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2018/08/14
City of Niagara Falls Agenda City Council Meeting Tuesday, August 14, 2018 @ 5:00 PM Council Chambers Page 1. IN CAMERA SESSION OF COUNCIL 3:30 P.M. 1.1. In Camera Resolution Aug 14 16 2. CALL TO ORDER 2.1. O Canada to be sung by Milana Abbruscato. Anthem Singer Milana Abbruscato 17 3. ADOPTION OF MINUTES 3.1. Council Minutes of July 10, 2018. City Council - 10 Jul 2018 - Minutes - Pdf 18 - 35 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. British Canadian Veterans Association Acting Mayor Vince Kerrio will recognize the BCVA for the donation made to the 1812 Lundy's Lane Battlefield Redevelopment Project last year. British Canadian Veterans Association - Donor Recognition 36 Page 1 of 623 6.2. Wellspring Niagara Ann Mantini - Celima Co-Founder & Executive Director and Joe Matthews Co-Chair Board of Directors will inform Council of the new Regional Cancer support centre being built to better serve the residents of Niagara and the Help Us Build Hope Campaign. Wellspring Niagara 37 6.3. Team Niagara Lymphoma Awareness Tiffany Aello would like to address Council about fundraising and awareness initiatives. Team Niagara Lymphoma Awareness World Lymphoma Awareness Day 38 - 39 6.4. Canadian Gymnastics Gold Medalist Acting Mayor Vince Kerrio will recognize Ava Pietrangelo who competed and won gold on the vault in the 2018 Canadian Artistic Gymnastics Championships held in Waterloo, Ontario. Ava Pietrangelo - Canadian Gymnastics Gold Medalist 40 6.5. Rapids Atom A Girls Hockey The Rapids Atom A girls hockey team will be recognized for becoming Bronze Medalists. Rapids atom A Girls Hockey 41 6.6. Nick Golia, Project Manager for the City will make a short presentation regarding the Boyers Creek Municipal Drain. MW-2018-14 - Boyer's Creek Municipal Drain, Final Engineer's Report MW -2018-14 - Boyer's Creek Municipal Drain - Final Engineer’s Report Consideration Meeting MW -2018-14 - Attachment 1 - Boyers Creek Drain Engineers Report MW -2018-14 - Attachment 2 - Boyers Creek Drain Engineers Report Plan & Profile 42 - 96 Page 2 of 623 6.7. Development of Reilly Street End in Chippawa - Mr. Jay Mason will make a brief presentation on behalf of Mr. John Bevan regarding building a dwelling on lands located on the Reilly Street End in Chippawa. Reilly Street End 97 - 98 7. PLANNING MATTERS 7.1. Public Meeting AM-2017-011, Official Plan & 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 Background Report: PBD-2018-60 Deferral Request - See letter on behalf of Weston Consulting PBD-2018-60, AM-2017-011, 5507 River Development, Official Plan and Zoning By-law Amendment Deferral Request from Weston Consulting Correspondence from Ken Westhues Comments from Kenneth Westhues (3) Corespondence from C. G. Kirkpatrick Correspondence from Debra Jackson (2) Correspondence from Debra Jackson Correspondence from Gary and Donna Mongeri Correspondence from George Litwicki Correspondence from Kenneth Westhues COrrespondence from Mr. & Mrs. Kirkpatrick 99 - 139 Page 3 of 623 Correspondence from Resident Linda Haitos Correspondence from Resident Rita Vetere Correspondence from Rita Vetere(2) Correspondence from Susie Ong Letter from Kenneth Westhues (2) Letter from Resident Kenneth Westhues Comments from Linda Babb 7.2. Public Meeting AM-2018-017, Zoning By-law Amendment Application 9889 Montrose Road Proposal: South Niagara Hospital Applicant: City of Niagara Falls Background Report: PBD-2018-55 PBD-2018-55, AM-2018-017, Proposed Hospital , 9889 Montrose Road, Zoning By-law Amendment 140 - 148 7.3. Public Meeting AM-2017-010 and 26CD-11-2017-006 Official Plan and Zoning By-law Amendment Application Draft Plan of Vacant Land Condominium South Side of Marineland Parkway opposite Ailanthus Avenue Applicant: Land Ridge Development Inc. (Vince Vocella) Agent: Michael Sullivan, Sullivan Planning Background Report: PBD-2018-57 PBD-2018-57, AM-2017-010 & 26CD-11-2017-006, Baycrest Homes, Marineland Parkway Correspondence from Washington Mills 149 - 168 7.4. Public Meeting 169 - 180 Page 4 of 623 AM-2017-014, Zoning By-law Amendment Application Swayze Drive West of CN Railway Proposal: Two, 4-Storey Apartment Buildings Applicant: Niagara Olympia Homes (George Bahdi) Background Report: PBD-2018-52 PBD-2018-52, AM-2017-014, Swayze Drive West of CN Railway, Zoning By-law Amendment Correspondence from Dave Brown and Jim Powell Correspondence from Jim Powell 7.5. Public Meeting AM-2018-013, Zoning By-law Amendment Application 8004 Lundy’s Lane Proposal: Convert Motel into a 52 Unit Apartment Building Applicant: 2351188 Ontario Inc. (Bernie Peters) Agent: Frank Ierfino Background Report: PBD-2018-50 PBD-2018-50, AM-2018-013, 8004 Lundy's Lane, Zoning By-law Amendment 181 - 187 7.6. Public Meeting AM-2018-015, Zoning By-law Amendment Application Part 11, 12 and 15, 59R16028, Montrose Business Park Applicant: Ruth-Ann Nieuwesteeg (Patterson Funeral Home) Owner: City of Niagara Falls Proposal: To add Funeral Establishment, Cemetery, Crematorium, Columbarium and Scattering Ground to the List of Permitted Uses Background Report: PBD-2018-54 PBD-2018-54, AM-2018-015, Zoning By-law Amendment, Part 12, 59R16082, Patterson Funeral Home 188 - 195 7.7. Public Meeting 196 - 214 Page 5 of 623 26CD-11-2018-007 Legends Phase 1 Plan of Vacant Land Condominium 8960 Willoughby Drive Applicant: 800460 Ontario Inc. (Fred Costabile) Background Report: PBD-2018-59 PBD-2018-59, 26CD-11-2018-007, 8960 Willoughby Drive Correspondence from Donna Mongeri Comments from Niagara Region Correspondence from Thomson Rogers Lawyers 8. REPORTS 8.1. MW-2018-16 - Chippawa Public Boat Dock, Additional Funding Request MW -2018-16 - Chippawa Boat Dock - Additional Funding Request MW -2018-16 - Attachment 1 - MW -2011-20 - Proposed New Chippawa Boat Dock - FINAL MW -2018-16 - Attachment 2 - MW -2012-18 - New Chippawa Public Boat Dock Development - FINAL MW -2018-16 - Attachment 3 - Letter - Chippawa Boat Docks Committee - Additional Funding Request - June 29, 2018 MW -2018-16 - Attachment 4 - Budget Sheet - Chippawa Boat Dock - Front Street 215 - 239 8.2. MW-2018-17 - Update: Emergency Third Avenue Sewer and Watermain Replacement, Jepson Street to McRae Street MW -2018-17 - Attachment 1 - Location Map MW -2018-17 Emergency Third Avenue Sewer and Watermain Replacement - Update MW -2018-17 - Attachment 2 - MW -2018-15 - Emergency Third Ave Sewer Replacement - Jepson St to McRae St MW -2018-17 - Attachment 3 - Third Av. Budget Sheet 240 - 245 Page 6 of 623 8.3. MW-2018-18 - Eton Crescent Sewer Separation and Watermain Replacement, Tender Award - Contract No. 2018-454-17 MW -2018-18 - Eton Cr Contract 2018-454-17 MW -2018-18 - Attachment 1 - Location Plan MW -2018-18 - Attachment 2 - Budget Sheet Final 246 - 250 8.4. MW-2018-19 - Mewburn Rod Bridge Replacement Project Update MW -2018-19 - Mewburn Road Bridge Replacement Project Update MW -2018-19 - Attachment 1 - Location Plan 251 - 255 8.5. MW-2018-20 - Approval of Cemetery By-law Amendments MW -2018-20 - Approval of Cemetery By-Law Amendments MW -2018-20 - Attachment 1 - BAO Stamped Approval of By-Law 2016- 24 Amendments of July 2018 256 - 303 8.6. MW-2018-21 - Request for Proposal for Contract Services Award, Niagara Falls State of Good Repair Program - City Wide Sanitary System Flushing and CCTV Inspection MW -2018-21 Niagara Falls State of Good Repair Program - City Wide Sanitary System Flushing and CCTV Inspection MW -2018-21 - Attachment 1 - Capital Project Budget Sheets 304 - 309 8.7. CAO-2018-003 - The Centre for Applied Artificial Intelligence in Health Care- Niagara Falls CAO-2018-003 The Centre for Applied Artificial Intelligence in Health Care 310 - 312 8.8. CAO-2018-004 - Habitat for Humanity - Bellevue Street and Fourth Avenue CAO-2018-004 313 - 314 8.9. F-2018-29 - Monthly Tax Receivables Report - June F-2018-29 - Tax Receivables Monthly Report (June) F-2018-29 - Attachment 315 - 318 8.10. F-2018-30 - Municipal Accounts F-2018-30 Municipal Accounts 319 - 331 Page 7 of 623 F-2018-30 Attachment 8.11. PBD-2018-41 - Matters Arising from Municipal Heritage Committee, Request to Designate 2358 Portage Road PBD-2018-41, Matters Arising from MHC, 2358 Portage Rd 332 - 338 8.12. PBD-2018-48 Revitalization Grant Application – DRU-2018-001 5820 Robinson Street Applicant: Feng Han, CEO, Director of 1746362 Ontario Corp. PBD-2018-48, DRU-2018-001, 5820 Robinson Street 339 - 342 8.13. PBD-2018-49 - DB-2018-003, Deeming By-law Application Lot 135, Plan 226, Hawkins Street Applicant: Habitat for Humanity Proposed Residential Development PBD-2018-49, DB-2018-003, Habitat for Humanity, Lots 135, Plan 226, Hawkins St 343 - 346 8.14. PBD-2018-53 Request to Niagara Region, Urban Boundary Expansion PBD-2018-53, Request to Niagara Region, Urban Boundary Expansion 347 - 350 8.15. PBD-2018-56- GTY-2018-001, Gateway Community Improvement Plan and Municipal Employment Incentive Program Application 4757 Kent Avenue Hamill Machine Company Inc. PBD-2018-56, GTY-2018-001, Gateway CIP-Mun Employ Grant,4727 Kent St 351 - 356 8.16. PBD-2018-61 - AM-2003-020, Zoning By-law Amendment Application 5896 Dunn Street and 6046 Dunn Street Applicants: 2100422 Ontario Ltd. and 2251351 Ontario Inc. Removal of Holding (H) Regulations PBD-2018-61, AM-2003-020 Removal of (H) Symbol, 6046 Dunn Street -5896 Ailanthus 357 - 363 8.17. PBD-2018-62 - Modification to Draft Plan Approval for Warren Woods Phase 5 Subdivision East Side of Garner Road North of Brown Road Applicant: 1340258 Ontario Inc. (Robert O’Dell/Charles Lovracs) Agent: Upper Canada Consulting (Jennifer Vida) PBD-2018-62, Redline Revisions to Draft Plan Approval (Warren Woods Phase 5 Subdivision) 364 - 376 8.18. PDB-2018-63 AM-2017-005, City Initiated Official Plan and Zoning 377 - 379 Page 8 of 623 By-law Amendments Vacation Rental Units and Bed and Breakfasts PBD-2018-63, AM-2017-005, Regulating Vacation Rental Units and Bed and Breakfasts 8.19. PBD-2018-64 PLC-2018-004, Request for Removal of Part Lot Control Lots 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, and 37, Plan 59M- 447 Chippawa West Phase 2 - Stage 4 Plan of Subdivision Applicant: Upper Canada Consultants PBD-2018-64, PLC-2018-004, Request for Removal of Part Lot Control Chippawa West Phase 2 Stage 4 380 - 383 8.20. R&C-2018-14 - 2018 Arts & Culture Wall of Fame Inductees and Update R&C-2018-14- 2018 Arts & Culture Wall of Fame Inductions and Update R&C-2018-14- Attachment #1 Arts & Culture Wall of Fame Inductees Background Information R&C-2018-14 Attachment #2 2018 Arts & Culture Wall of Fame - proposed revised 1000.16 Arts & Culture Wall of Fame policy 384 - 392 8.21. R&C-2018-15 Recreation Software R&C-2018-15-Recreation Software 393 - 394 8.22. TS-2018-20 Summer Street – Parking Review TS-2018-20 Summer Street - Parking Review 395 - 397 8.23. TS-2018-21 - Transit Services Agreement with the Town of Fort Erie (September 2018 to April 2019) TS-2018-21 Transit Services Agreement - Town of Fort Erie 2018-2019 398 - 399 8.24. TS-2018-22 Transit Services Agreement with the Niagara College Student Administrative Council (September 1, 2018 to August 31, 2019) TS-2018-22 Transit Services Agreement - Niagara College Student Administrative Council 2018-2019 400 - 401 8.25. TS-2018-23 Snow Plowing & Salting/Sand and Snow Hauling of Municipal Parking Lots Contract Award TS-2018-23 Snow plowing, Salting and sanding contract award 402 - 404 8.26. TS-2018-24 Transit Services Agreement with the Regional Municipality of Niagara (September 1, 2018 to April 30, 2019) 405 - 406 Page 9 of 623 TS-2018-24 Transit Services Agreement - Region for Brock University Student Union 2018-2019 9. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 9.1. Clawback Percentages and Municipal Tax Adjustments - Correspondence from the Region that has asked to be circulated to local area municipal Councils for information. RECOMMENDATION: For the Information of Council Niagara Region - Clawback Percentages and Municipal Adjustments 407 - 413 9.2. Cannabis Odour Enforcement - Correspondence from the Town of Pelham that has asked to be circulated to local area municipalities to consider endorsement. RECOMMENDATION: For Council's Consideration Cannabis Odour Enforcement 414 - 415 9.3. Niagara Falls International Marathon - Correspondence from Diane Chesla, Race Director of the Niagara Falls International Marathon, ask for Council's assistance with shuttle service for both the participants and spectators. Additionally, assistance with road closure permit fees is requested. RECOMMENDATION: For Council's Consideration Niagara Falls International Marathon 416 9.4. Niagara Falls Oktoberfest 2018 - Applying for a Special Occasion Permit and designating event as "municipally significant". RECOMMENDATION: For the Approval of Council Niagara Falls Oktoberfest 417 - 418 9.5. Brother and Sister Community Day - that August 26, 2018 be declared as the official " Brother and Sister Community Day". RECOMMENDATION: For the Approval of Council Brother & Sister Community Day 419 - 420 9.6. Prostate Cancer - that September 2018 be declared "Prostate Cancer Awareness Month" in the City of Niagara Falls. 421 - 422 Page 10 of 623 RECOMMENDATION: For the Approval of Council Prostate Cancer Awareness Month 9.7. The Amanda Todd Legacy - Request that October 10th be proclaimed as " World Mental Health Day", in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council World Mental Health Day 423 9.8. Queen Street Cruisers – Cruise for a Cause: Celebrate Old Downtown is requesting relief of costs associated with their Road Use Permit for a fundraising event to be held September 1, 2018. RECOMMENDATION: For Council’s Consideration. Celebrate Old Downtown 424 - 425 9.9. Recovery 2018 Niagara - Request that September 16, 2018 be proclaimed as " Recovery Day" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council Recovery Day 426 9.10. Downtown BIA - Requesting access to CIP Funds for local improvements RECOMMENDATION: For the Consideration of Council NF Downtown BIA letter Niagara Falls Downtown BIA Membership Survey analysis Downtown BIA Invoice 427 - 457 10. RESOLUTIONS 10.1. WHEREAS Council determined that the proposed change to the conditions of approval of the Warren Woods Phase 5 Plan of Subdivision would permit 1340258 Ontario Inc. to divide a proposed block into two blocks in order to dedicate one block to the City of Niagara Falls to partially fulfill parkland dedication requirements and retain the second block for future development. THEREFORE BE IT RESOLVED that subject to subsection 51(47) of the Planning Act, 1990 R.S.O Council deems the change in the 458 Page 11 of 623 conditions of approval of the Warren Woods Phase 5 Plan of Subdivision minor and exempts the requirement for circula ting a written notice. Resolution Warren Woods 10.2. WHEREAS the modification does not change Council’s approval, as summarized in report PBD-2018-63. THEREFORE BE IT RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby determines, in accordance with Section 34(17) of the Planning Act, R.S.O. 1990, that the change to the proposed Zoning By-law for application number AM-2017-005 regarding a City initiated amendment for Bed and Breakfasts is minor in nature and does not require any further notice. Resolution to Council - AM-2017-005 459 11. RATIFICATION OF IN-CAMERA REPORTS 12. BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by-law listed for Council consideration. 2018-88 - A By-law to provide for drainage works in the City of Niagara Falls, in the Regional Municipality of Niagara, known as the Boyer’s Creek Municipal Drain. Boyer's Creek Municipal Drain Draft By-Law Schedule A Schedule B 460 - 559 2018-89 - A by-law to amend By-law No. 2003-164 to remove the holding symbol (H) on the Lands on the south side of Dunn Street, west of Ailanthus Avenue, to permit the maximum number of parking spaces that can be provided on the Lands to be increased from 1,360 parking spaces to 1,651 parking spaces (AM-2003-020). AM-2003-020 By-law AM-2003-020 Schedule 560 - 561 2018-90 - A by-law to provide for the adoption of Amendment No. 127 to 562 - 565 Page 12 of 623 the City of Niagara Falls Official Plan (AM-2017-005). OPA 127 By-law 2018-91 - A by-law to amend By-law No. 79-200; By-law No. 1538, of the former Township of Crowland, now the City of Niagara Falls; and By- law No. 395, of the former Township of Willoughby, now the City of Niagara Falls, to introduce new definitions and regulatory provisions respecting Bed and Breakfasts (AM-2017-005). AM-2017-005 By-law BNB 566 - 573 2018-92 - A by-law to amend By-law No. 79-200, to introduce new definitions and regulatory provisions respecting Vacation Rental Units (AM-2017-005). AM-2017-005 By-law VRU 574 - 576 2018-93 - A by-law to amend By-law No. 79-200, to add a gasoline bar to the list of uses permitted on the Lands (AM-2017-012). AM-2017-012 By-law AM-2017-012 Schedule 577 - 579 2018-94 - A by-law to amend By-law Nos. 395, 1966 and 79-200, to permit a single detached dwelling and to protect a Provincially Significant Wetland on the Lands (AM-2017-022). AM-2017-022 By-law AM-2017-022 Schedule 580 - 582 2018-95 - A by-law to amend By-law No. 79-200, to permit the use of the Lands for 31 townhouse dwelling units and 8 quadruplex dwelling units (AM-2018-008). AM-2018-008A By-law AM-2018-008A Schedule 583 - 586 2018-96 - A by-law to amend By-law No. 79-200, to permit the use of the Lands for 38 townhouse dwelling units (AM-2018-008). AM-2018-008B By-law AM-2018-008B Schedule 587 - 589 2018-97 - A by-law to amend By-law No. 79-200, to permit the use of the Lands for 37 townhouse dwelling units (AM-2018-008). 590 - 592 Page 13 of 623 AM-2018-008C By-law AM-2018-008C Schedule 2018-98 - A by-law to amend By-law No. 79-200, to permit the use of the Lands for a 6 unit apartment dwelling (AM -2018-010). AM-2018-010 By-law AM-2018-010 Schedule 593 - 595 2018-99 - A by-law to amend By-law Nos. 1538 and 79-200, to allow an increase in the building height for the proposed hospital and to protect a Provincially Significant Wetland on the Lands (AM-2018-017) AM-2018-017 By-law AM-2018-017 Schedule 596 - 598 2018-100 - A by-law to designate Lot 135, Plan 226, to be deem ed not to be within a registered plan of subdivision (DB-2018-003). DB-2018-003 By-law 599 2018-101 - A by-law to designate Lots 79 and 80, Plan 193, to be deemed not to be within a registered plan of subdivision (DB -2018-004). DB-2018-004 By-law 600 2018-102 - A by-law to designate Lots 142, 143, 144, and Part Lot 145, Plan 1002, to be deemed not to be within a registered plan of subdivision (DB-2018-005). DB-2018-005 By-law 601 2018-103 - A by-|aw to authorize the execution of an Agreement with Niagara Falls Canada Hotel Association Inc, respecting the funds generated by the Transient Accommodation Tax. Execution re Transient Accommodation Tax Agreement 602 - 607 2018-104 - A by-law to establish a Municipal Accommodation Tax. Transient Accommodation Tax 608 - 611 2018-105 - A by-law to designate Lots 60, 61, 62, 63, 64, 65 and 68, Registered Plan 59M-447, not be subject to part lot control (PLC-2018- 003). PLC-2018-003 By-law 612 Page 14 of 623 2018-106 - A by-law to authorize the execution of an Agreement with Niagara Region, for the collection of U-Pass Fees from the Brock University Students Union on behalf of The City of Niagara Falls, Transit Services. Niagara Region - BUSU 613 2018-107 - A by-law to authorize the payment of $26,296,569.14 for General Purposes. 07 - Municipal Accounts 180814 614 2018-108 - 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 Aug 14 By-law Enforcement Officers 615 - 616 2018-109 - A by-law to designate Lots 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, and 37, Registered Plan 59M-447, not be subject to part-lot control (PLC-2018-004). PLC-2018-004 By-law 617 2018-110 - A by-law to amend By-law No. 2018-34 to remove the holding symbol (H) on the Lands on the south-east corner of Willoughby Drive and Weinbrenner Road, to permit the use of the Lands for uses permitted under a R4 zone. (AM-2017-021) AM-2017-021 By-law AM-2017-021 Shedule 618 - 619 2018-111 - A by-law to amend By-law No. 79-200 to add a crematorium and a funeral establishment to the list of permitted uses on the Lands (AM-2018-015). AM-2018-015 By-law AM-2018-015 Schedule 620 - 622 2018-112 - A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 14th day of August, 2018. 08 14 18 623 13. NEW BUSINESS 14. ADJOURNMENT Page 15 of 623 The City of Niagara Falls, Ontario Resolution Auguest 14, 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 August 14, 2018 at 3:30 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 16 of 623 Milana Abbruscato is 13 years old and heading into Grade 9 at St. Paul Catholic High School. This past year , Milana starred in the lead role of Ariel in Cardinal Newman Elementary School's, production of "A Little Mermaid". At her Grade 8 graduation, she was honoured to receive the Valedictorian award as well as the Science, Drama, Dance, and French awards. Milana loves to dance, play soccer, and sing. She has two sisters and she is extremely excited to be singing O Canada for City Council tonight. Page 17 of 623 MINUTES City Council Meeting Tuesday, July 10, 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 Carolynn Ioannoni, Seconded by Councillor Wayne Campbell that the Council enter into an In Camera session. Carried Unanimously 2 CALL TO ORDER a) 2018-70 A by-law to appoint Councillor Vince Kerrio as Acting Mayor. ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Victor Pietrangelo that the by-law be given a first reading. Carried Unanimously ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Victor Pietrangelo that the by-laws be give a second and third reading and passed. Carried Unanimously 3 ADOPTION OF MINUTES a) Council Minutes of June 8, 2018. Page 1 of 18 Page 18 of 623 City Council July 10, 2018 ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Kim Craitor that the minutes of June 19, 2018 be approved as recorded. Carried Unanimously 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 Strange indicated a pecuniary interest to cheque number 416290 and to communication item 11.10 Heaters Heroes. b) Councillor Pietrangelo indicated a conflict to wire transfer 00160-0004 made out to the Niagara Catholic District School Board his employer. c) Councillor Ioannoni indicated a pecuniary interest to 416628, made payable to herself. d) Councillor Campbell indicated a pecuniary interest to cheque number 416133 made payable to himself and cheque 416353 made payable to his wife. e) Councillor Craitor indicated a pecuniary interest to cheque number 416155, made payable to himself. 5 MAYOR'S REPORTS, ANNOUNCEMENTS a) Acting Mayor Vince Kerrio offered condolences to the famiy of Karen Wilvers-Courtney, mother-in-law of Jeff Anderson a City employee; Brenda Fisher Hyde the daughter of former City Councillor Shirley Fisher; Ken Boutilier retired Platoon Chief and uncle of Fire Chief Boutilier; Sheila Detenbeck, mother of Tom Detenceck of Fire Services; Angelo Amato father in law of Rob Vachon a City employee; Reverend Duncan Lyon who gave the address and prayer at the City's Remembrance day services for many years; and to the family of John Holer. Acting Mayor Vince Kerrio announced the following: Toronto Maple Leafs announce training Camp in Niagara Falls September 14-16, 2018 at the Gale Centre. Full details and weekend schedule will be released in the coming weeks. Page 2 of 18 Page 19 of 623 City Council July 10, 2018 The next meeting of City Council will be August 14, 2018. 6 DEPUTATIONS / PRESENTATIONS a) Wise Guys Charity Alex DiGenis and Doug Smith informed Council of the Wise Guys Charity Fund and asked for the support of Council in sharing the information with the community. ORDERED on the motion of Councillor Carolynn Ioannoni, Seconded by Councillor Mike Strange to allow a deputation regarding the Wise Guys Charity. Carried Unanimously b) Adult Business Licencing Delegation Jeanette Goemans, Business Improvement Manager with the Niagara Region, updated Council on the transition of Business Licencing with regards to Adult Entertainment to the Region. ORDERED on the motion of Councillor Wayne Campbell, Seconded by Councillor Wayne Thomson that Council delegate their authority to the Niagara Region for the administration, inspection and enforcement of By-law 2002-197, as amended, with respect to adult entertainment establishments and body rub parlours. Carried Unanimously c) CN Train 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 The report recommend that the report is for the information of City Council. Staff will be providing a complete project update following the next steps identified in the report. Page 3 of 18 Page 20 of 623 City Council July 10, 2018 ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Carolynn Ioannoni that the report be approved as recommended. Carried Unanimously 7 PLANNING MATTERS a) 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 The Director of Planning and Development provided Council with background on the application. The report recommends 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. Leslie, owns land south of property, expressed environmental concerns. Alex and Sheila Charkot, applicants, were pleased with the staff repo rt and recommendations and asked for the support of Council. The Public meeting was Closed. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Victor Pietrangelo that the report be approved as recommended. Carried Unanimously b) Public Meeting AM-2018-008, Zoning By-law Amendment Application, 26CD-11-2018- Page 4 of 18 Page 21 of 623 City Council July 10, 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 The Director of Planning and Development provided Council with background on the application. The report recommends the following: 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 plans 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 David Lepp, 8492 Sweetchestnut Crt., expressed concerns with vacation rentals. The Public Meeting was Closed. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Victor Pietrangelo that the report be approved as Page 5 of 18 Page 22 of 623 City Council July 10, 2018 recommended. Motion Carried with Councillors Campbell and Craitor opposed. c) 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 The Director of Planning and Development provided Council with background on the application. The report recommends the following: 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. Susan Rogers, 7149 McLeod Road, is opposed to the proposal, she believes there will be increased traffic in the area and view of street will be obstructed. Tom Vattovaz, applicant, was in support of the staff report and recommendations. The Public Meeting was Closed. ORDERED on the motion of Councillor Wayne Campbell, Seconded by Councillor Mike Strange that the report be approved as recommended; with an amendment to include the residents in the site plan process. Carried Unanimously Page 6 of 18 Page 23 of 623 City Council July 10, 2018 d) 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 The Director of Planning and Development provided Council with background on the application. The report recommends the following: 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. George Radjcic, representing the applicant, was in agreement with the staff report and recommendations and was available to answer any questions. The Public meeting was Closed. ORDERED on the motion of Councillor Kim Craitor, Seconded by Councillor Victor Pietrangelo that the report be approved as recommended. Carried Unanimously e) Public Meeting AM-2018-014, Zoning By-law Amendment Application 8215 Heartland Forest Road Proposal: Rezone Lands in Accordance with Official Plan Policies Page 7 of 18 Page 24 of 623 City Council July 10, 2018 Applicant: City of Niagara Falls on behalf of Heartland Forest Nature Experiences Background Report: PBD-2018-47 The Director of Planning and Development provided Council with background on the application. The report recommends the following: 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 Tom Richardson, agent for the applicant, is in support of the staff report and recommendations. The Public meeting was Closed. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that the report be approved as recommended. Carried Unanimously 8 INTEGRITY COMMISSIONER REPORTS a) Report to Council on a Resolution made Concerning a Prior Integrity Commissioner Report to Council ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that the report be received and filed. Motion Carried with Councillor Ioannoni declaring a conflict. Page 8 of 18 Page 25 of 623 City Council July 10, 2018 b) Report to Council on a Resolution Made Complaint Alleging a Violation of the Code of Conduct for Members of Council. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Thomson that the report be received and filed. Carried Unanimously 9 REPORTS a) F-2018-28 - Municipal Accounts The report recommends that Council approve the municipal accounts totaling $8,240,905.01 for the period June 1, 2018 to June 27, 2018. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that the report be approved as recommended. Carried Unanimously b) F-2018-27 - Niagara Regional Housing Property Tax Exemption The report recommends the following: 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. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Mike Strange that the report be approved as recommended. Carried Unanimously c) 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 Page 9 of 18 Page 26 of 623 City Council July 10, 2018 The report recommends 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. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Wayne Campbell that the report be approved as recommended. Carried Unanimously d) 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. The report recommends 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. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Thomson that the report be approved as recommended. Carried Unanimously e) 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) The report recommends the following: 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 Page 10 of 18 Page 27 of 623 City Council July 10, 2018 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. that the report be approved as recommended. Carried Unanimously f) R&C-2018-13 - 2018 Sports Wall of Fame Inductees The report recommends the following: 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 ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that the report be approved as recommended. Page 11 of 18 Page 28 of 623 City Council July 10, 2018 Carried Unanimously 10 RESOLUTIONS a) AMO Stands with Canada and Ontario on NAFTA ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Victor Pietrangelo that the resolution be approved. Carried Unanimously b) Modification to the Draft Plan for Terravita Subdivision ORDERED on the motion of Councillor Wayne Campbell, Seconded by Councillor Mike Strange that the resolution be approved. Carried Unanimously 11 COMMUNICATIONS AND COMMENTS OF THE CITY CLERK a) 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 ORDERED on the motion of Councillor Wayne Campbell, Seconded by Councillor Victor Pietrangelo that Council receive the information. Carried Unanimously b) 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 ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that the communication be approved. Carried Unanimously Page 12 of 18 Page 29 of 623 City Council July 10, 2018 c) 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 ORDERED on the motion of Councillor Wayne Campbell, Seconded by Councillor Mike Strange that the communication be received and filed. Carried Unanimously d) 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 ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Victor Pietrangelo that the communication be approved. Carried Unanimously e) 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 ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that the communication be approved. Carried Unanimously f) 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 ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Wayne Campbell that the communication be approved. Page 13 of 18 Page 30 of 623 City Council July 10, 2018 Carried Unanimously g) 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 ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Victor Pietrangelo that the communication be approved. Carried Unanimously h) Lundy’s Lane BIA – Additions of Raphael Hermossa and Ewelnia Polujanska to the Board of Directors. RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Thomson that the communication be approved. Carried Unanimously i) 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 ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Campbell that the communication be approved. Carried Unanimously j) 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. Page 14 of 18 Page 31 of 623 City Council July 10, 2018 RECOMMENDATION: For the Consideration of Council ORDERED on the motion of Councillor Wayne Campbell, Seconded by Councillor Victor Pietrangelo that the communication be approved. Motion Carried with Councillor Strange declaring a conflict. k) 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 ORDERED on the motion of Councillor Wayne Campbell, Seconded by Councillor Mike Strange to received and file the communication. Carried Unanimously l) 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 ORDERED on the motion of Councillor Wayne Campbell, Seconded by Councillor Carolynn Ioannoni that the letters be circulated to the members of Council. Carried Unanimously 12 RATIFICATION OF IN CAMERA MATTERS BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by- law listed for Council consideration. ORDERED on the motion of Councillor Thomson, seconded by Councillor Strange that the by-laws be given a first reading. Carried Unanimously 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. Page 15 of 18 Page 32 of 623 City Council July 10, 2018 2018-72 A by-law to authorize the payment of $8,240,905.01 or General Purposes. 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. 2018-74 - 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). 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). 2018-76 A by-law to provide for the adoption of Amendment No. 128 to the City of Niagara Falls Official Plan (OPA #128). 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). 2018-78 A by-law to designate Lots 15 and 19, Registered Plan 59M- 427, not be subject to partlot control (PLC-2018-002). 2018-79 A by-law to establish certain lands as a public highway to be known as, and to form part of, Oldfield Road. 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. 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) 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) 2018-84 A by-law to authorize entering into an agreement for services related to the Live Adult Business Licensing By-law. Page 16 of 18 Page 33 of 623 City Council July 10, 2018 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. 2018-86 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. 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. 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. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Strange that the by-laws be given a second and third reading. Motion Carried with Councillors Campbell, Ioannoni and Craitor opposed to 2018-76. 13 NEW BUSINESS a) Stanley Ave Commercial Parking Lot ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Mike Strange that any commercial parking lot licence application for 2018, new or existing, be required to submit proper drawings and comply with the City's existing requirements to obtain a licence before operating, but that all lots comply fully with the City's by- law regulating Commercial Parking Lots by May 1, 2019. Carried Unanimously b) AirBnB ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Victor Pietrangelo that the forthcoming by-law stipulate that B & B establishments in a residential zone be owner occupied. Motion Carried with Councillor Campbell opposed. c) Royal Canadian Legion 396 Chippawa ORDERED on the motion of Councillor Wayne Thomson, Seconded by Page 17 of 18 Page 34 of 623 City Council July 10, 2018 Councillor Kim Craitor to refer to staff to assist and refer to Sleep Cheap Charities for assistance with the wheelchair lift. Carried Unanimously d) Street Light Installation/ Safety Issue ORDERED on the motion of Councillor Kim Craitor, Seconded by Councillor Victor Pietrangelo that City look into cost sharing opportunities to be addressed in an updated street lighting policy. Carried Unanimously e) Lyons Creek & Sodom Road Traffic Concerns ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that staff send a resolution to the Region to look at the intersection and possible solutions for the area. Carried Unanimously 14 ADJOURNMENT a) Adjournment ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that the meeting be adjourned at 9:10 p.m. Carried Unanimously Mayor City Clerk Page 18 of 18 Page 35 of 623 1 Teresa Fabbro To:Bill Matson Subject:RE: Aug 14 Council Meeting: British Canadian Veterans Association/Donation Recognition From: Bill Matson Sent: Tuesday, July 31, 2018 2:16 PM To: Teresa Fabbro Subject: FW: Aug 14 Council Meeting: British Canadian Veterans Association/Donation Recognition DEPUTATION / PRESENTATION: See below. The Mayor’s Office will be preparing something for Vince to formally recognize the BCVA for their donation that was made to the City last year to be used for the 1812 Lundy’s Lane Battlefield Redevelopment Project. From: Selene Tudini Sent: Monday, July 09, 2018 11:45 AM To: Carey Campbell; Bill Matson Cc: Geoff Holman Subject: Aug 14 Council Meeting: British Canadian Veterans Association/Donation Recognition Please add for August 14th Council Meeting: The British Canadian Veterans Association (B.C.V.A.) Battlefield Park Donation Recognition Attendees: Jim Crabbe, President Barbara Burrow, Past President Martin Goyetche, Treasurer Can you please advise what time this presentation will be so I can let the attendees know? Selene Tudini Executive Coordinator Municipal Works City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 (905) 356-7521 ext. 4210 Fax 289-296-0048 studini@niagarafalls.ca Page 36 of 623 1 Teresa Fabbro From:Bill Matson Sent:Tuesday, July 31, 2018 2:23 PM To:Teresa Fabbro Subject:FW: Wellspring Niagara DEPUTATION See below. From: Caprice Aiello [mailto:caprice@wellspringniagara.ca] Sent: Wednesday, July 11, 2018 9:55 AM To: Bill Matson Cc: Ann Mantini-Celima Subject: Wellspring Niagara Good morning, We hope this email finds you well. My name is Caprice Aiello , I have currently resumed the position here at Wellspring Niagara as the Events & Community Relations Coordinator. I am emailing you in regards of the upcoming council meeting on August 14th at 5 pm. We would like to inquire if we could request an opportunity for Wellspring Niagara to present to council at the upcoming council meeting. We would like to like to talk about our new regional cancer support centre being built to better serve the residents of Niagara and our Help Us Build Hope Campaign. (We also would be happy to use PowerPoint if available). Thank you again for your attention to this email . We look forward to hearing back from you. If you wish to learn more about Wellspring Niagara, listed here are our websites: www.wellspringniagara.ca and www.HelpUsBuildHope.ca Kind regards, Caprice Aiello Events & Community Relations Coordinator Wellspring Niagara Cancer Support Fdn. 905-684-7619 or 1-888-707-1277 Page 37 of 623 1 Teresa Fabbro From:Bill Matson Sent:Tuesday, July 31, 2018 2:41 PM To:Teresa Fabbro Subject:FW: Team Niagara lymphoma awareness Deputation Tiffany Aello, on behalf of Team Niagara Lymphoma Awareness, would like to address Council about fundraising and awareness initiatives. From: tiffany aello [mailto:fourkidslater@hotmail.com] Sent: Monday, July 30, 2018 10:11 PM To: Bill Matson Cc: Kim Craitor Cogeco Account; hollyashford88@gmail.com Subject: Team Niagara lymphoma awareness Hi , Im Tiffany Aello founder of Team Niagara lymphoma group in Niagara Falls Ontario .Im currently a lymphoma warrior with four children , and a Team of curretly 33 since 6 months ago .We as a team have raised over $1500 towards wellspring niagara and we are currently working now towards Dreams to memories for adults with terminal cancer. We as a Team are requesting the acceptance to speak at the next city council meeting August 14.2018 . Our goal as a Team is to raise awareness for lymphoma by spreading the awareness as well as making the announcement for the proclamation of the illumination of the falls on September 15.2018 . As a Team and living in Niagara Falls we feel that the support from pur community is important and every year with a new cancer diagnosis they will know that their not alone in their fight. We ar3 currently working with the skylon tower in regards to all donations the evening of the Illumination go towards Dreams to Memories. We are requesting from city council to be able to speak at next meeting . Thank you Tiffany Aello T.N.L.A Get Outlook for Android Page 38 of 623 1 Teresa Fabbro From:Carey Campbell Sent:Tuesday, July 03, 2018 11:49 AM To:Bill Matson; Teresa Fabbro; Kristine Elia; 'fourkidslater@hotmail.com' Subject:request for proclamation Hello Bill: Mayor Diodati asked that we work with Tiffany Lyn, copied here, to help proclaim the day below, via Council. I trust that you can assist with this request for a proclamation. Thank you much. carey World Lymphoma Awareness Day (WLAD) is held on September 15 every year and is a day dedicated to raising awareness of lymphoma, an increasingly common form of cancer. It is a global initiative hosted by the Lymphoma Coalition (LC), a non- profit network organisation of 63 lymphoma patient groups from 44 countries around the world. WLAD was initiated in 2004 to raise public awareness of both Hodgkin and non- Hodgkin lymphoma in terms of symptom recognition, early diagnosis and treatment. Lymphoma is increasing in incidence[1] and is a potentially life-threatening disease. One million people worldwide live with lymphoma and nearly 1,000 people are diagnosed with the disease every day, but there continues to be very little awareness of the signs and symptoms of lymphoma. Tiffani Increasing awareness of lymphoma will allow people around the world to better recognize its signs and symptoms, leading to earlier diagnosis and more timely treatment. Greater awareness will also empower patients and their families to demand specialist treatment and care from qualified lymphoma physicians as well as gain access to the most up-to-date information, support and treatment. Tiffani New international survey results show that: When asked if they know their nodes, only half (49 percent) of people said they know what nodes do Although most respondents have heard of lymphoma, 52 percent of people know very little or nothing about it Two-thirds (67 percent) of respondents did not know lymphoma is a type of cancer and that it has one of the fastest growing incidence rates worldwide . Page 39 of 623 Page 40 of 623 Page 41 of 623 MW-2018-14 August 14, 2018 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Municipal Works SUBJECT: MW-2018-14 Boyer’s Creek Municipal Drain Final Engineer’s Report RECOMMENDATION 1. That City Council adopts the Engineer’s Report on the Boyer’s Creek Municipal Drain prepared under the authority of section 4 & 78 of the Drainage Act, R.S.O. 1990, c. D.17. and further, 2. That the City gives two readings to the by-law (provisional) which will initiate the appeal process. EXECUTIVE SUMMARY In April of 2018 Council authorized the appointment of Spriet Associates to finalize the Engineer’s Report on the Boyer’s Creek Municipal Drain. On site meetings and notifications were conducted in accordance with the Drainage Act, R.S.O. 1980 The Drainage Engineer estimates the cost of works, which in turn is assessed to all landowners within the tributary area. Final assessment will be calculated once construction of the drain is complete. Staff recommends that Council wait to discuss levying of assessments until final costs are in and a report can be brought back to Council. The purpose of this report is to consider the passing of the provisional by-law (two readings) which will initiate the appeal process with the mandated scheduling of the Court of Revision. Once all appeals are settled, a third reading of the by-law will be necessary prior to initiating the tender and construction phase of this project. BACKGROUND The Boyer’s Creek Drain was last improved under the provisions of the Drainage Act and By-Law by R. Blake Erwin for the Township Willoughby in excess of eighty five (85) years ago. To provide relief of rural flooding in this area, as a road authority City of Page 42 of 623 2 MW-2018-14 August 14, 2018 Niagara Falls signed a petition and on April 4 2005 Council appointed Wiebe Engineering Group Inc. to provide consulting and design services of the Boyer’s Creek Drain pursuant to the Drainage Act. In addition a petition signed by A&D Spadinski (Roll No. 40-055-298) in the Town of Fort Erie whose lands contain 60% of the area requiring drainage was received for the additional work of Branch ‘A’. Following Wiebe Engineering Group Inc. disbanding and not completing their report, City Staff retained Spriet & Associates to carry on this work and finalize the Engineers Report. Council Appointed Spriet & Associates on April 10th, 2018, which was followed by a public meeting held on May 15th, 2018 allowing land owners the opportunity to discuss the preliminary design, estimated drain costs and assessments. Spriet Associates Engineers & Architects filed their Engineer’s Report on July 27, 2018. Notification of Council Consideration was sent out to Public Agencies, Utility Companies, Road Authorities as well as property owners within the watershed. Notification included a copy of the Final Engineer’s Report. ANALYSIS/RATIONALE Pursuant to the Drainage Act, the passing of the provisional by-law (two readings) will initiate the appeal process with the mandated scheduling of the Court of Revision. Once all appeals are settled, a third reading of the by-law will be necessary prior to initiating the tender and construction phase of this project. In previous Municipal Drains, Council has opted to pay for assessments for properties within the City Limits of the watershed. Staff recommends that Council wait to discuss these matters until final costs are in and a report can be brought back to Council at that time. There are Public Agencies and adjacent Municipalities with lands inside the watershed that will need to be assessed fair and accurately as part of the appeals process. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The Drainage Engineer estimates the cost of works, which in turn is assessed to all landowners within the tributary area. In determining the landowners assessment, the Drainage Engineering considers factors that contribute to the land’s flow generation to the improved watercourse such as land area, topography, soil type and land use as well as length of drain improvement benefitting the lands. The City’s assessment is based on road allowances that benefit from the proposed downstream drainage work. The estimated net assessment costs are summarized in Schedule C of the report. Final assessment will be calculated once construction of the drain is complete. Page 43 of 623 3 MW-2018-14 August 14, 2018 Boyer’s Creek Municipal Drain received funding in the 2018 Capital Budget. CITY’S STRATEGIC COMMITMENT Implementation of this project meets the intent of Council’s strategic priorities to establish infrastructure investment opportunities and to strengthen and promote economic development within the City including alternative service delivery models. LIST OF ATTACHMENTS 1. Final Engineer’s Report prepared by Spriet Associates Engineers & Architects dated July 12, 2018 2. Plan & Profile appendix to the Engineer’s Report prepared by Spriet Associates Engineers & Architects dated July 12, 2018 Recommended by: Geoff Holman, Director of Municipal Works Respectfully submitted: Ken Todd, Chief Administrative Officer Page 44 of 623 Page 45 of 623 Page 46 of 623 Page 47 of 623 Page 48 of 623 Page 49 of 623 Page 50 of 623 Page 51 of 623 Page 52 of 623 Page 53 of 623 Page 54 of 623 Page 55 of 623 Page 56 of 623 Page 57 of 623 Page 58 of 623 Page 59 of 623 Page 60 of 623 Page 61 of 623 Page 62 of 623 Page 63 of 623 Page 64 of 623 Page 65 of 623 Page 66 of 623 Page 67 of 623 Page 68 of 623 Page 69 of 623 Page 70 of 623 Page 71 of 623 Page 72 of 623 Page 73 of 623 Page 74 of 623 Page 75 of 623 Page 76 of 623 Page 77 of 623 Page 78 of 623 Page 79 of 623 Page 80 of 623 Page 81 of 623 Page 82 of 623 Page 83 of 623 Page 84 of 623 Page 85 of 623 Page 86 of 623 Page 87 of 623 Page 88 of 623 Page 89 of 623 Page 90 of 623 Page 91 of 623 Page 92 of 623 Page 93 of 623 BOYERS CREEK CITY OF NIAGARA FALLS MUNICIPAL DRAIN Page 94 of 623 BOYERS CREEK CITY OF NIAGARA FALLS MUNICIPAL DRAIN Page 95 of 623 BOYERS CREEK CITY OF NIAGARA FALLS MUNICIPAL DRAIN ³Page 96 of 623 mo:_<_mnmoo 3.0::5_<_mmooA3mmmnmnm@<m:oo.no3v mmonnncmmomvoE?8.BEmoo_u_<_ ._.ouwe_<_mnmoo m:E.mnnu>c©:mnE-mmocmmnnomoonmmmmoconz >nnmn_=omonmn>n>oN8m-NSm.3.E-mnoonmo?moa-_<_o%_.8n.88<<Enonnmmmooon _<__..Zmnmoo .E_mom3<nmocmmnnomoonmmmEmnommn_omonnocon:m_mnmomow>:mTrNonm >nommcmomEmo_oo_oomon_<:...23_wm<mo.m_oc__o_omomnooonmoo:nmn_ooooEm_»m:_<mnmoo3 monn_m\nzoo<<mnonmonnmomocmnoEm:358:omm.Zn.mm<mo_mEm_mmm_onncomononEm_mooEnocmo Em_mmmm<<_EEmQn<.IEmmnmmoomonomnocmmEmmo:E<<mmnm_\o3:GmEmoonEmmnnmmnmooNoomo 5.Imsomommnooczo._uonn.m\n2_uo<<m_,ommoommomoocooonmonm:03Emoonmmnonnooo:5:o<mEmmo:omm o<m1m<mZn._wm<mo_mmm. _uo_.n_m\n2vnomnnonmonnaosnmoooommo_mn1nocno_.onoo<<mnmooonmomnmon_uonn_mnon.ommo:no:om__< n_.momonoooomo<.onomm.oommmmoomononnoonmmnmmoomon<<_EEmQn<ooEmxm___<mn. moo.oanoccnoamooonoocnmnm_.mn_:_nmmommnmmoomon<<.EEmo_.oomnn<o<<om_.no_onmnmEm? moczooomonoomo<ono_om_.n<3Oonmoo.moamommoinonocnonoo_<‘oononoocaomoo<<m_.mo<<<:m_,m_o Oonmoom_onmEmn_omS.monEmmmo_oomnzommmnm3.5mnmnooo._umnm:_ommnn_oononEmI<o_.o>nnon Emoj.om_onmn_oo....._:m:m:ommonmmooo3Emnnmomooonnmnono_mn_.:o:nonmooEmo<<omnonEmmnnmmn on353:3...o.omQn<:mmm=8onmc_m_oomon_oo<sEnmmmnonoEmmoncooonmonmoo_~m:_<mn.moomoo mnm2m:22;:Em:_mmm_omonm.nommx_no3m\oz_unomoocmnEm_omnm__mn.oonom:o<<Em3:comonEm NMmmnn_ooEmn§__m__o<<Emmm<moceasemm_o_moomo. monomommoommmmoomonoo<<mooom<mnEmomo<mmnmmoomon<<_E<<_EEmQn<.omnEmI<ono>nn _.mo::moomonm:nonEmo.onncomoooonEmoo_.Emmmnm_,ooonnoooonEmmnnmmnmoomoomnno_,o_oo_<:m<mooomonmnooomocnmZn.wm<mo_mmooznmnooo.Zn.mm<moommomoEm_mmmmmooBaEm_mmmmnmmmnonEm mon:.mmnnmmnmoom_onmNoam. o.:m_<_m<onmoo<moocmmnmmmoonoconzoomnoomnm:m<momnonomm<<mnmonEmoomo_omommcmnonEm_mmnu <mmnm.o.:m_,m:m<m_ommomm<mnm_oommnoommnon2moonmmo_<mEm_mm:m.O<mnEmnocnmmonEm_mmn3: <mmnmommonn<<mmoomom3Em_<_m<onmoomammooZn_wm<monommnmnmmo_:n_oo.Zn.mm<mom:_o3_nnmo m om<<mnE.nmnncnm_onmsoomooo<_omEmoc:o_omm.mocE<<mmnmmmooonmoomno_mmE_ommmnmmoomon.._.om _<_m<onmooxmno.Emomnmno_<:n_wm<mo\oo<mm:n.oomn<<_EUoom:_omnnmoo.94Ioo<mnnmonmmmonoom _uonnom\nzoo<<m_.oo_:_<NBE.Ummoonmmmnmm_omnomooomonmoommnoom._uonn_m\n2_uo<<mnoonmmmm_o nmmcmmononoonoocnmnonmmzmonomononEm?oo<<mn:omonEmomm_omomninmnooom_omo<<<m<_o<<<m<on Emz,o_,m<<_omnmmooomm__E<No‘No.5. coom_.EmI<ono>nn.._ 3.otm..n<Hznmwmmnm«AC honm?dz EEm\oomQ.ooommovxmnEon.:wmm\mQS.o3monowmmoS.Q.mmooomoxconmo.owSmnmtmo.tommwmcommotoo«C mrmtUmmbwmmmo:3\gmn~.m:m==.n.n.m..on.S.mn:.o=no»mamEmo<<:miomEmmnimmnon~:.h:s\m$moo. 3ommmoxSwmmwmmnomonmom:omQmnmziomo.ExEmmomwq.“mowo.H9moomonPm.R:Go.Page 97 of 623 uoazam H.._.rm_.m_m:0mxmmarrummmmrrmrarma<<mm:_uo_.amm\n2_uo<<m_.2:.armn:<omzmmmmam_um:m.._.rm< mamr_onE:narm222.2.:amnmmiru_uao.um_.a<amxorm<.mr_m<<mamaa_.ora_oa.<<m31..3arm mrmmrnmcamrmmammrrmra.armn:<_ms.:_..=armr.luramaonmrrmrn_uoaa.m\n2_...o<<m_.mnnorranmam arm_mammanmmmurmm._3:m._. 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N._uo_.a_mrmmmnamn::=mam_.m:<.ncaarrua..mmmorarm_u_.oum_.a<orarmamamo:ar<<mma_u_.oum_.a< :rmorarmZNuoaamorarma<<m_.m=o<<rm_.mrmmaarmr.<<r.m_=rm_mraowEmamrnm. m.H:ruracaarmin:cam_mnm_mm_.mm_rm:a2::arm92accmmarmu_.o_um_.a<.2:.arm no:a.::_rmmu.mm_o:mrmrm<.o:_.camo_.amm\n2_uo<<m_.mrcmm.armmmmm<<_ar<<r.nrmoaa_mno:E ..mmo_<marm<<r.mmurn.mam<orarmr.mmnmoaarmum.:rn_:n:rmarmmrncarramrnmv.<<mamncmma armaarmn_a<nmrrmrnr<_maam_.arma_uo_.a.m\nz_uo<<m_.3o<marmr.<<r.mmaono.r_u_<<<.ararmr. mmarmnx_.mn_:r.m_rm:am. m.Nmnm:a_<Hrmnonnmmmoraomrn_:r.moa1o_.a.m\nz_uo<<m_.0.“arm3:53..mmarwnxorm_u_.o_um..a< uoamramm=<m<m=mr_mao..n_m<m_o_u_rmra.H..mn.n_msm:._m=Am<m=mr_m=“amn_:r.m3:63:83 mama_rmarm<<<m:amam3mam_A:_Cmrncrrramrnm2.03armr._uo_m<<r.nr_:a_.:n_mn_rraoarm_oaPm rrmamam<r.a:m=<m__::=m::um:<nm<m_o_u_rm:auoamrammr._.r_mnwarmmauammamcaulmmaoarm _u_.oum..a<o<<rm_..Hrm<m_.mnm:a_<3:3o:aarmaar_m3:3_mcrmcuuoaamnr<m=<.92o.. >na.H30._.rmr.mnarurm2:.rramraa_m:_m_.mam_u..o_um..a<<m_:murnn_mam..rmnmmmm..<.r..=_ n_m<m_ou3m:a.:zmmumam1m=m. .._><3>mo2 Bmmmwmnm $8303maamma zammam1m__m.0:33 98%Somom .35m-3m__833.3ioaamaoz3338on:a.Emcmm9“am_:q_<a:m_E2$2.23338mco<m__.?Emamqma9.Emm-3m=a:99mEmsqmq 80633oaEmm3n_o<mm2mama$%o:mE_ma.%_22E28am56.38amoimi.mi%$3:§_o=_2a_§§2oocszc9.Emm-3m__a man?90:328.Page 98 of 623 PBD-2018-60 August 14, 2018 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2018-60 AM-2017-011, Official Plan & 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 RECOMMENDATIONS 1. That Council approve the revised Official Plan and Zoning By-law amendment application to permit an apartment dwelling on the subject lands, s ubject to the south tower being a maximum of 16 storeys and the north tower being redesigned to have a maximum height of 8 storeys and this tower and podium being stepped back in accordance with a 45 degree angular plane measured from the west lot line of the property; 2. That the site specific zoning by-law be subject to the regulations recommended in this report and a Holding (H) provision to secure archaeological assessments and a Record of Site Condition to the satisfaction of the Region of Niagara; and 3. That the passage of the amending by-law be conditional on the execution of a Section 37 Agreement to secure: contributions to streetscape improvements on the abutting River Road frontage; the design of the project and; a capital facilities contribution based on 1% of the construction value of the net floor area beyond what is currently permitted by the Official Plan EXECUTIVE SUMMARY 5507 River Development Inc. has requested Official Plan and Zoning By-law amendments to permit a development on the lands known as 5471, 5491 and 5507 River Road, 4399, 4407, 4413 and 4427 John Street and the closed part of River Lane. The original proposal, consisting of a 390 unit apartment building with 21 and 12 storey buildings, was deferred from the June 19/18 Council meeting at the request of the applicant to allow him time to consider several recommended changes by Staff. The applicant has revised the proposal and is now seeking approvals for a 350 unit apartment building with 16 and 10 storey towers. The revised proposal represents an improvement in providing an appropriate transition between River Road and the residential area to the west and north. However, Staff is concerned that an appropriate transition is not provided from the nearest residential property on Phillip Street. Planning Staff recommend the project be Page 99 of 623 2 PBD-2018-60 August 14, 2018 redesigned to provide an appropriate stepped back form in accordance with the design principles outlined in this report. Provided this modification is made, it can be concluded: - Developments with additional height and density within the urban area of the City are consistent with Provincial and Regional policies; - The use of an angled plane from all sides would provide a transition of height and density to the neighbourhood to the west and north and the pedestrian promenade to the east; - Provided the development is redesigned as recommended, the development is in general conformity with the intent of the Official Plan, will be compatible with adjacent and abutting low-rise dwellings and will provide a human scale to the development; - Existing transportation networks and servicing infrastructure can support the development; and - A Section 37 agreement should be used to secure capital contributions and streetscape improvements. BACKGROUND Proposal 5507 River Development Inc. has requested an Official Plan and Zoning By-law amendment for the lands known as 5471, 5491 and 5507 River Road, 4399, 4407, 4413 and 4427 John Street and part of River Lane, totalling 0.79 hectares (2 acres) in area. Refer to Schedule 1 to locate the lands. The applicant originally proposed to construct a 390 unit apartment project with 21 storey and 12 storey towers with underground and structured parking. The application was scheduled to be heard at the June 19 Council meeting; however the applicant requested deferral to address concerns raised by staff with respect to setbacks from surrounding low-rise dwellings and River Road, and the provision of landscaping adjacent to the parking lot along John Street. The applicant is now proposing to construct a 350 unit apartment project with 16 storey and 10 storey towers and with underground and structured parking. Schedule 2 shows details of the proposed development. Schedule 3 is a north-south cross-section of the development. Schedule 4 shows cross-sections of the south tower, while Schedules 5 and 6 depict architectural renderings of the project. The lands are designated Residential in the City’s Official Plan. The portion of the land s between River Road and River Lane is subject to a Special Policy Area designation which permits a 119 unit apartment building up to 7 storeys in height. This Special Policy Area and associated zoning was adopted by Council in 2008 and approved by the Ontario Municipal Board in 2009 to permit the aforementioned apartment building. Prior to this amendment, Council approved an Official Plan and Zoning By-law Amendment application for a 27 storey apartment building; however, this application was later abandoned. Page 100 of 623 3 PBD-2018-60 August 14, 2018 The applicant is a new owner and has acquired additional lands including part of River Lane. He is now requesting the whole of the lands be placed under a new Special Policy Area designation to permit the 16 and 10 storey tower development. The portion of the lands between River Road and part of River Lane is zoned Residential Apartment 5E Density (R5E-840), while a small portion of the land west of River Lane is zoned Parking (P-841), in accordance with Zoning By-law No. 79-200, as amended. The balance of the lands is zoned Residential Single Family and Two Family (R2-2) in accordance with Zoning By-law No. 79-200 as amended. The lands are requested to be rezoned a new Residential Apartment 5F (R5F) Density zone, with site specific building setbacks, density, building heights, landscaped open space, lot coverage and parking regulations, to permit the height and massing of the project. Site Conditions and Surrounding Land Uses The subject lands consist of a number of properties that currently contain detached dwelling(s) or are vacant. River Lane is under the applicant’s ownership. There are also a number of mature trees on the properties. The site is sloped, rising about 10 metres in elevation from the corner of River Road and John Street to the western boundary. The properties to the west and north of the lands are used for a mix of low-rise detached dwellings, converted dwellings, apartment buildings and bed and breakfasts. A hotel (Michael’s Inn) and associated parking is located to the south. The Michael’s Inn lands, along with the Niagara Falls Aviary lands, are zoned to permit 60 and 61 storey hotel towers. A pedestrian promenade and the Niagara Gorge are located to the east. Circulation Comments Information about the requested Official Plan and 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 The proposal satisfies the policy directions of the Region’s Official Plan, will make more efficient use of urban services, land and infrastructure, and will provide an alternative form of housing in an area which is composed predominantly of low density detached dwellings. A final Stage 1-2 Archeological Assessment and any further necessary archaeological assessments are to be filed, along with an acknowledgement letter from the Ministry of Tourism, Culture and Sport. In addition a Record of Site Condition is to be filed with the Ministry of the Environment and Climate Change. A Holding (H) provision should be included in the by-law until the above noted documents are filed. Niagara Parks Commission (NPC) No objections to the proposed Official Plan and Zoning By-law amendment. It is recommended that a minimum landscaped setback be provided along River Page 101 of 623 4 PBD-2018-60 August 14, 2018 Road, preserving the existing sugar maple and providing enhanced landscaping, and that there be no driveway connections to River Road. Through site plan control building finishes in keeping with the character of the dwellings north of the lands should be implemented. Additional bat monitoring within the gorge should be conducted prior to construction to ensure bat habitat is not impacted by winter construction. Niagara Peninsula Conservation Authority (NPCA) No objections to the applications. At the site plan stage a number of measures are to be implemented, including reduction of large glass surfaces to minimize impacts to the bird population, submission of erosion and sediment control plans to demonstrate no off -site migration of sediment, and no clearing of vegetation during the bird nesting season (April 1 to July 31). Transportation Services No objections to the applications. Revised transportation studies demonstrate existing road infrastructure can support the development and surrounding proposed development. In addition, Transportation Services have no objections to the parking rate reduction. Municipal Works No objections. Further review of servicing details will be conducted at the site plan stage. Parks Design No objections to the amendments. There should be no tree removal until such time as the site plan process is complete. 5% cash-in-lieu of parkland dedication will be payable through a future condominium application. Building Services, Fire Services No objections. A review of fire safety and Ontario Building Code matters will be applicable at the site plan and Building Permit stages. Legal Services No objections. Page 102 of 623 5 PBD-2018-60 August 14, 2018 Public Submissions 10 letters have been submitted by members of the public at the date of report preparation and are included in tonight’s agenda. These submissions express concerns the project is too large for the neighbourhood, provides insufficient setbacks from nearby properties, and may adversely impact on the geology of the site and the surrounding streets and infrastructure. Some residents recommend the project be reduced in height to 10-12 storeys, and setbacks of 10 metres for all structures should be provided from adjacent residential properties. Neighbourhood Open House A neighbourhood open house was held on September 18, 2017 and was attended by 25 neighbouring residents. Neighbours raised concerns about the height of the building, impacts on the geology of the site and surrounding area, construction methods, traffic impacts on surrounding streets and the potential of units being used as vacation rentals. The applicant noted that a geotechnical study had been completed which did not raise issues with the construction of the building. Blasting would not be used in the excavation of bedrock and a pre-construction survey would be done for adjacent residences. The applicant summarized accesses into the project, noting that there would be no access from River Road or Phillip Street. The applicant also noted that the proposal would be developed as a condominium and that condominium rules would prohibit the units from being rented as vacation rentals. ANALYSIS 1. Summary of Changes A summary of changes from the original proposal is as follows: The number of dwelling units has been reduced from 390 to 350; The south tower has been reduced in height from 21 storeys and 73 metres to 16 storeys and 56 metres; The north tower has been reduced in height from 12 storeys and 45.4 metres to 10 storeys and 38 metres; The podium height does not appear to have changed, however the former swimming pool appears to have been replaced with 2 floors of suites; Setbacks from the south and north towers have been increased from 10 metres and 2.2 metres, respectively, to 16 metres and 19 metres, respectively; and The number of parking spaces has been reduced from 500 to 448; however the requested parking ratio of 1.28 spaces per unit remains unchanged. Page 103 of 623 6 PBD-2018-60 August 14, 2018 Please note that for consistency the metric building heights have been measured from the intersection of River Road and John Street. As the grade increases by 8 to 10 metres (26 to 32 feet) along Phillip Street and the west lot line, building heights are less near the north and west limits of the property. 2. Provincial Policies The Planning Act requires City planning decisions to be consistent with Provincial policies. In accordance with the Growth Plan for Greater Golder Horseshoe (GPGGH), a minimum of 40% of all residential development occurring annually is currently to be in the Built-Up Area. Cities are to identify strategies to achieve these densities, including identifying intensification areas. Provincial policies also require the protection of natural heritage areas, such as the Niagara Gorge, and appropriate transitions in built form between intensification areas and adjacent land uses. The development’s conformity to Provincial policies is as follows: The land has not been identified in the City’s Official Plan as an area where intensification is to be directed. However, as the land is situated adjacent to the Tourist Commercial area and is in close proximity to a provincial highway, arterial roads and transit routes, the land is located in an area that warrants some consideration of intensification. Furthermore a portion of the land is currently designated and rezoned for high density residential redevelopment; The City has not been meeting intensification targets, achieving only 31% of residential development in the Built-Up Area. As this property is within the Built- Up Area, it would provide a further opportunity to meet these targets; The applicant has submitted an environmental impact statement, to the satisfaction of the NPCA and NPC, that demonstrates the natural area within Niagara Gorge will not be adversely impacted; and The applicant has made a number of changes to the proposal to improve the project’s compatibility with the surrounding development and provide a built form that does not overwhelm from River Road. However, Staff are of the opinion a larger building setback and better transition in height needs to be provided to the adjacent dwelling on Phillip Street. If recommended modifications are achieved, Staff are satisfied the development conforms to Provincial policies in terms of providing a well-designed built form. 3. Regional Policies The lands are designated Urban Area under the Regional Official Plan. The Regional Official Plan promotes higher density development within urban areas and supports growth that contributes to the overall goal of providing a sufficient supply of housing that is affordable, accessible and suitable for the needs of a variety of households and income groups. The proposal will make more efficient use of land and existing infrastructure and will introduce an alternative form of housing at the edge of a neighbourhood with predominantly low density housing. While the units are unlikely to Page 104 of 623 7 PBD-2018-60 August 14, 2018 be classified as affordable, the proposal is otherwise considered in keeping with the general direction of Regional polices. 4. Official Plan The lands are designated Residential in the City’s Official Plan. A portion of the lands, between River Road and the former River Lane, are subject to a Special Policy Area designation which permits the development of a 7 storey apartment building at a maximum density of 238 units per hectare, equivalent to 119 units. The lands were designated Tourist Commercial prior to these policies being implemented in 2008. The balance of the lands are individual lots fronting onto local streets that can be developed with low density forms of housing, up to 40 units per hectare. The applicant has requested a new Special Policy Area designation be placed on the property to permit the proposed development, which has been revised to be two towers having heights of 16 and 10 storeys and a maximum density of 443 units per hectare. Given that the lands to the south of the subject lands are zoned for the development of 60 and 61 hotel towers and the subject site already enjoys a higher density than the surrounding lands, consideration of additional height and density may be warranted. Official Plan amendments are reviewed having regard to the intent and purpose of the policies in the Official Plan. The following assessment has been conducted: a. Conformity of the proposal relative to gradation of height, density and intensification objectives. The Residential policies of the Official Plan seek to achieve an appropriate gradation in building heights and densities with sufficient horizontal distances between taller buildings and low-rise dwellings to ensure a complementary arrangement between residential uses of varying intensities. A common urban design practice to achieve compatibility between high-rise development and adjacent low-rise residential development is to apply a 45 degree angular plane taken from the property line of the nearest low-rise residential property and the top of the high-rise building. This angular plane reduces the impact of the height and mass of the tall building and minimizes the overshadowing of nearby low-rise dwellings. The City’s Official Plan uses this principle in its Lundy’s Lane and McLeod Road intensification corridors. In addition, this principle has been included in the Regional Municipal of Niagara Model Urban Design Guidelines (NDUG). The Regional Guidelines also seeks to protect the human scale on streets and sidewalks by requiring a similar angular plane be established from eye level on the sidewalk on the opposite side of the street from the high-rise building. The applicant’s Planning Consultant cites the NDUG standards and originally used them to establish a stepped back form from residential properties along John Street to the west and from Philip Street. In the revised drawings the same angular plane has been satisfactorily established from the sidewalk on the east side of River Road for both buildings, and as a result Planning Staff have Page 105 of 623 8 PBD-2018-60 August 14, 2018 no further concerns with the siting or height of the south tower or the River Road setback of the north tower. However, for the north tower a projected line has been drawn from the common lot line with the first adjacent residential property on John Street through the first dwelling/bed and breakfast on the south side of Phillip Street and 45 degree angular plane has been applied from this artificial projected line rather than the irregular west lot line. This information was not clear on the first submission of the proposal. The following site plan shows the projected line as compared to the actual lot line: The proposal sites a terraced building, starting at 4 storeys, 3 metres away from the adjacent low-rise residential property. This is significantly closer than what is typically allowed for an apartment building. It is expected that the adjacent dwelling will be impacted by the proximity of a large building. In addition a portion of the 3 storey podium, enclosing structured parking, is set back only 3 metres from the adjacent property line, again within the 45 degree angular plane. Furthermore, the adjacent property owner has expressed concerns about these setbacks (see the letter on tonight’s agenda), and requests the setback be increased to 10 metres. To comply with the above noted design guidelines and provide setbacks that minimize impacts on the adjacent property it is recommended the angular plane be taken from the actual property line. The following drawing shows the angular Page 106 of 623 9 PBD-2018-60 August 14, 2018 plane taken from this line projection (in black) versus an angular plane taken from the actual property line (in red): In addition, the base of the tower should be set back 6 metres from the adjacent property line. This setback corresponds to the east limit of the former City laneway and is similar to side yard setbacks achieved for apartment buildings in other parts of the City. The increased stepped back form will reduce floor plate sizes, starting at the second floor, and result in reducing the building to about 8 storeys. It is therefore recommended the north tower be limited to 8 storeys, and the tower and adjacent podium be designed to provide a stepped back form in accordance with an angular plane drawn from the actual lot line. Should this recommendation be adopted Staff estimate that about 20-30 further suites and several parking spaces would be lost. However, with shifting the building slightly closer to River Road while reducing building height and respecting the 45 degree angular plane on all sides, the loss of suites would be minimized. With the reduction in units to 350 the density has been reduced to 443 units per hectare. This density is still nearly twice as much as the 238 units per hectare currently allowed on the east part of the site. However, this represents a reduction in density from the original proposal. Through the Official Plan, intensification has been directed to areas in or adjacent to Major or Minor Commercial designated nodes and corridors (Downtown, Morrison Dorchester, Five Corners, McLeod Road, Lundy’s Lane) These areas were targeted through the 2012 Growth Plan compliance exercise Page 107 of 623 10 PBD-2018-60 August 14, 2018 in order to encourage residential development to bolster commercial areas experiencing high vacancy rates. This does not preclude Council from considering other areas through site specific applications. The site abuts Tourist Commercial designated lands and is within easy walking distance to businesses in the Central Tourist Core, which could benefit from residential development during the off-peak season. In addition, the intensity of the proposed development on the Aviary/Michael’s Inn sites to the south warrant consideration of additional intensification of the site. b. The availability of adequate municipal services and facilities for the proposed use and its impact on the transportation system, community facilities and natural environment. The applicant has submitted a Transportation Impact Study which demonstrates surrounding roads can accommodate the traffic generated by the development. The majority of the traffic is expected to use Highway 420, Bender Street/Victoria Avenue and River Road, not infiltrating into the surrounding residential neighbourhood. The applicant has also submitted a Functional Servicing Study which identifies servicing capacity for the development. Neither the Region nor the Niagara Parks Commission (NPC) expressed concerns with these studies. The applicant has also submitted an Environmental Impact Study which satisfies the interests the Niagara Peninsula Conservation Authority (NPCA) and the NPC. c. Section 37 Payments related to the proposed development The Official Plan contains policies whereby, in exchange for additional height and density, payments can be made toward municipal capital facilities. Council must first be satisfied that the proposed development is compatible with the scale and character of the surrounding neighbourhood, does not constitute an undue concentration of density, there is adequate infrastructure to support the proposed development, the transportation system can support the increased density and the size and configuration of the site can accommodate parking and landscaping. Any approval of additional height and density development beyond what the current Official Plan permits is recommended to be subject to a bonusing agreement under Section 37 of the Planning Act. The portion of the site between River Road and River lane was already subject to a Section 37 agreement that was executed when the current amending by- law was passed. This agreement secured a capital contribution based on the construction cost for the floor area of the 56 units that were determined to be beyond what the Official Plan permitted at the time. The applicant negotiated a contribution based on 1% of the construction cost of these units, which amounted to a $41,688 capital contribution. The funds were paid to the City and put toward the Olympic Torch Legacy Trail. Page 108 of 623 11 PBD-2018-60 August 14, 2018 Under the current Official Plan policies, it is estimated that the lands would support 127 residential units (119 units in the Special Policy Area between River Road and River lane plus 2 units on each of the 4 residential lots that front onto John Street). Using the 2017 Altus Cost Guide construction costs to construct 263 units originally proposed beyond current Official Plan densities was estimated to be $36,444,240. By applying the 1% value to the construction costs, minus the $41,688 capital contribution previously made, the floor area of the original proposal would have equated to a capital facility payment of $322,754. This figure needs to be revised downward to reflect the revised proposal and recommended modifications, once revised floor areas are provided by the applicant. The following Capital facility projects have been identified: - A pedestrian bridge over Highway 420 to extend the Olympic Torch Legacy Trail to the tourist core; - Market Cultural Hub project; - Centennial Square redevelopment. 