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2010/06/14COUNCIL MEETING Monday, June 14, 2010 Order of Business and Agenda Package Niagaraa11s A A CAiV U Niagara Falls Soccer Club Mayor's Youth Advisory Committee Greenest Non - Profit Organizations COUNCIL MEETING June 14, 2010 PRAYER: Councillor loannoni ADOPTION OF MINUTES: Council Minutes of May 31s 2010 DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. PRESENTATIONS Tim Chamberlain, President, Niagara Falls Soccer Club will make a presentation representing the Club's contribution of two picnic tables to the E.E Mitchelson Splash Pad. Members of the Mayor's Youth Advisory Committee will update Council on their activities over the past school year. The City's Park in the City Committee and the Stamford Collegiate Eco- Freaks will be recognized for being selected as recipients of the Greenest Non - Profit Organization in Niagara Award by the Regional Municipality of Niagara. UNFINISHED BUSINESS AM- 2009 -012, Zoning By -law Amendment 5823 Temperance Avenue. Applicant: Ben Yosef 2008 Inc. Proposed Group Home Background Material: Recommendation Report: PD- 2010 -41 -AND - Supplemental Report: PD- 2010 -47 Correspondence from the Richard Brady, Urban & Environment Management Inc. Public Meeting Official Plan Amendment Growth Plan Conformity Update Background Material: Recommendation Report: PD- 2010 -46 -AND- - 2 - AN D- -2- PLANNING MATTERS Correspondence from Les Coates, Healthy Living Niagara Project Chair Correspondence from David McKay, MHBC Planning Correspondence from Peter Smith, Bousfields Inc. MAYOR'S REPORTS, ANNOUNCEMENTS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Victoria Centre BIA - Requesting that the BIA be allowed to place banners promoting their area on the public utility poles. RECOMMENDATION: That the request be approved in principle, with staff bringing back an appropriate amendment to the Sign By -law to accommodate BIA banner requests. Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. 3 REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS (Councillor loannoni, Chair) CONSENT AGENDA THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN, A COUNCILLOR MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. L- 2010 -10 - Permanently Close, Declare Surplus and Convey, Oswald House Fence Issue MW- 2010 -38 - Tender 2010 -03 - Overlay Phase 1 & 2 City -Wide MW- 2010 -39 - Tender 2010 -08 - Surface Treatment City -Wide PD- 2010 -45 - PLC - 2010 -003, Request for Removal of Part Lot Control BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2010 -81 A by -law to designate Parts 1, 2 and 3 of 59R- 14216, not be subject to part lot control. (PLC- 2010 -003) 2010 -82 A by -law to provide for the adoption of Amendment No. 94 to the City of Niagara Falls Official Plan. (AM- 2010 -002) 2010 -83 A by -law to amend By -law No. 71 -57, being a by -law to provide for the regulation, protection and government of all lands and properties owned by and in the City of Niagara Falls and used for park purposes. 2010 -84 A by -law to amend By -law No. 2002 -081, being a by -law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by -laws. 2010 -85 A by -law to provide fees and charges for various services, licences and publications for the City of Niagara Falls. -4 2010-86 A by -law to permanently close part of a highway. 2010 -87 A by -law to declare the following: 1. Part of the road allowance between Township Lots 43 and 44 and 36 and 37 and part of Township Lots 36 and 44 being Part 1 on Reference Plan 59R- 14168, in the City of Niagara Falls; and 2. Part of the road allowance between Township Lots 43 and 44 being Part 2 on Reference Plan 59R - 14168, in the City of Niagara Falls, surplus. 2010 -88 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 14 day of June, 2010. NEW BUSINESS (6/8/2010) Dean Iorfida - Donation Page 1 From: "tchamberlain" <Ichamberlain3 @cogeco.ca> To: "Geoff Holman" <gholman @niagarafalls.ca> Date: 5/19/2010 6 :45 AM Subject: Donation Geoff The Niagara Falls Soccer Club would like to contribute 2 picnic tables [$2000.00] to the new splahpad .I'am proud to say that this will bring our total contributions at EE MITCHELSON to nearly $50000.00 within a 1 yr period,not to mention nearly $10,000.00 in the purchase of new soccer nets ,mesh , maintenence to the exterior of the Clubhouse, numerous contributions to project share[$2500.00] The Niagara Falls Soccer Club has a investment now totaling well over $250,000.00 into the park.Since i have taken over as President all audits are up to date by Crawforf ,Smith & Swallow [fee $9000.00] The integrity and credabilty of the club has been restored, this season we have 1400 girls and boys in our community playing soccer,up from 650 when i took over 2yrs ago . Thank You ,and looking forward to working with you Tim Chamberlain (6/1/2010) Dean lorfida - Fwd: Greenest Non - Profit Organization in Niagara Award Page 1 From: Geoff Holman To: Dean Iorfida CC: Ken Todd Date: 5/27/2010 6:49 PM Subject: Fwd: Greenest Non - Profit Organization in Niagara Award Attachments: Greenest Non - Profit Organization in Niagara Award; Nomination of the City o f Niagara Falls Park in the City Committee for the Voluntary Award and.pdf Good news story for your information. Perhaps worthy of recognition at City Council. Geoff »> Mark Richardson 5/27/2010 3:57 PM »> Hello all, It is my great pleasure to pass along today's news: The Park in the City Committee has been selected to receive the Greenest Non - Profit Organization in Niagara Award as part of the Niagara Region Environmental Awards. For your information, I have included with this email the nomination which was presented to the Region. As noted below, there will be an Award presentation on Tuesday June 8, 2010 at the Niagara Region Headquarters. Please see below for additional information. Congratulations to all Committee members for their hard work and dedication to the environment and the City of Niagara Falls. I respectfully request that all Committee members RSVP me as soon as possible. Sincerely, Mark Hi Mark: Thank you for nominating Niagara Falls Park in the City Committee for the Greenest Non - Profit Organization in Niagara Award. They have been chosen as the winners for this award. A presentation for the awards is being held: DATE: Tuesday, June 8, 2010 TIME: 7 p.m. - 8:30 p.m. LOCATION: Niagara Regional Headquarters - Atrium 2201 St. David's Road Thorold, ON Please forward a contact for the group and let me know if you are planning on attending and the number of guests that will be coming. I look forward to hearing from you. m. Marisa Conte Admin Assistant (6/1/2010) Dean Iorfida - Fwd: Greenest Non - Profit Organization in Niagara Award Page 2 Integrated Community Planning Niagara Region 905 -685 -4225 ext 3544 1- 800 - 263 -7215 The Regional Municipality of Niagara Confidentiality Notice The information contained in this communication including any attachments may be confidential, is intended only for the use of the recipient(s) named above, and may be legally privileged. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, disclosure, or copying of this communication, or any of its contents, is strictly prohibited. If you have received this communication in error, please re -send this communication to the sender and permanently delete the original and any copy of it from your computer system. Thank you. Mark Richardson Community Development Coordinator Parks, Recreation & Culture City of Niagara Falls 7150 Montrose Rd., Unit 1 Niagara Falls, ON L2H 3N3 Phone: 905 - 356 -7521 ext. 3341 Fax: 905 -356 -7404 Email: mrichardson(&niagarafalls.ca (6/1/2010) Dean lorfida - Nomination of the City of Niagara Falls Park in the City Committee for the Voluntary Award and.pRfage 1 Nomination of the City of Niagara Falls Park in the City Committee for the Voluntary Award and /or the Green Non - Profit in Niagara Award: The Park in the City Committee's mandate is to encourage civic pride, environmental responsibility and City wide beautification through community action. The Committee promotes and carries out the above noted mandate through various environmental & beautification initiatives and by actively engaging the community through the development of partnerships with community organizations. It is the vision of the Committee to achieve a clean and safe City that contains attractive gardens, streetscapes and gateways, and to encourage stewardship of natural resources, in terms of conservation, recycling and planning. In 2009, the Park in the City Committee had an exceptional year including the following achievements: Elimination of the Sale of Plastic Beverage Bottles from City Facilities: On February 23, 2009, Frank Fohr of Park in the City and representatives of the Mayor's Youth Advisory Committee addressed City Council and provided the deputations regarding the impact of unnecessary plastic waste and the quality of our local drinking water. Following some discussion and debate, Niagara Falls City Council voted unanimously to eliminate the sale of plastic beverage bottles at City owned facilities, municipal buildings, and recreation facilities and parks effective May 1, 2009. Communities in Bloom Provincial Competition: In 2009 the City of Niagara Falls received a 5 Bloom rating (highest available) in our first entry in the Communities in Bloom provincial competition. Judges remarked on the cleanliness and environmental initiatives of City as being a growing strength. The Park in the City Committee is also responsible for the following annual environmental programs: Niagara Falls Schools In Bloom: The Niagara Falls Schools in Bloom program is annually organized and implemented cooperatively by the P ark i n the City Committee, the N iagara P arks Commission and the Niagara Parks School of Horticulture. The goal of the Schools in Bloom program is focused on educating local students about the exciting world of horticulture and the environment; cultivating not only gardens but friendships as well; and participating in your community. As a result of the Niagara Falls Schools in Bloom initiative, environmental and beautification efforts have evolved throughout the City of Niagara Falls and each of the participating schools in this competition has transformed their schoolyard areas, while continuing to learn more about the various aspects of horticulture and the environment. r (6/1/2010) Dean Iorfida - Nomination of the City of Niagara Falls Park in the City Committee for the Voluntary Award and.pgfage 2 Summer Trillium Awards: The Summer Trillium Awards program encourages and promotes outstanding horticultural displays for public viewing throughout the City of Niagara Falls. Properties (i.e. residential, Commercial, Multiple Residential, Places of Worship, Neighbourhoods and Bed & Breakfasts) are judged based on the following criteria: Principles of Design, Turf, Plants, Hardscaping Features, Unique Features and Environmental Issues. Arbour Day Tree Planting: Each year, the Park in the City Committee organizes a tree planting event at a City Park and/or Trail with students of one local high school and one of its feeder /elementar y schools. In 2009 more than 80 students gathered on Garner Trail to plant 47 native trees. The impact to the surrounding community was immediate. Community Clean Sweep Day: The Annual Community Clean Day invites residents, businesses, schools and service groups to join City staff in a spring clean up of City streets, parks and sidewalks. In appreciation of the hard work, registered volunteers enjoy a free lunch, refreshments and entertainment. In recent years, the event has grown from 30 participants in 2006 to 135 in 2009. This year, the Park in the City Committee, with the support of local community minded organizations and businesses, hopes to draw 200 participants. Additional community clean up programs include Pitch in Week, the 20 Minute Makeover, and theAdopt- A- Street and /or Trail programs. Annual Tree Seedling Sale: Each year during Earth /Green Week, leading up to Arbour Day (April 24), the Park in the City Committee encourages local residents, businesses and schools to plant native trees to help restore health to our urban environment. As part of the promotion, the Committee sells native seedlings for only $3.50 each. Over the last two years, more than 450 seedlings have been sold. The Park in the City Memorial Fund - A Living Legacy: The Park in the City Committee, in collaboration with local funeral homes, generated this donor program to generate funds to help beautify and create a healthy environment in the City of Niagara Falls. The City will issue acknowledgment letters for income tax purposes for donations $10 and greater. Donor Cards are available at all local Funeral Homes, Fairview Cemetery & the City's Parks, Recreation & Culture Office. Niagara pans REPORT TO: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development SUBJECT: PD- 2010 -41 AM -2009 -012, Zoning By -law Amendment Application 5823 Temperance Avenue Applicant: Ben Yosef 2008 Inc. Proposed Group Home RECOMMENDATION EXECUTIVE SUMMARY BACKGROUND PD- 2010 -41 May 31, 2010 ITHIS MATTER DEFERRED BY COUNCIL That Council approve the Zoning By -law amendment application to permit the property to be used as a municipally licensed group home for up to 17 persons, subject to the provision of one on -site parking space. A Zoning By -law amendment application has been received to permit the property to be used for a group home for up to 17 persons. The application can be supported for the following reasons: The Official Plan permits surplus commercial lands to be considered for residential development. The proposed group home is an appropriate transitional use between the commercial area to the south and the residential area to the north. The building is existing and has achieved a degree of compatibility. The group home is not expected to have a negative impact on the adjacent land uses. The provision of one on -site parking space recognizes the amount of parking historically available, will ensure a parking space is available for staff and should be sufficient for a group home. The group home will provide necessary housing and services for people with mental health issues who have been released from treatment. The group home will be licensed by the City and both the facility and residents will be monitored by Niagara Region Public Health and mental health agencies. Proposal The amendment is requested for a 470 square metre (5,061 square foot) parcel of land known as 5823 Temperance Avenue (see Schedule 1). Schedule 2 shows a site plan of the property while Schedule 3 shows floor plans. The lands are currently zoned General Commercial (GC) by By -law No. 79 -200 which does not allow the proposed group home. May 31, 2010 - 2 - PD- 2010 -41 The applicant is requesting the GC zoning be amended to site specifically add a group home for up to17 persons to the list of permitted uses. Further site specific regulations are requested to recognize the existing siting of the building and to allow the use to have only one parking space. This application was deferred by Council at it's February 22, 2010 meeting as there were a number of questions regarding the operation and who regulates the use. The applicant has provided further details on the function of the group home and a more detailed notice was circulated to neighbours. Neighbourhood Open House Two neighbourhood open houses were held to inform area property owners about the application. The first open house was held on January 18, 2010. The second to present additional information was held on April 27, 2010 following the deferral of the application by Council. No members of the public attended either meeting. Circulation Comments Information regarding the proposed Zoning By -law amendment was circulated to City divisions, the Region, agencies and the public for comment. The following summarizes the comments received to date: • Regional Municipality of Niagara No objections from a Provincial or Regional perspective. The proposal represents an opportunity for intensification that makes efficient use of land and infrastructure. The applicant has submitted an Phase 1 Environmental Site Assessment for the building which found no evidence of contamination. Regional staff is satisfied site contamination concerns have been addressed. Niagara Region Public Health is mandated to inspect group homes. The subject group home would be inspected 3 times a year for food safety and once a year for maintenance safety by Regional staff (correspondence attached). Building Services A Change of Use Building Permit will be required. The applicant has provided drawings that indicate the existing building could be renovated in accordance with the Ontario Building Code. Orders have been issued with respect to starting construction without a permit. Fire Services Fire Services has advised the building was the site of two intentionally set fires in October 2009. They also noted numerous violations of the Ontario Fire Code. As a result, Fire Services applied to the Ontario Fire Marshall for an "order to close ". The Fire Marshall agreed and the owner was required to immediately close the building and relocate the occupants. The violations to the Ontario Fire Code will have to be resolved as part of the building permit process. The Fire Services staff are working together with the owner on these matters. May 31, 2010 - 3 - PD- 2010 -41 • Transportation Services The provision of one parking space for the use is acceptable. This space is intended for the one full -time employee on the site. Residents are to be notified that there is no parking available for them. • Legal Services, Municipal Works - No objections. ANALYSIS Site Conditions and Surrounding Land Uses The existing building occupies the majority of the property. It was formerly used as a place of worship, a warehouse, a ceramic art centre and a silk screen production facility at various times. The front yard and adjacent boulevard are paved and have historically been used as a parking area with vehicles partially encroaching the City's right -of -way. Lands to the south, southeast and southwest are mainly used for commercial purposes, including automotive repair shops, restaurants and a car wash. Lands to the north, northeast and northwest are used for residential purposes. Official Plan The land is designated Tourist Commercial in the City's Official Plan and is part of the Clifton Hill Tourist Subdistrict. Lands under this designation are intended to be developed for a variety of tourist oriented uses. Commercially designated lands can be considered for residential uses (including group homes) where such lands are in excess of demand. The lands north of the subject property are designated residential and intended to be developed primarily for housing. The proposed use complies with the Official Plan as follows: The land is surplus to the City's commercial needs. The property is located at the boundary between commercial and residential areas. The small size of the property and it's lack of on -site parking limits the parcel's potential for a commercial use. The proposed group home is an alternative use that can be accommodated on the site. The proposed group home is a type of residential use that provides an appropriate transition between the commercial uses along Ferry Street and more sensitive residential uses to the north. Given the parking and servicing requirements associated with commercial uses, the proposal provides a better transition between commercial and residential uses than if the building were adapted to another commercial use. The building has existed in it's current form for a considerable period of time and a degree of compatibility has been achieved with surrounding residential uses in terms of massing, scale and setbacks. The group home should generate less traffic and parking demands than a commercial use. There should be no traffic impacts on commercial areas to the south or the residential area to the north. The applicant has demonstrated a single parking spot can be provided on the property. May 31, 2010 - 4 - PD- 201041 Zoning By -law The applicant has requested a group home be site specifically added to the list of permitted uses under the property's GC zone. The group home is intended to accommodate up to 17 residents, which is an increase over the maximum of 10 persons permitted in the City's definition of group home. The facility is intended to provide transitional housing and prepare individuals for independent living. Further information on the proposed group home was provided by the applicant. The group home is intended to serve individuals with mental health issues, including those with acquired brain injury. The individuals are those discharged from hospital or referred to the group home by the Canadian Mental Health Association or Community Health Centre who are ready for transitional living. The facility is intended to serve residents who do not need the same level of assistance or programming that individuals in a more traditional Group Home, serving persons with more severe disabilities, may require. They will be provided with such services as meals, recreational facilities and driven to medical appointments. One full time staff person per shift will serve the facility, assisted by the group home's directors. Additional staff will include a cook to prepare meals and cleaning staff. The applicant has indicated more staff will be hired as necessary. This type of facility is not a group home licensed by the Province. The definition of Group Home in the City's Zoning By -law includes a residence for the accommodation of people who by reason of their mental health require a group living environment for their well being. The proposed facility can be viewed as a form of transitional housing, with the occupants eventually seeking their own personal living accommodations. The definition for this site specific group home will require that the residence be subject to a municipal licence. Site specific provisions are also required to recognize the existing rear yard depth (1.6 metres) and side yard width (2.2 metres on the north side and 1.0 metre on the south side) of the existing building. As these are long standing site conditions, this is acceptable. As seen in Schedule 3, the building can be modified to accommodate 17 persons and one legal parking space can be provided on the site. The current parking standard for group homes (1 parking space) is based on the needs of smaller scale group homes that have been historically accommodated in single detached dwellings. Governing /Licensing of Group Home The proposed group home provides accommodation to individuals who require supervised living, but is not a type that is licensed or regulated under a Provincial or Federal Statute. Should Council approve the application, the applicant will be required to obtain a licence under the City's "Second Level Lodging House" By -law, passed in 2001. Regulations with respect to the operation, staffing and facilities are included in this by -law. The proposed group home complies with this by -law in terms of physical space and washroom facilities required to accommodate 17 residents. Inspection of Group Home The Regional Health Office has responded to the owner indicating that they are mandated under the Ontario Public Health Standards to inspect Group Homes. As noted under the Regional Niagara comments, they will be inspecting the facility on a regular basis. It is also understood that residents would be visited by social workers or medical professionals from hospitals or Canadian Mental Health Association to monitor residents. May 31, 2010 - 5 - PD- 2010 -41 CITY'S STRATEGIC COMMITMENT The proposed use would provide a service for those people facing mental health challenges. The City's Official Plan recognizes that group homes provide needed housing for particular individuals based upon their mental, emotional or social status. The plan encourages the provision for dwellings of all types that meets the need for a wide range of households. LIST OF ATTACHMENTS ► Schedule 1 - Location Map • Schedule 2 - Site Plan ► Schedule 3 - Floor Plans Recommended by: Respectfully submitted: A.Bryce:mb Attach. OtAi Lir 0 Alex Herlovitch, Director of Planning, Building & Development Ken Todd, Chief Administrative Officer S:1PDR120101PD- 2010 -41, AM- 2009 -012, 5823 Temperance Ave, Proposed Group Home.wpd May 31,2010 Subject Location: 5823 Temperance Street Applicant: Ben Yosef 2008 Inc. - 6 - SCHEDULE LOCATION MAP Amending the Zoning 13y-law No. 79-200 PD- 2010 -41 M iffr 111.11.1.1rERY ST FM/ 1:2500 Arribrij I Mi lli II 111111•111111111 f‘ I I I I 1‘11 t II I EMERY ST SPRING ST AM- 2009 -012 airy 2009 May 31,2010 - 7 - SCHEDULE 2 PD- 2010 -41 Ip '44es36'70t SPRING Lor LOT STREET 3 2 114 116 May 31, 2010 •r. Lower Level t! .• A • t Schedule 3 -8 - PD-2010-41 FROM : PUBLIC HEALTH DR. ROBIN WILLIAMS Medical Officer of Health Q Main Office 2201St. David's Rd. Campbell East Thoroid, ON Phone: 905 -688 -3762 1- 800 - 263 -7248 Fax: 905. 682 -3901 Mailing Address: P.O. Box 1052, Station Main Thoroid, ON L2V 0A2 Branch Offices c Niagara Falls 5710 Kitchener Street Niagara Fans, ON L2G 1C1 Phone: 905- 356 -1538 Fax: 905. 356 -7377 o Sexual Health Centre Phone; 905-358-3636 Fax: 905-358-2717 o Welland 200 Division Street Welland, ON L3B 4A2 Phone: 905 - 735 -5697 Fax: 905- 735 -4895 o Sexual Health Centre Phone: 905-734-1014 Fax: 905-734-1770 o Fort Erie 43 Hagey Avenue Fort Erie, OM L2A 1W4 Phone: 905 - 871 -6513 Fax' 905 - 371-3020 o Sexual Health Centre Phone: (905) 871-5320 Fax: (905) 871 -3333 o St. Catharines Sexual Health Centre 277 Welland Avenue SL Catharines, ON L2R 2P7 Phone: 905. 688 -3917 1.80o -263 -5757 Fax: 905 - 688 -6063 o Emergency ServiceE Division 509 Glendale Avenue East SS 4 Niagara on the Lake, ON LOS 1J0 Phone: 905-641-2218 Fax: 905- 688 -5079 o Community Mental Health 3550 Schmon Parkway Unit 2, Second Floor PO Box 1042 Thorold, ON L2V 4T7 Phone: 905 - 688.2854 Fax: 905. 684.9758 An Accredited Public Health Department Www.nia ; araregion.ca Mr. Alex Kagramanov 155 Battagtini Avenue Richmond Hill, ON LAC OL1 Dear Mr. Kagramanov: FAX NO. : 9057371347 Building Community. Building Lives. Re: Proposed Group Home, 5823 Temperance Street, Niagara Falls ON May. 19 2010 02:43PM Pi r -m March 23, 2010 This correspondence will confirm our recent site visit of March 19, 2010 at the above mentioned address and meeting of March 12, 2010 at our Regional Headquarters site in Thorold. Both you and Ms. Joyce Morocco were in attendance on these occasions. it is our understanding that you are in the process of renovating this property due to damages caused by a recent fire and subsequent inspections by Municipal Building and Fire officials. Further, you are also In the process of seeking approval from the City of Niagara Falls to amend the zoning by -law to permit the existing building to be used as a Group Home for 17 persons. Niagara Region Public Health is mandated under Ontario Public Health Standards to inspect group homes. In this particular case, this proposed group home would be inspected a minimum of three times per year for food safety and once per year for general maintenance and sanitation. Also, any complaints received by Public Health against this proposed group home will be investigated or referred to the appropriate agencies. This correspondence is by no means an approval for such a facility. This premise must first satisfy all municipal zoning by -laws and all requirements of municipal Building and Fire departments. A final inspection by Niagara Region Public Health will be required prior to this proposed group home being put Into operation to ensure compliance with the above mentioned Ontario Public Health Standards. MAY Z 11 2010 PLANNING VELOPMENT FROM : If 1 can be of further assistance please feel free to contact me. ../-' Sam DiMeo, C.P.H.I i( . ' /;/ C) For Robin Williams, M.D., D.P.H:, F:R.C.P.(C) Medical Officer of Health spa( FAX NO. : 9057371347 May. 19 2010 02:44PM P2 Proposed Group Home March 23, 2010 FROM : FAX NO. : 9057371347 NFC NIACARA FALI.S COMMUNITY HF:AI.TH cF:N't iw 4481 Queen Street Niagara Falls, ON L2E 2L4 Phone: 905 -356 -4222 Fax: 905-356-5676 www,nfchc,ca April 28, 2.010 To Whom it May Concern, Sincerely, Henri-Lo St- Martin Executive Director May. 19 2010 02 :44PM P3 The Niagara Falls Community Health Centre recognizes the need for the development of Group Homes for people with mental health issues and the importance to assist them in their transition from a health care facility to one that can provide affordable food and shelter until such a time where they can five on their own. Ontario's Community Health Centres Les centres de sante communautaire en Ontario F MAY Z 0 2010 PLANNING & DEVELOPMENT PD- 2010 -47 Niagarapalls June 14, 2010 REPORT TO: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development SUBJECT: PD- 2010 -47 Supplemental Report AM- 2009 -012, Zoning By -law Amendment 5823 Temperance Avenue Applicant: Ben Yosef 2008 Inc. Proposed Group Home RECOMMENDATION That Council approve the Zoning By -law amendment application to permit the property to be used as a municipally licensed group home for up to 10 persons in the first phase and a second phase of up to 7 persons be placed in a holding zone until all requirements of the municipality have been satisfied and the provision of one required parking space on -site. EXECUTIVE SUMMARY A decision by City Council on staff report PD- 2010 -41 was deferred on May 31, 2010 to enable members of Council an opportunity to attend a site visit of the proposed group home at 5823 Temperance Avenue. Arrangements were made for the owner to have the facility open from 3:00 p.m. to 6:00 p.m. on Monday, June 7, 2010. A number of concerns have been raised by Council regarding the operational aspects of the proposed group home. These concerns include the number of staff necessary to properly assist the residents, the safety of the building and satisfaction of requirements under the Ontario Building and Fire Codes, desired occupancy level of the building and need for regular inspections by agencies to ensure that adequate care and service is provided to the residents. BACKGROUND The previous staff report PD- 2010 -41 recommends the approval of the zoning by -law for up to 17 persons. This recommendation was based on land use planning merits including conformity with the City's Official Plan, compatibility with the surrounding land uses, the group home addresses a need in the community and licensing will be required through the City and inspection will be carried out by the Regional Health Unit. The property is also located in close proximity to the Niagara General Hospital site, public transit and commercial uses. June 14, 2010 City staff have contacted the owner to provide an opportunity for all members of Council and interested City staff to inspect the proposed group home. Invitations were also extended to specific agencies including the Niagara Community Health Centre, Greater Niagara General Hospital, Canadian Mental Health Association and Regional Public Health. Staff were also seeking comments from these agencies to be assured that the accommodations meet the needs of the residents. Staff discussions with earlier mentioned agencies are highlighted as follows: 1. Greater Niagara Hospital - Stephan Bottaro, clinical social worker with the hospital has referred patients to this facility in the past. His impression was that the facility was well run and provided a clean and safe environment for the residents. He felt the facility met basic standards and he would recommend the facility for future patients. Mr. Bottaro recognized that there are limited facilities available in the City for people on fixed income. 2. Niagara Community Health - Executive Director Henry-Louis St -Martin supports this type of housing and will attend the open house on Monday, June 7, 2010. 