Zoning By-law No.
79-200
• 0.5 metres
• 0.5 metres for a stacked
townhouse dwelling
• 0.5 metres for a back-to-
back townhouse dwelling
SUPPORT
Maximum
projection of
sills, belt
courses,
cornices,
chimney breasts,
bay windows,
pilasters and
similar
architectural
features and
window air
conditioning
units
• 0.45 metres into any
required yard
• Standard provision
applies (0.45
metres into any
required yard)
• 0.6 metres into any
required yard for stacked
townhouse dwelling
• 0.6 metres into any
required yard for a back-
to-back townhouse
dwelling
SUPPORT
Maximum
projection of a
deck into a
• Not permitted to
project into a
• Standard provision
applies (projections
are not permitted
• 2.5 metres into a
required exterior side
yard
SUPPORT
Appendix C
Page 74 of 77
Page 147 of 434
required exterior
side yard
required exterior
side yard
into a required
exterior side yard)
Maximum
projection of a
roofed over one
storey porch into
a required
exterior side
yard
• Not permitted to
project into a
required exterior
side yard
• Standard provision
applies (projections
are not permitted
into a required
exterior side yard)
• 2.5 metres into a
required exterior side
yard
SUPPORT
The requested regulations can be supported for the following reasons:
• Staff support the addition of on-street townhouse dwellings as a permitted use as it
will provide the applicant with some flexibility for the development of Blocks 223 to
228, which will either be developed with back-to-back townhouse dwellings or on-
street townhouse dwellings. Staff note that back-to-back townhouse dwellings were
added as a permitted use in the R4 Zone through the recent City-initiated
Housekeeping Amendment (By-law No. 2025-006). As such, back-to-back townhouse
dwellings do not need to be added as a permitted use in the proposed site-specific R4
Zone, nor do regulations governing their development need to be included in the
amending by-law, unless they are site-specific in nature.
• The proposed reduction to the minimum lot area requirement is supportable. The
proposed reduction will facilitate a compact built form and an efficient use of land.
• The proposed reductions to the minimum front yard depths of back-to-back townhouse
dwellings and stacked townhouse dwellings are supported by Staff as they are
generally consistent with the existing site-specific regulations of the R4-1133 and R4-
1134 Zones, and will ensure that adequate parking can be accommodated on-site.
• The proposed reduction to the minimum rear yard depth for stacked townhouse
dwellings is supported. Although the request represents a reduction from the standard
rear yard depth regulation of the R4 Zone, the overall reduction is less than what was
approved for the existing site-specific R4-1134 Zone, which included stacked
townhouse dwellings as a permitted use. Staff note that the requested relief for the
common wall of a back-to-back townhouse dwelling is not required as it is already
addressed through the definition of a back-to-back townhouse dwelling, which states
that the units are divided by a common rear wall.
• Staff note that the applicant’s request to reduce the minimum interior side yard for
back-to-back townhouse dwellings is supported and is appropriate for the proposed
housing form. However, based on Staff’s review of the conceptual Site Plan that was
provided for Block 229, the requested relief is not required for the proposed stacked
townhouse dwellings.
Appendix C
Page 75 of 77
Page 148 of 434
• The proposed reductions to the minimum exterior side yard widths of back-to-back
townhouse dwellings and stacked townhouse dwellings are supported by Staff as they
are consistent with the existing site-specific regulations of the R4-1133 and R4-1134
Zones.
• Staff support the applicant’s request to increase the maximum lot coverage
requirement. Although the request represents an increase from the standard
regulation of the R4 Zone, Staff note that the R4-1133 and R4-1134 Zones had
eliminated this requirement altogether. As such, the proposed regulation will
reintroduce a maximum lot coverage regulation.
• The proposed increase to the maximum height of a building or structure is
supportable. Although the request represents an increase from the standard
regulation of the R4 Zone, the overall height will be less than what was approved for
the existing site-specific R4-1133 and R4-1134 Zones.
• Staff support the applicant’s request to permit more than one dwelling on a lot/block
as it is consistent with the existing site-specific regulations of the R4-1133 and R4-
1134 Zones.
• The requested parking rate of 1.25 parking spaces per dwelling unit for the proposed
stacked townhouse dwellings on Block 229 is supported by Transportation Services
Staff and is consistent with the City’s recent efforts to update and modernize the multi-
residential parking rate in the Zoning By-law.
• The introduction of requirements to regulate parking in the front yards of land units
containing back-to-back townhouse dwellings and stacked townhouse dwellings is
supported by Staff as they are consistent with the existing site-specific regulations of
the R4-1133 and R4-1134 Zones.
• Staff support modifying the metric that is used to regulate the minimum landscaped
open space area requirements for blocks containing back-to-back townhouse
dwellings and stacked townhouse dwellings. Staff note that the requested regulations
are generally consistent with the existing R4-1133 and R4-1134 Zones and are
appropriate for the corresponding housing forms.
• The proposed reduction to the minimum amenity space area requirement for stacked
townhouse dwellings is supported. Although the request represents a reduction from
the standard amenity space area regulation of the R4 Zone, the overall reduction is
consistent with what was approved for the existing site-specific R4-1134 Zone, which
included stacked townhouse dwellings as a permitted use. It is further noted that the
minimum amenity space area requirement does not apply to back-to-back townhouse
dwellings. As such, there is no need to address the applicant’s request in the
amending by-law.
Appendix C
Page 76 of 77
Page 149 of 434
• The applicant’s request to establish a minimum yard width or yard depth for a deck is
supported as it is consistent with the existing site-specific regulations of the R4-1133
and R4-1134 Zones.
• The requested increase and establishment of maximum projection regulations are
supported by Staff as they are generally consistent with the existing site-specific
regulations of the R4-1133 and R4-1134 Zones.
Appendix C
Page 77 of 77
Page 150 of 434
Address: Part 6357 Progress Street
Applicant: Centennial Homes (Niagara) Inc. (Joe Candeloro)
Proposal: 626 dwelling units, parkland, open space, a stormwater management facility, and public roads
Official Plan Amendment, Zoning By-law
Amendment & Draft Plan of Subdivision Modification Applications
AM-2024-027 & 26T-11-2019-001
Page 151 of 434
A GREAT CITY…FOR GENERATIONS TO COME
Location
Riverfront
Phase 1
Additional Lands
Owned by the
Applicant
CP Railway Line
Conrail Drain
Provincially
Significant
Wetlands
Page 152 of 434
A GREAT CITY…FOR GENERATIONS TO COME
Background
APPLICATION TYPE(S)APPROVAL
YEAR APPROVAL SUMMARY
Official Plan
Amendment No. 81 2008 •Redesignated the subject lands from Industrial, in part, and Open Space, in part, to Residential and
Special Policy Area No. 56
Official Plan
Amendment No. 96 2010 •Refined the area’s natural heritage mapping
Official Plan
Amendment No. 128 2018 •Redesignated the subject lands as Residential, Low/Medium Density, in part, Open Space, in part, and
Environmental Protection Area, in part
Zoning By-law
Amendment & Draft
Plan of Subdivision
2020
•Rezoned the lands to site-specific Residential Low Density, Group Multiple Dwelling Zones, in part,
site-specific Environmental Protection Area Zones, in part, a site-specific Development Holding Zone,
in part, Neighbourhood Commercial Zone, in part, and Open Space Zone, in part
•Subdivided the lands into seven blocks for residential development, one block for mixed-use
development, three blocks for open space purposes, four blocks for environmental protection, one
block for road widening purposes, one block designated as other lands owned by the applicant, and six
new streets that were to be dedicated as public highways
Draft Plan of
Subdivision Extension 2023 •Extended Draft Plan of Subdivision approval for a period of 18 months, establishing a new lapsing date
of April 30th, 2025
Draft Plan of Vacant
Land Condominium 2024 •Approved 213 dwelling units consisting of 145 detached dwellings and 68 townhouse dwellings, and
common elements (Riverfront Phase 1)Page 153 of 434
A GREAT CITY…FOR GENERATIONS TO COME
Proposal
Official Plan Amendment
•The subject lands are designated Residential,
Low/Medium Density, in part, Open Space, in
part, and Environmental Protection Area, in
part
•An Official Plan Amendment is proposed to
redesignate part of the lands that are
designated Residential, Low/Medium Density
to Open Space, and part of the lands
designated Open Space to Residential,
Low/Medium Density
•No changes are proposed to the lands that
are currently designated Environmental
Protection Area
Page 154 of 434
A GREAT CITY…FOR GENERATIONS TO COME
Proposal
Zoning By-law Amendment
•The subject lands are zoned Residential Low
Density, Group Multiple Dwelling (R4-1133) Zone,
in part, Residential Low Density, Group Multiple
Dwelling (R4-1134) Zone, in part, Environmental
Protection Area (EPA-1136) Zone, in part, and
Open Space (OS) Zone, in part
•A Zoning By-law Amendment is proposed to
rezone the lands to a site-specific Residential
Mixed (R3-XXXX) Zone, in part, a new site-
specific Residential Low Density, Group Multiple
Dwelling (R4-XXXX) Zone, in part, and a site-
specific Open Space (OS-XXXX) Zone
•No changes are proposed to the lands that are
currently zoned Environmental Protection Area
(EPA-1136) Zone
Page 155 of 434
A GREAT CITY…FOR GENERATIONS TO COME
Approved Draft Plan of Subdivision Page 156 of 434
A GREAT CITY…FOR GENERATIONS TO COME
Approved Draft Plan of Subdivision
PHASE 1
PHASE 2
PHASE 3
Page 157 of 434
A GREAT CITY…FOR GENERATIONS TO COME
Modified Draft Plan of Subdivision Page 158 of 434
A GREAT CITY…FOR GENERATIONS TO COME
Summary of Requested Zoning Relief
Proposed Zone Requested Relief
R3-XXXX Zone
•Reduce the minimum lot area requirement for on-street townhouse dwellings on Blocks 223 to 228
•Reduce the minimum rear yard depth requirement for detached dwellings and on-street
townhouse dwellings
•Increase the maximum lot coverage requirement for on-street townhouse dwellings on Blocks 223
to 228
•Increase maximum projection allowances
R4-XXXX Zone
•Include on-street townhouse dwellings and back-to-back townhouse dwellings as permitted uses
•Reduce the minimum lot area, minimum amenity space, minimum front yard depth, minimum rear
yard depth, minimum interior side yard width, and minimum exterior side yard width requirements
for back-to-back townhouse dwellings and stacked townhouse dwellings
•Increase the maximum lot coverage and maximum height of a building or structure for back-to-
back townhouse dwellings and stacked townhouse dwellings
•Permit more than one dwelling on one lot/block
•Reduce the minimum parking space requirement for stacked townhouse dwellings
•Modify the minimum landscaped open space area metric
•Establish a minimum yard width or yard depth requirement for a deck and a requirement to
regulate the maximum width of a driveway or parking area and garage
•Increase maximum projection allowances
OS-XXXX Zone •Include a stormwater management pond as a permitted use
Page 159 of 434
A GREAT CITY…FOR GENERATIONS TO COME
Neighbourhood Comments
•Public Information Open House was held on December 5th, 2024. Five members of the
public were in attendance.
Concern Staff Response
Future ownership of EPA
blocks
•Staff have recommended that the Environmental Protection Area blocks be
conveyed to the City as a condition of Draft Plan approval
Development of
surrounding lands
•The City has received development applications for the lands on the north side
of the CP Railway line, and for the lands located east of Phase 1. The merit of
these applications will be assessed independent of the subject applications
Downrating of
surrounding wetlands
•On January 1st, 2023, the Government of Ontario introduced changes to the
Ontario Wetland Evaluation System, which allows qualified wetland evaluators
to undertake revaluations of wetlands that are currently mapped as Provincially
Significant Wetlands. The proposed applications do not involve the revaluation
of the blocks that are currently designated and zoned Environmental Protection
Area
Location and size of the
proposed parkland block
•The proposed parkland block is 1.96 hectares in size. The approved Draft Plan
of Subdivision contains two separate blocks for parkland purposes. However,
the proposed development/modification will consolidate the parkland into one
larger block, which will improve its utility and programmability
Page 160 of 434
A GREAT CITY…FOR GENERATIONS TO COME
Neighbourhood Comments – Cont’d
Concern Staff Response
Soil contamination
•The Phase One and Two ESAs identified an elevated Thallium level in the
northwest corner of the subject lands, which is associated with the adjacent
railway line. It is anticipated that the elevated level is isolated. Supplemental
sampling is required as a condition of Draft Plan approval
Fencing adjacent to
natural heritage
features
•Regional and NPCA Staff have recommended that fencing be constructed
adjacent to natural heritage features. This is a standard requirement that helps to
minimize encroachments and promote the protection and conservation of natural
heritage features
Impact of proposed
trails within EPA blocks
•The EIS recommends that trails should be constructed outside the amphibian
breeding and movement period and along the amphibian movement corridor to
avoid impacts on amphibian breeding and movements
•The EIS also recommends that within sensitive areas, cyclists be prevented from
using the trail and that interpretive signage be installed at trail entrances and
along the trail explaining the sensitivity of the habitats and the role of trail users
Page 161 of 434
A GREAT CITY…FOR GENERATIONS TO COME
Recommendations
1.That Council APPROVE the Official Plan Amendment and Zoning By-law
Amendment to facilitate the development of 626 dwelling units, parkland, and a
stormwater management facility, subject to the regulations and modifications
detailed in this Report;
2.That Council GRANT draft plan approval for the Riverfront Phase 2 Draft Plan of
Subdivision, subject to the conditions contained in Appendix A;
3.That Council AUTHORIZE the Mayor or designate 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;
4.That Council GRANT Draft Plan approval for three years, after which approval will
lapse unless an extension is requested by the Owner/Developer and granted by
Council; and
5.That Council AUTHORIZE the Mayor and City Clerk to execute the Subdivision
Agreement and any required documents to allow for the future registration of the
Subdivision when all matters are addressed to the satisfaction of the City Solicitor.Page 162 of 434
RIVERFRONT PHASE 2
NIAGARA FALLS
COMBINED OFFICIAL PLAN AMENDMENT AND
ZONING BY-LAW AMENDMENT, REDLINE REVISION
DRAFT PLAN OF SUBDIVISION
William Heikoop, B.U.R.Pl., MCIP, RPP
Planning Manager
Upper Canada Consultants
Page 163 of 434
Site Context
Riverfront Phase 1
(Block 12)
Proposed Area of
Development
CP Rail &
Conrail Drain
Environmental
Protection Lands
Environmental
Protection Lands
Environmental
Protection Lands
Page 164 of 434
Proposed
Subdivision
•175 Single Lots;
•47 Blocks of 249 Street
Townhouses;
•6 Blocks of 64 Back-to-Back
Townhouses;
•1 Condominium Block of
138 Stacked Townhouses;
•1 Block for Parkland;
•3 Blocks for 3.5m Multi-Use
Trails;
•1 Block for a SWM Facility;
•1 Block for an EPA
•1 Block for Open Space
•1 Block for 0.3m ReservePage 165 of 434
Official Plan
Amendment
Page 166 of 434
Zoning By-law
Amendment
Page 167 of 434
Single Detached Dwellings
Back-to-Back Townhouse Block
Dwelling Types & Designs
Street Townhouse Block
Stacked Townhouse BlockPage 168 of 434
•Updated Air Quality, Noise and Vibration
Assessment
•Updated Tree Preservation Plan
•Updated Restoration Plan
•Ecological Summary Letter
•Functional Servicing Report and
Stormwater Management Plan
•Updated Traffic Impact Study
•Planning Justification Report
Supporting Studies
Page 169 of 434
Thank you.
Questions?
Summary
Applications for a
Combined Official Plan
and Zoning By-law
Amendment, and
Redline Revision Draft
Plan of Subdivision to
permit the construction
of 626 dwelling units. Page 170 of 434
Preliminary Comments on Official Plan and Zoning Amendment, Plan of Subdivision Riverfront
December 5, 2024
By Dr. John Bacher (PhD)
1. Official Plan Map Phase Two Provides Details as to Key modification in Proposed Riverfront
Community
To understand the essence of the proposed Riverfront modifications it appears the core is to be seen in
the map, “Riverfront Community-Phase 2, Schedule “A” To Official Plan Amendment No. “. The
unnumbered official plan Amendment identifies major changes in the “Open Space” designations in
Riverfront. These lands are labelled as Part Three. The amendment also proposes that lands currently
designated as “Residential” be changed to “Open Space.” These lands are called Part Two.
2. The Subject Lands Are Important as a Treasure House of Biodiversity
The swapping of Part 2 and Part 3 lands are of limited value for biodiversity protection, which since 2008
has been my critical reason for protecting what has become popularly known as the Thundering Waters
land. These lands approximately 500 acres in extent have great biodiversity and encompass a variety of
significant ecosystems. They are a refuge for threatened amphibians, forest interior birds, breeding
habitat for birds of early successional environments, and plant species characteristic of rare prairies and
savannahs. The lands are at the heart of a larger core natural area, encompassing George Bukator Park,
wooded lands owned by Ontario Power Generation, and adjacent protected wetlands that form the
Niagara Falls Slough Forest and Welland River, provincially significant wetland complexes.
3. Subject Lands Have Long Been Recognized as Biodiversity Treasures in Land Use Planning
Studies and Policies.
The ecological complex’s significance was first identified in the Preliminary Proposals for the Niagara
Escarpment Plan in 1976. This was unfortunately not implemented because of the subsequent change
in the boundaries of the plan area. It was identified in 1980 as a Candidate Environmental Significant
Area for the Niagara Regional Official Plan and termed the Ramsey Road Woodlot. The intent of the
1980 study popularly known as the Brady report was in 2008 reflected in the new Environmental
Protection policies of the Niagara Regional Plan, which designated most of the area as an Environmental
Protection Area, EPA. Most of the Ramsey Road woodlot eventually became a protected wetland.
4. To Enhance Protection of Subject Lands More Areas Need to Be Given Environmental
Protection Area (EPA) Designation.
Any review of land use planning designations within the Ramsey Road woodlot area should be to
increase the area in Environmental Protection Area, EPA, designation. Increasing acreage in EPA
designations is not being proposed through the unnumbered zoning and official plan designations.
Enhanced biodiversity protection is not achieved by the proposed swapping of the Part Three and Part
Two lands. No increase in EPA designations is proposed in the unnumbered amendments.
It is correct that Open Space designations do have a reduced environmental impact in comparison to
residential ones. The most obvious one is a reduction in the volume of storm water runoff through such
Page 171 of 434
2
designations. Such designations reduce the amount of air pollution generated in a designated area also.
This does not mean, however, that in the long term, for example twenty years, that open space
designations will prevent species loss.
Open Space designations generally intend to encourage a place for recreational clubs to be established.
These primarily are golf courses and sports fields. While agriculture is always a permitted use in Open
Space designations, this is not what they seek to encourage.
Environmental Protection (EPA) designations are always more restrictive than Open Space ones. While
recreational trails are permitted in EPA lands, golf courses and playing fields are not. Golf courses and
other intense recreational areas generally use pesticides on a heavy scale, which harmfully impact
wildlife. Open Space designations also encourage the removal of natural vegetation for human athletic
activities. They are more temporary than EPA designations and are changed without public debate:
frequently to permit residential development as shown by the now closed Thundering Waters Golf
Course.
One of the reasons for the new Open Space zoning in the southern area of Riverfront appears to be
sewage infrastructure such as an adjacent sewage pumping station. My understanding is that such uses
can be accommodated within the EPA designations, as my experience with the Warren Woods
subdivision, which resulted in an OMB hearing titled Bacher versus Niagara Falls, illustrates.
Agricultural designation tends to have a better impact on Biodiversity than Open Space uses. In the area
of the Ramsey Road woodlot, a key biological indicator species, is the federally threatened Western
Chorus Frog. This species does make use of ditches in agricultural areas, especially when they connect to
woodlands. The species is not favored in golf courses. Another species of indicator, the Snapping Turtle,
while surviving in golf course ponds, prefer habitats with slow-moving water, soft mud and dense
aquatic vegetation.
5. Proposed Eliminated Part Three Designation Serves Useful Planning Purpose
The upzoning involved in the proposed removal of the Part Three Open Space designation has a negative
environmental impact. The Part Three lands in their current designations, provided on the east and west
side, buffering for a wetland which in the Environmental Impact Study (EIS) for Riverfront, was identified
as Wetland 5. I have on many times in the summer months, heard calls from the Green Frog in this
location. More significantly the Riverfront EIS found that Wetland 5 provides breeding habitat for the
Regionally Rare, Blue-Spotted Salamander.
It is obvious that the replacement of Open Space designation by a Residential One would harm the
amphibians which currently live in Wetland 5. There would inevitably be a higher road density in this
area which would increase mortality to amphibians who, during parts of their life cycles, go beyond the
confines of Wetland 5. The change would also imperil amphibians that move from Wetland 5 to the
largest part of Niagara Falls Slough Forest, which has old growth characteristics. What is now called Part
Three was promised by a land use planner from the then property owner, GR Canada , at a public
3.
Page 172 of 434
information session as a park. This area appears to be larger than the only 2.176 acres now proposed by
the current owner, Centennial Construction. One of the worst aspects of the change from the existing
Riverfront Plan to that now being proposed is a reduction in the amount of parkland dedication
facilitated by the zoning changes proposed for what is termed Area 3.
6. Proposed Part 2 Lands Near Wetland 6 Should Be Designated as EPA area
A component of the Niagara Falls Slough Forest was identified in the Riverfront EIS as Wetland Number
6. The Part 2 lands which are proposed to be changed from Residential to Open Space here in effect, a
beneficial buffer for this wetland area, which would if enacted, reduce harm to amphibians moving
beyond the limits of Wetland 6.
The buffer proposed through Open Space zoning for Wetland 6, is comparable to what the same
unnumbered official plan amendment proposed to eliminate for Wetland 5. Such logic does not make
sense. Both wetlands and the species that live in them are worthy of comparable protection, which
should be enhanced to EPA designation.
The background papers prepared for the Public Information Meeting indicate that the illegal tree cutting
led the Niagara Peninsula Conservation Authority (NPCA) to issue a Notice of Violation in the vicinity of
the Part 2 area adjacent to Wetland 6. This is a further reason why the area to facilitate the recovery of
the wetland should be designated as EPA.
It is indicated in the background material that the illegal cutting was an accident. Based on the Public
Information Meeting, this was an accident that could have been avoided had reasonable precautions
been undertaken. The cutting went on for three days. During this time the ecological consultants for the
then owner, GR Canada were not on site, whose guidance could have prevented the damage which
resulted in the Notice of Violation.
7. Part Two Lands in Southern Riverfront Should Be Designated EPA.
Background studies for the official plan and zoning amendments indicate that it was previously not
understood how streams flowed underground through pipes to flow into the wetland area around the
unnamed stream that flows into the Welland River.
The recently released background studies simply confirm the significance of the areas proposed to be
changed from Residential to Open Space. The piped flow into the wetland along which appears to be the
former Warren Creek before it was cut by Ontario Hydro after the First World War, provides a year long
ponding which provides valuable specialized habitats. Unlike the vernal pools which favor the Chorus
Frog, these provide habitat for the declining Bullfrog and two species at risk, the Snapping Turtle and the
Midland Painted Turtle.
The ecological significance of Part Two lands near the Chippawa Parkway shows why the more recent
research conducted by Centennial Construction clearly shows why these lands need full EPA protection.
They are critical for year long ponds which provide habitat for the declining Bullfrog and At-Risk Turtles.
4.
Page 173 of 434
8. Entire Phase Three Area of Riverfront Should Be Placed in EPA Designation.
The Upper Canada Consultants map for Riverfront shows an entire area of Riverfront which was
excluded from the proposed development because of its location as habitat for a Threatened
wildflower, the Dense Blazing Star as Phase Three. The map illustrates what is termed the Proposed
Storm Drainage Area Plan. A map called Wetland Illustration by the same company shows this entire
area except for a buffer for the wetland area identified in the Riverfront EIS as Wetland 10, as lots and
streets for what appears to be single family homes.
The current designation for the Phase Three lands is Development Holding. To actually have any
development on these lands would require a zoning amendment. This appears to be unchanged by any
proposed zoning amendment to be discussed at the Public Information Session. However, the maps
prepared for the meeting show lots and streets on these lands show .There is a clear need for an EPA
designation on them to protect the habitat of a Threatened Wildflower species.
Concern for the habitat of the Dense Blazing Star was addressed in two letters to John Barnsley, then
Manager of Policy Planning for the City of Niagara Falls, by Tara McKenna, District Planner for the
Ministry of Natural Resources and Forestry (MNRF), dated December 11, 2017, and April 30, 2018. The
last letter clearly “recommends mapping the area around the Dense Blazing Star where the grassland
species occur.” This has still not been done. In all the mountains of material assembled by for this
meeting, no new material regarding where the habitat of the Dense Blazing Star is has been provided.
On November 25, 2024, I walked to the area in what is now called Phase Three, with the help of
construction workers onsite who were previous to my visit, unaware of the Dense Blazing Star species,
let alone its location. About seven years earlier my friend Daniel Nardone discovered with me this
colorful purple wildflower, which is of great benefit to bees and other pollinating insects. After this
discovery, its location was confirmed in two letters by MNRF.
What I viewed recently of the habitat of the Dense Blazing Star was a great concern to me. I was able to
confirm the species was still on site. However, its survival appears to be a miracle. Close to its habitat
was a high pile of mud, a Johnny on the Spot and a crushed stone parking lot. The Threatened Species
was almost buried alive, which had it taken place would have been a serious violation of the Endangered
Species Act. A snow fence should be established immediately to protect the habitat of the Threatened
Dense Blazing Star.
The lands designated for Phase Three in Upper Canada’s map should be designated EPA. They are
significant not only for the Dense Blazing Star, but also for another prairie species, the Butterfly
Milkweed, which is rare in the Niagara Region. These lands also breeding habitats for three declining
bird species, the Field Sparrow, the Brown Thrasher, and the Black Billed Cuckoo. They benefit from the
savanna nature of Phase Three being early successional birds.
Summary of Recommendations 5
Page 174 of 434
A) The land currently designated as Open Space surrounding most of Wetland 5, should be
designated EPA. This would help honor a parkland promise.
B) The lands identified as Part 2, adjacent to Wetland 4, and the Welland River Wetland Complex
proposed for redesignation to Open Space from Residential should be designated EPA. This would
help in the recovery from illegal tree cutting and protect the habitat for declining Bullfrogs and At-
Risk Turtles that benefit from adjacent ponds.
C) The area identified as Phase Three Should Be Designated EPA. This would protect the habitat of
Threatened Dense Blazing Star, which should be immediately protected by a fence.
While modestly increasing EPA designations as this brief urges, will slightly reduce land available for
residential development, having features such as a spectacular wildflower meadow protected
would increase the value of lots sold. Some of the EPA lands around Riverfront, moreover, could be
secured through parkland dedication as was pledged in the past around Wetland 5.
Page 175 of 434
1
Zoning Changes Pursuant to Riverfront
By Dr. John Bacher (PhD) April 2 2025
1. Apparent Error in Description of Existing Zoning on December 2, 2024, Public
Information Meeting Riverfront Development.
There appears to be an important error made at the Riverfront Development Public
Information Meeting. The current zoning on lands east of what has been defined as
Wetland Number 5 in the Savanta Environmental Impact Study (EIS) concerning this
development, was described by consultant William Heikoop, as I recall, “probably
industrial.” This description is contrary to a map I was provided by the previous owner,
GR Canada, in a “Notice of Motion”, which sought to “Dismiss” my “Appeal Without a
Hearing”, Zoning By-Law, No. 2020-14 at the Local Planning Appeal Tribunal. (LPAT).
Upon the dismissal of my appeal by LPAT, the zoning of the Riverfront lands became
defined by the text of by-Law No. 2020-14. These lands are mapped in Tab P, Schedule
1.,and indicate that through this amendment, the zoning of lands which were described
as Industrial at the Information Session, became either R4-1133 (Residential 4), or
Open Space (OS). My concern is, that the current official plan, in not appropriately
recognizing the connection of these three wetland blocks, facilitates the proposed
zoning amendments, which if approved, would lead to fragmentation of these significant
natural habitats.
2. Official Plan and Current Zoning By-law in Effect Buffers Wetland Block South
of Rail line with Open Space protections.
South of the Canadian Pacific Railway (CPR) line is a component of the Niagara Falls
Slough Forest (NFSF) a Provincially Significant Wetland complex. This has been
identified by an Environmental Impact Study (EIS) undertaken by the previous owner,
GR Canada, as Wetland 5. In addition to supporting various species of frogs, Wetland 5
was found in the EIS, through surveys conducted by the developer’s consultant Savanta
as providing breeding habitat for the regionally rare Blue Spotted Salamander.
At a public consultation regarding the Official Plan amendments to facilitate the
Riverfront development, it was indicated that the original proposal was modified to have
a park south the CPR line. This promised intent was carried out in the Official Plan. The
concept however, was never fully implemented into the zoning by-law.
The zoning by-law carried out the official plan insofar that west of Wetland 5 an Open
Space zoning designation was established. This Open Space zoning provided a linkage
between two wetland parts of the Niagara Falls Slough Forest (NFSF) wetland complex,
Page 176 of 434
2
which are termed Wetland 5 and 6 in the EIS. West of wetland Five however, the intent
of the Official Plan, which would have created a linkage to largest block of the NFSF
south of Riverfront was not honored. These lands became designated as R4, for
residential purposes.
I became aware of the departure from the Official Plan to the Zoning by-law only after
receiving the document book to dismiss my appeal of the zoning by-law. This significant
departure from the intent of the zoning by-law appears to me to be a violation of a basic
rules of land use planning .This is, that zoning implements the general intent of the
official plan, although some minor fine tuning is permitted.
I read all the reports from the Planning Department and the developer, and attended all
the public meetings in the preparation of the zoning by-law for the Riverfront lands. In
this process, I found that there was no acknowledgement of the departure from the
Official Plan for the Riverfront lands i.e. the actual zoning bylaw in the R4 zoning
between the Wetland 6 lands and the largest component of the NFSF south of the CPR
rail line. I found this change, unlike most of the zoning changes, was made without a
Public Meeting under the Planning Act,. There was never a reason given for the
proposed change, comparable to that provided at the recent Public Information meeting,
that a park was needed in a more central location in Riverfront.
At the LPAT hearing to dismiss my appeal, the issue of modifications at the last minute
did arise . This was however, defended by legal counsel for GR Canada on the basis
that such minor changes can be approved by council without public notice.
I raised the issue of the barrier to the movement of amphibians to the components of
the NFSF posed by the R4 zoning between two components of the NFSF with an
ecologist, Dr. Mike Dickman. However, I was told by my solicitor that I could not enter it
as evidence since I was unable to have it both signed sworn and typed on time for the
deadline for submission of evidence.
3. December 2, Public Information Session Indicates that Part of Lands
Designated in Official Plan as Open Space Around Wetland Six are Still in
Forest Cover.
At the Public Information Session an air photo was presented which showed substantial
tree cover around Wetland 5 on both sides. In response to my question, Mr. Heikoop
confirmed that these trees were all still standing. He indicated that eventually, any
cutting here would be restricted through a tree saving plan. These plans, however, are
not developed until final approval has been granted for the Plan of Subdivision. A draft
plan could be circulated for public comment at an earlier stage, but doing so is not a
legal requirement.
From my attendance at the December 2, 2024, Public Information Session, it appears
the only area where forest cover is planned to be removed is around Wetland 5. The
presence of this forest seems to be a consequence of the thirty-meter buffer around
Page 177 of 434
3
protected wetlands that guided the Tree Cutting Plan established by the existing
Riverfront Zoning by Law and Plan of Subdivision, which the current owner is attempting
to modify. The cutting of these trees appears to be the worst environmental
consequence of the zoning modifications being proposed for the Riverfront
development. The number of trees that would be cut is currently not known.
I have examined the Tree Preservation Plan made as a result of the proposed
Riverfront Phase Two zoning amendments. From information provided in this plan, it is
clear that significant additional tree cutting is being proposed, in part because of
reductions in the 30 meter buffer which formed the basis of the earlier Tree Cutting
Plan. There are some 167 inventoried additional trees to be cut. These trees are largely
White Willow and Eastern Cottonwood, both native species. The plan indicated that “no
obvious signs of widespread disease were evident.” The buffer around Wetland 5 has
been reduced to 15 meters that around the large wetland block to 20 meters. No
explanation has been given for the reductions in the buffers around protected wetland.
The Public Meeting to consider the zoning amendments for Riverfront Phase Two
should be delayed until this takes place.
4. Official Plan Should Be Implemented in Final Riverfront Design
The developer has not presented compelling explanations as to why the concept of the
linear park linking three components of the NFSF wetland complex should not be
implemented in the zoning by-law and plan of subdivision for what is now called the Phase
Two area of the Riverfront development. Strangely, the existence of a separate zoning
by-law for the Riverfront lands was denied in the Public Information Session, and its
creation of a R4 zoning for the lands, west of Wetland 5. (contrary to the Official Plan)
wrongly claimed that the zoning on the subject lands was industrial.
There has never been any written explanation by a professional planner for the
elimination of the linear park south of the CPR rail line. There has only the verbal
justification made at the December 2 Public Meeting, which erred in its description of
the current zoning on these lands.
The area proposed for Parkland dedication is quite minimal. According to information
supplied by the developer, in the Phase Two area (which is the subject of the proposed
zoning changes), the area to be dedicated to parkland is only 1.27 hectares. No
comparison has been made to the current land in Open Space zoning west of Wetland
5, intended for parkland in the Official Plan and zoning by-law. And, no calculation has
been made of the area east Wetland 5, which was designated in the Official Plan, but
removed through what appears to be an opaque process in the Zoning Bylaw.
Page 178 of 434
4
5. Connecting Wetlands More Important Than Debate Over Planning History of
Riverfront
The debate over the history of zoning and official plans at Riverfront in connection to
Riverfront is important only insofar as it relates to the problem of the isolation of three
wetland blocks, which in the Official Plan put forward at the last Public Meeting to
approve Riverfront under the Planning Act ,were connected. In the interest of both the
developer and the goal of protecting the wildlife which makes the various components of
the NFSF significant, I will identify the small number of residential lots which would be
needed to be removed from Riverfront to achieve this goal.
My calculations of the problem lots are based on the lots shown on the Proposed Storm
Drainage Map. All of these lots are immediately south of the Canadian Pacific Railway
(CPR) right of way. There are legitimate planning grounds around buffering to eliminate
lots adjacent to railway rights of way. Such lots were used for parkland around the
Fernwood subdivision on Garner Road. It has evolved into a well forested natural
habitat that is part of the City of Niagara Falls, Fernwood Park.
The Storm Water Map shows five lots all immediately south of the CPR line and the
wetland components of the NFSF. Eliminating these lots would establish a wildlife
movement corridor between the D 12 components (a 2.78 hectare area) of the NFSF
and D 13. ( a large 12.46 area) It demonstrates also the number of lots between what is
termed the D 12 wetland area and what is labeled as the H10 wetland of 3.85 hectares.
From the information session it appears that the original linear park was abandoned
because of the need of a more centrally related park to be of benefit to residents of the
Phase Two Riverfront development. While such a park may be beneficial it should not
be at the expense of disconnecting wetlands, especially as such connectivity can be
retained with only the loss of seven lots.
6. Lands Owned by the Applicant Not Needed for Phase One and Phase Two
Should Transferred in Ownership as Condition of Approval
After the development is completed the area owned by the applicant is quite
environmentally significant. Most of these lands area currently designated as
Environmental Protection Areas (EPA) in the Niagara Falls Official Plan, based on their
status as Provincially Significant wetlands.
The spokesperson for the applicant with Upper Canadian Consultants indicated that
continued ownership of the lands was a burden, not a benefit to the owner. Such
burdens include responsibility for the disposal of trash illegally dumped into these areas.
He further indicated that in this situation in St. Catharines, planning policies would
actually require the donation of such lands to the city. It is to be hoped that if this is
correct that similar policies will be introduced into the new Niagara Falls Official Plan.
Page 179 of 434
5
There is nothing however, that would prohibit the developer from making such a
donation. This happened successfully in the Fernwood subdivision, and in so doing
protected habitats for the at risk, Round-Leaved Greenbrier, the White Wood Aster and
a rare Buttonbush community.
The wetlands owned by the applicant designated as EPA are highly environmentally
significant. The largest block is essentially an old growth slough wetland (swamp) forest,
dominated by tall often century old oaks. The EPA wetlands are important for breeding
amphibians, most notably Chorus Frog, which is federally listed as at risk, and the Blue
Spotted Salamander, a regionally rare species.
Between block of EPA designated wetlands north of the Chipawa Parkway and the H10
wetlands previously cited are a block designated by Upper Canada consultants as
Phase 3. These lands are habitat for a Threatened Wildflower, the Dense Blazing Star,
of great benefit to pollinating insects. Unlike the lands proposed for zoning change they
are currently designated as Development Holding. These also provide habitat for three
significant declining bird species, the Black Billed Cuckoo, the Field Sparrow and the
Brown Thrasher. This would be an excellent opportunity to protect these lands as a
condition of approval for the zoning changes requested for Phase Three of Riverfront,
after the Public Meeting on Phase Two of Riverfront and Council approval.
7. Additional Comments Made in Response to March 25, 2025 Letter From Upper
Canada Consultants
On March 25, 2025 Upper Canada consultants wrote to the Planning Department a
detailed response to my concerns. This was shared with me a few days later. I will now
write a response to the various points made in this letter.
A) Dense Blazing Star
In there response, Upper Canadian consultants to not challenge key points I made
regarding the area termed Phase Three Riverfront which provides habitat for the
Threatened Dense Blazing Star. It appears that until I spoke with the workers onsite,
they were not aware that this Threatened Species was present. While the conditions I
complained about the parking lot, mud pile and Johnny on the Spot were subsequently
corrected, it is disturbing that the habitat was put in such a precarious position.
The approval of zoning Amendments in connection with Phase Two of Riverfront
provides City Council with an important opportunity to protect the Dense Blazing Star
habitat. As a condition of approval of Phase Two, this area can be designated based on
the presence of a Threatened Species as an Environmental Protection Area. (EPA)
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6
B) Claim of lack of Impact on Core Natural Features
In claiming the lack of impact on “Core Environmental Features”, Upper Canadian
consultants ignore the proposed reductions in the buffer areas around two protected
wetlands, which would have been part of a proposed linear park put forward in the
Public Meeting associated with the official plan amendments on these lands. As earlier
stated, this amounted to a reduction of 30 to 15 meters around the area identified in the
Savanta EIS as Wetland 5, and a reduction from 30 to 20 around the largest wetland
block. This will damage movement of the regionally rare Blue Spotted Salamander,
which has been identified as present in both wetland blocks. It will also damage tree
roots, one of the reasons for the original 30 meter buffer.
C) Denial of Up-zoning
Rather than up-zoning it is asserted that there is a reconfiguration. One disturbing
aspect of this reconfiguration, is that 167 mature native trees will be cut down as a
result. Lands in the proposed future park had trees removed earlier, some of which
were cut illegally, triggering a Notice of Violation from the Niagara Regional
Conservation Authority. (NPCA)
In summary what I am asking for would be good for both the environment and the
developer. The standards we are proposing are very similar to what a prominent
developer Eric Henry put forward in the Fernwood development, which increased the
sale prices of his units.
D) Tree Removal
In response to my comments on tree removal, Buckthorn is not part of the 167 trees
which the Tree Removal Plan indicates will be cut. These trees are predominately White
Willow and Eastern Cottonwood. Much of the cutting is proposed on lands which were
protected in the original tree saving plan as wetland buffers. Future tree planting will
take a long time to replace the mature trees that are planned to be cut largely in what is
proposed as a future recreational park.
E) Open Space Block Southern Edge of Property
There is a lengthy response by Upper Canadian Consultants regarding my request that
the southern block, which is set aside for pollution control, be designated EPA. In their
response there is no disputation that EPA designations are compatible with the
proposed pollution control facilities. There is an additional reason for the EPA
designation which I will now provide. Sometimes the pollution control methods change
Page 181 of 434
7
as subdivision designs are modified. North of Oldfield Road it was later found that lands
were not needed for pollution control. If an EPA designation is put in place, and such
design changes are made, the subject lands will not be developed for residential
purposes, and will remain as natural habitats.
F) Change of Ownership
The long comments from Upper Canadian Consultants fail to challenge one of my key
points in my detailed submissions made over the last for months. This is that the
existing EPA lands should have a change of ownership as a condition of approval,
which appears even more reasonable with the suggestion that they be surrounded by a
chain link fence. This can be done as a condition of approval for any zoning changes
associated with Phase Two.
A chain link fence to prevent dumping should have been placed around the protected
wetlands long ago. One of my most poignant memories is walking along the abandoned
Ramsey Road bridge over Wetland 5 in 2008. As I walked over the bridge there was an
explosion of jumping of Bullfrogs in Wetland 5 below. More recently, I am relieved
simply to hear the call of a solitary Green Frog, in a pond which has become damaged
by trash. Such a pattern in itself is a vivid reason why a change of ownership for EPA
lands should be a condition of approval for this development.
G) Summary
In summary the suggested changes are minor and will assist the developer. They are
similar to what was achieved through my work and that of Jean Grandoni, in connection
with the Fernwood residential development. As noted , the developer Eric Henry
benefitted from the higher prices he received from the sale of the remaining lots.
Page 182 of 434
1
Mackenzie Ceci
From:Joyce Sankey < >
Sent:Monday, December 2, 2024 3:25 PM
To:Mackenzie Ceci
Subject:Re: City of Niagara Falls Notice of Public Information Open House - AM-2024-027 &
26T-11-2019-001 - Part 6357 Progress Street (Riverfront Phase 2)
Follow Up Flag:Follow up
Flag Status:Completed
Hello MacKenzie,
My main concern is the protection of the remaining wetlands, woodlands and wildlife habitat. Is the
planning department looking into ways that would give these areas protection? Would the NPCA be
willing to protect these natural features?
Cheers,
Joyce Sankey
Page 183 of 434
1
Mackenzie Ceci
From:Linda Manson < >
Sent:Thursday, November 28, 2024 7:35 AM
To:Mackenzie Ceci
Subject:Re: City of Niagara Falls Notice of Public Information Open House - AM-2024-027 &
26T-11-2019-001 - Part 6357 Progress Street (Riverfront Phase 2)
Follow Up Flag:Follow up
Flag Status:Flagged
McKenzie,
Thank you for inserting "(Riverfront Phase 2)" in the subject line of this email, unlike in the NOTICE
OF APPLICATION & OPEN HOUSE attached and on the city site.
