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2009/02/09COUNCIL MEETING Monday, February 9, 2009 Order of Business and Agenda Package COUNCIL MEETING February 9, 2009 PRAYER: Councillor loannoni ADOPTION OF MINUTES: Council Minutes of January 26 2009 DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. DEPUTATIONS Women's Place of South Niagara Joe Talarico and Niagara Regional Police Staff Sergeant Mark Lightfoot will address Council on the upcoming 7 Annual Cares Foundation Strike Out Violence Bowling Tournament that supports Women's Place. Mayor's Youth Advisory Committee Co- Chairs, Laurel Walsh, St. Paul and Kacey Taylor, Stamford would like to make a presentation to inform Council of their annual plan ideas and ongoing projects in the community. Niagara Falls Community Policing Representatives from the Niagara Falls Community Policing Group will make a presentation to Council addressing the Graffiti problem in our City. -2 PLANNING MATTERS Public Meeting AM- 2008 -004, Zoning By -law Amendment Application 2096, 2108 and 2122 Catharines Crescent Applicant: Jingyu Li and Fayez Elayan and the City of Niagara Falls Permit Site Works Related to Erosion Control and Slope Stability Background Material: Recommendation Report: PD- 2009 -12 MAYOR'S REPORTS, ANNOUNCEMENTS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1 Broderick Partners LLP Proposed Pumping Station /Forcemain and Sanitary Sewers Front End Cost Sharing Proposal. RECOMMENDATION: Refer to Staff 2. Blue Box Program Review Waste Diversion Act Review Association of Municipalities (A.M.O.) positions on the blue box program and waste diversion. RECOMMENDATION: Council supportAMO's position on the Blue Box program and that staff review the Minister of Environments Discussion Paper on waste diversion and recommend a position to Council prior to the April 1 s deadline for comments. Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. REPORTS RATIFICATION OF CORPORATE SERVICES COMMITTEE RECOMMENDATIONS (Councillor Pietrangelo, Chair 3 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. CD- 2009 -02 Marriage Information FS- 2009 -01 Fire Safety Boxes R- 2009 -03 2009 Proposed Cemetery Fees PD- 2009 -11 -CB FIG 2008 -021, Commercial Building Facade ImprovementGrant 1609602 Ontario Inc. (Alan Willick), 4616 4618 Erie Avenue MW- 2009 -04 Robinson Street Cul de sac/ Jolley Cut BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2009 -23 A by -law to provide for the adoption of Amendment No. 87 to the City of Niagara Falls Official Plan as approved by the Ontario Municipal Board: (OPA No. 87) 2009 -24 A by -law to amend By -law No. 79 -200, as directed by the Ontario Municipal Board, to recognize the commercial use of a portion of the land and permit a` limited expansion of the use on the balance of the land. (AM- 12/2007) 2009 -25 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 9` day of February, 2009. NEW BUSINESS r (2 /22%206)9) Dean lorfida Councir Meeting Request From: "Development Officer" <DevelopmentOfficer @wpsn.ca> To: "Dean lorfida" <diorfida @niagarafalls.ca> Date: 1/9/2009 11:44 AM Subject: Council Meeting Request Attachments: city of niagara falls agenda requestjan2007.doc Hi Dean, ftb• 1 would like to request to be put on the Jan 26th Council Meeting Agenda. I will have two representatives from the Cares Foundation Strike Out Violence Bowling Tournament attending to speak about the event as we have done annually. Thank you, Chelsey Spinosa Development Officer Women's Place of South Niagara Inc. P.O. Box 853, Niagara Falls, ON L2E 6V6 P: 905 356 -3933, ext. 241 F: 905 356 -5522 The information contained in this email is confidential. If the reader is not the intended recipient or the agent thereof, you are hereby notified that any dissemination, distribution or copying of this email is strictly prohibited. If you have received this email in error, please notify us immediately. Thank you. age1 (2/2/2009) Dean Iorfida city of niagara falls agenda requestjan2007.doc January 9, 2009 Mr. Dean Iorfida, City Clerk City of Niagara Falls diorfida a,city.niagarafalls.on.ca Dear Mr. Iorfida, Please accept this letter as a al request to be placed on the Niagara Falls City Council agenda for Monday, Jana�r 672009. Mr. Joe Talarico and Niagara Regional Police Staff Sergeant Mark Lightfoot would be the representatives in attendance. They would like to address Mayor and Council in regards to the 7` Annual Cares Foundation Strike Out Violence Bowling Tournament that supports Women's Place of South Niagara Inc. Should you require any additional information in regards to our request, please contact me at 905- 356 -3933, Extension 241 at anytime. As well, please contact me at your earliest convenience to confirm attendance on Monday, Januar 2009. Thank you for your assistance. Sincerely, Chehsey Spinosa Chelsey Spinosa Development Officer Women's Place of South Niagara Inc. Women's. Trace of South Niagara Inc. ithtt Women's Place Development Office Y.O. Box 853 Niagara Falls, ON L2E 6V6 P: (905) 356 -1383 www. womensplacesn.org developmentofficer wpsn.ea 1(2/2/2009) Dean lortda mayor's youth request Page 1 From: Carey Campbell To: Dean Iorfida Date: 1/29/2009 1:35 PM Subject: mayor's youth request Dean: The Mayor's Youth Advisory Committee co- chairs, Laurel Walsh (St. Paul) and Kacey Taylor (Stamford) have requested a few minutes to address Members of Council at an upcoming meeting. The purpose of their presentation would be to inform Members of Council of their annual plan ideas and what they have on the go in the community. They believe providing this information would also be a way to garner Council's support regarding their upcoming initiatives. They would like to do this in addition to their annual presentation (normally done at the end of the school year) where they present a slide show and the entire committee is present. Please let me know if we can schedule this for an upcoming Council meeting. thank you, carey 2/2/2009 Dean lorfida Graffiti Presentation Nia ara Falls Communi Policing Page From: "Todd Bright" <Todd.Bright @dsbn.edu.on.ca> To: "Dean lorfida" <diorfida @niagarafalls.ca> Date: 1/16/2009 1:00 PM Subject: Graffiti Presentation Niagara Falls Community Policing CC: <sfisher @niagarafalls.ca> Dean: Our Niagara Falls Community Policing Group as worked for the last 2 years on collecting data on Graffiti in our city. We have worked with the Niagara Regional Police Service to prepare this presentation for City Council. We believe this presentation provides an overview of the concerns we have and provides some areas for us to explore to help combat this growing problem We are seeking a time as soon as possible to speak to the council on this matter. We may need more than the allotted 15 minutes We would like Cst. Jeff Leavens to add some extra information if that is possible. I am looking forward to a response from you with regards to this matter. Todd Bright, Chair, NF Community Policing Dean: Thank you for your quick response. We are wanting to speak in front of F the council so that both•the council and the residents of this city get to see our extensive work. We are not interested in the Committee meeting but thank you for offering it. What Council Dates do you have available? What actions are we seeking from Council one to look at our data, two,take at what we have put together so that we can develop a plan of action where the city can help to provide some leadership around this growing concern; We are as a group interested in make sure our city is safe and is seen 'as a safe place to live, and visit. Todd Corporate Services Department Clerk's Division Inter Department Memorandum Niagara TO: His Worship Mayor Ted Salci DATE: February 9, 2009 Members of Council FROM: Dean Iorfida City Clerk Ext. 4271 RE: Community Policing Graffiti Some Council Members may recall that Community Policing approached Council in later 2005 on this issue. Some subsequent meetings with staff took place and Community Policing representatives were asked to provide a proposal on what they would like to do and what the City's role would be. We never received any further information. Community Policing has continued to monitor the issue and are coming before Council to show the data they have collected and are hoping the City can "provide some leadership around this growing concern." As in 2005, staff would recommend that we report back after receiving the Community Policing information and presentation. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development (220096 an to lida' Re An Graffiti Page 1 From: To: Date: Subject: Hi Ken: Ken Dean Iorfida Ken Beaman 1/23/2008 9:24 AM Re: Anti Graffiti I had sent the e -mail below to you last January 31st: Linda Page, the Community Po /icing person, never sent me a proposal. I consider the file closed, I agree that if worst came to worst, the Property Standards By -law has the adequate tools. I assume all Parks Rec is doing is correction, as opposed to prevention. Ms. Page had been espousing Toronto's Anti Graffiti By -law. Last year I went to the BIA conference and a number of neighbourhoods in Toronto are looking at providing artists walls (an outlet) for their. They have found that this approach has worked better than enforcement. Dean Ken Beaman 1/31/2007 8:27 AM Any news? Ken Ken Beaman 1/23/2008 8:19 AM Dean, This matter has been outstanding for some time. I understand that the Parks Department is looking into it. In any event, it is my view that Section 49 of the Property Standards By -law, By -law 98 -50, as amended, deals with issues of the defacement of buildings. There is a power for the Property Standards Officer to order corrective action. This would appear to be the appropriate route for dealing with a matter of this type, given our concerns about victimizing the victim. The Property Standards system provides and appeal mechanism that will enable the victim of the vandal to state his case. As there is a mechanism for dealing with these matters currently in the Citys By -law structure, I will be closing my file on this matter. 2 December 12, 2005 MAYOR'S REPORTS, ANNOUNCEMENT Mayor Salci advised that Pat Simon of Simon's News Stand celebrated his 75 birthday on Saturday, December 10 Mayor Salci advised of an upcoming event, Dec 13'", he and Alderman Kerrio along with Serge Felicetti and a number of community stakeholders will be meeting with Minister Caplan regarding the two casino issue. As this year is coming to a close, Mayor Salci took a moment to thank City staff for all their hard work and effort throughout this past year, the efforts have gone a long way to making the city a better place. Also, Mayor Salci thanked Council for their great efforts and committment to the City. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Niagara Falls Community Policing Re requesting that Council consider adopting an z ;pus;;lt by -law. -AND Memo from City Clerk RECOMMENDATION: That the matter be referred to staff. ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni that the matter be referred to staff. Carried Unanimously 2. New Year's Eve Fireworks FX WORX Inc. is requesting permission to hold the annual fireworks display from the Skylon Tower on New Year's Eve. -AND Memo from City Clerk RECOMMENDATION: For the approval of Council. ORDERED on the motion of Alderman Campbell, seconded by Alderman loannoni that the request be approved. Carried Unanimously 3. Memorial Handball Tournament/YMCA "Partnerships with Youth" Fundraiser. request to have an event with liquor at the MacBain Community Centre, January 7, 2006 event. -AND- Memo from City Clerk RECOMMENDATION: That Council give approval for this one off event and that staff come back in the new year with an amendment to the Municipal Alcohol Risk Management Policy. ORDERED on the motion of Alderman Campbell, seconded by Alderman loannoni that the communication be approved as recommended Carried Unanimously 4. Elections Canada Request the use of fire station 6 for a polling station on January 23, 2006, RECOMMENDATION: That Council give direction to the City Clerk and Mayor to sign agreement allowing City facilities to be used as a polling stations. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Kerrio that the communication be approved as recommended. Carried Unanimously Clerk's Department Inter Departmental Memorandum To: Mayor Ted Salci Members of Council From: Dean Iorfida City Clerk Ext. 4271 Subject: Graffiti Niagara Falls Community Policing Re: Graffiti That Council consider adopting an anti graffiti by -law. Background: Attached is a letter from Linda Page, Chairperson of Niagara Falls Community Policing indicating that graffiti is a growing concern in the community. Her group is requesting that the City adopt an anti graffiti by -law similar to one in Toronto. A letter from the Mayor's Youth Advisory Committee indicates that the committee does not support graffiti at the Skate Park and that they support whatever action is necessary to remove it. Recommendation: That the matter be referred to staff. Working Together to Serve Our Community The City of Niagara Fall Canada Date: December 12, 2005 December 7, 2005 Mayor Ted Salci Members of Council 4310 Queen Street Niagara Falls, Ontario, L2E 6X5 Dear Mayor Salei and Members of Council: On behalf of the Niagara Falls Community Policing Committee we would like to inform you of a growing concern within our community that we have identified as a problem, namely the increase of graffiti throughout the conununity. It is our collective opinion that the best policy is one of ZERO TOLERANCE" We respectfully request that council consider adopting a anti graffiti by -law comparable to that of the City of Toronto to help address this growing problem. Many other cities throughout Canada are adopting by -laws to address these concerns as well. Our committee, along with dozens of concerned business owners and other community groups, are fully prepared to participate in the process to implement this new by -law. We look forward to your favourable response to our proposal. Respectfully yours Linda Page Chairperson Niagara Falls Conununity Policing. His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Dear Mayor Salci and Members of Municipal Council: In co-operation with The City of Niagara Falls Canada Parks, Recreation Culture 7150 Montrose Road, Unit 1, Niagara Falls, ON L2H 3N3 Tel: 905 -356 -7521, ext. 3330 Fax: 905- 356 -7404 Re: Graffiti Issue December 12, 2005 The Mayor's Youth Advisory Committee have been asked to advise City Staff of their opinion on graffiti at the Skate Park and whether the City should host a graffiti contest or whether the City should provide graffiti boards for the youth. In order to make an informed decision, Constable Joanne Carter of the Niagara Regional Police Service, was invited to attend the Mayor's Youth Advisory Committee meeting on December 7, 2005. Constable Joanne Carter is recognized as the "Police Expert" on graffiti. Last year, the NRPS received a Provincial Award on their success in dealing with graffiti in the Niagara Region. In the presentation, the NRPS were in support of a zero tolerance approach to graffiti and they strongly support the execution of Municipal and Regional By -laws as a means to