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COUNCIL
MEETING
Monday, January 31, 2012
Order of Business
and Agenda Package
Niag ara�alls
C 1 N .A U i
COUNCIL MEETING
January 31, 2012
PRAYER: Councillor Morocco
* * * **
DISCLOSURES OF PECUNIARY INTEREST
Disclosures of pecuniary interest and a brief explanation thereof will be made for the
current Council Meeting at this time.
* * * **
REPORTS
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- 2011 -04 - Monthly Tax Receivables Report
PD- 2011 -03 - Official Plan Amendment No. 94, Growth Plan Conformity
PD- 2012 -13 - Telecommunication Facility Consultation, 2095 Stanley Avenue,
Niagara Falls, Summit Telecom on Behalf of Public Mobile Inc.
TS- 2011 -04 - Supply of an Automated Stop Announcement System Conventional
Transit Fleet.
R & C- 2012 -02 - Early Approval to Update the Strategic Plan for the Provision of
Parks, Recreation, Arts &
* * * **
MAYOR'S REPORTS, ANNOUNCEMENTS
* * * **
-2
COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
1. Niagara Falls Library Board - requesting Louie Visentin and Brad Peters fill the
recent Board vacancies.
RECOMMENDATION: For the consideration of Council.
2. Mission of Girl Guides of Canada - requesting February 19 to 26 be proclaimed
as Guide -Scout Week.
RECOMMENDATION: For the approval of Council.
Additional Items for Council Consideration:
The City Clerk will advise of any items for Council consideration.
* * * **
BUDGET
The Director of Finance will make a presentation. Bring your budget binders.
* * * **
RATIFICATION OF "IN CAMERA" RECOMMENDATIONS
* * * **
BY -LAWS
The City Clerk will advise of any additional by -laws or amendments to the by -laws
listed for Council consideration.
2012 -007 A by -law to provide for the adoption of Amendment No. 94 to the City of
Niagara Falls Official Plan.
2012 -008 A by -law to adopt, ratify and confirm the actions of City Council at its meeting
held on the 31' day of January, 2012.
* * * **
NEW BUSINESS
F- 2012 -04
Niagaraaalls January 31, 2012
REPORT TO: Mayor James M. Diodati
and Members of the Municipal Council
City of Niagara Falls, Ontario
SUBMITTED BY: Finance Department
SUBJECT: F- 2012 -04
Monthly Tax Receivables Report
RECOMMENDATION
That Council receive the Monthly Tax Receivables report for information purposes.
EXECUTIVE SUMMARY
This report is prepared monthly to provide Council with an update on the City's property
tax receivables. Outstanding taxes as of December 31, 2011 were $18.1 million compared
to $19.3 million in 2010. During December, tax receivables as a percentage of taxes billed
decreased from 11.6% in 2010 to 10.7% in 2011. The City's finance staff has had
continued success in resolving properties that are subject to registration for 2011. At this
stage, 94% of properties have developed payment arrangements or have paid in full.
There are currently twenty -one properties scheduled for tax sale in the next two years.
BACKGROUND
This report is being provided as part of the monthly financial reporting to Council by staff.
It is also submitted to our banking institution for compliance with our banking agreement.
ANALYSIS /RATIONALE
Tax collection for 2011 improved during the month of December. Table 1 shows that taxes
outstanding at December 31 2011 are $18.1 million. This represents a decrease from
$19.3 million in arrears for the same period in 2010. Finance staff continues to actively
pursue property owners in arrears.
Table 2 provides the breakdown of outstanding taxes by assessment class. The majority
of outstanding taxes are for residential and commercial properties. The chart shows that
the taxes owing from the commercial property class have decreased from a year ago,
whereas the residential property class has increased.
Finance staff takes specific collection actions for properties that are subject to registration.
These action steps have been outlined in previous reports. At January 1, 2011, 390
properties were subject to registration. Table 3 summarizes the progress of these actions
after twelve months of activity. This table shows 93.6% of the tax accounts or 365
properties have been paid in full or the owners have made suitable payment arrangements.
During December, seven accounts were paid in full. In addition, the number of accounts
with suitable payment arrangements including full payments increased from 93.3%
(November) to 93.6% (December).
January 31, 2012 - 2 - F- 2012 -04
Finance staff continues to make every effort to have accounts paid in order to avoid the
registration process and the associated costs related to that process.
Table 4 identifies the properties and associated tax arrears scheduled for tax sales in the
future. During the month of December, two registered properties were redeemed and eight
properties were registered. The outstanding taxes for registered properties represent 6.9%
of the total outstanding taxes at month end.
FINANCIAL /STAFFING /LEGAL IMPLICATIONS
Tax arrears as a percentage of taxes billed in a year is a performance measure that
stakeholders utilize to analyse an organization's financial strengths. Niagara Falls, due to
its high reliance on commercial assessment, is traditionally higher compared to
municipalities of similar size. The percentage of taxes outstanding to taxes billed as at
December 31, 2011 is 10.7% which is a decrease from 2010's value of 11.6 %. The
municipality has a record of full collection and earns significant penalty revenues to offset
the higher measure.
LIST OF ATTACHMENTS
Table 1 Taxes Receivable at December 31, 2011
Table 2 Taxes Receivable by Property Class at December 31, 2011
Table 3 Number of Properties Subject to Registration
Table 4 Scheduled Tax Sales Dates for Registered Properties
Recommended by:
Todd Harrison, Dir for of Finance
Respectfully submitted: L11
p Y
Ken To d, Chief Administrative Officer
A. Felicetti
F- 2012 -04
TABLE 1
Total Taxes Receivable
Owing at December 31, 2011 2011 2010
Outstanding Taxes @ November 30, 2011 $ 23,918,983 $ 23,759,552
Supplemental Due December 29, 2011 $ 1,836,358 $ 1,496,404
Taxes Collected during December $ 7,656,060 $ 5,909,174
Outstanding Taxes @ December 31, 2011 $ 18,099,281 $ 19,346,782
TABLE 2
Taxes Receivable by Property Class
as at December 31, 2011
2011 % of Class 2010 % of Class
Taxes Owing Taxes Owing
Residential $ 7,688,789 42.48% $ 7,672,253 39.66%
Multi- Residential $ 216,540 1.20% $ 274,931 1.42%
Commercial $ 9,500,510 52.49% $ 10,583,399 54.70%
Industrial $ 648,025 3.58% $ 808,501 4.18%
Farmlands $ 45,418 0.25% $ 7,698 0.04%
Total Receivables $ 18,099,281 100.00% $ 19,346,782 100.00%
TABLE 3
Properties Properties
Subject to Subject to %
Registration Registration
as at November 30, 2011 as at December 31, 2011
Initial Amount 390 390
Paid in Full 142 149 38.2%
Payment Arrangements 222 216 55.4%
Ongoing Collection 21 13 3.3%
Action
Registered 5 12 3.1%
390 390 100.0%
TABLE 4
Scheduled Number Taxes
Tax Sales of Oustanding
Date Properties Amount
May 2012 3 $ 745,749
November 2012 10 $ 122,008
May 2013 8 $ 375,156
Totals 21 $ 1,242,913
PD- 2012 -03
Niagaraaalls January 31, 2012
REPORT TO: Mayor James M. Diodati
and Members of the Municipal Council
City of Niagara Falls, Ontario
SUBMITTED BY: Planning, Building & Development
SUBJECT: PD- 2012 -03
Official Plan Amendment No. 94
Growth Plan Conformity
RECOMMENDATION
1. That Council adopt Amendment No.94 to the City's Official Plan.
2. That Council defer the designation and policies relating to the Morrison /Dorchester
Node at this time for the reasons stated in this report.
EXECUTIVE SUMMARY
On June 27, 2011, Council deferred the adoption of Official Plan Amendment No. 94,
which will bring the Official Plan into conformity with the Growth Plan for the Greater
Golden Horseshoe and the Regional Policy Plan. The reasons for deferral were issues
related to the Transportation Master Plan's recommendation for a Morrison Street QEW
flyover, the retention of City -owned lands for this purpose, and the outstanding subdivision
application for the Optimist Park lands.
The City is mandated to bring its Official Plan into compliance. Official Plan Amendment
No. 94 (OPA No. 94) was prepared by staff to accomplish this. Extensive public
consultation has occurred. OPA No. 94 has been modified as a result of the comments
received through this process. The amendment is a series of enabling policies that will
provide for intensification and redevelopment within the existing, or Built -up Area, of the
City and the development of Greenfield Area with a greater mix of housing types and uses.
The amendment will not change the current Official Plan designation of any property;
intensification may only proceed through zoning by -law amendment and in the case of
Greenfields, through the preparation of secondary plans.
In order to advance OPA No. 94, it is recommended the policies and mapping respecting
the Morrison /Dorchester Node be deferred and the balance of the amendment be adopted.
The deferral of the Morrison /Dorchester Node will allow staff to assess the policies in light
of the adoption of the Transportation Master Plan and also assess the impact on the
deferred policies of the Optimist Park application, the appeal of the proposed
redevelopment of the former Canada Home Products site and the re- tenanting of the
former WalMart site.
January 31, 2012 - 2 - PD- 2012 -03
BACKGROUND
On June 27, 2011, Council deferred its decision on the adoption of Official Plan
Amendment No. 94, which will bring the Official Plan into conformity with the Growth Plan
for the Greater Golden Horseshoe. The reasons for deferral were issues related to the
Transportation Master Plan's recommendation for a Morrison Street QEW flyover, the
retention of City -owned lands for this purpose and the outstanding subdivision application
for the Optimist Park lands.
Overview of the Amendment
As Council is aware, the Province enacted the Growth Plan for the Greater Golden
Horseshoe in June 2006. In May 2009, the Niagara Region approved its growth
management strategy, Niagara 2031, through Regional Policy Plan Amendment 2 -2009.
This amendment is currently under appeal to the Ontario Municipal Board. These two
documents, together with the City's Municipal Comprehensive Review (urbanMetrics,
October 2007) form the background for OPA No. 94.
The basis of OPA No. 94 is to accommodate the forecasted growth in population,
households and employment to 2031. The Niagara Region, in Niagara 2031, allocated the
following proportion of the region's growth to the City:
• a population increase of approximately 24,600 people;
• an increase of 10,245 households; and
• a growth in employment of 10,880 jobs of which approximately half will be in the
tourism and accommodation sector.
Schedule A -2 (attached) divides the urban area of the City into two distinct areas: the
existing or Built -up Area (white area) and the Greenfields (green).
Built -up Area: The Built -up Area is the area of the city occupied by existing
development and neighbourhoods. This is the area of intensification
and redevelopment is to occur. Within the Built -up Area:
• 40% of all housing starts, on an annual basis, by 2015. Based
on recent trends, this would equate to about 110 units per year.
• Intensification is to be concentrated in four nodes and
intensification corridors.
• Four nodes were chosen based on the following rationale:
- Downtown and Drummondville - both areas have under-
utilized commercial space and are Community
Improvement Areas. Residential intensification will
stimulate revitalization of the commercial sector through
investment and added market population.
- Stamford - residential intensification will assist in
maintaining the core services and vitality of this
commercial node.
January 31, 2012 - 3 - PD- 2012 -03
- Morrison /Dorchester- residential intensification provides
for an alternate form of development that will assist in the
realization of approved and unbuilt commercial space.
• Intensification corridors are located on arterial roads which
have characteristics such as developable land and access to
transit as well as retail and commercial service that lend
themselves to have residential uses either introduced or
expanded. Corridors include:
- Lundy's Lane
Victoria Avenue
- McLeod Road
- Dunn Street
- Thorold Stone Road
- Portage Road
• In addition there are further opportunities to achieve
intensification in the Built -up Area outside of the nodes and
corridors. OPA No. 94 provides for policies to guide
intensification in these instances.
• The final form of intensification includes policies to allow for
secondary apartments in single detached houses. The policies
require minimum standards (lot size, parking) be included
through zoning amendment (either comprehensive or site
specific) to address this Provincial interest.
Greenfields: Greenfields are the areas within the urban boundary that have yet to be
developed. They are where the balance of the population and
household growth will occur.
• The projections anticipate a sure, steady growth over the next
20 years in three areas of the City.
• Development will be phased with the southwest (Garner South)
area proceeding first, followed by the Thundering Waters
Secondary Plan (south of Oldfield Road) and Chippawa
subsequently.
• Policies require that secondary plans be prepared to provide
more detailed policies on the location and type land uses as well
as phasing.
• The Region has mandated that the City provide policies to
generate 53 people and jobs per hectare. Thus, greenfields will
have a greater mix of housing and higher densities than has
previously been seen in the City together with employment
opportunities.
January 31, 2012 - 4 - PD- 2012 -03
Employment Lands:
Part of OPA No. 94 is to ensure a supply of employment lands.
• Regional projections forecast a density of 30 jobs per hectare.
• Employment lands along the QEW (brown hatched area) are to
be protected for uses that require QEW frontage and access.
This is part of the implementation of the Gateway Economic
Zone (GEZ) that is envisaged by the Growth Plan.
• In 2010, Official Plan policies were adopted and the
implementing zoning passed for the Brownfield Pilot Project
Area (the former CN Rail lands south of Buttrey Street and the
former Cytec Canada lands, east of Stanley Avenue), to
accommodate an expanded range of employment uses.
Deferral of the Morrison /Dorchester Node:
It is recommended that the Morrison /Dorchester Node be deferred.
Since OPA No. 94 was deferred in June, Council has dealt with some
of the issues that will impact on this Node. Specifically:
• adopted the Transportation Master Plan with the
recommendation of a future Morrison Street flyover the QEW;
• not declared surplus lands associated with the Morrison Street
road allowance, thus allowing for the flyover; and
• decided to proceed with discussion with CN Rail and other
parties regarding the relocation of the rail line that bisects the
urban area of the City, especially this Node.
Despite this, there are still some outstanding matters that should be
reviewed by staff as to their possible impacts on the policies for this
Node. These include:
• the re- tenanting of the former WalMart building;
• the appeal of the application for the former Canada Home
Products site;
• the current application for the redevelopment of the Optimist
Park lands.
Summary
OPA No. 94 is a comprehensive amendment to the City's Official Plan that will guide the
development of the City to 2031. The amendment was prepared based on consultant's
work at the City and Regional levels, as well as research and policy development by staff.
Extensive public consultation serve to refine the amendment. There are no substantive
policy changes to the amendment since Council's consideration of it in June, 2010.
Council should also note that the statutory public meeting requirements of the Planning Act
have been satisfied.
January 31, 2012 - 5 - PD- 2012 -03
CONCLUSION
Official Plan Amendment No. 94 is being recommended for adoption with the
Morrison /Dorchester Node being deferred at this time. The deferral will allow staff time for
further review but will also allow the amendment to be adopted and proceed through the
approval process at the Region. All comments received have been addressed as noted
in report PD- 2011 -39.
FINANCIAL IMPLICATIONS
Development of existing urban land makes better use of existing infrastructure, transit and
other public services. As such, OPA No. 94 will assist in the financial sustainability of the
City.
CITY'S STRATEGIC COMMITMENT
Adoption of OPA No. 94 is listed as a specific Council priority under A Well Planned City.
Adoption of the amendment also assists in the implementation of Infrastructure
Sustainability, Economic Vitality and Convenient, Accessible and Sustainable Transportation.
LIST OF ATTACHMENTS
► Appendix 1 - Schedule A -2 Urban Structure Plan
(By -law to adopt OPA No. 94 is on the agenda.)
Recommended by:
Alex Herlovitch,
Director of Planning, Building & Development
Respectfully submitted: ` .2- 14 14-1 (
K n Todd, Chief Administrative Officer
J.Barnsley
Attach.
S: \PDR\2012 \PD- 2012 -03 OPA No. 94, Growth Plan Conformity.wpd
January 31, 2012 - 6 - PD- 2012 -03
APPENDIX 1
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PD- 2012 -13
NiagaraJans January 31, 2012
(.1V lU_1
REPORT TO: Mayor James M. Diodati
and Members of the Municipal Council
City of Niagara Falls, Ontario
SUBMITTED BY: Planning, Building & Development
SUBJECT: PD- 2012 -13
Telecommunication Facility Consultation
2095 Stanley Avenue, Niagara Falls
Summit Telecom on Behalf of Public Mobile Inc.
RECOMMENDATION
It is recommended that Industry Canada be advised that the City of Niagara Falls has no
objection to the construction of a 40 metre (131 ft) monopole structure and 60 square
metre compound on the lands at 2095 Stanley Avenue, Niagara Falls.
EXECUTIVE SUMMARY
The proposal to erect a 40 metre flag pole telecommunication tower at 2095 Stanley
Avenue can be supported based on the following:
• the proposal is within an industrial area and away from residential areas; and
• the monopole tower design will blend into the area and is buffered from street level
view by commercial buildings and setback from Stanley Avenue.
BACKGROUND
Public Mobile has requested a telecommunication facility at 2950 Stanley Avenue to
provide in- building coverage to the residential area south of Mountain Road and Portage
Road as well as in -car coverage along Highway 405. The applicants have stated that the
existing structures and towers in the area, of which there are 2, are unsuitable to achieve
coverage for their wireless network.
The proposed tower and related radio equipment cabinet is proposed near the eastern
(rear yard) lot line of the subject lands, adjacent to a metal clad warehouse on the
neighbouring lands. The tower and the cabinet will be fenced within a compound that will
occupy 60 square metres. Additional equipment can be installed within the compound and
the tower can accommodate additional carrier antennas.
Industry Canada is responsible for the licensing and approval of telecommunication
equipment and facilities. As part of the application process, proponents of new systems
are required to consult with local municipalities and the public in accordance with local
protocols.
January 31, 2012 - 2 - PD- 2012 -13
The City adopted a Consultation Process for Radio Telecommunication Facilities in July,
2008. The protocol requires the proponent of a facility to hold a public information meeting
and to forward any written or oral concerns /issues received from the public to the City to
form part of their deliberation of the proposal. If concerns have been raised, the method
by which the proponent has dealt with it must also be forwarded to the City. The decision
of Council serves as a written response to Industry Canada on behalf of the City for the
proposal.
ANALYSIS
As per the City's Consultation process, an information package and notice of the
December 15, 2011 information meeting was to be sent to property owners located within
three (3) times the height of the proposed installation and advertised in the Niagara Falls
Review on November 18, 2011. The proponents have not received any written or oral
comments or questions from the public.
The information package was circulated by Planning staff to other City Departments and
no objections to the proposal were received. It has been noted that a site plan agreement
(SPC- 20/2005) is registered on this property. The survey plan for the tower identifies
access across 2 of the parking spaces identified on the site plan however, since the
building as it exists requires 14 parking spaces while the site plan accommodates 21, this
is not an issue at this time. However, any future expansion of the existing building that
requires these two spaces will need to satisfy the requirements of the site plan agreement.