Hundreds of people have been fighting this destructive development for a decade, under its various
names (Paradise Niagara, Thundering Waters, Riverfront Community).
To have it now appear as "Part 6357 Progress Street" (easily overlooked as an industrial area
development of some kind) is ... well, words cannot convey the frustration.
More importantly, I sincerely hope this name change does not lead to oversights in follow-thru on
instructions issued to its various "aka" along the long path to destruction.
How ironic, to be looking at the current aerial of what used to be a massive forest, see how it has
been clear-cut, and have it presented under the name "Progress Street."
The only hope for the remaining EPA is to be sold or given to a conservation organization --- for long-
term protection.
Kind regards in return,
Linda
P.S. It would be a nice courtesy, for transparency, to actually insert (Riverfront Phase 2)" in the
headline of the actual notice of statutory Public Meeting with City Council. Maybe even include
reference to "formerly aka Paradise Niagara, Thundering Waters, Riverfront Community" in the body
of it. A gal can hope.
Page 184 of 434
PBD-2025-22
Planning
Report
Report to: Mayor and Council
Date: April 8, 2025
Title:
AM-2024-008, Official Plan and Zoning By-law Amendment
Application
5567 Ontario Avenue and adjacent vacant parcel to the south
(Lot 15), Lot 16, Plan 328; and Lot 15 Plan 328; City of
Niagara Falls
Proposal: To increase the permitted density, rezone the
subject lands to recognize the legal non-complying 3-storey
apartment building on Lot 16, and rezone Lot 15 to permit a
3-storey apartment building.
Applicant: DSV Capital Management Corp and Dominic
Spedaliere
Agent: Robert Smit (NPG Planning Solutions)
Recommendation(s)
1. That Council APPROVE the Official Plan Amendment and Zoning By-law
Amendment to increase the permitted density, rezone the subject lands to
recognize the legal non-complying 3-storey 7-unit apartment building located at
5567 Ontario Avenue (Lot 16 – Plan 328) and to rezone the vacant lands (Lot 15 -
Plan 328) located to the south of 5567 Ontario Avenue, to permit a 3-storey 11-unit
apartment building, subject to the regulations detailed in this Report.
2. That Council APPROVE Official Plan Amendment No. 042 and pass the related
Zoning By-laws with the Holding provision included in tonight’s agenda. Prior to
removal of the Holding Provision, the applicant is required to apply for a consent
application and register on title reciprocal easements for access and parking prior
to registering the site plan agreement on the south side of 5567 Ontario Avenue
(Lot 15 – Plan 328) and for (Lot 16 – Plan 328) at 5567 Ontario Avenue. This will
allow for Lot 15 - Plan 328 to have access from Lot 16 – Plan 328 and to have
shared access and parking for both properties.
3. That Council AUTHORIZE the amending by-law which includes a sunset clause to
require the execution of a Site Plan Agreement within three years of the amending
by-law coming into effect, with the possibility of a one-year extension at the
discretion of the General Manager of Planning, Building and Development.
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Executive Summary
The applicants (DSV Capital Management Corp and Dominic Spedaliere) have
requested an Official Plan and Zoning By-law Amendment for a parcel located at 5567
Ontario Avenue (Lot 16 – Plan 328) and a vacant parcel (Lot 15 - Plan 328) located to
the south of 5567 Ontario Avenue. The application proposes to recognize an existing
legal non-complying 3-storey 7-unit apartment building Lot 16 – Plan 328 and a new 3-
storey 11-unit apartment building located on Lot 15 - Plan 328 to the south side of 5567
Ontario Avenue. Details of the proposal are shown on Appendix 1 - Location Map,
Appendix 2 – Site Plan, and Appendix 3 – Elevation Drawings.
The applicant is seeking an Official Plan Amendment to establish a special policy area
that would increase the permitted density from 100 units per hectare to 155 units per
hectare for both parcels.
The subject properties are currently zoned Residential Two (R2) under Zoning By-law
No. 79-200, as amended. The applicant proposes to rezone 5567 Ontario Avenue to a
site-specific Residential Apartment Density (R5B) zone to recognize the existing
apartment building and its zoning departures. Additionally, the applicant seeks to rezone
the vacant parcel to the south (Lot 15, Plan 328) to a site-specific R5B zone to allow for
a three-storey, 11-unit apartment building. The rezoning includes relief from various
zoning requirements, such as minimum lot area, lot frontage, front yard depth, interior
side yard width, parking standards, parking stall width, maneuvering aisle width,
landscape open space, and amenity space.
The Official Plan and Zoning By-law Amendments are recommended for the following
reasons:
The proposed development conforms to Provincial, Regional, and City policies as
it will contribute to the minimum intensification target of 50% of all residential
units constructed in the Delineated Built-Up Area and provides intensification
where appropriately serviced.
The proposal will help diversify the housing supply within the urban area while
minimizing land consumption. It also promotes the efficient use of existing
municipal infrastructure and services through the recommended regulations,
which are appropriately designed to regulate the proposed use.
A public open house was held on February 19th, 2025. The agents, owner and a
member of the public attended the meeting. There was a discussion regarding the
proposed sidewalk on the south side, staircase, roof design and the impact of snow,
grading, fencing and driveway access.
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Background
Proposal
The subject property located at 5567 Ontario Avenue (Lot 16 – Plan 328) and the
vacant parcel to the south (Lot 15 – Plan 328) are both approximately 0.12 hectares
(0.29 acres) in size. Both parcels are rectangular in shape and are located on the north
side of Ontario Avenue between John Street and Hiram Street.
The subject properties are designated Residential in the City’s Official Plan. An Official
Plan amendment is required as the proposal exceeds the 100 units per hectare allowed
in the Built-Up Area for an Apartment dwelling. The applicant is requesting to place the
subject properties under a special policy to permit a maximum density of 155 units per
hectare.
The subject properties are currently zoned Residential Two (R2) under Zoning By-law
No. 79-200, as amended. The applicant proposes to rezone 5567 Ontario Avenue to a
site-specific Residential Apartment Density (R5B) zone to recognize the existing
apartment building and its zoning departures. Additionally, the applicant seeks to rezone
the vacant parcel to the south (Lot 15, Plan 328) to a site-specific R5B zone to allow for
a three-storey, 11-unit apartment building. The rezoning includes relief from various
zoning requirements, such as minimum lot area, lot frontage, front yard depth, interior
side yard width, parking standards, parking stall width, maneuvering aisle width,
landscape open space, and amenity space.
The applicant is requesting that the Official Plan and Zoning By-law amendments be
approved on the same evening as the staff report, as they must submit their application
for construction financing to the Canadian Mortgage and Housing Corporation (CMHC)
by April 30, 2025. CMHC requires that projects be “shovel-ready,” which includes
documentation from the municipality confirming that zoning has been approved. The
applicant is applying for construction financing from CMHC. CMHC will not accept the
application without the zoning being approved.
The amending zoning by-law is required to have applied a Holding (H) provision. The
applicant prior to registering the site plan agreement on the south side of 5567 Ontario
Avenue (Lot 15 – Plan 328) and for (Lot 16 – Plan 328) at 5567 Ontario Avenue is
required to apply for a consent application and register on title reciprocal easements for
access and parking. This will allow for Lot 15 - Plan 328 to have access from Lot 16 –
Plan 328 and to have shared access and parking for both properties. Once the City is
satisfied this requirement is complete, the Holding provision can be lifted.
Site Conditions and Surrounding Land Uses
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The subject properties are both approximately 0.12 hectares (0.29 acres) and
rectangular in size. They are located on the south side of Ontario Avenue, between
John Street and Hiram Street. The property located at 5567 Ontario Ave has an existing
3-storey 7-unit apartment building with parking located behind the building and the
property to the south side of 5567 Ontario Avenue (Lot 15 – Plan 328) is a vacant
parcel.
Surrounding land uses include:
North - Single Detached Dwellings
South - Multi-Residential and Single Detached Dwellings
East - Single Detached Dwellings
West - Olympic Torch Run Legacy Trail
Circulation Comments
Information about the requested Official Plan and Zoning By-law Amendments were
circulated to City departments, agencies, and the public for comments. The following
summarizes the comments received to date.
Niagara Region
A stage 1 and Stage 2 Archaeological Assessments were completed by Amick
Consultants Ltd. (dated June 28, 2024). The Ministry of Citizenship and
Multiculturalism has not yet provided a letter confirming that all archaeological
resource concerns meet licensing and conservation requirements. Regional staff
are satisfied that this requirement can be addressed as part of the future site plan
application for the proposed apartment building.
The site is eligible for enhanced front-end bin collection of garbage, provided that
the owner bring the waste to the curbside on the designated pick-up day, and
that the following limits are met:
Green – no limit (weekly)
Waste – 2 bag/can limit per unit to a max. of 22 bags/cans per building (bi-
weekly)
If the site cannot meet the requirements for on-site collection, then waste
collection will be the responsibility of the owner through a private contractor. This
will be addressed as part of the future site plan application.
Mississauga of Credits First Nation
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The information was circulated and no concerns or comments received.
Building Services
Further detailed and site-specific Ontario Building Code construction
requirements will be addressed during the building permit application process.
All necessary fees and securities will be assessed during the building permit
review.
City, Regional, and Educational Development Charges (Catholic School Board)
will be assessed at the time of building permit review.
A geotechnical report/subsurface investigation containing soil bearing capacity,
underground water data, seismic data, foundation recommendation, etc. shall be
provided at building permit application submission.
Fire Services
Fire Services have no objections or concerns.
Urban Design & Landscape Services
Parkland dedication shall be provided as a cash-in-lieu payment for the newly
created residential units at a prescribed rate of 5 % for residential uses. A
Landscape Plan will be required as part of the future site plan application,
conforming to the City's Site Plan Guidelines with respect to drawing
requirements and site design. A Tree Preservation Plan will be required to
illustrate how municipal trees located on public lands west of the subject
properties will be protected and preserved through the construction.
Municipal Works (Development Engineering)
Staff have no concerns or objections. A detailed review of the proposed
engineering design will occur at the Site Plan Application stage. The following
should be addressed prior to that submission:
Functional Servicing Report: Confirmation of watermain capacity is required.
The third-party modelling was reviewed indicating that existing sewers have
capacity, and the proposed flows will not significantly impact on this
development.
Municipal Works (Transportation Services)
A parking demand study prepared by GHD dated September 10, 2024, which
was provided with the application. The developer’s traffic consultant was asked
to undertake a study to determine the parking demand of the existing site at 5667
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Ontario Avenue as the proposed building appears to be comparable in
size/scope to the existing building. Transportation Staff accept the findings of the
study and can support the requested 0.94 parking spaces per unit rate.
Transportation Staff has no objections to the reduction in the minimum aisle
width, from 6.3m to 6.0m, for the 2.75m wide parking stalls.
There is no transit service on Ontario Avenue. The closest transit stops are on
Victoria Avenue, about 300m away from the subject lands.
Legal Services
No concerns with respect to the applications.
GIS Services
No objections or concerns. A unit plan should be provided for review at the site
plan application stage.
Neighbourhood Comments
A public open house was held on February 19th, 2025. The agents, owner and one
member of the public attended the meeting. There was a discussion regarding the
proposed sidewalk on the south side, staircase, roof design and the impact of snow,
grading, fencing and driveway access. The following are staff responses to the
comments received at the open house:
Comment Response
Proposed Sidewalk
Location
The proposed sidewalk will be constructed at the
same elevation as the adjacent property to ensure a
smooth and seamless transition between the public
sidewalk and private sidewalk. The sidewalk's
placement and grading will be carefully considered
to maintain proper drainage and ensure compatibility
with existing site conditions.
Staircase
Any snow removal from the staircase will be
contained on-site with no spillage onto 5583 Ontario
Avenue.
Roof Design
The roof design on the flat roof of the building will
include roof guards which will mitigate any snow
spillage onto 5583 Ontario Avenue.
Impact of Snow
The owner stated in the meeting that any snow
spillage onto 5583 Ontario Avenue will be mitigated
through future building design which will include
guards on the flat roof.
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A board-on-board fence will be constructed adjacent
to 5583 Ontario Avenue, which will prevent snow
crossing the property line, provide privacy and not
allow light from the headlights to trespass vehicles
spilling into the neighbours property.
Grading
The site grading will slope away from the
neighbouring property and will be thoroughly
reviewed during the site plan agreement process. All
drainage must be dealt with on site and cannot
impact neighbouring properties.
Driveway Access
The driveway will be widened to 6 metres, allowing
two-way traffic at the front lot line ensuring vehicles
will not queue on the street. This will be reviewed
and a requirement of the site plan agreement.
Analysis
Provincial Policies
City planning decisions are to be consistent with the Planning Act and the Provincial
Planning Statement, 2024. The proposal is consistent with the following matters of
Provincial interest:
The proposed development satisfies matters of provincial interest as outlined in Section
2 of the Planning Act.
The proposed development is located within a designated settlement area and supports
the creation of a complete community by providing residential intensification within
walking distance of existing commercial amenities. The new apartment building will
make efficient use of an underutilized property while enhancing accessibility to the
Clifton Hill Central District and the Victoria Avenue commercial corridor, offering
residents convenient access to a diverse range of commercial and employment
opportunities.
The proposed intensification and redevelopment of this vacant parcel represent an
efficient and effective use of underutilized land, making optimal use of existing municipal
infrastructure and services. Additionally, the existing apartment building on the site
already benefits from these established services, further supporting the efficient use of
resources.
The proposed apartment is appropriately designed within the fabric of its surrounding
community. It features a low-rise apartment building, compatible with the existing built
form and the adjacent apartment building.
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Regional Official Plan
The subject land is designated as Urban Area (Built-up Area) in the Regional Official
Plan. Regional Policies direct growth to settlement areas where existing servicing
exists, and a range of housing choices and transportation options can be provided. The
proposed development is within the urban area and contributes to the minimum
intensification target of 50% for all residential units occurring annually within the City of
Niagara Falls.
City’s Official Plan
The subject land is designated Residential and is located within the Built-Up Area. The
maximum density requirement for an apartment building located in the Built-Up Area is
100 units per hectare. The applicant requires an Official Plan Amendment to
redesignate the properties under a special policy area to permit a maximum density of
155 units per hectare with a total of 18 residential units on both properties. The
recommended Official Plan Amendment bylaw is included in Appendix 4 and on
tonight’s agenda.
When considering an Official Plan Amendment, Council is to consider the conformity of
the proposal with the general objectives of the Plan, the suitability of the site or area for
the proposed use, the compatibility of the proposed use with adjacent land use
designations, the need for the use, the availability of adequate municipal services and
facilities for the proposed use, and its financial implications.
The proposal complies with the intent of the Official Plan as follows:
The proposed new apartment building and the existing apartment building
represents an efficient use of serviced urban land with the increased density of
155 units per hectare as both transportation and municipal infrastructure have
adequate capacity to accommodate the proposal;
The proposed new apartment building will develop a vacant parcel into a
multiple-unit rental development, for one-bedroom units, making more efficient
use of an underutilized site;
The proposed 3-story apartment building aligns with the built form of adjacent
properties, maintaining appropriate setbacks, landscaping, and rear parking
consistent with neighboring apartments. It supports the intensification of an
underutilized property while offering convenient access to the Clifton Hill Central
District and the Victoria Avenue commercial corridor, enhancing accessibility to
commercial and employment opportunities;
The property has full urban services, roadway frontage, and utilities. The existing
and proposed apartment buildings are within walking distance of parks,
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recreational trails, commercial areas, and public transit. The Niagara Region
Transit serves the site, with a bus stop is approximately 300 m to the west on
Victoria Avenue and additional stops nearby;
Ontario Park is approximately 300 m away, the Olympic Torch Run Legacy Trail
is approximately 14 m away with municipal open space to the immediate west,
the Clifton Hill Commercial District is approximately 100 m away, the Queen
Street Commercial District is approximately 1.5 km. Several schools are nearby
and driving distance, including Stamford Collegiate Secondary Public School (2.3
km), St. Paul Catholic Secondary School (4.0 km), St. Patrick’s Catholic
Elementary (1.2 km), and Simcoe Public Elementary (780 m). No concerns were
raised by the school boards; and
The applicant proposes renting the one-bedroom units for $1,400 to $1,500 per month.
According to the Niagara Falls Housing Strategy (January 2022), these rents exceed
the affordability threshold for low-income households and fall within the moderate-
income range outlined in Table 3 of the 2022 Housing Strategy.
Zoning By-law
The subject properties are currently zoned Residential Two (R2), in accordance with
Zoning By-law No. 79-200, as amended. The applicant is proposing to rezone the lands
to a site-specific Residential Apartment Density Zone (R5B) to recognize the use and
existing departures of the apartment building located at 5567 Ontario Avenue. The
applicant is also proposing to rezone the lands to a site-specific Residential Apartment
(R5B) on the vacant parcel (Lot 15 – Plan 328) to the south side of 5567 Ontario
Avenue to facilitate the development of the 3-storey 11-unit apartment building. The
recommended Zoning By-Law Amendment are included as Appendix 5 and Appendix
6.
(Lot 15 – Plan 328) – Vacant Lot:
ZONE
REGULATION
EXISTING
REGULATION
PROPOSED
REGULATION
STAFF
RECOMMENDATION
Minimum Lot Area 133 sq. m. 52.6 sq. m. Support
Minimum Lot
Frontage 30 m 15.22 m Support
Minimum Interior
Side Yard Width 5 m
1.5 m (north side)
building
4.5 m (south side
to the building)
2.2 m (south side
to the uncovered
deck/staircase
Support
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Parking and
Access
1.40
units/parking
space per
dwelling unit
0.94 units/parking
space per dwelling
unit
Support
Minimum Parking
Stall Width 2.75 m 2.7 m Support
Minimum
Maneuvering Aisle
Width
6.3 m 6.0 m Support
Minimum
Landscape Open
Space Area
35 % of the lot
area 26.3 % Support
Minimum Amenity
Space for an
Apartment Building
20 sq. m. 5.7 sq. m. Support
The reduction in the lot area can be supported as the proposed apartment
building maintains compatibility in mass and scale with the adjacent property
located at 5567 Ontario Avenue.
The reduction in lot frontage can be supported because there are still appropriate
setbacks for the built form of the building to the lot lines providing adequate
parking for the proposed apartment use.
The reduction of the interior side yard width on the south side is justified as the
habitable portion of the apartment building is set back from the adjacent
residential lot to the southwest, minimizing any potential impacts. The proposed
staircases and landings are uncovered and designed solely for ingress and
egress, rather than as amenity space, ensuring minimal use and activity in this
area. This design approach mitigates concerns related to shadowing, privacy,
and overlook, maintaining compatibility with the neighboring residential property.
Additionally, the proposal makes efficient use of the lot while still providing
functional access and circulation.
The reduction of the interior side on the north side can be supported as this side
of the building will be used for shared driveway access for both properties.
The reduction in parking can be supported as per the conclusions of the parking
demand study prepared by GHD and dated January 18, 2024. City’s
Transportation Services supports the reduction based on the findings in the
report. Furthermore, the reduction in the parking stall width was reviewed by the
City’s Transportation Staff and is supported by the minor reduction to 2.7 m and
there is sufficient space for the width of the vehicle.
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The City’s Transportation Staff reviewed and supported the minor reduction of
the minimum maneuvering aisle width to 6.0 m. This adjustment remains
sufficient for vehicle maneuverability, particularly in a low-traffic area, ensuring
safe and functional access.
The reduction in minimum landscaped open space is justified to accommodate
surface parking, which will be located at the rear of the apartment building. A
detailed landscape plan will be developed as part of the future Site Plan
Application to ensure the project enhances the streetscape. A Tree Preservation
will be required to insure municipal trees located between the trail and subject
property are protected and preserved through development and construction.
Additionally, the Functional Servicing Design Brief by Hallex Engineering (dated
January 18, 2024) confirms that stormwater management will not be impacted.
The reduction of the minimum amenity space for an apartment dwelling can be
supported as three proposed dwelling units will feature private balconies or
terraces, providing residents individualized spaces for personal use and
enjoyment. Furthermore, the subject property is close to various recreational
trails and park for personal enjoyment.
Lot 16 - Plan 328 - 5567 Ontario Avenue:
ZONE
REGULATION
EXISTING
REGULATION
PROPOSED
REGULATION
STAFF
RECOMMENDATION
Minimum Lot Area 133 sq. m. 82.8 sq. m. Support
Minimum Lot
Frontage 30 m 15.24 m Support
Minimum Frontage
Yard Depth
7.5 m plus any
applicable distance
specified in section
4.27.1
6.17 m Support
Minimum Interior
Side Yard Width 5 m
0.69 m (north side)
to the building
4.5 m (south Side)
to the building
Support
Parking and
Access
1.40 units/parking
space per dwelling
unit
0.94 unit/parking
space Support
Minimum Parking
Stall Width 2.75 m 2.7 m Support
Minimum
Manuevering Aisle
Width
6.3 m 6.0 m Support
Minimum 35 % of the lot area 22.1 % Support
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Landscaped Open
Space
Minimum Amenity
Space for an
Apartment Dwelling
Unit
20 sq. m. 9.4 sq. m. Support
The reduction in the lot area is to recognize the existing lot size for which the
apartment building was constructed in the R2 zone prior to Zoning By-law No.
79-200 as amended. This will allow the recognition of the horizontal area within
the lot lines of the lot for the R5B zone.
The reduction in lot frontage is to recognize the existing front lot line for which the
apartment building that was constructed in the R2 zone prior to Zoning By-law
No. 79-200 as amended. This will allow the recognition of the front lot line for the
lot frontage standards of the R5B zone.
The reduction in the front yard depth is to recognize the existing least horizontal
dimension between the front lot line and the nearest part of the main building that
was constructed in the R2 zone prior to Zoning By-law No. 79-200 as amended.
This will allow the recognition of this dimension for the front yard depth standards
of the R5B zone. Furthermore, the 6.17 m is more than the adjacent property to
the north required 6 m R2 zone setback.
The reduction of the interior side yard widths to the north and south side lot lines
is to recognize the existing shortest dimension between the side lot lines and the
building that was constructed in the R2 zone prior to Zoning By-law No. 79-200
as amended. This will allow the recognition of these dimensions of the interior
side yard width standards of the R5B zone. Furthermore, the south side interior
side is being used as the shared driveway access for both properties.
The reduction in parking can be supported as per the conclusions of the parking
demand study prepared by GHD and dated January 18, 2024. City’s
Transportation Services supports the reduction based on the findings in the
report. Furthermore, the reduction in the parking stall width was reviewed by the
City’s Transportation Staff and is supported by the minor reduction to 2.7 m and
there is sufficient space for the width of the vehicle.
The City’s Transportation Staff reviewed and supported the minor reduction of
the minimum maneuvering aisle width to 6.0 m. This adjustment remains
sufficient for vehicle maneuverability, particularly in a low-traffic area, ensuring
safe and functional access.
The reduction in minimum landscaped open space is justified to accommodate
surface parking, which will be located at the rear of the apartment building. A
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detailed landscape plan will be developed as part of the future Site Plan
Application to ensure the project enhances the streetscape. A Tree Preservation
will be required to insure municipal trees located between the trail and subject
property are protected and preserved through development and construction.
Additionally, the Functional Servicing Design Brief by Hallex Engineering (dated
January 18, 2024) confirms that stormwater management will not be impacted.
The reduction of the minimum amenity space for an apartment dwelling is to
recognize the existing amenity area that was provided in the R2 zone prior to
Zoning By-law No. 79-200 as amended. This will allow the recognition of the
apartment amenity space of the R5B zone. Furthermore, the subject property is
close to various recreational trails and park for personal enjoyment.
Holding Provision
The amending by-laws are to have applied a Holding (H) provision to require, to the
satisfaction of the City of Niagara Falls.
The applicant prior to registering the site plan agreement on the south side of
5567 Ontario Avenue (Lot 15 – Plan 328) and for (Lot 16 – Plan 328) at 5567
Ontario Avenue is required to apply for a consent application and register on title
reciprocal easements for access and parking. This will allow for Lot 15 - Plan 328
to have access from Lot 16 – Plan 328 and to have shared access and parking
for both properties.
Sunset Clause
The timely and orderly provision of housing is a key priority for the provincial
government and the City of Niagara Falls. To ensure that housing is delivered in line
with the existing and planned services that are required to support it, servicing cannot
be held up in developments that fail to proceed in a timely manner. To encourage the
timely development of the subject lands, Staff recommend that the amending by-law
includes a sunset clause to require the execution of a Site Plan Agreement within three
years of the amending by-law coming into effect, with the possibility of a one-year
extension at the discretion of the General Manager of Planning, Building and
Development to provide flexibility.
The proposed sunset clause is contemplated by Staff in accordance with Sections
34(16.1) and (16.2) of the Planning Act and Part 4, Sections 4.6.1 and 4.6.2 of the City’s
Official Plan. Staff are of the opinion that the sunset clause or conditional zoning
constitutes sound land use planning as it provides a mechanism to properly plan for the
efficient use of the City’s services and allows for the appropriate allocation of servicing
capacity for those who are ready to develop.
Page 13 of 29
Page 197 of 434
Appeal Provision – Section 17 & 34 of the Planning Act
In accordance with Sections 17(24) and 34(19) of the Planning Act, the applicant, the
Minister, or a specified person, public body, or registered owner of any land to which the
Official Plan Amendment/Zoning By-law Amendment will apply, who made oral
submissions at a Public Meeting or written submissions to Council prior to the adoption
of the Official Plan Amendment and/or passage of the Zoning By-law Amendment, may
appeal the Official Plan Amendment and/or the Zoning By-law Amendment to the
Ontario Land Tribunal.
Operational Implications and Risk Analysis
No operational implications and risk analysis.
Financial Implications/Budget Impact
The proposal will generate development charge contributions, cash-in-lieu of parkland
and provide property tax revenue for the City.
Strategic/Departmental Alignment
The proposal promotes sustainable growth using existing infrastructure along Ontario
Avenue.
Strategic Plan Pillars
List of Attachments
APPENDIX 1 - Location Map
APPENDIX 2 - Conceptual Site Plan
APPENDIX 3 - Elevation Drawings
APPENDIX 4 - OPA - By-law No. 42 and Schedule
APPENDIX 5 - By-law No. 2025_043 and Schedule
APPENDIX 6 - By-law No. 2025_044 and Schedule
Written by:
Nick DeBenedetti, Planner 2
Submitted by: Status:
Signe Hansen, Director of Planning Approved
- 29 Mar
2025
Kira Dolch, General Manager, Planning, Building &
Development
Approved
- 30 Mar
2025
Page 14 of 29
Page 198 of 434
Jason Burgess, CAO Approved
- 31 Mar
2025
Page 15 of 29
Page 199 of 434
APPENDIX 1
LOCATION MAP
Page 16 of 29
Page 200 of 434
APPENDIX 2
CONCEPTUAL SITE PLAN
Page 17 of 29
Page 201 of 434
APPENDIX 3
ELEVATIONS
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Address: 5567 Ontario Avenue and vacant adjacent lot
Applicant: DSV Capital Management Corp and Dominic Spidaliere Agent: Robert Smit (NPG Planning Solutions)
Proposal: To increase the permitted density, rezone the vacant lot for a 3-storey 11-unit apartment building and
rezone the existing lot to recognize the 3-storey 7-unit apartment building and its zoning departures
Official Plan and Zoning By-law Amendments
Application - AM-2024-008
Page 214 of 434
A GREAT CITY…FOR GENERATIONS TO COME
Location
Page 215 of 434
A GREAT CITY…FOR GENERATIONS TO COME
Background
•curren3-storey 7-ment
•The subject properties are designated Residential in the City’s Official Plan and
located within the Built-Up Area.
•The subject properties are currently zoned Residential Two (R2) under Zoning By-
law No. 79-200, as amended.
•The applicant is seeking an Official Plan Amendment to establish a special policy
area that would increase the permitted density from 100 units per hectare to 155
units per hectare for both parcels.
•Additionally, the applicant seeks to rezone the vacant lot (Lot 15 – Plan 328) to
permit a 3-storey, 11 -unit apartment building and recognize the existing 3-storey,
7-unit apartment building and its zoning departures at 5567 Ontario Avenue (Lot
16 – Plan 328). the Page 216 of 434
A GREAT CITY…FOR GENERATIONS TO COME
Official Plan
•An Official Plan Amendment is required to increase the maximum
density allowed from 100 units to 155 units per hectare.
•The proposed new 3-storey apartment building will develop a vacant
parcel into a multiple-unit rental development, for one-bedroom units,
making more efficient use of an underutilized site.
•Both properties have full urban services, roadway frontage, and
utilities. The existing and proposed apartment buildings are within
walking distance of parks, recreational trails, commercial areas, and
public transit. The Niagara Region Transit serves the site, with a bus
stop approximately 300 m to the west on Victoria Avenue and
additional stops nearby.Page 217 of 434
A GREAT CITY…FOR GENERATIONS TO COME
Zoning By-law Amendment
•The subject properties are currently zoned Residential Two (R2)
under Zoning By-law No. 79-200, as amended.
•The applicant proposes to rezone 5567 Ontario Avenue to a site-
specific Residential Apartment Density (R5B) zone to recognize the
existing apartment building and its zoning departures.
•Additionally, the applicant seeks to rezone the vacant parcel to the
south (Lot 15, Plan 328) to a site-specific R5B zone to allow for a
three-storey, 11 -unit apartment building.
•The rezoning includes relief from various zoning requirements, such
as minimum lot area, lot frontage, front yard depth, interior side yard
width, parking standards, parking stall width, maneuvering aisle
width, landscape open space, and amenity space.Page 218 of 434
A GREAT CITY…FOR GENERATIONS TO COME
Requested Zoning Relief
Lot 15 (Plan 328) – Vacant Lot
-Reduce lot area to 52.6 sq.m for each dwelling
unit.
-Reduce minimum lot frontage to 15.22 m.
-Reduce the interior side yards to 1.5 m north
side, 4.5 m south side and 2.2 m to the south
to the uncovered staircase.
-Reduce the parking standard to 0.94
units/parking per dwelling unit.
-Reduce parking stall width to 2.7 m.
-Reduce maneuvering aisle width to 6 m.
-Reduce the minimum landscape/open space
to 26.3 % of the lot area.
-Reduce Amenity space for an apartment
dwelling to 5.7 sq. m.Page 219 of 434
A GREAT CITY…FOR GENERATIONS TO COME
Requested Zoning Relief
Lot 16 – 5567 Ontario Avenue
o Reduce lot area to 82.8 sq. m. for each
dwelling unit.
o Reduce minimum lot frontage to 15.24 m.
o Reduce the minimum front yard depth to
6.17 m
o Reduce the interior side yards to 0.70 m
north side and 4.5 m south side
o Reduce the parking standard of 0.94
units/parking per dwelling unit.
o Reduce parking stall width to 2.7 m.
o Reduce maneuvering aisle width to 6 m.
o Reduce the minimum landscape/open
space 22.1 % of the lot area.
o Reduce Amenity space for an apartment
dwelling to 9.4 sq. m.Page 220 of 434
A GREAT CITY…FOR GENERATIONS TO COME
Open House – February 19th, 2024
Comment Response
Proposed Sidewalk Location The proposed sidewalk will be constructed at the same
elevation as the adjacent property to ensure a smooth
and seamless transition between the public sidewalk and
private sidewalk. The sidewalk's placement and grading
will be carefully considered to maintain proper drainage
and ensure compatibility with existing site conditions.
Staircase Any snow removal from the staircase will be contained
on-site with no spillage onto 5583 Ontario Avenue.
Roof Design The roof design on the flat roof of the building will include
roof guards which will mitigate any snow spillage onto
5583 Ontario Avenue.
•The agent, applicant and one member of the public were in attendance. Page 221 of 434
A GREAT CITY…FOR GENERATIONS TO COME
Open House – February 19th, 2024
Comment Response
Impact of Snow The owner stated in the meeting that any snow spillage
onto 5583 Ontario Avenue will be mitigated through future
building design which will include guards on the flat roof.
A board-on-board fence will be constructed adjacent to
5583 Ontario Avenue, which will prevent snow crossing
the property line, provide privacy and not allow light from
the vehicles to trespass into the neighbour's property.
Grading The site grading will slope away from the neighbouring
property and will be thoroughly reviewed during the site
plan process. All drainage must be dealt with on site and
cannot impact neighbouring properties.
Driveway Access The driveway will be widened to 6 metres, allowing two-
way traffic at the front lot line ensuring vehicles will not
queue on the street. Page 222 of 434
A GREAT CITY…FOR GENERATIONS TO COME
Planning Analysis
•The proposed development conforms to Provincial, Regional, and City
policies as it will contribute to the minimum intensification target of 50% of
all residential units constructed in the Delineated Built-Up Area and
provides intensification where appropriately serviced.
•The proposal will help diversify the housing supply within the urban area
while minimizing land consumption. It will also promote the efficient use of
existing municipal infrastructure and services through the recommended
regulations, which are appropriately designed to regulate the proposed
use of the new proposed apartment building.
•The introduction of additional multiple dwellings will contribute to the
diversification of housing supply within the urban area as prescribed by
the 2024 PPS as well as the Regional and City Official Plans. Page 223 of 434
A GREAT CITY…FOR GENERATIONS TO COME
RecommendationRecommendation
•That Council APPROVE the Official Plan Amendment and Zoning By-law Amendment to
increase the permitted density, rezone the subject lands to recognize the legal non-complying
3-storey 7-unit apartment building located at 5567 Ontario Avenue (Lot 16 – Plan 328) and to
rezone the vacant lands (Lot 15 - Plan 328) located to the south of 5567 Ontario Avenue, to
permit a 3-storey 11-unit apartment buildings, subject to the Holding provision and the
regulations outlined in report PBD-2025-22. Page 224 of 434
Lot 15 and Lot 16 (“5567 Ontario
Avenue”) of Registered Plan 328
City of Niagara Falls
Applications for Official Plan Amendment and Zoning By-law Amendment
For: Dominic Spedaliere
Planner: Robert Smit email: rsmit@npgsolutions.ca
Prepared by:
April 8th, 2025
Page 225 of 434
Description of Subject Lands & Surrounding Context
Municipal Address
•Lot 15 & Lot 16 (“5567 Ontario Avenue”)
of Registered Plan 328.
Existing / Previous Use
•Lot 15: Vacant
•Lot 16: 3-Storey Apartment Building
with seven (7) dwelling units.
Location Details:
•Frontage: 30 metres along Ontario
Avenue
Property Size:
•Area: 1,158.9 m² (0.116 hectares).
Niagara Falls Official Designation:
•Residential
Niagara Falls Zoning By-law:
•Residential Two Zone (R2)Page 226 of 434
Neighbourhood Context
•Located 100 metres from the Clifton Hill
Central District.
•Located 1.5 kilometres from the Queen
Street Commercial Area and Niagara
Falls GO Train Station.
•Located in proximity to local schools &
parks.
•Public Transit stops along Victoria
Avenue.
•Located in proximity to Biking & walking
trails.Page 227 of 434
Proposed Development
Lot 15:
•Three (3) storey apartment building, with one
(1) level below grade.
o Underground level to contain Bike
Storage.
o Above Ground levels to contain a total of
eleven (11) dwelling units, each to contain
one (1) bedroom.
Lot 16:
•Recognize the existing legal non-complying
three (3) storey apartment building.
Parking Facilities:
•17 total parking spaces
(0.94 Parking Spaces per Dwelling Unit)
Future Planning Applications:
•Site Plan ApprovalPage 228 of 434
Perspective View
Page 229 of 434
Proposed Official Plan Amendment
Existing and Proposed Designation:
•Residential
Proposed Change:
•Increase the permitted density from a maximum of
75 units per hectare to 155 units per hectare.Page 230 of 434
Proposed Zoning By-law Amendment
Proposed Designation:
•Residential Apartment 5B Density Zone (R5B)
Proposed Variances:
•Maximum Lot Area
•Maximum Lot Frontage
•Minimum Interior Side Yard Width
•Minimum Parking Requirement
•Minimum Parking Stall Width
•Minimum maneuvering aisle width
•Minimum Landscape Open Space Area
•Minimum Amenity Space for an Apartment Dwelling
UnitPage 231 of 434
Supporting Studies
•Planning Justification Report (PJR)
•Architectural Drawing Package
•Functional Servicing Design Brief
•Municipal Servicing Study
•Traffic and Parking Brief
•Stage 1-2 Archaeological Assessment
Page 232 of 434
The application is consistent with the Provincial Planning Statement and in conformity with the
Niagara Official Plan, and the City of Niagara Falls Official Plan.
The studies completed as part of these applications are intended to ensure that the development
will be compatible with the surrounding neighbourhood and contributes to a well-designed
streetscape.
The Subject Lands are in proximity to public transit, biking, walking paths and a variety of
commercial, institutional, employment and recreational amenities.
The applications enable the development of eleven (11) apartment dwelling units and increase
diversity of housing choice in the City of Niagara Falls.
Summary
Page 233 of 434
Thank you
Questions?Page 234 of 434
PBD-2025-21
Planning
Report
Report to: Mayor and Council
Date: April 8, 2025
Title:
AM-2024-011
Official Plan and Zoning By-law Amendment Applications
7302 Kalar Road
Part Township Lot 179, Stamford as in RO484133; City of
Niagara Falls
Proposal: To permit 13 and 15 storey apartment buildings
with 412 dwelling units and to protect a tributary of Warren
Creek, its buffer, and associated floodplain
Applicant: 2131595 Ontario Inc. (Terry Perri)
Agent: Peter Lesdow (Peter J. Lesdow Architect)
Recommendation(s)
1. That Council APPROVE the Official Plan and Zoning By-law amendments as
detailed in this report for 13 and 15 storey apartment buildings on the subject
lands, in part, and the protection of a regulated watercourse and its associated
floodplain, in part, subject to the regulations outlined in this report.
2. That Council AUTHORIZE the inclusion of a Holding (H) provision in the
amending zoning by-law to require a Record of Site Condition (RSC) be filed and
acknowledged by the Ministry of Environment, Conservation, and Parks with a
copy provided to the City; the submission of a Restoration Plan; and, the
submission of an updated Noise Study; all to the satisfaction of the City.
3. That Council AUTHORIZE the amending by-law which includes a sunset clause
to require the execution of a Site Plan agreement within three years of the
amending by-law coming into effect, with the possibility of a one-year extension
at the discretion of the General Manager of Planning, Building and Development.
Executive Summary
2131595 Ontario Inc. (Terry Perri) has requested an Official Plan amendment and a
Zoning By-law amendment to permit the development of 13 and 15 storey apartment
Page 1 of 28
Page 235 of 434
buildings with 412 dwelling units, subject to a holding (H) provision. The amendments
are recommended for the following reasons:
The proposed development conforms to Provincial, Regional, and City policies as
it intensifies land within the Built-up Area, will assist the City in meeting its
intensification targets, will provide additional housing choices for residents, and
will protect the regulated watercourse (a tributary of Warren Creek) and its
associated floodplain;
The requested Official Plan amendment will facilitate appropriate development on
the portion of land designated Mixed Use and will protect the regulated
watercourse (a tributary of Warren Creek) and its associated floodplain;
The requested site specific residential (R5F) zone maintains appropriate
regulations for the proposed apartment dwellings and ensures the proposed
development will be compatible with surrounding properties. The Environmental
Protection Area (EPA) zone will protect the regulated watercourse (a tributary of
Warren Creek) and its associated floodplain; and,
The holding provision on the R5F zone land will require, to the satisfaction of the
City:
o A Record of Site Condition (RSC) be filed and acknowledged by the
Ministry of Environment, Conservation, and Parks with a copy provided to
the City. This will ensure the lands are remediated to be safe for
residential development;
o The approval of a Restoration Plan for plantings within the 3 metre buffer
of the Warren Creek tributary; and,
o An updated Noise Study to be submitted to the City, to address the under
construction District School Board of Niagara (DSBN) school.
Background
Proposal
2131595 Ontario Inc. (Terry Perri) has requested an Official Plan amendment and
Zoning By-law amendment to permit the development of 13 storey and 15 storey
apartment buildings with 412 apartment dwelling units for a parcel of land totaling
approximately 1.29 hectares (3.19 acres), as shown on Appendix 1. Appendix 2
shows details of the proposed development and Appendix 3 shows its perspectives.
Building A, as shown in Appendix 2, is 3 storeys in height along Kalar Road and 13
storeys in height along the north lot line, providing a total of 179 apartment dwelling
units.
Building B, as shown in Appendix 2, is 3 storeys in height along Kalar Road and 15
storeys in height along the south lot line, providing a total of 233 apartment dwelling
units.
Page 2 of 28
Page 236 of 434
The development includes 577 parking spaces, with 65 above grade and 453 in a two-
level underground garage.
and Area, Environmental Residential, Protection is land subject The designated
Environmental Conservation Area, under the City’s Official Plan. It is designated as
Mixed Use, which may permit apartment buildings up to 6 storeys in height with a
maximum density of 75 units per hectare, and Environmental Protection Area, under the
Garner South Secondary Plan.
The applicant is requesting that the land be placed under a Special Policy Area
designation to redesignate the lands to Residential, High Density to permit apartment
dwellings with a maximum height of 15 storeys and a maximum density of 340 units per
hectare; and, to amend the portion of land designated Environmental Protection Area.
The amended Environmental Protection Area land (which totals approximately 759
square metres) reflects updated top of bank and floodplain mapping associated with the
Warren Creek tributary, as accepted by Niagara Region environmental planning and
Niagara Development site and staff. (NPCA) Authority Conservation Peninsula
alteration are not permitted within the top of the bank of the Warren Creek tributary or its
3 metre buffer. No development is proposed in this area. Development or site alteration
within or adjacent to floodplains or erosion hazards may be permitted with written
approval from the NPCA. A portion of the floodplain is proposed to accommodate at-
grade and below-grade parking, which will require NPCA approval at the time of site
plan control and building permit.
As residential use only buildings are permitted in the Mixed Use designation, staff
recommend Area Policy Special the with remain designation the that consistent
permitting an increase in height and density on the subject land.
The subject land is zoned Light Industrial (LI) under Zoning By-law No. 79-200, as
amended. The applicant is requesting the land be placed under a site-specific
Residential Apartment 5F Density (R5F) zone to permit 13 and 15 storey apartment
buildings. The portion of the lands associated with the regulated watercourse (a
tributary of Warren Creek) and its associated floodplain, as recommended by staff, will
be zoned Environmental Protection Area (EPA) zone.