deal with the control of graffiti. After the presentation and discussion, The Mayor's Youth Advisory Committee decided they are not in favour of any graffiti contest, or art boards and recommend that the graffiti should be removed from the Skate Park. The following motion was made by the Mayor's Youth Advisory Committee: "Mayor's Youth Advisory Committee do not support graffiti at the Skate Park and that they support whatever action is necessary to remove it Your support of this motion would be greatly appreciated. :LA c.c. Adele Kon, Director of Parks Recreation Culture SAYOOth1I *&MYAC knee to Coued Dec t, ZOOS re Onf €wpd Niagar Yours truly, Patricia Dunn, Chairperson Mayor's Youth Advisory Committee n February 9, 2009 PD-2009-12 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Niagaraj'alls CANADA Re: PD- 2009 -12 AM- 2008 -004, Zoning By -law Amendment Application 2096, 2108 and 2122 Catharine Crescent Applicant: Jingyu Li and Fayez Elayan and the City of Niagara Falls Permit Site Works Related to Erosion Control and Slope Stability That Council approve the Zoning By- IawAmendment application to modify the EPA zoning that applies to the rear of 2096, 2108 and 2122 Catharine Crescent to permit site works related to erosion control and slope stability, subject to a permit from the Niagara Peninsula Conservation Authority. Jingyu Li and Fayez Elayan have requested an amendment to Zoning By -law No. 79 -200 for part of their 3,853 square metre (0.95 acre) property known as 2108 Catharine Crescent. The rear of the property is a slope and zoned Environmental Protection Area (EPA -552), which does not permit the land to be altered except for the provision of municipal services. The applicants undertook site works to stabilize the slope within the EPA -552 zone and are requesting these works be recognized.. Zoning provisions are requested to be added to the EPA -552 zone to permit site works for slope stability and erosion control subject to a permit from the Niagara Peninsula Conservation Authority (NPCA). As the same EPA -552 zone exists on the rear of the abutting properties (2096 and 2122 Catharine Crescent), Staff propose the same zoning provisions be applied to these properties so that slope stability works can occur on them in the future if necessary. Schedule 1 shows the location of the three properties and the EPA -552 zoning. The application was deferred by Council at its December 1, 2008 meeting, to allow for further consultation with concerned residents. The attached Staff Report PD- 2008 -108 explains that the zoning change will still prerseve the natural ravine while allowing necessary slope stability under a NPCA permit. This report summarizes the results of the consultation with the interested residents. tox`1029 Niagara Falls oN ,Canada LzE6X5 905 356 7521 www..niagarafalls ca Working Together to Serve Our Community ommunity Services Department Planning Development February 9, 2009 2 PD- 2009 -12 Neighourhood Consultation On January 6, 2009 staff met with the applicant (Mr. Fayez Elayan), Mr. George Yerich Jr., (6447 Rockcliffe Estate) and Mr. Peter Jugoon, (2096 Catharine Crescent) who own abutting properties. The neighbours expressed concerns about the impact of any further site works on their land and on the natural ravine located at the rear of the subject lands. Mr. Elayan explained that in order to meet the necessary 3:1 slope to ensure slope stability some further regrading of the slope in the rear of his property is necessary. This regrading is expected to only affect the slope which has been constructed and not the rest of the ravine. He did not expect the regrading to affect either of his neighbour's property. Staff noted the applicant would need the prior permission of abutting landowners if any regrading encroached on their property. Mr. Yerich was satisfied that the area was sufficiently removed from his property and had no further concern. Mr. Jugoon noted that there is a stream on his property within the EPA zone and asked what the impact of further grading would be on the stream. This stream appears to emerge on Mr. Jugoon's property and runs northward, as the ravine slopes down from Mr. Elayan's property. Staff explained that a permit would be required from the NPCA before any works could be undertaken. Potential impacts on the natural features, including the stream, would be addressed by the NPCA. At the conclusion of the meeting Mr. Jugoon indicated he had no further concerns with the proposed zoning amendment. To ensure abutting lands are not adversely impacted, site works on the applicant's property will need to be certified and approved within the context of the Master Grade Control Plan. CONCLUSION: 1. As discussed in the attached Staff Report PD- 2008 -108, the requested zoning by- law amendment will provide a balance between protecting lands containing natural features and allowing for site works to stabilize the slope and protect against erosion. 2. Concerns raised by adjacent residents about encroachment of site works on other properties and protection of the natural environment have been addressed. Recommended by: Approved by: 'gyp 4/ Rut ik Alex Herby Dire tor of lanning Development Ed Dujlovic, Exec we Director of Community Services A.Bryce:mb Attach. S:\PDRt20091PD- 2009 -12, AM- 2008- 004,Li- Elayan,2096,2108,2122 Catharine Cresc.,Erosion Control.wpd Subject Land Applicant: Jingyu Li and Fayez Elayan City of Niagara Falls SCHEDULE 1 LOCATION MAP EPA -552 Amending Zoning By -law No. 79 -200 Location: 2096, 2108 and 2122 Catharine Crescent I:NTS AM- 2008 -004 December 1, 2008 N!agara,Fralls CANADA His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario THIS MATTER DEFERRED BY COUNCIL Members: Re: PD- 2008 -108 AM- 2008 -004, Zoning By -law Amendment Application 2096, 2108 and 2122 Catharine Crescent Applicant: Jingyu Li and Fayez Elayan and the City of Niagara Falls Permit Site Works Related to Erosion Control and Slope Stability RECOMMENDATION: BACKGROUND: PD- 2008 -108 Appendix "A" That Council approve the Zoning By -law Amendment application to modify the EPA zoning that applies to the rear of 2096, 2108 and 2122 Catharine Crescent to permit site works related to erosion control and slope stability, subject to a permit from the Niagara Peninsula Conservation Authority. Jingyu Li and Fayez Elayan have requested an amendment to Zoning By -law No. 79 -200 for part of their 3853 square metre (0.95 acre) property known as 2108 Catharine Crescent. The front of the property is zoned Residential Single Family 1A Density (RIA -551). The rear of the property is a slope and zoned Environmental Protection Area (EPA -552), which does not permit the land to be altered except for the provision of municipal services. The applicants undertook site works to stabilize the slope within EPA -552 zone and are requesting these works be recognized. The EPA -552 zone is requested to be amended to permit site works for slope stability and erosion control subject to a permit from the Niagara Peninsula Conservation Authority. As the same zone extends onto the rear of the abutting properties (2096 and 2122 Catharine Crescent), Staff propose the amendments also tiecur to the EPA -552 zone that applies to these properties. Notice that the lands.are included in this application was circulated to the respective owners. Schedule 1 shows the location of all three properties. Schedule 2 shows the portion of the properties covered by the EPA -552 zoning. Site Conditions and Surrounding Land Uses 333 otOueeetreet'P0 Box1023 Niagara,FaIIs L2E6X5 °905356.7521 www.niag Dwellings exist on two of the properties (2108 and 2122 Catharine Crescent). The property known as 2096 Catharine Ci ent is a vacant building lot. The lots are relatively flat except for the portions z e A -552 which are tree covered and slope upward toward the lots on Rockcliffe E Working Together to Serve Our Community Community Services Department Planning Development December 1, 2008 2 Residential lots lie to the south and west of the subject lands. A protected wooded area, also zoned Environmental Protection Area (EPA -433), lies to the east. Circulation Comments Regional Municipality of Niagara PD- 2008 -108 The site is adjacent to an Environmental Conservation Area according to the Region's Core Natural Heritage Map. It is appropriate to maintain the EPA 552 zoning of the property with an amendment to allow site works for slope stability. Any engineering report on slope stability is to be to the satisfaction of the Niagara Peninsula Conservation Authority and is to ensure the protection of the environmental lands to the east. Niagara Peninsula Conservation Authority (NPCA) The adjacent slope is protected by NPCA. A site specific modification to the existing EPA -552 zone should allow for erosion protection and slope stability works subject to a geotechnical /slope stability analysis. Municipal Works The applicant is to regrade the rear of the property in accordance with the recommendations of the slope stability analysis submitted with the application. Any retaining structure is to be certified by an engineer and completed to the satisfaction of the City. In addition, any site grading plans are to be revised to reflect approved site alterations and are to conform to the master grade control plan for the subdivision. Transportation Services, Parks, Recreation and Culture, Legal Services, Fire Services and Building and By -law Services No objections. Planning Analysis 1. The proposed amendment complies with the Official Plan. The lands are designated Residential in the Official Plan and are intended primarily for the development of housing. The Official Plan also promotes the protection of slopes and valley lands that are under the jurisdiction of Niagara Peninsula Conservation Authority (NPCA). As the environmentally sensitive portions of the subject lot.are intended to be protected and preserved and only those works to be allowed are those necessary to stabilize the slope, the proposed amendment complies with the Official Plan. December 1, 2008 3 PD- 2008.108 2. The requested amendment is appropriate. The intent of the EPA -552 is to preserve the slope in its natural state. Currently, the special provision prohibits any work, activity or buildings on the lands. The requested amendment would permitsite works necessary to protect the slope from erosion or slumping subject to a permit urider the NPCA regulations, The applicants have provided a soil stability analysis by a professional engineer which concludes that a stable slope will result when additional works are done such as flattening the slope to a 3:1 grade or securing the steeper parts with armourstone walls or other engineered retaining wall structures. The proposed amendment protects the slope and adjacent environmelital lands while allowing a reasonable scale of work to stabilize the valley slopes. The applicants have applied for the. zoning change for their property only (2108 Catharine Crescent). As the EPA -552 zone also applies to a sloped portion of the two abutting properties to the north and south (2096 and 2122 Catharine Crescent), it is recommended this zone be amended in a comprehensive manner, and that the proposed provisions apply to -ail three properties. 3. Other Matters Should this application be approved, the applicant will be required to alter the slope in accordance with the findings of the slope stability analysis they submitted, to avoid further slumping of the slope and damage to the valley. in addition, the applicant will need to provide a revised grading plan for the whole property. This revised plan will need to be reviewed and approved in the context of the master grade control plan for the subdivision and.will require a NPCA permit. CONCLUSION: The requested zoning by -law amendment to permit certain site works in the rear of the subject lands that are zoned EPA -552 can be supported for the following reasons: It conforms with the Official Plan. The zone changes will permit certain works. (subject to the necessary permits) and will provide a balance between protecting lands containing natural features and allowing for slope stability and erosion protection. Recommended by: Approved by: A.Bryce:mb Attach. S:1PDR12008tPD- 2008 -108, AM -2008- 004, 2096,2108,2122CaIharineCtes.wpd I Jh Alex Herlovitch ctor of Planning Development Ed Dujlovic, *ecutive Director of Community Services Subject Land Amending Zoning By -law No. 79 -200 Applicant: Jingyu Li and Fayez Mayan City of Niagara Falls SCHEDULE 1 LOCATION MAP Location: 2096, 2108 and 2122 Catharine Crescent EPA -552 ret it? EST LNTS AM- 2008 -004 4625 Ontario Ave. P. 0. Box 897 Niagara Falls, ON Canada L2E 6V6 tel 9 fax 905.356.6904 broderickpa rtn ers.com 1.1. Broderick O.C., LS.M. LAW SOCIETY CERTIFIED CIVIL LITIGATION SPECIAL/ST W. A. Amadio 1. B. Hopkins G. A. Kirkham I. M. Gilberti FLUORIN ITALIAN FRENCH R. 8. Burns E. P. Lustig M. DiGirolamo D. F. Marinelli -1997) January 14, 2009 I mai The Corporation of the City of Niagara Falls P.O. Box 1023 4310 Queen Street NIAGARA FALLS, Ontario L2E 6X5 Attention: Mr. Dean Iorfida, City Clerk Dear Mr. Iorfida: BARRISTERS AND SOLICITORS Broderick &Partners LLP Effective legal service in Niagara since 1951. Re: Northwest Sanitary Service Area (Club Italia) Proposed Pumping Station /Forcemain and Sanitary Sewers Front End Cost Sharing Proposal We have been asked by the Directors of Club Italia to investigate the opportunity to advance the construction of the approved pumping station and forcemain identified in the City's Municipal Class Environmental Assessment (EA) documents filed in March of 2003. While Club Italia understands the uncertainty associated with the proposed Urban Area Boundary expansion request, we believe that there is merit to commencing this project in order to address our short term operational issues and the City's long term health risks identified in the EA documents. To this end, we are requesting your consideration to enter into negotiations, which will result in a formal agreement setting out terms that address a number of issues including but not limited to; Capital cost of construction Ownership and operation Cost recovery from benefitting properties Access to Super Build funding Phasing of the Works Repayment Schedule While these discussions are preliminary at this time, we expect to be in a position to proceed this Summer and would appreciate your assistance to get Council's direction for your staff to assist in the preparation of the necessary documents, approvals and agreements. We thank you for your assistance and cooperation. Yours very truly, IMG:ays cc Ed Dujlovic, Executive Director of Community Services Geoff Holman, Director of Municipal Works Mr. Geppino Calabrese Mr. Joe Maggiolo Corporate Services Department Clerk's Division Inter Department Memorandum FROM: Dean Iorfida City Clerk Ext. 4271 Niagalraaalls TO: His Worship Mayor Ted Salci DATE: February 9, 2009 Members of Council RE: Blue Box Program Review Waste Diversion Act Review Councillor Wing e- mailed the writer before Christmas indicating she felt Council should support the positions of A.M.O. on the two issues noted above. The deadline for comments on Minister Gerretsen's discussion paper on the Waste Diversion Act has been extended to April 1, 2009. A copy of the paper is accessible at: http: /www.ene.gov. on.ca/envision/land /wda/wda -zero WastePaper.pdf Staff will review the discussion paper and prepare a position for Council to consider prior to the deadline. With regard to the Blue Box program, staff has had a quick review and is recommending support of the AMO position. RECOMMENDATION: Council support AMO's position on the Blue Box program and that staff review the Minister of Environment's Discussion Paper on waste diversion and recommend a position to Council prior to the April 1 deadline for comments. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development 200 University Ave, Suite 801 Toronto, ON M511 3C6 Tel.: (416) 971 -9856 j Fax: (416) 971,6191 E -mail: amo@amo.on.ca MEMBER COMMUNICATION ALERT N° 09 /002 To the attention of the Clerk and Council January 20, 2009 Background: Action: FOR MORE INFORMATION CONTACT: Milena Avramovic AMO Senior Policy Advisor (416) 971 -9856 ext 342 Minister Extends Consultation Period on the Waste Diversion Act Review to April 1, 2009 Issue: The consultation period for the Waste Diversion Act discussion paper is extended to April 1, 2009. On October 16, 2008, Environment Minister John Gerretsen released a discussion paper titled Toward A Zero Waste Future Review of Ontario's Waste Diversion Act. The purpose of the paper is to solicit feedback on the legislation, the program experience associated with the Act, and a new approach to waste diversion in Ontario. The deadline for submitting comments has been extended to April 1, 2009. Please see AMO Alert #08/064 dated December 19, 2008. Thank you to those municipalities that have submitted their comments in support of the AMO position by the 15 of January. For those that have not had the opportunity to respond, please submit your resolutions by April 1, 2009. That your municipality advise the Minister of the Environment supporting the AMO position on the WDA by April 1, 2009. Resolutions supporting AMO position should be forwarded to the Minister at the following address: Hon. John Gerretsen Minister of the Environment 12th Floor 135 St Clair Avenue West Toronto, ON M4V1 P5 This information is available in the Policy Issues section of the AMO website at www. amo.on. ca. 1 -1 Association of ®t Municipalities of Ontario Ak As5utialion of Mtmk4a kt at Ontario MEMBER COMMUNICATION To the attention of the Clerk and Council December 19, 2008 For responses to BBPP Only: Andy Pollock Vice Chair Waste Diversion Ontario 45 Sheppard Avenue East Suite 920 Toronto, ON M2N 5W9 200 University Ave, Suite 801 Toronto, ON M51-I 3C6 Tel.: (416) 971 -9856 I Fax: (416) 971 -6191 E -mail: amc@amo.on.ca ALERT N 08/064 FOR MORE INFORMATION CONTACT: Milena Avramovic, Senior Policy Advisor, AMO (416) 971 -9856 ext 342 We Need Your Support of the AMO position on the Waste Diversion Act and the Blue Box Program Plan Review Issue: As we advised in November, the Minister of the Environment launched a discussion paper to officially begin the five year review of the Waste Diversion Act (WDA). He also directed Waste Diversion Ontario (WDO) to conduct a review of the Blue Box Program Plan (BBPP). AMO has submitted responses to both of these requests. AMO needs your written comments to the Minister in support of both these positions. Hon. John Gerretsen Minister of the Environment 12 Floor 135 St. Clair Avenue West Toronto, ON M4V 1P5 Association of A 1 -1 Municipalities of Ontario 6c� Background: The Ministry of the Environment is looking for feedback on the challenges associated with Ontario's waste diversion framework, the programs under it, and the proposed plan for moving forward. A number of consultation sessions have been held across the province and now the Ministry is looking for written submissions. AMO through its Waste Task Force, has developed responses to both of these reviews which are attached (please click here). You will note that both of the letters reflect very closely the position papers developed by AMO and supported by you, our members. The responses highlight municipal challenges and perspectives and will help shape any recommended changes to the WDA, the BBPP and the strategic waste management directions. We need you to advise the M inister and the WDO of the Environment in writing that you support these positions. Action: That your municipality supports the attached AMO positions with correspondence to the M inister of the Environment by January 15, 2009 for the WDA and by February 27, 2009 for the BBPP. For responses to WDA, BBPP: Hon. John Gerretsen Minister of the Environment 12th Floor 135 St Clair Avenue West Toronto ON M4V1P5 Aseoci«akj,, gfMunicijaii December 19, 2008 Hon. John Gerretsen Minister of the Environment 12th Floor 135 St Clair Ave W Toronto ON M4V1P5 Andrew Pollock Vice -Chair Waste Diversion Ontario 45 Sheppard Avenue Suite 920 Toronto, ON M2N 5W9 Dear Minister Gerretsen and M r. Pollock: Association of Municipalities of Ontario OFFICE OF THE PRESIDENT Re: Review of the Blue Box Program Plan This is in response to the Blue Box Program Plan Review recently directed by the Minister of the Environment. While the current Blue Box Program has been successful, it has become obvious to those in the business that recycling alone is not enough. Ontarians are throwing out as much waste today, perhaps more than at the time the Blue Box was first implemented some 20 years ago. Over this 20 year period it was the property taxpayers of this Province who have paid for all of the disposal costs of this waste, and most of the recycling cost. It is time to for this practice to stop Most companies that make the printed paper and packaging material that are collected in the Blue Box do not think of recycling and disposal during the design stage of their product as they pay only a small fraction of the actual cost of managing it. When companies have full responsibility for the costs of managing their product at the end of the lifecycle, we will get products that are designed better for the environment and cost less to manage when we are done using them The Association of Municipalities of Ontario (AMO) and the Municipal Waste Association (MWA), formerly known as AMRC, supports the shifting of full responsibility for all activities related to managing discarded consum er packaging and printed paper to the stewards responsible for producing this packaging. This Extended Producer Responsibility (EPR) framework will provide the incentive for stewards to examine and implement new design into their products to reduce the amount of the material in the first place, to enable reuse, to design with recyclability in mind and to design it in a way that it will be cost effective. This is not an unusual concept to most of the stewards to the Ontario Blue Box program as EPR programs exist in other Provinces of Canada and other countries in the world where these stewards market printed paper and pack aging. AMO and MWA prepared the "AMO and AM RC Discussion Paper for an Alternative Approach to Ontario's Blue Box Funding Model" a position paper which has been submitted to the Minister and strongly advocates for full Extended Producer Responsi bility on all costs associated with the management of all post consumer packaging and printed paper. It recommends among other things, an expanded list of designated Blue Box materials to include all post consumer packaging and printed paper. It advocates that all costs associated with the management of this material be 200 University Ave., Suite 801 Toronto ON M5H 3C6 Canada! E -mail: among amo.on.ca www.amo.on.ca Tel: (416) 971 -98561 Fax: (416) 971-61911 Toll -free in Ontario: 1- 877 -426 -6527 2 paid by the stewards including any costs associated with the management of the litter and garbage stream (energy recovery and landfill). It advocates for incentives and penalties, defining and enforcing recovery targets, management of problematic materials and promotion and education strategies. The transition to a full EPR program, whereby the responsibility for managing consumer packaging and printed paper in the residential waste stream transfers from municipalities to industry, will involve some major policy changes that will need to be implemented, AMO and M WA believe it can be done in 3 years. Some recommended policy changes would include: Introducing a new regulation requiring the Industry Funding Organization to implement a Province -wide blue box recycling program that provides the same level of service currently provided to the residents of Ontario, or better. This may include curbside collection, m ulti- residential collection and public space recycling programs. Other mechanisms may be introduced, i.e., deposit- return; depot; return to vendor; etc. that would augment existing recycling programs. The key to remember is the level of service to the resident, whatever the approach(s) chosen the service needs to be equal to w hat is currently available or better to ensure an increase in th e rate of participation and to ensure resident satisfaction. The new regulation will need to establish clear service standards with respect to service frequency, local promotion and education activity and financial penalties for poor performance to ensure existing collection service standards are maintained. It is imperative that Province wide promotion and education activities in support of program performance be central to any plan. In addition, financial incentives need to be provided to municipalities for local promotion and education in support of the program in much the same manner as has been implemented with the Municipal Hazardous and Special Waste Plan (MHSW). It is also imperative that annual auditing and monitoring of all systems be undertaken to document all stages of the management of the material the reduction and reuse but also disposal. Reducing the materials from disposal is as much a key in diverting this resource as it is in the reduction of this material in the design stages of its development. Change the definition of Blue Box Waste in Regulation 101/94 to include all consumer packaging and printed paper. Establish a short -term timeframe of three years by which time all consumer packaging and printed paper must be accepted in residential recycling programs, with strict recycling targets for each type of packaging and printed paper product. Although we support the shifting of responsibilities and costs to the stewards, we believe that there is a role for municipalities. Municipalities will continue to collect garbage, source separated organics and yard waste material at the curb and have the expertise and associated infrastructure to support recycling collection activities (e.g. complaint response system, mapping for routing, etc.). In many municipalities, recyclables are being co- collected with other materials. We therefore support the concept of municipalities having the opportunity to negotiate or bid on the delivery of all services and especially on the collection of recyclables. This too is nothing new as municipalities will have the opportunity to enter into contractual arrangements with OES to delivery the WEEE program at a set fee. 3 During the 3 year transition period in which industry is adjusting the Blue Box system to accommodate all consumer packaging and printed paper, all municipal costs of managing non recyclable packaging in the municipal waste and litter stream needs to be compensated at 100 After the transition period expires, municipalities would be responsible for managing any Blue Box Waste remaining in the municipal waste stream. This speaks to municipalities using existing tools under the Municipal Act to limit garbage bags and pushing BB material out of the disposal stream and into reuse and recycling. The amount of the material in the garbage is expected to reduce as quickly as municipalities implement those tools. In this recommended approach the municipal role would be one of fee for service for those municipalities that would voluntarily wish to continue with the delivery of recycling collection (as is the case with WEEE). Stewardship Fees Steward fees will need to reflect the actual cost of managing the consumer packaging and printed paper that is recycled, ends up as litter or is disposed of in municipal garbage collection systems. What needs to be rem embered is the absolute fundamental requirement to implement a Provincial Hierarchy Policy or Chain that management of these materials must take. We need to be cognizant of the fact that the disposal of consumer packaging and printed paper is often less expensive than managing the material in the 3R's hierarchy. Accordingly, there needs to be incentives and penalties built into the fee structure using the Hierarchy as a basis for the formula. In other words, those redesigning the product to be more reusable or easily recyclable should be rewarded while those producing difficult materials to recycle or producing materials for disposal should be penaliz ed with higher fees. Practically speaking this must result in increased fees to cover the full cost of managing consumer packaging and printed paper. Specifically the formula will need to shift more costs from better performing to poorer performing materials, reward materials that achieve material specific recycling targets (and penalize those that don't) and credit stewards that incorporate recycled content in their products and packaging. Any company or sector that currently exists, or a new one that chooses to implement an alternative recovery system (e.g. deposit- return), should remain an obligated steward to pay for the costs associated with managing any of their consumer packaging or printed paper that is still being managed by another system i.e. curbside /multi residential /public space recycling system or disposal. Environmentally Responsible Management AMO and MWA supports the following mechanisms being added to the Blue Box Program Plan to ensure environmentally responsible management of Blue Box material: vendor qualification standards for collection contractors, processing facilities and end markets investment in processing technology to reduce cross contamination of collected material investment in Ontario -based material converters and end markets to expand capacity (particularly for hard to recycle plastic packaging) and to more effectively manage contamination levels in material collected in multi material recycling programs. Additional Blue Box Waste AMO and MWA supports redefining Blue Box Waste as "all consumer packaging and printed paper" including primary, secondary, tertiary and in -store packaging that is conceived to be di stributed to household consumers. Other types of residential waste, such as furniture, toys, dishware, tools, clothing, mattresses, diapers, etc. should be the subject of separate Waste Diversion Plans under the WDA. Blue Box Waste Collected Outside the Blue Box AMO and MWA's position is that all consumer packaging and printer pa per should be recyclable and included in the curbside /multi residential /public space recycling system, or alternative recovery systems fully funded and operated by industry. Municipalities should be reimbursed for 100% of the cost of managing