LIST OF ATTACHMENTS
► Appendix 1 - Location Plan
► Appendix 2 - Site Plan
► Appendix 3 - Summary of Public Consultation
Recommended by:
Alex Herlovitch, Director of Planning, Building & Development
Respectfully submitted:
Ken Todd, Chief Administrative Officer
F. Berardi:mb
Attach.
S: \PDR\2012 \PD- 2012 -13, 2095 Stanley Ave, Telecommunication Faciltiy Consultation.wpd
January 31, 2012 - 3 - PD- 2012 -13
APPENDIX 1
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January 31, 2012 - 4 - PD- 2012 -13
APPENDIX 2
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January 31, 2012 - 5 - PD- 2012 -13
APPENDIX 3
SUMMIT
ONO
Tel. 4905) 928 -9481
Fax: ;888) 622-4939
2645 9oyal Windsor Drive
Mississauga. Ontario .5) 169
January 19, 2012
Francesca Berardi
Planning & Development
City of Niagara Falls
4310 Queen Street, PO Box 1023
Niagara Fails, ON L2E 6X5
Dear Francesca Berardi,
Re: Public Mobile Inc- Site: ONNIA0811
Proposed Wireless Communications Structure — 2095 Stanley Avenue, Niagara Falls
Summit Telecom Services inc., on behalf of Public Mobile inc., would like to inform the City of
Niagara Falls that the public consultation as required by Industry Canada: CPS- 2 -0 -03 —
Radiocomml.nication and Broadcasting Antenna Systems and City of Niagara Falls Procedure:
Consultation Process for Rollo Telecommunication Facilities Report PD- 2008 -52 has been
completed.
Mail notification was sent out on November 10, 2011 to the owners of property within a radius of
3 times the height of the tower (3 * 40m = 120m) measured from the base of the
telecommunication tower as required by Industry Canada. Comments were to be submitted by
the close of business on December 23, 2011. As of today, January 19, 2012 we have not received
ary emails, phone calls or faxes with questions or comments and City of Niagara Falls & industry
Canada did not forward any comments to us that they may have received.
in addition to the mad notification, a public information session was held on December 15, 2011
at 7pm in the Committee Room 2, Lower Floor of City Hat, Niagara Fails as required by the City of
Niagara Falls. The mail notification included the date, time and location for this public
information session and a public notice was published in the Niagara Fails Review on November
18, 2011 as required by industry Canada. There were no obections, comments or questions
presented at the public information session. Hydro One provided comments requesting that the
proponent is aware of transmission lines in the vicinity and must follow Section 186 of the
Regulations for Construction Projects in the Occupational Health and Safety Act.
From the Planning Department, we received only one internal comment from the Building
Department that there is no issue with the proposed tower, however that a Building Permit will
be required. We have provided both the Planning & Development and Building Department with
a reference that can be viewed on the Ministry of Municipal Affairs and Housing at
http: llwww .mah.gov.on.calPage8668.aspx. This reference states that 'It is the opinion of the
- -lousing Development and Buildings Branch that the applicator of Cladse 1.3,1.1.;2,(:) of the
Coce =s restrictec and it would not apply in respect of the design anc constructor, of
o s . . s ■ • •
January 31, 2012 - 6 - PD- 2012 -13
SUMMIT
■u•
Tei' (946) 92R -9481
Fax: Ma) 622 -4939
2649 Royal Windsor Drive
Mississauga, Ontario L53 1k9
communicator towers u6laseo for feoerai egu`ateo tr3accast:ng and to :ecor,P'+unicati2n
unoertakings."
We would like to request a report to Niagara Fails City Council to be prepared by planning staff
requesting concurrence that Summit Telecom Services Inc, on behalf of Public Mobile inc, has
satisfied the requirements for public consultation as outined under industry Canada: CPC- 2 -0 -03
and City of Niagara Fails Procedure: Consultation Process for Radio Telecommunication Facilities
Report PD- 2008 -52.
The following documents have beer included for reference in this package:
Mail Notificatior Package
Mailing List for Mail Notfitation
Public Notice that appeared in the .N ogaro Foils Review on No 18, 2011
Hydro One Comments
Building Department Comments
Please let me knov, if arythirg a ?se is recurred to prepare a report to council.
Sincerely,
Jay Lewis
TS- 2012 -04
Niagarapalls January 31, 2012
REPORT TO: Mayor James M. Diodati
and Members of the Municipal Council
SUBMITTED BY: Transportation Services
SUBJECT: TS- 2012 -04
Supply of an Automated Stop Announcement System
Conventional Transit Fleet
RECOMMENDATION
That Council approve an increased expenditure of $60,000 on the Automated Bus Stop
Announcement System for the Niagara Falls Transit fleet.
That Council approve the use of the Provincial Transit Gas Tax Reserve to fund the
increased expenditure.
EXECUTIVE SUMMARY
Transit staff has worked with the Transit Intelligent Transportation System (ITS) Review
Committee to select one vendor to provide all the necessary components to ensure the
Visitor Transportation System (VTS), as well as Niagara Falls Transit fleets receive the
most competitive pricing and best solution regarding continuity. Upon reviewing the
submissions and scoring the vendor presentations, Clever Devices was selected by the
Committee as the preferred ITS supplier for the VTS and Municipal bus fleet. The
Automated Stop Announcement system had an approved expenditure of $300,000 in the
2011 Capital Budget. The final cost estimate is $360,000. The increased expenditure can
be funded from the Provincial Gas Tax Reserve. At year end, the reserve had
approximately $480,000 available. The Provincial Gas Tax is an annual program provided
to municipalities strictly for transit operational and capital investments.
BACKGROUND
As per the Accessibility for Ontarians with Disabilities Act and the Ontario Human Rights
Commission directives, Niagara Falls Transit must provide our customers with next bus
stop location as the bus travels along the route. For more than two years, our bus
operators have been manually calling out the many stops, but this system does not provide
our customers with hearing impairments the necessary information. Transit staff has
budgeted for the implementation of an Automated Stop Announcement system, providing
audible announcements, as well as visual next bus stop information to our passengers via
a sign mounted near the front of the bus that scrolls the information across the screen.
When the Requests for Proposals for the ITS solution were issued, a separate pricing chart
was requested for the vendor to indicate the costs associated with implementing the same
ITS equipment within the Niagara Falls Transit fleet of buses. For continuity and efficiency,
Transit staff did not want to have multiple vendors supplying differing components onto the
VTS, as well as municipal fleet. At the present time, to meet accessibility guidelines, the
January 31, 2012 - 2 - TS- 2012 -04
only ITS components required on our municipal fleet are the Automated Stop
Announcement system. At the time the 2011 Capital Budget was prepared, the cost
estimate was $300,000, which was approved by Council. With the acceptance of the
Clever Devices submission by the Review Committee, an additional $60,000 in funding is
required.
ANALYSIS /RATIONALE
Niagara Falls Transit staff is committed to providing our customers with the most accurate
and accessible information possible, as well as meeting the guidelines of the Accessibility
for Ontarians with Disabilities Act. To ensure compliance and better assist our passengers,
our Bus Operators have been manually calling out the bus stops for more than two years.
This is not the preferred solution to this program as it does not address those with hearing
impairments and has significant operational issues, such as consistency and safety
concerns. This technology has been successfully employed by many municipalities to
enhance the level of service provided to all residents on their public transit systems. The
acceptance of the Clever Devices solution, further allows Niagara Falls Transit to expand
the technology in the most efficient manner based on the continuity of the components
between our municipal service and the Visitor Transportation System suite of equipment.
FINANCIAL /LEGAL IMPLICATIONS
The additional $60,000 can be funded from the existing Provincial Gas Tax Reserve. The
Provincial Gas Tax is annual funding provided to the municipality for use solely for Transit
Operations. At year end, a balance of $480,000 exists. As a result, the funding required
to offset the increased expenditure is available.
Failure to provide next bus stop information via an Intelligent Transportation Solution could
expose the municipality to possible litigation through the Accessibility for Ontarians with
Disabilities Act, as well as the Ontario Human Rights Commission.
CITY'S STRATEGIC COMMITMENT
This initiative is supported by Council's Strategic Priority to actively support economic
development opportunities, such as this accessibility enhancement, which will provide
convenient, accessible and sustainable independent transportation for members of our
community.
Recommended by: �1 .
Karl Dren, Director of Transportation Services
Respectfully submitted:
Ken Todd, Chief Administrative Officer
D. Stuart
V:\2012 COUNCIL\2012 01 31 \TS- 2012 -04- Supply of Transit Next Stop Announcement System.wpd
R &C- 2012 -02
NiagaraFalls January 31, 2012
REPORT TO: Mayor James M. Diodati
and Members of the Municipal Council
City of Niagara Falls, Ontario
SUBMITTED BY: Recreation & Culture
SUBJECT: R &C- 2012 -02
Early Approval to Update the Strategic Plan
for the Provision of Parks, Recreation, Arts & Culture
RECOMMENDATION:
That City Council grant early approval of $75,000.00 to update the Strategic Plan for Parks,
Recreation, Arts & Culture.
EXECUTIVE SUMMARY
The current Strategic Plan for the Provision of Parks, Recreation, Arts & Culture was
completed and presented to City Council on January 22, 2007. The comprehensive report
was developed to serve as the guide for staff in setting priorities and strategic directions
for making recommendations to Council concerning the services of Parks, Recreation &
Culture Division over the next ten (10) years. The Strategic Plan is a tool to strengthen
and focus on Niagara Falls' parks, recreation and cultural services delivery and enhance
the City's capacity to provide for these services now and into the future.
During the last five years, the community indoor and outdoor recreation inventory has
significantly changed. Major changes to the inventory include the Boys & Girls Club new
facility, completed in June 2011, an artificial turf field, September 2008 at Kalar Road
Soccer Complex and the future loss of Optimist Hall including the outdoor greenspace
used for community events and eight diamonds in 2013 at Optimist Park. With the addition
of new facilities and deletion of other community facilities, combined with emerging trends
not identified in the existing plan, an update is highly recommended to guide staff in setting
priorities for the next ten years.
BACKGROUND
May 2005, the consulting firm of dmA Planning and Management Services was selected
to complete the current Strategic Plan. A Steering Committee with representatives from
staff, various committees and the public worked with the consulting firm. Public input was
also a critical component of the Strategic Plan and included community forums, community
survey, and user group interviews and surveys, as well as key informant interviews.
January 31, 2012 - 2 - R &C- 2012 -02
In addition to the Final Report, two other background reports were developed: a Technical
Planning Report (August 2006) that contains a community and service profile documenting
relevant findings of the community consultation program and a Needs Assessment that
identified parkland and facility requirements and forms the basis of the recommendations
presented in the final report (January 2007).
The recommendation to update the Strategic Plan was discussed at the January 10, 2012
Recreation Committee meeting. The following motion was made by Paisley Janvary-Pool
and seconded by Dan Cummings,
That the Recreation Committee supports an updated plan but would like to provide
more input into the process prior to anything going to Council or out for proposals.
The update to the Strategic Plan was also discussed at the January 18, 2012, Park in the
City Committee meeting. Committee members were aware of the changes to the
recreation facility inventory but concerned about updating the plan early in 2012 instead
of 2017, as stated in the current document. For the plan to be successful, committee
members stressed the importance to collect input from the community to fully understand
the needs of Niagara Falls sport organizations and residents.
An update to the Terms of Reference will be developed by staff with input from appropriate
stakeholders. The Terms of Reference will include the requirement to co- ordinate
community forums, interviews with key stakeholders including City Councillors and
Committees of Council. A request for proposal will be issued early Spring with the goal
of selecting the consultant in April to begin the project.
ANALYSIS /RATIONALE
The Strategic Plan, 2007 was developed to guide the Parks, Recreation and Culture
Department for 10 years, 2017. However, with significant changes to the recreation facility
inventory and limited financial resources for capital projects, an update is recommended
to ensure financial resources are directed toward the projects identified as the greatest
community need. Staff recommends a future Culture master plan to highlight the Culture
needs of the community including arts and heritage as significant changes including the
development of the Museum has occurred.
FINANCIAL /STAFFING /LEGAL IMPLICATIONS
The update to the Strategic Plan will direct staff when setting priorities and strategic
directions to Council concerning the services of Parks and Recreation over the next ten
(10) years. The document is required to determine Municipal Works and Recreation &
Culture capital need priorities to develop and /or improve playing fields, parks, playgrounds,
outdoor pools /splash pads, and recreation centres.
The project cost of $75,000 can be funded from existing reserves including the Parks and
Recreation Development Charges Reserve without impacting the 2012 General Purposes
Budget.
January 31, 2012 - 3 - R &C- 2012 -02
CITY'S STRATEGIC COMMITMENT
Infrastructure Sustainability: To Prepare ten year capital needs assessments for roads,
sewers, water, fleet, technology and facilities. The update to the Strategic Plan will allow
staff to determine ten year capital needs for indoor and outdoor recreation facilities. The
Strategic Priority, Healthy and Safe Community states the need to Continue to implement
the recommendations from the 2007 Strategic Plan for the Provision of Parks, Recreation,
Arts & Culture.
Recommended by: / 1 C '1 '(r [ (��f
Kathy Moldenhauer
Acting Director of Recreation & Culture
Approved by:
Ken Todd, Chief Administrative Officer
Clerks Department
Inter - Department Memorandum
TO: Mayor James M. Diodati DATE: January 31, 2012
& Members of Council
FROM: Dean Iorfida
City Clerk
Ext. 4271
RE: Library Board Vacancy
Shirley Fisher and Nancy Eidt resigned from the Niagara Falls Public Library Board prior to
Christmas.
As per the General Terms of Reference to Advisory Committees of Council approved in 2011,
City Council may choose to not fill a vacancy(s), go to the runner up list from the beginning of the
Council term or accept recommendations from the advisory committee.
The runners -up from the beginning of the term were Elisabeth Teunis and Louis Visentin, who were
tied in voting for the final vacancy.
The Board is recommending that the vacancies be filled by Mr. Visentin and Brad Peters.
RECOMMENDATION: For the consideration of Council.
4 ;jllA'
Working Together to Serve Our Community
(1/24/2012) Dean lorfida - Recommendations for Library Board Page 1
From: Monika Seymour < mseymour @nflibrary.ca>
To: Dean lorfida <diorfida @niagarafalls.ca>
Date: 1/19/2012 11:59 AM
Subject: Recommendations for Library Board
Attachments: Trustee cover letter.docx; Library Trustee resume.doc
Hi Dean,
At yesterday's meeting the Board has recommended that Louis Visentin and
Brad Peters be appointed to the Library Board, please.
I am attaching up to date information for Mr Peters, who we know is
interested and available. I have no contact info for Mr Visentin - you
would have that in your files.
Thank you
Monika
Monika Seymour, BA,MLS
Chief Librarian
Niagara Falls Public Library
4848 Victoria Avenue
Niagara Falls, Ontario
L2E 4C5
905 - 356 -8080, Ext.230
Fax 905 - 356 -9498
mseymour @nflibrary.ca
Library services are provided free of charge. To help defray our
costs, please donate at http: / /www.nflibrary.ca /donate
k 4°+/w IL) uean iortida - Trustee cover Ietter.docx
Page
December 1, 2011
Monika Seymour, BA,MLS
Chief Librarian
Niagara Falls Public Library
4848 Victoria Avenue
Niagara Falls, Ontario
L2E 4C5
Ms. Seymour;
Thank you for taking the time to respond to my request concerning additional information about
the library trustee position. Upon reviewing the provided material, I would like to apply for one
of the openings on the board.
The opportunity to serve the city through the library board is an exciting one. As we, as a society,
move deeper into this information age, I can only envision the Niagara Falls Public Library
becoming even more prominent on our city's landscape. In our increasingly "wired" world,
exposure to information is now easier to access than ever before. Not surprisingly, as the demand
for information has increased, the need and desire for community interaction, I believe, is also on
the rise. I see the library, through all of its branches, providing this synthesis of information and
community.
As a city resident with two young children, we have utilized many of the library's many diverse
programs in the past and look forward to many more in the years to come. The opportunity to
contribute to such programs is, as mentioned, exciting, especially considering the challenges that
may face the library in the immediate future.
In a rapidly changing information environment, the ways that the public uses the library, I
suspect, has changed radically in recent years. I believe that it's safe to assume that the public's
needs and expectations of the library will continue to change in the years ahead. To be honest,
I'm not sure what those changes may look like — who could have predicted the widespread
embrace of digital information 10 or 15 years ago? — but the opportunity to learn about the library
system and trends, work with library staff and other trustees to contribute to that new future, if
only in a small way, is definitely something with which I would like to be associated.
I have also included a resume outlining my employment history and education, but if you have
any additional questions, or require more information, please don't hesitate to contact me.
Thank you for your time,
Brad Peters
(1/24/2012) Dean lorfida - Library Trustee resume.doc Page 1
Bradley James Peters
3787 Panama Court,
Niagara Falls, Ont.
L2J 3Z8
(905) 357 -1041
bmpeters @sympatico.ca
Citizenship: Canadian: Born Oct. 15, 1968 in Ajax, Ont.
Marital Status: Married — K. Michelle Peters. Two children, daughter Ceilidh, 11 years
old and son Noah, nine years old.
Education: McMaster Divinity College, Hamilton, Ont. — January 2007 to April 2011
Completed the MacDiv Ministry program. Courses include Preaching,
Greek, Systematic Theology, Church Leadership, Biblical Interpretation
and Application, Baptist History and Polity; Introduction to the Old
Testament; Pastoral Counselling; History of Christianity since the
Reformation, Early Church History, Missional Church Growth and
Christian Ethics: Money, Sex and Power.
Durham College, Oshawa, Ont. — September 1995 — April 1997
Honours graduate of the Journalism program. Focus on beat reporting,
feature writing, design and layout. Layout was learned on Macintosh
systems with QuarkXpress being the primary design program.
Durham College, Oshawa, Ont. — September 1991 — April 1993
Graduate of the three -year Environmental Technology program. Focus on
laboratory work and research projects. Heavy emphasis on scientific
instrumentation.
Other educational experiences: Completion of several journalism - related
workshops and attendance at three EQUIP conferences in Burlington, Ont., at
Compass Point Church.
Employment History
April 2011 — present
First Baptist Church Niagara Falls
Interim Pastor — Duties include planning and leading of weekly worship
services, working in conjunction with the minister of worship; to engage
the congregation in missional thought and outreach through development
of missionally based initiatives; to be involved with adult discussion
(1/24/2012) Dean lorfida - Library Trustee resume.doc Page 2
groups; counseling and visiting members as required; attending monthly
meetings of church board of stewards and other ministerial meetings as
required, including inter - denominational activities. Also employed at the
Niagara Falls Review during this time.
