2012/07/24ELEVENTH MEETING
REGULAR COUNCIL MEETING
July 24, 2012
Council met on Monday, July 24, 2012 at 4:05 p.m. in a Committee of the Whole
meeting. All members of Council were present. Following the conclusion of the Committee
of the Whole session at 5:40 p.m., Council passed a resolution to go In Camera.
NO. 16 MOROCCO - THOMSON - Therefore be it resolved on July 24, 2012 Niagara Falls
Council will go into a closed meeting to consider matters that fall under the subject matter
under s. 239(2)(d) labour relations and s. 239(2)(f), advice that is subject to solicitor - client
privilege.
Council did not rise and report on In Camera matters.
Council met for the purpose of considering Regular Business matters in Council
Chambers at 6:50 p.m. All members of Council were present. Councillor Pietrangelo
offered the Opening Prayer.
ADOPTION OF COUNCIL MINUTES
ORDERED on the motion of Councillor Morocco, seconded by Councillor Mayes that
the minutes be approved.
Carried Unanimously
DISCLOSURES OF PECUNIARY INTEREST
Councillor Wing indicated an indirect pecuniary interest with an In Camera matter,
the Heartland Forest Deputation, as her husband is involved with the organization, and a
pecuniary interest related to the resolutions associated with the Lundy's Lane Battlefield
and the Community Infrastructure Improvement Fund. She is also an abutting landowner
to the Battlefield property.
Councillor loannoni indicated a pecuniary interest to cheque no. 357727 and
356069, a firm she has a consulting arrangement with, and to HR- 2012 -30 and an indirect
pecuniary interest to R &C- 2012 -17.
Councillor Thomson indicated a pecuniary interest to an In Camera matter and to
reports MW- 2012 -44, PD- 212 -44. He also declared a conflict with PD- 2012 -45, which is
in the vicinity of his property.
Councillor Morocco indicated an indirect pecuniary interest to cheque no. 355505,
made payable to her spouse.
Councillor Kerrio indicated a pecuniary interest to an In Camera matter and to the
Fallsview BIA budget.
Councillor Pietrangelo indicated a pecuniary interest to a Niagara Ca polic Board
wire transfer, his employer.
Mayor Diodati indicated a pecuniary interest to cheque no. 355886 made payable
to himself.
- 2- Council Minutes
July 24, 2012
PRESENTATIONS/ DEPUTATIONS
GNGH Foundation
Ruth Ann Nieuwesteeg, Chair of the Greater Niagara General Hospital Foundation,
informed Council of the upcoming gala fundraiser and encouraged Council to purchase a
table for the event.
ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco
that Council participate and purchase a table for the event.
Carried Unanimously
Heartland Forest
Elisabeth Graham, Executive Director, Heartland Forest, informed Council of the
Niagara Falls Canada Chamber of Commerce Golf Tournament which benefits Heartland
Forest this year and encouraged Council to participate.
ORDERED on the motion of Councillor Kerrio, seconded by Councillor Pietrangelo
that Council enter a foursome into the Charity golf tournament.
Carried Unanimously
Niagara District Airport Commission
Reudi Suter, Chairman of the NDAC requested approval of the budget amendment
to the Commission's 2012 budget related to a Fixed Based Operator (FBO) agreement.
ORDERED on the motion of Councillor Wing, seconded by Councillor Thomson that
Council consent to the budget amendment to sell the fuel equipment to the new Fixed
Base Operator (FBO) and grant the FBO an option to purchase the FBO hangar.
Carried Unanimously
PLANNING MATTERS
PD- 2012 -42 - 26T -11- 2012 -01 & AM- 2012 -003, Deerfield Estates Phase 10 Draft Plan of
Subdivision and Zoning By -law Amendment Application Block 209, Plan 59M -384 Kalar
Road(West Side), South of Lundy's Lane. Owner: River Realty Development (1976) Inc.
(Stewart Branscombe)
The Director of Planning reviewed the recommendations and provided the following
information.
Background
The applicant has requested approval of a draft plan of subdivision and a zoning
amendment to permit the development of two parcels of land, one parcel with a subdivision
of 45 single detached lots and the other parcel for a retirement home or apartment building.
A Neighbourhood open house was held on June 11, 2012
No neighbours attended.
Planning Analysis
Provincial Policy Statement & Growth Plan
The subject lands are located in an area considered a greenfield which Region has
determined should have a density of 53 persons /jobs per hectare.
The subdivision as proposed together with the zone change requested is close to the target
and represents an efficient use of residential land and urban services.
- 3 - Council Minutes
July 24, 2012
OFFICIAL PLAN & GARNER NEIGHBOURHOOD SECONDARY PLAN
Official Plan designates the land Residential.
Proposed subdivision provides lots with 10m frontages for a compact form of development
that provides for an efficient use of infrastructure.
The compact lots are compatible with forms of housing that exist or are planned for the
area.
The development of Parcel 2 with an apartment building or retirement home is supported
by policies of the Official Plan and OPA No. 94.
The combination of the separation provided by Kalar Rd. along with setbacks and coverage
restrictions should assist in mitigating impact on residences along the east side of Kalar
Road.
A housing mix target of 70% single /semi detached and 30% multiple residential units is
specified for the Garner Neighbourhood.
The proposed subdivision with the Deerfield Estates Phase 9 Plan of Subdivision provides
a housing mix of 80% single /semi detached and 20% multiples.
5 blocks for multiple units still exist in the Deerfield and Edgewood Estates subdivisions
and will provide opportunities for multiple residential development.
SUBDIVISION DESIGN
The subdivision provides a cul -de -sac (Street A) running north off Angie Dr. as well as
another local road (Street B) off Kalar Rd.
This design satisfies both Transportation Section's requirement to provide efficient traffic
flow on Kalar Rd. by minimizing the number of new intersecting streets, as well as Fire
Service's requirement to keep cul -de -sacs less than 150 m in length.
Sidewalks along the north side of Angie Dr. and west side of Kalar Rd. will be provided in
accordance with City standards.
Parkland requirements satisfied through initial Deerfield Subdivision in 2006 except for 0.75
ha not included in Deerfield Ph 9, for which a cash -in -lieu payment will be made.
Wood screen fencing should be required along Kalar Rd. and the boundary of commercial
properties to ensure proper buffering from traffic and commercial operations.
ZONING BY -LAW
The Residential Single Family 1F Density (R1 F) zone provides standards for lots with
frontages of 10m and lot areas of 320 sq m. A modified R1 F zone has been requested as
noted below:
► A minimum lot area of 290 sq m — minor reduction, no impacts on surrounding
development, will promote compact development
► Remove references to the provisions that protect future road widenings — provisions
unnecessary as widenings required for Kalar Rd reconstruction have been
dedicated.
