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2008/05/26
COUNCIL MEETING Monday, May 26, 2008 Order of Business and Agenda Package N CA N A DA COUNCIL MEETING May 26, 2008 O CANADA: Lorna Hilborn will sing the National Anthem PRAYER: Councillor Kerrio ADOPTION OF MINUTES: Due to vacations, the minutes from the May 1 2 meeting will be delayed until the following meeting. DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. Brock Badgers Members of the Brock Badgers Basketball team will be recognized for winning the 2008 C.I.S. Men's Basketball Championship including Bradlee Rootes, Michael Kemp, Dustin Bianchin, Brian Mulligan, Assistant Coach and Bill Rootes, Assistant Coach. Bob Gale Complex Campaign There will be presentations from the latest donors for the Bob Gale Capital Campaign. -AND- DEPUTATIONS /PRESENTATIONS PARKS, RECREATION CULTURE MATTERS 1. Chief Administrative Officer R- 2008 -20 Bob Gale Complex: Capital Campaign Update Kalar Road `Home for Girls Soccer' 2 1. Chief Administrative Officer R- 2008 -23 Contract for the Supply and Installation of a New Artificial Turf Sports Field at Kalar Park `Home for Girls Soccer' -AND- There will be a cheque presentation from the Girls for Soccer Club. PLANNING MATTERS Public Meeting AM- 46/2006, Official Plan and Zoning By -law Amendment Application Oakwood Drive, South of McLeod Road Applicant: Oakwood Place Shopping Centre Inc. Joshua Kaufmann) Agents: Mary Bull, Wood, Bull LLB, Glen Scheels, GSP Group Proposed Major Commercial Development (Shopping Centre) Background Material: Recommendation Report: PD- 2008 -46 AND- Correspondence from the Niagara Region's Planning Development Dept. Correspondence from the Niagara Peninsula Conservation Authority Correspondence from the Ministry of Transportation Public Meeting 26CD -11- 2008 -04, Draft Plan of Vacant Land Condominium 3232 Montrose Road East Side), Opposite Matthews Drive Owner: 1736194 Ontario Limited Fred Sacco) Background Material: Recommendation Report: PD- 2008 -51 Public Meeting 26T -11- 2008 -01, Public Meeting Deerfield Estates Phase 8 Draft Plan of Subdivision Kalar Road West Side), South of Lundy's Lane Owner: River Realty Development (1976) Inc. Background Material: Recommendation Report: PD- 2008 -50 3 MAYOR'S REPORTS, ANNOUNCEMENTS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Clifton Hill BIA 2008 Budget RECOMMENDATION: For the Approval of Council 2. Energy Conservation Week requesting that May 25 -31s 2008 be proclaimed as Energy Conservation Week" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council 3. Spina Bifida Hydrocephalus Association of Ontario request that the month of June be proclaimed as Spina Bifida Hydrocephalus Awareness Month in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council 4. National Access Awareness Week requesting that June 1 -7, 2008 be proclaimed as "National Access Awareness Week" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. REPORTS CLERKS MATTERS 1. Chief Administrative Officer CD- 2008 -07 Filling Committee Vacancies RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS (Councillor loannoni, Chair) RATIFICATION OF "IN CAMERA" RECOMMENDATIONS CONSENT AGENDA THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN, A COUNCILLOR MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. F- 2008 -21 2008 Property Tax Rates 4 F- 2008 -22 Final Tax Notice Due- Dates for Residential, Pipeline, Farmland and Managed Forest Assessment Classes F- 2008 -23 Financing of Owner's Share of Local Improvements MW- 2008 -27 Request for Proposal Development Charges Update Study MW- 2008 -26 -Amendment to By -law 2007 -161 Collection of Rates for the Use of Water and Water Related Services MW- 2008 -28 Tender 2008 189 -07 Britannia Crescent, High Street, Depew Avenue and Cadham Street Watermain Replacement MW- 2008 -29 Tender 2008- 194 -07 Welland Street Roosevelt Street Watermain Replacement MW- 2008 -30 Tender #T11 -2008 Heavy Vehicle Purchasing MW- 2008 -32 Montrose Business Park Municipal Services Extension Phase 1 Detailed Design, Consultant Fee Amendment PD- 2008 -47 Designation of All Saints Anglican Church Withdrawal of Objection PD- 2008 -49 -CB FIG /03 /08, Facade Improvement Grant Application C. A. Tartaglia and S. M. DiPietro, 4622 -4624 Ontario Avenue. TS- 2008 -33 Deerfield Estates Phase 1 Regulatory Signs Update to By -law 89 -2000 -5 TS- 2008 -34 Desanka Avenue Parking By -law Update TS- 2008 -35 Parking and Traffic By -law 89 -2000 Various Updates to Schedules BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2008 -86 2008 -87 2008 -88 A by -law to establish Part of Block 44, Plan 1 and Part of Lot 33, Plan 34, Stamford, as a public highway, to be known as and to form part of Dunn Street. A by -law to establish Part Township Lot 148 Stamford designated as Part 1 on Reference Plan 59R -13607 as a public highway, to be known as and to form part of Dorchester Road. A by -law to amend By -law No. 79 -200, to permit a place of worship, a community kitchen and an emergency shelter, and to repeal By -law No. 96- 28. (AM- 2008 -007) 2008 -89 A by -law to make a certain appointment. 2008 -90 A by -law to set and levy the rates of taxation of City purposes, for Regional purposes, and for education purposes for the year 2008. 2008 -91 A by -law to impose special rates to provide for the payment of the owner's portion of the cost of certain local improvements. 2008 -92 A by -law to regulate the supply of water and to provide for the maintenance and management of the waterworks and for the imposition and collection of rates for the use of water and water related services. 2008 -93 A by -law to establish Part Township Lot 73 Stamford as a public highway, to be known as and to form part of Orlando Drive. 2008 -94 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 26 day of May, 2008. NEW BUSINESS (5/21/2008) Teresa Fabbro singers From: "Laurie" <tanez @cogeco.ca> To: "dean iorfida" <diorfida©niagarafalls.ca> Date: 5/5/2008 8:15 PM Subject: singers Hi Dean Here are the bios for your singers on May 12th- Katelynn and Emily Hilborn Katelynn and Emily are 10 and 8 years old respectively, and they actively participate in many activities at school, church, and in the community. They enjoy playing soccer and ringette, are members of the 22nd Niagara Cubs and Beavers, and love to make music. Katelynn plays the flute and Emily takes violin lessons. Recently, they both placed well in the vocal and piano sections of the Kiwanis Music Festival. In their spare time, the girls enjoy listening to Hannah Montana, playing with their little brother Nathan, baking with Grandma, and playing Webkinz on the computer. May 26th- Lorna Hilborn Lorna Hilborn teaches music at River View School in Chippawa, and also teaches piano lessons part -time at home. She enjoys being involved in several music ministries at her church, as well as teaching Sunday School. Lorna and her husband Tim live in Niagara Falls with their three children: Katelynn, Emily Nathan. They all love camping, garage saleing, and visiting with family and friends. Laurie Bill Matson Re: Brock basketball team From: Bill Matson To: Jessica Ruddell Subject: Re: Brock basketball team Jessica carey Jessica Ruddell 5/20/2008 10:55 AM Hi! Just spoke to Brian Mulligan, Assistant Coach, and the invitation has been made to the entire team. Brian noted that some have gone home however he will try to get as many as possible for Monday May 26th. I told Brian to make sure everyone arrives by 6 :45pm. Carey Campbell 5/20/2008 10:44 AM Jessica or Kathy, could you please extend the City's invitation to the entire Brock Badgers team? Please confirm. Council will acknowledge the team's championship and present them with one plaque (Kristine) for their achievement. In addition, Mayor and Council will highlight the successes of the players and coaches from Niagara Falls. Thank you. Carey E Campbell Executive Assistant Office of the Mayor City of Niagara Falls 905 356 7521 x 4206 fax 905 374 3557 ccampbell@niagarafalls.ca Original Message From: Bill Matson Sent: 5/20/2008 9:16 :40 AM Subject: Re: Brock basketball team Kathy, I just got off the phone with Councillor Thomson who informed me that he had been talking to some of the Brock players this past weekend and was informed that they have appeared before other Council's in the past few weeks. Each time they had been recognized as a whole team with all of them being invited. I understand the intention here may have been to originally only recognized the NF components of the team. Wayne was given the impression that a lot of the team might show up regardless, in support of the ones that were invited, but thought that if there was time to invite the rest of the team. Keep me posted as to the outcome please. Bill Page 1 of 2 about:blank 5/21/2008 Denyse Morrissey 5/14/2008 3:11 PM Hi, Please confirm if Brock U plans to reschedule for May 26, 2008 as currently expecting them then. This was discussed at council review this morning with cancellation from May 12, 2008. If not the case please let Bill Matson know as Dean will be away. Regards, Denyse Page 2 of 2 about:blank 5/21/2008 May 26, 2008 R- 2008 -20 Members: BACKGROUND: The other component of the ca Pink' seats. The seat sale sold to date of the tar Niag ara a11s ex CANADA His Worship Mayor Ted Said and Members of the Municipal Council City of Niagara Falls, Ontario Re: R- 2008 -20 Bob Gale Complex: Capital Campaign Update RECOMMENDATION: 1. That the updated list of donations for naming opportunities be received for information purposes. At the March 31, 2008, Council meeting, the following naming opportunities totaling a contribution of $500,000 to the fundraising capital campaign target of $2.25 to $2.5 Million was confirmed: E.S. Fox Limited Spectator 2000 seat Pad #1 $250,000 Lifetime Financial Planning Group Community Pad 2 75,000 Meridian Credit Union Community Pad 3 $100,000 Centennial Construction Community Pad 4 75,000 The following donations, totaling $130,000 are being formally confirmed: Walker Industries Community Board Room $50,000 The Long Family Convenor's Meeting Room $30,000 Press Box Stadium Pad F. Pingue Sons Construction $20,000 Daniel Partners Brandon Boone Dressing Room $15,000 Upper Canada Consultants Dick Hodge Dressing Room $15,000 The naming opportunities which remain for the Bob Gale Complex opening in May 2010 are valued at $370,000 and comprise of the Niagara Falls Memorial Room for $100,000, and 18 dressing rooms each at $15,000. With the naming of these remaining opportunities, the fundraising support for this portion of the capital campaign or a total of $2 million would be achieved. I campaign is the Great Seat Sale featuring the 'In the gn is also ongoing, approximately $32,000 have been 5,500. 7 1 01Ylontrose Road, Unit Niagara Falls ON Canada L2H 3N3 905 -356 --7521 www.niagarafalls.ca Working Together to Serve Our Community Community Services Department Parks, Recreation Culture May 26, 2008 Recommended by: Approved by: Respectfully submitted: -2 Denys Morrissey, Director of Parks, Recreation Culture Ed Dujlovic, Executive Director of Community Services MacDonald, Chief Adn7finistrative Officer S:\Council \Council 20081R- 2008 -20 -Bob Gale Complex Capital Campaign Update.wpd R- 2008 -20 May 26, 2008 R- 2008 -23 His Worship Mayor Salci and Members of Municipal Council City of Niagara Falls, Ontario Members: Niag ara ails CANADA Re: R -2008- 23 Contract for the Supply Installation of a New Artificial Turf Sports Field at Kalar Park `Home For Girls Soccer' RECOMMENDATION: 1) That the proposal (P12 -2008) from Doi Turf Restoration Ltd., for the supply and installation of a new artificial turf sports field at Kalar Park `Home For Girls Soccer' in the amount of $869,334.60 ($827,937.71 $41,396.89 GST), be approved. 2) That approval be granted for the proposal amount from the 2008 capital budget; and 3) That the Mayor and City Clerk be authorized to execute the necessary agreement. BACKGROUND: Consistent with the Strategic Plan for Parks, Recreation Culture (2007) which identified the benefits of constructing an artificial turf field in terms of increase in useable hours to community groups and reduction in maintenance costs, staff recommended this project which was originally approved in the 2007 capital budget with only the survey work being completed. The project was again itemized in the 2008 capital budget for consideration. Through the Supply Services Section, staff issued Proposal P12 -2008 which closed on May 6, 2008, to invite companies to submit bid proposals. Eight (8) companies were sent proposal packages and three (3) companies submitted bid proposals to the City. As stated in the proposal document, bid proposals were evaluated not solely on cost, but on set criteria outlined in the proposal document which included (but not limited to); Qualification and Expertise of the Company and Sub Contractors; Completeness and Conformance; Past Projects and Experience of the Company; Price; Quality of Materials; Warrantee; and Time to Completion. The r`ofessional consultant for this project, RK Associates, �m thoroughly evaluated g y posal using a points system based on the above mentioned oad, Unit 1,; Niagara Falls ON, Canada L2H 3N3 905 -356 -7521 www.niagarafalls.ca criteria. Working Together to Serve Our Community Community Services Department Parks, Recreation Culture May 26, 2008 2 R- 2008 -23 The companies which submitted proposals were as follows: Company Name Evaluation Points (100 highest) Dol Turf Restoration Ltd., Bond Head Ontario 92 Stevensville Lawn Service, Stevensville Ontario 83 Worldwide Turf, Barrie Ontario 60 Funding: Funding for this work is available as follows: City Park Development Charges City PRC Reserve Funds Public Purpose NUSC 50/50 Funding (over 4 year period) The Niagara United Soccer Club (NUSC), formerly known as the Niagara Falls Girls Soccer Club is committed to funding 50% of the total project costs. This 50/50 partnership between the Soccer Club and the City has been mutually beneficial for the past several years in the development and improvements to the Kalar Road `Home For Girls Soccer' Park. Staff has been in consultation with a number of other community groups which have indicated their interest in scheduled use of the new artificial turf field, they include local minor football, high school football programs and rugby. Recommended by: Approved by: Respectfully submitted: 292,500.00 157,500.00 450,000.00 Total 900,000.00 se Morrissey, Director o arks, Recre;:tion Culture Ed Dujlovic, Ex utive Director of Community Services Joh, acDonald, Chief Administ .tive Officer J. Claydon S: \CouncillCouncil 2008\R -2008- 23 New Artificial Sports Field at Kalar Park 'Home For Girls Soccer'.wpd May 26, 2008 PD- 2008 -46 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: Niag ara alts CANADA Re: PD- 2008 -46 AM- 46/2006, Official Plan and Zoning By -law Amendment Application Oakwood Drive, South of McLeod Road Applicant: Oakwood Place Shopping Centre Inc. (SmartCentres Joshua Kaufman) Agents: Mary Bull, Wood, Bull LLB, Glenn Scheels, GSP Group Proposed Major Commercial Development (Shopping Centre) 1. That Council approve the Official Plan and Zoning By -law amendment application to permit a shopping centre development on the land, subject to the standards recommended in this report. 2. That the applicant enter into the necessary development agreements with the City and the Region to provide the required road upgrades outlined in this report, prior to development occurring. �e��� wont oh Th _s-Ear work. with �detlle,lt9 rw a a�d.'a�.�.r� bu ltd an the ad- es proper S BACKGROUND: rc� lu �n- site IAA. process* N�.tthb6 r .R ?rb fe% 4 tnc ()IAA. 5 Oakwood Place Shopping Centre Inc. SmartCentres Joshua Kaufmann) has requested amendments to the Official Plan and the Zoning By -law for two parcels of land located on Oakwood Drive, south of McLeod Road as shown on Schedule 1. Parcel 1 is 5.54 hectares (13.7 acres) in area, while Parcel 2 is 8.47 hectares (20.9 acres) in area. Parcel 3 is not subject to this application and is proposed to be severed from Parcel 2 through a future severance application. The applicant is proposing to develop a 40,000 square metre (430,570 square foot) shopping centre on the lands, including a 13,500 to 20,500 square metre (145,300 to 220,668 square foot) new prototype Wal -Mart department store, a 4,800 to 14,000 square metre (51,668 to 150,700 square foot) home improvement store, up to 7,000 square metres (75,350 square feet) of smaller retail stores, personal service shops, commercial services, restaurants, auto e services, recreational and entertainment uses, and accommodations (hote a, motel), on Parcels 1 and 2, as shown on 4310 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 www.niac arafails.ca Community Services Department Working Together to Serve Our Community Planning Development May 26, 2008 2 PD-2008-46 The subject lands are designated Tourist Commercial in the Official Plan. The applicant is proposing to develop the lands with uses that would reinforce the Niagara Square Retail District as a regional commercial district. To reflect this change the designation of the lands is requested to be changed to Major Commercial, with special policies to guide the proposed development. The subject lands are zoned Tourist Commercial (TC) by Zoning By -law No. 79 -200. A variance application approved by the Committee of Adjustment in 1990 would permit a factory outlet mall to be developed on Parcel 2. The applicant is requesting the zoning of the lands to be changed to a site specific Planned Shopping Centre Commercial (SC) zone to permit the proposed shopping centre development. The requested zoning provisions involve reductions to the required building setbacks, an increase in lot coverage, maximum and minimum floor areas to reflect the proposed development and the establishment of site specific parking, landscaping and loading requirements. Surrounding Land Uses and Site Conditions The lands are located to the southeast of the Queen Elizabeth Way (QEW) and McLeod Road interchange. A McDonalds restaurant, a Petro Canada gas station and some vacant land exist between the subject lands and McLeod Road to the north. The Niagara Square shopping centre and other commercial uses lie to the west, on the opposite side of the Queen Elizabeth Way. Commercial and industrial uses exist to the south. The Ontario Power Generation (OPG) canal and related lands are located on the opposite side of Oakwood Drive to the east. The only substantial feature on the lands is a watercourse on Parcel 2, which runs west to east and drains into the OPG canal. Circulation Comments Regional Municipality of Niagara The Regional Policy Plan permits new commercial development which does not produce an oversupply or an inequitable distribution of shopping facilities. In general, the proposal is in keeping with the objectives and policies of the Regional Policy Plan. The proposed development is generally consistent with Provincial policies, will provide additional retail choice for residents and should provide for additional employment opportunities. The developer will be required to contribute half the cost of the McLeod Road (Oakwood Drive) intersection improvements including dual left turn lanes from westbound McLeod Road to southbound Oakwood Drive. A detailed stormwater management plan will be required, in accordance with Ministry of Environment guidelines. Parks, Recreation Culture A landscape plan and a street tree planting plan is to be submitted at the site plan stage for the City's approval. Street trees will be required to be planted to the satisfaction of the City's Forestry Section. May 26, 2008 3 PD- 2008 -46 Municipal Works Transportation Services Fire Services Building Services All required Building Permits to be obtained prior to commencement of construction. Ministry of Transportation Niagara Peninsula Conservation Authority The development of the property will require some extensive road improvements involving City and other jurisdictional approvals. The development will generate the need for additional lanes within Oakwood Drive. Typical City standards would require a right -of -way width of up to 34 metres (112 feet). The applicant has proposed a reduction in certain boulevard standards which do not impact on traffic or pedestrian circulation. These alternatives are acceptable with some modifications. Road widenings of up to 47 metres (15.4 feet) wide are required on the subject lands and adjacent properties to the north. A reduction in parking standards to 1 space per 23 square metres of floor area can be supported as it is in keeping with accepted traffic standards. A transit terminal, at the south end of Parcel 1 opposite the WaI -Mart store exit, is requested to provide adequate service to shoppers. This terminal would include a transit lay by and shelter. No objections. Adequate fire access and fire protection will need to be demonstrated at the site plan stage. The Ministry is in agreement with the proposed stormwater management principles. A detailed stormwater management report and servicing plan is required and should address how the QEW will be protected from stormwater impacts and flooding. A 14 metre (46 foot) wide strip of land along the QEW is to be protected for future highway widenings. No objections, in principle, to the proposed enclosure of the watercourse which flows through Parcel 2, provided adequate habitat compensation is provided on a site yet to be determined. No objections to directing stormwater to the adjacent Power Canal. Stormwater quantity measures are not required. The use of oil grit separators for stormwater quality management are acceptable. Further details will be reviewed at the site plan stage. May 26, 2008 4 PD- 2008 -46 Planning Analysis Applications to amend the Official Plan are to be evaluated to ensure the proposal conforms with the general objectives of the Plan, the land is suitable for the proposed use and is compatible with adjacent uses, the need for and market feasability of the proposed use has been demonstrated, infrastructure necessary for the project is adequate or is available, the site design is acceptable, and the proposed zoning standards are appropriate. 