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Mor~day, Ju~e 29, 2~09
40~0 pe~e
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1) Approval of the May 25, 2009 Community Services Minutes.
2~ conn~nur~acA~°oon~~:
a) Request for an exemption to the City's swimming pool fence by-law
b) Sign By-law~' r'~~~~-~
c) Transit Agreement?
~ Sl'AFF ~ONTACTe
a) F-2009-37
Water Account collections - Residential Tenanted Accounts Todd Harrison
b) MW-2009-50
Review of City Buildings Ed Dujlovic
c) PD-2009-39
AM-30/2004, Official Plan Amendment Application
Proposed Northwest Urban Boundary Expansion Alex Herlovitch
d) PD-2009-50
Matters Arising from Municipal Heritage Committee Alex Herlovitch
4) NEIl1l ~Q.9S9~IESS:
5) ADJOl1RN9VIENT:
y ~ ' ~ L ,y e~ sa c ~ ~ 9° ~S'i ~ ~ ~ > . ' ~
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~ ,r~' ~ : ~ ' z t''' ' k~ *~y .r- _ ~`r r. T _ :
~ y~ziN~ C~AMER~? SESSION~ ~ ~ ~ ~~4 ~ : ~ ~ ~ ;
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a) Resolution to go into Closed Meeting.
~
I~~~~~.r~~a~'1~
@V~IN~9~ES OF C09VE~I9~JIVITV SERV~CES CO~N9ITT~E
Seve~t~a ~VBeet~~~
IVIou~~9~y, G1Aay 25, 2009
Ca~y I-sa9G, Cou~o~6t$ee Roor~o 2, 5e~0 p.~.
PE2ESENT: Councillor Carolynn loannoni, Chair; Mayor Ted Salci, Councillors: Jim
Diodati, Shirley Fisher, Vince Kerrio, Bart Maves, Victor Pietrangelo,
Wayne Thomson, Janice Wing.
STAE'F: Ken Todd, Ed Dujlovic, Ken Burden, Dean lorfida, Ken Beaman, Alex
Herlovitch, Todd Harrison, Geoff Holman, Marzenna Carrick, Serge
Felicetti, Trent Dark, Dave Stuart, Steve Norris, Dale Morton and
Marianne Tikky - Steno.
PRESS: Corey Larocque, Niagara Falls Review, Alison Bell, Niagara This Week
'9 e ~VIINl~TESo
MOVED by Councillor Kerrio, seconded by Councillor Maves that the minutes of the
May 4, 2009 meeting be adopted with the following amendment. The official minutes
recorded Councillors Wing and Fisher as the mover and seconder of report CD-2009-
06 - 5890 Main Street. The minutes have been amended as follows;
"C~-2009-06
5890 91~aio~ Street
MOVED by Mayor Salci and seconded by Councillor Thomson;
1. That the City send a letter to the AGCO outlining Council's concerns with the
issuance of a liquor licence for 5890 Main Street.
2. That the interim control bylaw for Historic Drummondville area be deferred
pending further information from staff."
2. 9~EP01~~'Se
a) 1'S-2009-08 i
Preakness St~eet - Speed ControY Prograrn
MOVED by Councillor Thomson and seconded Mayor Salci that the installation of
speed humps on Preakness Street between Montrose Road and Paddock Trail Drive,
be approved and that staff monitor the situation over the next six months.
-z-
Motion: Carried Unanis~x~ously
Actaon: Fteco¢~a~ra~endation s~abrnatted to Council May 25, 2009.
b) TS-2009-09
Centre Street at E@@ere Aver~aae - 9nte~section Safety Review
MOVED by Councillor Thomson and seconded by Councillor Maves that
the installation of an overhead flashing beacon at the intersection of Centre Street
and Ellen Avenue be approved.
Motion: Ca~ried Unanirnoa~sly
Action: 92ecomr~nendation sub~itted to Council IVlay 25, 2009.
c) ~'S-2009-26
Ba~s LoacYing/llnloadirac~ Zone
St. ~.awrert~ce - St. CBair Avena~e
MOVED by Councillor Thomson and seconded by Councillor Diodati;
1) That the east side of St. Lawrence Avenue between Huron Street and Queen
Street be designated as a"tour bus loading and unloading" zone.
2) That the east side of St. Clair Avenue between Huron Street and Queen Street
be designated as a"tour bus loading and unloading" zone.
Motion: Carried Unaroamously
Actior~: Recomra~endation subrnitted to Courocil May 25, 2009.
c~) TS-2009-27
Sadewalk Wideraang Request to Reraiove
~wo Pay Parkin~ Spaces
Nor~heast Corner of Cliftos~ FlilB and Oneic9~ Lane
MOVED by Mayor Salci and seconded by Councillor Fisher;
1) That the two parking spaces on the northeast corner of C{ifton Hilf and Oneida
Lane be removed for sidewalk widening;
2) That 1720679 Ontario Ltd be required to reimburse the City Parking Operation
a total of $7,200 in lost revenue for 2009 only;
3) That staff investigate, with the Clifton Hill BIA, opportunities of replacing the
two pay parking spaces.
Motion: Carried
Confflict: Councillors Thornson anc9 loannoni
Action: Recornmeo~datioro subra~it$ed to Council May 25, 2009.
_3_
e) PD-2009-38
Review of Coraira~ercial PoEscy for Market St~adaes
MOVED by Councillor Thomson and seconded by Councillor Fisher that staff go
forward amending the Official Plan to remove the requirement of retail market
studies and, in the future, staff make a recommendation having regard for the
capacity in the market on a case by case basis.
IVlotion: Carraed
Action: Recornrr~endation subrnutted to Council IVlay 25, 2009.
fl IV~W-2009-23
2009 Develop~ment Charges S$udy
Consul~ants Draff~ Report
MOVED by Councillor Maves and seconded by Councillor Wing that this report be
received for information.
IVlotion: C~rried
Actios~: Recomrnendatiora subrni$ted to Coa~nci@ May 25, 2009.
A~JOU~t~~E~~r:
MOVED by Councillor Fisher, seconded by Mayor Salci that the Committee
adjourn to an In-Camera session at 6:30 p.m.
Motiort~: Carroed l9nanar~oa~sly
Corporate Services Departrnent
Cler9c's Divisoon
Inter-Departr~aent AVlemorandura~ Nla~ara alls
TO: Councillor Carolynn Ioannoni DATE: June 29, 2009
& Members of the Community Services Committee
FI~OSVI: Dean Iorfida
City Clerk
Ext. 4271
RE: 12eqa~est for a~n ~xemptioaa ~o the City's Swearnmnng Pool ~ea~ce ~y-law
By-law Services received a complaint about a non-fenced pool. The owner has requested to
approach Council for an exemption.
The City has never granted an exemption under the Swimming Pool Fence By-law. An attached
memo from the City Solicitor reiterates that the City should not grant such an exemption.
RECOMMENDATION: That the request for an exemption be denied.
~
Working Together to Serve Our Community
Clerks • Finance • Human Resources • Information Systems • Legal • Planning & Development
To: Dean Iofida
From: Ken Beaman
Subject: request for Exemption from Swimming Pool by-law
The analysis of a proposal of this yariety should start from the purpose of a fence pool by-law is
to protect children and other vulnerable persons ( and animals) from drowning in a swimming
pool. The purpose is not to eliminate all possible risk of drowning. Any council enacting a by-
law of this type is well aware that the province of Ontario has vast quantities of unfenced and
untamed rivers and lakes in which a person could drown.
The reason that societies have develop governments and regulations is that people will not, of
their own accord, create structures, buildings and play areas like pools with the safety of their
fellow human beings in mind. There would be no need for this regulatory authority if this were
not the case. The need for regulatory intervention is accepted to be particularly acute in situations
involving children. It is generally accepted that children, as a group are more prone to making
errors in judgement in matters involving safety and have less resources in terms of physical
capabilities and experience to fall back on when they find themselves in a dangerous situation.
That being said, the common law also recognizes that governments are not compelled of enact
by-laws to regulate dangerous activities. If the legislature declines to regulate a dangerous
activity, the courts will not compel the government to do so. The law achieves regulation after
the fact. It waits for the dangerous activity to result in an accident and allows the victim to seek
compensation from the party it deems to be responsible for the activity. By awarding
compensation, the common law seeks to encourage the persons who engage in the activity to be
more careful.
The common law solution to dangerous activities is frequently unacceptable to legislatures.
Legislatures frequently are not satisfied with waiting for people to be injured in order to address a
particular risk. Accordingly, regulations such as the swimming pool by-law are enacted.
At common law, once legislatures have decided to regulate and area of activity they are expected
to make reasonable efforts to protect those who are intended to the be the beneficiaries of the
protective effect of the regulation in question. In fact, it has been established at law that a
regulatory agency is expected to protect those who attempt to circumvent the regulations from
their own folly.
Returning to the purpose of the By-law, as stated above, as the purpose of the by-law is to try to
prevent drowning in a swimming pool, the proximity of other possible places to drown is
irrelevant.
I
Council has chosen to try to eliminate one possible source of tragedy. The fact that council can
not eliminate all possible sources of tragedy is not a reason to allow that one source to remain in
place. If the argument being advance were to be given any credence, then regulatory activity
would simply not occur. The police cannot stop every speeding driver. Nor is it a defence to that
offence to submit that no one else was on the road at the time of the speeding.
Furthermore, as the Canadian Red Cross reports that more people drown in bath tubs than drown
in swimming pools, to follow the argument that one should not regulate pools because all other
sources of the risk of drowning have been similarly regulated leads inevitably to the conclusion
that there should be no regulation at all.
It should also that the regulator is the one that, in the event of tragedy, it is the regulator who has
to answer the question "What did you do to prevent this?" It is submitted that "nothing" is not the
best answer to this question. (An example of this answer not being accepted as adequate occurred
recently in the propane explosion in Toronto.) In the case of an accidental death by drowning it is
not beyond the realm of possibility that a coroner might be asking that question of the regulator
in a public forum.
A site specific exemption to the by-law is only available if the by-law is amended to allow every
other citizen in the City the same privilege. The law does not tolerate ad hoc exemptions. If
council chooses to so amend the by-law, then regulations or guidelines outlining the criteria for
an exemption should be developed.
Finally, the writer makes the following submissions:
It is submitted that The author of this attached web page
www. keepsafe. ca would argue strenuously against the proposition being advanced.
The writer has dealt with a number of similar requests over the years. In one case, a rural hot tub
located nearly a kilometre from the nearest neighbour, a cat drowned in the tub during the time
that the matter was before the Court. In the other, which involved a rural property in
Flamborough, a child died in a rural pool in Oakville while the case was underway, the presiding
Justice of the Peace, having heard report of the Oakville incident awarded the maximum fine
against the Flamborough defendant even though the writer had asked for a lesser amount.
Finally, in regulatory matters, it should always be borne in mind that the parties that the
regulations are designed to protect is seldom at the table to debate with the person who is seeking
relief from the regulation. They are usually consumers who will buy the regulated good from the
party who wants less red tape. (Examples of red tape reductions that have been demonstrated to
fail to protect the public are the Walkerton water scandal and the Maple Leaf Meats recall) Or
they are those who lack a voice of their own such as children and animals. Legislatures must bear
this imbalance of access in mind when considering proposals of this type.