3. Canadian Mental Health - Program Manager Bob Barkman recognizes that the Temperance Avenue Group Home provides modest living arrangements. While not ideal, the facility in much better than what many other people with mental issues are experiencing. General Observations and Comments Staffing Ownership and Operation Building and Fire Code - 2 - PD- 2010 -47 The proposed group home is intended to house adults of all ages. It is the intent that the facility will provide accommodation on a temporary basis and gradually allow residents to move towards independent living in the community. The residents are not highly dependent on services such as in the case of other group homes. A typical resident may need assistance in taking their medications on an as required basis. However, they would also be free to come and go from the premises as they desire. Therefore, staffing levels may be less than those needed in a typical care type facility or where full programming is necessary. The owner stated two full time staff will be provided during the day and one full time staff person overnight. The residents are provided with three meals a day, plus snacks. Upon further investigation, staff has learned that the owner, Alex Kangramanov, has 15 years of experience in the geriatric field and 7 years experience in a long term care facility. The City's Building and Fire Services staff have been working with the owner and advising him of the requirements necessary to meet the Building and Fire Codes. The upper floor contains 10 completed residential units. The bottom floor still requires renovations which include the raising of the ceiling in the hallway by 9 inches and the enlargement of the June 14, 2010 windows in each habitable room. Fire Services staff have indicated additional work is needed such as a fully sprinkled building and proper fire exit doors. The owner is prepared to fully comply with these requirements. A second egress has already been installed from the basement level as previously identified by Building staff. Inspections There are requirements for inspections by Regional Public Health three times a year for food safety and one inspection a year for maintenance safety. There are also inspections that could be carried out by City staff under the City's Second Level Lodging By -law. There were concerns raised by members of Council that the inspections may not be frequent or detailed enough to ensure suitable living accommodation for the residents. The inspection requirements are in place to assure that the living accommodations that are provided are maintained to a level that meets an appropriate standard. Any violation would have to be remedied or the owner would be at risk of having to close his facility. Occupancy Level - 3 - PD- 2010 -47 The building can be renovated to accommodate 17 people with 10 units in the upper level and 7 units in the lower level. Considerable renovations still remain for the lower level to convert these units into a livable condition. Council could phase the group home through the approval of 10 units on the upper level and place a holding provision on the lower 7 units until the improvements have been made in accordance with the Building and Fire Services requirements. The increase to a maximum of 17 residential units would only be approved after all of the City requirements have been satisfied. Parking spaces currently exist for 1 permanent parking spot fully on the subject property. There is room for 3 or 4 additional parking spaces which project onto part of the City road allowance, but do not block the City sidewalk or travelled portion of the road. Use of the City lands for parking could be resolved through a lease agreement (if required) to utilize the City's property. City's Strategic Commitment The rezoning complies with the City's Official Plan and can be considered for approval for the 17 units. As an alternative, Council may wish to support the approval of 10 units and consider the additional 7 units following completion of the renovations, and satisfaction by the Building and Fire Services staff and agencies involved in providing services for the residents. LIST OF ATTACHMENTS ► Staff Report PD- 2010 -41 Recommended by: Respectfully submitted: kv LA Alex Herlovitch, Director of Planning, Building & Development Ken Todd, Chief Administrative Officer B.Bolibruck:gd Attach. S: \PDR\2010 \PD- 2010 -47, Supplemental Report- Temperance Aveue Group Home.wpd (6/7/2010) Dean Iorfida - AM 2009 012 Fitscare at 5823 Temperance Avenue Page 11 From: "Rick Brady" <rbrady @uemconsulting.com> To: <diorfida @niagarafalls.ca> Date: 6/7/2010 3:37 PM Subject: AM 2009 012 Fitscare at 5823 Temperance Avenue Mr. Iorfida I have been recently retained by the above noted applicant for a Zoning By law amendment. It is my understanding that this matter will again before City Council on June 14th and may be the subject of a supplemental planning report. I realize the public meeting has been held on the matter but I would like be speak to Council on this matter as a deputation at the appropriate time. This email is a request for consideration and I would be grateful if you could place it on the agenda. Thank you and if you have any questions please contact me directly. Richard F. Brady, M.A., MCIP, RPP Urban & Environmental Management Inc. 4701 St. Clair Avenue, Suite 301 Niagara Falls, Ontario Canada L2E 3S9 Telephone: +1 (905) 371 -9764 ext. 240 Facsimilie: +1 (905) 371 -9763 Toll free: +1 (866) 840 -9764 e -mail: rbrady @uemconsulting.com URL: http: / /www.uemconsulting.com This e -mail and any files transmitted with it are confidential and intended solely for use of the individual or entity to whom they are addressed. If you have received this email in error please immediately notify the sender and promptly delete the transmitted material from your computer and server. PD- 2010 -46 Niagararalls June 14, 2010 REPORT TO: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development SUBJECT: PD- 2010 -46 Official Plan Amendment No. 94 Growth Plan Conformity Update RECOMMENDATION 1. That Council adopt the draft amendment to bring the Official Plan into conformity with the Province's Growth Plan for the Greater Golden Horseshoe and the Regional Policy Plan. 2. That the amendment be forwarded to Niagara Region for approval. EXECUTIVE SUMMARY The Growth Plan for the Greater Golden Horseshoe requires that all municipal official plans be in conformity with the Growth Plan, in the case of lower tier municipalities, by June, 2010. Planning staff has prepared an extensive update that achieves conformity with the Growth Plan. The amendment directs a significant amount of residential growth to the (existing) Built -up Area, targets specific areas for higher density intensification, provides for a greater mix of housing and uses within (new development) Greenfield Areas and protects employment land (lands designated Tourist Commercial and Industrial) from conversion to non - employment uses. Comments from the public, agencies and stakeholders were obtained through an open house, stakeholder meeting, circulation of the amendment and submission of written comments. These comments were utilized in finalizing the amendment. BACKGROUND In June, 2006, the Province established the Growth Plan for the Greater Golden Horseshoe. The Growth Plan sets out the Province's policies for the future growth and development for lands within the Golden Horseshoe. Municipal official plans are to be the primary implementation tool for the Growth Plan, and as such, are required to be brought into conformity. Upper and single tier municipalities were given until June of last year to amend their plans; the lower tier deadline was extended to June, 2010. Work on bringing the Official Plan into conformity began in 2006 when the City's Municipal Comprehensive Review (MCR) was initiated. The MCR was adopted by Council in October, 2007. Further work continued with the Growth Alternatives and Recommendation June 14, 2010 - 2 - PD- 2010 -46 Study. The Niagara Region concluded its Growth Strategy for Niagara to 2031, culminating in the approval of Regional Policy Plan Amendment (RPPA) 2 -2009 to the Regional Policy Plan. Planning staff was actively involved with the development of the Regional Growth Strategy and the review of RPPA 2 -2009. This amendment is under appeal to the Ontario Municipal Board. Since the approval of RPPA 2 -2009, the Niagara Region and its consultant, Dillon Consulting, engaged the local municipalities in a series of meetings in order to develop a set of "model policies" to assist the local municipalities in their conformity amendments. Planning staff also prepared a number of Position Papers for public circulation and comment. An Open House and a Stakeholder Meeting were held to inform the public and to obtain comments. These comments assisted in developing the draft amendment. Goals and Objectives of the Amendment There are several objectives to the draft amendment: • To direct growth to the urban area and away from non -urban areas. • To protect natural heritage areas and their functions from growth. • To support increased densities, where appropriate, and the efficient use of infrastructure within the Built -Up (existing) lands of the urban area. • To design for the proper phasing of infrastructure and development within Greenfield (new development) Areas. • To meet the targets as established by the Province through the Growth Plan for the Greater Golden Horseshoe and through the Niagara Region's Amendment 2 -2009. • To direct 40% of new development into the Built -Up Area. • To develop the Greenfield Areas as compact, complete communities with a range of housing types, employment and public transit. Overview of the Amendment The draft amendment can be summarized in the following manner: Residential: The Residential policies have been separated into three subsections: General, Built -Up Area and Greenfield Area. A density hierarchy for general intensification of the Built -Up Area has been established. Detailed policies for the McLeod intensification corridors prepared. Commercial: The policies encourage the development of residential uses in commercial areas in order to take advantage of existing services and transit. Intensification nodes and corridors where the lands are designated either Major or Minor Commercial have been included in the appropriate subsections; for example the policies on the Morrison /Dorchester node follow the policies governing commercial development in the district. Neighbourhood Commercial has been amended to include separate sections on Built -Up Area and Greenfield. June 14, 2010 - 3 - PD- 2010 -46 • Tourist Commercial: Considered to be employment land and subject to conversion policies; the conversion policies (within Part 4) require that in order to change employment lands to a non - employment designation (e.g. Residential), a series of criteria have to be met through a MCR performed by the City. The objective is to protect employment lands. Lundy's Lane intensification corridor policies, allowing for the development of residential uses through redevelopment of lands west of Montrose Road, are included in that subsection. • Industrial: Conversion of lands designated Industrial are subject to employment land conversion policies. Conversion of Brownfields are subject to a separate set of policies. The Industrial policies are separated into the following subsections: Built -Up Area, Greenfield Area, QEW Employment Corridor, General Policies. QEW Employment Corridor is a policy regime for lands abutting the QEW south of Lundy's Lane to the Lyon's Creek Road interchange that target these lands for future employment uses that need QEW exposure and access. Part of the implementation of the Gateway Economic Zone, in the Growth Plan for the Greater Golden Horseshoe. Infrastructure: Re- titled from Municipal Infrastructure, various amendments include phasing (including a revised Schedule B), transportation corridors, active transportation (walking, cycling). Other minor changes were incorporated to bring it up -to -date; for example: the current OP has a policy that Council will establish a system of charges to cover the cost of public works that are related to development. This has been replaced by a policy regarding Development Charges, the background study, etc. Parkland Strategy: Updates provide for additional parkland through s.37 bonusing for height and density include trails above and beyond Planning Act parkland dedication, secondary plan guidelines re: open space. • Urban Design: This section re- titled from Amenity and Design, include amendments to address signs, built form, open space. • Official Plan amendments: Policies have been included to address employment land conversions and UAB expansions. Secondary Plans: Secondary Plans will be required for all Greenfield areas and will be adopted as OPA's (as required by the MOU between the Region and local municipalities), neighbourhood plans may be OPA's. Schedule A -2: A map illustrating the urban structure of the City - Greenfield Area, Built -Up Area, areas where intensification opportunities exist (nodes and corridors), Brownfield Pilot Project Area, QEW Employment Corridor. Schedule A -2 also illustrates Protected Natural Heritage areas which include features such as Provincially Significant Wetlands, fish habitats, significant habitats of threatened and endangered species and floodways and erosion hazards. These lands are shown as being unavailable for development. Upcoming proposed amendments to the Official Plan will designate these features as Environmental June 14, 2010 - 4 - PD- 2010 -46 Protection Area (EPA). These proposed amendments also have a second designation Environmental Conservation Area (ECA) where development may occur, subject to the findings of an Environmental Impact Assessment (EIS). The ECA lands are not shown on Schedule A -2. Comments from Public Circulation The amendment was circulated to City departments, agencies and the public, and posted on the City's website, on April 28, 2010 to allow for sufficient time to comment. These comments and how they were addressed in the amendments are include in Appendix 1. CITY'S STRATEGIC COMMITMENT The Official Plan has to be in conformity with both Provincial planning documents and the Niagara Region's Policy Plan. The current Official Plan, while containing a number of policies that are consistent with the Growth Plan and the Policy Plan, requires the proposed update to be in conformity and, more importantly, to provide the community with a Plan that is current and allows for growth in sustainable and fiscally - responsible manner. LIST OF ATTACHMENTS ► Appendix 1 - Comments from public circulation. Recommended by: Respectfully submitted: J.Barnsley:gd S: \PDR\2010 \PD- 2010 -46, Growth Plan Conformity OPA Update.wpd /itA e dam, Alex Herlovitch, Director of Planning, Building & Development K n Todd, Chief Administrative Officer June 14, 2010 Comments from Public Circulation - 5 - Appendix 1 PD- 2010 -46 Agency /Stakeholder Niagara Home Builders Association Policy • PART 1, s.2.10 • PART 1, Preamble • PART 1, Growth Objectives • PART 1, s.2.5 • PART 2, s.1.9.1 and 1.9.2 • PART 2, s.1.13.5 (ii) • PART 2, s.1.12.5 (iii) • PART 2, s.1.14.1 • PART 2, s.1.14.3 (iii) to (v) Comment • not consistent with Regional Policy Plan • emphasis is on protection of natural heritage • sets 40% intensification as a policy, not a target • policy may restrict extension of services into Greenfield Area • concerns regarding the use of bonusing for the provision of affordable housing • policy regarding setbacks is too specific • general intensification policy has too low a density and building height to stimulate development • Region has set 50 people and jobs /ha as a Greenfield density target - policy states 53 people and jobs /ha as a target • concerns that policies are too specific regarding certain urban design issues Resolution • wording added to ensure compliance with Policy Plan • revised to state that there is to be balance between efficient use of urban land and natural heritage protection • revised to state that 40% intensification will be a target • revised to state phasing is to make efficient use of existing and new infrastructure • existing bonusing policies revised to include affordable housing, additional parkland, as well as other facilities • revised to make policy more general • revised to increase density; higher densities are provided in nodes and corridors • applicant advised that Region had set individual targets for each local municipality • revised to have policies provide general guidance June 14, 2010 -6- PD- 2010 -46 Tony Zappitelli Mountainview Homes • PART 2, s.1.1 4.x • PART 2, s.3.4.1.6 • PART 2, s.3.4.1.7 • PART 2, s.3.4.1.10 • PART 2, s.4.1.4 • PART 3, s.2.3.4 • PART 3, s.2.3.5 • PART 3, s.5.3.4 • Figure 4 • Schedule A -2 • transit stops required for all major community facilities • policy too restrictive on maximum size of neighbourhood commercial facilities • not allowing drive - throughs in neighbourhood commercial too restrictive • requiring dwelling units above neighbourhood commercial facilities greater than 370 sq. m is too restrictive • allowing residential in Tourist Commercial may require justification of removal of employment lands • allowing City to request dedication of pedestrian and bike paths is counter productive • use of bonusing to obtain additional parkland • City should allow for native species on site plans • Revise to include Loretto property in the 30 storey area • Protected Natural Heritage not consistent with approved mapping for Thundering Waters Secondary Plan Area • policy added to PART 3, s.1 • revised to allow greater than 930 sq. m if substantiated with appropriate studies as part of secondary plan • revised to not allow drive - throughs as part of retail stores and restaurants only • revised to be optional • PART 2, s.4.2.9 revised to allow flexibility for this type of conversion • recognition of what is in the Planning Act • existing bonusing policy revised as noted above • no revision necessary • Figure 4 revised accordingly • Schedule A -2 revised to show currently approved EPA mapping Bell Canada • • • PART 3, s.5.2.6 PART 3, s.5.2.x Definitions • • • addition of wording "where feasible" in connection with the burial of overhead wiring suggesting a policy encouraging the clustering of utilities to minimize visual impact suggesting definitions for infrastructure and utilities • revised accordingly • policy incorporated • definitions incorporated Niagara Peninsula Conservation Authority • mapping should incorporate latest MNR and NPCA mapping • will be included as part of upcoming OP amendment for Natural Heritage policies Niagara Escarpment Commission • no comments District School Board of Niagara • no objections Taro Planning and Development • PART 2, s.3.2.5 • request that redesignation of lands south of Thorold Stone Road and east of Portage Road and Carroll Avenue included • discussion with stakeholder - resolved to include policy allowing for the preparation of a Neighbourhood Plan for these lands Upper Canada Consultants • policies be included to address conversion of Brownfield lands to non - employment uses • policies included in PART 2, s.9.1.1 June 14, 2010 -7- PD- 2010 -46 healthylivingniagara.com Our Community Partners Big Brothers Big Sisters - Niagara Bridges Community Health Centre Brock University Canadian Cancer Society Niagara Unit Canadian Diabetes Association C.A.P.C. Niagara Brighter Futures Centre de sante communautaire Hamilton - Niagara City of Niagara Falls - Parks, Recreation and Culture City of Welland Parks and Recreation Community Care St. Catharines and Thorold Community Health Services — Canadian Red Cross Community Health and Wellness Fort Erie Community Living - Fort Erie Community Living - Grimsby, Lincoln & West Lincoln District School Board of Niagara Elementary Teachers' Federation of Ontario — Niagara Fort Erie Native Friendship Centre Heart and Stroke Foundation of Ontario Heart NIAGARA Hotel Dieu Shaver Health and Rehabilitation Centre LMSB Consulting Lupus Foundation of Ontario - Niagara Unit Niagara Catholic District School Board Niagara Community Food Advisors Niagara Elementary Unit of Ontario English Catholic Teachers' Association Niagara Freewheelers Bicycle Touring Club Inc. Niagara Health System Niagara Medical Group Family Health Team Niagara Physical Activity Advisors Niagara Workforce Planning Board Ontario Early Years Centres O.S.S.T.F. District 22 Niagara Project S.H.A.R.E. St. Lawrence Seaway Management Corporation Niagara Region • Community Services • Public Health Town of Lincoln University Women's Club St. Catharines YMCA of Niagara Zonta Club of Niagara Falls c/o Niagara Region Public Health 2201 St. David's Road, Campbell East, Thorold, ON Mailing Address: P.O. Box 1052, Station Main, Thorold, Ontario, L2V 0A2 Telephone: 905.688.3762 Toll Free: 1.800.263.7248, Fax: 905.688.7024 hIn @niagararegion.ca June 7, 2010 RE: The City of Niagara Falls Official Plan Review with respect to Building a Healthier Community Dear Mayor Salci and Members of Council: A healthy community relies on the meaningful engagement of many stakeholders. Healthy Living Niagara, a partnership of over 35 community groups working together for a healthy Niagara, is pleased to be a part of this Official Plan review process. We thank the planning department for encouraging a collaborative healthy communities approach to build on local assets and to set out planning strategies to improve health. From our perspective, the Official Plan sets out many preconditions for a healthy community: • A community that provides a range of transportation options, • A community that is safe and reduces the likelihood of injuries (especially for the most vulnerable), • A community that is inclusive and • A community that provides convenient access to everyday needs including physical activity and healthy foods. Please notify us of Council's decision on changes to the Official Plan. We look forward to working together with you to support your efforts as the plan unfolds. Sincerely, Les Coates Healthy Living Niagara Project Chair Healthy Choices Make a Difference...Enjoy Healthy Eating. Stay Active. Live Smoke -Free. The City of Niagara Falls Official Plan Review with respect to Building a Healthier Community Review conducted May, 2010 on behalf of Healthy Living Niagara by: Paul Young, OALA, CSLA public space workshop participation urban design for healthier communities www.publicspaceworkshop.ca tel (416) 461 0351 cel (416) 707 7524 The Structure of Our Review We looked for references in the O.P. to "building a healthy community". We then reviewed the Official Plan using broad categories from the 3 -D's framework — Density, Diversity and Designl Under each heading we outline related desired policy directions that support a healthier community. The boxed area contains comments on the Official Plan related to the desired policy direction statement above. We note suggested changes as "Recommendation ". For the future work of Healthy Living Niagara, we have identified the following priorities linking health and the built environment. I - Injury Prevention P - Physical Activity M - Mental Health / Social Cohesion N - Nutrition & Food Security 1 Cervero R, Kockelman K. 1997. Travel demand and the 3Ds: density, diversity, and design. Transp. Res. Part D 78:48 -58 2 1. Reference to Building a Healthy Community 1.1 For a Healthier Community the Official Plan should: have a high level strategic commitment to supporting a healthy community (or improved quality of life) IPMN • Recommendation: incorporate "health" or "healthy community" into a Vision statement to emphasize the role that the Official Plan can play in protecting health. 2. Density 2.1 For a Healthier Community the Official Plan should: encourage intensification of development and density in existing urban areas to decrease distances, enable walkable and transit friendly new developments, the preservation of existing farm lands and food security. PMN • 1.14.1 Proposed Green Field development densities of 53 people and jobs per hectare will support good transit (Table 1) • The Plan makes a commitment to Places to Grow legislation and the Provincial Policy statement 2.2 For a Healthier Community the Official Plan should: integrate or plan for a transit system IPMN • 1.14.4 Outlines development and design patterns to support transit. Recommendation: 1.14.4 ( 1 ) all collector roads ... accommodate public transit . add `pedestrians and cyclists." • 3.2.2 The Via and transit station is identified as a growth centre and target of intensification Recommendation: Include transit routes on transportation schedule and clarify connections to major destinations (Le. Commercial areas) with existing or planned transit routes. • Recommendation: 4.1.9 and 4.1.13 Consider serving residents in addition to visitors (in coordination with City and regional transit). In addition, consider the movement of cyclists and their bicycles. 3 3. Diversity of land uses 3.1 For a Healthier Community the Official Plan should: encourage a fine grain land use mix and protection of the downtown (i.e. with a vision to guide retail') to enable shorter trip distances between places of work, living and playing and to reduce car dependence and promote physical activity P M N • Section 3.2.2 references a complete a retail strategy (" a Market Overview and Economic Analysis" p 2 -14) This could protect the downtown and to determine the capacity of - Niagara Falls to absorb additional retail without jeopardizing existing retail in more walkable destinations. Recommendation: Large concentrations of retail /commercial are often dependant consumer's access to an automobile. See below, under 3.3 "Other Commercial Zoning .. ." • Part 2, Section 4 Tourist Commercial Recommendation: Preamble, ensure . . and promotes pedestrian .. add ". transit and cyclist friendly" streetscapes; • Recommendation: Add a policy regarding the location of Schools, i.e. "where possible schools should be located near concentrations of residential uses to minimize travel distance and support walking, cycling and transit use ". 3.2 For a Healthier Community the Official Plan should: encourage housing diversity for a range of life stages, incomes and ages to promote social inclusion and reduce isolation. 1 M • 1.9 outlines strategies for affordable housing as defined in the appendices as well as a requirements for a diversity of residential types • Affordable housing targets will be developed with the Region 1 Smart Growth on the Ground — Large Format Retail htto: / /www.soog.bc.ca /uolo /OIFRB LargeFormatRetail.odf 4 3.3 For a Healthier Community the Official Plan should: provide for access to healthy foods and food security, i.e. ❑ Allocation of space for community Gardens (tying in to Open Space) ❑ Policies to preserve agricultural Lands and to encourage links between farmers and communities (markets, farm gate retail). ❑ A vision and policies to limit retail sprawl and to encourage the availability of healthy food within walking distance of residential areas. ❑ Minimizing density of fast food outlets PMN • Other Commercial zoning (outside of the Downtown) may result in food stores concentrated on busy roads with difficult access for pedestrians and cyclists Recommendation: Include Schedule 2A in on -line Draft Official Plan for review Recommendation: 3.2.3 Add a policy to develop a strategy for connecting pedestrian and cyclist traffic to the The Niagara Square Retail District and other concentrations of retail /commercial uses. Connecting roads should also be cyclist friendly with clear walkways from the sidewalks to building entries; bicycle parking and transit friendly to allow a range of transportation connections and easier access to food shopping. Similarly 3.2.4, and especially 3.2.5 where residential uses are envisioned. Recommendation: Ensure that the comprehensive retail strategy (the Market Overview and Economic Analysis" p 2 -14) outlines a retail vision with the amount of retail needed to accommodate growth and to ensure food stores are geographically accessible to residents that may not have access to a car. • Recommendation: Open Space policies should reference "Community Gardens" in permitted uses. 3.4 For Healthier Community the Official Plan should: integrate a connected open space and recreation system to provide accessible, walkable recreation opportunities for a diverse range of users. P M • 4.1 The Park in The City Recommendation: Given the connection between tourism and cycling in the Niagara Region, add a policy regarding cyclists movement and improving connections (as per a City Active Transportation Plan and /or Regional Cycling Plan. • 4.1.22 e) Recommendation :... pedestrian, add and cycling" access .. . • Parks and Open Space Section 12 Recommendation: should promote trails and open space networks for recreation but also for everyday utilitarian uses (i.e. shopping, commuting, school travel) — include revised wording in 12.5 5 4. Design 4.1 For a Healthier Community the Official Plan should: feature or plan for an Active Transportation (AT) Masterplan which is coordinated (i.e with key origins and destinations, regional network and parks systems, utility and rail corridors), to provide access to mobility for all ages, abilities and incomes, to provide greater opportunities for physical activity, to improve safety for the most vulnerable road users and to provide practical options to reduce auto- dependence. I P M • 4.2.8.3 Recommendation: add" vi) Transportation Demand management Study and vii) a pedestrian and cyclist circulation plan in accordance with Regional and City planned networks" • 4.2.20, 4.2.24 and 4.2.32 Recommendation: add, cycling and transit infrastructure • 4.2.22 and 4.2.30 i) Recommendation: add, "cycling" connections .. . • 4.3 Recommendation: Public Realm objectives should include "reducing car dependence and encourage transit, walking, cycling and accessibility for all. " Recommendation: Pedestrian and Bicycle circulation should be detailed in a Master Plan with various designs designated for various conditions (on and off road). This would enable coordinated planning and improvements. Recommendation: Map Schedules should include transit routes (proposed and existing) and cycling networks (tails, Regional, parks links, etc.) - proposed and existing. • 4.5 Parking and 4.6.7 Site Plan Approval Recommendation: include provisions for some percentage of sheltered bicycle parking • 1.5 Transportation & Active Transportation Facilities Recommendation: 1.5.13 Pedestrian and Bicycle circulation should be detailed in a Niagara Falls Active Transportation Plan with various infrastructure designs designated for various conditions (on and off road). This would enable coordinated planning and improvements at the City level (Part 2 plans, Parks and Openspace systems, Utility corridors, etc.) as well as Regional Plans. Recommendation: In general Transportation section and Residential sections should prioritize transit and non - motorized transport modes (i.e. with a "Complete Streets" policy) to compliment the desired "complete community" especially when new roads are planned or roads are to be re- constructed. The road classification system should explicitly consider accessibility, transit, cyclists and pedestrians on all classes except freeways. • 1.5.34 outlines plans to widen an extensive list of roads over time Recommendation: Add, "road reconstructions and road widenings present an opportunity for improving infrastructure for all modes of travel and should explicitly include considerations for transit, cycling and walking. 6 4.2 For a Healthier Community the Official Plan should: target priority infrastructure improvements where there are concentrations of vulnerable road users (i.e. around schools, retirement residences, downtowns, and new developments I P M • 3.2.2.10 outlines urban design considerations for the streets in the downtown. Recommendation: add "d) Include provisions for cyclists in the public right of way, i.e. designated bike routes or lanes, public bicycle parking (sheltered if possible)" • 4.3 Gateways. Recommendation: Add, "Where major roadways pass through more urban areas (i.e. the downtown or near a school) increase safety for pedestrians and cyclists to ensure traffic speeds are reduced and the planned function of the adjacent uses are supported. Designate `gateway" features to signal to drivers that there are vulnerable road users (i.e. using decorative columns or walls, signage, sidewalks, lighting, banners, planters, planted centre medians, curb neck - downs, signalized pedestrian crossings, etc.) • Recommendation: Schools and connecting networks should be identified on an Active Transportation Master Plan. Similarly, include senior's buildings, destinations and higher density communities where car ownership levels may be lower. 