Site Conditions and Surrounding Land Uses
The subject land is irregular in shape consisting of a large gravel parking area with one
small temporary building along the northern portion of the property, a fuel station in the
centre, and a rectangular building along the southern portion of the property. A tributary
of Warren’s Creek and its 100-year floodplain is along the eastern lot line.
Page 3 of 28
Page 237 of 434
The subject land is east of Kalar Road and south of McLeod Road. A commercial
plaza is located to its north; block townhouses and environmentally protected land (the
tributary of Warren’s Creek and its 100-year floodplain) are located to its east; a storage
yard and facility for Niagara Peninsula Energy is located to its south; and, to the west,
opposite Kalar Road are the under-construction Public and future Catholic Elementary
School sites.
St. Michael Catholic Secondary School is located approximately 735 metres from the
site on McLeod Road. John N Allan Park is located approximately 400 m north on Kalar
Road. Commercial uses are located at the intersections of McLeod/Kalar Road and
McLeod/Montrose Road. The site is alongside a transit route (Route 113) as well as bus
stops are located south of McLeod Road and a major transfer point is on Canadian
Drive.
Circulation Comments
Niagara Region
o No objections, subject to:
The tributary of Warren’s Creek, and its 3 metre buffer, being
placed in an appropriately restrictive environmental designation and
zone; and,
A Record of Site Condition (RSC) being filed with and
acknowledged by the Ministry of Environment, Conservation, and
Parks, with a copy provided to the City. The holding (H) provision
will require the filing of the RSC.
o The Region notes the following will be required at the site plan stage:
The submission of an updated Noise Impact Study to consider the
under construction District School Board of Niagara (DSBN) school.
The holding (H) provision will require the filing of an updated Noise
Study ,to be approved by the City;
A Restoration Plan that illustrates how the 3 metre buffer (from the
tributary of Warren’s Creek) will be planted, as the completion of an
Environmental Impact Study was waived in lieu of a Restoration
Plan. The holding (H) provision will require the filing of a
Restoration Plan to be approved by the City; and,
The inclusion of noise warning clauses (provided in the Noise
Report) and standard archaeological clauses (as archaeological
assessments were not required) in the site plan and/or
condominium agreement.
o The Region has reviewed and supports the draft designation and zoning
schedules.
o The Official Plan amendment is exempt from Region Council approval.
Niagara Peninsula Conservation Authority (NPCA)
o No objections, the applicant has appropriately identified the 100-year
floodplain limits of the Warren Creek tributary.
Page 4 of 28
Page 238 of 434
o A small portion of the floodplain encroaches into the rear parking area and
the underground parking structure, to which the NPCA does not offer
objections at a high level. Written approval from the NPCA will be
required at the site plan stage and prior to the issuance of a building
permit.
o If any stormwater outfall is proposed to Warren Creek, which is a
regulated watercourse with an associated 100-year floodplain, a works
permit will be required as well as erosion mitigation.
o The addition of fill within the floodplain will need to comply with NPCA
policy and may require a works permit prior to site alteration.
o As part of a future site plan agreement, a clause is to state: “Any works
within the 100-year floodplain will require permits from the NPCA, in
accordance with NPCA Policies in effect at the time”.
Canada Post, Bell, and Enbridge
o No objections to the application.
Niagara Peninsula Energy Inc. (NPEI)
o As part of normal operations, heavy trucks and the loading of equipment
(i.e. poles, transformers, and wire reels) creates noise at all hours. In
addition, high mast lighting illuminates the laydown yard in evening hours.
o The provision of noise and light warning clauses will be included in future
site plan and/or condominium agreements to inform future purchasers
and/or tenants of the noise and light that may be expected from the NPEI
facility and equipment yard.
o In addition, increased traffic makes entering and exiting the yard difficult.
NPEI requests that traffic mitigation measures (i.e. signals, signage and
potential road widening) be considered. Transportation Services has
identified that transportation improvements are required due to the
proposed developments in the area.
Building Services
o Building permits will need to be obtained to demolish existing and
construct new structures.
o Building permit fees and development charges will be assessed during
building permit application review.
GIS Services
o No objections to application or site specific regulations.
o Address will be reviewed at the site plan stage.
Fire Services
o No objections to application or site specific regulations.
o Detailed technical review will occur at site plan stage.
o Demolition permits required from Building Department.
Page 5 of 28
Page 239 of 434
Urban and Landscape Design
o Preliminary comments are provided prior to site plan application.
Legal Services
o No objections to application or site specific regulations.
Municipal Works (Development Engineering)
o No objections to application or site specific regulations.
Municipal Works (Transportation Services)
o No objections to application or site specific regulations.
o At site plan:
A 2.94 m road widening along Kalar Road is required.
The recommended left turn lane on Kalar Road will be a condition
of site plan approval.
o The addition of the westbound left turn advance will be undertaken as part
of the City’s signal program.
o The recommended right turn lane will require additional lands that
currently are not available within right-of-way on the east side of Kalar
Road approaching McLeod Road. A City initiated Environmental
Assessment traffic analysis for this area will be needed with improvements
funded through Development Charges.
o A parking study was not required as Transportation Services had no
objections to the proposed 1.25 parking space per unit rate given its
location alongside a transit route (Route 113 as well as bus stops are
located south of McLeod Road and a major transfer point is on Canadian
Drive) and cycling lanes.
Neighbourhood Comments
The public open house was held on November 4, 2024, attended by the applicant’s
agents with one (1) representative of Niagara Peninsula Energy Inc. (NPEI) present.
NPEI presented their written submission.
No members of the public attended the public open house, nor were any written
comments received.
Analysis
Provincial Policies
The Planning Act requires City planning decisions to be consistent with the Provincial
Policy Statement. The proposed development is consistent and conforms as follows:
Page 6 of 28
Page 240 of 434
The proposed development satisfies matters of provincial interest as outlined in
Section 2 of the Planning Act;
The proposed development is within a settlement area, is transit supportive,
assists in the creation of a complete community as it is within walking distance to
major commercial uses and schools, and the redevelopment of an underutilized
commercial site for residential use effectively uses land and infrastructure;
The proposed density of 340 units per hectare will intensify land within the City’s
Built Boundary;
The natural heritage feature consisting of the Warren Creek tributary, its 3 metre
buffer from top of bank, and its associated floodplain, is protected as it will be
designated and zoned Environmental Protection Area;
The NPCA, which regulates floodplains under O. Reg 41/24 of the Conservation
Authorities Act, has indicated the agency does not object to a small portion of
parking, both at and below grade, encroaching into the floodplain. Written
confirmation from the NPCA will be required prior to future site plan approval and
building permit issuance; and,
The recommended regulations will facilitate the development of land for
apartment dwellings that while not providing affordable units will accommodate
the needs of people of all ages and abilities while maintaining appropriate levels
of health and safety and ensuring the protection of the natural heritage features.
Regional Official Plan
The subject land is designated as Urban Area (Built-up Area) with the presence of a
permanent Natural Region’s the of part that watercourse intermittent or forms
Environment System in the Regional Official Plan. The proposal conforms as follows:
The proposed development will contribute to the Region’s intensification density
target of 60% of constructed residential units within Built-up areas;
The apartment dwelling units will diversify the housing supply, contribute to the
creation of a complete community, and effectively utilize municipal infrastructure
and urban lands;
The tributary of Warren Creek and its 3 metre buffer (from top of bank) will be
designated and zoned Environmental Protection Area. The requirements for an
Environmental Impact Study were waived in lieu of a Restoration Plan for the 3
metre planted buffer;
The inclusion of standard archaeological clauses in future site plan and/or
condominium agreements in the event that any archaeological resources are
unexpectedly encountered during construction, as Archaeological Assessment
was not required. The subject land is not identified as an area of archaeological
potential in the Region’s Official Plan;
The inclusion of noise warning clauses in property and tenancy agreements and
offers of purchase and sale for all units to address land use compatibility with
adjacent commercial/light industrial uses as well as mitigation measures that will
be included in future site plan and/or condominium agreements; and,
Page 7 of 28
Page 241 of 434
Niagara Region identified several items that need to be addressed. The holding
(H) provision will require the submission of:
o An Updated Noise Study to consider the noise implications of the
elementary school under construction; and,
o A Record of Site Condition to ensure the property has been remediated.
City Official Plan
The subject land is designated as Residential, Environmental Protection Area, and
Environmental Conservation Area under the Official Plan. The Garner South Secondary
Plan designates it as Mixed Use and Environmental Protection Area. Mixed Use lands
allow apartment buildings up to 6 storeys with a maximum density of 75 units per
hectare. An Official Plan amendment is required to permit the proposed 13 and 15
storey apartment buildings with a density of 340 units per hectare.
The applicant requested a redesignation to Residential, High Density, allowing up to 8
storey apartment buildings with a maximum density of 125 units per hectare, along with
a Special Policy Area to permit the proposed height and density. However, staff
recommend retaining the Mixed Use designation while applying the requested Special
Policy Area as residential use only buildings are permitted.
Development or site alteration near hydrologic features must be set back from the
stable top of slope. The tributary of Warren Creek and its required 3 metre setback will
be zoning. and designation Area an Environmental through protected Protection
Development within or adjacent to the floodplain may be permitted with written approval
from the NPCA; and, the floodplain will also be designated and zoned as Environmental
Protection Area. To ensure consistency during the City's new Official Plan process, this
policy has been included in the draft Official Plan amendment. The designation and
zoning have been reviewed and accepted by Niagara Region environmental planners
and NPCA staff, as an Environmental Impact Assessment was not required.
In considering an Official Plan amendment, Council is to consider the conformity of the
proposal to the general objectives of the Plan, suitability of the site or area for the
proposed use, compatibility of the proposed use with adjacent land use designations,
need for the use, availability of adequate municipal services, and, facilities for the
proposed uses and its financial implications.
The proposal complies with the intent of the Official Plan as follows:
The proposal is for 13 and 15 storey apartment buildings, with a density of 340
units per hectare. Several parcels of land adjacent to McLeod Road, between
Kalar Road and the QEW, have received permissions increasing height and
density (i.e. 7, 8, 12 and 13 storey apartment dwellings). The area is suitable for
intensification as Public and Catholic elementary school sites are directly across
from the parcel on Kalar Road, St. Michael Catholic Secondary School is located
Page 8 of 28
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approximately 735 metres from the site on McLeod Road, John N Allan Park is
located approximately 400 m north on Kalar Road, height permissions for the
abutting parcels are between 6 and 8 storeys, and the site is alongside a transit
route (Route 113) as well as bus stops are located south of McLeod Road and a
major transfer point is on Canadian Drive;
The apartment buildings will have a 3 storey presence along Kalar Road to
maintain a pedestrian-friendly scale, with the greatest heights positioned along
the north and south lot lines adjacent to commercial and light industrial uses. At-
grade parking will be located at the rear, next to the Environmental Protection
Area, which will serve as a buffer from future high-rise residential development to
the east. The varied building heights and articulated design enhance visual
interest and create a positive street interface;
The proposed development will contribute to the City’s minimum target of 40% of
all residential development occurring annually within the Built-up Area;
The proposed development will have a total of 412 apartment dwellings
comprised of 88 one-bedroom and 324 two-bedroom units. The units are
intended to be offered for rent, with monthly rental prices estimated to range from
approximately $2,000 to $2,600. The applicant has indicated that there will not
be any units that will meet the criteria for affordable housing ($1200/month for a
one-bedroom unit and $1317/month for a two-bedroom unit, as indicated in the
“Affordable Residential Units for the Purposes of the Development Charges Act”
bulletin (2024) issued by the Ministry of Municipal Affairs and Housing). It will not
contribute to the City’s annual minimum target of 40% of all new units being
affordable. Staff have strongly recommended the applicant provide affordable
units in the development—the provision of rental affordable units may result in
eligibility exemption from parkland dedication and development charges for units
that satisfy the criteria outlined in the Development Charges Act;
Shadowing from the proposed development will result in at least 6 hours of
sunlight daily on the adjacent sidewalk; the Kalar Road school sites will have at
least 5 hours of sunlight during school hours; and, the abutting residential zoned
land will have more than 6 hours and typically 8 hours of sunlight between 10 am
and 6 pm daily from April 21 to September 21;
Pedestrian level wind comfort levels are suitable at all locations in the summer
and most locations in the winter. Uncomfortable wind conditions marginally
exceed the comfort threshold in winter for walking at 6 locations on the site plan:
o through the channel between the two towers at the center of the driveway;
o at the driveway entrance into the underground parking structure; and,
o around several building corners.
As a wind mitigation strategy, the preliminary landscape plan added eastern Red
Cedars in the identified 6 locations. With the proposed coniferous tree plantings,
suitable wind conditions are expected to be achieved at all 6 locations throughout
the year and the pedestrian wind safety criterion is met at all locations. At the
site plan stage, the Pedestrian Wind Study Addendum by RWDI (dated August
22, 2024) will be reviewed against the submitted landscape plan to confirm wind
mitigation measures were implemented;
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Noise, light, and the Cytec Noise warning clauses and noise mitigation measures
(outlined in the submitted Noise Study) will be included in future site plan and/or
condominium agreements;
The parking area located in the central courtyard is screened with the placement
of the buildings and parking spaces in the rear yard abut the natural heritage
feature and its planted buffer. The majority of parking is provided below grade;
While the proposed amenity area is not located adjacent to the natural heritage
feature, amenity area will be provided on the rooftops of the 3 storey portion of
Buildings A and B that is proposed to have outdoor seating that will provide a
positive interface with Kalar Road;
The tributary of Warren Creek, its 3 metre buffer from top of bank, and its
associated floodplain are being placed in the Environmental Protection Area
designation and zone. Development and/or site alteration is only permitted within
the portion of the designation and zone associated with the floodplain, subject to
written approval from the NPCA. The NPCA has reviewed the preliminary site
plan and has indicated at a high level that there are no concerns with the
proposed slight encroachment of at grade and below grade parking into the
floodplain;
The holding (H) provision requires:
o A Restoration Plan to be submitted and approved by the City that
illustrates how the 3 metre buffer (from the tributary of Warren’s Creek)
will be planted as the completion of an Environmental Impact Study was
waived in lieu of a Restoration Plan;
o A Record of Site Condition (RSC) be filed and acknowledged by the
Ministry of Environment, Conservation, and Parks with a copy provided to
the City. This will ensure the lands are remediated to be safe for
residential development; and,
o An updated Noise Study to be submitted to the City, to address the under
construction District School Board of Niagara (DSBN) school.
Municipal Works did not indicate concerns with sanitary, stormwater sewer, or
water system capacity; and,
Transportation system improvements are required resulting from cumulative
planned and existing developments. Site specific measures will be required at
the site plan stage. Community wide improvements will follow the completion of
an Environmental Assessment for the area utilizing Development Charges.
The draft recommended Official Plan amendment is included as Appendix 4.
Zoning By-law 79-200
The applicant has requested a site specific R5F zone be applied to the entire site to
permit the proposed development. The R5F zone permits apartment dwellings;
however, there are departures requested from the standard R5F regulations that are
summarized in the following table:
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ZONE
REGULATION
EXISTING
REGULATION
REQUESTED
REGULATION
STAFF
RECOMMENDATION
Minimum lot area
57 square metres
for each dwelling
unit
23,484 square
metres
29 square metres
for each dwelling
unit
12,147.54 square
metres
(does not include
EPA land)
Support
Minimum front yard
depth
7.5 metres + 13
metres from the
original centreline
of Kalar Road
6.67 metres + 13
metres from the
original centreline
of Kalar Road
Support
Minimum rear yard
depth
One-half the height
of the building or
10 metres,
whichever is
greater
Building A:
20.19 metres
Building B:
23.24 metres
Building A:
15.0 metres
Building B:
18.99 metres
Support
Minimum interior
side yard width
One-quarter the
height of the
building
Building A:
10.10 metres
Building B:
11.62 metres
Building A:
8.81 metres
Building B:
9.15 metres
Support
Maximum Lot
Coverage
30%
3,693.24 square
metres
35%
4,233.56 square
metres
Support
Maximum height of
building or
structure
28 metres, subject
to section 4.7
Building A:
41.0 metres,
subject to section
4.7
Building B:
47.0 metres,
Support
Page 11 of 28
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ZONE
REGULATION
EXISTING
REGULATION
REQUESTED
REGULATION
STAFF
RECOMMENDATION
subject to section
4.7
Number of
apartment
dwellings on one
lot
1 only 2 Support
Parking
requirements
1.4 parking spaces
per dwelling unit
577 parking spaces
1.25 parking
spaces per
dwelling unit
518 parking spaces
Support
Minimum
landscaped open
space area
55 % of the lot area
34.5 % of the lot
area Support
Projection of a
balcony into a
required yard
1.8 metres into a
required front yard
or rear yard
1.8 metres into a
required side yard
1.98 metres (into
any required yard) Support
The requested zoning is appropriate as follows:
The R5F zone is intended to regulate apartment dwellings;
The requested decrease in the R5F regulations for lot area, front and rear yard
depth, interior side yard width, and landscaped open space area and an increase
in lot coverage are supported as a compact form will not have a negative impact
on abutting properties. The reduction in minimum lot area and increase in
maximum lot coverage is required to permit the proposed density;
The subject land provides adequate parking and landscaping; therefore, the
reduction to the minimum front yard depth is supported as a suitable landscape
area is provided along Kalar Road. The reduction to the minimum rear yard
depth is supported as the site abuts the tributary of Warren Creek, its 3 metre
buffer (which will have restoration plantings), and associated floodplain. The
reduction to the interior side yard width is supported as adequate land is provided
for landscaping adjacent to the building. The reduction to the minimum
landscaped open space is supported as adequate landscaping is provided
around the buildings for streetscaping and wind mitigation. As well, each of the
dwelling units will have private amenity space, which will be in addition to the
amenity space on top of the 3 storey portion of the buildings, and the at grade
landscaped open space;
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The requested increase in the R5F regulation for height is supported as there are
suitable setbacks and the buildings have been designed to minimize shadowing
on abutting properties and municipal streets;
The requested increase in the number of apartment dwellings is supported as it
is an efficient utilization of urban land;
The requested reduction in the parking regulations is supported by
Transportation Services staff as an appropriate amount of parking is provided for
residents and visitors and the property is on a transit route (Route 113) as well as
bus stops are located south of McLeod Road and a major transfer point is on
Canadian Drive) and cycling lanes; and,
The requested increase in the projection of a balcony into a required yard is
supported as it will provide greater private amenity space to residents and will
have no negative impact on abutting properties. In addition, residents will have
access to the amenity spaces on top of the 3 storey portion of the buildings.
Staff recommend that the land that will be designated Environmental Protection Area
(the tributary of Warren Creek, its 3 metre buffer from top of bank, and associated
floodplain) be placed under the Environmental Protection Area (EPA) zone.
The amending by-law should include a holding (H) provision on the R5F zoned land to
secure:
A Record of Site Condition (RSC) be filed and acknowledged by the Ministry of
Environment, Conservation, and Parks with a copy provided to the City. This will
ensure the lands are remediated to be safe for residential development;
The submission of a Restoration Plan that illustrates how the 3 metre buffer from
the permanent/intermittent watercourse (tributary of Warren Creek) will be
planted to the satisfaction of the City; and,
The submission of an updated Noise Study to address the under construction
District School Board of Niagara (DSBN) school to the satisfaction of the City.
The draft recommended Zoning By-law amendment is included as Appendix 5.
Sunset Clause
provincial the for priority key a is of provision orderly and timely The housing
government and the City of Niagara Falls. To ensure that housing is delivered in line
with the existing and planned services that are required to support it, servicing cannot
be held up in developments that fail to proceed in a timely manner. To encourage the
timely development of the subject lands, Staff recommend that the amending by-law
includes a sunset clause to require the execution of a Site Plan Agreement within three
years of the amending by-law coming into effect, with the possibility of a one-year
extension and Building Planning, of Manager discretion the of the at General
Development to provide flexibility.
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The proposed sunset clause is contemplated by Staff in accordance with Sections
34(16.1) and (16.2) of the Planning Act and Part 4, Sections 4.6.1 and 4.6.2 of the City’s
Official Plan. Staff are of the opinion that the sunset clause or conditional zoning
constitutes sound land use planning as it provides a mechanism to properly plan for the
efficient use of the City’s services and allows for the appropriate allocation of servicing
capacity for those who are ready to develop.
Appeal Provision – Sections 17 and 34 of the Planning Act
In accordance with Sections 34(19) and 17(24) of the Planning Act, the applicant, the
Minister, a specified person, public body, or registered owner of any land to which the
Official Plan amendment and/or by-law will apply, who made oral submissions at a
Public Meeting or written submissions to Council prior to the adoption of the Official
Plan Plan Official appeal may by-law, the of passage and/or amendment the
amendment and/or by-law to the Ontario Land Tribunal.
Operational Implications and Risk Analysis
No operational implications and risk analysis.
Financial Implications/Budget Impact
The proposed development will generate development charge contributions, community
benefits, cash-in-lieu of parkland dedication, and property tax revenue for the City.
Strategic/Departmental Alignment
The proposed development supports the Social Sustainability Pillar of
sustainable growth by protecting a tributary of Warren Creek, its buffer, and
associated floodplain; and, providing housing on an underutilized parcel in the
City.
Strategic Plan Pillars
Sustainability - Social
Working in partnership with the Niagara Region to ensure residents have access to
basic needs, ensuring that Niagara Falls is a livable, inclusive and supportive
community for all.
List of Attachments
Appendix 1- Location Map
Appendix 2- Preliminary Site Plan
Appendix 3- Preliminary Perspectives
Appendix 4- Draft Official Plan Amendment
Appendix 5- Draft Zoning By-law Amendment
Written by:
Julie Hannah, Manager of Policy Planning
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Submitted by: Status:
Signe Hansen, Director of Planning Approved
- 02 Apr
2025
Kira Dolch, General Manager, Planning, Building &
Development
Approved
- 02 Apr
2025
Jason Burgess, CAO Approved
- 03 Apr
2025
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APPENDIX 1
(Location Map)
N
Page 16 of 28
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APPENDIX 2
(Preliminary Site Plan)
N
Building
A
Building
B
Page 17 of 28
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APPENDIX 3
(Preliminary Perspectives)
Along Kalar Road
From Rear of Property
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CITY OF NIAGARA FALLS
By-law No. 2025-XXX
A by-law to provide for the adoption of Amendment No. XXX to the City of Niagara Falls
Official Plan (AM-2024-011).
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. XXX to the City of Niagara Falls Official Plan, constituting the
attached text and maps, is hereby adopted.
Read a First, Second and Third time; passed, signed and sealed in open Council
this XXth day of XXXXX, 2025.
........................................................ ......................................................
BILL MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
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OFFICIAL PLAN AMENDMENT NO. XXX
PART 1 – PREAMBLE
(i) Purpose of the Amendment
The purpose of the amendment is to allow for the proposed development of two
buildings which shall not exceed 13 and 15 storeys, at a maximum height of 47
metres with a maximum density of 340 units per hectare; and, to amend the portion
of the lands designated Environmental Protection Area, in part.
(ii) Location of the Amendment
The amendment applies to lands shown as Subject to Part 5, Section 1 Policy
2.6.5.1.1 of the Official Plan on Schedule A3 to the Official Plan-Garner South
Secondary Plan.
(iii) Details of the Amendment
Map Changes
Schedule A3 to the Official Plan – Garner South Secondary Plan Area has been
amended to show the Mixed Use designation with the location of land subject to Part
5, Section 1 Policy 2.6.5.1.1 identified; and, the “Proposed Change” land, shown on
Map 1, shall be redesignated from Environmental Protection Area to Mixed Use as it
is not within the tributary of Warren Creek top of bank, its 3 meter buffer, and
associated floodplain.
Text Change
PART 5, SECTION 1 –is amended by the addition of Subsection 2.6.5.1.1.
(iv) Basis of the Amendment
The applicant (2131595 Ontario Inc.) proposes to develop two buildings for
apartment dwellings with a maximum height of 13 storeys and 15 storeys, at a
maximum height of 47 metres with a maximum density of 340 units per hectare; and,
to amend the portion of the lands and designated Environmental Protection Area, in
part.
The lands are designated Mixed Use, in part, and Environmental Protection Area, in
part, as shown on Schedule “A3” to the Official Plan- Garner South Secondary Plan.
The amendment meets the intent of the Official Plan as the portion of Mixed Use
land is suitable for intensification, residential use only is permitted, and the buildings
will be stepped and articulated in form to lessen the impact of height and massing.
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The buildings are appropriately located on an arterial road and the increase in height
is appropriate as high density development, up to 8 storeys, is permitted on lands
east of Kalar Road, south of McLeod Road. In addition, at the north-east corner of
the Kalar and McLeod intersection, two buildings for apartment dwellings, with a
maximum height of 12 and 13 storeys, are permitted. To the west of Kalar Road, are
Public and Catholic elementary school properties—the massing will be similar in
scale to the proposed development.
The amendment will redesignate a portion of the lands depicted as “Proposed
Change” in Map 1, from Environmental Protection Area to Mixed Use. The
redesignation is appropriate as Niagara Region staff have approved the location of
the tributary of Warren Creek top of bank and its 3 metre buffer. As well, Niagara
Peninsula Conservation Authority (NPCA) staff have approved the location of the
associated floodplain. Niagara Region and NPCA staff are satisfied with the
proposed Environmental Protection Area lands.
The Mixed Use designated lands will be developed for high density residential use
and the Environmental Protected Area designated lands, consisting of the tributary
of Warren Creek, its top of bank and 3 metre buffer, and associated floodplain will be
appropriately designated and zoned Environmental Protection Area to protect the
feature. Development and site alteration may be permitted within or adjacent to
floodplains or erosion hazards subject to written approval from the NPCA.
The proposed development will contribute to the intensification of the City’s Built-up
Area.
PART 2 – BODY OF THE AMENDMENT
All of this part of the document entitled PART 2 – BODY OF THE AMENDMENT, consisting
of the following Mapping Changes and Text Changes, constitute Amendment No. XXX 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 “Areas Affected by this Amendment”, shown on the maps attached hereto,
entitled “Map 1 to Amendment XXX”, shall be identified as Subject to Part 5, Section
1 Policy 2.6.5.1.1 and Subject to Part 5, Section 1 Policy 2.9.3.6.1 on Schedule A3
to the Official Plan-Garner South Secondary Plan and a portion of the subject lands
shall be redesigned from Environmental Protection Area to Mixed Use.
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2. TEXT CHANGES
PART 5, SECTION 1 –is amended by adding the following subsections:
2.6.5.1.1 Despite the height provisions of Part 5, Section 1 Policy 2.6.3 and the
maximum density provisions of Part 5, Section 1 Policy 2.6.5.1, stand
alone residential use buildings may be developed which shall not exceed
13 and 15 storeys, at a maximum height of 47 metres with a maximum
density of 340 units per hectare.
2.9.3.6.1 Development and site alteration may be permitted within or adjacent to
floodplains or erosion hazards subject to written approval from the NPCA.
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CITY OF NIAGARA FALLS
By-law No. 2025-0XX
A by-law to amend By-law No. 79-200 to permit the use of the Lands for 13 and 15 storey
apartment dwellings with 412 dwelling units and to protect a tributary of Warren Creek
and its associated floodplain, subject to the removal of a Holding (H) symbol and a 3-year
sunset clause (AM-2024-011).
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
1. The Lands that are the subject of and affected by the provisions of this by-law are
described in Schedules 1 and 2 of this by-law and shall be referred to in this by-
law as the “Lands”. Schedules 1 and 2 are a part of this by-law.
2. The Lands shall be identified as two parcels known as R5F(H)-XXX and EPA.
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 R5F(H)-XXX, the uses permitted in the R5F zone.
(b) For Parcel EPA, the uses permitted in the EPA zone.
6. The regulations governing the permitted uses on Parcel R5F(H)-XXX shall be:
(a) Location of the various components of
the building or structure on the Lands,
their maximum height and maximum
number of storeys and minimum yards
Refer to the plan on Schedule 2 of
this by-law and clause (d) of this
section.
(b) Minimum lot area 29 square metres for each dwelling
unit
(c) Maximum lot coverage 35%
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2
(d) Maximum height of building or
structures
47 metres or 15 storeys, whichever
is less, subject to section 4.7 of By-
law 79-200
(e) Number of apartment dwellings on one
lot
2
(f) Minimum number of parking spaces 1.25 parking spaces per dwelling
unit
(g) Minimum landscaped open space area 34.5%
(h) Projection of a balcony into a required
yard
1.98 metres
(i) The balance of regulations specified for a R5F use.
7. The regulations governing the permitted uses on Parcel EPA shall be the
regulations specified for an EPA use.
8. All other applicable regulations set out in By-law No. 79-200, as amended, shall
continue to apply to govern the permitted uses on the Lands, with all necessary
changes in detail.
9. No person shall use the Lands for a use that is not a permitted use.
10. No person shall use the Lands in a manner that is contrary to the regulations.
11. The 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 R5F(H) and numbered XXX 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:
• File and have acknowledged by the Ministry of Environment, Conservation,
and Parks a Record of Site Condition with a copy provided to the City;
• Provide a Restoration Plan that illustrates how the 3 metre buffer from the
permanent/intermittent watercourse (tributary of Warren Creek) will be
planted to the satisfaction of the City; and,
• Provide an updated Noise Study to the satisfaction of the City.
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3
12. The provisions of this by-law shall be shown on Sheet B6 of Schedule “A” of By-
law No. 79-200 by designating a portion of the Lands from LI to R5F(H) and
numbered XXX and a portion of the Lands from LI to EPA.
13. Should the owner of the Lands not execute a Site Plan agreement within 3 years
of this by-law coming into effect, then the zoning of the lands zoned R5F(H)-XXX
shall be of no force and effect, and the zoning of the Lands will revert to the Light
Industrial (LI) zone.
14. Notwithstanding clause 13 above, the approval of this by-law may be extended by
1 year at the discretion of the General Manager of Planning, Building and
Development.
15. Section 19 of By-law No. 79-200 is amended by adding thereto:
19.1.XXX Refer to By-law No. 2025-0XX.
Read a First, Second and Third time; passed, signed and sealed in open Council
this XXth day of XXXX 2025.
....................................................................... .....................................................................
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
Page 26 of 28
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Page 27 of 28
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Page 28 of 28
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Address: 7302 Kalar Road
Applicant: 2131595 Ontario Inc. (Terry Perri)
Proposal: To increase the permitted density and to rezone to permit two 13 and 15 storey apartment buildings
with a total of 412 dwelling units
Official Plan & Zoning By-law
Amendment Applications
AM-2024-011 Page 263 of 434
A GREAT CITY…FOR GENERATIONS TO COME
Background
Proposal
The applications are to redesignate the subject lands to Residential, High Density with a Special
Policy Area to permit increased maximum height (15 storeys) and density (340 units per hectare)
and to amend the portion of the subject lands that are Environmental Protection Area; and, to
rezone to a site specific Residential Apartment (R5F) zone to permit 13 and 15 storey apartment
buildings.
Official Plan
The subject lands are designated Residential, Environmental Protection Area and Environmental
Conservation Area in the Official Plan; and, Mixed Use and Environmental Protection Area in the
Garner South Secondary Plan. The Mixed Use designation permits stand alone residential uses—
Staff recommends retaining the Mixed Use designation. An Official Plan amendment is required to
permit the increased height and density which will be captured in the Special Policy Area and to
amend the portion of Environmental Protection Area, as supported by Niagara Region and NPCA
staff.
Zoning By-law No. 79-200
The subject lands are currently zoned Light Industrial (LI). A Zoning By-law amendment to a site
specific R5F zone is required to permit the proposed development. Page 264 of 434
A GREAT CITY…FOR GENERATIONS TO COME
Location
PROPOSED
DEVELOPMENT
DSBN
Elementary
School
Niagara
Peninsula
Energy Inc.-
Service Centre
NCDSB
Elementary
School
Commercial
Plaza
Apartment
Building- 3
storeys
Apartment Building
A:12 and 13 storeys *
B: 6 storeys
C: 7 storeys *
(*not constructed yet)
A B
C
Page 265 of 434
A GREAT CITY…FOR GENERATIONS TO COME
Site Plan
N
North Building
13 storeys
South Building
15 storeys
3 storeys
3 storeys
Portion
Designated
and Zoned
Environmental
Protection
Area
Page 266 of 434
A GREAT CITY…FOR GENERATIONS TO COME
Perspectives
View from Kalar Road
View from North Side of Property
(McLeod Road)View from South Side of Property
North Building
13 storeys
South Building
15 storeys Page 267 of 434
A GREAT CITY…FOR GENERATIONS TO COME
Proposed Official Plan Amendment
A
B
C
A- Special Policy Area
Permits maximum height of 15
storeys and maximum density of
340 units per hectare.
B- Environmental Protection
Area Designation Removed
Supported by Niagara Region
and NPCA
C- Environmental Protection
Area Retained
Development/site alteration
May be permitted in Floodplain
with written approval from
NPCA
Page 268 of 434
A GREAT CITY…FOR GENERATIONS TO COME
Proposed Zoning Relief- R5F-XX
Min. Lot Area
Proposed: 29.0 m2
/ dwelling unit
Required: 57 m2
/ dwelling unit
Max. Height of Building
North tower: 41.0 m
South tower: 47.0 m
Permitted: 28 m
# of Parking Spaces
Proposed:
515 (at rate of
1.25/dwelling)
Required: 577 (at rate of
1.4/dwelling)
Maximum lot coverage
Proposed: 35%
Permitted: 30%
Min. Interior Side Yard Width
Proposed:
North tower: 8.81 m
South tower: 9.15 m
Required:
North tower: 10.10 m
South tower: 11.62m
Number of Apartment
Dwellings on One Lot
Proposed: 2
Permitted: 1
Min. Landscaped Open
Space Area
Proposed: 34.5 %
Required: 55 %
Min. Front Yard Depth
Proposed: 6.67 m +13 m from CL
Required: 7.5 m +13 m from CL
Projection of a Balcony Into a
Required Yard
Proposed: 1.98 m
Permitted: 1.8 m
Min. Rear Yard Depth
Proposed:
North tower- 15.0 m
South tower- 18.99 m
Required:
North tower-20.19 m
South tower- 23.24 m
North Building
13 storeys
South Building
15 storeys Page 269 of 434
A GREAT CITY…FOR GENERATIONS TO COME
Neighbourhood Comments
The Public Open House was held on November 4, 2024 with a representative of Niagara Peninsula
Energy Inc. (NPEI) present. The NPEI presented the agency’s written submission:
Issue Solution
Noise and Light in Laydown Yard Provision of Noise and Light
Warning Clauses in future Site
Plan/Condominium Agreements.
Increase Traffic Transportation improvements have
been identified by Transportation
Services staff.Page 270 of 434
A GREAT CITY…FOR GENERATIONS TO COME
Recommendations
•That Council APPROVE the Official Plan and Zoning By-law
amendments as detailed in this report for 13 and 15 storey
apartment buildings on the subject lands, in part, and the
protection of a regulated watercourse and its associated
floodplain, in part, subject to the regulations outlined in this
report.
•That Council AUTHORIZE the inclusion of a Holding (H)
provision in the amending zoning by-law to require a Record of
Site Condition (RSC) be filed and acknowledged by the
Ministry of Environment, Conservation, and Parks with a copy
provided to the City; the submission of a Restoration Plan;
and, the submission of an updated Noise Study; all to the
satisfaction of the City.
•That Council AUTHORIZE the amending by-law which
includes a sunset clause to require the execution of a Site
Plan agreement within three years of the amending by-law
coming into effect, with the possibility of a one-year extension
at the discretion of the General Manager of Planning, Building
and Development.Page 271 of 434
Official Plan and Zoning By-law
Amendment
Multi-Unit Residential Development
7032 Kalar Road
Public Meeting
April 8, 2025
Page 272 of 434
Project Overview
▪1.29 ha property fronting onto Kalar Road, near McLeod Road.
▪Existing light industrial building on property to be removed.
▪Proposing two apartment buildings with access from Kalar Road.
▪13-storey north building and 15-storey south building.
▪Each building will be stepped-back with 3-storeys along Kalar
Road.
▪Total of 412 purpose-built apartment units.
▪A public meeting was held November 4th, 2024. None of the
notified neighbours attended.Page 273 of 434
Page 274 of 434
Page 275 of 434
Page 276 of 434
▪Human Scale
▪Sensitive to its context
Page 277 of 434
Page 278 of 434
Page 279 of 434
Page 280 of 434
Supporting Documents
▪Conceptual Site Plan & Architectural Drawings/Elevation Plans
▪Planning Justification Report –development consistent with
Provincial, Regional and local plans & policies.
▪Urban Design Brief – proposed development meets City’s design
guidelines.
▪Functional Servicing Report including Stormwater Management Plan
– existing municipal infrastructure on Kalar Road has capacity to
service proposed development. 3rd Party sanitary sewer modelling
and hydrant test completed – sufficient capacity.
▪Noise and Vibration Study – future traffic conditions will exceed
MECP noise guidelines at the property, however the apartment
buildings will meet OBC requirements for acoustical insulation
indoors.Page 281 of 434
Supporting Documents
▪Traffic Impact Study – traffic movements will continue to operate at
acceptable levels post-development.
▪Tree Preservation Plan – preservation measures provided for trees
located outside of the development area.
▪Wind Study – wind levels will be suitable on the site post-
development, with the exception of some uncomfortable winds
between the buildings during winter.
▪Environmental Site Assessment – no groundwater contamination on
the property. Six areas of soil contamination identified, which have
been remediated. Application for RSC being submitted.
▪Natural Environment Analysis – development will not impact the
adjacent watercourse, and associated floodplain will not impact the
apartment buildings or parking area.Page 282 of 434
Page 283 of 434
MW-2025-08
Engineering
Report
Report to: Mayor and Council
Date: April 8, 2025
Title: Assumption of Various Subdivisions
Recommendation(s)
THAT Council APPROVE final assumption of Beaver Valley Corridor Phase 1 (Plan
59M-492), Beaver Valley Corridor Phase 2 (Plan 59M-496), Chippawa West Phase 2
Stage 4 (Plan 59M-447), and Warren Woods Phase 5 Stage 3 (Plan 59M-463)
subdivisions.
Executive Summary
Final assumption of the subdivisions referenced herein is recommended on the basis
that the respective Developers have fulfilled their obligations under the Subdivision
Agreements.
Upon final assumption, all remaining securities shall be released to the Developers and
the City shall assume responsibility for the operation and maintenance of the municipal
infrastructure within the subdivisions.
According to the terms in the Subdivision Agreements, the City shall issue a ‘Certificate
of Assumption’ for the following subdivisions:
Subdivision Name Registered Plan No.
Beaver Valley Corridor Phase 1 59M-492
Beaver Valley Corridor Phase 2 59M-496
Chippawa West Phase 2 Stage 4 59M-447
Warren Woods Phase 5 Stage 3 59M-463
Background
Subdivision Agreements are entered into between the Developer of a new subdivision
and the City to ensure that the requirements of the City and external agencies are
satisfied and that securities are provided where necessary.
The Agreements outline the Developer’s obligations to ensure that municipal
infrastructure is constructed in accordance with the approved engineering drawings and
in compliance with applicable standards. Prescribed maintenance periods are defined to
Page 1 of 9
Page 284 of 434
ensure that construction deficiencies are identified and remedied prior to assumption by
the City.
Final assumption defines that date when remaining securities are released to the
Developer and all operation and maintenance responsibilities of the municipal
Infrastructure within the subdivision are assumed by the City.
Following formal assumption, and in accordance with the terms of the Subdivision
Agreements, the City shall issue a ‘Certificate of Assumption’ to the respective
Developers.
Analysis
The Developers have fulfilled the obligations as described within their respective
Subdivision Agreements and as such the following subdivisions are recommended for
Final Assumption:
Municipal Works File
No. Subdivision Name Registered Plan No.
26T-11-2017-004 Beaver Valley Corridor Phase 1 59M-492
26T-11-2017-004 Beaver Valley Corridor Phase 2 59M-496
2017-360 Chippawa West Phase 2 Stage 4 59M-447
2016-359 Warren Woods Phase 5 Stage 3 59M-463
The municipal infrastructure within these subdivisions has been inspected and deemed
to have been constructed in accordance with the approved engineering drawings and in
compliance with applicable standards. The required construction maintenance periods
have expired.
Through the assumption of the noted subdivisions, the City will assume responsibility for
the operation and maintenance of the municipal infrastructure summarized below:
Approximate Length of Municipal Asset (m)
Subdivision
Name Roads Sidewalks Storm
Sewer
Sanitary
Sewer Watermain
Beaver Valley
Corridor
Phase 1
0 279 0 0 0
Beaver Valley
Corridor
Phase 2
600 560 559 547 673
Chippawa West
Phase 2 Stage 4 390 1,217 740 878 823
Warren Woods
Phase 5 Stage 3 489 326 630 364 445
Page 2 of 9
Page 285 of 434
Total Length of
Asset (m): 1,479 2,382 1,929 1,789 1,941
Estimated
Capital
Replacement
Cost:
$0.26 M $0.36 M $1.34 M $0.90 M $1.16 M
Estimated
Annual
Operation &
Maintenance
Cost:
$7.9 K $10.9 K $40.4 K $27.1 K $34.8 K
Based on the above inventory, the City is prepared to assume approximately $4.02
million worth of new core assets. The City is responsible for the full lifecycle cost
accounting and funding of these assets, including inspection activities, operation and
maintenance activities, capital rehabilitation programming, and eventually capital
replacement.
Operational Implications and Risk Analysis
Annual Operational Maintenance has been initiated with the original registration of the
developments. Future Capital renewals for municipal assets located within the rights-of-
way shall be budgeted for, in accordance with asset lifecycle rehabilitation
programming, levels of service and policy statements, and related asset management
plans.
Financial Implications/Budget Impact
Following the formal assumption of the subdivisions as described herein, a ‘Certificate
of Assumption’ will be issued to the respective Developers and all remaining securities
shall be released.
Operations staff will be advised of the subdivision assumptions and circulated
infrastructure details for maintenance purposes.
The following table summarizes the financial asset inventory details for the subdivisions
being assumed. As a result of assuming approximately $4.02 million worth of assets,
the City anticipates that the annual operating budget impact will be approximately
$121.1 thousand, based on Minimum Maintenance Standards and Asset Management
planning and programming.