The requested site specific Residential Apartment 5C Density (R5C) zone requested for
Parcel 2 would permit the development of an apartment dwelling or a retirement home up
- 4 - Council Minutes
July 24, 2012
to 19 m (6 storeys) in height with 45 -58 units.
The amendment replaces zoning on a block that is being lost with the development of the
subdivision with lots exclusively for detached dwellings. The following site specific
regulations are requested.
► Rear yard depth of 7.5 m from Kalar Rd rather than 10 m. — consistent with
setbacks required for existing and approved multiple units to the south.
► Minimum landscape open space requirement of 30% of the lot area rather than 40%
- Sufficient amenity space and buffering will be provided by recommended
landscape strips.
► 3 m wide landscape strip between parking area and a street is proposed rather than
a 1 m tall wall or berm. Landscape strip will allow for planting of trees and shrubs
to provide for adequate buffering from adjacent streets and a landscape amenity
more in keeping with character of surrounding area.
Conclusion
Requested approval of a draft plan of subdivision and a zoning amendment to permit the
development of a subdivision with 45 single detached lots and zoning approval for the
future development of a multiple residential block outside the proposed plan of subdivision.
The request can be supported for the following reasons:
► The proposal complies with Provincial and Regional policies with respect to
providing compact development in designated greenfield areas;
► The proposal complies with the Official Plan with respect to the location of higher
density residential developments; and,
► The plan of subdivision will provide a logical extension of development and a
housing mix to address current trends.
Recommendation
That the Deerfield Estates Ph 10 Plan of Subdivision be draft approved, subject to the
conditions in the attached appendix.
That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days
after notice of Council's decision has been given as required by the Planning Act, provided
no appeals of the decision have been lodged.
That draft approval be given for three years after which approval will lapse unless an
extension is requested by the developer and granted by Council.
That the application to amend the Zoning By -law be approved as detailed in staff report
(PD- 2012 -42) to provide the necessary land use regulations to guide the development of
the proposed subdivision, and the development of Block 209, Plan 59M -384.
That the Mayor and City Clerk be authorized to execute the Subdivision Agreement and
any required documents to allow for the future registration of the subdivision when all
matters are addressed to the satisfaction of the City Solicitor.
That Council pass the related Zoning By -laws appearing on tonight's agenda.
John Mestik, River Realty, was present to respond to any questions.
The Public Meeting was Closed.
ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni
that the report be approved as recommended.
Carried Unanimously
5 - Council Minutes
July 24, 2012
PD- 2012 -41 -AM- 2012 -006, Official Plan and Zoning By -law Amendment, Application:
9941 Lundy's Lane, Applicant: Futecan Canada Inc., Agent: Quartek Group Inc.
Proposed Winery & Ancillary Uses
The Director of Planning reviewed the recommendations and provided the following
information.
Background
An Official Plan and Zoning By -law amendment is requested to establish and estate winery
with ancillary uses as a 'value added' agricultural use.
25.4 ha (60 ac) parcel of land on the north side of Lundy's Lane between Thorold Townline
Rd. and Beechwood Rd.
The proposed estate winery would include a 464 sq m (5000 sq ft) production facility, a 464
sq m (5000 sq ft) local produce shop, a 279 sq m (3000 sq ft) storage barn and a 1517 sq
m (16,328 sq ft) main building.
There is an existing two storey single detached dwelling on the property that would be used
for wine tasting and retail areas, hospitality areas, cellar /storage and continued residential
use on the 2nd floor.
In 2004, the property was the subject of an Official Plan and Zoning By -law amendment
application to permit a winery. The application was approved by Council subject to a
holding provision to ensure that a minimum of 6 ha (15 acres) of grapes had been planted
and were in full production.
The 2004 amendments were not presented to Council as the fees were not paid and the
file was eventually abandoned.
A Neighbourhood Open House was held on June 21, 2012 with two people attending
seeking additional information about the application. No one objected to the proposal.
Present Site Conditions
The vineyards on the site are producing grapes, but not to their full potential. A viticulturist
report submitted with the application advised that the vineyards need considerable work
to increase production, including the removal and replanting of some portions, installation
of tile drainage and wind machines.
An addendum to the viticulturist report was submitted on July 17, 2012 and noted that
considerable improvement has been made on the site and that grape production will likely
be higher than originally expected.
The addendum concludes that the current size of the vineyard is capable of supporting a
winery.
Planning Analysis
Provincial Policy Statement/Provincial Growth Plan
The subject property is considered prime agricultural land within a prime agricultural area.
Provincial policy requires the protection of prime agricultural areas for long term agricultural
use. To achieve this, proposed secondary uses and agriculturally related uses shall be
compatible with and not hinder the surrounding agricultural operations.
Wineries are considered an agriculturally related use and must be small in scale and
directly related to the farm operation. They are also secondary uses to the principle farm
use.
- 6 Council Minutes
July 24, 2012
The proposed winery would be compatible with the surrounding agricultural uses since
wineries are common features in the agricultural areas of other Niagara municipalities.
To ensure that the proposed winery is secondary to the farm on the site, staff recommend
the winery be subject to a minimum area requirement of planted vineyards. This would
ensure that there is an established agricultural operation on the site before the winery can
be permitted.
Official Plan
The land is designated Good General Agriculture in the Official Plan.
A portion of the property is also designated Environmental Protection, which coincides with
the Beaver Dams Creek floodplain.
The property is subject to Special Policy Area 43 which permits a tourist home (bed and
breakfast) which the applicant wishes to retain.
Staff support the concept of an estate winery, however there is a concern that the
vineyards have not yet achieved sufficient production for a winery.
A review of winery policies from the Town of Lincoln, Town of Niagara on the Lake and
Prince Edward County suggests the typical minimum area for an estate winery is 8 ha (20
acres) and the majority of that area is to be planted and fully productive.
The site has 6 ha (15 ac) planted which is not at full production.
A policy is included in the proposed amendment requiring a minimum area of 8 ha (20 ac)
be planted and 75% of that area be in full production which is consistent with other Niagara
municipalities and would ensure the winery is productive and secondary to the principle
farm use.
The applicant's draft OP policy proposes a local farm produce shop as a permitted use.
It is recommended that the size be kept to 186 sq m (2000 sq ft) to ensure it remains small
scale and ancillary to the farm.