4.3 For a Healthier Community the Official Plan should: utilize planning tools (i.e. Site Plan Control and Community Improvement Plans) to ensure new buildings, subdivisions and transportation infrastructure are universally accessible well designed and connected to a pedestrian and cycling system (i.e. design standards for multi -use trails, sidewalks, streetscaping, minimized parking requirements, building entrance / sidewalk relationship and provision of bicycle parking 4 ). I P M • Part 3 Urban Design Preamble Recommendation: ... pedestrian and add," transit and cyclist" oriented .. . Recommendation: add section regarding "Gateways" see recommendations under 4.2 above • Part 4 Secondary Plans Recommendation: add "3.3.7 A pedestrian and cycling circulation plan based on the City's Active Transportation Plan and the Regional Bicycle Plan" • Section 10 Site Plan Control Recommendation: 10.2.3.. add "... cycling supports (i.e. interior and exterior sheltered bicycle parking, lighting, etc.)" • Section 11 Community Improvement Recommendation: add "11.5.17 improvements to trail and on -road cycling infrastructure" • 14.2.7 Traffic Impact Study Recommendation: add, "Traffic impact studies where required should outline transportation Demand Management Strategies to reduce auto dependence and parking requirements" 2 Age Friendly Cities Checklist http: / /www.who.int/ageinq /publications /Age friendly cities checklist.pdf 3 http:// www.mah.gov.on.ca /Page6492.aspx http:// www. mah.00v.on.ca /AssetFactorv.asox ?did =6861 4 Planning by Design, Ontario Professional Planners Institute http://www.mah.gov.on.ca/AssetFactory.aspx?did=7171 7 s^" Y Y 4 Y � F` .! }k ,„„'� '4 ' � `.. Less than 20 ache Y Yt I. Y i 'k Y if'_ t a ' fi z ts , P l ° a I Typ ' K. - y. �y g n"2 T i m ` �'. +fie k Single detached 4 Y TLC t rvice -s- �,f.,+. +r� h�YVv�ri •Kf'h 'a� 4 ' S h xY °r 1 4 i � �'•3 x '` - None. Requires dial -up cabs, jitneys etc. 4y Gt■� Y 'C' 4€ %'?�. ` r Less than seven ucha .„F'k;.' a � Less than 10 pogh Up to 40 ppha Up to 25 ppgh 15 upha Single detached Marginal transit. Buses every hatf- hour. Rush hour expmssbus. Up to 90 Pita Up to 50 ppgh 35 upha enti- deladhed, townhouses Good bus service.' 120 to 130 ppha 70 to 75 ppgh 52 upha Duplex, rows, triplex Exoeeent bus service, possibly ightrail (LRT). 140 to 250 ppha 80 to 140 ppgh 75 b 180 upha Row houses, ow- rise apartments taus, LRT, streetcar. 200 to 350 ppha 115 to 195 ppgh 175 to 300 upha Medium -rise apartment plus high -rise Can support subway and feeder bus newest. 4.4 For a healthier community the Official Plan should: anticipate possible air pollution and noise impacts related to busy roadways by requesting air and noise studies to determine potential health impacts on users (i.e. especially for seniors homes, residential uses, day care centres and schools). P • Section 1.7 and 1.5.32 may require a noise study. Recommendation: add "and an air study" Other references used in our review Canadian Institute of Transportation Engineers, Promoting Sustainable Transportation Through Site Design, 2010. Ministry of Energy and Infrastructure, Places to Grow, the Growth Plan for the Greater Golden Horseshoe, 2006. Ontario Ministry of Municipal Affairs and Housing, Provincial Policy Statements http://www.mah.gov.on.ca/Page215.aspx The Ontario Professional Planners Institute, Healthy Communities Sustainable Communities 2007, http: / /www.ontarioplanners .on.ca /pdf /Healthy Sustainable Communities 2007.pdf The Ontario Professional Planners Institute Planning by Design A Healthy Communities Handbook, 2009, http : / /www.ontarioplanners.on.ca /pdf /Healthv Communities Handbook.pdf The Region of Halton, Creating Walkable and Transit Supportive Communities in Halton, 2009 http://www.halton.ca/common/pages/UserFile.aspx?fileld=18644 Table 1: Relationship between Land Use Density and Transit Potential. Source: Modified from Metro Toronto Building Ltd., 1990; Hemson et a1., 1993; Lehman & Associates with IBI et The population per gross hectare numbers were calculated assurrung fiat net density rs appro xvnate 1.8 times the gross density (based on the density values provided in Table 2). S Although Good Bus Service" is not defined, based on the chart, it is reasonable to assume that good bus service provides more frequent service than buses every half-hour and rush hour express bus. 8 (6/7/2010) Barb Macdonald - 9316BC June410_Letter to City Regarding Draft OPA.pdf PLANNING URBAN DESIGN & LANDSCAPE ARCHITECTURE MHBC PLANNING .lane 4, 2010 Alex I brlmitdt Director of Raring &Development Cityaf Nagaa Falls 4310Queen Street, Nagaa Fells, ON L2E6X5 Dear Mr.Neriovitch; RE: DRAFT OFFICIAL PLAN AMENDMENT HOME DEPOT HOLDINGS INC. 7190 MORRISON STREET MHBC FILE: 93168C V1h ae writing on behalf of Horne Depot Holdings Inc to outline our general support aid minor concerns with the Citys draft Growth Rai Official Rai Amendment with respell to our client's lands a the aboi.e address. Theexsting Home Depot store Dit this location is to continue to be designated %Mafar Commerda in the Offida Rai's laid use plat. This designation continues to permit the store, V% support the Cilys direction in this regad. Notwithstaicing, the proposed OPA would introduce a 'Node overlay on the site ail surrounding Major Commerda aea through the new Lkbai Structure Han, Mere Major Commerda aea; Die identified as Nodes, residential uses Die permitted. agriificant residential development is permitted at the Morrison/Dosch ester f tal Etstrid, rnilads directly adjacent to the eidsting Home Depot. cue to the potentia for high - density residential development and intensific ion in the aea surrounding cur client's property, we mtidpate potential laid use conflicts which could negatively 'moat I-bnie Depot's daily operations. As such, we request tha aprovision be included in the general Commerda poll des of the final Offida Ran to recognize that aiy Fpplirtions to develop residential uses in prwomity to Basting commerda uses shdi be required to identify aid mItigate any potentia noise 'moat sfrom ai odsting use, a the expense of the applicait. V% would be pleated to discuss this mater with City staff. Reese aso include us on the notification list for any future notiticaions aid for the notice of adoption of the draft anendment. Thaik you, Yours truly, MHBC Planning u.k.c, I Li( (C� 230- 7050WESTONROAD/ WOODSPoDGH ONTARIO L4L8G7/ 79057615588/ E905 761 5589/ WWW.MHSCPLAN.COM RECEIVED JUN t 2O PLANNING g DEVELOPM Page 1 96 BOUSFIELDS INC. June 8, 2010 Mr. Alex Herlovitch Director of Planning City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Dear Mr. Herlovitch: Re: Growth Plan Conformity Update, Draft Official Plan Amendment City of Niagara Falls File No. AM- 2010 -002 Hospitality Resorts Inc. Comments As you know, we are planning consultants for Hospitality Resorts Inc. with respect to their lands located on the west side of Kalar Road, north and south of Mountain Road, which are proposed to be developed as the "MONT ROSE At Niagara" proposal. We have reviewed the Growth Plan Conformity Update Draft Official Plan Amendment ( "Growth Plan OPA ") and have the following comments. In our view, the following policies of the Growth Plan OPA (Policy 2.10 of Part 1 and Policy 2.7 of Part 4), which relate to urban boundary expansions, are contradictory (see my emphasis): PART 1 - Section 2 - Strategic Policy Direction "2.10 Expansions to the urban boundary shall only be considered after successful completion of the required Regional Comprehensive Review and subsequent Local Comprehensive Review which shall occur no less than five years from the previous municipal comprehensive review." PART 4 - Section 2 - Official Plan Review and Amendments Project No. 0323 "2.7 Expansion to the Urban Area Boundary (shown on Schedule A and identified in the Regional Policy Plan) where a Municipal Comprehensive Review has been completed (as defined by the Provincial Places to Grow Growth Plan), will be considered during the periodic City review of the Official Plan as outlined in Policy 2.1 or through specific applications initiated by the City. While Policy 2.7 of Part 4 clearly allows for City - initiated applications to expand the urban boundary outside of the five -year Official Plan Review process, Policy 2.10 of Part 1 does not. In this respect, Policy 2.10 of Part 1 does not conform to Policy 4.6.2 of Regional Policy Plan Amendment 2 -2009 (RPPA 2- 2009), which clearly allows for City- 3 Church St., #200, Toronto, ON M5E 1M2 T 416 - 947 -9744 F 416 - 947 -0781 www.bousfields.ca initiated applications to expand the urban boundary outside of the five -year Official Plan Review process. Based on the foregoing, we request confirmation that Policy 2.10 of Part 1 will be revised to allow for City- initiated applications to expand the urban boundary outside of the five year Official Plan Review process consistent with Policy 2.7 of Part 4 of the Growth Plan OPA and in conformity with Policy 4.6.2 of RPPA 2 -2009. Thank you for your consideration of these comments. If you have any questions or wish to discuss this submission further, please do not hesitate to call me or Mike Bissett of our office. Yours truly, Bousfields Inc. Peter F. Smith B.E.S. MCIP, RPP cc: Dean Iorfda, City Clerk Joe DiCosimo Don Wilson Ed Lustig 2 96 BOUSFIELDS INC. Clerk's Department Inter - Department Memorandum TO: His Worship Mayor Ted Salci & Members of Council FROM: Dean Iorfida City Clerk Ext. 4271 RE: Victoria Centre BIA Banner Request NiagaraJ�alls CANADA DATE: June 14, 2010 Staff received the attached request from the Victoria Centre BIA for permission to erect banners on the utility poles within their BIA area. The request meets the banner provisions of the City's Sign By -law 2008 -224, as amended; however, the By -law prohibits signs on or over public property and fixed or attached to utility poles. Staff feel that banners that promote the BIA, and do not contain third party advertising, are a positive thing. Staff will work toward a procedure for such banner requests and amend the by -law, accordingly. Thus, staffs recommendation is as follows: RECOMMENDATION: That Council approve, in principle, the Victoria Centre BIA request, directing staff to prepare the appropriate amendment to the Sign By -law. hp( Working Together to Serve Our Community Clerks • Finance • Human Resources • Information Systems • Legal • Planning & Development (6/1/2010) Dean lorfida - VCBIA banners From: To: Date: Subject: Attachments: "Sue McDowell" < suemcdowell @fallsviewboulevard.com> "'Dean lorfida "' <diorfida @niagarafalls.ca> 5/26/2010 6:29 PM VCBIA banners 4215_001.pdf; banner installation request to city.doc Hi dean.here are the drawings for the banners..letter requesting permission is also attached. As usual..Thanx so much! Sue McDowell Executive Director Victoria Centre BIA Clifton Hill District P.O. Box 841 Niagara Falls, Ontario L2E 6V6 tel: 905 358 7137 fax: 905 358 5891 cell: 905 348 4880 Visit our website < http : / /www.TopOfCliftonHill.com> www.TopOfCliftonHill.com Life is what you make of it...Kinda like play- Doh.... Stay * Play* Discover * in the Clifton Hill District! Leave serious behind!! Page 1 0" 6' 0 DONUT N 1 Fes- 2 0" 1 I 4 0" 13' • 6" 12" . 6" \ � i ' 12 3 ' 0" I 18" ,, / C 3 ' 6" i (6/1/2010) Dean lorfida - 4215_001.pdf 4' 2 II . in 1/2" 18" 1 1-"- 26" 0 I A GRADE NAMEPLATE VIEW A 3 1/2 x 10 1/2' 2IN0 RECESSED H.H. BOX & COVERPLATE C/W TAMPERPROOF SCREWS & 16 GROUND WIRE PAINT: BLACK 3" BELOW GRADE WIRING APERTURE 1011:1 15A/120V GF1 DUPLEL RECEPTACLE C/W WEATHERPROOF COVERPLATE REV. A B VIEW A ALTERATION BANNER ARM & DR LOCATION CHANGED BANNER ARM LENGTH CHANGED BANNER DIRECTION THRU APERTURE H.H. BOXES & NAMEPLATE FLOWER POT ARM King U ninaIrs • StrosCrst• • Est. 1953 S T R E S S C R E T E G R O U P PROJECT /CUSTOMER: VICTORIA AVE. BIA DRAWN BY: TASHI B. AT: SC1 FLOWER POT ARM MAO DRAWING TYPE: CONCEPT DRAWING DATE 4/30/10 4/30/10 I UMINAIRF SPECIFJ'AT10NS CATALOGUE NO.: K829 -HGFL- III- 150(MED) -MH- 120 -KPL20 QUANTITY: TYPE: AURORA SENIOR OPTICAL SYSTEM: HYDROFORM GLASS FIAT LENS TES CLASS.: TYPE III WATTAGE: 150W SOCKET TYPE MEDIUM LIGHT SOURCE METAL HAIJOE LINE VOLTAGE: 120V PAINT: BLACK OPTIONS: »1S1 S5n AMP BY OTH RS RAI LAST SPECIFICATIONS SUPPUFO ALTERNATE BALLAST TYPE: HX -HPF HX -HPF BALLAST MANU.: UNIVERSAL ADVANCE CATALOGUE NO.: - - QUICK DISCONNECT Hi TERMINAL BLOCK PLEASE SELECT ONE OTHER: ARM SPECIFICATIONS CATALOGUE NO.: KA54- T -1 -3' QUANTITY: MATERIAL ALUMINUM PAINT: BLACK p01 E SPECIFICATIONS CATALOGUE NO.: E250- BPO -G -S10 QUANTITY: SECTION: OCTAGONAL COLOUR: MIDNIGHT LACE FINISH: POUSHED POLE TOP: 5 3/8" FL/FL POLE BUTT: B 1/2" FL/FL LENGTH: 25' 0" APPROX. WEIGHT: 1000 Ibs. ARM SPECIFICATIONS CATALOGUE NO.: FLOWER POT ARM QUANTITY: MATERIAL' ALUMINUM PAINT: BLACK CHECKED BY: "NO APERTURE ARM & BANNER BANNER ARM DIRECTION THROUGH HOLES DRAWING NUMBER: 206A5801 BY T.B T.B Manufacturing locations. Burlington, Ontario 1- 800 -268 -7809 Northport Alabama 1- 800 -435 -6563 Atchison, Kansas 1- 800 -837 -1024 Jefferson, Ohio 1 -800- 268 -7809 DATE: I REVISION: 04/28/2010 A J Page 1 Niagaraaalls (A��DA REPORT TO: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Legal Services SUBJECT: L- 2010 -10 Permanently Close, Declare Surplus and Convey Parts 1 and 2 on Reference Plan 59R -14168 Portions of St. Paul Avenue and Church's Lane Oswald House Fence Issue Our File No.: 2006 -350 RECOMMENDATION L -ZU1 U -1 U June 14, 2010 That Parts 1 and 2 on Reference Plan 59R -14168 ( "subject lands ") located on portions of the St. Paul Avenue and Church's Lane road allowances be permanently closed; declared surplus; and conveyed to the abutting landowner located at 2922 St. Paul Avenue. EXECUTIVE SUMMARY As a step in the procedure for restoring the deteriorating stone wall and iron fence located within the St. Paul Avenue and Church's Lane road allowances, at the corner of St. Paul and Church's Lane, the City must permanently close, declare surplus and convey those portions of the road allowances that a fence is located on, to the abutting owners of 2922 St. Paul Avenue. BACKGROUND For some time, the City and the owners of 2922 St. Paul Avenue were seeking a satisfactory solution to the problem of the deteriorating condition of the historic stone fence associated with that heritage building. After careful consideration Council adopted Report PD- 2009 -91, a solution which involved the owners of 2922 St. Paul Avenue reconstructing the fence with the support of certain heritage grants from the City. The City would transfer the part of the subject road allowances that is supporting the fence to the owners of 2922 St. Paul Avenue. The by -law designating Oswald House as a heritage property would be amended to include the land that is the subject of the transfer. In order to transfer the subject lands to the owners of 2922 St. Paul Avenue, it is necessary to permanently close and declare surplus parts of the St. Paul Avenue and Church's Lane road allowances. Therefore, it is our recommendation that the subject land be permanently closed, declared surplus and conveyed to the owners of 2922 St. Paul Avenue. Public notice of the permanent closure, declaration of surplus and sale was given in the June 5, 2010 issue of the Niagara Falls Review in accordance with the City's By -law No. 2003 -02. June 14, 2010 - 2 - L- 2010 -10 ANALYSIS /RATIONALE Closure and conveyance of the subject land will bring to a close the issue of the fence and will allow the owners to commence restoration of same. FINANCIAL /STAFFING /LEGAL IMPLICATIONS The City's financial responsibility will be as follows: • $673.58 being the cost of the Reference Plan from the Legal Services' budget LIST OF ATTACHMENTS • Reference Plan 59R -14168 • Council Report PD- 2009 -91 Recommended by: Respectfully submitted: L. Banks Attachments Ken Beaman, City Solicitor Ken Todd, Chief Administrative Officer ✓ 4 D s Z rri - 53 0 4 (P2. P3 k ME22,( as NO'46'W 2.15' 1.37' NO'26'E N0 17'30'E o LOT 44 LOT 36 (FORMERLY REGIONAL ROAD N0._100. BY BY -LAW 200 -44, INST. NO. R0769796) P.I.N. 64275-0152(LT) AVENUE PP (ORIGINAL ROAD ALLOWANCE BETWEEN STAMFORD TO • IP LOTS) __ (CLOSED BY BY -LAW 2184, INST. NO. R089305 AND CONFIRMED BY BY -LAW NO. 22.0, INST. N0. R095368) - cP • ST. PAUL NO' 10'W _X_ X �-- -X--- -,:� -1 WIDENING BY INST. NO. AA3037, TRANSFERRED BY INST. N0. BB71700 (HIGHWAY PLAN P- 1907 -25) 100.19 N0'26'E (PI, P2 k MEAS.) 140'26'E (P1 k P2) 63.59' LOT 43 ill 0 g o 22 m C) 0 z 1 z 1 1 O -n z _ D- D- 73 D PART 1 PART 5, 121.8 (P2. P3 k WAS) PLAN 59R -2005 (P1, P3 k YEAS) i r 0 0 0 rn Z 0 23 12:g f � D D �� = V; 5^m� �Q� A -P. m H = K � Z�� rc a < 100.51' _ X . .� . X 118.88' AA !=1 _ oN r VI" ,0T `C Y f M WO N �` O 6 y co l .p w m t\) O rLR j o ° (0 A T V v� 4 — m o u R � x° f' //� E (a n 3 / > LOT m 13 m z 0 rn m T7 2" r z 0 m (AS COMMONLY KNOWN) - ' 4 c 125.8 Z (P2 • MEAS.) - -■ ➢ O A WO 4 (r PART 3 59R -8429 A 0v O ti NO J 0 0 ✓ O D N m 0 0 0 NiagaraRlls REPORT TO: SUBMITTED BY: SUBJECT: RECOMMENDATION EXECUTIVE SUMMARY BACKGROUND Councillor Carolynn loannoni, Chair and Members of the Community Services Committee City of Niagara Falls, Ontario Planning & Development PD- 2009 -91 James Oswald House Stone Wall with Fence 2922 St. Paul Avenue November 16, 2009 The recommendation(s) contained in this report were adopted in committee and ratified by City Council 1) That the Committee recommend to Council that it reconsider its August 10, 2009 decision (Option 5). 2) That the Committee recommend that Council approve Option , subject to an easement agreement with the owners of the James Oswald House 2922 St. Paul Avenue. Options to preserve the stone wall and iron fence at the Oswald House on St. Paul Avenue have been discussed for a numberof years. Staff Report PD- 2009 -25and supplementary Report PD- 2009 -32 (attached) outlined an approach for the restoration of the stone wall and fence in a new location, approximately 1.5 m (4 ft) east of its current location, with approximately 2.7 m (9 ft) of the road allowance being deededto the property owners. Council directed staff to negotiate this option with the owners which was subsequently presented in Report PD- 2009 -57 (attached) on August 10, 2009. Council did not adopt the recommendation of the report and directed that the fence be removed and the parts of the fence be offered to the owners of the Oswald House. On August 31, 2009, Council deferred any actions regarding the removal of the wall with fence until a public information meeting was held and a staff report submitted listing all of the options to be considered. A letter from David Fotheringham and Steven Bailey dated November 3, 2009 outlines the owners approach to preserve the fence which has afforded a further review. This report is a summation of the essential information about the issue, which along with the presentations of the public and the owners, should allow Council to be fully informed prior to making a decision. Notice of this meeting was advertised in the Niagara falls Review and was circulated to the owners, to Kym Cody, (co- ordinator of the Petition - first page attached) and to the Friends of Stamford Village. Staff has been working with the owners of the James Oswald House to develop some alternative courses of action with regard to the future disposition of the stone wall with iron fence that has been associated historically, physically and socially with the house for the last 150 years. It was originally placed there as a boundary fence separating the front yard of the James Oswald House from the road. The fence came to be situated on the road allowance in the 1920's when a widening was taken by the Province for then Highway 8. The fence is a local landmark and has been a significant part of the streetscape in that area. Fences are fragile parts of the history of a property and examples which remain are rare. This is among the few remaining features of the streetscape from the mid 1800's. When the house was designated it was assumed that the fence belonged to the property of 2922 St. Paul Avenue. It was only when the current owners approached the City for a Designated Property Grant to assist in the restoration of the fence that the actual ownership of the fence was questioned as a survey showed that it was located on the St. Paul Avenue road allowance. Various options have been investigated by both the owners and municipal staff which are generally outlined in the following table. OPTION PROS CONS 1. Leave the fence in place on St. Paul Ave road allowance with a licence to encroach granted to the Oswald House owners. 1. Fence remains in original location; 2. Owners responsible for conservation /preservation 2. Leave fence in place on St. Paul Ave road allowance and close 4.0 m (13 ft) of road allowance and convey it to the owners. 4. Move the fence back 4.0 m (13 ft) from existing location onto Oswald House property. 1. City would retain existing road allowance for future road widening. 2. Encroachment on City Road allowance would be relieved. 2. 3. Fence no longer in original location. Cost - sharing of fence reconstruction between City and owners. Owners landscaping would be significantly com promised. 3. Retain 1.5m (4 ft) for road allowance and dose 2.7m (9 ft) of road allowance and convey to Oswald House owners and relocate wall with fence to new lot line. 1. Fence remains in original location. 2 City has no further responsibility. 3 Owners responsible for conservation /preservation. 1. City relieved of encroachment. 2. Would allow for construction of municipal sidewalk and drainage works within the road allowance. 1. Easement agreement required between City and owners. 2. Fence may have to be moved at City cost in future if St. Paul Ave is widened. 1. If road widened in future, fence would have to be moved and City would have to purchase portion of lands needed back from the owners. 1. Fence no longer in original location. 2. Expensive to disassemble and reconstruct in new location. 3. Cost - sharing of fence reconstruction 5. Removal of fence from City's Road allowance and offer component parts to Oswald House owners. City would retain existing 1. road allowance free and clear of any obstruction for future road widening, if required. Loss of a significant piece of local heritage. * $3,000 /year for 3 years FINANCIAL $16,000 by owner to restore w $ 6,000 by City Designated Prc $ 3.000 by City Designated Pr Budget) + cost of Reference Plan by Ci $16,000 by owner to restore WE $ 6,000 by City Designated Prc $ 3,000 by City Designated Pr Budget) +cost of Reference Plan by City +cost to City to purchase futu determined) $19,000 by City to move stone $ 6,000 by City Designated Pro $ 3,000 by City Designated Pr Budget) +unknown cost to owner to rest +cost to City to prepare Referer $19,000 by City to move stone $ 6,000 by City Designated Pro $ 3,000 by City Designated Pr Budget) +unknown cost to owner to rest $ 5,000 by City to demolish /rem Works New Sidewalk Budget) November 16, 2009 ANALYSIS & RATIONALE A letter dated November 3, 2009 (attached), submitted by the owners outlines their interest in the fence. The letter in essence acknowledges that the fence is the property of the Oswald House and removes any previous debate as to who is the actual owner. The owners indicate that they are willing to restore the stone wall and fence in place and contribute $16,000 toward that work. The owners would also be applying for funding under the municipal Designated Property Grant program for assistance of $3,000 per year for 3 years as previously supported by the Municipal Heritage Committee (1 grant is being held in a City reserve account). The future grants would be subject to review and program availability. The owners also indicate that they were previously reluctant to spend money on the wall and fence when they did not own the ground on which it sits, but have now reached a level of comfort with this situation. The proposal laid out by the owners could be accommodated under Option 1 in the table. Under Option 1 the City would grant an easement agreement over part of the municipal road allowance which includes the standard indemnification clause. The City would assume the costs of the reference plan. The advantage of this situation is the existing road allowance stays intact. The City is not being asked to invest money in the removal or restoration of the wall beyond the eligible grants available under the Designated Property Grant program. By leaving the wall in its current location, it is possible to avoid the costs, previously reported, which would be necessary to move the wall back 1.5 m (4 ft). This approach would be consistent with the Province's Eight Guiding Principles in Conservation that the original location of the heritage structure be respected and that it not be moved unless there is no other means to save it. There is sufficient room to install a municipal sidewalk between the curb and wall /fence, special care will be needed given the close proximity. The potential exists for a win /win situation where the fence is preserved, the owners assume the bulk of the cost to restore the wall with iron fence, the City's contributions are minimized and the fence remains a part of the streetscape and the history of Stamford Village for the benefit of the larger community. FINANCIAL/LEGAL IMPLICATIONS CITY'S STRATEGIC COMMITMENT - 3 - PD- 2009 -91 Under Option 1, the costs to the City are minimized to a reference plan cost and designated property grants. There would be no expenditure for the relocation of the fence. The City Solicitor has provided a legal opinion that the part of the wall that is on the St. Paul Avenue road allowance was never designated as a heritage feature. It is recommended that should Council elect to take steps to preserve the subject part of the fence that by -laws be prepared to: 1) designate the part of the fence that is on the St. Paul Avenue road allowance, pursuant to the Ontario Heritage Act; and 2) suspend the public right of passage over the area of the St. Paul Avenue road allowance that is required to preserve the subject fence and to provide the owner of 2922 St. Paul Avenue with undisturbed occupation of that part of the St. Paul Avenue road allowance that is enclosed by the fence. The Council's strategic priorities provide ensuring the quality of our neighbourhoods, urban design and streets and sidewalks, among otherthings. City Council's Official Plan policies regarding Heritage Resources promote heritage preservation. November 16, 2009 - 4 - PD- 2009 -91 LIST OF ATTACHMENTS ► Staff Report PD- 2009 -25 ► Staff Report PD- 2009 -32 ► Staff Report PD- 2009 -57 ► Email from Kym Cody, Co- ordinator of the Petition. Recommended by: Approved by: Respectfully submitted: P.Boyle Attach. S:1PDR12009\PD- 2009 -91, Oswald House Fence, 2922 St Paul Ave.wpd Alex Herlovitch, Director of Planning & Development Ed Dujlovic, Executive Director, Community Services c r t KenTodd,Chief Administrative Officer Subject Land MI LOCATION MAP Location: 2922 St. Paul Avenue Assessment #: 272504000116500 K: GIS_Requests\ 2009 \SchedulesVoningAM9922_StPaulAve\mapping.map CHURCH'S LANE N 1:NTS 0 LOCATION OF FENCE - A 11 - FENCE e- Nt 11 '''' • ''' 1:7_,) -:;i:,:"; „,,,,_., ••,,,,...,- -_15 -n---- K ..., , - -,- I • ' —_ ) .1 . ..er. ' '' • ■ ',• ... - , 1 ; c _ . ._ '----,i,_-_ 4 IS Location: 2922 St. Paul Avenue Assessment #: 272504000116500 K:WIS_Requests\2009\Schedutes\ZoningAM \2922_StPaulAve\mapping.map I , 1 • ", SITE A:REA-1 SC 13LT, AVA=3,47.9 SC FT COVEACE-- 2.3.2% .00,1"Mi TING 13:JIL0NG IrCE,A7 Cr . _ I -- _ --- ' %.,,,''s p ., ..,, :„..,//)„:;..,: ..,S, :t j7/ 777 , /;/;?'? % 7 ' ' A y" 7 ;,..rc fa,/ / "./..-'73/..4 ' ' / . 4^' 1" N 1:NTS Niagara) alts CA�A11 REPORT TO: SUBMITTED BY: SUBJECT: RECOMMENDATION BACKGROUND 1. Rankin Construction 2. Brennan Paving 3. Economy Paving 4. Norjohn Contraction 5. Circle P Paving His Worship Mayor Ted Salci and Members of Municipal Council City of Niagara Falls, Ontario Municipal Works MW- 2010 -38 2010 Asphalt Overlay Program Phase 1 and 2 Contract Award MW- 2010 -38 June 14, 2010 1. That the City of Niagara Falls award the tenders for the Asphalt Overlay Phase 1 and Phase 2 to Rankin Construction Inc. 2. That the Mayor and City Clerk be authorized to execute the necessary agreement. EXECUTIVE SUMMARY The Asphalt Overlay Phase 1 and Phase 2 maintenance contracts are completed each year with the goal of improving the road network within the City of Niagara Falls. The roads that are to be overlayed can be seen on the attached maps. The lowest tender for Phase 1 was received from Rankin Construction Inc. in the amount of $476,445.00. The lowest tender for Phase 2 was received from Rankin Construction Inc. in the amount of $586,985.00. This contractor has previously performed similar type projects for the City. We are of the opinion that this contractor is capable of successfully undertaking these projects. The contract value is within budget forecasts. The Tender Opening Committee, in the presence of the City Clerk Mr. Dean Iorfida, opened tenders on Tuesday, June 1, 2010 at 1:30 p.m. for the above noted contracts. For Phase 1 of the contract tender documents were picked up by six(6) Contractors and five(5) bids were received. Listed below is a summary of the totaled tender prices, excluding HST, received from the Contractors: St. Catharines Port Colborne Niagara Falls Niagara Falls Stevensville $476,445.00 $511,836.00 $567,232.50 $583,199.13 $600,315.00 For Phase 2 of the contract tender documents were picked up by five(5) Contractors and three(3) bids were received. June 14, 2010 Listed below is a summary of the Contractors: 1. Rankin Construction 2. Brennan Paving 3. Norjohn Contracting & Paving FINANCIAL IMPLICATIONS These projects were approved in the 2010 Capital Budget. The expenditure in the tender was identified in the budget sheet included in the approved Capital Budget. The project is funded. At the present time there are no revisions to the project expenditures or funding sources. The tendered price is within original forecasts; Tender Costs Phase 1 Tender Costs Phase 2 Total CITY'S STRATEGIC COMMITMENT St. Catharines Port Colborne Niagara Falls Tender Price $476,445.00 $586,985.00 $1,063,090 The project is scheduled to commence July 2, 2010 and all work is to carry through until September 3, 2010. The overlay contracts have contingency allowances to allow for fluctuations in the market price for asphaltic cement. The completion of both phases of the Asphalt Overlay will continue to improve the quality of the road network throughout the City of Niagara Falls. LIST OF ATTACHMENTS ► Local Area Maps Recommended by: Approved by: CA S: \REPORTS\2010 Reports \MW - 2010 -38 Overlay Phase 1 and 2.wpd - MW- 2010 -38 totalled tender prices, excluding HST, received from the $586,985.00 $653,765.00 $673,925.68 Geoff Holma , Di -ct•r of Municipal Works Ken Tod , Chief Operating Officer SIMCOE THOROLD STONE RD ORRISON STREET FRASER ST MORDEN GEORGE ST. HAMILTON MENZIE ST. ELM ST, VEGTER CT. S T. N ER � OR ES. LLMOTT SIMCOE ST. ST, j OAKRIDGE QUEEN BRIDGE STREET ARMOURY JEPSON ST. MUNICIPAL WORKS THORTON ST. MORRI ELLIS !JEPSON ,-I PARK ST. / MOUNT CARMEL GROSSI CT.0 BUTTREY ST. 3 N HURON THOROLD STONE ROAD v ORIOLE DR. SCALE DONLEE DR. SWAN ST. N.T.S. 03/26/2010 BLVD. R PO L BRIDGE DATE APPROVED DIRECTOR OF MUNICIPAL WORKS lagaraitilk 2010 Asphalt Overlay of Roads - Phase 1 FILE. NO. MAP 2010 -03 1 ° S \1 Capital and Current Projects \2010 Contracts \2010 -03 ASPHALT OVERLAY\Design\2010 -03 Overlay Locations dwg O •�� R \� a FOREST RIDGE PR \CF pR MEW PK. E GATE qGU G ° • DD LID — STO CK\ S R O OGKC`F ES'. MIN CHRIS CHRIST R ° aSI NE willl GPR ��\ P JANUARY DR PI A/ EST() R D f 4 P M E S w / > a \'TOP4. z o cn / CRES. ,'. M OUNTA I N RD, MOU ST a J ° o OR MORETTA Q o� c�, J w o Z o WOODINGTO� iouni- MARCO 0ELLPARK DR �G GIOVIN Z .HANE� -. v CRES• Q D R. v P \ BI- VD M d iy w �. Si - S. o _ 0 J o L FOREST LA. ST. � P MOUNTAINGATE � Q � F. 