His Worship Ted Salci and Council
4310 Queen Street
Niagara Falls, ON
L2E 6X5
To: His Worship Ted Salci and Council May 15, 2009
Re: Pool Fencing
10941 Niagara River Parkway
Niagara Falls, ON
L2E 6S6
I am respectfully asking to be heard by you in council regarding a request for an exemption to the
Swimming Pool Fence By-law 73-186.
We live in rural Niagara Falls on the Niagara River Parkway at Marshall Road. We have no houses
directly near us. Our nearest neighbors reside approximately 550 feet away from us. We own all the
adjacent land to our home so there is no issue with respect to houses being built close to our home.
Also, our pool is not clearly visible from or near any roadway. ( see photo )
My home is approximately 600 feet from the Niagara River, with its steep banks and fast moving
current. There are several deep drainage swales near our house, there are deep ditches and several large
ponds.( see photos of ponds and proximity of Niagara River )
We have a safety cover to cover our pool in the wint~r when it may not be visible due to snow. The
safety cover straps are strong enough to withhold we~ghts up to 40001bs and a 2001b man can safely
walk across the cover.( see photos of cover )
I respectfully ask council to grant me an exemption tp By-law 73-186. We are prepared to indemnify
the City of Niagara Fa11s and execute any waivers required.
Yours respectfully,
C~ ~ -
co~~ ~~~~~~ft
CiTy Clerk
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON
L2E 6X5
To: The City Clerk May 15, 2009
Re: Pool Fencing
10941 Niagara River Parkway
Niagara Falls, ON
L2E 6S6
905-295-0864
This is just a brief letter respectfully requesting to be heard by his Worship Ted Salci and Council
regarding Swimming Pool Fence By-law 73-186. I would like to ask for an exemption to this By-law
for the reasons stated in the enclosed letter.
I would like to be placed on the agenda to be heaxd o~ this matter by council as soon as is possible.
Your cooperation with this matter is greatly apprecia~;ted.
Thank you,
C~-/~ t
r.~
Connie Nothdurft
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CITY OF N~AGARA FAL~,S
A CONSOLIDATED ~Y-I~AW
Being ~y-law No. 73-159 as amended by:
By-law 73-186, By-law 79-115, By-law 80-131, By-law 81-65, By-law 92-254, By-law 95-276 and
By-law 96-238.
A by-flaw ~'oa~ ~equiri~g t~e fencIlng of pa~avate~y ow~ed swian~nang pooYs.
WI~]E~AS paragraph 24 of subsection 1 of section 354 of The Municipal Act provides that by-laws may
be passed by the councils of local municipalities for requiring owners of privately owned outdoor
swimming pools to erect and maintain fences and gates around such swimming pools and for prescribing
the height and description of, and the manner of erecting and maintaining, such fences and gates;
NOW ~'~E~g+'O~ 'g'~-YE CO~JNCI~ OF T~~ CO1~I'Ofl2A'~gON Og+' '~'I~~ C~'~'X OF NgAGAItA
~A~,g.S ~NACTS AS ~OI.g,OWS:
1. For the purposes of this by-law,
(a) "owner" includes a firm, corporation, club or unincorporated society;
(b) "swimming poll" means any structure, basin, chamber or tank containing an artificial body
of water for swimming, diving, wading or recreational bathing and having a water depth
of 12 inches or more at any point but does not include:
(i) any such structure, basin, chamber or tank that is completely above ground and
which has a side height of not more than 25 inches measured from ground level at
all points on its perimeter, or
(ii) a swimming pool which is subj ect to the regulations made under The Public Health
Act.
(c) "ground level" means the highest level of the ground at any point around the exterior of the
swimming pool within 42 inches measured horizontally from the outside wall of the
swimming pool.
2. Subject to section 4, every owner of a privately owned outdoor swimming pool shall erect and
maintain on the land or a part of the land on which such swimming pool shall erect and maintain
on the land or a part of the land on which such swimming pool is located a fence that,
(a) by itself or in conjunction with any building or with any boundary fence which complies
with the requirements of clauses b, c and d of this section, shall completely enclose the
swimming pool,
(b) shall be not less than 42 inches in height measured from ground level at all points on its
perimeter,
-2-
(c) shall be either;
(i) of inetal wire (chain link) or not less than 12 gauge with openings not greater than
1.5 inches by 1.5 inches and supported by iron posts spaced not more than 10 feet
apart and set securely in concrete and having a top rail to which the fence fabric is
securely attached, provided that the erection of a metal wire (chain link) fence prior
to July 7t", 1980 and the maintenance thereof with openings not greater than 2
inches by 2 inches shall not be deemed to be a breach of this by-law, or
(ii) of wood, masonry or other material of equivalent strength and providing an
equivalent degree of safety and supported by posts of wood, masonry, iron or pipe
spaced not more than 10 feet apart and set securely and if such fence has openings
at least one dimension of any such opening shall not exceed 3 inches,
(d) shall not consist of any barbed wire and shall not have any devices for projecting an
electric current through the fence, and
(e) shall be so located and constructed that access to the swimming pool area from outdoors
shall be only by means of one or more gates in the fence which comply with the
requirements of section 3.
( fl any opening between the bottom of the fence and the ground beneath it shall be not greater
than 3 inches.
(g) shall be so designed and constructed to deter persons from climbing it,
(h) shall be so designed and constructed that all horizontal or diagonal structure members shall
be located on the inside or pool side of the fence.
3. The owner of a privately owned outdoor swimming pool shall erect and maintain each gate in the
fence enclosing the swimming pool in accordance with the following requirements:
(a) each gate shall be constructed of inetal wire (chain link) of not less than 12 gauge with
openings not greater than 1.5 inches by 1.5 inches or of wood or other material of
equivalent strength which provides an equivalent degree of safety and with openings no
greater than provided in subclause (ii) of clause (c) of section 2, provided that the erection
of a metal wire (chain link) gate prior to July 7`h, 1980 and the maintenance thereof with
openings not greater than 2 inches by 2 inches shall not be deemed to be a breach of this
by-law.
(b) each gate shall be not less than 42 inches in height.
(c) each gate shall be supported by substantial hinges and
(d) each gate shall be equipped with self-closing, self-latching devices placed at the top and
on the inside of the gate.
-3-
(e) any opening between the bottom of the gate and the ground beneath it shall be not greater
than 3 inches.
4. The provisions of this by-law requiring the erection and maintenance of a fence that shall
completely enclose the swimming pool shall not apply if the outside wall of the swimming pool
has a height of not less than 42 inches measured from ground level at all points on the perimeter
of such wall provided that any steps, ladder or other means of entry to the swimming pool are
protected by a fence and gate which comply with all other requirements contained in sections 2 and
3.
5. Every owner of a privately owned outdoor swimming pool shall maintain the said fence and gates
in such a manner and to such an extent as to ensure at all times maximum security and protection
against entry to the swimming pool by unauthorized persons.
6. This by-law shall be administered by the Building Inspector.
7. (a) Except as provided in subsection 2, this by-law shall come into force and take effect on the
date of the passing thereof.
(b) Where a swimming pool has been constructed, installed or erected prior to the date of the
passing of this by-law, the provisions of By-law No. 6372, 1963 shall apply to such
swimming pool until the 31 S` day of May,1974 and thereafter the provisions of this by-law
shall apply to such swimming pool.
(c) Subject to subsection 2, By-law No. 6372, 1963 is hereby repealed.
8. Every person who contravenes this by-law is guilty of an offence.
(Original By-law 73-159 was) passed this 23rd day of July, 1973.
J. L. COLLINSON/ CITY CLERK R. KEAGHAN / ACTING MAYOR
First Reading: July 23rd, 1973
Second Reading: July 23rd, 1973
Third Reading: July 23rd, 1973
-4-
SC~I[~~LT~.,E ~~A~~
1. The permit fee for a swimming pool and fence installation shall be $70.00 for the initial $5000.00
of valuated cost of the pool plus $9.36 for each addition $1000.00, or part thereof, of valuated cost
with a minimum fee of $70.00.
2. No person shall install a swimming pool until a permit has been issued.
3. For the purpose of this by-law "valuated cost" shall mean the cost of all materials, labour and
services involved in the installation of a pool.
4. Refund of fees, where applicable, shall be in accordance with the provisions of Schedule `C' of
By-law No. 94-42, as amended.
5. A swimming pool shall be installed in accordance with the Lot Grading Policy for Subdivisions,
where applicable, and shall be installed so that surface drainage does not adversely effect any
adjacent property.
Corporate Services Departrnent
Clerk's Davisaora
Ynter-Depa~tr~ent GVlemorar~duan N1dg~Y'a ~alls
J c,i~.~u.i
~O: Councillor Carolynn Ioannoni DA~'E: June 29, 2009
& Members of the Community Services Committee
FI~OIVO: Dean Iorfida
City Clerk
Ext. 4271
RE: Va~an Mec~na ~equest
Staff received a request for a deputation by Mr. Anthony Annunziata of Vann Media. As the
correspondences will note, since late last year there has been discussions regarding a number of sign
applications by Vann Media.
Currently, Vann Media is willing to abandon a number (16 applications) of the disputed applications
but wish Council to consider a"swap" of the removal of five (5) signs from existing locations for
four (4) new locations.
Staff is of the opinion that the applicant should make an application for amendments under the (new)
Sign By-law, which contemplates amendments (see excerpt from the By-law).
In fairness to the applicant, they do not wish to pursue an application if Council has no interest
whatsoever in even entertaining such a swap (i.e., if such an application has no possibility of being
considered favourably, in light of the merits of the application, they do not wish to make the
amendment applications). Of course, as with re-zonings, the applicant always takes the chance that
such an application could be met with an unfavourable or negative recommendation report.
The applicant wishes to address Council in Community Services on their proposal. Its up to the
Committee whether they wish to hear from the applicant. Staff would recommend that Council not
debate the merits of the specific request, which should only come after an appropriate staff
recommendation report, but provide direction. Staff suggests the following recommendation.
RECOMMENDATION: That the applicant be directed to make an amendment application
under the Sign By-law.
Working Together to Serve Our Community
Clerks • Finance • Human Resources • Information Systems • Legal • Planning & Development
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C~~~~dc~c~r _4~ I.a~~~~c
June 17, 2009
Dean lorfida
City Clerk
City of Niagara Falls
4310 Queen Street
Dear Mr. lorfida
Re: Sign applications considered under the Old Sign By-Law
As a follow up to our meeting, I would like to request a meeting with the
community services committee to propose for consideration the permitting of 4
billboard locations identified on the attachment as locations 1,6,7 and 10. These
locations have been in dispute for some time as we have not agreed with some
staff over the interpretation of the old sign bylaw. These locations were all
submitted during the time of the old sign bylaw and prior to the new sign by-law
taking effect. We are also aware that your city solicitor has advised that 1 of the
applications, which was applied for on the same date of the passing of the
restrictive by-law (2005-215), does not need to be considered. Although we
disagree with his opinion (see attached letter from Sullivan-Mahoney) we believe
arguing over it in court is a waste of time and money.
In the package attached we have 20 applications that were rejected by the city
and are still in dispute. Vann Media Group is prepared to abandon 16 of the
applications, for council's consideration of the 4 locations (1,6,7 and 10).
Furthermore, we are proposing to take down 5 existing locations. That
represents a net decrease of one location in the city as a result of this proposal.