To ensure the winery and ancillary uses remain secondary to the farm operation, it is
recommended that the floor areas be limited to 1300 sq m (13,993 sq ft).
The subject property is on private services (septic and well) which is being reviewed by
Regional Health Department.
Zoning By -law
Zoned Agriculture with site specific regulations for a four bedroom tourist home.
Applicant is requesting an estate winery and ancillary uses to be added as permitted uses
on the property.
By -law 79 -200 does not include a definition of an estate winery and it is proposed that a
definition be added to establish the specific ancillary uses included with an estate winery.
Estate Winery" means an agriculturally related use on an established vineyard and /or fruit
farm for the processing of fruit, fermentation, production, bottling, aging and storage of
wine and wine related products where the fruit used in the production shall be grown within
the Region of Niagara. An estate winery may also include the following ancillary uses: a
wine retail area, hospitality rooms and outdoor patios and an office.
- 7 Council Minutes
July 24, 2012
"Hospitality Room" means part of a building where wine and food may be served but does
not include the use of commercial cooking equipment on -site for the preparation of food.
"Local Produce Shop" means a retail store ancillary to an agricultural use and /or farm
which sells food products and other agriculturally related products grown or processed
within the Region of Niagara.
A holding (H) provision be placed on the site until the satisfactory completion of an
archaeological assessment.
Use Proposed Recommended
Minimum vineyard 8.0 ha (20 ac)
(75% in production)
Wine Production Area 520 (5997)m2 (ft2) 520 (5997)m2 (ft2)
Retail Area 214 (2300)m2(ft2) 214 (2300)m2(ft2)
Hospitality Area
(including outdoor patios) 257 (2766)m2(ft2) 300 (3229)m2 (ft2)
Local Produce Shop 464 (5000)m2 (ft2) 186 (2000)m2 (ft2)
Parking 17 car spaces 44 car spaces
& 5 bus spaces
The applicant has requested an Official Plan and Zoning By -law amendment to permit the
establishment of an estate winery and ancillary uses on the property.
The property is 25.4 ha (60 acres) of which 6 ha (15 acres) is planted with grape vines.
Planning Staff support the application, but recommend a holding provision be placed on
the property that will be removed once an archaeological assessment has been completed
to the Region of Niagara's satisfaction.
The owner and applicant have advised that this requirement should be met by the fall and
have agreed to the holding provision.
The amendments can be supported as follows:
► The Provincial Policy Statement permits agriculturally related and secondary uses
in prime agricultural areas;
► The proposed estate winery and ancillary uses are in appropriate scale to the farm;
• The proposed estate winery will not interfere with any of the abutting agricultural
operations; and
► The use of a holding (H) provision will ensure that any archaeological resources are
protected.
Recommendation
That Council approve the Official Plan amendment application to permit the establishment
of an estate winery and ancillary uses on the property.
That the application to amend the Zoning By -law be approved as detailed in this report to
permit the establishment of an estate winery and ancillary uses on the property subject to
the inclusion of a holding (H) provision to ensure the completion of an archaeological
assessment completed to the Region of Niagara's satisfaction.
That Council approve the By -law on tonight's agenda.
Daniel Romanko, agent for the applicant, was in support of the staff report and
recommendations without the inclusion of a holding (H) provision, and requested Council's
consideration.
The Public Meeting was Closed.
ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco
that the report be removed without a holding (H) provision.
Carried Unanimously
- 8 - Council Minutes
July 24, 2012
PD- 2012 -46 - AM- 2012 -005, Official Plan and Zoning By -law Amendment Application
5555, 5599 and 5651 River Road, 4369 Hiram Street and 5600 Blondin Avenue.
Applicant: 2298642 Ontario Inc. and 2302846 Ontario Inc., (Ralph Terrio and Hunter
Milborne) Agent: MMM Group (Chad John - Baptiste)
The Director of Planning reviewed the recommendations and provided the
following information.
Background
Applicant is seeking Official Plan and Zoning By -law amendments for the lands currently
occupied by the Niagara Falls Aviary and Michael's Inn.
The proposal calls for the development of two hotel towers, 61 storeys with 478 suites and
60 storeys and 488 suites.
Both parcels of land designated Tourist Commercial in OP and located in an area where
buildings up to 12 storeys may be considered.
Site specific policies are requested to permit the buildings of 60 & 61 storeys in exchange
for contributions to the City for capital facilities.
Parcel 2 and part of Parcel 1 are currently zoned Tourist Commercial (TC).
The site specific TC zoning requested is for various parking standards to satisfy the
required parking.
The Aviary building is a `listed' heritage building. A Heritage Impact Assessment was
completed and the Municipal Heritage Committee has agreed that the building does not
represent a high level of cultural heritage value as it has been altered several times to
accommodate its various uses.
Neighbourhood Open House
Held on June 19, 2012, 14 residents and property owners from the area attended.
Residents concerned with traffic included the following:
► Drop off area did not appear to be large enough to serve the development
► Potential for queueing to spill onto surrounding streets;
► Potential difficulty in accessing the loading area from John St. , and
► Sight line issues on River Rd.
Applicant's Planner noted that City staff had some of the same concerns and that the
concerns were being looked at further.
Other concerns raised:
► Is there a market for this development
• proposal provides a different project than what was already available in City.
► Is this setting a precedent for the rest of River Rd. and possible additional height
request for the Niagara Falls Pointe development?
• Approvals would be required to permit additional height on that project.
► Residents stressed need to improve roads, infrastructure and streetscaping in River
Rd. neighbourhood beyond the areas adjacent to the subject lands.
Official Plan
Subject parcels are designated Tourist Commercial (TC) in the OP and located in the
Clifton Hill Subdistrict of the Central Tourist District.
This district is intended to be the focal point of tourism activities and accommodate
intensive, large scale hotels and tourist facilities with building heights limited to 12 storeys.
OP contains general tourism policies to guide development and enhance Niagara Falls as
a world class tourism destination which are summarized as follows:
- 9 - Council Minutes
July 24, 2012
► Promotion of high standards of building design, with new high -rise buildings of
variable heights and mass that do not form a continuous wall of development;
► Creation of an internationally recognizable skyline;
► Reduction of building heights toward the periphery of the tourist core and
minimization of shadowing on residential areas;
► Development of design criteria to ensure new buildings add distinct and interesting
features to the Niagara Falls skyline, are reduced in mass above the podium and
impacts on residential areas are minimized;
► Parking areas /structures to be aesthetically pleasing with active uses provided at
the street level to enhance the pedestrian environment.
