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2015/04/14 CITY OF :CANADA tilACARA CAP- The City of Niagara Falls, Ontario Resolution No. Moved by Seconded by WHEREAS all meetings of Council are to be open to the public; and WHEREAS the only time a meeting or part of a meeting may be closed to the public if the subject matter falls under one of the exceptions under s. 239(2) of the Municipal Act, 2001; and THEREFORE BE IT RESOLVED THAT on April 14, 2015 at 4:30 p.m., Niagara Falls Council will go into a closed meeting, prior to their regularly scheduled meeting at 5:00 p.m. to consider a matter that falls under the subject matter of 239(f), advice that is subject to solicitor-client, and 239(e), potential litigation, related to the Ontario Municipal Board hearing regarding Official Plan Amendment No. 106 Northwest Quadrant Urban Boundary Expansion. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA JAMES M. DIODATI CITY CLERK MAYOR Niagaraa11s ✓ C� .A N .-% D ., COUNCIL MEETING April 14, 2015 PRAYER/INVOCATION: Councillor Thomson ADOPTION OF MINUTES: Council Minutes of March 24, 2015 DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time * * * * * Overnight Parking Request System Online The Manager of Parking Services will do a presentation on the Overnight Parking Request system. BUDGET MATTERS The Director of Finance will provide an update on the Operating Budget. * * * * * MAYOR'S REPORTS, ANNOUNCEMENTS * * * * * COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Minister Responsible for Seniors Affairs - requesting that the month of June be proclaimed as "Seniors' Month" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council. 2. Niagara Peninsula Energy Inc. - requesting that the month of June be proclaimed as "National Electricity Month" and that the commemorative flag be flown for the month. RECOMMENDATION: For the Approval of Council. - 2 - 3. Kerr-Boom Pyrotechnics - requesting a fireworks display in association with a wedding at Legends on the Niagara on Saturday, April 18th RECOMMENDATION: For the Approval of Council, subject to insurance requirements. 4. Royal Canadian Legion A.C.McCallum Memorial Branch 479-requesting waiver of fees related to a parade associated with the 49' Biennial Convention of the Ontario Provincial Command and related parade route On May9th RECOMMENDATION: That staff be directed to continue to work with the Legion and affected BIA's. 5. Niagara Falls Tourism - requesting that Council reconsider their decision to defer a decision on funding related to the "Matched Destination Marketing Fund". NOTE: Council would have to pass a reconsideration motion to deal with the item. RECOMMENDATION: For the Consideration of Council 6. Memo from the City Clerk - regarding the Council member appointments. RECOMMENDATION: For the Decision of Council Additional items for Council's Consideration: the City Clerk will advise of any items for council consideration. * * * * * PRESENTATIONS 6:30 P.M. Long-time Committee Volunteers Council will recognize long-time committee volunteers Carm Dix (Niagara Falls Public Library), Karen Fraser (Arts & Culture Committee), Sam LaRosa (Property Standards Committee), Jack Collinson and Chuck Antonio (Committee of Adjustment). * * * * * - 3 - PLANNING MATTERS 7:00 P.M. l Public Meeting 26T-11-2015-001 & AM-2015-001 Warren Woods Estates Phase 3 Stage 3 Draft Plan of Subdivision and Zoning By-law Amendment Application 7913 Kalar Road Owner: 1340258 Ontario Inc. (Robert O'Dell - Managing Partner) Agent: Upper Canada Consulting (Jennifer Vida) Background Material: Recommendation Report: PBD-2015-15 -AND- Correspondence from Michael Leung Correspondence from Wen Hua Liang * * * * * Public Meeting AM-2014-011, Official Plan and Zoning By-law Amendment Application 5359 River Road Applicant: 1907782 Ontario Inc. (John Pinter) Agent: Michael Allen, ACK Architects Proposal: Proposed Inn Background Material: Recommendation Report: PBD-2015-14 * * * * * RATIFICATION OF "IN CAMERA" MATTERS * * * * * BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by- law listed for Council consideration. 2015-37 A by-law to designate Lots 28 and 29, Plan 29, now known as Plan 294, to be deemed not to be within a registered plan of subdivision for the purpose of subsection 50(3) of the Planning Act, R.S.O. 1990 (DB-2015-002). 2015-38 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Stop Signs at Intersections, Yield Signs at Intersections). - 4 - 2015-39 A by-law to hereby authorize the execution of an amending agreement related to a Contribution Agreement, under the Cenotaph Restoration Program, between Her Majesty the Queen in right of Canada, as represented by the Minister of Veteran Affairs and the City of Niagara Falls. 2015-40 A by-law to delegate all the powers and duties granted or vested in the Head of the Municipal Corporation for the purposes of the Municipal Freedom of Information and Protection of Privacy Act. 2015-41 A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 14th day of April, 2015. * * * * * NEW BUSINESS Minister Ministre delegue Responsible for aux Affaires des Seniors Affairs personnes agees 6th Floor 6e etage 400 University Avenue 400,avenue University Toronto ON M7A 2R9 Toronto ON M7A 2R9 Ontario Tel.:(416)314-9710 Tel.: (416)314-9710 Fax: (416)325-4787 Telec.:(416)325-4787 March 17, 2015 Dear Mayor or Reeve, In advance of Seniors' Month I am writing to encourage you to proclaim June as Seniors' Month in your community. June marks the 31st anniversary of Seniors' Month in Ontario. To recognize the important achievements we have made together, and the important role seniors play in our communities, this year's Seniors' Month theme is "Vibrant Seniors, Vibrant Communities." We will be sending you promotional materials for Seniors' Month soon and have attached a sample proclamation for your consideration. I would also like to encourage you to work with your MPP(s) to host Seniors' Month events in your community. Please contact us at infoseniors(a ontario.ca if you would like to post any events you are planning on the Ontario Seniors' Secretariat website (Ontario.ca seniors). Seniors' Month presents a great opportunity to promote the Senior of the Year Award, which is awarded each year by the Government of Ontario through municipalities. I hope to visit a number of participating municipalities over the course of Seniors' Month to recognize the achievements of local seniors. We also recently celebrated the second anniversary of Ontario's Action Plan for Seniors, a plan that focuses on active aging and improved safety and security for seniors. We've made many strides including expanding the "Finding Your Way Program," in partnership with the Alzheimer Society of Ontario to better reach Ontario's diverse and growing seniors population. The program will offer"safety kits", in four new languages: Arabic, Tagalog, Tamil and Urdu. This builds on the current languages available: English, French, Cantonese, Mandarin and Punjabi, Italian, Spanish and Portuguese. The safety kits are available for download at r`tndingyourAu.ontario.ca For more information on these programs and other supports for seniors, you can visit Ontario,ca seniors. Thank you, ()V" Ja.144-4r. Mario Sergio Minister Enclosure Seniors' Month Proclamation Seniors' Month June 1 - 30, 2015 WHEREAS Seniors'Month is an annual province-wide celebration; WHEREAS seniors have contributed and continue to contribute immensely to the life and vibrancy of this community; WHEREAS seniors continue to serve as leaders, mentors, volunteers and important and active members of this community; WHEREAS their contributions past and present warrant appreciation and recognition and their stories deserve to be told; WHEREAS the health and well-being of seniors is in the interest of all and further adds to the health and well-being of the community; WHEREAS the knowledge and experience seniors pass on to us continues to benefit all; I, Mayor , do hereby proclaim June 1-30, 2015 Seniors' Month in and encourage all citizens to recognize and celebrate the accomplishments of our seniors. Dated in the Mayor's Office on this day of , 2015. Mayor Dean Iorfida From: Sue Forcier <sue.forcier@npei.ca> Sent: Tuesday, March 31, 2015 10:51 AM To: Dean Iorfida Subject: Flag Raising Good Morning Dean: June is National Electricity Month and as NPEI is celebrating their 100th Anniversary, we would like to request our commemorative flag be flown in the month of June. I appreciate your assistance with this request. Kind Regards, Sue Forcier Manager of Communications, Marketing & Public Affairs <ERR-BOOM PYROTECNICS 64924187 CANADA CORPORATION April 5 2015 Dean iodic- City of Niagara Falls Director of Council Service and city Clerk 4310 Queen Street Clerks Office Niagara Falls ON, 1.2E 6X5 Dear Mr.lorfida We have been contracted to execute a fireworks display for a wedding at Legends on the Niagara on Saturday April 18 2015 .We would like to make this request for the purpose c- setting up and firing this display. Kerr-Boom Pyrotechnics will be responsible for obtaining all permits through the Niagara Falls Fire Department and will also insure the City of Niagara Falls for 5 million dollars liability. (Copy attached) If you require any further information, please do not hesitate to contact me at 905 327-1161. Respectfully Yours Chris Ker.- CEO cerCEO KERR-BOOM PYROTECNICS 77 PINE ST S. THOROLD ON. CANADA CLERKS DEPARTMENT Inter-Departmental Memo To: Mayor James M. Diodati & Members of Council From: Dean lorfida, City Clerk Date: April 14, 2015 Re: Royal Canadian Legion 479 Biennial Convention Parade Royal Canadian Legion 479 has requested a grant equal to waiver of fees associated with a parade proposed in conjunction with a convention they are hosting in the City. The Legion also wants their preferred parade route approved. As per our practice and protocol, Transportation staff has convened meetings with the Legion, Police and related stakeholders. Input has been sought from the associated BIA's. Objections from the Main & Ferry BIA seem to have been resolved. The Fallsview BIA has not yet formally responded. Staff has also proposed alternative routes that may not be objected to by BIA's and reduce costs (need for barricades etc.). Based on the fact that there is a meeting scheduled for April 16th, the route has not been finalized and the Fallsview BIA is still to respond, it would be premature for Council to make a decision on April 14th RECOMMENDATION: That staff be directed to continue to work with the Legion and affected BIA's and come back with an update at the April 28th meeting. A Great City ... For Generations To Come THE ROYAL CANADIAN LEGION A. C. MCCALLUM MEMORIAL BRANCH 479 „tit.) 5603 SPRING STREET, NIAGARA FALLS, ONTARIO L2G 1 P7 TEL 905-354-4331 FAX 905-354-3753 Clerk's Office April 4, 2015 City Hall 4310 Queen St. Niagara Falls, ON L2E 6X5 To whom it may concern; The 49th Biennial Convention of the Ontario Provincial Command of the Royal Canadian Legion will take place at the Scotiabank Convention Center from May 9th to the 13Th. Permission is requested to hold a parade to proceed from Legion Branch 479 at 5603 Spring St.,through the Cash and Carry parking Lot at Main St.,then south easterly along Main to the junction of Stanley Ave., and then south and east on Stanley to the convention center. The parade will start at 2 pm and will take approximately 45 minutes. Our opening ceremonies will commence at 3 pm at the convention center. We have filled out an application and filed it with Mathew Bilodeau and have had meetings with the region, police dept. and transit on this matter. The Main and Ferrie BIA were notified as was the Fallsview BIA. We have spoken with one person who raised an objection on Main and Ferrie BIA and have had that objection removed.This was Angela at the Regal Cafe. The other person, a florist was not available and it appears that their business is closed at this time. Should you require any more forms to be filled out or any more information on this matter, please do not hesitate to contact me at 905-380-3874. In addition, you can e mail met at jdc5542@gmail.com. We would like to appear before council on this matter at the next (April) council meeting and would appreciate 5 minutes of their time at the beginning of the meeting. Yours in comradeship and service. Diane Condon Zone B-5 Commander Convention Chair They served till death! Why not we?" THE ROYAL CANADIAN LEGION A. C. MCCALLUM MEMORIAL BRANCH 479 5803 SPRING STREET, NIAGARA FALLS, ONTARIO L2G 1 P7 TEL 905-354-4331 FAX 905-354-3753 City of Niagara Falls April 4, 2015 4310 Queen St., P.O. Box 1023 Niagara Falls, ON, L2E 6X5 To Mayor Diodati and City Council This letter is a request that any and all fees and charges associated with road closure and City assistance for our upcoming 49th Biennial Ontario Provincial Command Parade to be held on May 10th, 2015 be waived. As you know, the Royal Canadian Legion is a not for profit organization, which has contributed many thousands of dollars to our local community and the charities contained in