The locations we are proposing have been selected as wayfinding locations to
the Fallsview district as there is considerable demand for more signage.
Please advise if it is possible to incfude our proposal on the June 29t", 2009
agenda.
Thank you for your consideration
Anthony Annunziata
President Vann Media Group
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Corporate Servsces Depa~trnerot
Clerk's Division
Eroteo~-Departraient Mero~orand~am ~lag1Y°a ~alls
J cax:~u.a
~O: Councillor Carolynn Ioannoni ~ATE: June 29, 2009
& Members of the Community Services Committee
FFtOEVI: Dean Iorfida
City Clerk
Ext. 4271
Y~E: Agreeyneant to ~,ease ~anses wYt~a St. Ca~haranes 'g'ra~nsi~
Last week, in anticipation of GO Transit coming to Niagara Falls, Council was advised of a possible
leasing agreement with St. Catharines Transit (see attached).
Some Councillors raised concerns over the Mayor and Clerk executing the agreement as stated. As
a result, the matter has been brought before Committee this evening.
Staff has worked with St. Catharines Transit on a revised agreement, which is listed under the by-law
section of the Council Agenda.
RECOIVIMENDATION: For the consideration of Committee.
I
i~orking Together to Serve Our Community
Clerks • Finance • Human Resources • Info~rnation Systems • Legal • Planning & Development
~(6/23/2009) Dean lorfida Execution of Agreement with ~St Catharines Transit T Page 1~¢~
Erorn: Dean Iorfida
~o: council@niagarafalls.ca
~ate: 6/18/2009 4:11 PM
S~ubject: Execution of Agreement with St. Catharines Transit
Attachrvtents: GO.pdf
CC: Ed Dujlovic; Karl Dren; Ken Burden; Ken Todd
Council will recall at the last meeting there was a report (TS-2009-30) on the upcoming GO Train Service to Niagara Falls.
The report outlined the need to present expeditious and seamless service to those visitors arriving in Niagara Falls. To
accommodate the seamless service, the report outlined that it may require up to 5 additional buses.
The City will be able to lease 5 additional buses from St. Catharines Transit. An arrangement, and appropriate agreement,
has to be in place by June 27th (our next Council meeting is the 29th).
Although TS-2009-30 did not explicitly authorize the Mayor and Clerk to authorize any related agreements, it is felt that the
execution of such an agreement is in keeping with the spirit of the report.
llnless we hear contrary from Council, the Mayor and I will execute the appropriate agreement with St.
Catharines Transit prior to )une 27th.
If you have any questions, feel free to contact me or Ken Todd.
Thanks
Dean
June 8, 2009 TS-2009-30
a'~`~ .i'. ,M .
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~CANADA
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of IViagara Falls, Ontario
~~~~~~r~~~ i~ r~~r~r~
Members: ~~~r~e~~
Re: '9'S-2009-30 - GO Train Servace / IVoagara FaBls 'i'~ansit Update
RECOMMEIVDATION:
That this Report be received for the information of Council.
BAClCGROl1ND:
Although the announcement to service Niagara Falls with GO trains and buses was made
a few months later than the initial projected start-up date, it was welcome news when the
messages were delivered by Minister of Transportafion, Jim Bradley that #he GO train and
bus services would be servicing Niagara Falls effective June 27th and September 5tn
respectively. This delayed announcement has, however created some challenges for
Business Development and Transportafion Services staff to implement the necessary
infrastructure in a timely manner to address the anticipated ridership off-loading and
loading at our inter-municipal transportation hub on Bridge Street.
Transportation staff have been meeting with GO personnel in an effort to determine how
many customers may take advantage of the new services, especially the rail service, which
has the potential to off-load over 500 customers at our VIA Station at one time. The
challenge for Niagara Falls Transit staff will be to have the necessary resources in place
to expeditiously transport these customers to the major attraction destinations in as
seamless a-manner as possible. These resource requirements include; up to five
additional buses, increasing our staff complement, designing/printing macketing materials,
as well as additional operational and administrative tasks associated with the new initiative.
At the present time, city staff have been liaising with GO Transit staff to ensure a seamless
implementation of the services. There are issues surrounding the introduction of a
complementary fare, mainly due to the train station being a 1/IA facility, versus a GO
Transit facility. The ownership ofthe station enables GO Transit to subsidize municipal
fares, which enhances the fare collection process and convenience for the customer. GO
personnel are working fio resolue this matter, however if unsuccessful, customers off
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loading the GO trains wi11~.1fi:.V'e`to pay an additional fare to board a bus to continue their
trip to the various a s.
Co' mmunity Services Department
I Transportation Services
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June 8, 2009 - 2- TS-2009-30
Niagara Falis Transit staff have been busy working on addressing the operafiional
challenges, while supported by Business Development staff who have been assisting with
communications and marketing resources. GO Transit have been planning a thorough
launch of the service to ensure the marketplace is aware of this exciting transportation
opportunity. Internally, city staff have been developing routes and schedules to meet the
trains, as well as bring customers back to the station for their return trips. As mentioned,
this may require up to five additional buses, which can be leased from St. Catharines
Transit for the months of July and August for $3,500.00 per bus per month. While the GO
Train service continues beyond Labour Day weekend, Niagara Falls Transit has the buses
necessary to accommodate the loads through to Thanksgiving since our post secondary
institutional services do not operate on weekends or holidays.
In addition to their discussions with Niagara Falls Transit staff regarding service
requirements, GO staff have been liaising with various other transportation providers to
ensure the patrons on the train have convenient, affordable options when they arrive in our
City. They have been talking with the Casino's about the provision of shuttles, as well
services to the Shaw Festival initiating in St. Catharines. Therefore, every effort is being
made to secure the necessary resources to efficiently service the train traffic by Niagara
Falls Transit staff.
E@(VA~IC9AL COI~SIDERATIONS:
An estimated cost to provide the service has been forwarded to GO personnei for their
consideration. The expenses and potential revenues are as follows;
Expenses: ~
'~otal Expenses .....................................................................................$227,115.00
~2evenue:
Total Revenaae 75 600.00
tVet Cost (Expenses less B2evenue) ...............................$151,515.00
*Although GO personnel estimate 500 customers will arrive in Niagara Falls each Saturday
and Sunday, it is anticipated children will be permitted travel fare free on the two services.
City Staff are continuing ta negotiate a seamless, integrated fare with GO, to be offered to
the public, as well as, subsidy for our operational costs. Should fare subsidies be
unavailable to the City, then Staff will have to seek other financial options to pay for the
service, which may include Gas Tax reserves.
June 29, 2009 F-2009-37
Niagara~alls
c~~n~nnn
Councillor Caryolynn loannoni, Chair
and Members of the Community Services Committee
City of Niagara Falls, Ontario
Members:
Re: F-2009-37
Water Account Collections - Residential ~enanted Accounts
RECOMMENDATION:
That Council approve the following changes, to amend the City's Water By-law:
1) at the City conti its practice of s##ing off the supply of water for tenanted
wat accounts when t tenant fails to pr ide or continue to provide the required
deposi ' full;
2) In situatio wherein a cha e of tenants has ccurred, or a water account has
been shut o, he property own will be responsi e for the establishment of the
new account.
3) That the City contin its practice of co cting any residu amounts from residential
tenant accounts from t property owne s a last resort,
1. That the report be deferred for staff to work withthe landlords,through a well
advertised meeting, and Niagara Peninsula Energy to prepare a report on the
various alternatives available to protect landlords from delinquent tenants; and
2. That Council's representatives bring forward the issue of pr2vacy restrictions
related to tenant accounts to the Niagara Peninsula Energy Board.
~ACKGROIJIVD:
On July 23, 2007, City Council adopted changes to the City's Water Bylaw for the collection
of water accounts held by residential tenants. At the time of passage, Council requested
that staff report back on the impact of the changes.
The proposed changes made in 2007 were a result of Public concerns and consultation
and related specifically to:
a) the continuation of water supply once a tenant misses a payment
b) establishment of a tenant water account
c) the transfers of water arrears to the property owner
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June 29, 2009 - 2- F-2009-37
It is important to note that circumstances for all residential tenanted accounts are not the
same and these differences have posed operational challenges for staff. For instance,
some residential accounts are tenants in public or community housing. Other accounts
have family members renting from family members while other situations include multiple
residential accounts but with only one service. Each situation provides unique approaches
to resolve account recovery.
Shut offs - the experience of two years
Staff have implemented a process whereby, in circumstances where a tenant fails to make
full payment on the due date and after appropriate notice, the supply of water is
discontinued. In the 92 weeks since implementation, the City has sent out 678 notices for
shut off and have had to shut off 105 accounts. Many of these accounts have had the
service re-connected once the balance and fees were paid by the account holder.
In some cases, once a shut off was made, the tenant vacated the property without
repaying the balance. In these circumstances, the final bill was prepared and the balance
of the deposit was applied to the amount owing.
However, experience has shown that all tenants have not paid the full balance owing upon
the notice of shut off. As a result, there are circumstances wherein a balance has been
outstanding once the final bill is determined since the deposit is not sufficient to cover the
amounts owing. In these situations, the balance is applied to the property tax account, bvo
of the Municipal Act, 2001,s 398. This process has created significant additional staffwork
for a small portion of the City's water accounts.
Understandably, the practice of transferring outstanding balances to the property tax
account continues to be a concern to many landlords faced with an amount transferred
onto theirtax accounts. In total, $ 54,867 has been transferred during the 92 weeks. This
is a reduction from an annual cost of $76,000 in 2006. It should be noted that not all of the
transferred amounts relate to runaway tenants but rather include amounts for the unique
issues mentioned earlier.
Similarly, another issue that has continued to be problematic for the small subset of
residual tenant accounts is communication with the landlord. In cases where a tenant
leaves a property with an outstanding balance after application of the deposit, the
collection action is to transfer the remaining balance to the owner's property tax account.
The concerns expressed by landlords is the fact that the only communication the owner
receives is by mail, at the time of transfer.
Some landlords that have experienced the situation have raised concerns about the City's
failure to disclose full information earlier in the process. Two issues arise from these
concerns, both of which pose operational complications. First, during the time up to
notification from our billing provider (Niagara Peninsula Energy Inc.) that an account is in
arrears and subject to shut off, the status of the account is not provided to non account
holders, due to privacy of information concerns of the service provider. As stated, in most
cases the account holder pays the outstanding amount after shut off notification has been
received. Even in situations were their water service is shut off and subsequently turned
back on, the landlord will not be notified as the tenant has complied with payment
requirements. In all of these situations, additional communication with another party is a
further strain on operational resources. ~
June 29, 2009 - 3- F-2009-37
The real communication concern is for those accounts that the tenant leaves a balance.
To address this circumstance, staff have recently established a~link to Niagara Peninsula
Energy's billing database wherein City staff can immediately address account status for
tenants who are leaving so as to minimize further collection actions once accounts are
closed. Unfortunately, written confirmation cannot be made until the accounts are
finalized, deposits applied and collection by City is required since the full amount is not
known until these actions are complete.
Moving forward
As outlined, staff is satisfied that the process established have been implemented
satisfactorily, however there is a concern with the staff time required to address such a
small subset of water accounts. Staff believe that the costs associated with maintaining this
system of collection diverts staff's time away from more important tasks within the
operation for both municipal Works and Finance. As Council knows full well, the utility
Budgets face continued cost pressures and concerns about rates from residents continue.
