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2018/07/10 City of Niagara Falls Agenda City Council Meeting Tuesday, July 10, 2018 @ 5:00 PM Council Chambers Page 1. IN CAMERA SESSION OF COUNCIL 4:00 P.M. 1.1. In Camera Resolution July 10 11 2. CALL TO ORDER 2.1. 2018-70 A by-law to appoint Councillor Vince Kerrio as Acting Mayor. Acting Mayor 12 2.2. O Canada to be sung by Geena Prestia. Anthem Singer July 10 13 3. ADOPTION OF MINUTES 3.1. Council Minutes of June 8, 2018. City Council - 19 Jun 2018 - Minutes - Pdf 14 - 37 4. DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. 5. MAYOR'S REPORTS, ANNOUNCEMENTS 6. DEPUTATIONS / PRESENTATIONS 6.1. Adult Business Licencing Delegation Bill Matson, Acting City Clerk will update Council on the transition of the Business Licencing with regards to Adult Entertainment. Page 1 of 340 Jeanette Goemans, Business Improvement Manager, Niagara Region and a representative from Niagara Police Services will be p resent to answer any questions. 6.2. CN Trail Operations Neil Ahmed, P. Eng., from WSP Canada Group will be providing an update on the CN Train operations project. -AND- TS-2018-19 - Impacts of CN Train Operations on the City of Niagara Falls - Project Update TS 2018-19 Impacts of CN Train Operations on the City of Niagara Falls - Project Update CN Train Operations Impact Study 38 - 75 7. PLANNING MATTERS 7.1. Public Meeting AM-2017-022, Zoning By-law Amendment Application, Part of Lot 3, Broken Front Concession (Welland River) ,Applicant: Alex and Sheila Charkot, Proposal: Proposed Single Detached Dwelling Background Report: PBD-2018-42 PBD-2018-42, AM-2017-022, Zoning By-law Amendment 76 - 84 7.2. Public Meeting AM-2018-008, Zoning By-law Amendment Application, 26CD-11-2018- 004, Plan of Vacant Land Condominium Northwest corner of Kalar Road and Mulberry Drive (Block 88, Plan 59M-388) 26CD-11-2018-005, Plan of Vacant Land Condominium,7787 and 7913 Kalar Road, 26CD-11-2018-006, Plan of Vacant Land Condominium, 8273 Tulip Tree Drive. Applicant: Imagine Townhomes GP Inc., Agent: Upper Canada Consulting (Jennifer Vida) Background Report: PBD-2018-43 PBD-2018-43, AM-2018-008, 26CD-11-2018-004, 005, 006, Warren 85 - 117 Page 2 of 340 Woods Condo Blocks AM-2018-008 Petition 7.3. Public Meeting AM-2018-010, Zoning By-law Amendment Application, Lots 79 & 80, Plan 193 Lands on the North Side of McLeod Road, East of Sharon Avenue. Proposal: 2 ½ storey, 6 Unit Apartment Building Applicant: Tom Vattovaz Agent: Jeannine Yager-Aiello Background Report: PBD-2018-44 PBD-2018-44, AM-2018-010, North Side McLeod Rd West of Sharon St, Zoning By-law Amendment Correspondence from Giuseppe Buonamassa & Maria Filomena Centonze Correspondence from Joseph Macai and Marie Therese Macai Correspondence from Lise Grieve Correspondence from Giuseppe Buonamassa and Maria Filomena Centonze 118 - 129 7.4. Public Meeting AM-2017-012, Zoning By-law Amendment Application, West Side of Victoria Ave, Between 4835 and 4893 Victoria Ave Lots 142 -144 and Part Lot 145; New Plan 1002,Applicant: Hatem Swais Background Report: PBD-2018-46 PBD-2018-46, AM-2017-012 4865 Victoria Ave, Hatem Swais Correspondence from Brett Palmer Correspondence from Kim Snyder 130 - 142 7.5. Public Meeting AM-2018-014, Zoning By-law Amendment Application 143 - 150 Page 3 of 340 8215 Heartland Forest Road Proposal: Rezone Lands in Accordance with Official Plan Policies Applicant: City of Niagara Falls on behalf of Heartland Forest Nature Experiences Background Report: PBD-2018-47 PBD-2018-47, AM-2018-014, 8215 Heartland Forest Rd, Zoning By-law Amendment 8. INTEGRITY COMMISSIONER REPORTS 8.1. Report to Council on a Resolution made Concerning a Prior Integrity Commissioner Report to Council Report to Council from Janet Leiper 151 - 152 8.2. Report to Council on a Resolution Made Complaint Alleging a Violation of the Code of Conduct for Members of Council. Report to Council from Janet Leiper (2) 153 - 156 9. REPORTS 9.1. F-2018-28 - Municipal Accounts F-2018-28 Municipal Accounts F-2018-28 Attachment 157 - 171 9.2. F-2018-27 - Niagara Regional Housing Property Tax Exemption F-2018-27 Niagara Regional Housing (NRH) Property Tax Exemption F-2018-27 Attachment 172 - 201 9.3. PBD-2018-39 - Matters Arising from Municipal Heritage Committee, 2018 Designated Property Grant Doran/Marshall/Burke House 4851 River Road, Carriage Doors on Coach House PBD-2018-39, Matters Arising from MHC, DPG-4851 River Road 202 - 205 9.4. PBD-2018-40 - PLC-2018-002, Request for Removal of Part Lot Control Lots 15 and 19, Plan 59M-427. Southgate Estates Plan of Subdivision. Applicant: Zaph Developments (Niagara) Inc. PBD-2018-40, PLC-2018-002, Request for Removal of Part Lot Control Southgate Estates 206 - 210 Page 4 of 340 9.5. PBD-2018-45 - Modification to Draft Plan Approval for Terravita Subdivision, 6486 Mountain Road. Applicant: Kenmore Homes ( Niagara Falls) Inc. (Jennifer Kaufman) Agent: Upper Canada Consulting ( Jennifer Vida) PBD-2018-45, Redline Revisions to Draft Plan Approval (Terravita Subdivision) 211 - 224 9.6. R&C-2018-13 - 2018 Sports Wall of Fame Inductees R&C-2018-13 2018 Sports Wall of Fame Inductees R&C-2018-13 Attachment #1 225 - 227 10. RESOLUTIONS 10.1. AMO Stands with Canada and Ontario on NAFTA July 10 AMO - NAFTA 228 - 229 10.2. Modification to the Draft Plan for Terravita Subdivision July 10 Terravita resolution 230 11. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 11.1. Resident Petition – Holding Elected Officials to a Higher Standard. Regional Council Received and Circulated the attached correspondence and asked that local area municipalities comment. RECOMMENDATION: For the Information of Council Niagara Region - Petition - Elected Officials to a Higher Standard 231 - 233 11.2. Heartland Forest – On October 10th,the Annual Pumpkinfest Celebration is requesting donation of services for shuttle transportation to and from Niagara Square / Heartland Forest RECOMMENDATION: For Council’s Consideration Heartland Forest 234 - 235 11.3. Celebration of Nations – September 7-9, 2018 – Requesting Council consider sponsorship opportunities for a gathering of indigenous arts, culture and tradition. The event is taking place in St. Catharines at the FirstOntario Performing Arts Centre. RECOMMENDATION: For Council’s Consideration Celebration of Nations 236 - 237 Page 5 of 340 11.4. Niagara Falls Night of Art - Taking place September 20, 2018 at the Niagara Falls History Museum. Relief is being sought from the City's noise by-law until 11:00 p.m. that evening as well as a request from Council to declare the event one of Municipal Significance to assist with the liquor licence from the AGCO. RECOMMENDATION: For Council's Consideration Night of Art 238 - 239 11.5. Niagara Region - Trade with the United States and Protecting Canadian Jobs - Correspondence from the Region that was asked to be circulated to local area municipalities. RECOMMENDATION: For Council's Consideration Niagara Region- Motion respecting Trade 240 11.6. Taps Brewing Co. Inc. - requesting relief of the City's Noise By-law for a Local Band Concert scheduled August 10th, playing until midnight. RECOMMENDATION: For Council's Consideration Taps Brewery 241 - 247 11.7. Stamford Center Volunteer Fireman’s Association – requesting that the City create and donate 8 metal signs containing the wording, “No Alcohol Beyond This Point”, to be used in Fireman’s Park. RECOMMENDATION: For Council’s Consideration Signage (SCVFA) 248 - 249 11.8. Lundy’s Lane BIA – Additions of Raphael Hermossa and Ewelnia Polujanska to the Board of Directors. RECOMMENDATION: For the Approval of Council. Lundy's Lane BIA 250 11.9. Counterpart Brewing Liquor Licence - request from Mr. Greg Gnys or Counterpart Brewing, 3659 Stanley Avenue, seeking a motion of Council supporting an application to the AGCO to obtain a "By-the-Glass" & "Tied-House" Liquor Sales Licence to sell and serve their beer to patrons on the premises of their brewery. RECOMMENDATION: For the Approval of Council 251 Page 6 of 340 Clerk's Memo - Liquor Licence Request 11.10. 8th Annual Heaters Heroes Run for Children – requesting that Council grant an extension to the City’s Noise By-law until 11:00 p.m. on Saturday August 11, 2018 for their annual event taking place at Oakes Park, and that Council declare the event as being municipally significant so as to assist with the liquor licence through the AGCO. RECOMMENDATION: For the Consideration of Council Heaters Heros 252 11.11. Hydro Canal – Correspondence from Mr. Greg Baynes regarding the possibility of renaming the Hydro Canal that is owned and operated by Ontario Power Generation Inc. RECOMMENDATION: For the Information of Council Nikola Tesla Power Canal 253 - 254 11.12. Letter of Correspondence – from John Bacher regarding the Official Plan Amendment #128, By-law #2018-76 (formerly listed as by-law 2018-75). RECOMMENDATION: For the Information of Council Correspondence from John Bacher 255 - 256 12. RATIFICATION OF IN CAMERA MATTERS 13. BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by-law listed for Council consideration. 2018-71 - A by-law to authorize the execution of an Amendment and Renewal Agreement with the District School Board of Niagara and the Niagara Catholic District School Board, respecting the use of the artificial turf field at Kalar Sports Park. Execution re Amendment and Renewal Agreement DSBN and NCDSB - Artifical Turf - Kalar Sports Park 257 - 260 2018-72 - A by-law to authorize the payment of $8,240,905.01 or General Purposes. 06 - Municipal Accounts 180710 261 Page 7 of 340 2018-73 - A by-law to amend By-law No. 2002-081, being a by-law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by-laws. 2018 July 10 By-law Enforcement Officers 262 - 263 2018-74 - A by-law to amend By-law No. 79-200, to permit the use of the Lands for 37 townhouse dwelling units and recognize the existing semi-detached dwelling (AM-2018-006). By-law AM-2018-006 By-law AM-2018-006 Schedule 1 264 - 266 2018-75 - A by-law to amend By-law No. 79-200, to bring the zoning of the Lands into conformity with the City’s Official Plan and to recognize existing development on the Lands (AM2018-014). By-law AM-2018-014 By-law AM-2018-014 Schedule 1 267 - 270 2018-76 - A by-law to provide for the adoption of Amendment No. 128 to the City of Niagara Falls Official Plan (OPA #128). By-law OPA 128 By-law OPA 128 Map 1 - Amendment to Schedule A By-law OPA 128 Map 2 - amendment to A-1 By-law OPA 128 Map 3 - Schedule A-6 By-law OPA 128 Map 4 - Schedule A-6(a) 271 - 302 2018-77 - A by-law to provide for the adoption of Amendment No. 129 to the City of Niagara Falls Official Plan (AM-2018-006). By-law OPA 129 By-law OPA 129 Map 1 303 - 306 2018-78 - A by-law to designate Lots 15 and 19, Registered Plan 59M- 427, not be subject to partlot control (PLC-2018-002). By-law PLC-2018-002 307 2018-79 - A by-law to establish certain lands as a public highway to be known as, and to form part of, Oldfield Road. 308 Page 8 of 340 Establish Public Highway - Part of Oldfield Rd 2018-80 - A by-law to establish Part 3 on Reference Plan 59R16075 as a public highway to be known as, and to form part of Hodgson Avenue. By-Law to Establish Highway - Part Block A, Hodgson Ave 309 2018-81 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Stopping Prohibited, Heavy Vehicle Restriction) Jul 10 - Dyson, Mount Carmel, Pettit 310 - 311 2018-82 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Stopping Prohibited, Standing Prohibited, Parking Meter Zones, Taxi Stands, Loading Zones, Stop Signs at Intersections) Jul 10 - Livingston 312 - 317 2018-83 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Stopping Prohibited, Standing Prohibited, Parking Prohibited, Parking Meter Zones, Taxi Cab Stands, Loading Zones) Jul 10 - Ferry, Victoria 318 - 322 2018-84 - A by-law to authorize entering into an agreement for services related to the Live Adult Business Licensing By-law. Adult Business Licensing Delegation By-law 323 - 324 2018-85 - A by-law to amend By-law No. 2002-081, being a by-law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by-laws. 2018 July 10 By-law Enforcement Officers 325 - 328 2018-86 - A by-law to provide for the levy and collection of sums required by the Main and Ferry Business Improvement Area for the year 2018. Main and Ferry BIA Levy 329 - 330 2018-87 - A by-law to authorize the execution of an Agreement with Niagara Regional Broadband Network Limited, respecting the use of a portion of land for the purposes of storing equipment to be located at, 3200 Stanley Avenue, Niagara Falls. By-Law - Execution of Agreement - NRBN - Equipment Storage at Service Centre 331 - 339 Page 9 of 340 Agreement - CNF & NRBN - Equipment Storage at Service Centre 2018-88 - A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 10th day of July, 2018. 07 10 18 340 14. NEW BUSINESS 15. ADJOURNMENT Page 10 of 340 The City of Niagara Falls, Ontario Resolution July 10, 2018 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 is if the subject matter falls under one of the exceptions under s. 239(2) of the Municipal Act, 2001. THEREFORE BE IT RESOLVED that on July 10, 2018 at 4:00 p.m., Niagara Falls City Council will go into a closed meeting, prior to their regularly scheduled meeting at 5:00 p.m., to consider matters that fall under s. 239(2)(c), a proposed or pending acquisition or disposition of land, and s. 239(2)(k), a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality. AND The Seal of the Corporation be hereto affixed. WILLIAM G. MATSON JAMES M. DIODATI ACTING CITY CLERK MAYOR Page 11 of 340 CITY OF NIAGARA FALLS By-law No. 2018 - 70 A by-law to appoint Councillor Vince Kerrio as Acting Mayor. WHEREAS Section 242 of the Municipal Act, 2001 provides that a municipality may by by-law or resolution appoint a member of the Council to act in the place of the head of Council when the head of Council is absent or refuses to act or the office is vacant and while so acting such member has all the power and duties of the head of Council; and WHEREAS the office of Mayor of the City of Niagara Falls may be vacant as a result of James M. Diodati being absent from time to time; and WHEREAS the said Council deems it desirable to appoint an Acting Mayor in the absence of James M. Diodati. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Councillor Vince Kerrio is hereby appointed Acting Mayor when necessary. 2. Upon James M. Diodati’s return, he shall resume his appointment as Mayor, together with all powers and duties associated with that office. 3. This by-law becomes repealed on November 30, 2018. Passed this tenth day of July, 2018. .......................................................................... ...................................................... WILLIAM G. MATSON, ACTING CITY CLERK VINCE KERRIO, ACTING MAYOR First Reading: July 10, 2018. Second Reading: July 10, 2018. Third Reading: July 10, 2018. Page 12 of 340 July 10, 2018 – Geena Prestia (Jeena Press-tea-ah) Geena Prestia attends Ridley College and is going into Grade 10. She is a member of the competitive dance team at Centre Stage Dance Studio in Niagara Falls, a member of Niagara Star Singers Show Choir and also takes private voice lessons. Geena enjoys playing field hockey and volleyball. In March, Geena went on her first service trip to Guatemala with her school. Page 13 of 340 MINUTES City Council Meeting Tuesday, June 19, 2018 Council Chambers 5:00 PM COUNCIL PRESENT: Mayor Jim Diodati, Councillor Wayne Campbell, Councillor Kim Craitor, Councillor Carolynn Ioannoni, Councillor Vince Kerrio, Councillor Joyce Morocco, Councillor Victor Pietrangelo, Councillor Mike Strange, and Councillor Wayne Thomson COUNCIL ABSENT: COUNCIL LATE: 1 IN CAMERA SESSION OF COUNCIL 4:00 P.M. a) In Camera Resolution ORDERED on the motion of Councillor Kim Craitor, Seconded by Councillor Joyce Morocco that Council enter into an In Camera meeting. Carried Unanimously 2 CALL TO ORDER O Canada to be sung by Juliana Barry. a) O Canada sung by Juliana Barry. 3 ADOPTION OF MINUTES a) Minutes of May 8, 2018 4 DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. a) Councillor Ioannoni indicated a pecuniary interest to cheque numbers 414777 and 415747, FCM reimbursements. b) Councillor Craitor indicated a pecuniary interest to cheque numbers 414538, 415320 and 415865, made payable to himself. Page 1 of 24 Page 14 of 340 City Council June 19, 2018 c) Mayor Diodati indicated a pecuniary interest to cheque numbers 414959 and 416035, made payable to himself. d) Councillor Campbell indicated a pecuniary interest to cheque number 415856, made payable to himself. e) Councillor Strange indicated a pecuniary interest to cheque number 415826, made payable to himself. 5 MAYOR'S REPORTS, ANNOUNCEMENTS a) Mayor Diodati extended condolences to the following: the family of Russ Stout, a former City employee; Raimondo Montana father of Charles Montana city employee; Robert "Bon" Smith of Crawford Smith and Swallow. Mayor Diodati announced recent events: 2nd Annual KO for Kids Charity Event took place 100% of funds raised to support Pathstone Mental health and Box Run Charitable Foundation; Youth Forum hosted by the Mayor's Youth Advosiry Committee; Water for Life Exhibition opening at the museum; Hope Awards for Pathstone Mental Health; Annual Ching Ming Festival; Schools In Bloom recognition ceremony; Rotary Ribfest; Bee City Designation or the City; Jul and Sel Spa Grand opening; playground opening Blitz day for opening of 5 city playgrounds; Marie Henry Bequest left behind a substantial gift to be donated to the Willoughby Historical Museum. Canada Day July 1, parade beginning at 11a.m, along Victoria and Queen street followed by opening ceremonies at 12:30 at City Hall with live performances and lots of fun. 6 DEPUTATIONS / PRESENTATIONS a) Recognition of Josh Horton Mayor Diodati recognizef Josh Horton for his accomplishment on winning a Provincial Gold Medal at the 2018 Ontario Jiu Jitsu Open. b) Mayor's Youth Advisory Committee Erica George and Jacob Zhang, Co-Chairs of MYAC provided Council with a year end update. Page 2 of 24 Page 15 of 340 City Council June 19, 2018 Jim Mitchinson Scholarship Award Mayor Diodati, Tom Mitchinson and the Co-Chairs of MYAC made a cheque presentation to Nandana Parakh from AN Myer, the scholarship recipient. c) Niagara Arts Showcase Phil Lococo, President of Niagara Arts Showcase will address Council on the upcoming signature event, Carmel Fine Art and Music Fesitval, September 14-16, 2018. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Campbell that Council support the upcoming event and assist with requests by declaring the Carmel Fine Art and Music Festival a municipally significant event for the purposes of obtaining their liquor licence from the AGCO, waive any fees or permits required for food trucks and parking, extend the noise by-law until 11:00 p.m. on September 14th and 15th as associated with this event, and provide any assistance with promotion on the City's website, newsletters and social media. Carried Unanimously d) Allister Young Endowment Fund recipients Laurie Moffat and Dino Fazio, Co-Chairs introduced the recipients of the Allister Young Award, Jana Jaros and Aaron Berger. -AND- R&C-2018-10 Allister Young Arts & Culture Endowment Fund 2018 Recipients The report recommends that Council acknowledge Aaron Berger and Jana Jaros as the 2018 Allister Young Arts & Culture Endowment Fund recipients. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Campbell that the report be approved as recommended. Carried Unanimously Page 3 of 24 Page 16 of 340 City Council June 19, 2018 e) Great Wolf Lodge Car Wash Fire Chief Jim Boutilier and representatives from the Great Wolf Lodge made a cheque presentation to a representative from Camp Bucko, with proceeds of the Great Wolf Lodge Car Wash which took place May 31, 2018. f) Regional Housing Karen Fraser addressed Council regarding affordable housing using Mixed Income Neighbourhood policy. ORDERED on the motion of Councillor Wayne Campbell, Seconded by Councillor Joyce Morocco that Council accept the information presented this evening and forward to the appropriate committee for further discussion. Carried Unanimously g) Street Hoops Canada Karen Stearne and Michael Kemp informed Council about their upcoming 3 on 3 basketball tournament on Friday, July 13, 2018. ORDERED on the motion of Councillor Joyce Morocco, Seconded by Councillor Wayne Thomson that the City support the upcoming Challenge and assist where possible with the following: City bleachers, streetscape, fire hydrant access, parking permits and advertising for the upcoming event. Carried Unanimously h) New Official Plan Dave Heyworth, Official Plan - Policy Consultant with the Niagara Region, and Doug Giles, presented to Council the Region's new Official Plan. Councillor Strange left the meeting at 6:50 p.m. ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Joyce Morocco that Council receive the information presented. Page 4 of 24 Page 17 of 340 City Council June 19, 2018 Carried Unanimously i) Police Services Board Update Bob Gale, Regional Councillor provided Council with information related to the PSB including an upcoming Indigenous educational event. j) Integrity Commissioner Report Janet Leiper, Intergity Commissoner introduced her report on a Complaint Alleging a Violation of the Code of Conduct for Members of Council. ORDERED on the motion of Councillor Joyce Morocco, Seconded by Councillor Wayne Thomson that the Integrity Commissioner report prepared by Janet Leiper, on a Complaint Alleging a Violation of the Code of Conduct for Members of Council, be accepted. Carried Unanimously ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Joyce Morocco that Council defer the reimbursement of Councillor Ioannoni until the Integrity Commissioner can meet with the City Solicitor to refer to the previous Integrity Commissioner’s report regarding an alleged breach of In Camera Matters and a report be brought back to Council for their consideration. Motion Carried with Councillors Kerrio and Craitor opposed. Councillor Campbell left the meeting. 7 PLANNING MATTERS a) Public Meeting AM-2017-011, Official Plan and Zoning By-law Amendment Application 5471, 5491 and 5507 River Road, 4399, 4407, 4413 and 4427 John Street and Part of River Lane Proposal: Apartment Building Consisting of Two Towers Applicant: 5507 River Development Inc. ( Mike Wang) Agents: Italia Gilberti, Broderick and Partners Ryan Guetter, Weston Consulting Page 5 of 24 Page 18 of 340 City Council June 19, 2018 Background Report: PBD-2018-32 Italia Gilberti, Broderick & Partners, requested a deferral. ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Joyce Morocco that Public Meeting, PBD-2018-32, AM-2017- 011 be deferred to the July 10, 2018 meeting and that the by-laws be brought forward the same evening. Carried Unanimously b) Public Meeting AM-2018-006, 26CD-11-2018-003 Official Plan and a Zoning By-law Amendment and a Plan of Vacant Land Condominium. 5906, 5916, 5928-5930 Dunn Street NNN Construction Ltd. ( Nikitenko Alexandre) Background Report: PBD-2018-33 The report recommends the following: 1. That Council approve the Official Plan and Zoning By-law amendment application to add a Special Policy Area designation to the lands and to rezone them to a site specific Residential Low Density, Grouped Multiple Dwellings (R4), in part, and a site specific Residential Single Family and Two Family (R2) zone, in part. To permit a 37 unit townhouse development providing a density of 45 unit per hectare on the majority of the lands and to recognize the existing semi-detached dwelling on a part of the lands, respectively; 2. That the Plan of Vacant Land Condominium be draft approved subject to the conditions in Appendix A; 3. 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; 4. 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; and Page 6 of 24 Page 19 of 340 City Council June 19, 2018 5. That the Mayor and City Clerk be authorized to execute the Condominium Agreement and any required documents to allow for the future registration of the condominium when all matters are addressed to the satisfaction of the City Solicitor. The Director of Planning and Development provided Council with an overview of the proposed development. The Public Meeting was Closed. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Victor Pietrangelo that staff approved the report as recommended. Carried Unanimously c) Public Meeting 26CD-11-2017-007 Sleek Developments Plan of Vacant Land Condominium 4552 Portage Road Applicant: Sleek Developments Inc. and APR Investments Ltd. Agent: Upper Canada Consulting ( Jennifer Vida) Background Report: PBD-2018-37 Anthony Annunziata, 4536 Portage Road,was in support of the proposal, expressed some issues that can be addressed at the site plan process. Jennifer Vida, agent for the applicant, addressed Council and was in support of the staff report and recommendations. The Public Meeting was Closed. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Carolynn Ioannoni that the report be approved as recommended and that staff work with the developer and Mr. Annunziata regarding his concerns. Carried Unanimously Page 7 of 24 Page 20 of 340 City Council June 19, 2018 d) Public Meeting Official Plan Amendment No. 118 Grand Niagara Secondary Plan Background Report: PBD-2018-38 The report recommends the following: That Council adopt the Grand Niagara Secondary Plan as it is consistent with the Provincial Policy Statement, complies with the Provincial Growth Plan and the Niagara Region Official Plan, subject to: 1. The 2 km Cytec Arc being extended west outside the plan area across lands owned by Rand Investments. 2. The zoning of the golf course being changed to a DH (Development Holding) zone. 3. The Amendment being forwarded to Niagara Region for approval. John Bacher, 134 Church Street, St. Catharines, expressed concern with the environmental impacts of this development. Don Surley, 8126 Fatima Court, is in support of the report. Jean Grandoni, R R # 1, not in support, expressed concerns with wildlife in the area. The Public Meeting was Closed. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Joyce Morocco that recommendations 1 & 2 of the report be approved with a friendly amendment that any neighbourhood park be outside of the 2 km distance separation arc, plus an amendment to the policy to add the wording "on larger size lots" as well as a policy that would address the arc outside of the secondary plan area, but on Grand Niagara Land. Motion Carried with Councillors Ioannoni and Craitor opposed. Councillor Pietrangelo declaring a conflict and Councillor Kerrio not present for vote. 8 REPORTS Page 8 of 24 Page 21 of 340 City Council June 19, 2018 a) CD-2018-05 - Niagara Compliance Audit Committee for Municipal Elections The report recommends the following: 1. That the City of Niagara Falls, collectively with the Niagara Region and the other 11 Local Area Municipalities, re-establish the Niagara Compliance Audit Committee; 2. That the updated Terms of Reference attached as Appendix 1 of Report CD-2018-05 be approved; 3. That the Acting City Clerk be delegated the authority to make any legislative or administrative changes to the terms of reference; 4. That the Acting City Clerk be delegated the authority to appoint members to the 2018 Compliance Audit Committee; and 5. That By-law 2010-137 being a by-law to establish the Niagara Compliance Audit Committee for the Regional Municipality of Niagara be repealed. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Victor Pietrangelo that the report be approved as recommended. Carried Unanimously b) F-2018-22 -Tax Receivables Monthly Report ( April) The report recommends that Council receive the Monthly Tax Receivables report for information purposes. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Victor Pietrangelo that the report be approved as recommended. Carried Unanimously c) F-2018-23 - Tax Receivables Monthly Report ( May) Page 9 of 24 Page 22 of 340 City Council June 19, 2018 The report recommends that Council receive the Monthly Tax Receivables report for information purposes. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Victor Pietrangelo that the report be approved as recommended. Carried Unanimously d) F-2018-24 - Municipal Accounts The report recommends that Council approve the municipal accounts totaling $41,564,303.90 for the period April 5, 2018 to May 30, 2018. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Victor Pietrangelo that the report be approved as recommended. Carried Unanimously e) F-2018-25 - 2018 Schedule of Fees for Services The report recommends that the Schedule of Fees as presented in the attached schedule, be approved effective July 1, 2018. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Victor Pietrangelo that the report be approved as recommended. Carried Unanimously f) F-2018-26 - Low Income Seniors' Water and Property Tax Rebate The report is recommended for the Information of Council. ORDERED on the motion of Councillor Joyce Morocco, Seconded by Councillor Wayne Thomson that the report be approved as recommended. Page 10 of 24 Page 23 of 340 City Council June 19, 2018 Carried Unanimously g) L-2018-06 - Ontario Lottery and Gaming Corporation and the City Amendment of Development Agreement. Our File No. 2016-125 The report recommends the following: That the City enter into an Development Agreement Amending Agreement, in a form satisfactory to the City Solicitor and the Director of Planning, Building and Development, with the Ontario Lottery and Gaming Corporation, in order to accommodate the new pedestrian bridge across Fallsview Boulevard. That the Mayor, Acting City Clerk and City Solicitor be directed to take whatever actions and sign whatever documents are required to complete the Agreement. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Vince Kerrio that the report be approved as recommended. Carried Unanimously h) MW-2018-10 - Culp Street Watermain and Sanitary Sewer Replacement and Road Reconstruction ( Corwin Ave to Franklin Ave) The report recommends that Council confirm inclusion of the new sidewalk on south side of the Culp Street, between Corwin Avenue and Carlton Avenue, as part of the scope of this road reconstruction project. ORDERED on the motion of Councillor Kim Craitor, Seconded by Councillor Joyce Morocco that the report be approved with an amendment that no sidewalk be out in on the south side of Corwin and the existing sidewalk on the opposite side be repaired. Carried Unanimously i) MW-2018-15 - Emergency Third Avenue Sewer Replacement Jepson Street to McRae Street The report recommends the following: 1. That Council direct staff to commence engineering investigations Page 11 of 24 Page 24 of 340 City Council June 19, 2018 to develop a solution to the collapsed sewer on Third Avenue and, 2. That the 2018 Capital Budget be amended to include funding to support this investigation. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Joyce Morocco that the report be approved as recommended. Carried Unanimously j) PBD-2018-34 - PLC-2018-001, Request for Removal of Part Lot Control Blocks 77-83 ( inclusive), Plan 59M-441, Warren Woods Phase 4 Stage 2 Plan of Subdivision. Applicant: GP Empire Communities ( Niagara) Ltd. The report recommends that Council approve the request and pass the by-law included in tonight’s agenda to designate Blocks 77-83 (inclusive), Registered Plan 59M-441, as exempt from Part Lot Control for a period of two years. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Victor Pietrangelo that the report be approved as recommended. Carried Unanimously k) PBD-2018-35 - DB-2018-002 Deeming By-law Application Lots 1-7 and Lot A, Plan 300 Properties known as 5629-5641 Stanley Avenue, 5615 Stanley Avenue, 5510 North Street and 5511 Emery Street. Applicant: 1771069 Ontario Inc. The report recommends that Council pass the by-law appearing on tonight’s agenda to deem Lots 1-7 and Lot A, Plan 300, to no longer be within the registered plan of subdivision, to enable them to merge. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Vince Kerrio that the report be approved as recommended. Carried Unanimously l) PBD-2018-36 - 26-11-2018-02, Proposed Plan of Condominium ( Page 12 of 24 Page 25 of 340 City Council June 19, 2018 Standard) 4311 Mann Street, Applicant: George Sinclair Construction Group Ltd. Agent: James Warren ( T. Johns Consulting Group Ltd.) The report recommends the following: 1. That the Plan of Condominium be draft approved subject to the conditions in Appendix 1. 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 Mayor and City Clerk be authorized to execute the Condominium Agreement and any required documents to allow for the future registration of the condominium when all matters are addressed to the satisfaction of the City Solicitor. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Thomson that the report be approved as recommended. Carried Unanimously m) R&C-2018-05- GNBA Ladies Auxiliary Concession Agreement The report recommends the following: 1. That the City enter into an Agreement with the Greater Niagara Baseball Association (GNBA) Ladies Auxiliary to obtain concession privileges to sell food and refreshments at Oakes Park, M.F. Kerr Park and W.L Houck Park concession buildings, April 15 to October 1 for a term of five years. 2. That the Mayor and Clerk be authorized to execute said Licence Agreement. ORDERED on the motion of Councillor Kim Craitor, Seconded by Councillor Joyce Morocco that the report be approved as recommended. Page 13 of 24 Page 26 of 340 City Council June 19, 2018 Carried Unanimously n) R&C-2018-12 - Recognition of Stamford Township The report recommends the following: 1. That staff replace the Stamford Green sign to acknowledge the historic identity of Stamford Township. 2. That this project be referred to the 2019 budget process for consideration. ORDERED on the motion of Councillor Kim Craitor, Seconded by Councillor Victor Pietrangelo that the report be approved as recommended. Carried Unanimously o) TS-2018-16 - Dyson Avenue - Heavy Vehicle Restriction The report recommends that a heavy vehicle prohibition is established on Dyson Avenue between Ferguson Street and Leader Lane. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Vince Kerrio that the report be approved as recommended. Carried Unanimously 9 COMMUNICATIONS AND COMMENTS OF THE CITY CLERK a) Clifton Hill BIA - requesting approval of the 2018 budget. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Victor Pietrangelo that the communication be approved. Carried Unanimously b) Fallsview BIA - requesting approval of the 2018 budget Page 14 of 24 Page 27 of 340 City Council June 19, 2018 RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Victor Pietrangelo that the communication be approved. Carried Unanimously c) Niagara Regional Council Resolution Respecting Taxpayer Affordability Guidance - requesting Local Area Municipalities develop Taxpayer Affordability Guidelines. RECOMMENDATION: For the Information of Council ORDERED on the motion of Councillor Kim Craitor, Seconded by Councillor Carolynn Ioannoni that Council receive and file the communication. Carried Unanimously d) Niagara Falls Community Health Center - requesting approval of 90 minute free parking on Victoria Avenue. RECOMMENDATION: Refer to staff for report ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Thomson that the communication be referred to staff. Carried Unanimously e) Wellington County and Surrounding Municipalities - requesting Council support of their appeal to MPAC regarding the assessment of aggregate properties. RECOMMENDATION: For the Consideration of Council ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Vince Kerrio that the communication be approved. Carried Unanimously f) Niagara Health System- Hepatitis C Care Clinic - requesting July 27, 2018 be proclaimed as " World Hepatitis Day" in the City of Niagara Falls. Page 15 of 24 Page 28 of 340 City Council June 19, 2018 RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Vince Kerrio that the communication be approved. Carried Unanimously g) Taps Brewing Co Inc. - requesting relief of the City's Noise By-law for a fundraiser event scheduled July 13th, 5:00 p.m. until midnight. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Vince Kerrio that the communication be approved. Carried Unanimously h) Niagara Regional Housing - requesting that the NRH Quarterly reports be received for information. RECOMMENDATION: For the Information of Council ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Vince Kerrio that the communication be approved. Carried Unanimously i) Chippawa Volunteer Firefighters Association - requesting relief to the City's Noise By-law, Waiver of fees for road closure permits and licensing, and to declare the event of municipal significance to assist with their liquor licence through the AGCO. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Vince Kerrio that the City grant relief to the noise by-law on Saturday July 14, 2018 to 11:00 p.m. and waive any fees associated with the road closure permit for the annual street dance on July 14, 2018. Carried Unanimously Page 16 of 24 Page 29 of 340 City Council June 19, 2018 j) Niagara Region - Report on the State of Aggregate Resources in the Niagara Region. RECOMMENDATION: For the Information of Council ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Thomson that the communication be received for information. Carried Unanimously k) Niagara Region - Report on Development Applications Monitoring RECOMMENDATION: For the Information of Council ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Thomson that the communication be received for information. Carried Unanimously l) Niagara Region - Report on Climate Change Framework RECOMMENDATION: For the Information of Council ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Thomson that the communication be received for information. Carried Unanimously m) Niagara Region - Report on the New Regional Official Plan and Growth Management Program. RECOMMENDATION: For the Information of Council ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Thomson that the communication be received for information. Carried Unanimously n) Niagara Region - Report on the Waterfront Investment Program 2018 Page 17 of 24 Page 30 of 340 City Council June 19, 2018 Funding recommendations. RECOMMENDATION: For the Information of Council ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Thomson that the communication be received for information. Carried Unanimously o) Town of Pelham - 1) Resolution to the Province requesting a Municipal Audit and subsequent reply from Minister Bill Mauro. 2) Ombudsman Investigation Report re: September 5, 2017 3) Local Transit Project ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Joyce Morocco to receive and file the communication. Carried Unanimously p) Communication Bill C-36 Protection of Communities and Exploited Persons Act. - Public requests for Councils consideration. Recommendation: For the Consideration of Council ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Joyce Morocco to receive and file the communication. Carried Unanimously q) Arif Merani Fundraising Group,Inc - requesting financial support for the Arif Merani BBQ event taking place Sunday August 26, 2018. RECOMMENDATION: For the Consideration of Council ORDERED on the motion of Councillor Joyce Morocco, Seconded by Councillor Wayne Thomson that Council support the event by purchasing 9 tickets and attending where possible. Carried Unanimously r) Niagara Falls Public Library - That Council approve Kathy Tsiantoulas Page 18 of 24 Page 31 of 340 City Council June 19, 2018 to serve on the Library Board to replace Eric Sheridan. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Vince Kerrio that the communication be approved and that Kathy Tsiantoulas be appointed to the Library Board for the remainder of the term. Carried Unanimously s) On-Street Parking Permits – Mr. Rekrut, resident of Niagara Falls is requesting Council consider providing nine (9) overnight on-street parking permits for the use of all occupants within his residence. RECOMMENDATION: For the Information of Council ORDERED on the motion of Councillor Joyce Morocco, Seconded by Councillor Wayne Thomson that the communication be referred to staff. Carried Unanimously t) MNP Corporate Finance Inc, - Cnada Games Torch Relay will be making a stop in Niagara and nominations will be accepted until June 30th, 2018. RECOMMENDATION: For the Information of Council ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Vince Kerrio that the communication be received for information. Carried Unanimously 10 RATIFICATION OF IN CAMERA MATTERS a) R&C-2018-11 MacBain Community Centre Revised Café Agreement The report recommends that Council authorize the Mayor and City Clerk to act on the behalf of the City to execute the revised lease agreement with 1939099 Ontario Corp, Vince and Catherine Moyer, the new café operators at the iVtacBainCommunity Centre. Page 19 of 24 Page 32 of 340 City Council June 19, 2018 ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Vince Kerrio that the recommendation be approved. Carried Unanimously BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by- law listed for Council consideration. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio that the by-laws be given a first reading. Carried Unanimously 2018-59 A by-law to accept a bequest from Marie Henry to the Willoughby Historical Museum. 2018-60 A by-law to change the name of Livingstone Street to Livingston Street 2018-61 A by-law to fees and charges for various services, licences and publications for the City of Niagara Falls. 2018-62 A by-law to designate Blocks 77-83(inclusive), Registered Plan 59M-441, not be subject to part-lot control (PLC-2018-001). 2018-63 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Parking Prohibited, Loading Zones, Pedestrian Crossovers) 2018-64 A by-law to authorize the execution of an Agreement with the Greater Niagara Baseball Association (GNBA) Ladies Auxiliary to obtain concession privileges to sell food and refreshments at Oakes Park, M.F. Kerr Park and W.L. Houck Park concession buildings, from April 15 to October 1 for a term of five years. 2018-65 A by-law to designate Lots 1, 2, 3, 4, 5, 6, 7, and A, Plan 300, to be deemed not to be within a registered plan of subdivision (DB-2018- 002). 2018-66 A by-law to amend By-law No. 79-200, to permit the use of the Lands for a 7 unit townhouse dwelling (AM-2017-023). 2018-67 A by-law to amend By-law No. 79-200, to permit the use of the Lands for a 4 unit on street townhouse dwelling (AM-2018-007). Page 20 of 24 Page 33 of 340 City Council June 19, 2018 2018-68 A by-law to provide for the adoption of Amendment No. 118 to the City of Niagara Falls Official Plan (OPA No. 118). 2018-69 A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 19th day of June, 2018. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio that the by-laws be given a second and third reading. Carried Unanimously 11 NEW BUSINESS a) King Road / Morningstar ORDERED on the motion of Councillor Kim Craitor, Seconded by Councillor Victor Pietrangelo that street lights be installed at the intersection. Motion Carried with Councillor Kerrio declaring a conflict b) Starbucks - St. James Ave/Thorold Stone Road ORDERED on the motion of Councillor Kim Craitor, Seconded by Councillor Victor Pietrangelo that staff report back on the City's options for the future development of this property. Carried Unanimously c) Councillor Kerrio left the meeting for the evening. Recognition of Al Fagan ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Kim Craitor that Al Fagan's name be referred to staff for recognition, possible street naming etc. Carried Unanimously d) Wetlands/Environmental Woodland areas ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Kim Craitor that staff report back on all lands in the City. Page 21 of 24 Page 34 of 340 City Council June 19, 2018 Carried Unanimously e) Youth Mental Health Center ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Kim Craitor that a resolution be sent to the Region outlining importance of having the Centre along the route of the transit hubs. Carried Unanimously f) Artificial Turf - Neighbourhood Parks ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Kim Craitor that staff report back on the plan to replace wood chips in existing parks to the artificial turf. Carried Unanimously g) Glengate Park Petition - Tennis Courts ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Kim Craitor that staff have a neighbourhood meeting with residents and Council be included and staff report back with recommendations Carried Unanimously h) Millennium Trail Connections ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Kim Craitor that staff report back with an update on status of the three trails. Carried Unanimously i) GNBA ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Kim Craitor that batting cages be purchased with OLG funds. Carried Unanimously Page 22 of 24 Page 35 of 340 City Council June 19, 2018 j) Walk for Down Syndrome ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Thomson that the invitation for the upcoming walk in September be circulated to all of Council. Carried Unanimously k) Ava Pietrangelo ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Thomson that Ava Pietrangelo be recognized at a future Council meeting. Carried Unanimously l) Girls Atom Hockey ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Kim Craitor that the Girls Atom Hockey team, coached by Matt Masterson be recognized for their provincial bronze medal and that the matter be referred to staff and the rec committee for future recognition of the team. Carried Unanimously m) Millennium Clock ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Kim Craitor that staff investigate and report back on all options regarding the future maintenace including possibility of relocating the clock; and that Paisley Janvary-Pool be consulted. Carried Unanimously 12 ADJOURNMENT a) Adjournment ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Kim Craitor that the Council meeting be adjourned at p.m. Carried Unanimously Page 23 of 24 Page 36 of 340 City Council June 19, 2018 CAO Mayor Page 24 of 24 Page 37 of 340 TS-2018-19 July 10, 2018 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Transportation Services SUBJECT: TS-2018-19 - Impacts of CN Train Operations on the City of Niagara Falls - Project Update RECOMMENDATION This report is for the information of City Council. Staff will be providing a complete project update following the next steps identified in this report. EXECUTIVE SUMMARY In March 2018, the City of Niagara Falls initiated a project to develop recommendations related to mitigating the impacts associated with CN Rail operations by; firstly exploring all feasible opportunities to relocate through rail freight traffic onto other active rail corridors, and secondly by evaluating strategic grade separation candidate sites. Most importantly this project will complete a comprehensive analysis of transportation and socio-economic factors to develop a business case solution to implement, and advocate for, the study recommendations. Three (3) active rail corridors have been identified as potential relocation options for through trains which will be evaluated comprehensively during the next phases of this project. At this time, trains on the Stamford Subdivision travel directly through the City of Niagara Falls from the Greater Toronto Area (GTA) destined to Buffalo, New York (Black Rock). At this stage of the project, individual locations for potential grade separations have not been identified. It could be expected, that based on current construction cost estimates a grade separated railway crossing would cost between $25 million to $60 million depending on location, design parameters and property requirements. Furthermore, it is estimated to take at least 5 years for the planning, design and construction for each grade separated railway crossing. Each of the options noted above present unique benefits and challenges that need to be addressed. Both the relocation options and grade separation scenarios will be evaluated objectively in order to identify the preferred solution. Therefore, during the next step of this project the Consultant Team will be completing a Benefit-Cost Analysis (BCA) to identify the option(s) that exhibit the strongest business case and greatest benefit to the overall community. Page 38 of 340 2 TS-2018-19 July 10, 2018 Going forward the next steps of this project are:  Complete benefit-cost analysis;  Continue discussions with the affected Rail Companies and Niagara Region;  Develop a formal recommendation that will be brought forward to Council for direction and approval;  Complete study documentation (Summer 2018); and  Continue to monitor rail traffic at crossings to gather meaningful evidence about recurring CN rail operations violations and incidents. BACKGROUND The City of Niagara Falls has, for some time, experienced the problem of trains blocking roadway approaches within its urban area boundaries. This can occur during normal train operations when long trains move through the City; it can also cause drastic issues when trains, either through planned operation or due to mechanical breakdown, stop for extended periods of time completely blocking the various road crossings. Today, the Canadian National Railway (CN) maintains two railway lines entering into the City including the Grimsby and Stamford Subdivisions. The Grimsby Subdivision is, for the most part, grade-separated at critical road-rail locations, while the Stamford Subdivision remains the only rail line that cuts through the City’s urban area. The majority of the CN Stamford Subdivision roadway crossings are at-grade with the exception of the Queen Elizabeth Way (QEW) between Montrose Road and Dorchester Road. At present, CN maintains a single rail line within the Stamford Subdivision right- of-way limits. This rail line is currently the cause of the majority of traffic crossing delays and represents a real challenge for emergency services as the rail line traverses key east-west and north-south arterial roadways within the City’s main urban area. These at-grade crossings make it difficult to anticipate delays, modify emergency response routes, and accommodate traffic demands throughout the City. Through previous environmental assessment studies undertaken by both the City of Niagara Falls and the Regional Municipality of Niagara, traffic and rail operations at a number of existing at-grade railway crossings were examined. These previous studies raised concerns with respect to traffic operations and safety at the crossing locations and recommended a more comprehensive examination of a future grade separation(s) at key locations within the City’s urban area. In 2007, the City completed the “Railway Grade Separation” Class Environmental Assessment, which provided the comprehensive examination of future grade separations. Page 39 of 340 3 TS-2018-19 July 10, 2018 ANALYSIS/RATIONALE The Study Area for this project is focused along the Canadian National Railway Company’s (CN), Stamford Subdivision which traverses th e length of the City of Niagara Falls from west to east, illustrated in Attachment 1. Within the City of Niagara Falls limits there are fourteen (14) at-grade City and Regional crossings. The purpose of the study is to quantitatively and qualitatively assess the impacts of CN Rail through train operations. The study will consider all potential solutions including relocation of CN through train operations and locations for strategic grade separations. Agency, Stakeholder and Public Engagement Stakeholder and public consultation was comprehensively undertaken to ensure all of the impacts on the City are thoroughly documented and taken into consideration.  An on-line Survey was launched and hosted on the City’s engagement webpage (letstalk.niagarafalls.ca). To date, 525 responses have been received.  Stakeholder meetings were held with Emergency Services, Regulatory Agencies, and Businesses.  Two public open houses were held at the MacBain Community Centre.  Two businesses who rely on train service have contacted the City directly to provide their formal position on this matter. Staff have met individually with both businesses and will be taking their input into considering during the next steps of this project. Correspondence is included in Attachment 2. Transportation Impact Assessment: Based upon recent field surveys and traffic analysis, the preliminary findings are:  City survey over a 7 day period showed up to 4 major train movements per day that resulted in total closure time of 30 to 35 minutes per day (on average) at each crossing. Maximum closure time observed was 17 minutes.  8,000 vehicles cross all of the study area rail lines during the morning peak hour (8 to 9 am).  10,000 vehicles cross all of the study area rail lines during the afternoon peak hour (4:30 to 5:30 pm).  From 2015 to early 2018, the Niagara Falls Fire Department noted 21 CN train breakdowns that resulted in road blockages of up to two hours – 11 of these occurred during weekday peak periods.  