5. Zoning By-law The applicant is requesting a site specific Residential Apartment 5F Density (R5F) zone to permit the proposed development. The departures requested from the standard R5F regulations are summarized in the following table: ZONE REGULATION STANDARD R5F REGULATION REVISED PROPOSED REGULATION Minimum lot area 57 sq. m per unit 22 sq. m. per unit Minimum lot frontage 45 metres 39 metres (Phillip St) Minimum front yard depth 7.5 m 3 m (John St) 7.9 m (Phillip St) Minimum interior side yard width One quarter building height 2.8 m Minimum exterior side yard width 7.5 m 10 m Maximum lot coverage 30% 50% Minimum landscaped open space 55% of lot area 30% of lot area Maximum building height 28 m 56 m as measured from the intersection of River Rd and John St Parking requirements 1.4 spaces/unit 1.28 spaces/unit Parking aisle width 6.3 m 6 m Balcony projections 1.8 m along John & Phillip Sts 0.45 m along River Rd 3 m Page 109 of 623 12 PBD-2018-60 August 14, 2018 ZONE REGULATION STANDARD R5F REGULATION REVISED PROPOSED REGULATION Porch projections 2.5 m along John & Phillip Sts 0 m along River Rd 3 m If the recommended reduction of the north tower and application of an angular plane from the west lot line are adopted, certain standards (lot area, interior side lot line and lot coverage) are expected to be adjusted. Provided these standards are adjuste d to limit the north tower to 8 storeys, a minimum 6 metre setback for the north tower and the stepped back form in accordance with a 45 degree angular plane taken from the west lot line, these site specific standards can be supported. The other requested standards can be recommended as follows: - The by-law interprets the lot lines along both John and Phillip Street as the front lot lines; the requested lot frontage reflects the current frontage of the lot along Phillip Street; - The requested front yard depth from Phillip Street is consistent with a recommended stepped back from taken from the sidewalk on the north side of Phillip Street, while the reduction of the front yard depth from John Street can be supported as the resulting urban form will be consistent with the approved high- rise hotel on the Michaels Inn site; - The revised exterior side yard depth of 10 metres is consistent with the setback of dwellings from River Road to the north of Phillip Street; - The reduction in landscaped open space can be supported as additional amenity space in the form of landscaped roofs are proposed. However, to assist in providing compatibility with the surrounding residential neighbourhood, the amending by-law should secure landscaped open space between the building and Phillip Street and River Road, and a 3 metre wide landscape strip between John Street and any parking area; - The maximum building height request refers to the south tower; a maximum building height based on an 8 storey building should be secured for the north tower. Mechanical, elevator and stairway penthouses and similar structures are currently exempt from maximum height provisions. To provide for a high quality design, it is recommended that such penthouses be required to be screened and incorporated into the architectural design of the building, in the form of a roof structure that is shown on the perspective drawings and is incorporated into the maximum building height. This approach is required for high-rise hotels in the City - The modest reduction in the parking area has been supported by a parking analysis submitted by the applicant; - The reduction in the aisle width is minor in nature; and Page 110 of 623 13 PBD-2018-60 August 14, 2018 - The requested porch and balcony projections into adjacent yards that abut streets will assist in animating abutting streetscapes. Similar to the approach taken for by-laws permitting high-rise hotels in the City, staff recommend the proposed building footprint, the recommended stepped back form and maximum building heights for building components be identified in a schedule to the amending by-law. This will secure the built form as approved by Council. 6. Holding (H) Provisions In accordance with Provincial policies, the Region has requested a Holding (H) provision be placed in the amending by-law until the applicant has completed the filing of archaeological assessments and a Record of Site Condition with the Province. Should these documents be filed to the satisfaction of the Region prior to passing of the amending by-law, the Holding (H) provision will no longer be necessary. 7. Ontario Municipal Board (OMB) Appeal The applicant has the right to appeal the application after 180 days of submission of a complete application. As the application was submitted last July, the applicant appealed the failure of the City to adopt the requested amendments in order that the application would be heard under the rules of an OMB hearing. The decision of Council would be forwarded to the Board to be incorporated into a consolidated hearing with the original appeal. FINANCIAL IMPLICATIONS In addition to Section 37 contributions, the proposed development will provide development charges, cash-in-lieu of parkland dedication and new tax assessment for the City. CITY’S STRATEGIC COMMITMENT This proposal does not directly impact on any of the City’s strategic commitments. LIST OF ATTACHMENTS Schedule 1 – Location Map Schedule 2 – Site Plan Schedule 3 – South to North Cross Section Schedule 4 – South Building Cross Sections Schedules 5 and 6 - Architectural Renderings Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer A.Bryce:mb Attach. S:\PDR\2018\PBD-2018-60, AM-2017-011, 5507 River Development, Official Plan and Zoning By-law Amendment.docx Page 111 of 623 14 PBD-2018-60 August 14, 2018 SCHEDULE 1 Page 112 of 623 15 PBD-2018-60 August 14, 2018 SCHEDULE 2 Page 113 of 623 16 PBD-2018-60 August 14, 2018 SCHEDULE 3 Page 114 of 623 17 PBD-2018-60 August 14, 2018 SCHEDULE 4 Page 115 of 623 18 PBD-2018-60 August 14, 2018 SCHEDULE 5 Page 116 of 623 19 PBD-2018-60 August 14, 2018 SCHEDULE 6 Page 117 of 623 City of Niagara Falls 4310 Queen Street, Box 1023 Niagara Falls, ON L2E 6X5 August 13, 2018 File 7724 Attn:Bill Matson, Acting City Clerk Dear Sir, RE: Agenda Item 7.1, Official Plan and Zoning By-law Amendments 5471, 5491, 5507 River Road, 4399, 4407, 4413 and 4427 John Street and Part of River Lane, City of Niagara Falls August 14, 2018 Council Meeting Deferral Request Weston Consulting is the planning consultant for the legally registered owners of the lands municipally known as 5471, 5491 and 5507 River Road, 4399, 4407, 4413 and 4427 John Street -law Amendments for the subject lands are to be considered as item number 7.1 on the agenda for the City Council Meeting scheduled for August 14, 2018. We have received the Planning, Building and Development Staff Report and note that based on the comments raised and recommendations we require further dialogue with City Planning Staff. On this basis, we hereby request a deferral of the above noted item being considered by Council and hereby request that a meeting be scheduled with Planning, Building and Development Staff to discuss their Staff Report. Italia Gilberti, solicitor with Broderick & Partners LLP, will be attending the City Council Meeting of August 14th and will be providing representation on behalf of the land owners to confirm the request of the deferral of the item as requested herein.We thank you for your cooperation. Should you have any questions, please contact the undersigned at ext. 241. Yours truly, Weston Consulting Per: Ryan Guetter, BES, MCIP, RPP Senior Vice President Page 118 of 623 2 c.A. Herlovitch, Director of Planning, Building & Development, City of Niagara Falls K. Mech, Manager of Current Planning, City of Niagara Falls K. Todd, Chief Administrative Officer, City of Niagara Falls A. Bryce, Planning, Building & Development Planner 2, City of Niagara Falls I. Gilberti, Broderick and Partners LLP D. Artenosi, Overland LLP M. Wang, 5507 River Development Inc. Page 119 of 623 1 Teresa Fabbro To:Alex Herlovitch Subject:RE: Thanks for defending our neighbourhood 12 years ago From: Alex Herlovitch Sent: Friday, August 10, 2018 9:13 AM To: Teresa Fabbro; Bill Matson Subject: FW: Thanks for defending our neighbourhood 12 years ago Can you please include the attachment in the Agenda for Aug 14 for the project on River Road. Thanks Alex From: Kenneth Westhues Sent: Wednesday, August 8, 2018 9:49 PM To: Alex Herlovitch Subject: Thanks for defending our neighbourhood 12 years ago Dear Mr. Herlovitch: Anne and I look forward to the posting tomorrow or Friday of the Planning Department's recommendation on the River Road high-rise condos proposal. We're not expecting you to recommend against it. You pretty much boxed yourself in by recommending in favour, with minor modifications, in your report of 19 June. Now that those modifications have been made, for you to change your mind would be awkward, to say the least, and I doubt that you want to anyway. Even so, we'll be studying the tone of the document, and the way you handle the very many objections that have been raised. So things will play out as they will. As you may know, about 15 candidates for Mayor or Councillor are on public record as opposing the high-rise condos. In case you have not seen it, I'll attach my summary of 10 problems with the proposal that I sent to all candidates last week. But I don't underestimate the power of the developer, his lawyers, planners, and realtor, not to mention acquiescent public officials. Each of us can only take the position that seems best for our city, and go from there. In the course of preparing for next Tuesday's public meeting, I've reviewed the Planning Department recommendations that you signed back in 2006 and 2008 for proposals on essentially the same site as is at issue now. I want to thank you for holding out on those occasions for standard principles of good urban planning, in particular neighbourhood compatibility. I don't doubt that you took a lot of flak for doing so. If y had behaved back then as a flunkie of municipal administration, there might not now any longer be a River Road neighbourhood for Anne and I and our neighbours to defend. Maybe before Tuesday's meeting, we'll have a chance actually to meet face to face, introduce ourselves to each other, and shake hands. After that, I'll address you as Alex and you can call me Ken. Meanwhile, respect and thanks for your work, Page 120 of 623 2 Ken Westhues Page 121 of 623 Information for Mayor Diodati and Councillors,City of Niagara Falls From Kenneth Westhues,5419 River Road,Niagara Falls,ON L2E 3H1 18 June 2018 JUN1 3 2018 PLANNING LANDS ASSEMBLED FOR RIVERRD.DEVELOPMENT,NIAGA *:-_LL‘ M|D.|!!"l.l|.h=-cfhncnc ’J?’|R u...5...-n..-.....-urn..............._....................._,......,..u /2 INCLUDED IN PART@ Philip Street (9 Main parcel Lands assembled in 2006 or earlier I n..-n.a-......-..,4..........a ‘$55/5q.ft. Sold for - J Sold for LANE $550K,@ Jan.'17 Sold@$35]sq.ft.$4O0KSId31/1/17 ‘’ $901,ism: 5q_?_31/1/17 5158.’ sq.ft. «(N ? :J4,uuu :q.u.. Sold for $3 million on 1 Nov.2&0? Sold for $3.1 million on 1 Feb.2017 $57 I sq.ft. River Road L5:]RiverLane property’ E?nldfor$12,000 on 14 February 2017 $1.32/sq.ft. John Street Page 122 of 623 City of Niagara Falls RECORDED DELIVERY Director of Planning,, ,H Bnildlng&Development,R E C E IV E D ‘ City Hall . 4310 QueenStreet,Aug 0 2 2013 Niagara Falls, PLANNINGOntario.L2E 6X5 8‘DEVELOPMENT 30 July,2018. Re —Our Written Submission to the Public Hearings concerning Proposed Of?cial Plan &By-Law Amendment and Amendment Application —City File AM-2017-011 i)It is our understanding that the purpose of the public hearing is to provide the council with opinions from individual members of the public. ii)We submit that River Lane has had Public Access as a Right of Way for about 100 years.We ourselves use that section River Lane frequently and have done so for more than twenty years,mainly taking our family,grandchild and our visitors on a quiet and safe walk up to the park situated on Ontario Avenue (between Eastcote &Otter).We believe it would be a wilful deprivation to stop future citizens (including children)and tourist Visitors from using River Lane as a safe and quiet shortcut to the park,or indeed, just as a quiet walk.This Lane should not be scrapped merely because of some out-of- town developer wants it.In any event,the Proposed Plan &By-Law could contravene Ontario Law regarding Right of Way. iii)We further submit that we do not believe that the current Of?cial Plan was drawn up without careful thought of the future and to safeguard citizens’rights from future development and developers It is shameful,but it appears that the this council will now consider changing that Long Term Plan into an Incremental Short Term ‘Nickel &Dime Seat of the Pants’type Plan and to open the doors to anyone that may request a “special” change in a plan at any time in the future. iv)We provide this submission with citizenship in mind and without any ?nancial gain or favour to ourselves. 1 uula mun»:u1_y /. «Q74;’Kdéggmé "'/\.~ZMAl«:Q/fit.-Civic Mr.&Mrs.C.G.Kirkpatrick C.G.&J.R.Kirkpatrick 4458 John Street Niagara Fa||s Ontario Canada L2E 1A5 puyy lU. Ontario Municipal Board Page 123 of 623 :i 3”l/L1/)xk-*, 4468 Philip St./ Niagara Falls,ON LZE 1A6 October 3,2017 Director of Planning and Development City Hall,4310 QueenSt. ,,w,n, lV13.g3f3.rails,UIV V OCT02 2017 PLANNING NT LZE 6X5 Reference:City File AM-2017-Oll Dear Sir/Madam: I am writing this letter in response to the request for amendments as per City File AM-2017-01 l, applicant:5507 River Development Inc.,that would permit the construction of one 12 storey condominium tower,one 2]storey condominium tower,and 500 parking spaces,to be built on River Road between Philip and John Streets. As a resident of Philip St.,I am asking that the Niagara Falls Planning and Development Department not approve this plan for the following reasons: — in an already over—burdenedarea —the consultant for the developer,Ryan Guetter,Weston Consulting,suggested that tenants of the 390 unit complex would be primarily from outside our area and not likely be full—timeresidents. Niagara Falls residents have already been quite vocal about the out-oficontrol presence of unlicensed B and B operations and this project lends itself to more of the same problems.Although Mr.Guetter suggested that the condo board would take care of the problem,the condo board would have no control over the behaviour of its guests outside of the condo premises and therefore the litter and property damages would become the problem of the neighbouring residents,and the disorderly behaviour,(as there is a high concentration of drinking establishments in close proximity),would become a problem for the police. —Consultant for the developer,Ryan Guetter,also advised that they would send an expert to our homes to take photographs of our basements,both inside and outside,should our properties suffer any damage due to this construction.As a homeowner,I ?nd this alarming.The properties in this neighbourhood are over 100 years old and they have been well looked after,but aggressive drilling and .........,.--._-. heavy equipment operation over a period of at least two years is a frightening prospect.Planning and Development should not be considering supporting a project that has the potential to cause structural damage to the homes of its taxpayers. —A development of this scale would be out of character for the neighbourhood of two storey character homes and smaller scale multi-family dwellings.Although it is an older neighbourhood,the homes are owner occupied and maintained with great care.(Philip Street won a best neighbourhood Trillium Award in 2011).This is certainly not a neighbourhood that is a blight on the city of Niagara Falls,but an older neighbourhood with great character,and loved by those of us who choose to live here.The only blight in the neighbourhood are the properties on River Road that have been neglected by the owners for the past decade,while they have waited to cash in with developers. Page 124 of 623 Andrew Brxce From:Gwen Donofrio Sent:Monday,September 18,2017 1:27 PM To:Andrew Bryce Subject:FW:City File:AM—2017—01l ‘E‘E‘”‘7"‘E ‘ § 559 1 3 2017 ’ PLANNING EV |,g%'1-'_";":-L 's'c:‘;n'i':'I\4Vc>hri1'z§y,J'.<,‘§;'a\t:a}1'l>File:/ mm ' To:Gwen Donofrio Subject:City File:AM—2017—011 '20 /7 / To whom it may concern:please be advised that I am opposed to the application by 5507 River Development Inc.,City File:AM—20l7—0l1,speci?cally for the condo tower development on River Road,between Philip and John Streets,in Niagara Falls,Ontario. Sincerely, Debra Jackson Jones 4468 Philip St. Niagara Falls,On LZE 1A6 Page 125 of 623 Gwen Donofrio From: Sent: To: Subject: For scanbox Tuesday Hr-*-r|n\/ifrh Andrew Bryce Friday,August 10,2018 9:09 AM Gwen Donofrio FW:Proposed development In Chippawa /2/n—.,2z/7~m -S-ent.rIday,l:’-\lugu::tH10,2018 9:05 AM To:Rita Marriott;Andrew Bryce;Ken Mech Subject:FW:Proposed development In Chippawa Please copy for 2 files From:donna mongeri n_1] Sent:Thursday,Augus...,LUJ.O 0:3.)I-’|V| To:Alex Herlovitch Subject:Fwd:Proposed development In Chippawa Sent from my iPad Begin forwarded message: From:donna mongeri ,__ Date:August 9,2018 at 4:19:57 PM EDT To:councilmembers@,niagarafalls.ca Subject:Proposed development In Chippawa Dear City of Niagara Falls Council Members: As a resident of Chippawa we wish to advise you that we are concerned about the recent proposed residential development in our area,speci?cally the property at the corner of Sodom Rd.and Lyons Creek Rd,as well as the development at the Rutland School property on Willoughby Dr. We are concerned that the Sodom Rd.development will result in a negative impact to ourselves and the residents of Chippawa for the following reasons. *Increased traffic.There is only two roads in and out of Chippawa.The traf?c at Sodom Rd.and Lyons Creek Rd.has increased dramatically because of past development off Sodom Rd.(behind Betty’s Restaurant)and the busy Chippawa Boat Launch area. *The proposed six story condo will negatively impact the aesthetics of the natural beauty of the park area and boat launch along the Welland River in that area. We are also concerned that the Silvergate development at the Rutland School property on Willoughby Dr.will have a negative impact on our area. *The development will back on to provincially signi?cant wetland in the Legends Niagara Parks area. 1 Page 126 of 623 'L CEIVEDTRitaMarriott From:george litwicki __ v_ Sent:Tuesday,July 24,2018 5:07 PM To:Alex Herlovitch;Jim Diodati;CouncilMembers Subject:Proposal of Time Development groupto build on River Road,Between Philip and John Streets _ l°lanm‘nuIt 7 l To Mayor Dlodati,Alex Herlovitch,the Director of Planning,all the Councillors: Concerning: 5471,5491 &5507 River Road,4399,4407,4413 &4427 John Street and part of River Lane Between Philip Street and John Street (assessment Roll Nos:2725-O30-O02-15200,2725-030—OO2—15300,2725-030-002- 15400,2725-030-O02-15600,2725-030-O02-07100,2725-O30—O02—07200,2725—030—0O2-07300,2725-030-002- 07400 &2725-030—O2213005) Official Plan and Zoning By—|awAmendment Application——CityFile:AM—2017—O11 Applicant:5507 River Development Inc.(Agent—Ryan Guetter,Weston Consulting) I would like to address the city on concerns of having these 12 to 21 story towers built on this property. 1.Previously,there were objections to a 4 story and a 7 storey building and were not deemed appropriate and there were many,many objections for it being built.Now they changed the zoning to an even higher density with even more units. This area is a single family home,heritage homes,duplexes and Bed and Breakfast residential area. This project suggested lately,it absolutely does Not fit in this area.We strongly suggest Not to allow this project to precede.Skyscrapers in an old neighborhood will be out of place and make our beautiful homes look like dwarf houses. Building so close to the Gorge has environmental concerns .This area is extremely close to the Gorge and the river.Homes and Bed and Breakfasts,etc.can be damaged by the blasting and digging and heavy equipment brought in for building and it will be a major disruption ofthe neighborhood with the building ofthese condos. The Time Development Group said they were NOT going to improve the sewer system.I would like to point out that 390 units does not equal 390 residents..Married couples makes that double ,780 people plus children,1 or 2 plus relatives,equal to well over 1,000 possibly more.In many towns across Canada they have more than 3 people living in 1 bedroom apartments and there will be some 2 apartments.likely upgraded.long developers have left and have sold the apartments.They are no longer responsible for this.Therefore causing sewer problems for all the houses nearby.The developers will not have these buildings at the end of their street and will not have to put up with noise traffic that Will be created.But we will. 5.The traffic that it will create will be well above any studies done.I have seen this in many areas.2 car families will happen and parking will become a real prob|em.Causing a lot more traffic.We already have a lot of traffic,especially during the season .This will increase it. 6.The fact that residents were not even notified of this land for sale so cheap or or that the city was selling the laneway,is deplorable. 7.I have talked to several people in the neighborhood and no one wants this development at all. Page 127 of 623 For the public meeting at City Hall,5:00 PM Monday,September 18,201 ‘_REIVED ‘ ccrw/ifs .4 FOURTEEN FAST FACTS about the proposal of Time Development Group to build 12—and 21-storey towers on River Road,between Philip and John Streets 1.Current zoning:low-rise,high density.The development plan approved by Council in 2008 provides for 119 units in a long,narrow building of 7 storeys at the south end (John Street)and 4 storeys at the north end (Philip Street).The density approved is 96 units per acre. 2.Proposed zoning:high-rise,super-high density (as shown above right).The current proposal is for 390 units in two apartment towers of 12 and 21 storeys.This works out to a density of 200 units per acre. 3.Density even higher than in the proposal earlier withdrawn.In 2006,over the objections of its Department of Planning,City Council approved a 29—storey tower for this site,with a density of 155 units per acre.Residents protested.Niagara Region disapproved.The property changed hands.The 2008 rezoning currently in force (density of 96 units per acre)was a kind of compromise,but the economy slowed.No construction took place. 4.Lending the developer a helping hand.In 2006,residents objected to the proposed development on grounds that it would interfere with their use of River Lane.This objection no longer counts,because the section of River Lane between Philip and John Streets no longer exists.Last February,after Time Development bought the development site and informed the city of its plans for the 12-and 21—storey towers,City Council closed this section of River Lane, declared it disused and surplus,and sold it to Time Development. Cheap land for sale —sorry,soldl How much did Time Development have to pay?$12,000,or about $15 per m2 (according to the report to Council of City Solicitor Ken Beaman and CAD Ken Todd,the land amounted to 845 ml). The minutes do not show anyone suggesting that the land might have been sold too cheap,or that other abutting landowners should have been allowed to bid. Might the towers fall into the gorge?No building as tall or heavy as those proposed has yet been built so close to the edge of the Niagara Gorge.In 2008,BillBarratt,president of the company that installed the lighting poles along River Road,was worried about the geological risk and unintended effects of blasting the bedrock.He registered his concerns with the city's Planning Department,enclosing photos of the Schoellkopf disaster in 1956 —directly across the river from where the 12-and 21—storey towers would be built.Mr.Barratt died in 2011. New skyscrapers in an old neighbourhood.Currently,super~ta||buildings in Niagara Falls are almost all in the Fallsview Casino area.The buildings proposed would be the tallest north of the Rainbow Bridge and Highway 420, taller even than Buckley Towers near Victoria Avenue,currently the tallest,with 14 storeys.The proposed towers would dwarf the heritage homes,duplexes,and bed and breakfasts in the residential area along River Road. The proposed towers are short compared to what Council has approved for next door.In 2012,City Council approved a redevelopment plan for the adjacent properties to the south —where Bird Kingdom and Travelodge are now.That plan,proposed by partners Ralph Terrio and Hunter Milborne,allows for construction of two 60—storey towers for a resort.After five years,no construction has begun. Page 128 of 623 City of Niagara Falls RECORDED DELIVERY Director of Planning,, ,H Bnildlng&Development,R E C E IV E D ‘ City Hall . 4310 QueenStreet,Aug 0 2 2013 Niagara Falls, PLANNINGOntario.L2E 6X5 8‘DEVELOPMENT 30 July,2018. Re —Our Written Submission to the Public Hearings concerning Proposed Of?cial Plan &By-Law Amendment and Amendment Application —City File AM-2017-011 i)It is our understanding that the purpose of the public hearing is to provide the council with opinions from individual members of the public. ii)We submit that River Lane has had Public Access as a Right of Way for about 100 years.We ourselves use that section River Lane frequently and have done so for more than twenty years,mainly taking our family,grandchild and our visitors on a quiet and safe walk up to the park situated on Ontario Avenue (between Eastcote &Otter).We believe it would be a wilful deprivation to stop future citizens (including children)and tourist Visitors from using River Lane as a safe and quiet shortcut to the park,or indeed, just as a quiet walk.This Lane should not be scrapped merely because of some out-of- town developer wants it.In any event,the Proposed Plan &By-Law could contravene Ontario Law regarding Right of Way. iii)We further submit that we do not believe that the current Of?cial Plan was drawn up without careful thought of the future and to safeguard citizens’rights from future development and developers It is shameful,but it appears that the this council will now consider changing that Long Term Plan into an Incremental Short Term ‘Nickel &Dime Seat of the Pants’type Plan and to open the doors to anyone that may request a “special” change in a plan at any time in the future. iv)We provide this submission with citizenship in mind and without any ?nancial gain or favour to ourselves. 1 uula mun»:u1_y /. «Q74;’Kdéggmé "'/\.~ZMAl«:Q/fit.-Civic Mr.&Mrs.C.G.Kirkpatrick C.G.&J.R.Kirkpatrick 4458 John Street Niagara Fa||s Ontario Canada L2E 1A5 puyy lU. Ontario Municipal Board Page 129 of 623 To:The Director of Planning,Building and Development Dear Mr.Herlovitch:in regards to the development between John and Philip Streets in the city of Niagara Falls On,we do have some comments and objections. 1.The width of Blondin Ave.is hardly adequate for two cars to pass and will need some work especially with such an increased amount of traffic that will result if this development should take place.Access to the QEW will also be increased and traffic off of the Rainbow Bridge could be held up because of residents trying to L.:..!.....,...Z..._.... dl..Lt:'b§Lllktl mguwdy IIUIII Lllki LUHlplCX. .Blasting of the ground rock at this site could impact the lower gorge and the River Road foundation. .The number of proposed apartments is too large a number for the area.The roads surrounding the complex will be packed with cars and the noise factor of this as well as our other noise problems e.g.Buses and helicopters (from the American side)will surely be increased.if residents resort to the laneway between Hiram and John St.this will cause noise,dust and fumes in our back yard. .This is a very old part of the city and we have had problems with our old sewers and water pipes.Thank you for Hiram St.repaired approximately 5 years ago. l(inn-rlnnn 3|-ula QOH.,-.vvlll uu;pulny auuuun an Lu:unu nuu?uuui uc uunc Lu nunulc uu:vvuau:nun:.:.Iu apartments? Thank you for your time and attention to our concerns.We certainly are against such a massive development as this proposal. Sincerely,RECEIVEU SEP 192017JohnHaitos PLANNINGLinda(Savriga)Haitos 3.DEVELOPMENT 4443 Hiram Street it:H C(‘-C/+3/'@ Page 130 of 623 RECEIVED‘ SEP 1920i? September 18,2017 PLANNING Rita Vetere &DE\’/E_l_;gi_)PMENT 4446 John St. Niagara Falls,ON L2E 1A5 Director of Planning,Building and Development City Hall 4310 Queen Street Niagara Falls,ON L2E 6X5 Dear Sir: Re:5471,5491,5507 River Road;4399,4407,4413,4427 John Street;Part of River Lane Official Plan and Zoning By—Law Amendment Application City File:AM-2017-011 Applicant:5507 River Development Inc.(Agent:Ryan Guetter,Weston Consulting) 1,along with my husband,Frank Vetere,own and reside in the premises at 4446 John St. Please accept this letter as my written comments and concerns regarding the above-noted proposed development. I attended the open house hosted by Mr.Guetter earlier this year and he was kind enough to provide me with the proposed condo design plans.I would start by saying that the design for the proposed condo development is aesthetically pleasing and,as I mentioned to Mr.Guetter at the time,I would be happy to see the land in question developed.Having said that,I do have the following serious concerns regarding the proposal,which I have previously expressed to Mr.Guetter: 1.While I have no objection to Tower 2 (eleven stories)on the corner of Philip and River Rd.,I am of the opinion that Tower 1 (twenty-one stories)at the corner of John and River Rd.is just too high,especially in view of its proximity to the two- storey residential properties on John St.In my opinion,a 21-storey tower extending into John St.will result in privacy issues for residents,a decrease in property value for the houses nearby,and/or interference with enjoyment of property for residents of John St. 2.There appears to be virtually no buffer zone between Tower 1 (and the adjoining parking structure)and the two storey residences on John St.to soften the transition between the high-rise development and homes.In fact,one of the properties across the street from me (currently an empty lot upon which I understand a house is to be built)is directly adjacent to the west side of the development (which I believe is the ramp to the condo parking).The complete lack of green space/buffer zone between the houses on John St.and the development would not be aesthetically pleasing and would have an Impact on privacy for nearby homes. Page 131 of 623 C°,QaJecL -if/_,'1M>q““4‘W‘i1 "2“!d1Ni1E'\fI June 1,2018 ‘if '"'' AA/I -Ol Rita Vetere ‘gov’l 4446 John St. mm §255'1EQ$\a5Fa||s,ON ~‘KEEEVEE 3 JUNI 52018 Director of Planning,Building and Development W Ha"tWme,t;ex§-e9.PMENT 4310 Queen Street ' Niagara Falls,ON L2E 6X5 Dear Sir: Re:5471,5491,5507 River Road;4399,4407,4413,4427 John Street;Part of River Lane Official Plan and Zoning By-Law Amendment Application City File:AM-2017-011 Applicant:5507 River Development Inc.(Agent:Ryan Guetter,Weston Consulting) I,along with my husband,Frank Vetere,own and reside in the premises at 4446 John St. Please accept this letter as my written comments and concerns regarding the above-noted proposed development. I attended the open house hosted by Mr.Guetter last year and he was kind enough to provide me with the proposed condo design plans.I would start by saying that the design for the proposed condo development is aesthetically pleasing and,as I mentioned to Mr. Guetter at the time,I would be happy to see the land in question developed.Having said that,I do have the following serious concerns regarding the proposal,which I have previously expressed at the public meeting held in September 2017: 1.While I have no objection to Tower 2 (eleven stories)on the corner of Philip and River Rd.,I am of the opinion that Tower 1 (twenty—one stories)at the corner of John and River Rd.is just too high,especially in view of its proximity to the two- storey residential properties on John St.In my opinion,a 21—storey tower extending into John St,will result in privacy issues for residents,a decrease in property value for the houses nearby,including mine,and/or interference with enjoyment of property for residents of John St. 2.There appears to be little or no buffer zone between Tower 1 (and the adjoining parking structure)and the two storey residences on John St.to soften the transition between the high-rise development and homes.In fact,one of the properties across the street from me (currently an empty lot upon which I understand a house is to be built)is within ten feet of the west side of the development (which I believe is the ramp to the condo parking).The lack of green space/buffer zone between the houses on John St.and the development would not be aesthetically pleasing and would have an impact on privacy for nearby homes. 3.Densi?cation was cited by Mr.Guetter as being in line with provincial guidelines.I am sure the city is mindful,however,of the 60 and 61 storey development which Page 132 of 623 has already been approved by council for the opposite corner of John St.and River Rd.(the Luxury Resort by Hunter Milborne and Ralph Terrio).Mr.Guetter indicated he did not know if and when that high rise development would be proceeding,but according to the attached article from the Daily Commercial News dated May 1, 2017,the 60 and 61 storey development is in fact proceeding,with groundbreaking to commence in 2 to 3 years.In my view,those towers will provide more than enough densification within our community.Accordingly,the proposed 21 storey tower (Tower 1)should be restricted in height to a maximum of 10 -12 storeys. 4.Irarric is also an obvious concern ror me,as John bt.would provide the only access to parking for the proposed condo development.Right now,our street is very quiet. With approximately 400 additional cars going in and out of the proposed condos each day,that would change drastically.To add to the problem,it appears from a perusal of the plan for the Milborne/Terrio 60 and 61 storey development on the opposite corner of John St.and River Rd.that access to parking for that high rise development would likely also be via John St.or John/Blondin,which would no doubt result in a traffic nightmare when both developments are completed. It appears clear that residences on John St.will bear the brunt of negative impact from the proposed condo development,with the taller of the two towers on John St.and access to parking for the proposed development also situated on John St.Potentially, access to parking for the approved 60 and 61 storey development might also be on John St.or Blondin,which would further aggravate the traffic problem to an unacceptable degree.For the reasons cited above,Iwould therefore request that consideration be given to the following: 1.That a height restriction of 10 -12 storeys for the tower on John St.and River Rd.(Tower 1)be implemented and that approval not be given for the 21-storey tower,for the reasons cited above. 2.Regardless of the height of the tower on John St.and River Rd.,a larger area of green space or buffer zone should be incorporated into the plan (next to the ramp to the parking garage on John St.)to provide a transition from the proposed development to the two-storey residences next to it.As stated,the lack of adequate transitional green space will definitely result in a poor view for residents of John St.and would no doubt result in privacy issues. 3.In view of the fact that the only access to parking for the proposed condo is on John St.,and in view of the fact that the approved 60 and 61 storey development on the opposite corner of John St.and River Rd.will also have a drastic impact on John St.traffic,consideration should perhaps be given to amending the plan of the proposed condo to provide access to parking from a street other than John an. The above comprises my concerns with respect to the proposed development,and I thank you for your tlme In considering them.I truly hope that the developer,city hall and our community can work together to arrive at a solution which will benefit all. Ri a Vetere Page 133 of 623 Niagara highrise partners eyeingAsian clientele -constructconnectcom https://canadaconstructconnecLcum/dcn/ne\vs/projects/20]7/05/niagara" PROJECTS Niagara highrise partners eyeing Asian clientele Don Wall May 1,2017 Partners Hunter Milborne,Andrzej Kepinski,Ralph Terrlo and Dan Raseta,working together as Niagara Global Development Limited,have collaborated with consultants B +H Architects,PCL and MMM Group for the Niagara Falls hotel project with the working name River Road Niagara Falls Luxury Resort.- ’‘he architectural drawings look stunning but groundbreaking for the $500-million,1.3-million-square-foot River Road remains a couple of years away at least as the project partners continue to piece ‘L together a developmentplan, The project will see a pair of luxury highrise hotels,61 and 60 storeys tall.along with such other amenities as highvend retail and restaurants,a 25,000-square-foot spa,conference support facilities,entertainment,observation decks and even a chapel,built near downtown in the River Road,Hiram Street and Blonolin Avenue district. Partners Hunter Milborne.Andrzej Kepinski,Ralph Terrio and Dan Raseta,working together as Niagara Global Development Limited,have their eyes on an international tourist clientele with a focus on the Asian market and have consulted to incorporate feng shui elements into the five-star lodging plans. Planning approvals may have been obtained five years ago and groundbreaking is still two or three years away,but make no mistake,said Terrio,the build is a go. "We know it is a for-sure go-ahead at some point,”he said."Because we know Niagara Falls will always be a great place to do this type of business.So it is just a matter of time‘They don't create any more fallswview land,so we think we are well positioned for the future." Each of the 993 hotel units envisaged in the plan will be single loaded,that is,they'll have a view of the falls‘That will be accomplished.said Terrio,by incorporating retail and other uses unto the nrs_t seven or so rioors,with hotel rooms starting Elylu floors up. "That is why you need the height,to get as many rooms as possible with the falls view.because we are set back with almost a postcard view of the fails,you can go higher and have a nice panoramic View of the falls and the whole fa|ls~view area."he explained. Currently on the site,owned by the developers,is a Travelodge hotel —formerly the Michael's Inn —and a thriving attraction. Bird Kingdom,which is said to be the world's largest free—f|ying aviary.Bird Kingdom will be incorporated into the new project. Terrio said.‘ Original plans called for phasing of the towers but Terrio now says they will be built at the same time.The timetable calls for a finalizing of costing and a selection of hotel operators in the next year —possibly two different brands,and possibly with Asian links —and deciding on the exact model of pre-selling of the hotel units.with possible adoption of a condo hotel model one option being considered. 2 of3 ''‘'''' 2013-05-25 2:15 PI\ Page 134 of 623 i=?.;+’l.;,, "I !oc4:'Ll;427é~4 ?»e : gm 07?/7—o// Mr.Alex Herlovitch Director of Planning,Building,and Development City of Niagara Falls 4310 Queen Street,PO Box 1023 Niagara Falls,Ontario,L2E 6X5 aher|ovitch@nlagarafa|ls.ca Dear Mr.Herlovitch: Thank you for the opportunity to attend the Open House on September 18,2017 to learn about the proposed condominium development on River Road between John and Phillip Streets.I have carefully reviewed the variances being requested by the applicant,and am writing to request that the Planning Department,and Council,not approve these variances. l have been the owner of 4434 Phillip Street since 1997,where I have made my home and operated a licensed Bed and Breakfast.Agents of Time Development made a concerted effort to purchase my property this past year.I told them that I was not interested in selling. To attain the density of development that they would like,I see that they have now requested variances on all four sides of their property that would allow them to build closer to neighbouring properties than the current zoning allows.In particular,they are requesting that the side yard width requirement be reduced from one quarter of the building height to 2.8 meters.This means that a twelve story building would tower fewer than 2.8 metres from my property line.If the current bylaw were enforced,the 77 metre (21 story)building would be 19.25 meters from the property to the south of mine,but also adjacent to the proposed development.It would be about halfthat for the 12 story building that they would like to build adjacent to my property. My request is that,at the least,you enforce a side yard width requirement of 10 metres from my property.Had you given me the opportunity to purchase the section of River Lane now owned by Time Development,this set—backwould have been achieved easily.By closing the section of River Lane and selling it to Time Development,you have enabled them to propose a project that would unreasonably intrude on the enjoyment of not only the two properties adjacent to the proposed development,but all the properties on Phillip and John Streets. I hope that City planning staff and Council will protect the interest of the many |ong—time residents living in teeimmediate area azffectedbythis proposed development,and reject thisuapplivcation. Sincerely. Susie Ong Page 135 of 623 SENT AS EMAIL ATTACHMENT FROM —>abryce@niagarafalls.ca 5419 River Road Niagara Falls,Ontario L2E 3H1 «nan; SEP2 2 231?' PLANNING 20 September 2017 Mr.Andrew Bryce Department Planning.Building.Development Cityof Niagara Falls,(Sntario Dear M1.Bryce._D// Amidst the many other serious concerns —height,density,traffic,and so on —raised about the (jg 'g proposal to build two condo towers on River Road (AM-2017-I 1),I have a speci?c recommendation about possible geophysical hazards.I recommend that the current proposal,or any proposal of similar magnitude,not be approved until engineers expert in rock engineering and slope stability assessment certify that the risk of environmental damage to the Niagara Gorge and to nearby homes,as well as the risk of future instability of the towers themselves,is no higher than for projects commonly approved in other jurisdictions. The developer may already have obtained such an assessment,but I don ’t believe so,since none of Time Development Group’s representatives at last Monday’s meeting cited it in response to my questions in this regard.What I recommend is something more than routine borehole data on substrata.The expertise that needs to be called upon can be found in the Rock Mechanics section of the Department of Civil Engineering at the University of Toronto (http://civil.engineering.utoronto.ca/research/mIning—geomechanics/rocl<—mechanics/),in consulting companies like Rocscience in Toronto (https://Www.rocscience.com/company/about- us/our—teamj,and in similar professional organizations elsewhere. The need for such an assessment is supported by six plain facts: 1.No building of such height and weight has yet been built so close to the edge of the Niagara Gorge,least of all one resting on four levels for underground parking that will have to be carved out of the escarpment,possibly even by blasting.To see how unprecedented the proposed project is,one need only study satellite photos of the area along the Niagara River from the falls to Niagara -on—the—Lake. 2.The gorge has a history of instability,especially due to freezing and thawing of water that ,,L‘,_xr‘,,,,,,1_'_,Ln,rum,__n,,,,,_n.u,,1,,,,,SCCPSlI'1[O IISSUTCS lI'0l'[1 |.?C 1V1'c‘1g'clI"<11\1VCl'ZIDOVES LHC 1d.llS.1 K10 U0l1'cipSC U1 U16 Illlg? Schoellkopf Power Plant in 1956,directly across the gorge from the development site, was the worst disaster due to rock instability.The collapse of Prospect Point in 1954 is another example;this was next to the American falls,about one km south of the development site.There have been numerous other rockfalls,including those that forced abandomnent of the railway at the base of the gorge. Page 136 of 623 RECEIVEEY Andrew Br ce 'm] From:Kenneth Westhues PL/\NN'NG 'OPMENT Sent:Tuesday,September ,:8‘DEV/EL To:Andrew Bryce;Alex Herlovitch Cc:esavoia@niagaraparks.com;rino.mostacci@niagararegion.ca;Dr.Anne Westhues Subject:Geologic risk of high—riseproposal (AM—2017—11) Dear Mr.Bryce and Mr.Herlovichz c’(‘:QL1/L/I(§ In response to the information sheet,“Fourteen Fast Facts,”that I circulated in our neighbourhood about the proposal to build l2—and 2l—storey condo towers on River Road between Philip and John Streets (AM-2017-ll),I received an email from an anonymous person,apparently with relevant technical expertise,who said he does "not want to be directly involved or engaged in any dealings with the City on this matter,"but that L "as a citizen and taxpayer”can forward his information however I wish. I have decided,therefore,to forward his email to you.He asks me to correct his English, imnrpssinn &/|....,..\,\4AA\—r AlIltlA\J§l§lA\1AA KALAL/Vkx AA\/...L4\J .4 -\,.._,..-AIlllllADA_\/HAAIA.,.,,_..,.i\......_,....,u U.....r....Al4VAAC\/lt/t to Canada from a country where people are not free to question civic authorities.Indeed he cautions me to be careful Following are the main paragraphs of his email: "Given the geologic characteristics of the Great Gorge,the first,no—brainer question is whether this project can be safely built so close to the steep weathered,deep Clif? "The five lines in your very valuable flyer may not be enough to highlight the danger associated with failure of the Great-Gorge-Rock~Cliff,which is known to have been problematic for construction in the past "It is not only the issue of Vibration and potential blasting shock waves,but also of increased stress on the rock caused by the weight of the thousands of tons of 1 Page 137 of 623 ,_ i go Planning From.Alex Herlovltch } .'~)c.\wmecI i M.~.m4;m 9-’):E "H3 To: Subject: Please copy for file r‘ru|nr\iI Ivlulluuy,I'\u3u.)L I.),{_\.I II.)U.LU I'\IVI Teresa Fabbro;Rita Marriott;Andrew Bryce;Ken Mech / FW:River Road .R CEIVED AUG1 3 2018 npMr=M'r v’W::377~o// I IIID ILCIII ID Ull IWUEJUDL l"l‘\J\JUII\JI|I'\HC|IUG a From:Linda Babb [mai|to_I__ Sent:Sunday,August 12,2018 11:49 AM To:Fred Kratz;Carolynn Ioannoni iPhone Account;Joyce Morocco Bell Account;MikeStrange;Vince Kerrio;Victor Pietrangelo;Wayne Thomson FallviewAccount;Kim Craitor Cogeco Account Cc:John Barnsley;BillMatson;Alex Herlovitch Subject:River Road You must all be aware of the concerns surrounding the proposed development on River Road coming for discussion.I have been following the 'subject“proposal and happened upon an article from May 1 2017 which was alarming to say the least. https://canada.constructconnect.com/dcn/news/projects/20 l7/05/niagara—highrise-pa11ners-eyeing-asian- clientele—1023469w Extracts from the article Partners Hunter Milborne,Andrzej Kepinski,Ralph Terrio and Dan Raseta,working together as Niagara Global Development Limited,have their eyes on an international tourist clientele with a focus on the Asian market and have consulted to incorgorate feng shui elements into the five- star lodging glans. Planning aggrovals may have been obtained five years ago and groundbreaking is still two or three years away,but make no mistake,said Terrio,the build is a go. We know it is a for-sure go-ahead at some gain ,"he said."Because we know Niagara Falls will always be a great place to do this type of business.So it is just a matter of time.They don’t create any more falls-view land,so we think we are well Qositioned for the future." Is all that true?Is every one of you aware of this?Niagara Falls,in parts,1';beautiful but -if that sort of development is allowed to proceed —what if anything of Niagara Falls is going to be left untouched‘? We all know the reality that ’’some”development —some growth is needed but,at what cost? In case anything is left out of the Agenda package here is a link to one item on the City website. https://niagarafalls.ciVicweb.net/document/10246/Correspondence%20from%2ORita%20Vetere.pdf?handle=9A Bl12L)892$l)C4'/3285554Bt93'/A3t"'/151) There is outrage about Thundering Waters and the proposed development in Chippawa -now this? 1 Page 138 of 623 I acknowledge I am a relative "newcomer"to Niagara Falls and you may think I have no right to be so irritating and vocal but Niagara Falls does have its own character and beauty -please let's not allow it to be a clone of Toronto or -heave forbid -La Vegas. Sincerely Rqlnh LJuLuu .I_lhl|J u "Doubt less ~believe more,complain less ~appreciate more,worry less ~dream more,fear less ~trust more, control less ~flow more." WW Page 139 of 623 PBD-2018-55 August 14, 2018 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2018-55 AM-2018-017, Zoning By-law Amendment Application 9889 Montrose Road Proposal: South Niagara Hospital Applicant: City of Niagara Falls RECOMMENDATION 1. That Council approve the City initiated Zoning By-law amendment application to rezone the lands to a site specific Institutional (I) zone, in part, to allow an increase in the building height for the proposed hospital and the Environmental Protection Area (EPA) zone, in part to ensure protection of natural heritage features on the subject lands; 2. That Council pass the amending by-law appearing in Council’s agenda to implement the amendment. EXECUTIVE SUMMARY City Staff have been working with a committee from Niagara Health System for a new South Niagara Hospital at the northwest corner of Montrose Road and Biggar Road. A zoning by-law amendment is being initiated to rezone the lands from Rural –Agriculture (RA) zone, in accordance with Zoning By-law 1538 to a site specific Institutional (I) zone, in part, and the Environmental Protection Area (EPA) zone, in part under Zoning By-law 79-200, as amended. The site specific I zone will facilitate construction of the new hospital to a maximum building height of 28 metres (91.8 feet) and the EPA zone will ensure protection of the natural heritage features associated with a creek which traverses the north-west corner of the subject lands. The amendment is recommended for the following reasons: The proposal is consistent with the Provincial Policy Statement (PPS) as the lands are located within a Settlement Area under the Provincial Policy Statement (PPS) and designated Greenfield under the Places to Grow Plan for the Greater Golden Horseshoe. The PPS encourages appropriate mix and range of employment and institutional uses to meet long term needs of the community and by preserving the natural heritage features existing on the lands; The proposal conforms to the Regional Official Plan (ROP) as the lands are within the Urban Area in the ROP. A full range of residential, commercial and industrial uses are permitted generally in Urban Areas, subject to availability of municipal services. The land is also designated as part of the Niagara Economic Gateway Page 140 of 623 2 PBD-2018-55 August 14, 2018 Centre and Strategic Location under the ROP. The proposed amendment aligns with the Regional growth management policies; The proposed Institutional zoning will allow appropriate regulations for the development of the proposed hospital; The proposed Institutional zone conforms with the City’s Official Plan and the Grand Niagara Secondary Plan; and The proposed EPA zone is in conformity with the Official Plan’s Environmental Protection Area policies and will protect the floodplain as well as a 30 metre (98 foot) buffer from the top of creek bank. BACKGROUND Proposal City Staff have been working with a committee of the Niagara Health System (NHS) on a proposed new South Niagara Hospital site. Staff has initiated a Zoning By-law amendment for a 20.16 hectare (49.8 acre) parcel of land, described as Parts 1 and 2, 59R-15870 (Schedule 1). The lands are located at the north-west corner of Montrose and Biggar Road. The lands are currently vacant. Schedule 2 shows a conceptual layout for the proposed hospital. The lands are zoned Rural - Agriculture (RA), in accordance with Zoning By-law No. 1538. Under the Public Utilities section of By-law 1538, as amended, a hospital board may use any land or use or erect any building or structure for the purpose of a public service. Part 1 on Schedule 3 is to be rezoned I –Institutional, with a special provision for height in accordance with the Zoning By-law 79-200 to provide regulations for the future hospital site. Part 2 on Schedule 3 is to be rezoned Environmental Protection to protect the creek and a 30 metre buffer in accordance with Zoning By-law 79-200. Site Conditions and Surrounding Land Uses The lands are located on the north-west corner of Biggar Road and Montrose Road. A creek traverses the northwest corner of the site and a successional scrub area is situated at the southwest corner of the property. Lands to the south are used for Arpad community hall. Lands to the east and west are used for a mix of agriculture and residential uses. Neighbourhood Open House A neighbourhood open house was held on July 17, 2018 to obtain feedback from surrounding property owners. Four area residents attended the open house. They were supportive of the proposed development, however requested information regarding the road improvements, site design and installation of a traffic signal. They also asked to be kept informed about the future applications for the proposed development. Page 141 of 623 3 PBD-2018-55 August 14, 2018 Staff mentioned that the details regarding the site layout and road improvements would be dealt with at the site plan stage. 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 - The proposal is generally consistent with the PPS and conforms to the intent of the Provincial and Regional policies. - Part 2 adequately captures a 30 metre buffer area to protect the watercourse (fish habitat) and adjacent woodlands. - Regional Staff suggest a campus master plan be adopted for the overall site design. - The Region is conducting an Environmental Assessment for Montrose Road. The Region may require a greater road allowance width regardless of the current satisfactory widths. - Current operational capacity of the south side high lift station is close to capacity during peak wet weather events. Servicing capacity con straints will be addressed as part of the subsequent planning applications. - a holding provision should be included in the amending by-law to require evaluation of the wooded area in the southeast corner of the subject lands and to require the submission of archaeological assessments for the registered sites together with acknowledgement letters from the Ministry of Tourism, Culture and Sport. Niagara Peninsula Conservation Authority (NPCA) - Niagara Peninsula Conservation Authority (NPCA) Mapping indicates that the subject parcel is traversed by a watercourse associated with Lyons Creek and associated floodplain. An Ecological Studies Baseline Report (Savanta, May 2016) indicates the presence of a wetland feature adjacent to the watercourse which is consistent with the edge of natural vegetation. - An Environmental Impact Study (EIS) can be waived if the zoning by -law amendment recognizes the north-west corner of the site, plus a 30-metre buffer from the vegetation edge, as EPA. - The NPCA is satisfied that the limit of the floodplain impacting the parcel is within the 30 metre setback measured from the top of bank. However, the Page 142 of 623 4 PBD-2018-55 August 14, 2018 edge of the wetland identified in the Savanta Report extends beyond t he top of bank associated with the watercourse. Please note the limit of the wetland and associated 30 metre buffer is to be zoned as EPA by this application and should satisfy the interests of the NPCA. Municipal Works, Transportation Services, Fire Services, Building Services and Legal Services - No objections to the rezoning or request site specific standards. ANALYSIS 1. Provincial Policies The lands are located within a Settlement Area under the Provincial Policy Statement (PPS) and within the Greenfield Area under the Places to Grow Plan for the Greater Golden Horseshoe (Growth Plan). Both the PPS and the Growth Plan promote a mix and range of employment uses to meet long term needs. The Growth Plan also establishes a minimum density for development in Greenfield areas of 50 people/jobs per hectare. Once fully operational the hospital will be a major employer and thus is consistent with the PPS and Growth Plan. 2. Regional Conformity The proposal complies with the intent of the Regional Official Plan. Regional staff recommends a Holding provision be included in the amending zoning by-law to require an evaluation of the wooded area at the southwest corner of the site and to require the submission of various archaeological studies and Ministry acknowledgement letters. Development of the site for the future hospital will be subject to a Site Plan Agreement. At the time of Site Plan application, staff will require the submission of an appropriate evaluation of the successional growth area at the southwest corner of the site and archaeological studies and Ministry acknowledgements. 3. Official Plan The majority of the lands are designated Industrial in the Official Plan. These lands are part of the QEW Employment Corridor and as such are identified as Hospital Employment in the Grand Niagara Secondary Plan. The primary use of the Hospital Employment Campus lands is to be the proposed South Niagara Hospital. Further, the designation allows the opportunity for comprehensive health and wellness service delivery and employment for surrounding communities. The proposed Institutional zoning complies with the Official Plan and Grand Niagara Secondary Plan. The floodplain lands associated with the creek is designated as EPA in the Official Plan and Secondary Plan. These lands will continue to be protected and no development is proposed within or adjacent to the portion of lands designated Page 143 of 623 5 PBD-2018-55 August 14, 2018 EPA. The proposed Environmental Protection Area zoning complies with the Official Plan and Secondary Plan. 4. Zoning By-law The lands are currently zoned Rural-Agriculture (RA) zone, in accordance with Zoning By-law No. 1538. Under the Public Utilities section of By-law 1538, as amended, a hospital board may use any land or use or erect any building or structure for the purpose of a public service. The proposed zoning changes are housekeeping in nature to implement the Official Plan and Secondary Plan designations for the South Niagara Hospital site. Part 1 on Schedule 3 is to be rezoned I –Institutional, with a special provision for height in accordance with the Zoning By-law 79-200 to provide regulations for the future hospital site. The current trend in hospital design is to be multiple stories rather than low rise sprawling buildings. It is anticipated that the new hospital could be 6 to 8 stories in height. In addition, the height of each floor is expected to be approximately 4.5 metres (14.7 feet). Therefore, an increase in the maximum height from 10.0 metres (33.0 feet) to 28 metres (91 feet) is proposed. Part 2 on Schedule 3 is to be rezoned Environmental Protection to protect the creek, associated floodplain and a 30 metre (98.4 ft.) buffer in accordance with Zoning By-law 79-200. 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 regulated wetland. The amending by-law is included in Council’s agenda. 5. Site Plan Control The proposed development will be subject to Site Plan Control to address the site plan layout, servicing, grading, site access, lighting, landscaping and signage. The requested Environmental Impact Study and Archealogical Assessement will be undertaken at the site plan stage. FINANCIAL IMPLICATIONS The proposed development will provide Development Charges and new tax assessment to the City. CITY’S STRATEGIC COMMITMENT This proposal complies with the City’s strategic commitments. LIST OF ATTACHMENTS Schedule 1 – Location Map Schedule 2 – Site Plan Schedule 3 – Reference Plan Page 144 of 623 6 PBD-2018-55 August 14, 2018 Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer A.Dilwaria:mb Attach. S:\PDR\2018\PBD-2018-55, AM-2018-017, Proposed Hospital , 9889 Montrose Road, Zoning By-law Amendment.docx Page 145 of 623 7 PBD-2018-55 August 14, 2018 SCHEDULE 1 Page 146 of 623 8 PBD-2018-55 August 14, 2018 SCHEDULE 2 Page 147 of 623 9 PBD-2018-55 August 14, 2018 SCHEDULE 3 Page 148 of 623 PBD-2018-57 August 14, 2018 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2018-57 AM-2017-010 and 26CD-11-2017-006 Official Plan and Zoning By-law Amendment Application Draft Plan of Vacant Land Condominium South Side of Marineland Parkway opposite Ailanthus Avenue Applicant: Land Ridge Development Inc. (Vince Vocella) Agent: Michael Sullivan, Sullivan Planning RECOMMENDATIONS 1. That the application to amend the Official Plan from Tourist Commercial to Residential and add a policy to permit townhouses in the McLeod Road Intensification Corridor be approved; 2. That the application to amend the Zoning By-law be approved as detailed in this report; 3. That the subject Plan of Vacant Land Condominium be draft approved subject to the conditions in Appendix A; 4. 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; 5. 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 6. That the Mayor and City Clerk be authorized to execute the Condominium Agreements when all matters are addressed to the satisfaction of the City Solicitor. EXECUTIVE SUMMARY Land Ridge Development Inc. has submitted a Plan of Vacant Land Condominium to create 42 parcels for townhouses and a parcel for a proposed 8 storey, 122 unit apartment building on a 1.5 hectare (3.7 acre) property on the south side of Marineland Parkway, opposite Ailanthus Avenue. The applicant has also applied to amend the Official Plan to permit townhouses within the McLeod Road Intensification Corridor, and to amend Zoning By-law No. 79-200 to place the lands under a new site specific Residential Apartment 5C Density (R5C) zone to permit the development as proposed. Planning staff recommends the applications, for the following reasons: The amendment conforms to Provincial policies as the development intensifies the use of land within the built up area of the City, appropriate setbacks are provided from nearby industrial uses and adjacent natural features are not negatively impacted; The proposed development conforms to Regional policies as it will make efficient use of urban services and will provide additional housing choices for residents; Page 149 of 623 2 PBD-2018-57 August 14, 2018 The amendment conforms with the intent of City’s Official Plan in terms of intensifying residential development within the McLeod Road Intensification Corridor and protecting natural features; and The requested site specific R5C zone will add townhouse dwellings as a permitted use and establish appropriate standards for the proposed development. The conditions of draft plan approval, which address servicing, parkland dedication, fencing, utility installation, and all other matters related to the development of the condominium, are listed in Appendix A. BACKGROUND Proposal Land Ridge Development Inc. has submitted a Plan of Vacant Land Condominium for a 1.5 hectare (3.7 acre) parcel of land on the south side of Marineland Parkway, opposite Ailanthus Avenue (see Schedule 1). This condominium plan will permit the creation of vacant land parcels for the future sale of the 42 townhouse dwelling units that are proposed, one parcel for the development of an 8 storey, 122 unit apartment dwelling, and common areas for driveways, parking areas, waste disposal and landscaping. A total of 164 units as proposed. Schedule 2 shows the proposed unit layout. The applicant has also submitted an application to amend the Official Plan and Zoning By-law No. 79-200 (AM-2017-010). The lands are designated Tourist Commercial and are within the McLeod Road Intensification Corridor. Apartment buildings up to 8 storeys in height and up to a density of 150 units per hectare are permitted to be developed in this corridor. The applicant has requested a Special Policy Area designation be applied to the property to permit the development of townhouse dwellings on the land in addition to apartment dwellings. The land is zoned Residential Apartment 5C Density with site specific regulations (R5C- 819) by Zoning By-law No. 79-200 as amended by By-law No. 2008-083, which permits the development of two 6 storey apartment buildings, with a total of 150 units. The applicant has requested the zoning to be changed to a new R5C zone, with site specific regulations adding a townhouse as a permitted use, and for lot area, rear yard de pth, side yard width, lot coverage, building height, and privacy yard depth. Site Conditions Surrounding Land Uses The subject lands are vacant and largely covered by a meadow. There are a number of trees on the property, mainly associated with the woodland on the parcel to the west A vacant, mainly wooded parcel is located to the west. The parcel to the north is also vacant. The City owned Conrail Drain and a vacant parcel zoned for 8 and 4 storey apartment buildings lie to the east. Semi-detached dwellings lie to the south. Circulation Comments Regional Municipality of Niagara (the Region) - The Regional Official Plan promotes higher density development in urban areas and supports growth that contributes to providing a sufficient supply of housing to meet the needs of a variety of households and utilizes existing Page 150 of 623 3 PBD-2018-57 August 14, 2018 services. The proposal provides an additional form of higher density housing in this neighbourhood dominated by low density residential and conforms to the Regional Policy Plan. - The applicant has submitted an environmental impact assessment and addendum which demonstrate the development does not result in negative impacts on the adjacent woodland or wildlife habitat. Recommended mitigation measures and submission of a tree savings plan are implemented through conditions listed in Appendix “A”. - The property is in proximity to industrial uses. The applicant has submitted a noise study which found that sound levels for the proposed development generated from nearby industry fall within acceptable Provincial noise guidelines. Warning clauses are to be included in the future condominium agreement and future purchase agreements. - Recommended conditions are listed in Appendix “A” and address environmental, noise, servicing, access and waste collection matters, the construction of a left turn lane into the development and the required 2.15 metre road widening. Transportation Services - No objections to the rezoning. It is recommended lane widths for the underground parking ramp be provided in the 4.25 to 5.5 metre range and curb radii be confirmed. Conditions are included in Appendix “A”. Municipal Works - No objections to the rezoning. Conditions are included in Appendix “A”. Parks Design - No objections to the rezoning. A landscape plan is to be provided. 5% cash in lieu of parkland dedication, in accordance with an appraisal submitted by the applicant, is required. Conditions are included in Appendix “A”. Fire Services - The property is served by one entrance that exceeds the recommended maximum 150 metre distance for a single entrance. A second access is normally required where the entrance is this long. A single long entrance can be accepted if additional fire safety measures are implemented. A condition to address this is included in Appendix “A”. Due to the length of the single entrance, the Fire Department requires all dwelling units to be sprinklered. Hydro One Networks Inc. (Hydro One) - No objections. Legal Services Enbridge Gas, Bell Canada, and Canada Post - No objections, subject to the conditions included in Appendix A. Page 151 of 623 4 PBD-2018-57 August 14, 2018 Neighbourhood Open House A neighbourhood open house was held on May 7, 2018 and was attended by 7 residents, representatives of the developer and City staff . The residents noted concerns about the impact of traffic from this project on McLeod Road, and asked questions about preservation of the woodlot, rear yard setbacks and fencing. The applicant’s planner noted that the woodlot, which is mainly located on the abutting parcel, has been studied and is to be protected. It was clarified the townhouses would have a setback of 6.5 to 7.5 metres from the rear lot line , and a 1.8 metre high wood fence would be provided along this lot line. The Region has since stated that they have completed an Environmental Assessment for Marineland Parkway and McLeod Road and has developed a plan to improve these roads, including constructing turning lanes. Improvements on this section are tentatively scheduled for 2026. ANALYSIS/RATIONALE 1. Provincial Policy Statement and Growth Plan 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. An appropriate range and mix of housing types are to be provided to meet the requirements of residents. The Province has established a set of guidelines, which include the D-6 guidelines, to ensure appropriate separation distances and/or mitigation measures are established between industrial uses and sensitive land uses including residential. In addition, Provincial policies address the protection of natural features such as significant woodlands or wildlife habitat. The applicant has submitted a planning study and a noise study to confirm compliance of the proposal with the D-6 Guidelines, and an environmental impact study to address impacts on natural features. Provincial policies are addressed as follows: The proposed apartments are a form of resid ential intensification promoted by the Province which will provide additional housing options for residents. For a proposed residential development the D-6 guidelines require study of potential impacts from heavy industry within a 1 kilometre radius, and typically require a minimum 300 metre setback from such uses. Nearby heavy industries include Salit Steel and Washington Mills; these operations are more than 300 metres away from the site. However these industries have 24 hour operations with the potential of emitting significant noise. The applicant has submitted a detailed noise study which has documented noise emittances and the impact on the property, this stud y concludes noise impacts are within acceptable limits. To ensure noise limits are acceptable Staff recommends that this study be updated to reflect minor design changes that have been made to the proposal since the study has been done, and to reflect the current classification of nearby industries. Page 152 of 623 5 PBD-2018-57 August 14, 2018 The applicant’s environmental study and addendum indicate that the development will result in the removal of a small portion of the adjacent woodland that encroaches on the property; however this does not negatively impact on the overall woodland and wildlife habitat. Recommended mitigation measures are included as conditions in Appendix “A”. 2. Official Plan The lands are designated Tourist Commercial and are within the McLeod Road Intensification Corridor. This corridor is to be developed with apartment buildings. Maximum building heights and densities of 8 storeys and 150 units per hectare respectively are permitted at the east end of this corridor (Stanley Avenue). The proposed development complies with the intent of the Official Plan as follows: An amendment to the Official Plan is required as the policies do not include townhouse dwellings. The introduction of a policy to allow townhouses in the southerly part of the site provides an appropriate transition in height and density between the proposed apartment dwelling on the northern part of the property to the semi-detached dwellings to the south; The density of development (112 units per hectare) and maximum 8 s torey building height conform to the densities and heights expected for buildings at the east end of the corridor; The apartment building conforms to design policies for high density residential buildings. Parking is located underground, freeing up the lot frontage with landscaping to engage the streetscape , ample rear yard setbacks are proposed and nearby properties are not adversely impacted by shadowing; and Environmental studies demonstrate that adjacent natural features will not be impacted. The applicant has submitted a draft Official Plan Amendment to permit the townhouse dwelling units; attached as Appendix “B”. The draft amendment proposes the land be redesignated form Tourist Commercial to Residential. As the policies currently envision the development of the land for residential purposes, Staff has no objection to this land use change. 