1. The proposal conforms to the general objectives of the Official Plan. The lands are designated Tourist Commercial in the Official Plan. Given their exposure to the QEW and their accessibility to the traveling public, the Official Plan recognizes them as being well suited for tourist commercial development of a highway service nature. The Official Plan establishes a hierarchy of commercial districts, seeks to strengthen existing commercial areas and attempts to recapture retail dollars leaving the City. Major commercial districts are at the top of this hierarchy and are to provide a full range of retail and commercial outlets. The Niagara Square Retail District is to be promoted as a regional shopping district providing the widest range of retail shopping. The applicant has requested the lands be redesignated to Major Commercial and to become part of the Niagara Square Retail District. The Official Plan requires market area studies for significant commercial developments to avoid an overbuilt market. The proposal meets the general objectives of the Official Plan as follows: The proposed development will assist in strengthening the Niagara Square Retail District in its role as a regional retail shopping district. This district is intended to be anchored by Niagara Square including major and junior department stores. However, Niagara Square is no longer anchored with a department store. The addition of a large department store will assist the district in providing additional shopping opportunities and thereby help to strengthen its role. The other stores and services will assist providing the full range of retail and commercial outlets expected in this District to meet resident's needs. The applicant has demonstrated, through a market impact study, that the development will assist in recapturing some of the retail dollars that are currently leaving the City. it should be noted that many of the uses contemplated in the proposed development are permitted under the Tourist Commercial designation that currently applies to the lands. The proposal does not involve the establishment of new commercial lands, rather it steers the retail outlets to serve the local population and to strengthen the Niagara Square node rather than primarily serving the travelling public. May 26, 2008 5 PD- 2008 -46 2. The land is suitable for the proposed use and is compatible with adjacent uses. The lands are suited for large scale commercial development, given their visibility and easy access from the QEW and McLeod Road. As well they provide for the only logical expansion of the Niagara Square Retail District that can accommodate a development of this size. High quality design features and landscaping should be incorporated into the development to provide a signature gateway into the City. Adjacent properties are used for commercial and industrial purposes and are not expected to be impacted by the proposed development. The form of the proposed development is considered to be compatible with adjacent uses. The NPCA has accepted in principle the enclosure of the watercourse on Parcel 2. 3. The need for and market feasability of the proposed use has been demonstrated. In order to avoid an overbuilt market the Official Plan requires new commercial development to be justified by a market demand analysis. The applicant has submitted a Market Demand and Impact Analysis, prepared by Malone, Given, Parsons Ltd., which has been peer reviewed for the City by Joseph Urban Consultants Ltd. (JUC). The findings and the recommendations of the studies are summarized below: (a) Department Store The Wal -Mart store which currently exists on Morrison Street is proposed to be closed and expanded into a 20,500 square metre (220,700 square foot) facility on the subject lands. The new store will include a full grocery component, with a floor area of about 4,200 square metres (45,000 square feet). JUC concludes the following: The relocation of the WaI -Mart Store to this site will provide a department store anchor that will strongly reinforce the Niagara Square node. The new store is projected to have a short term impact on the remaining department store sales in the City (Zellers on Morrison Street) but sales should recover by the year 2014. JUC also noted that Zellers should also be assisted by the elimination of a direct competitor (WaI -Mart) across the street. Additional grocery facilities are needed in the southwest part of the City. The analysis by Malone Given Parsons suggests that the proposed grocery facilities on the subject land, along with two other planned supermarkets (Zehrs /Supercentre on Dorchester Road at Highway 420 and a supermarket on the northwest corner of Montrose Road and McLeod Road) can enter the market without closure of any supermarket facilities. May 26, 2008 6 PD- 2008 -46 It is recommended the Official Plan and Zoning By -law amendments require a minimum department store floor area of 13,500 square metres (145,000 square feet) to ensure the Niagara Square node has a department store of a sufficient size to act as an anchor. Currently a supermarket of an unlimited size can be developed on the lands. To control the size of grocery facilities on the lands it is recommended that they be restricted to within the department store as proposed. (b) Home Improvement Store The site plan shown on Schedule 2 illustrates a 10,000 square metre (108,000 square foot) home improvement store on Parcel 1. The applicant is actually proposing this home improvement store to be built in the range of 4,800 to 14,000 square metres (51,668 to 150,700 square feet). The final floor space will depend on the tenant that leases the space. JUC indicated there will be a degree of sales transfers from other home improvement stores, but no closures are anticipated. The consultant also suggested that while a 14,000 square metre home improvement store is supportable, there may be greater market support for a smaller 10,200 square metre (110,000 square foot) store. It is recommended that the Official Plan and Zoning By -law amendments permit a home improvement store in the range of 4,800 to 14,000 square metres (51,668 to 150,700 square feet). (c) Specialty Retail In the first phase the applicant is proposing up to 7,000 square metres (75,350 square feet) for retail stores specializing in specific types or groupings of merchandise on the subject lands. If the home improvement store does not materialize, the applicant is proposing to develop an additional 8,400 square metres (90,000 square feet) for specialty retail stores as a second phase. JUC has reviewed the market findings and concluded that a limited amount of ancillary specialty retail floor space (up to 7,000 square metres or 75,350 square feet) could be developed on the site without adversely impacting the inventory of vacant or undeveloped retail floor space that exists in the City. The proposed Official Plan amendment (attached as Appendix "A will limit the development to 7,000 square metres of specialty retail. The policies will also allow Council to consider an additional 8,400 square metres (90,000 square feet) of specialty retail after January 1, 2011, if substantiated by a market study. This phasing is necessary to give other nodes and retail space a chance to develop, including the undeveloped lands on the north side of McLeod Road opposite Niagara Square and the proposed Zehrs development as well as remerchandizing the vacated Wal -Mart space. To further protect other Major Commercial areas which have an inventory of smaller retail units, the draft policies also will require this specialty retail have a minimum floor area of 1,390 square metres (15,000 square feet) per unit. May 26, 2008 7 PD- 2008 -46 4. The proposal will require additional road improvements. The magnitude of traffic this development will generate was not anticipated by the Official Plan. Improvements to Oakwood Drive and McLeod Road are required to facilitate the expected volume of traffic. Various new developments along McLeod Road (including the subject proposal, other expansions to the Niagara Square node, the convention centre and a significant number of new residential units) has triggered a review by the Region to determine necessary improvements required to the entire McLeod Road corridor. The Official Plan designates Oakwood Drive as a collector road with a 23 metre wide right -of -way. The traffic expected to be generated by this development will require Oakwood Drive to be widened up to four lanes in front of the site, along with additional turning lanes into the development and at the intersection of Oakwood Drive and McLeod Road (dual left turn lanes at the Oakwood Drive /Mcleod Road intersection). Typical City development standards would require Oakwood Drive to be up to 34 metres (112 feet) wide to accommodate all these lanes. No additional widenings will be required south of the site where the road design will taper down to two lanes. The applicant has voiced concern about the size of this right -of -way, noting it may affect the development potential of Parcel 2, and has presented Municipal Works with options to reduce boulevard sizes. City staff reviewed the concepts and can support certain alternatives. The alternative standards would reduce the required Oakwood Drive right -of -way from 34 metres to 28.5 metres (94 feet) at McLeod Road and a right -of -way of 25.1 metres (82.3 feet) at the north edge of Parcel 2. As land on the east side of Oakwood Drive is not expected to be developed, the reduced standards can be accepted. Although the Official Plan typically requires road widenings to be taken from both sides of a road, development constraints on the east side of Oakwood Drive (owned by Hydro One Networks) may make it difficult to obtain land on this side for widenings. As such, the entire road widening (until the westward bend on Oakwood Drive) may need to be acquired from the west side. The developer will be required to enter into the appropriate development agreements to build and to contribute to the construction of the necessary road improvements, including dedicating or obtaining the appropriate amount of land for the widenings. As noted in the comments from the Region, the applicant will be responsible for 50% of the improvements to the Oakwood Drive /McLeod Road intersection, including the construction of additional lanes and the changes to the traffic signals. The Region is initiating an Environmental Assessment of the McLeod Road corridor to address infrastructure improvements generated by the new developments in the area including the subject development. Through this process cost sharing agreements will need to be negotiated and executed by this developer and others along the McLeod Road corridor and the Region. The subject development will be required to contribute toward these improvements. May 26, 2008 8 PD- 2008 -46 5. The proposed site design is acceptable with enhanced landscaping. Originally the applicant had designed the project with the department store facing the QEW, with the rear loading and service areas exposed to Oakwood Drive. Having loading and garbage facilities facing Oakwood Drive is unattractive and would have a significant negative impact on the streetscape of Oakwood Drive. The applicant has since reoriented the building to face south, with the loading and service areas on the north side of the property and away from street frontages. As well as significantly improving the development's appearance to the public, it reduces the building's massing along Oakwood Drive. It is recommended the amending by -law secure this reorientation by requiring loading and service areas to be located away from the street frontage. The applicant has requested building setbacks from the street be reduced from the current 18 metre (59 feet) requirement to as low as 6 metres (19.7 metres) given the road widening and landscaping requirements. Although the 18 metre setback is a typical requirement for other major commercial developments, this reduction is acceptable for the smaller satellite buildings, as their lower height and smaller massing will not impact on the streetscape. Outdoor patios associated with restaurants could project onto a portion of this setback area. The larger buildings have much larger massing and will crowd the street if located too close. The reorientation of the Wal -Mart building has reduced its massing along Oakwood Drive by 50 A reduction in the Wal -Mart building setback to 12 metres (39.4 feet) is acceptable as long as significant landscaping strips along Oakwood Drive are provided to buffer the street from the development. The City's planning program in recent years with major commercial developments has been to require at least 15% of the lot area to be landscaped open space, with 6 metre (19.7 foot) wide landscape strips along street frontages. These enhancements are to mitigate the impacts of the large buildings and parking areas found in these commercial developments. With the reductions in the road allowance widths (discussed above) it is essential these minimum landscaping standards are provided to ensure abutting street frontages are screened and provide for snow storage and ensure snow is not plowed onto City sidewalks which will abut the property due to reduced road right -of -ways. The balance of the landscaping should be provided throughout the site, in the form of treed traffic islands offering shade and walkways to improve pedestrian circulation. The bus stop /layby requested by Transportation Services on behalf of Niagara Falls Transit should be further reviewed at the site plan stage. 6. The proposed zoning, with the landscaping and setback regulations discussed above, is appropriate. The TC zoning of the lands permits a range of retail outlets, including food, clothing, souvenir, liquor and drug stores and bakeries, all without caps on floor area. The current zoning also allows other retail stores up to an aggregate floor area of 7,060 square metres (76,000 square feet). May 26, 2008 The applicant has requested an SC zoning be applied to the property, with site specific provisions tailored to permit the development. The site specific zoning would add a home improvement store as a permitted use. A car rental establishment, a hotel, a motel and a place of worship, appropriate ancillary uses that do not conflict with any uses on the site or adjacent uses, are also requested to be added as permitted uses. As discussed earlier, a supermarket would be prohibited on the site. The proposed zoning by -law will limit the shopping centre to a maximum of 40,000 square metres (430,570 square foot), as well as restrict the WaI -Mart to between 13,500 and 20,500 square metres (145,300 to 220,668 square feet), the home improvement store to between 4,800 and 14,000 square metres (51,668 to 150,700 square feet) and permit up to 7,000 square metres (75,350 square feet) of smaller retail stores. A number of site specific development standards are proposed and /or recommended as noted below: 9 PD-2008-46 Reducing building setbacks from Oakwood Drive to 6 metres (19.7 feet) is acceptable for the smaller ancillary buildings proposed. A reduced setback for the reoriented WaI -Mart and Home Improvement store to 12 metres (39.4 feet) is also acceptable. The amending by -law should prohibit loading and garbage facilities adjacent to a street for this building. Reducing building setbacks on Parcel 1 from OPG lands to approximately 2 metres (6.5 feet) is acceptable provided that OPG does not have any concerns. A minimum landscaped open space standard of 15% of the lot area, with 6 metre (19.7 foot) wide landscape strips along Oakwood Drive, is essential to offset the large parking and building areas and the reduced boulevard standard. A reduction in required parking from 1 space per 18 square metres (194 square feet) of floor area to 1 space per 21 square metres (226 square feet) of floor area was requested by the applicant. Staff can support a further reduction to 1 space per 23 square metres (248 square feet) in accordance with accepted industry standards. This lower standard will assist in achieving the required on -site landscaping as well as the requested on -site transit facilities. The establishment of site specific loading space requirements reflects the need of specific users and is not expected to impact on surrounding streets. An adjustment to permitted open storage standards is requested to allow the storage of home improvement products and sporting goods in a screened enclosure, in addition to the storage of garden supplies now permitted. Open storage is incidental to the additional requested uses and is not expected to have visual impacts as long as.a property designed enclosure, as detailed through site plan control, is provided. To provide flexibility in site design, the applicant has requested an increase in building lot coverage, from 25% of the lot area to 35 This increase is offset by the reduction in parking area created by the lower parking standard. Provided the minimum landscaped open space as discussed above is provided the increase in coverage is acceptable. May 26, 2008 CONCLUSION: -10 PD- 2008 -46 1. The proposed Official Plan Amendment to permit the development of a shopping centre on the land is in general conformity with the objectives of the Official Plan for the following reasons: Recommended by: Approved by: Respectfully submitted: The addition of a department store on the land will provide an anchor to strengthen the Niagara Square Retail District. the proposal is suitable for the site and compatible with adjacent land uses. The proposal is supportable from a market standpoint. Provided necessary improvements are made to the surrounding road network the infrastructure can support the development. The proposal shown on Schedule 2, along with enhanced landscaping, provides for acceptable design features. 2. The amending zoning bylaw will regulate the size and use of the buildings on the property and the development components, and will provide acceptable development standards. E*Ib IL WQ Alex Herlovitch, D4 rector of Planning Development Ed Dujlovic, Eecutive Director of Community Services A.Bryce:yb Attach. S:IPDR120081PD- 2008 -46, AM- 46 -06, Oakwood Drive South of McLeod Rd, Oak.wpd az- acDonald, Chief Administrative officer Subject Land 1 r' voigut 11 CANADIAN D MCLEOD RD Parcel3 r'...4A4 z i, Parcel 2 Parcel 1 dll rn CA 0 z z m rn ANN g'= MEM 11111 Location: Oakwood Drive SCHEDULE 1 LOCATION MAP Amending Zoning By -law No. 79 -200 Applicant: Oakwood Place Shopping Centre Inc. 1:NTS AM- 46/2006 K \GIS_Requests12006\ Schedules \ZoningAM\AM- 46\mapping.map April 2008 .0 UUU 8UUUUUUUUUUUUUUUD UU��� v mmmmmmmmmmo v» mmmm .w M" UUUUUUUU8| u UUUUUUU ^i UUUUUUUUU UUUUUUU °WUUUUUN| »mmm^ DUUUUUUUU/ mUUUUUU UUUUUUUU UUUUUUU^ oUUUUUUUn/ «UUUUUU» UUUUUUUUU UUUUUUUUUU�U| mUUUUU UUUUUUUUU|[ v\ 11111111111111111111111111111111111111111111111111 '�r THE QUEEN ELIZABETH WAY UUUUUUUUUUU c,:111111111111111111111111 UUUUUUUUUUUU|No DU UUUUUUUUU {D u UUUUUUUUUUUU |o DU(NUUUUUUUUUUUUQ|O QUUUUUUUUUUUU N/" UUUUU|UUUUUUUUUU|�(U ^UUUU|UUnUUxnxnUUm �U|MUUUUUUUUU� m ��|U UUUUUU U UUHw U|0U »UU|JU UU UU U U U UUU� w 6,11111111111111 �w �w )1111111111111 mmmm _�m" UUU!IIIII,111111111 ftl 1 110 o mo um n 1 n o UUUHNUU|� U\11\1 N ��U U UU| 1 UU ^i Uv OUU|| UUUUU|' 1 U8 u UU |0 UUUUU {V U \UUUUU|k D o U TA 1 ]UUUUUF NU|L THE- QUEEN ."