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ST. � d a •E a o COLBORNE ST. O APPROVED r:0,0 MUNICIPAL WORKS Niagara) SCALE N.T.S. DATE 03/26/2010 2010 FILE. NO. 2010 -03 MAP 2 DIRECTOR OF MUNICIPAL WORKS DATE Asphalt Overlay of Roads - Phase 1 ■ 0 2010 Asphalt Overlay of Roads - Phase 2 z O -� 7 Z � Z O � Z I-- W O Z WESTW00D o ETHEL ALFRED ST CAVENDISH WEYBUR OVENTR RD. MCLEOD ROAD FAIRFIELD PL. REGENT CT. CHARN VE' APPROVED DIRECTOR OF MUNICIPAL WORKS HEICOOP CRES. MCGARRY MUNICIPAL WORKS 2010 Asphalt Overlay of Roads - Phase 2 SCALE FILE. NO. N.T.S. 2010 -03 03/26/2010 Niagarafial1s REPORT TO: SUBMITTED BY: SUBJECT: RECOMMENDATION BACKGROUND His Worship Mayor Ted Salci and Members of Municipal Council City of Niagara Falls, Ontario Municipal Works MW- 2010 -39 2010 Surface Treatment Program Contract Award MW- 2010 -39 June 14, 2010 1. That the City of Niagara Falls award the tender for the Surface Treatment to Norjohn Contracting & Paving Ltd. 2. That the Mayor and City Clerk be authorized to execute the necessary agreement. EXECUTIVE SUMMARY The Surface Treatment maintenance contract is completed each year with the goal of improving the road network within the rural areas of the City of Niagara Falls. The roads to be surface treated can be seen on the attached maps. The lowest tender was received from Norjohn Contracting & Paving Ltd. in the amount of $552,578.00. This contractor has previously performed similar type projects for the City. We are of the opinion that this contractor is capable of successfully undertaking this project. The Tender Opening Committee, in the presence of the City Clerk Mr. Dean Iofrida, opened tenders on Tuesday, June 1, 2010 at 1:30 p.m. for the above noted contracts. The contract tender documents were picked up by three(3) Contractors and one(1) bid was received. Listed below is a summary of the totalled tender prices, excluding HST, received from the Contractors: 1. Norjohn Contracting Niagara Falls $552,578.00 FINANCIAL IMPLICATIONS The Surface Treatment Program was not specifically referred in the 2010 Capital Budget, but was included as part of the Asphalt Overlay project. The road sections selected need attention this year to prevent further deterioration that will result in additional capital and operating costs. June 14, 2010 The program is scheduled to commence July 2, 2010 and all work is to carry through until September 3, 2010. Surface treatment will be completed up to the budgeted amount utilizing the unit cost in the contract. CITY'S STRATEGIC COMMITMENT The completion of the surface treatment contract will continue to improve the quality of the road network throughout the rural areas of the City of Niagara Falls. LIST OF ATTACHMENTS ► Local Area Maps Recommended by: Approved by: CA S: \REPORTS\2010 Reports \MW - 2010 -39 Surface Treatment 2.wpd -2- MW- 2010 -39 Geoff HolmAn, Director of Municipal Works d 0 o O . , (2 4 00... 4 \ r ' t• it. N I 1 0- 4 * IN ''' 4%ililli 0 lo ^ IN NBNENNOI R0. 0 M O CD 0 O - %ILLICK RD. 0 0 ce RD_ 0 N WEAVER RD. LOGAN RD IIII IIIIIj MILLER R0. 0 ce i- o d 0 ry Y m 0 o MARSHALL RD. .). Ct a. MARSHALL RD. Q K Q Q 2 OETENBECK RD. APPROVED SCALE N.T.S. -_ Nag MUNICIPAL WORKS DATE 03/26/2010 2010 FILE. NO. MAP DIRECTOR OF MUNICIPAL WORKS DATE Surface Treatment of Roads 2010 -08 d 0 U 56116[ER RD. v ' l •,' 1 � BOSSERT RD. 6 Oki" OWOER 4 K R . ... a o g 0 lUll 1 o RO ...a ,)_ RD O DER A,, . IIIL woem at 4 APPROVED ' SCALE ,� MUNICIPAL WORKS N.T.S. Niagar DATE 03/26/2010 DIRECTOR OF MUNICIPAL WORKS 2010 FILE. NO. MAP DATE Surface Treatment of Roads 2010 -08 2 O O wARRER R.D. O: NEWBORN RD. t 1 ROAD MOUNTAIN R MONTROSE ROAD Q r-- o �1�� C . t 5�. O D : ., O y " 4 , • . E n EMw O. W i' F- ' ? < M u )) 5 � Qa ' wo eisG 0 AINTREE _DR ST. MA. <jj E4 C z r. ANaC-' T. iiiiairgiallI 1 5 �` DCA 443 c0 ON RD. C Ot RD ro. ,A UPPERS W S ORCHARD GROVE PKWY. g w000SVI; GRES. ORES. Zs O LUNDY'S LANE CATALINA ST. E1HEL Ill RIDEAU ST. 1 x P al m NICNOlS LH. WESTW000 y t DR KENSN ON 0 C C . O V FAI X W HEICOOP ORES. Z GREENFIELD CRES. Z MCGARRY O I- p J O C' VEND U ,i , �• = it DR. 0 1/., DR. MCIEOD ROAD O MONTGOMER H MCLEOD ROAD ff APPROVED MUNICIPAL WORKS Niagara /41;4k SCALE N.T.S. DATE 03/26/2010 2010 Surface Treatment of Roads FILE. NO. 2010 -08 MAP 3 DIRECTOR OF MUNICIPAL WORKS DATE _ J Niagara,Falls REPORT TO: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development SUBJECT: PD- 2010 -45 PLC - 2010 -003, Request for Removal of Part Lot Control Part of Part 1 of 59R- 12167, More Specifically Parts 1, 2 and 3 of 59R-14216 North Side of Murray Street Owner: Mountainview Homes RECOMMENDATION EXECUTIVE SUMMARY PD- 2010 -45 June 14, 2010 1. That Council approve the request and pass the by -law included in tonight's agenda to designate Parts 1, 2 and 3 of 59R- 14216, as exempt from Part Lot Control. 2. That the owner be given three years to create the new parcels and notify the City when the separate deeds have been registered. Mountainview Homes has requested a by -law be passed to exempt the land from Part Lot Control to allow the transfer of ownership of the three freehold townhouses units that are under construction to future purchasers. The request can be supported based on the following: • The approval will permit a deed to be created for each townhouse dwelling unit and permit each property to be sold. • The use of this Planning Act mechanism is acceptable in this case and zoning is in place to permit the proposed parcels. BACKGROUND Proposal Mountainview Homes has submitted a request to have Part Lot Control removed from their lands (Parts 1, 2 and 3 of 59R- 14216) located on the north side of Murray Street, west of Drummond Road (see attached letter and Schedule 1). The removal of Part Lot Control is a planning tool that is intended to allow minor boundary adjustments to lots and blocks within registered plans of subdivision. In this case the removal of Part Lot Control is requested to allow the transfer of ownership of the three freehold townhouse units that are under construction to future purchasers. June 14, 2010 - 2 - PD- 2010 -45 ANALYSIS /RATIONALE The subject land (parts of Lots 328, 329 and 330 and part of Block A) is located in a plan of subdivision (Plan 40) that was registered in 1907. In 2001, Council passed By -law No. 2001 -266 that placed a Residential Mixed zone (R3) on the subject and adjacent land to the north and northeast. The zoning included site specific regulations ( #557) to guide the development of on- street townhouses. Approval of the requested Part Lot Control By -law that appears on tonight's agenda will allow the townhouse units to be sold. The by -law includes a time limit of three years to create the parcels and to sell them. This should be sufficient time to undertake the desired transactions. CITY'S STRATEGIC COMMITMENT Council's priority is to strengthen and promote economic development in the City. LIST OF ATTACHMENTS ► Letter of Request • Schedule 1 - Location Map • Schedule 2 - Reference Plan 59R -14216 Recommended by: Respectfully submitted: A.Dilwaria:mb Attach. 1Ab I.L,Atti td S: \PDR\2010 \PD- 2010 -45, PLC - 2010 -003, Mountainveiw, Murray Street.wpd Alex Herlovitch, Director of Planning, Building & Development Ke Todd, Chief Administrative Officer June 14, 2010 -3- PD- 2010 -45 May 17, 2010 City of Niagara Falls P.O. Box 1023 4310 Queen Street Niagara Falls, ON L2E 6X5 Attention: Ken Mech Re: Removal of Part Lot Control Ashton Heights Townhomes MOUNTAINVIEW HOMES JO Planning Re: A Please accept this letter as our application to have Part Lot Control removed from our lands legally described as Part of Part 1 of 59R- 12167, or more specifically, Parts 1, 2, and 3 of 59R - 14216. Our intent is to transfer ownership for the three existing freehold townhouse units to respective purchasers. Enclosed are 3 copies of 59R -14216 and the Cities administrative fee of $750. In addition, to avoid the potential hassle of having to extend the By -law at a later date, we kindly ask that consider a term longer than 2 years. Our hope and intent is obviously to sell the units within two years, but units in this neighbourhood, and in this marketplace have proven difficult to sell; and a term or 3 or 4 years will ensure that we don't have to extend the By -law. Should you have any questions or concerns please do not hesitate to contact the undersigned. R CEIVED MAY 2 1 2010 PLANNING LOPMENT 3350 MERRITTVILLE HWY UNIT 9 THOROLO ON L2V 4Y6 0 905 868 3100 F 905 688 5524 WWW.MOUNTAINVIEW.COM June 14, 2010 - 4 - SCHEDULE 1 PD-2010-45 Subied t.cmd 1 N 111111111111111111111 z v 1111111 1111 - sy MMES S1' MURRAY S1' m m Location: Parts 1, 2 and 3 of 59R -14216 Applicant: Mountainview Homes LOCATION MAP Amending the Zoning By -law No. null MU alx ST P1) Jun 2010 null June 14, 2010 - SCHEDULE 2 1 s s 4 4 H 8 re 9 if a Q TrIN AWN 42 7, Q t« {«tact VA AL!. a«aur mmr. uave r e w O o � 00 E VII —�� e c 4_ o N2 a 4 W D4 n� m =3 .. Q 1 4 1 a Hiaa5 S et +I 08 RE PD- 2010 -45 CITY OF NIAGARA FALLS By -law No. 2010 - A by -law to designate Parts 1, 2 and 3 of Reference Plan 59R- 14216, not be subject to part lot control. WHEREAS subsection 50(7) of the Planning Act, R.S.O. 1990, provides, in part, that the council of a local municipality may by by -law designate lands that would otherwise be subject to part lot control, not be subject to such part lot control; AND WHEREAS such by -laws are required under subsection 50(7.1) of the Planning Act to be approved by the appropriate approval authority, that being The Regional Municipality of Niagara as per subsection 51(5) of the Planning Act, subsequently delegated to the City of Niagara Falls by Regional Municipality of Niagara By -law No. 8819 -97; AND WHEREAS the said land hereinafter described is zoned by By -law No. 2001 -266 to permit the erection of on- street townhouse dwellings thereon; AND WHEREAS the owner of the said land is desirous of creating property lines between the said land to permit the on- street townhouse dwellings to be sold separately; AND WHEREAS the Council of The Corporation of the City of Niagara Falls deems it expedient to designate that the said land not be subject to part lot control. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That subsection 50(5) of the Planning Act, R.S.O. 1990, not apply to Parts 1, 2 and 3 of Reference Plan 59R- 14216, in the City of Niagara Falls, in the Regional Municipality of Niagara. 2. This by -law shall remain in full force and effect for three years from the date of passage of this by -law, after which time this by -law shall expire and be deemed to be repealed and of no effect. Passed this fourteenth day of June, 2010. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: June 14, 2010 June 14, 2010 June 14, 2010 S: \PART LOT CONTROL\ 2010 \PLC- 003\BylawPLC2010- 003.wpd A by-law to provide for the adoption of Amendment No. 94 to the City of Niagara Falls Official Plan. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS, IN ACCORDANCE WITH THE PLANNING ACT, 1990, AND THE REGIONAL MUNICIPALITY OF NIAGARA ACT, HEREBY ENACT AS FOLLOWS: 1. The attached text and maps constituting Amendment No. 94 to the City of Niagara Falls Official Plan is hereby adopted. Passed this fourteenth day of June, 2010. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: June 14, 2010 June 14, 2010 June 14, 2010 CITY OF NIAGARA FALLS By -law No. 2010 - S \OFFICIAL.PLN\AMEND \ #94 - Growth Plan Conformity \By- law_94 wpd PART 2 - BODY OF THE AMENDMENT All of this part of the document entitled PART 2 - BODY OF THE AMENDMENT, consisting of the following text and attached maps, constitute Amendment No. 94 to the Official Plan of the City of Niagara Falls. DETAILS OF THE AMENDMENT The Official Plan of the City of Niagara Falls is hereby amended as follows: 1. MAP CHANGE i) SCHEDULES "A -2 ", "G" and "H" are added to PART 6 - SCHEDULES of the Official Plan. ii) SCHEDULE "B" - PHASING OF DEVELOPMENT of the Official Plan is hereby deleted and replaced with SCHEDULE "B" - PHASING OF DEVELOPMENT attached hereto. 2. TEXT CHANGE i) PART 1, SECTIONS 1, 2, 3 and 4 are hereby deleted in their entirety and replaced with the following: "PART 1 - PLAN OVERVIEW AND STRATEGIC DIRECTION SECTION 1 - BASIS OF THE PLAN The Official Plan for the Niagara Falls Planning Area is a document outlining the long term objectives and policies of the City with respect to the growth and development of urban lands; the protection of agricultural and conservation of natural heritage areas; and the provision of the necessary infrastructure. The Official Plan is adopted under the provisions of the Planning Act and is required, through legislation which established the Regional Municipality of Niagara, to conform with the provisions of the Regional Policy Plan. Based upon the above, the Official Plan for the City of Niagara Falls is to be brought into conformity with the policies of the Regional Official Plan and is approved by the Regional Municipality of Niagara. Changes to the Planning Act and the introduction of the Growth Plan for the Greater Golden Horseshoe Area (Growth Plan) as well as other Provincial Plans enables Council to effectively use all available planning tools when considering development within the City of Niagara Falls. This Plan reflects the changes in legislation and respects the growth targets of the Growth Plan and the Regional Policy Plan. A series of public meetings of Council have been held to fulfill the public participation requirements of the Planning Act. Comments and input received have been carefully considered in the formulation of policies for this Plan. - 2 - The Official Plan will be regularly reviewed and a special meeting of Council, open to the general public will be held at least once every five years from the date of Regional approval. Such a special meeting is required under the Planning Act, and will determine the need for any revisions to the Official Plan based upon changing conditions such as growth patterns, economic trends and Provincial Planning Policies. INTERPRETATION Locations, boundaries or limits described in the text or indicated on Schedules "A ", "B ", "C ", "D" or "E" are intended to be approximate only, except where they are bounded by roads, railway lines, or other clearly defined physical features. Where the general intent of the Plan is maintained, minor boundary adjustments will not require an amendment to this Plan. Nonetheless, urban area Boundaries are considered to be precise. In any case, where the location of the Urban Boundary is in question, the precise boundary may be defined with the Region's concurrence. Where any Act or portion of an Act is referred to in this Plan, such references shall be interpreted to refer to any subsequent renumbering of sections in the Act and /or changes in the date of the Act. Where any of the policies of this Plan refer to an Ontario Ministry, the reference to such Ministry shall continue to apply regardless of any change in title to the Ministry and /or any successor Ministry that may become responsible for the subject policies. SECTION 2 - STRATEGIC POLICY DIRECTION The Official Plan for the City of Niagara Falls is intended to guide growth and development to the year 2031. The population during this planning period is expected to reach 106,800 with employment for 53,640 people. It is the intent of this Plan to focus new growth to accommodate these people and jobs in a sustainable fashion that makes for an orderly and effective use of land and infrastructure, creates compact, livable communities and protects the City's natural heritage and agricultural lands. Schedule A -2 to this Plan illustrates the City as being divided into three areas: the urban area, the non -urban area and the Natural Heritage Areas. It is the intention of this Plan to balance efficient us of urban land with the protection of Natural Heritage Areas and direct development away from the non -urban area towards the urban area. To further guide development, the urban area is divided into two categories: the Built -Up Area, (the area within the Built Boundary defined by the Province within which growth is to be accommodated through intensification); and Greenfield Areas (undeveloped lands within the Urban Area Boundary) and outside of the Built Boundary where growth will be guided by proper design. Forecast Period Total Households Total Population Household Size (ppu) Total Employment 2011 34070 89100 2.62 45690 2016 36170 94000 2.6 48560 2021 38590 99100 2.57 50820 2026 40870 103100 2.52 52240 2031 42740 106800 2.5 53640 - 3 - In order to provide for future employment opportunities within the City areas most suited for such uses are to be protected from non - employment uses. The tourism industry is now the major employer with the decline of heavy manufacturing. Lands along the Queen Elizabeth Way are ideal for those employment opportunities dependant on cross - border trade and the movement of goods. Schedule A -2 identifies the Gateway Economic Zone which are lands within the Urban area which, due to their proximity to major international border crossings, have unique economic importance to the City and Niagara Region. It is the intent of this Plan to identify these areas and protect them for future employment. Growth Objectives: 1. To direct growth to the urban area and away from non -urban areas. 2. To protect Natural Heritage Areas and their functions from development. 3. To support increased densities, where appropriate, and the efficient use of infrastructure within the Built -Up section of the urban area. 4. To phase infrastructure and development within Greenfield Areas on an orderly and efficient manner. To meet the targets as established by the Province through the Greater Golden Horseshoe Growth Plan and through the Region of Niagara Comprehensive Review. 6. To accommodate growth in accordance with the household, population and employment forecasts of the Region's Comprehensive Review: Table 1. Forecast of Households, Population and Employment This table can be amended by Niagara Region without amendment to this Plan. 7 To achieve a minimum of 40% of all residential development occurring annually within the Built up Area shown on Schedule A -2. 8. To develop the Greenfield Areas shown on Schedule A -2 as compact, complete communities with a range of housing types, employment and public transit. 9. To encourage alternative forms of transportation. 10. To plan for an urban land supply of 20 years and to maintain a minimum 10 year supply of land for residential growth through intensification or greenfield development. 11. To provide a supply of serviced land that is capable of providing three years of residential development through intensification and land in draft approved and registered plans of subdivision. 12. To protect prime employment lands for the long term supply of employment in the Tourist Commercial and Industrial designations and to identify the Gateway Economic Zone. 13. To develop a transit and pedestrian friendly, sustainable and livable City through urban design criteria and guidelines. Policies - 4 - 2.1 The City shall protect agricultural uses in the non -urban area from urban pressures through the use of the Good General Agricultural Land Use designation and its related policies. 2.2 The City shall protect its Natural Heritage Areas, their features, quality and functions, through the Environmental Protect Area and Environmental Conservation Area land use designations and their related policies. 2.3 The City shall provide sufficient lands within the urban area Boundary to meet the projected housing, population and employment targets of Table 1. 2.4 The opportunity for increased densities within the Built Area Boundary shall be provided to make use of existing infrastructure, buildings and available transit through specific policies for intensification nodes and corridors. 2.5. Phasing policies shall guide growth across the urban area to make the most efficient use of existing and new infrastructure and to reduce the costs of providing new infrastructure. 2.6 The City shall utilize Secondary Plans wherever possible for development within its Greenfield areas to ensure the design of complete communities providing both employment and residential opportunities. 2.7 The City shall identify lands along the Queen Elizabeth Way to be protected for employment uses under the Gateway Economic Zone directive of the Province. - 5 - 2.8 The City shall consider residential and employment growth in relation to Schedule "B" - Phasing of Development and the polices of Part 3, Section 1 of this Plan. 2.9 The City shall monitor growth within the urban area at 5 year intervals to measure compliance with targets of the Province's Growth Plan and the Regional Niagara Policy Plan. 2.10 Expansions to the urban boundary shall only be considered in accordance with the Regional Policy Plan after successful completion of the required Regional Comprehensive Review and subsequent Local Comprehensive Review which shall occur no less than five years from the previous municipal comprehensive review." ii) PART 2, SECTION 1 - RESIDENTIAL is hereby deleted in its entirety and replaced with the following: PART 2 - LAND USE POLICIES SECTION 1 - RESIDENTIAL Preamble The policies of this section are intended to guide the provision of housing which is affordable, accessible, adequate and appropriate to the needs of a full range of households in the City and to guide the development and redevelopment of Residential lands shown on Schedule "A" of this Plan. The City will ensure that a sufficient supply of land is available, on a continuing basis, to accommodate all forms of housing and that appropriate opportunities are provided for residential intensification. Lands designated for residential use shall be sufficient to accommodate anticipated population growth and the need for various housing types and densities throughout the period of the Plan. Residential development should occur in a manner which is compatible with the surrounding neighbourhood. Various amenity features will be incorporated within developments to ensure pleasant living conditions and a high quality of life. While housing represents the main component within this land use designation, other compatible land uses serving area residents which contribute to and enhance the surrounding residential environment will be encouraged and permitted in order to achieve a complete community. GENERAL POLICIES 1.1 The predominant use of land in areas designated Residential shall be for dwelling units of all types catering to a wide range of households. Predominant uses shall include single detached and semi - detached dwellings, duplexes, triplexes, quadroplexes, townhouses, apartments, group homes and other forms of residential accommodation. - 6 - 1.2 Opportunities for a choice of housing including type, tenure, cost and location shall be provided to meet the changing needs of households throughout the Built -up Area and Greenfield Area. In order to achieve this goal, the following shall be required. 1.2.1 Multiple unit developments, smaller lot sizes and innovative housing forms. 1.2.2 Development of vacant land, and more efficient use of under - utilized parcels and existing housing stock. 1.2.3 The full utilization and consolidation of properties to achieve larger scale and more comprehensive residential development. 1.2.4 Development of housing in conjunction with commercial developments. 1.3 A variety of ancillary uses may also be permitted where they are compatible with the residential environment and contribute to a complete community. Ancillary uses shall include, but are not limited to schools, churches, nursing homes, open space, parks, recreational and community facilities, home occupations, public utilities and neighbourhood commercial uses. In interpreting compatibility, ancillary uses will be assessed according to the following principles. 1.3.1 Ancillary uses within the Built -up Area that have the potential of generating large volumes of traffic are generally encouraged to locate: • on an arterial or on a collector in proximity to an arterial road in order to minimize disturbances to area residents; • such that area residents can conveniently access the uses by means of walking, cycling or motor vehicle; and • in proximity to a transit stop. 1.3.2 Ancillary uses within the Greenfield Area shall be provided for through design within secondary plans taking into consideration the above criteria. 1.3.3 Bed and Breakfast accommodations and Cottage Rental Dwellings within owner - occupied homes may be permitted by zoning by -law amendments where they are considered to be compatible with the residential neighbourhood. The establishment of such facilities will be carefully regulated as to their location, size and traffic generation in order to minimize potential disturbances to adjacent properties and to protect the character and identity of the overall neighbourhood. - 7 - 1.4 The development and redevelopment of residential lands in the City shall be by plan of subdivision incorporating a mix and variety of dwellings and supporting uses to foster the development of a complete community. Consents to sever individual parcels of land shall only be permitted when it can be demonstrated that a plan of subdivision is not necessary to implement the policies of this Plan or applicable secondary plan. 1.5 Minor increases in height and /or density may be allowed for individual multiple unit proposals in accordance with the Bonus Zoning provisions contained in Part 4, Section 4 of this Plan. 1.6 All residential development shall require proper and adequate municipal services. The municipality shall promote phased development to maintain logical, outward growth in residential areas in accordance with the policies of PART 3, Section 1. 1.7 Exposure of new residential development to less compatible land uses such as arterial roadways, highways or railway lines shall be minimized. In order to protect residential development from such uses, studies may be required and appropriate measures such as landscaping, berming or other buffering techniques may be required determine impacts and recommend mitigation measures. 1.8 Second dwelling units may be permitted within single- detached dwellings as implemented by the Zoning By -law subject to the following policies: 1.8.1 The lot size and configuration are sufficient to accommodate adequate on -site parking, green space and amenity areas. 1.8.2 The building meets the minimum requirements of the Ontario Building Code, Ontario Fire Code and the City's Maintenance and Occupancy Standards By -law. 1.8.3 Any proposed building addition for a second dwelling satisfies the general intent of the zoning by -law requirements relative to height, setbacks and coverage for the entire dwelling. 1.9 Affordable housing is to be provided within the Built -up Area and Greenfield Area. 1.9.1 Applications for draft plan approval of subdivisions shall include, as part of a planning report, an assessment of how the proposal will contribute to meeting affordability and demographics through subdivision design and housing mix. 1.9.2 The City, in its review of subdivision /rezoning applications, will encourage provision of varying lot sizes, housing form and unit size in order to contribute to affordability. - 8 - 1.9.3 The City shall dispose of surplus lands suitable for residential use for the purpose of affordable housing development by non- profit organizations. Similarly, various boards, commissions and agencies shall be encouraged to dispose of surplus lands suitable for residential use for the purpose of affordable housing development. 1.9.4 The City will participate with Regional Niagara and other agencies in the provision of affordable housing and the development of targets for affordable housing. 1.10 Rooming, boarding and lodging houses may be permitted by the Zoning By -law subject to the following policies: 1.10.1 The site is suitably located with convenient access to public transit and commercial districts. 1.10.2 The lot size and configuration are sufficient to accommodate adequate parking, green space and amenity areas. 1.10.3 The Ontario Building Code, the Maintenance and Occupancy Standards By -law, as well as health and safety requirements can be satisfied. 1.10.4 The structure and use would be compatible with the surroundings or, satisfactory buffering measures can be introduced to achieve such compatibility. Rental accommodation shall be protected throughout the municipality by such measures as the Residential Tenancies Act and the City's Condominium Conversion Policy, which discourages the conversion of rental accommodation when the vacancy rate is below 3 per cent. 1.12 The housing market within Niagara Falls shall be monitored on a Community Planning District basis, as well as Built -up Area and Greenfield Area, and the City shall initiate, when required, changes to municipal policy to satisfy local housing requirements. This annual monitoring program will include various housing - related information with particular emphasis on the following items. 1.12.1 Residential land supply. 1.12.2 The range of housing forms produced in new residential development. 1.12.3 New housing prices relative to household income distribution. 1.12.4 Intensification performance analysis. BUILT -UP AREA 1.13 It is recognized that opportunities exist throughout the Built -Up Area as shown on Schedule A -2 to create new housing units. Intensification, while maximizing the density of a given land area, shall be designed to integrate into the surrounding neighbourhood. The following policies are to be considered in the design of residential development, intensification and infilling and read in conjunction with the policies of PART 1, Section 2: 1.13.1 The character of the existing neighbourhoods within the Built - up Area shall be retained. Accordingly, residential development, intensification and infilling shall blend into the lot fabric, streetscape and built form of a neighbourhood. 1.13.2 A gradation of building heights and densities will be encouraged together with sufficient horizontal separation distances between taller buildings and low rise dwellings in order to ensure a complementary arrangement of residential uses. 1.13.3 Generally, development within the Built -up Area should be at a higher density that what currently exists in the neighbourhood. A harmonious mix of single and multiple accommodation will be encouraged throughout the Built -up Area so that at any one time a variety of housing types will be available suitable for different age groups, household sizes and incomes. 1.13.4 The conservation and renewal of the existing housing stock shall be encouraged as an important element in meeting future housing needs. In addition, the maintenance and rehabilitation of existing housing will be promoted by discouraging unnecessary demolition or conversion to non - residential uses through such mechanisms as demolition control and application of the Maintenance and Occupancy Standards By -law. 1.13.5 Single detached housing is the dominant housing form in existing residential neighbourhoods. Increasing the amount of various types of multiple residential accommodation is encouraged in order to provide for an overall mix of housing within the all communities. The inclusion of various housing forms through subdivisions, intensification and infilling shall not be mixed indiscriminately, but will be arranged in a gradation of building heights and densities according to the following policies: (i) - 10 - Single detached, semi - detached, street townhouses, block townhouses and other compatible housing forms are to be developed to a maximum net density of 40 units per hectare with a minimum net density of 20 units per hectare and should generally be located on local or collector streets. Such housing forms are to be of a height, massing and provide setbacks that are in character with the surrounding neighbourhood. (ii) Stacked townhouses, apartments and other similar multiple unit structures with building heights of not more than 4 storeys can be developed to a maximum density of 75 units per hectare with a minimum density of 50 units per hectare. Such development shall generally be located on collector roadways with a street presence that is in character with the surrounding neighbourhood. In addition, setbacks should be appropriate for the building height proposed and where abutting lands zoned for single or semi - detached dwellings, setbacks greater than typical standards should apply. (iii) Apartments with building heights of not more than 6 storeys can be developed up to a maximum density of 100 units per hectare with a minimum density of 75 units per hectare. Such development shall be located on current or planned public transit routes and in proximity to commercial areas. In addition, development shall comply with the following: • steep gradients in building height are to avoided; • architectural treatments such as stepped or articulated built form, changes in exterior cladding and roof features are to be employed to lessen impacts of taller buildings; • buildings shall be sited such that rear yard setbacks are equal to building height and interior side yards are appropriate for the building height proposed in relation to abutting land uses; • street frontages shall be engaged through the use of porte cocheres, podiums of landscaping; • parking is encouraged to be located within parking structures that are integrated with the development; • where surface parking is provided, the parking area shall be located in the rear or interior side yard. The parking area shall also have a landscaped perimeter of a depth and intensity that at maturity effectively buffers it from adjacent uses and streets. (iv) The above policies shall apply to development proposed within the following intensification corridors, as shown on Schedule A -2: (v) The McLeod Road intensification corridor provides a connection between the major commercial node at its interchange with the QEW and the tourist district commencing at Stanley Avenue. The corridor is characterized by single detached dwellings, mid -rise apartment buildings, a Minor Commercial node at Drummond Road and vacant lands in the eastern part of the corridor. Long term development along this corridor is envisioned as a mix of local serving commercial uses at the intersection of Drummond Road, and mid -rise residential buildings. Development within this corridor shall comply with the built form policies of Section 1.13.5 (iii), notwithstanding the building height and density provisions of that section: GREENFIELD AREA • Dunn Street • Thorold Stone Road • Victoria Avenue (notwithstanding Commercial designation). the Minor • building heights shall grade from a maximum of 8 storeys at the east end to a maximum of 4 storeys at the west end; • development shall have a minimum net density of 65 units per hectare and not exceed 150 units per hectare. 