Further, the process of establishing water accounts for residential tenants is unique in the
Region while across the Province of Ontario the practice is more widespread. However,
in the majority of centres that have water accounts for tenanted residential properties, the
unpaid balances are transferred to the property tax account of the landlord.
On the other hand staff understand the concerns of landlords. In the majority of cases,
the tenant pays the water bills as required and the account system works as needed. As
a result the need to transfer water arrears to the property owner has been reduced due to
the new measures. However, there continues to be a group of accounts that continue to
have payment problems.
Staff, feel very strongly that this is not the City's responsibility and an entire system of
enforcement should not be established to placate a few habitual problems. Since, a
residential property which is rented to a tenant is a business to the landlord, and the risks
associated with that business including the uncollectability of unpaid water should not be
transferred to all water rate users of the City. The Province of Ontario has provided
Municipalities this action to protect all rate payers.
It is important to find an approach that is fair to all, including a majority of tenants who
continue to pay their water accounts on time. Similarly, a new approach must address the
costs to maintain the system for a small number of accounts.
Staff believe that due to the time and costs required to manage residential tenant water
accounts that the City should adopt a long-term policy to have only landlord accounts for
water. However, staff recognize that such a transition if enacted immediately would create
significant disruptions to account holders who have positive payment histories.
As a result, staff recommend that the collections system remain intact except in a few
areas.
• For water accounts of residential tenants that have positive payment history that
accounts continue in the name of tenants.
• For water accounts of tenanted residential properties that are shut off for non
payment, the new account will only be in the property owners name.
June 29, 2009 - 4- F-2009-37
• That new water accounts for residential tenants be established in the owner's name
only. The only exception would be for residential tenants with a positive payment
history.
These amendments will continue to reward the account holders which adhere to the
payment schedules of the City, while addressing the issue of those accounts which do not.
Staff believes that the City should not be incurring a financial expense to offset a property
owner's business risk.
In summary, staff will review the measures undertaken and report back to Council as part
of the 2010 Utility Budget process.
Recommended by:
Todd H rrison, Di ctor of Financial Services
i
Approved by: ~t'~~~~'~
Ken Burden, Executive Director of Corporate Services
Res ectfull submitted: ~
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Ken Todd, Chief Administrative Officer
June 29, 2009 MW-2009-50
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Councillor Carolynn loannoni, Chair
and Members of the Community Services Committee
City of Niagara Falls, Ontario
Members:
Re: IVIV1l-2009-50
Review of Coty B~au9dings
~t~COIV19tA ~PV DA?~'sOtV:
That staff proceed with the review of all City owned buildings as per the process outlined.
That staff proceed with .the review of all City owned buildings as per the
BACKGROUND: process outlined without appra2sals.
During the 2009 Budget discussions staff identified the opportunity to dispose of buildings
surplus to City needs. The disposal could provide the City with additional revenues, if sold,
and potentially reduce future operating/capifial expenses. The review will use the following
process.
The first step will be to determine which of the buildings are surplus to City needs. Staff
will follow the same process that is currently used to determine which lands are surplus to
City needs, Once a list of potential surplus buildings is developed, a condition assessment
will be carried out to determine long term capital needs and the costs to carry out the
required works. Appraisals; will be carried out to determine the building value.
Discussions will also be held with stakeholders, associated with the various facilities.
Topics to be reviewed will include current/long term needs, operational concerns and
existing leases.
Once the above is completed staff will report back to Council the findings of the review
along with a recommended plan of action.
Approved by:
Ed jl vic, xecutive irector of Community Services
Respectfully Submitted by:
Ken Todd, Chief Administrative Officer
S:\REPOR7S~20091MW-2009-50 - Review of City Buildings.wpd
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June 29, 2009 PD-2009-39
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Councillor Carolynn loannoni
and Members of the Community Services Committee
City of Niagara Falls, Ontario
Members:
Re: PD-2009-39
AIVE-30/200~, Off~'icial P9an Amencl~e~$ AppVuca$iou~
Prop~osed 9~o~thvves~ vu~B~a~ ~oa~ndaay ~xpao~soon
RECOSVIIV9ENDA~80~9:
1. That the area proposed for an expansion to the urban area boundary in the
northwest quadrant of the City be designated as the next future growth area by the
Region and the City.
2. That the Region be advised of the above recommendation as the City's comments
on the Regional Policy Plan Amendment #198.
BACKGROIJND
This application by the Northwest Community Landowners Group (NCLG) is being brought
before Council, at the request of the applicants, for a decision in order that the proposed
urban boundary expansion can be dealt with at the Region (Appendix 1).
A public meeting was previously held before Council on February 11, 2008. Council
adopted the following recommendation from report PD-2008-14:
That Council request the Region to include the lands of the Northwest Community
Landowners Group within the Region's Growth Management Study as a future
growth area and involve the City in the process of the examination of the allocation
of expansion areas.
The Region's growth management strategy is now complete, culminating with the adoption
of Regional Policy Plan Amendment 2-2009 containing policies that serve to implement the
Preferred Option for Growth. Through this process, Regional Council did not include the
NCLG lands as part of the preferred option, but has allowed the application to proceed
independently and be assessed on its own merits, because the application was made prior
to the Province's adoption of the Growth Plan for the Greater Golden Horseshoe.
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June 29, 2009 - 2- PD-2009-39
In order for the NCLG lands to be included in the urban boundary, the applicants require
approval of its Regional Policy Plan amendment. The first step in this process is for
Council to formally render a decision on the application to amend the City's Official Plan
and to forward this decision to the Region. Although Council has been in support of the
proposal, a decision on the Official Plan amendment application has not been made.
This report outlines the issues affecting the application and the rationale for staff's
recommendation.
Overvse~nr o€ t~e Ps~oposa~
The application is to expand the urban area boundary to include 66 hectares (163 acres)
of land located in the northwest quadrant of the City was submitted in 2004. A mixed-use
residential and commercial development described as an "adult lifestyle" community is
proposed within this expansion area. The community would provide:
• 483 single/semi-detached dwelling units
• 880 apartment/townhouse dwelling units
• 5.62 ha (13.9 ac) for commercial development
• 3.28 ha (8.6 ac) for institutional development
• 3.86 ha (9.5 ac) of environmental protection area
The lands are located east of Kalar Road, west of IVlontrose Road, south of Mountain Road
and north of the Hydro corridor. The lands are occupi~d by the Club Italia building and
outdoor sports fields and recreational area, Redeemer Bible Church, Regency Motel,
Shady Oaks trailer park and a few single detached dwellings. The majority of the area is
fallow agricultural fields and some under cultivation. A branch of Ten Mile Creek flows east
to west across the area and through a wet wooded area which is situated centrally on the
lands. Surrounding land uses include vineyards and agricultural lands to the north and west
and the Niount Carmel residential subdivision, south of the Hydro Corridor.
P9arar~ic~g Ac~aBysas
Staff previously reported to Council on this application in report PD-2008-14, which is
attached for reference. What follows is an analysis of the major issues affecting this
application and staff's assessment of them.
1. Need
The critical issue for any urban boundary expansion is need. Because this is a
privately lead application, the need for an urban boundary expansion has to be
demonstrated by the applicant. The application was submitted in 2004 and therefore
is subject to the requirements of the 1997 Provincial Policy Statement. Although the
application was submitted in 2004 the proponents did not provide the needs
analysis until May 2007 when they submitted a Memorandum prepared by Hemson
Consulting. The needs analysis was reviewed as part of the City's IVlunicipal
Comprehensive Review of residential and employment lands.
June 29, 2009 - 3- PD-2009-39
Assessrnera$ - The City and Region conducted comprehensive reviews of land
needs to satisfy the requirements of the Provincial Growth Plan adopted in 2006.
Through the Region's study of land supply to 2031, the Region allocated a future
population of 106,800 to Niagara Falls. The Provincial Policy Statement allows
municipalities to have a maximum 20-year supply of urban land. Urban boundary
expansions are only to take place if the need is demonstrated and that there is
insufficient land in terms of Greenfield areas and intensification opportunities to
accommodate demand.
• Hemson Consulting, on behalf of the applicants, concluded that there was
a need for an urban boundary expansion by the year 2031 based on a
projected population of 103,000 people. Hemson's work, however, did not
include the applications of the Warren Woods or Thundering Waters which
converted lands from Industrial to Residential within the existing urban
boundary. These amendment applications were adopted by Council in 2008
and have now been approved. Nonetheless, urbanMetrics Consulting, in
completing its Comprehensive Review for the City having taken Thundering
Waters and Warren Woods into consideration, concluded that there is
sufficient land to meet projected need to 2024 which is short of the period to
2026. Preliminary calculations indicate a 20 year supply of residential lands
is available. Nevertheless, staff have learned that certain lands designated
for Residential development within the Thundering Waters area are actually
Provincially Significant Wetlands and cannot be developed, therefore,
reducing the amount of lands statistically included in the calculations as
lands for potential residential development.
• The Region has prescribed a density target of 53 people and jobs per
hectare for all greenfield areas in the City of Niagara Falls. This assumes a
standard of 19 residential units per (gross) hectare. However, looking at the
population projection of future growth for the City as part of the ongoing
Development Charges Study growth equates to 17 residential units per
(gross) hectare. If the City were to develop to this standard, the supply of
land could fall below the 20 year maximum.
• In order to meet the people and jobs per hectare target the amount of land
identified by the NCLG for employment purposes in this application would
have to be increased to meet the overall density target. Employment
generated by population growth (service commercial, retail, small offices) is
usually about 1 job for every 8 people. If lands were to be developed for
industrial-type or business park uses, a higher density, 30 jobs/ha, would be
applied which would have the affect of supporting the lower residential
density. Given the locational advantages of of the northwest community at
the QEW/Mountain Road interchange there is a significant opportunity to
incorporate industrial-type or business park employment lands because of
the QEW visibility and access. The mix of land uses can be established
through the Secondary Plan process.
June 29, 2009 - 4- PD-2009-39
2. Servicarag
The subject area is serviced in the following manner:
• the area has full municipal water supply serving existing uses;
• a private forcemain sewer system currently exists to serve Club Italia; and
• an Environmental Assessment (EA) for the extension of full sanitary sewers
and a pumping station has been approved for the area.
Assess~ent - IVew development in the City has followed an orderly pattern that is
directing growth in the residential sector to the south end. Part of this growth is in
the Warren Woods area and part in the Thundering Waters area. Last year Council
adopted Official Plan amendment applications to convert Industrial lands in these
areas to Residential for long term growth. Secondary planning is currently
underway for both areas.
In addition, last year the City completed the installation of two south end pumping
stations (Kalar Road and Grassy Brook). Development in this area is considered
a phase 1 development area. A portion of Thundering Waters can be
accommodated through existing services and would also be a phase 1 development
area. The legacy cost of the Warren Woods and Grassybrook infrastructure is to
be recovered as part of the Development Charge being proposed in the recent
Development Charges Study.
Extension of sanitary services into the northwest is essentially intended to rectify
existing health concerns. The costs to extend these services is beyond the
capability of the exiting uses. Further, payment of these services cannot be funded
through Development Charges because the lands are outside the urban boundary.
Therefore, it is not possible to resolve the on-going health problems being
experienced in the northwest area under the current land use designation.