-APETE-I WAY IMAIN PART 2 BODY OF THE AMENDMENT All of this part of the document entitled PART 2 Body of the Amendment, consisting of the following text and attached map, constitute Amendment No. to the Official Plan of the City of Niagara Falls. DETAILS OF THE AMENDMENT The Official Plan of the City of Niagara Falls is hereby amended as follows: 1. MAP CHANGE The "Area Affected by this Amendment" shown on the map attached hereto, entitled "Map 1 to Official Plan Amendment No. shall be redesignated from Tourist Commercial to Major Commercial on Schedule "A" of the Official Plan. 2. TEXT CHANGE PART 2, SECTION 3 COMMERCIAL is amended by: i) renumbering policy 3.2.3.3 to 3.2.3.4; and ii) adding the following new policy: "3.2.3.3 Appendix "A" The land within the southeast quadrant of McLeod Road and the Q.E.W. shall be developed to reinforce the Niagara Square Retail District as a regional commercial district. A shopping centre is planned for this quadrant having a total gross leasable floor area of approximately 40,000 square metres. The shopping centre is generally comprised of two parcels of land located on the north and south side of Oakwood Drive. The permitted uses include a department store, a home improvement store, retail stores, personal service shops, commercial services, restaurants, automotive services, recreational and entertainment uses and accommodations. A free standing supermarket is not permitted. Each parcel is to be anchored by a large retail outlet or use or a grouping of medium sized retail outlets. The balance of the floor area on each parcel is to be comprised of smaller retail outlets, personal service shops, services and restaurants. To this end, the implementing zoning by -law will include minimum and maximum gross leasable floor areas for many of the permitted uses. The development of the shopping centre shall be phased in order to ensure that prevailing market conditions, the health of other planned commercial development in this district and other districts throughout the City are properly considered before the composition of outlets is allowed to change. To ensure the shopping centre develops as planned: H:\BODY_OAKWOODPLACE.wpd 2 i) The first phase of development shall include a department store with a minimum floor area of 13,500 square metres and a maximum floor area of 20,500 square metres on one of the parcels, may include a home improvement store with a minimum floor area of 4,800 square metres and a maximum floor area of 14,000 square metres on the other parcel, and may include up to a combined maximum aggregate floor area of 7,000 square metres for small retail stores on both parcels. Personal service shops, commercial services, restaurants, automotive services, recreational and entertainment uses and accommodations will not be limited on either parcel; and ii) A second phase of development may be considered through a zoning amendment application after January 1, 2011, if supported by a Market Impact Study. This phase may allow an additional maximum floor area of 8,400 square metres within the 40,000 square metre shopping centre to be developed for general retail purposes, with a minimum individual retail store size of 1,390 square metres. MAP 1 TO AMENDMENT NO. SCHEDULE A TO THE OFFICIAL PLAN Area Affected by this Amendment Proposed Change From: Tourist Commercial Proposed Change To: Major Commercial K \G I S_Requests\20066Sch edu les\Zon ingA MNAM -0 6 \mapp ing. map CITY OF NIAGARA FALLS OFFICIAL PLAN EXCERPT FROM SCHEDULE A FUTURE LAND USE PLAN INDUSTRIAL MAJOR COMMERCIAL RESIDENTIAL TOURIST COMMERCIAL NOTE: This schedule forms part of Amendment No. to the Official Plan for the City of Niagara Falls and it must be read in conjunction with the written text. N 1:NTS AM- 46/2006 April 2008 Ap r 22 2008 11:24AM REGIONAL PLANNING Ftegic)n PLANN NG AND DEVELOPMENT April 22, 2008 Mr. Andrew Bryce Planner 2 Planning Development City of Niagara Falls 4310 Queen Street, P.O. Box 1023 Niagara Falls, ON 6X5 No. 2802 P. 2 The Regional Municipality of Niagara 2201 $t David's Road, P,O, Box 1042 Thorold, Ontario L2V 417 Telephone: 9054S4-3630 Fax: 905-841.520e pianoregionalniaga on.oa D10.M11 21 D10.M11,23 Dear Mr. Bryce: Re: Peer Review of Market Demand and Impact Analysis Official Plan and Zoning Bylaw Amendment Application AM /2 06 Proposed Major Commercial Development Oakwood Drive, south of McLeod Road s WO The above noted Official Plan Amendment and Zoning Bylaw Amendment applicatkris have been submitted to facilitate the development of a 39,200 square metre (422,000 square foot) major commercial centre that will consist of a Walmart retail store, which includes a grocery store component, a home improvement store, and various smaller format retail stores. The existing Walmart located at the MorrlsoniDorchester Road centre will relocate to the Oakwood site. Regional Planning staff commented on the applications in a letter dated February 20, 2007, and generally had no objections to the proposed amendments subject to a peer review of the Market and Demand impact Analysis prepared by Malone Given Parsons Ltd. (MOP). The peer review has been completed by Joseph Urban Consultants. Regional Planning staff offer the following additional comments on the peer review and applications. The Regional Policy Plan contains policies to guide commercial development within the Niagara Region. Policy 5.14 states that states that the Region will not approve new commercial proposals which, by its size and location, would produce an undesirable oversupply or inequitable distribution of shopping facilities within the Region and which does not mainly serve the residents of the local municipality. The Region will consider the impacts of a commercial proposal on existing and planned shopping facilities within the local municipality and throughout the Region. In a supplementary memo, dated December 3, 2007, Joseph Urban Consultants provided comments on the conformity of the proposal with the Regional Policy Plan, Building Community. Buildin Arm 22. 2008 11:24AM REGIONAL PLANNING No. 2802 2 The general conclusiOn of the review was that the Smart Centres development did not create any significant retail planning issues with respect to existing and planned retail structure. The review suggests that the proposal is In keeping with the objectives and policies of the Regional Policy Plan, but that caution should be taken with the amount of specialty DSTM floor space permitted. Some of the specific comments/conclusions provided by Joseph Urban Consultants include: The strengthening of department store and home improvement services within the community is supported, However, the provision of significant additional specialty retail outlets on the SmartCentro site will diminish the prospects for an effective redevelopment of downtown Niagara Falls. The proposed Smart Centre development, with cautious limits placed on the amount of Specialty DSTM floor space, would not produce an oversupply or inequitable distribution of shopping facilities within the Region. Whilst the Smart Centres proposal will recover a portion of the outflow of Niagara Falls shoppers to St. Catharines, the regional demand does not change. Proximity to available facilities will be improved for Niagara Falls residents. From.a Regional perspective, the MGP report does Tiotspow any major diversion of sales from existing facilities in either the secondary zones or current outflow destinations to the proposed facility. It appears the Joseph Urban Consultant's peer review adequately addresses the Regional Policy Plan. Accordingly, Regional Planning staff has no further objections to the proposed applications. in addition, Regional Planning staff support the following Joseph Urban Consultant suggestions: A further zoning application supported by a market study should be required by the applicant after the completion of the initial development to support any conversion of floor space to Specialty DSTM, The proposed SmartCentres development would enhance area shopping services and reinforce the Niagara Square node, which recently saw the closure of the Bay department store. The necessary remerchandising of the Bay, Canadian Tire, Zehrs, and Wal Mart stores plus the current vacant space in the downtown should be given priority over the designation and zoning of any Specialty DSTM floor space on the Smart Centres site. The City should consider either limiting the amount of ancillary Specialty DSTM at the SmartCentres site or phasing the amount of space to distinct opening dates to accommodate a reasonable absorption for other vacated premises. The combination of three new supermarket facilities (Zehrs relocation, the former City site, and the supermarket component of the Smart Centres site) may require Apr, 22. 20Q8 11:25AM REGIONAL PLANNING 16,282 P. 4 3 al P 4ic. Works The Regional Public Works Department is in the process of reviewing the proposed commercial development. Regional Public Works comments and conditions will be forwarded when they have been finalized. )11C1U51011 Regional Planning staff has no objections from a Provincial or Regional planning perspective to the approval of the proposed Official Plan Amendment and the Zoning Bylaw Amendment. Based on the concerns raised in the peer review, the City may wish to consider limits on the amount of Specialty DST floor space for the SrriartCentres site, Regional Public Works comments will be forwarded once they have completed their review. In accordance with the Memorandum of Understanding with Area Municipalities, the Official Plan Amendment is exempt from Regional approval. However, our files indicate the Regional review fee .of $800,00 has not yet been submitted. By copy of this letter, we are requesting the applicant kindly arrange to have the required fee, made payable to the Regional Municipality of 'Niagara, submitted: to the Regional Planning Department. If you have any questions or wish to discuss these comments, please contact Sue Mabee, Planner, or Peter Colosimo, Transition 'Manager,. Development Services Division. Please send notice of the City's decision with regard to the c tons. Yours truly, $ue Mabee Planner SW phasing of development to ensure the predl t d impact levels have not been understated. Cc: Ms. Elaine Sul, SmartCentres Ltd., 700 Applewood Crescent, Suite 100, Vaughan, ON, L4K 5X3 Mr. W, Stevens, Regional Public Works SKNIAGARA FALLS\OPAkSmartCentres Waimart Oakwood SitelCommants2.doo Niagara f Region PLANNING AND DEVELOPMENT February 20, 2007 Mr. Andrew Bryce Planner 2 Planning Development City of Niagara Falls 4310 Queen Street, P.O. Box 1023 Niagara Falls, ON L2E 6X5 Dear Mr. Bryce: The Regional Municipality of Niagara 2201 St. David's Road, P.O. Box 104 Thorold, Ontario L2V 4T7 Telephone: 905 -984 -3630 Fax: 905- 641 -5208 E -mail: plan ©regional.niagara.on.ca File: D10.M11.21 D10.M11.23 Re: Official Plan and Zoning Bylaw Amendment Application AM- 46/2006 Proposed Major Commercial Development Oakwood Drive, south of McLeod Road SmartCentres Limited The applicant is proposing to develop a 39,200 square metre (422,000 square foot) major commercial centre that will consist of a 19,928 square metre Walmart retail store, a 10,078 square metre home improvement retail store, and various smaller format retail stores. The existing Waimart located at the Morrison /Dorchester Road centre will relocate to the Oakwood site and expand its format to include a grocery store component. The property is currently designated Tourist Commercial in the City's Official Plan and zoned Tourist Commercial in the City's Zoning Bylaw. To facilitate the proposed commercial development, the Official Plan Amendment application proposes to redesignate the subject land from Tourist Commercial to Major Commercial and the Zoning Bylaw Amendment application will rezone the property to permit the large format retail development. The following reports were submitted with the applications: Market Demand and Impact Analysis prepared by Malone Given Parsons Ltd., dated December 2006 Functional Servicing Report prepared by Trafalgar Engineering Ltd., dated December 6, 2006 SmartCentres Inc. Niagara Oakwood Planning Report prepared by GSP Group, dated December 2006 The following Provincial and Regional comments are offer considering the proposed development. Building Community. Building Lives. RECEIVE FEB 2 3 2007 PLANNING DEVELOPMENT File: Planning Scanned In REGIONAL REVIEW The existing Official Plan designation and zone category provide for commercial uses at the Oakwood site. There was a previous proposal to develop the site for a factory outlet but this proposal was abandoned. The current proposal is to develop a large scale "big box" shopping centre. The Tourist Commercial designation provides for commercial uses but it is intended that the commercial uses are oriented to tourists. The proposed large scale shopping centre is not contemplated under the Tourist Commercial designation. The Official Plan Amendment application proposes to redesignate the property to a more appropriate Major Commercial designation to permit the proposed shopping centre development The Tourist Commercial (TC) zone permits a range commercial uses, such as restaurants, retail, and food stores, subject to maximum floor area and site area restrictions for retail uses. Although the current proposal is for uses that are already permitted under the current TC zone, the large scale format will exceed the floor area and site area restrictions. Therefore, the Zoning Bylaw Amendment application proposes to rezone the property to Planned Shopping Centre Commercial, which permits the same general range of commercial uses as the TC zone, and will contain site specific floor area requirements to allow for the larger scale retail development. Regional Policy Plan 2 The subject lands are within the Urban Area Boundary for the City of Niagara Falls according to the Regional Policy Plan. The commercial policies of the Regional Plan encourage local municipalities to provide the opportunity for convenient, attractive, and economically viable retail facilities that are compatible with the needs and desires of residents. Policy 5.13 acknowledges that the primary responsibility for determining a detailed commercial strategy rests with the local municipality; however, the Region will review all major proposals for new commercial development in Tight of the objectives and policies of the Regional Policy Plan. Market Analysis for Commercial Development Policy 5.14 of the Regional Policy Plan states that the Region will not approve new commercial proposals which, by its size and location, would produce an undesirable oversupply or inequitable distribution of shopping facilities within the Region. The Region will consider the impacts of the new commercial proposals on existing shopping facilities within the local municipality and in the Region, local and Regional infrastructure and services, and compatibility with adjacent land uses. A Market Demand and Impact Analysis has been prepared by Malone Given Parsons Ltd. (MGP) to address several key issues relating to the proposal as required by Regional and City Official Plan policies. The study examines issues such as whether the market can support the proposed development, whether the development will have an adverse impact on existing and planned commercial areas including the downtown, and 3 whether the development will result in an oversupply or inequitable distribution of shopping facilities. While the relocation and expansion of the existing Walmart store may not have a substantial impact on the existing local retail environment, if the overall proposal, which includes a second large format home retail store along with several smaller format stores, is considered in the context of the surrounding area there may be some additional Regional considerations. Across the QEW to the west of the Oakwood site is the Niagara Square shopping centre, which has recently added several mid size retail facilities including a Future Shop, Linens n Things, Petcetera, and a Winners. In addition, the report suggests the existing Canadian Tire store located on McLeod Road will be relocating to the Niagara Square site. To the north of Niagara Square, on the north side of McLeod Road and west of Montrose Road, is a 12.1 hectare vacant parcel that was recently redesignated and rezoned to permit 28,800 square metres (310,000 square feet) of large format retail space. Taken together the Oakwood site, the Niagara Square site, and the McLeod /Montrose site represents a significant retail node at the McLeod Road and QEW area. The Market and Demand Impact Analysis acknowledges that the proposed development, together with the Niagara Square and McLeod Montrose sites, represents an opportunity to establish a major shopping area with the scale and accessibility to serve a large regional area. The report submitted includes an examination of existing and planned retail in the City of Niagara Falls along with the "trade area" communities of Niagara on the Lake and Fort Erie. The report also includes some discussion of commercial space in St. Catharines and Welland. The report concludes that the proposed development: can be supported by the market; will not have adverse impact on the planned function of existing and planned commercial areas; will not produce an undesirable oversupply or inequitable distribution of shopping facilities within the Region; and, while expected to serve a large regional resident population, the majority of sales will come from the residents of Niagara Falls. Given the scale of major commercial development, existing and proposed, at the McLeod and QEW area, Regional staff has some questions as to whether the Market Demand and Impact Analysis adequately addressed the proposal from a Regional market level particularly the impact on existing or planned shopping facilities throughout the Region. Regional staff understands that the Market Demand and Impact Analysis Report will be peer reviewed by Joseph Urban Consultants. As part of the peer review, the Region requests the consultant provide an opinion as to whether the study appropriately addresses the impacts of the proposed commercial development on existing and planned shopping facilities within the Region and an opinion on the conclusions with respect to oversupply or inequitable distribution of shopping facilities within the Region. Regional Public Works Ministry of the Environment 4 Regional Environmental Policies A small stream traverses the north site and outlets into the Hydro Canal to the east. According to available mapping and the Core Natural Heritage Map, the stream is not identified or designated as a fish habitat. The Regional Public Works Department is in the process of reviewing the proposed commercial development and is requesting additional time to finalize comments and requirements. This can be completed once site servicing drawings are submitted and the Traffic Impact Study has been assessed. Regional Public Works comments and conditions will be forwarded when they have been finalized. PROVINCIAL REVIEW To address Planning Act requirements, the Region and other agencies must be consistent with the Provincial Policy Statement and Growth Plan. Regional Planning staff has reviewed the applications in light of Provincial policy and has the following comments: Provincial Policy Statement and Growth Plan The Provincial Policy Statement and Growth Plan requires planning authorities to promote economic development and competitiveness by providing for an appropriate mix and range of employment including industrial, commercial, and institutional uses to meet long term needs. The proposed commercial development will provide additional retail choice for residents of the City of Niagara Falls and together with nearby existing and planned commercial development the McLeod /QEW area will likely provide retail opportunity for residents of the Niagara Region. This in turn should provide for additional employment opportunity especially for residents of the City of Niagara Falls. The proposed development appears to be generally consistent with focus of the Provincial Policy Statement and Growth Plan and will facilitate development of a major commercial centre at a location where it appears appropriate levels of planned infrastructure exist subject to the results and recommendations of the forthcoming traffic study. Stormwater Management The Functional Servicing Report prepared by Trafalgar Engineering Ltd. provides preliminary information on stormwater management for the proposed development. The watercourse that traverses the north site conveys stormwater from the QEW 5 right of way to a culvert under Oakwood Drive and outlets into the Hydro Canal. The watercourse is proposed to be enclosed to facilitate development on the site. A similar proposal to enclose the watercourse was made in 1992 in conjunction with a proposal to develop a factory outlet mall on the site. Trafalgar Engineering Ltd. proposes to use the Proctor and Redfern Report as a basis for the detailed design of the box culvert for the watercourse enclosure. An onsite storm sewer system is proposed for the north site to convey storm drainage from the parking lots and buildings to the proposed box culvert traversing the site. The servicing report suggests that there is no need for site quantity control since Ontario Power Generation would like to maximize flow through the Hydro Canal. Onsite stormwater quality control will be implemented using oil -grit separators to "enhanced" level requirements. For the south site, the construction of a storm sewer is proposed along Oakwood Drive from the proposed box culvert. The servicing report notes that because the south site is below the elevation of Oakwood Drive, it may be necessary to oversize the storm sewer to accommodate more severe storms or, alternatively, to provide sufficient onsite storage to contain severe storms until the water can be discharged. A detailed stormwater management plan will be required to be prepared, in accordance with MOE guidelines, at the time of Site Plan Control application. The Niagara Peninsula Conservation Authority will be requested to review the stormwater management plan on behalf of the Regional Planning and Development Department. Ministry of Natural Resources A review of aerial photos and available Ministry of Natural Resources mapping indicate that there are no nearby natural features of Provincial significance that would be impacted by the proposed commercial development. Ministry of Culture Based on Ministry of Culture information and the physiography of the subject property and surrounding lands, the subject property does not appear to have potential for the discovery of archaeological resources. Accordingly, Regional Planning staff does not require an assessment of archaeological resources for the subject property. Conclusion Regional Planning staff has no objections from a Regional or Provincial perspective to the approval of the proposed Official Plan Amendment and the Zoning Bylaw Amendment subject to the issues outlined above being satisfied, in particular the peer review of the Market Demand and Impact Analysis. Regional Public Works will have additional comments once they have completed their review. If you have any questions or wish to discuss these comments, please contact Sue Mabee, Planner, or Peter Colosimo, Senior Planner. Please send notice of the City's decision with regard to the applications. Yours truly, SM/ David J. Farley Director of Planning Services Attachments: 6 Cc: SmartCentres Limited c/o Elaine Sui, 700 Applewood Cres., Suite 100, Vaughan, ON, L4K 5X3 Wood Bull LLP c/o Mary Bull, 65 Queen Street West, Suite 1400, Toronto, ON, M5H 2M5 Ms. B. Ryter, Ministry of the Environment, Hamilton Mr. P. Bond, Niagara Peninsula Conservation Authority Mr. W. Stevens, Regional Public Works SM\NIAGARA FALLS\OPA \SmartCentres Walmart Oakwood Site\Comments.doc 04/05/2007 THU 9:48 FAX 905 788 1121 NPCA 4-44 Niagara Falls PL /PW /EN Ejl NIAGARA PENINSULA CONSERVATION =AUTHOR f T Y 250 Thorold Road West, 3rd Floor Tel (9o5) 788 Welland, Ontario L3C 3W2 Fax (905) 788-till E -mail: npca@conservation niagara,on.ca April 5, 2007 File MPR 4.18.29 Mr. Andrew Bryce, Planner 2 Planning and Development City of Niagara Falls City Hall 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Sir: CL73:- Subject: Application for Zoning Bylaw and Official Plan Amendment SmartCentres Limited, Oakwood Drive south of McLeod Rd. Your File AM- 46/2006 .4 A.