consumer packaging and printed paper in t he waste and litter streams. It is recognized that municipalities need to commit to use the tools at their disposal to li mit the amount of garbage and force post consumer packaging and printed paper into the Blue Box stream. Program Performance ALL Post Consumer Products and Printed Paper to be collected in all municipal programs. Each material type needs a robust to rget for reducing, reusing and finally recycling. It needs to be reviewed and a new target for every year of a 5 year plan. The Plan should also reviewed every 3 years and new targets set. Severe penalties for those materials not meeting the targets or those products that have not changed to be com pliant with the Hierarchy must be implemented and acted upon by the Government. This could include the direction for the establishment of a product specific system. Industry must be fully responsible for the management and cost of the program for all communities in Ontario. All communities in the Province must have access to recycling that is equal or better than the existing program. Industry should investigate how /where to consolidate materials in outlying communities before shipping to market that does not place undue hardships on the communities. Cost of freight from northern /isolated com munities must be covered. As stewards assume full responsibility for recycling, efforts to increase efficiency of the program should be undertaken and should include harmonization of materials, transportation, deposit- return; return to vendor; compost; etc. Promotion Education programs conducted at the Provincial level need to provide a consistent and comprehensive level of service. To reach the resident at the community level, adequate industry funded financial incentives need to be provided to m unicipalities in order that they may target specific curbside collection requirem ents. Problematic Wastes 1. A Packaging Review Panel (and/or a set of standards for packaging or products using E PR principles) should be struck, that will develop an Ontario logo sy stem for identifying how the material is to be handled at the end of its life, whether that be through deposit- return, return to vendor, Blue Box, compost, etc. Municipalities should be compensated to continue with community level promotion and education programs, particularly as it relates to the blue box materials to divert them from disposal and into the blue box. ICI Wastes Yours sincerely, Peter Hume President cc: 5 2. There is a need for a standard review of any new packaging or product coming onto the market. This should also be used on any product already in the market place, particularly those currently identified as difficult materials. The producer /packager should have to go through a process that is similar in scope to the Environmental Assessment (EA), showing the alternatives considered. If the material is not recyclable, it should not be allowed into the marketplace. If the material does not fit into the Blue Box, or can't be readily processed with existing infrastructure (must be able to be processed w ith a lowest common denominator MRF), it should be handled i n a different way at that producers full cost. Any cost of the standard review to be borne by the steward. 3. Through continuous improvement, any material not reaching the Program target must be financially penalized. The penalty can also include the expulsion of the problem material from a Program and direction to the steward to set up an alternative method of managing this material. 4. Stewards are to be responsible for the province -wide consistent and continuous and robust Promotion and Education. 1. The IC &I sector needs their own BBPP with ground rules and oversight set by the government. Special attention needs to be given to the multi family residential and the BIA's where they are currently part of the municipal BB system. 2. The IC &I sector represents significant volume and tonnage of materials and could conceivably add an additional two times what the residential sector is currently processing. This could mean significant ramifications on existing processing c apacity and markets.. 3. Continual enforcement of Regulations, especially on waste audits and waste reduction work plans as required by Regulation 102/94. 4. Ministry to create incentives for the IC &I sector to recycle and for the private sector waste management companies to participate. 5. Identify end markets and develop a phased in ap proach to ensure that en d markets are growing at comparable rates. Focus on material to be recycled; recycled content; and, market development. Hon. John Gerretsen, M inister of the Environment Jamie MacDonald, Senior Special Adviser, Policy, Ministry of the Environment John Vidan, Director, Waste Mgmt. Policy Branch, Ministry of the Environment February 9, 2009 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: CD- 2009 -02 Marriage Information RECOMMENDATION: For the information of Council. BACKGROUND: Niagara,Falls CANADA Late last year Council received an e-mail from Reverend Derek Rymarchuk proposing that the City develop a referral list of Ministers, who perform marriage licences in Niagara Falls. Reverend Rymarchuk was concerned that the current lists that Clerks, such as Information Niagara contain officials from outside of Niagara Falls. The City of Niagara Falls issues approximately 1100 marriage licence applications per year. Due to our community's reputation as the "Honeymoon Capital of the World there is a well established matrimonial industry in the community. The majority of couples who apply for marriage licences through the City of Niagara Falls Clerks Office have planned the details of their nuptials, including the location and official. It is on very rare occasions that a couple will come to our office and not have already arranged an official. In those cases, the couple are inevitably wanting to get married in Niagara Falls and very unlikely to seek a Minister from outside of the City. Prior to becoming the Clerk, this writer received concerns that staff was making referrals to specific officials or wedding providers over others in the community. The writer found no evidence of this but instituted an internal practice that staff would refer individuals to an independent list such as Information Niagara, Niagara Falls Tourism or the yellow pages of the phone book. The only exception when staff made referrals to specific officials was when same sex marriages were first instituted and very few officials performed those marriages. CD- 2009 -02 Falls 0N`Canada L2E6X59053567521 www:nia.arafalls.ca Corporate Services Department Clerks Ext 4271 Fax 905- 356 -9083 d i o fi d a@ n i a g a ra fa l l s. ca February 9, 2009 Reverend Rymarchuk has taken the time to compile a list of local officials. His list is arguably more thorough, at least locally, than some of the other lists available. Staff will provide hyperlinks to his list, Information Niagara's website and Niagara Falls Tourism on our Marriage FAQ page of the City's website. A proviso on the website would indicate that the links are provided for convenience and the municipality does not endorse one business over another. Reverend Rymarchuk has suggested the municipality could charge a fee for maintaining the list. In light of the fact that he has provided the initial list, updates will require minimal staff time, so a fee is probably not necessary. Also, the City does not charge for a business to list on our Business Directory of our website. It is a public service. CONCLUSION: It is not appropriate for City staff to recommend a specific business or marriage official to the public. As a result, staff often direct public inquiries to external sources, such as Information Niagara, Chamber of Commerce, Niagara Falls Tourism and the yellow pages. A link to local ministers will be provided on our Marriage page of our website with some other external links for the public's convenience. Also, the local matrimonial industry may want to consider forming an association like the local Bed Breakfasts have done advertising their services. Recommended by: Approved by: 2 CD- 2009 -02 7C K. E. Burden, Executive Director of Corporate Services October 16, 2008 Dear Dean, Mayor Ted Salci and Members of City Council: I hope this letter finds you well! The purpose of my letter today is to propose that we as a city develop a referral list of ministers that could be given to all brides and grooms upon buying their license here at city hall. Currently, there is no referral system in place, and as such, when couples contact the Information Centre or Niagara Tourism (with the number given to them by the city), they are given names of ministers and chapels as far away as Hamilton! It is my opinion that of the 15 or so wedding service providers here in our city, we can sufficiently and effectively service the couples that are coming to our city. There is no need for us to `out source' this service. Let's keep the jobs /money in our own city. Here is what I recommend: 1. Contact all ministers /chapels /coordinators in the city that are registered, legitimate business (they MUST be in Niagara Falls). 2. Ask them to provide their full business name, contact person, phone number, address, website, email information and location 3. Do up a list in ALPHABETICAL order so as to not give preference to any company 4. Charge a yearly $50 adm. Fee that would pay for the cost of making the list and photocopying it so that it can be given to each couple who purchases a license at our city hall. This way, there is absolutely no financial burden to the city Each listing will cost this much, even if a person is listed twice. (I.E. Chapel, Coordinator, Minister, Ministry, etc...). 5. Make a disclaimer on the list which clearly states that these companies are ones who willingly and on their own contacted city hall, and that you as a city are not responsible in any way for the service they may /may not provide. 6. If someone new comes and wishes to be added to the list, mention that the list is only updated every 6 months....this will cut clown on the cost of having to update the list on a continual basis. As a favor to you, I have enclosed as an attachment a list of all wedding service providers in Niagara Falls. This list includes myself as well as all of my competitors, to the best of my knowledge. This list in NOT in alphabetical order. If there is an oversight on this list, I sincerely apologize. Feel free to contact these companies on your own to 1 /make sure they are still in business and 2 /to have them update their business information as mentioned in point number 2 of my recommendation above. Sincerely, Mme. .e% The Wedding Company of Niagara Ministers, Chapels and Coordinators in Niagara Falls (Alphabetical Order) Abba Ministries Niagara Attn: Rev. Derek A. Rymarchuk Address: 6053 Franklin Ave. Niagara Falls, ON. L2G 4Z1 Phone: 905- 371 -3695 Toll Free: 1- 877 641 -3111 Website: www.weddingcompanyniagara.com Email. weddings @cogeco.ca Cathedral Wedding Services Attn: Rev. Don Mullan Address: 6190 Barker St. Niagara Falls, ON. Phone: 905- 354 -2329 Toll Free: 1- 877 676 -5817 Website: www.niagarafallsweddings.com Email: unavailable Embassy Suites Fallsview Weddings Attn: Pam Underhill Address: 6700 Fallsview Blvd. Niagara Falls, ON. L2G 3W6 Phone: 905- 356 -3600 Toll Free: 1- 800 420 -6980 Website: www.embassysuitesniagara.com Email: punderhill@a,fallsviewgroup.com Fallsview Casino Resort Chapel Attn: Laureen Damignani Address: 6380 Fallsview Blvd. Niagara Falls, ON. L2G 7X5 Phone: 905- 371 -7592 Toll Free: 1- 888 Fallsview- Ext. 17592 Website: www.FallsviewCasinoResort.com Email: LDamignani @n,Fa11sviewCasinOResort.com Marriott Fallsview Wedding Chapel Attn: Michelle Pagonis Address: 6740 Fallsview Blvd. L2G 3W6 Niagara Falls, ON. Phone: 905 358 -4052 Toll Free: 1- 800 -501 -8916 Website: www.NiagaraFallsMarriott.com Email: mpagonis@a,niagara21stgroup.com Minolta Tower Centre Attn: Jane Widdicombe Address: 6732 Fallsview Blvd. Niagara Falls, ON. L2G 3W6 Phone: 905- 356 -1501 Toll Free: 1- 866 325 -5785 Website: www .niagara- fallsview weddings.com Email: info nagara- fallsview- weddings.com Niagara Falls Wedding World Attn: Rev. Peter Goodrich Address: 7701 Lundys Lane Niagara Falls, ON. L2H 1H3 Phone: 905- 357 -0266 Toll Free: 1- 800 463 -0884 Website: www .niagarafallsweddingworld.com Email: lwc @cogeco.net Niagara Weddings by Request Attn: Rev. Dr. Ken Smith /Rev. Rose Smith Address: 3272 Addison Ave. Niagara Falls, ON. L2J 3K9 Phone: 905- 356 -2048 Toll Free: None Listed Website: www.weddingrequest.ca Email: krsmith2 @cogeco.ca Niagara Weddings Canada Attn: Rev. Gary Sweetman Address: 5669 Main St. Niagara Falls, ON. L2G 5Z3 Phone: 905- 374 -3957 Toll Free: 1- 866 645 -1714 Website: www.niagaraweddingscanada.com Email: gary @niagaraweddingscanada.com Occasions in Niagara Attn: Patti Wallington Address: 5368 Menzie St. Niagara Falls, ON. L2E 2V8 Phone: 905- 357 -2109 Toll Free: 1- 877- 2VOW -I DO Website: www.occasionsniagara.com Email: weddings @occasionsniagara.com Romantic Weddings of Niagara Attn: Donna Harris Address: 6679 Jupiter Blvd. Niagara Falls, ON. L2J 3X3 Phone: 905- 358 -7176 Toll Free: 1- 888 358 -7176 Website: www .romanticweddingsofniagara.com Email info @romanticweddingsofniagara.com Two Become One Weddings in Niagara Attn: Revs. Andrew and Helen Smith Address• unavailable on internet and phone book Phone: 905- 353 -0799 Toll Free: 1- 866 222 -6631 Website: www. twobecomeoneweddingsinniagara .ca Email: unavailable on internet Two Hearts Wedding Chapel Attn: Rev. Karen. Hansen Address: 6045 Stanley Ave. Niagara Falls, ON. L2G 3Y3 Phone: 905- 371 -3204 Toll Free: 1- 866 251 -1115 Website: www.twoheartsweddings.com Email: weddings @twoheartsweddings.com Wedding Company of Niagara (Tire) Attn: Shelly Rymarchuk Address: 6130 Corwin Ave. Niagara Falls, ON. L2G 5L6 Phone: 905- 371 -3695 Toll Free: 1-877-641-3111 Website: www.weddingcompanyniagara.com Email: weddings @cogeco.net Organization Name(s) Located In Little Wedding Chapel on the Lane, The Niagara Falls Niagara Peninsula Conservation Authority, Ball's Falls Conservation Area Jordan The Centre for Conservation Occasions in Niagara Niagara Falls Pro Cathedral of St Luke, Christ Catholic Church International Niagara Falls Hamilton Reverends Marilyn and David Brown Society of Freethinkers, Niagara Region Niagara Region Two Hearts Wedding Chapel Niagara Falls Wayside Chapel Niagara- on -the- Lake Wedding Chapel of Divine Mercy Niagara Falls Wedding Company of Niagara, The Niagara Falls Welland Canal Mission to Sailors St Catharines White Wedding Chapel at the Inn Niagara Falls Search Results Niagara Community Information Database Search Results Search There are 12 record(s) that match your criteria. Click on the organization name to view the full details of the record Every effort is made to ensure that the information in this database is accurate, up -to -date, and comprehensive. We and our partners cannot assume liability resulting from errors or omissions. Inclusion or omission of a program or service is not a comment on its quality. Funding for this project is provided by the Government of Ontario, Ministry of Citizenship Volunteer @ction.online Program. The views and opinions expressed in this website do not necessarily reflect those of the Government of Ontario. Privacy Policy Brought to you by: Other Community Information Databases Available Online Other Volunteer Databases Available Online NI''ORMATION NIA A Ccrwect ng People anti http: /niagara .cioc.ca/results.asp ?SubjID =1337 n Page 1 of 1 This database runs on CIOC Software 1/27/2009 The City of St. Catharines City Departments City Clerk Human Resources Information Services St. Catharin.., ON e Partly cloud City Clerk: Marriage Licences Marriage licences are obtained from the City Clerk's office between the hours of 8:30 a.m. to 4 :00 p.m., Monday to Friday, for a fee of $1.00.00 (cash or debit card only). Prior to the Issuance of a marriage licence, an application must be completed by the Applicant and /or Joint Applicant. At least one party to the proposed marriage must apply In person. Applications can be taken home so that if only one applicant is applying for the licence, the other party can complete and sign their side of the application. When the applicant returns with the completed application, Tt Q pieces of identification must be presented by ALL applicants applying for the marriage licence. An ORIGINAL BIRTH CERTIFICATE (with any change of name certificate, if applicable) or a Record of Immigration or a Canadian Citizenship card PLUS VALID GOVERNMENT PHOTO IDENTIFICATION in the form of a current passport or driver's licence. The identificaiton documents must be presented for both parties regardless of whether both parties are present. ONLY ORIGINAL VALID IDENTIFICATION DOCUMENTS WILL BE ACCEPTABLE. Applicants granted a divorce within Canada, must provide the original or court- certified copy of the Decree Absolute or Certificate of Divorce dissolving or annulling the marriage to the Clerk's office. Individuals can obtain a certified copy of their divorce decree or certificate from the Court House In the Municipality where the divorce was granted. The St. Catharines Provincial Court House is located at 59 Church Street. Applicants divorced outside Canada must follow a different procedure to ensure their divorce is recognized in this Country. These requirements should be obtained from the Clerk's office directly. Sixteen and seventeen year old applicants require both parents' consent. Please request a Form 6 from the Issuer of marriage licences. There are no residency, medical or citizenship requirements to obtain a marriage licence. A Marriage Licence Is valid for use anywhere in Ontario for a period of three (3) months from the date of Issuance. Marriage ceremonies are not performed at City Hall. The following Is a list of clergyman (non denominational) authorized by the Province of Ontario to perform marriage ceremonies within the Niagara Region: The Little Wedding Chapel 7701 Lundy 's Lane Niagara Falls, Ontario 905-357 -0266 Reverend Hans Gruppe 5073 Edelhelm Rd. Beamsville, Ontario Tel /Fax 905 563 -6863 Rev. Ken Smith 3272 Addison Avenue Niagara Falls, Ontario 905-356 -2048 Reverend Marilyn Brown and Reverend David Brown 905 -318 -6733 Bishop Deborah Vaughan, Holy Angels Ministry 172 Gate St N.O.T.L 905 -468- 9502/1- 877 -778- 7755 Reverend Karen Hansen Niagara Falls Weddings Two Hearts Wedding Chapel 905- 371 -3204 City Clerk's Division Agendas and Minutes Birth /Death Registrations Page 1 of 2 Business Licenses BizPal Permits and Licences By -laws Commissioner of Oath Services Crossing Guards Delegations Dog Licensing Elections Fence Disputes Forms Freedom of Information Market Operations Leasing Marriage Licenses http: /www.stcatharines.ca/ cityservices citydepartments /corpsupportsves /clerk marriage.asp 1/27/2009 February 9, 2009 FS- 2009 -01 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: FS- 2009 -01 Fire Safety Boxes RECOMMENDATION: Niagaraj7alls CANADA That Council approve the report initiating a by -law requiring the installation and maintenance of Fire Safety Boxes in the City of Niagara Falls. BACKGROUND: The Ontario Fire Code requires the preparation and approval of fire safety plans for a number of different occupancies in the Province of Ontario. The fire safety plan is used by firefighters to assist in the mitigation of fire emergencies in these buildings. The installation and maintenance of Fire Safety Boxes will result in a standard and consistent location for the storing of fire safety plans in all buildings. The Fire Safety Box will similarly be used to store keys required by fire service personnel in the mitigation of an emergency in the respective building. A number of municipalities in the Province of Ontario have already enacted similar by -laws requiring the installation and maintenance of Fire Safety Boxes, including Toronto, Mississauga and Oshawa. The average cost of a Fire Safety Box is approximately $90.00. In efforts to mitigate emergencies as efficiently and effectively as possible, it is appropriate to mandate a consistent and standard method of storing fire safety plans for the use of fire suppression personnel in buildings in our city. Every person who is required under the Ontario Fire Code to prepare and implement a fire safety plan will be required to install and maintain, on his or her premises, either a fire safety box or a fire safety box and a lock, or existing lock. The fire safety box will be required to be securely mounted to an interior wall in the main entrance of the premises. 439,2ueen r(L. Box 1023 Niagara Falls ON Eanad L2E 6X5 `905 3567521 www. n i agarafalls.ca Working Together to Serve Our Community Fire Services February 9, 2009 2 FS- 2009 -01 The fire safety box will be required to contain the following items: a) a copy of the approved fire safety plan; b) keys to the service rooms, unless there is an existing lock box; and c) an unblocked replacement padlock capable of locking the fire safety box. Individuals required to install a fire safety box will be notified of the requirement when their fire safety plan is submitted for approval by the Chief Fire Official. Individuals that have an approved fire safety plan currently implemented for their building will be notified of this requirement when a member of the fire service has cause to attend the building. The fire service will permit the owner thirty (30) days to make arrangements to have the fire safety box installed. Recommended by: Respectfully submitted: J. Jessop:tc Lee Smith, outief V Ken Burden, Exectlf`ive Director of Corporate Services February 9,2008 R- 2009 -03 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: NiagaraJalls CANADA Re: R- 2009 -03 2009 Cemetery Fees RECOMMENDATION: 1. That the 2009 Cemetery Fees be approved effective March 1, 2009. 2. That the 2009 Cemetery Fee. Schedule be forwarded to the Ministry of Consumer and Commercial Relations, Cemeteries Branch, for review and approval. BACKGROUND: The major source of revenue for the cemeteries operated by the City of Niagara Falls is derived from the sale of graves and burial rights, and the annual interest from the `care and maintenance fund'. The City cemeteries include Fairview (77 acres), Lundy's Lane(16 acres), Stamford Presbyterian (2 acres), Drummond Hill (4 acres) and Stamford Green Columbaria, in addition to sixteen semi active and abandoned cemeteries (2.65 acres collectively). Overall, the costs to operate the cemeteries are heavily subsidized by the tax payer annually. The estimated subsidy, as included in the 2009 General Purposes Budget is approximately $900,000. In reviewing the recommended annual cemetery rates, a comparison with other municipal cemetery fees was undertaken. The last comprehensive survey was completed at the end of November 2007. It included approximately twelve (12) municipal cemeteries within the Niagara Region and a number of municipal cemeteries outside the region including Oakville, Owen Sound and Chatham Kent. The recommended 2009 fee schedule includes an approximate increase of 3% on all lot sales and surcharges. A 10% increase is recommended for the 'Opening and Closing' rates of Adult Full Body, Cremation and Columbarium interments given these fees are lower than the fees other cemeteries are charging. The proposed increase for openings and closings is estimated, based on approximately 315 burials per year, to generate an increase in revenue of approximately $24,000 which is currently not included in the 2009 General Purposes Budget a w ,7150IVtontrose Road U it- a Falls ON Canada t2ii 3N3 9Q5t 356 7521 www magarafalls ca' Working Together to Serve Our Community Community Services Departmi Parks, Recreation Culture February 9, 2009 2 R- 2009 -03 Recommended by: Approved by: S:1Council\Council 20091R- 2009 -03 2009 Cemetery Fee Schedule.wpd Attachment 1u �1 M Deny le Morrissey, Aire or of Parks, Recreation Culture Ed Dujlovic, Exc?edtive Director Community Services RESIDENT INTERMENT RIGHTS (Lot Sales) CEMETERY FEE CARE MTNCE TRUST FEE TOTAL FEE 5% GST TOTAL CHARGE Adult Single Lot 582.00 388.00 970.00 48.50 1018.50 Preferred Adult Single Lot 642.00 428.00 1070.00 53.50 1123.50 Adult Two Lot Plot 1164.00 776.00 1940.00 97.00 2037.00 Preferred Adult Double Lot 1284.00 856.00 2140.00 107.00 2247.00 Adult Three Lot Plot 1746.00 1164.00 2910.00 145.50 3055.50 Adult Six Lot Plot 3492.00 2328.00 5820.00 291.00 6111.00 Child /Infant Single Lot (Fairview) 162.00 108.00 270.00 13.50 283.50 Stillborn Single Lot (Lundy's Lane) 126.00 84.00 210.00 10.50 220.50 Cremation Plot (Four Lots) 294.00 196.00 490.00 24.50 514.50 Preferred Cremain Plot 354.00 236.00 590.00 29.50 619.50 KESIUtN I IN 1 tKMtN I StKVI•ES (Burial Fees) CEMETE FEE PROVINCIAL FEE TOTAL FEE 5 %GST TOTAL CHARGE Adult Casket Burial 835.00 10.00 845.00 42.25 887.25 Child Casket Burial 345.00 10.00 355.00 17.75 372.75 Infant/Stillborn Casket Burial 220.00 10.00 230.00 11.50 241.50 Cremains Urn Burial 250.00 N/A 250.00 12.50 262.50 Cremains Scatter Burial (Fairview) 135.00 N/A 135.00 6.75 141.75 Cremains Urn Burial Double (Admin. Fee) 50.00 N/A 50.00 2.50 52.50 Interment Cancellation Casket 300.00 N/A 300.00 15.00 315.00 Interment Cancellation -Urn 125.00 N/A 125.00 6.25 131.25 One Time Care Mtnce Fee Per Lot (grave) 100.00 5.00 105.00 'NON- RESIDENT INTERMENT RIGHTS (Lot Sales) CEMETERY FEE CARE MTNCE TRUST FEE TOTAL FEE 5 %GST TOTAL CHARGE Adult Single Lot 873.00 582.00 1455.00 72.75 1527.75 Adult Two Lot Plot 1746.00 1164.00 2910.00 145.50 3055.50 Adult Three Lot Plot 2619.00 1746.00 4365.00 218.25 4583.25 Adult Six Lot Plot 5238.00 3492.00. 8730.00 436.50 9166.50 Child /Infant Single Lot (Fairview) 243.00 162.00 405.00 20.25 425.25 Stillborn Single Lot (Lundy's Lane) 189.00 126.00 315.00 15.75 330.75 Cremation Plot (Four Lots) 441.00 294.00 735.00 36.75 736.05 NON RESIDENT INTERMENT SERVICES (Burial Fees) CEMETERY FEE PROVINCIAL FEE TOTAL FEE 5 %GST TOTAL CHARGE Adult Casket Burial 1252.00 10.00 1262.00 63.10 1325.10 Child Casket Burial 517.00 10.00 527.00 26.35 553.35 Infant/Stillborn Burial 330.00 10.00 340.00 17.00 357.00 Cremains Urn Burial 375.00 N/A 375.00 18.75 393.75 Cremains Scatter Burial (Fairview) 202.00 N/A 202.00 10.10 212.10 Cremains Urn Burial Double (Admin. Fee) 50.00 N/A 50.00 2.50 52.50 Interment Cancellation Casket 450.00 N/A 450.00 22.50 472.50 Interment Cancellation Urn 187.00 N/A 187.00 9.35 196.35 PLEASE NOTE: 1) All Committal Service scheduling is at the approval of the Cemetery's Section based on location, weather, staff availability services requested by Funeral Directors per day 2) Monday to Friday Interment Services (except on statutory or City Holidays) may be scheduled between 10:00 a.m. 3) Saturday Services may be scheduled between 10:00 a.m. and 2:00 p.m. only 4) Sunday Statutory Holiday Interment Services may be scheduled between 11:00 a.m. 2:00 p.m. 5) A "Scheduled" Funeral Late Arrival other interment surcharges will apply as indicated in the Cemetry Fee Schedule Surcharges 6) Funeral late arrivals (arriving after the scheduled time) will be subject to an additional "Funeral Crew Standby" 7) Funeral Directors are responsible for advising families, in advance, of potential funeral late charges applicable One Time Care Maintenance Fee is charged for an interment (Full Body or Cremation) that takes place in a lot (grave) prior to 1955. the number 3:15 p.m. "Interment fee. surcharges. that was purchased of only. CITY OF NIAGARA FALLS PARKS, RECREATION CULTURE CEMETERIES FEE SCHEDULE Effective March 1, 2009 ADMINISTRATION SERVICES CEMETERY TOTAL FEE 5% GST CHARGE Interment Rights Transfer 50.00 2.50 52.50 Interment Rights Exchange 50.00 2.50 52.50 Interment Rights Replacement/Duplicate 25.00 1.25 26.25 Double Cremain Interment/Companion Urn 50.00 2.50 52.50 Cemetery Records Search (charge per hour) 25.00 /hr. 1.25 26.25 MEMORIAL PROGRAM Memorial Tree 300.00 315.00 Memorial Bench.with 3" x 6" plate installed on back of bench 1250.00 .15.00 62.50 1312.50 Memorial Bench with bronze plaque (8" x 10 stand 1600.00 80.00 1680.00 Memorial Marker Maple Grove Memory Lane (includes inscription) 350.00 17.50 367.50 INTERMENT.SURCHARGES Weekday Funeral Late Arrival Scheduled After 3:15p.m. 100.00 5.00 105.00 Funeral Crew Standby Weekdays Funeral procession arrives after scheduled time 30.00/ hr. 1.50 31.50 Saturday Casket Burial Arrival Before 2:00 p.m. 335.00 16.75 351.75 Sunday Holiday Casket Burial Arrival Before 2:00 p.m. 425.00 21.25 446.25 Saturday Cremains Burial Arrival Before 2:00 p.m. 175.00 8.75 183.75 Saturday Scatterin Burial Arrival Before 2:00 p.m. 90.00 4.50 94.50 Sunday /Holiday Cremains Burial Arrival Before 2:00 p.m. 280.00 14.00 294.00 Funeral Crew Standby Sat., Sun. Holidays Funeral procession arrives after scheduled time 40.00 1/4 hr. 2.00 42.00 Tent Rental (Child /Stillbom /Cremains Burials) 200:00 10.00 210.00 Tent_Rental Only (Saturdays /Sundays /Holidays) 400.00 20.00 420.00 Less Than 8 Working Hours Casket Burial Order 175.00 8.75 183.75 Less Than 8 Working Hours Cremains Burial Order 90.00 4.50 94.50 Lower Seal Concrete Vault/Liner Lid 40.00 2.00 42.00 Lower Concrete Vault/Liner Box 70.00 3.50 73:50 FOUNDATION /MARKER INSTALLATION SERVICES CEM. FEE 5% GST TOTAL CHARGE Concrete Foundation Per Cublic Foot Supply Install 19.00 0.95 19.95 Foundation Installation (Minimum Charge) 223.00 11.15 234.15 Pre -Pour Foundation (Section Q P Double Plots) 310.27 15.51 325.78 Foundation Removal 150.00 7.50 157.50 Veteran Upright Marker Setting 80.00 4.00 84.00 Small Flat Marker Setting Under 172 Square Inches 50.00 2.50 52.50 Large Flat Marker Setting Over 172 Square Inches 80.00 4.00 84.00 Corner Markers Setting (Per Set of 4) 45.00 2.25 47.25 MARKER CARE MAINTENANCE FEE CARE MTNCE. 5% GST TOTAL Flat Marker Over 172 Square Inches 50.00 2.50 52,50 Upright Marker Including Base Up To 4 Feet High /Long 100.00 5.00 105.00 Upright Marker Including Base Over 4 Feet High /Long 200.00 10.00 210.00 DIS- INTERMENT SERVICES CEM. FEE 5 %GST TOTAL Adult/Child Dis- interment Only' 900.00 45.00 945.00 Adult/Child Dis- interment Re- interment 1630.00 81.50 1711.50 Infant/Stillborn Dis- interment Only' 300.00 15.00 315.00 Infant/Stillborn Dis- interment Re- interment 500.00 25.00 525.00 Cremains Dis- interment Only* 150.00 7.50 157.50 Cremains Dis- interment Re- interment 350.00 17.50 367.50 Remains are removed from Municipal Cemetery PLEASE NOTE: 1) Dis- interments will take place on a day and at a time determined by the Manager of Cemeteries or designate. 