2001/05/14PLANNING/COUNCIL
MEETING
Monday, May 14, 2001
Order of Business
and Agenda Package
PLANNING MEETING
MAY 14, 2001
PRAYER: Alderman Victor Pietrangelo
DISCLOSURES OF PECUNIARY INTEREST
Disclosures of pecuniary interest and a brief explanation thereof will be made for the
current Council Meeting at this time.
PRESENTATIONS
Niagara Falls Bantam Boys Red Raiders Basketball Team
His Worship Mayor Thomson will make a presentation to the Alison Sports Red
Raiders Bantam Boys Basketball team. In attendance will be Anthony DeMizio; Geoffrey
Diston; Nenad Gostimir; John Lapierre; Tanner Niven; Drew Hutton; Suhail
Panjwani; Dennis Sehgal; Nicholas Alfano; Jordan Martin; Beau Sherbok along with
their Coaches, Carmen DeMizio and Michael Diston.
Nia.qara Rapids Kniqhta of Columbus Atom B Hockey Team
His Worship Mayor Thomson will make a presentation to the Niagara Rapids
Knights of Columbus Atom B Travel Girls Hockey team. In attendance will be Kassey
Paone; Ashley Desmarais; Jessica Provins; Bianca Camelia; Lindy Finkbeiner;
Lauren Hamilton; Shannon Cornelissen; Stephanie Audibert; Britanny Oliver;
Christyn Colbow; Kyle Macintosh; Kayleigh Boteff; Bianca Anzovino; Jessica Fickel;
Kayla Gibson along with their Coach, Tim Hamilton and Assistant Coach, Mark Botell.
-2-
Novice Junior Ontario Boxin~l Champion
His Worship Mayor Thomson will make a presentation to Bob Benvenuti, who
recently won the Novice Junior Ontario Boxing Championship.
DEPUTATIONS
Mayor's Disability Advisory Committee
Mrs. Paisley Janvary-Pool wishes to address Council regarding "National Access
Awareness Week" which is being celebrated from May 28th to June 3~, 2001.
Brain Injury Awareness
Ms. Jackie Graham wishes to address Council regarding Brain Injury Awareness
and request that Council proclaim June, 2001 as "Brain InJury Awareness Month".
Operation CTL, Hard Hats, Soft Hearts
Mr. Garth McQueen, Manager, Learning Solutions, Canadian Tire Acceptance
Ltd., wishes to address Council regarding Operation CTL, Hard Hats, Soft Hearts, Project
Assistance for the YWCA.
ITEM NO. 2001- 19
PLANNING MATTERS
Public Meeting
Official Plan & Zoning By-law Amendment Application
AM-08/2001, Grand Niagara Resort Corporation
Grassy Brook Road between Montrose &
Morris Roads; 36-Hole Golf Course, Hotel,
Vacation Villas, Conference Centre,
Fitness Centre/Spa;
Agent: Glen Schnarr & Associates Inc.
-3-
Background Material:
Recommendation Report: PD-2001-48
- AND -
Correspondence from Niagara Peninsula
Conservation Authority
Correspondence from CN
Correspondence from Regional Niagara
Correspondence from Regional Niagara,
Planning & Development Department
Mr. John Grassl, Golden Horseshoe Company
wishes to address Council.
ITEM NO. 2001 - 20
Public Meeting
Recommendation Report; Meadow Creek 3
Draft Plan of Subdivision; 26T-11-2001-02;
Zoning By-law Amendment Application;
AM-05/2001; Owner: 527786 Ontario Limited
(Agreement of Purchase and Sale)
Background Material:
Recommendation Report: PD-2001-47
MISCELLANEOUS PLANNING MATTERS
Chair, LACAC Committee
PD-2001-44, Matters Arising from the Local
Architectural Conservation Advisory Committee
(LACAC)
Chief Administrative Officer
PD-2001-46, Recommendation Report
Wiens Estates Draft Plan of Subdivision
File: 26T-11-2001-01;
Owner: Sarah Wiens
ADOPTION OF MINUTES:
REGULAR COUNCIL
Regular Council Meeting of April 30, 2001.
-4-
MAYOR'S REPORTS, ANNOUNCEMENTS, REMARKS
COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
The United Empire Loyalists' Association of Canada, Colonel John Butler
(Niagara) Branch - Re: Proclamation - requesting that Council proclaim the week
of June 17th to June 23~, 2001 as "United Empire Loyalist Week" in Niagara Falls;
and further that the Loyalist flag be flown during that week at City Hall.
RECOMMENDATION: That the request be supported.
Canadian Institute of Management, Niagara District - Re: Proclamation -
requesting that Council proclaim the week of June 18th, 2001 as "The Canadian
Institute of Management Week" and further, that His Worship Mayor Thomson
provide the opening remarks at breakfast on Friday, June 22, 2001 at 8:00 a.m.
RECOMMENDATION: That the request be supported.
Ms. Emma Harper, University of Birmingham, England - Re: Tourist Survey -
requesting permission to carry out a survey of tourists during her visit to Niagara
Falls from June 24th to July 1st, 2001.
RECOMMENDATION: That the matter be referred to staff.
Additional Items for Council Consideration:
The City Clerk will advise of any further items for Council consideration.
REPORTS
RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS
(Alderman Wayne Campbell, Chair)
RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS
(Alderman Victor Pietrangelo, Chair)
COMMUNITY SERVICES MATTERS
1. Chief Administrative Officer CS-2001-05, Concessions in Municipal Arenas.
-5-
2. Chief Administrative Officer CS-2001-06, Junior B Agreement.
Chief Administrative Officer
MW-2001-56, Niagara Public Purchasing
Committee, 2001-T-13, Granular Materials.
Chief Administrative Officer
MW-2001-65, Parking Control Appointment;
Clifton Hill Security Patrol (HOCO Limited)
MISCELLANEOUS MATTERS
Chair, Second Level
Lodging Houses Committee
L-2001-27, Second Level Lodging Houses
Licensing By-law.
RATIFICATION OF COMMITTEE-OF-THE-WHOLE ACTIONS
RESOLUTIONS
BE IT RESOLVED THAT the Council of the Corporation of the City of Niagara Falls
does hereby; request the Minister of Finance to prescribe, by regulation, "heritage"
as a sub-class of properties under the Assessment Act and Ontario Regulation
282/98.
BY-LAWS
The City Clerk will advise of any additional by-laws or amendments to the by-
laws listed for Council consideration.
2001- 92
To authorize an Agreement, dated March 28, 2001, between The Young
Men's Christian Association of Greater Niagara and The Corporation of the
City of Niagara Falls for the purpose of amending a Charge/Mortgage dated
April 2, 1998.
2001- 93
To authorize the execution of an agreement with Russell Masterson Amateur
Athletic Association respecting a licence to operate from the Niagara Falls
Memorial Arena.
2001- 94
To authorize the execution of an agreement with Integrated Municipal
Services Inc. respecting the closure of Mountain Road Landfill.
-6-
2001-95
To authorize the execution of a consulting agreement with Delcan
Corporation respecting the design of the Rolling Acres Storm Outlet Crossing
the Q.E.VV.
2001-96
To appoint Municipal By-law Enforcement Officers for the City of Niagara
Falls,
2001-97
To provide for the licensing, regulating and governing of a class of lodging
houses and lodging house keepers.
2001- 98 To authorize monies for General Purposes (May 14, 2001).
NEW BUSINESS
Community Services Department
Parks, Recreation & Culture
Inter-Departmental Memorandum
To: Dean Iortlda
Mayor's Office
From:
Subject:
April 24, 2001
Lori-Lyn Lightfoot
Community Development Coordinator
Extension 4330
May 14, 2001 Council Presentation to:
Niagara Falls Bantam Boys Red Raiders Basketball Team
TheCltyof ~
Niagara Falls JJ~Jllll~
The Alison Sports Red Raiders Bantam Boys Basketball Team won gold at the Ontario Basketball
Hewlett-Packard Cup in London during a recent weekend in April.
The Bantam Boys Basketball Team were perfect with a 6-0 winning record. The Hewlett Packard
Cup was awarded to the team at the end of the tournament.
The boys range from 12 ~ 13 years of age. Coaches are Carmen DeMizio and Michael Diston.
Carmen DeMizio is the contact and is a teacher at Our Lady of Mount Carmel School. His number
at work is (905) 354-2523 and at home (905) 357-1431.
I have attached the list of team members. The coaches will contact all team members for the council
presentation.
Please prepare the plaques or certificates and place on the Agenda for Council Monday, May 14,
2001.
Thanks.
:11
Encl.
C.c. Woody Wagg, Clerk's Department
Wor~ing TogetOer to Serve, Oar Commnnit~
Community Services Department
Parks, Recreation & Culture
Inter-Departmental Memorandum
To: Dean Iorflda
Mayor's Office
From:
Subject:
April 24, 2001
Lori-Lyn Lightfoot
Community Development Coordinator
Extension 4330
May 14, 2001 Council Presentation to:
Niagara Rapids Knights of Columbus Atom B Hockey Team
The C[~/o1 ~j~
Niagara Falls J~J4~
The Niagara Rapids Knights of Columbus Atom B Travel Gifts Hockey Team recently won the
Ontario Women's Hockey Association Atom B Provincial Championship in Mississauga over the
weekend of April 20 - 22, 2001.
The Rapids tied their first game, then went on to win their next five games. In the final game, the
Rapids edged Orangeville with a 1-0 score.
The girls are between the ages of9-11 and are coached by Tim Hamilton. The Assistant Coach is
Mark Botell and the Trainers are Cheryl Hamilton, Sandra Fickel and Erin McGrath.
The contact for the team is Mary Cornelissen (905) 354-7239.
The team members are listed on the attached page, along with two recent newspaper articles from
The Review and The Standard.
Please include this presentation in Monday, May 14, 2001 Council Meeting and have plaques
prepared. Mary Cornelissen will contact all team members and advise of the date at council.
Thank you.
,&/~ri-L~ Lightfoot
:11
Ends.
C.c. Woody Wagg, Clerk's Department
Wor{~ino To0et~er to Serve Oar Gommunit~
Kayleigh Botell added two and
~ Colbow and Jessie
· Fickel each'h~d one ~sist
· apiece..
· .."-'Atom B Rapids
' ':IVIISS!SSAUGA .~The
Ni~ RaPids Knights of
Coltlmbus ~m B mare wcrc''
· ~' .~,'ed pro~a~ champions,
w~t on to ~ ~ ~
~ sh~out of
~ ~ ~st ph~ ~d
p~e~ed ~ def~
se~ ~ ~ edged
~ P~ne ~d got top
~ ~m ~ ~ton
who ~d f~ go~ ~d one
~pi~p. Shpnnon
WOMEN'S HOCKEY
Rapids win provmcial B title
three goals in a 3-1 win over Cobourg
Niagara Knights of Columbus
Rapids allowed only f~ur goals in
six games as they won the Ontario
Women's Hockey Association atom B
provincial chamPionship in Missis-
anddosed out the round robin by
blanking Akwesame 2~).
Lauren Hamilton was the Rapids'
leading scorer with four goah, while
Shannon Comelissen had three in the
sauga over the weekend, tourney. Brittney Oliver and Lindy
The Rapids edged orangevill~elil~-O in Finkbeiner were the other Niagara
the championship game after s 'pping scorers. Ashley Desmarais chipped in
past Parkhill 2-1 in semifinal action. Athree assists, while Kayla Gibson and
2-1 victory over Cambridge preceded Kayleigh,Botell had two each. Other
the Parkhill win. members of the championship squad
The Rapids opened the tournament by are Chfistyn Colbow, Jessie Fickel, Kyie
battling Durham West ~o a 0-0 draw be- Madnwsh, Bianca Camelia, Bianca An-
hind the goattending of Kassey Paone. zovino, .lessica Provins and Stephanie
The Niagara squad explqded for Audibert:
Community Services Depart~ent . .... . .~-: ... ~
Parks, Recreation & Culture '
Inter-Departmental Memorandum
To: Dean Iorfida May 8, 2001
Mayor's Office
From:
Subject:
Lori-Lyn Lightfoot
Community Development Coordinator
Extension 4330
May 14 Council Presentation to:
Bob Benvenuti - Novice Junior Ontario Boxing Champion
The Clht of
Niagara Fails
Bob Benvenuti, a 16 year old Niagara Fails native, recently became the Novice Junior Ontario
Boxing Champion. Benvenuti won two fights in Barrie, Ontario, and neither fight lasted more than
one round. This has qualified him for an opportunity to move on to the nationals next year.
Bob Benvenuti aiso won a gold medal at the Ray McGibbon Gloves Tournament. The Ray
McGibbon Gloves Tournament is named after a Niagara Fails man who assisted coaching at various
gyms in the Region, aithough he never opened his own club.
Bob Benvenuti has been studying boxing for just over one year. He hopes to go professional at some
point. Currently, a welterweight, he has previously fought in the light middleweight division. He
training involves a five-mile run each day and two or three hours a day in the gym. With this intensive
training schedule and his school work, where he maintains an 80 average, he certainly has an
extremely busy schedule. I have enclosed the article from The Review.
~ori'-I~yn L~ghtf'oOf
End.
c.c. Woody Wagg
Wor[6ng Toge~er to Serve Our Goramrmit$
o$/io/o! '1.4;57 '~90~8 1'08 $~28 CT~T~ U ~]002
OPERATION CTAL
HARD HATS, SOFT HEARTS
What is CTAL?
Canadian Tire Acceptance Limited (CTAL) is the financial services arm of Canadian Tire
Corporation, Limited, the country's most-shopped retailer.
Located in Walland and Burlington, Ontario, CTAL and Its 1,300 employees manage
related financial products and services for Canadian Tire's retail and petroleum
customers.
· As Canada's fifth largest issuer of cradle: cards, CTAL specializes in high volume credit
card processing and credit and information management.
CTAL also supports Canadian Tire's retail activities by managing the Canadian Tire
Credit Cord and Options®MasterCard services, and operating Canadian Tire Auto CJub?~
and marketing other financial and telecommunications products to our customers.
· CTAL was recently voted the number one call cenb'e in Canada_
· CTAL's vision is to create customers for life by providing world-class customer service
and delivering the products and services that Canadlar~ Tire customers value most.
What is the Canadian Tire Foundation for Families?
· The Canadian Tire Foundation for Families is a charitable organization with a clear
objective: helping families when they need it most,
· The Foundation's mission is to provide a helping hand to families in r~eed, ensudng that
life's basic needs are met -- food, shelter, clothing and goods.
- Nationally, the Foundation for Families means both proactive fundraising and reactive
emergency response. It means a crisis respor~se network, ready to go to work in times of
natural disaster or crisis, and ready to fund valued services aimed at recovery efforts.
PLANNING IEETING. HAY 1 ,_ZOO1 _
05/10/01 ~4;~7 ~'905 735 5523 CTAL U
- Recently, the Foundation for Families came to the aid of families facing a boil water alert
in North Batfleford, Saskatchewan, Charlottetown, PEi, Glace Bay, Nova Scotia, and
Walkerton, Ontario, by sending trailers of bottled still water to help them get through the
difficult time.
· It means fundraising efforts that include an annual corporate donation, and community
fundraising events with Canadian Tire Associate Dealers.
· In communities across the country, the Foundation for Families concentrates on meeting
the specific needs of families by proactively raising funds, collecting goods, and joining
with local organizations to help families in need.
· The Foundation for Families has two annual fundraislng initiatives - the Family Tree
program and Spring Fundraising Campaign- that raise money for local charities in
communities right across Canada.
What is Operation CTAL Hard Hats, Soil Hearts?
· Operation CTAL (Committed Together AS Leaders) Hard Hats, Soft Hearts is a one day
event taking place at the YWCA of Niagara Falls on June 21'~. 2001.
· The Management Team at Canadian Tire Acceptance Limited gathers at an offsite every
two years to develop their leadership skills. This year, the team (approximately 100
strongJ has deoided to move the offsite to the YWCA of Niagara Falls to Show their
support for the Foundation for Families and to learn how to be better leaders in the
workplace and in the community.
· Donating a full day of free labour and materials to the Y~NCA, the team will be painting 16
bedrooms and two bathrooms; restoring a storage shed and fen~:e; and completing
general landsoaping.
05/10/01 14:58 "~'S05 ?35 $§23 CTAL U ~o0~
Why support the YWCA?
· The YVVCA is a registered charity for women and children in crisis, They are open 24
hours a day, seven days a weal( to ertsUre the sai'~[~, and well being of women and
children who are struggling to make it each and every day. They also offer community-
oriented programs including pre-school summer camps, fitness programs, and a drop-in
centre for caregivers.
· CTAL has chosen to support the YWCA because they share the Foundation for Families'
commitment to bringing hands and hope to families in need.
· The Management Team believes that Operation CTAL will enable them to develop their
leadership skills while helping to make a ditferance in their community.
Why should other companies consider faking on a similar project?
· This unique type of offsite creates a win/win situation for the company, the charity and the
community.
· Employees spend the day working together towards a common goal and leave with a
sense of pride in themselves and in their employers. While working together, the team
also develops important team-building and leadership skills,
· The charity receives the funds and materials needed to continue to provide critical
services to the community.
The company is seen as socially responsible and a committed member of the community.
.,ogoro Fo,,s
Corporate Services Department
Planning & Development
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city, niagarafalls.on.ca
Tek (905) 356-7521
Fax: (905) 356-2354
E-mail: planning@city.niagarafalls.on.ca
May 14, 2001
Doug Darbyson
Director
PD-2001-48
His Worship Mayor W. Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
PD-2001-48, Official Plan & Zoning By-law Amendment Application
AM-08/2001, Grand Niagara Resort Corporation
Grassy Brook Road between Montrose & Morris Roads
36-Hole Golf Course, Hotel, Vacation Villas, Conference Centre,
Fitness Centre/Spa
Agent: Glen Schnarr & Associates Inc.