Although the maximum building height in the Central Tourist District is set at 30 storeys,
the OP allows for consideration of taller buildings through an OP Amendment.
Such proposals are to demonstrate that no adverse impacts such as extensive shadowing
on residential areas, encroachments on the view of the Falls and street level wind impacts
will be created as a result of the additional height.
Proposed development reflects the general intent of the OP as follows:
► It is located in the Central Tourist District, where high rise hotels and full range of
tourist related uses are expected;
► The towers have been designed to be iconic and will add landmark features to the
Niagara Falls skyline that will assist in creating an internationally recognizable
skyline;
► The towers are well setback from existing and other approved hotel towers and the
Falls and as such they will not contribute to a wall effect and will not impact on or
detract from the Falls;
► Required parking is contained on -site in parking garages, with active uses
developed along River Rd and Hiram St. to engage pedestrians; and
► The podium on Parcel 2 is reduced in height on the north side to provide a
gradation to the low rise residential neighbourhood.
► 12 storey height limit was placed on the land when the maximum building height in
the Central Tourist District was established at 30 storeys.
► Under newer design considerations, Council has approved 3 hotel towers in the 60
storey range.
► Given the greater focus on design excellence rather than height, it is appropriate to
consider taller buildings on the subject lands provided they meet planning and
design objectives.
► The development is located close to a residential neighbourhood to the north and
north -west and the podium of the building on Parcel 2 would serve as a transition
with the massing and scale of the approved, but unbuilt Niagara Falls Pointe
development.
► The height of the tower on Parcel 2 would result in shadowing impacts on up to 45
properties. The properties closer to the development may be affected for up to 90
minutes during the morning and early afternoon. The shadowing impacts are not
considered extensive because of the duration.
Architectural Peer Review
All building proposals in the Tourist Commercial area greater than 10 storeys are subject
to an Architectural Peer Review.
The Peer Review evaluates a project's conformity to 7 principles contained in the City's
Tourism Policy Review Implementation Handbook as follows:
Positive Building Space
► The project meets the minimum build -to lines along street edges to engage
surrounding sidewalks and provides retail uses along the River Rd. to animate the
frontage. At the site plan stage options to reduce or eliminate the blank facades
and engage pedestrians on other streets can be considered.
► The podiums for both developments are at a scale consistent with the Niagara Falls
Pointe project.
Public Realm at Grade
- 10 - Council Minutes
July 24, 2012
► Streetscape improvements abutting the site will be secured through Section 37
Agreement
Skyview
► To ensure light and transparency between buildings through built -form regulations
• The proposal is within maximum tower floor plate sizes (892 sq m, proposed/
max 1115 sq m permitted)
Separation distances between the towers are well above the minimum
requirements (63 m. proposed /min. 25 m req'd)
The podium front yard setback is within the required setbacks (0 m from
River Rd. proposed /0 -3 m permitted)
The towers are slightly above the maximum length -to -width ratio (1:1.6
versus a maximum of 1:1.5) but is acceptable
The height of the podiums varies from 12.6 m along most of John St. and
Blondin Ave. to 20 m along River Rd. with some projections above 20 m.
Although portions of the podium are above the maximum 15 m height, the
design provides a step down to sensitive uses to the north.
A small portion of the south tower is 0.9 m from River Rd and is 1.2 m from
the parcel to the west, while a small portion of the north tower is 0.5 m from
Hiram St. These encroachments are unavoidable given the configuration of
the sites.
Skyline Height
• The taller the buildings the greater the emphasis should be on slenderness
and that building heights should be stepped down towards the periphery of
the tourist district to minimize the impacts on residential areas and Queen
Victoria Park.
The buildings are slender and organized to provide visible skyview between
them.
The height will create a diversity in the skyline and are designed as unique
shapes.
The towers are approximately 150 m from the approved 30 storey hotel on
Canadian Niagara Hotel lands.
Although close to residential area, the shadowing impacts are minimal.
Views and Vistas
Microclimate
To preserve and enhance visual connection to the Falls.
Given the conversion of the Minolta Tower to a hotel and the closure of the
Maple Leaf Tower, there has been a reduction in the number of observation
towers in the City. The proposed hotels include observation decks that
replace these lost viewing opportunities.
The views from the area north of Michael's Inn towards the Falls are already
constrained, the proposed development should not have an impact.
A Microclimate study was completed for the development and concluded that
with the addition of wind mitigation measures, any impacts can be
addressed.
Parking & Circulation
To reduce the visual impact of parking lots and traffic impacts caused by
remote parking lots by containing parking on -site in garages.
The proposed development has parking contained on -site in garages.
The garages are screened from adjacent streets by retail and active uses
along the sidewalks.
A further review of the drop -off area on Parcel 2 will be conducted to ensure
it is large enough.
Icon Status
► The project represents an opportunity to create iconic structures in the skyline. The
OP policies promote architectural excellence and an internationally recognizable
skyline. The project adds iconic features to the skyline as follows:
- 11 - Council Minutes
July 24, 2012
The architecture is highly distinct from existing and proposed buildings,
therefore it will stand out from existing buildings. The towers will help replace
the distinct towers that have been diminished in recent years, such as the
Minolta Tower and the Maple Leaf Tower.
The buildings will stand at the north end of the tourist district, separated from
other existing and approved tall buildings. The location adjacent to the
Rainbow Bridge provides a unique opportunity to create a dynamic first
impression upon entering Canada.
Transportation and Servicing Impacts and Holding (H) provisions
► Transportation Services have concerns as follows;
• Traffic counts used to generate the study used;
• Adequacy of off - street drop off areas and the location of bus drop -offs
► The applicant is conducting further study to respond to the concerns.
► To ensure surrounding streets and residential areas are not adversely impacted,
these issues should be addressed prior to passing the Zoning By -law or if not
addressed, a holding (H) provision could be utilized.
► The applicant is also conducting further study on the adequacy of the sanitary
services to accommodate this project as well as other approved projects in the
Tourist Core. To ensure that adequate services are available, a holding provision
should secure the study's completion and any necessary upgrades to the City's and
Region's satisfaction.
► The applicant has submitted a Phase 1 Environmental Site Assessment which
identified possible contamination of the sites. To ensure any contamination is dealt
with in accordance with Provincial policies, a holding (H) provision should be used
to address the completion of a Phase 2 Environmental Site Assessment as well as
the filing of a Record of Site Condition, if necessary.
Zoning By -law
The applicant has requested site specific Tourist Commercial zones for each parcel. The
zones would address height, massing and setbacks. Increase height and density of the
buildings will be secured through a Section 37 agreement. The following site specific relief
is sought:
► Building Heights: 222 m (728 ft) requested for building on Parcel 1 and 229 m
(751 ft) for the building on Parcel 2.
