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Additions 2008/03/31 ADDITIONS TO COUNCIL MONDAY MARCH 31 2008 Community Services Correspondence from Rocco Vacca, Sullivan Mahoney re: PD-2008-20 - 27gg St. Paul Avenue, Niagara Falls Council Minutes of March 17 2008 1. The original By-law 2008-39 was pulled so all the by-laws shifted, so the by-law Councillor Wing opposed and Councillor loannoni had a conflict with was originally 2008-40. Deputations 1. Winter Festival of Lights presentation cancelled. Planninp 1. Correspondence from David Allan, Stanley Avenue Business Park re: PD-2008-26 - AM-28/2006, Thundering Waters 2. Correspondence from Kevin Paul, Canadian Pacific. Re: PD-2008-26 - AM-28/2006, Thundering Waters 3. Correspondence from Dr. John Bacher. Re: PD-2008-27 - AM-45/2006, Fernwood Phase 2 Draft Plan of Subdivision B -laws 1. By-law - 2008-54 A by-law to amend By-law No. 79-200, to permit an expansion of a hotel, to permit a portion of the required parking to be provided off site and to repeal By-law Nos. 89-255 and 92-285. AM-36/2007 2. By-law 2008- 56 A by-law to appoint Councillor Jim Diodati as Acting Mayor from April 8, 2008 to and including April 13, 2008. Monda A ril7`h 2008 1. AGENDA - Strategic Planning - Corporate Finance Session ( 4:00 - 8:00 p.m.) --MAR.31.2006-11 SOAM- SU~L[VAN MAHOh'EY N0.817 P. I S 1SpIUiISTERS 3~ $OLICITOILS Please reviy to the NiaF~ra Falls OfT~e Maxch 31, 2008 vza faat#905.374.3557 Councillor Carolyn Toannonl I & Members of the Commun~ty Secvices Committee ' q310 Queen Sueet i NIAGARA ~AI-LS, ON L2E 6X5 Dear Ms. Toannoni: Re: Our Client: 1736071 Ontario Inc. SPG231200'1, Site Plan Application Re: 2799 St. Pau1 Avenue, Niagara Falls Re: PD-2008-20 As you aze awaxe, we act as solicitors for 1736D71 Ontario Inc. in the above referenced matter. 'I'his letter is to formally advise that we have reviewed Report PD-2008-20 and fully support the recoznmendation that khe Commw~ity Services zeceive and file the report for infomnation puiposes. Our posirion in this matter remains as stated in ow previous letter dated Mazch 7, 2008, which is included as an attachment to the report, Gi~en our position that the site plan approv~l in this matter is final and binding azid given that tlus report is merely for infosmation purposes, we will not be attending tonight's meeting of the Commirtee. Should the Committee be inclined not to adopt the recommer~dahon in the report and other~'ise take any action which in any way attempts to take Away or oveiride oux client's site plan approval ox otherwise dezogate from owustice so that we ma have the would ask that Yhis matter be deferxed pursuant to the ntles of natura] j apporivnitp to be heazd. qp Queen Saeat r• O. ~x 1360. 51. CaMarinoc, Onnri012R 671 TelepiWna 905~698~6655, Pacs~milc: 905•fi86-58 i4 qyg~po~veM1nad,Nia mP~~~%.~urio19E6BlTrlehone'.901~351•OSDO,Peceunilo:905-JS'!•41~1 V.F. Mum~on. Q.C. P.9. Bedud O.n. WieB~^s ~.T. B~nwell, Q.C. T.A. Riehardeon P.M. 9h«hen W.6. McKe~g RB.Cu~llmn ~~R.Bwh P.w.Mahoney B.A. MeWomld ].Ovla~ D.A.OOdin I.M~Go~di A.wcca T.Wn« KA.King h1.7. 0orromi G.W. McCorv~ 5.7. Prami C.17Angelo N.Oadurum C, einlc P. l.vurcaoc J. Cisrkson D. I. iTOap 5. MckpY M. uecnk OfCavn~c7 (COm~~~ M~b~ ~~'uk --MAN.31,lUU8 11:hORM SUL~IVAN MAHONEY N0.817 P. 2 Page 2 Youzs very iruly, I SUL AN MAiTON~Y L~.P Per . Rocco acca RV:rhh cc. Dean Iorfida via fax #905.356.9083 cc. A]exHerlovitch-viafax#905356.2354 i cc. ~milio IZaiznondo I cc. Client - 19 - March 17, 2008 Council Minutes BY-LAWS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the by-laws be given a first reading. Carried with with Councillor Wing opposed to by-law 2008-39 and Councillor loannoni declaring a conflict on by-law 2008-39. 