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2010/07/19
COUNCIL MEETING Monday, July 19, 2010 Order of Business and Agenda Package Niagara alts CANA DA COUNCIL MEETING July 19, 2010 O CANADA Emma Montagano will sing 0 Canada PRAYER: Councillor Maves ADOPTION OF MINUTES: Council Minutes of June 28 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. Girls Soccer Club OFSAA Champions Members of the Saint Paul Patriots Varsity Girls Soccer Club will be recognized for becoming the AAA Ontario Federation of School Athletic Associations Champions in Windsor. Niagara Health Coalition DEPUTATIONS /PRESENTATIONS Sue Hotte, Co -Chair Niagara Health Coalition will make a presentation to Council on the Ontario Health Coalition's report of May 17, 2010, Towards Access and Equality. A copy of the executive summary has been provided. 2 PLANNING MATTERS Public Meeting 26T -11- 2010 -01 & AM- 2010 -012. Deerfield Estates Phase 9 Draft Plan of Subdivision Zoning By -law Amendment Application Kalar Road (West Side), South of Lundy's Lane Owner: River Realty Development (1976) Inc. ( Stewart Branscombe) Background Material: Recommendation Report: PD- 2010 -60 -AND- Correspondence from Deby and Barry O'Connor & John and Deanna Reichenbach Background Material: Recommendation Report: PD- 2010 -57 Public Meeting AM- 2010 -007, Zoning By -law Amendment Application 6158, 6174 and 6180 Main Street Applicant: Napev Construction Limited Agent: Uri Salmona, Salmona Tregunno Architects Proposed 30 Unit Townhouse Development Background Material: Recommendation Report: PD- 2010 -58 AND- Correspondence from Maribeth Chambers, SHW Consulting Solutions Public Meeting AM- 2010 -014, Zoning By -law Amendment Application 6158 -6170 Stanley Avenue and 6158 Allendale Avenue Applicants: Canop Investments Inc. And Terma Holdings Inc. (Alfredo Costabile) Agent: Italia Gilberti, Broderick & Partners LLP Expansion to the Fallsview Inn 3 Public Meeting SBA - 2010 -001, Sign By -law Amendment Application 6361 Fallsview Boulevard, Hilton Hotel Owner: Joe DiCosimo Background Material: Recommendation Report: PD- 2010 -56 -AND- Correspondence from Jean Grandoni MISCELLANEOUS PLANNING MATTERS PD- 2010 -59, AM- 2009 -024, Official Plan Amendment No. 96. New Environmental Policies for the City of Niagara Falls. MAYOR'S REPORTS, ANNOUNCEMENTS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. * * * ** REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS (Councillor loannoni, Chair) RATIFICATION OF "IN CAMERA" RECOMMENDATIONS * * * ** 4 CONSENT AGENDA THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN, A COUNCILLOR MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. F- 2010 -42 - 2009 Development Charges F- 2010 -44 - Municipal Accounts L- 2010 -11 - Release of Agreements, 7555 Montrose Road. MW- 2010 -50 - Consultant for Risk Management Services MW- 2010 -31 - Cured in Place Contract PD- 2010 -55, PLC - 2010 -004, Request for Removal of part Lot Control, Part Lots 16,17 & 18, Plan 59M -251. More Specifically Described as parts 1 through 13, Plan 59R- 14243, 6352 -6364 Pinestone Road. Owner: Walker Community Development Corporation TS- 2010 -20 - Subdivision Agreements, update to Parking and Traffic By -law 89- 2000 BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2010 -96 A by -law to authorize an Application General to amend the register to release two Agreements registered as Instrument Numbers R0222261 and R0222262. 2010 -97 A by -law to authorize the Mayor and Treasurer to execute this Letter of Agreement between Her Majesty the Queen in right of the Province of Ontario, represented by the Minister of Transportation for the Province of Ontario (the "Ministry") and the City of Niagara Falls (the "Municipality ") Related to Funding Provided by the Province of Ontario (the "Province ") to the Municipality under the Dedicated Gas Tax Funds for Public Transportation Program as in Schedule "A" attached hereto. 2010 -98 A by -law to provide for the adoption of Amendment No. 95 to the City of Niagara Falls Official Plan. (OPA No. 95) 2010 -99 A by -law to amend By -law No. 79 -200, to permit a limited range of uses in a SC zone, subject to the removal of a temporary holding (H) symbol. (AM- 2009 -023) 5 2010 -100 A by -law to amend By -law No. 79 -200, to permit uses in a TC zone, subject to the removal of a temporary holding (H) symbol. (AM- 2009 -023) 2010 -101 A by -law to amend By -law No. 79 -200, to permit a furniture warehouse and retail furniture store in a GC zone, subject to the removal of a holding (H) symbol. (AM- 2009 -023) 2010 -102 A by -law to amend By -law No. 79 -200, to permit a hotel in excess of 12 metres in height, subject to the removal of a temporary holding (H) symbol. (AM- 2009 -023) 2010 -103 A by -law to amend By -law No. 79 -200, to permit uses in a TC zone, subject to the removal of a temporary holding (H) symbol. (AM- 2009 -023) 2010 -104 2010 -105 2010 -106 2010 -107 2010 -108 2010 -109 2010 -110 2010 -111 2010 -112 2010 -113 2010 -114 A by -law to amend By -law No. 79 -200, to permit uses in a TC zone, removal of a temporary holding (H) symbol. (AM- 2009 -023) A by -law to amend By -law No. 79 -200, to permit uses in a TC zone, removal of a temporary holding (H) symbol. (AM- 2009 -023) A by -law to amend By -law No. 79 -200, to permit uses in a TC zone, removal of a temporary holding (H) symbol. (AM- 2009 -023) A by -law to amend By -law No. 79 -200, to permit uses in a GC zone, removal of a temporary holding (H) symbol. (AM- 2009 -023) A by -law to amend By -law No. 79 -200, to permit uses in a GC zone, removal of a temporary holding (H) symbol. (AM- 2009 -023) A by -law to amend By -law No. 79 -200, to permit uses in a GC zone, removal of a temporary holding (H) symbol. (AM- 2009 -023) A by -law to amend By -law No. 79 -200, to permit uses in a GC zone, removal of a temporary holding (H) symbol. (AM- 2009 -023) A by -law to amend By -law No. 79 -200, to permit uses in a SC zone, removal of a temporary holding (H) symbol. (AM- 2009 -023) subject to the subject to the subject to the subject to the subject to the subject to the subject to the subject to the A by -law to provide for the adoption of Amendment No. 96 to the City of Niagara Falls Official Plan. (OPA No. 96) A by -law to designate portions of Lots 16 & 17 and 18, Registered Plan 59M -251, not be subject to part lot control. (PLC- 2010 -004) A by -law to amend By -law No. 2008 -224, being a by -law to prohibit or regulate the placing or erecting of signs, notices, and advertising devices on public and private property within the City of Niagara Falls. - 6 - 2010 -115 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. ( Yield Signs at Intersections, Stop Signs at Intersections, Parking Prohibited, Stopping Prohibited) 2010 -116 A by -law to amend By -law 2009 -71, being a by -law with respect to the installation and maintenance of either a fire safety box or a fire safety box and a lock box or existing lock box. 2010 -117 A by -law to establish Part 1 on Reference Plan 59R- xx as a public highway, to be known as and to form part of Hendershot Boulevard (HANDOUT). 2010 -118 A by -law to authorize the payment of $19,738,534.66 for General Purposes. 2010 -119 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 19 day of July, 2010. NEW BUSINESS 7/13/2010) Teresa Fabbro - Fwd: singer Page 1 From: Dean Iorfida To: Teresa Fabbro Date: 7/5/2010 8:52 AM Subject: Fwd: singer »> "Laurie" <tanez(@cogeco.ca> 7/3/2010 8:44 PM »> Hi Dean - Your singer for July 19 is Emma Montagano and here is her bio. Emma Montagano, 11, has lived in Niagara Falls since birth. She attends Notre Dame Elementary School and will be in grade 7 in the upcoming school year. Emma has taken voice lessons at NIOMA (Niagara Institute of Music and Arts) for the last four years. She has also taken piano lessons for the last two years. She lives in Niagara Falls with her parents Mike and Kim and her younger sister, Claire. Emma enjoys soccer and swim lessons in the summer and her music lessons in the fall. Laurie Community Services Department Recreation and Culture Inter- Department Memorandum FROM: Lori Albanese Community Development Coordinator Ext. 3332 Graduating Team Members: Kristen Baldinelli Alex Pasco Kara Young Returing Team Members: Ally Baldassarro Krista Lopoyda Alicia Pappaianni Lisa Fossey Ann Stranges Katie Casucci Alexa Maccarone Krystina Ruml Lindsey Gilliss -Lapp Victoria Vaccaro Taylor Girhney Madelyn Morgan Sydney Santin CLERK'S JUN 10 2010 RE: Awards at Council - Monday, July 19, 2010 Saint Paul Patriots Varsity Girls Soccer Club OFSAA Champions AAA Ontario Federation of School Athletic Association Niagaraalls TO: Cathy Crabbe DATE: July 19, 2010 Mayor's Executive Assistant The Saint Paul Patriots Varsity Girls Soccer Club became the AAA Ontario Federation of School Athletic Associations Champions in Windsor, Ontario, during the first weekend of June. It was a perfect season and the St. Paul Patriots went undefeated. Winning 2 -0 against Northern Collegiate Institute and Vocational School, on Saturday, June 5, 2010, the team walked away with the O.F.S.A.A. championship, winning all seven games. In their regular zone season, the team went 4 -0 before winning both matches at the Southern Ontario Secondary Schools Association (S.O.S.S.A.) tournament. The team also won the Brock University High School Varsity Girls Soccer Tournament. Statistical information: 4 -0 in regular season play; 2 -0 at S.O.S.S.A.; 7 -0 at O.F.S.A.A.; Brock Tournament Champs; 3 goals against all season long! Congratulations to the team and coaches. Lauren Kafal Sara Vitaterna Brittney Haanapel Tanya Paladino Coaches: Stephen Abbruscato (Head Coach), Dino DiCarlo- MacLean and Alyssa Dagg (Assistant Coaches) cc. Dean Iorfida, Kathy Moldenhauer Working Together to Serve Our Community Municipal Works • Fire Services • Parks, Recreation & Culture • Business Development • Building & By -Law Services 7/7/2010 Deanlorfida - Niagara Falls motion) docx age Motion for the Niagara Falls Council Whereas the Ontario Health Coalition, has released, on Monday, May 17, 2010, a 92 -page report on Small and Rural Hospital Services across Ontario, the result of hearings in twelve such communities across the province, including south Niagara, undertaken by a panel of healthcare and health policy experts; and Whereas this report confirms the serious concerns expressed in various resolutions passed by the Councils of Welland, Fort Erie, Port Colborne, Niagara Falls, Pelham and Thorold, in reference to the effects of hospital restructuring under the Niagara Health System's Hospital Improvement Plan; and Whereas the leadership of the NHS, the HNHB LHIN and the MOHLTC has not heretofore responded to these concerns; and Whereas the Niagara Health System by continuing to implement its restructuring plan without first evaluating its impact to date on patient care and access to hospitals will make further cuts to hospital services and beds in Niagara Falls, St. Catharines and Welland and adversely affect over 300,000 residents; Therefore be it resolved that the Niagara Falls City Council endorse the following recommendation of the Ontario Health Coalition's report of May 17, 2010, Towards Access and Equality: Realigning Ontario's Approach to Small and Rural Hospitals to Serve Public Values as follows • The provincial government must send an investigator under the provisions of the Public Hospitals Act to investigate serious complaints and unresolved issues in the Niagara Health System and to act quickly on his /her recommendations in order to improve the quality of management, patient care and access to hospital services throughout Niagara. Toward Access and Equality: Realigning Ontario's Approach to Small and Rural Hospitals to Serve Public Values Results of the Ontario Health Coalition hearings on small and rural hospitals held in12 communities across Ontario in March 2010 Submitted by the panelists to the Ontario Health Coalition May 17, 2010 Ontario Health Coalition 15 Gervais Drive, Suite 305 Toronto, Ontario M3C 1Y8 Tel: 416- 441 -2502 Fax: 416- 441 -4073 Email: ohc @sympatico.ca www.ontariohealthcoalition.ca Recommendations I. ACCESS TO CARE Set baseline requirements for access to hospital services and build upon efforts already underway to address nurse, physician and health professional shortages. Investigate, evaluate and rectify severe problems in access to care as a result of hospital cuts. 1. Create policy to ensure a basket of services are available in every hospital, including in the smallest and amalgamated or allied hospitals. The role of the smallest hospitals, including the smaller sites of the amalgamated and allied hospitals, should be to plan to provide at minimum the baseline hospital services identified here. Amalgamation of governance and management functions should not be interpreted to mean that services are not needed and can be summarily withdrawn by hospital boards or LHINs. Small hospitals specialize in assessment, stabilization and transfer of critical cases, and provide basic hospital care close to home. Larger small hospitals and more remote small hospitals should include ability to perform minor surgeries, and a wider range of clinics, specialties and other services as determined by population need and the need for accessibility. Baseline services to be provided in the smallest of hospitals include: • An emergency department and special care units /monitored beds. • Blood services. • Laboratory, x -ray and ultrasound. • Ability to admit for both acute and complex continuing care in patients' home communities. • Diabetes programs, linked with family, physicians, mental health services and rehabilitation. • Palliative care close to home. • Rehabilitation. • Obstetrics close to home unless population demographics clearly indicate no need. • Services such as mammography and other diagnostics should be provided at least as visiting services (on mobile units) to small and northern hospitals, as a public non - profit service linked to or coordinated with hospitals. • Dialysis for stable patients and a chemotherapy /oncology program should be provided in the larger small hospitals, coordinated among hospitals where there is a cluster of nearby hospitals. In more remote areas they should be provided in every hospital. • The provision of minor surgeries, and simple geriatrics, internal medicine and pediatrics should be organized with a focus on accessibility, in tandem with other small hospitals where there are clusters of small hospitals nearby. • Similarly mental health services should be organized in coordination with other local hospitals, with a priority given to improving accessibility. 11 In the special case of northern hospitals that are more remote, surgeries, visiting surgical programs and specialties, the use of telemedicine and technological links, robust rehabilitation programs and access to allied health professionals should continue to be supported and provided along with development of improved addictions and mental health programs. 2. Set a provincial standard to measure access and assess capacity more meaningfully. The measure of accessibility should not measure distance simply from the door of one emergency department to the door of another. Many patients have already traveled significant distances to get to the door of the first hospital. A tool is needed that includes such factors as distance for the total catchment population of the hospital, population demographics and assessed need, transportation systems and road conditions. Further, careful attention to other local or regional hospitals' capacities must be included in planning decisions. Hospital cuts should not proceed if there is no capacity to meet need for services under the public health care system. 3. Create a provincial standard and a plan to provide at least baseline hospital services at optimum 20 minutes from residents' homes in average road conditions and at most 30 minutes from residents' homes in average road conditions. In the special case of the north, all existing hospitals should be maintained. A multi -year province -wide plan to develop baseline hospital services should be created. The panel heard that ambulance response times can be 30 — 45 minutes for traumas from car and farm accidents in rural areas. Thus, at optimum, baseline services should be 20 minutes from residents' homes in average road conditions, and, at most 30 minutes from residents' homes in average road conditions. This would allow ambulances access to a hospital emergency room within the critical "golden hour" during which the intervention provided in a local emergency department can save life and improve health outcomes. All the northern hospitals are needed and should be maintained along with the nursing stations. The medical centre on Pelee Island should be maintained. Shortages of physicians, nurses and other health professionals should not be used as an excuse to fail to plan to provide services for rural Ontarians. Where shortages imperil the ability to deliver on planned baseline services, service planning should move ahead with enhanced planning to supply and recruit health professionals to meet the service planning targets. 4. Step up efforts to train, recruit and retain nurses, health professionals, physicians and support workers in areas that are suffering from poor access to care. Severe shortages in some regions are creating a crisis in access to care and increasing costs. • The provincial government must intervene when disagreements between hospital managements and physicians threaten the loss of emergency and hospital services for entire communities. • Create emergency task forces for critically underserved areas first (including such localities as Shelburne, Hailybury and Minden) in partnership with municipalities, local physician recruitment committees, regional planning bodies and local hospital 12 management. Leverage the connections, knowledge, skills and resources of these groups to create and implement meaningful plans to alleviate shortages. • Build on the recent success at improving medical school enrollment in family medicine programs. Continue to increase space for medical school positions to meet population need for family physicians, coupled with medical school recruitment processes to encourage rural and northern applicants and those committed to family medicine and practices in rural and northern communities. • Continue and expand the work of Health Force Ontario and Ontario Medical Association programs that are providing better access through supporting recruitment and retention, mentorship, and locums. ■ Support hospitals in developing partnerships with medical and nursing schools to bring interns, residents and nurses to small hospitals. • Build upon the recent initiatives to improve the supply of nurses, including increasing spaces in educational institutions to meet standards of care, coupled with recruitment processes to encourage rural and northern applicants and those committed to practicing in rural and northern communities, and opportunities for clinical placements. • Actively promote the team of health care professionals including nurse practitioners and allied health professionals working to their scopes of practice, by creating or expanding funding mechanisms and support targeted first to those areas with severe access to care issues and those at risk of declining access. • Create clear planning targets for improving the supply of health professions. ■ Continue to support the northern nursing stations and nurse practitioners. • Recognize and celebrate the special skills and the vital contribution of rural and northern physicians, nurses and allied health professionals. • Support family physicians to continue to provide emergency department coverage. Do not use the lack of specialized emergency physicians to justify closure of local emergency departments. Support the creation of technological innovations to advance specialized training for local emergency room physicians. ■ Similarly, shortages of nurses should not be used as a justification to close hospital services. Instead planning should be undertaken to rectify shortages and maintain services. • Restore access to outpatient rehabilitation in local hospitals. 5. Revise current practices of closing complex continuing care beds and long term care beds in hospitals and provide stable accessible services to seniors. Care levels are inadequate to provide for chronic care patients in long term care homes. Patients end up back in emergency departments and their health can be irreversibly compromised. There are no dedicated complex continuing care hospitals in rural areas. Complex continuing care is a legitimate hospital service and should be appropriately funded and provided. The movement of long term care patients should only be allowed when there are adequate and appropriate placements available that are accessible to patient's communities (spouses, families and friends). Retirement homes should not be used to take hospital and long term care patients. 13 a. ACCESS TO CARE — LOCAL RECOMMENDATIONS 6. The provincial government must send an investigator under the provisions of the Public Hospitals Act to investigate serious complaints and unresolved issues in the Niagara Health System. • Issues regarding finances, human resources, management, quality and access to care in Niagara are among the most serious that we witnessed in Ontario. This panel supports the requests of the nurses, physicians, municipalities and MPPs who have called for a provincial investigator. • In addition to investigating the serious clinical, management and financial issues that have been raised, the investigator should conduct or set a process for the immediate review and evaluation of the impact of the service cuts and closures in Niagara. This review should include meaningful and accessible public input. A clear plan to improve access to emergency care, intensive care, and acute care should be established, with timelines for implementation. The process should be open and transparent. The proposals put forward by the municipalities deserve an answer. 7. The provincial government must intervene to restore urgent care and walk -in access to services in northern Muskoka (Burk's Falls and area) as an immediate priority. A review of the needs for continuing and palliative care should be undertaken. The Ministry should convene a meeting with the municipalities, the two LHINs, and the hospital to resolve questions of ownership of the facility and to forge a plan to restore access to care in this region. 8. The provincial government should immediately ensure that the hospital cuts in Cobourg are stopped. The hospital and LHIN should be directed to present a plan to resume the diabetes education clinic, outpatient rehabilitation and the hospital beds. This panel recognizes that the hospital is comparatively "efficient" and the issue is one of funding. The hospital should be directed to come up with a funding proposal to maintain services. 8. The provincial government must place a moratorium on closures of emergency departments . Local Health Integration Networks should be directed to stop the closures of local emergency departments, including those proposed for amalgamated hospitals. There is no appropriate assessment of capacity and policy to ensure reasonable access to urgent and emergent care in these regions and restructuring costs have not been assessed or approved. There is poor alignment of planning for capital redevelopment and proposed changes to services. Provincial policy and planning to meet baseline service targets and other safeguards for public access must precede further hospital restructuring. 14 11. GOVERNANCE Rebuild democratic, accountable governance with a realignment of accountability and responsibilities and improved oversight. 9. Restore proper provincial legislative decision - making powers and processes. Decisions to remove democratic rights, such as elected hospital boards, should not be made in secret, nor in an "ad hoc" way at the local level, but must clearly be subject to debate and decision of the provincial legislature. Similarly decisions to shrink the scope of public coverage by privatizing entire categories of hospital services such as physiotherapy and complex continuing care must be subject to proper parliamentary process, including clearly- stated, publicly - accountable legislative changes, debate in the legislature, and public hearings. Canada Health Act rights must be respected by the Province of Ontario. • Provincial legislation should embody the principles of the Canada Health Act. • Hospitals should be required to show cause, according to provincially -set standards, for removing or cutting existing services. The provincial government must retain decision - making power to approve such cuts before they are implemented. The public should be provided notice, access to documents, an ability to be heard and an ability to appeal proposals for cuts. • Proposed changes to the Public Hospitals Act should be preceded by broad public consultation including all stakeholders and communities in all regions of the province. 10. Phase out the LHINs within three years. At best the public considers LHINs to be expensive political buffer that lacks credibility. At worse, they are seen as corrupt or callous. This committee could find no evidence that the LHINs have improved access to care or coordination of care. The size and mandate of the LHINs are deeply flawed and LHINs have proven by their actions to be damaging to the small and rural. 11. Realign governance roles and responsibilities and restore political accountability for significant policy changes. ■ Replace LHINs with elected local planning bodies and regional ministry offices with regions smaller than the current LHINs. The mandate of these new planning bodies should be focused on improving access to care, improving service coordination, improving communications and facilitating linkages between health service providers, and building a continuum of care. Their mandate must include adherence to the principles of the Canada Health Act and clear provincial standards for access to and quality of care and transparency. They should measure and make recommendations to meet population need — including assessing population need for hospital beds and services - and have a strong mandate to support non - profit providers. They should share information on innovations and best practices with each other, the Ministry and the public. These democratic organizations should 15 make recommendations pertaining to their mandate to regional Ministry offices. They should be transparent with full public access to information. • Clearly separate provincial responsibilities and requirements from local planning body responsibilities and requirements. A publicly - accessible vision of health reform must be a responsibility and requirement of the provincial government. The responsibility for appropriate funding levels and final approval of service cuts should be held by the same level of governance. Since hospital funding flows from the provincial budget, it should remain the accountable responsibility of the provincial government. Improved provincial standards for access to care and planning processes should be developed. Similarly, nurse, physician and health professional supply issues are not locally - controlled and are necessarily a responsibility of the provincial government. Final approvals for cuts to or withdrawal of services must be made by the provincial government. • The current definition of "integration" in the LHIN legislation that includes centralization of services and forced amalgamations and dissolution of local non- profit health care providers must be abandoned. "Integration" should refer to improved service coordination, requirements to share information among providers and improve communication, improved continuity of care and the creation of a comprehensive continuum of care. • Decisions to close down local hospitals (including amalgamated and allied hospitals) should require cabinet approval. • Wholesale hospital restructuring — including multiple transfers of services, changes in the scope of services provided across regions and the province, and multiple closures of hospitals - should require provincial legislation with a clear mandate and clear powers and debate in the legislature, public hearings, a timeline, a process, financial accountability, and funding and support for restructuring costs. 12. Restore democratically- elected hospital boards. It is not a "best practice" in governance to remove public accountability, public access to information, open board meetings, a transparent board election process, and CEO accountability. Simply shutting out the public to force through hospital cuts is not a best practice. Ensure that hospital boards are elected and requirements for the needed mix of skills are consistent across the province and balanced with strong representation for patient and community voices. Municipalities should not be excluded from hospital boards. 13. Curb the powers and overuse of provincially- appointed hospital supervisors. Hospital supervisors should be used in limited circumstances only, as intended by the Public Hospitals Act, to deal with serious issues of misuse of public funds and governance break -down. This also applies to cases such as take -over by groups that oppose hospital services such as abortion or choices in end -of -life care. Hospital supervisors should not be granted open -ended terms of reference by cabinet. Supervisors should not go into a town to eradicate local voting memberships in hospital corporations in perpetuity, nor to create appointed boards in perpetuity. Supervisors should not be allowed to create new provincial hospital policy without proper parliamentary process. 16 14. Re- assess and reform hospital performance measures to restore the primacy of access to care and quality of care. Measures that help to protect access to services and quality of care need to be created. These should be considered at least as important as efficiencies and funding targets. Patient and staff complaints should be measured and monitored. In hospital reports, peer reviews and LHIN reports, many hospital performance measures neither adequately measure efficiency, nor do they protect the public interest in access to care, quality of care, sound governance and management practices. For example, simply measuring "throughput" and "average length of stay" (how fast a hospital gets patients in and out) can work against access and quality. The requirement for hospitals to continually bump up their standings (for example, lower average length of stay or numbers of beds) can mean a continually declining standard of care and a shortage of beds across all hospitals. This is neither efficient, nor a good measure of performance. Cutting budgets for "poor performers" hurts patients and cannot replace enforcement of clear provincial standards for quality care and sound management practices. 15. Consider and consult on the creation of an independent patient advocate or oversight of hospitals by the ombudsman. Many witnesses called for an independent body with the power to investigate patient and community complaints about hospitals. Several noted that the ombudsman should be free from political interference. Consideration should be given to the creation of an independent body or extension of the ombudsman's mandate with appropriate powers and resources to investigate and ensure responsiveness to patient and community complaints. 16. Align the infrastructure planning and hospital service planning oversight functions of the Ministry of Health. Costing for renovations entailed in restructuring must be done prior to movement of services. Significantly improved stability in services is required for efficient use of infrastructure and a stop to erratic and wasteful decisions. 17. Build processes that respect and involve staff in decision - making. Fiscal advisory committees with staff representatives should be functioning in all hospitals. Physician leadership positions must not be left vacant for years. Ban the practice of imposing gag orders on hospital staff and work to create a culture of tolerance and respect for staff input and opinions. Such debate may be uncomfortable at times, but it is necessary for sound decision - making and public accountability. 17 III. FUNDING: Control administrative costs and focus funding and resources on providing care. 18. Impose a hiring freeze on the use of consultants by the LHINs and curtail the use of consultants by the Ministry of Health. Create a plan, started prior to the next election to plan for and restore the capacity of the professional civil service to conduct planning and evaluation functions in an accountable way. 19. Place a moratorium on hiring PR firms and curb the use of communications programs in the LHINs. Health care dollars should not be used for political purposes. Communications programs should be limited to functions necessary to inform communities about services and gather public input for planning and evaluation purposes only. 20. Create policy that sets out clear expectations for transparency and public release of information. Hospital financial data and planning documents should not be withheld from the public who have built, paid for, and need our local hospitals. 21. Contracts involving public funds should not be veiled in secrecy and must be exempted from "commercial confidentiality" provisions. If the public cannot scrutinize the use of public money based on a notion of "commercial confidentiality" then private companies should not be involved in the sector. 22. Take real measures to contain exorbitant hospital executive costs and set reasonable expectations for remuneration. This cannot be done through new bonus systems. In many cases hospital executive salaries are in excess of ten times the average wage of the community and are increasing faster than can be justified by any measure. Executives are already handsomely recompensed for their services and do not need "bonus" systems to perform to expectations. Provincial policy makers should recognize that so- called performance measures that support cutting hospital services while giving bonuses to executives will stoke further public outrage. 23. Plan to increase hospital funding towards meeting the national average. Ontario funds our hospitals significantly less than other provinces. Rural communities, in particular, have experienced continual service cuts and instability as a result. According to Ontario Hospital Association figures, the Ontario government funds hospitals $194 less per person than the average hospital funding levels of other provinces. When tallied for the 13 million Ontarians, the aggregate total shortfall is $2.5 billion.' Ontario's patients are suffering from the decision to continue inadequate funding to their local hospitals' global budgets. 2 Ontario Hospital Association slide, "The Efficiency Dividend ", November 20, 2009. 18 MODIFY REQUEST Sue Hotte (External) Send e-mail to Reauestor Add Reauestor Add Attachment Printed On: 6/22/2010 11:32:22 AM by Dean lorfida - Clerk's Services REQUEST ID ENTERED BY CATEGORY CREATED ON 3315 Information Services - Web Master Other (Clerks) 6/16/2010 2:25:58 PM REQUEST INITIATED BY ADDITIONAL REQUESTORS FILE ATTACHMENTS CURRENT STATUS TIMELINE Assigned(Division) Click here to update Assignments Quick Close 7/1 Request Extension PROPERTY INFORMATION Add Property Information Entered By: Information Services - Web Master 6/16/2010 2:25:58 PM Dear Sir The Niagara Health Coalition would like to do a presentation June 28 on the Ontario Health Coalition's Report of May 17, 2010, Towards Access and Equality: Realigning Ontario's Approach to Small and Rural Hospitals to Serve Public Values - specifically addressing concerns regarding the Niagara region and Niagara Falls in particular and present a motion for Council to entertain. Thank you Sue Hotte co -chair Niagara Health Coalition REQUEST INFORMATION OFFICE OF THE DIRECTOR OF COMMUNITY AND CORPORATE SERVICES July 5, 2010 The Honourable Deborah Matthews Minister of Health and Long Term Care 10 Floor, Hepburn Block 80 Grosvenor Street Toronto, Ontario M7A 2C4 Dear Honourable Minister: CITY OF PORT COLBORNE Municipal Offices 66 Charlotte Street Port Colborne, Ontario L3K 3C8 CLERK'S JUL 13 2010 RE: Endorsement of Local Recommendations Contained in Ontario Health Coalition Report dated May 17, 2010 Please be advised that, at its meeting of June 28, 2010, the Council of The Corporation of the City of Port Colborne resolved the following, as amended: Yours truly, Encl. That the resolution received from the Town of Fort Erie Re Endorsement of Local Recommendations Contained in Ontario Health Coalition Report dated May 17, 2010, be received and supported. Please find enclosed a copy of the above - referenced resolution. Ashley Grigg City Clerk cc. Area Municipalities of Niagara K. Bain, Regional Clerk, Regional Municipality of Niagara R. Nicholson, MP Nicholson.Rfiuiparl.gc.ca D. Allison, Member of Parliament R. Dykstra, Member of Parliament T. Hudak, Member of Provincial Parliament J. Bradley, Member of Provincial Parliament K.Craitor, Member of Provincial Parliament P. Kormos, Member of Provincial Parliament D. Sevenpifer, CEO, Niagara Health System J. Gledhill, Chair, Local Health Integration Network P. Scholfield, People's Health Care Coalition Telephone: 905 835 -2900 Email: dccs(a portcolborne.ca Fax: 905 834 -5746 The Honourable Deborah Matthews Minister of Health and Long Term Care 10tt Floor, Hepburn Block 80 Grosvenor Street Toronto ON M7A 2C4 Honourable and Dear Madam: Legal & Legislative Services May 26, 2010 City of Port Colborne -IFS JUN - 2010 CORPORATE SERVICES DEPARTMENT Re: Endorsement of Local Recommendations Contained in Ontario Health Coalition Report dated May 17, 2010 At the Council meeting of May 25, 2010 the following resolution was passed respecting the above - referenced matter: WHEREAS the Ontario Health Coalition released its report on May 17, 2010 entitled "Towards Access and Equality: Realigning Ontario's Approach to Small and Rural Hospitals to Serve Public Values" on Small and Rural Hospital Services in Ontario, which resulted from hearings they conducted in 12 communities, including South Niagara, conducted by a panel of health care and health policy experts, and WHEREAS this report confirms the serious concerns expressed by Niagara municipalities in various resolutions passed by the Councils of Weiland. Fort Erie, Port Colborne, Niagara Falls, Pelham and Thorold, in reference to the effects of hospital restructuring under the Niagara Health System's Hospital Improvement Plan. and WHEREAS the leadership of the NHS the HNHB LHIN and the MOHLTC has not heretofore responded to these concerns, NOW THEREFORE BE IT RESOLVED by the Municipal Council of the Town of Fort Erie that it hereby endorses the following recommendations contained in the OHC Report under Section la. Access to Care — Local Recommendations: "6. The provincial government must send an investigator under the provisions of the Public Hospitals Act to investigate serious complaints and unresolved issues in the Niagara Health System. Issues regarding finances, human resources. management, quality and access to care in Niagara are among the most serious that we witnessed in Ontario. This panel supports the requests of the nurses, physicians, municipalities and MPP's who have called for a provincial investigator. In addition to investigating the serious clinical, management and financial issues that have been raised, the investigator should conduct or set a process for the immediate review and evaluation of the impact of the service cuts and closures in Niagara. This review should include meaningful and accessible public input. A clear plan to improve access to emergency care, intensive care, and acute care should be established, with timelines for implementation. The process should be open and transparent. The proposals put forward by the municipalities deserve an answer. 8. The provincial government must place a moratorium on closures of emergency departments. Local Health Integration Networks should be directed to stop the closures of local emergency departments, including those proposed for amalgamated hospitals. There is no appropriate assessment of capacity and policy to ensure reasonable access Mailing Address. Office Hour:, 8:30 a.m. to 5:00 p.m. Our Focus: Your Future The Corporation of the Town of Fort Erie Municipal Centre. 