January 2007 — present
Various churches throughout Niagara Region
Pulpit supply — In the absence of the regular minister, I have been
honoured to have provided pulpit supply at a number of churches
throughout the region, including First Baptist Church Thorold, Facer
Street Baptist Church, First Baptist Church Niagara Falls, Port Colborne
Baptist Church and First Baptist Church Beamsville. Also employed at the
Niagara Falls Review and attending McMaster University during this time.
May 2008 — August 2009
Facer Street Baptist Church
In conj unction with the MacDiv Ministry Formation program, I served as
the sole pastoral staff member at Facer Street Baptist Church in St.
Catharines for 15 months. Duties included planning and leading all
worship services; contributing to leadership of the church through regular
deacons' meetings; acting as primary liaison and contact with Chinese
Alliance Church and Spanish Pentecostal Church that also operated out of
the Facer Street facility. Also employed at the Niagara Falls Review and
attending McMaster University during this time.
January 2002 — present
The Niagara Falls Review
News Editor and Sports Editor — Duties in this management position
include copy editing all locally produced and wire service news copy, story
selection, layout and design of The Review's front page and local news
section; assigning stories to newsroom reporters; supervising Review
reporters, editors and staff photographer; liaison between newsroom and
pre -press /production departments; developed and served as editor for Hot
Spots, The Review's weekly entertainment publication; hiring and
supervising freelance reporters and photographers; write editorials for
Review's Opinion page, writing copy for the Review's sports section.
April 1999 — January 2002
The Cornwall Standard- Freeholder
Special Projects Editor — Duties in this management position included the
editing, design and layout for the Standard- Freeholder's daily publication.
I worked on all desks — Front Page, City, Wire and Sports. Required to
work with reporters on copy and assignments, Secondary responsibility
was the writing, editing, layout and production of the Air Creebec
Destinations magazine (quarterly). Editing and layout /design of all tab
(1/24/2012) Dean lorfida - Library Trustee resume.doc Page 3
projects — Young at Heart (Seniors), Education and holiday tabs.
November 1998 — April 1999
The Cornwall Standard - Freeholder
Swing Editor and Reporter /Photographer — Duties included copy editing,
page layout /design of daily newspaper, as well as selecting and editing
stories from news wire services. General assignment reporting duties with
a focus on health and science issues. Promoted to Special Projects Editor
in April 1999.
October 1997 — November 1998
The Prince Albert Daily Herald
Wire Editor — Duties included editing copy for five city -side reporters,
layout and design of city and local news pages, selecting and editing
stories from Canadian Press and Saskatchewan News Network wire
services, layout and design of all inside pages, Editorial page columnist
and weekly entertainment column.
March 1997 — October 1997
The Prince Albert Daily Herald
Reporter /Photographer — Health and science beat. Focusing mainly on the
local district health board, medical features, environmental science
features, health labour issues and health -care funding issues. Also covered
general news stories.
References:
Available on request
k I FPLL StCLEP .;'114 407 110:1 2011 2014
Application for Citizen Appointments to
Boards, Commissions and Committees
NIAGARA FALLS LIBRARY BOARD
(NAME OF BOARD / COMMISSION / COMMITTEE)
I APPLICATION INFORMATION 1
Name: e-mail:
Louis P. Visentin Iisentin@cogeco.ca YES NO
Street Address: Postal Code:
20 -5070 Drummond Rd. L2E 6E4 A g e 18+ X
Home Phone: Cell Phone: (optional) Resident of X
289 296 0357 Niagara Falls
QUESTIONNAIRE I Did you attend the committee open house in 2011? Yes _ No X
Have you been on a City Council appointed committee or board in the past ?: Yes - No X
Briefly describe your recent volunteer experience:
1. Chairman of NFLD. Science Council, 1988 -892. 2. Member of Renaissance Sackville, N.B 1993 -95.
3. Member Frank McKenna's, N.B. Info, Highway Council 1994 - 2000.4. Exec. Council of NRCC and
Advisory Board of Biosciences, NRCC. 5. Chair of Bird Studies Canada, Port Rowan Ont. 2007- 6. Electoral
Boundary Commmission, Manitoba 2010, 7. Juror Artist in Residence Program NRCC /CCA. 8. Member of Premier
Doer's Economic Image Strategy Dev Task Force. See attached for further info.
Briefly describe additional skills or experience relevant to this appointment.
. As a Researcher, Professor, Dean, Vice - President Academic and President and I have had extensive experience in administering small and large university libraries as well as
developing electronic library collections and the use of CANETs in the transmission of information data and images. As an exec member of NRCC I am intimately familiar with the
operation of CISTI . In passing, I led the development of the the first B.A. MULTIMEDIA degree program at UNB in 1995. See attached for further elaboration.
As a consumer I owe my career to the Niagara Falls Public
Library and Librarians who had a strong influence in making me the reader and scholar I became. As a young boy who grew up in "Silvertown" the library on Victoria was the door
to the world and I never forgot that.
I hereby x consent / do not consent,
to the release of my address and telephone number(s). This information will be included in the list of Boards,
Commissions and Committee hich 's used by the Clerk's Division Staff a releas to the public.
Applicant's signature: ` Date: 7 7 1/
Please return this application form to the attention of: Applicants must be residents of the City of
City Clerk - City of Niagara Falls Niagara Falls. Personal information on this
4310 Queen Street, form is collected under the authority of the
Niagara Falls, ON L2E 6X5 Municipal Act, S.O. 2001, c.25 and will be used
Phone: (905) 356 -7521 Fax: (905) 356 -9083 to evaluate the qualifications for citizen
or e-mail: appointees to the City of Niagara Falls Boards,
Commissions & Committees.
(1/24/2012) Dean lorfida - Sample_Mayor_Proclamation A 2012 (2).doc Page 1
r �
[Your area or council name]
[Street]
[City], [Province]
[Postal Code]
[Phone] [Fax]
Guide -Scout Week
February 19 to February 26, 2012
BE IT KNOWN to whom these presents do concern:
WHEREAS the Mission of Girl Guides of Canada - Guides du Canada is to enable girls to be
confident, resourceful and courageous, and to make a difference in the world; and
WHEREAS for 100 years, Girl Guides of Canada - Guides du Canada has been a trailblazing
organization advocating for girls and women, offering them opportunities to learn valuable
leadership skills and meet the challenges that they face in their lives head on;
BE IT RESOLVED THEREFORE that the city /town of [name of city /town] gratefully
recognizes Girl Guides of Canada - Guides du Canada's valuable contribution to the well -being
of our community by proclaiming the week of February 19 to 26, 2012, to be
Guide -Scout Week.
Mayor's name and signature Date signed
CITY OF NIAGARA FALLS
By -law No. 2012 -
A by -law to provide for the adoption of Amendment No. 94 to the City of Niagara Falls Official
Plan.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS, IN
ACCORDANCE WITH THE PLANNING ACT, 1990, AND THE REGIONAL
MUNICIPALITY OF NIAGARA ACT, HEREBY ENACT AS FOLLOWS:
1. The attached text and maps constituting Amendment No. 94 to the City of Niagara Falls
Official Plan is hereby adopted.
Passed this thirty -first day of January, 2012.
DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR
First Reading: January 31, 2012
Second Reading: January 31, 2012
Third Reading: January 31, 2012
S:AOFFICIAL.PLN\AMFND \ #94 - Growth Plan Conformity\2012\Documents for Jan. 31 \BYLAW 94 .wpd
PART 2 - BODY OF THE AMENDMENT
All of this part of the document entitled PART 2 - BODY OF THE AMENDMENT, consisting
of the following text and attached maps, constitute Amendment No. 94 to the Official Plan
of the City of Niagara Falls.
DETAILS OF THE AMENDMENT
The Official Plan of the City of Niagara Falls is hereby amended as follows:
1. MAP CHANGE
i) SCHEDULES "A -2 ", "A- 2(a) ", "A- 2(b) ", "A -2(c)" and "A -2(d)" are added to
PART 6 - SCHEDULES of the Official Plan.
ii) SCHEDULE "B" - PHASING OF DEVELOPMENT of the Official Plan is
hereby deleted and replaced with SCHEDULE "B" - PHASING OF
DEVELOPMENT attached hereto.
2. TEXT CHANGE
i) PART 1, SECTIONS 1, 2, 3 and 4 are hereby deleted in their entirety and
replaced with the following:
"PART 1 - PLAN OVERVIEW AND STRATEGIC DIRECTION
SECTION 1 - BASIS OF THE PLAN
The Official Plan for the Niagara Falls Planning Area is a document outlining
the long term objectives and policies of the City with respect to the growth
and development of urban lands; the protection of agricultural lands and the
conservation of natural heritage areas; and the provision of the necessary
infrastructure.
The Official Plan is adopted under the provisions of the Planning Act and is
required, through legislation which established the Regional Municipality of
Niagara, to conform with the provisions of the Regional Policy Plan. Based
upon the above, the Official Plan for the City of Niagara Falls is to be brought
into conformity with the policies of the Regional Official Plan and is approved
by the Regional Municipality of Niagara.
Changes to the Planning Act and the introduction of the Growth Plan for the
Greater Golden Horseshoe Area (Growth Plan) as well as other Provincial
Plans enables Council to effectively use all available planning tools when
considering development and the protection of heritage within the City of
Niagara Falls. This Plan reflects the changes in legislation and respects the
growth targets of the Growth Plan and the Regional Policy Plan.
A series of public meetings of Council have been held to fulfill the public
participation requirements of the Planning Act. Comments and input
received have been carefully considered in the formulation of policies for this
Plan.
-2-
The Official Plan will be regularly reviewed and a special meeting of Council,
open to the general public, will be held at least once every five years from
the date of Regional approval. Such a special meeting is required under the
Planning Act, and will determine the need for any revisions to the Official
Plan based upon changing conditions such as growth patterns, economic
trends and Provincial Planning Policies.
INTERPRETATION
Locations, boundaries or limits described in the text or indicated on
Schedules "A ", "B ", "C ", "D" or "E" are intended to be approximate only,
except where they are bounded by roads, railway lines, or other clearly
defined physical features. Where the general intent of the Plan is
maintained, minor boundary adjustments will not require an amendment to
this Plan. Nonetheless, urban area boundaries are considered to be precise.
In any case, where the location of the Urban Area Boundary is in question,
the precise boundary may be defined with the Region's concurrence.
Where any Act or portion of an Act is referred to in this Plan, such references
shall be interpreted to refer to any subsequent renumbering of sections in the
Act and /or changes in the date of the Act.
Where any of the policies of this Plan refer to an Ontario Ministry, the
reference to such Ministry shall continue to apply regardless of any change
in title to the Ministry and /or any successor Ministry that may become
responsible for the subject policies.
FORMAT OF THE PLAN
The Official Plan is organized as follows:
Part 1 entitled PLAN OVERVIEW AND STRATEGIC DIRECTION describes
the purpose, legislative basis, format, and interpretation of boundaries of the
Official Plan as well as the period during which the Plan is to apply. This part
also outlines the Strategic Policy Direction of the Plan to accommodate
future growth through land use and intensification.
Part 2 entitled LAND USE POLICIES establishes twelve (12) land use
designations with preambles which highlight the intention of the land use
designations and policies which describe permitted uses and various
physical development guidelines. The land use designation for Section 10
prescribes that the policies of the Niagara Escarpment Plan, as amended
from time to time, shall be applied to the Niagara Escarpment Plan Area.
Unless otherwise specified, the policies of Parts 3, 4 and 5 of this Official
Plan will not be applied to the lands within the Niagara Escarpment Plan
Area. In addition there are certain special policy areas which because of
unique character and /or circumstances will be subject to special policies.
-3-
Part 3 entitled ENVIRONMENTAL MANAGEMENT contains strategic type
policies that are to be utilized in conjunction with the land use designation
policies.
Part 4 entitled ADMINISTRATION AND IMPLEMENTATION highlights the
various planning tools available to implement the Official Plan.
Part 5 entitled SECONDARY PLANS contains the policies and plans for
specific areas of the City prepared through the secondary plan process and
adopted as amendments to this Plan.
SCHEDULES to this Plan illustrate the land use designations, height
strategies, roads, districts and special policy areas of this Plan and are to be
read in conjunction with its text. There are additional Schedules "B ", "C ", "D"
and "E" that form part of the Plan.
The APPENDICES contain supplementary and supporting information for the
Policies of this Plan but do not form part of the Plan itself.
SECTION 2 - STRATEGIC POLICY DIRECTION
The Official Plan for the City of Niagara Falls is intended to guide growth and
development to the year 2031. The population during this planning period is
expected to reach 106,800 with employment for 53,640 people. It is the
intent of this Plan to focus new growth to accommodate these people and
jobs in a sustainable fashion that makes for an orderly and effective use of
land and infrastructure, creates compact, livable communities and protects
the City's natural heritage and agricultural lands.
Schedule A -2 to this Plan illustrates the City as being divided into three
areas: the Urban Area, the non -urban area and the Natural Heritage Areas.
It is the intention of this Plan to balance efficient use of urban land with the
protection of Natural Heritage Areas and direct development away from the
non -urban area towards the urban area. To further guide development, the
urban area is divided into two categories: the Built -Up Area, (the area within
the Built Boundary defined by the Province within which growth is to be
accommodated through intensification); and Greenfield Areas (undeveloped
lands within the Urban Area Boundary) and outside of the Built Boundary
where growth will be guided by proper design.
In order to provide for future employment opportunities within the City, areas
most suited for such uses are to be protected from non - employment uses.
The tourism industry is now the major employer with the decline of heavy
manufacturing. Lands along the Queen Elizabeth Way are ideal for those
employment opportunities dependant on cross - border trade and the
movement of goods. Schedule A -2 identifies the Gateway Economic Zone
which are lands within the Urban Area which, due to their proximity to major
international border crossings, have unique economic importance to the City
and Niagara Region. It is the intent of this Plan to identify these areas and
protect them for future employment.
-4
Growth Objectives:
1. To direct growth to the urban area and away from non -urban areas.
2. To protect Natural Heritage Areas and their functions.
3. To support increased densities, where appropriate, and the efficient
use of infrastructure within the Built -Up section of the urban area.
4. To phase infrastructure and development within Greenfield Areas in
an orderly and efficient manner.
5. To meet the targets as established by the Province through the
Greater Golden Horseshoe Growth Plan and through the Region of
Niagara Comprehensive Review.
6. To accommodate growth in accordance with the household,
population and employment forecasts of the Region's Comprehensive
Review:
Table 1. Forecast of Households, Population and Employment
Forecast Total Total Household Total Employment
Period Households Population Size (ppu)
2011 34070 89100 2.62 45690
2016 36170 94000 2.6 48560
2021 38590 99100 2.57 50820
2026 40870 103100 2.52 52240
2031 42740 106800 2.5 53640
*This table can be amended by Niagara Region without amendment to this Plan.
7. To achieve a minimum of 40% of all residential development
occurring annually within the Built -Up Area shown on Schedule A -2
by the year 2015.
8. To develop the Greenfield Areas shown on Schedule A -2 as compact,
complete communities with a range of housing types, employment
and public transit.
9. To encourage alternative forms of transportation such as walking,
cycling and public transit.
10. To plan for an urban land supply of 20 years and to maintain a
minimum 10 year supply of land for residential growth through
intensification or greenfield development.
11. To provide a supply of serviced land that is capable of providing three
years of residential development through intensification and land in
draft approved and registered plans of subdivision.
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12. To protect prime employment lands for the long term supply of
employment in the Tourist Commercial and Industrial designations
and to identify the Gateway Economic Zone.
13. To develop a transit and pedestrian friendly, sustainable and livable
City through urban design criteria and guidelines.
Policies
2.1 The City shall protect agricultural uses in the non -urban area from
urban pressures through the use of the Good General Agricultural
Land Use designation and its related policies.
2.2 The City shall protect its Natural Heritage Areas, their features, quality
and functions, through the Environmental land use designations and
their related policies.
2.3 The City shall provide sufficient lands within the Urban Area Boundary
to meet the projected housing, population and employment targets of
Table 1.
2.4 The opportunity for increased densities within the Built Area Boundary
shall be provided to make use of existing infrastructure, buildings and
available transit through specific policies for the intensification nodes
and corridors outlined in Part 2, Section 3.
2.5. Phasing policies shall guide growth across the urban area to make the
most efficient use of existing and new infrastructure and to reduce the
costs of providing new infrastructure.
2.6 The City shall utilize Secondary Plans wherever possible for
development within its Greenfield areas to ensure the design of
complete communities providing both employment and residential
opportunities.
2.7 The City shall identify lands along the Queen Elizabeth Way to be
protected for employment uses under the Gateway Economic Zone
directive of the Province.
2.8 The City shall consider residential and employment growth in relation
to Schedule "B" - Phasing of Development and the polices of Part 1,
Section 3 of this Plan.
2.9 The City shall monitor growth within the urban area at 5 year intervals
to measure compliance with targets of the Province's Growth Plan
and the Regional Niagara Policy Plan.
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2.10 Expansions to the urban boundary shall only be considered in
accordance with the Regional Policy Plan. Notwithstanding this and
the policies of PART 4, Section 2.8, the applications to amend this
Plan and the Regional Policy Plan affecting the lands west of the
QEW to Kalar Road and south of Mountain Road to the hydro
transmission corridor, may be considered in accordance with the
transition regulations of the Planning Act and Places to Grow Act for
pre- existing applications.
2.11 No new urban areas shall be created.
SECTION 3 - INTENSIFICATION
The opportunity for increased densities within the Built Area Boundary shall
be provided to make use of existing infrastructure, buildings and available
transit within the Residential land use designation. However, opportunities
for residential intensification on lands not currently designated Residential
may also be considered. The City has identified specific intensification areas
which have the potential to accommodate higher density development over
the long term as nodes and corridors on Schedule A -2. The nodes and
corridors may contain a mix of land use designations and will be subject to
the following policies.
General Policies
3.1 Unless otherwise permitted through the maps and policies of this
Plan, residential intensification shall require an amendment to this
Plan and proceed by way of site specific zoning by -law amendment
whereby individual proposals can be publically assessed. Proposals
of sufficient land area shall be developed through plans of
subdivision.
3.2 The development or redevelopment of lands currently designated
Tourist Commercial in accordance with Part 2, Section 4.2.9 shall
conform with the height and design policies of Part 2, Section 4 and
meet the minimum density requirements for a high density
development as permitted in Part 2, Section 1.15.5(iii).
3.3 The extent of the Intensification Nodes and Corridors as shown on
Schedule A -2 and the limits of the height strategies of Schedules A-
2(a), A -2(b), A -2(c) and A -2(d) are not intended to be scaled but a
guide whereby building heights shall be considered on each individual
basis with regards to the character of surrounding development.