2008-33 A by-law to establish Part of Township Lot 79, Stamford, as a public highway, to be known as and to form part of Dorchester Road. 2008-34 A by-law to establish Part Township Lot 158 Stamford as a public highway, to be known as and to form part of Drummond Road. 2008-35 A by-law to declare both Lane Plan 291 lying between McGrail Avenue and 59R-4270 except Parts 1-6 inclusive on 59R-11934, and 10 foot Lane Plan 291, Town of Niagara Falls lying between Walnut Street and 59R-7270 except Part 1 on 59R-11000; both in the City of Niagara Falls, Regional Municipality of Niagara, surplus. 2008-36 A by-lawto establish Reserve Block 284, Plan 59M-354, Reserve Block 285, Plan 59M-354 and Reserve Block 286, Plan 59M-354 as public highways, to be known as and to form part of Milomir Street, Glavcic Drive and Forestview Boulevard, respectively. 2008-37 A by-law to amend By-law No. 80-114, being a by-law to designate private roadways as fire routes along which no parking of vehicles shall be permitted. 2008-38 A by-law to establish Part of Lot 49, North Side of Lundy's Lane, West of Leonard, Pian 2, Stamford; Part of Lot 64, South Side of Maitland Street, Plan 2, Stamford; and Part of Maitland Street, Plan 2, Stamford, designated as Part 3 on 59R-13625 as a public highway, to be known as and to form part of Byng Avenue. 2008-39 A by-law to amend By-law No. 79-200, to permit a portion of the parking required for a hotel to be provided off-site, to establish site specific ~N~111/~~1~~~i~~nM1 ~.~I~ ~L~.~J~..J_ ~ • M M# ~RY ~n~ccae p~awe~ ui aui aot ~.uoo~ aa}~iiuuao~ ui auanuoo _ - 20 - March 17, 2008 Council Minutes ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the by-laws be read a second and third time and passes. Carried with Councillor Wing opposed to by-law 2008-39 and Councillor loannoni declaring a conflict on by-law 2008-39. NEW BUSINESS Macular Degeneration Councillor Thomson outlined that the Province recently announced that OHIP coverage will be extended to certain drugs that deal with Macular Degeneration, an issue the Council had petitioned the Province on. ORDERED on the motion CouncillorThomson, seconded by Councillor Pietrangelo that a letter of recognition be sent to Kim Craitor, M.P.P., Premier Dalton McGuinty and the Honourable George Smitherman, Minister of Health. Carried Unanimouslv Regional Representation ORDERED on the motion of Councillor Thomson, seconded by Councillor Fisher that Council endorse the resolution of the City of St. Catharines for fair representation for the large municipalities at the Regional level. Carried Unanimouslv Brock Badgers ORDERED on the motion of Councillor Diodati, seconded by Councillor loannoni that the Niagara Falls members of the Brock Badgers be recognized at a future Council meeting. Carried Unanimouslv Niagara Falls Downtown ORDERED on the motion of Councillor Diodati, seconded by Councillor Pietrangelo that staff coordinate an Information Session on Downtown, with any costs shared by the Downtown B.I.A. Motion Carried with Councillor Thomson, Kerrio, Fisher and Wing opposed. In Camera Councillor Pietrangelo announced that Council would be reconvening In Camera to deal with some matters outstanding from earlier. His Worship Mayor Salci announced a two minute recess to reconvene in Committee Room #1. Councillors Fisher, loannoni, Thomson and Wing left Council Chambers and did not ~(3/31%2008) Teresa Fabbro - '~Page 1~ From: "Anna Pierce" <APierce@niagarafallstourism.com> To: <diorfida@niagarafalls.ca> Date: 3/31/2008 10:25 AM Dear Dean: I regret that we are going to have to cancel our Winter Lights Presentation for tonight. Some of our key people are not able to attend. Can you please pass on my apologies to the Council and let me know when we could be added to the agenda again? Thanks. Anna Pierce Executive Director Niagara Falls Tourism 540D Robinson Street Niagara Falls, ON L2G 2A6 Tel: (905) 356-6D61 Ext. 17 Mobile: (905) 329-3608 Fax:(905)356-5567 E-mail: apierce@niagarafallstourism.com <mailto:a pierce@n iagarafallstourism. com> ~ rLEAN.LTD QI004 ~ : ~ . i.