(r 1 r: fJ s,.:f. 1J 00 1 TD) RECEIVED APR 0 5 2007 PLANNING DEVELOPMENT Nor Conservation Authority staff have reviewed the above noted applications for Official Plan and Zoning Bylaw Amendment and offer the following comments and observations for your consideration. Application is being made to amend the City's Official Plan and Zoning bylaw to enable development of the property with a large scale commercial complex (422,000 sq. ft.). The NPCA's review interest and responsibility pertains to an existing watercourse onsite and the associated stormwater management design. The developer proposes to entomb the watercourse as part of the development. Conservation Authority staff have had several meetings with the proponents environmental and project management consultants to discuss the watercourse issue. Subsequent to these meetings and on site discussions and inspections, the NPCA has no objection in principle to entombing the watercourse onsite, provided that adequate habitat compensation is implemented. With respect to the Functional Servicing Report completed by Trafalger Engineering Ltd., the following comments are offered: These comments pertain to our review of the `Functional Servicing Report for Smart Centres Proposed Commercial Development, Oakwood Drive at McLeod Road City of Niagara Falls' (dated December 6, 2006) by Trafalgar Engineering Limited. Based upon our review, the NPCA offers the following comments: 04/05/2007 TAU 9:48 FAX 905 788 1121 NPCA -144 Niagara Falls PL /PW /EN l4t002/002 2 1) The NPCA has no objection in principal to the proposal to convey stormwater from the North and South site into the Chippawa Power Canal via storm sewer. Prior to construction, the NPCA will require that detailed design drawings be circulated to this office for review and approval. 2) Due to the location of the site in the watershed, the NPCA will not require that stormwater quantity controls be implemented. Confirmation shall be provided however, that this project's stormwater runoff (from the Regulatory storm) will not negatively impact adjacent landowners and infrastructure. 3) The NPCA has no objection to the installation of adequately sized oil /grit separators in order to provide for stormwater quality control. As a minimum, the NPCA will require that all stormwater be treated to a Normal standard prior to discharge from the site. It is our understanding that the development will be subject to site plan control. We note that the Conservation Authority's comments are more appropriately addressed at the site plan approval stage and will be providing more detailed review at that time. We have no further issues with the proposed OPA and ZBA. Trusting the enclosed to be satisfactory, please send notice of your Council's decision. Further, we would ask that the NPCA be included as a commenting agency for the Site Plan Agreement application. Yours truly, Paul Bond Senior Watershed Planner (ext. 234) PEB cc: Regional Niagara Planning and Development Dept. (fax 905 -641 -5208) Trafalger Engineering Ltd., #1 -481 Morden Road, Oakville, ON L6K 3W6 06/06/2007 09:43 416- 235 -4267 Ministry of Transportation Mlnlsttre dos Transports Phone: (416) 235 -5124 Fax: (416) 235 -4267 E -mail: hugh.fyffea mto,gov.on.ca Andrew Bryce Planning Development P.O. Box 1023, City Hall 4310 Queen Street Niagara Falls, Ontario, L2E 6X5 CORRIDOR MANAGEMENT Project Manager Central Region Corridor Management Section 7 Floor, Bldg. D 1201 Wilson Avenue Downsview, Ontario M3M 1J8 June 06, 2007 Ontario Re: Proposed MaJoar Commercial Development AM- 46/2006, Official Plan and Zoning By -Law Anaendtnent Application Smart Centres Limited, Oakwood Drive south of McLeod Road City of Niagara Falls PAGE 02 Dear Mr. Bryce: The ministry is in agreement with the stormwater management principle in the Functional Servicing Report. Please provide a detailed storm. management report and site servicing plan in accordance with MTO policy for our review and approval. The report should address the following: 1. How the QEW will be protected up to and including the Regional Storm. 2. Demonstrate that conveyance of upstream flow is adequate. 3. Conveyance of the MTO runoff from the QBW is addressed adequately. 4. Flood mitigation if there are flooding impacts to the QBW. Please visit our website at www n nto .gov.on.ca/englialljenginee ,g/drainage /sto water/ for ministry policy and guidelines for the preparation of drainage reports. If you have any questions, please feel free to contact me at (416 235 4572). 06/ 06/ 09: 43 416 235 -4267 Ministry of Transportation Mintsthra des Transports Central Region Operations Corridor Management Office 7th Floor, Atrium Tower 1201 Wilson Avenue Downsview, Ontario, M3M 118 FAX TRANSMISSION COVER SHEET CORRIDOR MANAGEMENT Ontario To: Andrew Boyce Company: City of Niagara Falls Fax: (9O5) 356 2354 Re: AM-46/2006, Major Commercial Development, Oakwood Drive/McLeod Road From: Hugh Fyffe PAGE 01 YOU SHOULD RECEIVE 21'AGE(S), INCLUDING 2711S COVER SHEET. IF YOU DO NOT RECEIVE ALL THE PACES, PLEASE CALL (416) 2354572. RECEIVED JUN 0 61007 PLANNING DEVELOPMENT May 26, 2008 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Proposal Niag ara alts CANADA Re: PD- 2008 -51 26CD -11- 2008 -04, Draft Plan of Vacant Land Condominium 3232 Montrose Road (East Side), Opposite Matthews Drive Owner: 1736194 Ontario Limited (Fred Sacco) PD- 2008 -51 1. That the Plan of Vacant Land Condominium be draft approved subject to the conditions in the attached Appendix. 2. That 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. That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and granted by Council. 4. That the Mayor and City Clerk be authorized to execute the condominium agreement and any required documents to allow for the future registration of the condominium when all matters are addressed to the satisfaction of the City Solicitor. The applicant proposes to register a Vacant Land Condominium over the 3.42 hectare (8.45 acre) site to create vacant units (ie. lots) for the future construction of 70 townhouse dwelling units. The property is located on the east side of Montrose Road, opposite Matthews Drive (see Schedule 1). The proposed plan layout is illustrated on Schedule 2. The plan of condominium subdivision will permit the individual ownership of each unit of land in the development with the private driveways, visitor parking and some landscaped areas shared by the condominium corporation. 023 Niagara Falls, ON, Canada L2E 6X5 905 -356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Community Services Department Planning Development May 26, 2008 2 PD- 2008 -51 Planning Process The zoning for this project was approved by Council in 2005 following public input. Zoning By -law No. 79 -200, as amended by By -law No. 2005 -131, zones the land Residential Low Density, Grouped Multiple Dwellings (R4(H) -674) which permits a maximum of 75 townhouse dwelling units with site specific development standards. The Holding (H) symbol that applies to the land requires the approval of a noise study and the incorporation of mitigation measures into the project prior to the development proceeding. The project has been reduced by 5 units and is designed for compatibility with surrounding land uses. The development contributes to the mix of available housing types in the area. The vacant land condominium process divides property into "units" of land which are sold much like lots or blocks in a typical plan of subdivision and building permits can then be issued. This process eliminates the need for site plan approval. The required Public Meeting under the Planning Act for the vacant land condominium was held on April 28, 2008. There were two letters submitted from residents of Canterbury Crescent to the south concerning the removal of trees and brush from a City -owned servicing /drainage corridor abutting the development site. The applicant acknowledged that the removal of vegetation from City land was done in error and will replant at a ratio of 2:1. Staff have met with the residents to discuss replanting options that are appropriate over this municipal drainage area. The Niagara Peninsula Conservation Authority requires the immediate installation of sediment control fencing in the disturbed area adjacent the creek. However, there will be future excavation within the corridor to provide the sanitary sewer connection for the development. The residents have been advised of tonight's meeting to consider approval of the draft plan of vacant land condominium. Conditions of Approval There are site specific issues to be addressed through the condominium application. Approval of plans for servicing, grading /drainage, the private driveway, lighting and landscaping /fencing are required. The approval of the driveway layout and designation of a fire access route through the development are needed. A sidewalk is required along Montrose Road abutting the site. The future construction of the townhouse dwelling units must satisfy zoning regulations. A condition of approval for cash -in -lieu of parkland dedication is requested to be included in the condominium agreement. The Region requests various conditions for development approval. Noise attenuation fencing, construction measures and warning clauses are required to address QEW and Montrose Road noise impacts. Stormwater management and archaeological resource issues must also be addressed. Conditions are requested for Montrose Road related to a widening, daylighting triangles and a traffic study. Regional waste collection requirements must be satisfied or private waste collection will be necessary for the condominium. The Niagara Peninsula Conservation Authority also requests conditions for stormwater management and the protection of Shriner's Creek. The Ministry of Transportation requirements for building setbacks, drainage and permits must be addressed. Canada Post and Bell Canada have requested typical conditions of approval. May 26, 2008 3 PD- 2008 -51 CONCLUSION: The proposed Draft Plan of Vacant Land Condominium will allow the separate ownership of the land units for the construction of townhouse dwellings in the future. The conditions of approval are listed in the Appendix. Recommended by: Approved by: Respectfully submitted: R.Wilson:mb Attach. A Alex Herlovitch, Director of Planning Development Ed Dujlovic, Executive Director of Community Services ohn MacDonald, Chi Administrative Officer S: \PDR\20081PD- 2008 -51, 26CD -11- 2008 -04, 3232 Montrose Road Draft Plan of Vacant Land Condo.wpd May 26, 2008 -4 APPENDIX Conditions of Draft Plan of Vacant Land Condominium Approval PD- 2008 -51 1. Approval applies to the Draft Plan of Vacant Land Condominium prepared by Matthews, Cameron, Heywood Kerry T. Howe Surveying Ltd., dated March 19, 2008, showing vacant land units for 70 townhouse dwelling units as well as common element areas for private driveways, visitor parking and landscaping. 2. The developer enter into a registered Condominium Subdivision Agreement with the City to satisfy all requirements, financial and otherwise, related to the development of the land. 3. The developer submit a Solicitor's Certificate of Ownership for the property to the City Solicitor prior to the preparation of the Condominium Subdivision Agreement. 4. The developer submit all servicing plans including water, sanitary, stormwater, private driveway, lighting, lot grading and drainage to the Municipal Works Division for review and approval. 5. The developer construct a sidewalk along the Montrose Road frontage of the site to the City's satisfaction. 6. The developer submit servicing plans indicating driveway dimensions and the location of fire hydrants to the satisfaction of Fire Services. 7 The developer submit a request to Fire Services to designate through municipal by- law a fire access route on the property. 8. The developer pay the City cash -in -lieu of 5% parkland dedication. 9. The developer submit a landscaping and fencing plan for the review and approval of the City including the streetscape treatment along Montrose Road and the design details and locations of any garbage enclosures. 10. The developer provide five copies of the pre registration plan to Planning Development and a letter stating how all conditions imposed have been or are to be fulfilled. 11. The developer is hereby advised that prior to commencing any work within the Plan, the developer must confirm that sufficient wire -line communication/ telecommunication infrastructure is currently available within the proposed development to provide communication /telecommunication service to the proposed development. In the event that such infrastructure is not available, the developer is hereby advised that the developer may be required to pay for the connection to and/or extension of the existing communication /telecommunication infrastructure. If the developer elects not to pay for such connection to and /or extension of the existing communication /telecommunication infrastructure, the developer shall be required to demonstrate to the municipality that sufficient alternative communication /telecommunication facilities are available within the proposed May 26, 2008 5 PD- 2008 -51 development to enable, at a minimum, the effective delivery of communication/ telecommunication services for emergency management services (ie. 911 Emergency Services). 12. The developer include in all offers of purchase and sale, a statement that advises the prospective purchaser that the home /business mail delivery will be from a designated Centralized Mail Box (CMB) and that the developer will be responsible for officially notifying the purchasers of the exact CMB locations prior to the closing of any home sales. 13. The developer satisfy all requirements of Canada Post regarding temporary Centralized Mail Box locations, engineering servicing drawings, installation and providing mail service information to property owners. 14. The developer promptly acknowledge that draft approval of this condominium does not include a commitment of servicing allocation by the Regional Municipality of Niagara as this servicing allocation will be assigned at the time of final approval of the condominium for registration purposes. 15. Immediately following notice of draft plan approval, the developer shall provide the Regional Development Services Division with a written undertaking that all offers and agreements of purchase and sale, which may be negotiated prior to registration of this condominium, shall contain a clause clearly indicating that a servicing allocation for this condominium will not be assigned until the plan is granted final approval for registration, and a similar clause be inserted in the condominium agreement between the developer and the City of Niagara Falls. 16. The developer gratuitously grant to the Regional Municipality of Niagara, free and clear of any mortgages, liens or other encumbrances, a 5 metre by 5 metre daylighting triangle at the intersection of the main access and Montrose Road. Note: The developer should contact Mr. Randy Clegg, Regional Public Works Department at (905) 685 -4225, extension 3326 at the earliest opportunity to discuss this requirement. 17. The developer deed to the Regional Municipality of Niagara, free and clear of any mortgages, liens or other encumbrances, 0.3 metre (one foot) reserves across the Regional Road frontage of Units 1 to 7 and 8 to 14 to preclude access in perpetuity to Montrose Road. 18. The developer deed to the Regional Municipality of Niagara, free and clear of any mortgages, liens or other encumbrances, a 3.05 metre (10 foot) road widening across the Regional Road frontage of the subject property, wide enough to create a road allowance with a minimum distance of 43 -feet from the centerline. Note: As the widening process can take an average 8 weeks to process, the developer is encouraged to contact Ms. Stephanie Paterson of this Department at (905) 685 -4225, extension 3327, at the earliest opportunity to discuss this matter. 19. The developer prepare, and submit for review and approval, a Traffic Impact Study to determine the necessity of any potential improvements to Regional Road 98 (Montrose Road) with regard to additional turning lanes and possible traffic signals. May 26, 2008 6 PD- 2008 -51 20. The condominium agreement between the developer and the City of Niagara Falls contain provisions whereby the developer agrees to implement the recommendations of the approved Traffic Impact Study required in accordance with Condition 19. 21. The noted radius for the proposed accessway be moved to consider the new road alignment on Regional Road 98 (Montrose Road). If required, the developer should contact Regional Public Works staff to obtain a copy of the design for the access to Regional Road 98 (Montrose Road). 22. All streets and development blocks provide through access for curbside collection of waste. 23. The draft plan conform to Regional Niagara Policy "Collection of Waste by Way of Entry on Private Property" to the satisfaction of the Regional Public Works Department. 24. Units 51 to 53 shall receive private waste collection unless the development layout can meet the requirements of Regional Niagara Policy "Collection of Waste by Way of Entry of Private Property". Should no alternate layout be designed, it should be therefore noted that private waste collection by the condominium corporation will be provided and the following warning clause shall be included in the Condominium Agreement and inserted in all Agreements of Purchase and Sale or Lease for each dwelling to survive closing: "Purchasers/Tenants are advised that due to the site layout, garbage pick -up for the development will be provided by the condominium corporation through a private contractor and not the Region." 25. The developer enter into an Indemnity Agreement with the Regional Municipality of Niagara. 26. The developer obtain a Regional Construction Encroachment and /or Entrance Permit prior to any construction taking place within the Regional road allowance. 27. Prior to approval of the final plan or any on -site grading, the developer submit to the Regional Development Services Department for review and approval two copies of a detailed stormwater management plan for the condominium and the following plans designed and sealed by a suitably qualified professional engineer in accordance with the Ministry of the Environment documents entitled Stormwater Management Planning and Design Manual, March 2003 and Stormwater Quality Guidelines for New Development, May 1991: a) Detailed lot grading, servicing and drainage plans, noting both existing and proposed grades and the means whereby overland flows will be accommodated across the site; and b) Detailed erosion and sedimentation control plans. May 26, 2008 7 PD- 2008 -51 Note: The Region will request that the Niagara Peninsula Conservation Authority review the stormwater management and other related plans on the Region's behalf and submit comments to the Regional Development Services Division regarding the approval of these plans and the subsequent clearance of related conditions by Regional staff. 28. The condominium agreement between the developer and the City of Niagara Falls contain provisions whereby the developer agrees to implement the approved stormwater management plan required in accordance with Condition 27. 29. The condominium agreement between the developer and the City of Niagara Falls contain provisions whereby the developer agrees to implement the noise control measures recommended in the Noise Impact Study prepared by HGC Engineering dated March 4, 2008. 30. The developer conduct an archaeological assessment of the property and mitigate, through preservation or resource removal, adverse impacts to any significant archaeological resources found. No demolition, grading, or other soil disturbances shall take place on the subject property prior to the issuance of a letter from the Ministry of Culture and the Region to the City of Niagara Falls indicating that all archaeological assessment or mitigation activities have met licensing and resource conservation requirements. Note: A copy of the archaeological assessment report is to be submitted to the Regional Development Services Division for information. 31. Detailed sedimentation and erosion control plans be prepared for NPCA review and approval. All sediment and erosion control measures shall be maintained in good condition for the duration of construction until all disturbed surfaces have been stabilized. Muddy water shall not be allowed to leave the site or enter the adjacent watercourse. 