Based on the preliminary findings, it was concluded that the total road network delay increased significantly by 213 percent in the morning peak hour and 55 percent in the PM peak hour when a train was present. Page 40 of 340 4 TS-2018-19 July 10, 2018 Rail Rerouting Review: There have been three (3) active rail corridors identified as potential relocation options for through train which will be evaluated comprehensively during the next phases of this project. At this time, trains on the Stamford Subdivision travel directly through the City of Niagara Falls from the Greater Toronto Area (GTA) destined to Buffalo, New York (Black Rock). These options effectively bypass the City’s urban boundary (Stamford Subdivision) via the following:  Option 1 – Whirlpool Rapids Bridge to CSX Niagara Falls USA;  Option 2 – Reroute via Trillium Railway from Merritton to Welland; and  Option 3 – Reroute via the CP Hamilton Subdivision and reconnect with the CN Stamford Subdivision in Port Colborne. The three rerouting options are illustrated in Attachment 3. Railway Grade Separation Review At this stage of the project, individual locations for potential grade separations have not been identified. It could be expected, that based on current construction cost estimates a grade separated railway crossing would cost between $25 million to $60 million depending on location, design parameters and property requirements. Furthermore, it is estimated to take at least 5 years for the planning, design and construction for each crossing. Socio-Economic Assessment / Benefit-Cost Analysis: Each of these options noted above present unique benefits and challenges that need to be addressed. Both the relocation options and grade separation scenarios will be evaluated objectively in order to identify the preferred solution. Therefore, during the next stage of this project the Consultant Team will be completing a Benefit-Cost Analysis (BCA) to identify the option(s) that exhibit the strongest business case and greatest benefit to the overall community. Next Steps: Going forward the next steps of this project are:  Complete benefit-cost analysis;  Continue discussions with the affected Rail Companies and Niagara Region;  Develop a formal recommendation that will be brought forward to Council for direction and approval;  Complete study documentation (Summer 2018); and  Continue to monitor rail traffic at crossings to gather meaningful evidence about recurring CN rail operations violations and incidents. Page 41 of 340 5 TS-2018-19 July 10, 2018 FINANCIAL/STAFFING/LEGAL IMPLICATIONS There are no financial implications associated with this project at this time. CITY’S STRATEGIC COMMITMENT The undertaking of this project is supported by the City’s 2015 - 2018 Strategic Priorities to eencourage multi-modal travel and active transportation initiatives, and enhances motorist, cyclist and pedestrian safety. LIST OF ATTACHMENTS Attachment 1 – Project Study Area / At-grade Railway Crossing Locations Attachment 2 – Correspondence from Oleo Energies Inc. & Niagara Industrial Mall Attachment 3 – Council Presentation Recommended by: Karl Dren, Director of Transportation Respectfully submitted: Ken Todd, Chief Administrative Officer Page 42 of 340 Page 43 of 340 Oleo Energies Inc. 5800 Thorold Stone Road Niagara Falls, Ontario L2J 1A2 905 358-5133 www.oleoenergies.com May 31, 2018 sent to mbilodeau@niagarafalls.ca Mathew Bilodeau C. E. T. Manager of Transportation Engineering Niagara Falls Canada 8208 Heatland Forest Road Niagara Falls, Ontario L2H 0L7 Dear Mr. Bilodeau, RE: CN Train Operations Impact Study Thank you for the opportunity to address the City of Niagara Falls and our community in regards to the CN Train Operations Impact Study. Before I do so, Ibd like to provide a quick background on Oleo Energies Inc. Oleo is an independent custom toll blender, packager and terminal of lubricants and specialty products, targeting large brand holders that rely on quality products destined primarily for Canada, United States and niche markets abroad. We are located at 5800 Thorold Stone Road, where it meets Stanley Avenue. We operate on 26 acres and are a fully certified ISO 9001 manufacturing facility. Oleo has invested heavily in plant and equipment to support its manufacturing business. We manufacture products such as transformer oils for the hydro-electric industries, hydraulic oils, motor oils and so forth. Our manufacturing is conducted for large brands and they depend on us for quality, timely deliveries and of course, a competitive price. Our vision is stable long-term growth underpinned by strong transportation modalities to efficiently receive components and to ship out finished products. Page 44 of 340 CN Train Operations MBilodeau 20180531 2 Currently, Oleo employs over 25 people, providing good paying jobs for skilled labour. In fact, we currently are hiring more people with openings in maintenance, production and logistics. We are also hiring temporary workers on a plant refurbishment project for our external tank farm. Our long term plans are to double our staff as we add another shift. With respect to rail service, Oleo relies heavily on rail service and this allows us to be cost effective, which in turn allows us to be competitive with US blenders. The efficiency of rail freight for bulk commodities is unmatched by truck transport. With stifling disadvantages already posed by inflated utility costs such as electricity, and swollen regulatory overhead, eliminating or curtailing rail service would strip away Oleobs ability to compete and ultimately question our survival, jeopardizing jobs and investment. Some may shrug their shoulders at this statement, but when you consider that Niagara Falls was once a leader in manufacturing and it fuelled a large part of Ontariobs economy, it is not a callous remark but a stark reality. ,bd like to comment on the advertising for this survey, on-line and more specifically the signs placed at railway crossings within the study boundaries. In big bold letters they read: DELAYED AT THE TRAIN AGAIN? TAKE OUR SURVEY AT LETSTALK.NIAGARAFALLS.CA With due respect, how can this survey be considered objective when the opening statement sets the stage for negative comments based on a false postulate? Psychologically it already biases the reader. Not knowing the survey results Ibd say the survey is tainted. Page 45 of 340 CN Train Operations MBilodeau 20180531 3 When trains are moving the economy is working, webre working. Having rail service available within your designated employment lands will aid in attracting larger businesses to locate in the City of Niagara Falls. These decisions are not made lightly and involve committing millions of dollars. In fact, having rail spurs off the main line was one of the key factors that were considered by Oleo when we chose to locate here. We look forward to a study that diligently considers the requirements of all stakeholders, and the very real economic impacts of potential changes to rail service in the future. Our livelihood depends upon efficient, timely and economically competitive rail service to support our business and good manufacturing jobs for the Niagara community. I am available to answer any questions you may have and to discuss this matter further. Sincerely, Mark Michalkoff President Oleo Energies Inc. MM:sn Page 46 of 340 Page 47 of 340 July 10, 2018 City of Niagara Falls CN Train Operations Impact Study Page 48 of 340 A GREAT CITY…FOR GENERATIONS TO COME Background •CN Stamford Subdivision bisects the City’s urban core with 14 at-grade rail crossings. •Regular operations of long trains delays traffic at multiple crossings, multiple times per day. Unpredictable breakdowns and malfunctions occur frequently. •Creates a challenge for emergency services and impacts transportation / transit efficiency on the arterial road network. •Council’s Strategic Plan the City’s Sustainable Transportation Master Plan call for the review of potential solutions that include rerouting of through-train operations. Page 49 of 340 About The Study Page 50 of 340 A GREAT CITY…FOR GENERATIONS TO COME Study Components Study Outcomes Transportation Assessment Socio- Economic Assessment Rail Rerouting Review Agency, Stakeholder and Public Engagement Page 51 of 340 A GREAT CITY…FOR GENERATIONS TO COME Study Timelines Consultation Plan Launch the Study Consultation Plan Launch the Study Study Area Profile Review Background Information Study Area Profile Review Background Information Analysis of Impacts Data Collection, Survey, Analysis Analysis of Impacts Data Collection, Survey, Analysis Update to Council Update to Council Identify Potential Solutions Consider all options and Benefit-Cost Analysis Identify Potential Solutions Consider all options and Benefit-Cost Analysis Complete Study Documentation Complete Study Documentation Project Initiation March 2018 Survey Launch April 2018 Public Open House #1 April 26, 2018 Public Open House #2 May 31, 2018 Council Presentation July 10, 2018 Summer 2018 Page 52 of 340 A GREAT CITY…FOR GENERATIONS TO COME Consultation Agency , Stakeholder and Public Engagement •On-line Survey at letstalk.niagarafalls.ca received 533 responses. •Two Stakeholder Meetings with Emergency Services, Regulatory Agencies and Businesses. •Two Public Open Houses at the MacBain Community Centre.Page 53 of 340 A GREAT CITY…FOR GENERATIONS TO COME Consultation What We Heard From Stakeholders •49% cross the rail line more than twice per day and 50% are delayed at least once per day •63 % have been delayed for >20 minutes •20% reroute after 5 minutes, 51% reroute after 15 minutes •Local businesses are reliant on train service •Emergency service providers utilize additional resources to manage uncertainty •Student transport delays Page 54 of 340 A GREAT CITY…FOR GENERATIONS TO COME Transportation Impact Assessment •A recent survey tracked up to 4 major daily train movements with a total closure time of 30 to 35 minutes per day. •8,000 to 10,000 vehicles cross the rail line during the peak hours of 8-9 am and 4:30-5:30 pm. •Between 2015 and 2018, 21 CN train breakdowns resulted in road blockages of up to two hours, 11 of these occurred during weekday peak periods.Page 55 of 340 Rail Rerouting Review Page 56 of 340 A GREAT CITY…FOR GENERATIONS TO COME Benefits and Challenges of Rerouting Options Option 1 Whirlpool Rapids Bridge to CSX Niagara Falls USA Option 2 Route via Trillium Railway from Merriton to Welland Option 3 CP Hamilton Benefits Most through trains will be re-routed No disruption or change to local rail customers CN will not have to operate through Niagara Falls and the 15mph curve All through trains will be re-routed No long term disruption to local rail customers Minimal change to CN operations CN will not have to operate through Niagara Falls and the 15mph curve All through trains will be re-routed No long term disruption to local rail customers Increased availability/capacity for Metrolinx/GO service to Niagara Eliminate train delays at railway interlocking at Welland Canal CN will not have to operate through Niagara Falls and the 15mph curve Rail safety improvement to be quantified Challenges CN crews require US rules qualification CN operation on CSX track Toll to use bridge Maintenance costs for bridge Traffic destined to Niagara region will need to go through to Port Robinson US governance with regard to relocation improvements & financial plan GO Service and Freight Service currently operate on Grimsby Subdivision -Likely to require track twinning in order for Metrolinx to operate full service in 2023 Railway is class 2 track and will require upgrade Current car loading restricts Heavy Axle Loading Customer switching will require additional infrastructure Wetlands are potential environmental concerns Additional property acquisition for new siding Cost of a lift bridge over Welland Canal GO Service and Freight Service currently operate on Grimsby Subdivision -Likely to require track twinning in order for Metrolinx to operate full service in 2023 Additional infrastructure on Hamilton Subdivision Upgrade to centralized traffic control (CTC) CN & CP agreement Local customer traffic interchange Require additional Horse Power for the Niagara Escarpment Loss of infrastructure ownership Page 57 of 340 A GREAT CITY…FOR GENERATIONS TO COME Rail Grade Separation Review Implementation of just 4 grade separations would involve: •5 to 6 years for planning, design and construction for each crossing •20 to 24 years for full implementation (i.e. if implemented sequentially) •$25 to $60 million each (2018 dollars)Page 58 of 340 A GREAT CITY…FOR GENERATIONS TO COME Socio-Economic Assessment Benefit-Cost Analysis BCA Net Present Value (NPV) Benefits –Costs = NPV If NPV is positive, accept the project Internal Rate of Return (IRR) If IRR > discount rate, accept the project Benefit-Cost Ratio (BCR) Benefits / Costs = BCR If BCR >1, accept the project Page 59 of 340 A GREAT CITY…FOR GENERATIONS TO COME Next Steps •Complete benefit-cost analysis •Continue discussions with the affected Rail Companies and Niagara Region •Develop a formal recommendation that will be brought forward to Council for direction and approval •Complete study documentation (Summer 2018) •Continue to monitor rail traffic at crossings to gather meaningful evidence about recurring CN rail operations violations and incidents.Page 60 of 340 A GREAT CITY…FOR GENERATIONS TO COME THANK YOU COMMENTS & QUESTIONS Page 61 of 340 July 10, 2018 City of Niagara Falls CN Train Operations Impact Study Page 62 of 340 A GREAT CITY…FOR GENERATIONS TO COME Background •CN Stamford Subdivision bisects the City’s urban core with 14 at-grade rail crossings. •Regular operations of long trains delays traffic at multiple crossings, multiple times per day. Unpredictable breakdowns and malfunctions occur frequently. •Creates a challenge for emergency services and impacts transportation / transit efficiency on the arterial road network. •Council’s Strategic Plan the City’s Sustainable Transportation Master Plan call for the review of potential solutions that include rerouting of through-train operations. Page 63 of 340 About The Study Page 64 of 340 A GREAT CITY…FOR GENERATIONS TO COME Study Components Study Outcomes Transportation Assessment Socio- Economic Assessment Rail Rerouting Review Agency, Stakeholder and Public Engagement Page 65 of 340 A GREAT CITY…FOR GENERATIONS TO COME Study Timelines Consultation Plan Launch the Study Consultation Plan Launch the Study Study Area Profile Review Background Information Study Area Profile Review Background Information Analysis of Impacts Data Collection, Survey, Analysis Analysis of Impacts Data Collection, Survey, Analysis Update to Council Update to Council Identify Potential Solutions Consider all options and Benefit-Cost Analysis Identify Potential Solutions Consider all options and Benefit-Cost Analysis Complete Study Documentation Complete Study Documentation Project Initiation March 2018 Survey Launch April 2018 Public Open House #1 April 26, 2018 Public Open House #2 May 31, 2018 Council Presentation July 10, 2018 Summer 2018 Page 66 of 340 A GREAT CITY…FOR GENERATIONS TO COME Consultation Agency , Stakeholder and Public Engagement •On-line Survey at letstalk.niagarafalls.ca received 533 responses. •Two Stakeholder Meetings with Emergency Services, Regulatory Agencies and Businesses. •Two Public Open Houses at the MacBain Community Centre.Page 67 of 340 A GREAT CITY…FOR GENERATIONS TO COME Consultation What We Heard From Stakeholders •49% cross the rail line more than twice per day and 50% are delayed at least once per day •63 % have been delayed for >20 minutes •20% reroute after 5 minutes, 51% reroute after 15 minutes •Local businesses are reliant on train service •Emergency service providers utilize additional resources to manage uncertainty •Student transport delays Page 68 of 340 A GREAT CITY…FOR GENERATIONS TO COME Transportation Impact Assessment •A recent survey tracked up to 4 major daily train movements with a total closure time of 30 to 35 minutes per day. •8,000 to 10,000 vehicles cross the rail line during the peak hours of 8-9 am and 4:30-5:30 pm. •Between 2015 and 2018, 21 CN train breakdowns resulted in road blockages of up to two hours, 11 of these occurred during weekday peak periods.Page 69 of 340 Rail Rerouting Review Page 70 of 340 A GREAT CITY…FOR GENERATIONS TO COME Benefits and Challenges of Rerouting Options Option 1 Whirlpool Rapids Bridge to CSX Niagara Falls USA Option 2 Route via Trillium Railway from Merriton to Welland Option 3 CP Hamilton Benefits Most through trains will be re-routed No disruption or change to local rail customers CN will not have to operate through Niagara Falls and the 15mph curve All through trains will be re-routed No long term disruption to local rail customers Minimal change to CN operations CN will not have to operate through Niagara Falls and the 15mph curve All through trains will be re-routed No long term disruption to local rail customers Increased availability/capacity for Metrolinx/GO service to Niagara Eliminate train delays at railway interlocking at Welland Canal CN will not have to operate through Niagara Falls and the 15mph curve Rail safety improvement to be quantified Challenges CN crews require US rules qualification CN operation on CSX track Toll to use bridge Maintenance costs for bridge Traffic destined to Niagara region will need to go through to Port Robinson US governance with regard to relocation improvements & financial plan GO Service and Freight Service currently operate on Grimsby Subdivision -Likely to require track twinning in order for Metrolinx to operate full service in 2023 Railway is class 2 track and will require upgrade Current car loading restricts Heavy Axle Loading Customer switching will require additional infrastructure Wetlands are potential environmental concerns Additional property acquisition for new siding Cost of a lift bridge over Welland Canal GO Service and Freight Service currently operate on Grimsby Subdivision -Likely to require track twinning in order for Metrolinx to operate full service in 2023 Additional infrastructure on Hamilton Subdivision Upgrade to centralized traffic control (CTC) CN & CP agreement Local customer traffic interchange Require additional Horse Power for the Niagara Escarpment Loss of infrastructure ownership Page 71 of 340 A GREAT CITY…FOR GENERATIONS TO COME Rail Grade Separation Review Implementation of just 4 grade separations would involve: •5 to 6 years for planning, design and construction for each crossing •20 to 24 years for full implementation (i.e. if implemented sequentially) •$25 to $60 million each (2018 dollars)Page 72 of 340 A GREAT CITY…FOR GENERATIONS TO COME Socio-Economic Assessment Benefit-Cost Analysis BCA Net Present Value (NPV) Benefits –Costs = NPV If NPV is positive, accept the project Internal Rate of Return (IRR) If IRR > discount rate, accept the project Benefit-Cost Ratio (BCR) Benefits / Costs = BCR If BCR >1, accept the project Page 73 of 340 A GREAT CITY…FOR GENERATIONS TO COME Next Steps •Complete benefit-cost analysis •Continue discussions with the affected Rail Companies and Niagara Region •Develop a formal recommendation that will be brought forward to Council for direction and approval •Complete study documentation (Summer 2018) •Continue to monitor rail traffic at crossings to gather meaningful evidence about recurring CN rail operations violations and incidents.Page 74 of 340 A GREAT CITY…FOR GENERATIONS TO COME THANK YOU COMMENTS & QUESTIONS Page 75 of 340 PBD-2018-42 July 10, 2018 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2018-42 AM-2017-022, Zoning By-law Amendment Application Part of Lot 3, Broken Front Concession (Welland River) Applicant: Alex and Sheila Charkot Proposal: Proposed Single Detached Dwelling RECOMMENDATION That Council approve the Zoning By-law amendment application to rezone the lands to a site specific Residential Single Family (R1A) zone, in part, and the Environmental Protection Area (EPA) zone, in part, to permit a single detached dwelling, subject to a holding (H) regulation prohibiting the development until a Stage 2 Archaeological Assessment and any subsequent studies as determined by the licenced archaeologist are completed, to the satisfaction of the Region and filed with the Ministry of Tourism, Culture and Sport. EXECUTIVE SUMMARY Alex and Sheila Charkot have requested a Zoning By-law amendment for a vacant parcel of land (0.32 hectare) located on the south side of Lyon’s Creek, west of Stanley Avenue. The land is requested to be rezoned from Conservation-Open Space, in accordance with Zoning By-law No. 395, to a site specific Residential Single Family 1A Density (R1A) zone, in part, and the Environmental Protection Area (EPA) zone, in part. The R1A zone will facilitate construction of a single detached dwelling on the front portion of the lands and will ensure protection of the Provincially Significant Wetlands (PSW) located on the rear portion of the subject lands. Planning staff recommends the application for the following reasons:  The proposal complies with Provincial policies by making use of an oversized undeveloped parcel within the Built–Up Area, thereby contributing to City’s intensification target and by preserving the natural heritage features existing on the lands;  The subject lands are designated Urban Area in th e Regional Official Plan (ROP). The ROP promotes development of housing that is suited to the needs of a variety of households and income groups in Niagara;  The application has been satisfactorily reviewed by the Niagara Peninsula Conservation Authority to ensure that the proposed single detached dwelling will be located outside the regulated floodplain and would have no negative impact on the existing natural heritage features on the lands; Page 76 of 340 2 PBD-2018-42 July 10, 2018  The land is designated Residential, in part and Environmental Protection Area (EPA), in part, in the City’s Official Plan. The predominant use of land in areas designated Residential is to be for dwelling units of all types catering to a wide range of households and the EPA designation apply to Provicially Significant Wetlands and NPCA regulated natural heritage features;  The proposed EPA zone is in conformity with the Official Plan’s Environmental Protection Area and will protect the Provincially Significant Wetlands on the property; and  The requested zoning will provide appropriate regulations for the development that will ensure protection of the regulated floodplain and its compatibility with the surrounding properties. The amending by-law should include Holding (H) provisions prohibiting the development of the lands until a Stage 2 Archaeological Assessment and any subsequent studies as determined by the licenced archaeologist are completed, to the satisfaction of the Region and filed with the Ministry of Tourism, Culture and Sport. BACKGROUND Proposal The applicant has requested a Zoning By-law amendment for a vacant parcel of land (0.32 hectare) located on the south side of Lyon’s Creek, west side of Stanley Avenue , shown on Schedule 1. The lands are zoned Conservation -Open Space, in accordance with Zoning By-law No. 395, which does not permit a detached dwelling. The applicant is requesting the front portion of the lands to be rezoned to Residential Single Family 1A Density (R1A) zone with site specific regulations, and the rear portion be rezoned to the Environmental Protection Area (EPA) zone, in accordance with zoning By-law No.79- 200. Schedule 2 shows the details of the proposed development. Site Conditions and Surrounding Land Uses The subject lands are currently vacant. Lands to the north of the subject site are vacant. Single detached dwellings are located to the east and west of the subject lands. Lyon’s Creek abuts the subject lands to the south . Circulation Comments Information regarding the requested 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:  Regional Municipality of Niagara  The land is located within the Settlement Area under the 2014 Provincia l Policy Statement (PPS) and within the Delineated Built-Up Area under 2017 Places to Grow, for the Greater Golden Horseshoe (Growth Plan). Page 77 of 340 3 PBD-2018-42 July 10, 2018 The PPS directs growth to settlement areas and encourages efficient use of land, resources, infrastructure, and public service facilities that are planned or available. The proposal meets the intent of the Provincial policy through the introduction of additional dwelling in the neighbourhood. The proposed development will also aid the City in meeting the 40% intensification target for the Built-up Area. Lastly, the proposal satisfies the intent of Provincial policies by making use of an oversized parcel within the Built–Up Area, thereby contributing to City’s intensification target albeit in a minor way.  The subject land is designated Urban Area in the Regional Official Plan (ROP). A full range of residential, commercial and industrial uses are generally permitted within the Urban Area designation. The ROP promotes higher density in Urban Areas and supports growth that contributes to the overall goal of providing a sufficient supply of housing that is affordable, accessible and suited to the needs of a variety of households and income groups in Niagara. The proposal aligns with the Regional policies.  The Region’s Core Natural Heritage Map identifies several Core Natural Heritage features on the subject land, which are designated under the Regional Official Plan (ROP), including, Environmental Protection Area (EPA) associated with the Lyons Creek Provincially Signif icant Wetland and Environmental Conservation Area (ECA) for a Significant Valleyland and the buffer area. ROP policy 7.B.1.10 states that development and site alteration is not permitted within EPAs. The lands proposed to be rezoned to R1A are outside of the area mapped as EPA in the ROP; therefore, the proposal complies with this policy.  The PPS and ROP provide direction for the conservation of significant cultural heritage and archaeological resources. Section 2.6.2 of the PPS states that, “development and site alteration shall not be permitted on lands containing archaeological resources or areas of archaeological potential, unless significant archaeological resources have been conserved.” An archaeological assessment was required by the Regional staff as the subject lands was identified as having high potential for discovery of archaeological resources as a result of their proximity to several watercourses and two registered archaeological sites. The applicant has completed a Stage 1 archaeological assessment, which recommended completion of a Stage 2 archaeological assessment. Regional staff understands that the applicant is in the process of having this completed. Therefore, Regional staff recommended that a Holding regulation be included in the Zoning By-law to require the submission of the Stage 2 assessment, and any subsequent studies as determined by the licensed archaeologist. Staff notes that the removal of a Holding regulation will require additional Regional review fees. Page 78 of 340 4 PBD-2018-42 July 10, 2018 - The applicant is proposing to build a 195 square meter dwelling with 2 bedrooms and < 20 fixture units on the lot. A sewage system design has been reviewed by Regional staff and the design meets with minimum Ontario Building Code (OBC) requirements. Since the sewage system is fully raised above the existing grades, a drainage plan will be required to divert any surface water away from the sewage system. Staff has no objection to the application, provided a sewage system permit application for the property is applied for and the following conditions are met: 1. The lot grading and drainage plan must be submitted for review, which shows the finished grades for the house, garage, driveway, and sewage system. It must be shown that there is no run off or negative drainage impacts to neighbouring properties. 2. House plans will be required to confirm the maximum daily design flow rate of 1100 L/day. The daily sewage flow rate of the proposed dwelling shall not exceed 1100 L/day (195 m2, 2 bedrooms and 20 fixture units) and must be constructed outside of the floodplain buffer. - Due to the small size of the property, there is no area available for amenities such as pools, patios, sheds, etc. and no structures are permitted on any part of the sewage system, as per OBC requirements. In addition, there is no additional land available for any modifications to the sewage system; therefore, any future increases in sewage flows would not be approved. - The applicant is proposing to continue using the existing gravel access to the property as the driveway to the subject lands. However, Regional staff notes that this location is within the functional area of the Lyons Creek/Stanley Avenue intersection which also has an eastbound left-turn lane. Regional staff prefers the driveway be located further west in order to avoid any conflicts with the traffic at the intersection. If relocation of the driveway is not possible, Regional staff advise the applicant that any vehicle travelling west on Lyons Creek may experience difficulty turning left into the property due to eastbound vehicles waiting at the intersection. Additionally, any vehicle waiting to turn into the site may cause other vehicles travelling westbound to stack into the intersection causing conflicts. Furthermore, the applicant is advised that the necessary Regional Entrance and/or Construction Encroachment Permits will be required for the property.  Niagara Peninsula Conservation Authority.  No objections. Page 79 of 340 5 PBD-2018-42 July 10, 2018  Transportation Services, Building Services and Fire Services  No objections Neighbourhood Open House A neighbourhood open house was held on June 7, 2018. No area property owners or residents attended the meeting. ANALYSIS/RATIONALE 1. Provincial Policies The Planning Act requires City planning decisions to comply with Provincial policies. These policies direct municipalities to facilitate residential intensification within urban areas to help meet intensification targets. The subject land is located within the Settlement Area under the 2014 Provincial Policy Statement (PPS) and within the Built-Up Area under the 2017 Places to Grow, for the Greater Golden Horseshoe (Growth Plan). The subject lands are currently undeveloped. The proposed development is a form of residential intensification promoted by the Province and will aid the City in achieving the 40% intensification target within the Built-Up Area. 2. Official Plan The subject lands are designated Residential, in part, and Environmental Protection, in part, in the City’s Official Plan. The applicant is proposing to construct a single detached dwelling on the portion of the lands that are designated Residential. The proposed development will be similar to other residential developments in the neighbourhood in terms of density, building mass, setbacks and appearance. The portion of the lands that are designated Environmental Protection Area (EPA) contain Provincially Significant Wetlands (PSW) and is within the floodplain. The Official Plan does not permit any development or site alteration in the lands designated EPA. The applicant is not proposing any development within the area designated EPA. The Official Plan requires uses within the urban area to connect to munici pal services where available. Currently no municipal services are available for the proposed development. The applicant will be connecting to municipal services, once they are available in future. In the interim basis the applicant is proposing to install a septic system and cistern on the property. The design of the septic system has been satisfactorily reviewed by the Region. 3. Zoning By-law The lands are currently zoned Conservation-Open Space, in accordance with Zoning By-law No. 395. The current zoning of the lands does not permit a Page 80 of 340 6 PBD-2018-42 July 10, 2018 residential use. The zoning of the lands is requested to be changed to a new site specific Residential Single Family 1A Density (R1A) zone , in part and Environmental Protection Area, in part, to allow construction of a single detached dwelling. A number of changes to the standard R1A regulations are requested and summarized in the following table: ZONE REGULATIONS EXISTING REGULATIONS REQUESTED REGULATIONS Minimum lot area 800 square metres 1256 square metres Minimum lot frontage 21 m 54.92 m Minimum rear yard depth 7.5 m 51 m 1.47 m (to the boundary of EPA zone) Minimum interior side yard width (easterly) 1.2 m 8.7m Minimum interior side yard width (westerly) 1.2 m 22.6 m Maximum lot coverage 45%e 20% m Minimum landscaped open space 30% 80% Maximum building height 10 m 7m The proposed zoning by-law amendment can be supported for the following reasons:  The proposal exceeds the zoning by-law requirements for all the provisions.  The rear yard depth for the proposed detached dwelling is 51 m, however the rear yard setback of 1.47 m is proposed from the EPA zone boundary. The proposal can be supported as the proposed development is located outside the regulated floodplain and the Provincially Significant Wetlands and would have no negative impact of the natural heritage features.  The applicant has also requested the Provincially Significant Wetlands (PSW) and associated buffers to the south of the proposed dwelling to be placed under an EPA zone. The EPA zone will ensure no development or site alteration occurs in the lands zoned EPA and will aid in protection and preservation of the natural features associated with the PSW . CITY’S STRATEGIC INITIATIVE The application does not affect any of the City’s strategic commitments. Page 81 of 340 7 PBD-2018-42 July 10, 2018 LIST OF ATTACHMENTS  Schedule 1 – Location Map  Schedule 2 – Site Plan Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer A.Dilwaria:mb Attach. S:\PDR\2018\PBD-2018-42, AM-2017-022, Zoning By-law Amendment.docx Page 82 of 340 8 PBD-2018-42 July 10, 2018 SCHEDULE 1 Page 83 of 340 9 PBD-2018-42 July 10, 2018 SCHEDULE 2 Page 84 of 340 PBD-2018-43 July 10, 2018 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2018-43 AM-2018-008, Zoning By-law Amendment Application 26CD-11-2018-004, Plan of Vacant Land Condominium Northwest corner of Kalar Road and Mulberry Drive (Block 88, Plan 59M-388) 26CD-11-2018-005, Plan of Vacant Land Condominium 7787 and 7913 Kalar Road 26CD-11-2018-006, Plan of Vacant Land Condominium 8273 Tulip Tree Drive Applicant: Imagine Townhomes GP Inc. Agent: Upper Canada Consulting (Jennifer Vida) RECOMMENDATIONS 1. That the subject Plans of Vacant Land Condominium be draft approved subject to the conditions in Appendices A, B and C; 2. That the Mayor or designate be authorized to sign the draft plan s 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 Mayor and City Clerk be authorized to execute the Condominium Agreements and any required documents to allow for the future registration of the condominiums when all matters are addressed to the satisfaction of the City Solicitor; and 5. That the application to amend the Zoning By-law be approved as detailed in this report. EXECUTIVE SUMMARY Imagine Homes GP Inc. is proposing to develop 3 Plans of Vacant Land Condominium on 3 parcels of land. Parcel one is on the North-W est corner of Kalar Road and Mulberry Drive and known as Block 88, Plan 59M-388. Parcel two is known as 7787 and 7913 Kalar Road. Parcel 3 is known as 8273 Tulip Tree Drive. The condominiums will divide Parcel 1 into 39 units of land, Parcel 2 into 38 units of land and Parcel 3 into 37 units of land, all with common private roads, visitor parking and amenity areas. The condominium will allow the individual ownership of the townhouse and quadruplex dwelling units. The Page 85 of 340 2 PBD-2018-43 July 10, 2018 developer has also applied to amend Zoning By-law No. 79-200 to provide the necessary regulations to permit the developments. Planning staff recommends the applications for the following reasons:  The developments conform to applicable Provincial policies and the Regional Official Plan;  The developments conform to the City’s Official Plan and the Garner South Secondary Plan and will provide housing choices in the Warren Woods neighbourhood for residents;  The requested zoning by-law amendments provides development standards to regulate the development of the proposed condominiums and ensure compatibility with surrounding development; and  City and Regional interests will be addressed through the fulfillment of the conditions contained in Appendices A, B and C. BACKGROUND Proposal Imagine Homes GP (Niagara) Ltd. proposes to register Vacant Land Condominium s on 3 parcels within the Warren Woods development, as shown in Schedule 1. Parcels 1 and 3 are blocks created through the Warren Woods Phase 1 and Phase 3 subdivisions , respectively. Parcel 2 is two remnant parcels of land. These plans will permit the creation of vacant land units (parcels) for the future sale of 31 townhouse dwelling units and 8 quadruplex dwelling units on Parcel 1, 38 townhouse dwelling units on Parcel 2 and 37 townhouse dwelling units on Parcel 3. Schedules 2, 3 and 4 show the proposed unit layout on Parcels 2, 3 and 4, respectively. The applicant has also submitted an application to amend Zoning By -law No. 79-200 for the three parcels (AM-2018-008) to have new zoning provisions applied to them. Parcels 1 and 3 are zoned site specific Residential Low Density, Grouped Multiple Dwellings (R4 - 856 and R4-1000, respectively) by By-law No. 79-200, as amended by By-law Nos. 2009- 51 and 2014-52. These zones permit the lands to be developed with an apartment dwelling, a townhouse dwelling, group dwellings consisting of 2 or more apartment or townhouse dwellings and accessory buildings and structures. Parcel 2 is zoned Development Holding (DH) in accordance with By-law No. 79-200, which limits the use of the land to a single detached dwelling and uses existing in 1979. The three parcels are requested to be placed under new Residential Low Density, Grouped Multiple Dwellings (R4) zones, with site specific provisions removing an apartment dwelling as a permitted use on each parcel and adding a quadruplex dwelling as a permitted use on Parcel 1, and adding site specific regulations to permit the dwellings in the configurations and building heights proposed. Page 86 of 340 3 PBD-2018-43 July 10, 2018 Site Conditions and Surrounding Land Uses The subject lands form part of the Warren Woods Development. Parcel 1 was created as a multiple unit block in the Warren Woods Phase 1 subdivision and is vacant. This parcel is adjacent to Warren Creek to the north and west, single detached dwellings to the south and Kalar Road to the east. Parcel 2 consists of two remnant parcels and is occupied by construction trailers and a detached dwelling, which is to be demolished. This parcel is adjacent to Warren Creek to the west and south, a hydro corridor to the north and single detached dwellings to the east. Parcel 3 was created as a multiple unit block in the Warren Woods Phase 3 Subdivision and is vacant. This parcel is adjacent to Warren Creek to the north, on-street townhouses to the west, and natural heritage lands and a stormwater management pond to the south and east. Circulation Comments  Regional Municipality of Niagara (the Region)  No objections. The proposal aligns with Regional growth management policies by utilizing existing services and diversifying housing forms in the neighbourhood. The Region provided several conditions to address standard development requirements. These conditions have been included in Appendices A, B and C.  Cytec Canada Inc.  No objections to the proposed use, however Cytec requests building heights be limited to 10 metres or 3 storeys, whichever is lesser, on Parcel 1 and 10 metres or 2.5 storeys, whichever is lesser, on Parcels 2 and 3. Cytec also requests a warning clause to be inserted into each Condominium agreement, warning of nearby industry. These conditions have been included in Appendices A, B and C.  Niagara Peninsula Conservation Authority, District School Board of Niagara  No objections.  Municipal Works, Transportation Services, Parks Design, Fire Services, Hydro One Networks Inc. (HONI), Enbridge Gas, and Canada Post  No objections. Requested conditions included in Appendices A, B and C. Page 87 of 340 4 PBD-2018-43 July 10, 2018 Neighbourhood Open House A neighbourhood open house was held on May 22, 2018 and was attended by the developer, the developer’s planner, City Staff and 15 residents. The residents raised concerns about the Warren Woods development as a whole, including the lack of parkland and playgrounds, insufficient traffic calming on local streets and the lack of sidewalks on Kalar Road. The neighbours asked if a portion of one of the blocks could be used for a public park. The residents also asked for further information on the height and design of the dwellings.. The applicant provided further information about the parkland concept for W arren Woods. Residents were informed that there would be a park developed in the near future in the draft approved Warren Woods Phase 5 Subdivision and a second park is planned closer to McLeod Road and will be proved once the area is developed. It was noted that developing a public park on the subject parcels was not possible, as they were not owned by the City and designated for medium density development. Staff noted that concerns regarding traffic calming and sidewalks on Kalar Road would be reviewed. The applicant also provided further information on the design of the dwellings noting that townhouse units would generally be 2 storeys. Quadruplex dwellings on Parcel 1 would be 3 storeys in keeping with current zoning. In addition it was noted that the dwellings on the 3 parcels were intended to be oriented towards Kalar and Brown Roads. ANALYSIS/RATIONALE 1. Provincial Policy Statement and Growth Plan The Planning Act requires City planning decisions to comply with Provincial policies. Greenfield areas, such as the area the subject land is located in, are to be developed at a minimum density of 53 jobs and persons per hectare. The subject developments have a combined density of about 96 jobs and persons per hectare, which will assist the City in meeting minimum greenfield area targets as a whole. As such, the proposed developments comply with ap plicable Provincial policies. . 2. Official Plan and Garner South Secondary Plan The subject lands are designated Medium Density Residential in the Garner South Secondary Plan (GSSP). Lands designated Medium Density Residential are intended to be developed for townhouses, apartment buildings and other multiple unit forms of housing, at densities between 50 and 75 units per hectare, with lower densities permitted provided greenfield density targets noted above are met. The GSSP also mandates maximum building heights in certain areas as further detailed below. The proposed development conforms to the Official Plan and the GSSP as follows:  The proposed developments will have densities of between 36 and 39 units per hectare. While these densities are below the minimum density of 50 Page 88 of 340 5 PBD-2018-43 July 10, 2018 units per hectare stipulated for Medium Density Residential, these blocks will contribute to meeting targets for greenfield areas. With these developments and other approved or built developments; the GSSP area will be achieving a density of about 55 jobs and persons per hectare, above the minimum greenfield target of 53 jobs and persons per hectare ;  The developments comply with height limits implemented in the GSSP. This will lessen potential exposure of residents to emissions from potential emissions from nearby heavy industry. Through the implementing by-law, building height on Parcel 2 is to be limited to 3 storeys while on Parcel 3 it is to be limited to 2.5 storeys (Parcel 1 is outside of the restricted building height area and the proposed 3 storey dwellings comply); and  The dwellings are to be designed to face onto adjacent streets to animate abutting street frontages. 3. Zoning By-law Parcel 1 Parcel 1 is currently zoned R4-856, which permits townhouse dwellings, apartment buildings and group dwellings of two or more apartment or townhouse dwellings. The changes to the existing regulations are summarized in the following table: PROVISIONS EXISTING PROPOSED Apartment permitted Yes no Quadruplex permitted No yes Minimum front yard (Mulberry Dr) depth 6 m 4 m Minimum rear yard depth 7.5 m 7 m Minimum interior yard width one half building height 7 m Minimum exterior side yard (Kalar Rd) width 4.5 m 3 m Maximum lot coverage 35% 40% Maximum building height 12 m and 3 storeys 13.5 m (townhouse) 15 m (quadruplex) Minimum privacy yards 7.5 m 7 m (units 1 -20) none, decks above driveways (units 29-39) none (quadruplexes) Roofed over one storey porch may extend 2.5 m into required front rear yard may extend 3 m into any required yard (min 1.5 m from any lot line) Page 89 of 340 6 PBD-2018-43 July 10, 2018 The requested provisions can be supported for the following reasons:  The deletion of an apartment dwelling as a permitted use and addition of a quadruplex dwelling provides for housing types that are compatible with surrounding low density dwellings and provides additional housing choices;  the building setbacks maintain adequate separation distances between dwellings and the street and contribute to the desired compact built form; and  The applicant has indicated that the requested height for the townhouses has been increased to 13.5 metres to accommodate 3 storey buildings. The requested heights are acceptable, as the proposed dwellings would be modestly taller than currently allowed, and this additional height is to provide a pitched roof. Height should be limited to 13.5/15 metres and 3 storeys, whichever is lesser, and the amending by-law should include a requirement for a pitched roof. Parcel 2 Parcel 2 is currently zoned DH, which limits its use to a detached dwelling and uses existing in 1979. The requested R4 zoning would permit the proposed townhouses. The changes to the existing regulations are summarized in the following table: PROVISIONS EXISTING REQUESTED Apartment permitted Yes no Minimum front yard (Kalar Rd) depth 6 m 3.4 m Minimum rear yard depth 7.5 m 2.5 m (unit 17) 7.5 m (all other units) Minimum interior yard width one half building height 2.5 m (unit 9) 3.5 m (unit 17) one half building height (all other units) Maximum lot coverage 35% 40% Maximum building height 10 m no change Minimum privacy yards 7.5 m 3.5 m (unit 17) none decks above driveways (units 29-39) none (quadruplexes) Roofed over one storey porch may extend 2.5 m into required front or rear yard may extend 3 m into any required yard (min 1.5 m from any lot line) Page 90 of 340 7 PBD-2018-43 July 10, 2018 The requested provisions can be supported for the following reasons:  It is not necessary to retain and apartment dwelling in the list of permitted uses on the land as one is not proposed;  the building setbacks maintain adequate separation distances between dwellings and the street and contribute to the desired compact built form;  as the parcel is irregular in shape, the relief requested for units 9 and 17 is meant to accommodate the corners of the affected units; and  The current height regulations are acceptable, however, in keeping with Secondary Plan policies, building heights should be limited to 2.5 storeys. Parcel 3 Parcel 3 is currently zoned R4-1000, which permits townhouse dwellings, apartment buildings and group dwellings (two or more apartment or townhouse dwellings). The changes to the existing regulations are summarized in the following table: PROVISIONS EXISTING PROPOSED Apartment permitted Yes no Minimum front yard (Kalar Rd and Tulip Tree Dr) depth 6 m 3.4 m Minimum interior yard width one half building height 1.6 m (unit 29) one half building height (all other units) Maximum lot coverage 35% 40% Maximum building height 10 m and 2.5 storeys 10 m Minimum privacy yards 7.5 m 6 m (units 9-16) 7 m (all other units) Roofed over one storey porch may extend 2.5 m into required front rear yard may extend 3 m into any required yard (min 1.5 m from any lot line) The requested regulations can be supported for the following reasons:  It is not necessary to retain and apartment dwelling in the list of permitted uses on the land as one is not proposed;  the building setbacks maintain adequate separation distances between dwellings and the street and contribute to the desired compact built form that will assist in animating abutting streets;  The on street townhouses abutting unit 29 have a similar permitted side yard width of 1.5 m and therefore the reduction in the abutting side yard width for this yard is acceptable; and Page 91 of 340 8 PBD-2018-43 July 10, 2018  There is no changed to the permitted building height, however, in keeping with Secondary Plan policies, building heights should be limited to 2.5 storeys. 4. Condominium Design and Conditions of Approval The plans of condominium will accommodate the intended division of the parcels into vacant units of land that can be owned separately. The plan s will facilitate the sale of the dwelling units to be built on them. The 3 plans include private common roads off of abutting streets, visitor parking and amenity areas. The scale and height of the proposed dwellings will be compatible with the nearby dwellings. The developer will be required to enter into a condominium agreement with the City. The agreement will address any necessary works and warning clauses. The parcels have townhouse blocks that abut Brown and Kalar Roads with driveway access from within the townhouse blocks. As the GSSP discourages reverse lot frontages, dwellings built along both street frontages are to be designed to animate these streetscapes. The proposed townhouse blocks should be designed to front onto adjacent streets, and decorative wrought iron fencing should be used along the street lines instead of solid wood fencing. Conditions in the Appendices require the submission of architectural and landscape plans that demonstrate these requirements. Land that is developed as a vacant land condominium is not made subject to Site Plan Control because the development matters (i.e. site servicing/grading, landscaping, lighting, fencing, and waste disposal) are addressed in the condominium agreement. Appendices A, B and C include the typical conditions of approval including the review of drainage and storm servicing by the NPCA and HONI (with respect to the hydro corridor abutting Parcel 2 only) and for installation of the necessary facilities and services for Canada Post and Enbridge. The conditions also require the driveway on Parcel 2 to be shifted slightly southward from the north lot line to provide for snow storage. 5. Resident Concerns Residents have expressed concerns about the lack of parkland, traffic calming and sidewalks along Kalar Road. Staff note the following: - Additional parkland will be developed in the near future, in the draft approved Warren Woods Phase 5 Subdivision to the west of existing development. Parkland requirements for Parcels 1 and 3 have been dealt with through the respective subdivisions and are to be addressed for Parcel 2 through cash-in- lieu of parkland dedication; - Upon formal request by a resident, Transportation Services can initiate a study to review traffic calming in a neighbourhood and to determine if additional traffic calming is necessary; and Page 92 of 340 9 PBD-2018-43 July 10, 2018 - Reconstruction of Kalar Road is to start this summer. This reconstruction will provide a necessary sidewalk connection to McLeod Road. FINANCIAL IMPLICATIONS The proposed developments will generate development charge contributions and property tax revenue for the City. There are no other financial implications. CITY’S STRATEGIC COMMITMENT The proposed condominium complies with the City’s Official Plan. LIST OF ATTACHMENTS  Schedule 1 – Location Map  Schedule 2 – Parcel 1 -Condominium Plan  Schedule 3 – Parcel 2 -Condominium Plan  Schedule 4 – Parcel 3 -Condominium Plan  Appendix A – Parcel 1 - Conditions for Draft Plan Approval  Appendix B – Parcel 2 - Conditions for Draft Plan Approval  Appendix C – Parcel 3 - Conditions for Draft Plan Approval Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer A.Bryce:mb Attach. S:\PDR\2018\PBD-2018-43, AM-2018-008, 26CD-11-2018-004, 005, 006, Warren Woods Condo Blocks.docx Page 93 of 340 10 PBD-2018-43 July 10, 2018 SCHEDULE 1 Page 94 of 340 11 PBD-2018-43 July 10, 2018 SCHEDULE 2 Page 95 of 340 12 PBD-2018-43 July 10, 2018 SCHEDULE 3 Page 96 of 340 13 PBD-2018-43 July 10, 2018 SCHEDULE 4 Page 97 of 340 14 PBD-2018-43 July 10, 2018 APPENDIX A Conditions for Draft Plan Approval Parcel 1 (26CD-11-2018-004) 1. Approval applies to the Draft Plan of Vacant Land Condominium prepared by Upper Canada Consultants, dated April 23, 2018, showing 31 units of vacant land for townhouse dwelling units and 8 units of vacant land for quadruplex dwelling units as well as a common private road, visitor parking and amenity areas. 2. The developer submit to the City’s Senior Zoning Administrator all necessary drawings and information, including but not limited to, site, elevation and landscaping drawings to confirm zoning compliance. 3. The developer submit elevation and perspective drawings to Planning, Building and Development that illustrate a front elevation of units 29 to 39 inclusive facing Kalar Road. 4. The developer provide f our 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. 5. The developer enter into a Vacant Land Condominium Agreement with the City, to be registered on title, to satisfy all requirements, financial and otherwise, related to the development of the land. Note: Should any other body wish to have its conditions included in the Vacant Land Condominium Agreement, they may be required to become party to the Vacant Land Condominium Agreement for the purpose of enforcing such conditions. 6. The developer submit a Solicitor’s Certificate of Ownership for the land to the City Solicitor prior to the preparation of the Vacant Land Condominium Agreement. 7. The developer provide a landscape plan, prepared by a Landscape Architect (OALA), showing fencing, entrance features, streetscape treatment, internal landscaping/lot landscape design, patios, driveway locations and garbage enclosures/collection areas. Connectivity to adjacent green space, walking trails, and sidewalks should be illustrated. Fencing between the units and Kalar Road to be wrought iron or similar fencing, not exceeding 1.2 metres in height , save and except for privacy yard fencing. 8. The roadways, services, lot grading and underground services shall all be designed and constructed in accordance with City standards. The developer ensure that the existing municipal infrastructure will adequately service the development as demonstrated in a site servicing brief prepared by a Professional Engineer licensed in Ontario. Page 98 of 340 15 PBD-2018-43 July 10, 2018 Note: No looping connections of the existing watermain will be permitted at any point within the development (i.e. single connection to municipal distribution network only). 9. The developer submit a lighting plan prepared by a professional engineer. The design is to be independently powered and metered. Photometric plans are to be submitted demonstrating zero impact on neighbouring properties. 10. The developer provide the City with the proposed site servicing and grading scheme for the subject property to Municipal Works for review and comment prior to start of construction. 11. The developer pay the applicable development charges in place at the execution of the Vacant Land Condominium Agreement and prior to Building Permit issuance in accordance with By-law No. 2014-87, as amended. 12. The developer pay the City the applicable required fees for administration. 13. That the following condition be placed in the Vacant Land Condominium Agreement: “Owners shall be required to have their Engineering Consultant provide written acceptance that the works completed conform with the City’s accepted drawings and in accordance with NPSCD and City construction specifications.” 14. The developer submit a request to the Fire Department to designate, through municipal by-law, a fire access route on the property; provide a drawing illustrating the fire route’s compliance with sections 3.2.5.4., 3.2.5.5. and 3.2.5.6. of the Ontario Building Code; and post the necessary ‘No Parking’ signs. NOTE: parking shall be prohibited on both sides of the access roads. 15. The developer provide the necessary servicing drawings to Fire Services, to confirm compliance of the development with Section 3.2.5.7 of the Ontario Building Code, including the location of the fire hydrants. Fire hydrants to be identified will be private hydrants and as such need to be tested and m aintained in accordance with the requirements of the Ontario Fire Code. 16. The developer meet the requirements of Enbridge Gas Distribution with respect to the provision of their facilities to the subject lands including providing necessary easements, any necessary relocation of the gas main, provision of an exclusive use location for a pressure reducing regulator station, installation of gas piping and subsequent completion of landscaping, grading and paving, and service and meter installation details. 17. That a Centralized Mail Box (CMB) be located on the site in a location to be determined in cooperation with Canada Post, and that the developer identify this site on a display in the sales office prior to offering any units for sale. Page 99 of 340 16 PBD-2018-43 July 10, 2018 18. The developer include in all offers of purchase and sale, a statement that advises the prospective purchaser that the mail delivery will be from a designated Community Mail Box (CMB) and that the developer will be responsible for officially notifying the purchasers of the exact CMB locations and easements granted to Canada Post prior to the closing of any home sales. 19. The developer satisfy all requirements of Canada Post regarding temporary and permanent CMB locations and associated works, engineering servicing drawings, construction of a concrete pad, installation, notification of the start of construction and providing mail service information to property owners. 20. The condominium agreement between the developer and the City contain the following clause: “The developer agrees to implement the mitigation measures recommended by the Warren Woods Estates – Scoped EIS (March 18, 2009) prepared by L. Campbell & Associates and approved by the Niagara Peninsula Conservation Authority.” 21. The developer submit a written undertaking to Niagara Region indicating that draft approval of this condominium does not include a commitment of servicing allocation by the Regional Municipality of Niagara as this servicing allocation will be assigned at the time of registration and any pre-servicing will be at the sole risk and responsibility of the owner. 22. The developer submit a written undertaking to Niagara Region indicating that all Offers and Agreements of Purchase and Sale or Lease, which may be negotiated prior to registration of this condominium, shall contain a clause indicating that a servicing allocation for this condominium will not be assigned until the plan is registered, and a similar clause be inserted in the condominium agreement between the owner and the City. 23. The following clause be included in the condominium agreement: “Should deeply buried archaeological remains/resources be found on the property during construction activities, all activities impacting archaeological resources must cease immediately, notify the Archaeology Programs Unit of the Ontario Ministry of Tourism, Culture and Sport (416-212-8886) and a licensed archaeologist (owner’s archaeology consultant) is required to carry out an archaeological assessment in accordance with the Ontario heritage Act and the Standards and Guidelines for Consultant Archaeologists. In the event that human remains are encountered during construction, all activities must cease immediately and the local police as well as the Cemeteries Regulation Unit of the Ministry of Government and Consumer Services in Toronto (416-326- 8800) must be contacted. In situations where human remains are associated with archaeological resources, MTCS should also be notified to ensure that the site is Page 100 of 340 17 PBD-2018-43 July 10, 2018 not subject to unlicensed alterations which would be a contravention of the Ontario Heritage Act.” 24. Prior to final approval for registration of this plan of subdivision, the owner shall submit the design drawings (with calculations) for any proposed municipal sanitary and storm drainage systems require to service this development and ob tain Ministry of the Environment Compliance Approval under the Transfer of Review Program. 25. Verification of available wet weather sanitary capacity in the South Niagara Falls system and required mitigation measures required to accommodate development, be submitted for review and approval by the Niagara Region and City. 26. The development provide a written acknowledgement (stamped and signed) from a qualified professional engineer that the existing stormwater management facility will accommodate the proposed development. 27. Prior to approval of the final plan or any on-site grading, the owner shall submit an updated stormwater management plan and report for the condominium and the following plans designed and sealed by a qualified professional engineer in accordance with the Ministry of the Environment documents entitled Stormwater Management Planning and Design Manual, March 2003 and Stormwater Quality Guidelines for New Development, May 1991, or their successors to Niagara Region: a) Detailed lot grading and drainage, storm servicing, and stormwater management plans, noting both existing and proposed grading and the means whereby overland flows will be accommodated across the site; and b) Detailed construction erosion plans. 28. The condominium agreement contain provisions whereby the owner agrees to implement the approved plan(s) required by the condition no. 29. 29. The developer ensure the development provides an access that complies with Niagara Region’s Corporate Policy for Waste Collection and by-laws relating to the curbside collection of waste, throughout all phases of development (if applicable). If the proposal will be constructed in phases, where a through street is not maintained, the developer shall provide a revised draft plan to reflect a proposed temporary turnaround area/cul-de-sac to Regional standards. 30. The developer enters into an Indemnity Agreement with Niagara Region prior to commencement of Regional waste collection services to this site. If the o wner has not entered into the agreement at the time clearance of conditions is requested, a similar clause shall be included in the condominium agreement. Page 101 of 340 18 PBD-2018-43 July 10, 2018 Notes: 1. Prior to granting final plan approval, the City must be in receipt of written confirmation that the requirements of each condition have been me t and all fees have been paid to the satisfaction of the Niagara Region. 2. Prior to final approval for registration, a copy of the draft condominium agreement for the proposed development should be submitted to the Niagara Region for verification that the appropriate clauses pertaining to any of these conditions have been included. A copy of the executed agreement shall be provided prior to registration. 3. In order to request clearance of the above noted Regional conditions, a letter outlining how the conditions have been satisfied, together with all studies and reports (two hard copies and a PDF digital copy), the applicable review fee, and the draft condominium agreement shall be submitted to the Niagara Region by the applicant as one complete package, or c irculated to the Niagara Region by the City. 31. The following notice clause shall be included in the Condominium Agreement and in any Site Plan Agreement and in all Agreements of Purchase and Sale for the condominium units, 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: - Planning Division for Conditions 1 to 4 (inclusive) - Legal Services for Conditions 5 and 6 - Parks Design for Condition 7 - Municipal Works Department for Conditions 8 to 13 (inclusive) - Fire Services for Conditions 14 and 15 - Enbridge Gas for Condition 16 Page 102 of 340 19 PBD-2018-43 July 10, 2018 - Canada Post for Conditions 17 to 19 (inclusive) - Regional Niagara Public Works Department for Conditions 20 to 30 (inclusive) - Cytec Canada Inc. (Solvay) for Condition 31 Page 103 of 340 20 PBD-2018-43 July 10, 2018 APPENDIX B Conditions for Draft Plan Approval Parcel 2 (26CD-11-2018-005) 1. Approval applies to the Draft Plan of Vacant Land Condominium prepared by Upper Canada Consultants, dated April 23, 2018, showing 38 units of vacant land for townhouse dwelling units as well as a common private road, visitor parking and amenity areas. 2. The developer submit to the City’s Senior Zoning Administrator all necessary drawings and information, including but not limited to, site, elevation and landscaping drawings to confirm zoning compliance. 3. The developer provide f our 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. 4. That Street A be shifted southward from the north lot line to provide a minimum 1.5 metre landscaped open space strip for snow storage. 5. The developer enter into a Vacant Land Condominium Agreement with the City, to be registered on title, to satisfy all requirements, financial and otherwise, related to the development of the land. Note: Should any other body wish to have its conditions included in the Vacant Land Condominium Agreement, they may be required to become party to the Vacant Land Condominium Agreement for the purpose of enforcing such conditions. 6. The developer submit a Solicitor’s Certificate of Ownership for the land to the City Solicitor prior to the preparation of the Vacant Land Condominium Agreement. 7. The developer provide a landscape plan, prepared by a Landscape Architect (OALA), showing fencing, entrance features, streetscape treatment, internal landscaping/lot landscape design, patios, driveway locations and garbage enclosures/collection areas. Connectivity to adjacent green space, walking trails, and sidewalks should be illustrated. Fencing between the units and Kalar Road to be wrought iron or similar fencing, not exceeding 1.2 metres in height. 8. The roadways, services, lot grading and underground services shall all be designed and constructed in accordance with City standards. The developer ensure that the existing municipal infrastructure will adequately service the development as demonstrated in a site servicing brief prepared by a Professional Engineer licensed in Ontario. Note: No looping connections of the existing watermain will be permitted at any point within the development (i.e. single connection to munici pal distribution network only). Page 104 of 340 21 PBD-2018-43 July 10, 2018 9. The developer submit a lighting plan prepared by a professional engineer. The design is to be independently powered and metered. Photometric plans are to be submitted demonstrating zero impact on neighbouring properties . 10. The developer provide the City with the proposed site servicing and grading scheme for the subject property to Municipal Works for review and comment prior to start of construction. 11. The developer pay the applicable development charges in place at the execution of the Vacant Land Condominium Agreement and prior to Building Permit issuance in accordance with By-law No. 2014-87, as amended. 12. The developer pay the City the applicable required fees for administration. 13. That the following condition be placed in the Vacant Land Condominium Agreement: “Owners shall be required to have their Engineering Consultant provide written acceptance that the works completed conform with the City’s accepted drawings and in accordance with NPSCD and City construction specifications.” 14. The developer remove any redundant water and sanitary laterals in accordance with City Standards. 15. The developer submit a request to the Fire Department to designate, through municipal by-law, a fire access route on the property; provide a drawing illustrating the fire route’s compliance with sections 3.2.5.4., 3.2.5.5. and 3.2.5.6. of the Ontario Building Code; and post the necessary ‘No Parking’ signs. NOTE: parking shall be prohibited on both sides of the access roads. 16. The developer provide the necessary servicing drawings to Fire Services, to confirm compliance of the development with Section 3.2.5.7 of the Ontario Building Code, including the location of the fire hydrants. Fire hydrants to be identified will be private hydrants and as such need to be tested and maintained in accordance with the requirements of the Ontario Fire Code. 17. The developer meet the requirements of Enbridge Gas Distribution with respect to the provision of their facilities to the subject lands including providing necessary easements, any necessary relocation of the gas main, provision of an exclusive use location for a pressure reducing regulator station, installation of gas piping and subsequent completion of landscaping, grading and paving, and service and meter installation details. 