RECOMMENDATIONS:
It is recommended that Council approve the Official Plan and Zoning By-law Amendment
application to facilitate the development of a 36-hole, championship calibre golf course with
provisions for a resort facility subject to the following:
the lands being designated Open Space with a Special Policy Area designation and
policies which:
require a full-site Environmental Impact Study to address the Provincially
Significant Wetlands and to examine the opportunites where limited
development may occur such that the overall health and integrity of the wetland
features and functions are maintained;
ii)
allow a portion of the land to be developed as a resort, including a full service
hotel, vacation villas, a conference centre/spa, an administrative office and
related ancillary uses all as integral components of the golf course to an overall
density of 42 units per hectare and a height not to exceed 5 stories;
iii)
recognize existing rural residences, remnant farm dwellings and hobby farms
may continue as permitted uses;
~Forking Together to Serve Our Community
Clerk's Finance Human Resources · Information Systems Legal Planning & Development
May l4,2001 -2- PD-2001-48
b)
the lands along the Welland River and the Lyon's Creek tributary (between Crowland
Avenue and Morris Road) be designated as Environmental Protection in the Official
Plan;
c) the site specific Open Space zone include:
i)
a Holding "H" provision to require the completion of the Environmental Impact
Study and Site Plan Approval before the golf course can be developed, in
addition, a completed air quality study and full municipal services be available
(or alternatively MOE approval, in consultation with the NPCA, of a private
wastewater treatment and disposal system) before any of the resort facilities can
be developed;
ii)
a provision to recognize the existing rural residences, remnant farm dwellings
and hobby farms;
d)
Hazard Land zoning be placed on flood plains and creeks designated as Environmental
Protection;
e)
the development be subject to Site Plan Control to implement the EIS, air quality study,
address traffic impacts, pest management, herbicide/pesticide impacts, grading,
lighting, fencing, servcing, archaelogical resources, etc.
a copy of this report be submitted to the Region as the City's position on the Regional
Policy Plan Amendment requested for Blocks 3 and 4.
PROPOSAL:
An application to amend the City's Official Plan and Zoning By-law has been submitted by the
Grand Niagara Resort Corporation. The amendments are requested for flour blocks of land, totalling
approximately 202 hectares (500 acres), located on the north and south sides of Grassy Brook Road
between Montrose and Morris Roads as shown on Schedule 1. The amendments are requested to
facilitate the development of a 36-hole, championship calibre golf course including a 1,858 square
metre (20,000 square foot) clubhouse; a practice range; a 3-5 storey, 350 room full service hotel;
300 vacation villas (3 storeys); a 1 storey, 465 square metre (5,000 square foot) sales/administration
office; a 2-storey, 1,858 square metre (20,000 square foot) conference centre; and a 2 storey, 1,858
square metre (20,000) square foot) fitness centre/spa. Refer to Schedule 2 for further detail.
REQUESTED AMENDMENTS:
The subject lands have been assembled by the applicant and are described as blocks for the purpose
of this report. Blocks 1 and 2 are currently designated Industrial in the City's Official Plan, with the
exception of areas along the banks of the Welland River, Grassy Brook and Lyons Creek tributary
which are designated Environmental Protection Area. The Industrial designation is requested to be
changed to Open Space with a Special Policy Area designation to guide the development o fthe hotel,
vacation villas, conference centre, fitness centre/spa, administration offices and related uses on Block
1. Blocks 3 and 4 are currently designated Rural/Agricultural (Deferred), with the exception of
Grassy Brook which is designated Environmental Protection Area. The Rural/Agricultural
(Deferred) designation is requested to be changed to Open Space. Blocks 3 and 4 are also subject
to a Regional Policy Plan amendment currently being processed.
May 14, 2001 - 3 - PD-2001-48
Blocks 1 and 2 are currently zoned Rural-Agricultural By-law No. 1538, as amended, with special
provisions which would permit them to be developed for industrial uses and/or a golf course use.
The zoning of these blocks is requested to be changed to a site specific Open Space zone in
accordance with By-law No. 79-200 to only permit the golf course development. In addition, site
specific zoning provisions are requested to be added to part of Block 1 to allow the hotel, vacation
villas, sales/administration office, conference centre and fitness centre/spa. Blocks 3 and 4 are also
currently zoned Rural-Agricultural. The zoning of these blocks is requested to be changed to a site
specific Open Space zone would only permit them to be developed for a golf course. All the creeks
which flow over the land are requested to be zoned Hazard Land in accordance with By-law No. 79-
200.
CIRCULATION COMMENTS:
Information concerning the requested amendments was cimulated to City departments, several
government agencies and the public for comments. The following is a summary of the comments
that have been received.
Municipal Works
The subject land is not serviced with a municipal
water supply or sanitary sewer. The existing water
main on Montrose Road should be extended along
Grassy Brook Road to Morris Road and then under
the Welland River to an existing main on Garner
Road. This will require a Regional Policy Plan
amendment and a cost sharing agreement. The golf
course and club house (Phase 1) can proceed on a
private sewage system. It is preferred that the hotel,
villas, conference facility, and fitness centre be
connected to a municipal sewer system. A south end
sewage treatment facility is being studied. An on-site
private sanitary sewage treatment system is proposed
to service subsequent phases ifa south end plant is not
finalized at the time of development. Various traffic
issues will have to be addressed through the Site Plan
Approval process for each phase of the development.
Building & By-law Services -
Building Permits are to be obtained prior to
construction. The Ontario Building Code
requirements shall be addressed during the Site Plan
Approval process. Niagara Peninsula Conservation
Authority approval is required approvals for
construction within the flood plain or an affected
regulated watercourse.
Fire Department
No objection. Fire Safety concems can be addressed
through the normal Site Plan Approval and Building
Permit processes.
May 14, 2001 - 4 - PD-2001-48
Parks, Recreation & Culture -
Out of 120 woodlots in the City's Urban Woodlot
Study four of these eight forested areas were ranked
16~ and 18th, 38~ retain 66th; the others were
unranked. The developer intends to keep portions of
the forested areas resulting in 50% retention.
Regional Planning
Request that the application be deferred until such
time as the wetland, wastewater treatment and land
use compatibility issue (air quality) have been
satisfactorily addressed. Request that the proponent
be asked to modify their plan to protect the wetlands.
Regional Public Works
Do not oppose a private sewage treatment facility on
site subject to the City ensuring that any agreement
entered into with the developer requires that such
facilities be constructed and maintained at the sole
expense of the owner in perpetuity and that the
necessary approvals from the MOE and other affected
agencies be secured.
A warning clause should be placed on title advising
perspective purchasers of the sites proximity to the
Region's Biosolids Treatment Facility.
N.P.C.A.
Request the application to be deferred until the MOE
has reviewed and confirmed the adequacy of the
proposed method of wastewater treatment, and that
commitments towards construction of adequate
municipal sanitary services are made.
PLANNING REVIEW:
The following is a summary of Staff's assessment of the application:
Approximately one-third of the proposed development is already permitted on Blocks
l&2.
There are existing development opportunities permitted on a portion of the lands east of
Crowland Avenue (Blocks 1 and 2) which are within the Urban Area Boundaries. The
current zoning on Blocks 1 and 2 would permit the development of industrial uses as well
as a golf course with a club house without the need for any further planning approvals.
Therefore, certain development expectations have been established. The applicant wishes
to enhance the development opportunities through the addition of resort style accommodation
and amenities and by extending beyond the urban boundaries, therefore, the amendments
have been requested.
May 14, 2001 - 5 - PD-2001-48
A portion of the lands are classified as Provincially Significant Wetlands which place
a constraint on development.
Regional Niagara reports that portions of Blocks 1 and 2 contain areas of Provincially
Significant Wetlands (PSWs). The Ministry of Natural Resourses classified these wetlands
in the middle of last year. As PSWs there is to be no development or site alteration within
the wetland boundaries. Development and site alteration maybe permitted on adjacent lands
if it has been demonstrated through an Environmental Impact Study that it will have no
negative impact on significant wetland features and functions. As currently designed, the
development proposal would remove between 48% and 82% of three woodlots which contain
PSWs. A redesign of the proposal will be necessary.
3. The Council must have regard to the Provincial Policy Statements.
Blocks 1 and 2 are part of the City's urban growth area and have been for almost 30 years.
Recently, portions of these lands have been identified as containing Provincially Significant
Wetlands for which the Council must have regard in making planning decisions. Although
the developer may have the zoning in place to build a golf course on Blocks 1 and 2, he
would require an exemption from the Region's Tree Cutting By-law or would need to
prepare a Tree Preservation Plan to the satisfaction of the Region before beginning the work.
To do less than this would be ethically irresponsible.
The developer wishes to build more than just a golf course and therefore is seeking Council's
approval. The proposal, as submitted, would destroy large areas of the wet woodlots in which
there is a Provincial interest. However, the development is part of the urban growth area.
Provincial Policy Statements call for efficient cost effective development and land use
patterns which stimulate economic growth. Therefore a careful balance is needed to ensure
environmental health while securing economic prosperity. The balance, staff believe, can
only be determined through the completion of a full-site Environmental Impact Study. This
study would determine the areas of highest sensitivity, areas where development may be able
to encroach, and the ultimate percentages of areas to be preserved together with any
mitigative measures.
In undertaking such a study, priority should be given to preserving and maintaining key
sensitive features, such as rare species, preference should be given to developing in those
areas where there is existing disturbance or openings, in no case should development be
permitted in wetland features which contain habitat of threatened or endangered species.
Special policies to require such studies should be included in the Official Plan amendment
and implemented through the site plan approval process. As these wetlands are in an area
that has been designated for urban use for many years, Regional Planning staff are willing
to consider some flexibility in applying Provincial policy provided that significant wetland
functions are protected.
May 14, 2001 - 6 - PD-2001-48
The request to redesiguate Blocks 1 and 2 from Industrial Open Space generally meets
the intent and purpose of the Official Plan.
Blocks I and 2 are currently designated Industrial in the City's Official Plan with the
exception of the banks of the Welland River, Grassy Brook and Lyons Creek tributary which
are designated Environmental Protection Area. Conventional industrial operations, service
industries, commercial services, corporate and business offices, health and fitness facilities,
are among the uses to be developed on industrially designated land. The land's location has
certain advantages that would make it fairly suitable for business park development that does
not require direct exposure to the Q.E.W.
In considering an amendment to the City's Official Plan Council is to review the conformity
of the proposal to the general objective of the Plan; the suitability of the site area for the
proposed use in relation to other sites or areas of the City; the compatibility of the proposed
use the adjacent land use designations and natural resources; the need for and market
feasibility of the proposed use; the extend to which the existing areas of the City designated
for the proposed use are developed or available for development; the availability of adequate
municipal services and facilities for the proposed use and its impact on the transportation
system, community facilities and natural enjoinment, and the financial implications of the
proposed development. Redesignating the land from Industrial to Open Space is appropriate
for the following reasons:
the City's absorption rate of Industrial land, although not officially documented, is
very low and not anticipated to change in the near future;
it is the City's practice to designate golf courses Open Space throughout the
municipality;
· the land is akeady zoned for a golf course;
· an Open Space designation would better identify the land's intended use;
the land is located adjacent to the Welland River; and crossed by Grassy Brook and
tributaries of Lyons Creek; has a rolling topography; and has a number of wooded
areas which make it an attractive site for a golf course;
the City does not have an inventory of pre-designated sites for golf course
developments;
a golf course in this location would be compatible with existing and future
development on adjacent land as well as agricultural and rural activities to the south
outside of the urban area;
a compilation of feasibility and other key studies (Golf Plus Inc.) submitted with the
application indicate that Niagara has a strong potential to be developed and/or
marketed as a golf destination and the demand for golf courses in Niagara is already
at capacity (i.e. demand is greater than supply). Even with the five new courses
proposed for construction this is expected to continue.
May 14, 2001 - 7 - PD-2001-48
The request to redesignate Blocks 3 and 4 from Rural/Agricultural (Deferred) to Open
Space meets Council's latest intent for the area and is considered appropriate.
Blocks 3 and 4 are currently designated Rural/Agricultural (Deferred) in the City's Official
Plan with the exception of the flood plain for the Welland River abutting Block 4 and a
tributary of the Grassy Brook which flows over Block 3 both being designated
Environmental Protection Area. Although the Rural/Agricultural designation is deferred, it
represents Council's latest intent for the area. The City's Rural/Agricultural policies
recognize that within the Rural area, certain tracts of land may exhibit low agricultural
capability by virtue of soils, topography, environmental constraints, land use relationships
and/or land ownership patterns. Where such areas are physically isolated from active
agricultural operations, consideration may be given to non-farm development proposals such
as recreational developments subject to an amendment to the Official Plan. Such proposals
are to be supported by qualified evidence, demonstrating matters of need, poorer soil
capability, suitability of the site for the proposed development, effect on adjacent properties
and financial impact on the municipality. The requested redesignation has merit for the
following reasons:
An Agricultural Impact Assessment submitted with the application makes the
following conclusions:
The land is CLI Class 3 soils which has the lowest priority for protection
among land considered to be prime agricultural land.
The area is highly influenced by non-farm developments resulting in a decline
in agricultural investment in the area.
Land use in the area is mixed - industrial uses, forest, scrub, cropping,
pasture/forage production, residential, institutional.
Land tenure patterns reflect an urban fringe character. Absentee landowners
and corporations own a high proportion of land in the area.
Most farmsteads in the area are either hobby farms or appear unused.
No negative impacts to significant agricultural operations are expected.
These blocks of land are adjacent to other lands (Blocks 1 & 2) which are already
zoned for a golf course. Therefore, the proposal to develop this land for a second
golf course is considered an acceptable use of the land.
The overall development will create many new employment opportunities and will
support the City's objectives and goals related to the further development and
enhancement of the tourism industry.
The 100 year flood plains of the tributary of Lyons Creek (un-named), between
C, rowland Road and Morris Road, and the Welland River should be designated
Environmental Protection Area to ensure their protection.
May 14, 2001 - 8 - PD-2001-48
The Niagara Peninsula Conservation Authority has engineered flood plain mapping for the
portion of the Welland River abutting the subject property which would be subject to the
Anthority's em'rent Flood plain Management Policies. The Authority has also reviewed
Flood plain mapping prepared by Marshall Marklin Monahan (on behalf of Grand Niagara
Resorts) for the Welland River, Grassy Brook and an un-named tributary of Lyons Creek.
The Authority recommends that the design of the development include a 30 metre (98 foot)
vegetation buffer along the Welland River, which has been identified by the MNR as a
"Critical" Type 1 fish habitat in the location, to prevent erosion and protect and enhance fish
habitat. Grassy Brook and the un-named tributary to Lyons Creek have been identified as
"Critical" Type 1 and "Important" Type 2 fish habitat, respectively. These watercourses
should be protected with a 15 metre (49 foot) buffer on either side of the watercourse as
recommended by the applicant's consultant. The westerly portion of the tributary of Lyons
Creek (west of Crowland Avenue) is not designated Environmental Protection Area.
Likewise, only a portion of the north property limit along the Welland River is designated
Environmental Protection Area. Designating this creek section and those areas along the
Welland River boundary would better ensure the protection of these watercourses in
accordance with the policies of the City's Official Plan.
The request to allow the development of the hotel, vacation villas, conference centre,
fitness centre/spa, administration offices and related uses should be directed through
the application of a Special Policy Area designation and policies.
The hotel, vacation villas, sales/administration offices, and conference centres are requested
to be allowed on the land through the application of Special policies. The request has merit
for the following reasons:
A new development trend in the golf course industry is the provision of
accommodation and time-share units.
· The proposed facilities are integrated with the golf course.
The site is large enough to site the hotel and vacation villas having regard for the
separation criteria of MIACC Risk Guidelines associated with the Cytec industrial
operation on the north side of the Welland River, west of Garner Road.
Opportunities exist to provide an appropriate separation distance between the
existing E.S. Fox industrial plant.
The proposal would not serve to preclude the expansion of existing or future
industries in the area given the separation distances.
The most recent study on vacation ownership in Canada (1993) provides an
indication that the vacation ownership market in Canada is growing.
Vacation ownership companies believe that the Niagara Region offers excellent
potential for vacation ownership, especially coupled with world-class golf facilities
in a resort like setting.
May 14, 2001
- 9 - PD-2001-48
The surrounding rural residences, remnant farm residences and hobby farms should
be included in the amendment, in the interest of eliminating future land conflicts and
to better reflect existing land uses.
Blocks 1 and 2 surround several rural residences, remnant farm residences and hobby farms
which are designated and zoned permitting them to be developed for industrial uses. It is
staff's opinion that these industrial opportunities should not be allowed to be realized if the
golf course resort is developed because land use conflicts would result. Blocks 3 and 4
surround several rural residences and hobby farms which are designated Rural/Agricultural
(Deferred) and zoned Rural-Agricultural. In the interest of comprehensive planning these
properties should also be included in the amendment. The amendment would recognize the
current use of these properties and allow them to continue indefinitely or allow them to be
sold and developed as part of the golf course resort in the future.
The requested site specific Open Space zoning should include a holding "H" provision
requiring the completion of the EIS and Site Plan Approval before the golf course is
developed and the completion of the EIS and air quality study, services being available
and Site Plan Approval before the hotel, vacation villas and the urban uses are
developed.
The golf course and resort facilities should be redesigned with regard to the Provincially
Significant Wetlands. In addition, the long term sewage treatment system for the resort uses
has yet to be determined. The Official Plan allows Council to specify land use in the zoning
by-law and to use a holding provision until conditions have been met. Holding provisions
can be used to study design criteria for development and to address servicing issues. Studies
pertaining to wetland features and air quality sill affect the design of the development. Long
term municipal services are being studied, private sewage systems will necessitate reports
and provincial approvals. Because of the numerous issues that remain outstanding the
amending by-law should include a holding "H" provision requiring the completion of the
EIS, be redesigned in accordance with the recommendations and secured through Site Plan
Approval before the golf course is allowed to develop. Similarly, the hotel, vacation villas
and associated uses should be subject to the holding provision and not allowed to develop
until the EIS and Air Quality Study is completed, redesign is secured through Site Plan
Approval and the requisite water and sanitary systems available.
10. The development should be made subject to Site Plan Control.
The proposed development is intended to be phased. The first phase involves the
construction of the golf course (36 holes) and the clubhouse which will take two years. The
second phase will involve the start of the hotel, conference centre, fitness centre/spa and the
first vacation villas building, all to be completed concurrent with the completion of the golf
courses. The following phases complete the hotel and progress with the build out of the
vacation villa blocks. The program represents six building phases over a six year period.
Many outstanding issues remain unaddressed. These issues including the implementation
of the EIS, air quality study, traffic impacts, sedimentation and erosion impacts, pest
management impacts, the preservation of rare species, stormwater management, herbicide
impacts, grading, lighting, servicing, archeological resource concerns, etc., and will have to
be addressed after the requested amendments have been approved. The Site Plan Approval
process will have to ensure that all of these issues are adequately addressed before the "H"
is removed from the Zoning By-law and the various phases of the development are allowed
to proceed.
May 14, 2001 - 10 - PD-2001-48
CONCLUSION:
The proposed golfcourse and resort facility would create a new destination oriented development in
the south end. Growth in the tourism sector continues to be an important part of the Region's
economy. The merits of the proposed development must be weighed against the need to preserve
Provincially significant wetlands, the ability to provide sanitary and municipal water services and
to accommodate traffic patterns generated by the use. Sufficient protections must be put in place to
safeguard the interests of the community, province and future users of the site. In this regard a
number of studies are required to be completed which will result in changes to the layout submitted.