3.4 The intensification through redevelopment of lands designated
Residential in this Plan shall comply with the policies of Section 2,
1.15.5 of this Plan.
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Intensification Corridors
3.5 Intensification Corridors contain lands that front onto arterial roads
and have the attributes conducive to supporting medium or high
density residential redevelopment over the long term. Lands with
frontage directly onto these corridors may be considered for
residential use.
3.6 Proposals for residential development shall comply with the policies
of Part 2, Section 1.15.5 (ii) with respect to building height and density
for the following intensification corridors, as shown on Schedule A -2:
1. Dunn Street
2. Thorold Stone Road
3. Victoria Avenue (notwithstanding the Minor Commercial
designation)
Proposals within these intensification corridors may develop in
accordance with the policies of PART 2, Section 1.15.5 (iii) should the
subject lands have sufficient lot area, street frontage and other site
attributes that allow for the development of increased densities.
3.7 The McLeod Road intensification corridor provides a connection
between the major commercial node at its interchange with the QEW
and the tourist district commencing at Stanley Avenue. The corridor
is characterized by single detached dwellings, mid -rise apartment
buildings, a Minor Commercial node at Drummond Road and vacant
lands in the eastern part of the corridor. Long term development
along this corridor is envisioned as a mix of local serving commercial
uses at the intersection of Drummond Road, and mid -rise residential
buildings. In addition to the built form policies of Part 2, Section
1.15.5 (iii), the following height and density provisions shall apply:
• building heights shall grade from a maximum of 8 storeys at the
east end to a maximum of 4 storeys at the west end;
• development density shall also have a gradation from a
minimum net density of 65 units per hectare at the west end
and not exceeding 150 units per hectare at the east end.
3.8 Lands within the Portage Road Intensification Corridor may develop
to a maximum height of 10 storeys, and a maximum density of 150
units per net hectare, at the south end of the corridor grading to a
maximum height of 4 storeys, and a maximum density of 75 units per
net hectare, at the north end. Densities shall not be Tess than 100
units per net hectare at the south end grading to a minimum of 50
units per net hectare at the north end.
3.9 The portion of Lundy's Lane to the west of Montrose Road is
identified as an intensification corridor on Schedule A -2 to this Plan
as this section is characterized by large Tots capable of supporting
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intensification at varying levels. Intensification may take the form of:
a) tourist commercial redevelopment that capitalizes on, and
expands upon, the existing tourism infrastructure. Uses that
serve as attractors, as well as indoor and outdoor recreational
facilities, are encouraged;
b) local- serving commercial uses which should be clustered in
proximity to the intersections of Montrose Road and Kalar
Road; and
c) residential uses in accordance with the policies of Part 2,
Section 4.2.30.
Intensification Nodes
3.10 Intensification nodes are geographic areas within which this Plan
promotes and encourages residential intensification in order to
regenerate and increase the vitality of existing commercial or
industrial areas. Intensification nodes have been identified as having
significant potential for medium and high residential intensification and
are shown on Appendix A -2. It is not the intention of this Plan to
promote the dislocation and re- designation of non - residential uses in
order to achieve intensification but to provide guidance for long -term
compatible co- existence of residential and non - residential uses within
these nodes.
Where commercially designated lands are in excess of demand,
zoning by -law amendments for medium and high density apartments
as a form of residential intensification may be considered provided the
following general criteria are satisfied together with the policies for
each node.
3.10.1 Intensification is to be consistent with the height
and density parameters for each node.
3.10.2 Development will be arranged in a gradation of
building heights and densities.
3.10.3 The proposed development is designed to be
compatible with commercial development in the
surrounding area.
3.10.4 The development provides adequate
landscaping and separation distances to ensure
privacy and overall pleasant living environment.
3.10.5 The proposal does not hinder commercial traffic
patterns.
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Downtown and Drummondville Nodes
3.11 Downtown and Drummondville have been identified through
Community Improvement Plans as nodes for residential intensification
and are shown on Appendix A -2.
3.12 Within the Downtown Node:
• a 4 storey height shall be permitted within the Zoning By -law as
this respects the existing built form and also allows for a degree
of intensification;
• additional building height may be allocated in accordance with
Schedule A -2(a);
• residential uses may develop as part of a multiple use building or
as stand -alone buildings; and
• intensification and redevelopment in the eastern and western
gateways is encouraged to be designed in an manner that
creates a sense of arrival and also improves connections to the
Downtown.
3.13 Within the Drummondville Node:
• residential uses may develop as part of a multiple use building or
as stand -alone buildings;
• new development and /or redevelopment shall respect the existing
built form of 4 storeys while allowing for intensification.
• additional building height may be allocated in accordance with
Schedule A -2 (b);
• increases in building height may be considered for lands outside
those designated for additional height through an amendment to
the Zoning By -law, subject to the following criteria:
• the subject lands, whether a single lot or a consolidation of
lots, having sufficient lot area and frontage to provide for the
building, parking and landscaped open space;
• setbacks and separation distances are provided that are in
character with adjacent properties so as to avoid or reduce
impacts;
• the scale and massing of the proposed building respects the
surrounding built form; and
• parking areas are adequately screened.
General Policies for the Downtown and Drummondville Nodes
3.14 In order to support the revitalization and redevelopment of Downtown
and Drummondville nodes, Council shall:
(a) facilitate development and improvement so that these nodes
become a focus for retail and commercial re- development and
residential intensification;
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(b) promote development that builds on the unique features and
heritage aspects of the nodes; and
(c) consider the provision of additional public facilities and
infrastructure to serve as both a catalyst for re- development and
to support those living, working and visiting these nodes.
Urban Design
3.14.1 Both nodes have a mainstreet built form characterized by 2 to 3
storey buildings built to the sidewalk with little or no side yard
setbacks. New development shall respect the existing built form.
Urban Design Guidelines will be used as a guide to evaluating
applications with respect to height and massing together with the
following criteria:
a) a built form that provides street frontage buildings with setbacks
that are consistent with adjacent properties and parking located
behind buildings is encouraged;
b) the minimum building height shall be two storeys in order to
promote an intensification of use and to reflect the built heritage;
c) all new buildings and developments located:
• in the Downtown: on Queen Street, Erie Avenue and River
Road, and
• within Drummondville: on Main Street and Ferry Street,
shall provide active pedestrian - related uses at the street
level;
d) all new buildings and developments shall be designed not to
overwhelm:
• buildings listed on the Municipal Register of Heritage
Properties; and
• open space areas;
e) all new buildings and developments shall be designed so as not
to impede the views and vistas of natural or cultural heritage
landscapes;
f) all new buildings and developments shall be oriented to, and
located to frame, the abutting streets and create a continuous
street edge;
g) buildings are not to create significant microclimatic effects on
adjacent properties, open spaces or streets;
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h) the height and massing of mid -rise and high rise buildings must be
carefully controlled to ensure that they complement the heritage
character of these nodes and are sensitive to adjoining properties.
In this regard, such buildings are to:
• be designed to provide a height transition to the street and
adjacent developments by incorporating stepbacks above
15 metres;
• be designed so as to reduce and /or mitigate their mass with
increasing height;
• with respect to Downtown, tier downwards to the east from
Cataract Avenue to provide a pedestrian scale along River
Road and to respect the presence of the Niagara Gorge;
• incorporate a distinctive roof feature as a skyline element;
and
• any vents, mechanical equipment, elevator penthouses and
other similar building components located on the roof should
be integrated with the architectural treatment of the roof
and screened from view;
i) parking is encouraged to be located on -site within parking
structures, which shall be integrated with the principal
development and have pedestrian -scale uses along any street
frontage. Surface parking shall be located in the rear yard and
appropriately buffered from the street; and
j) shared parking arrangements and reductions to parking
requirements may be considered on a site specific basis.
Proposals for either may be required to be supported by a Parking
Demand Analysis to the satisfaction of the Director of
Transportation Services and the Director of Planning, Building and
Development.
Street System
3.14.2 The built form of these nodes supports pedestrian activity and the
use of public transit. This Plan supports the maintenance of an
active and safe pedestrian environment through the following
policies and Urban Design Guidelines:
a) Clearly defined pedestrian routes, including easily
navigable, barrier free sidewalks, open spaces, walkways
and cross walks, will be identified separately from vehicular
traffic areas. All new development should maximize
opportunities to create, define and enhance pedestrian
routes. Alleyways and other mid -block connections should
provide a safe and engaging route for pedestrians; and
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b) Improvements to streets and streetscapes to create
attractive streetscapes through measures such as
consistent street furniture and directional signage, a range
of pavement materials, planting of street trees, and
increased sidewalk widths.
Heritage
3.14.3 These nodes exhibit a rich architectural heritage comprised of
several architectural styles and periods including buildings
designated under the Heritage Act, as well as buildings or
properties listed on the Municipal Register of Heritage Properties.
Development adjacent to and surrounding any significant heritage
properties shall be designed so as not to adversely impact on the
character, quality or amenity associated with the heritage
resource.
New development shall be of original design which reflects the
character of the heritage buildings through consideration of
massing, scale and, to a lesser degree, elements and details.
Particularly in infill situations, new development, should respect
the height, street wall setback and massing of adjacent heritage
buildings and /or reintegrate those aspects of heritage design
which have been lost in a particular street segment.
Property Consolidation
3.14.4 Section 28 of the Planning Act permits municipalities to acquire
land for the purpose of community improvement. The Community
Improvement Plan for each node provides for a general program
for the City's involvement in property acquisition, investment and
public /private partnerships. Council may also consider selling
surplus City -owned land for redevelopment. In such cases, the
City will also undertake a process that requires interested parties
to submit a proposal for the development of the lands. These
proposals shall be assessed on specific criteria established for
the subject lands and the following policies:
• compliance with the policies of this Plan;
• consistency with the goals and objectives of the Community
Improvement Plan;
• sensitivity of the proposal to the surrounding land uses and
heritage character;
• the potential of the proposal to stimulate further
regeneration and intensification; and
• the financial impacts of the proposal on the City.
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STAMFORD NODE
3.15 The boundaries of the Stamford Node are shown on Schedule A -2(c).
The lands between O'Neill Street and Thorold Stone Road and that
have frontage onto Portage Road, are identified as the Portage Road
Intensification Corridor on Schedule A -2.
3.16 Within the Stamford Node:
3.16.1 Residential intensification may develop as either stand
alone buildings or together with commercial uses as mixed
use buildings.
3.16.2 Residential uses within the Stamford Node may develop in
accordance with the height and density strategy shown on
Schedule A -2(c).
3.16.3 Building heights shall respect surrounding building heights.
Taller buildings shall increase separation distances from
buildings of lower height. Building heights shall also
decrease with proximity to the street.
3.16.4 Development shall engage the street through the use of unit
frontages, podiums, porte cocheres or landscaping. Within
multiple use buildings, commercial uses shall fully occupy
the whole of the ground floor, preferably with retail or service
commercial uses located such that they provide a
pedestrian presence along the street.
3.16.5 Parking is encouraged to be provided within parking
structures that are integrated with the development. Parking
structures shall have retail or service commercial uses or
residential units when abutting street frontages.
3.16.6 Where surface parking is provided, the parking area should
be located in the rear or interior side yard. The parking area
shall also have a landscaped perimeter of a depth and
intensity that at maturity effectively buffers the parking area
from adjacent uses and streets.
3.16.7 Reductions in the parking standard, and shared parking
arrangements within multiple use buildings, may be
considered through site specific amendments to the Zoning
By -law when accompanied by a parking demand analysis
that is satisfactory to the Director of Planning and
Development in consultation with Transportation Services.
3.16.8 Developments should provide pedestrian connections to the
surrounding neighbourhood where possible.
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3.16.9 Amenity space is to be provided for residential uses and
may take the form of:
• private on -site green space;
• balconies and roof -top green space; or
• public open space, in proximity to the subject
development, or cash -in -lieu, pursuant to the provisions
of the Planning Act, that will assist in the creation of
public open space in the District.
3.16.10 Developments on lands that do not have direct access to an
arterial road shall be designed such that traffic movement
on local streets is minimized. In such situations, optimum
densities as envisaged by this Plan may not be achievable.
High density developments that are 6 storeys or more in
height or exceed 50 units per hectare shall have direct
access onto an arterial road.
3.16.11 In order to comprehensively plan the re- development of the
Brownfield and Greyfield lands located south of Thorold
Stone Road, east of Carroll Avenue and Portage Road, a
Neighbourhood Plan may be prepared pursuant to the
policies of PART 4, Section 3, Community Secondary Plans
and Neighbourhood Plans. In addition to these policies, the
Neighbourhood Plan will consider appropriate amendments
to the land use designations as shown on Schedule A to this
Plan. Accordingly, notwithstanding PART 4, Section 3, any
Neighbourhood Plan for this area shall be adopted as an
amendment to this Plan.
3.16.12 The lands designated Industrial, which are located on the
north side of Thorold Stone Road, abutting the west side of
the CN Rail line, are of sufficient size and are of a
configuration which could accommodate either a mixed
employment /residential use or a solely residential
redevelopment. Redevelopment shall be planned and
undertaken comprehensively through a Plan of Subdivision
and Amendments to this Plan and the Zoning By -law.
Redevelopment Plans shall have regard to the following:
3.16.12.1 Mixed employment/residential uses may
redevelop in accordance with the provisions of
the zoning by -law and the following policies:
a) Employment uses shall be located within the
southern area of the lands;
b) Employment uses shall be accessed directly
from Thorold Stone Road;
c) Landscaping shall be provided along the
Thorold Stone Road frontage;
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d) Any property line that abuts residential land
uses shall be appropriately screened and
buffered;
e) Outside storage is not permitted;
f) Development of residential uses shall have
regard to the policies of 3.16.12.2, below;
and
g) Acceptable variations of the zoning which
may be deemed compatible with the
surrounding area.
3.16.12.2 Residential uses, either as part of a mixed
Employment/Residential or a sole Residential
development, may redevelop having regard to
the following policies:
a) Development shall proceed by way of a Plan
of Subdivision;
b) A Record of Site Condition shall be required
in accordance with PART 3, Section 6 of this
Plan to verify that the lands have been
appropriately remediated for residential use;
c) A noise and vibration study shall be
provided. Mitigating provisions are to be
included in the design of development;
d) A mix of housing types shall be provided;
e) Lower density housing forms shall be
located internally with access provided
through the extension of local area roads;
f) Lower density housing forms shall have a
building height and massing that is
consistent with the adjacent residential
neighbourhood;
g) Apartment dwellings up to 6 storeys high,
may be developed in the southern area of
the site and shall be accessed directly from
Thorold Stone Road; and
h) The overall minimum net density for
residential development shall be 20 units per
hectare.
MORRISON /DORCHESTER NODE - Deferred
3.17 The Morrison /Dorchester Retail District is surrounded by three large
areas suitable for intensification. Redevelopment for employment at
Sections 3.17 higher densities should generally be located south of Morrison Street
to 3.19 ,
inclusive, are and west of Dorchester Road Long term development within this
deferred node is envisioned as a mix of major commercial /institutional uses
with a range of residential uses and densities.
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3.18 Development proposals for residential intensification shall conform to
the following:
3.18.1 Residential uses may develop as stand alone buildings or as
a plan of subdivision or together with commercial uses as
part of a mixed use development.
3.18.2 Residential uses may develop in accordance with the height
and density strategy shown on Schedule A -2(d).
3.18.3 Development proposals for intensification shall comply with
the following:
3.18.3.1 Building heights shall respect surrounding
building heights. Taller buildings shall increase
separation distances from buildings of lower
height. Building heights shall also decrease with
proximity to the street.
3.18.3.2 Development shall engage the street through the
use of unit frontages, podiums, porte cocheres
or landscaping. Within multiple use buildings,
commercial uses shall fully occupy the whole of
the ground floor, preferably with retail or service
commercial uses located such that they provide
a pedestrian presence along the street.
3.18.3.3 Parking is encouraged to be provided within
parking structures that are integrated with the
development. Parking structures shall have
retail or service commercial uses or residential
units when abutting street frontages.
3.18.3.4 Where surface parking is provided, the parking
area should be located in the rear or interior side
yard. The parking area shall also have a
landscaped perimeter of a depth and intensity
that at maturity effectively buffers the parking
area from adjacent uses and streets.
3.18.3.5 Reductions in the parking standard, and shared
parking arrangements within multiple use
buildings, may be considered through site
specific amendments to the Zoning By -law when
accompanied by a parking demand analysis that
is satisfactory to the Director of Planning,
Building and Development in consultation with
Transportation Services.
3.18.3.6 Developments should provide pedestrian
connections to the surrounding neighbourhood
where possible.
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3.18.3.7 Amenity space is to be provided for residential
uses and may take the form of:
• private on -site green space;
• balconies and roof -top green space; or
• public open space, in proximity to the subject
development, or cash -in -lieu, pursuant to the
provisions of the Planning Act, that will assist in
the creation of public open space in the
District.
3.18.3.8 Developments on lands that do not have direct
access to an arterial road shall be designed such
that traffic movement on local streets is
minimized. In such situations, optimum densities
as envisaged by this Plan may not be
achievable. High density developments that are
6 storeys or more in height or exceed 50 units
per hectare shall have direct access onto an
arterial road.
3.19 Any intensification shall only proceed when servicing and
traffic have been confirmed to be sufficient for both the
existing and proposed land use. "
ii) PART 2, SECTION 1 - RESIDENTIAL is hereby deleted in its entirety and
replaced with the following:
PART 2 - LAND USE POLICIES
SECTION 1 - RESIDENTIAL
Preamble
The policies of this section are intended to guide the provision of housing
which is affordable, accessible, adequate and appropriate to the needs of a
full range of households in the City and to guide the development and
redevelopment of Residential lands shown on Schedule "A" of this Plan.
The City will ensure that a sufficient supply of land is available, on a
continuing basis, to accommodate all forms of housing and that appropriate
opportunities are provided for residential intensification. Lands designated
for residential use shall be sufficient to accommodate anticipated population
growth and the need for various housing types and densities throughout the
period of the Plan. Residential development should occur in a manner which
is compatible with the surrounding neighbourhood. Various amenity features
will be incorporated within developments to ensure pleasant living conditions
and a high quality of life. While housing represents the main component
within this land use designation, other compatible land uses serving area
residents which contribute to and enhance the surrounding residential
environment will be encouraged and permitted in order to achieve a
complete community.
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GENERAL POLICIES
1.1 The predominant use of land in areas designated Residential shall be
for dwelling units of all types catering to a wide range of households.
Predominant uses shall include single detached and semi - detached
dwellings, duplexes, triplexes, quadroplexes, townhouses,
apartments, group homes and other forms of residential
accommodation.