1.14 The Greenfield Area as shown on Schedule A -2 is to develop as complete communities at a small scale. Not more than 60% of new housing units are to be built in the Greenfield Area on an annual basis. Secondary planning shall be the primary implementation tool for the development of the Greenfield Area. The following policies shall apply to the preparation of secondary plans and to subdivision proposals where secondary plans do not currently exist. 1.14.1 The density of development shall occur at not less than 53 people and jobs per hectare. The calculation shall be made over the gross developable land area at a secondary plan scale, which is defined as total land area net of natural heritage areas identified for protection under this Plan, the Regional Policy Plan, any provincial plan or Niagara Peninsula Conservation Authority regulation. - 12 - 1.14.2 A diverse range of uses is to be provided including neighbourhood commercial facilities and community services and employment. These uses shall be located and designed such that they compatibly integrate with the built and natural environments. 1.14.3 A range of housing types is to be provided in terms of both form and affordability. Multiple unit housing developments are to be integrated into the form of the neighbourhood in accordance with the following: (i) Steep gradients of building heights are to be avoided. (ii) High density housing should be located within 250 metres of an arterial road. (iii) High density housing should be designed to avoid undue microclimatic impacts on abutting lands. (iv) Structured parking is encouraged to be utilized in the development of high density housing. (v) Increases in height may be permitted, through site specific amendments to the Zoning By -law, pursuant to s.37 of the Planning Act in exchange for the provision of housing units that meet the criteria established for affordability within the Provincial Policy Statement. 1.14.4 Street configurations and urban design are to support walking, cycling and the early integration and sustained viability of public transit. Although detailed urban design guidelines may be developed through the secondary planning process, the following policies shall apply as a minimum: (i) All collector roads are to be designed to accommodate public transit. (ii) Transit routes should be designed such that potential users have no more than 300 metres to walk to a transit stop. (iii) Neighbourhoods should be designed on a modified or fused grid pattern with interconnected streets. Block lengths should not exceed 250 metres. (iv) Sidewalks are to be provided on at least one side of a local road and on both sides of a collector or arterial road. (v) Culs -de -sac are discouraged. Abutting culs -de- sac should be connected by parkland or open space. Pedestrian connections are to be provided out of culs -de -sac. - 13 - (vi) Off -road trails should connect to the road network seamlessly in order to provide cyclists with on -road or off -road options. (vii) Commercial and employment uses are encouraged to provide facilities for bicycle storage and cyclists. (viii) Speed control programs should be utilized to reduce traffic impacts within residential neighbourhoods. (ix) Pedestrian connectivity, in addition to a formal trail system, is encouraged to lessen walking distances to public facilities, such as schools, parks and neighbourhood commercial uses. iii) PART 2, SECTION 2 - PARKWAY RESIDENTIAL, POLICY 2.8 is hereby amended by adding the following phrase at the end of the sentence: "in compliance with the environmental policies of Part 2, Section 11 of this Plan." iv) PART 2, SECTION 3 - COMMERCIAL is amended as follows: a) The following is added as the third paragraph to the PREAMBLE: "Commercial areas can also be strengthened through the introduction or expansion of residential uses to create mixed use areas. This Plan promotes and encourages residential intensification in order to regenerate and increase the vitality of existing commercial areas." b) The following is added as a new Policy 3.1.2: "3.1.2 Several commercial districts are designated on Schedule A -2 as nodes and intensification corridors. These areas have been identified as having significant potential for medium and high residential intensification so as to create mixed use areas. The intensification policies of this section are to be read in conjunction with the policies of PART 1 Section 2." c) Policy 3.2.2 is deleted in its entirety and replaced with the following: "DOWNTOWN DISTRICT 3.2.2 Downtown is seen as an area where opportunities for intensification and re- development exist to create a neighbourhood. The area lies within a 500 metre radius of the Via Rail Station and the Niagara Transit and inter -city bus terminal. This area is considered by the Growth Plan for the Greater Golden Horseshoe as a Major Transit Station Area and will be a focus of intensification with increased residential and employment densities - 14 - that support and ensure the viability of existing and planned transit service levels. The policies in this section implement this direction of the Growth Plan by providing for a mix of commercial, residential, office and institutional uses within the Downtown. In order to attain the Vision, the City shall: 3.2.2.1 Actively facilitate development and improvement so that the Downtown becomes a focus for retail and commercial re- development and residential intensification; 3.2.2.2 3.2.2.3 3.2.2.4 3.2.2.6 3.2.2.7 3.2.2.8 Direct development so that it builds on the unique features of the Downtown, including the heritage architecture, City Hall, the train station and inter -city bus terminal; Develop additional public facilities and infrastructure to serve as both a catalyst for re- development and to support those living, working and visiting the Downtown; Develop Queen Street as a pedestrian- oriented retail and service commercial area in the City. Commercial development is intended in the form of retail, restaurants and office space. Uses that serve the needs of Downtown and surrounding residents, such as a supermarket, area also encouraged. A potential retail gross floor area is envisaged; 3.2.2.5 Strengthen the residential community in the Downtown through the development of a variety of housing forms; Encourage arts, entertainment and cultural facilities to locate in the Downtown to provide day and evening activity year round and foster a lively and vibrant people place for residents and visitors; Ensure that new development is of high quality design and construction which respects, and is complementary to, the existing character, scale and heritage of the area, and contributes to the architectural heritage of Downtown; and, Encourage intensification and redevelopment in the eastern and western gateways in an manner that creates a sense of arrival and also improves connections to the Downtown. Urban Design 3.2.2.9 - 15 - New development shall respect the existing built form of two to three storey buildings built to the sidewalk with little or no side yard setbacks. A 4 storey height respects the existing built form and also allows for a degree of intensification. Additional building height may be allocated in accordance with Schedule "G" by way of amendment to the Zoning By -law in order to encourage higher densities and to promote regeneration. The Urban Design Guidelines will be used as a guide to evaluating applications with respect to height and massing together with the following criteria: a) a built form that provides street frontage buildings with minimal setbacks and parking located behind buildings is encouraged; b) the minimum building height shall be two storeys in order to promote an intensification of use and to reflect the built heritage; c) all new buildings and developments shall be designed not to overwhelm: • the Niagara Gorge; • buildings listed on the Municipal Register of Heritage Properties; • the open space corridor extending south from Morrison Street; and • St. Patrick's Church; d) all new buildings and developments shall be oriented to, and located to frame, the abutting streets and create a continuous street edge; e) all new buildings and developments located on Queen Street, Erie Avenue and River Road shall provide active pedestrian - related uses at the street level; f) buildings are not to create significant microclimatic effects on adjacent properties, open spaces or streets; g) the height and massing of mid -rise and high rise buildings must be carefully controlled to ensure that they complement the heritage character of Downtown and are sensitive to adjoining properties. In this regard, such buildings are to: • be designed to provide a height transition to the street and adjacent developments by incorporating stepbacks above 15 metres; • be designed so as to reduce and /or mitigate their mass with increasing height; • tier downwards to the east from Cataract Avenue to provide a pedestrian scale along River Road and to respect the presence of the Niagara Gorge; • incorporate a distinctive roof feature as a skyline element; and • any vents, mechanical equipment, elevator penthouses and other similar building components located on the roof should be integrated with the architectural treatment of the roof and screened from view; and h) parking is encouraged to be located on -site within parking structures, which shall be integrated with the principal development and have pedestrian -scale uses along any street frontage. Surface parking shall be located in the rear yard and appropriately buffered from the street. Street System - 16 - 3.2.2.10 The Downtown has a grid street system with small blocks. This physical form supports pedestrian activity and the use of public transit and shall be maintained and reinforced in accordance with the following policies and the Urban Design Guidelines: Public Transit a) To support pedestrian activity, clearly defined pedestrian routes, including easily navigable, barrier free sidewalks, open spaces, walkways and cross walks, will be identified separately from vehicular traffic areas. All new development shall maximize opportunities to create, define and enhance pedestrian routes. Alleyways and other mid -block connections shall be designed to provide a safe and engaging route for pedestrians. b) The City shall undertake street and streetscape improvements to create attractive streetscapes through measures such as consistent street furniture and directional signage throughout the Downtown, a range of pavement materials, planting of street trees, and increased sidewalk widths; and, c) The City shall undertake measures to improve vehicular, transit and pedestrian access to the Downtown in both the Eastern and Western Gateway Districts. 3.2.2.11 Public transit will play a fundamental role in the development of Downtown. The VIA Rail Station, GO Transit and inter -City bus terminus, and Niagara Transit Heritage - 17 - transfer area create a major public transit node. As such, the Major Transit Station Area is a location for long term intensification that will support and benefit from this public transit nucleus. The City will work with private developers to integrate transit supportive services into developments, such as bus shelters and bicycle parking. 3.2.2.12 The Downtown exhibits a rich architectural heritage comprised of several architectural styles and periods including buildings designated under the Heritage Act, as well as buildings or properties listed on the Municipal Register of Heritage Properties. Development adjacent to and surrounding any significant heritage properties shall be designed so as not to adversely impact on the character, quality or amenity associated with the heritage resource. New development shall be of original design which reflects the character of the heritage buildings through consideration of massing, scale and, to a lesser degree, elements and details. Particularly in infill situations, new development should reference the height, street wall setback and massing of adjacent heritage buildings and /or reintegrate those aspects of heritage design which have been lost in a particular street segment. Property Consolidation 3.2.2.13 Section 28 of the Planning Act permits municipalities to acquire land for the purpose of community improvement. The Downtown Community Improvement Plan provides for a general program for the City's involvement in property acquisition, investment and public /private partnerships. It may also consider selling surplus City -owned for redevelopment. In such cases, the City will also undertake a process that requires interested parties to submit a proposal for the development of the lands. These proposals shall be assessed on specific criteria established for the subject lands and the following policies: • compliance with the policies of this Plan; • consistency with the goals and objectives of the Community Improvement Plan; • sensitivity of the proposal to the surrounding land uses and the heritage character of the Downtown; - 18 - • the potential of the proposal to stimulate further regeneration and intensification; and • the financial impacts of the proposal on the City." d) The phrases "Niagara Retail District ", "Northwest Retail District" and "Stamford Retail District" are inserted before Policies 3.2.3, 3.2.4 and 3.2.5 (respectively). e) Policy 3.2.3 is amended by deleting the phrase "anchored by the Niagara Square shopping centre including major and /or junior department stores" in the first sentence and replacing it with "comprising of three major commercial developments ". f) Policy 3.2.3.3ii) is amended by deleting the phrase "after January 1, 2011 if supported by a Market Impact Study" in the first sentence. g) Policy 3.2.4.1 is amended by deleting the words "phased" and "general" and by changing "18,580" to 24,154" in the first sentence and also by deleting the entire second sentence. h) Policy 3.2.5 is deleted in its entirety and replaced with the following: "3.2.5 The Stamford Retail District functions as a principal shopping district providing a full range of retail uses to meet the weekly shopping requirements of residents. The district contains a wide range of uses including commercial and high density residential. The consolidation of properties and intensification of uses shall be encouraged in the District to strengthen commercial viability and to expand the residential component of the area. Schedule A -2 designates the area as a node and intensification corridor in recognition of the significant potential for medium and high density residential intensification. In the provision of intensification development shall comply with the following: 3.2.5.1 Residential uses may develop as plans of subdivision or as stand alone buildings, through amendment to the Zoning By -law, or together with commercial uses as part of a mixed use development. 3.2.5.2 Residential uses may develop to the following building height and density targets: Node /intensificati on corridor Maximum building height Minimum density Maximum density Stamford Node 10 storeys in 50 units per 150 units per proximity to Thorold Stone hectare hectare in proximity to Road and Thorold Stone Portage /Drummon d intersection; 10 storeys east of Carroll Avenue, decreasing to 4 storeys west of Portage Road. Road and Portage /Drummon d intersection; 150 units per hectare east of Portage Road; 75 units per hectare west of Portage Road. Portage Road 10 storeys at south 100 units 150 units per Corridor end reducing to 4 per hectare hectare at south storeys at north at south end end reducing to 75 end. reducing to 50 units per hectare at north end. units per hectare at north end. 3.2.5.3 3.2.5.4 3.2.5.5 3.2.5.6 - 19 - Building heights shall respect surrounding building heights site specifically by increasing separation distances from buildings of lower height. Developments shall engage the street through the use of unit frontages, podiums, porte cocheres or landscaping. Within multiple use buildings, commercial uses shall fully occupy the whole of the ground floor, preferably with retail or service commercial uses located such that they provide a pedestrian presence along the street. Parking is encouraged to be provided within parking structures that are integrated with the development. Parking structures shall have retail or service commercial uses or residential units when abutting street frontages. Where surface parking is provided, the parking area shall be located in the rear or interior side yard. The parking area shall also have a landscaped perimeter of a depth and intensity that at maturity effectively buffers the parking area from adjacent uses and streets. 3.2.5.7 Reductions in the parking standard, and shared parking arrangements within multiple use buildings, may be considered through site specific amendments to the Zoning By -law when - 20 - accompanied by a parking demand analysis that is satisfactory to the Director of Planning and Development in consultation with Transportation Services. 3.2.5.8 Developments shall provide pedestrian connections to the surrounding neighbourhood where possible. 3.2.5.9 Amenity space is to be provided for residential uses and may take the form of: • private on -site green space; • balconies and roof -top green space; or • public open space, in proximity to the subject development, or cash -in -lieu, pursuant to the provisions of the Planning Act, that will assist in the creation of public open space in the District. 3.2.5.10 In order to comprehensively plan the re- development of the Brownfield and Greyfield lands located south of Thorold Stone Road, east of Carroll Avenue and Portage Road, a Neighbourhood Plan may be prepared pursuant to the policies of PART 4, Section 3, Community Secondary Plans and Neighbourhood Plans. In addition to these policies, the Neighbourhood Plan will consider appropriate amendments to the land use designations as shown on Schedule "A" to this Plan. Accordingly, notwithstanding PART 4, Section 3, any Neighbourhood Plan for this area shall be adopted as an amendment to this Plan." i) The phrase "Morrison /Dorchester Retail District" is inserted before Policies 3.2.6. j) Policy 3.2.6 is amended by: i) deleting the last sentence in the first paragraph and replacing it with the following: " Notwithstanding any other policies of Section 3.2, commercial development within this district shall be permitted as set out below in policies 3.2.6.1 to 3.2.6.3.' adding the following as paragraph 2: "In addition, the Morrison /Dorchester Retail District, together with abutting lands, has been designated on Schedule A -2 as a node for intensification. Significant intensification can be Maximum building height Minimum density Maximum density 10 reducing to 4 in proximity to abutting Residential lands 100 reducing to 50 in proximity to abutting Residential lands 150 units per hectare 32.6.3 i) -21 - achieved through the redevelopment of lands. Long term development along this corridor is envisioned as a mix of major commercial /institutional uses with a range of residential uses and densities. Development proposal for intensification shall conform to policies 3.2.6.4 to 3.2.6.6. " iii) deleting the second sentence of Policy 3.2.6.2 in its entirety and adding the phrase "and service commercial uses" to the end of the first sentence. iv) deleting the last sentence of Policy 3.2.6.3 in its entirety and replacing it with the following: "The development of these lands shall not exceed a maximum gross leasable floor area of 18,786 square metres." v) Policies 3.2.6.3 i) and 3.2.6.3 ii) are both deleted in their entirety and Policy 3.2.6.3 iii) is renumbered to 3.2.6.3 ii). The following policy is added: The supermarket shall not exceed 14,460 square metres of gross leasable floor area. In addition the supermarket shall not exceed 7,432 square metres of FCTM floor space, 6,503 square metres of DSTM floor space and 2,525 square metres of non -DSTM services. A maximum of 2,326 square metres of gross leasable floor space may be provided in separate buildings, of which a maximum of 930 square metres may be DSTM floor space, with the balance as non -DSTM floor space. vi) adding the following new policies: "3.2.6.4 Residential uses may develop through amendment to the Zoning By -law as stand alone buildings or pas plans of subdivision or together with commercial uses as part of a mixed use development. 3.2.6.5 Residential uses may develop to the following building height and density targets: 3.2.6.6 Development proposals for intensification shall comply with the policies of PART 2, SECTIONS 3.2.5.3 to 3.2.5.8." - 22 - k) Policy 3.3.1.4 is deleted in its entirety and replaced with the following: "3.3.1.4 The exceptions shall be the Historic Drummondville Area and the lands fronting on Cummington Square where a compact building form, close to the sidewalk, shall be encouraged in order to maintain the existing pedestrian oriented environment. In addition to the above, Historic Drummondville is identified as a node for intensification on Schedule A -2, given its proximity to both an adjacent stable residential neighbourhood and the Central Tourism District. Uses should include those that can serve the local residents and notwithstanding policy 3.3.1, attract a broader population and tourists. In recognition of this, a section of the Lundy's Lane and Main Street have been identified as Retail Street on Figure 2 of Part 2, Section 4 of this Plan and shall be subject to Policy 4.3.8 of Part 2. Fundamental to this goal is to have uses that capitalize on the heritage attributes of the area and that development respect the historic character of the area. The following specific policies shall apply to the Historic Drummondville Node: (i) Building heights beyond 4 storeys, as shown on Schedule "H ". This Plan envisages the development of 1,000 dwelling units over the long term which, given a gross area of 55 ha, equates to approximately 18 units per ha for the Historic Drummondville Node. Increases in building height may be considered for lands outside those designated for additional height through an amendment to the Zoning By -law, subject to the following criteria: • the subject lands having sufficient lot area and frontage to provide for the building, parking and landscaped open space; • appropriate setbacks and separation distances are provided so as to avoid or reduce impacts on adjacent properties; • the scale and massing of the proposed building respects the surrounding built form; and • parking areas are adequately screened. (ii) The built form of Drummondville on Main Street, Ferry Street and Lundy's Lane, is to continue with at grade commercial uses, with minimal setback, that include niche retail and uses related to heritage. Proposed buildings taller than four storeys shall provide a - 23 - podium of not more than 3 storeys in height, with the upper storeys stepped back from the street line at least 3 metres. (iii) New residential development on Main Street, Ferry Street and Lundy's Lane is to include at grade commercial uses. Unit conversions above existing commercial uses is encouraged to further provide for intensification. (iv) Building mass should decrease with increasing height. In addition, architectural treatments such as stepped or articulated built form, changes in exterior cladding and roof features are to be employed to lessen the visual impact of taller buildings. (v) Parking is encouraged to be provided within parking structures that are integrated with the development. Parking structures shall have active pedestrian uses or residential units when abutting street frontages. " I) A new Policy 3.3.1.5 is added as follows: "3.3.1.5 Schedule A -2 designates Victoria Avenue, from Morrison Street south to Falls Avenue, as an intensification corridor. The policies of PART 2, Section 1.13.5(ii) shall apply to any proposed residential development. m) Policy 3.4 is amended as follows: a) The phrase "Built Up Area" is inserted between Policies 3.4.1 and 3.4.1.1. b) Policy 3.4.1.2 is deleted in its entirety and replaced with the following: "3.4.1.2 Neighbourhood commercial facilities shall be integrated into the neighbourhood into which they are to be located in terms of built form; the location of on -site parking and on -site delivery areas; and landscaping." c) Policy 3.4.1.3 is renumbered to Policy 3.4.1.4. d) The following new Policy is added: "3.4.1.3 Neighbourhood commercial facilities may locate not less than 500 metres from any other commercial development. " - 24 - e) The following new policies are added: "GREENFIELD AREA 3.4.1.6 Neighbourhood commercial facilities within the Greenfield Area are to be limited to not more than 930 square metres of total floor area across an individual secondary plan area unless substantiated by appropriate studies in the preparation of the secondary plan. 3.4.1.7 Drive - through facilities are not permitted as part of a restaurant or retail store. 3.4.1.8 Retail stores should be limited to a size that does not compete with community serving facilities. 3.4.1.9 Parking areas should be located in the interior side or rear yards and screened from adjacent uses by decorative fencing and landscaping. 3.2.1.10 Residential uses may be permitted in the Zoning By -law in order to create mixed use buildings. (i) Residential units are encouraged to be provided where total gross leaseable floor area exceeds 370 square metres; (ii) Residential units should be located above the ground floor. (iii) Private amenity space should be created by the incorporation into the building of balconies and roof -top patios. 3.4.1.11 Shared parking facilities may be permitted through an amendment to the Zoning By -law, conditional upon the submission by the applicant of a parking demand analysis to the satisfaction of the Planning and Development Division in consultation with Transportation Services." n) Policy 3.5 is amended with the addition of the following new policy: "3.5.4 While this Plan promotes and encourages residential intensification of lands designated major and Minor Commercial, it is also recognizes that there is the potential for land use conflicts with intensification. Accordingly, an applicant may be required to undertake studies to determine impacts and provide mitigation measures." - 25 - v) PART 2, SECTION 4 - TOURIST COMMERCIAL is amended as follows: a) Policy 4.1.4 is deleted in its entirety and replaced with: "4.1.4 "This Plan also recognizes that the tourism and accommodation sector is a major source of employment for residents of the City and the Region. As such, lands designated Tourist Commercial are considered to be employment lands and the policies regarding conversion of employment lands to non - employment uses contained in PART 4, SECTION 2.6.7.3 apply except as provided for in this Plan." b) Policy 4.2.9 is deleted in its entirety and replaced with the following: "4.2.9 Residential uses shall be permitted throughout lands designated Tourist Commercial either as stand alone or mixed use buildings in order to assist in creating a complete community in accordance with the policies of this section and PART 2, Subsection 3.3.1.4." c) Policy 4.2.26 is amended by deleting its last two sentences and replacing them with: "A mixed use corridor is envisaged over the long term with local and tourist - serving commercial uses existing compatibly with residential uses." d) Policy 4.2.27 is deleted in its entirely and replace with the following: "4.2.27 The portion of Lundy's Lane to the east of Montrose Road is intended to function primarily as a community serving and tourist commercial corridor. The portion of Lundy's Lane to the west of Montrose Road is intended to function primarily as a mixed -use intensification corridor as this section is characterized by large lots capable of supporting intensification at varying levels: from single lot re- development to entire plans of subdivision. A Neighbourhood Plan may be prepared for this area in accordance with the provisions of PART 4, Section 3 of this Plan. " e) Policies 4.2.30 and 4.2.31 are renumbered to 4.2.31 and 4.2.32, respectively. f) The following Policy is added: "4.2.30 In addition, the following policies shall apply to development proposals for intensification within the intensification corridor: - 26 - a) Residential uses may be in the form of stand alone buildings or as part of multiple use buildings. Within multiple use buildings, commercial uses shall be designed to avoid conflict with residential uses in the building and oriented such that they provide a pedestrian presence along the street. b) Developments shall engage the street through the use of unit frontages, podiums, porte cocheres, landscaping or by locating amenity space within the building close to the street. c) Residential uses may develop to a maximum building height of 6 storeys, with a maximum density of 100 units per hectare and a minimum density target of 50 units per hectare. d) Building heights shall respect surrounding building heights site specifically by increasing separation distances from buildings of lower height and from public open spaces. e) Buildings shall be sited such that rear yard setbacks are equal to building height and interior side yards are not less than the minimum rear yard depth required by the Zoning By -law for any abutting lands zoned for single or semi - detached dwellings so that they are appropriate for the building height proposed in relation to abutting land uses. f) Parking is encouraged to be provided within parking structures that are integrated with the development. Parking structures shall have active pedestrian uses or residential units when abutting street frontages. g) Where surface parking is provided, the parking area shall be located in the rear or interior side yard. The parking area shall also have a landscaped perimeter of a depth and intensity that at maturity effectively buffers it from adjacent uses and streets. h) Reductions in the parking standard, and shared parking arrangements within multiple use buildings, may be considered through site specific amendments to the Zoning By -law when accompanied by a parking demand analysis that is satisfactory to the Director of Planning and Development in consultation with Transportation Services. j ) "BUILT -UP AREA - 27 - i) Developments shall provide pedestrian connections to the surrounding neighbourhood where possible. Amenity space is to be provided for residential uses and may take the form of: • private on -site green space; • balconies and roof -top green space; or • public open space, in proximity to the subject development, or cash -in -lieu, pursuant to the provisions of the Planning Act, that will assist in the creation of public open space in the District." vi) PART 2, SECTION 9 - INDUSTRIAL is renumbered to PART 2, SECTION 8 - INDUSTRIAL and is amended as follows: a) The PREAMBLE is amended by: i) deleting the second sentence of the first paragraph and replacing it with the following: "To this end, the Plan promotes infilling and redevelopment within established industrial districts in the Built -up Area, as well as the progressive development of lands within the Greenfield Area for new industry and employment uses. "; ii) adding the sentence "The proximity of employment uses to residential and other uses is, however, critical in the future growth of the City as a complete community. " to the end of the second paragraph; iii) adding the words "and diversity' after the words 'economic growth' in the first sentence of the third paragraph. b) Policies 9.1 is renumbered to 8.2 and reference to 'Subsection 9.4' in the fifth sentence is replaced with 'Subsection 8.8' . c) A new Policies 8.1 is added: 8.1 The City has a substantial supply of land available for industrial development within the Built -up Area. The redevelopment and intensification of this land supply for industrial and employment uses that are compatible with surrounding land uses is encouraged. 