Further, the use of special policies in the Official Plan and Holding provisions mechanisms by which
to control and phase development of the golf course and resort facilities. The scale of development,
its location and the constraints dictate that Council use all available planning controls to regulate this
proposed development.
Prepared by:
K. Mech
Planner 2
Respectfully submitted:
Edward e. [~us~t~g ~] / t~
Chief Administrative Officer
Recommended by:
~Doug Darbyson
irector of Planning & Development
Approved by:
Tony Rav'enda ! ~/
Executive Director of Corporate Services
Attach.
S 5PDR~2001 ~PD200148.wpd
SCHEDULE 1
LOCATION MAP'
Subject Land
Amending Official Plan & Zoning By-law No. 79-200
Part of Lots 1,2,3,4,5 &6
and Part of the Road Allowance
Between Lots 2 and 3
Broken Front Concession
Former Township of Crowland,
now the City of Niagara Falls
Grand Niagara Resort Corporation
AM-08/2001
I:NTS
SCHEDULE 2
u.I
11/01 FRI 10:15 FAX 9057881121 NPCA __. ~002
NIAGARA PENINSULA
£ONSERVAIION
A U T H 0 R ! T Y
May 11,2001
File MPR 4.18.21
Mr. Doug Darbyson
Director of Planning and Development
City of Niagara Falls
City Hall
4310 Queen Street
Niagara Falls. ON L2E 6X5
Dear Mr. Darbyson:
Subject:
Additional Comments Re: Burside Servicing Repo~
Application for Zoning Bylaw and' Official Plan Amendment
Grand Niagara Golf Resort, Grassy Brook Rd.
Your File AM-08/200'I
.Via Fax
RECEIVED
MAY 1 1 2001
PLANNING
& DEVELOPMENT
Authority staff have now completed a detailed review of the "Servicina Report For Grand Niagara Resort"
prepared by Burnside Golf Services for the Grand Niagara Resort development, These comments pertain
directly to the servicing proposal for this development and are intended to be an addendum to our May 4th
comments recently forwarded to you.
Given that there is no municipal sanita~, servicing available to this area, the report outlines a private wastewater
treatment and disposal system which incorporates a "spray irrigation" component. The design proposes storage
of the treated effluent in the irrigation ponds during frost months, MOE approval is required for this system
given the estimated quantity of wastewater generation. The report explains that the proposed system is
"modular" in design and will be expanded to accommodate future phases lie. the hotel/resort area).
As discussed in our previous comments to you, The Conservation Authority completed the WVeiland River
Watershed Stretef:ly" in October of 1999. The purpose of the study was to identify specific issues with
associated options and to develop a comprehensive strategy to restore the health of the We[land River
Watershed. Several resource management issues were identified in the watershed including poor water quality,
a lack of diverse riparian/wetland habitat, and a lack of good management practices in farm and non-farm
situations. Such issues have prompted Authority concern with private sewage systems for developments of
this magnitude. Particularly. the disposal methods identified in the servicing report and the lack of any firm
commitment to ultimately construct a municipal sanita~ service to this site are of major concern.
The Authority's position on this matter is In keeping with the Watershed Strategy Implementation goals and the
Remedial Action Plan for the Niagara River. Given the environmentally sensitive areas identified adjacent the
Welland River. Grassy Brook Creek. and the Lyon's Creek tributary, Authority staff would ask that Council defer
decision on the proposed.Official Plan and Zoning Bylaw Amendment until the Ministry of the Environment has
reviewed and confirmed the adequacy of the proposed method of wastewater treatment and, that specific
committrnents towards construction of adequate municipal sanitary services are made.
11/01 FRI 10:19 F.~X 90~7881121 NPCA ~003
Such deferral would also be requested to allow Authority staff the opportunity to discuss the details of the
proposed disposal of the treated effiuant with the developers consulting engineer.
Trusting the enclosed to be satisfactory, please send notice of your Council's decision.
Watershed Planner (ext. 234)
PEB
cc: Mr, Don Campbell, Regional Niagara Planning and Development Dept. (fax @ 905-641-5208)
Mr. Doug Cherrington, Manager Servicing Review and Approvals, Regional Public Works
NIAGARA PENINSULA
CONSERVATION
~1~ A U T H 0 R I T Y
250 Thotol~J Ro~d WeSL 3Id FIoo~ Tel ~9o5)
May4,2001
k,/~L .C I,R4rv-~5~ oo1
File MPR 4.18.21
Mr. Doug Darbyson
Director of Planning and Development
City of Niagara Falls
City Hall
4310 Queen S~eet
Niagara Falls, ON L2E 6X$
Dear Mr. Darbyson:
Subject:
Application for Zoning Bylaw and Official Plan Amendment
Grand Niagara Golf Resort, Grassy Brook Rd.
Your File AM-08/2001
Via Fax
Conservation Authority staff have reviewed the above noted application for Zoning By-law and O~cia{ Plan
amendment and offer the following comments and observations for your public meeting on Monday May 14th,
2001.
The applications propose to re-zone and re-designate approximately 202 ha (500 acres) of vacant
rural/industrial land to permit development of a 36 hole golf course with clubhouse, a 350 room hotet, a 300 unit
resort villa, a sales/administration office building, a conference centre, and a fitness spa.
The preperty is abutted to the north bythe Welland River, and is traversed by Grassy Brook, and ar~ un-named
tributary further south on the lands, Accordingly, the Authority's objectives would pertain to pretecting life and
preperty from the effects of flooding, minimizing soil eresion and sedimentation while ensuring the natural
integrity of these water courses. The Authority has engineered floodplain mapping for the portion of the Welland
River abutting the subject property, which would be subject to the Authority's current Floodplain Management
Policies. Conservation staff have also reviewed Floodplain mapping prepared by Marshall Macklin Monahan
(on behalf of Grand Niagara Resorts) for Part of Lots 1-6, BF of the Welland River, Grassy Brook, and an un-
named tributary of Lyon's Creek,
The At~thority's Floodplain Management Policies do not allow for the placement of new structural development
within rivedne floodplain areas. Structural development in flood risk areas is limited to reconstruction or minor
additions to existing buildings or additions to pdmary agricultural operations only, A work permit from our
agency would be required for these types of development actMties.
Portions of the properly (abutting the Welland River) are also located within a fill-regulated area. Fill lines define
lands where the contrel of flooding, pollution, or the conservation of land may be affected by the placing or
dumping of fill. A work permit is required from the Conservation Authority for the placement of fill within a fill-
regulated area.
The Authority has recently completed the "VVelland River Strategy". This report recognizes the importance of
buffers along watemourses and recommends a 30m buffer to prevent erosion, cool water temperatures for
fisheries, etc. The design of the golf course should incorporate this 30m vegetative buffer along the Welland
River, which has been identified by the Ministry of Natural Resources as a "Critical" Type 1 fish habitat at this
location. This portion of Grassy Brook has also been identified as a 'Critical" Type 1 habitat. The un-named
tributary to the south is an "Important" Type 2 fish habitat. These watercourses should be protected with a
~15m" buffer as recommended in the Burnside floodplain reporth Authority staff note that the full length of
Grassy Brook crossing the subject property and the easterly section of the un-named tributary (east of Crowland
Rd.) to the south is currently designated as "Environmental Protection Area". The westerly portion of the
tributary (west of Crowland Rd.) is not designated Environmental Protection. Likewise, only a portion of the
north property limit along the Welland River is designated Environmental Protection Area. Designation of this
remaining creek section and those areas along the Welland River boundary to Environmental Protection are a
logical approach to ensure the protection of these watercourses in accordance with the policies of the City's
Official Plan. Particularly, polices 12.3 and 12.10 provide guidelines consistent with the goals of the
Conservation Authority to ensure compatible and responsible development adjacent to sensitive watercourses
and wetland areas. In light of these matters, Authority staff would request that the proposed Official Plan
Amendment include the re-designation of those areas noted herein to "Environmental Protection Areas". The
limit of the Environmental Protection Area should coincide with the 100 yr. floodline generated for Grassy Brook
and the un-named tributary in the "floodline Analysis for the Grand Niagara Resort" FJoodline Study prepared by
Burnside Golf Services, BDS File PB99009 dated October 2000. This Floodline Report has been reviewed and
approved by the NPCA.
It should also be noted that the NPCA has entered into an agreement with the Federal Department of Fisheries
and Oceans (DFO) to undertake proposal screening for that agency. Accordingly, projects involving work in or
near watercourses which may have the potential to cause a harmful alteration, disruption or destruction to fish
habitat (HADD) are referred to DFO for their review and approval pdor to approvals being issued by the
Conservation Authority. A copy of the Environmental Impact Assessment report for the Grand Niagara Resort
(received from the developer) has been forwarded to DFO for their review and comment. Their review of the
report is expected to be completed shortly and staff will contact the developer and municipal planning staff
directly to discuss the comments.
Through discussion with municipal planning staff, it is our understanding that all of this development will be
designated a site plan control area subject to section 41 of the Planning Act. As such, Authority staff wiJl provide
more detailed input and comment on Fisheries issues (through the DFO), lot grading and stormwater
management design, and actual layout of the golf course itself in relation to Authority interests adjacent the
existing watercourses identified herein. Authority staff is also aware, through discussion with the Region, that
issues relating to Provincially Significant Wetlands on this property will be re-visited in light of new information.
In summary, the Niagara Peninsula Conservation Authority has no objection to the proposed amendments
subject to the following:
That the Official Plan Amendment be revised to include the designation of the westerly portion of the
un-named tributary (west of Crowland Rd.) and Grassy Brook to a limit including the 100 yr.
floodplain and 15m setback (identified in the Burnside Report), and those sections of the subject
property adjacent the Welland River (to a depth of 30m) noted in our comments above to
"Environmental Protection Area".
Trusting the enclosed to be saUsfactory, please send notice of your Council's decision.
Yours truly,
Watershed Planner (ext. 234)
PEB
cc:: Mr. Don Campbell, Regional Niagara Planning and Development Dept. (fax @ 905-641-5208)
MAY 11 '01 09:26~M CMRP TORONTO P.1/1
FAX: 905-356-2354
Nr, Doug Darbyson
Director ol' Planning and Development
City of Niagara Falls
43Z0 Queen Street
Niagara Falls, Ontario 1.2E 6X5
8th Floor
277 Front Street West
Toronto, Ontario MSV 2X7
9 May 200Z
Your File: AH-08/200!
Dear Hr, Darbyson:
Re: Proposed Official Plan and Zoning By-law Amendment
Part Lots ! to 6, and Part of the Road Allowance between Lots 2 and 3,
Broken Foot Concession, Crowland
We have reviewed your letter dated ~.2 April 200;3., regarding the above no,ed
application. The subject property is in proximity to the Canadian Pacific P. ailway, we
therefore have no comment.
Geoff Woods
Development Review Coordinator
(416) 217-6961
PLANNING MEETING. ,,HAY '1 ZD01
REGIONAL MUNICIPALITY OF I
tvIEMORANDUIVI
DATE:
TO:
FROM:
SUBJECT:
May 9, 2001
Don Campbell
Planning and Development Department
D, K. Cherrington, C.E.T.
Manager of Engineering Planning and Development
Official Plan and Zoning By-law Amendments
Proposed: Grand Niagara Golf Resort
Ox~azor, G~and Niagara Corpotutiou (Ed Longllouse)
Area bound by Weliand River, Biggar Road/Canadian
Railway, Morris Road and E.S. Fox Limited
In the City of Niagara Falls.
Our File: D.10.000.2 (AM-08/2001 NF)
Pacific
We have reviewed the above-noted amendments, which will facilitate a large development
comisting of:
· two championship golf courses and practice range
· full-service hotel and collfercnce centre
resort vacation villas
' : " ECEIVED
HAY 1 0 2001
· filxiess centre and sales/administration office ?~ ;k,x;':'0ft~G
This development will initially rely upon a private sewage trcatmefi~ a~octate:
development. Accordingly, any approval should be contingent upon the developer securing the
necessary approvals from the Ministry of the Environment and other affected government
agencies, prior to proceeding.
Thc following additional comments are provided:
1) g.rvieing
As indicated previously, the scrvicine rel~nrt
the Grand Niagara Resort, acknowledges limitations in the downstream sewer system,
thereby necessitating the construction of the private sewage treatment facility on site.
For the record, the sewage problem relates to excessive wet weather flows entering the
sanitary sewer system for which the City has yet to eliminate these extraneous flows or
provide the necessary storage. However, we would note that this year's reserve
PLANNING MEETING MAY I q Z~OI__
Don Campbell
Planning and Development Department
May 9, 2001
Page 2
capacity calculations for the Niagara Falls Water Pollution Control Plant, shows that
this treatment facility ha~ adequate capaatty to accornrnodntc this piolau,al, if necessary.
Notwithstanding, the servicing report recommends that the Grand Niagara Resort
proceed with the construction of a new sewage rreatmeo, t plant and diepoeaJ o2,,atcm'
mdc*pendent of any existing or neighbourhng systems, which will have the dual benefit
of expediting the project and providing a source of irrigation for the golf courses and
other landscaped areas.
We do not oppose this interim/possible long-term arrangement for the treatment of
sewage subject to the City ensuring that any agreement entered into with this developer
require~ that *neb facility be conotrUeted and mrdntMncd at thc sole ~xk, cn~c of tile
(subsequent) owner(s), in perpetuity and that the necessary approvals from the MOE
and other affected agencies be secured, Also the sewer sy.qmm ehmfid be degigned to
accommodate the possibility of a municipal sewer connection in the future. In this
regard, the Region is currently undertaking a Master Servicing Strategy Plan for the
Reginn. whleh con~ider~ this area and itc. fimtre m,,n~.'.~.pal Lax~-rastru,*t.~ ~,Huh.~uat~tt:~'
Should a murdcipal collection system be ultimately the preferred arrangement, the
de¥clop~r alxould b~- x~qub, c. aJ tu COIlIICCL tO Sallie, wilco requestea tat their cost) with
associated abandonment of their package treatment facility as the Region is pursuing a
strategy of eliminating small discreet treatment systems.
This site is located south of the Region's Garner Road Biosolids Treatment Facility.
Our information indicates that this development is located in excess of 400 metres away
from om' facility, which is tn keeping l~itZ~ tl~e ML~ deeign guidelines. We would
request howv¥cr, fl~at an Euvlroumental Impact Stutly Be unclertalcen by the owner to
address noise, odour and air emissions associated with the operation, current and
proposed of the nearby Regional facility. The owner will be responsible for all costs
associated with undertaking and implementing the recommendations of such study.
Further, we would request that a warning clause be placed on tine advising perspective
purchasers of the location of the Garner Road facility, noting that certain unpleasam
odours and noise from the c~per~tion of thi~ facility may be prevalent from ti~ac to thxic.
With respect to water supply, the servicing report indicates that the existing municipal
system near fins property is adequate for their purposes. In this regard, we would note
that the Regional Master Servicing Plan will also be addressing the trunk distribution
needs for the City (and this area) with recommendations for fUture capital works
projects as deemed necessary Also, the effluent from the future private sewage
treatment plant and propoood t.~king of water from th~ Wellitu0t River SI1OUICI meet me
irrigation needs of the proposed golf courses and landscaped areas, without using any
potable water from the municipal system.
May 9, 2001
Pag~ 3
2)
Transportation
The s~bject develnpment does not abut any ]Regional road,vlii; howcvor, a TraiTlc
./mpact Study undertaken by Transtec for Grand Niagara Resort. indlr~t~g that road
~mprovemencs will be required to the nearby road system, which will involve Regional
Roads 91/ and 47 (Montrose Road and Biggar Road/Lyons Crock Road re.~peefively).
We are in agreement with the recommendations of the study and would request that any
approval given to this development include a requirement that the developer enter into
an agreemant with the Region for payment of their appropriate share of such road
works. Also, if road improvements are to be phased, the Region must be in agreement
with such arrangement and the City must ensure that subsequent approval of phases not
proceed without the completion of the appropriate road works being undertaken.
In conclusion, we anticipate that this proposed development will have a significant benefit to
the City, as-well, as -have a substantial affect upon municipal services. Inasmuch as
servicing report indicates that a private sewage treatmcnt facility and disposal system will be
required to facilitate development at this thnc (duc to identified duwnstream sewer system
limitations), it would appear reasonable and prudent to have the developer secure the necessary
approvals for same, prior to the City issuing further approvals for this development.
D. K. Cherrington, C.E.T.
Manager of Engineering Planning and Development
DKC/cm
c: B. Mclnnis
C. Brcic
J. Cousins
K. Mech, Planning Department, City of Niagara Falls
G. Holman, l~nginccring Depsnment, City of Niagara Falls
P, Bond, Niagara Peninsula Conservation Authority
R. Vickcrs, Ministry of thc Euvh'umnent, Niagara District Office
~, woNiagara
rks .
q~/09/O1 WED 11:23 FAX 905 641 8205 REG NIAGARA PL~uNNING W001
Nlra
May 9, 200'~
File: PF-OPA-0015
PF-ZA-0053
D.13.RE.am-159
M.11.12
Mr. Doug Darbyson, MCIP, RPP
Director of Planning and Development
City of Niagara Falls
4310 Queen Street
Niagara Falls, Ontario, LOS 1T0
PLANNING AND DEVELOPMENT DEPARTMENT
The Regional Municipality of Niagara
3550 Schmon Parkway, P.O. Box 1042
Thorold, Ontario L2V 4T7
Telephone: (905) 984-3630
Fax; (905) 641-5208
Eomaih plan~regional.niagara.on.ca
Feuilleh de ~nsm/ssion par Ml~cop[eur
Post-it' Fax No{e ~m
Dear Mr. Darbyson:
Re;
Proposed Zoning By-law and Official Pian Arr~endments
Grand Niagara Golf Resort
City of Niagara Falls
City File AM-08/2001
These proposed Amendments would permit the development of a golf resort on the south
side of the Welland River between Montrose Road and Morals Road. On the eastern
portion of the site, east or' Crowland Avenue, the proposal would involve the development of
an 18 hole golf course, hotel, resort vacation villas, conference centre, fitness centre/spa
and ancillary buildings. This portion of the site is within the Urban Area Boundary. On the
western portion of the site a second 18 hole golf course would be constructed. These lands
are located outside the Urban Area Boundary. The Regional Planning Department currently
is reviewing an application for a Regional Policy Plan Amendment to permit the
development of a golf course on the western portion of'the site.