2) Dis- interments may be scheduled from May 1st to November 1st only 3) Dis- interments not in a vault will be contracted out will be the responsibility of the Funeral Director 4) The Funeral Director is responsible for the scheduling all related costs of: casket/urn /vault removal vault/urn unsealing resealing Niagara Regional Health Unit RESIDENT -NICHE LEVELA G FEE TRUST FEE FEE 5 %GST CHARGE Single Niche 375.00 100.00 475.00 23.75 498.75 Double Niche 760.00 190.00 950.00 47.50 997.50 RESIDENT NICHE LEVEL B F Single Niche 480.00 120.00 600.00 30.00 630.00 Double Niche 880.00 220.00 1100.00 55.00 1155.00 NON RESIDENT NICHE LEVEL A G Single Niche 560.00 150.00 710.00 35.50 745.50 Double Niche 1140.00 285.00 1425.00 71.25 1496.25 NON RESIDENT NICHE LEVEL B F Single Niche 720.00 180.00 900.00 45.00 945.00 Double Niche 1320.00 330.00 1650.00 82.50 1732.50 COLUMBARIUM PRODUCTS CEMETERY FEE GST PST TOTAL GLASS Single Niche 35.00 1.75 2.80 39.55 GLASS Double Niche 60.00 3.00 4.80 67.80 BRONZE .Single Niche 440.00 22.00 35.20 497.20 BRONZE Double Niche 560.00 28.00 44.80 632.80 OPENING CLOSING CEMETERY FEE GST TOTAL RESIDENT Single lnurnment 150.00 7.50 157.50 NONRESIDENT Single lnurnment 225.00 11.25 236.25 Double Cremain lnumment/Campanion Urn' 50.00 2.50 52.50 CEMETERY CARE MINCE TOTAL TOTAL RESIDENT FEE TRUST_FEE FEE 5 %GST CHARGE Double Niche A F 800,00 200.00 1000.00 50.00 1050.00 Double Niche B E 880.00 220.00 1100.00 55.00 1155.00 Double Niche C D 1000.00 250.00 1250.00 62.50 1312.50 NON RESIDENT Double Niche A &F 1200,00 300.00 1500.00 75.00 1575.00 Double Niche B E 1320.00 330.00 1650.00 82.50 1732.50 Double Niche C D 1500.00 375.00 1875.00 93.75 1968.75 COLUM BARIUM PRODUCT Trillium Court CEMETERY FEE 5% GST 8% PST TOTAL Bronze Wreath includes inscription &installation 440.00 22.00 35.20 497.20 OPENING CLOSING CEMETERY FEE 5% GST TOTAL RESIDENT Single lnurnment 175.00 8.75 183.75 NONRESIDENT Single lnurnment 260.00 13.00 273.00 252.00 Double Cremain InurnmentfCampanion Um' 50.00 2.50 52.50 COLUMBARIUM FEES Effective March 1, 2008 STAMFORD GREEN HERITAGE COLUMBARIUM me ;me as the first and in the same urn FAIRVIEW CEMETERY MAPLE GROVE me time as the first and in the same urn CEMETERY C CARE &MTNCE T TOTAL T TOTAL CEMETERY CARE MINCE TOTAL TOTAL RESIDENT FEE TRUST_FEE FEE 5 %GST CHARGE Double Niche A F 800,00 200.00 1000.00 50.00 1050.00 Double Niche B E 880.00 220.00 1100.00 55.00 1155.00 Double Niche C D 1000.00 250.00 1250.00 62.50 1312.50 NON RESIDENT Double Niche A &F 1200,00 300.00 1500.00 75.00 1575.00 Double Niche B E 1320.00 330.00 1650.00 82.50 1732.50 Double Niche C D 1500.00 375.00 1875.00 93.75 1968.75 COLUM BARIUM PRODUCT Trillium Court CEMETERY FEE 5% GST 8% PST TOTAL Bronze Wreath includes inscription &installation 440.00 22.00 35.20 497.20 OPENING CLOSING CEMETERY FEE 5% GST TOTAL RESIDENT Single lnurnment 175.00 8.75 183.75 NONRESIDENT Single lnurnment 260.00 13.00 273.00 252.00 Double Cremain InurnmentfCampanion Um' 50.00 2.50 52.50 COLUMBARIUM FEES Effective March 1, 2008 STAMFORD GREEN HERITAGE COLUMBARIUM me ;me as the first and in the same urn FAIRVIEW CEMETERY MAPLE GROVE me time as the first and in the same urn COLUMBARIUM FEES Effective March 1, 2008 STAMFORD GREEN HERITAGE COLUMBARIUM me ;me as the first and in the same urn FAIRVIEW CEMETERY MAPLE GROVE me time as the first and in the same urn February 9, 2009 PD- 2009 -11 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Niagaraj'alls C A N A D A Re: PD- 2009 -11 CB &FIG 2008 -021, Facade Improvement Grant Application 1609602 Ontario Inc. (Allan Wi!lick) 4616 -4618 Erie Avenue 1. That Council approve the above noted application for a Facade Improvement Grant in the amount of $10,000 subject to meeting the program requirements including the entering into an agreement with the City. 2. That if Council approves the application, that the Mayor and Clerk be authorized to execute the grant agreement for the facade improvement. The City has received a Facade Improvement Grant Application for 4616 -4618 Erie Avenue. The main floor of the building is vacant and has not been occupied for a number of years. The second level has been renovated and is rented out as an apartment. The owner is seeking financial assistance for the proposed facade improvements. The improvements include replacing doors and windows, adding new architectural features including decorative molding across the top of the building and decorative window sills and signage. The owner will clean and repair the brick front and maintain the historical feel and character of the building. The improvements will enhance the appearance of the building and satisfy the Urban Design Guidelines for the Downtown. A location map of the property is shown in Appendix 1 and the proposed facade of the building is shown in Appendix 2. Under the Downtown CIP Financial Incentive Programs, the Facade Improvement component provides for a maximum $10,000 matching grant for eligible facade improvements. The proponent has submitted two cost estimates for the facade improvements in the range of $32,000 to $34,000. If the grant application is approved, the applicant will be required to enter into an agreement with the City. The ag"r"eement will specify the details for the grant which will be provided once the work is c® pleted and inspected by staff. The Building Division has 310,Queen Street PO O %.1 Magat a Falls ON Can ada L2E iS XS 905 3.5 www;nla g ard a IIs.ca. a» �c.. .S;s'�„-��<t.� 023 �:"5fi�� ...erv. .e s....v .�.�.r- Working Together to Serve Our Community Community Services Department Planning Development February 9, 2009 2 PD- 2009 -11 advised that there is no requirement for a building permit. The taxes are paid and up to date. The proposed commercial use of the main floor and residential use on the second floor complies with the City's Zoning By -law No. 79 -200. CONCLUSION: The proposed facade improvements will satisfy the Downtown Urban Design Guidelines and enhance the appearance of the current facade of the building. Staff supports the approval of the application. Recommended by: Approved by: B.Bolibruck Attach. I Alex Herlovitch, Director of Planning Development Ed Dujlovic, Executive Director of Community Services S:\PDR\2009 \PD- 2009 -11, CB &FIG- 2008 -021, Willick, 4616 -4618 Erie Avenue.wpd 11=11 -1 81111__ _nn.. S SCHEDULES �ummaamr�am.. �.mi Q 0 O N011038 SS0210 'OM 01.V.LNO t096091. :;bk •w_ a_ m# WM oar. 2 12 Ulf @SO e< 2 1.1.1 0 4 February 9, 2009 MW- 2009 -04 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: NiagaraJalls CANADA Re: MW- 2009 -04 Robinson Street CuI de Sac /Jolley Cut RECOMMENDATION: That the City support the licensing of the Robinson Street cul -de -sac, subject to the necessary plans as requested being prepared and meetings with the neighbouring property owners. BACKGROUND: In 2008 Mr. Michael DiCienzo of Canadian Niagara Hotels approached City staff as they had an interest in using the Robinson Street cul -de -sac in conjunction with the development of their property. City staff was supportive in, principle, subject to a number of conditions. It is staff' preference that a licence agreement would be entered into and that there would be an appropriate level of compensation to the City whether it be community benefits of a physical, financial or material nature. Staff's main consideration would involve enhancements to /maintenance of the Jolley Cut. In order to move Mr. DiCienzo's request forward the City requested that a landscape plan be prepared to conceptual show the following; The full extent of the area involved from the start of the cul -de -sac to the bottom of the Jolley Cut in Queen Victoria Park. Access points from cul -de -sac to Canadian Niagara Hotel property and any other properties. Improvements to the cul -de -sac showing the planned canopy feature, decorative surface treatment of the cul -de -sac, lighting in the central art or water feature. A three meter wide decorative public pedestrian sidewalk along the north side of the cul -de -sac connecting the Jolley Cut with appropriate directional signage. a a•1s` m "�,y T 10QueenStreet POEBoxw1023 Nia ara ;Falls ON Canada L2E6X5 95 0356,7521 wwwnia arafallsca� 4i. cir �A 1. 'r .'S "3.'*l� s.?h 9,-: C' �i '.i_.:: S$-.1A .:a� t i 3° r;.: g Working Together to Serve Our Community Community Services Department Municipal Works February 9, 2009 2 MW- 2009 -04 Improvements to the Jolley Cut walkway including any or all proposed upgraded surface treatments, stairs /ramps, lighting /furniture, adjacent landscape treatment and natural areas within the right -of -way to be preserved /protected. Any connections between the Jolley Cut and the proposed hotel. Integration of the Jolley Cut and Niagara Parks Commission lands. Staff also commented that discussions would have to take place with the immediate neighbours (HOCO, Skylon and NPC) to seek their comments and feedback. As the requirements by staff are considerable and costly, Mr. DiCienzo requested that a report be put to Council, in principle, in proceeding with the licencing of the cul de sac in exchange for improvements to the Jolley Cut. Staff has reviewed this matter internally and has raised no concerns with the licencing of the cul -de -sac. Accordingly, based on the above it is staff's recommendation that the City approve in principle the concept of licencing the cul -de -sac in exchange for the improvements to the Jolley Cut. Recommended by: S:IREPORTS120091MW- 2009 -04 Robinson Street Cul de sac.wpd Ed Dujlovic, Executive Director of Community Services Corporate Services Department Clerk's Division Inter Department Memorandum Niagarapalls TO: His Worship Mayor Ted Salci DATE: February 9, 2009 Members of Council FROM: Dean Iorfida City Clerk Ext. 4271 RE: By -laws 2009 -23 24 The first by -laws listed on this evening's agenda are a result of an O.M.B. decision. It is one of the rare cases where Council is required by law to respect the order of the O.M.B. and pass the by- laws (i.e., you can not vote against the passage of these by- laws). The by -laws are listed more for administrative reasons i.e., if anyone in the future was to search for the particulars on the zoning for the property, there would be a record of it. The OMB decision is included for Council's information. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development ISSUE DATE: January 12, 2009 PL070779 Ontario Ontario Municipal Board des affaires:rnunicipales de ('Ontario 1546867 Ontario Inc, and 1251483 Ontario Inc, (Anthony Vacca) has appealed to the Ontario Municipal Board under subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from Council's refusal or neglect to enact a proposed amendment to the Official Plan for the City of Niagara Falls to redesignate lands known municipally as 4043 Kalar Road from "Good General Agricultural" to "Site Specific Good General Agricultural" and a "Special Policy Area" be added to the Official Plan OMB`File No. 0070152 1546867 Ontario Inc. and 1251483 Ontario Inc. (Anthony Vacca) has appealed to the Ontario Municipal Board under subsection 34(11) of the Planning Act, ,19.8.0. 1990, c. P.13, as amended from Council's refusal "or negieot enact aproposed Z amendment to oning By -law 79 =200 of the City of Niagara Falls to,permit the use of the dwelling On.-4043-Kr-alaRoad-for office -and storage purposes and the aurroundmg lands as a parkrpgjot in conjunction with; #he: neighbourhoodgplazaioniands known municipally'as 8278 ThoroldkStone;8oad OMB File No: Z0701.06� M. HUBBARD CHAIR Monday, the 12th day of January, 2009 THIS MATTER/THESE MATTERS having ome on for p"ubfie hearing, and they Board in ;its. Decision issued February -11 200$ "Decision having withheld its Order pending notification h at final site plan apprtsyalC beerir bbta t ned ancltthe site plan>agreameht signed-an i16 w'been flled the?Board; THE BOARD ORDERS that the appeal is allowed, and the Official Plan for the City of Niagara Falls is amended in accordance with the Board's Decision; THE BOARD ORDERS that the appeal is allowed and the municipality is directed to amend By- law 79 -200 in accordance with the Board's, Decision SECRETARY JAN 15 2 PLANNING DEVELQ.pMc: T 2 PL070779 rezoning so as to permit an existing restaurant and bar (Somebuddy's Restaurant), located in a neighbourhood plaza at 8278 Thorold Road, to expand its parking lot on to the property to the south, 4043 Kalar Road, The neighbourhood plaza is located just south -east of the intersection of Thorold Stone Road, a four lane regional arterial road, and Kalar Road, an arterial road, but under the jurisdiction of the City. It contains two uses, the restaurant use occupying the westerly 333m of the plaza, front to rear, and a 173m convenience store. The plaza is located just within the limits of the urban area of Niagara Falls. At the outset of the hearing, I ruled that a noise report could be introduced into evidence at this hearing even though it was not before City Council at the time Council refused to amend the City's Official Plan (OP) and Zoning By -law. The Board heard considerable evidence that included affidavits and a DVD of a portion of the Council meeting that all supported the conclusion that having the noise report would not have made any difference to the Council decision. No evidence whatsoever was produced by anyone that indicated that Council would have changed its position had it had the benefit of this report when it made its decision. The Companies' explanation of their desire to expand the parking lot to the rear, as the Board understood it, is that they desire to provide better parking facilities for their customers and at the same time address some of the neighbourhood complaints centered on the business and their customers. The Participants' primary concern, as the Board understood it, was that the proposal would move the parking lot nearer to them, which would cause more nuisance to them. Also, that any more parking might result in a further expansion of the business, and any further expansion may further exacerbate an already intolerable situation. The Board understands from the Participants' evidence that they believe that this successful restaurant business has outgrown this site and that it should look for expansion on to a new larger site elsewhere. While it is impossible to attribute" any particular reason as to why City Council did not pass the requisite OPA and Zoning By -law here, because in part, the City called no evidence at this hearing, the Board concludes that Council must have been sympathetic to the residents' arguments similar to those that the Board has heard. Noise 3 PL070779 The residents' concerns, as the Board understood them from the Participant's evidence, related to noise, garbage, nuisance from the behaviour of customers, site cleanliness and overall appearance, traffic, drainage, and expansion. The Board heard that this restaurant and bar became quite successful and popular over the past few years and, in particular, since the restaurant installed and put into use a large outdoor patio (161 m?) during the warmer months of the year between the westerly side of the building and the westerly lot line. The patio is located at grade and each spring, gates are projected from the front and rear wall of the building to close off the lane that runs along the west side of the building from the front of the building to the existing rear parking area. During the warmer months that the patio is in use and the iron gates are closed, the rear parking area can be accessed only by Kalar Road. Late in the fall the gates area is opened, the patio operation is removed, and the lane provides access once again to the rear parking lot. The restaurant itself is licensed by the LLBO for 120 people and the patio an additional 60 people. A restaurant use is permitted at 8278 Thorold Stone Road under the City's Zoning By -law. About four years ago when the patio was installed, the City historically treated patios as a use that was part of a restaurant and did not require any additional parking. The restaurant accesses on to the patio by two large garage type doors that roll up inside the restaurant. At the hearing, the Participants complained about noise from the business consisting of amplified music including pounding base or live bands, both originating on the patio or projecting out from the restaurant on to the patio. Participants also complained about doors being left open at the rear of the building, when employees need cooler air on a hot summer night or to go out and smoke. Drainage 4 PL070779 During the evening hours the City's noise by -law is enforced by the police. The City's By -law Enforcement Department did not identify any noise concerns during the circulation process. One Participant said she has given up complaining about noise. The Companies' answer to these concerns was to call a qualified noise consultant who testified that noise could be reduced to achieve MOE guidelines by installing a solid wood acoustical 8' fence along the west and south lot lines. In general, the Board accepts his findings. 