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05/10/2016 ADDITIONS TO COUNCIL, TUESDAY, MAY 10, 2016 1. Change of Anthem singer for this week, Brittany Marotta will be in attendance Reports 1. Millennium Trail a) Correspondence from Allan Lent, Century 21 re: Millenium Trail b) Request to speak from Regional Councillor Selina Volpatti c) Request to speak from Paisley Janvary-Pool on behalf of the Recreation Committee 2. Copy of presentation - OLG Contribution Agreement Final Allocation Planning Meeting 1. PBD-2016-21 - 6158, 6174 amd 6180 Main Street a) Correspondence from Sue Mabee, District School Board of Niagara Resolutions 1. Therefore be it resolved that Niagara Falls City Council considers the 9th Annual Enbridge Ride to Conquer Cancer to be an event of municipal significance and supports the provision of a Special Occasion Liquor Licence (SOP) for the event. 2. Therefore be it resolved that in order to ensure that Niagara's Casinos retain their role as a vital local and regional employer, and build upon their role as a tourism attractor and generator of Provincial revenue, Niagara Falls City Council respectfully requests that the municipality play a significant role in the structuring of the Request for Pre Qualifications (RFPQ) and Request for Proposals (RFP), to ensure job retention and creation, economic development and investment are priorities and are weighted heavily in the selection process By-law 2016-43 A by-law to amend By-law No. 2008-224, being a by-law to prohibit or regulate the placing or erecting of signs, notices, and advertising devises on public and private property withing the City of Niagara Falls. Revised By-law 2016-49 A by-law to amend By-law No. 79-200 and repeal By-law No. 2009-75, to permit an expansion of a hotel and to permit a portion of the required parking to be provided off-site (AM-2010-003) Dean Iorfida Subject: FW: Anthem Singer Request From: THOMAS ANEZ [mailto:tanez@cogeco.ca] Sent: Saturday, May 07, 2016 9:51 PM To: Dean Iorfida Subject: RE: Anthem Singer Request Hi Dean - I apologize for all of these e-mails but our singer for this upcoming Tuesday is ill and unable to perform. Instead, here is the information for another singer that will perform in her stead. Brittany Marotta (muh-rott-ah) Eighteen year old Brittany is a grade 12 student at Notre Dame College High School who plans to attend a University music program in the fall of 2016. I would like to become a Music therapist. Music has always been her primary focus. Most of my time away from school is taken up by my music studies, competitions, and performances. She is currently working on my Grade 9 Royal Conservatory of Music Voice, Grade 6 Royal Conservatory of Piano and Royal Conservatory Basic Harmony. Musical performances include participating in St. Kevin's and St. Andrew's Church choirs, Robert Wood's Kids, Young Voices Niagara, and Chorus Niagara. Brittany has sung the National Anthem for the Niagara IceDogs, and auditioned for both the Toronto Maple Leafs and Toronto Blue Jays. She has also sung at the Welland Hospital Site and several Senior Homes. Brittany studies with Sandra Mason who is mentoring her with regards to her Royal Conservatory Of Music Vocal exams, University auditions and outside performances. LCA 1 Connected to More 55 55 55.centurA.2 I today.Cil F. mail: inrove c2I todas.net 1 K Today Realty Ltd. Brokerage luI/'rit I,ill/ '1'/tCd<urrl grrr',rtr l. May 8. 2016 To: Kathy Mouldenhauer. Director of Recreation & Culture: City of Niagara Falk. ON From: Allan E Lent Sales Representative Century 21 Today Realty, Ltd. Niagara Falk, ON Subject: Economic Benefit of Trails Within Communities Eg. Millenium Trail From my professional experience/knowledge and from what I have read on this subject, there are numerous benefits of having recreational trails within a municipality (economic as well as health). Walkable neighborhoods, parks and open land spaces are believed to generate economic benefits to local governments, home owners and businesses through higher property values. The economic benefits of open, walkable spaces can, therefore. play an important role in a municipality. Overweight and obesity rates have risen dramatically in the last 30-40 years and studies have shown that physical activity in both adults & children have also declined over these years. Community designs along with the availability of open spaces and recreation areas strongly influence how active people tend to be, People living in walkable neighborhoods get about 35 45 more minutes of moderate to intense physical activity per week, and are substantially less likely to be overweight or obese. than do people of similar socioeconomic status living in neighborhoods that are not walkable. Open spaces such as parks and recreation areas can have a positive effect on nearby residential property values,and can lead to proportionately higher property tax revenues for local municipalities. This therefore appears to be a win-win situation. 