8.1.1 Conversion of brownfield sites to non - employment uses, where the removal of the industrial land is - 28 - consistent with a Municipal Comprehensive Review, may be considered through an amendment to this Plan where at least one of the following criteria are met: • the reduction or elimination of any long- standing land use compatibility issues with surrounding conforming uses; • provision of affordable housing; • assistance in providing a mix of housing types and densities in the planning area; or • the provision of facilities that assist in the development of a complete community. " d) Policy 9.2 is renumbered to Policy 8.3 and is amended by adding the following in between the first and second sentence: "Moreover, industrial zones will be arranged in a gradation with the lighter, more prestige type industries located near residential areas and other sensitive land uses. ". e) Policies 9.3 and 9.5 are deleted in their entirety. f) Policy 9.4 is renumbered to Policy 8.4. g) New Policies 8.5 to 8.8 (inclusive) are added as follows: "GREENFIELD AREA 8.5 Secondary planning within the Greenfield Area shall provide for industrial uses within the individual plan areas so as to assist in the creation of a complete community at the secondary plan scale. 8.6 Employment uses are to be integrated with the overall neighbourhood design and shall be located consistent with the Ministry of Environment D6 Guidelines. The following uses are permitted within secondary plan areas that contain residential and other sensitive land uses: 8.6.1 offices; 8.6.2 government services, research and, training facilities; 8.6.3 facilities for the production of alternate energy sources; 8.6.4 prestige industrial uses, including research and development facilities, communications facilities, and - 29 - manufacturing and processing of fully processed materials deemed not to be obnoxious by reason of dust, odour, fumes, particulate matter, noise and /or excessive vibrations; 8.6.5 commercial facilities such as, but not limited to, restaurants, material suppliers, which are incidental to the employment designation industries and their personnel; and 8.6.6 ancillary retail and service uses which shall not exceed 450 square metres in gross floor area and only where internally integrated as a component of an employment use. 8.7 While urban design guidelines and architectural guidelines may be developed for individual secondary plan areas, the following general design principles should apply to employment lands: 8.7.1 Building facades that face the street should utilize architectural treatments. Blank walls are to be avoided in favour of windows, articulations and changes in building materials. 8.7.2 Buildings should have a consistent setback from the street. 8.7.3 Outside storage, where permitted by the secondary plan, should be located in rear or interior side yards only. Storage areas are to be screened from views from the street. 8.7.4 Parking areas will be limited in size and proportion. Parking areas shall be generously landscaped along any street. 8.7.5 Loading and service areas are to be located in the rear or interior side yards. 8.7.6 Access driveways to the street should be minimized. Where possible, abutting lots should use combined driveways. QEW Employment Corridor 8.8 The QEW is the major highway transportation corridor through the Niagara Region. It conveys goods and people within, to and from the Golden Horseshoe area and western New York State. Development of lands adjacent to the QEW has played a significant role in the economy of the Niagara Region and such lands within the City's urban area can be capitalized on for future employment growth. - 30 - The corridor, located along the QEW as shown on Schedule A- 2 extending from south of Lundy's Lane to the interchange at Lyon's Creek Road, includes a substantial amount of vacant Greenfield land and under - utilized parcels within the Built -up Area. This corridor, given its exposure and accessibility to the QEW, is well suited to the development of employment uses that require highway frontage. The lands that extend south of the Welland River have recently been serviced with municipal water and sanitary facilities, which have opened up these lands for the development of employment uses. This corridor also marks the southern gateway into the urban area of the City. Given its locational advantages, this corridor can play a major role in implementation of the Gateway Economic Zone as envisaged by the Growth Plan of the Greater Golden Horseshoe. The urban areas of Niagara Falls and Fort Erie are identified as the Gateway Economic Zone which is to be developed to support economic diversity and the promotion of cross - border trade, the movement of goods and tourism. Due to the proximity to the U.S. border, the Gateway Economic Zone has a unique economic importance to the region and the province. The intent of the QEW Employment Corridor policies is to assist in the capitalization of trade and the movement of goods and to protect these lands from conversion to non - employment uses. Moreover, the overarching goal of the policies is the establishment of employment uses on these lands that add to the overall diversity of employment in the City. 8.8.1 The lands within the QEW Employment Corridor are intended to provide a long term base for the future development of uses that require access and exposure to the QEW. 8.8.2 The QEW Employment Corridor shall be protected from conversion to, and encroachment from, non - employment uses. 8.8.3 These lands are to be targeted for manufacturing, warehousing, wholesaling and logistics uses. In addition, large scale institutional uses that require QEW access are also to be permitted. 8.8.4 Retail that is ancillary to the principal use, is permitted to a maximum of 25% of the gross floor area of the principal use but shall not exceed 465 square metres. j) -31 - 8.8.5 Automotive uses, service commercial including restaurants, printing shops, fitness and recreation and convenience stores and other uses that do not require QEW exposure and access are not to be permitted. 8.8.6 Development of lands within the QEW Employment Corridor should be designed in accordance with the design principles in the PART 2, Section 8.7 of this Plan and provide an architectural and landscape design that promotes the gateway character of the Corridor. 8.8.7 The lands on the east side of the QEW, south of the Welland River, designated Resort Commercial can provide for the development of employment uses, and as such, are included within the QEW Employment Corridor. These lands require further planning assessment regarding such issues as the appropriate uses to be permitted including land use designation, road pattern, impacts on residential uses and natural heritage preservation. " h) Policies 9.6 and 9.7 are hereby renumber 8.9 and 8.10 and the title "GENERAL POLICIES" is inserted before Policy 8.9. i) Policy 9.8 is hereby deleted and replaced with the following: "8.11 In order to ensure that obsolete industrial buildings and formerly occupied industrial sites are suitable for redevelopment, compliance with Provincial guidelines and Part 3, Section 6 will be sought prior to any new development." Policies 9.9 to 9.17 (inclusive) are renumbered as 8.12 to 8.20 (respectively). vii) PART 2, SECTION 10 - EXTRACTIVE INDUSTRIAL is renumbered to PART 2, SECTION 9 - EXTRACTIVE INDUSTRIAL and all subsections adjusted accordingly. viii) PART 2, SECTION 11 - NIAGARA ESCARPMENT PLAN is renumbered to PART 2, SECTION 10 - NIAGARA ESCARPMENT PLAN and all subsections adjusted accordingly. ix) PART 2, SECTION 12 - ENVIRONMENTAL PROTECTION AREAS is renumbered to PART 2, SECTION 11 - ENVIRONMENTAL PROTECTION AREAS and all subsections adjusted accordingly. - 32 - x) PART 2, SECTION 11 - ENVIRONMENTAL PROTECTION AREAS is amended as follows: a) PART 3, SECTION 3, Policy 3.3 is relocated to PART 2, SECTION 11 and renumbered as Policies 11.17 to 11.38 (respectively). xi) PART 2, SECTION 13 - OPEN SPACE is renumbered to PART 2, SECTION 12 - OPEN SPACE and all subsections adjusted accordingly. xii) PART 2, SECTION 14 - SPECIAL POLICY AREAS is renumbered to PART 2, SECTION 13 - SPECIAL POLICY AREAS and all subsections adjusted accordingly. xiii) PART 3, SECTION 1 - MUNICIPAL INFRASTRUCTURE is amended as follows: a) the PREAMBLE is amended by deleting the second paragraph in its entirety and by adding the phrase "(in accordance with the provisions of the Accessibility for Ontarians with Disabilities Act)" after the phrase `those with disabilities" in the third sentence of the last paragraph. b) Policies 1.1 to 1.3 (inclusive) are deleted and the following policies added: "1.1 PHASING OF GROWTH 1.1.1 Schedule B illustrates the Phasing Plan for the City. Lands shall be brought into the development stream in accordance with Schedule B and the policies of this section. Moreover, plans for expansion of, or for new services are to serve growth in a manner that supports the achievement of the greenfield density target and the intensification target of this Plan. 1.1.2 Greenfield Area 1.1.2.1 The development of lands in the Greenfield Area shall proceed in an orderly and efficient manner. 1.1.2.2 New development should occur as a logical extension of preceding development. 1.1.2.3 Land that is considered to be in -phase is that for which servicing has been included in the Five -Year Capital Works Program. - 33 - 1.1.2.4 The determination of which lands may be brought into the development stream shall be based on land use, servicing and financial assessments that address the following criteria: • the supply of short term lands; • the extent of land that will benefit from servicing; • the use and the density at which the lands will be developed; • financing for the public works necessary for development to proceed; and • an assessment of the potential financial risk to the City. 1.1.2.5 Secondary plans shall provide details on the staging of development within the plan areas with respect to uses, residential densities, the extension of services and roads. 1.1.2.6 Proposals to bring out -of -phase lands into the development stream shall be assessed based on the following criteria: • compliance with the policies of this Plan; • the extent of the inventory of in -phase lands and their availability; • the benefit to the City such as revenue generation, employment growth and contributions to the strategic goals of Council; • the financial risk to the City's taxpayers; • the impacts on approved development; and • whether infrastructure is planned for the lands. 1.1.2.7 An out -of -phase development may be the subject of a front - ending agreement, pursuant to section 44 of the Development Charges Act, or similar type of development agreement which shall be a condition of any application to amend this Plan and /or the Zoning By -law, or any site plan or subdivision or condominium agreement. 1.1.3 Built -up Area - 34 - 1.1.3.1 Capital works expenditures shall be directed to the Intensification Areas shown on Schedule A -2 in order to resolve any servicing constraints that exist which may hinder the achievement of intensification. 1.1.3.2 Capital works expenditures within greenfields are not to jeopardize servicing improvements within the Built -up Area that will allow for the achievement of intensification. 1.2 WATER AND SANITARY SEWAGE 1.2.1 The City shall implement a strategy for the systematic reduction or mitigation of combined sewer overflows in order to improve the effectiveness of the sanitary sewage system and to eliminate or reduce the negative impacts on the City's natural heritage system. The City will also continue its programs of sewer separation, extraneous flow reduction and waste water reduction with priority being given to intensification areas, nodes and corridors so as to allow for the realization of the intensification targets in this Plan. 1.2.2 Municipal sanitary sewers and /or watermains shall not be extended beyond the urban area, except where required to correct a health problem as identified by the Regional Public Health Department and /or the Ministry of the Environment. 1.2.3 Council shall every five years, in accordance with the Development Charges Act, 1997, undertake a background study, including public consultations, and pass by -laws to implement Development Charges within the City that will be imposed to recover the costs of public services related to growth. The background study will consider the phasing of Greenfield lands, the realization of intensification targets as well as future land use in the determination of a Development Charge that is appropriate. 1.2.4 In general, development within the urban area shall be accommodated on the basis of full municipal services including sewers, storm sewers, water services and improved roadways. Outside of the urban area, Council shall cooperate with the Niagara Region in promoting individual sewage disposal systems which incorporate proven new technology achieving reduced volumes and /or improved quality of effluents. 1.3 STORM DRAINAGE - 35 - 1.3.1 It is required that all new development or redevelopment within the City be connected to and serviced by a suitable storm drainage system. Appropriate systems may include underground pipes, ditches, culverts, swales, man -made and natural watercourses, detention storage areas or any other storm water management system acceptable to Council, the Niagara Region, the Niagara Peninsula Conservation Authority, and other agencies. 1.3.2 Council shall not permit any new development or redevelopment where it would interfere with, or reduce, the drainage capacity of any natural watercourse or agricultural field drainage system, result in any erosion, pollution or drainage problems along watercourses and their tributaries. 1.3.3 Council shall develop and adopt master storm water management plans for watershed areas in advance of major development or redevelopment in conjunction with the Niagara Peninsula Conservation Authority, Ministry of Natural Resources, Ministry of the Environment, and other agencies. Where applicable, developers may be required to undertake storm water management studies for specific sites. 1.3.4 Storm water management plans shall incorporate the use and creation of naturalized overland systems. Naturalized off - stream ponds and wetlands are encouraged to properly regulate and control water quantity and quality flows going into natural watercourses. In addition to controlling water quality and quantity, such systems shall be as natural as possible to create habitat areas and where applicable, will be used to provide linkages to other natural features. 1.3.5 In the review of development or redevelopment proposals, Council shall cooperate, where practicable, with the Niagara Peninsula Conservation Authority, Ministry of Natural Resources, Ministry of the Environment, and other agencies in any flood management study or engineering work that may be undertaken to improve or maintain the drainage capacity of natural watercourses. All existing storm drainage systems shall be maintained and improved in order to ensure their efficient operation and to minimize the potential for flooding. 1.3.6 The City will continue to implement sewer rehabilitation programs, including ongoing storm sewer and sanitary sewer separation, detention ponds, in -line storage and other improvement works. 1.4 WASTE DISPOSAL - 36 - 1.4.1 It is recognized that the management of solid waste is the responsibility of the Niagara Region. Proposals for new, or expansions to existing, waste disposal sites will require amendments to the Official Plan and Zoning By -law. 1.4.2 In the selection and approval of sites for landfill use, the City will require that certain items be examined and reported on such as the social, economic and environmental effects of the creation of such landfill sites, assessment of alternatives to landfill uses and views of affected citizens. These items will be in keeping with the Environmental Assessment Act and requirements of the City. 1.5 TRANSPORTATION The City's transportation system is made up of the following elements: • Transportation corridors • Public transit • Active transportation facilities • Collector and local road network One of the goals of this Plan is to reduce the dependancy passenger vehicles and increase the modal share of public transit and active transportation. It is also a goal of this Plan that the transportation system work seamlessly and efficiently convey people and goods safely. This Plan may be amended as the result of recommendations from a Transportation Master Plan regarding matters such as, but not limited to, route prioritization for moving goods and people into and out of employments areas, transportation demand management, modal share targets, active transportation facilities and multi -modal use. Transportation Corridors 1.5.1 As shown on Schedule A -2, the City's transportation corridors consist of rail corridors, provincial highways and the arterial road system. These corridors are the primary conveyors of goods and people within, into and out of the City. 1.5.2 The corridors within the City's jurisdiction shall be of the width provided for in this Plan and should contain sidewalks and bicycle lanes of sufficient width to safely accommodate users. - 37 - 1.5.3 The streetscape of corridors within the City's jurisdiction should be designed to increase the comfort level of pedestrians through the use of street trees, benches and bus shelters. 1.5.4 Access ramps from private developments should be minimized and amalgamated with adjoining properties where possible. Rail and Public Transit 1.5.5 The City will provide a public transit system to service the transit needs of residents and tourists. This system includes inner -City buses, inter -city bus rapid transit and a tourist peoplemover. This Plan envisages a modal share of public transit increase to 3.2 %. 1.5.6 Public transit routes shall be designed to service employment areas, intensification areas, nodes and intensification corridors. It is desirable for public transit services to be encouraged in proximity to higher density residential developments, areas of high employment concentration, major medical and social service centres, housing developments for people with special needs and social amenity areas such as the Niagara Parks and other attractions. Transit stops should be located within major public facilities. The development of inner -City bus rapid transit lines into high density employment areas is encouraged. 1.5.7 Transit service planning shall be connected with the Regional Bicycling Network and co- ordinated with the planning of bicycle routes and pedestrian paths to enhance the convenience, safety and usability of these modes of transportation. 1.5.8 Collector roads within Greenfield secondary plan areas shall be designed to accommodate transit. 1.5.9 This Plan envisages the expansion of commuter GO Transit rail service to the City in the long term. The City will participate with Regional and Provincial agencies in the establishment of this service. 1.5.10 Council recognizes the capability of rail lines to provide an alternative to road traffic for transporting tourists, residents and goods in and out of the City. To minimize the interference of rail service with vehicular and pedestrian traffic, Council shall seek to eliminate grade crossings on a priority basis and with the financial assistance of the - 38 - appropriate authorities. Where the elimination of such grade crossings is not feasible, Council shall petition the appropriate authority to provide and maintain appropriate level crossing control devices. 1.5.11 Where residential or institutional development is proposed in close proximity to operational railway lines, Council shall require the preparation of a noise and vibration impact assessment. If necessary, the assessment shall include measures necessary to achieve acceptable attenuation levels in accordance with Ministry of the Environment, and Railway criteria. The measures may take the form of fencing, increased setbacks, earthberms, tree planting, acoustical insulation, site plans or combinations thereof in order to minimize potential safety hazards and visual, noise and vibration impacts to the satisfaction of the City and the Ministry of the Environment, and in consultation with the appropriate Railway. Active Transportation Facilities 1.5.12 In an effort to achieve an increase in the modal share of bicycle and pedestrian trips, the City will provide public facilities for active transportation in the form of bicycle or shared use lanes, paved shoulders of rural roads, off -road recreational trails, bicycle parking facilities and sidewalks to the extent that is financially feasible. 1.5.13 The City will endeavour to achieve connectivity of off -road trails with the goal of creating an inner -City trail system that links residential, employment and recreational areas. 1.5.14 Sidewalks on certain roadways will be provided where required for the safety and convenience of pedestrians. In this regard, Council may undertake and continually update a detailed sidewalk construction and maintenance programs. 1.5.15 The City may require the dedication of trails, in accordance with the provisions of the Planning Act, as a condition of development approval. 1.5.16 New development will be encouraged to provide bicycle parking and other facilities to accommodate active transportation. In this regard, the City will provide bicycle facilities within its own buildings. b) Policy 1.4 is relabelled "Collector and Local Road Network ". - 39 - c) Policy 1.4.1 is deleted and replaced with the following: "1.5.17 The collector and local road network functions primarily to convey traffic and pedestrians to transportation corridors. " d) Policy 1.4.2 is relabelled 1.5.18 and the first sentence is replaced with the following: "1.5.18 A hierarchy of roads is contained within the transportation system." e) Policies 1.4.3 to 1.4.6 (inclusive) are renumber 1.5.19 to 1.5.22 (respectively); Policy 1.4.7 is deleted in its entirety; and Policies 1.4.8 to 1.4.20 (inclusive) are renumbered 1.5.23 to 1.5.36 (respectively). f) Reference to the term "Region's Bikeway Master Plan" in Policy 1.5.21 and Policy 1.5.25 is replaced with "Regional Bicycling Network." g) The following new policy is added: "1.5.36 All local road allowances are to be 20 metres in width. There may be cases when local roads will be less that 20 metres under special circumstances approved by Council." h) Policies 1.5 to 1.8 (inclusive) are deleted. i) Policies 1.9.1 to 1.9.6 (inclusive) are renumbered to 1.5.38 to 1.5.43 (respectively). xiv) PART 3, SECTION 2 - PARKLAND STRATEGY is amended as follows: a) The second sentence of the PREAMBLE is deleted and replaced with the following: "Parklands, trails and public open space form an critical part of the urban environment. Such spaces not only serve a recreational function but serve neighbourhoods and the community as a whole in terms of social interaction and active transportation. It is the intent of this Plan to provide public open space within both the Greenfield Area and Built -up Area to the extent that is appropriate for that neighbourhood or community." b) Policies 2.4.1 and 2.4.2 are deleted, Policies 2.4.3 - 2.4.4 are renumbered 2.4.4 - 2.4.5 (respectively), and the following new policies are added: - 40 - "2.4.1 Open space shall be designed to respect and integrate with protected natural heritage features. The minimum prescribed buffers shall be provided and maintained as a naturalized area. Playgrounds, sports fields and other forms of active recreational uses shall be setback from buffers and the intervening area planted with vegetation that hinders human traffic. 2.4.2 Active parkland should be designed to accommodate various forms of recreational activities. 2.4.3 Within secondary plan areas, a system of trails and open space should be provided that is integrated with the built environment, with connections to schools and other forms of community infrastructure." xv) PART 3, SECTION 3 - CONSERVATION STRATEGY is renamed PART 3, SECTION 3 - ENERGY CONSERVATION and is further amended as follows: a) Policy 3.1.2 is deleted in it's entirety. b) Policies 3.1.3 to 3.1.6 (inclusive) and renumbered 3.1.2 to 3.1.5 (respectively). xvi) PART 4, SECTION 4 - HOUSING STRATEGY is deleted in its entirety. xvii) PART 3, SECTION 3.2 - HERITAGE RESOURCES is renumbered and renamed to PART 3, SECTION 4 - CULTURAL HERITAGE CONSERVATION. xviii) PART 3, SECTION 5 - AMENITY AND DESIGN STRATEGY is renamed PART 3, SECTION 5 - URBAN DESIGN STRATEGY and is amended as follows: a) The PREAMBLE and Policy 5.1 are deleted and replaced with the following: "Urban design is the shaping of the built environment. It plays an important role in the upgrading and maintenance of the City's civic image and economic potential and is critical to the quality of life for its citizens. It is the intent of this Plan to create a compact and inter- connected, pedestrian- oriented and transit - supportive community. The built environment consists of the public realm and private properties, both of which have to be designed to work harmoniously together. The policies of this section are to provide guidance to both the public and private sectors. POLICIES - 41 - 5.1 New development, redevelopment and public works projects shall utilize building, streetscaping and landscaping designs to improve the built and social environment of the City and to enhance quality of life. Development should integrate and be compatible with the surrounding area including natural and cultural heritage features. 5.1.1 The design of new development and redevelopment shall specifically address height, setbacks, massing, siting and architecture of existing buildings in order to provide a compatible relationship with development in an area. 5.1.2 Development shall be designed and oriented to the pedestrian. As such buildings shall be set as close to the street as possible. Moreover, where development includes multiple buildings, the buildings should be deployed in such a manner that allows pedestrians to move between buildings with a minimum of interference from vehicular traffic. To this end, designated walkways through parking areas are to be provided. 5.1.3 Development and redevelopment shall be designed to minimize microclimatic impacts on adjacent lands. Mitigation measures may be secured through provisions of a site specific zoning by -law, conditions of a minor variance, or within the terms of an agreement pursuant to sections 37 or 41 of the Planning Act. 5.1.4 In prominent landmark locations such as gateway entrances to the City or along important roadway corridors, special attention to high quality design and landscaping shall be encouraged. Furthermore, new development and redevelopment should be designed and sited to minimize the obstruction of scenic views and vistas. 5.1.5 Parking areas are to be minimized within the front yard of development sites. Parking shall primarily be located in the rear or sideyards of development sites with sufficient landscaping utilized to create an effective buffer to abutting lands. 5.1.6 Appropriately designed and scaled parking structures or underground parking shall be encouraged for large tourist commercial and high density residential developments. - 42 - 5.1.7 The number of access points onto arterial roads shall be minimized. Linked parking and driveway areas shall be encouraged. Access points shall be oriented toward major roadways. b) Policy 5.2 is amended by: i) replacing the first and second sentence with "Streets are a public space that, while conveying motorized traffic, are to be designed as a safe, comfortable and convenient environment for the pedestrian and cyclist." and by deleting the phrase "and soft landscaping features" at the end of sentence three and replacing it with "tree planting and other landscaping features ". ii) deleting Policy 5.2.1 and replacing it with: "5.2.1 Streets shall be designed so as provide adequate and accessible space for pedestrians, cyclists, transit as well as the installation of utilities." iii) adding the following phrase to the end of the first sentence of Policy 5.2.2: "through the development of facilities and amenities such as sidewalk cafes, plazas, piazzas and other spaces. ". c) Policy 5.3 is amended by: i) deleting the first sentence of Policy 5.3.4 and replacing it with: "Landscaping, together with other design measures, can assist in mitigating the impacts of development on surrounding lands. Landscaping, where adjacent to buffer areas of natural heritage features, shall be designed to incorporate native species. ". ii) deleting the second sentence of Policy 5.3.5 and replacing it with: "Tree Preservation Plans may be required prior to any site alteration in compliance with PART 2, Section 11. ". d) Policy 5.6 is deleted and replaced with the following: "5.7 The City may prepare urban design plans or neighbourhood plans to implement the Urban Design Policies on specific areas. In the absence of such plans, reference should be made to Niagara Region's Model Urban Design Guidelines." e) Policy 5.5 is renumbered to Policy 5.6 and is further amended by replacing the phrase "of a plan of subdivision" at the end of Policy 5.6.2 (formerly 5.5.2) with " within secondary plans and plans of subdivisions" and by deleting former Policy 5.5.3. - 43 - f) A new Policy 5.5 is added as follows: "5.5 Signs within the City are regulated by the comprehensive sign by -law. The by -law implements the following amenity and design principles: 5.5.1 The city shall be organized into sign districts in order to establish the appropriate sign types and regulations for each district. 5.5.2 Proposed signs should be designed so as not to compete for visual attention and airspace with streetscape elements, existing signage and buildings. 5.5.3 Signs are a part of the streetscape and are to be designed to complement the built form and character of the surrounding area. Signs are not be intrusive nor add to visual clutter. Separation distance between signs residential uses, designated heritage properties and open space should such that these uses are not impacted negatively. 5.5.4 Signs should be designed to integrate with building architecture and the development in general. 5.5.5 Electronic signage should be carefully sited. Due to its illumination and display characteristics, electronic signage should be located such that impacts on vehicular and pedestrian traffic are minimized. 5.5.6 Signs located in the Downtown District shall be designed to respect the historic character or heritage theme for the area. As such, signs are to be at a scale and size that is appropriate for district and in compliance with the specific design guidelines are to be developed for the Downtown District. 