Should the urban boundary be expanded, the Phasing Plan (Schedule B) contained
in the Official Plan would have to be amended to place this area into the servicing
strategyfororderlygrowth and development. In addition, the Development Charges
By-law would have to amended to include this project. If this were to happen, there
could be an impact on the DC By-law either by having to cancel some projects that
have been included in the By-law or increasing the Development Charge in order
to cover the increased costs.
3. Agric~Bta~ral Capa9~ulity
The subjects lands are rated as class 3 soils under the agricultural land
classification and designated Good General Agriculture in both the City's Official
Plan and the Regional Policy Plan. The policies in both plans call for the protection
of agricultural lands,
Assessrnent - An agricultural study has not been provided by the applicant that
demonstrates that the lands are not of a quality capable of supporting a viable farm
operation. Urban boundary expansions are typically located on agricultural lands
June 29, 2009 - 5- PD-2009-39
of lower agricultural quality. Nonetheless, certain urban type uses have been
permitted to develop including: Club Italia; Redeemer Bible Church; the Regency
IVlotel and restaurant; and Shady Oaks Trailer Park, as well as several residential
properties. The urban land uses between Montrose Road and IVlountain Road as
well as natural heritage features (woodlot & Ten Mile Creek), account for 40% of the
land area previously noted. Therefore, of the 66 hectares (163 acres) only 40
hectares (100 acres), approximately, are currently available for the farming
purposes. A portion of these lands were previously used for the Cupolo Sports Park
and the underlying condition of the soils is unknown.
In addition, regard must be given to the proximity of urban uses on the capability
to viably farm these lands over the long term. Immediately south of the hydro
corridor abutting these lands is the neighbourhood known as the IViount Carmel. A
potential conflict would exist between the residential area and the agricultural
operations with respect to dust from plowing, odours from fertilizers; noise and drift
of pesticides and herbicides. Thus, the opportunity to ensure fully viable farm
operations may be difficult to achieve.
4. Regsona9 Polacy P9ar~ Arvaendrnent
The establishment of the Urban Area Boundary is the responsibility of the Region.
In orderforthe urban boundary to be expanded as requested, the applicants require
approval of their Regional Policy Plan amendment application. The Region adopted
a motion which provides that the application of the fVCLG can proceed on its own
merits because the application precedes the Provincial Growth Plan. Council's
support of the application is the first step in this process.
Assessrme~ot- IViagara Falls City Council has consistently supported the expansion
of the Urban Area Boundary to include these lands in the Urban Area Boundary
dating back to discussions in 1983 including a motion in 1988, and periodically since
thattime, through to a motion on February 11, 2008. Council has identified the area
as being compromised for agricultural purposes because of the encroachment of
urban land uses into the area, the existence of full urban water supply and a partial
urban sewer, which pre-condition the lands for urban use, as well as EA approvals
to extend a full sanitary sewer system to the area. Council considers this expansion
to be a minor rounding out of existing boundaries which will allow it to deal with the
servicing of the area and resolution of existing health problems while allowing for
the planning of future growth.
5. fVature of tE~e Asneo~do~nerot
The applicants propose a mixed-use residential and commercial development
described as an "adult lifestyle" community which includes 483 single/semi-
detached dwelling units; 880 apartment/townhouse dwelling units; 5.62 ha (13.9 ac)
for commercial development ; and 3.28 ha (8.6 ac) for institutional development.
Accordingly, the lands would be designated Residential and fVlinor Commercial in
the Official Plan to accommodate the land uses.
June 29, 2009 - 6- PD-2009-39
Assess~ent - Under the Provincial Growth Plan, new areas should develop as
"complete communities". A complete community is one which is designed to "meet
people's needs for daily living throughout an entire lifetime by providing convenient
access to an appropriate mix of jobs, local services, a full range of housing and
community infrastructure including affordable housing, schools, recreation and open
space for their residents." The proposal, while providing a mix of residential,
commercial and institutional uses, would not fully meet this definition since it is to
serve as an adult community. In order to achieve the goal, a Secondary Plan would
have to be developed which would determine specific land use arrangements, road
patterns and servicing strategies to meet the needs of the entire community.
The Region has prescribed a density of 53 people and jobs per hectare for
greenfield areas. As previously stated, additional lands within this northwest
community would need to be identified for employment purposes. Potential exists
for a business park use which would provide such opportunities and, once in the
urban boundary, would meet the Region's objectives for the establishment of a
Gateway Economic Zone along the QEW corridor from Niagara Falls. The
identification of lands for this purpose could occur through the Secondary Plan
process.
Given that the exact areas for residential, commercial, employment are not yet
determined and will need to be juxtaposed with lands for environmental protection
for woodlot preservation and to recognize the Ten Mile Creek and associated
floodplain, the lands could be identified for "future growth" now which would allow
for the refinement of land use through the Secondary Plan process once the area
is incorporated into the urban boundary. The secondary plan would determine the
time frame and phasing of development.
COfVCLI~SION:
City Council has consistently supported the incorporation of the northwest lands in the
urban boundary as a rounding out of the current boundary. There is significant
encroachment of urban uses on these lands. The application would remove only 40
hectares (100 acres), approximately, from the Good General Agricultural designation.
Given the proximity of the existing urban area, it is unlikely that these lands will be used
for a viable long term farming operation. This together with its location in proximity to a
QEW interchange and the extension of sanitary services make this a candidate area for
a future urban boundary expansion.
While neitherthe Regional or City Comprehensive Reviews determined the need forthese
lands in the short to intermediate term to meet the anticipated demand, there is some
doubt that sufficient lands exist in the urban boundary to meet long term needs. This is
particularly true if all of the greenfield lands develop at a density lower than 19 units per
hectare. In order to allow these lands to come on-stream and not compete with planned
(and serviced) greenfield development in the south end and so as to not pre-empt
intensification in the Built-up Area consideration should be given to designating the lands
as a future growth area. Secondary planning could be commenced upon inclusion of the
subject lands in the urban area.
June 29, 2009 - 7- PD-2009-39
The Region should be so advised of City Council's support for Regional Policy Plan
Amendment #198 to bring these lands to be incorporated into the urban area boundary.
,
Recommended by: ~'~-~M ~
Alex Herlovitch, Director of Planning & Development
Approved by:
Ed Dujlovic, E ecutive Director of Community Services
Res ectfull submitted: ~
p Y
Ken odd, Chief Administrative Officer
A. Herlovitch:gd
Attach.
S:\PDR~2009\PD-2009-39, AM-30-2004 Proposed Northwest Urban Boundary Expansion.wpd
LocAT~ o~N ~aP
APPENDIX 1
,~,,,~~,N ~
~
.
Subject
Lands
~
N
~
~
, 5
1:NTS
AM-30/2004
February 11, 2008 PD-2008-14
l~Tiagara alls
~CANAUA
His Worship Niayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario ~~~~~~+~~~~~~~~t~9
~~r~k~i~~~i $n ~h~s se~sesrt v~ere
~dcap$ed by C~~y ~at~stcil
Members:
B2e: P~-2008-'64
AEVG-3012004, AppGaca~ioo~ $o Aav~~~td tN~e OfffaciaB 9~E~~o foo~ a
Pa~op~osed a.Da~ban Ao~ea Exg~ao~s6or~
~ast of PCa9aa~ Road, Wes~ o~ BVlo~roto~ose Ro~d, Soa~~B~ of N9our~tair~ Roac~
~~c9 9~o~h of B~yd~o ~~~at~s
App9ac~~a$: B~oe~f~vvest Coa~~ua~o6ty Lau~~Dowo~~rs Go~oup {Club I~aA6~, I-9arvey
Ho, CB~urc~a ofi~he RecBee~tves~, KaoneE A~oa~-94eer Farouk, Marga~et
Co~~oBly, B~iaga~a Spo?~s Cer~~re, e~ a9)
RECOAI~IVIENDAI'BO~V:
That Council request the Region to include the lands of the Northwest Community
Landowners Group within the Region's Growth Management Study as a future growth area
and involve the City in the process of the examination af the allocation of expansion areas.
~ACKGROIJND:
At its meeting of October 15, 2007 Council considered the Comprehensive Review of
Residential and Employment Land Needs and Supply, prepared by urbanMetrics inc. for
the City. Council approved the Comprehensive Review in principle with the exception of
recommendations that dealt with the expansion of the urban area boundary. Further,
Council amended the recommendations to require that:
• the pre-existing amendment application by the IVorthwest Community Land Group
(NCLG) proceed to a public meeting," and
• Phase 2 of the Grawth Management 4fficial Plan Review recommend amendments
to the Official Plan based on accommodating the City's growth needs to the year
2031 and that, in that context, the consultants evaluate the appropriateness of an
urban boundary expansion in the northwest portion of the City".
Prog~osa@
The application to expand the urban area boundary to include 75 hectares of land Iocated
in the northwest quadrant of the City was submitted in 2004. A mixed-use residential and
commercial development des :'~r~~':d:as an "adult lifestyle" community is proposed within
this expansion area. The ~ ion was held in abeyance pending a needs study. In
December 2006, the a submitted a needs justification report prep re y emson
Consulting. Community Services Department
Planning & Development
i~'or&ing Together to Serve Our C'ommunity ~
,y,. . r,,A,r~:_
' 1 • C• 1 ~ ~ .a. • °1 . , ,
Febra~ary 11, 2008 - 2- PD-2008-14
La~~ lJse
The lands are located east of Kalar Road, west of IVlontrose Road, south of Mountain Road
and north of the Hydro corridor. The whole of the proposed urban boundary expansion
would be south west of the Mountain Road exit off of the QEW. A branch af Ten Mile
Creek traverses the area and through wet wooded area which is situated centrally on the
lands. Surrounding the lands are vineyards and agricultural lands to the north and west and
the fVlount Carmel residential subdivision, south of the Hydro Corridor.
Circu9ataon Com~e~ts
• Regional Planning
- The Region is currently undergoing a Growth 11Aanagement Study as
mandated by the Growth Pian in cooperation with each local municipality.
The Study will sort out residential and employment land allocations as well
as identify redevelopment and intensification targets throughout the Region,
Alternative locations for development and the impacts of urban expansions
need to be considered on a broader basis than the limits of an individual
municipality's boundary,
- Regional Staff have noted that significant urban area expansions such as
this application should most appropriately be considered within a Regional
development context. It is expected that the results of the portion of the
Growth 1lllanagement Study dealing with future housing and employment
growth and the allocations to each municipality may be released by May
2008. The City is advised to defer a final decision on this application until
the results of the Study are released.
- A copy of the Region's comments is attached for information.
• Municipal Works
- The City's Works Department has noted that the preferred system chosen
to address the current septic deficiencies on the subject lands did not
consider the new development. Further studies would have to be
undertaken by the applicants to ensure that there will be no negative impact
on the existing system by the additional flows proposed.
• 1lllinistry of Transportation (MTO)
- MTO has noted that all future development of the subject lands will require
Ministry review and approval, included building/land-use permits. The
applicants may also be required to submit a Traffic Impact Study indicating
the existing and future projected traffic valumes and patterns as it impacts
the QEW and (Vlountain Road Interchange. IVlore detailed comments will be
provided by MTO when a formal site plan is submitted.