18. That a Centralized Mail Box (CMB) be located on the site in a location to be determined in cooperation with Canada Post, and that the developer identify this site on a display in the sales office prior to offering any units for sale. Page 105 of 340 22 PBD-2018-43 July 10, 2018 19. The developer include in all offers of purchase and sale, a statement that advises the prospective purchaser that the mail delivery will be from a designated Community Mail Box (CMB) and that the developer will be responsible for officially notifying the purchasers of the exact CMB locations and easements granted to Canada Post prior to the closing of any home sales. 20. The developer satisfy all requirements of Canada Post regarding temporary and permanent CMB locations and associated works, engineering servicing drawings, construction of a concrete pad, installation, notification of the start of construction and providing mail service information to property owners. 21. The developer submit a written undertaking to Niagara Region indicating that draft approval of this condominium does not include a commitment of servicing allocation by the Regional Municipality of Niagara as this servicing allocation will be assigned at the time of registration and any pre-servicing will be at the sole risk and responsibility of the owner. 22. The developer submit a written undertaking to Niagara Region indicating that all Offers and Agreements of Purchase and Sale or Lease, which may be negotiated prior to registration of this condominium, shall contain a clause indicating that a servicing allocation for this condominium will not be assigned until the plan is registered, and a similar clause be inserted in the condominium agreement between the owner and the City. 23. The following clause be included in the condominium agreement: “Should deeply buried archaeological remains/resources be found on the property during construction activities, all activities impacting archaeological resources must cease immediately, notify the Archaeology Programs Unit of the Ontario Ministry of Tourism, Culture and Sport (416-212-8886) and a licensed archaeologist (owner’s archaeology consultant) is required to carry out an archaeological assessment in accordance with the Ontario Heritage Act and the Standards and Guidelines for Consultant Archaeologists. In the event that human remains are encountered during construction, all activities must cease immediately and the local police as well as the Cemeteries Regulation Unit of the Ministry of Government and Consumer Services in Toronto (416 -326- 8800) must be contacted. In situations where human remains are associated with archaeological resources, MTCS should also be notified to ensure that the site is not subject to unlicensed alterations which would be a contravention of the Ontario Heritage Act.” 24. Prior to final approval for registration of this plan of subdivision, the owner shall submit the design drawings (with calculations) for any proposed municipal sanitary and storm drainage systems require to service this development and obtain Ministry of the Environment Compliance Approval under the Transfer of Review Program. Page 106 of 340 23 PBD-2018-43 July 10, 2018 25. Verification of available wet weather sanitary capacity in the South Niagara Falls system and required mitigation measures required to accommodate development, be submitted for review and approval by the Niagara Region and City. 26. Prior to approval of the final plan or any on-site grading, the owner shall submit an updated stormwater management plan and report for the condominium and the following plans designed and sealed by a qualified professional engineer in accordance with the Ministry of the Environment documents entitled Stormwater Management Planning and Design Manual, March 2003 and Stormwater Quality Guidelines for New Development, May 1991, or their successors to Niagara Region: c) Detailed lot grading and drainage, storm servicing, and stormwater management plans, noting both existing and proposed grading and the means whereby overland flows will be accommodated across the site; and d) Detailed construction erosion plans. 27. The condominium agreement contain provisions whereby the owner agrees to implement the approved plan(s) required by the condition no. 27. 28. The developer ensure the development provides an access that complies with Niagara Region’s Corporate Policy for Waste Collection and by-laws relating to the curbside collection of waste, throughout all phases of development (if applicable). If the proposal will be constructed in phases, where a through street is not maintained, the developer shall provide a revised draft plan to reflect a proposed temporary turnaround area/cul-de-sac to Regional standards. 29. In order to accommodate Regional Waste Collection service, waste collection pas are required to be provided by the applicant for units 17, 18 and 19. The waste collection pads shall be designed/constructed in accordance to the details outlined in Niagara Regions’ Corporate Policy for Waste Collection. 30. The developer enters into an Indemnity Agreement with Niagara Region prior to commencement of Regional waste collection services to this site. If the owner has not entered into the agreement at the time clearance of conditions is requested, a similar clause shall be included in the condominium agreement. Notes: 1. Prior to granting final plan approval, the City must be in receipt of written confirmation that the requirements of each condition have been met and all fees have been paid to the satisfaction of the Niagara Region. 2. Prior to final approval for registration, a copy of the draft condominium agreement for the proposed development should be submitted to the Niagara Region for verification that the appropriate clauses pertaining to any Page 107 of 340 24 PBD-2018-43 July 10, 2018 of these conditions have been included. A copy of the executed agreement shall be provided prior to registration. 3. In order to request clearance of the above noted Regional conditions, a letter outlining how the conditions have been satisfied, together wi th all studies and reports (two hard copies and a PDF digital copy), the applicable review fee, and the draft condominium agreement shall be submitted to the Niagara Region by the applicant as one complete package, or circulated to the Niagara Region by the City. 31. The following notice clause shall be included in the Condominium Agreement and in any Site Plan Agreement and in all Agreements of Purchase and Sale for the condominium units, 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 cla use includes any successors and/or assigns in title to Cytec.” 32. Prior to final approval, the developer shall make arrangements satisfactory to Hydro One Networks Inc. (HONI) for lot grading and drainage. Two copies of the lot grading and drainage plans (true scale), showing existing and proposed final grades, shall be submitted to HONI for review and approval. The drawings shall identify the transmission corridor, location of towers within the corridor and any proposed uses within the transmission corridor. Drainage must be controlled and directed away from the transmission corridor. 33. At the developer’s expense, temporary fencing shall be installed along the edge of the transmission corridor prior to the start of construction and permanent fencing shall be installed along the mutual property line after construction is completed. 34. The developer agrees that HONI transmission corridor shall not be used without express written permission of HONI on the behalf of Ontario Infrastructure & Lands Corporation (OILC). During construction there shall be no storage of materials or mounding of earth, snow or other debris on the transmission corridor , nor shall vehicular access to any HONI facilities be blocked. The developer shall be responsible for restoration of any damage to the transmission corridor or HONI facilities thereon resulting from construction of the condominium. Page 108 of 340 25 PBD-2018-43 July 10, 2018 35. The costs of any relocations or revisions to HONI facilities that are necessary to accommodate the proposed condominium be borne by the developer. 36. The following warning clause be added to the condominium agreement: “The transmission lines abutting this condominium 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 conductor. The distance for 230 kV conductors is 4.5 metres (15 feet), and for 115 kV conductors it is 3 metres (10 feet). It is the proponent’s responsibility to be aware, and to make all personnel on site aware, that all equipment and personnel must come no closer than the distance specified in the Act. They should also be aware that the conductors can raise and lower without warning, depending on the electrical demand placed on the line. 37. That the developer acknowledge conditions 29 to 33 inclusive above 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 include road crossings on the transmission corridor are processed through the Provincial Secondary Land Use Program (PSLUP). HONI will review detailed engineering plans for such proposals separately, in order to obtain final approval. Should approval for a road crossing be granted, the developer 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 HONI transmission corridor is not to occur until the legal transfer(s) of lands or interests are completed. 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: - Planning Division for Conditions 1 to 3 (inclusive) - Transportation Services for Condition 4 - Legal Services for Conditions 5 and 6 - Parks Design for Condition 7 - Municipal Works Department for Conditions 8 to 14 (inclusive) - Fire Services for Conditions 15 and 16 - Enbridge Gas for Condition 17 - Canada Post for Conditions 18 to 20 (inclusive) - Regional Niagara Public Works Department for Conditions 21 to 30 (inclusive) - Cytec Canada Inc. (Solvay) for Condition 31 - Hydro One Networks Inc. (HONI) for Conditions 32 to 37 (inclusive) Page 109 of 340 26 PBD-2018-43 July 10, 2018 APPENDIX C Conditions for Draft Plan Approval Parcel 3 (26CD-11-2018-006) 1. Approval applies to the Draft Plan of Vacant Land Condominium prepared by Upper Canada Consultants, dated April 23, 2018, showing 37 units of vacant land for townhouse dwelling units as well as a common private road, visitor parking and amenity areas. 2. The developer submit to the City’s Senior Zoning Administrator all necessary drawings and information, including but not limited to, site, elevation and landscaping drawings to confirm zoning compliance. 3. The developer submit elevation and perspective drawings to Planning, Building and Development that illustrate a front elevation orientation of units 1 to 8 facing Brown Road and units 9 to 16 facing Kalar Road. 4. The developer provide f our 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. 5. The developer enter into a Vacant Land Condominium Agreement with the City, to be registered on title, to satisfy all requirements, financial and otherwise, related to the development of the land. Note: Should any other body wish to have its conditions included in the Vacant Land Condominium Agreement, they may be required to become party to the Vacant Land Condominium Agreement for the purpose of enforcing such conditions. 6. The developer submit a Solicitor’s Certificate of Ownership for the land to the City Solicitor prior to the preparation of the Vacant Land Condominium Agreement. 7. The developer provide a landscape plan, prepared by a Landscape Architect (OALA), showing fencing, entrance features, streetscape treatment, internal landscaping/lot landscape design, patios, driveway locations and garbage enclosures/collection areas. Connectivity to adjacent green space, walking trails, and sidewalks should be illustrated. Fencing between the units and Kalar and Brown Roads to be wrought iron or similar fencing, not exceeding 1.2 metres in height. 8. The roadways, services, lot grading and underground services shall all be designed and constructed in accordance with City standards. The developer ensure that the existing municipal infrastructure will adequately service the development as demonstrated in a site servicing brief prepared by a Professional Engineer licensed in Ontario. Page 110 of 340 27 PBD-2018-43 July 10, 2018 Note: No looping connections of the existing watermain will be permitted at any point within the development (i.e. single connection to municipal distribution network only). 9. The developer submit a lighting plan prepared by a professional engineer. The design is to be independently powered and metered. Photometric plans are to be submitted demonstrating zero impact on neighbouring properties. 10. The developer provide the City with the proposed site servicing and grading scheme for the subject property to Municipal Works for review and comment prior to start of construction. 11. The developer pay the applicable development charges in place at the execution of the Vacant Land Condominium Agreement and prior to Building Permit issuance in accordance with By-law No. 2014-87, as amended. 12. The developer pay the City the applicable required fees for administration. 13. That the following condition be placed in the Vacant Land Condominium Agreement: “Owners shall be required to have their Engineering Consultant provide written acceptance that the works completed conform with the City’s accepted drawings and in accordance with NPSCD and City construction specifications.” 14. The developer submit a request to the Fire Department to designate, through municipal by-law, a fire access route on the property; provide a drawing illustrating the fire route’s compliance with sections 3.2.5.4., 3.2.5.5. and 3.2.5.6. of the Ontario Building Code; and post the necessary ‘No Parking’ signs. NOTE: parking shall be prohibited on both sides of the access roads. 15. The developer provide the necessary servicing drawings to Fire Services, to confirm compliance of the development with Section 3.2.5.7 of the Ontario Building Code, including the location of the fire hydrants. Fire hydrants to be identified will be private hydrants and as such need to be tested and maintained in accordance with the requirements of the Ontario Fire Code. 16. The developer meet the requirements of Enbridge Gas Distribution with respect to the provision of their facilities to the subject lands including providing necessary easements, any necessary relocation of the gas main, provision of an exclusive use location for a pressure reducing regulator station, installation of gas piping and subsequent completion of landscaping, grading and paving, and service and me ter installation details. 17. That a Centralized Mail Box (CMB) be located on the site in a location to be determined in cooperation with Canada Post, and that the developer identify this site on a display in the sales office prior to offering any units for sale. Page 111 of 340 28 PBD-2018-43 July 10, 2018 18. The developer include in all offers of purchase and sale, a statement that advises the prospective purchaser that the mail delivery will be from a designated Community Mail Box (CMB) and that the developer will be responsible for officially notifying the purchasers of the exact CMB locations and easements granted to Canada Post prior to the closing of any home sales. 19. The developer satisfy all requirements of Canada Post regarding temporary and permanent CMB locations and associated works, engineering servicing drawings, construction of a concrete pad, installation, notification of the start of construction and providing mail service information to property owners. 20. The condominium agreement between the developer and the City contain the following clause: “The developer agrees to ensure no clearing of vegetation takes place on the site between May 1 and July 31 of each year, to protect nesting birds under the Migratory Bird Convention Act. Any proposed clearing of vegetation including trees, shrubs and grasses within these dates will require that an ecologist undertake detailed nest searches immediately prior to site alteration to ensure no active nests are present.” 21. The developer submit a written undertaking to Niagara Region indi cating that draft approval of this condominium does not include a commitment of servicing allocation by the Regional Municipality of Niagara as this servicing allocation will be assigned at the time of registration and any pre-servicing will be at the sole risk and responsibility of the owner. 22. The developer submit a written undertaking to Niagara Region indicating that all Offers and Agreements of Purchase and Sale or Lease, which may be negotiated prior to registration of this condominium, shall contain a clause indicating that a servicing allocation for this condominium will not be assigned until the plan is registered, and a similar clause be inserted in the condominium agreement between the owner and the City. 23. The following clause be included in the condominium agreement: “Should deeply buried archaeological remains/resources be found on the property during construction activities, all activities impacting archaeological resources must cease immediately, notify the Archaeology Programs Unit of the Ontario Ministry of Tourism, Culture and Sport (416-212-8886) and a licensed archaeologist (owner’s archaeology consultant) is required to carry out an archaeological assessment in accordance with the Ontario heritage Act and the Standards and Guidel ines for Consultant Archaeologists. In the event that human remains are encountered during construction, all activities must cease immediately and the local police as well as the Cemeteries Regulation Unit of the Ministry of Government and Consumer Services in Toronto (416-326- Page 112 of 340 29 PBD-2018-43 July 10, 2018 8800) must be contacted. In situations where human remains are associated with archaeological resources, MTCS should also be notified to ensure that the site is not subject to unlicensed alterations which would be a contravention of the Ontario Heritage Act.” 24. Prior to final approval for registration of this plan of subdivision, the owner shall submit the design drawings (with calculations) for any proposed municipal sanitary and storm drainage systems require to service this development and obtain Ministry of the Environment Compliance Approval under the Transfer of Review Program. 25. Verification of available wet weather sanitary capacity in the South Niagara Falls system and required mitigation measures required to accommo date development, be submitted for review and approval by the Niagara Region and City. 26. The development provide a written acknowledgement (stamped and signed) from a qualified professional engineer that the existing stormwater management facility will accommodate the proposed development. 27. Prior to approval of the final plan or any on-site grading, the owner shall submit an updated stormwater management plan and report for the condominium and the following plans designed and sealed by a qualified professional engineer in accordance with the Ministry of the Environment documents entitled Stormwater Management Planning and Design Manual, March 2003 and Stormwater Quality Guidelines for New Development, May 1991, or their successors to Niagara Region: e) Detailed lot grading and drainage, storm servicing, and stormwater management plans, noting both existing and proposed grading and the means whereby overland flows will be accommodated across the site; and f) Detailed construction erosion plans. 28. The condominium agreement contain provisions whereby the owner agrees to implement the approved plan(s) required by the condition no. 27. 29. The developer ensure the development provides an access that complies with Niagara Region’s Corporate Policy for Waste Collection and by-laws relating to the curbside collection of waste, throughout all phases of development (if applicable). If the proposal will be constructed in phases, where a through street is not maintained, the developer shall provide a revised draft plan to reflect a proposed temporary turnaround area/cul-de-sac to Regional standards. 30. In order to accommodate Regional Waste Collection service, waste collection pads are required to be provided by the applicant for units 21 -29 inclusive and 9 and 10. The waste collection pads shall be designated/constructed in accordance to the details outlined in Niagara Regions’ Corporate Policy for Waste Collection. Page 113 of 340 30 PBD-2018-43 July 10, 2018 31. The developer enters into an Indemnity Agreement with Niagara Region prior to commencement of Regional waste collection services to this site. If the owner has not entered into the agreement at the time clearance of conditions is requested, a similar clause shall be included in the condominium agreement. Notes: 4. Prior to granting final plan approval, the City must be in receipt of written confirmation that the requirements of each condition have been met and all fees have been paid to the satisfaction of the Niagara Region. 5. Prior to final approval for registration, a copy of the draft condom inium agreement for the proposed development should be submitted to the Niagara Region for verification that the appropriate clauses pertaining to any of these conditions have been included. A copy of the executed agreement shall be provided prior to registration. 6. In order to request clearance of the above noted Regional conditions, a letter outlining how the conditions have been satisfied, together with all studies and reports (two hard copies and a PDF digital copy), the applicable review fee, and the draft condominium agreement shall be submitted to the Niagara Region by the applicant as one complete package, or circulated to the Niagara Region by the City. 32. The following notice clause shall be included in the Condominium Agreement and in any Site Plan Agreement and in all Agreements of Purchase and Sale for the condominium units, 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: - Planning Division for Conditions 1 to 4 (inclusive) Page 114 of 340 31 PBD-2018-43 July 10, 2018 - Legal Services for Conditions 5 and 6 - Parks Design for Condition 7 - Municipal Works Department for Conditions 8 to 13 (inclusive) - Fire Services for Conditions 14 and 15 - Enbridge Gas for Condition 16 - Canada Post for Conditions 17 to 19 (inclusive) - Regional Niagara Public Works Department for Conditions 20 to 31 (inclusive) - Cytec Canada Inc. (Solvay) for Condition 32 Page 115 of 340 Am-20/Mo; ,‘\)\1'*("(s"<M.L./>).‘r"\‘ ‘T, Parcel 3 -Request for Small Park/Play Area I;;f"¢éé‘S}:::ar1 Name Address Email or Phone # \L \\\I.’\F"c( ,\)\'.\z~(V(;v‘{Hx \<(\-(“—n"<«'-\\«H. ’’// I’/4 ‘ ‘l\€‘)v"{ 7.2»?L ».\wJtf(\% ’3}'{T"“'9 « ‘w . I m.?'/ Q/"'(.‘Jf"“<5"¢<\.)C«\».\R vr \Q‘;}\c,;.m »:.._\\.:,«,~.,.A Cam.) N KHann‘hr1V|S\unIlw innu- JUN1 32018 PLANNING &DEVEt_O_IfnMENTuujjxsv Page 116 of 340 Page 117 of 340 PBD-2018-44 July 10, 2018 REPORT TO:Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY:Planning, Building & Development SUBJECT: PBD-2018-44 AM-2018-010, Zoning By-law Amendment Application Lots 79 & 80, Plan 193 Lands on the North Side of McLeod Road, East of Sharon Avenue Proposal: 2 ½ storey, 6 Unit Apartment Building Applicant: Tom Vattovaz Agent: Jeannine Yager-Aiello RECOMMENDATION 1. That Council approve the Zoning By-law amendment application to rezone the lands a site specific Residential Apartment 5A Density (R5A) zone to permit a 2 ½ storey, 6 unit apartment building, subject to the regulations outlined in this report; and 2. That Council approve the request to pass a by-law to deem Lots 79 and 80, Plan 193, to not be in a plan of subdivision and that this by-law be placed on Council’s agenda at the same time as the amending zoning by-law. EXECUTIVE SUMMARY Tom Vattovaz has requested a Zoning By-law amendment for two parcels of land, known as Lots 79 and 80, Plan 193, totalling 1115 square metres (0.27 acres). The applicant requests the property be rezoned to a site specific Residential Apartment 5A Density (R5A) zone to permit the construction of a 2 ½ storey, 6 unit apartment building. The amendment is recommended for the following reasons: The proposed development conforms to Provincial and Regional policies as it intensifies the use of land within the built up area of the City and will provide additional housing choice for residents; The proposed development conforms with the City’s Official Plan with respect to the type of units, density and built form permitted on residential lands that front onto an arterial road; and The requested R5A zone permits an apartment building and the requested site specific regulations are appropriate to ensure the development will be compatible with surrounding properties. BACKGROUND Proposal Tom Vattovaz has requested a Zoning By-law amendment for two parcels of land, known as Lots 79 and 80, Plan 193, totalling 1115 square metres (0.27 acres). Refer to Schedule 1 to locate the land. The zoning amendment is requested to permit the development of a 2 ½ storey, 6 unit apartment building. Schedule 2 shows details of the proposed development. Page 118 of 340 2 PBD-2018-44 July 10, 2018 The land is currently zoned Institutional (I), in accordance with Zoning By-law No. 79- 200, which does not permit apartment buildings. The applicant is requesting the land be rezoned Residential Apartment 5A Density (R5A) which permits an apartment building. Site specific lot area, rear yard depth, side yard width and front yard screening regulations, are requested to permit the development as proposed. The lands were previously subject of an Official Plan and Zoning By-law Amendment application to permit a car wash (AM-2016-005). This application was denied by Council in March, 2017. Site Conditions and Surrounding Land Uses The property consists of two undeveloped lots that were originally intended for single detached dwellings. The lots were formerly part of the holdings of the place of worship to the east. The property is surrounded by single detached dwellings to the north and west, and the place of worship and associated parking lot to the east. A small plaza, an office and several detached dwellings exist to the south on the opposite side on McLeod Road. Circulation Comments Information about the requested 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: Regional Municipality of NiagaraNo objections from a Provincial or Regional perspective. The proposal utilizes existing services and provides an alternative form of higher density housing in a neighbourhood dominated by low density dwellings, and therefore conforms to the Regional Policy Plan. Further review of noise impacts, access and stormwater management will occur at the site plan stage. A 2.15 metre road widening will be required to be dedicated at that time. Municipal Works No objections to the rezoning. Through a future site plan application site servicing and grading plans and a servicing study will be required for review. Fire Services, Building Services No objections to the rezoning. The provision of fire access and hydrants in accordance with the Ontario Building Code will need to be demonstrated at the site plan stage. Parks Design No objections to the rezoning. Through the future site plan a landscaping plan will be reviewed. 5% cash-in-lieu of parkland dedication will be required. Page 119 of 340 3 PBD-2018-44 July 10, 2018 Legal Services, Transportation Services No objections. Public Comments Three letters of objection have been received and are included on tonight’s agenda. The letters object to the introduction of the apartment building in the neighbourhood. Neighbourhood Open House A neighbourhood open house was held on June 6, 2018 and was attended by 9 neighbours. Some neighbours expressed a concern with the introduction of rental housing on the site and noted they preferred if the property remained under Institutional zoning. The neighbours to the west of the land did not express concerns with the proposal, but were concerned with the reconstruction of McLeod Road. The applicant stated that the units are intended to be more upscale and geared towards seniors. City staff noted that in the report on the previous application for a car wash it was sated that a 4 to 6 unit apartment building would be a more compatible development than the proposed car wash. ANALYSIS 1. Provincial Policies The Planning Act requires City planning decisions to comply with Provincial policies. Currently a minimum of 40% of all residential development occurring annually is to be in Built-up Areas. The subject land is located in the Built-up Area. If built, the proposed apartment building will assist in meeting these targets and is a form of residential intensification promoted by the Province. In addition, the development will provide an additional housing option for residents in the area. 2. Official Plan The subject land is designated Residential in the City’s Official Plan. Residential land along arterial roads may be developed with apartments and other multiple forms of housing ranging in density between 50 and 75 units per hectare, and building height up to 4 storeys. The proposal is within the intent of the Official Plan as follows: The development would have a density of 54 units per hectare, within the density range expected for the property; The building has been designed with a building height that is consistent with surrounding development and additional setbacks that ensure its compatibility with surrounding development; and The development reduces the number of potential entrances on McLeod Road. In addition, vehicles exiting the site will do so in a forward fashion, which would be safer than having vehicles backing out of a driveway. The Official Plan seeks to maintain a rental vacancy rate of 3%; however recent Canada Mortgage and Housing Corporation statistics show the Page 120 of 340 4 PBD-2018-44 July 10, 2018 City’s vacancy rate has dropped to 1.8%. The provision of additional rental housing will assist in addressing this shortage. 3. Zoning By-law The property is currently zoned Institutional (I) in accordance with Zoning By-law No. 79-200. The I zone permits the use of the land to a variety of institutional type uses, including places of worship, retirement and nursing homes, and community buildings. The requested Residential Apartment 5A Density (R5A) zone permits the proposed apartment building. The departures requested from the standard R5A regulations are summarized in the following table: R4 ZONE STANDARD REGULATION PROPOSED REGULATION Minimum lot area 200 sq. m./unit 185 sq. m./unit Minimum rear yard depth 10 metres 9 metres Minimum side yard width One half building height (4.7 m) 1.5 m (east side only) Decorative wall or landscaped berm in front yard required not required The departures from the standard regulations can be supported for the following reasons: The current density regulations would permit between 5 and 6 units on the property; the lot area reduction rounds out the density to permit 6 units; The minor reduction in rear yard depth is acceptable given the building will have a lower height (9 metres verses the 10 metres permitted under this zone category). Impacts from the reduction are not expected to have a measurable impact on abutting properties. As the lands abut a parking lot to the east, the building is considered to be compatible with a reduction in the side yard width. The side yard width on the west side of the building is to comply with the 4.7 metre requirement and will buffer the adjacent detached dwelling; and The use of plantings can screen the front yard parking area from McLeod Road. 4. Deeming By-law The subject lands are comprised of two whole lots in a registered plan (Lots 79 and 80, Plan 193). The whole lots were intended to be developed separately. The development depends on the two lots being one parcel. To achieve this, the applicant has requested the City pass a “deeming by-law”. 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 such a by-law would merge the subject properties and allow them to be developed as one parcel. This should be completed concurrent with the passage of the amending by-law. Page 121 of 340 5 PBD-2018-44 July 10, 2018 FINANCIAL IMPLICATIONS The proposed development will provide Development Charges and new tax assessment to the City. CITY’S STRATEGIC COMMITMENT This proposal does not impact any of the City’s strategic commitments. LIST OF ATTACHMENTS Schedule 1 – Location Map Schedule 2 – Site Plan Schedule 3 – Front Elevation Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer A.Bryce:mb Attach. S:\PDR\2018\PBD-2018-44, AM-2018-010, North Side McLeod Rd West of Sharon St, Zoning By-law Amendment.docx Page 122 of 340 6 PBD-2018-44 July 10, 2018 SCHEDULE 1 Page 123 of 340 7 PBD-2018-44 July 10, 2018 SCHEDULE 2 Page 124 of 340 8 PBD-2018-44 July 10, 2018 SCHEDULE 3 Page 125 of 340 C@M/ Niagara Falls,June 5,2018 Letter to _. I A/ex Hertowitch,MCIP,RPP '._ Director of Planning,Building &Development,,JUN "'““" or any his representative E PLANl\\\l\:\%___NT City Hall,4310 Queen Street,,,,...m§:»s«wér-w‘"“°“ Niagara Falls,ON,L2E 6X5 In quality of direct neighbours to lots 79 &80,Plan 193,North Side of Mo Leod Road, East of Sharon Avenue (Assessment R0/I Nos.:2725-080-012-07080 and 2725-080-012-07090), the undersigned Giuseppe Buonamassa and Maria Filomena Centonze, Niagara V-v.....,..v». ......--......v.._._,.,,_,O.,,,, to the proposal of a 2 %storey,6 unit apartment building on the bordering land. We ask the Director of Planning 8.Development of the City of Niagara Falls to REJECT the request,from the applicant Tom Vattovaz,to re-zone the land and to DO NOT PERMIT the development as proposed . In accordance with Zoning By~lawNo.79-200 the land is zoned Institutional and we FIRMLY OPPOSE any Residential re-zone of the site,in order to preserve our quiet neighbourhood and,over all,to avoid the increase of the traffic inconveniences ClIIGCIu_y IIUclv_y,UH IVIU L.\1\J|-I I \vuu. Sincerely Page 126 of 340 (LQeJ@9«‘ / Niagara Falls,June 6,2018 Letter to Alex Hertowitch,MCIP,RPP Director of Planning,Building &Development, 1 Eff:\-"aw M5;ti ‘L’!M»...rm JUN07 2018 or any his representative City Hall,4310 Queen Street, Niagara Falls,ON,L2E 6X5 PI-/-\NN|NGFN_r3.DE>\/ELOPM_ in quality of direct neighbours to lots 79 &80,Plan 193,North Side of Mo Leod Road, East Of Sharon Avenue (Assessment Roll Nos..'2725-080-012-07080 and 2725-080-012-07090), the undersigned Joseph Macai and Marie Therese Macai, domiciled at 7120 Ann Street,Niagara Falls,ON,L2G 3E2,FIRMLY OPPOSE _,,.,i-__ to the proposal or a 2 1/2 storey,6 unit apanmenr puuamg on me ooraenng ianu. We ask the Director of Planning &Development of the City of Niagara Falls to REJECT the request,from the applicant Torn Vattovaz,to re-zone the land and to DO NOT PERMIT the development as proposed . In accordance with Zoning By—lawNo.79-200 the land is zoned Institutional and we FIRMLY OPPOSE any Residential re-zone of the site,in order to preserve our quiet neighbourhood and,over all,to avoid the increase of the traffic inconveniences already heavy,on Me Leod Road. Sincerely R’ax-z“ou«3 K ( 4/my’/ Page 127 of 340 June 6,2018 JUNU7 2033 PLANNING ‘\.V 3:DEVELOPMENT ""Wm rt wlvnryvaa ' 1,:'[‘‘H,‘; Dear Sir or Madam; I am opposed to have the 2 ‘/2storey,6 unit apartment building built on McLeod Road LOTS79 &80, applicant lam concerned of the noise,type ofapartment building and residents that will be renting from this building. I have purchased my home in 2009 for the sole reason that it is a residential area.It is enough to have the geared to income apartment building of Warden &Waters down the street from me where quite a bit of disturbances have occurred.There have been teenagers and/orresidents from that area that have caused vandalism at my residence and cut across my lawn to have access to the malls and restaurants off McLeod Road.It seems to have slowed down and I am not interested in dealing with it from the proposed development. u nu.)nu.vv\.v\.Lu ux..4.-x.u mu u\..x|\4\.lII.|uI nun-x,\:-w gun..vvvulu u'4'.II\.4v\.ullu nu.Iluvx.u ,uu..u\.uu win- that,but as for an apartment building with a revolving door or residents that would lower the value of my home because of issues that accompany an apartment building,(whether geared to income or otherwise)this is not why I purchased my home in this area. I ask that this proposal is denied and not accepted by city council. \Thankyou, J l ;L‘/A/(/‘lkry)/lf)/,(/‘-),,(J Lise Grieve /mu Ann atreet Niagara Falls,ON L2G 3E2 905-380-8940 Page 128 of 340 Niagara Falls,July 5,2018 JUL 1 0 2028 E ;?<g<elr-/lgrlovitoh,MCIP,RPP Director of Planning,Building &Development,.__h City Hall,4310 Queen Street,fii’W''~9*7 23r3'InQ....—.=.=.. Niagara Falls,ON,L2E 6X5 SUBJECT:Re-zoning of Lots 79 &80,Mc Leod Road,Niagara Falls Unable to attend the public meeting,scheduled on July 10"‘,with this letter we want to express our opinion in regard of the notice of application,received from City In quality of direct neighbours to lots 79 &80,Plan 193,North Side of Mc Leod Road,East of Sharon Avenue (Assessment Roll Nos.:2725-080-012-07080 and 2725-080-012-07090), the undersigned Giuseppe Buonamassa and Maria Filomena Centonze,domiciled at 7130 Ann Street,Niagara Falls,ON,L2G 3E2,FIRMLY OPPOSE to the proposal of a 2 V2storey,6 unit apartment building on the bordering land. We ask the Director of Planning &Development of the City of Niagara Falls to REJECT the request,from the applicant Tom Vattovaz,to re-zone the /and from Institutional to Residential Apartment 5A Density (R5A)and to DO NOT PERMIT the development as In accordance with Zoning By-law No.79-200 the land is zoned Institutional and we FIRMLY OPPOSE any Residential re-zone of the site,to let our neighbourhood keep one of the very few open spaces left on Mc Leod Road and,over all,to avoid higher traf?c risks and inconveniences on a such busy arterial road. Firmly determinated in preserving a quiet and safe neighbourhood,we will appeal to the Local Planning Appeal Tribunal an eventual favourable Council’s decision on this application. Sincerely, Giuseppe Buonamassa and Maria Filomena Centonze Page 129 of 340 PBD-2018-46 July 10, 2018 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2018-46 AM-2017-012, Zoning By-law Amendment Application West Side of Victoria Ave, Between 4835 and 4893 Victoria Ave Lots 142-144 and Part Lot 145; New Plan 1002 Applicant: Hatem Swais RECOMMENDATIONS 1. That Council approve the Zoning By-law amendment application to allow the establishment of a gasoline bar on the vacant lands located on the west side of Victoria Ave between 4835 and 4893 Victoria Ave, with a reduced interior side yard width and subject to the provision of a 4 metre high noise wall along the westerly interior side lot line; and 2. That Council approve the request that the subject lands, Lots 142-144 and Part Lot 145; New Plan 1002, no longer be within the registered plan of subdivision, to permit them to merge in title and become one parcel. A deeming by-law will be included in the next Council agenda. EXECUTIVE SUMMARY Hatem Swais has submitted a Zoning By-law amendment application for the vacant lands located on the west side of Victoria Avenue between 4835 and 4893 Victoria Avenue and known as Lots 142-144 and Part Lot 145; New Plan 1002. Refer to Schedule 1 which illustrates the location of the lands. The applicant proposes to construct a car wash, retail store, and a gasoline bar on the subject lands. The applicant is requesting a gasoline bar to be added to the list of permitted uses on the lands and the interior side yard requirements for a car wash and gasoline bar to be reduced. Refer to Schedule 2 which illustrates the proposed site plan. The amendments are recommended for the following reasons:  The Provincial Policy Statement directs growth to settlement areas and encourages efficient use of land, resources, infrastructure, and public service facilities that are planned or available. The proposed car wash, retail store, and a gasoline bar are located within the settlement area. The local infrastructure can accommodate this proposal.  The subject lands are designated Urban Area in the Regional Official Plan (ROP). A full range of residential, commercial and industrial uses are generally permitted within the Urban designation, subject to the availability of adequate municipal services and infrastructure. There are adequate municipal services and infrastructure within this area that can accommodate the proposed car wash, retail store and a gasoline bar. Page 130 of 340 2 PBD-2018-46 July 10, 2018  The lands are designated Minor Commercial in the City’s Official Plan and are intended to serve a segment of the population. The proposed car wash, retail store, and gasoline bar will serve the local residents and businesses.  The preferred location of automobile service stations, fuel bars and car washes is adjacent to arterial roads within commercially designated areas where the impact of vehicular movement can be minimized.  Significant areas of landscaping with no outside storage other than the temporary keeping of vehicles is proposed as part of this development.  The applicant has demonstrated by a noise study that with proper mitigating measures the car wash will be compatible with the adjacent residential properties. A 4 metre high noise wall will be required along the westerly interior lot line. A 5 metre high sound barrier is required at the entrance and exit of the car wash. The sound barrier is required to be 6 metres in length. A rooftop acoustic screen will be placed around the mechanical equipment on each building. These mitigating measures will be secured through Site Plan Control.  The overall design has been reviewed by staff and servicing and traffic issues have been addressed. The landscape plan provides a wide range of vegetation with proper screening adjacent to the residential properties.  The proposed development will be subject to Site Plan Control. Details regarding entrances, lighting, screening of rooftop mechanical equipment, fencing, landscaping, parking and loading will be addressed in an agreement. BACKGROUND Proposal The applicant has requested a Zoning By-law amendment for the vacant lands located on the west side of Victoria Avenue between 4835 and 4893 Victoria Avenue and known as Lots 142-144 and Part Lot 145; New Plan 1002 as shown on Schedule 1. The applicant proposes to construct a car wash, retail store, and a gasoline bar on the subject lands. A gasoline bar is not permitted in the General Commercial (GC) zone of Zoning By-law No. 79- 200. The applicant is requesting a gasoline bar to be added to the list of permitted uses on the lands and the interior side yard requirements for a car wash and gasoline bar to be reduced. A 4 metre high noise wall will be added as part of the mitigating noise measures with sound barriers placed at the entrance and exiting the car wash. A rooftop acoustical screen will be placed surrounding the mechanical equipment. The applicant is also requesting to merge the vacant lands into one parcel through a deeming by-law. Site Conditions and Surrounding Land Uses The site is located on the west side of Victoria Avenue, north of Wilmott Street (Refer to Schedule 1) and is surrounded by:  the Niagara Falls Public Library and commercial/retail uses to the east; Page 131 of 340 3 PBD-2018-46 July 10, 2018  commercial uses to the north, including a Tim Horton’s with a drive-thru;  an apartment building and single detached dwellings to the west; and  an apartment building, single detached dwellings and a professional accounting office to the south. Noise Study The applicant’s noise study, prepared by Valcoustics Canada Ltd., recommends the following mitigating measures: • A 4 metre high sound barrier along the east property line of 4866 Valley Way; • Two 5 metre high sound barriers at the entrance of the car wash (6 metres in length) on the west side and exit (5 metre in length) on the east side of the car wash; • A 2.2 metre high rooftop acoustic screen surrounding the mechanical equipment on the roof of the carwash; • A 2 metre high rooftop acoustic screen surrounding the mechanical equipment on the roof of the retail store. NOTE: sound barriers must be of solid construction with no gaps, cracks or holes and must maintain a minimum surface density of 20kg/m². Circulation Comments Information regarding the requested Zoning By-law amendment was circulated to City divisions, the Region, and the public for comments. The following summarizes the comments received to date:  Regional Municipality of Niagara  Regional staff is satisfied that the proposal is consistent with the information provided at the pre-consultation meeting and offers no objections to the application.  A noise study was prepared by Valcoustics on June 1, 2018 and reviewed by Regional Staff. Regional Staff are in agreement that the mitigating measures outlined in the report must be implemented.  Municipal Works/ Parks Design  City’s Engineering staff reviewed the site plan, general plan of services and lot grading plan, the functional servicing report and stormwater management report and were satisfied with the drawings and reports. The applicant and consultant have addressed the servicing issues and therefore staff has no objections. Page 132 of 340 4 PBD-2018-46 July 10, 2018  City’s Engineering staff reviewed the landscape drawing which shows a wide range of vegetation and screening adjacent to the residential properties with a 2.5 metre solid wood fence along the lot line and therefore staff has no objections. Further modifications can occur at the site plan approval stage.  Transportation Services  Transportation Services staff reviewed the site plan drawing and is satisfied with the truck movement on the site. Gasoline truck deliveries are to occur turning right from Victoria Avenue and turning right onto Valley Way. The trucks will then proceed back onto Victoria Ave and then to Bridge Street.  The applicant also indicated that deliveries will occur before 7 am and after 8 pm . Transportation Services are satisfied with these mitigating measures.  Building Services and Fire Services  No objections. Ontario Building Code matters and fire safety can be addressed at the site plan approval stage. Neighbourhood Open House A neighbourhood open house was held on June 4, 2018 to obtain feedback from area residents. The meeting was attended by two residents. One resident had concerns about potential flooding. He lives on Second Avenue and was afraid that more water added to the system would flood properties on Second Avenue. He was told that this proposal would have no impact and was advised to contact the City’s Engineering Division to discuss his concerns. The second resident is an owner of one the convenience stores in close proximity to this development. His concern is that there are too many convenience stores already located in this area and that another convenience store will be bad for his business. He was told that a retail store is already a permitted use on the subject lands. Following the meeting the applicant revised the site plan. The car wash building was shifted north to increase the setback from 1.9 metres to 3.7 metres. Also, noise mitigating measures were added to the project. ANALYSIS 1. Provincial Policy Statement The lands are located within the Settlement Area under the 2014 Provincial Policy Statement (PPS) and within the Built-Up Area under the 2006 Growth Plan for the Greater Golden Horseshoe. The PPS directs growth to settlement areas and encourages efficient use of land, resources, infrastructure, and public service facilities that are planned or available. The proposed car wash, retail store, and gasoline bar are located within the settlement area. The local infrastructure can accommodate this proposal. Page 133 of 340 5 PBD-2018-46 July 10, 2018 2. Regional Official Plan The subject lands are designated Urban Area in the Regional Official Plan (ROP). A full range of residential, commercial and industrial uses are generally permitted within the Urban designation, subject to the availability of adequate municipal services and infrastructure. There are adequate municipal services and infrastructure located within this area that can accommodate the proposed car wash, retail store and gasoline bar. 3. Official Plan The lands are designated Minor Commercial in the City’s Official Plan. The proposed development complies with the Official Plan as follows:  The predominant land uses in the Minor Commercial designation include a wide range of retail outlets and personal service shops and limited offices to serve a segment of the population. The proposed car wash, retail store, and gasoline bar will serve the local residents and businesses.  The preferred location of automobile service stations, fuel bars and car washes are adjacent to arterial roads within commercially designated areas where the impact of vehicular movement can be minimized. The proposed development is located adjacent an arterial road. The site is designed to direct vehicle movements onto the arterial roads. Schedule 2 shows the gasoline truck movement following the same route to the site and exiting the site to minimize the impact of vehicular movement.  Significant areas of landscaping will be provided to compensate for large areas required for on-site vehicular movements. No outside storage will be permitted other than the temporary keeping of vehicles. Gas bar facilities which are part of retail or service commercial facilities shall be functionally separated so that on-site vehicular conflicts are not created. The overall design of the proposal complies with these policies. 4. Zoning By-law The subject lands are zoned General Commercial (GC) in accordance with Zoning By-law No. 79-200 which does not permit a gasoline bar. A gasoline bar is requested to be added to the list of uses permitted on the lands through the addition of a site specific regulation. The applicant is requesting the following changes to the regulations: REGULATIONS REQUIREMENT PROPOSAL Minimum interior side yard for the car wash 6 metres 3.7 metres Minimum interior side yard for the gasoline bar 5 metres 2.91 metres Page 134 of 340 6 PBD-2018-46 July 10, 2018 REGULATIONS REQUIREMENT PROPOSAL Screening Device – close –board fence Minimum 1.8 metres Solid construction/ type sound barrier wall 20 kg/m2 in density – 4 m in height The proposed zoning by-law amendment can be supported for the following reasons:  The location of the car wash will have minimal noise impacts on adjacent residential dwellings with the implementation of the mitigating measures recommended by the noise study prepared by Valcoustics. The car wash will not be in operation overnight. The mitigation measures will be required as part of the site plan approval process.  A 2.5 metre high solid board fence will be required along the southerly interior lot line adjacent to the residential properties. A 4 metre high solid sound barrier wall will be required on the westerly interior side lot line adjacent to the residential property.  Gasoline trucks will only be allowed to enter from Victoria Avenue and exit onto Valley Way as shown on Schedule 2. The deliveries will occur before 7 am or after 8 pm. The delivery of the gasoline will occur once a week and possibility twice a week depending on demand.  The City’s Engineering Division have reviewed a detailed stormwater management report, functional report, site servicing and grading plans and are satisfied with the plans and the reports. These reports and drawings were requested at the zoning amendment stage to make sure there were no issues.  The location of the gas pumps and canopy comply with the regulations. The 2.9 metre interior side yard setback requirement only applies for the kiosk component. The kiosk component is located within the retail store and therefore is acceptable.  The nearby apartment building on the north side has a brick wall with no balconies and windows. The east side of the apartment building has a few small windows and parking with no amenity areas. The proposal is expected to be compatible with the apartment building. 5. Site Plan Control The proposed development will be subject to Site Plan Control to address the site plan layout, servicing, grading, stormwater management, any mitigating measures, lighting, landscaping and signage. Page 135 of 340 7 PBD-2018-46 July 10, 2018 6. Deeming By-law The subject lands are comprised of lots in a plan of subdivision (Lots 142-144 and Part Lot 145; New Plan 1002). The development currently straddles the lot lines. To correct this, the lands should be merged. The applicant is requesting that City Council pass a “deeming by-law”. The registration of such a by-law would merge the subject properties and allow them to be developed as one parcel. The deeming by-law will be included in the next Council’s agenda. CITY’S STRATEGIC INITIATIVE The proposal supports the Economic Growth and Prosperity Initiative as it assists in attracting and maintaining business investments. LIST OF ATTACHMENTS  Schedule 1 – Location Map  Schedule 2 – Site Plan  Schedule 3 – Landscape Plan Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer N.DeBenedetti:mb Attach. S:\PDR\2018\PBD-2018-46, AM-2017-012 4865 Victoria Ave, Hatem Swais.docx Page 136 of 340 8 PBD-2018-46 July 10, 2018 SCHEDULE 1 Page 137 of 340 9 PBD-2018-46 July 10, 2018 SCHEDULE 2 Page 138 of 340 10 PBD-2018-46 July 10, 2018 SCHEDULE 3 Page 139 of 340 CM$3?REIVED Director of Planning»kuildirlg &Deve opment, ' MAY3 0 2018 1lag!‘- City Hall,4310 QueenStreet, Niagara Falls,Ontario.PLANNING &EVELOPMNT Attention Mr.A Herlovitch.May 28"‘,2028 I am writing in regard to the Zoning By-Law Amendment Application —City File:AM20l7-012. I'm writing on behalf of all the residents of Niagara South Condominium Plan 48. All of our residents are STRONGLY OPPOSED to this zoning amendment!We are very concerned about the lack of sufficient space and traffic all hours of the night and day.The Tim Horton's Drive Thru is often backed up onto Valley Way to Morrison St.with vehicles running and exhaust pumping into the air.Now the applicant wants to put a Carwash right on our propertyline adding another line of running Vehicles next to our homes.This will undoubtably lead to much more noise and exhaust pollution. There is plenty of land nearby that already has the correct zoning for the gas bar so we see no need to allow a zoning amendment for this property.People don't come downtown to get gas if they come this far they are usually heading for the US side to get gas.Properties on the North side of Bridge Street are zoned correctly and there is plenty of space for this type of development. A simple look around the area will show that we have already four gas bars,two of which have Convenience Stores attached,within a Kilometre and a half of this location.There are also ?ve Convenience Stores within the same radius one of which is only50 metres away from the property in question.lhere is absolutely no need 101'another Uas bar or convenience store 1n 11115area. In regard to traf?c and safety,there are always a lot of pedestrian traffic in this area and the Public Library right across the street.There will be large tanker trucks and supply trucks that will have to get safely in and out with extremely limited space,an obvious accident waiting to happen!The tankers are much too large for Valley Way and will be an exreme hazzard whichever street they are on in the congested downtown area. The potential for gasoline spills and tank and piping leaks are also of great concern!The odour will permeate the area and the traffic and cashwash noise will not allow us to open our windows.The possibility of fuel spills,?res and traffic accidents will be greatly increased and a detriment to our local area. Another issue would be of no concern to the council but is a very large concern to us on ?xed incomes!The cost of our building insurance can rise as much as 20 %as well as our personal unit insurance costs,solely because of the location of the Gas Bar.Most of us can't afford any increases we are bearly making ends meet now. glen lmnpn nl-nrinnq nrnnprfv vnlmaq u .:umu uvyu Allublv uuvnvuu nu ma unu um;y.uy..u._,vvuvnvu nu.ewv..........cu...\l>hA ..,...-.......“C.-.,...,.. suit.In general this would be a catastrophe for the our building residents and those of Willmott Street and Valley Way.Not to mention the neighbourhood Convenience Stores already struggling! We respectfully ask that these Amendment Applications be denied The safety of the public as well as threats to our Community Enviroment and expense are of parimount concern. '7../'/7Smceiel)/s ‘ Z‘(l/6’L:-}‘_LV,1? Brett Palmer. Vice President,Niagara South Condominium Plan 48,301-4872 Valley Way,Niagara Falls,L2E 1W3. Page 140 of 340 June 4,2018 From: Kim Snyder 4877 Valley Way Niagara Falls,ON L2E 1W4 To:Mr.Alex Herlovitch ECEEVE JUNU?2018 PLANNING &DVELOPMENT Director of Planning,Building &Development City Hall 4310 Queen St Niagara Falls,ON L2E 6X5 Re:Zoning By Law Amendment application AM—2017—012 Dear Mr.Herlovitch, I am unable to attend the Open House this evening,however do want to submit my comments regarding this application. lam the home owner and resident at 4877 Valley Way,which is almost directly across the street from these lots and therefore will be greatly impacted by the decision. I oppose this proposal for the following reasons. A gas station and car wash and retail store will create even further transient and frequent traffic, possibly over 24 hours per day,with the added noise,gas fumes and lights this business would cause. That will negatively impact our lives in the residential areas immediately adjacent to the property,and I believe cause a decrease in property values. I have lived at this residence for 7.5 years,and since I have moved there have experienced more crime than any other area I have lived in Niagara Falls,or even in Hamilton.The constant foot traffic back and forth to the Tim Hortons,and the people who loiter about in that area are responsible for the problems we have experienced,according to a Niagara Regional Police officer who I spoke to several years ago.In fact,I was a customer of the Scotiabank on the corner of Morrison and Victoria Ave,and was advised the reason for their relocation was the crime in the area!Another business like that will further rnnrrihnrp nmhlpm \l:a||r=\/ \..,.......,.,...,..,.....,............,.........-...«..n,V---..,,...__... The city has worked hard to make the downtown area more upscale and I submit that having businesses further along Victoria Ave and Valley Way with professional offices or even retail stores (which are not convenience stores)would be more suitable uses of the property and bring the type of people and business to the area which you are trying to attract. I understand that the zoning is commercial,and do expect at some point it may be developed,however, I do not see the need or desire for a gas station at this location.Gales and Petro Canada are just down the street at Stanley and Valley Way,and Gales is a few blocks on Bridge St.Just a couple of years ago Page 141 of 340 the Canadian Tire gas bar was torn down on Bridge Street,and I have to assume therejust wasn't the business to support it.Also,when l purchased my home in 2010,at the corner of Valley Way and Morrison sat a defunct gas bar,no longer in business,I assume for the same reason,so why would you support another business like it at this location? I do not think this type of business is warranted or will improve the area,and as I stated,expect it to greatly diminish the quality of the enjoyment of my own property and of those around me.The condominiums next to this property will be really impacted. You have 2 convenience stores immediately in the area,one on the lot on the other side of Tim Hortons, and the Bee Store on Morrison and Valley Way,and you have a coffee shop/lunch bar in Tim Hortons. The drive through at Tim Hortons creates noise at all hours,and often traffic backed up onto Valley Way waiting to get in.I believe we have the area sufficiently serviced with like businesses and already put up with noise and traffic that goes with it. I hope city council will consider denying this proposal.Thank you for your consideration. 