225 Garrison Road : 1(1'2 Prllharn I2oa<f 11' 7enev.i'itreet a :118723 Lrmrfy;l.nor Fort Erie.Onlaii0 00 BOX ?9 St.I:5/annes.onion,,) rdiagara rolls, )maria I SA 'Pd8 ronthill.Ontario O'N:'E8 L2H 1 HO Bus.19051 8(1 "'121 LOS 11=0 Slims. 9051,)J(-21:'I Bus !:)05) 156'1100 Sax. 19111)871 9522 Bus-(9Qh1 ti9_ 01;12 1.ax. 19051 0d6--l5.1.`, Fax i90S1.5)5.1)8,10 f9001 Connected to More Cer11U1Y911 ,,,.eentur '_I ioday.ca E mail: infoca'c'1 toda .net Today Realty- Ltd. B rokerage Open space in urban areas will increase the level of economic benefits to the surrounding property owners more than open space does in rural areas. So. increasing the percentage of open space land surrounding a property can significantly increase the average house price in the designated area. Open space and recreational facilities can require fewer public amenities/municipal services than new land development. offering a cost-effective alternative. Additionally, investnient In parks and open space does not incur some of the costs that often accompany residential development, such as traffic congestion, noise, pollution, infrastructure deterioration and changes in the current character of our community Consumers also seem willing to pay a premium (approx. 8-10 percent) to locate in walkable developments featuring open space, parks & recreational areas. We should also mention the mental health (as well as recreational) benefits of having these areas available. This. I feel, would further enhance our already 'high demand' area of Canada where not only families will be desiring to move to our beautiful Niagara area, but also retirees who would benefit from these additional opportunities to stay fit. s==�f Allan E. Lent Sales Representative, Century 21 Today Realty. Ltd. Niagara Falls. ON -2?b ;unison Read 102I'olha(n(load ._ 282 3oneva Street 10 8123 Lundy;Luau Furl Lne. Solaris 90 Bus'9 St,Cathannes.Ontano Niagara Fails.i)ntario 2A 11v18 . )ntat lo L 2N 0E8 L2H 1H3 3us.(9051•171 2121 0:; 1E0 Hus.;9051 646-21''1 Bus.(905)356-9100 F-ax. i9(15i 8l No;:' rNu. 1906)892 3(13? Fax (900646-.(b4h Fax. ,905) 1(6-0835 r,vlr•- Teresa Fabbro To: Dean Iorfida >On May 10, 2016, at 1:16 PM,Volpatti, Selina <Selina.Volpatti@niagararegion.ca>wrote: > >Can you register me as a delegation on the Millenium Trail tonight? Will that issue be right at 5? > > I hope I can sit in that same seat as a month ago, beside Serge. > >Also can I have a package put there for tonight ? > >Selina > >Sent from my iPhone >The Regional Municipality of Niagara Confidentiality Notice The information contained in this communication including any attachments may be confidential, is intended only for the use of the recipient(s) named above, and may be legally privileged. If the reader of this message is not the intended recipient,you are hereby notified that any dissemination, distribution, disclosure,or copying of this communication, or any of its contents, is strictly prohibited. If you have received this communication in error, please re-send this communication to the sender and permanently delete the original and any copy of it from your computer system.Thank you. Teresa Fabbro From: Beth Angle Sent: Tuesday, May 10, 2016 2:05 PM To: Dean Iorfida Cc: Kathy Moldenhauer;Teresa Fabbro Subject: deputation Hello Dean I am hoping to add Paisley Janvary-Pool as a deputation on behalf of the Recreation Committee tonight regarding the Millennium Recreational Trail development. Have you had any additional requests? Beth Beth Angle Community Development Coordinator Recreation&Culture Department City of Niagara Falls 7150 Montrose Road, Unit 1 Niagara Falls,ON L2H 3N3 905 356 7521 X 3336 905 356 7404 fax bangle@niagarafalls.ca 1 05/10/2016 City of Niagara Falls Ontario Lottery and Gaming Corporation Contribution Agreement Final Allocation March 31 , 2016 • .moi,:. May 10, 2016 \iagarafalls Council Established Priorities • Capital Asset Reinvestment • Tax Levy Reduction • Regional Policing Casino Unit • Economic Development Initiatives • New Hospital Reserve • Financial Stability (reserves) wilissimmissnme A GREAT CITY...FOR GENERATIONS TO COME \iagara)uIls 1 05/10/2016 2015-2016 Summary of Revenues and Expenditures TOTAL REVENUES $23,749,476 EXPENDITURES Approved in 2016 Budgets $16,495,239 Allocated Based on Percentage of Receipts 1,376,136 Approved Since Budget Approved 1,237,000 Capital Funding Allocated for Fed's Stimulus 1,702,101 Additional Capital Funding Allocated for Capital Projects 2.939.000 TOTAL EXPENDITURES $23,749,476 A GREAT CITY...FOR GENERATIONS TO COME \iagararull.s Proposed Additional Capital Projects Department Project Name Amount MW—Parks Firemans Park $290,000 MW—Parks Millennium Trail 615,000 MW—Roads Retaining Wall in Core tourist(CTA) 150,000 GG—IS—Tree Inventory Retaining Wall in Core tourist(CTA) 155,000 MW—Roads Crosswalk Improvements in Core Tourist Area 300,000 MW-Cemetery Storage Facilities 150,000 MW-Cemetery Road repairs in cemetery 50,000 FIRE-Buildings Fire Station 3 Washroom additions 300,000 TRANSPORTATION Specialized Service Scheduling System 100,000 TRANSPORTATION Electric Vehicle Charging Stations 25,000 TRANSPORTATION Pay and Display Machine 50,000 TRANSPORTATION Wash Rack Undercarriage 15,000 TRANSPORTATION Niagara Region Transportation Masterplan 25,000 ff.-4° A GREAT CITY...FOR GENERATIONS TO COME \'iagarap lls 2 05/10/2016 Proposed Additional Capital Projects Department Project Name Amount REC—Museum NF Museum security upgrades $5,000 REC—Coronation Coronation Centre North Wall 40,000 REC—Coronation Coronation Centre Basement Floor 12,000 REC—Arena Chippawa Arena Block Work 10,000 REC—CC MacBain Park Benches 10,000 MW-Parks Garner Recreation Trail(eng design) 12,000 MW-Parks Battlefield Site Development 65,000 MW-Parks Oaks Park Grandstands 375,000 MW-Parks Kalar Park Lot(eng design) 80,000 MW-Parks Garner Recreation Trail(eng design) 30,000 MW-Parks Ker Park Fencing 21,000 MW-Parks Palmer Park Fencing 21,000 MW-Parks Chippawa West Park Development(eng design) 33.000 Total Allocated $2,939,000 MIL A GREAT CITY...FOR GENERATIONS TO COME \iagaI-44i/IN 2015-2016 Allocation of OLG Contribute Agreement Revenue ■1. 10,945,601 Capital Works(46.09%) ■2. 5,945,000 Tax Levy (25.03%) 014 3. 4,200000 Fallsview $ Casino(17.68°/x) ■4. 1,376,136 To Reserves (5.79%) 5. 1,282,739 Economic Development Initiatives (5.40%) A GREAT CITY...FOR GENERATIONS TO COME \;agaraft( is 3 05/10/2016 Summary • Revenues increased from 2014-2015 to $23.7M • Allocation of funding consistent with previous direction of Council • Questions A GREAT CITY...FOR GENERATIONS TO COME \iagar aft/IIS 4 District School Board of Niagara Achieving Success Together 191 Carlton Street, St. Catharines, Ontario L2R 7P4 (905) 641-1550 Fax: (905) 685-8511 April 20, 2016 Mr. Alex Herlovitch, Director of Planning, Building & Development City of Niagara Falls, P.O. Box 1023, Niagara Falls, ON L2E 6X5 Dear Mr. Herlovitch: Re: Draft Plan of Subdivision, 26T-11-2016-001 Draft Plan of Common Elements Condominium, 26CD-11-2016-001 6158, 6174, and 6180 Main Street Thank you for circulating the District School Board of Niagara (DSBN) the above noted applications, drawings, a preliminary site plan, and other applicable background information. The draft Plan of Subdivision application proposed to create 5 blocks for future townhouses and a 6th block for common element features such as driveway, visitor parking, and landscaped area. The draft Plan of Common Elements Condominium application will establish common ownership of the 6th block by future townhouse dwelling owners. The property is currently zoned Residential Low Density, Grouped Multiple Dwellings (R4(H)-916), which permits the proposed townhouses subject to the lifting of a holding (H) provision. DSBN Planning staff has completed its review and has no objections to the applications. Future students from this area would be accommodated at Princess Margaret Public School (Gr. JK-8) and Stamford Collegiate Secondary School (Gr. 9-12). If you have any questions feel free to contact me at ext. 54225 ' -___ ____-/?'I Sue Mabee, MCIP, RPP Supervisor of Planning Services I` i`I I __Iv, ,010 CITY OFAIN. M.CANADA NIAGARA FADS. The City of Niagara Falls, Ontario Resolution No. Moved by Seconded by WHEREAS the 9th Annual Enbridge Ride to Conquer Cancer ( the "event") is a 2-day cycling fundraiser from Toronto to Niagara Falls; and WHEREAS the national event raises close to $20 million, annually; and