3. Zoning By-law Amendment The lands are currently zoned site specific R5C-819, permitting the development of two – 6 storey apartment buildings. A new site specific R5C zone is proposed for the new development. The changes to the standard R5C regulations are summarized in the following table: ZONE REGULATION EXISTING REGULATION PROPOSED REGULATION Townhouses permitted No Yes Minimum lot area 100 sq. m./unit 88 sq. m./unit Minimum front yard depth 7.5 m plus 15.25 m from the centreline of Marineland Parkway 5.5 metres plus 15.25 m from the centreline of Marineland Parkway Minimum Rear yard depth (townhouses) 10 m 6.4 m Page 153 of 623 6 PBD-2018-57 August 14, 2018 ZONE REGULATION EXISTING REGULATION PROPOSED REGULATION Minimum interior side yard width One-half building height 6.5 m (apartment) 4 m (townhouse) Maximum lot coverage 30% 34% Minimum landscaped open space 40% 39% Maximum height 19 m 30.5 m (apartment) 10 m (townhouse) Minimum privacy yard (townhouses) None (7.5 m required in R4 zone) 6.4 m Tandem parking permitted for townhouses Not permitted Permitted The requested regulations can be supported for the following reasons: The addition of townhouses as a permitted use will facilitate the intended transition from the high density apartment building to the low density residential to the south; The reduction in lot area is a minor adjustment to accommodate the proposed 164 units which is a minor increase in the number of units currently permitted and still be under the maximum density allowed by the Official Plan; Similarly, the increase in lot area and reduction in landscaped open space are minor adjustments that do not affect the overall appearance of the development; The reduction in front yard depth is minor, does not impact on nearby properties and accommodates the dedication of the necessary widening of Marineland Parkway to the Region; Typically a rear yard depth and a privacy yard depth (from the rear wall of the townhouse unit) of 7.5 metres is required for townhouses; the reduc tion to 6.4 metres for both standards is minor and does not adversely impact surrounding properties; The lands to the east (on the east side of the Con rail Drain) are intended to be developed for apartments while the land on the west side is intended to be developed for institutional uses. These uses will not be impacted by t he reduction in side yard width. The requested height increase is to accommodate 2 additional floors beyond current zoning and a roof feature on the apartment building; this building is well removed from nearby low density residential uses that would be impacted by the height increase; and The applicant has requested that required parking be allowed in t andem for the townhouse dwellings (i.e. one space in the driveway and one in the garage). Although the development is only 4 spaces short of providing the necessary parking, Staff do not object to this relief as a similar standard has been granted to other townhouse developments in the City. Page 154 of 623 7 PBD-2018-57 August 14, 2018 4. Condominium Design and Conditions of Approval The plan of condominium will accommodate the intended division of the land into vacant units of land that can be owned separately. The plan will facilitate the sale of the townhouse dwelling units to be built on them and will create a separate unit for the development of the apartment building. The plan includes a private common road off of Marineland Parkway, visitor parking and amenity areas. The developer will be required to enter into a condominium agreement with the City. The agreement will address any necessary works and warning clauses. As noted by Fire Services, the length of the access road exceeds the recommended length (150 metres) for a single entrance. As the design does not allow for a second entrance, Fire Services indicates that they accept a proposal to equip dwellings with sprinkler systems. The applicant has indicated they are amenable to this approach. A condition has been added to this effect. The underground parking garage for the apartment building projects under a portion of the common driveway. It is necessary for this parking garage to be part of the apartment building unit to allow for its proper registration. The applicant’s lawyer proposes an easement be created for the driveway to allow for access and maintenance as part of the condominium. A condition has been added to this effect. Due to the proximity of the site to a major road (Marineland Parkway) and heavy industry, a noise study was submitted with the application. The study found that the noise generated from nearby industry and roads and rail was within acceptable limits and recommended clauses warning of potential noise impacts for future purchasers. As the configuration of the apartment building has changed since the noise study was conducted (from an L-shaped building to a rectangular building) Planning Staff recommend the noise study be updated to ensure noise impacts are still within acceptable limits. 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. Appendix A includes the recommended conditions of approval including the review of drainage and storm servicing, waste disposal, road improvements to Marineland Parkway, parkland dedication and dedication and installation of the necessary facilities and services for Canada Post and Enbridge. 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 does not impact on any of the City’s strategic commitments. Page 155 of 623 8 PBD-2018-57 August 14, 2018 LIST OF ATTACHMENTS Schedule 1 – Location Map Schedule 2 – Subdivision Plan Appendix A – Conditions for Draft Plan Approval Appendix B – Draft Official Plan Amendment Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer A.Bryce:mb Attach. S:\PDR\2015\PBD-2015-15, AM-2015-001 & 26T-11-2015-001, Warren Woods Phase 3 Stage 3.docx Page 156 of 623 9 PBD-2018-57 August 14, 2018 SCHEDULE 1 Page 157 of 623 10 PBD-2018-57 August 14, 2018 SCHEDULE 2 Page 158 of 623 11 PBD-2018-57 August 14, 2018 APPENDIX A Conditions for Draft Plan Approval 1. Approval applies to the Draft Plan of Vacant Land Condominium prepared by Mathews, Cameron, Heywood – Kerry T. Howe Surveying Limited, dated July 12, 2018, showing 42 units of vacant land for townhouses, 1 unit for an apartment building as well as common private roads, 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 five copies of the pre-registration plan to Planning, Building & Development and a letter stating how all the conditions imposed have been or are to be fulfilled. 4. The developer receive final approval of the related Official Plan and Zoning By-law amendment to provide land use policies and regulations to guide the development of the subdivision. 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/buffering, plantings, sidewalks and any access to amenity areas. A 1.8 m high wood screening fence is to be provided along the south lot line. 8. The developer pay cash-in-lieu of parkland dedication to the City in the amount equal to 5% of the appraised value of the lands as determined by a qualified appraiser, to the satisfaction of the City. 9. The roadways, services, lot grading and construction shall all be designed and constructed in accordance with City standards. 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). Page 159 of 623 12 PBD-2018-57 August 14, 2018 10. The developer submit a servicing report to demonstrate available municipal infrastructure is sufficient to service the proposed development. Where existing watermain flow and/or pressures are unknown, testing shall be conducted in coordination with the City of Niagara Falls Environmental Services Division and at the Developer’s expense. 11. 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. 12. The developer provide the City with the proposed site servicing, grading and photometric scheme for the subject property to Municipal Works for review and approval prior to construction. 13. The developer pay the applicable development charges in place at the execution of the Vacant Land Condominium Agreement and at Building Permit issuance in accordance with By-law No. 2014-87, as amended. 14. The developer pay the City the applicable required fees for administration. 15. The developer 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. 16. The developer provide the appropriate servicing drawings demonstrating that all dwelling units shall be sprinklered. A clause shall be placed in the condominium agreement requiring sprinklered dwellings as a condition of Building Permit issuance. 17. The developer demonstrate to Fire Services’ satisfaction that adequate water supply for firefighting purposes is available and accessible with sufficient volume and flow to facilitate firefighting operations prior to obtaining Building Permits. 18. 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 all private roads. 19. 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. Mature landscaping shall not obstruct the fire access. Page 160 of 623 13 PBD-2018-57 August 14, 2018 20. The developer provide electrical vehicle charging systems as per 9.34.4 of the Ontario Building Code to the satisfaction of Building Services. It is recommended that the applicant confirm proposed electrical servicing can support these systems. 21. The developer provide lane dimensions and curb radii of the ramps to the underground parking levels to the satisfaction of Transportation Services. 22. The developer satisfy 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. 23. That a Centralized Mail Box (CMB) be placed in a location determined by Canada Post at the developer’s cost, and that the developer identify this site on the appropriate maps, information boards and plans. A map showing CMBs is to be prominently displayed in the sales office. 24. The developer include in all offers of purchase and sale, a statement that advises prospective purchasers that the mail delivery will be from a designated 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 sales. 25. The developer satisfy all requirements of Canada Post regarding temporary and permanent CMB locations and associated works including concrete pads, engineering servicing drawings, installation, notification of the start of construction and providing mail service information to property owners. 26. Canada Post’s multi-unit policy, which requires that the owner/developer provide the centralized mail facility (front loading lockbox assembly or rear-loading mailroom [mandatory for 100 units or more]), at their own expense, will be in effect for buildings and complexes with a common lobby, common indoor or sheltered space. 27. The condominium agreement include a clause requiring the owner to implement the recommendations of the Environmental Noise Compatibility Study, prepared by Novus Environmental (dated January 10, 2017), to the satisfaction of Niagara Region. 28. The condominium agreement include the following noise warning clause: “The developer agrees to include the following warning clauses in all agreements of purchase and sale and/or lease and/or disclosure statements and declarations for the development: Page 161 of 623 14 PBD-2018-57 August 14, 2018 Purchasers/tenants are advised that sound levels due to increasing road and rail traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of Environment, Conservation and Parks. This dwelling unit has been designed with the provis ion for adding central air conditioning at the occupants’ discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Municipality and the Ministry of Environment, Conservation and Parks. Purchasers/tenants are advised that due to the proximity of the adjacent industrial sources, noise from the on-site operations may at times be audible.” 29. The condominium agreement contain a clause requiring the owner to implement the mitigation measures outlined in Section 10 of the EIS Addendum, prepared by Earthquest (Canada) for the Environment (dated June 2018). 30. Prior to registration of the final plan and/or any vegetation removal (to be completed outside the breeding bird and summer active bat periods of March 15 th to September 30th), the developer submit a Tree Saving Plan to the Niagara Region for review and approval. 31. The developer dedicates a 2.15 metre road widening to the Regional Municipality of Niagara along the frontage of Regional Road 49 (Marineland Parkway), free and clear of any mortgages, liens or other encumbrances, to Niagara Region. 32. That the developer submit engineering drawings for the construction of Marineland Parkway (Regional Road 49), including the recommendations given in the Transportation Impact Study, prepared by Paradigm Transportation Solutions Ltd. (dated May 2017) and the completed Environmental Assessment for this respective road section, to Niagara Region for review and approval. 33. The developer enter into a legal agreement with Niagara Region for required road improvements, as outlined in the Transportation Impact Study, prepared by Paradigm Transportation Solutions Ltd. (dated May 2017). 34. Prior to any construction taking place within the Regional Road allowance, the developer shall obtain a Construction Encroachment Permit. If permits are not obtained prior to the clearance of conditions, a clause shall be included in the condominium agreement. 35. Prior to any new or altered site entrances onto Regional Road 49 (Marineland Parkway) being created, the developer shall obtain a Regional Entrance Permit. If permits are not obtained prior to clearance of conditions, a clause shall be included Page 162 of 623 15 PBD-2018-57 August 14, 2018 in the condominium agreement. The following additional clause shall also be included in the condominium agreement: “That the owner shall not be permitted additional access to th e subject property from Regional Road 49 (Marineland Parkway), except as shown on the site plan, prepared by SRN Architects Inc. (dated February 1, 2018) or subsequent approved versions by the Region.” 36. The developer provide a written acknowledgement to Niagara Region stating that draft approval of this condominium does not include a commitment of servicing allocation by Niagara Region, as servicing allocation will not be assigned until the plan is registered, and any pre-servicing will be at the sole risk and responsibility of the owner. 37. The developer provide the Niagara Region with a written undertaking agreeing 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. 38. Verification of the 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 of Niagara Falls. 39. The ‘28303 Marineland Parkway, Niagara Falls – Stormwater Management Design Brief, New Development Drainage System’ (revised May 8, 2017) and the associated engineering drawings (revised May 8, 2017) all by Hallex Engineering, be revised to: a. provide additional catchbasins on the main drive entrance in order to minimize the amount of stormwater runoff discharging onto the Marineland Parkway (Regional Road 49); b. direct, by way of grading, all major storm flows onto the Marineland Parkway or directly into the Conrail Drain (adjacent to the site); or c. implement some mechanism (i.e. drainage easement) to allow for the perpetual, unimpeded discharge of stormwater across the adjacent property. 40. That 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 S tormwater Quality Page 163 of 623 16 PBD-2018-57 August 14, 2018 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 grades and the means whereby overland flows will be accommodated across the site; and b. detailed construction erosion control plans. 41. The developer submits detailed design plans of the proposed stormwater outfall to the adjacent Conrail Drain channel to Niagara Region for review and approval. . 42. The developer obtains written approval from the City of Niagara Falls for Regional Enhanced Waste Collection Services to collect on-site and provide the written approval to Niagara Region. 43. The developer submit waste collection truck turning templates to show the movement of the garbage truck into the proposed waste enclosure and reverse back out to the internal roadway, to Niagara Region for review and approval relative to the proposed garbage pad location. 44. The developer submit a letter to Niagara Region confirming garbage, recycling and organics are all intended to be collected by Niagara Region, and specifying the method of storage for each. 45. In order to accommodate Regional Waste Collection service, waste collection pads are required to be provided by the applicant for Units 29 and 40 -42 inclusive. The waste collection pads shall be design/constructed in accordance to the details outlined in Niagara Region’s Corporate Policy for Waste Collection. 46. The developer ensures that all streets and development blocks can provide access in accordance with the Niagara Region’s Corporate Policy for Waste Collection and by-laws relating to the curbside collection of waste. 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 Niagara Region. 2. Prior to final approval for registration, a copy of the draft condominium agreement for the proposed development should be submitted to Niagara Region for verification that the appropriate clauses pertaining to any of these conditions have been included. A copy of the executed agreement shall also be provided prior to registration. Page 164 of 623 17 PBD-2018-57 August 14, 2018 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 developer as one complete package, or circulated to the Niagara Region by the City of Niagara Falls. 47. The developer provide the appropriate easement for the common elements located on unit 43 (driveway, parking spaces and waste disposal pad) to provide full access for all condominium unit owners, to the satisfaction of the City. 48. The developer update the Environmental Noise Compatibility Study, Marineland Parkway Development, Novus Environmental, January 10, 2017, based on the current layout of the site as shown on Schedule 2. The study is to provide the appropriate analysis based on the current classi fication of the industries under D-6 guidelines, and any mitigation measures that are required to be implemented in the condominium agreement. 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), 47 and 48 - Legal Services for Conditions 5 and 6 - Parks Design for Condition 7 and 8 - Municipal Works Department for Conditions 9 to 15 (inclusive) - Fire Services for Conditions 16 to 19 (inclusive) Building Services for Condition 20 - Transportation Services for Condition 21 - Enbridge Gas for Condition 22 - Canada Post for Conditions 23 to 26 (inclusive) - Regional Niagara Development Services for Conditions 27 to 46 (inclusive) Page 165 of 623 18 PBD-2018-57 August 14, 2018 APPENDIX B Draft Official Plan Amendment Page 166 of 623 WASHINGTONMILLS -L868-20:8 RECEIVED AUGmg2013 NING Alex Herlovitch Director of Planning,Building &Development 4310 Queen Street,Niagara Falls,Ontario L2E 6X5 Resgonse to Notice of Agglication —South Side of Marineland Parkway,West of Alex Avenue (Assessment Roll Nos.:2725-080-003-14805),Draft Plan of Vacant Land Condominium (City File: 26CD-11-2017-006)and Official Plan and Zoning By-Law Amendment Application (City File:AM-201?- 010)~ Dear Mr.Herlovitch, This letter is in response to the Notice of Application referenced above submitted by Land Ridge Development Inc.(the Applicant). Washington Mills Electro Minerals (WM)is currently operating a heavy industrial (defined by MOECC’s Compatibility between Industrial Facilities document as Class III)facility located at 7780 Stanley Avenue in Niagara Falls,Ontario (the Facility),under Environmental Compliance Approval (Air &Noise) Number 2240-A3WMAC.The Facility has been in existence and operating at this site for over 100 years and is located approximately 500 meters southeast of the Applicant's subject land (see Figure 1). The main manufacturing process consists of breaking,crushing and grinding,briquetting,pelletizing and packaging.The Facility’s operations are continuous,twenty—four(24)hours per day,and up to seven (7)days per week. significant capital reducing ‘any.-my rlunuru yyuvna.1........v ....v ....-..._.-.a.....-......-.._..._-..._...--.-.-..--.. environmental footprint,especially related to air emissions and noise.Previous approvals of development applications and the introduction of new sensitive land uses in close proximity to our Facility have placed tremendous amounts of pressure on our business and capital expenditures in an effort to allow for intensification of the adjacent land uses and to remain a good neighbor. We know that the introduction of a condominium,and a townhouse development,in such close proximity to our Facility will place even more pressure on our business,which has been in operation, an,-I Clllu G IUUGI Glllpluycl,IUI UVUI IUU yccuo cu.u IU ocunw Iuuauvll,VVILII vvu-JIIIII3u.uI Ivnuo uo nu.»uvvuun uu nu operator of the Facility for 38 years.We recently completed a three (3)year noise abatement program to significantly reduce our noise impacts at the previously approved development and residential area south of the subject lands.This involved another significant monetary investment on our part. The condominium development will introduce an elevated sensitive receptor location with direct line-of- sight to heavy industrial processes and potential noise impacts.Based on experiences with new home owners south of the subject lands,people who are not necessarily used to living in close proximity to ,..L.-L.2—-.-__.__..-_-.--_..-..._.._...I.I-..I..::....:.....|............ |nCUSIr|a|lana USGS,HOT were "1308 aware OI OUT BXISWHIGB,may SUUUGll|y IIIIU lll6lll$BlVB$Ulllldppy that there is a |arge—sca|e industrial facility operating 24 hours per day,7 days per week a few hundred meters from their new home.This will undoubtedly result in complaints to the Facility,the Ministry of the Environment,Conservation and Parks,and the City of Niagara Falls. Page 167 of 623 'WASHINGTONMILLS L868—2018 Please also be aware that in a previous noise study,which was prepared for rezoning another parcel of land to the south,the Facility was incorrectly classified as '‘light industrial”.This same study mentioned that the Facility was in the process of shutting down its operations permanently.Washington Mills has _:_:_u_-._..__..l\kl'\Il|lJ nine;-ifinrl link} HO If][He Heal IUUJIU HUI §IIUU|U ll UU LIIGODIIIUU (10 G Ilulll Illuuaulul facility (see Figure 1 for official zoning designation). For the reasons given above,we would like to formally express our opposition to the aforementioned Application. Should you require any further clarifications of our concerns expressed in this letter,please do not hesitate to contact the undersigned. Sincer \Z'\_.. Dominic Vescio Environmental Health &Safety Coordinator Washington Mills Page 168 of 623 PBD-2018-52 August 14, 2018 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2018-52 AM-2017-014, Zoning By-law Amendment Application Swayze Drive West of CN Railway Proposal: Two, 4-Storey Apartment Buildings Applicant: Niagara Olympia Homes (George Bahdi) RECOMMENDATIONS That Council approve the Zoning By-law amendment application to: 1. Rezone a portion of the lands on the north side of Swayze Drive from a site specific Open Space (OS-945) to site specific Residential Apartment 5B Density (R5B) zone to permit two, 4-storey apartment buildings with a total of 61 dwelling units; and 2. Rezone the portion of the land on the south side of Swayze Drive, west of the CN Railway, Open Space (OS-945), to remove permission for off -site parking for uses on the north side of Swayze Drive. EXECUTIVE SUMMARY Niagara Olympia Homes (George Bahdi) has requested a Zoning By-law amendment for a portion of a 1.3 hectare (3.2 acre) parcel of land on the north side of Swayze Drive, west of CN Railway, and a portion of Ker Park on the south side Swayze Drive. The parcel on the north side is Swayze Drive is zoned to permit a recreational facility and to protect a wooded area on the north part of the site, while a portion of Ker Park is zoned to provide off-site parking for this recreational facility. The applicant requests the portion the property on the north side of Swayze Drive zoned for the recreational facility to be rezoned to a site specific Residential Apartment 5B Density (R5B) zone to permit two, 4- storey apartment buildings. The off-site parking zoning provision is to be removed from a portion of Ker Park. The amendment is recommended for the following reasons: The amendment is consistent with the Provincial Policy Statement and conforms with the Provincial Growth Plan and Regional Policy Plan with respect to developing housing within the City’s Built Up area; The amendment conforms with the City’s Official Plan in terms of residential development along collector roads, protection of the environment and permitted uses in an Open Space designation; With the introduction of a 30 metre building setback from the CN Railway right of way, the requested site specific R5B zone will establish appropriate standards for the proposed apartment dwellings; and The removal of off-site parking permission from City owned lands on the south side of Swayze Drive will allow these lands to function solely for the purpose of providing parking for Ker Park. Page 169 of 623 2 PBD-2018-52 August 14, 2018 BACKGROUND Proposal Niagara Olympia Homes (George Bahdi) has requested a Zoning By-law amendment for a portion of a 1.3 hectare (3.2 acre) parcel of land located on the north side of Swayze Drive, west of CN Railway, and a portion of Ker Park on the south side Swayze Drive. The affected parts are shown respectively as Parcels 1 and 2 on the attached Schedule 1. The zoning amendment is requested to permit the development of two , 4-storey apartment buildings with a total of 61 units, on a portion of Parcel 1, and to remove permission for off-site parking. Schedule 1 shows details of the proposed development on Parcel 1. The southerly part of Parcel 1 is zoned a site specific Open Space zone (OS -945). The northerly part is occupied by a woodlot and is zoned Environmental Protection Area (EPA-947) to protect this feature. The applicant is requesting the portion zoned OS-945 to be rezoned Residential Apartment 5B Density (R5B), with site specific regulations for side yard width, building height (to permit 4 storey buildings with peaked roofs), parking, balcony encroachments and to permit two apartment buildings. No changes to the EPA-947 zoning of the northerly portion of Parcel 1 are proposed. Parcel 2 is part of a City owned park (Ker Park) and is zoned Open Space (OS -946) which permits required parking for uses located on Parcel 1 to locate on this parcel. The applicant is requesting this site specific permission for off -site parking to be removed, and this Parcel is to be zoned Open Space (OS). Site Conditions and Surrounding Land Uses The southerly part of Parcel 1 is undeveloped and devoid of any significant vegetation. The northerly part of Parcel 1 is a wooded area within a gully that contains an underground combined sewer. Parcel 2 is a parking lot associated with Ker Park. Although Parcel 2 is zoned to permit parking for uses located on Parcel 1, a licence agreement to permit this arrangement has not been executed. A hydro corridor is located to the west of Parcel 1, with single detached and townhouse dwellings on the west side of the hydro corridor. The CN railway is located to the east of Parcels 1 and 2, with industrial uses, a storage yard associated with the Municipal Service Centre and vacant industrial lands located further to the east. Ker Park is located to the south. 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 - The Regional Official Plan promotes higher density development in urban areas and supports growth that contributes to providing a sufficient supply of housing to meet the needs of a variety of households and utilizes existing services. The proposal provides an alternative form of higher density housing in a neighbourhood comprised primarily of low density dwellings. The proposal conforms to the Regional Policy Plan. Page 170 of 623 3 PBD-2018-52 August 14, 2018 - The northern part of Parcel 1 is occupied by a significant woodland. The applicant has provided an Environmental Impact Study and addendum, which demonstrates the development will not result in significant negative impacts on the woodland or wildlife habitat. Recommended mitigation measures are to be implemented at the site plan stage. - The property is in proximity to existing and potential industrial uses and the Regional Treatment Plant. The applicant has submitted a land use compatibility study, which reports compliance with Provincial guidelines. - The applicant has also submitted a noise study, which demonstrates that, with implementation of mitigation measures to address noise from the adjacent railway, noise levels will be acceptable for the future residential use. CN Railway The site abuts a principal main line and is to comply with the applicable criteria. These criteria include a minimum setback of 30 metres from the railway ROW, a noise berm/wall with a minimum height of 5.5 metres, a development agreement and an environmental easement to be entered into with CN railway, and submission of a stormwater report and a revised noise report at the site plan stage. Niagara Peninsula Conservation Authority (NPCA) No objections to the rezoning. An NPCA work permit will be required if any site alteration is proposed within 15 metres of the top of bank of the gully within the woodland. Municipal Works No objections to the rezoning. At the site plan stage a functional servicing study will be required to address the connection to the combined sewer on site, extension of the watermain to service the building, and stormwater management. Transportation Services No objections to the rezoning or request site specific standards. The construction of a sidewalk in front of the proposed apartme nts is recommended. Fire Services, Building Services, Legal Services No objections. Fire access and safety will be reviewed at the site plan stage. Development Charges will be determined at the Building Permit stage. Neighbourhood Open House A neighbourhood open house was held on March 1, 2018 and was attended by 6 residents. The residents expressed concerns about parking impacts on Swayze Drive, the potential for traffic infiltration into neighbourhoods to the west and potential odours from the Regional Treatment Plant. The neighbours also inquired about proposed fencing and servicing for the apartments. Page 171 of 623 4 PBD-2018-52 August 14, 2018 The applicant noted that he expected at le ast some of the traffic would access the site from Stanley Avenue via Thorold Stone Road. In addition the applicant indicated he was proposing wood fencing along the hydro corridor to screen the development from nearby residents and the site was proposed to be serviced from the combined sewer that crosses the property. Staff note that parking restrictions, if supported by area residents, can be implemented along Swayze Drive, where appropriate, to ensure safe movement of traffic along this street. ANALYSIS 1. Provincial Policies The Planning Act requires City planning decisions to comply with Provincial policies. The Provincial Growth Plan requires that a minimum of 40% of all residential development occurring annually is to occur in Built-up Areas. The subject lands are located within the City’s Built-up Area as shown on Schedule A- 2 to the Official Plan. Also, an appropriate range and mix of housing types are to be provided to meet the requirements of residents. The proposed apartments are a form of residential intensification promoted by the Province. The proposal will provide an additional rental housing option for residents, which is needed as the City is currently experiencing a shortage of rental housing. In addition, the Province has established a set of guidelines, which include the D- 2 and D-6 guidelines, to ensure appropriate separation distances and/or mitigation measures are established between sensitive uses (residential) and industrial uses and treatment plants. The applicant has submitted a study by Ortech Consulting to confirm compliance of the proposal with the D-2 and D-6 Guidelines. Existing industrial operations and the Regional treatment plant are separated a greater distance from the proposed residential buildings (65 to 300 metres or greater) than the minimum distances required for the type of industry or facility under these guidelines; and Ortech’s report notes that any new uses on vacant industrial lands are not expected to be more intense than a Class I use under the D-6 Guidelines (minimum 20 metre setback from a sensitive use). The setbacks provided from vacant industrial lands to the nearest apartment building are about 65 metres. 2. Official Plan The portion of Parcel 1 where the apartments are proposed is designated Residential while the northerly portion which is wooded is designated Environmental Conservation Area. Residential lands that front onto collector roads such as Swayze Drive can be developed for apartments up to a height of 4 storeys and a density of 75 units per hectare. Lands designated Environmental Conservation Area include significant woodlands and are intended to be maintained in a natural state. The proposed use of Parcel 1 conforms to the intent of the Official Plan as follows: The proposed development has building heights of 4 storeys and a density of 74 units per hectare, within the height and density range permitted for the Residential portion of the property; The Official Plan states that building heights should not be mixed indiscriminately. The site is located at the periphery of the neighbourhood Page 172 of 623 5 PBD-2018-52 August 14, 2018 where additional height could be anticipated. The Hydro corridor provides a separation from the existing neighbourhood, lessening any potential impacts of the proposed 4-storey buildings; and The wooded area is intended to be retained and kept in a natural state. The applicant has submitted an Environmental Impact Study which demonstrates this woodlot will not be negatively impacted by the development. Parcel 2 serves as parking for Ker Park and designated Open Space. Open Space lands are intended to be used for major public park s, recreational and cemetery purposes. Removing the provisions to allow required parking for recreational uses on Parcel 1 to occur on Parcel 2 will return the land for its intended purpose. This is a housekeeping matter. 3. Zoning By-law The southerly part of Parcel 1 is zoned Open Space (OS-945) in accordance with Zoning By-law No. 79-200 as amended by By-law No. 2011-143. This area was approved to be developed for a recreational facility (indoor soccer) in 2011. The applicant has requested this portion to be changed to the Residential Apartment 5B Density (R5B) zone to permit the zoning of two apartment buildings. The northerly part of Parcel 1 is zoned Environmental Protection Area (EPA -947), to protect the woodlot. No changes to this zone are requested. The departures requested from the standard R5B regulations are summarized in the following table: R5B ZONE STANDARD REGULATION PROPOSED REGULATION Minimum side yard width east side yard One half building height (8.5 metres) 6 metres Maximum building height 10 metres 17 metres Minimum number of parking spaces 1.4 1.32 Maximum projection of balconies into a required yard 0.45 metres 0.8 metres Maximum number of apartment buildings on a lot 1 2 The departures from the standard regulations can be supported for the following reasons: The west lot line abuts an electrical transmission corridor. The corridor is 34 metres (111.5 ft.) wide which provides a sizable buffer between the project and nearby dwellings. Therefore, the reduction in side yard width is not expected to impact these dwellings; The requested height increase is to accommodate the fourth floor and the peaked roof. These buildings are well removed from nearby detached and townhouse dwellings therefore, the height increase should be compatible. A peaked roof should be required as part of the height provision as it will result in a more traditional form of residential architecture found in the neighbourhood; Page 173 of 623 6 PBD-2018-52 August 14, 2018 The reduced parking standard means a shortfall of 4 parking spaces. This reduction is minor given the scale of the project and is supported by staff; The increase in the balcony projection into a required yard is also minor and does not impact surrounding properties; and The number of buildings is typically limited in zones permitting apartments to provide appropriate separation between buildings. As the lot is significantly larger than the minimum lot size expected under this zone, adequate spacing can be provided between the 2 buildings . Therefore, there is no concern about increasing the number of permitted buildings to 2. In addition to the requested building setbacks, Planning staff recommend a minimum easterly side yard setback of 30 metres be required to provide the necessary setback from the CN Railway ROW. Parcel 2 is zoned Open Space (OS-947) and is occupied by a parking area for Ker Park. The OS-947 zone permits required parking for uses on Parcel 1 to locate here. The requested zone change to R5B for Parcel 1 will no longer permit a recreational facility. As a housekeeping measure, the site specific zoning provisions for Parcel 2 are requested to be removed. FINANCIAL IMPLICATIONS The proposed development will provide Development Charges and new tax assessment to the City. CITY’S STRATEGIC COMMITMENT This proposal contributes to the range of housing and supports a complete community. LIST OF ATTACHMENTS Schedule 1 – Location Map Schedule 2 – Site Plan Schedule 3 – Elevations Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer A.Bryce:mb Attach. S:\PDR\2018\PBD-2018-52, AM-2017-014, Swayze Drive West of CN Railway, Zoning By-law Amendment.docx Page 174 of 623 7 PBD-2018-52 August 14, 2018 SCHEDULE 1 Page 175 of 623 8 PBD-2018-52 August 14, 2018 SCHEDULE 2 Page 176 of 623 9 PBD-2018-52 August 14, 2018 SCHEDULE 3 Page 177 of 623 To;The Director of Planning,Building &Development. City File AM-2017-014 We do not believe that the people should be allowed to build _ __.:n nl‘0l‘I€I'tV. anytlllng Ulat Wlll llUl Ill.Un lllvln \.v ...-1,--1., As home owners we all have to stay with in our own con?nements of our own property.We are not allowed to fill our lots right full and expand over onto City Owned property.They should have to provide adequate parking for their project.These days most families have at least 2 or 3 cars per family.This does not even account for visitor parking.If they want to build then they should have to provide a parking garage on their own site or BUILD TO SUIT THE LOT SIZE. 4::'<****>%**9:**=E4:******9:#:*='<****9r*§:******$:**:-E2%- J:**>':***>’:~k****:':** P.S.How about paving the 2”‘faze of Sinnieks Street.Lets get that done first before they ild anything else. Dave Brown 7 1/\ Jim Powell .—/(7/7!1:7//8 Page 178 of 623 1 .4:-‘>'Iim.m cv W,‘ ‘M‘!!‘(.....y-....A c i E 1 Page 179 of 623 8/21/2011 22:00 FAX To:The Director Of Planning,Building and Development Jim Powell 6005 Harold Street Niagara Falls,Ontario L2J 1M4 001/002 Manvung ; neceavéb FEB2 32018 PLANNING &DEVELOPMENT I would like to comment on the proposed two -4 story apartmentbuildingsthattheywanttobuildoveronSwayzeStreet. I do not agree to giving anything away from Kerr Park to the buildings to use.The parking is used for people that come to the park to use the park as it was designed to be used.If they do not have enough parking on their own property then they should not be building that many units.They should have to provide enough parking for their own tenants plus some extra spaces for visitors that will be coming to the buildings.We all know that most families now have at least 2 cars or more depending on the age of the childrenliving at home. We used to own a rental house on Sinnicks street and look at the .problem that we had with the parking uses that the DOME created.Thereisstillahugeparkingproblemthere.People still park in no parkingTzones.They park up on the grass,they block driveways.There are a lot of cars parked right in front of the no parking signs.There is a good example of not enough space for that type of a building.Building two - four story buildingswithoutenough parking on their own property isabsolutelyridiculousinmyopinion. Jim Powell on J ,2/:43 Page 180 of 623 PBD-2018-50 August 14, 2018 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2018-50 AM-2018-013, Zoning By-law Amendment Application 8004 Lundy’s Lane Proposal: Convert Motel into a 52 Unit Apartment Building Applicant: 2351188 Ontario Inc. (Bernie Peters) Agent: Frank Ierfino RECOMMENDATION 1) That Council approve the Zoning By-law amendment application to place a site specific Residential Apartment 5C Density (R5C) zone on the land, thereby permitting the existing motel to be converted into a 52 unit apartment building; and 2) That Council’s approval be conditional on the regulations outlined in this report including a holding (H) regulation requiring the completion of an environmental site assessment(s) and the filing of Record of Site Condition with the Ministry of the Environment and Climate Change prior to the proposed conversion. EXECUTIVE SUMMARY 2351188 Ontario Inc. (Bernie Peters) has requested a Zoning By-law amendment for a 0.53 hectare (1.3 acre) parcel of land, known as 8004 Lundy’s Lane. The property has been operating as a rooming and boarding house. The applicant requests the property be rezoned to a site specific Residential Apartment 5C Density (R5C) zone to convert the former motel into an apartment building. A minor reduction in parking and an increase in the requested landscaped open space requirements are recommended to allow an amenity area to be retained for use by the residents. Provided these changes are made the amendment is recommended for the following reasons: The proposed development conforms to Provincial and Regional policies for land use intensification within the Built-up Area of the City and will provide additional housing choices for residents; The proposed development conforms with the Official Plan in terms of building height and density within the Lundy’s Lane Intensification Corridor; The requested site specific R5C zone permits an apartment building, will recognize the existing buildings, increases landscaping along Lundy’s Lane; The zone change will allow the buildings to be used for dwelling units and will remove the offending boarding house use; and A Holding (H) regulation will be utilized to secure the completion of the necessary environmental assessments. Page 181 of 623 2 PBD-2018-50 August 14, 2018 BACKGROUND Proposal 2351188 Ontario Inc. (Bernie Peters) has requested a Zoning By-law amendment for a 0.53 hectare (1.3 acre) parcel of land known as 8004 Lundy’s Lane. Refer to Schedule 1 to locate the land. The zoning amendment is requested to permit the former 90 unit Carriage House Motor Lodge to be converted into a 52 unit apartment building. Schedule 2 shows details of the proposed development. The land is zoned Tourist Commercial (TC) in accordance with Zoning By-law No. 79-200. The applicant is requesting the land be rezoned to Residential Apartment 5C Density (R5C), with site specific regulations for lot frontage, front and rear yard depth, side yard width, lot coverage, landscaped open space, number of buildings on a lot and building height, to recognize the existing buildings and permit the conversion as proposed. Site Conditions and Surrounding Land Uses The property is occupied by two buildings that was formerly the Carriage House Motor Inn. The buildings have been to be utilized as a rooming or boarding house which is not permitted under current zoning. The property is bounded by commercial uses and a plaza to the east and west, single detached dwellings to the north and Westlane Secondary School to the south. 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 The Regional Official Plan promotes higher density development in urban areas and supports growth that contributes to providing a supply of affordable housing and utilizes existing services. The proposal conforms to the Regional Policy Plan. Recommendations of the noise study, submitted to address noise from Lundy’s Lane, should be implemented at the site plan stage. A Phase 1 Environmental Site Assessment (ESA) has been submitted, which indicates a Phase 2 ESA is to be completed. It is recommended that a holding (H) regulation be implemented until the Phase 2 ESA is completed and a Record of Site Condition is filed with the Ministry of the Environment and Climate Change. Municipal Works, Transportation Services, Legal Services No objections to the rezoning. Further review of transportation and servicing matters will be conducted at the site plan stage. Page 182 of 623 3 PBD-2018-50 August 14, 2018 Fire Services, Building Services No objections to the rezoning. Fire access and safety will be reviewed at the site plan stage. The necessary Building Permits for change of use from the motel to an apartment building as well as a demolition permit to remove the swimming pool will be required prior to construction. Development Charges will be determined at the Building Permit stage. Neighbourhood Open House A neighbourhood open house was held on June 25, 2018. No neighbours attended to hear about the proposal or to provide comments. 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 the Built-up Area. In addition, an appropriate range and mix of housing types are to be provided to meet the requirements of residents. The subject land is located in the Built-up Area as shown on Schedule A-2 to the Official Plan. The conversion of the motel into an 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 affordable housing option in the area for residents. 2. Official Plan The subject land is designated Tourist Commercial in the Official Plan and is within the Lundy’s Lane Intensification Corridor. Apartment Buildings, up to 6 storeys in height and a density of between 50 and 100 units per hectare, are permitted within this corridor. The proposal is within the intent of the Official Plan as follows: The buildings are 2 storeys in height. The intent is to combine 2 motel units into one apartment unit. T he conversion equates to a density of 100 units per hectare. The proposal is within the height and density range permitted for the area; Parking areas along Lundy’s Lane are proposed to be replaced with landscaping to better reflect the intent of design policies contained in the recently adopted Lundy’s Lane Urban Design Guidelines; and The Official Plan seeks to maintain a rental vacancy rate of 3%; however recent Canada Mortgage and Housing Corporation statistics show the City’s vacancy rate has dropped to 2.2%, with 0% for bachelor and one- bedroom units. The provision of additional rental housing will assist in addressing the shortfall in rental units. 3. Boarding House Study The City is currently undertaking a study of the boarding house issue. The City’s consultant, MHBC Planning, will be reporting to Council in November. One of the Page 183 of 623 4 PBD-2018-50 August 14, 2018 possible alternatives is to allow all or part of a motel to convert to housing. The proposed conversion is consistent with this alternative. In addition, the conversion of the motel units to dwelling units will bring these units to a standard that meets the Ontario Building Code and the Fire Code, thereby improving the living conditions of tenants. 4. Zoning By-law The property is currently zoned Tourist Commercial in accordance with Zoning By-law No. 79-200. The TC zone limits residential uses to 50% of the total floor area and requires these units to be located above the ground floor. The requested Residential Apartment 5C Density (R5C) zone would permit the proposed apartment building. The departures requested from the standard R5C regulations are summarized in the following table: R5C ZONE STANDARD REGULATION PROPOSED REGULATION Minimum lot frontage 30 metres 69 metres (existing) Minimum front yard depth 7.5 metres 3.5 m (building) (existing) 0.4 m (porte cochere) Minimum rear yard depth 10 metres 1.2 metres (existing) Minimum side yard width One half building height (4.7 m) 0.3 metres (existing) Maximum lot coverage 30% of lot area 42% of lot area (existing) Minimum landscaped open space 40% of lot area 15% of lot area Maximum building height 19 metres subject to section 4.7 of By-law No. 79-200 10 metres subject to section 4.7 of By-law No. 79-200 Maximum number of apartment buildings on a lot 1 2 (existing) Except for landscaped open space, the departures from the standard regulations can be supported as the requested building setbacks, building height, number of buildings on a lot and lot coverage reflect existing conditions. The applicant is proposing to remove a substantial amenity area (swimming pool) to accommodate the required parking of 1.4 spaces per dwelling unit. The resulting layout is inefficient and results in only 8 additional parking spaces. Furthermore, this is a significant loss of amenity area for residents. Staff has been considering minor reductions in parking standards on a case by case basis. The subject land is close to transit routes, commercial uses and facilities and as such, residents may be less dependent on personal automobiles than in other parts of the City. Staff recommend the parking standard for the property be reduced from 1.4 spaces per unit to 1.28 spaces. This would result in a reduction of only 6 parking spaces. The area of the swimming pool could be retained with or without the pool as amenity area for the tenants. Two additional parking spaces could be added south of this area. This would increase the landscaped are a to just above 20% of the lot area. A minimum landscaped open space area of 20% of the lot area should then be required for this development. Page 184 of 623 5 PBD-2018-50 August 14, 2018 To ensure the building and property are safe for residential use, the applicant will need to complete a Phase 2 Environmental Site Assessment and file a Record of Site Condition with the Provincial Ministry of the Environment and Climate Change. Staff recommend a holding (H) regulation be implemented in the amending by-law. This will be lifted once the appropriate studies are completed and filed. The conversion of the former motel to an apartment building will be subject to a site plan application. At the site plan stage improvements to the property, including landscape upgrades, a proper waste disposal enclosure within the complex and removal of motel signage will be secured. Building permits will be needed for a change of use. 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 Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer A.Bryce:mb Attach. S:\PDR\2018\PBD-2018-50, AM-2018-013, 8004 Lundy's Lane, Zoning By-law Amendment.docx Page 185 of 623 6 PBD-2018-50 August 14, 2018 SCHEDULE 1 Page 186 of 623 7 PBD-2018-50 August 14, 2018 SCHEDULE 2 Page 187 of 623 PBD-2018-54 August 14, 2018 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2018-54 AM-2018-015, Zoning By-law Amendment Application Part 11, 12 and 15, 59R16028, Montrose Business Park Applicant: Ruth-Ann Nieuwesteeg (Patterson Funeral Home) Owner: City of Niagara Falls Proposal: To add Funeral Establishment, Cemetery, Crematorium, Columbarium and Scattering Ground to the List of Permitted Uses RECOMMENDATIONS 1. Council approve the Zoning By-law amendment application to rezone the lands a site specific Prestige Industrial (PI) zone to add a Funeral Establishment and Crematorium to the list of permitted uses for the subject lands; and 2. Council pass the amending by-law appearing in Council’s agenda to implement the amendment. EXECUTIVE SUMMARY Ruth-Ann Nieuwesteeg is requesting a Zoning By-law amendment for a 1.62 hectare (4 acre) parcel of land, described as Parts 11, 12 and 15, 59R-16028 (Schedule 1). The lands are located on the north side of Chippawa Creek Road between Montrose Road and Heartland Forest Road. The lands are currently vacant and are zoned a site specific Prestige Industrial (PI-849) zone, in accordance with Zoning By-law No. 79-200, as amended by Zoning By-law Nos. 2010-03 and 2016-54. The applicant is requesting to add a funeral establishment, a crematorium, a columbarium and a scattering ground to the list of permitted uses. The request is recommended, in part, for the following reasons: The proposal is consistent with the Provincial Policy Statement (PPS) as the lands are located within a Settlement Area under the Provincial Policy Sta tement (PPS) and designated Greenfield under the Places to Grow Plan for the Greater Golden Horseshoe. The PPS directs growth to settlement areas, and encourages the efficient use of land, resources, infrastructure and public services facilities. The proposal conforms with the Regional Official Plan (ROP) as the lands are within the Urban Area in the Regional Official Plan. The proposal conforms with the City’s Official Plan as the subject lands are within the Garner South Secondary Plan in the City’s Official Plan. The lands are in the Montrose Business Park and are within the QEW Employment Corridor of the Urban Structure Plan. Currently, the City does not have a crematorium. The proposed amendment will allow the subject lands to be developed for a crematorium; the addition of a funeral establishment will allow the owner to meet clients on-site. Page 188 of 623 2 PBD-2018-54 August 14, 2018 The development of these uses will be regulated by the existing PI-849 regulations and together with additional regulations regarding the minimum building size and the location of parking. The proposed development will be subject to site plan control to address the design of the proposed development. BACKGROUND Proposal Ruth-Ann Nieuwesteeg has requested a Zoning By-law amendment for a 1.62 hectare (4 acre) parcel of land (Part Parts 11, 12 and 15, 59R-16028) in the Montrose Business Park. Refer to Schedule 1 to locate the lands. The lands are currently vacant. The applicant would like to construct a funeral establishment, a crematorium, a columbarium and a scattering ground on the subject lands. Schedule 2 shows the whole site and Schedule 3 shows details of the proposed development. The lands are zoned site specific Prestige Industrial (PI-849) zone, in accordance with Zoning By-law No.79-200, as amended by By-law Nos. 2010-03 and 2016-54. The applicant applied to rezone the lands to add a crematorium, a funeral establishment, a columbarium and a scattering ground to the list of permitted uses. Site Conditions and Surrounding Land Uses The property is a located in the Montrose Business Park between Blackburn Parkway and Chippawa Creek Road. The lands are currently vacant. Majority of the properties surrounding the subject lands are largely vacant and are proposed to be developed for future prestige industrial uses. Neighbourhood Open House A neighbourhood open house was held on July 9, 2018 to obtain feedback from surrounding property owners. No one attended the open house to hear about the proposal or to provide comments. Circulation Comments Information regarding the proposed Zoning By-law amendment was circulated to City Divisions, the Regional Municipality of Niagara, agencies and the public for comments. The following are the comments received to date: Regional Municipality of Niagara The land is located within a Settlement Area under the Provincial Policy Statement (PPS) and Designated Greenfield under the Places to Grow Plan for the Greater Golden Horseshoe (Growth Plan). The land is within the Urban Area in the Regional Official Plan (ROP). A limited number of people will be employed for the proposed use, Regional staff is satisfied that the target density of 50 people and jobs per hectare will be met elsewhere on other Greenfield lands within the municipality. Page 189 of 623 3 PBD-2018-54 August 14, 2018 The proposal will improve the diversity of permitted uses and will support a larger range of economic activities and make efficient use of urban serviced land and existing infrastructure. Regional staff is satisfied, with the confirmation that the assessment has been submitted to the Ministry of Tourism, Culture and Sport (letter dated January 16, 2018) and that no further archaeological assessment is required of the property. Prior to construction the Region will require confirmation be provided that stormwater runoff has been captured and treated to a Normal standard prior to discharge from the site. Confirmation will also be required that the storm infrastructure on Chippawa Creek Road (Regional Road 63) will not be negatively impacted as a result of the proposed development. Detailed grading, storm servicing, and construction sediment control drawings will be required at the site plan stage. Transportation Services, Municipal Works, Building Services, By-law Services, Fire Services and Legal Services No objection or concerns with this application. ANALYSIS 1. Provincial and Regional Policies The Montrose Business Park is located within a Settlement Area under the Provincial Policy Statement (PPS) and within the Greenfield Area under the Places to Grow Plan for the Greater Golden Horseshoe (Growth Plan). Both the PPS and the Growth Plan promote a mix and range of employment uses to meet long term needs. The Growth Plan also establishes a minimum density for development in Greenfield areas of 50 people/jobs per hectare. The proposal will contribute to the diversity of permitted uses and support a larger range of economic activities. It will make efficient use of urban serviced land and existing infrastructure. As such, the proposed amendment is consistent with the Provincial and Regional policies. 2. Official Plan The lands are within the Garner South Secondary Plan and are designated Employment in the City’s Official Plan. The lands designated Employment are proposed to attain an employment density of 30 jobs per hectare. The proposal conforms with the Official Plan, the lands are part of the QEW Employment Corridor and identified as employment in the Garner South Secondary Plan Area. 3. Zoning The subject lands are zoned a site specific Prestige Industrial zone (PI-849), in accordance with Zoning By-law No. 79-200, as amended by By-law Nos. 2010-03 and 2016-54. The applicant is requesting to add a funeral establishment, a crematorium, a columbarium and a scattering ground to the list of permitted uses. The requested uses are regulated by the Funeral, Burial and Cremation Service Act. Page 190 of 623 4 PBD-2018-54 August 14, 2018 The applicant is the owner of the Patterson Funeral Home, a long-standing funeral service in the City. The applicant wishes to extend the funeral services by providing a crematorium, columbarium and scattering ground facility to the residents as well. As the City does not have a crematorium facility, funeral homes access crematoriums located in either in Niagara Falls, NY or in Burlington, ON. There is a shifting cultural trend where more people are opting for cremation rather than a traditional burial. Providing a crematorium in the City will address the need of local and regional residents. The planned crematorium is a clean, energy efficient facility which does not produce odours or emissions. It will have similar characteristics to other processing facilities allowed as permitted uses. The proposed development complies with the zoning regulations for lot frontage, area and setbacks of the site specific PI-849 zone. The changes to zoning regulations for minimum building size and location of parking provisions of the by-law were not included in the Public Notice. However, as the requested modifications are fairly minor, re-notification was not required. The applicant wishes to establish a funeral establishment on the site. This is necessary under the Funeral, Burial and Cremation Service Act. In order to allow on- site consultation with families seeking cremation services. While the request for a scattering ground may fit with the overall landscaped quality of the grounds, the need to designate the lands as a cemetery was not proposed at the time of the land sale. Similarly, the installation of a columbarium would likely result in large gatherings and services which pose a conflict between large numbers of people, industrial traffic and functions of the industrial park. Therefore, the additional uses of scattering ground, cemetery and columbarium cannot be supported. The following changes to the regulations are necessary: REGULATIONS REQUIREMENT PROPOSAL Minimum building size except for an accessory building and accessory structure 2,000 square metres 200 square metres Location of parking no person shall provide more than 15% of the total parking in any front yard and more than 20% in any exterior side yard all parking is provided in front yard. (for the funeral establishment and crematorium The proposed zoning by-law amendment can be supported for the following reasons: The provision of the minimum building size was included in the site specific by- law for industrial buildings. The applicant is proposing to construct one storey building (crematorium) on the subject lands. The building size of 200 square metres is adequate for the proposed crematorium. Page 191 of 623 5 PBD-2018-54 August 14, 2018 The intent of the site specific by-law to allow not more than 15% of the total parking spaces in the front yard is to allow for adequate landscaping in the front yard. The applicant is proposing to construct a crematorium on the subject lands which will provide a front yard setback of 28 metres with 10 metres of generous landscaping along the front property line. Further, the applicant is proposing to provide only 10 parking spaces which will be screened from the street by 10 metre of landscaping. 4. Site Plan Control The proposed development will be subject to Site Plan Control to address the site plan layout, servicing, grading, site access, lighting, landscaping and signage. The amending by-law, to implement the amendment discussed in this report, is included in Council’s agenda. FINANCIAL/IMPLICATIONS The proposed development will generate development charge contributions and property tax revenue for the City. CITY’S STRATEGIC COMMITMENT The proposed amendment supports the City’s Strategic Priorities of developing lands for business investment and building a vibrant, sustainable city. LIST OF ATTACHMENTS Schedule 1 – Location Map Schedule 2 – Site Plan Schedule 3 – Detailed 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-2018-54, AM-2018-015, Zoning By-law Amendment, Part 12, 59R16082, Patterson Funeral Home.docx Page 192 of 623 6 PBD-2018-54 August 14, 2018 SCHEDULE 1 Page 193 of 623 7 PBD-2018-54 August 14, 2018 SCHEDULE 2 Page 194 of 623 8 PBD-2018-54 August 14, 2018 SCHEDULE 3 Page 195 of 623 PBD-2018-59 August 14, 2018 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2018-59 26CD-11-2018-007 Legends Phase 1 Plan of Vacant Land Condominium 8960 Willoughby Drive Applicant: 800460 Ontario Inc. (Fred Costabile) RECOMMENDATIONS 1. That the Legends Phase 1 Plan of Vacant Land Condominium be draft approved subject to the conditions in Appendix A; 2. That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council’s decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged; 3. That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and granted by Council; and 4. That the Mayor and City Clerk be authorized to execute the Condominium Agreement and any required documents to allow for the futur e registration of the subdivision when all matters are addressed to the satisfaction of the City Solicitor. EXECUTIVE SUMMARY 800460 Ontario Ltd. (Fred Costabile) is proposing to develop a 2.53 ha (27.2 ac) parcel of land located at 8960 Willoughby Drive as a Plan of Vacant Land Condominium. The condominium will divide the land into 58 units of land with common private roads, visitor parking and amenity areas. The condominium will allow the individual ownership of the townhouse dwelling units. Planning staff recommends the applications for the following reasons: The development is consistent with Provincial policies with respect to achieving intensification within the Built-Up Area and protecting adjacent natural features; The development is in conformity with the City’s Official Plan and Zoning By-law No. 79-200, as amended, and will be compatible with the surrounding development; The condominium will assist in providing housing choices and will contribute to the City’s required short term housing supply (3 years); and City and Regional interests will be addressed through the fulfillment of the conditions contained in Appendix A. Page 196 of 623 2 PBD-2018-59 August 14, 2018 BACKGROUND Proposal 800460 Ontario Ltd. is proposing a plan of Vacant Land Condominium on the subject land. This plan will permit the creation of land units (parcels) for the future sale of the 58 proposed townhouse dwelling units. Schedule 2 shows the proposed unit layout. This is the first condominium of three that are anticipated for the larger former school property. The property is zoned site specific Residential Low Density, Grouped Multiple Dwellings (R4(H)-1060). Site Conditions and Surrounding Land Uses The subject land was formerly occupied by an elementary school (Rutland School). The property is currently vacant. A Provincially Significant Wetland (PSW) is located to the east of the subject land. Single detached dwellings and Cummings Park are located to the west. Vacant land, intended for the future development of townhouses, is located to the south of the property, while apartment dwellings are located to the north. Circulation Comments Regional Municipality of Niagara (the Region) No objections. The Region provided several conditions to address archaeological, environmental and standard development requirements. These conditions are included in Appendix A. Niagara Peninsula Conservation Authority (NPCA) No objections. The NPCA provided conditions to address wetland protection. These conditions are included in Appendix A. Municipal Works, Transportation Services, Parks Design, Fire Services, Enbridge Gas and Canada Post No objections. Requested conditions are included in Appendix A. Hydro One Networks Inc. (HONI); District School Board of Niagara No objections. ANALYSIS/RATIONALE 1. Provincial Policy Statement and Growth Plan The Planning Act requires City planning decisions to be consistent with Provincial policies. These policies direct municipalities to facilitate residential intensification by directing 40% of all residential development to built-up areas. The subject lands are within the built boundaries of the City. The proposed development will assist in meeting these targets and is a form of residential intensification promoted by the Province. Page 197 of 623 3 PBD-2018-59 August 14, 2018 Provincial Policies also require natural features, such as the adjacent PSW , to be protected. Through the Zoning By-law Amendment application approved by Council earlier this year, the applicant submitted an environmental impact study and addendum to the satisfaction of the Niagara Peninsula Conservation Authority (NPCA). The NPCA recommended a number of mitigation measures, which have been incorporated in the conditions of approval in Appendix A. 2. Official Plan The subject land is designated Residential in the City’s Official Plan. Residential lands are permitted to be developed with a variety of housing types, including townhouses, between a density of 20 and 40 units per hectare. New developments are to be of a height, massing and provide setbacks that are in character with the surrounding development. The proposed development conforms to the Official Plan as follows: the proposed townhouses will have an overall density of 23 units per hectare, which conforms to the Official Plan, and will provide an additional housing choice in this neighbourhood; the proposed development will be similar to the height, building setbacks and massing of the nearby residential development; and through conditions of approval, the adjacent PSW will be protected. 3. Zoning By-law The land is zoned Residential Low Density, Grouped Multiple Dwellings (R4(H)- 1060) in accordance with Zoning By-law No. 79-200, as amended by By-law No. 2018-34. The zoning permits the development of townhouse dwellings subject to site specific regulations. A holding (H) regulation is in place until archaeological assessments are completed to the satisfaction of the Region of Niagara. Lands to the east of the proposed site are zoned Environmental Protection Area (EPA) to protect the PSW located within this zone. The development conforms with the site specific R4 zoning regulations for lot frontage, lot area yards, landscaping and setbacks from the EPA zone . Zoning By- law No. 79-200 requires parking spaces in the front yard (i.e. Weinbrenner Road) of a property zoned R4 to be screened with a decorative wall or landscaped berm to screen them from the adjacent road. The plan will have to provide these features. Conditions in Appendix A address the review of drawings to ensure compliance. 4. Condominium Design and Conditions of Approval The plan of condominium will accommodate the intended division of the land into units of land that can be sold separately. The plan includes private common roads with points of access off of Willoughby Drive and Weinbrenner Road , visitor parking and amenity areas. The scale and height of the proposed dwellings will be compatible with the surrounding dwellings. Page 198 of 623 4 PBD-2018-59 August 14, 2018 The Region and NPCA has recommended a series of mitigation measures to protect the adjacent PSW , which are included in the conditions listed in Appendix A. These are based on the environmental study and addendum submitted at the zoning stage. 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. Appendix A includes the recommended conditions of approval including the review of drainage and storm servicing by the City and the NPCA, construction of the adjacent portions of Willoughby and Weinbrenner Roads to urban standards with sidewalks, parkland dedication and installation of the necessary facilities and services for Canada Post and Enbridge. The developer will be required to enter into a condominium agreement with the City. The agreement will address any necessary works, mitigation measures and warning clauses. 5. Holding Zone The property is subject to an H – Holding symbol which requires the submission of an archaeological assessment and an acknowledgement letter from the Ministry of Tourism, Culture and Sport. These documents have been filed with the Region. At this writing, the City is awaiting confirmation from the Region that it is satisfied. In anticipation of that release, a by-law to lift the H symbol is on tonight’s agenda. 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 condominium complies with the City’s Official Plan. LIST OF ATTACHMENTS Schedule 1 – Location Map Schedule 2 – Condominium 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.Bryce:mb Attach. S:\PDR\2018\PBD-2018-59, 26CD-11-2018-007, 8960 Willoughby Drive.docx Page 199 of 623 5 PBD-2018-59 August 14, 2018 SCHEDULE 1 Page 200 of 623 6 PBD-2018-59 August 14, 2018 SCHEDULE 2 Page 201 of 623 7 PBD-2018-59 August 14, 2018 APPENDIX A Conditions for Draft Plan Approval 1. Approval applies to the Draft Plan of Vacant Land Condominium prepared by Upper Canada Consultants, dated June 4, 2018, showing 58 units of vacant land for townhouses as well as common private road s, 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 five copies of the pre-registration plan to Planning, Building & Development and a letter stating how all the conditions imposed have been or are to be fulfilled. 4. 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. 5. The developer submit a Solicitor’s Certificate of Ownership for the Condomin ium land to the City Solicitor prior to the preparation of the Vacant Land Condominium Agreement. 6. The developer provide a landscape plan, prepared by a Landscape Architect (OALA), showing woodlot/Provincially Significant Wetland protection, stormwater management features, fencing, entrance features, streetscape treatment, internal landscaping/lot landscape design, patios, driveway locations , sidewalk connections to adjacent streets and garbage enclosures/collection areas. 7. The developer pay cash-in-lieu of parkland dedication to the City in the amount equal to 5% of the appraised value of the lands subject to this condominium as determined by a qualified appraisal, to the satisfaction of the City. 8. The developer construct full curb and gutter along the east side of Willoughby Drive, from Weinbrenner Road to the south limit of the land subject to this condominium, to be designed and constructed in accordance with City standards. 9. The developer upgrade the portion of Weinbrenner Road fronting this site to a minimum urban section in accordance with City standards. The developer shall ensure the existing ditch along the south side of Weinbrenner Road is regraded and continues to flow to the “Little Mississippi” and that all crossing culverts are sized accordingly. Page 202 of 623 8 PBD-2018-59 August 14, 2018 10. That the existing water service to the site on Willoughby Drive be cut and capped at the property line. 11. The developer relocated the existing fire hydrants on Weinbrenner Road and Willoughby Drive to suitable locations within the municipal right-of-way to the satisfaction of Municipal Works. 12. The developer locate the existing sanitary lateral to the site and ensure that it has been cut and capped at the property line. 13. That each unit be individually metered, or a meter pit fo r the entire site be constructed at the property line. 14. The developer provide a 1.5 metre wide sidewalk, complete with tactile warning surface at the intersections, along the east side of Willoughby Drive and the south side of Weinbrenner Road across the frontage of the land subject to the condominium. 15. The roadway, services, lot grading and construction shall all be designed and constructed in accordance with City standards. The developer shall ensure that the existing municipal infrastructure will adequately service the development as proposed. 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). 16. The developer provide an adequate stormwater outlet for this site to the satisfaction of Municipal Works. 17. 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. 18. The developer provide a servicing report to demonstrate that available municipal infrastructure is sufficient to service the proposed development. Where existing watermain flows and/or pressures are unknown, testing shall be conducted in coordination with the City of Niagara Falls Environmental Services Division at the developer’s expense. 19. The developer pay the applicable development charges in place at the execution of the Vacant Land Condominium Agreement and at Building Permit issuance in accordance with By-law No. 2014-87, as amended. 20. The developer pay the City the applicable required fees for administration. Page 203 of 623 9 PBD-2018-59 August 14, 2018 21. That the following condition be placed in the Vacant Land Condominium Agreement: “Owners shall be required to have their Engineering Consultant provi de written acceptance that the works completed conform with the City’s accepted drawings and in accordance with NPSCD and City construction specifications.” 22. The developer submit the necessary servicing drawings, identifying the locations of required fire access routes and the fire hydrants, in accordance with section 3.2.5.7 of the Ontario Building Code. 23. 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 road. 24. 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. 