4877 Valley Way Niagara Falls,Ontario |7F 905-483-3763 Page 142 of 340 PBD-2018-47 July 10, 2018 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2018-47 AM-2018-014, Zoning By-law Amendment Application 8215 Heartland Forest Road Proposal: Rezone Lands in Accordance With Official Plan Policies Applicant: City of Niagara Falls on Behalf of Heartland Forest Nature Experience RECOMMENDATION 1. That Council approve the Zoning By-law amendment application to zone the lands site specific Resort Commercial Establishment (RCE (H)-654), in part, and Environmental Protection Area (EPA-655), in part, subject to the regulations outlined in this report; 2. That Council pass the related amending by-law included on tonight’s Council Agenda; and 3. That Council direct staff to initiate changes to Schedule A – Land Use of the Official Plan to adjust the Resort Commercial Establishment and Environmental Protection Area designations, as they pertain to the lands, in accordance with the amending zoning by-law. EXECUTIVE SUMMARY The City is proposing a Zoning By-law amendment for land holdings totalling 80 hectares (200 acres) known as 8215 Heartland Forest Road. A portion of the lands are already zoned Resort Commercial Establishment (RCE (H)-654), and Environmental Protection Area (EPA- 655), in accordance with Official Plan policies. It is proposed these zones be extended on the balance of the lands in accordance with the Official Plan. The proposed zoning is acceptable for the following reasons:  The proposed zoning conforms with Provincial policies with respect to protection of natural heritage features;  The proposed zoning implements the Official Plan designations and policies that apply to these land holdings; and  The proposed site specific RCE and EPA zones recognize existing uses, provide appropriate regulations for new development and protect areas containing natural heritage features. Page 143 of 340 2 PBD-2018-47 July 10, 2018 BACKGROUND Proposal The City is undertaking a housekeeping amendment to satisfy a condition of consent applications (B-2017-20 & B-2017-021). The Zoning By-law amendment is proposed for land holdings known as 8215 Heartland Forest Road, totalling 80 hectares (200 acres). Refer to Schedule 1 to locate the land. The zoning amendment is intended to bring the zoning of Heartland Forest into conformity with the City’s Official Plan. Schedule 2 shows the proposed zoning. The land is designated Resort Commercial, in part, and Environmental Protection Area, in part, and is also subject to a Special Policy Area Designation No. 35 which permits a comprehensive resort commercial development on a portion of the land and requires natural features on the balance of the land to be protected. A portion of the land along Brown Road and Heartland Forest Road is zoned Resort Commercial Establishment (RCE(H)-654) permitting a trailer camp, a multi-purpose building and accessory buildings and structures. A very small portion of the land is zoned Environmental Protection Area (EPA-655) protecting a portion of the natural features on site. The balance of the land remains under Heavy Industrial (HI) and General Industrial (GI) zones which are out of compliance with the Official Plan. The existing RCE (H)-655 zone is proposed to be extended along the entire frontage of the property on Heartland Forest Road. This is to follow the southerly boundary of the land that was recently created through a consent application. This zoning will permit the existing multi- purpose building, recreational uses, and accessory buildings and structures, and a trailer camp with the lifting of the Holding regulation. The balance of the land which is currently zoned HI and GI, in parts, is proposed to be placed under the EPA-655 zone to protect natural features, recognize existing walking trails, buildings, structures and ponds or permit such features or structures if approved by the Niagara Peninsula Conservation Authority. The property is subject to a 2015 consent application (B-2015-011) which sought the severance of a 6.6 hectare parcel at the south-west corner of Brown Road and Kalar Road for the proposed trailer camp. This application was approved by the Committee of Adjustment but appealed to the Ontario Municipal Board (OMB) by Cytec Canada Inc. This appeal has been held in abeyance by the OMB pending negotiations by the applicant and Cytec Canada Inc. The purpose of this amendment is to bring the Zoning into compliance with the Official Plan as a comprehensive resort development. The applicant should withdraw this consent application. Site Conditions and Surrounding Land Uses Provincially Significant Wetlands and woodlands cover the majority of the lands. Walking trails, small scale buildings and structures and ponds have been constructed in a small portion of these lands. The balance of the lands along Heartland Forest Road have been developed with a multi-purpose building, recreational uses, and accessory buildings and structures and surface parking. The property abuts the Warren Woods residential subdivision to the north, Transit Headquarters and vacant industrial lands to the east, and natural features, industrial uses and vacant land to the south and west. Page 144 of 340 3 PBD-2018-47 July 10, 2018 Circulation Comments Information about the requested Zoning By-law amendments was circulated to City divisions, the Region, agencies, and the public for comments. The following summarizes the comments received to date:  Regional Municipality of Niagara  No comments received as of the date of report preparation.  Niagara Peninsula Conservation Authority  The proposed EPA zoning should be extended to 30 metres from all Provincially Significant Wetlands to protect these features.  Legal Services, Transportation Services, Municipal Works, Parks Design  No objections.  Cytec/Solvay Canada Inc. - Heartland Forest has been in contact with Cytec/Solvay Canada Inc. through their representatives, and at the time of the preparation of this report were understood to be in agreement with the proposed amendments. ANALYSIS 1. Provincial Policies The Planning Act requires City planning decisions to comply with Provincial policies. Provincial policies require natural features such as Provincially Significant Wetlands (PSWs) be protected. It is to be determined, through an Environmental Impact Statement (EIS), that PSWs are not negatively impacted by development. The current RCE-654 zoning requires a 9 metre building and structure setback from the PSW. This is in accordance with an EIS completed in 2004. Since then, changes to the environmental policies in the Official Plan state a 30 metre buffer should be provided unless a lesser setback has been demonstrated. As no new EIS has been submitted, the amending by-law requires a 30 metre setback from an EPA zone. The NPCA has indicated that the 30 metre buffer should be zoned EPA to protect the adjacent PSW . Currently, the EPA zone boundary on the property follows the PSW. For consistency with existing zoning, Staff recommend this boundary be extended southward along the PSW boundary. The 30 metre setback from the PSW protects the buffer area. Further mitigation measures should be determined at the site plan stage. 2. Official Plan Much of the subject land is either designated Environmental Protection Area or Environmental Conservation Area in the City’s Official Plan. A portion of the easterly Page 145 of 340 4 PBD-2018-47 July 10, 2018 lands are designated Resort Commercial. All of the land is subject to Special Policy Area No. 35. This Special Policy Area designation extends south of Heartland Forest’s lands onto lands owned by Cytec Canada Inc., which are not included in this application. Official Plan policy requires that wetlands and woodlands within the Environmental Protection or Environmental Conservation Areas are to be protected, with only passive uses such as walking trails to be permitted. The Resort Commercial lands are to be developed for a comprehensive resort including accommodations and recreational, entertainment and educational facilities. Due to the proximity of heavy industry (Cytec/Solvay) to the west, intensive components of the resort uses are prohibited within 1.09 kilometres of the Garner Road . The proposed zoning complies with the Official Plan as follows:  The zoning of the property would correspond to the Official Plan designations;  Natural features within the Environmental Protection and Environmental Conservation Area designations would be protected, with only limited passive uses currently existing or approved by the NPCA permitted; and  Resort commercial type facilities are limited to lands along Heartland Forest Road and consist of accommodations and recreational and educational facilities as contemplated by the Official Plan. These intensive uses would be located outside of the mandated separation distance f rom Garner Road. The amending zoning by-law differs from the Official Plan in that the proposed EPA zone protects a larger area than the than the Environmental Protection Area designation. Schedule A – Land Use, Of the Official Plan, should be amended to reflect the updated boundaries of the land use designation as established in this amending by-law. 3. Zoning By-law The east portion of the land is zoned Resort Commercial Establishment (RCE (H)- 654). A small portion is zoned Environmental Protection Area (EPA-655) in compliance with the Official Plan designation. The majority of the subject land remains zoned HI and GI which is out of conformity with the Official Plan. The RCE (H)-654 zone permits a multi-purpose building, a recreational trailer camp and accessory buildings and structures. Lands zoned EPA-655 are to be maintained in a natural state. Consent applications B-2017-020 & B-2017-021 required that the land be rezoned. The balance of the property is zoned Heavy Industrial (HI), in part, and General Industrial, GI), in part, which does not comply with the Official Plan. The RCE (H)-654 zone is proposed to be extended southward along Heartland Forest Road. In addition to currently perm itted uses, outdoor recreational uses (except for indoor recreational uses are already permitted in the multi-purpose building skating rinks, curling rinks and community centres) are proposed to be added as a permitted use. A multi-purpose building should be defined to include an assembly hall, day nursery, museum, place of entertainment, private club, restaurant, retail store, Page 146 of 340 5 PBD-2018-47 July 10, 2018 ancillary office and recreational uses. The current RCE (H)-654 regulations and any departures are summarized in the following table: RCE-654 ZONE CURRENT REGULATION PROPOSED REGULATION (if different) Min. lot area 7.5 ha The whole of the lands Min. lot frontage 225 m Min. front yard depth 15 m Min. rear yard depth 3 m Min. interior side yard width 3 m Min. exterior side yard width 15 m Min. setback from EPA zone 9 m 30 m Max. lot coverage 25% Max building/structure height 10 m 10 m or 3 storeys Max. number of trailer sites 195 Max multi-purpose bldg. floor area 1400 sq.m. Max accessory bldg. floor area 200 sq.m. 262 sq.m. Min. landscaped open space 15% including 15 m wide strip along road allowances 15% including 5 m wide strip along road allowances Min number of loading spaces In accordance with section 4.20.1 of By-law No. 79-200 1 Location of trailer camp Within 478 m of Brown Rd Same (wording in by-law) The proposed uses and new regulations can be supported for the following reasons:  By defining the multi-purpose building it will clarify the function of the multi- purpose building as provided by By-law No. 2005-198;  The addition of outdoor recreational uses as permitted uses recognizes the existing uses of land (such as trails, fish pond, miniature golf);  Requiring the whole of the land for the permitted uses would maintain the intent that the development be a single comprehensive resort;  The addition of an interior side yard width regulation is necessary because the land has an interior lot line;  The maximum floor area of the multi-purpose building reflects the floor area as approved by Council in 2012;  The increase in the setback to an EPA zone from 9 metres to 30 metres reflects Official Plan requirements;  The addition of a 3 storey limit on height assists in keeping development compatible with nearby heavy industry as requested by Cytec/Solvay;  The adjustment to the accessory building floor area are intended to address existing and proposed buildings and is minor in nature; Page 147 of 340 6 PBD-2018-47 July 10, 2018  The landscaped open space strip width along adjacent streets would be consistent with requirements for industrial development on the east side of Heartland Forest Road;  The provision of a single loading space would be sufficient to address the requirements of the uses; and  The trailer camp is currently limited to occur between Brown Road and a distance 478 metres south of Brown Road within the RCE zone boundary. Continuing this limitation in wording in the proposed zoning will maintain the location of the trailer park. The proposed EPA-655 zone maintains the lands in a natural state but recognizes the walking trials, small scale buildings and structures and pools that have been constructed to date within these lands. If any additional trails and facilities are proposed in the future, they will be required to demonstrate, to the satisfaction of the Niagara Peninsula Conservation Authority, that ecological functions are not negatively impacted. A holding (H) provision will remain on the RCE zoned portion of the land, to ensure adequate stormwater facilities are provided for new buildings and structures. FINANCIAL IMPLICATIONS There are no financial implications for the City. CITY’S STRATEGIC COMMITMENT This proposal does not impact any of the City’s strategic commitments. LIST OF ATTACHMENTS  Schedule 1 – Location Map  Schedule 2 – Proposed Zoning Changes Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer A.Bryce:mb Attach. S:\PDR\2018\PBD-2018-47, AM-2018-014, 8215 Heartland Forest Rd, Zoning By-law Amendment.docx Page 148 of 340 7 PBD-2018-47 July 10, 2018 SCHEDULE 1 Page 149 of 340 8 PBD-2018-47 July 10, 2018 SCHEDULE 2 Page 150 of 340 Report to Council on a Resolution Made Concerning a Prior Integrity Commissioner Report to Council for City of Niagara Falls June 28, 2018 Janet Leiper,C.S. Page 151 of 340 [1]This is a brief report on a request from Council made on June 19, 2018 as follows: to defer the reimbursement of Councillor Ioannoni until the Integrity Commissioner can meet with the City Solicitor to refer to the previous Integrity s and a report be brought back to Council for their consideration. [2]This resolution was passed during a debate on the question of whether Council should reduce a prior sanction imposed by Council on Councillor Ioannoni in June of 2017. [3]I have consulted with the City Solicitor, who will provide Council with legal advice as to their power to reduce a sanction imposed by Council. This is the role of the City Solicitor. I will respect that role and offer no opinion on the matter to Council. [4]It is not my role to undertake any review, or reinvestigation of the subject matter of a complaint investigated by a prior Integrity Commissioner. Other avenues for judicial review or request to reopen were available and considered at the time of t hose reports.I make no comment on the prior reports or findings. [5]This report makes no recommendations to Council at this time. DATED this 28th day of June, 2018 ___________________________ Janet Leiper, C.S. Page 152 of 340 Report to Council on a Resolution Made Complaint Alleging a Violation of the Code of Conduct for Members of Council for City of Niagara Falls June 27, 2018 Janet Leiper,C.S. Page 153 of 340 Introduction [1]This is a report on the outcome of an investigation into a resolution passed by Council on December 12, 2017 which requested that an Integrity Commissioner investigate whether Councillor Ioannoni Conduct and that the Commissioner report back to Council with the findings. [2]Under the Municipal Act,section 223.4,a Council may request an Integrity Commissioner to undertake an inquiry under Part V.I of the Act into a contravention of the applicable code of conduct. [3]I was retained in May of 2018 as the City of Niagara Falls Integrity Commissioner. In that capacity I am reporting to Council on the investigation and remediation of the issues that brought this matter to council. Investigation and Resolution [4]I contacted the mover of the motion for additional specifics. Due to the passage of time, those details had to be obtained from other sources. I requested and received background documentation from the City Solicitor to assist in understanding the issues. I reviewed media clippings, email correspondence and social media posts by Councillor Ioannoni. [5]A media report which described the resolution shortly after it had been made, referred to a post on social media by the Councillor.In the report, it became clear that Council questioned whether Councillor conduct.This framed the issue under investigation. As a result, I met with the persons concerned to investigate. [6]The parties were a person affected and the Councillor. The parties agreed that the issue should be addressed in an informal manner, via a confidential mediation-type meeting. There was a discussion in that meeting that led to an acknowledgement by the Councillor that her postings had caused a person affected to feel that their integrity had been criticized. The Councillor confirmed that had not been her intention and confirmed that she had not intended to impugn the professionalism or judgment of staff in her comments. [7]The meeting concluded with an apology and an agreement by the Councillor that there would be no further comments on social media or publicly concerning the affected person s actions or professionalism. The details of the meeting will be kept confidential by the parties.It will also set the standard for future such meetings in future so that all can have a reasonable expectation of privacy.This report has provided general information to preserve the confidentiality of the discussions. The parties have been advised that some information will be provided to council so that it is able to understand how its resolution has been addressed. Page 154 of 340 [8]Section 223.6 (2) of the Municipal Act, provides that where an Integrity Commissioner reports to a municipality on a question of a contravention of a Code of the Commissioner may disclose in the report such matters as in the privacy can be respected, and in this case, the confidentiality of the informal mediation so that the outcome is known. This is intended to balance the interests of the p arties and the City in resolving complaints, and the interests of Council and the public in knowing generally, how complaints are resolved. [9]The Code of Conduct was engaged by some of the communications to the media by Councillor Ioannoni. Section 8.1 staff and acknowledge that staff is required to provide objective advice while remaining neutral, carry out directions of council , and administer the policies of the City without undue influence from any Member.Section 15.2 using social media. [10] Given that the parties agreed to resolve this matter on an informal basis, via a mediation meeting, I make no finding as to whether there was a breach of the Code of Conduct by the Councillor. This outcome was satisfactory to the parties.It is a preferable course of action where parties must continue to work together. It is for this reason that many municipalities adopt complaint protocols that explicitly set out steps for possible informal resolutions and to reduce the need for longer, more involved investigations into formal complaints. [11]Accordingly, I request that Council receive this report for information and the following findings: 1.engaged the provisions of the Code of Conduct; 2.The issue involved was the subject of an informal resolution as between the Councillor and the person(s)affected which was resolved to the satisfaction of both; 3.As a result of the remediation efforts, it is unnecessary to make findings on whether there was a breach of the Code of Conduct or to ask Council to consider imposing a sanction. Conclusion [12]I recommend that Council receive this report. No further action is being requested from Council. Page 155 of 340 DATED this 27th day of June, 2018 ___________________________ Janet Leiper, C.S. Page 156 of 340 F-2018-28 July 10, 2018 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Finance SUBJECT: F-2018-28 Municipal Accounts RECOMMENDATION That Council approve the municipal accounts totaling $8,240,905.01 for the period June 1, 2018 to June 27, 2018. EXECUTIVE SUMMARY The accounts have been reviewed by the Director of Finance and the by-law authorizing payment is listed on tonight’s Council agenda. Recommended by: Tiffany Clark, Acting Director of Finance Respectfully submitted: Ken Todd, Chief Administrative Officer Page 157 of 340 Page 1 of 14 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No.Cheque Date Purpose Amount 1006057 ONTARIO LIMITED 416801 27-Jun-2018 REFUND 950.00 1057636 ONTARIO LTD 416802 27-Jun-2018 REFUND 4,290.11 1184485 ONTARIO INC 416803 27-Jun-2018 REFUND 2,349.16 1185844 ONTARIO INC. O/A RAINBOW PURE WATER 416528 20-Jun-2018 SERVICES 508.50 1198983 ONTARIO LIMITED 416804 27-Jun-2018 REFUND 2,967.31 1448116 ONTARIO LIMITED 416805 27-Jun-2018 REFUND 1,257.74 1473941 ONTARIO LIMITED 416529 20-Jun-2018 REFUND 1,500.00 1492357 ONTARIO LIMITED 416806 27-Jun-2018 REFUND 9,545.32 151702 CANADA INC 416807 27-Jun-2018 REFUND 2,347.75 1546867 ONTARIO INC 416808 27-Jun-2018 REFUND 1,656.92 1578917 ONTARIO LIMITED O/A WILLIAMS PLUMBING AND HEATING416324 13-Jun-2018 SERVICES 1,870.51 1578917 ONTARIO LIMITED O/A WILLIAMS PLUMBING AND HEATING416530 20-Jun-2018 SERVICES 572.71 1671312 ONTARIO LIMITED 416810 27-Jun-2018 REFUND 2,221.66 1671318 ONTARIO LTD 416809 27-Jun-2018 REFUND 935.93 1736104 ONTARIO INC 416811 27-Jun-2018 REFUND 2,367.25 1776415 ONTARIO LTD O/A PURE WATER NIAGARA 416104 06-Jun-2018 STORES/INVENTORY 37.50 1776415 ONTARIO LTD O/A PURE WATER NIAGARA 416325 13-Jun-2018 MATERIALS 18.75 1776415 ONTARIO LTD O/A PURE WATER NIAGARA 416531 20-Jun-2018 MATERIALS 50.00 1776415 ONTARIO LTD O/A PURE WATER NIAGARA 416812 27-Jun-2018 MATERIALS 37.50 1788615 ONTARIO LTD 416813 27-Jun-2018 REFUND 5,220.37 1814084 ONTARIO INC 416814 27-Jun-2018 REFUND 1,594.01 1921686 ONTARIO LTD 416815 27-Jun-2018 REFUND 1,663.37 2075790 ONTARIO INC 416816 27-Jun-2018 REFUND 8,726.66 2088937 ONTARIO INC 416817 27-Jun-2018 REFUND 1,713.17 2095527 ONTARIO LTD 416532 20-Jun-2018 LEASES AND RENTS 1,423.80 2111443 ONTARIO LTD 416818 27-Jun-2018 REFUND 553.26 2207848 ONTARIO INC 416819 27-Jun-2018 REFUND 542.41 2249419 ONTARIO INC 416820 27-Jun-2018 REFUND 300,131.61 2263264 ONTARIO INC 416821 27-Jun-2018 REFUND 8,616.34 2284114 ONTARIO INC 416822 27-Jun-2018 REFUND 723.15 2348441 ONTARIO INC O/A MR QUICK CAR WASH 416823 27-Jun-2018 SERVICES 814.73 2578139 ONTARIO INC O/A HALCO MOBILE 416105 06-Jun-2018 SERVICES 452.00 2578139 ONTARIO INC O/A HALCO MOBILE 416326 13-Jun-2018 SERVICES 452.00 2578139 ONTARIO INC O/A HALCO MOBILE 416533 20-Jun-2018 SERVICES 452.00 2578139 ONTARIO INC O/A HALCO MOBILE 416824 27-Jun-2018 SERVICES 1,559.40 283 PERFORMING ARTS COMPANY 416534 20-Jun-2018 SERVICES 450.00 488745 ONTARIO LIMITED 416825 27-Jun-2018 REFUND 1,744.44 694860 ONTARIO LTD O/A VANDERWEYDEN CONSTRUCTION 416327 13-Jun-2018 REFUND 750.00 942352 ONTARIO LIMITED O/A BRISK ALL GLASS 416106 06-Jun-2018 SERVICES 15,142.00 942352 ONTARIO LIMITED O/A BRISK ALL GLASS 416328 13-Jun-2018 SERVICES 129.95 942352 ONTARIO LIMITED O/A BRISK ALL GLASS 416826 27-Jun-2018 SERVICES 4,367.45 A & T ROBERTO LIMITED 416845 27-Jun-2018 REFUND 6,204.48 ABILITY RESOURSE MANAGEMENT C/O JILL CROTEAU NIAGARA PHYSICIAN RECRUITMENT41682727-Jun-2018 MATERIALS 500.00 ACCESSRAMP & MOBILITY SYSTEMS INC.416828 27-Jun-2018 MATERIALS 904.00 ACCOUNTEMPS 416829 27-Jun-2018 CONTRACT SERVICES 1,779.75 ACCU LOCK AND SECURITY 416108 06-Jun-2018 MATERIALS 15.66 ADEWUMI,AYO 416329 13-Jun-2018 TRAVEL/MILEAGE 106.38 ADVANCE TOWING & RECOVERY 416109 06-Jun-2018 VEH ID#921 1,192.15 ADVANCE TOWING & RECOVERY 416330 13-Jun-2018 VEH ID#517 864.45 ADVANCE TOWING & RECOVERY 416535 20-Jun-2018 VEH ID#133 288.15 ADVANCE TOWING & RECOVERY 416830 27-Jun-2018 VEH ID#2678 395.50 ADVENTUREMANIA INFLATABLES 416536 20-Jun-2018 SERVICES 5,233.03 AFTERMARKET PARTS COMPANY LLC 416110 06-Jun-2018 MATERIALS 1,314.14 AFTERMARKET PARTS COMPANY LLC 416331 13-Jun-2018 MATERIALS 6,154.43 AFTERMARKET PARTS COMPANY LLC 416537 20-Jun-2018 MATERIALS 3,743.03 AFTERMARKET PARTS COMPANY LLC 416831 27-Jun-2018 MATERIALS 1,411.03 AGL GRASS 416111 06-Jun-2018 CONTRACT SERVICES 25,648.74 AIR CARE SERVICES 416112 06-Jun-2018 SERVICES 761.71 AIR CARE SERVICES 416538 20-Jun-2018 SERVICES 1,382.16 AIR CARE SERVICES 416832 27-Jun-2018 SERVICES 293.80 AJ STONE COMPANY LTD 416332 13-Jun-2018 MATERIALS 3,417.13 AJ STONE COMPANY LTD 416833 27-Jun-2018 MATERIALS 284.39 ALBANESE,LORI 416333 13-Jun-2018 TRAVEL/MILEAGE 155.52 ALFIDOME CONSTRUCTION 416539 20-Jun-2018 CONTRACT SERVICES 7,142.33 ALFIDOME CONSTRUCTION 416834 27-Jun-2018 CONTRACT SERVICES 23,593.04 ALL STAR MECHANICAL PLUMBING & HEATING 416836 27-Jun-2018 CONTRACT SERVICES 3,000.01 ALLEN'S LANDSCAPE SUPPLY DEPOT INC 416113 06-Jun-2018 MATERIALS 480.53 ALLEN'S LANDSCAPE SUPPLY DEPOT INC 416334 13-Jun-2018 MATERIALS 106.79 ALLEN'S LANDSCAPE SUPPLY DEPOT INC 416540 20-Jun-2018 MATERIALS 390.53 ALLEN'S LANDSCAPE SUPPLY DEPOT INC 416835 27-Jun-2018 MATERIALS 121.02 ALSOP,TINA 416541 20-Jun-2018 SERVICES 250.00 ALTIERI BUILDING SUPPLIES LTD 416335 13-Jun-2018 MATERIALS 299.39 AMACO EQUIPMENT INC 416336 13-Jun-2018 VEH ID#626 827.64 AMALGAMATED TRANSIT UNION #1582 00157-0001 04-Jun-2018 PAYROLL REMITTANCE 5,078.63 Page 158 of 340 Page 2 of 14 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No.Cheque Date Purpose Amount AMALGAMATED TRANSIT UNION #1582 00159-0001 18-Jun-2018 PAYROLL REMITTANCE 5,052.59 ANSLOW,SHARON 416837 27-Jun-2018 REFUND 26.23 ANTHONY'S EXCAVATING CENTRAL INC 416838 27-Jun-2018 CONTRACT SERVICES 15,995.15 ANTONIO,BREANNA 416337 13-Jun-2018 TRAVEL/MILEAGE 30.00 AQUA PLANS AQUATIC CONSULTANTS INC.416839 27-Jun-2018 CONTRACT SERVICES 1,469.00 ARCHAEOLOGICAL SERVICES INC 416338 13-Jun-2018 CONSULTING SERVICES 14,478.13 ARCHER TRUCK CENTRE (WELLAND) LTD 416543 20-Jun-2018 VEH ID#535 65.42 ARCHER TRUCK SERVICES LTD 416114 06-Jun-2018 VEH ID#85 3,532.58 ARCHER TRUCK SERVICES LTD 416542 20-Jun-2018 VEH ID#404 550.14 ARCHER TRUCK SERVICES LTD 416841 27-Jun-2018 VEH ID#404 1,202.18 ARCHER,ALEX 416840 27-Jun-2018 REFUND 212.02 ARTISTA DESIGN & PRINT INC 416115 06-Jun-2018 MATERIALS 33.90 ARTISTA DESIGN & PRINT INC 416339 13-Jun-2018 MATERIALS 943.55 ARTISTA DESIGN & PRINT INC 416544 20-Jun-2018 MATERIALS 795.52 ARTISTA DESIGN & PRINT INC 416843 27-Jun-2018 MATERIALS 420.36 ASSOCIATED ENGINEERING (ONT) LTD 416844 27-Jun-2018 CONSULTING SERVICES 23,398.27 AYRE,BARBARA 416846 27-Jun-2018 MATERIALS 100.00 BAGLIERI,CAREY 416116 06-Jun-2018 TRAVEL/MILEAGE 121.68 BAGLIERI,CAREY 416340 13-Jun-2018 TRAVEL/MILEAGE 455.76 BAHN,LISA& GHALY, CHRIS 416117 06-Jun-2018 REFUND 63.31 BAIN PRINTING LIMITED 416847 27-Jun-2018 MATERIALS 463.30 BAKER 416118 06-Jun-2018 MATERIALS 336.13 BAKER 416341 13-Jun-2018 MATERIALS 498.73 BALSDON,KARRI 416342 13-Jun-2018 REFUND 200.00 BARGAIN KING CUSTOM APPAREL 416848 27-Jun-2018 SERVICES 1,608.03 BARKHO,ASHOR 416343 13-Jun-2018 TRAVEL/MILEAGE 78.84 BARNSWELL,LORAINE 416119 06-Jun-2018 REFUND 224.25 BARRANCA,MARY 416849 27-Jun-2018 REFUND 1,281.48 BATTLEFIELD EQUIPMENT RENTALS 416120 06-Jun-2018 MATERIALS 529.52 BATTLEFIELD EQUIPMENT RENTALS 416344 13-Jun-2018 MATERIALS 5,826.46 BATTLEFIELD EQUIPMENT RENTALS 416545 20-Jun-2018 MATERIALS 2,233.56 BEAM,JOHN 416852 27-Jun-2018 REFUND 750.00 BEAUCHAMP,RANDY THOMAS 416547 20-Jun-2018 SERVICES 250.00 BEAUCHEMIN,JESSICA 416851 27-Jun-2018 REFUND 192.11 BEBE STATION 416548 20-Jun-2018 SERVICES 847.50 BELL CANADA 416123 06-Jun-2018 SERVICES 49.43 BELL CANADA 416853 27-Jun-2018 SERVICES 92.10 BELL CANADA - PUBLIC ACCESS 416122 06-Jun-2018 SERVICES 169.50 BELL MOBILITY INC.416549 20-Jun-2018 LEASES AND RENTS 11,404.34 BEN BERG FARM & INDUSTRIAL EQUIPMENT LTD 416345 13-Jun-2018 VEH ID#282 20,131.00 BEN BERG FARM & INDUSTRIAL EQUIPMENT LTD 416550 20-Jun-2018 VEH ID#t1880 553.45 BENNETT,CATHARINE 416346 13-Jun-2018 TRAVEL/MILEAGE 210.00 BERNAT,CLARK 416854 27-Jun-2018 TRAVEL/MILEAGE 198.62 BIDDLE CONSULTING GROUP US DRAFT 14-Jun-2018 MATERIALS 999.00 BITTON,RAQUEL 416855 27-Jun-2018 REFUND 39.57 BLACK & MCDONALD LTD 416551 20-Jun-2018 CONTRACT SERVICES 27,319.60 BLACK & MCDONALD LTD 416856 27-Jun-2018 CONTRACT SERVICES 1,575.16 BLACK,NATHAN 416552 20-Jun-2018 SERVICES 400.00 BMO NATIONAL SERVICES 416124 06-Jun-2018 REFUND 139.63 BOB ROBINSON & SON CONSTRUCTION 416125 06-Jun-2018 CONTRACT SERVICES 2,977.55 BOB ROBINSON & SON CONSTRUCTION 416347 13-Jun-2018 CONTRACT SERVICES 836.20 BOB ROBINSON & SON CONSTRUCTION 416554 20-Jun-2018 REFUND 750.00 BOB ROBINSON & SON CONSTRUCTION 416857 27-Jun-2018 CONTRACT SERVICES 1,898.40 BOBCAT OF HAMILTON LTD 416553 20-Jun-2018 VEH ID#220 187.64 BOCCIA,JONATHAN 416348 13-Jun-2018 MATERIALS 217.19 BODOUNOV,IPPOLIT& DIANOVA, SVETLANA 416126 06-Jun-2018 REFUND 15.67 BONNER,LESLIE 416127 06-Jun-2018 REFUND 146.92 BOOT SHOP 416858 27-Jun-2018 MATERIALS 666.70 BOYS & GIRLS CLUB OF NIAGARA 416859 27-Jun-2018 GRANT 16,500.00 BRAND BLVD INC 416349 13-Jun-2018 MATERIALS 697.02 BRENNAN PAVING LTD.416860 27-Jun-2018 CONTRACT SERVICES 241,420.08 BRIDGE FALLS HOLDINGS LTD 416861 27-Jun-2018 REFUND 2,525.71 BRINKS CANADA LTD 416862 27-Jun-2018 SERVICES 2,773.13 BRL REALTY LIMITED 416863 27-Jun-2018 REFUND 663.00 BROCK FORD 416128 06-Jun-2018 VEH ID#682 713.05 BROCK FORD 416350 13-Jun-2018 VEH ID#139 34.56 BROCK FORD 416555 20-Jun-2018 VEH ID#49 1,613.66 BROCK FORD 416864 27-Jun-2018 VEH ID#187 1,136.35 BRODERICK,MARK 416351 13-Jun-2018 MATERIALS 60.92 BROUWER'S CUSTOM UPHOLSTERY & BLINDS LTD 416129 06-Jun-2018 MATERIALS 3,977.60 BROWN,PAUL 416130 06-Jun-2018 TRAVEL/MILEAGE 234.90 BRUNNING,MARGARET 416131 06-Jun-2018 SERVICES 325.00 BUILDING INNOVATION 416556 20-Jun-2018 SERVICES 1,356.00 BUILDING INNOVATION 416865 27-Jun-2018 CONTRACT SERVICES 2,260.00 Page 159 of 340 Page 3 of 14 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No.Cheque Date Purpose Amount BURGOYNE,JIM 416557 20-Jun-2018 MATERIALS 175.00 BUTLER,ANGUS 416867 27-Jun-2018 MATERIALS 20.00 BUTYNIEC,DAVE 416132 06-Jun-2018 TRAVEL/MILEAGE 55.08 C V S MIDWEST TAPE 416158 06-Jun-2018 MATERIALS 1,110.49 CALE SYSTEMS INC 416868 27-Jun-2018 SERVICES 1,649.80 CAMPBELL,HELGA MARIE 416353 13-Jun-2018 REFUND 200.00 CAMPBELL,WAYNE 416133 06-Jun-2018 TRAVEL/MILEAGE 1,009.67 CANADA POST CORPORATION 416139 06-Jun-2018 SERVICES 891.57 CANADA POST CORPORATION 00157-0002 04-Jun-2018 MATERIALS 5,138.16 CANADA POST CORPORATION 00158-0001 11-Jun-2018 MATERIALS 4,126.71 CANADA POST CORPORATION 00159-0002 18-Jun-2018 MATERIALS 30,026.76 CANADA POST CORPORATION 00160-0001 25-Jun-2018 MATERIALS 631.22 CANADIAN DOOR DOCTOR 416136 06-Jun-2018 SERVICES 429.40 CANADIAN DOOR DOCTOR 416355 13-Jun-2018 SERVICES 358.78 CANADIAN DOOR DOCTOR 416558 20-Jun-2018 SERVICES 509.07 CANADIAN DOOR DOCTOR 416869 27-Jun-2018 SERVICES 440.70 CANADIAN LINEN & UNIFORM 416137 06-Jun-2018 CONTRACT SERVICES 418.15 CANADIAN LINEN & UNIFORM 416356 13-Jun-2018 CONTRACT SERVICES 391.29 CANADIAN LINEN & UNIFORM 416559 20-Jun-2018 CONTRACT SERVICES 787.90 CANADIAN LINEN & UNIFORM 416870 27-Jun-2018 CONTRACT SERVICES 907.24 CANADIAN NATIONAL 416871 27-Jun-2018 CONTRACT SERVICES 3,560.10 CANADIAN NIAGARA HOTELS INC 416872 27-Jun-2018 REFUND 2,107.85 CANADIAN PACIFIC RAILWAY CO 416873 27-Jun-2018 CONTRACT SERVICES 1,023.00 CANADIAN SPORT TOURISM ALLIANCE 416357 13-Jun-2018 MEMBERSHIP 1,695.00 CANAVAN,WENDY 416134 06-Jun-2018 TRAVEL/MILEAGE 139.86 CANCORE INDUSTRIES INC O/A HAMILTON RADIATOR SERVICE 416135 06-Jun-2018 MATERIALS 3,244.69 CANCORE INDUSTRIES INC O/A HAMILTON RADIATOR SERVICE 416354 13-Jun-2018 MATERIALS 399.96 CANON CANADA INC 416138 06-Jun-2018 CONTRACT SERVICES 660.46 CAPPA,JONAH 416560 20-Jun-2018 SERVICES 50.00 CAPPA,JONAH 416874 27-Jun-2018 SERVICES 50.00 CARGILL LIMITED 416140 06-Jun-2018 MATERIALS 21,687.53 CARLETON UNIFORMS INC 416562 20-Jun-2018 MATERIALS 454.15 CARLETON UNIFORMS INC 416875 27-Jun-2018 MATERIALS 454.77 CAROLINE'S CARICATURES 416561 20-Jun-2018 SERVICES 250.00 CARPINO,WENDY 416358 13-Jun-2018 REFUND 121.27 CARQUEST CANADA LTD.416563 20-Jun-2018 MATERIALS 213.85 CASTLE MECHANICAL 416359 13-Jun-2018 CONTRACT SERVICES 5,525.83 CATARACT COLLISION CENTRE 416141 06-Jun-2018 VEH ID#220 5,452.25 CBI WORKPLACE SOLUTIONS LTD. PARTNERSHIP 416360 13-Jun-2018 SERVICES 779.70 CBM N.A. INC 416142 06-Jun-2018 MATERIALS 8.34 CENTENNIAL INFRASTRUCTURE (NIAGARA) INC 416876 27-Jun-2018 CONTRACT SERVICES 52,776.87 CENTRAL 1 CREDIT UNION ELECTRONIC PAYMENTS 416144 06-Jun-2018 REFUND 3,044.16 CENTRAL 1 CREDIT UNION ELECTRONIC PAYMENTS 416564 20-Jun-2018 REFUND 1,385.00 CENTRAL COMMUNICATIONS 416143 06-Jun-2018 SERVICES 745.80 CESARIN,RYAN 416145 06-Jun-2018 MATERIALS 175.00 CHARLES JONES INDUSTRIAL LTD 416146 06-Jun-2018 STORES/INVENTORY 2,257.19 CHARLES JONES INDUSTRIAL LTD 416361 13-Jun-2018 STORES/INVENTORY 1,682.84 CHARLES JONES INDUSTRIAL LTD 416565 20-Jun-2018 STORES/INVENTORY 2,328.00 CHARLES JONES INDUSTRIAL LTD 416877 27-Jun-2018 STORES/INVENTORY 258.05 CHEM AQUA 416147 06-Jun-2018 CONTRACT SERVICES 169.50 CHIECA,LUCIANO 416148 06-Jun-2018 MATERIALS 150.00 CHIPMAN,SHANE& LEVITT-CHIPMAN, TERRI 416149 06-Jun-2018 REFUND 107.83 CHIPPAWA LIONS CLUB 416566 20-Jun-2018 SERVICES 6,777.00 CHRIS TURNER ASSOCIATES INC 416362 13-Jun-2018 CONSULTING SERVICES 1,929.76 CIBC ELECTRONIC BANKING OPERATIONS 416567 20-Jun-2018 REFUND 31.58 CIMA CANADA INC 416363 13-Jun-2018 CONSULTING SERVICES 15,108.59 CITY OF THOROLD PIPE BAND 416568 20-Jun-2018 SERVICES 750.00 CITY VIEW BUS SALES & SERVICE LTD.416150 06-Jun-2018 MATERIALS 8,083.54 CITY VIEW BUS SALES & SERVICE LTD.416364 13-Jun-2018 MATERIALS 907.27 CITY VIEW BUS SALES & SERVICE LTD.416569 20-Jun-2018 MATERIALS 4,117.08 CITY VIEW BUS SALES & SERVICE LTD.416878 27-Jun-2018 MATERIALS 241.00 CLAIRE GREGORY 416413 13-Jun-2018 SERVICES 25.00 CLARK,TIFFANY 416365 13-Jun-2018 TRAVEL/MILEAGE 43.74 CLARKE,VALERIE& MEDICOFF, JODY 416880 27-Jun-2018 REFUND 138.12 CLASSIC 59 INVESTMENTS INC 416879 27-Jun-2018 REFUND 4,812.96 CLEVER DEVICES ULC 416570 20-Jun-2018 CONTRACT SERVICES 44,345.15 CLEVER DEVICES ULC 416881 27-Jun-2018 CONTRACT SERVICES 14,260.60 CLOCKWORK SYSTEMS INC 416366 13-Jun-2018 CONTRACT SERVICES 3,763.30 COGECO CONNEXION INC.416151 06-Jun-2018 SERVICES 698.34 COLANGELO,DIANA 416367 13-Jun-2018 REFUND 750.00 COLLIERS NIAGARA MANAGEMENT LTD.416947 27-Jun-2018 REFUND 618.22 COLLINS,KELY 416571 20-Jun-2018 SERVICES 300.00 COLVOY ENTERPRISES 2012 LTD 416882 27-Jun-2018 VEH ID#271 192.26 COMMISSIONAIRES 416368 13-Jun-2018 CONTRACT SERVICES 13,285.19 Page 160 of 340 Page 4 of 14 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No.Cheque Date Purpose Amount COMMISSIONAIRES 416883 27-Jun-2018 CONTRACT SERVICES 16,138.36 COMPUGEN INC 416572 20-Jun-2018 SERVICES 1,130.00 CONVERY,SARAH 416153 06-Jun-2018 REFUND 34.08 COOPER,NICK 416574 20-Jun-2018 SERVICES 50.00 CORMIER,MARIE CLAUDE 416154 06-Jun-2018 REFUND 6.32 CORREIA,MARK 416575 20-Jun-2018 SERVICES 1,356.00 CRABBE,CASEY D 416885 27-Jun-2018 REFUND 131.09 CRAITOR,KIM 416155 06-Jun-2018 SERVICES 135.60 CRAWFORD & COMPANY (CANADA) INC 416156 06-Jun-2018 CONTRACT SERVICES 379.50 CRAWFORD & COMPANY (CANADA) INC 416369 13-Jun-2018 CONTRACT SERVICES 1,725.00 CRAWFORD & COMPANY (CANADA) INC 416576 20-Jun-2018 CONTRACT SERVICES 1,069.50 CRAWFORD & COMPANY (CANADA) INC 416886 27-Jun-2018 CONTRACT SERVICES 1,219.00 CRAWFORD & COMPANY (CANADA) INC IN TRUST 416323 06-Jun-2018 ADMINISTRATIVE- TRUST ACCOUNT REPLENISHMENT9,261.23 CRD CREIGHTON 416157 06-Jun-2018 MATERIALS 113.23 CRITELLI,LUIGI 416371 13-Jun-2018 REFUND 750.00 CRITES,LAURIE 416370 13-Jun-2018 REFUND 750.00 CSERPES,ANDREW& CSERPES, YOLANDE 416888 27-Jun-2018 REFUND 1,073.27 CTM MEDIA GROUP LTD 416372 13-Jun-2018 MATERIALS 1,243.00 CULLIGAN NIAGARA WATER TECH INC.416889 27-Jun-2018 SERVICES 450.87 CUMMINS CANADA ULC 416577 20-Jun-2018 MATERIALS 1,135.73 CUPE LOCAL 133 00157-0003 04-Jun-2018 PAYROLL REMITTANCE 9,976.47 CUPE LOCAL 133 00159-0003 18-Jun-2018 PAYROLL REMITTANCE 9,944.65 CURRELL,CHRISTOPHER 416890 27-Jun-2018 REFUND 750.00 D & D DIAMOND CUTTING & CORING INC 416580 20-Jun-2018 CONTRACT SERVICES 452.00 D K TECHNICAL SERVICES INC 416164 06-Jun-2018 CONTRACT SERVICES 413.51 DABROWSKI,CHRIS 416892 27-Jun-2018 REFUND 68.59 DANYAAL ENTERPRISES LTD 416893 27-Jun-2018 REFUND 2,157.48 DARCH FIRE 416159 06-Jun-2018 VEH ID#517 5,068.05 DARCH FIRE 416579 20-Jun-2018 VEH ID#AERIAL 2 115.26 DARCH FIRE 416894 27-Jun-2018 VEH ID#522 231.65 DARK,TRENT 416374 13-Jun-2018 REFUND 2,077.40 DAVIDSON ENVIRONMENTAL 416375 13-Jun-2018 MATERIALS 67.80 DAVIDSON ENVIRONMENTAL 416895 27-Jun-2018 MATERIALS 143.74 DEL DUCA,RACHEL& DISERAFINO, ROMEO 416897 27-Jun-2018 REFUND 19.08 DELDUCA,SAM 416376 13-Jun-2018 MATERIALS 150.00 DELL,DAVID JAMES 416581 20-Jun-2018 REFUND 750.00 DELUCA,DINO 416896 27-Jun-2018 REFUND 208.82 DEMAR CONSTRUCTION INC.416377 13-Jun-2018 CONTRACT SERVICES 147,307.80 DEMOL'S TIRE SALES & SERVICE 416583 20-Jun-2018 VEH ID#326 1,521.25 DEMOL'S TIRE SALES & SERVICE 416898 27-Jun-2018 VEH ID#235 147.58 DEMPSEY,FRANCES MARGARET 416582 20-Jun-2018 REFUND 168.94 DENIS MORRIS CATHOLIC HIGH SCHOOL 416584 20-Jun-2018 GRANT 200.00 DEPENDABLE EMERGENCY VEHICLES 416585 20-Jun-2018 VEH ID#522 1,615.90 DESCHAMPS,STEPHANE 416902 27-Jun-2018 REFUND 2.54 DESHANE,PAULA 416586 20-Jun-2018 REFUND 66.88 DESIGN ELECTRONICS 416160 06-Jun-2018 SERVICES 11,535.97 DESIGN ELECTRONICS 416378 13-Jun-2018 SERVICES 297.30 DESIGN ELECTRONICS 416900 27-Jun-2018 SERVICES 570.13 DESJARDINS FINANCIAL SECURITY C/O AVISON YOUNG PROPERTY MANAGEMENT41690127-Jun-2018 REFUND 37,490.20 DESROCHES,DAN 416899 27-Jun-2018 REFUND 181.13 DEVRON SALES LTD 416587 20-Jun-2018 MATERIALS 6,729.15 DIALLO,AISSATA SALAM 416161 06-Jun-2018 GRANT 1,500.00 DICAN DIGITAL INSTRUMENTS CANADA INC 416379 13-Jun-2018 SERVICES 237.30 DICAN DIGITAL INSTRUMENTS CANADA INC 416588 20-Jun-2018 VEH ID#305 562.10 DICAN DIGITAL INSTRUMENTS CANADA INC 416903 27-Jun-2018 SERVICES 237.30 DIGITAL POSTAGE ON CALL 416162 06-Jun-2018 MATERIALS 19,210.00 DIGITAL TREE 416380 13-Jun-2018 MATERIALS 56.50 DILALLA,PETER 416904 27-Jun-2018 REFUND 657.78 DIODATI,JIM 416905 27-Jun-2018 TRAVEL/MILEAGE 1,155.00 DIRECT EQUIPMENT LTD 416163 06-Jun-2018 MATERIALS 734.73 DISPATCH TALENT INCORPORATED 416589 20-Jun-2018 SERVICES 621.50 DOBAL,ASHLEY SIENNA 416381 13-Jun-2018 GRANT 210.00 DOBSON,SUZANNE 416165 06-Jun-2018 REFUND 115.95 DOSS HOMES CONSTRUCTION AND DEVELOPMENT CORP.416906 27-Jun-2018 REFUND 3,507.62 DOUGLAS,DON 416166 06-Jun-2018 MATERIALS 75.00 DUFF,YVETTE 416590 20-Jun-2018 SERVICES 300.00 DULUX- PPG ARCHITECTURAL COATINGS CANADA INC 416168 06-Jun-2018 STORES/INVENTORY 406.96 DUMONT SECURITY 416907 27-Jun-2018 CONTRACT SERVICES 1,101.66 DYCHTIAR,PETER 416591 20-Jun-2018 SERVICES 150.00 E S FOX ENTERPRISES INC 416912 27-Jun-2018 REFUND 4,591.23 E S HUBBELL HIGHWAY AND DRAINANGE PRODUCTS 416597 20-Jun-2018 MATERIALS 5,103.62 E3 LABORATORIES 416908 27-Jun-2018 CONTRACT SERVICES 1,357.13 ECONOPRINT 416592 20-Jun-2018 MATERIALS 945.02 EDWARDS,BROOKE 416170 06-Jun-2018 GRANT 1,500.00 Page 161 of 340 Page 5 of 14 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No.Cheque Date Purpose Amount EGERTER,CAROL 416171 06-Jun-2018 TRAVEL/MILEAGE 118.80 ELIZABETH TELEGA PHOTOGRAPHY 416172 06-Jun-2018 SERVICES 372.90 ELLIOTT,DAVID GERALD 416382 13-Jun-2018 REFUND 168.94 ELLIS ENGINEERING INC.416383 13-Jun-2018 CONSULTING SERVICES 9,627.46 ELLIS,SCOTT 416173 06-Jun-2018 REFUND 16.99 EMCO CORPORATION 416174 06-Jun-2018 MATERIALS 2,673.35 EMCO CORPORATION 416384 13-Jun-2018 STORES/INVENTORY 449.86 EMCO CORPORATION 416593 20-Jun-2018 MATERIALS 5,425.47 EMCO CORPORATION 416909 27-Jun-2018 MATERIALS 7,191.32 EMERGENCY MANAGEMENT & TRAINING INC.416910 27-Jun-2018 CONTRACT SERVICES 9,322.50 ENBRIDGE 00157-0004 04-Jun-2018 UTILITIES 76.62 ENBRIDGE 00157-0005 04-Jun-2018 UTILITIES 16,723.98 ENBRIDGE 00158-0003 11-Jun-2018 UTILITIES 6,058.27 ENBRIDGE 00158-0004 11-Jun-2018 UTILITIES 8,228.27 ENBRIDGE 00159-0004 18-Jun-2018 UTILITIES 945.64 ENBRIDGE 00160-0002 25-Jun-2018 UTILITIES 421.45 ENBRIDGE 00160-0003 25-Jun-2018 UTILITIES 156.40 ENGLEHART,DALE 416175 06-Jun-2018 REFUND 180.00 ENVIRO-CORE INC.416385 13-Jun-2018 CONTRACT SERVICES 12,204.00 E-QUIP RENTALS & REPAIRS INC 416387 13-Jun-2018 MATERIALS 2,839.19 E-QUIP RENTALS & REPAIRS INC 416595 20-Jun-2018 MATERIALS 2,133.60 E-QUIP RENTALS & REPAIRS INC 416911 27-Jun-2018 STORES/INVENTORY 1,300.78 EQUIPMENT SPECIALIST INC 416176 06-Jun-2018 LEASES AND RENTS 18,254.02 EQUIPMENT SPECIALIST INC 416386 13-Jun-2018 VEH ID#476 345.72 EQUIPMENT SPECIALIST INC 416594 20-Jun-2018 VEH ID#476 10,961.40 ERIC MILLER 416596 20-Jun-2018 SERVICES 1,130.00 ESTATE OF CATHARINA JANSS 416913 27-Jun-2018 REFUND 2.14 ESTATE OF TIMOTHY HODAY,416389 13-Jun-2018 REMITTANCE 3,167.00 ESTATE OF TIMOTHY VAIL,416388 13-Jun-2018 REMITTANCE 10,052.52 EVANOFF,VICTOR 416390 13-Jun-2018 TRAVEL/MILEAGE 170.00 EVANS SWEENY BORDIN LLP 416391 13-Jun-2018 CONTRACT SERVICES 9,962.37 EVANS UTILITY & MUNICIPAL PRODUCTS SUPPLY LTD 416392 13-Jun-2018 MATERIALS 24,328.90 EVANS UTILITY & MUNICIPAL PRODUCTS SUPPLY LTD 416914 27-Jun-2018 MATERIALS 6,864.14 EVOLUTION TRUCK & TRAILER SERVICE 416598 20-Jun-2018 VEH ID#87 103.68 EXP SERVICES INC 416179 06-Jun-2018 CONSULTING SERVICES 11,959.92 EXP SERVICES INC 416393 13-Jun-2018 CONSULTING SERVICES 5,774.30 FAIRLEY,HEATHER 416394 13-Jun-2018 TRAVEL/MILEAGE 240.00 FALLS CHEVROLET CADILLAC 416395 13-Jun-2018 VEH ID#671 108.02 FALLS CHEVROLET CADILLAC 416915 27-Jun-2018 VEH ID#154 738.69 FALLS ELECTRIC INC 416180 06-Jun-2018 SERVICES 2,390.51 FALLS ELECTRIC INC 416916 27-Jun-2018 SERVICES 843.82 FALLSWAY SUPPLY 416181 06-Jun-2018 MATERIALS 63.91 FASTENAL CANADA LTD 416182 06-Jun-2018 MATERIALS 152.93 FASTENAL CANADA LTD 416397 13-Jun-2018 STORES/INVENTORY 669.53 FASTENAL CANADA LTD 416599 20-Jun-2018 MATERIALS 657.66 FASTENAL CANADA LTD 416917 27-Jun-2018 MATERIALS 485.78 FEDERAL EXPRESS CANADA LTD 416398 13-Jun-2018 COURIER 16.30 FELICIANO PINGUE & SONS CONSTRUCTION LTD 416600 20-Jun-2018 REFUND 1,250.00 FENCAST INDUSTRIES LTD 416918 27-Jun-2018 REFUND 5,443.57 FILION WAKELY THORUP ANGELETTI LLP 416919 27-Jun-2018 CONSULTING SERVICES 9,229.28 FINELLI,PAOLO& FINELLI, HAZEL 416920 27-Jun-2018 REFUND 157.89 FIRE MARSHAL'S PUBLIC FIRE SAFETY COUNCIL 416921 27-Jun-2018 MATERIALS 449.74 FIRE MONITORING OF CANADA INC 416399 13-Jun-2018 SERVICES 170.23 FIRE MONITORING OF CANADA INC 416601 20-Jun-2018 SERVICES 1,437.36 FIRE MONITORING OF CANADA INC 416922 27-Jun-2018 SERVICES 4,032.35 FIRENZE,ROSANNA 416183 06-Jun-2018 TRAVEL/MILEAGE 21.60 FITZPATRICK,STEPHEN 416184 06-Jun-2018 TRAVEL/MILEAGE 14.58 FIVE STAR ALLIANCE PROPERTY INVESTMENTS LTD 416923 27-Jun-2018 REFUND 2,834.65 FLAGS UNLIMITED INC 416924 27-Jun-2018 STORES/INVENTORY 65.43 FLEXO PRODUCTS LTD 416185 06-Jun-2018 STORES/INVENTORY 501.89 FLEXO PRODUCTS LTD 416400 13-Jun-2018 MATERIALS 3,544.34 FLEXO PRODUCTS LTD 416602 20-Jun-2018 MATERIALS 2,353.64 FLEXO PRODUCTS LTD 416925 27-Jun-2018 MATERIALS 341.17 FORMISANO,ADRIANO 416926 27-Jun-2018 REFUND 523.18 FOUNDATION FIX 416603 20-Jun-2018 REFUND 750.00 FOURNIER,RITA 416604 20-Jun-2018 SERVICES 150.00 FRANCIS,MICHAEL 416605 20-Jun-2018 SERVICES 400.00 FRANK CONSTANTINO CONSTRUCTION 416927 27-Jun-2018 REFUND 4,000.00 FRANK COWAN COMPANY LIMITED 416928 27-Jun-2018 REMITTANCE 780.00 FRANZE,FRANK 416401 13-Jun-2018 TRAVEL/MILEAGE 35.64 FRASER,HEATHER 416402 13-Jun-2018 SERVICES 130.00 FRASER,RACHEL 416186 06-Jun-2018 TRAVEL/MILEAGE 129.06 FREDERICK,RICK 416403 13-Jun-2018 MATERIALS 125.00 FREW ENERGY LIMITED 416187 06-Jun-2018 FUEL 15,766.18 Page 162 of 340 Page 6 of 14 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No.Cheque Date Purpose Amount FREW ENERGY LIMITED 416404 13-Jun-2018 FUEL 14,139.16 FREW ENERGY LIMITED 416929 27-Jun-2018 FUEL 43,669.06 FROGGY'S AUTO GLASS LTD 416606 20-Jun-2018 CONTRACT SERVICES 412.45 G. O'CONNOR CONSULTANTS INC 416410 13-Jun-2018 CONSULTING SERVICES 12,704.03 G. O'CONNOR CONSULTANTS INC 416932 27-Jun-2018 CONSULTING SERVICES 3,296.76 GABRIELLI,MICHAEL 416405 13-Jun-2018 REFUND 750.00 GAITAN,TONY 416406 13-Jun-2018 REFUND 750.00 GALES GAS BARS 416930 27-Jun-2018 FUEL 1,527.23 GASCON,NICOLE& GASCON, ANDRE 416188 06-Jun-2018 REFUND 65.00 GASCON,NICOLE& GASCON, ANDRE 416407 13-Jun-2018 MATERIALS 17,000.00 GAULD NURSERIES LTD 416408 13-Jun-2018 MATERIALS 254.25 GAUTHIER,HOPE 416189 06-Jun-2018 REFUND 10.40 GHD LIMITED 416190 06-Jun-2018 CONSULTING SERVICES 8,493.51 GHD LIMITED 416409 13-Jun-2018 CONSULTING SERVICES 4,305.98 GLASS INC 416931 27-Jun-2018 SERVICES 1,604.60 GLOBALSTAR CANADA 416191 06-Jun-2018 SERVICES 146.88 GM BLUEPLAN ENGINEERING LIMITED 416192 06-Jun-2018 CONSULTING SERVICES 19,404.42 GOING ONE 416607 20-Jun-2018 MATERIALS 4,256.51 GORGE HOLDINGS INC 416934 27-Jun-2018 REFUND 4,384.07 GR (CAN) INVESTMENT CO LTD 416936 27-Jun-2018 REFUND 6,954.00 GRAND & TOY LIMITED 416935 27-Jun-2018 MATERIALS 107.46 GRAYBAR CANADA 416193 06-Jun-2018 MATERIALS 287.53 GRAYBAR CANADA 416411 13-Jun-2018 MATERIALS 807.78 GRAYBAR CANADA 416609 20-Jun-2018 MATERIALS 160.40 GREAVES LIGHT DUTY SIGN SERVICE 416414 13-Jun-2018 SERVICES 118.65 GREEN LION GROUP CORP 416412 13-Jun-2018 REFUND 500.00 GREEN,JOSHUA 416610 20-Jun-2018 SERVICES 200.00 GRIMSBY PIPE BAND 416611 20-Jun-2018 SERVICES 850.00 GT FRENCH 416937 27-Jun-2018 MATERIALS 491.16 GUARASCI,JEFF 416415 13-Jun-2018 MATERIALS 40.00 GUARASCI,MATT 416612 20-Jun-2018 SERVICES 250.00 GUGLIOTTA,JOSEPH 416416 13-Jun-2018 REFUND 750.00 GUILD ELECTRIC LIMITED 416194 06-Jun-2018 CONTRACT SERVICES 20,217.03 GUILD ELECTRIC LIMITED 416938 27-Jun-2018 CONTRACT SERVICES 31,757.47 GUSYEV,VOLODYMYR 416417 13-Jun-2018 REFUND 141.25 HAGAR,MARGARET 416195 06-Jun-2018 REFUND 121.35 HAMILTON-TORONTO AREA PROCESS SERVING INC 416613 20-Jun-2018 SERVICES 152.55 HANDS ON EXOTICS INC.416614 20-Jun-2018 SERVICES 595.51 HARDMAN,TIMOTHY 416939 27-Jun-2018 REFUND 217.36 HARVEY,KIRSTEN 416615 20-Jun-2018 SERVICES 2,316.50 HAWKINS,IVAN 416418 13-Jun-2018 SERVICES 200.00 HAYDON,DOUGLAS 416419 13-Jun-2018 GRANT 1,200.00 HEART NIAGARA INC 416196 06-Jun-2018 MATERIALS 6,445.34 HEART NIAGARA INC 416940 27-Jun-2018 MATERIALS 350.30 HEBERT,KATE 416197 06-Jun-2018 REFUND 170.65 HECTRONIC USA CORP US DRAFT 14-Jun-2018 CONTRACT SERVICES 1,904.87 HENDERSON,JASON 416616 20-Jun-2018 SERVICES 1,412.50 HERNANDEZ,SALVADOR& HERNANDEZ, EDITH 416942 27-Jun-2018 REFUND 1,333.46 HEROD,DEBRA IRENE 416941 27-Jun-2018 REFUND 1,714.78 HICKORY DICKORY DECKS NIAGARA 416943 27-Jun-2018 REFUND 750.00 HICKS MORLEY HAMILTON STEWART STORIE LLP 416618 20-Jun-2018 CONSULTING SERVICES 6,821.26 HICKS MORLEY HAMILTON STEWART STORIE LLP 416944 27-Jun-2018 CONSULTING SERVICES 652.35 HICKS,BRUCE 416420 13-Jun-2018 MATERIALS 150.00 HICKS,DEREK 416617 20-Jun-2018 MATERIALS 50.00 HILARIO PORTO GONCALVES 416619 20-Jun-2018 SERVICES 2,203.50 HILLSIDE HOLDINGS INC 416945 27-Jun-2018 REFUND 848.22 HOANG,CHIEN VAN 416946 27-Jun-2018 REFUND 5,231.60 HOCO LIMITED 416620 20-Jun-2018 REFUND 3,250.00 HOLMAN,GEOFF 416198 06-Jun-2018 TRAVEL/MILEAGE 92.08 HOOP YOU 416621 20-Jun-2018 SERVICES 678.00 HORBAN,THEODORE GARY 416948 27-Jun-2018 REFUND 5,259.77 HORIZON SCOOTERS 416199 06-Jun-2018 REFUND 167.97 HOWE,JONATHEN 416622 20-Jun-2018 SERVICES 50.00 HOWE,SARAH 416200 06-Jun-2018 REFUND 2.35 HUA,NGOC TUYET& DUONG, THUAN 416949 27-Jun-2018 REFUND 756.48 HUA,NGOOC TUYET 416950 27-Jun-2018 REFUND 25.96 HUDDLESTON,MATT 416623 20-Jun-2018 SERVICES 50.00 HUMMEL PROPERTIES INC 416951 27-Jun-2018 REFUND 2,717.53 HUSSEY,LEWIS 416421 13-Jun-2018 TRAVEL/MILEAGE 210.00 HYDE,CASEY 416624 20-Jun-2018 SERVICES 50.00 HYNES,DONNA 416625 20-Jun-2018 MATERIALS 80.00 IANNUZZELLI,SUSAN 416952 27-Jun-2018 REFUND 1,719.28 IMRAN,SIDRA 416626 20-Jun-2018 SERVICES 400.00 INSIGHT HR SOLUTIONS 416953 27-Jun-2018 CONSULTING SERVICES 4,044.09 Page 163 of 340 Page 7 of 14 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No.Cheque Date Purpose Amount INTERNATIONAL SAFETY 416201 06-Jun-2018 MATERIALS 3,616.00 INTUITION LANDSCAPE 416627 20-Jun-2018 CONTRACT SERVICES 5,735.89 INTUITION LANDSCAPE 416954 27-Jun-2018 CONTRACT SERVICES 1,703.48 IOANNONI,CAROLYNN 416628 20-Jun-2018 TRAVEL/MILEAGE 1,005.16 IRWIN,NICK 416629 20-Jun-2018 SERVICES 100.00 J J MACKAY CANADA LTD 416957 27-Jun-2018 MATERIALS 126.39 JACK DOW AUTO SUPPLIES LIMITED 416202 06-Jun-2018 MATERIALS 765.63 JACK DOW AUTO SUPPLIES LIMITED 416422 13-Jun-2018 VEH ID#311 152.04 JACK DOW AUTO SUPPLIES LIMITED 416631 20-Jun-2018 VEH ID#650 1,079.87 JACK DOW AUTO SUPPLIES LIMITED 416955 27-Jun-2018 VEH ID#65 332.65 JACKSON,CHRISTINE 416630 20-Jun-2018 SERVICES 50.00 JAGGER SPORTS CO 416632 20-Jun-2018 SERVICES 1,984.28 JAMES,EMMA 416956 27-Jun-2018 SERVICES 50.00 JARVIS,PETER 416633 20-Jun-2018 SERVICES 1,017.00 JBM OFFICE SYSTEMS LTD 416203 06-Jun-2018 MATERIALS 491.55 JOE'S TRANSMISSION SERVICE AND AL'S RAD SERVICE 416958 27-Jun-2018 VEH ID#235 203.34 JOHN ARCHER AND ASSOCIATES 416423 13-Jun-2018 CONTRACT SERVICES 45,389.84 JORDAN,BRENDA 416634 20-Jun-2018 MATERIALS 35.00 JTS REPAIR LTD.416204 06-Jun-2018 SERVICES 423.75 JUDGE,LIANE 416959 27-Jun-2018 REFUND 124.15 JULIANO,LILLY 416960 27-Jun-2018 REFUND 138.49 KARAHAN,ALIRIZA 416635 20-Jun-2018 REFUND 750.00 KEEFER MANAGEMENT INC.416636 20-Jun-2018 LEASES AND RENTS 9,570.31 KELLY DIGS LANDSCAPING 416637 20-Jun-2018 CONTRACT SERVICES 17,988.85 KELLY DIGS LANDSCAPING 416638 20-Jun-2018 CONTRACT SERVICES 6,365.11 KELLY DIGS LANDSCAPING 416961 27-Jun-2018 CONTRACT SERVICES 11,811.82 KELLY SERVICES (CANADA) LTD.416205 06-Jun-2018 CONTRACT SERVICES 565.10 KELLY SERVICES (CANADA) LTD.416424 13-Jun-2018 CONTRACT SERVICES 1,984.43 KELLY SERVICES (CANADA) LTD.416639 20-Jun-2018 CONTRACT SERVICES 10,296.05 KELLY SERVICES (CANADA) LTD.416962 27-Jun-2018 CONTRACT SERVICES 7,202.61 KENWORTH TORONTO LTD 416206 06-Jun-2018 MATERIALS 146.37 KENWORTH TORONTO LTD 416425 13-Jun-2018 MATERIALS 1,589.87 KENWORTH TORONTO LTD 416640 20-Jun-2018 MATERIALS 68.83 KERRY T HOWE ENGINEERING LTD 416963 27-Jun-2018 CONSULTING SERVICES 512.06 KIRKPATRICK STONEWORKS LTD.416207 06-Jun-2018 MATERIALS 113.00 KIVISTO,BRIAN 416964 27-Jun-2018 MATERIALS 40.00 KLAS ENTERPRISES 416641 20-Jun-2018 REFUND 750.00 KLEENWAY BUILDING MAINTENANCE INC 416208 06-Jun-2018 SERVICES 5,156.55 KLEIN,MARK 416965 27-Jun-2018 REFUND 151.15 KOCINS,KAYLA 416966 27-Jun-2018 REFUND 98.36 KRAWCZYK CONSTRUCTION MAINTENANCE INC 416426 13-Jun-2018 SERVICES 1,344.70 KRONSTEIN,MARK 416427 13-Jun-2018 TRAVEL/MILEAGE 210.00 KROWN 416209 06-Jun-2018 VEH ID#554 327.58 KWIK MIX MATERIALS LIMITED 416642 20-Jun-2018 MATERIALS 1,665.35 LAFARGE CANADA INC 416428 13-Jun-2018 MATERIALS 903.67 LAFARGE CANADA INC 416643 20-Jun-2018 MATERIALS 1,568.67 LAFARGE CANADA INC 416967 27-Jun-2018 MATERIALS 2,138.19 LAKE AND ASSOCIATES CANADA INC 416968 27-Jun-2018 CONSULTING SERVICES 5,424.00 LALONDE,GARRETT 416210 06-Jun-2018 REFUND 119.54 LAM,DIANE 416969 27-Jun-2018 REFUND 120.83 LAND CARE NIAGARA 416429 13-Jun-2018 MATERIALS 2,600.00 LAURCOAT INC.416644 20-Jun-2018 CONTRACT SERVICES 141.25 LAW CRUSHED STONE 416430 13-Jun-2018 MATERIALS 5,298.07 LAWSON PRODUCTS INC 416211 06-Jun-2018 MATERIALS 1,030.72 LAWSON PRODUCTS INC 416431 13-Jun-2018 MATERIALS 454.13 LAWSON PRODUCTS INC 416645 20-Jun-2018 MATERIALS 263.98 LAWSON PRODUCTS INC 416971 27-Jun-2018 MATERIALS 634.39 LEBEL,DANIEL L 416972 27-Jun-2018 REFUND 63.39 LEDUC,CLAUDE F 416212 06-Jun-2018 REFUND 402.88 LEE,CAMERON 416646 20-Jun-2018 SERVICES 150.00 LEEDS TRANSIT INC 416432 13-Jun-2018 MATERIALS 443.73 LEHOCKI,JOHN 416647 20-Jun-2018 MATERIALS 135.60 LEMIEUX,TEENA 416648 20-Jun-2018 MATERIALS 850.00 LESLIE,ANDREA 416213 06-Jun-2018 GRANT 1,500.00 LEXISNEXIS CANADA INC 416649 20-Jun-2018 MATERIALS 112.61 LIBRARY BOUND INC 416214 06-Jun-2018 MATERIALS 22.74 LICHACH,GARY 416651 20-Jun-2018 MATERIALS 4,520.00 LIDSTER,JACK 416215 06-Jun-2018 SERVICES 250.00 LINCOLN & WELLAND REGIMENTAl ASSOCIATION BAND 416652 20-Jun-2018 MATERIALS 850.00 LINUS HAND PRODUCTIONS 416653 20-Jun-2018 MATERIALS 791.00 LIVINGSTON INTERNATIONAL INC 416216 06-Jun-2018 SERVICES 149.48 LIVINGSTON INTERNATIONAL INC 416434 13-Jun-2018 SERVICES 57.93 LIVINGSTON INTERNATIONAL INC 416974 27-Jun-2018 SERVICES 74.89 LOHO VETZ INC 416975 27-Jun-2018 REFUND 2,160.04 Page 164 of 340 Page 8 of 14 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No.Cheque Date Purpose Amount LONDON REPTILES 416654 20-Jun-2018 MATERIALS 734.50 LONGHURST,JENNIFER 416976 27-Jun-2018 REFUND 145.68 LOOPSTRA NIXON LLP 416217 06-Jun-2018 CONSULTING SERVICES 226.00 LOWE,HEATHER 416218 06-Jun-2018 REFUND 84.12 M&L SUPPLY FIRE AND SAFETY 416670 20-Jun-2018 MATERIALS 186.16 MAD SCIENCE OF NIAGARA 416655 20-Jun-2018 MATERIALS 621.50 MAGIC OF GREG FREWIN 416977 27-Jun-2018 MATERIALS 2,260.00 MANCUSO CHEMICALS LIMITED 416219 06-Jun-2018 MATERIALS 991.44 MANCUSO CHEMICALS LIMITED 416435 13-Jun-2018 MATERIALS 562.07 MANCUSO CHEMICALS LIMITED 416657 20-Jun-2018 MATERIALS 496.86 MANCUSO CHEMICALS LIMITED 416978 27-Jun-2018 MATERIALS 2,175.73 MANOR CLEANERS 416658 20-Jun-2018 MATERIALS 688.04 MANPOWER 416436 13-Jun-2018 CONTRACT SERVICES 2,462.50 MAPLE LEAF COLLISION CENTRE 416220 06-Jun-2018 CONTRACT SERVICES 836.20 MAR-CO CLAY PRODUCTS INC 416659 20-Jun-2018 MATERIALS 2,220.68 MARKEN HOMES & CONSTRUCTION 416221 06-Jun-2018 REFUND 273.53 MARK'S COMMERCIAL 416222 06-Jun-2018 MATERIALS 1,876.69 MARK'S COMMERCIAL 416437 13-Jun-2018 MATERIALS 3,975.60 MARK'S COMMERCIAL 416660 20-Jun-2018 MATERIALS 4,992.56 MARK'S COMMERCIAL 416980 27-Jun-2018 MATERIALS 485.67 MARKS SUPPLY INC 416223 06-Jun-2018 MATERIALS 1,398.04 MARKS SUPPLY INC 416438 13-Jun-2018 MATERIALS 811.62 MARKS SUPPLY INC 416661 20-Jun-2018 MATERIALS 194.54 MARKS SUPPLY INC 416981 27-Jun-2018 MATERIALS 645.13 MARZ,DYLAN 416979 27-Jun-2018 MATERIALS 25.00 MASSI,STEVE 416663 20-Jun-2018 MATERIALS 45.00 MASSOLIN,RON 416982 27-Jun-2018 MATERIALS 25.00 MATTHEWS CAMERON HEYWOOD KERRY T HOWE SURVEYING 416664 20-Jun-2018 MATERIALS 7,373.25 MAURICE,STEVE 416224 06-Jun-2018 TRAVEL/MILEAGE 159.84 MCCOLL BUNDY LIMITED 416983 27-Jun-2018 REFUND 454.75 MCCRIMMON,CHIPEWYAN 416225 06-Jun-2018 MATERIALS 1,500.00 MCDOUGALL,KEVIN MICHAEL 416984 27-Jun-2018 REFUND 135.60 MCEACHERN,LIVIA 416439 13-Jun-2018 TRAVEL/MILEAGE 254.88 MCGEE MARKING DEVICES 416226 06-Jun-2018 MATERIALS 28.25 MCGINN,LISA 416227 06-Jun-2018 REFUND 750.00 MCILROY,TIMOTHY 416665 20-Jun-2018 REFUND 168.94 MCNAMARA,SUSAN 416228 06-Jun-2018 TRAVEL/MILEAGE 40.00 MCNAMARA,SUSAN 416440 13-Jun-2018 TRAVEL/MILEAGE 160.00 MCNEIL MANAGEMENT SERVICES 416229 06-Jun-2018 CONTRACT SERVICES 5,046.00 MECH,KEN 416441 13-Jun-2018 MATERIALS 2,425.91 MERSON,GEORGINA GERALDINE 416986 27-Jun-2018 REFUND 181.40 METAL SUPERMARKETS 416231 06-Jun-2018 MATERIALS 125.75 METAL SUPERMARKETS 416443 13-Jun-2018 MATERIALS 1,231.86 METRO COLLISION SERVICES INC 416667 20-Jun-2018 CONTRACT SERVICES 280.24 METROLAND MEDIA GROUP 416668 20-Jun-2018 ADVERTISING 6,505.41 MIKOLAJEWSKI POWER AND CONTROL CONSULTING ENGINEERING416232 06-Jun-2018 CONTRACT SERVICES 4,836.40 MILLER,RONALD 416445 13-Jun-2018 TRAVEL/MILEAGE 210.00 MILLS,JANA 416233 06-Jun-2018 TRAVEL/MILEAGE 135.00 MILNER,JONATHAN 416444 13-Jun-2018 TRAVEL/MILEAGE 32.18 MINISTRY OF ATTORNEY GENERAL 00157-0006 04-Jun-2018 PAYROLL REMITTANCE 2,893.05 MINISTRY OF ATTORNEY GENERAL 00159-0005 18-Jun-2018 REMITTANCE 2,893.05 MINISTRY OF GOVERNMENT SERVICES 416446 13-Jun-2018 MATERIALS 169.50 MISSISSAUGA BUS COACH & TRUCK REPAIRS INC 416669 20-Jun-2018 STORES/INVENTORY 604.12 MMC BUS DIVISION INC.416447 13-Jun-2018 MATERIALS 2,288.25 MODERN LANDFILL INC 416987 27-Jun-2018 CONTRACT SERVICES 8,907.84 MODUGNO,MARIA 416988 27-Jun-2018 REFUND 750.00 MOHAWK MFG & SUPPLY CO 416234 06-Jun-2018 STORES/INVENTORY 43.66 MOHAWK MFG & SUPPLY CO 416448 13-Jun-2018 STORES/INVENTORY 372.65 MOHAWK MFG & SUPPLY CO 416671 20-Jun-2018 STORES/INVENTORY 2,628.58 MOHAWK MFG & SUPPLY CO 416989 27-Jun-2018 STORES/INVENTORY 54.00 MOLDENHAUER,KATHY 416235 06-Jun-2018 MATERIALS 165.24 MOLDENHAUER,KATHY 416449 13-Jun-2018 MATERIALS 203.75 MONTGOMERY BROS./NORTHLAND SUPPLY 416672 20-Jun-2018 MATERIALS 656.30 MONTGOMERY,THOMAS C 416990 27-Jun-2018 REFUND 150.55 MOONEY,KRISTEN 416991 27-Jun-2018 REFUND 168.28 MOON-MATZ LTD.416992 27-Jun-2018 MATERIALS 6,644.40 MOORE,BRIAN MICHAEL 416673 20-Jun-2018 REFUND 750.00 MOORE,BRYCE 416993 27-Jun-2018 MATERIALS 210.00 MORANDIN,RICHARD ALBINO 416237 06-Jun-2018 REFUND 750.00 MOROCCO,JOYCE 416236 06-Jun-2018 MATERIALS 1,318.07 MORRIS,BETH 416450 13-Jun-2018 MATERIALS 420.00 MORTON,DALE 416674 20-Jun-2018 MATERIALS 41.00 MOTOROLA SOLUTIONS CANADA INC.416994 27-Jun-2018 MATERIALS 96,286.17 MULLER'S WORKWEAR 416995 27-Jun-2018 MATERIALS 335.34 Page 165 of 340 Page 9 of 14 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No.Cheque Date Purpose Amount MUNICIPAL EQUIPMENT 416996 27-Jun-2018 MATERIALS 1,776.81 MURRAY,AMANDA 416238 06-Jun-2018 REFUND 93.77 MUZZI,BRUNO 416451 13-Jun-2018 REFUND 152.13 NACCARATO,GERALD 416997 27-Jun-2018 REFUND 167.72 NAGY,HANYA 416452 13-Jun-2018 PETTY CASH 754.30 NAGY,HANYA 416675 20-Jun-2018 PETTY CASH 229.90 NARSANSKY,JUSTIN 416676 20-Jun-2018 MATERIALS 50.00 NEDEA,TREVOR 416677 20-Jun-2018 MATERIALS 300.00 NEDERMAN CANADA LIMITED 416453 13-Jun-2018 MATERIALS 2,723.19 NELLA CUTLERY (HAMILTON) INC.416239 06-Jun-2018 CONTRACT SERVICES 101.70 NELLA CUTLERY (HAMILTON) INC.416678 20-Jun-2018 CONTRACT SERVICES 135.60 NEXTERRA SUBSTRUCTURES INC 416454 13-Jun-2018 CONTRACT SERVICES 44,559.28 NEXTERRA SUBSTRUCTURES INC 416679 20-Jun-2018 CONTRACT SERVICES 808,787.94 NIACON LIMITED CONSTRUCTION COMPANY 417002 27-Jun-2018 CONTRACT SERVICES 98,789.35 NIAGARA 21 ST GROUP INC 416998 27-Jun-2018 REFUND 1,018.35 NIAGARA BATTERY & TIRE 416240 06-Jun-2018 STORES/INVENTORY 2,377.80 NIAGARA BATTERY & TIRE 416455 13-Jun-2018 STORES/INVENTORY 428.21 NIAGARA BATTERY & TIRE 416680 20-Jun-2018 VEH ID#263 2,830.11 NIAGARA BATTERY & TIRE 416999 27-Jun-2018 STORES/INVENTORY 2,645.77 NIAGARA BAUER SPRING CHALLENGE 416456 13-Jun-2018 GRANT 4,451.97 NIAGARA BLOCK INCORPORATED 417000 27-Jun-2018 MATERIALS 9,666.60 NIAGARA CATHOLIC DISTRICT SCHOOL BOARD 00160-0004 25-Jun-2018 MATERIALS 225.00 NIAGARA CHRYSLER DODGE JEEP 416241 06-Jun-2018 VEH ID#554 864.17 NIAGARA CHRYSLER DODGE JEEP 417001 27-Jun-2018 VEH ID#327 45.09 NIAGARA CUSTOM POWDER COATING INC 416458 13-Jun-2018 MATERIALS 984.23 NIAGARA CUSTOM SIGNS & GRAPHICS 416457 13-Jun-2018 MATERIALS 108.48 NIAGARA DISTRICT AIRPORT COMMISSION 416242 06-Jun-2018 REMITTANCE 130,209.00 NIAGARA DRIVETRAIN CENTRE 416243 06-Jun-2018 MATERIALS 195.38 NIAGARA FALLS ART GALLERY 416681 20-Jun-2018 GRANT 2,250.00 NIAGARA FALLS CONCERT BAND 416682 20-Jun-2018 GRANT 3,600.00 NIAGARA FALLS ELVIS FESTIVAL 416459 13-Jun-2018 MATERIALS 6,375.00 NIAGARA FALLS HUMANE SOCIETY 416244 06-Jun-2018 MATERIALS 13,080.00 NIAGARA FALLS HUMANE SOCIETY 416683 20-Jun-2018 MATERIALS 45,351.83 NIAGARA FALLS LAWN BOWLING CLUB 416684 20-Jun-2018 GRANT 1,140.00 NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC 00157-0007 04-Jun-2018 PAYROLL REMITTANCE 31,128.88 NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC 00159-0006 18-Jun-2018 REMITTANCE 16,045.56 NIAGARA FALLS PUBLIC LIBRARY 416461 13-Jun-2018 PETTY CASH 1,442.85 NIAGARA FALLS TOURISM ASSOCIATION 416685 20-Jun-2018 GRANT 30,000.00 NIAGARA FALLS VOLUNTEER STATION 6 416460 13-Jun-2018 MATERIALS 222.04 NIAGARA FITNESS SOLUTIONS 416686 20-Jun-2018 MATERIALS 452.00 NIAGARA METER SERVICES INC.416245 06-Jun-2018 CONTRACT SERVICES 5,735.60 NIAGARA METER SERVICES INC.416688 20-Jun-2018 CONTRACT SERVICES 5,555.70 NIAGARA MILITAIRES ALUMNI DRUM CORPS 416687 20-Jun-2018 MATERIALS 1,000.00 NIAGARA ON THE LAKE HYDRO INC 417003 27-Jun-2018 UTILITIES 142.34 NIAGARA PARKS COMMISSION 416462 13-Jun-2018 MATERIALS 19,553.52 NIAGARA PARKS COMMISSION 417004 27-Jun-2018 MATERIALS 691.56 NIAGARA PENINSULA AMATEUR RADIO CLUB 416690 20-Jun-2018 MATERIALS 100.00 NIAGARA PENINSULA ENERGY INC 416246 06-Jun-2018 UTILITIES 11,141.95 NIAGARA PENINSULA ENERGY INC 416463 13-Jun-2018 UTILITIES 5,807.73 NIAGARA PENINSULA ENERGY INC 416689 20-Jun-2018 UTILITIES 2,161.05 NIAGARA PENINSULA ENERGY INC 417005 27-Jun-2018 UTILITIES 11,502.30 NIAGARA PINES DEVELOPMENTS LTD 416247 06-Jun-2018 REFUND 1,000.00 NIAGARA REGIONAL BROADBAND NETWORK 417006 27-Jun-2018 SERVICES 37,212.26 NIAGARA REGIONAL POLICE SERVICE 416464 13-Jun-2018 MATERIALS 50.00 NIAGARA RIVER TRADING COMPANY 416694 20-Jun-2018 MATERIALS 67.80 NIAGARA ROADS SUPERVISORS ASSOCIATION 416691 20-Jun-2018 MATERIALS 175.00 NIAGARA SPRING SERVICE LTD 417007 27-Jun-2018 VEH ID#572 415.28 NIAGARA THIS WEEK 417008 27-Jun-2018 ADVERTISING 920.95 NIAGARA WATER CONDITIONING LTD 416692 20-Jun-2018 MATERIALS 99.44 NIAGARA WATER CONDITIONING LTD 417009 27-Jun-2018 CONTRACT SERVICES 146.90 NIOMA 417010 27-Jun-2018 MATERIALS 200.00 NOBLE CORPORATION 416693 20-Jun-2018 MATERIALS 708.44 NORTRAX CANADA INC.416465 13-Jun-2018 MATERIALS 931.12 O'CONNOR,PAT 416466 13-Jun-2018 MATERIALS 175.00 ONOFRIO,CARL DAVID 416695 20-Jun-2018 MATERIALS 210.00 ONTARIO ASSOCIATION OF FIRE CHIEFS 416249 06-Jun-2018 MEMBERSHIP 288.15 ONTARIO BUILDING OFFICIALS ASSOCIATION 416467 13-Jun-2018 MATERIALS 515.19 ONTARIO ENVIRONMENTAL & SAFETY NETWORK LTD 417012 27-Jun-2018 CONTRACT SERVICES 10,492.05 ONTARIO MUNICIPAL MANAGEMENT INSTITUTE 416696 20-Jun-2018 MEMBERSHIP 145.00 ONTARIO ONE CALL 417011 27-Jun-2018 CONTRACT SERVICES 1,033.14 ONTARIO TAX SALES INC 417013 27-Jun-2018 MATERIALS 762.75 O'REILLY,PATRICIA 416250 06-Jun-2018 REFUND 428.18 ORKIN CANADA CORPORATION 416251 06-Jun-2018 MATERIALS 158.77 PAGE,JENNIFER MAY 416468 13-Jun-2018 GRANT 4,310.75 Page 166 of 340 Page 10 of 14 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No.Cheque Date Purpose Amount PALDUS,RYAN 416697 20-Jun-2018 MATERIALS 50.00 PARADISAEA AERIAL DANCE 416699 20-Jun-2018 MATERIALS 