1.2 Opportunities for a choice of housing including type, tenure, cost and
location shall be provided to meet the changing needs of households
throughout the Built -up Area and Greenfield Area. In order to achieve
this goal, the City shall support the following:
1.2.1 Multiple unit developments, smaller lot sizes and innovative
housing forms.
1.2.2 Development of vacant land, and more efficient use of
under - utilized parcels and existing housing stock.
1.2.3 The full utilization and consolidation of properties to achieve
larger scale and more comprehensive residential development.
1.2.4 Development of housing in conjunction with commercial
developments in order to create more walkable communities.
1.3 A variety of ancillary uses may also be permitted where they are
compatible with the residential environment and contribute to a
complete community. Ancillary uses shall include, but are not limited
to schools, churches, nursing homes, open space, parks, recreational
and community facilities, public utilities and neighbourhood
commercial uses. In interpreting compatibility, ancillary uses will be
assessed according to the following principles.
1.3.1 Ancillary uses within the Built -up Area that have the potential
of generating large volumes of traffic are generally encouraged
to locate:
• on an arterial or on a collector in proximity to an arterial
road in order to minimize disturbances to area residents;
• such that area residents can conveniently access the uses
by means of walking, cycling, public transit or motor
vehicle; and
• in proximity to a transit stop.
1.3.2 Ancillary uses within the Greenfield Area shall be provided for
through design within secondary plans taking into
consideration the above criteria.
1.4 Accessory uses to residential such as Bed and Breakfast
accommodations, Cottage Rental Dwellings and Home Industries
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within owner - occupied homes may be permitted by zoning by -law
amendments where they are considered to be compatible with the
residential neighbourhood. The establishment of such facilities will be
carefully regulated as to their location, size and traffic generation in
order to minimize potential disturbances to adjacent properties and to
protect the character and identity of the overall neighbourhood.
1.5 The development and redevelopment of residential lands in the City
shall primarily be by plan of subdivision incorporating a mix and
variety of dwellings and supporting uses to foster the development of
a complete community. Consents to sever individual parcels of land
shall only be permitted when it can be demonstrated that a plan of
subdivision is not necessary to implement the policies of this Plan or
applicable secondary plan.
1.6 Building heights referred to in this Plan through the text and
schedules are intended as a general guide. Consideration may be
given in specific situations to allow suitable, well designed
developments that exceed these height guidelines through an
implementing zoning bylaw amendment.
1.7 Minor increases in height and /or density may be allowed for individual
multiple unit proposals in accordance with the Bonus Zoning
provisions contained in Part 4, Section 4 of this Plan.
1.8 All residential development shall require proper and adequate
municipal services. The municipality shall promote phased
development to maintain logical, outward growth in residential areas
in accordance with the policies of PART 3, Section 1.
1.9 Exposure of new residential development to less compatible land
uses such as arterial roadways, highways or railway lines shall be
minimized. In order to protect residential development from such
uses, studies may be required and appropriate measures such as
landscaping, berming or other buffering techniques may be required
determine impacts and recommend mitigation measures.
1.10 Second units within single detached, semi - detached and townhouse
dwellings may be permitted within residential areas subject to certain
standards outlined in the Zoning By -law and other applicable
regulations such as the Ontario Building Code. Council may consider
the registration of second units through a Registration By -law
pursuant to the Municipal Act.
1.10.1 Zoning regulations related to second units in residential
zones shall be based on the following:
(a) The lot size and configuration are sufficient to
accommodate adequate parking, green space and
amenity areas for both the principal dwelling and the
second unit.
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(b) The property shall meet all zoning requirements with
respect to lot frontage, area, depth, parking,
landscaping and design.
(c) Areas within the City that have sanitary servicing
constraints shall be zoned so as not to permit second
units.
1.10.2 Second units requiring building additions or substantial
alterations to the principal dwelling should be designed to
maintain the overall character of the principal dwelling.
1.10.3 The minimum density requirements of section 1.1.15 (i) shall
not apply to prevent the establishment of second dwelling
units.
1.11 Affordable housing is to be provided within the Built -up Area and
Greenfield Area.
1.11.1 Applications for draft plan approval of subdivisions shall
include, as part of a planning report, an assessment of how
the proposal will contribute to meeting affordability and
demographics through subdivision design and housing mix.
1.11.2 The City, in its review of subdivision /rezoning applications,
will encourage provision of varying lot sizes, housing form
and unit size in order to contribute to affordability.
1.11.3 In disposing of surplus lands that are suitable for residential
use, Council shall consider offering the lands to not - for - profit
organizations for affordable housing. Similarly, various
boards, commissions and agencies shall be encouraged to
dispose of surplus lands suitable for residential use for the
purpose of affordable housing development.
1.11.4 The City will participate with Regional Niagara and other
agencies in the provision of affordable housing and the
development of targets for affordable housing.
1.12 Rooming, boarding and lodging houses may be permitted by the
Zoning By -law subject to the following policies:
1.12.1 The site is suitably located with convenient access to public
transit and commercial districts.
1.12.2 The lot size and configuration are sufficient to accommodate
adequate parking, green space and amenity areas.
1.12.3 The Ontario Building Code, the Maintenance and Occupancy
Standards By -law, as well as health and safety requirements
can be satisfied.
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1.12.4 The structure and use would be compatible with the
surroundings or, satisfactory buffering measures can be
introduced to achieve such compatibility.
1.13 Rental accommodation shall be protected throughout the municipality
by such measures as the Residential Tenancies Act and the City's
Condominium Conversion Policy, which discourages the conversion
of rental accommodation when the vacancy rate is below 3 per cent.
1.14 The housing market within Niagara Falls shall be monitored on a
Community Planning District basis, as well as Built -up Area and
Greenfield Area, and the City shall initiate, when required, changes to
municipal policy to satisfy local housing requirements. This annual
monitoring program will include various housing - related information
with particular emphasis on the following items.
1.14.1 Residential land supply.
1.14.2 The range of housing forms produced in new residential
development.
1.14.3 New housing prices relative to household income distribution.
1.14.4 Intensification performance analysis.
BUILT -UP AREA
1.15 It is recognized that opportunities exist throughout the Built -Up Area
as shown on Schedule A -2 to create new housing units.
Intensification, while maximizing the density of a given land area, shall
be designed to integrate into the surrounding neighbourhood. The
following policies are to be considered in the design of residential
development, intensification and infilling and read in conjunction with
the policies of PART 1, Sections 2 and 3:
1.15.1 The character of the existing neighbourhoods within the Built -
up Area shall be retained. Accordingly, residential
development, intensification and infilling shall blend into the
lot fabric, streetscape and built form of a neighbourhood.
1.15.2 A gradation of building heights and densities will be
encouraged together with sufficient horizontal separation
distances between taller buildings and low rise dwellings in
order to ensure a complementary arrangement of residential
uses.
1.15.3 Generally, development within the Built -up Area should be at
a higher density that what currently exists in the
neighbourhood. A harmonious mix of single and multiple
accommodation will be encouraged throughout the Built -up
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Area so that at any one time a variety of housing types will be
available suitable for different age groups, household sizes
and incomes.
1.15.4 The conservation and renewal of the existing housing stock
shall be encouraged as an important element in meeting
future housing needs. In addition, the maintenance and
rehabilitation of existing housing will be promoted by
discouraging unnecessary demolition or conversion to
non - residential uses through such mechanisms as demolition
control and application of the Maintenance and Occupancy
Standards By -law.
1.15.5 Single detached housing is the dominant housing form in
existing residential neighbourhoods. Increasing the amount
of various types of multiple residential accommodation is
encouraged in order to provide for an overall mix of housing
within the all communities. The inclusion of various housing
forms through subdivisions, intensification and infilling shall
not be mixed indiscriminately, but will be arranged in a
gradation of building heights and densities according to the
following policies:
(i) Single detached, semi - detached, street townhouses,
block townhouses and other compatible housing forms
are to be developed to a maximum net density of 40 units
per hectare with a minimum net density of 20 units per
hectare and should generally be located on local or
collector streets. Such housing forms are to be of a
height, massing and provide setbacks that are in
character with the surrounding neighbourhood.
(ii) Stacked townhouses, apartments and other similar
multiple unit structures with building heights of not more
than 4 storeys can be developed to a maximum net
density of 75 units per hectare with a minimum net
density of 50 units per hectare. Such development should
be located on collector roadways and designed with a
street presence that is in character with the surrounding
neighbourhood. In addition, setbacks should be
appropriate for the building height proposed and greater
where abutting lands are zoned for single or semi-
detached dwellings.
(iii) Apartments with building heights of not more than 6
storeys can be developed up to a maximum net density
of 100 units per hectare with a minimum net density of 75
units per hectare. Such development shall be located on
lands that front onto arterial roads. Moreover,
development should be on current or planned public
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transit routes and in proximity to commercial areas. In
addition, development shall comply with the following:
• architectural treatments such as stepped or
articulated built form, changes in exterior cladding and
roof features should be employed to lessen impacts of
taller buildings;
• rear yard setbacks should be equal to building height
and interior side yards shall be appropriate for the
building height proposed in relation to abutting land
uses;
• street frontages shall be engaged through the use of
porte cocheres, podiums or landscaping;
• parking is encouraged to be located within parking
structures that are integrated with the development;
and
• where surface parking is provided, the parking area
should be located in the rear or interior side yard. The
parking area shall also have a landscaped perimeter
of a depth and intensity that at maturity effectively
buffers it from adjacent uses and streets.
GREENFIELD AREA
1.16 The Greenfield Area as shown on Schedule A -2 is to develop as
complete communities at a small scale. Not more than 60% of new
housing units are to be built in the Greenfield Area on an annual basis
by the year 2015. Secondary planning shall be the primary
implementation tool for the development of the Greenfield Area. The
following policies shall apply to the preparation of secondary plans
and to subdivision proposals where secondary plans do not currently
exist.
1.16.1 The density of development shall be no Tess than 53 people
and jobs per hectare. The calculation shall be made over the
gross developable land area at a secondary plan scale,
which is defined as total land area net of natural heritage
areas identified for protection under this Plan, the Regional
Policy Plan, any provincial plan or Niagara Peninsula
Conservation Authority regulation.
1.16.1.1 Greenfield densities and housing mix will be
monitored by the City annually and reviewed
every five years.
1.16.2 A diverse range of uses is to be provided including
neighbourhood commercial facilities and community services
and employment. These uses shall be located and designed
such that they compatibly integrate with the built and natural
environments.
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1.16.3 It is the intent of this Plan that the Greenfield Area develop
with a mix of housing types and at transit - supportive
densities in order to utilize urban land efficiently and support
public transit. To accomplish this, a range of housing types
is to be provided in terms of both form and affordability.
Multiple unit housing developments are to be integrated into
the form of the neighbourhood in accordance with the
following:
(i) Steep gradients of building heights are to be avoided.
(ii) High density housing should be located within 250
metres of an arterial road.
(iii) High density housing should be designed to avoid
undue microclimatic impacts on abutting lands.
(iv) Structured parking is encouraged to be utilized in the
development of high density housing.
(v) Increases in height may be permitted, through site
specific amendments to the Zoning By -law, pursuant
to s.37 of the Planning Act in exchange for the
provision of housing units that meet the criteria
established for affordability within the Provincial Policy
Statement.
(vi) Appropriate separation distances shall be provided
between residential and other sensitive land uses and
industrial uses and, more specifically, shall not be
located in close proximity to heavy industrial uses.
1.16.4 Within the Garner South Secondary Plan Area, as shown on
Schedule A -2, the policies of PART 2, Section 13.56 of this
Plan shall prevail. In addition, the Secondary Plan shall
provide for a distribution and gradation of densities, heights
and housing types where lower densities and heights are
proximal to the 2km Cytec arc and higher densities are
directed to the north and east quadrant of the Secondary
Plan Area to assist in the strengthening of the Niagara
Square Retail District.
1.16.5 Street configurations and urban design are to support
walking, cycling and the early integration and sustained
viability of public transit. Although detailed urban design
guidelines may be developed through the secondary
planning process, the following policies shall apply as a
minimum:
(i) All collector roads are to be designed to
accommodate public transit.
(ii) Transit routes should be designed such that potential
users have no more than 300 metres to walk to a
transit stop.
(iii) Neighbourhoods should be designed on a modified or
fused grid pattern with interconnected streets. Block
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lengths should not exceed 250 metres. Along Natural
Heritage Features which will be accommodating
public trails local roads shall dead end at the feature
thus providing a viewshed of the natural area s well as
providing direct public access to the trail.
(iv) Sidewalks are to be provided on at least one side of
a local road and on both sides of a collector or arterial
road.
(v) Culs -de -sac are discouraged. Abutting culs -de -sac
should be connected by parkland or open space.
Pedestrian connections are to be provided out of culs-
de -sac.
(vi) Off -road trails should connect to the road network
seamlessly in order to provide cyclists with on -road or
off -road options.
(vii) Commercial and employment uses are encouraged to
provide facilities for bicycle storage and cyclists.
(viii) Speed control programs should be utilized to reduce
traffic impacts within residential neighbourhoods.
(ix) Pedestrian connectivity, in addition to a formal trail
system, is encouraged to lessen walking distances to
public facilities, such as schools, parks and
neighbourhood commercial uses.
iii) PART 2, SECTION 2 - PARKWAY RESIDENTIAL, POLICY 2.8 is hereby
amended by adding the following phrase at the end of the sentence:
"in compliance with the environmental policies of Part 2, Section 11 of this
Plan."
iv) PART 2, SECTION 3 - COMMERCIAL is amended as follows:
a) The following is added as the third paragraph to the PREAMBLE:
"Commercial areas can also be strengthened through the introduction or
expansion of residential uses to create mixed use areas. This Plan
promotes and encourages residential intensification in order to
regenerate and increase the vitality of existing commercial areas. It is
not, however, the intention of this Plan to promote the dislocation and
re- designation of non - residential uses in order to achieve intensification.
Rather, this Plan provides guidance for long -term compatible
co- existence of residential and non - residential uses within these nodes."
b) The following is added as a new Policy 3.1.2:
"3.1.2 Several commercial areas have been identified on Schedule A -2
as having significant potential for medium and high residential
intensification so as to create mixed use areas. New development
or redevelopment within these nodes shall be subject to the
policies of Part 1, Section 3."
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c) Policy 3.2.2 is deleted in its entirety and replaced with the following:
"DOWNTOWN
3.2.2 The Downtown was, historically, the centre of commerce in the
City. While this function has subsided recently, this area has the
potential for the re- development of substantial retail and
commercial floor space. In addition, the Downtown CIP area is
identified as a node for residential intensification on Schedule
A -2. This Plan envisages the area as a mixed use commercial
node.
3.2.2.1 A potential retail gross floor area of 40,000 square
metres is envisaged. Uses that serve the Downtown,
as well as City residents as a whole, such as a
supermarket and a farmer's market, are encouraged.
3.2.2.2 The development of 1,000 dwelling units is
anticipated. Residential uses may develop as part of
a multiple use building or as stand -alone buildings.
Proposals for residential development shall comply
with the policies of Part 1, Section 3.
3.2.2.3 Arts, entertainment and cultural facilities are
encouraged to locate in the Downtown to provide day
and evening activity year round and foster a lively and
vibrant people place for residents and visitors.
3.2.2.4 Public transit will play a fundamental role in the
development of Downtown. The VIA Rail Station, GO
Transit and inter -City bus terminus, and Niagara
Transit transfer area create a major public transit
node. The area within a 500 metre radius is
considered by the Growth Plan for the Greater Golden
Horseshoe as a Major Transit Station Area and will be
a focus of intensification with increased residential
and employment densities that support and ensure
the viability of existing and planned transit service
levels.
d) The phrases "Niagara Square Retail District ", "Northwest Retail District"
and "Stamford Retail District" are inserted before Policies 3.2.3, 3.2.4 and
3.2.5 (respectively).
e) Policy 3.2.3 is amended by deleting the phrase "anchored by the Niagara
Square shopping centre including major and /or junior department stores"
in the first sentence and replacing it with "comprising of three major
commercial developments ".
f) Policy 3.2.3.3ii) is amended by deleting the phrase "after January 1, 2011
if supported by a Market Impact Study" in the first sentence.
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g) Policy 3.2.4.1 is deleted in its entirety and replaced with the following:
"3.2.4.1 A shopping centre on the east side of Montrose Road shall not
exceed 24,154 square metres of gross leasable floor area."
h) Policy 3.2.5 is deleted in its entirety and replaced with the following:
"3.2.5 The Stamford Retail District functions as a principal shopping
district providing a full range of retail uses to meet the weekly
shopping requirements of residents. The district contains a wide
range of uses from local commercial, high density residential,
and major commercial plazas, north of the intersection with
Thorold Stone Road, all fronting onto Portage Road. Local
serving commercial uses are located at the intersection and
extend sporadically, intermixed with single detached dwellings,
southward along both Portage and Drummond Road toward
Gallinger St. Brownfield and greyfield sites are located east of
Portage Road.
3.2.5.1 Council may consider zoning by -law amendments for
residential projects subject to Part 1, Sections 3.1 to 3.4
inclusive, 3.15 and 3.16."
i) The phrase "Morrison /Dorchester Retail District" is inserted before
Policies 3.2.6.
j) Policy 3.2.6 is amended by:
i) deleting the last sentence in the first paragraph and replacing it with
the following: "Notwithstanding any other policies of Section 3.2,
commercial development within this district shall be permitted as set
out below. "'
ii) adding the following as paragraph 2:
"In addition, the Morrison /Dorchester Retail District, together with
abutting lands, has been designated on Schedule A -2 as a node for
intensification. Significant intensification can be achieved through the
redevelopment of lands. Long term development along this corridor
is envisioned as a mix of major commercial /institutional uses with a
range of residential uses and densities. Development proposal for
intensification shall conform to policies 3.2.6.4 to 3.2.6.6. "
iii) deleting the second sentence of Policy 3.2.6.2 in its entirety and
adding the phrase "and service commercial uses" to the end of the
first sentence.
iv) deleting the last sentence of Policy 3.2.6.3 in its entirety and replacing
it with the following: "The development of these lands shall not exceed
a maximum gross leasable floor area of 18,786 square metres."