1 Municipal Centre Drive Fort Erie. Ontario. Canada L2.A 2S6 !'hone (905) 871-1600 Fax (905) 871 -41/2 Web-Site: V.00 w,1Orterie.on.ca /2 The Honourable' Deborah Matthews Ministry of Health and Long Term Care Page two to urgent and emergent care in these regions and restructuring costs have not been assessed or approved. There is poor alignment of planning for capital redevelopment and proposed changes to services. Provincial policy and planning to meet baseline service targets and other safeguards for public access must precede further hospital restructuring." THAT:The Minister of Health and Long Term Care be respectfully requested to appoint an investigator at the earliest opportunity to carry out the above referenced investigations, and further THAT:This resolution be circulated to all area municipalities and Region of Niagara for support and further that it be circulated to all area provincial and federal members, Niagara Health System and the HNHB LHIN. The Town of Fort Erie respectfully requests that you appoint an investigator at the earliest opportunity to carry out the investigations referenced in the resolution. We thank you for your attention to this matter which is very important to our community and to others in Niagara. Yours e iry truly, C :o n J: - Tett, A.M.C.T., ■ - Town Clerk cket t(aforterre, o, CJK/ dik c.c. Niagara Area Municipalities K. Bain, Clerk. Regional Municipality of Niagara Via email: kbain'uniagarar gion.ca The Honourable Rob Nicholson, MP Nichniscm.Krjarl.gc.ca Dean Allison, MP Allison.Dtir.:parl.gc.ca Rick Dystra, MP Dvktra. %ritparl.gc.ca Tim Hudak, v1PP Urn. hudakccX The Honourable James Bradley, MPP jbradlcv .mpp.c.o,ci'liberal.ola.org I<im Craitor, MPP kcraitor .mpp.colidibcral.ola.org Peter Kormos, MPP pkormos•gpla:ndp.on.ca Debbie Sevenpifer, CEO, NHS Fax: 905- 323 -3800 Juanita Gledhill, Chair, LHIN Fax: 905 -995 -1992 S. Salzer, Yellow Shirt Brigade isaizerl,ri- .cogeco,ct_a_ R. Wilson, GM, CGDC PD- 2010 -60 NiagaraFalls July 19, 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 -60 26T -11- 2010 -02 & AM- 2010 -012 Deerfield Estates Phase 9 Draft Plan of Subdivision Zoning By -law Amendment Application Kalar Road (West Side), South of Lundy's Lane Owner: River Realty Development (1976) Inc. (Stewart Branscombe) RECOMMENDATION 1. That the Deerfield Estates Phase 9 Plan of Subdivision be draft approved subject to the conditions in the attached Appendix. 2. That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged. 3. That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and granted by Council. 4. That the application to amend the Zoning By -law be approved as detailed in this report to provide the necessary land use regulations to guide the development of the subdivision, subject to the application of a holding (H) symbol to the easterly portion of the subdivision to secure stormwater management facilities and a Record of Site Condition for part of Block 210. 5. That the Mayor and City Clerk be authorized to execute the Subdivision Agreement and any required documents to allow for the future registration of the subdivision when all matters are addressed to the satisfaction of the City Solicitor. EXECUTIVE SUMMARY The applicant has requested approval of a draft plan of subdivision and a zoning amendment to permit the development of a subdivision with 207 single detached lots and 4 blocks for multiple unit residences. This request can be supported because: the proposal complies with Provincial and Regional policies with respect to providing compact development in greenfield areas; July 19, 2010 - 2 - PD- 2010 -60 the proposal complies with the Official Plan with respect to the location of higher density residential developments and with the Garner Neighbourhood Secondary Plan in terms of housing mix; and, • the plan of subdivision will provide a logical extension to previous phases of Deerfield Estates. The conditions of approval are listed in the Appendix. BACKGROUND Proposal An amendment is requested for land holdings totalling 16.4 hectares (40.5 acres) in the area on the west side of Kalar Road, south of Lundy's Lane (see Schedule 1). The applicant proposes to subdivide the 16.4 hectare site into 207 lots for single detached dwellings and 4 blocks for townhouse dwelling units and apartment dwelling units (between 145 and 199 units). Schedule 2 illustrates the design of the subdivision. A zoning by -law amendment application is being processed concurrently with the subdivision application. The land is currently zoned Development Holding (DH) by Zoning By -law No. 79 -200. The portion of the land that is intended to be developed for single detached dwellings is requested to be zoned Residential Single Family 1 E Density (R1 E). A portion of the lots are proposed to be zoned with site specific regulations to allow reduced lot areas, lot frontages and side yard widths, an increase in lot coverage and to add a requirement for an attached garage. The multiple unit blocks are requested to be zoned site specific Residential Low Density, Grouped Dwellings (R4), Residential Apartment 5B Density (R5B) and Residential Apartment 5C Density (R5C) zones establishing minimum residential densities. The requested zoning would permit Blocks 208 and 209 (adjacent to Kelsey Crescent) to be developed with townhouse dwelling units with increased lot coverage and reduced side yard widths and Blocks 210 and 211 (the two northerly blocks fronting onto Kalar Road) to be developed with apartment dwellings from 3 to 6 storeys in height. Regulations are also requested to permit a retirement home with a special parking requirement on Block 211. Surrounding Land Uses The Deerfield Phase 8 Plan of Subdivision, which is now registered and is being developed with dwellings, lies to the south. Single detached dwellings are located on the east side of Kalar Road. Vacant lands intended for future residential development lie to the west. Commercially designated lands lie to the north, fronting onto Lundy's Lane. While some of these commercial Tots are fully developed, some are partially developed or vacant. Neighbourhood Open House A neighbourhood open house was held on May 26, 2010 and was attended by the developer, City staff and 4 residents. The residents present expressed concerns about the apartment dwelling blocks along Kalar Road and stated they preferred these blocks to be located further west, well within the subdivision. There were also concerns expressed about the traffic on Kalar Road and the impact if Street "A" and Block 211 are allowed to July 19, 2010 - 3 - PO- 2010 -60 exit onto this street. In addition, there were concerns about stormwater management for this subdivision. It was noted that there are already stormwater impacts on the system south of the Deerfield area. ANALYSIS /RATIONALE 1. Provincial Policy Statement and Growth Plan Provincial policies require greenfield areas, such as the subject Secondary Plan Area, to be developed in a compact urban form. To this end, the Region has directed that greenfield areas in the City are to be built at a density of 53 persons and jobs per hectare. The subdivision complies with these densities and represents an efficient use of residential land and urban services. The Region is satisfied the plan is consistent with Regional and Provincial policies and has no objections to its approval. 2. Official Plan and Garner Neighbourhood Secondary Plan The Official Plan designates the land Residential. Residential lands are intended to be developed with a variety of housing forms. A compatible mix of dwelling types, lot sizes and densities is promoted by the Official Plan to provide a full range of housing opportunities to meet the needs of all residents. Higher density developments such as apartments are directed to lands that have access to the arterial road system to minimize traffic impacts on local streets and take advantage of transit routes. To support commercial developments lands adjacent to commercial districts can be developed with apartments between 4 and 6 storeys in height up to a density of 100 units per hectare. The subdivision proposes various lot sizes for single- detached homes, 2 blocks for townhouses and 2 blocks for apartments. One of the apartment blocks may be developed for a retirement home, providing further housing choices. The apartment blocks are readily accessible from an arterial road in close proximity to commercially designated lands, as directed by the Official Plan. The combination of the separation provided by Kalar Road along with on -site yard setbacks and coverage restrictions provides a setback from dwellings on the east side of Kalar Road and dictates the construction of buildings with a slender profile facing onto Kalar Road. These measures should assist in mitigating the impact on residences along the east side of Kalar Road. The subdivision will be compatible with the existing and future surrounding uses. The application satisfies the general intent of the Garner Neighbourhood Secondary Plan. A housing mix target of 70% single /semi - detached units and 30% multiple residential units is specified for the Garner Neighbourhood. The subject plan proposes a housing mix of 59% single units and 41% multiple units which is above the targets in the Secondary Plan. The plan also avoids any reverse lot frontage lots along Kalar Road as directed by the Secondary Plan. The location of a new collector road (Street "A ") is in accordance with the Secondary Plan road network. July 19, 2010 3. Subdivision Design - 4 - PD- 2010 -60 The subdivision is served by a new east/west collector road (Street A) extending west off of Kalar that provides future access to lands beyond the western boundary of the subdivision. Two collector roadways (Parkside Road and St. Michael Avenue) and a local street (Kelsey Crescent), established in previous Deerfield Estates phases, will all terminate with the new collector road. As the lands to the north are commercial lands intended to be accessed from Lundy's Lane, there are no road connections northward. Parking restrictions will be placed on Kelsey Crescent and the cul -de -sac to ensure adequate fire access. The lot sizes will be compatible with other lots in the neighbourhood. Parkland requirements were addressed through the original Deerfield subdivision. Sidewalks are to be provided in accordance with standard municipal practice. 4. Stormwater Management The westerly portion of the plan of subdivision (84 single detached Tots) is within the Beaverdams Creek watershed area. Stormwater in this area is to be directed to stormwater facilities in the Edgewood Estates Plan of Subdivision. The balance of the subdivision is within the Warren Creek watershed area. Stormwater in this area is to be serviced by facilities to be constructed or upgraded in the future. The lots and blocks within this Warren Creek watershed area (including Lots 17 to 131 inclusive, Lots 156 to 163 inclusive and Blocks 208 to 211 inclusive) should be subject to a holding (H) symbol until the necessary stormwater facility upgrades are completed. 5. Zoning By -law Amendment The standard Residential Single Family 1 E Density (R1 E) zone has been requested for 58 of the single detached lots. This zone has the appropriate provisions to guide the development of these lots. A site specific R1 E has been requested for 149 of the smaller single detached lots. The requested reduction in lot sizes (from 370 square metres to 320 square metres for an interior lot and from 450 square metres to 400 square metres for a corner lot) and a reduction in lot frontage (from 12 metres to 10 metres for an interior lot and from 15 metres to 12 metres for a corner lot) will promote compact development and assist in meeting density targets. To facilitate development on the smaller lots, the applicant has requested a number of site specific provisions. Interior side yard widths are requested to be reduced from 1.2 metres to 0.9 metres for a one - storey, split level or 1 1 /2 storey dwelling and from 1.8 metres to 1.2 metres for a 2- storey dwelling, and exterior side yard widths for all dwellings are requested to be reduced from 4.5 metres to 3 metres. Maximum lot coverage is proposed to be increased from 40% to a maximum of 45% of the total lot area. It is also requested that the dwellings be required to have attached garages to provide a higher quality of development. Similar standards have been established for some of the lots in earlier stages of Deerfield Estates. July 19, 2010 - 5 - FINANCIAL IMPLICATIONS PD- 2010 -60 A site specific Residential Low Density, Grouped Multiple Dwellings (R4) zone is requested for the 2 townhouse dwelling blocks (Blocks 208 and 209). The applicant has requested apartment dwellings (typically permitted in an R4 zone) be removed as a permitted use, limiting the use to townhouse dwellings and group dwellings (2 or more townhouse dwelling blocks). To ensure density targets are met, the applicant is also requesting a density range from 25 units per hectare to 50 units per hectare be provided on these blocks. This density has been achieved in other townhouse developments in the City and will allow for a variety of design options. The applicant is requesting a reduction in side yard setbacks from one -half building height to 1.8 metres and an increase in maximum lot coverage from 35% of the lot to 40% to provide design flexibility. As the requested standards are reflective of standards typically applied to single detached dwellings, no impacts on surrounding lots are expected. The requested zoning will assist, along with requested zoning for the adjacent apartment blocks, in providing a variety of housing types to residents The site specific Residential Apartment 5B Density (R5B) zone requested for Block 210 would permit the development of an apartment dwelling with 58 to 65 units. To ensure density targets are met it is necessary to impose a minimum density of 66 units per hectare on this Block and Block 211. The density would be similar to that achieved for the Bethlehem Place development to the south. The applicant has also requested an increase in building height from 10 metres to 12.5 metres to achieve a pitched roof design. The pitched roof will be in character with the dwellings in the neighbourhood and is acceptable. The apartment dwelling should be required to provide this pitched roof to ensure the apartment dwelling is kept to 3 storeys. The site specific Residential Apartment 5C Density (R5C) zone requested for Block 211 would permit the development of an apartment dwelling or a retirement home up to 6 storeys in height with between 54 and 80 units. As the Official Plan allows consideration fo buildings up to 8 storeys in height on adjacent commercial lands the proposed zone provides for a gradation of building heights from north to south. Existing zone provisions will provide yard setbacks to assist in mitigating impacts on surrounding properties. Permitting a retirement home would allow some flexibility in providing development options to serve the needs of residents. The requested parking standard of 0.65 units per living unit in a retirement home is consistent with standards applied to other retirement homes in the City. As the applicant is dedicating the necessary road widening along Kalar Road to meet future needs the road widening provisions contained in the by -law can be relieved. A small portion of Block 210 is owned by the City and is to be transferred to the applicant in exchange for road widening dedications along Kalar Road. This block of land was once used by Niagara Falls Hydro for a transformer. Provincial policies and the City's Official Plan require the completion of a Record of Site Condition. Therefore, this block of land should be subject to a holding (H) provision, which can be lifted once the Record of Site Condition has been completed. The proposed development will generate development charge contributions for the City. July 19, 2010 CITY'S STRATEGIC COMMITMENT The proposed subdivision complies with the City's Official Plan in terms of its residential policies. LIST OF ATTACHMENTS ► Schedule 1 - Location Map ► Schedule 2 - Subdivision Plan Recommended by: Respectfully submitted: - 6 - PD- 2010 -60 &NJ denthi) Alex Herlovitch, Director of Planning, Building & Development K Todd, Chief Administrative Officer A.Bryce:mb S:\PDR\2010 \PD- 2010 -60, 26T -11- 2010 -01 & AM- 2010- 012,Deerfield Estates Phase 9 Draft Plan of Subdivision.wpd July 19, 2010 - 7 - SCHEDULE 1 PD-2010-60 Sub lea Land LOCATION MAP Amending the Zoning By-law No 79-200 Location: West Side of Kalar Road South of Lundy's Lane Applicant: River Realty Development (1976) Inc. 26T-11-2010-02 and AM-2010-012 July 19, 2010 - 8 - PD-2010-60 STREET July 19, 2010 - 9 - PD 2010 - 60 Conditions for Draft Plan Approval APPENDIX 1. Approval applies to the Deerfield Estates Phase 9 Draft Plan of Subdivision prepared by Upper Canada Consultants, dated June 7, 2010, showing 207 Tots for single - detached dwellings, 2 Blocks for townhouse dwellings and 2 Blocks for apartment dwellings or a retirement home. 2. The developer enter into a registered Subdivision Agreement with the City to satisfy all requirements, financial and otherwise, related to the development of the land. Note: Should any other body wish to have its conditions included in the Subdivision Agreement, they may be required to become party to the Subdivision Agreement for the purpose of enforcing such conditions. 3. The developer submit a Solicitor's Certificate of Ownership for the subdivision land to the City Solicitor prior to the preparation of the Subdivision Agreement. 4. The subdivision be designed and constructed in accordance with City standards which, in part, includes the following: (a) roadway pavement widths to municipal requirements; (b) dedication of daylighting triangles with 7 metre legs at the intersection of Kalar Road and Street "A" and 5 metre legs at all other intersections; (c) dedication of the road allowances to the City as public highway, and the streets named to the City's satisfaction; (d) dedication of a 3 metre road widening (Blocks 212 and 213) to the City along the west side of Kalar Road abutting the plan; (e) provision of water distribution, sanitary sewer and storm sewer systems in accordance with the Engineering Standards Manual 2010 as amended; (f) weeping tile flow to be directed to the storm sewer by use of sump pumps; (g) provision of an overland stormwater flow route; and (h) application of the City's Lot Grading and Drainage Policy in accordance with the Engineering Standards Manual 2010 as amended. 5. The developer dedicate a 0.3 metre reserve to the City at the west limit of Street "A" (Block 215) and dedicate 0.3 metre reserves on any other streets that may be dead ended as a result of staging subdivision registrations. 6. The City dedicate the existing 0.3 metre reserves at the north limit of Kelsey Crescent, Parkside Road and St. Michael Avenue (Blocks 66 and 68, 59M -354 and Block 256, 59M -366) as public highways. 7 The developer construct sidewalks to City standards on both sides of Parkside Road, St. Michael Avenue and Street "A ", on the east sides of Kelsey Crescent and Street "C ", on the Street "B" frontage /flankage of Lots 195 -207 inclusive, on the Street "D" frontage / flankage of Lots 43, 64 -87 inclusive and 148 -156 inclusive and on the west side of Kalar Road (no sidewalk is required on the cul -de -sac bulb). 8. The developer provide speed control devices along "Street A" to the satisfaction of the City. July 19, 2010 - 10 - PD- 2010 -60 9. The developer submit a Geotechnical Report prepared by a soils consultant to the City for review and approval. 10. The developer submit servicing plans showing road widths /curb radii to Fire Services for review and approval. 11. The developer demonstrate to Fire Services' satisfaction that adequate water supply for fire fighting purposes is available and accessible with sufficient volume and flow to facilitate fire fighting operations. 12. That the applicant provide a plan to Fire Services satisfaction illustrating the location of firebreak lots, and that a clause be put into Subdivision Agreement prohibiting the issuance of a Building Permit on a firebreak lot until such time as the exterior finish cladding roofing and windows on buildings abutting the firebreak Tots have been completed. 13. That parking restrictions be imposed to Fire Services satisfaction prohibiting parking on both sides of roadways with an asphalted width of less than 8 metres and on one side of roadways with an asphalted width of less than 9.15 metres. 14. The developer pay the Development Charges in force at the time of execution of the Subdivision Agreement. 15. The developer grant the City and Public Utilities any easements required to service the subdivision. 16. The developer contribute funds to provide boulevard trees in accordance with City policy. 17. The developer receive final approval from the City to the zoning by -law amendment to provide land use regulations to guide the development of the subdivision. 18. The developer provide three calculated plans and a letter prepared by an Ontario Land Surveyor to Planning & Development confirming that all Tots comply with the Zoning By -law. 19. The developer provide five copies of the pre- registration plan to Planning & Development and a letter stating how all the conditions imposed have been or are to be fulfilled. 20. The developer is hereby advised that prior to commencing any work within the Plan, the developer must confirm that sufficient wire -line communication /telecommunication infrastructure is currently available within the proposed development to provide communication /telecommunication service to the proposed development. In the event that such infrastructure is not available, the developer is hereby advised that the developer may be required to pay for the connection to and /or extension of the existing communication /telecommunication infrastructure. If the developer elects not to pay for such connection to and /or extension of the existing communication /telecommunication infrastructure, the developer shall be required to demonstrate to the municipality that sufficient alternative communication /telecommunication facilities are available within the July 19, 2010 -11 - PU- ZU1U -eU proposed development to enable, at a minimum, the effective delivery of communication /telecommunication services for emergency management services (ie. 911 Emergency Services). 21. The developer include in all offers of purchase and sale, a statement that advises the prospective purchaser that the home /business mail delivery will be from a designated Centralized Mail Box (CMB) and that the developer will be responsible for officially notifying the purchasers of the exact CMB locations prior to the closing of any home sales. 22. The developer satisfy all requirements of Canada Post regarding temporary Centralized Mail Box locations, engineering servicing drawings, installation and providing mail service information to property owners. (Note: The owner /developer is required to provide the centralized mail facility at their own cost for buildings and complexes with a common lobby, common indoor or sheltered space). 23. The developer provide Enbridge Gas Distribution Inc. with a composite utility plan approved by all utilities that allows for safe installation of all utilities, including required separation between utilities, and streets be constructed in accordance with the composite utility plans. 24. The developer grade all streets to final elevation prior to installation of the gas lines and provide Enbridge Gas Distribution Inc. with the necessary field survey information required for installation of gas lines. 25. The developer provide Enbridge Gas Distribution Inc. with the necessary easements if any gas lines need to be installed outside of the proposed road allowances. 26. Within 60 days of draft plan approval, the developer acknowledge that draft approval of this subdivision does not include a commitment of servicing allocation by the Regional Municipality of Niagara as this servicing allocation will be assigned at the time of final approval of the subdivision for registration purposes. 27. Within 60 days of draft plan approval, the developer provide the Regional Development Services Division with a written undertaking that all offers and agreements of purchase and sale, which may be negotiated prior to registration of this subdivision, shall contain a clause clearly indicating that a servicing allocation for this subdivision will not be assigned until the plan is granted final approval for registration, and a similar clause be inserted in the subdivision agreement between the developer and the City of Niagara Falls. 28. The design drawings for the water, sanitary sewer and stormwater drainage system required to service this plan be submitted by the developer to the Regional Development Services Division for review and approval. Note: Any stormwater management scheme proposed for this development will require the direct approval of the Ministry of the Environment (Approvals Branch, Toronto). 29. Prior to final approval of the subdivision for registration, Ministry of the Environment Certificates of Approval to the satisfaction of the Regional Development Services Division for the necessary servicing (watermains, sanitary sewers and storm sewers) for the development shall be obtained. July 19, 2010 -12 - PD- 2010 -60 30. The developer comply with any applicable Regional policies relating to the collection of waste to the satisfaction of the Regional Development Services Division and the developer shall ensure that all streets and development blocks can provide through access. Where no through access can be provided, a cul -de -sac with a minimum finished road radius of 12.8 metres at the end of the roadway must be provided. 31. Prior to approval of the final plan or any on -site grading, the developer submit to the Regional Development Services Division, for review and approval, two copies of a detailed stormwater management plan for the subdivision and the following plans designed and sealed by a suitably qualified professional engineer in accordance with the Ministry of the Environment documents entitled Stormwater Management Planning and Design Manual, March 2003 and Stormwater Quality Guidelines for New Development, June 1991: ■ ■ a) Detailed lot grading, servicing and drainage plans, noting both existing and proposed grades and the means whereby overland flows will be accommodated across the site; and b) Detailed erosion and sedimentation control plans. Note: The Region will request that the Niagara Peninsula Conservation Authority reviewthe updated stormwater management plan and other related materials on the Region's behalf and submit comments to the Regional Public Works Department regarding the approval of these plans and the subsequent clearance of related conditions by Regional staff. 32. The Subdivision Agreement between the developer and the City of Niagara Falls contain provisions whereby the developer agrees to implement the approved stormwater management, erosion and sedimentation control measures required in accordance with Condition 23 above. 33. The owners conduct an archaeological assessment of the property and mitigate, through preservation or resource removal, adverse impacts to any significant archaeological resources found. No demolition, grading, or other soil disturbances shall take place on the subject property prior to the issuance of a letter from the Ministry of Culture and the Region to the City of Niagara Falls indicating that all archaeological assessment or mitigation activities have met licencing and resource conservation requirements. NOTE: A copy of the archaeological assessment report is to be submitted to the Regional Development Services Division for information. Clearance of Conditions Prior to granting approval to the final plan, Planning & Development requires written notice from applicable City Divisions and the following agencies indicating that their respective conditions have been satisfied: Bell Canada for Condition 20 Canada Post for Conditions 21 and 22 Enbridge Gas Distribution Inc. for Conditions 23, 24 and 25 Regional Municipality of Niagara for Conditions 26 to 33 inclusive Mayor and Members of Niagara Falls City Council June 29 2010 My husband and I, as residents of 6050 Kalar Rd for many years wish to express our concerns with Zoning Bylaw amendment File # AM 2010 -012 on the west side of Kalar Rd, south of Lundy's Lane as proposed currently by the applicant. We are not in opposition of the lands being developed residentially but are not in favor of the submission as proposed. We attended the recent pre public meeting and spoke to the applicant and planning staff, In speaking to planning staff today, June 2$" we were informed the applicant wishes to proceed with the plan as submitted, which we do not support. We asked the applicant if he could relocate the apartment blocks off Kalar Rd and respect the single family, well maintained larger lots sizes and insert single fancily or townhouse development instead. His reply was it is City policy to locate apartment buildings on the frontage of arterial and collector roads. Suffice to say that in one breathe he uses policy to support his plan but in the next breathe remains silent in that he is requesting policy be amended to allow for reduced lot coverage requirements and setbacks so as to allow for the creation of more lots, thereby maximizing the developers revenue, unless of course, the plan is to pass those `savings' onto future purchasers. In fact our request can be supported by City policy. The policy cited; 1.13.1 states, `the character of existing neighborhoods within the Built- up area shall be retained.' This section goes on to state that new and infill development shall blend into the existing lot fabric, strectscape and built form of the neighborhood. Well, 3 to 6 storey apartment buildings are NOT in conformity with the developed portion of this section of Kalar Rd. The entire street across from the development is comprised of single family one or one and half story homes on larger residential lots. Going from larger single family lots directly to 6 story apartments is contrary to the city's policy. Section 1.13.2 states, sufficient separation should occur to ensure complementary uses and gradation. This we contend is better achieved if the proposed apartment blocks are re- located off Kalar Rd and to the back of the property and adjacent to the current commercial properties on Lundy's Lane. This is common throughout the Region and Province to have development occur this way. In fact planning doctrine often states gradation of building forms should be from single- family, to semi and townhouse buildings, to walk up apartments, then to high rise or commercial properties. This, we offer can be achieved in this plan with little redesign and in conformity with the city's policy and still achieve the densities the developer and city may wish and appease the existing residents, many who have been there for more than 30 years. RECEIVED JUN 2 y 2010 PLANNING & DEVELOPMENT The developer quotes city policy to support his location of the apartment blocks but the actual wording of the policy states, "should generally be..." and does not say SHALL BE. I assume it is written this way as to allow for common sense exceptions that may occur, such as we contend, is the situation here. Council, it would appear could determine to relocate the apartment blocks off Kalar Rd and not be in violation of policy and can in fact find support to do so in their policies. We also contend that better orientation for higher density development should be oriented as far as possible towards Lundy's Lanc to help better meet the city's policy of better utilization of public transport. It would stem that Lundy's Lane is likely to provide a higher level of public transportation than Kalar Rd and in that regard consideration needs to be designed into the current plan to allow for pedestrian access to Lundy's Lane. This can be achieved in the future when an existing property on Lundy's Lane is ready to redevelop. If it is not included and considered now, it will be much more difficult to achieve the stated city's goals of encouraging better access and higher usage of public transportation. A quick review of sections 1.7, 1.9 and 1.13 should provide ample support for both relocation of the proposed apartment blocks and if they remain on Kalar support for the reduction in height to a maximum of 3 storeys. In summary we request Council locate the apartment blocks as we have proposed and should for whatever reason that not happen and they remain on Kalar Rd then a 3 storey height limit be placed on them. We firmly believe that with some consideration given to the EXISTING residents that a win -win situation could occur. The developer and city can achieve the densities it wishes to achieve and the existing residents can have a more compatible development adjacent to them. We thank you in advance for your sincere consideration and respect of your current and existing residents. Deby and Barry O'Connor 6050 KALAR Rd Niagara Falls Wednesday June 9, 2010 Att: City Planning & Development Division Re: River Realty Development on the west side of Kalar Rd. south of Lundy's Lane In response to notification sent to us in the mai regarding this proposed development. My husband and I have lived at 6050 Kalar Road for thirtyfive years. When we purchased our house here we felt like we had the best of both worlds, being in the country but with full city amenities. We were realistic enough to know that eventually this land would be developed and that changes would happen. When River Realty donated land to Bethlehem Place and they had to apply for re- zoning; my husband and I were concerned and about this for two reasons. One was a concern for having a transitional residence that requires 24 hour security in our area, and the other was a strong belief that once re- zoning was allowed for this multi -level building it would set a precedence for the rest of the land to be developed on Kalar Road. And this is exactly what is happening. What I see on the development plan for the proposal is they will be building a number of 3 -6 story buildings across the street from us and this is unacceptable for our neighbours and ourselves. Why can't these multi- level buildings be located in the back of the development; and leave what aesthetic appeal our neighbourhood has left. River Realty has come in and cut down all the trees that existed along Kalar Road, trees that took years to grow and now they want to place high rise buildings in their place; this is a travesty. I will never get to watch a sunset go down as that will be blocked by towering brick buildings; we will have to deal with more traffic which already has become a huge problem for residents on Kalar. Trying to get out of my R_ANNIIJG & DEVELOPMENT driveway at any time is a challenge. A problem that will only escalate with this new phase added. As well, the city will be expanding our road to 4 lanes, which will result in us losing 20 feet of land on our side of the street. Land that we have invested our hard work and hard earned money into. Why could this have not been taken from the other side of Kalar? It seems to us that all consideration is given to the developers and their project; and no consideration at all to the long time residents; many of us over 30 years. Right now, we residents are the only ones that are making concessions. We know that the development will happen no matter what is said here today. However, we are only asking for some consideration from the Planning Department, in hopes that it will look at alternative locations for these multi level buildings to be located in the development. The residents of this neighbourhood have always worked hard to make this a beautiful area in this city in which to live; and by allowing this development plan to have buildings towering over our properties, feels like an unjust waste and a slap in the face for all of our hard work in maintaining our homes for decades. Sincerely Barry & Deby O'Connor `b e a- n n c.. R- C k e.1(b c a o2 ( LM 12-b � Q ), c care € +G - 4 - s 1 'e r core,, 1 cytr `� me. (`. s c his o +1ri I S r �, Niagara July 19, 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 -58 AM- 2010 -007, Zoning By -law Amendment Application 6158, 6174 and 6180 Main Street Applicant: Napev Construction Limited Agent: Uri Salmona, Salmona Tregunno Architects Proposed 30 Unit Townhouse Development RECOMMENDATION PD- 2010 -58 1. That Council approve the application to rezone the land to a site specific Residential Low Density, Grouped Multiple Dwellings (R4) zone to permit the land to be developed for 30 townhouse dwelling units with a holding (H) symbol to require the completion of any necessary environmental site assessments and compilation of a Record of Site Condition. 2. That Council pass a by -law to deem Part of Lots 14 and 15, Plan 268 Village of Niagara Falls and Lots 20, 21 and 22 and Part of Lot 19, Plan 653 Village of Niagara Falls to no longer be within the registered plans of subdivision. EXECUTIVE SUMMARY The applicant has requested a zoning amendment to permit a townhouse project to be developed on the property which was formerly used as a Coca -Cola bottling plant. This request can be supported because: • Provincial policies encourage land use intensification and the reuse of brownfield sites for compatible housing, provided the necessary environmental studies are completed. • The Official Plan permits surplus commercial lands to be considered for residential development. • The townhouse project is an appropriate transitional use between the commercial district to the north and lower density housing to the south. • The proposal will be compatible with surrounding development and will support the Main and Ferry Commercial District. • The subject lands will be able to be treated as one parcel for zoning purposes once the deeming by -law is registered. July 19, 2010 - 2 - PD- 2010 -58 BACKGROUND Proposal An amendment is requested for 0.69 hectares (1.7 acres) of land being 6158, 6174 and 6180 Main Street (see Schedule 1). The applicant is requesting a 30 unit townhouse development be permitted on the land. The lands are currently zoned General Commercial (GC), in part, and Residential Apartment 5B Density (R5B), in part. Neither of these zones permit the proposed development. The applicant is requesting the land be rezoned a site specific Residential Low Density, Grouped Multiple Dwellings (R4) zone to permit the development. Site specific provisions are being sought to develop the number of units proposed; reduce required lot frontage to 27 metres; increase the building height to 12 metres; reduce front, side and rear yard setbacks to 5 metres, 1 metre and 5 metres respectively; and reduce privacy yard depths to 4.5 metres to permit the design of the development. In addition, a site specific parking standard of 2 parking spaces in tandem per unit is being sought. Refer to the attached Schedule 2 for further detail. Site Conditions and Surrounding Land Uses The site was formerly occupied by a Coca -Cola bottling facility. The buildings have since been demolished and the site cleared. The land is bounded mainly by single detached dwellings to the north -east, the Grey - Robinson Neighbourhood Park to the east, a mix of single detached dwellings, low rise apartment dwellings, a church and a bed and breakfast to the west and south and vacant lands and commercial uses to the north. Circulation Comments Information regarding the proposed Zoning By -law Amendment was circulated to City divisions, the Region and the public for comment. The following summarizes the comments received to date: Regional Municipality of Niagara The proposal is consistent with Provincial and Regional policies. As the land was formerly used for industrial purposes and is now proposed to be developed for residential purposes, a holding (H) symbol should be placed on the land until the necessary Environmental Site Assessment work is completed and a Record of Site Condition is filed. The current site design does not comply with design criteria for Regional waste collection. If no alternative layout is possible, the site will need to be serviced by a private contractor. • Transportation Services - No traffic concerns with the proposed entrance. A traffic impact study is not required. The site is serviced by several transit routes. July 19, 2010 - 3 - PD- 2010 -58 - At the site plan stage a 1.52 metre road widening dedication along the Main Street frontage of the lands will be required. The development will need to demonstrate that private waste disposal vehicles can navigate the site. ANALYSIS Municipal Works No objections. There are adequate sanitary sewer and water services for the development. As only a combined sewer services this area, storm water run- off will need to be restricted to pre - development rates. Parks and Recreation No objections. The proposal does not appear to impact on the adjacent Grey- Robinson Neighbourhood Park. Further review of landscaping, buffering and streetscaping will occur at the site plan stage. Cash -in -lieu of parkland dedication will be applicable. Legal Services, Fire Services, Building Services No objections. Public submissions One written submission was received by the public which noted concerns about the stability of the land for the proposed development. Neighbourhood Open House A neighbourhood open house was held on May 26, 2010. The applicant presented two preliminary proposals, a townhouse complex and a complex consisting of two 6 storey apartment buildings with 71 units. About 10 residents were in attendance. Concerns were expressed about the appropriateness of the mid -rise apartment complex in a neighbourhood comprised of low rise buildings. The majority of people present did not object to the townhouses but noted that to preserve on- street parking there should not be individual access to townhouse suites from Main Street. A couple of residents expressed concerns about the access to Robinson Street, stating that this would lead to increased traffic on Robinson Street and Ross Avenue. 