200.00 PARADISE POOLS 416252 06-Jun-2018 MATERIALS 100.34 PARADISE POOLS 416469 13-Jun-2018 MATERIALS 515.01 PARADISE POOLS 416698 20-Jun-2018 MATERIALS 1,276.10 PARADISE POOLS 417014 27-Jun-2018 MATERIALS 284.76 PARKER,GABRIEL 416253 06-Jun-2018 MATERIALS 1,500.00 PARSONS INC 416470 13-Jun-2018 MATERIALS 29,285.51 PARTY CONNECTION 417015 27-Jun-2018 MATERIALS 824.90 PASSERO,SUSAN 416471 13-Jun-2018 MATERIALS 90.00 PAUL DRAY LEGAL SERVICES 417016 27-Jun-2018 MATERIALS 1,716.19 PAULINE RESSLER 416800 20-Jun-2018 REFUND 35,000.00 PAVLIOGLU,VASILE 416254 06-Jun-2018 REFUND 750.00 PENNER BUILDING CENTRE 416472 13-Jun-2018 MATERIALS 1,228.86 PENNER BUILDING CENTRE 416700 20-Jun-2018 MATERIALS 171.43 PERKINS,JUDY 416255 06-Jun-2018 REFUND 305.87 PETROV,RADOSLAV 417017 27-Jun-2018 REFUND 5,336.83 PHELAN,KELLY 416256 06-Jun-2018 MATERIALS 1,500.00 PIETRANGELO,NICHOLAS 416257 06-Jun-2018 TRAVEL/MILEAGE 37.80 PINERIDGE TREE SERVICE LTD 416473 13-Jun-2018 CONTRACT SERVICES 16,597.44 PINERIDGE TREE SERVICE LTD 416701 20-Jun-2018 CONTRACT SERVICES 12,051.45 PINEWOOD HOMES (NIAGARA) LTD 416258 06-Jun-2018 REFUND 77.34 PINEWOOD HOMES (NIAGARA) LTD 417018 27-Jun-2018 REFUND 13.39 PK HUMMINGBIRD 416702 20-Jun-2018 MATERIALS 650.00 PLANTE,JOSEPH BRYCE 416259 06-Jun-2018 REFUND 750.00 PLAYPOWER LT CANADA INC 416260 06-Jun-2018 MATERIALS 47,402.12 PMC MECHANICAL 416703 20-Jun-2018 REFUND 500.00 POLARON SOLARTECH CORP.416261 06-Jun-2018 REFUND 500.00 PORTAGE ROAD HOLDINGS LIMITED 417019 27-Jun-2018 REFUND 2,004.23 PRAXAIR 416262 06-Jun-2018 MATERIALS 251.44 PRAXAIR 416704 20-Jun-2018 MATERIALS 350.56 PRECISION CURB CUTTING LTD 416705 20-Jun-2018 MATERIALS 2,549.83 PREMIER EQUIPMENT LTD 416474 13-Jun-2018 VEH ID#224/257 213.90 PREMIER EQUIPMENT LTD 416706 20-Jun-2018 MATERIALS 390.98 PREMIER TRUCK GROUP 416263 06-Jun-2018 MATERIALS 933.34 PREMIER TRUCK GROUP 416475 13-Jun-2018 MATERIALS 381.85 PREVOST 416264 06-Jun-2018 STORES/INVENTORY 2,953.23 PREVOST 416476 13-Jun-2018 STORES/INVENTORY 4,711.09 PREVOST 416707 20-Jun-2018 STORES/INVENTORY 3,714.35 PREVOST 417020 27-Jun-2018 STORES/INVENTORY 391.66 PRIMARY CARE NIAGARA - NIAGARA FALLS 416708 20-Jun-2018 MATERIALS 3,060.00 PRINTING HOUSE LTD 416265 06-Jun-2018 MATERIALS 98.19 PRINTING HOUSE LTD 416709 20-Jun-2018 MATERIALS 665.75 PRINTING HOUSE LTD 417021 27-Jun-2018 MATERIALS 2,037.06 PRO BATTERY SHOPS 416710 20-Jun-2018 MATERIALS 1,135.88 PROFORMA 416711 20-Jun-2018 MATERIALS 4,387.99 PROJECT SHARE 416712 20-Jun-2018 GRANT 24,866.67 PROLOGUE TO THE PERFORMING ARTS 416713 20-Jun-2018 MATERIALS 1,171.60 PROPERTY REHAB 416714 20-Jun-2018 REFUND 500.00 PROVINCIAL CONSTRUCTION (NIAGARA FALLS) LTD 416477 13-Jun-2018 CONTRACT SERVICES 372.09 PUCKETT,SAM 416715 20-Jun-2018 MATERIALS 50.00 PUROLATOR INC 416478 13-Jun-2018 COURIER 108.06 PUROLATOR INC 416716 20-Jun-2018 COURIER 400.37 PYRAMID TRAFFIC INC 416717 20-Jun-2018 MATERIALS 9,282.95 PYRAMID TRAFFIC INC 417022 27-Jun-2018 CONTRACT SERVICES 12,689.90 QRX TECHNOLOGY GROUP/KERR NORTON 416266 06-Jun-2018 SERVICES 402.62 QRX TECHNOLOGY GROUP/KERR NORTON 417023 27-Jun-2018 SERVICES 62.15 R J SMITH EQUIPMENT INC 416484 13-Jun-2018 MATERIALS 1,536.80 R J SMITH EQUIPMENT INC 416724 20-Jun-2018 MATERIALS 2,034.00 R J SMITH EQUIPMENT INC 417031 27-Jun-2018 MATERIALS 949.20 R W HAMILTON LTD.416725 20-Jun-2018 MATERIALS 206.74 R W HAMILTON LTD.417040 27-Jun-2018 MATERIALS 1,300.70 R. STASIAK ENGINEERING INC 417037 27-Jun-2018 CONTRACT SERVICES 678.00 RACO AUTO SUPPLY LTD 416267 06-Jun-2018 STORES/INVENTORY 1,317.41 RACO AUTO SUPPLY LTD 416479 13-Jun-2018 STORES/INVENTORY 15.91 RACO AUTO SUPPLY LTD 416718 20-Jun-2018 STORES/INVENTORY 824.30 RACO AUTO SUPPLY LTD 417024 27-Jun-2018 STORES/INVENTORY 833.21 RADIC,MATILID 417025 27-Jun-2018 REFUND 2.26 RANKIN CONSTRUCTION INC 416268 06-Jun-2018 CONTRACT SERVICES 1,084,361.03 RBC 416270 06-Jun-2018 REFUND 124.90 RBC 417026 27-Jun-2018 REFUND 137.45 RBC LIFE INSURANCE COMPANY 416269 06-Jun-2018 REMITTANCE 1,968.94 RECEIVER GENERAL 416481 13-Jun-2018 REMITTANCE 545,606.57 RECEIVER GENERAL 417027 27-Jun-2018 REMITTANCE 600,369.63 Page 167 of 340 Page 11 of 14 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No.Cheque Date Purpose Amount RED TRAC INTERNATIONAL A DIVISION OF D&W GROUP INC.416271 06-Jun-2018 MATERIALS 859.53 REFRIGERATION ENERGY SOLUTIONS LTD 416272 06-Jun-2018 CONTRACT SERVICES 11,655.61 REFRIGERATION ENERGY SOLUTIONS LTD 416482 13-Jun-2018 CONTRACT SERVICES 2,883.06 REFRIGERATION ENERGY SOLUTIONS LTD 416720 20-Jun-2018 CONTRACT SERVICES 45,032.47 REFRIGERATION ENERGY SOLUTIONS LTD 417028 27-Jun-2018 CONTRACT SERVICES 1,133.02 REGIONAL MUNICIPALITY OF NIAGARA 00157-0008 04-Jun-2018 ADVERTISING 59,364.33 REGULAR,ADAM 416273 06-Jun-2018 REFUND 260.00 REID,JONATHON 416483 13-Jun-2018 REFUND 750.00 RICARDO,JORGE 416721 20-Jun-2018 MATERIALS 135.60 RICHARD CROSSMAN ENTERPRISES 416274 06-Jun-2018 MATERIALS 226.00 RICOH CANADA INC 416722 20-Jun-2018 SERVICES 8,599.51 RIDLEY & ASSOCIATES APPRAISAL SERVICES LIMITED 417029 27-Jun-2018 MATERIALS 2,228.36 RIOCAN HOLDINGS INC.416723 20-Jun-2018 LEASES AND RENTS 3,209.62 RIVER REALTY DEVELOPMENT (1976) INC 417030 27-Jun-2018 REFUND 2,111.83 RIVET,AMALIA 416275 06-Jun-2018 REFUND 750.00 ROBBINS,RICHARD 416485 13-Jun-2018 TRAVEL/MILEAGE 160.00 ROBERTO,ADRIAN 417032 27-Jun-2018 MATERIALS 200.00 ROCHESTER MIDLAND CANADA CORPORATION 417033 27-Jun-2018 CONTRACT SERVICES 347.40 ROCKE CONTRACTING 416276 06-Jun-2018 REFUND 750.00 ROGERS WIRELESS INC 416486 13-Jun-2018 CONTRACT SERVICES 4,197.80 ROMEO,ANTONIO 417034 27-Jun-2018 REFUND 636.46 RONALD C. ELLENS APPRAISALS INC 417035 27-Jun-2018 MATERIALS 2,110.30 RONTO,DAVID 417036 27-Jun-2018 REFUND 62.17 ROWAN,FREDERICK 416277 06-Jun-2018 REFUND 750.00 RUCH,BRANDON 417038 27-Jun-2018 MATERIALS 50.00 RUSSELL TECHNICAL SERVICES INC 416487 13-Jun-2018 MATERIALS 1,130.00 RUZYLO,HEATHER 417039 27-Jun-2018 TRAVEL/MILEAGE 59.40 RZEWINSKI,BOGDAN 417041 27-Jun-2018 REFUND 750.00 SACCO CONSTRUCTION LTD 416726 20-Jun-2018 CONTRACT SERVICES 38,029.33 SAFE STOR RECORDS MANAGEMENT 417043 27-Jun-2018 MATERIALS 392.11 SAFETY-KLEEN CANADA INC 416279 06-Jun-2018 MATERIALS 1,963.90 SAFETY-KLEEN CANADA INC 416727 20-Jun-2018 MATERIALS 113.00 SAFETY-KLEEN CANADA INC 417042 27-Jun-2018 MATERIALS 3,194.99 SAINT-GOBAIN CANADA INC 417044 27-Jun-2018 REFUND 2,710.05 SANCHEZ,CHICO 416728 20-Jun-2018 MATERIALS 25.00 SANI GEAR 416729 20-Jun-2018 MATERIALS 4,532.88 SAPEZINSKAS,CHRIS 416730 20-Jun-2018 MATERIALS 500.00 SAUDER,ERIN 416731 20-Jun-2018 MATERIALS 300.00 SCHMALZ,MONICA 416733 20-Jun-2018 SERVICES 250.00 SCHROEDER,KIMBERLY& SCHROEDER, FRANK 416732 20-Jun-2018 REFUND 750.00 SCOTIABANK CONVENTION CENTRE 416488 13-Jun-2018 MATERIALS 706.25 SCOTT BEST SEWER SERVICES 417045 27-Jun-2018 CONTRACT SERVICES 508.50 SCOTT CONSTRUCTION NIAGARA INC 417046 27-Jun-2018 CONTRACT SERVICES 54,863.96 SEALER WORKS INC.416281 06-Jun-2018 MATERIALS 527.31 SEALER WORKS INC.416735 20-Jun-2018 MATERIALS 7,403.56 SEALER WORKS INC.417047 27-Jun-2018 CONTRACT SERVICES 5,430.78 SEARCH AND RESCUE NIAGARA 416736 20-Jun-2018 MATERIALS 200.00 SEAWAY FLUID POWER GROUP 416280 06-Jun-2018 MATERIALS 11.37 SEAWAY FLUID POWER GROUP 416734 20-Jun-2018 CONTRACT SERVICES 637.56 SEHDEV,JYOTI SETHI 416737 20-Jun-2018 MATERIALS 300.00 SEIBEL,EMILY 416738 20-Jun-2018 MATERIALS 50.00 SEIBEL,KEN 416739 20-Jun-2018 MATERIALS 50.00 SENIORS REVIEW 416489 13-Jun-2018 COURIER 813.60 SENKERIK FIRE PROTECTION 416282 06-Jun-2018 MATERIALS 3,831.83 SENKERIK FIRE PROTECTION 416740 20-Jun-2018 CONTRACT SERVICES 282.41 SERVICEMASTER CLEAN OF NIAGARA 417048 27-Jun-2018 CONTRACT SERVICES 18,540.25 SEYMOUR,COLIN 416741 20-Jun-2018 REFUND 200.00 SHARP,KALLEIGH 417049 27-Jun-2018 REFUND 52.56 SHEEHAN ARBITRATION MEDIATION SERVICES 417050 27-Jun-2018 MATERIALS 1,618.75 SHERIFF OF REG. MUN. OF NIAGARA AT WELLAND 416490 13-Jun-2018 REMITTANCE 390.86 SHERIFF OF REG. MUN. OF NIAGARA AT WELLAND 417051 27-Jun-2018 REMITTANCE 419.98 SHOAIB,MUHAMMAD 417052 27-Jun-2018 REFUND 2,500.00 SHRED IT INTERNATIONAL ULC 416283 06-Jun-2018 CONTRACT SERVICES 315.32 SHS CONSULTING 417053 27-Jun-2018 MATERIALS 3,390.00 SID GRABELL CONTRACTING LTD 416491 13-Jun-2018 MATERIALS 17,198.20 SID GRABELL CONTRACTING LTD 417054 27-Jun-2018 MATERIALS 1,328.16 SIGNATURE SIGNS 416492 13-Jun-2018 MATERIALS 960.50 SIGNATURE SIGNS 416743 20-Jun-2018 MATERIALS 3,739.74 SILVERGATE HOMES 416493 13-Jun-2018 REFUND 588.30 SIMPLISTIC LINES INC 416284 06-Jun-2018 MATERIALS 874.82 SIMPLISTIC LINES INC 416744 20-Jun-2018 MATERIALS 2,341.70 SINKOWSKI,JESSICA 416745 20-Jun-2018 PETTY CASH 482.30 SIRIANNI,PATRICK 416746 20-Jun-2018 GRANT 1,500.00 SLEEK DEVELOPMENTS INC.417055 27-Jun-2018 REFUND 2,473.51 Page 168 of 340 Page 12 of 14 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No.Cheque Date Purpose Amount SLOAN,KORI& LUKACS, TIMOTHY 416285 06-Jun-2018 REFUND 117.61 SMALL,MELANIE 416494 13-Jun-2018 REFUND 750.00 SMITH,TAMARA 417056 27-Jun-2018 REFUND 210.71 SNAP ON TOOLS OF CANADA LTD 416495 13-Jun-2018 MATERIALS 45.29 SNAPD NIAGARA FALLS 417057 27-Jun-2018 ADVERTISING 333.35 SOCAN 416496 13-Jun-2018 MATERIALS 138.99 SOLOMON,MEGAN 416286 06-Jun-2018 REFUND 98.65 SPENCER,JULIE DIANA JANESTA 417058 27-Jun-2018 REFUND 750.00 SQUARE ROOTS RESTORATION AND CARPENTRY 416497 13-Jun-2018 CONTRACT SERVICES 11,300.00 ST JOHN AMBULANCE 416755 20-Jun-2018 MATERIALS 200.00 ST JOHN AMBULANCE 416756 20-Jun-2018 GRANT 38,228.75 ST JOHN AMBULANCE 416757 20-Jun-2018 GRANT 2,741.67 STAMFORD CENTRE VOLUNTEER FIREMEN'S ASSOCIATION 416751 20-Jun-2018 GRANT 20,000.00 STAMFORD COLLEGIATE 417059 27-Jun-2018 REFUND 112.00 STAMFORD HOME HARDWARE 416498 13-Jun-2018 MATERIALS 219.13 STAMFORD HOME HARDWARE 416750 20-Jun-2018 MATERIALS 160.38 STAMFORD LIONS CLUB INC 416749 20-Jun-2018 GRANT 2,000.00 STANCO SIGNS INC.417060 27-Jun-2018 MATERIALS 198.32 STAPLES ADVANTAGE 416287 06-Jun-2018 STORES/INVENTORY 1,265.47 STAPLES ADVANTAGE 416752 20-Jun-2018 STORES/INVENTORY 902.74 STAPLES ADVANTAGE 417061 27-Jun-2018 STORES/INVENTORY 1,673.95 STAR TILE CENTRE LIMITED 416753 20-Jun-2018 MATERIALS 3,979.18 STEVENSVILLE LAWN SERVICE INC 416499 13-Jun-2018 CONTRACT SERVICES 45,735.24 STEVENSVILLE LAWN SERVICE INC 416754 20-Jun-2018 CONTRACT SERVICES 31,179.98 STOKES INTERNATIONAL 416288 06-Jun-2018 MATERIALS 151.02 STONIER,DEREK 416758 20-Jun-2018 MATERIALS 250.00 STORAGE NIAGARA 416289 06-Jun-2018 MATERIALS 192.10 STORAGE NIAGARA 416501 13-Jun-2018 MATERIALS 245.83 STORAGE NIAGARA 417062 27-Jun-2018 MATERIALS 751.45 STOUT,CARLA 416500 13-Jun-2018 TRAVEL/MILEAGE 48.06 STRANGE,MIKE 416290 06-Jun-2018 MATERIALS 726.53 SUN LIFE ASSURANCE COMPANY OF CANADA 00159-0007 18-Jun-2018 REMITTANCE 444,790.43 SUNCOR ENERGY PRODUCTS PARTNERSHIP 416291 06-Jun-2018 FUEL 58,422.95 SUNCOR ENERGY PRODUCTS PARTNERSHIP 416502 13-Jun-2018 FUEL 68,579.36 SUNCOR ENERGY PRODUCTS PARTNERSHIP 416759 20-Jun-2018 FUEL 58,502.54 SUNCOR ENERGY PRODUCTS PARTNERSHIP 417063 27-Jun-2018 FUEL 67,570.52 SUPERIOR FOOD SERVICE 417064 27-Jun-2018 MATERIALS 401.84 SUPERIOR LAUNDRY SERVICE LTD.416293 06-Jun-2018 CONTRACT SERVICES 170.07 SUPERIOR LAUNDRY SERVICE LTD.416503 13-Jun-2018 CONTRACT SERVICES 120.35 SUPERIOR LAUNDRY SERVICE LTD.416761 20-Jun-2018 CONTRACT SERVICES 184.20 SUPERIOR PROPANE 416292 06-Jun-2018 MATERIALS 149.74 SUPERIOR PROPANE 416760 20-Jun-2018 MATERIALS 37.58 SURREY CONSTRUCTION INC 417065 27-Jun-2018 REMITTANCE 187,944.77 SUTPHEN CORPORATION US DRAFT 14-Jun-2018 MATERIALS 274.19 SWAIN,HENRY ALEXANDER 417066 27-Jun-2018 REFUND 55.97 TALK WIRELESS INC 416504 13-Jun-2018 MATERIALS 129.95 TALK WIRELESS INC 417067 27-Jun-2018 CONTRACT SERVICES 1,427.05 TAXITAB 416762 20-Jun-2018 CONTRACT SERVICES 7,729.42 TAYLOR,JENELL& TAYLOR, DUSTIN 416763 20-Jun-2018 REFUND 131.83 TAYLORS WATER SERVICE 417068 27-Jun-2018 MATERIALS 225.00 TCHANG,COLIN 416294 06-Jun-2018 MATERIALS 1,500.00 TENAQUIP LIMITED 416505 13-Jun-2018 MATERIALS 176.73 TENAQUIP LIMITED 416764 20-Jun-2018 MATERIALS 1,915.27 TERANET INC 416295 06-Jun-2018 REMITTANCE 10,000.00 TERREBERRY,SUSAN E 416506 13-Jun-2018 REFUND 5.00 TES INFORMATION TECHNOLOGIES 417069 27-Jun-2018 SERVICES 3,573.51 THE TRUCK TOPPERS 416296 06-Jun-2018 MATERIALS 117.47 THE WEDDING COMPANY OF NIAGARA/PRESTIGE LIMOUSINE SERVICES416309 06-Jun-2018 REFUND 750.00 THOMPSON,JEFF 416297 06-Jun-2018 MATERIALS 150.00 THOMSON REUTERS CANADA 416298 06-Jun-2018 MATERIALS 40.32 THOMSON REUTERS CANADA 416507 13-Jun-2018 MATERIALS 1,574.48 THOROWEST PLAZA LTD 417070 27-Jun-2018 REFUND 5,624.60 THYSSENKRUPP ELEVATOR (CANADA) LIMITED 416508 13-Jun-2018 CONTRACT SERVICES 1,776.20 TIAN,XIA 417071 27-Jun-2018 REFUND 750.00 TIM HORTONS STORE #30 416766 20-Jun-2018 MATERIALS 268.95 TOBY,SHADDI 417072 27-Jun-2018 REFUND 142.63 TODD,KEN 416767 20-Jun-2018 MATERIALS 1,821.76 TOP HAT MARCHING ORCHESTRA 416768 20-Jun-2018 MATERIALS 3,000.00 TOPLIFFE,JEANETTE 416769 20-Jun-2018 MATERIALS 118.73 TOROMONT CAT 416299 06-Jun-2018 MATERIALS 4,243.90 TOROMONT CAT 416509 13-Jun-2018 MATERIALS 4,195.89 TOROMONT CAT 416770 20-Jun-2018 MATERIALS 1,190.65 TOROMONT CAT 417073 27-Jun-2018 MATERIALS 3,317.01 TORONTO STAMP INC 416300 06-Jun-2018 MATERIALS 58.42 Page 169 of 340 Page 13 of 14 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No.Cheque Date Purpose Amount TRADE A DOLLAR INC 417074 27-Jun-2018 REFUND 1,860.16 TRANSAXLE PARTS (HAMILTON) INC.416510 13-Jun-2018 STORES/INVENTORY 467.82 TRANSAXLE PARTS (HAMILTON) INC.416771 20-Jun-2018 STORES/INVENTORY 1,776.36 TRANSAXLE PARTS (HAMILTON) INC.417075 27-Jun-2018 STORES/INVENTORY 1,533.41 TRENCHLESS UTILITY EQUIPMENT INC 416772 20-Jun-2018 MATERIALS 5,120.03 TRIMARCHI,PATRICIA 417076 27-Jun-2018 MATERIALS 110.16 TUDINI,SELENE 417077 27-Jun-2018 MATERIALS 112.99 TURF CARE PRODUCTS CANADA LIMITED 416301 06-Jun-2018 MATERIALS 35.31 TURF CARE PRODUCTS CANADA LIMITED 417078 27-Jun-2018 MATERIALS 2,456.30 TWARDAWSKY,NICK 416302 06-Jun-2018 TRAVEL/MILEAGE 120.96 TYPHON GROUP LTD 417079 27-Jun-2018 REFUND 1,157.15 UNIFIRST CANADA LTD 416303 06-Jun-2018 MATERIALS 101.43 UNIFIRST CANADA LTD 416511 13-Jun-2018 MATERIALS 1,308.36 UNITED WAY 417080 27-Jun-2018 REMITTANCE 925.00 UNTANGLED DIGITAL 416773 20-Jun-2018 MATERIALS 1,356.00 UPPER CANADA CONSULTANTS 416512 13-Jun-2018 MATERIALS 27,674.77 UPS CANADA 416774 20-Jun-2018 COURIER 94.33 UPS CANADA 417081 27-Jun-2018 COURIER 172.77 VACCA,OLIVIA 416775 20-Jun-2018 MATERIALS 50.00 VALUE MUFFLER & BRAKE CENTRE 416513 13-Jun-2018 VEH ID#568 80.90 VALUE MUFFLER & BRAKE CENTRE 417082 27-Jun-2018 MATERIALS 114.63 VAN HOUTTE COFFEE SERVICES INC 416776 20-Jun-2018 MATERIALS 250.29 VAN VEEN,JAYDON 416514 13-Jun-2018 MATERIALS 150.00 VECCHIO ORNAMENTAL IRON LIMITED 417083 27-Jun-2018 REFUND 358.85 VIKING CIVES LTD 416304 06-Jun-2018 MATERIALS 195.40 VIKING CIVES LTD 416777 20-Jun-2018 MATERIALS 1,143.07 VILLAMIZAR,MARIO 416305 06-Jun-2018 MATERIALS 40.37 VOITH TURBO 416778 20-Jun-2018 STORES/INVENTORY 1,320.45 VOKEY,JEREMEY 416779 20-Jun-2018 MATERIALS 238.38 VOLPE,MINA 417084 27-Jun-2018 REFUND 209.00 W H REYNOLDS CAMBRIDGE LTD 416311 06-Jun-2018 MATERIALS 2,763.85 W H REYNOLDS CAMBRIDGE LTD 416787 20-Jun-2018 MATERIALS 1,209.73 WACHS CANADA LTD 416306 06-Jun-2018 MATERIALS 171.03 WAKUNICK,JAMES 417085 27-Jun-2018 MATERIALS 273.24 WALKER AGGREGATES INC 416307 06-Jun-2018 MATERIALS 1,370.08 WALKER AGGREGATES INC 416517 13-Jun-2018 MATERIALS 1,317.74 WALKER AGGREGATES INC 416780 20-Jun-2018 MATERIALS 1,582.35 WALKERTON CLEAN WATER CENTRE 416515 13-Jun-2018 TRAINING 2,870.00 WALSH,JOHN 416518 13-Jun-2018 TRAVEL/MILEAGE 230.00 WALSH,KATHLEEN 416516 13-Jun-2018 REFUND 200.00 WARD,JOHN 416781 20-Jun-2018 MATERIALS 83.91 WASTE MANAGEMENT OF CANADA CORPORATION 416308 06-Jun-2018 MATERIALS 261.10 WATERS,SHELLY 416782 20-Jun-2018 REFUND 100.87 WATSON,DANIELLE 417086 27-Jun-2018 REFUND 83.86 WEB WORLD CONSULTING.NET INC 416783 20-Jun-2018 MATERIALS 250.00 WEESTREEM 417087 27-Jun-2018 SERVICES 1,017.00 WEINMANN LIMITED 417088 27-Jun-2018 CONTRACT SERVICES 43,452.07 WELLER,DIANE 416519 13-Jun-2018 REFUND 141.25 WERNER'S TREE SPADE 417089 27-Jun-2018 MATERIALS 282.50 WESCO DISTRIBUTION CANADA INC 416784 20-Jun-2018 MATERIALS 98.31 WHEELER,SETH 416520 13-Jun-2018 MATERIALS 150.00 WHITE,REBECCA 416785 20-Jun-2018 MATERIALS 280.00 WHITEHOTS INC.416310 06-Jun-2018 MATERIALS 10,625.20 WHITEHOTS INC.416521 13-Jun-2018 MATERIALS 3,494.91 WHITEHOTS INC.416786 20-Jun-2018 MATERIALS 1,141.39 WHYTE,BRIAN& WHYTE, JOANNA 416312 06-Jun-2018 REFUND 169.54 WILLIAMS,JUSTINE ANNETTE 417090 27-Jun-2018 REFUND 141.25 WILSON,JESSICA 416313 06-Jun-2018 MATERIALS 210.00 WINTER FESTIVAL OF LIGHTS 416788 20-Jun-2018 GRANT 28,500.00 WIRTH,BRENT 416789 20-Jun-2018 SERVICES 50.00 WOMEN'S PLACE OF SOUTH NIAGARA INC 416790 20-Jun-2018 GRANT 1,612.50 WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTIONS 416314 06-Jun-2018 MATERIALS 5,907.08 WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTIONS 416522 13-Jun-2018 MATERIALS 1,083.94 WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTIONS 417092 27-Jun-2018 MATERIALS 8,254.09 WOOD,RON 416792 20-Jun-2018 MATERIALS 40.00 WOOD,TYLER 417093 27-Jun-2018 MATERIALS 112.42 WOODHEAD,ROBERT 416791 20-Jun-2018 MATERIALS 70.04 WOOLLEY,DEAN 417091 27-Jun-2018 REFUND 180.05 WORK AUTHORITY 416523 13-Jun-2018 MATERIALS 888.12 WORK AUTHORITY 416793 20-Jun-2018 MATERIALS 450.00 WSIB 416524 13-Jun-2018 REMITTANCE 89,739.76 WSIB 416525 13-Jun-2018 REMITTANCE 1,118.41 WSIB 416794 20-Jun-2018 REMITTANCE 32,073.76 WSIB 417094 27-Jun-2018 REMITTANCE 4,477.48 Page 170 of 340 Page 14 of 14 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No.Cheque Date Purpose Amount WSP CANADA GROUP LIMITED 416315 06-Jun-2018 MATERIALS 2,935.88 WSP CANADA GROUP LIMITED 416526 13-Jun-2018 MATERIALS 3,391.13 WSP CANADA GROUP LIMITED 417095 27-Jun-2018 MATERIALS 72,207.00 WULTCHYN,ROSE 417096 27-Jun-2018 REFUND 1,719.28 X INFUSED EVENTS INC 416796 20-Jun-2018 MATERIALS 1,469.00 XCG CONSULTING LIMITED 416795 20-Jun-2018 MATERIALS 4,678.20 XCG CONSULTING LIMITED 417097 27-Jun-2018 MATERIALS 86,097.20 XPLORNET COMMUNICATIONS INC 416316 06-Jun-2018 SERVICES 96.04 YASH INVESTMENTS INC 416317 06-Jun-2018 REFUND 20,000.00 YELLOW PAGES GROUP 417098 27-Jun-2018 ADVERTISING 530.49 YMCA OF NIAGARA 416318 06-Jun-2018 MATERIALS 11,964.01 YMCA OF NIAGARA 416527 13-Jun-2018 MATERIALS 2,698.87 YMCA OF NIAGARA 417099 27-Jun-2018 MATERIALS 2,044.73 YWCA 416798 20-Jun-2018 GRANT 4,277.75 ZAMBONI COMPANY LTD 416319 06-Jun-2018 MATERIALS 583.65 ZARRA,LUCY 416320 06-Jun-2018 REFUND 130.76 ZAVITZ,SHERMAN 416799 20-Jun-2018 GRANT 1,500.00 ZEE B.B.Q. HUT INC 417100 27-Jun-2018 REFUND 1,250.00 ZHANG,GUANGLI 416321 06-Jun-2018 TRAVEL/MILEAGE 351.61 ZHOU,HONG 416322 06-Jun-2018 REFUND 161.62 Total 8,240,905.01 Page 171 of 340 F-2018-27 July 10, 2018 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Finance SUBJECT: F-2018-27 Niagara Regional Housing (NRH) Property Tax Exemption RECOMMENDATION That the Niagara Region be advised that the City of Niagara Falls supports the following option (Scenario 4): Not exempting NRH properties from taxation, but instead increasing the NRH and Region’s levy by an amount equal to the tax rate increase under scenario 3 resulting in an additional $2,024,041 in additional funding for NRH and an increase in the Region’s tax rate of 0.63%, not affecting the local municipal tax rates at all. EXECUTIVE SUMMARY The purpose of this discussion is to explore alternatives to increase funding for affordable housing, and is consistent with Regional Council’s goal of reducing social housing waitlists. Additional funding for NRH would create opportunities to support the creation of new/additional affordable housing units. Increasing the number of units should have the effect of reducing the social housing wait list in Niagara. BACKGROUND At the meeting of October 19, 2016, the Corporate Services Committee of the Niagara Region considered report CSD 36-2016 Niagara Regional Housing Property Tax Exemption Analysis (attached) with the decision of the Committee to defer this report to be back at the discretion of the Chief Administrative Officer. At the meeting of January 31, 2018, the Corporate Services Committee of the Niagara Region reconsidered report CSD 36-2016 Niagara Regional Housing Property Tax Exemption Analysis which looks at the option of an exemption of NRH owned units from property taxation as a means to provide sustainable incremental funding for NRH. Specifically, CSD 36-2016 discusses several scenarios developed by Niagara Region staff illustrating ways in which NRH owned units’ property taxation could be eliminated or reduced which in turn would allow that portion of NRH’s budget used to pay property taxes to be repurposed to other NRH service requirements. Page 172 of 340 2 F-2018-27 July 10, 2018 ANALYSIS/RATIONALE NRH owned units must be designated as municipal capital facilities in order to be exempt from the Regional (General Levy and Waste), Municipal and Provincial Education taxes. An exemption of NRH properties would result in a redistribution of taxes among the rest of the tax base, impacting all property owners and the Local Area Municipalities (LAM). NRH paid property taxes in 2016 as follows: Municipality Taxation Source LAM Waste Region Education Total Fort Erie 99,576 10,820 88,930 17,527 216,853 Grimsby 16,537 3,109 37,730 5,967 63,343 Lincoln 29,133 3,542 41,296 6,531 80,502 Niagara Falls 629,921 68,196 664,527 118,934 1,481,578 NOTL 10,661 N/A 26,663 4,217 41,541 Pelham 0 0 0 0 0 Port Colborne 70,038 8,362 51,495 8,546 138,441 St Catharines 919,475 101,983 833,412 144,591 1,999,461 Thorold 24,122 2,409 21,551 3,408 51,490 Wainfleet 0 0 0 0 0 Welland 356,246 40,869 275,980 62,457 735,552 West Lincoln 0 0 0 0 0 Total 2,155,709 239,290 2,041,584 372,178 4,808,761 The following scenarios developed by Niagara Region staff using 2016 assessment values and tax rates illustrate ways in which NRH owned units’ property taxation could be eliminated or reduced allowing that portion of NRH’s budget used to pay property taxes to be repurposed to other NRH service requirements. Scenario 1: Status quo – keep NRH properties taxable and maintain the existing NRH and Region levy budgets. This scenario provides a comparison upon which to base tax and budget impacts of the other options. Impact None Outcome This scenario does not help achieve Regional Council’s goal of reducing social housing waitlists, achieving sustainable funding for NRH or creation of more long term housing. Page 173 of 340 3 F-2018-27 July 10, 2018 Scenario 2: Exempt NRH properties from taxation, and also remove associated NRH tax expense from NRH and subsequent Region levy amounts. Impact Exempting NRH properties from taxation results in a decrease in the assessment base resulting in a revenue shortfall of $629,921 (2016) for the City. This shortfall would need to be made up through higher tax rates. Removing associated NRH tax expense from the NRH budget provides no additional funding to NRH and instead gives that net levy savings back to taxpayers from the Regional perspective which reduces the Regional residential tax rate by 0.86% (2016). Outcome This scenario provides no additional funding to NRH and does not help achieve Regional Council’s goal of reducing social housing waitlists, achieving sustainable funding for NRH or creation of more long term housing. Scenario 3: Exempt NRH properties from taxation, provide a grant to the LAMs to offset their tax impacts resulting from the exemption and maintain the NRH and Region levy amounts. Impact Exempting NRH properties from taxation results in a decrease in the assessment base resulting in a revenue shortfall of $629,921 (2016) for the City. Providing a grant equivalent to the lost revenue resulting from the decrease in the assessment base from the exempted NRH properties would offset this revenue shortfall. Provided that the grant is adjusted for assessment increases of NRH properties there would be no impact to the City’s tax rates on an annual basis. Maintaining the NRH and Region levy amounts of $4,808,761 (2016) and providing a grant of $2,155,709 (2016) to LAMs to offset their tax impacts provides the Region with $2,653,052 of additional funding for NRH and increases the Regional residential General Levy tax rate by 0.63% (2016). Outcome This scenario provides the most funding ($2,653,052 – 2016) to NRH of the 5 scenarios and thus would achieve the biggest impact in working towards Regional Council’s goal of reducing social housing waitlists, achieving sustainable funding for NRH and creation of more long term housing. It’s important to note that should the grant to the LAMs from the Region not Page 174 of 340 4 F-2018-27 July 10, 2018 increase with assessment value or cease to exist LAMs would need to make up the revenue shortfall through higher tax rates. Scenario 4: Do not exempt NRH properties from taxation, but instead increase the NRH and Region’s levy by an amount equal to the tax rate increase under scenario 3. Impact Not exempting the NRH properties does not require designating them as municipal capital facilities. There would be no impact on the City’s assessment base thus no change in tax rates would be required for the City. Increasing the NRH and Region levy’s by an amount equal to the tax rate increase under scenario 3 would result in an increase in the Regional residential General Levy tax rate of 0.63% (2016) and provide NRH with $2,024,041 (2016) in additional funding. Outcome This scenario provides $2,024,041 (2016) in funding to NRH and helps to achieve Regional Council’s goal of reducing social housing waitlists, achieving sustainable funding for NRH and creation of more long term housing. Scenario 5: Exempt NRH properties, provide a grant to LAM’s to offset their tax impacts, and reduce the NRH and Region levy to an amount that would maintain the existing tax rate. Impact Exempting NRH properties from taxation results in a decrease in the assessment base resulting in a revenue shortfall of $629,921 (2016) for the City. Providing a grant equivalent to the lost revenue resulting from the decrease in the assessment base from the exempted NRH properties would offset this revenue shortfall. Provided that the grant is adjusted for assessment increases of NRH properties there would be no impact to the City’s tax rates on an annual basis. Reducing the NRH and Region levy to an amount that would maintain the existing tax rate would result in no impact to the Regional residential General Levy. This scenario provides $611,468 (2016) in additional funding to NRH which represents the waste and education property taxes that would now be exempted due to the Municipal Capital Facility designation. Outcome Page 175 of 340 5 F-2018-27 July 10, 2018 This scenario provides $611,468 (2016) in additional funding and helps to achieve Regional Council’s goal of reducing social housing waitlists, achieving sustainable funding for NRH and creation of more long term housing. Scenarios 1-2 offer no additional funding to NRH. The following table outlines the impact the additional funding achieved through scenarios 3-5 would have on the number of households and waitlist. Scenario 3 Scenario 4 Scenario 5 $2,653,052 $2,024,041 $611,468 # of Households Estimated Waitlist Impact # of Households Estimated Waitlist Impact # of Households Estimated Waitlist Impact Direct RGI Subsiby N/A 442 N/A 337 N/A 101 Creation of Private Units 21 to 22 0 16 to 17 0 4 to 5 0 Creation of NRH Owned Units - Capital Investment 15 to 16 4 11 to 12 3 3 to 4 1 Creation of NRH Owned Units - Debt Charges 287 to 304 80 to 85 218 to 232 61 to 65 66 to 70 18 to 19 Housing Allowance 736 to 884 N/A 562 to 674 N/A 169 to 203 N/A Direct RGI Subsidy RGI Units ensure that tenants pay 30% of their income towards housing costs, with the difference between that and market rent covered by a subsidy through NRH. Creation of Private Units With the creation of privately owned units, there is an agreement with the NRH that the units remain used for affordable housing for a period of time (minimum 20 years). Once the agreement expires the owner is able to convert those units to market rent units. Creation of NRH-Owned Units – Capital Investment Recent NRH builds have included market, affordable and RGI units in order for new builds to be sustainable and not have a net operating budget impact. As a result, the waitlist reduction is lower than the number of units that could be created. If the additional NRH service budget was used to create new NRH owned units, the additional funding could be Page 176 of 340 6 F-2018-27 July 10, 2018 placed into a capital reserve and used for pay-as-you-go capital. Table 2 above provides the number of 1-2 bedroom apartments that the annual funding could support under each scenario on a pay-as-you-go capital basis. Creation of NRH-Owned Units – Debt Charges – 30 Years The additional NRH service budget could also be used to support debt charges. Any debt issued for the creation of new owned NRH units would increase the Region’s ARL and S&P ratio’s, moving the Region closer to the thresholds that have the potential to impact the Region’s credit rating. This would also impact the Region’s ability to fund other infrastructure with consideration to the 10-year capital forecast funding gap and any additional funding requirements that may be identified as the Region’s asset management plans are refined and consolidated. Table 2 above provides the number of 1-2 bedroom apartments that the annual funding could support under each scenario by using a 30 year debenture. Housing Allowance Housing allowance assists with existing housing costs while households remain on the affordable housing waitlist. While the housing allowance allows NRH to assist more families, it does not result in more permanent affordable housing units, nor does it reduce the waitlist. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The body of the report provides many of the financial implications for the City of Niagara Falls. The City currently has 85 properties owned directly by NRH that pay residential or multi-residential property taxes. Per Table 1 these properties amount to $1,481,578 (2016) in property taxes, of which $629,921 (2016) relates to the City’s share. If the NRH properties were changed to be exempt with no grant received from the Niagara Region, the impact on the average residential household would be $12.37 based on the average household assessed at $224,634. CITY’S STRATEGIC COMMITMENT The City does not specifically make reference to Social Housing in the 2015-2018 Strategic Priorities. LIST OF ATTACHMENTS F-2018-27 Attachment 1 Niagara Regional Council CSD 36-2016 Niagara Regional Housing Property Tax Exemption Analysis Page 177 of 340 7 F-2018-27 July 10, 2018 Recommended by: Tiffany Clark, Acting Director of Finance Respectfully submitted: Ken Todd, Chief Administrative Officer Page 178 of 340 CSD 36-2016 October 19, 2016 Page 1 REPORT TO: Corporate Services Committee MEETING DATE: Wednesday, October 19, 2016 SUBJECT: Niagara Regional Housing Property Tax Exemption Analysis RECOMMENDATIONS 1. That this report BE CIRCULATED to Local Area Municipal (LAM) Councils for input to be provided by January 31, 2017; and 2. That this report BE FORWARDED to the Niagara Regional Housing Board of Directors for information. KEY FACTS  A motion directing staff to bring forward a report on ways to eliminate property taxes on Niagara Regional Housing (NRH) owned units was passed at the Corporate Services Committee on January 14, 2016  On April 20, 2016, report CSD 12-2016 was brought forward to Corporate Services Committee in order to confirm the scope of research and work to be undertaken and included in the report  NRH Governance was addressed separately through CSD 11-2016 on September 7, 2016  While this report provides potential outcomes that could result from additional budget for NRH, it is understood that these outcomes will be guided and further informed by the NRH alternative service delivery review to be reported to Council  An exemption of NRH properties would result in a redistributi on of taxes among the rest of the tax base, impacting all property owners and the local area municipalities CONSIDERATIONS Financial The financial implications for various options relating to the exemption of property taxes and other funding impacts for NRH are noted in the Analysis section. Page 179 of 340 CSD 36-2016 October 19, 2016 Page 2 Corporate Staff from Finance, Legal and Court Services and Niagara Regional Housing have contributed to this report. The purpose of this work is to explore alternatives to increase funding for affordable housing, and is consistent with Regional Council’s goal of reducing social housing waitlists. Governmental Partners On June 21, 2016, the Province announced that over the next two years more than $640 million in funding would be jointly invested by the Federal and Provincial governments to support the housing needs of Ontarians. Niagara Region has been allocated $15.5 million including $9,462,700 from the Social Infrastructure Fund (SIF) for a two-year period (April 2016 – March 2018) and $6,079,500 from the Social Housing Improvement Program (SHIP) for a one-year period (April 2016 – March 2017). As this funding in short-term, and not sustainable, it will not have a long-term impact on the waitlist. This recent funding is in addition to the 2015 funding announcement which allocated $23.9 million in funding to NRH for the period 2014 to 2020. This funding was allocated as per NRH 2-2015 which invested in rent supplement/housing allowance programs and new development being provided by both existing housing providers as well as the NRH new build in St. Catharines. Initial discussions regarding the exemption of NRH properties from property taxation have occurred with the area treasurers. Concerns have been expressed regarding the local tax impacts, therefore it is strongly encouraged that no action be taken by the Region without the input of local area municipal Councils. Public and/or Service Users Additional funding for NRH would create opportunities to support the creation of new/additional affordable housing units. Increasing the number of units should have the effect of reducing the social housing waitlist in Niagara. An exemption of NRH properties from property taxes would result in a shift of taxes on to the remainder of the tax base. The impact on individual property owners will vary depending on which municipality their property is located in. ANALYSIS NRH operates and manages more than 2,600 public housing units in high-rise, low-rise, townhouse and detached houses for families, adults and seniors. These units include both affordable housing as well as Rent-Geared-to-Income (RGI) units where rents are limited to 30% of household income. Page 180 of 340 CSD 36-2016 October 19, 2016 Page 3 NRH provides legislative oversight to non-profit and cooperative social housing providers across Niagara, who own over 3,900 rental units which include a mix of RGI , affordable housing and market rent units. In addition, NRH has agreements with private landlords to provide rent supplements for approximately 1,000 units that are filled from the centralized waiting list. NRH also has a housing allowance program (ending March 2020) which provides a supplemental payment to landlords in order to provide temporary assistance to households while they remain on the waiting list for a permanent RGI unit. Introduction At the January 14, 2016, meeting of the Corporate Services Committee, staff was directed to report back to Council on ways to exempt NRH properties from paying property taxes as a means to increase the service budget for NRH. The approved 2016 NRH budget was a gross expenditure of $54.4 million and net expenditure of $26.7 million to the general levy. Included in the gross expenditure is $4.8 million annually in property taxes for NRH’s 2,600 public housing units. NRH has two properties that are taxed at the New Multi-Residential tax rate, which reduces taxes to the single residential tax rate as opposed to the normal multi-residential tax rate. Currently NRH pays property taxes as follows: Table 1: Municipality Taxation Source LAM Waste Region Education Total Fort Erie 99,576 10,820 88,930 17,527 216,853 Grimsby 16,537 3,109 37,730 5,967 63,343 Lincoln 29,133 3,542 41,296 6,531 80,502 Niagara Falls 629,921 68,196 664,527 118,934 1,481,578 NOTL 10,661 N/A 26,663 4,217 41,541 Pelham 0 0 0 0 0 Port Colborne 70,038 8,362 51,495 8,546 138,441 St Catharines 919,475 101,983 833,412 144,591 1,999,461 Thorold 24,122 2,409 21,551 3,408 51,490 Wainfleet 0 0 0 0 0 Welland 356,246 40,869 275,980 62,457 735,552 West Lincoln 0 0 0 0 0 Total 2,155,709 239,290 2,041,584 372,178 4,808,761 Page 181 of 340 CSD 36-2016 October 19, 2016 Page 4 Exempting NRH Properties from Property Taxes The purpose of this report was to look at the option of an exemption from property taxation as a means to provide sustainable incremental funding for NRH. The Region has the ability through section 110 of the Municipal Act to enter into agreements for municipal capital facilities, including housing capital facilities, which would provide exemptions from all property taxation (Regional, LAM and Education). If NRH properties were exempt, they would not pay any of these taxes. Absent any corresponding budget reductions, there would be tax shifts of Regional controlled taxes on to all other property owners in the region. Additionally, there would be a shift of taxes to the local area municipalities (LAM), as they would need to make up for shortfalls in revenue lost from NRH properties. A detailed by-LAM-breakdown of the tax rate impacts, including the impact on the typical household, is included in Appendix I. The estimated impact on each LAM tax rate of an exemption would be: Table 2: Municipality Estimated % Increase in tax rate Fort Erie 0.41 Grimsby 0.17 Lincoln 0.22 Niagara Falls 1.15 Niagara-on-the-Lake 0.12 Pelham 0.00 Port Colborne 0.46 St. Catharines 1.10 Thorold 0.19 Wainfleet 0.00 Welland 1.02 West Lincoln 0.00 Items requiring consideration by Regional Council, if decided to provide a tax exemption to NRH properties, are included below: Feedback from LAMs This report has impact on municipal taxation therefore feedback from LAMs is required. Consideration may be given to a phased approach of implementing exemptions by municipality based on their willingness or readiness to participate. Further analysis of these impacts and opportunities would be required. The contents of the report have been shared and discussed with municipal treasurers. Feedback to date requested analysis of the combined municipal impact which has been provided below in Table 4. Additionally, the City of St Catharines staff has been Page 182 of 340 CSD 36-2016 October 19, 2016 Page 5 directed by their Council to report back on the potential to exempt St. Catharines- specific properties from taxation. Regional staff has shared the contents of this report and assisted with providing requested information on this subject. Grants to LAMs In order to limit the impact of the tax exemption on the LAMs, a grant in lieu of property taxes could be provided. The ability to provide grants to the LAMs can be found in Section 107 of the Municipal Act. These grants would be recommended as a transitional measure which could be reduced/phased out over time to provide additional funding for the NRH service budget. Decisions respecting grants should consider feedback from the LAMs. Timing Given the discussion that would need to occur with the LAMs and preparations required for a tax exemption to be implemented, it would be impractical for a property tax exemption to take effect prior to January 1, 2018. This additional time would allow for NRH to develop plans for the additional service budget, and to allow the Region and LAMs to come to agreement on the level and details of grants in lieu of taxes. Further, it would provide time for the Region to advise the Municipal Property Assessment Corporation (MPAC) about the exemption and for them to update the roll to reflect it. Scenarios Analyzed Several scenarios have been developed in order to demonstrate the impact of a range of options using the 2016 assessment values and tax rates . Currently NRH pays approximately $4,808,761 in property taxes of this amount $2,280,874 relates to Region taxes, $2,155,709 relates to LAM taxes and $372,178 relates to Education taxes. The scenarios where NRH remains taxable are more reflective of the fu ll cost of providing the service, given that clients living in NRH units are users of Local an d Regional government services funded through property taxes. In scenarios where NRH is being exempted, costs and revenues are being reallocated within the Region and to the LAMs and Education Boards in order to create budget space for NRH, which is less transparent to the public. The scenarios analyzed are as follows: Scenario 1 is based upon the status quo of keeping NRH properties taxable, and maintaining the existing NRH and Region levy budgets. This scenario provides a comparison upon which to base tax and budget impacts of the other options. Scenario 2 provides the impact of exempting the NRH properties from taxation, and also removing associated NRH tax expense from the NRH and subsequent Region levy amounts. In this scenario, the LAMs would have a revenue shortfall which would need to be made up through higher LAM tax rates. This scenario is essentially exempting the Page 183 of 340 CSD 36-2016 October 19, 2016 Page 6 properties from taxation, and then giving that net levy savings back to taxpayers from the Regional perspective, but requiring an increase to the LAMs levy. This scenario does not provide any additional funding to NRH. Scenario 3 provides the impact of exempting the NRH properties from taxation, maintaining the NRH and Region levy amounts and providing a grant to the LAMs to offset their tax impacts resulting from the exemption. Under this scenario, NRH’s tax budget remaining after the grant to the LAMs would be repurposed to the service budget by the equivalent of the Regional taxes (general and waste levies) and Education taxes. This scenario would provide $2,653,052 of additional funding for NRH. Scenario 4 provides the impact of not exempting the NRH properties, but instead increasing the NRH and Region levys by an amount equal to the tax rate increase under scenario 3. The purpose of this scenario is to compare impact on the NRH budget that could be provided without having to go through the process of designating pro perties under the municipal capital facilities section of the Municipal Act, and the associated discussions required with LAMs about the impacts on their budgets. This scenario would provide $2,024,041 in additional funding for NRH. Scenario 5 provides the impact of exempting the NRH properties, providing a grant to the LAMs to offset their tax impacts, and reducing the NRH and Region levy to an amount that would maintain the existing tax rate. In this scenario, NRH would get additional service budget space equal to the waste and education property taxes it pays, and the impact on property owners in the Region would be a small increase in their waste taxes, with no impact on the Region’s general levy taxes or LAM taxes. This scenario would provide $611,468 in additional funding for NRH. The following table outlines the scenarios described above: Table 3: Scenario NRH Tax Expense NRH Service Budget Grant to LAMs Region Levy Regional Res Tax Rate % Change in tax rate 1 0 0 0 325,108,233 .00581564 0.00 2 (4,808,761) 0 0 320,299,472 .00576583 -0.86 3 (4,808,761) 2,653,052 2,155,709 325,108,233 .00585239 0.63 4 30,450 2,024,041 0 327,162,724 .00585239 0.63 5 (4,808,761) 611,468 2,155,709 323,066,726 .00581564 0.00 Page 184 of 340 CSD 36-2016 October 19, 2016 Page 7 The total typical household tax annual impact for each municipality (LAM, Region, Waste and Education) of these scenarios compared to the status quo (scenario 1) are provided in Appendix I and summarized in the following table: Table 4: Municipality Scenario 2 Scenario 3 Scenario 4 Scenario 5 $ % $ % $ % $ % Fort Erie (4.04) -0.14 7.74 0.27 7.17 0.25 0.56 0.02 Grimsby (15.52) -0.42 13.01 0.35 12.73 0.34 0.28 0.01 Lincoln (13.11) -0.32 12.50 0.31 12.13 0.30 0.37 0.01 Niagara Falls 2.39 0.08 9.61 0.31 8.28 0.27 1.33 0.04 NOTL (20.48) -0.48 15.81 0.37 15.81 0.37 0.00 0.00 Pelham (17.19) -0.41 12.64 0.30 12.64 0.30 0.00 0.00 Port Colborne (1.64) -0.06 7.21 0.25 6.45 0.22 0.76 0.03 St Catharines 3.72 0.11 9.60 0.29 8.12 0.25 1.47 0.04 Thorold (8.58) -0.26 8.55 0.25 8.30 0.25 0.25 0.01 Wainfleet (12.35) 0.35 9.08 0.26 9.08 0.26 0.00 0.00 Welland 6.99 0.22 8.94 0.28 7.21 0.23 1.73 0.05 West Lincoln (15.25) -0.42 11.21 0.31 11.21 0.31 0.00 0.00 Additional Service Budget for NRH The additional NRH service budget that may be created under scenarios 3 ($2,653,052), 4 ($2,024,041) and 5 ($611,468) could be used to provide direct Rent- Geared-to-Income (RGI) subsidy or housing allowances, or the creation of new NRH or private provider units. The optimal model for investment is the subject of NRH’s strategic plan and the alternative service delivery review, therefore it is recommended that any use of additional budget be deferred until the results of this study are known and can be appropriately leveraged. However, an estimate of the impact of alternative investments based on historical practices has been identified below in order to provide an order of magnitude. Direct RGI Subsidy The following table provides the estimated number of (people/families) that could be reduced from the housing waitlist by providing direct RGI subsidy through the additional service budget under scenarios 3, 4 and 5. RGI units ensure that tenants pay 30 per cent of their income towards housing costs, with the difference between that and market rent covered by a subsidy through NRH. The risk with this option is that it assumes there are a sufficient number of existing willing providers available to create ne w units. It Page 185 of 340 CSD 36-2016 October 19, 2016 Page 8 is possible that the alternative service delivery could look at options such as a portable RGI subsidy, which would avoid the requirement for willing providers. Table 5: Scenario NRH Service Budget Waitlist Impact 3 2,653,052 442 4 2,024,041 337 5 611,468 101 New Development Opportunities The following estimates are based on the assumption of creating 1-2 bedroom apartments at a cost of $160,000 -170,000 per unit, which is in line with past practice. This funding could also be used towards other affordable housing incentives. Again, the ongoing alternative service delivery review is being undertaken to identify the optimal model for these investments. a) Creation of Private Units With the creation of privately owned units, there is an agreement with the NRH that the units remain used for affordable housing for a period of time (minimum 20 years , but usually longer). During the period of the agreement, NRH has a responsibility to ensure these privately owned buildings and units maintain a state of good repair, creating some long-term financial risk similar to that of direct ownership. Once the agreement expires, the owner is able to convert those units to m arket rent units. Additionally, the agreements to provide affordable units with private providers have resulted in some issues and consternation when sales/changes in ownership have occurred, as prospective/new owners do not always want to honour these agr eements. Finally, private providers may provide affordable units without providing any RGI units. NRH experience with the 2015 RFP for use of IAH funding allocated to private affordable housing units required 25 per cent cost sharing from the private sector in order to provide the estimated units in the table below. Additionally, the private sector models did not provide for any RGI units. Should RGI units be made available with this model it would also require additional operating budget to accommodate the RGI subsidy (approximately $500/month or $6,000/year per unit). Using the 2015 RFP results, it is estimated that if the additional NRH service budget was used to support the creation of units through private providers, it could support the creation of the following number of private units annually: Page 186 of 340 CSD 36-2016 October 19, 2016 Page 9 Table 6: Scenario NRH Service Budget # of Households Waitlist Impact 3 2,653,052 21 to 22 0 4 2,024,041 16 to 17 0 5 611,468 4 to 5 0 b) Creation of NRH-Owned Units Recent NRH builds have included market, affordable and RGI units in order for new builds to be sustainable and not have a net operating budget impact. As a result, the waitlist reduction is lower than the number of units that could be created. If the additional NRH service budget was used to create new NRH owned units, the additional funding could be placed into a capital reserve and used for pay-as-you-go capital. The following table provides the number of 1-2 bedroom apartments that the annual funding could support under each scenario on a pay-as-you-go capital basis: Table 7: Scenario NRH Capital Investment # of Households Estimated Waitlist Impact 3 2,653,052 15 to 16 4 4 2,024,041 11 to 12 3 5 611,468 3 to 4 1 The additional NRH service budget could also be used to support debt charges. Any debt issued for the creation of new owned NRH units would increase the Region’s ARL and S&P ratio’s, moving the Region closer to the thresholds that have the potential to impact the Region’s credit rating. This would also impact the Region’s ability to fund other infrastructure with consideration to the 10-year capital forecast funding gap and any additional funding requirements that may be identified as the Region’s asset management plans are refined and consolidated. If 30-year debt was issued to build new NRH owned units, the number of 1-2 bedroom apartment units that could be supported using the additional service budget is estimated at: Table 8: Scenario NRH Debt Charges 30-Year Debt # of Households Estimated Waitlist Impact 3 2,653,052 48,795,108 287 to 304 80 to 85 4 2,024,041 37,226,254 218 to 232 61 to 65 5 611,468 11,247,619 66 to 70 18 to 19 Page 187 of 340 CSD 36-2016 October 19, 2016 Page 10 Housing Allowance The following table provides the estimated number of households that could be assisted by providing a housing allowance to assist with their existing housing costs while they remain on the affordable housing waitlist. While the housing allowance allows NRH to assist more families, it does not result in more permanent affordable housing units, nor does it reduce the waitlist. Table 9: Scenario NRH Service Budget # of Households 3 2,653,052 736 to 884 4 2,024,041 562 to 674 5 611,468 169 to 203 Other Considerations Precedent There is currently limited precedent in Ontario for exempting affordable housing (either municipally owned or privately owned) from taxation. Some single tier examples are Toronto, which provides new affordable housing (can be private) with a 20 -year property tax holiday subject to meeting conditions, and both Ottawa and Chatham-Kent which provide exemptions for municipally-owned properties. In two-tier municipalities, no examples of tax exemptions or tax holidays could be found, due in part to the tax implications that would be placed on the local municipalities. There are examples, such as Peel, in two-tier municipalities of providing tax differential grants to providers receiving provincial funding for construction of new units, in order for those new units to be taxed at the residential rate. How the Region chooses to move forward is likely to be watched closely by both the Province and municipalities as a potential model for other jurisdictions facing similar challenges. Requests from Private Providers Some non-profit affordable housing providers have provided comment that other public housing providers should also be considered for the property tax exemption. If a property tax exemption was considered for all existing providers, there would be complicating factors (such as many properties having a mix of market rent and affordable units) and more significant financial impacts on both the Region and LAM’s as there are more privately owned and operated units than NRH owned units. In addition, if those private providers were exempted from property taxes, it would result in a reduction in their operating subsidy, and therefore may not provide the level of benefit they expect. Page 188 of 340 CSD 36-2016 October 19, 2016 Page 11 ALTERNATIVES REVIEWED A number of options are outlined in this report; however, it is recommended that no decision be made by Regional Council until the Councils of the LAMs have had an opportunity to provide comment. ORIGIN OF REPORT Motion of the Committee made at its January 14, 2016, meeting. OTHER PERTINENT REPORTS CSD 12-2016 – Niagara Regional Housing Property Tax Exemption Scope of Review, April 20, 2016 CSD 11-2016 – Niagara Regional Housing Governance Review, September 7, 2016 SUBMITTED BY: Jason Burgess Acting Commissioner Corporate Services APPROVED BY: Maurice (Mo) Lewis Acting Chief Administrative Officer This report was prepared by Adam Smith, Senior Tax & Revenue Analyst, in consultation with Donna Woiceshyn, Acting CEO, NRH, and Sterling Wood, Legal Counsel, and reviewed by Helen Chamberlain, Director Financial Management & Planning/Deputy Treasurer. APPENDICES Appendix I Impacts of Tax Exemption on LAM’s Page 12 Page 189 of 340 CSD 36-2016 Appendix I October 19, 2016 Page 12 Appendix I - Estimated Impacts of NRH Exemption on LAM Taxation Fort Erie Property Class Assessment w/ NRH Taxable Assessment w/ NRH Exempt Difference Revenue Shortfall1 Increase to GL Rate Required Resulting GL Tax Rate2 Estimated % Increase in Tax Rate Residential 3,053,039,253 3,049,433,253 (3,606,000) (23,481.55) 0.00002643 0.00653823 0.41% New Multi-Residential 35,000 35,000 - - 0.00002643 0.00653823 0.41% Multi-Residential 48,904,065 43,187,065 (5,717,000) (76,093.96) 0.00005402 0.01336414 0.41% Farm 49,829,754 49,829,754 - - 0.00000661 0.00163456 0.41% Managed Forest 1,053,564 1,053,564 - - 0.00000661 0.00163456 0.41% Commercial 236,397,068 236,397,068 - - 0.00004648 0.01149813 0.41% Commercial Vacant 17,012,400 17,012,400 - - 0.00003254 0.00804869 0.41% Commercial Excess 7,030,534 7,030,534 - - 0.00003254 0.00804869 0.41% Industrial 54,108,134 54,108,134 - - 0.00006951 0.01719554 0.41% Industrial Vacant 2,554,100 2,554,100 - - 0.00004518 0.01117710 0.41% Industrial Excess 725,200 725,200 - - 0.00004518 0.01117710 0.41% Pipeline 13,627,000 13,627,000 - - 0.00004499 0.01112872 0.41% Total 3,484,316,072 3,474,993,072 (9,323,000) (99,575.51) 1 Includes any special are charges that could be applicable 2 Based on GL Tax Rate w/NRH Taxable + Increase to GL Rate Required w/NRH Exempt, including special area charges Combined Impact on Typical Household ($195,236) in Fort Erie Scenario Region General Levy Region WM Levy LAM Levy Education Levy Total Levy $ Change from Status Quo % Change from Status Quo 1 1,135.42 138.15 1,271.34 367.04 2,911.95 - 0.00% 2 1,125.66 138.71 1,276.50 367.04 2,907.91 (4.04) -0.14% 3 1,142.60 138.71 1,271.34 367.04 2,919.69 7.74 0.27% 4 1,142.60 138.15 1,271.34 367.04 2,919.13 7.17 0.25% 5 1,135.42 138.71 1,271.34 367.04 2,912.51 0.56 0.02%Page 190 of 340 CSD 36-2016 Appendix I October 19, 2016 Page 13 Appendix I - Estimated Impacts of NRH Exemption on LAM Taxation Grimsby Property Class Assessment w/ NRH Taxable Assessment w/ NRH Exempt Difference Revenue Shortfall1 Increase to GL Rate Required Resulting GL Tax Rate2 Estimated % Increase in Tax Rate Residential 3,171,541,589 3,171,541,589 - - 0.00000438 0.00255330 0.17% New Multi-Residential - - - - 0.00000438 0.00255330 0.17% Multi-Residential 24,624,000 21,450,000 (3,174,000) (16,536.51) 0.00000895 0.00521894 0.17% Farm 65,119,400 65,119,400 - - 0.0000011 0.00063833 0.17% Managed Forest 613,300 613,300 - - 0.0000011 0.00063833 0.17% Commercial 231,042,840 231,042,840 - - 0.0000077 0.00449023 0.17% Commercial Vacant 9,958,500 9,958,500 - - 0.00000539 0.00314316 0.17% Commercial Excess 9,208,500 9,208,500 - - 0.00000539 0.00314316 0.17% Industrial 36,622,470 36,622,470 - - 0.00001152 0.00671518 0.17% Industrial Vacant 2,226,000 2,226,000 - - 0.00000749 0.00436487 0.17% Industrial Excess 2,531,500 2,531,500 - - 0.00000749 0.00436487 0.17% Pipeline 7,133,000 7,133,000 - - 0.00000746 0.00434598 0.17% Total 3,560,621,099 3,557,447,099 (3,174,000) (16,536.51) 1 Includes any special are charges that could be applicable 2 Based on GL Tax Rate w/NRH Taxable + Increase to GL Rate Required w/NRH Exempt, including special area charges Combined Impact on Typical Household ($346,396) in Grimsby Scenario Region General Levy Region WM Levy LAM Levy Education Levy Total Levy $ Change from Status Quo % Change from Status Quo 1 2,014.51 165.99 882.94 651.22 3,714.66 - 0.00% 2 1,997.20 166.27 884.45 651.22 3,699.15 (15.52) -0.42% 3 2,027.24 166.27 882.94 651.22 3,727.68 13.01 0.35% 4 2,027.24 165.99 882.94 651.22 3,727.39 12.73 0.34% 5 2,014.51 166.27 882.94 651.22 3,714.95 0.28 0.01%Page 191 of 340 CSD 36-2016 Appendix I October 19, 2016 Page 14 Appendix I - Estimated Impacts of NRH Exemption on LAM Taxation Lincoln Property Class Assessment w/ NRH Taxable Assessment w/ NRH Exempt Difference Revenue Shortfall1 Increase to GL Rate Required Resulting GL Tax Rate 2 Estimated % Increase in Tax Rate Residential 2,460,520,863 2,460,520,863 - - 0.00000916 0.00411193 0.22% New Multi-Residential - - - - 0.00000916 0.00412109 0.22% Multi-Residential 20,426,300 16,952,300 (3,474,000) (29,133.17) 0.00001872 0.008423505 0.22% Farm 367,683,584 367,683,584 - - 0.00000229 0.001030273 0.22% Managed Forest 754,100 754,100 - - 0.00000229 0.001030273 0.22% Commercial 169,389,665 169,389,665 - - 0.00001611 0.00724735 0.22% Commercial Vacant 9,071,000 9,071,000 - - 0.00001128 0.005073145 0.22% Commercial Excess 6,648,000 6,648,000 - - 0.00001128 0.005073145 0.22% Industrial 87,997,556 87,997,556 - - 0.00002409 0.010838466 0.22% Industrial Vacant 6,143,000 6,143,000 - - 0.00001566 0.007045003 0.22% Industrial Excess 2,377,000 2,377,000 - - 0.00001566 0.007045003 0.22% Pipeline 18,202,000 18,202,000 - - 0.00001559 0.007014506 0.22% Total 3,149,213,068 3,145,739,068 (3,474,000) (29,133.17) 1 Includes any special are charges that could be applicable 2 Based on GL Tax Rate w/NRH Taxable + Increase to GL Rate Required w/NRH Exempt, including special area charges Combined Impact on Typical Household ($330,116) in Lincoln Scenario Region General Levy Region WM Levy LAM Levy Education Levy Total Levy $ Change from Status Quo % Change from Status Quo 1 1,919.84 164.68 1,354.39 620.62 4,059.53 - 0.00% 2 1,903.33 165.05 1,357.41 620.62 4,046.41 (13.11) -0.32% 3 1,931.97 165.05 1,354.39 620.62 4,072.02 12.50 0.31% 4 1,931.97 164.68 1,354.39 620.62 4,071.66 12.13 0.30% 5 1,919.84 165.05 1,354.39 620.62 4,059.89 0.37 0.01%Page 192 of 340 CSD 36-2016 Appendix I October 19, 2016 Page 15 Appendix I - Estimated Impacts of NRH Exemption on LAM Taxation Niagara Falls Property Class Assessment w/ NRH Taxable Assessment w/ NRH Exempt Difference Revenue Shortfall1 Increase to GL Rate Required Resulting GL Tax Rate2 Estimated % Increase in Tax Rate Residential 6,809,452,673 6,799,569,673 (9,883,000) (54,482.80) 0.00005469 0.00480329 1.15% New Multi-Residential 9,013,140 4,486,140 (4,527,000) (24,956.36) 0.00005469 0.00480329 1.15% Multi-Residential 266,526,160 217,673,160 (48,853,000) (550,481.47) 0.00011179 0.00981793 1.15% Farm 57,099,104 57,099,104 - - 0.00001367 0.00120082 1.15% Managed Forest 967,800 967,800 - - 0.00001367 0.00120082 1.15% Commercial 2,086,325,462 2,086,325,462 - - 0.00009618 0.00844707 1.15% Commercial Vacant 149,165,700 149,165,700 - - 0.00006733 0.00591295 1.15% Commercial Excess 41,102,342 41,102,342 - - 0.00006733 0.00591295 1.15% Industrial 96,166,829 96,166,829 - - 0.00014383 0.01263265 1.15% Industrial Vacant 14,347,400 14,347,400 - - 0.00009349 0.00821122 1.15% Industrial Excess 4,518,300 4,518,300 - - 0.00009349 0.00821122 1.15% Pipeline 39,625,000 39,625,000 - - 0.00009309 0.00817568 1.15% Total 9,574,309,910 9,511,046,910 (63,263,000) (629,920.63) 1 Includes any special are charges that could be applicable 2 Based on GL Tax Rate w/NRH Taxable + Increase to GL Rate Required w/NRH Exempt, including special area charges Combined Impact on Typical Household ($225,289) in Niagara Falls Scenario Region General Levy Region WM Levy LAM Levy Education Levy Total Levy $ Change from Status Quo % Change from Status Quo 1 1,310.20 134.46 1,241.97 423.54 3,110.17 - 0.00% 2 1,298.94 135.79 1,254.29 423.54 3,112.56 2.39 0.08% 3 1,318.48 135.79 1,241.97 423.54 3,119.78 9.61 0.31% 4 1,318.48 134.46 1,241.97 423.54 3,118.45 8.28 0.27% 5 1,310.20 135.79 1,241.97 423.54 3,111.50 1.33 0.04%Page 193 of 340 CSD 36-2016 Appendix I October 19, 2016 Page 16 Appendix I - Estimated Impacts of NRH Exemption on LAM Taxation Niagara-on-the-Lake Property Class Assessment w/ NRH Taxable Assessment w/ NRH Exempt Difference Revenue Shortfall1 Increase to GL Rate Required Resulting GL Tax Rate 2 Estimated % Increase in Tax Rate Residential 3,241,162,167 3,241,162,167 - - 0.00000235 0.00203978 0.12% New Multi-Residential - - - - 0.00000235 0.00203978 0.12% Multi-Residential 15,706,000 13,463,000 (2,243,000) (10,661.38) 0.0000048 0.00416931 0.12% Farm 333,741,525 333,741,525 - - 0.00000059 