25. The developer provide electrical vehicle charging systems as per 9.34.4 of the Ontario Building Code to the satisfaction of Building Services. It is recommended that the applicant confirm proposed electrical servicing can support these systems. 26. That the applicant dedicate a 3 metre road widening along Willoughby Road frontage of the property, and a 5 metre by 5 metre daylight triangle at the south- east corner of Willoughby Drive and Weinbrenner Road to the satisfaction of Transportation Services. 27. 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. 28. That a Community Mail Box (CMB) be located determined by Canada Post, and that the developer identify this site on a display in the sales office prior to offering any units for sale. 29. 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 Page 204 of 623 10 PBD-2018-59 August 14, 2018 notifying the purchasers of the exact CMB locations and easements granted to Canada Post prior to the closing of any home sales. 30. The developer satisfy all requirements of Canada Post regarding temporary and permanent CMB locations and associated works, engineering servicing drawings, installation, notification of the start of construction and providing mail service information to property owners. 31. The condominium agreement include clauses requiring the developer to implement the mitigation measures outlined in the Environmental Impact Study (EIS), prepared by LCA Environmental Consultants (dated November, 2017) and subsequent Addendum, also prepared by LCA Environmental Consultants (dated March 22, 2018), including: a. An NPCA Permit will be required prior to commencement of any work within 30 metres of the wetland; b. Installation of a 2 metre wide trail at the outer extent of the buffer, as indicated on the plan; c. Installation of the berm immediately adjacent to the trail, as indicated on the plan. The berm will be of sufficient height to ensure no negative impacts to the hydrology of the wetland, and to support amphibian breeding habitat within the southern portion of the wetland; d. That a Wetland Maintenance Plan be established by the condo corporation which ensures that the wetland, woodland, and buffer areas are maintained in their natural state, that tree removal is minimized, and that only native species are planted within these areas; e. That open space detention areas, once constructed, will be naturalized as part of the wetland buffer; f. A Sediment and Erosion Control Plan which includes sediment control fencing at the outer limit of the natural buffer, at the boundary of the buffer and berm to ensure no sediments enter the wetland or natural buffer area; g. A grading plan that demonstrates no grading towards the wetland beyond the berm identified on the plan; and, h. Any further comments and conditions which may be determined through the detailed review of the condominium plan and associated technical plans and details. 32. The following clause be included in the condominium agreement: Page 205 of 623 11 PBD-2018-59 August 14, 2018 “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.” 33. That verification of the available wet weather sanitary capacity in the South Niagara Falls system and required mitigation measures to accommodate development be submitted for review and approval by the Niagara Region and City of Niagara Falls. 34. Prior to the approval of the final plan or the undertaking of any on -site grading or storm servicing, the owner shall submit a detailed stormwater management plan and all associated engineering drawings (stamped and signed by a qualified professional engineer in accordance with the Ministry of the Environment and Climate Change’s ‘Stormwater Management Planning and Design Manual’ (2003) and the Niagara Peninsula Conservation Authority’s ‘Stormwater Management Guidelines’ (2010)) to the Niagara Region for review and approval. The required stormwater management engineering submission shall address the items outlined in the Region’s comment letter dated July 25, 2018, and include (but not be limited to): a. Detailed grading plans, noting both existing and proposed grades and the means whereby overland flows will be accommodated across the site; b. Detailed storm servicing plans, noting both existing and proposed storm services including all supporting design details and calculations; c. Detailed stormwater management plans including all supporting details, calculations and computer models; d. Detailed construction erosion and sediment control plans; and e. Detailed construction phasing plans (as required). 35. In order to accommodate Regional Waste collection service, the owner submits a revised draft plan of condominium illustrating collection pads for Units 45, 46 and Page 206 of 623 12 PBD-2018-59 August 14, 2018 47 inclusive. The waste collection pads shall be designed/constructed in accordance to the details outlined in Niagara Region’s Corporate Policy for Waste Collection. 36. The owner ensures that all streets and development blocks can provide access in accordance with Niagara Region’s Corporate Policy for Waste Collection and by- laws relating to the curbside collection of waste. 37. The owner enters into an acknowledgement agreement with Niagara Region prior to commencement of Regional waste collection service to this site. 38. The developer provides a written acknowledgement to Niagara Region stating that draft approval of this condominium 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 ay pre-servicing will be at the sole risk and responsibility of the developer. 39. The developer submit a written undertaking to Niagara Region that all Offers and Agreements of Purchase and Sale, 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. 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 Niagara Region. 2. Prior to final approval for registration, a copy of the draft condominium agreement for the proposed development should be submitted t o Niagara Region for verification that the appropriate clauses pertaining to any of these conditions have been included. A copy of the executed agreement shall also 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 developer as one complete package, or circulated to the Niagara Region by the City of Niagara Falls. 40. The developer submit to the Niagara Peninsula Conservation Authority (NPCA) for review and approval, detailed grading plans and construction sediment and erosion control plans. Page 207 of 623 13 PBD-2018-59 August 14, 2018 41. The developer submit to the NPCA for review and approval, a naturalization plan for the wetland buffer. Implementation of the naturalization plan will require a Work Permit. 42. The developer provide 1.5 metre high chain link fencing along the Limit of Disturbance line as detailed on the site plan drawing (Drawing No. 1691 -SP, prepared by Upper Canada Consultants, dated March 20, 2018), to the satisfaction of the NPCA. 43. The developer establish a 2 metre wide trail and berm immediately east of the Limit of Disturbance line as detailed on the site plan drawing (Drawing No. 1691- SP, prepared by Upper Canada Consultants, dated March 20, 2018), to the satisfaction of the NPCA. Work Permits are required for construction of the trail and berm. 44. A wetland maintenance program be established by the Condominium Corporation which ensures that the wetland, woodland, and buffer areas are maintained in their natural state, tree removal is minimized, and that only native species are planted within these areas, to the satisfaction of the NPCA. 45. That Conditions 40 to 44 inclusive be incorporated into the condominium agreement between the developer and the City, to the satisfaction of the NPCA. The City shall circulate the draft condominium agreement to the NPCA for its review and approval. 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) - Legal Services for Conditions 4 and 5 - Parks Design for Conditions 6 and 7 - Municipal Works for Conditions 8 to 21 (inclusive) - Fire Services and Building Services for Conditions 22 to 24 (inclusive) - Building Services for Condition 25 - Transportation Services for Condition 26 - Enbridge Gas for Condition 27 - Canada Post for Conditions 28 to 30 (inclusive) - Regional Development Services for Conditions 31 to 39 (inclusive) - Niagara Peninsula Conservation Authority for Conditions 40 to 45 (inclusive) Page 208 of 623 Gwen Donofrio From: Sent: To: Subject: For scanbox Tuesday Hr-*-r|n\/ifrh Andrew Bryce Friday,August 10,2018 9:09 AM Gwen Donofrio FW:Proposed development In Chippawa /2/n—.,2z/7~m -S-ent.rIday,l:’-\lugu::tH10,2018 9:05 AM To:Rita Marriott;Andrew Bryce;Ken Mech Subject:FW:Proposed development In Chippawa Please copy for 2 files From:donna mongeri n_1] Sent:Thursday,Augus...,LUJ.O 0:3.)I-’|V| To:Alex Herlovitch Subject:Fwd:Proposed development In Chippawa Sent from my iPad Begin forwarded message: From:donna mongeri ,__ Date:August 9,2018 at 4:19:57 PM EDT To:councilmembers@,niagarafalls.ca Subject:Proposed development In Chippawa Dear City of Niagara Falls Council Members: As a resident of Chippawa we wish to advise you that we are concerned about the recent proposed residential development in our area,speci?cally the property at the corner of Sodom Rd.and Lyons Creek Rd,as well as the development at the Rutland School property on Willoughby Dr. We are concerned that the Sodom Rd.development will result in a negative impact to ourselves and the residents of Chippawa for the following reasons. *Increased traffic.There is only two roads in and out of Chippawa.The traf?c at Sodom Rd.and Lyons Creek Rd.has increased dramatically because of past development off Sodom Rd.(behind Betty’s Restaurant)and the busy Chippawa Boat Launch area. *The proposed six story condo will negatively impact the aesthetics of the natural beauty of the park area and boat launch along the Welland River in that area. We are also concerned that the Silvergate development at the Rutland School property on Willoughby Dr.will have a negative impact on our area. *The development will back on to provincially signi?cant wetland in the Legends Niagara Parks area. 1 Page 209 of 623 *The development is directly across from The City of Niagara Falls Woodlot and Grassland Naturalization Project.It will directly effect the wildlife such as deer and wild turkeys that have to cross over from the Niagara Parks woodland and wetlands through the development to get to the Naturalization Project area.After being disappointed about the Thundering Waters Development,this is just another one of our precious green spaces being negatively effected by development. *We live seven houses up from Willoughby Dr.on Weinbrenner Rd.This past spring we experienced major ?ooding,stretching from Willoughby Dr.right up through the green space behind us because the current sewers could not handle all the water on Willoughby Dr.As a result,we had extensive water damage to the lower level of our home.Further development will likely impact the burden on the sewers. Please bring our concerns to City Council.We would respectively request to be informed in writing any further information concerning these two sites. Thank you for your attention on these matters.It is greatly appreciated. Yours truly, Gary and Donna Mongeri 3580 Weinbrenner Rd. Niagara Falls,Ont.(Chippawa) L2G 7Y4 Sent from my iPad Page 210 of 623 VIA EMAIL ONLY August 14, 2018 File: D.18.04-ZA-18-094 Mr. Andrew Bryce, MCIP, RPP Planner 2 City of Niagara Falls 4310 Queen Street PO Box 1023 Niagara Falls, ON L2E 6X5 Dear Mr. Bryce: Re:Application for Zoning By-law Amendment Removal of Holding (H) Provision (By-law No. 2018-34) Address: 8960 Willoughby Drive, Niagara Falls Your File No.: AM-2017-021 Regional Development Services staff has reviewed the information circulated with the application for the Zoning By-law amendment, which proposes to remove the Holding (H) provision from the site specific R4 zone. If approved, the application would facilitate the development of Legends Phase 1 Plan of Vacant Land Condominium, which consists of 58 townhouse dwelling units. Regional staff offers the following comments regarding Provincial and Regional policy to assist the City in their consideration of the application. Planning Review The Holding (H) provision attached to the Zoning By-law requires clearance from the Ministry of Tourism, Culture and Sport (MTCS) with regard to archaeological resources concerns having met licensing and resource conservation requirements. The following information was circulated with the application: Copy of MTCS letter dated July 17, 2017, Stage 1-2 Archaeological Assessment of 8960 Willoughby Drive Copy of the Stage 1-2 Archaeological Assessment for 8960 Willoughby Drive (prepared by AMICK Consultants Ltd.) Copy of MTCS letter dated July 31, 2018, Stage 3 Archaeological Assessment of H1 (AgGs-396) Copy of the Stage 3 Archaeological Assessment of H1 (AgGs-396) (prepared by AMICK Consultants Ltd.) 1 copy of the City of Niagara Falls By-law No. 2018-34 (dated March 27, 2018) Page 211 of 623 2 The Stage 1-2 Assessment for 8960 Willoughby Drive (date of report filing, July 3 2018)was submitted to the Region for review, (dated July 17, 2018). The Stage 1 Assessment determined that the study area has been identified as an area of archaeological potential and Stage 2 Property Assessment is recommended, with the exception of portions of the study area determined to have low archeological potential or are not viable to assess. The Stage 2 Assessment determined that Stage 3 Site-specific Assessment is required for the archaeological site identified as H1 (AgGs-396) within the 2016 Stage 1-2 Archaeological Assessment report. However, it is also recommended that the study area be subject to partial clearance to allow development to proceed in areas that are clear of archaeological concern. The July 17, 2018,indicates that further assessment is required for archaeological site H1 (AgGs-396) and a 20m buffer of the H1 Site (AgGs-396). The lands outside of this 20m buffer are cleared of archaeological concern and development activity is permitted to proceed, subject to the provisions noted in the letter. The MTCS indicates they are satisfied the fieldwork and report recommendations are consistent with the conservation, protection and preservation of the cultural heritage of Ontario. The Stage 3 Assessment for 8960 Willoughby Drive (date of report filing, TBD) was submitted to ly 31, 2018). T s letter, indicates they are satisfied the fieldwork and report recommendations are consistent with the conservation, protection and preservation of the cultural heritage of Ontario. The MTCS letter acknowledges that no further archaeological assessment is recommended. Conclusion Regional Development Services staff is satisfied that the reports and correspondence regarding the archaeological assessment submitted are adequate and, as such, staff does not object to the removal of the Holding (H) provision on the property respecting Regional and Provincial interests. If you have any questions or wish to discuss these comments, please contact me at extension 3518 or Lindsay Earl,Senior Development Planner, at extension 3387. Sincerely, Alexsandria Pasquini Development Planner cc:Diana Morreale,Director Development Approvals, Niagara Region Pat Busnello, Manager Development Planning, Niagara Region Lindsay Earl, Senior Planner, Niagara Region Ken Mech, Manager of Current Planning, City of Niagara Falls Page 212 of 623 THOMSONR ROGERS Page 213 of 623 THOMSON ROGERS ggéc/x.;% Page 214 of 623 MW-2018-16 August 14, 2018 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works SUBJECT: MW-2018-16 Chippawa Public Boat Dock Additional Funding Request RECOMMENDATION 1. That the request for additional funding in the amount of $17,000 for the Chippawa Public Boat Dock project be approved; and, 2. That the Capital Budget be amended to reflect Council’s direction. EXECUTIVE SUMMARY The City of Niagara Falls, in partnership with the Chippawa Public Docks Committee (CPDC) established a new Boat Dock facility on Front Street in Chippawa in 2012. This facility has become a popular public amenity and is enjoyed by local residents and visitors alike. The majority of the work was undertaken by volunteers and members of the CPDC using private funding and donations received from the community. During the winter of 2015 the dock experienced some damage due to floating ice requiring a portion of the dock to be re-constructed. The dock is now fully restored and operational and is ready for assumption by the City of Niagara Falls. The CPDC has completed the final accounting and is requesting additional funding in the amount of $17,000 to offset the unforeseen expenses. The purpose of this report is to seek Council’s approval to authorize payment to the CPDC and amend the Capital Budget to provide for this expenditure. BACKGROUND At its meeting on May 30th, 2011 City Council adopted the recommendations set out in report MW-2011-20 which directed City staff to establish a new Public Boat Dock facility on Front Street in partnership with the Chippawa Public Boat Dock Committee. See attachment #1. Page 215 of 623 August 14, 2018 - 2 - MW-2018-16 On March 27th, 2012 Council approved report MW -2012-18 which provided staff with direction to advance the engineering and construction phases of the project. See attachment #2. ANALYSIS/RATIONALE The project has now been completed and can be assumed by the City of Niagara Falls as part of its parks inventory. The only outstanding issue is the request for additional funding which Municipal Works staff believes is justified under the circumstances. A more detailed explanation in provided in the letter from Mr. Dan Tibbs, Chairman of the CPDC. See attachment #3. FINANCIAL/STAFFING/LEGAL IMPLICATIONS Funding for this project was not included in the 2018 Capital Budget however the request can be accommodated from surplus funds available in the Capital Holding Reserve. The details are provided in the new Capital Budget Worksheet. See attachment #4. CITY’S STRATEGIC COMMITMENT The recommendation is consistent with Council’s Strategic Priority to ensure that investments in infrastructure maximize benefits, reduce risk, and provide satisfactory levels of service to the public. LIST OF ATTACHMENTS 1. MW -2011-20 2. MW -2012-18 3. Letter from CPDC, dated June 29th, 2018. 4. 2018 Capital Budget Worksheet Recommended by: Geoff Holman, Director of Municipal Works Respectfully submitted: Ken Todd, Chief Administrative Officer G.Holman Page 216 of 623 MW- 2011 -20 NiagaraJalls May 30, 2011 REPORT TO:Councillor Carolynn loannoni, Chair and Members of the Committee of the Whole City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works Department Clerks Department SUBJECT:MW- 2011 -20 Proposed New Chippawa Boat Dock RECOMMENDATION 1.That Committee recommend for ratification that Council endorse the concept, location and timing of the proposed new Chippawa public boat dock and arrangement with the Chippawa Public Docks Committee. 2.City staff be directed to undertake a Crown lease arrangement with the Ministry of Natural Resources (MNR) and seek the consent of other approval agencies. 3.That funding for the City's portion of this project be referred to the 2012 Capital Budget deliberations. 4.That staff conduct a review of on- street parking on Front Street so that any modifications can be incorporated into the design and implemented during the project construction phase. EXECUTIVE SUMMARY The Chippawa Public Boat Dock Committee is a non - profit group of citizens interested in the development of a formal public dock facility intended to improve opportunity for public access to the Welland River. The proposed location for the dock is on the north side of the Welland River, along Front Street, adjacent to the Weightman Bridge. The proposed arrangement has the Chippawa Public Dock Committee committed to fundraising for the dock portion of the project. The facility will also require proper parking, sidewalk links, emergency access and amenity space to be constructed along the shore, proposed to be funded by the municipality. The goal of the proposed new Chippawa boat dock is to beautify the waterfront and provide tourists with additional opportunities to access the businesses of Chippawa. In addition, this dock would provide emergency service staff with better access to the Welland River. BACKGROUND In 2010, Council received a series of reports on the proposed relocation of the former Chippawa BIA- sponsored boat dock. Council's motion was to return the former dock to its' original location (south side of the Welland River) and that a City committee be formed to establish a long term plan for public docks along the Welland River. It should be noted that Page 217 of 623 May 30, 2011 2 -MW- 2011 -20 the south side boat dock was installed on May 19 2011 through the joint efforts of Municipal Works staff and the firefighters from Station 4 in Chippawa. Since Council's motion City staff having been working with a group known as the Chippawa Public Docks Committee. Staff developed a concept plan that situated the proposed new boat dock on the north side of the Welland River, along Front Street adjacent to the Weightman Bridge. This location meets the needs of the project by; providing dock users with access to the Chippawa businesses, allowing vehicular access for emergency services and gives an opportunity to beautify and better utilize existing City of Niagara Falls lands. The proposed concept plan developed with the Chippawa Public Docks Committee includes the following elements; a new, fixed (non - floating) dock with an approximate length of 30m (100'), a parking area, sidewalks, a lock -able pedestrian gateway to the dock, information signage, lighting and picnic tables. Furthermore, the proposed concept plan has been developed with accessibility in mind and will be compliant with the Facility Accessibility Design Standards (FADS), the guiding document for new municipal facilities. On May 4, 2011, City staff participated in a stakeholder open house meeting hosted by the Chippawa Public Docks Committee to receive comment on the proposed new Chippawa Boat Dock. The meeting was attended by approximately 40 individuals and included Chippawa residents, merchants and representatives of Ontario Power Generation, Emergency Services and the Niagara Parks Commission. The comments received from the stakeholder open house meeting were strongly supportive of the proposed new Chippawa boat dock (see attached). ANALYSIS /RATIONALE The purpose of the proposed new Chippawa boat dock will beautify the waterfront and provide tourists with additional opportunities to access the businesses of Chippawa. In addition, this dock would provide emergency service staff with better access to the Welland River. The proposed arrangement is that the Chippawa Public Docks Committee will fundraise for the financing of the physical dock. The municipality would be responsible for the "up land" works (i.e., the public lands leading to the dock). The dock would be a municipal asset under City ownership, which would help facilitate needed consent from the various, possible approval authorities (Ministry of Natural Resources, Ontario Power Generation, Oceans and Fisheries et al). The municipality would also be expected to issue receipts for the fundraising initiatives of the Chippawa Public Docks Committee. Finally, City staff would create the design work and issue appropriate tenders to see the project come to fruition. City staff has prepared a concept plan for the dock and surrounding lands. St. John Ambulance and the Fire Station No. 4 Fire Chief will be consulted in the formal design planning stage to ensure the dock and lands are optimized for emergency service staff. In addition, a review of on- street parking on Front Street by Transportation Services is recommended so that any modifications can be incorporated into the design and implemented during the project construction phase. Page 218 of 623 May 30, 2011 3 -MW- 2011 -20 FINANCIAL/ LEGAL IMPLICATIONS The proposed new Chippawa boat dock is not currently funded in the 2011 Capital Budget. It is listed within the 2011 capital budget addendum. The project will be identified in the forthcoming 10 -year capital plan with the possibility that it would be approved in 2012. The anticipated cost of the project (including external contributions) is estimated at $130,000, subject to the public procurement process. The Chippawa Public Docks Committee has stated a commitment to funding 100% of the new fixed dock portion of the project. The value of this commitment to funding is anticipated to be approximately$50,000, with the site works (the City portion) estimated at 80,000. To permit the development of the proposed new Chippawa boat dock, a Crown lease arrangement is required with the Ministry of Natural Resources, which will provide the municipality with the right to occupy the Welland River bed for the purpose of constructing a boat dock. This arrangement will need annual renewals with an associated fee, yet to be determined. In addition, it will also be necessary to receive Federal approval from Transport Canada, Oceans & Fisheries branch, under the Navigable Waters Protection Act. There may be other permits or approvals required for the project. As the facility will be municipally- owned, staff will be discussing appropriate measures to mitigate the risks with its insurer. CITY'S STRATEGIC COMMITMENT Promote awareness and opportunities for active living by providing accessible recreational facilities and green space for Niagara Falls residents Actively pursue economic development opportunities such as authentic Eco and Heritage Tourism opportunities. LIST OF ATTACHMENTS Attachment #1 Proposed New Chippawa Boat Dock Location Map Attachment #2 Proposed New Chippawa Boat Dock Concept Plan Attachment #3 Comments from the Public Open House Recommended b :DA r Geo Holman, t rector of Municipal Works Recommended by:I'1 Dean Iorfida, ty Cle Respectfully submitted: Ke Todd, Chief Administrative Officer DA/DI /GH Page 219 of 623 Page 220 of 623 Page 221 of 623 C H I U._., u.COMMITTEE The CPDC was formed to over see the private sector responsibilities within a public /private partnership with the City of Niagara Falls and various other agencies to provide service enhancing facilities along the banks of the Welland River (aka Chippawa Creek) in Chippawa. Principally, these take the form of public dock and upland improvements that will allow waterside access for the public, including but not limited to; swimmers, visiting boaters, emergency personnel, fishermen and limited accessibility individuals. There are a number of ways businesses and individuals will be able to assist us and the City to bring these great facilities to reality and we encourage you to sign up as an interested party and attend a meeting. Please attach your contact to this comment sheet or speak to one of our representatives for further information. Name 34Z4M) 54.-e L , Address 2n 7 1,2? !`/ Phone # Y 70 3591 Email 6 ' w c- C L/ AM/ c Co I /we would be interested in assisting the Chippawa Public Docks Committee lam' COMMENT y / Y ff a 1'M "4 Page 222 of 623 CHPPAWA PUDIC D K S COMMITI FE The CPDC was formed to over see the private sector responsibilities within a public /private partnership with the City of Niagara Falls and various other agencies to provide service enhancing facilities along the banks of the Welland River (aka Chippawa Creek) in Chippawa. Principally, these take the form of public dock and upland improvements that will allow waterside access for the public, including but not limited to; swimmers, visiting boaters, emergency personnel, fishermen and limited accessibility individuals. There are a number of ways businesses and individuals will be able to assist us and the City to bring these great facilities to reality and we encourage you to sign up as an interested party and attend a meeting. Please attach your contact to this comment sheet or speak to one-of our representatives for further information. Name i\v1W Address i A.;f . _ I . . Phone #c 5 1 , 4 5} Email 4`"r1 : ‘-\ 4" t 4 Uwe would be interested in assisting the Chippawa Public Docks Committee COMMENT 1 a 1\ote;C L . 1lC. 7 4 v \L i L f L f1-l Page 223 of 623 C,H1PPAVVA PUBLIC, DOCKS ITTEE The CPDC was formed to over see the private sector responsibilities within a public /private partnership with the City of Niagara Falls and various other agencies to provide service enhancing facilities along the banks of the Welland River (aka Chippawa Creek) in Chippawa. Principally, these take the form of public dock and upland improvements that will allow waterside access for the public, including but not limited to; swimmers, visiting boaters, emergency personnel, fishermen and limited accessibility individuals. There are a number of ways businesses and individuals will be able to assist us and the City to bring these great facilities to reality and we encourage you to sign up as an interested party and attend a meeting. Please attach your contact to this comment sheet or speak to one of our representatives for further information. Name L, _c.41c, 1 1 Address 1 77 ill E 1 &-,4iL,4 k, c r A •r•ei, S(v. Phone #10 S -S - - Ss' Email iYl S c:r _ 1 l hoifn tt. . ( .C)'i Uwe would be interested in assisting the Chippawa Public Docks Committee COMMENT b.-C Lv e'er' 4 Page 224 of 623 C 1 P P r A, P _ B Li T.CKSCOMM1 TT E The CPDC was formed to over see the private sector responsibilities within a public /private partnership with the City of Niagara Falls and various other agencies to provide service enhancing facilities along the banks of the Welland River (aka Chippawa Creek) in Chippawa. Principally, these take the form of public dock and upland improvements that will allow waterside access for the public, including but not limited to; swimmers, visiting boaters, emergency personnel, fishermen and limited accessibility individuals. There are a number of ways businesses and individuals will be able to assist us and the City to bring these great facilities to reality and we encourage you to sign up as an interested party and attend a meeting. Please attach your contact to this comment sheet or speak to one of our representatives for further information. Name 5 /1 Address 0.1_ j fc_j+ Fr F Phone #J L' `'l / S - u Email T/( 0- C'r Uwe would be interested in assisting the Chippawa Public Docks Committee El COMMENT A l.,y,,e •t Sr if t ." G r Page 225 of 623 F i IA 1 ia$ .sd DOCKS *.a..,,t :Jir\ 1 TT EE The CPDC was formed to over see the private sector responsibilities within a public /private partnership with the City of Niagara Falls and various other agencies to provide service enhancing facilities along the banks of the Welland River (aka Chippawa Creek) in Chippawa. Principally, these take the form of public dock and upland improvements that will allow waterside access for the public, including but not limited to; swimmers, visiting boaters, emergency personnel, fishermen and limited accessibility individuals. There are a number of ways businesses and individuals will be able to assist us and the City to bring these great facilities to reality and we encourage you to sign up as an interested party and attend a meeting. Please attach your contact to this comment sheet or speak to one of our representatives for further information. Name 7i Address 4 / Phone #S a Email LF a2/ Z t C f' / ? //y' uS . (4 Uwe would be interested in assisting the Chippawa Public Docks Committee E COMMENT ND 4 "4v o S 7//l Page 226 of 623 b 1 s ` - 3 .. P tip 6 t, B 4v i (2; c: r.J' K "S ` C (.. MI fit' t E anal 3 The CPDC was formed to over see the private sector responsibilities within a public /private partnership with the City of Niagara Falls and various other agencies to provide service enhancing facilities along the banks of the Welland River (aka Chippawa Creek) in Chippawa. Principally, these take the form of public dock and upland improvements that will allow waterside access for the public, including but not limited to; swimmers, visiting boaters, emergency personnel, fishermen and limited accessibility individuals. There are a number of ways businesses and individuals will be able to assist us and the City to bring these great facilities to reality and we encourage you to sign up as an interested party and attend a meeting. Please attach your contact to this comment sheet or speak to one of ur representatives for information. Name lf`ie-t- C Address 4Y 61//9? Phone #ry Email Uwe would be interested in assisting the Chippawa Public Docks Committee COMMENT cr-e 74 rise Page 227 of 623 The CPDC was formed to over see the private sector responsibilities within a public /private partnership with the City of Niagara Falls and various other agencies to provide service enhancing facilities along the banks of the Welland River (aka Chippawa Creek) in Chippawa. Principally, these take the form of public dock and upland improvements that will allow waterside access for the public, including but not limited to; swimmers, visiting boaters, emergency personnel, fishermen and limited accessibility individuals. There are a number of ways businesses and individuals will be able to assist us and the City to bring these great facilities to reality and we encourage you to sign up as an interested party and attend a meeting. Please attach your contact to this comment sheet or speak to one of our representatives for further information. 1 Name 1 Address r G r Phone # Email Uwe would be interested in assisting the Chippawa Public Docks Committee COMMENT 64 _ ( 1 r f-/c 0-1 1.A C 4 S / t .t ` Ci f cr s LL' / I C t: - i l i (` AC( G /c? L c Act Lv, /1 yerk-i fr, t/ c :r , G:i_ /'}-1 t'/ G /'L c" 4 l CSC_ G j 7 ; , C 7 zto Y r c a g l l f. 196.1/ e- E c/ -r-LL (`1) 7 ( e i5 C ,C/iS 1 "1r _ ff t ` C'c A.C Lir 1--) tpj F"'6 )((e- L( r tr'6 C1 CL7, / /0GILt.;ri Page 228 of 623 HH1:4 C , 0 K S COv kti 1 TT The CPDC was formed to over see the private sector responsibilities within a public /private partnership with the City of Niagara Falls and various other agencies to provide service enhancing facilities along the banks of the Welland River (aka Chippawa Creek) in Chippawa. Principally, these take the form of public dock and upland improvements that will allow waterside access for the public, including but not limited to; swimmers, visiting boaters, emergency personnel, fishermen and limited accessibility individuals. There are a number of ways businesses and individuals will be able to assist us and the City to bring these great facilities to reality and we encourage you to sign up as an interested party and attend a meeting. Please attach your contact to this comment sheet or speak to one of our repres for further information. Name A `',/l ` r :1)3 Address c,r c L! c Phone #L. ` l r' Email r ' i _:' ) ) / i 1 . • ) / tic 7 1 ( Uwe would be interested in assisting the Chippawa Public Docks Committee COMMENT f)/9" Page 229 of 623 3 p r: WA Pt . iBLIC D0 M ' iv i The CPDC was formed to over see the private sector responsibilities within a public /private partnership with the City of Niagara Falls and various other agencies to provide service enhancing facilities along the banks of the Welland River (aka Chippawa Creek) in Chippawa. Principally, these take the form of public dock and upland improvements that will allow waterside access for the public, including but not limited to; swimmers, visiting boaters, emergency personnel, fishermen and limited accessibility individuals. There are a number of ways businesses and individuals will be able to assist us and the City to bring these great facilities to reality and we encourage you to sign up as an interested party and attend a meeting. Please attach your contact to this comment sheet or speak to one of our representatives for further information. Name Q- 72 /7")_dre Address f-Pd ego i s& Li1 11/aG/lil /L_r cutp S C fjo. t CG? A_ a6- 3 Phone # Email ezec/c Cc cJc eCC • cCt 7?k,(2e2e ho1,n Corn Uwe would be interested in assisting the Chippawa Public Docks Committee Efr" COMMENT A,/m k kap cto p,a5 s, bile C /PO Page 230 of 623 MW- 2012 -18 NiagaraFgys March 27, 2012 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works SUBJECT: MW- 2012 -18 New Chippawa Public Dock Development RECOMMENDATION That staff be authorized to complete the engineering phase ($15,000) of the New Chippawa Boat Dock and the construction costs be considered in the 2012 Capital Budget deliberations. EXECUTIVE SUMMARY Approval of the recommendations are necessary to finalize engineering design for the new Chippawa public boat dock, commence construction and operate the facility. This project is a collaborative partnership between the Chippawa Public Dock Committee and the City of Niagara Falls. The Chippawa Public Dock Committee has been successful in fundraising the costs associated with the dock proper. The City funding commitment of 65,000 is necessary to address all site related requirements including parking, sewers, sidewalk links, emergency access, amenity space and shoreline erosion protection. The purpose of the new Chippawa public boat dock is to beautify the waterfront and provide tourists with additional opportunities to access the businesses of Chippawa. In addition, this dock would provide emergency service staff with better access to the Welland River. BACKGROUND On May 30, 2011 City Council endorsed report # MW- 2011 -20 Proposed New Chippawa Boat Dock. This report requested endorsement the boat dock concept plan in partnership with the Chippawa Public Docks Committee and provided City staff with direction to proceed with securing regulatory approvals along with additional design work. In addition this report stated the commitments by the Chippawa Public Docks Committee to fundraise 50,000 to cover costs associated with the construction of the physical dock. City staff have been in actively working with Ontario Power Generation (OPG) to secure necessary agreements to facilitate the public boat dock development. In addition, we anticipate that other required agreements /permits from regulatory agencies including Ministry of the Environment, Transport Canada and the Niagara Peninsula Conservation Authority will be achieved shortly. Since May 2011, the Chippawa Public Docks Committee has been able to raise funds through special events and a Trillium grant. Additional funding opportunities through the WaterSmart Program are also being pursued. Page 231 of 623 March 27, 2012 ANALYSIS /RATIONALE 2 - MW- 2012 -18 The purpose of the new Chippawa public boat dock is to beautify the waterfront and provide tourists with additional opportunities to access the businesses of Chippawa. In addition, this dock would provide emergency service staff with better access to the Welland River. Plans indicating the proposed location and design layout have been included as attachments #1 and #2. Through the development of the new Chippawa public boat dock and associated site works, the area will become a new waterfront park. As a result an opportunity will arise for naming this new waterfront park. With their funding in place, the Chippawa Public Docks Committee is anxious to start construction of public boat dock construction to achieve project completion during summer 2012. The City's share of the funding is needed to complete engineering design (Civil and Electrical) construction of site improvements. To meet the targeted project completion time line City staff need to progress directly to finalizing design details and issue a tender call. As a result staff are requesting through this report early approval of funding of the engineering phase of this project in the amount of $15,000. The construction phase could commence once the Capital Works budget it approved. FINANCIAL IMPLICATIONS This project has been identified in the proposed 10 year capital plan for Municipal Works and is included for Council deliberation in 2012 capital budget. The anticipated cost of the project (including external contributions) is estimated at $170,000, subject to the public procurement process. Costs Budget Engineering 15,000 Fundraising 40,000 Furniture /Equipment 60,000 Trillium Grant 15,000 Sitework /Landscaping 85,000 WaterSmart Grant 50,000 Contingency 10,000 City of Niagara Falls 65,000 Total 170,000 Total 170,000 LEGAL IMPLICATIONS Under the proposed arrangement the Chippawa Public Docks Committee would construct the physical dock to City of Niagara Falls requirements and sub - license the property for the dock from the City of Niagara Falls for a period of five (5) years. For the five (5) year period of the property sub - license, the City of Niagara Falls would lease the public boat Page 232 of 623 March 27, 2012 3 - MW- 2012 -18 dock from the Chippawa Public Dock Committee for a small nominal fee. This proposed arrangement has been developed to satisfy Trillium grant requirements. At the end of the five (5) year lease period, the Chippawa Public Dock Committee will convey the ownership of the public boat dock to the City of Niagara Falls. Maintenance operations of the dock will be provided by City Parks Services staff. Staff anticipate that these operations will be accommodated within existing resources. CITY'S STRATEGIC COMMITMENT Promote awareness and opportunities for active living by providing accessible recreational facilities and green space for Niagara Falls residents. Actively pursue economic development opportunities such as authentic eco and heritage tourism opportunities LIST OF ATTACHMENTS 1. New Chippawa Boat Dock Location Plan 2. New Chippawa Boat Dock Design Layout Plan Recommended by: Approved by: Geoff Holman /David Antonsen Geoff Holr1'ian, Director of Municipal Works Ken Tddd, Chief Administrative Officer Page 233 of 623 Page 234 of 623 Page 235 of 623 _<_:3.,._um_22... .an..5_._m: ®.r:u?.wa<m. 3.2:007%933.22.. _<:.mmomIo_3m:.E:mmm.B; _u_«mo3«0*_<_::_o_cm_<<o§m O322.32».um__w. 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MSa03395:3z_momE_um=mIE3awQoox«mumwm... 4.O._1>_:_uCZU_Z0Awcoomd ?twmm ?mmmw? 9mmkaam $2398 ?mmowi 983am ammoerou ??woo emm8o.oo 9mooobo $38.00 $23.8 w8.,...i.oo 3%m Page 237 of 623 Qw??m?m 2% 8mQ3353 xmocmmau wcummdw8m£.oo w:__Q.S@9.3039.Uoox$348.8 5%.?Sm?mzomozQoox$483um mmum_«m3aocx$mmmom.E 34>:mwmmogwo m:o1am_=mnmmsuo Wmcsaimman.qosmzosm<56oo__oo8a*9Emmmoosa25%oz_:<o:_mOwmmxmg.wo3m0+ Emmm33%<33cmma*95m183m...Ooox«mnmwm. ?mmwoosmmm_6mn_<com:Ba3:5oo33_:mmSémamEmoom?m2Em8_om:.w3Em 303mrUooxm.43¢oo33Emm35.3mvom:_<mUmsxUm_m:omE30:<5:cm58*9038 mxvmzazc?mm.__mU._.€.Sm:B:ommanoz.‘..:.E$n3_.mo$.<56:3E66:6oo33Emm a_mmo_<mmm__83m.SoEzqm<<cm338o<o_,80:.‘vmzsmn:50.2Qz_mmmS_nm__m. .25os?umému§__oUooxmoo33Eom_m35.5Em03.2z.memB....m=m2:e._38.8 801mm»Emczmxumo?maoom?0*5m_.mUm__d3Em3.03mwUoox<38:_m9:.m:o_.:m__. :5?<0:*9<05.amamzmmzwzmos3EHBmzmn mmmvmozcfs _\ Um:jdcw O:m_::m: O:_U_om<<m_u:u__oUooxmOo33Emm E53mmo-m?-m$m vmmmu. o:.u_om<<m_u:v__oUooxmOo33Eomsmmman.5.:oozmzcm8§o<_am30:588:6oo33c::<.Page 238 of 623 Department Municipal Works - Parks Priority (1-3)1 Chippawa Boat Ramp Park Phase 3 Project Name Included in 10 year y Capital Plan (y/n) Project I.D. #new Project Description Chippawa Public Boat Dock on Front Street. Reconstruction of dock from winter damage. Projected Start Date: YEAR YEAR YEAR YEAR YEAR 2018 2019 2020 2021 2022 Opening Balance-Jan 01 (surplus)/deficit - - - - - EXPENDITURES Engineering Fees/Design/Studies Land/Building/Furniture/ Equipment 17,000 Construction Roads Storm Sewers Water Sanitary Sewers Sitework/Landscaping Contingency Other Interest Expense TOTAL EXPENDITURES 17,000 - - - - FUNDING SOURCES Special Purpose Reserves Capital Holding Reserve 17,000 Reserve Fund Transfer from Operating Development Charges Debentures Gas Tax Provincial/Federal Grants External Contributions Interest Earned Other TOTAL FUNDING SOURCES 17,000 - - - - Closing Balance-Dec 31 (surplus)/deficit - - - - - Capital Budget Worksheet 2018 Page 239 of 623 1:11761:11761:11761:11761:11761:11761:11761:1176 Copyright 2018 City of Niagara FallsCopyright 2018 City of Niagara Falls June 2018 Page 240 of 623 V‘_s<<-~3m-: zmamuuuE?>:m:m.3.83n>..::; mmuoma3”_<_m<o«,_m3mm_<_.98a. ms;_<_m3cm«m9“Em_<_::_o_vm_00:30: 0.29.23%;._um__m.0:520 mcw_s_3m_um.<__<_c:_o_vm_<<o1Am mcw._mo.:_s<<-~o:EN c_oc>:wm3m..mm:n<1:3><m_.Emmm<<m_.23.<<w..m_.=..m=.. m%_m$:_2: ._m_omo:£333_<_ommmm?qmm» mmoo_s_smzu>.:oz \_.4:3Ooc:o__m:Eo:Nmma:8Eoammq<<_EEm332:5mamoo:m:coso:v:mmm3 E_m_8.o_.mormi“ N.4.3%EmN03Om_o:m_wcqmm?cmm3m:qmq6Eoiam8.§:§_2.EsamsmEEm 2505323.8908. mxmoc.:<mmc_<__s>_»< _<_c3o__om_<<o:$m?mmEm<mcmm:22:8<sEO__<_>Omsmam._:o.8am<m_ovmQmHm=mo_ msoimmasmamm?zEm:§__v8<Emmoom?-m:nmo:<mmo_S_o:8Em?mom::<Q.moo<m1ma mm<<m«_mmcmmo:._.E_&><m::m:03._m_owo:mimm?8_<_o_»mmm.:$.. wmwmqozEmoclm?Ems?:_mmm:3m»ma_Em.Emoosmrcoaozoom?mEaEmEouomma oo3E:mamm<<m.._<<m»m3,_m_:mag33am_o_mom3m_._$<5:cmmvc8x_3m»m_<Tbooboo. :_m?moo33m:qmqEm:Em830mv:m_9&9cmm3m:qma8EoramE_mEEQEQ. 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Armoozmgozozoo3co:m22Eav_.o_.mo»_mmw:3m8a8oom?§_o8_o8.:mm ?moo33m:umaEm»3m20%cmEzama:03:6Om_o_8__u:8omm_»mmm2mImm<<m: <<m8_.magmamamooocim.188_mmc3o_m:»Esozzom<m=mc_m8EngSW_o8_.mo~. o_._.<.mm._._»>._.mm_ooO_<=<=._._<_mz._. :5amoossjmzammozm3EmEco:m6oo:m_m83<58Oo::o___mmqmaeo_u:o&<8 moEm<¢Emmom_9..:.4mm::o88wcm8_:mE_:<. Em...om>._.._.>oI_<_mz._.m 9roomzoz_<_mu N._<_<<-mo$-$ w.88OmE8_9.83<<o2G:mm? Wwoonzsmaaoa3: GwenIo_3m:__u_«mo8_,9._<_c:_o__um_<<o28 _~mmcmn=.:__<w:c_3:.8% Xm:.38.033>o_3_:_m:m:<m0302 min_.m__ocm<®momxo_3m:Page 242 of 623 MW-2018-15 June 19, 2018 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works SUBJECT: MW-2018-15 Emergency Third Avenue Sewer Replacement Jepson Street to McRae Street RECOMMENDATION 1. That Council direct staff to commence engineering investigations 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. EXECUTIVE SUMMARY City staff recently discovered that the existing combined sewer on Third Avenue from McRae Street to Jepson Street is in extremely poor condition, with catastro phic failure imminent. In order to provide a timely solution and mitigate disruption to service, Municipal Works staff request funding in the amount of $100,000 to begin investigative work and to retain the services of an Engineering Consultant. The intent is to develop a detailed engineering design to reconstruct this failing section of sewer on Third Avenue which is considered to be beyond repair. City Staff will report back to Council to request funding for the project once the scope of the work is more accurately defined. BACKGROUND On May 22nd, 2018 City Operations staff responded to a report of a sink-hole in the roadway on Third Avenue between McRae Street and Jepson Street. Further investigation revealed that the sinkhole developed directly above the existing combined sewer on the street. CCTV inspection of the sewer was then completed and the report was received on June 5th. The inspection report identified major failure points throughout approximately 90m of the 125m segment of sewer. Some areas were observed to be on the verge of collapsing while others showed missing or already collapsed sections. Page 243 of 623 June 19, 2018 - 2 - MW-2018-15 ANALYSIS/RATIONALE In order to reduce the risk of potential sewer back-ups in this area, it is recommended to authorize funding for the engineering design work that will be necessary to provide a timely solution. Once the engineering design work has been completed, staff will report back to Council to request the anticipated construction funding. Upon approval of the construction funding, the project would then be tendered and awarded to the lowest bidder. At this time, staff recommends amending the 2018 capital budget to include $100,000 for the proposed detailed engineering design and geotechnical investigative work. FINANCIAL/STAFFING/LEGAL IMPLICATIONS This project is being commissioned in response to an unexpected situation and as such, dedicated funding is not included in the 2018 Capital Budget. Staff recommends that the capital budget be amended to include $100,000 to begin the necessary detailed engineering design work for this project. Further funding for the construction of a new sewer would be requested under a separate report to Council once the anticipated costs are known. It is recommended that this project be funded from the Capital Special Purpose Reserve – Sewer account. There is sufficient funding available to fund this project. CITY’S STRATEGIC COMMITMENT The recommendations in this report are consistent with Council’s Strategic Priority to achieve the goal of infrastructure sustainability. LIST OF ATTACHMENTS 1. Location Map 2. Sewer Inspection Photo 3. 2018 Capital Budget Worksheet Recommended by: Geoff Holman, Director of Municipal Works Respectfully submitted: Ken Todd, Chief Administrative Officer Eric Lallouet/Geoff Holman Page 244 of 623 Department MUNICIPAL WORKS Priority (1-3)1 Project Name Third Avenue Sewer & Watermain Replacement Included in 10 year y Capital Plan (y/n) Project I.D. # Project Description Reconstruction of Third Avenue from Jepson Street to McRae Street including a new combined sewer, watermain and road. Projected Start Date:Q3 2018 YEAR YEAR YEAR YEAR YEAR 2018 2019 2020 2021 2022 Opening Balance-Jan 01 (surplus)/deficit - 1,100,000 1,100,000 1,100,000 1,100,000 EXPENDITURES Engineering Fees/Design/Studies 175,000 Land/Building/Furniture/ Equipment Construction Roads 300,000 Storm Sewers Water 275,000 Sanitary Sewers 350,000 Sitework/Landscaping Contingency Other Interest Expense TOTAL EXPENDITURES 1,100,000 - - - - FUNDING SOURCES Special Purpose Reserves Capital Holding Reserve Reserve Fund Transfer from Operating Development Charges Debentures Gas Tax Provincial/Federal Grants External Contributions Interest Earned Other TOTAL FUNDING SOURCES - - - - - Closing Balance-Dec 31 (surplus)/deficit 1,100,000 1,100,000 1,100,000 1,100,000 1,100,000 Capital Budget Worksheet 2018 Page 245 of 623 MW-2018-18 August 14, 2018 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Municipal Works SUBJECT: MW -2018-18 Eton Crescent Sewer Separation and Watermain Replacement Tender Award - Contract No. 2018-454-17 RECOMMENDATION 1. The contract be awarded to the low bidder Cotton Inc. at the corrected tendered price of $258,170.52. 2. That the Mayor and City Clerk be authorized to execute the necessary contract documents. 3. That the 2018 Capital Budget be amended to reflect the additional costs associated with the completion of this project. EXECUTIVE SUMMARY City staff identified the need for a storm sewer on Eton Crescent to alleviate persistent surface flooding. The design was completed by City staff and includes the separation of the combined sewer via the installation of a new storm sewer and catchbasins, as well as the replacement of the existing cast iron watermain. The low tender price bid was received from Cotton Inc at the corrected tendered price of $258,170.52. As part of the City’s Infrastructure Renewal Program, funding for the Eton Crescent project was originally approved in the 2018 Capital Budget. The low tender price exceeds the budgeted cost. Staff recommend that the 201 8 Capital Budget be amended to reflect the additional costs and that the funding shortfall of $44,200 be allocated from the Capital Special Purpose Reserve. Construction may begin after August 20, 2018, and must be substantially complete by November 16, 2018. The construction is expected to take thirty (30) working days. Page 246 of 623 MW-2018-18 August 14, 2018 BACKGROUND City staff identified the need for a storm sewer on Eton Crescent to alleviate persistent surface flooding. The design was completed by City staff and includes the following new infrastructure: Separation of the storm and sanitary sewer, including the installation of approximately 74m of local storm sewers; The installation of new catchbasins and approximately 75m of catchbasin leads; The installation of approximately 66m of new swales; The transfer of easements to accommodate the future maintenance of one new catchbasin and the contributing swales; Replacement of the existing cast iron watermain, including the installation of approximately 82m of new PVC watermain; The replacement of the existing water services to the property line. The replacement of the existing hydrant; and Trench restoration. A location plan has been provided as Attachment 1. ANALYSIS/RATIONALE The project tender documents were picked-up by seven (7) construction firms and three (3) bid were submitted. The Tender Opening Committee, consisting of the Manager of Supply and Services, Dave Butyniec, and the Project Manager, Livia McEachern, opened tenders on Tuesday, July 24, 2018. The following is a summary of the totalled tender prices (excluding HST) from the contractor submissions, complete with corrections as noted. Contractor City Tender Price Corrected Bid Cotton Inc. Niagara Falls $258,135.39 $258,170.52 Peter’s Excavating Stevensville $279,391.00 - Provincial Construction Niagara Falls $281,510.57 - The low tender price was received from Cotton Inc. in the amount of $258,170.52. Cotton Inc. has successfully completed many projects of this scale within the Niagara Region and for the City of Niagara Falls; they are capable of undertaking and completing this project. Page 247 of 623 MW-2018-18 August 14, 2018 Construction may begin after August 20, 2018, and must be substantially complete by November 16, 2018. The construction is expected to take thirty (30) working days. FINANCIAL/STAFFING/LEGAL IMPLICATIONS As part of the City’s Infrastructure Renewal Program, funding for this project was approved in the 2018 Capital Budget. The low tender price exceeds the budgeted cost. Staff recommends that the 2018 Capital Budget be amended to reflect the additional costs associated with the completion of this project. If approved, the funding shortfall of $44,200, required for construction, shall be allocated from the Capital Special Purpose Reserve. A revised 2018 Capital Budget Sheet has been provided as Attachment 2. Furthermore, City staff has applied for and received a maximum of $52,760 in funding under the Niagara Region’s CSO Cost Sharing Program for 2018. To adhere to the requirements of the CSO program, procurement of approved funding is contingent on maintaining a construction start date consistent with the calendar year of the funding. Therefore, to be eligible to invoice for approved CSO funding, construction would be required to commence in the 2018 calendar year. CITY’S STRATEGIC COMMITMENT Implementation of this Capital Works project promotes Council’s Strategic Priority to establish infrastructure sustainability within the City. LIST OF ATTACHMENTS 1. Location Plan 2. Revised 2018 Capital Budget Sheet Recommended by: Geoff Holman, Director of Municipal Works Respectfully submitted: Ken Todd, Chief Administrative Officer Livia McEachern Page 248 of 623 MW-2018-18 Attachment 1 Location Map Eton Crescent Sewer Separation and Watermain Replacement N Page 249 of 623 MW-2018-18 Department MUNICIPAL WORKS Priority (1-3)1 Project Name Eton Crescent Sewer Separation Included in 10 year N Capital Plan (y/n) Project I.D. #New Project Description New Storm Sewer on Eton Crescent to provide proper drainage outlet for rear yards in cul-de-sac and watermain replacement Projected Start Date:Summer 2018 YEAR YEAR YEAR YEAR YEAR 2018 2019 2020 2021 2022 Opening Balance-Jan 01 (surplus)/deficit - 44,200 44,200 44,200 44,200 EXPENDITURES Engineering Fees/Design/Studies 18,000 Land/Building/Furniture/ Equipment 5,000 Construction Roads Storm Sewers 148,500 Water 114,300 Sanitary Sewers Sitework/Landscaping Contingency Other Interest Expense TOTAL EXPENDITURES 285,800 - - - - FUNDING SOURCES Special Purpose Reserves Capital SPR 241,600 Reserve Fund Transfer from Operating Development Charges Debentures Gas Tax Provincial/Federal Grants External Contributions Interest Earned Other TOTAL FUNDING SOURCES 241,600 - - - - Closing Balance-Dec 31 (surplus)/deficit 44,200 44,200 44,200 44,200 44,200 Capital Budget Worksheet 2018 REVISED Catherine Luey: 120,800 water unallocated 120,800 sewer unallocated Livia McEachern: Easement Transfer Legal Fees Livia McEachern: $52,760 approved in CSO funding pending a 2018 start. Carol Egerter: CSPR (Sewer) to be used for additional exp if req $44,200 Page 250 of 623 \\\\\._<_<<-~o:3o.>Z».83Zammmum?aseam :2 mmvoma._.O”_<_m<oa,_m3mm_<_.98% mag_<_m3UmamoaEm_<_::_m_vm_Ooc:o__ Q?9.z_mcmam_nm=m_0326 mcw_s_aamum<__<_::_o_Um_<<oaxm mcwgmmau_<_<<.No._m-._m _<_m<<c:aa.mamawaammWmu?omasmza_uao_.moacu&_.a mmoo_<=smzo>a_oz A.._.:mHEm_<_m<oamaaO_maxumm:Eoa_Nma.8manma38mm§ama_Oamammmumammo: _»mooa.maa:oa_o:>©amm3ma:<<_EOmsmamzzma_o:m__»m__<<m<Ooaa6m:<AOZVaoaEm amv_moma:m:a2Em_<_m<<U:aa.mamawaammwmaa N...,:m;mam:cmEamoamg8mama3.8mOozmcaa?mma<_omm>@amm3ma:<<_Em___m ma6Emma_aéEo.AmmcaoaEmooamamo?mo_a:_:_m:m:o:magEmvmomo:crmmm9.E_m vao_.monmaa m.._.:maEm_<_m<oama5_QmaxummcEoa_Nmq.8mxmoimm__am_m:mn_Qoocasmanm:mommmma< 6oo3u_mamEmUao_.moa. mxmoca_<mmc_s_s>_~< _<_:3o_um_<<oa_Gmam:EmmmQ<m:omaEm_<_m<<_u:a:momgwaaam_mmv_mom3ma:uao_.moa8 Emamzqmamaém?ommaamaao?mammEmoo33m:omaa.ma:2oozm?acomozEO?ocmaoaE_m <mma.._.:mHmaazm9.mcomam:maEm>mamm3m:»:m<m:92Emma.m:oommmac__<smmozmamg SE02.Eoaama8mmm_m.nmam:EEmma_3_a._m?am:o:oaEmoosmaacoaoznaoommm2<5:cm :mommmma<8maémmmEmmmasommoamoosmcasmma_m_:mma_aé33SEEmmxumammmaa mxumzmsom8o<mammmm_uao_.mQ2E_m:mEam. :5vcavomm2E_mammo:_m8mmmxOoc:o___mmcEoa_Nma_o:8mxmocamEm:mommwma<maamaQamammmvmamao:_»moo:m.aa:o:o:>mamma:ma:<<_Eozmaam_uaoammm_oa.m_ Ooa_m::Ecmmasomm>namm3ma:<<_Emm_8m__o<<aoaEmmo_<ma.om3ma_a2Emuao_.mo»8 EmooswaacomosUrmwm. w>nxmmo:zo Z.5asmmmsuoa.Zo<maaEma$3.N3905Ooca_o__mEuao<maEmamooa:aa.maama_o:mmma oiEammo:_<_<<-mo$-$Eamozzmman8ooa=._a3Em33.8ooasazzasmazm<<_EEm Page 251 of 623 -N-_s<<-~o$.$ 4.055cmzmmmm8-o:-Em-_.mxm_zmmmmammmm_o:magOmsmnzmzzm:o:m_22.2%Oo3um:<man8oo3Em8EmmsmimmzzmQmmas8am:92m::o8_1mo:_<_m<<c:Emamao<m~Em oz596. ._.Em>©«mm3m3<<_Eoz83oiEm1mwnmo:<m«mmuo:m_mm8..os3mB:_n_ oosmqcoaozEoomacqmmmagE86Bmmimsmsom2Em:m<<w::oE:m..26m?ama Oqmammmnmamaosmmoozmqcozoz>m«mm3m3EoaammOz.moo33:3m38cm<cc8 m\_.m358:_.o«Em:msm?m2E_wn8_.mow .260.2683mmmm_8csamnmxmEm%$__3m:©Emm1:©amm?smagEm_o8_.mo»:mm :92Emma_1m_mmmmo_8..385.._.:m53.08%mm:Em?co?c?mEocommg813$n8_.mo.m «mnrimmozooion:m_:<838.magEmvmogos83&8wcqmEmgmmasmmmc3E_o:wmam «mm__NmgEEmmma.Ucm8Em69568mxvmzmsommagmxnmammm?mmmm_.moo33m:aEo Em.mm.Ummzcmomq8oo3Em~mEmoozimo?mQ3_:_m:m2o:manoo:w::o.n_o:Emcmomoz ozEm03$.83;._.:mmmocm2Eammm6:3m3mxommgmEm:3:8a939 m_ouo_23m2magm_mo?mnaammmOosmcazm$258>@«mm3m28mm¢w€Em03$ Ucasmmmzc_uo__o<. >z>_.<m_m:~Z._o2>_.m ._.:m?msqm?Eoommmoo33m:oma>:o:m.H35.Bamag<<=_o_ommo:mmEm3_um«A3.M3m. 4.3mncmimaOo::mo8awc_u3§EoEm_o<<mmAca<5:cmmémamqEmoo::mQv8<Emq Emcaqomm:2mxommaEmmvv3<maOmu:m_mama.:.Em_o<<mm?cavzommxommamEm mnU_.o<mo_Om_o:m_mama.EmRama<5:cm%§§:3:Q20930:mnu8<mmm:m<< 338.8mzoomnos. zo2<_Em8:n::mEm38$EmzmnEmu8_.mQ_mmoEmq:_ma8oo33m:omo:Oo8vm<An. 83.:_mmxcmo?maEm"Emc8_.mQ<5:cmmo3v_m8QE.3m:3m2c<Emmsg2 zo<m3um«N39. .u_z>zo_>_Lma>1u_zmFmo>_.__s_u_._o>a_ozm :_mmsao?m?maEm:m__22.8,oom?mmmmoomm?ma<<.EEmmv8_.mo»om:Emoo3b_m8g<<_EE Emmv_u8<ma95%..msocamaQ3o:m_338:6cmamgc:mg_mammo:gm8__E©Em «magma<5:cmEmmmima8O3Oo::o__$9Em:oosmamaaos. o:<.mm:~>4mm_oOO_<=<=._._<_mZ._. ._.:m«moo33m:am¢o:_moosmmmnmi<<_EOoc:o=~mmEm8©_o32388mo:_m<m _3._.mm.::o.P:mm8§$c‘<man8v8<_n_m>oommmE_m.Oo:<m3m:.?magm.cw8Emw_m ?mzmuonmzos.Page 252 of 623 -u-_s<<-~c$-._m Em...O_u>._.._.>O_.=<__mZ._.m \_._u8commamzémroomao:Em: Wmmoosismzaoa.3: W QmomIo_3m:_Uwmonoq2_<_c:_o_vm_<<o%m _wmm_omo::=<m:_o3_:mo__ xm:3%.039.>o_3§_m:m:<mOaoma O.Io_3m:Page 253 of 623 Page 254 of 623 MW -2018-19 Attachment 1 – Mewburn Road Bridge Location Plan Mewburn Road Bridge Page 255 of 623 MW-2018-20 August 14, 2018 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Municipal Works – Cemetery Services SUBJECT: MW-2018-20 Approval of Cemetery By-Law Amendments RECOMMENDATION 1. That Council approve By-Law 2016-24 as amended and approved by Bereavement Authority of Ontario. EXECUTIVE SUMMARY On May 8 2018, staff presented to Council, proposed amendments to the existing Cemetery By-Laws 2018-24 which were required with the addition of the Green Burial Section. Additional housekeeping items (i.e. replaced Ministry with Bereavement Authority of Ontario) were also completed as part of the process. Since that time, cemetery staff has: completed the necessary public notification process and timeline required by legislation; completed the proposed amendments; and submitted and received approval through the Bereavement Authority of Ontario for the updated by- laws. BACKGROUND Cemetery By-Laws determine and present the policies that govern the administration, operation and maintenance of municipal cemeteries. The by -law is a useful public document outlining the rules and regulations concerning lot sales, interments, cemetery services, monument restriction, flower bed regulations, as well as the general administration and operation of the municipal cemeteries. A copy of Cemetery By -Laws is issued to the Interment Rights Holder upon purchase of a cemetery plot, columbarium niche and/or an order of an interment service. In the event that Cemetery Services add and/or modify services, options or regulations, the associated by-laws must be updated and approved through the Bereavement Authority of Ontario and ultimately City Council. Page 256 of 623 2 MW-2018-20 August 14, 2018 FINANCIAL/STAFFING/LEGAL IMPLICATIONS N/A CITY’S STRATEGIC COMMITMENT The recommendations in this report are consistent with Councils Strategic Priorities to continue the implementation of the Cemeteries Business Plan and to reduce the Municipality’s carbon footprint. LIST OF ATTACHMENTS 1. Approval from Bereavement Authority of Ontario & a stamped copy of the Amended By-Laws 2018-24 submitted for approval. Recommended by: Geoff Holman, Director of Municipal Works Respectfully submitted: Ken Todd, Chief Administrative Officer Page 257 of 623 Bereavement 100 Sheppard Avenue East,Suite 505,Toronto,Ontario,l\/IZN 6N5 Authority of Toll-free:L844-493-6356 Ontario Email:info@thel)aotca Wednesday,July 25“,2018 Licence No.3283399 THE CORPORATIONOF THE CITYOF NIAGARAFALLS C/o Mr.Mark Richardson,Manager of Cemetery Services/Municipal Works 4310 Queen Street /Cemetery Section,Box 1023 Niagara Falls,Ontario L2E6X5 Dear Mr.Richardson, Reg:Amended By—LawNo.2016-024 —All(Active &Inactive)Cemeteries which fall within The City Of Niagara Falls (below): Byer Cemetery (CM—O2593),Dell Cemetery (CM—O2584),Drummond HillCemetery (CM—02573),Fairview Cemetery (CM—O2574),Gonder Cemetery (CM—02586),Lampman Cemetery (CM—O2594)Lapp Family Cemetery (CM—O2587),Lundy‘s Lane Cemetery (CM-02576,Lundy‘s Lane United Cemetery (Lowell Avenue)(CM—02572), Lutes Cemetery(CM—O2583),Lyons Creek Cemetery (CM-02580),McCredie Farm Cemetery (CM—02591),Miller Cemetery (CM—O2592),Miller Cemetery (CM-02582),Redmond Cemetery (CM-05187),Stamford Green Columbian (CM-02579),Stamford Presbyterian Cemetery (CM-02575),Weaver Cemetery(CM—02589),Willick Cemetery (CM—02590),Willoughby United Church Cemetery (CM-02585),Youngs'(Young-Misener)Cemetery (CM—O2581) Thank you for submitting the documents below,which were received by the Bereavement Authority of Ontario on Wednesday July 18”‘2018 via email to the Registrar for approval: 0 Two (2)duplicate copies of your amended cemetery by—|aws(July 18”‘,2018) 0 Newspaper Notification (July 18"‘,2018) 0 Photos at the cemetery(ies)signed and posted (July 18"‘,2018) 0 List of monument dealers and their addresses that the cemetery by~laws were delivered to (July 18"‘, 2018) This document will be deemed approved and filed effective:Tuesday July 24”‘2018. For any future correspondence,please provide your cemetery operator’s licence number and site number’s directly on the cover letter. A copy of the endorsed by—lawshas been sent via email via regular mail at the address listed above. If you require further clarification,please feel free to Contact the undersigned. Page 258 of 623 Sincerely, Katia Di Franco BilingualComplaints Officer Bereavement Authority of Ontario I L’autorité des services funéraires et cimetiéres ole|’Ontario Phone:1-844-493-6356 ext.209 ]Email:katia.difranco@thebao.ca Enclosures —2 1)Approval Letter 2)One (1)Copy of Approved By-laws Page 259 of 623 7/ N iagarafalls CANADA Municipal Works Cemetery Services By-Law #2016 -24 Effective:March 22,2016 (Amended July 13,2018) Page 260 of 623 CITY OF NIAGARA FALLS By-law No.2016 —24 A by-law to establish rules and regulations for the City of Niagara Falls municipal cemeteries. WHEREAS The Corporation of the City of Niagara Falls owns cemeteries for the benefit of its residents; AND WHEREAS the Funeral,Burial and Cremation Services Act,2002,and its regulations imparts responsibility to the owners of cemeteries for their management, operation and care; AND WHEREAS section 150(1)of Ontario Regulation 30/11 under the Funeral,Burial and Cremation Services Act,2002,provides that the owners of cemeteries may make by-laws affecting the operation of the cemeteries; AND WHEREAS sections 8,9 and 10 of the Municipal Act,2001,authorize The Corporation of the City of Niagara Falls to pass by~|aws necessary and desirable for municipal purposes,and in particular paragraphs 5 through 7 of subsection 10(2) authorize by-laws respecting the economic,social and environmental well being of the municipality;the health,safety and well being of persons;and the provision of any service or thing that it considers necessary or desirable for the public; AND WHEREAS section 425 of the Municipal Act,2001,authorizes The Corporation of the City of Niagara Falls to pass by-laws providing that a person who contravenes a by- law of The Corporation of the City of Niagara Falls passed under that Act,is guilty of an offence; AND WHEREAS the Municipal Act,2001,further authorizes The Corporation of the City of Niagara Falls,amongst other things,to delegate its authority; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1.DEFINITIONS 1.1 “Act”shall mean the Funeral,Burial and Cremation Services Act,2002, (originally the Cemeteries Act (Revised),R.S.O.1990,c.C.4),as amended,and the regulations thereto. 1.2 "Buria|”shall mean the opening and closing of an inground Lot or Plot for the disposition of human remains or cremated human remains. 1.3 “By-law"shall mean the rules and regulations under which the Cemetery and all of its components,facilities and functions operate. Page 261 of 623 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 “Care and Maintenance Fund”means the trust fund in which a percentage of the purchase price of all Interment Rights and set amounts for Marker and Monument installations is contributed;and wherein the interest earned from such fund is used to provide care and maintenance of Lots, Plots,Markers,Monuments and structures at the Cemetery. “Cemetery”shall mean |and(s)set aside and approved for the interment of human remains as set out in Schedule “A"to this By-law. “Cemetery Services”shall refer to staff appointed by the City of Niagara Falls to operate and maintain cemeteries. “City"shall mean The Corporation of the City of Niagara Falls. “Columbarium”means a structure designed for the purpose of interring cremated human remains in Niches or compartments. “Contract”means the written form of agreement that is required to purchase Interment Rights and which details the obligations of both parties and acceptance of this Cemetery By-law. “Corner Stone”shall mean any object set flush with the surface of the ground and used to indicate the boundaries of a Lot or Plot. “Council‘’shall mean the Municipal Council of The Corporation of the City of Niagara Falls. “Cremains”shall mean human cremated remains. “Crypt"shall mean an individual compartment in a mausoleum for the inurnment of human remains. “Designated Space”shall mean the area of a Lot designated in writing, from time to time,for the geographic location of Monuments and Markers by the Manager of Cemetery Services. “FBCSA"shall mean the Funeral,Burial and Cremation Services Act,also referred to as “Act”as described above. “Fee Schedule”shall mean a list of prices of supplies and services maintained in accordance with the Act and as set out in Schedule “B”of this By-law. “Grave”(also known as “Lot”)shall mean any inground Burial space intended for the interment of a child,adult or cremated human remains. Page 262 of 623 1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25 1.26 1.27 1.28 1.29 1.30 1.31 1.32 “|nterment Rights"shall mean the right to require or direct the interment of human remains or cremated human remains in a Grave,Lot,Niche or Crypt and direct the associated memorialization. “lnterment Rights Certificate”shall mean the document issued by the City to the purchaser,once the lnterment Rights have been paid in full, identifying ownership of the lnterment Rights. “|nterment Rights Holder”shall mean any person designated to hold the right to inter human remains in a specified Lot. “Lot”shall mean a single Grave space. “Marker”shall mean any permanent memorial structure that is set flush and level with the ground,and used to mark the location ofa Lot/Grave. “Mausoleum”means a building or structure,other than a Columbarium, used as a place for the interment of human remains in sealed crypts or compartments within the Cemetery. “Monument”shall mean any permanent memorial structure projecting above the ground installed to mark the location of a Burial or Lot. “Niche”shall mean an individual compartment in a Columbarium for the inurnment of cremated human remains. “Plan”means the geographic plan of the Cemetery,as approved by the Bereavement Authority of Ontario. “Plot”shall mean a parcel of land,sold as a single unit,containing multiple Lots. “Register"means electronic or written records maintained by the City in accordance with the Act. “Registrar”means the Registrar approved under the Act. "Scattering”shall mean the act of spreading cremated remains over a designated area within a Cemetery with the knowledge and permission of the Manager of Cemetery Services,and in keeping with this Cemetery By- law. “Third Party Purchaser”means any person who purchases lnterment Rights or Scattering rights upon resale,in accordance with the provisions of this By-law and the Act. "Transfer"means to make a gift,bequest or other transfer of lnterment Rights without consideration,as may be permitted under the Act. Page 263 of 623 CEMETERY RULES,REGULATIONS AND GENERAL INFORMATION Hours of Operation 2.1 The Cemetery shall be open to conduct business as follows: 2.1.1 Office Hours:Monday -Friday,8:00 a.m.to 4:00 p.m.; 2.1.2 Burial Hours:Monday -Saturday,9:00 a.m.to 3:00 p.m.;and 2.1.3 Sundays and Holidays (Office and Burials):10:00 a.m.to 2:00 p.m.,strictly by appointment. Payments and Fees 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 The fees required for Cemetery services shall be as set out in Schedule “B”to this By-law. All payments shall be made at the Cemetery Office at Fairview Cemetery. Interment service fees will be increased by twenty-five (25)percent for all non-residents of the City of Niagara Falls. A fee will be charged for the exchange or Transfer of Interment Rights pursuant to this By-law. No interment services or supplies shall be furnished until all required payments have been received in full by the City. No Certificate of Interment Rights shall be issued until thirty (30)days after payment has been received in full. A fee will be charged for a disinterment pursuant to this By-law. An additional charge will apply for interments held on any legal holiday,or on a Sunday. All fees,including the Marker Care and Maintenance Trust Fee,must be paid in full prior to the installation of a Monument or Marker. Funeral Directors shall be responsible for advising their clients of potential funeral late charges and all applicable surcharges. No tips or gratuities are to be given to City Staff by visitors or Interment Rights Holders,nor shall any City Staff accept any. Page 264 of 623 Appointments and Cemetery Staff 2.13 The Chief Administrative Officer of the City shall appoint a Manager of Cemetery Services who shall,with the assistance of such other employees and contractors of the City as required,perform the following duties: 2.13.1 observe and undertake all of the provisions and requirements of this By-law and the Act; 2.13.2 attend to the regular and proper administration,maintenance and operation of the Cemeteries;and 2.13.3 perform such other duties as may,from time to time,be required. General Conduct 2.14 2.15 2.16 2.17 2.18 2.19 The City shall operate,manage and maintain the Cemeteries. City Staff shall preserve order and decorum in each Cemetery. Any person disturbing the quiet and good order of the Cemetery by noise or other improper conduct or who violates this By-law may be expelled from the grounds. The City may,at its sole cost and expense,correct any error caused by the City in administering interments or burials including,without limiting the generality of the foregoing,errors in describing lots or the Transfer or conveyance of any Interment Rights.When performing such a correction, the City may take whatever actions,in the sole discretion of the Manager of Cemetery Services,it deems appropriate including,without limiting the generality of the foregoing,canceling a grant or substituting other interment Rights for those granted in error,by substitution of a Lot of reasonably equal value,or refunding all money paid on account for the transaction involving the error. In any circumstance in which the Manager of CemetewServices intends to exercise the authority to correct errors described above in section 2.17 of this By-law,he or she shall provide such notice to any affected interment Rights Holder or other affected persons,as is reasonable in the circumstances. The City may remove any article that is detrimental to efficient maintenance or constitutes a hazard to machinery,employees or visitors, or is unsightly,or does not conform to the natural beauty or design of the Cemetery. Page 265 of 623 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 2.34 Any article so removed pursuant to section 2.19 above,will be held at the Cemetery for collection.If not collected,it will be disposed of after thirty (30)days. Where there is any doubt as to the interpretation and application of this By-law or the Plan,the interpretation of City Staff shall govern. In the application and administration of this By—|aw,all procedures and undertakings will be conducted in accordance with applicable provincial and federal regulatory instruments and requirements. No person shall enter the Cemeteries except through an established entrance. No person shall enter or be within any Cemetery before dawn or after sundown. Sections 2.23 and 2.24 do not apply to members of any police service,a fire service or other emergency service and do not apply to City Staff. No person may damage,destroy,remove or deface any property within the Cemetery including,but not limited to,Markers,Monuments,artifacts, fences,railings,gates,trees,shrubs,plants orflowers. No person shall deposit rubbish on the grounds of Cemeteries except in the receptacles provided. No person shall play any game of sport on Cemetery property. No person shall organize,participate in,or permit a picnic of any kind on Cemetery property,without the express written permission of the Manager of Cemetery Services. No person shall organize,participate in,or permit a parade other than a funeral procession or other procession to honour the dead,within the Cemetery,without the express written permission of the Manager of Cemetery Services. No person shall discharge any firearms on Cemetery property,except at military funerals. No person shall bring any alcoholic beverages upon Cemetery property. No person shall solicit work of any kind upon Cemetery property. All visitors shall be fully clothed at all times. Page 266 of 623 2.35 All visitors should conduct themselves in a quiet manner that shall not disturb any service being held. By-Law Amendments 2.36 The Cemetery shall be governed by this By-law,and all procedures will comply with the FBCSA and Ontario Regulation 30/11,and any amendment or replacement thereof. 