Niagara. We currently support a number of youth, seniors and veterans organizations as well as other charitable organizations within our city and will continue to maintain these endeavours in the years to come. It is our belief that you must give back to those who have supported you. This is the first time a convention of this size has been given to us and it was done because we now have a convention center capable of holding the number of delegates attending. We anticipate 800 delegates and observers as well as those spouses travelling with them. We will parade from our location at 5603 Spring St., through the Cash and Carry parking lot at Main, South and East on Main to the junction with Stanley Ave., and continue South and East on Stanley to the Convention Center. The parade itself should take under an hour from start to finish. We will start at 2 pm and will be opening our convention at the convention center at 3 pm. Due to our past history as good citizens of Niagara and our continuing contributions to our City, we respectfully ask that all fees and charges associated with our parade be waived. Should you require any further information, please do not hesitate to contact me directly at 905-380-3874. As always, we are at your service. "They served till death! Why not we?" Mayor Diodati and Council Page 2 Yours in Comradeship and Service , r Diane Condon Zone 6-5 Commander Convention Chair Dean Iorfida From: Mathew Bilodeau Sent: Thursday, April 09, 2015 10:24 AM To: Dean Iorfida Cc: Marzenna Carrick; Karl Dren Subject: RE: April 14th Council - Legion Attachments: RE: Royal Canadian Legion Parade - BIA CONSENT; RE: Royal Canadian Legion Parade - BIA CONSENT; Legion Parade_Road Closure Plan.pdf; Proposed Parade Route.pdf Dean, The Legions preferred parade route from Branch 479 to the Scotiabank Convention Centre (via Main Street and Stanley Avenue) did not receive the support of the Main & Ferry BIA.The Fallsview BIA decision is with their Board, but they indicated we may want to start considering other routes if possible. I have attached their emails for reference. Going forward, I have scheduled a meeting on April 16th from 1-3PM with the Legion, BIAS, Region and NRP with the intent to move forward with a feasible route, which is acceptable to all parties involved. Below is some background information regarding this event: For the safety of the parade participants and the general public a full road closure on Stanley Avenue is requirement of the Niagara Region and preferred by the Niagara Regional Police. Stanley Avenue will be closed from Murray Street to Livingstone Street. Additionally, the City is requiring a full road closure on Main Street from Summer Street to Stanley Avenue. This is due to the number of driveways and access points along the proposed section. We do not want any vehicles turning into or through the parade procession. It is anticipated the roads will be closed for approximately 3 hours (1pm-4pm) will allow for the traffic control installation, parade procession and traffic control removal. I have attached a map with all the required road closured. The estimated cost of the road closures is in the range of$1000-$2000, dependant on the final route. Other items to consider with the proposed route: • Both Stanley Avenue and Main Street are major thoroughfares for Niagara Falls Transit. Main Street is a transfer point for multiple routes. • The proposed route is 2.2 km in length which is quite long in comparison to other parade routes (i.e Canada Day/ Santa Claus Parade is 1.2 km). • Logistical concerns for closing major intersections along Main Street and Stanley Avenue. • Diversion of traffic off Stanley Avenue onto City roads (i.e. Livingstone Street/ Fallsview Boulevard). • Sunday, May 10th is Mother's Day. To date - I have proposed two alternate routes to the Legion, both of which were not favourable to them: • the first was in the vicinity of their Branch on Spring Street and utilized Portage Road, Summer Street Lowell Avenue, North Street and Temperance Avenue (map Attached); and • the second was along Queen Street in vicinity of City Hall. Lastly, the parade will include the following: • 300+ participants walking in the parade. • 20 Military vehicles, carrying dignitaries and those unable to walk the route. • 2 drum bands. • 2 pipe bands. 1 • 1 saluting station located midway along the route. Exact location to be determined. • St. Johns Ambulance providing medical support. Please let me know if you require any further details. Regards, -Mathew. Mathew Bilodeau, C.E.T. Tel: (905) 356-7521, ext 5202 mbilodeau@niagarafalls.ca From: Dean Iorfida Sent: Thursday, April 09, 2015 9:23 AM To: Mathew Bilodeau Cc: Marzenna Carrick; Karl Dren Subject: RE: April 14th Council - Legion Hi Matthew: Yes, I was going to be making contact with you this a.m. as I prepare to finalize the agenda. I will be listing this as a Communication, not a Deputation. Where are we at on this matter? Has the route and costs been finalized? Please provide any information that would be helpful in Council making their decision. Thanks Dean From: Mathew Bilodeau Sent: Thursday, April 09, 2015 9:08 AM To: Dean Iorfida Subject: April 14th Council - Legion Hi Dean, Can you please let me know if Dianne Condon from the Legion has requested to speaking at Council on April 14th? Thanks, -Mathew I have moved to a new building, I am no longer located at the MacBain Centre office on Montrose Road. My phone number, extension and email are the same, however my fax number has changed. My new contact information is listed below. Mathew Bilodeau, C.E.T. Traffic Technologist Transportation Services 2 Dean Iorfida From: Sue McDowell <suemcdowell@fallsviewboulevard.com> Sent: Wednesday, April 08, 2015 10:58 PM To: Mathew Bilodeau; ruthann@pattersonfuneralhome.com Cc: Marzenna Carrick; 'Bill Harris'; 'Mark Slade' Subject: RE: Royal Canadian Legion Parade - BIA CONSENT A heads up... you may want to start considering other routes if possible. In looking at the map more carefully... this cuts access off to some of our largest hotels in addition to the properties on Stanley. Embassy, 4 points & Marriott Fallsview will not be able to access parking lots which are off site. Sue McDowell Executive Director Fallsview B.I.A. FALLSVIEW BOULEVARD P.O. Box 655 Niagara Falls, Ontario L2G 6V5 Cell: 905 348 4880 Tel: 905 358 7137 Fax; 905 358 5891 Visit us at www.fallsviewboulevard.com us on It happens on the Boulevard! From:Sue McDowell [mailto:suemcdowell@fallsviewboulevard.com] Sent: April-08-15 10:25 PM To: 'Mathew Bilodeau'; 'ruthann@pattersonfuneralhome.com' Cc: 'Marzenna Carrick'; 'Bill Harris (Bill.Harris@niagarapolice.ca)'; 'Mark Slade (Mark.Slade@niagararegion.ca)' Subject: RE: Royal Canadian Legion Parade- BIA CONSENT Thanx Mathew. I will have to send it thru to the BIA board. Sue McDowell E_cecuti')e D;re;'ror Fallsview B.I.A. FALLSVIEW BOULEVARD P.O. Box 655 Niagara Falls, Ontario L2G 6V5 Cc/.1 901 348 4'880 Ti2. 905 358 '13' Fax, 901 358 5891 1 Dean Iorfida From: Ruth-Ann Nieuwesteeg <ruthann@pattersonfuneralhome.com> Sent: Tuesday, April 07, 2015 4:40 PM To: Mathew Bilodeau Subject: RE: Royal Canadian Legion Parade - BIA CONSENT Hi Mathew I spoke with Diane Condon last week to let her know that the route does not work for our business members and mentioned that she would forward the information to you. Since the parade falls on Mother's Day, we have a florist and restaurant that rely on that day for their business. Thank you for your understanding in this matter Regards Ruth-Ann From: Mathew Bilodeau [mailto:mbilodeau@niagarafalls.ca] Sent: April-07-15 4:17 PM To: ruthann@pattersonfuneralhome.com; Sue McDowell (suemcdowell@fallsviewboulevard.com) Cc: Marzenna Carrick; Mathew Bilodeau Subject: RE: Royal Canadian Legion Parade - BIA CONSENT Hello Ruthann and Sue, Please let me know if either BIA has any comments or concerns with the proposed parade routing and required road closures (map attached)? Your input is appreciated. I am available to discuss the details of this event at your convenience. Regards, -Mathew Mathew Bilodeau, C.E.T. Tel: (905) 356-7521, ext 5202 mbilodeau@niagarafalls.ca From: Mathew Bilodeau Sent: Friday, March 27, 2015 4:23 PM To: ruthann@pattersonfuneralhome.com; Sue McDowell (suemcdowell©fallsviewboulevard.com) Cc: Marzenna Carrick; Mathew Bilodeau Subject: Royal Canadian Legion Parade - BIA CONSENT Hello Ruthann and Sue, The Royal Canadian Legion is planning a parade on Sunday May 10, 2015 from 2-3:13pm.The parade route will be from their Branch on Spring Street to the Scotia Bank Convention Centre (Map Attached). To facilitate the parade the City will be conducting a full road closure of Main Street from Summer Street to Stanley Avenue. The Region will be conducting a full road closure of Stanley Avenue from Murray Street to Livingstone Street. Niagara Regional Police will be located along the route at key locations.The duration of the road closures will be in effect from 1pm to 4pm. The parade will include the following: • 300+ participants walking in the parade. • 20 Military vehicles, carrying dignitaries and those unable to walk the route. • 2 drum bands. • 2 pipe bands. • 1 saluting station located midway along the route. Exact location to be determined. • St. Johns Ambulance providing medical support. The approval of the parade is conditional on the consent both BIA's. Please let me know if you have any questions or require additional information. Thanks, -Mathew Mathew Bilodeau, C.E.T. Traffic Technologist Transportation Services City of Niagara Falls 8208 Heartland Forest Road Niagara Falls, ON L2H OL7 Tel: (905) 356-7521, ext 5202 Fax: (905) 356-5576 mbilodeau@niagarafalls.ca 2 e a ♦•MMER Sr . 9 0.. 1 t 3 �.�$MING 9!m, SPRING ST !SPRING ST < 1 z 2? v ,L i < FERRY ST FERRY ST FERRY ST < LUNDY'S IN P ERR;'ST FERRY ST S IN LUNDY S IN 4 IE 4Am -4 To 73 4r 0 * D CI A lit !+EER ST PEER LN i` PEER 5Y BARKER ST3 z 0 s� T. permitted cuLP s ROBINSON ST ROBINSON ST Traffic will be per t northbound on Stanley cuwszpsr cuLvs► `` Avenue from Main Street/ %VDixon Dixon Street. DELAWARE ST DELAWARE S ``. z g I Sr .` )4 ...::....... SYMMES STSYMMES ST S`IMMES Si N.. 4,7,< MURRAY 5 P P 5r P R, MURRAY ST MURRAY ST P MURRAY ST MURRAY ST � �Z I i rA • D • oixoi4 LEGENDDIXON ST r' ——' PROPOSED ROUTE m • A D v ' ROUTE DIRECTION 4 y • pUNN ST P a 5T DUNK 5T OUNN ST ' POLICE DUNN ST �� • G z •• ROAD CLOSURE1 t NIAGARA REGION • P ; o. JURISDICTION 'p ' Y a a l -o a - ROYAL CANADIAN LEGION — BI-ENNIAL PARADE. /,.1-____: $40/74! / MAY 10, 2015 - 2:OOPMTO3:15PM \ia ara 'tillsNORTH + ,� ROAD CLOSURES FROM 1:00PM TO 4:00PM a%MP= 3 r v= ;--''7 G= _p`m 3 ®ll�1 _u3ID>33c e1 ?-:'-'' =ao.eo4g t: -7'r:'i 47:1::.''."I' a.:€�nper90Ac`.:: i.' : g rz rS3gssss&• 4 _s im ''';'.'6' 1 xr, L. v-,c x -, {s \ri-t, o ' m _ T E , tr HyA7U ax ® F r ez e aO to r HL '4 in g C E r-, z In ti v; z z szz Z r z z a z a z : Q • r v :71., L aZ Z '.t; C a 7 Dean Iorfida From: Mathew Bilodeau Sent: Thursday, April 09, 2015 12:04 PM To: Cc: Marzenna Carrick; Dean Iorfida; Mathew Bilodeau Subject: Royal Canadian Legion Parade - Next Steps Good Morning Diane, Thank you for returning my call, it was nice speaking to you this morning. As we discussed, your preferred parade route from Branch 479 to the Scotiabank Convention Centre did not receive the support of the Main & Ferry BIA. The Fallsview BIA decision is currently with their Board, but they indicated we may want to start considering other routes if possible. With the intent to move forward with a feasible route, which is acceptable to all parties involved—I am proposing we have meeting with everyone to finalize a parade route for the Royal Canadian Legion. I have scheduled a meeting on Thursday,April 16`h from 1-3PM, for which you have received a meeting invitation. In the meantime, please explore other potential routes to discuss at the meeting, and I will do the same. Please feel free to contact me if you have any questions or concerns. Best regards, -Mathew Mathew Bilodeau, C.E.T. Traffic Technologist Transportation Services City of Niagara Falls 8208 Heartland Forest Road Niagara Falls, ON L2H OL7 Tel: (905) 356-7521, ext 5202 Fax: (905) 356-5576 mbilodeau@niagarafalls.ca 1 CLERKS DEPARTMENT Inter-Departmental Memo To: Mayor James M. Diodati & Members of Council From: Dean lorfida, City Clerk Date: April 14, 2015 Re: Niagara Falls Tourism Request At the last Council meeting, in consideration of F-2015-13 — Niagara Falls Tourism Requests, Council passed a motion to: That the funding request be deferred to be considered with the remaining OLG funding. As Council is aware, the report related to the OLG funds is not anticipated until May. Niagara Falls Tourism's letter indicates that deferring consideration of their request until that time will be too late. For Council would have to pass a Reconsideration Motion to debate the matter and relatedly consider the request. Regarding Reconsiderations: Roberts Rules of Order provides a succinct description and benchmark for when a reconsideration motion is appropriate: The purpose of