The lands within the Urban Area Boundary are designated Industrial in the City's Official
Plan, with the exception of certain lands designated Environmental Protection along the
Welland River, Grassy Brook and a tributary of Lyons Creek. The proposed Amendment
would redesignate the Industrial lands as Open Space. A Special Policy Area designation
would be added to guide the development of the resort complex. The lands to the west of
Crowland Avenue, outside the Urban Area, are designated Rural/Agricultural (Deferred).
The application requests that these lands be redesignated Open Space.
The lands within the Urban Area are zoned Rural-Agricultural with special provisions which
would permit them to be developed for industrial uses and a golf course. The application
proposes that these lands be placed in an Open Space zone as amended to permit them to
be developed only for a golf course. In addition further site specific zoning provisions are to
be included to regulate the development of the resort complex. The lands outside the
Urban Area currently are under a Rural-Agricultural zoning which does not permit golf
courses. It is proposed that this be changed to a site-specific Open Space zoning which
would only permit golf course development. All of the creeks that cross the site are to be
zoned Hazard Land.
PLANNING MEETING
Q5'/09/01 WED 11:24 FAX 905 641 5208 REG NIAGARA PLANNING [~002
2
This development has many attractive features from a Regional point of view. There am
some major issues that need to be addressed before approval of these Amendments is
considered, however, in particular:
· Protection of Provincially significant wetlands; and
· The proposed private wastewater treatment system.
A healthy natural environment is important to the quality of life we enjoy here and the
attractiveness of Niagara for economic development. The Regional Planning Department
therefore would request that consideration of the local Official Plan and Zoning By-Law
Amendments be deferred to allow time for these issues to be satisfactorily addressed.
REGIONAL REVIEW COMMENTS
Regional Planning Department
As noted above, the lands east of Crowland Avenue are within the Urban Area Boundary
and currently are designated for industrial use. The City of Niagara Falls has an ample
supply of land designated for industrial use within its Urban Area Boundaries. At the same
time, tourism is a growing and increasingly important sector in the Region's economy.
Accordingly, the proposed development of a golf resort on this site appears to be
acceptable from a Regional planning perspective, subject to confirmation that acceptable
methods of servicing have been established and subject to compliance with Provincial
planning interests as discussed later in this letter.
The lands to the west of Crowland Avenue are shown as Good General Agricultural in the
Regional Policy Plan. The Regional Planning Department currently is reviewing a Regional
Policy Plan Amendment application which would permit the development of a golf course as
a non-agricultural use in an agricultural area under Policy 6.A.8. This review will involve
consideration of the issues to be addressed in our review' of the local Amendments.
The watermain that is required to serve this development would extend west along Grassy
Brook Road from Montrose Road to Crowland Avenue. Thus it would be located within the
Urban Area. The City's Public Works staff have recommended that this watermain be
extended west along Grassy Brook Road to Morris Road and then looped north across the
Welland River to connect to an existing watermain. The section west from Crowiand Road
would be located outside the Urban Area Boundary. If the City decides to proceed with this
proposal it might be dealt with under Policy 6.B.5 of the Regional Policy Plan which
provides for looping of existing mains when needed for operational reasons.
Regional Public Works Department
The Regional Public Works Department currently is reviewing these applications and will
submit its comments separately.
Regional Public Health Department
This development will be served by piped municipal water. As the private wastewater
treatment and disposal system is to handle over 10,000 litres per day it will require Ministry
of Environment approval, The Public Health Department thus does not have a direct
interest in these applications.
Q$~09/01 ~D 11:2S FAX 905 641 $205
REG NIAGARA PLANNING
3
~ 003
PROVINCIAL REVIEW COMMENTS
M_inistry of Natural Resources
Provincially Significant Wetlands
The subject lands contain several woodlots. An Environmental Impact Study (ELS) was
prepared for this application but unfortunately it did not identify the significance of these
woodlots as wetlands, Meanwhile the three woodlots located on the eastern part of the site
were classified as Provincially Significant Wetlands by the Ministry of Natural Resources
(MNR) in the middle of last year, well before the ElS was completed. This timing would
seem to have allowed the project the opportunity to protect these woodlots in completing
the final design. The ElS does identify Provincially rare tree species in these woodlots but
even this seems to have been given little consideration in the design of this project.
The Provincial Policy Statement indicates that there is to be no development or site
alteration within Provincially Significant Wetlands. Development and site alteration may be
permitted on adjacent lands if it has been demonstrated that it will have no negative impact
on significant wetland features and functions. The development as currently proposed
would remove large parts of these three woodlots. Over 80% of the woodlot on the noah
side of Grassy Brook Road would be removed, As these wetlands are in an area that has
been designated for urban use for many years, Regional Planning staff are willing to
consider some flexibility in applying Provincial policy provided that significant wetland
features and functions are protected. The current development plan clearly is not
consistent with the intent of Provincial Policy however. Moreover it would remove a woodlot
that is habitat for provincially rare black gum trees and in which approximately 25% of the
canopy is provincially rare pin oak.
Regional Planning staff have discussed this policy issue with City staff, the Ministry of
Natural Resources and the applicant. After careful consideration Regional Planning staff
would request that the proponent be asked to modify their development plan to protect the
Provincially Significant Wetlands. This modification should be based on a revised
Environmental Impact Study prepared in accordance with guidelines to be provided by the
Region and the City. These guidelines should provide a measure of flexibility while insuring
that significant wetland features and functions are protected.
This Department also would request that, once an acceptable design has been developed,
the wetlands and adjacent buffer areas:
1) be designated Environmental Protection Area in the City's Official Plan; and
2) be zoned to prevent development and site alteration, possibly through a special
Hazard Land zoning.
Fish Habitat
The site is located adjacent to the Welland River. which has been identified as Critical (Type
1) fish habitat by MNR. Niagara Peninsula Conservation Authority staff have noted in their
comments that the Authority's Welland River Strategy recommends that a 30 metre buffer
be maintained to prevent erosion and protect and enhance fish habitat. A copy of the
Authodty's comments is attached, At present only a portion of the shoreline along the
Og/09/01 WED [1:25 F.~X 905 641 $208 REG NIAGARA PLANNING ~004
4
Welland River is designated Environmental Protection Area. It is requested that a buffer a
minimum 30 metres in width along the River be designated Environmental Protection Area
and placed under a special Hazard Land zoning to prevent development and site alteration.
A wider buffer may be appropriate where the lands slope down steeply to the River.
The site is crossed by Grassy Brook and by a tributary of Lyons Creek. Grassy Brook has
been identified as Critical fish habitat by the Ministry of Natural Resources. The Lyons
Creek tributary has been identified as Important (i.e., Typ. e 2) fish habitat. The lands along
Grassy Brook are designated Environmental Protection Area in the City's Official Plan but
the Lyons Creek tributary has only been given this designation east of Crowland Road.
Regional Planning staff would request that the section of the Lyons Creek tributary between
Crowland Road and Morris Road also be designated Environmental Protection Area.
Conservation Authority staff have supported a 15 metre buffer along these watercourses.
The Region's Ecological and Environmental Advisory Committee (EEAC) has
recommended a 15 metre buffer on each side of each creek, measured from the centre line
of the creek. The Conservation Authority has requested that the Official Plan Amendment
be revised to designate buffer strips along these watercourses as Environmental Protection
Area to a limit including the lands within the 100 year floodplain for these creeks and the 15
metre setback proposed in the Servicinq Report Regional Planning staff support the
Authodty's request. In addition the Regional Planning Department requests that these
lands also be placed under a speclal Hazard Land zoning preventing development and site
alteration.
Ministry of th~ Environment
Wastewater Treatment and Disposal
The Servicing Report indicates that oapacity is not avaialble in the municiapl system to
handle the wastewater generated by this development. It recommends that a pdvate
wastewater treatment and disposal system be used to service the development.
Wastewater generation for the ultimate development is estimated in the Servicino Reeort to
be a maximum of 580,000 litres per day. Thus this system will require Ministry of
Environment approval. It would be prudent to ensure that the development can be serviced
with a private wastewater system before considering approval of these applications. The
Regional Planning Department therefore would request that these applications be deferred
until such time as the Ministry of the Environment has provided written confirmation that this
method of providing for wastewater treatment and disposal is acceptable.
Permit to Take Water for Irrigation
The Servicing Report estimates that up to 3800 m3 of water per day will be required to
irdgate the golf course. The Report indicates that the applicants envision that most of the
water needed will be taken from the Welland River, This will require a Permit to Take Water
from the Ministry of the Environment. The Regional Planning Department would
recommend that these.applications be deferred until the Ministry has provided assurance in
writing that a Permit to Take Water may be granted.
Stormwat®r Management
The Environmental Impact Study (ELS) notes that there may be indirect impacts on fish
habitat if the golf course development results in changes to the quantity or quality of runoff
05,/09/01 WED 11:26 FAX 905 641 5208
REG NIAGARA PLANNING
~005
that is directed to the watercourses. The ElS recommends that a grading plan be developed
that mimics pre-development conditions. The Servicinq Report notes that the resort area is
likely to generate increases in peak stormwater flows.
The Regional Planning Oepadment would request that, pdor to the approval of the site plan
agreement, the owner be required to submit a detailed stormwater management plan for the
development to the satisfaction of the Niagara Peninsula Conservation Authority and the
Regional Planning Department for review and approval. The stormwater management plan
is to be completed in accordance with the Ministry of the Environment documents entitled
Stormwater Manaqement Practices, Planninq and Desiqn Manual June 1994 as revised,
and Stormwater .Ou.a.!it¥ Guidelines for New Develol)ment, May 1991, and endorsed by a
suitably qualified Pro[essional Engineer. Furthermore, the owner is to agree in the site plan
agreement to implement the approved stormwater management plan.
Land Use Compatibility
Within the vicinity there are several land uses that may be sources of noise, dust and/or
odours: the E.S. Fox plant to the east; the rail line running along the south side of the
property; and, on the north side of the Welland River, the Region's sludge transfer lagoons,
the Power Grow composting operation and the Cytec plant. The time share condominiums
in the resort complex are sensitive land uses that may be impacted by noise, dust and
odour from industrial operations and transpodation facilities. These potential impacts
should be assessed before consideration is given to replacing the Industrial designation
with an Open Space designation that would permit development of the golf resort. It
therefore Is requested that the owner be required to have an air quality study, prepared by a
qualified consultant, for review and approval by the Regional Planning Department before
approval of these applications Is considered.
Ministry of Tourism, Culture and Recreation
This site exhibits a high potential for the discovery of archaeological resources. This
evaluation is based on the site's location adjacent to the Welland River and on the presence
of the smaller watercourses crossing the site. In addition, known archaeological sites are
located along Grassy Brook and the tributary of Lyons Creek. Therefore it is requested that,
under the site plan agreement, the owner be required to carry out an archaeological
assessment of the subject property and mitigate any adverse impacts to any significant
archaeological resources found through preservation or resource removal and
documentation. Furthermore, the site plan agreement should specify that no grading or
other soil disturbances take place on the subject property prior to the Regional Planning
Department and the Ministry of Tourism, Culture and Recreation confirming that all
archaeological resource concerns have met licensing and resource conservation
requirements.
CONCLUSION
The development of a golf resort at this location would support the growth of Niagara as a
golf destination. It also would be consistent with the emphasis in the Regional Policy Plan
on encouraging development to the south of the Escarpment. There are some major issues
that need to be addressed, however, before approval of these Amendments is considered,
in particular:
· Proteotion of Provincially significant wetlands; and
95/I)9/01 RED ~1:27 FAX 905 641 S208
PEG NIAGARA P~NNING
006
· The proposed private wastewater treatment system.
The development as currently planned would involve the removal of significant portions of
provincially significant wetlands on the site. It is recommended that the owner be asked to
redesign the development to protect these wetlands. The Regional Planning Department
would request that consideration of the local Official Plan and Zoning By-Law Amendments
be deferred until such time as the wetland, wastewater treatment and land use compatibility
issues have been satisfactorily addressed.
If you have any questions or require additional information please contact Don Campbell,
Planner in this Deparbnent.
Yours truly,
Dire~i~or ~f Planni~
Enclosure
Cc'
Mr. Cad Brawley, Glen Schnarr & Associates
Ms. S. Mclnnes, Niagara Peninsula Conservation Authority, Welland, ON
Mr. L. Halyk, Ministry of Natural Resources, Guelph District Office
Mr. J. Durst, Ministry of Natural Resources, Vineland Area Office
Ms. B. Ryter, Environmental Planner, Ministry of the Environment, Hamilton
Mr. N. Ferris, Ministry of Toudsm, Culture and Recreation, London
Mr. G. Holman, City of Niagara Falls Public Works
Mr. D. Charrington, Regional Public Works
Mr. D. Beresh, Regional Public Health
The C.y of
Niagara Falls I1~,~
Can l f
Corporate Services Department
Planning & Development
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls,on.ca
Tel: (905) 356-7521
Fax: (905) 356-2354
E-mall: planning@city.niagarafalls.on.ca
His Worship Mayor W. Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
May 14, 2001
Doug Darbyson
Director
PD-2001-47
Re:
PD-2001-47, Recommendation Report
Meadow Creek 3 Draft Plan of Subdivision 26T-11-2001-02
Zoning By-law Amendment Application AM-05/2001
Owner: 527786 Ontario Limited
(Agreement of Purchase and Sale)
RECOMMENDATIONS:
It is recommended that:
1)
the Meadow Creek 3 Plan of Subdivision be draft approved subject to the conditions
in the attached Appendix;
2)
the Mayor or designate be authorized to sign the draft plan 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;
3)
draft approval be given for three years, after which approval will lapse unless an
extension is requested by the developer and, subject to review, granted by Council; and
4)
the application to amend the Zoning By-law be approved as detailed in this report to
provide the necessary land use regulations to guide the development of the subdivision
and townhouse portion of the plan.
PROPOSAL:
The applicant proposes to subdivide a 2.994 hectare (7.4 acre) site into 39 single-detached lots
(including 2 lots with existing dwellings - 4492 & 4510 Kalar Road) and a block for 19 townhouse
units. The property is on the east side of Kalar Road, south of Costabile Drive and north of Marcon
Street (see the attached location map). The roadway is an extension of Barrett Crescent in a cul-de-
sac design. There are 7 new lots with direct access to Kalar Road. The townhouse development
would have driveway access to Costabile Drive. The proposed subdivision layout is shown on
Schedule 2.
Working Together to Serve Our Community
Clerk's · Finance Human Resources Information Systems Legal Planning & Development
May 14, 2001 - 2 - PD-2001-47
The site is currently covered by 3 zoning classifications - R2 (Residential Single Family and Two
F~unily), R4 (Residential Low Density, Grouped Multiple Dwellings) and a small section R1E
(Residential Single Family) through Zoning By-law 79-200, as amended. The applicant has
requested a zoning change for the single-detached lots to a modified R1E (Residential Single Family)
category to increase the minimum floor area for the dwellings, provide attached garages, and reduce
the from yard setback for 3 lots along Kalar Road. A modified R4 (Residential Low Density,
Grouped Multiple Dwellings) zone is requested for the townhouse development providing reductions
to lot frontage, building setbacks and building separation standards and specifying each unit shall
have an attached garage. Schedule 3 illustrates the preliminary site plan for the townhouse block.
BACKGROUND:
The Planning Act requires that a Public Meeting be held to receive input on subdivision proposals
prior to making a decision. Council held the Public Meeting for this plan on April 9, 2001. There
were no members of the public at the meeting and no letters of concern have been submitted. The
required Public Meeting for the zoning amendment is satisfied through tonight's meeting and
provides another opportunity for public comment.
PLANNING REVIEW:
Various matters were considered in assessing the proposed plan of subdivision and zoning;
amendment. Based on this analysis, approval is recommended subject to appropriate conditions
associated with urban development and with modifications to the requested zoning amendment. The
review of the applications is addressed under the following headings.
Official Plan and Secondary Plan
The City's Official Plan designates the property Residential which permits a variety of housing types.
The Official Plan policies are refined through the Northwest Secondary Plan (1982) in which the
conceptual land use schedule indicates low density residential, open space and medium density
housing in the general area of the current application. The land use pattern in the area has emerged
in keeping with the principles of the Secondary Plan.
The subdivision represents the final phase of development for this residemial neighbourhood.
Surrounding land uses include new and proposed single-detached homes in the Parkwood Estates
subdivision to the north and Meadow Creek subdivisions to the east. Single-detached dwellings
exist to the south on Marcon Street. The Urban Area Boundary is located along Kalar Road with
rural and residential uses to the west. The Official Plan and Secondary Plan promote a compatible
mix of housing types and variety of lot sizes to provide a full range of housing opportunities. This
subdivision contributes to the mix of low density housing and multiple residential development
planned in the community. The overall subdivision should be compatible with the existing and
future development in the area. Specific compatibility issues regarding the townhouse portion o fthe
plan are discussed later in the report.
May 14, 2001 - 3 - PD-2001-47
Subdivision Design
Land approved for a 35 unit townhouse development within the Meadow Creek Phase 2 subdivision
(see Schedule 4) is included in this proposal. The linear design of the approved townhouse block
has direct access to Kalar Road and a pedestrian/emergency access to Costabile Drive. Through the
review of the earlier subdivision plan, alternative designs for the development of the area were
discussed with the applicant regarding street patterns and locations for the multiple residential use.
While not an ideal situation due to the length of the townhouse component of the plan and the extra
deep lots that would result in the future on the land to the south, the Meadow Creek 2 design was
acceptable. The current application provides a more efficient lotting scheme for the land shown as
the extension of Barrett Crescent and eliminates the long townhouse block. The tradeoff for these
improvements are a longer dead end roadway, more lots fronting on Kalar Road and a very narrow
entrance to the townhouse land. Considering the approved land use pattern of the surrounding
developments, the general subdivision layout is appropriate.
There are emergency access concerns with the subdivision design. The Official Plan includes a
policy that internal streets terminating in a cul-de-sac shall not normally extend beyond 150 metres
(492 feet). The length of Barrett Crescent from Francesco Avenue to the bulb portion is
approximately 230 metres (755 feet). The proposed townhouse block only has a narrow driveway
entrance from the street and will be surrounded on all sides by development. A connection between
the cul-de-sac and townhouse block would address these safety issues for both segments of the
subdivision. Given the proposed layout shown for the townhouses, an emergency access in the area
of Lot 21 is requested as a condition of approval.