1. Provincial Policy Statement The Planning Act requires City planning decisions to comply with Provincial Policy. The Provincial Policy Statement directs municipalities to facilitate different forms of residential intensification and promotes the redevelopment of brownfield areas, such as the subject site, to help meet intensification targets. The proposed townhouse development is a form of residential intensification promoted by the Province. July 19, 2010 2. Official Plan 3. Zoning By -law - 4 - PD- 2010 -58 The property is designated Minor Commercial, in part, and Residential, in part, by the Official Plan. Although Minor Commercial lands are intended to be developed primarily for commercial purposes, the Official Plan allows the use of such lands for residential purposes if they are surplus to commercial needs. Residential areas are intended to be developed with a range of housing types. Sites adjacent to Minor Commercial districts may be considered for multiple unit housing up to 6 storeys in height and up to 100 units per hectare in density. The proposed townhouse development complies with the Official Plan as follows: The subject lands are not required for future commercial development. Commercial uses the Historic Drummondville area are directed north of Robinson Street and Culp Street. As such, the lands are surplus to the City's inventory of commercial lands and should be developed for housing. Additional housing units would provide a larger market for the commercial uses in the area. The density of the project (43 units per hectare) is within the range contemplated by the Official Plan for lands in close proximity to commercial areas. The project is an appropriate transition from the commercial area to the north to lower density areas to the east and south -west. The proposed low rise form of development is compatible with surrounding development which does not exceed 3 storeys. The development of units fronting onto Main Street is reflective of the character of development in this area and is complementary to the dwellings on the west side of Main Street. Orienting the driveway entrance to Robinson Street does not create any apparent traffic issues. Traffic generated from this development is not expected to be significant. This access will help to preserve on- street parking on Main Street to service nearby business and institutional uses. The requested site specific R4 zoning would limit development of the site to townhouse dwellings and group dwellings (2 or more townhouse dwelling blocks). The following site specific provisions are recommended: A reduction in minimum lot area, from 250 square metres per unit to 230 square metres per unit, recognizes this is a slightly more intensive development than more traditional townhouse developments. The resulting density is still within what is expected for a site in this location. A reduction in lot frontage (Robinson Street) from 30 metres to 27 metres recognizes the existing lot configuration. Reductions in front and rear yard setbacks, from 6 metres and 7.5 metres respectively to 5 metres, will allow dwellings to be brought closer to Main Street to create a better street presence. As the lands will be a through lot once merged, the zoning by -law requires a front yard setback from both the front lot line (Robinson Street) and the rear lot line (along Main Street). July 19, 2010 - 5 - PD- 2010 -58 - A reduction in the side yard setback, from one -half building height to 1 metre, is necessary given the lot configuration. A reduction in the privacy yard depth, from 7.5 metres to 4.5 metres, is necessary as a result of the lot configuration and the intent to bring the units closer to Main Street. To compensate for the reduced privacy yards, the construction of decks over the individual unit parking areas for additional amenity space is encouraged. - An increase in building height, from 10 metres to 12 metres, will permit the construction of pitched roofs to reflect the architecture of surrounding single detached dwellings. Current zoning provisions allow a building height of 12 metres over most of the property. - The applicant is proposing to provide 2 parking spaces (in tandem) per dwelling. There are no concerns as this is in excess of the 1.4 spaces typically required per dwelling. To maintain the presence of the units fronting onto Main Street and to ensure private driveways are not developed off of Main Street, vehicular entrances off of Main Street should be prohibited and fencing along Main Street should be limited to a wrought iron type decorative fence no taller than 1.2 metres. The lands were previously used for industrial purposes. In accordance with Provincial policy, the necessary Environmental Site Assessments and a subsequent Record of Site Condition should be a requirement prior to redevelopment for residential use. As such, a holding (H) symbol needs to be applied to the zoning on the lands, which can be lifted once a Record of Site Condition has been filed. 4. Deeming By -law Although the subject lands have been used as one lot, they consist of a number of separate Tots and part lots in a plan of subdivision. This creates zoning issues, as the buildings on the lot straddle lot lines. This is contrary to the Zoning By -law. If all of the subject lands are deemed to be no longer within the registered subdivision they will be able to merge and be treated as one large parcel for zoning purposes. The applicant has requested the City to pass a "deeming by -law" for Part of Lots 14 and 15, of Plan 268 (Village of Niagara Falls) and Lots 20, 21 and 22 and Part of Lot 19, abstracted as Block 14, of Plan 653 (Village of Niagara Falls). A deeming by -law removes the special status granted to whole lots within registered plans of subdivision for the purpose of subdivision control under the Planning Act. The applicant's registration of the requested by -law would merge the subject properties in the same ownership and allow them to be one lot. FINANCIAL IMPLICATIONS The proposed development will generate development charge contributions for the City. July 19, 2010 - 6 - PD- 2010 -58 CITY'S STRATEGIC COMMITMENT The proposed development complies with the City's Official Plan in terms of its residential policies. LIST OF ATTACHMENTS ► Schedule 1 - Location Map ► Schedule 2 - Site plan Recommended by: Respectfully submitted: t —G( Alex Herlovitch, Director of Planning, Building & Development Ken Todd, Chief Administrative Officer A.Bryce:mb Attach. S \PDR\2010 \PD- 2010 -58, AM- 2010 - 007,6158,6174 & 6180 Main St, Proposed 30 unit townhouse development.wpd July 19, 2010 - 7 - SCHEDULE 1 PD- 2010 -58 LOCATION MAP Location: 6158, 6174 and 6180 Main Street Applicant: Napev Construction Amending the Zoning By -law No. 79 -200 May 2010 AM- 2010 -007 July 19, 2010 - 8 - PD-2010-58 $HW e.uss1 SWtstM.s Maribeth Chambers 6420 Delta Drive #23 Niagara Falls, Ontario L2H 2X8 May 26,2010 Lord Mayor Ted Salci, Fire Chief Lee Smith, and members of City Council: Montt Sae laslasss, gumtree The one with insight Thank you for the chance to speak today on the issue of a condominium being built on the site of Main Street and Robinson, Delaware, across the street from Main Street Baptist Church. You are in favour and the church is in favour is my understanding at this point. Let me Introduce myself by letter. I'm Maribeth Chambers, a former employee of the city, a University Graduate of Western Ontario, resident of the Falls for8 years and Mother of three. Based on some preliminary observations, I believe that this project is a good fit for that space, but I ask that it Wait. Based on observations and consultations with several engineers, I believe that any new structures being built In that area at this time might pose a danger. I would like to have permission, funds and the go ahead to explore, the delicate escarpment near the falls to correct an existing ecological, structural, and geological weakness. 1 cannot overstress the importance of this request. This is not a threat but a warning. My insight on matters like this has been correct and provable on other occasions. It not only affects Niagara Falls, Canada, but the other side of the gorge as well. This consultation is not based on whim or to alarm, but based on living with and having friendships with engineers a good part of my life. An understanding of geography, factual, researchable, and explainable data may allow for a proper. Project development, to shore up and prevent a disaster like New Orleans a few years ago. This knowledge must be kept quite tightly at this time, since to broadcast this might create a potential panic in an already volatile and faultering or should I say unpredictable economy. 1 give my first consultation, in this manner because of the need for care in communication and future development at this point. The fee is $1000.00 plus taxes. I have already started to put together a team, but my role is consultant and would need expertise as well from a city appointed engineer and others as needed.I don't believe there is any danger at this time for existing buildings. Thank you for your attention and 1 look forward to hearing from you. Sincerely, Maribeth Chambers Enclosure: Contract Seeing Needs llell /'rr! .Solutions With you it ,nine! Ps 36:' SAW W NS V RILMq SV .0 VV'7 V .NS (5 Ace) This is the commitment and promise to you from myself, Maribeth Chambers CEO, or designate as I have requested. SHW Consulting Solutions will endeavour to not only meet your need and satisfy the problem stated and outlined, but to be a bit of a surprise and leave you with even more than you ask or think, if followed as recommended. I commit myself to this: a I (we) have read and understand what has been suggested. I (We) accept the recommendations .Or I (We) will discuss now any concerns or adjustments that I think are necessary and helpful. Will employ SHW again if further follow up to what has been stated be engendered and agreed upon by Maribeth or designate. I will not sue, for any result of this contract, and will be truthful in all my communication regarding this consultation. Signed: Dated: (Room for other signatures where appropriate if letter addressed to multiple recipients) Cost of Consult: # Paid by Cash or Certified cheque To Maribeth Chambers (Cost based on time,significance, and effort required) Witnessed: Date: Seeingr, .Needo Nei-prat Satutiano SHW CONSULTING SOLUTIONS RECEIVED MAY 2 8 2010 PLANNING & CIEVELOPMENT 1 /0-6id Date: 9 02 4//0 With Luc in mind ffloa€nco 36 :7 PAGE:(Type text] Niagara July 19, 2010 REPORT TO: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development RECOMMENDATION EXECUTIVE SUMMARY PD- 2010 -57 SUBJECT: PD- 2010 -57 AM- 2010 -014, Zoning By -law Amendment Application 6158 -6170 Stanley Avenue and 6158 Allendale Avenue Applicants: Canop Investments Inc. And Terma Holdings Inc. (Alfredo Costabile) Agent: Italia Gilberti, Broderick & Partners LLP Expansion to the Fallsview Inn 1. That Council approve the Zoning By -law amendment application to permit a 9 storey expansion to the Fallsview Inn at 6170 Stanley Avenue and to allow 16% of its required parking to be provided at 6158 Allendale Avenue, all subject to the changes in regulations addressed in this report. 2. That prior to passage of the amending by -law, the applicant enter into a Section 37 bonusing agreement with the City as contribution to the streetscaping abutting Parcel 1. 3. That Council pass a by -law to deem Lots 28, 31, 32 and Part of Lot 34, Plan 270 Village of Niagara Falls and Part of Range 21, Plan 1 Stamford to no longer be within the registered plan of subdivision. The applicant has requested a zoning amendment to permit a 9 storey expansion to the existing Fallsview Inn. This request can be supported because: • the proposal is located in the Fallsview Tourist Subdistrict where the Official Plan indicates high -rise development will be considered; • the proposal complies with most of the design criteria for mid to high rise hotel developments and the departures of this proposal from these design guidelines are considered acceptable; the requested parking standards are those recommended by the City's Tourist Area Parking Demand Study; the request to locate a small amount of required parking off -site will not create any traffic or parking supply issues; and July 19, 2010 - 2 - PD- 2010 -57 • 6170 Stanley Avenue will be able to be treated as one parcel for zoning purposes once the deeming by -law is registered. BACKGROUND Proposal Zoning amendments are requested for two parcels of land; a parcel of land totalling 0.69 hectares (1.7 acres) in area known as 6158 - 6170 Stanley Avenue (Parcel 1) and a parcel of land 0.2 hectares (0.5 acres) in area known as 6158 Allendale Avenue (Parcel 2). The applicant is requesting permission to develop a 9 storey, 160 room hotel and restaurant on Parcel 1, with a portion of the required parking provided off -site on Parcel 2. Schedule 1 shows the location of the lands and Schedules 2, 3 and 4 show details of the development. Parcel 1 is zoned Tourist Commercial (TC -645) with site specific provisions permitting a 9 storey hotel with an 8 metre setback from the west property line and a 9.5 metre setback from the south property line. The applicant is requesting permission to build a larger building up to the west and south property lines. The applicant is requesting site specific regulations to be applied to the lands to permit the larger building, parking requirements to be reduced to 0.8 spaces per hotel room, parking requirements for restaurants and meeting rooms in the hotel to be eliminated, a portion of the required parking to be provided on Parcel 2, and 40 required passenger vehicle parking spaces to be substituted with 2 bus parking spaces. Parcel 2 is zoned Tourist Commercial (TC). Site specific regulations are requested to be added to permit a portion of the existing parking on the property to be used as required parking for the hotel on Parcel 1, and to reduce the parking requirements for a retail store on the property to 1 space per 60 square metres of floor area. Site Conditions and Surrounding Land Uses Parcel 1 is occupied by a 5 storey hotel (the Fallsview Inn). Parcel 2 is occupied by the former Zippo factory. Parcel 1 is bounded by residential dwellings and vacant land to the north, parking lots to the east and west, and the Stanley Motor Inn and the Best Western hotel to the south. Parcel 2 is bounded by parking lots to the west, south and east and by a mix of commercial and residential uses to the north. Circulation Comments Information regarding the proposed Zoning By -law Amendment was circulated to City divisions, the Region 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 proposed zoning would provide an opportunity for redevelopment of a property within the City's urban area, making efficient use of urban serviced land and supporting the provision of employment opportunities July 19, 2010 - 3 - PD- 2010 -57 • Transportation Services No objections to the application of the proposed tourist area parking demand rates to the development. A traffic impact study is not required. - At the site plan stage a 3.05 metre road widening dedication will be required along the Robinson Street frontage of Parcel 1. Transportation Service staff remain generally unsupportive of off -site parking lots to serve required parking. Municipal Works No objections. There are adequate services for the proposal at this time. Municipal Works staff continue to monitor the effect of development on servicing systems as future development may necessitate the need for improvements. • Parks and Recreation No objections to the rezoning. However additional landscaped open space should be provided along street frontages of Parcel 1. Enhanced landscape plantings, streetscaping and fencing should be provided on this site. • Legal Services, Fire Services, Building Services - No objections. Neighbourhood Open House A neighbourhood open house was held on June 16, 2010. No members of the public attended the meeting to hear about the proposal or express comments. ANALYSIS 1. Parcel 1 is located in the Fallsview Subdistrict where building heights up to 30- storeys may be considered. The lands are designated Tourist Commercial in the Official Plan. Figure 4 of the Official Plan identifies the area where Council can consider buildings up to 30 storeys in height. Parcel 1, where the hotel is located, is in this area. The hotel will have a height of 9 storeys and is within the permitted height limit. 2. The proposal meets most of the Design Guidelines intended to guide high -rise development. The Official Plan requires tall buildings to reduce their massing and visual impact as they become taller and to provide appropriate gaps between buildings. The Official Plan specifies a series of design criteria intended to add distinct and interesting features to the skyline, enhance pedestrian environment at street level, ensure appropriate setbacks between high -rise buildings and ensure the massing of high -rise buildings are reduced and gaps maintained. Council adopted the Tourism Policy Review Implementation Handbook as guidelines to provide further direction on how these policies may be achieved. July 19, 2010 - 4 - PD- 2010 -57 The proposed hotel meets the following design criteria: With the proposed addition, the hotel will achieve a positive building base. A podium containing a restaurant will be constructed along 75% of the Stanley Avenue frontage of the property as directed by the guidelines. This podium will better engage the pedestrian environment along Stanley Avenue than the current driveway and drop off area. As the 9 storey tower steps back from Stanley Avenue a distance of 8.5 metres, the massing is reduced adjacent to the sidewalk and should help mitigate microclimate impacts at the street level. Setbacks from the north and east property lines, as well as maximum floor plate sizes above the podium, are within the design criteria. The pedestrian environment will be enhanced through streetscape improvements. - There are no excessive shadowing impacts on surrounding properties or streets. An art-deco type roof feature is proposed that will enhance the appearance of the hotel and add an interesting architectural feature. To ensure there are sufficient gaps between tall buildings and adjacent lots to prevent a continuous wall of buildings, the guidelines encourage buildings to be set back 12.5 metres from side lot lines above the podium. In addition, a maximum length to width ratio of 1.5:1 is stipulated by the guidelines to avoid slab -like buildings that may contribute to a wall of development. The proposed tower provides a 0 metre setback from the south side lot line and has a length to width ratio of 2.1:1 and therefore does not meet these guidelines. Although it is normally desirable to have the proposal meet all of the design guidelines a 0 metre setback from the south property line and a building length to width ratio of 2.1:1 are acceptable for the following reasons: The proposed hotel is not within the first tier of development adjacent to Queen Victoria Park where a wall of development on top of the escarpment overlooking the Falls would have an impact. Current zoning allows the construction of a 9 storey hotel on the site with a 9.5 metre southerly side yard setback. The guidelines permit the construction of a podium up to a height of 15 metres or 5 storeys tall with a 0 metre setback from side lot lines. The requested departure, therefore, involves a 9.5 metre long section of the hotel that is 4 storeys in height. Schedule 3 illustrates that the section of the hotel that departs from the guidelines is minimal. This departure is not expected to have a significant impact on surrounding streets or properties. The architect has noted that due to the hotel's superstructure it will not be possible to build taller than 9 storeys, therefore the hotel will be maintained as a mid -rise. A mid -rise hotel does not have the same adverse microclimate, shadowing or massing impacts of a taller hotel where the guidelines are relaxed. July 19, 2010 - 5 - PD- 2010 -57 The large setback of the tower from Stanley Avenue will ensure the pedestrian will not be overwhelmed along Stanley Avenue. The approval would not be out of character with the streetscape along Stanley Avenue. A future expansion of the Hilton is approved which will provide a large convention centre podium of between 20 and 35 metres in height along Stanley Avenue. 3. The requested zoning amendment for increased building size and off -site parking can be supported. The requested changes will provide regulations to guide the development of a hotel in the configuration and of the height shown on Schedules 2 and 3. The following site specific provisions are recommended: The requested parking standards are the provisions recommended by the City's Tourist Area Parking Demand Study. The requested parking standards for Parcel 1 are 0.8 parking spaces per hotel room and no parking requirements for a restaurant less than 300 seats or meeting areas less than 1400 square metres in area. The substitution of 2 bus parking spaces for 40 car parking spaces is requested for Parcel 1. In addition, the Study's recommended standard of parking spaces per 60 square metres of retail floor area is requested for Parcel 2. As the requested standards reflect the latest parking demands, as determined by the City's consultant, these requests are acceptable. To ensure enough required parking is provided to service the hotel development on Parcel 1, the applicant is requesting 21 of 128 required parking spaces (16 %) for the hotel be provided off -site on Parcel 2. Although containing all required parking on -site for hotel developments would be preferable, a practice of allowing a portion of required parking to be provided off -site has been instituted. Traffic impacts are expected to be minimal given the small number of parking spaces to be located off site. The requested reduction in loading area, from 3 spots to 1, is reflective of demand for this size of a hotel and is not expected to cause any impacts. - The applicant has requested the elimination of site specific landscaping requirements for Parcel 1, which includes the provision of landscape strips 5 metres wide along the Fallsview Boulevard and Robinson Avenue frontages of the property and 1 metre wide along the Stanley Avenue frontage of the property. Instead, the applicant is proposing decorative walls along Fallsview Boulevard and Robinson Avenue to screen parking areas. Council has adopted guidelines that allow for this substitution. The amending by -law should however secure the 4.5 metre wide landscape strip illustrated between Stanley Avenue and the parking area as shown on Schedule 2 to provide an attractive streetscape. 4. Site Plan Agreement/Section 37 Agreement. It will be necessary to amend the site plan agreement that applies to the Parcel 1 in order to accommodate the proposal. The amending by -law will secure landscaping, servicing, lighting and access on the site, as well as the road widening. July 19, 2010 - 6 - PD- 2010 -57 The applicant will be required to enter into a Section 37 Agreement to secure a contribution to the streetscape improvement around Parcel 1 and to secure the design of the proposed hotel. The cost of streetscaping is expected to be approximately $100,000. It is Council's practice to secure this agreement prior to passage of the amending by -law. 3. Deeming By -law Although Parcel 1 currently functions as one lot, it consists of 4 separate Tots or part lots in two plans of subdivision. This creates zoning issues, as the buildings on the lot straddle lot lines and technically result in some parking being located on a lot(s) not occupied by the use. This is contrary to the Zoning By -law. If all of the subject lands are deemed to be no longer within the registered subdivision they will be able to merge and be treated as one large parcel for zoning purposes. The applicant has requested the City pass a "deeming by -law" for Lots 28, 31, 32 and Part Lot 34 of Plan 270 (Village of Niagara Falls) and Part Range 21 of Plan 1 (Stamford). A deeming by -law removes the status granted to whole lots within registered plans of subdivision for the purpose of subdivision control under the Planning Act. The applicant's registration of the requested by -law would merge Parcel 1 in the same ownership and allow it to be one lot with a common parking area. FINANCIAL IMPLICATIONS The zoning amendment will facilitate a tourist commercial development which will generate development charge contributions and commercial tax assessment for the City. CITY'S STRATEGIC COMMITMENT The proposed development complies with the Tourist Commercial policies in the Official Plan in terms of its tourism development policies. LIST OF ATTACHMENTS ► Schedule 1 - Location Map ► Schedule 2 - Site Plan - 6158 -6170 Stanley Avenue ► Schedule 3 - Hotel Elevation ► Schedule 4 - Site Plan - 6158 Allendale Avenue Recommended by: l Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: K n Todd, Chief Administrative Officer A.Bryce:mb Attach. S: \PDR\2010 \PD- 2010 -57, AM- 2010 -014, 6158 -6170 Stanley 6158 Allendale, Fallsview Inn Hotel Expansion.wpd July 19, 2010 - 7 - SCHEDULE 1 PD- 2010 -57 LOCATION MAP Amending the Zoning By -law No. 79-200 Location: 6170 Stanley Avenue and 6158 Allendale Avenue Applicant: Canop Investments Inc. and Terma Holdings Inc. May 2 010 AM- 2010 -014 July 19, 2010 - 8 - PD- 2010 -57 HOTEL SITE PLAN ROBINSON AVENU ger ot /Pr= WON, 40 Mod. Schedule 2 Parcel 1 LOT 27 ! LOT 26 I LOT 25 I LOT 24 LOT 33 Mail s,n *» a. MOW P.M /AMONG LOT July 19, 2010 -9- PD- 2010 -57 Schedule 3 -f I�d ►� . il��' . ,,lj INN i� d it U i i 1� Logo. 11 EMEMEMEINIIIIIIII U 1111 It iui " IN � I _ M mil Iii: .d.d. UN IN " NMI •011 • IE a• i !. ... d . a ■ :: "10 � 'i, A`LENDALE AVENUE - 10. ry gi 2 g 0 t i Sch edul e Parcel 2 4 PO-2070- Niagara,Falls CANADA 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 -56 SBA - 2010 -001, Sign By -law Amendment Application 6361 Fallsview Avenue Owner: Joe DiCosimo Permit a Ground Sign that Exceeds the Regulations in the By -law RECOMMENDATION That Council approve the Sign By -law amendment application to permit a pylon sign at the south east corner of Murray Street and Stanley Avenue having a maximum sign area of 62.43 square metres conditional upon the removal of the existing pylon sign at this location. EXECUTIVE SUMMARY The amendment is requested to permit a pylon sign which exceeds the size permitted in the Sign By -law. The site specific amendment to the by -law would be required to permit a sign with a sign area of 62.43 sq m (672 sq ft). The Sign By -law amendment can be approved for the following reasons: • the proposed sign meets the intent of the Official Plan; is in proportion to the buildings on the block; is located in a landscaped area; and that the proposed sign will replace the existing pylon sign in the same location. BACKGROUND PD- 2010 -56 July 19, 2010 Proposal A sign by -law amendment is requested to permit the owners of the Hilton Hotel to erect a pylon sign at the corner of Stanley Avenue and Murray Street that will have an sign area of 62.43 sq m (672 sq ft) whereas the by -law permits a maximum sign area of 23 sq m. (247.5 sq ft). The purpose of the sign is to advertise the hotel and the two restaurants inside the hotel. It is proposed that this sign will be a tri- vision sign with rotating louvers. Presently, a pylon sign is erected on the site at that location which advertises these businesses. Staff determined that, given the size of the proposed sign and the magnitude of the difference between the proposed sign area and the maximum permitted by the By -law, an amendment to the By -law is necessary, rather than a minor variance. The By -law requires that amendments be considered by Council and that notice of the public meeting be given to all property owners within 120 metres of the subject property. Notice for this application was circulated on June 28, 2010. July 19, 2010 - 2 - PD- 2010 -56 Circulation Comments ANALYSIS Official Plan Region of Niagara Not yet received. Transportation Services - No objections. The proposed sign can be supported provided the text or graphics are not individually illuminated with Light Emitting Diode (LED) lighting used for traffic signals and /or the text or graphics do not flash or scroll. The property is located in the Fallsview Subdistrict of the Central Tourist Area. The Official Plan identifies the intersection of Stanley and Murray Streets as one of the City's entrance gateways. The amenity and design policies of the Official Plan promote an attractive environment and improved physical appearance throughout the City. Signs should not have a negative impact on the amenity of the area or obstruct pedestrian or vehicular traffic. While not obstructing pedestrian traffic, the sign will be of a size and scale that must be carefully designed and placed so as to not impact on the amenity of the area or be a visual distraction for drivers. Specifically, in prominent landmark locations such as gateway entrances to the City, special attention to high quality design and landscaping shall be encouraged and additionally, new development should be designed and sited to minimize the obstruction of scenic vistas. Sign By -law The intent and purpose of the Sign By -law Is to regulate signage within the City for purposes of public safety and aesthetics. The proposed sign is located within the Fallsview Tourist District of the Sign By -law. The size of the proposed sign approaches the maximum sign area of a billboard sign, but is not a billboard by the By -law as it will not contain third party advertizing. It does, however, meet the definition of a pylon sign and as such, is considered to be an oversized pylon sign. The maximum sign area permitted for a pylon sign is 23 sq m. (247.5 sq ft) whereas the proposed sign has an area of 62.43 sq m. (672 sq ft). In reviewing the proposed sign it was found that: • . . it will replace an existing pylon sign already on the corner; the property has 86.4 m frontage on Murray Street and 156.1 m frontage on Stanley Avenue which would facilitate 2 pylon signs which would have only a slightly smaller total sign area; the sign is proportional to the scale of the high -rise buildings on the block; the installation of the proposed sign will preclude any further pylon signs on the property without further amendments to the By -law; and July 19, 2010 - 3 - PD- 2010 -56 ► the sign will be located within a planted landscaped area designed to enhance the aesthetics of the area. The Sign By -law states: "No sign located within 30m of an intersection shall contain any green or red lettering or graphics that are illuminated or flashing." The purpose for the regulation is to preclude the potential for motorists to be confused between traffic signals and advertising signage. The proposed sign can be supported provided the text or graphics are not individually illuminated with Light Emitting Diode (LED) lighting used for traffic signals and /or the text or graphics do not flash or scroll. LIST OF ATTACHMENTS ► Schedule 1 ► Schedule 2 ► Schedule 3 - ► Schedule 4 - Recommended by: Respectfully submitted: P.Boyle:mb Attach. - Location Map - Survey Sketch Proposed Sign Existing Sign 11,J,,,4(1- Ken Todd, Chief Administrative Officer Alex Herlovitch, Director of Planning, Building & Development S: \PDR \2010 \PD - 2010 -56, SBA - 2010 -001, 6361 Fallsview Ave, DiCosimo.wpd Subject Land SCHEDULE 1 Location Map July 2010 July 19, 2010 - 5 - SCHEDULE 2 PD- 2010 -56 July 19, 2010 - 6 - SCHEDULE 3 PD- 2010 -56 July 19, 2010 - 7 - SCHEDULE 4 PD- 2010 -56 Clerk's Department Inter- Department Memorandum TO: His Worship Mayor Ted Salci & Members of Council FROM: Dean Iorfida City Clerk Ext. 4271 Council is reminded that the statutory public meeting for input, under the happened and been closed. NiagaraFalls CANADA DATE: July 19, 2010 RE: PD- 2010 -59, AM- 2009 -024, Official Plan Amendment No. 96. New Environmental Policies for the City of Niagara Falls. Jean Grandoni has submitted a correspondence requesting to speak to the item noted above. Planning Act, has If Council is to entertain Ms. Grandoni, it should offer the same opportunity to others in the gallery. Working Together to Serve Our Community Clerks • Finance • Human Resources • Information Systems • Legal • Planning & Development NiagaraFalls July 19, 2010 t,�nfna 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 -59 AM- 2009 -024, Official Plan Amendment No. 96 New Environmental Policies for the City of Niagara Falls RECOMMENDATION BACKGROUND PD- 2010 -59 1. That Council adopt the new and updated Environmental Policies to the Official Plan as modified in response to public input. 2. That the amendment be forwarded to the Niagara Region for approval. EXECUTIVE SUMMARY The draft policies forwarded to Council on June 28, 2010 have been reviewed in response to public input and have been modified, where appropriate, to address those concerns. The draft policies update the Official Plan in accordance with upper tier documents such as the Provincial Policy Statement and Regional Policy Plan. The natural heritage policies of the City's Official Plan have remained mostly unchanged since their approval in 1993. The draft policies have been prepared to reflect the numerous changes and updates done at the Provincial and Regional level to strengthen the protection of the natural environment. Updated mapping on wetlands, water features and woodlands are reflected in the draft schedules and appendices proposed for the Official Plan. The City held an open house in November 2009 and a public meeting on June 28, 2010 to gather input and comments on draft policies to update the Official Plan's natural heritage policies. In response to the comments received, modifications have been made to the draft policies or mapping. However, in some cases, the comments received would create a conflict with Provincial or Regional policy and could not be reflected in the draft documents. The attached chart identifies the modifications made to the policies based on comments received with the circulation and public meeting as well as where changes could not be made. July 19, 2010 LIST OF ATTACHMENTS • Schedule 1 - Modifications Chart Recommended by: Respectfully submitted: F.Berardi:gd Attach. - 2 - S: \PDR\2010 \PD- 2010 -59, AM- 2009 -024, New Enviro Policies.wpd PD- 2010 -59 Alex Herlovitch, Director of Planning, Building & Development Ken odd, Chief Administrative Officer Policy Modification Requested by (please refer to Amendment #96 as the modifications have resulted in a change in numbering from the draft) 12.1.3 A reference to determine through preconsultation ways to "minimize potential adverse impacts" of development on adjacent lands is reworded to "avoid or minimize negative impacts ". NPCA 12.1.5 This policy on the site design adjacent to natural heritage features is modified the terms so that the terms "no negative impact" is replaced with "no significant negative impacts ". UEM 12.1.10 This policy intends to protect of natural heritage features regardless of the land use designation currently applying to it. The modification qualifies the natural heritage features as those identified through an EIS. UEM 12.1.12 A policy regarding the Treed Moraine along the Niagara Parkway is included. It was inadvertently omitted in the draft policies. Staff 12.1.20 The last sentence of the policy has been modified by deleting "as previously addressed in sufficient detail in a comprehensive review" so that a scoped EIS is not contingent on a full EIS having been completed previously. UEM 12.1.21 A new policy is added to outline when the extent of an EIS may be reduced. Staff 12.1.23 The phrase "contiguous woodlands and wetlands" is added to the list of potential linkages and natural corridors in this policy. NPCA 12.1.24 In response to a concern regarding the identification of conceptual only corridors on a Schedule to the Official Plan, Potential Natural Heritage Corridors has been removed from Schedule A -1 and added to Appendix III -E. A modification to Policy 12.1.24 refers to this change. UEM 12.1.25 A reference to NPCA approval of an EIS has been modified to City or Regional approval. (The NPCA is to be consulted, but is not the approval authority for an EIS). UEM July 19, 2010 -3 SCHEDULE 1 Modifications made the April 2010 Draft Environmental Policies PD- 2010 -59 12.1.27 A clarification has been made that the City will consult with the appropriate agencies regarding the need for hydrogeological studies. Works 12.1.32 In order to clarify what is meant be the phrase "a key hydrologic feature ", it has been replaced with the more descriptive phrase "surface water features such as a water course or wetland or area with a ground level water table ". NPCA 12.1.34 The reference to water taking permit approvals has been modified to clarify that the NPCA will need to be satisfied in terms of water quality and quantity and the Region /City will need to be satisfied in terms of land use and future impacts. NPCA 12.1.43 A sentence has been added to this Policy dealing with the preservation and maintenance of natural areas (including treed areas beyond significant woodlands) to direct the reader to the wooded areas identified on Appendix III. These areas are based on the City's Urban Wooded & Treed Inventory and Assessment Study (1993). J. Grandoni 12.2.3 The approval of new environmental mapping is amended to apply to "the appropriate authority" rather than just the Niagara Peninsula Conservation Authority. NPCA 12.2.13 The 30m vegetated buffer around Provincially Significant Wetlands as well as fish habitat have been removed from the list of features within the EPA designation and relocated within the ECA designation list of features (Policy 12.2.16). NPCA 12.2.16 A new policy has been added to address the vegetated buffer around Provincially Significant Wetlands in terms of identification of its extent through an EIS and the limitation of uses. Staff 12.2.26 The protective buffer for fish habitat has been revised to be in line with NPCA policies such that a 30m is still required for Critical fish habitat but 15m is required for Important and Marginal fish habitat. NPCA July 19, 2010 -4- PD- 2010 -59 July 19, 2010 -5- PD-2010-59 Changes to Schedules Proposed Changes to Schedule A - the 30m buffer surrounding Provincially Significant Wetlands (PSW) or NPCA Wetlands >2ha in size has been removed - fish habitat has been moved to the ECA land use designation and a 15m buffer applied to Important and Marginal fish habitat - a notation (No. 3) has been added to lands owned by Cytec until the status of the NPCA wetlands on those lands have been confirmed (possibly former sludge ponds) Schedule A -1 - add a dotted line to represent the 30m vegetated buffer around PSWs and NPCA Wetlands > 2ha in size - added a notation regarding the 30m buffer as illustrative - fish habitat has been moved to ECA land use designation and a 15m buffer applied to Important and Marginal fish habitat - Potential Natural Heritage Corridors moved to Appendix III -E Other Modification Requests Other suggestions and comments were received from the public input which did not result in modification to the policies. ► Two property owners requested that the natural heritage features identified on their lands be removed. Removal of these features and the associated land use designation would be inconsistent with the treatment of other lands within the municipality and would not be in conformity with upper tier documents. ► It was noted at the public meeting that the mapping did not identify natural heritage features found on the Oldfield Subdivision on the north side of Ramsey Road. The noted features were recently identified through an EIS completed for the subdivision application and are not reflected in MNR or NPCA mapping as of yet. The identification and protection of these features will be accommodated through the current application process. ► A suggestion to identify the NPCA lands on Garner Road as EPA would be inconsistent with the Region's and City's policies to identify publicly owned lands as ECA. ► A definition for a `dripline' was suggested at the public meeting has not been added as the term is not used in the policies. ► The qualification of term `minor' with respect to changes in mapping, as suggested by the NPCA, is subjective and a detailed description may result in the need for future Official Plan amendments to deal with unforeseen situations. ► The NPCA has confirmed that diversions to Shriners Creek should be included as the mapping used is the most recent issued (April 2010). No change to mapping has been made as it must be initiated by NPCA. The diversions were noted at the Public Meeting f4. FL k.,ze 6/5 i Mi .41 fr a p 654/ att-4 /P, ;foto ( 1 2—o c , i . O 6h 42t / (1 (tvtt T)9 b 4 7 1 e0A- 4 tr74 evV 1 -44 ta/7) /te- an " 0 - ,vo j y e - 7-1-1-0 Jt Jf n LI: T.T r3TO 01 SA313 S11t13 `Otill4 X m - v 0 7J --1 co F- 2010 -42 Niagara July 19, 2010 C'A AUA REPORT TO: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Finance Department SUBJECT: F- 2010 -42 2009 Development Charges RECOMMENDATION That Council receive and file the attached financial statements regarding Development Charges for the 2009 fiscal year. EXECUTIVE SUMMARY Finance staff provide annual reports on activities that complement the annual Financial Statements. This report is a requirement of the Development Charges Act. The report provides a statement disclosing the receipts and uses of all development charges collected under the authority of Part 1l of the Development Charges Act, 1997. During 2009, the City had a net reduction of approximately $2.3 million as reserves were utilized for projects. A new development charge by -law was approved in 2009. BACKGROUND The City is required by the Development Charges Act to provide Council an annual summary of activity. The required content for this financial reporting is as follows: Balance as of January 1 The development charges reserve fund balances as reported on the audited financial statements for the preceding year. Development Charges Received or Receivable • These development charges are to be allocated to the specific service to which they are to be applied. Development Charges Refunded • The total of all refunds of development charges, including the interest on the refund calculated on the basis of the provisions of section 13 of Ontario Regulation 725/89. • The total refunded amount is to be credited to the specific service to which the original charges had been applied. History of Deve opment Charge Reserve Funds Development Charge Revenue Disbursements Interest Earned Year End Balance 2003 $17,781,639 2004 $1,602,164 - 5689407 $557,811 $14,252,207 2005 $2,523,939 - 658577 $486,469 $16,604,038 2006 $1,334,196 - 587869 $534,030 $17,884,395 2007 $1,776,969 - 8381671 $675,731 $11,955,424 2008 $2,931,001 - 4496182 $661,515 $11,051,758 2009 $1,629,288 - 4328877 $368,114 $ 8,720,284 July 19, 2010 - 2 - F- 2010 -42 Accrued Interest • The total interest earned on all reserve fund investments will be shown, as well as the apportionment of such interest earnings among the various services. Transfers to Capital Fund • The total of all amounts transferred to the capital fund including all interest earned on such funds as at the date the amounts are transferred. • The total of the amounts transferred are to be credited to the specific service to which the original charges had been applied. Amounts Allocated to Other Services • Indicate the amounts which Council has determined are to be transferred from the service originally allocated to another service. Balance at Year's End • The development charge reserve fund balance or balances as reported on the audited financial statements of the current year. Historical Trend of Development Charges The amount in the reserve funds at a point in time is a product of amounts collected, amounts used to fund capital projects and interest earned in the reserves. Ultimately, the purpose of development charges by -law is to collect adequate amounts that can be used to fund growth related projects. The chart below summarizes the historical year end balances. July 19, 2010 - 3 - F- 2010 -42 FINANCIAL /STAFFING /LEGAL IMPLICATIONS As this shows, development charges received in 2009 were Tess than the previous year while amounts used for funding in 2009 was the fourth highest of the last eight years. Interest income was significantly less than the previous year. It is important to recall that while development charges reserves in aggregate totaled $8,720,284 as at December 31, 2009, individual reserves are held for specific expenditures, such as fire, roads, water, sewers, etc. in the future. The year end balance of $8,720,284 can be broken down as shown in the attached Development Charges Financial Statement. The attached summary illustrates the available amounts for each service area. It should be noted that these reserves are designated to be used in the areas that these pertain to and have been collected based on the current Development Charges Study. During 2009, Council was required to develop a new Development Charges By -law. Staff has developed a five -year continuity schedule as part of the 2010 capital budget process. The continuity schedule is a financial planning tool which identifies the use of development charge reserves for funding identified projects annually. Likewise, the continuity schedule identifies estimated annual in flows of development charges collected. This schedule ensures that staff is aware of immediate (current year) and long term (2 -5 years) impacts of collections /disbursements of development charge funds. A summary of the financial statement follows: Balance as at January 1, 2009 $11,051,758 Received Development Charges 1,629,288 Refunded Development Charges (36,511) Interest Earned 368,114 Transfer to Capital Projects (4,253,866) Transfer to Operating (38,500) Balance as at December 31, 2009 $ 8,720,284 As required by the development charges legislation, capital projects that receive funding from development charges are required to report the other sources of funding. A summary of the sources for this total funding is as follows: New Development Charges By -law $4,253,866 Ontario Grant 1,153,606 Operating /Utility Revenue Fund 2,207,210 Reserve Funds 38,544 Gas Tax Reserve Fund 2,035,481 Capital Reserve Accounts (384,626) Debenture 1,184,739 Outside Billings 577,288 Interest Revenue 1,385 Special Purpose Reserves 0 Total Funding $11,067,493 July 19, 2010 LIST OF ATTACHMENTS -4- F- 2010 -42 Development Charges Financial Statement for the period January 1 to December 31, 2009 Recommended by: Respectfully submitted: C. Luey Todd Hartison, Dire or of Finance Ken Tod , Chief Administrative Officer 0) 0 0 O N 0) CI) O\ 0) U C (7 0) CO 0 T 0 CO 0 (1) LL W re > 0) •w Z a °' UJ 0 0 Ce a Q � T d . z UJ U a a .6 w 'I 0) CO LO (0 O CCD O O (O ' O 07 (n CO 0) CO C6 CV V CD N. N O 0) V CD CO 0) V 0) Cr) O N ' 0) CO co (0 O n CO (( 0 0) Cs1 1` CO N O 0) CO (0 N . 