~ebruary 11, 2008 - 3 - PD-2008-'i4
PLANNING ANALVSIS
Pla~~a6~og Co~$ext
The Provincial Growth Plan requires that a municipally initiated comprehensive review be
campleted for boundary expansions and for the conversion of employment lands to non-
employment uses. Boundary expansion reviews must show that:
° there is not sufficient urban land both City and Region wide to accommodate
forecasted need;
° that the expansion would not result in greater than 20 years of supply;
• that the timing of the expansion will not adversely affect intensification inside the
boundary;
• that infrastructure can be provided in a financially and environmentally sustainable
manner;
• there are no alternative lower priority agricultural lands; and
• the City is moving towards a minimum of one full-time job per three residents.
The City engaged urbanlVletrics inc. to undertake a municipal Comprehensive Review of
Residential and Employment Land Needs and Supply. It represents the first half of the City
initiated review. IVleridian Planning Inc. will complete the review by providing the potential
for intensificatian of develaped areas and a strategy to direct growth in the City. The
Region has inifiated a Regional Growth Management Study. Ultimately it is the Region's
responsibility to determine urban boundaries and subsequent expansion(s).
Foreca~ted lVeeds a¢~d 20 Xear Su~g~Ey
The Comprehensive Reviews, prepared by urbanlVietrics inc. and Hemson Consulting Ltd.
agree that ultimately, an expansion to the urban boundary will be required to meet the
residential needs of Niagara Falls but they differ in the time frame.
The Hemson Report contends that the City does not have sufficient land supply under its
current designations to meet the estimated long terms need based on the projected
population of 103,000 by the year 2031. The potential conversion of industrial land to
residential within the urban boundary is not included in their projections.
In contrast, urbanMetrics' Comprehensive Review concludes that the City currently has a
10 year supply of residential land and that the conversion of the City's over supply of
industrial lands along with the intensification and redevelopment of the urban area would
meet the additional need for the medium to long term to the year 2024, This is still short
of the 20 year time horizon to 2026 and the Growth Plan period to 2031.
The City's Comprehensive Review recognizes that there may be a shortfall of land to
accommodate sufficient units over the next 25 years which may necessitate an urban
expansion, but suggests that the urban expansions wait until the results of the next
Febrteary 11, 2008 - 4- PD-2008-14
comprehensive review are done or when the City falls short of the 10 year supply as
mandated by the Provincial Policy Statements.
Recently, the Region's consultant, Dillon Consulting, released Anticipating fViagara, Report
2 of the Growth IVlanagement Strategy. The report finds that the low growth scenario
moderately underestimates future long term demand for housing in Niagara Region and
significantly understates Niagara's short and long term population growth potential,
Dillon examined a IVledium Growth Scenario for Niagara Region of 545,000 people by
2031. lJnder this scenario there are significant implications for Niagara Falls. Applying the
21 % historical share of Regional population, the City could reach 114,450 people by 2031
whereas the urbanMetrics projection had a high growth scenario of 109,818.
All these factors, along with Meridian's review of intensification, need to be taken into
account through the Region's Growth IVlanagement Strategy for the allocation of
development within the City and the remainder of the Region. 11//lost indicators point to an
eventual shortfall of land; the issue seems to be timing.
Effect on Bc~te~safaca~ioa~
The City's consultants preferthe conversion of surplus industrial lands ratherthan an urban
boundary expansion and believe that an expansion will have a negative effect on the
intensification and redevelopment of the under-utilized areas existing in the City. The
Hemson report does not speak to this issue.
Statistics maintained by the Planning Division indicate sufficient pre-zoned and unbuilt
rezoned properties to accammodate an estimated 4,624 housing units. The City must
make every effort to promote development of these sites. The Province requires that 40%
of new housing in the City be through infill projects and intensification by 2015. The City
will be required to balance development approvals between intensification and greenfield
development in order to meet this target. Further details of how and where the City can
meet this target is forthcoming through Meridian's work for the City's Growth Study.
E~fficue~~ po~fras~r~oc~a~rt~e
The Hemson report contends that the proposed urban expansion should be supported on
the basis that it will fix a poor urban edge; makes more efficient use of future servicing; and
is in an accessible location. Although the servicing proposed for the northwest is based
on relieving a health issue, it could potentially be expanded to supply services for new
development in the area to achieve efficiencies. The northwest area also has access to
established transportation infrastructure systems including connected arterial roadways
and a QEW interchange.
Other vacant areas within the urban area boundaries maybe dependant on the
construction of new infrastructure such as new bridges, sewage pumping stations or road
improvements which may necessitate new environmental assessments, significant
expenditures and time. Nevertheless, the provision of new servicing needs to be balanced
against the availability of land inside the urban area and the higher efficiency and cost
savings through intensification of development using existing services and transit routes.
Februaey 11, 2008 - 5- PD-2008-14
Lower Priori4y Agracu0turaB Land
A study confirming that there are no reasonable lower quality agricultural lands that can
accommodate an expansion has not been submitted by the Northwest Community
Landowners Group as required by the Growth Plan. This is will be needed in the future
when the Region is assessing future expansion areas across the area along with the
amount of non-rural uses in this location and its location along the QEW. Nevertheless,
the Region observes that, although the quality of the land appears to be good and portions
have been actively farmed over the years, the history of urban development into the area
cambined with land fragmentation and altered land ownership pafterns make it diffiicult to
ensure the protection of this area for agricultural production over the long term.
~re-exis$ung Apg~86~atuon
The application by the Northwest Community Landowners Group to amend the City's
Official Plan as well as the Regional Policy Plan was submitted prior to the Provincial
approval of the Growth Plan. As such, the private application enjoys certain rights as a pre-
existing application. The Region held a public meeting on the Regional application and the
application has been circulated for comments although no recommendations or decisions
have been made. As part of the circulation of AIVI-30/2004 for this public meeting, the
Region has forwarded this application to the Ministry of Municipal Affairs and Housing
(NIMAH) as part of the mandate to review applications for conformity with Provincial policy.
No comments have besn received to date from MIVIAH.
CONCLUSGON:
Numerous unknown factors play a part in examining future urban expansions to
accommodate growth through the different growth periods. The applicant, City's consultant
and the Regional consultant all have variations within their estimates of future population
growth and the land needed ta accommodate the necessary housing units. It appears
some urban expansion will be necessary; it is a matter of when and how to balance new
growth, intensification and conversion goals. The subject application pre-dates approval
of the Provincial Growth Plan. The long term use of the lands for agricultural use is at risk.
For these reasons, the Region should consider this application and its lands through
Dillon's examination of future urban expansion areas.
Recommended by: ~ ~c.~tY t~-
Alex Herlovitc , Director of Planning & Development
Approved by: ~
Ed jlovic, ecutive Director of Com unity Services
Respectfully submitted: ~
Jo MacDonald, Chief Administrative Officer
F.Berardi:yb
Attach.
S:\PDR~20081PD-2008-14, Amend the Offlcial Plan for a Proposed Urban Expansion.wpd
. _ ~ _ . . . ~ ~ _ - . . . . _ _ . . . . . _ . _ . . . . . . _ . . v ~ L J L I ~ ~ L
{ ~
~~r
,~:~A~~ The Regional Munloipaliiy of Niagara
N 11¢~a.f"a. ~~C'Q 1 O~1 ~2p1 St. Dav1d's Raad, P_0. Bax 9 042
o b Thorofd, Ontario 12V ~T7
Telephnne; 905-9843630
PLANN9NG AIVD DLV~I,OPNiENT Fax: 805-G4'[-5208
E~rrtail: plan~regional.niagara.on.aa
January 24, 2aas
Flle: D.13.RE.am-996
Mr. Alex Herlovitch, AIICIP, RPP
Director af Planning
City of Niagara Falis
a310 Queen St.
Niagara Falls, ON 1.2E 6X5
Dear Mr. Herlavitch:
Re: Proposed Expan~ion 4o the
Niagara Falls 19rban Area Bou~~~ry
fVor~hwest C~uada~~r~~ ~.amds
~ iUlo~tatain Road, FCaear Ro~c9, IIAo~trose Road
Gi#y of Niac~~t'a Falis
In response to your request, 1 have prepared the fofiowing comments for your consideratiQn,
The northwest q~adrant lands are fhe subject of a iVlay 2004 appiication to ~mend the Regiona!
Policy P1an (ROPA 196). The appiic~nt ~t that fime was Marmat Canstruction Limited. It is
understood that the applicant has now been revised to Northwest Cammunify Landowners
Group.
The property involves about 75ha (185 acres), Existing land uses include Gfub Italla, Church of
the Redeemer, the Regency Hotet, the 5hady ~~ks Trailer Park and three existing residential
U505.
The applicant proposes a mixed-use re~idential and eomrnercial ~adult lifestyle" community. A
total of about 9,400 residentiel dwelling units are proposed. Thls total incfudes about 1,150
singie family, semi-detached and row house units. The remaining 250 dwellings are praposed
to be apartment units.
~ The sketch pfan submitted with the applicatian shows the Regency Motel site as a Tourist
Commarcial Use and the Shady Oaks property is identified as a proposed o~ce commercial
use.
The Planning and Development Depa~ment circulated the materials submitted by the applicant
to a number of agencies for cnmment. The agencies circulat~d inc{udE:
~ The Regfonal Public Works Department.
~ The~Regionat Public Health Dep~rtment.
¦ The Niagara Penlnsula Consenration Authority.
¦ TMa Niagara Escarpment Commission.
¦ The Niagara Eaonomic Development Corpor~tion. .
Bu!lding Communhy, Buflding Ltves.
2
= The Ministry of Municipal Affairs and Housing.
To date, only the Regional Public Health Department and the Ni~g~r'~ Esc~rpment Commission
have submitted comments. The Allinistry of Municipal Affairs and Housing has indicated that
they will no# be able to provide comments to the Region on behalf of themselves and their
member ~/IinistriES before January 28, 2D08 which was the deadline given to al) agencies.
I have attached a capy of tha comments recaived to date for yaur in~orm~tion.
P6a~ninq Carr~ment~
The proposed expansion area is loc~ted outside the Niagara Fail$ Urban Area in an area
designated "Good General Agricultural Area" in the Regiona! Polfcy Plan.
Policy 5.6 in the Regional Policy Plan sets out criteria for the revlew of praposed urban
bovndary expansions. They include:
¦ the need for the praposed uses and the benefi~s and costs to the local and Regi~nal
cammunity. The neEd assessmer?t should cansider the amaun# of developabie land within
existing urban areas, the demand for the type of development proposed in relation to the
demagraphic forecasts for the local municipality and the Region, and opportunities for
accornmodafing development witttin the ~xist~ng urban areas;
¦ the avallability ofi suitable altemative loc~tions within the municipality for prapos~l$ only
serving local residents. For all other applications involving prime agricultural lands, the
availabiliiy of suitable alternative Iocations alsv shall be considered;
• compliance wit~ the abJectives and policies of this Plan Including preference Poe poor quality
agricultural lands for development, preservation of high quality agricultural land for
agricultural uses, prot~ction of natural resaurces, and support far physically separate urban
cammunities;
~ the location and efFect of the new boundary on those lands and activities remaining outside
the urban area;
¦ the availability and capability of servicing facilities; and
¦ the camments of local munlcipalities on the demonstrated need, the evaluation of local
resources, and the opportunity for ~rderly, efficient and economic growth.
The ~rst fv~ra of fhe abave criteria 8re of key importance in the consideration af this particular
expansion, that is: the need for the proposed residential use and the availability ofi altemative
lacations elsEwhere.