Zoning Amendment - Single-Detached Lots
The majority of the subject land is presently zoned R2 permitting single and semi-detached dwellings
depending on lot size. The abutting Meadow Creek 2 plan has R1E (Single Family Residential)
zoning with special provisions to increase minimum floor area and require an attached garage. The
applicant has requested the same standards be applied to this subdivision. In addition, a reduced
front yard setback of 4.0 metres (13.1 feet) compared to the standard 6.0 metres (19.1 feet) is
requested for Lots 31, 32 and 33 on Kalar Road. Previous road widenings in front of these lots were
greater than the widening now required by the City. The requested setback for these 3 lots will
provide a consistent front yard depth for the new homes on Kalar Road within the plan. The
requested zoning standards are supported.
Zoning Amendment - Townhouse Development
The configuration of Block 40 is unique having very little street frontage and surrounded by single-
detached lots. A reduction in the lot frontage requirement is requested from the R4 standard of 30
metres (98.4 feet) to 9.8 metres (32.2 feet). The driveway has access to Costabile Drive which is a
minor collector roadway serving the area and capable of handling the anticipated traffic volumes
from the 19-unit project. The emergency access connection noted previously will address safety
concerns. Buffering and fencing along' the driveway will be necessary at the site plan review stage
with respect to possible impacts on the abutting single-detached lots. The lot frontage reduction is
also acceptable in view of the area lot layout.
May l4,2001 -4- PD-2001-47
Reductions have been requested to permit the sidewalls of the end units as shown on Schedule 3 to
be located 2.25 metres (7.4 feet) from the property boundary. The zoning by-law assesses yard
requirements based on the relationship of the property to the street. The normal setback is 7.5 metres
(24.6 feet) for a rear yard and half the height of the building for a side yard. There should be a
distinction between the yard requirements at the perimeter of the town_house development depending
on the orientation of the town_house unit. Rear yard areas of the units should provide the minimum
zoning standard (7.5 metres) for a suitable amenity area and privacy separation from the surrounding
single-detached dwellings. The requested setback of 2.25 metres for the side yard areas of end units
is greater than requirements for a 2 storey single-detached dwelling (1.8 metres/5.9 feet) and is
supported.
Separation between buildings within the development allows for privacy of the occupants (window
views between units) and also, in part, determines the internal design of the site (vehicle
manoeuvring areas, parking, front yards of units). The applicant proposes a reduced separation
distance of 10.0 metres (32.8 feet) between the townhouse buildings where both exterior walls have
windows of habitable rooms - 15.0 metres (49.2 feet) is the zoning standard. Based on the submitted
preliminary site plan, the affected windows between buildings are not directly across from each
other, therefore, the separation is not as critical from a privacy standpoint. However, the turnaround
area on the plan shown with the 10.0 metre separation is not acceptable for fire truck movements.
The applicant submitted a revised concept with dimensions to accommodate a fire truck turning
radius. This revised drawing indicated a 12.5 metre (41.0 foot) separation between the buildings
which is an appropriate zoning requirement.
Overall, with the recommended zoning provisions noted in this section, the townhouse development
should provide amenity and privacy for the residents, and be compatible with the surrounding single-
detached lots.
Regional Comments
Standard conditions for servicing have been requested by the Regional Public Works Department
to allow development of this subdivision. The Regional Planning Department has reviewed the
proposal with regard to the Regional Policy Plan and also the interests of the Ministry of Municipal
Affairs and Housing, Ministry of Environment, Ministry of Natural Resources and Ministry of
Citizenship, Culture and Recreation. The subdivision provides single-detached lots and townhouse
units with the potential for affordable housing. No concems have been identified by the Region.
Agency Comments
Canada Post has indicated that the lots on Barrett Crescent and townhouse units will be served by
Community Mailboxes. Door-to-door delivery will be extended on Kalar Road. In addition, the
developer will be required to enter into separate agreements with several utility companies.
CONCLUSION:
The Meadow Creek 3 Draft Plan of Subdivision with the modifications and specified zoning
standards is an appropriate development of the site. The application complies with the policies of
the Official Plan and is consistent with the principles of the Northwest Community Secondary Plan.
May 14, 2001 - 5 - PD-2001-47
The development should be compatible with the existing and proposed uses in the area. The
requested zoning by-law amendment with the changes detailed in this report will provide suitable
regulations for the construction of the dwellings. The required conditions of approval are listed in
the Appendix.
Richard Wilson
Planner 2
Respectfully submitted:
Edward P. Lustig'~''-~ '~
Chief Administrative Officer
Recommended by:
~l~oug Darbyson
Director of Planning & Development
Approved by:
Executive Director of Corporate Services
RW:gd
Attach.
FILE: S 5PDR~200 l ~PD2001 ~17.wpd
May 14, 2001
-6-
APPENDIX
PD-2001-47
Conditions for Draft Plan Approval
Approval applies to the Meadow Creek 3 Draft Plan of Subdivision prepared by Matthews,
Cameron, Heywood - Kerry T. Howe Surveying Ltd., dated February 8, 2001, showing 39 lots
for single-detached dwellings and Block 40 for townhouse development.
The developer enter 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.
10.
The developer submit a Solicitor's Certificate of Ownership for the subdivision land to the City
Solicitor prior to the preparation of the Subdivision Agreement.
The subdivision be designed and constructed in accordance with the City's Subdivision Policy
which, in part, includes the following:
a) construction of 8.0 metre wide roadway pavement with a 14.0 metre wide pavement
radius on the cul-de-sac bulb;
b) dedication of the road allowance to the City as public highway and the street named to the
City's satisfaction;
c) provision of an appropriate daylighting triangle;
d) dedication of a road widening (Block 41) to the City along the east side of Kaiar Road;
e) provision of water distribution, sanitary sewer and storm sewer systems including amajor
and minor storm sewer design concept;
f) major stormwater flows directed to the overland flow route which includes Block 61,
59M-207 and land in the abutting subdivisions to the northeast; and
g) application of the City's Lot Grading and Drainage Policy.
The developer construct a 1.5 metre wide sidewalk on the east side of Kalar Road abutting the
subdivision land.
The developer pay the Development Charges in force at the time of execution of the
Subdivision Agreement.
The existing 0.3 metre reserve at the present terminus of Barrett Crescent (Block 23, 59M-273)
be dedicated to the City as public highway.
The developer grant the City and Public Utilities any easements required to service the
subdivision.
The developer pay the City cash-in-lieu of 5% parkland dedication (excluding land credited
through previous subdivision applications and Lots 37 & 38 containing existing dwellings).
May 14, 2001 - 7 - PD-2001-47
11. The developer provide boulevard trees in accordance with City policy.
12.
The developer receive final approval from the City to the zoning by-law amendment to provide
land use regulations to guide the development of the subdivision.
13.
The developer provide three calculated plans prepared by an Ontario Land Surveyor and a letter
to the City's Planning and Development Department confirming that all lots comply with the
Zoning By-law.
14.
The developer provide six copies of the pm-registration plan to the City's Planning and
Development Department and a letter stating how all the conditions imposed have been or are
to be fulfilled.
15.
The design drawings for the water, sanitary sewer and storm sewer facilities for this plan be
submitted to the Regional Public Works Department for review and approval.
16.
The developer obtain Ministry of Environment Certificates of Approval to the satisfaction of
the Regional Public Works Department for the necessary servicing for this development.
17.
Immediately following notice of draft plan approval, the developer submit a letter to the
Regional Planning Department acknowledging that draft approval is not a commitment of
servicing allocation by the Region as this servicing allocation, if available, will be assigned at
the time of final approval of the subdivision for registration.
18.
Immediately following notice of draft plan approval, the developer provide the Regional
Planning Department with a written undertaking that all offers and agreements of purchase and
sale which may be negotiated prior to registration of this subdivision shall contain a clause
clearly indicating that a servicing allocation for this subdivision will not be assigned until the
plan is granted final approval for registration, and a similar clause be inserted in the subdivision
agreement between the developer and the City.
Clearance of Conditions
Prior to granting approval to the final plan, the City's Planning and Development Department requires
written notice from applicable City Departments and the following agencies indicating that their
respective conditions have been satisfied:
Regional Niagara Public Works Department for Conditions 15 and 16
Regional Niagara Planning and Development Department for Conditions 17 and 18
Revised Condition:
The developer design and construct the water supply, hydrant location, access to Block 40
and radius of the cul-de-sac bulb to the satisfaction of the City of Niagara Falls Fire
Department.
Proposed Plan of Subdivision &
Zoning By-law Amendment Application
Meadow Creek 3
26T-11-2001-02 & AM-05/2001
Location
Subject Land
1 :NTS
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
The City of
Niagara Falls
Canada
Local Architectural Conservation Advisory Committee
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Tel: (905) 356-7521
Fax: (905) 356-2354
E-maih nfplan@city.niagarafalls.o n.ca
Kathy Powell
Chair
PD-2001-44
May l4,2001
His Worship Mayor W. Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: PD-2001-44, Matters Arising from the Local Architectural
Conservation Advisory Committee (LACAC)
RECOMMENDATION:
It is recommended that the matters arising from the Local Architectural Conservation Advisory
Committee be endorsed.
MATTERS ARISING:
Fair Municipal Finance Act and Heritage Properties
The Committee reviewed correspondence (attached) fi.om Regional LACAC Association and
Emie Eves (former Provincial Finance Minister) whereby the enactment of the Fair Municipal
Finance Act permits the Minister of Finance to prescribe various "Classes of property" for
assessment purposes. Several Provincial heritage associations and a number of municipalities
have asked that the Minister of Finance include "heritage properties" as a new classification
under the Act. Such a change would not necessarily mean that the municipality would charge
a lower rate of tax for heritage properties, but provides a tool whereby this could occur.
Niagara Falls LACAC ~:ealizes that there are very few incentives for owners of heritage
properties to maintain and improve their properties. Heritage structures, because of their unique
architectural features and age, often require specialized restoration practices which are more
costly than off the shelf home fix-it products.
Marcel Beaubien, MPP, Lambston-Kent-Middlesex was recently appointed to conduct a review
of operations of the Ontario Property Assessment Corporation. The final report byMr. Beaubien
has been submitted to the Minister of Finance, James Flaherty (excerpt attached). Mr. Beaubien
recommends immediate action to create heritage buildings as a sub-class under the Assessment
Act.
Wor~t~ To~t~r to ~roe Oltr Commla~li£~
May l4,2001 -2- PD-2001-44
LACAC recognizes the need to provide incentives to protect the heritage resources of the City.
There are currently 29 properties designated as heritage sites in the City. It is recommended that
City Council adopt a resolution to request that the Minister of Finance act on the
recommendation of Mr. Beaubien to include "heritage properties" as a class of property for tax
purposes. The effect of this resolution is simply to add this class to the list and does not commit
the City to charge a lower rate of taxes for heritage properties. That would be a topic for future
discussions for which a process would be followed.
2. Designated Property Grant Program
There are currently no Provincial incentive programs to encourage homeowners to restore
designated heritage properties. The Ontario Heritage Act, Section 39(1) authorizes City Conncil
to pass by-laws to make available a grant or loan to the owner ora property designated under Part
1V of the Act for the purpose of paying the whole or any part of the cost of alteration at such
terms as may be prescribed.
The City of St. Catharines has initiated a Heritage Grant Program for designated properties there.
The annual budget for the program is $10,000 with a maximum annual grant of $1,000 per
property owner. The owner must match or better the grant funding for restoration of
architectural elements and features.
LACAC believes a similar program in Niagara Falls would encourage owners of heritage
properties to expand maintenance efforts to include restoration of damaged or missing details.
LACAC recommends that a Committee involving Finance, Planning and Building staff
members, and one or two aldermen, be established to investigate the possibility of establishing
such a program for Niagara Falls for the 2002 budget year.
3. Heritage Conservation Districts - Identification Study
The Ontario Heritage Act provides that municipalities can designate groupings of properties or
specific areas as Heritage Conservation Districts. Such districts would be recognized because
of common characteristics, historical context or both. Heritage Districts usually would convey
a sense of time, place or event which is worthy of protecting. Niagara Falls LACAC believes
that there are a number of potential districts in the City because of the early municipal structure
(i.e. Drummondville, Chippawa, Elgin, Stamford) and historical events (i.e. Battles). The
Committee would like to identify the potential heritage districts through a study.
The Samuel and Saidye Bronfman Foundation provides grants of up to $5,000 matching funds
for special initiative projects. LACAC wishes to submit a funding application for a project to
determine potential heritage districts using research funds available in the LACAC account. The
study would identify those areas of special interest and their boundaries. In this way, LACAC
would be able, in the future, to recommend the possibility oftmdertaking a Heritage District Plan
Study as provided under the City's Official Plan. This would be the beginning stage of a very
lengthy process.
May l4,2001 -3- PD-2001-44
CONCLUSION:
LACAC is seeking the concurrence of City Council to request the Minister of Finance to establish
heritage properties as a class for the purposes of assessment, to authorize staff to investigate a
Designated Property Grant Program; and seek funding to examine the potential of heritage conservation
districts.
Respectfully Submitted:
Kathleen Powell, Chair
Local Architectural Conservation Advisory
Committee
S 5P DRY2001XPD200144.wpd
RESOLUTION
WHEREAS the Fair Municipal Finance Act provides that the Minister of Finance may, by
regulation, add to the Classes of property established for tax purposes;
WHEREAS it is desirable to have heritage properties designated under the Ontario Heritage
Act included and as sub-classes contained in the Classes of property under the Assessment Act;
and
WHEREAS the Honourable Marcel Beaubien, MPP Lambton-Kent-Middlesex, has
recommended immediate implementation to amend the Assessment Act to create heritage as
sub-clauses;
THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the City of
Niagara Falls does hereby;
REQUEST the Minister of Finance to prescribe, by regulation, "heritage" as a sub-class of
properties under the Assessment Act and Ontario Regulation 282/98.
L.A.C.A.C.
March 23rd, 2001.
At the present time there are no incentives for heritage property owners or
developers to restore or designate their properties. In the U.S. there have been
government incentives tied into the income tax act since 1966; these provide
heritage property owners with a tax credit of 20% on certified restoration costs; we
have nothing like this in Canada. 1990 figures show that we, in Canada keep, at the
most, 0.15% of our buildings, compared with 3.5% in the United States. Over 20%
of our built heritage has been lost in the last 30 years !
Since heritage tourism is so important to our future in Canada, the protection and
restoration of heritage buildings makes good economic sense. Many advantages
come with conservation/restoration, such as:
1) Extended economic lifespan and a wise reuse of resources;
2) Opportunities for training of skilled workers and private sector job creation;
3) Economic benefit to the community through tourism;
4) Contribution to a clean environment.
(60% of our landfills are loaded with building materials !)
5) Historic buildings provide a touchstone to the past; they are part of the fabric of
our communities.....remnants of the character and grandeur of days gone by.
We have been lobbying the Minister of Finance for some time to get a new class of
property called "Herita~,e Buildin~,s" under Section 7 (2) of the Fair Municipal
Finance Act (Assessment Act amended). As noted in th6 Minister's letter (copy
attached), Marcel Beaubien has been appointed to conduct a review of the operations
of the Ontario Property Assessment Corp., including a comprehensive review of the
regulation which defines property classifications. He Wl~! be in,~i;.;.,g su',.~,,issions
from property taxpayers and muni~ipaliUes. Information on how to make
A new class of property and hence a different rate of tax, would be an excellent
incentive to owners or developers of heritage properties. Many of us have
downtowns which need revitalization - here is a way to help. We would ask you to
enlist the support of your Council, your local MPP, and make a submission to the
Minister in favour of this new class of building.
Famela J. Minns
att. Secretary Treasurer.
62 Cafleton St.South
Thorold, Ont. L2V 2Al
Ph: 905 227-5899
Fax: 905 227-85~o6ca1 Architectural Conservation Advisory Committee
Ministry of Finance Minist~re des Finances
Office of the Minister Bureau du ministre
Frost Building South ~difice Frost sud
7 Queen's Park Cres 7 Queen's Park Cms Ontario
Toronto ON MTA IY7 Toronto ON M7A 1Y7
Tel (416) 325-0400 T61 (416) 325-0400
Fax (416) 325-0374 T~l~c (416) 325-0374 "~f/'/~Z'
January 9, 2001 ~itA ~le
Ms. Pamela J. Minns
secresary- Treasurer '
Niagara Regional Local Architectural ~-'e
Conservation Advisory Committee
62 Carleton Street South
Thorold ON L2N 2Al
Dear Ms. Minns:
Thank you for your letter on behalf of the Niagara Regional Local
Architectural Conservation Advisory Committee about the property
tax treatment of heritage buildings in Ontario.
I have noted your comments and I appreciate being provided with a
copy of your magazine article "Preserving Our Past for the
Future". I have forwarded them to ministry staff for their
review.
I certainly acknowledge your interest in protecting and promoting
the architectural and historical heritage of Ontario. In recent
years, we have heard from many property owners and heritage
organizations who are interested in promoting heritage
conservation and suggesting ways to approach this issue. Staff
from the Ministry of Finance and the Ministry of Citizenship,
Culture and Recreation continue to review these suggestions and
are currently considering the appropriateness of tax relief for
heritage buildings through the property tax system.
You may be interested to know that my colleague, Marcel B~aubien,
M~P T,~mbto~-Ke~t-Mid~lese~ has been a~peinted to conduct a
review of the operations of the Ontario Property Assessment
Corporation, including a comprehensive review of the regulation
which defines property classifications. As announced on
December 12, 2000, Mr. Beaubien will be inviting submissions from
property taxpayers and municipalities. Information on how to
make submissions will be available shortly on the Ministry of
Finance website at www.gov.on.ca/FIN/english/ptaxeng.htm.
I appreciate having this matter brought to my personal attention.
Yours S%~cerely,
Ernie Eves, Q.C.
Minister of Finance
c: Mr. Marcel Beaubien, MPP
Submitted to
The Honourable 3ames Flaherty
Minister of Finance
Prepared by
Marcel Beaubien, NPP
Lambton-Kent-Middlesex
April 2, 2001
This review of the municipally-controlled and funded Ontario Property Assessment
Corporation (OPAC) and the regulations goveming property assessment classifications in
Ontario found that property taxpayers in every class of property have significant concerns
that warrant immediate attention.
While there has been some confusion over the past few years about ~hether the provincial
government or municipalities are responsible for the delivery of assessment services, there
is no mistaking the dissatisfaction that taxpayers have expressed about the quality of
assessment services.
In general, property taxpayers stated that OPAC is failing to provide adequate customer
sen/ice to property owners and that it is more focused on the needs of municipal tax
collectors than it is on the needs of taxpayers. Many attributed this problem to the
governance framework in which OPAC operates, noting that OPAC is fully accountable to
municipalities and not at all accountable to its taxpaying customers.