WHEREAS on Sunday June 12th, 2016 approximately 3500 participants will conclude the event at the base of the Falls; and WHEREAS the organizers wish to be able to provide alcohol beverages at the conclusion of the event, in a properly fenced off area; and WHEREAS to obtain a Special Occasion Liquor Licence (SOP) from the Alcohol & Gaming Commission of Ontario (AGCO), the event requires a resolution of Council recognizing it as a public event of municipal significance. THEREFORE BE IT RESOLVED that Niagara Falls City Council considers the 9th Annual Enbridge Ride to Conquer Cancer to be an event of municipal significance and supports the provision of a Special Occasion Liquor Licence (SOP) for the event. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA JAMES M. DIODATI CITY CLERK MAYOR IP. rel! CITY OF• •CANADA NIAGAR The City of Niagara Falls, Ontario Resolution No. Moved by Seconded by WHEREAS Fallsview Casino Resort and Casino Niagara have made Niagara Falls the premier gaming destination in Canada; and WHEREAS it is imperative for the community that Niagara's two resort casinos maintain or increase employment and investment levels; and WHEREAS Niagara Falls City Council has twice, unanimously, gone on record (cf. Resolutions 2013-35 and 2015-16) calling upon the Ministry of Finance, through the Ontario Lottery & Gaming Corporation, to immediately include Niagara's two resort casinos in its' modernization plans, establish separately managed and rebranded operations, commit to the redevelopment of the two resort casinos and allow additional gaming sites in Niagara Falls; and WHEREAS Niagara Falls City Council has identified one of their strategic priorities for the 2015-2018 term as strengthening the competitiveness and prosperity of the two casinos and lobby for expansion of the gaming industry in Niagara Falls; and WHEREAS unlike other Ontario municipalities, the City of Niagara Falls and the Municipal Councils of the day have shown unanimous support for gaming in our community; and WHEREAS Niagara's two resort casinos are now included in the Ontario Lottery & Gaming Corporation's (OLG) modernization framework; and WHEREAS being part of the OLG's modernization framework will allow Niagara's two resort casinos to realize their true, full potential to become compelling and integral elements in attracting tourists to the City of Niagara Falls. THEREFORE BE IT RESOLVED in order to ensure that Niagara's Casinos retain their role as a vital local and regional employer, and build upon their role as a tourism attractor and generator of Provincial revenue, Niagara Falls City Council respectfully requests that the municipality play a significant role in the structuring of the Request for Pre Qualifications (RFPQ) and Request for Proposals (RFP), to ensure job retention and creation, economic development and investment are priorities and are weighted heavily in the selection process. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA JAMES M. DIODATI CITY CLERK MAYOR 1.101 1,` y N/ACA0.♦ FAUT. The City of Niagara Falls, Ontario Resolution May 12, 2015 No. 16 Moved by Councillor Thomson Seconded by Councillor Morocco WHEREAS in 2013, Niagara Falls City Council unanimously approved Resolution 2013-35, which called upon the Ministry of Finance, through the Ontario Lottery&Gaming Corporation, to immediately include Niagara's two resort casinos in its'modernization plans by establishing separately managed, rebranded operations, redevelopment of the two resort casinos and allow additional gaming sites in Niagara Falls; and WHEREAS with a subsequent municipal election, it is appropriate for the new Council to reiterate its' support for Resolution 2013-35; and WHEREAS Niagara Falls City Council has identified one of their strategic priorities for the 2015-2018 term as strengthening the competitiveness and prosperity of the two casinos and lobby for expansion of the gaming industry in Niagara Falls; and WHEREAS unlike other Ontario municipalities, the City of Niagara Falls and the Municipal Councils of the day have shown overwhelming majority support for gaming in our community: and WHEREAS Fallsview Casino and Casino Niagara have made Niagara Falls, arguably, the premier gaming destination in Canada; and WHEREAS the Niagara's two resort casinos are not included in the Ontario Lottery&Gaming Corporation's (OLG) modernization framework; and WHEREAS Niagara Falls City Council and local stakeholders are concerned Niagara's