0 ) 0) 0) 0) CO 0) CO CO ' CT) V CO N 0) N CV 0) 0) 0) oo N N O C) 0) CO 07 (O O N O a0 (() (O 0) CO h CO h co 0) O 03 0) O CO0) N N D) V r W O 1') 0) CO O N. I' 'I' It 0) h M N Q1 (T O CO N- 07 (s, CO O (14 It COO 1` (C7 C7 N 'V' ri c:6 r-: CO O er O n CO N V O (f) CO N LO CO CO O 0) N O O N r V O CO V r O O N 1- (t) N 0 (b 0) 0) tt N 1- N . N 0) (() co 1` nOO (C) 1" V (n t` O (f) CO O O 0) (O O O CO O h (D 7 ra csr CO (0 M co co C7 ([) O O O (n 0) CO Cr N (C) N CO CO 0) O C0 V N CO 0) 0) N Cf N h N ( N O V Oer NM N co c- O N 0 V' C) O) N O LL) N r N V O CO N 0 a0 (0 O O (O N 1'- O 0, co O O C) N 0) 03 0) 00 N � O CD (0 N O (0 N (O ,- .- CO co O r n O CV CO O N 0) ( 1-. ( O CO O I • CO (n 0) N (n Cn W J "'. CO > 0 0 W (2 N a) w E Z ( o c9 d g - 0 () 0 o U a) o W Y (a w (O O ~ 2 m - CL m (v n 0 Y o o 0 C 2 1- a 2 0 co a) E W U 0 in 0 6 a CD- w � 'yu �W W y� E Z 0 E E J > C C o 7 (n o o 2 (o a s to m m o a) F - m@ o U cu a a N w c >, c a (7 C7 U 0 7 7 O - 1- N 0) 0) 0) W 00 Cic (0 0) V' V 0 , 0 CD O N V (n O (7 (n (0 (0 CO O N 0) N (O (0 O LO N O CD CD NiagaraFans July 19, 2010 (A L A U A REPORT TO: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Finance Department SUBJECT: F- 2010 -44 Municipal Accounts RECOMMENDATION That Council approve the municipal accounts totalling $19,738,534.66 for the period June 10, 2010 to June 30, 2010. EXECUTIVE SUMMARY The accounts have been reviewed by the Director of Finance and the by -law authorizing payment is listed on tonight's Council agenda. Recommended by: Respectfully submitted: Todd Harrisorj. Directo of Finance Ken Tod , Chief Administrative Officer F- 2010 -44 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name 1049527 ONTARIO LTD 1083246 ONTARIO LIMITED 1184538 ONTARIO LIMITED 1238838 ONTARIO LIMITED 1254225 ONTARIO INC 1372744 ONTARIO LIMITED 1405217 ONTARIO INC 151702 CANADA INC 1568329 ONTARIO INC 1609602 ONTARIO INC. 1609652 ONTARIO LIMITED 1623565 ONTARIO LIMITED C/O AUBREY ZIDENBERG 1736104 ONTARIO INC 1769839 ONTARIO LIMITED 1788800 ONTARIO INC 2088937 ONTARIO INC. 2094204 ONTARIO LTD 2094928 ONTARIO 2102664 ONTARIO INC 367359 ONTARIO LTD 374685 ONTARIO LIMITED 396101 ONTARIO LIMITED 5 -0 TAXI CO INC 5175 VICTORIA HOLDINGS INC 527534 ONTARIO LIMITED 547554 ONTARIO LIMITED 550857 ONTARIO LTD 550857 ONTARIO LTD 566960 ONTARO INC 6378552 CANADA INC. C/O ARC FORCE ENTERPRISES 705336 ONTARIO LIMITED 820872 ONTARIO LTD 942352 ONTARIO LIMITED O/A BRISK ALL GLASS & SAFETY SUPF 992583 ONTARIO LIMITED A & T ROBERTO LTD A & T ROBERTO LTD A B C RECREATION LTD ACCOUNTANT OF SUPERIOR COURT OF JUSTICE ACCOUNTANT OF SUPERIOR COURT OF JUSTICE ACCOUNTANT OF SUPERIOR COURT OF JUSTICE ACCOUNTANT OF SUPERIOR COURT OF JUSTICE ACCOUNTANT OF SUPERIOR COURT OF JUSTICE ACCU LOCK AND SECURITY ADSHEAD,DON ADVANCE FIRE CONTROL ADVANCE TOWING ADVANCE TOWING ADVANTAGE ADVANTAGE AECOM CANADA LTD AECOM CANADA LTD AGNOLETTO,LOUIE AGRATURF EQUIPMENT SERVICES INC AIR CARE SERVICES AIR CARE SERVICES AIR CARE SERVICES ALISON'S SPORTS & AWARDS ALL PRO RENTALS ALLAN FYFE EQUIPMENT LTD ALLIANCE ABBRASIVE WHEEL LTD. CIO NIAGARA ARTCRAFT WC AMALGAMATED TRANSIT UNION #1582 ANGLE,BETH ANTONIO,CHUCK ANTONSEN,DAVID APPLIED GEOLOGICS INC ARCHER TRUCK CENTRE WELLAND LTD ARCHER TRUCK CENTRE WELLAND LTD ARCHER TRUCK CENTRE WELLAND LTD ARCHER TRUCK SERVICES LTD ARCHER TRUCK SERVICES LTD AREO -FIRE ARTISTA DESIGN & PRINT INC ASSOCIATED ENGINEERING (ONT) LTD Cheque No. Cheque Date Purpose 337807 16- Jun -2010 337808 16- Jun -2010 337809 16- Jun -2010 337810 16- Jun -2010 337811 16- Jun -2010 337812 16- Jun -2010 338109 23- Jun -2010 337813 16- Jun -2010 337814 16- Jun -2010 337815 16- Jun -2010 337816 16- Jun -2010 337817 16- Jun -2010 337818 16- Jun -2010 337819 16- Jun -2010 337820 16- Jun -2010 337821 16- Jun -2010 337822 16- Jun -2010 337823 16- Jun -2010 338104 17- Jun -2010 337825 16- Jun -2010 337826 16- Jun -2010 337827 16- Jun -2010 338111 23- Jun -2010 337828 16- Jun -2010 338112 23- Jun -2010 337829 16- Jun -2010 337830 16- Jun -2010 337831 16- Jun -2010 337832 16- Jun -2010 338125 23- Jun -2010 337833 16- Jun -2010 337834 16- Jun -2010 338113 23- Jun -2010 337835 16- Jun -2010 337849 16- Jun -2010 338129 23- Jun -2010 338114 23- Jun -2010 338099 17- Jun -2010 338100 17- Jun -2010 338101 17- Jun -2010 338102 17- Jun -2010 338103 17- Jun -2010 338115 23- Jun -2010 337837 16- Jun -2010 337839 16- Jun -2010 338116 23- Jun -2010 338341 30- Jun -2010 337838 16- Jun -2010 338342 30- Jun -2010 337840 16- Jun -2010 338343 30- Jun -2010 337841 16- Jun -2010 338344 30- Jun -2010 337842 16- Jun -2010 338117 23- Jun -2010 338345 30- Jun -2010 338346 30- Jun -2010 338119 23- Jun -2010 338118 23- Jun -2010 337843 16- Jun -2010 338120 23- Jun -2010 337844 16- Jun -2010 338123 23- Jun -2010 338347 30- Jun -2010 338124 23- Jun -2010 337845 16- Jun -2010 338127 23- Jun -2010 338349 30- Jun -2010 338126 23 -Jun -2010 338348 30- Jun -2010 337846 16- Jun -2010 338128 23- Jun -2010 337848 16- Jun -2010 REFUND REFUND REFUND REFUND REFUND REFUND REFUND REFUND REFUND REFUND REFUND REFUND REFUND REFUND REFUND REFUND REFUND REFUND REFUND REFUND REFUND REFUND SERVICES MATERIALS REFUND REFUND REFUND REFUND REFUND 5770 DON MURIE ST REFUND REFUND REFUND MAINTENANCE/REPAIRS REFUND REFUND 5008 CENTRE ST SERVICES EMPLOYEE RECOG MATERIALS P.I.C. ROLL #14000108432 P.I.C. ROLL #140 - 001 -08430 P.I.C. ROLL #140 - 001 - 088101 P.I.C. ROLL #140 - 001 -08444 P.I.C. ROLL #140- 001 -08428 SERVICES REFUND SERVICES SERVICES SERVICES STORES /INVENTORY MATERIALS CONSULTING SERVICES PROJ #601 CONTRACT SERVICES SAFETY FOOTWEAR MATERIALS MATERIALS MAINTENANCE /REPAIRS MAINTENANCE /REPAIRS MATERIALS SERVICES MATERIALS REFUND 4395 KENT AVE PAYROLL REMITTANCE INV 13/10 TRAVEL/MILEAGE TRAVEUMILEAGE TRAVEUMILEAGE MAY EXPENSES CONSULTING SERVICES MATERIALS MAINTENANCE/REPAIRS MATERIALS SERVICES MATERIALS MATERIALS MATERIALS CONTRACT SERVICES PROJ 2008 -5 Page 1 of 10 Amount 2,395.36 493.83 4,096.32 5,425.87 95.18 578.89 32,204.41 3,139.12 2,920.84 426.54 1,582.85 1,338.76 2,409.99 1,475.37 977.28 980.72 358.83 182.95 5,424.03 747.05 1,516.80 2,902.51 4,308.01 23,203.24 1,016.53 2,370.74 490.44 249.26 26,331.41 420.00 1,685.43 14,836.33 216.30 2,176.31 820.49 300.00 7,308.28 2,161.05 8,042.83 15,150.44 1,537.81 2,201.89 220.50 20.00 551.25 420.00 189.00 722.49 1,020.96 1,032.29 2,110.14 7.50 117.29 2,590.50 3,775.02 2,168.95 2,175.25 462.82 3,418.65 2,919.49 1,993.25 160.50 51.50 231.00 15,871.54 165.00 484.83 18.28 338.94 186.86 49.19 33.90 1,901.03 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name ASSOCIATION OF MUNICIPALITIES OF ONTARIO AUDIO DESIGN SYSTEMS INC B & C TRUCK CENTRE B & C TRUCK CENTRE BAIOCCO CONSTRUCTION CORPORATION BANK OF MONTREAL BARRANCA,MARY BARRY BRYAN ASSOCIATES (1991) LTD BATTLEFIELD EQUIPMENT RENTALS BEAMAN,KEN BEATTIES BASICS BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA - PUBLIC ACCESS BEN BERG FARM & INDUSTRIAL EQUIPMENT LTD BEN BERG FARM & INDUSTRIAL EQUIPMENT LTD BENISON INVESTMENTS LTD BENNETT,CATHARINE BETTY'S RESTAURANT BIANCO,TONY BICKLE MAIN INDUSTRIAL SUPPLY INC BICKLE MAIN INDUSTRIAL SUPPLY INC BIRD,LUCETTE BIRKS COMPANY - THE BIRMINGHAM FIRE CONTROL BIRMINGHAM FIRE CONTROL BLACK DIAMOND LP BLACK DIAMOND LP BOB ROBINSON & SON CONSTRUCTION BOB ROBINSON & SON CONSTRUCTION BOB ROBINSON & SON CONSTRUCTION BOBOROS,TERRY BONATO BROTHERS COMPANY LIMITED BONDFIELD CONSTRUCTION COMPANY LIMITED BORDEN LADNER GERVAIS BOYLE,PEGGY BOYS & GIRLS CLUB OF NIAGARA BOYS & GIRLS CLUB OF NIAGARA BRAMIC CREATIVE BUSINESS PRODUCTS LTD BRANCO,MARIA BRAND BLVD INC BRAND BLVD INC BRAND BLVD INC BRETHERICK,JAMES BRIANT,ROBERT BRINKS CANADA LTD BROCK AUTOMOTIVE BROCK AUTOMOTIVE BRODERICK & PARTNERS IN TRUST BROWNS SEPTIC SERVICE LTD BRUNNING,MICHAEL BUNTIN REID BUNTIN REID BURGOYNE,JIM BURKEGROUP - THE BURSE,PAMELA BUTERA,ALDO, TRUSTEE BUTLER,DAVID C R L CAMPBELL CONSTRUCTION & DRAINAGE LTD C -MAX FIRE SOLUTIONS CALE SYSTEMS INC CAMERA PLACE FOTO SOURCE - THE CANADA CULVERT CANADA TRUST COMPANY THE CANADIAN DOOR DOCTOR CANADIAN DOOR DOCTOR CANADIAN NATIONAL CANADIAN PACIFIC RAILWAY CO CANADIAN PORTABLE SERVICES CANADIAN PRINTING RESOURCES CANADIAN TIRE CORPORATION LTD Cheque No. Cheque Date 337847 16- Jun -2010 338130 23- Jun -2010 337852 16- Jun -2010 338353 30- Jun -2010 337850 16- Jun -2010 338131 23- Jun -2010 337851 16- Jun -2010 338351 30- Jun -2010 338352 30- Jun -2010 337853 16- Jun -2010 337854 16- Jun -2010 337855 16- Jun -2010 337856 16- Jun -2010 338134 23- Jun -2010 338135 23- Jun -2010 338354 30- Jun -2010 338136 23- Jun -2010 338138 23- Jun -2010 338356 30- Jun -2010 337857 16- Jun -2010 337858 16- Jun -2010 338357 30- Jun -2010 338139 23- Jun -2010 337859 16- Jun -2010 338358 30- Jun -2010 337860 16- Jun -2010 337861 16- Jun -2010 338140 23- Jun -2010 338359 30- Jun -2010 337862 16- Jun -2010 338360 30- Jun -2010 337864 16- Jun -2010 338141 23- Jun -2010 338361 30- Jun -2010 337863 16- Jun -2010 338142 23- Jun -2010 337865 16- Jun -2010 338362 30- Jun -2010 337866 16- Jun -2010 338108 22- Jun -2010 338143 23- Jun -2010 338145 23- Jun -2010 338144 23- Jun -2010 337867 16- Jun -2010 338146 23- Jun -2010 338363 30- Jun -2010 337868 16- Jun -2010 337869 16- Jun -2010 338147 23- Jun -2010 338148 23- Jun -2010 338364 30- Jun -2010 338149 23- Jun -2010 338150 23- Jun -2010 338151 23- Jun -2010 338152 23- Jun -2010 338366 30- Jun -2010 337870 16- Jun -2010 338153 23- Jun -2010 337871 16- Jun -2010 337872 16- Jun -2010 337873 16- Jun -2010 338390 30- Jun -2010 338168 23- Jun -2010 338367 30- Jun -2010 338368 30- Jun -2010 338369 30- Jun -2010 337877 16- Jun -2010 338154 23- Jun -2010 338370 30- Jun -2010 338371 30- Jun -2010 337875 16- Jun -2010 337876 16- Jun -2010 338155 23- Jun -2010 338373 30- Jun -2010 Purpose MEMBERSHIP MATERIALS STORES /INVENTORY MATERIALS CONTRACT SERVICES; 2010- 215 -08 SERVICES REFUND WATER PYMT E REFUND 4411 & 4413 QUEEN ST CONTRACT SERVICES NF ARENA #t LEASES AND RENTS TRAVEUMILEAGE MATERIALS UTILITIES REFUND 5275 VICTORIA AVE SERVICES SERVICES GALE ARENA SERVICES SERVICES MATERIALS EQUIPMENT REFUND 5746 VALLEY WAY REFUND MATERIALS REFUND DAMAGE DEPOSIT BP -201( STORES /INVENTORY STORES /INVENTORY SAFETY FOOTWEAR MATERIALS SERVICES MATERIALS MATERIALS EQUIPMENT CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES SAFETY FOOTWEAR REFUND BP- 2010 -0623 DC CHRGS CONTRACT SERVICES CONVENTIOI CONSULTING SERVICES TRAVEUMILEAGE CONTRIBUTION TO BUILDING GRANT SERVICES REFUND CEMETERY PLOT RESELL MATERIALS MATERIALS MATERIALS SAFETY FOOTWEAR SAFETY FOOTWEAR SERVICES MAINTENANCE /REPAIRS MATERIALS CONTRACT SERVICES RE PEOPLE I SERVICES TRAVEUMILEAGE TRAINING ALL FC MATERIALS MATERIALS MATERIALS CONTRACT SERVICES SAFETY FOOTWEAR REFUND 5983 CLARK AVE SAFETY FOOTWEAR MAINTENANCE /REPAIRS SERVICES SERVICES MATERIALS MATERIALS REFUND 5900 DORCHESTER RD MAINTENANCE/REPAIRS MAINTENANCE /REPAIRS MAINTENANCE /REPAIRS SERVICES LEASES AND RENTS MATERIALS REFUND TAX REFUNDS Page 2 of 10 Amount 10,897.10 9,882.71 890.78 247.30 174,488.83 224.16 717.74 21,979.54 36.57 65.20 192.10 24.06 3,701.30 8,801.67 594.49 64.23 56.50 2,118.75 882.53 493.18 20.00 900.00 750.00 69.50 526.98 20.00 1,525.50 69.44 52.15 734.22 220.35 669.90 669.90 556.96 20.00 18,000.00 2,473, 504.05 14,143.26 33.00 600, 000.00 16,066.67 2,189.94 970.00 11, 449.38 1,869.18 646.67 20.00 20.00 1,608.06 1,830.82 178.17 1,105.65 504 00 200.00 1,197.00 242.50 150.00 315.00 20 00 1,685.00 20.00 6,799.94 399.00 2,084.85 27.12 681.93 3,337.31 102.38 269.06 3,467.20 1,039.90 1,680.00 4,145.41 506.28 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name CANAMED (STAMFORD) LTD CANNON HYGIENE CANADA LTD CANQUEST COMMUNICATIONS (WIRELESS) INC. CANTEC SECURITY SERVICES INC CARACCIOLO,CARMELO CARLETON UNIFORMS INC CARRIERE, RYAN CASA D ORO CATARACT COLLISION CENTRE CATARAQUI GRANITE CO. CEDAR INFRASTRUCTURE PRODUCTS INC CENTENNIAL CONCRETE (NIAGARA) INC CENTENNIAL CONCRETE (NIAGARA) INC CENTENNIAL CONCRETE (NIAGARA) INC CENTRAL COMMUNICATIONS CENTURY VALLEN CENTURY VALLEN CENTURY VALLEN CERIDIAN CANADA LTD CH2M HILL CANADA LTD CHAMBER OF COMMERCE NIAGARA FALLS CHARETTE,RHEAL CHARLAND,DENNIS CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHEW LANE FABRICATIONS CHU,KWOK YIU CIBC ELECTRONIC BANKING OPERATIONS CICCONE,FRANK CIMCO REFRIGERATION CIMCO REFRIGERATION CIT FINANCIAL LTD CIT FINANCIAL LTD CLUB ITALIA ORDER OF SONS OF ITALY CNM INC COGECO CABLE CANADA LP COGECO CABLE CANADA LP COGECO CABLE CANADA LP COMMISSIONAIRES COMMISSIONAIRES CONS SCOLAIRE DE DIST DU CENTRE SUD -OUEST CONS SCOLAIRE DE DIST CATHOLIQUE CENTRE SUD COPACABANA STEAKHOUSE CORPORATION OF THE CITY OF TIMMINS CORPORATION OF THE CITY OF WELLAND CORSARO,DANIEL COSENTINO,JENNIFER CRAWFORD & COMPANY (CANADA) INC CRAWFORD & COMPANY (CANADA) INC CROMBIE LEASEHOLDS LTD CRYDERMAN,GEORGE CUPE LOCAL 133 CURTIS GAIL DEVELOPMENT CORPORATION CUSHING,MARK D K TECHNICAL SERVICES INC D'AGOSTINO,ANGELA DAGENAIS,IVAN& DAGENAIS, CHRISTINE DALKE,DORIS DANYAAL ENTERPRISES LTD DARCH FIRE DAVIDSON,ANGELA DAVIDSON ENVIRONMENTAL DAVIS, WADE DELCAN CORPORATION DELCAN CORPORATION DELL CANADA INC DESIGN ELECTRONICS DESJARDINS FINANCIAL SECURITY C/O AVISON YOUNG DETENBECK,TOM DEURLOO,JOAN DICARLO,ANTHONY DIPIETRO,SAL& TARTAGLIA, CARMEN DIPIETRO,SALVATORE& DIPIETRO, MARY Cheque No. 337874 338372 338156 338157 337878 338158 338159 338374 338160 338375 338161 337879 338162 338376 338163 337880 338164 338377 337881 338378 337882 337883 337884 337885 338165 338379 338166 337886 338380 337887 337888 338381 337889 338382 337890 337891 337892 338169 338384 337893 338385 WIRE WIRE 338386 338387 338171 338170 338172 338173 338388 337895 338174 338175 337896 338176 338396 337897 338391 337898 337899 337900 338178 338177 337901 338179 338393 337902 338395 PROPEF 337903 338181 337904 338182 337906 337905 Cheque Date 16- Jun -2010 30- Jun -2010 23- Jun -2010 23- Jun -2010 16- Jun -2010 23- Jun -2010 23- Jun -2010 30- Jun -2010 23- Jun -2010 30- Jun -2010 23- Jun -2010 16- Jun -2010 23- Jun -2010 30- Jun -2010 23- Jun -2010 16- Jun -2010 23- Jun -2010 30- Jun -2010 16- Jun -2010 30- Jun -2010 16- Jun -2010 16- Jun -2010 16- Jun -2010 16- Jun -2010 23- Jun -2010 30 -Jun -2010 23- Jun -2010 16- Jun -2010 30- Jun -2010 16- Jun -2010 16- Jun -2010 30- Jun -2010 16 -Jun -2010 30- Jun -2010 16- Jun -2010 16- Jun -2010 16- Jun -2010 23- Jun -2010 30- Jun -2010 16- Jun -2010 30- Jun -2010 30- Jun -2010 30- Jun -2010 30 -Jun -2010 30- Jun -2010 23- Jun -2010 23- Jun -2010 23- Jun -2010 23- Jun -2010 30- Jun -2010 16- Jun -2010 23- Jun -2010 23- Jun -2010 16- Jun -2010 23- Jun -2010 30- Jun -2010 16- Jun -2010 30- Jun -2010 16- Jun -2010 16- Jun -2010 16- Jun -2010 23- Jun -2010 23- Jun -2010 16- Jun -2010 23- Jun -2010 30- Jun -2010 16- Jun -2010 30- Jun -2010 16- Jun -2010 23- Jun -2010 16- Jun -2010 23- Jun -2010 16- Jun -2010 16- Jun -2010 Purpose REFUND 4256 PORTAGE RD CONTRACT SERVICES MATERIALS CONTRACT SERVICES REFUND MATERIALS UNIFORMS REFUND - TUITION REIMBURSEMEN1 SERVICES EMPLOY EXCEL AWARD MAINTENANCE/REPAIRS SERVICES MATERIALS MATERIALS MATERIALS CONTRACT SERVICES SERVICES MATERIALS MATERIALS MATERIALS CONTRACT SERVICES CONTRACT SERVICES CHIPPAWA E SERVICES SAFETY FOOTWEAR SAFETY FOOTWEAR STORES /INVENTORY MATERIALS MATERIALS MATERIALS REFUND - 4617 - 4619 CRYSLER AVE REFUND TAX M MATTOLA 2725080C SAFETY FOOTWEAR MATERIALS MATERIALS LEASES AND RENTS LEASES AND RENTS SERVICES REFUND 3483 - 3551 PORTAGE RD SERVICES SERVICES SERVICES FIRESTATION #2 CONTRACT SERVICES SERVICES TAX LEVY TAX LEVY SERVICES EMPLOY EXCEL AWARD: REFUND - TRAINING CONTRACT SERVICES REFUND BA -AP10 -373 SERVICES -LEGAL TRANSCRIPT CONSULTING SERVICES CONSULTING SERVICES REFUND 3714 PORTAGE RD SAFETY FOOTWEAR PAYROLL REMITTANCE INV 13/10 REFUND 4025 DORCHESTER RD S REFUND LEADERSHIP TRAIN MAINTENANCE /REPAIRS REFUND 1 - 6075 DUNN ST REFUND PROP TAX OVERPYMT JUN SAFETY FOOTWEAR REFUND 6734 - 6758 LUNDY'S LANE MATERIALS EXPENSES REIMBURSEMENT MATERIALS SAFETY FOOTWEAR CONSULTING SERVICES SPR #271 CONSULTING SERVICES PHASE 2 COMPUTER MAINTENANCE/REPAIRS REFUND 4342 QUEEN ST TRAVEUMILEAGE T DETENBECK TF SAFETY FOOTWEAR SERVICES REFUND 4681 - 4685 QUEEN ST REFUND 4519 - 4525 QUEEN ST Page 3 of 10 Amount 1,769.78 264.60 5,864.25 767.76 20.00 180.80 485.62 150.00 1,204.58 2,114.76 2,142.48 5,294.40 2,225.54 1,986.55 367.50 99.98 71.42 251.61 4,725.00 5,584.95 36.75 20.00 20.00 244.22 272.17 3,661.67 644.10 700.54 41.10 20.00 5,182.21 1,016.91 3,119.49 3,796.80 500.00 9,624.48 594.85 441.48 262.60 20, 764.63 40,200.03 78,391.99 259, 723.44 450.00 375.00 121.70 750.00 6.05 1,745.40 990.00 1,322.94 150.00 8,654.41 972.10 50.00 236.25 929.54 860.39 20.00 2,993.52 666.46 126.69 136.50 150.00 11,550.00 9,030.00 19,737.60 337.65 55,057.88 200.00 20.00 600.00 450.92 162.68 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name DISTRICT SCHOOL BOARD OF NIAGARA DOMINION OF CANADA GENERAL INSURANCE COMPANY DOWNTOWN BOARD OF MANAGEMENT DRAFTING CLINIC CANADA LTD DUERKSEN,ANGELA DUN -MAP INC DUPUIS,ULY DUPUIS,ULY DYE & DURHAM E3 LABORATORIES E3 LABORATORIES ELLIS ENGINEERING INC EMCO CORPORATION EMCO CORPORATION EMCO CORPORATION EMPIRE LIFE INSURANCE COMPANY THE ENBRIDGE ENBRIDGE ENBRIDGE ENBRIDGE GAS DISTRIBUTION INC ENBRIDGE GAS DISTRIBUTION INC ENBRIDGE GAS DISTRIBUTION INC ENGINEERING CONCEPTS NIAGARA ENGINEERING CONCEPTS NIAGARA ENGINEERING CONCEPTS NIAGARA EQUIPMENT SPECIALIST INC EQUITY FOUR HOLDINGS INC ESCARPMENT PROPERTIES LTD ESPINOZA,FERNANDO& ESPINOZA, LAUREL EVANGELISTI,FRANK EVANOFF,VICTOR EVANS UTILITY SUPPLY LTD EVANS UTILITY SUPPLY LTD EVERLASTING IMPRESSIONS EVERLASTING IMPRESSIONS EVIN INDUSTRIES LTD FACCHIN,MARGHERITA & ZAPPITELLI, VIVIAN FAIELLA,EILEEN FALLS ELECTRIC INC FALLS ELECTRIC INC FALLSVIEW CASINO RESORT FAST,DAVID JOHN FASTENAL CANADA FASTENAL CANADA FASTENAL CANADA FERON,JEANNETTE FERRANTE,PRISCILLA FIEDOREK,BARBARA FIEDOREK,STANISLAW FIRE MONITORING OF CANADA INC FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLOWMETRIX TECHNICAL SERVICES INC FORLIN,KATHY FORMISANO,ADRIAN FORTUNA,JOHN FOSTER,DREW FRANK COWAN COMPANY LIMITED FRASER,LINDA FRETZ,LINDA GALES GAS BARS GALT MACHINE KNIFE & SAW GALT MACHINE KNIFE & SAW GAMMA - DYNACARE MEDICAL LABORATORIES GAULD NURSERIES LTD GAULD NURSERIES LTD GE CANADA EQUIPMENT FINANCING G P GENERAL AUTOMOTIVE ELECTRIC GLOBALSTAR CANADA SATELLITE CO GOFORTH,HANYA GOODMANS LLP BARRISTERS & SOLICITORS IN TRUST GORDON BANNERMAN LTD GOWLING LAFLEUR HENDERSON LLP Cheque No. Cheque Date WIRE 30- Jun -2010 337907 16- Jun -2010 338340 30- Jun -2010 338397 30- Jun -2010 337908 16- Jun -2010 337909 16- Jun -2010 337910 16- Jun -2010 338398 30- Jun -2010 338183 23- Jun -2010 337911 16- Jun -2010 338185 23- Jun -2010 338186 23- Jun -2010 337912 16- Jun -2010 338187 23- Jun -2010 338399 30- Jun -2010 338400 30- Jun -2010 337913 16- Jun -2010 338188 23- Jun -2010 338401 30- Jun -2010 337914 16- Jun -2010 338189 23- Jun -2010 338402 30- Jun -2010 337915 16- Jun -2010 338190 23- Jun -2010 338403 30- Jun -2010 337916 16- Jun -2010 337917 16- Jun -2010 337918 16- Jun -2010 337919 16- Jun -2010 338191 23- Jun -2010 337920 16- Jun -2010 337921 16- Jun -2010 338192 23- Jun -2010 338193 23- Jun -2010 338404 30- Jun -2010 338405 30- Jun -2010 337922 16- Jun -2010 337923 16- Jun -2010 338194 23- Jun -2010 338407 30- Jun -2010 338406 30- Jun -2010 337924 16- Jun -2010 337925 16- Jun -2010 338195 23- Jun -2010 338408 30- Jun -2010 337926 16- Jun -2010 337927 16- Jun -2010 337928 16- Jun -2010 337929 16- Jun -2010 338196 23- Jun -2010 337930 16- Jun -2010 338197 23- Jun -2010 338409 30- Jun -2010 338198 23- Jun -2010 337931 16- Jun -2010 337932 16- Jun -2010 337933 16- Jun -2010 338199 23- Jun -2010 338200 23- Jun -2010 337934 16- Jun -2010 337935 16- Jun -2010 338201 23- Jun -2010 338202 23- Jun -2010 338410 30- Jun -2010 338203 23- Jun -2010 338204 23- Jun -2010 338411 30- Jun -2010 337936 16- Jun -2010 338412 30- Jun -2010 337938 16- Jun -2010 338414 30- Jun -2010 338098 17- Jun -2010 337939 16- Jun -2010 338205 23- Jun -2010 Purpose TAX LEVY MATERIALS REMITTANCE BIA LEVY ADV 2 CONTRACT SERVICES TRAVEUMILEAGE ADVERTISING TRAVEUMILEAGE TRAVEUMILEAGE MATERIALS CONTRACT SERVICES CONTRACT SERVICES CONSULTING SERVICES MATERIALS MATERIALS MATERIALS REMITTANCE JUN PREMIUMS FOR / UTILITIES UTILITIES UTILITIES MAINTENANCE/REPAIRS REFUND REFUND TAX APPEAL REFUND CONTRACT SERVICES RINC PROG. CONSULTING SERVICES PROG BILL CONSULTING SERVICES PROG BILL CONTRACT SERVICES REFUND 6980 -7000 MCLEOD RD REFUND - 4635 QUEEN ST REFUND - 4337 FOURTH AVE REFUND LEADERSHIP TRAINING TRAVEUSAFETY FOOTWEAR MATERIALS MATERIALS MATERIALS SERVICES 5227 MAPLE ST MATERIALS REFUND 7361 PIN OAK DR SAFETY FOOTWEAR MAINTENANCE /REPAIRS MAINTENANCE/REPAIRS SERVICES EMPLOY EXCEL AWARD: REFUND 4162 PORTAGE RD MATERIALS MATERIALS MATERIALS REFUND REFUND REFUND- 4532 ZIMMERMAN REFUND 4257 PARK ST SERVICES MATERIALS MATERIALS MATERIALS MAINTENANCE /REPAIRS TRAVEUMILEAGE REFUND - 4537 SECOND AVE SAFETY FOOTWEAR TRAVEUMILEAGE TRAINING ALLOW SERVICES SAFETY FOOTWEAR SAFETY FOOTWEAR FUEL SERVICES MATERIALS SERVICES SERVICES MATERIALS LEASES AND RENTS MATERIALS SERVICES TRAVEUMILEAGE MATERIALS MATERIALS CONSULTING SERVICES Page 4 of 10 Amount 6,752,539.24 2,316.63 20,000.00 332.31 124.50 1,271.25 264.50 94.50 92.65 1,917.45 1,857.60 8,972.20 1,638.66 588.85 2,207.47 37, 073.78 1,422.92 1,454.94 203.30 9,612.49 510.26 2,711.49 3,412.50 1,750.88 5,481.00 6,328 00 8,882.06 5,457.86 3,342.52 50.00 128.00 16,233.51 761.62 195.30 292.95 201.16 2,693.29 20 00 4,905.48 1,529.99 150.00 409.95 1,762.61 346.68 1,535.54 20.00 20.00 944.37 288.99 345.78 78.05 173.33 605.49 366.84 90.00 1,219.01 20.00 200.00 5,375.00 7.50 20.00 207.00 369.51 135.60 10.50 2,325.00 1,808.00 1,000.05 294.37 139.89 95 00 10,500.00 458.30 11,181.52 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name GRAVELLE,DON GRAVELLE,MIKE GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GREATER NIAGARA GENERAL HOSPITAL EQUIPMENT FUND GREENFIELD GROUP LTD GREENLAWN GREENLAWN GREIF BROS CANADA INC GREY ISLAND SYSTEMS INC GREY ISLAND SYSTEMS INC GRIFFITHS,DAVID GRINDLAY,PATRICK GROUND AERIAL MAINTENANCE LTD GROUND AERIAL MAINTENANCE LTD GT FRENCH PAPER LIMITED GT FRENCH PAPER LIMITED H.G, CRAWFORD DEVELOPMENTS INC HACHEY,DARLENE HAGAN, DAVI D HAGEN,MARY HALCO MOBILE MFG SALES & SERVICE INC NALCO MOBILE MFG SALES & SERVICE INC HALCO MOBILE MFG SALES & SERVICE INC HALF WAY SAND PIT LIMITED HALLIGAN,SAMUEL HAMDANI DRY CLEANERS LTD HAMILTON DIGITAL DESIGNS LTD HANA AMERICA CORPORATION HARPER POWER PRODUCTS INC HENLER INVEST LTD BELMER INVESTMENTS LTD HERTZ EQUIPMENT RENTAL HILLSIDE HOLDINGS INC HODGSON,BEVERLY HUSSEY,SHIRLEY ICECO ADVANCED ARENA PRODUCTS ICECO ADVANCED ARENA PRODUCTS ICI CANADA INC INDEPENDENT SUPPLY CO LTD INDUSTRIAL SAFETY EQUIPMENT CO LTD INGRAM,DARLENE IRON MOUNTAIN CANADA CORP J & B PROCESS SERVING INC JACKET CELLAR THE JACKET CELLAR THE JACKSON,JEFFREY JANSSEN,DEREK JAX COMMERCIAL FITNESS EQUIPMENT REPAIR JESSOP,JIM JESSOP,JIM JMR SOFTWARE SYSTEMS JUDSON,PATRICIA KAGAN SHASTRI BARRISTERS & SOLICITORS IN TRUST KAINE,MARK KAN DU POOLS LTD KAPLE,JEROME KARGO PROPERTIES INC KELLY DIGS LANDSCAPING KENMORE DEVELOPMENTS KERRY T HOVVE ENGINEERING LTD KLEIN BUILDING COMPANY LIMITED KRAUN ELECTRIC SERVICE KRAWCZYK CONSTRUCTION MAINTENANCE KRAWCZYK CONSTRUCTION MAINTENANCE KRONSTEIN,MARK LAKE'S MAINTENANCE LAKES MAINTENANCE LANTANA HOLDINGS INC LAPP - HANCOCK ASSOCIATES LTD LEMAY,GERALD LEMON,BLAIR LIFESAVING SOCIETY LIFESAVING SOCIETY Cheque No. Cheque Date 337940 16- Jun -2010 337941 16- Jun -2010 337942 16- Jun -2010 338206 23- Jun -2010 338415 30- Jun -2010 338207 23- Jun -2010 338416 30- Jun -2010 338208 23- Jun -2010 338417 30- Jun -2010 337943 16- Jun -2010 337944 16- Jun -2010 338209 23- Jun -2010 337945 16- Jun -2010 337946 16- Jun -2010 338210 23- Jun -2010 338418 30- Jun -2010 337947 16- Jun -2010 338419 30- Jun -2010 337894 16- Jun -2010 337948 16- Jun -2010 337949 16- Jun -2010 337950 16- Jun -2010 337951 16- Jun -2010 338211 23- Jun -2010 338420 30- Jun -2010 338212 23- Jun -2010 337952 16- Jun -2010 337953 16- Jun -2010 338421 30- Jun -2010 337954 16- Jun -2010 338213 23- Jun -2010 337955 16- Jun -2010 338214 23- Jun -2010 337956 16- Jun -2010 338422 30- Jun -2010 337957 16- Jun -2010 338215 23- Jun -2010 338423 30- Jun -2010 337958 16- Jun -2010 338424 30- Jun -2010 337959 16- Jun -2010 338216 23- Jun -2010 338425 30- Jun -2010 338220 23- Jun -2010 338217 23- Jun -2010 338426 30- Jun -2010 337960 16- Jun -2010 338218 23- Jun -2010 338219 23 -Jun -2010 337961 16- Jun -2010 338427 30- Jun -2010 337962 16 -Jun -2010 337963 16- Jun -2010 338221 23- Jun -2010 337964 16- Jun -2010 338428 30- Jun -2010 337965 16- Jun -2010 337966 16- Jun -2010 338222 23- Jun -2010 338223 23- Jun -2010 338224 23- Jun -2010 338225 23- Jun -2010 337967 16- Jun -2010 338226 23- Jun -2010 338429 30- Jun -2010 337968 16- Jun -2010 337969 16- Jun -2010 338227 23- Jun -2010 337970 16 -Jun -2010 338228 23- Jun -2010 337971 16- Jun -2010 338430 30- Jun -2010 337973 16- Jun -2010 338432 30- Jun -2010 Purpose SAFETY FOOTWEAR SAFETY FOOTWEAR MATERIALS MATERIALS MATERIALS PAYROLL REMITTANCE INV 13/10 SERVICES GRASS CUTTING - SODO SERVICES SERVICES REFUND 4215 - 4221 PARK ST MATERIALS MATERIALS SAFETY FOOTWEAR SAFETY FOOTWEAR SERVICES CONTRACT SERVICES MATERIALS MATERIALS REFUND 4065 STANLEY AVE #2 SAFETY FOOTWEAR SAFETY FOOTWEAR SAFETY FOOTWEAR SERVICES SERVICES SERVICES MATERIALS SAFETY FOOTWEAR REFUND 6595 DRUMMOND RD CONTRACT SERVICES PC #1 REFUND 6158 ALLENDALE AVE MAINTENANCE /REPAIRS REFUND 0000 STAMFORD ST LEASES AND RENTS REFUND 5481 - 5845 FERRY ST REFUND APPEAL TAX REFUND SAFETY FOOTWEAR MATERIALS MATERIALS STORES /INVENTORY MATERIALS MATERIALS REFUND BP- 2010 -0280 SERVICES SERVICES MATERIALS MATERIALS TRAVEUMILEAGE TRAVEUMILEAGE TRAIN ALL FSA -1( MAINTENANCE /REPAIRS TRAVEUMILEAGE TRAVEUMILEAGE SERVICES REFUND CONSULTING SERVICES MATERIALS MATERIALS SAFETY FOOTWEAR MATERIALS CONTRACT SERVICES REFUND CONSULTING SERVICES MATERIALS CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES TRAVEUSAFETY FOOTWEAR MATERIALS CONTRACT SERVICES MATERIALS CONSULTING SERVICES SAFETY FOOTWEAR MATERIALS MATERIALS MATERIALS Page 5 of 10 Amount 20.00 20.00 1,059.38 1,922.31 898.94 32.40 598.50 773.27 257.25 481.97 350.30 4,073.79 20.00 20.00 926.53 19, 057.44 2,212.23 290.07 1,566.89 20.00 20.00 20.00 1,069.05 1,243.00 621.50 1,172.38 20.00 1,452.39 49, 564.45 2,394.43 1,291.21 3,196.33 629.41 4,525.75 132.54 20.00 5,397.77 9,001.41 411.09 102.19 300.00 750.00 753.12 36.75 13, 586.32 2,119.89 52.00 200.00 322.05 120.90 144.58 1,207.50 20.00 2,327.98 399.55 322.81 20.00 919.04 16,352.45 777.38 47.25 7,731.14 35,720.55 3,045.00 3,255.00 122.00 472.98 564.90 4,373.72 17,797.50 20.00 100.00 88.00 41.22 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name LIGHTNING EQUIPMENT SALES LTD LIPPERT & WRIGHT FUELS INC LIPPERT & WRIGHT FUELS INC LUNDY'S LANE PORTFOLIO INC M & L SUPPLY FIRE AND SAFETY M J DUMONT ENTERPRISES LTD M J DUMONT ENTERPRISES LTD MACAULAY,ROBERT MALIVOIRE,BAILEE MANNING,JENNIFER MANOR CLEANERS MARINE CLEAN LTD MARTENS,TOM MARTIN SHEPPARD FRASER LLP IN TRUST MARTY'S MENS WEAR MATTHEWS CAMERON HEYWOOD KERRY T HOWE SURVEYING MATTHEWS CANADA LTD MATTIE,RONNIE MAVES,DIANE MCBURNEY DURDAN HENDERSON & CORBETT MCBURNEY DURDAN HENDERSON & CORBETT MCCOLL BUNDY LIMITED MCCONNELL,LUCILLE MCDONALD DANIEL J IN TRUST MCGEE MARKING DEVICES MCKELLAR,THERESA MCNAMARA,SUSAN MCRAE,LEN MEGA -LAB MANUFACTURING CO. LTD MERIT CONTRACTORS NIAGARA MERLINO,RICH MERRITT,DOUGLAS JAMES MHPM PROJECT MANAGERS INC MICHITSCH,HERB MIELE,PETER& MIELE, FRANK MIGNELLI,CARMEN MINGLE,JAMES JR& JONCAS, PATTI MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE - WELLAND SMALL CLAIMS COURT MINISTRY OF TRANSPORTATION MINISTRY OF ATTORNEY GENERAL MIRABELLI,SAM MISTER CHEMICAL LTD. MODERN LANDFILL INC MONTAGUE,ROSE MOON,BILL MOORE- TOWERS,KIRSTEN MORIYAMA & TESHIMA ARCHITECTS MORSE & SON LIMITED MOSCOVITCH,DYLAN MOSS,HIRRELL MR QUICK SOFT CLOTH MULLER'S WORKWEAR MULLER'S WORKWEAR MUNICIPAL ASSOCIATES INC MUNICIPAL RISK SERVICES LTD MURAWSKI,CHESTER MUSSARI,TOM NEON BY -ONYX LTD NEW WAY MARKET (NIAGARA FALLS) LTD NEW WAY MARKET (NIAGARA FALLS) LTD NGUYEN,NHAN VAN& NGUYEN, DUC THI NIAGARA BATTERY & TIRE NIAGARA BATTERY & TIRE NIAGARA BLOCK INC NIAGARA CATHOLIC DISTRICT SCHOOL BOARD NIAGARA CHAIR A VAN NIAGARA COMMUNITY NEWSPAPERS NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS ART GALLERY Cheque No. Cheque Date 338433 30- Jun -2010 337974 16- Jun -2010 338434 30- Jun -2010 337975 16- Jun -2010 338247 23- Jun -2010 337992 16- Jun -2010 338442 30- Jun -2010 338230 23- Jun -2010 338336 29- Jun -2010 338232 23- Jun -2010 338233 23- Jun -2010 338234 23- Jun -2010 337976 16- Jun -2010 338235 23- Jun -2010 338236 23- Jun -2010 337977 16- Jun -2010 337978 16- Jun -2010 338237 23- Jun -2010 337979 16- Jun -2010 337804 11- Jun -2010 338437 30- Jun -2010 337980 16- Jun -2010 337981 16- Jun -2010 338238 23- Jun -2010 337982 16- Jun -2010 337983 16- Jun -2010 337984 16- Jun -2010 338239 23- Jun -2010 337985 16- Jun -2010 337986 16- Jun -2010 338438 30- Jun -2010 337987 16- Jun -2010 338240 23- Jun -2010 338241 23- Jun -2010 337988 16- Jun -2010 338242 23- Jun -2010 337989 16- Jun -2010 337990 16- Jun -2010 337991 16- Jun -2010 338244 23- Jun -2010 338245 23- Jun -2010 338326 23- Jun -2010 338246 23- Jun -2010 338243 23- Jun -2010 338440 30- Jun -2010 338441 30- Jun -2010 338248 23- Jun -2010 337993 16- Jun -2010 337994 16- Jun -2010 338443 30- Jun -2010 337995 16- Jun -2010 337996 16- Jun -2010 338444 30- Jun -2010 337997 16- Jun -2010 338249 23- Jun -2010 337998 16- Jun -2010 338250 23- Jun -2010 337999 16- Jun -2010 338445 30- Jun -2010 338000 16- Jun -2010 338251 23- Jun -2010 338001 16- Jun -2010 338105 17- Jun -2010 338106 17- Jun -2010 338003 16- Jun -2010 338252 23- Jun -2010 338253 23- Jun -2010 338254 23- Jun -2010 WIRE 30- Jun -2010 338255 23- Jun -2010 338005 16- Jun -2010 338258 23- Jun -2010 338259 23- Jun -2010 338256 23- Jun -2010 Purpose MATERIALS FUEL FUEL REFUND MATERIALS CONTRACT SERVICES MATERIALS GRANT AWARD EE COMPUTER PURCHASE MATERIALS MATERIALS MATERIALS CONSULTING SERVICES MATERIALS CONTRACT SERVICES MATERIALS SAFETY FOOTWEAR SAFETY FOOTWEAR MATERIALS CONSULTING SERVICES MATERIALS TRAVEUSAFETY FOOTWEAR REFUND MATERIALS MATERIALS TRAVEUSAFETY FOOTWEAR SERVICES MATERIALS CONTRACT SERVICES MATERIALS REFUND CONTRACT SERVICES MATERIALS REFUND 6537 KISTER RD REFUND MATERIALS REMITTANCE REMITTANCE PAYROLL REMITTANCE INV 13 -10 PAYROLL REMITTANCE INV 13 -10 El PAYROLL REMITTANCE INV 13/10 COURT COSTS PAYROLL REMITTANCE INV 13/10 REFUND MATERIALS CONTRACT SERVICES SAFETY FOOTWEAR SAFETY FOOTWEAR MATERIALS CONTRACT SERVICES MATERIALS MATERIALS SAFETY FOOTWEAR MATERIALS UNIFORMS UNIFORMS CONTRACT SERVICES CONSULTING SERVICES SAFETY FOOTWEAR PETTY CASH REFUND MATERIALS MATERIALS MATERIALS SERVICES SERVICES MATERIALS TAX LEVY GRANT ADVERTISING PAYROLL REMITTANCE PAYROLL REMITTANCE INV 13/10 GRANT Page 6 of 10 Amount 123.74 36, 787.02 30,386.38 13,436.91 3,244.14 782.91 138.99 50.00 1,500.00 300.00 68.57 3,323.69 20.00 13,401.42 147.46 1,519.43 1,213.33 150.00 20.00 765.00 866.03 633.46 122.00 1,003.30 1,097.09 904.34 122.00 180.00 767.27 19,136.25 3,131.89 12.78 11, 099.35 200.00 2,603.64 396.38 363.79 5,119.30 124.89 3,659.86 58, 658.19 498.30 14, 355.00 2,273.66 132.20 693.86 2,439.34 20.00 124.29 400.00 99, 855.00 1,032.88 400.00 20.00 189.00 470.08 325.44 3,350.00 258.00 20.00 160.05 1,747.80 1,070.89 867.81 370.98 327.78 9,420.33 28.53 3,566,323.57 33,202.33 399.53 6,785.10 6,351.11 2,250.00 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS TOURISM NIAGARA HEALTH SYSTEM NIAGARA INDUSTRIAL FINISHES NIAGARA INDUSTRIAL FINISHES NIAGARA OCCUPATIONAL HEALTH SERVICES NIAGARA ON THE LAKE FIRE & EMERGENCY SERVICES NIAGARA PARKS COMMISSION NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PLUMBING SUPPLY COMPANY LIMITED NIAGARA REGION CHILDREN'S SAFETY VILLAGE NIAGARA REGIONAL BROADBAND NETWORK NIAGARA REGIONAL POLICE SERVICE NIAGARA REGIONAL POLICE SERVICE NIAGARA REGIONAL TOWING NIAGARA REGIONAL TOWING NIAGARA RUBBER SUPPLY INC NIAGARA SPRING SERVICE LTD NIAGARA THIS WEEK NIAGARA THIS WEEK NIAGARA UNITED ENTERPRISE LTD NIAGARA VIDEO PRODUCTIONS NIAGARA.COM NIELSEN'S MAINTENANCE (1999) LTD NORRIS,STEVE NORSTAN RESORTS INC O'HARA TRUCKING & EXCAVATING OCE- CANADA INC OCE- CANADA INC OHS CANADA MAGAZINE OMERS ONTARIO LIBRARY ASSOCIATION /CELPLO ONTARIO POWER GENERATION INC ONTARIO REALTY CORPORATION OVERLAND CUSTOM COACH (2007) INC. PALMER,WENDALL PAMBOOKIAN INDUSTRIES LTD PAPAVASILIOU,TOM& PAPAVASILIOU, GEORGE PEAK TECHNOLOGIES CANADA PENINSULA ABSTRACT INC PENINSULA ABSTRACT INC PENINSULA PEST CONTROL LTD PENINSULA PURE WATER PENINSULA TOWING & RECOVERY INC PENINSULA TOWING & RECOVERY INC PENINSULA TOWING & RECOVERY INC PENTACRON INVESTMENTS LIMITED PERRI,PASQUALE PETERS EXCAVATING INC PETRO - CANADA PETRO- CANADA PETRO- CANADA PHILLIPS,GERALD PINERIDGE TREE SERVICE LTD PLAYPOWER LT CANADA INC T44069C POORTINGA,MORGAN PORT DRUMMOND LTD PORTAGE BAKERY LIMITED PORTER,GAIL POST FOODS CANADA CORP POTALIVO,TONY PRACTICA LTD PRAXAIR PRAXAIR PRECISION CURB CUTTING LTD PROJECT SHARE PROVINCIAL CONSTRUCTION (NIAGARA FALLS) LTD PSECO INC PTASHNYK,MIKE Cheque No. Cheque Date 338257 23- Jun -2010 338260 23- Jun -2010 338006 16- Jun -2010 338007 16- Jun -2010 338261 23- Jun -2010 338447 30- Jun -2010 338448 30- Jun -2010 338008 16- Jun -2010 338009 16- Jun -2010 338010 16- Jun -2010 338262 23- Jun -2010 338263 23- Jun -2010 338449 30- Jun -2010 338450 30- Jun -2010 338451 30- Jun -2010 338453 30- Jun -2010 338264 23- Jun -2010 338265 23- Jun -2010 338452 30- Jun -2010 338011 16- Jun -2010 338266 23- Jun -2010 338012 16- Jun -2010 338454 30- Jun -2010 338267 23- Jun -2010 338455 30- Jun -2010 338013 16- Jun -2010 338456 30- Jun -2010 338004 16- Jun -2010 338014 16 -Jun -2010 338457 30- Jun -2010 338015 16- Jun -2010 338460 30- Jun -2010 338268 23- Jun -2010 338459 30- Jun -2010 338269 23- Jun -2010 337805 11- Jun -2010 338016 16- Jun -2010 338017 16- Jun -2010 338180 23 -Jun -2010 338461 30- Jun -2010 338270 23- Jun -2010 338018 16- Jun -2010 338019 16- Jun -2010 338020 16 - Jun - 2010 338272 23- Jun -2010 338464 30- Jun -2010 338462 30- Jun -2010 338021 16- Jun -2010 338022 16- Jun -2010 338271 23- Jun -2010 338463 30- Jun -2010 338023 16- Jun -2010 338465 30- Jun -2010 338273 23 -Jun -2010 338024 16- Jun -2010 338274 23- Jun -2010 338466 30- Jun -2010 338025 16- Jun -2010 338275 23- Jun -2010 338467 30- Jun -2010 338337 29- Jun -2010 338026 16- Jun -2010 338468 30- Jun -2010 338027 16- Jun -2010 338469 30- Jun -2010 338276 23- Jun -2010 338277 23- Jun -2010 338028 16- Jun -2010 338278 23- Jun -2010 338029 16- Jun -2010 338279 23- Jun -2010 338030 16- Jun -2010 338031 16- Jun -2010 338280 23- Jun -2010 Purpose GRANT GRANT MATERIALS CONTRACT SERVICES CONTRACT SERVICES SERVICES REFUND CONTRACT SERVICES WATER TSF UTILITIES WATER TSF UTILITIES WATER TSF UTILITIES MATERIALS CONTRACT SERVICES COMPUTER CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS ADVERTISING ADVERTISING MATERIALS MATERIALS CONTRACT SERVICES MATERIALS ENTERTAINMENT -GALE CENTRE MATERIALS MATERIALS MATERIALS MATERIALS SUBSCRIPTION PAYROLL REMITTANCE COMPUTER PROGRAM - CELPLO - 11 CONTRACT SERVICES LEASES AND RENTS MATERIALS REFUND REFUND 5850 DON MURIE ST MATERIALS CONTRACT SERVICES MATERIALS MATERIALS SERVICES MATERIALS CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES REFUND MATERIALS CONTRACT SERVICES FUEL FUEL FUEL SAFETY FOOTWEAR CONTRACT SERVICES MATERIALS AWARD MATERIALS MATERIALS TRAVEL/MILEAGE MATERIALS GRANT MATERIALS MATERIALS MATERIALS CONTRACT SERVICES GRANT CONTRACT SERVICES MATERIALS MATERIALS Page 7 of 10 Amount 37, 711.83 30,000.00 45.00 4,798.66 1,642.63 972.00 45.00 5,000.00 15, 598.51 1,689.49 8,470.89 4,611.32 9,597.77 109, 948.38 150.64 4,172.00 2,943.96 35.00 35.00 147.00 29.40 198.34 466.13 225.54 278.25 4,200.72 791.00 12.60 36.79 800.00 16,088.57 7,570.25 341.21 580.19 