While it is true that municipalities, which rely on property taxes for almost all of their
revenue, have a major stake in the operations and performance of OPAC, taxpayers also
have a stake in the quality of OPAC's services. In fact, property taxpayers pay for OPAC's
operations through their municipal taxes and they demand that OPAC's practices and
services fairly reflect the needs of those investing in Ontario's communities, businesses
and industries.
This report recognizes that the needs of
municipalities and taxpayers must be
balanced in order to ensure that OPAC can
meet the objectives of both. Municipalities
and property taxpayers have a common
objective of an effective, fair,
understandable and accountable
assessment system. This is also the key
objective of the government's assessment
and property tax reform.
The many individual property
taxpayers and taxpayer
organizations consulted durin9 this
review have provided a clear
message that the government must
~e a~ion ~o address ~robl¢ms in
the assessment process.
This objective can best be met by maintaining OPAC as an independent corporation but
changes are required to introduce balance and enhance accountability to taxpayers.
This report contains a set of recommendations intended to create a balance in the system
by recognizing that OPAC must be accountable to municipalities, property taxpayers and
the Government of Ontado.
Repe~t on the Review o! the ProperO/ Assessment PrOcess
It recommends that the OPAC's Board of Directors be reconstituted to include taxpayer
representation. Recommendations regarding the OPAC Board are tied to
recommendations on OPAC's funding and a recommendation that municipalities should
not be permitted to opt. out of OPAC, in order to ensure that quality assessment services
are available consistently and province-wide.
These recommendations respond to important conoems raised by property tax, payers from
all over Ontario. They are proposed as a cohesive package of changes that will allow
OPAC to build on its successes and to get on with the business of providing the highest
quality assessment services to its municipal and property taxpayer customers. The
recommendations should be considered as a package, because taken individually, they
may not complete the job of putting OPAC back on track.
The report also examines municipal and taxpayer ideas and concerns about Ontario
Regulation 282/98, which defines property classification for assessment purposes.
Recommendations for the regulations reflect the need for cladficafion and amendments
~'anging from the classification of heritage buildings to the assessment of mine tailing sites.
This package of recommendations identifies opportunities for immediate action as well as
issues that require additional review and consultation.
The many individual property taxpayers and taxpayer organizations consulted during this
review have provided a clear message that the government must take action to address
problems in the assessment process. This report proposes a set of recommendations
intended to restore accountability to the system and to address the regulatory 'issues that
have arisen as assessment and property tax reform moves forward.
Report on the Review of the ProperO/ Assessment Process
Rec, mmendafions J or Zmmediate :implementation
Herftago Prope~ie$
To encourage the restoration and preservation of heritage buildings, proposals have been
made by municipalities and historical societies for the creation of sub-classes or a new
property class to enable municipalities to apply a reduced tax rat~ to hedtage properties.
A reduced tax rate would help offset the extraordinary costs associated with the
maintenance of these buildings and it would encourage the designation artd restoration of
additional heritage stnJctures.
Recommendations:
14.
Amend the Assessment Act to create "heritage" sub-classes for each of the
commercial, industrial, multi-residential and residential cla~ses. These sub-classes
should be optional (i.e., municipalities could choose whether or not to adopt any of
the sub-classes) and it would be up to each municipality to establish a percentage
tax reduction for the sub-classes,
15.
When defining the new sub-classes under O. Reg. 282/98, it is recommended that
property would only be eligible for inclusion in the sub-class if it is designated under
the Ontario Heritage Act as being of architectural or historical value, and if the
.building is designated in its entirety ,',i.e. the maintenance of an old facade on a new
building would not render the new building eligible for the sub-class).
Mine Tailings
There are stdct rules under the Mining Actgoveming the decommissioning of mine sites
and the restoration of the natural habitat. These rules are designed to ensure public safety
and to preserve the natural environment.
Mine taJli,ngs, which are the rock fragments that remain after minerals have been extracted
from the ground during mining operations, are usually covered with water or buried under
earth. Mine tailing sites sometimes have special features such as dykes to prevent mn-off.
Historically, mine tailing sites have been classified as "vacant commercial" land. However,
some municipalities have begun questioning this treatment and efforts are being made to
treat these sites as "occupied industrial" properties (likening mine tailing sites to storage
facilities).
Report on the Review of the Properly Assessment Process
¸17
Corporate Services Department
Niagara Fails
Planning & Development
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Tel: (905) 356-7521
Fax: (905) 356-2354
E-mail: planning@city.niagarafalls.on.ca
May l4,2001
His Worship Mayor W. Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
PD-2001-46, Recommendation Report
Wiens Estates Draft Plan of Subdivision
File: 26T-11-2001-01
Owner: Sarah Wiens
RECOMMENDATIONS:
It is recommended that:
Doug Darbyson
Director
PD-2001-46
1)
the Wiens Estates Plan of Subdivision be draft approved subject to the conditions in
the attached Appendix;
z)
the Mayor or designate be authorized to sign the draft plan 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; and
3)
draft approval be given for three years, after which approval will lapse unless an
extension is requested by the developer and, subject to review, granted by Council.
PROPOSAL:
The applicant proposes to subdivide a 1.609 hectare (3.976 acre) site into 19 single-detached lots.
The property is bounded by McMicking Street, St. Patrick Avenue, Brock Street and St. George
Avenue (see the attached location map). The lots would have direct access to the existing municipal
roadways. The proposed subdivision layout is shown on Schedule 2. The site is zoned R1C
(Residential Single Family) through Zoning By-law 79-200 which would permit the plan.
BACKGROUND:
The Planning Act requires that a Public Meeting be held to receive input on subdivision proposals
prior to making a decision. Council held the Public Meeting for this plan on March 19, 2001. Area
residents spoke at the meeting and submitted letters concerning drainage, road reconstruction,
sidewalks and burying overhead services. These residents have been advised of tonight's meeting.
Working Together to Serve Our Community
Clerk's Finance Human Resources Information Systems Legal Planning & Development
May 14, 2001 - 2 - PD-2001-46
PLANNING REVIEW:
Various matters were considered in assessing the proposed plan of subdivision. Based on this
analysis, approval is recommended subject to typical conditions associated with urban development.
The review of the plan is addressed under the following headings.
Official Plan and Zoning By-law
The City's Official Plan designates the property Residential which permits a variety of housing types.
The subdivision is located within the Stamford Community in an area that contains predominately
single-detached dwellings of various ages and styles. There is a church and cemetery to the east and
a school to the west. The Official Plan promotes a compatible mix of housing types and lot sizes to
provide a full range of housing opportunities. This proposed infill subdivision should be compatible
with the established neighbourhood.
The site and surrounding area is zoned R1C (Residential Single Family) through Zoning By-law 79-
200. This zoning category requires a minimum lot frontage of 15 metres (49.2 feet) and minimum
lot area of 550 square metres (5920 square feet). The plan provides a range of lot sizes that exceed
these standards and are larger than most of the surrounding properties.
Servicing, Roadway Improvements and Sidewalks
There are municipal watermains on the abutting streets that should be adequate for the subdivision.
A combined sanitary/storm sewer presently serves the area. This new development requires the
construction of a storm sewer with sections to be oversized to serve the larger neighbourhood
through a cost sharing agreement between the developer and City. The existing combined sewer will
revert to a sanitary sewer.
Municipal Works staffhave met with area residents and the developer to discuss street and sidewalk
design options for the plan. The bordering roadways have sufficient right-of-way widths but will
require reconstruction to current standards with curbs and gutters. The developer and City need to
enter into a cost sharing agreement for this work. Sidewalk locations in new developments are
determined based on anticipated need and connections to existing and future sidewalks. Abutting
this subdivision plan, there are presently sidewalks on one side of 3 of the streets while St. Patrick
Avenue has no sidewalks. The proposed road reconstruction will require the relocation of the
existing sidewalk in the west boulevard of St. George Avenue. Affected landowners on St. George
Avenue and the developer have agreed to move the sidewalk to the east side of the road adjacent to
the new subdivision. A sidewalk is also recommended on the west side of St. Patrick Avenue.
Regional Comments
The Regional Planning Department has reviewed the proposal with regard to the Regional Policy
Plan and also the interests of the Ministry of Municipal Affairs and Housing, Ministry of
Environment, Ministry of Natural Resources and Ministry of Citizenship, Culture and Recreation.
The site has low archaeological potential and there is likely no contamination associated with the
past greenhouse/agricultural use. Standard conditions for servicing allotment are requested.
May 14, 2001 - 3 - PD-2001-46
Agency Comments
Canada Post has indicated that the existing door-to-door delivery provided for the adjacent homes
will be extended for the subdivision. In addition, the developer will be required to enter into separate
agreements with several utility companies.
CONCLUSION:
The Wiens Estates Draft Plan of Subdivision is an appropriate development of the site. The
application complies with the policies of the Official Plan and the land is currently zoned to permit
the proposed single-detached use. The development should be compatible with the existing uses
in the area. The required conditions of approval are listed in the Appendix.
Prepared by:
Richard Wilson
Planner 2
Re~2P °,. t, full~ s~u,bmitted:
~dl: ;~rAd ~ 'm iL~:ttirgative Official
Recommended by:
~a4~;iregctor of~lanning a Development
Approved by:
Tony Ravenda
Executive Director of Corporate Services
RW:gd
Attach.
FILE: S 5PDR~2001 ~PD200146.wpd
May l4,2001 -4- PD-2001-46
APPENDIX
Conditions for Draft Plan Approval
Approval applies to the Wiens Estates Draft Plan of Subdivision prepared by Matthews,
Cameron, Heywood - Kerry T. Howe Surveying Ltd., dated January 23, 2001, showing 19
lots for single-detached dwellings.
The developer enter 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 enfoming such
conditions.
The developer submit a Solicitor's Certificate of Ownership for the subdivision land to the
City Solicitor prior to the preparation of the Subdivision Agreement.
The subdivision be designed and constructed in accordance with the City's Subdivision
Policy which, in part, includes the following:
a)
b)
c)
d)
construction of 8.0 metre wide roadwaypavement on all bordering streets including
curbs and gutters;
dedication of appropriate daylighting triangles at all intersections;
provision of water distribution, sanitary sewer and storm sewer systems including
a major and minor storm sewer design concept; and
application of the City's Lot Grading and Drainage Policy.
The developer enter into a cost sharing agreement with the City for road improvements and
the provision of storm sewers.
~Ilae developer construct 1.5 metre wide sidewalks on the west side of St. Patrick Avenue and
east side of St. George Avenue abutting the subdivision land.
The developer pay the Development Charges in force at the time of execution of the
Subdivision Agreement.
The developer grant the City and Public Utilities any easements required to service the
subdivision.
9. The developer pay the City cash-in-lieu of 5% parkland dedication.
10. The developer provide boulevard trees in accordance with City policy.
11.
The developer provide three calculated plans prepared by an Ontario Land Surveyor and a
letter to the City's Planning and Development Department confirming that all lots comply
with the Zoning By-law.
12.
The developer provide six copies of the pre-registration plan to the City's Planning and
Development Department and a letter stating how all the conditions imposed have been or
are to be fulfilled.
May l4,2001
-5- PD-2001-46
13.
Immediately following notice of draft plan approval, the developer submit a letter to the
Regional Planning Department acknowledging that draft approval is not a commitment of
servicing allocation by the Region as this servicing allocation, if available, will be assigned
at the time of final approval of the subdivision for registration.
14.
Immediately following notice of draft plan approval, the developer provide the Regional
Planning Department with a written undertaking that all offers and agreements of purchase
and sale which may be negotiated prior to registration of this subdivision shall contain a
clause clearly indicating that a servicing allocation for this subdivision will not be assigned
until the plan is granted final approval for registration, and a similar clause be inserted in the
subdivision agreement between the developer and the City.
Clearance of Conditions
Prior to granting approval to the final plan, the City's Planning and Development Department
requires written notice from applicable City Departments and the following agencies indicating that
their respective conditions have been satisfied:
- Regional Niagara Planning and Development Department for Conditions 13 and 14
Proposed Plan of Subdivision
Wiens Estates
26T-11-2001-01
Location Map
Subject Land
1 :i'~TS
SCHEDULE 2
Colonel John Butler (Niagara) Branch
Noreen Stapley, UE
768 Buchner Road
Welland, Ontario
L3B 5N4
Niagara Falls City Hail
4310 Queen Street
Niagara Falls, Ontario
L2E 6X5
May 2, 2001
To Lord Mayor Wayne Thompson and the Members of Niagara Fails City Council
The Ontario Legislature in recognition of the contributions that the United Empire Loyalists and
their descendants made and continue to make to the development of Ontario, passed an Act on
December 18~, 1997, proclaiming June 19~ United Empire Loyalists' Day in Ontario.
The members of the Colonel John Butler (Niagara) Branch of the United Empire Loyaiists'
Association request that Niagara Falls City Council proclaim the week of June 17' - 23~ 2001
United Empire Loyaiist week in Niagara Falls. We also request that the Loyalist flag be flown
during that week on the flagpole at City Hall. We will provide the flag.
Thank you for your consideration of our request.
Loyally
President, Colonel John Butler (Niagara) Branch
Of The United Empire Loyalists' Association of Canada
PHONE 1-905-732-2012
cc Councillor Janice Wing, UE
PLANNING ~EETIN~,,
CANADIAN INSTITUTE
OF MANAGEMENT
Niagara Distdct
..... iS,.Ji
I'I[~G, FI, ILL5 CLERKS '0'i, 0508'
P.O. Box 20150
Grantham Postal Outlet
St. Catharines, Ontario
L2M 7W7
Office of the Mayor
C/0 Mr. Woody Wagg - Clerk's Department
4310 Queen St.
Niagara Falls, ON
L2E 6X5
Dear Mayor Thomson:
The Canadian Institute of Management (CIM), Niagara District, is pleased to announce that it
is hosting the 2001 Annual Conference in Niagara Falls, ON, June 21-23, 2001. The theme
for this year's conference is "Regenerate Yourself in Niagara" and is to be held at the Ameri-
Cana Resort and Conference Centre. This is a national event, and we are expecting members
from across Canada.
To help recognize this event, we are asking if the City of Niagara Falls will proclaim the
week of June 18, 2001 as "The Canadian Institute of Management Week".
So that we might start the conferenceoffin the fight diroeffon, we would be pleased if you
would make the opening remarks at breakfa~, Fridayt ~June 22, 2001, at 8:00 a~. It is also
our understanding that Niagara Falls pins mflY~he~available that we can~hand'out to our
delegates, as many of them are avid pin collectorS.
We appreciate your help in making our conference a success for CIM Niagara District.
Yours trul×
Hans c onewalle, ¢ I M, C P P
Conference Committee
PLANNING MEETING RAY
The Lea
Tandridge Lane
Lingfield
Surrey ·
RH7 6LL
(01342)
24 April, 2001
City Clerk
City Of Niagara Falls, Planning Department
City Hall
4310 Queen Street
Niagara Falls
Sir or Madam:
)nd year geography student from The University Of Birmingham England
;tO carry Out my dissertation on the development of tourism in
have been advised by a Lecturer fi.om Brock University, St
to request your permission to c%rry out a s~rvey of touriSts during my
vill be June 24 -July 1s 2001. ~ '
, out the survey close to the Rainbow Bridge and ask tourists on foot to
tuestionnaire. The survey will consist of no more than ten
questions and require tourists to give their opinion on Niagara Falls as a tourist
destination. I carried out a similar survey as a pilot study in Brighton during our
spring break. Please find enclosed a copy of this survey, which will give you an
indication of how the proposed survey will be structured.
I hope that I have given you all of the information required, if not please do not
hesitate to contact me. I look forward to hearing from you
Sincerely,
Emma Harper
PLANNING MEF. TIN6 HAY I
The Universi ,fy Of Birmingham
School Of Geography
QUESTIONNAIRE
1. Gender (Please circle) Male Female
Are you in Brighton as:
(Please circle)
(a) a holiday maker?
(b) a daytripper?
(c) neither of the above?
(If yes to (c), do not proceed)
YES / NO
YES / NO
YES / NO
3. Which tourist category would you put yourself in. (Please circle)
Local Regional National Intemational
Which of Brighton's attractions have you visited or do you intend to visit
during your stay? (Please tick)
Palace Pier
The Beach
The Lanes
The Royal Pavilion
Other, please specify
5. Why did you choose Brighton for your holiday or day trip? Please list the most
important reasons:
Which of the following statements do you feel adequately describes Brighton?
(Please underline)
(a) Brighton is a lively, exciting resort with lots of entertainment
Agree Neutral Disagree
(b)
The attractions are worth visiting
Agree Neutral Disagree
(c)
Brighton has lots of attractions which do no exist close to home
Agree Neutral Disagree
(d)
Brighton needs to update it's image
Agree Neutral Disagree
(e) Brighton is well maimained
Agree Neutral Disagree
There is no place like Bri~ton
Agree Neutral Disagree
(g)
I would like to return to Brighton in the future
Agree Neutral Disagree
7. Which age band do you fall in? (Please circle)
Below 18 years 18-30 31-60
Over 60 years.
Thank you for your assistance
Community Services Department
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www,city.niagarafalls.on.ca
Tel.:
Fax:
E-mail:
(905) 356-7521
(905) 357-9293
jmacdona@city.niagarafalls.on.ca
CS-2001-05
John MacDonald
Executive Director
May 14, 2001
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
re: CS-2001-05 - Concessions in Municipal Arenas
Recommendation:
That this report is provided for the consideration and direction of Council.
Background:
On Monday, April 30, 2001, Council requested that staff prepare a report addressing the
feasibility of the City taking control of the concessions at Stamford/Jack Bell and Chippawa
Willoughby Memorial Arenas.
At the present time, City staff operates the concession at Niagara Falls Memorial Arena,
however, Stamford/Jack Bell Arena concession rights have been given to the Niagara Falls
Minor Hockey Association, while the concession rights at Chippawa Willoughby Memorial
Arena have been given to the Niagara South Recreation Association.
Staff has determined that most municipalities in the Province, if not all, operate their own
concessions. The reason for this is that the municipalities make every effort to maximize
revenue opportunities, in order to reduce operating costs.
In the past, on several occasions, when Council asked staff to recommend alternative revenue
sources, in order to reduce the City's overall operating costs, staff has recommended that the
concessions be assumed by City staff. In each case, Council has not supported staffs
recommendation.