two resort casinos are at risk of falling behind due to an outdated business model that is not competitive within OLG's new modernization framework: and WHEREAS recent experience proves the significant capital and operating changes Niagara's casinos will need to survive in an era of increased domestic and New York State competition are not possible with the OLG's existing operating model; and WHEREAS it is imperative for the community that Niagara's two resort casinos maintain or increase employment and investment levels; and WHEREAS Niagara Falls City Council believes the best way to ensure Niagara's two casinos retain their role as significant local/regional employers and restore their traditional role as generators of provincial revenue and tourism attractors is through the introduction of product diversification, new investment, such as a new 7000 seat theatre, and distinct and relevant branding differentiating Niagara's two resort casinos; and WHEREAS being part of the OLG's modernization framework will allow Niagara's two resort casinos to realize their true, full potential to become compelling and integral elements in attracting tourists to the City of Niagara Falls; and WHEREAS Niagara, being an iconic global brand, should be the Province's premier resort casino destination, with a goal of permitting additional resort casinos to be established in Niagara Falls; THEREFORE BE IT RESOLVED that the City of Niagara Falls, a willing and supportive host of a minimum of two casinos, respectfully requests the Premier and Minister of Finance to direct OLG to immediately include Niagara's two resort casinos in its' modernization plans by establishing separately managed, rebranded operations, redevelopment of the two resort casinos and allow additional gaming sites in Niagara Falls; and FURTHER BE IT RESOLVED that Niagara Falls Council respectfully request that the Request for Proposal for the operation of the Niagara casinos under the new modernization model be issued in this fiscal year. Carried Unanimously AND The Seal of the Corporation be hereto affixed. D AN IOR DA/ JAMES M. DIODATI CITY CL K MAYOR in 1' p (IC[ o C.oL NIAGARA 94 The City of Niagara Falls, Ontario Resolution August 13. 2013 No. 35 Moved by Councillor Pietrangelo Seconded by Councillor Gates WHEREAS unlike other Ontario municipalities.the City of Niagara Falls and the Municipal Councils of the da` have shown overwhelming majority support for gaming in our community; and WHEREAS Fallsview Casino and Casino Niagara have made Niagara Falls, arguably. the premier gaming destination in Canada: and WHEREAS the Niagara's two resort casinos are not included in the Ontario Lottery & Gaming Corporation's (OW) modernization framework: and WHEREAS Niagara Falls City Council and local stakeholders are concerned Niagara's two resort casinos are at risk of falling behind due to an outdated business model that is not competitive within OLG's new modernization framework: and WHEREAS recent experience proves the significant capital and operating changes Niagara's casinos will need to survive in an era of increased domestic and New York State competition arc not possible with the OLG's existing operating model; and WHEREAS recent experience shows that Niagara's two resort casinos have failed to maintain employment and investment levels; and WHEREAS Niagara Falls City Council believes the best way to ensure Niagara's two casinos retain their role as significant local/regional employers and restore their traditional role as generators of provincial revenue and tourism attractors is through the introduction of product diversification. new investment,such as a new 7000 seat theatre.and distinct and relevant branding differentiating Niagara's two resort casinos; and WHEREAS being part of the OLG's modernization framework will allow Niagara's two resort casinos to realize their true, full potential to become compelling and integral elements in attracting tourists to the City of Niagara Falls; and WHEREAS Niagara, being an iconic global brand, should be the Province's premier resort casino destination, with a goal of permitting additional resort casinos to be established in Niagara Falls: THEREFORE BE IT RESOLVED that the City of Niagara Falls, a willing and supportive host of a minimum of two casinos,respectfully requests the Premier and Minister of Finance to direct OLG to immediately include Niagara's two resort casinos in its' modernization plans by establishing separately