0.00050995 0.12% Managed Forest 541,800 541,800 - - 0.00000059 0.00050995 0.12% Commercial 591,854,359 591,854,359 - - 0.00000413 0.00358715 0.12% Commercial Vacant 6,754,000 6,754,000 - - 0.00000289 0.00251101 0.12% Commercial Excess 11,402,708 11,402,708 - - 0.00000289 0.00251101 0.12% Industrial 27,636,808 27,636,808 - - 0.00000618 0.00536462 0.12% Industrial Vacant 10,731,000 10,731,000 - - 0.00000402 0.00348700 0.12% Industrial Excess 92,000 92,000 - - 0.00000402 0.00348700 0.12% Pipeline 16,111,000 16,111,000 - - 0.000004 0.00347191 0.12% Total 4,255,733,367 4,253,490,367 (2,243,000) (10,661.38) 1 Includes any special are charges that could be applicable 2 Based on GL Tax Rate w/NRH Taxable + Increase to GL Rate Required w/NRH Exempt, including special area charges Combined Impact on Typical Household ($430,157) in Niagara-on-the-Lake Scenario Region General Levy Region WM Levy LAM Levy Education Levy Total Levy $ Change from Status Quo % Change from Status Quo 1 2,501.64 - 1,000.30 808.70 4,310.63 - 0.00% 2 2,480.13 - 1,001.31 808.70 4,290.14 (20.49) -0.48% 3 2,517.45 - 1,000.30 808.70 4,326.44 15.81 0.37% 4 2,517.45 - 1,000.30 808.70 4,326.44 15.81 0.37% 5 2,501.64 - 1,000.30 808.70 4,310.63 - 0.00%Page 194 of 340 CSD 36-2016 Appendix I October 19, 2016 Page 17 Appendix I - Estimated Impacts of NRH Exemption on LAM Taxation Pelham Property Class Assessment w/ NRH Taxable Assessment w/ NRH Exempt Difference Revenue Shortfall1 Increase to GL Rate Required Resulting GL Tax Rate2 Estimated % Increase in Tax Rate Residential 2,068,323,217 2,068,323,217 - - 0 0.00481491 0.00% New Multi-Residential - - - - 0 0.00481491 0.00% Multi-Residential 18,609,000 18,609,000 - - 0 0.00984168 0.00% Farm 124,200,753 124,200,753 - - 0 0.00120373 0.00% Managed Forest 1,748,200 1,748,200 - - 0 0.00120373 0.00% Commercial 67,849,061 67,849,061 - - 0 0.00846750 0.00% Commercial Vacant 3,735,000 3,735,000 - - 0 0.00592725 0.00% Commercial Excess 647,972 647,972 - - 0 0.00592725 0.00% Industrial 3,663,597 3,663,597 - - 0 0.01266321 0.00% Industrial Vacant 51,000 51,000 - - 0 0.00823109 0.00% Industrial Excess 42,000 42,000 - - 0 0.00823109 0.00% Pipeline 14,900,000 14,900,000 - - 0 0.00819546 0.00% Total 2,303,769,800 2,303,769,800 - - 1 Includes any special are charges that could be applicable 2 Based on GL Tax Rate w/NRH Taxable + Increase to GL Rate Required w/NRH Exempt, including special area charges Combined Impact on Typical Household ($343,833) in Pelham Scenario Region General Levy Region WM Levy LAM Levy Education Levy Total Levy $ Change from Status Quo % Change from Status Quo 1 1,999.61 177.08 1,403.61 646.41 4,226.70 - 0.00% 2 1,982.42 177.08 1,403.61 646.41 4,209.52 (17.19) -0.41% 3 2,012.24 177.08 1,403.61 646.41 4,239.34 12.64 0.30% 4 2,012.24 177.08 1,403.61 646.41 4,239.34 12.64 0.30% 5 1,999.61 177.08 1,403.61 646.41 4,226.70 - 0.00%Page 195 of 340 CSD 36-2016 Appendix I October 19, 2016 Page 18 Appendix I - Estimated Impacts of NRH Exemption on LAM Taxation Port Colborne Property Class Assessment w/ NRH Taxable Assessment w/ NRH Exempt Difference Revenue Shortfall1 Increase to GL Rate Required Resulting GL Tax Rate2 Estimated % Increase in Tax Rate Residential 1,427,938,386 1,427,519,386 (419,000) (3,314.19) 0.00003633 0.00794609 0.46% New Multi-Residential - - - - 0.00003633 0.00794609 0.46% Multi-Residential 46,207,500 42,080,500 (4,127,000) (66,723.48) 0.00007426 0.01624181 0.46% Farm 44,776,900 44,776,900 - - 0.00000908 0.00198652 0.46% Managed Forest 801,400 801,400 - - 0.00000908 0.00198652 0.46% Commercial 108,603,787 108,603,787 - - 0.00006389 0.01397399 0.46% Commercial Vacant 2,113,500 2,113,500 - - 0.00004472 0.00978180 0.46% Commercial Excess 228,500 228,500 - - 0.00004472 0.00978180 0.46% Industrial 68,590,988 68,590,988 - - 0.00009555 0.02089822 0.46% Industrial Vacant 4,965,500 4,965,500 - - 0.00006211 0.01358384 0.46% Industrial Excess 2,318,075 2,318,075 - - 0.00006211 0.01358384 0.46% Pipeline 9,554,000 9,554,000 - - 0.00006184 0.01352504 0.46% Total 1,716,098,536 1,711,552,536 (4,546,000) (70,037.67) 1 Includes any special are charges that could be applicable 2 Based on GL Tax Rate w/NRH Taxable + Increase to GL Rate Required w/NRH Exempt, including special area charges Combined Impact on Typical Household ($175,485) in Port Colborne Scenario Region General Levy Region WM Levy LAM Levy Education Levy Total Levy $ Change from Status Quo % Change from Status Quo 1 1,020.56 165.72 1,388.04 329.91 2,904.23 - 0.00% 2 1,011.79 166.48 1,394.42 329.91 2,902.60 (1.64) -0.06% 3 1,027.01 166.48 1,388.04 329.91 2,911.44 7.21 0.25% 4 1,027.01 165.72 1,388.04 329.91 2,910.68 6.45 0.22% 5 1,020.56 166.48 1,388.04 329.91 2,904.99 0.76 0.03%Page 196 of 340 CSD 36-2016 Appendix I October 19, 2016 Page 19 Appendix I - Estimated Impacts of NRH Exemption on LAM Taxation St Catharines Property Class Assessment w/ NRH Taxable Assessment w/ NRH Exempt Difference Revenue Shortfall1 Increase to GL Rate Required Resulting GL Tax Rate2 Estimated % Increase in Tax Rate Residential 10,478,469,280 10,465,156,280 (13,313,000) (85,418.87) 0.00006015 0.0055402 1.10% New Multi-Residential 27,047,160 27,047,160 - - 0.00006015 0.00554020 1.10% Multi-Residential 674,929,131 611,332,131 (63,597,000) (834,056.21) 0.00012295 0.01132417 1.10% Farm 99,825,600 99,825,600 - - 0.00001504 0.00138505 1.10% Managed Forest - - - - 0.00001504 0.00138505 1.10% Commercial 1,659,398,293 1,659,398,293 - - 0.00010578 0.00974300 1.10% Commercial Vacant 18,634,800 18,634,800 - - 0.00007405 0.00682010 1.10% Commercial Excess 12,329,285 12,329,285 - - 0.00007405 0.00682010 1.10% Industrial 179,357,837 179,357,837 - - 0.00015819 0.01457072 1.10% Industrial Vacant 20,565,000 20,565,000 - - 0.00010282 0.00947097 1.10% Industrial Excess 4,730,894 4,730,894 - - 0.00010282 0.00947097 1.10% Pipeline 28,309,000 28,309,000 - - 0.00010238 0.00942997 1.10% Total 13,203,596,280 13,126,686,280 (76,910,000) (919,475.08) 1 Includes any special are charges that could be applicable 2 Based on GL Tax Rate w/NRH Taxable + Increase to GL Rate Required w/NRH Exempt, including special area charges Combined Impact on Typical Household ($221,000) in St Catharines Scenario Region General Levy Region WM Levy LAM Levy Education Levy Total Levy $ Change from Status Quo % Change from Status Quo 1 1,285.26 157.27 1,417.98 415.48 3,275.99 - 0.00% 2 1,274.21 158.75 1,431.27 415.48 3,279.71 3.72 0.11% 3 1,293.38 158.75 1,417.98 415.48 3,285.59 9.60 0.29% 4 1,293.38 157.27 1,417.98 415.48 3,284.11 8.12 0.25% 5 1,285.26 158.75 1,417.98 415.48 3,277.47 1.47 0.04%Page 197 of 340 CSD 36-2016 Appendix I October 19, 2016 Page 20 Appendix I - Estimated Impacts of NRH Exemption on LAM Taxation Thorold Property Class Assessment w/ NRH Taxable Assessment w/ NRH Exempt Difference Revenue Shortfall1 Increase to GL Rate Required Resulting GL Tax Rate2 Estimated % Increase in Tax Rate Residential 1,560,310,377 1,560,310,377 - - 0.00001093 0.00572106 0.19% New Multi-Residential 57,221,000 57,221,000 - - 0.00001093 0.00572106 0.19% Multi-Residential 39,459,780 37,646,780 (1,813,000) (24,122.24) 0.00002234 0.01169385 0.19% Farm 45,755,200 45,755,200 - - 0.00000273 0.00143026 0.19% Managed Forest 533,800 533,800 - - 0.00000273 0.00143026 0.19% Commercial 151,806,677 151,806,677 - - 0.00001922 0.01006105 0.19% Commercial Vacant 4,979,500 4,979,500 - - 0.00001345 0.00704274 0.19% Commercial Excess 3,675,230 3,675,230 - - 0.00001345 0.00704274 0.19% Industrial 58,663,377 58,663,377 - - 0.00002875 0.01504639 0.19% Industrial Vacant 14,169,000 14,169,000 - - 0.00001869 0.00978015 0.19% Industrial Excess 3,729,769 3,729,769 - - 0.00001869 0.00978015 0.19% Pipeline 22,508,000 22,508,000 - - 0.0000186 0.00973781 0.19% Total 1,962,811,710 1,960,998,710 (1,813,000) (24,122.24) 1 Includes any special are charges that could be applicable 2 Based on GL Tax Rate w/NRH Taxable + Increase to GL Rate Required w/NRH Exempt, including special area charges Combined Impact on Typical Household ($225,942) in Thorold Scenario Region General Levy Region WM Levy LAM Levy Education Levy Total Levy $ Change from Status Quo % Change from Status Quo 1 1,314.00 146.86 1,470.74 424.77 3,356.37 - 0.00% 2 1,302.70 147.10 1,473.21 424.77 3,347.79 (8.58) -0.26% 3 1,322.30 147.10 1,470.74 424.77 3,364.92 8.55 0.25% 4 1,322.30 146.86 1,470.74 424.77 3,364.67 8.30 0.25% 5 1,314.00 147.10 1,470.74 424.77 3,356.61 0.25 0.01%Page 198 of 340 CSD 36-2016 Appendix I October 19, 2016 Page 21 Appendix I - Estimated Impacts of NRH Exemption on LAM Taxation Wainfleet Property Class Assessment w/ NRH Taxable Assessment w/ NRH Exempt Difference Revenue Shortfall1 Increase to GL Rate Required Resulting GL Tax Rate2 Estimated % Increase in Tax Rate Residential 754,583,700 754,583,700 - - 0 0.00595788 0.00% New Multi-Residential - - - - 0 0.00595788 0.00% Multi-Residential 456,000 456,000 - - 0 0.01217791 0.00% Farm 116,317,500 116,317,500 - - 0 0.00148947 0.00% Managed Forest 961,000 961,000 - - 0 0.00148947 0.00% Commercial 15,791,131 15,791,131 - - 0 0.01047753 0.00% Commercial Vacant 210,700 210,700 - - 0 0.00733427 0.00% Commercial Excess 666,769 666,769 - - 0 0.00733427 0.00% Industrial 3,254,600 3,254,600 - - 0 0.01566922 0.00% Industrial Vacant 70,000 70,000 - - 0 0.01018500 0.00% Industrial Excess 112,500 112,500 - - 0 0.01018500 0.00% Pipeline 4,721,000 4,721,000 - - 0 0.01014091 0.00% Total 897,144,900 897,144,900 - - 1 Includes any special are charges that could be applicable 2 Based on GL Tax Rate w/NRH Taxable + Increase to GL Rate Required w/NRH Exempt, including special area charges Combined Impact on Typical Household ($247,103) in Wainfleet Scenario Region General Levy Region WM Levy LAM Levy Education Levy Total Levy $ Change from Status Quo % Change from Status Quo 1 1,437.06 165.09 1,472.21 464.55 3,538.92 - 0.00% 2 1,424.71 165.09 1,472.21 464.55 3,526.57 (12.35) -0.35% 3 1,446.14 165.09 1,472.21 464.55 3,548.00 9.08 0.26% 4 1,446.14 165.09 1,472.21 464.55 3,548.00 9.08 0.26% 5 1,437.06 165.09 1,472.21 464.55 3,538.92 - 0.00%Page 199 of 340 CSD 36-2016 Appendix I October 19, 2016 Page 22 Appendix I - Estimated Impacts of NRH Exemption on LAM Taxation Welland Property Class Assessment w/ NRH Taxable Assessment w/ NRH Exempt Difference Revenue Shortfall Increase to GL Rate Required Resulting GL Tax Rate2 Estimated % Increase in Tax Rate Residential 3,544,555,699 3,528,773,699 (15,782,000) (118,476.42) 0.00007676 0.00758382 1.02% New Multi-Residential 7,060,000 3,253,000 (3,807,000) (28,579.38) 0.00007676 0.00758382 1.02% Multi-Residential 163,994,500 150,361,500 (13,633,000) (209,190.61) 0.0001569 0.01550133 1.02% Farm 13,903,400 13,903,400 - - 0.00001919 0.00189596 1.02% Managed Forest 652,900 652,900 - - 0.00001919 0.00189596 1.02% Commercial 323,591,300 323,591,300 - - 0.00013499 0.01333691 1.02% Commercial Vacant 12,698,400 12,698,400 - - 0.00009449 0.00933583 1.02% Commercial Excess 5,061,790 5,061,790 - - 0.00009449 0.00933583 1.02% Industrial 63,384,800 63,384,800 - - 0.00020188 0.01994545 1.02% Industrial Vacant 2,996,600 2,996,600 - - 0.00013122 0.01296454 1.02% Industrial Excess 1,985,300 1,985,300 - - 0.00013122 0.01296454 1.02% Pipeline 18,827,000 18,827,000 - - 0.00013065 0.01290842 1.02% Total 4,158,711,689 4,125,489,689 (33,222,000) (356,246.41) 1 Includes any special are charges that could be applicable 2 Based on GL Tax Rate w/NRH Taxable + Increase to GL Rate Required w/NRH Exempt, including special area charges Combined Impact on Typical Household ($196,325) in Welland Scenario Region General Levy Region WM Levy LAM Levy Education Levy Total Levy $ Change from Status Quo % Change from Status Quo 1 1,141.76 169.08 1,473.82 369.09 3,153.75 - 0.00% 2 1,131.94 170.81 1,488.89 369.09 3,160.74 6.99 0.22% 3 1,148.97 170.81 1,473.82 369.09 3,162.70 8.94 0.28% 4 1,148.97 169.08 1,473.82 369.09 3,160.97 7.21 0.23% 5 1,141.76 170.81 1,473.82 369.09 3,155.48 1.73 0.05%Page 200 of 340 CSD 36-2016 Appendix I October 19, 2016 Page 23 Appendix I - Estimated Impacts of NRH Exemption on LAM Taxation West Lincoln Property Class Assessment w/ NRH Taxable Assessment w/ NRH Exempt Difference Revenue Shortfall1 Increase to GL Rate Required Resulting GL Tax Rate 2 Estimated % Increase in Tax Rate Residential 1,289,450,000 1,289,450,000 - - 0 0.00351143 0.00% New Multi-Residential - - - - 0 0.00351143 0.00% Multi-Residential 6,431,500 6,431,500 - - 0 0.00717736 0.00% Farm 261,247,200 261,247,200 - - 0 0.00087786 0.00% Managed Forest 1,194,400 1,194,400 - - 0 0.00087786 0.00% Commercial 62,172,238 62,172,238 - - 0 0.00617520 0.00% Commercial Vacant 1,165,000 1,165,000 - - 0 0.00432264 0.00% Commercial Excess 1,176,967 1,176,967 - - 0 0.00432264 0.00% Industrial 22,347,795 22,347,795 - - 0 0.00923506 0.00% Industrial Vacant 595,300 595,300 - - 0 0.00600279 0.00% Industrial Excess 419,000 419,000 - - 0 0.00600279 0.00% Pipeline 25,003,000 25,003,000 - - 0 0.00597681 0.00% Total 1,671,202,400 1,671,202,400 - - 1 Includes any special are charges that could be applicable 2 Based on GL Tax Rate w/NRH Taxable + Increase to GL Rate Required w/NRH Exempt, including special area charges Combined Impact on Typical Household ($305,117) in West Lincoln Scenario Region General Levy Region WM Levy LAM Levy Education Levy Total Levy $ Change from Status Quo % Change from Status Quo 1 1,774.45 160.58 1,140.57 573.62 3,649.22 - 0.00% 2 1,759.20 160.58 1,140.57 573.62 3,633.96 (15.25) -0.42% 3 1,785.66 160.58 1,140.57 573.62 3,660.43 11.21 0.31% 4 1,785.66 160.58 1,140.57 573.62 3,660.43 11.21 0.31% 5 1,774.45 160.58 1,140.57 573.62 3,649.22 - 0.00%Page 201 of 340 PBD-2018-39 July 10, 2018 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2018-39 Matters Arising from Municipal Heritage Committee 2018 Designated Property Grant Doran/Marshall/Burke House 4851 River Road Carriage Doors on Coach House RECOMMENDATION That Council approve the replacement of the carriage doors at 4851 River Road as it will assist in the overall preservation of the Coach House and a grant of $3,250 and not to exceed $5,000. BACKGROUND The owner has submitted an application to assist with the cost of replacing the carriage doors on the Coach House, which is listed as one of the heritage attributes of the property. The original owner W.L. Doran was a prominent business man operating the Dominion Suspender Factory downtown. The second owner was John W. Marshall, a well -known educator and senior inspector of Public schools. It was designated in 1986 by By -law No. 86-65 and updated by By-law No. 2014-147. The Doran/Marshall/Burke House and accompanying Coach House are excellent examples of a Queen Anne Revival style dating from the late 1880's. Constructed of yellow brick, the house features a sweeping curved verandah, round corner tower and multi gabled roof. HERITAGE ATTRIBUTES: • Queen Anne Revival style • Constructed of yellow brick. • Two-storey Coach House • Corner tower and multi gabled roof • Curved verandah • Scalloped shingles • Dentils • Eave brackets with acorn drops A two storey coach house, built with similar yellow brick i s located in the northwest corner of the property. It is an “L” shaped building, with the longest section extending towards the south end of the property. The longest section of the structure features a Page 202 of 340 2 PBD-2018-39 July 10, 2018 medium-pitch hip roof with a shingle dressed shed dormer. The roof is cedar shingles which were restored in 2011. The carriage doors are on the south elevation of the building and the proposed doors will feature four small windows near the top and will slide on a rail to open and close. ANALYSIS/RATIONALE The Municipal Heritage Committee met on June 27 and made the following motion: “That the Committee supports the project to replace the carriage doors on the Coach House as the design submitted would be appropriate and will not alter the reasons for designation of the property.” This type of work would be acceptable to the Committee as it is necessary work to assist in preservation and to prevent deterioration of the building. The Grant Guidelines consider eligible exterior projects to include the conse rvation or accurate reproduction or restoration of significant architectural features such as doors and windows. Despite the Committee not having any photographic evidence as to what the original doors would have looked like, the owner advised the Committee in 2016, that the original doors were removed in 1979 and were described as tongue and groove with 4 lights at the top of the doors. The Committee had an extensive discussion and did agree that the proposed doors would not be inconsistent with what may have existed. The Committee also agreed that the proposed doors would not affect the reasons for designation. The new doors would be made of Red Grandis, which is an alternative to mahogany, cherry wood or Spanish cedar. This wood is recommended for use in doors, outdoor furniture and millwork. FINANCIAL IMPLICATIONS The cost of the total project, as quoted by Kingswood Millwork and Design, is $6,500 + HST so the eligible grant amount based on 50% cost sharing (to a maximum of $5,000) would be $3,250. LIST OF ATTACHMENTS  Schedule 1 - Photo of existing Carriage Doors on Coach House  Schedule 2 - Sketch of proposed doors Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer PB:gd Attach. S:\PDR\2018\PBD-2018-39, Matters Arising from MHC, DPG-4851 River Road.docx Page 203 of 340 3 PBD-2018-39 July 10, 2018 SCHEDULE 1 Page 204 of 340 4 PBD-2018-39 July 10, 2018 SCHEDULE 2 Page 205 of 340 PBD-2018-40 July 10, 2018 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2018-40 PLC-2018-002, Request for Removal of Part Lot Control Lots 15 and 19, Plan 59M-427 Southgate Estates Plan of Subdivision Applicant: Zaph Developments (Niagara) Inc. RECOMMENDATION That Council approve the request and pass the by-law included in tonight’s agenda to designate Lots 15 and 19, Registered Plan 59M-427, as exempt from Part Lot Control for a period of two years. EXECUTIVE SUMMARY Zaph Development (Niagara) Inc. has requested that Council pass a by-law to exempt the subject lands from being subject to Part Lot Control to allow the sale of the individual dwelling units of the 2 semi-detached dwellings which are under construction. The request can be supported based on the following.  The use of this Planning Act mechanism is an acceptable alternative to a consent because the lots are located within a registered subdivision;  The zoning permits the proposed parcel sizes; and  The by-law will permit a deed to be created for each parcel containing a dwelling unit and permit each property to be sold. BACKGROUND Zaph Development (Niagara) Inc. has submitted a request to have Part Lot Control lifted from Lots 15 and 19, Registered Plan 59M-427 (known as the Southgate Estates plan of subdivision). The subject lands are illustrated on Schedule 1. The removal of Part Lot Control is a planning tool that is intended to allow minor boundary adjustments to lots within registered plans of subdivision. In this case, the removal of Part Lot Control is requested to allow the creation of 4 separate parcels for 4 semi-detached dwelling units which are currently under construction. Refer to Schedule 2 and 3 for further details. Page 206 of 340 2 PBD-2018-40 July 10, 2018 ANALYSIS/RATIONALE The subject lands are located within the Southgate Estates plan of subdivision (59M-427) which was registered on July 26, 2016. The subdivision contains a mix of lots for single detached dwellings and semi-detached dwellings. The subject lands are zoned Residential Mixed (R3-972) by Zoning By-law No. 79-200, as amended by By-law No. 2012-133. The proposed parcels comply with the zoning regulations. The covered porch for the semi-detached dwelling shown hatched on Part 2 of Lot 19 on Schedule 3, projects 2.66 metres into the required front yard. Zoning By-law No. 79-200 allows a covered porch to project 2.5 metres into the required front yard. To address the zoning issue the applicant will be submitting a minor variance application to the Committee of Adjustment Part Lot Control provisions under the Planning Act prevent lands that are within a registered plan of subdivision from being further divided without a consent to sever. Municipalities have the ability to exempt lots from Part Lot Control to allow lot lines to be reconfigured or part of a lot to be conveyed without a consent. Approval of a Part Lot Control by-law is requested so that each unit in the semi-detached can be sold with its own parcel of land. Part Lot Control has been requested to be lifted for two years to allow for flexibility in scheduling real estate closing dates and to consider market absorption of the units. This time period should be sufficient time to allow units to be absorbed by the market. FINANCIAL/STAFFING/LEGAL IMPLICATIONS As Development Charges have already been collected, there are no financial implications. CITY’S STRATEGIC COMMITMENT Council’s priority is to strengthen and promote economic development in the City. The application is consistent with this priority. LIST OF ATTACHMENTS  Schedule 1 - Subdivision Plan  Schedule 2 - Lot 15  Schedule 3 - Lot 19 Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer A.Dilwaria:mb Attach. H:\PBD-2018-09, PLC-2018-002, Request for Removal of Part Lot Control Southgate Estates.docx Page 207 of 340 3 PBD-2018-40 July 10, 2018 SCHEDULE 1 Page 208 of 340 4 PBD-2018-40 July 10, 2018 SCHEDULE 2 Page 209 of 340 5 PBD-2018-40 July 10, 2018 SCHEDULE 3 Page 210 of 340 PBD-2018-45 July 10, 2018 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2018-45 Modification to Draft Plan Approval for Terravita Subdivision 6486 Mountain Road Applicant: Kenmore Homes (Niagara Falls) Inc. (Jennifer Kaufman) Agent: Upper Canada Consulting (Jennifer Vida) RECOMMENDATION 1. That subject to subsection 45(47) of the Planning Act, 1990 R.S.O., Council consider passing the resolution on tonight’s agenda to deem the changes requested by Kenmore Homes (Niagara Falls) Inc. to the Draft Plan for Terravita subdivision minor; 2. That the modified Plan of Terravita Subdivision be draft approved subject to the modified conditions in Appendix A; 3. That the Mayor or designate be authorized to sign the modified 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; and 4. That a modified draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and granted by Council. EXECUTIVE SUMMARY Kenmore Homes (Niagara Falls) Inc. is requesting Council to consider passing a resolution to allow minor modifications to the approved draft plan of subdivision (Terravita) and allow revisions to the conditions of draft plan approval. The modifications to the plan are requested to allow lots with greater lot area than previously approved. The revised draft plan provide 80 lots for single detached dwellings whereas the currently approved plan provides 82 lots. Planning staff recommends the applications, for the following reasons:  The proposal complies with Provincial and Regional policies representing an efficient use of urban serviced land and existing infrastructure and will also aid the City in meeting its 40% intensification targets for the Built-Up Area;  The lands are designated Residential in the City’s Official Plan. The predominant use of land in areas designated Residential shall be for dwelling units of all types catering to a wide range of households;  The Plan encourages the development of vacant land and under-utilized parcels for more efficient use; Page 211 of 340 2 PBD-2018-45 July 10, 2018  The requested modifications to the approved draft plan are fairly minor and no alterations are proposed to the road pattern;  The existing and planned infrastructure can support the proposed development;  The proposed development will assist in providing housing choices and will contribute to the City’s required short-term housing supply. BACKGROUND Proposal On January 23, 2018 (PBD-2018-06), Council approved applications for a Zoning By-law Amendment (AM-2017-018) and a Draft Plan of Subdivision (26T-11-2017-003) for a 0.82 hectare parcel of land located on the south side of Mountain Road (See Schedule1). Council approved the requested zoning by-law amendment to change the zoning of the lands to Residential Single Family (R1E-1055) Density zone, with site specific regulations to allow the development of 82 single detached dwellings. The draft plan was also approved with a lapsing date of three years. The existing draft plan approval lapses on February 20, 2021. The applicant now wishes to make minor modifications to the approved draft plan. The modifications are requested to allow lots with larger lot area than previously proposed. An increase in the lot areas has resulted in a reduction in the total number of lots in the subdivision to 80 from 82. Typically changes to a draft plan would require written notice under the Planning Act, however subsection 45(47) of the Planning Act, 1990 R.S.O allows a municipality to forgo the requirement of circulation of a written notice if Council deems the changes to be minor. To deem the changes minor, a Council resolution is required. If Council approves the modification to the draft plan it would still be subject to all the normal Planning Act requirements for appeal rights. ANALYSIS/RATIONALE 1. Provincial Policy Statement and Growth Plan The Planning Act requires City planning decisions to comply with Provincial policies. These policies direct municipalities to facilitate residential intensification within urban areas to help meet intensification targets. The subject lands are located within the Settlement Area under the 2014 Provincial Policy Statement (PPS) and within the Built-Up Area under 2017 Places to Grow, for the Greater Golden Horseshoe (Growth Plan). The subject lands are currently underutilized. The proposed development is a form of residential intensification promoted by the Province and will aid the City in achieving 40%intensifiaction target within the Built-Up Area. 2. Official Plan The subject lands are designated Residential in the City’s Official Plan. The Plan contains a hierarchy of density guidelines for different types of residential development. The Plan allows the development of a variety of housing types, including single and semi-detached dwellings, street townhouses, block townhouses Page 212 of 340 3 PBD-2018-45 July 10, 2018 and other compatible housing forms up to a maximum density of 40 units per hectare with a minimum density of 20 units per hectare along local and collector roads. The revised plan with a density of 22.22 units per hectare complies with the Official Plan. The proposed development is compatible with the surrounding low-density residential land uses. The subdivision is adjacent to Mountain Road which is an arterial road, intended to carry higher traffic volumes and provides access to other parts of the City. The proposed subdivision will assist the City in meeting future housing needs in this district. As such, the development is considered to be in compliance with the Official Plan. 3. Zoning By-law Amendment The modified draft plan complies will comply with all the zoning by-law regulations of Zoning By-law No. 79-200, as amended by By-law No. 2018-024 which was approved by Council on February 27, 2018. 4. Subdivision Design and Conditions of Approval The subdivision provides 80 lots for single detached dwellings. The modified plan does not propose any alteration to the proposed road pattern The revised conditions are included in Appendix A. 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 development supports the Vibrant and Well Planned City Strategic Priority. LIST OF ATTACHMENTS  Schedule 1 – Location Map  Schedule 2 – Approved Draft Plan  Schedule 3 – Modified Draft Plan  Appendix A – Conditions for Draft Plan Approval Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer A.Dilwaria:mb Attach. S:\PDR\2018\PBD-2018-45, Redline Revisions to Draft Plan Approval (Terravita Subdivision).docx Page 213 of 340 4 PBD-2018-45 July 10, 2018 SCHEDULE 1 Page 214 of 340 5 PBD-2018-45 July 10, 2018 SCHEDULE 2 Page 215 of 340 6 PBD-2018-45 July 10, 2018 SCHEDULE 3 Page 216 of 340 7 PBD-2018-45 July 10, 2018 REVISED APPENDIX A Conditions of Draft Approval 1. Approval applies to the Terravita Draft Plan of Subdivision prepared by The Larocque Group, dated May 7, 2018, showing 80 lots for single detached dwellings and a block for road widening. 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 and the proposed road allowances be dedicated as public highways; (b) A sidewalk to be constructed on the northerly and westerly side of Lucia Drive of the development, all to the City’s satisfaction; (c) A sidewalk to be constructed on the southerly side of Colangelo Drive of the development, all to the City’s satisfaction; (d) Dedication of the daylighting triangles with 5 metre legs at all internal intersections; (e) Speed control measures within the subdivision to the satisfaction of Transportation Services, including speed bumps between Lots 29 and 30, Lots 40 and 41, Lots 76 and 77; (f) The streets named to the City’s satisfaction; (g) Provision of water distribution, sanitary sewer and storm sewer systems in accordance with the Ministry of the Environment and Climate Change (MOECC) Guidelines and City Standards; (h) Testing of the watermains shall be completed in the presence of a Certified Water operator using the City’s Watermain Commissioning Checklist; (i) The proposed watermain should be looped connecting the existing watermain on Mountain Road (at Lucia Drive) to the watermain stub on Lucia Drive (established by Colangelo Estates); (j) The proposed watermain be looped connecting the existing watermain (at Street A) on Mountain Road to the watermain stub on Colangelo Drive and continue south to the proposed watermain on Lucia Drive; (k) The proposed 150mm diameter watermain on Street B be connected to the proposed 200mm diameter watermain on Lucia Drive in 2 locations; (l) Submission of the hydrant coverage drawing to ensure adequate fire protection; (m) 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; Page 217 of 340 8 PBD-2018-45 July 10, 2018 (n) Provision of an overland stormwater flow route, designed within the right-of-way for major storm events and constructed in accordance with the MOECC and City Standards; (o) Application of the City’s Lot Grading and Drainage Policy in accordance with the City Standards; (p) The street lighting shall be designed in accordance with the City’s specification (as amended April 2016); and (q) The developer shall prepare a street lighting drawing and photometric plan to demonstrate compliance with City’s standards. 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 (80 single lots) as per the City’s Development Charges By-law No. 2014-87. 7. The developer grant the City and public utility companies any easements required to service the subdivision. 8. The developer submit the digital data and contract documents in accordance with the City CAD standards, and itemized in accordance with the City Schedule of Quantities and Unit Prices format. 9. The developer pay the required fees for Engineering Inspection and Administration for the subdivision. 10. The developer accommodate the provision of one boulevard tree per lot and two boulevard trees per corner lot and pay to the City $350 per tree for this provision, in accordance with City policy. 11. The developer submit a landscape plan showing landscaping, fencing and entry features to the satisfaction of Parks Design. 12. The developer pay the City cash-in-lieu of 5% parkland dedication as determined by a qualified appraiser. 13. The developer provides a close board fence along the easterly lot line of 6570 Mountain Road and 2431 Colangelo Drive to the satisfaction of the City. 14. The developer plants tress along the common lot line between 6570 Mountain Road, 2431 Colangelo Drive and Lots #1 to 6 (inclusive) to the satisfaction of the City. 15. That parking restrictions be imposed to Fire Services satisfaction prohibiting parking on one side of the road where the asphalt width is less than 8 m or on one side of the road. The subdivision agreement is to specify the supply and installation of no parking signage is to be at the cost of the developer. Page 218 of 340 9 PBD-2018-45 July 10, 2018 16. 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. 17. That adequate water supply for the firefighting purposes shall be immediately available and accessible with sufficient volume and/or flow to facilitate firefighting operations prior to the construction of buildings. 18. The developer receive final approval of the Zoning By-law amendment to provide regulations to guide the development of the subdivision. 19. 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. 20. The developer provide four 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. 21. 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 available. In the event that such infrastructure is not available, the developer shall 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 the above noted connection, the developer shall be required to demonstrate to the satisfaction of the municipality that sufficient alternative communication/telecommunication facilities will be provided to enable, at a minimum, the effective delivery of communication/telecommunication services for emergency management services (i.e. 911 Emergency Services). 22. That Community Mail Boxes (CMBs) be located at the side yard of Lot #53 – 3 Modules and side yard of lot # 12 – 3 Modules, and that the developer identify these sites on a display in the sales office prior to offering any units for sale. 23. The developer agree in the Subdivision Agreement, in words satisf actory to Canada Post, to grant to Canada Post any easements that may be required for the installation of CMBs on private property. 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 CMB. The developer also agrees to note the locations of all CMBs within the development, and to notify affected homeowners of any established easements granted to Canada Post to permit access to CMBs. 25. The developer satisfy all requirements of Canada Post regarding concrete pads for CMBs, temporary CMBs, walkways to CMBs, curb depressions for wheelchair access, informing potential homeowners of CMB locations, timing of construction and identification of CMBs and related works on engineering servicing drawings. Page 219 of 340 10 PBD-2018-45 July 10, 2018 26. 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. 27. 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. 28. The developer provide Enbridge Gas Distribution with the necessary easements in the event they are required to service the development. 29. Prior to Hydro One Networks Inc. (HONI) providing its final approval, the developer must make arrangements satisfactory to HONI for lot grading and drainage. Digital copies of lot grading and drainage plans (true scale), showing existing and final grades, must be submitted to HONI for review and approval. Drawings must identify the transmission corridor, location of towers within the corridor. Drainage must be controlled and directed away from the Ontario Infrastructure & Lands Corporation (OILC)/HONI transmission corridor. 30. Any development in conjunction with the subdivision must not block vehicular access to any HONI facilities located on the transmission corridor. During construction, there must be no storage of materials or moulding of earth, snow or other debris on the transmission corridor. 31. Temporary fencing must be installed along the transmission corridor, at the developer’s expense, prior to the start of construction and a permanent fencing must be erected along the common property line after construction is completed. 32. The cost of any relocation or revisions to HONI facilities which are necessary to accommodate this subdivision will be borne by the developer. The developer will be responsible for restoration of any damage to the transmission corridor or HONI facilitates thereon resulting from construction of the subdivision. 33. HONI’s letter of November 21, 2017 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 satisf actory 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 Page 220 of 340 11 PBD-2018-45 July 10, 2018 transmission corridor is not to occur until the legal transfer(s) of lands or interest are completed. 34. 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 Ac t, require that no object be brought closer than 6 metres (20 feet) to an energized 500 kV 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. That the Stage 3 Archaeological Assessment for AgGs-401 and AgGs-402, prepared by a licensed Archaeologist, be submitted to the Niagara Region, and that the Stage 4 Archaeological Assessment for AgGs-401 and AgGs-402, prepared by a licensed Archaeologist, be completed and submitted to the Ministry of Tourism, Culture and Sport and the Niagara Region.. All report must be accepted by the MTCS, to the satisfaction of Niagara Region, before this condition will be cleared. It should be no ted that subsequent Stage 4 assessment may be recommended for one or both sites to mitigate any adverse impacts to significant archaeological resources found on the site through preservation or resource removal and documentation. If the Archaeologist recommends further Assessments, these report(s) must also be submitted to and accepted by the MTCS, to the satisfaction of Niagara Region, before this condition can be cleared. NOTE: No demolition, grading or other soil disturbances shall take place on the subject property prior to the issuance of a letter from the MTCS confirming that all archaeological resource concerns have been mitigated and meet licensing and resource conservation requirements. 36. That the following clause be included in the subdivision agreement: "Should deeply buried archaeological remains/resources be found on the property during construction activities, all activities impacting archaeological resources must cease immediately , notify the Archaeology Programs Unit of the Ontario Ministry of Tourism, Culture and Sport (MTCS) (416-212-8886) and a licensed archaeologist (owner’s archaeology consultant) is required to carry out an archaeological assessment in accordance with the Ontario Heritage Act and the Standards and Guidelines for Consultant Archaeologists. In the event that human remains are encountered during construction, all activities must cease immediately and the local police as well as Cemeteries Regulation Unit of the Ministry of Government and Consumer Services in Toronto (416-326-8392), must be contacted. In the situations where human remains are associated with archaeology resources, MTCS should be notified to ensure that the site is not subject to unlicensed alteration which would be a contravention of the Ontario Heritage Act. 37. That a detailed noise study based on the current draft plan of subdivision (October 4, 2017), prepared and endorsed by a qualified professional engineer or acoustical Page 221 of 340 12 PBD-2018-45 July 10, 2018 consultant, be submitted to the Niagara Region for review and approval. The deta iled noise study should confirm the recommended mitigation outlined in the Noise Feasibility Study, prepared by HGC Engineering (dated September 26, 2017), when detailed grading information is available. 38. That the subdivision agreement include clause(s) requiring the owner to implement the final recommendations of the Detailed Noise Study required by the previous condition, to the satisfaction of Niagara Region. NOTE: As recommended in the Noise Feasibility Study, prepared by HGC Engineering (dated Septem ber 26, 2017), prior to issuance of building permits and occupancy permits, the building inspector or a Professional Engineer qualified to perform acoustical engineering services in the Province of Ontario should certify that the noise control measures have been properly incorporated, installed and constructed. Clauses will be required in the subdivision agreement to this effect. 39. That the owner dedicate a three (3) metre road widening to the Regional Municipality of Niagara along the frontage of Regional Road 101 (Mountain Road), free and clear of any mortgages, liens or other encumbrances, and assumes all costs for the providing the necessary survey plan and all related documents, all to the satisfaction of the Niagara Region. 40. That the owner dedicate 4.5m x 4.5m daylight triangles on both sides of the proposed streets (Street ‘A’ and Lucia Drive) intersecting with Regional Road 101 (Mountain Road), to the Regional Municipality of Niagara, free and clear of any mortgages, liens or other encumbrances, and assumes all costs for the providing the necessary survey plan and all related documents, all to the satisfaction of the Niagara Region. 41. That the owner deed a one-foot reserve (0.30 metre) to the Regional Municipality of Niagara along all lots fronting Regional Road 101 (Mountain Road) including the daylight triangles, free and clear of any mortgages, liens or other encumbrances, and assumes all costs for the providing the necessary survey plan and all related documents, all to the satisfaction of the Niagara Region 42. That prior to any construction taking place within the Regional road allowance the owner shall obtain the required Regional Permits (Construction Encroachment, Entrance and Sign Permits). 43. That the owner promptly acknowledges that draft approval does not include a commitment of servicing allocation by the Niagara Region as this servicing allocation will be assigned at the time of final approval of the subdivision for registration purposes and any pre-servicing will be at the sole risk/responsibility of the developer. 44. That the owner promptly provide the Niagara Region with a written undertaking that all offers and agreements of purchase and sale, which may be negotiated prior to registration of this subdivision, shall contain a clause clearly indicating that a servicing allocation for this subdivision will not be assigned until the plan is granted final approval for registration, and a similar clause be inserted in the subdivision agreement between the owner and the City. Page 222 of 340 13 PBD-2018-45 July 10, 2018 45. That the applicant submit a complete Ministry of Environment and Climate Change(MOECC) application with detailed drawings and calculations for review and approval of the proposed sanitary and storm sewer systems for the development and receive the appropriate MOECC Environmental Compliance Approvals. 46. That the applicant shall provide a copy of the necessary MOECC Environmental Compliance Approvals which were acquired through any direct application to the MOECC. 47. That prior to approval of the final plan or any on-site grading, the owner shall submit a detailed stormwater management plan for the subdivision and the following plans designed and sealed by a qualified professional engineer in accordance with the MOECC documents entitled Stormwater Management Planning and Design Manual, March 2003 and Stormwater Quality Guidelines for New Development, May 1991, or their successors to the Niagara Peninsula Conservation Authority for review and approval, with a copy provided to the Niagara Region: i. Detailed lot grading, servicing and drainage plans, noting both existing and proposed grades and the means whereby overland flows will be accommodated across the site; and, ii. Detailed erosion and sedimentation control plans. NOTE: The Niagara Region may request the Niagara Peninsula Conservation Authority review the detailed lot grading and drainage plan as well as the detailed sediment and erosion control plan on the Region’s behalf and to submit comments to the Niagara Region regarding the approval of these plans and the subsequent clearance of related conditions by the Region. Please also note that NPCA’s fee for review of stormwater management plans is in addition to the Region’s final clearance fee. 48. That the plan complies with the Niagara Region’s Waste Collection Policy. Note: for any development phasing, the owner shall create appropriate temporary waste collection turnaround(s) at the end of each dead end street(s), to permit Regional waste collection or confirm that waste collection will be the owner’s responsibility. 49. That the subdivision agreement between the owner and the City of Niagara Falls contain a provision whereby the owner agrees to obtain a certificate from an Ontario Land Surveyor stating that all existing and new survey evidence is in place at the completion of the development. Notes Prior to granting final plan approval, the City must be in receipt of written confirmation that the requirements of each condition have been met and all fees have been paid to the satisfaction of the Niagara Region. Prior to final approval for registration, a copy of the executed subdivision agreement for the proposed development should be submitted to the Niagara Region for Page 223 of 340 14 PBD-2018-45 July 10, 2018 verification that the appropriate clauses pertaining to any of these conditions have been included. NOTE: The Niagara Region recommends that a copy of the draft agreement also be provided in order to allow for the incorporation of any necessary revision prior to execution. 50. In order to request clearance of the above noted Regional conditions, a letter outlining how the conditions have been satisfied, together with all studies and reports (two hard copies and a PDF digital copy), the applicable review fee, and the draft subdivision agreement shall be submitted to the Niagara Region by the applicant as one complete package, or circulated to the Niagara Region by the City of Niagara Falls. 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 10 inclusive, 14 Landscape Architect for Conditions 11 and 14 Transportation Services for Condition 4 Fire Services for Conditions 15 to 17 Inclusive Planning and Development Services for Conditions 18 to 20 inclusive Bell Canada for Condition 21 Canada Post for Conditions 22 to 25 inclusive Enbridge Gas Distribution Inc. for Conditions 26 to 28 inclusive Hydro One 29 to 34 inclusive Regional Municipality of Niagara for Conditions 35 to 50 inclusive S:\ZONING\AMS\2017\AM-018\APPENDIX 1.docx Page 224 of 340 R&C-2018-13 July 10, 2018 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Recreation & Culture SUBJECT: R&C-2018-13 2018 Sports Wall of Fame Inductees RECOMMENDATION That Council approve the following 2018 Sports Wall of Fame Inductees: Pre 1990 Era: Name Category Sport Ernest (Ernie) Reinhart & Emil (Sonny) Badovinac Builder Slo-Pitch 1991 – Present Era: Name Category Sport Ron Gallen Builder Boxing Gary MacDonald Builder Rugby Chris MacKenzie Builder Hockey Laura MacKenzie Athlete Hockey St. Michael Catholic High School Sr. Boys Soccer Team, 2008 Team Soccer EXECUTIVE SUMMARY The Sports Wall of Fame Committee annually hosts the Niagara Falls Sports Wall of Fame Induction Ceremony. Induction into the Sports Wall of Fame is a special honour that recognizes the significant athletic achievements and contributions of those in our community who has brought fame to our City. The 2018 Sports Wall of Fame Induction Ceremony is scheduled for Sunday, January 27, 2019 at 2:00 pm in the Gale Centre. BACKGROUND For the past 29 years, the Sports Wall of Fame Committee has hosted the Niagara Falls Sports Wall of Fame Induction Ceremony. Induction into the Sports Wall of Fame is a great honour bestowed on our athletes, builders, teams and sponsors. More than 300 people attend the event each year and the Committee works to gather sponsors to Page 225 of 340 2 R&C-2018-13 July 10, 2018 cover the cost of the program and the reception. The Committee hosts the event at the Gale Centre where the Sports Wall of Fame and Virtual Sports Wall of Fame are currently located. ANALYSIS/RATIONALE The City of Niagara Falls Sports Wall of Fame Committee is pleased to acknowledge the contributions of our athletes, builders, teams and sponsors that have brought fame to themselves and to our City. The Sports Wall of Fame Committee is reviewing the Constitution this fall. FINANCIAL/STAFFING/LEGAL IMPLICATIONS City staff will coordinate the Induction Ceremony and have budgeted $4,690 for the plaques and items required to host the event. As noted above, the Committee works to gather sponsors to cover costs of the program and the reception. CITY’S STRATEGIC COMMITMENT The City’s Strategic Priorities for 2015-2018 include committing to building and promoting a vibrant, sustainable city that supports an active, connected, and creative community. ATTACHMENT 1. 2018 Sports Wall of Fame Inductees’ Achievements Recommended by: Kathy Moldenhauer, Director of Recreation and Culture Respectfully submitted: Ken Todd, Chief Administrative Officer Page 226 of 340 R&C-2018-13 Attachment #1 2018 Sports Wall of Fame Inductees’ Achievements Pre 1990 Era Name Category Sport Brief Bio Ernest (Ernie) Reinhart & Emil (Sonny) Badovinac Builder Slo-Pitch Registered Slo-Pitch Canada as a non-profit organization and brought Slo-Pitch to Niagara Falls. Organized a league and large tournaments, benefitting Niagara Falls athletics and tourism. 1991- Present Era Name Category Sport Brief Write Up Ron Gallen Builder Boxing Involved in Boxing community for almost 40 yrs. Coached over 150 competitive boxers including Mike Strange, Chuck Moscato, Eddie Dawson & Scottie Paul. Coached Provincial champions, 4 National Champions, & 2 Ringside World Champions Boxing Ontario Executive - 13 years Boxing Canada Board of Director – 6 years Chief Official of the Niagara Region and Regional Director. Gary MacDonald Builder Rugby 1992-2016 Multiple Championships at all levels coaching various men’s and women’s rugby teams 2009 to 2010 – President of Niagara Rugby Union and Member of Ontario Rugby Board Developed multiple women’s rugby programs & high school programs for boys & girls in Niagara Chris MacKenzie Builder Hockey 2000-2001 – Professional Player in the Finnish League Multiple Championships as Niagara University team captain (NCAA D1) NCAA D1 (Women) Head Coach for over 10 years NCAA D1 (Women) Coach of the Year Finalist multiple years Laura MacKenzie Athlete Hockey 2001-2008 – Professional Player in two international leagues. Multiple International Championships and appearances (gold & silver standings) Multiple achievements at university level Head Coach National Level (Denmark) 2006-2008 Multiple IIHF World Championships & appearances (gold & silver standings) St. Michael Catholic High School Sr. Boys Soccer Team, 2008 Team Soccer OFSAA Champions 2008 The St. Mike’s Team travelled to Sarnia for the OFSAA Tournament and captured the Championship title for the first time ever, ranking the team the number one team in Ontario for AA Senior Boys Soccer. Page 227 of 340 The City of Niagara Falls, Ontario Resolution July 10, 2018 Moved by: Councillor Seconded by: Councillor WHEREAS, the North American Free Trade Agreement (NAFTA) governs n early every aspect of Canada and the United States economic relationship including manufacturing, agriculture, resources industries, and services; WHEREAS, about 80% of all of Ontario’s exports go to the United States and Ontario is the top trading partner of half of all American States; WHEREAS, even minor changes to the established trade relationship between Canada and the United States could have significant consequences for workers, consumers, and governments on both sides of the border; WHEREAS, Canada’s and Ontario’s economic future and the continued well -being of communities and their local economies depend on free and fair trading relationships based in current future trade agreements; Therefore be it resolved; that Ontario municipal governments, represented by the Association of Municipalities of Ontario (AMO), stand together with the Federal and Ontario governments in their efforts to protect Canadian jobs and local economies; RESOLVED that AMO will work with the Province of Ontario to support the interests of municipalities and communities affected by trade disputes and during ongoing trade agreement negotiations; RESOLVED that AMO will work with the Federation of Canadian Municipalities to ensure that Canada understands the municipal impacts affected by trade disputes and during ongoing trade agreement negotiations; Page 228 of 340 AND The Seal of the Corporation be hereto affixed. WILLIAM G. MATSON VINCE KERRIO ACTING CITY CLERK ACTING MAYOR Page 229 of 340 The City of Niagara Falls, Ontario Resolution Moved by: Seconded by WHEREAS the Planning Act, 1990 R.S.O requires a written notice for the change of conditions and modification made to the draft plan of subdivision and; WHEREAS notwithstanding the requirement for the written notice for the change of conditions and modification to the draft plan of subdivision, subsection 47 of the Planning Act , 1990 R.S.O allows a municipality to deem the requested changes to the draft plan minor by passing a resolution; and WHEREAS Kenmore Homes (Niagara Falls) Ltd. requested Council to consider passing a resolution that would deem the change of conditions and modification to the Draft Plan for Terravita subdivision minor and not require circulation of a written notice; WHEREAS Council determined that the proposed change of conditions and modification to the Draft Plan for Terravita subdivision would permit Kenmore Homes (Niagara Falls) Ltd to create 80 lots for single detached dwellings instead of 82 lots as per the approved Draft Plan dated February 20, 2018. THEREFORE BE IT RESOLVED that subject to subsection 45(47) of the Planning Act, 1990 R.S.O Council deems the modifications to the draft plan for Terravita subdivision minor and exempt the requirement for a written notice. AND The Seal of the Corporation be hereto affixed. WILLIAM G. MATSON VINCE KERRIO ACTING CITY CLERK ACTING MAYOR Page 230 of 340 June 19, 2018 DISTRIBUTION LIST SENT ELECTRONICALLY RE:Petition –Holding Elected Officials to a Higher Standard Minute Item 10.1.2 CL 8-2018, June 14, 2018 Regional Council at its meeting held on Thursday,June 14, 2018, passed the following resolution: That Correspondence Item CWCD 193-2018, being an email from M. Al Jumaily, resident, City of St. Catharines, dated June 8, 2018, respecting petition entitled "Holding Elected and Public Officials to a Higher Standard", BE RECEIVED and BE CIRCULATED to the local area Members of Parliament, Members of Provincial Parliament, local area municipalities, Federation of Canadian Municipalities and the Association of Municipalities of Ontario for comment and response. A copy of Correspondence Item CWCD 193-2018 is attached. Yours truly, Ann-Marie Norio Acting Regional Clerk CLK-C 2018-77 Distribution List: S. Oosterhoff, MPP, Niagara West –Glanbrook J. Burch, MPP, Niagara Centre W. Gates, MPP, Niagara Falls J. Stevens, MPP, St. Catharines C. Bittle, MP, St. Catharines R. Nicholson, MP, Niagara Falls V. Badawey, MP, Niagara Centre Local Area Municipalities Federation of Canadian Municipalities Association of Municipalities of Ontario Page 231 of 340 From:Mohamad Aljumaily Sent:Friday, June 08, 2018 8:32 AM To:Norio, Ann-Marie Subject:Petition! Page 232 of 340 Name and Surname Address (Please Print)Postal Code Signature Page 233 of 340 June 22, 2018 Dear City of Niagara Falls, Heartland Forest Nature Experience 8215 Heartland Forest Road, Niagara Falls, ON L2H 0L5 www.heartlandforest.org 905.356.7384 On October 20, 2018, we are holding our Annual PumpkinFest Celebration with 100% of the funds raised directed to our stewardship and work experience programs. We would truly appreciate your help by donating your shuttle services so our guests can get from the complimentary overflow parking,provided to us by Niagara Square, to the event. Your generous gift will be recognized on our website as well as on-site during the event. Last year we had over 5,000 attend this community event. Your support in providing the shuttle service made all the difference. We thank you in advance for your consideration. If you have any questions, please do not hesitate to contact me directly. In friendship, Elisabeth Graham Executive Director Page 234 of 340 Page 235 of 340 Page 236 of 340 Page 237 of 340 1 Teresa Fabbro From:Bill Matson Sent:Wednesday, June 20, 2018 4:21 PM To:Teresa Fabbro Subject:FW: Requirements for SOP for Night of Art - noise, by-law and significant event Communication Niagara Falls Night of Art – Taking place September 20, 2018 at the Niagara Falls History Museum. Relief is being sought from the City’s noise by-law until 11:00pm that evening as well as a request from Council to declare the event one of Municipal Significance to assist with the liquor licence from the AGCO From: Clark Bernat Sent: Friday, June 08, 2018 3:27 PM To: Bill Matson Cc: Kevin Hobbs Subject: Requirements for SOP for Night of Art - noise, by-law and significant event Bill, hoping to get the following onto the July 10 Council meeting agenda. Need the noise and by-law waived for the Night of Art again this year. Let me know if you need anything else. Thanks. Whereas Niagara Falls Night of Art is an annual event where various art forms come together on one night to showcase the best of Niagara artistic talent on September 20th, 2018 and Whereas this is the seventh year that the Niagara Falls Museums has hosted this event Whereas the event is expected to attract 600-1000 audience members from across Southern Ontario and Western New York Whereas this event will support and promote the artistic talents of residents of Niagara Falls and the Niagara Region and Whereas to obtain a Special Occasion Liquor Licence 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 grants the Niagara Falls History Museum relief to the City’s Noise By-law to allow entertainment until 11:00 pm Clark Bernat Culture & Museums Manager City of Niagara Falls 5810 Ferry Street Niagara Falls, ON L2G 1S9 905-356-7521 x5906 Page 238 of 340 2 Arts & Culture in Niagara Falls www.niagarafallsmuseums.ca Sign up for the Museum and Cultural enewsletters Check out @ the Museum Thursday Night Visit the Niagara Falls Farmers’ Market every Saturday morning Page 239 of 340 June 19, 2018 DISTRIBUTION LIST SENT ELECTRONICALLY RE:Trade with the United States and Protecting Canadian Jobs Minute Item 14.1 CL 8-2018, June 14, 2018 Regional Council at its meeting held on Thursday,June 14, 2018, passed the following resolution: That Niagara Region SUPPORTS the Government of Canada and the Government of Ontario’s efforts concerning trade with the United States and protecting Canadian jobs; and That this resolution BE CIRCULATED to local area municipalities, Association of Municipalities of Ontario, Federation of Canadian Municipalities, local Members of Parliament and Members of Provincial Parliament for endorsement, Premier- designate Ford and Prime Minister Trudeau. If you have any further questions, please contact the undersigned. Yours truly, Ann-Marie Norio Acting Regional Clerk CLK-C 2018-78 Distribution List: S. Oosterhoff, MPP, Niagara West –Glanbrook J. Burch, MPP, Niagara Centre W. Gates, MPP, Niagara Falls J. Stevens, MPP, St. Catharines C. Bittle, MP, St. Catharines R. Nicholson, MP, Niagara Falls V. Badawey, MP, Niagara Centre Local Area Municipalities Federation of Canadian Municipalities Association of Municipalities of Ontario Page 240 of 340 1 Teresa Fabbro From:Bill Matson Sent:Wednesday, June 20, 2018 5:28 PM To:Teresa Fabbro Subject:FW: Re: Relief to the Noise By-law, Taps Brewery Communication Taps Brewing Co Inc. – requesting relief of the City’s Noise By-law for a Local Band Concert scheduled August 10th , playing until midnight. RECOMMENDATION: For Council’s Consideration From: Eric Martin [mailto:emartin@tapsbeer.ca] Sent: Wednesday, June 20, 2018 10:29 AM To: Bill Matson Subject: RE: Re: Relief to the Noise By-law, Taps Brewery Mr. Matson, Thank you from bringing our other events to Council to allow us to be exempt from the Noise By-Law. I would like to add 2 additional dates. We are requesting that Council review and hopefully approve these as well. Let me know if you have any questions. -Friday July 13: Charity Concert in Conjunction with CDC Entertainment to support St. Davids Lioness. Live Bands until Midnight -Friday August 10th: Local Band Concert Hosted by Matt Anthony. Live Bands Until Midnight Thanks very much, Eric Martin, Taps On Queen 4680 Queen Street, Niagara Falls, ON 289-477-1010 From: Bill Matson <billmatson@niagarafalls.ca> Sent: Friday, June 01, 2018 9:41 AM To: 'Eric Martin' <emartin@tapsbeer.ca> Cc: Gerald Spencer <gspencer@niagarafalls.ca> Subject: RE: Re: Relief to the Noise By-law, Taps Brewery Eric, Page 241 of 340 2 Please find that attached letter which outlined your request for exemption to the noise by-law for several events in 2018 and the wording of City Council’s approval for such. Bill Matson Acting City Clerk / Manager of Clerks Services The Corporation of the City of Niagara Falls billmatson@niagarafalls.ca 905-356-7521 ext. 4342 905-658-0411 cell From: Eric Martin [mailto:emartin@tapsbeer.ca] Sent: Friday, June 01, 2018 8:30 AM To: Bill Matson Subject: RE: Re: Relief to the Noise By-law, Taps Brewery Hi Bill, Thanks for bringing our noise by-law exemption to council on April 24. I know it was passed but is it possible to get a copy of the approval so we can have it on-site if needed? Thanks very much, Eric Martin Taps Brewing Co Inc Sent from my Bell Samsung device over Canada's largest network. -------- Original message -------- From: Bill Matson <billmatson@niagarafalls.ca> Date: 2018-04-12 5:22 PM (GMT-05:00) To: 'Eric Martin' <emartin@tapsbeer.ca> Subject: RE: Re: Relief to the Noise By-law, Taps Brewery Eric, We will list your request on the Council Agenda for April 24th Bill Matson Acting City Clerk / Manager of Clerks Services The Corporation of the City of Niagara Falls Page 242 of 340 3 billmatson@niagarafalls.ca 905-356-7521 ext. 4342 905-658-0411 cell From: Eric Martin [mailto:emartin@tapsbeer.ca] Sent: Tuesday, April 10, 2018 12:08 PM To: Bill Matson Cc: Dean Iorfida; 'Ron Charbonneau'; 'Karen Stearne' Subject: RE: Re: Relief to the Noise By-law, Taps Brewery Hi Mr. Matson, Attached is a request for an exemption to the amplified noise by-law for this year line-up of outdoor events at Taps On Queen for Council to review. Please let me know if you have any questions or need more information. Thanks very much, Eric Martin Taps On Queen From: Bill Matson <billmatson@niagarafalls.ca> Sent: Friday, May 19, 2017 4:27 PM To: 'Eric Martin' <emartin@tapsbeer.ca> Subject: RE: Re: Relief to the Noise By-law, Taps Brewery Eric, Page 243 of 340 4 Yes, the exemption request was granted by Council. Forgive me for not passing this on to you sooner. In Dean’s absence please accept the following wording regarding the exemption. If you require a more formal notice, please let me know. I will be in the office this weekend catching up on some of Dean’s files. 