Working Together to Serve Our Community
Municipal Works · Fire Services · Parks, Recreation & Culture. Business Development · Building & By-Law Services
CS-2001-05
Concessions in Municipal Arenas
-2- May l4,2001
City Council provided the concession rights to these two community organizations in an effort to
ensure, in the case of the Niagara Falls Minor Hockey Association, that the Association keeps the
costs to its users as reasonable as possible, and in the case of the Niagara South Recreation
Association, that all revenues are utilized for nonprofit community endeavours, such as Niagara
District Girls Hockey, Recreational Minor Hockey Association, Lighthouse Niagara, sending
underprivileged children to summer camp and to provide recreational and arts and craft
equipment at Niagara South.
Based on net revenue generation over the last few years, staff estimates that approximately
$27,000 has been generated annually by these organizations. In order for the City to maintain
accurate concession records, point of sale and inventory control systems should be purchased at
an approximate cost of $40,000.
Staff would also recommend that negotiations take place to acquire the existing concession
equipment.
It is suggested that if Council does direct staff to reclaim concession operations that these funds
be used to reduce the overall operating deficit in the arenas, once the necessary systems and
equipment are acquired.
As Council is aware, the gross operating budget for the City's arenas is $1,823,900. Total
revenue generation is $1,271,800. Therefore, the City's arenas currently operate at a deficit of
$552,10(}.
Members of Council are also aware that concessions are also operated by various community
organizations at Oakes, Kef and Mitchelson Parks. It is staff's opinion that it would not be
worthwhile for the City to operate these concessions as they operate for a short season, are
staffed by volunteers and weather dependent.
If Council wishes staffto proceed to reclaim the arena concessions, the City would take over the
operations at Stamford/Jack Bell Arena on September I, 2001 and at Chippawa Willoughby
Memorial Arena on June 1, 2001.
Recommended by:
John Ma~,/ ExecutivCeDl~/~ealcfdor of Community Services
lly submitted:
Edward P. Lustig
Chief Administrative Officer
The City of
Community Services Department
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Tel.: (905) 356-7521
Fax: (905) 357-9293
E-mail: jmacdona@city.niagarafalls.on.ca
CS-2001-06
John MacDonald
Executive Director
May 14, 2001
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
re: CS-2001-06 - Junior B Agreement
Recommendation:
That the by-law authorizing an agreement between the Junior B's and the City be approved.
Background:
The Russell Masterson Amateur Athletic Association has requested the Agreement be renewed.
Staff met with members of the Association to discuss the Agreement and recommends that the
agreement be renewed with the following changes:
1)
2)
The current term of the agreement is for a one-year term. Staff recommends that the term
o f the agreement be extended to a two-year term.
Previously rights to sell advertising were shared between the City and the Junior B's.
Staff recommends the majority of the adverting fights be tumed over to the Junior B's
with the condition that the Junior B's reimburse the City for lost revenue.
Recommended by:
cDonald
Executive Director of Community Services
JM:kk
R:\COUNCIL~2001 Repor~\CS-2001-06 - Junior B Agreement wpd
Res/~fully submitted:
Edward P. Lush-g
Chief Administrative Officer
Working Together to Serve Our Community
Municipal Works * Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services
The City of
Community Services Department
Municipal Works
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www,city,niagarafalls,on.ca
Tel: (905) 356-7521
Fax: (905) 356-2354
E-mail: munwks@city.niagarafalls.on.ca
May 14, 2001
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
MW-2001-56
Niagara Public Purchasing Committee 2001-T-13
Granular Materials
Ed Dujlovlc, P. Eng.
Director
MW-200'1-56
RECOMMENDATION:
It is recommended that the supply of granular material be awarded to Lafarge Canada, Walker Bros.,
and Ridgemount Quarries.
BACKGROUND:
For Niagara Falls Zone 1, Lafarge Canada was low bidder. Walker Quarries also bid and purchases
will be made from each supplier based on aggregate type, cost and proximity to job sites. For Niagara
Falls Zone 2 (south-end) Ridgemount Quarries is low bidder.
The prices compared to 2000 prices represent an increase of approximately 3.55 percem. The cost is
due to increased fuel, energy and labour costs. It should be noted that the prices received last year
were lower than 1999 costs.
Douglas Good,
Operations Superintendent
4~pproved by:
//John MacDonald,
(// Executive Director of Community Services
Ed ~Ujlovic, P.Eng.,
Director of Municipal Works
Edward P. Lustig,- ]
Chief Administrative Officer//
/SC
Working Together to Serve Our Community
Municipal Works Fire Services Parks, Recreation & Culture Business Development Building & By-Laws
The Cily of
Niogem FellsIIE
Community Services Department
Municipal Works
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E6X5
web site: www.city.niagarafalls.on.ca
Tel: (905) 356-7521
Fax: (905) 356-2354
E-maih munwks@city.niagarafalls.on.ca
Ed Dujlovic, P. Eng.
Director
MW-2001-65
File G-180-23
May l4,2001
His Worship Mayor Wayne Thomson,
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
RE: MW-2001-65
Parking Control Appointment -
Clifton Hill Security Patrol (HOCO Limited)
RECOMMENDATIONS:
It is recommended that Council approve the by-law appearing later on tonight's agenda,
appointing Clifton Hill Security Patrol (HOCO Limited) Staff as Parking Control Officers for the
purposes of enfoming parking restrictions at the Comfort Inn, at 4960 Clifton Hill and the
Quality Inn, at 4946 Clifton Hill.
BACKGROUND:
The owners of the Comfort Inn and the Quality Inn (HOCO Limited) have requested that their
security staff be authorized to enfome the parking regulations on their property. Over the past
few months the security staff have encountered numerous vehicles improperly parking in the fire
routes and unauthorized parking and many requests to move have been ignored. Our Parking
Control Officers have attended at the property on several occasions, however, this is on an on call
basis and the offenders have usually left the scene by the time the officers are able to attend.
Councils concurrence with the recommendations outlined in this report would be appreciated.
Prepar~ed by:
Karl Dren, C.E.T.,
Manager of Traffic & Parking Services
,~prove. d by: /
ona
Executive Director of Community
Services
Ed Dujlovic, P. Eng.,
Director of Municipal Works
Respectfully Submitted by:
Edward P. Lustig,
Chief Administrative officey//
Niagara Falls
Corporate Services Department
Legal Services
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Tel: (905) 356-7521
Fax: (905)374-7500
E-mail: rkallio@city.niagarafalls.on.ca
R.O. Kallio
City Solicitor
L-2001- 27
May 14, 2001
His Worship Mayor Wayne Thomson
and Members of Municipal Council,
City of Niagara Falls, Ontario
Members:
L-2001-27
Second Level Lodging Houses Licensing By-law
Our File No. 2001-62
RECOMMENDATION:
That the attached Second Level Lodging Houses Licensing By-law be passed.
BACKGROUND:
At its meeting of January 29, 2001, Council established an ad hoc committee, with Alderman Norm
Puttick as Chair and Alderman Janice Wing as a member, to review the existing Second Level
Lodging Houses licensing by-law and determine whether any changes, improvements or additions
were required to be made.
By-law No. 93-241 was passed by Council on October 18, 1993 to deal with the issue of regulating
Second Level Lodging Houses. These establishments are not under any specific legislation as are
nursing homes, homes for the aged and hospitals. By and large, Second Level Lodging Houses are
a class of lodging houses that cater to elderly people who are physically and mentally capable of
looking after themselves.
Representatives of Second Level Lodging Houses were invited to join the Committee as well as
Niagara Falls Regional Councillors, the Regional Health Unit and a representative of ORCA
(Ontario Residential Care Association). The following individuals actively participated on the
Working Together to Serve Our Community
Clerk's Finance Human Resources Information Systems Legal · Planning & Development
Committee:
Art Debernardi/Bill Smeaton
Cathy Clarke
Janice Wing
Norm Puttick
Bill Buckle/
Janice Amos
Arlene Mosley
Domenic Ventresca/
Bev Goodman
David Young
Gord White
-2-
Lundy Manor
Willoughby Manor
Alderman
Alderman
Cavendish Manor
Cavendish Manor
Greycliff Manor
Regional Municipality of Niagara
Regional Municipality of Niagara
Regional Health Department
ORCA
Various issues and concerns were raised and dealt with by the Committee. A member of the public
attended and told the Committee of the problems she experienced in a nursing home where her
mother was residing.
The Committee members reviewed the practices that are in the existing establishments and made a
number of recommendations based upon the industry standards. The changes to the existing by-law
reflect the recommendations and suggestions of the Committee after much review and debate. While
there were some substantive changes made, numerous changes o fan administrative or housekeeping
nature were made to the existing by-law.
Executive Summary
Residents' files must now include the nutritional needs, preferences and allergies of each
resident [ 16]
Every licensee must ensure that there are written policies and procedures for employees for
the administration of medications to residents, which policies and procedures are in
accordance with current professional practices and provincial regulations for medication
administration [26(2)]
Snacks and fluids must be made available between meals to those residents who are unable
to readily access them [28]
· Menus must be based on the Canada's Food Guide for Healthy Eating [29]
· Application forms are more detailed [Form 1 ]
The Clerk is required to carry out a more extensive investigation to determine the suitability
of each applicant [14]
-3-
The Clerk's power to refuse a licence and Council's powers to suspend, revoke or impose
conditions on a licence are clarified and strengthened [42, 43, 44, 46, 49, 51, 52]
Fines have been increased to $25,000 for individuals and directors and officers of
corporations and $50,000 for corporations for contraventions of the by-law [64]
I wish to thank all the Committee members for their hard work and input. As well, I wish to thank
Alderman Wing who chaired two of the meetings in my absence. Many worthwhile suggestions and
ideas were raised and discussed. At the very least, it was a useful exercise in reviewing and
scrutinizing the care received by senior citizens in private facilities. This Committee was a fine
example of co-operation between the public and private sector where everyone had the same
objective: the quality of care for our older citizens.
Respectfully Submitted:
Alderman Norm Puttick, Chair
Second Level Lodging Houses Committee.
-4-
CITY OF NIAGARA FALLS
By-law No. 2001-
being a by-law to provide for the licensing, regulating and governing of a class of lodging houses
and lodging house keepers.
WHEREAS section 257.2 of the Municipal ,4ct, R.S.O. 1990, c. M.45, as amended, provides that
the Council of a local municipality may pass by-laws for licensing, regulating and governing any
business carried on within the municipality.
AND WHEREAS the Council of the Corporation of the City of Niagara Falls deems it desirable and
expedient to licence, regulate and govern a class of lodging houses to be referred to as a "Second
Level Lodging House".
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
NIAGARA FALLS ENACTS AS FOLLOWS:
DEFINITIONS
1. In this by-law,
"applicant" means a person applying for a licence under this by-law;
"Clerk" means thc Clerk for The Corporation of the City of Niagara Falls;
"Code" means the regulations passed pursuant to the Building Code ,4ct, 1992, S.O. 1992,
Chap. 23; and are more particularly referred to as the Building Code;
"Council" shall mean the Council of The Corporation of the City of Niagara Falls;
"health and social worker" means a person who provides services or assistance to a resident
in order to improve the resident's health and social condition, and who is not a health care
professional;
"health care professional" means a person who is a member of a College that is governed by
a health profession Act as stated in Schedule I of the Regulated Health Professions .,lct,
1991, S.O. 1991, c.18, as amended, and includes a Physician;
"licensee" means a person who holds a licence, issued, valid and subsisting under the
provisions of this by-law;
"Medical Officer of Health" means the Medical Officer of Health for the Regional
Municipality of Niagara, a designate, or a person acting under a direction given by the
Medical Officer of Health for the Regional Municipality of Niagara;
-5-
"Municipality" means The Corporation of the City of Niagara Falls;
"municipal law enforcement officer" means a person appointed by The Corporation of the
City of Niagara Falls to enforce its by-laws and the laws of the Province of Ontario;
"owner" means a person who alone or with others has the right to any freehold or other estate
in the lands of a Second Level Lodging House or to possess or occupy a Second Level
Lodging House or actually does possess or occupy a Second Level Lodging House;
"person" includes, where the context permits, any legal entity;
"physician" means a legally qualified medical practitioner;
"resident" means a person admitted to and lodged in a Second Level Lodging House;
"sanitary facilities" means a room containing the following: a toilet, a wash basin, and a
bathtub or shower;
"Second Level Lodging House" means any house or other building or portion thereof in
which persons are harboured, received or lodged for hire, and are provided with guidance in
their daily activities by another person or persons, who receives remuneration to provide this
guidance, but does not include a hotel, hospital, nursing home, home for the young or the
aged or institutions if the hotel, hospital, home or institution is licensed, approved or
supervised under any provincial statute;
Licence Required
No person, who owns or operates a Second Level Lodging House, shall use, rent, offer to
rent or permit to be used, rented or offered for rent any room in the Second Level Lodging
House, unless a licence for or in connection with such Second Level Lodging House has
been issued in accordance with this by-law.
No person shall carry on or engage in the business set out in section 2 within the boundaries
of the Municipality unless he or she has a valid licence issued under this by-law permitting
him or her to do so.
4. No licence issued under this by-law may be transferred to any other person.
The requirement of obtaining a licence under this by-law is in addition to and not in
substitution for any other requirement to obtain a licence or licences or other regulatory
approval under any other federal, provincial or municipal regulation.
-6-
Every licensee and applicant, respectively, shall, within four days of any change occurring
in any of the information on the Municipality's files concerning the licensee, or the Second
Level Lodging House, in respect of which a licence issued or applied for, notify the Clerk
in writing, within four days of such change, and provide full written disclosure to the Clerk
of all relevant information existing after such change.
It shall be a condition of every licence that the licensee shall, in carrying on the business to
comply with the provisions of this by-law and ensure such compliance by every other person
involved in the carrying on of such business.
Application for Licence
In every application for a licence, the applicant shall attend in person at the office of the
Clerk and shall provide to the Clerk, the following:
(a)
a completed application form, attached to this by-law as Form 1 providing full
disclosure of information, full responses to all questions, and all documents, as called
for or referred to in Form 1 or as otherwise required by this by-law to be provided;
and
0~) remittance of the fee prescribed in Schedule "A".
ha the case of a Second Level Lodging House owned by a partnership, attendance shall be
made by one of the partners, who shall file documents on behalf of every other partner.
10.
In the case of a Second Level Lodging House owned or operated by a corporation, attendance
shall be made by an officer of the corporation who shall file on behalf of the corporation and
every person controlling or having an interest in it:
(a) a certified copy of its letters of incorporation or other incorporating documents;
(b)
a certified copy of the most recent filing with the Ministry of Consumer &
Commercial Relations listing all directors and officers and the address of the head
office of the corporation;
(c)
a resolution of the directors of the corporation authorizing the application for a
licence; and
(d)
the name and address of every person having responsibility for the operation or
management of the business of the applicant.
11.
Every person applying for the renewal ofa licence issued pursuant to this by-law shall be
permitted to complete Form 1 and send the completed Form 1 by ordinary mail without the
-7-
necessity of attending at the office of the Clerk.
12.
(1)
Every licensee shall report in writing to the Clerk particulars of any proposed change
in ownership of the Second Level Lodging House business which is the subject of
the licence, at least thirty days prior to such change taking effect, by filing an
application for a licence in accordance with sections 8,9,10 and 11 as may apply.
(2)
Upon receipt of the information required to be filed by subsections (1), the Clerk
shall cimulate and review notice of the change in ownership in accordance with
sections 14 and 42 and shall on completion of that circulation and review, notify in
writing, the prospective remaining owners, and the prospective new owners, as the
case may be off
(a)
(b)
their being approved; or
their failure to satisfy the requirements of subsection (2).
FALSE STATEMENTS
13,
No person shall provide or permit the provision of a false or misleading recital of a fact, or
a statement or representation in any application under this by-law, in respect of any
information provided or required to provided by or pursuant to this by-law.
APPLICATION PROCEDURES
14. (1)
The following procedure shall be followed by the Clerk in processing any
application:
(a)
the Clerk shall circulate the application to the Zoning Examiner of the
Municipality for determination of compliance with Zoning By-law #79-200
as amended, and for comments and objections, if any, to the application;
Co)
the Clerk shall circulate the application to the Medical Officer of Health, the
Fire Chief of the Municipality and the Building & Inspections Division of the
Municipality for their comments and objections, if any, with respect to the
application; and
(c)
the Clerk shall then determine if all inspections and approvals of the Medical
Officer of Health, the Fire Chief of the Municipality and the Building &
Inspections Division of the Municipality, if any are required, have been
completed and all lawful requirements satisfied.
-8-
(2) Every applicant shall:
(a)
ensure that all inspections are completed and every lawful requirement of the
Medical Officer of Health, the Fire Chief of the Municipality and the
Building & Inspections Division of the Municipality has been complied with;
and
Co)
ensure that any relevant objections or adverse comments relating to the
application, if any, by the Medical Officer of Health, the Fire Chief of the
Municipality and the Building & Inspections Division of the Municipality,
are addressed satisfactorily.
Lists, Files, and Records
15.
Every licensee shall maintain a list of current residents in the Second Level Lodging
House.
(2)
The list referred to in subsection (1) shall contain the names of the residents in
alphabetical order, their sex, age and date of admission.
16.
Every licensee shall maintain a separate file for each resident, stating the following
particulars of each resident: name; sex; age; date of admission; date of discharge, if any; date
o fdeath, if any; the name, address and telephone number of nearest relation or friend of the
resident; a brief medical history; nutritional needs, preferences; allergies and any particulars
of each accident suffered by the resident in the Second Level Lodging House.
17. Every licensee shall maintain a record for each resident of the following occurrences:
(a) communicable disease suffered by the resident in the Second Level Lodging House;
Co)
death of the resident in the Second Level Lodging House that resulted from any
accident;
(c) assaults caused by or directed to the resident in the Second Level Lodging House;
(d) injuries caused by or directed to the resident in the Second Level Lodging House;
and shall keep this record in the file referred to in section 16 for each resident.
la. O)
Every licensee shall, forthwith, send a copy of the record and any additions or
changes to that record, made in accordance with clauses 17 (a) and CO), to the
Medical Officer of Health.
-9-
(2)
Every licensee shall, on a quarterly basis, send a copy of the record and any additions
or changes to that record, made in accordance with clauses 17 (c) and (d), to the
Medical Officer of Health.
19.
Every licensee shall produce for inspection the list, file, and records referred to in sections
15 to 17, whenever demanded by the Medical Officer of Health.
20. Every existing and new resident shall be given a current copy of this by-law.
Availability of Medical Care
21.
Each resident, next of kin, or legal representative, as the case may be, shall ensure that a
physician is available to provide the resident with ongoing and emergency medical care at
all times.
22.
Where the resident, next of kin, or legal representative, as the case may be, is unable to
comply with the requirements of section 21, then the person licensed pursuant to this by-law
shall ensure that a physician is available to provide the resident with ongoing and emergency
medical care at all times.