reconsidering a vote is to permit correction of hasty, ill- advised, or erroneous action, or to take into account added information or a changed situation that has developed since the taking of the vote. Council should contemplate a reconsideration based on the above principles, not because of pressure from proponents or parties affected. The original report is attached. A Great City ... For Generations To Come 40 NIAGARA FALLS TO Ji JISM April 8, 2015 Mayor Jim Diodati City of Niagara Falls 4310 Queen St. P.O. Box 1023 Niagara Falls, ON L2E 6X5 Dear Mayor Diodati and Niagara Falls City Councillors Following the deferment, at the March 24th Council Meeting, of the Niagara Falls Tourism (NFT) "Matched Destination Marketing Fund" we would like to kindly ask that you reconsider the deferral motion at the forthcoming Council Meeting scheduled for April 14th, 2015. The timing is critical in order to leverage on the peak season for this consumer campaign. Our other partners which include the Tourism Partnership of Niagara and the Ontario Tourism Marketing Partnership Program have approved their financial support, in part, based on your anticipated participation. As such, we would very much appreciate if you could confirm that this item - NFT$300,000 funding request-will be tabled at the meeting and we will ensure that Niagara Falls Tourism representatives are on hand for any questions or discussion in order to afford you the opportunity to make an informed decision. Thank you in advance for your kind consideration of this request. Warm regards, it 'Catherine McNabb Executive Director Wayne Thomson Chair Robert Orsini Vice Chair DoubleTree Fallsview Resort A' L_ TOUR SN/1 Rick Dritsacos Treasurer Victoria Centre BIA Helias Enterprises Letitia DiBellonia Secretary Americana Resort and Spa Anna DiCienzo Clifton Hill BIA Canadian Niagara Hotels Anthony Annuniziata Fallsview BIA Marriott Fallsview and & Gateway Hotesl David Adames Niagara Parks Commission Greg Medulun Fallsview Casino Resort Lee Carr Hornblower Niagara Cruises NIAGARA PALLS TOURISM April $'h, 2015 Mayor jim Diodati City of Niagara Falls 4310 Queen St. P.O. Box 1023 Niagara Falls, ON L2E 6X5 Dear Mayor& City Councillors RE: DESTINATION MARKETING CAMPAIGN FOR 2015 URGENT REQUEST Honourable Mayor and City Councillors, Niagara Falls Tourism respectfully requests a reconsideration of the deferral motion of our 2015 Spring/Summer marketing campaign for the following reasons: Matched Funding Will be jeopardized Our industry partners,the Tourism Partnership of Niagara and the Ontario Tourism Marketing Partnership Program have approved their matched financial support based on your participation. If we cannot confirm the spring/summer campaign funding has been secured and in place as soon as possible our funding sponsors may have to move on to other projects. Premium Advertisement Placement Forfeited Finally, our launch of the spring/summer portion of the campaign starts the beginning of June, should Niagara Falls Tourism not be able to finalize the media buy by the end of April with our advertising channels, we will have to forfeit our'preferred'positioning on these platforms to other advertisers. Thank you for your consideration of this request. Sincerely, / tic' \) Toni Williams Director, Operations & Consumer Marketing ONTARIO a ,uts ,jax'et, An Agency of the Government of Ontario April 9, 2015 Mayor Jim Diodati City of Niagara Falls 4310 Queen Street, P.O. Box 1023, Niagara Falls, ON L2E 6X5 Honourable Mayor Diodati, RE: 2015 TRAVEL CHANNEL SUMMER CAMPAIGN Thanks again for your input and insight at the Festivals and Events Ontario gala dinner. I thought you should know that Niagara Falls Tourism has submitted an application with Ontario Tourism Marketing Partnership Corporation (OTMPC) for the 2015 Tourism Industry Partners Program (TIPP) to secure a grant to support the above campaign. The OTMPC assists in marketing campaigns that target priority out-of-province markets. The objective of the program is to fund targeted innovative programs and marketing tactics that directly generate awareness, interest and tourism revenues. The program will provide funding of up to $200,000 with OTMPC contributing 40%of the out-of-province marketing costs in partnership with Niagara Falls Tourism and its consortia. The consortia are currently eligible far$120,000 which has already been approved by the Minister's office with the condition that OTMPC receives letters indicating financial support from all of the partners. OTMPC is awaiting a letter from the City of Niagara Falls confirming support in order to complete the application, and to provide the requested funding. OTMPC is currently accepting applications for fall/winter campaigns, and we have limited remaining funds to apply to the next round of applicants. Niagara Falls Tourism and its consortia are great partners with a strong campaign. We do encourage a response at your earliest convenience. Yours Sincerely, Ronald Holgerson President and CEO c: Nicole Papineau, Partnership Development and Sales Manager, OTMPC 10 11,1.1(1 5trr.c,t rra, Suit .900 . Toronto, Qrn r:in, Cin.td,t MTh 2A . 1.888.:,63.4422 . 416,314.b;14 . 41n.3I4.6976 F-2015-13 iNiagaraaalls March 24, 2015 REPORT TO: Mayor James M. Diodati and Members of Municipal Council THIS MATTER DEFERRED BY COUNCIL SUBMITTED BY: Finance SUBJECT: F-2015-13 Niagara Falls Tourism Request RECOMMENDATION That Council approve the funding request. EXECUTIVE SUMMARY In 2013, the City's contribution agreement with Ontario Lottery and Gaming Corporation (OLG) was revised to provide additional funding to the host municipality. At the time that the municipality received this funding, staff recommended a number of uses for the funds. While the bulk of the expenditure commitments were for infrastructure reinvestments, tax levy subsidy and contract for policing, Council agreed that investment into economic development initiatives were important. In 2014, Council approved a funding commitment towards a Destination Marketing Campaign conducted by Niagara Falls Tourism. In 2014, the City contributed $250,000 towards the program in partnership with Niagara Falls Tourism and the Ontario Tourism Marketing Partnership. The request for the City is $300,000 this year. Staff believe this is an investment consistent with staff's original recommendation for economic development initiatives regarding use of the OLG reserve fund BACKGROUND The City of Niagara Falls has a request from Niagara Falls Tourism for funding support. This request relates to a partnership opportunity for a destination marketing campaign. Attached is a letter from Niagara Falls Tourism requesting the 2015 funding amount an outlining the 2014 program results. In spring 2013, the City entered into a Revised Contribution Agreement with Ontario Lottery and Gaming Corporation (OLG) for hosting the City's two casinos. As Council is aware, the City has received $21 .3 million during the first year of the new agreement After nine months into the second year of the agreement, the City is slightly ahead of last year's figure. Staff have advised that it would be prudent to utilize some of the OLG funds for economic development opportunities. The justification for these investments is based on 2 F-2015-13 March 24, 2015 the fact that the City's annual revenue from the Contribution Agreement is determined by revenues generated in the casinos. This funding partnership is an opportunity to invest in a program designed to attract more visitors to the City in general which will have a positive impact on casino visits. As a result staff believe the City should participate in promotional activities that will attract additional visitors to the municipality in the hopes of increasing revenues at the casino. ANALYSIS/RATIONALE The 2014 program as identified in the letter from Niagara Fails Tourism was successful. The partnership is the same as 2014, with the City, Niagara Falls Tourism and the Ontario Tourism Marketing Partnership all participating this year. The required funding for the City has increased from $250,000 to $300,000 while the funding by Niagara Falls Tourism increased to $400,000 and the province is contributing $100,000. The City is proposing to use the OLG contribution agreement for its share as part of the economic development initiatives. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The Contribution Agreement with OLG has provided funding opportunities for a variety of municipal initiatives. This request is consistent with the Economic Development Initiatives section. Since the requests appear to meet these requirements and result in matching funds from industry partners and other levels of government, staff recommend that the request be considered. LIST OF ATTACHMENTS Letter from Niagara Falls Tourism — Destination Marketing Campaign for 2015 r Recommended by: . Todd Harrison, Direc or of Finance Respectfully submitted: Ken Todd, Chief Administrative Officer li :I v1arch 13'i', 2.015 Serge Felicetti Director Business Development City of Niagara Falls 4310 Queen St. P.O, Box 1023 N:agara Falls, ON L2E 6X5 Dear Serge: RE: DESTINATION MARKETING CAMPAIGN FOR 2015 Last year the City of Niagara Falls partnered witn Niagara Falls Tourism, the Tourism Partnership of Niagara and the Ontario Tourism Marketing Partnership to create a destination marketing campaign that ran from May to August and then again in November and December of 2014. The marketing campaign was 100%digital enabling great tracking capabilities. We focused on our major segments couples and family fun. Our focus was to convert traffic to our booking engine or to direct bookings directly to our members through banner ads or member links. The total budgeted value of the campaign was $715,00 with the following goals: GOALS 1. Increase destination brand awareness to U.S. market 2. inform the consumer about new products 3. Increase U.S. visitation to the NiagaraFailsTourisrn.com website 4. Increase overnight/length of stay 5. Increase average spend 6. Increase incoming revenue to the destination CAMPAIGN CHANNELS We created contests, banner ads and editorial to advertise on tne following channels: 1. The Travel Channel 2. Trip Advisor 3. AOL Media C channels examples are: Yahoo Travel, Huffington Post Travel, MapQuest) 4. Expedia 5. Travelocity 6. Saveur and Family Vacation Critic 7. Say Media CONSUMER DEMOGRAPHIC 1. Lives in the United States 2. Income 65k+ 3. Ages 34-65 4. Highly likely to have a passport 5. Tech Savvy 6. Has booked a trip online in the past 3 years CAMPAIGN RESULTS Increase destination brand awareness to U.S. market 2, Inform the consumer about new products Fallsview Casino Resort, Hornblower, Niagara Parks, Niagara Falls Attractions 3. Increase U.S. visitation to the NiagaraFallsTourism.com website 4. Increase overnight/length of stay 1.2 days to 2.2 days = Occupancy ' in the Summer Occupancy in the Winter 5. Increase average spend Average summer spend from $550.00 to $703.00 = Average winter spend $397 to $581 = 6. Increase incoming revenue to the destination dollars direct/indirect spend dollars direct/indirect spend The 2014 marketing campaign was such a success that we are pulling together the same partners to market the destination during the summer and winter for 2015. MATCHING FUNDS REQUEST This year Niagara Falls Tourisrr partners will coming fo^vrard witn a S40D,000 spend towares a marketing campaign in 2015. We respectfully request 5300,000 in matcring funds `rang the City or in order to market and ensure tourism growth for the destination, Sincerely, Toni Williams Director, Operations& Consumer Marketing Dean Iorfida From: Dean Iorfida Sent: Tuesday, March 31, 2015 3:12 PM To: CouncilMembers Cc: Carey Campbell; Ken Todd; Teresa Fabbro; Bill Matson Subject: Council Appointment Selections Attachments: Councilselections2015.pdf Based on the questionnaires, please find attached the composite Council selections for appointments. A few areas of duplication that need to be resolved: Niagara Falls Illumination Board -Councillor Morocco, Councillor Strange and Councillor Thomson have expressed interest. There is only one position available. If the Councillors cannot work out something amicably amongst themselves, we will have a vote at the April 14th meeting. Convention Centre Board—Councillor Craitor and Councillor Thomson have expressed interest. There is only one position available. If the Councillors cannot work out something amicably amongst themselves, we will have a vote at the April 14th meeting. Adult Entertainment Committee—although we have traditionally had a three member committee,there is nothing precluding us from having a five member committee. There are still committees without Council representation, however, none require a Council rep. Nonetheless, if anyone is interested in one of the vacancies, let me know. If you have any questions, feel free to contact me. Thanks Dean Dean Iorfida, City Clerk City of Niagara Falls 905-356-7521, Ext. 4271 905-356-9083 (Fax) Please fill in your selections Appointment to Boards,Commissions& Committees,2015-2018 