Subdivision Name Estimated Capital
Replacement Cost
Estimated Annual
Operation &
Maintenance Cost
Beaver Valley Corridor Phase 1 $0.04 M $1.1 K
Beaver Valley Corridor Phase 2 $1.16 M $35.0 K
Chippawa West Phase 2 Stage 4 $1.86 M $56.1 K
Page 3 of 9
Page 286 of 434
Subdivision Name Estimated Capital
Replacement Cost
Estimated Annual
Operation &
Maintenance Cost
Warren Woods Phase 5 Stage 3 $0.96 M $28.9 K
Total: $4.02 M $121.1 K
Strategic/Departmental Alignment
Implementation of these works meets the intent of Council’s Strategic Priorities to
establish infrastructure investment priorities and to strengthen and promote economic
development within the City.
Strategic Plan Pillars
Customer Service
Delivering a welcoming and consistent customer service experience centred around the
people we serve.
Economic Diversification & Growth
Fostering a balanced and sustainable local economy achieved by expanding and
diversifying the types of industries and businesses operating within the community.
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 - Environmental
Implementing practices and policies to ensure the health and well-being of the
environment for current and future generations.
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)
Tara Gudgeon, Senior Manager of Asset Management
List of Attachments
Attachment 1_Beaver Valley Corridor PH1 (26T-11-2017-004)_59M-492
Attachment 2_Beaver Valley Corridor PH2 (26T-11-2017-004)_59M-496
Attachment 3_Chippawa West PH2 ST4 (2017-360)_59M-447
Attachment 4_Warren Woods PH5 ST3 (2016-359)_59M-463
Page 4 of 9
Page 287 of 434
Written by:
Brian Kostuk, Development Services Supervisor
Submitted by: Status:
Erik Nickel, General Manager of Municipal Works Approved
- 27 Mar
2025
Jason Burgess, CAO Approved
- 31 Mar
2025
Page 5 of 9
Page 288 of 434
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Page 292 of 434
MW-2025-09
Engineering
Report
Report to: Mayor and Council
Date: April 8, 2025
Title: Shared Service Agreement with Niagara Parks Commission
Recommendation(s)
That Council AUTHORIZE the General Manager Municipal Works / City Engineer to
enter into agreement with the Niagara Parks Commission for the delivery of Shared
Services on River Road between Hiram Street and Glenview Avenue.
Executive Summary
An update to the 2015 Shared Service Agreement for River Road between Hiram Street
and Glenview Avenue was undertaken by Niagara Parks Commission (NPC) and City
staff.
In this updated agreement the areas of responsibility remain largely unchanged;
however a new column with a description of the services has been added to help
expand upon the detailed inclusions within each individual responsibility.
Municipal Works Staff have developed a good working relationship with our
counterparts at the NPC, and in the spirit of this cooperative relationship Staff
recommend entering into this agreement. Doing so will ensure both parties continue to
respect the areas of responsibility without the need for costly and time-consuming
easements or land registrations.
Background
The segment of River Road between Hiram Street and Glenview Avenue under the
jurisdiction of the Niagara Parks Commission (NPC) is unique in that it provides both an
important transportation link for the NPC and a necessary corridor to convey City
infrastructure to abutting property owners. Elsewhere, NPC lands primarily only serve
NPC's purposes.
To reflect the respective obligations of the City and NPC, and to provided greater clarity
beyond the payment agreement (in lieu of taxation) that exists between both parties, a
shared services agreement was reached in 2015. The delivery of services has
traditionally been done at no cost to either party unless one party takes the lead on a
project which would result in a cost-sharing arrangement.
Analysis
Page 1 of 6
Page 293 of 434
An updated payment agreement was executed between the NPC and City in the fall of
2024. Similar to the agreement in 2015, the 2024 agreement does not touch on the
details of maintenance responsibilities and therefore an updated agreement was
deemed to be appropriate by respective Staff.
Executing a new Shared Services Agreement will continue to allow for collaboration and
cooperation in the delivery of our respective core services and duties. The new
agreement also expands upon the details of the included services so as to provide
greater clarity for both parties. A copy of the agreement is included as an attachment to
this report. It is recommended that Council authorize the General Manager Municipal
Works / City Engineer to execute this agreement.
Operational Implications and Risk Analysis
The City's responsibility to deliver operational services, and to plan for asset renewal
will continue status quo given that the agreement only includes minor changes. The
City's insurer will receive a copy of the executed agreement for the purposes of
ensuring adequate coverage and risk mitigation.
Financial Implications/Budget Impact
The costs associated with the agreement have already been included in operating
budgets and capital forecasts. Actual historical cost to deliver this shared service are
not calculable due to the integrated nature of the City's operations and budgets and due
to the variability of maintenance needs brought about in any given year.
Strategic/Departmental Alignment
The contents of this report are administrative and do not necessarily align with any
specific Council or departmental priorities.
Strategic Plan Pillars
List of Attachments
Letter to City re Shared Services - Mar 12, 2025_NPC signed
Written by:
Erik Nickel, General Manager of Municipal Works
Submitted by: Status:
Erik Nickel, General Manager of Municipal Works Approved
- 27 Mar
2025
Jason Burgess, CAO Approved
- 31 Mar
2025
Page 2 of 6
Page 294 of 434
Page 3 of 6Page 295 of 434
I/we hereby agree to the terms and conditions set out herein. Dated this ______________ day of March, 2025. The Corporation of the City of Niagara Falls ___________________________________ Name: Title: ___________________________________ Name: Title: I am/we are authorized to bind the Corporation. Page 4 of 6Page 296 of 434
Page 5 of 6Page 297 of 434
Page 6 of 6Page 298 of 434
PBD-2025-24
Planning
Report
Report to: Mayor and Council
Date: April 8, 2025
Title: 2025 Planning Fees Update
Recommendation(s)
That Council APPROVE the recommended changes to the 2025 Planning Fees, that
reflect the extra costs to the municipality resulting from the downloading of the Niagara
Region planning responsibilities to the City of Niagara Falls effective April 1, 2025.
Executive Summary
Bill 23, the More Homes Built Faster Act, 2022, made changes to the Planning Act that
removed planning responsibilities from several upper-tier municipalities. On March 31,
2025, the Region of Niagara became an “upper-tier municipality without planning
responsibilities”. This means the Region will no longer review or comment on
development applications relative to planning matters of Provincial or Regional interest,
such as the Regional Official Plan, natural environment, climate change, housing, land
use compatibility, employment, growth, archaeological or aggregate resources.
The responsibility to review and comment on development applications relative to
matters of provincial and regional interest has transferred from the Region to the City of
Niagara Falls Planning, Building and Development (PBD) Department. This will result in
increased demands on PBD staff time and costs to the City.
The Region will no longer charge fees to cover its costs to review development
applications relative to planning matters of Provincial or Regional interest. The Region
will continue to charge fees to review development applications relative to regional
infrastructure matters.
Section 69 of the Ontario Planning Act gives municipalities the authority to charge fees
to process development applications, up to the anticipated cost to the municipality. The
City’s current planning fees cover the cost to review development applications relative
to City policy (Official Plan, Zoning Bylaw, Site Plan guidelines, etc). The City should
consider amending its planning fees to reflect the additional responsibility of reviewing
development applications relative to matters of provincial and regional interest, such
that this added expense is not borne by the taxpayer.
Page 1 of 6
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Recommended amendments to the City's planning fees are the subject of this report to
Council.
Background
The authority for municipalities to charge fees to process development applications falls
under Section 69 of the Planning Act. The Planning Act identifies that fees can be
charged for the processing of planning applications, only up to the anticipated cost to
the municipality.
By way of Report PBD-2023-82, dated December 12, 2023, Council approved a
comprehensive update to the City’s planning fees based on a full cost recovery model,
as recommended through the 2023 Planning Services Fee Study conducted by Watson
Economics. Such fees include those charged for processing a variety of development
applications such as official plan amendments, zoning bylaw amendments, site plan
applications, etc. Fees are intended to cover the direct costs, indirect costs and capital
costs incurred by the City, such that the costs to review development applications are
not borne by the taxpayer.
Direct costs include items such as wages, benefits and contract services assumed by
the City that are directly related to application processing. Indirect costs represent other
costs incurred by the City that indirectly support the processing of planning applications,
such as those incurred by Council and Clerks, Corporate Services, IT, Human
Resources and Procurement. Capital costs represent the proportional utilization of the
City's facilities.
Bill 23, the More Homes Built Faster Act, 2022, made changes to the Planning Act that
removed planning responsibilities from several upper-tier municipalities. The
proclamation date for the Regions of Peel, Halton, and York to become ‘upper-tier
municipalities without planning responsibilities’ was July 1, 2024, while the Regions of
Durham and Waterloo lost their planning authority effective January 1, 2025.
The proclamation date for the Niagara Region to become an upper-tier municipality
without planning responsibilities was March 31, 2025. This means the Region of
Niagara will no longer review or comment on a variety of planning applications, relative
to matters of Provincial or Regional interest. In addition to provincial legislation, this
includes matters such as the Regional Official Plan, natural environment, climate
change, housing, land use compatibility, employment, growth, archaeological or
aggregate resources.
This responsibility will shift to the City of Niagara Falls and specifically the Planning,
Building and Development (PBD) Department, resulting in increased demands on PBD
staff time and costs to the City. Application processing timelines will be closely
monitored to ensure the City continues to meet the application approval timelines
legislated by the province through the Planning Act. Should application volumes exceed
the capacity of the PBD Current Development group, several options will be considered
including the approval of overtime, retaining consulting services, and redirecting PBD
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Policy staff from less time-sensitive projects such as secondary plans, policy and
housing initiatives, and community improvement plans. The City has been working with
the Niagara Region in regard to this transition, planning staff have undertaken training
relative to new review responsibilities, and the City has retained an environmental
consultant to review all environmental matters.
The Region will continue to review and comment on matters of regional interest, where
water and wastewater servicing and transportation networks are operated under a two-
tier system. For instance, Niagara Region is responsible for water treatment,
transmission mains, major pumping stations, wastewater treatment, trunk sewers,
sewage pumping stations and regional roads. To this end, at it's meeting of February 4,
2025, Council endorsed a ‘Memorandum of Understanding for Engineering Review
Function with Niagara Region’ and authorized the Chief Administrative Officer to sign
the MOU.
The Region will stop charging for its planning review services after March 31, 2025. The
Regional had previously charged planning fees ranging from $11,000 for an Official
Plan Amendment application to $720 for a Consent application. The Region will
continue to charge for engineering reviews, including a pre-consultation fee. Moving
forward, development applications will be circulated to the Region's Engineering group
only.
Since the City will be assuming additional planning responsibilities, Planning fees
should be adjusted accordingly to reflect the additional anticipated cost to the
municipality.
Analysis
To fully understand the financial, staffing and resource implications of the downloading
of regional planning responsibilities to the City, the 2023 Planning Fee Study should be
updated. City planning staff will continue to review development applications relative to
the City’s Official Plan, Zoning Bylaws and Site Plan Guidelines, but will also perform
the work previously undertaken by Regional Planning staff, being the review of planning
applications relative to matters of provincial and regional interest including the Regional
Official Plan, natural environment, climate change, housing, land use compatibility,
employment, growth, archaeological or aggregate resources. Staff recommend the 2023
Planning Fees study be updated in 2026 and will bring forward a funding request to this
effect through the 2026 budget process.
In the meantime, it is recommended that a Planning Fee increase be considered at this
time to cover the additional cost to the City to assume Regional planning
responsibilities. It is expected that some efficiencies will be realized in the consolidation
of planning application review responsibilities, relative to capital costs and some indirect
costs.
It is recommended that the City increase its planning fees by 75% of the associated
Regional fee. Rather than charge 100% of the Regional fee, the 25% reduction intends
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to recognize the above noted efficiencies, and that the Region will continue to charge
for engineering reviews. A 2023 fee study updated the Region of Niagara planning fees
in a similar manner to the City’s, so regional fees are expected to be current and
relevant to planning review services offered.
As an example, the Region’s fee for a major Official Plan Amendment application was
$11,000 and the City’s fee is $16,707 - it is recommended that the City update the major
OPA fee to $24,957, being $16,707 + $8,250 (75% of $11,000). The table provided as
Appendix 1 similarly calculates a proposed fee for all matters previously reviewed by the
Region. Where matters fall wholly under the purview of Regional review and approval,
such as a Regional Official Plan Amendment, it is recommended that the entire fee be
carried forward.
As the City does not have an environmental planner on staff to review environmental
matters or provide such expertise, a consultant has been retained to perform this
function. The fees proposed for the review of environmental matters reflect the costs to
retain the environmental consultant.
There are no legislated public consultation requirements relative to the establishment or
setting of planning fees, in either the Planning Act or the Municipal Act. The CAO has
discussed this proposed fee update with housing industry representatives, including the
Niagara Home Builders Association, and they are not opposed to the increase.
When the City’s new Official Plan is approved by the province, the Regional Official
Plan will be revoked, meaning the City will no longer need to consider Regional Official
Plan policy when processing development applications. This would be considered in the
2026 Planning Fee update and could result in a decrease in fees.
Should Council approve Report PBD-2025-24, a Fee Bylaw amendment is attached to
the April 8, 2025 agenda for Council consideration.
Operational Implications and Risk Analysis
The downloading of Regional planning responsibilities to the City will result in increased
pressure on staff resources. No additional staffing is recommended at this time,
however PBD policy staff may be redirected to development matters, overtime costs
may exceed allocated funding, and consulting services may be required in order to meet
provincially legislated approval timelines.
Financial Implications/Budget Impact
The proposed planning fee increase is recommended as an interim measure in an effort
to cover the additional operational costs to the City, associated with assuming regional
planning responsibilities. While revenue is expected to increase, this will offset the costs
associated with additional overtime and the retention of consulting services, resulting in
a cost neutral scenario.
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An update of the 2023 Planning Fee Study, in early 2026, will insure all direct, indirect
and capital costs associated with the processing of development applications are
captured to achieve full cost recovery.
Should fees not be increased, funds will need to be assigned from the tax levy to make
up funding shortfalls.
Strategic Plan Pillars
Customer Service
Delivering a welcoming and consistent customer service experience centred around the
people we serve.
Sustainability - Financial
Effectively managing the City’s financial resources to meet our current and future
obligations without relying on external funding sources or sacrificing our ability to deliver
essential services to our residents .
List of Attachments
APPENDIX 1 PBD-2025-24
Written by:
Signe Hansen, Director of Planning
Submitted by: Status:
Signe Hansen, Director of Planning Approved
- 04 Apr
2025
Jason Burgess, CAO Approved
- 04 Apr
2025
Page 5 of 6
Page 303 of 434
APPENDIX 1
PROPOSED PLANNING FEES
APPLICATION TYPE
2025
REGIONAL FEE
2025
CITY FEE
PROPOSED
FEE
SAVINGS
Regional Official Plan Amendment
ROPA: Urban Area Boundary Expansion
ROPA: To establish pit or quarry
$20,500
$63,630
$128,710
$20,500
$63,630
$128,710
Official Plan Amendment
Major (4 or more studies)
Standard (under 4 studies)
$11,000
$11,000
$16,707
$10,610
$24,957
$18,860
$2,750
$2,750
Privately Initiated Secondary Plans $15,225 $15,225
Zoning By-law Amendment
High Rise Buildings (10 Storeys or more)
Complex (4 studies or more)
Standard
Minor (PJR only)
$ 1,485
$19,615
$18,035
$13,257
$8,271
$20,729
$19,149
$14,371
$9,385
$371
$371
$371
$371
Combined OPA/ZBA
Combined High Rise
Combined Major
Combined Standard
$12,485
$12,485
$12,485
$26,523
$22,279
$16,975
$35,887
$31,643
$26,339
$3,121
$3,121
$3,121
Site Plan Application
High Rise (10 Storeys or more)
All other lands
$1,485
$1,485
$12,195
$9,013
$13,309
$10,127
$371
$371
Subdivision
Base Fee $5,691 14,740 $19,008 $1,423
Modifications to Draft Approval $2,950 $3,925 $6,138 $738
Extension of Draft Approval $1,485 $2,122 $3,236 $371
Condominium
Vacant Land Condominium (VLC) $2,950 $12,731 $14,944 $738
Common Element/Standard Condo $2,950 $11,237 $13,450 $738
Modification Draft Approval $750 $3,708 $4,271 $187
Extension of Draft Approval $825 $2,122 $2,741 $206
Committee of Adjustment
Consent Application $720 $4,310 $4,850 $180
Environmental Matters
• Major Environmental Impact Study
Review (2 or more features) – includes
TOR and Draft review fees
$4,110
$2,750 $1,360
• Minor Environmental Impact Study
Review (1 feature) - includes TOR and
Draft review fees
$2,610
$2,100
$500
• EIS Second Submission/Addendum Half Original Fee $625 $675 to
$1,430
• Review of Restoration Plan $760 $848 ($88)
• Review of Tree Preservation Plan $395 $565 ($170)
• Review of Monitoring Plan $975 $848 $127
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CS-2025-25
Report
Report to: Mayor and Council
Date: April 8, 2025
Title:
Permanently Close and Declare Surplus Part of Bossert
Road between Willoughby Drive and Niagara River Parkway;
Niagara Falls
Our File: 2025-018
Recommendation(s)
1. That Council AUTHORIZE that part of the Bossert Road road allowance between
Willoughby Drive and Niagara River Parkway (the "Subject Lands") as shown hatched
in red on Attachment 1 attached hereto, be permanently closed and declared surplus to
the City's needs.
2. That Council AUTHORIZE that the portion of Bossert Road shown in red on
Attachment 1 be transferred to the adjacent owners, Vincent and Cathy Kerrio, for fair
market value subject to the transfer of easements detailed in this report.
3.That Council AUTHORIZE that the portion of Bossert Road immediately west of
Niagara River Parkway as shown hatched in green on Attachment 1, be transferred to
the Niagara Parks Commission.
4. That Council AUTHORIZE the Chief Administrative Officer and City Solicitor, or their
designate, to execute all documentation and take steps necessary to carry out
Recommendations 1, 2 and 3.
Executive Summary
The Subject Lands form part of Bossert Road between Willoughby Drive and Niagara
River Parkway. The lands are an unopened and unmaintained road allowance
described as the Road Allowance between Lots 8 and 9, Concession 1, Willoughby and
the Road Allowance between Lots 8 and 9, Broken Front Concession, Niagara River
Willoughby, being all of PIN 64253-0137 (LT). The lands contain an area of
approximately 6 acres and are zoned rural with the exception of the frontage along the
Niagara River Parkway which is zoned Niagara River Parkway Residential.
Background
The City has received a request from Vincent Anthony Kerrio and Cathy Joyce Kerrio, to
purchase the subject lands as the road allowance is adjacent their properties at 12127
Niagara River Parkway and the vacant lands south of Bossert Road and east of
Willoughby Drive.
Page 1 of 4
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The subject lands are part of Bossert Road which is an unopened, unimproved road
allowance, that provides driveway access to two abutting properties as well as access
to a small City maintained cemetery.
Information on the subject lands has been forwarded to City departments, all abutting
property owners and external agencies.
Public notice has been provided in accordance with the City's By-law No. 2003-02 which
included posting notice on the City's website and publication in the Niagara Falls
Review on March 22, 2025.
Analysis
Information about the subject lands was circulated to City departments for comment as
well as external agencies that included public utility companies and the Niagara Parks
Commission, and all abutting property owners. The comments received are summarized
below.
Inter-Departmental Comments
The subject lands provide access to a small 40 feet x 40 feet cemetery, known as the
Byer Burial Ground, shown on Attachment 1. The City is obligated to maintain
abandoned cemeteries. The cemetery was cleared out approximately 3 years ago and
has been maintained annually by the City since. The fence and gate will be replaced
and the monuments will be restored in future budget years. Provided access rights are
preserved for the City by way of a permanent easement, there are no objections to the
sale.
Fire Services and Planning and Building Services have no objection to the sale.
Niagara Parks Commission
The Niagara Parks Commission has requested a transfer of the portion of Bossert Road
immediately west of the Niagara River Parkway to fill in NPC's ownership gap along
Service Road 20 and the recreational trail to align with their land ownership immediately
north and south of this section of Bossert Road. This area is shown hatched in green
on Attachment 1 and contains an area of approximately 3,300 sq. ft. Niagara Peninsula
Energy Inc. and Enbridge also have infrastructure located within this area that will
require protection by way of an easement. Staff are supportive of a Transfer to NPC for
nominal consideration as the lands will be encumbered by easements and will remain
publicly accessible.
Abutting Property Owners
All abutting property owners were provided with notice of the request to purchase the
subject lands. The owners of 12051 Niagara River Parkway and a vacant parcel north of
the road allowance use the lands for access to their property. The purchaser has
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agreed to acquire the subject lands conditional on the City granting an easement for
access to these owners providing them with permanent access rights to their properties.
Operational Implications and Risk Analysis
The City provides minimum maintenance to the subject lands and this will no longer be
required upon sale of the lands. The City requires access to the cemetery for annual
inspection and maintenance and a permanent easement will be retained for access to
the cemetery.
Financial Implications/Budget Impact
The Subject Lands will be sold for fair market value which will be determined by an
independent third-party appraiser. All costs to facilitate the sale including but not limited
to public notice, appraisal, survey and legal expenses will be the responsibility of the
purchaser. The sale proceeds will be credited to the Land Sale Reserve.
Strategic Plan Pillars
Customer Service
Delivering a welcoming and consistent customer service experience centred around the
people we serve.
Sustainability - Environmental
Implementing practices and policies to ensure the health and well-being of the
environment for current and future generations.
List of Attachments
Attachment 1 - BossertRd
Written by:
Stephanie Tripp, Manager of Realty Services
Submitted by: Status:
Shelley Darlington, General Manager of Corporate
Services
Approved
- 31 Mar
2025
Jason Burgess, CAO Approved
- 01 Apr
2025
Page 3 of 4
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RCF-2025-05
Recreation and Culture
Report
Report to: Mayor and Council
Date: April 8, 2025
Title: 2024 Annual Update from the Public Art Advisory Task Force
Recommendation(s)
For the information of Council.
Executive Summary
City Council is the steward of the City’s public art and as such, holds it in trust for the
citizens of the City of Niagara Falls. Council will maintain and develop the public art
collection in keeping with the vision statement and goals of the Public Art Policy.
Council designates the custody of public art to the Recreation & Culture Department.
The management of public art will be the responsibility of City of Niagara Falls staff with
the assistance of the Public Art Advisory Task Force (PAATF) who will:
1.Ensure the development of a collection management system, with documentation
standards and procedures modelled on museum practices and with an ongoing system
of maintenance and inspection.
2.Develop, maintain and promote the art collection and oversee the provision of fiscal
resources for this purpose.
3.Preserve the physical integrity and security of the art collection and the provision of
adequate facilities and resources for its long term care.
4.Arrange for the installation and placement of public art in public spaces.
5.Facilitate programming and public education opportunities related to the art
collection’s use and promotion.
This report highlights to Council the work of the Committee, with an update on
submissions to the PAATF in 2024.
Background
Public Art is defined as physical works of art and cultural property installed in the public
realm. These works of art can be temporary or permanent, and may be installed within
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buildings, or outdoors on public lands. This document provides a vision, purpose and
goals for the City’s relationship with all public art, while specifically addressing
management guidelines and policy for the public art that currently exists.
Visually beautiful cities stimulate a sense of pride and commitment. Through its Public
Art Policy, the City of Niagara Falls strives to create vibrant public spaces that reflect
the diversity of our community and engage its residents and visitors with quality works
of public art.
There are currently 92 works in the public art collection.
The City of Niagara Falls seeks to encourage all those who care about the community
to participate in making art, collecting it and commissioning it.
The goals of Public Art will be to;
1. Provide access to art in public places for all of Niagara Falls citizens.
2. Enhance Niagara Falls’ desirability as a community by creating appealing
environments in which to live, work and play.
3. Honour, preserve and encourage our cultural heritage and artistic diversity.
4. Promote civic identity through awareness and preservation of the community’s
history, cultures and living arts.
5. Support effective urban planning, economic development and cultural tourism
opportunities.
All public art projects and acquisitions will be assessed and developed according to the
above goals.
No approval is required from Council as the authority to accept the art is delegated to
the Committee.
The following works were submitted for consideration by the PAATF:
Applications Recommended for acquisition
Title: Maid of the Mist; 60x32 acrylic painting
Artist/Applicant: Darryl Thorogood
Category: Visual Art
Date Submitted: November 5, 2024
Date Reviewed: December 9, 2024
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Note: agreed to receive as a gift only, not as an object to purchase. The piece was not
donated.
Applications NOT Recommended for acquisition
Title: Lightning Lion; bronze sculpture
Artist/Applicant: Liu Ruowang
Category: Visual Art
Date Submitted: November 15, 2024
Date Reviewed: December 9, 2024
Note: The panel received a number of questions from the Mayor's office and the
committee maintained their decision on March 17, 2025.
Staff are currently looking at this opportunity to position this potential piece of public art
at a different location a gateway location. If after more detailed review and discussions
with the artist are successful, this artwork maybe received as a gift.
Items accepted to the collection will be displayed in various locations within city
facilities. To see the complete collection and their locations, visit the public database.
Analysis
The works were considered by the PAATF based on the criteria established in the
Public Art Policy.
Strategic/Departmental Alignment
The City of Niagara Falls is committed to building and promoting a vibrant, sustainable
City that supports an active, connected, and creative community. Through public art, the
City can stimulate a sense of pride and commitment from residents and visitors to the
City of Niagara Falls.
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)
Suzanne Moase
List of Attachments
Lion Statue - Proposed Permanent Location
Lightening Lion
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Written by:
Clark Bernat, Culture & Museums Manager
Saima Abbasi,
Submitted by: Status:
Kathy Moldenhauer, General Manager of Recreation,
Culture & Facilities
Approved
- 31 Mar
2025
Jason Burgess, CAO Approved
- 03 Apr
2025
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1
Heather Ruzylo
From: Dale Morton <dmorton@niagarafalls.ca>
Sent: Thursday, March 27, 2025 12:23 PM
To: Bill Matson <billmatson@niagarafalls.ca>; Heather Phillips <hphillips@niagarafalls.ca>
Subject: National Physicians Day/Provincial Doctors' Day Request for April 8th Meeting
Hello,
Can we please add this request to the April 8th agenda?
Request to recognize Thursday, May 1st as Doctor’s Day in Ontario
Proclamation and Lighting of City Hall in Blue
May 1st is a day to celebrate our doctors and health professionals who dedicate their lives to supporting
the health and well-being of our communities. The date was chosen to commemorate the birthday of
Canada's first female physician, Dr. Emily Stowe.
Physicians are a key pillar of our healthcare system and play a crucial role in the delivery of health
services. Despite many challenges, including high patient workloads, long hours and physician
shortages, physicians continue to work tirelessly every day to keep us healthy and safe.
Enterprise Canada is working with the Ontario Medical Association (OMA) to celebrate and promote
Doctors’ Day. They have reached out to local area municipalities in the Niagara Region to ask for our
participation in this year’s celebrations by lighting City Hall in blue on Thursday, May 1. Various
landmarks, city halls, and other municipal centres have lit up blue in the past to celebrate physicians,
and they are hoping this year will be the biggest yet.
Thank you,
Dale
Dale Morton | Director of Communications | Communications Department City of Niagara Falls
4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext 4215 | dmorton@niagarafalls.ca
To mark this special occasion, Niagara Falls will be illuminated in blue on Thursday, May 1, 2025
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 318 of 434
Canadian Viral Hepatitis Elimination Day
Proclamation
May 9, 2025
WHEREAS, hepatitis B and C are among
Canada’s most burdensome infectious
diseases – measured in liver damage,
cancer, lives lost, and significant costs
to our public healthcare system;
WHEREAS, more than 204,000 people in Canada
are living with hepatitis C, and more
than 250,000 are living with hepatitis B;
WHEREAS, hepatitis C is curable, and hepatitis B
is vaccine-preventable and treatable;
WHEREAS, Canada has committed to eliminating
viral hepatitis as a public health threat by 2030;
and
WHEREAS, Canadian Viral Hepatitis Elimination
Day provides an opportunity to highlight the need
for policies that support easy access to testing,
treatment, and care for those affected, paving the
way toward elimination;
THEREFORE, I, Jim Diodati, Mayor of the City Of
Niagara Falls do hereby proclaim May 9, 2025
Canadian Viral Hepatitis Elimination Day in
Niagara Falls.
Proclamation de la Journée canadienne pour
l’élimination de l’hépatite virale
9 mai 2025
CONSIDÉRANT que les hépatites B et C comptent
parmi les maladies infectieuses les plus onéreuses
au Canada – mesurées en dommages au foie, en
cancer, en vies perdues et en coûts importants
pour notre système de santé public;
CONSIDÉRANT que plus de 204 000 personnes au
Canada vivent avec l’hépatite C et plus de 250 000
avec l’hépatite B;
CONSIDÉRANT que l’hépatite C est guérissable et
que l’hépatite B est évitable par la vaccination et
traitable;
CONSIDÉRANT que le Canada s’est engagé à
éliminer l’hépatite virale en tant que menace pour
la santé publique d’ici 2030; et
CONSIDÉRANT que la Journée canadienne pour
l’élimination de l’hépatite virale est une occasion
de souligner la nécessité de mettre en place des
politiques qui facilitent l’accès au dépistage, au
traitement et aux soins pour les personnes
touchées, tout en ouvrant la voie à l’élimination;
PAR CONSÉQUENT, je, Jim Diodati, maire de
Niagara Falls, proclame par la présente le
9 mai 2025 Journée canadienne pour
l’élimination de l’hépatite virale à Niagara Falls.
Jim Diodati
Mayor / Maire
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1
Heather Ruzylo
From: Usick,Karen <Karen.Usick@niagarahealth.on.ca>
Sent: Monday, March 31, 2025 3:05 PM
To: jim.bradley@niagararegion.ca; wredekop@forterie.ca; mjunkin@pelham.ca; bgrant@wainfleet.ca;
mayor@welland.ca; mayor@portcolborne.ca; Jim Diodati <jdiodati@niagarafalls.ca>; jjordan@grimsby.ca;
easton@lincoln.ca; cganann@westlincoln.ca; terry.ugulini@thorold.ca; mayor@stcatharines.ca; gary.zalepa@notl.com
Subject: [EXTERNAL]-Niagara Health System - Request For Proclamation
Greetings and good afternoon!
I am contacting you today on behalf of the Niagara Health System’s – Addiction
Services - Hepatitis C Care Clinic. Each year the 12 municipalities of Niagara have
been so incredible to provide your support and the proclamations for the Canadian
Viral Hepatitis Elimination Day awareness.
In May of 2016, Canada’s Health Minister – Jane Philpott signed on to the World
Health Organizations (WHO)’s first ever-Global Viral Hepatitis Strategy, with the goal
to eliminate viral hepatitis as a public health threat by 2030. To support Canada’s
Global strategy, all provinces and communities across Canada are working together
to raise awareness. I am delighted to announce that we once again will be hosting a
Canadian Viral Hepatitis Elimination Day awareness event. We will join our national
partners on Friday May 9, 2025 to recognize this very important awareness day! Our
program will be collaborating with the Niagara Health System – Welland Hospital
Site at 65 Third Street, Welland. Our Community event will run from 11:00 am to
3:00 pm. The Hepatitis C Care Clinic event will encourage individuals to learn about
hepatitis, liver health . . . how to receive hepatitis testing, care, and treatment. Our
community event will also allow us to highlight the services of Niagara Health
System’s - Mental Health and Addiction programs. In addition, the care and services
of the many community partners that will be joining us at our street-based Health
and Social Services Fair. We invite you to join us at our awareness day event! Please
feel free to contact me for further details of the event! Alternatively, we can arrange
to meet at a more convenient time, to allow us to share about who we are and what
we do as a Team!
Again, this year the following prominent landmarks will illuminate in yellow and red
to show their support – Canadian and USA Falls, Peace Bridge and the Welland
Bridge 13. Are you wondering how you can help and offer your support! We are
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inviting you to join with Niagara’s awareness campaign, and that of our national
partners to proclaim Friday May 9, 2025, as Canadian Viral Hepatitis Elimination Day
throughout the 12 municipalities of Niagara. Together we are strong . . . we can join
together to raise awareness and to help individuals throughout Niagara!
If you have any questions, or require further information, please do not hesitate to
contact me!
Take care and have a lovely day!
Karen
Karen Usick – Reg. N
Hepatitis C Care Clinic | Community Coordinator
Niagara Health System | Addiction Services
Karen.Usick@NiagaraHealth.on.ca
W: 905-378-4647 x32555 | C: 289-696-2523
260 Sugarloaf Street, Port Colborne, ON L3K 2N7
HCCC Website Address - www.niagarahealth.on.ca/site/hepatitis-c-care
NHS Addiction Services - www.niagarahealth.on.ca/services/addiction-recovery
#WorldHepatitisDay I #NoHep I #GetTested I #LearnYourOptions
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.
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1
For further information or with any questions, please email Rachel.Levy@ontariohealth.ca
BeADonor Month
April is BeADonor Month. Throughout the month, communities and advocates across the province will
unite to encourage Ontarians to register their consent for organ and tissue donation. BeADonor Month
is more than a campaign – it’s a chance to change lives. Whether you’re registering for the first time,
sharing your decision with loved ones or encouraging others to sign up, every action counts.
We are asking for your participation to help raise awareness for organ and tissue donor registration
among your network.
Want to know how you can get involved? Here are some suggestions!
Marketing Materials
Trillium Gift of Life Network is happy to send you materials to display in your constituency office,
including brochures, posters, green ribbons and pens. Please reach out to Rachel.Levy@ontariohealth.ca
to request materials and we will mail them directly to your office.
Social Media
Download graphics to share on your social media accounts throughout the month and check out some
sample social media content to use with it. Be sure to tag @TrilliumGift and use #BeADonor in your
posts so we can help spread the word. Don’t forget to link to beadonor.ca to encourage registrations!
Follow TGLN on social media to help amplify our message:
• Instagram
• Facebook
• LinkedIn
Green Shirt Day
On April 7, Canada will recognize National Green Shirt Day, a day that acknowledges the importance of
organ and tissue donation. Green Shirt Day was inspired by Logan Boulet, a Humboldt Broncos hockey
player who saved six lives through organ donation after he tragically passed away in a bus accident in
2018. His legacy continues to inspire us and demonstrates the positive impact that organ and tissue
donation can have. Wear green and share a selfie or post about why you support organ and tissue
donation and transplantation on your social media channels to honour Logan and the thousands of
donors who have given the gift of life. Don’t forget to tag #GreenShirtDay and #BeADonor.
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For further information or with any questions, please email Rachel.Levy@ontariohealth.ca
Quick Facts about Organ and Tissue Donation and Transplantation
You can use these key messages to include a message about BeADonor Month on social media, a City
Council meeting or a local newsletter.
• One donor can save up to eight lives through organ donation and improve the lives of up to 75
others through tissue donation.
• About 1,400 people in Ontario are waiting for a life-saving organ while thousands more need a
life-changing tissue donation.
• Every three days someone in Ontario dies waiting for an organ.
• While over 90 per cent of Ontarians support organ donation, only 35 per cent of eligible
Ontarians are registered donors.
• Everyone has the potential to be an organ and/or tissue donor regardless of age or medical
history.
• People from every major religion have donated. Many religions support donation or respect an
individual’s choice.
• Visit www.beadonor.ca to register or learn more.
Common Myths and Misconceptions
There are numerous myths and misconceptions surrounding organ and tissue donation. These myth
busters are great for use on social media to educate the public and encourage organ and tissue donor
registration.
MYTH: A signed donor card is all I need to become a donor.
FACT: Paper donor cards are no longer in use, so you must register to become an organ and
tissue donor at www.beadonor.ca or in person at ServiceOntario. Share your donation
decision with your loved ones so they know your wishes.
MYTH: I can’t be a donor; I am too old or I have existing medical conditions.
FACT: Everyone is a potential donor regardless of age or medical condition. Even individuals
with serious illnesses can sometimes be donors. Your decision to register should not be
based on whether you think you would be eligible or not. All potential donors are
evaluated on a case-by-case basis.
MYTH: Organ donation will delay and impact funeral plans.
FACT: Organ and tissue donation will not delay or interfere with funeral plans. After donation,
the family can carry out funeral arrangements as planned, including an open casket
funeral, burial or cremation.
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3
For further information or with any questions, please email Rachel.Levy@ontariohealth.ca
MYTH: Families have to pay for the cost of organ donation.
FACT: Donation does not come at a cost to the family. Organ and tissue donation is a gift. The
costs of organ and tissue donation and transplantation in Ontario are covered by the
Ministry of Health.
MYTH: My religion will not allow for organ donation.
FACT: People from every major religion have donated, and many religions support donation or
respect an individual’s choice. If you’re unsure of your faith’s position on donation,
consult with your faith leader.
MYTH: I cannot donate blood, so I cannot be an organ donor.
FACT: The regulations for blood donation are different from those for organ and tissue
donation. Even if you are not able to donate blood, you may still become an organ and
tissue donor.
Share Your Activities
If you are participating in any BeADonor Month activities, our team would love to hear about it. If you’re
interested in sending us photos – especially video footage – from your BeADonor Month activities,
please take a look at this submission tip sheet!
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2025 BeADonor Month Proclamation Template
I, Mayor XX, do hereby proclaim April 2025 as “BeADonor Month” in the City/Town of XX;
Whereas, April is BeADonor Month in Ontario; and
Whereas, the goal during BeADonor Month is to inspire those who have not yet registered consent for organ
and tissue donation; and
Whereas, on average 1,400 people in Ontario are waiting for a life-saving organ transplant and every three days
someone will die waiting for an organ transplant; and
Whereas, in 2024, 341 deceased organ donors gave the gift of life, 1,035 deceased donor organ transplants
were performed in Ontario, and 1,975 tissue donors enhanced the lives of thousands; and
Whereas, 90% of Ontarians support organ and tissue donation yet only one in three (35%) of eligible Ontarians
have registered their consent to donate; and
Whereas, families almost always consent to donation when there is evidence a loved one registered their
decision to donate, but in the absence of a registered donation decision, families consent only half of the time;
and
Whereas, everyone has the potential to be an organ and/or tissue donor, regardless of age or health; one organ
donor can save up to eight lives and enhance the lives of up to 75 others through tissue donation; and
Now Therefore, I encourage all citizens to learn more about organ and tissue donation and transplantation, and
consider pledging their support to BeADonor Month by registering as a donor at BeADonor.ca.
__________________________
Signature
Mayor
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Niagara Regional Labour Council
March 18, 2025
Mayor Jim Diodati
City of Niagara Falls
4310 Queen Street
Niagara Falls, ON
Canada L2E 6X5
Dear Mayor Diodati:
On April 28th, the Niagara Regional Labour Council will observe the National Day of Mourning to
remember those who have suffered injury and/or died on the job. As we remember those who have
died in workplace catastrophes, those that have been exposed to toxic substances and those who have
been injured due to dangerous work conditions, we rededicate ourselves to fight for safe workplaces.
Therefore, as we approach April 28th, we are requesting that City Council consider and issue a
Proclamation with respect to the “National Day of Mourning”.
We are also requesting that all flags be flying at Half-Mast at the City Hall on the 28th, as we remember
those who have been injured or were killed in the workplace.
We have also attached the schedule of the ceremonies for the day if you are available to attend.
Thanking you in advance.
Lou Ann Binning
Lou Ann Binning
President
Niagara Regional Labour Council
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301- 8 Church Street
St. Catharines, ON L2R 3B3
P: 905.684.8688
niagaracommunityfoundation.org
PROCLAMATION DRAFT - LEAVE A LEGACY MONTH | MAY 2025
WHEREAS, May is recognized as Leave a Legacy Month, a national awareness campaign created by the
Canadian Association of Gift Planners to highlight the importance and impact of charitable gifts in wills,
encouraging individuals to consider how their legacy can extend beyond their lifetime and benefit future
generations; and
WHEREAS, many residents of Niagara Falls may believe that philanthropy is only for the wealthy, when
in reality, even a small percentage of one’s estate can create meaningful and lasting change in the
community. Generosity is a powerful force for good, and individuals from all walks of life have the
ability to make a difference by including a charitable gift in their will, ensuring their values live on
through causes that matter most to them; and
WHEREAS, Niagara Community Foundation (NCF) has been Niagara’s philanthropic partner for 25 years,
helping turn intent into impact. Since its founding in 2000, NCF has raised over $91.5 million in
permanent endowment funds and has granted over $31 million to charities across Niagara, supporting
education, health care, environment, sports and recreation, arts and culture, and community
development; and
WHEREAS, NCF continues to connect donors with causes, communities to resources, ensuring that
charitable gifts are invested strategically to strengthen the local community in perpetuity. NCF’s 25th
anniversary provides an opportunity to reflect on the power of legacy giving and to inspire more
residents to consider how even a 1% gift in their will can leave a profound and lasting impact on the
charities and organizations that enrich life in Lincoln and across Niagara; and
NOW, THEREFORE, I, Jim Diodati, Mayor of Niagara Falls, do hereby proclaim May 2025 as "Leave a
Legacy Month" and encourage all residents to consider how they can leave a meaningful gift in their will.
By taking this step, we can ensure a stronger, more vibrant, and more generous Niagara for generations
to come.
Dated this [Day] of [Month], 2025.
Jim Diodati
Mayor, City of Niagara Falls
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Heather Ruzylo
From: Niagarka Organization Non-Profit <
Sent: Monday, March 24, 2025 1:26 PM
To: Bill Matson <billmatson@niagarafalls.ca>
Subject: [EXTERNAL]-Request for Municipal Event Designation & Support – Niagara Ukrainian Family Festival 2025
Dear Mr. Matson,
I hope this email finds you well.
My name is Iryna Lohazyak, and I am the co-organizer of the Niagara Ukrainian Family Festival, which
will take place on Saturday, July 5, 2025, from 10:00 AM to 7:00 PM, and Sunday, July 6, 2025, from
11:00 AM to 5:00 PM at Firemen’s Park.
I would like to extend my sincere gratitude to the City of Niagara Falls Staff and Council for their
invaluable support during our inaugural event last year. We were honored to have Councillor Mona Patel,
Ruth Ann Nieuwesteeg, and Mayor Jim Diodati join us, contributing to a successful festival that welcomed
nearly 1,000 attendees.
As we prepare for our Third Annual Festival, we are excited to once again bring the community together to
celebrate Ukrainian culture and heritage. To ensure the smooth execution of the event, we are kindly seeking
your assistance in two key areas:
1. Designation as an Event of Municipal Significance
We respectfully request that the City of Niagara Falls issue a letter designating the Niagara Ukrainian
Family Festival as an event of municipal significance. This designation is essential for us to obtain a Special
Occasion Permit from the Alcohol and Gaming Commission of Ontario (AGCO) for the Auto Party,
which will take place on July 5, 2025, from 6:00 PM to 12:00 AM.