32. Detailed lot grading, servicing and drainage plans, noting both existing and proposed grades and the means whereby overland flows will be accommodated across the site, be submitted to the NPCA for review and approval. 33. Prior to approval of the final plan, the developer submit to the NPCA a detailed stormwater management plan for the development completed by a qualified engineer and prepared in accordance with the MOEE Stormwater Management Practices, Planning and Design Manual, (as amended). 34. The developer obtain the required permits from the NPCA for the proposed stormwater outfall in accordance with Ontario Regulation 155/06 and the Federal Fisheries Act. 35. Conditions 31 -34 inclusive be implemented through the approved condominium agreement. 36. Prior to final approval, the developer shall submit to the Ministry of Transportation for their review and approval, a stormwater management report indicating the intended treatment of the calculated runoff and the impacts of drainage on the QEW right -of -way. May 26, 2008 8 PD- 2008 -51 Clearance of Conditions Prior to granting approval to the final plan, Planning Development requires written notice from applicable City Divisions and the following agencies indicating that their respective conditions have been satisfied: Bell Canada for Condition 11 Canada Post for Conditions 12 13 Regional Municipality of Niagara for Conditions 14 to 30 (inclusive) Niagara Peninsula Conservation Authority for Conditions 31 to 35 (inclusive) Ministry of Transportation for Condition 36 SCHEDULE 1 Proposed Plan of Vacant Land Condominium 3232 Montrose Road 26CD-1 1-2008-04 Subject Land K: \GIS Requests\ 20081 Schedules \Condos13232_Montrose.map Location Map 1 :NTS April 2008 9 KEY PLAN CIIy Of Niagara Falls (not le Recto) PLAN TO LIAARTRA7E PROPOSED AREAS APR) SETBACKS FOS BY-LAW PURPOSES OF PART OF LOTS 45 AND 54 GEOGRAPHIC TOWNSHIP OF STwroRD CITY OF NIAGARA FALLS REGIONAL MUNICIPALITY OF NIAGARA 7 Ors, SCALE l SOO MaNher., Co,o.,.. N.yreed Ifarry T. Nor. SURVEYING LIMITED LEW 37063 200. SITE INFORMATION NOMBER or .115 TO TOWNN011E5 TOTAL AREA Or 517E 342 No. UNITS PER NECTME 20.s7 BUILDING AREA 367a ram SOLOING COVERAGE 39.6; LANDSCAPED MEN SPACE 4535 span (46.38) AREA Or ROADWAY 5245 .a.m AREA Or N51TOR'AMMO 149 p.m PARKING 96 GARAGE 505[55 96 DRIVEWAY SPACES 74 MY/TOR SPArr TOTAL.220 Manes, CA N,HETWOOD.KERRrtHQWESUev LT e 0 .R )a usx wawa) WarwarWarawasaoavaaremPawro orw.wrrraraRaw* May 26, 2008 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Proposal Niagaraa11s C A N A D A Re: PD- 2008 -50 26T -11- 2008 -01, Public Meeting Deerfield Estates Phase 8 Draft Plan of Subdivision Kalar Road (West Side), South of Lundy's Lane Owner: River Realty Development (1976) Inc. PD- 2008 -50 That Council consider input received at the Public Meeting and refer all matters to staff for review of the Draft Plan of Subdivision. The purpose of this Public Meeting is to receive information and provide an opportunity for the public to comment on the proposed subdivision. Planning Development will consider all comments received from the public, Region, agencies and City divisions and prepare a recommendation report to Council at a future meeting. Notice of the Public Meeting was given in accordance with the requirements of the Planning Act. The applicant has been invited to attend this Public Meeting to provide an overview of the subdivision proposal and answer any questions. No decision is to be made with respect to approval of the subdivision at tonight's meeting. The property is located on the west side of Kalar Road, south of Lundy's Lane and north of Forestview Boulevard as shown on Schedule 1. The applicant proposes to subdivide the 5.165 hectare (12.76 acre) site into 35 lots for single- detached dwellings, 13 lots for semi detached dwellings (or 26 lots for smaller frontage single- detached dwellings) and a block of land with access onto Kalar Road for either townhouses (17 units) or a 3- storey apartment (44 units). The road pattern includes extensions of Parkside Road and Kelsey Crescent in the Deerfield Estates subdivision to the south. There are dead -end streets to be continued on abutting land to the north in the future. Schedule 2 illustrates the submitted subdivision plan lacut. ara Falls, ON, Canada P.O. Box 1023, Nia 2E 6X5 905- 356 -7521 www.niagarafalls.ca Community Services Department Working Together to Serve Our Community Planning Development May 26, 2008 2 PD- 2008 -50 The subject land is designated Residential in the City's Official Plan. The property is zoned Development Holding (DH) through Zoning By -law No. 79 -200. The applicant has requested a zoning change to the Residential Single Family 1 E Density (R1 E) zone for the 35 single- detached lots, to a site specific Residential Single Family and Two Family (R2) zone for the semi detached (or smaller frontage single- detached) Tots and to a site specific Residential Apartment 5B Density (R5B) zone for the townhouse /apartment block. The related Zoning By -law Amendment application (AM- 2008 -008) will be subject to a Public Meeting at a later date. Preliminary Review Based on a preliminary staff review, the following outlines some of the issues for consideration in the future decision on the proposed subdivision: The land is located within the Garner Neighbourhood which has been the focus of new development over the past several years. The proposed subdivision provides a variety of housing types. Additional multiple -unit residential development is required in the north section of the neighbourhood to satisfy City, Regional and Provincial housing mix and density targets. CONCLUSION: The Public Meeting is an important part of the consultation and input process in the review of development applications. This meeting satisfies the requirements of the Planning Act. Comments received will be considered in preparing the recommendation report on the proposed subdivision. Recommended by: Approved by: Respectfully submitted: R.Wilson:mb Attach. tee), iuty, Alex Herlovitch Director of Planning Development John lovic, Executive Director of Community Services dz' acDonald, Chief Administrative Officer S:1PDR120081PD- 2008 -50, Public Meeting, Deerfield Estates Phase 8 Draft Plan of Subdivision.wpd Proposed Plan of Subdivision Deerfield Estates Phase 8 26T -11- 2008 -01 1 ELI /1111111/ EN /11111111/ 2•11 u,1tI'iivIu G Lit/CIC DR Nom FUTURE APARTMENT EDGEWOOD ESTATES SUBDIVISION ADDITIONAL LAND OF APPLICANT VIII/ 51 wilp ral g In a anials #481, %mt. s um w II RS�y1 at 1 4 1 1 ft liserni !aiiiiuiiII 1111 1 SCHOOL UNDER CONSTRUCTION MIIN MMIll s 1- /W %/111 .‚ii n MIN IMO 1 LUNDY'S LANE s 1 INN MIN l lama 'kuPAINE 4.0,21011: L._ mom. 1111111 CATAUNA Ma" 1= RIDEAU ST .1 1 Subject Land y K: \GIS Requests\ 2008\ Schedules\ Subdivision \Deerfield_Phase8\mapping.map SCHEDULE 1 Location Map Scale 1:NTS May 2008 DRAFT PLAN OF SUBDIVISION DEERFIELD ESTATES PHASE 8 ADDITIONAL LANDS OF OWNER 12.830ha., 31.703acres 14946D N 8545.20. CITY OF NIAGARA FALLS DEERFIELD ESTATES BLOCK 52 0.3M RESERVE 189.580m N &moo' 10 3 5 Pi 2atanii 21.00 n t t K$LSEY CRi4dENT 61 N 8832 E 204.536m REQUIREMENTS OF SECTION 51(17) OF THE PLANNING ACT oi SEE KAN 0 SEE PLAN d SEC PUN I SEE PLAN SEE PLAN i 4Vei ktr SEE PLAN Fut, SE.. h MUNICIPAL WATER 1) SEE PLAN 51 BLOCK 119.500m 8853o OWNERS CERTIFICATE OONG THE REGISTERED Ow... KNEW( AU1140R. UPPER CANADA CONSULTANTS TO PREPARE ANS SUBMIT 1180 EIRAFT PUN OF SUBDAISION TO TIE CITY OF NIAGARA FALLS FOR APPROVAL 4,ZI afiTZPIIMTV. DATE SURVEYOR'S CERTIFICATE t HEREOF WORK THAT THE IIOUNEMAIES or 1110 15005 TO BE SUBDIVIDED ANC CORRECTLY SHOWN ANDREW CARBON WARD UANI INANo5oN CATE UPPER CANADA 5520WA0 CONSULTANTS poNEERs/Puroans LOCK 53 RESET BLOCK 4g MULTIPLE FAMILY AREA: 0.5800a. 1.433acros E BLOOK 50 3.0m ROM* W1094040 KEY PLAN NYS. DRAFT PLAN OF SUBDIVISION LEGAL DESCRIPTION PART OF LOT 150 FORMERLY PI THE VCCRAPNIC TOWNSHIP Or STAMFORD, N. IN NE COY OF NIAGARA 001.1.5 REGIONAL MUNICIPALITY OF NAGARA SEU1 DETACNEO RES. ;AMPLE ONLY 3.01n ROAD WEN. 0.3rn RESERNE /MORAYS TOTAL LAND USE SCHEDULE 1-15 49 31-52 81 DRAWING me DRAFTPLAN OF SUBDIVISION DEERFIELD ESTATES PHASE 8 26 17 70 UNITS LAND USE LOT/BLOCK No OF UNRS AREA0101zAKEA ON. MOLY RES. la- 5 3.389 46,15 0460 0.019 0.00A 1.216 WARM No 0540PH8—DF ti.40 11.23 0.37 0.05 23.. 100% DENSITY 15.102 UNITS/Ha ALA.! 01130.110“ MOHO AINNNNALS OATS MAN ouzo, en A.A/NA P APRIL., 200ea SEALE: 1:750 ACA 0 To: Dean lorfida From: Harry Oakes Date: May 15, 2008 Re: Clifton Hill B.I.A. Budget Memo Please find enclosed the Clifton Hill 2008 budget for submission to city council. The budget includes a $20,000 increase from previous years in order to address outstanding street maintenance items. Thank you for facilitating this matter and should you have any questions please contact me at (905) 357 -5911. Clifton Hill B.I.A. 2008 Budget TODS Highway Signage Bus Bench Signage 16 Light Pole Replacement Base Covers 47 Waste Receptacle Repair Painting Streetscape General Maintenance Accounting Audit City of Niagara Falls Corporate Services Department $10,000 10,000 6,000 12,000 10,000 2,000 $50,000 2007 Surplus Funds 0 2008 Tax Levy Request $50,000 April 9, 2008 His Worship Ted Salci Mayor City of Niagara Falls P.O. Box 1023 4310 Queen Street Niagarafalls, ON L2E 6X5 Dear Mayor Salci: Participate in Ontario's First Energy Conservation Week (May 25 -31) I'm writing to encourage you to support Ontario's first Energy Conservation Week, May 25 -31 and to actively promote it to your community. Energy conservation is the cornerstone of Ontario's future electricity supply plan. Energv Conservation Week is a bold step towards achieving our provincial savings targets and building a "culture of conservation." While the Ontario Power Authority and the Ministry of Energy are co- ordinating this initiative, we're not running it. To promote and /or organize activities across the province, Ontario's Mayors, like you, are uniquely positioned to reach their communities. We therefore encourage you to proclaim it officially through your council, so that we can get ALL Ontarians to Think about their use of an invisible but essential resource, to Believe they can make a difference through cons&r vation and to Act. Please do apply your own creativity to promoting energy conservation to your community and to make use of the following resources: A quick -paced and highly engaging DVD on energy conservation (enclosed). A proposed list of potential activities your organization can undertake (enclosed). A new website to share information with the general public and with participating organizations: www.energyconservationweek.ca. All we ask is that you keep us informed about what you do through the Energy Conservation Week website or by e-mail, so we can track the impact of our cumulative efforts. At a time when environmental concerns have risen to an anxious peak, conservation offers many positive benefits including the creation of local employment and reductions in local expenses. Let's tell all Ontarians how they can be part of the solution. I welcome learning that you and your community have chosen to Act when it comes to energy conservation. Sin,drely, P eter Ontario's Chief Energy Conservation Officer CECO @powerauthority.on.ca Ta Part. Take Action. Energy Conservation Week is a bold step towards achieving Ontario's savings targets and building a "culture of conservation." Here's a checklist of some key actions you and your organization can engage in: Make an action oriented announcement during Energy Conservation Week. Openly commit your organization to specific measures; explain their benefits. Make energy conservation "visible" as a public policy priority through the media, the Web, and in other settings. Find a qualified energy savings consultant: commit to an audit of your enterprise, or undertake one. Make the recommended changes the savings can be redeployed. Appoint your own organizational Energy Conservation Officer. Work with your local electricity supplier to identify wasteful use and conservation options. If your organization has undertaken significant energy conservation measures, it may be eligible for a certificate of recognition from Ontario's Chief Energy Conservation Officer. Visit the Conservation Bureau website for details. Organize a lunch and learn. Screen the conservation DVD provided by Ontario's Chief Energy Conservation Officer. Encourage discussion of options and solutions. Buy /install energy efficient products: Compact fluorescent light bulbs (CFLs) and T8 tubes, power bars with on /off switches or integrated timers, motion sensors, etc. Upgrade to ENERGY STAR® qualified appliances. Ensure that equipment operates at peak efficiency: filters are clean, air hoses aren't leaking, etc. Schedule or keep a maintenance appointment for your machinery. Turn off lights and equipment when not in use. If your organization incents its employees for practical suggestions, ensure that worthy energy conservation recommendations are properly rewarded. Seek out program support for undertaking conservation measures. Multiple sources offer funding that can add value and withstand a stringent cost benefit analysis. Many small changes add up. Commit to continuous improvement. The benefits of energy conservation are real. Think. Believe. Act. For More Useful Information And To Share Your Own: www.energyconservationweek.ca 05/15/08 THU 12:54 FAX 905 682 7481 OEB INT cov coo every P kilowatt .0 counts.. PROCLAMATION Niagara Peninsula Energy Inc. PEN WEST NIAGARA PALLS HYDRO WHEREAS we all need to do our part to reduce our energy consumption because its good for the environment and reduces the severe strain on the electricity generation and distribution systems that occurs during periods of peak demand, particularly during the hot summer months; and WHEREAS it's clear that energy conservation is pivotal to dealing Ontario's future energy needs and by working together we can create a culture of conservation. WHEREAS Niagara Peninsula Energy, which provides electricity distribution services in Niagara Falls would like the week of May 25 May 31 2008 proclaimed in the City of Niagara Falls; NOW THEREFORE I, Ted Salci, Mayor of the City of Niagara Falls on behalf of Niagara Falls City Council do hereby proclaim the week of May 25 May 31 2008 "Energy Conservation Week in the City of Niagara Falls. Mayor R. T. (Ted) Salci Members of Council May 26, 2008 13$ Riot 002 May 7, 2008 Mr. Dean Iorfida City Clerk City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mr. Iorfida: We would like to ask the City of Niagara Falls to help the Spina Bifida and Hydrocephalus Association of Ontario (SB&H) raise awareness of these life long, complex conditions by proclaiming June as Spina Bifida and Hydrocephalus Awareness Month. The Spina Bifida and Hydrocephalus Association of Ontario (SB&H), a registered charity, has been making a positive difference in the lives of individuals affected by spina bifida and /or hydrocephalus (sb/h) for over 35 years. Our programs and services respond to the unique needs and many challenges brought on by these serious, disabling conditions. We are requesting that the City of Niagara Falls declare June as Spina Bifida and Hydrocephalus Awareness Month. We enclose a sample declaration for your convenience. Again, thank you for making a difference through your proclamation and for considering this year's request. Sincerely, Joan Booth Executive Director 4 1" I L S CLERKS '08 r 0509 11126 tr Spina Bifida Hydrocephalus Association of Ontario 555 Richmond Street West, P.O. Box 103, Suite 1006, Toronto, Ontario, M5V 3B1 Phone (416) 214 -1056 (800) 387 -1575 Fax (416) 214 -1446 E -mail: provincial @sbhao.on.ca www.sbhao.on.ca Charitable Registration #10799 9310 RR0001 WHEREAS WHEREAS WHEREAS WHEREAS Signature Date SAMPLE PROCLAMATION the Spina Bifida and Hydrocephalus Association of Ontario serves people with spina bifida and hydrocephalus and their families; and Health Canada has proclaimed June as Spina Bifida and Hydrocephalus Awareness Month; and there are many people who are not aware of the Association or that it offers support, information and education programs and funds research to find ways to prevent and treat these conditions; and the Association encourages all Ontarians to learn more about these conditions and to appreciate the challenges faced by individuals affected by them, therefore BE IT RESOLVED That the City of Niagara Falls hereby proclaims the month of June to be SPINA BIFIDA AND HYDROCEPHALUS AWARENESS MONTH in the City of Niagara Falls and I urge all citizens to give full consideration and attention to the Spina Bifida and Hydrocephalus Association of Ontario for their work on behalf of those with spina bifida and hydrocephalus and their families. PROCLAMATION WHEREAS National Access Awareness Week (NAAW) began in 1987 as a result of Rick Hanson's Man In Motion Tour; and WHEREAS this designated week allows communities to promote the need for greater barrier free accessibility in buildings, on modes of transportation and in public places; and WHEREAS the week also promotes awareness of issues affecting the disabled, accomplishments by the disabled community and goals for the future; and WHEREAS the City's Disability Advisory Committee would like the week of June 1St- June 7th, 2008 proclaimed in the City of Niagara Falls; and NOW THEREFORE I, Ted Salci, Mayor of the City of Niagara Falls on behalf of Niagara Falls City Council do hereby proclaim the week of June 1S June 7 2008 as "National Access Awareness Week" in the City of Niagara Falls. Mayor R. T. (Ted) Salci Members of Council May 26, 2008 May 26, 2008 CD- 2008 -07 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: BACKGROUND: Niag ara ails CANADA Re: CD- 2008 -07 Filling Committee Vacancies RECOMMENDATION: That Council consider filling the vacancies on the Arts Culture Committee and Park in the City Committees; and That Naveen Shihani be appointed to fill the vacancy on the Municipal Heritage Committee; and That the out -going members be sent a letter from the Mayor's Office thanking them for their service. As inevitably happens through the Council term, some vacancies have occurred on the various advisory committees to Council. There have been resignations from the Arts Culture Committee, Park in the City Committee and Municipal Heritage Committee. Most of the Committees under the Parks, Recreation Culture umbrella have minimum and maximum limits (between 8 to 12 members) as per the recommendation from a thorough review of Committees, approved by Council, in 2004. This was done to avoid the necessity of readvertising, and inherent cost, during the Council term for single vacancies. Despite being within the minimum and maximum limits, the Arts Culture Committee and Park in the City committees have recommended that the vacancies be filled to bring their complement up to the twelve (12) member maximum, to ensure they have the manpower to undertake their respective work plans. With changes in Council's voting process (i.e., no more secret ballots), the Clerks Office has the list of unsuccessful candidates and the number of votes they received from the beginning of the Council term. RO. Box 1023, Niagara Falls, ON, Canada 1.2E 6X5 905 -356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Corporate Services Department Clerks May 26, 2008 2 CD 2008-07 When a vacancy occurred last year on the Committee of Adjustment, Council approved the selection of the candidate with the next most plurality in votes. The Arts Culture Committee and Park in the City committees are suggesting candidates that did not apply in January 2007 but have a background in the respective Committee's subject area. Council has the following options: Fill the vacancies by approving the candidates recommended by the advisory committees; or Fill the vacancy by going to the list of unsuccessful candidates from the beginning of term based on plurality of votes; or Have a vote, including the committee recommended candidates and the runners -up from last year's vote (staff will have ballots prepared for this possibility); or do not fill the vacancy if membership is within the 8 to 12 members threshold. Municipal Heritage Committee Rashad (Chad) Hindi and April Petrie have resigned from the Committee. Due to a tie vote last year, only one vacancy has to be filled to bring the Municipal Heritage Committee up to the six (6) members under their terms of reference. The candidate with the next most votes from last year is Navin Shahani. The Municipal Heritage Committee recommend that Mr. Shahani fill the vacancy. He served on the committee last Council term and is agreeable to return. Arts Culture Committee John Albanese, Mark Matthews, Michal Pasco and Dr. Shalini Shahani have resigned. The Committee would like a full complement and is recommending the following candidates that did not apply last year: Warren D' Ambroise and Douglas Vanasselstine. Therefore, the candidates for consideration are: Tied for 1s Runner Up: Tied for 1s Runner Up: Tied for 2 Runner Up: Tied for 2 Runner Up: Tied for 2 Runner Up: New Candidate: New Candidate: John Archibald* Tony Caruso Carmen Dalzeil Wendy M. Sturgeon* Winston Heron Warren D'Ambroise* Douglas Vanasselstine* *Recommended by Arts Culture Committee. Of the runners -up, the Committee is recommending Mr. Archibald or Ms. Sturgeon. It should be noted that Mr. Caruso serves on the Trails and Bikeway Committee and Board of Museums. There are four (4) vacancies to be filled. Park in the City Committee Janet Hassel resigned from the Committee. As only ten (10) members were selected for the committee in 2007, with the resignation, Park in the City is three (3) members short of a complement of twelve. One of the unsuccessful candidates