Term *-committees where Council representation is required Arts&Culture Committee Councillor Campbell Recreation Committee Park In The City Committee Councillor Pietrangelo Councillor Strange Mayor's Youth Advisory'Committee Councillor loannoni Committee of Adjustment Councillor Pietrangelo Municipal Heritage Committee Mayor's Accessibility Advisory Committee Railline Ad Committee Mayor Diodati Councillor Pietrangelo Councillor Thomson N. F. Humane Society Board Niagara Museums Advisory Committee Niagara Falls Tourism 12—Mayor)* Mayor Diodati Councillor Strange Councillor Thomson Adult Entertainment Appeals Committee* Mayor Diodati (3) Councillor Campbell Councillor Ken-io Councillor Strange Councillor Thomson Project Share Board Councillor Campbell Niagara Falls Library Board* Councillor loannoni Niagara Falls Illumination Board(I — Mayor Diodati Mayor)* Councillor Morocco Councillor Strange Councillor Thomson Winter Festival of Lights Board 12)* Mayor Diodati Councillor Campbell Downtown BIA* Mayor Diodati Councillor loannoni Clifton Hill BIA* Councillor Morocco Lundy's Lane BIA* Councillor Pietrangelo Main&Ferry BIA* Councillor Craitor Victoria Centre BIA* Councillor Kerrio Fallsview BIA* Councillor Thomson Niagara District Airport Commission* Councillor Morocco Niagara Civic Convention Centre Board Councillor Craitor Councillor Thomson Niagara Parks Commission* Councillor Kerrio Regional Culture Committee Regional Greater Niagara Circle Route Committee Regional Transportation Steering* Councillor Morocco Committee CLERKS DEPARTMENT Inter-Departmental Memo To: Mayor James M. Diodati & Members of Council From: Dean lorfida, City Clerk Date: April 14, 2015 Re: Committee Volunteer Recognition Council will be recognizing the following individuals for their long-standing service, of at least four (4) Council terms, on various volunteer committees or boards: COMMITTEE OF ADJUSTMENT: Jack Collinson — 14 years Chuck Antonio — 18 years ARTS & CULTURE: Karen Fraser— 18 years LIBRARY BOARD: Carm Dix — 29 years PROPERTY STANDARDS: Sam LaRosa — 17 years* NOTE: Sam had also served 28 years on the old Parking & Traffic committee A Great City ... For Generations To Come r Z Z_ Z G) -i m co „,- PBD-2015-15 Niagararalls April 14, 2015 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2015-15 26T-11-2015-001 & AM-2015-001 Warren Woods Estates Phase 3 Stage 3 Draft Plan of Subdivision and Zoning By-law Amendment Application 7913 Kalar Road Owner: 1340258 Ontario Inc. (Robert O'Dell - Managing Partner) Agent: Upper Canada Consulting (Jennifer Vida) RECOMMENDATION 1. That the Warren Woods Estates Phase 3 Stage 3 Plan of Subdivision be draft approved subject to the conditions in the attached Appendix A. 2. That the Mayor or designate be authorized to sign the draft plan as "approved” 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged. 3. That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and granted by Council. 4. That the application to amend the Zoning By-law be approved as detailed in this report. 5. That the Mayor and City Clerk be authorized to execute the Subdivision Agreement and any required documents to allow for the future registration of the subdivision when all matters are addressed to the satisfaction of the City Solicitor. EXECUTIVE SUMMARY 1340258 Ontario Inc. has applied to subdivide a 1.09 hectare portion of the lands known as 7913 Kalar Road into 24 lots for single detached dwellings. The developer has also applied to amend Zoning By-law No. 79-200 to provide the necessary regulations to guide the construction of dwellings on the lots. Planning staff recommends the applications, for the following reasons: 2 PBD-2015-15 April 14, 2015 • the proposal complies with Provincial and Regional policies with respect to achieving minimum density targets in the designated Greenfield Area; • the proposal complies with the Garner South Secondary Plan with respect to residential densities; • the proposed subdivision is a logical extension of the Warren Woods Phase 3 Stage 2 subdivision and will assist in completing this community; • the proposed zoning regulations will facilitate compact form while maintaining an appropriate level of functionality for residential use; and • rezoning the hydro corridor the same residential zone as the abutting lots will prevent the introduction of incompatible uses and will eliminate inconsistencies between the Low Density Residential designation of the land under the Garner South Secondary Plan and Zoning By-law No. 79-200. The conditions of draft plan approval, which address servicing, parkland dedication, fencing, utility installation, and all other matters related to the development of the subdivision, are listed in Appendix A. BACKGROUND Proposal The applicant has applied to subdivide a 1.09 hectare (2.7 ac) portion of the land known as 7913 Kalar Road (see Schedule 1). The proposed Draft Plan of Subdivision is located to the north of the recently draft approved Warren Woods Phase 3 Stage 2 plan of subdivision and consists of 24 lots for single detached dwellings. Schedule 2 shows the design of the proposed plan of subdivision. The applicant has also applied to amend the zoning of the subject lands to provide the necessary regulations to guide the development and uses of the lands. The subject lands are currently zoned Development Holding (DH) in accordance with Zoning By-law No. 79- 200. The applicant is requesting to have the lands rezoned Residential Single Family 1F Density (R1 F) with site specific regulations for minimum lot area, minimum lot frontage, front yard depth, side yard width, maximum driveway width, minimum landscaped open space, increased maximum building height, projection of a 1 or 2 storey porch into a front and exterior side yard, minimum garage setback from a front and exterior side yard lot line and to eliminate the maximum lot coverage provision. Although not part of the subdivision, the same site specific R1F zone is proposed to be applied to the abutting hydro corridor. 3 PBD-2015-15 April 14, 2015 Surrounding Land Uses The lands were previously used for agriculture and are flat. A vacant hydro corridor, owned by the Province of Ontario (Hydro One Networks Inc.) abuts the lands to the north. The applicant is in the process of acquiring the hydro corridor. To the south is the draft approved Warren Woods Phase 3 Stage 2 subdivision. This plan is expected to be registered in the next month or two. To the west and east are separate branches of Warren Creek. Circulation Comments • Regional Municipality of Niagara (the Region) - No objections. The Region provided several conditions to address standard development requirements. These conditions have been incorporated into Appendix A. • Niagara Peninsula Conservation Authority (NPCA) - No objections. Requested conditions included in Appendix A. • Hydro One Networks Inc. (Hydro One) - No objections. Hydro One provided several conditions pertaining to development in proximity to their Corridor. • Municipal Works, Transportation Services, Parks Design, Fire Services, Enbridge Gas, Bell Canada, and Canada Post - No objections. Requested conditions included in Appendix A. • Cytec Canada Inc. - Requests a warning clause be added to all purchase and lease agreements, warning future residents of Cytec's manufacturing facilities. In addition, Cytec Canada Inc. requests that building heights be restricted to 2.5 storeys or 11.5 metres, whichever is lesser. • Residents - Two letters are included on tonight's agenda for consideration. The residents do not object to the subdivision, but are concerned that the hydro corridor to the north of the subdivision may be used for a hydro transmission line. The City has no jurisdiction over Hydro's use of the corridors. 4 PBD-2015-15 April 14, 2015 Neighbourhood Open House A neighbourhood open house was held on March 3, 2015 and was attended by 3 neighbours, representatives of the developer and City staff. The residents in attendance did not voice concerns about the proposed subdivision, but had concerns about the possibility of transmission lines being erected on the now vacant hydro corridor. The developer's representatives noted that they are currently negotiating to buy this land and place a road and landscaped corridor on it, however Hydro One would still maintain a right to put a transmission line on the corridor. It was pointed out that the staff and developer were not aware of any plans for a transmission line along this corridor, and that the proposed subdivision is not located on the land. In addition, the residents expressed concerns about the current state of Kalar Road in proximity to the subdivision and asked when it would be reconstructed. Staff noted that this would be investigated and reported back on. ANALYSIS/RATIONALE 1. Provincial Policy Statement and Growth Plan The applications are considered to be consistent with the Growth Plan and Provincial Policy Statements as follows: • the applications involve development of land within the urban boundary and a Greenfield area; • the proposed subdivision is calculated to achieve 55 people and jobs per hectare which meets the Growth Plan target of 53 people/jobs per hectare for Greenfield development in the City; and • the proposed subdivision contributes to the City's supply of building lots. 2. Official Plan (Garner South Secondary Plan) The subject lands are located within the Garner South Secondary Plan area. The Secondary Plan provides details on how land is to be developed. The Plan is part of the City's Official Plan. The lands are designated Low Density Residential and are intended to be developed at a minimum density of 16 units per hectare. The applications are considered to conform to the Secondary Plan as follows: • the subdivision is located in a portion of the Secondary Plan that is expected to be developed for single detached dwellings; • the subdivision has a density of 22 units per hectare, which is above the minimum density requirement for low density residential; and, 5 PBD-2015-15 April 14, 2015 • the subdivision is a logical extension of the Warren Woods Phase 3 Stage 2 Plan to Subdivision to the south. 3. Zoning By-law Amendment The subject lands are currently zoned DH in accordance with Zoning By-law No. 79-200. The zoning is requested to be changed to the same R1 F zone which applies to the draft approved subdivision to the south. The changes are summarized in the following table: ZONE REGULATION EXISTING REGULATION PROPOSED REGULATION Minimum lot area 320 sq. m 250 sq. m Minimum lot frontage 10 m (interior lot) 9 m (interior lot) 12 m (corner lot) 11 m (corner lot) Minimum front yard 3 m to dwelling 3.5 m (Note: garage setbacks 6 m to garage are dealt with below) Maximum projection of a 1 1.5 m or 2 storey porch into the required front yard Minimum rear yard 7.5 m 7 m Minimum interior side yard 0.9 m 1.2 m (one side) 0.6 m (other side) Minimum exterior side yard 3 m 2.4 m (to dwelling) Maximum projection of a 1 or 1.5 m 2 storey porch into the required exterior side yard Minimum setback to a 6 m garage door from a lot line Maximum height 10 m 12.5 metres and 2.5 storeys Maximum lot coverage 45% None (controlled by setbacks) Minimum landscaped open 30% 25% space Minimum parking 1 2 (one in garage) Maximum driveway width 50% or 8 m (whichever is 60% of lot frontage lesser) With the exception of building height, the requested amendments can be supported for the following reasons: • the regulations facilitate compact form; • as the regulations are the same regulations which apply to the subdivision to the south, continuity in building design is promoted. • a lot coverage regulation is unnecessary because the development of the compact lots will be adequately addressed by building setbacks; • the building setbacks maintain adequate separation distances between dwellings and the street and contribute to the desired built form. 6 PBD-2015-15 April 14, 2015 The requested height increase to 12.5 metres, to accommodate steeper pitched roofs, is a concern to Cytec. Cytec has pursued height limitations of 2.5 storeys in this area due to proximity of the subdivision to their chemical manufacturing facilities. The applicant has indicated the height of the dwellings being built is up to about 11.4 metres. Cytec has proposed limiting the building height to 2.5 storeys and 11.5 metres, whichever is lesser. This revised standard is acceptable to the applicant and City staff. City staff are proposing the Hydro corridor to the north, currently zoned DH, be placed under the same R1 F zone as the subject lands. This zone change would provide continuity with the zoning of the lands to the south, and would assist in preventing uses that are incompatible with abutting residential uses. This should not result in residential lots along the corridor owned by Hydro One. It should be noted that Hydro transmission lines are permitted in any zone. 4. Subdivision Design and Conditions of Approval The proposed subdivision is a continuation of the Warren Woods Phase 3 subdivision. Lots are proposed along extensions of streets that are