2. Support in Promotion & Attendance
We would love to invite all City Council members and staff to attend and participate in our celebration of
Ukrainian culture. Additionally, we would greatly appreciate your support in promoting the event through
the City’s social media channels and website. Your help in spreading the word will allow us to reach a
broader audience and ensure the success of the festival.
The Niagara Ukrainian Family Festival serves as a fundraising initiative to cover essential event costs,
including traditional Ukrainian cuisine, live entertainment, and activities for attendees of all ages.
Festival Highlights Include:
脥� Authentic Ukrainian cuisine 葌葍葑葒葎葓葏葔葕葖著葐
脥� Live music and cultural performances 虶虷虸
脥� A vibrant marketplace featuring Ukrainian crafts and vendors 蘒蘓蘔蘕蘖
脥� Engaging activities for families and children, including bouncy castles 蔺蔻蔾蔼蔽
脥� Auto Party (July 5, 6:00 PM – 12:00 AM) with music, entertainment, and community
gathering 럛럜럝럞럟럡럢럠虵
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We are dedicated to creating a memorable experience that showcases Ukrainian heritage while bringing the
community together.
We sincerely hope that the City of Niagara Falls will support our request for designation as a municipally
significant event and assist us in promoting the festival. Your partnership is invaluable, and we look forward
to celebrating with you and the entire community on July 5-6, 2025.
Thank you for your time and consideration. Please feel free to reach out to me directly if you have any
questions or require further information.
Warm regards,
Iryna Lohazyak
Co-Organizer
Niagara Ukrainian Family Festival
--
Дякуємо за звернення,
якщо ми вам допомогли і вам не складно, то ставте вподобайку на нашій
сторінці https://www.facebook.com/niagarka і напишіть відгук або коментар.
Більше інформації про нас і нашу роботу за посиланнями:
https://www.youtube.com/@Niagarka
https://niagarka.com/
https://www.facebook.com/groups/niagaraukrainiancomunication
Дякуємо 걭걮걯거걭걮걯거
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.
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We are proud to say that over the
past two years, our festival has grown
into a cherished tradition here in
Niagara Falls. Each year, we’ve seen
more families, more smiles, and
more shared moments of joy — all in
celebration of vibrant Ukrainian
culture and heritage.Page 331 of 434
We would like to begin by expressing
our heartfelt gratitude to the Culture
Department of the City of Niagara Falls
for their continued support. Your
encouragement and collaboration
have made this event possible and
helped it flourish.Page 332 of 434
Thanks to the incredible response
from the community and the
increasing number of guests each year,
we are thrilled to announce some
exciting changes for this year’s festival.
We are moving to a new location —
Firemen’s Park, to better
accommodate all of you and create
even more space for festivities,
performances, and family fun. Not
only that, but we are extending the
festival from one day to two full days!
2 Days
1 Day
Page 333 of 434
Last year, we were honored by
the presence of Mayor Jim
Diodati, Mona Patel, Ruth Ann
Nieuwesteeg, and Tony
Baldinelli we thank them
sincerely for taking part in our
event. Your presence meant a
lot to our community and to all
those who came to experience
Ukrainian culture.Page 334 of 434
As we continue to grow, we kindly ask for your support
in recognizing the Niagara Ukrainian Family Festival at
the municipal level. Such recognition would greatly
assist us in obtaining permits — particularly for the
sale of alcohol during our event, which would allow us
to further enhance the festival experience for our adult
guests.
We warmly invite all City Council members and staff to
attend the upcoming Niagara Ukrainian Family Festival
and join us in celebrating the rich heritage of Ukrainian
culture.
Additionally, we kindly ask for your support in
promoting the festival through the City’s official social
media channels and website. Your help in spreading
the word would greatly contribute to increasing
community awareness and making the event a
resounding success. Page 335 of 434
In conclusion, we sincerely hope that the City of Niagara
Falls will support our request for designation as an event of
municipal significance and assist in promoting the Niagara
Ukrainian Family Festival.
Your support means a great deal to us, and we look
forward to celebrating together with you and the entire
community on July 5–6, 2025.Page 336 of 434
Inviting Community to join!
We’re excited to tell you what we’ve got planned and why you won’t want
to miss it!
FREE Admission – That’s right, come enjoy the fun without spending a dime to enter!
Live Music Concerts & Performances – Amazing talent takes the stage to
celebrate culture and community.
FREE Kids Activities – From bouncy castles to yard games, there's something fun
for every little one!
Food & Various Vendors – Enjoy delicious food and shop for unique items
available for purchase.
Everyone is welcome – No matter your background, age, or where you’re from, we
invite YOU to join us and be part of the fun!
Come celebrate with us – we’ve got something for the whole family
Page 337 of 434
Page 338 of 434
Page 339 of 434
City of Niagara Falls,
I am writing to formally request relief from the Amplified Noise By-Law for a series of
outdoor events hosted by Taps in the City of Niagara Falls. As we do each year, we aim to
bring community engagement and entertainment to our residents while celebrating various
local initiatives and causes.
We have planned the following events for the upcoming months:
June 7th – Rick Rose Event: A celebration of his legacy and street naming. This event will
take place during the day but may extend past 9 PM.
June 14th – Jazz Festival Event: Scheduled to begin at 3 PM and may run past 9 PM.
Beards for Bucko Charity Event: A fundraiser for cancer and underprivileged children with
bands playing throughout the day, potentially extending past 9 PM.
June 28th – Community Event: Details are pending, but it will be a daytime event.
July 1st – Canada Day Celebration: Music may extend past 9 PM during this festive
occasion.
July 5th – Community Event: Planned for this date.
July 12th – Community Market Event: An all-day event.
August 2nd – Community Event: Scheduled for the entire day.
August 9th – Community Market: This will take place during the day.
August 23rd – Charity Band Event: This event may run past 9 PM.
Labour Day Weekend: Multiple community events planned.
Page 340 of 434
We understand the importance of maintaining a peaceful environment for our residents,
and we are committed to minimizing any potential disturbances. We will take necessary
measures to ensure that sound levels are managed appropriately and will inform the
community in advance about the events.
We kindly ask for your approval of this request to ensure the success of these events and
to foster community spirit in Niagara Falls. Thank you for your consideration, and we look
forward to your positive response.
Sincerely,
Shane Connolly
Owner
Taps Brewhouse
Page 341 of 434
2025
Levy Allocations Allocated
Category Item
Administration Audit Expense 8,000.00$
Bank Charges 125.00$
Meetings 1,000.00$
Hydro 1,500.00$
Insurance Premiums 4,968.00$
Office and Miscellaneous 1,500.00$
Admin Fees 11,648.00$
Legal 10,000.00$
Streetscaping - Flower baskets 39,264.17$
78,005.17$
Marketing &
Sponsorship Association Membership 650.00$
Contingency 34,444.83$
Marketing 10,000.00$
Web Hosting 500.00$
45,594.83$
Convention Centre
HST
-$
$123,600.00Budget total
2025 Budget Allocation
sub-Total
sub-Total
sub-Total
Page 342 of 434
1
Heather Ruzylo
From: Cara Henry < >
Sent: Thursday, April 3, 2025 8:22 AM
To: William Matson <billmatson@niagarafalls.ca>
Cc: Heather Ruzylo <hruzylo@niagarafalls.ca>
Subject: [EXTERNAL]-Niagara Renaissance Fair
Good Morning.
My name is Cara Hernry and I am the organizer of the Niagara Renaissance Festival.
I am writing to you today to ask you for a noise bi-law extension for our event.
Here are the details for your approval...
Niagara Renaissance Faire
Firemans Park 2275 Dorchester Road
Niagara Falls
This event runs on Saturday May 17 and Sunday May 18. 2025
We are requesting the extension for Sat night as we have live outside entertainment. Our last bands are
scheduled to play until 10 p.m.
10:30 at the latest.
Thank you for your consideration.
Cara Henry
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 343 of 434
1
Heather Ruzylo
From: Chartrand, Melinda <mchartrand2@cscmonavenir.ca>
Sent: Monday, March 31, 2025 3:50 PM
To: Clerk <clerk@niagarafalls.ca>
Cc: mchartrand@monassemblee.ca
Subject: [EXTERNAL]-Ceremony at city Hall with Mayor Diodati on September 25, 2025
Importance: High
Bonjour,
Please find attached a letter regarding the 50th anniversary of the Franco-Ontario Flag that will be celebrated
across on the province on September 25, 2025
The local elementary schools will also be submitting a request to participate at a council meeting in June regarding
the history of the flag and the raising ceremony each year. Please confirm the process and procedures to submit
this request.
Merci.
Melinda Chartrand
Conseillère scolaire Niagara www.cscmonavenir.ca
Membre du CA du CCJL
www.ccjl.ca
Membre du CA de l`AFOCSC
www.afocsc.org
AVIS IMPORTANT: Les renseignements contenus ou joints à ce courriel sont pour l'usage exclusif du destinataire ou de l'institution à qui ce courriel s'adresse et peuvent contenir des renseignements privilégiés, confidentiels et exempts de divulgation conformément à la Loi sur l'accès à l'information
municipale et la protection de la vie privée.
Dans l'éventualité que le récepteur du présent courriel n'est pas le destinataire concerné ou la personne autorisée à acheminer le message au destinataire concerné, vous êtes, par la présente, avisé(e), que toute divulgation, diffusion, distribution ou reproduction de la présente communication est strictement interdite.
Si vous recevez ce message par erreur, veuillez immédiatement en informer l'expéditeur ou l'expéditrice par courriel et détruire celui-ci ainsi
que toutes les pièces jointes qu'il comporte. Merci de votre collaboration.
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 344 of 434
1 Flag-Raising 50th anniversary Ceremony, le 25 septembre 2025
March 10, 2025
Subject: Invitation to Host a Flag-Raising Ceremony for Franco-Ontarian Day on September
25, 2025
To the attention of Mayor Jim Diodati,
Dear Mr. Diodati,
The Niagara Inter-Agency Table is pleased to invite your municipality to participate in a significant
celebration: Franco-Ontarian Day on September 25, 2025. In 2025, this date will also mark the
50th anniversary of the Franco-Ontarian flag, a powerful symbol of pride and identity for Ontario’s
Francophone community.
The Francophone community in the Niagara region is an integral part of our shared cultural
heritage, playing a key role in preserving and promoting the French language while enriching our
beautiful region's social and economic fabric. Diverse and vibrant, Francophones and
Francophiles alike contribute to making our municipalities more inclusive and dynamic places to
live. By celebrating this important milestone together, we honour the contributions of
Francophones past and present while reinforcing a future where diversity and cultural inclusivity
thrive at the heart of our communities.
We kindly invite your municipality to participate in this celebration by hosting a flag-raising
ceremony at City Hall on September 25, 2025, between 10:00 a.m. and 11:00 a.m.
This event aims to:
● Promote French language and culture in our city and region.
● Increase the visibility and vitality of the Francophone community, bringing together
Francophones and Francophiles of all ages and origins.
● Highlight your municipality’s commitment to cultural diversity, inclusivity and support for
the Francophone community.
The Niagara Inter-Agency Table is ready to collaborate with your team to ensure the successful
organization of this event. We will work closely with Francophone organizations in the region to
provide the necessary support and resources. Additionally, we plan to involve local Francophone
schools to encourage student participation, offering them a meaningful and enriching cultural
experience.
Page 345 of 434
2 Flag-Raising 50th anniversary Ceremony, le 25 septembre 2025
We are confident that this event will contribute to strengthening community ties and promoting
bilingualism and cultural diversity in the Niagara region. We would be honoured to have your
support in making this historic celebration a memorable occasion.
Please confirm your interest in participating by April 10, 2025. For any questions or further
information, please contact Melinda Chartrand at mchartrand@monaseemblee.ca .I can also
be reached by phone at (905)328-8396.
We sincerely appreciate your time and continued commitment to supporting the Francophone
community. We look forward to collaborating with you to celebrate Franco-Ontarian Day and the
50th anniversary of the Franco-Ontarian flag!
Sincèrement,
Melinda Chartrand, Director
Centre Communautaire Le Griffon
www.legriffon.org
Niagara Interagency Table Celebration Steering Committee
Interagency Niagara
Page 346 of 434
Office of the Clerk Sarah Leach, B.A sleach@pelham.ca 905-980-6657|905-892-2607 x 315
20 Pelham Town Square | PO Box 400 |Fonthill, ON | L0S 1E0| www.pelham.ca
March 27, 2025 mark.carney@parl.gc.ca The Right Honourable Mark Carney Prime Minister of Canada 80 Wellington Street Ottawa, ON K1A 0A2
premier@ontario.ca The Honourable Doug Ford Premier of Ontario
823 Albion Road Etobicoke, ON M9V 1A3 Dear Hon. Mark Carney & Hon. Doug Ford: Re: Proposed U.S. Tariffs At their regular meeting of March 26, 2026, Council of the Town of Pelham endorsed the following: WHEREAS the Town of Pelham has received correspondence from the Township of Limerick, City of Port Colborne, City of Niagara Falls, Township of Central Frontenac, Champlain Township, Town of LaSalle, Town of Lincoln, Township of Selwyn, City of Toronto, Township of Puslinch, and East Ferris Municipality have submitted correspondence regarding U.S. Tariffs; AND WHEREAS the President of the United States of America has imposed tariffs on Canadian products and has announced intentions to impose additional tariffs in April 2025; AND WHEREAS such tariffs could potentially lead to significant job losses and economic instability for both Canada and the United States; AND WHEREAS municipalities will be directly impacted by the potential economic fallout and wish to offer support for a united “Team Canada” response; AND WHEREAS municipalities possess significant purchasing power through capital and infrastructure projects and investments;
Page 347 of 434
Office of the Clerk Sarah Leach, B.A sleach@pelham.ca 905-980-6657|905-892-2607 x 315
20 Pelham Town Square | PO Box 400 |Fonthill, ON | L0S 1E0| www.pelham.ca
AND WHEREAS the Town of Pelham’s capital program for 2025 is valued at approximately 16 million dollars; AND WHEREAS according to the Association of Municipalities of Ontario (AMO), Ontario municipalities are expected to invest between $250 and $290 billion dollars in infrastructure over the next 10 years; AND WHEREAS federal and provincial leaders are encouraging Canadians to “Buy Canadian;” AND WHEREAS trade agreements have traditionally encouraged municipalities to provide equal opportunity to suppliers from countries that are parties to these agreements; AND WHEREAS municipalities can contribute to the Team Canada effort through procurement practices that comply with trade agreements and adhere to federal and provincial guidance; AND WHERE the Town of Pelham has received various motions from local municipalities supporting this initiative; NOW THEREFORE BE IT RESOLVED THAT the Town of Pelham supports the collective effort of all levels of government to strengthen the Canadian economy through local campaigns and initiatives; AND THAT the Town of Pelham urges the federal and provincial governments to collaborate with municipalities on measures to protect the Canadian economy and eliminate interprovincial trade restrictions; AND THAT the Town of Pelham calls on the federal and provincial governments to remove any restrictions preventing municipalities from refraining from purchasing from the United States should tariffs on Canadian goods persist; AND THAT the Clerk forward this resolution to the following organizations, along with a request to endorse the same or similar resolution:
• Prime Minister of Canada
• Federal Party Leaders
• Premier of Ontario
Page 348 of 434
Office of the Clerk Sarah Leach, B.A sleach@pelham.ca 905-980-6657|905-892-2607 x 315
20 Pelham Town Square | PO Box 400 |Fonthill, ON | L0S 1E0| www.pelham.ca
• Association of Municipalities of Ontario (AMO)
• Federation of Canadian Municipalities (FCM)
• Niagara MP’s and MPP’s
• Niagara Region
• Local Area Municipalities Should you require further information, please do not hesitate to contact Town Clerk,
Sarah Leach 905-980-6657. Yours very truly,
Jodi Legros Legislative Coordinator c. The Hon. Pierre Poilievre Pierre.Poilievre@parl.gc.ca Yves-François Blanchet, M.P. Yves-Francois.Blanchet@parl.gc.ca Jagmeet Singh, M.P. Jagmeet.Singh@parl.gc.ca Association of Municipalities of Ontario (AMO) amo@amo.on.ca; resolutions@amo.on.ca Federation of Canadian Municipalities (FCM) resolutions@fcm.ca; info@fcm.ca Dean Allison, MP Niagara West dean.allison@parl.gc.ca Hon. Sam Oosterhoff, MPP Niagara West Sam.Oosterhoff@pc.ola.org Chris Bittle, MP St. Catharines chris.bittle@parl.gc.ca
Jennifer Stevens, MPP St. Catharines JStevens-QP@ndp.on.ca Tony Baldinelli MP Niagara Falls Tony.Baldinelli@parl.gc.ca Wayne Gates, MPP Niagara Falls WGates-CO@ndp.on.ca Vance Badawey, MP Niagara Centre vance.badawey@parl.gc.ca Jeff Burch, MPP Niagara Centre JBurch-CO@ndp.on.ca Ontario Big City Mayors (OBCM) info@obcm.ca The Big City Mayors’ Caucus of the Federation of Canadian Municipalities resolutions@fcm.ca Niagara Region Ann-Marie.Norio@niagararegion.ca Local Area Municipalities
Page 349 of 434
___
__PeLerIjIiResolutionofCouncilCityCouncilMeetingTitle:TariffMotionDate:February24,2025WhereasthefederalgovernmentiscurrentlyinnegotiationswiththeU.S.governmentontheirproposed25%tariffsonCanadiangoodsexportedtotheU.S.;andWhereasPremierDougFordhasoutlinedseveralplanstocombattheimpacttheproposedtariffswouldhaveonOntarioincludingFortressAm-CanwhichfocusonstrengtheningtradebetweenOntarioandtheU.S.whilebringinggoodjobsbackhomeforworkersonbothsidesoftheborder;andWhereasthefederalgovernmenthasalsooutlinedseveralwaystoaddressthecurrentrelationshipwiththeU.S.includingestablishingtheCouncilonCanada-U.S.relationstosupportthefederalgovernmentasitnegotiateswiththeU.Sontariffs;andWhereasOntarioisthenumberoneornumbertwocustomerforatleastsevenUSstatesincludingNewYork,Michigan,Ohio,Illinois,Pennsylvania,Wisconsin,andMissouri,andtradebetweenOntarioandtheUnitedStatesisveryimportanttoourresidentsandlocaleconomiesandrequiresalllevelsofgovernmenttoworktogetherinthebestinterestofthoseresidents;andWhereasaccordingtodatafromtheAssociationofMunicipalitiesofOntario,acrossOntariomunicipalitiesareexpectedtospendbetween$250and$290billiononinfrastructureinthenext10years;andWhereasmunicipalities,althoughcurrentlysubjecttovarioustradeagreementsincludingtheCanada-UnitedStates-MexicoAgreementhavetraditionallytreatedallprocurementsfromtradepartnersequallyandfairly;andWhereasmunicipalitiescanassistintheTeamCanadaefforttocombattariffsandsupportbusinessesinourprocurementforequipment,materialsandsuppliesforbothoperatingandcapitalinfrastructureprograms;andWhereastherearetradebarriersbetweenCanadianprovincesthataddcostsandcreateinefficienciesinthemovementofgoods.Therefore,beitresolvedthat,theCityofPeterboroughsupportsTeamCanadaandtheprovincialandfederalgovernmentsonthemeasurestheyhaveputinplaceinresponsetotheproposedU.S.tariffsonCanadiangoodsandaskthattheytakeanyandallmeasurestoprotecttheinterestsofOntarioinanyupcomingtradenegotiations;AndthatfederalandprovincialgovernmentsremoveanyimpedimentstomunicipalitiesprefeningCanadiancompaniesandservicesforcapitalprojectsandothersupplies;AndthattheprovincialandfederalgovernmentstakeactiontoremovetradebarriersbetweenprovincesasaresponsetoUStariffsandsupportCanadianbusinesses.Page 350 of 434
AndthattheCommissionerofFinanceandCorporateSupportServicesbedirectedtobringbackareportdetailingatemporaryprocurementpolicythatintegratesandaddressestheseconcernstothegreatestextentpossible;Beitfurtherresolved,thatcopiesofthismotionbesentto:•TheRightHon.JustinTrudeau,PrimeMinisterofCanada•TheHon.DougFord,PremierofOntario•TheHon.MelanieJoly,MinisterofForeignAffairs•TheHon.VicFedeli,MinisterofEconomicDevelopment,JobCreationandTrade•TheHon.NateErskine-Smith,MinisterofHousing,InfrastructureandCommunities•TheHon.PaulCalandra,MinisterofMunicipalAffairsandHousing•RebeccaBligh,President,FCMandCouncillor,CityofVancouver•RobinJones,President,AMOandMayorofWestport•BonnieClark,Chair,EasternOntarioWardens’Caucus•JohnBeddows,Chair,EasternOntarioMayors’Caucus•AllprovincialandterritorialPremiers•AlllocalMPsandMPPs•AllOntarioMunicipalitiesfortheirsupport.Theaboveresolution,adoptedbyCityCouncilisforwardedforyourinformationandaction,asrequired.Thankyou.yCityClerfrPage 351 of 434
PeLerI,q1iResolutionofCouncilCityCouncilMeetingTitle:RedistributionofLandTransferTax,SustainableInfrastructureFundingDate:February24,2025Whereasmunicipalitiesfacegrowinginfrastructureneeds,includingroads,bridges,publictransit,watersystems,andothercriticalservices,whichareessentialtocommunitywell-beingandeconomicdevelopment;andWhereasthecurrentsourcesofmunicipalrevenue,includingpropertytaxesanduserfees,areinsufficienttomeettheseincreasingdemandsforinfrastructureinvestment;andWhereastheProvinceofOntariocurrentlycollectstheLandTransferTax(LTT)onpropertytransactionsinmunicipalitiesacrosstheprovince,generatingsignificantrevenuethatisnotdirectlysharedwithmunicipalities;andWhereastheFederalGovernmentcollectstheGoodsandServicesTax(GST)onpropertytransactions,aportionofwhichcouldbedirectedtomunicipalitiestoaddresslocalinfrastructureneeds;andWhereasredistributingaportionoftheProvincialLandTransferTaxandGSTtomunicipalitieswouldprovideapredictableandsustainablesourceoffundingforlocalinfrastructureprojectswithoutcreatinganewtaxburdenonresidentsorhomebuyers;andWhereasaredistributionofaportionoftheexistingLandTransferTaxandGSTwouldallowmunicipalitiestobetterplanandinvestinlong-terminfrastructureinitiatives,supportinglocaleconomicgrowthandimprovingthequalityoflifeforresidents;NowThereforeBeItResolved:1.ThatCouncilfortheCityofPeterboroughrespectfullyrequeststheProvincialGovernmenttoconsiderredistributingaportionoftheLandTransferTaxcollectedonpropertytransactionstomunicipalities;and2.ThatCouncilfortheCityofPeterboroughcallsontheFederalGovernmenttoallocateapercentageoftheGSTcollectedonpropertysalestomunicipalities;and3.ThatthisredistributionoftheLandTransferTaxandGSTshouldbestructuredtoprovidepredictableandsustainablefundingtomunicipalities,allowingforbetterlong-termplanningandinvestmentininfrastructureprojectsthatbenefitlocalcommunities,thusensuringthatlocalgovernmentsreceiveafairshareoftherevenuetoaddresscriticalinfrastructureneeds;and4.ThatcopiesofthisresolutionbeforwardedtoPrimeMinisterJustinTrudeau,PremierDougFord,theOntarioMinisterofFinance,theMinisterofMunicipalAffairsandHousing,localMembersofParliament(MP5)andMembersofProvincialParliament(MPP5);and5.ThatcopiesofthisresolutionbeforwardedtoallMunicipalitiesinOntario,theFederationofCanadianMunicipalities(FCM),andtheAssociationofMunicipalitiesofOntario(AMO)fortheirendorsementandadvocacy.Page 352 of 434
Theaboveresolution,adoptedbyCityCouncilisforwardedforyourinformationandaction,asrequired.Thankyou.CityClerkPage 353 of 434
Page 1
March 26, 2025
Via email: Ann-Marie.Norio@niagararegion.ca
Ann-Marie Norio
Office of the Regional Clerk
Niagara Region
1815 Sir Isaac Brock Way
Thorold, ON L2V 4T7
Dear Ms. Norio:
Re: City of Port Colborne Resolution Regarding Lodging House Licensing By-law
Please be advised that, at its meeting of February 25, 2025 the Council of The Corporation of
the City of Port Colborne passed the following resolution:
That Office of the Chief Administrative Officer Report 2025-40 be received; and
That the Lodging House Licensing By-law attached hereto as Appendix A be approved;
and
That the Clerk be directed to contact the Niagara Region and request that they assume
responsibility for regulating Lodging Houses in Niagara and additionally request that the
Councils of each municipality in the Niagara Region request the same of the Niagara
Region; and
That the amending by-law to By-law 4323/159/02, Being a By-law to License, Regulate,
and Govern Lodging Houses and the Keepers of Lodging Houses, be approved in order
to facilitate a name change of that by-law to “Being a By-law to License, Regulate and
Govern Bed & Breakfast Establishments”, attached hereto as Appendix B; and
That the amending by-law to By-law 7297/119/24, Being a By-law to Establish Fees and
Charges for Various Services and to Repeal By-law 7155/97/23 and any amendments
thereto, attached hereto as Appendix C, be approved to include the Lodging House
licensing fee structure as outlined in this report; and
That the amending by-law to By-law 6902/50/21, Being a by-law to Establish a System
for Administrative Penalties for Non-Parking Offences within the City of Port Colborne,
attached hereto as Appendix D, be approved to include administrative penalties
associated with the Lodging House Licensing By-law; and
…2
Municipal Offices: 66 Charlotte Street
Port Colborne, Ontario L3K 3C8 · www.portcolborne.ca
T 905.228.8031 F 905.834.5746
E charlotte.madden@portcolborne.ca
Legislative Services
Page 354 of 434
Lodging House Licensing By-law
Office of the Regional Clerk
Page 2
That this resolution and Lodging House Licensing By-law be circulated to the local area
municipalities in the Niagara Region; and
That the local area municipalities be encouraged to implement similar by-laws.
The Niagara Region Council’s consideration is requested.
Sincerely,
Charlotte Madden
City Clerk
enc: City of Port Colborne Lodging House Licensing By-law
ec: Niagara Region Area Municipalities
Page 355 of 434
The Corporation of the City of Port Colborne
By-law No. 7322/13/25
Being a By-law to license, regulate and govern Lodging Houses in the City
of Port Colborne
Whereas section 11 of the Municipal Act, 2001. S.O. 2001, c.25 as amended (the
"Municipal Act") provides that a lower-tier municipality has the authority to pass by-laws
respecting the economic, social and environmental well-being of the municipality, the
health, safety and well-being of persons and the protection of persons and property;
and
Whereas section 11 of the Municipal Act further provides that a lower tier municipality
may pass by-laws respecting business licensing; and
Whereas section 151 of the Municipal Act authorizes a municipality to provide for a
system of licences with respect to a business or any activity, matter or thing for which a
by-law may be passed under section 9 or 11 of the statute; and
Whereas section 436 of the Municipal Act authorizes a municipality to pass by-laws
providing that the municipality may enter onto land at any reasonable time for the
purpose of carrying out an inspection to determine compliance with a by-law, direction,
order or condition of a licence; and
Whereas the Council of The Corporation of the City of Port Colborne deems it
necessary and desirable to licence, regulate and govern Lodging Houses;
Now therefore the Council of The Corporation of the City of Port Colborne enacts as
follows:
1. Purpose
1.1. The purpose of this By-law is to regulate Lodging Houses within the City of Port
Colborne to protect the health and safety of Lodgers and to promote the well-
being of the City and its inhabitants.
2. Definitions
2.1. For the purposes of this By-law:
"Appeals Committee" means a committee appointed by Council to conduct
appeal hearings under this By-law;
"Applicable Law" means all applicable by-laws of the City and Niagara
Region and all applicable provincial and federal statutes and regulations;
"Applicant" means the Person applying for a Licence or renewal of a Licence
under this By-law;
"Building Code" means Ontario Regulation 332/12, as amended,
established under the Building Code Act;
"Building Code Act" means the Building Code Act, 1992, S.O. 1992, c. 23,
as amended;
"By-law" means this Lodging House Licensing By-law;
"City" means the Corporation of the City of Port Colborne;
1
Page 356 of 434
"Clerk" means the Clerk of the City or his or her delegate;
"Council" means the Council of the City of Port Colborne;
"Fees and Charges By-law" means current in force Fees and Charges By-law;
"Fire Code" means Ontario Regulation 213/07 established under the Fire
Protection and Prevention Act, as amended;
"Fire Protection and Prevention Acf' means the Fire Protection and
Prevention Act, 1997, S.O. 1997, c. 4, as amended
"Guardian" means the person(s) appointed as the attorney for property,
Guardian of the property, Guardian of the person or attorney for personal care of
a Lodger under the Substitute Decisions Act, 1992, S.O. 1992, c. 30.;
"Health Protection and Promotion Acf' means the Health Protection and
Promotion Act, R.S.O. 1990, c. H.7, as amended;
"Licence" means a Licence issued under this By-law;
"Licensee" means a Person licensed under this By-law to operate a Lodging
House;
"Lodger" means an individual who has a right to occupy a Private Room in a
Lodging House and has access to all common areas of the Lodging House
pursuant to a Lodging Agreement;
"Lodging Agreement" means a written agreement between a Licensee and a
Lodger in relation to accommodation in a Lodging House that sets out the
duration of the accommodation, identifies the Private Room to be occupied by
the Lodger, prescribes the terms and conditions of the accommodation and
confirms payment details including the amount(s) payable by to the Lodger to
the Licensee and the frequency and method of payment;
"Lodging House" means a building or portion thereof in which four (4) or more
Lodgers are lodged for hire, but does not include a hotel, bed and breakfast
tourist establishment or short-term rental unit, a hospital or any provincially-
regulated long-term care home, retirement home, nursing home, group home or
similar facility;
"Niagara Region" means the Regional Municipality of Niagara.
"Officer" means any person appointed by Council as a Municipal Law
Enforcement Officer;
"Order" means an order issued under this By-law;
"Operator" means the person operating a Lodging House;
"Owner" means the registered owner of a Property where a Lodging House is
situated;
2
Page 357 of 434
"Person" means an individual, corporation, association or partnership;
"Plan for Fire Safety" means the Plan setting out the layout of the interior of the
building with the location of all smoke alarms, carbon monoxide alarms, fire
extinguishers and exits;
"Private Room" means a self-contained room in a Lodging House that is used or
intended to be used for residential accommodation by no more than two (2)
Lodgers;
"Property" means any land or premises within the City;
"Residential Tenancies Act' means the Residential Tenancies Act, 2006, S.O.
2006, c. 17, as amended;
"Sanitary Facility" means a self-contained room that contains not less than one
(1) toilet, one (1) wash basin or sink and one (1) bathtub or shower.
3. General Prohibitions
3.1. No Person shall operate a Lodging House without holding a current and valid
Licence issued in accordance with this By-law.
3.2. No Person shall operate a Lodging House except in accordance with the
provisions of this By-law and all other Applicable Law.
3.3. No Licensee shall advertise, operate or carry on such business under any
name other than the name endorsed upon the Licence.
3.4. No Person shall contravene or fail to comply with a term or condition of a
Licence issued in accordance with this By-law.
3.5. No Person shall fail to comply with an Order issued under this By-law.
4. Administration
4.1. This By-law shall be administered by the Clerk who shall perform all
administrative functions set out in this By-law including but not limited to:
4.1.1. Receipt and processing of all applications for Licences and renewal of
Licences;
4.1.2. Issuing Licences in accordance with this By-law;
4.1.3. Imposing terms and/or conditions on Licences in accordance with this By-
law; and
4.1.4. Refusing to issue or renew a Licence, revoking a Licence or suspending a
Licence in accordance with this By-law.
4.2. The Clerk shall keep a Licence Register in which shall be recorded the full
name and address of each Licensee, the address of the licensed Lodging
House, the number and date of the issue of the licence, the amount of the
licence fee paid therefore, the date of expiry of the licence, the type of licence
issued and other particulars or remarks pertaining to the same which are
useful or necessary.
5. Delegation of Authority to Appeals Committee
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5.1. The Powers and authority to conduct appeal hearings under this By-law are
hereby delegated to the Appeals Committee.
5.2. Where any person is authorized to take any action pursuant to this By-law, such
actions may be taken by that person's designate.
6. Applications for Licence and Renewal
6.1. The following two (2) types of Licence applications may be made:
6.1.1 An original Licence; and
6.1.2 The renewal of a Licence.
6.2. The requirement to obtain a Licence under this By-law is in addition to and not in
substitution for any other requirement to obtain a licence or approval under any
Applicable Law.
6.3. Each Lodging House shall be individually licensed under this By-law.
6.4~ Every application for a Licence or a renewal of a Licence shall be submitted in
accordance with this By-law and shall be accompanied by the Licence fee set
out in the Fees and Charges By-law.
6.5. The Applicant for a Licence or a renewal of a Licence shall be the Operator (s)
of the Lodging House.
6.6. In the case of Lodging House operated by a partnership, one partner shall
submit the application package on behalf of every other partner. In the case of a
Lodging House operated by a corporation, an officer of the corporation shall
submit the application package.
6.7. In respect of an application for an original Licence:
6.7.1 The application shall be completed on the forms found on the
application portal on the City of Port Colborne website or by filing a
hard copy and shall include the following information:
6. 7 .1.1 The municipal address and legal description of the location
of the Lodging House;
6. 7 .1.2 The name and contact particulars for each applicant for the
Lodging House including address, telephone number and
email address;
6.7.1.3 The names of the Lodging House's staff members;
6.7.1.4 If a Lodging House is to be operated by a corporation:
6.7.1.4.1 A copy of the incorporating document(s);
6.7.1.4.2 A copy of the most recent corporate filing with the
Ministry of Government and Consumer Services listing
all directors and officers and the head office address of
the corporation;
6. 7 .1.4.3 A letter indicating resolution of the directors of the
corporation authorizing the application for a Licence;
and
6.7.1.4.4 The name and contact particulars of every Person
having responsibility for the operation of the Lodging
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House;
6.7.1.4.5 Its annual return under the Corporations Information
Act, R.O., 1990, c.C39, and business name document,
if applicable; and
6.7.1.5 A declaration from each Operator, and in the case of a
Lodging House to be operated by a corporation, from each
director and officer, certifying the accuracy, truthfulness and
completeness of the application.
6.7.2 The application shall be accompanied by the following documentation
and material:
6.7.2.1 Proof of insurance for use as a Lodging House with liability
limits of not less than five million dollars ($5,000,000) for
personal injury and property damage;
6.7.2.2 A floor plan of the premises including dimensions and the
proposed use of each room;
. 6.7.2.3 Confirmation in writing that the Owner consents to the use of
the Property as a Lodging House to the satisfaction of the
Clerk;
6.7.2.4 Plan for Fire Safety showing the exits and life safety items in
the building to the satisfaction of the Fire Chief.
6.8 In respect of an application for a renewal of Licence:
6.8.1 The application shall include the information set out in paragraph
6.7.1;
6.8.2 The application shall be accompanied by the proof of insurance set
out in section 6. 7 .2.1 and any documentation referred to elsewhere in
section 6.7.2 if any information has changed, or and additional
information as required by the Clerk.
6.9 Every application for Licence or renewal of Licence shall be accompanied by
the non-refundable prescribed application fee, which may be paid for by
cash, debit, cheque or credit card.
6.10 Every Applicant for a new Licence or the renewal of a Licence shall, within
four (4) business days of any change to information submitted to the City in
support of the application notify the Clerk in writing of such change and
provide full written disclosure to the Clerk of all relevant information existing
after such change.
6.11 An application for the renewal of a Licence shall be filed at least sixty (60)
days prior to a Licence expiring. Where a Licensee fails to submit an
application to renew a Licence at least sixty (60) days prior to its expiration,
the application to renew the Licence shall be processed as a new application.
7. Review of Application
7.1. Upon receipt of a complete application under section 6.7 or 6.8, the Clerk shall
cause the application to be circulated to the City's Planning Services, Building
Services and Fire Services and to the Medical Officer of Health for the Niagara
Region for any comments or objections. The Clerk shall further determine if all
necessary inspections or approvals have been completed and if all lawful
requirements have been met.
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7.2. Where the Clerk receives one or more objections to an application or determines
that any necessary inspection, approval or other lawful requirement has not
been completed, the Clerk shall return the application to the Applicant to
undertake any action necessary to address the objection(s) and/or outstanding
requirement(s).
8. Issuance of Licence
8.1. Upon completion of the process set out in subsections 7.1 and 7.2, the Clerk
shall issue or renew a Licence provided the following conditions have been met:
8.1.1. The applicant has complied with all applicable requirements set out in
section 6;
8.1.2. The circulation of the application referred to in section 7.1 does not result
in any objection to the Application which has not been cleared under
section 7.2;
8.1.3. The inspections do not indicate non-compliance with any Applicable Laws;
and
8.1.4. The Clerk determines that there are no grounds as described in Section 9
to refuse a licence
8.2. Notwithstanding subsection 8.1, the Clerk may impose such terms or conditions
on a Licence as the Clerk considers appropriate. A Licensee who is dissatisfied
with any such term or condition may appeal to the Appeals and Property
Standards Committee.
8.3. All Licences issued or renewed pursuant to this By-law shall be valid for a period
of one (1) year from the date of issuance or renewal, unless otherwise
suspended or revoked.
8.4. Licences issued or renewed under this By-law are not transferable. Subject to
section 8.5, an otherwise valid Licence shall expire automatically upon a change
in ownership or operation of the Lodging House.
8.5. Every Licensee shall notify the Clerk in writing of any pending change with
respect to the ownership or operation of a Lodging House or control of a
corporation that owns or operates a Lodging House at least thirty (30) days prior
to such change taking effect. The prospective Operators(s) or controlling
shareholder(s) shall submit an application for a new Licence that will be
processed by the Clerk in accordance with this By-law.
8.6. In addition to the items set out in section 11, it is a condition of every Licence
issued or renewed under this By-law that the Licensee shall comply with the
provisions of this By-law, all Applicable Law and any other terms or conditions
imposed on the Licence and shall ensure such compliance by any other
Person(s) involved in the operation of the Lodging House.
9. Refusal, Suspension or Revocation of a Licence
9.1. The powers and authority to refuse to issue or renew a licence, to cancel, revoke
or suspend a licence or impose terms and conditions on a licence are hereby
delegated to the Clerk.
9.2. The Clerk may refuse to issue a new Licence or renew a Licence where:
9.2.1. The Applicant has been convicted of an offence under this By-law or any
other by-law relating to licences within the previous five (5) years;
9.2.2. A Licence issued to the Applicant or the Lodging House under this By-law
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was suspended or revoked with in the previous two (2) years;
9.2.3. The Applicant owes any fine or fee to the City in relation to the Lodging
House;
9.2.4. The Clerk reasonably believes that an application or document submitted
by the Applicant contains false information; or
9.2.5. The Clerk reasonably believes that issuing the Licence may pose a threat
to the health and safety of persons or property or is otherwise not in the
public interest.
9.3. The Clerk may suspend or revoke a Licence at any time where:
9.3.1. The Licence was issued or renewed in error;
9.3.2. The Clerk becomes aware of any fact or facts which, if known at the time
of the application, would have resulted in the Clerk refusing to issue or
renew the Licence;
9.3.3. The Licensee fails to comply with this By-law, all Applicable Law or any
terms or conditions of the Licence, including those set out in subsection
8.6 and section 11 of this By-law;
9.3.4. The past conduct of the Licensee or any employee affords reasonable
grounds for belief that the applicant will not operate the Lodging House in
accordance with Applicable Law, proper management or honesty and
integrity;
9.3.5. The Licensee contravenes the provisions of this By-law; or
9.3.6. Where to do so is in the public interest.
10. Notice of Appeal
10.1. Where the Clerk refuses to issue or renew a Licence, imposes terms or
conditions on a Licence, suspends a Licence or revokes a Licence, the Clerk
shall provide written notice to the Applicant or Licensee of the decision, the
reasons for the decision and the right to appeal.
10.2. An Applicant or Licensee whose Licence has been refused, suspended or
revoked or who objects to any terms or conditions imposed on the Licence
may, within fourteen (14) days of being notified of the decision, submit a
written appeal to the Clerk for a hearing before the Appeals Committee a
review of the decision.
10.3. Where no application for an appeal hearing is submitted within the prescribed
period, the decision of the Clerk shall be final.
10.4. Upon receipt of a notice of appeal, the Appeals and Property Standards
Committee shall hold a hearing on the date and time set out in a notice from
the Clerk. •
10.5. The Appeals Committee may affirm, vary or reverse the decision of the Clerk
and may direct the Clerk to issue, renew or reinstate a Licence, with or
without conditions. Appeals Committee shall provide written reasons for its
decision, which shall be final.
10.6. Matters arising during the course of an appeal that are not provided for in this
By-law shall be governed by the Statutory Powers Procedure Act, R.S.O.
1990, C. S.22.
11. Licence Conditions and Requirements
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11.1. The conditions set out in subsections 11.2 to 11.31 to of this By-law are
attached to every Licence issued under this By-law.
11.2. Every licensee shall ensure that any updates or changes to the information
or documentation required under this By-law to be provided as part of an
application for licence or renewal thereof, is submitted within 5 business
days to the application-update portal on the City of Port Colborne website
or by filing a hard copy with the Clerk.
11.3. Without limiting section 11.2 above, every licensee shall provide an
updated proof of Insurance as required by section 6.2.7.1. within 5
business days of any changes to the terms of the insurance policy
including, but not limited to, subsequent policy renewals or changes in
insurance status.
11.4. Every licensee shall provide notice of cancellation of its insurance policy
required by section 6.2. 7 .1 to the City within 48 hours of receipt of such
notice. Updates shall be submitted to the application-update portal on the
City of Port Colborne website or by filing a hard copy with the Clerk.
11.5. The Licensee shall provide a copy of this By-law to each Lodger.
11.6. The Licensee shall post the Licence issued for a Lodging House in a
conspicuous location inside the Lodging House and shall ensure that it
remains posted and legible throughout the currency of the Licence.
11.7. The Licensee shall enter into a Lodging Agreement with each Lodger.
11.8. The Licensee shall maintain a list of current Lodgers, which shall list their
first and last names in alphabetical order and shall identify the date on
which each Lodger began residing at the Lodging House.