from 2007, Barbara Dyck, unfortunately, has since passed away; therefore, there are three (3) unsuccessful candidates from 2007. Also, Don Johnson, who did not apply in 2007, has expressed an interest to be on the committee. May 12, 2008 3 CD_2008 -07 1s Runner Up: 2' Runner Up: 3r Runner Up: New Candidate: Elizabeth Manker Tony Caruso Jean (Teddy) Weadon Don Johnson There are three (3) vacancies to be filled. CONCLUSION: Appointments to committees are ultimately up to Council. In fairness, candidates that applied last year should be given due consideration; however, the recommendations of the respective committees should also be given some consideration if the candidate has a background in the area of interest. Although the Arts Culture and Park in the City Committees are within their minimum and maximum levels, the committees would like more to have a maximum complement to fulfill their work plans. Staff will prepare ballots, if necessary. An appointment by -law will be brought forward at a future meeting.. Recommended by: Approved by: Respectfully submitted: Dean lorfida ity lerk K. E. Burden, Executive Director of Corporate Services f Admini ratio John %acDonald, Chief e Officer May 26, 2008 F- 2008 -21 Niagara Falls CANADA His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: F- 2008 -21 2008 Property Tax Rates RECOMMENDATION: That Council approve the 2008 Property Tax Rates. BACKGROUND: The Regional Municipality of Niagara has approved the 2008 tax ratios and tax rates. In addition, the Province of Ontario has established educational tax rates for 2008. The City is now in the position to establish its tax rates and to proceed with the Final 2008 Billing for the non capped property classes. This report provides for Council, the City's 2008 property tax rates. The attached chart will show the total annual tax impact (City Region Education) from 2007 to 2008 on example properties taken from the BMA study. City of Niagara Falls Tax Rates The 2008 tax levy is $45,137,828 ($43,064,292 for 2007). The General taxation portion of this total levy is $39,183,314 ($37,385,047 for 2007); the Urban Service Area taxation portion is $5,954,514 ($5,679,245 for 2007). Corresponding tax rates based on these levies are provided in the following chart. Tax Rates City of Niagara Falls Niagara Falls, ON, Canada L2E 6X5 905 -356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Corporate Services Department Finance I 2007 2008 Tax Rates City of Niagara Falls General Urban Service Area Combined General Urban Service Area Combined Residential 0.440087% 0.070402% 0.510489% 0.451001% 0.072087% 0.523088% Multi- Residential 0.906580% 0.145028% 1.051608% 0.929062% 0.148500% 1.077562% New Multi- Residential 0.440087% 0.070402% 0.510489% 0.451001 0.072087% 0.523088% May 26, 2008 F- 2008 -21 Niagara Falls CANADA His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: F- 2008 -21 2008 Property Tax Rates RECOMMENDATION: That Council approve the 2008 Property Tax Rates. BACKGROUND: The Regional Municipality of Niagara has approved the 2008 tax ratios and tax rates. In addition, the Province of Ontario has established educational tax rates for 2008. The City is now in the position to establish its tax rates and to proceed with the Final 2008 Billing for the non capped property classes. This report provides for Council, the City's 2008 property tax rates. The attached chart will show the total annual tax impact (City Region Education) from 2007 to 2008 on example properties taken from the BMA study. City of Niagara Falls Tax Rates The 2008 tax levy is $45,137,828 ($43,064,292 for 2007). The General taxation portion of this total levy is $39,183,314 ($37,385,047 for 2007); the Urban Service Area taxation portion is $5,954,514 ($5,679,245 for 2007). Corresponding tax rates based on these levies are provided in the following chart. Tax Rates City of Niagara Falls Niagara Falls, ON, Canada L2E 6X5 905 -356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Corporate Services Department Finance Commercial Occupied 0.773937% 0.123809% 0.897746% 0.793131% 0.126773% 0.919904% Commercial Vacant Unit 0.541756% 0.086666% 0.628422% 0.555191% 0.088741% 0.643932% Commercial Vacant Land 0.541756% 0.086666% 0.628422% 0.555191% 0.088741% 0.643932% Industrial Occupied 1.157429% 0.185158% 1.342587% 1.186133% 0.189590% 1.375723% Industrial Vacant Unit 0.752329% 0.120353% 0.872682% 0.770987% 0.123233% 0.894220% Industrial Vacant Land 0.752329% 0.120353% 0.872682% 0.770987% 0.123233% 0.894220% Large Industrial Occupied 1.157429% 0.185158% 1.342587% 1.186133% 0.189590% 1.375723% Large Industrial Vacant 0.752329% 0.120353% 0.872682% 0.770987% 0.123233% 0.894220% Pipelines 0.718838% 0.114995% 0.833833% 0.736665% 0.117748% 0.854413% Farmlands 0.110022% 0.017601% 0.127623% 0.112750% 0.018022% 0.130772% Managed Forests 0.110022% 0.017601% 0.127623% 0.112750% 0.018022% 0.130772% Farmlands Awaiting 0.330065% 0.052802% 0.382867% 0.338251 0.054066% 0.392317% Development I Farmlands Awaiting 0.440087% 0.070402% 0.510489% 0.451001% 0.072087% 0.523088% Development II Property Class 2007 Waste Management Tax Rate 2008 Waste Management Tax Rate Residential 0.072611% 0.072108% Multi- Residential 0.149579% 0.148542% New Multi- Residential 0.072611% 0.072108% Commercial 0.127694% 0.126808% Excess land 0.089386% 0.088766% Vacant land 0.089386% 0.088766% Industrial 0.190967% 0.189643% Excess land 0.124129% 0.123268% Vacant land 0.124129% 0.123268% Large Industrial 0.190967% 0.189643% Excess land 0.124129% 0.123268% Pipelines 0.118603% 0.117781% Farmlands 0.018153% 0.018027% Managed Forests 0.018153% 0.018027% Farmland Awaiting Development I 0.054458% 0.054081% Farmland Awaiting Development II 0.072611 0.072108% May 26, 2008 2 F- 2008 -21 Waste Management The Region of Niagara provides waste management services for the residents of Niagara Falls. The Region has determined the costs of this service for 2008 to be $6,264,763. To fund this expense, the City collects the taxes from the residents using a separate tax rate. The chart below provides a comparison of tax rates used in 2007 to the recommended rates for 2008. May 26, 2008 3 F- 2008 -21 The Appropriations and Levying By -law is prepared for Council's adoption, should Council approve the recommendation. This By -law authorizes the preparation and sending of Final Tax Notices. Appendix A of the By -law shows the summary of tax rates for each classification and for all levies. Bill 28 Update Bill 28, a Private Member's Bill, an Act to amend the Assessment Act with respect to homesteads, received 1' Reading on December 13, 2007. There has been no further update in regards to this bill. Recommended by: Approved by: Respectfully submitted: AF:Iw Todd Harrison, 'rector of Financial Services urden Executive Director of Corporate Services R MacDonald, Chief ministrative Officer Description Tax Class Assessed Value 2007 Property Taxes 2008 Property Taxes Change Single Family Detached house approx. 1,200 sq. ft. RT $126,000 $1,938.22 $1,953.65 0.796% Senior Executive Property house approx. 3,000 sq. ft. RT $441,000 $6,783.74 $6,837.78 0.796% Multi- Residential Walk -up Apartment 2 to 4 storeys MT $834,000 $24,094.17 $24,304.61 0.873% Multi- Residential Mid /High -Rise Apartment 4 or more storeys MT $4,967,000 $143,496.04 $144,749.41 0.873% Commercial Neighbourhood Shopping Centre less than 100,000 sq. ft. CT $1,592,000 $61,034.29 $61,377.28 0.562% Commercial Office Building DT $8,939,000 $342,704.45 $344,630.36 0.562% Commercial Hotel approx. 400 rooms CT $47,935,000 $1,837,737.78 $1,848,065.38 0.562% Commercial Motel CT $552,000 $21,162.64 $21,281.57 0.562% Industrial Vacant Property less than 5 acres IX $20,500 $791.21 $792.88 0.210% Industrial Large Industrial greater than 125,000 sq. ft. LT $1,417,000 84,138.87 $84,315.84 0.210% Industrial Standard Industrial less than 125,000 sq. ft. IT $637,000 $37,823.89 $37,903.45 0.210% Farmland FT $30,000 $115.37 $116.29 0.796% TAX IMPACT 2007 2008 F- 2008 -21 May 26, 2008 F- 2008 -22 NiagaraFalls CANADA His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: F- 2008 -22 Final Tax Notice Due Dates for Residential, Pipeline Farmland and Managed Forest Assessment Classes RECOMMENDATION: That June 30 and September 30 be approved as the 2008 Final Due Dates for the Residential, Pipeline, Farmland and Managed Forest Assessment Classes. BACKGROUND: Due to the additional calculations required to prepare the 2008 Final Tax Notices for the Commercial, Industrial and Multi residential property classes, all assessment classes cannot be billed at the same time. Staff is therefore recommending that the Final Tax Notice Due Dates for the Residential, Pipeline, Farmland and Managed Forest Assessment Classes be set as June 30 and September 30. Once the additional calculations for the remaining classes have been determined then final tax notice due dates for the Commercial, Industrial, and Multi residential property classes will be presented for Council's consideration. Recommended by: Approved by: Respectfully submitted: AF:Iw ToddHar son, Di ector of Financial Services /1< Gf,Cici Burde Executive Director of Corporate Services MacDonald, Chief Administrative Officer ,u n Str eet, P.O. Falls, ON, Canada L2E 6X5 905 -356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Corporate Services Department Finance May 26, 2008 F- 2008 -23 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: Niag ara a11s CANADA Re: F- 2008 -23 Financing of Owner's Share of Local Improvements That an interest rate of 4.45% be used in the determination of the costs to be paid to the City as a local improvement charge. BACKGROUND: The City of Niagara Falls has completed the Garner Road Sanitary Extension (Contract 2007 134 -3) and now must include the local improvement charge on the affected property owners. The project was approved by Council in report MW- 2006 -112. The work included the extension of the sanitary sewer on Garner Road from McGarry Road to McLeod Drive. As a local improvement, Municipal Works followed the notification procedures required for such projects, which culminated in a Court of Revision on Tuesday, November 6, 2007. The purpose of the hearing was to provide property owners a last opportunity to have concerns heard before the Court of Revision. There were no changes made to the assessment roll as a result of this hearing. Property owners were provided notification of the Court of Revision ruling and were informed of the balance of the costs owed by each property owner. The total cost of the project was $247,761.69 of which $186,855.91 was to be recouped from property owners. As of April 30, 2008, an amount of $96,535.54 remains outstanding and will be applied to the tax rolls over the next ten years as a local improvement charge at an interest rate of 4.45 The required by -law has been drafted and is scheduled to be adopted this evening. 023, Niagara Falls, ON, Canada L2E 6X5 905 -356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Corporate Services Department Finance May 26, 2008 Recommended by: Approved by: Respectfully submitted: AF:Iw &rector.f i 7 Todd Harrison, Financial Services 2 itandeit, Burden, Executive Dir-ctor of Corporate Services MacDonald, Chie Administrative Officer F- 2008 -23 May 26, 2008 MW- 2008 -27 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Niag ara ails CANADA Re: MW- 2008 -27 Request for Proposal Development Charges Update Study RECOMMENDATION: It is recommended that City staff be authorized to request a proposal from C.N. Watson and Associates Ltd. to review the current Development Charges By -law and update the background study. BACKGROUND: The City's Development Charges By -law #2004 -138 will expire on August 2, 2009 and in preparation for the new by -law it is necessary to update the background study required to support the new Development Charge rates. The update involves a fairly extensive examination of current and future development trends so that new infrastructure can be appropriately planned and a calculation of the growth- related capital costs undertaken. Although the deadline is one year away, it will be necessary to use all of this time to complete this work and prepare for the required public process. Municipal Works staff has estimated a cost of $80,000 to complete this update however it is our expectation that the work can be completed more cost effectively by using a firm who is familiar with the Niagara Falls situation. This firm is also completing the same project for the Region of Niagara and there are certain synergies to be gained by coordinating administrative polices and procedures. C.N. Watson Ltd. has completed the 2004 background study and performs this work for most of the municipalities in the Province of Ontario. The City's Consultant Selection Policy requires staff to invite firms to submit proposals for anticipated expenditures of $60.000.00 or more. By inviting only one firm staff can reduce the amount of time required to prepare terms of reference analysis proposals and use this time savings to commence the work plan. The proposal, of course, w'r`ought to City Council for its consideration and approval, prior to the execution onsultant agreement and commencement of the project. 43 :£1 Queen Street 'P0. Box 1023, Niagara Fal(s, ON, Canada L2E 6X5 905 -356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Community Services Department Municipal Works May 26, 2008 Recommended by: Approved by: Respectfully submitted: 2 MW- 2008 -27 Municipal Works staff is requesting Council's approval to forego the consultant selection policy in this case in the interest of time. eoff Holman, Dire •r of Municipal Works Ed Dujlovic, Executive Director of Community Services MacDonald, Chief Administrative Officer R.Volpini S:\REPORTS \2008 Reports\MW- 2008 -27 Request for Proposal DC update Study.wpd May 26, 2008 MW- 2008 -26 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW- 2008 -26 Amendment to By -law 2007 -161 Collection of Rates For the Use of Water and Water Related Services RECOMMENDATION: That Council adopt the amendment to By -law 2007 -161, listed under the by -law section on the Council agenda, that would allow the City to establish the water account and bill the homeowner upon issuance of the building permit. BACKGROUND: NiagaraJ4js DA Staff has reviewed the current policies and procedures involved in billing during the home construction process. The current practice, as set out in section 14 of the by -law, requires the homeowner to take delivery of a meter from the City with the account being established and billed to the owner no later than one month following delivery of the meter. This process requires further coordination between staff issuing the permit and staff issuing the water meter to establish the initial billing for each residential unit. The current process creates the opportunity for homeowners to access the municipal water supply prior to having a water meter installed. Although the exact volume cannot be quantified, this arrangement can result in a considerable amount of unmetered water consumption (i.e., new sod, landscaped areas, new pools, etc.) which is estimated to be 1 -2% of unaccounted water. The proposed amendment, as shown in the attachment, would require the account for the meter to be established and billed to the owner upon issuance of the building permit. The cost would be subject to the current flat rate for a period of six months or until notification has been made to the City by the owner for inspection. If no notification has been made in this time period, the account will then be placed on Reluctant Rate (3x the flat rate) until such time as the owner requests an inspection which is the current practice. The amendment would elimin* the coordinated effort between City staff, necessary to establish the account an "fig, placing the responsibility on the homeowner to get the meter installed and i d as soon as possible. As well it would greatly increase the ueenStreet, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905 -356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Community Services Department Municipal Works May 26, 2008 2 cost recovery of water usage during new home construction. The amendment would also apply to commercial construction with the flat rate charged based on the current by -law. This rate will be applicable until such time the meter is inspected and passed by the City inspector. With the adoption of this report, the recommended amendment will be made to the by -law which has been included in tonight's agenda. Recommended by: b ol e' Geoff Holman, Director of Municipal Works Approved by: Respectfully submitted: Ed Du'lovic, E e cutive Director of Community Services MacDonald, Chief Administrative Officer R.Volpini S:IREPORTS12008 Reports\MW- 2008 -26 Amendment to By -law 2007 -161 Collection of Rates for Water.wpd MW- 2008 -26 May 26, 2008 MW- 2008 -28 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Niag ara ails CANADA Re: MW- 2008 -28 Contract 2008 189 -07 Britannia Crescent, High Street, Depew Avenue and Cadham Street Watermain Replacement 1. That the unit prices submitted by the lowest tenderer Cotton Incorporated be accepted for the above noted contract and; 2. That approval be granted for the contract amount from the 2008 Capital Budget and; 3. That the Mayor and City Clerk be authorized to execute the necessary agreement. The existing watermains on the above noted streets were added in 2006 and 2007 to the list for the City's ongoing Watermain Replacement program. The limits on the component streets for this project are shown on the attached map. All of the existing watermains in questions are older cast -iron pipes that have been identified for replacement for the following reasons: Britannia Crescent field testing indicated a lower than average flow conveyance factor in the pipe and insufficient fire flows at some of the hydrants. High Street and Depew Avenue the existing watermains are approximately 80 years old and only 100 mm (4 inches) in diameter, while the desired minimum size for looped systems is 150 mm (6 inches). As well, field testing indicated insufficient fire flows at some of the hydrants. Cadham Street field investigation revealed the presence of some lead services and lead at some of the watermain pipe joints, necessitating replacement. The Tender Opening Committee, in the presence of the City's Clerk, Mr. Dean lorfida, opened tenders on Tuesday, May 6, 2008 at 1:30 p.m. for the above noted contract. Tender documents were picked up by twelve (12) Contractors and six (6) bids were received. 