► Lot coverage: 90% proposed. Necessary to accommodate the project and the
necessary on -site parking. Design guidelines allow up to 100% lot coverage.
► Loading spaces: 3 requested for the building on Parcel 1 and 6 requested for the
building on Parcel 2.
► Cooking facilities in Hotel suites: Up to 222 of the 966 suites could be fitted with
cooking facilities.
► Dwelling units on the ground floor: 5 townhouse units are proposed on Blondin Ave.
to assist in the transition to the adjacent residential area.
A parking rate of 0.8 spaces per hotel suite is requested along with reductions for the
ancillary assembly areas, restaurants and retail areas.
Applicant has requested a portion of the required parking be provided in parking stackers
and as tandem parking within the on -site structure. As these spaces will be provided
through a valet service, this can be supported.
Reductions in width of parking aisles and spaces can be supported.
Reduction in length of parking stalls cannot be supported as it will not accommodated
certain passenger vehicles.
A shared parking arrangement is proposed where a portion of the required parking for
Parcel 1 is to be provided on Parcel 2. As the two parcels are expected to operate as one
unit, this shared parking is acceptable.
- 12 - Council Minutes
July 24, 2012
Section 37 Agreements
Section 37 Agreements are permitted under the Planning Act to secure streetscape and
community facilities in return for increased height. All projects over 4 storeys in the tourist
area are required to pay for streetscape improvements on abutting streets.
As the streetscaping work along the street frontages abutting the subject lands has not
been completed, the S. 37 Agreement should require the submission of detailed
streetscaping plans, reflecting the Streetscape Master Plan, for these street frontages to
the satisfaction of the City and Niagara Parks Commission.
The estimated cost of all the streetscaping is $540,000.
Developments over 30 storeys are required to make a cash contribution based on 5% of
the construction costs for the net floor areas over 30 storeys, in return for the height
increase.
The estimated contribution is approximately $4.28 million. (revised)
The contributions are to be directed to one or more of the following municipal community
facilities: Downtown revitalization, proposed extension of Olympic Legacy Trail over Hwy
420 (bridge); Sylvia Place Market.
Legal Matters
The following 3 property matters need to be addressed prior to the lands being developed:
► A closed, City -owned laneway exists on Parcel 2 behind Michael's Inn. The
applicant has initiated the process to acquire this land;
► The project includes an overpass and underpass crossing Hiram St. The applicant
will need to enter into agreements with the City to permit these crossings.
► A small sliver of land exists between Parcel 1 and Hiram St. which is owned by the
Ontario Ministry of Transportation. This land is required to widen Hiram St. and will
need to be acquired. The transfer of this land will need to occur prior to the
execution of the above noted crossing agreements.
Conclusion
The applicant has requested site specific Official Plan and Zoning By -law amendments to
permit the development of 60 and 61 storey hotel buildings having a total of 966 suites on
two parcels of land.
The amendments can be supported because:
► The development reflects the intent of the City's Official Plan;
► The development is in general conformity with the City's tourist area design
guidelines and will provide an iconic addition to the Niagara Falls skyline; and,
► The amending by -laws will establish regulations to implement the recommended
policies. The recommended holding (H) provisions will ensure the necessary
servicing and transportation infrastructure is available and environmental site
assessments are completed prior to development.
Section 37 agreements should be used to secure the building form, capital facilities
contributions and streetscaping improvements.
Recommendation
That Council approve the Official Plan and Zoning By -law amendment application to permit
the development of 60 and 61 storey hotels and associated ancillary uses and parking on
the subject lands.
That site specific zoning by -laws be passed based on the regulations recommended in this
report including Holding (H) provisions to address the servicing, traffic and /or
environmental site assessment matters discussed in the staff report.
That the passage of the amending zoning by -laws be conditional on the execution of a
Section 37 agreement for each hotel to secure: the design of the project; a capital facilities
- 13 - Council Minutes
July 24, 2012
contribution based on 5% of the construction value of the net floor areas above 30 storeys;
and the completion of streetscaping works on abutting street frontages.
Shirley Fisher, is in support of the application, she believes this application fits in
with the area and is a beautiful proposal.
Manuel Dibe, 5547 Ontario Avenue, is in favor of the proposal, he believes it meets
all the needs for the area.
Lorenzo Siciliano, 4487 and 4427 John Street, supports the projects. He believes
it will be a positive improvement to the area and is one of the best proposals that have
come forward.
Patrick B. Feher; and Chad John - Baptiste, agents for the applicants outlined the
project in detail. They spoke to traffic, environmental and other issues surrounding the
project and the amenities that would be provided on -site.
The Public Meeting was Closed
ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni
that the report be approved as recommended.
Carried Unanimously
Councillor loannoni left meeting, 9:15 p.m.
MISCELLANEOUS PLANNING MATTERS
PD- 2012 -36 - Proposed Change from Residential Loan to Residential Grant
Downtown Community Improvement Plan - Revised
The report recommends the following:
That the Downtown CIP Residential Loan Program be changed to a Residential Grant
Program on a six month trial period to encourage the renovation of old vacant apartments
that are in serious disrepair and unused vacant space above businesses to help stimulate
the economic recovery of Downtown by encouraging more people to live in the area; and
That the maximum grant be 50% of the eligible funds up to $10,000 ($5,000 from the City
and $5,000 from the Region) per unit based on a minimum renovation of $20,000; and
That the Residential Grant Program come into effect immediately with a 60 day intake
period for applications; and
That staff report back on the success of the program after the six month trial period; or, in
the alternative
That Council direct staff to review the Downtown BIA's alternative request, that an increase
in time of repayment of approved loans from 5 years to 10 years, and the processing of the
first progress payment of the loan at 40% completion (the program currently provides
progress payments at 60 %, 80% and 100% completion of the project) be implemented.
Nem Kuntos, General Manager of the Downtown BIA and Phil Ritchie, made a brief
powerpoint presentation to the Council outlining the importance of the change to the
residential grant program to encourage the renovation of old vacant apartments in order
to keep the revitalization alive.
ORDERED on the motion of Councillor Gates, seconded by Councillor Wing that
report PD- 2012 -36 be deferred.
Motion Defeated
with Councillors Morocco, Mayes, Kerrio and Pietrangelo opposed.
- 14 - Council Minutes
July 24, 2012
ORDERED in the motion of Councillor Morocco, seconded by Councillor Thomson
that Council approve the recommendation related to the conversion from loan to grant
contained in PD- 2012 -36.