1 am convinced that the 8' acoustical fence sufficiently surpasses MOE requirements so as to almost entirely overcome the 3 technical shortcomings in the studies or methodology or execution raised by the City. The Board finds that constructing the removable gates at the end of the plaza out of solid acoustical material similar to the acoustical fence, to a'height of 4', and requiring the owner to place or direct any amplified speakers or other sound source below the height of 4' on or near the patio, should also assist with the booming base sounds that may be a nuisance even though they do not exceed MOE guidelines. The Board expects that the site plan and site plan agreement will incorporate these noise attenuation features. The residential area will be much quieter after the acoustical fence is erected than before. Participants were concerned about the longevity of a solid board fence. Appearing under subpoena, Mr. A. Herlovitch, the Planning Director for the City, testified that the City will require the installation and maintenance of the acoustical barrier through a site plan agreement. The Board accepts this answer. Drainage was also another concern, especially with a gravel or asphalt parking lot extending further south nearer to the residential area. A Participant testified that drainage was already a problem without adding to it the additional water draining off the new parking lot. Mr. Herlovitch testified that the drainage issues could be accommodated through the site plan process. The Board accepts Mr. Herlovitch's opinion on this point. Traffic Pedestrian Conflicts 5 PL070779 There was a general concern from the Participants that traffic would be aggravated by this proposal if the Board allowed it. With the reduction of parking along the east side of the building, as shown on the proposed site plan, if anything, the parking layout will be safer. Furthermore, the reduction of on street parking by having more spaces on site should also make for a safer neighbourhood if only by reducing the number of parking manoeuvres on nearby streets. The proposed new parking layout is certainly safer than before because the layout of the new lot allows for flow- through traffic so that, in the future, cars will exit on to Kalar Road in a forward motion, not having to back on to Kalar Road like what frequently happens now. There was a concern about pedestrian access to the convenience store. It was noted that the intersection at Kalar Road and Thorold Stone Road is signalized and there are two crossing guards at thetntersection during school hours. There are many school children and handicapped children in the area. Both streets are quite busy. In so far as the overall site will be reviewed during the site plan process, I am convinced that the City will make every effort to make pedestrian access to the convenience store as safe as possible. There would not be the opportunity to review the site plan as it applies to the convenience store but for this application. Also, the convenience store and restaurant are not expanding their size or operations in any way, so the subject applications will not likely cause much additional traffic. Customer Behaviour The Board heard that the restaurant customers are frequently noisy when they leave the site. According to Mr. Herlovitch, lengthy loud goodbyes will be less likely with the new parking lot that allows patrons to leave quickly and efficiently without difficult manoeuvring. The prohibition of on street parking on Kalar Road pushed patrons further away from the restaurant in their search for parking. Mr. Mr. Herlovitch's opinion, this made it 6 PL070779 harder for the restaurant to police their customers behaviour. The Board concurs. It is more likely that customers' garbage and noise will be controlled by the restaurant and be Tess irritating when there is a noise wall separating the noise source from the neighbouring residences and when garbage is confined to the restaurant parking area. Site Cleanliness and Appearance One Participant complained about garbage being dumped on the property and the condition of the garbage enclosure.. Mr. Herlovitch told the Board that a new garbage enclosure would be required as shown on the proposed site plan. A new parking lot with generous and well landscaped southerly and south westerly buffers should help considerably in the overall function of the lot, particularly with snow storage and the overall appearance of the lot. In order to get materially more parking spaces with the addition of the parcel for the new parking lot, certain desirable site plan improvements have to be postponed or abandoned. For instance, there is no space on the property for the landscaping of the east side of the property after the City obtains a 3m road widening along Kalar Road. The Board finds that the Appellants should pay for and landscape either the east side of its property or the west side of the Kalar Road allowance in the approximate locations identified by the Planning Director, once Kalar Road has been reconstructed to its ultimate width of 4 lanes. This could be provided for in the site plan agreement in the same manner as the Parties contemplate dealing with the storm sewers. If this results in the owner losing parking' spaces at that time which cannot be provided elsewhere on it property, the owners may, rather than completing the work on their property, contribute an equal amount for the landscaping of Kalar Road in the same general location. The Board finds that if the site plan is implemented as contemplated above, the property should be one that the community can take pride in. Future Expansion Potential Successful businesses, in my experience, wish to expand. The Board heard evidence that the restaurant business here was very successful. In my experience, 7 PL070779 moreover, successful businesses become more responsible. The Board heard evidence that the Companies were not improving the parking as a precursor to expansion, but attempting to resolve ongoing site problems both for their customers and the community at large. Obvious expansions here might be into the convenience store space, in the basement, or other area no longer required as an office or storage within the present space. I can understand why the City and the residents may be concerned about expansion based on past performance here. For instance, when the restaurant expanded on to the patio, parking and noise issues started. If the restaurant is forced to leave these premises to expand because the Board denies these appeals, what is to prevent a succession of start up restaurants continuing to operate here, perhaps in a manner that aggravates neighbours much more? The community will have lost its opportunity to make the operation more compatible. This business will have lost its customers' good will it has created at this location. I do not see how these results are in the public interest, or further the greater common good or move anyone ahead in any progressive way. The Board was advised that the City is considering a new Zoning By -law that currently provides that parking for restaurants in plazas is not based on the number of tables or seats, but on the floor area devoted to restaurant use. Furthermore, the new proposed by -law may also blend in some manner the overall parking standard for plazas. The new by -law is not before this Board nor was it entered Into evidence. The appeal is under the Planning Act, which pursuant to recent amendments, now requires the Board to have regard to City Council's decision. As mentioned above, I could not find how refusing this appeal is in the public interest or for the greater common good. While having carefully considered City Council's decision, the Board in the present circumstances must overturn it. Here the City called no evidence. I have heard planning evidence from two qualified planners, including the City's own Planning Director under subpoena, who recommended these applications for Council's approval. Both planners opined that the appeals had regard to and are consistent with all Provincial Policies, Regional and City Official Plans, and planning policies including the 8 PL070779 City's Zoning By -law as it is customarily interpreted, and that the development resulting from these appeals, if allowed, represents good and sound planning. The City's Official Plan and Zoning By -law are hereby amended as set out in Exhibit 10, Attachment 1, to this decision. As requested by the City and not objected to by Mr. Vacca, the Board will withhold its final Order until it has been advised that final site plan approval has been obtained and the site plan agreement signed and registered on title. If site plan approval is delayed for any reason, the Board may be spoken to. "D. Gates" D. GATES MEMBER PART 1- PREAMBLE i) Purpose of the Amendment -9 Attachment 1 OFFICIAL PLAN AMENDMENT NO. The purpose of this amendment is to add a Special Policy Area designation to the Good General Agricultural designation of the subject land and special policies to recognize an existing neighbourhood commercial development and to permit a minor expansion thereto on to an adjoining lot, consisting of the conversion of a dwelling to an ancillary office and storage use and an expansion of a parking area. ii) Location of the Amendment The amendment consists of changes to the map and text. 1. Map Change The land affected by this amendment is located on the southwest comer of Thorold Stone Road and Kalar Road, being Part of Township Lot 81 Stamford as in RO314335, except Part 2 on Plan 59R8527; Niagara Falls and Pt Twp Lt 81 Stamford; designated as Part 1 on 59813263; Niagara Falls and municipally known as 8278 Thorold Stone Road and 4043 Kalar Road, respectively. The subject land is identified as Special Policy Area "XX" on Schedule "A" of the Official Plan and Is shown on Map 1, included in Part 2 of this document. 2. Text Change A Special Policy governing the land affected by the redesignation is to be added to PART 2, SECTION 14 SPECIAL POLICY AREAS, as detailed in Part 2of this document. iii) Basis of the Amendment The subject land is approximately 0.33 hectares in area. The City of Niagara Falls Official Plan designates the. subject land Good General Agricultural. A neighbourhood commercial plaza owned by 1546867 Ontario Inc. exists on 8278 Thorold Stone Road and a single detached dwelling owned by 1521483 Ontario Inc. exists on 4043 Kalar Road. The neighbourhood commercial plaza on a portion of the land is recognized as a non complying use under this designation. The applicant wishes to convert the dwelling known as 4043 Kalar Road for office and storage purposes and the lands surrounding it into a parking lot for the plaza on the lands known as 8278 Thorold Stone Road. PLO70779 -10- PL070779 The amendment is supported by. a Planning Report, submitted by Urban and Environmental Management Inc. The study concludes the following: The proposal does not offend Provincial or Regional Policies for use of land outside of Urban Areas relating to significant Agricultural or Natural Heritage Resources. Containing the necessary parking for the development in a well screened parking lot on the and will address residents concerns about off -site parking and will improve compatibility with adjacent residences. The proposal does not involve a significant expansion to or intensification of an existing use. The proposal is consistent with the provisions of Regional Policy 12.6 and Therefore does not require a Regional Policy Plan Amendment. In its analysis of the requested amendment, the City of Niagara Falls Planning Department concluded the following: The proposal conforms with the general objectives of the Official Plan given that the proposed zonind'ohange does not intensify the commercial use of the property, the additional parking is needed and disturbances caused by off-site parking will be reduced. Traffic generation will not increase, the proposed development does not interfere with permitted uses under the Good General Agricultural designation; The land known as 4043 Kalar Road allows for a logical parking lot expansion that can be integrated with existing facilities; Compatibility with adjacent land uses can be achieved by restricting the restaurant to its existing size and occupancy and restricting the former dwelling to ancillary office and storage uses, installing wood screen fencing along the adjacent properties, installing a 4.5 metre (15 foot) wide landscaping strip along the south property line and installing a 1.5 metre (5 foot) wide landscaping strip along the west property line of the lot formerly known as 4043 Kalar Road; There is a need to provide additional parking above zoning requirements to address concerns about off-site parking; The requested Zoning By-law amendment Is appropriate. To ensure that the uses do not expand without further approval, the amending Zoning By -law will restrict the size of the plaza and restaurant occupancy and will restrict the use of the former dwelling to accessory office and storage uses; Through site plan control, issues such as location of garbage enclosures, fencing, tree planting, lighting and grading /drainage will be addressed; and, AB:mb 11 PL070779 The proposal will improve the site conditions, including improvements to drainage, landscaping and traffic circulation. Council considered the proposed Official Plan amendment and associated Zoning By -law amendment at a public meeting on July 23, 2007. Council refused the requested amendments after considering Staff's report (PD- 2007.63), agency comments, public comments and a presentation from the applicant. PART 2 BODY OF THE AMENDMENT 1 PL070779 All of this part of the document entitled PART 2 BODY OF T7lE 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 identified as special Policy Area `;XJC" on Schedule "A" to the Official Plan. 2. TEXT CHANGE PART 2, SECTION 14 SPECIAL POLICY AREAS is hereby amended by adding the following new subsection: 14.XX SPECIAL POLICY AREA "XX" Special Policy Area "XX" applies to approximately 0.33 hectares of land located southwest of the Thorold Stone Road and Kalar Road intersection. The land is designated Good General Agricultural on Schedule "A" of the Official Plan. Notwithstanding the policies contained in PART 2, Section 7.1, the land may only be developed with a 137 square metre neighbourhood commercial plaza including a seasonal patio and 70 square metre storage and office building and an associated parking area subject to the following policies: 14.XX.1 To ensure the parking area does not impact on abutting land uses, provisions shall be included in the amending by -law to require the parking lot to be developed with generous buffering and landscaping alone adjacent land uses. 14.XX.2 Development will be subject to site plan control and a site plan agreement shall be registered on title. 