0 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905 -356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Community Services Department Municipal Works May 26, 2008 2 MW- 2008 -28 Listed below is a summary of the totaled tendered prices, excluding GST, received from the Contractors. The tenders were checked and the corrected bids are shown marked with an asterisk 1. Cotton Inc. Niagara Falls 485,934.00 2. Peters Excavating Niagara Falls 496,876.06 3. Vic Vatrt Contracting Welland 497,393.40 497,943.40* 4. Condotta Construction Thorold 553,381.31 555,581.31* 5. Fine Grade Construction Niagara Falls 558,013.50 6. Alfidome Construction Niagara Falls 579,094.00 The lowest tender was received from Cotton Incorporated in the amount of 485,934.00. This contractor has performed similar type projects for the City. We are of the opinion, that this contractor is capable of successfully undertaking this project. The engineer's estimate for this contract was 575,000.00. Analysis of the number and the content of the bids received indicates fairly strong competition at this time for capital projects of this type and size. Timing of tenders for construction, when the planned schedule permits, can play an important role in how competitive the market will be, based on prospective bidders' work loads. Project Costs: Awarded Contract (excluding GST) Funding: Watermain Replacement Program (Account No. 12 -3- 430003 030000) This project is scheduled to commence construction in June of 2008 and all work is to carry through up to the scheduled 60 working days. Recommended by: Approved by: Respectfully submitted: Geoff Holman, Director of Municipal Works Ed Dujlovic, Executive Director o ommunity Services o n MacDonald, Chief A• ministrative Officer K. Schachowskoj S:IREPORTS12008 Reports\MW- 2008 -28 Contract 2008- 189 -07 .wpd 485,934.00 485,934.00 GARDEN ST. CRES. RD. I MARGARET BONNIE ST. CENTENNIAL ST. NIagaraJ$ SPENCE CHANKLEE CULP ST. T z ec 8 PRINCESS U TOKES MARGARET SCHOOL HOMESTEAD CRES. CONCORD CRES. COOK ST. LEAW S OD ARGYLL CT HAWKINS ST. LEEMING MURRAY ST. CORWIN CRES. DUNN STREET MAR RET ST. HAWKIN GOODSIR CRES. BARKER ST. I MARANDA ST. MUNICIPAL WORKS CULP ST. TAYLOR ST. I SKINNER 1 BIAMONTE CRES. BARKER ST. o TOBY CADHA VILLAGE CRES. 1SHAW DELAWA PEER ST FRONTENAC REVISION DATE STAM -OKU 5 MCLEOD N.T.S. BRITANNIA CRES., DEPEW AVE., HIGH, ST., CADHAM ST. 05/13/2008 CONTRACT NO WATERMAIN REPLACEMENT 2008 189 -07 0 May 13, 2008 9:27am dv335 May 26, 2008 MW- 2008 -29 Niag ara ails av CANADA His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW- 2008 -29 Contract 2008 194 -07 Welland Street and Roosevelt Street Watermain Replacement RECOMMENDATION: 1) That the unit prices submitted by the lowest tenderer Vic Vatrt Contracting Ltd. be accepted for the above noted contract; 2) That approval be granted for the contract amount from the 2008 Capital Budget and; 3) That the Mayor and City Clerk be authorized to execute the necessary agreement. BACKGROUND: The existing watermains on the above noted streets were added in 2006 and 2007 to the list for the City's ongoing Watermain Replacement program. The limits on the component streets for this project are shown on the attached map. All of the existing watermains in questions are older Cast Iron pipes that have been identified for replacement for the following reasons: Welland Street field testing indicated a lower than average flow conveyance factor in the pipe. The existing watermain is nearly 60 years old and approaching its expected lifespan. Welland Street is scheduled to be overlaid in 2009 and the remaining sections of watermain on the street were replaced in 1986 with PVC pipe. Roosevelt Street -field testing indicated a lower than average flow conveyance factor in the pipe. As well, the section of existing watermain has a history of frequent watermain breaks. The Tender Opening Committee, in the presence of the City's Clerk, Mr. Dean Iorfida, opened tenders on Tuesday, May 13th, 2008 at 1:30 p.m. for the above noted contract. Tender documents were picked up by eleven (11) Contractors and nine (9) bids were received. een Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905 356 -7521 www.niagarafalls.ca Working Together to Serve Our Community ommunity Services Department Municipal Works May 26, 2008 2 MW-2008-29 Listed below is a summary of the totaled tendered prices, excluding GST, received from the Contractors. The tenders were checked and the corrected bids are shown marked with an asterisk 1. Vic Vatrt Contracting Welland 296,978.50 2. Fine Grade Construction Niagara Falls 297,813.00 3. Cotton Inc. Niagara Falls 300,524.00 4. Condotta Construction Thorold 303,061.06 5. Peter's Excavating Fort Erie 311,142.00 6. Kenwood Trenching Niagara Falls 343,513.00 7. Alfidome Construction Niagara Falls 347,219.00 8. DeMar Construction Niagara Falls 352,808.50 9. DeRose Brothers Niagara Falls 368,817.58 The lowest tender was received from Vic Vatrt Contracting Ltd. in the amount of 296,978.50. This contractor has performed similar type projects for the City. We are of the opinion, that this contractor is capable of successfully undertaking this project. The engineer's estimate for this contract was 340,000.00. Analysis of the number and the content of the bids received indicates fairly strong competition at this time for capital projects of this type and size. Timing of tenders for construction, when the planned schedule permits, can play an important role in how competitive the market will be, based on prospective bidders' work loads. Project Costs: Awarded Contract (excluding GST) Funding: Watermain Replacement Program (Account No. 12 -3- 430003 030000) Recommended by: Approved by: Respectfully submitted: K. Schachowskoj S:IREPORTS12008 Reports\MW- 2008 -29 Contract 2008 194 -07 .wpd 296,978.50 296,978.50 This project is scheduled to commence construction in June of 2008 and all work is to carry through up to the scheduled 40 working, ys. 8 a,f Geoff Holman, D' ctor of Municipal Works Ed D 'lovic, Executive Director of Community Services MacDonald, Chief Administrative Officer May 26, 2008 MW- 2008 -30 His Worshi p Mayor Ted Sal cNiagarapalls CANADA and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW- 2008 -30 Tender #T -11 -2008 New Equipment Purchase RECOMMENDATION: 1. That the tender for the purchase of Two (2) Latest Model Trucks, Cab Chassis with 6.0 cu.yd. minimum Dump Body /Spreader, All Season Combination Equipped with Power Operated Snowplow Wing be awarded to Archer Truck Services Ltd. of St. Catharines in the amount of $377,209.45. 2. That approval be granted for the tender amount from the 2008 Capital Budget. 3. That staff be authorized to sign the necessary Purchase Order and related documents associated with this purchase. BACKGROUND: Tenders for New Equipment were opened by the Tender Opening Committee on Tuesday, May 6, 2008. A summary of bids is attached for Council's information. After a complete review of the specifications submitted from all bidders, it was found that the lowest bidder, Metro Freightliner, did not meet the specifications as outlined in the tender, therefore it is recommended that the tender from Archer Truck Services Ltd., be accepted. Their vehicles meet specifications as outlined in tender documents. Sufficient funds are available in the Draft 2008 Capital Budget to cover the purchase of this new equipment. (Account No.12 -3- 370001- 030000 Vehicle Replacement). The vehicles being replaced were purchased in 1991 1992 well beyond a normal replacement cycle. This matter is being brought to your attention so that we can receive delivery by the end of November 2008. 4 Recommended by: Approved by: Respectfully submitte Igkf Geoff Holman, L'b c or of Municipal Works Dujlovic, Ecu ive Director of Community Services 0 Queen Street, P.Q. Box. 1023, Niagara Falls, ON, Canada L2E 6X5 905 -356 -7521 www.niagarafalls.ca MacDonald, Chief Adminis tive Officer Working Together to Serve Our Community Community Services Department Municipal Works May 26, 2008 -2- TENDER #T -11 -2008 NEW EQUIPMENT PURCHASE TENDER SUMMARY Total Price including All Taxes Two (2) Latest Model Truck, Cab Chassis with 6.0 Cu.Yd. Minimum Dump Body /Spreader, All Season Combination Equipped with Power Operated Snowplow Wing $381 ,996.50 Eastgate Truck Centre Hamilton, ON Dealer Name Kenworth Hamilton Stoney Creek, ON Sheehan's Truck Centre Burlington, ON St. Catharines Truck Tractor St. Catharines, ON Truckland Mack Inc. Stoney Creek, ON Viking -Cives Ltd. Mount Forest, ON Metro Freightliner Hamilton, ON $377,499.10 $375,108.02 Working Together to Serve Our Community MW- 2008 -30 May 26, 2008 MW- 2008 -32 Members: Prepared by: Recommended by: Respectfully submitted: Niagara CANADA His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Re: MW- 2008 -32 Montrose Business Park Municipal Services Extension Phase I Detailed Design, Consultant Fee Amendment RECOMMENDATION: That Council authorize staff to amend the current Consultant Services Agreement with Denco Engineering Ltd. to reflect the additional design requirements beyond the original scope of works at an upset limit of $15,000. BACKGROUND: Council has authorized staff to enter into a Consulting Services Agreement with Denco Engineering Ltd., MW- 2006 -91, to prepare the detailed engineering design of a sanitary sewer, water main and roadway extension in the Montrose Business Park (Phase I) at an upset limit of $23,000 (excluding GST). During the course of the design, the scope of the works was expanded to include storm sewer design and a full urban roadway design including curb and gutter that were not anticipated at the onset of this process. The resulting design allows for greater efficiencies in the future maintenance of the constructed services. Staff has reviewed the Consultant's request for fee adjustment, attached, and concluded that an increase of $15,000 is reflective of the additional effort required to complete the design phase of this project within the anticipated time requirements. Financing: The funding source for this project is identified in the draft 2008 Capital Budget and will be charged to account number 12 -3- 420004 030000. Geoff Holman, Di ctor of Municipal Works 43 10 Queen Street, P.O. Box 1023, a Falls, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca Ed 'lovic, Executive Director of Community Services MacDonald, Chief Administrative Officer R.Volpini MW- 2008 -32 Montrose Busi ie ailed Design.wpd Working Together to Serve Our Community Community Services Department Municipal Works j ENGINEERING LTD. May 6, 2008 City of Niagara Falls P.O. Box 1023 4310 Queen Street Niagara Falls, ON L2E 6X5 Attention: Mr. Rick Volpini Dear Sir: Re: MONTROSE BUSINESS PARK BLACKBURN PARKWAY EXTENSION DENCO ENGINEERING LTD. FILE 06022 Further to your recent request this letter is to outline our fees to date and proposed additional fees required to complete the project. To start let me say our original fees were for the design of a sanitary sewer and watermain extension along with a semi -urban roadway extension of approximately 250m. This portion of the engineering work was to be done for $16,000.00 in addition topo and street lighting designs were to be provided for an additional $3,500.00 each. During the design stage the assignment changed to include storm sewer and full urban roadway design (including curb gutter). This change in work included providing the storm sewer and urban roadway design on both the 250m extension and the previously constructed 250m long portion of Blackburn Parkway. The previously Blackburn Parkway did not include storm sewers or curb and gutters. The construction value of the original works to be designed was approximately $400,000.00. The preliminary estimated cost of the works is now approximately $750,000.00.. Our original fee was approximately 4% of the estimated construction value, if this percentage is applied for the new construction value our revised total fee would be approximately $30,000,00. It should also be noted that a design was initially provided based on the outlet elevations given to us from Phillips Engineering. After expressing our concern that this design would require substantial filling for the new roadway and adjacent lot, Phillips Engineering was requested to review their work and attempt to lower the outlet elevations for the storm sewers. After doing their review the outlet elevations were able to be lowered and we were instructed to revise our drawings accordingly. It should also be noted that MOE Certificate of Approvals were Municipal Works Scanned 261 Martindale Road, Unit 1 St. Catharines, ON L2W 1A2 Phone: 905- 641 -2364 Fax: 905 -641 -5449 Denco t@bellnet.ca prepared and submitted and considerable time was spent with both the MOE and the Region of Niagara confirming who had the authority to carry out the review. To date we have invoiced fess of $26,896.34 which includes our fees and 75% of the topo. Our fees invoiced to date are approximately $24,261.35. At this time we estimate additional fees of approximately $5,000.00. This would result in our total fee being just under $30,000.00 and therefore we would suggest budgeting for sufficient additional fees of approximately $14,000.00 for Denco Engineering, $865.00 for topo, and $4,000.00 for street lighting. The street lighting figure has been increased since it has been almost 2 years since that fee was quoted. None of the above fees include disbursements. Our records indicate that to date disbursements in the amount of $900.11 have been charged. We would suggest adding and additional $500.00 for budget purposes. I believe this is the information you require at this time. If you have any questions or require any additional information please contact the undersigned. Yours truly, James R. Denham, P.Eng. JRD:lc May 26, 2008 PD- 2008 -47 NiagaraFalls LP CANADA His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD- 2008 -47 Designation of All Saints Anglican Church Withdrawal of Objection RECOMMENDATION: That Council receive this report for information only. BACKGROUND: On April 16, 2007, Council directed the designation of the exterior and interior of All Saints Anglican Church at 5680 Robinson Street. This process began with the publication of a Notice of Intention to Designate served on the property owner on April 23, 2007 and published in the Niagara Falls Review on April 25, 2007. On May 7, 2007 a letter of objection to the designation was received from the owner, the Diocese of Niagara. This objection was referred to the Conservation Review Board at the Ministry of Culture, in accordance with the Act. Over the last year, a series of meetings and discussions occurred between staff, the Diocese, former parishioners and the Conservation Review Board (including a pre- hearing teleconference). During this time several concessions were made by the Diocese. The Diocese of Niagara withdrew its appeal to the designation on April 18, 2008. A letter was received from the Conservation Review Board on April 22, 2008 (attached) acknowledging the withdrawal and advising that their file is now closed. As part of the process to prepare the City's defence of Council's intention to designate this property, a consultant was hired to produce a complete heritage assessment of the property. Staff is awaiting a final report from this consultant and will use this report to assist in drafting the designating by -law for this property. Recommended by: Approved by: Respectfully submitted: P. Boyle:yb Attach. S: \PDR120081PD- 2008 -47 Church.wpd Aav kiL Alex rlovitgf1, Director of Planning Development jlovic, xecutive Director of Co munity Services acDonald, Chief Administrfative Officer n Street, P.O. Box 1023, Niagara Fails, ON, Canada L2E 6X5 905- 356 -7521 wwwniagarafalls.ca Working Together to Serve Our Community Community Services Department Planning Development Conservation Review Board 655 Bay Street suite 1500 Toronto ON M5G 1 E5 Telephone: (416) 326 -3594 Fax: (416) 326 -6209 Web Site: www.crb.gov.on.ca April 22, 2008 Mr. Thomas A. Richardson Sullivan, Mahoney Barristers and Solicitors 40 Queen Street St. Catharines, ON L2R 6Z2 RE: Notice of Withdrawal of Objection Commission des biens culturels 655 rue Bay bureau 1500 Toronto ON M5G 1 E5 Telephone: (416) 326 -3594 Telecopieur: (416) 326 -6209 Site Web: www.crb.gov.on.ca The Conservation Review Board acknowledges receipt of your letter dated April 18, 2008 stating the withdrawal of your objection to the Notice of Intention to Designate under s.29 of the Ontario Heritage Act, the property known as All Saints Church, 5680 Robinson St. in the city of Niagara Falls. As you represented the only official objection to trigger a Review Board process and are also the legal owners of this property, by withdrawing your objection in this matter you have removed the requirement under the Act for the Review Board to act further on this matter. Therefore, this file is now closed and all parties to this matter are now removed from any further participation or obligation related to this specific file number 2007 -04. The cooperation of the participants throughout this process has been appreciated. Yours truly, Daniel Garie Acting CRB Administrative Clerk 655 Bay Street, Suite 1500 Toronto, ON M5G 1 E5 (416) 326 -3594 cc: 'Kenneth Beaman, City Solicitor, City of Niagara Falls 'Dean lorfida, Corporate Services Dept., Clerks Division, Niagara Falls Diocese of Niagara CRB S. 29 Form 5 Updated April 22, 2008 F R EGER/ED MAY 5 2008 PLANNING DEVELOPMENT May 26, 2008 PD- 2008 -49 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Niag ara alts CANADA Re: PD- 2008 -49 CB&FIG-03/08, Facade Improvement Grant Application C. A. Tartaglia and S. M. DiPietro 4622 -4624 Ontario Avenue 1. That Council approve the application for a Facade Improvement Grant in the amount of $6,000, subject to meeting the program requirements including entering into an agreement with the City. 2. That the Mayor and Clerk be authorized to execute the grant agreement. The City has received a Facade Improvement Grant Application for 4622 -4624 Ontario Avenue. The building is currently occupied by a law office. This application is the second facade improvement application for a property in the Downtown area. The owners wish to carry out improvements to the exterior facade which will include new windows in the upper storey, architecturally designed windows and building trim, signage and exterior finish to the building. The proposed facade improvements will enhance the appearance and add to the historical character of the building. The facade improvements will be approximately $12,000. Based upon the work proposed and the estimate provided, the applicants will be eligible for a matching grant of $6,000. A plan showing the location of the property is highlighted in Appendix I. The proposed building front is shown in Appendix 2. As part of the grant approval process, the applicants will be required to enter into an agreement with the City. The agreement specifies the details for the grant which will be provided following the work being completed and inspected by City staff. 0 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905 356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Community Services Department Planning Development May 26, 2008 2 PD- 2008 -49 CONCLUSION: The improvements proposed by the applicants will improve the historic appearance of the building. The proposed work will also have a positive impact on the revitalization efforts in the Downtown. Based upon the above, staff recommends approval of the facade grant application. Recommended by: Approved by: Respectfully submitted: B.Bolibruck Attach. Alex Herlovitch, Director of Planning Development Ed Dujlovic, xecutive Director of Community Services II John i i onald, Chief Administrative Officer S:1PDR12008 \PD- 2008 -49, Facade Improvement Grant Tartaglia and DiPietro.wpd 11 MAI 1. 1 1 1 1 1 1 1 I [II ii I MAPLE ST 1 1 H I 1 1 1 1 1 HURON ST S rn ARK ST mor- Ail c' rn z rn 4622 -4624 Ontario Avenue Road Allowance Property Parcels Downtown Community Improvement Project Area ELLIS ST Location Map 4622 -4624 Ontario Avenue HURON ST 4 m BRIDGE ST QUEEN ST ELLIS ST 4=- SIM L:sr' NIB 010 MN MN MN NW MN INN NM 111111 INN MN NMI IINI MX NON NMI MN MI INN MN 111111 1 PARK ST 1 1 1 1 MORRISON ST si. .1 011y/ !TA ilawrireg MN 1 r N.. INN -.NNM NM IN Appendix 1 1 1 F s 1: NTS May 2008 K: \GIS Requests\ 2007\ Custom\ Internal \Planning \CIP \Downtown_CIP.map ACA 1111.11111141M, i u� _lii■■■■■r■ r�■w■I�y 11I 1 liltl I I cTy�a IMai& I i'ibilitiilrili1S!1 1111111111111M 1 r:Au Atwc:ri.# '4th WE* !T`> tU)I ..101to t i A C if 1t 0 ,e),0 (5,), s:, DeCcxt:A.1 u LOU t. I ftt -0 A LAI tr.; }7 iNC•t Pie. ftt?t- bC -K UP A+ c.t.N /1 snz.(95 :,d,.c..Xt E4til t• CLAP GfN.4wP CIL "LA-AP-0Q141›. R, 4S PCX-1. i/e. eA44el VJtt�1,l: iuJ j t-4 c. f At tl �r 1 i4 S2 ?1<~tl 41 U Q 1 t AL-AA t o t,4 c -L,Ap Izr�1'E 1'iz:t L ;RA UV.tNtoco 1 /4 tk;. r 12. `u R N, 4., 0 't tic t 12.x! vvt Irk ti°ttS Appendix 2 May 26, 2008 TS- 2008 -33 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: TS- 2008 -33 Deerfield Estates Phase 1 Regulatory Signs Update to By -law 89 -2000 RECOMMENDATION: It is recommended that the regulatory signs outlined in this report be approved for the first phase of the Deerfield Estates subdivision. BACKGROUND: The Deerfield Estates subdivision was approved in 2007. The first phase of construction is well underway and includes an elementary school on the northwest corner of Kalar Road and Forestview Boulevard. The school is scheduled to open in time for the new school year this September. Conditions have been imposed through the subdivision agreement for the installation of stop signs, "no stopping" restrictions and warning signs. A breakdown of the signs for the first phase is as follows: "Stop" Signs That a stop sign be installed facing: Niag ara ails CANADA 1. North and southbound traffic on Parkside Drive at Forestview Boulevard; 2. East and westbound traffic on Glavcic Drive at Parkside Drive; 3. Northbound traffic on Desanka Avenue at Forestview Boulevard; and, 4. Eastbound traffic on Forestview Boulevard at Kalar Road. The stop sign for eastbound traffic on Forestview Boulevard at Kalar Road will be replaced with traffic signals this autumn in conjunction with the Kalar Road reconstruction and expansion. a Falls, ON, Canada L2E 6X5 905 -356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Community Services Department Transportation Services May 26, 2008 TS- 2008 -33 "No Stopping" Signs That a "no stopping" restriction be installed: 1. At all times on both sides of Forestview Boulevard between Kalar Road and a point 60 metres west of Kalar Road; and, 2. Between the hours of 8:00 a.m. and 4:30 p.m., Monday to Friday, on both sides of Forestview Boulevard between a point 60 metres west of Kalar Road and a point 70 metres west of Desanka Avenue. In addition, the following warning signs will be installed, based on the approved street layout: 1. School Area signs on Kalar Road and Forestview Boulevard; and, 2. Keep right signs with object markers on Parkside Road. Parking and Traffic By -law 89 -2000 needs to be amended to reflect the additional controls. Recommended by: Approved by: Respectfully submitted: Ed Dujlovic, x 2 Karl Dren, Director o Transportation Services tive Director of Community Services MacDonald, Chief Administrative Officer J. Grubich S: \General Administration \GA 1.01 Reports\2008 Council \05 May 26 \TS- 2008 -33 Deerfield Estates Subdivision Phase 1 Agreement.wpd May 26, 2008 TS- 2008 -34 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: TS- 2008 -34 Desanka Avenue Parking By -law Update RECOMMENDATIONS: Niag ara alts CANADA 1. That a "no parking" restriction be installed on the west side of Desanka Avenue between Forestview Boulevard and Christopher Crescent. 2. That a "no parking" restriction be installed on the east side of Desanka Avenue between Forestview Boulevard and a point 17 metres south of Christopher Crescent. BACKGROUND: A condominium application was recently approved at the southeast corner of Forestview Boulevard and Desanka Avenue, in the Deerfield Estates Subdivision. Access to the site will be via Desanka Avenue only. The parking restrictions were recommended to maintain unimpeded traffic on Desanka Avenue for fire vehicle apparatus and permit adequate sight lines for motorists exiting the condominium. The developer has been informed of Staff's intention to implement the parking prohibitions during the site plan application stage. A minimum number of parking spaces per the Zoning By -law have been allocated within the condominium development including visitor parking spaces. These measures have been recommended by staff, as a condition of site plan approval, as a proactive step, in order to minimize the traffic impacts on the adjacent residential neighbourhood. Visitor parking for the condominium has been provided within the development. 