The quality of fhe agricultura( land in this area appears to be good and partions af the site have
~ been actively formed over the years. However, the history af urban development into the area,
includin~ Club Italia, the Church of the Redeemer, the fflrmer Cupolo Sports Park and the
Regency Motel, combined with land fragmentation and altered la~d ownership paitems make it
difficult to ensure the protectlan of this area for agricultural production over the long term.
Vl4ii LJ~ LVVV L~JVii~~ i~rvi~v~~~~.. .._...r._~ ~
3
Ten Mile Creek drains the site east to west and is identified as a Type 2 4mportant Fish Habitat
Stream. There is also a waodland area on the Club italia property identified as an
Env'rronmental Conservatian Area ln the f~egion's Environmenta~ Policies, Stormwater
management, pratection af ~sh habitat and protectfon of valuable woodland areas are important
enviranment~l issues but in this ~rea are not considered in themselves ta be determinative in
resalving ttie fundamental issue of whether the urban area shoufd be expanded to incfude this
area.
The Region has supported the extension of municipal services to this area to address health
concems and to sarve the existing d~velopmenf.
Kalar Road and NPountain Road represent clear and easily identi~able Urban Area boundaries.
The ~xisting Hydro corridor boundary, however, is equally clear and identifiable and has the
added benefit of providing a more substantial buffer than a road.
NeetB and the Ava8labi~itv of Alt~a~natuve. ~~cations
A report prepared by Hemsan Consulting Ltd. for the Northwest Community Landowners Group
addressed the issue af need and questions of alternative development areas. To the
consultants credit, they framed their report and their concluslans within th~ palicy cont~xt of the
"20~5 Provincial Policy 5tatemant" (PPS) and "The Grawth Plan for the Greater Galden
Horseshoe" (the Provincial Growth Plan).
Hemson relied on the papulation and in employment distribution figures set auf in 5chedule 3 af
the Provincia! Growth Pian for the Region of Niagara.
Based on the assumptian that Niagara Falls would account for aboufi 25% af over~ll Regional
population growth, the total population for Nfagara Falls was forecast to be 98,700 in 2026 and
103,304 in 2039.
It was then estlmated that ~bout 11,000 hausing units would be required to accammodate the
future growth af the City af iViagara FaUs between 200~ and 2031.
Based on information provided by the City of Nlagara ~alis, Hemson indicated that there were
about 8,50o residential units available In various stages of planning approval.
The cansultant conciuded that there was lnsu~cient land available to meet the forecasi need
and that the 1,400 units within the northwe5t quadrant wou{d be required to address not only the
projected deficiency in total demand, but the proJected short~ge of ground oriented housing
units,
The City af Niagara Falls referred the Hemson report to UrbanMetrics Inc. to be considered as
part of the City's comprehensive re~view of resldenfial and empfoyment land needs.
UrbanMetrics completed lts report in October 2007 and submitted it to the City.
The UrbanMetrics study generally agreed with the basic analysis in the Hemson report but had
more serinus disagreement writh conclusions arising from the analysis.
The Urb~nMetrics study found nearly 10,000 residential units in lts analysis of supply compared
to about 8,504 in the Hemson study. UrbanlUletrics did not accept the conclu~ion that the
norfhwest quadrant was best area in whfch to accommodate residential d~velopment. Thelr
v~ L J L 1 J
4
study supparted loaking inside the urban areas to fnd residential need solutions befare going
autside.
The re~ort still found that suppiies of I~nd inside the urban area were nat sufficient tc~ meet the
25 year demand far residential development. The UrbanMetrics report, how~ver, supported the
conversion of industrial lands in the Warren Woods and Thundering 1Neters area to meet some
of that demand. The study did nof support expansions to the urban area to meet that demand.
The study argued that growth outside the urban area boundary, in the near to rnedium term,
may have damaging impacts pn the take-up of more centrally l4cated residential infill and
redeveloprnent opportunities that extst within the urban area and as such would not represent
gaod pl~nning and wautd not be consiste~t with the provisions of the Provincial Growth Pian
that emphasize infilling, intensification and the efficient use of existing built up lands.
Accordingly, th~ s#udy recommended that fhe northwest quadrant expansian should be deferred
to the next municipai comprehensive review ar alternatively, when the municipality is no longer
able to support its 10 year Fiousing supply requirement.
Rea~6oroa8 NDaaara's G~ow~~ Pro~ectlot~s
The most recent populatian estimates prepared far the Regional Planning and Development
Department are similar in some respects to the ~gures used by both Hemson and Urban
Metrics. The total number af esfimated future households prepared by the Rsgion are
somewhat lawer than those used by Urb~nMetrics but not dramatica(ly different. The major
difference appears ta be in the allocafion of th~ overall Regional housing units to the City of
Niagara Falls. The Region's figures assume that between 18 % and 23 % of the new housing
units will be in Niagara Falis while the Hemson and UrbanMetric studies both appear to provide
for about 25% of the total househplds in fhe Cii}r of Niagara Fa~ils. It is betieved fhat
UrbanMetrics use of 25% may be based on ~ misinterpret~tion of historical distr~bution rates.
Betwesn 1966 and 2006 the perc~n#age of total Regional housing cornpfetions tha# were in
Niagara Falis was about 17~o rather than the 23% calculated by UrbanMetrics. UrbanMetrics
appeared ta have relied on their calculation af historfc household distribution to project future
distributions. The differenees are irnportant since the Ftegional distribution scenarios of 18%
and 23% would suggest that there ar~ sufficient lands within the Niagara Falls urban area to
meet future needs up to and beyQnd 2026. The UrbanlVletriw figurES fEad ta fhe conclusion that
the demand cannot be met by the existing supply of residentiaf land. The Region's most recent
dwelling unit allocation figures for Niagara Falls provide for 66b0 and 9170 new units between
2005 and 2026 and about 8,900 and 10,400 units between 2005 and 2031 ba~ed on the 18%
and 23% scenarios.
The Prov6nc8al Polfcv Statennen~ amd the P~ovlncla9 Growth ~°9ara
The 1997 Provinciai Policy Statement provides in Se~tlon ~.1.1(c) that urban areas will be
expahded only where existing designated areas in the municipality dQ not have suffrcient fand to
accommodate growth projected for the municipality, Land requirements are to be determined in
accardance wifh the provisions in Section 1.1.2 of the 1997 Provlncial Policy Statement which,
among other criteria, limit the time horizon for projectfon to a maximum of 20 y~ars.
Sectian 1.1.1(e) indicates that where upper tier planning taEces place, projections for
municipalities will be ca-ordinated and alfacated by upper tier gove~nments, in consultation wtth
lower tiEr govemments.
, irv, LJLI I. U
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The 2005 Provincial Palicy Statement, in Section 1.1.3.9, requires that the estab(ishment of new
settlement areas or expansions t~ existing settiement areas occur anly at the time ~f a
"comprehensive" review. Section 1.2.2 states that the upper tler municipalities, in consultation
wifh lawer tier municipali#ies shall be responsible for identifying and allocating housing and
employment projecEions for Iower ti~r municipalities and that these projections should be based
on and reflect Provincial Plans.
The Provincial Growth Plan for fhe Greater Golden Horseshoe wrhich took effect on June 16,
2006 established population and employment allocations for municipalities within the Greater
Golden Horseshoe inctuding Niagara. The Plan restates the need for a comprehensive
municipal review before any settlement area expansion can occur and sets out components of
that comprehensive review in Section 2.2.8(2) of the Growth Plan.
The Regional Municipality of Niagara, in cooperafion with the local municipalitiES, is preparing a
Growth Manag~ment Strategy in which future housing and employment growth will be identified
and aUocated to the local municipalities. The results vf that study are not yet available but
shouid ba released as eariy as Aprii or May of 2008,
Conclusions
Hemson Consulting has prepared a needs sfudy on behalf of ifs client. Likewise UrbanMetrics
ha~ considered the residential and employment land needs for the City of Niagara ~atls and has
raised some questions regarding the conclusions In the Hemson Study including the impact an
infiAing and intensification efforts in the central area of the City.
The Region, in cooperation with each (oca! municipality, will be sorting out re~idential and
employment land allocations as well as identifying redevelopment and fnfensifieatian targets
throughout the entire Region, including the City af Niagara Falls. Significant urban ar~a
expansions such a~ this should most appropriatefy be considered within a Regional
develapment context. The issue of alternative locations for devetopment and the Impacfs of
these sorts of expansions need to be considered on a broader basis than the limits of an
?ndividual municipafif~s borders. It would be prudent for the City to defer ~ final dacisian vn this
application until the res~l~s af the Growth Management Study are released. As you know, the
Growth IVlanagement Strategy represents a collective and caoperative growth analysis involving
the Reglon and all twe(ve municipatities incl~ading Niagara Falls and should provide a sound and
defensible basis for the consideration af any urban area expansion.
Yours truly,
Drew Semple, MCIP, RPP ~
Senior Planner ~
c. Peter Calosimo, Regianal Planning Dept. ~
~
01/29/2008 11:25 416-235-4267 CORRIDOR MANAGEMENT PAGE 02
~y.
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PGIhIS~Iy bf R~inist~t~ des ~ ,
Transporlation Transpprts l' r~::~
Comdor Management Seotion Sectlon de la gestlon des coulars .y J
Central Regioh rouders / ~ ~ ~ ~ ~
7~" Floor, Bidg, D RAglon du Cenfre t
1201 Wllson Avenua 78 ~taQe, ~diflce b
qownsview, ON M3M 1J8 1201 avenue Wifson
Adrlan Fimtani Doumsview qN RA3M1J8
Tel (418) 23&53B3 Adrian Firmant j
Fax (416) 235-d287 T91: 416 239.3383 I
Email: adrian,firmani~onteuio.ca T~I~C: 416 235-4267 ~
Ernail: Ad~ian.fimtanl~ontario.ca
~
January 28th, 2007 ~
i Fblc: AN~-30/2044
Ale~c ~er.~ovitcl~
Dircctor of Plannin$ & Development
City of Niagara Falls
Planning and Development ~
4310 Queen Stteet, 2"a F~oor
Niagara Falls, Ontario
L2E 6X'S ~
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Dear Mr. Herlovitch I
ffte: ~ff~cial Plaaa Aanea~eirnen~ ,~~p~placa~on ~
F`urth~r to your circulatian received Januaxy ~S~', 2008, t~.e M.~ra,istry h~as xev~iewed the
above n,oted app,ixcat~oz~. xn accorda~ce with thc ~equire7menl;s under the Minist~ry's Pulalic
Ty'arrsportation and Highway Improvement Act. We p~vide the followin$ oomments:
~'kae owtter must alsv be advised that NTinistry bui.~da~~/land-use pemuts will be rcquixec~ for all.
btulduigs and st~uctuz~es within 46 metres (150 feec) fi'om~ Q~W p~pe~ty ~i~t, 396 rneters from
the intersection a~'tf~e QEW a~t~d Mountain Road. In a~ddition, no pre~ser,vicaa,~g, grad~n,g, and
i.~.sta~lation of signs ~n thc subject land is pe~xn{tted w~thout the issuanc~ of Ministry pexm,its.