2.37 Every amendment of this By-law must be: 2.37.1 published at least once in a newspaper with general circulation in the locality in the City; 2.37.2 conspicuously posted on a sign at the entrance of the Cemetery; and 2.37.3 delivered to each supplier of Markers or Monuments who has delivered a Marker or Monument to the Cemetery during the previous year,if the By-law or By-law amendment pertains to Markers,Monuments or their installation. 2.38 This By-law and any amendments thereto are subject to the approval of the Registrar,Bereavement Authority of Ontario (BAO). Liability 2.39 The Manager of Cemetery Services and City Staff will not be held liable for any loss or damage,without limitation (including damage by the elements,acts of God,or vandals),to any Lot,Plot,Columbarium Niche, Mausoleum Crypt,Monument,Marker,or other article that has been placed in relation to Interment Rights,save and except for direct loss or damage caused by gross negligence of the City. Public Register 2.40 The City shall maintain an electronic and/or written public Register pursuant to the provisions of Section 110 of Ontario Regulation 30/11 and any amendment or replacement thereof. Pets or Other Animals 2.41 No person shall permit any domesticated animal to enter or remain in any Cemetery. 2.42 Section 2.41 shall not be interpreted so as to exclude any trained guidance or other care animal while that animal is actively providing guidance or care to a person. Page 267 of 623 2.43 No person shall bury the remains of an animal in a Cemetery. Vehicular and Pedestrian Traffic 2.44 2.45 2.46 2.47 2.48 2.49 2.50 2.51 When operated within a Cemetery,motor vehicles shall travel exclusively over or upon the paved roadways of a Cemetery. Motor vehicles shall not be operated within a Cemetery at a speed greater than twenty (20)kilometers per hour. Any form of wheeled or mechanized transportation including,without limiting the generality of the foregoing,bicycles,roller blades and skateboards,when ridden or operated within a Cemetery,shall be ridden, used or operated exclusively upon or over the paved roadways of the Cemetery. When walking,jogging or running within a Cemetery,pedestrians shall walk,jog or run exclusively upon or over the paved roadways of the Cemetery. All-terrain vehicles or snowmobiles may not be operated within a Cemetery for the purpose of amusement. Any person travelling through a Cemetery must obey the instructions of City Staff and any traffic signs posted or erected by the City. Sections 2.44 to 2.49 of this By-law constitute the Cemetery traffic regulations. No person shall engage in conduct which is contrary to the Cemetery traffic regulations. Right to Re-Survey and Re-Configure 2.52 The City may,at any time,re—survey,enlarge,diminish,re—p|ot,change or remove plantings,grade,close pathways or roads,alter in shape or size, or othenivise change all or any part of the Cemetery,subject to approval of the appropriate authorities. Gifts to the Cemetery 2.53 All trees and structural gifts such as benches,birdbaths and sundials,as donations or elements in a donated area,must be approved by the Manager of Cemetery Services and become the property of the City. Once installed,donated structures cannot be removed,painted or adjusted,in any way or form,by individuals.They are located at the approval of the Manager of Cemetery Services,although every effort will be made to accommodate the request(s)of the donor.The donation is Page 268 of 623 recognized for the lifetime of the plant or item.The City accepts no responsibility for damage,loss or replacement of any donated items. INTERMENT RIGHTS 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 Subject to availability of Lots,Interment Rights may be purchased from the City.The rates for Interment Rights include the portion specified by the Act for deposit to the Cemetery’s Care and Maintenance Fund. Purchasers of Interment Rights acquire only the right to direct the Burial of human remains and the installation of Monuments,Markers and inscriptions,subject to the conditions set out in this Cemetery By-law.In particular,without limiting the generality of the foregoing,an Interment Right is not any form of real property right. Upon payment in full,the City shall provide each purchaser of Interment Rights with: 3.3.1 a copy of the Contract; 3.3.2 a copy of the Cemetery By-law;and 3.3.3 a Certificate of Interment Rights or Scattering rights. In accordance with this Cemetery By-law,no Burial,inurnment,or installation of any Monument,Marker,inscription,or memorlalization is permitted until the Interment Rights have been paid in full. An Interment Rights Certificate will be issued to the Interment Rights Holder thirty (30)days after payment has been made in full. Minors will not be permitted to purchase Interment Rights unless legally identified as the head of the family. No person shall purchase Interment Rights or Scattering rights for the sole or primary purpose of reselling the rights with a view to making a financial gain.The Interment Rights or Scattering rights may not be sold to Third Party Purchasers for more than the price set out in the then current tariff or Fee Schedule,as the case may be. An Interment Rights Holder wishing to resell their Interment Rights must first advise the Manager of Cemetery Services of their intention,prior to seeking a third party buyer for their Interment Rights.The City (i.e. Manager of Cemetery Services)reserves the first right of refusal to repurchase the Interment Rights. In cases of Transfer by Will or bequest,the Manager of Cemetery Services shall have the right,in his or her sole discretion,to require the Page 269 of 623 3.10 3.11 3.12 3.13 10 production of a notarized copy of the Will or other evidence sufficient to prove ownership. Any lnterment Rights which are sold by the City and not used for interment purposes after a twenty (20)year period may be considered abandoned. The City may apply to the Registrar appointed under the Act for a declaration that the lnterment Rights are abandoned,after making inquiries and giving reasonable notices to find the lnterment Rights Holder or beneficiaries.Upon being satisfied the rights are abandoned,the Registrar shall issue a declaration to the effect.If there is no appeal by the end of the time period allowed for appeal,the City may resell the lnterment Rights. internment Rights will be held solely in the name of one person. Cemetery Staff will make reasonable efforts to accommodate testamentary directions of rights holders provided such testamentary directions do not conflict with any statutes,rules and regulations including, without limiting the generality of the foregoing,the rules and regulations set out in this By—|aw. Persons requesting interments in Lots shall be held responsible for charges incurred,as agreed to in the Contract. Cancellation of lnterment Rights within thirty (30)Day Cooling-Off Period 3.14 3.15 if an lnterment or Scattering has not taken place,the purchaser has the right to cancel an lnterment Rights Contract within thirty (30)days of signing the lnterment Rights Contract,by providing written notice of the cancellation to the Manager of Cemetery Services. The Manager of Cemetery Services will,in turn,refund all monies paid by the purchaser within thirty (30)days from the date of the request for cancellation. Cancellation of lnterment Rights after the thirty (30)Day Cooling-Off Period 3.16 3.17 Upon receiving written notice of cancellation from the purchaser of the lnterment Rights,the Manager of Cemetery Services will cancel the Contract and issue a refund to the purchaser for the amount paid for the Interment (or Scattering)Right,less the appropriate amount that is required to be deposited into the Care and Maintenance Fund. This refund will be made within thirty (30)days of receiving said notice of cancellation.If the lnterment Rights Certificate has been issued to the lnterment Rights Holder,the Certificate must be returned to the Manager of Cemetery Services,along with the written notice of cancellation. Page 270 of 623 3.18 11 If any portion of the Interment Rights has been exercised,the purchaser, or the Interment Rights Holder,is not entitled to cancel the Contract or resell the Interment Rights. Resale of Interment Rights after thirty (30)Day Cooling-Off Period 3.19 3.20 3.21 3.22 3.23 Unless the Interment Rights have been exercised,the purchaser retains the right to cancel the Contract or resell the Interment Rights. Once payment for the Interment Rights has been made in full,and an Interment Rights Certificate has been issued,the Interment Rights Holder, as recorded on the Cemetery records,has the right to resell the Interment Rights. Any resale of the Interment Rights shall be in accordance with the requirements of this Cemetery By-law and in keeping with the FBCSA. If any portion of the Interment Rights has been exercised,the purchaser, or the Interment Rights Holder is not entitled to resell the Interment Rights. The City reserves the first right of refusal to repurchase the Interment Rights. Resale of Interment Rights to a Third Party 3.24 3.25 An Interment Rights Holder must first offer the Interment Rights to the City.If the City does not wish to repurchase the Interment Rights,the Interment Rights may be sold privately to a third party for no more than the current price listed on the Cemetery price list,as long as the sale or Transfer is conducted through the City (i.e.Cemetery Services)and the purchaser meets the qualifications and requirements as outlined in the City's Cemetery By-law. The Interment Rights Holder intending to sell his or her right shall provide the following documents to the City,so that the Manager of Cemetery Services can confirm the ownership of the right and provide the Third Party Purchaser with the required Certificate,etc.: 3.25.1 an Interment Rights Certificate endorsed by the current rights holder; 3.25.2a written statement of the number of Lots that have been used in the Plot and the number of Lots that remain available;and 3.25.3any other documentation in the Interment Rights Holder's possession relating to the rights. Page 271 of 623 3.26 3.27 3.28 3.29 12 The Third Party Purchaser will be provided with the following documents by the Manager of Cemetery Services: 3.26.1 an Interment Rights Certificate endorsed by the current Interment Rights Holder; 3.26.2 a copy of the Cemetery’s current By—|aw; 3.26.3 a copy of the Cemetery’s Fee Schedule; 3.26.4a written statement of the number of Lots that have been used in the Plot and the number of Lots that remain available;and the Interment Rights Ho|der’s3.26.5any other documentation in possession relating to the rights. The Manager of Cemetery Services will: 3.27.1 require a statement signed by the Interment Rights Holder selling the Interment Rights,acknowledging the sale of the Interment Rights to the Third Party Purchaser; 3.27.2 require confirmation that the person selling the Interment Rights is the person registered on the Cemetery records and that he or she has the right to resell the Interment Rights; 3.27.3 record the date of Transfer of the Interment Rights to the third Party: 3.27.4 require the name and address of the Third Party Purchaser;and 3.27.5 issue a statement of any money owing to the City in respect to the Interment Rights. Once the endorsed Certificate and all required information has been received from the Interment Rights Holder,the Manager of Cemetery Services will issue a new Interment Rights Certificate to the Third Party Purchaser. Upon completion of the above listed procedures,and upon the issuance of the new Interment Rights Certificate,the Third Party Purchaser or transferee(s)shall be considered the current Interment Rights Holder of the Interment Rights,and the resale or Transfer of the Interment Rights shall be considered final in accordance with this Cemetery By—|awand the FBCSA. Page 272 of 623 3.30 13 The Third Party Purchaser will be required to pay an administration fee for the issuance of a duplicate Certificate in accordance with the current Cemetery Fee Schedule. Care and Maintenance Fund Contributions 3.31 3.32 As required by sections 166 and 168 of Regulation 30/11,a percentage of the purchase price of all Interment Rights,and a prescribed amount of Twenty—Five Dollars ($25.00)where there was no Scattering rights sold, and a prescribed amount for Monuments and Markers,is contributed into the Care and Maintenance Fund.Income from this fund is used to provide only general care and maintenance of the Cemetery.Contributions to the Care and Maintenance Fund are not refundable except when Interment Rights are cancelled within the thirty (30)day cooling off period. If a Lot/Plot,originally purchased before 1955,is sold privately to a third party,a contribution to the Care and Maintenance Fund will be collected from the new owner in Two Hundred Dollars ($200.00)annual increments for each interment and/or inurnment conducted,until such time as forty percent (40%)of the current market value of the Lot/Plot has been contributed into the Care and Maintenance Fund. INTERMENTS,INURNMENTS,SCATTERING AND DISINTERMENTS lnterments,lnurnments and Scattering 4.1 4.2 4.3 The Interment Rights Holder must provide written authorization prior to a Burial,Scattering,or an inurnment taking place.Should the Interment Rights Holder be deceased,authorization must be provided in writing by the person authorized to act on behalf of the Interment Rights Holder,i.e. Estate Trustee or Executor. In the absence of an Estate Trustee and/or Executor,the City will recognize the following people,in the order of preference,as being the “personal representative”of the Interment Rights Holder: 4.2.1 spouse of the deceased; 4.2.2 children of the deceased (if more than one child,all must agree); grandchildren of the deceased if no child is living (if more than one grandchild,all must agree);and 4.2.3 great—grandchi|dren of the deceased if no child or grandchild is living (and so on if there is a lineal descendant). 4.2.4 If the deceased has no children,the order of preference is: Page 273 of 623 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 14 4.3.1 the father of the deceased; 4.3.2 the mother of the deceased; 4.3.3 the brothers and/or sisters of the deceased; 4.3.4 the grandparent or grandparents of the deceased;and 4.3.5 the uncles,aunts,nephews,nieces and great grandparents of the deceased. A Burial Permit issued by the Registrar General or equivalent document showing that the death has been registered with the province must be provided to the Cemetery Office prior to a Burial taking place.A Certi?cate of Cremation must be submitted to the Cemetery Office prior to the Burial of cremated remains or Scattering of cremated remains taking place. In those circumstances where the party requesting the interment activity is unable to provide evidence of ownership,the Manager of Cemetery Services may require the party requesting the interment to sign a waiver saving the City harmless from all subsequent claims from such interment activity. In accordance with the FBCSA,the purchaser of Interment Rights must enter into a Cemetery Contract,providing such information as may be required by the Manager of Cemetery Services for the completion of the Contract and the public Register,prior to each Burial or inurnment of human remains,or each Scattering of cremated human remains. lnterments shall take place only if weather and ground conditions permit, in the sole discretion of the City. All interment scheduling is conducted by the City,based upon location, weather,City Staff availability and the number of services requested by the Interment Rights Holder. The City shall be given three (3)days’notice for ordering the opening of an interment (in—ground or Niche)of human remains or Scattering of cremated human remains. The opening and closing of Graves,Crypts and Niches or the Scattering of cremated remains may only be conducted by Cemetery Staff or those designated to do work on behalf of the Cemetery. The Scattering of cremated remains may only be completed within designated areas of the Cemetery. Page 274 of 623 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 15 Cremated remains shall not be scattered on a Grave. A Scattering rights Contract must be completed and the payment of the Scattering fee must be received before the Scattering of cremated human remains can take place. Once scattered,cremated remains cannot be retrieved. All funerals within the Cemeteries shall be under the jurisdiction of the Manager of Cemetery Services.No funeral service shall be held and no interment,inurnment or Scattering shall be made in Cemeteries on New Year’s Day,Good Friday,Easter Sunday or Christmas Day,unless ordered by the Medical Officer of Health or otherwise approved by the Manager of Cemetery Services. Neither the City nor the Manager of Cemetery Services or City Staff shall assume any responsibility for errors in the location of an interment site that is a result of improper instructions by the Interment Rights Holder,or his or her designate. No Interment Rights Holder shall change the grading of any Lot,and in the case of any such change,the City may restore the Lot to its original grade at the expense of the Interment Rights Holder. No unauthorized person shall sod or move Corner Posts or Grave Markers. Implements or materials used in doing any work within the Cemetery shall not be left unattended and may be removed by the City,if so found. No interment equipment,except that provided by the City,shall be used, except that where Burial vaults and liners are used,same shall be installed by a supplier who shall use his own equipment.An outer case/vault/liner must be installed at least five (5)hours before the interment service takes place.The supplier shall be responsible for any damage to the grounds or casket caused due to the supp|ier’s equipment or operator error. Multiple lntermentsllnurnments 4.21 4.22 4.23 Only one (1)full Burial per Lot is allowed. Extra depth or double depth Burials are not permitted in any Cemetery unless othen/vise permitted by the Manager of Cemetery Services. Up to four (4)Cremains may be interred in a Cremains Plot. Page 275 of 623 16 4.24 Up to five (5)Cremains may be interred in an adult single Lot if no full body Burial takes place. 4.25 Up to four (4)Cremains may be interred on top of an already existing full body Burial. 4.26 Only one (1)Cremains interment is permitted on top of an already existing full body Burial in a Veteran Lot. Scattering 4.27 Scattering shall take place within the confines of the “Remembrance Garden"and “Memorial Woods"Scattering areas at Fairview Cemetery. Cremains shall be scattered or placed in the ground without the use of urns or containers of any kind. 4.28 No person shall place,install or otherwise locate a Monument,urn,Marker or other object,other than Cremains,within the "Remembrance Garden" or “Memorial Woods”. Disinterment 4.29 4.30 4.31 4.32 4.33 4.34 Human remains may be disinterred from a Lot provided that the written consent (authorization)of the Interment Rights Holder has been received by the Manager of Cemetery Services. All disinterments shall be in accordance with the Act and its regulations.A Burial Certificate under the Vital Statistics Act is not required to reinter human remains that have been disinterred in accordance with the Act and its regulations. Disinterments shall be arranged through a funeral director.The local Medical Officer of Health must be notified before the removal of casketed human remains may take place. Funeral Directors are responsible for the scheduling of all disinterments and all costs relating thereto including,casket/urn/vault removal and urn/vault sealing and resealing,together with any and all costs charged by the Niagara Regional Health Unit for its approval of the disinterment and its attendance upon same. A certificate from,and/or notification to,the local Medical Officer of Health is not required for the removal of cremated remains. Any flush or upright Markers or Monuments designating the location of an interment shall be removed from the Burial site at the time a disinterment is made.The expense shall be borne by the Interment Rights Holder. Page 276 of 623 4.35 17 In special circumstances,the removal of human remains may also be ordered by certain public officials without the consent of the interment Rights Holder and/or next of kin.Unless otherwise ordered by the Coroner's Office,the disinterment of human remains shall only be performed between May 1st and November 1st of each year and when conditions,in the opinion of the Manager of Cemetery Services,are suitable to guarantee that a safe removal can take place. MONUMENTS,MARKERS,STATUES AND FOUNDATIONS Monuments and Markers 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 The Interment Rights Holder shall be permitted to erect a Monument and maintain a flower bed in accordance with the provisions of this By-law at any time after having received an Interment Rights Certi?cate from the City. No memorial or other structure shall be erected or permitted on a Lot until all charges have been paid in full. No Monument,footstone,Marker or memorial of any description shall be placed,moved,altered,or removed,without permission from the Manager of Cemetery Services. The Manager of Cemetery Services will take reasonable precautions to protect the property of Interment Rights Holder,but it assumes no liability for the loss of,or damage to,any Monument,Marker,or other structure,or part thereof. The regulations governing Monuments and Markers shall be as set out in Schedule “C"to this By-law. No person shall install,erect or permit the installation or erection of a Monument or Marker that does not comply with any provision of this By- law or the regulations governing Monuments or Markers,as set out in Schedule “C"to this By-law. Should any Monument or Marker present a risk to public safety because it has become unstable,the Manager of Cemetery Services shall do whatever he or she deems necessary by way of repairing,resetting,or laying down the Monument or Marker or any other remedy so as to remove the risk. The Manager of Cemetery Services reserves the right to remove,at its sole discretion,any Marker,Monument,or inscription which does not comply with the regulations governing Markers and Monuments or which is not in keeping with the dignity and decorum of the Cemetery. Page 277 of 623 5.9 5.10 5.11 5.12 5.13 5.14 5.15 18 A Monument,private mausoleum,or other structure shall be erected only after the specific design plans have been approved by the Manager of Cemetery Services including,dimensions,material of structure, construction details,and proposed location. No Monument shall be delivered to the Cemetery for installation until the Monument foundation has been completed,and the interment Rights Holder and/or Monument/Marker retailer have been notified by the Manager of Cemetery Services. Minor scraping of the base portion of a Marker due to Cemetery operations is considered to be normal wear and tear and is not compensable. Markers for installations will be accepted at the Cemetery during normal hours of operation.If weather and ground conditions permit,installations will be made within twenty (20)working days of acceptance. Markers will not be accepted from any Monument dealer for storage during the winter months. Marker installation will be completed between April 30th and November 1st,unless the installation of an individual Marker is expressly approved in writing by the Manager of Cemetery Services. All photographs attached to any memorials or placed within the Cemetery grounds shall be the sole responsibility of the owner.Photographs which are loose or are of a nature,or placed in a manner,unfitting for the Cemetery,may be removed by the City. FLOWER BEDS AND DECORATIONS Lot Decorations and Flower Bed Borders 6.1 6.2 6.3 No person shall plant trees,flower beds or shrubs in the Cemetery without the express approval of the Manager of Cemetery Services. Flowers placed on a Grave for a funeral shall be removed by the Cemetery Staff after a reasonable time to protect the sod and maintain the tidy appearance of the Cemetery. The City reserves the right to regulate the articles placed on Lots or Plots that pose a threat to the safety of all Interment Rights Holders,visitors to the Cemetery,and Cemetery employees;prevents the City from performing general Cemetery operations;or are not in keeping with the respect and dignity of the Cemetery.Prohibited articles will be removed and disposed of without notification. Page 278 of 623 6.4 6.5 6.6 6.7 6.8 19 Prohibited articles include,but are not limited to,articles made of hazardous materials including,but not limited to,non-heat resistant glass (excludes glass attached to Monuments),ceramics,or corrosive metals; loose stones or sharp objects;trellises or arches;chairs or benches;and flammable materials. The City reserves the right to inscribe all Niche fronts or install all lettering, vases,adornments,or any other approved attachment. Those who place potted plants or urns are responsible for their upkeep and must remove them by September 30th of each year,failing which the City will have them removed. Lot decorations established on a Lot or Plot prior to the adoption of this By-law which have become unsightly by reason of neglect or age,or interfere with the maintenance and operation of the Cemetery,shall be removed if the Interment Rights Holder has failed to return the Lot/Plot to good condition after having received three (3)months’notice. Borders are installed at the Interment Rights Holder’s own risk and shall remain at the interment Rights Holder’s own risk throughout the operational life of the border.Due to maintenance and the general operation of the Cemetery,Staff will not be responsible for breakage or damage of any kind. Plant Materials 6.9 6.10 6.11 6.12 6.13 Neither the City nor City Staff shall be responsible for any damage or removal of plant materials. Planting and maintenance of flower beds is the responsibility of the interment Rights Holder,and flowers,trees,bushes,etc.are planted at the risk of the interment Rights Holder. Bushes,shrubs,trees,unsightly plant material,or Lot decorations that are obstructing a Monument;are encroaching on an adjoining Lot;or are a hindrance to the maintenance and operation of the Cemetery will be removed at the discretion and direction of the Manager of Cemetery Services.Where possible,the Interment Rights Holder will be notified in advance of the removal. Lot decorations and plant material are placed in a Plot or single Lot at the risk of the Interment Rights Holder.Cemetery Staff and/or the City are not responsible for any damage or removal. The Flower Bed Standards and Regulations shall be as set out in Schedule “D”to this By—|aw. Page 279 of 623 20 6.14 No person shall install flower beds or permit the installation of flower beds that do not comply with any provision of this By-law or the regulations governing flower beds as set out in Schedule “D”to this By-law. CONTRACTOR/MONUMENT DEALER BY-LAWS 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 Any contract work to be performed within the Cemetery requires the written preapproval of the Interment Rights Holder and the Manager of Cemetery Services,before the work may begin. Preapproval is required for work including,but not limited to,landscaping, delivery of Monuments and Markers,and undertaking inscriptions,designs and drawings on Monuments and Markers. Plans and detailed speci?cations relating to the work,proof of all applicable government approvals and permits,and the location of the work to be performed must be provided by the contractor prior to performing said work. It is the responsibility of all contractors to report to the Cemetery Office and provide the necessary approvals before commencing work at any location on the Cemetery property. Prior to the start of any said work,contractors must provide proof of (any or all may apply depending on your specific operation): 7.5.1 WSlB coverage; 7.5.2 Occupational Health and Safety compliance standards; 7.5.3 Environmental Protection; 7.5.4 WHMIS;and 7.5.5 evidence of liability insurance of not less than Five Million Dollars ($5,000,000). This Cemetery By-law applies to all contractors and all work carried out by contractors within the Cemetery grounds. Contractors,Monument dealers and suppliers shall not enter the Cemetery in the evening,weekends or statutory holidays,unless approval has been granted by the Manager of Cemetery Services. No work will be performed at the Cemetery except during the regular business hours of the Cemetery. Page 280 of 623 7.9 7.10 7.11 7.12 7.13 7.14 7.15 21 Contractors shall temporarily cease all operations if they are working within one hundred (100)metres of a funeral until the conclusion of the service.The City reserves the right to temporarily cease contractor operations,at its sole discretion,if the noise of the work being performed by the contractor is deemed to be a disturbance to any funeral or public gathering within the Cemetery. Contractors,Monument dealers and suppliers shall lay wooden planks on the Burial Lots and paths over which heavy materials are to be moved,in order to protect the surface from damage.Costs for repair of damages will be at the expense of the contractor,worker or supplier. All implements and materials used in the performance of any work shall be placed as directed by the City,and all rubbish and surplus earth or materials shall be removed when,and to where,and in such manner as the City may direct. in the event the City's directives are not followed,the obstructions may be removed at the contractor’s,worker's or supp|ier’s expense. If any person or company desires to set a flat Marker,they must make written arrangements as to time of installation with Cemetery Staff.A representative of the City must supervise all work,and the installer shall pay to the City,the prescribed installation fee as established in the Fee Schedule. All workers in any capacity within the Cemeteries,whether as Monument dealers,vault suppliers,funeral directors,etc.,are subject to the direction and control of the Manager of Cemetery Services. Any person working without the permission or authorization of the Manager of Cemetery Services,or in contravention of this By-Law,will be removed from the Cemetery property. ENFORCEMENT AND PENALTIES 8.1 8.2 In the event any provisions of this By-law are deemed invalid or void,in whole or in part,by any court of competent jurisdiction,the remaining terms and provisions shall remain in full force and effect. Where a specific penalty is not provided for an offence under the Act,any person who contravenes any of the provisions of this By—|awshall,upon conviction,be liable for a fine as provided for in the Provincial Offences Act,R.S.O.1990,c.P.33,as amended. Page 281 of 623 10. 22 REPEAL AND EFFECTIVE DATE 9.1 9.2 By-law Nos.2000-254,2001—251and 2003-104,of The Corporation of the City of Niagara Falls are hereby repealed. This By-law shall take effect upon approval of same by City Council and the Minister of Consumer and Business Relations,Province of Ontario. GREEN/NATURAL BURIAL SECTlON(S) 10.1 10.2 10.3 10.4 10.5 Green/Natural Burial Site:the green/natural burial section of the cemetery has been designed and implemented in a way that demonstrates regard for the natural state of the earth,landscape and accompanying elements. Each green/natural burial lot allows for one interment right for human remains. The Body:the deceased must be free from embalming solutions. Grave Opening Preparation:graves are identified only by a numbered marker.Cemetery Services will take all reasonable precautions to open the grave in the least disturbing manner to the surrounding environment. Graves will not be dressed with decorative cemetery greens unless a request is made for this service.Cemetery Services will provide a rough cut (i.e.wildflowers and grasses cut no lower than ten inches from the ground)pathway to the grave. Casket or Container for Full Body Interment:the casket,shroud or representative container specified for burial of human remains shall be;1. Composed of sustainable and fully biodegradable fibers or materials.2. Free of non-biodegradable resins,glues or bonding agents.3.Composed of interior finishing fabricated from biodegradable fibers or materials.4. Free from high gloss finish lacquers,paints or prepared surfaces that are non-biodegradable.5.Free of any interior liner,bag or wrapping that is fabricated from a non-biodegradable material.6.Free of any memento, article or personal belonging that is composed of non-biodegradable materials.7.Fashioned to include a supportive bottom that is stable and strong enough to be transported and placed on a grave set-up lowering device.The supportive bottom must be similarly made from sustainable and biodegradable materials. Container for Cremated Remains Interment:the representative container speci?ed for burial of cremated human remains shall be;1.Composed of sustainable and fully biodegradable fibers or materials.2.Free of non- biodegradable resins,glues or bonding agents.3.Composed of interior finishing fabricated from biodegradable ?bers or materials.4.Free from high gloss finish lacquers,paints or prepared surfaces that are non- biodegradable.5.Free of any interior liner,bag or wrapping that is fabricated from a non-biodegradable material.6.Free of any memento, Page 282 of 623 10.6 10.7 10.8 10.9 10.10 10.11 23 article or personal belonging that is composed of non-biodegradable material. Containers:in addition,interment containers said to be of primary composition of plywood,particleboard or any other non—sustainab|e/non- biodegradable materials are prohibited from use in the green/natural burial section.The Manager of Cemetery Services,or authorized representative,will have ultimate decision on approval of a casket,shroud or representative container for an interment in a green/natural burial section. interment Process:the interment will take place as a direct burial. Cemetery Services will lower the interment container into the earth by means of a standard lowering device.Earth will be either available on site or brought grave side to complete the interment.Efforts will be made to return the same earth back into the grave as was excavated. Witnessing the interment:the Manager of Cemetery Services may limit the number of witnesses to an interment service in the green/natural burial section due to any reason of preserving the environmental sanctity or health and safety of those persons attending the interment.All attendees will be under the supervision of Cemetery Services during the interment proceedings. Unrecoverable Status:interred human remains or cremated human remains shall be considered non-recoverable from the interment date,and Cemetery Services shall have no obligation to recover the remains unless ordered by the provisions of legislation,regulation or court document.in the case of the Cemetery Services being ordered to recover human remains or cremated human remains,the Manager of Cemetery Services will hold the authorizing party accountable for all fees associated with the work performed. Re-establishing the Burial Site:the burial site will be allowed to naturally settle over time.The earth will be over—seeded with a recognized wildflower seed mix after the interment process is completed and thereafter with re-establishment of soil grade levels through the natural settlement process.Where possible,native trees and shrubs will also be planted.At the discretion of the Manager of Cemetery Services,families may request for a native “Memorial Tree"to be planted on,or near to the lot. Memorializationz for green/natural burial,the practice of individual memorialization will not be permitted.A communal memorial stone that is sourced naturally will be used to establish simple inscriptions.All inscriptions must be approved by the Manager of Cemetery Services,or authorized representative,before being inscribed on the communal Page 283 of 623 10.12 10.13 11. 11.1 24 memorial stone.Each inscription will follow sequentially with one line provided for the name of the deceased and one line for the year of birth/death of the deceased.No emblems or design elements will be inscribed beyond the name and dates named above.Every inscription will be uniformly directed by the Manager of Cemetery Services in regard to lettering size,font and occupied space.All inscriptions will be processed by Cemetery Services in terms of timing of work,establishing the contractor used to perform the work and fees for service. Keeping a Clear Site:no other memorials,flowers,articles or personal effects may be left behind at the green/natural burial section.Any said flowers,articles or personal effects found in the green/natural burial section will be removed and stored by Cemetery Services for collection.If not collected,it will be disposed of after thirty (30)days.Cemetery Services retains the right to limit access to pedestrians or vehicles into the green/natural burial section in keeping of the environmental sensitivities within the site. Maintenance of the site:no regular maintenance will be performed on the green/natural burial site.The wild flower mix may be mowed,or a prescribed burn may be implemented,to control the invasion of non-native species and promote the health of native species.The site will be left to naturally evolve and develop with minimum disturbances.Native trees and shrubs may be planted at the discretion of the Manager of Cemetery Services.No watering or fertilizing will take place of the seeded areas. The Manager of Cemetery Services will have ultimate authority to manage,maintain and alter the interment areas,communal memorial stone and pathways at his/her sole discretion. GENERAL The Schedules “A”through to and including “D”to this By-law are to be read as and shall form part of this By—|aw. Passed this eighth day of May,2018. WILLIAMMATSON,CITY CLERK First Reading: Second Reading: Third Reading: Amended: JAMES M.DIODATI,MAYOR March 22,2016 March 22,2016 March 22,2016 July 13,2018 Page 284 of 623 SCHEDULE “A” Municipal Cemeteries Inventory The City of Niagara Falls administers,operates and maintains a number of Active and Non-active Cemeteries within the City limits. Active Cemetery:Interment Rights are sold and/or burials continue to take place. Non-active Cemetery:The Cemeteries Act,Section 62,Chapter 57 (1970),requires that abandoned cemeteries become the responsibility of the municipality in which they are situated.Interment Rights are no longer sold and burials no longer take place, however the cemetery continues to be maintained by the City. The following inventory lists the City's Active and Non-active cemeteries: ACTIVE CEMETERIES CEMETERY NAME LOCATION All Saints Church Cemetery Robinson St.&Grey Ave. Fairview Cemetery Stanley St.&Morrison St. Lundy’s Lane Cemetery Lundy’s Lane &Montrose Rd. (lot 132) Stamford Green Heritage Portage Rd.&Brooks St. Columbarium (Old St.John’s Anglican Church) Stamford Presbyterian Burial St.Paul St.&Brock St. Grounds Drummond HillCemetery Buchner Place at Drummond Rd. Weaver Cemetery Willick Rd.at Sodom Rd. (lot 19,(zone.3) Willoughby United Congregational Sauer Rd.&Ort Rd. Church Cemetery Page 285 of 623 NON ACTIVE CEMETERIES CEMETERY NAME LOCATION Byer Burial Ground Bossert Rd.at Niagara Pkwy. (lot 8,cone.1) Dell Cemetery Reixinger Rd.at Willodell Rd. (lot 7,conc.BF) Gonder Burial Ground Willoughby Dr.at Sherk Rd.—across Miller Creek (lot 6,cone.1) Lampman Burial Plot Garner Rd.at Shriners Creek Lapp Cemetery Detenbeck Rd.at Niagara Pkwy (lot 11,cone.1) Lundy’s Lane United Church Cemetery Lundy’s Lane &Lowell Ave. Lutz Burial Ground Miller Rd.at Niagara Pkwy (lot 15,cone.1) Lyon's Creek Cemetery Old Lyon’s Creek Rd.&Schisler Rd. (lot 2,cone.4) McCredie (Misoner)Burial Plot McCredie Rd.at Willodell Rd. (lot 13,cone.7) Miller(1)Cemetery 9841 Niagara Pkwy (lot 17,NPC Sew.Rd.26) Miller (2)Burial Ground Montrose Rd.at Ridge Rd. (lot 1,cone.7) Willick Burial Ground Detenbeck Rd.&Sodom Rd.-near Willoughby Town Hall (lot 11,conc. 3) Redmond Burial Ground Lundy‘s Lane &Hanan Ave. Young Cemetery Grassy Brook Rd.at McKenny Rd. (lot 10,conc.BF) Page 286 of 623 CEMETERY SERVICES FEE SCHEDULEi/*City of Niagara Falls Niagarafhlls c\,\\u\ INTERMENTRIGHTS (Lot Sales) CEMETERY FEE C &M TRUST FEE Cemetery Services TOTAL CHARGE TOTAL 13%HST INTERMENTRIGHTS (Niche Sales -Maple Grove &Stamford) NICHE LEVEL A &B CEMETERY FEE C &M TRUST FEE Adult Single Lot 885.43 590.28 1,475.71 191.84 1,667.55 Preferred Adult Single Let 1,020.43 680.28 1,700.71 221.09 1,921.80 "P"Section -Adult Single Let 1,035.43 690.28 1,725.71 224.34 1,950.05 "P"Preferred Seotion -Adult Single Lot 1,170.43 780.28 1,950.71 253.59 2,204.30 LUNDY'S LANE Adult Single Lot 1,485.43 990.28 2,475.71 321.84 2,797.55 LUNDY'S LANE Preferred Adult Single Loi 1,620.43 1,080.28 2,700.71 351.09 3,051.80 Adult Two Lot Plot 1,770.85 1,180.57 2,951.42 383.68 3,335.10 Preferred Adult Double Lot 2,040.85 1,360.57 3,401.42 442.18 3,843.60 "P"Section -Adult Two Lot Plot 2,070.85 1,380.57 3,451.42 448.68 3,900.10 "P"Preferred Section —Adult Double Lot 2,340.85 1,560.57 3,901.42 507.18 4,408.60 LUNDY'S LANE Adult Two Lot Plot 2,970.85 1,980.57 4,951.42 643.68 5,595.10 LUNDY'S LANE Preferred Adult Double Lot 324035 2,15o_57 5,4o1_42 702,13 6,103,530 Child/Infant Single Lot (Fairview)—Size:3'X5'24325 155,50 413,75 53,79 467,54 Cremation Plot (Four Lots)549.97 366.65 916.62 119.16 1,035.78 Preferred Cremation Plot 68497 456.65 1,141.62 148.41 1,290.03 LUNDY'S LANE Cremation Plot 1,149.97 766.65 1,916.62 249.16 2,165.78 Cremation Scattering (Care &Maintenance)25,00 z5_oo 325 2315 One Time Care &Mtnce Fee **Per L0I (grave)200,00 200,00 26.00 226.00 TOTAL CHARGE TOTAL FEE 13%HST Single Niche -Stamford Green Only 427.41 284.94 712.35 92.61 804.96 Double Niche 659.86 1,649.65 214.45 1,864.10 NICHE LEVEL 0 -F Single Niche -Stamford Green Only 539.89 359.92 899.81 116.98 1,016.79 Double Niche 1,124.76 749.84 1,874.60 243.70 2,118.30 INTERMENTRIGHTS (Niche Sales -Primrose &Perriwinkie Only) NICHE LEVEL A &B CEMETERY FEE C &M TRUST FEE TOTAL CHARGE TOTAL FEE 13%HST Double Niche 764.84 509.89 1,274.73 165.71 1,440.44 NICHE LEVEL C -F Double Niche 1of4 854.82 569.88 1,424.70 185.21 1,609.91 I Effective August 1st,2018 Page 287 of 623 //*‘CEMETERY SERVICES FEE SCHEDULE Niagara q]I L \u\ City of Niagara Falls Cemetery Services RESIDENT -INTERMENT SERVICES CEMETERY To-I-AL (Burial Fees)FEE 13%HST CHARGE Adult Casket Burial 1,476.75 191.98 1,668.73 Child/Infant Casket Burial 39e_14 51 _75 449_go Cremains Urn Burial 453.65 58.97 512.62 Cremains —SCATTERING -REMEMBRANCE GARDEN 231.59 30.11 261.70 Cremains—SCATTERING —MEMORIALWOODS 79.31 10.31 89.62 Cremains —Partial 79.31 10.01 89.32 Interment Cancellation -Casket 475_s6 51,36 537_72 Interment Cancellation -Urn 19828 2513 224_o5 INTERMENT SERVICES CEMETERY 130/HST TOTAL (Niche lnurnments)FEE °CHARGE RESIDENT -Single lnurnment 35330 47_34 NON RESIDENT -Single lnurnment 4e0_oo 5930 Double Cremain lnurnment*10152 1320 Dis—lnterNiche Urn 134_oo 23_g2 DIS-INTERMENT SERVICES Dis—interment Only * *Administration fee for the 2nd inurnment if taking place at the same time as the first and in the same Niche CEMETERY FEE 1,726.50 TOTAL CHARGE 1,950.95 13%HST Dis—interment &Re—interment 3,203.00 3,619.39 Cremains Dis—interment Only *703.65 795.12 Cremains Dis—interment &Re—interment *Remains are removed from Municipal Cemetery INTERMENT SURCHARGES Late arrival Scheduled after 3:00 pm Mon-Satl2:OO p.m.Sunday &Holiday 1,157.30 1,307.75 CEMETERY FEE 110.62 TOTAL CHARGE 125.00 13%HST 14.38 Sunday &HolidayCasket Burial —Scheduled between 11 :00 a.m.&2:00 p.m 840.71 109.29 950 00 l 39.82 5.18 45.00 79,65 10.35 90.00 575.22 74.78 650.00 1,150.44 149.56 1,300.00 17.70 2.30 20.00 TOTAL CHARGE 2EMETERY FEE 500.00 500.00 2,000.00 2,000.00 2,750.00 2,750.00 550.00 550.00 :EMETERY TOTAL FEE 13%HST CHARGE 25.44 3.31 229.09 29.86 400.00 52.00 125.90 16.50 79.31 10.31 126.90 15.50 71.38 9.28 GLASS —Single Niche-Stamford’Green GLASS —Double Niche-Stamford Green BRONZE PLATE —Single Niche-Stamford Green BRONZE PLATE -Double Niche-Stamford Green Key FOB (extra)Stamford Green CEMETERY &PARK MEMORIAL PROGRAM Memorial Tree with 4"X2 1/2"name tag Memorial Bench with 3"x 6"plate installed on back of bench Memorial Bench with bronze plaque (8"x 10")8.stand Memorial Marker —Maple Grove Memory Lane (includes inscription) FOUNDATION [MARKER [INSTALLATION SERVICES Concrete Foundation Per Cublic Foot -Supply &Install Foundation Installation (Minimum Charge) Foundation Removal Veteran Upright Marker Setting Small Flat Marker Setting Under 172 Square Large Flat Marker Setting Over 172 Square Inches Corner Markers Setting (Per set of 4) Page 288 of 623 W CEMETERY SERVICES FEE SCHEDULE City of Niagara Falls Niagara Ealls Cemetery Services CEMETERY TOTAL ADMINISTRATION SERVICES FEE 13%HST CHARGE Interment Rights Transfer Interment Rights Exchange Interment RightslSe||Back Interment Rights Replacement/Duplicate Cremains Urn Burial -Double (Admin.FeeL*COMPANIONURN* Cemeie Records Search chare er hour) CEMETERY TOTAL NICHE MEMORIAL PRODUCTS FEE 13%HST CHARGE 1 ,O00.00BRONZEWREATH-Maple Grove |1U .00 I 'lJ.UU |'na.fJ0 __ 20930 2600 22530 I Upright Marker Including Base Over4 Feet HighlLong I I I I Effective August 1st,2018 3 Of 4 Page 289 of 623 /CEMETERY SERVICES FEE SCHEDULE\City of Niagara Falls Niagal-a ""3 Cemetery Services l\\\IJ\ Notes: A)interment I Disinterment Services 1)All Committal Service scheduling is at the approval of the Cemetery Services based on location,weather,staff availability 8.the number of services requested. 2)Monday to Saturday interment Services (except on Statutory or City Holidays)may be scheduled between 9:00 a.m.&3:00 p.m. only. 3)Sunday 8.Statutory Holiday interment Services may be scheduled between 11:00 a.m.&2:00 p.m.An interment surcharge will apply- 4)A "Scheduled"Funeral Late Arrival &other interment surcharges will apply as indicated in the Cemetry Fee Schedule — "Interment Surcharges". 5)Funeral late arrivals (arriving after the scheduled time)will be subject to an additional "Funeral Crew Standby"fee. 6)Funeral Directors are responsible for advising families,in advance,of potential funeral late charges &applicable surcharges. 7)Dis-interments may be scheduled from May 1st to November 1st only and at the discretion of the Cemetery Manager or designate. 8)The Funeral Director is responsible for the scheduling &all related costs for disinterments including: -casketjurn/vault removal —vaultlurn unsealing &resealing —Niagara Regional Health Unit Approval and Attendance 9)One Time Care 8.Maintenance Fee is charged for an interment (Full Body or Cremation)that takes place in a lot (grave)that was purchased priorto 1955. 10)For persons who do not reside in the City of Niagara Falls,interment Service Fees will be increased by 25%. B)Interment Right Sales 1)The Interment Rights Holder owns the interment rights to a single lot,plot and/or niche.The Interment Rights Holder must abide by the regulations stipulated in the Cemetery By—law,including the installation of a monument,maintenance of a ?owerbed or other memorialization. 2)The Interment Rights Holder may transfer,exchange or sell—backa plot,single lot or niche at any time before an interment takes place.If the above Interment Rights have not been used,the Purchaser may,in writing to the City within thirty (30)days from the signing of the contract,cancel this contract and receive a full refund.Following thirty (30)days,the Purchaser willbe eligible for a full refund less the Care &Maintenance Fees. C)Resale/Transfers The Rights Holder may resell unused lots/plotslniches to the City of Niagara Falls for a refund of the current Cemetery Fee.Rights Holder may also resell unused lots/plots/niches privately.The City reserves first right of refusal for all resell/sell back of Interment Rights (i.e.lots,plots and niches).Alldocuments pertaining to the original sale must be returned to the Cemetery of?ce.An administration charge will apply,in accordance with the current Cemetery Fees Schedule. D)Payment Interment Rights (lot sales)must be paid in full before any burial andlor memorialization can take place. Payment for a burial service (casket,cremation,niche,scatter)is due the day of the service.Credit Card,Debit,Cheque are the only acceptable methods of payment. E)Inquiries All inquiries or concerns should be received in person at the Fairview Cemetery office,on Stanley Avenue,Monday through Saturday 8:00 a.m.to 4:00 p.m.,or by calling (905)354-4721 Monday through Friday B:0Oa.m.to 4:00pm.Saturday appointments must be made at least 48 hours in advance.Mark Richardson,Manager of Cemetery Services 4 of 4 Effective August 1st,2018 Page 290 of 623 10. SCHEDULE “C” MONUMENT AND MARKER PROCEDURES AND REGULATIONS A maximum of one Monument per Lot/Plot shall be erected within the Designated Space on any Lot/Plot,unless otherwise approved by the Manager of Cemetery Services. Flat Markers must be installed so that the top is level with the ground. Foundations are poured between April 1st and November 1st of each year. Foundations are not required for Markers and pillow/bevel Monuments where a base is less than seventy-six point two centimetres (76.2 cm.)or thirty inches (30 in.)X thirty-five point ?ve six centimetres (35.56 cm.)or fourteen inches (14 in.) and base and die is no higher than seventy-one point one two centimetres (71.12 cm.)or twenty-eight inches (28 in.)inclusive. Where a foundation is not required,stone dust must be placed under the Marker or Monument to a minimum depth of ten point one six centimetres (10.16 cm.)or four inches (4 in.). All Monuments,bases and Markers must be made of natural stone. The minimum thickness for flat Markers,including footstones,is ten point one six centimetres (10.16 cm.)or four inches (4 in.). Wooden crosses are only allowed on a temporary basis of up to one (1)year and must not exceed the height and width of the allowed Monument for the applicable Plot. Candleholders and vases may constitute part of a headstone Marker if they are made principally of bronze or stainless steel.If a translucent section is necessary,it must be made of unbreakable,heat resistant glass or of a plastic material that is fire resistant.In addition: a.candleholders are included in determining the overall size of the Marker; b.a maximum of two candles or vases may be placed on the base of a Monument and must be centered on the ends of the base; c.a candleholder must be adequately drained to prevent any collection of water;and cl.candleholders must be fully enclosed on all sides by a door or lid. Statues may only be placed at the sides of a Monument and must be secured to the base. Page 291 of 623 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. Statue dimensions shall not extend more than fifteen point two four centimetres (15.24 cm.)or six inches (6 in.)above the Monument and shall not extend past the width of the base dimensions. Statues shall be constructed of bronze,Kozmolux or a similar non—deterioratlng material. A Plot boundary may be distinctly defined by Corner Stones,set at each corner of the Plot. Corner Stones shall be allowed only in those sections of the Cemeteries designated for double Plots or more. The Corner Stones shall be constructed of granite only,with a flat surface,and must be placed level with the ground.The size of each Corner Stone must be thirty-eight point seven one square centimetres (38.71 sq.cm.)or six square inches (6 sq.in.). All Corner Stones shall be installed by authorized City Staff at the expense of the lnterment Rights Holder.The charge to install Corner Stones is set out in the Cemetery Fee Schedule. A proper foundation is required prior to the installation of any Monument. All foundations for Monuments and Markers shall be built by,or contracted to be built for,the Manager of Cemetery Services at the expense of the lnterment Rights Holder. Foundations shall be made of concrete and extend to approximately one point two two metres (1.22 m.)or four feet (4 ft.)below the ground.Foundations shall be as long as the Monument base,or longer if required by the Manager of Cemetery Services. Foundations shall only be constructed between April 1st and October 30th of each year,unless otherwise ordered by the Manager of Cemetery Services. The City is not responsible for any theft or vandalism to Monuments,Markers or Lot decorations of any kind. A “Marker Care and Maintenance”trust fee,as determined by the Province of Ontario,will be charged for Monuments/Markers,as set out in the Cemetery Fee Schedule.This one-time fee is placed in a Trust Fund “to maintain,secure and preserve the cemetery,its grounds and buildings and the equipment used for purposes of maintenance,security and preservation.”(Cemetery Act Revised, 1990.)Fees to be charged are as follows: Page 292 of 623 23. 24. a.no charge for a Marker or base measuring less than one thousand and one hundred and sixteen point one three square centimetres (1,116.13 sq. cm.)or one hundred and seventy—three square inches (173 sq.in.); b.$50.00 fee for a Marker and pillow Monument measuring greater than one thousand and one hundred and sixteen point one three square centimetres (1,116.13 sq.cm.)or one hundred and seventy-three square inches (173 sq.ln.); c.$100.00 fee for an upright Monument measuring less than one point two two metres (1.22 m.)or fourfeet (4 ft.)in height;and d.$200.00 fee for an upright Monument measuring greater than one point two two metres (1.22 m.)or fourfeet (4 ft.)in height. Inscriptions on the backs of monuments will be restricted to the family names, unless written permission for additional text is granted by the Manager of Cemetery Services or their authorized representative. The following pages provide the maximum dimensions for Monuments and Markers that are allowed in the Municipal Cemeteries.The Monument and base size cannot exceed the dimensions indicated for the specific Lot (i.e.Cremains Plot,infant Lot,single Lot,double Plot).The dimensions as set out in this Schedule “C”constitute the regulations governing the dimensions of Monuments and Markers. 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(‘-M0921)_u9 fwmnqz).m .EmE:co_>_Owco::u_umc_umzsozmEm m._mv__m_>_uoou_\um_u_?mm:yo:m_HLMCQDtEwE:co_>_30___n_._0_m>mm”mEwE::o_>_um>o.:Emgwfo .._.mI+Oomm.Hww».wucmcmE_m$_MEmu mm>?m.._:cw._:o:m_uc:ou_ gm:Esommd:8E5.95.Eeommdam.%:sEeoms=3“EBB: 5::Eeomu:3Em95.Epsom:=852;E58::853¢ _mco_m:mE_n_Ewc.:Eo_>_E:E_xm_>_ mm.:EmEm.uzutminmmi.Eo-EEmw.3.3$3.23¢sm.::.Su u»CwC.:.:.._O—>_E._m_._QDIuOE@3300 Page 299 of 623 oz63mu:m:mE_m_>_wEmu ?msumcoum$3oz__um:_:Um:cozmwcsou _uc:o_w2:r_u_>>L3:vw__£mc_ ?zzEeoos3Em9.2E582=3522E58,:__m“BE _mco_m:mE_Q_wv_._m_>_ _mv_\_m_>_Eon. ._.mI+omm”mucmcB:_mS_wEmu twatwcoum33oz_um::cm:m:o_um_u::ou_ 939mm?.5:5?n:uw_Bm:_ v_u_.tAEEOQS3tam.mco_AEEOOE=3.mE>>E583:3um_u_ “m:o_mcmE_n_._wv:m_>_ ?o_n_w_n__._._.umw?soo.m_mc_mI_mv_._m_>_um_n_ 2 Page 300 of 623 SCHEDULE “D” FLOWER BED STANDARDS AND REGULATIONS Flower bed dimensions are as follows: a.Single Lot -dimensions will not exceed forty-five point seven two centimetres (45.72 cm.)or eighteen inches (18 in.)in front of a Monument, by the length of the Monument only.Plant material,including bushes,are not permitted at the sides of a Monument. b.Double Plot or more —dimensions will not exceed forty-five point seven two centimetres (45.72 cm.)or eighteen inches (18 in.)in front of the Monument and thirty-five point five six centimetres (35.56 cm.)or fourteen inches (14 in.)on either side of the Monument. c.Cremains Plot or infant/baby Lot -dimensions will not exceed thirty point four eight centimetres (30.48 cm.)or twelve inches (12 in.)in front of the Monument,by the length of the Monument only.Plant material,including bushes,are not permitted at the sides of a Monument. d.Cremains Lot (Section 5a Fairview)-plant material,potted plants and ornamental structures of any kind are not permitted in this section. Only concrete borders,measuring no higher than seven point six two centimetres (7.62 cm.)or three inches (3 in.)above the ground,will be allowed to enclose a flower bed. Miniature or dwarf size bushes,shrubs,or trees are permitted on either side of a Monument in a double Plot or more.The plant material must not exceed zero point nine one four four metres (O.9144 m.)or three feet (3 ft.)high nor extend past the flower bed dimensions,at maturity.Rose bushes of any kind are not permitted. Borders,plant material and decorations are not permitted behind a Monument. The border shall not extend past the designated dimensions of the flower bed and shall be no higher than seven point six two centimetres (7.62 cm.)or three inches (3 in.)above the ground. Hanging baskets may be placed flush to a Monument,but shall not extend past the flower bed dimensions. Flowerbeds must be cleared of tender plants prior to September 30th of each year. All baskets,clay pots or other receptacles must be removed from the Cemetery no later than November 30th of each year. Page 301 of 623 10. 11. 12. 13. 14. 15. 16. Memorial wreaths and/or seasonal decorations may be placed in the Cemetery on or after November 30th of each year. Wreaths and/or seasonal decorations must then be removed annually no later than April 1st.Those not removed by April 1st will be removed and disposed of by the City without noti?cation. Artificial flowers are permitted provided they are placed in spiked containers placed immediately adjacent to the Marker and properly maintained and not detrimental to the general maintenance of the Cemetery. No decorations are permitted at the foot Marker. Vases,urns and flower stands not properly cared for and not filled with plants by June 30th of each year may be removed by the City from the Lot and any stand, holder,vase or other receptacle for flowers deemed unsightly or unsuitable may be prohibited and/or removed by the City. Potted plants and planters are permitted,but must be set on concrete pads placed immediately adjacent to the Marker. Artificial flowers placed in Columbarium Niche vases must not extend past the height and width of the Niche. Lot decorations that are considered to be a safety hazard to the public,including but not limited to wire and/or plastic fencing,oversized and falling shepherd hooks,thorny shrubs,ornamental stones and rocks,etc.,will be removed without notice to the interment rights holder. Page 302 of 623 Cremain Plot &Infant Lot Dimensions:12"(300mm)in front of monument by the length ofthe monument only. Flower beds and lot decorations are to be placed across the front of the monument only. Shrubs/bushes/treesare NOT allowed. Cremain Lot Lot decorations &plant material of any kind are not permitted in any area designated for "cremain |ots”. Single Lot Dimensions:18"(450mm)in front of monument by the length ofthe monument only. Flower beds and lot decorations are to be placed across the front ofthe monument only. Shrubs/bushes/treesare NOT allowed. Double Plot or More Dimensions:18"(450mm)in front of monument plus 14"(350mm)on either side of the monument. Only dwarf shrubs/bushes/treesmay be planted at each side of the monument. O N T A R I 0A0 - BEREAVEMENT AUTHORITY or l.'as avus 7 LMIO APPROVED APPROUVE In accordancewith!!!Confonnemenli la lni de 2002 Funeral.Burialand sun‘Its servicesfunémims ct CrunulionService:Acl.Iesservicesd'enlen'ememct 2!”?..~decrérmlion uneor__Q»-.\62 &b\ °"'.=l....‘I...,.'"....slam‘:A‘:,me\=** Nu€IudeFld?PaIniI 6 9 K Page 303 of 623 V‘_<_<<-~3«.8. 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mom_m..25c8_.mo»Wmmosmaamq8oo33m:omE3E-mmEm3cm«B3. _u_z>zo_>_Lwa>mm_zo=.mo>_.=s_u_._o>:ozm _nEa_:o+2<mm«\_manN2EmmmaazZm€<oEOozaaoz>mmmmm3m2EmmmUU_.O<®Q EEmNo:man.N08o%_a_wcqmm?8.m88_2awmopooo.>8o:m_Ezasm8a <mmam9.E_m_o8_.mo.H<5:cmEo_:a_maE388Omc_8_wcamm?am_EmB:o:m_mm«mnc__.mq. 4.3mm_uv8<mn_mamam:mm8mqm35032.. o_a<.mm.:»>amm_mOO_<=<=._._<=mz._. dimu8_.m9mag?moo33m:am:o:mm3xmm_oEn<<_E0oc:n__.m?qm?mowo32:88:._:¢mm:coEamm:m8EmE_:<Am<m»m3om_umm:<8mooo33oQm:m©_.o<<E_ ma9mmmEm_ommm3m:1_ooaE©Wmmcmmx._n_:m:o_m_mac__:<A>mmm~_<_m:m@m3m2Em:_%o..a8Ummmqo::mma__o:@8:‘: _::.mwE,.o86m:m$EmE_:<E<mm"3m3_1%3m:mmm3m::1m3m<<o«_Amv Page 306 of 623 _<_<<-..~o._m-oM._ >:c:m.n.3.No.3 _._w._.01>.3.>o_.=<_mz._.m \_.Om_o:m_$8.62mamamzmm?mEamoimagmim Wmoo33¢:amn3: Gwen_._o_3m:_U_8o8«2_<_::_o_Um_<<o%m mmmumo::=<m:a3_:m% Km:+2.903.3>Q33_m=m:<m0:89 xmz.wnzmnzoimxe.Page 307 of 623 omu:m_wanna.<<o_.xm_._m¢. 3.3 Umum:3m:._s::_nim_<<o_.wm_u1o:.<2.8 .u3_mo~Zmammmaaz2923o2a_.a=>mmmmm3m2A<mm_.3_:o_:nma5.8wmmwI nmu_~m_Em:E3 _u3_.mn~_.U.3.zm<< 1839Dwmoa?zoaoo3u_m_moo._.<Smumozoa3883205SammxwaaammaaqEaOoauimammémqm<m63. 43......<<=a_:%$<_m<<munmmmmmmami2m__00,2Emumnzosw_.mm:=mEE.o<EmEooa?mzamzoam 8n:<mEE8__w.m$298_»mnm_n_.man22Emm?mamoi_.ma:o._o:mmsmau_.o_.mn~m.m<mm«E833. _u3_.$§.ms:Um»?muzzmNo.3 <m>x<m>m<m>m<m>m<m>m No:B;wiw8882 onmazmmm_u=nm.._u:2 Am:_._u_:m<nm=n:V .... mxnmzozdxmm m=u_:ma:.:n mmmm\UwmE=\mE&mm\_18.000 533:=Qm=:_._._i mn_:€3m=_ Oo:m.En.3: xcmam Q93.mmima <<m_ma wm;.m.<ma?a ,w=m<<a:$.m:amamE:m oo=_=6m:o< O53 _=.m«mm.mxumzmm 34?mxnmzcncmmmiooboo..,. mcz_u_zomocxnmm mumai_u:_.uommmmmoa?m 933.Io_&:u223» xmmm2mV55 ?m:m«m_.mS:_Oum_.m__=a Um<m§=:m:.Ormamm Umwm-_E«mm Omm._.mx$8.80 18<_:n_m_:..mnm.m_032$ mx.m3m_Do:.:.w:_.e:m _:.m..mm.mm:_an_ 059. +9.?_nCZD_ZOmocxomm.__AOO_OOO:uu: n_om_:cmm_m:nm.Omn“S Am:_.u_:m<nman=xV ...Page 308 of 623 o%§__magma<<o_,xm=¢m. Nim Umumnamz._<_:a€m_<<o:?110123.8 u_.o_.mn»ZmammmaaaZmzzoqxoo_a__a..>mmmmm3m3A<mm_.5_=n_:.§__:.8<9...H omu:m_Em:E3 V8.69_.U.%mwqoIS.m.§o3o.o8o8 m._.S.mo~02033:oo3u_m8O02Smumnzoa_u3m_.mE9.92Sammx_mSmmmazma.manOoauimammémam<m.m3. 42m,2:o_camamsméEammmmmmamacam:OO4<Smumocozw_.mm:=m8u8<Emamnoaamzamam 8a:<mSE8..w»m,m3Dean22;.manSm.Emm?mq=92$9.020:mm<<m_.v8_.mo_m.m.V53Eouami. 3o_.m2mmmg:Umnm"muazm8; <m>m<m>w<m>m<m>m<m>_» 3;No.3NoneNoM._BB o_5=.=mmm_m=nm.._m:o._ Am..=.u_:m<am=o=.I .x1 mxvmzu?cmmm m.a.=$__.2_ mmmm?mmam.§__$__~8_8o _.m:Em:n:u::.__==m\ m..:€=_m=. Oo:m.En:o: noun“ M62:mmiaa <<m.¢« mm==mQmmima m=¢2_2:§=&$E3 no:=:nm:n< O53 _:.mEm_mxum:m¢ 49.?mxumzuzcmmm£0908,... nczc_zomocmomm mumni1.._€ommE328 omu=m_Io.:9mmmm2m mmmm2mms... ?ma?mu.83OumamzzuA_~oo_o8 Dm<m_nu§m:.955$ _umcm:_E.mm QmmAux _u3<_=.m_=umam..m_03:5 mx.m_.=m_oo:._.=E=o:m _:6$m.mmima 052 ._.O._.>.._uCZ_U_ZOmocmommTNOPOOOI1n .. n_om_=nmm_w=nm.Umo3 Amc_.u_cm.Em2....x .Page 309 of 623 CAO-2018-003 August 14, 2018 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Chief Administrative Officer SUBJECT: The Centre for Applied Artificial Intelligence in Health Care – Niagara Falls RECOMMENDATION For the information of Council. BACKGROUND The 2018 Ontario budget, delivered at Queen's Park on Wednesday, March 28th, included a targeted investment up to $10 million over 3 years to create a Centre of Excellence in Health Care in Applied Artificial Intelligence. The government is partnering with the City of Niagara Falls, Niagara Health, St. Joseph’s Health System, McMaster Faculty of Health Sciences and the Vector Institute, in a collaborative effort between academic and private sector interests on this initiative. Artificial Intelligence (AI) has the potential to transform patient outcomes and quality of care. For example, AI can provide clinicians with powerful tools including home and community applications of AI to support older adults; or helping to identify the most effective drugs for individuals based on their personal genome. The Centre for Applied Artificial Intelligence in Health Care will be the first of its kind in North America and serve as a living lab helping to ‘Build a Healthier Niagara’. The Centre will be supported by leading academic health science systems and bring together health professionals, students, patients and the technology industry to advance the practical application of AI in health care, while also contributing to the health and economic well-being of Niagara Falls and surrounding areas. The Centre will help build capacity through procurement, integration, implementation and evaluation, for the adoption of leading edge AI technologies in health care. The Center’s activates will ensure scalability of AI technologies for health care organizations and providers across the Province and will inform the design specifications for the new Niagara South Hospital construction. The integration of AI technologies within the new Page 310 of 623 2 CAO-2018-003 August 14, 2018 South Niagara Hospital will be a catalyst for the development of an AI cluster, and resulting economic diversification in Niagara Falls, Ontario. This important investment signals a sea change in how Niagara Falls is perceived - not only as a world class tourist destination, but as an innovative hub for leading edge artificial intelligence, big data and supercomputing. This initiative puts Niagara Falls and our new hospital in a leadership position to translate Canada’s investment in AI into dramatically enhanced patient care, improvements in the work life of health care providers, and the provision of high tech employment opportunities. The new Niagara South Hospital site is located on Montrose Road at the corner of Lyons Creek Road in Niagara Falls. Status Update The following Year One Actions and Deliverables have been established as follows: Governance and Organizational Structure An Executive Team, with representatives from each of the founding partners has been established. Members of this committee include: o CAO, City of Niagara Falls o CEO, Niagara Health (NH) and St. Joseph’s Health System o President, Niagara Health o Dean, McMaster University Faculty of Health Science o Executive Director of the Centre for Applied Intelligence in Health Care. Terms of Reference for an Operational /Advisory Committee, which will include City representatives as well as expert clinicians and researchers, is being developed. An organizational structure and job descriptions are being developed. Project Management Office A process to recruit an Executive Director is underway. It is expected that the position will be in place in September. A Project Management Office will be established in Niagara Falls. Page 311 of 623 3 CAO-2018-003 August 14, 2018 Vision, Mission and Goals of the Centre A process to confirm vision, mission, areas of focus and goals of the Centre will be established. Key stakeholders may include communities, patients, providers, planners and others. In addition, a Communications Strategy will be developed and implemented. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The Centre for Applied Artificial Intelligence in Health Care will be funded by the Ontario Ministry of Health and Long-Term Care. The Executive Director for the Centre for Applied Artificial Intelligence in Health Care, and the associated team members, will be located in Niagara Falls in existing facilities. No additional cost will be incurred as a result. CITY’S STRATEGIC COMMITMENT This initiative supports Niagara Falls City Council’s Strategic Priorities of Economic Growth and Prosperity, and a Healthy and Safe Community. Respectfully submitted: Ken Todd, Chief Administrative Officer Page 312 of 623 f/CAO-2018~04 REPORT TO:Mayor James M.Diodati and Members of Municipal Council SUBMITTED BY:Chief Administrative Officer SUBJECT:CAO-2018-04 Habitat for Humanity —Bellevue Street and Fourth Avenue RECOMMENDAT!ON 115 3..-..-.4-.-.|la.J-I.-up.4-|r\r\;P\f\I\r\I\I lldl k/UUIIUII GPPIUVU ll IU IlI5l'clHdlIUlI UK DUIVIUUE GIIU LIIU WGIVEIIQUl IUUD db UULIIHUU III llllb report for their 2019 projects (Believue Street and Fourth Avenue). EXECUTIVE SUMMARY Habitat for Humanity is undertaking two (2)new construction projects in Niagara Fails commencing in spring 2019.There are projects siated for Believue and Fourth Avenue.The ‘FnI|n\/ire‘ \.A\JL\JII\J \AI\.o V“)IN/II\lV|l\Jo oBe||evue Street Project is a semi-detached (two units) oFourth Avenue Project is a single famiiy home development. BACKGROUND Habitat tor Humanity is a national non—proTItorganization that provides atrordable housing for qualified recipients.The organization works with local businesses,community groups, residents and school boards on a project basis to achieve this goal.Habitat for Humanity is proposing three (3)residential units on a property in Niagara Falls. In 2019,Habitat for Humanity pians to construct a total of three single family energy efficient units in the City of Niagara Falls.The group has requested that some associated (‘.it\/‘Q nhnrncag uuvu -‘mu uuv \o|\J V my-u-urn--V--s u-Asa-avg 3157 --vu-‘c-.4 ..v \II\.o\rI\.I\.-mu vv...r..y..v.. project.This type of request is consistent with similar requests.pythe organiza?oninother municipalities and similar requests previously approved by Council.Previous requests have been approved every year in Niagara Falls since 2010. Page 313 of 623 CAO-2018-O4 August 14,2018 FINANCIALISTAFFINGILEGALIMPLICATIONS BELLEVUE STREET PROJECT-1 SEMI —DETACHED{TWO DWELLINGSI Building Permit Fees $3300.00 \»/griance/PartLot Controi $3800.00 ._ Water Meter $463.16 City Development Charges $24,220.00 Sewer/Water installation $12,000.00 TOTAL $43,783.16 l"‘l|I\lll PUUKII1 I-\VI:i\IUI:I-'KUJI:bI-'1 :>II\IuL.I:Fl-\IViILI uvvI:L.L.mu:I Building Permit Fees $1800.00 Minor Variance Application $2100.00 Water Meter $463.16 City Development Charges $12,110.00 d:4¢:A7': I\lIl"\I_qllv,-I-lvuiv In addition to the fees above Habitat Niagara would like any associated fees with a special event road closure waived one day on each build. Council should be aware that residences built under the Habitat for Humanity Niagara Program are subject to full property taxes,once the homes are transferred to the recipients. Capital/Operatina .n..x.....\.....v......3.....-_.._v.-.....-_..._..-..._..-,,V.U . reserve fund. ClTY’S STRATIGIC COMMITMENT Under the Housing Strategy of the Official Plan it states that the policies “are intended to guide the provisions of housing which is affordable.”Accordingly,the City has made a __._-.--:.L..-....A..........:.