11.9. The Licensee shall, during the occupation by a lodger and for 12 months
after a Lodger ceases to reside at the Lodging House, maintain a file for
each Lodger that includes the following documents and information as
applicable:
11.9.1. First and last name of the Lodger;
11.9.2. Date on which the Lodger began residing at the Lodging House;
11.9.3. Date on which the Lodger ceased residing at the Lodging House;
11.9.4. A copy of the Lodging Agreement
11.9.5. Name and contact particulars of one or more emergency contact persons
identified by the Lodger; and
11.9.6. Where the Lodging House provides meals, a list of the Lodger's
nutritional needs and any allergies.
11.10. The Licensee shall ensure that the Lodging House is kept in a good state of
repair that is free of hazards and fit for human habitation and shall further
ensure that the condition of the Lodging House complies with all Applicable
Law.
11.11. The Licensee shall ensure that all common areas and amenities of the
Lodging House made available for use by Lodgers including but not limited
to appliances, furnishings, laundry facilities, elevators, interior and exterior
recreational areas, parking areas and garbage facilities are maintained in a
clean, hazard-free, and good working condition.
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11.12. Where a Lodging Agreement provides that a Licensee will provide one or
more meals to a Lodger, the Licensee shall ensure the following:
11.12.1. If the Licensee is the sole provider of meals for the Lodger, that the
Lodger is offered:
11.12.1.1. At least three (3) meals per day at reasonable and regular meal
hours;
11.12.1.2. A beverage between the morning and midday meals;
11.12.1.3. A snack and a beverage between the midday and evening meals;
and
11.12.1.4. A snack and a beverage after the evening meal;
11.12.2. That the Lodging House menus are consistent with the Canada Food
Guide published by the Government of Canada;
11.12.3. That the Lodger is informed of daily and weekly menu options with
menus posted in one or more common areas of the Lodging House and
that a record of each weekly menu be maintained for 30 days;
11.12.4. That Lodgers are given sufficient time to eat at their own pace and
accommodated if they are unable to eat during a regular meal period;
11.12.5. That any Lodging House staff assisting the Lodger are aware of the
Lodger's nutritional needs and any allergies; and
11.12.6. That Lodging House staff monitor Lodgers during meal periods.
11.13. Every Licensee shall ensure that all areas of the Lodging House where
food is prepared, processed, packaged, stored or served complies with the
Health Protection and Promotion Act and its regulations and all other
Applicable Law.
11.14. A Licensee shall ensure potable water is available for Lodgers at all times.
11.15. The Licensee shall provide a common dining room or rooms in the Lodging
House with a minimum aggregate floor area that meets or exceeds the
minimum requirements for dining rooms prescribed by the Building Code.
11.16. The Licensee shall provide a common sitting room or rooms in the Lodging
House with a minimum aggregate floor area that meets or exceeds the
minimum requirements for sitting rooms prescribed by the Building Code.
11.17. The Licensee shall provide Sanitary Facilities that are not adjacent or open
to any dining room, kitchen, food preparation or service area or food
storage room.
11.18. The Licensee shall provide at least one (1) Sanitary Facility for every four
(4) Lodgers and shall ensure that the number of Sanitary Facilities in the
Lodging House meets or exceeds the minimum requirements prescribed by
the Building Code.
11.19. The Licensee shall provide an adequate supply of clean towels and
customary toilet supplies for each Lodger and shall ensure that such items
are provided without extra charge.
11.20. Every Private Room shall have a minimum area of not less than seven (7)
square metres for a single occupancy and a minimum area of not less than
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four point six (4.6) square metres per person for a double occupancy but in
no case shall the minimum area be less than the minimum requirements for
sleeping room sizes prescribed by the Building Code.
11.21. The Licensee shall ensure that every Private Room in the Lodging House
meets the following requirements:
11.21.1. Every window and exterior door that is capable of being opened and
that is accessible from outside the Private Room shall be equipped so
that it can be secured from the inside;
11.21.2. All doors to the Private Room shall be capable of being secured;
11.21.3. At least one door to the Private Room shall be capable of being locked
by the Lodger from outside the Private Room; and
11.21.4. The Lodger(s) occupying the Private Room shall be provided with a
key to any lock(s) used to secure the Private Room.
11.22. Where the Residential Tenancies Act applies to a Lodging House, the
Licensee shall comply with the responsibilities of landlords as set out in the
statute and each Lodger shall be entitled to the protections provided to
tenants under the statute.
11.23. The Licensee shall not interfere with the provision of any medical care or
service to a Lodger or obstruct any Health and Support Worker or Health
Care Professional providing services to a Lodger.
11.24. The Licensee shall establish policies and procedures for the distribution of
medication to Lodgers by Lodging House staff, which shall comply with
Applicable Law, and shall ensure that staff do not distribute medication
except in accordance with those policies and procedures and all Applicable
Law.
11.25. The Licensee and any other Person(s) involved in the operation of the
Lodging House shall not interfere with the reasonable enjoyment of the
Lodging House by a Lodger in respect of guests and shall not:
11.25.1. Restrict, harass or interfere with short-term visitors or non-frequent
guests;
11.25.2. Impose visiting hours;
11.25.3. Require a Lodger to notify the Licensee or any other Person(s)
involved in the operation of the Lodging House of guests or request
permission to have guests; or
11.25.4. Charge a Lodger any fee or change amounts otherwise payable by the
Lodger for short-term visitors or non-frequent guests.
11.26. No Licensee or any staff of the Licensee or the Lodging House shall act as
the Guardian for any Lodger.
11.27. The Licensee shall keep a record of any complaint made by a Lodger, the
Guardian of a Lodger or any other Person in relation to any matter
regulated under this By-law, which shall document the date, time and
subject matter of the complaint, the identity of the complainant and the
action taken by the Licensee in response to the complaint.
11.28. The Licensee shall maintain complaint records for not less than three (3)
years and shall produce them to the City upon request.
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11.29. Every Licensee shall provide and display a Plan for Fire Safety on the back of
the door or visibly adjacent to the door/exit of every door in the facility.
11.30. Every Licensee shall mount all fire extinguishers in a visible, open location
and not within any cupboard, cabinet, closet or other enclosure.
11.31. Every Licensee shall ensure that smoke alarms be installed in every
bedroom and sleeping area.
12. Inspection Powers
12.1. -An Officer is hereby authorized to enter, at any reasonable time, the premises
in respect of which a licence has been issued, other than a Private Room, for
the purposes of carrying out an inspection to determine whether or not the
following are being complied with:
12.1.1. This by-law;
12.1.2. A direction or order made under this By-law;
12.1.3. A condition of a Licence issued under this By-law; and
12.1.4. Order made under the Municipal Act.
12.2. Notwithstanding subsection 12.1, an Officer may enter a Private Room with
the permission of the Lodger(s) identified in the Lodging Agreement for that
Private Room.
12.3. For the purposes of an inspection under subsection 12.1 or 12.2, an Officer
may:
12.3.1. Require the production for inspection of documents or things relevant
to the inspection;
12.3.2. Inspect and remove documents or things relevant to the inspection for
the purpose of making copies or extracts;
12.3.3. Along or in conjunction with a person possessing special or expert
knowledge, make examinations or take tests, samples or photographs
necessary for the purpose of the inspection; and
12.3.4. Require information from any persons concerning a matter relevant to
the inspection
12.4. No person shall obstruct or hinder, or attempt to obstruct or hinder, an Officer
in carrying out an inspection for the purposes of enforcing this By-law or in
carrying out any work necessary to bring a Lodging House into compliance
with this By-law.
13. Orders
13.1. Where an Officer believes on reasonable grounds that this By-law or a
condition of a Licence is not being complied with, the Officer may make an
Order requiring the Licensee to address the contravention(s) and bring the
Lodging House into compliance within the time limits specified in the Order.
13.2. An Order made under subsection 13.1 of this By-law shall be posted in a
prominent location at the Lodging House and shall further be sent by
registered mail or e-mail to the address of the Licensee on file with the City.
The Order shall be deemed served five (5) days after it is sent.
13.3. Where an Order made under subsection 13.1 of this By-law may result in
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the loss of housing for one (1) or more Lodgers, the Clerk or an Officer
shall notify Niagara Region Community Services of the Order so that
Niagara Region Community Services may take any action it deems
necessary in respect of the potential loss of housing.
13.4. Where a Licensee fails to comply with an Order issued under this By-law
within the time prescribed in the Order, the City may carry out any work
necessary to bring the Lodging House into compliance with the Order,
which work shall be done at the expense of the Licensee.
13.5. Where any action is taken to bring a Lodging House into compliance with
this By-law or where any items, materials or things are removed from any
Lodging House pursuant to this By-law, the City shall not be liable to
compensate the Licensee, Lodger(s) or any other Person by reason of
anything done by or on behalf of the City in the reasonable exercise of its
powers under this By-law.
14. Offences and Penalties
14.1. Every Person who contravenes any provision of this By-law is guilty of an
offence and upon conviction is liable to such penalties as provided for in
the Municipal Act, 2001 and the Provincial Offences Act.
14.2. This By-law is designated as a by-law to which the Administrative (Non-
Parking) Penalty By-law applies.
14.3. Any person who contravenes any of the provisions of this By-law, when
given a Penalty Notice in accordance with the City's Administrative (Non-
Parking) Penalty By-Law, is liable to pay the City an administrative penalty
in the amount specified in the City's Administrative (Non-Parking) Penalty
By-Law, as amended from time-to-time.
15. General
15.1. The short title of this By-law is the "Lodging House Licensing By-law".
15.2. If any provision of this By-law is found by any court or tribunal of competent
jurisdiction to be illegal or inoperative, in whole or in part, the balance of the
By-law shall not be affected and shall remain in full force and effect.
15.3. If there is a conflict between a provision of this By-law and a provision of
any other By-law of the City, the provision that establishes the higher
standard shall prevail.
15.4. This By-law shall be read with all changes in number or gender as are
required by context.
15.5. Any reference to legislation in this By-law includes the legislation and any
amendment, replacement, subsequent enactment or consolidation of such
legislation.
15.6. The Clerk is hereby authorized to affect any minor modifications or
corrections of an administrative, clerical, numerical, grammatical,
semantical or descriptive nature or kind to this By-law as are determined to
be necessary.
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16. Effective Date
16.1. This By-law shall come into force on the date that it is enacted.
Enacted and passed this 25th day of February, 2025.
Ron Bodner
Deputy Mayor
'
e_. -11~
13
Charlotte Madden
City Clerk
Page 368 of 434
Legal and Legislative Services
April 1, 2025
Niagara Transit Commission
2012 First Street Louth
St. Catharines, ON L2S 3V9
Attention: Mat Siscoe, Chair
Mathew.siscoe@niagararegion.ca
mat@stcatharines.ca
Dear Chair Siscoe:
Re: Accessibility Advisory Committee Niagara Transit Issues
At its meeting on March 31, 2025, the Municipal Council of the Town of Fort Erie received your
correspondence dated March 3, 2025, addressing the concerns of the Town of Fort Erie
Accessibility Advisory Committee. A copy of which is attached.
At the same Meeting, Council received further minutes from the Fort Erie Accessibility Advisory
Committee minutes dated February 25, 2025 and contained within was the following
resolution:
Whereas: The Accessibility Advisory Committee has received numerous service-related
concerns following Niagara Region Transit’s assumption of transit service provision in Fort
Erie; and
Whereas: Dedicated vehicles are no longer stationed within the Town to provide both
OnDemand and Specialized transit services; and
Whereas: The current service hours only allow bookings to begin at 7:00 a.m., whereas Fort
Erie Transit previously operated from 6:00 a.m., impacting many local employees; and
Whereas: Booking availability ends at 10:00 p.m., despite
being advertised until 11:00 p.m. in other areas of the Region; and
Whereas: The current transit service provision does not adequately meet the needs of the Fort
Erie community; and
Whereas: Prior to service amalgamation, Fort Erie had six OnDemand vehicles in continuous
service, with access to an additional three, as well as three specialized vans dedicated solely
to Fort Erie residents; and
Mailing Address: The Corporation of the Town of Fort Erie
1 Municipal Centre Drive, Fort Erie ON L2A 2S6
Office Hours 8:30 a.m. to 4:30 p.m. Phone: (905) 871-1600 FAX: (905) 871-4022 Web-site: www.forterie.ca
Page 369 of 434
Chair Siscoe, Niagara Transit Commission Page two
Whereas: The Accessibility Advisory Committee has been informed that as of March 1, 2025,
an additional vehicle will be allocated to Fort Erie, with plans for two more unless a fixed route
is established in East Fort Erie; and
Whereas: The Accessibility Advisory Committee has become aware of a new policy of the
Niagara Transit Commission, whereby drivers are not allowed to pull into driveways under any
circumstances whether it be on demand or specialized transit and persons with disabilities are
already feeling vulnerable utilizing the service; and.
Whereas: The Accessibility Advisory Committee seeks clarity regarding service provisions and
operational concerns.
Now, therefore be it resolved,
That: Council formally requests that representatives from Niagara Region Transit and service
provider Voyago attend a future Council meeting to address the following:
Service Provisions for Fort Erie:
• The number of daily booking slots available for Fort Erie and whether this is a fixed
allocation.
• The overall booking allocation process.
• The number of vehicles designated for OnDemand and Specialized services and
whether a fixed number is assigned to Fort Erie.
Operational Standards:
• Performance metrics and policies regarding abandoned ridership.
• Complaints specific to Fort Erie riders and how they have been addressed.\
• Ridership data, including the number of attempted bookings where no ride was
available.
• Niagara Transit Commission consult persons with disabilities before implementing any
policy that directly affects people with disabilities.
Financial Accountability:
• A breakdown of the additional $3 million in annual funding and the services Fort Erie
taxpayers receive in return.
• The cost of the additional vehicle allocated as of March 1, 2025, as well as the projected
costs for the proposed two additional vehicles and/or a dedicated fixed-route service.
Community Concerns:
• Issues raised by the Accessibility Advisory Committee regarding dedicated vehicles,
booking times, pick-up and delivery locations for persons with disabilities, and hours of
service.
Page 370 of 434
Chair Siscoe, Niagara Transit Commission Page three
Thank you for your attention to this matter, and we look forward to your request to attend an
upcoming Council Meeting to address these matters.
Kind regards,
Ashlea Carter,
Acting Manager, Legislative Services/Town Clerk
acarter@forterie.ca
AC:dlk
c.c: Carla Stout, General Manager, Niagara Transit Commission Carla.stout@nrtransit.ca
Edward Zahra, Deputy General Manager, Customer Experience, Niagara Transit Commission
Edward.zahra@nrtransit.ca
Jordan Hambleton, Office Manager, Corporate Administration, Niagara Transit Commission
Jordan.hambleton@nrtransit.ca
B. Bradnam, Staff Liaison, AAC
Niagara Region Ann-Marie.Norio@niagararegion.ca
Local Area Municipalities
Page 371 of 434
ltflilfls,',"
We-re going yourway.
March 3,2025
Peter Todd
Ma nager, Legistative Services/Town Cterk
Town of Fort Erie
1 MunicipaI Centre Drive
Fort Erie, ON
L2A 256
Dear Peter,
Thank you for your recent letter, advising Chair Siscoe and our Board of the concerns of the
Fort Erie Accessibitity Advisory Committee regarding microtransit services. We understand
. the chattenges that have been faced by riders through the introduction of a new service
provider and contending with the drastic increase in, and sti[[ increasing, demand for the
service.
Our Board did not provide direction, but opted to receive the letter for information, so I witl
address the committee's concerns betow. lf there are anyfurther questions, please have
the committee contact our Ctient & Community Coordinator, Wendy Middl.eton who witt be
happy to assist them. H er em a iI i s wendy. m iddteto n@n iagratransit.ca.
Vehicles and Ride Altocations
Since the system's amatgamation, we have not assigned a set number of rides to any
specific municipa[ity. Through the triple-majority process we were mandated to co-mingte
the ondemand and speciatty services while maintaining the [eve[ of service that was
funded by each municipatity. The co-mingted system is dynamic, meaning it responds in
nEcBrsm
FlAI(
Page 372 of 434
Tti,:3fls,'-'
We'regoing yourway.
reaI time to demand and optimizes the number of rides and travel times as much as
possibte across the network.
To maximize avaitabititywithin municipaI borders and minimize excessive intermunicipat
trips, we digitatty altocate vehictes to specific communities. Recentty, we increased the
number of vehicles dedicated to Fort Erie from 6 to 7, with an additionat 2more vehictes to
be shared between Fort Erie and Port Colborne. Out of the now 9 vehicles dedicated to Fort
Erie, 3 are completely accessibte for persons in a wheetchair. Whil.e this shoutd improve
access to speciatized trips, it is important to note that demand for speciatized service has
increased significantty across the system. Prior to amatgamation, Niagara had 2,230
registered users on speciatized transit service. ln just two years we have added an
additiona[ 1,413 riders-a 630/o increase. Regardtess of the enhancements made under the
current system and [eve[ of investment, we witt stitt fat[ short of being abte to meet a[[ the
needs of our speciatized riders.
We woutd atso like to ctarify some ctaims regardingthe number of microtransit vehictes
previousty operating in Fort Erie. The maximum fteet Fort Erie had at any given time
detivering ondemand service was I vehicles, but they did not operate att day every day. lt
would range as low as 2-3 at one time to a maximum of 8 at midday but shift changes at
that time meant that vehictes were not a[[ serving riders during that period. The former
provider did augment the service with 1-2 vehictes throughout peak periods but this was
not specified in their contract nor consistentty detivered. ln addition to those 8 vehictes
providing ondemand services in Fort Erie, the FAST speciatized service atso had 1
dedicated van to speciatized trips per shift per day.
The 7 + 2 Niagara Transit vehicles to be dedicated to Fort Erie witt be in service for the futl
day from 7:00AM-1 1 :00PM. We expect that this witL bring us much ctoser to meeting current
demand as this is a signif icant increase in totaI vehicte avaitabitity for the entire service day
for both speciatized and microtransit users.
1-833-6/8-b4632012 First Street Louth,5t. Catharines, ON L2S 3Vg
Page 373 of 434
I Niaoara
Trafrsit
We're going yourway.
Abandoned Ridership and Complaints
Both speciatized services detivered by the contracted service modet and those detivered in
house within the larger cities have faced significant challenges in meeting demand. ln-
house services inherited an aging fteet that has required extensive maintenance. The new
NTC was not given the capital budget to immediatety add to that fleet to detiver more
speciatized services or ondemand trips within its own complement. As a resutt, the NTC
has had to rety on an externaI contractor to serve the needs of Niagara's ridership.
No company had ever provided a Niagara-wide co-mingled microtransit service and the
ridership of the pitot projects (Niagara Region Transit OnDemand and Fort Erie Transit
OnDemand) that it was based on, ptus the ridership of speciatized services of the Fort Erie
Accessible Speciatized Transit (FAST) and Niagara Specialized Transit (NST)services, were
all coltectivety artificiatty deftated due to the COVID-19 pandemic.
Despite these chaltenges, we remain committed to improving service retiabitity and
minimizing disruptions for riders. Our team continuousty monitors trips and proactivety
rea[tocates them to ensure prompt service.
Recentty, we have taken an active operations management role with Voyago. As a resutt, we
are pteased to report, as mentioned, more vehicles are being dedicated to Fort Erie and
more will be arriving to bolster the number dynamicatty avaitabte across Niagara. We are
atso exploring new strategies to atteviate the burden of ondemand on the system that is
being fett by speciatized ridership.
We share your passion and commitment to detivering the specialized transit Niagara and
our riders deserve. We witt continue to work towards a better system to ensure better
outcomes for al[ municipatities. We look forward to sharing our ptans for a new approach to
specialized and microtransit services, which we betieve witt significantty improve service
delivery. We wiLt update your locaI Council when we are ready to present these
devetopments.
We would atso encourage you to participate during the budget process to hetp emphasize
the importance of transit to our Regionat Counci[tors who make the decision on transit
1-833-678-54632012 First Street Louth, St. Catharines, ON LzS 3Vg
Page 374 of 434
!'H:gs,l'
Wefre going your way.
funding. White we consistentty advocate for the needs of our riders, hearing directty from
the community has the greatest impact on CounciI decisions.
Thank you again for your passion and your advocacy for both transit and our speciatized
service. We look forward to continuing to advocate alongside you and working towards a
Niagara that is truly barrier-free and connected through transit.
Sincerety,
Carla Stout, DPA
GeneraI Manager
Niagara Transit
1-833-678-54632012 First Street Louth, St. Catharines, ON L2S 3Vg
Page 375 of 434
1
Notice of Motion – Big City Mayors
For Tuesday, April 8th, 2025
• Whereas membership into Ontario’s Big City Mayors (OBCM) requires a
municipality to have a population of 100,000 or more, and
• Whereas according to Statistics Canada, Niagara Falls now has a
population of 111,793
Therefore be it resolved that City Council share a formal request to OBCM that
the City of Niagara Falls be included as a member of OBCM allowing for
opportunities like:
▪ Consulting and liaising with other cities in Canada that have a presence
on the global stage like Niagara Falls
▪ Creating value for residents through learning, collaborating and sharing
ideas with like-sized communities
▪ Implementing best practices common in larger cities, including safety
and security and strategic planning
▪ Being included in conversations where tourism, international relations,
safety and security, economic development and trade are a priority
Page 376 of 434
CITY OF NIAGARA FALLS
By-Iaw No.2025-042
A by—lawprovides for the adoption of Amendment No.181 to the City of Niagara Falls
Official Plan (AM—2024—008).
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.181 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 8thday of April,2025.
BILL MATSON,CITY CLERK JAMES M.DIODATI,MAYOR
Page 377 of 434
OFFICIAL PLAN AMENDMENTNO.181
PART 1 —PREAMBLE
(i)Purpose of the Amendment
The purpose of the amendment is to permit a maximum density of 155 units per
hectare on the subject lands.
(ii)Location of the Amendment
The amendment applies to lands shown as Special Policy Area 105 on Schedule A —
Future Land Use to the City’s Official Plan.
(iii)Details of the Amendment
Map Changes
MAP 1 —Schedule “A”to the Official Plan —Future Land Use has been amended to show
the Tourist Commercial designation with Special Policy Area 105.
Text Change
PART 2,SECTION 13 —SPECIAL POLICY AREAS,is amended by the addition of
Subsection 13.105.
(iv)Basis of the Amendment
The applicant proposes utilizing two apartment buildings for 18 dwelling units at a
maximum density of 155 units per hectare.
The subject lands are designated Residential as shown on Schedule A —Future Land
Use of the City’s Official Plan.
The amendment meets the intent of the Official Plan as the proposal represents
efficient use of serviced urban land with an increase of density to 155 units per hectare
as both transportation and municipal infrastructure have adequate capacity to
accommodate the proposal and willassist in achieving the minimum 50%residential
intensification annual target in the Built-Up area with the increase in density on the
subject lands.
Allof this part of the document entitled PART 2 -BODY OF THE AMENDMENT,consisting ofthefollowingtextandattachedmap,constitute Amendment No.181 to the Official Plan of the City ofNiagaraFalls.Page 378 of 434
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.181",shall be identified as Special Policy Area 105 on Schedule A —
Future Land Use of the Official Plan.
TEXT CHANGE
a.PART 2,SECTION 13 —SPECIAL POLICY AREAS,is hereby amended by adding
the following subsection:
13.105 SPECIAL POLICY AREA “105”
Special Policy Area ”105”applies to approximately 0.12 hectares of land located on
the north side ofOntario Avenue between John Street and Hiram Street,municipally
known as a vacant parcel (Lot 15 —Plan 328)and 5567 Ontario Avenue (Lot 16 —
Plan 328).Notwithstanding the policies of Part 2,Section 4.2.31,the lands may be
developed with a maximum density of 155 units per hectare.Page 379 of 434
Z/g MAP 1 To AMENDMENTNo.181
”Mgm?‘?l?SCHEDULE A TO THE OFFICIAL PLAN
AreaAffectedby this Amendment D
Proposed ChangeTo:SpecialPolicyArea 104on ScheduleA—Future LandUse to the City's Of?cialPlan.
McDougallCr
o
453’&
City of Niagara Falls Official PlanExcerptfromSCHEDULE-A -FUTURELANDUSEResldentialTouristCommercial.Note:Thisschedule form part ofAmendmentNo.181 to the Of?cialPlanforthe Cityof Niagara Fallsanditmustbereadinconjunctionwiththewrittentext.K:\GlS_Requests\2024\5chedule\Zoning\Zonin92024.ap1x Aid-20244108 2/27/2025Page 380 of 434
CITY OF NIAGARA FALLS
By-Iaw No.2025-043
A by—Iawto amend By-Iaw No.79-200,to permit the use of the Lands for the development
of a 3-storey ”Ii—unitapartment dwelling,subject to removal of a Holding (H)symbol and
a 3-year sunset clause (AM-2024-OO8).
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
1.The Lands that are the subject of and affected by the provisions of this by-law are
described in Schedule 1 of this by—lawand shall be referred to in this by—Iawas the
“Lands”.Schedule 1 is a part of this by-law.
The purpose of this by—Iawis to amend the provisions of By—IawNo.79-200,to
permit the use of the Lands in a manner that would othenNise be prohibited by this
by-law.In the case of any conflict between a specific provision of this by-law and
any existing provision of By-Iaw No.79-200,the provisions of this by—laware to
prevail.
Notwithstanding any provision of By-Iaw No.79—200to the contrary,the following
uses and regulations shall be the permitted uses and regulations governing the
permitted uses on and of the Lands.
The permitted uses shall be:
(a)the uses permitted in the R58 zone.
The regulations governing the permitted uses shall be:
(0')(6)
Minimum lot area 52.6 square metres for each
dwelling unit
Minimum lot frontage 15.22 metres
Minimum interior side yard width 1.5 metres (north side)
4.5 metres (south side)
2.2 metres (south side)to the
Parking and access 0.94 parking spaces per dwellingunitLocationofParkingAminimumof7parkingspacesshallbeprovidedonParcelParcelRSB(H)-1282,with thePage 381 of 434
10.
11.12.
remaining 2 required parking
spaces to be provided on Parcel
R5B(H)-1283.
(f)Minimum parking stall width 2.7 metres
(9)Minimum perpendicular width of a 6.0 metres
manoeuvring aisle
(h)Minimum landscaped open space 26.3 %of the lot area
area
(i)Minimumamenity space for an 5.7 square metres
apartment dwelling unit
(j)The balance of the regulations specified for a R58 use.
Allother applicable regulations set out in By-law No.79—200shall continue to apply
to govern the permitted uses on the Lands,with all necessary changes in detail.
No person shall use the Lands for a use that is not a permitted use.
No person shall use the Lands in a manner that is contrary to the regulations.
The Holding (H)symbol that appears on Schedule 1 attached hereto is provided
for in the City of Niagara Falls Official Plan pursuant to Section 36 of the Planning
Act.No person shall use the Lands described in section 1 of this by-law and shown
hatched and designated R5B(H)and numbered 1282 on the plan Schedule 1
attached hereto for any purpose,prior to the H symbol being removed pursuant to
the Planning Act.Priorto the H symbol being removed,the landowner or developer
shall:
0 Obtain Consent approval for reciprocal easements to allow Parcel R5B(H)—
1282 and Parcel R5B(H)—1283to use a shared driveway for access and
parking and to register the said easements on title to Lot 15 and Lot 16 on
Plan 328,City of Niagara Falls.
The provisions of this by-law shall be shown on Sheet D4 of Schedule “A”of By—
law No.79—200by redesignating the Lands from R2 to R5B(H)and numbered
Should the owner of the Lands not execute a Site Plan agreement,to thesatisfactionoftheCity,within 3 years of this by—lawcoming into effect,then thisby—lawshall be deemed to be repealed and the zoning of the lands zoned RSB(H)-1282 Zone shall be of no force and effect,and the zoning of the Lands will reverttotheR2zone.Notwithstanding clause 11 above,the approval of this by—lawmay be extended by1yearatthediscretionoftheGeneralManagerofPlanning,Building andDevelopment.Page 382 of 434
13.Section 19 of By—IawNo.79—200is amended by adding thereto:
19.1.1282 Refer to By—IawNo.2025-043
Read a First,Second and Third time;passed,signed,and sealed in open Council
this 8thday of April 2025.
WILLIAMG.MATSON,CITY CLERK JAMES M.DIODATI,MAYOR
Page 383 of 434
Z4Niagara?qlls.SCHEDULE 1 TO BY-LAW NO.2025-043
Area Affectedby this Amendment
Amending Zoning By-law No.79-200
Description:Lot 15,Plan328;City of Niagara Falls
Applicant:DominicSpedaliereAssessment:272503000211900 AM—2024-008-1K:\GlS_Requests\2024\Schedule\Zoning\ZoningZOZ~l.aprx 3/17/2025Page 384 of 434
CITY OF NIAGARA FALLS
By—IawNo.2025-044
A by—Iawto amend By-law No.79—200,to permit the existing 3-storey 7—unitapartment
dwelling as a use of the Lands,subject to removal of a Holding (H)symbol (AM—2024—
008).
THE COUNCIL OF THE CORPORATION OF THE CITYOF NIAGARA FALLS ENACTS
AS FOLLOWS:
'1.The Lands that are the subject of and affected by the provisions of this by—laware
described in Schedule 1 of this by—lawand shall be referred to in this by—lawas the
“Lands”.Schedule 1 is a part of this by—law.
The purpose of this by—lawis to amend the provisions of By—IawNo.79-200,to
permit the use of the Lands in a manner that would othenNise be prohibited by this
by—law.In the case of any conflict between a specific provision of this by—lawand
any existing provision of By—lawNo.79—200,the provisions of this by-law are to
prevail.
Notwithstanding any provision of By-law No.79—200to the contrary,the following
uses and regulations shall be the permitted uses and regulations governing the
permitted uses on and of the Lands.
The permitted uses shall be:
(a)the uses permitted in the R58 zone.
The regulations governing the permitted shall be:
(a)
(b)
(C)
(d)
(e)(1‘)
Minimum lot area 82.8 square metres for each
dwelling unit
Minimum lot frontage 15.24 metres
Minimum front yard depth 6.17 metres
Minimum interior side yard width 0.69 metres (north side)
Parking and access 0.94 parking spaces per dwellingunitLocationofParkingAmaximumof2requiredparkingspacesthatcannotbeprovidedonParcelR5B(H)—1282shall beprovidedonParcelR5B(H)—1283Page 385 of 434
10.
11.
(g)Minimum parking stall width 2.7 metres
(h)Minimum manoeuvring aisle width 6.0 metres
(i)Minimum landscaped open space 22.1 %of the lot area
area
(j)Minimum amenity space for an 9.4 square metres
apartment dwelling unit
(k)The balance of the regulations specified for a R5B use.
Allother applicable regulations set out in By-law No.79—200shall continue to apply
to govern the permitted uses on the Lands,with all necessary changes in detail.
No person shall use the Lands for a use that is not a permitted use.
No person shall use the Lands in a manner that is contrary to the regulations.
The Holding (H)symbol that appears on Schedule 1 attached hereto is provided
for in the City of Niagara Falls Official Plan pursuant to Section 36 of the Planning
Act.No person shall use the Lands described in section 1 of this by-law and shown
hatched and designated R5B(H)and numbered 1283 on the plan Schedule 1
attached hereto for any purpose,prior to the H symbol being removed pursuant to
the Planning Act.Priorto the H symbol being removed,the landowner or developer
shall:.Obtain Consent approval for reciprocal easements to allow Parcel R5B(H)-
1283 and Parcel RSB(H)—1282to use a shared driveway for access and
parking and to register the said easements on title to Lot 15 and Lot 16 on
Plan 328,City of Niagara Falls.
The provisions of this by—lawshall be shown on Sheet D4 of Schedule “A”of By-
law No.79-200 by redesignating the Lands from R2 to R5B(H)and numbered
1283.
Section 19 of By—lawNo.79-200 is amended by adding thereto:
19.1.1283 Refer to By-law No.2025-044
WILLIAMG.MATSON,CITY CLERK JAMES M.DIODATI,MAYORPage 386 of 434
£4Niagara?qlls SCHEDULE 2 TO BY-LAW NO.2025-044
Area Affectedby this Amendment
Amending Zoning By-law No.79-200
Description:Lot 16,Plan 328;Cityof Niagara Falls
Applicant:DSVCapital Management Corp.Assessment:272503000211800 AM-2024-008_2K:\GlSVRequests\2024\Sthedule\Zoning\Zoning20243er 3/17/2025Page 387 of 434
CITY OF NIAGARA FALLS
By-law No. 2025 - 045
A by-law to permanently rename a roadway, east of Schisler Road and west of Montrose
Road as referenced in report PBD-2025-10 which was approved in council February 4,
2025.
WHEREAS Section 11 of the Municipal Act, 2001 provides, in part, that the Council of
every municipality may pass by-laws for the changing of names of highways;
AND WHEREAS Section 11(3) of the Municipal Act, 2001 provides that passing a by-law
related to highways is within the sphere of jurisdiction of a lower-tier municipality;
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. That Schisler Road, being Parts 1 & 6 of 59R17616 aka. Old Schisler Road, in the
City of Niagara Falls, in the Regional Municipality of Niagara, be now known as
Pattison Lane.
2. This by-law shall not take effect until a certified copy of this by-law has been
registered in the Registry Office for the Land Titles Division of Niagara South.
Passed this ___ day of April, 2025.
...................................................................... …………………………………….
WILLIAM G. MATSON, ACTING CITY CLERK JAMES M. DIODATI, MAYOR
First Reading:
Second Reading:
Third Reading:
Page 388 of 434
THE CORPORATION OF THE CITY OF NIAGARA FALLS
BY-LAW
Number 2025 - 046
A by-law to amend By-law No. 89-2000, being a
by-law to regulate parking and traffic on City
Roads. (Parking Prohibited, Stopping Prohibited)
---------------------------------------------------------------
The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows:
1. By-law No.89-2000, as amended, is hereby further amended:
a) by adding to the specified column of Schedule C thereto the following item:
PARKING PROHIBITED
COLUMN 1
HIGHWAY
COLUMN 2
SIDE
COLUMN 3
BETWEEN
COLUMN 4
TIMES/DAYS
St. Mary’s Street Both Sides The western terminus of St. Mary’s Street
and a point 20 metres east
At All Times
b) by removing from the specified columns of Schedule A thereto the following item:
STOPPING PROHIBITED
COLUMN 1
HIGHWAY
COLUMN 2
SIDE
COLUMN 3
BETWEEN
COLUMN 4
TIMES/DAYS
Dorchester Rd
West
A point 50 m south of Oxford St. and a point
30 m south of Camrose St.
8:00 a.m. to 4:30 p.m.
Mon. to Fri.
Page 389 of 434
c) by adding to the specified columns of Schedule A thereto the following item:
STOPPING PROHIBITED
COLUMN 1
HIGHWAY
COLUMN 2
SIDE
COLUMN 3
BETWEEN
COLUMN 4
TIMES/DAYS
Dorchester Rd
West
Oxford St. and a point 30 m south of
Camrose St.
8:00 a.m. to 4:30 p.m.
Mon. to Fri.
This By-law shall come into force when the appropriate signs are installed.
Read a first, second, third time and passed.
Signed and sealed in open Council on this 8th day of April, 2025.
............................................................... ...........................................................
WILLIAM MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
Page 390 of 434
CITY OF NIAGARA FALLS
By-law No. 2025-47
A by-law to amend By-law No. 2024-113, to include new fees and charges relating to the
transfer of regional planning responsibilities to the City.
WHEREAS it has been the municipality’s practice to consolidate fees and charges in a
booklet for the ease of the public;
AND WHEREAS all of the fees and charges contained within By-law No. 2024-113 and
booklet were previously approved by Council;
AND WHEREAS The Regional Municipality of Niagara’s planning responsibilities are
being transferred to the City and as such it is necessary to amend By-law No. 2024-113
to update fees and charges;
AND WHEREAS it is deemed desirable to amend By-law No. 2024-113 accordingly.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
NIAGARA FALLS ENACTS AS FOLLOWS:
1. That By-law No. 2024-113 is amended by deleting Schedule “A” and
replacing it with Schedule “A” attached to this by-law.
2. All other applicable provisions and regulations set out in By-law No. 2024-113
shall remain the same and continue to apply.
Read a First, Second and Third time; passed, signed and sealed in open Council this 8th
day of April, 2025.
................................................................. .....................................................
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
Page 391 of 434
Schedule of Fees
January 1, 2025
1
Page 392 of 434
3-4
Finance
Water Rates 5
Water/Tax fees 6
Legal 7
Business Development 7
Planning, Building & Development
Planning
Official Plan Amendment/Zoning by-law Amendment/Site Plan Amendment 8
Committee of Adjustment/Publications/CIP's 9
Building
Occupancies 10-11
Building Stand Alone Permit Fees 12-13
Demolition/Administration Fees 14
Sign/Pool Permits, Deposits, Lot Grading, Refunds 15
Municipal Enforcement & Property Standard Fees/Other Applicable Fees 16
Development Charges 17
Parking 18
Municipal Works
Water/Sewer Fees 19-20
Subdivision & Vacant Land Condominium and Deposits/Administrative Fees 21
Forestry/Curb & Sidewalk Alterations 22
Traffic 23
Fire
Inspections/Approvals/Permits/Products/Misc.24-25
Training/Public Education Services/Fire Protection Services 26
Cemeteries
Interment Rights/Fees/Services 27
Dis-Interment Services/Administration Services 28
Products/Memorial Program/Foundation/Marker/Installation Services 29
Notes 30
Recreation, Culture & Facilities
Ice/Floor Rentals 31
Special Event Rental Rates 32
Room Rentals (MacBain Community Centre)33
MacBain Community Centre - Indoor Play Structure/Birthday Parties 34
Older Adults (MacBain Community Centre) Program & Rental Fees 35
Aquatics (MacBain Community Centre) 36
Room Rentals (Gale Centre/Chippawa Arena)/Public Skating 37
Playing Fields 38
Museum Fees 39-40
Niagara Falls Exchange Fees/Rentals 41-42
Clerks Department
Table of Contents
2
Page 393 of 434
Licence $ Rate $ HST Expiration Date
Amusement Place, etc. 45.00 N/A April 30
Auctioneers 65.00 N/A December 31
Bake Shops 30.00 N/A December 31
Barber Shops, Hair Dressing & Esthetician Establishments 30.00 N/A December 31
Bill & Sign Posting and Installation 100.00 N/A December 31
Billiard, Bagatelle & Pool Establishments 70.00 N/A December 31
Billiard, Bagatelle & Pool Establishments - plus rate per table 20.00 N/A December 31
Bowling Alleys - per lane 20.00 N/A December 31
Butchers 30.00 N/A December 31
Camping Establishments 110.00 N/A December 31
Commercial Parking Lots 100.00 N/A December 31
Driving Schools 60.00 N/A December 31
Driving Instructors 25.00 N/A December 31
Exhibitions, etc. 45.00 N/A December 31
Flea Markets for first 3 consecutive days 650.00 N/A December 31
Flea Markets - additional rate per day 100.00 N/A
To a maximum of
$1,150 in one calendar
year
Food Premises 30.00 N/A December 31
Laundrymen, Laundry Companies, Dry Cleaners, etc. 30.00 N/A December 31
Motels per room 40.00 N/A April 30
Motels Plus rate per room 5.00 N/A April 30
Pawn Brokers 110.00 N/A December 31
Pedlars - Resident 110.00 N/A December 31
Pedlars - Non-resident 650.00 N/A December 31
Photographers - Resident 65.00 N/A December 31
Photographers - Non-resident 140.00 N/A December 31
Public Garages 30.00 N/A December 31
Public Auto Service Stations 30.00 N/A December 31
Public Hall Grade 1 - Capacity 1,000+45.00 N/A December 31
Public Hall Grade 2 - Capacity 600-999 40.00 N/A December 31
Public Hall Grade 3 - Capacity 300-599 35.00 N/A December 31
Public Hall Grade 4 - Capacity 299-under 30.00 N/A December 31
Refreshment Vehicles - Motorized 185.00 N/A April 30
Refreshment Vehicles - Non-Motorized 100.00 N/A April 30
Restaurants 40.00 N/A December 31
Specific Location Daily Sales - Resident 150.00 N/A
To a maximum of
$1,000 in one calendar
year
Specific Location Daily Sales - Non-Resident (for 1st day)500.00 N/A N/A
Plus additional rate per day 100.00 N/A N/A
Charitable Groups - for first 3 days 325.00 N/A To a maximum of $575
in one calendar year
Plus additional rate per day 50.00 N/A N/A
Tattoo and Body Piercing Parlours 100.00 N/A December 31
Theatres 110.00 N/A December 31
Tourist Homes, Bed & Breakfasts 65.00 N/A April 30
Second Level Lodging 200.00 N/A December 31
Group Homes 25.00 N/A December 31
First year Administrative Fee on all Licences 25.00 N/A N/A
Clerks Department
3
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Marriage Licence Fees $ Rate $ HST Expiration Date
Marriage Licence (payable at the time of application)160.00 N/A N/A
Seasonal Business Services Licences $ Rate $ HST Expiration Date
Seasonal Business Services Licence 1,200.00 N/A
Valid from Victoria Day
weekend until Canadian
Thanksgiving
Monthly Seasonal Business Service Licence 300.00 N/A Valid for four (4) consecutive
weeks.
Civil Marriage Ceremony Fees $ Rate $ HST Total
FOR RESIDENTS OF NIAGARA FALLS: Civil Marriage in or
at City Hall i.e. Council Chambers during business hours
$200.00 City Administration Fee (non-refundable) $250.00
Officiant fee(1)
450.00 58.50 508.50
FOR NON-RESIDENTS OF NIAGARA FALLS: Civil Marriage
in or at City Hall i.e. Council Chambers during business hours
$500.00 City Administration Fee (non-refundable) $250.00
Officiant fee(1)
750.00 97.50 847.50
FOR RESIDENTS OF NIAGARA FALLS: Civil Marriage off-
site in Ontario and/or outside of business hours $200.00 City
Administration Fee (non-refundable) plus $250.00 Officiant
fee(2)
450.00 58.50 508.50
FOR NON-RESIDENTS OF NIAGARA FALLS: Civil Marriage
off-site in Ontario and/or outside of business hours $500.00
City Administration Fee (non-refundable) plus $250.00
Officiant fee(2)
750.00 97.50 847.50
Rehearsal Fee(1)(2) (plus Officiant expenses)75.00 9.75 84.75
Witness Fee (Municipal Staff - per employee) during business
hours (if required)25.00 3.25 28.25
Cleaning Fee (if required)100.00 13.00 113.00
Milage/Expenses - outside of business hours: mileage charge
at current rate as approved by Council; applicable expenses
as agreed upon by both parties, i.e. meals, accomodations
(1) Where a ceremony is performed by a Marriage Offciant who is an employee of the City, the Marriage Officiant Fee is
retained by the City of Niagara Falls
(2) Payment of the City's portion of applicable fees is mandatory and shall not be waived by the Clerk or Designated Officiant.