1. “TAPS Brewing Company – requesting relief to the Noise by-law for various events. RECOMMENDATION: For the Consideration of Council ORDERED on the motion of Councillor Campbell, seconded by Councillor Pietrangelo that the communication be approved. Carried Unanimously Bill Matson Manager of Clerks Services / Deputy Clerk The Corporation of the City of Niagara Falls billmatson@niagarafalls.ca 905-356-7521 ext. 4342 905-658-0411 cell From: Eric Martin [mailto:emartin@tapsbeer.ca] Sent: Thursday, May 18, 2017 9:01 PM To: Bill Matson Subject: RE: Re: Relief to the Noise By-law, Taps Brewery Hi Bill, Just wanted to check the out come of the noise by-law exemption request. We usually get a copy showing it was approved. Page 244 of 340 5 Thanks, Eric Martin Taps Brewing Company Inc Sent from my Bell Samsung device over Canada's largest network. -------- Original message -------- From: Bill Matson <billmatson@niagarafalls.ca> Date: 2017-05-04 3:15 PM (GMT-05:00) To: "'emartin@tapsbeer.ca'" <emartin@tapsbeer.ca> Subject: RE: Re: Relief to the Noise By-law, Taps Brewery Thanks Eric, I will list the item on the Council Agenda for this coming Tuesday and let you know the outcome. I don't anticipate any issues but I have also let our new "Enforcement Services" staff know that this is how I would be handling it and I'm giving them an opportunity to offer comments or concerns if need be. Bill Matson Manager of Clerks Services / Deputy Clerk The Corporation of the City of Niagara Falls billmatson@niagarafalls.ca 905-356-7521 ext. 4342 905-658-0411 cell Page 245 of 340 6 -----Original Message----- From: emartin@tapsbeer.ca [mailto:emartin@tapsbeer.ca] Sent: Wednesday, May 03, 2017 4:45 PM To: Bill Matson Subject: Fwd: Re: Relief to the Noise By-law, Taps Brewery Hello Mr. Matson, I received a reply message from Dean Iorfida saying he wasn't available and to contact you. As you may know, Taps does a few outdoor events during the summer. Each year I send a list with times to Dean so that council can vote to exempt us from the amplified noise by-law for those dates and time. Attached is our list for this year. Please let me know if you have any questions or if this needs to be done a different way from now on. Thanks, Eric Martin Taps On Queen -------- Original Message -------- Subject: Re: Relief to the Noise By-law, Taps Brewery Date: 2017-05-03 14:16 From: emartin@tapsbeer.ca To: Dean Iorfida <diorfida@niagarafalls.ca> Hi Dean, Taps is again asking for relief from the Noise By-Law for some outdoor summer events. Please see attached. Let me know if there is any questions. Thanks very much, Eric Martin Taps On Queen On 2016-08-25 08:51, Dean Iorfida wrote: > Hi Eric: > > Council approved relief to the Noise By-law related to your additional > events scheduled for September. > > Thanks > > Dean > > Dean Iorfida, City Clerk > Page 246 of 340 7 > City of Niagara Falls > > 905-356-7521, Ext. 4271 > > 905-356-9083 (Fax) > > www.niagarafalls.ca [1] > > The City of Niagara Falls 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 from your computer system. Thank you > > Links: > ------ > [1] http://www.niagarafalls.ca Page 247 of 340 Teresa Fabbro From:BillMatson Sent:Wednesday,July 04,2018 2:51 PM To:Teresa Fabbro Subject:FW:Signage (SCVFA) From:Carey Campbell Sent:Wednesday,July 04,2018 2:06 PM To:‘Ronald Waters.‘;BillMatson Cc:Ken Todd;Jim Diodati;Teresa Fabbro Subject:RE:Signage (SCVFA ) Thanks Ron! Hi Bill:Could you please provide this letter of request for consideration to City Council at the upcoming Council Meeting?Many thanks. carey Rnn::|r|\l\l:1h:\rI: '“""""""""""'""““""‘' Sent:Wednesday,}uEy4,2018 1:57 PM To:Carey Campbeil <ccampbeH@niagarafa|Es.ca> Subject:Re:Signage (SCVFA ) Thanks Carey On Wed,Jul 4,2018 at 1:49 PM Ronald Waters. 1 ' ote: Thanks Carey V..-,.u-..--.I,............._....._,v.......V‘.-.----- My name is Ron Waters,I act as agent for the Stamford Centre1‘Volenteer Fi1'ernan’sAssociation in this matter.Our organization is increasingly acting as host location for many different individuals and associations looking for What we believe to be one of,if not the best Park location in the area for many different events such as weddings,Family gatherings ,carnivals,Festivals,etc.Quiteoftenin most cases as we have found,alcohol is involved with these functions AND ONLY ACCESABLE VIA our Licence or an extension thereof by approval of the AGCO.With a Viewto,at the very least mitigating the possibility of any potential for liabikityixieare asking that Council assist us in an effort tobring a higher{eve}ofsafety ioour ‘G1-iests, event organizer,Community and Park regulars in so far as approving the donation of eight (8)metal signs which would say NO ALCHOHOL BEYOND THES POINT(with Our Logo),at least the same size as the “No 1 Page 248 of 340 Parking”signs attached to metal Tclus posts.We View this to be a service to our Community as well as initiating ou1‘;3ue Diligence in this regard,not to mention to lessen the percentages of liability given the litigious natures of the times. Respectfully Submitted Ron Page 249 of 340 1 Teresa Fabbro To:Bill Matson Subject:RE: Additions to Lundy's Lane BIA Board From: Bill Matson Sent: Thursday, July 05, 2018 3:48 PM To: Teresa Fabbro Cc: David Jovanovic (davidjovanovic.llbia@gmail.com) Subject: FW: Additions to Lundy's Lane BIA Board Teresa, Could you please add the email below as a Communication Item to Council on July 10th. Lundy’s Lane BIA – Additions of Raphael Hermossa and Ewelnia Polujanska to the Board of Directors. RECOMMENDATION: For the Approval of Council. Bill From: David Jovanovic [mailto:davidjovanovic.llbia@gmail.com] Sent: Thursday, July 05, 2018 1:16 PM To: Bill Matson Subject: Additions to Lundy's Lane BIA Board Hi Bill, At the LLBIA AGM, the following names were approved to be added to the LLBIA Board of Directors for the balance of the current term: Raphael Hermossa - Blind Pig - 6689 Lundy's Lane Ewelnia Polujanska - Olympic Group - 7737 Lundy's Lane If you could bring this forward to Council on July 10, it would be greatly appreciated. Best Regards, David Jovanovic Project Administrator Lundy's Lane BIA PO Box 26008, Lundy's RPO Niagara Falls, Ontario L2G 7K2 Tel: 905 401 8247 email: david.jovanovic.llbia@gmail.com Visit us at: www.lundyslane.com Discover us at: www.facebook.com/LundysLaneNiagaraFalls Follow us at: www.twitter.com/LundysLaneNF Engage with us at: www.instagram.com/lundyslaneniagarafalls/ Page 250 of 340 A Great City … For Generations To Come CLERKS DEPARTMENT Inter-Departmental Memo To: Mayor James M. Diodati & Members of Council From: Bill Matson, Acting City Clerk Date: July 10, 2018 Re: Counterpart Brewing– “By the Glass” & “Tied House” Liquor Licence I recently received a request from Mr. Greg Gnys, of Counterpart Brewing, located at 3659 Stanley Avenue. Mr. Gnys is seeking a resolution from Council for the purposes of applying to the AGCO for a “By the Glass” & “Tied House” licence. By-the-Glass: A regulation enacted in 2007 under the Ontario Liquor Licence Act created a new category of liquor licence that allows Ontario breweries and wineries to sell and serve their beer and wine to patrons at their manufactu ring site. Manufacturers wishing to obtain a Manufacturer’s Limited Liquor Sales Licence, known as a “By the Glass” licence, must include with their application to the Alcohol and Gaming Commission of Ontario (AGCO), a resolution approved by the local municipal Council supporting the issuance of this type of licence. Tied-House: A person may make an application to the AGCO for a “tied house” liquor sales licence for the manufacturing site of a winery, distillery or brewery in Ontario. A tied house liquor licence allows a manufacturer to host an on-site restaurant/establishment where products may be showcased on their own or in conjunction with other brands and types of liquor. Under a tied house licence, the licensed establishment is exempt from the requirement of having to sell a variety of brands. I request on behalf of the applicant that Council pass a motion supporting the request of Counterpart Brewing and endorses their application to obtain a “By the Glass” and/or “Tied House” Liquor Sales Licence to sell and serve their beer to patrons for consumption at their manufacturing site, conditional on the premises being in compliance with all applicable zoning requirements, municipal by-laws, the Building Code Act, the Fire Protection and Prevention Act, and the Health Protection and Promotion Act.. RECOMMENDATION: That Council Approve the request and pass the appropriate motion supporting the ‘By the Glass’ & ‘Tied House’ liquor licence. Page 251 of 340 1 Teresa Fabbro To:Bill Matson Subject:RE: Noise by law extension until 11 p.m at Heaters Heroes event on Sat Aug 11th at Oakes Park From: Mike Strange Sent: Friday, July 06, 2018 7:53 AM To: Bill Matson Subject: Noise by law extension until 11 p.m at Heaters Heroes event on Sat Aug 11th at Oakes Park Hey Bill, would you be able to add to our agenda a noise by law extension until 11 pm on Sat Aug 11 for our 8th annual Heaters Heroes Run for children event at Oakes Park, there will also be alcohol sold at this event which we obtain a permit for. Thanks. Mike Sent from my iPad Page 252 of 340 1 Teresa Fabbro To:Bill Matson Subject:RE: Nikola Tesla Power Canal From: Carey Campbell Sent: Friday, July 06, 2018 4:13 PM To: 'Greg Baynes'; Bill Matson Cc: Jim Diodati Subject: RE: Nikola Tesla Power Canal Dear Greg: Thank you for your email to Mayor Diodati. He has asked that I provide this to our Acting City Clerk, Bill Matson, in order that your request come before City Council. To that end, Bill Matson is included here. Many thanks for taking the time to write to us as well as OPG. I trust that when information comes back from City Council that you will be informed. Best regards, carey Carey Campbell | Manager | Office of the Mayor and CAO | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | 905.356.7521 X 4206 | ccampbell@niagarafalls.ca From: Greg Baynes <greg@judsongraphics.com> Sent: Friday, July 6, 2018 11:07 AM To: premier@ontario.ca Cc: Jim Diodati <jdiodati@niagarafalls.ca>; media@opg.com; Angus.Scott@niagaradailies.com Subject: Nikola Tesla Power Canal As you know, plans are being developed to refurbish the Hydro Canal that runs through the city of Niagara Falls. Having grown up in a neighbourhood adjecent to the canal, I’ve only heard it referred to as “the Hydro Canal”. There’s a plaque at one end of the Lundy’s Lane bridge over the canal that calls it the “Ontario Hydro Electric Generating Canal”. This is not a name created by marketing genius. Even though this is a major project with an important history, I have been asked by many visitors what the canal is for. They had no idea the canal existed until they stumbled upon it. I was surprised to read an article calling it the Sir Adam Beck Power Canal, (see link below) as I’ve never heard that name being used. While that name may be convenient, I don’t believe it is in common use for the canal. I would like to propose that upon completion of the planned refurbishment, the canal be renamed in honour of Nikola Tesla. Page 253 of 340 2 Naming this canal as the Nikola Tesla Power Canal would grant this great man the credit he deserves for what he brought to the world, and illustrate how much this has meant to the Province of Ontario and to the City of Niagara Falls. Given that Niagara Falls is a major tourist destination, some sites along the canal could become points of interest for visitors. Giving the canal a name that is relevant to the world would emphasize its significance and give people another good reason to visit our city. Please consider this proposal and help to bring your voice to this idea. Any efforts you could make or accomodate would go a long way to making it happen. Thank you. Greg Baynes greg@judsongraphics.com 289 214 8355 https://www.smithsonianmag.com/innovation/extraordinary-life-nikola-tesla-180967758/ https://www.niagarafallstourism.com/blog/a-salute-to-the-inventor-of-alternating-current.nikola-tesla/ https://www.opg.com/news-and-media/our-stories/Pages/Planning-begins-for-Sir-Adam-Beck-Power- Canal.aspx Page 254 of 340 1 Teresa Fabbro To:Bill Matson Subject:RE: OPA #128, Bylaw #2018-75, Notice of Objection, Riverfront Development, Niagara Falls, flawed Council decision. From: can2info@gmail.com [mailto:can2info@gmail.com] Sent: Tuesday, July 10, 2018 10:47 AM To: Bill Matson; Anne-Marie.Norio@niagararegion.ca Cc: Jim Diodati; Wayne Campbell; Kim Craitor; Carolynn Ioannoni; Joyce Morocco; Victor Pietrangelo; Mike Strange; Wayne Thomson Fallview Account Subject: OPA #128, Bylaw #2018-75, Notice of Objection, Riverfront Development, Niagara Falls, flawed Council decision. Sent July 05, 2018 by email to The Clerk, Niagara Region, and, To The Clerk, City of Niagara Falls. (Note: The Following is "Without Specific Legal Meaning"; "Without Recourse"). To: The Clerk of the Niagara Region; Please attach this Correspondence to July 05, 2018, Special OP Meeting of Council Minutes, and attach a copy, also, to July 18, 2018, Planning Economic Development Committee Meeting Agenda. To: The Clerk, City of Niagara Falls: Please attach this Correspondence to The Agenda of the Regular Meeting of Council July 10, 2018, as a "Notice of Objection" to the Council's consideration of Bylaw #2018-75 (OPA #128) known as the Riverfront Community Plan (and formerly known as Thunderings Waters, Paradise Plan). From: John Bacher, Chair, Sierra Foundation, Ontario. Subject: Niagara Falls OPA #128, Riverfront Community Development Plan (formerly, TW, Paradise). Two MNRF Comment Letters for Riverfront (Thundering Waters) OPA#128 were withheld from Niagara Falls Statutory Planning Act Meeting of May 08, 2018. Council and the Public acted without full disclosure of facts. The MNRF Comment letter of April 30, 2018, was included for the OPA Statutory Meeting of May 08, 2018. Within this letter, MNRF stresses that its commentary should be "considered in combination with our previous correspondence". The "previous correspondence" was withheld from the Public and Council. The two earlier letters from MNRF were not made Public for the above Planning Act Meeting; and, were not within Planning Report OPA #128 voted on and approved by Niagara Falls Council on May 08th; and were not provided to John Bacher as required by the terms of a previous OMB settlement agreement. By other means, we obtained the two missing MNRF letters weeks after Niagara Falls approved OPA #128. For a better understanding of MNRF's objections, the first letter attachment below is August 15, 2016. The Statutory Planning Act Meeting of August 23, 2016, was canceled due to the MNRF objections. That MNRF letter was suppressed. The public was told that the Council chamber was too small. Another meeting would be rescheduled to be held in a larger venue. That reschedule took a while. Twenty months later a "rescheduled" meeting was held with the rebranded name of "Riverfront". The second and third MNRF letters, of December 11, 2018, and January 15, 2018, were withheld from the Statutory Meeting for the Riverfront Community OPA#128 (Thundering Waters) on May 08th, 2018. A "Notice of Objection" was sent to the Clerk and all Councilors before the meeting that Council was proceeding improperly as the letter(s) from MNRF had so many objections and had rejected the mapping. Page 255 of 340 2 How can the Niagara Region or Niagara Falls Councilors deal with such complexity and secrecy? The Riverfront (formerly Thundering Waters) OPA #128 approval appears to be technically invalid. That there are 27 conditions subject to future approval within the Official Plan Amendment is time-travel. How can anyone agree to agree, in the future, on what you will agree to if you don't know what it is? A revised Planning Report that includes the two omitted Comment letters from MNRF is necessary. When that has been done, the next steps can be determined by the Niagara Falls Council and Planning. A Statutory Planning Act Meeting for the Riverfront OPA #128 must include all the MNRF criteria. A Peer Review by North-South Consultants of the 2nd EIS for the relocated development was expected, but not done. Again, we request that a "Peer Review" be completed by North-South Consultants for MNRF. MECC and the Developer, GR Canada Ltd. using parallel "Masterplan" E/A process. Due diligence, please. Respectfully, John Bacher, Ph.D. Chair Sierra ON, (reply c/o, pals@becon.org). cc: Clerk Niagara Falls; Clerk Niagara Region; MNRF; MAH; MECC; LPAT File. Additional information is provided at - https://johnbacherphd.wordpress.com/ . - "Reports Suppressed". 4 Attachments Page 256 of 340 CITY OF NIAGARA FALLS By-law No.2018 - A by—lawto authorize the execution of an Amendment and Renewal Agreement with the District School Board of Niagara and the Niagara Catholic District School Board, respecting the use of the artificial turf field at Kalar Sports Park. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1.An Amendment and Renewal Agreement dated June 19,2018,and made between the District School Board of Niagara as District School Board,and the Niagara Catholic District School Board as Catholic District School Board,and The Corporation of the City of Niagara Falls as City,respecting the inclusion of fees for City Staff‘s attendance on the artificial turf field and the renewal of the term for an additional five years,as attached hereto,is hereby approved and authorized. 2.The Mayor and Acting City Clerk are hereby authorized to execute the said Amendment and Renewal Agreement. 3.The Acting City Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Amendment and Renewal Agreement. Passed this tenth day of July,2018. WILLIAMG.MATSON,ACTING CITY CLERK JAMES M.DIODATI,MAYOR First Reading:July 10,2018. Second Reading:July 10,2018. Third Reading:July 10,2018. Page 257 of 340 THIS AMENDMENTAND RENEWALAGREEMENT made this 19"‘day of June,2018. B E T W E E N: DISTRICTSCHOOL BOARD OF NIAGARA Hereinafter called the "DistrictSchool Board” -and - NIAGARA CATHOLICDISTRICTSCHOOL BOARD Hereinafter called the “Catholic DistrictSchool Board” —and — THE CORPORATION OF THE CITY OF NIAGARAFALLS Hereinafter called the “City” WHEREAS the parties hereto have entered into an Agreement dated August 1,2003, (the “Agreement"); AND WHEREAS a provision of that Agreementwas that the parties could exercise an option to renew the term of the Agreement for additional and successive one year terms,on the same terms and conditions,except as varied by any Renewal Agreement; AND WHEREAS the Agreement was continued by Renewal and Amendment Agreement dated October 23,2013,(the "Renewal and Amendment Agreement"), wherein the Agreement was renewed for an additional one year term,ending on the 31st day of July,2014,and the provision for the use of the lands as defined in the Agreement was amended; AND WHEREAS neither the Agreement nor the Renewal and Amendment Agreement dealt with the issue of fees for the provision of the attendance of City Staff,when required; AND WHEREAS an arti?cial turf soccer field has been installed on the subject lands; AND WHEREAS the artificialturf field imposes duties and burdens upon the City,above and beyond those associated with conventional soccer fields; AND WHEREAS the City does not propose to charge fees to the District School Board or the Catholic DistrictSchool Board for the use of soccer fields situated on the subject lands,other than when City Staff are required to attend on the artificialturf ?eld; AND WHEREAS the parties wish to amend the Agreement to include fees for the use of the said arti?cial turf fields and renew the term of the Agreement for an additional five years,in the manner set out below. Page 258 of 340 2 NOW THEREFORE THIS AGREEMENT WITNESSETHthat in consideration of the mutual covenants,conditions and agreements herein contained,the parties agree as follows: 1.The provisions of the Agreement are amended as of the 1st day of August,2014, in the following manner: a.A new paragraph 2 is inserted,as follows: E92 2.In the event that any of the schools intend to use the artificial turf field after 4:00 pm.,the user school shall pay to the City,the amount of $50.00 per hour for such use. b.The paragraph numbered 2 is to be referred to as paragraph 3 and all subsequent numbered paragraphs contained in the Agreement are to be adjusted numerically. 2.The parties agree to renew the term of the Agreement for an additionalfive (5) years from the 1st day of August,2014,to the 31st day of July,2019. 3.The Agreement,as amended,shall continue in full force and the covenants, conditions and provisions contained in the Agreement,in all other respects,are confirmed. IN WITNESS WHEREOF the parties hereto have hereunto af?xed their corporate seals, duly attested by the hands of their proper signing Officers and the said signing Officers certify that they have authority to bind their corporation. DISTRICT SCHOOLBOARD OF NIAGARA Per:,A ’ N_aI“:I‘V/\arenHoshizaki T|I3I9-GgjrectorofEducation and Secretary ‘./7,(«(,f Name:lDale Robinson Title:icha" NIAGARACATH 3DISTRICT 5 L SCHOOLBO Per:é“:‘Name/‘J4CROCCO Title:gDi ECTOR or:EDUCATION Name:FR.PAULMACNEIL Title:CHAIRPERSON Page 259 of 340 THE CORPORATIONOF THE CITYOF NIAGARAFALLS Per: James M.Diodati,Mayor William G.Matson,Acting City Clerk Page 260 of 340 CITY OF NIAGARA FALLS By-law No. 2018 - A by-law to authorize the payment of $8,240,905.01 or General Purposes. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: That the City Treasurer is hereby authorized and directed to pay the attached list of disbursements for the period of from June 1, 2018 to June 27, 2018. Passed this tenth day of July, 2018 ..................................................... .......................................................... WILLIAM G. MATSON, JAMES M. DIODATI, ACTING CITY CLERK MAYOR First Reading: July 10, 2018 Second Reading: July 10, 2018 Third Reading: July 10, 2018 Page 261 of 340 CITY OF NIAGARA FALLS By-law No. 2018 - A by-law to amend By-law No. 2002-081, being a by-law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by-laws. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1 . By-law No. 2002-081 is amended by deleting Schedules AC” and “D4” and that Schedules “C” and “D4” attached hereto shall be inserted in lieu thereof. 2. That By-law 2018-55 be repealed. Passed this 10th day of July, 2018. ............................................................... ........................................................... WILLIAM G. MATSON, ACTING CITY CLERK JAMES M. DIODATI, MAYOR First Reading: July 10, 2018. Second Reading: July 10, 2018. Third Reading: July 10, 2018. Page 262 of 340 SCHEDULE “C” 1. Parking By-law Enforcement Officers: Paul Brown Marianne Catherwood Julio Cavaliere Bob Chambers Joe Corradi Bill Crowder Mario Digianni Larry Downing John Garvie Lou Hussey Kelly Hutchison Norm Leonard John MacLeod Robert Mascia Philip Rudachuk Chris Russell Dave Simpson Randy Tait SCHEDULE “D4” HOCO LIMITED 1. Parking By-law Enforcement Officers on private property: Keith Bennett James Hole Ryan Benner Abby Kapur James D’Annunzio Dean Murray Cole Eckmier Carlos Peralta Justin Facci Sam Van Dyke Brittany Forcucci Page 263 of 340 CITY OF NIAGARA FALLS By-law No. 2018- A by-law to amend By-law No. 79-200, to permit the use of the Lands for 37 townhouse dwelling units and recognize the existing semi-detached dwelling (AM-2018-006). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1.The Lands that are the subject of and affected by the provisions of this by-law are described in Schedule 1 of this by-law and shall be referred to in this by-law as the -law. 2.The Lands shall be identified as two parcels, known as Parcels R4-1064 and R2-1065. 3.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 the 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. 4.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. 5.The permitted uses shall be: (a)For Parcel R4-1064, the uses permitted in an R4 zone, save and except for an apartment dwelling (b)For Parcel R2-1065, the uses permitted in an R2 zone 6.The regulations governing the permitted uses on Parcel R4-1064 shall be: (a)Minimum lot area for a townhouse dwelling 222 square metres for each dwelling unit (b)Maximum lot coverage 43% (c)Minimum landscaped open space 56 square metres for each dwelling unit (d)The balance of regulations specified for an R4 use 7.The regulations governing the permitted uses on Parcel R2-1065 shall be: (a)Minimum lot area for a semi-detached dwelling 474 square metres Page 264 of 340 (b)Minimum lot frontage for a semi-detached dwelling 16.7 metres (c)Minimum front yard depth 3.2 metres (d)The balance of regulations specified for an R2 use 8.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. 9.No. person shall use the lands for a use that is not a permitted use. 10.No person shall use the Lands in a manner that is contrary to the regulations. 11.The provisions of this by--law No. 79-200 by redesignating the Lands from DH, in part, and R4, in part, to R4 and numbered 1064, in part, and R2 and numbered 1065, in part. 12.Section 19 of By-law No. 79-200 is amended by adding thereto: 19.1.1064 Refer to By-law No. 2018-_____. 19.1.1065 Refer to By-law No. 2018-_____. Passed this tenth day of July, 2018. ............................................................................................................................... WILLIAM G. MATSON, ACTING CITY CLERK JAMES M.DIODATI, MAYOR First Reading:July 10, 2018 Second Reading:July 10, 2018 Third Reading:July 10, 2018 S:\ZONING\AMS\2018\By-laws\Byam006.docx Page 265 of 340 DUNN STORCHARD AVAILANTHUS AV¹ AM-2018-006 K:\GIS_Requests\ProTemplates\ZoningSchedules\ZoningSchedules.aprx Assessment #: Applicant: Description: Amending Zoning By-law No. 79-200 Subject Lands: Part of 272508000210000; 272508000209900; 272508000209800 NNN Construction Ltd. and Lioudmila Sytchouk PT BLK 40 PL 1 STAMFORD AS IN RO500986 ; NIAGARA FALLS. PT BLK 40 PL 1 STAMFORD AS IN RO169371 ; NIAGARA FALLS. PT BLK 40 PL 1 STAMFORD AS IN AA45817 & ST39585 ; NIAGARA FALLS. SCHEDULE 1 TO BY-LAW NO. 2018- 6/22/2018 1064 R4 1065 R2 38.29m 166.96m66.33m 10.97m16.67m28.13m114.3m16.77m AM-2018-006 Page 266 of 340 CITY OF NIAGARA FALLS By-law No. 2018- A by-law to amend By-law No. 79-200, to bring the zoning of the Lands into conformity with the City’s Official Plan and to recognize existing development on the Lands (AM- 2018-014). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by -law are described in Schedule 1 of this by-law and shall be referred to in this by-law as the “Lands”. Schedule 1 is a part of this by-law. 2. The Lands shall be identified as two parcels, known as Parcels RCE(H)-654 and EPA-655. 3. 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. 4. 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. 5. The permitted uses shall be: (a) For Parcel RCE(H)-654: (i) One multi-purpose building which may include the following uses: assembly hall, day nursery, museum, place of entertainment, private club, restaurant, retail store, ancillary office and recreational uses (ii) Recreational uses, save and except for indoor skating rinks, curling rinks, community centres and similar uses (iii) Trailer camp, for which seasonal occupancy does not exceed three months per year, a maximum distance of 271 metres from the southerly limit of the Brown Road road allowance (iv) Accessory buildings and structures (b) For Parcel EPA-655: (v) The uses permitted in an EPA zone (iv) Walking trails, buildings, structures and ponds existing at the time of the passing of this by-law Page 267 of 340 2 (iiv) Walking trails, buildings and structures authorized by the Niagara Peninsula Conservation Authority 6. The regulations governing the permitted uses on Parcel RCE(H)-654 shall be: (a) Minimum lot area the whole of the lands (b) Minimum lot frontage 225 metres (c) Minimum front yard depth 15 metres (d) Minimum rear yard depth 3 metres (e) Minimum interior side yard width 3 metres (f) Minimum exterior side yard width 15 metres (g) Minimum setback from EPA zone 30 metres (h) Maximum lot coverage 25% (i) Maximum height of building or structure 10 metres, or three storeys, whichever is lesser, subject to section 4.7 of By-law No. 79-200 (j) Maximum number of trailer camp sites 195 (k) Maximum floor area of the multi- purpose building 1400 square metres (l) Maximum floor area of all accessory buildings 262 square metres (m) Minimum landscaped open space 15% of the lot area, which shall include a 5 metre wide planting strip along all road allowances, save and except for any driveway (n) Parking and access requirements in accordance with section 4.19.1 of By-law No. 79-200 (o) Minimum number of loading spaces one 7. The regulations governing the permitted uses on Parcel EPA-655 shall be the regulations for an EPA use. 8. 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. Page 268 of 340 3 9. No person shall use the Lands for a use that is not a permitted use. 10. No person shall use the Lands in a manner that is contrary to the regulations. 11. The holding (H) symbol that appears on Schedule 1 attached hereto is provided for in the City of Niagara Falls Official Plan pursuant to section 36 of the Planning Act. No person shall use the Lands described in section 1 of this by-law and shown hatched and designated RCE(H) and numbered 654, on the plan Schedule 1 attached hereto for any purpose, prior to the H symbol being removed pursuant to the Planning Act. Prior to the H symbol being removed, an adequate storm sewer system shall be available to service t he land in accordance with a storm sewer management plan which has been accepted by the City and the Niagara Peninsula Conservation Authority and the owner of Thompson’s Creek, which system and plan shall conform with the report prepared by Upper Canada Consultants dated August, 2005. 12. Notwithstanding section 11 of this by-law, the construction of the multi-purpose building and associated parking area, recreational uses and accessory buildings and structures can proceed prior to the removal of the H symbol from the Lands, provided the associated storm water management plan has been accepted by the City and the Niagara Peninsula Conservation Authority and the owner of Thompson’s Creek. 13. The provisions of this by-law shall be shown on Sheet B6 of Schedule “A” of By- law No. 79-200 by redesignating the Lands from HI, in part, HL, in part, RCE(H)- 654, in part, and EPA-655, in part, to RCE(H)-654, in part, and EPA-655, in part. 14. Section 19 of By-law No. 79-200 is amended by adding thereto: 19.1.654 Refer to By-law No. 2018-___. 19.1.655 Refer to By-law No. 2018-___. 15. By-law Nos. 2005-198, 2012-42 and 2017-58 are repealed. Passed this tenth day of July, 2018. …...................................................................... ..................................................... WILLIAM G. MATSON, ACTING CITY CLERK JAMES M. DIODATI, MAYOR First Reading: July 10, 2018 Second Reading: July 10, 2018 Third Reading: July 10, 2018 S:\ZONING\AMS\2018\By-laws\Byam014.docx Page 269 of 340 Page 270 of 340 CITY OF NIAGARA FALLS By-law No. 2018- A by-law to provide for the adoption of Amendment No. 128 to the City of Niagara Falls Official Plan (OPA #128). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS, IN ACCORDANCE WITH THE PLANNING ACT, 1990, AND THE REGIONAL MUNICIPALITY OF NIAGARA ACT, HEREBY ENACT AS FOLLOWS: 1. The attached text and mapping constituting Amendment No. 128 to the City of Niagara Falls Official Plan is hereby adopted. Passed this tenth day of July, 2018. ...................................................................... ................................................... WILLIAM G. MATSON, ACTING CITY CLERK JAMES M. DIODATI, MAYOR First Reading: July 10, 2018 Second Reading: July 10, 2018 Third Reading: July 10, 2018 S:\OFFICIAL.PLN\AMEND\#128 - Riverfront\OPA 128 DOCUMENT\BYLAW_128.docx Page 271 of 340 OFFICIAL PLAN AMENDMENT NO. 128 PART 1 – PREAMBLE (i) Purpose of the Amendment The purpose of this amendment is to include a set of policies that provide a policy direction for the development of the lands within the area known as the Riverfront Community, located within Special Policy Area #56. The amendment also includes modifications to the boundaries of lands identified as Provinc ially Significant Wetlands that lie outside the boundaries of the Riverfront Community. (ii) Location of the Amendment The amendment applies to the land shown on Map 1. (iii) Details of the Amendment Map Changes  Schedule A – Land Use has been amended to: - Illustrate the Riverfront Community Plan Area; - Apply Environmental Protection Area, Open Space, Tourist Commercial and Minor Commercial designations to portions of the subject lands; and - Modify the lands designated Environmental Protection Area that lie outside the subject lands to reflect current Ministry of Natural Resources and Forestry mapping of Provincially Significant Wetlands.  Schedule A-1 – Natural Heritage Features and Adjacent Lands has been amended to apply a symbol denoting a natural heritage fe ature that requires further study.  A new Schedule A-6 is added to depict future land use within the Riverfront Community Plan Area.  A new Schedule A-6(a) is added to depict natural heritage removal and rehabilitation areas. Text Change The amendment deletes the existing Special Policy Area No. 56 text and replaces it with revised policies and adds a new Section 4 – Riverfront Community Plan to Part 5 – Secondary Plans of the Official Plan. (iv) Basis of the Amendment The Riverfront Community Plan is a detailed policy framework that will guide the development of the subject lands and for the protection of natural heritage. It is Page 272 of 340 also includes Natural Heritage System policies for certain lands that lie outside Plan Area development limits that were subject to a comprehensive EIS. The land affected by this amendment is recognized as Greenfield. There are industrial lands developed nearby to the north on Dorchester Road south of Oldfield Road. Other industrial lands are found east of the site in an area kn own as the Stanley Avenue Industrial Park. The Community Plan has been created to meet the Greater Golden Horseshoe Growth Plan requirements and to take advantage of a unique setting to provide an array of housing forms that will meet the needs of a variet y of ages and households. An environmentally friendly, energy efficient “green” community is intended that will incorporated nearby woodlots and wetlands, and a golf course to embrace the outdoors and offer a variety of active lifestyle opportunities. The Plan Area limits development in a manner that will protect nearby key environmental features and wetlands while establishing a community core. The built-out community will include a mix of housing, employment, commercial services and community facilities as well as an integrated open space system. The Riverfront Community Plan Area is designed to accommodate, approximately: • 2675 people • 879 dwelling units • 238 seniors' units • 500 hotel units • 1800 - 2800 jobs These figures will exceed the minimum combined gross target density of 53 residents and jobs combined per hectare for designated Greenfield Areas established by the Official Plan. The calculation of Greenfield density excludes lands designated Environmental Protection Area and Environmental Conservation Area. This amendment was the subject of comprehensive public consultation. A Public Information Centre was held on November 20, 2017 and an Open House on January 24, 2018. The statutory public meeting was held on May 8, 2018. Council considered and approved the staff report that contained 27 recommendations which are incorporated into this amendment. Further discussions were held with commenting agencies after the public meeting to ensure that the amendment implemented their comments as well as the recommendations of the staff report. Page 273 of 340 PART 2 - BODY OF THE AMENDMENT All of this part of the document entitled PART 2 – Body of the Amendment, consisting of the following text and attached maps, constitute Amendment No. 128 to the Official Plan of the City of Niagara Falls. DETAILS OF THE AMENDMENT The Official Plan of the City of Niagara Falls is hereby amended as follows: MAP CHANGES i) SCHEDULE A – LAND USE PLAN of the Official Plan is amended by:  identifying the Riverfront Community Plan Area and referring to SCHEDULE A-6 for land use designations;  applying Environmental Protection Area, Tourist Commercial and Minor Commercial designations to portions of the subject lands;  designating lands outside the Riverfront Community Plan Area Environmental Protection Area; as shown on the map attached entitled ‘Map 1 to Amendment No. 128.” ii) SCHEDULE A-1 – NATURAL HERITAGE FEATURES AND ADJACENT LANDS is amended by adding a symbol and adding the following in the legend “See Part 5, Section 2”, as shown on the map attached entitled “Map 2 to Official Plan Amendment No.128.” iii) A new SCHEDULE A-6 – LAND USE PLAN FOR THE RIVERFRONT COMMUNITY PLAN AREA is added as shown on the map attached entitled “Map 3 to Amendment No. 128.” iv) A new SCHEDULE A-6(a) – NATURAL HERITAGE REMOVAL AND REHABILITATION PLAN FOR THE RIVERFRONT COMMUNITY PLAN AREA is added as shown the map attached entitled “Map 4 to Amendment No. 128.” TEXT CHANGES i) PART 2, SECTION 13.56 – SPECIAL POLICY AREA “56” is hereby deleted and replaced with the following: “13.56 SPECIAL POLICY AREA "56" Special Policy Area "56" applies to approximately 252 hectares of land located south of McLeod Road and north of Chippawa Parkway, between Stanley Avenue and Dorchester Road. The lands are designated Residential, Environmental Protection Area, Tourist Commercial, Minor Commercial, Open Space and Environmental Protection Area. Page 274 of 340 13.56.1 Development will occur in accordance with a Secondary Plan to be adopted as an amendment to this Plan. The extent of the Environmental Protection Area and various other designations may be affected by the environmental and feasibility studies yet to be completed and will be refined through the Secondary Plan process. In the absence of a Secondary Plan or a Community Plan, the policies of this Plan shall continue to apply to the area 13.56.1.1 Notwithstanding that development is to occur in accordance with a Secondary Plan, approximately 23 hectares of land located on the northwest quadrant of Oldfield Road and Drummond Road may be developed in advance of a Secondary Plan by way of a plan of subdivision in accordance with the policies contained in Part 2, Section 1.4, Residential and Sections 14.56.2, 14.56.4 and 14.56.5 below. 13.56.1.2 Notwithstanding that development is to occur in accordance with a Secondary Plan, approximately 48.6 hectares of land located in the south-west portion of this area where Dorchester Road and Chippawa Parkway meet, may be developed in advance of a Secondary Plan by way of a Community Plan as detailed in Part 5, Section 4 of this Plan. 13.56.2 The Secondary Plan shall address the policies of Part 4, Section 3 of this Plan and the following: 13.56.2.1 Residential design in compliance with the Greenfield policies and density targets of the Growth Plan for the Greater Golden Horseshoe and Niagara Region’ Municipal Comprehensive Review. 13.56.2.2 The separation and buffering of sensitive land uses from existing rail lines and proximate industrial land uses, facilities and designations in accordance with relevant Provincial and Regional policies and regulations and in consultation with industrial properties owners in the area. 13.56.2.3 The availability of adequate municipal services including road, water, sanitary sewer and stormwater management services. 13.56.2.3.1 The Niagara Region 2016 Water and Wastewater Master Servicing Plan (MSP) has identified the need for a future South Niagara Falls Wastewater Treatment Plant (WWTP). Page 275 of 340 13.56.2.3.2 Special Policy Area No. 56 is located within the South Side High Lift Sewage Pumping Station sewershed. Development in Special Policy Area No. 56 will convey sanitary flows to the South Side High Lift Pumping Station in the interim and ultimately to the future WWTP. 13.56.2.3.3 The City, in consultation with the Region, shall prepare the South Niagara Falls Servicing Strategy and wet weather/Inflow and Infiltration reduction program to determine the interim capacity available for development. The strategy will include a monitoring program to measure overall capacity of the South Side High Lift Sewage Pumping Station to accommodate interim growth in South Niagara Falls. 13.56.2.3.4 Future planning applications will require verification of the available wet weather sanitary capacity in the South Niagara Falls system as it relates to the development and identification of required mitigation measures to accommodate development to the satisfaction of the Region and City 13.56.2.3.5 All infrastructure shall be designed and constructed in accordance with the appropriate Regional and City standards and subject to review and approval by the appropriate authorities. 13.56.2.3.6 As a condition of future planning approvals, the Region will require that the owner provide a written undertaking to acknowledge to Niagara Region that draft approval of any development within the plan area does not include a commitment of servicing allocation by Niagara Region as servicing allocation will not be assigned until the plan is registered and that any pre-servicing will be at the sole risk and responsibility of the owner. Page 276 of 340 13.56.3 The Secondary Plan may include design guidelines for public realm facilities including neighbourhood structure, block design, lot size and variety, neighbourhood edge interfaces, local street design guidelines, sidewalks and streetscaping, parks, trails and open spaces and natural heritage as well as the private realm including building variety and density, setbacks, building height, apartment buildings and parking areas. 13.56.4 The Secondary Plan shall require the completion of the appropriate studies or the receipt of Records of Site Conditions through implementing planning applications. 13.56.5 No development or site alteration shall be permitted within the areas designated Environmental Protection Area. Refinement to the extent of the Environmental Protection Area and other designations and the establishment of appropriate setbacks and linkages will occur at the Secondary Plan, zoning by-law, plan of subdivision, plan of condominium and site plan control stages and shall be based on detailed Environmental Impact Studies. 13.56.6 The 2017 Niagara Region Transportation Master Plan, which included extensive consultation with the City as well as other agencies and the public, determined that a crossing of the Welland River would best address future transportation needs over the long term. A Municipal Class Environmental Assessment (“Class EA”) shall be undertaken in the future to confirm the need and preferred location for a crossing of the Welland River. The Class EA process would include more detailed planning, environmental, engineering, and design work within a public and agency consultation framework.” 13.56.7 Initiation of the Class EA shall be triggered by any relevant development approvals beyond the Riverfront Community OPA boundary. A Transportation Impact Study will be required prio r to approvals for these applications. The Class EA study shall identify community and environmental impacts, and shall identify measures to be undertaken to mitigate any such impacts. 13.56.8 The subject lands will be placed in an appropriate "Holding" category in the implementing zoning by-law in order to control further development in advance of approval of the secondary plan, plans of subdivision/ condominium and site plan. ii) A new PART 5, SECTION 4 – RIVERFRONT COMMUNITY PLAN is to be added as follows: “SECTION 4: RIVERFRONT COMMUNITY PLAN Preamble Page 277 of 340 The purpose of the Riverfront Community Plan is to provide the vision and planning framework to guide future development in the Riverfront Community Plan Area. Principles and Objectives The following principles and objectives are to be achieved in Riverfront Community. Principle 1: Create a Healthy, Complete Community To create a safe, livable, attractive, and healthy community that provides living, working, learning, recreational and community services opportunities with linkages to natural features that encourage healthy, active living and create a strong sense of community. Objectives  to create a vibrant, memorable community core which is focused on lively streets that provide residents and tourists with a multicultural setting and acts as the focal point and draw for the community;  to create an interconnected street system that is transit-supportive, comfortable and engaging for pedestrians and efficiently transports people and goods;  to provide for a range of residential, commercial, employment, institutional, community and retirement facilities and uses that meets the daily and weekly needs of residents and employees;  to create an interconnected system of parks, greenways, trails and open space linkages throughout the community that encourages active transportation and a healthy lifestyle and facilitates connections to nearby recreational opportunities;  to integrate into the existing context, protecting against and limiting conflicts with adjacent industrial uses by mitigating any potential environmental air quality, noise and vibration effects. Principle 2 – Create a Sustainable, Resilient, Green Community To create a Natural Heritage System (NHS) that includes provincially significant wetlands among other natural heritage features that will provide the core for a healthy and green community structure designed. Objectives  to employ the approach of avoid, mitigate and rehabilitate in the conservation of natural heritage features;  to sustain and enhance the natural environment through protection of Provincially Significant Wetlands (PSW’s) and associated buffers and promote opportunities for functional linkages of protected areas Page 278 of 340 using a combination of natural corridors and green space and special features which are incorporated into the built form;  to maintain and improve the hydrologic function of protected wetlands;  to provide for views to natural areas, parks and open spaces as well as to the Welland River and OPG Canal where possible to assist in the creation of an unique sense of place;  to provide municipal services (water, wastewater and storm) to the satisfaction of the regulatory agencies, and apply storm water management best management practices which mimic the natural hydrology of the area and protect water quality;  to create a walkable development community interconnected with cycling opportunities;  to preserve existing mature trees located outside of the environmental protection areas and to integrate them into the built environment; and  to encourage environmentally sustainable development, construction and servicing standards which consider climate change resiliency. Principle 3 - Create a Diverse Residential Community To provide for a diverse range of housing types and densities that caters to people in all their life stages and allows for a range of affordability levels. Objectives  to provide a range of low to high rise buildings and ensure an appropriate transition between housing types;  to meet the needs of residents of all age s including children, students, adults, and seniors, and ensure that development is accessible to all abilities;  to provide a range of affordability, consistent with targets established by Niagara Region; and  to develop neighbourhoods that each have a “sen se of place” created by the design of the development, including the pedestrian orientation of the buildings and streetscapes, and the provision of parks and greenways which are designed to facilitate interaction. Principle 4 - Develop an Integrated Open Space System To provide integrated open spaces, greenways, Environmental Protection, and parkland systems as a core feature of the community. Page 279 of 340 Objectives  to integrate parkland and key community features with the greenways and open space system;  to provide connected public open spaces throughout the community to enhance connectivity as well as provide view corridors;  to integrate the Con Rail drain into the design of the community as a receiver of treated storm water drainage as a component of the storm water management systems and an aesthetic enhancement to the community; and  to ensure that development protects significant natural heritage features by providing appropriate separation distances and buffers; Principle 5 - Create Employment Opportunities with a Vibrant Local Economy To create opportunities for a vibrant local economy that provides local employment as part of this community. Objectives  to create a community core of high quality design that provides for a variety of commercial, entertainment, health care and tourist facilities and to create new institutional facilities all of which provide various employment opportunities;  to provide an efficient, integrated transportation network that connects employment and residential areas with the greater community. POLICIES 1. General 1.1. Land use shall be consistent with the land use pattern shown on Schedule A-6. Future local and collector road locations will be determined through individual plans of subdivision that implement this land use plan. Any public road or public infrastructure proposed in a PSW will be subject to a Class EA if a suitable location cannot be approved as part of a plan of subdivision. 1.2. The following land use designations are established for the Plan Area Residential, low/medium density; Mixed Use; Open Space and Environmental Protection Area. Any changes in land use designation from that shown on Schedule A-6 shall require an amendment to this Plan. Page 280 of 340 1.3. The overall Greenfield density target for the Plan Area is a minimum of 53 combined residents and jobs per hectare. The City will monitor densities to ensure the target density is achieved. Individual sites may be developed at densities lower than the minimum without amendment to this Plan if it is demonstrated through appropriate analysis using the approved land use plan that the overall Greenfield target density will continue to be met within Riverfront Community. 1.3.1. The anticipated development yield for the Plan Area is:  Population – 2,100 to 3,000  Dwellings units – approximately 1,100  Employment capacity – 1,800 to 2,800 jobs 1.3.2. Implementing bylaws should allow for a wide range of housing choices to ensure builders can respond to shifting market demands. 1.4. This Plan supports the provision of affordable housing as defined by the Province of Ontario. Affordable housing may be achieved by:  Promoting higher density housing forms, where housing is more affordable due to reduce per unit land costs;  Building smaller units, where housing is more affordable due to lower development and/or redevelopment costs;  Applying government grants and/or subsidies, including land dedication, that will reduce overall development costs; and,  Encouraging the development of second units. 1.4.1. The City will work with other government agencies and the private sector, to promote innovative housing forms, development techniques, and incentives that will facilitate the provision of affordable housing. 1.4.2. Affordable housing shall be located in proximity to local community facilities and existing or potential public transit routes and active transportation facilities. 1.5. Guidelines from the Ministry of the Environment and Climate Change (MOECC) will be applied to limit potential for future land use conflicts with new sensitive land uses near existing industrial uses. Warning clauses shall be included in subdivision agreement(s), condominium agreements, site plan agreement(s) and purchase and sale agreements where appropriate regarding the proximity of heavy industrial land uses and railway lines to Page 281 of 340 residential dwellings and the possibility that noise and vibration from them may be discernable. 1.6. The focus for employment opportunities in Plan Area will be in the Mixed-Use designations. 1.7. The availability of adequate municipal services including road, water, sanitary sewer and storm water management services including the location of a pumping station to service the southern portion of the subject lands shall be confirmed prior to the registration of implementing subdivision plans, plans of condominiums, and site plan agreements. 2. Land Use 2.1. Residential, Low / Medium Density 2.1.1. Lands designated Residential, Low / Medium Density are to include a wide variety of housing forms. These can range from low density ground oriented units including detached units, semi-detached, duplex and triplex dwellings to medium density units that include townhouses (on-street, stacked, and block), low-rise apartment buildings, and retirement homes (independent living, assisted living). 2.1.2. Low Density housing forms may be developed within a net density range of 20 to 50 units per hectare. Maximum building heights shall be 3 storeys. 2.1.3. Medium density housing forms may be developed to a maximum net density of 75 units. Building heights will be limited to 4 storeys however a building height of up to 6 storeys may be considered with appropriate architectural or urban design guidelines in place. 2.1.4. An increase in the maximum density may be considered without amendment to the Plan if appropriate design controls are in place and internal and external municipal services are sufficient to accommodate higher overall densities in the Plan Area. 2.1.5. Reverse lot frontage is to be avoided for all housing forms and only considered where it is demonstrated to be the only alternative. 2.1.6. Building designs should minimize the visual impact of garage doors on the public streetscape. The implementing by-law shall address this by regulating provisions such as garages being setback behind the liveable portions of ground oriented dwellings, limiting garage widths to a percentage of the overall unit width, and other means Council deems Page 282 of 340 appropriate to limit their visual impacts on public streetscapes. 2.1.7. Medium Density housing forms should: 2.1.7.1. be located near the open space system and/or a community centre to provide residents easy access to a variety of amenities; 2.1.7.2. be designed with a pedestrian-oriented street frontage that locates buildings close to the street and provides front entrances that are visible from the street. Parking lots should be located within rear or interior side yards. Landscape buffers along any property line shall be designed to provide appropriate levels of screening; and 2.1.7.3. have direct vehicular access to a collector road, subject to site specific conditions and 2.2. Institutional 2.2.1. Institutional uses including public schools, private schools, places of worship, community centres and retirement homes and long-term care facilities are permitted the Residential, Low/Medium Density and Mixed Use designations subject to the following policies: Public Schools 2.2.2. The need for publicly funded schools will be determined by the respective school boards. Locations of any future schools will be guided by the following: 2.2.2.1. The site should be centrally located such that the majority of students are within an 800 metre radius to contribute to its walkability; 2.2.2.2. Elementary school sites shall have an area of approximately 2 hectares and be located with adequate frontage on at least one collector road; 2.2.2.3. School sites should be integrated with the open space system; and 2.2.2.4. Sites should be adequately separated from lands designated Industrial and the CP Rail line. Any site located within 300 metres of lands designated Industrial or 300m for noise mitigation, and 75m for vibration, from the rail line shall be required to address noise and/or vibration issues and provide Page 283 of 340 appropriate building design and mitigation measures. Other institutional uses 2.2.3. Institutional uses not listed in Policy 2.3.1 shall:  not have direct access onto a local road;  locate parking within rear or interior side yards;  provide landscape buffers along any property line with appropriate levels of screening;  construct buildings near the street frontage to provide a street presence; and  address noise or vibration issues where institutional uses are located within 300 metres of lands designated Industrial or 300m for noise mitigation, and 75m for vibration, from the rail line through building design and mitigation measures. 2.3. Mixed-Use 2.3.1. Land uses within the Mixed-Use designation include commercial (e.g. retail, hotel, restaurants) and residential uses. 2.3.2. Buildings may be developed as mixed use or stand-alone commercial or residential uses. 2.3.3. Building heights should be a minimum of 2 storeys, although 2 interior functional storeys may not be required, up to a maximum of 12 storeys with building massing increased at major road intersections. 2.3.4. Buildings should be designed and massed to frame streets and open spaces, enhance the public realm, and provide a comfortable pedestrian environment during all four seasons by ensuring adequate sunlight to public spaces and limiting uncomfortable wind conditions. 2.3.5. Sidewalks and public squares should be designed to provide safe, attractive, well designed and coordinated landscaping, lighting and street furnishings that enhance the pedestrian experience. Public art may be added to public squares to provide further interest. 2.3.6. Parking areas should be provided in structures. Where structures cannot be accommodated surface parking areas should be located in rear or interior side yards. Where a rear Page 284 of 340 or exterior lot line or the rear or side building fa cade abuts a public road, enhanced landscaping and building treatments shall be employed to ensure that building facades and servicing areas are attractive or appropriately screened from view. Commercial Uses 2.3.7. Commercial uses may be developed as follows:  permitted uses include retail, office, theatre, arts, entertainment, restaurant, hotel, tourist, time share, medical, health and wellness, recreational, cultural and personal service commercial uses; and  The maximum amount of retail floor space envisaged is 26,000 square metres. Individual retail stores will be limited to a size which reflects an urban scale of development and supports the pedestrian oriented built form and will be established in the Zoning By- law.  Non-residential uses shall occupy no less than 10% of the total floor area. Residential Uses 2.3.8. Residential uses may be developed as follows:  Stand-alone residential buildings may be developed at a minimum net density of 75 units per hectare;  Types of dwellings include apartment buildings, and retirement and long-term care facilities;  Residential uses, except for lobbies and associated functions, should occupy floors above the ground floor in mixed use buildings;  Shared parking arrangements within mixed use buildings may be permitted on a site-specific basis subject to submission of a Parking Demand Analysis, as part of an application to amend the Zoning By-law, to the satisfaction of the Director of Transportation Services; and  Outdoor amenity areas shall be provided. 2.4. Open Space System 2.4.1. The Open Space system includes parkland, trails and greenways and shall be confirmed during the approval of individual draft plans of subdivision. Page 285 of 340 2.4.2. Neighbourhood parks should be a minimum of 2 hectares in size and may accommodate active or passive recreation. The size of parkettes will be determined at the time of subdivision application. 