|.. C()lIHH|lIIIt3lIl LU pluvlue Uppuuullluus lul dlluludultt Iluubmg III LHU‘uuy. J14/w«/Q Ken Todd,Chief Administrative Officer Respectfully submitted: Page 314 of 623 F-2018-29 August 14, 2018 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Finance SUBJECT: F-2018-29 Monthly Tax Receivables Report – June RECOMMENDATION That Council receive the Monthly Tax Receivables report for information purposes. EXECUTIVE SUMMARY This report is prepared monthly to provide Council with an update on the City’s property tax receivables. Outstanding taxes as of June 30, 2018 were $20.2 million compared to $19.5 million in 2017. During June, tax receivables as a percentage of taxes billed increased from 32.7% in 2017 to 33.0% in 2018. The City’s finance staff has had continued success in resolving properties that are subject to registration for 2018. At this stage 88.7% of properties have developed payment arrangements or have paid in full. There are currently eight properties scheduled for tax sale in the next two years. BACKGROUND This report is being provided as part of the monthly financial reporting to Council by staff. It is also submitted to our banking institution for compliance with our banking agreement. ANALYSIS/RATIONALE Tax collection for 2018 lags slightly behind the collection history for 2017 in the month of June. Table 1 shows that taxes outstanding at June 30, 2018 are $20.2 million. This represents an increase from $19.5 million in arrears for the same period in 2017. Finance staff continues to actively pursue property owners in arrears. Table 2 provides the breakdown of outstanding taxes by assessment class. The majority of outstanding taxes are for residential and commercial properties. The chart shows that the taxes owing from the commercial property class has increased slightly from a year ago, whereas the residential property class has decreased slightly. Finance staff takes specific collection actions for properties that are subject to registration. These action steps have been outlined in previous reports. At January 1, 2018, 249 properties were subject to registration. Table 3 summarizes the progress of these actions after six months of activity. This table shows 88.7% of the tax accounts or 221 properties have been paid in full or the owners have made suitable payment arrangements. During June, twelve accounts were paid in full. In addition, the number of accounts with suitable Page 315 of 623 2 F-2018-29 August 14, 2018 payment arrangements including full payments increased from 81.5% (May) to 88.7% (June). Finance staff continues to make every effort to have accounts paid in order to avoid the registration process and the associated costs related to that process. Table 4 identifies the properties and associated tax arrears scheduled for tax sales in the future. During the month of June, four registered properties were redeemed. The outstanding taxes for registered properties represents 0.8% of the total outstanding taxes at month end. FINANCIAL/STAFFING/LEGAL IMPLICATIONS Tax arrears as a percentage of taxes billed in a year is a performance measure that stakeholders utilize to analyse an organization’s financial strengths. Niagara Falls, due to its high reliance on commercial assessment, is traditionally higher compared to municipalities of similar size. The percentage of taxes outstanding to taxes billed as at June 30, 2018 is 33.0% which is a slight increase from 2017's value of 32.7%. The municipality has a record of full collection and earns significant penalty revenues to offset the higher measure. LIST OF ATTACHMENTS Table 1 Taxes Receivable at June 30, 2018 Table 2 Taxes Receivable by Property Class at June 30, 2018 Table 3 Number of Properties Subject to Registration Table 4 Scheduled Tax Sales Dates for Registered Properties Recommended by: Tiffany Clark, Acting Director of Finance Respectfully submitted: Ken Todd, Chief Administrative Officer A. Felicetti Page 316 of 623 TABLE 1 Taxes Receivable at June 30, 2018 2018 2017 Outstanding Taxes @ May 31 18,211,665$ 18,923,902$ Taxes Billed and Due June 29, 2018 27,321,776$ 26,227,038$ Penalty charged in June 180,852$ 176,717$ Taxes Collected during June 25,531,716$ 25,807,601$ Outstanding Taxes @ June 30 20,182,577$ 19,520,056$ Taxes Billed and Due September 28, 2018 27,321,776$ 26,227,038$ Total Taxes to be Collected 47,504,354$ 45,747,094$ TABLE 2 Taxes Receivable by Property Class at June 30, 2018 2018 % of Class 2017 % of Class Taxes Owing Taxes Owing Residential 41,194,622$ 86.72%39,691,842$ 86.76% Multi-Residential 118,233$ 0.25%272,935$ 0.60% Commercial 5,524,888$ 11.63%5,055,981$ 11.05% Industrial 537,250$ 1.13%592,811$ 1.30% Farmlands 129,360$ 0.27%133,526$ 0.29% Total Receivables 47,504,354$ 100.00%45,747,095$ 100.00% Page 317 of 623 TABLE 3 Number of Properties Number of Properties Subject to Subject to % Registration Registration as at May 31, 2018 as at June 30, 2018 Initial Amount (January 1, 2018)249 249 Paid in Full 57 69 27.7% Payment Arrangements 146 152 61.0% Ongoing Collection 46 28 11.2% Action Registered 0 0 0.0% 249 249 100.0% TABLE 4 November 2018 4 88,717$ May 2019 4 63,194$ Totals 8 151,911$ Scheduled Tax Sales Dates for Registered Properties Number of Properties Taxes Outstanding Amount Page 318 of 623 F-2018-30 August 14, 2018 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Finance SUBJECT: F-2018-30 Municipal Accounts RECOMMENDATION That Council approve the municipal accounts totaling $26,296,569.14 for the period June 28, 2018 to July 25, 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 319 of 623 Page 1 of 12 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No.Cheque Date Purpose Amount 101 DELIVERY 417536 18-Jul-2018 SERVICES 214.70 1185844 ONTARIO INC. O/A RAINBOW PURE WATER 417537 18-Jul-2018 MATERIALS 282.50 1186566 ONTARIO INC. o/a TIM HORTONS #1351 417538 18-Jul-2018 MATERIALS 131.84 1578917 ONTARIO LIMITED O/A WILLIAMS PLUMBING AND HEATING417717 25-Jul-2018 SERVICES 674.61 1660127 ONTARIO LTD 417270 11-Jul-2018 REFUND 22.00 1736194 ONTARIO LIMITED 417718 25-Jul-2018 REFUND 2,000.00 1776415 ONTARIO LTD O/A PURE WATER NIAGARA 417101 05-Jul-2018 MATERIALS 25.00 1776415 ONTARIO LTD O/A PURE WATER NIAGARA 417271 11-Jul-2018 MATERIALS 37.50 1776415 ONTARIO LTD O/A PURE WATER NIAGARA 417539 18-Jul-2018 MATERIALS 18.75 1776415 ONTARIO LTD O/A PURE WATER NIAGARA 417719 25-Jul-2018 MATERIALS 56.25 1907630 ONTARIO INC 417102 05-Jul-2018 REFUND 1,000.00 1907782 ONTARIO INC 417272 11-Jul-2018 REFUND 256.87 2263264 ONTARIO INC 417273 11-Jul-2018 REFUND 1,250.00 2348441 ONTARIO INC O/A MR QUICK CAR WASH 417720 25-Jul-2018 SERVICES 368.38 2578139 ONTARIO INC O/A HALCO MOBILE 417103 05-Jul-2018 SERVICES 226.00 2578139 ONTARIO INC O/A HALCO MOBILE 417721 25-Jul-2018 SERVICES 1,073.50 407 ETR EXPRESS TOLL ROUTE 417722 25-Jul-2018 VEH ID#171/47/45 238.61 942352 ONTARIO LIMITED O/A BRISK ALL GLASS 417104 05-Jul-2018 SERVICES 1,836.25 942352 ONTARIO LIMITED O/A BRISK ALL GLASS 417274 11-Jul-2018 SERVICES 1,245.83 942352 ONTARIO LIMITED O/A BRISK ALL GLASS 417540 18-Jul-2018 SERVICES 318.66 9672761 CANADA INC 417105 05-Jul-2018 REFUND 102,595.00 984265 ONTARIO LTD o/a CIRCLE P PAVING 417541 18-Jul-2018 CONTRACT SERVICES 123,456.42 A J SLINGER SERVICE 417112 05-Jul-2018 MATERIALS 1,243.00 A WOMAN'S WORTH 3110 417737 25-Jul-2018 REFUND 161.25 AAA BIGGAR'S LOCKSMITH & SECURITY 417106 05-Jul-2018 MATERIALS 91.87 ABILITY RESOURSE MANAGEMENT C/O JILL CROTEAU NIAGARA PHYSICIAN RECRUITMENT41710705-Jul-2018 MATERIALS 1,000.00 ACCESSRAMP & MOBILITY SYSTEMS INC.417723 25-Jul-2018 SERVICES 904.00 ACCU LOCK AND SECURITY 417108 05-Jul-2018 SERVICES 4,491.75 ACCU LOCK AND SECURITY 417542 18-Jul-2018 SERVICES 550.88 ADMIRAL,REBBECCA 417275 11-Jul-2018 REFUND 160.25 ADVANCE TOWING & RECOVERY 417109 05-Jul-2018 VEH ID#328 45.20 ADVANCE TOWING & RECOVERY 417543 18-Jul-2018 CONTRACT SERVICES 197.75 ADVANCE TOWING & RECOVERY 417724 25-Jul-2018 VEH ID#3203 1,163.90 AFTERMARKET PARTS COMPANY LLC 417110 05-Jul-2018 MATERIALS 2,425.25 AFTERMARKET PARTS COMPANY LLC 417276 11-Jul-2018 MATERIALS 1,547.66 AFTERMARKET PARTS COMPANY LLC 417544 18-Jul-2018 MATERIALS 2,606.53 AIR CARE SERVICES 417111 05-Jul-2018 SERVICES 4,899.77 AIR CARE SERVICES 417545 18-Jul-2018 SERVICES 2,004.90 AJ STONE COMPANY LTD 417546 18-Jul-2018 MATERIALS 25,490.17 ALBANESE,LORI 417547 18-Jul-2018 MATERIALS 51.16 ALBERT,STACEY ANNE& ALBERT, THOMAS 417278 11-Jul-2018 REFUND 17.78 ALDOR BUILDERS LTD 417279 11-Jul-2018 CONTRACT SERVICES 19,844.16 ALEXANDER,CAROLINE& ALEXANDER, PAUL 417113 05-Jul-2018 REFUND 750.00 ALFIDOME CONSTRUCTION 417114 05-Jul-2018 CONTRACT SERVICES 12,658.85 ALFIDOME CONSTRUCTION 417725 25-Jul-2018 CONTRACT SERVICES 7,142.33 ALISON'S SPORTS AWARDS & PROMOTIONS 417280 11-Jul-2018 MATERIALS 70.17 ALL GREEN IRRIGATION 417727 25-Jul-2018 SERVICES 103.96 ALLEN'S LANDSCAPE SUPPLY DEPOT INC 417115 05-Jul-2018 MATERIALS 73.22 ALLEN'S LANDSCAPE SUPPLY DEPOT INC 417548 18-Jul-2018 MATERIALS 314.25 ALLEN'S LANDSCAPE SUPPLY DEPOT INC 417726 25-Jul-2018 MATERIALS 94.58 ALTERNATE HISTORY COMICS INC 417281 11-Jul-2018 MATERIALS 66.17 ALTIERI BUILDING SUPPLIES LTD 417116 05-Jul-2018 MATERIALS 1,154.86 ALTIERI BUILDING SUPPLIES LTD 417282 11-Jul-2018 MATERIALS 189.67 ALTIERI BUILDING SUPPLIES LTD 417549 18-Jul-2018 MATERIALS 761.45 ALTIERI BUILDING SUPPLIES LTD 417728 25-Jul-2018 MATERIALS 466.11 AMALGAMATED TRANSIT UNION #1582 00162-0001 03-Jul-2018 REMITTANCE 5,292.61 AMG ENVIRONMENTAL INC 417117 05-Jul-2018 CONTRACT SERVICES 6,441.00 ANDERSONS CEMETERY CONTRACTING LTD 417730 25-Jul-2018 CONTRACT SERVICES 42,691.40 ANDREW,ANDREY 417729 25-Jul-2018 REFUND 168.66 ANDREWS,EMILY 417283 11-Jul-2018 GRANT 500.00 ANDREZEJEWSKI PEROGIES 417284 11-Jul-2018 REFUND 65.00 ANELLO,ROBERTO 417285 11-Jul-2018 MATERIALS 51.90 ANGLE,BETH 417286 11-Jul-2018 TRAVEL/MILEAGE 298.20 ANSARI,TARIQ ZEESHAN 417731 25-Jul-2018 REFUND 149.01 ANTHONY'S EXCAVATING CENTRAL INC 417732 25-Jul-2018 CONTRACT SERVICES 16,317.20 ANTONIO,BREANNA 417550 18-Jul-2018 REFUND 90.00 ARCHER TRUCK CENTRE (WELLAND) LTD 417119 05-Jul-2018 VEH ID#517 584.36 ARCHER TRUCK CENTRE (WELLAND) LTD 417288 11-Jul-2018 VEH ID#535 543.96 ARCHER TRUCK SERVICES LTD 417118 05-Jul-2018 VEH ID#692 217.23 ARCHER TRUCK SERVICES LTD 417287 11-Jul-2018 VEH ID#PUMP 3 880.31 ARCHER TRUCK SERVICES LTD 417733 25-Jul-2018 VEH ID#PUMPER5 120.21 ARIF MERANI FUNDRAISING GROUP 417289 11-Jul-2018 MATERIALS 180.00 ARIVA 417551 18-Jul-2018 MATERIALS 82.60 ARNOLD,EDDIE 417734 25-Jul-2018 REFUND 201.83 ARTISTA DESIGN & PRINT INC 417290 11-Jul-2018 MATERIALS 28.25 Page 320 of 623 Page 2 of 12 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No.Cheque Date Purpose Amount ARTISTA DESIGN & PRINT INC 417552 18-Jul-2018 MATERIALS 383.07 ARTISTA DESIGN & PRINT INC 417735 25-Jul-2018 MATERIALS 39.55 ASSOCIATED ENGINEERING (ONT) LTD 417736 25-Jul-2018 CONSULTING SERVICES 8,817.96 B & B LIFT TRUCK SERVICE 417121 05-Jul-2018 MATERIALS 357.37 B & B LIFT TRUCK SERVICE 417291 11-Jul-2018 CONTRACT SERVICES 571.58 B & B LIFT TRUCK SERVICE 417741 25-Jul-2018 VEH ID#413 631.41 BAGLIERI,JONATHAN 417738 25-Jul-2018 TRAVEL/MILEAGE 118.62 BAIN PRINTING LIMITED 417553 18-Jul-2018 MATERIALS 369.74 BAKER 417554 18-Jul-2018 MATERIALS 20.81 BAKER 417739 25-Jul-2018 MATERIALS 726.82 BALOGH,KAI 417555 18-Jul-2018 TRAVEL/MILEAGE 40.50 BATTLEFIELD EQUIPMENT RENTALS 417120 05-Jul-2018 MATERIALS 705.42 BATTLEFIELD EQUIPMENT RENTALS 417556 18-Jul-2018 MATERIALS 1,803.48 BATTLEFIELD EQUIPMENT RENTALS 417740 25-Jul-2018 MATERIALS 1,202.69 BEATTIES 417292 11-Jul-2018 MATERIALS 10,450.01 BELL CANADA 417743 25-Jul-2018 SERVICES 1,663.99 BELL CANADA - PUBLIC ACCESS 417293 11-Jul-2018 SERVICES 169.50 BELL MOBILITY INC.417294 11-Jul-2018 SERVICES 13,404.72 BEN BERG FARM & INDUSTRIAL EQUIPMENT LTD 417558 18-Jul-2018 VEH ID#232 679.77 BEN BERG FARM & INDUSTRIAL EQUIPMENT LTD 417744 25-Jul-2018 VEH ID#239 64.21 BENNETT,CATHARINE 417295 11-Jul-2018 TRAVEL/MILEAGE 180.00 BERNIER EXCAVATING 417122 05-Jul-2018 REFUND 750.00 BICKLE MAIN INDUSTRIAL SUPPLY INC 417559 18-Jul-2018 MATERIALS 608.01 BICKLE MAIN INDUSTRIAL SUPPLY INC 417745 25-Jul-2018 VEH ID#47 84.75 BIRDIE GOLF CARTS 417296 11-Jul-2018 MATERIALS 258.21 BIRDIE GOLF CARTS 417560 18-Jul-2018 VEH ID#347 102.76 BLAIR,RICK 417123 05-Jul-2018 MATERIALS 150.00 BLUEJAY IRRIGATION 417561 18-Jul-2018 SERVICES 912.73 BOB ROBINSON & SON CONSTRUCTION 417298 11-Jul-2018 CONTRACT SERVICES 5,444.04 BOBCAT OF HAMILTON LTD 417297 11-Jul-2018 VEH ID#219 488.52 BOBCAT OF HAMILTON LTD 417562 18-Jul-2018 VEH ID#220 136.09 BOCCIA,JONATHAN 417746 25-Jul-2018 TRAVEL/MILEAGE 86.40 BOSSEY,JESSICA DIANE 417747 25-Jul-2018 REFUND 750.00 BOUTILIER,JIM 417299 11-Jul-2018 PETTY CASH 248.80 BOYS & GIRLS CLUB OF NIAGARA 417748 25-Jul-2018 GRANT 16,500.00 BRATHWAITE,SHERRY-ANN& DELANO, PAUL 417749 25-Jul-2018 REFUND 80.00 BRDAR,JOVAN 417124 05-Jul-2018 REFUND 750.00 BRENNAN PAVING LTD.417125 05-Jul-2018 CONTRACT SERVICES 115,860.89 BRINKS CANADA LTD 417750 25-Jul-2018 CONTRACT SERVICES 2,752.29 BROCCOLO,GINA 417752 25-Jul-2018 REFUND 213.26 BROCK FORD 417126 05-Jul-2018 VEH ID#538 76.25 BROCK FORD 417300 11-Jul-2018 VEH ID#208 656.03 BROWN'S SEPTIC SERVICE LTD 417563 18-Jul-2018 SERVICES 1,220.40 BUILDING INNOVATION 417753 25-Jul-2018 CONTRACT SERVICES 3,164.00 BURGESS,DAVE 417754 25-Jul-2018 TRAVEL/MILEAGE 368.41 BURNETT,MICHAEL ROBERT 417755 25-Jul-2018 REFUND 129.39 BUTLER,ANGUS 417756 25-Jul-2018 MATERIALS 175.00 C R L CAMPBELL CONSTRUCTION & DRAINAGE LTD 417585 18-Jul-2018 CONTRACT SERVICES 37,388.15 CALE SYSTEMS INC 417127 05-Jul-2018 MATERIALS 1,882.58 CALE SYSTEMS INC 417757 25-Jul-2018 SERVICES 3,487.71 CALIGIURI,RAFFAELE& CALIGIURI, LEIANNE 417758 25-Jul-2018 REFUND 54.48 CAMPBELL,CAREY 417759 25-Jul-2018 TRAVEL/MILEAGE 67.78 CANADA POST CORPORATION 00162-0002 03-Jul-2018 MATERIALS 4,013.01 CANADA POST CORPORATION 00164-0001 16-Jul-2018 MATERIALS 8,396.10 CANADA POST CORPORATION 00165-0001 18-Jul-2018 MATERIALS 633.12 CANADA'S PRO PLUMBING 417128 05-Jul-2018 CONTRACT SERVICES 3,000.00 CANADIAN BABBITT BEARINGS LTD.417535 17-Jul-2018 REFUND 35,000.00 CANADIAN DOOR DOCTOR 417303 11-Jul-2018 SERVICES 632.80 CANADIAN DOOR DOCTOR 417762 25-Jul-2018 SERVICES 169.50 CANADIAN LINEN & UNIFORM 417129 05-Jul-2018 CONTRACT SERVICES 399.67 CANADIAN LINEN & UNIFORM 417305 11-Jul-2018 CONTRACT SERVICES 796.41 CANADIAN LINEN & UNIFORM 417565 18-Jul-2018 CONTRACT SERVICES 856.18 CANADIAN LINEN & UNIFORM 417763 25-Jul-2018 CONTRACT SERVICES 443.00 CANADIAN LOCATORS INC.417301 11-Jul-2018 CONTRACT SERVICES 66,207.15 CANADIAN MUSEUM OF HISTORY 417760 25-Jul-2018 MATERIALS 2,966.25 CANADIAN NATIONAL 417764 25-Jul-2018 CONTRACT SERVICES 3,255.00 CANADIAN NIAGARA HOTELS INC 417130 05-Jul-2018 MATERIALS 12,536.60 CANADIAN PACIFIC RAILWAY CO 417566 18-Jul-2018 CONTRACT SERVICES 1,023.00 CANADIAN PORTABLE SERVICES 417131 05-Jul-2018 SERVICES 1,949.25 CANADIAN PORTABLE SERVICES 417765 25-Jul-2018 SERVICES 3,764.60 CANADIAN RED CROSS 417567 18-Jul-2018 MATERIALS 36.10 CANADIAN URBAN TRANSIT ASSOCIATION 417132 05-Jul-2018 ADVERTISING 423.75 CANADIANA-A-GO-GO 417302 11-Jul-2018 SERVICES 60.00 CANALI,JULIANO 417304 11-Jul-2018 MATERIALS 76.83 CANAVAN,WENDY 417761 25-Jul-2018 TRAVEL/MILEAGE 241.67 Page 321 of 623 Page 3 of 12 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No.Cheque Date Purpose Amount CANON CANADA INC 417306 11-Jul-2018 SERVICES 957.34 CANTEC SECURITY SERVICES INC 417766 25-Jul-2018 CONTRACT SERVICES 13,437.96 CANTEX DISTRIBUTION INC 417564 18-Jul-2018 MATERIALS 803.44 CARBONARA,KRISTY 417308 11-Jul-2018 REFUND 197.79 CAREY,LISA 417767 25-Jul-2018 REFUND 224.30 CARLETON UNIFORMS INC 417568 18-Jul-2018 MATERIALS 141.25 CARLTON RESCUE EQUIPMENT 417133 05-Jul-2018 MATERIALS 1,979.53 CARR MCLEAN 417134 05-Jul-2018 MATERIALS 562.74 CASHTECH 417569 18-Jul-2018 CONTRACT SERVICES 627.15 CASTLE MECHANICAL 417570 18-Jul-2018 SERVICES 931.48 CASTLE MECHANICAL 417768 25-Jul-2018 SERVICES 675.37 CASTLE PLUMBING & HEATING INC.417135 05-Jul-2018 SERVICES 172.33 CATHERWOOD,MARIANNE 417571 18-Jul-2018 MATERIALS 90.00 CBM N.A. INC 417136 05-Jul-2018 MATERIALS 4,726.30 CELEBRATE OLD DOWNTOWN COMMUNITY CORP.417310 11-Jul-2018 SERVICES 300.00 CENTRAL 1 CREDIT UNION ELECTRONIC PAYMENTS 417572 18-Jul-2018 REFUND 694.00 CENTRAL 1 CREDIT UNION ELECTRONIC PAYMENTS 417769 25-Jul-2018 REFUND 78.78 CENTRAL COMMUNICATIONS 417311 11-Jul-2018 SERVICES 745.80 CERMINARA ELECTRIC 417137 05-Jul-2018 SERVICES 901.74 CERMINARA ELECTRIC 417770 25-Jul-2018 SERVICES 116.96 CERVUS EQUIPMENT 417771 25-Jul-2018 MATERIALS 101.68 CHAMBER OF COMMERCE NIAGARA FALLS 417773 25-Jul-2018 MEMBERSHIP 352.56 CHAPMAN MURRAY ASSOCIATES 417573 18-Jul-2018 CONSULTING SERVICES 3,441.98 CHAPPELL,DOUGLAS& CHAPPELL, ANN 417772 25-Jul-2018 REFUND 750.00 CHARLES JONES INDUSTRIAL LTD 417138 05-Jul-2018 STORES/INVENTORY 504.77 CHARLES JONES INDUSTRIAL LTD 417313 11-Jul-2018 STORES/INVENTORY 2,447.02 CHARLES JONES INDUSTRIAL LTD 417574 18-Jul-2018 STORES/INVENTORY 3,448.05 CHARLES JONES INDUSTRIAL LTD 417774 25-Jul-2018 STORES/INVENTORY 1,708.13 CHASE,SYLVIA MARY 417775 25-Jul-2018 REFUND 200.00 CHOW,KRISTIN 417776 25-Jul-2018 REFUND 215.24 CHRISTINE HESS 417314 11-Jul-2018 SERVICES 375.16 CHRISTINE HESS 417575 18-Jul-2018 SERVICES 565.00 CIBC ELECTRONIC BANKING OPERATIONS 417139 05-Jul-2018 REFUND 1,030.22 CIBC MORTGAGES INC 417140 05-Jul-2018 REFUND 828.18 CIMA CANADA INC 417141 05-Jul-2018 CONSULTING SERVICES 41,076.50 CIMA CANADA INC 417315 11-Jul-2018 CONSULTING SERVICES 13,923.74 CIMCO REFRIGERATION 417142 05-Jul-2018 CONTRACT SERVICES 532.63 CIPPARONE,JESSE 417143 05-Jul-2018 REFUND 74.56 CITY VIEW BUS SALES & SERVICE LTD.417144 05-Jul-2018 MATERIALS 20,449.80 CITY VIEW BUS SALES & SERVICE LTD.417316 11-Jul-2018 MATERIALS 4,173.95 CJ GLOBAL INVESTMENT LTD 00162-0003 03-Jul-2018 REFUND 23,760.03 CLEVER DEVICES ULC 417145 05-Jul-2018 CONTRACT SERVICES 33,993.23 CLIFTON HILL BIA 417146 05-Jul-2018 REMITTANCE 17,500.00 CLOCKWORK SYSTEMS INC 417576 18-Jul-2018 SERVICES 374.93 CLOCKWORK SYSTEMS INC 417777 25-Jul-2018 SERVICES 3,378.87 CLUB ITALIA ORDER OF SONS OF ITALY 417577 18-Jul-2018 SERVICES 1,356.00 C-MAX FIRE SOLUTIONS 417317 11-Jul-2018 MATERIALS 1,307.83 COGECO CONNEXION INC 417318 11-Jul-2018 SERVICES 36.10 COGECO CONNEXION INC.417578 18-Jul-2018 SERVICES 847.50 COLLEE,DOUGLAS 417580 18-Jul-2018 TRAINING 362.69 COLLEE,DOUGLAS 417778 25-Jul-2018 TRAINING 206.23 COLLIERS NIAGARA MANAGEMENT LTD.417614 18-Jul-2018 REFUND 618.22 COLLINS CONCESSIONS 417579 18-Jul-2018 SERVICES 603.00 COLOSIMO,PETER 417319 11-Jul-2018 TRAVEL/MILEAGE 15.00 COMMERCIAL CLEANING SERVICES 417581 18-Jul-2018 CONTRACT SERVICES 395.50 COMMISSIONAIRES 417320 11-Jul-2018 CONTRACT SERVICES 11,848.50 COMMISSIONAIRES 417779 25-Jul-2018 CONTRACT SERVICES 13,043.02 CONSEIL SCOLAIRE CATHOLIQUE MONAVENIR 00161-0002 29-Jun-2018 REMITTANCE 236,895.73 CONSEIL SCOLAIRE VIAMONDE 00161-0001 29-Jun-2018 REMITTANCE 84,162.97 CONSORTECH 417321 11-Jul-2018 MATERIALS 678.00 CORRIVEAU,MICHAEL& CORRIVEAU, CHRISTINE 417781 25-Jul-2018 REFUND 1,000.00 CORRIVEAU,RICHARD 417322 11-Jul-2018 REFUND 1,000.00 CORSARO CLASSIC ENGRAVING 417582 18-Jul-2018 SERVICES 259.90 CORTESE,FRANCES 417583 18-Jul-2018 TRAINING 875.00 CORTESE,FRANCES 417780 25-Jul-2018 TRAINING 175.00 COUNTRY BASKET GARDEN CENTRE 417584 18-Jul-2018 MATERIALS 33.90 COUSINEAU,ROBERT MICHAEL& COUSINEAU, RUTH ANN 417323 11-Jul-2018 REFUND 66.59 CRAITOR,KIM 417147 05-Jul-2018 MATERIALS 147.95 CRAWFORD & COMPANY (CANADA) INC 417148 05-Jul-2018 CONTRACT SERVICES 57.50 CRAWFORD & COMPANY (CANADA) INC 417324 11-Jul-2018 CONTRACT SERVICES 230.00 CRAWFORD & COMPANY (CANADA) INC 417783 25-Jul-2018 CONTRACT SERVICES 736.00 CREIGHTON,SHELLEY 417325 11-Jul-2018 MATERIALS 62.10 CRITELLI, MARIA ROSA 417784 25-Jul-2018 REFUND 168.94 CROTEAU,JILL 417149 05-Jul-2018 REFUND 1,000.00 CRUICKSHANKS,STEVEN ROBERT 417586 18-Jul-2018 REFUND 381.00 Page 322 of 623 Page 4 of 12 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No.Cheque Date Purpose Amount CRUISE,CORY 417326 11-Jul-2018 SERVICES 210.00 CSN-MAPLE LEAF COLLISION 417150 05-Jul-2018 CONTRACT SERVICES 1,649.80 CULLIGAN NIAGARA WATER TECH INC.417151 05-Jul-2018 MATERIALS 207.92 CULP,BRIAN& CULP, SAMANTHA 417327 11-Jul-2018 REFUND 194.76 CUPE LOCAL 133 00162-0004 03-Jul-2018 REMITTANCE 10,051.11 CUPE LOCAL 133 00164-0002 16-Jul-2018 REMITTANCE 9,965.50 D.A.M. PAINTER 417330 11-Jul-2018 SERVICES 1,695.00 DA-LEE DUST CONTROL 417329 11-Jul-2018 CONTRACT SERVICES 4,504.08 DA-LEE DUST CONTROL 417786 25-Jul-2018 MATERIALS 9,343.04 DAO,BEN 417331 11-Jul-2018 MATERIALS 56.48 DARCH FIRE 417787 25-Jul-2018 VEH ID#538 604.55 DAVIDSON ENVIRONMENTAL 417788 25-Jul-2018 MATERIALS 107.80 DAVIS,ROBERT 417588 18-Jul-2018 MATERIALS 90.35 DE LA ROSA,IVONNE 417333 11-Jul-2018 REFUND 43.63 DE LUCA,CARLO 417332 11-Jul-2018 REFUND 750.00 DEFILIPPIS,ERNIE 417789 25-Jul-2018 REFUND 179.33 DEL PRIORE,ANTONIO 417790 25-Jul-2018 REFUND 1,000.00 DELL CANADA INC 417589 18-Jul-2018 CONTRACT SERVICES 18,701.12 DEMAR CONSTRUCTION INC.417791 25-Jul-2018 CONTRACT SERVICES 51,768.58 DEMAR CONSTRUCTION INC.417792 25-Jul-2018 CONTRACT SERVICES 66,385.81 DEMOL'S TIRE SALES & SERVICE 417590 18-Jul-2018 VEH ID#334 37.50 DEMOL'S TIRE SALES & SERVICE 417793 25-Jul-2018 VEH ID#469 908.83 DEROHANESSIAN,AZAD 417794 25-Jul-2018 REFUND 211.23 DESIGN ELECTRONICS 417152 05-Jul-2018 MATERIALS 5,416.94 DESIGN ELECTRONICS 417334 11-Jul-2018 SERVICES 749.13 DESIGN ELECTRONICS 417795 25-Jul-2018 SERVICES 4,225.67 DI BENEDETTO,CARMINE 417335 11-Jul-2018 REFUND 104.27 DIGIACOMO, ANTHONY 417336 11-Jul-2018 REFUND 61.43 DIGITAL POSTAGE ON CALL 417591 18-Jul-2018 MATERIALS 19,210.00 DIGITAL TREE 417337 11-Jul-2018 MATERIALS 56.50 DILTS,KEVIN 417592 18-Jul-2018 REFUND 168.93 DIODATI,JIM 417797 25-Jul-2018 TRAVEL/MILEAGE 1,155.00 DIPAOLO,PAUL 417338 11-Jul-2018 TRAVEL/MILEAGE 80.00 DISPATCH TALENT INCORPORATED 417339 11-Jul-2018 SERVICES 565.00 DISTRICT SCHOOL BOARD OF NIAGARA 00161-0003 29-Jun-2018 REMITTANCE 6,628,064.28 DIVERSE CONSTRUCTION 417340 11-Jul-2018 REFUND 7,000.00 DOUBLEDAY,DELANEY 417798 25-Jul-2018 REFUND 191.51 DOW,LINDA 417593 18-Jul-2018 REFUND 130.00 DOWNBEAT PERCUSSION US DRAFT 22-Jun-2018 MATERIALS 1,300.00 DOWNTOWN BOARD OF MANAGEMENT 417154 05-Jul-2018 REMITTANCE 52,500.00 DREN,KARL 417341 11-Jul-2018 TRAVEL/MILEAGE 196.02 DREN,KARL 417799 25-Jul-2018 SERVICES 349.77 DRT CUSTOM HOMES & RENOVATIONS INC 417342 11-Jul-2018 REFUND 1,000.00 DUFFERIN CONCRETE 417343 11-Jul-2018 MATERIALS 805.14 DUMONT SECURITY 417594 18-Jul-2018 CONTRACT SERVICES 149.16 DUNNE,JOHN ROSS 417801 25-Jul-2018 REFUND 182.98 DURKIN,KAYLA& HANDZUK, JOHN 417344 11-Jul-2018 REFUND 266.64 D'UVA,JORDAN 417155 05-Jul-2018 REFUND 669.86 DYNACARE 417802 25-Jul-2018 SERVICES 134.00 E & R LAWN EQUIPMENT 417351 11-Jul-2018 VEH ID#STATION 1 LAWN MOWER 946.94 E3 LABORATORIES 417803 25-Jul-2018 SERVICES 2,635.16 EASTLAND,MARI-LYNNE 417804 25-Jul-2018 MATERIALS 1,446.40 ED LEARN FORD LINCOLN LTD 417345 11-Jul-2018 SERVICES 214.70 ED LEARN FORD LINCOLN LTD 417805 25-Jul-2018 SERVICES 893.88 EFFORT TRUST COMPANY 417346 11-Jul-2018 REFUND 960.76 EGERTER,CAROL 417806 25-Jul-2018 TRAVEL/MILEAGE 232.74 ELLAH,GARY 417156 05-Jul-2018 REFUND 107.35 ELLIS ENGINEERING INC.417595 18-Jul-2018 CONSULTING SERVICES 10,263.62 ELLIS,JULIE 417157 05-Jul-2018 TRAVEL/MILEAGE 109.08 ELLWOOD,JOSH 417158 05-Jul-2018 REFUND 72.30 ELOQUIP LTD 417347 11-Jul-2018 VEH ID#340 743.13 EMCO CORPORATION 417159 05-Jul-2018 MATERIALS 260.80 EMCO CORPORATION 417348 11-Jul-2018 MATERIALS 450.64 EMCO CORPORATION 417596 18-Jul-2018 STORES/INVENTORY 763.42 ENBRIDGE 00162-0005 03-Jul-2018 UTILITIES 763.58 ENBRIDGE 00162-0006 03-Jul-2018 UTILITIES 10,868.55 ENBRIDGE 00164-0003 16-Jul-2018 UTILITIES 2,737.77 ENBRIDGE 00165-0003 18-Jul-2018 UTILITIES 255.84 ENGELS,FRED 417349 11-Jul-2018 MATERIALS 226.79 ENGHOUSE TRANSPORTATION LIMITED 417160 05-Jul-2018 MATERIALS 7,143.86 E-QUIP RENTALS & REPAIRS INC 417162 05-Jul-2018 MATERIALS 27.69 E-QUIP RENTALS & REPAIRS INC 417350 11-Jul-2018 MATERIALS 614.60 E-QUIP RENTALS & REPAIRS INC 417597 18-Jul-2018 MATERIALS 2,030.14 E-QUIP RENTALS & REPAIRS INC 417808 25-Jul-2018 MATERIALS 1,221.12 EQUIPMENT SPECIALIST INC 417161 05-Jul-2018 MATERIALS 1,897.61 Page 323 of 623 Page 5 of 12 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No.Cheque Date Purpose Amount EQUIPMENT SPECIALIST INC 417807 25-Jul-2018 MATERIALS 3,150.44 ESTATE OF VIOLET BUTCHER 417809 25-Jul-2018 REFUND 21.45 EVANOFF,VICTOR 417353 11-Jul-2018 TRAVEL/MILEAGE 190.00 EVANS SWEENY BORDIN LLP 417810 25-Jul-2018 CONTRACT SERVICES 2,778.81 EVANS UTILITY & MUNICIPAL PRODUCTS SUPPLY LTD 417163 05-Jul-2018 MATERIALS 3,985.40 EVANS UTILITY & MUNICIPAL PRODUCTS SUPPLY LTD 417354 11-Jul-2018 MATERIALS 1,386.51 EVANS UTILITY & MUNICIPAL PRODUCTS SUPPLY LTD 417598 18-Jul-2018 CONTRACT SERVICES 35,138.34 EVANS,MARINA 417352 11-Jul-2018 REFUND 51.02 EXP SERVICES INC 417355 11-Jul-2018 CONSULTING SERVICES 3,548.20 EXP SERVICES INC 417599 18-Jul-2018 CONSULTING SERVICES 2,497.30 EXP SERVICES INC 417811 25-Jul-2018 CONSULTING SERVICES 3,545.94 E'ZHEYAADIZIWIN INDIGENOUS CONSULTING SERVICES 417356 11-Jul-2018 TRAINING 420.00 FABBRO,TERESA 417600 18-Jul-2018 TRAINING 200.58 FAIRLEY,HEATHER 417357 11-Jul-2018 TRAVEL/MILEAGE 70.00 FALLS AUTO BODY INC 417358 11-Jul-2018 VEH ID#44 1,318.26 FALLS AUTO BODY INC 417601 18-Jul-2018 VEH ID#53 1,147.06 FALLS CHEVROLET CADILLAC 417164 05-Jul-2018 VEH ID#312 527.48 FALLS CHEVROLET CADILLAC 417359 11-Jul-2018 VEH ID#329 534.38 FALLS CHEVROLET CADILLAC 417602 18-Jul-2018 VEH ID#313 1,132.42 FALLS CHEVROLET CADILLAC 417812 25-Jul-2018 VEH ID#113 1,382.14 FALLS ELECTRIC INC 417360 11-Jul-2018 SERVICES 1,010.65 FALLS ELECTRIC INC 417813 25-Jul-2018 SERVICES 2,223.27 FALLSVIEW BIA 417165 05-Jul-2018 REMITTANCE 750,000.00 FALLSWAY SUPPLY 417166 05-Jul-2018 MATERIALS 1,354.40 FARAHBAKHSH,MANOUCHER 417814 25-Jul-2018 REFUND 84.18 FASTENAL CANADA LTD 417167 05-Jul-2018 MATERIALS 908.17 FASTENAL CANADA LTD 417361 11-Jul-2018 MATERIALS 28.93 FASTENAL CANADA LTD 417603 18-Jul-2018 STORES/INVENTORY 4,360.67 FASTENAL CANADA LTD 417815 25-Jul-2018 MATERIALS 1,089.30 FEATHER,ANDY 417362 11-Jul-2018 REFUND 84.94 FEHR'S TROPHY & ENGRAVING 417604 18-Jul-2018 MATERIALS 339.00 FEREN SIGNS & GRAPHICS 417816 25-Jul-2018 MATERIALS 4,649.88 FINISH LINE NIAGARA INC.417817 25-Jul-2018 VEH ID#682 3,384.35 FISHERS REGALIA 417363 11-Jul-2018 MATERIALS 147.44 FITT,PATRICK MARSHALL 417364 11-Jul-2018 REFUND 127.12 FLAGG,ISAAC 417365 11-Jul-2018 GRANT 2,000.00 FLAGS UNLIMITED INC 417818 25-Jul-2018 STORES/INVENTORY 394.80 FLEXO PRODUCTS LTD 417168 05-Jul-2018 MATERIALS 1,026.84 FLEXO PRODUCTS LTD 417366 11-Jul-2018 STORES/INVENTORY 2,007.28 FLEXO PRODUCTS LTD 417605 18-Jul-2018 MATERIALS 1,492.70 FLEXO PRODUCTS LTD 417819 25-Jul-2018 STORES/INVENTORY 1,125.48 FOLINO,MICHAEL 417367 11-Jul-2018 GRANT 75.00 FORSYTH,PAUL ANTHONY 417820 25-Jul-2018 REFUND 168.94 FOUR SEASONS 417368 11-Jul-2018 REFUND 50.00 FRANK COWAN COMPANY LIMITED 417169 05-Jul-2018 REMITTANCE 41,700.14 FRANK COWAN COMPANY LIMITED 417821 25-Jul-2018 REMITTANCE 5,278.00 FRASER,HEATHER 417369 11-Jul-2018 SERVICES 630.00 FREW ENERGY LIMITED 417370 11-Jul-2018 FUEL 29,797.45 FREW ENERGY LIMITED 417822 25-Jul-2018 FUEL 48,277.62 G. O'CONNOR CONSULTANTS INC 417827 25-Jul-2018 CONSULTING SERVICES 6,305.40 GALES GAS BARS 417824 25-Jul-2018 FUEL 205.40 GALLAGHER,DOUGLAS G 417823 25-Jul-2018 REFUND 139.47 GALLAGHER,LAURA 417371 11-Jul-2018 REFUND 115.00 GALLERY WORKS NIAGARA INC 417170 05-Jul-2018 MATERIALS 508.50 GENERAL SEED COMPANY 417606 18-Jul-2018 MATERIALS 412.45 GERRIOR,ANDREW 417372 11-Jul-2018 SERVICES 200.00 GHD LIMITED 417607 18-Jul-2018 CONSULTING SERVICES 3,417.29 GHETIA,VASU M 417171 05-Jul-2018 REFUND 108.25 GILBERT,RAYMOND 417374 11-Jul-2018 REFUND 73.12 GILL,SUKHWINDER& DHALIWAL, JASWINDER 417373 11-Jul-2018 REFUND 12.73 GIRARD,ANDREANNE 417375 11-Jul-2018 REFUND 120.59 GIZZIE,RON& GIZZIE, ROSEMARIE 417825 25-Jul-2018 REFUND 116.93 GLABB,HEATHER 417826 25-Jul-2018 SERVICES 210.00 GLOBALSTAR CANADA 417608 18-Jul-2018 SERVICES 146.88 GM BLUEPLAN ENGINEERING LIMITED 417376 11-Jul-2018 CONSULTING SERVICES 29,231.87 GORDON BANNERMAN LTD 417828 25-Jul-2018 MATERIALS 134.39 GP EMPIRE COMMUNITES (NIAGARA) LTD 417377 11-Jul-2018 REFUND 2,100.00 GRAND & TOY LIMITED 417172 05-Jul-2018 MATERIALS 828.55 GRAYBAR CANADA 417609 18-Jul-2018 MATERIALS 3,462.83 GREAT LAKES FIRE SERVICES 417610 18-Jul-2018 SERVICES 1,658.31 GREEN KEEP 417829 25-Jul-2018 SERVICES 819.25 GRIFFIN LANDSCAPE 417830 25-Jul-2018 CONTRACT SERVICES 11,519.97 GRUBICH,JOHN 417173 05-Jul-2018 TRAVEL/MILEAGE 176.82 GRYSCHUK,DIANE 417378 11-Jul-2018 REFUND 81.08 GT FRENCH 417379 11-Jul-2018 MATERIALS 99.67 Page 324 of 623 Page 6 of 12 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No.Cheque Date Purpose Amount GT FRENCH 417611 18-Jul-2018 MATERIALS 27.07 HARTLEY,ROBERT 417174 05-Jul-2018 MATERIALS 42.08 HATCH CORPORATION 417380 11-Jul-2018 CONSULTING SERVICES 1,885.80 HDS CANADA INC 417381 11-Jul-2018 MATERIALS 16.61 HDS CANADA INC 417831 25-Jul-2018 STORES/INVENTORY 139.85 HEART NIAGARA INC 417175 05-Jul-2018 MATERIALS 376.43 HEART NIAGARA INC 417612 18-Jul-2018 SERVICES 980.50 HEDDEN,LIZ& HEDDEN, JOE 417382 11-Jul-2018 REFUND 163.23 HEENEY,MICHAEL PAUL 417833 25-Jul-2018 REFUND 750.00 HENDERSON RECREATION EQUIPMENT LIMITED 417834 25-Jul-2018 MATERIALS 20,114.00 HENHAWK,RYAN 417383 11-Jul-2018 REFUND 146.58 HILL,MIKE 417613 18-Jul-2018 TRAINING 290.50 HIT MAN BRASS BAND US DRAFT 22-Jun-2018 MATERIALS 1,500.00 HOLMAN,GEOFF 417176 05-Jul-2018 TRAVEL/MILEAGE 223.56 HUSSEY,LEWIS 417384 11-Jul-2018 TRAVEL/MILEAGE 190.00 IANNAZZO,PETER& IANNAZZO, ANNA 417385 11-Jul-2018 REFUND 64.40 ICECO ADVANCED ARENA PRODUCTS 417386 11-Jul-2018 SERVICES 1,134.23 ICECO ADVANCED ARENA PRODUCTS 417615 18-Jul-2018 SERVICES 3,761.48 INTUITION LANDSCAPE 417387 11-Jul-2018 CONTRACT SERVICES 7,338.31 INTUITION LANDSCAPE 417616 18-Jul-2018 CONTRACT SERVICES 7,867.07 IPH PLUMBING & HEATING 417617 18-Jul-2018 SERVICES 203.05 J J MACKAY CANADA LTD 417838 25-Jul-2018 CONTRACT SERVICES 42.04 J&B PRO MUSIC 417837 25-Jul-2018 SERVICES 4,367.45 JACK DOW AUTO SUPPLIES LIMITED 417177 05-Jul-2018 VEH ID#312 499.16 JACK DOW AUTO SUPPLIES LIMITED 417389 11-Jul-2018 VEH ID#153 315.91 JACK DOW AUTO SUPPLIES LIMITED 417618 18-Jul-2018 VEH ID#317 272.79 JACK DOW AUTO SUPPLIES LIMITED 417836 25-Jul-2018 VEH ID#330 689.59 JACKSON,DAVE 417390 11-Jul-2018 TRAVEL/MILEAGE 291.06 JACKSON,ERMINIA 417388 11-Jul-2018 REFUND 750.00 JACOBS,BOB 417835 25-Jul-2018 REFUND 130.23 JANET A. LEIPER 417391 11-Jul-2018 CONSULTING SERVICES 18,294.24 JOE'S TRANSMISSION SERVICE AND AL'S RAD SERVICE 417178 05-Jul-2018 VEH ID#271 107.35 JOHNNY RAG 417392 11-Jul-2018 MATERIALS 304.33 JOHNNY ROCCO'S GRILL 417619 18-Jul-2018 SERVICES 400.00 JOJACKS 417839 25-Jul-2018 SERVICES 1,977.50 JOLLEY,NATHAN 417393 11-Jul-2018 REFUND 22.56 JUDGE,JIM 417394 11-Jul-2018 MATERIALS 40.00 KANDU POOLS LTD 417840 25-Jul-2018 SERVICES 1,299.50 KARATOPIS,ANASTASSIAS 417395 11-Jul-2018 REFUND 91.17 KAUFMAN,SHERI A.& KAUFMAN, KRISTIAN ROBERT 417396 11-Jul-2018 REFUND 1,000.00 KAYE,RONALD ALLAN 417841 25-Jul-2018 REFUND 111.80 KEEFER MANAGEMENT INC.417842 25-Jul-2018 LEASES AND RENTS 9,570.31 KELLY DIGS LANDSCAPING 417179 05-Jul-2018 CONTRACT SERVICES 30,951.48 KELLY DIGS LANDSCAPING 417397 11-Jul-2018 CONTRACT SERVICES 24,024.00 KELLY DIGS LANDSCAPING 417843 25-Jul-2018 CONTRACT SERVICES 6,331.77 KELLY SERVICES (CANADA) LTD.417620 18-Jul-2018 CONTRACT SERVICES 23,054.67 KELLY SERVICES (CANADA) LTD.417844 25-Jul-2018 CONTRACT SERVICES 4,094.05 KERRY T HOWE ENGINEERING LTD 417845 25-Jul-2018 CONSULTING SERVICES 1,766.87 KIDS & COMPANY 417398 11-Jul-2018 REFUND 50.00 KLAS ENTERPRISES 417846 25-Jul-2018 REFUND 750.00 KLEENWAY BUILDING MAINTENANCE INC 417399 11-Jul-2018 SERVICES 807.56 KLEENWAY BUILDING MAINTENANCE INC 417621 18-Jul-2018 SERVICES 254.10 KLENZOID 417181 05-Jul-2018 CONTRACT SERVICES 2,958.43 KRAWCZYK CONSTRUCTION MAINTENANCE INC 417182 05-Jul-2018 CONTRACT SERVICES 948.07 KRAWCZYK CONSTRUCTION MAINTENANCE INC 417622 18-Jul-2018 SERVICES 4,158.40 KRAWCZYK CONSTRUCTION MAINTENANCE INC 417847 25-Jul-2018 SERVICES 1,864.50 KRONSTEIN,MARK 417400 11-Jul-2018 TRAVEL/MILEAGE 190.00 KROPAC,JESSICA LEAH 417848 25-Jul-2018 REFUND 129.39 KROWN 417401 11-Jul-2018 VEH ID#316 316.28 KROWN 417623 18-Jul-2018 VEH ID#674 169.44 LAFARGE CANADA INC 417402 11-Jul-2018 MATERIALS 739.37 LAFARGE CANADA INC 417624 18-Jul-2018 MATERIALS 739.37 LAFARGE CANADA INC 417849 25-Jul-2018 MATERIALS 1,396.58 LALLOUET,ERIC 417403 11-Jul-2018 TRAVEL/MILEAGE 138.78 LAMBERT,JENNIFER 417183 05-Jul-2018 REFUND 40.00 LAMBOURNE,FRANK 417184 05-Jul-2018 REFUND 97.36 LAW CRUSHED STONE 417185 05-Jul-2018 MATERIALS 2,619.80 LAW CRUSHED STONE 417625 18-Jul-2018 MATERIALS 3,605.03 LAWNS AND MORE INC.417850 25-Jul-2018 MATERIALS 22,158.06 LAWSON PRODUCTS INC 417186 05-Jul-2018 MATERIALS 561.57 LAWSON PRODUCTS INC 417404 11-Jul-2018 STORES/INVENTORY 580.84 LAWSON PRODUCTS INC 417626 18-Jul-2018 MATERIALS 936.58 LAWSON PRODUCTS INC 417851 25-Jul-2018 MATERIALS 717.24 LEHOUILLIER,REJEAN ANDRE 417405 11-Jul-2018 REFUND 1,000.00 LEMON,BLAIR 417852 25-Jul-2018 MATERIALS 135.60 Page 325 of 623 Page 7 of 12 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No.Cheque Date Purpose Amount LIBRARY BOUND INC 417853 25-Jul-2018 MATERIALS 68.85 LIEDER,MICHAEL 417187 05-Jul-2018 REFUND 178.59 LINCOLN APPLIANCE SERVICE CENTRE INC 417854 25-Jul-2018 MATERIALS 290.41 LIVINGSTON INTERNATIONAL INC 417188 05-Jul-2018 SERVICES 159.11 LIVINGSTON INTERNATIONAL INC 417406 11-Jul-2018 COURIER 74.26 LIVINGSTON INTERNATIONAL INC 417628 18-Jul-2018 REMITTANCE 94.33 LIVINGSTON INTERNATIONAL INC 417855 25-Jul-2018 MATERIALS 465.20 LJ BARTON MECHANICAL INC 417407 11-Jul-2018 CONTRACT SERVICES 15,763.50 LMS 3 DEVELOPMENT INC 417189 05-Jul-2018 REFUND 5,866.83 LOHO VETZ INC 417408 11-Jul-2018 REFUND 1,219.04 LONGRIDGE,DANIEL 417856 25-Jul-2018 REFUND 500.00 LUEY,CATHERINE 417190 05-Jul-2018 MATERIALS 538.22 LUNDY'S LANE BIA 417191 05-Jul-2018 REMITTANCE 128,156.50 LUNDY'S LANE PORTFOLIO INC 417192 05-Jul-2018 REFUND 52,456.16 M&L SUPPLY FIRE AND SAFETY 417209 05-Jul-2018 MATERIALS 702.81 M&L SUPPLY FIRE AND SAFETY 417640 18-Jul-2018 MATERIALS 6,033.97 MACDONALD,MELANIE 417409 11-Jul-2018 MATERIALS 500.00 MACKASEY,ANDREW 417857 25-Jul-2018 GRANT 45.00 MACNAUGHTON HERMSEN BRITTON CLARKSON PLANNING LIMITED417858 25-Jul-2018 MATERIALS 12,119.25 MADERE AMELIA,417410 11-Jul-2018 REFUND 533.95 MANCUSO CHEMICALS LIMITED 417411 11-Jul-2018 MATERIALS 987.97 MANCUSO CHEMICALS LIMITED 417629 18-Jul-2018 MATERIALS 686.13 MANCUSO CHEMICALS LIMITED 417859 25-Jul-2018 MATERIALS 532.79 MANDARIN RESTAURANT 417412 11-Jul-2018 REFUND 170.00 MANOR CLEANERS 417630 18-Jul-2018 MATERIALS 163.98 MANPOWER 417631 18-Jul-2018 MATERIALS 7,579.87 MANPOWER 417860 25-Jul-2018 CONTRACT SERVICES 32,647.53 MAPLE LEAF COLLISION CENTRE 417193 05-Jul-2018 MATERIALS 5,795.86 MARKING EQUIPMENT & ENGRAVING LIMITED 417414 11-Jul-2018 MATERIALS 334.08 MARK'S COMMERCIAL 417415 11-Jul-2018 MATERIALS 454.64 MARK'S COMMERCIAL 417632 18-Jul-2018 MATERIALS 229.98 MARK'S COMMERCIAL 417861 25-Jul-2018 MATERIALS 1,058.73 MARKS SUPPLY INC 417194 05-Jul-2018 MATERIALS 123.37 MARKS SUPPLY INC 417633 18-Jul-2018 MATERIALS 1,996.45 MARKS SUPPLY INC 417862 25-Jul-2018 MATERIALS 368.64 MARTEL,ANDREW 417413 11-Jul-2018 MATERIALS 15.00 MARTIN SHEPPARD FRASER LLP 417195 05-Jul-2018 MATERIALS 3,659.06 MARZ MUSIC 417416 11-Jul-2018 REFUND 50.00 MATSON,BILL 417196 05-Jul-2018 TRAVEL/MILEAGE 626.00 MATTHEWS CAMERON HEYWOOD KERRY T HOWE SURVEYING 417197 05-Jul-2018 MATERIALS 13,390.50 MATTHEWS CAMERON HEYWOOD KERRY T HOWE SURVEYING 417863 25-Jul-2018 MATERIALS 3,926.75 MAURICE,STEVE 417198 05-Jul-2018 TRAVEL/MILEAGE 56.16 MCD MECHANICAL 417199 05-Jul-2018 CONTRACT SERVICES 3,900.00 MCDONALD,ROB 417864 25-Jul-2018 PETTY CASH 793.40 MCGEE MARKING DEVICES 417865 25-Jul-2018 MATERIALS 23.50 MCGILVERY,PATRICIA LYNN 417417 11-Jul-2018 REFUND 26.71 MCIVOR,TIFFANY 417634 18-Jul-2018 REFUND 80.00 MCKINLEY,DAPHNE 417418 11-Jul-2018 REFUND 130.76 MCMILLAN LLP 417200 05-Jul-2018 CONTRACT SERVICES 2,996.80 MCMILLAN LLP 417866 25-Jul-2018 MATERIALS 10,029.88 MCMULLEN,TIM 417419 11-Jul-2018 REFUND 750.00 MCNAMARA,SUSAN 417420 11-Jul-2018 TRAVEL/MILEAGE 170.00 MCNEIL MANAGEMENT SERVICES 417421 11-Jul-2018 CONTRACT SERVICES 2,134.00 MCNEIL,KEN 417201 05-Jul-2018 REFUND 109.29 ME OLSEN TITLES INC 417203 05-Jul-2018 MATERIALS 31.64 ME OLSEN TITLES INC 417636 18-Jul-2018 MATERIALS 39.55 MEDICAL TECHNOLOGY (WB) INC 417868 25-Jul-2018 MATERIALS 230.58 MEGA-LAB MANUFACTURING CO. LTD 417202 05-Jul-2018 MATERIALS 778.57 METAL SUPERMARKETS 417204 05-Jul-2018 MATERIALS 833.24 METAL SUPERMARKETS 417637 18-Jul-2018 MATERIALS 250.69 METAL SUPERMARKETS 417869 25-Jul-2018 MATERIALS 164.61 METRO PLUMBING & HEATING 417205 05-Jul-2018 MATERIALS 67,861.39 METRO PLUMBING & HEATING 417638 18-Jul-2018 CONTRACT SERVICES 5,474.22 METRO PLUMBING & HEATING 417871 25-Jul-2018 CONTRACT SERVICES 1,476.58 METROLAND MEDIA GROUP 417870 25-Jul-2018 ADVERTISING 1,126.61 MIELE,PETER& MIELE, FRANK 417206 05-Jul-2018 REFUND 1,635.08 MILLER,RONALD 417424 11-Jul-2018 TRAVEL/MILEAGE 190.00 MILNER,JONATHAN 417423 11-Jul-2018 TRAVEL/MILEAGE 11.88 MINISTER OF FINANCE 417207 05-Jul-2018 PAYROLL REMITTANCE 4,308.65 MINISTER OF FINANCE 417208 05-Jul-2018 PAYROLL REMITTANCE 77,142.25 MINISTRY OF ATTORNEY GENERAL 00162-0007 03-Jul-2018 REMITTANCE 2,893.05 MINISTRY OF ATTORNEY GENERAL 00164-0004 16-Jul-2018 PAYROLL REMITTANCE 3,698.13 MISENER,BRETT THOMAS 417425 11-Jul-2018 REFUND 750.00 MITCHELL,ALEX 417639 18-Jul-2018 MATERIALS 100.00 MODERN LANDFILL INC 417872 25-Jul-2018 CONTRACT SERVICES 9,875.51 Page 326 of 623 Page 8 of 12 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No.Cheque Date Purpose Amount MOHAWK MFG & SUPPLY CO 417210 05-Jul-2018 STORES/INVENTORY 1,775.53 MOHAWK MFG & SUPPLY CO 417426 11-Jul-2018 STORES/INVENTORY 67.67 MOHAWK MFG & SUPPLY CO 417641 18-Jul-2018 STORES/INVENTORY 419.75 MOKSH INDIAN BISTRO 417427 11-Jul-2018 REFUND 15.00 MOON,JIM SOO& MOON, BONG SON 417211 05-Jul-2018 REFUND 270.98 MOORE,TAYLOR 417873 25-Jul-2018 REFUND 40.75 MORRISON STREET HOLDINGS LIMITED 417212 05-Jul-2018 REFUND 624.18 MORSE & SON LIMITED 417213 05-Jul-2018 REFUND 1,356.14 MOTOROLA SOLUTIONS CANADA INC.417642 18-Jul-2018 MATERIALS 5,082.74 MRS. SOFTY INC.417428 11-Jul-2018 REFUND 50.00 MULLER'S WORKWEAR 417214 05-Jul-2018 MATERIALS 227.42 MULLER'S WORKWEAR 417643 18-Jul-2018 MATERIALS 1,086.66 MURPHY,DAN 417216 05-Jul-2018 MATERIALS 175.00 MURRAY,DONALD W 417215 05-Jul-2018 REFUND 8,159.13 NAGY,HANYA 417429 11-Jul-2018 PETTY CASH 802.10 NAGY,HANYA 417874 25-Jul-2018 PETTY CASH 250.25 NELLA CUTLERY (HAMILTON) INC.417430 11-Jul-2018 CONTRACT SERVICES 101.70 NESS,MARLENE 417217 05-Jul-2018 MATERIALS 150.00 NGUYEN,HANH THI 417431 11-Jul-2018 REFUND 750.00 NIACON LIMITED CONSTRUCTION COMPANY 417646 18-Jul-2018 CONTRACT SERVICES 421,369.54 NIAGARA 21 ST GROUP INC 417218 05-Jul-2018 REFUND 1,250.00 NIAGARA BATTERY & TIRE 417432 11-Jul-2018 VEH ID#264 11,533.18 NIAGARA BATTERY & TIRE 417644 18-Jul-2018 MATERIALS 2,538.06 NIAGARA BATTERY & TIRE 417875 25-Jul-2018 MATERIALS 1,515.21 NIAGARA BLOCK INCORPORATED 417219 05-Jul-2018 MATERIALS 666.70 NIAGARA BLOCK INCORPORATED 417433 11-Jul-2018 MATERIALS 5,828.10 NIAGARA BLOCK INCORPORATED 417876 25-Jul-2018 MATERIALS 583.42 NIAGARA CATHOLIC DISTRICT SCHOOL BOARD 00161-0004 29-Jun-2018 REMITTANCE 3,301,672.32 NIAGARA CHRYSLER DODGE JEEP 417220 05-Jul-2018 VEH ID#326 35.14 NIAGARA CHRYSLER DODGE JEEP 417877 25-Jul-2018 MATERIALS 808.57 NIAGARA COLLEGE 417645 18-Jul-2018 REFUND 482.54 NIAGARA CUSTOM SIGNS & GRAPHICS 417647 18-Jul-2018 MATERIALS 452.00 NIAGARA DISTRICT AIRPORT COMMISSION 417878 25-Jul-2018 REMITTANCE 130,209.00 NIAGARA FALLS ART GALLERY 417648 18-Jul-2018 GRANT 2,250.00 NIAGARA FALLS CURLING CLUB 417649 18-Jul-2018 MATERIALS 11,114.52 NIAGARA FALLS HUMANE SOCIETY 417434 11-Jul-2018 MATERIALS 960.00 NIAGARA FALLS HUMANE SOCIETY 417879 25-Jul-2018 GRANT 44,221.83 NIAGARA FALLS ILLUMINATION BOARD 417221 05-Jul-2018 REMITTANCE 42,060.00 NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC 00162-0008 03-Jul-2018 REMITTANCE 15,853.37 NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC 00164-0005 16-Jul-2018 REMITTANCE 8,055.00 NIAGARA FALLS TOURISM ASSOCIATION 417880 25-Jul-2018 GRANT 30,000.00 NIAGARA METER SERVICES INC.417223 05-Jul-2018 CONTRACT SERVICES 5,008.78 NIAGARA METER SERVICES INC.417650 18-Jul-2018 CONTRACT SERVICES 12,409.49 NIAGARA ON THE LAKE HYDRO INC 417651 18-Jul-2018 UTILITIES 136.83 NIAGARA PENINSULA ENERGY INC 417224 05-Jul-2018 UTILITIES 164,911.47 NIAGARA PENINSULA ENERGY INC 417435 11-Jul-2018 UTILITIES 16,638.65 NIAGARA PENINSULA ENERGY INC 417652 18-Jul-2018 UTILITIES 3,145.63 NIAGARA PENINSULA ENERGY INC 417881 25-Jul-2018 UTILITIES 28,862.82 NIAGARA REGIONAL BROADBAND NETWORK 417225 05-Jul-2018 SERVICES 37,153.20 NIAGARA REGIONAL BROADBAND NETWORK 417436 11-Jul-2018 SERVICES 11,818.67 NIAGARA REGIONAL BROADBAND NETWORK 417654 18-Jul-2018 SERVICES 12,198.35 NIAGARA REGIONAL BROADBAND NETWORK 417882 25-Jul-2018 MATERIALS 15,932.89 NIAGARA REGIONAL POLICE SERVICE 417653 18-Jul-2018 MATERIALS 50.00 NIAGARA REGIONAL SUMMER SWIM LEAGUE 417180 05-Jul-2018 MATERIALS 75.00 NIAGARA SAFETY VILLAGE 417437 11-Jul-2018 MATERIALS 4,000.00 NIAGARA SPRING SERVICE LTD 417438 11-Jul-2018 VEH ID#689 1,313.79 NIAGARA TENTS & EVENTS 417439 11-Jul-2018 MATERIALS 8,348.44 NIAGARA TRUCK N' STUFF INC 417226 05-Jul-2018 MATERIALS 542.60 NIALUND PROPERTIES LIMITED 417222 05-Jul-2018 REFUND 1,438.58 NICHOLSON,LAUNA 417227 05-Jul-2018 MATERIALS 100.00 NICHOLSON,SARAH 417883 25-Jul-2018 MATERIALS 250.00 NICOLE SMITH 417269 05-Jul-2018 REFUND 244.25 NIGHT WATCH SECURITY 417228 05-Jul-2018 SERVICES 305.10 NIGHT WATCH SECURITY 417655 18-Jul-2018 SERVICES 1,356.00 NOBLE CORPORATION 417656 18-Jul-2018 MATERIALS 40.20 NOBLE CORPORATION 417884 25-Jul-2018 MATERIALS 125.73 NOKES,DANIEL 417229 05-Jul-2018 REFUND 172.05 NORTHLAND DISTRIBUTION LTD.417230 05-Jul-2018 MATERIALS 899.59 NORTHLAND DISTRIBUTION LTD.417440 11-Jul-2018 MATERIALS 698.00 OACETT 417885 25-Jul-2018 MEMBERSHIP 244.24 OGBUAH,CHRISTOPHER TREVOR 417886 25-Jul-2018 REFUND 104.56 O'HARA TRUCKING & EXCAVATING 417657 18-Jul-2018 MATERIALS 2,895.63 OMERS 00162-0009 03-Jul-2018 REMITTANCE 1,701,373.03 OMERS 00162-0010 03-Jul-2018 REMITTANCE 54,543.07 OMHRA 417887 25-Jul-2018 MEMBERSHIP 115.26 Page 327 of 623 Page 9 of 12 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No.Cheque Date Purpose Amount ONTARIO BUILDING OFFICIALS ASSOCIATION 417658 18-Jul-2018 MATERIALS 304.93 ONTARIO CORN ROASTERS 417442 11-Jul-2018 REFUND 50.00 ONTARIO GAMING ASSET CORPORATION 417441 11-Jul-2018 REFUND 1,250.00 ONTARIO GYM & SPORTS 417888 25-Jul-2018 MATERIALS 2,457.64 ORKIN CANADA CORPORATION 417231 05-Jul-2018 MATERIALS 168.37 OVERLAND CUSTOM COACH (2007) INC.417232 05-Jul-2018 STORES/INVENTORY 2,218.40 OVERLAND CUSTOM COACH (2007) INC.417660 18-Jul-2018 STORES/INVENTORY 51.80 OVERLAND CUSTOM COACH (2007) INC.417889 25-Jul-2018 STORES/INVENTORY 5,142.16 PAHAL,HARNAIK 417890 25-Jul-2018 REFUND 217.91 PANCZUK,VICTOR 417891 25-Jul-2018 REFUND 79.10 PAPETTI,DANNY 417233 05-Jul-2018 MATERIALS 135.60 PARADISE POOLS 417234 05-Jul-2018 MATERIALS 2,701.59 PARADISE POOLS 417443 11-Jul-2018 MATERIALS 1,101.06 PARADISE POOLS 417661 18-Jul-2018 MATERIALS 586.00 PARADISE POOLS 417892 25-Jul-2018 MATERIALS 1,145.81 PARKER,NICOLE 417444 11-Jul-2018 REFUND 47.83 PARTY CONNECTION 417235 05-Jul-2018 MATERIALS 192.10 PARTY CONNECTION 417893 25-Jul-2018 MATERIALS 129.27 PASCOE,LAWRENCE 417894 25-Jul-2018 REFUND 200.49 PC AUTO ELECTRIC 417236 05-Jul-2018 VEH ID#280 213.17 PEAK-RYZEX ULC 417662 18-Jul-2018 SERVICES 1,387.09 PEC ROOF MAINTENANCE 417445 11-Jul-2018 CONTRACT SERVICES 3,239.22 PEC ROOF MAINTENANCE 417663 18-Jul-2018 MATERIALS 2,703.48 PEC ROOF MAINTENANCE 417895 25-Jul-2018 MATERIALS 663.14 PENINSULA PEST CONTROL LTD 417446 11-Jul-2018 CONTRACT SERVICES 463.30 PENINSULA PEST CONTROL LTD 417664 18-Jul-2018 CONTRACT SERVICES 440.70 PENNER BUILDING CENTRE 417665 18-Jul-2018 MATERIALS 914.44 PERERA,REINALDO GARCIA 417447 11-Jul-2018 REFUND 203.34 PERFORMANCE AUTO GROUP 417666 18-Jul-2018 MATERIALS 465.56 PERRI-MED 417896 25-Jul-2018 MATERIALS 500.00 PETTI,NIKKO 417448 11-Jul-2018 TRAVEL/MILEAGE 21.06 PHIL RITCHIE 417920 25-Jul-2018 GRANT 20,000.00 PHOENIX FOUNDRY PTY LTD 417667 18-Jul-2018 MATERIALS 594.35 PHOTECH ENVIRONMENTAL SOLUTIONS INC.417897 25-Jul-2018 MATERIALS 1,523.47 PHUONG,ANGELA HO 417898 25-Jul-2018 REFUND 28.81 PINDERS SECURITY PRODUCTS 417668 18-Jul-2018 STORES/INVENTORY 4,809.28 PINERIDGE TREE SERVICE LTD 417237 05-Jul-2018 CONTRACT SERVICES 4,854.48 PINERIDGE TREE SERVICE LTD 417899 25-Jul-2018 MATERIALS 14,644.80 PINEWOOD HOMES (TARA) LTD 417238 05-Jul-2018 REFUND 4,126.86 PLAN GROUP INC 417669 18-Jul-2018 REFUND 652.77 PLATA,BRYON 417670 18-Jul-2018 MATERIALS 45.00 PLAYPOWER LT CANADA INC 417900 25-Jul-2018 MATERIALS 49,444.96 POTTER,JAMES 417901 25-Jul-2018 REFUND 750.00 PRAXAIR 417902 25-Jul-2018 CONTRACT SERVICES 439.43 PREMIER EQUIPMENT LTD 417239 05-Jul-2018 VEH ID#251 1,310.07 PREMIER EQUIPMENT LTD 417449 11-Jul-2018 MATERIALS 2,510.67 PREMIER EQUIPMENT LTD 417903 25-Jul-2018 MATERIALS 1,715.43 PREMIER TRUCK GROUP 417240 05-Jul-2018 VEH ID#283 2,795.29 PREMIER TRUCK GROUP 417450 11-Jul-2018 STORES/INVENTORY 4,568.30 PREMIER TRUCK GROUP 417671 18-Jul-2018 MATERIALS 863.41 PREVOST 417241 05-Jul-2018 STORES/INVENTORY 3,770.53 PREVOST 417451 11-Jul-2018 STORES/INVENTORY 733.02 PREVOST 417672 18-Jul-2018 STORES/INVENTORY 3,549.40 PREVOST 417904 25-Jul-2018 STORES/INVENTORY 337.98 PRIMARY CARE NIAGARA - NIAGARA FALLS 417452 11-Jul-2018 MATERIALS 2,295.00 PRIMARY CARE NIAGARA - NIAGARA FALLS 417673 18-Jul-2018 MATERIALS 200.00 PRINTING HOUSE LTD 417905 25-Jul-2018 MATERIALS 820.16 PRO BATTERY SHOPS 417242 05-Jul-2018 MATERIALS 1,380.53 PROFORMA 417674 18-Jul-2018 MATERIALS 1,404.70 PROJECT SHARE 417906 25-Jul-2018 GRANT 24,866.67 PROLOGUE TO THE PERFORMING ARTS 417907 25-Jul-2018 MATERIALS 146.44 PROPERTY REHAB 417908 25-Jul-2018 REFUND 500.00 PUBLIC SECTOR DIGEST 417909 25-Jul-2018 SERVICES 10,465.97 PULLIA,MARY 417910 25-Jul-2018 REFUND 100.00 PUROLATOR INC 417453 11-Jul-2018 COURIER 238.59 PUROLATOR INC 417911 25-Jul-2018 COURIER 51.99 PVM HYDRAULICS LTD.417454 11-Jul-2018 CONTRACT SERVICES 890.23 PYMM,MICHAEL 417455 11-Jul-2018 REFUND 0.73 QUEENSTON LIMESTONE COMPANY LTD.417912 25-Jul-2018 MATERIALS 1,695.00 R J SMITH EQUIPMENT INC 417923 25-Jul-2018 MATERIALS 3,175.30 R W HAMILTON LTD.417465 11-Jul-2018 MATERIALS 325.42 RACO AUTO SUPPLY LTD 417243 05-Jul-2018 STORES/INVENTORY 509.87 RACO AUTO SUPPLY LTD 417456 11-Jul-2018 STORES/INVENTORY 363.01 RACO AUTO SUPPLY LTD 417675 18-Jul-2018 STORES/INVENTORY 1,011.39 RACO AUTO SUPPLY LTD 417913 25-Jul-2018 STORES/INVENTORY 298.78 Page 328 of 623 Page 10 of 12 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No.Cheque Date Purpose Amount RADFORD,CASSANDRA 417914 25-Jul-2018 REFUND 44.13 RAINBOW MOTOR COURT OF NIAGARA FALLS LIMITED 417244 05-Jul-2018 REFUND 10,098.79 RANG,FREDERICK WILHELM 417676 18-Jul-2018 REFUND 141.25 RANKIN CONSTRUCTION INC 417245 05-Jul-2018 CONTRACT SERVICES 1,263,927.08 RANKIN CONSTRUCTION INC 417457 11-Jul-2018 MATERIALS 30,763.72 RBC 417458 11-Jul-2018 REFUND 1,174.40 RBC LIFE INSURANCE COMPANY 417246 05-Jul-2018 REMITTANCE 1,963.87 REALTAX INC 417247 05-Jul-2018 MATERIALS 397.89 RECEIVER GENERAL 417459 11-Jul-2018 REMITTANCE 564,928.27 RECEIVER GENERAL 417915 25-Jul-2018 REMITTANCE 574,612.89 REDDY,KUNDAVARAM NARSIMHA 417248 05-Jul-2018 REFUND 124.30 REFRIGERATION ENERGY SOLUTIONS LTD 417249 05-Jul-2018 CONTRACT SERVICES 1,638.50 REFRIGERATION ENERGY SOLUTIONS LTD 417460 11-Jul-2018 CONTRACT SERVICES 1,122.87 REFRIGERATION ENERGY SOLUTIONS LTD 417677 18-Jul-2018 CONTRACT SERVICES 1,359.98 REFRIGERATION ENERGY SOLUTIONS LTD 417916 25-Jul-2018 CONTRACT SERVICES 5,536.70 REGION OF WATERLOO 417250 05-Jul-2018 STORES/INVENTORY 10,000.00 REGIONAL MUNICIPALITY OF NIAGARA 417917 25-Jul-2018 CONTRACT SERVICES 2,262,148.09 REGIONAL MUNICIPALITY OF NIAGARA 00162-0011 03-Jul-2018 MATERIALS 743,726.38 REGIONAL MUNICIPALITY OF NIAGARA 00163-0001 09-Jul-2018 CONTRACT SERVICES 2,608,547.43 REGIONAL MUNICIPALITY OF NIAGARA 00164-0006 16-Jul-2018 CONTRACT SERVICES 10,788.82 REGIONAL MUNICIPALITY OF NIAGARA 00165-0004 18-Jul-2018 MATERIALS 1,578.75 RENDA,BRYAN 417918 25-Jul-2018 REFUND 230.00 RICOH CANADA INC 417919 25-Jul-2018 SERVICES 7,774.61 RIOCAN HOLDINGS INC 417251 05-Jul-2018 REFUND 10,430.58 RIOCAN HOLDINGS INC.417252 05-Jul-2018 CONTRACT SERVICES 1,695.86 RIOCAN HOLDINGS INC.417678 18-Jul-2018 LEASES AND RENTS 3,209.62 RIVER REALTY DEVELOPMENT (1976) INC 417922 25-Jul-2018 REFUND 1,250.00 RIVERSIDE BRASS 417679 18-Jul-2018 MATERIALS 1,039.60 RIVERSIDE BRASS 417921 25-Jul-2018 MATERIALS 336.74 ROBBINS,RICHARD 417461 11-Jul-2018 TRAVEL/MILEAGE 60.00 ROBERTO,PHIL 417925 25-Jul-2018 MATERIALS 80.00 ROBINSON,AMANDA 417924 25-Jul-2018 REFUND 34.75 ROBINSON,GORDON 417462 11-Jul-2018 REFUND 95.94 ROCHESTER MIDLAND CANADA CORPORATION 417253 05-Jul-2018 CONTRACT SERVICES 2,127.50 ROCHESTER MIDLAND CANADA CORPORATION 417926 25-Jul-2018 CONTRACT SERVICES 262.77 ROGERS WIRELESS 417681 18-Jul-2018 MATERIALS 1,097.90 ROGERS WIRELESS INC 417680 18-Jul-2018 MATERIALS 1,009.19 ROGERS WIRELESS INC 417927 25-Jul-2018 CONTRACT SERVICES 2,247.32 ROMANELLI,ANTONIO& ROMANELLI, LORRAINE 417463 11-Jul-2018 REFUND 110.60 ROY,STEPHAN JEAN GUY 417464 11-Jul-2018 REFUND 750.00 SACCO CONSTRUCTION LTD 417682 18-Jul-2018 MATERIALS 10,291.76 SACCO,DOLORES 417467 11-Jul-2018 TRAVEL/MILEAGE 208.98 SAFE STOR RECORDS MANAGEMENT 417929 25-Jul-2018 MATERIALS 262.16 SAFETY-KLEEN CANADA INC 417254 05-Jul-2018 MATERIALS 113.00 SAFETY-KLEEN CANADA INC 417468 11-Jul-2018 MATERIALS 2,960.60 SAIDI,SOHRAB 417930 25-Jul-2018 REFUND 10.31 SAM VISCA ELECTRIC 417521 11-Jul-2018 MATERIALS 381.94 SAMANDARI,NIMA 417931 25-Jul-2018 REFUND 200.59 SANI GEAR 417932 25-Jul-2018 MATERIALS 5,287.10 SAVELLI,DAVID 417469 11-Jul-2018 MATERIALS 93.99 SCHACHOWSKOJ,KENT 417470 11-Jul-2018 MATERIALS 1,135.95 SCHIFFER,ANDREA 417933 25-Jul-2018 REFUND 500.00 SCHULTZ-PRYZNER,PATRICIA 417471 11-Jul-2018 REFUND 197.16 SCOTT BEST SEWER SERVICES 417472 11-Jul-2018 CONTRACT SERVICES 1,711.95 SCOTT BEST SEWER SERVICES 417683 18-Jul-2018 CONTRACT SERVICES 197.75 SCOTT CONSTRUCTION NIAGARA INC 417473 11-Jul-2018 CONTRACT SERVICES 4,136.70 SCOTT CONSTRUCTION NIAGARA INC 417934 25-Jul-2018 CONTRACT SERVICES 1,804.84 SCOTT CONSTRUCTION NIAGARA INC 417935 25-Jul-2018 CONTRACT SERVICES 6,729.21 SEALER WORKS INC.417937 25-Jul-2018 MATERIALS 1,633.19 SENTINEAL CARRIAGES INC 417475 11-Jul-2018 MATERIALS 531.10 SEO,EUN MI 417938 25-Jul-2018 REFUND 211.96 SERVICEMASTER CLEAN OF NIAGARA 417476 11-Jul-2018 CONTRACT SERVICES 536.75 SERVICEMASTER CLEAN OF NIAGARA 417939 25-Jul-2018 CONTRACT SERVICES 15,703.61 SERVOS,RUTH 417477 11-Jul-2018 REFUND 750.00 SHANTZ,CHRISTINE 417941 25-Jul-2018 MATERIALS 101.36 SHARPE,BRIAN 417940 25-Jul-2018 REFUND 221.20 SHERIFF OF REG. MUN. OF NIAGARA AT WELLAND 417478 11-Jul-2018 REMITTANCE 339.99 SHERIFF OF REG. MUN. OF NIAGARA AT WELLAND 417942 25-Jul-2018 REMITTANCE 389.05 SHRED IT INTERNATIONAL ULC 417479 11-Jul-2018 CONTRACT SERVICES 124.14 SHRED IT INTERNATIONAL ULC 417684 18-Jul-2018 CONTRACT SERVICES 517.75 SIDOFF,MARUSCIA 417255 05-Jul-2018 REFUND 589.47 SIGNATURE SIGNS 417480 11-Jul-2018 MATERIALS 559.35 SILLS,THOMAS 417481 11-Jul-2018 REFUND 168.94 SIMPLISTIC LINES INC 417482 11-Jul-2018 MATERIALS 6,558.53 SLOVAK,JUSTIN 417943 25-Jul-2018 TRAVEL/MILEAGE 54.00 Page 329 of 623 Page 11 of 12 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No.Cheque Date Purpose Amount SMITH,CLIFFORD 417685 18-Jul-2018 REFUND 300.00 SNAP ON TOOLS OF CANADA LTD 417686 18-Jul-2018 MATERIALS 15,416.03 SNAPD NIAGARA FALLS 417483 11-Jul-2018 ADVERTISING 339.00 SOMERVILLE,GREG 417256 05-Jul-2018 MATERIALS 175.00 SOTTILE,CHRIS 417257 05-Jul-2018 REFUND 271.20 SPENCER,GERALD 417944 25-Jul-2018 MATERIALS 96.05 SQUARE ROOTS RESTORATION AND CARPENTRY 417687 18-Jul-2018 CONTRACT SERVICES 24,860.00 ST JOHN AMBULANCE 417689 18-Jul-2018 GRANT 2,741.67 ST JOHN AMBULANCE 417948 25-Jul-2018 GRANT 41,923.75 ST ONGE,ED 417488 11-Jul-2018 MATERIALS 150.00 STAMFORD HOME HARDWARE 417485 11-Jul-2018 MATERIALS 146.85 STAMFORD HOME HARDWARE 417946 25-Jul-2018 MATERIALS 70.03 STANTEC CONSULTING LTD 417945 25-Jul-2018 CONTRACT SERVICES 1,012.02 STAPLES ADVANTAGE 417486 11-Jul-2018 STORES/INVENTORY 3,532.86 STAPLES ADVANTAGE 417688 18-Jul-2018 STORES/INVENTORY 3,248.00 STAPLES ADVANTAGE 417947 25-Jul-2018 STORES/INVENTORY 765.60 STERNE,THOMAS ROBERT& CHENG, SUI QIONG 417258 05-Jul-2018 REFUND 849.16 STEVENSVILLE LAWN SERVICE INC 417487 11-Jul-2018 CONTRACT SERVICES 396,116.56 STONES,HEATHER 417690 18-Jul-2018 MATERIALS 128.60 STONIER,DEREK 417949 25-Jul-2018 MATERIALS 200.00 STORAGE NIAGARA 417950 25-Jul-2018 MATERIALS 751.45 STRANGES,GIUSEPPE ESTATE OF& STRANGES, ANTONIETTA ESTATE OF417259 05-Jul-2018 REFUND 577.52 STRANGES,LOU 417260 05-Jul-2018 TRAVEL/MILEAGE 120.96 STREAMLINE UPHOLSTERY INC 417489 11-Jul-2018 MATERIALS 1,090.45 STUDENT ADMINISTRATIVE COUNCIL-NIAGARA COLLEGE SAC 417261 05-Jul-2018 ADVERTISING 405.67 SUN LIFE ASSURANCE COMPANY OF CANADA 00163-0002 09-Jul-2018 REMITTANCE 425,288.15 SUN LIFE ASSURANCE COMPANY OF CANADA - BILLING AND COLLECTIONS - GROUP FINANCE41749111-Jul-2018 REMITTANCE 3,123.32 SUNCOR ENERGY PRODUCTS PARTNERSHIP 417262 05-Jul-2018 FUEL 57,342.48 SUNCOR ENERGY PRODUCTS PARTNERSHIP 417490 11-Jul-2018 FUEL 66,137.04 SUNCOR ENERGY PRODUCTS PARTNERSHIP 417691 18-Jul-2018 FUEL 57,053.53 SUNCOR ENERGY PRODUCTS PARTNERSHIP 417951 25-Jul-2018 FUEL 57,864.45 SUPERIOR LAUNDRY SERVICE LTD.417492 11-Jul-2018 CONTRACT SERVICES 38.42 SUPERIOR LAUNDRY SERVICE LTD.417692 18-Jul-2018 CONTRACT SERVICES 436.20 SUPERIOR LAUNDRY SERVICE LTD.417953 25-Jul-2018 CONTRACT SERVICES 42.94 SUPERIOR PROPANE 417952 25-Jul-2018 MATERIALS 37.58 SYNCHRO ENGINEERING LTD 417954 25-Jul-2018 REFUND 436.05 T & T DRY CLEANERS & TAILORS 417965 25-Jul-2018 CONTRACT SERVICES 361.59 TALK WIRELESS INC 417494 11-Jul-2018 VEH ID#674 4,661.36 TALK WIRELESS INC 417693 18-Jul-2018 CONTRACT SERVICES 1,898.40 TALK WIRELESS INC 417955 25-Jul-2018 CONTRACT SERVICES 1,340.18 TALLYN,DAVID 417493 11-Jul-2018 REFUND 197.16 TARTEN EQUIPMENT LIMITED 417956 25-Jul-2018 MATERIALS 254.68 TASTE BUDS CAFE & EATERY 417694 18-Jul-2018 MATERIALS 327.78 TAXITAB 417957 25-Jul-2018 CONTRACT SERVICES 6,842.44 TAYLOR,CELIA 417495 11-Jul-2018 REFUND 162.08 TAYLOR,JENELL& TAYLOR, DUSTIN 417695 18-Jul-2018 REFUND 131.83 TD CANANDA TRUST 417958 25-Jul-2018 REFUND 800.94 TECHNICAL STANDARDS & SAFETY AUTHORITY 417496 11-Jul-2018 CONTRACT SERVICES 257.08 TENAQUIP LIMITED 417497 11-Jul-2018 MATERIALS 1,041.30 TENNANT SALES AND SERVICE COMPANY 417498 11-Jul-2018 MATERIALS 900.83 TESO,MIKE 417959 25-Jul-2018 GRANT 75.00 THE CANADA TRUST COMPANY 417307 11-Jul-2018 REFUND 2,914.55 THE CHECKERS SHOW US DRAFT 22-Jun-2018 MATERIALS 275.00 THORPE,JAMES 417696 18-Jul-2018 MATERIALS 150.00 THYSSENKRUPP ELEVATOR (CANADA) LIMITED 417499 11-Jul-2018 CONTRACT SERVICES 948.41 THYSSENKRUPP ELEVATOR (CANADA) LIMITED 417960 25-Jul-2018 CONTRACT SERVICES 213.91 TIBETAN ARTS 417500 11-Jul-2018 REFUND 50.00 TIM HORTON'S STORE 1922 417501 11-Jul-2018 MATERIALS 102.76 TOOLBOX 417502 11-Jul-2018 STORES/INVENTORY 120.68 TOP NOTCH PROMOTIONAL PRODUCTS INC 417503 11-Jul-2018 MATERIALS 689.30 TOPLIFFE,JEANETTE 417697 18-Jul-2018 TRAINING 200.57 TOROMONT CAT 417504 11-Jul-2018 MATERIALS 1,667.67 TORONTO STAMP INC 417505 11-Jul-2018 MATERIALS 253.01 TOTAL LAND CARE SERVICES 417506 11-Jul-2018 CONTRACT SERVICES 10,113.50 TOUCHSTONE SITE CONTRACTORS 417961 25-Jul-2018 MATERIALS 33,149.06 TOURNOI FRANCO 2018 417962 25-Jul-2018 GRANT 1,500.00 TRANSAXLE PARTS (HAMILTON) INC.417507 11-Jul-2018 STORES/INVENTORY 4,825.65 TRANSAXLE PARTS (HAMILTON) INC.417698 18-Jul-2018 STORES/INVENTORY 1,351.34 TRANSAXLE PARTS (HAMILTON) INC.417963 25-Jul-2018 STORES/INVENTORY 162.39 TRANSPORTATION SAFETY TRAINING 417508 11-Jul-2018 MATERIALS 1,101.75 TRANSPORTATION SAFETY TRAINING 417964 25-Jul-2018 TRAINING 3,084.90 TRAPEZE SOFTWARE ULC 417509 11-Jul-2018 MATERIALS 4,892.90 TREMBLAY,TALYA 417511 11-Jul-2018 REFUND 294.50 TRENCHLESS UTILITY EQUIPMENT INC 417510 11-Jul-2018 CONTRACT SERVICES 5,120.03 TRIMARCHI,PATRICIA 417699 18-Jul-2018 MATERIALS 142.37 Page 330 of 623 Page 12 of 12 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS VENDOR NAME Cheque No.Cheque Date Purpose Amount TRUGREEN 417512 11-Jul-2018 CONTRACT SERVICES 1,835.23 TURF CARE PRODUCTS CANADA LIMITED 417700 18-Jul-2018 MATERIALS 834.55 TWARDAWSKY,NICK 417263 05-Jul-2018 TRAVEL/MILEAGE 216.00 UCC INDUSTRIES INTERNATIONAL INC 417513 11-Jul-2018 MATERIALS 1,084.80 ULINE CANADA CORPORATION 417514 11-Jul-2018 MATERIALS 1,397.33 ULINE CANADA CORPORATION 417966 25-Jul-2018 MATERIALS 1,859.42 UNITED WAY 417967 25-Jul-2018 PAYROLL REMITTANCE 937.00 UNITRADE ASSOCIATES 417515 11-Jul-2018 MATERIALS 135.93 UPPER CANADA CONSULTANTS 417516 11-Jul-2018 MATERIALS 22,284.57 UPPER CANADA CONSULTANTS 417968 25-Jul-2018 MATERIALS 32,554.16 URBAN & ENVIRONMENTAL MANAGEMENT INC 417517 11-Jul-2018 MATERIALS 7,925.54 URQUHART,TAYLOR 417518 11-Jul-2018 MATERIALS 175.00 VALLEN CANADA INC 417701 18-Jul-2018 MATERIALS 1,539.96 VALLEY WAY INVESTMENTS INC 417702 18-Jul-2018 REFUND 4,289.98 VALUE MUFFLER & BRAKE CENTRE 417703 18-Jul-2018 MATERIALS 306.04 VAN HOUTTE COFFEE SERVICES INC 417519 11-Jul-2018 MATERIALS 58.80 VESTA LUNCH ON WHEELS 417520 11-Jul-2018 REFUND 50.00 VICTORIA CENTRE BIA 417264 05-Jul-2018 REMITTANCE 118,750.00 VIKING SECURITY 417969 25-Jul-2018 MATERIALS 2,851.56 VUCKOVIC,NATASHA 417704 18-Jul-2018 TRAINING 269.35 WALK ON THE RUSTIC SIDE 417523 11-Jul-2018 REFUND 50.00 WALKER AGGREGATES INC 417522 11-Jul-2018 MATERIALS 481.86 WALKER AGGREGATES INC 417705 18-Jul-2018 MATERIALS 1,910.09 WALKER AGGREGATES INC 417971 25-Jul-2018 MATERIALS 3,044.29 WALKER ENVIRONMENTAL GROUP INC.417706 18-Jul-2018 MATERIALS 114.41 WALKER ENVIRONMENTAL GROUP INC.417972 25-Jul-2018 MATERIALS 104.41 WALKER,AGNES 417970 25-Jul-2018 REFUND 512.63 WALSH,JOHN 417524 11-Jul-2018 TRAVEL/MILEAGE 100.00 WARCHALA,MICHAEL 417973 25-Jul-2018 TRAVEL/MILEAGE 115.02 WASTE MANAGEMENT OF CANADA CORPORATION 417974 25-Jul-2018 MATERIALS 436.81 WATER CONCEPTS 417525 11-Jul-2018 MATERIALS 84.75 WEGELIN,KEN& WEGELIN, VICTORIA 417975 25-Jul-2018 REFUND 750.00 WEINMANN LIMITED 417707 18-Jul-2018 CONTRACT SERVICES 39,124.38 WEINMANN LIMITED 417976 25-Jul-2018 CONTRACT SERVICES 6,274.77 WESTPIER MARINE & INDUSTRIAL SUPPLY INC.417708 18-Jul-2018 STORES/INVENTORY 920.64 WHITEHOTS INC.417526 11-Jul-2018 MATERIALS 1,586.89 WHITEHOTS INC.417709 18-Jul-2018 MATERIALS 10,177.37 WHITEHOTS INC.417977 25-Jul-2018 MATERIALS 5,725.45 WILKINSON,SONIA 417527 11-Jul-2018 MATERIALS 500.00 WILLIAMSON,MATTHEW 417979 25-Jul-2018 REFUND 86.83 WINTER FESTIVAL OF LIGHTS 417980 25-Jul-2018 GRANT 28,500.00 WOMEN'S PLACE OF SOUTH NIAGARA INC 417710 18-Jul-2018 GRANT 1,612.50 WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTIONS 417528 11-Jul-2018 MATERIALS 1,564.49 WORK AUTHORITY 417529 11-Jul-2018 MATERIALS 750.00 WORK AUTHORITY 417711 18-Jul-2018 MATERIALS 300.00 WORLDWIDE TURF INC 417265 05-Jul-2018 CONTRACT SERVICES 9,966.60 WSIB 417266 05-Jul-2018 REMITTANCE 10,679.10 WSIB 417267 05-Jul-2018 REMITTANCE 773.40 WSIB 417530 11-Jul-2018 REMITTANCE 18,633.37 WSIB 417712 18-Jul-2018 REMITTANCE 7,624.22 WSP CANADA GROUP LIMITED 417531 11-Jul-2018 MATERIALS 4,653.34 WSP CANADA GROUP LIMITED 417713 18-Jul-2018 MATERIALS 3,746.49 WSP CANADA GROUP LIMITED 417981 25-Jul-2018 MATERIALS 60,666.31 XPLORNET COMMUNICATIONS INC 417532 11-Jul-2018 SERVICES 96.04 YANNIX CANADA INC 417268 05-Jul-2018 REFUND 4,960.94 YMCA OF NIAGARA 417714 18-Jul-2018 MATERIALS 4,389.91 YMCA OF NIAGARA 417982 25-Jul-2018 MATERIALS 4,156.69 YOUNG SOD FARMS LTD 417715 18-Jul-2018 MATERIALS 534.15 YWCA 417716 18-Jul-2018 GRANT 4,277.75 ZAMBONI COMPANY LTD 417983 25-Jul-2018 MATERIALS 2,506.33 ZHANG,GUANGLI 417533 11-Jul-2018 MATERIALS 65.51 ZUBIC,GORAN 417534 11-Jul-2018 REFUND 500.00 Total 26,296,569.14 Page 331 of 623 PBD-2018-41 August 14, 2018 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2018-41 Matters Arising from Municipal Heritage Committee Request to Designate 2358 Portage Road RECOMMENDATION That Council direct staff to issue a Notice of Intention to Designate the property at 2358 Portage Road, Niagara Falls, under Part IV of the On tario Heritage Act, R.S.O. 1990 due to its cultural heritage value and interest to the City. EXECUTIVE SUMMARY The owner has requested that a portion of the property at 2358 Portage Road be designated as a property of cultural heritage value and interest. The portion is that which is described in Reference Plan 59R-16232 and contains a small stone building. The Municipal Heritage Committee has determined that it meets the criteria in Regulation 9/06 of the Ontario Heritage Act and therefore recommends that it be designated. ANALYSIS/RATIONALE The present owners purchased the property in 2017. The property consisted of a main house, a small stone structure and also another small building that was used as a garage. Upon purchasing the property the new owners severed off a portion of the property to the west and also the property that contained the structure being used as a garage. The property in Reference Plan 59R- 16232 contains a small stone structure that is subject to the proposed designation. The building measures approximately 6.4 m x 4.4 m =28.1 m2 (300 ft2) and has a low pitched gable roof. The roof is covered with modern asphalt shingles and it is unknown what the original covering may have been. Page 332 of 623 2 PBD-2018-41 August 14, 2018 There are two windows on the sides of the building which are the longest portions of the building. The windows are centered in the side walls and each have limestone lintels and sills, the same as the single door that is set in the northwest wall, slightly off-set of center. The walls of the building are rough-cut stone. The building is set slightly into the ground as evidenced by the step down to the floor of the structure. The interior floor is concrete, which may have been added later as the original floor may have been dirt. On the inside rear wall there are two holes in the wall. These look as though they were used for chimneys at various times. Photos taken of the interior of the chimneys show them as unobstructed. The ceiling of the building is made of wood strips approx. 2”-3” in width. The gable roof of the building is not reflected in this flat ceiling. The interior walls have been coated in a plaster type material, which has been removed in some portions and exposes brick and also stone. A similar small stone building has been researched in the Town of Oakville and it has been discovered that the building was called a stone dairy and from photos of the interior of this building, it seems very similar in construction and interior condition. The white plaster walls and two round chimney or vents are found in the rear wall. The building would have been used for the production of butter, which due to its propensity to absorb odours, necessitated its own separate structure to make and store the butter. The stone used in the building is limestone, likely quarried from the Queenston Quarry, just a short distance north on Stanley Avenue. The stone has scars through it, evidence of how it was quarried, likely in the late 1800’s. There are other properties in the City that have small stone buildings that have been called ‘smoke houses’ and it could be that this building was used as a smoke house. Over time, this building, being located on a farm property, has likely had many uses and there does not appear to be any one definitive feature that points to its exact use. Jon Jouppien, a local, noted Conservationist, restoration expert and stone mason, has described the stone as being “laid in a random rubble coursing with often only one face dressed to give the appearance of regularity in cut stone blocks (ashlar). The lime mortar has deteriorated significantly on all sides of the building. The Municipal Heritage Committee conducted a site visit and reviewed the small stone structure to see if the building could satisfy the criteria of Regulation 9/06 of the Ontario Heritage Act, to determine a property’s heritage value and interest. The committee concluded that the property met at least one of the three criteria and therefore is worthy of designation. Designation applies to the real property and any structures or other features are called contributing features. The small stone building is considered the main heritage attribute of the property at this time. The owners may consider amending this by-law in the future to include other heritage attributes once further research is done on the main house and buried foundation. Page 333 of 623 3 PBD-2018-41 August 14, 2018 The following chart outlines the criteria of Regulation 9/06 and compares it to the features of the property. Regulation 9/06 - Criteria 2358 Portage Road 1. The property has design value or physical value because it: i. Is a rare, unique representative or early example of a style, type, expression, material or construction method ii. Displays a high degree of craftsmanship or artistic merit or iii. Demonstrated a high degree of technical or scientific achievement Rare building for its continued existence having been built in the mid 19th century of rubble stone and now quite near the modern day road. 2. The property has historical value or associative value because it: i. Has direct associations with a theme, event, belief, person, activity, organization or institution that is significant to a community ii. Yields, or has the potential to yield information that contributes to an understanding of a community or culture, or iii. Demonstrates or reflects the work or ideas of an architect, artist, builder, designer or theorist who is significant to a community Associative value for its connection to the Erie & Ontario Rail Road – “Stamford Halfway” point where the horses that were pulling the rail cars up the escarpment were changed. As a farm building it may have functioned as a part of the farm operation to support the horses and their care. 3. The property has contextual value because it: i. Is important in defining, maintaining or supporting the character of an area ii. Is physically, functionally, visually or historically linked to its surroundings, or iii. Is a landmark The building is a landmark near the intersection of Portage Road and Stanley Avenue, two very old roads that have historical significance. Due to its proximity to the road edge, it is a prominent architectural feature near the corner. The Municipal Heritage Committee recommends to Council that staff be directed to issue a Notice of Intention to Designate the property in Reference Plan No. 59R-16232 due to its Cultural Heritage Value and Interest to the City of Niagara Falls. Page 334 of 623 4 PBD-2018-41 August 14, 2018 LIST OF ATTACHMENTS Schedule 1 – Location Map Schedule 2 – Photo of the stone building Schedule 3 – Reference Plan created to further locate building Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer P.Boyle:mb Attach. S:\PDR\2018\PBD-2018-41, Matters Arising from MHC, 2358 Portage Rd.docx Page 335 of 623 5 PBD-2018-41 August 14, 2018 SCHEDULE 1 Page 336 of 623 6 PBD-2018-41 August 14, 2018 SCHEDULE 2 Page 337 of 623 7 PBD-2018-41 August 14, 2018 SCHEDULE 3 Page 338 of 623 PBD-2018-48 August 14, 2018 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2018-48 Revitalization Grant Application – DRU-2018-001 5820 Robinson Street Applicant: Feng Han, CEO, Director of 1746362 Ontario Corp. RECOMMENDATION 1. That Council approve the Revitalization Grant Application for 5820 Robinson Street subject to the owner satisfying the program requirements including the entering into an agreement with the City. 2. That the Revitalization Grant request be forwarded to the Niagara Region for confirmation of support under the Smart Niagara Incentive Program (SNIP). EXECUTIVE SUMMARY These applications can be supported because: - the revitalization grant will assist in the creation of new residential units within the Historic Drummondville CIP Area and redevelopment of a former industrial site; and - the redevelopment of the vacant site will meet the intent of the Historic Drummondville CIP. BACKGROUND The applicant wishes to develop the currently vacant 1.71ha (4.2ac) parcel of land into 34 townhouse units (see Appendix 1). The property fronts onto the east side of Main Street and the south side of Robinson Street in the Historic Drummondville area of the City. It was formerly the site of a Coca-Cola Bottling Plant. The applicant is pursuing a Record of Site Condition to facilitate the residential use of these lands through a plan of subdivision and a common elements plan of condominium. Revitalization Grant Program An application under the City’s Revitalization Grant Program has been submitted. This grant offers a financial incentive in the form of a grant to help offset the increased property taxes that can result from the rehabilitation and revitalization of the property. The resulting increase in property assessment and taxes would be eligible for a re-imbursement at a rate of 80% (of the increase) in years 1 to 5; 60% in years 6 and 7; 40% in year 8; and 20% in years 9 and 10. In order to ensure proper budgeting for financial assistance through the Smarter Niagara Incentive Program the Niagara Region has requested that they be advised of the decision of City Council for tax increment based grants. Page 339 of 623 2 PBD-2018-48 August 14, 2018 The applicant has provided a total cost estimate of $6,814,285.00 in construction costs. This estimate includes works eligible under the Revitalization Grant Program. ANALYSIS/RATIONALE The rehabilitation of the property meets the intent of the Historic Drummondville Community Improvement Plan (CIP) by bringing residential uses into the area and redeveloping a vacant parcel of land. The introduction of residents was considered an economic catalyst for the Area’s commercial uses by the CIP. Council approved zoning by-law amendment 2010-131 to permit 30 townhouse units under a Residential Low Density, Group Multiple Dwelling (R4) Zone. The zoning was conditional on the filing of a Record of Site Condition. In 2015, a variance was obtained to increase the number of units to 34. In 2016, an application for Draft Plan of Subdivision and Draft Plan of Condominium (Common Elements) was approved by Council and the applicant is nearing completion of the conditions of approval. The requested incentive grant supports the permitted use. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The Tax Increment Based grant is confirmed when construction is completed and the Municipal Property Assessment Corporation has added the additional taxable assessment to the roll. This will impact a future taxation year and will be accounted for at that time. Based on the estimated cost of development submitted ($6,814,285) and an estimated post construction assessment value of $4,430,000 for 34 townhouse units, the value of the grant payments may total approximately $251,529.73. The final grant amount will be based on the actual post-project assessed value as determined by MPAC. CITY’S STRATEGIC COMMITMENT The approved of the applications will satisfy Council’s Strategic Priority by implementing the financial incentive programs within the Historic Drummondville CIP and meeting the intent of bringing new residents into the CIP area. LIST OF ATTACHMENTS Appendix 1 – Location map and photo Appendix 2 – Photo rendering of townhouse units Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer F.Berardi Attach. S:\PDR\2018\PBD-2018-48, DRU-2018-001, 5820 Robinson Street.docx Page 340 of 623 3 PBD-2018-48 August 14, 2018 APPENDIX 1 Page 341 of 623 4 PBD-2018-48 August 14, 2018 APPENDIX 2 Page 342 of 623 PBD-2018-49 August 14, 2018 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2018-49 DB-2018-003, Deeming By-law Application Lot 135, Plan 226, Hawkins Street Applicant: Habitat for Humanity Proposed Residential Development RECOMMENDATION That Council pass the by-law appearing on tonight’s agenda to deem Lot 135, Plan 226, to no longer be within the registered Plan of Subdivision, to enable the lands to merge with the abutting southerly parcel. EXECUTIVE SUMMARY Habitat for Humanity is requesting Council to pass a deeming by-law under the Planning Act for Lot 135, Plan 226, (Part 4 on Schedule 2) so that it will no longer be within the registered Plan of Subdivision. This will allow the lot to merge with the abutting southerly parcel (Parts 2 and 3 on Schedule 2) for future residential development. The lot is zoned Residential Single Family (R1C) zone. The lands the lot is proposed to be merged with are zoned Residential Low Density, Grouped Multiple Dwellings (R4) zone, in accordance with Zoning By-law No. 79-200. A future zoning amendment application is expected to allow the whole site to be developed for multi-unit housing. The Committee of Adjustment approved a consent application (B-2018-005), to sever Part 2 from Part 1 (6660 Hawkins Street). Part 2 was proposed to be added to Parts 3 and 4 to ensure the merged parcel complies with the minimum lot frontage requirement of the Zoning By-law. However, because Part 4 is a full lot (Lot 135, Plan 226) in a Plan of Subdivision, it cannot merge with Parts 2 and 3. Therefore, a deeming by-law is needed to remove Lot 135 from the plan of subdivision. The necessary deeming by-law is included in tonight’s agenda. BACKGROUND Proposal Habitat for Humanity is requesting Council to pass a deeming by-law under the Planning Act for Lot 135, Plan 226, (Part 4 on Schedule 2) so that it will no longer be within the registered Plan of Subdivision. The subject lands are located on the south side of Hawkins Street between Adams Avenue and Dell Street. Refer to Schedule 1 for the location of the lands. Page 343 of 623 2 PBD-2018-49 August 14, 2018 The subject land, Lot 135, Plan 226 (Part 4 on Schedule 2) is zoned Residential Single Family (R1C) zone. The lands the lot is proposed to be merged with (Parts 2 and 3 on Schedule 2) are zoned Residential Low Density, Grouped Multiple Dwellings (R4) zone, in accordance with Zoning By-law No. 79-200. On March 20, 2018 the Committee of Adjustment approved a consent application (B - 2018-005), to sever Part 2 from Part 1 (6660 Hawkins Street). Part 2 is proposed to be added to Parts 3 and 4 to ensure the merged parcel complies with the minimum l ot frontage requirement of the Zoning By-law. However, as Part 4 is a full lot (Lot 135, Plan 226) in a Plan of Subdivision it cannot merge with Parts 2 and 3. To resolve the issue the Committee of Adjustment (CofA) approved the consent conditional upon, Council passing a by-law to deem Lot 135, Plan 226, to no longer be within the registered Plan of Subdivision. This will enable the merger of the three parts. The consent was appealed by an adjacent land owner, but the Local Planning Appeal Tribunal (LPAT) dismissed the appeal and upheld the decision of CofA. The necessary deeming by-law is included in tonight’s agenda. A deeming by-law passed under Section 50(7) of the Planning Act removes the status of lots in a registered Plan of Subdivision. Passing the requested deeming by-law and its registration will allow the legal merger of the subject lands with Parts 2 and 3. Once merged, the subject property will meet the regulatory provisions of the Zoning By-law. A future zoning amendment application is expected to allow the whole site to be developed for multi-unit housing. CITY’S STRATEGIC COMMITMENT The proposal supports Council’s strategic priority of strengthening and promoting economic development in the City. LIST OF ATTACHMENTS Schedule 1 – Location Map Schedule 2 – Survey Sketch Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer A.Dilwaria:mb Attach. S:\PDR\2018\PBD-2018-49, DB-2018-003, Habitat for Humanity, Lots 135, Plan 226, Hawkins St.docx Page 344 of 623 3 PBD-2018-49 August 14, 2018 SCHEDULE 1 Page 345 of 623 4 PBD-2018-49 August 14, 2018 SCHEDULE 2 4 Page 346 of 623 PBD-2018-53 August 14, 2018 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2018-53 Request to Niagara Region, Urban Boundary Expansion RECOMMENDATION That this report be sent to Niagara Region as a formal request to consider the lands bounded by Mountain Road, the QEW and Kalar Road for an urban boundary expansion through the next phase of the Region’s Municipal Comprehensive Review. EXECUTIVE SUMMARY In 2012, Council adopted Official Plan Amendment (OPA) No. 106 which established a policy basis for an urban boundary expansion onto lands bounded by Mountain Road, the QEW and Kalar Road (“the Northwest”). Rationale for the recommendation to adopt the amendment was based on the need for the Northwest to meet the demand for housing through to 2031. Staff’s analysis at that time indicated that the supply of land for low density housing would run out sometime between 2026 and 2031. The analysis of the Northwest in 2012 did not anticipate the rate of recent development activity and the resultant reduction land supply. As such, it is likely that the current land supply for low density housing will run out well before the late 2020’s. Given this state of the land supply, a request to the Region to consider the Northwest together with other private landowner requests for an urban boundary expansion is prudent. BACKGROUND Niagara Region in currently undertaking a Municipal Comprehensive Review (MCR) required by the Provincial Growth Plan to assess urban growth in the region to 2041. A core aspect of the MCR is the projection of the demand for urban land and determination of the supply of land available for development and whether it is sufficient to accommodate the projected growth. Through this assessm ent, the need for urban boundary expansions will be considered. In 2012, Council adopted Official Plan Amendment (OPA) No. 106 which established a policy basis for an urban boundary expansion onto lands bounded by Mountain Road, the QEW and Kalar Road (“the Northwest”). Simultaneously, the Region adopted Regional Official Plan Amendment (ROPA) No. 196 to expand the City’s urban boundary to include the Northwest lands. Subsequent to this, ROPA No.196 and OPA Page 347 of 623 2 PBD-2018-53 August 14, 2018 No. 106 were appealed to the OMB, where the app eal was upheld, quashing the urban boundary expansion. This report is a formal request to Niagara Region to consider the Northwest for an urban boundary expansion as part of the on-going MCR and review of land supply. THE REGION’S MCR The Region began the MCR in 2015 as part of its Niagara 2041 Growth Strategy planning initiative that included a Transportation Master Plan and a Servicing Master Plan. More recently, in November of 2016, the Region’s Planning and Development Committee considered the preferred growth option for the lower tier. The Committee deferred the matter to allow negotiations with some lower tier municipalities regarding the allocations. In 2017, the Province updated the Growth Plan. This updated included a number of revisions, notably increasing the extent of intensification from 40% to 60% of all residential development, annually, and increasing the Greenfield densities to 80 residents and jobs per hectare. Further work on the MCR is now underway to consider these and other revisions to the Growth Plan. In addition, the Province has now released a methodology for the determination of land supply so that a standardized procedure is used throughout the Golden Horseshoe. Growth Projections According to the 2016 Census, the City’s population is 88,071; Niagara Region, 447,888. Projections of growth to 2041 for single and upper tier municipalities are contained in the Provincial Growth Plan. From this starting point, the MCR has allocated growth to the City is as follows: 2021 2026 2031 2036 2041 Net change Population 92,830 99,990 108,770 117,670 124,580 36,840 Employment 47,790 49,630 52,060 54,570 57,720 12,360 While these allocations have been deferred and will likely be refined somewhat because of the 2016 Census, they serve to indicate that the City will experience a significant amount of growth over 20+ years. In fact, Niagara Falls will experience the highest growth of all lower tier municipalities. Land Supply The MCR also determines the extent of available land for future development. In accordance with the Provincial Growth Plan, urban areas are divided into two categories: the Built-Up Area (BUA), or the developed area of a municipality and the Page 348 of 623 3 PBD-2018-53 August 14, 2018 Designated Greenfield Area (“Greenfields”), lands identified in the Official for future development. The Region is currently assessing if there is sufficient land, both regionally and locally, to accommodate the projected growth. Part of the next phase of the study will be the consideration of urban boundary expansion requests. THE NORTHWEST Council adopted the Official Plan Amendment (OPA) for these lands in November, 2012. Rationale for the recommendation to adopt the amendment was based on the need for the Northwest to meet the demand for housing through to 2031. Staff’s analysis indicated that the supply of land for low density housing would run out between 2026 and 2031. However, as Council is aware, housing development over the past five years has been at an all-time high. The 5-year average is 592 housing starts. (This year there has been a levelling off of housing starts, likely reflective of the increasing cost of housing and the introduction of the mortgage stress test). Nonetheless, the recent increase in development has resulted in extensive building in the Garner South Secondary Plan Area and in Chippawa consuming a large portion of the short term land supply. An examination of the current land supply indicates that there is just over a 3-year supply of units in registered and draft plans. Moreover, the amount of development activity has also resulted in pressures on other urban lands to develop – the recent approval of the Grand Niagara Secondary Plan has added further land supply for the mid-term. Despite the addition of Grand Niagara to the land supply, it is anticipated the current land supply for low density housing will run out well before the late 2020’s. Now is the time to bring in additional lands into the supply in order to meet mid - to long term needs. Given this state of the land supply, a request to the Region to consider the Northwest together with other private landowner requests for an urban boundary expansion is prudent. It is important to note that further studies will be required should the Northwest be identified through the MCR for urban boundary expansion. FINANCIAL/STAFFING/LEGAL IMPLICATIONS Approval of this report results in no financial/staffing/legal implications. ATTACHMENTS None. Page 349 of 623 4 PBD-2018-53 August 14, 2018 Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer J.Barnsley:rm S:\PDR\2018\PBD-2018-53, Request to Niagara Region, Urban Boundary Expansion.docx Page 350 of 623 PBD-2018-56 August 14, 2018 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2018-56 GTY-2018-001, Gateway Community Improvement Plan and Municipal Employment Incentive Program Application 4757 Kent Avenue Hamill Machine Company Inc. RECOMMENDATION 1. That Council approve the Niagara Gateway CIP Tax Increment Based Grant program and Municipal Employment Incentive Program Application for 4727 Kent Avenue subject to the Owner satisfying the program requirements. 