laid out in the Phase 3, Stage 2 subdivision. Although the Hydro corridor is not part of this subdivision, the applicant is in the process of acquiring this corridor and proposing to construct a road on it that will connect with the streets proposed in this subdivision. Conditions (Under Appendix 1 - Conditions of Approval) have been incorporated to provide for adequate emergency vehicle circulation until this road is built. In addition, Hydro One has requested fencing and warning clauses in case transmission lines are installed along this corridor in the future. At Cytec's request, a warning clause has been added to Appendix A advising future residents of their manufacturing facilities. Parkland dedication will be taken for this subdivision as cash-in-lieu in accordance with the Planning Act. Appropriate conditions have been included to address this matter. The park is proposed to be located to the west of the subject lands, near Garner Road. The balance of the conditions in Appendix A are standard conditions of draft plan approval and include the dedication of necessary road widenings and daylight triangles, installation of municipal services, provision of utilities to the subdivision and the naming of streets to the satisfaction of the City. 5. Resident Concerns Residents from the Warren Woods Phase 1 Subdivision have expressed concerns about the potential of hydro transmission lines being installed in the corridor between the subject lands and the Phase 1 Subdivision. This corridor has been 7 PBD-2015-15 April 14, 2015 owned by Hydro One Networks for many years, but has not recently been used for transmission purposes. Although the developer is in the process of acquiring this land, Hydro One would still maintain an easement in case it is needed for transmission purposes in the future. Utilities are regulated at the Provincial level and therefore municipal zoning by-laws would not prohibit such a use. Although Hydro One has requested the insertion of warning clauses if transmission lines are ever installed, staff is not aware of plans to install transmission lines in the near future. The residents are also concerned about the current condition of Kalar Road abutting their subdivision, which is currently built to Rural standards. Kalar Road is planned to be reconstructed to full urban standards. Municipal Works has indicated that this reconstruction is not included in the 2015 capital budget. Discussions are underway between Municipal Works and the developer because the developer is interested in exploring the reconstruction. FINANCIAL IMPLICATIONS The proposed development will generate development charge contributions and property tax revenue for the City. There are no other financial implications. CITY'S STRATEGIC COMMITMENT The proposed subdivision complies with the City's Official Plan. LIST OF ATTACHMENTS ➢ Schedule 1 — Location Map ➢ Schedule 2 — Subdivision Plan ➢ Appendix A— Conditions for Draft Plan Approval Recommended by: Y Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: I Ken Todd, Chief Administrative Officer A.Bryce:mb Attach. S:\PDR\2015\PBD-2015-15,AM-2015-001 &26T-11-2015-001,Warren Woods Phase 3 Stage 3.docx 8 PBD-2015-15 April 14, 2015 SCHEDULE 1 1 1:4706 CR EIDER@ERRY OR 3 6 0 CR MULBERRY tit 0. 4 3 BROWN RD BROWN RD 9 PBD-2015-15 April 14, 2015 SCHEDULE 2 f WARREN CREEP 1 _...._._._ .meq?f WV 11 y r 4.i 'it r ' 1 f ilig 4..9 SASSAFRAS rQ "SAGAS T I t N44 j ;a ti .•4, iti r i . •---,-,..4Er- ,..._ 4-ler a t•••••.-11 ! ?,`s 1 1. 1 j S CA$ORE U !'VCAM011!011 s.. r.. Ads X1 • ' 1,01111,1 1= ; w D fir, mrn $g ti , Ja @# i 141i 13 II IX i_e• . }11 . 7; u 41 Nl/t'EAR BUTTERNUT®t VC) BUr r ERNU191.v0 I •UTTIPOWT&VD .4 1 • i L e A r111D0 .. / rR 1 ' 1 11 i -.. 1 f m n[. must r ,1" SIACX MARL E DR On .• 1 T ti :t i 1 0 10 PBD-2015-15 April 14, 2015 APPENDIX A Conditions for Draft Plan Approval 1. Approval applies to the Warren Woods Estates Phase 3 Stage 3 Draft Plan of Subdivision prepared by Upper Canada Consultants, dated December 15, 2014, showing 24 lots for single detached dwellings. 2. The developer enter into a registered Subdivision Agreement with the City to satisfy all requirements, financial and otherwise, related to the development of the subject lands. Note: Should any other body wish to have its conditions included in the Subdivision Agreement, they may be required to become party to the Subdivision Agreement for the purpose of enforcing such conditions. 3. The developer submit a Solicitor's Certificate of Ownership for the subdivision lands to the City Solicitor prior to the preparation of the Subdivision Agreement. 4. The subdivision be designed and constructed in accordance with City standards which, in part, includes the following: (a) roadways and sidewalks to municipal requirements; (b) dedication of daylighting triangles with 5 metre legs for all proposed intersections on the draft plan; (c) dedication of all road allowances to the City as public highway to the City's satisfaction; (d) all streets named to the City's satisfaction; (e) provision of water distribution, sanitary sewer and storm sewer systems in accordance with the Ministry of the Environment Guidelines and the City Engineering Standards Manual as amended; (f) weeping tile be connected to the storm sewer system via sump pumps and all rainwater leaders outlet to grade and be directed to the front/rear yards; (g) provision of an overland stormwater flow route, designed and constructed in accordance with the City Engineering Standards Manual as amended; and (h) application of the City's Lot Grading and Drainage Policy in accordance with the City Engineering Standards Manual as amended. 5. The developer submit a Geotechnical Report prepared by a Soils Consultant to the satisfaction of Municipal Works. 6. The developer pay the Development Charges in force at the time of execution of the Subdivision Agreement as per the City's Development Charges By-law. 7. The developer grant the City and public utility companies any easements required to service the subdivision. 11 PBD-2015-15 April 14, 2015 8. The developer provide tender documents and digital data, in accordance with the Niagara Peninsula Standard Contract Document format and Regional and City CAD standards, to the City in compliance with current PSAB requirements. 9. The developer pay the required fees for Engineering Inspection and Administration for the subdivision. 10. The developer provide a 1.5 metre high black vinyl chain link fence (or other standard approved by the City) along the rear lot line of Lots 1, 2, 3, 22, 23 and 24, to the satisfaction of the City. 11. The developer accommodate the provision of one boulevard tree per lot and two boulevard trees per corner lot and pay to the City $300 per tree for this provision, in accordance with City policy. 12. The developer pay the City cash-in-lieu of parkland dedication in the amount equal to 5% of the appraised value of the lands to be subdivided as determined by a qualified appraiser, to the satisfaction of the City. 13. The developer provide temporary roads on the subject lands with minimum widths of 6 metres connecting Sassafras Trail, Sycamore Drive, Butternut Boulevard and Black Maple Drive to the satisfaction of the City. Alternatively, the developer construct a permanent road to Municipal Standards along the northerly limit if the necessary arrangements are made with Hydro One Networks Inc. 14. The developer provide 0.3 metre reserves along the northerly lot line of the lands more particularly shown as Blocks 25, 26, 27 and 28. Note: this condition will not be required if a permanent road is constructed along the northerly limit of the land in accordance with Condition No. 13. 15. The developer demonstrate to Fire Services' satisfaction that adequate water supply for firefighting purposes is available and accessible with sufficient volume and flow to facilitate firefighting operations prior to obtaining Building Permits. 16. That parking restrictions be imposed to Fire Services satisfaction prohibiting parking on both sides of the temporary roadways referred to in Condition No. 13. 17. The developer shall extend Butternut Boulevard over the rechanneled portion of Warren Creek and over the hydro corridor to connect with Butternut Boulevard in Phase 1 of the Warren Woods Subdivision prior to the issuance of any Building Permits for this subdivision. Wording shall be placed in the Subdivision Agreement to this effect. 18. The developer submit servicing plans to Municipal Works and Fire Services for review. Such plans are to include road widths and curb radii. Note that the Municipal Works Department is responsible for final approval of said servicing plans. 12 PBD-2015-15 April 14, 2015 19. The developer receive final approval of the Zoning By-law amendment to provide land use regulations to guide the development of the subdivision. 20. The developer provide three calculated plans and a letter prepared by an Ontario Land Surveyor to Planning, Building & Development confirming that all lots and blocks comply with the Zoning By-law. 21. The developer provide five copies of the pre-registration plan to Planning, Building & Development and a letter stating how all the conditions imposed have been or are to be fulfilled. 22. The developer is hereby advised that prior to commencing any work within the Plan, the developer must confirm that sufficient wire-line communication/ telecommunication infrastructure is currently available within the proposed subdivision to provide communication/telecommunication service to the proposed subdivision. In the event that such infrastructure is not available, the developer is hereby advised that the developer may be required to pay for the connection to and/or extension of the existing communication/telecommunication infrastructure. If the developer elects not to pay for such connection to and/or extension of the existing communication/telecommunication infrastructure, the developer shall be required to demonstrate to the municipality that sufficient alternative communication/telecommunication facilities are available within the proposed development to enable, at a minimum, the effective delivery of communication/ telecommunication services for emergency management services (i.e. 911 Emergency Services). 23. That the developer agrees, in the Subdivision Agreement, in words satisfactory to Bell Canada, to grant to Bell Canada any easements that may be required for telecommunication services. Easements may be required subject to final servicing decisions. In the event of any conflict with existing Bell Canada facilities or easements, the developer shall be responsible for the relocation of such facilities or easements. 24. The developer include in all offers of purchase and sale, a statement that advises the prospective purchaser that mail will be delivered via a Community Mail Box CMB, and advise potential homeowners of CMB locations. 25. The developer contact Enbridge Gas Distribution's Customer Connections Department by emailing salesarea80@enbridge.com for service and meter installation details and to ensure all gas piping is installed prior to the commencement of site landscaping (including, but not limited to: tree planting, silva cells, and/or soil trenches) and/or asphalt paving. NOTE: If a gas main needs to be relocated as a result of changes in the alignment or grade of the future road allowances or for temporary gas pipe installations pertaining to phase construction, all costs are the responsibility of the applicant. 13 PBD-2015-15 April 14, 2015 26. The developer grade all streets to final elevation prior to installation of the gas lines and provide Enbridge Gas Distribution Inc. with the necessary field survey information required for installation of gas lines. 27. The developer provide Enbridge Gas Distribution with the necessary easements if any gas lines need to be installed outside of the proposed road allowances. 28. Prior to final approval, copies of the lot grading and drainage plan, showing existing and final grades, shall be submitted to Hydro One Networks Inc. (HONI) in triplicate for review and approval. Drainage must be controlled and directed away from the Ontario Infrastructure & Lands Corporation (OILC)/HONI transmission corridor. 29. Temporary fencing shall be installed along the edge of the transmission corridor, at the developer's expense, prior to the start of construction. 30. Permanent 1.5 metre high fencing shall be installed along the mutual property line, at the developer's expense, after construction is completed. 31. The OILC/HONI transmission corridor is not to be used without the express permission of HONI on behalf of OILC. During construction there will be no storage of materials or mounding of earth, snow or other debris on the transmission corridor. The developer will be responsible for restoration of any damage to the transmission corridor or HONI facilities thereon resulting from construction of the subdivision. 