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v) Policies 3.2.6.3 i) and 3.2.6.3 ii) are both deleted in their entirety and
Policy 3.2.6.3 iii) is renumbered to 3.2.6.3 ii). The following policy is
added:
3.2.6.3 i) The supermarket shall not exceed 16,460 square metres of
gross leasable floor area. In addition the supermarket shall
not exceed 7,432 square metres of FCTM floor space,
6,503 square metres of DSTM floor space and 2,525
square metres of non -DSTM services. A maximum of
2,326 square metres of gross leasable floor space may be
provided in separate buildings, of which a maximum of 930
square metres may be DSTM floor space, with the balance
as non -DSTM floor space.
k) Policy 3.3.1.4 is deleted in its entirety and replaced with the following:
"3.3.1.4 The exceptions shall be the Drummondville Area, which is
subject to the policies of Part 1, Section 3, and the lands
fronting on Cummington Square where a compact building
form, close to the sidewalk, shall be encouraged in order to
maintain the existing pedestrian oriented environment."
I) A new Policy 3.3.1.5 is added as follows:
"3.3.1.5 DRUMMONDVILLE
Drummondville, like the Downtown was historically the centre
of commerce in the City. While this function has subsided
recently, this area has the potential for the re- development of
substantial retail and commercial floor space. In addition, the
Drummondville CIP area is identified as a node for residential
intensification on Schedule A -2. This Plan envisages the area
as a mixed use commercial node.
i) Commercial re- development is encouraged that serves
local residents and, notwithstanding policy 3.3.1, also
attracts a broader population and tourists. In recognition of
this, a section of the Lundy's Lane and Main Street have
been identified as Retail Street on Figure 2 of Part 2,
Section 4 of this Plan and shall be subject to Policy 4.3.8 of
Part 2.
ii) Commercial redevelopment of Drummondville should
capitalize on the heritage attributes of the area, specifically
the Lundy's Lane battlefield, the Niagara Falls Historical
Museum, and an expanded and revitalized Sylvia Place
Market. The Market and Museum should serve as a focal
point for the area, attracting both residents and tourists.
The Market is envisioned to have a presence and visibility
on both Main Street and Ferry Street.
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iii) The development of 1,000 dwelling units is anticipated.
Residential uses may develop as part of a multiple use
building or as stand -alone buildings. Proposals for
residential development shall comply with the policies of
Part 1, Section 3."
m) Policy 3.4 is amended as follows:
i) The last sentence of Policy 3.4.1 is hereby deleted in its entirety.
ii) The phrase "3.4.2 Built Up Area" is inserted after Policy 3.4.1.
iii) Policy 3.4.1.1 is hereby renumbered 3.4.2.1.
iv) Policy 3.4.1.2 is hereby deleted in its entirety and replaced with the
following:
"3.4.2.2 Neighbourhood commercial facilities shall be integrated
into the neighbourhood into which they are to be located in
terms of built form; the location of on -site parking and
on -site delivery areas; and landscaping."
v) A new policy is added:
"3.4.2.3 Neighbourhood commercial facilities may locate not less
than 500 metres from any other commercial development."
vi) Policy 3.4.1.3 is renumbered to 3.4.2.4.
n) The following new policies are added:
"3.4.3 GREENFIELD AREA
3.4.3.1 Neighbourhood commercial facilities within the
Greenfield Area are to be limited to not more than 930
square metres of total floor area across an individual
secondary plan area unless substantiated by
appropriate studies in the preparation of the secondary
plan.
3.4.3.2 Retail stores should be limited to a size that does not
compete with community serving facilities.
3.4.3.3 Parking areas should be located in the interior side or
rear yards and screened from adjacent uses by
decorative fencing and landscaping.
3.4.3.4 Residential uses may be permitted in the Zoning By law
in order to create mixed use buildings.
(i) Residential units are encouraged to be provided
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where total gross Ieaseable floor area exceeds
370 square metres;
(ii) Residential units should be located above the
ground floor.
(iii) Private amenity space should be created by the
incorporation into the building of balconies and
roof top patios.
3.4.3.5 Shared parking facilities may be permitted through an
amendment to the Zoning By law, conditional upon the
submission by the applicant of a parking demand
analysis to the satisfaction of the Planning, Building and
Development Division in consultation with
Transportation Services.
o) Policy 3.5 GENERAL POLICIES is amended as follows:
i) Policy 3.5.1 is deleted in its entirety.
ii) Policies 3.5.2 to 3.5.4 (inclusive) shall be renumbered to 3.5.1 to
3.5.3 (inclusive).
iii) Policy 3.5.5 is renumbered to 3.5.4 and modified to read as
follows:
"3.5.4 Where commercially designated lands are in excess of
demand, zoning by -law amendments for medium and high
density apartments as a form of residential intensification
may be considered provided the following general criteria
are satisfied.
3.5.4.1 The policies of PART 1, Section 3.10 to 3.19 shall
apply lands that are designated a Node on
Schedule A -2 to this Plan.
3.5.4.2 Intensification is to be consistent with the height
and density parameters for each node, should the
lands be so designated. For lands not designated
a node, height and density should be consistent
with the policies of PART 2, Section 1.15.5.
3.5.4.3 Development will be arranged in a gradation of
building heights and densities.
3.5.4.4 The proposed development is designed to be
compatible with commercial development in the
surrounding area.
3.5.4.5 The development provides adequate landscaping
and separation distances to ensure privacy and
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overall pleasant living environment.
3.5.4.6 The proposal does not hinder commercial traffic
patterns."
iv) New Policy 3.5.5 is added:
"3.5.5 While this Plan promotes and encourages residential
intensification of lands designated major and Minor
Commercial, it is also recognizes that there is the potential
for land use conflicts with intensification. Accordingly, an
applicant may be required to undertake studies to
determine impacts and provide mitigation measures."
v) PART 2, SECTION 4 - TOURIST COMMERCIAL is amended as follows:
a) Policy 4.1.4 is deleted in its entirety and replaced with:
"4.1.4 "This Plan also recognizes that the tourism and
accommodation sector is a major source of employment for
residents of the City and the Region. As such, lands
designated Tourist Commercial are considered to be
employment lands and the policies regarding conversion of
employment lands to non - employment uses contained in
PART 4, SECTIONS 2.9 and 2.10 apply except as provided for
in this Plan."
b) Policy 4.2.9 is deleted in its entirety and replaced with the following:
"4.2.9 Residential uses may be permitted throughout lands
designated Tourist Commercial either as stand alone or mixed
use buildings in order to assist in creating a complete
community in accordance with the policies of this section and
PART 1, Section 3.
c) Policy 4.2.26 is deleted in its entirety and replaced with:
"4.2.26 The Lundy's Lane District is envisioned over the long term
as a primarily tourist commercial corridor existing
compatibly with local- serving commercial facilities and
residential uses."
d) Policy 4.2.27 is deleted in its entirety and replaced with the following:
"4.2.26 The portion of Lundy's Lane to the east of Montrose Road
is intended to function primarily as a community serving
and tourist commercial corridor. Residential intensification
within this corridor shall be in accordance with Part 1,
Section 3.9."
e) Policies 4.2.30 and 4.2.31 are renumbered to 4.2.32 and 4.2.33,
respectively.
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f) The following Policies are added:
"4.2.30 The Lundy's Lane Satellite District interfaces primarily with
residential lands north and south. To lessen potential land
use conflicts with the residential lands, commercial
development shall be designed in accordance with the
following:
a) screening and buffering is to be provided adjacent to
residential lands through a combination of fencing and
landscaping;
b) loading areas should be located within interior side yards;
c) garbage and recycling materials should be stored within
fully enclosed structures;
d) access ramps onto intersecting roads should be located
as far from the residential interface as possible; and
e) any signage should not be illuminated when facing
residential lands.
4.2.31 The following policies shall apply to development proposals
for residential intensification within the intensification
corridor:
a) Residential uses may be in the form of stand alone
buildings, located and designed such that they do not
interrupt the continuity of the existing tourist commercial
development, or as part of multiple use buildings.
Within multiple use buildings, commercial uses shall be
designed to avoid conflict with residential uses in the
building and oriented such that they provide a
pedestrian presence along the street.
b) Developments shall engage the street through the
use of unit frontages, podiums, porte cocheres,
landscaping or by locating amenity space within the
building close to the street.
c) Residential uses may develop to a maximum
building height of 6 storeys, with a maximum net
density of 100 units per hectare and a minimum net
density target of 50 units per hectare.
d) Building heights shall respect surrounding building
heights site specifically by increasing separation
distances from buildings of lower height and from
public open spaces.
e) Buildings should be sited such that rear yard
setbacks are equal to building height and interior
side yards are appropriate for the building height
proposed in relation to abutting land uses;
f) Parking is encouraged to be provided within parking
structures that are integrated with the development.
Parking structures shall have active pedestrian uses
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or residential units when abutting street frontages.
g) Where surface parking is provided, the parking area
should be located in the rear or interior side yard.
The parking area shall also have a landscaped
perimeter of a depth and intensity that at maturity
effectively buffers it from adjacent uses and streets.
h) Reductions in the parking standard, and shared
parking arrangements within multiple use buildings,
may be considered through site specific
amendments to the Zoning By -law when
accompanied by a parking demand analysis that is
satisfactory to the Director of Planning, Building and
Development in consultation with Transportation
Services.
i) Developments shall provide pedestrian connections
to the surrounding neighbourhood where possible.
j) Amenity space is to be provided for residential uses
and may take the form of:
• private on -site green space;
• balconies and roof -top green space; or
• public open space, in proximity to the subject
development, or cash -in -lieu, pursuant to the
provisions of the Planning Act, that will assist in
the creation of public open space in the District."
vi) PART 2, SECTION 9 - INDUSTRIAL is renumbered to PART 2, SECTION
8 - INDUSTRIAL and is amended as follows:
a) The PREAMBLE is amended by:
i) deleting the second sentence of the first paragraph and replacing
it with the following:
"To this end, the Plan promotes infilling and redevelopment within
established industrial districts in the Built -up Area, as well as the
progressive development of lands within the Greenfield Area for
new industry and employment uses."
ii) adding the sentence "The proximity of employment uses to
residential and other uses is, however, critical in the future growth
of the City as a complete community. " to the end of the second
paragraph.
iii) adding the words "and diversity' after the words 'economic growth'
in the first sentence of the third paragraph.
b) Policies 9.1 is renumbered to 8.2 and reference to `Subsection 9.4' in
the fifth sentence is replaced with 'Subsection 8.8' .
c) A new Policy 8.1 is added:
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"BUILT-UP AREA
8.1 The City has a substantial supply of land available for industrial
development within the Built -up Area. The redevelopment and
intensification of this land supply for industrial and employment
uses that are compatible with surrounding land uses is
encouraged.
8.1.1 Conversion of brownfield sites to non - employment
uses, where the removal of the industrial land is
consistent with a Municipal Comprehensive Review,
may be considered through an amendment to this Plan
where at least one of the following criteria are met:
• the reduction or elimination of any long- standing
land use compatibility issues with surrounding
conforming uses;
• provision of affordable housing;
• contributing to a mix of housing types and densities
in the planning area; or
• the provision of facilities that assist in the
development of a complete community."
d) Policy 9.2 is renumbered to Policy 8.3 and is amended by:
i) adding the following in between the first and second sentence:
"Moreover, industrial zones will be arranged in a gradation with the
lighter, more prestige type industries located near residential areas
and other sensitive land uses."
ii) adding the following:
"8.3.5 General Industrial or Heavy Industrial zones will be
separated from residential areas, wherever possible, in
order to protect such areas from the effects of noise,
heavy traffic and other offensive characteristics."
e) Policies 9.3 and 9.5 are deleted in their entirety.
f) Policy 9.4 is renumbered to Policy 8.4.
g) Policies 9.6 and 9.7 are renumbered to 8.9 and 8.10 and the title
"GENERAL POLICIES" is inserted before Policy 8.9.
h) New Policies 8.5 to 8.8 (inclusive) are added as follows:
"GREENFIELD AREA
8.5 Secondary planning within the Greenfield Area shall provide for
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employment and industrial uses within the individual plan areas
so as to assist in the creation of a complete community at the
secondary plan scale and ensure an adequate separation
distance is provided between residential and other sensitive
land uses and heavy industrial uses.
8.6 Employment uses are to be integrated with the overall
neighbourhood design and shall be located consistent with the
Ministry of Environment D6 Guidelines. The following uses are
permitted within secondary plan areas that contain residential
and other sensitive land uses:
8.6.1 offices;
8.6.2 government services, research and, training facilities;
8.6.3 facilities for the production of alternate energy sources;
8.6.4 prestige industrial uses, including research and
development facilities, communications facilities, and
manufacturing and processing of fully processed
materials deemed not to be obnoxious by reason of
dust, odour, fumes, particulate matter, noise and /or
excessive vibrations;
8.6.5 commercial facilities such as, but not limited to,
restaurants, material suppliers, which are incidental to
the employment designation industries and their
personnel; and
8.6.6 ancillary retail and service uses which shall not exceed
450 square metres in gross floor area and only where
internally integrated as a component of an employment
use.
8.7 While urban design guidelines and architectural guidelines
may be developed for individual secondary plan areas, the
following general design principles should applyto employment
lands:
8.7.1 Building facades that face the street should utilize
architectural treatments. Blank walls are to be avoided
in favour of windows, articulations and changes in
building materials.
8.7.2 Buildings should have a consistent setback from the
street.
8.7.3 Outside storage, where permitted by the secondary
plan, should be located in rear or interior side yards
only. Storage areas are to be screened from views
from the street.
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8.7.4 Parking areas will be limited in size and proportion.
Parking areas shall be generously landscaped along
any street.
8.7.5 Loading and service areas are to be located in the rear
or interior side yards.
8.7.6 Access driveways to the street should be minimized.
Where possible, abutting lots should use combined
driveways.
QEW Employment Corridor
8.8 The QEW is the major highway transportation corridor through
the Niagara Region. It conveys goods and people within, to
and from the Golden Horseshoe area and western New York
State. Development of lands adjacent to the QEW has played
a significant role in the economy of the Niagara Region and
such lands within the City's urban area can be capitalized on
for future employment growth.
The corridor, located along the QEW as shown on Schedule A-
2 extending from south of Lundy's Lane to the interchange at
Lyon's Creek Road, includes a substantial amount of vacant
Greenfield land and under - utilized parcels within the Built -up
Area. This corridor, given its exposure and accessibility to the
QEW, is well suited to the development of employment uses
that require highway frontage. The lands that extend south of
the Welland River have recently been serviced with municipal
water and sanitary facilities, which have opened up these lands
for the development of employment uses.
This corridor also marks the southern gateway into the urban
area of the City. Given its locational advantages, this corridor
can play a major role in implementation of the Gateway
Economic Zone as envisaged by the Growth Plan of the
Greater Golden Horseshoe. The urban areas of Niagara Falls
and Fort Erie are identified as the Gateway Economic Zone
which is to be developed to support economic diversity and the
promotion of cross - border trade, the movement of goods and
tourism. Due to the proximity to the U.S. border, the Gateway
Economic Zone has a unique economic importance to the
region and the province. The intent of the QEW Employment
Corridor policies is to assist in the capitalization of trade and
the movement of goods and to protect these lands from
conversion to non - employment uses. Moreover, the
overarching goal of the policies is the establishment of
employment uses on these lands that add to the overall
diversity of employment in the City.
It is not the intent of these policies to preclude or limit this
designation being applied to other gateway lands that have
proximity and exposure to the QEW. Accordingly, other lands
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may be added to this designation as warranted, from time to
time.
8.8.1 The lands within the QEW Employment Corridor are
intended to provide a long term base for the future
development of uses that require access and exposure
to the QEW.
8.8.2 The QEW Employment Corridor shall be protected from
conversion to, and encroachment from, non -
employment uses.
8.8.3 These lands are to be targeted for manufacturing,
warehousing, wholesaling and logistics uses. In
addition, offices and large scale institutional uses that
require QEW access are also to be permitted.
8.8.4 Retail that is ancillary to the principal use, is permitted
to a maximum of 25% of the gross floor area of the
principal use but shall not exceed 465 square metres.
8.8.5 Automotive uses, service commercial including
restaurants, printing shops, fitness and recreation and
convenience stores and other uses that do not require
QEW exposure and access are not to be permitted.
8.8.6 Development of lands within the QEW Employment
Corridor should be designed in accordance with the
design principles in the PART 2, Section 8.7 of this Plan
and provide an architectural and landscape design that
promotes the gateway character of the Corridor.
8.8.7 The lands on the east side of the QEW, south of the
Welland River, designated Resort Commercial can
provide for the development of employment uses, and
as such, are included within the QEW Employment
Corridor. These lands require further planning
assessment regarding such issues as the appropriate
uses to be permitted including land use designation,
road pattern, impacts on residential uses and natural
heritage preservation. "
i) Policy 9.8 is hereby deleted and replaced with the following:
"8.11 In order to ensure that obsolete industrial buildings and
formerly occupied industrial sites are suitable for
redevelopment, compliance with Provincial guidelines and Part
3, Section 6 will be sought prior to any new development."
j) Policies 9.9 to 9.17 (inclusive) are renumbered as 8.12 to 8.20
(respectively).
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vii) PART 2, SECTION 10 - EXTRACTIVE INDUSTRIAL is renumbered to PART
2, SECTION 9 - EXTRACTIVE INDUSTRIAL and all subsections adjusted
accordingly.
viii) PART 2, SECTION 11 - NIAGARA ESCARPMENT PLAN is renumbered to
PART 2, SECTION 10 - NIAGARA ESCARPMENT PLAN and all
subsections adjusted accordingly.
ix) PART 2, SECTION 12 - ENVIRONMENTAL PROTECTION AREAS is
renumbered to PART 2, SECTION 11 - ENVIRONMENTAL PROTECTION
AREAS and all subsections adjusted accordingly, and is amended by adding
the following policies:
"NATURAL RESOURCES
11.17 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 resources within the municipality in accordance
with environmental and natural resource management legislation.
Natural resources include the categories of Forest Resources,
Fisheries Resources, Wildlife Resources, Water Resources, Mineral
Resources and Areas of Natural and Scientific Interest.
11.18 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 resources in order to determine
the means by which to minimize potential adverse impacts.
11.19 Council will support and encourage the use of conservation
agreements to maintain, enhance or restore land or wildlife; to protect
and manage water quality and quantity, including drinking water
sources; and the protection and management of watersheds.
11.20 Prior to undertaking major public work projects on or adjacent to an
area containing natural resources, the City shall consult the Ministry
of Natural Resources in order to determine what design requirements
or modifications may be necessary to eliminate or minimize any
potential adverse impacts.
11.21 Development within areas containing significant habitat of
endangered or threatened species and significant wetlands shall be
prohibited. Development within areas containing other natural
resources shall generally be prohibited. However, in considering
development applications on or adjacent to such natural resources,
or on lands adjacent to significant habitat of endangered or
threatened species and significant wetlands, the City shall consult
with the Ministry of Natural Resources, the Niagara Peninsula
Conservation Authority and the Region of Niagara. These agencies
shall be consulted in regard to the following matters.