2. That Council approve the use of the Capital/Operating reserve to offset the approximate planning and building permit fees of $7,000. 3. That the Niagara Region be advised of the decision of City Council. 4. That the Mayor and Clerk be authorized to sign and execute the Tri-party grant agreement. EXECUTIVE SUMMARY The application can be supported as: the lands are designated as industrial in the City’s Official Plan and is visible from the QEW; it meets the minimum point eligibility requirements for the Niagara Gateway Community Improvement Plan and the Municipal Employment Incentive Program; and the development will bring a combination of investment and new employment to the City and Region. BACKGROUND Hamill Machine Company Inc. provides custom machined parts for the industrial sector, wine producers, and food producers serving both the United States and Canada. There are currently 15 full time employees at the Kent Avenue location and due to growing demands of one of their product lines (microgreen harvesters); an expansion is needed in terms of their facilities adding 15 more jobs. Page 351 of 623 2 PBD-2018-56 August 14, 2018 The company will be adding a 362.3m2 (3,900ft2) pre-fabricated structure to provide a clean environment for their specialized welding of wine racks and to accommodate the growing demand for their micro-greens equipment product line. The applicant has estimated a total project investment of $580,000 including the new building, site preparation and equipment. An application for the tax increment based incentive under the Niagara Gateway Community Improvement Plan has been submitted by Hamill Machine. An application has also been submitted under the City’s Municipal Employment Incentive Prog ram for a rebate of site plan control application fees and building permit fees which is available for those applications that have met the eligibility requirements under the Gateway CIP. ANALYSIS/RATIONALE The Niagara Gateway Economic Zone Community Improvement Plan (Gateway CIP) was initiated by the Niagara Region to achieve the goals of the Province’s Growth Plan to: revitalize, diversify and strengthen the economy in Niagara by promoting development of employment lands in the Gateway Economic Zone. The Region’s Gateway CIP was adopted in 2013 and the City approved a corresponding CIP soon after. Development, construction, or rehabilitation projects that result in an increase in assess value and property taxes for employment uses are eligible for the ta x increment based grant (TIBG) under the Gateway CIP. Eligibility The subject lands are located within an area designated for employment uses in the City’s Official Plan and are also within a Strategic Investment Location as identified under the Gateway CIP. As such the proposal meets the locational requirements of the CIP incentive. The existing land use and expansion comply with the City’s Planning documents and will require approval through site plan control. Eligibility under the Gateway Grant program is based on a point formula attributed to construction value, full time employees created or retained and smart growth design criteria. The total of these points correspond to the level of the tax increment based grant offered. Based on the preconstruction estimates submitted by the applicant, a possible rebate of 60% of the increased tax assessment resulting from the development is available. The applicant has indicated intent to satisfy four of the six site design criteria (see Appendix 2). The final number cannot be determined until final confirmation of the actual jobs created, design criteria met, and any other relevant program requirements. The City's Municipal Employment Incentive Program (MEIP) offers further incentives to those applicants who have been deemed eligible under the Gateway CIP. These further incentives include planning application fee exemptions, building permit rebates and a Page 352 of 623 3 PBD-2018-56 August 14, 2018 study grant. The applicant has submitted an application for a waiver to the Site Plan Control Application Fee ($4,000) and a Building Permit Rebate under the MEIP. This incentive offers a rebate of 100% of the building permit fee to a maximum of $50,000, subject to the availability of funding. It is estimated that the Building Permit fee may be $3,000. Together, a total grant of $7,000 may be available under the MEIP incentive. Grant Period The subject lands are located within the Strategic Investment Location of the Gateway CIP and, as such, the TIBG is available for a term of up to 10 years on both the Regional and City portion of the tax increment. It is noted that the education tax is not included within the grant. Process As a joint program between the City and the Niagara Region, the approval of City Council is required prior to Regional review. If approved, the applicant must enter into a Tri–Party Agreement with the City and Region outlining the terms and conditions of the funding. This agreement would be authorized and signed by the Mayor and Clerk and forwarded to the Region for signature. The payment of grants commence upon verification of the program requirements and reassessment of the property MPAC (Municipal Property Assessment Corporation). Applicants are given 365 days from the issuance of an occupancy permit within which to contact the City regarding the achievement of the eligibility points outlined in their submission. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The property owner has a series of incentives available on this project. It is anticipated that there will be approximately $7,000.00 of applicable planning and building permit fees that will be offset with a transfer of capital/operating reserves. This transfer is a requirement of the building legislation. Similarly, the program provides the applicant with an offset of development charges, however since the investment is industrial, Municipal development charges are not applicable. Lastly, the property owner will receive a Tax Increment Based Grant. This grant will be provided when the construction is completed and The Municipal Pr operty Assessment Corporation has added the additional taxable assessment to the roll. This will impact a future taxation year and will be accounted for at that time. Based on the preliminary review of the development, along with an estimated post-project assessment, it is estimated that the applicant may receive a total grant of both Municipal and Regional taxes of approximately $5,300 per year over each year of the 10 year term of the agreement. Page 353 of 623 4 PBD-2018-56 August 14, 2018 CITY’S STRATEGIC COMMITMENT The City's Community Improvement Plans contribute to the Economic Growth and Prosperity Priority of the City by providing incentives for private sector reinvestment and employment for the City. LIST OF ATTACHMENTS Appendix 1 – Location Map Appendix 2 – Proposed Site Plan Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer F.Berardi:mb Attach. S:\PDR\2018\PBD-2018-56, GTY-2018-001, Gateway CIP-Mun Employ Grant,4727 Kent St.docx Page 354 of 623 5 PBD-2018-56 August 14, 2018 APPENDIX 1 4727 Ken Avenue Page 355 of 623 6 PBD-2018-56 August 14, 2018 APPENDIX 2 Page 356 of 623 PBD-2018-61 August 14, 2018 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2018-61 AM-2003-020, Zoning By-law Amendment Application 5896 Dunn Street and 6046 Dunn Street Applicants: 2100422 Ontario Ltd. and 2251351 Ontario Inc. Removal of Holding (H) Regulations RECOMMENDATION That Council pass the by-law appearing on tonight’s agenda to lift the holding (H) regulation from the subject lands which are currently zoned P and P(H)-635, in order to expand the existing parking lot located on the subject Lands. EXECUTIVE SUMMARY On September 8, 2003, Council passed a zoning by-law (By-law No. 2003-164) to allow certain developments to provide all the required parking spaces off-site at 5896 Dunn Street and provides that a portion of the spaces be for employee parking. (see Schedule 1). A holding (H) regulation was included in the by-law stating that prior to adding the 291 parking spaces the owner of the Lands shall be required to: (a) undertake a traffic analysis, satisfactory to the Director of Municipal Works, that addresses impacts to the surrounding road network and to construct any necessary road improvements; and (b) amend the Site Plan Agreement and any necessary Development Agreement relating to off-site works. A pre-consultation meeting was held on June 21, 2018 to discuss the amendment to the site plan agreement for the expansion of the parking lot. A Traffic Study was submitted by the Land Owners, reviewed by City staff and is acceptable. The Site Plan Agreement has not yet been amended; nor has a Development Agreement for off-site works. The Land Owners are willing to provide a Letter of Credit to the City in the amount of $97,818.14 representing 20 percent for the necessary road construction costs to guarantee they will enter into the necessary agreements. Page 357 of 623 2 PBD-2018-61 August 14, 2018 The holding (H) regulation can be lifted from the by-law because the Traffic Study is satisfactory and the letter of credit will guarantee the agreements will be entered into. BACKGROUND Proposal In 2003 Council passed Zoning By-law No. 2003-164 to zone the lands Parking and Parking (P(H)-635) allowing for relief of certain hotel properties to provide a part of the required parking spaces off-site. Due to constraints on Dunn Street, a H – Hold provision was attached to a portion of the lands pending certain conditions. A holding (H) regulation included conditions prior to adding the 291 parking spaces to achieve the maximum parking spaces of 1651 allowed, the owner of the lands shall be required to: (a) undertake a traffic analysis, satisfactory to the Director of Municipal Works, that addresses impacts to the surrounding road network and to construct any necessary road improvements; and (b) amend the Site Plan Agreement and any necessary Development Agreement relating to off-site works. The Land Owners have submitted a Traffic Study to address the necessary road improvements on Dunn Street and are in the process of submitting an application to amend the site plan agreement for the expansion of the parking lot. The owner is willing to provide a letter of credit as a guarantee that they will enter into the necessary agreements. The Land Owners have requested the holding (H) regulation to be lifted as the y feel that the requirements have been satisfied. Circulation Comments The Planning Act requires notice of the lifting of a holding regulation to be given to landowners affected by it and any members of the public or agencies that have submitted a written request for notice. In accordance with these regulations, notice regarding the lifting of the holding regulation was circulated to the Land Owners. ANALYSIS The Land Owners submitted a traffic assessment study completed by R. V. Associates Limited. An addendum letter stated road work improvements on Dunn Street will cost approximately $489,090.68. The owners are willing to provide a letter of credit (LOC) in the amount of $97,818.14 (20% of road improvement costs) as a guarantee they will enter into the necessary agreements. Page 358 of 623 3 PBD-2018-61 August 14, 2018 A part of the works proposed call for a second driveway entrance west of the current entrance. The required street improvements at both driveway locations show the addition of a separate left (west bound) turn auxiliary lane. The concept drawings of these two changes are shown on Schedule 2 and Schedule 3. Furthermore, the summary letter stated under the buildout of the parking lot there may also be the requirement for the addition of a westbound advance left turn phase at the signalized intersection of Stanley Avenue and Dunn Street along with the extension of the northbound left turn lane from 30 metres to 60 metres. The pavement for this extension is already there and to implement the improvement would only require the adjustment of the line painting. Transportation Staff is satisfied with the Study and has no objections with removing the holding provision currently in place over the subject lands to enable the applicant to expand the parking lot up to 1,651 parking spaces subject to them entering into an agreement with the City to carry out the required road works on Dunn Street. When future hotel properties linked to this satellite parking lot are developed, the intersection of Stanley Avenue and Dunn Street will need to be analysed in the traffic impact study with refined trip assignment (vehicle routing) figures. Engineering Services staff has no objection to lifting the Holding (H) provision and accept the LOC as the applicants’ commitment to enter into a separate Servicing Agreement for all works within the municipal right-of-way and not otherwise covered by the Site Plan Agreement. The applicants are advised that as part of the Servicing Agreement, de tailed engineering drawings and cost estimates will be required. Additionally, fees and securities will be required for administration and inspection of the proposed servicing and full costs to complete the works, respectively. City staff reviewed the traffic study and the estimated costs for the implementation of the improvements are acceptable. A pre-consultation meeting was held on June 21, 2018 to discuss the amendment to the site plan agreement for the expansion of the parking lot. At the meeting the site plan layout, servicing, grading, stormwater management, lighting and landscaping were addressed. The Land Owners will be submitting an application for an amendment to the site plan agreement prior to any expansion of the parking lot. No works can occur with the amendment to the site plan. As the requirements of the holding regulations have been met, the “H” can be lifted from the lands. CITY’S STRATEGIC COMMITMENT Removal of the holding regulation will allow the expansion of the parking lot to proceed, as permitted by the Official Plan and by Zoning By-law No. 79-200 as amended, by By-law No. 2003-164. LIST OF ATTACHMENTS Schedule 1 – Location Map Schedule 2 – Figure 15 Page 359 of 623 4 PBD-2018-61 August 14, 2018 Schedule 3 – Figure 16 Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer N.DeBenedetti:gd Attach. S:\PDR\2018\PBD-2018-61, AM-2003-020 Removal of (H) Symbol, 6046 Dunn Street -5896 Ailanthus.docx Page 360 of 623 5 PBD-2018-61 August 14, 2018 SCHEDULE 1 Page 361 of 623 6 PBD-2018-61 August 14, 2018 SCHEDULE 2 Page 362 of 623 7 PBD-2018-61 August 14, 2018 SCHEDULE 3 Page 363 of 623 PBD-2018-62 August 14, 2018 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2018-62 Modification to Draft Plan Approval for Warren Woods Phase 5 Subdivision East Side of Garner Road North of Brown Road Applicant: 1340258 Ontario Inc. (Robert O’Dell/Charles Lovracs) Agent: Upper Canada Consulting (Jennifer Vida) RECOMMENDATIONS 1. That subject to subsection 51(47) of the Planning Act, 1990 R.S.O., Council pass the resolution on tonight’s agenda to deem the changes requested by 1340258 Ontario Inc. to the Draft Plan for Warren Woods Phase 5 draft plan of subdivision to be minor and no further notice is required; 2. That the modified plan of subdivision be draft approved subject to the modified conditions in Appendix A; and 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. EXECUTIVE SUMMARY 1340258 Ontario Inc. is requesting Council to consider a minor modification to the approved draft plan of subdivision (Warren Woods Phase 5) and corresponding revisions to the conditions of draft plan approval. The modification to the plan proposes to divide a park block 304 on the draft approved plan into two blocks. One of the blocks would be dedicated to the City as part of the required parkland dedication, while the other block would be retained by the developer for future development. The revision will reduce amount of land to be dedicated for park purposes to the maximum allowable area that can be dedicated without compensation under the Planning Act. Planning staff recommends the request for the following reasons: The proposed change does not impact any Provincial and Regional policies; The proposal continues to conform with the Official Plan and Garner South Secondary Plan regarding the land uses expected in this portion of the City; The affected blocks fall with the required separation distance for sensitive uses such as residential uses and as such are zoned Open Space (OS). No change in zoning is requested or being processed; and Page 364 of 623 2 PBD-2018-62 August 14, 2018 The modification will result is a reduced park block that, in combination with the two other park blocks in the subdivision, will be of the maximum size for the City to accept as a dedication under the Planning Act without needing to compensate the developer. BACKGROUND Proposal On February 28, 2017 (PBD-2017-04), Council approved applications for a Zoning By-law Amendment (AM-2016-022) and a Draft Plan of Subdivision (26T-11-2016-003) affecting land holdings totaling 21.4 hectares on the east side of Garner Road north of Brown Road (see Schedule 1 for location). As part of draft plan approval, a condition required the dedication of 3 blocks of land to the City for the purposes of parkland. A 0.81 hectare parcel for a neighbourhood park (Block 308) and two smaller blocks for park connections (Blocks 303 and 304). The combined area of these blocks amounts to about 5.3% of the total area of the subdivision; the Planning Act allows the City to request up to 5% of the area of a subdivision as parkland dedication. The condition notes that the City is to financially compensate the owner for the amount of the dedication above 5% of the subdivision area, or the developer is to reduce one o r more of the park blocks to a combined area of 5% of the subdivision area. The applicant is now requesting Block 304 be divided in into two blocks. A 0.04 hectare block (remaining labelled Block 304) is proposed to be dedicated to the City. The revised area of Block 304 plus the area of Blocks 303 and 308 equates to the maximum 5% of the subdivision area that the City can require for parkland dedication. A new 0.07 hectare block labelled Block 314 is to be retained by the owner. Schedule 2 shows the location of current Block 304 (in red) on the draft approved plan, while Schedule 3 shows the details of the red-line changes representing Blocks 304 and 314. Subsection 51(47) of The Planning Act allows a municipality to forgo the requirement to circulate a written notice, if Council deems the changes to be minor. A Council resolution is required to deem the change as minor in nature and that no further public notice is necessary. 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 and Regional Policies The proposed modification does not impact on any Provincial or Regional policies. 2. Official Plan Block 304 is designated Neighbourhood Commercial in the Garner South Secondary Plan; while this block was intended to provide a park connection between proposed townhouse dwellings to the north and the proposed neighbourhood block to the south, a portion will be retained by the developer. This block is also within 2 kilometres of Cytec Canada’s processing facility on Chippawa Creek Road, and as such Cytec has been notified of the modification that affects this block. Page 365 of 623 3 PBD-2018-62 August 14, 2018 3. Zoning By-law Amendment Both Blocks 304 and 314 are zoned Open Space (OS) in accordance with Zoning By-law No. 79-200, as amended. Although a range of recreational uses are permitted in the OS zone, the size of the proposed blocks, their use would be limited to passive public recreational purposes. At this time no proposal to change the intended use of this land as open space has been submitted. As such the proposal is considered in conformity with the Garner South Secondary Plan. Block 314 is adjacent to Block 302 also to be retained by the owner. 4. Subdivision Design and Conditions of Approval Dividing Block 304 into two does not alter the proposed road pattern , residential lots and blocks, or any of the other blocks. The proposed Block 304 is of sufficient size to provide a trail connection from the residential neighbourhood to the trial proposed adjacent to Warren Woods Avenue, and to the future neighbourhood block to the south. The reduced Block 304 when combined with Blocks 303 and 308 represents 5% parkland dedication. The draft plan also illustrates open space adjacent to Warren Woods Boulevard within the former hydro corridor; however this corridor is owned by the City and as such has not been factored into any calculations for parkland dedication. The revised condition 13 is noted in bold type in Appendix A. The revisions to the plan do not alter the approval period applicable to the Draft Plan of Subdivision. FINANCIAL IMPLICATIONS The reduction in the size of the block to be dedicated to the City for parkland pur poses eliminates the need for the City to financially compensate the developer for the over - dedication of parkland. There are no other financial implications. CITY’S STRATEGIC COMMITMENT The proposed change does not affect any of Council’s strategic priorities. LIST OF ATTACHMENTS Schedule 1 – Location Map Schedule 2 – Approved Draft Plan and Area of Modification Schedule 3 – Detail of Draft Plan Red Line Changes Appendix A – Conditions for Draft Plan Approval Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer ABryce:mb Attach. S:\PDR\2018\PBD-2018-62, Redline Revisions to Draft Plan Approval (Warren Woods Phase 5 Subdivision).docx Page 366 of 623 4 PBD-2018-62 August 14, 2018 SCHEDULE 1 Page 367 of 623 5 PBD-2018-62 August 14, 2018 SCHEDULE 2 Page 368 of 623 6 PBD-2018-62 August 14, 2018 SCHEDULE 3 Page 369 of 623 7 PBD-2018-62 August 14, 2018 REVISED APPENDIX A Conditions for Draft Plan Approval 1. Approval applies to the Warren Woods Estates Phase 5 Draft Plan of Subdivision prepared by Upper Canada Consultants, as redlined by Niagara Region dated January 26, 2017 and as redlined by Matthews, Cameron Heywood – Kerry T Howe Limited dated July 18, 2018, showing 290 lots for single detached dwellings, 11 blocks for 56 on-street townhouse dwelling units, a 0.81 hectare park block, a 0.03 hectare block for a trail connection, a 0.04 hectare block for a trail connection, 5 blocks for a linear park, a 1.13 hectare block for neighbourhood commercial, a 1.18 hectare block for stormwater management and 1 block for a road widening along Garner Road, 6 blocks for 0.3 metre reserves and a 0.07 hectare block for future use. 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 b ecome party to the Subdivision Agreement for the purpose of enforcing such conditions. If the development is to be constructed and subdivision plans registered in two or more phases, a separate subdivision agreement will be required for each phase. 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, include the following: (a) roadways and sidewalks to municipal requirements; (b) dedication of a 3 metre wide road widening (Block 311) along the length of the Garner Road right of way; (c) dedication of the portion of the property owned by the developer for daylighting triangles with 7 metre legs at Garner Road and Sourgum Avenue, Garner Road and Warren Woods Avenue and Warren Woods Avenue and Shagbark Avenue/Honeylocust Crescent, and daylighting triangles with 5 metre legs at all other intersections and the inside corners of road bends; (d) dedication of all road allowances to the City as public highways, and dedication of 0.3 metre reserves along Garner Road and Warren Woods Avenue to the City’s satisfaction; (e) speed control measures within the subdivision to the satisfaction of Transportation Services, including a traffic circle at the intersection of Warren Woods Avenue and Shagbark Avenue/Honeylocust Crescent (west); (f) a sidewalk to be constructed on both sides of Warren Woods Boulevard, and on one side of all other streets, to the City’s satisfaction; (g) all streets named to the City’s satisfaction; Page 370 of 623 8 PBD-2018-62 August 14, 2018 (h) 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; (i) testing of the watermains shall be completed in the presence of a Certified Water operator using the City’s Watermain Commissioning Checklist; (j) weeping tile be connected to the storm sewer system via sump pum ps and all rainwater leaders outlet to grade and be directed to the front/rear yards; (k) provision of an overland storm water flow route, designed within the right -of- way for major storm events and constructed in accordance with the MOECC and City Standards; and (l) application of the City’s Lot Grading and Drainage Policy in accordance with the City 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 as per the City’s Development Charges By-law. 7. The developer grant the City and public utility companies any easements required to service the subdivision. 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 provide a 1.8 metre high black vinyl chain link fence around block 310, and a 1.5 metre high black vinyl chain link fence (or other standard approved by the City) around blocks 303, 304, 305, 306, 307 and 308 where they abut residential lots or the commercial block, to the satisfaction of the City. 11. The developer provide a landscape plan prepared by a landscape architect to the satisfaction of the City, showing complete design and landscape informatio n for fencing, entrance features, roadway greenspaces along Warren Woods Avenue and roundabout, trails, sidewalks, pathway connections, tree protection and preservation and park services. 12. The developer accommodate the provision of one boulevard tree pe r lot and two boulevard trees per corner lot and pay to the City $350 per tree for this provision, in accordance with City policy. 13. The developer dedicate Blocks 303, 304 and 308 to the City for parkland purposes. Park blocks are to be provided to the City in a condition ready for finished park development, including grading the park to approved elevations per City park concept plans, provide perimeter catch basins and drains for the park to City Page 371 of 623 9 PBD-2018-62 August 14, 2018 standards, and graded with topsoil and seeded to the City’s satisfaction. In addition, a 50 mm diameter water service to the park property line with a curb stop valve shut off and an electrical service to the park capable of powering future park security lighting is to be provided. 14. That the developer provide a trails and walkable community connectivity plan prepared by a landscape architect which shows proposed recreational trails, pathways and walkways for this phase, including proposed connection locations and design systems to connect with EPA area, greenspaces, stormwater management area, Warren Creek Trail and the adjacent subdivision neighbourhoods and include trail type, construction methods and dimensions. 15. The developer provide 0.3 metre reserves shown as Blocks 312, 313, 314, 315, 316 and 317. 16. That parking restrictions be imposed to Fire Services satisfaction prohibiting parking on one side of road where the asphalt width is less than 8 m or on one side of the road within residential cul-de-sacs. The subdivision agreement is to specify the supply and installation of no parking signage is to be at the cost of the developer. 17. 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. 18. The developer receive final approval of the Zoning By-law amendment to provide land use policies and 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 infrastru cture. 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 next to rear of lots 126 (2 modules), 151 (3 modules), 178 (3 modules), 199 (3 modules), 238 (3 modules), Page 372 of 623 10 PBD-2018-62 August 14, 2018 239 (2 modules) and 265 (2 modules), and next to the rear of blocks 296 (3 modules) and 299 (3 modules) or in alternative locations if determined by Canada Post, 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 satisfactory 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. 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. The following clause be included in the subdivision agreement: “Should deeply buried archaeological remains/resources be found on the pr operty during construction activities, the Heritage Operations Unit of the Ministry of Tourism, Culture and Sport in London (519-675-7742) and the developer’s consulting archaeologist (Detritus Consulting Ltd.) shall be notified immediately. In the event that human remains are encountered during construction, the developer should immediately notify the police or coroner, the Registrar of Cemeteries of the Ministry of Small Business and Consumer Services in Toronto (416-326-8392), the Ministry of Tourism, Culture and Sport, and the developer’s consulting archaeologist (Detritus Consulting Ltd.).” 30. The developer promptly acknowledges within 60 days of draft approval of this subdivision that draft approval does not include a commitment of servicing Page 373 of 623 11 PBD-2018-62 August 14, 2018 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. 31. Immediately following and within 60 days of the City’s notice of draft plan approval, the developer shall 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 developer and the City. 32. The subdivision plan meets the requirements of the Niagara Region waste collection policy, Requirements for Commencement of Collection for New and Redevelopments (Policy C3.007). NOTE: for any development phasing, the owner shall create appropriate temporary waste collection turnaround(s), per Policy C3.007, at the end of each dead end street(s) during any development phasing to permit Regional waste collection or confirm that waste collection will be the developer’s responsibility. 33. A complete Ministry of Environment and Climate Change (MOECC) Transfer of Review application with detailed drawings and calculations be submitted to Niagara Region for review and approval of the proposed sanitary and storm sewer piping systems for the development and receive the appropriate MOECC Environmental Compliance Approvals. 34. Prior to approval of the final plan or any on-site grading, the developer shall submit an updated stormwater management plan and report for the subdivision 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 the Niagara Peninsula Conservation Authority for review and approval, with a copy provided to the Niagara Region; a) Detailed lot grading and drainage, storm servicing, and stormwater management plans, noting both existing and proposed grades and the means whereby overland flows will be accommodated across the site; and, b) Detailed construction erosion control plans. NOTE: The Regional Municipality of Niagara may request the Niagara Peninsula Conservation Authority (NPCA) to review the plans 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 Regional Municipality of Niagara’s clearance fee. Page 374 of 623 12 PBD-2018-62 August 14, 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 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 executed subdivision agreement for the proposed development should be submitted to the Niagara Region for verification that the appropriate clauses pertaini ng 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. 3. As required as part of the conditions of approval, the format for all studies and reports to be submitted to the Niagara Region shall be two hard copies and a PDF digital copy. 35. The plan be revised to provide the necessary buffer adjacent to the Provincially Significant Wetland to the south of Honeylocust Crescent to the satisfaction of the Niagara Peninsula Conservation Authority (NPCA). The revised plan is to be provided to the NPCA and the City for review and approval prior to the drafting of the subdivision agreement. Any revisions to the plan are to comply to City requirements for road construction, road right of way width and lot sizes. 36. The developer submit to the Niagara Peninsula Conservation Authority (NPCA), for review and approval, detailed grading, storm servicing, stormwater management and construction sediment and erosion control drawings. 37. The adjacent Provincially Significant Wetland and associated buffer be zoned Environmental Protection Area to the satisfaction of the NPCA. 38. The developer submit a Tree Saving Plan to the NPCA for review and approval as required under Policy 7.B.1.19 of the Regional Official Plan. The Tree Saving Plan shall be prepared in accordance with Section 1.36 of the Region of Niagara Tree and Forest Conservation By-law (By-law No. 30-2008) and shall implement the recommendations of the Environmental Impact Study prepared by Beacon Environmental. 39. The developer provide a 1.5 metre (minimum) high chain link fence along any lot line that is adjacent to a Provincially Significant Wetland. 40. That sediment control and limit of work fencing be shown on the grading plan along any lot lines that are adjacent to a Provincially Significant Wetland and that no grading occur beyond this point. Limit of work fencing must be maintained durin g the development process and all silt fencing shall be removed once work is completed and all exposed soils are re-vegetated or otherwise stabilized. Page 375 of 623 13 PBD-2018-62 August 14, 2018 41. The developer agree that no site alteration (including grading) is to take place within the required buffer from the Provincially Significant Wetland. 42. That Conditions 37 to 42 be incorporated into the subdivision agreement between the developer and the City, to the satisfaction of the NPCA. The City shall circulate the draft subdivision agreement to the NPCA for its review and approval. 43. The following notice clause shall be included in the Subdivision Agreement and in any Condominium Agreement and in any Site Plan Agreement and in all Agreements of Purchase and Sale for the subdivision lots and blo cks, and in any leases: “Cytec Canada Inc. (“Cytec”) owns lands located north of the Welland River and west of Garner Road. Cytec’s lands are designated Industrial and zoned for heavy industrial uses. Cytec operates chemical manufacturing and industrial facilities on its lands and may in the future expand its operations by expanding or adding to its existing buildings or constructing new buildings and/or intensifying its operations. Cytec may also erect and/or construct and operate facilities for any of the uses permitted in the City’s Zoning By-law. Cytec’s use of its lands may generate odour and air emissions and create noise, together with other industrial effects. Cytec is a member of the Canadian Chemical Producer’s Association and has been verified under the Responsible Care Codes of Practice. This notice clause includes any successors and/or assigns in title to Cytec.” Clearance of Conditions Prior to granting approval to the final plan, Planning, Building & Development requires written notice from applicable City Divisions and the following agencies indicating that their respective conditions have been satisfied: Legal Services for Conditions 2 and 3 Municipal Works for Conditions 4 to 9 inclusive, 15 and 17 Landscape Architect for Conditions 10 to 14 inclusive Transportation Services for Condition 4 Fire Services for Conditions 16 and 17 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 Regional Municipality of Niagara for Conditions 29 to 35 inclusive Niagara Peninsula Conservation Authority for Conditions 36 and 42 inclusive Cytec Canada Inc. for Condition 43 Page 376 of 623 PBD-2018-63 August 14, 2018 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PDB-2018-63 AM-2017-005, City Initiated Official Plan and Zoning By-law Amendments Vacation Rental Units and Bed and Breakfasts RECOMMENDATIONS 1. That subject to subsection 34(17) of the Planning Act Council pass a resolution to deem the modifications and refinements to the zoning by-law provisions for Vacation Rental Units and Bed and Breakfasts are minor in nature and no further notice is necessary. 2. That Council also recognize modifications and refinements to official plan policies are minor in nature and no further notice is necessary. 3. That Council adopt Official Plan Amendment No. 127 a nd pass the zoning by-laws for Vacation Rental Units and Bed and Breakfasts included in tonight’s agenda. EXECUTIVE SUMMARY On April 10, 2018 Council approved recommendations to amend the Official Plan and Zoning By-laws No. 79-200, 395-1966 (Willoughby) and 1538-1958 (Crowland) for Bed and Breakfasts and for Vacation Rental Units. Council’s motion required that staff report back on: associated fees; a phased in period; owner versus li ve-in manager; and enforcement. The Official Plan amendment would establish policies to direct bed and breakfast and vacation rental units. The zoning amendments would have the effect of permitting Bed and Breakfasts as-of-right all R1, R2 and R3 zones as well as within detached dwellings in the TRM, DC, DTC, A, R and DH zones. In addition, zoning amendments would permit Bed and Breakfasts and Vacation Rental Units as of right in the TC, GC and CB zones. Over the last few months staff has refined the wording for the amendments with input from the legal profession. The by-laws to amend the Official Plan and Zoning By-laws are on tonight’s agenda. Since April, Council adopted two additional motions to: Enforce the short term vacation rental units in residential areas with no grace period; and Restrict Bed and Breakfasts to be owner occupied only (no live-in manager). Page 377 of 623 2 PBD-2018-63 August 14, 2018 The latter point may be seen as a change from the motion after the conclusion of the Public Meeting on April 10, 2018. The Planning Act provides that where there is a change since the time of the Public meeting, Council must decide if modifications are minor in nature and whether further notice is required. Therefore, Council is requested to determine that these changes are minor and pass the resolution on tonight’s agenda. BACKGROUND/RATIONALE On April 10, 2018 Council approved amendments to the Official Plan and Zoning By-laws No. 79-200, 395-1966 (Willoughby) and 1538-1958 (Crowland). The amendments to the Official Plan policy serve to clarify that Bed and Breakfasts may be permitted in residential zones as a home occupation subject to criteria through implementing zoning. Because Council determined at the Public Meeting that Vacation Rental Units were not to be allowed in lands designated as Residential which would include Parkway Residential, the draft policies presented in the April report have been modified to reflect this. Zoning amendments to the Willoughby, Crowland and 79-200 by-laws define a Bed and Breakfast, establish regulations for operation and would permit them in dwelling units as- of-right, up to 3 guest rooms, in the Residential 1A Density (R1A), Residential 1B Density (R1B), Residential 1C Density (R1C), Residential 1D Density (R1D), Residential 1E Density (R1E), Residential 1F Density (R1F), Residential Two (R2), Residential Mixed (R3), Transition Residential Multiple (TRM), Deferred Tourist Commercial (DTC), Deferred Commercial (DC), Agriculture (A), Rural (R), and Development Holding (DH), the Rural, Niagara River Parkway Residential and Village Residential Zones. Bed and Breakfasts up to 6 guest rooms will be permitted as-of-right in the Tourist Commercial (TC), General Commercial (GC) and Central Business Commercial (CB) zones. In addition, by-law amendments permit Vacation Rental Units, with up to 3 guest rooms, as- of-right in the Tourist Commercial (TC), General Commercial (GC) and Central Business Commercial (CB) zones. In accordance with Council’s direction, Bed and Breakfasts are to be restricted to owner occupied dwellings. Public Notice for the April meeting noted the definition of Bed and Breakfast would apply to the principal dwelling of the proprietor. At the end of the meeting staff was directed to report back on owner occupied versus live-in manager; Council provided clear direction at the July 10th meeting. Although this decision is consistent with the original notice, legal counsel has recommended adoption of a Resolution under Section 34(17) of the Planning Act that no further notice is required. Refinements to the definition of a Vacation Rental Unit are consistent the discussion at the Public Meeting. Since a detached dwelling is not a permitted use in the TC, GC and CB zones, it is necessary to specify that Vacation Rental Units are permitted in detached dwellings that existed at the time of the passage of By-law No. 79-200. In addition, Vacation Rental Units are permitted on upper floors of commercial buildings where dwelling units are permitted. By-laws to implement Council’s direction are included on tonight’s agenda. Page 378 of 623 3 PBD-2018-63 August 14, 2018 The matter of amendments to the Licencing By-law and associated fee(s) will be subject to a report at a future Council meeting. Until then, the current licencing and fees will continue to apply. LIST OF ATTACHMENTS No attachments. Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer A.Bryce/A.Herlovitch:rm S:\PDR\2018\PBD-2018-63, AM-2017-005, Regulating Vacation Rental Units and Bed and Breakfasts.docx Page 379 of 623 PBD-2018-64 August 14, 2018 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Planning, Building & Development SUBJECT: PBD-2018-64 PLC-2018-004, Request for Removal of Part Lot Control Lots 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, and 37, Plan 59M-447 Chippawa West Phase 2 - Stage 4 Plan of Subdivision Applicant: Upper Canada Consultants RECOMMENDATIONS That Council approve the request and pass the by-law included in the agenda to designate Lots 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, and 37, Registered Plan 59M-447, as exempt from Part Lot Control for a period of two years. EXECUTIVE SUMMARY Upper Canada Consultants, on behalf of Mountainview Homes (Niagara) Ltd., has requested that Council pass a by-law to exempt the subject lands from being subject to Part Lot Control to allow the transfer of ownership of units of semi-detached dwellings. 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 Upper Canada Consultants, on behalf of Mountainview Homes (Niagara) Ltd., has submitted a request to have Part Lot Control lifted from Lots 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, and 37 in Registered Plan 59M-447 (known as the Chippawa West Phase 2 – Stage 4 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 and blocks within registered plans of subdivision. In this case, the removal of Part Lot Control is requested to allow the creation of a total of 22 parcels for 22 semi-detached dwelling units from 11 lots. Schedule 2 illustrates the lots in the plan. Page 380 of 623 2 PBD-2018-64 August 14, 2018 ANALYSIS/RATIONALE The subject lands are located within the Chippawa West Phase 2 – Stage 4 plan of subdivision (59M-447) which was registered on December 20, 2017. The subdivision contains lots for semi-detached dwellings. The subject lands are zoned Residential Mixed (R3-760) by Zoning By-law No. 79-200, as amended by By-law Nos. 2006-205 & 2017- 137. The proposed parcels comply with the zoning regulations. 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 and blocks from Part Lot Control to allow lot lines to be reconfigured or part of a lot or block to be conveyed without a consent. Approval of a Part Lot Control by-law is requested so that each unit in the semi-detached dwellings can be sold with its own parcel of land. It is recommended that Part Lot Control be lifted for two years to allow for flexibility in scheduling real estate c losing 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 f inancial 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 – Location Map Schedule 2 – Subdivision Plan Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: Ken Todd, Chief Administrative Officer KM:mb Attach. S:\PDR\2018\PBD-2018-64, PLC-2018-004, Request for Removal of Part Lot Control Chippawa West Phase 2 Stage 4.docx Page 381 of 623 3 PBD-2018-64 August 14, 2018 SCHEDULE 1 Page 382 of 623 4 PBD-2018-64 August 14, 2018 SCHEDULE 2 Page 383 of 623 R&C-2018-14 August 14, 2018 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Recreation & Culture SUBJECT: R&C-2018-14 2018 Arts & Culture Wall of Fame Inductions and Update RECOMMENDATION 1. That Council approve the following 2018 Arts & Culture Wall of Fame Inductees: REZZ Alan Barillaro Jim Cooper 2. That Council approve recommended changes to the Wall of Fame process and application as approved by the Arts, Culture & Museum Committee on June 21, 2018 to include changing the number of categories to two (1. Artist(s) and 2. Community Builder(s) and that the committee will nominate up to 3 people per year. EXECUTIVE SUMMARY The Arts & Culture Committee oversees the selection of Inductees for the Niagara Falls Arts & Culture Wall of Fame. Induction into the Wall of Fame is a special acknowledgement recognizing the contributions and achievements of citizens, past and present that reflect the best of Niagara Falls. This year’s Induction Ceremony is scheduled for Saturday, October 27, 2018 at the Niagara Falls Public Library on Victoria Avenue. BACKGROUND On August 7, 2018, the Arts & Culture Committee reviewed the Arts & Culture Wall of Fame nomination forms and selected nominees for induction into the 2018 Arts & Culture Wall of Fame. The objectives of the Arts & Culture Wall of Fame are: 1. To serve as a visual memory of artistic and cultural contributions in the City of Niagara Falls; Page 384 of 623 2 R&C-2018-14 August 14, 2018 2. To ensure that both past and present residents receive due recognition for their artistic and cultural contributions. Inductees must illustrate the following to be inducted onto the Wall of Fame: a) Outstanding achievement in their artistic or cultural field; b) A measurable impact on the Niagara Falls community must be illustrated municipally, provincially, nationally, or internationally; c) A person must have resided in Niagara Falls and/or have Niagara Falls as the main venue for their art for an extensive period of time; d) Community Sponsors must have a minimum of five (5) ye ars of significant contribution. Nominees who have met the minimum criteria; and have been recognized by their peers with a prestigious award such as a Juno, where such an award exists ; or have been recognized for their art through national or international acclaim will be eligible for automatic induction. The Wall of Fame was previously housed at Niagara Square. It is currently being housed at the Niagara Falls Public Library on Victoria Ave. with plans to incorporate it into the Cultural Hub facility once completed. The Wall of Fame has done an excellent job at highlighting the achievements of many residents. It highlights those who have achieved fame on a global scale as well as those who have contributed out of the spotlight but are critical to the ongoing cultural community of Niagara Falls. During the last two adjudication sessions for the Wall of Fame, the Arts, Culture & Museums Committee discussed two changes that it would like implemented for the 2019 application period in the Wall of Fame Policy (1000.16). They include the following two changes: 1. The current application states: “Up to six (6) nominees per year may be inducted. Inductees will be chosen based on the merit of the application and may not necessarily be chosen from each Category on any given year.” The Arts, Culture & Museum Committee would like to change this to: Up to three (3) nominees per year may be inducted. Inductees will be chosen based on the merit of the application and may not necessarily be chosen from each Category on any given year. Page 385 of 623 3 R&C-2018-14 August 14, 2018 2. The current application states: Categories of Induction: 1. Community Builder(s): an individual(s) who has made outstanding contributions to the community's arts and culture, for an extensive period of time. 2. Artist(s): an artist(s) who has/have been recognized for their outstanding contribution, or has brought significant recognition to Niagara Falls. 3. Community Sponsor(s): An individual(s), business or organization that has made a significant contribution, in the form of financial or services in kind, to the enhancement of arts and culture in the community or to the accessibility of public art in the community. The Arts, Culture & Museum Committee would like to change this to: Categories of Induction: 1. Artist(s): an artist(s) who has/have been recognized for their outstanding contribution, or has brought significant recognition to Niagara Falls. 2. Cultural Builder(s): individuals who have made exceptional contributions to the artistic life and cultural development of the community as champions, supporters, patrons, administrators, teachers and mentors. ANALYSIS/RATIONALE The purpose of the Niagara Falls Arts & Culture Committee is to foster, develop, and unite artistic and cultural activities in the community. Through the Arts & Culture Wall of Fame, the Committee is able to recognize individuals, groups, community builders, community sponsors, and works of art that have contributed to enriching the lives of Niagara Falls residents, our communities, environment, and economy. The Arts & Culture Wall of Fame continues to raise awareness and the profile of culture’s contribution to our daily lives and will hopefully inspire future artists, com munity builders, and community sponsors. The City of Niagara Falls Arts & Culture Committee is pleased to acknowledge the contributions of individuals and groups that have contributed to the culture of Niagara Falls. The nominees that were selected to be inducted meet all of the requirements for induction. The Rationale for the changes to the policy include the desire to permit attention at the award ceremony and on the wall for the most worthy of candidates and ensure that those that do contribute greatly to our community are properly highlighted and given the attention that they deserve. Page 386 of 623 4 R&C-2018-14 August 14, 2018 FINANCIAL/STAFFING/LEGAL IMPLICATIONS City Staff will coordinate the Induction Ceremony and have budgeted $3600.00 from the Arts & Culture Committee budget for framing of bios and photos, keeper plaques for inductees and the ceremony. CITY’S STRATEGIC COMMITMENT The City’s Recreation & Culture Department has a commitment to provide optimum leisure service delivery in the City of Niagara Falls which enhances the quality of life, health and well-being of our people, our communities, our environment and our economy. LIST OF ATTACHMENTS 1. Background Information on 2018 Arts & Culture Wall of Fame Inductees 2. Revised Policy 1000.16 Recommended by: On behalf of Kathy Moldenhauer, Director of Recreation & Culture Respectfully submitted: Ken Todd, Chief Administrative Officer Page 387 of 623 Attachment # 1: R&C-2018-14 2018 Arts & Culture Wall of Fame Inductees Background Information REZZ Though young at 22 years of age, REZZ is anything but an amateur as a producer of genre-bending works, striking a sharp balance between bass heavy and minimal tech composition. With a strong vision and no two ways about it, REZZ’s decisiveness is arguably the key to her success so far. She began to build a following on Soundcloud with a series of free releases which in a short time inevitably caught the ears of EDM golden boys Skrillex and Deadmau5, who helped bring her out to the masses with near back-to-back releases of a three-track ‘Insurrection EP’ on OWSLA’s The Nest imprint in 2015, followed by the ‘Serenity EP’ via Mau5trap in 2016. After the release of the ‘Something Wrong Here EP’ in October 2016 on Mau5trap, her ever-evolving and idiosyncratic electro sound has continued to grow stronger. With her first full-length album “Mass Manipulation” out since August 2017, she has wowed at festivals internationally including six dates in Asia with Ultra Music Festival, Bonnaroo and Electric Zoo. She is currently supporting “Mass Manipulation” with a 27-date international tour that continues to see sold-out dates across North America. Winner of 2018 Juno for Electronic Album of the Year for “Mass Manipulation” Alan Barillaro Alan Barillaro was born in Niagara Falls in 1975. He grew up in the community of Chippawa and went to school at Sacred Heart Elementary. Barillaro’s interest in art and animation began at a young age. He worked his way up through the ranks at various commercial houses during high school and continued his studies at Sheridan College for Animation. Barillaro joined Pixar Animation Studios in January 1997. Barillaro has worked on almost every Pixar film as an animator, including “A Bug’s Life,” “Toy Story 2,” “Monsters, Inc.,” and the Academy Award®- winning features “Finding Nemo,” “The Incredibles,” “WALL•E,” “Brave” and “Incredibles 2.” On those last four features, Barillaro was given the role of supervising animator and was therefore responsible for overseeing the team of animators who worked to bring the characters in the films to life. In 2017, Barillaro won the Academy Award for the Best Animated Short film, “Piper,” which he wrote and directed. “Piper” also won the ASIFA-Hollywood Annie Award for Best Animated Short Subject. Jim Cooper Jim Cooper was one of the creators of Oh Canada Eh? Dinner Show, the original musical celebration of Canada’s culture and musical heritage. Oh Canada Eh? was opened in 1994 in the old Pyramid Place Page 388 of 623 building on Robinson Street in Niagara Falls. Twenty-three years later, Jim is still the company’s co- owner and executive producer (as of the 2015 application). Over a quarter of a million guests have enjoyed the Oh Canada Eh? Dinner Show and it’s many holiday and winter productions. Jim himself starred as the lead character, the loveable fur-trapper Pierre, in over 1800 performances. Page 389 of 623 POLICY Recreation & Culture Policy #: 1000.16 Issue Date: May 8, 2006 Revision Date: June 12, 2012 Revision Date: August 14, 2018 ARTS & CULTURE WALL OF FAME POLICY Purpose: The Arts & Culture Committee's Purpose is to foster, develop and unite artistic and cultural activities in the community. Through the Arts & Culture Wall of Fame initiative the community will have the opportunity to celebrate the many outstanding accomplishments of its past and present citizens, as well as the works of art that reflect the best of Niagara Falls. Objectives: 1. To serve as a visual memory of artistic and cultural contributions in the City of Niagara Falls; 2. To ensure that both past and present residents receive due recognition for their artistic and cultural contributions; Procedures 1. Wall of Fame Nomination Forms are available for public nomination through the City website www.niagarafalls.ca or at the Recreation & Culture office at the MacBain Community Centre. Completed Nomination Forms will be accepted throughout the year. 2. The deadline for nominations is July 30th of each year. Nominations received after this date will be considered as a nomination for the following year. 3. Depending upon the Nominee, the Arts & Culture Committee may call upon specialists in the appropriate field to assist in the selection. 4. Qualifying nominations will be forwarded for to the Arts & Culture Committee for a special Wall of Fame selection meeting. 5. Recommended inductees will be forwarded to Council in a report for final approval. 6. Nominees selected by the Arts & Culture Committee shall be publicly presented in the Fall at a date and time determined by the Committee. 7. There shall be no publicity as to the proposed nominees or voting at any time. The only names released to the public shall be those selected to be inducted into the Wall of Fame. 8. No current member of the Arts & Culture Committee can be installed on the Wall of Fame. Conduct of Wall of Fame Meetings 1. A special Wall of Fame meeting of the Arts & Culture Committee will be called for selection of Inductees in August of each year. 2. When dealing with nominations to the Wall of Fame meetings shall be held in camera. 3. Three (3) members of the Arts & Culture Committee shall constitute a quorum for the transaction of business. All members of the Arts & Culture Committee are invited to assist Page 390 of 623 2 A Great City … For Generations To Come with the selection process and are entitled to vote. A Recreation & Culture Staff will attend the meeting in an advisory position. 4. Committee Members will state a conflict of interest in advance of the meeting and abstain from discussion and voting. Nominee Selection Categories of Induction: 1. Artist(s): an artist(s) who has/have been recognized for their outstanding contribution, or has brought significant recognition to Niagara Falls. 2. Cultural Builder(s): individuals who have made exceptional contributions to the artistic life and cultural development of the community as champions, supporters, patrons, administrators, teachers and mentors. Induction Criteria: Nominations will be reviewed by the Chair of the Selection Committee to ensure that the minimum criteria are met using the Arts & Culture Wall of Fame Induction Criteria form. A minimum of ten (10) points must be achieved in order to be considered for induction. Those scoring ten (10) or higher will be forwarded to the Arts & Culture Committee for a special Wall of Fame Meeting. Nominees must illustrate the following to be inducted: 1. Outstanding achievement in their artistic or cultural field. 2. A measurable impact on the Niagara Falls community must be illustrated municipally, provincially, nationally, or internationally. 3. A person must have resided in Niagara Falls and/or have Niagara Falls as the main venue for their art for an extensive period of time. Process: 1. Up to three (3) nominees per year may be inducted. Inductees will be chosen based on the merit of the application and may not necessarily be chosen from each Category on any given year. 2. Inductees receiving recognition on the Wall of Fame will also be showcased on the "Virtual Wall of Fame" on the Arts & Culture Committee's web page. 3. Inductees will receive a personal plaque that will state their name and year of induction. 4. Each nomination must be submitted in writing on the appropriate Nomination Form and contain, but not be limited to, the following: a) Nominator's name, address, telephone, and email address; b) A brief biography of the Nominee that includes date and place of birth; c) Details of the Nominee's awards or recognition; d) Number of years the Nominee resided in Niagara Falls; e) The nominator's relationship with the Nominee; f) The Nominee's approval (family representative or agent, if Nominee is deceased); g) A 8" x 10", colour or black and white, professional quality photo of the Nominee. 5. The nomination form must be properly and completely filled out with all the information requested. Incomplete forms will be sent back to the Nominator and may not be eligible for the current year's consideration. Page 391 of 623 3 A Great City … For Generations To Come 6. Further information may be required by the Awards Sub-Committee to evaluate the Nominee's candidacy. The Nominator or other sources will be contacted/researched to assist in this endeavour. 7. Nominees who are eligible for induction but are not selected will be kept on file for future consideration for a period of five (5) years. All Nomination Forms, applicable documentation and photos will become the property of the Niagara Falls Arts & Culture Committee and therefore not returned to the Nominator unless specifically requested Automatic Induction: 1. Nominees who have met the minimum criteria; and have been recognized by their peers with a prestigious award such as a Juno, where such an award exists; or have been recognized for their art through national or international acclaim will be eligible for automatic induction. Care & Maintenance of the Wall of Fame 1. The Awards Sub Committee will determine the appropriate care and maintenance of the Wall of Fame in consultation with the Recreation & Culture Staff and the venue operators. 2. Recreation & Culture Staff shall maintain an archive composed of an information file on each Nomination and Inductee. Submitted By: Kathy Moldenhauer, Director Recommended By: Ken Todd, CAO Approved By Council On: June 12, 2012 Report #: R&C-2012-10 Page 392 of 623 R&C-2018-15 August 14, 2018 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Recreation & Culture SUBJECT: R&C-2018-15 Recreation Software RECOMMENDATION That the Report be received for the information of Council. EXECUTIVE SUMMARY The City of Niagara Falls has been utilizing the CLASS recreation software for program registration and facility bookings since 2006. Prior to implementing CLASS software a paper system was used for facility booking. Active Network informed all CLASS users the software system has reached the end of its life and will no longer be supported beyond December 31, 2017. To replace the software, staff issued a RFP requesting software companies to submit a proposal. The inter-departmental software evaluation team received and evaluated four proposals. Maximum Solutions, MaxGalaxy software was selected. The software has a customer friendly interface and reasonable annual fees comparable to current license fees. Active Network/Maximum Solutions – MaxGalaxy was founded in 1994; the company currently has more than 1,200 clients worldwide. Two Niagara municipalities, Lincoln and NOTL are current users of the Maximum Solutions software. BACKGROUND In the past, facility bookings and program registration systems focused on face to face interactions and old technology to register customers by phone or mail. Users could not access their accounts on line to register for programs or to make an account payment. ANALYSIS/RATIONALE The new software system will deliver a new level of customer service. Customers will be able to register and pay online for programs and facility rentals. MaxGalaxy is user friendly and easy to operate for customers and staff. Facility managers have access to quick dashboard reports to review daily revenues, attendance and other statistics. Page 393 of 623 R&C 2018-15 August 14, 2018 Recreation & Culture clients can also be emailed via the software to promote programs and upcoming events. A promotional campaign will be launched late August to inform the community of the software. Campaign will focus on the expanded level of customer service starting September 4, 2018. FINANCIAL/STAFFING/LEGAL IMPLICATIONS Maximum Solutions charges an annual license fee of $16,020. The fee is comparable to the past CLASS license fee. Recreation & Culture administrative staff and supervisor/managers completed software training over the last six months. Staff were also responsible for the inputting of clients, program and facility rental information. CITY’S STRATEGIC COMMITMENT Strategic Priority, A Vibrant and Well planned City, Key Action: Continue to implement the recommendations from the 2007 Strategic Plan for the Provision of Parks, Recreation, Arts & Culture. Recommended by: Kathy Moldenhauer, Director of Recreation and Culture Respectfully submitted: Ken Todd, Chief Administrative Officer Page 394 of 623 TS-2018-20 August 14, 2018 REPORT TO: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services Department SUBJECT: TS-2018-20 Summer Street – Parking Review RECOMMENDATION That a No Parking, Except by Permit restriction be established on both sides of Summer Street between Main Street and Temperance Avenue. EXECUTIVE SUMMARY The recommended No Parking, Except by Permit zone is meant to allow residents of the study portion of Summer Street to park on the roadway. It will also minimize parking activity from surrounding commercial traffic generators. BACKGROUND Summer Street between Main Street and Temperance Avenue is a residential road permitting eastbound and westbound travel. The roadway has an 8.5 metre pavement width with a sidewalk on each side. Light poles are also present providing night time illumination. Staff received a concern from an area resident regarding employees, particularly from the nearby hospital, parking on Summer Street for the entire day. As a result of vehicles parked on each side, bidirectional traffic is impeded, and makes on-street parking for local residents unavailable. ANALYSIS/RATIONALE Questionnaires have been delivered to residents on Summer Street to identify their preference regarding on-street parking control. There are 27 households in the study area, of which seventeen (17) responses were received, representing a 63% response rate. Of the received responses fifteen (15) or 88% were in favour of on-street parking revisions, with the majority preferring permit parking on Summer Street. Observations Page 395 of 623 2 TS-2018-20 August 14, 2018 have been conducted on the roadway revealing consistent parking activity during the day time period. A collision problem does not exist based on a three year review. The installation of the No Parking, Except by Permit zone will eliminate on-street parking activity, other than by local residents who will be provided with permits. The same restriction is currently in place on Banker Avenue which intersects with Summer Street. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The installation of the signs is to be carried out by Transportation Services Staff. The labour and material costs are accounted for in the approved 2018 General Purposes Budget. It is estimated that the cost to install the signs is approximately $1,000. CITY’S STRATEGIC COMMITMENT Encourage multi-modal travel and active transportation initiatives, and enhance motorist, cyclist and pedestrian safety. LIST OF ATTACHMENT Study Area drawing Recommended by: Karl Dren, Director of Transportation Services Respectfully submitted: Ken Todd, Chief Administrative Officer Page 396 of 623 TS-2018-20 Summer Street Parking Review Recommended ‘No Parking, Except by Permit’ Zone Existing No Parking Corner RestrictionPage 397 of 623 TS-2018-21 August 14, 2018 REPORT TO: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services Department SUBJECT: TS-2018-21 Transit Services Agreement with the Town of Fort Erie (September 2018 to April 2019) RECOMMENDATION 1) That the City of Niagara Falls enter into an agreement with the Corporation of the Town of Fort Erie to supply transit service at full cost recovery. 2) That the Mayor and City Clerk be authorized to execute the necessary agreement. EXECUTIVE SUMMARY The Town of Fort Erie has requested the City of Niagara Falls provide transit service between their community and Niagara Falls for the September 2018 through April 2019 period, which aligns with the school years’ for Niagara College and Brock University. This agreement will be provided at an hourly rate, which ensures all costs associated with the provision of service are fully recovered. BACKGROUND The Town of Fort Erie has requested the City of Niagara Falls to supply inter-municipal bus service between Niagara Falls and Fort Erie. This service began ten years ago in September 2008 and serves as an educational and employment link between the two communities. This service will commence on September 4, 2018 and continue through to the end of April 26, 2019, which will address the needs of the post-secondary school customers who account for a majority of the ridership. In addition to the student traffic, the service attracts riders who travel into Niagara Falls for employment and healthcare opportunities. The Regional Municipality of Niagara provides Fort Erie link service on Saturdays and for the remaining months of May to August annually. Page 398 of 623 2 TS-2018-21 August 14, 2018 The Fort Erie service is proposed to be provided from the Leisureplex HUB in Fort Erie to Niagara Square in Niagara Falls. This provides connection options to other Niagara Falls transit buses for these customers. The new routing to and from each community, along with expanded budgetary commitments from the Town of Fort Erie, has allowed for more sustainable timing, three additional runs per day and shorter connection times to the heaviest driver for campus connections (60/65 Welland now at Niagara Square). FINANCIAL/STAFFING/LEGAL IMPLICATIONS The bus being utilised for the service is owned by the Region of Niagara and operated at the rate of recovery for that fleet ($100.00/ hour for this period as per the Purchase of Service Agreement with the Regional Municipality of Niagara dated June 5, 2018) which recoups all costs associated with providing this inter municipal service. The Service Agreement for the September 2018 through April 2019 will be the same as the previous years’. Based on the number of hours provided, the September 4, 2018 through April 26, 2019 service period will generate approximately $177,200. CITY’S STRATEGIC COMMITMENT The provision of this service between Niagara Falls and Fort Erie supports the City’s 2015 - 2018 Strategic Priorities to make Transit Services an environmentally and convenient choice that connects people to destinations, locally, regionally and provincially. Recommended by: Karl Dren, Director of Transportation Services Respectfully submitted: Ken Todd, Chief Administrative Officer CES/ Page 399 of 623 TS-2018-22 August 14, 2018 REPORT TO: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services Department SUBJECT: TS-2018-22 Transit Services Agreement with the Niagara College Student Administrative Council (September 1, 2018 to August 31, 2019) RECOMMENDATION 1) That the City of Niagara Falls enter into an agreement with the Niagara College Student Administrative Council to supply transit service at full cost recovery. 