32. HONI's letter of February 13, 2015 and the conditions contained therein, should in no way be construed as permission for or an endorsement of proposed location(s) for any road crossing(s) contemplated for the proposed development. This permission may be specifically granted by OILC under separate agreement(s). Proposals for any secondary land use including road crossings on the transmission corridor are processed through the Provincial Secondary Land Use Program (PSLUP). HONI, as OILC's service provider, will review detailed engineering plans for such proposals separately, in order to obtain final approval. Should future approval for a road crossing be granted, the subdivider shall then make arrangements satisfactory to OILC/HONI for the dedication and transfer of the proposed road allowance directly to the City of Niagara Falls. Access to and road construction on the OILC/HONI transmission corridor is not to occur until the legal transfer(s) of lands or interest are completed. 33. The costs of any relocations or revisions to HONI facilities that are necessary to accommodate this subdivision will be borne by the developer. 34. The applicant address the following warning clause if HONI determines it necessary due to proximity to a transmission or distribution station: 14 PBD-2015-15 April 14, 2015 (a) The developer hereby confirms and agrees that every agreement of purchase and sale heretofore and hereafter entered into by the developer with any purchaser(s) of any lot/unit or proposed lot/unit in the subdivision contains the following notice/warning provisions (or clauses substantially similar thereto in all respects), namely: "Each lot/unit purchaser and/or lessee specifically acknowledges and agrees that the development of the lands upon which this subdivision is being (or has been) constructed, will be (or has been) undertaken and completed in accordance with any requirements that may be imposed from time to time by any Governmental Authorities, and that the proximity of this subdivision to facilities, installations and/or equipment owned and/or operated by HONI may result in noise, vibration, electro-magnetic interference and stray current transmissions (hereinafter collectively referred to as the "Interferences") to this subdivision, and despite the inclusion of control features within this subdivision, Interferences from the aforementioned sources may, occasionally interfere with some activities of the occupants in this subdivision. Notwithstanding the above, each lot/unit purchaser and/or lessee agrees to indemnify and save harmless HONI, from and against all claims, losses, judgments or actions arising or resulting from any and all of the interferences. In addition, it is expressly acknowledged and agreed that HONI does not, and will not, accept any responsibility or liability for any of the Interferences in respect of this subdivision and/or its occupants. Furthermore, there may be alterations and/or expansions by HONI to its facilities which may temporarily affect the living environment of the residents notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the subdivision. HONI will not be responsible for any complaints or claims of any kind howsoever arising from use, expansion and/or alterations of such facilities and/or operations on, over or under its transformer station. Furthermore, each lot/unit Purchaser and/or lessee acknowledges and agrees that an electro-magnetic, stray current and noise-warning/vibration clause similar to the foregoing shall be inserted into any succeeding or subsequent sales agreement, lease or sublease, and that this requirement shall be binding not only on the Purchaser hereunder but also upon the Purchaser's respective heirs, estate trustees, successors and permitted assigns, and shall not cease or terminate on the closing of this purchase and sale transaction with the Vendor/Declarant." (b) The developer covenants and agrees that so long as the City does not object thereto, the language set out in Condition 35(a) hereof (or language substantially similar thereto) shall also be included in the Subdivision Agreement entered into by the developer with the City of Niagara Falls to be registered on title of the subdivision. NOTE: The developer is advised that the transmission lines abutting this subdivision operate at 500,000, 230,000 or 115,000 volts. Section 188 - Proximity - of the Regulations for Construction Projects in the Occupational Health and Safety Act, require that no object be brought closer than 6 metres (20 feet) to an energized 500 kV 15 PBD-2015-15 April 14, 2015 conductor. The distance for 230 kV conductors is 4.5 metres (15 feet) and for 115kV conductors is 3 metres (10 feet). It is the developer's responsibility to be aware, and to make all personnel on site aware, that all equipment and personnel must come no closer than the distances specified in the Act. They should also be aware that the conductors can rise and lower without warning, depending on the electrical demand placed on the line. 35. The developer ensures that all streets and development blocks can provide an access, entirely located on the subject lands, in accordance with the Regional Municipality of Niagara Policy C3.C17, Collection of Material By Way of Entry on Private Property and by-laws relating to the curbside collection of waste. The Region will not enter onto the hydro corridor lands to collect waste for this or previous phases of development. 36. That the developer receive acceptance from the Ministry of Tourism and Culture for the archaeological assessment report titled "Stage 1 and 2 Archaeological Assessment of the Warren Woods Property" prepared by Archaeological Services Inc., dated January 2007. No demolition, grading or other soil disturbances shall take place on the subject property prior to the issuance of a letter from the Ministry of Tourism and Culture through the Niagara Region Public Works Department (Development Services Division), confirming that all archaeological resource concerns have met licensing and resource conservation requirements. 37. That the following clause be included in the Subdivision Agreement between the developer and the City of Niagara Falls: "Should deeply buried archaeological remains/resources be found on the property during construction activities, the Heritage Operations Unit of the Ministry of Tourism and Culture in London (519-675-7742) and the developer's archaeology consultant shall be notified immediately. In the event that human remains are encountered during construction, the developer should immediately notify the police or coroner, the Registrar of Cemeteries of the Ministry of Consumer the Ministryof Tourism and Culture, and the r n o 416-326-8392 Services in Toot ( ), developer's archaeology consultant." 38. That the developer submit to the Niagara Peninsula Conservation Authority (NPCA), for review and approval, detailed grading, storm servicing, stormwater management and construction sediment control drawings. 39. That the grading plan maintain existing surface flows to Warren Creek. Rear yard drainage should maintain existing conditions for lots that abut Warren Creek. 40. That sediment control and limit of work fencing be shown on the grading plan along the rear lot lines of lots 1-3 (inclusive) and 22-24 (inclusive) and that no grading occur beyond this point. Limit of work fencing must be maintained during the development process and all silt fencing shall be removed once work is completed and all exposed soils are re-vegetated or otherwise stabilized. 16 PBD-2015-15 April 14, 2015 41. That permanent fencing be constructed along the rear lot lines of lots 1-3 (inclusive) and 22-24 (inclusive), and be shown on the engineering drawings. Fencing which will discourage entry into the natural areas and dumping of lawn or other waste into the natural areas is to be used. 42. That no clearing of vegetation shall take place on site between March 15 and August 31 of any year, to protect nesting birds under the Migratory Bird Convention Act. If there is any proposed clearing of vegetation including trees, shrubs and grasses within these dates, an ecologist should undertake detailed nest searches immediately prior to site alteration to ensure that no active nests are present (note that the dates have been revised since Phase 3 as a result of updated information from Environment Canada). 43. That the subdivision agreement between the developer and the City contain wording to implement conditions 38 to 42 above, to the satisfaction of the NPCA. 44. The following notice clause shall be included in the Subdivision Agreement and in any Condominium Agreement and in any Site Plan Agreement and in all Agreements of Purchase and Sale for the subdivision lots and blocks, and in any leases: "Cytec Canada Inc. ("Cytec") owns lands located north of the Welland River and west of Garner Road. Cytec's lands are designated Industrial and zoned for heavy industrial uses. Cytec operates chemical manufacturing and industrial facilities on its lands and may in the future expand its operations by expanding or adding to its existing buildings or constructing new buildings and/or intensifying its operations. Cytec may also erect and/or construct and operate facilities for any of the uses permitted in the City's Zoning By-law. Cytec's use of its lands may generate odour and air emissions and create noise, together with other industrial effects. Cytec is a member of the Canadian Chemical Producer's Association and has been verified under the Responsible Care Codes of Practice. This notice clause includes any successors and/or assigns in title to Cytec." Clearance of Conditions Prior to granting approval to the final plan, Planning, Building & Development requires written notice from applicable City Divisions and the following agencies indicating that their respective conditions have been satisfied: Legal Services for Conditions 2 and 3 - Municipal Works for Conditions 4 to 9 inclusive, 13, 14, 17 and 18 Landscape Architect for Conditions 10 to 12 inclusive Transportation Services for Condition 4 Fire Services for Conditions 13, 15, 16, 17 and 18 Planning and Development Services for Conditions 19 to 21 inclusive Bell Canada for Conditions 22 and 23 - Canada Post for Condition 24 17 PBD-2015-15 April 14, 2015 - Enbridge Gas Distribution Inc. for Conditions 25 to 27 inclusive - Hydro One Networks Inc. for Condition 28 to 34 - Regional Municipality of Niagara for Conditions 35 to 37 inclusive - Niagara Peninsula Conservation Authority for Conditions 38 and 43 inclusive Cytec Canada Inc. for Condition 44 Planning Am -Zo1U-o D j -n ed Fitec" t /1/ To whom ever this may concern, My name is Michael Leung, owner of Butternut Blvd, Niagara Falls, ON. I am writing this letter to protest the recent proposal the city has made for the Hydro Corridor on the R1F zone. (Assessment Roll No.: 2725-110-002-05101) I truly think this is a bad idea. I have three daughters at home and their health and well- being are a major concern. Due to the recent research and studies on electromagnetic radiation given off by the corridor, I do not want to put their health at risk because some long-term effects include cancer and child development.Since I live closer to those power lines, my family has a higher chance of being exposed to these illnesses. With the instalment of the hydro corridor, our neighbourhood's properties value will also drastically decrease in the real estate market. Houses will be harder to re-sell and I can assure that a bunch of families will move out.The day I bought my house, I was promised that our site is to have zones of green fields and limited traffic road design. But now the site plan will change if the Hydro Corridor is installed. I strongly ask the city planner to reconsider the Hydro Corridor proposal and the effects it will have on the local neighbourhood. Regards ichael Leung RECEIVED 1 MAR 0 4 2015 PLANNING & DEVELOPMENT Planning Fne d t Affl -z()15-60] To the City, I am Wen Hua Liang, is the house owner of the address Butternut Blvd, Niagara Falls. I strongly object the proposal of the Hydro Corridor on the R1F zone. (Assessment Roll No: 2725- 110-002-05101) I have a four years old daughter; my family's health is my major concern. Many studies on the electromagnetic radiation is harming to ill health, including cancer and child development. Living closer to those power lines have more risk to have cancer either it is reachable or invisible. The government must ensure the living environment safety instead putting residents in a danger and non-protective area. The house will be hard to sell during the normal real estate market or in a down market due to the hydro corridor close to. Because not only me is taking the concern of the ill health effect, most of the Canadians are care their future and safety. Nobody will take their living value in wager. On the day I put the offer on the house, the site plan stays the zone has a nice path of green work and limited traffic road design, that's one of the reason for me to purchase the house. But now the site plan is change if the hydro corridor is on. It's broke down the trust between me, the builder and the city planner. I strongly ask the city