The Marriage Officiant may , at their sole discretion, waive the portion of the fees (Officiant/Mileage/Expenses) which would
otherwise be payable to them
(3) All applicable insurance coverage shall be the responsibility of the couple and the City shall be provided with the applicable
documentation, including the use of City Hall.
Additional Notes:
1. Additional rental fees may apply for the use of other locations outside of City Hall. Bookings for any other facility is the
responsibility of participants to make appropriate arrangements and payment for a facility to be utilized for the Marriage Ceremony.
2. Fees do not include the Marriage Licence Fee which is established by by-law and my be amended from time to time.
3. All marriage ceremonies shall be performed in accordance with the City's Civil Marriage Soleminization Policy.
Vacation Rental Units/Bed & Breakfast $ Rate $ HST Total
Vacation Rental Units/Bed & Breakfast - new licence or
ownership change*500.00 N/A 500.00
Renewal of Vacation Rental Unit or Bed & Breakfast (annual)*250.00 N/A 250.00
*this fee includes the Fire Inspection Fee
Council Code of Conduct $ Rate $ HST Expiration Date
Filing Fee 500.00 N/A N/A
Note: In the event that the Integrity Commissioner determines that a complaint is frivolous, vexatious, contains sufficient grounds to
support an investigation, or that it is determined that no violation occurred, that the complainant shall forfeit the filing fee of $500. If the
Integrity Commissioner finds there are sufficient grounds to support an investigation, 50% of the filing fee shall be refunded.
Clerks Department
4
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Water Rates
Consumption Charge
Water
Sewer
Rate Table for Monthly Service Charges
Meter Size Water $ Fee Sewer $ Fee
15 millimeters (5/8")22.64 27.19
18 millimeters (3/4")22.64 27.19
25 millimeters (1")35.09 42.15
37 millimeters (1 1/2")87.17 104.69
50 millimeters (2")164.15 197.14
75 millimeters (3")316.99 380.68
100 millimeters (4")549.06 659.40
150 millimeters (6")1,075.49 1,291.61
200 millimeters (8")1,794.36 2,154.94
250 millimeters (10")2,575.51 3,093.06
Flat Rate Table for Monthly Service Charges
Flat Rate Monthly Charges Water $ Fee Sewer $ Fee
Monthly Charges 51.64 58.13
Flat Rate New Construction
Monthly Charges Water $ Fee Sewer $ Fee
New Construction Monthly Charges 25.90 26.99
Residential Reluctant Monthly
Charges Water $ Fee Sewer $ Fee
Reluctant Monthly Charge 154.92 174.39
*Rates displayed assumes payment on or before due date. Payments received subsequent to due dates are subject to a Late
Payment Charge of 1.25% to be added to the water account at the beginning of each month. The Municipal Act provides the City
with the authority to transfer unpaid water/sewer charges to the property tax account of the owner. A processing fee of $30 is charged
on each account transferred to taxes due to non-payment.
Finance
Rate
$1.394 per cubic meter
$1.713 per cubic meter
5
Page 396 of 434
Water $ Fee $ HST $ Total
New Account Set Up Fee 30.00 N/A 30.00
Collection Charge - overdue water bills 30.00 N/A 30.00
Water Information per property 20.00 N/A 20.00
Meter Data Fee 30.00 N/A 30.00
Administration Fee for Water Arrears Transferred to Outside Collection
Agency 30.00 N/A 30.00
Water Bill Reprint 20.00 N/A 20.00
Water Bill Statement of Account - Current Year no charge N/A 0.00
Water Bill Statement of Account - One Year & Prior 15.00 N/A 15.00
Transfer Fee between accounts (first time free)20.00 N/A 20.00
Transfer to /from tax (first time free)20.00 N/A 20.00
Refund on Credit on Water Account (first time free)20.00 N/A 20.00
For water shut-off fees, please refer to our Municipal Works: Water fees on page 20.
Tax Information $ Fee $ HST $ Total
Tax Certificate per property 75.00 N/A 75.00
Tax Information per property 45.00 N/A 45.00
Registration Fees - Mortgage Letter 50.00 N/A 50.00
Registration Fees - Debt Farm Letter 50.00 N/A 50.00
Registration Fees - Final Letter 50.00 N/A 50.00
Interest/Penalty on Tax Arrears 1.25%N/A 1.25%
Extension Agreements 500.00 N/A 500.00
Personal Tax Information Copy - Current Year no charge N/A no charge
Personal Tax Information Copy - One Year and prior 15.00 N/A 15.00
Personal Tax Information Copy - Prior to 1990 100.00 N/A 100.00
Mortgage Company Administration Fee 15.00 N/A 15.00
Tax Bill Reprint 20.00 N/A 20.00
Transfer Fee to tax account - internal (arrears transfer fee to tax account)30.00 N/A 30.00
Transfer Fee to tax account - external 50.00 N/A 50.00
Refund Credit on Tax Account (first time free)20.00 N/A 20.00
Transfer to/from water account (first time free)20.00 N/A 20.00
Transfer to/from tax account (first time free)20.00 N/A 20.00
Tax Reminder Notices 5.00 N/A 5.00
Licences $ Fee $ HST $ Total
Dog Licence - Neutered 20.00 N/A 20.00
Dog Licence - Non-Neutered 40.00 N/A 40.00
Miscellaneous $ Fee $ HST $ Total
Returned Cheque Fee - per account 40.00 N/A 40.00
Ownership Change Request 20.00 N/A 20.00
Rush Tax Certificates 125.00 N/A 125.00
New Roll Creation 40.00 N/A 40.00
Information Systems - GIS $ Fee $ HST $ Total
Owner requested civic address changes 314.29 40.86 355.15
Finance
6
Page 397 of 434
Description $ Fee*$ HST $ Total
Preparation of Subdivision Agreement 3,500.00 N/A 3,500.00
Preparation of Development Agreement 3,500.00 N/A 3,500.00
Preparation of Condominium Agreement 3,500.00 N/A 3,500.00
Preparation of Site Plan Agreement 1,500.00 N/A 1,500.00
Preparation of Amending Site Plan Agreement 650.00 N/A 650.00
Preparation of Section 37 Agreement 1,000.00 N/A 1,000.00
Preparation of Conservation Easement Agreement 750.00 N/A 750.00
Preparation of Encroachment Agreement 500.00 N/A 500.00
Preparation of Easement Agreement 500.00 N/A 500.00
Preparation of Lease/Licence Agreement with the City 500.00 65.00 565.00
Preparation of Release of Easement 150.00 N/A 150.00
Preparation of Amending Encroachment Agreement/Assignment of
Encroaching Agreement 250.00 N/A 250.00
Preparation of Registration Document for Part Lot Control By-Law 200.00 N/A 200.00
Preparation of Registration Document for Deeming By-law 200.00 N/A 200.00
Preparation of Registration & Discharge for Property Standards Order 150.00 N/A 150.00
Preparationof all other Agreements 1,500.00 N/A 1,500.00
Preparation of Release and/or Discharge of Agreement 150.00 N/A 150.00
Processing of Air Rights Easement 500.00 N/A 500.00
Processing of Conveyance of Lands for Road Widening/Daylighting Triangle 250.00 N/A 250.00
Processing of Dedication/Lifting of Reserve Blocks 250.00 N/A 250.00
Processing of request to Encroach on City Owned Property - Residential 250.00 N/A 250.00
Processing of request to Encroach on City Owned Property - Commercial 500.00 N/A 500.00
Request to Purchase Property that has not been previously declared surplus 500.00 N/A 500.00
Deposit for Appraisal & Reference Plan costs associated with approved
purchase of property that has not been previously declared surplus 5,000.00 N/A 5,000.00
Processing of Request to Lease/Licence City Owned Property 500.00 N/A 500.00
Preparation of Registration Document for All Other Agreements 200.00 N/A 200.00
Processing of Request for an Easement over City Lands 500.00 N/A 500.00
Preparation of Amending Subdivision Agreement, Amending Condominium
Agreement or Amending Development Agreement 1,500.00 N/A 1,500.00
Preparation of Amending Section 37 Agreement 750.00 N/A 750.00
Preparation of Registration Document for All Other Agreements 200.00 N/A 200.00
*The above fees are subject to Applicable Disbursements and Registration Costs and are at the discretion of the City
Solicitor
Description $ Fee*$ HST $ Total
Stanley Ave. Business Park Assoc. Annual Sign Fee for Third Party
Advertising (for 4 panels)500.00 65.00 565.00
Term: October 1, 2024 to September 30, 2025
Payment Due Date: September 1, 2024
Legal
Business Development
7
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Regional Official Plan Amendment $ Fee*$ HST $ Total
Consent Application 20,500.00 N/A 20,500.00
ROPA: Urban Area Boundary Expansion 63,630.00 N/A 63,630.00
ROPS: To establish pit or quarry 128,710.00 N/A 128,710.00
Official Plan Amendment $ Fee*$ HST $ Total
Major (review of 4 or more studies)24,957.00 N/A 24,957.00
Standard (under 4 studies)18,860.00 N/A 18,860.00
More than two (2) submissions of plans & studies for review $1,587.00 for each
subsequent submission N/A $1,587.00 for each
subsequent submission
Aggregate Resource Extraction Full Cost Recovery
($16,707.00 deposit) N/A Full Cost Recovery
($16,707.00 deposit)
Environmental Matters 15,225.00 N/A 15,225.00
Preconsultation Fee (consent) 1,586.00 N/A 1,586.00
All other applications (includes concurrent consent & site plan requests) 3,070.00 N/A 3,070.00
More than two (2) submissions of a concept for review/preparation of a second
checklist
$1,586.00 for each
subsequent submission N/A $1,586.00 for each
subsequent submission
Zoning By-Law Amendment $ Fee*$ HST $ Total
High Rise Hotels (10 Storeys or more)20,729.00 N/A 20,729.00
Complex (review of 4 or more studies required for the application)19,149.00 N/A 19,149.00
Standard 14,371.00 N/A 14,371.00
Minor (PJR only)9,385.00 N/A 9,385.00
Request for a Minister's Zoning Order (MZO)/Review of Ministry Initiated MZO 13,257.00 N/A 13,257.00
Request to lift a Holding (H) Regulation 2,225.00 N/A 2,225.00
More than two (2) submissions of plans & studies for review $1,586.00 for each
subsequent submission N/A $1,586.00 for each
subsequent submission
Official Plan & Zoning By-Law Amendment (Combined)$ Fee*$ HST $ Total
High Rise Buildings (greater than 10 storeys) 35,887.00 N/A 35,887.00
Combined Major (4 or more full studies required for review of the application) 31,643.00 N/A 31,643.00
Combined Standard 26,339.00 N/A 26,339.00
More than 2 submissions of plans & studies for review $2,647.00 for each
subsequent submission N/A $2,647.00 for each
subsequent submission
Site Plan Amendment $ Fee*$ HST $ Total
High Rise Buildings (greater than 10 storeys)13,309.00 N/A 13,309.00
All Other Lands 10,127.00 N/A 10,127.00
Amendment to Site Plan Agreement 3,390.00 N/A 3,390.00
Site Plan Resubmission (after 2 submissions within 1 year of original application) $3,390.00 for each
subsequent submission N/A $3,390.00 for each
subsequent submission
Plan of Subdivision $ Fee*$ HST $ Total
Draft Plan (Base fee)19,008.00 N/A 19,008.00
Plus per dwelling unit fee 26.00 N/A 26.00
Modifications to Draft Plan Approval 6,138.00 N/A 6,138.00
Extension to Draft Plan Approval 3,236.00 N/A 3,236.00
More than two (2) submissions of plans & studies for review 9,013.00 N/A 9,013.00
Plan of Condominium $ Fee*$ HST $ Total
Vacant Land Condomiunium (VLC)14,944.00 N/A 14,944.00
Plus per dwelling unit fee 26.00 N/A 26.00
Conversion 12,731.00 N/A 12,731.00
Standard/Common Element 13,450.00 N/A 13,450.00
Extension of Draft Plan 2,741.00 N/A 2,741.00
Modification of Draft Plan - Vacant Land Condominium 4,271.00 N/A 4,271.00
Modification of Draft Plan - Standard/Conversion 4,271.00 N/A 4,271.00
Exemption to Condominium Draft Plan Approval 3,183.00 N/A 3,183.00
More than two (2) submissions of plans & studies for review $7,416.00 for each
subsequent submission N/A $7,416.00 for each
subsequent submission
Part Lot Control $ Fee*$ HST $ Total
Part lot control semi-detached/on-street townhouse units for the first lot/block 1,586.00 N/A 1,586.00
Part Lot Control - each additional lot/block 525.00 N/A 525.00
Part Lot Control - all other types for the first lot 2,225.00 N/A 2,225.00
Deeming by-law (no fee when combined with a zoning amendment)1,267.00 N/A 1,267.00
Public Notification $ Fee*$ HST $ Total
Mailing Re-notification 425.00 N/A 425.00
Reassessment requiring a further report 1,061.00 N/A 1,061.00
Newspaper re-notification ($600 deposit payable with application)Actual Cost N/A Actual Cost
Notes: Additional fees are required for Regional Planning review of most applications. Additional fees may be required for Niagara
Peninsula Conservation Authority and Regional Niagara Health Department review, where applicable.
Notes: Additional fees from the Legal Department are required for applications requiring agreements and registrations of some by-laws.
Planning, Building & Development
Municipal Works - Administration Fee - 3.75% and Inspection Fee-3.10% (on construction value)
Municipal Works - Administration Fee - 3.75% and Inspection Fee-3.10% (on construction value)
8
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Committee of Adjustment $ Fee $ HST $ Total
Consent Application 4,850.00 N/A 4,850.00
Each application consent application for the same lands 948.00 N/A 948.00
Consent Application to separate two existing units 3,811.00 N/A 3,811.00
Change of Conditions 795.00 N/A 795.00
Minor Variance 2,205.00 N/A 2,205.00
Re-notification/Rescheduling (consent/minor variance)425.00 N/A 425.00
Concurrent Consent/Minor Variance Application 4,955.00 N/A 4,955.00
Additional Fee for calling of a Special Meeting to address an application 580.00 N/A 580.00
Environmental Matters $ Fee $ HST $ Total
Major Environmental Impact Study Review (2 or more features) - includes TOR
and Draft review 2,750.00 N/A 2,750.00
Minor Environmental Impact Study Review (1 feature) - includes TOR and Draft
review 2,100.00 N/A 2,100.00
EIS Second Submission/Addendum 625.00 N/A 625.00
Review of Restoration Plan 848.00 N/A 848.00
Review of Tree Preservation Plan 565.00 N/A 565.00
Review of Monitoring Plan 848.00 N/A 848.00
Sign By-Law $ Fee $ HST $ Total
Sign by-law Variance (no fee when combined with a zoning amendment)2,431.00 N/A 2,431.00
Sign by-law Amendment (no fee when combined with a zoning confirmation
letter) 6,470.00 N/A 6,470.00
Sidewalk Cafes $ Fee $ HST $ Total
Application for Sidewalk Café - 3 year licence (as per Council October 1, 2024)200.00 N/A 200.00
Sidewalk Café Licensing Fee per annum (to a maximum of $2,500) $15.00/m² of
licensed area N/A $15.00/m² of
licensed area
Annual Sidewalk Café - Renewal fee 150.00 N/A 150.00
Compliance Letters $ Fee $ HST $ Total
Site Plan Compliance Letter (no fee when combined with a zoning confirmation
letter)240.00 N/A 240.00
Environmental Request Letter (no fee when combined with a zoning confirmation
letter)240.00 N/A 240.00
Zoning Confirmation Letter 240.00 N/A 240.00
Zoning Review for Building Permit 240.00 N/A 240.00
Compliance Letter (for real estate/legal transactions)240.00 N/A 240.00
Heritage Status Inquiry 240.00 N/A 240.00
Telecommunication Tower Review 1,370.00 N/A 1,370.00
Publications $ Fee $ HST $ Total
Official Plan 42.00 5.46 47.46
Zoning By-Law 79-200 (as amended) 42.00 5.46 47.46
Photocopying - 4 pages or more - black & white 0.28 0.04 0.32
Community Improvement Plans $ Fee $ HST $ Total
Printed copy of CIP 10.00 1.30 11.30
Planning, Building & Development
9
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Minimum Building Permit Charge 239.00
NEW BUILDINGS
Group A - Assembly Occupancies Permit Fee per m2
All Recreational Facilities, Schools, Daycare Facilities, Libraries, Places of
Worship, restaurants (finished), Theatres, Arenas Gymnasiums, Transit
Stations, Bus terminals, Indoor Pools, and all other Group A Buildings
29.59
Open Public Swimming Pool 2,121.80 Flat fee
Portable Classroom 970.72 Flat fee
Assembly Building Shell 23.67
Assembly Building Interior Finish 12.61
Group B - Institutional Occupancies Permit Fee per m2
Institutional, Hospital, Medical Care Facilities, Nursing Homes, and all other
Group B Buildings 29.59
Institutional Building Interior Finish 12.61
Group C - Residential Occupancies Permit Fee per m2
Single, Semi-Detached, Duplex Dwellings, Detached Accessory Dwelling
Units 18.04
Townhouses, Row Housing 18.04
Stacked Townhouses, Multiple Dwellings up to fourplex 18.04
Hotel, Apartment buildings - 6 stories or less 19.72
Hotel, Apartment buildings - 7 stories or more 18.04
Motels, Boarding, Lodging or rooming house 19.72
Interior renovation, Finished basement, Interior accessory dwelling units 10.61
Heated additions to a house 18.04
Unheated additions to a house 12.82
Accessory Building (garage or shed)7.43
Attached Garage/Carport to an existing house 17.13
Covered Deck/Porch 7.43
Uncovered Deck/Porch 239.00 Flat Fee
Mobile Homes 340.00 Flat Fee plus
Uncertified Mobile Home (foundation included)6.82
Mobile Home Foundation 1.96
Group D - Business & Personal Service Permit Fee per m2
Office, Medical Building, Financial Institution and all other Group D Buildings
Complete 29.59
Office, Medical Building, Financial Institution and all other Group D Buildings
Shell 23.67
Office, Medical Building, Financial Institution and all other Group D Buildings
Interior Finish 12.61
Group E - Mercantile Occupancies Permit Fee per m2
Retail Building Complete 29.59
Retail Building Shell 23.67
Retail Building Interior Finish 12.61
Restaurants Interior Finish (not greater than 30 persons)12.61
Planning, Building & Development
10
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Group F - Industrial Occupancies Permit Fee per m2
Industrial Buildings Complete 15.61
Industrial Buildings Shell 12.49
Industrial Buildings Interior Finish 9.38
Gas Bar Canopies 13.39
Car Washes 13.39
Parking Garage (underground, open air) 8.43
Farm Buildings 5.92
Green Houses non-residential 5.92
Site Services Plumbing Construction Outside of
Building Permit Fee
Sanitary and Storm Piping 239.00 Flat Fee
Sanitary and Storm Piping 37.00 per additional 15m
Manholes, catch basin 239.00 Flat Fee
Domestic Water Supply 106.00 first 15m
Domestic Water Supply 37.00 per additional 15m
Fire Services Main 106.00 first 15m
Fire Services Main 37.00 per additional 15m
Geothermal for Houses 265.00 Flat Fee
Geothermal Single for all other 265.00 Flat Fee
Planning, Building & Development
11
Page 402 of 434
Building Stand Alone Permits for Alterations, Renovations & Repair
Building Improvement Permit Fee
Demising Wall 239.00 Flat Fee
Building Envelope Replacement (Roofing, cladding, windows, waterproofing,
etc.)398.00 Flat Fee
Foundation Replacement 3.21 per sq. m
Roof Structure Replacement 398.00 Flat Fee
Concrete Restoration 398.00 Flat Fee
Plumbing Building Construction Permit Fee
Plumbing Systems Alterations 239.00 Flat Fee
Grease, Oil Interceptor 239.00 Flat Fee
Backflow valve, Backflow preventer, sump pumps 239.00 Flat Fee
Replacement of Domestic Water lines and risers 239.00 Flat Fee
Weeping Tile Replacement 239.00 Flat Fee
Plumbing Fixtures 239.00 Flat Fee
Fire Protection System & Life Safety Systems Permit Fee
Electromagnetic Lock/Electric Strikes 239.00 Flat Fee
Fire Alarm System 292.00 Flat Fee
Fire Alarm Annunciator Panel 292.00 Flat Fee
Life Safety Devices 292.00 Flat Fee
Sprinkler System 292.00 Flat Fee
Standpipe System 292.00 Flat Fee
Mechanical System Permit Fee
Commercial Cooking Exhaust System 292.00 Flat Fee
Heating, Ventilation, Air Conditioning Roof Top Units (per unit)292.00 Flat Fee
Heating, Ventilation, Air Conditioning Duct Work (per area)8.38 per sq. m
Furnace or Hot Water Tank Replacement Unit (per unit)239.00 Flat Fee
Boiler Replacement unit 239.00 Flat Fee
Spray Booth 292.00 Flat Fee
Miscellaneous Works Permit Fee
Stages 318.00 Flat Fee
Fire Place or Wood Stove 239.00 Flat Fee
For categories not listed $15 per $1,000 of valuated
construction cost or portion thereof
Shoring 30.77 per linear metre
Under Pinning 30.77 per linear metre
Storage Rack as per 3.16 318.00 Flat Fee
Roof Anchors 318.00 Flat Fee
Re-Roofing of Buildings other than houses 398.00 Flat Fee
Tiny Homes 12.82 per Sq. m
Site Grading for Residential developments that are 10 units or less 318.00 Flat Fee
Certified Model Homes Service 318.00 Flat Fee
Trailer (construction site trailer, sea container)239.00 Flat Fee
Designated Structures Permit Fee
Communication Tower 318.00 Flat Fee
Retaining Wall 318.00 Flat Fee
Silo 318.00 Flat Fee
Pedestrian Bridge/Walkway 318.00 Flat Fee
Planning, Building & Development
12
Page 403 of 434
Outdoor Public Spa 504.00 Flat Fee
Outdoor Public Swimming Pool 504.00 Flat Fee
Satellite Dish 318.00 Flat Fee
Designated Structures cont'd Permit Fee
Air Supported Structure, Tent, Temporary Fabric Structure 318.00 Flat Fee
Roof Sign with Face over 10m2 318.00 Flat Fee
Pylon Sign over 7.5m in height 318.00 Flat Fee
Projection Sign over 115kg in weight 318.00 Flat Fee
Solar Panels 371.00 Flat Fee
Crane Runway 318.00 Flat Fee
Exterior Storage Tank 318.00 Flat Fee
Wind Turbine Generator having a rated output more than 3kW 371.00 Flat Fee
Conditional Permits Permit Fee
Conditional Permit Agreement 530.00 Flat Fee
Conditional permit Security Deposit (% of construction cost of phase being
built)10%
Condition Permit Stages:
Site Servicing (% of construction cost of phase being built)100%
Substructure (% of construction cost of phase being built)15%
Superstructure (% of construction cost of phase being built)55%
Building Envelope (% of construction cost of phase being built)80%
Building Interior (% of construction cost of phase being built)100%
13
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Demolition
Residential - Single, Semi-detached, Duplex Dwellings,
Townhouses, Row Housing
Accessory Structure
All other buildings-with gross floor area equal to or less than 600 m2
All other buildings-with gross floor area greater than 600 m2
Administration Fee
Occupancy of an unfinished building (apartment residential & mult-
storey commercial per floor or unit charge)
Occupancy of an unfinished building for all other (per floor or unit
charge)
Fast Track Permit - please refer to Phase 1 Fast Track program
details
Limiting Distance Agreement
Alternative Solution (minimum 4 hours)
Suspended or Cancel Permit
Change of Use of Permit with no construction
Compliance Letters (from Building Services regarding building permit
information)
Transfer of Permit Ownership
Additional Plan Review
Not-ready inspection
Contruction without a Permit
After hour Inspection
Permission to defer Permit Revocation
Amendment to Permit Administration
Pre-Application Review
Amendment to a Conditional Permit Agreement
Partial Permit
Permit Application Extension
911 Rural Address Sign
NSF Cheque Service Charge (per property)
Administration Fee for unpaid building permit fees transferred to
property taxes
Zoning Review for Building Permit
Administration Fee for missed payment of Development Charges
payable by installments as per Section 26.1 of the Development
Charges Act
Administration Fees (with HST applicable)Fee HST Total
Liquor Licence Clearance Letter
*Note: Fire Services portion is also payable. Please refer to Fire
Services Department fee section for the applicable charge.
238.70 31.03 269.73
Building File Search (per hour/property)
*subject to Freedom of Information and Protection of Privacy Act 36.05 4.69 40.74
Photocopies (per page) - letter size 0.69 0.09 0.78
Photocopies (per page) - legal size 0.92 0.12 1.04
Photocopies (per page) - ledger size 1.36 0.18 1.54
Copies of Large Plans (per plan) - black & white 4.56 0.57 5.13
Copies of Large Plans (per plan) - colour 9.12 1.19 10.31
Planning, Building & Development
550.00 Flat Fee
133.00 per hour
239.00 Flat Fee
133.00 per hour
2x Permit Fee
159.00 per hour
239.00 Flat Fee
239.00 Flat Fee
239.00 Flat Fee
239.00 Flat Fee
133.00 per hour
133.00 Flat fee
239.00 Flat Fee
210.00 Flat Fee
See Conditional Permit
Permit Fee
159.00 Flat Fee
0.40 per sq. m.
0.40 per sq. m.
Fee
240.00 Flat Fee
36.00 Flat Fee
26.00 Flat Fee
133.00 per hour
239.00 Flat Fee
239.00 Flat Fee
239.00 Flat Fee
1,061.00 Flat Fee
133.00 per hour
239.00 Flat Fee
14
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Sign Permits under Sign By-law
Signs - under 10 m2
Signs - 10 m2 or more
Pool Permit under Pool By-law Deposit
Seasonal -
Above Ground 500.00
In Ground 750.00
Deposits
Single permit: detached dwelling, semi-detached dwelling, duplex,
triplex, fourplex, townhouse (per dwelling)
Addition(s) to buildings described above where excavation is required
Demolition Project
Miscellaneous construction accessory to the buildings described
above with a construction value greater that $3,500.00
Construction projects other than those described above involving
buildings or additions where a site plan IS required
Construction projects other than those described above involving
buildings or additions where a site plan IS NOTrequired
Conditional Building Permit Deposit (minimum $5,000.00)
Move a Building
Lot Grading
Any type of dwelling in a plan of subdivision that has NOT already
been assumed by the City
Any type of dwelling proposed to be placed on an infill lot
Refunds
Where only administrative functions have been completed (application
received, cost analysis and application is entered into a Building
Services DatabaseWhere only administrative and zoning functions have been completed
Where only administrative and zoning & plans examination functions
have been completed
Where the permit has been issued and field inspections have yet to
be performed, subsequent to permit issuance
Other Applicable Fees
Item $ Fee $ HST $ Total
Water Meter 5/8" Positive Displacement Complete
Water Meter 5/8" x 3/4 Positive Displacement Complete
Water Meter 3/4" Positive Displacement Complete
Water Meter 1" Positive Displacement Complete
Water Meter 1.5" Positive Displacement Complete
Please see fees on page 20 (New
Install Meter costs)
Planning, Building & Development
1,500.00 per dwelling
500.00
1,250.00
2,500.00
232.00 Flat Fee
Permit Fee
Value
1,000.00 per dwelling
750.00
Permit Fee
232.00 Flat Fee
361.00 Flat Fee
Note: Refer to Designated Structures Fee Section for signs designated under the Ontario Building Code
77.00 Flat Fee
232.00 Flat Fee
50%
Stage of Permit
NOTE: Where the calculated refund is less than the minimum permit fee appllication to the work,
no refund shall be made of the fees paid. Where a request for refund is made twelve (12) months or
more after the issuance of the permit, there shall be no fees refunded
% of Fees Paid
90%
80%
60%
10% of construction value
(minimum of $5,000)
Value
1,000.00 per dwelling
750.00
1,000.00
15
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Municipal Enforcement Services Fee HST Total
Sign Removal Administration Fee 77.25 N/A 77.25
Litter By-law Administration Fee 309.00 N/A 309.00
Fence Variance 309.00 N/A 309.00
Dangerous Dog/Muzzle Order Appeal 309.00 N/A 309.00
Municipal Enforcement Services - Property Standards Fee HST Total
Ceriticate of Compliance 257.50 N/A 257.50
Discharge of an Order registered on title 618.00 N/A 618.00
File of Notice of Appeal 515.00 N/A 515.00
Vacant Building Registration Fee 1,000.00 N/A #######
Vacant Building Administration Fee (one time)350.00 N/A 350.00
Vacant Building Registry Change of Ownership fee 100.00 N/A 100.00
Enforcement Fee (ongoing non-compliance)300.00 N/A 300.00
Planning, Building & Development - Municipal Enforcement
16
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https://niagarafalls.ca/city-hall/building/development-charges.aspx
Please see DC by-laws 2024-053, 2024-054, 2024-056
Schedule of Development Charges effective July 8, 2024
Planning, Building & Development
17
Page 408 of 434
Permits $ Fee $ HST $ Total
Commercial Vehicle (loading permit annually) - first such vehicle 82.50 10.73 93.23
Commercial Vehicle (loading permit annually) - second such vehicle-
under the same registered owner as first permit 27.50 3.58 31.08
Commercial Vehicle (loading permit annually) - each additional such
motor vehicle under the same registered owner as the 1st and 2nd
permits
16.50 2.15 18.65
Oversize/overweight load permit - single trip 82.50 10.73 93.23
Oversize/overweight load permit - annually 220.00 28.60 248.60
On-street overnight parking permit - annually 110.62 14.38 125.00
Newspaper box permit - annually 33.00 N/A 33.00
Parking meter bagging (per meter per day) - standard daily route for
bagged 11.00 1.43 12.43
Residential on-street permit/replacement cost 16.50 2.15 18.65
Residential Convenience pass 35.00 4.55 39.55
Parking Lots - Municipal Parking $ Fee $ HST $ Total
Lot 2 - per month 40.04 5.21 45.25
Lot 2 - per hour 1.11 0.14 1.25
Lot 3 - per month 40.04 5.21 45.25
Lot 3 - per hour 1.11 0.14 1.25
Lot 4 - per hour 2.65 0.35 3.00
Lot 4 - per 8 hours 10.62 1.38 12.00
Lot 5 - per hour 2.65 0.35 3.00
Lot 5 - per 8 hours 10.62 1.38 12.00
Lot 7 - per month 40.04 5.21 45.25
Lot 8 - per month 40.04 5.21 45.25
Lot 9 - per month 40.04 5.21 45.25
Lot 9 - per hour 1.11 0.14 1.25
Lot 12 - per month 40.04 5.21 45.25
Lot 12 - per hour 1.11 0.14 1.25
Lot 13 - per month 25.00 3.25 28.25
Lot 13 - per hour 1.11 0.14 1.25
Lot 14 - per month 25.00 3.25 28.25
Lot 14 - per hour 1.11 0.14 1.25
Lot 15 - per month 40.04 5.21 45.25
Lot 16 - per hour 4.43 0.57 5.00
Lot 16 - per month 34.96 4.54 39.50
Lot 17 - per month 40.04 5.21 45.25
Lot 18 - per hour 2.65 0.35 3.00
Lot 18 - per 8 hours 10.62 1.38 12.00
Lot 18 - per month 50.00 6.50 56.50
Lot 19 - per month 40.04 5.21 45.25
Lot 19 - per hour 1.11 0.14 1.25
Lot 20 - per hour 2.65 0.35 3.00
Lot 20 - per 8 hours 10.62 1.38 12.00
On-street rate - commercial/business 1.77 0.23 2.00
On-street rate - hospital 1.77 0.23 2.00
On-street rate - tourist 3.10 0.40 3.50
Parking Lot Replacement Cost: 1-15 days
Parking Lot Replacement Cost: 16-31 days
*Note: Municipal Parking is regulated with a dynamic rates bylaw that can fluctuate to meet the needs and
demands and events of the area and may not reflect the rates listed in this schedule.
Planning, Building & Development - Parking
Full cost of lot
Half cost of lot
18
Page 409 of 434
Private Sewer Lateral Cleaning $ Fee $ HST $ Total
Monday to Sunday (exclusive of observed holidays) between 8:00am and
7:00 pm 204.67 N/A 204.67
Monday to Sunday (exclusive of observed holidays) between 7:00 pm and
8:00 am 450.21 N/A 450.21
Observed Holiday 542.40 N/A 542.40
"No action", cancellation or false alarm (exclusvie of observed holidays)
between 8:00 am and 7:00 pm 85.00 N/A 85.00
"No action", cancellation or false alarm (exclusvie of observed holidays)
between 7:00 pm and 8:00 am 95.00 N/A 95.00
Video inspection of a private sewer service (only during times as per line 1
above) free once annually. All other requests will be charged as per lines 1
and 2 above
one free
annually N/A one free
annually
Copy of DVD of video 9.09 1.18 10.27
High pressure flushing of sewer lateral from maintenance hole/property line at
City's direction or requirement
New Install Meter Costs $ Fee $ HST $ Total
5/8" Positive Displacement Complete 640.24 83.23 723.47
5/8" Positive Displacement Meter Only 329.20 42.80 372.00
5/8" x 3/4" Positive Displacement Complete 640.24 83.23 723.47
5/8" x 3/4" Positive Displacement Meter Only 329.20 42.80 372.00
3/4" Positive Displacement Complete 710.92 92.42 803.34
3/4" Positive Displacement Meter Only 390.08 50.71 440.79
1" Positive Displacement Complete 859.82 111.78 971.60
1" Positive Displacement Meter Only 534.08 69.43 603.51
1.5" Positive Displacement Complete 1,440.22 187.23 1,627.45
1.5" Positive Displacement Meter Only 936.68 121.77 1,058.45
NEW: 2" MACH 10 Ultrasonic Meter 1,761.72 229.02 1,990.74
NEW: 3" MACH 10 Ultrasonic Meter 4,746.77 617.08 5,363.85
NEW: 4" MACH 10 Ultrasonic Meter 6,069.48 789.03 6,858.51
NEW: 6" MACH 10 Ultrasonic Meter 9,242.77 1,201.56 10,444.33
NEW: 8" MACH 10 Ultrasonic Meter 13,203.77 1,716.49 14,920.26
NEW: 10" MACH 10 Ultrasonic Meter 16,370.69 2,128.19 18,498.88
NEW: 12" MACH 10 Ultrasonic Meter 19,542.29 2,540.50 22,082.79
6 x 8" compound
4" to 10" protectus
R900 Wall Mount Transmitter 391.68 50.92 442.60
R900 Pit Mount Transmitter 480.61 62.48 543.09
R900 RF Pit Mount Antenna 204.38 26.57 230.95
Wire Replacement 100.00 13.00 113.00
Fail to be ready for pre-scheduled meter repair by City staff
Water $ Fee $ HST $ Total
Bulk Water Rate (per cubic meter) 2.30 N/A 2.30
Bulk Water Distribution System - purchase card 15.00 N/A 15.00
Installation of Water Service - any size
City supervised tapping fees: 3/4"-5/8" up to & including 2" service 144.46 N/A 144.46
City supervised tapping fees: 4" and up 488.25 N/A 488.25
Fail to be ready for appointment 85.00 N/A 85.00
Charge for application to change meter size 150.00 N/A 150.00
City supervised tapping fees: afterhours: fee per size (above) + applicable overtime at cost
Municipal Works
At cost
Actual Costs
Actual Cost
Actual Cost
Actual Cost
Note:All work is invoiced to requester after work is complete. Payment can be made by cash, cheque or
credit online
19
Page 410 of 434
Water, Cont'd
Water $ Fee $ HST $ Total
Exercise & Operate Curb Stop or Property Valve 81.46 N/A 81.46
3rd Party Meter Testing/Verification (up to 1") 265.46 N/A 265.46
Water Meter Tampering Fee (plus new install meter cost & estimated water
theft)500.00 N/A 500.00
Water Meter Inspection 50.00 N/A 50.00
Hydrant Flushing/Testing: per hydrant 81.46 N/A 81.46
Sanitary Sewer Diversion Rebate Application 150.00 N/A 150.00
Arrears Disconnection or Connection Fee 100.00 N/A 100.00
Shutting off or turning on water supplyduring normal working hours 92.87 N/A 92.87
Shutting off or turning on water supply outside normal working hours 219.55 N/A 219.55
Miscellaneous - Water/Wastewater $ Fee $ HST $ Total
Water & Wastewater backflow and meter rental fee 150.00 N/A 150.00
Charge after 14 days and every additional 14 days thereafter 150.00 N/A 150.00
Administrative - Invoicing 50.00 N/A 50.00
Notes:
Charge for meters found on By-pass:
a) By-pass opened with the consent of the City will be charged using the average estimated daily consumption
based on annual consumption x number of days on by-pass
b) By-pass opened or meter removed, tampered or illegal will be charged (a) x 3 penalty rate.
c) If no previous consumption is recorded, a similarly sized meter/similar use will be used at the Engineer's
discretion to calculate average daily consumption and charge at (b) rate.
Water Meter Tampering is a $500.00 fee, plus the cost of the water meter replacement and the estimated
consumption loss.
For the purpose of this by-law, normal working hours shall mean Monday to Friday (exclusive of observed holidays)
between 7:00 am and 2:00 pm.
Municipal Works
Meter loaned with Back Flow Preventor for approved hydrant consumption: Damage to meter or backflow preventor
cost.
20
Page 411 of 434
Subdivision & Vacant Land Condominium and
Deposits $ Fee $ HST $ Total
Administration Fee (on construction value) 3.75%N/A Varies
Inspection Fee (on construction value) 3.10%N/A Varies
Pre-Servicing Agreement Fee 500.00 N/A 500.00
Street Lighting Inspection Fee (ea. Lights, 3rd Party Inspection) 160.00 N/A 160.00
Boulevard Street Tree Fee (ea) 600.00 N/A 600.00
Cash in-lieu of Survey Monumentation (see below)
Vertical Monumentation
< 10 Ha 600.00 N/A Varies
10 Ha to 20 Ha 1,200.00 N/A Varies
Each Additional Ha 600.00 N/A Varies
Horizontal Monumentation
< 5 Ha 400.00 N/A Varies
5 Ha to 10 Ha 800.00 N/A Varies
Each Additional Ha 400.00 N/A Varies
Lot Grading Deposit (ea. Lot/Unit - Max $50,000.00) 1,000.00 N/A Varies
As Constructed Plan Deposit (ea. Lot/Unit - Max $20,000.00) 1,000.00 N/A Varies
Administrative $ Fee $ HST $ Total
Full Size Prints - Black & White 4.42 0.57 4.99
Full Size Prints - Colour 8.85 1.15 10.00
Photocopies (per page): Letter (colour) 0.50 0.07 0.57
Photocopies (per page): Legal (colour) 0.75 0.10 0.85
Photocopies (per page): Ledger (colour) 1.00 0.13 1.13
Photocopies (per page): Letter (black & white) 0.30 0.04 0.34
Photocopies (per page): Legal (black & white) 0.40 0.05 0.45
Photocopies (per page): Ledger(black & white) 0.50 0.07 0.57
Letters of Compliance 200.00 26.00 226.00
Road Occupancy Permit $ Fee $ HST $ Total
Application - Road Only (plus applicable security deposit) - includes
administration and inspection 350.00 N/A 350.00
Application - Water (plus applicable security deposit) - includes
administration and inspection 600.00 N/A 600.00
Application - Sewer (plus applicable security deposit) - includes
administration and inspection 600.00 N/A 600.00
Application - Sewer & Water (plus applicable security deposit) - includes
administration and inspection 950.00 N/A 950.00
Detailed Traffic Control Plan and/or Detour Route Plan Review 150.00 N/A 150.00
Additional Inspection Fee (on construction value)3.10% N/A Varies
Site Alteration Permit $ Fee $ HST $ Total
Application (plus applicable security deposit) 200.00 N/A 200.00
Municipal Works
21
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Forestry - City Tree Removal Request $ Fee $ HST $ Total
City tree removal application fee *removal request only, no guarantee
of approval 125.00 N/A 125.00
City tree removal (plus $1,200 contribution to 2:1 replanting elsewhere)
Curb & Sidewalk Alterations $ Fee $ HST $ Total
Curb Cut per meter (minimum cut fee $200.00) 97.23 12.64 109.87
Sidewalk Repair per square meter 220.47
28.66 249.13
Curb Repair per linear meter (minimum repair fee $200.00) 210.09 27.31 237.40
Sanitary, Storm or Water Model - Assessments $ Fee $ HST $ Total
Small scale development and simple modeling 1,925.00 250.25 2,175.25
Mid-scale development and medium complexity modeling 3,500.00 455.00 3,955.00
Large scale development and high complexity modeling 7,000.00 910.00 7,910.00
Special modeling services
Parkland $ Fee $ HST $ Total
Parkland Gate Installation Application 1,000.00 N/A 1,000.00
Parkland Access Permit (plus applicable security deposit) 250.00 N/A 250.00
Municipal Works
Case by case pricing
At cost
*Notes: The request for removal of a City tree is reviewed on a case-by-case basis and further requires a submission of a formal application. In effort to
reserve our current tree canopy, all requests will be reviewed directly by the Forestry Supervisor. Trees approved for removal for reasons other than tree
health shall be accompanied by a contribution to 2:1 replanting as per Forestry Policy 314.01.