023, Niagara Falls, ON, Canada L2E 6X5 905 -356 -7521 www.niagarafalls.ca Working Together to Serve Our Community C ommunity Services Department Transportation Services May 26, 2008 The total cost for the above works is estimated at $600, including labour costs. All associated signing works have been paid in full by the developer. Recommended by: Approved by: Respectfully submitted: J. Grubich 2 KafI Dren, Director of Transportation Services TS- 2008 -34 Ed Dujlovic, E nist ative tive Director of Community Services MacDonald, Chief Admi Officer S:1General Administration\GA 1.01 Reports12008 Council105 May 261TS- 2008 -34 Desanka Avenue.wpd tem .4 *60 tikr06- Chris opher Crescent NORTH ITO2 ID SCALE 04 weer Desanka Avenue Parking By-law Update Forestview Boulevard I, LEGEND: I Proposed "No Parking" Restriction ideau treet May 26, 2008 TS- 2008 -35 Ni a ara ails a. CANADA His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: TS- 2008 -35 Parking and Traffic By -law 89 -2000 Various Updates to Schedules RECOMMENDATION: That the parking and traffic by -law updates be approved to match existing conditions. BACKGROUND: As a housekeeping matter, a number of updates are required for various schedules in Parking and Traffic By -law 89 -2000 to correspond with existing field signage. The By -law appearing on tonight's agenda pertains to existing regulatory controls on Garner Road, Heximer Avenue, Park Street and Casey Street. Recommended by: Approved by: Respectfully submitted: Dren a r Director of Transportation Services Ed Dujlovic, Executive Director of Community Services et- hn MacDonald, Chief Administrative Officer J. Grubich S:IGeneral Administration\GA 1.01 Reports12008 Counci1105 May 261TS- 2008 -35 By -law Update.wpd P.O. Box 102 0 Queen Street Niagara Palls, ON, Canada L2E 6X5 905 -356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Community Services Department Transportation Services CITY OF NIAGARA FALLS By -law No 2008 A by -law to establish Part of Block 44, Plan 1 and Part of Lot 33, Plan 34, Stamford, as a public highway, to be known as and to form part of Dunn Street. WHEREAS Section 31 of the Municipal Act, 2001 provides, in part, that a municipality may pass a by -law to establish a highway; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That Part of Block 44, Plan 1 and Part of Lot 33, Plan 34, Stamford, being Parts 1, 2 and 3 on Reference Plan 59R- 13671, in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That said Part of Block 44, Plan 1 and Part of Lot 33, Plan 34, Stamford, being Parts 1, 2 and 3 on Reference Plan 59R-13671 that is hereby established as a public highway, be known as and form part of Dunn Street. Passed this twenty -sixth day of May, 2008. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: May 26, 2008. May 26, 2008. May 26, 2008. CITY OF NIAGARA FALLS By -law No. 2008 A by -law to establish Part Township Lot 148 Stamford designated as Part 1 on Reference Plan 59R- 13607 as a public highway, to be known as and to form part of Dorchester Road. WHEREAS Section 31 of the Municipal Act, 2001 provides, in part, that a municipality may pass a by -law to establish a highway; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That Part Township Lot 148 Stamford designated as Part 1 on Reference Plan 59R- 13607; in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That said Part Township Lot 148 Stamford designated as Part 1 on Reference Plan 59R- 13607 that is hereby established as a public highway, be known as and form part of Dorchester Road. Passed this twenty -sixth day of May, 2008. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: May 26, 2008. May 26, 2008. May 262008. CITY OF NIAGARA FALLS By -law No. 2008 A by -law to amend By -law No. 79 -200, to permit a place of worship, a community kitchen and an emergency shelter, and to repeal By -law No. 96 -28. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Sheet D3 of Schedule "A" to By -law No. 79 -200 is amended by redesignating from I and numbered 396 to I and numbered 826, the land on the west side of St. Lawrence Avenue, across from Ellis Street, being Lt 7 P1 276 Town of Niagara Falls; Lt 8 P1 276 Town of Niagara Falls; Niagara Falls and shown hatched and designated I and numbered 826 on the plan Schedule 1, attached to and forming part of this by -law. 2. Notwithstanding the provisions of sections 2.31, 4.19.1 and 9.1 and clauses (a), (b), (c), (d), (f), (g), (j) and (k) of section 9.2 of By -law No. 79 -200, no person shall use the land described in section 1 of this by -law and shown hatched and designated I and numbered 826 on the plan Schedule 1 attached hereto, or erect or use any building or structure thereon, except for a place of worship, a community kitchen, an emergency shelter and accessory buildings and accessory structures, and except in compliance with the following regulations: (a) Deemed lot (c) Minimum front yard depth 1.6 metres (d) Minimum interior side yard width (i) from the northerly interior 2 metres side lot line (ii) from the southerly 5 metres interior side lot line (e) Minimum rear yard depth 2 metres (f) Maximum lot coverage 36% (g) Minimum number of required none parking spaces all of the land described in section 1 of this by -law and shown hatched and designated I and numbered 826 on the plan Schedule 1, shall be considered one lot (b) Minimum lot area the whole of the land shown hatched and designated I and numbered 826 on the plan Schedule 1 attached hereto (i) All other provisions of By -law No. 79 -200 shall continue to apply. 3. For the purposes of this by -law: "community kitchen" means a charitable facility providing meals to individuals that are homeless or otherwise in need; and "emergency shelter" means a facility, operated from November 1 until and including April 1 of the next calendar year, providing temporary housing for one or more individuals who are otherwise homeless. 4. By -law No. 96 -28 is repealed and section 19.1.396 of By -law No. 79 -200 is deleted. 5. Section 19 of By -law No. 79 -200 is amended by adding thereto the following: 19.1.826 Passed this twenty -sixth day of May, 2008. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading; (h) Accessory buildings and in accordance with sections 4.13 and 4.14 accessory structures of By -law No. 79 -200 May 26, 2008 May 26, 2008 May 26, 2008 S:\ZONING\AMS12008113y-lawstByam007.wpd 2 Notwithstanding the provisions of sections 2.31, 4.19.1 and 9.1 and clauses (a), (b), (c), (d), (f), (g), (j) and (k) of section 9.2 of By -law No. 79 -200, no person shall use the land on the west side of St. Lawrence Avenue, across from Ellis Street, designated I and numbered 826 on Sheet D3 of Schedule "A or erect or use any building or structure thereon, except for a place of worship, a community kitchen, an emergency shelter and accessory buildings and accessory structures, and except in compliance with By -law No. 2008 SCHEDULE 1 TO BY -LAW No. 2008 Subject Land Description: Lt 7 P1 276 Town of Niagara Falls; Lt 8 P1 276 Town of Niagara Falls; Niagara Falls Applicant: Community of Christ Assessment #s: 272502000507200 272502000507300 Amending Zoning By -law No. 79 -200 1:NTS AM -2008 -007 K: \GIS_Requests\ 2008\ Schedu les \ZoningAM\AM- 07 \mapping.map April 2008 A by -law to make a certain appointment. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Todd Harrison is hereby appointed to the position of City Treasurer. 2. The effective date of this appointment is May 26, 2008. Passed this twenty -sixth day of May 2008. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: CITY OF NIAGARA FALLS By -Law No. 2008 CITY OF NIAGARA FALLS By -law No. 2008 A by -law to set and levy the rates of taxation for City purposes, for Regional purposes, and for education purposes for the year 2008. WHEREAS Section 312 of the Municipal Act, 2001, S.O. c.25 provides that the Council of a local municipality shall pass a by -law to levy a separate tax rate on the assessment in each property class; AND WHEREAS the assessment of classes of rateable property described as residential /farm, multi residential, commercial, industrial, pipeline, farmland, managed forest and large industrial, as defined in the Assessment Act, and regulations thereto, have been determined on the basis of the aforementioned property assessment rolls; AND WHEREAS the tax ratios and the tax rate reductions for prescribed property classes for the 2008 taxation year have been set out in By -law 37 -2008 of the Regional Municipality of Niagara, dated 10t day of April 2008; AND WHEREAS the tax rates and tax levies for purposes of the Regional Municipality ofNiagara, and for public and separate school purposes for the 2008 taxation year have been set out in By -law 38 -2008 of the Regional Municipality of Niagara, dated 10t day of April 2008; AND WHEREAS the Council of the Corporation of the City ofNiagara Falls has adopted estimates of all sums required to be raised by it during the year 2008; AND WHEREAS the tax rates on the aforementioned property classes and property subclasses have been calculated pursuant to the provisions of the Municipal Act, 2001, and applicable regulations in the manner set out herein; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS HEREBY ENACTS AS FOLLOWS: 1. The assessments for the City of Niagara Falls on which the sums required for the year 2008 are to be levied for the various purposes hereinafter set forth are as follows: Assessment Amount Assessment Amount Assessment Category General Urban Service Area RESIDENTIAL/FARM 4,766,671,087 4,451,072,920 MULTI RESIDENTIAL 207,012,065 207,012,065 NEW MULTI RESIDENTIAL 929,000 929,000 -2- COMMERCIAL Taxable General 12,423,000 12,423,000 Taxable Full 1,604,982,834 1,567,351,592 Excess Land 10,515,669 9,191,561 Vacant Land 73,174,590 72,602,590 Office Building 9,005,940 9,005,940 Excess Land 0 0 Shopping Centre 126,215,960 126,215,960 Excess Land 4,306,810 4,306,810 Parking Lot 17,284,900 17,006,900 INDUSTRIAL (RESIDUAL) Taxable Full 57,371,078 51,825,344 Excess Land 3,442,322 2,728,761 Vacant Land 10,399,470 9,419,070 LARGE INDUSTRIAL Taxable Full 17,1 25,968 17,125,968 Excess Land 211,899 211,899 PIPELINES Taxable Full 28,699,000 16,614,000 FARMLANDS 24,748,668 709,200 MANAGED FORESTS 471,800 0 2. There shall be levied and collected by taxation in the City of Niagara Falls for the year 2008 for the several purposes and in the manner hereinafter provided, the several sums and amounts following and for such purposes the several rates hereinafter mentioned are hereby imposed, namely: (a) in the whole of the City of Niagara Falls: (b) in Urban Service Areas 1 and 2: Passed this 26th First Reading: Second Reading: Third Reading: 3 (i) for the general purposes, including items of civic expenditure, except those hereinafter specifically mentioned, the sum of $45,448,077.00, which includes the amount of $6,264,763.00 for waste management services; (ii) for public and separate school board purposes the sum of $44,730,552.00; (iii) for the purpose of The Regional Municipality of Niagara the sum of $60,062,363.00; and (i) for urban service purposes the sum of $5,954,514.00. 3. The tax rate schedule set out in Schedule "A" is hereby adopted to be applied against the whole of the assessment for rateable property. 4. Every owner shall be taxed according to the tax rates in this by -law and such tax shall become due and payable for 2008 only, for, (a) Residential, Pipeline, Farmland and Managed Forest Assessments on June 30, 2008 and September 30, 2008, and (b) Commercial, Industrial and Multi Residential Assessments on August 29, 2008 and October 31, 2008. 5. The Treasurer is hereby authorized and required to make, prepare and certify a Tax Roll in accordance with the requirements of this By -law and other applicable law. 6. It shall be the duty of the Tax Collector to pay into the hands of the Treasurer of the City of Niagara Falls all sums of money that may be collected by him under the authority of this by -law and to make a return of his or her Roll on or before the 31st day of December 2008. 7. This by -law shall come into force and effect immediately upon passing thereof. 8. Schedule "A" attached to this By -law shall form part of this By -law. day of May 2008 DEAN IORFIDA, CITY CLERK R. (TED) SALCI, MAYOR Assessment General Rates Urban Service Area Urban Service Area Total Property Class Code City Waste Mgmt. Region Schools Total Residential /Farm RT 0.451001% 0.072108% 0.691320% 0.264000% 1.478429% 0.072087% 1.550516% Multi- residential MT 0.929062% 0.148542% 1.424118% 0.264000% 2.765722% 0.148500% 2.914222% New Multi residential 0.451001% 0.072108% 0.691320% 0.264000% 1.478429% 0.072087% 1.550516% Commercial Occupied CT /ST /DT 0.793131% 0.126808% 1.215754% 1.592891% 3.728584% 0.126773% 3.855357% Vacant Unit CU /SU /DU 0.555191% 0.088766% 0.851029% 1.115024% 2.610010% 0.088741% 2.698751% Vacant Land CX 0.555191% 0.088766% 0.851029% 1.115024% 2.610010% 0.088741% 2.698751% Industrial I- Dx Occupied 1.186133% 0.189643% 1.818172% 2.566768% 5.760716% 0.189590% 5.950306% Vacant Unit 0.770987% 0.123268% 1.181812% 1.668399% 3.744466% 0.123233% 3.867699% Vacant Land 0.770987% 0.123268% 1,181812% 1.668399% 3.744466% 0.123233% 3.867699% Large Industrial Occupied LT 1.186133% 0.189643% 1.818172% 2.566768% 5.760716% 0.189590% 5.950306% Vacant LU 0.770987% 0.123268% 1.181812% 1.668399% 3.744466% 0.123233% 3.867699% Pipelines PT 0.736665% 0.117781% 1.129199% 1.532030% 3.515675% 0.117748% 3.633423% Farmlands FT 0.112750% 0.018027% 0.172830% 0.066000% 0.369607% 0.018022% 0.387629% Managed Forests TT 0.112750% 0.018027% 0.172830% 0.066000% 0.369607% 0.018022% 0.387629% Farmland Awaiting 0.338251 0.054081 0.518490% 0.198000% 1.108822% 0.054066% 1.162888% Development I Farmland Awaiting 0.451001% 0.072108% 0.691320% 0.264000% 1.478429% 0.072087% 1.550516% Development II -4- CITY OF NIAGARA FALLS 2008 Tax Rates Schedule "A" CITY OF NIAGARA FALLS By -law No. 2008 A by -law to impose special rates to provide for the payment of the owner's portion of the cost of certain local improvements. WHEREAS the cost of the local improvements referred to in Schedule "A" hereto and constructed under the authority of By -Law No. 2007 -26 is $247,761.79; AND WHEREAS the Corporation's portion of the cost of the said local improvements are $60,905.88; AND WHEREAS the Council of the Corporation has deemed it desirable pursuant to subsection 8 of section 53 of The Local Improvement Act, R.S.O. 1990, L. 26, to include the Corporation's portion of the cost of the said local improvements in the estimates for 2008; AND WHEREAS the owner's portion of the cost of the said local improvement is $186,855.91 of which $90,320.37 has been commuted, leaving $96,535.54 outstanding; AND WHEREAS Courts of Revision have been held for the hearing of complaints against the special assessment in respect of the said local improvements and the Clerk of the Corporation has certified the special assessment roll; AND WHEREAS to provide for the payment of the uncommuted part of the owner's portion of the cost of the said local improvements together with a sum sufficient to cover interest thereon at the rate of 4.45% per annum the Council of the Corporation deems it desirable to impose the special assessments set out in the special assessment rolls in respect of the said local improvements upon the lands liable therefore as therein set out payable in annual instalments in the years 2008 to 2017 inclusive. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That for the payment of the owner's share of a part of the cost of the local improvements referred to in Schedule "A" hereto and constructed under the authority of By -Law No. 2007 -26 namely $96,535.54, plus interest thereon at the rate of 4.45% per annum, the special assessments set out in the special assessment roll in respect of such works are hereby imposed upon the lands liable therefore as therein set out, which said special assessment with a sum sufficient to cover interest thereon as aforesaid, shall be payable in ten annual instalments in the years 2008 to 2017 inclusive, as set out in column 2 of Schedule "B" attached hereto, and for the special annual rates per foot frontage set out in the said special assessment roll are hereby imposed upon the lot entered in the special assessment roll according to the assessed frontage thereof over and above all other rates and taxes, and the special rate shall be collected annually by the Treasurer or the Collector of Taxes for the Corporation at the same time and in the same manner as other rates. 2. That Schedules "A" and "B" hereto annexed are hereby declared to form part of this by -law. Passed this DEAN IORFIDA, CITY CLERK R. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: 2 26th day of May 2008. CITY OF NIAGARA FALLS SCHEDULE "A" Construction Local improvement By -Iaw By -Iaw Nature of Improvement Number Number MW- 2007 -26 MW- 2007 -26 Contract 2007 134 -03 Garner Road Sanitary Extension On Garner Road From McGarry Drive To McLeod Road CITY OF NIAGARA FALLS SCHEDULE "B" BY -LAW NO Summary of Debt Information Prinicpal $96,535.56 Interest $25,165.24 Rate of Interest 4.45% Summary of Annual Debt Charges Column 1 Column 2 2008 $12,170.08 2009 $12,170.08 2010 $12,170.08 2011 $12,170.08 2012 $12,170.08 2013 $12,170.08 2014 $12,170.08 2015 $12,170.08 2016 $12,170.08 2017 $12,170.08 $121,700.80 (5) Passed this twenty -sixth day of May, 2008. First Reading: Second Reading: Third Reading: May 26, 2008 May 26, 2008 May 26, 2008 CITY OF NIAGARA FALLS By -law No 2008 A by -law to amend By -law No. 2007 -161, being a by -law to regulate the supply of water and to provide for the maintenance and management of the waterworks and for the imposition and collection of rates for the use of water and water related services. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Section 14.(3) of By -law No. 2007 -161 is amended by deleting "no later than one month following delivery of the water meter" at the end of the sentence and inserting "at the flat rate at the time of issuance of the building permit for the premises at or within which the meter is, or is to be, installed" in lieu thereof, so that the section shall read as follows: "(3) When the owner takes delivery of a meter from the City, the account for the meter shall be established and billed to the owner at the flat rate at the time of issuance of the building permit for the premises at or within which the meter is, or is to be, installed." 2. Section 14.(5) of By -law No. 2007 -161 is amended by adding at which time the account will be transferred to a volumetric charge" at the end of the sentence, so that the section shall read as follows: Should the owner not contact the City for a meter inspection or installation, the owner will be billed on the basis of the refusal rate set out in the Schedule, from the date that the account is established, up to and including the recorded date of inspection by City Staff, at which time the account will be transferred to a volumetric charge." DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR CITY OF NIAGARA FALLS By -law No. 2008 A by -law to establish Part Township Lot 73 Stamford as a public highway, to be known as and to form part of Orlando Drive. WHEREAS Section 31 of the Municipal Act, 2001 provides, in part, that a municipality may pass a by -law to establish a highway; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That Part Township Lot 73 Stamford as in ST41277; in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That said Part Township Lot 73 Stamford as in ST41277 that is hereby established as a public highway, be known as and form part of Orlando Drive. Passed this twenty -sixth day of May, 2008. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: May 26, 2008. May 26, 2008. May 26, 2008. CITY OF NIAGARA FALLS By -law No. 2008 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 26t day of May, 2008. WHEREAS it is deemed desirable and expedient that the actions and proceedings of Council as herein set forth be adopted, ratified and confirmed by by -law. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The actions of the Council at its meeting held on the 26t day of May, 2008 including all motions, resolutions and other actions taken by the Council at its said meeting, are hereby adopted, ratified and confirmed as if they were expressly embodied in this by -law, except where the prior approval of the Ontario Municipal Board or other authority is by law required or any action required by law to be taken by resolution. 2. Where no individual by -law has been or is passed with respect to the taking of any action authorized in or with respect to the exercise of any powers by the Council, then this by -law shall be deemed for all purposes to be the by -law required for approving, authorizing and taking of any action authorized therein or thereby, or required for the exercise of any powers thereon by the Council. 3. The Mayor and the proper officers of the Corporation of the City ofNiagara Falls are hereby authorized and directed to do all things necessary to give effect to the said actions of the Council or to obtain approvals where required, and, except where otherwise provided, the Mayor and the Clerk are hereby authorized and directed to execute all documents arising therefrom and necessary on behalf of the Corporation of the City ofNiagara Falls and to affix thereto the corporate seal of the Corporation of the City of Niagara Falls. Passed this twenty -sixth day of May, 2008. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: May 26, 2008 May 26, 2008 May 26, 2008