Health Care Professionals
23.
Should the Medical Officer of Health or a physician determine that a resident is in need of
emergency nursing care or home care services from a registered nurse or other health care
professional, every person licensed pursuant to this by-law shall allow the registered nurse
or other health care professional to enter upon and into the Second Level Lodging House for
the purposes of providing such emergency nursing care or home care services to the resident
as may be necessary.
Health and Social Workers
24.
Should the Medical Officer of Health or a physician determine that a resident is in need of
the services of a health and social worker, every person licensed pursuant to this by- law
shall allow the health and social worker to enter upon and into the Second Level Lodging
ttouse for the purposes of providing such services to the resident as may be necessary.
25.
If a resident, next of kin, or legal representative, as the case may be, determines that the
resident is in need of the services from a health and social worker, every person licensed
-10-
pursuant to this by-law shall allow the health and social worker to enter upon and into the
Second Level Lodging House for the purposes of providing such services to the resident as
may be necessary.
Drugs and Prescription Drugs
26. (1) Every licensee shall ensure that all drags and prescription drugs are:
(a) kept in a safe and properly locked storage area;
Co)
made available only to those residents for whom the drugs have been
prescribed to by the physician; and
(c)
recorded in a drug record book that states the name of the drug and the
resident who is to receive the drug.
(2)
Every licensee shall ensure that there are written policies and procedures for
employees for the administration of medications to residents, which policies and
procedures are in accordance with current professional practices and provincial
regulations for medication administration.
(3)
Every licensee and every employee shall strictly adhere to the policies and
procedures set out in subsection (2).
(4)
Every licensee shall produce for inspection the drug record book referred to in clause
(1) (c), whenever demanded by the Clerk, municipal by-law enforcement officer or
the Medical Officer of Health.
Nutritional Care
27.
Every licensee shall comply with the nutritional health programmes for Second Level
Lodging Houses that are administrated and altered or amended from time to time by the
Regional Municipality of Niagara Health Services Department pursuant to the Health
Protection and Promotion Act, as amended.
28.
There shall be provision of snacks and fluids between meals for residents who are unable to
readily access these snacks and fluids independently.
29.
Menus shall be based on the Canada's Food Guide for Healthy Eating as may be amended
or altered from time to time.
Dining Rooms
30.
-I1-
Every licensee shall provide a common dining room or rooms in the Second Level Lodging
House with a minimum floor area of 1.85 square metros (20 square feet) per resident using
the room, but in no case shall the minimal floor area be less than the minimal requirements
for dining rooms as set out in the Code.
Sitting Room
31. (1)
(2)
Every licensee shall provide a sitting room or rooms in the Second Level Lodging
House with a minimum aggregate floor area of 1.39 square metres (15 square feet)
per Resident, but in no case shall the floor area for a sitting room be less than 11.148
square metres (120 square feet).
The sitting room required by subsection (1) may be located in the dining room,
provided that all residents dine at the same time and, if so located, shall be regulated
by section 30 of this by-law.
Sanitary. Facilities
32.
33.
Every licensee shall provide sanitary facilities that are not adjacent to, or open directly into,
any dining room, kitchen, food preparation or storage room.
Every licensee shall provide sanitary facilities in respect to following groups of residents:
(a) up to seven residents:
one sanitary facility;
(b) eight to fourteen residents:
two sanitary facilities; and
(c) fifteen or more residents:
A sanitary facility for each group of seven residents or part thereof residing in the
Second Level Lodging House.
Employees
34.
Every licensee shall hire and employ only persons in the Second Level Lodging House, who
have:
-12-
(a)
(b)
passed a tuberculin test not more than 6 months prior to the commencement of their
employment at the Second Level Lodging House; and
been examined by a physician within 30 days of their employment and have obtained
from that physician a written statement of their health, indicating the person is in
good health and suitable to work in the Second Level Lodging House.
35.
Every licensee shall ensure that every employee in the Second level Lodging House has
complied with a direction or order from a physician or Medical Officer of Health to undergo
such examinations or tests required by the physician or the Medical Officer of Health.
Term of the Licence
36.
Every licence issued pursuant to this by-law shall expire at 11:59 p.m. on the thirty-first day
of December next following the date of its issuance, unless the licence has been earlier
revoked or otherwise terminated.
Renewal of Licence
37.
Upon the expiry ofa licence at the end of its term, the licensee, if in compliance with all of
the provisions of this by-law, will be eligible to apply for the renewal of the licence.
38.
Every licensee on application to renew a licence must satisfy the Clerk that the requirements
for such licence as set out in this by-law exist.
Licence not to be Transferred
39.
No licence shall be transferred and if a licensee pursuant to this by-law sells, leases or
otherwise disposes of his or her Second Level Lodging House or part thereof, his or her
licence in respect of such Second Level Lodging House shall, notwithstanding any other
provision of this by-law, be terminated.
Licence to be Displayed
40.
Every licensee shall keep the licence issued in respect of the Second Level Lodging House
exposed in a conspicuous place in the interior of the said premises at all times during the
currency of the licence.
Issuance, Renewal or Refusal of Licences
41.
Upon receipt of a completed application for a licence in Form 1, the Clerk shall make or
cause to be made all investigations which are required pursuant to section 14.
42.
-13-
Upon completion of the investigations and searches set out in section 14, the Clerk shall
issue or renew a licence provided that:
(a) the provisions of the licence applied for have been complied with;
(b) the applicant has not been convicted of an offence under this or any other by-law
relating to licences;
43.
44.
45.
46.
(c)
no adverse comment is received from any of the agencies to which the application
was circulated; and
(d) each applicant is eighteen (18) years of age or older.
(1)
In the event that the Clerk does not issue the licence, the Clerk shall notify the
applicant of the Clerk's decision by sending the applicant a Notice of Refusal, in
Form 2.
(2)
The Clerk, in delivering any notice under subsection (1), shall give reasons for the
decision.
(1)
Subject to subsection (2), an applicant or licensee who receives a Notice of Refusal
refen'ed to in section 43 may, upon written request, have the matter heard by the
Council, and the Clerk shall place the matter on a Council agenda for consideration
by the Council.
(2)
A request referred to in subsection (1) must be filed with the Clerk in writing, within
ten days of the delivery of the notice to the applicant or licensee.
The licensee shall be given a notice of hearing, and the licensee shall be entitled to attend the
hearing and adduce evidence and make submissions either personally or through a
representative, in accordance with law, including the procedures of Council.
(1) The Council shall, in accordance with applicable law, hear the matter and shall:
(a) grant the licence to the applicant;
(b) refuse to grant the licence to the applicant; or
(c) grant the licence and impose conditions on the licence at the time it is
granted,
- 14~
and Council's decision shall be fmal.
(2) The Council sl~all give its reasons, in waiting, for any decision made under clauses
(1)(b) or l(c).
(3) Council may notify any licensing authority or person, as it considers appropriate, if
any action is taken under this section of the by-law.
47. No person shall enjoy a vested right in the continuance ora licence, and upon the issue,
renewal, cancellation or suspension thereof, the value ofa licence shall be the property of the
Municipality.
48. No person licensed to carry on business under this by-law shall advertise or promote or carry
on such business under any name other than the name endorsed upon the licence.
Power to Suspend, Revoke or Impose Conditions
49. Council may, at any time, in accordance with the provisions of the Municipal Act,
(a) suspend any licence;
(b) refuse or not proceed with any application;
(c) revoke any licence; or
(d) impose conditions on any licence issued pursuant to this by-law.
The Council shall issue written reasons for its exercise of a power under this section.
50. Prior to Council exemising its powers under section 49, the licensee shall be given a notice
of hearing, and the licensee shall be entitled to attend the hearing and adduce evidence and
make submissions either personally or through a representative, in accordance with law,
including the procedures of Council.
51. (1) The Council shall, in accordance with applicable law, hear the matter and shall:
(a) confirm the decision represented by the notice; or
(b) allow the application to proceed, or grant the licence with or without
conditions, as the case may be,
and the Council's decision shall be final.
Council shall give its reasons, in writing, for any decision made under clause (1)(a).
(2)
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Grounds for not Proceeding with an Application or not Granting an Unconditional Licence
The following are the grounds upon which a licence may be refused, revoked or
suspended; upon which an application may be refused or not proceeded with; or in
respect of which the Council may impose conditions, including special conditions,
as a requirement to the issuing or holding of a licence:
(a)
that the applicant, licensee, any partner, officer or director of the applicant or
licensee, any employee or agent of the applicant or licensee, has not complied
with or satisfied any requirement of this by-law;
(b)
that the conduct of the applicant, licensee, any partner, officer or director of
the applicant or licensee, any employee or agent of the applicant or licensee,
affords reasonable grounds for belief that they, or any of them, have not or
will not carry on the trade, calling, business or occupation in accordance with
the law or with honesty and integrity;
(c) that the licensee has breached any condition of the licence;
(d)
that the Licensee has been convicted of contravening any provision or
provisions of this by-law within the previous twelve (12) months; or
(e)
that the licensee or applicant has furnished any false, misleading or
incomplete information to the Clerk, or failed to provide all information and
documents required to be provided to the Clerk under this by-law, including
any changes to such information or documents within four (4) days of their
occurrence.
(2)
The Clerk of Council, as the case may be, in making any decision referred to in
subsection (1), shall give written reasons for such decision.
53.
Council may notify any licensing authority or person, as it considers appropriate, if any
action is taken under section 51.
54.
Ifa licence is revoked under section 51, the former licensee is entitled to a refund of that part
of the licence fee proportionate to the unexpired part of the term for which it is granted.
Licence Fees
55. Fees for the licence shall be paid as prescribed in Schedule "A".
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56. Each application or renewal for a licence must be accompanied by the fees prescribed.
57.
Where a licence is not issued to an applicant, the fee paid by the applicant shall be returned
to the applicant less the non-refundable processing fee, if any, as set out in Schedule "A".
Notice
58. Any notice required by this by-law to be given to an applicant or to a licensee may be given,
(a)
by mailing a copy of the notice by pre-paid ordinary post to the residence address of
the applicant or licensee, as the case may be, listed on the most recent application for
a licence;
0)) by delivering a copy of the notice personally to the applicant or the licensee;
(c)
by leaving a copy of the notice at the residence address of the applicant or the
licensee as listed on the most recent application for a lieence; or
(d)
by leaving a copy of the notice at the address of the applicant's proposed employer
or at the Licensee's employer listed on the most recent application for a licence.
59.
Any notice served by pre-paid ordinary post in accordance with section 58 shall be deemed
to have been received by the applicant or Licensee on the fourth day following mailing.
Conflicts
60.
In the event of any conflict between the provisions of this by-law and any other general or
special by-law, the provisions of this by-law shall prevail.
Severability
61.
If a court of competent jurisdiction should declare any section of this by-law or part thereof,
or any provision in the schedules to be invalid, such section, part or provision in the
schedules shall not be construed as having influenced Council to pass the remainder of the
by-law or the schedules hereto, and it is hereby declared that the impugned section or
provision in the schedules shall be severable and distinct bom the remainder of this by-law
and the remainder of the by-law or schedules shall be valid and shall remain in force.
Inspection
62.
The Clerk, a peace officer or a municipal law enforcement officer may require a licensee to
produce the licence, records or other documents for the purpose of determining whether such
person is validly licensed under this by-law, or whether this by-law is being contravened.
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63.
Before a licence is issued under section 42, an applicant shall authorize, in writing, as a
condition of the licence, the periodic inspection of the Second Level Lodging House by those
persons set out in Form 1.
Offences and Penalties
64. (1)
Every person who contravenes this by-law, and every director or officer of a
corporation who concurs in such contravention by the corporation, is guilty of an
offence and on conviction is liable to a fine of not more than $25,000, pursuant to
subsection 329(1) of the MunicipaIAct, R.S.O. 1990, c. M.45, as may be amended
from time to time.
(2)
Where a Corporation is convicted of an offence to this By-law, the maximum fine
that may be imposed on the Corporation is $50,000, pursuant to subsection 329(2)
of the Municipal Act, R.S.O. 1990, c. M.45, as may be amended from time to time.
65.
No person shall furnish a false or intentionally misleading recital of a fact, statement or
representation in any application under this by-law.
Enactment
66. Forms 1 and 2 and Schedule "A" shall form part of this By-law.
67. By-laws No. 93-241 and 94-164, are repealed.
68. The short title of this by-law is the Second Level Lodging Homes By-law.
Passed this day of ,2001.
E.C. WAGG, CITY CLERK WAYNE THOMSON, MAYOR
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First Reading:
Second Reading:
Third Reading:
,2001
,2001
,2001
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FORM 1
THE CORPORATION OF THE CITY OF NIAGARA FALLS
APPLICATION FOR SECOND LEVEL LODGING HOUSE LICENCE
INITIAL APPLICATION RENEWAL
PROPOSED BUS1NESS OPERATING NAME
PROPOSED BUSINESS LOCATION
TOTAL NUMBER OF RESIDENTS
PROPRIETORSHIP
NAME
ADDRESS
POSTAL CODE
PRIOR ADDRESS
[)ATE OF BIRTH
PARTNERSHIP
PARTNERSHIP NAME
ADDRESS
TELEPHONE
POSTAL CODE TELEPHONE
ADDRESS OFPRINCIPALPLACE OF BUSINESS
Name
PARTICULARS RE: PARTNERS
Address
Percentage
Interest
Date Became
Partner
Date of
Birth
Name
CORPORATION
CORPORATION NAME
HEAD OFFICE
ADDRESS
POSTAL CODE TELEPHONE
PARTICULARS RE: SHAREHOLDERS
Percentage Date Became
Address Interest Partner
Date of
Birth
PARTICULARS RE: DIRECTORS
Percentage
Address Interest
Date Became Date of
Name Parmer Birth
PARTICULARS RE: OFFICERS
Percentage Date Became Date of
Name Address Interest Partner Birth
IXWE hereby consent to the following persons entering and inspecting the building at any time of
the day or night prior to the issuance and during the term of the licence for a second level lodging
house:
(a) the City of Niagara Falls' property standards officer;
(b) an inspector appointed pursuant to the Building Code Act, 1992;
(c) a fire prevention officer for the City of Niagara Falls;
(d) The Medical Officer of Health;
(e) a municipal law enforcement officer.
4. Enclosed are the building plans as required on the next page.
}las the Applicant, or any partner, shareholder and/or officer or director thereof ever applied for and
been refused a licence for a Second Level Lodging House or after receiving such a licence, had same
suspended or revoked? If so, list details.
}las the Applicant, any partner, shareholder and/or officer or director thereof ever been convicted
of contravening any provision in a Municipal By-law dealing with the licencing, regulation and
enforcement of Second Level Lodging Houses? If so, list details.
Has the Applicant in the case of a proprietorship, or any partner in the case of a partnership, or any
director, shareholder or officer in the case of a corporation, ever been convicted of an offence under
the Criminal Code of Canada? If so, list details
Has the Applicant in the case of a proprietorship, or any partner in the case of a partnership, or any
director, shareholder or officer in the case of a corporation, ever been convicted of an offence under
The Narcotic Control Act or The Food and Drug Act. If so, list details
DECLARATION
I, , hereby certify that all information
contained on this application form is true and I understand that making a false statement in
this application could result in the refusal of the Issuer to issue a licence or result in a
suspension or revocation of a licence at a later date.
I hereby authorize the Clerk of The Corporation of the City of Niagara Falls and any agents,
servants or employees of the Municipality to conduct periodic inspections of the premises
which is the subject of this application.
I hereby authorize the Clerk of The Corporation of the City of Niagara Falls and any agents,
servants or employees of the Municipality to seek information and conduct an investigation
into the troth of the statements set forth in this application.
I am the Applicant and as such, I have knowledge of the information listed above and am
authorized to complete this application.
I certify the above information to be tree to the best of my knowledge, information and
belief.
DATE
SIGNED
Application approved by:
Appl. No. Licence No. Date Issued
APPROVED TO ISSUE:
(City Clerk)
The City of Niagara Falls
4310 Queen Street
Niagara Falls, Ontario Canada
L2E 6X5
(905) 356-7521
SECOND LEVEL LODGING HOUSE AT:
The following information is required by the Buildings & By-law Services in connection with a
licence application for the above:
1.
2.
3.
4.
5.
Gross floor area of the building
Number of storeys
Number of occupants
Number of bedrooms
Number of water closets (toilets)
Number of washbasins
Number of bathtubs to showers
sq. ft.
A plan of each floor of the building is required, drawn to scale, showing the size and location of: all
rooms, corridors, hallways, stairways and doorways. The use of each room should be shown and the
number of occupants of each bedroom should also be indicated. The plan can be drawn overleaf or
on a separate sheet.
FORM 2
THE CORPORATION OF THE CITY OF NIAGARA FALLS
NOTICE OF REFUSAL
TO:
FROM:
The Corporation of the City of Niagara Falls Clerk
The Clerk has considered your application dated for a Second Level Lodging House
Licence and you are hereby notified that your application has been refused for the following reasons:
If you wish to have your Licence Application considered by Council, please sign and return this form to the
Clerk within ten days of the date of this notice.
DATE of this Notice
SIGNED
I wish to have my Licence Application heard before Council.
Reasons:
DATE SIGNED
RETURN TO: Clerk
The Corporation of the City of Niagara Falls
4310 Queen Street
P.O. Box 1023
Niagara Fails, Ontario
L2E 6X5
* Where this Notice of Refusal is returned requesting a hearing, a Notice of Hearing will follow
setting out the date and time for the hearing.
SCHEDULE "A"
FEES FOR LICENCES
LICENC, E INITIAL $200.00
RENEWAL $200.00
Includes a non-refundable processing fee of $100.00
The City of Niagara Falls, Ontario
Council Chambers
No.
Moved by Alderman
Seconded by Alderman
May 14, 2001
WHEREAS the Fair Municipal Finance Act provides that the Minister of Finance may,
by regulation, add to the Classes of property established for tax purposes;
WHEREAS it is desirable to have heritage properties designated under the Ontario
Heritage Act included and as sub-classes contained in the Classes of property under the
Assessment Act; and
WHEREAS the Honourable Marcel Beaubien, MPP Lambton-Kent-Middlesex, has
recommended immediate implementation to amend the Assessment Act to create heritage as sub-
clauses;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
City of Niagara Falls does hereby;
REQUEST the Minister of Finance to prescribe, by regulation, "heritage" as a sub-class
of properties under the Assessment Act and Ontario Regulation 282/98.
AND the Seal of the Corporation be hereto affixed.
E.C. WAGG WAYNE THOMSON
CITY CLERK MAYOR