22
Page 413 of 434
Traffic/Engineering Information $ Fee $ HST $ Total
8 hour intersection traffic count - per location 315.00 40.95 355.95
24 hour automatic traffic recorder (ATR) - per location 135.00 17.55 152.55
24 hour speed study (ATR) - per location 250.00 32.50 282.50
4 day automatic traffic recorder (ATR), speed/volume/class - per location 400.00 52.00 452.00
7 day automatic traffic recorder (ATR), speed/volume/class - per location 700.00 91.00 791.00
Disabled Parking Sign 40.00 5.20 45.20
Disabled Parking tab - ($300 fine) 20.00 2.60 22.60
Six foot telespar post & base 60.00 7.80 67.80
Ten foot telespar post and base 70.00 9.10 79.10
"Slow down" lawn sign and base 25.00 3.25 28.25
24 hour automatic traffic recorder (ATR) - season - approx. 150 locations 1,500.00 195.00 1,695.00
Permits $ Fee $HST $Total
Special Event Application (small) 200.00 26.00 226.00
Special Event Application (medium) 500.00 65.00 565.00
Special Event Application (large) 750.00 97.50 847.50
Oversize/overweight load permit - single trip 100.00 13.00 113.00
Oversize/overweight load permit - annually 300.00 39.00 339.00
Municipal Works - Traffic
23
Page 414 of 434
Inspection/ Fire Prevention Services $ Fee $ HST $ Total
Private Home Day Care, Respite Homes 175.00 22.75 197.75
Licensed Day Care 250.00 32.50 282.50
Boarding Room & Lodging & Bed & Breakfast 225.00 29.25 254.25
Residential: 1-3 units (includes single family dwelling, duplex and triplex) 250.00 32.50 282.50
Multi-Units: Apartments 1-4 units 350.00 45.50 395.50
Multi-Units: over 4 units, rate per unit 75.00 9.75 84.75
Hotels/Motels: 1-10 units 450.00 58.50 508.50
Hotels/Motels: over 10 units, rate per unit 75.00 9.75 84.75
General Inspections during regular hours/hour 61.04 7.94 68.98
After hours Inspection/Plans Review (minimum 4 hours) per hour 125.00 16.25 141.25
Commericial & Industrial less than 1,000 square meters 250.00 32.50 282.50
For each additional 1,000 square meters 75.00 9.75 84.75
Re-inspection fee for outstanding violations for the second and each
subsquent re-inspection 100.00 13.00 113.00
Care/vunerable Occupancies 100.00 13.00 113.00
Municipal Licensing Re-inspection 61.04 7.94 68.98
Unsafe Building Order Compliance Inspection 350.00 45.50 395.50
FPO Response & Remediation of Hazard Fee/hr 61.04 7.94 68.98
Preconstruction consultation 61.04 7.94 68.98
Note: Requested inspection, outside of regular business hours, on weekends or holidays, is $150.00 per hour,
with a minimum fee of $300.00
Approvals/Permits $ Fee $ HST $ Total
General File Search 100.00 13.00 113.00
Occupant Load Signs 61.04 7.94 68.98
Reproduce Existing Documents 60.00 7.80 67.80
Fire Safety Plan Review & Approval - per submission 61.04 7.94 68.98
ULC Integrated Life Safety System Test Approval 61.04 7.94 68.98
3D Rendering of Buildings or Fire Scene 350.00 45.50 395.50
Hose Removal Approval and Inspection (per hose cabinet fee of $15/hose +
HST)250.00 32.50 282.50
Letters & Produce Incident Reports to Insurance 105.00 13.65 118.65
Liquor Licence Approval Letter 160.00 20.80 180.80
Special Events (approval letter) 70.00 9.10 79.10
Fireworks/Pyrotechnics (approval letter) 70.00 N/A 70.00
Fireworks Vendor Permit 70.00 N/A 70.00
Designation of Fire Access Routes 150.00 N/A 150.00
Fire Code Alternative Solution Review 500.00 65.00 565.00
Products $ Fee $ HST $ Total
Security Key Boxes 231.00 30.03 261.03
Fire route signs 35.00 4.55 39.55
Lock for fire safety plan box 20.00 2.60 22.60
Providing & installing carbon monoxide alarm installation 35.40 4.60 40.00
Providing & installing combination smoke/carbon monoxide alarm 35.40 4.60 40.00
Providing & installing a listed smoke alarm 15.00 1.95 16.95
Fire
24
Page 415 of 434
Miscellaneous $ Fee $ HST $ Total
Plan examinations, per $1 of permit value 0.10 N/A 0.10
Zoning amendments, per $1 of application fee 0.10 N/A 0.10
Site plan review, per $1 of application fee 0.10 N/A 0.10
Committee of Adjustments, per $1 of application fee 0.10 N/A 0.10
Subdivision Plans, per $1 of application fee 0.10 N/A 0.10
Fee to expedite services 50% if current applicable service fee
in addition to regular fee
25
Page 416 of 434
Training/Public Education Services $ Fee $ HST $ Total
Fire Safety Training - Business (minimum of 4 hours) per hour 61.04 7.94 68.98
Fire Safety Training - non-profit group
Supervision of Fire Drills - Business - per Fire employee (minimum 1 hour)61.04 7.94 68.98
Supervision of Fire Drills - non-profit group
Fire Extinguisher Training Base Price 250.00 32.50 282.50
Fire Extinguisher Training per person 10.00 1.30 11.30
Fire Ground Training Use:
Tower with live burn props - 8 hours (after 8 - hours will be prorated)2,042.40 265.51 2,307.91
Tower with live burn props - 4 hours (after 4 - hours and less than 8-
hours will be prorated)1,185.20 154.08 1,339.28
Training Ground with no burn props - 8 hours 500.00 65.00 565.00
Training Ground with no burn props - 4 hours 250.00 32.50 282.50
Auto Extrication - per vehicle 250.00 32.50 282.50
Apparatus required/day
Fire Safety Training/Public Education Services $ Fee $ HST $ Total
Title searches
Corporate profiles
Cost of Prosecution Services
Fire investigation - contracted services cost recovery
Fire suppression - contracted services cost recovery
Fire inspection support (fire alarm/sprinkler, etc)
Cost to secure vacant building
Fire Protection Services $ Fee $ HST $ Total
Failure to comply with an Ontario regulation causing an Emergency
Reponse O. Reg.201/01
Fire Department vehicle per hour or part thereof
Non-resident motor vehicle response - per apparatus for 1st hour or part
thereof
Non-resident motor vehicle response - per apparatus for each additional half
hour or part thereofResponse for open air burning - per apparatus for the 1st hour or part
thereofResponse for open air burning - per apparatus for each additional half hour
or part thereof.
Response & remediation - grow operations/drug lab
Response for rescue as result of trespass/stunting/misadventure
Response for malicious complaint/false reporting
Response for fireworks complaint in contravention of by-law
Vacant building response - per apparatus for the 1st hour or part thereof
After hours services (per person/per hour) 91.56 11.90 103.46
Delayed response from Property Keyholder
Risk Safety Management Plan (RSMP) Review - Propane $ Fee $ HST $ Total
Existing facility - 5,000 USWG or less 250.00 32.50 282.50
New/modified facility - 5,000 USWG or less 500.00 65.00 565.00
Existing facility - more than 5,000 USWG 1,250.00 162.50 1,412.50
New/modified facility - more than 5,000 USWG 2,500.00 325.00 2,825.00
Preventable False Alarms $ Fee $ HST $ Total
First two alarms, written warning
Subsequent Alarms
**MTO rate is an established fee used by Fire Departments to cost recover
**current MTO Rate
Fire
no charge
no charge
as billed to the department
as billed to the department
**current MTO Rate
as billed to the department
as billed to the department
as billed to the department
No charge
**current MTO Rate
**current MTO Rate
as billed to the department
as billed to the department
**current MTO Rate
**current MTO Rate
**current MTO Rate
**current MTO Rate
**current MTO Rate
**current MTO Rate
**current MTO Rate
**current MTO Rate
**current MTO Rate
**current MTO Rate
26
Page 417 of 434
Interment Rights (Lot Sales)Total Fee HST Total Charge
Adult Single Lot 2,732.58 355.24 3,087.82
Child/Infant Single Lot - size 4'x5' 1,287.86 167.42 1,455.28
Child/Infant Single Lot - with granite memorial/keepsakes storage 3,713.15 482.71 4,195.86
Cremation Lot - Single lot 571.18 74.25 645.43
Cremation Plot - Four lots 1,896.75 246.58 2,143.33
One Time Care & Maintenance Fee 309.00 40.17 349.17
Interment Rights (Niche Sales)Total Fee HST Total Charge
Niche Level A & B
Single Niche Stamford Green only 871.92 113.35 985.27
Double Niche 2,019.16 262.49 2,281.65
Triple Niche Stamford Green only 2,891.07 375.84 3,266.91
Niche Level C - G
Single Niche Stamford Green only 1,101.36 143.18 1,244.54
Double Niche 2,294.49 298.28 2,592.77
Triple Niche Stamford Green only 3,395.85 441.46 3,837.31
Interment Rights (Niche Sales-Estate)Total Fee HST Total Charge
Two Niche Unit (4 Urn Limit) 5,171.89 672.35 5,844.24
Four Niche Unit (8 Urn Limit) 10,343.78 1,344.69 11,688.47
Interment & Inurnment Service Fees Total Fee HST Total Charge
Adult Casket Burial 1,760.37 228.85 1,989.22
Adult Double Depth Casket Burial 2,434.77 316.52 2,751.29
Child/Infant Casket Burial 829.66 107.86 937.52
Cremains Urn Burial 556.99 72.41 629.40
Oversized Urn Burial (Companion & Urn Vaults) 835.52 108.62 944.14
Cremains - SCATTERING - REMEMBRANCE GARDENS 284.35 36.97 321.32
Cremains - SCATTERING - OTHER 142.17 18.48 160.65
*Care & Maintenance - Scattering 30.00 3.90 33.90
Interment Cancellation - Casket (if not already open) 417.22 54.24 471.46
Interment Cancellation - Urn (if lot/niche already open) 208.62 27.12 235.74
Interment Services (Niche Inurnments)Total Fee HST Total Charge
Single Inurnment 438.69 57.03 495.72
Double Cremain Inurnment* 94.94 12.34 107.28
Dis-Inter Niche Urn 208.62 27.12 235.74
*Adminstration fee for the additional cremated remain inurnment/interment if taking place at the same time.
Cemetery Fees
27
Page 418 of 434
Dis-Interment Services Total Fee HST Total Charge
Adult Casket Dis-interment only* 2,980.15 387.42 3,367.57
Adult Casket Dis-interment & Re-interment 5,096.90 662.60 5,759.50
Cremain Urn Dis-interment Only* 838.80 109.04 947.84
Cremain Urn Dis-interment & Re-Interment 1,420.96 184.72 1,605.68
Infant Casket Dis-interment Only* 1,145.41 148.90 1,294.31
Infant Casket Dis-interment & Re-interment 2,025.60 263.33 2,288.93
*remains are removed from Municipal Cemetery
Interment Surcharges Total Fee HST Total Charge
Late Arrivals - after 3:00 pm Mon-Sat, Sun & Holidays (each 1/2 hour) 131.87 17.14 149.01
Sunday & Holiday Casket Burial - scheduled between 11:00 am & 2:00 pm 1,002.17 130.28 1,132.45
Sunday & Holiday Cremains Burial - scheduled between 11:00 am & 2:00 pm 501.10 65.14 566.24
Tent Rental (All Interment Services)149.16 19.39 168.55
Less than 8 working hours casket burial order 316.49 41.14 357.63
Less than 8 working hours cremains burial order 158.24 20.57 178.81
Administration Services Total Fee HST Total Charge
Cemetery Administrative fee 94.94 12.34 107.28
Interment Rights Replacement/Duplicate 47.46 6.17 53.63
Cremains Urn Burial - double (admin fee) *companion urn* 94.94 12.34 107.28
Cemetery Records Search (charge per hour) 47.46 6.17 53.63
Cemetery Fees
Dis-Interment & Administrative Service Fees
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Niche & Memorial Products Total Fee HST Total Charge
Bronze Wreath (Maplegrove) 1,034.24 134.45 1,168.69
Glass - Single Niche - Stamford Green 103.42 13.44 116.86
Glass - Double Niche - Stamford Green 206.84 26.89 233.73
Glass - Triple Niche - Stamford Green 257.80 33.51 291.31
Bronze Name Plate - Remembrance Garden/Memorial Woods 360.50 46.87 407.37
Bronze Plate - Single Niche - Stamford Green 775.67 100.84 876.51
Bronze Plate - Double Niche - Stamford Green 1,551.36 201.68 1,753.04
Bronze Plate - Triple Niche - Stamford Green 2,327.03 302.51 2,629.54
Granite Plate Etching Service 750.00 97.50 847.50
Cremation Keep Sakes - Pendant 110.33 14.34 124.67
Cremation Keep Sakes - Pendant with Fingerprint 168.68 21.93 190.61
Key FOB (extra) Stamford Green 20.67 2.69 23.36
Cemetery & Park Memorial Program Total Fee HST Total Charge
Brushed Metal Memorial Tag 3x5 - added to bench or tree 50.00 N/A 50.00
Brushed Metal Memorial Tag 4x6 - added to bench or tree 75.00 N/A 75.00
Aluminum Memorial Plaque 4x6 - added to bench or tree 175.00 N/A 175.00
Aluminum Memorial Plaque 6x8 - added to bench or tree 250.00 N/A 250.00
Aluminum Memorial Plaque 8x10 - added to bench or tree 325.00 N/A 325.00
Aluminum Memorial Plaque 8x10 - with metal stand installed beside bench 650.00 N/A 650.00
Bronze Memorial Plaque 8x10 - with metal stand installed beside bench 850.00 N/A 850.00
Bronze Butterfly 379.04 N/A 379.04
Memorial Tree 810.00 N/A 810.00
Memorial Bench 2,864.43 N/A 2,864.43
Life's QR - Heart Plaque 225.00 29.25 254.25
Life's QR - 2x2 Plaque 250.00 32.50 282.50
Life's QR - 4x4 Plaque 275.00 35.75 310.75
Life's QR - 4x4 Tree Stake 300.00 39.00 339.00
Foundation /Marker/Installation Services Total Fee HST Total Charge
Foundation Installation - up to 36" 870.27 113.14 983.41
Foundation Installation - 36" to 48" 1,002.04 130.27 1,132.31
Foundation Installation - 49" to 60" 1,334.65 173.50 1,508.15
Foundation Installation - 61" to 72" 1,466.71 190.67 1,657.38
Foundation Installation - 73" to 90" 1,660.35 215.85 1,876.20
Veteran Upright Marker Setting 587.39 76.36 663.75
Small Flat Marker Setting under 172 square inches 212.79 27.66 240.45
Large Flat Marker Setting over 172 square inches 372.82 48.47 421.29
Corner Markers Setting (per set of 4) 212.79 27.66 240.45
Foundation Removal 500.00 65.00 565.00
Cemetery Cremation Vault 664.35 86.37 750.72
Cemetery Traditional Vault 1,539.85 200.18 1,740.03
Prescribed Marker Care & Maintenance Fee Total Fee HST Total Charge
Flat Marker Over 172 square inches 100.00 13.00 113.00
Prescribed Provincial Licensing Fee Total Fee HST Total Charge
Provincial Licensing Fee 30.00 3.90 33.90
Cemetery Fees
Memorial Products & Services
Foundation Fees
CUSTOM - Memorial Bench with Memorial Plate Installed on Back of Bench (please contact Cemetery office)
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3) Sunday & statutory holiday interment services may be scheduled between 11:00 am & 2:00 pm. An interment
surcharge will apply.
4) A "scheduled" funeral late arrival & other interment surcharges will apply as indicated in the Cemetery Fee
Schedule - "Interment Surcharges"
5) Funeral late arrivals (arriving after the scheduled time) will be subject to an additional fee.
6) Funeral Directors are responsible for advising families, in advance, of potential late charges & applicable
surcharges.
7) Dis-interments may be scheduled from May 1st to November 1st only and at the discretion of the Cemetery
Manager or designate.
8) The Funeral Director is responsible for scheduling & all related costs for disinterments including:
casket/urn/vault/removal
vault/urn unsealing & resealing
Niagara Regional Health Unit Approval and Attendance
9) One time care & maintenance fee is charged per interment (fully body or cremation) that takes place in a lot
(grave) that was purchased prior to 1955.
B) Interment Right Sales
1) The Interment Rights Holder owns the interment rights to a single lot, plot and/or niche. The Interment Rights
Holder must abide by the regulations stipulated in the Cemetery by-law, including the installation of a monument,
maintenance of a flowerbed or other memorialization.
2) The Interment Rights Holder may transfer, exchange or sell-back a plot, single lot or niche at any time before an
interment takes place. If the above Interment Rights have not been used, the purchaser may, in writing to the City
within thirty (30) days from the signing of the contract, cancel this contract and receive a full refund. Following thirty
(30) days, the purchaser may be eligible for a full refund less the Care & Maintenance Fees.
C) Resale/Transfers
The Rights Holder may resell unused lots/plots/niches to the City of Niagara Falls for a refund of the current
Cemetery Fee. Rights Holder may also resell unused lots/plots/niches privately. The City reserves first right of
refusal for all resell/sell back of Interment Rights (i.e. lots, plots and niches). All documents pertaining to the original
sale must be returned to the Cemetery Office. An administration charge will apply, in accordance with the current
Cemetery Fees Schedule.
D) Payment
Interment Rights (lot sales) must be paid in full before any burial and/or memorialization can take place. Payment
for a burial service (casket, cremation, niche, scatter) is due the day of the service. Credit card, debit, cheque are
the only acceptable methods of payment.
E) Inquiries
All inquiries or concerns should be received in person at the Fairview Cemetery office, on Stanley Ave.,
Monday through Saturday 8:00 am to 4:00 pm, or by calling (905) 354-4721 Monday through Friday 8:00 am to
4:00 pm. Saturday appointments must be made at least 48 hours in advance. Mark Richardson, Manager of
Cemetery Services.
2) Monday to Saturday Interment Services (except on Statutory or City Holidays) may be scheduled between 9:00am
and 3:00 pm only
Cemetery Fees
Memorial Products & Services
Notes:
A) Interment/Disinterment Services
1) All committal services scheduling is at the approval of the Cemetery Services based on location, weather, staff
availability & the number of services requested.
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Note: Commercial Groups/Community Groups Non-profit:
Prime hours are Monday-Friday 5:00 pm-11:00 pm, Saturday-Sunday 7:00 am to close
Non-prime hours are Monday-Friday 7:00 am - 5:00 pm and 11:00 pm - 12:00 am
Statutory Holidays are charged at prime rates
Summer ice rates are applicable from May 1st through August 31st
Exact dates of opening & closing to be determined each year
Cancellation Fee $ Fee $ HST $ Total
Arenas, playing fields, Older Adult Centre and MacBain Community Centre
rentals 22.07 2.87 24.94
Ice/Floor Rentals
(Fall/Winter - effective September 1 - April 30)$ Fee $ HST $ Total
Adult Ice rental - prime time 232.37 30.21 262.58
Adult Ice rental - non-prime time 125.39 16.30 141.69
Youth Ice rental - prime time (resident)160.87 20.91 181.78
Youth Ice rental - non prime time 102.65 13.34 115.99
Youth tournament prime time (non-tenant)188.88 24.55 213.43
Ice Training (non prime time only, 5 skater maximum)64.86 8.43 73.29
Education rate (all elementary schools)60.31 7.84 68.15
Floor Rental - adult 82.40 10.71 93.11
Floor Rental - youth 74.16 9.64 83.80
Ice/Floor Rentals
(Spring/Summer - effective May 1 - August 31)$ Fee $ HST $ Total
All users - prime time 223.43 29.05 252.48
All users - non prime time 159.85 20.78 180.63
Tenant Groups - prime time 193.85 25.20 219.05
Tenant Groups - non prime time 131.75 17.13 148.88
Youth tournament (non-tenant) prime time 180.14 23.42 203.56
Education rate (all schools)60.34 7.84 68.18
Floor rental - adult 82.40 10.71 93.11
Floor rental - youth 74.16 9.64 83.80
Recreation, Culture & Facilities
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Parking Lot Rentals $ Fee $ HST $ Total
King Eddy - Full Day (4-12 hours) 500.00 65.00 565.00
King Eddy - Half Day (4 hours or less) 250.00 32.50 282.50
Gale Centre Parking Lot A - Full Day (4-12 hours)1,000.00 130.00 1,130.00
Gale Centre Parking Lot A - Half Day (4 hours or less)500.00 65.00 565.00
Gale Centre Parking Lot B - Full Day (4-12 hours)500.00 65.00 565.00
Gale Centre Parking Lot B - Half Day (4 hours or less)250.00 32.50 282.50
MacBain Centre Parking Lot A - Full Day (4-12 hours)500.00 65.00 565.00
MacBain Centre Parking Lot A - Half Day (4 hours or less)250.00 32.50 282.50
MacBain Centre Parking Lot B - Full Day (4-12 hours)500.00 65.00 565.00
MacBain Centre Parking Lot B - Half Day (4 hours or less)250.00 32.50 282.50
MacBain Skatepark Lot - Full Day (4-12 hours)250.00 32.50 282.50
MacBain Skatepark Lot - Half Day (4 hours or less)125.00 16.25 141.25
Chippawa Arena - Full Day (4-12 hours)250.00 32.50 282.50
Chippawa Arena - Half Day (4 hours or less)125.00 16.25 141.25
Chippawa Lions Park Lot - Full Day (4-12 hours)250.00 32.50 282.50
Chippawa Lions Park Lot - Half Day (4 hours or less)125.00 16.25 141.25
Park Rentals* $ Fee $ HST $ Total
Chippawa Lions Park - Community Park 75.00 9.75 84.75
City Hall Centennial Square - City-Wide Park 75.00 9.75 84.75
Cummington Square - City-Wide Park 60.00 7.80 67.80
F.H. Leslie Park - Community Park 75.00 9.75 84.75
George Bukator Park - City-Wide Park 60.00 7.80 67.80
John N. Allan Park - Community Park 75.00 9.75 84.75
Lundy's Lane Battlefield Park - City-Wide Park 75.00 9.75 84.75
Special Events Park Rentals 75.00 9.75 84.75
*Not including athletic fields
Recreation, Culture & Facilities
Special Event Rental Fees
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MacBain Community Centre Room Rental Fees
Rooms for Rent (Regular &
Out of Town)
$ Hourly
Rate $ HST $ Total
$ Day
Rate $ HST $ Total
Multi-Purpose Room A 27.56 3.58 31.14 137.80 17.91 155.71
Multi-Purpose Room D 66.15 8.60 74.75 330.75 43.00 373.75
Multi-Purpose Room E 66.15 8.60 74.75 330.75 43.00 373.75
Multi-Purpose Room D/E (together) 132.30 17.20 149.50 661.50 86.00 747.50
Multi-Purpose Room F 52.50 6.83 59.33 262.50 34.13 296.63
Community Board Room 27.56 3.58 31.14 137.80 17.91 155.71
Coronation Room 66.15 8.60 74.75 330.75 43.00 373.75
Second Floor Meeting Room 21.00 2.73 23.73 105.00 13.65 118.65
Rooms for Rent
(Non Profit )
$ Hourly
Rate $ HST $ Total
$ Day
Rate $ HST $ Total
Multi-Purpose Room A 13.78 1.79 15.57 68.90 8.96 77.86
Multi-Purpose Room D 33.08 4.30 37.38 165.40 21.50 186.90
Multi-Purpose Room E 33.08 4.30 37.38 165.40 21.50 186.90
Multi-Purpose Room D/E (together) 66.15 8.60 74.75 330.75 43.00 373.75
Multi-Purpose Room F 26.25 3.41 29.66 131.25 17.06 148.31
Community Board Room 13.78 1.79 15.57 68.90 8.96 77.86
Coronation Room 33.08 4.30 37.38 165.40 21.50 186.90
Second Floor Meeting Room 10.50 1.37 11.87 52.50 6.83 59.33
$ Fee/hr $ HST $ Total
71.66 9.32 80.98
35.83 4.66 40.49
115.76 15.05 130.81
63.39 8.24 71.63
Day Rate 868.22 112.87 981.09
$ Fee/hr $ HST $ Total
35.84 4.66 40.50
17.91 2.33 20.24
57.89 7.53 65.42
24.81 3.23 28.04
$ Fee/hr $ HST $ Total
10.00 1.30 11.30
15.00 1.95 16.95
Walking Track 50.00 6.50 56.50
8.85 1.15 10.00
4.42 0.58 5.00
6.19 0.81 7.00
MacBain Community Centre - DAY PASS - Valid for public swimming and drop in gym times
Program Fees $ Fee/hr $ HST $ Total
Child/Youth (4-17)/Senior (60+) 8.85 1.15 10.00
Adult 13.27 1.73 15.00
Family 22.12 2.88 25.00
Drop in programs (excluding aquatics,
indoor play structure & racquet sports)4.43 0.58 5.00
Day Camp Registration (basic)235.00 N/A 235.00
Before Care 20.00 N/A 20.00
After Care 20.00 N/A 20.00
Per week
Per week
Per week
Per pass
Per pass
Per pass
MacBain Community Centre Rental Fees
Drop in Fee for Squash & Racquetball (prime: after 5:00pm & weekends) -
per person
Per pass
Squash Courts (per hour)Youth/Older adult non-prime
Adult
weekends
Equipment Rental
Drop in Fee for Squash & Racquetball (non-prime: before 5:00pm on
weekdays) - per person
Youth
Recreation, Culture & Facilities
Gymnasium
MacBain Comm. Centre Rental Fees (not for profit)
Youth 1/3 gym
Adult
Adult 1/3 gym
Gymnasium
Youth
Youth 1/3 gym
Adult
Adult 1/3 gym
MacBain Community Centre Rental Fees (for profit)
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Indoor Play Structure
$ Fee $ HST $ Total
Hourly NFP Rental 150.00 19.50 169.50
Drop in 6.19 0.81 7.00
Drop in 13.27 1.73 15.00
Birthday Parties
$ Fee $ HST $ Total
75.00 9.75 84.75
100.00 13.00 113.00
250.00 32.50 282.50
200.00 26.00 226.00
50.00 - 50.00
30.00 3.90 33.90
21.43 2.79 24.22
$ Fee $ HST $ Total
20.00 2.60 22.60
30.00 3.90 33.90
40.00 5.20 45.20
80.00 10.40 90.40
8.00 1.04 9.04
$ Fee $ HST $ Total
10.00 1.30 11.30
15.00 1.95 16.95
20.00 2.60 22.60
40.00 5.20 45.20
5.00 0.65 5.65
$ Fee $ HST $ Total
10.00 1.30 11.30
Large Cabinet - locked per month
Storage Closet/Rooms - locked per square foot/per year
Storage Closet/Rooms - locked per square foot/per year
MacBain Community Centre Storage (not for profit)
Locker Box per month
Small Cabinet - unlocked per month
Refund - Program Only
Room only
Fees
Fees Per Hour
Room & 1/3 Gym
Room & 1/3 Gym and Play Structure
Room & Play Structure
Refunds (for all registrations)
Crafts
Refund - Administration Fee
MacBain Community Centre Storage (for profit)
Locker Box per month
Small Cabinet - unlocked per month
Small Cabinet - locked per month
Large Cabinet - locked per month
Small Cabinet - locked per month
Recreation, Culture & Facilities
per child
per family
Birthday Party Cleaning/Damage Deposit
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$ Fee $ HST $ Total
25.22 3.28 28.50
1.55 0.20 1.75
2.83 0.37 3.20
2.58 0.34 2.92
5.15 0.67 5.82
4.12 0.54 4.66
5.15 0.81 5.96
5.67 0.74 6.41
7.21 0.81 8.02
6.18 0.81 6.99
4.12 0.54 4.66
5.15 0.58 5.73
4.12 0.54 4.66
$ Fee $ HST $ Total
27.43 3.57 31.00
31.86 4.14 36.00
49.56 6.44 56.00
58.41 7.59 66.00
$ Fee $ HST $ Total
4.42 0.57 5.00
3.54 0.46 4.00
5.31 0.69 6.00
4.42 0.57 5.00
6.19 0.81 7.00
4.87 0.63 5.50
Recreation, Culture & Facilities
Program Fees
Program Fees
Program drop in
MacBain Community Centre - Older Adults 60 plus
MacBain Community Centre - Older Adults 60 plus Memberships
Pickleball - Drop in - Non- Member
TRX = 60+ Member - Off Peak
Pickleball - Drop in - Member
Fitness class drop in (including Zumba/Clogging/Short Mat)
Bingo - member
Fitness pass (10 punches)
Meditation
Watercolour Instruction
Twelve Month Membership - Resident
Twelve Month Membership - Non-Resident
Yoga - 60+ Non-Member
Bingo - non-member
Yoga - 60+ Member
Six Month Membership - Resident
Six Month Membership - Non-Resident
Pickleball Lessons
MacBain Community Centre - Adult Fitness
Program Fees
Drop in Adult Fitness
Registered Adult Fitness - 60+ member
Yoga Adult Fitness
Yoga Adult Fitness - 60+ member
Drop in Adult Fitness - 60+ member
Registered Adult Fitness
35
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$ Fee $ HST $ Total
3.54 0.46 4.00
4.42 0.58 5.00
3.98 0.52 4.50
8.85 1.15 10.00
13.27 1.73 15.00
61.95 8.05 70.00
119.47 15.53 135.00
79.65 10.35 90.00
6.19 0.81 7.00
4.42 0.58 5.00
180.00 23.40 203.40
240.00 31.20 271.20
60.00 7.80 67.80
Lane Rental (per hour) 20.00 2.60 22.60
150.00 19.50 169.50
200.00 26.00 226.00
$ Fee $ HST $ Total
87.50 N/A 87.50
109.50 N/A 109.50
127.60 N/A 127.60
178.00 23.14 201.14
288.40 N/A 288.40
4.42 0.58 5.00
5.31 0.69 6.00
7.87 1.02 8.89
8.56 1.11 9.67
$ Fee $ HST $ Total
40.00 N/A 40.00
47.75 N/A 47.75
57.40 N/A 57.40
122.60 N/A 122.60
$ Fee $ HST $ Total
135.00 N/A 135.00
155.00 N/A 155.00
155.00 N/A 155.00
300.00 N/A 300.00
90.00 N/A 90.00
115.00 N/A 115.00
90.00 N/A 90.00
225.00 N/A 225.00
Private
Private
Swimming Lessons - Indoor (10 lessons)
30 minutes
45 minutes
60 minutes
Adult Lessons
Drop-in Aqua Fitness 60+ Member
Drop-in Aqua Fitness 60+ Non-Member
Aqua Cycle 60+ Member
Aqua Cycle 60+ Non-Member
30 minutes
Swimming Lessons - Outdoor (5 lessons)
45 minutes
60 minutes
Birthday Party Pool & room
Pool & gym
Fitness Classes Drop in - Adult
Drop in - Older Adults 60+
Both pools 1-30 people
Both pools 31-100 peoplePool Rental (per hour)
with Slide (additional)
1-10 people/hour
AdultSix Month Membership
Child
Senior
Leisure Swim
Family (2+5)
Recreation, Culture & Facilities
MacBain Community Centre - Indoor Aquatics
Program Fees
Child/Youth
Family (2+3)
Adult
Senior
Standard First Aid Recert
Instructors
No Charge
Bronze Cross
National Lifeguard
National Lifeguard Recert
Standard First Aid
Aquatics Certification Course Fees
Bronze Star
Bronze Medallion
Adult Lane Swim/Public Swim
36
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Gale Centre/Chippawa Room Rental Fees
Memorial Room $ Hourly
Rate $ HST $ Total
$ Day
Rate $ HST $ Total
Not for profit Community Group 51.50 6.70 58.20 300.00 39.00 339.00
For profit Commercial Use 103.00 13.39 116.39 500.00 65.00 565.00
Birthday Parties - per booking 77.25 10.04 87.29 N/A N/A N/A
Boardrooms $ Hourly
Rate $ HST $ Total
$ Day
Rate $ HST $ Total
Community Group N/A N/A N/A N/A N/A N/A
Commercial Use 25.75 3.35 29.10 128.75 16.74 145.49
Chippawa Community
Room
$ Hourly
Rate $ HST $ Total
$ Day
Rate $ HST $ Total
Community Group 35.00 4.55 39.55 200.00 26.00 226.00
Commercial Use 50.00 6.50 56.50 300.00 39.00 339.00
Birthday Parties - per booking (3hrs
with ice booking only)77.25 10.04 87.29 N/A N/A N/A
Note: per day is for an 8 hour period. Special provisions for tournaments can be made through contract rental.
The Special Event rental rates are for the basic use and services of the facility only. Additional charges will be
added for staff, equipment rental and any other facility requirements that are requested. Organizations serving
alcoholic beverages must comply with the City's Alcohol Risk Management Policy.
$ Fee $ HST $ Total
3.54 0.46 4.00
2.65 0.34 2.99
8.84 1.15 9.99
2.95 0.38 3.33 Seniors (60 years & over)
Recreation, Culture & Facilities
Public Skating
Adult (16 years and over)
Child/Student (15 years and under)
Family Pass (2 adults, 3 children)
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Playing Fields
$ Fee $ HST $ Total
83.29 10.83 94.12
103.26 13.42 116.68
120.28 15.64 135.92
155.03 20.15 175.18
$ Fee $ HST $ Total
28.80 3.74 32.54
$ Fee $ HST $ Total
5.00 0.65 5.65
11.50 1.50 13.00
12.75 1.66 14.41
20.00 2.60 22.60
$ Fee $ HST $ Total
3.89 0.51 4.40
7.77 1.01 8.78
8.88 1.15 10.03
17.76 2.31 20.07
$ Fee $ HST $ Total
2.78 0.36 3.14
5.55 0.72 6.27
6.66 0.87 7.53
$ Fee $ HST $ Total
55.50 7.22 62.72
111.00 14.43 125.43
77.70 10.10 87.80
222.00 28.86 250.86
$ Fee $ HST $ Total
23.29 3.03 26.32
38.83 5.05 43.88
77.63 10.09 87.72
37.46 4.87 42.33
Lighting - one hour
Lighting - two hours
Lighting - per four hour block
Lighting (youth per evening)
Resident youth
Non-resident youth
Resident adult
Non-resident adult
Lighting
Tournament Day Rate (day=10 hours/field)
B Category Playing Fields per hour
Resident youth
Non-resident youth
Resident adult
Non-resident adult
C Category Playing Fields per hour
Resident youth
Non-resident youth
Resident adult
Non-resident adult
Playing Fields
Non-resident Adult not-for-profit, sport organization
Track - exclusive use (Oakes Park) per day
A Category Playing Fields per hour
Resident youth
Non-resident youth
Resident adult
Recreation, Culture & Facilities
Multi-Purposes Articial Turf Field
Residential minor/youth sport organization
Non-residential minor/youth sport organization
Resident Adult not-for-profit, sport organization
Niagara Falls Youth Users
Qualify for a reduced rate: 50% off the regular hourly rate
1. Niagara Falls based youth organization
2. Registered youth sport with an Ontario governing body
3. Documentation must be provided to staff for approval
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Museum Fee Schedule
$ Fee $ HST $ Total
5.31 0.69 6.00
4.42 0.57 4.99
no charge no charge no charge
17.70 2.30 20.00
66.37 8.63 75.00
44.25 5.75 50.00
66.37 8.63 75.00
10.62 1.38 12.00
8.85 1.15 10.00
35.40 4.60 40.00
$ Fee $ HST $ Total
no charge no charge no charge
$ Fee $ HST $ Total
5.31 0.69 6.00
2.65 0.35 3.00
3.54 0.46 4.00
6.19 0.81 7.00
4.42 0.57 4.99
8.85 1.15 10.00
2.65 0.34 2.99
221.24 28.76 250.00
132.74 17.26 150.00
13.27 1.73 15.00
8.85 1.15 10.00
$ Fee $ HST $ Total
17.70 2.30 20.00
0.17 0.02 0.19
$ Fee $ HST $ Total
22.12 2.88 25.00
35.40 4.60 40.00
$ Fee $ HST $ Total
No charge No charge No charge
44.25 5.75 50.00
Research request/first hour
Research request - additional research/hour
Digital Image
Photocopy (black & white)
Membership
Individual membership/year
Family membership/year
Other
Photographic Reproductions
School Program (approx. 90 minutes)/student
School - self guided tour/student
45 minute museum or Battlefield experience (school)/student
45 minute museum or Battlefield experience (group)/person
90 minute museum or Battlefield experience (school)/student
90 minute museum or Battlefield experience (group)/person
Additional Tour of Battle Ground Hotel/person
Full day Educational Outreach
Half day Educational Outreach
Full day School Program
Half day School Program
Educational Programs (minimum 15
participants)
Recreation, Culture & Facilities
Niagara Falls History Museum Attendance
Adults (20+)
Students (6-19 years old or with valid ID)
5 years old and under
Virtual School Educational Tour
Family (up to 5 people - maximum 3 adults)
Virtual Tour Group
Battle Ground Hotel Museum & Willoughby
Historical Museum
Admission by donation
Customized Virtual School Educational Tour
Historic Walking Tours (Adult)
Historic Walking Tours (Student)
Historic Walking Tours (Family)
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Museum Fee Schedule
$ Fee $ HST $ Total
60.00 7.80 67.80
110.00 14.30 124.30
60.00 7.80 67.80
110.00 14.30 124.30
$ Fee $ HST $ Total
35.00 4.55 39.55
80.00 10.40 90.40
35.00 4.55 39.55
80.00 10.40 90.40
Community Makers are Niagara Regional Not-for-Profit organizations or Niagara Regional based artists putting on an
event that is artistic in nature (Performance Art, Workshop, Presentation, etc.). This does not include trade shows or
retail events unless artistic in nature. Public must be invited.
Minimum of 2 hour rentals in the Museum
$ Fee $ HST $ Total
75.00 9.75 84.75
125.00 16.25 141.25
Niagara Falls Hydro Corporation Courtyard/hour
Other
Dishes (0-30 ppl)
Dishes (31+ppl)
Niagara Falls Hydro Corporation Courtyard/hour after operating hours
Sherman Zavitz Theatre/hour after operating hours
Community Maker Rentals
Sherman Zavitz Theatre/hour
Niagara Falls Hydro Corporation Courtyard/hour after operating hours
Recreation, Culture & Facilities
Rentals
Sherman Zavitz Theatre/hour
Sherman Zavitz Theatre/hour after operating hours
Niagara Falls Hydro Corporation Courtyard/hour
40
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Niagara Falls Exchange
$ Fee $ HST $ Total
116.15 15.10 131.25
162.61 21.14 183.75
603.98 78.52 682.50
836.28 108.72 945.00
929.21 120.80 1,050.01
1,393.80 181.19 1,574.99
1,858.41 241.59 2,100.00
557.52 72.48 630.00
1,022.12 132.88 1,155.00
185.84 24.16 210.00
44.25 5.75 50.00
$ Fee $ HST $ Total
20.00 2.60 22.60
40.00 5.20 45.20
75.00 9.75 84.75
420.00 54.60 474.60
670.00 87.10 757.10
780.00 101.40 881.40
1,280.00 166.40 1,446.40
1,780.00 231.40 2,011.40
44.25 5.75 50.00
$ Fee $ HST $ Total
398.23 51.77 450.00
26.55 3.45 30.00
$ Fee $ HST $ Total
265.49 34.51 300.00
26.55 3.45 30.00 Market Stall/daily
Cost to replace lost access key
Farmers' Market - Saturdays Summer/Fall
(May-October)
Market Stall/season
Market Stall/daily
Market Stall/season
Farmers' Market - Saturdays Winter/Spring
(November-April)
Six months 10 x 10 with storage
Recreation, Culture & Facilities
Artist Studio Membership Rates & Other Fees
Monthly 10 x 10
Monthly 10 x 10 with storage
Six months 10 x 10
Commericial Membership (see website for restrictions)
Weekly
Woodworking Shop Membership Rates
& Other Fees
Daily
Annual 10 x 10
Annual 10 x 10 with storage
Annual 20 x 10
Annual Hotdesk
Cost to replace lost access key
Annual Hotdesk with storage
Monthly
Six Months
Six Months with storage
Hotdesk (3 months)
Annual with storage
Annual
41
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Niagara Falls Exchange
$ Fee $ HST $ Total
100.00 13.00 113.00
125.00 16.25 141.25
150.00 19.50 169.50
175.00 22.75 197.75
50.00 6.50 56.50
75.00 9.75 84.75
50.00 6.50 56.50
75.00 9.75 84.75
100.00 13.00 113.00
300.00 39.00 339.00
$ Fee $ HST $ Total
60.00 7.80 67.80
85.00 11.05 96.05
110.00 14.30 124.30
135.00 17.55 152.55
30.00 3.90 33.90
50.00 6.50 56.50
30.00 3.90 33.90
50.00 6.50 56.50
200.00 26.00 226.00
200.00 26.00 226.00
100.00 13.00 113.00
250.00 32.50 282.50
Community Makers are Niagara Regional Not-for-Profit organizations or Niagara Regional based artists putting on an
event that is artistic in nature (Performance Art, Workshop, Presentation, etc.). This does not include trade shows or
retail events unless artistic in nature. Public must be invited.
Minimum of three (3) hour rentals of the Market Hall
$ Fee $ HST $ Total
10.00 1.30 11.30
20.00 2.60 22.60
100.00 13.00 113.00
5.00 0.65 5.65
300.00 39.00 339.00
5.00 0.65 5.65
50.00 6.50 56.50
75.00 9.75 84.75
100.00 13.00 113.00
Indoor stage rental
Community Makers Rentals
Market Hall/hour
Market Hall with patio/hour
Wilma Morrison Courtyard/hour
Wilma Morrison Courtyard/hour after operating hours
Historic Drummondville Square/hour
Historic Drummondville Square/hour after operating hours
Studio Gallery/month
Atrium Gallery/month
Market Hall/day after operating hours
Market Hall with patio/hour after operating hours
Historic Drummondville Square/hour
Historic Drummondville Square/hour after operating hours
Parking Lot/hour
Indoor stage rental
Parking Lot/hour
Wilma Morrison Courtyard/hour after operating hours
Recreation, Culture & Facilities
Rentals
Market Hall/hour
Market Hall/day after operating hours (and statutory holidays)
Wilma Morrison Courtyard/hour
Market Hall with patio/hour
Market Hall with patio/hour after operating hours
Other
Corkage Fee
Labour for corkage fee/hr/person
Comfort Lounge Rental (per set - couch, 2 chairs, 1 table)
Linens rental (table cloths, napkins, overlays)/item
Roller skate rental - up to 40 participants
One Day Parking Passes for area parking
Pipe & Drape/one time charge
Games package (includes 2 cornhole games & giant jenga)
Wedding Alter
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CITY OF NIAGARA FALLS
By-law No. 2025 - 048
A by-law to adopt, ratify and confirm the actions of the City Council at its meeting held on
the 8th day of April, 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 8th day of April 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 8th day of April, 2025.
........................................................ ……...........................................................
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
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