100.28 1,292 87 10, 575.60 3,141.40 7,375.86 89,678.08 600.00 333.00 762.11 2,645.71 54.13 37.20 52.50 100.00 89.25 99.75 68.25 1,267.91 150.00 93,782.34 40,162.90 21,951.69 44,369.73 20.00 16,372.13 1,518.72 1,000.00 3,999.17 240.00 70.50 5,415.54 50.00 2,829.21 112.29 176.54 526.85 24, 866.67 164,913.18 147.83 200.00 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name PUROLATOR COURIER PUROLATOR COURIER PUROLATOR COURIER QUIZNOS SUB R & W HOIST REPAIRS LTD R W HAMILTON LTD RAIMONDO & ASSOCIATES ARCHITECTS INC RANKIN CONSTRUCTION INC RANKIN CONSTRUCTION INC RAVEN,BONNIE REALTAX INC RECEIVER GENERAL RED LOBSTER REDMAN,BRITTANY REGIONAL APPRAISALS INC. REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA RENNIE,GEORGE RIDLEY & ASSOCIATES APPRAISAL SERVICES LIMITED RIGG MOONEY MONUMENTS RIVER REALTY DEVELOPMENT (1976) INC ROBBINS,JANE ROBBINS,RICHARD RODGERS,MIKE ROGERS WIRELESS INC ROMIC RETAIL SYSTEMS LIMITED ROSSI,BARB ROTHSAY RRVP (NIAGARA SQ. INC) C/O RIOCAN PROPERTY SERVICES RRVP (NIAGARA SQ. INC) C/O RIOCAN PROPERTY SERVICES RYAN,MARK& RYAN, ADRIANA S & H MAINTENANCE S & H MAINTENANCE SACCO,SAVERIO& SACCO, PAULINE SACCO CONSTRUCTION LTD SAFEDESIGN APPAREL LTD SAFETY KLEEN CANADA INC SAINT GOBAIN CERAMIC MATERIALS CANADA INC SALCI,TED SANDSTONE GRILL HOUSE SCOTT,JOANNE SCOZZAFAVA,SAM SEAWAY HOSE & HYDRAULICS LTD SERVICE ONTARIO PUBLICATIONS SERVICEMASTER CLEAN OF NIAGARA SEYMOUR,COLIN SHARP,BRIAN SHARPE,JOHN SHERRITT INTERNATIONAL CORPORATION SHERWIN WILLIAMS SHERWIN WILLIAMS SHIHORA,DHANRAJ V& SHIHORA, ILAKUMARI D SHRED IT KITCHENER SHRED IT KITCHENER SIDOFF,ROBERT SIX CARD SOLUTIONS USA CORP B9257 SKYLON TOWER SNYDER,BILL SPEARE SEEDS SPECIAL EVENT RENTALS SPECIAL OCCASIONS ST JOHN AMBULANCE ST SAGA HOLDINGS INC STANCO SIGNS AND PROMOTIONS STIEFEL,ROLF STITCH IT CANADA'S TAILOR STORAGE NIAGARA STORJOHANN,JOHN& STORJOHANN, DEBBIE STREAMLINE STRONGCO EQUIPMENT Cheque No. Cheque Date 338033 16- Jun -2010 338281 23- Jun -2010 338471 30- Jun -2010 338472 30- Jun -2010 338044 16- Jun -2010 338043 16- Jun -2010 338473 30- Jun -2010 338282 23- Jun -2010 338474 30- Jun -2010 338034 16- Jun -2010 338035 16- Jun -2010 338283 23- Jun -2010 338475 30- Jun -2010 338338 29- Jun -2010 338286 23- Jun -2010 338284 23- Jun -2010 338285 23- Jun -2010 338476 30- Jun -2010 WIRE 16- Jun -2010 WIRE 30- Jun -2010 WIRE 28- Jun -2010 338036 16- Jun -2010 338037 16- Jun -2010 338287 23- Jun -2010 338038 16- Jun -2010 338039 16- Jun -2010 338040 16- Jun -2010 338288 23- Jun -2010 338041 16- Jun -2010 338289 23- Jun -2010 338290 23- Jun -2010 338477 30- Jun -2010 338042 16- Jun -2010 338291 23- Jun -2010 338292 23- Jun -2010 338045 16- Jun -2010 338478 30- Jun -2010 338107 17- Jun -2010 338046 16- Jun -2010 338293 23- Jun -2010 338479 30- Jun -2010 338047 16- Jun -2010 338048 16- Jun -2010 338480 30- Jun -2010 338049 16- Jun -2010 338050 16- Jun -2010 338294 23- Jun -2010 338296 23- Jun -2010 338295 23- Jun -2010 338297 23- Jun -2010 338298 23- Jun -2010 338481 30- Jun -2010 338299 23- Jun -2010 338052 16- Jun -2010 338482 30- Jun -2010 338053 16- Jun -2010 338054 16- Jun -2010 338300 23- Jun -2010 338055 16- Jun -2010 338301 23- Jun -2010 338483 30- Jun -2010 338056 16- Jun -2010 338302 23- Jun -2010 338485 30- Jun -2010 338484 30- Jun -2010 338303 23- Jun -2010 338060 16- Jun -2010 338057 16- Jun -2010 338058 16- Jun -2010 338059 16- Jun -2010 338305 23- Jun -2010 338306 23- Jun -2010 338486 30- Jun -2010 338487 30- Jun -2010 Purpose COURIER COURIER COURIER MATERIALS MATERIALS MATERIALS CONTRACT SERVICES MATERIALS CONTRACT SERVICES SAFETY FOOTWEAR CONTRACT SERVICES PAYROLL REMITTANCE INV 13/10 SERVICES EMPLOY EXCEL AWARD AWARD CONTRACT SERVICES CONTRACT SERVICES MATERIALS CONTRACT SERVICES DEBT 61 -2005 MAY WATER DEBT 77 -2002 SAFETY FOOTWEAR CONTRACT SERVICES CONTRACT SERVICES REFUND SAFETY FOOTWEAR SAFETY FOOTWEAR MATERIALS CONTRACT SERVICES CONTRACT SERVICES REFUND MATERIALS REFUND 7555 MONTROSE RD REFUND REFUND CONTRACT SERVICES CONTRACT SERVICES MATERIALS CONTRACT SERVICES MATERIALS MATERIALS REFUND 8001 DALY ST TRAVEUMILEAGE SERVICES EMPLOY EXCEL AWARD SAFETY FOOTWEAR SAFETY FOOTWEAR MATERIALS MATERIALS CONTRACT SERVICES MATERIALS GRANT CONTRACT SERVICES MATERIALS MATERIALS MATERIALS REFUND 6100 PROGRESS ST CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS SERVICES EMPLOY EXCEL AWARD SAFETY FOOTWEAR MATERIALS MATERIALS MATERIALS GRANT MATERIALS ADVERTISING MATERIALS MATERIALS MATERIALS REFUND MATERIALS MATERIALS Page 8 of 10 Amount 72.18 28.12 79.71 380.91 20.79 365.85 70, 586.33 94.92 12, 544.88 20.00 6,187.32 472, 011.28 150.00 500.00 2,908.50 1,451.25 500.00 8,006.66 157, 247.00 1,988,315.01 353, 578.75 20.00 6,599.46 325.50 5,358.13 20.00 20.00 200.00 2,610.76 292.73 322.20 67.80 128,320.96 14,468.94 45.76 407.84 1,520.54 1,074.02 5,250.00 48.24 2,058.00 3,763.84 1,155.00 150.00 20.00 5.00 905.36 224.04 1,417.50 76.92 50 00 140.00 3,515.40 1,092.56 73.20 905.30 169.72 76.68 1,115.96 161.45 150.00 20.00 1,156.84 207.92 153.68 2,491.67 2,165.32 1,404.71 2,276.87 111.34 384.20 220.15 50.85 1,033.05 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name STUART, DAVE SULLIVAN MAHONEY SULLIVAN MAHONEY SUN LIFE ASSURANCE COMPANY OF CANADA - BILLING AND CO SUPERIOR PROPANE INC SUPERIOR PROPANE INC T & C HOLDINGS LIMITED T & C HOLDINGS LIMITED TALK WIRELESS INC TALK WIRELESS INC TAMM COMMUNICATIONS INC TAMM COMMUNICATIONS INC TD CANADA TRUST 5172 TEKSIGN INC TELUS COMMUNICATIONS COMPANY TELUS MOBILITY TERRA NIAGARA INC. TESKEY,BERNADETTE THE KEG THE MAGIC OF GREG FREWIN THE PRINTING HOUSE LTD THE PRINTING HOUSE LTD THE PRINTING HOUSE LTD THE REVIEW THISTLEWAITE YARDWORKS THISTLEWAITE YARDWORKS THOMAS,LAURA THOROLD STONE COMMERCIAL PROPERTIES LTD THOROWEST PLAZA LTD THUNDERING WATERS GOLF CLUB THYSSENKRUPP ELEVATOR TORONTO STAMP INC TOUCHSTONE SITE CONTRACTORS TRANSAXLE PARTS (HAMILTON) INC. TRAPASSO,JUDY TURF CARE PRODUCTS CANADA LIMITED TYNDALL,MARION UNGER,ESTELA UNITED WAY UPPER CANADA CONSULTANTS URBAN & ENVIRONMENTAL MANAGEMENT INC VACCARO,GINO NICHOLAS VADIM COMPUTER MANAGEMENT GROUP LTD VALUE MUFFLER & BRAKE CENTRE VECTOR TOOLING VERROCHE,KEVIN VQUIP WAJAX INDUSTRIES WALK ON DUST CONTROL WALK ON DUST CONTROL WALKER AGGREGATES INC WALKER AGGREGATES INC WALKER AGGREGATES INC WALSH,JOHN WALS H, MARIA WANG,XIZO YUAN WARMAN,THOMAS WARREN,DEBBIE WARREN SOLARIUMS INC WASHINGTON,WES WASTE MANAGEMENT WATERS,RON WELDDARE METAL WORKS LTD WESCO DISTRIBUTION CANADA INC WFS LTD WHAN,HOWARD WHEELER,SUE WINTER FESTIVAL OF LIGHTS WOMEN'S PLACE OF SOUTH NIAGARA INC WORKPLACE SAFETY GROUP WSIB WSIB WYLIE,BRENDA YAMICH,ANN& YAMICH, MARTIN Cheque No. Cheque Date 338061 16- Jun -2010 338062 16- Jun -2010 338307 23- Jun -2010 338308 23- Jun -2010 338063 16- Jun -2010 338488 30- Jun -2010 338064 16- Jun -2010 338489 30- Jun -2010 338065 16- Jun -2010 338309 23- Jun -2010 338066 16- Jun -2010 338310 23- Jun -2010 338067 16- Jun -2010 338490 30- Jun -2010 338311 23- Jun -2010 338068 16- Jun -2010 338069 16- Jun -2010 338070 16- Jun -2010 338491 30- Jun -2010 338231 23- Jun -2010 338071 16- Jun -2010 338312 23- Jun -2010 338492 30- Jun -2010 338072 16- Jun -2010 338074 16- Jun -2010 338493 30- Jun -2010 338494 30- Jun -2010 338075 16- Jun -2010 338076 16- Jun -2010 338495 30- Jun -2010 338314 23- Jun -2010 338496 30- Jun -2010 338497 30- Jun -2010 338498 30- Jun -2010 338077 16- Jun -2010 338315 23- Jun -2010 338078 16- Jun -2010 338339 29- Jun -2010 338316 23- Jun -2010 338317 23- Jun -2010 338318 23- Jun -2010 338079 16- Jun -2010 338319 23- Jun -2010 338080 16- Jun -2010 338320 23- Jun -2010 338081 16 -Jun -2010 338082 16- Jun -2010 338083 16- Jun -2010 338085 16- Jun -2010 338322 23- Jun -2010 338084 16- Jun -2010 338321 23- Jun -2010 338499 30- Jun -2010 338086 16- Jun -2010 338087 16- Jun -2010 338323 23- Jun -2010 338500 30- Jun -2010 338088 16- Jun -2010 338324 23- Jun -2010 338089 16- Jun -2010 338090 16- Jun -2010 338325 23- Jun -2010 338091 16- Jun -2010 338501 30- Jun -2010 338502 30- Jun -2010 338092 16- Jun -2010 338093 16- Jun -2010 338327 23- Jun -2010 338328 23- Jun -2010 338329 23- Jun -2010 338094 16- Jun -2010 338330 23- Jun -2010 338504 30- Jun -2010 338331 23- Jun -2010 Purpose PETTY CASH CONSULTING SERVICES CONSULTING SERVICES CONSULTING SERVICES MATERIALS MATERIALS LIBRARY RENT LIBRARY RENT MATERIALS MATERIALS ADVERTISING ADVERTISING REFUND CONTRACT SERVICES PC #1 MATERIALS CONTRACT SERVICES REFUND SAFETY FOOTWEAR SERVICES EMPLYEE EXC AWARDS REMITTANCE- CANADA DAY PERFOf MATERIALS MATERIALS MATERIALS ADVERTISING CONTRACT SERVICES CONTRACT SERVICES SERVICES - GALE CENTRE DONOR MATERIALS REFUND MATERIALS CONTRACT SERVICES MATERIALS CONTRACT SERVICES MATERIALS MATERIALS MATERIALS SAFETY FOOTWEAR AWARD PAYROLL REMITTANCE INV 13/10 CONTRACT SERVICES CONSULTING SERVICES REFUND MATERIALS CONTRACT SERVICES MATERIALS SAFETY FOOTWEAR MATERIALS MATERIALS CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS MATERIALS SAFETY FOOTWEAR SAFETY FOOTWEAR MATERIALS REFUND SAFETY FOOTWEAR REFUND SAFETY FOOTWEAR CONTRACT SERVICES TRAVEL/MILEAGE MATERIALS MATERIALS MATERIALS SAFETY FOOTWEAR TRAVEL/MILEAGE GRANT GRANT CONSULTING SERVICES MATERIALS CONTRACT SERVICES PETTY CASH MATERIALS Page 9 of 10 Amount 556.00 634.31 3,811.40 287.44 2,926.65 1,988.61 6,362.17 7,147.28 323.57 592.96 1,092.38 1,901.47 1,000.00 85, 611.44 2,332.49 9,036.31 2,707.90 20.00 300.00 1,625.00 156.62 721.22 265.55 8,042.84 126.00 241.50 600.00 256.33 9,228.74 140.00 287.34 40.35 1,426.95 373.71 1,971.06 1,048.23 20.00 750.00 1,014.00 2,753.10 904.26 750.00 9,710.99 62.11 299.25 20.00 1,125.38 42.92 170.06 117.71 6,189.45 5,773.00 4,456.58 20.00 20.00 4,576.64 150.00 20.00 750.00 20.00 62.08 117.50 210.46 1,622.46 368.33 20.00 81.85 28,500.00 1,612.50 837.90 4,201.89 23,987.14 581.34 185.34 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Page 10 of 10 Vendor Name Cheque No. Cheque Date Purpose Amount YELLOW PAGES GROUP 338095 16- Jun -2010 CONTRACT SERVICES 47.62 YMCA 338332 23- Jun -2010 MATERIALS 2,977.70 YMCA OF NIAGARA 338333 23- Jun -2010 MATERIALS 750.00 YOUNG SOD FARMS LTD 338096 16- Jun -2010 MATERIALS 355.48 YWCA 338334 23- Jun -2010 GRANT 4,277.75 ZAMBONI COMPANY LTD 338097 16- Jun -2010 MATERIALS 2,090.88 ZAMBONI COMPANY LTD 338335 23- Jun -2010 MATERIALS 1,707.54 ZAMBONI COMPANY LTD 338506 30- Jun -2010 MATERIALS 327.80 Total 19,738,534.66 L- 2010 -11 Niagara�'aI1s July 19, 2010 CANADA 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 -11 Release of Agreements 7555 Montrose Road Our File No.: 2010 -194 RECOMMENDATION 1. That the release of two Agreements dated August 14, 1972 and April 29, 1974 and registered on title to the lands known municipally as 7555 Montrose Road ( "subject land "), is hereby approved and authorized; and 2. That the City Solicitor be delegated the authority to sign whatever documents are required to remove redundant site plans, site plan agreements, subdivision agreements, development agreements, easements and covenants, from the title of affected properties. EXECUTIVE SUMMARY Two Agreements registered on title to the subject land were for interim purposes only and the City has received a request that the Agreements be removed from the title to the subject land. Staff are seeking approval from Council to delegate the authority to grant similar requests to property owners, without the necessity of a Council Report. BACKGROUND On August 14, 1972 and April 29, 1974 The Corporation of the City of Niagara Falls ( "the City ") entered into two Agreements for interim purposes only until such time as final approval by the Ontario Municipal Board of Amendment Number 57 to the Official Plan was obtained; the Minister of Housing granted draft approval of the Plan of Subdivision; and a Subdivision Agreement was entered into and registered on title to the subject land. The required approvals were obtained and the Subdivision Agreement was entered into on June 3, 1975 and registered on title to the subject land on November 28, 1975. The City has received a request to remove the Agreements from title to the subject land. Upon circulation of the above request to various City departments, there were no objections to the release of the Agreements from title to the subject land. July 19, 2010 - 2 - L- 2010 -11 This request is an example of requests frequently received by the City concerning site plans, site plan agreements, subdivision agreements, development agreements, easements and covenants, that no longer have any legal effect but still remain registered on the title to the subject properties. Under the current system, these requests are addressed by Report to Council. Such Reports always end up on the Consent Agenda and so far as Staff can remember, have been passed by Council without any questions being asked. It is understandable that Council would have no questions because the subject agreements no longer have an legal effect and it is always appropriate that they be removed from title. Staff proposes that rather than continuing to consume valuable Council time dealing with Reports of this type, the authority to remove such redundant agreements from title be granted to the City Solicitor. The granted authority will only be used following circulation of the proposed removal from title to all affected departments, to ensure that the instrument in question is, in fact, redundant. Once clearance is received from all affected departments, the redundant instrument would be removed from title. Adopting this procedure would reduce the red tape burden of conducting real estate transactions in the City of Niagara Falls. Recommended by: Respectfully submitted: KB 6 (j)47\- Ken Beaman, City Solicitor en Todd, Chief Administrative Officer MW- 2010 -50 NiagaraJalls July 19, 2010 1T�.11)A REPORT TO: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works SUBJECT: MW- 2010 -50 Consultant for Risk Assessment Services Request for Proposal P05 -2010 RECOMMENDATION 1. That the City of Niagara Falls award the Request for Proposal for the Consultant for Risk Assessment Services to Meyers Norris Penny LLP ( "MNP ") in the amount of $94,320.00. 2. That the Mayor and City Clerk be authorized to execute the necessary agreement. EXECUTIVE SUMMARY At Council's request the City issued a Request for Proposal (RFP) for Consultant for Risk Assessment Services. A risk assessment will identify risks from various City's operations including rating the level of each risk. The risk assessment will also review the City's current insurance coverages, compare the inventory of risks with the inventory of insurance coverage and identify the differences. Furthermore, the risk assessment will also review the City's current risk management procedures and processes including claims reporting and record keeping. The report will make recommendations with respect to self retention and managing claims internally for the City's future insurance needs. We are of the opinion that MNP is capable of successfully undertaking this project. Frank Cowan Company is currently the City's general insurance provider. Their contract will expire December 31, 2010. The purpose of the risk assessment is to assist staff with the selection of a general insurance provider for 2011. Staff plan to issue an RFP in the Fall of 2010. BACKGROUND On November 3, 2009, Council directed staff to complete a risk assessment and insurance review of its current program to see if changes should be made including a review of deductible levels and all levels of coverage. The City issued Request for Proposal P05 -2010 on February 10, 2010 and received five proposals. The intention of the risk assessment is to identify risks from the City's operations, rate the level of each risk, review the City's current insurance coverage, compare the inventory of risks with the inventory of insurance coverage and identify the differences, review the City's current risk management procedures and processes including claims reporting and record keeping and make suggestions for future insurance needs and July 19, 2010 - 2 - MW- 2010 -50 functions. As well, it is the objective of the risk assessment to improve the effectiveness and efficiency of the City's insurance program as it relates to protecting the City from catastrophic loss with particular focus on the following: 1. Adequacy of the existing program structure and policy limits; 2. Current rate structure and retention levels; 3. Review of policy wording for gaps /overlaps in coverages, as well as for weak or nonstandard terminology; 4. Feasibility of higher retention levels; 5. Review of the efficiency and effectiveness of the brokerage relationships in place. ANALYSIS /RATIONALE The City received the following five Proposals: 1. AON Global Risk Consulting ( "AON ") 2. Meyers Norris Penny LLP ( "MNP ") 3. RiskPro Risk Management Consulting 4. Sigma Risk Management Inc. 5. Triangulation Consulting. Of the five proposals received, RiskPro Risk Management Consulting withdrew their Proposal Submission on June 1, 2010. Sigma Risk Management Inc. did not meet the RFP requirements as they failed to provide an executed proposal form and addendum. The remaining three were 1. AON - Toronto, Ontario 2. MNP - Toronto, Ontario 3. Triangulation Consulting - Niagara Falls, Ontario The above three proponents were evaluated using criteria which included fee structure, references, qualifications, proposal submission and an interview. The Review Committee determined that MNP scored the best in the evaluation process. FINANCIAL IMPLICATIONS The project costs identified in the tender were included in the 2010 General Purposes Budget. The project will take 12 to 15 weeks to complete. The proposed approached by MNP includes the following six phases: project initiation, identification of current risk, corporate insurance review, risk management procedure, broker review and presentation of findings and wrap -up. This will require MNP to meet with individual Senior Staff and department heads to conduct interviews to determine the identification of current risks. Upon completion of the risk assessment, it is the intention of staff to tender the City's general insurance program prior to renewal in 2011 in order that new coverages can be in place for January 2011. July 19, 2010 CITY'S STRATEGIC COMMITMENT - 3 - MW- 2010 -50 The comprehensive review of the City's insurance and risk management process will continue to improve the effectiveness and efficiency of the City's insurance program. LIST OF ATTACHMENTS 1. MNP - Power Point Presentation Recommended by: Respectfully submitted: Geoff Holman, irector of Municipal Works Ken Todd, Chief Administrative Officer TM S: \REPORTS \2010 Reports \MW - 2010 -50- Consultant for Risk Assessment Services.wpd MNP's pp Proposed A roach MEYERS NORRIS PENNYur Phase 1 — Project Initiation Key activities in this phase will include: • Forming an internal project team • Conducting a kick -off meeting • Reviewing and confirming project mandate • Confirming communication protocol • Identifying criteria for success and agreeing on a plan to monitor feedback during and after the project • Identifying risk, insurance and interviewees Finding S the ght ans Chartered Accountants & Business Advisors mnp.ca MNP's P Approach MEYERS NORRIS PENNYuP Phase 2 — Identification of Current Risks Objective of this phase is to understand insurable and non - insurable risks facing the City. Key activities will include: • Reviewing risk management and insurance related shelf data • Conducting risk appetite /profile interviews with management • Analyzing the City's loss data reports • Reviewing strategic plans for alignment with the goals and objectives of the corporation • Developing a risk - ranked assessment of insurable and non - insurable risks Finding the right answer Chartered Accountants & Business Advisors mnp.ca starts here. MNP's pp Proposed A roach MEYERS NORRIS ik#P PENNYt,P Phase 3 — Corporate Insurance Review Key activities will include: ■ Evaluating the existing coverages in terms of the City's risks and making recommendations to improve the current insurance program • Reviewing the City's insurance structure against its risk profile • Reviewing and inventorying the insurance coverage currently carried by the City including the scope of coverage in relation to the City's loss exposure ■ Developing a corporate insurance program assessment report Finding the right answer Chartered Accountants & Business Advisors mnp.ca starts here. MNP P Approach MEYERS NORRIS PENNYu.r Phase 4 — Risk Management Procedure The objective of this phase is to understand processes to manage risks and how those processes support the goals and objectives of the City. Key activities will include: • Understanding current risk management and insurance structure, programs and processes • Identifying organizational groups involved in risk management • Identifying strengths and weaknesses of current activities Find ing the g answer ri starts here. Chartered Accountants & Business Advisors mnp.ca MNP's P Approach MEYERS NORRIS PENNYu► Phase 4 — Risk Management Procedure The objective of this phase is to understand processes to manage risks and how those processes support the goals and objectives of the City. Key activities will include — cont'd: • Reviewing existing risk management documentation • Additional management interviews • Developing an evaluation of the current risk management program • Developing future risk management program design requirements Finding the right answer Chartered Accountants & Business Advisors mnp.ca starts here. MNP's pp ik#P u Proposed A roach MEYERS NORRIS PENNY, Phase 5 — Broker Review The objective of this phase is to evaluate existing broker relationships to ensure the relationships are optimized. Key activities will include: • Reviewing and rate the compensation currently paid to the City's broker(s) • Conducting a broker service review • Validating the renewal processes and processes to report changes impacting insurance needs ■ Reviewing the claims management program Finding right ans Chartered Accountants & Business Advisors mnp.ca starts h MNP's P Approach MEYERS NORRIS PENNYuP Phase 6 — Presentation of Findings and Wrap -Up ■ This phase of the project will include conducting an exit conference with a view to present a summary of all findings and recommendations Finding the right answer Chartered Accountants & Business Advisors mnp.ca starts here. NiagaraJ�aI1s f, \AUA REPORT TO: His Worship Mayor Ted Salci And Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works Department SUBJECT: MW- 2010 -31 Tender 2010 - 238 -10 Cured In Place Contract RECOMMENDATION 1. The contract be awarded to the lowest bidder Insituform Technologies Ltd. at the tendered price of $372,893.00. 2. That the Mayor and City Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY This contract is part of the City's Infrastructure Renewal and contains three infrastructure components. 1. The rehabilitation of the sanitary sewer, maintenance holes and laterals on Dunn Street from Stanley Avenue to Ailanthus Avenue. This project is part of the approved 2010 Capital Budget and 2010 Utility Budget. 2. The lining of problematic sewer laterals identified by Environmental Services. This project is part of the approved 2010 Utility Budget. 3. Chippawa sewer repairs identified from SSET inspections. This project is part of the approved 2010 Utility Budget. Tenders for this contract were opened on Friday, 18, 2010 and the lowest bid of $372,893.00 received from Insituform Technologies Ltd. is being recommended for acceptance. BACKGROUND MW- 2010 -31 July 19, 2010 The sewer rehabilitation on Dunn Street will address the structural and hydraulic deficiencies in the sanitary sewer system and provide an additional increase of 50 years in the expected service life of the sewer. SSET, sewer TV inspections and field observations concluded that the sanitary sewer system repairs are required to ensure the integrity of the system prior to the construction of storm sewers and road reconstruction in the fall of 2010 prior to the opening of the new Niagara Falls Convention Centre. The sanitary sewer rehabilitation and storm sewer construction will reduce the potential of future basement flooding in the area. July 19, 2010 Thirty -nine laterals will be relined on Dunn Street and various other streets. The relining is an annual sewer lateral rehabilitation program to eliminate old problematic sewer laterals. The relining of these laterals will provide an additional increase of 50 years in the expected service life of the sewer laterals. The Tender Opening Committee, in the presence of the City clerk, Mr. Dean Iorfida, opened tenders on at 1:30 p.m. Friday, 18, 2010 for the above noted contract. Tender documents were picked up by ten (10) Contractors and two (2) bids were received. Listed below is a summary of the totalled tendered prices, excluding GST, received from the Contractors. The tenders were checked and the corrected bids are shown in bold and marked with an asterisk ( *). 1. Insituform Technologies Ltd. Hamilton $372,863.00 *$372,893.00 2. PipeFlo Contracting Corp. Hamilton $442,869.00 *$442,867.70 ANALYSIS /RATIONALE The lowest tender was received from Insituform Technologies Ltd. in the amount of $372,893.00. This contractor has performed similar type projects for other Ontario cities. We are of the opinion that this contractor is capable of successfully undertaking this project. The Engineer's estimate for this project was $420,000.00. The project is scheduled to be completed by year end. FINANCIAL /LEGAL IMPLICATIONS The expenditures for the project was included in both the approved 2010 Capital Budget and approved 2010 Utility Budget. Of the tender amount of $372,893.00, $243,277 will be expended in the City's Utility Budget. The balance of $129,616 is included in the Dunn Street project of the 2010 Capital Budget. The contract values are within budget forecasts. CITY'S STRATEGIC COMMITMENT - MW- 2010 -31 Implementation of this Contract meets the intent of Council's Strategic Priorities to establish infrastructure investment priorities, and to strengthen and promote economic development within the City. LIST OF ATTACHMENTS • Dunn Street Sewer map ► Maintenance Hole Condition photo ► Chippawa Sewer Repair - Ares Crescent map ► Sewer Lateral Lining location maps (four maps) July 19, 2010 Recommended by: Respectfully submitted: -3- Geoffl Holman, Director of Municipal Works Ke Todd, Chief Administrative Officer B. Darrall S: \REPORTS\2010 Reports\MW- 2010 -31 - Tender 2010 - 238 -10 Cured In Place Contract.wpd MW-2010-31 a 0 0 1 1 0 Z J W U.1 ¢ ¢ .1 J U W W b 0 ti 15' Da y lA — — cGM-945511.1.646S' M 0455'♦ a O p'L �,�" SGM 0542..- - �p`L ��` .. S SGM 0542 1 X SGM 0542 � SGM, � 0 5 4 2 _ - - - DUNN ST. Z LILJ > > ¢ 'Q - z Z J Q ¢ � DATE APPROVED DIRECTOR OF MUNICIPAL WORKS SUNNYLEA. CRES. 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MARY ST. wmt ST., , 0 U ` :NERESA' 5• w z o a Z a — a 0 Niagara&Ils 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 -55 PLC - 2010 -004, Request for Removal of Part Lot Control Part of Lots 16, 17 & 18, Plan 59M -251 More Specifically Described as Parts 1 Through 13, Plan 59R -14243 6352 -6364 Pinestone Road Owner: Walker Community Development Corporation RECOMMENDATION EXECUTIVE SUMMARY PD- 2010 -55 July 19, 2010 1. That Council approve the request and pass the by -law included in tonight's agenda to designate Part of Lots 16, 17 & 18 of 59M -251, 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. Walker Community Development Corporation has requested a by -law be passed to exempt the land from being subject to Part Lot Control to allow the transfer of ownership of the three freehold townhouse units currently under construction. 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 Walker Community Development has submitted a request to have Part Lot Control removed from their lands (Part 1 through 13 of 59R- 14243) located on the south side of Pinestone Road, (see Schedule 1) west of St. Paul Avenue and north of Mountain Road. 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 sale of the three freehold townhouse units that are under construction. July 19, 2010 - 2 - PD- 2010 -55 ANALYSIS /RATIONALE The subject land is within the Neighbourhoods of St. David's Plan of Subdivision (59M -251) registered in 1998. The subdivision contains a mix of single- detached dwellings and on- street townhouses. Services have been provided throughout the plan. An amended subdivision agreement was registered on title in January 2008 that included municipal easements for catch basins and drainage between the townhouse blocks. Building permits were issued in April 2010 for the on- street townhouse dwelling on the subject land. The structure foundations and proposed property configuration is shown on the attached sketch (Schedule 2) and extract from Reference Plan 59R -14243 (Schedule 3). The land is zoned Residential Mixed (R3 -797) through Zoning By -law No. 79 -200, as amended. Site specific Zoning By -law No. 2007 -205 applies to the land to permit the on- street townhouse dwelling units subject to detailed development standards. Approval of a Part Lot Control by -law is required so that property lines can be created between the dwelling units to allow their sale with each unit having a separate deed. A by -law time limit of three years has been requested to allow for flexibility in scheduling real estate closing dates and to consider market absorption of the units. This time period is acceptable given the amount of new residential development in the area. Once the units are sold and deeds registered, the owner will notify the City and the exemption by -law will be rescinded. CITY'S STRATEGIC COMMITMENT Council's priority is to strengthen and promote economic development in the City. LIST OF ATTACHMENTS ► Schedule 1 - Location Map ► Schedule 2 - Sketch • Schedule 3 - Reference Plan Recommended by: 4' Uk,„Q-6 L Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: K n Todd, Chief Administrative Officer A.Dilwaria:mb Attach. S: \PDR\2010 \PD- 2010 -55, PLC - 2010 -004, Walker Development, Pinestone Rd,.wpd July 19, 2010 -3 SCHEDULE 1 PD- 2010 -55 till 1141 den (1141:1 J116 N � � STONEFIE STONE GATE PIC .I�no A II dal al0 11111 VI* RD July 19, 2010 -4 SCHEDULE 2 PD- 2010 -55 O a W K CO Ali f L 1 vl N O see W W - CC 40 t l July 19, 2010 a 415 N w o A A: wit Ng Hi ill ■ ■ \f•* ■ Ir $ ' ■ ■ ■ lrrrrtr•rrrr11P Chh tQ %� -v S r / 1 s r -5- SCHEDULE 3 41 �a 4 ell rr ■ ■ w ■ ■ ■ ■ pp ■ MI /If \rrr■r•rrrrrr•rrrr■ 'rd PD- 2010 -55 rrr NiagararaIIs REPORT TO: SUBMITTED BY: SUBJECT: TS- 2010 -20 Subdivision Agreements Update to Parking and Traffic By -law 89 -2000 RECOMMENDATION That the regulatory signs outlined in this report be approved for the second and third construction phases of the Deerfield Estates Subdivision, the eighth phase of the Deerfield Estates Subdivision, the first phase of the Fernwood Subdivision, the Edgewood Estates Subdivision and the Miller Road (North) Estates Subdivision. EXECUTIVE SUMMARY Parking and Traffic Bylaw 89 -2000 needs to be amended to reflect the additional traffic controls in new subdivisions. BACKGROUND Approval has been granted for the Deerfield Estates Subdivision, the eighth phase of the Deerfield Estates Subdivision, Fernwood Subdivision (Phase 1), Edgewood Estates subdivision and the Miller Road (North) Estates Subdivision. Construction within each subdivision is progressing. Conditions have been imposed through the subdivision agreement for the installation of stop signs, yield signs, parking prohibited signs, stopping prohibited signs and warning signs. ANALYSIS /RATIONALE A breakdown of the signs is as follows: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Transportation Services Department TS- 2010 -20 July 19, 2010 Stop Signs That a stop sign be installed facing: 1. Eastbound and westbound traffic on Milomir Street at Parkside Road; 2. Westbound traffic on Flora Court at Parkside Road; 3. Southbound traffic on Alina Court at Milomir Street; 4. Northbound traffic on Mary Drive at Glavcic Drive; 5. Westbound traffic on Forestview Boulevard at Garner Road; 6. Northbound traffic on Kudlac Street at Forestview Boulevard; 7. Northbound traffic on both junctions of Sebastian Crescent at Forestview Boulevard; 8. Southbound traffic on Connor Crescent at Forestview Boulevard; 9. Southbound traffic on Dilalla Crescent at Forestview Boulevard; July 19, 2010 -2- TS- 2010 -20 10. Eastbound traffic on Connor Crescent at St. Michael Avenue; 11. Westbound traffic on Dilalla Crescent at St. Michael Avenue; 12. Eastbound traffic on Kudlac Street at St. Michael Avenue; 13. Westbound traffic on Glavcic Drive at St. Michael Avenue; 14. Westbound traffic on Milomir Street at St. Michael Avenue; 15. Northbound traffic on Tesla Court at Kelsey Crescent; 16. Eastbound and westbound traffic on Kelsey Crescent at Parkside Road; 17. Eastbound traffic on Hendershot Boulevard at Garner Road; 18. Southbound traffic on Tapestry Court at Hendershot Boulevard; 19. Southbound traffic on Avery Boulevard at Miller Road; and, 20. Southbound traffic on Bailey Avenue at Miller Road Yield Signs That a yield sign be installed facing: 1. Eastbound and westbound traffic on Forestview Boulevard at St. Michael Avenue; and 2. Northbound and southbound traffic on St. Michael Avenue at Forestview Boulevard. Parking Prohibited Signs That a "no parking" restriction be installed at all times on the: 1. East side of Alina Court between Milomir Street and the northeasterly limit of Alina Court, including the entire extent of the turning bulb; 2. South and west sides of Flora Court between Parkside Road and the southeasterly limit of Flora Court, including the entire extent of the turning bulb; 3. West side of Tesla Court between Kelsey Crescent and the southerly limit of Tesla Court, including the entire extent of the turning bulb; and, 4. North side of Tapestry Court between Hendershot Boulevard and the northwesterly limit of Hendershot Boulevard, including the entire extent of the turning bulb. Stopping Prohibited Signs That a "no stopping" restriction be installed at all times on: 1. Both sides of Forestview Boulevard between Garner Road and Kudlac Street; 2. Both sides of St. Michael Avenue between a point 65 metres south of Milomir Street and a point 30 metres north of Upper Canada Drive; 3. Both sides of Parkside Road between a point 30 metres south of Milomir Street and a point 25 metres north of Upper Canada Drive; 4. Both sides of Hendershot Boulevard between a point 25 metres west of Tapestry Court and and point 25 metres east of Tapestry Court. Warning Signs Based on the approved street layout and land uses, the following warning signs will be installed: Deerfield Estates and Edgewood Estates Subdivisions 1. No Exit Signs - Alina Court, Flora Court, Tesla Court; 2. School Area Signs - Desanka Avenue; 3. Playground Signs - Forestview Boulevard; 4. Turn Signs - Mary Drive and Milomir Street; 5. Traffic Calmed Neighbourhood Signs - Forestview Boulevard and St. Michael Avenue; July 19, 2010 -3- TS- 2010 -20 6. Speed Hump Signs - St. Michael Avenue; 7. Keep Right Signs - Parkside Road and St. Michael Avenue; 8. Object Markers - Parkside Road and St. Michael Avenue; 9. Chevron Alignment Signs - Forestview Boulevard and St. Michael Avenue; 10. Pedestrian Crosswalks Signs - St. Michael Avenue; and, 11. Checkerboard Sign - Kelsey Crescent. Fernwood Subdivision 1. Traffic Calmed Neighbourhood Signs - Hendershot Boulevard; 2. Object Markers - Hendershot Boulevard; 3. Speed Hump Signs - Hendershot Boulevard; 4. Speed Advisory Tabs - Hendershot Boulevard; and, 5. No Exit Signs - Tapestry Court. Miller Road Estates Subdivision 1. Turn Signs - Bailey Avenue and Avery Boulevard; 2. Curve and Sharp Reverse Curve Ahead Signs - Avery Boulevard; 3. Speed Advisory Tabs - Bailey Avenue and Avery Boulevard; 4. Checkerboard Signs - Bailey Avenue & Avery Boulevard; and, 5. Intersection Ahead Signs - Miller Road. FINANCIAL /STAFFING /LEGAL IMPLICATIONS All costs associated with the sign purchase and labour costs have been incorporated into the subdivision agreements and have been paid in full by the developers. Recommended by: Respectfully submitted: Karl Dren, Direc or of Transportation Services Ke Todd, Chief Administrative Officer A by -law to authorize an Application General to amend the register to release two Agreements registered as Instrument Numbers R0222261 and R0222262. WHEREAS the Agreements registered in 1974 as Instrument Numbers R0222261 and R0222262 were for interim purposes only; 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. The Application General to amend the register to release the Agreements registered as Instrument Numbers R0222261 and R0222262, is hereby approved and authorized. 2. 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 nineteenth day of July, 2010. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: July 19, 2010. July 19, 2010. July 19, 2010. CITY OF NIAGARA FALLS By -law No. 2010 - The Mayor and Treasurer are hereby authorized to execute this Letter of Agreement between Her Majesty the Queen in right of the Province of Ontario, represented by the Minister of Transportation for the Province of Ontario (the "Ministry ") and the City of Niagara Falls (the "Municipality ") Related to Funding Provided by the Province of Ontario (the "Province ") to the Municipality under the Dedicated Gas Tax Funds for Public Transportation Program as in Schedule "A" attached hereto. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Schedule "A" shall form part of this by -law. Passed this nineteenth day of July, 2010. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: July 19, 2010 July 19, 2010 July 19, 2010 CITY OF NIAGARA FALLS By -law No. 2010 - Ministry of Ministere des Transportation Transports Office of the Minister Bureau du ministre Ferguson Block, 3 Floor 77 Wellesley St. West Toronto, Ontario M7A 1Z8 (416) 327 -9200 www.mto.gov.on.ca June 16, 2010 His Worship Ted Salci Mayor The City of Niagara Falls PO Box 1023, 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Mayor Salci: Edifice Ferguson, 3 etage 77, rue Wellesley ouest Toronto (Ontario) M7A 1ZA (416) 327 -9200 www.mto.gov.on.ca Ontario SCHEDULE.' RE: Letter of Agreement between Her Majesty the Queen in right of the Province of Ontario, represented by the Minister of Transportation for the Province of Ontario (the "Ministry ") and the City of Niagara Falls (the "Municipality ") Related to Funding Provided by the Province of Ontario (the "Province ") to the Municipality under the Dedicated Gas Tax Funds for Public Transportation Program (this "Letter of Agreement ") This Letter of Agreement sets out the terms and conditions for the use of dedicated gas tax funds by municipalities for public transportation. As the Province desires to increase public transportation ridership to support the development of strong communities, the Ministry maintains a Dedicated Gas Tax Funds for Public Transportation Program (the "program ") under which two (2) cents of the existing provincial gas tax will be provided to municipalities for public transportation expenditures. Any funding to the Municipality by the Ministry will be provided in accordance with the terms and conditions set out in this Letter of Agreement and the Dedicated Gas Tax Funds for Public Transportation Program — 2009/2010 Guidelines and Requirements (the "guidelines and requirements "). .../2 -2 In consideration of the mutual covenants and agreements contained in this Letter of Agreement and the guidelines and requirements, which have been reviewed and are understood by the Municipality and are hereby incorporated by reference, the Ministry and the Municipality covenant and agree as follows: 1. To support increased public transportation ridership in the Municipality, and in recognition of the Municipality's need for predictable and sustainable funding to support investments in the renewal and expansion of public transportation systems, the Ministry agrees to provide funding to the Municipality under the program in an amount up to $1,106,243 in accordance with and subject to the terms set out in this Letter of Agreement and the guidelines and requirements, with $829,682 payable on receipt of this signed Letter of Agreement and related authorizing municipal by -law, and the remaining payments payable thereafter on a quarterly basis. 2. Despite Section 1, the Municipality understands and agrees that any amount payable under this Letter of Agreement may be subject, at the Ministry's discretion, to adjustment to reflect final gas tax receipts and any other adjustments as set out in the guidelines and requirements, including those related to annual appropriations of funds by the Legislative Assembly of Ontario. 3. If the Municipality receives dedicated gas tax funds on behalf of any other municipality, and the other municipality has agreed to the Municipality collecting the dedicated gas tax funds on its behalf, the Municipality shall provide, in compliance with the requirements set out in the guidelines and requirements, any applicable municipal by -law and legal agreement between the Municipality and the other municipality providing for such arrangement to the Ministry prior to the payment of any dedicated gas tax funds by the Ministry under this Letter of Agreement. 4. The Municipality shall deposit the funds received under this Letter of Agreement in a dedicated gas tax funds reserve account, and use such funds only in accordance with the guidelines and requirements. 