°~ 03i3272008'31~~:34 FAg 906 95B 7831 ~ , ~ ~ ~ ~ ~ MARINB]CLg " ~ _ : ~ , AN LTD ae - ~002 ~ - < ~ R~~i ~ r ~ z ~ ~ ; ~ ,.p' ~ 3 f f ~ _ ~ 4a'U~"a~a~i x x 6 ! ~r r . _ s aR~ ~ v ,3 . , ~ _ e h , ~i ',~r~ ]3 ~ ~ ' ,~Y a ps Gx 4 ir~?sr ~ §S . k 3tY ,+j4-? i[ r~xlY~i'S T ' _ . ~y~.~t ' :~~3' _ ..Z~~ . F:_ 4 ^'~~YYL~20~ L~O". " f f h £ City of.NagaraFalls : C~~~~~ a.nd Development Aivision 4310-Qi?een Sfreet, , ' , ~~a`Ealls, Ontario , , 6~C5 _ - > ' , Attentlon; = y Alea Herlov,[ch, b~tor of.pl~o~ ' , ` -He~ F~c~P 1lfayor T~ Salcf~and`~Me~ De`velopmenf eth' Direttor.ofBusiness li`~e~ra of 1Ku'mciPal~Coa4cil L1ear Sirs: pment'- . ~tI`iciai ~+lan ~ dmeat _ ` Deve,o llow.up ta oitt;irupal letter 6under~ R' ters ~+le # . P,ment 'O~'ice - ~ ofl~cL i8 , ~ r "`'~M 28/2006 raembership=respectfiill d discussions cntfi Th denn~~`~th'the Bnsines,y , . Proposed chan eS Y'~4'?ests,:cons~derahon g Waters rePresentatt ` ` ' , B ro the C~ty. s O~clai•Elan; m the apProvals;pro~ °es° °ur . ~ You are aware, tha S . relatmg Yo ~'Epresenting gPProx. 60 i~uy Avenue Business Park~ Exist in the industrial Patk busmesses.aad the. qsm aa~`on (SABFA) is a gro~"" . mediately,acJjaceat to the- , at~ 2,000 ~nduspj~° p 8, ~B~oup is fWl Aroposet! residenhat:deveto s~that: Niag$raFal2s and - ittveofthe;need~or Pme~t., Peraut ' more specifea(1 , ;esideahal lantls the reaoning ofsub e Y Proposed c , continued develo ban eventually Pe~ut r ~~~0ant in . 8e8 to the OF~'i ' PmenE in ~sidantial develo` ~st~ l~~ to c?at Plan that:woiild despite being supPortive of the p~~ment aiijacant td ~e~. velopment Holdtng;and . °On~deration foi our businesses intere~ ow memi~erg ~du~a1 P~'k Howev~ b~'ng considered before Co ~ in ~ co~~m ' 2008-26. This concern relates to tn ~e C0 ttte,procesy to date ~a~ ~~th tha absence,of , provid a?ack Serviees ll ~e reeorrirnendettons ed to ovrmembers in that we o~~ baw eP~tmeut R 2008. Y ecatiie a~~rn~at~oa or invotv m~ Pa ~ p;~?Posst on Maroh 3, Dar~~- d_ K a^ c~i~~mai~'t-----_ GO Mznt~e Ct ~n I,td. N1~ ~ DatrMui7c St. PLoitc (90i > J5 , ~ ? ~f, ~3'~--_~~- j~"1i~ F~ lIS.`Ollfl{f10 . F~~ (90i 6 76i'j ~ ~ T..?E CXS ~ ~mz~! . . _ . . an~u)la~xido:cot,~7t , . . . . . CANADIAN R~~ES~`e s~~ aoo Fax csos> aoa.izze 1290~'Genirel Parkway W ~ .r. A~+ ~ r.' L'? , . . ~ ~ M1SS15Sauga .Oniano ~ . - ~ ~~1~ l5C 4R3 . _ Mr. Alex HerloviYch Director of Plasuvng & Development City of Niagara Falls 4310 Queen St. P.O. Box 1023 Niagara Falls, ON L2E 6X5 Ca~iada VIA ~'acsimile 405-374-3557 and Electronic 1VIail R~; Official Plan Amendment Application - AM-28/2006 Dear Alex Herlovitch: Further to youz norice OPA Applicafion AM-28/2006, 622 acze Thunderiiig Waters applicant, please he advised that Cai~adiui Pacific RaiIwayCompany.has no objectioi~s £or the conversion of Fand designation from industrial and opeu space to residential aud,enviromneutal protection area. Best regards, ~ Kevin Paul Manager, Real Estate Marketing - Ontario Can.adian Pacific Railway 905-803-3424 ~ ~ CANADIAN ~ 1. PACIFIC • - ~ Vell[OOY[I'3010 OFIICUt5UPP01{[E0. ~ . ~ ~ (3%31/2008) Teresa Fabbro Fernwood Phase 2 Public Comment Letter ' - ~ Page 1 From: Rick Wilson To: Dean Iorfida; Teresa Fabbro CC: Alex Herlovitch; Ken Mech; rbrady@uemconsulting.com; Yvonne Blais Date: 3/31/2008 2:48 PM Subject: Fernwood Phase Z- Public Comment Letter Attachments: 2007_09_13 Comments Dr. J. Bacher Fernwood Phase 2.pdf Late on Friday ahernoon (March 28, 2008), Jean Grandoni had some questions for me regarding the staff report and correspondence for this subdivision/zoning amendment. During our brief discussion, Ms. Grandoni noted specifically that a letter from Dr. John Bacher previously submitted to the City was not included in the material for Counci~. I indicated that my recollection was that the letter from several months ago dealt with the transfer to the Ciry and protedion of the large woodlot in Fernwood Phase 1. The transfer of this land will likely take place when alI conditions of draR approval for Phase 1 are satisFed and the subdivision is registered. I have earlier advised the