Councillor Wing
Councillor Thomson
Councillor Pietrangelo
Mayor Diodati
NAYE
AYE
NAYE
AYE
Councillor Kerrio
Councillor Gates
Councillor Morocco
Councillor Maves
NAYE
AYE
AYE
NAYE
Motion Defeated
ORDERED on the motion of Councillor Kerrio, seconded by Councillor Wing that
the report be referred to staff to work with the Downtown BIA on a revised loan program.
Motion Carried
with Councillor Morocco and Thomson opposed
TRANSPORTATION MATTERS
TS- 2012 -30 - WEGO Operations, Maintenance and Storage Facility Class B Cost
Estimate Update.
The report recommends that Council authorize staff to proceed, upon completion
of a Class A cost estimate, to tender a combined WEGO /Niagara Falls Transit /Go Transit
Operations, Maintenance and Storage Facility, at an upset limit of $27.6 million (includes
$5.3 million investment from the City) for the construction of a combined facility with inside
storage for 36 (includes 12 for GO Transit) buses.
Dave Schram made a powerpoint presentation outlining the WEGO Operations,
Maintenance and Storage Facility Class B Cost Estimate update.
ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco that
Council approve a combined facility with inside storage for 36 buses, finalize design and
value engineering, pre - qualify contractors, finalize the tender documents and report back
to Council.
Councillor Wing
Councillor Thomson
Councillor Pietrangelo
Councillor Morocco
AYE
AYE
NAYE
AYE
Councillor Kerrio
Councillor Gates
Councillor Maves
Mayor Diodati
NAYE
NAYE
AYE
AYE
Motion Carried
MAYOR'S REPORTS, ANNOUNCEMENTS
Mayor Diodati extended condolences to the family of the late Anthony Roved, a
retired City Employee, to Greg Faraday, a city employee on the passing of his mother
Hazel Alfreda Faraday, to Sue Patrick, a city employee on the passing of her husband,
Wayne Patrick and to Laurie Watkinson, a city employee on the passing of her mother,
Elva MacRae.
Mayor Diodati advised of recent events: Canada Day Celebrations at Optimist Park, the
25th Anniversary of Cavendish Manor, the Teddy Bear Tournament, Flippin' Crazy for Drug
Awareness, Mike Strange Box Run Welcome Home, Cytec expansion announcement,
Cycle for 011y Campaign, Niagara Falls Motorcycle Short; 3rd Annual Sick Kids Ride for
Charity and the Annual Battle of Lundy's Lane Commemorative Service.
Mayor Diodati advised of upcoming events: Fire ban updates will be posted on the
City's website, the 50th Anniversary AC Douglas Tournament, Heaters Heroes Run for
Children, Terry Fox BBQ at City Hall, Wheelchair Relay and the annual AMO Conference.
- 15 - Council Minutes
July 24, 2012
ORDERED on the motion of Councillor Gates, seconded by Councillor Pietrangelo
that the meeting go past 11:00 p.m.
Motion Carried
with Councillor Thomson opposed.
COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
1.a Victoria Centre BIA - requesting approval of their 2012 budget.
1.b Fallsview BIA - requesting approval of their 2012 budget.
1.c Lundy's Lane BIA - requesting approval of their 2012 budget.
RECOMMENDATION: For the Approval of Council.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves that
the respective BIA budgets 1a,b,c be approved.
Carried Unanimously
2. CIBC Queen Street - requesting an encroachment of a minor nature to enable an
accessible ramp into their Downtown branch.
RECOMMENDATION: For the Approval of Council.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves that
the requested be approved.
Carried Unanimously
3. Memo from City Clerk - background on the Line Fences Act and Fence Viewers.
RECOMMENDATION: For the Direction of Council.
ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco that
the committee be disbanded.
Carried Unanimously
4. NFCS Titans - requesting relief to the City's Noise By -law in relation to the 50th
Anniversary of the A.C. Douglas tournament.
RECOMMENDATION: For the Approval of Council.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Gates that
the request be approved.
Carried Unanimously
5. The Friend's of the Lundy's Lane Battlefield - request that Council endorse the
resolutions provided.
RECOMMENDATION: Council approve the resolution supporting the application for
funding through the Department of Canadian Heritage's Building Communities through Arts
and Heritage Program.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Gates that
the resolutions be approved.
Carried Unanimously
6. VIA Rail Resolutions
ORDERED on the motion of Councillor Maves, seconded by Councillor Wing that
resolutions be approved.
Carried Unanimously
- 16 - Council Minutes
July 24, 2012
REPORTS
RATIFICATION OF COMMITTEE OF THE WHOLE RECOMMENDATIONS
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Mayes that
the actions taken in the Committee of the Whole meeting, July 24, 2012 be approved.
Carried Unanimously
1) The Committee of the Whole minutes of June 26, 2012 be approved.
2) REPORTS:
a) R &C- 2012 -17
Gale Centre Update
Council approve Option A, a revolving schedule around Easter for tournament ice
allocation for the months of March and April for next five years; and
That Council endorse Option #1 for the 2012 -2013 Gale Tournament Schedule, as
follows:
April 12 -14 CHE
April 19 -21 and April 26 -28 Niagara Bauer Classic
May 3 -5 Weekend Hockey
b) R &C- 2012 -18
Pete Mancuso Naming Request
That Council approve the request to name the Gale Centre Box Office the Pete
Mancuso Box Office in recognition of Pete's thirty plus years of volunteer commitment
to youth hockey in the City of Niagara Falls.
3) NEW BUSINESS:
That staff report back on the staff costs associated with the recent clean up related
to the Marineland protests.
That staff petition the Province on proper maintenance of Highway 420.
That staff report back on proper naming recognition for various local sport notables.