5. The Municipality shall adhere to the reporting and accountability measures set out in the guidelines and requirements, and shall provide all requested documents to the Ministry. .../3 3 6. The Municipality understands and agrees that the funding provided under this Letter of Agreement represents the full extent of the Ministry's and Province's financial contribution under the program and that no additional funds will be provided by either the Ministry or the Province for such purposes to the Municipality for the 2009/2010 program year. 7. The Ministry may terminate this Letter of Agreement at any time, without cause, upon giving at least sixty (60) days written notice to the Municipality. If the Ministry terminates this Letter of Agreement without cause, it may cancel all further dedicated gas tax funds payments. Where the Ministry has terminated this Letter of Agreement under this Section, the Ministry may, after determining the Municipality's reasonable costs to terminate any binding agreement for any eligible public transportation service acquired or to be acquired with dedicated gas tax funds provided under this Letter of Agreement, provide the Municipality with additional funding to offset, in whole or in part, such costs. The additional funding may be provided only if there is an appropriation for this purpose, and in no event shall the additional funding result in the total funding under this Agreement exceeding the amount specified under Section 1. 8. If the Legislature fails to appropriate sufficient funds for the program, the Ministry may terminate this Letter of Agreement immediately by giving notice to the Municipality. In such instance the Ministry may cancel all further dedicated gas tax fund payments. 9. Any provisions, including those in the guidelines and requirements, which by their nature are intended to survive the termination or expiration of this Letter of Agreement, shall survive its termination or expiration. 10. The Municipality hereby consents to the execution by the Ministry of this Letter of Agreement by means of an electronic signature. .../4 If the Municipality is satisfied with and accepts the terms and conditions of this Letter of Agreement, please secure the required signatures for the four enclosed copies of this Letter of Agreement and return two fully signed copies to: Ministry of Transportation Division Services and Program Management Office 27 Floor, Suite # 2702 777 Bay Street, Toronto, Ontario M7A 2J8 Once the Ministry has received the signed copies together with a copy of the authorizing municipal by -law, the Ministry will make arrangements for the payment of the dedicated gas tax funds to the Municipality. Yours sincerely, Kathleen Wynne Minister of Transportation I have read and understand the terms of this Letter of Agreement, as set out above, and by signing below I am signifying the Municipality's consent to be bound by these terms. The Corporation of the City of Niagara Falls Per: Per: Date: Chef Financ'. Officer /Treasurer -4- ‘tt.,02-i/fo A by -law to provide for the adoption of Amendment No. 95 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 map constituting Amendment No. 95 to the City of Niagara Falls Official Plan is hereby adopted. Passed this nineteenth day of July, 2010. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: July 19, 2010 July 19, 2010 July 19, 2010 S: \OFFICIAL. PLN\AMEND \ #95 \By- Iaw_95.wpd CITY OF NIAGARA FALLS By -law No. 2010 - 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, constitute Amendment No. 95 to the Official Plan of the City of Niagara Falls. DETAILS OF THE AMENDMENT The Official Plan of the City of Niagara Falls is hereby amended as follows: 1. MAP CHANGE The "Area Affected by this Amendment" shown on the map attached hereto, entitled "Map 1 to Official Plan No. 95" shall be identified as Special Policy Area "63" on Schedule "A" to the Official Plan. 2. TEXT CHANGE PART 2, SECTION 14 - SPECIAL POLICY AREAS is hereby amended by adding the following new subsection: 14.63 SPECIAL POLICY AREA "63" S: \OFFICIAL PLN\AMEND \V95 \BODY_95.wpd Special Policy Area "63" applies to approximately 39 hectares of lands located on the north side of McLeod Road between Montrose Road and Oakwood Drive and on the south side of McLeod Road from west of Pin Oak Drive to Oakwood Drive. The land is designated Major Commercial, in part, and Tourist Commercial, in part, on Schedule "A" to the Official Plan. Studies undertaken by the Region of Niagara identify required road improvements to the Queen Elizabeth Way interchange at McLeod Road which are necessary to accommodate future commercial growth in this area. In addition to the policies contained in Part 4, Sections 4.2.1.1 through to 4.2.1.6 of the Official Plan, Council may apply holding provisions to the lands to provide for contributions to fund these road improvements. The removal of the holding provision is conditional on the landowner providing proportionate contributions to the above noted road improvements to the satisfaction of the Director of Planning, Building and Development. The amending zoning by -law implementing the holding provision will remain in effect for a period of 10 years after passage of such by- law. KAGI S_ Requests\ 2009\ Schedules \ZoningAM\AM- 23\mappng.map MAP 1 TO AMENDMENT NO. 95 SCHEDULE - A - TO THE OFFICIAL PLAN Area Affected by this Amendment Proposed Change From: Major Commercial and Tourist Commercial Proposed Change To: Major Commercial and Tourist Commercial and Special Policy Area " 63 " CITY OF NIAGARA FALLS OFFICIAL PLAN EXCERPT FROM SCHEDULE - A - FUTURE LAND USE PLAN ENVIRONMENTAL PROTECTION AREA INDUSTRIAL MAJOR COMMERCIAL MINOR COMMERCIAL OPEN SPACE RESIDENTIAL TOURIST COMMERCIAL NOTE: This schedule forms part of Amendment No. 95 to the Official Plan for the City of Niagara Falls and it must be read in conjunction with the written text. N s 1:NTS AM -2009 -023 June 2010 CITY OF NIAGARA FALLS By -law No. 2010 - A by -law to amend By -law No. 79 -200, to permit a limited range of uses in a SC zone, subject to the removal of a holding (H) symbol. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by -law are described in Schedule 1 of this by -law and shall be referred to in this by -law as the "Lands ". Schedule 1 is a part of this by -law. 2. The purpose of this by -law is to amend the provisions of By -law No. 79 -200, to apply a holding (H) symbol to the Lands. In the case of any conflict between a specific provision of this by -law and any existing provision of By -law No. 79 -200, the provisions of this by -law are to prevail. 3. Notwithstanding any provision of By -law No. 79 -200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 4. The permitted uses of the Lands shall be: (a) Community building (b) Day nursery (c) Health centre (d) Place of entertainment (e) Public park (f) Recreational uses 5. The regulations governing the permitted uses shall be: (a) Minimum lot area 2 hectares (b) Minimum lot frontage 150 metres (c) Minimum front yard depth, 12 metres plus any distance specified in rear yard depth, interior side section 4.27.1 of By -law No. 79 -200 yard width and exterior side yard width (d) Maximum lot coverage 10% (e) First Reading: Second Reading: Third Reading: Minimum landscaped open space (f) The balance of regulations specified for an SC use Passed this nineteenth day of July, 2010. July 19, 2010 July 19, 2010 July 19, 2010 S \7_ONING\AMS\2009 \BY- LAWS \Byam023a.wpd -2- 15% which shall include a 6 metre wide landscape strip along and beside any lot line, save and except any driveways, and subject to section 4.27.1 of By -law No. 79 -200 6. All other applicable regulations set out in By -law No. 79 -200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 7. No person shall use the Lands for a use that is not a permitted use. 8. No person shall use the Lands in a manner that is contrary to the regulations. 9. The holding (H) symbol that appears on Schedule 1 attached hereto is provided for in the City of Niagara Falls Official Plan pursuant to Section 36 of the Planning Act. No person shall use the Lands described in section 1 of this by -law and shown hatched and designated SC(H) and numbered 701 on the plan Schedule 1 attached hereto for a place of entertainment, prior to the H symbol being removed pursuant to the Planning Act. Prior to the H symbol being removed, the landowner shall provide proportionate contributions to improvements to the Queen Elizabeth Way /McLeod Road interchange to the satisfaction of the Director of Planning, Building and Development. 10. The provisions of this By -law shall be shown on Sheet B5 of Schedule "A" of By -law No. 79 -200 by redesignating the Lands from SC and numbered 701 to SC(H) and numbered 701. 11. The provisions of section 9 of this by -law expire at midnight on July 19, 2020 and are of no legal force and effect as of that time. 12. By -law No. 2005 -094 is repealed. 13. Section 19 of By -law No. 79 -200 is amended by deleting section 19.1.701 and adding thereto: 19.1.701 Refer to By -law No. 2010- DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR Subject Land SCHEDULE 1 TO BY -LAW No. 2010- Amending Zoning By -Law No. 79 -200 Description: Part of Pt Twp Lt 163 Stamford; Pt Twp Lt 170 Stamford As In ST36775 (Secondly) Lying E Of Montrose Rd Except Pt 4 RD91 & Pt 1 59R830; S/T Easement In Gross Over Pt 2 59R13656 As In SN242135 (Permanent Easement); S/T Easement In Gross Over Pts 1 & 3 59R13656 As In SN242135 (Temporary Easement); Niagara Falls Applicant: City of Niagara Falls Assessment #: 272509000642700 K: \GIS_Requests\ 2009 \Schedules \ZoningAM\AM -23 \mapping. map AM- 2009 -023 May 2010 CITY OF NIAGARA FALLS By -law No. 2010 - A by -law to amend By -law No. 79 -200, to permit uses in a TC zone, subject to the removal of a holding (H) symbol. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by -law are described in Schedule 1 of this by -law and shall be referred to in this by -law as the "Lands ". Schedule 1 is a part of this by -law. 2. The purpose of this by -law is to amend the provisions of By -law No. 79 -200, to apply a holding (H) symbol to the Lands. In the case of any conflict between a specific provision of this by -law and any existing provision of By -law No. 79 -200, the provisions of this by -law are to prevail. 3. Notwithstanding any provision of By -law No. 79 -200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 4. The permitted uses of the Lands shall be the uses permitted in a TC zone. 5. The regulations governing the permitted uses shall be the regulations specified for a TC use. 6. All other applicable regulations set out in By -law No. 79 -200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 7. No person shall use the Lands for a use that is not a permitted use. 8. No person shall use the Lands in a manner that is contrary to the regulations. 9. The holding (H) symbol that appears on Schedule 1 attached hereto is provided for in the City of Niagara Falls Official Plan pursuant to Section 36 of the Planning Act. No person shall use the Lands described in section 1 of this by -law and shown hatched and designated TC(H) and numbered 900 on the plan Schedule 1 attached hereto for any purpose, prior to the H symbol being removed pursuant to the Planning Act. Prior to the H symbol being removed, the landowner shall provide proportionate contributions to improvements to the Queen Elizabeth Way /McLeod Road interchange to the satisfaction of the Director of Planning, Building and Development. 10. The provisions of this By -law shall be shown on Sheets B5 and C5 of Schedule "A" of By- law No. 79 -200 by redesignating the Lands from TC to TC(H) and numbered 900. 11. The provisions of section 9 of this by -law expire at midnight on July 19, 2020 and are of no legal force and effect as of that time. -2- 12. Section 19 of By -law No. 79 -200 is amended by adding thereto: 19.1.900 Refer to By -law No. 2010 - Passed this nineteenth day of July, 2010. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: July 19, 2010 July 19, 2010 July 19, 2010 S:\ZONING\AMS\2009 \BY- LAWS \Byam023b.wpd Subject Land SCHEDULE 1 TO BY -LAW No. 2010- Amending Zoning By -Law No. 79 -200 Description: Pt Lts 2, 3 & 4 PI 228; Pt Of Stamford Twp Lt 171, Pt 1 59R13482; Niagara Falls Applicant: Zeljko Holdings Limited Assessment #: 272509000721100 K: \GIS_Requests\ 2009 \Schedules\ZoningAM\AM -23 \mapping. map N C 3 S 1:nts AM- 2009 -023 May 2010 CITY OF NIAGARA FALLS By-law No. 2010 - A by -law to amend By -law No. 79 -200, to permit a furniture warehouse and retail furniture store in a GC zone, subject to the removal of a holding (H) symbol. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by -law are described in Schedule 1 of this by -law and shall be referred to in this by -law as the "Lands ". Schedule 1 is a part of this by -law. 2. The purpose of this by -law is to amend the provisions of By -law No. 79 -200, to apply a holding (H) symbol to the Lands. In the case of any conflict between a specific provision of this by -law and any existing provision of By -law No. 79 -200, the provisions of this by -law are to prevail. 3. Notwithstanding any provision of By -law No. 79 -200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 4. The permitted uses of the Lands shall be limited to a furniture warehouse and retail furniture store. 5. The regulations governing the permitted uses shall be: (a) Maximum lot coverage 23% (b) Maximum gross leasable floor 3,750 square metres area (c) The balance of regulations specified for a GC use 6. All other applicable regulations set out in By -law No. 79 -200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 7. No person shall use the Lands for a use that is not a permitted use. 8. No person shall use the Lands in a manner that is contrary to the regulations. 9. The holding (H) symbol that appears on Schedule 1 attached hereto is provided for in the City of Niagara Falls Official Plan pursuant to Section 36 of the Planning Act. No person shall use the Lands described in section 1 of this by -law and shown hatched and designated GC(H) and numbered 59 on the plan Schedule 1 attached hereto for any purpose, prior to the H symbol being removed pursuant to the Planning Act. Prior to the H symbol being removed, the landowner shall provide proportionate contributions to improvements to the Queen Elizabeth Way /McLeod Road interchange to the satisfaction of the Director of Planning, Building and Development. 10. The provisions of this By -law shall be shown on Sheet B6 of Schedule "A" of By -law No. 79 -200 by redesignating the Lands from GC and numbered 59 to GC(H) and numbered 59. 11. The provisions of section 9 of this by -law expire at midnight on July 19, 2020 and are of no legal force or effect as of that time. 12. By -law No. 80 -187 is repealed. 13. Section 19 of By -law No. 79 -200 is amended by deleting section 19.1.59 and adding thereto: 19.1.59 Refer to By -law No. 2010- Passed this nineteenth day of July, 2010. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: July 19, 2010 July 19, 2010 July 19, 2010 S :\ZONING\AM S\2009\BY- LAWS \Byam023 c.wpd -2- Subject Land SCHEDULE 1 TO BY -LAW No. 2010- Description: Part of PcI 11 -1 Sec M40; Lt 11 PI M40 Niagara Falls; S/T BB42738 Niagara Falls Applicant: Roman Cheese Products Limited Assessment #: 272511000212000 K: \GIS_Requests\ 2009\ Schedules \ZoningAM\AM -23 \mapping.map Amending Zoning By -Law No. 79 -200 N S 1:nts AM- 2009 -023 June 2010 CITY OF NIAGARA FALLS By -law No. 2010 - A by -law to amend By -law No. 79 -200, to permit a hotel in excess of 12 metres in height, subject to the removal of a holding (H) symbol. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by -law are described in Schedule 1 of this by -law and shall be referred to in this by -law as the "Lands ". Schedule 1 is a part of this by -law. 2. The purpose of this by -law is to amend the provisions of By -law No. 79 -200, to apply a holding (H) symbol to the Lands. In the case of any conflict between a specific provision of this by -law and any existing provision of By -law No. 79 -200, the provisions of this by -law are to prevail. 3. Notwithstanding any provision of By -law No. 79 -200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 4. The permitted uses of the Lands shall be: (a) Uses permitted in a TC zone (b) Hotel, which may include dwelling units 5. The regulations governing the uses permitted in a TC zone shall be the regulations specified for a TC use. 6. The regulations governing a hotel in excess of 12 metres in height shall be: (a) Minimum lot area the whole of the Lands, save and except for any part which may be required to be dedicated for the purpose of road widening (b) Maximum number of hotel 240 rooms (c) Maximum floor area of 1,675 square metres ancillary uses (d) Maximum number and 128 dwelling units provided not more than location of dwelling units 50% of the total area of the hotel is used for dwelling units and such dwelling units, except entrances thereto, are located entirely above the ground floor -2- (e) Minimum front yard depth 15 metres for a building or structure and 6 metres for a canopy and underground parking structure inclusive of road widenings (0 Minimum rear yard depth 15 metres for a building or structure and 6 metres for a canopy and underground parking structure inclusive of road widenings (g) Minimum interior side yard 20 metres for a building or structure and 6 width metres for a canopy and underground parking structure inclusive of road widenings (h) Minimum exterior side yard 15 metres for a building or structure and 6 width metres for a canopy and underground parking structure inclusive of road widenings (i) (j (m) Maximum lot coverage 30% Maximum height (k) Minimum landscaped open 44% of the lot area space (1) Minimum percentage of 80% required parking to be located underground Minimum number of parking spaces required per dwelling unit in the hotel (n) The balance of regulations specified for a TC use 13 storeys or 52 metres, whichever is lesser, subject to section 4.7 of Zoning By -law No. 79 -200 1.6 spaces per dwelling unit 7. All other applicable regulations set out in By -law No. 79 -200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 8. No person shall use the Lands for a use that is not a permitted use. 9. No person shall use the Lands in a manner that is contrary to the regulations. 10. The holding (H) symbol that appears on Schedule 1 attached hereto is provided for in the City of Niagara Falls Official Plan pursuant to Section 36 of the Planning Act. No person shall use the Lands described in section 1 of this by -law and shown hatched and designated TC(H) and numbered 276 on the plan Schedule 1 attached hereto for any purpose, prior to the H symbol being removed pursuant to the Planning Act, except for uses existing at the time of passage of this by -law. Prior to the H symbol being removed, the landowner shall provide proportionate contributions to improvements to the Queen Elizabeth Way /McLeod Road interchange to the satisfaction of the Director of Planning, Building and Development. 11. The provisions of this By -law shall be shown on Sheets B5 and B6 of Schedule "A" of By- law No. 79 -200 by redesignating the Lands from TC and numbered 276 to TC(H) and numbered 276. 12. The provisions of section 10 of this by -law expire at midnight on July 19, 2020 and are of no legal force and effect as of that time. 13. By -law No. 1990 -309 is repealed. 14. Section 19 of By -law No. 79 -200 is amended by deleting section 19.1.276 and adding thereto: 19.1.276 Refer to By -law No. 2010- Passed this nineteenth day of July, 2010. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: July 19, 2010 July 19, 2010 July 19, 2010 S \ZONING\AMS\2009 \BY- LAWS \Byam023d.wpd -3- Subject Land ce 0 Q 0 z SCHEDULE 1 TO BY -LAW No. 2010- Applicant: Chicanda Limited Assessment #: 272511000211700 / ( Amending Zoning By -Law No. 79 -200 Description: Pt Twp Lt 179 Stamford; Pt RdAI Btn Twp Lots 178 And 179 Stamford Closed By R0164433, Pt 1 To 6, 59R4874; S/T R0246111; S/T R0381775; Niagara Falls ce 0 0 0 0 N S 1:nts AM- 2009 -023 K: \GIS_Requests\ 2009\ Schedules \ZoningAM\AM -23 \mapping.map May 2010 CITY OF NIAGARA FALLS By -law No. 2010 - A by -law to amend By -law No. 79 -200, to permit uses in a TC zone, subject to the removal of a holding (H) symbol. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by -law are described in Schedule 1 of this by -law and shall be referred to in this by -law as the "Lands ". Schedule 1 is a part of this by -law. 2. The purpose of this by -law is to amend the provisions of By -law No. 79 -200, to apply a holding (H) symbol to the Lands. In the case of any conflict between a specific provision of this by -law and any existing provision of By -law No. 79 -200, the provisions of this by -law are to prevail. 3. Notwithstanding any provision of By -law No. 79 -200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 4. The permitted uses of the Lands shall be the uses permitted in a TC zone. 5. The regulations governing the permitted uses shall be the regulations specified for a TC use. 6. All other applicable regulations set out in By -law No. 79 -200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 7. No person shall use the Lands for a use that is not a permitted use. 8. No person shall use the Lands in a manner that is contrary to the regulations. 9. The holding (H) symbol that appears on Schedule 1 attached hereto is provided for in the City of Niagara Falls Official Plan pursuant to Section 36 of the Planning Act. No person shall use the Lands described in section 1 of this by -law and shown hatched and designated TC(H) and numbered 901 on the plan Schedule 1 attached hereto for any purpose, prior to the H symbol being removed pursuant to the Planning Act. Prior to the H symbol being removed, the landowner shall provide proportionate contributions to improvements to the Queen Elizabeth Way /McLeod Road interchange to the satisfaction of the Director of Planning, Building and Development. 10. The provisions of this By -law shall be shown on Sheets B5 and C5 of Schedule "A" of By- law No. 79 -200 by redesignating the Lands from TC to TC(H) and numbered 901. 11. The provisions of section 9 of this by -law expire at midnight on July 19, 2020 and are of no legal force and effect as of that time. -2- 12. Section 19 of By -law No. 79 -200 is amended by adding thereto: 19.1.901 Refer to By -law No. 2010 - Passed this nineteenth day of July, 2010. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: July 19, 2010 July 19, 2010 July 19, 2010 S :\ZONING\AM S\2009 \B Y- LAWS \Byam023e.wpd Subject Land SCHEDULE 1 TO BY -LAW No. 2010- A Applicant: Zelimir Rudan Assessment #: 272509000721300 K: \GIS_Requests\ 2009 \Schedules\ZoningAM\AM -23 \mapping. map Description: Pt Lts 1, 2 & 3 PI 228; Pt Of Stamford Twp Lt 171, Pt 2 59R13482; Niagara Falls Amending Zoning By -Law No. 79 -200 N S 1:nts AM- 2009 -023 May 2010 CITY OF NIAGARA FALLS By -law No. 2010 - A by -law to amend By -law No. 79 -200, to permit uses in a TC zone, subject to the removal of a holding (H) symbol. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by -law are described in Schedule 1 of this by -law and shall be referred to in this by -law as the "Lands ". Schedule 1 is a part of this by -law. 2. The purpose of this by -law is to amend the provisions of By -law No. 79 -200, to apply a holding (H) symbol to the Lands. In the case of any conflict between a specific provision of this by -law and any existing provision of By -law No. 79 -200, the provisions of this by -law are to prevail. 3. Notwithstanding any provision of By -law No. 79 -200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 4. The permitted uses of the Lands shall be the uses permitted in a TC zone. 5. The regulations governing the permitted uses shall be the regulations specified for a TC use. 6. All other applicable regulations set out in By -law No. 79 -200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 7. No person shall use the Lands for a use that is not a permitted use. 8. No person shall use the Lands in a manner that is contrary to the regulations. 9. The holding (H) symbol that appears on Schedule 1 attached hereto is provided for in the City of Niagara Falls Official Plan pursuant to Section 36 of the Planning Act. No person shall use the Lands described in section 1 of this by -law and shown hatched and designated TC(H) and numbered 902 on the plan Schedule 1 attached hereto for any purpose, prior to the H symbol being removed pursuant to the Planning Act, except for uses existing at the time of passage of this by -law. Prior to the H symbol being removed, the landowner shall provide proportionate contributions to improvements to the Queen Elizabeth Way /McLeod Road interchange to the satisfaction of the Director of Planning, Building and Development. 10. The provisions of this By -law shall be shown on Sheets B5 and C5 of Schedule "A" of By- law No. 79 -200 by redesignating the Lands from TC to TC(H) and numbered 902. 11. The provisions of section 9 of this by -law expire at midnight on July 19, 2020 and are of no legal force and effect as of that time. -2- 12. Section 19 of By -law No. 79 -200 is amended by adding thereto: 19.1.902 Refer to By -law No. 2010- Passed this nineteenth day of July, 2010. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: July 19, 2010 July 19, 2010 July 19, 2010 S:\ ZONING \AMS\2009 \BY - LAWS \Byam023f.wpd Subject Land SCHEDULE 1 TO BY -LAW No. 2010- Assessment #: 272511000205500 Applicant: McDonald's Restaurants of Canada Limited Amending Zoning By -Law No. 79 -200 Description: Pt Twp Lt 178 Stamford Pt 2, 59R11584, S/T R0775517, T/W Ease Over Twp Lt 178, Stamford, Pts 1, 2, 3 On 30R12023 As In SN173025; T/W Ease Over Pts 3 & 4 On 59R11584 As In R0775513 (Partially Released By SN186330); Niagara Falls s 1:nts AM- 2009 -023 K: \GIS_Requests\ 2009\ Schedules \ZoningAM\AM- 23 \mapping.map May 2010 CITY OF NIAGARA FALLS By -law No. 2010 - A by -law to amend By -law No. 79 -200, to permit uses in a TC zone, subject to the removal of a holding (H) symbol. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by -law are described in Schedule 1 of this by -law and shall be referred to in this by -law as the "Lands ". Schedule 1 is a part of this by -law. 2. The purpose of this by -law is to amend the provisions of By -law No. 79 -200, to apply a holding (H) symbol to the Lands. In the case of any conflict between a specific provision of this by -law and any existing provision of By -law No. 79 -200, the provisions of this by -law are to prevail. 3. Notwithstanding any provision of By -law No. 79 -200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 4. The permitted uses of the Lands shall be the uses permitted in a TC zone. 5. The regulations governing the permitted uses shall be the regulations specified for a TC use. 6. All other applicable regulations set out in By -law No. 79 -200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 7. No person shall use the Lands for a use that is not a permitted use. 8. No person shall use the Lands in a manner that is contrary to the regulations. 9. The holding (H) symbol that appears on Schedule 1 attached hereto is provided for in the City of Niagara Falls Official Plan pursuant to Section 36 of the Planning Act. No person shall use the Lands described in section 1 of this by -law and shown hatched and designated TC(H) and numbered 903 on the plan Schedule 1 attached hereto for any purpose, prior to the H symbol being removed pursuant to the Planning Act, except for uses existing at the time of passage of this by -law. Prior to the H symbol being removed, the landowner shall provide proportionate contributions to improvements to the Queen Elizabeth Way /McLeod Road interchange to the satisfaction of the Director of Planning, Building and Development. 10. The provisions of this By -law shall be shown on Sheets B5, B6, C5 and C6 of Schedule "A" of By -law No. 79 -200 by redesignating the Lands from TC to TC(H) and numbered 903. 11. The provisions of section 9 of this by -law expire at midnight on July 19, 2020 and are of no legal force and effect as of that time. -2- 12. Section 19 of By -law No. 79 -200 is amended by adding thereto: 19.1.903 Refer to By -law No. 2010- Passed this nineteenth day of July, 2010. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: July 19, 2010 July 19, 2010 July 19, 2010 S:\ ZONING WMS\2009\BY- LAWS\Byam023g.wpd Subject Land SCHEDULE 1 TO BY -LAW No. 2010- r A Applicant: Petro - Canada Assessment #: 272511000208002 K: \GIS_Requests \2009 \Schedules \Zon ingAM\AM -23 \mapping. map Amending Zoning By -Law No. 79 -200 Description: Pt Twp Lt 178 Stamford Pt 3 & 4, 59R11584; S/T & T/W R0775507, S/T R0775511, R0775513, T/W R0775517, R0821228; Niagara Falls N S 1:nts AM- 2009 -023 May 2010 CITY OF NIAGARA FALLS By -law No. 2010 - A by -law to amend By -law No. 79 -200, to permit uses in a TC zone, subject to the removal of a holding (H) symbol. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by -law are described in Schedule 1 of this by -law and shall be referred to in this by -law as the "Lands ". Schedule 1 is a part of this by -law. 2. The purpose of this by -law is to amend the provisions of By -law No. 79 -200, to apply a holding (H) symbol to the Lands. In the case of any conflict between a specific provision of this by -law and any existing provision of By -law No. 79 -200, the provisions of this by -law are to prevail. 3. Notwithstanding any provision of By -law No. 79 -200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 4. The permitted uses of the Lands shall be the uses permitted in a TC zone. 5. The regulations governing the permitted uses shall be the regulations specified for a TC use. 6. All other applicable regulations set out in By -law No. 79 -200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 7. No person shall use the Lands for a use that is not a permitted use. 8. No person shall use the Lands in a manner that is contrary to the regulations. 9. The holding (H) symbol that appears on Schedule 1 attached hereto is provided for in the City of Niagara Falls Official Plan pursuant to Section 36 of the Planning Act. No person shall use the Lands described in section 1 of this by -law and shown hatched and designated TC(H) and numbered 904 on the plan Schedule 1 attached hereto for any purpose, prior to the H symbol being removed pursuant to the Planning Act. Prior to the H symbol being removed, the landowner shall provide proportionate contributions to improvements to the Queen Elizabeth Way /McLeod Road interchange to the satisfaction of the Director of Planning, Building and Development. 10. The provisions of this By -law shall be shown on Sheets B6 and C6 of Schedule "A" of By- law No. 79 -200 by redesignating the Lands from TC to TC(H) and numbered 904. 11. The provisions of section 9 of this by -law expire at midnight on July 19, 2020 and are of no legal force and effect as of that time. -2- 12. Section 19 of By -law No. 79 -200 is amended by adding thereto: 19.1.904 Refer to By -law No. 2010- Passed this nineteenth day of July, 2010. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: July 19, 2010 July 19, 2010 July 19, 2010 S:\ ZONING \AMS\2009\BY- LAWS\Byam023h.wpd Subject Land SCHEDULE 1 TO BY -LAW No. 2010- Ai Applicant: Consulate Ventures Inc Assessment #: 272511000205400 K: \GIS_Requests\ 2009 \Schedules \ZoningAM\AM - 23 \mapping. ma p Amending Zoning By -Law No. 79 -200 Description: Pt Twp Lt 178 Stamford, Pt 5 PI 59R11584 Except Pt 3 PI 59R13955; S/T Ease Over Pt 2 PI 59R13955 In Fav Pt 6 & 7 PI 59R11584 As In SN254241; T/W Ease Over Pt 1 59R13955 As In SN254241; T/W Ease Over Pt 1. PI 59R11736 In Fav Pt 5 PI 59R1.1584 As In R0775517 Together With An Easement Over Pt Twp Lt 178 Stamford Pt 2, 59R14156 Until 2031/03/15 As In SN274538 City Of Niagara Falls N S 1:nts AM- 2009 -023 May 2010 CITY OF NIAGARA FALLS By -law No. 2010 - A by -law to amend By -law No. 79 -200, to permit uses in a GC zone, subject to the removal of a holding (H) symbol. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by -law are described in Schedule 1 of this by -law and shall be referred to in this by -law as the "Lands ". Schedule 1 is a part of this by -law. 2. The purpose of this by -law is to amend the provisions of By -law No. 79 -200, to apply a holding (H) symbol to the Lands. In the case of any conflict between a specific provision of this by -law and any existing provision of By -law No. 79 -200, the provisions of this by -law are to prevail. 3. Notwithstanding any provision of By -law No. 79 -200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 4. The permitted uses of the Lands shall be: (a) Uses permitted in a GC zone except for a retail store (b) Automobile service station (c) Gasoline bar (d) Retail store ancillary to another permitted use 5. The regulations governing the permitted uses shall be: (a) Maximum floor area of a retail 20% of the gross leasable floor area of a store building containing one or more uses permitted by clause (a), (b) and (c) of section 4 of this by -law (b) The balance of regulations specified for a GC use 6. All other applicable regulations set out in By -law No. 79 -200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 7. No person shall use the Lands for a use that is not a permitted use. 8. No person shall use the Lands in a manner that is contrary to the regulations. 9. The holding (H) symbol that appears on Schedule 1 attached hereto is provided for in the City of Niagara Falls Official Plan pursuant to Section 36 of the Planning Act. No person shall use the Lands described in section 1 of this by -law and shown hatched and designated GC(H) and numbered 905 on the plan Schedule 1 attached hereto for any purpose, prior to the H symbol being removed pursuant to the Planning Act, except for uses existing at the time of passage of this by -law. Prior to the H symbol being removed, the landowner shall provide proportionate contributions to improvements to the Queen Elizabeth Way /McLeod Road interchange to the satisfaction of the Director of Planning, Building and Development. 10. The provisions of this By -law shall be shown on Sheet B6 of Schedule "A" of By -law No. 79 -200 by redesignating the Lands from GC to GC(H) and numbered 905. 11. The provisions of section 9 of this by -law expire at midnight on July 19, 2020 and are of no legal force and effect as of that time. 12. Section 19 of By -law No. 79 -200 is amended by adding thereto: 19.1.905 Refer to By -law No. 2010- Passed this nineteenth day of July, 2010. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: July 19, 2010 July 19, 2010 July 19, 2010 S:\ZON ING\AMS\2009 \BY- LAWS \Byam023 i.wpd -2- Subject Land SCHEDULE 1 TO BY -LAW No. 2010- Amending Zoning By -Law No. 79 -200 Description: Part of PcI 4 -1 Sec M40; Lt 4 P1 M40 Niagara Falls; Lt 13 PI M40 Niagara Falls; Pt Bik B PI M40 Niagara Falls Pt 1, 59R3785, S/T Pt Of Pt 1, 59R1578 As In ST25780; T/W Pt Lt 3, 59M253, Pt 1, 59R10548 As In LT131121; S/T LT24987; T/W Ease Over Pt 1 On 59R10712 As In LT144728; T/W Ease Over Pt Lt 24 59M274 Pt 8 59R10968 As In LT151305; Niagara Falls (Amended On 2000/02/17 At 11:55 By M.Severy) T/W Easement Over Pt Blk 64 PI 59M376, Pt 1 59R13975 As In SN244198; Applicant: Niagara Falls Hydro - Electric Commission Assessment #: 272511000204001 K: \GIS_Requests\ 2009 \Schedules \ZoningAM\AM -23 \mapping. map N S 1:nts AM- 2009 -023 July 2010 CITY OF NIAGARA FALLS By -law No. 2010 - A by -law to amend By -law No. 79 -200, to permit uses in a GC zone, subject to the removal of a holding (H) symbol. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by -law are described in Schedule 1 of this by -law and shall be referred to in this by -law as the "Lands ". Schedule 1 is a part of this by -law. 2. The purpose of this by -law is to amend the provisions of By -law No. 79 -200, to apply a holding (H) symbol to the Lands. In the case of any conflict between a specific provision of this by -law and any existing provision of By -law No. 79 -200, the provisions of this by -law are to prevail. 3. Notwithstanding any provision of By -law No. 79 -200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 4. The permitted uses of the Lands shall be: (a) Uses permitted in a GC zone except for a retail store (b) Automobile service station (c) Gasoline bar (d) Retail store ancillary to another permitted use 5. The regulations governing the permitted uses shall be: (a) Maximum floor area of a retail 26% of the gross leasable floor area of a store building containing one or more uses permitted by clause (c), (b) and (c) of section 4 of this by -law (b) Minimum interior side yard 1.05 metres depth for a car wash (c The balance of regulations specified for a GC use 6. All other applicable regulations set out in By -law No. 79 -200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. -2- 7. No person shall use the Lands for a use that is not a permitted use. 8. No person shall use the Lands in a manner that is contrary to the regulations. 9. The holding (H) symbol that appears on Schedule 1 attached hereto is provided for in the City of Niagara Falls Official Plan pursuant to Section 36 of the Planning Act. No person shall use the Lands described in section 1 of this by -law and shown hatched and designated GC(H) and numbered 906 on the plan Schedule 1 attached hereto for any purpose, prior to the H symbol being removed pursuant to the Planning Act, except for uses existing at the time of passage of this by -law. Prior to the H symbol being removed, the landowner shall provide proportionate contributions to improvements to the Queen Elizabeth Way /McLeod Road interchange to the satisfaction of the Director of Planning, Building and Development. 10. The provisions of this By -law shall be shown on Sheets B5 and B6 of Schedule "A" of By- law No. 79 -200 by redesignating the Lands from GC to GC(H) and numbered 906. 11. The provisions of section 9 of this by -law expire at midnight on July 19, 2020 and are of no legal force and effect as of that time. 12. Section 19 of By -law No. 79 -200 is amended by adding thereto: 19.1.906 Refer to By -law No. 2010- Passed this nineteenth day of July, 2010. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: July 19, 2010 July 19, 2010 July 19, 2010 S:\ZONING\AMS\2009 \BY -LA WS\Byam023j.wpd Subject Land SCHEDULE 1 TO BY -LAW No. 2010- MCLEOD RD m c4 0 Y Q O 4 H 0 . 67.5m 3.0m MONTGOMERY ST 62.8m ? ,t re .` 4 10 CD w tv o 0 z Description: Pt Lt 1 PI M40 Niagara Falls - Pt 1 59R13265; Niagara Falls Applicant: Pinewood Homes (Tara) Ltd Assessment #: 272511000204004 K: \GIS_Requests\ 2009\ Schedules \ZoningAM\AM -23 \mapping. ma p Amending Zoning By -Law No. 79 -200 N S 1:nts AM- 2009 -023 May 2010 CITY OF NIAGARA FALLS By -law No. 2010 - A by -law to amend By -law No. 79 -200, to permit uses in a GC zone, subject to the removal of a holding (H) symbol. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by -law are described in Schedule 1 of this by -law and shall be referred to in this by -law as the "Lands ". Schedule 1 is a part of this by -law. 2. The purpose of this by -law is to amend the provisions of By -law No. 79 -200, to apply a holding (H) symbol to the Lands. In the case of any conflict between a specific provision of this by -law and any existing provision of By -law No. 79 -200, the provisions of this by -law are to prevail. 3. Notwithstanding any provision of By -law No. 79 -200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 4. The permitted uses of the Lands shall be: (a) Uses permitted in a GC zone except for a retail store (b) Automobile service station (c) Gasoline bar (d) Retail store ancillary to another permitted use 5. The regulations governing the permitted uses shall be: (a) Maximum floor area of a retail 20% of the gross leasable floor area of a store building containing one or more uses permitted by clauses (a), (b) and (e) of section 4 of this by -law (b) The balance of regulations specified for a GC use 6. All other applicable regulations set out in By -law No. 79 -200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 7. No person shall use the Lands for a use that is not a permitted use. 8. No person shall use the Lands in a manner that is contrary to the regulations. 9. The holding (H) symbol that appears on Schedule 1 attached hereto is provided for in the City of Niagara Falls Official Plan pursuant to Section 36 of the Planning Act. No person shall use the Lands described in section 1 of this by -law and shown hatched and designated GC(H) and numbered 907 on the plan Schedule 1 attached hereto for any purpose, prior to the H symbol being removed pursuant to the Planning Act, except for uses existing at the time of passage of this by -law. Prior to the H symbol being removed, the landowner shall provide proportionate contributions to improvements to the Queen Elizabeth Way /McLeod Road interchange to the satisfaction of the Director of Planning, Building and Development. 10. The provisions of this By -law shall be shown on Sheet B6 of Schedule "A" of By -law No. 79 -200 by redesignating the Lands from GC to GC(H) and numbered 907. 11. The provisions of section 9 of this by -law expire at midnight on July 19, 2020 and are of no legal force and effect as of that time. 12. Section 19 of By -law No. 79 -200 is amended by adding thereto: 19.1.907 Refer to By -law No. 2010- Passed this nineteenth day of July, 2010. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: July 19, 2010 July 19, 2010 July 19, 2010 S:\ZONING\AMS\2009 \BY -LA WS\Byam023k.wpd -2- Subject Land SCHEDULE 1 TO BY -LAW No. 2010- • Description: PcI 2 -6 Sec M40; Pt Lt 2 PI M40 Niagara Falls; Pt Lt 3 PI M40 Niagara Falls Pt 2, 59R7677, T/W Pt Lt 3 PI M40, Pt 2, 59R6632 As In LT65414, T/W Pt Lt 3 PI M40, Pt 3, 59R6632; Niagara Falls Applicant: Royal Auto Collision Limited Assessment #: 272511000204003 K : \GIS_Requests\ 2009 \Schedules \ZoningAM\AM -23 \mapping. map Amending Zoning By -Law No. 79 -200 N S 1:nts AM- 2009 -023 May 2010 CITY OF NIAGARA FALLS By -law No. 2010 - A by -law to amend By -law No. 79 -200, to permit uses in a GC zone, subject to the removal of a holding (H) symbol. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by -law are described in Schedule 1 of this by -law and shall be referred to in this by -law as the "Lands ". Schedule 1 is a part of this by -law. 2. The purpose of this by -law is to amend the provisions of By -law No. 79 -200, to apply a holding (H) symbol to the Lands. In the case of any conflict between a specific provision of this by -law and any existing provision of By -law No. 79 -200, the provisions of this by -law are to prevail. 3. Notwithstanding any provision of By -law No. 79 -200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 4. The permitted uses of the Lands shall be: (a) Uses permitted in a GC zone except for a retail store (b) Automobile service station (c) Gasoline bar (d) Retail store ancillary to another permitted use 5. The regulations governing the permitted uses shall be: (a) Maximum floor area of a retail 20% of the gross leasable floor area of a store building containing one or more uses permitted by clause (a), (b) and (c) of section 4 of this by -law (b) The balance of regulations specified for a GC use 6. All other applicable regulations set out in By -law No. 79 -200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 7. No person shall use the Lands for a use that is not a permitted use. 8. No person shall use the Lands in a manner that is contrary to the regulations. 9. The holding (H) symbol that appears on Schedule 1 attached hereto is provided for in the City of Niagara Falls Official Plan pursuant to Section 36 of the Planning Act. No person shall use the Lands described in section 1 of this by -law and shown hatched and designated GC(H) and numbered 908 on the plan Schedule 1 attached hereto for any purpose, prior to the H symbol being removed pursuant to the Planning Act, except for uses existing at the time of passage of this by -law. Prior to the H symbol being removed, the landowner shall provide proportionate contributions to improvements to the Queen Elizabeth Way /McLeod Road interchange to the satisfaction of the Director of Planning, Building and Development. 10. The provisions of this By -law shall be shown on Sheet B6 of Schedule "A" of By -law No. 79 -200 by redesignating the Lands from GC to GC(H) and numbered 908. 11. The provisions of section 9 of this by -law expire at midnight on July 19, 2020 and are of no legal force and effect as of that time. 12. Section 19 of By -law No. 79 -200 is amended by adding thereto: 19.1.908 Refer to By -law No. 2010- Passed this nineteenth day of July, 2010. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: July 19, 2010 July 19, 2010 July 19, 2010 S: \ZONING\AM S\2009\BY -LAW S\Byam0231. wpd -2- Subject Land SCHEDULE 1 TO BY -LAW No. 2010- Description: PcI 2 -4 Sec M40; Pt Lt 2 PI M40 Niagara Falls; Pt Lt 3 PI M40 Niagara Falls Pt 2, 3, 4 & 5 59R6632; Niagara Falls Applicants: Margherita Facchin Susan Trelford Rita, Vivian and Dora Zappitelli Assessment #: 272511000204002 K: \GIS_Requests\ 2009\ Schedules \ZoningAM\AM- 23 \mapping.map Amending Zoning By -Law No. 79 -200 N 1:nts AM- 2009 -023 May 2010 CITY OF NIAGARA FALLS By -law No. 2010 - A by -law to amend By -law No. 79 -200, to permit uses in a SC zone, subject to the removal of a holding (H) symbol. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by -law are described in Schedule 1 of this by -law and shall be referred to in this by -law as the "Lands ". Schedule 1 is a part of this by -law. 2. The purpose of this by -law is to amend the provisions of By -law No. 79 -200, to apply a holding (H) symbol to the Lands. In the case of any conflict between a specific provision of this by -law and any existing provision of By -law No. 79 -200, the provisions of this by -law are to prevail. 3. Notwithstanding any provision of By -law No. 79 -200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 4. The permitted uses of the Lands shall be the uses permitted in a SC -773 zone. 5. The regulations governing the permitted uses shall be the regulations set out in By -law No. 2007 -62. 6. All other applicable regulations set out in By -law No. 79 -200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 7. No person shall use the Lands for a use that is not a permitted use. 8. No person shall use the Lands in a manner that is contrary to the regulations. 9. The holding (H) symbol that appears on Schedule 1 attached hereto is provided for in the City of Niagara Falls Official Plan pursuant to Section 36 of the Planning Act. No person shall use the Lands described in section 1 of this by -law and shown hatched and designated SC(H) and numbered 909 on the plan Schedule 1 attached hereto for any purpose, prior to the H symbol being removed pursuant to the Planning Act, except for uses existing at the time of passage of this by -law. Prior to the H symbol being removed, the landowner shall provide proportionate contributions to improvements to the Queen Elizabeth Way /McLeod Road interchange to the satisfaction of the Director of Planning, Building and Development. 10. The provisions of this By -law shall be shown on Sheet B6 of Schedule "A" of By -law No. 79 -200 by redesignating the Lands from SC to SC(H) and numbered 909. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR 11. The provisions of section 9 of this by -law expire at midnight on July 19, 2020 and are of no legal force and effect as of that time. 12. Section 19 of By -law No. 79 -200 is amended by adding thereto: 19.1.909 Refer to By -law No. 2010- Passed this nineteenth day of July, 2010. First Reading: Second Reading: Third Reading: July 19, 2010 July 19, 2010 July 19, 2010 S:\ZONING\AMS\2009 \BY- LAWS \Byam023m.wpd -2- Subject Land SCHEDULE 1 TO BY -LAW No. 2010- Amending Zoning By -Law No. 79 -200 Description: Blk A M40 Niagara Falls Except Pts 1 & 2 59R13666; S/T BB42738; Pt Twp Lt 179 Stamford Pt 1, 59R2365; Pt Twp Lt 186 Stamford Pts 2 & 3, 59R2365; S/T Easement In Favour Of The Corporation Of The City Of Niagara Falls Over Pt 2 59R2365 As In BB42738 Amended By R0253309 & R0302979 Subject To An Easement Over Pt Blk A PI M40, Pt 3 59R13666 In Favour Of Pt Bik A PI M40, Pts 1 & 2 59R13666 As In SN269876 Subject To An Easment Over Pt Lts 179 & 186 Stamford, Pts 1, 2 & 3 59R2365, Blk A PI 40, Except Pts 1 & 2, 59R13666 In Favour Of Pt Bik A M40, Pts 1 & 2 59R13666 As In SN269876 Together With An Easement Over Pt Bik A PI M40, Pt 2 59R13666 As In SN269876 Together With An Easement Over Pt Blk A PI M40, Pts 1 & 2 59R13666 As In SN269876 City Of Niagara Falls Applicant: RRVP Niagara Square Inc Assessment #: 272511000211900 K: \GIS_Requests\ 2009 \Schedules \ZoningAM\AM -23 \mapping. map AM- 2009 -023 May 2010 A by -law to provide for the adoption of Amendment No. 96 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 map constituting Amendment No. 96 to the City of Niagara Falls Official Plan is hereby adopted. Passed this nineteenth day of July, 2010. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: July 19, 2010 July 19, 2010 July 19, 2010 CITY OF NIAGARA FALLS By -law No. 2010 - S: \OFFICIAL.PLN\AMEND \ #96 -New Enviro Policies \By- law_96.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. 96 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 CHANGES i) SCHEDULE A - LAND USE PLAN of the Official Plan is amended by adding the Environmental Protection Area and Environmental Conservation Area designations shown on the map attached entitled "Proposed Changes to Schedule A ". ii) A new SCHEDULE A -1 - NATURAL HERITAGE SYSTEM AND ADJACENT LANDS is added. iii) PART 5 - APPENDICES is amended with the addition of APPENDIX III -A, III -B, III -C, III -D and III -E. 2. TEXT CHANGES i) PART 2 - LAND USE POLICIES, SECTION 12 - Environmental Protection Policies is deleted in its entirety and replaced with the following: SECTION 12 — ENVIRONMENTAL POLICIES 12.1 NATURAL HERITAGE SYSTEM Preamble Awareness of the connection between the natural environment and human health has increased in recent years and has been translated into land use planning through more stringent environmental policies at the Federal, Provincial and Local levels. Through the implementation of the policies of this Plan, the City intends to play a major role in the protection and conservation of resources. Niagara Falls has an abundance of natural heritage features due to its location between two Great Lakes and along the Niagara River. The City is within the northerly extent of Carolinian Forests in Canada which boasts a high number and diversity of plant and wildlife. The conservation and wise use of natural resources is important to ensure that clean air and water will be part of the City's future. It is recognized that natural heritage features do not exist in isolation and that the health -2- of these features is intrinsically connected and dependant on the health of heritage features both near and far away. Consequently the function of the natural heritage system shall be assessed on a watershed scale, exceeding lot boundaries, and in some cases, municipal boundaries. Within each watershed area, subwatershed plans and environmental impact studies will be utilized to identify, assess and protect the City's flora, fauna and water resources not only on a site specific, but also on a cumulative basis. General Policies 12.1.1 The City supports an ecosystem approach to the identification, protection and enhancement of our natural heritage resources that addresses: a) the interrelationships between air, land, water, plant and animal life, and human activities; b) the health and integrity of the overall landscape, within and beyond the City's boundaries; and c) the long term and cumulative impacts on the ecosystem. 12.1.2 The City shall encourage and support the efforts of the Ministry of Natural Resources, the Niagara Peninsula Conservation Authority and the Region of Niagara to protect, maintain, rehabilitate or improve the quality of the natural heritage features resources within the municipality in accordance with environmental and natural resource management legislation. 12.1.3 Land owners shall be encouraged to consult with the Ministry of Natural Resources, Niagara Peninsula Conservation Authority and the Region of Niagara prior to commencing work of any kind on or adjacent to an area containing natural heritage resources in order to determine the means by which to ensure no negative impacts. 12.1.4 Schedules A and A -1, along with Appendices III -A, III -B, III -C, III -D and III -E to this Plan detail the natural heritage features that are located within the EPA or ECA designations of this Plan as well as linkages and natural corridors, water resources, Municipal Drains and other natural heritage features. 12.1.5 When considering development or site alteration within or adjacent to a natural heritage feature, the applicant shall design such development so that there are no significant negative impacts on the feature or its function within the broader ecosystem. Actions will be undertaken to mitigate any unavoidable negative impacts. 12.1.6 The Natural Heritage Policies shall apply when development or site alteration is proposed on lands within the City that are adjacent to a natural heritage feature identified within the Official Plan of a neighbouring municipality, the Regional Niagara Policy Plan or by the Ministry of Natural Resources. Watershed Planning -3- 12.1.7 Prior to undertaking major public work projects on or adjacent to an area containing natural heritage resources, the City shall consult the Ministry of Natural Resources and/or the Niagara Peninsula Conservation Authority, as appropriate, in order to determine what design requirements or modifications may be necessary to eliminate or minimize any potential adverse impacts. 12.1.8 A permit from the Niagara Peninsula Conservation Authority may be required for any works within areas regulated by the Conservation Authority's Regulation of Development, Interference with Wetlands and Alterations to Shorelines and Watercourses (Ontario Regulation 155/06). 12.1.9 The City will collaborate with the Niagara Region and the Niagara Peninsula Conservation Authority and other appropriate stakeholders, in developing and maintaining an environmental data base and monitoring program to assess ecosystem health and integrity and recommend improvements. 12.1.10 The policies of the Natural Heritage System shall apply to protect any natural heritage feature identified by an Environmental Impact Study regardless of the land use designation applying to such feature in this Plan. 12.1.11 To discourage interference with the function of a natural heritage feature or its buffer area, the proponent of new development located adjacent to a natural heritage feature may be required by the Department of Parks & Recreation, to construct a fence in compliance with the City's Development Guidelines. 12.1.12 The City recognizes the watershed as a meaningful scale to integrate water management, natural heritage management and land use decisions. A watershed plan provides a broad assessment of the natural environment and the interconnections between features extending beyond lot boundaries and municipal boundaries and shall be utilized as a guide for more site specific studies such as subwatershed plans, drainage plans and environmental impact studies. 12.1.13 The City will participate with the Region and the Niagara Peninsula Conservation Authority in the preparation of watershed studies in consultation with landowners, community groups and other public agencies. 12.1.14 Where a watershed plan has been completed, applications for draft plan of subdivision/condominium or site plan approval shall demonstrate, through required studies such as an environmental impact study, drainage plan or -4- a subwatershed plan, how the proposed development will comply with the objectives, targets and recommendations of the watershed plan. 12.1.15 A subwatershed plan may be required through secondary plans, neighbourhood plans or for large scale developments that require an amendment to this Plan, whether or not a watershed plan exists, to provide specific guidance on the means to protect, restore and rehabilitate natural resources and to provide a framework for integrating environmental concerns into the land use development process in context of the watershed area. 12.1.16 The location and extent of completed watershed and subwatershed plans are shown on Appendix III -E of this Plan. Environmental Impact Studies (EIS) 12.1.17 An EIS shall be required as part of a complete application under the Planning Act for site alteration or development on lands: a) within or adjacent to an Environment Protection Area or Environmental Conservation Area as shown on Schedule A or A -1; or b) that contain or are adjacent to a natural heritage feature. 12.1.18 An EIS required under this Plan shall: a) include a Terms of Reference, reviewed by the City, Region and, where appropriate, the Niagara Peninsula Conservation Authority, that outlines the scope of the study; b) be prepared and signed by a qualified professional; c) be to the satisfaction of the City of Niagara Falls, in consultation with the Region and the Niagara Peninsula Conservation Authority, for proposals within or adjacent to ECA within the Urban Area Boundaries; and d) be to the satisfaction of the Region, in consultation with the City and the Niagara Peninsula Conservation Authority, for the remaining areas. 12.1.19 An EIS required under this Plan shall be prepared in accordance with the Environmental Impact Study Guidelines adopted by Regional Council. 12.1.20 The City, in consultation with the Region and the Niagara Peninsula Conservation Authority, may require a scoped EIS in place of a full EIS for developments to address specific issues such as encroachment into a natural area, potential impact on a natural heritage feature or the degree of sensitivity of the natural area. A scoped environmental impact study is an area specific study that addresses issues of particular concern . 12.1.21 The required content of an EIS may be reduced, in consultation with the -5- appropriate authorities, where: a) the environmental impacts of a development are thought to be limited; or b) other environmental studies fulfilling some or all requirements of an EIS has been accepted by the appropriate authority. 12.1.22 An EIS is not required for uses authorized under an Environmental Assessment (EA) process carried out in accordance with Provincial or Federal legislation. However, where, in the opinion of the City, Region or NPCA a specific environmental issue has not been addressed under the EA, or more detailed information is needed to properly assess the impact of a proposal made under an application to the Planning Act, a scoped EIS maybe required. Environmental Corridors & Ecological Links 12.1.23 Linkages and natural corridors that provide a connection between natural heritage features can include valleylands, contiguous woodlands and wetlands, creeks, hedgerows, and service corridors. The City shall promote the function of valleylands or stream corridors as natural resource linkages and encourages the protection, naturalization and, wherever possible, the rehabilitation of valleylands or stream corridors in accordance with Niagara Peninsula Conservation Authority Regulations. New development should not interfere with the function of these linkages and corridors and all efforts should be made through design for the enhancement or rehabilitation of natural heritage resource connections. 12.1.24 Potential corridors and linkages can be identified through Watershed Plans, the Regional Policy Plan and environmental impact studies and are shown conceptually on Appendix III -E to this Plan. Where specifically defined through an EIS or other natural heritage study or plan linkages and corridors shall be protected through use of an appropriate zone in the City's Zoning By -law. 12.1.25 Development or site alteration in or near a natural heritage feature should be designed to maintain and, where possible, enhance the ecological functions of existing linkages. If necessary an alternative corridor may be created through the development process that will function as an ecological link between all natural heritage features in the area (water, wildlife, flora). Alternative corridors must be supported by an EIS that is reviewed by the appropriate authorities and approved by the City or Region. 12.1.26 On privately owned lands, the City will support and encourage the use of conservation agreements to maintain, enhance or restore linkages between plant and animal species habitat and to protect and improve water quality and quantity; and the management of watersheds. Water Resources -6- 12.1.27 Development or site alteration shall not have an adverse impacts on ground or surface water quality or quantity. The City, in consultation with the appropriate agencies, may require a hydrogeological study or an environmental assessment for development or site alteration for any proposal that may impact, either locally or cross-jurisdictionally, on: a) the quantity and quality of surface and ground water; b) the functions of ground water recharge and discharge areas, aquifers and headwaters; c) the natural hydrologic characteristics of watercourse such as base flow; d) surface and ground water such that other natural heritage features are negatively affected; e) natural drainage systems and stream forms; and f) flooding or erosion. 12.1.28 The City shall promote water conservation measures in an effort to reduce water consumption through such programs as water meters and rain barrel programs. 12.1.29 The City supports the efforts of the Province, Region and private property owners to improve water quality by the reduction of pollution sources through legislation, programs and guidelines and: a) will endeavour to maintain City owned lands without the use of harmful pesticides and herbicide. b) will encourage the participation in design with nature programs such as the Audobon Cooperative Sanctuary Program for Golf Courses that provides guidance for the protection, rehabilitation and enhancement of open spaces through environmental planning, wildlife/habitat management, chemical use safety, water conservation, water quality management and education. c) will continue to refuse downspout connections to the sanitary or combined sewer and follow up on violations. d) will continue with the program to disconnect weeping tiles from the sanitary sewer system with an aim to implement the program City wide. e) the progressive elimination of combined sewer overflows. f) will continue to pursue other programs to protect water quality. 12.1.30 A stormwater management plan and a sediment and erosion control plan may be required at the discretion of the NPCA as part of a complete application under the Planning Act based on the scale and nature of the proposal and the site specific environmental conditions. These plans shall not be required for a new mineral aggregate operation or an expansion to an existing operation where these matters are adequately addressed through studies prepared to meet the requirements of the Aggregate Resources Act. -7- 12.1.31 A stormwater management plan shall demonstrate that the proposal will minimize vegetation removal, grading and soil compaction, erosion and sedimentation, and impervious surfaces. Where a watershed or subwatershed plan exists, the stormwater management plan shall implement the recommendations of such plans. The Stormwater Management Plan shall be prepared and signed by a qualified engineer. 12.1.32 Stormwater management facilities shall not be constructed within surface water features such as a water course or wetlands or areas with a ground level water table. A stormwater management facility may be permitted in accordance with Land Use Polices of this Section only where it has been demonstrated that there will be no impact on any natural heritage feature or the function of the natural heritage system. 12.1.33 Where a Watershed Study or Aquifer Management Plan or any other related environmental study has identified sensitive surface water features and/or sensitive ground water features, these features and their related hydrologic functions will be protected, improved or restored through a restriction of land uses in the implementing Zoning By -law. Uses that may be restricted include, but are not limited to: landfills, lagoons or other waste disposal facilities, asphalt and concrete batching plants, the storage or processing of chemical products, gasoline or oil depots and service stations and vehicle salvage, maintenance and services yards. As watershed and ground water studies identify surface and ground water features, hydrologic functions and natural heritage features and areas necessary for the ecological and hydrologic integrity of the City's watersheds, the City shall consider appropriate amendments to this Plan. 12.1.34 Prior to any planning approval, new development applications requiring a Provincial Permit to Take Water shall satisfy the City and the Region that the water taking will not have negative impacts with respect to land use and with the Niagara peninsula Conservation Authority with respect to natural ecosystems or the quality and quantity of water to meet current and future uses. 12.1.35 Municipal Drains may include engineered and natural watercourses. Requisition and Petition Drains authorized under the Drainage Act are to be designed, constructed and maintained in accordance with the Province's Best Management Practices and may require a permit from the Niagara Peninsula Conservation Authority to avoid detrimental effects on farmland or water resources, natural areas or wildlife habitat or the mitigation of any negative impacts. 12.1.36 Development or site alteration adjacent to any hydrologic feature such as valleylands, stream corridors or Municipal Drains shall be setback from the stable top of slope in accordance with the Regulations of the Niagara -8- Peninsula Conservation Authority. The required setback shall be protected through the implementing zoning by -law. 12.1.37 The City may consider a reduced setback from the top of slope within an urban area where an existing lot provides insufficient depth to accommodate the required setback and where a geotechnical report, supported by the Niagara Peninsula Conservation Authority, finds that there are mitigative measures that will maintain long term bank stability with no adverse environmental impacts and will not create new hazards or increase existing ones. In no case shall development or site alteration be permitted below the top of the valley bank. 12.1.38 Development or site alteration along the Niagara River shall be reviewed by the Niagara Peninsula Conservation Authority, the Ministry of Natural Resources and, where applicable the Region of Niagara and the Niagara Parks Commission. Woodlands and Forestry Resources 12.1.39 The City recognizes the values and benefits of trees, hedgerows and woodlands to the overall environmental health of the community as well as its visual appeal. The City shall place a high priority on the protection of these features. 12.1.40 The City shall endeavour to meet forest cover and vegetative buffer targets set through watershed studies and environmental impact studies by including minimum vegetative setbacks from all order streams under the Environmental Conservation Area designation. The protection of land adjacent to woodlands, water features and other natural heritage features by retaining the buffer in a natural state shall also be undertaken through these policies. 12.1.41 All development is to be designed in a sensitive manner having regard to the environmental, social and aesthetic benefits of trees, hedgerows and woodlands through the following: i) The retention and protection, to the greatest extent possible, of the existing tree cover, recognizing its environmental and aesthetic importance. ii) Ensuring efficient harvesting and use of trees that must be removed to accommodate the placement of buildings, structures and roads. iii) The incorporation of land with existing tree cover into the urban area park system, if appropriate. iv) The maintenance and possible enhancement of tree cover along watercourses and on steep slopes, in order to reduce soil erosion and improve water quality. v) Permitting the continued management and selective harvesting of forest resources, where appropriate. -9- vi) The use of native trees in development design. 12.1.42 The City supports the protection of woodlands greater than 0.2 hectares in size and individual trees or small stands of trees on private lands that are deemed by Council to be of significance to the City because of species, quality, age or cultural association from injury and destruction through such means as the Region's Tree and Forest Conservation By -law or any similar municipal by -law. 12.1.43 Good stewardship of urban woodlots and forested areas shall be promoted. The location of treed and wooded areas, including those located outside of significant woodlands, are illustrated on Appendix III to this Plan. Where such lands are under private ownership and are contemplated for development, the preservation and maintenance of natural environment conditions will be encouraged to the fullest extent possible. Where deemed appropriate, the City will consider such measures as bonusing, land purchase, transfer of development rights or land exchanges to safeguard important natural areas. 12.1.44 The City shall encourage the retention of individual trees or stands of trees wherever possible through development applications including site plan control, plan of subdivision or vacant land condominiums. A Tree Savings Plan may be requested as a condition of development. 12.1.45 City Council may consider the preparation of Policy and Procedural Guidelines for a formal compensation program that would outline the level of compensation required for the removal of a tree either in terms of the replanting of trees on site or elsewhere in the community, or the monetary equivalent of the tree(s) lost to be applied towards the planting of trees on public lands elsewhere in the community or City. 12.1.46 Land owners in Good General Agricultural and Rural /Agricultural areas as well as the Niagara Escarpment Area shall be encouraged to recognize the forest resource as both a source of income from various forest products and as an important element in providing essential soil and water conservation benefits. In this respect, land owners shall be encouraged to carry out the following. i) Employ proper forest management practices in consultation with the Ministry of Natural Resources and within the Niagara Escarpment Plan Area in accordance with applicable Ontario Regulations. ii) Retain existing tree cover wherever possible. iii) Discourage the grazing of livestock within woodlots. iv) Provide for the reforestation ofnon- productive or abandoned farmland. v) Apply for tax reduction programs and other benefits associated with the protection and management of woodlots. vi) Maintain or establish tree and shrub cover on soils of low agricultural Soils 12.1.47 The City shall regulate the fill, topsoil Removal or site alteration through a by -law and consider the approval of additional regulatory measures, as specified under the Topsoil Preservation Act. Site alteration or development which may result in flooding and erosion, property damage, poor water quality, degradation of farmland and adverse impacts on natural areas the dumping or placing of fill, and the grading of land shall not be permitted unless in compliance with the City's Fill, Topsoil Removal or Site Alteration By -law and where the site alteration/development is proposed through a planning application under the Planning Act, no site alteration shall occur until all required studies under Part 4, Section 14 of this Plan have been approved. Mineral Resources 12.1.48 The City recognizes the importance of ensuring the availability of an adequate supply of mineral aggregate for future use. Potential mineral resources, as identified in the Regional Niagara Policy Plan and the Ministry of Natural Resources Niagara District Land Use Guidelines, shall be protected by restricting land uses in these areas to those which do not preclude the option of future aggregate extraction. 12.2 ENVIRONMENTAL PROTECTION AREA (EPA) AND ENVIRONMENTAL CONSERVATION AREA (ECA) Preamble -10- capability and in hazardous areas such as steep slopes and flood prone areas, in order to reduce water runoff and minimize soil erosion. The City boasts a rich natural heritage base with a number of wetlands and Carolinian forests that provide habitat for a diversity of animals and plants that is among the highest in Canada, including threatened, endangered and rare species. In addition to this is the Niagara River, Falls and gorge which is a major natural heritage system within itself into which the majority of the city's creeks and waterways drain. The City also contains areas that are significant at a provincial level for their contribution to life and earth science. It is the aim of this Plan to protect, maintain and enhance the important ecological and environmental features within the City. Areas designated EPA are to receive the highest level of protection with policies that prohibit development or site alteration. The Environmental Conservation Areas are important natural heritage areas where some restricted development or site alteration may occur if supported by an environmental impact study. General Policies The individual features protected through the EPA and ECA designations are most often interconnected through their location and function. The functions of the natural heritage features within the ecosystem are to be identified, maintained and, if at all possible, improved as identified in studies required through the planning process referred to in Section 12.1. Other Environmental areas may exhibit naturally - hazardous conditions such as flood and erosion susceptibility, instability or any other physical condition which may pose a risk to occupants, loss of life, property damage and social disruption. It is the intent of these policies to identify these areas and guide development adjacent to them. The schedules to this Plan identify those heritage features that were identified at the time of policy approval. New features that are identified subsequently will still be subject to protection through these policies. The Environmental Protection and Conservation Areas provide opportunities for scientific research, conservation and education. These policies aim to preserve natural heritage features for this purpose and for ensuring that the quality and quantity of our water, plant life, animal life, air and soils are improved for our present health and the health of future generations. 12.2.1 Development and site alteration, where permitted under the following designations, shall be subject to the natural heritage system policies of Section 12.1. 12.2.2 In considering development proposals on lands adjacent to an EPA or an ECA designation, Council will require the proponent to prepare and submit an Environmental Impact Study as outlined in Policies 12.1.17 to 12.1.22. Adjacent lands are illustrated on Schedule A -1 to this Plan. 12.2.3 The limits of the EPA and ECA designations and their adjacent lands may be expanded or reduced from time to time as new environmental mapping and studies are produced by the Ministry of Natural Resources or the Niagara Peninsula Conservation Authority or through site specific applications where produced by qualified environmental consultants and approved by the appropriate authority. Where an Environmental Impact Study has concluded that an expansion to the EPA designation or its adjacent lands is warranted by the identification of a significant natural feature /function or habitat, the Official Plan shall be amended to appropriately reflect the areas to be protected. Minor reductions or minor expansions to the limits of EPA or its adjacent lands on Schedule A may be made without amendment to this Plan. 12.2.4 A holding provision may be utilized through the City's Zoning By -law to require the completion and approval of an environmental impact study prior -12- to any development or site alteration on adjacent lands. The Niagara Peninsula Conservation Authority shall be consulted regarding the removal of any Holding provisions. 12.2.5 Where, through a review of a planning application, it is found that there are important natural heritage features, habitats or functions that have not been adequately evaluated, the City shall require that the applicant have an evaluation prepared by a qualified biologist in consultation with the Region, the City and, where appropriate, the Ministry of Natural Resources and the Niagara Peninsula Conservation Authority. 12.2.6 Where permitted elsewhere in this Plan, new lots adjacent to an EPA or ECA designation shall not extend into either the area to be retained in a natural state or its buffer area as identified and approved through an Environmental Impact Study. The natural heritage features and buffer areas are to be maintained as a single block and zoned appropriately in the City's Zoning By -law. 12.2.7 Stormwater management facilities shall not be constructed within an EPA. A stormwater management facility may only be permitted within an ECA or on lands adjacent to an EPA or ECA only where it has been demonstrated that there will be no impact on any natural heritage feature or the function of the natural heritage system. 12.2.8 Essential public uses of a linear nature including utilities, communication facilities and transportation routes may be permitted to extend through an EPA or ECA designation, or within adjacent lands, where an Environmental Assessment for the proposed use has been approved under Provincial or Federal legislation. 12.2.9 Notwithstanding the following policies existing agricultural activities may continue within the EPA or ECA designations and their adjacent lands. 12.2.10 The City shall work with various provincial agencies and other groups to protect identified areas of natural and scientific interest. The educational, interpretive and recreational values of these resources shall be preserved by limiting development and surrounding land uses to those of a compatible nature. 12.2.11 Where development is permitted within an ECA or on adjacent lands existing natural linkages between the lands designated ECA and EPA lands, other designated or non - designated natural heritage features shall be maintained. Possible linkages are identified as Potential Natural Heritage Corridors on Appendix III -E to this Plan and are approximate. The exact limits of such linkages shall be assessed and approved through an Environmental Impact Study through development applications or natural area inventories. New linkages, where needed, should form part of -13- applications for development through a land use designation or easement. 12.2.12 A natural area known as the 'Treed Moraine' forms a backdrop to the Horseshoe Falls and Queen Victoria Park between Clifton Hill and Burning Springs Hill. It is a complex landscape which needs to be protected, properly maintained and stabilized and is recognized as an important local, regional and international landscape. This forested slope separates the urban, commercial development at the top of the moraine and the natural area of the Niagara Parks. Development in close proximity to the moraine should have regard to the Moraine Management Plan (January 21, 2000) prepared by the Niagara Parks Commission. ENIVIRONMENTAL PROTECTION AREAS (EPA) 12.2.13 The EPA designation shall apply to Provincially Significant Wetlands, NPCA regulated wetlands greater than 2ha in size, Provincially Significant Life ANSIs, significant habitat of threatened and endangered species, floodways and erosion hazard areas and environmentally sensitive areas. 12.2.14 Development or site alteration shall not be permitted in the EPA designation except where it has been approved by the Niagara Peninsula Conservation Authority or other appropriate authority, for the following: a) forest, fish and wildlife management; b) conservation and flood or erosion projects where it has been demonstrated that they are necessary in the public interest and other alternatives are not available; c) small scale, passive recreational uses and accessory uses such as trails, board walks, footbridges, fences, docks and picnic facilities that will not interfere with natural heritage features or their functions. 12.2.15 Minor expansions to an existing legal non - conforming use within the EPA designation may be permitted through an application pursuant to the Planning Act where the City is satisfied that there will be no negative impact on a natural heritage feature or its ecological function. Expansions that result in a substantial intensification in land use or increase in footprint shall require an Environmental Impact Study as part of a complete application. 12.2.16 A minimum vegetated buffer established by an Environmental Impact Study shall be maintained around Provincially Significant Wetlands. A 30m buffer is illustrated on Schedule A -1 for reference purposes. The vegetated buffer may be reduced or expanded as a result of an approved Environmental Impact Study. New development or site alteration within the vegetated buffer shall not be permitted. Expansion, alteration or the addition of an accessory use in relation to an existing use may be permitted, subject to an approved EIS, where: -14- a) the expansion or accessory use is not located closer to the edge of the provincially significant wetland than the existing use; and b) the expansion or accessory use cannot be located elsewhere on the lot outside of the designated buffer area." 12.2.17 Endangered and Threatened species are identified through lists prepared by the Ministry ofNatural Resources. The Significant habitat of threatened and endangered species are identified, mapped and protected through management plans prepared by the Ministry of Natural Resources and the Committee on the Status of Endangered Wildlife in Canada and all applications made pursuant to the Planning Act within or adjacent to the EPA designation will be circulated to the Ministry of Natural Resources for review. HAZARD LANDS 12.2.18 Natural hazard lands, including floodplains and erosion hazards, are included within the EPA designation because of their inherent risks to life and property. Natural hazard lands where identified by the Niagara Peninsula Conservation Authority or any study required under this Plan, shall be placed within an appropriate zoning category in the City's Zoning By -law. Written approval from the Niagara Peninsula Conservation Authority is required for any development or site alteration on lands adjacent to a floodplain or erosion hazard. 