developer's planner that protedive measures such as temporary fencing along the OMB-approved dripline boundary of the woodlot and any other recommendations of their environmental consultant should be implemented during preliminary servicing/grading work in Phase 1. Please ensure that the attathed lelter dated September 10, 2007 from Dr, )ohn 8acher is provided to Council for tonight's meeting. Thanks. Rick Wilson ti ~ PtanMng ~ ~ Scanned ~ , ~ Flla: l~!, ~ i n 4-c ~'C~ ~ II -ZoC•6"OS September 10, 2007 134 Church Street St. Catharines, Ont. L2R-3S4 Re Pernwood Phase 2 Draft Plan of Subdivison File: 26T-1 l -2006 Director of Planning and Development: I am writing in regards to the draft plan of subdivision for the Fernwood Phase Two development and request a notification of any future meetings and a decision of council on this meeting. My concern is that to proceed at this time with the Fernwood Phase Two development is premature. "1'his is because there are a number of conditions of the Fernwood Phase One development Yhat have not yet been implemented. Of these the most significanT is the requirement that the transfer Citle to the Garner Road Porest, to the extent of the drip line to protect tree roots, has not yet taken place between the City of Niagara Falls and the developer. This was agreed by the developer as a condition of approval of Phase One before a hearing of the Ontario Municipal Board. In addition [o this transfer of ownersnip, a chain link fence should be erected at the new southem proper[y ]ine adjacent to the Phase One subdivision. These steps are necessary to protect the Gamer Road forest, which contains a number of rare and endangered plant species, notably the White Wood Aster, Round Leaved Greenbriar, Pin Oak.and Black Gum. It is to be hoped that this matter will be undertaken quickty, so that the very significant Garner Road Forest will not be negatively impacted by the Phase One development. Sincerely, t, 'yy.,., ~,/+~,c.Uf~,z~ Dr.75hn Bacher (PhDO Reseucher, Preservation of Agricultural Lands Society. ~~C~~~~~ SEP 1 3 2~~i7 PLANNlNG & DEVELOPMENT CITY OF NIAGA1tA FALLS By-law No. 2008- A by-law to amend By-law No. 79-20Q to permit an expansion of a hotel, to permit a portion of the required pazking to be provided off-site and to repeal By-law Nos. 89-255 and 92-285. WHEREAS the City's Official Plan contains policies to ensure the creation of a high-qualiry built form and urban environment in the City's tourist districts and to provide the opportunity to approve zoning by-law amendments which permit increases in building heights in return for improvements to the public realm as authorized by Section 37 of the Planning Act; AND WHEREAS, pursuant to Section 37 of the Planning Act, the Council of a local municipality may, in a by-la~v passed under Section 34 of the Planning Act, authorize increases in the height or density of development otherwise permitted by the existing by-law that will be permitted in return for the provision of such facilities, services or matters as are set out in the amending by-law; AND WHEREAS, Subsection 37(3) of the Planning Act provides that, where an owner of land elects to provide facilities, services or matters in return for an increase in the height or density of development, the municipality may require the owner to enter into one or mare agreements with the municipality dealing with the facilities, services or matters; AND WHEREAS the owner of the lands hereinafter referred to has elected to provide the facilities, services and matters as are hereinafter set forth; AND WHEREAS the increase in the height of development permitted hereunder, beyond that otherivise permitted on the aforesaid lands by By-law No. 79-20Q is to be permitted in return for fhe provision of facilities, services and matters set out in this by-law and to be secured by one or more agreements between the owner of such lands and the Corporation of the City of Niagara Falls (hereinafrer referred to as the "City"); AND WHER~AS the City has required the owner of the aforesaid lands to en[er into one or more agreements dealing with certain facilities, services and matters in return for the increase in height in connection ~vith the aforesaid lands as permitted; AND WHEREAS City Coimcil has held a Public Meeting to consider these matters, including an increase in height. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Sheet DS of Schedule "A" to By-law No. 79-200 is amended by renumbering from 238 to 820, the land on the north side of Dixon Street, between Fallsview Boulevard and Stanley Avenue, being Pt Range 13 - 15 P] 1; Pt Dixon St, Bucha~~an St PI 1 being Palisview Blvd (formerly Buchanan St, fonnerly Buchanan Av) as dosed by R0430946 & R097685, as in R0777941; Niagara Palls and shown hatched and designated TC and numbered 820 on the plan Schedule attached to and forming part of this by-law. -2- 2. Sheet DS of Schedule "A" to By-law No. 79-200 is amended by numbering 82l , the land on the north side of Dixon Street, behveen Stanley Avenue and Allenda]e Avenue, being Pt Range 13 Pl 1 Stamford Pt 2& 3 59R7404; Niagara Falls and shown hatched and designated TC and numbered 821 on the plan Schedule 1, attached to and forming part of this by-law. 3. Sheet CS of Schedule "A" to By-law No. 79-200 is amended by numbering 822, the land on the south side of Dunn Street, west of Ailanthus Avenue, being Pt Blk 40 Pl 1& Pt Twp Lt 160 Stamford, Pts 8-12 59R13057; S/T Easement Over Pts 9& I1 59RI3057 as in R0196402; S/T Easement Over Pts 8-12 59R13057 for the Benefit of Pts 1-7 59RI3057 as in SN] 18444; T/W Easement Over Pt 3 59R13057 as in SN118443; T/W Easement over Pts 1-7 59R13057 as in SNll8443; Niagara Falls and shown hatched and designated P and numbered 822 on the plan Schedule 2, attached to and forming part of this by-law. 4. Notwithstanding the provisions of sections 2.31 and 4.171, clause (a) of section 419.1, sections 4.20.1, 4.27.1 and 8.6.1 and clauses (a), (b), (c), (d), (e), (g) ~d (j) of section 8.6.2 of By-law No. 79-200, no person shall use the land described in section ] of this by-law and shown hatched and designated TC and numbered 820 on the plan Schedule 1 attached hereto, or erect or use any building or structure thereon for the purpose of a hotel, which may include retail stores and a pinball or electronic game machine establishment, except in compliance with the following regulations: (a) Deemed lot all the land described in section 1 of this by-law and shown hatched and designated TC and numbered 820 on the plan Schedule 1, shall be considered one lot (b) Minimum lot area the whole ofthe land described in section 1 of this by-law and shown hatched and designated TC and numbered 820 on the plan Schedule 1 attached hereto, save and except for any part of the land that may be required to be dedicated for the purpose ofroad widening (c) Location of various components of refer to plan Schedule 3, attached to and the bui]ding or structure, their forming part of this by-law and clause (d) maximum height and maximum ofthissection number of storeys and minimum yards prior to any dedication required forroad widening (d) Maacimum height of building or 53 metres, as measured from the structure and maximum number of Geodetic Survey of Canada elevation storeys 203.21 metres, and a maximum of 18 storeys, whichever is lesser, subject to section 4.7 of By-law No. 79-200 I -3- (e) Locarion ofparking (i) a maximum of 123 required parking spaces that cannot be provided on the land described in section 1 of this by-law and designated TC and numbered 820 on the plan Schedule 1 attached hereto, shall be provided within a parking area on the land described in section 2 of this by- law and designated TC and numbered 821 on the plan Schedule 1 attached hereto (ii) a maYimum of 191 required parking spaces that cannot be provided on the land descri6ed in section 1 of this by-law and designated