5.5.7 Applications for minor variances from the comprehensive sign by -law may be considered by Council or its designated staff member provided that: • the general intent and purpose of the Official Plan is maintained; • the general intent of the Sign By -law is maintained; the request is minor in nature; and is desirable for the appropriate development of the land. - 44 - 5.5.8 Any major deviations will require Council approval as an amendment to the by -law and will be subject to the submission of an application accompanied by studies and /or reports, to demonstrate the reasons why the by- law regulations cannot be complied with and to address issues of aesthetics and design as well as impacts on the surrounding area, traffic safety and public property. 5.5.9 Approvals of by -law amendment applications may be subject to conditions including, but not limited to, submission of Letters of Credit, agreements registered on title to safeguard the City's interests in the regulation of signs and their content as Council considers appropriate." xix) PART 4, SECTION 2 - OFFICIAL PLAN REVIEW AND AMENDMENTS is amended as follows: a) Policy 2.1 is amended be replacing the date "2011" with "2031 ". b) Policy 2.3 is amended by renumbering subsections 2.3.2 to 2.3.14 (inclusive) to 2.3.3 to 2.2.15 (respectively) and by adding a new Policy 2.3.2: "2.3.2 Intensification and Density Targets" c) The following policies are added after Policy 2.7: Urban Boundary Expansion 2.8 An Urban area boundary expansion shall only occur where the Regionally led and subsequent Local Growth Management Studies have demonstrated that: 2.8.1 Sufficient opportunities to accommodate forecasted growth through intensification and greenfield development, using the intensification target and density targets of this Plan, are not available. 2.8.2 The expansion makes available sufficient lands for a time horizon not exceeding 20 years. The timing of the expansion and phasing of development within the greenfield area will not adversely affect the achievement of the intensification target, density targets or any other policies of this Plan. 2.8.3 Where applicable, the proposed expansion will meet the requirements of the Greenbelt and Niagara Escarpment Plans. - 45 - 2.8.4 The existing or planned infrastructure required to accommodate the proposed expansion can be provided in a financially and environmentally sustainable manner. 2.8.5 In prime agricultural areas: a) The lands do not comprise specialty crop areas. b) There are no reasonable alternatives that avoid prime agricultural areas. c) There are no reasonable alternatives on lower priority agricultural lands in prime agricultural areas. 2.8.6 Impacts from expanding urban areas on agricultural operations that are adjacent or close to the urban area are mitigated to the extent feasible. 2.8.7 In determining the most appropriate location for expansions to the boundaries of an urban area, the policies of Sections 2 and 3 of the PPS and Sections 6 and 7 of the Regional Policy Plan or corresponding policies of this Plan are applied. 2.8.8 The expansion will plan to maintain or move significantly towards a minimum of one full time job per three residents within the municipality. Employment Land Conversions 2.9 The City may permit the conversion of lands within employment areas to non - employment uses but only through a municipal comprehensive review where it has been demonstrated that the conversion meets each of the tests identified in Policy 2.10 where it meets at least one of the following strategic objectives: 2.9.1 promotes brownfield redevelopment; 2.9.2 addresses issues related to land use incompatibility; 2.9.3 provides affordable housing; or, 2.9.4 meets any of the other strategic policies of this Plan. 2.10 Conversion of employment lands to non - employment uses must demonstrate that: 2.10.1 there is a need for the conversion; 2.10.2 the City will meet employment targets allocated to the Municipality as documented in this Plan; - 46 - 2.10.3 the conversion will not adversely affect the overall viability of the employment area and the achievement of the intensification target, density targets and other policies of this Plan; 2.10.4 there is existing or planned infrastructure in place to accommodate the proposed use; 2.10.5 the lands are not required over the long term for the employment purposes for which they are designated; and, 2.10.6 Cross jurisdictional issues, including but not limited to infrastructure, the environment and land supply have been considered. " xx) PART 4, SECTION 3 - COMMUNITY SECONDARY PLANS AND NEIGHBOURHOOD PLANS is amended as follows: a) Policy 3.1 is amended by deleting the phrase "major growth areas, such as the Westlane, Grassybrook and Chippawa areas" and replacing it with "greenfield areas in accordance with Part 2. ". b) Policy 3.2 is amended by replacing the word "may" with the word "will" in both the first and second sentences and by inserting the words "land use" between the words "any" and "change" in the second sentence. c) Policy 3.4 is amended by deleting the first sentence and replacing it with "Neighbourhood plans may be prepared as a guide to localized development where secondary plans are not warranted and may be incorporated into the Official Plan." and by deleting the last sentence in its entirety. xxi) PART 4, SECTION 4 - BY -LAWS is amended by adding the phrase "affordable housing, additional parkland" after the words providing increase amenities" in the last sentence of Policy 4.5.1. xxii) PART 4, SECTION 8 - CONSENT POLICIES, Policy 8.2.5 is amended by inserting the phrase "where supported through a farm business plan and" between the words "permitted" and "provided" in the first sentence. xxiii) PART 5, APPENDICES, is relabelled "PART 5, SECONDARY PLANS ", and APPENDICES are moved to "PART 6, APPENDICES ". xxiv) PART 6, APPENDIX 1 - DEFINITIONS is amended by: a) moving and renaming definition 1.4 "Area of Employment" to 1.15 "Employment Lands" and by renumbering definitions 1.5 to 1.15 (inclusive) to 1.4 to 1.14 (respectively); and Current OP Policy a roposed OP Policy Current Reference Updated Reference Part 2, Part 2, S. 12.4 Part 2, S. 11.4 Part 3, S. 3.3.4 Part 2, S. 11.20 Part 2, S. 14.7.1 °art 2, S. 13.7.1 Fart 2, S. 9 'art 2, S. 8 °art 2, S. 14.7.2 'art 2, S. 13.7.1.2 °art 2, S. 14.7.1.1 Fart 2, S. 13.7.1.1 Part 2, S. 14.7.1.3 Part 2, S. 13.7.1.3 Part 2, S. 14.7.1.2 Part 2, S. 13.7.1.2 °art 2, S. 14.32 Part 2, S. 13.32 Part 2 S.1.2.3 and 4.2.35 Part 2, S. 1.3.3 and 4.2.36 Fart 2, S. 14.34 Part 2, S. 13.34 Section 9 ,Section 8 Fart 2, S. 14.34.6 °art 2, S. 13.34.6 Policy 13.7 Policy 12.7 �°olicy ?art 2, S. 14.35.1 Part 2, S. 13.35.1 ?olicy 14.35.3.2 13.35.3.2 Part 2, S. 14.35.3 Part 2, S. 13.35.3 art 2, Section 9 Part 2, Section 8 Part 2, S. 14.37.1.2 'art 2, S. 13.37.1.2 Policy 14.37.1.2(i) ;a),(b),(c),(d) Policy 14.49.1 Policy 13.37.1.2(i) ;a),(b),(c),(d) Policy 13.49.1 Part 2, S. 14.42.4 `'art 2, S. 13.42.4 Part 2, S. 14.44.2 °art 2, S. 13.44.2 Part 2, Section 12 Part 2, Section 11 Part 2, S. 14.44.3 °art 2, S. 13.44.3 14.44.2 14.33.2 Part 2, S. 14.50 °art 2, S. 13.50 Part 2, Section 10 °art 2, Section 9 Part 2, S. 14.51 °art 2, S. 13.51 °art 2, Section 1.7.5 Part 2, Section 1.13.5 Part 2, S. 14.51.3 Part 2, S. 13.51.3 S. 14.51.4 S. 13.51.4 Part 2, S. 14.54 Part 2, S. 13.54 Part 2, Section 1.7.5 Part 2, Section 1.13.5 Part 2, S. 14.55 Part 2, S. 13.55 Part 2, Section 1.2 Part 2, Section 1.3 °art 2, S. 14.57.2.2(b) Part 2, S. 13.57.2.2(b) Policy 12.57.4 Policy 11.57.4 °art 2, S. 14.58 Part 2, S. 13.58 Part 2, S. 1.2 Part 2, S. 1.3 Part 2, S. 14.59 °art 2, S. 13.59 Part 2, S. 3.5.2 Part 2, S. 3.5.1 Part 2, S. 14.60 °art 2, S. 13.60 Part 2, S. 1.7.5 Part 2, S. 1.13.5 °art 3, S. 1.4.8 °art 3, 1.5.24 Policy 1.4.19 Policy 1.5.35 °art 3, S. 3.2.8 °art 3, S. 4.8 Policy 3.2.6 Policy 4.6 Bart 4, S.4 Preamble Part 4, Section 4 Preamble Part 2, Section 11 Lart 2, Section 10 - 47 - b) deleting the definition of Group Home under definition 1.20 and replacing it with the following: 1.20 "Group Home" - means a residence licensed, supervised, approved, or funded under a federal or provincial statute for the accommodation of: (a) (Type 1) three (3) to eight (8) persons, excluding staff or the receiving family, living under responsible supervision and who, by reason of their intellectual, mental health, social or physical condition or legal status, require a group living environment for their well being . A Group Home Type 1 does not include children or youth on probation under provincial or federal statute and does not include an Emergency Care Establishment or a Group Home Type 2. (b) (Type 2) up to eight (8) persons, excluding staff, that is maintained and operated primarily for: persons who have been placed on probation or released on parole under provincial or federal statute; or, youth who have been charged under provincial or federal statute and who have been placed in detention or custody. xxv) Cross references of policies that have been changed as a result of this proposed amendment are applied as follows: DOWNTOWN HEIGHT STRATEGY I 1 1 --'-- 1. 4: - '--1 1 I 1 / lkf4i vri _ i _____Ii_i ____________-11______J IMMO /N[ iff. :%z (e.4,40. A i r.e.),. 901. 1 1 - 1-1 1 [ lio j k s 441' ____ (C--• fie0; it, r • 7 0 W 3;' 4‘1. 11 1 v 941 IllkA it.03 I ji Li L:-- SCHEDULE G to the OFFICIAL PLAN PILO% Hot = ) iJ Mtn 00/10•••■•■•••• R El 01 Ft Niagararqlls I: 1---, 1 i --- --- -1 „ , I A L/ , 1 r -----1 __ - - - - - ---- 1 mr -i1V , LL I J. —A rThi h I 1 IL LI —LEL IIJOILMWE •__ 1 71 " LL1 1 17 H r sr uasse Ave DELAWARE 5 rn pl�l��llllllllll "� NORTH - ST 3 �o N = J� ■111 �IIIII� 11 �� ... . .1 ■11111■ EMERY ST EMERY S rag "m ‘ - = W ri1 11 � -'�� 1111111/ �� _ sPFt 1 „, at III __T � - � P EERS �, ■ Mat 11�� W"' BARKER ST 3 f 1 �° , . rie 11��`rlll ‘ � � � 1 11111111 11 ■ NMI° �UL � ROBINSON ST P S7 .■ 1111 � I �. � �� . 111111 rn 111 � . � � f ', , = rn, 7111:11isi ' Max Building Heights i 10 Storeys arch 2010 K: \GIS_Req Legend Min Densities 100 uph ® 13 Storeys ® 30 Storeys E n Historic Drummondville Intensification Area boundary 0 Property Parcels Hydro Rail 125 uph 150 uph 1 • hix.13 SCHEDULE H to the OFFICIAL PLAN HISTORIC DRUMMONDVILLE HEIGHT STRATEGY NiagaraFalls QUEEN ELIZABETH V.A (`�-_� A by -law to amend By -law No. 71 -57, being a by -law to provide for the regulation, protection and government of all lands and properties owned by and in the City of Niagara Falls and used for park purposes. WHEREAS the municipality has a number of by -laws that deal with litter on property; and WHEREAS By -law No. 71 -57, as amended, has a provision for a fine if guilty of an offence of littering in a City park; and WHEREAS the amount of the fine has not been increased since 1994; and WHEREAS it is appropriate to bring the fine in line with other municipal by -laws with similar penalties for littering. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Section 8 of By -law No. 71 -57 is hereby repealed and the following substituted: 8. Every person who contravenes this by -law is guilty of an offence and on conviction is liable to a fine of not more than $10,000.00." Passed this fourteenth day of June, 2010. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: June 14, 2010. June 14, 2010. June 14, 2010. CITY OF NIAGARA FALLS By -law No. 2010 - CITY OF NIAGARA FALLS By -law No. 2010 - A by -law to amend By -law No. 2002 -081, being a by -law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by -laws. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. By -law No. 2002 -081 is amended by deleting Schedule "C" and that Schedule "C" attached hereto shall be inserted in lieu thereof. Passed this fourteenth day of June, 2010. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: June 14, 2010. June 14, 2010. June 14, 2010. 1. Parking By -law Enforcement Officers: Sam Arnold Charles Arsenault Sylvio Basque James Edward Bird Gordon Boardman Gabe Bogucki Robert Bunn Bob Bunston Marzenna Carrick Marianne Catherwood Julio Cavaliere Bob Chambers Joe Corradi Bill Crowder Alex DeGaust Larry Desormeaux Bob DiGirolamo Larry Downing Kevin Howe Les Jarvis Arnold Larian Norm Leonard David Lewis John MacLeod John McPherson Chris Nave Al Poisson Jim Reggler Stewart Rodgers Philip Rudachuk Chris Russell David Smith Gary Statchura Jana Vermeulen SCHEDULE "C" CITY OF NIAGARA FALLS By -law No. 2010 - A by -law to provide fees and charges for various services, licences and publications for the City of Niagara Falls. WHEREAS it has been the municipality's practice to consolidate fees and charges in a booklet for the ease of the public; and WHEREAS all the charges contained within the by -law and booklet were previously approved by Council; and WHEREAS a copy of this by -law, in the form of a booklet, will be available at City Hall for public consumption; and WHEREAS the implementation of the Harmonized Sales Tax (HST) has necessitated a revision to the City's Fees and Charges By -law. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That the fees and charges for various services licences and publications for the City of Niagara Falls are hereby imposed as set out in Schedule A, attached to this by -law. 2. That By -laws 2010 -17 is hereby repealed. Passed this fourteenth day of June, 2010. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: June 14, 2010. Second Reading: June 14, 2010. Third Reading June 14, 2010. Niagaraaalls Schedule of Fees For $ervices Table of Contents , Clerks & By -law Services 1 ' Finance 4 Legal Services 6 Business Development 6 Planning, Building & Development 7 City Development Charges 14 Municipal Works 15 Fire Services 17 Parks, Recreation & Culture • Arenas 19 • Public Skating 20 • Pools 20 • Special Events 20 • Athletic Field Turf 21 • Artificial Field Lighting 21 • Coronation 50 Plus Recreation Centre 21 • Cemetery Services 22 Columbarium 25 I Transportation Services 27 Notes 31 Clerks Department Licence Amusement Place, Etc. Auctioneers Bake Shops Barber Shops, Hair Dressing and Esthetician Establishments Bill and Sign Positing and Installation Billiard, Bagatelle and Pool Establishments • Plus rate per table Bowling Alleys - per lane Butchers Camping Establishments Commercial Parking Lots Dealers in Old Gold or Other Precious Metals Driving Schools Driving Instructors Exhibitions, Etc. Flea Markets for first 3 consecutive days • Plus additional rate per day Food Premises Laundrymen, Laundry Companies, Dry Cleaners, Etc. Motels per room • Plus rate per room Pawn Brokers $ Rate $ HST 45 00 N/A 65.00 N/A 30.00 N/A 30.00 N/A 100.00 N/A 30.00 N/A 30.00 N/A 40.00 N/A 5.00 N/A 110.00 N/A Niagararul(s Expiration Date April 30 December 31 December 31 December 31 December 31 70.00 N/A December 31 20.00 N/A December 31 20.00 N/A December 31 30.00 N/A December 31 110.00 N/A April 30 100.00 N/A December 31 110.00 N/A December 31 60.00 N/A December 31 25.00 N/A December 31 45.00 N/A April 30 650.00 N/A December 31 100.00 N/A to a maximum of $1,150 in one calendar year December 31 December 31 April 30 April 30 December 31 Pedlars (1) Resident 110.00 NIA December 31 (2) Non - Resident 650.00 N/A December 31 Clerks Department Licence Photographers (1) Resident (2) Non - Resident Public Garages, Automobile, Service Stations (1) Garages (2) Auto Service Stations Public Halls (1) Grade I - Capacity 1,000+ (2) Grade 11 - Capacity 600 -999 (3) Grade 111 - Capacity 300 -599 (4) Grade IV - Capacity 299 -under Refreshment Vehicles (1) Motorized (2) Non - Motorized Restaurants Specific Location Daily Sales (1) Resident (2) Non - Resident for the first day • Plus additional rate per day (3) Charitable Groups for first 3 days • Plus additional rate per day Tattoo and Body Piercing Parlours Theatres Therapeutic Massage Massagist (R.M.T.) Tourist Homes, Bed & Breakfasts Second Level Lodging Group Homes $ Rate 65.00 140.00 $ HST N/A N/A 30.00 N/A 30.00 N/A 45.00 N/A 40.00 N/A 35.00 N/A 30.00 N/A 185.00 N/A 100.00 N/A 40.00 N/A Expiration Date NiagaraJalls December 31 December 31 December 31 April 30 April 30 150.00 N/A to a maximum of $1,000 in one 500.00 N/A calendar year 100.00 N/A 325.00 N/A to a maximum of $575 in one 50.00 N/A calendar year 100.00 N/A December 31 110.00 N/A December 31 75.00 N/A December 31 25.00 N/A December 31 65.00 N/A April 30 200.00 N/A December 31 25.00 N/A December 31 Clerks Department Marriage Licence Fees Marriage Licence (payable at the time of application) Vital Statistic Services Fee Division Registrars' Travel Statement (payable at the time of application) Other Licences Master Plumber Journeyman Plumber Adult Entertainment Licence Fees $ Rate $ HST Expiration Date Owner of a Body -Rub Parlour 2,500.00 N/A Operator of a Body -Rub Parlour 400.00 N/A Body- Rubber at a Body -Rub Parlour 250.00 N/A Owner of an Adult Entertainment Parlour 2,500.00 N/A Operator of an Adult Entertainment Parlour 750.00 N/A Entertainer at an Adult Entertainment Parlour 125.00 N/A Owner of an Adult Store 200.00 N/A Seasonal Business Services Licences $ Rate $ HST Expiration Date Seasonal Business Services Licence 1,200.00 N/A valid from Victoria Day weekend until Canadian Thanksgiving Monthly Business Services Licence Administrative Fee* * This processing fee is due and payable at the time the application for a licence is made, and it is not refundable, notwithstanding that the application for a licence may be withdrawn or refused for any reason_ Should the, licence be issued, the administration fee will be deducted from the seasonal or monthly fee $ Fee $ HST $ Total By -law Services $ Rate 100.00 $ Rate 25.00 $ Rate $ HST N/A $ HST N/A $ HST Niaga rafnl(s Expiration Date Expiration Date Expiration Date 40.00 N/A December 31 15.00 N/A December 31 300.00 N/A 300.00 N/A valid for four (4) consecutive weeks Weed Control Administration Fee 250.00 N/A 250.00 Sign Removal Administration Fee 50.00 N/A 50 00 By -law Booklets 5.00 65 5.65 Litter By -law Administration Fee 250.00 N/A 250 00 Variances and Appeals to By -laws (General) 250 00 N/A 250.00 Finance Water Rates Service Charge* - Water (See table below) Service Charge* - Sewer (See table below) * Service Charges are based on the meter service size. Consumption Charge - Water - per cubic meter Consumption Charge - Sewer - per cubic meter Rate Table for Monthly Service Charges Meter Size 15 mm (0.58) 18 mm (0.75) 25 mm (1.00) 37 mm (1.50) 50 mm (2.00) 75 mm (3.00) 100 mm (4.00) 150 mm (6.00) 200 mm (8.00) 250 mm (10.00) * Rates displayed assumes payment on or before due date. Payments received subsequent to due dates are subject to a Late Payment Charge of 5 %. Please Note: All water accounts are being billed and collected by Niagara Peninsula Energy Inc. Please remit payments to Niagara Peninsula Energy Inc. Niagararalls Water Sewer $ Fee $ Fee 21.88 20.20 21.88 2020 21.88 20.20 65.65 60.60 131.29 121.21 262.59 242.41 481.41 444.43 919.05 848.45 1,641.16 1,515.09 2,297.62 2,121.13 Finance Water Installation of Water Service or Meter Installations: • 3/4" Residential Water Service • over 3/4" Water Service • New Meter Installation for Existing Services Shutting Off or Tuming On Water Supply • during Normal Working Hours • outside Normal Working Hours Meter Removal or re- installation • during normal working hours (per hour / per city employee) • outside normal working hours (per hour / per city employee) Administration Fee for Water Arrears Transferred to Property Taxes Note: For the purpose of this By -law, normal working hours shall mean Monday to Friday (exclusive of holidays) between 8 a.m. and 4 p.m. Tax Information Tax Certificate per Property Tax Information per Property Registration Fees - Costs plus • Mortgage Letter • Farm Debt Letter • Final Letter Interest / Penalty on Tax Arrears i \iagaraj;alls $ Fee $ HST $ Total 1,650.00 N/A 1,650.00 Actual Cost N/A Actual Cost Actual Cost N/A Actual Cost 55.00 N/A 55.00 165.00 N/A 165.00 40.00 N/A 40.00 100.00 N/A 100.00 22.00 N/A 22.00 $ Fee $ HST $ Total 50.00 N/A 50.00 40.00 N/A 40.00 l 35.00 N/A 35.00 35.00 N/A 35.00 35.00 N/A 35.00 1.25% 1.25% Extension Agreements 300.00 N/A 300.00 Personal Tax Information Copy • Current Year no charge no charge • One Year 1.00 N/A 1.00 • Two Years and Prior 15.00 N/A 15.00 Mortgage Company Administration Fee 10.00 N/A 10.00 Licences $ Fee $ HST $ Total Dog Licence • Neutered 20.00 N/A 20.00 • Non - neutered 40.00 N/A 40.00 Sundry $ Fee $ HST $ Total Returned Cheque Fee per Account 35.00 N/A 35.00 Description Preparation of Subdivision Agreement Preparation of Development Agreement Preparation of Condominium Agreement Preparation of Site Plan Agreement Preparation of Section 37 Agreement Preparation of Conservation Easement Agreement Preparation of Encroachment Agreement Preparation of Easement Agreement Preparation of Lease /Licence Agreement with the City Preparation of Release of Easement Preparation of Registration Documentation for Part Lot Control By -law Preparation of Discharge of Property Standards Order Preparation of All Other Agreements Property Inquiry Fee Subject to Applicable Disbursements Description Annual Sign Panel Fee - Stanley Avenue Business Park Association - $500.00 per panel (4 panels) Term: October 1, 2010 to September 30, 2011 NiagaraJ'nrls Legal $ Fee* $ HST $ Total 3,500.00 N/A 3,500.00 3,500.00 N/A 3,500.00 3,500.00 N/A 3,500.00 1,500.00 N/A 1,500.00 1,000.00 N/A 1,000.00 750.00 N/A 750.00 500.00 N/A 500.00 500.00 N/A 500.00 500.00 65.00 565.00 150.00 N/A 150.00 200.00 N/A 200.00 75.00 N/A 75.00 1,500.00 195.00 1,695.00 500.00 N/A 500.00 Business Development 1 Fee $ HST $ Total 2,000.00 260.00 2,260.00 Niagararalfs Planning, Building & Development Official Plan Amendment Application Official Plan Amendment Application Zoning Amendment Application High Rise Hotels Standard Complex Public Renotification High Rise Hotels All Other Lands $ Fee $ HST $ Total 6,100.00 N/A 6,100.00 $ Fee $ HST $ Total 7,250.00 N/A 7,250.00 2,800.00 N/A 2,800.00 6,100.00 N/A 6,10000 $ Fee $ HST $ Total Mailing Renotification 225.00 N/A 225.00 Reassessment requiring a further report 400.00 N/A 400.00 Newspaper Renotification ($600.00 deposit payable with application) Actual Cost Actual Cost Official Plan & Zoning Amendment Application (Combined) $ Fee $ HST $ Total 8,100.00 N/A 8,100.00 6,750.00 N/A 6,750.00 Site Plan Application $ Fee $ HST $ Total High Rise Hotels 3,000.00 N/A 3,000.00 All Other Lands (including Testamentary Devise) 2,000.00 N/A 2,000.00 Amendment to Site Plan Agreement 750.00 N/A 750.00 Site Plan Compliance Letter 135.00 N/A 135.00 Notes: Additional fees from the Legal Department are required for applications requiring agreements and registration of some by -laws. Planning, Building & Development Plan of Subdivision Application Residential Plan Modifications to Draft Plan Approval Extension to Draft Plan Approval Plan of Condominium Vacant Land Conversion Standard Extension of Draft Plan Modification of Draft Plan - Vacant Land Condominium Modification of Draft Plan - Standard / Conversion Part Lot Control Separation of Semi - detached / On- street Townhouse Units Deeming By -law Property Relotting Committee of Adjustment Consent / Severance Application • Rescheduling / Renotification • Change of Conditions Minor Variance • Rescheduling / Renotification Environmental Information Letter Zoning Confirmation Letter Sign By Variances Variance to Sign By -law Sign By -law Amendment Sidewalk Cafes Sidewalk Cafe Application $ Fee 6,750.00 N/A 6.750.00 1,500.00 N/A 1,500.00 750.00 N/A 750.00 $ Fee $ HST $ Total 5,000.00 N/A 5,000.00 1,625.00 N/A 1,625.00 1,125.00 N/A 1,125.00 750.00 N/A 750.00 1,500.00 N/A 1,500.00 750.00 N/A 750.00 $ Fee $ HST $ Total 750.00 N/A 750.00 750.00 N/A 750.00 1,700.00 N/A 1,700.00 $.Fee $ HST $ Total 1,700.00 N/A 1,700.00 150.00 N/A 150.00 150.00 N/A 150.00 1,050.00 N/A 1,050.00 150.00 N/A 150.00 135.00 N/A 135.00 135.00 N/A 135.00 $ Fee $ HST $ Total 1,050.00 2,800.00 $ Fee 500.00 Notes: Additional fees are required for Regional Planning review of most applications. Additional fees may be required for Niagara Peninsula Conservation Authority and Regional Niagara Health Department review, where applicable. Niaararalls $ HST $ Total N/A 1,050.00 N/A 2,800.00 $ HST $ Total N/A 500.00 Planning, Building & Development Publications Official Plan Zoning By -law 79 -200 (as amended) Community Improvement Plans • Brownfield C.I.P. • Brownfield Strategy • Pilot Project Area • Financial Incentives • Main & Ferry SWOT Analysis Report • Historic Drummondville CIP • Land Use Plan • Conceptual Urban Design Guidelines Date Base Information (Population /Spreadsheet Reports /Statistical Data) To be negotiated Niagaraf'ntis $ Fee $ HST $ Total 39.82 5.18 45.00 39.82 5.18 45.00 8.85 1.15 10.00 4.43 .57 5.00 4 43 .57 5.00 No Charge 4.43 .57 5.00 8.85 1.15 10.00 4.43 .57 5.00 4.43 .57 5.00 Urban Woodlot Study Accommodations & Attractions Inventory 22.12 2.88 25.00 Garner Neighbourhood Secondary Plan 13.28 1.72 15.00 Tourism Policy Review 13.28 1.72 15.00 Tourist Area Development Strategy 13.28 1.72 15.00 Tourist Area Development Application Guide 4.43 .57 5.00 Sign By -law Review Study 13.28 1.72 15.00 Streetscape Master Plan 13.28 1.72 15.00 Reverse Lot Frontages Interim Guidelines (1989) 8.85 1.15 10.00 Site Plan Policy & Standards (copy included with application) 8.85 1.15 10.00 Sidewalk Cafe 8.85 1.15 10.00 Smart Growth in Niagara 4.43 .57 5.00 High -rise Hotel Development Inventory No charge Heritage Walking Tours No charge Copies of Out -of -Print Materials 35.40 4.60 40.00 26.55 3.45 30.00 Other $ Fee $ HST $ Total Photocopying - 4 pages or more - Black & White .24 .03 .27 Planning, Building & Development The permit fee for the construction of a building, structure or addition, listed by classification of major occupancy, is calculated on the basis of the Gross Floor Area of the building or addition, as applicable, multiplied by the corresponding figure shown below for each class of permit. Assembly Buildings School, Church, Restaurant (over 30 seats), Library, Theatre, Educational or Recreational Facility and Occupancies of 1.446 15.57 a similar nature. Casino 2.340 25.25 Institutional Buildings Hospital, Nursing Home, Reformatory, Prison, and Occupancies of a similar nature. Residential Buildings Single family dwelling, semi - detached dwelling, duplex dwelling Townhouse Add for finished basement, in any of the above Apartment Building Hotel / Motel / Bed & Breakfast Business & Personal Service Buildings Niagarafalts $ISq.ft. $ / Sq. m $ / Sq.ft. $ / Sq. m 1.446 15.57 $ I Sq.ft. $ / Sq. m 0.941 10.13 0.894 9.62 0.257 2.96 0.875 9.42 1.446 15.57 $ I Sq.ft. $ / Sq. m Office or Medical Building, Financial Institutional and Occupancies of a similar nature. 1.446 15.57 Mercantile Buildings $ / Sq.ft. $ / Sq. m Low Rise Retail Store, Strip Plaza, Small Restaurant of 30 seats or less, and Occupancies of a similar nature. 1.176 12.67 Add for Offices or Apartments over the above. 0.675 7.26 Supermarket, Department Store and Occupancies of a similar nature. 1.022 10.99 Add for basement to any of the above mercantile uses. 0.405 4.37 Planning, Building & Development Industrial Buildings Factory, Plant, Warehouse, Industrial Building, and Occupancies of a similar nature. Offices in Industrial Building Other Permits Service Station, Car Wash Air - supported Structure, Tent (See note 5 in By -law) • Under 250 sq. m. - Flat Fee • 250 sq. m - or greater Parking Garage Accessory Storage Building, Farm Building, Greenhouse Conversion of Interior of an Existing Building to a Casino Change of Use • Less than 4,300 sq.ft. (400 sq.m.) - Flat Fee • 4,300 sq.ft. (400 sq.m.), or more - Minimum fee $150.00 Foundation only - % of full permit fee Structural Shell & Foundation only- % of full permit fee Architectural Shell & Foundation only - % of full permit fee (see note 7 in By -law) Demolition of a Building or Structure - min. $150.00 Public Pool - Flat Fee $ / Sq.ft. 0 572 6.17 1.077 11 60 $ / Sq.ft_ $ / Sq. m 0.982 10.57 150.00 0.114 1.23 0.411 4.43 0.289 3.11 1.172 12.63 150.00 0.367 10% 50% 67% 0.023 375.00 Private Pool - above ground - Flat Fee 80.00 - inground Value Method as below Niagara) -ails $ISq. m 3.78 0.24 Niagara Planning, Building & Development Other Permits Continued ... Miscellaneous Residential • Addition to Existing Dwelling (includes attached garage) • Detached Garage • Accessory Building, Detached Solarium • Finishing Basement • Carport, Open Porch, Deck - Flat Fee • Mobile Home (CSA certified) - Flat Fee - Foundation Extra • Mobile Home Foundation • Mobile Home (Uncertified) - including foundation • Signs - for up to 2.322 sq. m - plus $18.837 for each additional sq. m. $ / Sq.ft. $ / Sq. m 0.941 10.13 0 303 3.26 0.268 2.88 0.275 2.96 150.00 150.00 0.151 1.63 0.527 5.67 70.00 Plumbing, Drains, & Sewers $ Fee $ Total Installation of Plumbing - for all plumbing, up to seven fixtures in each unit, plus $4.00 for each additional fixture 75.00 75.00 Rain Water Leaders, Manhole, Catch basin, Area Drain (each) 4.00 4.00 Building Drain, Building Sewer, Building Storm Drain, Building Storm Sewer, Storm Drainage Piping, Private Drain, 75.00 75.00 Private Storm Drain, Water Service Pipe (2" diameter or less) - for initial 150 feet (45 m) of pipe or portion thereof, plus - for each 50 feet (15 m) of additional pipe 15.00 15.00 Connection to a municipal water main (tap only) - Flat Fee - 3/4" up to and including 2" 100.00 100.00 Connection to a municipal water main (tap only) - Flat Fee - over 2" 400.00 400.00 Water Service Pipe or Private Main (over 2" diameter) Value Method, as listed under Miscellaneous Miscellaneous $ Fee $ Total Transfer of Permit to New Owner - 10% of original fee - Minimum Fee 150.00 150.00 Extension of Revocation Date of Permit - Flat Fee 85.00 85.00 Conditional Permit Agreement (See below) - Not Registered - Minimum Fee 150.00 150.00 - Registered on Title - Minimum Fee 250.00 250.00 -12- Planning, Building & Development Miscellaneous Non - routine Inspection Fee • During Regular Hours - Flat Fee • After Regular Hours - Flat Fee Partial Occupancy Inspection Fee - Per Hour Compliance Letter to Lawyers, etc. - per property Liquor Licence Letter - per property Zoning Confirmation - per property Weekend Inspection - per inspection - Minimum Fee up to 4 hours - $100.00 per hour after 4 hours Preparation of Discharge of Property Standards Order Administration Fee " The fee for a Conditional Permit Agreement (CPA) is 20% of the full permit fee. Min. $150.00. in the event that the CPA is complied in full by the due date, then 50% of the CPA fee will be refunded. The fees above, calculated on a sq. ft. /sq. m. basis, include new floor area either in a new building or an addition to an existing building. For categories of construction not listed above, the permit fee shall be $150.00 for the initial $5,000.00 of valuated cost, or portion thereof, plus $10.00 for each additional $1,000.00 of valuated cost, or portion thereof. Fees are payable at time of application. (Includes inground swimming pools) Minimum Permit Fee $150.00 for all classes of permits not noted above. Other applicable fees may be payable for servicing, deposits, development charges, park dedications, etc. The fee for fast tracking a permit (when available) is 1.5 times the applicable rate listed above. Notwithstanding, where construction or installation has occurred prior to the issuance of a permit, then the permit fee shall be double the amount listed above. NOTE: This Summary is intended for reference purposes only. For complete information, refer to By -law 2007 -33 and the various amendments thereto and other applicable by -laws. .24 .03 .27 Photocopies 35.00 N/A 35.00 Non - sufficient Funds 150.00 19.50 169.50 Monthly Building Report 750.00 N/A 750.00 Damage Deposit 1,500.00 N/A 1,500.00 Security Deposit Lot Grading Deposit 300.00 N/A 300.00 • 1982 Policy - Pool and Accessory Buildings 1989 Policy 1,000.00 N/A 1,000.00 • 1989 Policy (Infill Lot) Market Fees $ Fee $ HST $ Total NIAGARA FALLS FARMERS MARKET PARK STREET MARKET Stalls 1 to 37 inclusive - Daily 37 45 4.87 42.32 - Monthly 112.35 14.61 126.96 - Yearly 187.25 24.34 211.59 • Stalls M1 to M5 inclusive - Yearly 642.00 83.46 725.46 SYLVIA PLACE MARKET Stalls 1 to 43 inclusive - Daily 37.45 4.87 42.32 - Monthly 112.35 14.61 126.96 - Yearly 187.25 24.34 211.59 *Stalls M1 to M7 inclusive - Yearly 642.00 83.46 725.46 * M Denotes Meat Stalls Crafters' Tables - Daily -13- Niagara fulls $ Fee $ HST $ Total 65.00 N/A 65.00 100.00 N/A 100.00 65.00 N/A 65.00 75.00 N/A 75.00 75.00 N/A 75.00 6.50 N/A 6 50 250.00 N/A 250.00 125.00 N/A 125.00 10.00 1.30 