managed_ rebranded operations, redevelopment of the two resort casinos and allow additional gaming sites in Niagara Falls; and FURTHER BE IT RESOLVED that Niagara Falls Council respectfully request that the Request for Proposal for the operation of the Niagara casinos under the new modernization model be issued in this fiscal \ear. Carried Unanimously AND The Seal of the Corporation be hereto affixed. (" D N 10 I A JAMES M. DIODATI CITY CLERK MAYOR CITY OF NIAGARA FALLS By-law No. 2016 - 43 A by-law to amend By-law No. 2008-224, being a by-law to prohibit or regulate the placing or erecting of signs, notices, and advertising devises on public and private property within the City of Niagara Falls. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. By-law No. 2008-224 is amended by adding the following subsection: "21.10 Site Specific Provisions 21.10.3 Notwithstanding the provisions contained in section 5.0 Table 3 hereof to the contrary, one pylon sign shall be permitted on the lands at the northeast corner of Thorold Stone Road and Kalar Road, being PIN 64296-0194, that is the location of a gas station known as 8267 Thorold Stone Road, and shall: i. be located not less than 42 metres from the north property line and not less than 82 metres from the east property line; ii. have a maximum height of 8 m; iii. have a maximum sign area of 13 sq. m.; and iv. have the lights dimmed between the hours of 11 pm and 7 am." Passed this tenth day of May, 2016. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: May 10, 2016 Second Reading: May 10, 2016 Third Reading: May 10, 2016 CITY OF NIAGARA FALLS By-law No. 2016 - A by-law to amend By-law No. 79-200 and repeal By-law No. 2009-75, to permit an expansion of a hotel and to permit a portion of the required parking to be provided off-site (AM-2010-003). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by-law are described on Schedules 1 and 2 of this by-law and shall be referred to in this by-law as the "Lands". Schedules 1, 2 and 3 are a part of this by-law. 2. The purpose of this by-law is to amend the provisions of By-law No. 79-200, to permit the use of the Lands in a manner that would otherwise be prohibited by that by-law. In the case of any conflict between a specific provision of this by-law and any existing provision of By-law No. 79-200, the provisions of this by-law are to prevail. 3. Notwithstanding any provision of By-law No. 79-200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 4. The permitted uses shall be: (a) The uses permitted in a TC zone on the portion of the Lands labeled TC-1021 (b) The uses permitted in a TC zone on the portion of the Lands labeled TC-1022 (c) A satellite parking area and an accessory administration/security/employee building on the portion of the Lands labeled P-1023 5. The regulations governing the permitted TC-1021 uses on the portion of the Lands labeled TC-1021 shall be: (a) Deemed lot the whole of the Lands labeled TC-1021 shall be considered one lot (b) Minimum lot area the whole of the Lands labeled TC-1021, save and except for any part of the Lands that may be required to be dedicated for the purpose of road widening (c) Location of various refer to Schedule 3 and clause (d) of this components of the building or section structure, their maximum height and maximum number of storeys and minimum yards (d) Maximum height of a building 100 metres and 30 storeys, whichever is or structure and maximum lesser, as measured from Geodetic Survey number of storeys of Canada elevation 203.21 metres, which shall include the roof feature as required by clause (e) of this section and is subject to section 10 of this by-law (e) Roof feature a building having a height greater than 53 metres shall have a roof feature which has a 2 height of not less than 15 metres above the top storey. The roof feature shall be a distinct architectural element of the building and shall not contain a place of occupancy (f) Location of parking (i) a maximum of 125 required parking spaces that cannot be provided on the Lands labeled TC-1021 shall be provided within a parking area on the Lands labeled T-1022 (ii) a maximum of 368 required parking spaces that cannot be provided on the Lands labeled TC-1021 shall be provided within a parking area on the Lands labeled P-1023 (g) Minimum number of loading 2, in accordance with the dimensions spaces contained in section 4.20.1 of By-law No. 79- 200 (h) Decorative wall or fence a decorative wall or fence, made of