13 MAP 1 TO AMENDMENT NO. SCHEDULE A TO THE OFFICIAL PLAN Area Affected by this Amendment Proposed Change To Add: SPECIAL POLICY AREA XX CITY OF NIAGARA FALLS OFFICIAL PLAN EXCERPT FROM SCIIEDULE A FUTURE LAND USE PLAN 30 ENVIRONMENTAL PROTECTION AREA F GOOD GENERAL AGRICULTURE Firn OPEN SPACE RESIDENTIAL NOTE. Thu x]NJulc:fuhm pal of Alt ,.,dni.m NO. to Ue Official Wn tor the City cl Naerrn F,I, 'and h rust be rat in vnnjunlipn with the wniiten Int W PL070779 s 1 :NTS AM.1212007 Nercmhr2007 A by -law to amend By -law No. 79 -200, to recognize the commercial use ofa portion of the land and permit a limited expansion of the use on the balance of the land. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Sheet B3 of Schedule "A" to By -law No. 79 -200 is amended by redesignating from NC, in part, and A, in part, to NC and numbered 811, the land on the southwest corner of Thomld Stone Road and Kalar Road, being Pt Twp Lt 81, Stamford as in R0314335, except Part 2 on Plan 59R8527; Niagara Falls and Pt Twp Lt 81 Stamford; designated as Part 1 on 59R13263; Niagara Falls and shown hatched and designated NC and numbered 811 on the plan Schedule 1, attached to and forming part of this by -law. 2. Notwithstanding the provisions of sections 2.31 and 4.27.1, Table 1 of clause (a) of section 4.19.1, section 8.1.1 and clauses (a), (b), (c), (e), (f), (h) and (i) of section 8.1.2 of By -Jaw No. 79- 200, no person shall use the land described in section 1 of this by -law and shown hatched and designated NC and numbered 811 on the plan Schedule 1 attached hereto, or erect or use any building or structure thereon, except for the purpose of a restaurant and an accessory office and storage building and a retail store, and except in compliance with the following regulations: (a) Regulations (b) Minimum lot area Minimum front yard depth Minimum rear yard depth Minimum exterior side yard width Maximum floor area CITY OF NIAGARA FALLS By -law No. 2008 14 PL070779 for the purpose of determining compliance with clauses (b) through to and including (1) of this section of this by -law and all other provisions of Zoning 13y -law No. 79- 200, all the land described in section 1 of this by -law and shown hatched and designated NC and numbered 811 on the plan Schedule 1 attached hereto, shall he considered one lot the whole of the land shown hatched and designated NC and numbered 811 on the plan Schedule 1 attached hereto, save and except for any part that may be required to he dedicated for the purpose of road widenings 9 metres 2.5 metres 3 metres 737 square metres (h) Maximum floor area of the seasonal patio, accessory to the restaurant (i) Maximum floor area of the convenience score (j) Maximum floor area of an accessory building containing office and storage uses for the restaurant 1) (1) (g (i) Maximum floor area of the restaurant, not including office and storage uses Maximum occupancy of the restaurant Minimum number of parking spaces for the restaurant and accessory office and storage building (k) Minimum number of parking spaces for a retail store (I) Minimum landscaped open space along and adjacent to the rear lot line, save 'and except for any existing building (ii) along and adjacent to the interior side lot line, between points "a" and "b" as shown on the plan Schedule attached hereto 15 PL070779 333 square metres 161 square metres 173 square metres 70 square metres 120 seats. plus 60 seats on an outdoor patio 46 1 parking space for each 25 square metres of gross less able floor area 9% of the lot area, which shall include landscape strips having the prescribed widths in the following locations: 4.5 metres 1.5 metres 3. Section 19 of By -law No. 79 -200 is amended by adding thereto to the following: 19.1.811 Notwithstanding thc provisions of sections 2.31 and 4.27.1, Table 1 ofclause (a) of section 4.19.1, section 8.1.1 and clauses (a), (b), (c), (e), (f), (h) and (i) of section 8.1.2. of By -law No. 79 -200, no person shall use the land on the southwest corner ofThorold Stone Road and Kalar Road, designated NC and numbered 811 on Sheet B3 of Schedule "A or erect or use any building or structure thereon; except for thc purpose of a restaurant and an accessory office and storage building and a retail store, and except in compliance with By -law No. 2008 Passed this day of 2008. DEAN IORFIDA, First Reading: Second Reading: Third Reading: (ii) along and adjacent to the exterior side lot line, save and except for any dri veways, between points "c" and "d" as shown on the plan attached hereto 16 PL070779 .2008 2008 2008 3.0 metres CITY CLERK R. f.(TED) SALCI, MAYOR Subject Land Description: SCHEDULE 1 TO BY -LAW No. 2008 W4 3Q7m Applicant: 1546867 Ontario Inc. and 1251483 Ontario Inc. Assessment its: 272510000411600, 272510000406800 17 PL070779 0 THOROLD STONE RD Amending Zoning By -law No. 79 -200 Pt Twp Lt 81, Stamford as in R0314335, except Part 2 on Plan 5988527; Niagara Falls Pt of Twp Lt 81 Stamford; designated as Pan 1 on 59R 13263; Niagara Falls N li I:N13 AM- 12/2007 tkcembn 2007 CITY OF NIAGARA FALLS By -law No. 2009 A by -law to provide for the adoption of Amendment No. 87 to the City ofNiagara Falls Official Plan as approved by the Ontario Municipal Board. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS, IN ACCORDANCE WITH THE PLANNING ACT, 1990, AND THE REGIONAL MUNICIPALITY OF NIAGARA ACT, HEREBY ENACT AS FOLLOWS: 1. The attached text constituting Amendment No. 87 to the City of Niagara Falls Official Plan is hereby adopted. Passed this ninth day of February, 2009. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: February 9, 2009 February 9, 2009 February 9, 2009 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. 87 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. 87 shall be identified as special Policy Area "61" on Schedule "A" to the Official Plan. 2. TEXT CHANGE PART 2, SECTION 14 SPECIAL POLICY AREAS is hereby amended by adding the following new subsection: 14.61 SPECIAL POLICY AREA "61" Special Policy Area "61" applies to approximately 0.33 hectares of land located southwest of the Thorold Stone Road and Kalar Road intersection. The land is designated Good General Agricultural on Schedule "A" of the Official Plan. Notwithstanding the policies contained in PART 2, Section 7.1, the land may only be developed with a 737 square metre neighbourhood commercial plaza including a seasonal patio and 70 square metre storage and office building and an associated parking area subject to the following policies: 14.61.1 To ensure the parking area does not impact on abutting land uses, provisions shall be included in the amending by -law to require the parking lot to be developed with generous buffering and landscaping along adjacent land uses. 14.61.2 Development will be subject to site plan control and a site plan agreement shall be registered on title. SA OFFICIAL. PLMAMEND\AM- 12 -07\BODY_AM- 12.wpd MAP 1 TO AMENDMENT NO. 87 SCHEDULE A TO THE OFFICIAL PLAN Area Affected by this Amendment Proposed Change To Add: SPECIAL POLICY AREA "61" CITY OF NIAGARA FALLS OFFICIAL PLAN EXCERPT FROM SCHEDULE A FUTURE LAND USE PLAN ENVIRONMENTAL PROTECTION AREA GOOD GENERAL AGRICULTURE OPEN SPACE RESIDENTIAL NOTE: This schedule forms part of Amendment No. 87 to the Official Plan for the City of Niagara Falls KAG15 RequezEs 2007,.. Lacs ZoningAIMAM-121mapping roap and it must be read in conjunction with the written text. N 1:NTS AM- 12/2007 January 2009 A by -law to amend By -law No. 79 -200, as directed by the Ontario Municipal Board, to recognize the commercial use of a portion of the land and permit a limited expansion of the use on the balance of the land. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Sheet B3 of Schedule "A" to By -law No. 79 -200 is amended by redesignating from NC, in part, and A, in part, to NC and numbered 811, the land on the southwest corner of Thorold Stone Road and Kalar Road, being Pt Twp Lt 81, Stamford as in R0314335, except Part 2 on Plan 59R8527; Niagara Falls and Pt Twp Lt 81 Stamford; designated as Part 1 on 59R13263; Niagara Falls and shown hatched and designated NC and numbered 811 on the plan Schedule 1, attached to and forming part of this by -law. 2. Notwithstanding the provisions of sections 2.31 and 4.27.1, Table 1 of clause (a) of section 4.19.1, section 8.1.1 and clauses (a), (b), (c), (e), (f), (h) and (i) of section 8.1.2 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 NC and numbered 811 on the plan Schedule 1 attached hereto, or erect or use any building or structure thereon, except for the purpose of a restaurant and an accessory office and storage building and a retail store, and except in compliance with the following regulations: (a) Regulations for the purpose of determining compliance with clauses (b) through to and including (n) of this section of this by -law and all other provisions of Zoning By -law No. 79- 200, all the land described in section 1 of this by -law and shown hatched and designated NC and numbered 811 on the plan Schedule 1 attached hereto, shall be considered one lot (b) Minimum lot area the whole of the land shown hatched and designated NC and numbered 811 on the plan Schedule 1 attached hereto, save and except for any part that may be required to be dedicated for the purpose of road widenings (c) Minimum front yard depth 9 metres (d) Minimum rear yard depth 2.5 metres (e) Minimum exterior side yard 3 metres width (f) Maximum floor area CITY OF NIAGARA FALLS By -law No. 2009 737 square metres (g) (i) (m) Maximum floor area of the restaurant, not including office and storage uses (h) Maximum floor area of the seasonal patio, accessory to the restaurant Maximum floor area of the convenience store 6) Maximum floor area of an accessory building containing office and storage uses for the restaurant (k) Maximum occupancy of the restaurant (1) Minimum number of parking spaces for the restaurant and accessory office and storage building Minimum number of parking spaces for a retail store (n) Minimum landscaped open space (i) along and adjacent to the rear lot line, save and except for any existing building i) along and adjacent to the interior side lot line, between points "a" and "b" as shown on the plan Schedule 1 attached hereto (iii) along and adjacent to the exterior side lot line, save and except for any driveways, between points "c" and "d" as shown on the plan Schedule 1 attached hereto 2 333 square metres 161 square metres 173 square metres 70 square metres 120 seats, plus 60 seats on an outdoor patio 46 1 parking space for each 25 square metres of gross leasable floor area 9% of the lot area, which shall include landscape strips having the prescribed widths in the following locations: 4.5 metres 1.5 metres 3.0 metres 3 3. Section 19 of By -law No. 79 -200 is amended by adding thereto to the following: 19.1.811 Notwithstanding the provisions of sections 2.31 and 4.27.1, Table 1 of clause (a) of section 4.19.1, section 8.1.1 and clauses (a), (b), (c), (e), (f), (h) and (i) of section 8.1.2. of By -law No. 79 -200, no person shall use the land on the southwest corner of Thorold Stone Road and Kalar Road, designated NC and numbered 811 on Sheet B3 of Schedule "A or erect or use any building or structure thereon, except for the purpose of a restaurant and an accessory office and storage building and a retail store, and except in compliance with By -law No. 2009- Passed this ninth day of February, 2009. DEAN IORFIDA, CITY CLERK R.T.(TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: February 9, 2009 February 9, 2009 February 9, 2009 S: \ZONING\AMS\2007\By- laws\Byam12 -OMB Dec.wpd Subject Land Description: SCHEDULE 1 TO BY -LAW No. 2009 rA Amending Zoning By -law No. 79 -200 Pt Twp Lt 81, Stamford as in R0314335, except Part 2 on Plan 59R8527; Niagara Falls Pt of Twp Lt 81 Stamford; designated as Part 1 on 59R13263; Niagara Falls Applicant: 1546867 Ontario Inc and 1251483 Ontario Inc. 1:NTS AM- 12/2007 K:\GIS_Requests\ 2007\ Schedules \ZoningAM\AM- 12 \mapping.map January 2009 Assessment #s: 272510000411600, 272510000406800 N s CITY OF NIAGARA FALLS By -law No. 2009 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 9' day of February, 2009. 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 9` day of February, 2009 including all motions; resolutions and other actions taken by the Council at its said meeting, are hereby adopted, ratified and confirmed as if they were expressly embodied in this by -law, except where the prior approval of the Ontario Municipal Board or other authority is by law required or any action required by law to be taken by resolution. 2. Where no individual by -law has been or is passed with respect to the taking of any action authorized in or with respect to the exercise of any powers by the Council, then this by -law shall be deemed for all purposes to be the by -law required for approving, authorizing and taking of any action authorized therein or thereby, or required for the exercise of any powers thereon by the Council. 3. The Mayor and the proper officers of the Corporation of the City of Niagara Falls are hereby authorized and directed to do all things necessary to give effect to the said actions of the Council or to obtain approvals where required, and, except where otherwise provided, the Mayor and the Clerk are hereby authorized and directed to execute all documents arising therefrom and necessary on behalf of the Corporation of the City of Niagara Falls and to affix thereto the corporate seal of the Corporation of the City of Niagara Falls. Passed this ninth day of February, 2009. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: February 9, 2009 February 9, 2009 February 9, 2009