11.30 City Development Charges 2009 - 2010 Niagarafalls Planning, Building & Development Effective July 20, 2009 Development charges against and to be developed for residential use shall be based upon the following designated services within the corresponding area provided by the City, and in proportions applicable to each service: Designated Services Development Related Studies Roadways & Related Transit Parks & Rec. Library Sanitary Sewer Storm Water Management Sidewalks Water Total Non -Urban Area Mun -Wide ( %) Urban Services ( %) CIty-Wide Only ( %) 2.74% 0.00% 6.68% 14.51% 0.00% 35.35% 2.95% 0.00% 7.21% 18.48% 0.00% 45.03% 2.35% 0 00% 5.73% 0.00% 29.97% 0.00% 0.00% 23.16% 0.00% 0.00% 1.31% 0.00% 0.00% 4.53% 0.00% 41.03% 58.97% 100.00% Urban Area Subject to the provisions of this part and this By -law 2009 -120, development charges against land to be developed for residential use shall be calculated and collected at the following base rates: Development Type Urban Area Non -Urban Area Residential $Per Dwelling Unit $ Per Dwelling Unit Single and Semi Detached Dwelling 10,000.00 4,103.00 Townhouse Dwelling 6.66700 2,736.00 Apartment Dwelling 5,440.00 2,232.00 -14- Municipal Works Private Sewer Lateral Cleaning Monday to Friday (Exclusive of Holidays) between 8:00 a.m. to 3:15 p.m. Monday to Friday (Exclusive of Holidays) between 3:15 p.m. and 4:00 p.m. Saturday, Sunday, or Holiday (anytime) or any other day before 8:00 a.m or after 4:00 p.m. "No Action" or False Alarm Tracing or Video Inspection of a Private Sewer Service Note: Payment can be made by cash, cheque, or credit card in advance of doing any work. Purchase Water Meters 5/8" 3/4" 1" 1.5" 2" compound 3" compound 4" compound 5" compound 4" protectus 6" protectus 8" protectus Subdivision Plans Prints Full Size Prints 4.43 .57 5.00 Photocopies (per page) .24 .03 .27 Letters of Compliance 13.28 1.72 15.00 Tender Documents 44.25 5.75 50.00 Engineering Manuals and Reports 22.12 2.88 25.00 Water /Sewer Maps /Reports Subdivision Plans Prints $ Fee $ HST $ Total Storm Drainage Report 2 Volumes with Map 61.94 8.06 70.00 Watermains - Book of Street Maps 10.62 1.38 12.00 Sanitary & Storm Sewermains - Book of Streetmaps 10.62 1.38 12.00 Horizontal & Vertical Control Book (free update for 3 years) 44.25 5.75 50.00 Prints /Plots (1 m or less) 4.43 .57 5.00 (per 0.5 m after) .89 .11 1.00 Road Occupancy Permit $ Fee $ HST $ Total Application Security deposit required upon approval of application Site Alteration Permit Application 50.00 N/A 50.00 Curb Cut per linear foot (minimum cut fee $65.00) 23.00 N/A 23.00 Sidewalk Repair per sq. foot 8.50 N/A 8.50 Curb Repair per linear foot (minimum repair fee $75.00) 38.00 N/A 38.00 Development - Residential $ Fee $ HST $ Total Single Detached Dwelling & Semi - Detached Dwelling • within Urban Area 3,903.00 N/A 3,903.00 Single Detached Dwelling & Semi - Detached Dwelling • within Non -Urban Area 4,839.00 N/A 4,839.00 Townhouse Dwelling 3,193.00 N/A 3,193 00 Address Change Request 314.29 40.86 355 15 $ Fee 100.00 130.00 $ HST N/A N/A Niagara) u IIs $ Total 100.00 130.00 275.00 N/A 275.00 30.00 N/A 30.00 125.00 N/A 125.00 $ Fee $ HST $ Total 193.47 N/A 193.47 225.69 N/A 225.69 303.92 N/A 303.92 581.36 N/A 581.36 2,267.61 N/A 2.267.61 3,140.64 N/A 3,140.64 4,470.57 N/A 4,470.57 8,131.02 N/A 8,131.02 8,135.67 N/A 8,135.67 10,045.94 N/A 10,045.94 13,655.54 N/A 13,655.54 $Fee $HST $Total 50.00 N/A 50.00 $ Fee $ HST $ Total Municipal Works Site Alteration Application: 1" Year 2n Year (plus security deposit - 10% estimated value of work up to $250 maximum) Miscellaneous Cost of providing CD (if picked up) Cost of providing CD (if mailed) Nia $ Fee N/C 50.00 $ Fee $ HST $ Total 5.30 .78 6.00 13.27 1.73 15.00 Fire On-Site Inspections Home Day Care, Respite Homes Nursery Schools Boarding Room & Lodging & Bed & Breakfast Residential • (1-4 Units) - First Unit Each Additional Unit Multi -Units • Apartments: 1 -4 Units Over 4 Units, rate per unit • Hotels /Motels: 1 -10 Units Over 10 Units, rate per unit • Commercial & Industrial, < 1,000 sq. m. • For each additional 1,000 sq. m. • Nursing Homes Miscellaneous General File Search Reproduce Existing Documents Security Key Boxes Fire Route Signs Production of Fire Safety Plans Fire Safety Plan Review and Approval - per submission Letters & Produce Incident Reports to Insurance LLBO Letters of Compliance Special Events (Approval Letter) Fireworks Displays (Approval Letter) Emergency Procedure Signs Fire Safety Boxes NiagaraJ'alls $ Fee $ HST $ Total 100 00 N/A 100.00 120.00 N/A 120.00 225.00 N/A 225.00 120.00 N/A 120.00 75.00 N/A 75.00 225.00 N/A 225.00 75.00 N/A 75.00 225.00 N/A 225.00 75.00 N/A 75.00 120.00 N/A 120.00 35.00 N/A 35.00 500.00 N/A 500.00 $ Fee $ HST $ Total 100.00 13.00 113.00 60.00 7.80 67.80 80.00 10.40 90.40 28.00 3.64 31.64 225.00 - 550.00 N/A 225.00 - 500.00 50.00 N/A 50.00 70.00 N/A 73.50 160.00 N/A 168.00 70.00 N/A 70.00 70.00 N/A 70.00 2.25 .29 2.54 120.00 15.60 135.60 Fire Miscellaneous Cont'd .. . Fire Safety Lecture (Business - min. of 4 hours) - Per hour Fire Safety Lecture (Non - profit) Fire Extinguisher Training • Business - per employee • Non - Profit Group Supervision of Fire Drills • Business - per employee • Non - Profit Group Plan Examinations, per $1 of permit value Zoning Amendments, per $1 of application fee Site Plan Review, per $1 of application fee Committee of Adjustments, per $1 of application fee Subdivision Plans, per $1 of application fee Municipal Licencing on Site Inspection Municipal Licencing Fire Safety Checklist Review Non - Resident Motor Vehicle Response • per apparatus for first hour or part thereof • per piece of equipment for each additional half -hour or part thereof Re- inspection Fee for outstanding violations for the second and each subsequent re- inspection Equipment Malfunctions First Two Alarms, written warning after 2" alarm Third Alarm Fourth Alarm Fifth Alarm Note: Fee continues to double with successive false alarms, with no limit. $ Fee 50.00 No charge 55.00 N/A No Charge .10 N/A .10 N/A .10 N/A .10 N/A .10 N/A 55.00 N/A 28.00 N/A 100.00 N/A No Charge 300.00 N/A 400.00 N/A 800 00 N/A Niagara f ql1, $ HST $ Total N/A 50.00 / hr. No charge 5.00 - 150.00 N/A 5.00 - No Charge 150.00 $ Fee $ HST $ Total Requested inspection, outside of regular business hours, on weekends or holidays, is $150.00 per hour, with a minimum fee of $300.00. 55.00 .10 10 .10 .10 .10 55.00 28.00 350.00 N/A 175.00 N/A 350.00 175.00 Second Response for Open Air Burning • per apparatus for the first hour or part thereof 350.00 NIA • per apparatus of equipment for each additional half hour or part thereof 175.00 N/A 350.00 175.00 100.00 300.00 400.00 800.00 Parks, Recreation & Culture - Arena IcelFloor Rentals Adult Ice Rental - Resident • Prime Time • Non -Prime Time Youth Ice Rental - Resident • Prime Time • Non -Prime Time Non - Resident Prime Time Ice Rental Summer Ice Rental Floor Rental - Resident • Adult • Youth Floor Rental - Non - Resident Above rates effective May 1, 2010 to Apr. 30, 2011 Cancellation Fee • Arenas, playing fields and MacBain Community Centre rentals MacBain Community Centre Room Rental Fees Room $ Hourly Rate $ HST $ Total $ Day Rate $ HST $ Total For Profit Rental Fees Multi- Purpose Room A Multi- Purpose Room D Multi- Purpose Room E Multi- Purpose Room D/E (Together) Community Board Room Coronation Programming Room Not For Profit Rental Fees Not for Profit Community Group For Profit Commercial Use Birthday Parties Boardrooms Not for Profit Community Group For Profit Commercial Use Note: 25.00 60.00 60.00 120.00 25.00 60.00 50.00 100.00 75.00 3.25 28.25 7.80 67.80 7.80 67.80 15.60 135.60 3.25 28.25 7.80 67.80 Multi- Purpose Room A 12.50 1.63 14.13 60.00 7.80 Multi - Purpose Room DIE (Together) 60.00 7.80 67.80 300.00 39.00 Multi- Purpose Room D 30.00 3.90 33.90 150.00 19.50 Multi- Purpose Room E 30.00 3.90 33.90 150.00 19.50 Coronation 30.00 3.90 33.90 150.00 19.50 6.50 13.00 9.75 56.50 113.00 84.75 NSA N/A 25.00 3.25 28.25 125.00 Per day is for an 8 hr. period. Special provisions for tournaments can be made through contract rental. -19- $ Fee 125.00 300.00 300.00 600.00 125.00 300.00 200.00 400.00 Niaguraj4tlfs $ HST $ Total 183.37 23.84 207.21 119.47 15.53 135.00 118.58 15 42 134.00 77.94 10.13 88.07 228.87 29.75 258.62 183.37 23.84 207.21 59.51 7.74 67.25 56.68 7.37 64 05 71.41 9.28 80 69 $ Fee $ HST $ Total 20.00 2.60 22.60 16.25 39.00 39.00 78.00 16.25 39.00 Gale Centre Room Rental Fees Room $ Hourly Rate $ HST $ Total $ Day Rate $ HST $ Total Memorial Room 141.25 339.00 339.00 678.00 141.25 339.00 67.80 339.00 169.50 169.50 169.50 26.00 226.00 52 00 452.00 16.25 141 25 Parks, Recreation & Culture Note: Commercial Groups /Community Groups Non - Profit: • Prime Hrs. Are Monday - Friday 5:00 p.m. - 12:00 a.m., Weekends 7:00 a.m. - 12:00 a.m. • Non -Prime Hours are all hours before 5:00 p.m., Monday to Friday. • Statutory Holidays are charged at prime rates. • Summer Ice Rates are applicable from May 1" through Aug. 31. • Exact dates of opening and closing to be determined each year. The Special Event Rental rates are for the basic use and services of the facility only. Additional charges will be added for staff, equipment rental and any other facility requirements that are requested. Organizations serving alcoholic beverages must comply with the City's Alcohol Risk Management Policy. Public Skating Special Events Fee NOTE: All rates are per day rates. All rentals are from 12:01 am to 11:59 pm. Rates are the same for all facilities. NiagaraJ'al $ $ HST $ Total Adult (16 years and over) 3.57 .18 4.03 Child / Student (15 years and under) 2.86 .37 3.23 Family Pass (2 adults, 3 children) 6.67 .87 7.54 Swimming Pools $ Single $ HST $ Total $ Season Pass $ HST $ Total Seniors 1.43 .19 1.62 19.05 2.48 21.53 Adult (16 years and over) 1.90 .25 2.15 28.57 3.71 32.28 Youth (under 16) 1.43 .19 1.62 19.05 2.48 21.53 Family (season pass - up to 2 adults 8.3 children) 52.38 6.81 59.19 Baskets .24 .03 .27 Commercial Groups Arenas $ Fee $ HST $ Total Weekday 2,514.23 326.85 2,84108 Weekend 2,938.59 382.02 3,320.61 Community Groups (Registered Non- Profit) Arenas $ Fee $ HST $ Total Ice In 2,389.60 310.65 2,700.25 Ice Out 1,261.75 164.03 1,425.78 Additional Services $ Fee $ HST $ Total Installation and removal of portable floor (per ice pad) ** 3,000.00 390.00 3,390.00 Removal and re- installation of side glass ** 2,800.00 364.00 3,164 00 Removal and re- installation of end glass (per end) " 3,000.00 390.00 3,390.00 Set up and removal of portable floor chairs per chair (does not include cost of chair rental) 1.00 .13 1.13 Ushers /doormen (based on 2 or 3 hr. show, per 3,800 spectators)* 1,600.00 208.00 1,808.00 Electrical services are extra. Rental must use the arena electrical contractor. First Aid medical services are extra and a responsibility of the rental. Where rentals work consecutively, City will portion installation and removals between different rentals. * ** Assumes staff required to work for maximum of 4 hours for any one show and facility filled to stands and floor capacity. City will negotiate rates proportional to established attendance. Parks, Recreation & Culture Multi- purpose Artificial Turf Field Resident Minor/Youth Sport Organization Non - Resident Minor/Youth Sport Organization Resident Adult Not - For - Profit, Sport Organization Non - Resident Adult Not - For - Profit, Sport Organization Commercial, Private Clubs or For Profit Education rate Lighting (per four hour booking) Lighting (one hour) Playing Fields Youth per participant, includes practices, games and tournaments 7.00 .91 7.91 Senior per participant, includes practices, games and tournaments 7.00 .91 7.91 Adult per team (new), includes practices and games (tournaments not included) 100.00 13.00 113 00 Per Hour Options A Category Playing Fields Resident youth Non- resident youth Resident adult Non - resident adult Commercial B Category Playing Fields Resident youth 4.00 .52 4.20 Non - resident youth 10.00 1.30 10.50 Resident adult 8.00 1.04 8.40 Non - resident adult 20.00 2.60 22.60 Commercial 30.00 3.90 33.90 C Category Playing Fields Resident youth no charge Non - resident youth 4.50 .59 5.09 Resident adult 5.00 .65 5.65 Tournament Day Rate (day = 10 hours /field) Resident youth 25.00 3.25 28.25 Non - resident youth 75.00 9.75 84.75 Resident adult 25.00 3.25 28.25 Non - resident adult 120.00 15.60 135.60 Commercial 240.00 31.20 271.20 Lighting per evening (4 hours) Two hours One hour Coronation 50 Plus Recreation Centre Membership Fee - Seniors Age 50 and over Room Rental (per session) Niagara pills $ Fee $ HST $ Total 70.00 9.10 79.10 85.00 11.05 96.05 100.00 13.00 113.00 130.00 16.90 146.90 160.00 20.80 180.80 55.00 7.15 62.15 50.00 6.50 56.50 15.00 1.95 16 95 $ Fee $ HST $ Total $ Fee $ HST $ Total 5.00 .65 5.65 12.00 1.56 13.56 10.00 1.30 11.30 30.00 3.90 33.90 40.00 5.20 45.20 $ Rate $ HST $ Total 50.00 6.50 56.50 25.00 3.25 28.25 15.00 1.95 16.95 $ Fee $ HST $ Total 20.00 2.60 22.60 50.00 6.50 56.50 Parks, Recreation & Culture Interment Rights Adult - Single Lot Preferred Adult - Single Lot Adult - Two Lot Preferred Adult - Two Lot Adult - Three Lot Adult - Six Lot Child /Infant - Single Lot (Fairview) Stillborn - Single Lot (Lundy's Lane) Cremation Plot - 4 Lots Preferred Cremain Plot Interment Rights Adult - Single Lot Adult - Two Lot Adult - Three Lot Adult - Six Lot Child /Infant - Single Lot (Fairview Stillborn - Single Lot (Lundy's Lane) Cremation Plot - 4 Lots Interment Services Interment Services Cemetery 'Services - Resident Lot Sales Cemetery $ Fee Care & Maintenance $ Sub -Total $ HST $ Trust Fee 642.00 428.00 702.00 468.00 1,284.00 856.00 1,404.00 936.00 1,926.00 1,284.00 3,852.00 2,568.00 180.00 120.00 138.00 92.00 324.00 216.00 384.00 256.00 Cemetery Services - Non- Resident Lot Sales Cemetery Trust $ Fee $ Fee 963.00 642.00 1,926.00 1,284.00 2,889.00 1,926.00 5,778.00 3,852.00 270.00 180.00 207.00 138.00 486.00 324.00 Cemetery Services - Resident Burial Fees Cemetery Provincial $ Fee $ Fee Adult Casket Burial (Tent is extra fee) 920.00 10.00 930.00 120.90 1,050.90 Child Casket Burial (Tent is extra fee) 380.00 10.00 390.00 50.70 440.70 Infant/Stillborn Casket (Tent is extra fee) 240.00 10.00 250.00 32.50 282.50 Cremains Urn Burial (Tent is extra fee) 275.00 N/A 275.00 35.75 310.75 Cremains Scatter Burial (Fairview) 135.00 N/A 135.00 17.55 152.55 Cremains Urn Burial - Double (Admin. fee) 50.00 N/A 50.00 6.50 56 50 Interment Cancellation - Casket 300.00 N/A 300.00 39.00 339.00 Interment Cancellation - Urn 125.00 N/A 125.00 16.25 141.25 One Time Care & Mtnce Fee* - per lot (grave) 100.00 N/A 100.00 13.00 113.00 Cemetery Services - Non - Resident Burial Fees Cemetery Provincial $ Fee $ Fee 1,070.00 1,170.00 2,140.00 2,340.00 3,210.00 6,420.00 300.00 230.00 540.00 640.00 $ Sub - Total $ HST 1,605.00 3,210.00 4,815.00 9,630.00 450.00 345.00 810.00 $ Sub -Total $ Sub -Total 139.10 152.10 278.20 304.20 417.30 834.60 39.00 29.90 70.20 83.20 208.65 417.30 625.95 1.251.90 58.50 44.85 105.30 iagaraJ'nlls $ Total Fee 1,209.10 1,322.10 2,418.20 2,644.20 3,627.30 7,254.60 339.00 259.90 610.20 723.20 $ Total Fee 1,813.65 3,627.30 5,440.95 10, 881.90 508.50 389.85 915.30 $ HST $ Total $ HST $ Total Adult Casket Burial (Tent is extra fee) 1,385.00 10.00 1,395.00 181.35 1,576.35 Child Casket Burial (Tent is extra fee) 575.00 10.00 585.00 76.05 661.05 Infant/Stillborn Casket (Tent is extra fee) 365.00 10.00 375.00 48.75 423.75 Cremains Urn Burial 415.00 N/A 415.00 53.95 468.95 Cremains Scatter Burial (Fairview) 202.00 N/A 202.00 26.26 228.26 Cremains Urn Burial - Double (Admin. fee) 50.00 N/A 50.00 6.50 56 50 Interment Cancellation - Casket 450.00 N/A 450.00 58.50 508.50 Interment Cancellation - Urn 187.00 N/A 187.00 24.31 211.31 Administration Services Interment Rights • Transfer • Exchange • Replacement/Duplicate • Double Cremain /Companion Urn Cemetery Records Search - per hour Memorial Program Memorial Tree Memorial Bench with 3" x 6" plate installed on back of bench Memorial Bench with bronze plaque (8" x 10 ") and stand Memorial Marker - Maple Grove Memory Lane (includes inscription) Foundation / Marker Installation Services Concrete Foundation Per Cubic Foot. - Supply and Install Foundation Installation (Minimum Charge) Pre -Pour Foundation (Section Q & P Double Plots) Foundation Removal Veteran Upright Marker Setting Small Flat Marker Setting - under 172 sq. in. Large Flat Marker Setting - over 172 sq. in. Corner Markers Setting - Per Set of 4 Marker Care & Maintenance Flat Marker - Over 172 sq. in. Upright Marker including base up to 4 ft. high /long Upright Marker including base over 4 ft. high /long Ms- Interment Services Adult/Child - Dis- interment only* Adult/Child - Dis- interment and Re- interment Infant/Stillborn - Dis- interment only" Infant/Stillborn - Dis - interment and Re- interment Cremains - Dis- interment only* Cremains - Dis- interment and Re- interment Remains are removed from Municipal Cemetery 5iagaraJarll.c Parks, Recreation & Culture Cemetery Services PLEASE NOTE: • All Committal Service scheduling is at the approval of the Cemetery Section based on location, weather, staff availability and the number of services requested by Funeral Directors per day. • Monday to Friday Interment Services (except on statutory or City holidays) may be scheduled between 10:00 a.m. and 3:15 p.m. only. • Saturday Services may be scheduled between 10:00 a.m. and 2:00 p.m. only. • Sunday and Statutory Holiday Interment Services may be scheduled between 11:00 a.m. and 2:00 p.m. • A "Scheduled" Funeral late arrival and other interment surcharges will apply as indicated in the Cemetery Fee Schedule - "interment Surcharges ". • Funeral late arrivals (arriving after the scheduled time) will be subject to an additional "Funeral Crew Standby" fee. • Funeral Directors are responsible for advising families, in advance, of potential funeral late charges and applicable surcharges. • One Time Care & Maintenance Fee is charged for an interment (Full Body or Cremation) that takes place in a lot (grave) that was purchased prior to 1955. $ Cemetery $ HST $ Total 50.00 6.50 56.50 50.00 6.50 56.50 25.00 3.25 28.25 50.00 6.50 56.50 25.00 3.25 28.25 $ Cemetery $ HST $ Total 300.00 39.00 339.00 1,250.00 162.50 1,412.50 1,600.00 208.00 1,808.00 350.00 45.50 395.50 $ Cemetery $ HST $ Total 19.00 2.47 21.47 223.00 28.99 251.99 310.27 40.34 350.61 150.00 19.50 169.50 80.00 10.40 90.40 50.00 6.50 56.50 80.00 10.40 90.40 45.00 5.85 50 85 $ Provincial $ HST $ Total 50.00 6.50 56.50 100.00 13.00 113.00 200.00 26.00 226.00 $ Cemetery $ HST $ Total 900.00 117.00 1,017 00 1,630.00 211.90 1,841.90 300.00 39.00 339 00 500.00 65.00 565.00 150.00 19.50 169 50 350.00 45.50 395.50 Parks, Recreation & Culture Interment Surcharge Weekday Funeral Late Arrival Scheduled • After 3:15 pm Funeral Crew Standby - Funeral procession arrives after scheduled time • Weekdays (per 1/4 hour) • Saturday /Sunday /Holidays (per 1/4 hour) Casket Burial • Saturday - arrival before 2:00 pm • Sunday and Holiday - arrival before 2:00 pm Cremains Burial • Saturday - arrival before 2:00 pm • Saturday Scattering - arrival before 2:00 pm • Sunday /Holiday - arrival before 2:00 pm Interment Right Tent Rental • Adult/Child /Stillborn /Cremains Burial Less Than 8 Working Hours • Casket Burial Order • Cremains Burial Order Cemetery Services Lower and Seal Concrete Vault/Liner Lid 40.00 Lower Concrete Vault/Liner Box 70.00 $ Cemetery 100.00 30.00 40.00 370.00 525.00 \iagararalls $ HST $ Total 13.00 113.00 3.90 33.90 5.20 45.20 48.10 418.10 68.25 593.25 190.00 24.70 214.70 90.00 11.70 101.70 280.00 36.40 316.40 $ Cemetery $ HST $ Total 200.00 26.00 226.00 175.00 22.75 90.00 11.70 197.75 101.70 5.20 45.20 9.10 79.10 Parks, Recreation & Culture - Columbarium Cemetery Services - Inurnment Rights - Resident Maple Grove - Trillium Court Columbarium Niche Level A & F (Double Niche) B & E (Double Niche) C & D (Double Niche) A & F (Double Niche) B & E (Double Niche) C & D (Double Niche Product Bronze Wreath - includes inscription & installation Cemetery Services - Inurnment Rights - Resident Maple Grove - Primrose & Perriwinkle Lanes Columbarium Niche Level A & F (Double Niche) B & E (Double Niche) C & D (Double Niche) A & F (Double Niche) B & E (Double Niche) C & D (Double Niche) Fairview - Maple Grove Opening & Closing Service RESIDENT - Single Inurnment NON - RESIDENT - Single Inurnment Double Cremain Inurnment * $ Cemetery Fee $ Care & Maintenance $ Total Fee $ HST $ Total (80 %) (20 %) 800.00 880.00 1,000.00 200.00 220.00 250.00 1,000.00 1,100.00 1,250.00 Cemetery Services - Inurnment Rights - Non- Resident 1,200.00 300.00 1,500.00 195.00 1,695.00 1,320.00 330.00 1,650.00 214.50 1,864 50 1,500.00 375.00 1,875.00 243.75 2,118.75 $ Fee $ HST $ Total $ Cemetery Fee $ Care & Maintenance $ Total Fee $ HST $ Total (80 %) .. (20 %) 600.00 680.00 760.00 150.00 170.00 190.00 750.00 850.00 950.00 Cemetery Services - Inurnment Rights - Non - Resident Administration Fee for the second inurnment if taking place the same time as the first and in the same Niche 900.00 1,020.00 1,140.00 225.00 255.00 285.00 200.00 300.00 50.00 130.00 143.00 162.50 NiagarajarII 1,130.00 1,243.00 1,412.50 550.00 71.50 621.50 1,125.00 1,275.00 1,425.00 97.50 847.50 110.50 960.50 123.50 1,073.50 146.25 1,271.25 165.75 1,440.75 185.25 1,610.25 $ Cemetery Fee $ HST $ Total 26.00 226.00 39.00 339.00 6.50 56.50 Parks, Recreation & Culture - Columbarium Cemetery Services _ Inurnment Rights - Resident Stamford Green Heritage Columbarium Niche Level A (Single Niche) A (Double Niche) B (Single Niche) B (Double Niche) F (Single Niche) F (Double Niche) G (Single Niche) G (Double Niche) A (Single Niche) A (Double Niche) B (Single Niche) 8 (Double Niche) F (Single Niche) F (Double Niche) G (Single Niche) G (Double Niche) Opening & Closing Services Product Glass - Single Niche Glass - Double Niche Bronze - Single Niche Bronze - Double Niche `iagarafvills $ Cemetery Fee $ Care & Maintenance $Total $ HST $ Total (80 %) (20 %) Fee 375.00 100.00 475.00 61.75 536.75 760.00 190.00 950.00 123.50 1,073.50 480.00 120.00 600.00 78.00 678.00 880.00 220.00 1,100.00 143.00 1,243.00 480.00 120.00 600.00 78.00 678.00 880.00 220.00 1,100.00 143.00 1,273.00 375.00 100.00 475.00 61.75 536.75 760.00 190.00 950.00 123.50 1,073.50 Cemetery Services - Inurnment Rights Non- Resident 560.00 150.00 710.00 92.30 802.30 1,140.00 285.00 1,425.00 185.25 1,610.25 720.00 180.00 900.00 117,00 1,017.00 1,320.00 330.00 1,650.00 214.50 1,864.50 720.00 180.00 900.00 147.00 1,017.00 1,320.00 330.00 1,650.00 214.50 1,864.50 560.00 150.00 710.00 92.30 802.30 1,140.00 285.00 1,425.00 185.25 1,610.25 RESIDENT - Single Inurnment NON- RESIDENT - Single Inurnment Double Cremain Inurnment/Companion Urn* `administrative fee for the 2 inurnment if taking place the same time as the first and in the same Niche $ Cemetery Fee $ HST $ Total 200.00 26.00 226.00 300.00 39.00 339.00 50.00 6.50 56.50 $ Fee $ HST $ Total 35.00 60.00 440.00 560.00 4 55 7.80 57.20 72.80 39.55 67.80 497.20 632.80 Transportation Services Parking Permits Commercial Vehicle Loading Permit - Annually • First such motor vehicle 50.00 6.50 56.50 • Second such motor vehicle - under same registered owner as the first permit 10.00 1.30 11.30 • Each additional such motor vehicle under the same registered owner as the 'V 2n permits. 5.00 .65 5.65 Oversize /Overweight Load Permit - Single Trip 25.00 3.25 28.25 - Annually 150.00 19.50 169.50 On- street Overnight Parking Permit - Annually 50.00 6.50 56.50 Newspaper Box Permit - Annually 10.00 N/A 10.00 On- Street & Off Street Parking Fees (per hour) .44/.66/ .06/.10 .50/.75/ Parking Meter Bagging (per meter per day) - minimum* *Actual lost revenue cost applies if bagged longer than 3 days. Residential On- Street Permit/Replacement Cost Parking Lots - Municipal Parking Lot 1 - per month Lot 2A ($0.65 per hour) - per month Lot 3 ($0.65 per hour) - per month Lot 5 - per hour Lot 7 - per month Lot 8 - per month Lot 9 ($0.65 per hour) - per month Lot 10A ($0.65 per hour) - per month Lot 11 - per hour Lot 15 ($1.50 per hour) - per month Lot 18 ($1.50 per hour) - $8.00 for 8 hours Lot 19 ($0.75 per hour) - per month Lot 20 ($1.50 per hour) - $10.00 for 8 hours Parking Lot Permit Replacement Cost • 1 -15 days • 16 -31 days $ Fee $ HST Niagaraj'nIL. $ Total 1.33/7.08 .17/.92 1.50/8.00 10.00 1.30 11.30 10.00 1.30 11 30 $ Fee $ HST $ Total Full Cost of Lot Half Cost of Lot 25.00 3.25 28.25 30.00 3.90 33 90 30.00 3.90 33.90 1.33 .17 1.50 30.00 3.90 33 90 30.00 3.90 33.90 25.00 3.25 28.25 30.00 3.90 33.90 .44 .06 .50 45.00 5.85 50.85 7.08 .92 8.00 30.00 3.90 33.90 8.85 1.15 10.00 Transportation Services Parking Violations Parked Overtime - Meter Zones Parked Facing Wrong Way Over 30 cm From Edge of Roadway Parked on a Boulevard Obstructing a Sidewalk Parked in a Taxi Stand Obstructing Lane or Driveway Parking within 20" of a Crosswalk Parking between 2:00 am - 6:00 am Parking in a Bus Stop Stopping in No Stopping Zone Parking Hwy Vehicle Overnight Obstruction Fire Lane Handicapped Parking Only Parking Control Photos Parking Infraction Record Information NSF Fees Court Conviction Costs Traffic Information 8 Hour Intersection Traffic Count - per location 100.00 13.00 113.00 24 Hour Automatic Traffic Recorder (ATR) - per location 30.00 3.90 33.90 Spot Speed Study - Radar Gun - per location 50.00 6.50 56.50 24 Hour Speed Study (ATR) - per location 100.00 13.00 113.00 Motor Vehicle Collision Summary Report - per location 50.00 6.50 56.50 Intersection Capacity Analysis - per location 100.00 13.00 113.00 Traffic Signal Timing Plan Summary - per location 50.00 6.50 56.50 Disabled Parking Sign 13.45 1.75 15.20 Disabled Parking Tab ($300 Fine) 7.16 .93 8.09 6 foot Telespar Post 7.96 1.04 9.00 NiagareiJ calls $ Fee , $ HST $ Total 20.00 N/A 20.00 25.00 N/A 25.00 25.00 N/A 25.00 25.00 N/A 25.00 50.00 N/A 50.00 40.00 N/A 40.00 25.00 N/A 25.00 50.00 N/A 50 00 25.00 NIA 25.00 50.00 N/A 50.00 50.00 N/A 50.00 80.00 N/A 80.00 95.00 N/A 95.00 300.00 N/A 300 00 .50 N/A .50 5.00 N/A 5.00 35.00 N/A 35.00 16.00 N/A 16.00 $ Fee $ HST $ Total Transportation Services Niagara Transit Fare Structure - Effective January 2010 Cash Fares Adult VIP (Senior) Student 6 to 12 yrs. 5 and under Tickets (sheet of 10) Adult VIP (Senior) Student Monthly Passes Adult VIP (Senior) Student Bus Charter - per hour * minimum charter time - 2 hours Niagar.lIalls $ Fee $ HST $ Total 2.35 N/A 2.35 2.10 N/A 2.10 2.10 N/A 2.10 1.10 N/A 1.10 Free 22.00 N/A 22.00 19.50 N/A 19.50 19.50 N/A 19.50 65.00 N/A 65.00 50.00 N/A 50.00 50.00 N/A 50.00 Brock/Niagara College 3.75 N/A 3.75 One Way 280.00 N/A 280.00 Semester High School Semester 180.00 N/A 180 -00 Student Falls Shuttle 6.00 N/A 6.00 All Day 3.50 N/A 3 50 One -way adult 1.00 N/A 1.00 One-way child Bus Charter 90.00 11.70 101.70 h l h Transportation Services Niagara Transit - Garage Maintenance Diesel Fuel #1 Clear Diesel Fuel - 4 Diesel Fuel - 337 Outside Wash Outside Wash, Mop, Sweep, Fluids - 337 Rear Bus Degrease Washroom Service Washroom Service includes interior Sweep Inside Mop Inside Detailing - includes sweep /mop /wash Detailing - includes sweep /mop /wash /vac. - 337 Park Outside - 4 Long Term Park Outside - Regular - 337 Windshield Degrease & Scrub Labour - Straight Time Labour - Overtime Labour - 221 - Straight Time Labour - 221 - Overtime Labour - Computer Diagnostics Road Service - Hourly Rate Road Service Mileage - Charge /km Road Service Bridge and Misc. Tolls (priced as required) Towing Charges (priced as required) I AC Labour - Straight Time AC Labour - Overtime Battery Charge Parking Rebate - with any service (for 6 hr. tkt.) $ Fee $ HST $ Total .920 .12 1.04 .910 .12 1.03 .858 .11 .97 27.00 3.51 30.51 35.00 4.55 39.55 7.25 .94 8.19 27.00 3.51 30.51 37.50 4.88 42.38 15.00 1.95 16.95 15.00 1.95 16.95 110.00 14.30 124.300 175.00 22.75 197.75 7.00 .91 7.91 15.00 1.95 16.95 7.25 .94 8.19 90.00 11.70 101.70 100.00 13.00 113.00 48.80 6.34 55.14 52.00 6.76 58.76 85.00 11.05 96.05 125.00 16.25 141.25 .95 .12 1.07 1.00 .13 1.13 1.00 .13 1.13 95.00 12.35 107 35 105.00 13.65 118.65 21.00 2.73 23.73 -5.00 -.65 -5.65 NiagaraFialls 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 (905) 356 -7521 www.niagarafalls.ca CITY OF NIAGARA FALLS By -law No. 2010 - A by -law to permanently close part of a highway. WHEREAS Section 34 of the Municipal Act, provides, in part, that the Council of every municipality may pass by -laws to permanently close any highway; AND WHEREAS the Council of The Corporation of the City of Niagara Falls now deems it expedient to pass this by -law; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Part of the road allowance between Township Lots 43 and 44 and 36 and 37 and part of Township Lots 36 and 44 being Part 1 on Reference Plan 59R- 14168, in the City of Niagara Falls; and 2. Part of the road allowance between Township Lots 43 and 44 being Part 2 on Reference Plan 59R- 14168, in the City of Niagara Falls; are hereby permanently closed. 3. The Mayor and Clerk are hereby authorized to execute all documents that may be required for the purpose of carrying out the intent of this by -law and the Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this fourteenth day of June, 2010. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: June 14, 2010. June 14, 2010. June 14, 2010. CITY OF NIAGARA FALLS By -law No. 2010- A by -law to declare the following: 1. Part of the road allowance between Township Lots 43 and 44 and 36 and 37 and part of Township Lots 36 and 44 being Part 1 on Reference Plan 59R- 14168, in the City of Niagara Falls; and 2. Part of the road allowance between Township Lots 43 and 44 being Part 2 on Reference Plan 59R- 14168, in the City of Niagara Falls, surplus. WHEREAS City of Niagara Falls By -law No. 2003 -16 governing the sale of land by the City of Niagara Falls provides that prior to selling any land, every municipality and local board shall by by- law or resolution declare the land to be surplus; AND WHEREAS the Council of The Corporation of the City of Niagara Falls now deems it expedient to pass this by -law; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: That Part of the road allowance between Township Lots 43 and 44 and 36 and 37 and part of Township Lots 36 and 44 being Part 1 on Reference Plan 59R - 14168; and part of the road allowance between Township Lots 43 and 44 being Part 2 on Reference Plan 59R - 14168, in the City ofNiagara Falls, in the Regional Municipality of Niagara, are hereby declared surplus. Passed this fourteenth day of June, 2010. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: June 14, 2010. June 14, 2010. June 14, 2010. CITY OF NIAGARA FALLS By -law No. 2010 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 14 day of June, 2010. WHEREAS it is deemed desirable and expedient that the actions and proceedings of Council as herein set forth be adopted, ratified and confirmed by by -law. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The actions of the Council at its meeting held on the 14' day of June, 2010 including all motions, resolutions and other actions taken by the Council at its said meeting, are hereby adopted, ratified and confirmed as if they were expressly embodied in this by -law, except where the prior approval of the Ontario Municipal Board or other authority is by law required or any action required by law to be taken by resolution. 2. Where no individual by -law has been or is passed with respect to the taking of any action authorized in or with respect to the exercise of any powers by the Council, then this by -law shall be deemed for all purposes to be the by -law required for approving, authorizing and taking of any action authorized therein or thereby, or required for the exercise of any powers thereon by the Council. 3. The Mayor and the proper officers of the Corporation of the City of Niagara Falls are hereby authorized and directed to do all things necessary to give effect to the said actions of the Council or to obtain approvals where required, and, except where otherwise provided, the Mayor and the Clerk are hereby authorized and directed to execute all documents arising therefrom and necessary on behalf of the Corporation of the City of Niagara Falls and to affix thereto the corporate seal of the Corporation of the City of Niagara Falls. Passed this fourteenth day of June, 2010. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: June 14, 2010 June 14, 2010 June 14, 2010