planner to take off this hydro corridor proposal, because I don't want my future living in an unsafety, ill health, and low value community. Regards LJ Wen Hua Liang RECEIVED MAR 0 4 2015 PLANNING & FVELOPMENT f PBD-2015-14 NiagaraFalls April 14, 2015 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2015-14 AM-2014-011, Official Plan and Zoning By-law Amendment Application 5359 River Road Applicant: 1907782 Ontario Inc. (John Pinter) Agent: Michael Allen, ACK Architects Proposal: Proposed Inn RECOMMENDATION 1. That Council approve the Official Plan and Zoning By-law amendment application to: - reword the Special Policy Area designation to permit an inn with 12 rooms for tourists and 1 room for the innkeeper or owner on the subject land; and - rezone the lands to Residential Single Family and Two Family (R2) with site specific regulations, as outlined in this report, to permit the dwelling on the property to be expanded and used as an inn, as defined in this report, and the conversion of the former garage on the property into one guest room. 2. That Council pass the by-law to deem Lots 28 and 29, Plan 294 to no longer be within the registered plan of subdivision to permit them to merge in title and become one parcel. EXECUTIVE SUMMARY John Pinter has submitted an application to amend the Official Plan and Zoning By-law No. 79-200 for lands known as 5359 River Road. Current Official Plan policies and zoning regulations permit the existing dwelling to be used as a bed and breakfast with 8 rooms for tourists. The applicant is proposing to expand the existing dwelling to provide 12 rooms for tourists, with one of the rooms in an accessory building. The proposed expansion will change the bed and breakfast to an inn. The amendments are recommended for the following reasons: the property is of sufficient size to accommodate the proposed expansion, parking areas and necessary buffering to accommodate the use and mitigate its impact on surrounding uses; The residential character of the neighbourhood would be maintained; and The increase in traffic can be accommodated on River Road. 2 PBD-2015-14 April 14, 2015 BACKGROUND Proposal The applicant has requested an Official Plan and Zoning By-law amendment for 0.16 hectares (0.4 acres) of land known as 5359 River Road, as shown on Schedule 1. The applicant is proposing to expand the existing tourist home (bed and breakfast establishment) to create an inn with 12 rooms for tourists. The expansion includes a small addition along Eastwood Avenue, a larger 3 storey addition on the west and north sides of the building, a terrace along the River Road side of the building, and the construction of a pitched roof above the existing flat roof part of the building. Refer to Schedule 2 for further detail. The land is designated Residential and within the River Road Satellite Tourist District. The land is also subject to Special Policy Area "32", which permits a bed and breakfast with 8 rooms for tourists. The applicant is requesting this Special Policy Area designation be amended to permit a 12 room inn. The lands are zoned Residential Single Family and Two Family (R2-538) in accordance with Zoning By-law No. 79-200, as amended by By-law No. 2001-50. Site specific regulations permit the existing building to be used as a dwelling and to provide up to 8 rooms for tourists. A new R2 zone with site specific regulations is requested to permit an inn with 12 rooms for tourists and one room for an innkeeper or owner, as well as permitting an increase in building height, a reduction in the exterior side yard width (previously granted through a Minor Variance) and to recognize the siting of the dwelling (as expanded). The site specific regulations would also permit one of the rooms to be located in the building that is currently a detached garage and recognize its location on the property. Site Conditions and Surrounding Land Uses The subject lands are occupied by a dwelling which has been used as a bed and breakfast establishment with an accessory garage, parking area and landscaped amenity area. The main building was constructed in 1890 and further expanded in the late 1970's with a modern addition to accommodate additional guest rooms. The lands slope upward away from River Road. Surrounding properties contain a mix of single detached and converted dwellings and small scale tourist accommodations including bed and breakfast establishments and cottage rental dwellings. Circulation Comments Information regarding the proposed Official Plan and Zoning By-law amendment was circulated to City divisions, the Region, agencies and the public for comments. The following summarizes the comments received to date: 3 PBD-2015-14 April 14, 2015 • Regional Municipality of Niagara - No objection. The proposal is consistent with the intent of Provincial and Regional policies. • Niagara Parks Commission (NPC) No objections. Detailed site, elevation and landscape plans will need to be reviewed by the NPC at the site plan stage. It is expected the front outdoor amenity will be maintained. To strengthen the Victorian character of the original dwelling, the proponent should ensure the design of the additions is in keeping with the original architecture of the home. • Parks Design - No objections to the rezoning. A landscape plan will be required as part of the site plan application. This site plan should assess and detail measures to protect the existing mature trees at the rear of the property. • Transportation Services - No objections to the rezoning. It is preferred that the parking space along River Lane be reserved for the innkeeper. No dedication of land is required for road widenings or daylight triangles. • Legal Services, Building Services, Fire Services, Municipal Works No objections to the rezoning. Neighbourhood Open House A neighbourhood open house was held on March 9, 2015. The applicant, the applicant's planner and three neighbours were in attendance. The neighbours did not object to the proposal, but noted the following ongoing concerns: Cars parking on and blocking River Lane, particularly adjacent to Eastwood Crescent. This appears to be caused by insufficient room to park between the garage located on 4465 Eastwood Crescent (which exits onto River Lane) and the Lane itself. - Large trucks unloading on Eastwood Crescent and blocking River Lane. - Garbage and recycling not properly stored in bins, causing problems with vermin, and partially blocking River Lane when left out on collection day. 4 PBD-2015-14 April 14, 2015 These concerns were spoken to as follows: The applicant is the owner of 4465 Eastwood Crescent. He proposes to demolish the garage (currently used for storage) to provide parking for this dwelling. As indicated in the meeting, the applicant has contacted the company that makes food deliveries to ensure loading and unloading takes place on the property. The applicant confirmed that garbage will be stored in bins in the short term. In the longer term, the site plan process would secure a proper waste disposal enclosure off of River Lane. For Regional collection, the applicant will be limited to 4 garbage container, 4 bins or 2 carts of blue and grey recycling, and 4 bins or 2 carts of green bins. ANALYSIS 1. Official Plan The lands are designated Residential by the City's Official Plan and are within the River Road Satellite Tourist District. Bed and breakfast establishments and alternative forms of accommodation are permitted in this District provided the residential character of the neighbourhood is maintained. The land is also subject to Special Policy Area 32, which permits a bed and breakfast with 8 rooms for tourists. This designation was added in 2001 to recognize the existing use of the property. The current operation has twice the number of rooms of a typical bed and breakfast, which is limited to 4 bedrooms for tourists. As the property is significantly larger than most of the properties in the area, it is possible to accommodate the building additions and still maintain the landscaping to continue to fit in with the character of River Road and which serves to buffer adjacent properties. While the proposed expansion increases the size of the building and the number of guest rooms, this increase is considered reasonable for the following reasons: - The Official Plan policies anticipated other forms of accommodation for tourists; The property has sufficient room to accommodate parking, loading, and amenity to accommodate the additional rooms; - The building additions and the increase in the number of rooms are in scale with the existing building, and will not substantially change the character of the use; - With the exception of the exterior side yard relief granted by the Committee of Adjustment, the proposed development meets or exceeds the setbacks and landscape requirements expected for development in this area; 5 PBD-2015-14 April 14, 2015 - The increase in traffic created by the 4 additional rooms will be minor in nature. The site is accessible from an arterial road (River Road) via a short portion of Eastwood Crescent; and - The proposed building alteration to the modern 1970's addition will add a pitched roof and architectural features to provide a more harmonious appearance with the residential character of the area. Although larger than a typical bed and breakfast, the proposed inn meets the general intent of the Official Plan in permitting small scale accommodations in the River Road area. The inn will provide guest rooms and breakfast for guests, but unlike a hotel, will not contain a restaurant open to the general public or other commercial uses that may disrupt the neighbourhood. The large size of the property will mitigate the size of the inn and assist in keeping it compatible with the surrounding neighbourhood. Like a bed and breakfast, an innkeeper or owner will be present on-site. The applicant has provided a draft Official Plan amendment as shown in Appendix 1. This draft will be modified to reflect the City's format for Official Plan Amendments. Planning staff recommend that the amendment clarify that 12 of the bedrooms are for tourists and one is for the on-site innkeeper/owner. 2. Zoning By-law The applicant is requesting the existing R2-538 zone be replaced with a new site specific R2 zone to permit the proposed inn and building expansions. Although the inn would be similar in function as a bed and breakfast in providing guest rooms and meals exclusively for guests, unlike a bed and breakfast it is at a scale that it would be a principal use rather than ancillary to a dwelling. Planning staff propose the following new definition be used for the inn: "INN" — means a commercial establishment catering to the needs of the travelling or vacationing public by supplying overnight accommodation in not more than 2 buildings containing a minimum of 5 guest rooms and a maximum of 12 guest rooms, with or without the provision of food, and shall contain either a bedroom or a dwelling unit for the owner/manager but does not include a bed and breakfast, a hotel, motel, restaurant, or any residential or other type of accommodation defined therein. The requested use can be supported because this definition would ensure that there is an owner or manager on the premises and would prohibit the addition of other commercial uses, such as a restaurant, which may be disruptive to surrounding residents. In addition, the following site specific regulations are proposed: 6 PBD-2015-14 April 14, 2015 ZONE REGULATION EXISTING PROPOSED REGULATION REGULATION Minimum lot area 370 sq. m 1600 sq. m Minimum lot frontage 15 m 31.8 m Minimum front yard 6 m 11.3 m Minimum rear yard 7.5 m 20 m Minimum interior side yard 1.2 m 1.5 m Minimum exterior side yard 4.5 m 2.3 m Maximum height 10 m 12.7 m Maximum lot coverage 40% 30% Minimum landscaped open space 30% 45% Maximum encroachment of a deck 2.5 m (front) 4.5 m (front) into a front and exterior side yard 0 m (exterior side) 0.4 m (exterior side) Side yard, second building 0.45 m 0.6 m Rear yard, second building 0.45 m 2.75 m The requested regulations can be supported for the following reasons: Most of the proposed standards are in excess of minimum standards and are intended to reflect existing lot area, frontage and siting, and the proposed building expansions. These standards will provide generous building setbacks and landscaped open space to buffer adjacent properties; - The reduction in exterior side yard width and increase in the front and exterior side yard encroachments of a deck recognizes the decision previously granted by the Committee of Adjustment; - The increase in building height is mitigated by the significant front and rear yard setbacks. In addition, the highest part of the roof has a significant setback from the abutting residential use to the north; and - The proposed setbacks for the former garage recognize the current siting of this building. The regulations will allow up to one guest room to be provided in this building. In addition, Planning staff recommend the amending by-law require a pitched roof over the flat roof portion of the existing building (as proposed by the applicant) to ensure the renovations to the building reflect the character of the original house. 