12.2.19 Floodplains in the City are based on 100 year floodline mapping have been prepared for most waterways in the City. However a Regional Floodline shall apply to Beaverdams Creek, Shriner's Creek, Ten Mile Creek and Tributary W -6 -5. 12.2.20 Where, as a result of a planning application, new Floodline or stream corridor mapping has been generated to the approval of the Niagara Peninsula Conservation Authority, amendments to this Plan may not be required. However, where the planning application involves a site specific Zoning By -law amendment, it shall be amended accordingly. 12.2.21 A geotechnical investigation may be required for development close or within areas susceptible to erosion. The geotechnical investigation shall evaluate the impact of the proposed development on slope stability on site and off site and shall provide recommendations on how negative impact can be avoided and slope stability improved. ENVIRONMENTAL CONSERVATION AREA (ECA) 12.2.22 The Environmental Conservation Areas designation contains significant -15- woodlands, significant valleylands, significant wildlife habitat, fish habitat, significant Life and Earth Science ANSIs, sensitive ground water areas, and locally significant wetlands or wetlands less than 2ha in size. 12.2.23 Permitted uses within the ECA designation shall include: a) forest, fish and wildlife management; b) conservation and flood or erosion projects where it has been demonstrated that they are necessary in the public interest and other alternatives are not available; c) small scale, passive recreational uses and accessory uses such as trails, board walks, footbridges, fences, docks and picnic facilities that will not interfere with natural heritage features or their functions; d) uses ancillary to the uses listed above including: parking areas, interpretive centres, conservation area shelters, essential utility structures and other related uses that are compatible with the ECA designation; where such works have been approved by the Niagara Peninsula Conservation Authority or other appropriate authority. 12.2.24 Minor expansions to an existing legal non - conforming use within the ECA designation may be permitted through an application pursuant to the Planning Act where the City is satisfied that there will be no negative impact on a natural heritage feature or its ecological function. Expansions that result in a substantial intensification in land use or an increase in footprint shall require an Environmental Impact Study as part of a complete application. 12.2.25 Single family residential development on an existing lot of record may be permitted in whole or in part of the ECA designation or adjacent lands where an approved environmental impact study or scoped study, whichever is deemed appropriate by the NPCA, has demonstrated that the development is located, designed and constructed to minimize negative impacts on any natural heritage feature and their ecological function. 12.2.26 Notwithstanding the above policies, development and site alteration may be permitted within fish habitat in accordance with Provincial and Federal requirements. The buffer areas for fish habitat have been designated ECA in this Plan with the intention of providing a vegetative buffer and riparian areas along the water channel for protection from soil or chemical runoff and to stabilize water temperature. Where a site specific study has identified a setback for a protective buffer for fish habitat, this setback shall be reflected in any implementing zoning by -law Not all fish habitat have been evaluated and mapped and may, therefore, -16- not be reflected on Schedules A or A -1 to this Plan. Fish habitat may be identified by the Niagara Peninsula Conservation Authority through preconsultation. Where this is the case, the fish habitat policies of this Ptah apply. 12.2.26 It is the intent of the ECA designation to provide for the protection of natural heritage features while recognizing that the extent of the designation may be further refined through on site study. Where it has been demonstrated through an approved Environmental Impact Study that an area currently designated ECA does not meet the criteria for that designation, in whole or in part, the policies of the adjacent land use designation shall apply provided that the EIS has successfully demonstrated that the proposed use will not have an adverse impact on the features or functions of the remaining ECA or their adjacent lands. In such circumstances an amendment to this Plan is not required however the change shall be implemented through an amendment to the City's Zoning By -law. 12.2.27 Valleylands are identified through mapping of the Niagara Peninsula Conservation Authority. A minimum vegetated setback from the top of bank shall be established through the implementing zoning by -law based on site specific conditions in accordance with the Niagara Peninsula Conservation Authority Regulations. Where development or site alteration is proposed within or adjacent to a significant valleyland and ownership of the valleyland or flood plain is not assumed by the City or other public agency, the City may require the submission of a detailed site grading plan for any new lot prior to the issuance of a Building Permit as a condition of development. 12.2.28 Where a valleyland has been identified as significant in accordance with the Provincial Policy Statement through approved studies an Environmental Impact Study shall be required for any development or land alteration on or within 50m of the significant valleyland. 12.2.29 Where a new mineral aggregate operation or an expansion to an existing operation is proposed within an ECA or adjacent lands, the Environmental Impact Study will include, in addition to the requirements under this Section, consideration of: a) the maintenance or enhancement of the connectivity of natural heritage features as well as significant hydrologic features and functions before, during and after mineral aggregate extraction; b) the way in which significant natural heritage features and ecological functions that would be affected will be replaced, on or off site, with features and functions of equal or greater ecological value that are representative of the natural ecosystem in that particular setting. -17- ii) PART 1 - PREAMBLE, SECTION 4 - FORMAT OF THE PLAN is amended by adding the phrase `Natural Heritage Areas' in the fifth paragraph as follows: "Part 5 entitled APPENDICES contains certain definitions of terms used in the Plan and maps identifying existing and former Municipal Landfill Sites, Natural Heritage Areas, Woodlots and Potential Aggregate Areas." iii) PART 2 - LAND USE POLICIES, SECTION 2 - PARKWAY RESIDENTIAL is amended by adding the following as the second sentence to Policy 2.8: "Development or site alteration along the Niagara River shall be reviewed by the Niagara Peninsula Conservation Authority and the Ministry of Natural Resources." iv) PART 3 - ENVIRONMENTAL MANAGEMENT, SECTION 1 - MUNICIPAL INFRASTRUCTURE is amended by: a) adding the following phrase to the end of Policy 1.2.2 after the word tributaries: "or where it would adversely affect the quality /quantity of ground water or a water recharge /discharge area. ". b) inserting the words "Regional Niagara," into Policy 1.2.4 between the phrases `Environment and Energy' and `and other agencies'. c) adding a new Policy as follows: "1.2.8 "Requisition and Petition Drains authorized under the Drainage Act are to be designed, constructed and maintained in accordance with the Province's Best Management Practices to avoid significant detrimental effects on farmland or water resources, natural areas or wildlife habitat. ". v) PART 3 — ENVIRONMENTAL MANAGEMENT, SECTION 3 — CONSERVATION STRATEGY, PREAMBLE is amended by deleting the third paragraph in its entirety. vi) PART 3 — ENVIRONMENTAL MANAGEMENT, Section 3.3 — Natural Resources is deleted in its entirety. vii) PART 3 - ENVIRONMENTAL MANAGEMENT, SECTION 5 - AMENITY AND DESIGN STRATEGY is amended as follows: a) Policy 5.2.5 is reworded so it reads as follows: "5.2.5 The City shall participate in a tree planting program to enhance the environment and shall encourage private -18- landowners to protect existing trees, hedgerows, windbreaks and other natural areas and plant additional trees on their own property using native species wherever possible." b) Policy 5.3.5 is reworded so it reads as follows: "5.3.5 The City shall require the preservation and incorporation of existing trees, hedgerows, windbreaks, vegetation, green areas and topography and other natural areas into the design and landscaping plans of proposed developments. Studies may be required identifying existing conditions as well as important trees and features to be preserved." c) a new Policy 5.3.6 is added: "5.3.6 Minor variances to zoning provisions and flexibility in site planning may be considered within the urban boundary in order to accommodate building orientation, landscaping designs, lot coverage and other site or building characteristics to provide for increased energy efficiency." viii) PART 3 - ENVIRONMENTAL MANAGEMENT, SECTION 6 ENVIRONMENTAL QUALITY is amended by adding Policy 6.13 as follows: "6.13 The City supports all efforts to reduce sources of air pollution and activities that contribute to greenhouse gas emissions. To this end the City shall: a) endeavour to operate City facilities in an energy efficient manner and, wherever possible, utilize alternatives to fossil fuel based energy. b) encourage site design that support a healthy environment such as building orientation to minimize heating /cooling costs, mixed land uses to minimize the necessity of vehicular travel for basic goods, the provision of walkways, cycling facilities and public transit to provide alternative forms of travel. c) promote the retention and enlargement of green spaces in site design through such measures as tree planting, tree preservation, roof top gardens, and the use of native species in landscaping. d) support the use of alternative and renewable sources of energy such as wind or solar power." ix) PART 4 - ADMINISTRATION AND IMPLEMENTATION, SECTION 3 - MUNICIPAL INFRASTRUCTURE is amended as follows: a) the phrase "important woodlots and natural areas' at the end of Policy 3.3.6 is hereby deleted and replaced with "important natural heritage features and areas of hydrological significance ". b) a new Policy 3.6 is added: -19- "3.6 Where a watershed Plan has been completed, all required studies for the Secondary Plan, such as subwatershed plans, drainage plans or environmental impact studies, shall conform to the goals and objectives of the watershed plan." x) PART 4 - ADMINISTRATION AND IMPLEMENTATION, SECTION 7 - SUBDIVISION CONTROL is amended as follows: a) the following sentence is added to the end of Policy 7.3.6: "Development within or adjacent to a natural heritage resource area or other natural area may be restricted and will be subject to the policies of Part 2, Section 12. The City shall seek the protection of wetlands adjacent to plans of subdivision/condominium through the dedication of the wetland area to the City, Niagara Peninsula Conservation Authority or other public agency or land trust." b) the following is added as the second and third sentence to Policy 7.4: "The creation of new lots adjacent to a floodway or erosion hazard may be subject to conditions in a plan of subdivision or consent to include the protection of these natural heritage features and their adjacent tablelands in perpetuity. Protection may take the form of the dedication of land to the City or another public agency or land trust." c) a new Policy 7.5 is added: "7.5 Plans of subdivision that have received draft approval as of thedate of approval of Amendment No. 96 to this Plan are not subject to the new policies of Part 2, Section 12. If draft approval lapses or is withdrawn the policies of Part 2, Section 12 will apply to subsequent planning applications involving the subject lands. Where significant modifications to a draft plan are proposed such that the plan is recirculated for comment the revised plan should be designed to reduce significant negative impacts on the natural heritage system." xi) PART 4 - ADMINISTRATION AND IMPLEMENTATION, SECTION 8 - LAND DIVISION COMMITTEE is amended as follows: a) Policy 8.1.5 is reworded to read as follows: "8.1.5 Wherever possible, natural heritage features shall be utilized as lot boundaries in the creation of new lots in order to avoid any negative impact of fragmented ownership on the natural heritage system. Where this is not possible, the severance of land will create a building envelope which will not interfere 3. OTHER CHANGES -20- with wetlands, watercourses, valleylands and their adjacent tablelands, or drainage systems. Efforts should be made to avoid locating development which could impact on woodio' areas. The City may require An EIS as outlined in Part 2, Section 12 - Natural Heritage System for lands located within or adjacent to a designated natural heritage resource is required." b) Policy 8.27 is reworded to read as follows: "8.2.7 Wherever possible, natural heritage features shall be utilized as lot boundaries in the creation of new lots in order to avoid any negative impact of fragmented ownership on the natural heritage system. Where this is not possible, a new lot, where permitted, shall have a sufficient building envelope that will not interfere with wetlands, watercourses, valleylands and their adjacent tablelands, or drainage systems. Efforts should be made to avoid locating development which could impact on woodland areas. The City may require an EIS as outlined in Part 2, Section 12 - Natural Heritage System for lands located within or adjacent to a designated natural heritage resource." xii) PART 4 - ADMINISTRATION AND IMPLEMENTATION, SECTION 10 - SITE PLAN CONTROL is amended as follows: a) the phrase "with the exception of agri- tourism uses, commercial farm markets, permanent or mobile farm helphouses and greenhouses" is added to the end of Policy 10.1.3. b) a new Policy 10.2.13 is added: "10.2.13 Protection for natural heritage resources. ". xiii) PART 4 - ADMINISTRATION AND IMPLEMENTATION, SECTION 14 - GENERAL IMPLEMENTATION POLICIES is amended by adding the following phrases to Policy 14.2.5: a) "or any lands designated Environmental Conservation Area within this Plan" after the words "Life Science ANSI ". b) "50m of a significant wetland" after "significant wildlife habitat ". i) PART 5 - APPENDICES, APPENDIX I - DEFINITIONS is amended by Definition # renumbered New Definition added from to 1.2 Adjacent Lands" — when used in reference to natural heritage features or designations means those lands contiguous to a specific natural heritage feature or area where it is likely that development or site alteration would have a negative impact on the feature or area. The extent of the adjacent lands are shown on Appendix III -B and III -D. 1.3, 1.4 & 1.5 1.4, 1.5 & 1.6 1.7 "Buffer" a naturally vegetated protective zone adjacent to a natural heritage feature or area serving to cushion and protect it from the impacts of human activities. 1.6, 1.7, 1.8, 1.9, 1.10, 1.11, 1.12, 1.13 & 1.14 1.8, 1.9, 1.10, 1.11, 1.12, 1.13, 1.14, 1.15 & 1.16 1.17 "Earth Science area of natural and scientific interest" - areas identified by the Ministry of Natural Resources containing some of the most significant representative examples of the bedrock, fossil and landform features in Ontario and includes examples of ongoing geological processes. 1.18 1.8 1.15 1.18 1.19 "Endangered species" - a species that is listed or categorized as an `endangered species' on the Ontario Ministry of Natural Resources official species at risk list or that is designated as Endangered by the Committee on the Status of Endangered Wildlife in Canada (COSEWIC), as updated and amended from time to time. 1.20 "Environmental Impact Study (EIS)" — a report to address the potential impacts of development on natural heritage features and areas. A "Scoped Environment Impact Study" is an area specific study that addresses issues of particular concern not previously addressed in sufficient detail in a comprehensive study. -21- renumbering existing definitions and adding new definitions as follows: 1.16 1.21 1.22 "Fish habitat" - the spawning grounds and nurse.), rearing, food supply and migration areas on which fish depend directly or indirectly in order to carry out their life processes and is as identified by the Ministry of Natural Resources. 1.17 1.23 1.24 "Flood line" - an engineered line delineating the potential extent of flooding, by elevation, as a result of a specific flood event. 1.25 "Flood plain" - the land adjacent to a waterbody which will be inundated in the event of a flood. 1.26 "Floodway" - the channel of watercourse, and those portions of the floodplain adjoining the channel which are required to discharge flood water from a flood. 1.18 & 1.19 1.27 & 1.28 1.29 "Ground water" -any water that exists beneath the land surface, but more commonly water existing in fully saturated soils and geologic formations. 1.30 "Ground water features" - water - related features in the earth's subsurface, including recharge /discharge areas, water tables, aquifers and unsaturated zones that can be defined by surface and subsurface hydrogeologic investigations. 1.31 "Ground water recharge" -the replenishment of subsurface water resulting from: (a) natural processes such as the infiltration of rainfall and snowmelt and the seepage of surface water from lakes, streams, and wetlands; and (b) human intervention such as the use of stormwater management systems. 1.32 "Ground water recharge area" - the area from which there is significant addition of water to the ground water system from natural processes or human intervention. 1.20 1.33 1.34 "Habitat of endangered and threatened species" - an area where individuals of an endangered species or a threatened species live or have the potential to live and find adequate amounts of food, water, shelter and space needed to sustain their population, including an area where a species concentrates at a vulnerable point in its annual or life cycle and an area that is important to a migratory or non - migratory species. -22- -23- 1.35 Hazard lands - means property or lands that could be unsafe for development due to naturally occurring processes such as erosion or unstable soils. 1.21, 1.22, & 1.23 1.36, 1.37 & 1.38 1.39 "Hydrologic function" - the function of the hydrologic cycle that include the occurrence, circulation, distribution and chemical and physical properties of water on or below the surface of the land, in the atmosphere, and in its interaction with the environment including its relation to living things. 1.40 "Life Science area of natural and scientific interest" - areas of land and water identified by the Ministry of Natural Resources as containing significant representative segments of Ontario's biodiversity and natural landscapes including specific types of forests, valleys, prairies and wetlands, their native plants and animals and their supporting environments. 1.24 1.41 1.42 "Natural Heritage Corridor" - natural and open space linkages between natural heritage features. 1.43 "Natural Heritage Feature" - means a feature or area that is an integral component of the environmental function and natural landscape of an area. A feature not only has environmental value but social value for the community as well. Natural heritage features include wetlands, woodlands, fish habitat, wildlife habitat, areas of natural or scientific interest, stream corridors and valleylands, and habitats of endangered, vulnerable or threatened species. 1.25 1.44 1.45 "Negative Impact" - degradation that threatens the health and integrity of the natural features or ecological functions of a natural heritage feature or area due to single, multiple or successive development or site alteration activities. In terms of Earth Science Areas of Natural and Scientific Interest significant means degradation due to single, multiple or successive development or site alteration that threatens the integrity of the geological features, Iandforms or processes for which the ANSI was identified and their associated educational and interpretive functions. -23- 1.26, 1.27, 1.28, 1.29, 1.30, 1.31, 1.32, 1.33 & 1.34 1.46, 1.47, 1.48, 1.49, 1.50, 1.51, 1.52, 1.53 & 1.54 1.55 "Riparian" — in terms of a river or watercourse means an area of streamside vegetation, including the stream bank and adjoining floodplain, which is distinguishable from upland areas in terms of vegetation, soils and topography. 1.35 1.56 1.57 "Significant" means: -in terms of wetlands, fish habitat, ANSIs and threatened, vulnerable or endangered species, those areas identified by the Ministry of Natural Resources as having provincial significance based on evaluation procedures established by the province -in terms of woodlands: treed areas identified by the City, Region or the province, as contributing to the health of the environment based on their provision of wildlife habitat, species diversity, hydrological value and identified significant species. Publicly owned woodland are also considered significant since they provide an excellent opportunity for the protection of the wooded area and its natural function -in terms of valleylands: those natural areas in a valley or other landform depression that contains flowing or standing water for some period of the year identified as significant under the Provincial Policy Statement through an approved environmental study. 1.36, 1.37 & 1.38 1.58, 1.59 & 1.60 1.61 "Subwatershed" - an area that is drained by a tributary or some defined portion of a stream. 1.62 "Surface Water Features" - water - related features on the earth's surface, including headwaters, rivers, stream channels, inland lakes, seepage areas, recharge /discharge areas, springs, wetlands, and associated riparian lands that can be defined by their soil moisture or type, vegetation or topographic characteristics. 1.39 1.63 1.64 "Top of Slope" - the point of the slope where the downward including of the land begins or the upward inclination of the land levels off. -24- 1.40 1.65 1.66 "Vaileyland "- a natural area that occurs in a valley or other landform depression that has water flowing through or standing for some period of the year. 1.67 "Vegetative buffer area - a permanent setback established along the shoreline or streambank which remains or is to be returned to a self sustaining vegetated state. 1.68 "Watershed" - an area that is drained by a river and it's tributaries. 1.41 1.69 1.70 "Wetlands" - areas that are seasonally or permanently covered by shallow water, or where the water table is close to or at the surface resulting in the formation of hydric soils and contains either hydrophytic plans or water tolerant plants, swamps, marshes, bogs and fens. Provincially Significant Wetlands are those that meet the evaluation criteria of the Province for significance. NPCA regulated wetlands are those that meet the evaluation criteria of the Conservation Authorities Act. 1.71 "Wildlife Habitat" - areas where plants, animals and other organisms live and find adequate amounts of food, water, shelter and space needed to sustain their populations. 1.42 7.72 1.73 "Woodland " - a treed area that provides environmental and economic benefits to both the private landowner and the general public through erosion prevention, hydrologic and nutrient cycling, provision of clean air and long term storage of carbon, provision of wildlife habitat, outdoor recreational opportunities and the sustainable harvest of woodland products. It does not include a cultivated fruit or nut orchard or a plantation used for the purpose of producing Christmas trees. S: \OFFICIAL.PLN\AMEND \ #96 -New Enviro Policies\BODY_96.wpd -25- Niagarapays MAP 1 TO AMENDMENT NO. 96 SCHEDULE A TO THE OFFICIAL PLAN Areas affected by this Amendment: 7 Change From EPA to Abutting Land Use Designation Proposed Designation: I. Environmental Protection Area Environmental Conservation Area * Please refer to Schedule A-1 for Adjacent Lands and Buffers -- Creek j Deferred Area 7k*' Special Notation (See Note Below) 1 The MNR has denhfied a PSW on these lands and discussions are currently underway as 10 01* exact extents of the wetland. Development or site alteration shall not occur until the MNR has cchhrmedthe extents of any wetlands. Tree savings plan shall also be created and approved pnor 10 development 2 The Ministry of Natural Resources has finalized Wetland mapping for this property wlbch s n effect as per Provincial legislation The specific extents of The Provincially Significant Wetlands on this property Is currently under discussan between the property owner and the Ministry and the r.esignatxn the area 0 deferred until The extents have been confirmed at whxh hr. The dehg nab. for this property 00 551 Schedule may be amended without further amendment to this Plan. 3 The redesignabon of these lands have been deferred until The status of the NPCA wetlands have been confirmed. qtr. °40. 4°.hr 7+4 NiaiiaJ' MAP 2 TO AMENDMENT NO. 96 SCHEDULE A-1 TO THE OFFICIAL PLAN Natural Heritage Features and Adjacent Lands 1111•90111219 1. 1 1 ,11M Amahaggiern 44111 0111111r P = mg= 11111/ammjik • num: EtalCrAIPZ WARIAMIS111 Oriarq-71111111 Fillarao 1.--a1" NO. 4 on atollonty. tellpraVy me purposes only N W E 0 1 km Scale 1:55,000 11111 Environmental Protection Area Environmental Conservation Area Wetland Buffer Area **See Below Adjacent Land Creek s.... Deferred Area * Special Consideration (See Note Below) — the Wetland Boner area has beeo austratea as 30m The actual extent ot Ihis beer may Increase or decrease as a fesult ol detailed studpes requortel through ths Plan 1 The MNR has identified a PSW Go these lands and discussions are currently underway as to the exact extents of the wetland Development or srte alteration shall not occur until the MNR has confirmedthe extents of any wetlands Tree savings plan shall also be created and approved p000 00 development 2 The Ministry of Natural Resources has finalized Wetland mapping fa this property which is in effect as per Provincial Legisiabon The specific extents of the Provinclalty Signtficant Wetlands on this property 5 currently under discussion between the property owner and the Ministry and the redesonation of the area is deferred unhl the extents have been confimned at which tette the destanabon for this property on this Schedule may be amended without further amendment to this Plan 3 The redesignahon of these lands have been deferred until the status of he NPCA wetlands have been confirmed Niagara/401s Map 3 to Amendment No. 96 Appendix III-A Natural Heritage Features Within the Environmental Protection Area Designation Numi lbw= magic memimf... It ' or nuurramw• rah IAMB t , 0 Mralark rogain: I. de 41NIVA:, 1111111IN, 1111 .1111111V4\ Ma 114041■1111 1411144161k r eaM il arerjar )1 ---v-illi =■ Mew Ibilimmill gl ..." mo i grertgo 111"71250111111: ) i ' i ( sorp.11_';w4F.A016.10 illitgo.cihilifilt ir i (41 NI MIN . P i f ■■,•, , i i 1 ''.".' • ummira MICE -, I/ -- r'' a 1111 11 NmeM1 EllIAITIEUL weessomumfit ..„---...gmas .,,,,_-........ 1, .. ,._._ a. — _. nr•WW. ni a , , ung ilinummillg N iiirAtiES, W .., IVIIIIMEriairil / , , • *904...,oserova5. klikW44.10411irs kSk., A00144r44 N W r ._ E 1 km Scale 155,000 Top of Slope 1111 Environment Protection Area SPA 40 NPCA Regulated Wetland >/= 2ha E222 Provincially Significant Life ANSI Provincially Significant Wetland Regulated Floodplain L Deferred Area Speaal Consideration (See Note Below) 1. The MNR has dent/fed a PSW on these lands and discussions are currently underway as to the exact extents of the wetland Development or site alteration shall not occur until the MNR has confinnedthe extents of any wetlands. Tree savings plan shall also be created and approved pnor to development. 2 The Ministry of Natural Resources has finalized Wetland mapping 101 200 property which is in effect as per Provincial Legslabon. The speak extents of the ProdndaiN Significant Wetlands on this property , 5 currently under discuss.) between the property owner and the Ministry ard the redesfPnahon of the area is deferred until the Wen. have been confirmed at whKh time the designation 105 000 property 00 200 Schedule may be amended without further amendment to this Plan 3 The redesignation of these lands have been deferred until the status of the NPCA wetlands have been confirmed Niagara Fails Map 4 to Amendment No. 96 Appendix III-B Adjacent lands to the Natural Heritage Features within the Environmental Protection Area Designation wial ratIVIL jiI itstimmi4 .111 tiiMITS1111 dee 10, EPA WITH SPA 40 Al l 0.--o_EL4..16 i aP111111114111jt. r l. /0 5. ; 11° I llr 11 f 11/4 st... ...- Iaillo' 41 t oil IL-•'''''''''ri. ,..,,,........ 4 .A.,...,... ..... .r., 1.111 EPA Feature Adjacent Land: 50m from Provincially Significant Life ANSI 120m from Provincially Significant Wetland and NPCA Regulated Wetland >/— 2ha L Deferred Area * Special Consideration (See Note Below) I I N 0 1 km Scale 1:55,000 1. The MNR has identified a PSW on these lands and discussions are currently underway as to the exact extents of the wetland Development or site alteration shall not occur until the MNR has confimnedthe extents of any wetlands Tree savings plan shall also be created and approved prior to development. 2. The 1105150 01 Natural Resources has finalized Wetland mapping for this property which is in effect as per Provincal Legislation The specific extents 01 010 Provincially Significant Wetlands on this property is currently under discussion between the property owner and the Ministry and the redesignabm of the area is deferred until the extents have been confirmed at which bme the designation for this property 00 010 Schedule may be amended without further amendment to this Plan 3. The redesIgnatIon of these lands have been deferred until the status of the NPCA wetlands have been confirmed. Niagara/44 Is Map 5 to Amendment No. 96 Appendix HI-C Natural Heritage Features within the Environmental Conservation Area Designation g L i 011t6 ..weng ,... IIIIII CZ% l = NM 22 , . • 1:5Inseolmur ‘ Mr- PlAtiolprfirriAlrl: • 1. .0317.liwpaCA, ■ arA 1 2,!•RIF Il .re 4 fiG -rr--,-.---,-Wir • m i Ali mmiN1111111pr y .,„ , No sun= Miaow ■ • .igiori Minis ',en, purposes on E S * Significant Wildlife Habitat E= Earth Science ANSI Life Science ANSI Publicly Owned Conservation Land Em Locally Significant Wetland NPCA Regulated Wetland n 2ha Significant Woodland Fish Habitat Creek Deferred Area * Special Consideration (See Note Below) -1 N 0 1 km Scale 1 1 The MNR has identified a PSW on these ands and discussions are currently underway as to the exact extents of the wetland Development or site alteraton shall not occur until the MNR has confirmedthe extents of any wetlands Tree savIngs plan shall also be created and approved poor to development. 2 The Ministry of Natural Resources has finalized Wetland mapping for this property which 5 in effect as per Provincial Legislation The spec& extents of the Provincially Significant Wetlands on this property 0 currently under discussion between the property owner and the Ministry and the redesignahon of the area 5 deferred until the extents have been confirmed at which GRIP the designation for this property 00 this Schcdfiie may be amended . 9ocfi-4 further amendment to this Plan 3. The redesignabon of these lands have been deferred until the status of the NPCA wetlands have been confirmed Niagarainlls Map 6 to Amendment NO. 96 Appendix III -D Adjacent Lands to the Natural Heritage Features within the Environmental Conservation Area Designation 4111=11/1 40, .�j 1!- ilia A SHALL RD N W E ECA Feature Adjacent Land 15m from NPCA Regulated Wetland <2ha 15m from Creek (Outside Regulated Floodplain) 30m from Locally Significant Wetland 50m from Earth Science ANSI 50m from Life Science ANSI 50m from Significant Woodland ** - -- Creek Scale 1'55,000 1 km ; Deferred Area * Special Consideration (See Note Below) ..Adjacent lands for Sgnif nt Woodlands shall be 50m where a Watershed Plan has been completed or 10m from the dnpirne of the treed area where confirmed by an Environmental Impact Study. 1 The MNR has identified a PSW on these lands and discussrons are currently underway as to the exact extents Of the wetland. Development or site alteration shall not occur until the MNR has confirmedthe extents of any wetlands. Tree savings plan shall also be created and approved pray to development 2. The Marsny of Natural Resources has finalized Wetland mapping for this property which is in effect as per Provincial Legrslbon The specific extents of the Provincially Sgnrf nt Wetlands on this property is currently under dxscussan between the property owner and the Mr retry and the redesrgnation of the area is deferred until the extents have been confirmed at which time the desrgnatlon for this property on thls Schedule may be amended wthout further amendment to this Plan. 3. The r desgnabon of these lands have been deferred until the status of the NPCA wetlands have been confirmed Niagarapalls Map 7 to Amendment No. 96 Appendix III -E Watershed Plans and Potential Corridors �N ∎ 1.111111211•" ��logo , 11.7 OM OM MIMI 111I� ^111 mom: litalCuTAVIM 111-1P0 0 11/11 111 I d1i TJA ®siiisse AIM '7 ao ` 1O111 111L71 \�!f N s 0 1km Scale 1:55,000 Watershed Plans Completed • South Niagara Falls �..�+� 1 Warren Creek Currently Underway Beaverdams Creek Shriners Creek Ten Mile Creek Proposed Thompsons Creek Potential Natural Heritage Corridor Fish Habitat Critical Important Marginal - Municipal Drains CITY OF NIAGARA FALLS By -law No. 2010 - A by -law to designate portions of Lots 16 & 17 and 18, Registered Plan 59M -251, 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 is zoned by By -law No. 2007 -205 to permit the erection of on- street townhouse dwellings thereon; AND WHEREAS the owner of the said land wishes to create property lines between the existing on- street townhouse dwelling units in order to permit each unit 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 those portions of Lots 16 and 17 and to Lot 18, Registered Plan 59M -251, described as Parts 1 to 13 (inclusive) on Reference Plan 59R- 14243, 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 nineteenth day of July 2010. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: July 19, 2010 July 19, 2010 July 19, 2010 S:\PART LOT CONTROL\2010\PLC- 004\Pinestone 16 17 18 Bylaw.wpd A by -law to amend By -law No. 2008 -224, being a by -law to prohibit or regulate the placing or erecting of signs, notices, and advertising devices on public and private property within the City of Niagara Falls. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. By -law No. 2008 -224 is amended by adding the following subsection: "19.10 Site Specific Provisions Passed this nineteenth day of July, 2010. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: S.•ISIGNS110101SBAISBA- 1010- 0011DRAFT By- law..pd 19.10.1 Notwithstanding the provisions contained in sections 3.6.1 and 6.1.4 hereof to the contrary, one pylon sign shall be permitted on the lands at the southeast corner of Murray Street and Stanley Avenue, being PIN 64377 -0171 (LT), that are associated with the hotel located at 6361 Fallsview Boulevard, being PIN 64377 -0105 (LT), having a maximum sign area of 63 square metres." July 19, 2010 July 19, 2010 July 19, 2010 CITY OF NIAGARA FALLS By -law No. 2010- The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: COLUMN 1 INTERSECTION THE CORPORATION OF THE CITY OF NIAGARA FALLS BY -LAW Number 2010 - A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Yield Signs at Intersections, Stop Signs at Intersections, Parking Prohibited, Stopping Prohibited) By -law No. 89 -2000, as amended, is hereby further amended (1) by adding to the specified columns of Schedule Q thereto the following items: YIELD SIGNS AT INTERSECTIONS Forestview Boulevard and St. Michael Avenue Forestview Boulevard and St. Michael Avenue Forestview Boulevard and St. Michael Avenue Forestview Boulevard and St. Michael Avenue COLUMN 2 FACING TRAFFIC Eastbound on Forestview Boulevard Westbound on Forestview Boulevard Northbound on St. Michael Avenue Southbound on St. Michael Avenue -2- (2) by adding to the specified columns of Schedule P thereto the following items: STOP SIGNS AT INTERSECTIONS COLUMN 1 COLUMN 2 INTERSECTION FACING TRAFFIC Alina Court and Milomir Street Southbound on Alina Court Forestview Boulevard and Connor Crescent Southbound on Connor Crescent Forestview Boulevard and Dilalla Crescent Southbound on Dilalla Crescent Forestview Boulevard and Garner Road Westbound on Forestview Boulevard Forestview Boulevard and Kudlac Street Northbound on Kudlac Street Forestview Boulevard and Sebastian Crescent (East Intersection) Northbound on Sebastian Crescent Forestview Boulevard and Sebastian Crescent (West Intersection) Northbound on Sebastian Crescent Glavcic Drive and Mary Drive Northbound on Mary Drive Hendershot Boulevard and Garner Road Eastbound on Hendershot Boulevard Hendershot Boulevard and Tapestry Court Southbound on Tapestry Court Kelsey Crescent and Tesla Court Northbound on Tesla Court Miller Road and Avery Boulevard Southbound on Avery Boulevard Miller Road and Bailey Avenue Southbound on Bailey Avenue Parkside Road and Flora Court Westbound on Flora Court Parkside Road and Kelsey Crescent Eastbound on Kelsey Crescent Parkside Road and Kelsey Crescent Westbound on Kelsey Crescent Parkside Road and Milomir Street Eastbound on Milomir Street Parkside Road and Milomir Street Westbound on Milomir Street St. Michael Avenue and Connor Crescent Eastbound on Connor Crescent St. Michael Avenue and Dilalla Crescent Westbound on Dilalla Crescent St. Michael Avenue and Glavcic Drive Westbound on Glavcic Drive St. Michael Avenue and Kudlac Street Eastbound on Kudlac Street St. Michael Avenue and Milomir Street Westbound on Milomir Street (3) COLUMN 1 HIGHWAY Alina Court Flora Court Tapestry Court Testa Court (4) COLUMN 1 HIGHWAY Forestview Boulevard Hendershot Boulevard Parkside Road St. Michael Avenue -3- by adding to the specified columns of Schedule C thereto the following items: COLUMN 2 SIDE East DEAN IORFIDA, CITY CLERK First Reading: July 19, 2010 Second Reading: July 19, 2010 Third Reading: July 19, 2010 PARKING PROHIBITED COLUMN 3 BETWEEN Milomir Street and the northeasterly limit of Alina Court, including the turning basin South and West Parkside Road and the southeasterly limit of Flora Court, including the turning bulb North and East Hendershot Boulevard and the northwesterly limit of Tapestry Court, including the turning bulb West Kelsey Crescent and the southerly limit of Testa Court, including the turning basin by adding to the specified columns of Schedule A thereto the following items: COLUMN 2 SIDE Both Both Both Both STOPPING PROHIBITED COLUMN 3 BETWEEN Garner Road and Kudlac Street A point 25 metres west of Tapestry Court and and point 25 metres east of Tapestry Court A point 30 metres south of Milomir Street and a point 25 metres north of Upper Canada Drive A point 65 metres south of Milomir Street and a point 30 metres north of Upper Canada Drive This By -law shall come into force when the appropriate signs are installed. Passed this nineteenth day of July, 2010. R.T. (TED) SALCI, MAYOR COLUMN 4 TIMES OR DAYS At All Times At All Times At All Times At All Times COLUMN 4 TIMES OR DAYS At All Times At All Times At All Times At All Times CITY OF NIAGARA FALLS By -law No. 2010 - A by -law to amend By -law 2009 -71, being a by -law with respect to the installation and maintenance of either a fire safety box or a fire safety box and a lock box or existing lock box. WHEREAS By -law 2009 -71 was enacted under the authority of the Municipal Act, 2001, S.O. 2001, c. 25 as amended, and Fire Protection and Prevention Act, 1997; and WHEREAS By -law 2009 -71 stipulates requirements and contents for fire safety boxes; and WHEREAS it is prudent to have the lock required for the Fire Safety Plan Boxes to be approved by the Fire Department, to allow one master key to open said boxes and prevent the delay of having to cut locks that do not conform. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That By -law 2009 -71 is amended by deleting section 6.2 and replacing it hereto with: "Every lock box or existing lock box required under this by -law shall have a lock, as approved by the Chief Fire Official, and at all times contain the keys required by section 7 ". 2. That the by -law shall come in to force on the date of passing. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: July 19, 2010 July 19, 2010 July 19, 2010 CITY OF NIAGARA FALLS By -law No. 2010 - A by -law to authorize the payment of $19,738,534.66 for General Purposes. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: That the City Treasurer is hereby authorized and directed to pay the attached list of disbursements for the period beginning June 10, 2010 to June 30, 2010. Passed this nineteenth day of July 2010. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: July 19, 2010 July 19, 2010 July 19, 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 19 day of July, 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 19` day of July, 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 nineteenth day of July, 2010. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: July 19, 2010 July 19, 2010 July 19, 2010