TC and numbered 820 on the plan Schedule 1 attached hereto, shall be provided within a parking azea on the land described in section 3 of this by- law and designated P and numbered 822 on the plan Schedule 2 attached hereto Minimum number of loading spaces 2, in accordance with the dimensions contained in section 4.20.1 of By-law No.79-200 (g) Decorative wall or fence a decorative wall or fence, made of stone, masonry brick, wrought iron or equivalent material, shall be erected along and adjacent to any lot line that abuts a street and a parking area, save and except for driveways and pedestrian entrances. The decorative wal] or fence shall be a minimum of 0.9 metres in height and a maximwn of 1.2 metres in height (h) All other provisions of Zoning By-law No. 79-200 shall apply 5. None of the provisions of sections 4.17.1 and 4.271 of By-law No. 79-200 shall apply to prevent the use of the land described in section 2 of this by-law and shown hatched and designated TC and numbered 821 on the plan Schedule 1 attached hereto, for the purpose of a parking lot, except in complianee wiYh the following regulations: -4- (a) Decorative wa11 or fence a decorative wall or fence, made of stone, masonry brick, wrought iron or equivalent material, shall be erected along and adjacent to any lot line that abuts a street, save and except for driveways and pedestrian entrances. The decorative wall or fence shall be a minimum of 0.9 metres in height and a ma~cimum of 1.2 metres in height (b) All other provisions of Zoning By-law No. 79-200 shall apply 6. Notwithstanding the provisions of sections 17.1 and 17.2 of By-law No. 79-200, no person shall use the land described in section 3 of this by-law and shown hatched and designated P and numbered 822, on the plan Schedule 2 attached hereto, or erect or use any building or structure thereon, except for the purpose of a satellite parking lot and any accessory administration/security/employee building, and except in compliance with the following regulations: (a) Minimum lot area the whole of the land described in section 3 of this by-law and shown hatched and designated P and numbered 822 on the plan Schedule 2 attached hereto, save and except for any part of the land that may be required to be dedicated for the purpose ofroad widening. (b) Minimum yard widths (i) between points B and D 35 metres (ii) between points J and K 10 metres (iii) between points K and L 0 meYres (iv) between points L and M ll metres, save and except for one 90.4 square metre security kiosk/structure which may be as close as 0,88 metres to the property line lying between points A and B and as close as 0 metres to the property line lying between points L and M (c) Maximum floor area 2,800 square metres ~ (d) Maximum height of building or 10 meYres structure -5- (e) Minimum width of landscape strips along and adjacent to the properry lines, save and except for any driveway entrances (i) between points A and B and none required B and C (ii) behveen C and D 12 metres (iii) between points D and E 6.5 metres (iv) beriveen points E and F 7 metres (v) between points F and G and none required H and I (vi) between points I and J and J 7.5 metres and K (vii) between points K and L and L none required and M (f~ Maximum number of parking spaces 680 of which 220 may be employee pazking spaces (g) Minimum height of masoruy wall 4.5 metres, save and except for between around the perimeter ofthe land, save and along points K and L and L and M as and except for driveway entrances shown on Schedule 2 attached heretq where no masonry wall shall be required, and save and except for between and along points A and B on Schedule 2, where the masonry wall shall be a maximum height of 1.0 metre within 6.4 meYres from the Dunn Street road allowance and the masonry wall shall be a maximum height of 2.0 metres between 6.4 metres and 16.8 metres from the Dunn Street road allowance (h) All other provisions of Zoning By-law No. 79-200 