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11.21.1 The potential impact of the development proposal on the
natural resources of the area.
11.21.2 Proposed methods by which to eliminate, minimize and /or
reduce possible adverse impacts.
11.21.3 The feasibility of maximizing the benefits of the natural
resource to the community, such as by providing or
maintaining public access.
11.21.4 Determining alternative locations for the proposal.
11.21.5 The need for additional studies, including environmental
special engineering designs and development controls, to
ensure that the proposed development does not have a
negative impact on the natural resources of the area or
their ecological function. These studies shall be prepared
by a qualified environmental specialist and should identify
and assess all possible environmental impacts, detail
proposed measures to protect the natural resources, and
discuss the advantages and disadvantages of the
development and its need in the natural resource location.
11.21.6 Compliance with all other policies in this Plan.
11.22 The City supports the natural heritage system approach which
recognizes the importance of individual areas and features as well as
the ties between them to the overall health of the natural environment.
Linkages and natural corridors that connect the individual features
can include valleylands, creeks, hedgerows, and service corridors.
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 resource connections.
11.23 The values and benefits of forest resources should be incorporated
positively into the design of any development proposal occurring
within the urban boundary. In such resource areas, development is
to be designed in a sensitive manner and having regard to the
following.
11.23.1 The retention and protection, to the greatest extent
possible, of the existing tree cover, recognizing its
environmental and aesthetic importance. A tree study may
be required as a condition of development approval.
11.23.2 Ensuring efficient harvesting and use of trees that must be
removed to accommodate the placement of buildings,
structures and roads.
11.23.3 The incorporation of land with existing tree cover into the
urban area park system, if appropriate.
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11.23.4 The maintenance and possible enhancement of tree cover
along watercourses and on steep slopes, in order to reduce
soil erosion and improve water quality.
11.23.5 Permitting the continued management and selective
harvesting of forest resources, where appropriate.
11.24 The stewardship of urban woodlots and forested areas shall be
promoted. 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.
11.25 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.
11.26 Land owners in Good General Agricultural areas as well as 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.
11.26.1 Employ properforest management practices in consultation
with the Ministry of Natural Resources and within the
Niagara Escarpment Plan Area in accordance with Ontario
Regulation 685/80 as amended.
11.26.2 Retain existing tree cover wherever possible.
11.26.3 Discourage the grazing of livestock within woodlots.
11.26.4 Provide for the reforestation of non - productive or
abandoned farmland.
11.26.5 Apply for tax reduction programs and other benefits
associated with the protection and management of
wood lots.
11.26.6 Maintain or establish tree and shrub cover on low
agriculture capability soils and in hazardous areas such as
steep slopes and flood prone areas, in order to reduce
water runoff and minimize soil erosion.
11.27 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
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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.
11.28 The management of fisheries and wildlife resources shall be
promoted in a manner that protects habitat and sustains species
populations. In this regard, such resources shall be protected,
maintained and improved by the appropriate agencies, groups and /or
individuals and potential negative impacts from development and
surrounding land uses shall be minimized. Any development affecting
fisheries resources or site alteration affecting fisheries resource will
not be permitted except in accordance with the Federal Fisheries Act
as regulated by the Department of Fisheries and Oceans.
11.29 The City shall work with various provincial agencies and other groups
in the protection of 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.
11.30 The City shall prohibit the removal of topsoil as regulated by the City's
Fill, Topsoil Removal or Site Alteration By -law and consider the
approval of additional regulatory measures, as specified under the
Topsoil Preservation Act.
11.31 The City shall promote the utilization of water conservation measures
in an effort to reduce water consumption. The City will further
investigate the use of water meters as a method of encouraging
reduced water usage.
11.32 Any works adjacent to or within a waterway will require prior written
authorization from the Niagara Peninsula Conservation Authority or
the Ministry of Natural Resources.
11.33 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) .
11.34 The City shall consult with the Ministry of Natural Resources, the
Niagara Peninsula Conservation Authority, the Niagara Region and
the Niagara Parks Commission for any development proposal along
the Niagara River that may have an adverse impact on the
watercourse.
11.35 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 the Niagara Peninsula
Conservation Authority's Regulation of Development, Interference
with Wetlands and Alterations to Shorelines and Watercourses
(Ontario Regulation 155/06).
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11.36 Development along all valleylands and stream corridors, regardless
of their designation in this plan, will be subject to a minimum setback
of 7.5 metres from the top of slope or up to 30 metres for Type 1 fish
habitat, whichever is greater, for all buildings or structures in
accordance with the Niagara Peninsula Conservation Authority's
Regulation of Development, Interference with Wetlands and
Alterations to Shorelines and Watercourses (Ontario Regulation
155/06).
11.37 Where, as a result of a planning application, new floodline, valleyland,
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, the City's Zoning
By -law will be amended accordingly.
11.38 Any development adjacent to natural valleys as identified on the
Niagara Peninsula Conservation Authority's regulation mapping must
obtain approval from the Niagara Peninsula Conservation Authority.
This should occur during the review of planning applications. The
City's Zoning By -law may recognize all valleylands and stream
corridors through an appropriate zoning which incorporates minimum
structural setbacks in accordance with the Niagara Peninsula
Conservation Authority's Regulation of Development, Interference
with Wetlands and Alterations to Shorelines and Watercourses
(Ontario Regulation 155/06)."
x) PART 2, SECTION 13 - OPEN SPACE is renumbered to PART 2, SECTION
12 - OPEN SPACE and all subsections adjusted accordingly.
xi) PART 2, SECTION 14 - SPECIAL POLICY AREAS is renumbered to PART
2, SECTION 13 - SPECIAL POLICY AREAS, all subsections adjusted
accordingly, and amended as follows:
a) Policy 13.48 SPECIAL POLICY AREA "48" is amended by deleting the
fourth and fifth sentences in their entirety.
xii) PART 3, SECTION 1 - MUNICIPAL INFRASTRUCTURE is amended as
follows:
a) the PREAMBLE is amended by deleting the second paragraph in its
entirety and by adding the phrase "(in accordance with the provisions of
the Accessibility for Ontarians with Disabilities Act)" after the phrase
`those with disabilities" in the third sentence of the last paragraph.
b) Policy 1.1 is deleted in its entirety and replaced with the following:
"1.1 PHASING OF GROWTH
1.1.1 Schedule B illustrates the Phasing Plan for the City. Lands
shall be brought into the development stream in accordance
with Schedule B and the policies of this section. Moreover,
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plans for expansion of, or for new services are to serve growth
in a manner that supports the achievement of the greenfield
density target and the intensification target of this Plan.
1.1.2 Greenfield Area
1.1.2.1 The development of lands in the Greenfield Area shall
proceed in an orderly and efficient manner.
1.1.2.2 New development should occur as a logical extension
of preceding development.
1.1.2.3 Land that is considered to be in -phase is that for
which servicing has been included in the Five -Year
Capital Works Program.
1.1.2.4 The determination of which lands may be brought into
the development stream shall be based on land use,
servicing and financial assessments that address the
following criteria:
• the supply of short term lands;
• the extent of land that will benefit from servicing;
• the use and the density at which the lands will be
developed;
• financing for the public works necessary for
development to proceed; and
• an assessment of the potential financial risk to the
City.
1.1.2.5 Secondary plans shall provide details on the staging
of development within the plan areas with respect to
uses, residential densities, the extension of services
and roads.
1.1.2.6 Proposals to bring out -of -phase lands into the
development stream shall be assessed based on the
following criteria:
• compliance with the policies of this Plan;
• the extent of the inventory of in -phase lands and
their availability;
• the benefit to the City such as revenue generation,
employment growth and contributions to the
strategic goals of Council;
• the financial risk to the City's taxpayers;
• the impacts on approved development; and
• whether infrastructure is planned for the lands.
1.1.2.7 An out -of -phase development may be the subject of
a front - ending agreement, pursuant to section 44 of
the Development Charges Act, or similar type of
development agreement which shall be a condition of
any application to amend this Plan and /or the Zoning
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By -law, or any site plan or subdivision or
condominium agreement.
1.1.3 Built -up Area
1.1.3.1 Capital works expenditures shall be directed to the
Intensification Areas shown on Schedule A -2 in order
to resolve any servicing constraints that exist which
may hinder the achievement of intensification.
1.1.3.2 Capital works expenditures within greenfields are not
to jeopardize servicing improvements within the Built -
up Area that will allow for the achievement of
intensification."
c) Policy 1.2 is deleted in its entirety and replaced with the following:
"1.2 WATER AND SANITARY SEWAGE
1.2.1 The City shall implement a strategy for the systematic
reduction or mitigation of combined sewer overflows in
order to improve the effectiveness of the sanitary sewage
system and to eliminate or reduce the negative impacts on
the City's natural heritage system. The City will also
continue its programs of sewer separation, extraneous flow
reduction and waste water reduction with priority being
given to intensification areas, nodes and corridors so as to
allow for the realization of the intensification targets in this
Plan.
1.2.2 Municipal sanitary sewers and /or watermains shall not be
extended beyond the urban area, except where required to
correct a health problem as identified by the Regional
Public Health Department and /or the Ministry of the
Environment.
1.2.3 Council shall every five years, in accordance with the
Development Charges Act, 1997, undertake a background
study, including public consultations, and pass by -laws to
implement Development Charges within the City that will be
imposed to recover the costs of public services related to
growth. The background study will consider the phasing of
Greenfield lands, the realization of intensification targets as
well as future land use in the determination of a
Development Charge that is appropriate.
1.2.4 In general, development within the urban area shall be
accommodated on the basis of full municipal services
including sewers, storm sewers, water services and
improved roadways. Uses within the urban area shall
connect to municipal water and sanitary services, if
available. Outside of the urban area, Council shall
cooperate with the Niagara Region in promoting individual
sewage disposal systems which incorporate proven new
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technology achieving reduced volumes and /or improved
quality of effluents."
d) Policy 1.3 is deleted in its entirety and replaced with the following:
"1.3 STORM DRAINAGE
1.3.1 It is required that all new development or redevelopment
within the City be connected to and serviced by a suitable
storm drainage system. Appropriate systems may include
underground pipes, ditches, culverts, swales, man -made
and natural watercourses, detention storage areas or any
other storm water management system acceptable to
Council, the Niagara Region, the Niagara Peninsula
Conservation Authority, and other agencies.
1.3.2 Council shall not permit any new development or
redevelopment where it would interfere with, or reduce, the
drainage capacity of any natural watercourse or agricultural
field drainage system, result in any erosion, pollution or
drainage problems along watercourses and their tributaries.
1.3.3 Master storm water management plans shall be developed
for watershed areas in advance major development or
redevelopment in conjunction with the Niagara Peninsula
Conservation Authority, Ministry of Natural Resources,
Ministry of the Environment, and other agencies. Council
may adopt such plans as part of a secondary plan or
Environmental Assessment. Where applicable, developers
may be required to undertake storm water management
studies for specific sites.
1.3.4 Storm water management plans shall incorporate the use
and creation of naturalized overland systems. Naturalized
off - stream ponds and wetlands are encouraged to properly
regulate and control water quantity and quality flows going
into natural watercourses. In addition to controlling water
quality and quantity, such systems shall be as natural as
possible to create habitat areas and where applicable, will
be used to provide linkages to other natural features.
1.3.5 In the review of development or redevelopment proposals,
Council shall cooperate, where practicable, with the
Niagara Peninsula Conservation Authority, Ministry of
Natural Resources, Ministry of the Environment, and other
agencies in any flood management study or engineering
work that may be undertaken to improve or maintain the
drainage capacity of natural watercourses. All existing
storm drainage systems shall be maintained and improved
in order to ensure their efficient operation and to minimize
the potential for flooding.
1.3.6 The City will continue to implement sewer rehabilitation
programs, including ongoing storm sewer and sanitary
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sewer separation, detention ponds, in -line storage and
other improvement works.
1.4 WASTE DISPOSAL
1.4.1 It is recognized that the management of solid waste is the
responsibility of the Niagara Region. Proposals for new, or
expansions to existing, waste disposal sites will require
amendments to the Official Plan and Zoning By -law.
1.4.2 In the selection and approval of sites for landfill use, the
City will require that certain items be examined and
reported on such as the social, economic and
environmental effects of the creation of such landfill sites,
assessment of alternatives to landfill uses and views of
affected citizens. These items will be in keeping with the
Environmental Assessment Act and requirements of the
City.
1.5 TRANSPORTATION
The City's transportation system is made up of the following
elements:
• Transportation corridors
• Public transit
• Active transportation facilities
• Collector and local road network
One of the goals of this Plan is to reduce the dependancy passenger
vehicles and increase the modal share of public transit and active
transportation. It is also a goal of this Plan that the transportation
system work seamlessly and efficiently convey people and goods
safely.
This Plan may be amended as the result of recommendations from a
Transportation Master Plan regarding matters such as, but not limited
to, route prioritization for moving goods and people into and out of
employments areas, transportation demand management, modal
share targets, active transportation facilities and multi -modal use.
Transportation Corridors
1.5.1 As shown on Schedule A -2, the City's transportation corridors
consist of rail corridors, provincial highways and the arterial
road system. These corridors are the primary conveyors of
goods and people within, into and out of the City.
1.5.2 The corridors within the City's jurisdiction shall be of the width
provided for in this Plan and should contain sidewalks and
bicycle lanes of sufficient width to safely accommodate users.
1.5.3 The streetscape of corridors within the City's jurisdiction should
be designed to increase the comfort level of pedestrians
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through the use of street trees, benches and bus shelters.
1.5.4 Access ramps from private developments should be minimized
and amalgamated with adjoining properties where possible.
Rail and Public Transit
1.5.5 The City will provide a public transit system to service the
transit needs of residents and tourists. This system
includes inner -City buses, inter -city bus rapid transit and a
tourist peoplemover. This Plan envisages a modal share
of public transit increase to 3.2 %.
1.5.6 Public transit routes shall be designed to service
employment areas, intensification areas, nodes and
intensification corridors. It is desirable for public transit
services to be encouraged in proximity to higher density
residential developments, areas of high employment
concentration, major medical and social service centres,
housing developments for people with special needs and
social amenity areas such as the Niagara Parks and other
attractions. Transit stops should be located within hubs
and major public facilities. The development of inner -City
bus rapid transit lines into high density employment areas
is encouraged.
1.5.7 Transit service planning shall be connected with the City
and Regional Bicycling Network and co- ordinated with the
planning of bicycle routes and pedestrian paths to enhance
the convenience, safety and usability of these modes of
transportation.
1.5.8 Collector roads within Greenfield secondary plan areas
shall be designed to accommodate transit.
1.5.9 This Plan envisages the expansion of commuter GO
Transit rail service to the City in the long term. The City will
participate with Regional and Provincial agencies in the
establishment of this service.
1.5.10 Council recognizes the capability of rail lines to provide an
alternative to road traffic for transporting tourists, residents
and goods in and out of the City. To minimize the
interference of rail service with vehicular and pedestrian
traffic, Council shall seek to eliminate grade crossings on
a priority basis and with the financial assistance of the
appropriate authorities. Where the elimination of such
grade crossings is not feasible, Council shall petition the
appropriate authority to provide and maintain appropriate
level crossing control devices.
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1.5.11 Where residential or institutional development is proposed
in proximity to operational railway lines, Council shall
require the preparation of a noise and vibration impact
assessment. If necessary, the assessment shall include
measures necessary to achieve acceptable attenuation
levels in accordance with Ministry of the Environment, and
Railway criteria. The measures may take the form of
fencing, increased setbacks, earthberms, tree planting,
acoustical insulation, site plans or combinations thereof in
order to minimize potential safety hazards and visual, noise
and vibration impacts to the satisfaction of the City and the
Ministry of the Environment, and in consultation with the
appropriate Railway.
Active Transportation Facilities
1.5.12 In an effort to achieve an increase in the modal share of
bicycle and pedestrian trips, the City will provide public
facilities for active transportation in the form of bicycle or
shared use lanes, paved shoulders of rural roads, off -road
recreational trails, bicycle parking facilities and sidewalks to
the extent that is financially feasible.
1.5.13 The City will endeavour to achieve connectivity of off-road
trails with the goal of creating an inner -City trail system that
links residential, employment and recreational areas.
1.5.14 Sidewalks on certain roadways will be provided where
required for the safety and convenience of pedestrians. In
this regard, Council may undertake and continually update
a detailed sidewalk construction and maintenance
programs.
1.5.15 The City may require the dedication of trails, in accordance
with the provisions of the Planning Act, as a condition of
development approval.
1.5.16 New development will be encouraged to provide bicycle
parking and other facilities to accommodate active
transportation. In this regard, the City will provide bicycle
facilities within its own buildings."
e) Policy 1.4 ROAD NETWORK is relabelled "COLLECTOR AND
LOCAL ROAD NETWORK ".
f) Policy 1.4.1 is deleted and replaced with the following:
"1.5.17 The collector and local road network functions primarily to
convey traffic and pedestrians to transportation corridors. "
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g) Policy 1.4.2 is renumbered 1.5.18 and the first sentence is replaced
with the following:
"1.5.18 A hierarchy of roads is contained within the transportation
system."
h) Policies 1.4.3 to 1.4.6 (inclusive) are renumber 1.5.19 to 1.5.22
(respectively); Policy 1.4.7 is deleted in its entirety; and Policies 1.4.8
to 1.4.20 (inclusive) are renumbered 1.5.23 to 1.5.35 (respectively).
i) Reference to the term "Region's Bikeway Master Plan" in Policy
1.5.21 and Policy 1.5.24 is replaced with "Regional Bicycling
Network."
j) The phrase "Local Roads, All local roads allowances are to be
20metres in width. There may be cases when local roads will be Tess
than 20 metres under special circumstances approved by Council" is
amended by deleting the words "Local Roads" and numbering the
remainder of the phrase 1.5.36 as follows:
"1.5.36 All local road allowances are to be 20 metres in width. There
may be cases when local roads will be Tess that 20 metres
under special circumstances approved by Council."
k) Policies 1.5 to 1.8 (inclusive) are deleted.
I) Policies 1.9.1 to 1.9.6 (inclusive) are renumbered to 1.5.37 to 1.5.42
(respectively) and reference to Policy 1.9 shall be deleted.
xiii) PART 3, SECTION 2 - PARKLAND STRATEGY is amended as follows:
a) The second sentence of the PREAMBLE is deleted and replaced with
the following:
"Parklands, trails and public open space form an critical part of the
urban environment. Such spaces not only serve a recreational
function but serve neighbourhoods and the community as a whole in
terms of social interaction and active transportation. It is the intent of
this Plan to provide public open space within both the Greenfield Area
and Built -up Area to the extent that is appropriate for that
neighbourhood or community."
b) Policies 2.4.1 and 2.4.2 are deleted, Policies 2.4.3 - 2.4.4 are
renumbered 2.4.4 - 2.4.5 (respectively), and the following new policies
are added:
"2.4.1 Open space shall be designed to respect and integrate with
protected natural heritage features. The minimum prescribed
buffers shall be provided and maintained as a naturalized area.