stone, masonry brick, wrought iron or equivalent material, shall be erected along and adjacent to any lot line that abuts a street and a parking area, save and except for driveways and pedestrian entrances. The decorative wall or fence shall be a minimum of 0.9 metre in height and a maximum of 1.2 metres in height (i) The balance of regulations specified for a TC use 6. The regulations governing the development of a parking area on the portion of the Lands labeled TC-1022 shall be: (a) Decorative wall or fence a decorative wall or fence, made of stone, masonry brick, wrought iron or equivalent material, shall be erected along and adjacent to any lot line that abuts a street, save and except for driveways and pedestrian entrances. The decorative wall or fence shall be a minimum of 0.9 metre in height and a maximum of 1.2 metres in height (b) The balance of regulations specified for a TC use 7. The regulations governing the permitted P-1023 uses on the portion of the Lands labeled P-1023 shall be: (a) Minimum lot area the whole of the Lands labeled P-1023, save and except for any part of the Lands that may be required to be dedicated for the purpose of road widening 3 (b) Minimum yard widths (i) between points B and D 35 metres (ii) between points J and K 10 metres (iii) between points K and L none required (iv) between points L and M 11 metres, save and except for one 90.4 square metre security kiosk/structure which may be as close as 0.88 metre to the property line lying between points A and B and up to the property line lying between points L and M (c) Maximum floor area 2,800 square metres (d) Maximum height of building or 10 metres structure (e) Minimum width of landscape strips along and adjacent to the property lines, save and except for any driveway entrances (i) between points A and B none required and B and C (ii) between points C and D 12 metres (iii) between points D and E 6.5 metres (iv) between points E and F 7 metres (v) between points F and G none required and H and I (vi) between points I and J 7.5 metres and J and K (vii) between points K and L none required and L and M (f) Maximum number of parking 680, of which 220 may be employee parking spaces spaces (g) Minimum height of masonry 4.5 metres, save and except for between wall between a parking area and along points K and L and L and M, and the perimeter of the where no masonry wall shall be required, property, save and except for and save and except for between and along driveway entrances points A and B, where the masonry wall shall be a maximum height of 1.0 metre within 6.4 metres from the Dunn Street road allowance and the masonry wall shall be a maximum height of 2.0 metres between 6.4 metres and 4 16.8 metres from the Dunn Street road allowance (h) The balance of regulations specified for a P use 8. For the purpose of this by-law: "administration/security/employee building" means a building wherein administrative, security and employee services are provided for the uses permitted under section 4 of this by-law and shall be limited to an office, health centre and day nursery; "commercial parking lot" means an area used for the temporary parking or storing of vehicles for profit or gain; "masonry wall" means an acoustical barrier which has a surface density of not less than 20 kilograms/square metre; "roof feature" means a distinct architectural element erected above the top storey of the hotel tower component and shall not contain a place of occupancy or be used for commercial purposes, unless otherwise permitted by this by-law, but shall be provided for the purposes of enhancing the design of the hotel and may enclose any roof mounted mechanical equipment, mechanical penthouses, or other similar elements. Notwithstanding section 4.7 of By-law No. 79-200, and except for any flagpoles, or other similar decorative roof features, and radio, telephone, television or telecommunications towers or antennae, no water tank, elevator or other mechanical penthouse shall have a height greater than the roof feature; and "satellite parking lot" means an area of land or part thereof which is provided and maintained for the purpose of temporary parking of or storing automobiles that are necessary for the uses permitted under section 4 of this by-law, but does not include a commercial parking lot. 9. All other applicable regulations set out in By-law No. 79-200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 10. No person shall use the Lands for a use that is not a permitted use. 11. No person shall use the Lands in a manner that is contrary to the regulations. 