RESOLUTIONS
NO. 23 - PIETRANGELO - MAVES - Therefore be it resolved that the Corporation of the
City of Niagara Falls submits the Battlefield Redevelopment Project for consideration for
the Community Infrastructure Improvement Fund (CIF)
Carried Unanimously
NO. 24 - PIETRANGELO - MAVES - Therefore be it resolved that the Corporation of the
City of Niagara Falls submits the Millennium Trail Section Three for consideration for the
Community Infrastructure Improvement Fund (CIF)
Carried Unanimously
NO. 25 - PIETRANGELO - MAVES - Therefore be it resolved that the Corporation of the
City of Niagara Falls submits the Reconstruction and Road Widening of McLeod Road
for consideration for the Community Infrastructure Improvement Fund (CIF)
Carried Unanimously
- 17 - Council Minutes
July 24, 2012
NO. 26- PIETRANGELO - MAVES - Therefore be it resolved that the Corporation of the
City of Niagara Falls submits the Prince Charles Park and Pool Redevelopment Project
for consideration for the Community Infrastructure Improvement Fund (CIF)
Carried Unanimously
NO. 27 - PIETRANGELO - MAVES - Therefore be it resolved that the Corporation of the
City of Niagara Falls request that the Regional Municipality of Niagara submit the Thorold
Stone Road extension for consideration for the Community Infrastructure Improvement
Fund (CIF)
Carried Unanimously
ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco that
a letter of congratulations to the new NRP Police Chief thanks be sent to the Niagara
Regional Police for their assistance with the Jay Cochrane walk.
Carried Unanimously
Councillor Thomson left meeting, 11:15 p.m.
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.
HR- 2012 -06 - Council Chambers. The report recommends that Council approve
option #3 and associated works for the Council Chambers renovation.
ORDERED on the motion of Councillor Mayes, seconded by Councillor Kerrio that the
report be approved.
Motion Carried
with Councillor Wing opposed
F- 2012 -31 - 2011 Development Charges. The report recommends that Council receive
and file the attached financial summaries regarding Development Charges for the 2011
fiscal year.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio that
the report be approved as recommended.
Carried Unanimously
MW- 2012 -43 - Deerfield Estates Phase 9 (River Realty) Request to Amend
Subdivision Staging. The report recommends that Council agree to amend the staging
of the Deerfield Estates Phase 9 Subdivision subject to the full payment of the
Development Charges owing in Stage 2 and the payment of additional administration fees
covering the costs of preparing the amending documents.
ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo
that the report be approved as recommended.
Carried Unanimously
CD- 2012 -08 - Adult Entertainer Hearings June 26. The report recommends that based
on the recommendation of the Adult Entertainment Appeals Committee, the decision of the
Issuer of Licences in the revocation of a licence be upheld; and
That based on the recommendation of the Adult Entertainment Appeals Committee, the
Issuer of Licences be directed to issue a conditional licence in the appeal related to the
refusal of issuance of a licence.
- 18 - Council Minutes
July 24, 2012
F- 2012 -36 - Municipal Accounts. The report recommends that Council approve the
municipal accounts totalling $20,363,183.93 for the period
June 7, 2012 to July 4, 2012.
F- 2012 -37 - Major Receivables Monthly (June). The report recommends that Council
receive the Monthly Tax Receivables report for information purposes.
L- 2012 -17 - Niagara Falls Bridge Commission Lease Agreement with the City and
Region Parts 2, 3 & 4 on Reference Plan 59R- 11659, 4300 Buttrey Street. The report
recommends that the City renew a joint Lease Extension Agreement with The Regional
Municipality of Niagara (the "Region ") and the Niagara Falls Bridge Commission (the
"Bridge Commission ") with respect to the lease of the premises located on Buttrey Street
and described as Parts 2, 3, & 4 on Reference Plan 59R- 11659, Niagara Falls (the
"Demised Premises ").
MW- 2012 -39 - 2012 Surface Treatment Program, Tender Award - Contract #2012 -08.
The report recommends the following:
1. That the Surface Treatment Contract be awarded to the lowest bidder Norjohn
Contracting & Paving Ltd. at the tendered price of $394,100.76.
2. That the Mayor and City Clerk be authorized to execute the necessary agreement.
MW- 2012 -40 - Willoughby Drive Extension Construction Development Agreement.
The report recommends the following:
1. That the City enter into a Development Agreement with the adjacent landowner, Neil
and Natalina Barratt, that would provide for the construction of Willoughby Drive north
of Detenbeck Road in accordance to the terms of the Agreement.
2. That the Mayor and Clerk be authorized to execute the necessary Development
Agreement.
MW- 2012 -41 - 2012 Asphalt Overlay Program Phase 1, 2 & 3. Tender Award -
Contract #2012 -03. The report recommends the following:
1. That City Council award the tender for the 2012 Asphalt Overlay Program Phase 1 to
Norjohn Contracting & Paving Ltd. at the tendered price of $624,459.99.
2. That City Council award the tender for the 2012 Asphalt Overlay Program Phase 2 to
Norjohn Contracting & Paving Ltd. at the tendered price of $419,249.28.
3. That City Council award the tender for the 2012 Asphalt Overlay Program Phase 3 to
Circle P Paving at the tendered price of $171,502.50.
4. That the Mayor and City Clerk be authorized to execute the necessary contract
documents.
MW- 2012 -44 - Dixon Street/Cleveland Avenue Municipal Services Improvements
Tender Award - Contract # 2012 - 212 -08. The report recommends the following:
1. The Contract be awarded to the lowest bidder Nexterra Substructures Inc. at the
tendered price of $692,898.20.
2. That the Mayor and City Clerk be authorized to execute the necessary contract
documents.
MW- 2012 -33 Authorization to Execute Contract Documents Various Municipal Works
Capital Projects. The report recommends that the Mayor and Clerk be authorized to
execute contract documents for specified Capital Works projects that have been approved
in the 2012 Capital Budget and identified by the Director of Municipal Works.
PD- 2012- 26 -TARG- 2011 -001, "Revised" Brownfield Rehabilitation Grant. Agreement -
7549 Kalar Road - 2124484 Ontario Ltd. ( Warren Woods Development) Agent:
Luciano Piccioni - RCI Consulting. The report recommends that Council approve the
- 19 - Council Minutes
July 24, 2012
"Revised" Brownfield Rehabilitation Agreement for 7549 Kalar Road and that the Mayor
and Clerk be authorized to sign the agreement.
PD- 2012 -39 - Deeming By -law Application, 4749 Buttrey Street. Applicant: Niagara
Energy Products Corp. Proposed Industrial Redevelopment. The report recommends
that Council pass the by -law appearing on tonight's agenda to deem the land lying between
Ferguson Street to the north, Buttery Street to the south, Dyson Avenue to the east, and
Victoria Avenue to the west (see Schedule 3 for the legal description), municipally known
as 4749 Buttery Street to no longer be within the registered plan of subdivision to enable
them to merge.
PD- 2012 -40 - DB- 2012 -002, Deeming By -law Application. 6935 Oakwood Drive.
Applicant: 1788615 Ontario Limited. Agent: Chris Cristelli. Proposed Industrial
Development. The report recommends that Council pass the by -law appearing on tonight's
agenda to deem Lots 10 & 11, Registered Plan 228 to no longer be within the registered
plan of subdivision to enable them to merge.