3. Site Plan The expansion of the building will be subject to site plan control. Many of the measures to address resident concerns and ensure the project's compatibility with surrounding dwellings will be addressed at this stage, including the following: 7 PBD-2015-14 April 14, 2015 Providing a proper garbage enclosure; - Require the posting of "no parking" signs along River Lane to prevent blocking public access; - Preserving and protecting the existing mature trees on the property where possible and enhancing landscaping; and - Ensuring proper grading and storage. 4. Deeming By-law The subject lands are comprised of two whole lots (Lots 28 and 29, Plan 294) in a plan of subdivision which were intended to be developed separately. The development depends on the two lots being one parcel. If the lots are deemed no longer to be within the registered plan of subdivision and put under the same ownership they will be able to be merged with each other to form one parcel for zoning and Building Code purposes. The applicant has requested the City pass a "deeming by-law" for Lots 28 and 29, Plan 294. A deeming by-law removes the special status granted to whole lots within registered plans of subdivision for the purpose of subdivision control under the Planning Act. The registration of the applicant's requested by-law would merge the subject properties together and allow them to be developed as one parcel. The by-law has been included on tonight's agenda for consideration. CITY'S STRATEGIC COMMITMENT The proposal supports the Economic Growth and Prosperity Initiative in that it attracts business investment. LIST OF ATTACHMENTS • Schedule 1 — Location Map • Schedule 2 — Site Plan • Appendix 1 — Draft Official Plan Amendment ft Recommended by: - 1r Alex Herlovitch, Directo of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer A.Bryce:mb Attach. S:\PDR\2014\PBD-2014-57,AM-2014-009,9275-9311 Shoveller Dr.docx 8 PBD-2015-14 April 14, 2015 SCHEDULE 1 LOCATION MAP Subject Land 1 1175 N'14%0 Lu N.1‘; 6tS'714, • 0.A. t-tr, eAs4s, „ 000 .14? ce BC" IL/ January 2015 Amending the Zoning By-law No.79-200 Loration: 5359 River Road Applicant: 1907682 Ontario Inc. AM-2014-011 9 PBD-2015-14 April 14, 2015 SCHEDULE 2 RIVER LANE ." ..,sem.' i . j W f i` CC z ' l,`, 1y t ry, i '11 .; " ` ��, r _to i. r I }4 .a E, ; < I ,a ; t , nF4. i -- i `mss Co x. � i f f' ! � iJ i d y t .1$i-4L,,..,....-� ir gY c AjvER Rpg0 10 PBD-2015-14 April 14, 2015 APPENDIX 1 PART "B" — THE AMENDMENT All of this part of the document entitled 'Part "B" — "The Amendment' consisting of the following policies and attached maps designated as Schedule "A" (Land Use Plan) constitute Amendment No. to the Official Plan adopted by By-.law for the Niagara Falls Planning Area. The Official Plan adopted by By-law for the Niagara Falls Planning Area and is hereby amended as follows: 1. The subject lands described on the attached Schedule A is hereby subject to site specific provisions to permit a maximum of thirteen units as an Inn. Development shall be subject to Site Plan Control. an agreement registered on title in order to address access. parking lot design. landscaping. fencing and servicing to ensure compatibility with the neighbouring residential properties. CITY OF NIAGARA FALLS By-law No. 2015 - A by-law to designate Lots 28 and 29, Plan 29, now known as Plan 294, to be deemed not to be within a registered plan of subdivision for the purpose of subsection 50(3) of the Planning Act, R.S.O. 1990 (DB-2015-002). WHEREAS subsection 50(4) of the Planning Act, R.S.O.1990, provides that the council of a local municipality may by by-law, designate any plan of subdivision, or part thereof, that has been registered for eight years or more, to be deemed not to be a registered plan of subdivision for the purpose of subsection 50(3) of the Planning Act , R.S.O. 1990; AND WHEREAS the said lands are within a plan of subdivision registered in 1894; AND WHEREAS to facilitate the legal merger of the subject lands, the passing of a by- law as provided in subsection 50(4) is necessary; AND WHEREAS the Council of the Corporation of the City of Niagara Falls, in the Regional Municipality of Niagara, deems it expedient to designate the said lands to be deemed not to be within a registered plan of subdivision as provided in said subsection 50(4). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACT AS FOLLOWS: 1. Lots 28 and 29, Plan 29, now known as Plan 294, shall be deemed not to be within a registered plan of subdivision for the purpose of subsection 50(3) of the Planning Act, R.S.O. 1990. Passed this fourteenth day of April, 2015. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: April 14, 2015 Second Reading: April 14, 2015 Third Reading: April 14, 2015 S:\DEEMING BY-LA1MDB-2015-002\Deeming By-law.docx !b7,C � % SII 1_ I CITY-0 F 4 HI , I' ►CANADA `46ARA FALLS THE CORPORATION OF THE CITY OF NIAGARA FALLS BY-LAW Number 2015 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Stop Signs at Intersections, Yield Signs at Intersections) The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By-law No. 89-2000, as amended, is hereby further amended (1) by adding to the specified columns of Schedule P thereto the following items: STOP SIGNS AT INTERSECTIONS COLUMN 1 COLUMN 2 INTERSECTION FACING TRAFFIC Cambridge Street&McColl Drive Southbound on McColl Drive Cambridge Street& Potter Heights Northbound on Potter Heights Cambridge Street&Wiltshire Boulevard Westbound on Cambridge Street (2) by removing from the specified columns of Schedule Q thereto the following items: YIELD SIGNS AT INTERSECTIONS COLUMN 1 COLUMN 2 INTERSECTION FACING TRAFFIC Cambridge St. & McColl Dr. Southbound on McColl Dr. Cambridge St. & Potter Heights Northbound on Potter Heights Cambridge St. &Wiltshire Blvd. Westbound on Cambridge St. This By-law shall come into force when the appropriate signs are installed. -2- Passed this fourteenth day of April, 2015. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: April 14, 2015 Second Reading: April 14, 2015 Third Reading: April 14, 2015 CITY OF NIAGARA FALLS By-law No. 2015 - A by-law to hereby authorize the execution of an amending agreement related to a Contribution Agreement, under the Cenotaph Restoration Program, between Her Majesty the Queen in right of Canada, as represented by the Minister of Veteran Affairs and the City of Niagara Falls. WHEREAS Niagara Falls City Council approved By-law 2014-170, which authorized execution of a Contribution Agreement, under the Cenotaph Restoration Program, between Her Majesty the Queen in right of Canada, as represented by the Minister of Veteran Affairs and the City of Niagara Falls; and WHEREAS this amending agreement extends the deadline of the project, a year, to March 31, 2016. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An amending agreement, in the form attached hereto, for the restoration of the Krupp M-16, made between Her Majesty the Queen in right of Canada, as represented by the Minister of Veteran Affairs and the City of Niagara Falls, is hereby approved and authorized. 2. The Clerk is hereby authorized to execute the said Agreement and all other documents that may be required for the purpose of carrying out the intent of this by- law. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this fourteenth day of April, 2015. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: April 14, 2015. Second Reading: April 14, 2015. Third Reading: April 14, 2015. AMENDMENT Both parties agree to amend and add the following terms and conditions to the Partnership Contribution Agreement,signed December 22,2014 to defray part of the costs associated with restoring the Krupp M-16. BETWEEN HER MAJESTY THE QUEEN IN RIGHT OF CANADA as represented by the Minister of Veterans Affairs (the"Minister") AND the CITY OF NIAGARA FALLS as represented by the City Clerk (the"Recipient") Clause 2.2.1 of the Agreement will be replaced by the following: 2.2.1 $15,400(fifteen thousand and four hundred dollars)in the federal fiscal year 2015-2016 (commencing April 1,2015 and ending March 31,2016) ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME All other clauses contained in the Partnership Contribution Agreement remain unchanged.and in the event of any inconsistencies,the provisions of the current Amendment take precedence over those of the original Partnership Contribution Agreement. IN WITNESS WHEREOF having read the Amendment to the Contribution Agreement, the parties have signed: For the CITY OF NIAGARA FALLS as represented by the City Clerk at ,this day of ,2015. Per: Dean Iorfida Witness For HER MAJESTY THE QUEEN IN RIGHT OF CANADA as represented by the Minister of Veterans Affairs at ,this day of ,2015. Per Sue Foster.Assistant Deputy Minister Policy,Communications and Commemoration Veterans Affairs Canada Witness CITY OF NIAGARA FALLS By-law No. 2015 - A by-law to delegate all the powers and duties granted or vested in the Head of the Municipal Corporation for the purposes of the Municipal Freedom of Information and Protection of Privacy Act. WHEREAS pursuant to Section 3(3) of the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M.56 (the "Act"), the Council of a municipal corporation is the head of the municipality for the purposes of the Act if no head has been designated by by-law under Section 3(1) of the Act; WHEREAS By-law 96-44 designated the Mayor of the Corporation of the City of Niagara Falls as Head of the Municipal Corporation for purposes of the Act; and WHEREAS pursuant to Section 49(1) of the Act a Head may delegate a power or duty granted or vested in the head to an officer of the municipality subject to such limitations, restrictions, conditions and requirements as the head may set out in the delegation; and WHEREAS By-law 96-44 identified the City Solicitor as the Information and Privacy Co- ordinator, with the administrative powers and duties delegated by the Head; and WHEREAS since December 2005, the Information and Privacy Co-ordinator duties for the Corporation of the City of Niagara Falls have rested with the City Clerk; and WHEREAS the Mayor of the Corporation of the City of Niagara Falls as Head of the Municipal Corporation for purposes of the Act deems it necessary and expedient to delegate all the powers and duties granted or vested in it as the head for the purposes of the Act without any limitations, restrictions, conditions or requirements in accordance with Section 49(1) of the Act; WHEREAS it is appropriate to pass a new by-law reflecting the realities of the administration of the Act within the Corporation of the City of Niagara Falls and to properly delegate authority, as per the Act. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Pursuant to Section 49(1) of the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M.56 as amended, the Mayor of the Corporation of the City of Niagara Falls, in conjunction with Council, hereby delegates all the powers or duties granted or vested in it as the head to the City Clerk of the Corporation of the City of Niagara Falls without any limitations, restrictions, conditions or requirements. 2. By-law 96-44 is hereby repealed. Passed this fourteenth day of April, 2015. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: April 14, 2015. Second Reading: April 14, 2015. Third Reading: April 14, 2015. CITY OF NIAGARA FALLS By-law No. 2015 - A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 14th day of April, 2015. 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 14th day of April, 2015 including all motions, resolutions and other actions taken by the Council at its said meeting, are hereby adopted, ratified and confirmed as if they were expressly embodied in this by-law, except where the prior approval of the Ontario Municipal Board or other authority is by law required or any action required by law to be taken by resolution. 2. Where no individual by-law has been or is passed with respect to the taking of any action authorized in or with respect to the exercise of any powers by the Council, then this by-law shall be deemed for all purposes to be the by-law required for approving, authorizing and taking of any action authorized therein or thereby, or required for the exercise of any powers thereon by the Council. 3. The Mayor and the proper officers of the Corporation of the City of Niagara Falls are hereby authorized and directed to do all things necessary to give effect to the said actions of the Council or to obtain approvals where required, and, except where otherwise provided, the Mayor and the Clerk are hereby authorized and directed to execute all documents arising therefrom and necessary on behalf of the Corporation of the City of Niagara Falls and to affix thereto the corporate seal of the Corporation of the City of Niagara Falls. Passed this fourteenth day of April, 2015. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: April 14, 2015 Second Reading: April 14, 2015 Third Reading: April 14, 2015