12. The provisions of this By-law shall be shown on Sheets C5 and D5 of Schedule "A" of By-law No. 79-200 by renumbering the Lands from 860, in part, to 1021, in part, from 861, in part, to 1022, in part, and 862, in part, to 1023, in part. 13. Section 19 of By-law No. 79-200 is amended by deleting sections 19.1.860, 19.1.861 and 19.1.862. 14. Section 19 of By-law No. 79-200 is amended by adding thereto: 19.1.1021 Refer to By-law No. 2016- 19.1.1022 Refer to By-law No. 2016- 19.1.1023 Refer to By-law No. 2016- 5 15. By-law No. 2009-75 is repealed. Passed this tenth day of May, 2016. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: May 10, 2016 Second Reading: May 10, 2016 Third Reading: May 10, 2016 S:\ZONI NGW MS\2010\By-laws\byam003.docx SCHEDULE 1 TO BY-LAW No. 2016- Subject Land; MURRAY ST m LU Q w J �S' 14.4 m 0 2f6 tai 1.5 m 5 34.3m 8.9m 57 to 10.8 m / /1// C N 4TC /,1021 ••4 • /'/; / M / •/// i M • 98.9 m 39.4 m 72.8 m DIXON ST 8.6 m PARCEL 1 w PARCEL 2 c 5 Amending Zoning By-law No. 79-200 Description: Parcel 1: Pt Range 13-15 PI 1; Pt Dixon St, Buchanan St PI 1 Being Fallsview Blvd (Formerly Buchanan St, Formerly Buchanan Av) As Closed By R0430946 & R097685, As In R0777941 Except PI 1 On SN63195; T/W Easement Over Pt Range 14 PI 1 Being Pts 2 &3 59R13979 As In SN243725; S/T Easement Over Pt Ranges 14 & 15 PI 1, Pt Of Buchanan Avenue PI 1 Being Fallsview Boulevard (Formerly Buchanan Street, Formerly Buchanan Avenue) As Closed By R0430946 & R0987685, Pts 1 &4 59R13979, In Favour Of Pt Of Ranges 14-16 PI 1 As In R0585864, Except Pt 1 59R7271, Pt Ranges 14-16 PI 1, Pt 1 59R6575, Pt Of Range 14 PI 1, As In R0773864, Pt Ranges 16 & 17 PI 1 As In R0754194 & R0773864, Except Pts 2, 3, 4 & 5 59R12018 & Pt 1 ry 59R13426 As In SN243726 City Of Niagara Falls Parcel 2: Pt Range 13 PI 1 Stamford Pt 2 & 3 59R7404; Niagara Falls Applicant: 1712093 Ontario Limited Assessment #s: 272503000818000 2100422 Ontario Limited 272507000312500 i:nts AM-2010-003 K:\GIS_Requests\2010\Schedule\ZoningAM\AM-03\mapping.maP May 2016 SCHEDULE 2 TO BY-LAW No. 2016- Subject Land // Q a J Q O � O J 9.4 m 11.6 m A DUNN ST Lri 30.4 m PARCEL 3 7u4i A 3 , 3 •. mi E En ioI 3 Z ' j�% - N N Q o / N TOg` ' ' 3 ' • 011 / X1023'% / / /, '4/S / ',/:/// 7://,///://///// ///,/ / /i / '// oR .//1' //;;"7///:///////////////f,;,'/ 1 'i/,j 149.2 m L 143.7 m 12.4 m Amending Zoning By-law No. 79-200 Description: Pt BIk 40 PI 1 & Pt Twp Lt 160 Stamford, Pts 8-12 59R13057; S/T Easement Over Pts 9 & 11 59R13057 As In R0196402; S/T Easement Over Pts 8-12 59R13057 For The Benefit Of Pts 1-7 59R13057 As In SN 118444; T/W Easement Over Pt 3 59R13057 As In SN118443; T/W Easement Over Pts 1-7 59R13057 As In SN118443; Niagara Falls Applicant: 1712093 Ontario Limited N 2100422 Ontario Limited s Assessment #s: 272508000211100 tants AM-2010-003 K:\GIS_Requests\2010\Schedule\ZoningAM\AM-03\mapping.map April 2016 SCHEDULE 3 TO BY-LAW No. 2016- 19.5 m 2.0 m g30��1 14.4 m 45m -----2.3-.0•‘‘• -.0,2 8.9 m E 4 2.0 m 3A3m / 6.0 m s, 1.5m E 2? `" / " '1111414%,„,,,, 3LLn7� 28.5m �' � r , • E E N cAliliSksiob_ 00 rn rn E /111, 27.4-m 39.4m 8.6m 67.0 m N 5.8 m DIXON STsu- r ?.. , _I,-'_vari_ 203.21 m 1:nts Amending Zoning By-law B -law No. 79-200 Description: Pt Range 13-15 PI 1; Pt Dixon St, Buchanan St PI 1 Being Fallsview Blvd (Formerly Buchanan St, Formerly Buchanan Av) As Closed By R0430946 & R097685, As In R0777941 Except PI 1 On SN63195; T/W Easement Over Pt Range 14 PI 1 Being Pts 2 & 3 59R13979 As In SN243725; S/T Easement Over Pt Ranges 14 & 15 PI 1, Pt Of Buchanan Avenue PI 1 Being Fallsview Boulevard (Formerly Buchanan Street, Formerly Buchanan Avenue) As Closed By RO430946 & R0987685, Pts 1 &4 59R13979, In Favour Of Pt Of Ranges 14-16 PI 1 As In RO585864, Except Pt 1 59R7271, Pt Ranges 14-16 PI 1, Pt 1 59R6575, Pt Of Range 14 PI 1, As In RO773864, Pt Ranges 16 & 17 PI 1 As In R0754194 & R0773864, Except Pts 2, 3, 4 & 5 59R12018 & Pt 1 59R13426 As In 5N243726; City Of Niagara Falls Building Heights Applicant: 1712093 Ontario Limited Tower and Building Components Above Geodetic 2100422 Ontario Limited Survey of Canada; Elevation 203.21m Maximum No. Maximum Maximum No. Maximum Assessment #s: 272508000211100 of Storeys Height of Storeys Height Tower Podium MI 18 53m i/ 5 15.2m Rest of Site MI 30 100m 4 12m AM-2010-003 K:\GIS Requests\2010\Schedule\ZoningAM\AM-03\mapping.map May 2016