2.4.3. Parkland dedication provided through individual plans of subdivision or condominium shall have connections to, or be readily connected to, other components of the open space system. 2.4.4. Storm water management facilities and natural heritage features will not be accepted as parkland dedication. 2.4.5. Greenways provide both a recreational and utilitarian function. Accordingly, connections will be made to the road network as well as to the office business park and mixed-use areas. 2.4.6. Trails and greenways should connect with Dorchester Road and Chippawa Creek Road which are within the Regional Bicycle Network System. 2.4.7. An Environmental Impact Study shall be prepared to the satisfaction of the City in consultation with Niagara Region and the Niagara Peninsula Conservation Authority (NPCA), when deemed appropriate, for any recreational trails that are planned to be extended into or adjacent to an area designated Environmental Protection Area. A Work Permit from the NPCA shall be obtained prior to construction, if deemed necessary. 2.5. Natural Heritage System 2.5.1. A Natural Heritage System (NHS) shall be applied to recognize the interdependence of natural heritage features and their associated functions, and to maintain those connections so that their existing ecologic and hydrologic functions are maintained or enhanced. Lands within the NHS are subject to the policies of Part 2, Section 11 Environmental Policies of the City of Niagara Falls Official Plan. 2.5.2. The NHS within the Plan Area is comprised of the following environmental features and associated buffers:  Provincially Significant Wetlands;  Significant Woodlands;  Significant Valley lands;  Significant Wildlife Habitat attributes and functions, including habitat for species-at-risk and rare plant communities; Page 286 of 340  Significant areas of natural and scientific interest (ANSI);  Hazard Lands;  Other natural heritage features (i.e. NPCA regulated wetlands, woodlands that are less than 4 hectares, treed slopes, and cultural habitat features; sensitive ground water areas, locally significant wetlands); and  Enhancement/restoration areas. Provincially Significant Wetlands 2.5.3. Provincially Significant Wetlands (PSW’s) identified by the Ministry of Natural Resources and Forestry (MNRF) shall be designated Environmental Protection Area on Schedules A and A-6. 2.5.4. A feature no longer identified as a PSW by the MNRF shall assume the land use designation of the adjacent land use designation provided that the feature fails to meet any other natural heritage criteria. Should the feature meet other criteria, the applicable policies of this Plan shall apply. Endangered Species Act 2.5.5. Endangered and threatened species shall be addressed in accordance with the Endangered Species Act (ESA) and continues to apply to subsequent Planning Act applications. 2.5.6. Natural Heritage feature FOD 7-3 as identified in the Savanta Environmental Impact Study, September, 2017 and Addendum, March, 2018 and on Schedules A-1, A-6 and A-6 (a) has the potential for endangered species habitat. Further studies as required by the MNRF shall be satisfactorily completed as part of the submission of any further Planning Act application in the vicinity of this feature. 2.5.7. Significant species habitat relocation shall be undertaken pursuant to any permits or approvals required under the ESA obtained from the MNRF. 2.5.7.1. The lands where the habitat is to be relocated shall be designated EPA. 2.5.7.2. The lands from which the habitat is removed shall be considered as EPA until such time as the habitat is removed. Subsequent to removal, the adjacent land use designation shall apply to the feature provided that feature fails to meet another other criteria. Page 287 of 340 2.5.7.3. The policies of 11.2.14 shall not apply with respect to habitat relocation pursuant to the ESA. Significant Wildlife Habitat 2.5.8. Natural Heritage Feature FOD 7-3 in the Savanta Environmental Impact Study, September, 2017 and Addendum, March, 2018 as FOD 7-3 and identified on Schedules A-1, A-6 and A-6 (a) contains potential Significant Wildlife Habitat (SWH). Further studies as shall be completed to the satisfaction of the City and NPCA as part of the submission of any further Planning Act application. 2.5.9. Development and site alteration may only be permitted if no negative impact has been demonstrated to the satisf action of the City, in consultation with Niagara Region and the NPCA. 2.5.10. The relocation of SWH may only be undertaken after the satisfactory demonstration of no negative impact. 2.5.11. As a condition of draft plan approval, site plan approval or zoning by-law amendment, relocation works may only be undertaken under a Work Permit issued by the NPCA and in accordance with the conditions of a Resource Management Agreement entered into by the developer and the City. Woodlands 2.5.12. Woodlands that are shown on Schedule A-6(a) as “potential woodland removal area” will be subject to a holding provision in the implementing zoning by-law. A condition to be met prior to the lifting of the H -provision will be the submission of an updated EIS to the satisfaction of the City, in consultation with Niagara Region, as part of a complete Planning Act application which demonstrates no negative impact on significant natural features or their ecological function. Woodlands located outside the subject lands within Special Policy Area #56 as shown on Schedule A-6(a) shall be rehabilitated in accordance with the conditions of a Resource Management Agreement entered into by the developer and the City as a condition of draft plan approval, site plan approval or zoning by-law amendment. Resource Management Agreement 2.5.13. A Resource Management Agreement shall be executed between the property Owner and the City for any approved natural heritage feature removal and replacement, Page 288 of 340 restoration, or enhancement program. The Agreement shall address the following:  The provisions for the removal of certain environmental components within Plan Area consistent with Schedule A-6(a);  The provision for enhancement, restoration or replacement either on land within or outside of the Plan Area, consistent with Schedule A-6(a);  The identification of replacement lands that shall be designated as EPA and zoned Environmental Protection to ensure long-term protection of the restoration/enhancement areas;  A description of the works related to environmental restoration, replacement or enhancements and the timing of these works, including provision of a detailed ecological restoration/enhancement plan. Such a plan shall require restoration/enhancement to help restore degraded woodlands and existing natural heritage features.  A detailed multi-year monitoring plan of the restoration/enhancement works is required;  Any work permits required under NPCA regulations; and  A Letter of Credit for the total of the restoration/enhancement works shall be submitted to the City prior to initiation of the restoration/enhancement works. Buffers 2.5.14. A thirty (30) metre buffer shall be established to protect the ecologic and hydrologic functions of natural heritage features. The thirty (30) metre buffer may be increased or decreased, based on an approved Environmental Impact Study required through the subdivision and development application process. 2.5.15. Where the extent of a buffer has been reduced through an approved EIS, the adjacent land use designation shall apply without amendment to this Plan. New development or site alteration within the naturally vegetated buffer determined through an approved EIS is not permitted. General Page 289 of 340 2.5.16. Development within wetlands and other features regulated under Ontario Regulation 155/06 within the OPA boundary may be permitted based on the findings and subject to the conditions of any relevant EIS. These requirements may be further refined through new Environmental Impact Studies, prepared to the satisfaction of the City in consultation with Niagara Region and the NPCA, submitted in support of subdivision or condominium applications. An NPCA Work Permit shall be obtained as a condition of draft plan approval, site plan approval or zoning by-law amendment. 2.5.17. Linkages and natural corridors will be provided in accordance with the findings of any relevant EIS at locations intended to facilitate species movement and maintain biodiversity. The linkages may include both anthropogenic corridors provided by parks and open space areas as well as natural corridors. The width of the linkages should be a minimum of 50 metres wide but the specific location, width, function and implementation details of all linkages and natural corridors will be addressed through an approved Environmental Impact Study at the subdivision or condominium approval stage. 2.5.18. The Con-Rail Drain may be enhanced to improve its ecological and aesthetic function. 2.5.19. Conservation measures permitted in accordance with Section 11.2.14 b) may include Low Impact Development Best Management Practices used to create a water balance to PSW’s subject to being limited to locations within buffer areas, appropriate technical supporting documentation and approval by Niagara Peninsula Conservation Authority. On-site stormwater management shall not negatively impact PSW’s or their hydrology. 2.5.20. Refinement to the extent of the Riverfront Community land use designations and the establishment of appropriate setbacks and linkages will occur at the zoning by-law, plan of subdivision, plan of condominium and site plan control stages and shall be based on relevant current or more detailed future Environmental Impact Studies. 2.5.21. Tree saving plans shall be required as part of subdivision and site plan applications to identify existing mature trees located outside of the Environmental Protection Areas and associated buffers to preserve and integrate them into the built environment where possible. 3. Infrastructure Page 290 of 340 3.1. Storm Water Management 3.1.1. Overland and piped storm water flows will not be directed outside of the respective watershed. 3.1.2. Storm drainage shall be conveyed to the Welland River or OPG Canal. 3.1.3. The location of storm water management facilities shall be confirmed through plans of subdivision in accordance with the recommendations of relevant studies and subject to approvals from the appropriate approval authorities. Such facilities are not shown on Schedule A-6 and may be located under any land use designation with the exception of the Environmental Protection Area. 3.1.4. Private individual or temporary storm water management facilities are discouraged. Such installations shall be undertaken at the cost of the developer. 3.1.5. Storm water management facilities will be constructed as naturalized features, utilizing native plant species and grading techniques to create a natural area. If required, public access will be limited using approved landscaping techniques; fencing is strongly discouraged. Such facilities should be integrated with the community’s Open Space System. 3.1.6. Low Impact Development storm water management best management practices is encouraged where appropriate to mimic the natural hydrology of the area and protect water quality. 3.1.7. The Con Rail drain will continue to act as a component of the storm water management system and will receive treated drainage from Plan Area as well as drainage from outside of this area. It may be enhanced with improved bed and slope treatments and added vegetation to aesthetically improve the appearance of the drain. Enhancements shall be implemented through subsequent Planning Act applications and will be subject to approvals from the appropriate authorities. 3.2. Sanitary and Water Services 3.2.1. Sanitary services will be constructed in accordance with the recommendations of approved servicing studies. This includes a pumping station required to service the Riverfront Community. Page 291 of 340 3.2.2. The Niagara Region 2016 Water and Wastewater Master Servicing Plan (MSP) has identified the need for a future South Niagara Falls Wastewater Treatment Plant (WWTP). 3.2.3. The Riverfront Community is located within the South Side High Lift Sewage Pumping Station sewershed. The Riverfront Community will convey sanitary flows to the South Side High Lift Pumping Station in the interim and ultimately to the future WWTP. 3.2.4. The City, in consultation with the Region, shall prepare the South Niagara Falls Servicing Strategy and wet weather/Inflow and Infiltration reduction program to determine the interim capacity available for development. The strategy will include a monitoring program to measure overall capacity of the South Side High Lift Sewage Pumping Station to accommodate interim gro wth in South Niagara Falls. 3.2.5. Future planning applications will require verification of the available wet weather sanitary capacity in the South Niagara Falls system as it relates to the development and identification of required mitigation measures to accommodate development to the satisfaction of the Region and City 3.2.6. All infrastructure shall be designed and constructed in accordance with the appropriate Regional and City standards and subject to review and approval by the appropriate authorities. 3.2.7. As a condition of future planning approvals, the Region will require that the owner provide a written undertaking to acknowledge to Niagara Region that draft approval of any development within the plan area does not include a commitment of servicing allocation by Niagara Region as servicing allocation will not be assigned until the plan is registered and that any pre-servicing will be at the sole risk and responsibility of the owner. 3.3. Utilities 3.3.1. The City shall participate in discussions with utility providers such as hydroelectric power, communications/ telecommunications, pipelines and natural gas to ensure that sufficient infrastructure is or will be in place to serve the community. 3.3.2. The appropriate locations for large utility equipment and cluster sites will be determined through the Environmental Assessment and subdivision processes. Consideration will Page 292 of 340 be given to the locational requirements for larger infrastructure within public rights of way, as well as easements on private property. 3.3.3. Utilities will be planned for and installed in a coordinated and integrated basis to provide for efficient, cost effective services and to limit disruptions. 4. Transportation 4.1. Individual Plans of subdivision will provide suitable connectivity to facilitate walking, cycling and access to transit. . 4.2. Right-of-way widths for arterial and collector roads shall be in accordance with PART 3, Section 1.5 – Transportation of the Official Plan. Right of way widths for local roads shall be determined at the time of subdivision approval but may be le ss than 20 metres subject to Council approval. The City may require road widening dedications in addition to the designated road allowances indicated in PART 3, Section 1.5 without the need for amendments to this Plan for purposes of:  Additional site triangles at intersections and entranceways necessary for traffic operational design purposes;  Turning lanes at intersections or to provide suitable access to major traffic generator developments;  Sites for traffic control devices (e.g. roundabouts) and transit facilities (e.g. bus lay-bys); and  Additional width to the scenic parkway to facilitate enhanced landscaping and active transportation facilities. 4.3. A traffic impact study or other transportation-related studies as may be determined shall be provided as part of an application for subdivision or Zoning By-law approval, to the satisfaction of the City. The traffic impact study will assess the impacts of the proposed phase of development on the existing road network, intersections and recommend any improvements to the road network that will be needed for that phase. A traffic monitoring program will be established as a condition of initial draft plan approval to assess the performance of the Stanley/Chippawa Parkway intersection and the need for any improvements. Any improvements to the existing road network or to intersections shall be a condition of draft plan approval and constructed at the cost of the applicant unless such improvements have been identified in the Development Charges By-law. Page 293 of 340 4.4. Dorchester Road and Chippawa Parkway are designated as local municipal arterial roads. The following policies shall apply to these arterial roads within this Plan Area:  Expansion of Dorchester Road and Chippawa Parkway from their current width is not required to support development of Riverfront Community.  Driveway access to arterial roads shall be restricted in accordance with the City’s requirements. On corner lots, driveway access shall be provided only from the lesser order road frontage.  Reverse lot frontage shall be avoided.  Generously landscaped open space shall be provided along arterial road frontages save and except for any driveway or sidewalk access.  Chippawa Parkway shall be designed as a scenic parkway through implementing plans of subdivision or municipa lly initiated processes, with designs that provide opportunities to enhance its scenic nature and facilitating views to the Welland River 4.5. The collector road network is shown on Schedule A-6. Collector roads are to provide for the conveyance of traffic wit hin the community and to provide for transit routes. Accordingly, the following shall apply:  Bicycle lanes should be provided on all collector roads.  Reverse lot frontage shall be avoided where possible.  Traffic circles/roundabouts will be encouraged to be used at the intersection of collector and arterial roads. 4.6. The specific configuration of local roads, laneways and the resultant lot patterns shall be established through implementing plan(s) of subdivision. 4.7. New road crossings of the CP Rail line will be limited to one inside the Plan Area, subject to federal rail legislation and prevailing railway regulations. 4.8. The construction of the bridge the Welland River is not required prior to the completion of the development of Phase 1 of Riverfront Community, based on the findings of the current transportation assessment. The 2017 Niagara Region Transportation Master Plan, which included extensive consultation with the City as well as other agencies and the public, determined that a crossing of the Welland Page 294 of 340 River would best address future needs. A Municipal Class Environmental Assessment (“Class EA”) shall be undertaken in the future to confirm the need and preferred location for a crossing of the Welland River. The Class EA process would include more detailed planning, environmental, engineering, and design work within a public and agency consultation framework 4.9. Initiation of the Class EA shall be triggered by any relevant development approvals beyond the Riverfront Community OPA boundary. This process may also be triggered if densities within the OPA boundary exceed those assumed in the Riverfront Community Transportation Assessment – April, 2018 (Paradigm Transportation Solutions Limited). In either case, a Transportation Impact Study will be required prior to approvals for these applications. The Class EA study shall identify community and environmental impacts, and shall identify measures to be undertaken to mitigate any such impacts. 5. Sustainable Development 5.1. Development shall occur in accordance with the Energy Conservation policies established in Part 3 Section 3.1 of this Official Plan and will be encouraged to exceed the energy efficiency requirements within the Ontario Building Code. New development will be encouraged to incorporate alternative energy sources where appropriate. 5.2. Development will be designed to encourage the use of transit and active modes of transportation and should facilitate the use of alternative energy vehicles where appropriate. 6. Growth Strategy 6.1. Order of Development 6.1.1. Development shall progress in an orderly, efficient and fiscally responsible manner. 6.1.2. Council may use holding provisions in the zoning of lands to ensure development occurs in an orderly manner. 6.1.3. Holding provisions can be lifted only after the following matters have been satisfied:  sufficient revenue has been, or will be, generated to finance the servicing of the proposed Plan Area, either through Development Charges revenue or other suitable means of finance; Page 295 of 340  any extensions of municipal sanitary sewers and watermains required to service the lands have been designed and approved for construction;  the extent of the short term (serviced) land supply within Plan Area is not more than 10 years; and  the execution of a required front ending agreement by the owner of lands in accordance with requirements of the Development Charges Act 6.1.4. Development shall not proceed until a municipal sanitary sewer and watermain are extended along Chippawa Parkway or Dorchester Road to Plan Area. The timing of the extension of the municipal sanitary sewers and watermains will be dependent on the financial resources of the City and/or any front-ending agreements between benefiting landowners. 6.1.5. The City, through future Development Charge By-law Reviews, may consider an area specific Development Charge By-law for Plan Area. 6.1.6. The development of employment generating uses is encouraged to proceed concurrently with residential development to help create a complete community. Convenience retail and service commercial uses are encouraged to develop concurrently with residential development to provide residents with daily services. 6.1.7. Medium and high-density housing forms should develop concurrently with lower density forms. Applications should provide an indication of the phasing of each dwelling type. 6.2. Front-ending Agreements 6.2.1. For the purposes of the policies associated with Plan Area, a front-ending agreement, pursuant to the Development Charges Act, is a financial contract with the City whereby an individual or individuals agree to pay for the installation of infrastructure identified in the Plan to permit development to proceed within Plan Area in advance of other benefiting development paying its share of costs within or outside the boundaries of Plan Area. 6.2.2. Council may consider entering into a front-ending agreement with the developer, as a condition of approval, in accordance with City policies and procedures respecting such agreements where an application has been made for development in advance of the installation of infrastructure identified within Plan Area policies as required to support the Page 296 of 340 subject development, including both on-site and off-site services as well as upstream and downstream system requirements. 7. Implementation 7.1. This Amendment shall be implemented in accordance with the requirements of the Planning Act, Development Charges Act and other applicable legislation. Development shall proceed by way of amendment to the Zoning By-law. Applications made shall comply with the policies regarding complete applications in PART 4 of this Plan. 7.2. Lands which require a Record of Site Condition (RSC) prior to development will be subject to an H-provision in site specific zoning. 7.3. Detailed air quality, noise and vibration studies will be required for any development for a sensitive land use proposed near a major facility such as a transportation corridor, industrial use, sewage or water treatment facility or pumping station, as part of subsequent Planning Act applications, including Zoning By-law Amendments, Draft Plans of Subdivision or Condominium, or Site Plan Approval. 7.4. Lands located in the eastern part of the Plan Area within a 300m distance separation from the concrete batching plant (Class III industry) on Progress Street as shown on Schedule A-6, shall be subject to further detailed land use compatibility assessments. Such assessments shall be submitted as part of any further Planning Act application. 7.5. Lot creation shall proceed primarily by way of plan of subdivision or condominium. Applications for consent or exemption from part lot control that maintain the integrity of the land use plan found on Schedule A-6 may be considered when:  plans of subdivision or condominium are not appropriate;  lands were not included in a plan of subdivision or condominium; or  further separation of buildings is required and either severance or exemption from part lot control is the most appropriate mechanism available or for other similar technical reasons. 7.6. Applications shall be consistent with the urban design policies of this Community Plan. Additional criteria may be provided through specific urban design guidelines submitted with applications for draft plan approval, site plan approval or zoning by-law amendment. Alternatively, the Region’s Model Urban Design Guidelines will be used if Urban Design Guidelines are not Page 297 of 340 prepared in support of the Riverfront Community’s draft plans of subdivision and condominium or for site plan review. 7.7. A Stage 3 Archaeological Assessment shall be conducted for Site AgGs-387 prior to development within 50 metres of this site. Development related activities shall not occur within the buffers recommended by this report. This site lies near Dorchester Road just north of the Con-Rail Drain. 7.8. Appropriate studies and clearances, such as Records of Site Conditions and detailed Environmental Impact Studies (EIS), s hall be required through implementing planning applications prior to final subdivision approval and site development. 7.9. Residential uses permitted in the implementing zoning by-laws shall allow for a wide range of housing opportunities to ensure affordable options are available. 7.10. Subject to specific requirements agreed upon with Indigenous communities, conditions of subdivision approval may require appropriate engagement with Indigenous communities, including requirements for the developer to engage personnel on site to monitor construction on behalf of those communities. This policy is will enable negotiations between the City and Indigenous communities as appropriate and shall not fetter opportunities for alternate approaches that may be agreed upon that more appropriately address Indigenous communities’ concerns and comments. Page 298 of 340 Page 299 of 340 Page 300 of 340 Z/ze Niagara_] Page 301 of 340 Page 302 of 340 CITY OF NIAGARA FALLS By-law No. 2018- A by-law to provide for the adoption of Amendment No. 129 to the City of Niagara Falls Official Plan (AM-2018-006). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS, IN ACCORDANCE WITH THE PLANNING ACT, 1990, AND THE REGIONAL MUNICIPALITY OF NIAGARA ACT, HEREBY ENACT AS FOLLOWS: 1. The attached text and map constituting Amendment No. 129 to the City of Niagara Falls Official Plan is hereby adopted. Passed this tenth day of July, 2018. ...................................................................... ..................................................... WILLIAM G. MATSON, ACTING CITY CLERK JAMES M. DIODATI, MAYOR First Reading: July 10, 2018 Second Reading: July 10, 2018 Third Reading: July 10, 2018 S:\OFFICIAL.PLN\AMEND\#129 Dunn Street\BYLAW_129.docx Page 303 of 340 OFFICIAL PLAN AMENDMENT NO. 129 PART 1- PREAMBLE (i) Purpose of the Amendment The purpose of the amendment is to add a Special Policy Area Designation to approximately 0.82 hectares of land fronting on the south side of Dunn Street, west of Ailanthus Avenue. The Special Policy Area Designation will allow the lands to be developed for 37 townhomes and with a density of 44.9 units per hectare. (ii) Location of the Amendment The amendment applies to the lands shown on Map 1. (iii) Details of the Amendment Map Change Schedule “A” to the Official Plan has been amended by adding Special Policy Area “72” Text Change PART 2, SECTION 13 - SPECIAL POLICY AREAS is amended by adding a new subsection. (iv) Basis of the Amendment The applicant (NNN Construction Ltd.) proposes to develop 0.82 hectares of land for 37 townhomes. The lands are designated Residential in the Official Plan and are subject to Special Policy Area No. 72. Special Policy Area No. 72 adds a site specific policy that permits a minimum density of 45 units per hectare. The City of Niagara Falls Official Plans designates the subject lands which permits a range of housing types including townhouses. The subject lands are within the Dunn Street Intensification Corridor. With the exception of the minimum density requirement of 50 units per hectare, the subject development meets the intent of the Intensification Corridors policies. The applicant is proposing to consolidate three under-utilized properties to develop the lands for a more comprehensive residential development. In addition, the proposed development will provide additional dwelling units in the neighbourhood. An Open House was held on May 16, 2018 to receive public comments on the application. A public meeting was held on June 19, 2018. Page 304 of 340 PART 2 - BODY OF THE AMENDMENT All of this part of the document entitled PART 2 - Body of the Amendment, consisting of the following text and attached map, constitute Amendment No. 129 to the Official Plan of the City of Niagara Falls. DETAILS OF THE AMENDMENT The Official Plan of the City of Niagara Falls is hereby amended as follows: 1. MAP CHANGE The "Area Affected by this Amendment", shown on the map attached hereto, entitled "Map 1 to Amendment No. 129", shall be identified as Special Policy Area "72" on Schedule "A" to the Official Plan. 2. TEXT CHANGE PART 2, SECTION 13 - SPECIAL POLICY AREAS is hereby amended by adding the following new subsection: 13.72 SPECIAL POLICY AREA "72" Special Policy Area "72" applies to approximately 0.82 hectares of land with approximately 55 metres of frontage on the south side of Dunn Street, west of Ailanthus Avenue. Notwithstanding the density provisions of Part 2, Section 1, policy 1.15(ii), this land may be developed with townhomes at a minimum density of 45 units per hectare. Page 305 of 340 DIXON ST COLLINSD R DUNN ST AILANTHUS AVORCHARD AVEDWARD AVLOCUS AVRALPH AVCLEVELAND AVLEVEL AVSUNNYLEA CR TOBY CR ¹ AM-2018-006 K:\GIS_Requests\ProTemplates\ZoningSchedules\ZoningSchedules.aprx CITY OF NIAGARA FALLS OFFICAL PLAN EXCERPT FROM SCHEDULE - A- FUTURE LAND USE PLAN Area Affected by this Amendent: MAP 1 TO AMENDMENT NO. 129 SCHEDULE - A - TO THE OFFICIAL PLAN 6/11/2018 72 NOTE: This schedule forms part of Amendment No. 129 to the Official Plan for the City of Niagara Falls and it must be read in conjunction with the written text. Proposed Change to Add: SPECIAL POLICY AREA "72" Tourist Commercial Residential Open Space Minor Commercial AM-2018-006_Amendment_129 1:5,000 Page 306 of 340 CITY OF NIAGARA FALLS By-law No. 2018 - A by-law to designate Lots 15 and 19, Registered Plan 59M-427, not be subject to part- lot control (PLC-2018-002). WHEREAS subsection 50(7) of the Planning Act, R.S.O. 1990, provides, in part, that the council of a local municipality may by by-law designate lands that would otherwise be subject to part-lot control, not be subject to such part-lot control; AND WHEREAS such by-laws are required under subsection 50(7.1) of the Planning Act to be approved by the appropriate approval authority, that being the Regional Municipality of Niagara as per subsection 51(5) of the Planning Act, subsequently delegated to the City of Niagara Falls by Regional Municipality of Niagara By -law No. 8819-97; AND WHEREAS the said lands are zoned by Zoning By-law No. 79-200, as amended by By-law No. 2012-133, to permit semi-detached dwellings; AND WHEREAS the owner of the said lands proposes to divide Lots 15 and 19 into 4 parcels to be sold separately; AND WHEREAS the Council of The Corporation of the City of Niagara Falls deems it expedient to designate that the said lands not to be subject to part-lot control. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That subsection 50(5) of the Planning Act, R.S.O. 1990, not apply to Lots 15 and 19, Registered Plan 59M-427, in the City of Niagara Falls, in the Regional Municipality of Niagara. 2. This by-law shall remain in full force and effect for two years from the date of passage of this by-law, after which time this by-law shall expire and be deemed to be repealed and of no effect. Passed this tenth day of July, 2018. .......................................................................... ................................................... WILLIAM G. MATSON, ACTING CITY CLERK JAMES M. DIODATI, MAYOR First Reading: July 10, 2018 Second Reading: July 10, 2018 Third Reading: July 10, 2018 S:\PART LOT CONTROL\2018\PLC-002\PLC-2018-002 By-law.docx Page 307 of 340 CITY OF NIAGARA FALLS By-law No. 2018 - A by-law to establish certain lands as a public highway to be known as, and to form part of, Oldfield Road. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That Part of Township Lot 188 Stamford, being Part 3 on Reference Plan 59R15702, in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That said Part of Township Lot 188 Stamford, being Part 3 on Reference Plan 59R15702; subject to easement as in SN547635; subject to easement as in SN550788, in the City of Niagara Falls, in the Regional Municipality of Niagara that is hereby established as a public highway, be known as and form part of Oldfield Road. 3. That Part of Township Lot 188 Stamford, being Part 4 on Reference Plan 59R15702, in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 4. That said Part of Township Lot 188 Stamford, being Part 4 on Reference Plan 59R15702, in the City of Niagara Falls, in the Regional Municipality of Niagara that is hereby established as a public highway, be known as and form part of Oldfield Road. Passed this tenth day of July, 2018. ....................................................................... ..................................................... WILLIAM G. MATSON, ACTING CITY CLERK JAMES M. DIODATI, MAYOR First Reading: July 10, 2018. Second Reading: July 10, 2018. Third Reading: July 10, 2018. Page 308 of 340 CITY OF NIAGARA FALLS By-law No. 2018 - A by-law to establish Part 3 on Reference Plan 59R16075 as a public highway to be known as, and to form part of Hodgson Avenue. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That Part of Block “A”, Plan 157 Stamford designated as Part 3 on Reference Plan 59R16075, in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That said Part of Block “A”, Plan 157 Stamford designated as Part 3 on Reference Plan 59R16075, in the City of Niagara Falls is hereby established as a public highway, be known as and form part of Hodgson Avenue. Passed this tenth day of July, 2018. ................................................................................ .................................................... WILLIAM G. MATSON, ACTING CITY CLERK JAMES M. DIODATI, MAYOR First Reading: July 10, 2018. Second Reading: July 10, 2018. Third Reading: July 10, 2018. Page 309 of 340 THE CORPORATION OF THE CITY OF NIAGARA FALLS BY-LAW Number 2018 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Stopping Prohibited, Heavy Vehicle Restriction) --------------------------------------------------------------- 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 (a) by adding to the specified columns of Schedule A thereto the following items: STOPPING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Mount Carmel North A point 20 metres east of Bernadette Crescent and At All Times Boulevard a point 67 metres east of Bernadette Crescent Mount Carmel South Bernadette Crescent and At All Times Boulevard a point 45 metres east of Bernadette Crescent Pettit Avenue East A point 30 metres south of Doreen Drive and At All Times a point 17 metres north of Doreen Drive Pettit Avenue West A point 5 metres south of Doreen Drive and At All Times a point 26 metres north of Doreen Drive Pettit Avenue East A point 17 metres north of Doreen Drive and 8:00 a.m. to 4:30 p.m. Sherwood Road Monday to Friday Pettit Avenue West A point 5 metres south of Doreen Drive and 8:00 a.m. to 4:30 p.m. A point 28 metres south of Sherwood Road Monday to Friday Page 310 of 340 COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Pettit Avenue West A point 26 metres north of Doreen Drive and 8:00 a.m. to 4:30 p.m. Cherrygrove Road Monday to Friday (b) by removing from the specified columns of Schedule A thereto the following item: STOPPING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Pettit Avenue East Doreen Drive and Sherwood Road 8:00 a.m. to 4:30 p.m. Monday to Friday Excluding Holidays (c) by adding to the specified columns of Schedule S thereto the following item: HEAVY VEHICLE RESTRICTION COLUMN 1 COLUMN 2 COLUMN 3 HIGHWAY BETWEEN TIMES/DAYS Dyson Avenue Ferguson Avenue and Leader Lane At All Times This By-law shall come into force when the appropriate signs are installed. Passed this tenth day of July, 2018. ......................................................................... ........................................................... WILLIAM G. MATSON, ACTING CITY CLERK JAMES M. DIODATI, MAYOR First Reading: July 10, 2018 Second Reading: July 10, 2018 Third Reading: July 10, 2018 Page 311 of 340 THE CORPORATION OF THE CITY OF NIAGARA FALLS BY-LAW Number 2018 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Stopping Prohibited, Standing Prohibited, Parking Meter Zones, Taxi Stands, Loading Zones, Stop 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 (a) by removing from the specified columns of Schedule A thereto the following items: STOPPING PROHIBITED COLUMN 1 HIGHWAY COLUMN 2 SIDE COLUMN 3 BETWEEN COLUMN 4 TIMES/DAYS Fallsview Blvd. West The south limit of Fallsview Blvd. and a point 39 m north of Livingstone St. At All Times Tow Away Zone Fallsview Blvd. West A point 60 m north of Livingstone St. and a point 85 m north of Livingstone St. At All Times Tow Away Zone Fallsview Blvd. East A point 80 m north of Livingstone St. and a point 98 m north of Livingstone St. At All Times Tow Away Zone Page 312 of 340 COLUMN 1 HIGHWAY COLUMN 2 SIDE COLUMN 3 BETWEEN COLUMN 4 TIMES/DAYS Fallsview Blvd. East A point 117 m north of Livingstone St. and a point 125 m north of Livingstone St. At All Times Tow Away Zone Fallsview Blvd. East Main St./Portage Rd. and a point 100 m north of Livingstone St. At All Times Tow Away Zone (b) by removing from the specified columns of Schedule B thereto the following item: STANDING PROHIBITED COLUMN 1 HIGHWAY COLUMN 2 SIDE COLUMN 3 BETWEEN COLUMN 4 TIMES/DAYS Fallsview Blvd. East A point 65 m north of Livingstone St. and a point 80 m north of Livingstone St. At All Times (c) by removing from the specified columns of Schedule G thereto the following item: PARKING METER ZONES COLUMN 1 HIGHWAY COLUMN 2 SIDE COLUMN 3 BETWEEN COLUMN 4 FEES COLUMN 5 MAXIMUM HOURS COLUMN 6 TIMES/DAYS Livingstone St. Both Stanley Ave. and Fallsview Blvd. $3.50/1 hour $1.75/30 minutes $14.00/ 8 hours $1.75 minimum payment 8 hours 6:00 a.m. to 3:00 a.m. Daily (d) by removing from the specified columns of Schedule K thereto the following item: TAXI ZONES COLUMN 1 HIGHWAY COLUMN 2 SIDE COLUMN 3 BETWEEN COLUMN 4 TIMES/DAYS Livingstone St. South A point 14 m west of Fallsview Blvd. and a point 26 m west of Fallsview Blvd. At All Times Page 313 of 340 (e) by removing from the specified columns of Schedule M thereto the following items: LOADING ZONES COLUMN 1 HIGHWAY COLUMN 2 SIDE COLUMN 3 BETWEEN COLUMN 4 TIMES/DAYS Fallsview Blvd. East A point 98 m north of Livingstone St. and a point 117 m north of Livingstone St. At All Times Fallsview Blvd. East A point 131 m north of Livingstone St. and a point 152 m north of Livingstone St. At All Times Fallsview Blvd. East A point 40 m south of Dunn St. and a point 158 m north of Livingstone St. At All Times Fallsview Blvd. West A point 85 m north of Livingstone St. and a point 105 m north of Livingstone St. At All Times (f) by removing from the specified columns of Schedule P thereto the following item: STOP SIGNS AT INTERSECTIONS COLUMN 1 INTERSECTION COLUMN 2 FACING TRAFFIC Livingstone St. and Oakes Dr. Eastbound on Livingstone St. (g) by adding to the specified columns of Schedule A thereto the following items: STOPPING PROHIBITED COLUMN 1 HIGHWAY COLUMN 2 SIDE COLUMN 3 BETWEEN COLUMN 4 TIMES/DAYS Fallsview Blvd. West The south limit of Fallsview Blvd. and a point 39 m north of Livingston St. At All Times Tow Away Zone Fallsview Blvd. West A point 60 m north of Livingston St. and a point 85 m north of Livingston St. At All Times Tow Away Zone Page 314 of 340 COLUMN 1 HIGHWAY COLUMN 2 SIDE COLUMN 3 BETWEEN COLUMN 4 TIMES/DAYS Fallsview Blvd. East A point 80 m north of Livingston St. and a point 98 m north of Livingston St. At All Times Tow Away Zone Fallsview Blvd. East A point 117 m north of Livingston St. and a point 125 m north of Livingston St. At All Times Tow Away Zone Fallsview Blvd. East Main St./Portage Rd. and a point 100 m north of Livingston St. At All Times Tow Away Zone (h) by adding to the specified columns of Schedule B thereto the following item: STANDING PROHIBITED COLUMN 1 HIGHWAY COLUMN 2 SIDE COLUMN 3 BETWEEN COLUMN 4 TIMES/DAYS Fallsview Blvd. East A point 65 m north of Livingston St. and a point 80 m north of Livingston St. At All Times (i) by adding to the specified columns of Schedule G thereto the following item: PARKING METER ZONES COLUMN 1 HIGHWAY COLUMN 2 SIDE COLUMN 3 BETWEEN COLUMN 4 FEES COLUMN 5 MAXIMUM HOURS COLUMN 6 TIMES/DAYS Livingston St. Both Stanley Ave. and Fallsview Blvd. $3.50/1 hour $1.75/30 minutes $14.00/ 8 hours $1.75 minimum payment 8 hours 6:00 a.m. to 3:00 a.m. Daily Page 315 of 340 (j) by adding to the specified columns of Schedule K thereto the following item: TAXI ZONES COLUMN 1 HIGHWAY COLUMN 2 SIDE COLUMN 3 BETWEEN COLUMN 4 TIMES/DAYS Livingston Street South A point 14 m west of Fallsview Blvd. and a point 26 m west of Fallsview Blvd. At All Times (k) by adding to the specified columns of Schedule M thereto the following items: LOADING ZONES COLUMN 1 HIGHWAY COLUMN 2 SIDE COLUMN 3 BETWEEN COLUMN 4 TIMES/DAYS Fallsview Blvd. East A point 98 m north of Livingston St. and a point 117 m north of Livingston St. At All Times Fallsview Blvd. East A point 131 m north of Livingston St. and a point 152 m north of Livingston St. At All Times Fallsview Blvd. East A point 40 m south of Dunn St. and a point 158 m north of Livingston St. At All Times Fallsview Blvd. West A point 85 m north of Livingston St. and a point 105 m north of Livingston St. At All Times (l) by adding to the specified columns of Schedule P thereto the following item: STOP SIGNS AT INTERSECTIONS COLUMN 1 INTERSECTION COLUMN 2 FACING TRAFFIC Fallsview Boulevard & Livingston Street Eastbound on Livingston Street Page 316 of 340 This By-law shall come into force when a certified copy of By-law 2018-60 has been registered in the Registry Office for the Land Titles Division of Niagara South . Passed this tenth day of July, 2018. .......................................................................... ..................................................... WILLIAM G. MATSON, ACTING CITY CLERK JAMES M. DIODATI, MAYOR First Reading: July 10, 2018 Second Reading: July 10, 2018 Third Reading: July 10, 2018 Page 317 of 340 THE CORPORATION OF THE CITY OF NIAGARA FALLS BY-LAW Number 2018 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Stopping Prohibited, Standing Prohibited, Parking Prohibited, Parking Meter Zones, Taxi Cab Stands, Loading Zones) --------------------------------------------------------------- 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 (a) by removing from the specified columns of Schedule A thereto the following items: STOPPING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Victoria Ave. East Clifton Hill and a point 106 m At All Times south of Clifton Hill Tow Away Zone Victoria Ave. West Clifton Hill and a point 43 m At All Times south of Clifton Hill Tow Away Zone Victoria Ave. West A point 63 m south of Clifton Hill At All Times and Magdalen St. Victoria Ave. West A point 24 m south of Magdalen St. and At All Times a point 65 m south of Magdalen St. Victoria Ave. West A point 65 m south of Magdalen St. and At All Times Ferry St. Page 318 of 340 (b) by removing from the specified columns of Schedule B thereto the following items: STANDING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Victoria Ave. East A point 15 m south of Magdalen St. and At All Times a point 5 m north of Magdalen St. Victoria Ave. West Magdalen St. and a point 24 m south At All Times of Magdalen St. (c) by removing from the specified columns of Schedule C thereto the following items: PARKING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Ferry St. North Victoria Ave. and a point 12 m north At All Times of Victoria Ave. Ferry St. North A point 26 m east of Ellen Ave. and At All Times a point 40 m west of Ellen Ave. Ferry St. South A point 21 m west of Clark St. and At All Times a point 25 m east of Clark St. (d) by removing from the specified columns of Schedule G thereto the following items: PARKING METER ZONES COLUMN 1 HIGHWAY Zone Area COLUMN 2 SIDE COLUMN 3 BETWEEN COLUMN 4 FEES COLUMN 5 MAXIMUM HOURS COLUMN 6 TIMES/DAYS Ferry St. Both Victoria Ave. and Fallsview Blvd. $3.50/1 hour $1.75/30 minutes $1.75 minimum payment 2 hours 8:00 a.m. to 12:00 a.m. Daily Victoria Ave. Both Centre St. and Ferry St. $3.50/1 hour $1.75/30 minutes $1.75 minimum payment 2 hours 8:00 a.m. to 12:00 a.m. Daily Page 319 of 340 (e) by removing from the specified columns of Schedule K thereto the following items: TAXI CAB STANDS COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Victoria Ave. West A point 46 m south of Magdalen St. and At All Times a point 52 m south of Magdalen St. Victoria Ave. East A point 110 m south of Centre St. and At All Times a point 122 m south of Centre St. Victoria Ave. East The north side of Magdalen St. and 6:00 p.m. to 6:00a.m. a point 6 m south of the north side of Magdalen St. (f) by removing from the specified columns of Schedule M thereto the following item: LOADING ZONES COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Victoria Ave. East The north side of Magdalen St. and At All Times a point 20 m south of the north side of Magdalen St. (g) by adding to the specified columns of Schedule A thereto the following items: STOPPING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Ferry Street South Clark Avenue and At All Times a point 22 metres east of Clark Avenue Ferry Street South A point 22 metres east of Clark Avenue and At All Times, from 12:00 p.m. on the a point 58 metres east of Clark Avenue Friday before Victoria Day to 12:00 p.m. on the Tuesday after Thanksgiving Day Ferry Street South A point 58 metres east of Clark Avenue and At All Times a point 83 metres east of Clark Avenue Ferry Street South A point 83 metres east of Clark Avenue and At All Times, from 12:00 p.m. on the Victoria Avenue Friday before Victoria Day to 12:00 p.m. on the Tuesday after Thanksgiving Day Victoria Avenue East Ferry Street and At All Times, from 12:00 p.m. on the a point 12 metres north of Ferry Street Friday before Victoria Day to 12:00 p.m. on the Tuesday after Thanksgiving Day Page 320 of 340 COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Victoria Avenue East A point 12 metres north of Ferry Street and At All Times a point 52 metres north of Ferry Street Victoria Avenue East A point 52 metres north of Ferry Street and At All Times, from 12:00 p.m. on the a point 110 metres north of Ferry Street Friday before Victoria Day to 12:00 p.m. on the Tuesday after Thanksgiving Day Victoria Avenue East A point 110 metres north of Ferry Street and 9:00 a.m. to 10:00 p.m. a point 2 metres north of Magdalen Street Victoria Avenue East A point 2 metres north of Magdalen Street and At All Times, from 12:00 p.m. on the a point 95 metres north of Magdalen Street Friday before Victoria Day to 12:00 p.m. on the Tuesday after Thanksgiving Day Victoria Avenue East A point 95 metres north of Magdalen Street and At All Times a point 135 metres north of Magdalen Street Victoria Avenue East A point 135 metres north of Magdalen Street and At All Times, from 12:00 p.m. on the a point 177 metres north of Magdalen Street Friday before Victoria Day to 12:00 p.m. on the Tuesday after Thanksgiving Day Victoria Avenue East A point 177 metres north of Magdalen Street and At All Times Clifton Hill Victoria Avenue West Centre Street and Ferry Street At All Times Ferry Street North Victoria Avenue and At All Times a point 60 metres east of Ellen Avenue Ferry Street North A point 60 metres east of Ellen Avenue and At All Times, from 12:00 p.m. on the a point 30 metres east of Ellen Avenue Friday before Victoria Day to 12:00 p.m. on the Tuesday after Thanksgiving Day Ferry Street North A point 30 metres east of Ellen Avenue and At All Times Ellen Avenue (h) by adding to the specified columns of Schedule C thereto the following items: PARKING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Ferry Street North Ellen Avenue and At All Times a point 40 metres west of Ellen Avenue Ferry Street South Clark Avenue and At All Times a point 21 metres west of Clark Avenue Page 321 of 340 (i) by adding to the specified columns of Schedule G thereto the following items: PARKING METER ZONES COLUMN 1 HIGHWAY Zone Area COLUMN 2 SIDE COLUMN 3 BETWEEN COLUMN 4 FEES COLUMN 5 MAXIMUM HOURS COLUMN 6 TIMES/DAYS Ferry Street Both Clark Avenue/ Ellen Avenue and Buchanan Avenue/ Fallsview Boulevard $3.50/1 hour $1.75/30 minutes $1.75 minimum payment 2 hours 8:00 a.m. to 12:00 a.m. Daily Ferry Street Both Victoria Avenue and Clark Avenue/ Ellen Avenue $3.50/1 hour $1.75/30 minutes $1.75 minimum payment 2 hours 8:00 a.m. to 12:00 a.m., From 12:00 p.m. on the Tuesday after Thanksgiving Day to 12:00 p.m. on the Friday before Victoria Day Victoria Avenue East Centre Street/ Clifton Hill and Ferry Street $3.50/1 hour $1.75/30 minutes $1.75 minimum payment 2 hours 8:00 a.m. to 12:00 a.m., From 12:00 p.m. on the Tuesday after Thanksgiving Day to 12:00 p.m. on the Friday before Victoria Day (j) by adding to the specified columns of Schedule M thereto the following item: LOADING ZONES COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Victoria Avenue East A point 110 metres north of Ferry Street and 6:00 a.m. to 9:00 a.m. a point 2 metres north of Magdalen Street 10:00 p.m. to 3:00 a.m. This By-law shall come into force immediately. Passed this tenth day of July, 2018. ......................................................................... ........................................................... WILLIAM G. MATSON, ACTING CITY CLERK JAMES M. DIODATI, MAYOR First Reading: July 10, 2018 Second Reading: July 10, 2018 Third Reading: July 10, 2018 Page 322 of 340 CITY OF NIAGARA FALLS By-law No. 2018 - 83 A BY-LAW TO AUTHORIZE ENTERING INTO AN AGREEMENT FOR SERVICES RELATED TO THE LIVE ADULT BUSINESS LICENSING BY-LAW WHEREAS pursuant to the provisions of Part IV of the Municipal Act, 2001, S.O. 2001 c.25, as amended, a municipality may pass by-laws for licensing, regulating and governing businesses; AND WHEREAS Section 9 of the Municipal Act provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; AND WHEREAS Section 20(1) of the Act provides that a municipality may enter into an agreement with one or more municipalities or local bodies, as defined in Section 19 or a combination of both to jointly provide, for their joint benefit, any matter which all of them have to power to provide within their own boundaries; AND WHEREAS Section 157(2) of the Municipal Act, provides that a municipality may delegate to another municipality, with the consent of the other municipality, the power to provide for a system of licences with respect to a business specified in the by-law and, for that purpose, sections 9, 10, 11 and 150 to 165 apply with necessary modifications to the other municipality; AND WHEREAS the Council of the Corporation of the City of Niagara Falls wishes to enter into an agreement for services for administration, inspection and enforcement of adult entertainment establishments and body rub parlours, with the Regional Municipality of Niagara. NOW THEREFORE THE CORPORATION OF THE CITY OF NIAGARA FALLS enacts as follows: 1. That the Corporation of the City of Niagara Falls is authorized, effective June 1, 2019, to enter into an agreement with The Regional Municipality of Niagara for the administration, inspection and enforcement of By-law 2002-197, as amended, with respect to adult entertainment establishments and body rub parlours. 2. That staff is authorized to negotiate terms of the proposed agreement and prior to implementation, submit to Council any modifications required to By-law 2002- 197 to reflect the terms of any negotiated agreement. Page 323 of 340 3. That this by-law shall come into force upon execution by the Mayor and Clerk. Passed this 10th day of July, 2018. ............................................................... ........................................................... WILLIAM G. MATSON, ACTING CITY CLERK JAMES M. DIODATI, MAYOR First Reading: July 10, 2018. Second Reading: July 10, 2018. Third Reading: July 10, 2018. Page 324 of 340 CITY OF NIAGARA FALLS By-law No. 2018 - 84 A by-law to amend By-law No. 2002-081, being a by-law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by-laws. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. By-law No. 2002-081 is amended by deleting Schedules “A”, “B”, AC” and “D4” and that Schedules “A”, “B”, “C” and “D4” attached hereto shall be inserted in lieu thereof. 2. That By-law 2018-55 be repealed. Passed this 10th day of July, 2018. ............................................................... ........................................................... WILLIAM G. MATSON, ACTING CITY CLERK JAMES M. DIODATI, MAYOR First Reading: July 10, 2018. Second Reading: July 10, 2018. Third Reading: July 10, 2018. Page 325 of 340 SCHEDULE “A” 1. Chief Building Official: Salvatore Valeo 2. Inspectors: Tammy Agnoletto Louie Baldinelli Jim Boutilier Luciano Chieca Tom Detenbeck Frank Devereaux Effat Effat Sandro Elia Adam Horton Kellie Kubik Matthew Lane Christel Meyer Roger Pigeon Bryan Plata Tony Ranalli Phil Ross Ellen Roupas Fred Sacco Ben Trendle Brian Sparks Jo Zambito 3. Municipal Enforcement Officers: Robert Davis Sandro Elia Doug Evans Nick Pietrangelo Brian Sparks Gerald F. Spencer Heather Stones Page 326 of 340 SCHEDULE “B” 1. Municipal By-law Enforcement Officers: Paul Brown Tim Burshtein Tom Craig Ed Czban Robert Davis John Grubich Nick Pietrangelo Dave Rogers Philip Rudachuk Bart Skiba Brian Sparks Heather Stones Salvatore Valeo Dan Wilson SCHEDULE “C” 1. Parking By-law Enforcement Officers: Paul Brown Marianne Catherwood Julio Cavaliere Joe Corradi Bill Crowder Mario Digianni Larry Downing John Garvie Kelly Hutchison John MacLeod Robert Mascia Krista McGowan Philip Rudachuk Chris Russell Martin Sabol James Walker Page 327 of 340 SCHEDULE “D4” HOCO LIMITED 1. Parking By-law Enforcement Officers on private property: Keith Bennett James Hole Ryan Benner Abby Kapur James D’Annunzio Dean Murray Cole Eckmier Carlos Peralta Justin Facci Sam Van Dyke Brittany Forcucci Page 328 of 340 CITY OF NIAGARA FALLS By-law No. 2018 – A by-law to provide for the levy and collection of sums required by the Main and Ferry Business Improvement Area for the year 2018. WHEREAS the Board of Management of the Main and Ferry Business Improvement Area was established by By-law No. 98-225 of the City of Niagara Falls; AND WHEREAS Section 208 of the Municipal Act, 2001, S.O. 2001, c. 25 requires that a Board of Management of a Business Improvement Area shall prepare a budget for each fiscal year and shall hold one or more meetings of the members of the Business Improvement Area for discussion of the proposed budget, and submit the budget for approval by Council; AND WHEREAS the Board of Management of the Main and Ferry Business Improvement Area has prepared a budget and presented that budget to the members of the Main and Ferry Business Improvement Area at a meeting of members of the Main and Ferry Business Improvement Area; AND WHEREAS the said budget was presented to and approved by the Council of the City of Niagara Falls; AND WHEREAS the budget of the Main and Ferry Business Improvement Area is raised by a levy upon the ratable property within the area of the Business Improvement Area; AND WHEREAS the Board of Management of the Main and Ferry Business Improvement Area has proposed that the budget be levied as a minimum or maximum charge pursuant to Section 208(3) of the Act; AND WHEREAS the City and the Board of Management of the Main and Ferry Business Improvement Area have undertaken and completed the procedures prescribed by Section 210 of the Act concerning notice of the consideration of a minimum or maximum charge; AND WHEREAS the Clerk of the City has determined that the vast majority of the membership of the Main and Ferry Business Improvement Area do not object to the minimum or maximum charge; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The sum of $20,000.00 shall be levied upon the non -residential properties located within the boundaries of the Main and Ferry Business Improvement Area. Page 329 of 340 2 2. Each property shall pay an amount calculated by dividing the sum of $20,000.00 by the number of non-residential properties within the boundaries of the Main and Ferry Business Improvement Area. 3. For the 2018 fiscal year the amount levied upon each non -residential property within the boundaries of the area of the Main and Ferry Business Improvement Area shall be $256.41. 4. This by-law shall come into full force and effect on the date of passage. Passed this tenth day of July, 2018. ......................................................................... ................................................... WILLIAM G. MATSON, ACTING CITY CLERK JAMES M. DIODATI, MAYOR First Reading: July 10, 2018. Second Reading: July 10, 2018. Third Reading: July 10, 2018. Page 330 of 340 CITY OF NIAGARA FALLS By-law No. 2018 - A by-law to authorize the execution of an Agreement with Niagara Regional Broadband Network Limited, respecting the use of a portion of land for the purposes of storing equipment to be located at, 3200 Stanley Avenue, Niagara Falls. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement dated July 10, 2018 and made between The Corporation of the City of Niagara Falls as Licensor, and Niagara Regional Broadband Network Limited as Licensee, respecting the use of a portion of the Licensor’s lands for the purpose of equipment storage, for a term of five years commencing August 1, 2018, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Agreement. Passed this tenth day of July, 2018. ........................................................................... ..................................................... WILLIAM G. MATSON, ACTING CITY CLERK JAMES M. DIODATI, MAYOR First Reading: July 10, 2018. Second Reading: July 10, 2018. Third Reading: July 10, 2018. Page 331 of 340 ._._.=m>mmmm_<_mz4EwamE83...Qm<2E3.88. wm._.Emm2" ._.Imnomwox>:oz01._.Im o:<O1Z_>O>_~>_u>_._.m Im«mEmmm.wm?mama8mmEm.._._om:m2__ -m_._o_- Z_>Q>_~>mmm_oz>_.wwo>om>zo Zm._.<<OWX_.__<__._.mo Imamsmmma.,m8:mQ8mmEm_._._om:mmm__ <<:mmm>mEmEomzmmm383%85.Wmmvoao:2Em83%_oom8qm»S8mS:_m< ><m::m.z?nmrm1m__m_mmmsossocgsmgEEcmozmo:mo_:_m._>..mnmosma:m?m8.Em ._.u«m3.mmm..y >20<<_._mmm>mEmEomzmoqmmEmqmcimqmmos3m_.2Em83%magEmimmm32m um&oc_m?_<o_mmQEmo_Em%m%_m..m_.235:8:m«m8.mag_Eos33:3_o__om__<mmEm 0.22zmmmmam_um__m_<_c:_o_um_wméamom:.:m_mmoom..m:_m<><m::m.2.3%._nm__m. 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EEmm<m2Em.Emoo3_,..Em:o:3m:<8%8Em_u:m3_mmm_m0:258.Em Eomsmmmm:m__:=3mq_m$_<E83.EmEomzmo:omEm:m<<oo3c:_m.._o:. mmzmwz. ._.:_m>m:mm3m3mag22mo:mnE_mm:m:m8oo:mESmmEmm3:mmm:mm3m3 umgmmsEmumamm:m_m::c8Emmcgmo?3m:m_.:m:monmzawcvmamammm__98: mm:mm3m:a.:mEmmm:8:o:m_Em:ma._mm_c:gm:m8:a_:um.ooaaaosmo:oo=mnm:m_ mu_.mmEm:$.<EmEm:oE_o:s:_:ms.mxu?mmmo:.323.SEqmmcma8Em magma»32$.:m:moa dam>m:mm3m:..Em:m:Sm8Emcm:mEonmacm23.5cue:Emumammmag Em:?Em:mumzazm?mmm?sm. .2<<_._.zmmmExmxmomEmvmamm:m<mmaxmgEm::mmumo:<moo?oazmmmm_m mmmm?ma3Em33%2Em::mmvmo:<mo3om:m9%m:Eo:Nmn_EEm”$3: ._._.=mOO_~.uOW>._._O201.:._m O_._.<O_uZ_>0>W>_u>_._.m _um: ._m3mm_<_.20%?.532 <<==m30._sm8o:.>nE60.20.2..Page 336 of 340 z_>m>z>wmo_oz>_.mzo>uw>zo zmjzomx_._._.m_u _um: 2939.....»%h19.2.) =<<m=m<om.._=.o:.<.6San.=5 oo:.o_.m=o_..Page 337 of 340 mozmucrm._>:Page 338 of 340 moxmucrm6.. $8m.m:_m<><m:cm” _um:aosimzuro..£m83_ao3:Um:._.os3w:_ure»3maaaamczmom.o:_<mm3 wwmmmoswcgmo?8wwmommsQ/Bmsqmq.E:mmm.88.>.moEm<xQ?22_mmmB _um__m__»m@_o:m__<E:_o_um_=<2zmmmmar53.6m__3_u_zEmgbso2.3.Page 339 of 340 CITY OF NIAGARA FALLS By-law No. 2018 - 85 A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 10th day of July, 2018. 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 10th day of July, 2018 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 tenth of July, 2018. .............................................................. ............................................................. WILLIAM G. MATSON, ACTING CITY CLERK JAMES M. DIODATI, MAYOR First Reading: July 10, 2018 Second Reading: July 10, 2018 Third Reading: July 10, 2018 Page 340 of 340