PD- 2012 -43 - Matters Arising from Municipal Heritage Committee, 2012 Designated
Property Grant Application. The report recommends that Council approve the
alteration /restoration projects and grants for the following designated properties:
(a) Earl Thomas House, 6320 Pine Grove Avenue, owners Len and Angela Inkster, for the
cost of restoration of the asphalt roof.
PD- 2012 -44 - PLC - 2012 -004, Request for Removal of Part -Lot Control, Lots 12 -15,
Part of 16, Plan 59M -251. 6310 -6346 Pinestone Road. Developer: Mountainview
Homes. The report recommends the following:
1. That Council approve the request and pass the by -law included in tonight's agenda to
designate Lots 12 -15 and Part of Lot 16 on Registered Plan 59M -251, as exempt from
Part-Lot Control.
2. That the developer be given two years to adjust the shape of the Tots and notify the City
when the separate deeds have been registered.
PD- 2012 -45 - PLC - 2012 -006, Request for Removal of Part -Lot Control Block 44, Plan
59M -251. Pinestone Road. Developer: Joe DiCosimo. The report recommends the
following:
That Council approve the request and pass the by -law included in tonight's agenda to
designate Block 44 on Registered Plan 59M -251, as exempt from Part-Lot Control.
2. That the developer be given two years to establish the Tots and notify the City when the
separate deeds have been registered.
TS- 2012 -29 - Transit Agreement with Niagara College's Student Administrative
Council. The report recommends the following:
► That Niagara Falls Transit services be provided to full -time Niagara College students
for the school year September 2012 through April 2013.
► That Niagara Falls Transit service is extended to the campuses of Niagara College.
► That the municipality enter into a one year agreement with Niagara College Student's
Administrative Council to provide the service at full cost recovery.
► That the Mayor and City Clerk be authorized to execute the necessary agreement.
ORDERED on the motion of Councillor Kerrio, seconded by Councillor Pietrangelo
that the remainder of the reports be approved as recommended.
Carried Unanimously
- 20 - Council Minutes
July 24, 2012
BY -LAWS
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Gates
that the by -laws be given a first reading.
2012 -56
2012 -57
2012 -58
Carried Unanimously
A by -law to authorize the execution of a Subdivision Agreement with
Queensway Chippawa Properties Inc. respecting Chippawa West Phase II-
Stage 1 Subdivision, subject to all conditions of the Subdivision Agreement
being met to the satisfaction of the Director of Planning, Building and
Development.
A by -law to authorize the execution of a Lease Extension Agreement with
The Regional Municipality of Niagara and the Niagara Falls Bridge
Commission, respecting the use of Parts 2, 3 & 4 on Reference Plan 59R-
11659 (Buttrey Street), for parking purposes.
A by -law to designate Part of Lot 1, Lot 2, Lot 3, Part of Lot 4, Part of Lot 5,
Lot 6, Lot 7, Lot 8, Lot 8A, Lots 26 to 43 inclusive, Lots 62 to 70 inclusive,
Registered Plan 997, Town of Niagara Falls;to be deemed not to be within
a registered plan of subdivision. (DB- 2012 -001)
2012 -59 A by -law to designate Lots 10 and 11, Registered Plan 228 to be deemed
not to be within a registered plan of subdivision. (DB- 2012 -002)
2012 -60 A by -law to amend By -law No. 79 -200 to establish new parking standards in
portions of the Clifton Hill and Fallsview Subdistricts. (AM- 2011 -002)
2012 -61 A by -law to amend By -law No. 79 -200 to exempt certain uses in the Victoria,
Clifton Hill and Fallsview Business Improvement Areas from having to
provide parking. (AM- 2011 -002)
2012 -62
2012 -63
2012 -64
A by -law to amend By -law No. 94 -212, which amended By -law No. 79 -200,
to eliminate the requirement to provide off -site parking and to replace
Schedule 1. (AM- 2011 -002)
A by -law to amend By -law No. 2010 -152, which amended By -law No. 79-
200, to guide the development of part of the Deerfield Estates Phase 10 plan
of subdivision and Block 209, Registered Plan 59M -384. (AM- 2012 -003)
A by -law to amend By -law No. 79 -200, to guide the development part of the
Deerfield Estates Phase 10 plan of subdivision on the Lands. (AM -2012-
003)
2012 -65 A by -law to designate Lots 12 to 15 and Part of Lot 16, Registered Plan 59M-
251, not be subject to part-lot control. (PLC- 2012 -004)
2012 -66 A by -law to designate Block 44, Registered Plan 59M -251, not be subject to
part-lot control, (PLC- 2012 -006)
2012 -67 A by -law to amend By -law No. 2002 -081, being a by -law to appoint City
employees, agents and third parties for the enforcement of provincial or
municipal by -laws.
2012 -68
A by -law to amend By -law No. 79 -200, to permit a tourist home (bed and
breakfast) for 4 bedrooms and an estate winery and ancillary uses on the
Lands in addition to the uses permitted in an A zone and repeal By -law No.
2004 -90, which permitted a tourist home with not more than 4 bedrooms.
(AM- 2012 -006).
2012 -69 A by -law to provide for the adoption of Amendment No. 104 to the City of
Niagara Falls Official Plan. (AM- 2012 -006).
- 21 - Council Minutes
July 24, 2012
2012 -70 A by -law to amend by -law 2011 -61, a by -law provide for citizen appointments
to certain Committees.
2012 -71 A by -law to authorize the execution of an Agreement with Neil and Natalina
Barratt to convert a part of Willoughby Drive to an Improved Street.
2012 -72 A by -law to authorize the execution of an Agreement with Niagara College
Student Administrative Council Inc. to provide Niagara Transit Services for
the 2012 -2013 school year.
2012 -73 A by -law to authorize the payment of $20,363,183.93 for General Purposes.
2012 -74 A by -law to adopt, ratify and confirm the actions of City Council at its meeting
held on the 24th day of July, 2012.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Gates
that the by -laws be read a second and third time and passed.
NEW BUSINESS
Tender Process
Carried Unanimously
ORDERED on the motion of Councillor Kerrio, seconded by Councillor Maves that
staff report back on possible delegated authority related to approval of budgeted projects
that have been tendered.
Carried Unanimously
ORDERED on the motion of Councillor Maves, seconded by Councillor Kerrio that
the meeting be adjourned at 11:35 p.m.
Carried Unanimously
DE N IORFID CITY CLERK
JAMES M. DIODATI, AYOR