In Sez~eza~, the applioant should be aware that ~`uture development of thcsc lands will
~equirv Ministry review an,d appznval. A11 prop~sed p~,max~ent bui.ldx~ags and structures both
aboue an.d beZow ground, utilities, ~ontage roads, fu~c~routes, essential ~a~,Ci,t~g, a~d stormwater
z~a~agcment ponds, m.ust be set back 14.0 metres fro t~,e Q~~T prop~y line. All grading o~
any kind w{il, rzot be permitted on QEW p~topexty, ;
'z`he applicant will be requxz~ed to submit a fuIl ~SCale (1;S00) site plan, a site servica.~n.g a.nd
Srading plan and a detailed stormwater rnan,agez~z~nt ~1an and repo~t .izzdacating thc changes in
drairiage ruz~~o£f caused by the deve~opment, and the r~tezaded treatment of'this ealcul.ated runa£F
as it iznpacts on the Q$W ~g~t.p~
~,ay, ~e applican~ may a~so be zequired to submit a Traff~c
Impact Study iz~dxcating the existing an.d ~'uttue projected tca~'~c volumes and ~atte,r,txs as it
impacts the QEW and ZVlountain Road Intecch;az~ge, '~e ~~y.~, .~,v~ll provide more deta~~ed.
camm.ezzts whpn a formai si.t~ p~~ is subinitted. I
~
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~ ' 01!29/2008 11:25 416-235-4267 CQRRIDOR MANAGEMENT PAGE 03
~'his tand is within the Ministry's area of Perniit C ntrol and the applicant should be m,ade
aware thaz 7vlinistxy buildiz~glland~use pexuuits wxll. be ~equired pz~{oz~ to any grading and
constxvct~on an these lands. Sigrt permits may be requirad as we11. t111 a~licable MTO pernaits
may bc ohtaincd from our offiee located on the 7"' ~`lo6r, Atrium Tower, 1201 W.~].son .A.r~er~ue,
Toronta, Ontario M3M 1J8, at~d they are aiso availabl~ otz our website at:
www zzxto,~ov,on calen~lish/engineering/mana~ementrcorridor/index htm~
Zf ou k~~ve an `
Y y questions, pl~ase feel free to contact r~ic,
Re~a,rds, i
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t/ ~ 7•V'wlr~Ln,j'/i~':4'•y-~kf•w,~,; '
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Ad~.Sll ~xR'I18ri1 '
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~'CCIll11C12,T1
Coz~ri@oz~ ManagEment Section '
Ministry of Transportati,on ~
7th Floor, Building "D"
1201, W~1.soz~ A.venu.e, D~wnsvicw, Ontario, ~v.[31V.~ ~J8~
'~el, (416) 235-5383 I
Fax• (41G) 235~4267
E~mail: adrian.~irm,an.~(c~ptttario ca ~
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6`"1GV~~ V E~ N
To Director of Planning , ~ _ ~ ~ ~
JAN 312~Ga ~ ~ ~~G~n~n~
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Cl~ Fl~e: ~~-30/2004 PLANPVING
& DEVELOPMENT ~ CL~t.
J
I~espo~ding to the Zoning ~y-law No. 79-200. Ta expand the ~
~rban area. boundary to include 75ha of land located in the TVor~h
West quadra.nt of the city. 1Vgario and An~a I~iFilippo, Amgeline
I~il~ienzo and 1V~aria ~iRienzo a.s land ow~ners of 8236 Iviountain
Road agree to the expanding of the urban area boundary.
Thank you,
June 29, 2009 PD-2009-50
/ r_ f
f%° ~
l~~a~ara~alls
C~ANAllA
Councillor Carolynn loannoni
and Members of the Community Services Committee
City of Niagara Falls, Ontario
Members:
Re: PD-2009-50
SVlatte~s Aruss~og frou~ 9Vlaao~ica~al Fie~itage Corv~rmitrtee
R~COIVBNEEG~DATG0~9:
That Council considerthe following recommendations concerning matters arising from the
Municipal Heritage Committee:
1. the recommendation of the Municipal Heritage Committee regarding the rezoning
and merging of lots north of the Spence Weaver House be referred to staff for
discussion with Mr. & IVlrs. Barclay to be addressed in a future report as directed by
City Council on June 8, 2009;
2. the restoration of the stone stair railings be re-tendered in accordance with the
specifications of the Municipal Heritage Committee; and
3. that Council endorse the recommendation of the Municipal Heritage Committee
concerning the replacement of the verandah floor at 2992 St. Paul Avenue.
BACKGR0~IND:
The Municipal Heritage Committee held is regular meeting on May 27, 2009. Three
matters require Council's consideration.
1. Spe~ce We~ver F9o~ase, 6590 Daaro¢~ S$ree$ -~eclaratuon of ~ot ~s S~urg~lus
The IVlunicipal Heritage Committee was asked bythe owners of the Spence Weaver
House to assist them in their discussions with the City regarding an abutting lot that
has been declared surplus by the City.
The property in question is an abutting lot north of the Spence Weaver House and
was created as part of the Plan of Subdivision for the area that includes Leawood
Court. The Spence Weaver House is the original homestead that was part of the
Weaver farm and was built in approximately 1835. It was designated under the
Ontario Heritage Act; _in 1978. The lot to the north of the Spence Weaver house
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June 29, 2009 - 2- PD-2009-50
was specified in the original subdivision agreement as part of a'grant for public
purposes'. The lot is owned by the City and has remained for all intents and
purposes as the front yard of the Spence Weaver House since the subdivision was
created in 1973.
The lot was the subject of an Agreement with owners that they would have the use
of the lot as long as it was maintained by the owners of the house. The City has
always retained a right to end the agreement upon six months notice to the owners
of the Spence Weaver House. There have been several agreements with varying
terms, with the most recent having been renewed for a 10 year period that expired
in 2001. In the fall of 2008, the City offered the current owners the opportunity to
purchase the property at the appraised value of $65,000.
The current owners of the Spence Weaver House met with the Committee. They
are interested in adding the lot to the front yard but believe the price is beyond their
means and in excess of the value as a lot addition. The options presented by the
owners were discussed:
- re-establishing an agreement with a 25 year term, this still carries the
problem of a 6 month notice to cancel; or
- establish a Municipal Heritage Easement agreement, which would be
anotherform of legal agreement essentially freezing development ofthe land
for heritage purposes, which is not very different from what previously
existed; or
- a zoning change to down zone the property restricting the existing residential
use, which would finalize the land use issues.
The Municipal Heritage Committee adopted the following motion:
"That Council consider the recommendation that the lot to the north of the
Spence Weaver House be rezoned and combine the 2 parcels into one lot
and make it available at the re-assessed value for the purpose of allowing
the existing use only in order to preserve the view of the front facade and
natural heritage value of the property. "
City Council on June 8, 2009, referred the matter of the disposal of the vacant lot
at 6592 Dunn Street to staff for discussion with the owners of the Spence Weaver
House and report back to City Council. The recommendation of the Municipal
Heritage Committee should be considered as one of the options.
2. Forov~e~ Carroegie Liba~art~y Baailding, 50'Y7 Vac$oroa Ave~ue - Resto~atao¢~ of Stone
Stair Sade Rai9ungs
In late 2008, the restoration of the sidewalls was contemplated by the City's
Municipal Works Division and the Municipal Heritage Committee. Due to the time
of year, it was decided that the work could be held over until the spring of 2009.
Over the winter, the sidewall on the north side of the stair way collapsed. The wall
was stabilized to prevent further collapsing or damage to the remaining stones.
June 29, 2009 - 3- PD-2009-50
Four quotations were obtained:
Coo~$ractor Cost IV9orta~ NEix Corn~nents
KCIVI Maintenance $ 8,000.00 Type S mortar No indication of
sourcing stone.
Subcontracting work.
Empire $33,837.50 Unknown Cost prohibitive
Restoration
Heritage Brick & $19,500.00 Existing mortar to Will source
Stone be analysed and replacement stone.
then duplicated Mortar will be
replaced with exact
match.
D& D Masonry $ 4,500.00 Unknown No details provided
as to proposed work
and how completed.
The Municipal Heritage Committee's recommendation is as follows:
"That Council considerthe Municipal Heritage Committee's recommendation
to accept the quotation from Heritage Brick & Stone for a cost of $19, 500 for
the restoration of the side stair railings of the former Carnegie Library
building. "
The Municipal Heritage Committee selected the quotation of Heritage Brick and
Stone as the contractor's work matched closely to the Ministry of Culture's
guidelines in the restoration of stone masonry. The contractor advised that they
would remove and reclaim wall stones down to footings or sound wall structure.
The mortar to be used would be a heritage blend of mortar, the joints would be
finished to match existing joints and they would locate and supply the closest
matching stone. The details presented demonstrated the expertise of this
contractor over the others.
The two lowest bidders did not provide the Committee with satisfactory details of
theirwork program and as such, were rejected. Because ofthis, the Committee has
recommended that tender specifications be prepared for each project in the future.
There is significant discrepancy between the high and low bids for the restoration
of the stone railing. The bids were solicited without a full description of the work to
be undertaken. Given the IVlunicipal Heritage Committee has identified specific
requirements to be followed regarding mortar mix, mortar joints, replacement stone
and Ministry guidelines, the project should be re-tendered following municipal
protocol with specifications in accordance with the Municipal Heritage Committee
requirements.
June 29, 2009 - 4- PD-2009-50
3. Oswald House, 2992 St. Paaal Aveo~~ae - Replacement of Verar~dah Floorirag
The IVlunicipal Heritage Committee was consulted by the owners of the Oswald
House in regards to the replacement of the flooring of the verandah on the south
side of the house. The request is not for a grant, at this time, but rather approval
of work to be carried out.
The owners advised they would be replacing the boards which are currently 3" wide
pine, with 5" wide pine boards that are the same as what currently exists on the
front (west side) of the house.
The Municipal Heritage Committee supported this request as it was a restoration of
an existing feature with similar materials.
The following motion was adopted:
"That the Municipal Heritage Committee recommends approval of the
proposed work as it is not considered to affect the reasons for designation."
CONCLUSBON:
Council should considerthe recommendations ofthe IVlunicipal Heritage Committee having
regard for staff comments.
Recommended by: l~.~~ 1~"'
Alex Herlovitch, Director of Planning & Development
~
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Approved by:
Ed Dujlovic, ecutive Director of Community Services
Respectfully submitted:
Ke Todd, Chief Administrative Officer
PB:bp
S:\PDR~2009\PD-2009-50, Matters Arising MHC, Spence Weaver House.wpd
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T"he City of Niagara Falls, Ontario
Resolution
rro.
~o~e~ ~y
s~~o~~ea by
W~IEY~AS all meetings of Council are to be open to the public; and
W~IE~AS the only time a meeting or part of a meeting may be closed to the public if the subject
matter falls under one of the exceptions under s. 239(2) of the Municipal Act, 2001.
'g'~~fl2EFOItE gB' I~SOI.VED Z'~YA'B' on June 29, 2009 Niagara Falls Council will go into
a closed meeting to consider matters that fall under the subject matter of 239(2)(c) of the Municipal
Act, 2001, a proposed or pending acquisition or disposition of land by the municipality, 239(2)(~
to receive advice that is subject to solicitor-client privilege and 239(2)(d) labour relations.
ANI~ '~'Yae Seal off the ~or~ora~ion be ll~ereto af£nxed.
DIEAIV gOi~'I~A R. 'd'. SALC~
CI'~'Y CILEI~ NIAX~I2