Playgrounds, sports fields and other forms of active
- 50 -
recreational uses shall be setback from buffers and the
intervening area planted with vegetation that hinders human
traffic.
2.4.2 Active parkland should be designed to accommodate various
forms of recreational activities.
2.4.3 Within secondary plan areas, a system of trails and open
space should be provided that is integrated with the built
environment, with connections to schools and other forms of
community infrastructure in order to create a liveable
community."
xiv) PART 3, SECTION 3 - CONSERVATION STRATEGY is renamed PART 3,
SECTION 3 - ENERGY CONSERVATION and is further amended as
follows:
a) Policy 3.1.2 is deleted in its entirety.
b) Policies 3.1.3 to 3.1.6 (inclusive) are renumbered 3.1.2 to 3.1.5
(respectively).
xv) PART 3, SECTION 3.2 - HERITAGE RESOURCES is renumbered and
renamed to PART 3, SECTION 4 - CULTURAL HERITAGE
CONSERVATION and PART 4, SECTION 4 - HOUSING STRATEGY is
deleted in its entirety.
xvi) PART 3, SECTION 3.3 - NATURAL RESOURCES is deleted in its entirety
and moved to PART 2, SECTIONS 11.7- 11.38.
xvii) PART 3, SECTION 5 - AMENITY AND DESIGN STRATEGY is renamed
PART 3, SECTION 5 - URBAN DESIGN STRATEGY and is amended as
follows:
a) The PREAMBLE and Policy 5.1 are deleted and replaced with the
following:
"Urban design is the shaping of the built environment. It plays an
important role in the upgrading and maintenance of the City's civic
image and economic potential and is critical to the quality of life for its
citizens. It is the intent of this Plan to create a compact and inter-
connected, pedestrian- oriented and transit - supportive community.
The built environment consists of the public realm and private
properties, both of which have to be designed to work harmoniously
together. The policies of this section are to provide guidance to both
the public and private sectors.
-51 -
POLICIES
5.1 New development, redevelopment and public works projects
shall utilize building, streetscaping and landscaping designs to
improve the built and social environment of the City and to
enhance quality of life. Development should integrate and be
compatible with the surrounding area including natural and
cultural heritage features.
5.1.1 The design of new development and redevelopment
shall specifically address height, setbacks, massing,
siting and architecture of existing buildings in order to
provide a compatible relationship with development in
an area.
5.1.2 Development shall be designed and oriented to the
pedestrian. As such buildings shall be set as dose to
the street as possible. Moreover, where development
includes multiple buildings, the buildings should be
deployed in such a manner that allows pedestrians to
move between buildings with a minimum of interference
from vehicular traffic. To this end, designated walkways
through parking areas and to other buildings are to be
provided.
5.1.3 Development and redevelopment shall be designed to
minimize microclimatic impacts on adjacent lands.
Mitigation measures may be secured through
provisions of a site specific zoning by -law, conditions
of a minor variance, or within the terms of an agreement
pursuant to sections 37 or 41 of the Planning Act.
5.1.4 In prominent landmark locations such as gateway
entrances to the City or along important roadway
corridors, special attention to high quality design and
landscaping shall be encouraged. Furthermore, new
development and redevelopment should be designed
and sited to minimize the obstruction of scenic views
and vistas.
5.1.5 Parking areas are to be minimized within the front yard
of development sites. Parking shall primarily be located
in the rear or sideyards of development sites with
sufficient landscaping utilized to create an effective
buffer to abutting lands.
5.1.6 Appropriately designed and scaled parking structures
or underground parking shall be encouraged for large
tourist commercial and high density residential
developments.
-52-
5.1.7 The number of access points onto arterial roads shall
be minimized. Linked parking and driveway areas
shall be encouraged. Access points shall be oriented
toward major roadways."
b) Policy 5.2 is amended by:
i) replacing the first and second sentence with "Streets are a
public space that, while conveying motorized traffic, are to be
designed as a safe, comfortable and convenient environment
for the pedestrian and cyclist." and by deleting the phrase "and
soft landscaping features" at the end of sentence three and
replacing it with "tree planting and other landscaping features ".
ii) deleting Policy 5.2.1 and replacing it with:
"5.2.1 The provision of adequate and accessible space for
pedestrians, cyclists and transit are to be considered in
the design of streets."
iii) adding the following phrase to the end of the first sentence of
Policy 5.2.2: "through the development of facilities and
amenities such as sidewalk cafes, plazas, piazzas and other
spaces. ".
c) Policy 5.3 is amended by:
i) deleting the first sentence of Policy 5.3.4 and replacing it with:
"Landscaping, together with other design measures, can assist
in mitigating the impacts of development on surrounding lands.
Landscaping, where adjacent to buffer areas of natural
heritage features, shall be designed to incorporate native
species. ".
ii) deleting the second sentence of Policy 5.3.5 and replacing it
with: "Tree Preservation Plans may be required prior to any
site alteration in compliance with PART 2, Section 11. ".
d) Policy 5.6 is deleted and Policy 5.5 is renumbered to Policy 5.6 and
is further amended by:
i) replacing the phrase "of a plan of subdivision" at the end of
Policy 5.6.2 (formerly 5.5.2) with " within secondary plans and
plans of subdivisions"
ii) deleting former Policy 5.5.3.
e) A new Policy 5.5 is added as follows:
"5.5 Signs within the City are regulated by the comprehensive sign
- 53 -
by-law. The by -law implements the following amenity and
design principles:
5.5.1 The city is organized into sign districts in order to
establish the appropriate sign types and regulations for
each district.
5.5.2 Proposed signs should be designed so as not to
compete for visual attention and airspace with
streetscape elements, existing signage and buildings.
5.5.3 Signs are a part of the streetscape and are to be
designed to complement the built form and character of
the surrounding area. Signs are not to be intrusive nor
add to visual clutter. Separation distance between
signs and residential uses, designated heritage
properties and open space should be such that these
uses are not impacted negatively.
5.5.4 Signs should be designed to integrate with building
architecture and the development in general.
5.5.5 Electronic signage should be carefully sited. Due to its
illumination and display characteristics, electronic
signage should be located such that impacts on
vehicular and pedestrian traffic are minimized.
5.5.6 Signs located in the Downtown and Drummondville
Districts shall be designed to respect the historic
character or heritage theme for these areas. As such,
signs are to be at a scale and size that is appropriate
for each district and in compliance with the specific
design guidelines are to be developed for the
Downtown and Drummondville Districts.
5.5.7 Applications for minor variances from the
comprehensive sign by -law may be considered by
Council or its designated staff member provided that:
• the general intent and purpose of the Official Plan is
maintained;
• the general intent of the Sign By -law is maintained;
• the request is minor in nature; and
• is desirable for the appropriate development of the
land.
5.5.8 Any major deviations will require Council approval as an
amendment to the by -law and will be subject to the
submission of an application accompanied by studies
- 54 -
and /or reports, to demonstrate the reasons why the by-
law regulations cannot be complied with and to address
issues of aesthetics and design as well as impacts on
the surrounding area, traffic safety and public property.
5.5.9 Approvals of by -law amendment applications may be
subject to conditions including, but not limited to,
submission of Letters of Credit, agreements registered
on title to safeguard the City's interests in the regulation
of signs and their content as Council considers
appropriate."
f) A new Policy 5.7 is added as follows:
"5.7 The City may prepare urban design plans or neighbourhood
plans to implement the Urban Design Policies on specific
areas. In the absence of such plans, reference should be
made to Niagara Region's Model Urban Design Guidelines."
xviii) PART 4, SECTION 2 - OFFICIAL PLAN REVIEW AND AMENDMENTS is
amended as follows:
a) Policy 2.1 is amended by replacing the date "2011" with "2031".
b) Policy 2.3 is amended by renumbering subsections 2.3.2 to 2.3.14
(inclusive) to 2.3.3 to 2.2.15 (respectively) and by adding a new Policy
2.3.2:
"2.3.2 Intensification and Density Targets"
c) The following policies are added after Policy 2.7:
Urban Boundary Expansion
2.8 An Urban area boundary expansion shall only occur where the
Regionally led and subsequent Local Growth Management
Studies have demonstrated that:
2.8.1 Sufficient opportunities to accommodate forecasted
growth through intensification and greenfield
development, using the intensification target and
density targets of this Plan, are not available.
2.8.2 The expansion makes available sufficient lands for a
time horizon not exceeding 20 years. The timing of the
expansion and phasing of development within the
greenfield area will not adversely affect the
achievement of the intensification target, density targets
or any other policies of this Plan.
-55-
2.8.3 Where applicable, the proposed expansion will meet the
requirements of the Greenbelt and Niagara Escarpment
Plans.
2.8.4 The existing or planned infrastructure required to
accommodate the proposed expansion can be provided
in a financially and environmentally sustainable manner.
2.8.5 In prime agricultural areas:
a) The lands do not comprise specialty crop areas.
b) There are no reasonable alternatives that avoid
prime agricultural areas.
c) There are no reasonable alternatives on lower
priority agricultural lands in prime agricultural areas.
2.8.6 Impacts from expanding urban areas on agricultural
operations that are adjacent or close to the urban area
are mitigated to the extent feasible.
2.8.7 In determining the most appropriate location for
expansions to the boundaries of an urban area, the
policies of Sections 2 and 3 of the PPS and Sections 6
and 7 of the Regional Policy Plan or corresponding
policies of this Plan are applied.
2.8.8 The expansion will plan to maintain or move
significantly towards a minimum of one full time job per
three residents within the municipality.
Employment Land Conversions
2.9 The City may permit the conversion of lands within
employment areas to non - employment uses but only
through a municipal comprehensive review where it has
been demonstrated that the conversion meets each of
the tests identified in Policy 2.10 where it meets at least
one of the following strategic objectives:
2.9.1 promotes brownfield redevelopment;
2.9.2 addresses issues related to land use
incompatibility;
2.9.3 provides affordable housing; or,
2.9.4 meets any of the other strategic policies of this
Plan.
2.10 Conversion of employment lands to non - employment
uses must demonstrate that:
2.10.1 there is a need for the conversion;
-56-
2.10.2 the City will meet employment targets allocated
to the Municipality as documented in this Plan;
2.10.3 the conversion will not adversely affect the
overall viability of the employment area and the
achievement of the intensification target, density
targets and other policies of this Plan;
2.10.4 there is existing or planned infrastructure in
place to accommodate the proposed use;
2.10.5 the lands are not required over the long term for
the employment purposes for which they are
designated; and,
2.10.6 Cross jurisdictional issues, including but not
limited to infrastructure, the environment and
land supply have been considered. "
xix) PART 4, SECTION 3 - COMMUNITY SECONDARY PLANS AND
NEIGHBOURHOOD PLANS is amended as follows:
a) Policy 3.1 is amended by deleting the phrase "major growth areas,
such as the Westlane, Grassybrook and Chippawa areas" and
replacing it with "greenfield areas in accordance with Part 2. ".
b) Policy 3.2 is amended by replacing the word "may" with the word "will"
in both the first and second sentences and by inserting the words
"land use" between the words "any" and "change" in the second
sentence.
c) Policy 3.4 is amended by deleting the first sentence and replacing it
with "Neighbourhood plans may be prepared as a guide to localized
development where secondary plans are not warranted and may be
incorporated into the Official Plan." and by deleting the last sentence
in its entirety.
xx) PART 4, SECTION 4 - BY -LAWS is amended by deleting Policy 4.5.1 in its
entirety and replacing it with the following:
"4.5.1 Council may grant, pursuant to Section 37 of the Planning Act,
bonuses in height and /or density of a development beyond that
permitted by this Plan and /or the Zoning By -law in exchange for
facilities, services or matters. Development proposals shall be
consistent with the objectives and policies of this Plan. The
facilities, services or matters include, but are not limited to:
• public capital facilities;
• remediation of a brownfield site;
• provision of parkland or public open space, beyond that required
by this Plan;
• preservation of natural heritage resources, beyond that required
by this Plan;
• provision of on -site and /or off -site pedestrian, cycling or transit
facilities;
- 57 -
• additional road or servicing improvements;
• preservation of cultural heritage resources, including restoration
of buildings, conservation of heritage landscapes and protection
of archaeological sites; and
• provision of on -site and off -site sustainable design elements.
4.5.2 In the consideration of the facilities, services or matters to be
provided, regard shall be had for the relationship of the facilities,
services or matters to the proposed development, or the
neighbourhood in which the proposed development is located.
4.5.3 In all cases, the increase in height and /or density will be based on a
site specific review. In reviewing the proposed increase in height
and /or density, Council will ensure that:
• the proposed development is compatible with the scale and
character of the surrounding neighbourhood and does not
constitute an undue concentration of density;
• there is adequate infrastructure and community facilities available,
or can be made available, to support the proposed development;
• the transportation system can accommodate the proposed
increased density; and
• the site is of a size and configuration that can accommodate the
necessary on -site functions, parking and landscaping.
4.5.4 Any agreements required to secure the services, facilities or matters
shall be executed by the applicant prior to Council passing any
by -laws to amend the Zoning By -law.
xxi) PART 4, SECTION 8 - CONSENT POLICIES, Policy 8.2.5 is amended by
inserting the phrase "where supported through a farm business plan and"
between the words "permitted" and "provided" in the first sentence.
xxii) PART 5, APPENDICES, is relabelled "PART 5, SECONDARY PLANS ",
"PART 6 - SCHEDULES" is added and the APPENDICES are moved to
"APPENDICES ".
xxiii) APPENDIX 1 - DEFINITIONS is amended by:
a) moving and renaming definition 1.4 "Area of Employment" to 1.15
"Employment Lands" and by renumbering definitions 1.5 to 1.15
(inclusive) to 1.4 to 1.14 (respectively); and
b) deleting 1.7 "Comprehensive Review" in its entirety and replacing it with
the following:
"1.7 "Comprehensive Review" -
a) an official plan review or amendment which is initiated or adopted
by a planning authority for the purposes employment land
conversions within a regeneration area or Downtown, or
- 58 -
b) for the purposes of urban boundary expansions and conversions
of employment lands, not within regeneration areas or Downtown,
means an official plan review, or an official plan amendment,
initiated by a municipality that comprehensively applies the
policies of the Growth Plan for the Greater Golden Horseshoe;
which:
1. is based on a review of population and growth projections
and which reflect projections and allocations by upper -tier
municipalities and provincial plans, where applicable;
considers alternative directions for growth; and determines
how best to accommodate this growth while protecting
provincial interests;
2. utilizes opportunities to accommodate projected growth
through intensification and redevelopment;
3. confirms that the lands to be developed do not comprise
specialty crop areas in accordance with policy 2.3.2 (of the
Provincial Policy Statement, 2005);
4. is integrated with planning for infrastructure and public
service facilities; and
5. considers cross - jurisdictional issues."
xix) Cross references of policies that have been changed as a result of this
proposed amendment are applied as follows:
urrent OP Policy • roposed OP Policy urrent Reference pdated Reference
• art 2,
• art 2, S. 12.4 • art 2, S. 11.4 • art 3, S. 3.3.4 • art 2, S. 11.20
• art 2, S. 14.7.1 • art 2, S. 13.7.1 'art 2, S. 9 • art 2, S. 8
• art 2, S. 14.7.2 • art 2, S. 13.7.1.2 ' art 2, S. 14.7.1.1 'art 2, S. 13.7.1.1
art 2, S. 14.7.1.3 • art 2, S. 13.7.1.3 • art 2, S. 14.7.1.2 'art 2, S. 13.7.1.2
art 2, S. 14.32 • art 2, S. 13.32 • art 2 S.1.2.3 and 4.2.35 • art 2, S. 1.3.3 and 4.2.36
• art 2, S. 14.34 • art 2, S. 13.34 •ection 9 , ection 8
art 2, S. 14.34.6 • art 2, S. 13.34.6 • olicy 13.7 • olicy 12.7
' art 2, S. 14.35.1 • art 2, S. 13.35.1 • olicy 14.35.3.2 • olicy 13.35.3.2
• art 2, S. 14.35.3 • art 2, S. 13.35.3 • art 2, Section 9 • art 2, Section 8
olicy 14.37.1.2(i) • olicy 13.37.1.2(1)
art 2, S. 14.37.1.2 'art 2, S. 13.37.1.2 a),(b),(c),(d) a),(b),(c),(d)
• art 2, S. 14.42.4 'art 2, S. 13.42.4 • olicy 14.49.1 • olicy 13.49.1
art 2, S. 14.44.2 • art 2, S. 13.44.2 • art 2, Section 12 'art 2, Section 11
art 2, S. 14.44.3 • art 2, S. 13.44.3 4.44.2 4.33.2
art 2, S. 14.50 ' art 2, S. 13.50 ' art 2, Section 10 'art 2, Section 9
'art 2, S. 14.51 ' art 2, S. 13.51 'art 2, Section 1.7.5 'art 2, Section 1.13.5
'art 2, S. 14.51.3 • art 2, S. 13.51.3 .14.51.4 •.13.51.4
-59-
• art 2, S. 14.54 • art 2, S. 13.54 - art 2, Section 1.7.5 'art 2, Section 1.13.5
• art 2, S. 14.55 • art 2, S. 13.55 • art 2, Section 1.2 • art 2, Section 1.3
'art 2, S.
4.57.2.2(b) • art 2, S. 13.57.2.2(b) • olicy 12.57.4 • olicy 11.57.4
'art 2, S. 14.58 • art 2, S. 13.58 • art 2, S. 1.2 'art 2, S. 1.3
art 2, S. 14.59 • art 2, S. 13.59 • art 2, S. 3.5.2 ' art 2, S. 3.5.1
' art 2, S. 14.60 • art 2, S. 13.60 • art 2, S. 1.7.5 • art 2, S. 1.13.5
- art 3, S. 1.4.8 • art 3, 1.5.24 • olicy 1.4.19 • olicy 1.5.35
• art 3, S. 3.2.8 • art 3, S. 4.8 • olicy 3.2.6 • olicy 4.6
art 4, Section 4
• art 4, S.4 Preamble • reamble 'art 2, Section 11 'art 2, Section 10
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nterna an Olh - rgPly�
CITY OF NIAGARA FALLS
By -law No. 2012 -
A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 31st day
of January, 2012.
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 31 day of January, 2012 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 thirty -first day of January, 2012.
DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR
First Reading: January 31, 2012
Second Reading: January 31, 2012
Third Reading: January 31, 2012