shall apply 7. The owner of the lands described in section 1 of this by-law is required, pursuant to subsection 37 (3) of the Planning ~lct, to enter into one or more agreements with the City in order to secure Che faciliCies, services and matters referred to in section 8 of this by-law and such agreements are to be registered on title. -6- 8. The height of the building or structure permitted by section 4 of this by-law shal] only be permitted subject to compliance with the conditions set out therein and in return for the owner of the land described in section I of this by-law providing the following facilities, services or matters to the City, namely: (a) streetscape improvements to the street frontage along Fallsview Boulevard, Dixon Street, Main Street and Stanley Avenue adjoining the subject land described in section 1 of this by-law, inclusive but not necessarily limited to sidewalks, street Yrees, street furniture, street lighting and landscaping, not covered by Development Charges and 2 percent parkland dedication, as detailed in the City's Tourist Area Streetscape Master Plan; and (b) the building design approved by Council on March 17, 2008. 9. For the purpose of this by-law: "administration/security/employee building" means a building wherein administrative, security and employee services are provided for the buildings and structures on the lands described in section 1 of this by-law and shall be limited to office, storage, health centre and daycare uses; "commercial parking loY' means an area used for the temporary parking or storing ofvehicles for profit or gain; "masonry wall" means an acoustical banier which has a surface density of not less than 20 kilograms/square metre; and "satellite parking IoP' means an azea of land or part thereofwhich is provided and maintained for the purpose oftemporary parking of or storing automobiles that are necessary for the uses permitted on the lands described in section 1 of this by-law, but does not include a commercial parking lot. 10. Section 19 of By-law No. 79-200 is amended by adding thereto the following: 19.1.820 Notwithstanding the provisions of sections 2.31 and 4.17.1, clause (a) of section 4.19.1, sections 4.201, 4.27.1 and 8.6. I and clauses (a), (b), (c), (d), (e), (g) and (j) of section 8.6.2 of By-law No. 79-200, no person shall use Yhe land on the north side of Dixon Street, beYween Fallsview Boulevard and Stanley Avenue, designated TC and numbered 820 on Sheet DS of Schedule ~ "A", or erect or use any building or structure thereon for the purpose of a hotel, which may include retail stores and a pinbal] or e]ectronic game machine establishment, except in compliance with By-law No. 2008- . 19.1.821 None of the provisions of sections 4.17.1 and 4,27.1 of By-law No. 79-200 sha11 apply to prevent the use of the land on the north side of Dixon Street between Stanley Avenue and Allendale Avenue, designated TC and numbered 821 on Sheet DS of Schedule "A", for the purpose of a parking lot, except in compliance with By-law No. 2008- 19.1.822 Notwithstanding the provisions of sections 17. I and 17.2 of By-law No. 79-200, no person shall use the land on the south side of Dunn Street, west of Ailanthus Avenue, designated P and numbered 822 on Sheet CS of Schedule "A", or erect or use of any building or sriucture thereon, except for the purpose of a satellite parking lot and an accessory administration/security/employee building, except in compliance with By- law No. 2008- I 1. By-law Nos. 89-255 and 92-285 are repealed and section 19.1.238 is deleted. Passed this thirty-first day of March, 2008. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: March 31, 2008 Second Reading: March 31, 2008 Third Reading: March 31, 2008 S:~ZONINGW M S~2007\By-Iaws~I3yam36.wpd SCHEDULE 1 TO BY-LAW No. 2008 Subject Land ~ MURRAY ST D ~ .J~ ~ ~ 7~ 3.4 m W m 2 0 1.5 m 4.3 m ~gm ~ 34. m 8.9 m 6~ rn 3. m ~ 10. m ~ m w w ~ TC 820 3 w 3 TC 821 ~ 3 3 98.9 m 39.4 m-72.8 m - DIXON ST \ 8~ PARCEL 1 ~ PARCEL 2 ~ \ m z z ~ D m m - Amending Zoni~ag By-law No. 79-200 Description: Parcel 1: Pt Range 13-IS Pl 1; P[ Dixon S[, Buchanan St PI 1 Being Falisview Blvd ~ (FoRnerly Buchanan St, Formerly Buchanan Av) As Closed By R0430946 & R097685, ~ As In R0777941; Niagara Falls N Parcel 2: Pt Range 13 P] 1 Stamford Pt 2& 3 59R7404; Niagara Falls ~U Applicant: 1712093 Ontario Limited Y ~ 2100422 Ontario Limited 5 Assessment#s: 272503000818000 l:NTS - 272507000312500 AM-36/2007 K:\GIS_Requests~2007\SChedulesUoningAM~AM-36~mapping.map Mar<h 2008 SCHEDULE 2 TO BY-LAW No. 2008 Subject Land ~ ~ On ~ D _ C = p ~n y D < ¢ m m m §:4 m 11. m DUNN ST v ~ . o. ~ C 3 ~ ~ 3 I E ~ 2 ~ 3 C v N ~n ~ TOBy 3 m rt1 D g (/l w ~ f P 822 ~S ~ - R 149.2 m ~ - 143J m 12.4 m Amending Zoning By-law No. 79-200 Description: Pt Blk 40 Pl I& Pt Twp Lt 160 Stamford, Pts 8-12 59R13057; S/T Easement Ovex Pts 9& 11 59R13057 As In R0196402; S/T Easement Over Pts 8-12 59R13057 For The Benefit Of Pts 1-7 59R13057 As In SNI 18444; T/W Easement Over Pt 3 59R13057 As ln SN118443; T/W Easement Over Pts 1-7 59R13057 As In SNll8443; N Niagara Falls ~ Applicant: 1712093 Ontario Limited 2100422 Ontario Limited S 1:NTS Assessment #s: 272508000211100 AM-36/2007 K:\GIS_RequesYS\2007\Schedules~ZOningAMtipM-36ymapping.map March 2008 SCHEDULE 3 TO BY-LAW No. 2008 (n r -I a3.2 m D ~ 3.1 m 3 z 13.4m 1~4tr r 1.5 m -N D 9f2 ~ 3 r s1~ D 34.3 m 4 m- 22+m 17 ~ rn 8:9 m T4-m. H w rn 29 m ~ L m 3 C rn 3 W ~ N r 3 3 ~ ~ w 3 26 m 39.4 m 67 m 8.6 m DIXON ST 5.8 - Geodetic Survey of Canada Elevation 203.21m ~ ~ Amending Zoning By-law No. 79-200 Building Heights Description: Pt Range 13-15 Pl 1; Pt Dixon St, Tower and Building Components Above Geodetic Survey of Canada Elevation 203.21m Buchanan St Pl 1 Being Fallsview Blvd (Formerly Buchanan St, Formerly Maximum No. Maximum of Storeys Height ~ Buchanan Av) As Closed By R0430946 & R097685, As In R0777941; Niagara Falls Tower ~ 18 53m Applicant: 1712093 Ontario Limited aodium 2100422 Ontario Limited ~ s is.zm Rest of Site Assessment #s: 2725080002ll 100 ~ a i2m N i:xTS Y AM-36/2007 March 2008 S K:\GIS_Requests\2007\SChedules\ZOningAM1~1M-36~mapping.map CITY OF NIAGARA FALLS B,y-law No. 2008 - A by-law to appoint Councillor Jim Diodati as Acting Mayor. WHEREAS Section 242 of the Municipal Act, 2001 provides that a municipality may by by-law or resolution appoint a member of the Council to act in the place of the head of Council when the head of Council is absent or refuses to act or the office is vacant and while so acting such member has all the power and duties of the head of Couvcil; and WHEREAS the office of Mayar of the City of Niagara Falls will become vacant as a result of R.T. (Ted) Salci being absent from the City from April Sth, 2008 to and including April 13, 2008; and WHEREAS the said Council deems it desirable fo appoint an Acting Mayor until the return of R.T. (Ted) Salci. THE COUNCIL OFTHE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Councillar Jim Diodati is hereby appointed Acting Mayor from April 8, 20o8 to and including April 13, 2008. 2. At the conclusion of the period described in paragraph 1, R.T. (Ted) Salci shall resume his appourtment as Mayor, together with all powers and duties associated with that office. Passed this thirty-first day of March, 2008. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: March 31, 2008. Second Reading: March 31, 2008. Third Reading: March 31, 2008. Strategic Planning - Corporate Finance Session Ni~ a~'a alls g .F , Date: Monday, April 7, 2008 Time: 4:00 p.m. - 8:00 p.m. Location: Niagara Falls City Hall Committee Room 2 (Lower Level) Light refreshments will be served Agenda 1. Introduction 2. Objectives for the Session 3. Framework for Decision Making • BMA Consulting 4. The Capital Budget Process 5. Light Refreshment Break 6. Questions 7. The 2008 Capital Budget Please bring your Capital Budget binder to the meeting with you for reference.