2) That the Mayor and City Clerk be authorized to execute the necessary agreement. EXECUTIVE SUMMARY The Niagara College Student Administrative Council (NCSAC) has requested the City of Niagara Falls enter into an agreement for the provision of a “tap rate” per ride for full time students registered at Niagara College that produce a valid U Pass from September 2018 through August 2019. Similar agreements with the City of Welland, St. Catharines Transit and Niagara Region have been undertaken. BACKGROUND NCSAC and the City had previously implemented the Universal Transit Pass (“U Pass”), for full time students registered at Niagara College (“Eligible Students”), with the exception of those students in programs not required to pay the Student Activity Fee. The U Pass consists of a valid Niagara College Student Identification Card fitted with a sticker equipped with a chip. Persons producing a valid Niagara College Student Identification Card equipped with a U Pass are able to board and ride on the buses of the City of Niagara Falls Transit System (including the Blue and Red Line of the WEGO System). Other Niagara (regional and local municipal) transit services recognize the U Pass as fare paid as well, providing for seamless service from one system to the other to post-secondary students travelling to and from Niagara Falls. Page 400 of 623 2 TS-2018-22 August 14, 2018 FINANCIAL/STAFFING/LEGAL IMPLICATIONS The City of Niagara Falls transit fleet providing this level of service is funded by the General Levy. For the fiscal year of 2017, students boarded a bus and “tapped” for a total of 606,429 trips. The revenue from NCSAC to the City of Niagara Falls based on that ridership at the per/tap rate of $0.60/tap is $363,857.40. So far in 2018, the ridership by eligible students (U Pass holders for NCSAC) has risen an average of 30% per semester since January 2018. The Service Agreement for the period September 1, 2018 through August 31, 2019, with regard to tap rates will be the same as the previous years. Based on discussions with NCSAC and other transit properties providing same level service the tap rate is anticipated to increase incrementally to $1.00/per tap within the next 3 years. CITY’S STRATEGIC COMMITMENT The provision of this service supports the City’s 2015 - 2018 Strategic Priorities to make Transit Services an environmentally and convenient choice that connects people to destinations, locally, regionally and provincially. Recommended by: Karl Dren, Director of Transportation Services Respectfully submitted: Ken Todd, Chief Administrative Officer CES/ Page 401 of 623 TS-2018-23 August 14, 2018 REPORT TO: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services Department SUBJECT: TS-2018-23 Snow Plowing & Salting/Sand and Snow Hauling of Municipal Parking Lots Contract Award RECOMMENDATION That Total Land Care Services be awarded the snow plowing and salting/sanding contract for the City of Niagara Falls for Areas 1, 3, 4 and 5 including snow hauling and Sacco Construction limited be awarded area 2 snow plowing salting/sanding and snow hauling as low bid respectively for each area for RFT-31-2018. That the City enter into agreements with the successful bidder for the plowing, salting/sanding and snow hauling of municipal parking for a 3-year term, from 2018/2019 – 2020/2021 winter seasons in accordance with tender RFT31-2018. That the Mayor and City Clerk be authorized to execute the necessary agreements. EXECUTIVE SUMMARY Bids were requested by the City of Niagara Falls for the three-year tender of snow plowing, salting/sanding and snow hauling for municipal lots. RFT31-2018 received four bids from contractors. Total Land Care Services was lowest bid for four of the five designated areas and Sacco construction were the low bidder for area 2 of the tender. Previously snow plowing tenders were issued separately from sanding tenders to provide contractors more opportunity to be awarded a contract that would meet their operational capabilities based on equipment and resources; however, due to issues with the coordination of sanding and plowing and potential slip and fall claims against the City of Niagara Falls, the tenders have been merged into one tender to provide the best possible service for the public in a coordinated plowing effort during each snow event. The Gale Centre was identified as its own area as well as the MacBain/Transit facility to address plowing needs based on property size. Page 402 of 623 2 TS-2018-23 August 14, 2018 BACKGROUND Bids were requested by the City of Niagara Falls for the three year tender of snow plowing, salting/sanding and snow hauling for municipal lots. RFT31-2018 received four bids from contractors looking to perform this duty. Total Land Care Services was the low bidder on areas 1, 3, 4 and 5 and Sacco Construction was the low bidder for area 2. Both Contractors have successfully performed the services in the past. It was found that sanding was inconsistent, often showing up before the plowing contractors, resulting in the material being pushed into piles with the snow plowing procedure and requiring a second application after the plow which lead to delays in sanding as well as expensive and time consuming clean-up of sand material in the spring. Due to the size and specific needs of the city facilities the Gale Centre was identified as its own area as well as the combined MacBain/Transit facility to address plowing needs based on property size and hours of operation. Companies had the opportunity to bid on individual areas or all depending on resources and equipment available to them. Following is a list of the four bids submitted for the tender opening of RFT31-2018 on July 26, 2018. Tender Opening results COMPANY NAME 3 year- 2018-2021 Total Price* (including HST) D & R Landscaping Group Area #1 No Bid Area #2 No Bid Area #3 No Bid Area #4 No Bid Area #5 $5,085.00 Snow Hauling** $ 666.70 Sacco Construction Ltd Area #1 $ 7,230.87 Area #2 $ 3,440.85 Area #3 $ No Bid Area #4 $ 9,492.00 Area #5 $ 4,237.50 Snow Hauling** $ 610.20 Snow Wrangler Area #1 $ 24,920.52 Area #2 $ 13,247.88 Area #3 $ 51,782.82 Area #4 $ 10,247.63 Area #5 $ 11,441.09 Page 403 of 623 3 TS-2018-23 August 14, 2018 Snow Hauling** $ 2797.17 Total Land Care Services Area #1 $ 6,068.10 Area #2 $ 3,576.45 Area #3 $ 4,034.10 Area #4 $ 5,932.50 Area #5 $ 3,220.50 Snow Hauling** $ 542.40 *per operation ** per hour ANALYSIS/RATIONALE Total Land Care is the recommended contractor based on the lowest bid for Areas 1, 3,4 and Area 5 and available equipment and resources. Sacco Construction is the recommended contractor based on the lowest bid for Area 2 and available equipment and resources FINANCIAL/STAFFING/LEGAL IMPLICATIONS Funds will be allocated in the General Purposes budget based on actual values from historical (2018 – 2021) snow fall seasons. CITY’S STRATEGIC COMMITMENT To maintain the city standards of safety and operational needs. Recommended by: Karl Dren, Director of Transportation Services Respectfully submitted: Ken Todd, Chief Administrative Officer Page 404 of 623 TS-2018-24 August 14, 2018 REPORT TO: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services Department SUBJECT: TS-2018-24 Transit Services Agreement with the Regional Municipality of Niagara (September 1, 2018 to April 30, 2019) RECOMMENDATION 1) That the City of Niagara Falls enter into an agreement with the Regional Municipality of Niagara to remit fees further to their agreement with the Brock University Student Union (the BUSU Agreement) on account of U Pass use by Brock University students on Niagara Falls Transit buses. 2) That the Mayor and City Clerk be authorized to execute the necessary agreement. EXECUTIVE SUMMARY The Regional Municipality of Niagara (Region) has requested the City of Niagara Falls re-enter into an agreement for the provision of transit services for the September 4, 2018 through April 30, 2019 period. This agreement will provide for the remittance of a monthly fee to the City of Niagara Falls on behalf of BUSU students registered at Brock University that produce and use a valid U Pass on a Niagara Falls Transit bus. This cost per tap, collected and remitted by the Region, provides for a partial recovery of costs associated with the provision of the service and enhancements required to meet the student demand. BACKGROUND The City of Niagara Falls had entered into previous agreement with the Region and is provided this level of service under By-Law 2017-111, passed at Council’s meeting of September 26, 2017. The City had previously implemented the BUSU Universal Transit Pass (“U Pass”), for full time students registered at Brock University (“Eligible Students”) and had charged BUSU directly under separate contracts for transit services to and from their campus. The U Pass consists of a valid Brock Student Identification Card. Persons producing a valid U Pass are able to board and ride on the buses of the City of Niagara Falls Transit System (including the Blue and Red Line of the WEGO System). Other Niagara Page 405 of 623 2 TS-2018-24 August 14, 2018 (regional and local municipal) transit services recognize the U Pass as fare paid as well, providing for seamless service from one system to the other to post-secondary students travelling to and from Niagara Falls. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The City of Niagara Falls transit fleet providing this level of service is funded by the General Levy. For the fiscal year of 2017, students boarded a bus and “tapped” for a total of 11,982 trips. The revenue from BUSU, remitted by the Region, to the City of Niagara Falls based on that ridership at the per/tap rate of $0.60/tap is $7,189.20 The Service Agreement for the September 1, 2018 through April 30, 2019 will be the same as the previous years’. CITY’S STRATEGIC COMMITMENT The provision of this service between Niagara Falls and Fort Erie supports the City’s 2015 - 2018 Strategic Priorities to make Transit Services an environmentally and convenient choice that connects people to destinations, locally, regionally and provincially. Recommended by: Karl Dren, Director of Transportation Services Respectfully submitted: Ken Todd, Chief Administrative Officer CES/ Page 406 of 623 July 9, 2018 CL 10-2018, July 5, 2018 CSC 9-2018, June 27, 2018 Report CSD 40-2018 LOCAL AREA MUNICIPALITIES SENT ELECTRONICALLY Clawback Percentages and Municipal Tax Adjustments CSD 40-2018 Regional Council at its meeting held on Thursday,July 5, 2018, passed the following recommendation of its Corporate Services Committee: That Report CSD 40-2018, dated June 27, 2018, respecting 2018 Claw Back Percentages and Municipal Tax Adjustments, BE RECEIVED and the following recommendations BE APPROVED: 1.That the claw back percentages for the affected property classes, under section 330 (1) of the Municipal Act, BE ESTABLISHED as follows for 2018: a.Multi-Residential: Not Applicable b.Commercial: 2.5727% c.Industrial: 0.0000% 2.That the Region BE DIRECTED to act as a banker, under Section 330(6) of the Municipal Act for the 2018 municipal tax adjustments; 3.That the necessary by-law BE PREPARED and PRESENTED to Council for consideration; and 4.That this report BE CIRCULATED to the Councils of the area municipalities for information. Page 407 of 623 Clawback Percentages and Municipal Tax Adjustments July 9,2018 Page 2 A copy of CSD 40-2018 and By-law No. 2018-59 are enclosed for your reference. Yours truly, Ann-Marie Norio Acting Regional Clerk :cjp CLK-C 2018-91 cc:T. Harrison Commissioner, Enterprise Resource Management Services/Treasurer M. Montague Executive Assistant to the Acting Commissioner, Enterprise Resource Management Services Page 408 of 623 CSD 40-2018 June 27, 2018 Page 1 Subject: 2018 Claw Back Percentages and Municipal Tax Adjustments Report to: Corporate Services Committee Report date: Wednesday, June 27, 2018 Recommendations 1.That the claw back percentages for the affected property classes, under section 330 (1) of the Municipal Act, BE ESTABLISHED as follows for 2018: a.Multi-Residential: Not Applicable b.Commercial: 2.5727% c.Industrial: 0.0000% 2.That the Region BE DIRECTED to act as a banker, under Section 330(6) of the Municipal Act for the 2018 municipal tax adjustments. 3.That the necessary By-Law BE PREPARED and PRESENTED to Council for consideration. 4.That this report BE CIRCULATED to the Councils of the area municipalities for information. Key Facts Approval of the claw back percentages and tax adjustments through a by-law is required as part of the tax capping process; Regional Council has approved the tax capping policy through report CSD 18-2018. There are no industrial properties capped or subject to claw back in 2018, resulting in a rate of 0%. Multi-Residential claw back is not applicable as a result of exiting the capping program for this class in 2017. In the commercial class, capping of taxes is funded of tax decreases. Since the Region began adopting all available capping options in 2005, the number of properties effected by capping has decreased from 4,323 to 21 in 2018. Financial Considerations There are no direct financial implications for the Region as a result of this report. It sets the claw back rates that the area municipalities will apply against those properties that are subject to claw back tax decreases. Page 409 of 623 CSD 40-2018 June 27, 2018 Page 2 ______________________________________________________________________ Analysis imit, or cap, the tax increases on commercial, industrial and multi-residential properties. The limit on tax decreases, in order to fund capping, is known a claw back. A mandated capping program to limit tax increases has been in place since 1998. It was initially introduced as a three-year (10-5-5) program to mitigate reform related property tax increases for the commercial, industrial and multi-residential property classes. On the completion of this program, Bill 140 was introduced to continue the transition each introduced for 2005 and 2009 taxation years to provide local flexibility in determining tax capping protection, accelerated progress towards CVA taxation, and reduced claw back percentages. Regional Council has adopted all available capping options permitted by the province since 2005, to the maximum. This has resulted in a significant reduction in the impact of the provincial capping program. The amount required to fund capped properties has declined significantly from approximately $16.5 million in 1998 to $6 thousand in 2018. The decrease in the number of capped properties from 2005 to 2018 is shown in Appendix 1. Included as Appendix 2 is the draft claw back percentages bylaw to be presented to Regional Council for consideration at the July 5, 2018 Council Meeting. As a result of exiting capping for the multi-residential property class in 2017, a claw back percentage will not be established. Alternatives Reviewed Not Applicable. Relationship to Council Strategic Priorities Not Applicable. Other Pertinent Reports CSD 18-2018 2018 Property Tax Policy, Ratios and Rates. Page 410 of 623 CSD 40-2018 June 27, 2018 Page 3 ______________________________________________________________________ _______________________________ Prepared by: Rob Fleming Senior Tax & Revenue Analyst Enterprise Resource Management Services ________________________________ Recommended by: Todd Harrison, CPA, CMA Commissioner/Treasurer Enterprise Resource Management Services ________________________________ Submitted by: Carmelo Chief Administrative Officer This report was prepared in consultation with Margaret Murphy, Associates Director, Budget Planning & Strategy and reviewed by Helen Chamberlain, Director, Financial Management and Planning/Deputy Treasurer. Appendices Appendix 1 Number of Properties Subject to Capping by Class page 4 Appendix 2 Draft Claw Back Percentages By-Law page 5 Page 411 of 623 Page 412 of 623 Bill 2018-XX Authorization Reference: CSD 18-2018 Minutes Item 5.3 Page 1 of 1 THE REGIONAL MUNICIPALITY OF NIAGARA BY-LAW NO. <> A BY-LAW TO PROVIDE TO THE AREA MUNICIPALITIES THE CLAW BACK PERCENTAGES TO BE USED FOR EACH CAPPED CLASS WHEREAS section 30 of the Municipal Act, S.O., 2001, c. 25, as amended, allows Regional Council to claw back property tax decreases in order to recover all or part of the revenues foregone as a result of a tax cap determined by the application of section 329 of the Municipal Act, S.O., 2001, and authorized the Region to provided adjustments between the upper-tier and lower-tier municipalities, to ensure that a surplus or shortfall does not result; WHEREAS in order for the area municipalities to utilize these claw back percentages, the Region must pass a by-law indicating the percentage to be used for each capped class;and WHEREAS the claw back percentages have been calculated, and the funding method has been established, as reported in CSD 18-2018. NOW THEREFORE the Council of The Regional Municipality of Niagara enacts as follows: 1.That the claw back percentages for each class are: Commercial 2.5727% Industrial 0.0000% 2.That this by-law shall come into force and effect on the day upon it is passed. THE REGIONAL MUNICIPALITY OF NIAGARA ______________________________________ Alan Caslin, Regional Chair ______________________________________ Ann-Marie Norio,Acting Regional Clerk Passed: <date> Page 413 of 623 ::!Pe|ham :VIr\\Jru\r\ Vibrant A Creahve »canng Health Canada Address Locator 0900C2 Ottawa,Ontario K1AOK9 Cannabis Odour Enforcement At their regular meeting of July 16"‘,2018,Council of the Town of Pelham received a staff report regarding the above-noted matter and endorsed the following: WHEREAS,the Federal Government implemented new rules concerning access to cannabis for medical purposes on August 24,2016;and WHEREAS,Licensed Producers are required to comply with all requirements under the Access to Cannabis for Medical Purposes Regulations (ACMPR)including section 61, which requires that areas within a site where cannabis is present must be equipped with WHEREAS,the Town of Pelham and the Federal Office of Medical Cannabis (OMC)have, and continue to,receive numerous complaints since January 2018 about the odour emitting from Commercial Federally Licenced Cannabis Grow Facilities (FACILITIES)in Pelham;and résldentsofitiieTown oi?éllhémand the surrounding municipalitiés;and WHEREAS,these FACILITIES have been under investigation by Inspectors from Health Canada's Cannabis Directorate since February of 2018 in regard to odour complaints with no resolution to date;and From the Clerk's Department nun--nu--.3-.nu-.--u.1 _Dav Services 20 Pelham Town Square P.O Box 400 »Fonthill,ON LOS 1E0 p:905.892.2607 f:905.892.5055 pelham.ca Page 414 of 623 ::3Pe|ham :wnuruxn V/bra/it 7 Creative A Caring NOW THEREFORE BE IT RESOLVED THAT The Government of Canada and its regulating including The Federal Office of Medical Cannabis,and the Federal Of?ce of the CannabisDirectoratebe requested to take whatever action is necessary to ensure these FACILITIES comply with section 61 of the ACMPR in regard to the elimination of the odour being released from these FACILITIES;and THAT a copy of this resolution be circulated to local area Niagara Municipalities to consider endorsement,and to all local Members of Parliament. On behalf of Council,we ask that you receive our letter and support the Town ofPe1ham in enforcing section 61 of (ACMPR). Yours very truly,Cw2; (Mrs.\ ‘Town’cigrkV' /hw cc:The Federal Office of Medical Cannabis Federal Of?ce of the Cannabis Directorate Local Area Clerks Local Members of Parliament Page 415 of 623 July 25,2018 To:Honorable Mayor Jim Diodati and Members of Council Re:Niagara Falls International Marathon Request for Road Closure and Niagara Transit Assistance Dear Mr.Mayor and Members of Council: This year our signature event takes place on Sunday, October 14 ,2018.We are proud of the significant economic impact our event brings to the community.In addition to the various running options, this year the associated Race Packet Pickup takes place at the Table Rock Welcome Centre on October 13, 2018. In addition to our regular events, this year we are interested in creating a race weekend opening event and party on Friday October 12th. The event would feature a one mile race through downtown (Park St, Zimmerman Ave & Queen St) Niagara Falls and finish with an after party hosted by Taps On Queen. Historically,Niagara Transit has supplied the Niagara Falls International Marathon with the usage of six (6)buses and bus drivers on race day.This service i s a great help to the marathon and other race events by shuttling participants to various areas of the race event. Please accept this as an official request for the donation of this service,which will be used to shuttle both the participants and spectators involved with the Marathon,Half-Marathon,5 km and 10 km races from Upper Rapids Boulevard to the Finish area and back.This service would also be used to shuttle the participants from the Finish Line to bus pick up. In addition,the event requires road closure and barricade setup.We have made our application to the City's Transportation Services department for a Road Use Special Events Permit.We respectfully request Council waive any associated fees with regards to road closure and any associated costs with other permits for the events (5km, 10km, Half-Marathon and Marathon) along the Niagara Parkway on Sunday October 14 and the One Mile Race downtown on Friday October 12, 2018. We are extremely grateful for all the support that City Council and staff have given us over the years and look forward to your continued support in 2018.Thank you in advance for your consideration of the various requests! Sincerely, Diane Chesla, Race Director Niagara Falls International Marathon Inc. 5603 Spring Street, Niagara Falls, ON, L2G 1P7, Canada Phone:905-356-9460 racedirector@niagarafallsmarathon.com www.niagarafallsmarathon.com Page 416 of 623 1 Teresa Fabbro From:Teresa Fabbro Sent:Monday, July 23, 2018 12:38 PM To:'Dave Mascia' Cc:Bill Matson Subject:RE: NFOktoberfest 2018 Hi Dave, Looks like all the info I need. I will add it to the Council agenda for August 14th and I’ll follow up with you after the meeting. Enjoy your day Dave! Teresa Fabbro Council Services & Freedom of Information Coordinator Clerks Dept. City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | 905-356-7521 X 4273 tfabbro@niagarafalls.ca From: Dave Mascia [mailto:davidrmascia@gmail.com] Sent: Friday, July 20, 2018 5:50 PM To: Teresa Fabbro Subject: NFOktoberfest 2018 Hi Teresa, it was great talking to you today! As per our conversation regarding Niagara Falls Oktoberfest, here are the details of the event: What: A cultural event celebrating German heritage with food, drinks and entertainment. When: October 5 & 6, 2018 Time: Friday 5th (5:00pm - 2am) / Saturday 6th (3:00 pm - 2am) Where: Scotiabank Convention Centre (Niagara Falls) Expected Attendance: 3000-5000 people We are applying for a Special Occassion Permit from the AGCO and we need to submit a letter from a delegated municipal authority, along with the application that designates the event as "municipally significant". If you can help us with this as soon as you can that would be much appreciated. Please let me know if you have any questions or require anything additional information. Thanks Teresa! Page 417 of 623 2 David -- David Mascia Niagara Falls, Ontario M. 289 241 5055 Davidrmascia@gmail.com Page 418 of 623 1 Teresa Fabbro From:Bill Matson Sent:Wednesday, July 25, 2018 12:06 PM To:Cathy Crabbe Cc:Teresa Fabbro Subject:RE: Council Agenda Item Thanks Cathy. We can list the proclamation for “Brother and Sister Community Day”. Bill From: Cathy Crabbe Sent: Wednesday, July 25, 2018 11:22 AM To: Bill Matson Cc: Teresa Fabbro Subject: Council Agenda Item Hi Bill: Please see below the adjustment request to the proclamation for Brother and Sister Day for the upcoming council agenda. I will reach out to Daniel with respect to the falls colours via the NPC if you would be so good as to confirm receipt of his request with respect to Council. Many thanks, Cathy From: Laurie Bitner Sent: Wednesday, July 25, 2018 10:56 AM To: Cathy Crabbe Subject: Telephone Message: Daniel Masih Hi Cathy, Daniel Masih would like to change the title for Council’s Proclamation from “Brother and Sister Day” to “Brother and Sister Community Day” that is to be declared as August 26 for the official day. He also would like to make a request to have the Falls lit up in Blue and Pink to commemorate the day. To confirm, Daniel can be reached at 647-648-0447. (He called from 416-588-9613). Thank you! Laurie Page 419 of 623 2 10:50 a.m. (Daniel mentioned that in his county - India, although is also Jewish , said Brother and Sister Day is a national holiday there representing Love, Peace, and Understanding, and their colours are light blue and pink, and he was looking forward to this becoming a National holiday for Canada (there is a national day declared in the US). He was also contacting Toronto to have the CN Tower lit up in same colours for this day). Laurie Bitner Special Projects Assistant Business Development City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 905-356-7521 Ext. 4269 lbitner@niagarafalls.ca Page 420 of 623 1 Teresa Fabbro From:Carey Campbell Sent:Monday, July 30, 2018 4:08 PM To:Bill Matson; Teresa Fabbro; Kristine Elia Subject:FW: Mari From: Maria Glidden <maria.glidden@prostatecancer.ca> Sent: Monday, July 30, 2018 4:02 PM To: Jim Diodati <jdiodati@niagarafalls.ca> Subject: Mari Dear Mayor Diodati, Every day, 11 men die from prostate cancer in Canada. It’s a serious disease that needs attention. September is Prostate Cancer Awareness Month. In 2017, nearly 250 municipalities across Canada formally recognized September as Prostate Cancer Awareness Month. We need your support to double that number in 2018 in order to spread awareness even further. Please help us achieve this important goal by joining other communities across Canada in a show of solidarity against the most common cancer in Canadian men by officially recognizing September 2018 as Prostate Cancer Awareness Month in Niagara Falls and illuminating a landmark in blue: the official colour of prostate cancer awareness. A template proclamation can be found below for your reference. Eagerly awaiting your response, Prostate Cancer Canada is the leading national foundation dedicated to the elimination of the most common cancer in men through research, advocacy, education, support and awareness. As the largest charitable investor in prostate cancer research in Canada, Prostate Cancer Canada is committed to continuous discovery in the areas of prevention, diagnosis, treatment, and support. Prostate Cancer Canada is proud to have been named one of Canada’s top 3 health charities for efficiency and financial transparency in the Financial Post’s 2017 Charities of the Year list. PROCLAMATION Prostate Cancer Awareness Month September 2018 WHEREAS, prostate cancer is the most common cancer among Canadian men; and WHEREAS, 1 in 7 Canadian men will be diagnosed with the disease in his lifetime; and Page 421 of 623 2 WHEREAS, an estimated 11 Canadian men will die from prostate cancer every day; and WHEREAS, the survival rate for prostate cancer can be close to 100% when detected early; and WHEREAS, those with a family history of the disease, or those of African or Caribbean descent, are at a greater risk of developing prostate cancer; and WHEREAS, the City of ____ supports Prostate Cancer Canada and all individuals committed to raising awareness about prostate cancer; THEREFORE, I, Mayor _____, on behalf of XX City Council, do hereby proclaim September 2018 as Prostate Cancer Awareness Month in the City of ____. Mayor’s signature Mayor’s name Mayor of ______ Page 422 of 623 Re: Light Up Purple for October 10, 2018 We invite you to join us for our #LightUpPurple campaign in support of World Mental Health Day held annually on October 10th. Light Up Purple is supported by the World Federation for Mental Health, whose 2018 theme is . We are pleased to have seen increased involvement with this event over the past f ive years, and the awareness it is bringing to mental health and wellness around the world. Buildings, landmarks and bridges across Canada, the USA and Internationally have been illuminating for rs, along with new ones, light up purple on October 10th, proclaim and build awareness for World Mental Health Day, and even wear or do something purple themed. Please visit our event website to view past supporters and discover other ways to get involved to show support on October 10, 2018. The Amanda Todd Legacy is a non-profit society that focuses on awareness and the well -being of individuals with respect to prevention and awareness relating to bullying, cyber abuse and internet safety as well as res ources and education that encourage mental wellness and healthy living. Standing together as one we can make a difference for everyone. By educating and empowering children and adults, we advocate for change to avoid more casualties. We, as caring comm unities of parents, youth, families, friends, classmates, co-workers and neighbors, must stand together and #MakeTodayPositive. Together we can show the entire world by lighting up purple that we say NO to bullying and the stigma of mental illness. Please join us this year and help to make a #GlobalDifference in the awareness surrounding mental health this October 10th.If you should have any questions, please email me directly at carol@amandatoddlegacy.org. Thank you in advance for your consideration. Page 423 of 623 CELEBRATE OLD DOWNTOWN COMMUNITY CORPORATION 4635B Queen Street Niagara Falls, Ontario, L2E 2L7 Page 424 of 623 Page 425 of 623 MUNICIPAL PROCLAMATION RECOVERY DAY 2018 WHEREAS the disease of addiction in its various forms creates a tremendous burden to individuals, families and communities in the Regional Municipality of Niagara; AND WHEREAS so many hundreds of thousands of steadfast and courageous citizens over the years have acknowledged their crippling dependencies and moved on to lives of sobriety; AND WHEREAS so many have found again their dignity and self-respect and loving regard for themselves and those around them; AND WHEREAS these brave souls have discovered and truly learned that honesty and sobriety and a full return to citizenship all march hand in hand; AND WHEREAS many have until this day been reluctant to declare openly and without need for explanation that they live proudly in RECOVERY; AND WHEREAS these very same people say in unison, “I AM IN RECOVERY,” and I am all the stronger and happier and more richly fulfilled as a person because of it; AND WHEREAS we choose now to CELEBRATE our RECOVERY and the RECOVERY of those sons and daughters, brothers and sisters beside us; NOW THEREFORE I, Jim Diodati, Mayor of the City of Niagara Falls, DO HEREBY PROCLAIM September 16, 2018 as RECOVERY DAY in the City of Niagara Falls. 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M C2.E'L(’(u-Cf/4") o¢.».z.:’.¢/as/7'-°‘vc»*r’=’/¢ 23 2018 Page 457 of 623 The City of Niagara Falls, Ontario Resolution Moved by: Seconded by WHEREAS subsection 51(45) of the Planning Act, 1990 R.S.O requires a written notice of a change made to the conditions of approval of a plan of subdivision by an approval authority;and WHEREAS notwithstanding the requirement for the written notice for a change to the conditions of approval of a plan of subdivision, subsection 51(47)of the Planning Act ,1990 R.S.O allows a municipality to deem such requested changes minor by passing a resolution;and WHEREAS 1340258 Ontario Inc. requested Council consider passing a resolution that would deem the change to the conditions of approval of the Warren Woods Phase 5 Plan of Subdivision (26T-11-2016-003) minor and not require circulation of a written notice;and WHEREAS Council determined that the proposed change to the conditions of approval of the Warren Woods Phase 5 Plan of Subdivision would permit 1340258 Ontario Inc. to divide a proposed block into two blocks in order to dedicate one block to the City of Niagara Falls to partially fulfill parkland dedication requirements and retain the second block for future development. THEREFORE BE IT RESOLVED that subject to subsection 51(47) of the Planning Act, 1990 R.S.O Council deems the change in the conditions of approval of the Warren Woods Phase 5 Plan of Subdivision minor and exempts the requirement for circulating a written notice. AND The Seal of the Corporation be hereto affixed. WILLIAM G. MATSON VINCE KERRIO ACTING CITY CLERK ACTING MAYOR Page 458 of 623 The City of Niagara Falls, Ontario Resolution No.August 14, 2018 Moved by: Seconded by WHEREAS the City initiated Official Plan and Zoning By-law Amendment Application AM-2017-005, establishing policies and zoning regulations for Vacation Rental Units, was approved by City Council on April 10, 2018; and WHEREAS the April 10, 2018 meeting complied with the requirements of the Planning Act to hold one statutory public meeting to provide notice of such meeting; and WHEREAS at its April 10, 2018 meeting, Council directed staff to report back on various matters, including permitting a Bed and Breakfast in an owner occupied dwelling versus a manager occupied dwelling; and WHEREAS at its July 10, 2018 meeting, Council directed that a Bed and Breakfasts is to be restricted to an owner occupied dwelling; and WHEREAS summarized in report PBD-2018-63. THEREFORE BE IT RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby determines, in accordance with Section 34(17) of the Planning Act, R.S.O. 1990,that the change to the proposed Zoning By-law for application number AM-2017-005 regarding a City initiated amendment for Bed and Breakfasts is minor in nature and does not require any further notice. AND The Seal of the Corporation be hereto affixed. WILLIAM G. MATSON VINCE KERRIO ACTING CITY CLERK ACTING MAYOR Page 459 of 623 CITY OF NIAGARA FALLS By-law No. 2018 – A By-law to provide for drainage works in the City of Niagara Falls, in the Regional Municipality of Niagara, known as the Boyer’s Creek Municipal Drain. WHEREAS the Municipal Council of the City of Niagara Falls has procured a report under Section 4 & 78 of the Drainage Act for the improvement of the Boyer’s Creek Municipal Drain; and WHEREAS the Engineer’s Report dated July 12, 2018 authored by J.R. Spriet of Spriet Associates Engineers & Architects was filed with the City Clerk on July 27, 2018; and WHEREAS the estimated total cost of the drainage works is Five Hundred Seventy-Six Thousand Dollars ($576,000.00); and WHEREAS Five Hundred Thirteen Thousand, Eight Hundred Sixty Six Dollars ($513,866.00) is the amount to be assessed to properties within the City of Niagara Falls for the drainage works; and WHEREAS Sixty-Two Thousand, One Hundred and Thirty Four Dollars ($62,134.00) is being assessed in the Town of Fort Erie; and WHEREAS the Council is of the opinion that drainage of the area is desirable; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. THAT the Engineer’s Report prepared by Spriet Associates Engineers & Architects dated July 12, 2018, attached as Schedule “A” and forming part of this by-law, is adopted and the drainage works is authorized and shall be completed as specified in the report. 2. THAT a Schedule of Assessments of lands and roads in the City of Niagara Falls and Town of Fort Erie, as set out in Schedule “C" of the aforestated Engineer’s Report, is attached as Schedule “B” to this by-law. 3. THAT this by-law shall come into force and effect on the passing thereof. 4. THAT the City Clerk is authorized to effect any minor m odifications, corrections or omissions, solely of an administrative, numerical, grammatical, semantical or descriptive nature to this by-law or its schedules after the passage of this by-law. Page 460 of 623 Read a first and second time and provisionally adopted this 14th day of August, 2018. ................................................................ ................................................................ BILL MATSON, ACTING CITY CLERK VINCE KERRIO, ACTING MAYOR First Reading: August 14, 2018. Second Reading: August 14, 2018. Third Reading: Read a third time and finally passed this ______ day of _______________ , 201_. ................................................................ ................................................................ BILL MATSON, ACTING CITY CLERK VINCE KERRIO, ACTING MAYOR First Reading: August 14, 2018. Second Reading: August 14, 2018. Third Reading: Page 461 of 623 Page 462 of 623 Page 463 of 623 Page 464 of 623 Page 465 of 623 Page 466 of 623 Page 467 of 623 Page 468 of 623 Page 469 of 623 Page 470 of 623 Page 471 of 623 Page 472 of 623 Page 473 of 623 Page 474 of 623 Page 475 of 623 Page 476 of 623 Page 477 of 623 Page 478 of 623 Page 479 of 623 Page 480 of 623 Page 481 of 623 Page 482 of 623 Page 483 of 623 Page 484 of 623 Page 485 of 623 Page 486 of 623 Page 487 of 623 Page 488 of 623 Page 489 of 623 Page 490 of 623 Page 491 of 623 Page 492 of 623 Page 493 of 623 Page 494 of 623 Page 495 of 623 Page 496 of 623 Page 497 of 623 Page 498 of 623 Page 499 of 623 Page 500 of 623 Page 501 of 623 Page 502 of 623 Page 503 of 623 Page 504 of 623 Page 505 of 623 Page 506 of 623 Page 507 of 623 Page 508 of 623 Page 509 of 623 Page 510 of 623 Page 511 of 623 Page 512 of 623 Page 513 of 623 Page 514 of 623 Page 515 of 623 Page 516 of 623 Page 517 of 623 Page 518 of 623 Page 519 of 623 Page 520 of 623 Page 521 of 623 Page 522 of 623 Page 523 of 623 Page 524 of 623 Page 525 of 623 Page 526 of 623 Page 527 of 623 Page 528 of 623 Page 529 of 623 Page 530 of 623 Page 531 of 623 Page 532 of 623 Page 533 of 623 Page 534 of 623 Page 535 of 623 Page 536 of 623 Page 537 of 623 Page 538 of 623 Page 539 of 623 Page 540 of 623 Page 541 of 623 Page 542 of 623 Page 543 of 623 BOYERS CREEK CITY OF NIAGARA FALLS MUNICIPAL DRAIN Page 544 of 623 BOYERS CREEK CITY OF NIAGARA FALLS MUNICIPAL DRAIN Page 545 of 623 BOYERS CREEK CITY OF NIAGARA FALLS MUNICIPAL DRAIN ³Page 546 of 623 Page 547 of 623 Page 548 of 623 Page 549 of 623 Page 550 of 623 Page 551 of 623 Page 552 of 623 Page 553 of 623 Page 554 of 623 Page 555 of 623 Page 556 of 623 Page 557 of 623 Page 558 of 623 Page 559 of 623 CITY OF NIAGARA FALLS By-law No. 2018- A by-law to amend By-law No. 2003-164 to remove the holding symbol (H) on the Lands on the south side of Dunn Street, west of Ailanthus Avenue, to permit the maximum number of parking spaces that can be provided on the Lands to be increased from 1,360 parking spaces to 1,651 parking spaces (AM-2003-020). WHEREAS By-law No. 2003-164 includes land use holding prohibitions that have the effect of zoning the lands P(H)-635; AND WHEREAS 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; AND WHEREAS the purpose of this by-law is to remove the land use holding prohibitions set out in By-law No. 2003-164 on the Lands, to have the effect of zoning the Lands P-635; AND WHEREAS the purpose of this by-law is to amend By-law No. 2003-164 such that the provisions of By-law No. 2003-164 concerning the permitted uses and governing regulations for the Lands will be of full force and effect from the date of this by-law; AND WHEREAS the Council of the City of Niagara Falls is satisfied with the submission of a certified cheque to guarantee that the conditions required for the removal of the holding provisions of By-law No. 2003-164 will be addressed; AND WHEREAS it is and has always been the intent of the Council of the City of Niagara Falls that the holding provisions of By-law No. 2003-164 would be removed and the permitted uses and regulations set out in the by-law would be implemented once the conditions set out in By- law No. 2003-164 had been fulfilled; AND WHEREAS the Council of the City of Niagara Falls is proceeding in accordance with subsection 36(4) of the Planning Act, R.S.O. 1990, c. P.13. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The holding provisions of By-law No. 2003-164 are hereby declared to be of no force and effect on the Lands. 2. The holding symbol (H) is hereby removed from the zoning designation of the Lands. 3. The balance of By-law No. 2003-164 is hereby declared to be in full force and effect on the Lands. Passed this fourteenth day of August, 2018. .......................................................................... …................................................... WILLIAM G. MATSON, ACTING CITY CLERK VINCE KERRIO, ACTING MAYOR First Reading: August 14, 2018 Second Reading: August 14, 2018 Third Reading: August 14, 2018 S:\ZONING\AMS\2003\By-laws\Byam020.docx Page 560 of 623 Page 561 of 623 CITY OF NIAGARA FALLS By-law No. 2018- A by-law to provide for the adoption of Amendment No. 127 to the City of Niagara Falls Official Plan (AM-2017-005). 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 constituting Amendment No. 127 to the City of Niagara Falls Official Plan is hereby adopted. Passed this fourteenth day of August, 2018. ....................................................................... ..................................................... WILLIAM G. MATSON, ACTING CITY CLERK VINCE KERRIO, ACTING MAYOR First Reading: August 14, 2018 Second Reading: August 14, 2018 Third Reading: August 14, 2018 S:\OFFICIAL.PLN\AMEND\#127 - Vacation Rental Units and Bed and Breakfasts\BYLAW_127.docx Page 562 of 623 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, constitute Amendment No. 127 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. TEXT CHANGES a. PART 2, Section 1.4 is hereby deleted and replaced with the following: 1.4 Home occupations, including owner occupied Bed and Breakfast s, may be permitted through an implementing zoning by-law where they are limited in number of guest rooms to be compatible with the residential neighbourhood. Zoning by-law amendment applications to increase the size of such uses will be carefully considered to minimize potential disturbances to adjacent properties and to protect the character and identity of the overall neighbourhood. b. The following is hereby added as PART 2, Section 1.10: 1.10 Vacation Rental Units are not to establish indiscriminately. In this regard, official plan and zoning by-law amendment applications will be processed on a site-by-site basis. Amendment applications will be reviewed subject to the following criteria: 1.10.1 Vacation Rental Units are limited to single or semi- detached dwellings or a second unit to a principal dwelling unit. 1.10.2 Vacation Rental Units shall be limited to 3 bedrooms to ensure the scale and physical character is compatible with the surrounding neighbourhood. 1.10.3 Parking and landscaping shall be consistent with the residential environment. 1.10.4 The size of the lot, the provision of landscaped amenity space, ability to accommodate required parking, nature and classification of the street and the proximity to tourist areas shall all be considered. 1.10.5 An undue concentration of Vacation Rental Units is to be avoided in order to reduce the impact on the character of the residential nature of the area and residential enjoyment of permanent residents. Page 563 of 623 1.10.6 To ensure lands designated as Residential meet the primary purpose of providing dwellings for a wide range of households, Council shall consider the current vacancy rate(s) and supply of available housing for tenants. 1.10.7 Vacation Rental Units will be subject to a licensing by- law passed under the Municipal Act, 2001, designed to regulate the operational aspects of Vacation Rental Units including, but not limited to: compliance with zoning; excessive noise; garbage disposal; property standards and adequate insurance. c. PART 2, Section 2.1 is hereby deleted and replaced with the following: 2.1 In order to preserve and enhance the qualities of the Niagara River Parkway, development shall be limited to detached dwellings on large estate-type lots. Home occupations, including owner occupied Bed and Breakfasts, may be permitted through an implementing zoning by-law where they are limited in number of guest rooms to be compatible with the neighbourhood. Zoning by-law amendment applications to increase the size of such uses will be carefully considered to minimize potential disturbances to adjacent properties and to protect the character and identity of the overall neighbourhood. Private sewage disposal systems will be installed and maintained to the satisfaction of the Regional Public Health Department and/or Ministry of the Environment. d. The following is hereby added to PART 2, Section 2.2: 2.2.5 Vacation Rental Units shall be subject to the policies of Part 2, Section 1.10. e. The following is hereby added to PART 2, Section 3.1: 3.1.3 Accommodations are only permitted to be developed in Major or Minor Commercial Districts. f. The following is hereby added to PART 2, Section 7.2.1: (iv) Vacation Rental Units shall be subject to the policies of Part 2, Section 1.10. g. The words “Bed and Breakfast facility(ies)”, “Bed and Breakfast accommodations”, “Bed and Breakfast establishments” and “tourist home” are hereby deleted where they occur in the Official Plan and are replaced with the words “Bed and Breakfast(s)”. Page 564 of 623 h. The following definitions are hereby added to APPENDIX 1 – DEFINITIONS “Accommodations” - means uses intended to provide temporary lodging to the travelling and vacationing public and include, but not limited to: a Hotel, Motel, Inn, Bed and Breakfast and a Vacation Rental Unit. “Bed and Breakfast” - means a home occupation that provides Guest Rooms and breakfast to the travelling and vacationing public and is licensed by the City of Niagara Falls to carry on business. “Guest Room” - means a room or suite of rooms which is capable of being rented separately to travelling and vacationing public and does not have any cooking facilities. “Vacation Rental Unit” - means the commercial use of a detached dwelling or dwelling unit that is available for rent in its entirety for a period of 28 consecutive days or less, to provide temporary lodging to the travelling and vacationing public and is licensed by the City of Niagara Falls to carry on business. Page 565 of 623 CITY OF NIAGARA FALLS By-law No. 2018- A by-law to amend By-law No. 79-200; By-law No. 1538, of the former Township of Crowland, now the City of Niagara Falls; and By-law No. 395, of the former Township of Willoughby, now the City of Niagara Falls, to introduce new definitions and regulatory provisions respecting Bed and Breakfasts (AM-2017-005). WHEREAS it is the express intention of the Council of the City of Niagara Falls to amend Zoning By-law No. 79-200, By-law No. 1538 and By-law No. 395, to add a new permitted use called “Bed and Breakfast”; AND WHEREAS it is the express intention of the Council of the City of Niaga ra Falls that the permitted use “Bed and Breakfast” shall be conditional upon the operator of the land use, obtaining a license from the City of Niagara Falls and maintaining that license in good standing and that no property, other than a property that has been zoned by a site specific by-law enacted by this Council, shall be found to have the permitted use “Bed and Breakfast” as of right; AND WHEREAS the Council of the City of Niagara Falls is aware of the presence within the City of Niagara Falls of uses that may fall within the ambit of the definition of “Bed and Breakfast” set out in this amending by-law that are in operation at this time; AND WHEREAS it is the express intention of the Council of the City of Niagara Falls that this amending by-law shall have no impact of any kind upon the existing rights of the operators of existing permitted uses that may fall within the ambit of the definition of “Bed and Breakfast” as set out in this amending by-law; AND WHEREAS the rights of the operators of existing permitted uses that may fall within the ambit of the definition of “Bed and Breakfast” do not, and never have, included the right to operate a “Bed and Breakfast” in the absence of a license for that operation issued by the City of Niagara Falls that is , and has been, maintained in good standing; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: By-law No. 79-200 1. SECTION 2 - DEFINITIONS of By-law No. 79-200 is amended by adding the following sections: “2.9A “BED AND BREAKFAST” means a home occupation that provides guest rooms and breakfast to the travelling and vacationing public and is licensed by the City of Niagara Falls to carry on business. 2.23A “GUEST ROOM” means a room or suite which is capable of being rented separately to the travelling and vacationing public and does not have any cooking facilities. Page 566 of 623 2 2.29A “LICENCE” means a City of Niagara Falls business licence issued pursuant to the City’s Licencing By-law. 2.36B “OWNER” means the owner of a lot as recorded in the records of the Registry Office for the Land Titles Division of Niagara South maintained in that Office for that lot.” 2. Table 1 of clause (a) of section 4.19.1 of By-law No. 79-200 is amended by deleting the following: “Tourist Home 1 parking space for each sleeping unit” and adding the following: “Bed and Breakfast 1 parking space for each guest room in addition to the parking space required for a detached dwelling or dwelling unit” 3. SECTION 4 – GENERAL PROVISIONS of By-law No. 79-200 is amended by adding the following: “4.37 BED AND BREAKFAST: a bed and breakfast shall comply with the following provisions: a) A bed and breakfast must be located in the dwelling or dwelling unit that is the primary residence of the owner; b) The maximum number of guest rooms permitted in a bed and breakfast in a dwelling or dwelling unit in a R1A, R1B, R1C, R1D, R1E, R1F, R2, R3, TRM, DC, DTC, A, R and DH zone shall be 3; c) The maximum number of guest rooms permitted in a bed and breakfast in a dwelling or dwelling unit in a GC, CB and TC zone shall be 6; d) A bed and breakfast shall require a license issued by the City of Niagara Falls and the municipal license of a bed and breakfast must be kept current and maintained in good standing; e) The maximum number of guests permitted to stay in a guest room shall be in accordance with the requirements of the Building Code Act, 1992, S.O. 1992, c. 23, as amended, and the regulations promulgated thereunder; f) Subject to clause (g) of section 4.37, every reference to a zone in clauses (b) and (c) of section 4.37 shall be deemed to include any zone described in section 19 of the by-law Page 567 of 623 3 that is derived from the zones listed in clauses (b) and (c) of section 4.37; g) Existing tourist homes and any other permitted uses that fall within the ambit of the definition of a bed and breakfast as set out in this by-law shall henceforth be referred to as a bed and breakfast, but in all other respects shall continue to be governed by the site specific regulations that govern their permitted use on the effective date of this amendment to the by-law; h) Parking and access requirements shall be in accordance with section 4.19.1.” 4. Section 7.1.1 PERMITTED USES of By-law No. 79-200 is amended by adding the following clause: “(e) A bed and breakfast in a detached dwelling, that complies with the provisions set out in section 4.37” 5. Section 7.2.1 PERMITTED USES of By-law No. 79-200 is amended by adding the following clause: “(e) A bed and breakfast in a detached dwelling, that complies with the provisions set out in section 4.37” 6. Section 7.3.1 PERMITTED USES of By-law No. 79-200 is amended by adding the following clause: “(e) A bed and breakfast in a detached dwelling, that complies with the provisions set out in section 4.37” 7. Section 7.4.1 PERMITTED USES of By-law No. 79-200 is amended by adding the following clause: “(e) A bed and breakfast in a detached dwelling, that complies with the provisions set out in section 4.37” 8. Section 7.5.1 PERMITTED USES of By-law No. 79-200 is amended by adding the following clause: “(e) A bed and breakfast in a detached dwelling, that complies with the provisions set out in section 4.37” 9. Section 7.5A.1 PERMITTED USES of By-law No. 79-200 is amended by adding the following clause: “(e) A bed and breakfast in a detached dwelling, that complies with the provisions set out in section 4.37” Page 568 of 623 4 10. Section 7.7.1 PERMITTED USES of By-law No. 79-200 is amended by adding the following clause: “(g) A bed and breakfast in a detached dwelling, or in a dwelling unit of a semi-detached dwelling or a duplex dwelling, that complies with the provisions set out in section 4.37” 11. Section 7.8.1 PERMITTED USES of By-law No. 79-200 is amended by adding the following clause: “(i) A bed and breakfast in a detached dwelling, or in a dwelling unit of a semi-detached dwelling or a duplex dwelling, that complies with the provisions set out in section 4.37” 12. Section 7.16.1 PERMITTED USES of By-law No. 79-200 is amended by adding the following clause: “(g) A bed and breakfast in a detached dwelling, that complies with the provisions set out in section 4.37” 13. Section 8.2.1 PERMITTED USES of By-law No. 79-200 is amended by adding the following clauses: “(uu) A bed and breakfast in an existing detached dwelling or dwelling unit, that complies with the provisions set out in section 4.37” 14. Section 8.3.1 PERMITTED USES of By-law No. 79-200 is amended by adding the following clause: “(f) A bed and breakfast in an existing detached dwelling, that complies with the provisions set out in section 4.37” 15. Section 8.5.1 PERMITTED USES of By-law No. 79-200 is amended by adding the following clause: “(nn) A bed and breakfast in an existing detached dwelling or dwelling unit, that complies with the provisions set out in section 4.37” 16. Clause (gg) of Section 8.6.1 PERMITTED USES of By-law No. 79-200 is deleted and replaced with the following clause: “(gg) A bed and breakfast in an existing detached dwelling or dwelling unit, that complies with the provisions set out in section 4.37” 17. Section 8.8.1 PERMITTED USES of By-law No. 79-200 is amended by adding the following clause: Page 569 of 623 5 “(e) A bed and breakfast in an existing detached dwelling, that complies with the provisions set out in section 4.37” 18. Section 12.1 PERMITTED USES of By-law No. 79-200 is amended by adding the following clause: “(e) A bed and breakfast in a detached dwelling, that complies with the provisions set out in section 4.37” 19. Section 13.1 PERMITTED USES of By-law No. 79-200 is amended by adding the following clause: “(e) A bed and breakfast in a detached dwelling, that complies with the provisions set out in section 4.37” 20. Section 15.1 PERMITTED USES of By-law No. 79-200 is amended by adding the following clause: “(k) A bed and breakfast in a detached dwelling that complies with the provisions set out in section 4.37” 21. Section 5.11 of By-law No. 79-200 is deleted. By-law No. 1538 22. SECTION 2 - DEFINITIONS of By-law No. 1538 is amended by adding the following subsections: “2.5.1 “Bed and Breakfast” shall mean a home occupation that provides guest rooms and breakfast to the travelling and vacationing public and is licensed by the City of Niagara Falls to carry on business. 2.44.1 “Guest Room” shall mean a room or suite of rooms which is capable of being rented separately to the travelling and vacationing public and does not have any cooking facilities. 2.47.1 “Home Occupation” shall mean an occupation or business conducted for gain or profit, within a one family detached dwelling, by any primary resident of the one family detached dwelling. 2.49.1 “Licence” shall mean a City of Niagara Falls business licence issued pursuant to the City’s Licencing By-law. 2.62.1 “Owner” shall mean the owner of a lot as recorded in the records of the Registry Office for the Land Titles Division of Niagara South maintained in that Office for that lot.” 23. The Schedule of Clause 5.20 – OFF-STREET PARKING REQUIREMENTS of SECTION 5 – GENERAL PROVISIONS TO ALL DISTRICTS of By-law No. 1538 is amended by adding the following: Page 570 of 623 6 “10. A bed and breakfast 1 parking space for each guest room, in addition to the parking spaces required for a dwelling unit” 24. SECTION 5 - GENERAL PROVISIONS TO ALL DISTRICTS of By-law No. 1538 is amended by adding the following subsection: “5.28 BED AND BREAKFAST A bed and breakfast shall comply with the following provisions: (a) A bed and breakfast must be located in a one family detached dwelling that is the primary residence of the owner; (b) The maximum number of guest rooms in a bed and breakfast shall be 3; (c) A bed and breakfast shall be licensed by the City of Niagara Falls and the municipal license of a bed and breakfast must be kept current and maintained in good standing; (d) The maximum number of guests permitted to stay in a guest room shall be in accordance with the requirements of the Building Code Act, 1992, S.O. 1992, c. 23, as amended, and the regulations promulgated thereunder; and (e) Parking and access requirements shall be in accordance with subsection 5.20 of Section 5.” 25. Subsection 7.1 USES PERMITTED of SECTION 7 – RURAL AGRICULTURAL RA of By-law No. 1538 is amended by adding the following subsection: “7.1.7 A bed and breakfast in a one family detached dwelling that complies with the provisions set out in Section 5.” By-law No. 395 26. Subclause (a) of Clause (7) of SECTION III A PROVISIONS FOR ALL ZONES : of By-law No. 395 is amended by deleting subclause (ii) and inserting the following: “(ii) “guest room of a hotel, motel, cabin or bed and breakfast”. 27. SECTION III A PROVISIONS FOR ALL ZONES: of By-law No. 395 is amended by adding the following subclause: “(9) Bed and Breakfast A bed and breakfast shall comply with the following provisions: Page 571 of 623 7 (a) A bed and breakfast must be located in a single family dwelling that is the primary residence of the owner; (b) The maximum number of guest rooms permitted in a bed and breakfast shall be 3; (c) A bed and breakfast shall be licensed by the City of Niagara Falls and the municipal license of a bed and breakfast must be kept current and maintained in good standing; (d) The maximum number of guests permitted to stay in a guest room shall be in accordance with the requirements of the Building Code Act, 1992, S.O. 1992, c. 23, as amended, and the regulations promulgated thereunder; and (e) Parking and access requirements shall be in accordance with clause 7 of Section III A.” 28. SECTION III B DEFINITIONS: of By-law No. 395 is amended by adding the following: “Bed and Breakfast” shall mean a ho me occupation that provides guest rooms and breakfast to the travelling and vacationing public and is licensed by the City of Niagara Falls to carry on business. “Guest Room” shall mean a room or suite of rooms which is capable of being rented separately to the travelling and vacationing public and does not have any cooking facilities. “Home Occupation” shall mean an occupation or business conducted for gain or profit, within a single detached dwelling, by any primary resident of that single detached dwelling. “Licence” shall mean a City of Niagara Falls business licence issued pursuant to the City’s Licencing By-law. “Owner” shall mean the owner of a lot as recorded in the records of the Registry Office for the Land Titles Division of Niagara South maintained in that Office for that lot.” 29. Subsection (1) Uses Permitted of SECTION VI RURAL: of By-law No. 395 is amended by adding the following clause: “(d) bed and breakfast in a single family dwelling that complies with the provisions set out in Section III A:” 30. Subsection (1) Uses Permitted of SECTION VII VILLAGE RESIDENTIAL: of By- law No. 395 is amended by adding the following clause: “bed and breakfast in a single family dwelling that complies with the provisions set out in Section III A.” Page 572 of 623 8 31. Subsection (1) Uses Permitted of SECTION VIII NIAGARA RIVER PARKWAY RESIDENTIAL: of By-law No. 395 is amended by adding the following clause: “bed and breakfast in a single family dwelling that complies with the provisions set out in Section III A.” 32. A new Section XIV of By-law No. 395 is added, as follows: “SECTION XIV EXISTING BED AND BREAKFAST USES Existing tourist homes and any other permitted uses that fall within the ambit of the definition of a bed and breakfast as set out in this by-law shall henceforth be referred to as a bed and breakfast, but in all other respects shall continue to be governed by the site specific regulations that govern their permitted use on the effective date of this amendment to the by-law.” Passed this fourteenth day of August, 2018. ........................................................................ …................................................... WILLIAM G. MATSON, ACTING CITY CLERK VINCE KERRIO, ACTING MAYOR First Reading: August 14, 2018 Second Reading: August 14, 2018 Third Reading: August 14, 2018 S:\ZONING\AMS\2017\By-laws\Byam005bnbAugust7Planning.docx Page 573 of 623 CITY OF NIAGARA FALLS By-law No. 2018- A by-law to amend By-law No. 79-200, to introduce new definitions and regulatory provisions respecting Vacation Rental Units (AM-2017-005). WHEREAS it is the express intention of the Council of the City of Niagara Falls to amend Zoning By-law No. 79-200, to add a new permitted use called “Vacation Rental Unit”; AND WHEREAS it is the express intention of the Council of the City of Niagara Falls that the permitted use “Vacation Rental Unit” shall be conditional upon the operator of the land use, obtaining a license from the City of Niagara Falls and maintaining that license in good standing and that no property, other than a property that has been so zoned by a site specific by-law enacted by this Council, shall be found to have the permitted use “Vacation Rental Unit” as of right; AND WHEREAS the Council of the City of Niagara Falls is aware of the presence within the City of Niagara Falls of uses that may fall within the ambit of the definition of “Vacation Rental Unit” set out in this amending by-law that are in operation at this time; AND WHEREAS it is the express intention of the Council of the City of Niagara Falls that this amending by-law shall have no impact of any kind upon the existing rights of the operators of existing permitted uses that fall within the ambit of the definition of “Vacation Rental Unit” as set out in this amending by-law; AND WHEREAS the rights of the operators of existing permitted uses that may fall within the ambit of the definition of “Vacation Rental Unit” do not, and never have, included the right to operate a “Vacation Rental Unit” in the absence of a license for that operation issued by the City of Niagara Falls that is, and has been, maintained in good standing; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: By-law No. 79-200 1. SECTION 2 - DEFINITIONS of By-law No. 79-200 is amended by deleting section 2.15.1 – “COTTAGE RENTAL DWELLING” and by adding the following section: “2.61B “VACATION RENTAL UNIT” means the commercial use of a detached dwelling or dwelling unit that is available for rent in its entirety for a period of 28 consecutive days or less, to provide temporary lodging to a single group of the travelling and vacationing public and is licensed by the City of Niagara Falls to carry on business”. 2. Table 1 of clause (a) of Section 4.19.1 REQUIREMENTS of By-law No. 79-200 is amended by adding the following: “Vacation Rental Unit 2 parking spaces, which may be provided in tandem” Page 574 of 623 2 3. SECTION 4 – GENERAL PROVISIONS of By-law No. 79-200 is amended by adding the following: “4.38 VACATION RENTAL UNIT: a vacation rental unit shall comply with the following regulations: (a) The maximum number of bedrooms permitted in a vacation rental unit in an existing detached dwelling or dwelling unit in a TC, GC, and CB zone shall be 3; (b) A vacation rental unit shall be licensed by the City of Niagara Falls and the municipal license of a vacation rental unit must be kept current and maintained in good standing; (c) The maximum number of travelers permitted to stay in an existing detached dwelling or dwelling unit used as a vacation rental unit shall be in accordance with the requirements of the Building Code Act, 1992, S.O. 1992, c. 23, as amended, and the regulations promulgated thereunder; (d) Subject to clause (e) of section 4.38, any and every reference to a zone in clause (a) of section 4.38 shall be deemed to include any zone described in section 19 of the by-law that is derived from the zones listed in clause (a) of section 4.38; (e) Existing cottage rental dwellings and any other permitted uses that fall within the ambit of the definition of a vacation rental unit as set out in this by-law shall henceforth be referred to as a vacation rental unit, but in all other respects shall continue to be governed by the site specific regulations that govern their permitted use on the effective date of this amendment to the by-law; (f) Parking and access requirements shall be in accordance with section 4.19.1.” 4. Section 8.2.1 PERMITTED USES of By-law No. 79-200 is amended by adding the following clause: “(vv) Vacation rental unit within an existing detached dwelling or dwelling unit, that comply with the regulations set out in section 4.38” 5. Section 8.5.1 PERMITTED USES of By-law No. 79-200 is amended by adding the following clause: “(oo) Vacation rental unit within an existing detached dwelling or dwelling unit, that comply with the regulations set out in section 4.38” Page 575 of 623 3 6. Section 8.6.1 PERMITTED USES of By-law No. 79-200 is amended by adding the following clause: “(hh) Vacation rental unit within an existing detached dwelling or dwelling unit, that comply with the regulations set out in section 4.38” Passed this fourteenth day of August, 2018. ........................................................................ ........................................................ WILLIAM G. MATSON, ACTING CITY CLERK VINCE KERRIO, ACTING MAYOR First Reading: August 14, 2018 Second Reading: August 14, 2018 Third Reading: August 14, 2018 S:\ZONING\AMS\2017\By-laws\Byam005vruAugust8Planning.docx Page 576 of 623 CITY OF NIAGARA FALLS By-law No. 2018- A by-law to amend By-law No. 79-200, to add a gasoline bar to the list of uses permitted on the Lands (AM-2017-012). 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 purpose of this by-law is to amend the provisions of By-law No. 79-200, to permit the use of the Lands in a manner that would otherwise be prohibited by that by-law. In the case of any conflict between a specific provision of this by-law and any existing provision of By-law No. 79-200, the provisions of this by-law are to prevail. 3. Notwithstanding any provision of By-law No. 79-200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 4. The permitted uses shall be: (a) The uses permitted in a GC zone (b) Gasoline bar 5. The regulations governing the permitted uses in a GC zone, save and except for a car wash, shall be the regulations for a GC use. 6. The regulations governing a car wash shall be: (a) Minimum interior side yard width 3.7 metres (b) Sound barrier wall minimum surface density of 20 kg/m²- 4 metres in height along the westerly interior side lot line (c) The balance of the regulations specified for a GC use 7. The regulations governing a gasoline bar shall be: (a) Minimum interior side yard width 2.91 metres (b) The balance of the regulations specified for a gasoline bar in an AS zone Page 577 of 623 2 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 shall be shown on Sheet D3 of Schedule “A” of By- law No. 79-200 by designating the Lands GC and numbered 1074. 12. Section 19 of By-law No. 79-200 is amended by adding thereto: 19.1.1074 Refer to By-law No. 2018-___. Passed this fourteenth day of August, 2018. ...................................................................... …………………………..……………. WILLIAM G. MATSON, ACTING CITY CLERK VINCE KERRIO, ACTING MAYOR First Reading: August 14, 2018 Second Reading: August 14, 2018 Third Reading: August 14, 2018 S:\ZONING\AMS\2017\By-laws\Byam012.docx Page 578 of 623 mn_._m_uc_.mH._.Ow<-_.><<20.Noam- magma_.2anE $.23 maHo} 41.61m AVVIHOLOl/\ HNH9: $.33 <<=._:Z_O._.._.ma 4 EN _ummn:E_o:_ >uu__nm:n >mmmmm3m_#of >3m:a==mNo:_:u_w<-_w<<2o.uo-~8 _.O._.Km2.SS._.O<<zO.”z_>m>m>m>_._.M_.._.Km2.S8._.O<<z O_u2H>m>_~>_n>_._.m“_.._.T3_u_.38._.O<<2O_uzH>m>x>_u>_._.M 3._u._.Emnr88._.O<<2omzH>m>m>_”>_.5>mHz3885 z_>m>x>_u>_._.m32”Ewwwoo?cud Imamamsim Nuwmomooomowooo.j >_<_-~oB-S~ _£n_m:_§__§w€3._.mau_m33N==_.am§a=_m?n=_Sm§§__B.uua.:58;Page 579 of 623 CITY OF NIAGARA FALLS By-law No. 2018- A by-law to amend By-law Nos. 395, 1966 and 79-200, to permit a single detached dwelling and to protect a Provincially Significant Wetland on the Lands (AM-2017-022). 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. None of the provisions of By-law No. 395, 1966 shall apply to prevent the Lands from being added to and placed under the control of By-law No. 79-200. 3. The Lands shall be identified as two parcels, known as Parcels R1A-1066 and EPA. 4. 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. 5. 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. 6. The permitted uses shall be: (a) For Parcel R1A-1066, the uses permitted in an R1A zone (b) For Parcel EPA, the uses permitted in an EPA zone 7. The regulations governing the permitted uses on Parcel R1A-1066 shall be: (a) Minimum lot area 1256 square metres (b) Minimum lot frontage 54 metres (c) Minimum rear yard depth 70 metres (d) Minimum setback of buildings and structures from the boundary of an EPA zone 1.47 metres Page 580 of 623 2 (e) Minimum interior side yard width (i) from the easterly lot line (ii) from the westerly lot line 10 metres 22 metres (f) Maximum height of a building 7 metres (g) Minimum landscaped open space 80% (h) Maximum lot coverage 20% (i) The balance of the regulations specified for an R1A use 8. The regulations governing the permitted uses on Parcel EPA shall be the regulations for an EPA use. 9. All other applicable regulations set out in By-law No. 79-200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 10. No person shall use the Lands for a use that is not a permitted use. 11. No person shall use the Lands in a manner that is contrary to the regulations. 12. The provisions of this by-law shall be shown on Sheet D7 of Schedule “A” of By-law No. 79-200 by designating the Lands R1A and numbered 1066, in part, and EPA, in part. 13. Section 19 of By-law No. 79-200 is amended by adding thereto: 19.1.1066 Refer to By-law No. 2018-___. Passed this fourteenth day of August, 2018. ...................................................................... ……………………………………. WILLIAM G. MATSON, ACTING CITY CLERK VINCE KERRIO, ACTING MAYOR First Reading: August 14, 2018 Second Reading: August 14, 2018 Third Reading: August 14, 2018 S:\ZONING\AMS\2017\By-laws\Byam022.docx Page 581 of 623 Page 582 of 623 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 31 townhouse dwelling units and 8 quadruplex dwelling units (AM-2018-008). 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 purpose of this by-law is to amend the provisions of By-law No. 79-200, to permit the use of the Lands in a manner that would otherwise be prohibited by that by-law. In the case of any conflict between a specific provision of this by-law and any existing provision of By-law No. 79-200, the provisions of this by-law are to prevail. 3. Notwithstanding any provision of By-law No. 79-200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 4. The permitted uses shall be: (a) The uses permitted in an R4 zone, save and except an apartment dwelling and group dwellings including apartment dwellings (b) A quadruplex dwelling 5. The regulations governing the permitted uses shall be: (a) Minimum lot area 250 square metres for each dwelling unit (b) Minimum lot frontage 30 metres (c) Minimum front yard depth for a dwelling 4 metres (d) Minimum rear yard depth for a dwelling 7 metres (e) Minimum interior side yard width 7 metres (f) Minimum exterior side yard width for a dwelling 3 metres Page 583 of 623 2 (g) Maximum lot coverage 40 % (h) Maximum height of building or structure (i) for a townhouse dwelling (ii) for a quadruplex dwelling 13.5 metres or 3 storeys, whichever is lesser, including a pitched roof 15 metres or 3 storeys, whichever is lesser, including a pitched roof (i) Minimum privacy yard depth/decks (i) for units abutting Kalar Road (ii) for quadruplex units (iii) for all other units no privacy yard is required, however, a deck with a minimum depth of 3 metres shall be provided from the main wall of the dwelling unit above the private parking area of the unit none 7 metres (j) Maximum projection of a one storey roofed over porch into any required yard 3 metres, provided that no part of any such porch is closer than 1.5 metres from any lot line (k) The balance of regulations specified for an R4 use 6. 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. 7. No person shall use the Lands for a use that is not a permitted use. 8. No person shall use the Lands in a manner that is contrary to the regulations. 9. 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 R4 and number 856 to R4 and numbered 1069. 10. Section 19 of By-law No. 79-200 is amended by adding thereto: 19.1.1069 Refer to By-law No. 2018-___. Page 584 of 623 3 11. None of the provisions of By-law No. 2009-51 shall continue to apply to the Lands. Passed this fourteenth day of August, 2018. ......................................................................... ....................................................... WILLIAM G. MATSON, ACTING CITY CLERK VINCE KERRIO, ACTING MAYOR First Reading: August 14, 2018 Second Reading: August 14, 2018 Third Reading: August 14, 2018 S:\ZONING\AMS\2018\By-laws\Byam008A.docx Page 585 of 623 SCHEDULE 1 TO BY-LAW NO.2018- Subject Lands: __ ELDé:ng~-'L ” ,fL._l_._n, 1 ,_____ ,\_Vl_LL1 WZC._.W< /_,\\{____ ‘\ iiA,__ mcjm \‘‘WW4 MULBERRVDR 9 Amending Zoning By-law No.79-200 Description:BLOCK88 PLAN59M388;CITY OF NIAGARAFALLS ADD|icant:Imaqine Townhomes GP Inc. Assessment #2 272511000216092 {E AM-2018-008 K:\Gys_xsqueas\pmremp|aces\znnungscnmmesannmgsmeames.aprx\Am»1ums-um ms/mm Page 586 of 623 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 38 townhouse dwelling units (AM-2018-008). 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 purpose of this by-law is to amend the provisions of By-law No. 79-200, to permit the use of the Lands in a manner that would otherwise be prohibited by that by-law. In the case of any conflict between a specific provision of this by-law and any existing provision of By-law No. 79-200, the provisions of this by-law are to prevail. 3. Notwithstanding any provision of By-law No. 79-200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 4. The permitted uses shall be the uses permitted in an R4 zone, save and except an apartment dwelling and group dwellings including apartment dwellings. 5. The regulations governing the permitted uses shall be: (a) Minimum front yard depth 3.4 metres (b) Minimum rear yard depth (i) within 18 metres of the southerly interior side lot line (ii) from all other sections of the rear lot line 2.5 metres 7 metres (c) Minimum interior side yard width (i) within 21 metres of the rear lot line (ii) from all other interior side lot lines 2.5 metres one-half the height of the building (d) Maximum lot coverage 40 % (e) Maximum height of building or structure 10 metres or 2.5 storeys, whichever is lesser Page 587 of 623 2 (f) Minimum privacy yard depth for each townhouse dwelling unit, as measured from the exterior rear wall of every dwelling unit (i) for a dwelling unit backing onto an interior side lot line within 7.5 metres of a rear lot line (ii) for all other dwelling units 3.5 metres 7 metres (g) Maximum projection of a one storey roofed over porch into any required yard 3 metres, provided that no part of any such porch is closer than 1.5 metres from any lot line (h) The balance of regulations specified for an R4 use 6. 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. 7. No person shall use the Lands for a use that is not a permitted use. 8. No person shall use the Lands in a manner that is contrary to the regulations. 9. 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 DH, to R4 and numbered 1070. 10. Section 19 of By-law No. 79-200 is amended by adding thereto: 19.1.1070 Refer to By-law No. 2018-___. Passed this fourteenth day of August, 2018. ......................................................................... …................................................... WILLIAM G. MATSON, ACTING CITY CLERK VINCE KERRIO, ACTING MAYOR First Reading: August 14, 2018 Second Reading: August 14, 2018 Third Reading: August 14, 2018 S:\ZONING\AMS\2018\By-laws\Byam008B.docx Page 588 of 623 SCHEDULE 1 TO BY-LAW NO.2018- Subject Lands: MULBERRYDR Page 589 of 623 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 (AM-2018-008). 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 purpose of this by-law is to amend the provisions of By-law No. 79-200, to permit the use of the Lands in a manner that would otherwise be prohibited by that by-law. In the case of any conflict between a specific provision of this by-law and any existing provision of By-law No. 79-200, the provisions of this by-law are to prevail. 3. Notwithstanding any provision of By-law No. 79-200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 4. The permitted uses shall be the uses permitted in an R4 zone, save and except an apartment dwelling and group dwellings including apartment dwellings. 5. The regulations governing the permitted uses shall be: (a) Minimum front yard depth (i) from Kalar Road (ii) from Tulip Tree Drive 6 metres, save and except within 23 metres of the northerly interior side lot line where it shall be 2.4 metres 3.4 metres (b) Minimum interior side yard width (i) from the westerly side lot line (ii) from all other side lot lines 1.6 metres one-half the height of the building (c) Maximum lot coverage 40 % (d) Maximum height of building or structure 10 metres or 2.5 storeys, whichever is lesser Page 590 of 623 2 (e) Minimum privacy yard depth for each townhouse dwelling unit as measured from the exterior rear wall of every dwelling unit (i) for dwelling units abutting Kalar Road (iii) for all other dwelling units 6 metres 7 metres (f) Maximum projection of a one storey roofed over porch into any required yard 3 metres, provided that no part of any such porch is closer than 1.5 metres from any lot line (g) The balance of regulations specified for an R4 use 6. 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. 7. No person shall use the Lands for a use that is not a permitted use. 8. No person shall use the Lands in a manner that is contrary to the regulations. 9. 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 R4 and numbered 1000 to R4 and numbered to 1071. 10. Section 19 of By-law No. 79-200 is amended by adding thereto: 19.1.1071 Refer to By-law No. 2018-___. 11. None of the provisions of By-Law No. 2014-52 shall continue to apply to the Lands. Passed this fourteenth day of August, 2018. ......................................................................... …................................................... WILLIAM G. MATSON, ACTING CITY CLERK VINCE KERRIO, ACTING MAYOR First Reading: August 14, 2018 Second Reading: August 14, 2018 Third Reading: August 14, 2018 S:\ZONING\AMS\2018\By-laws\Byam008C.docx Page 591 of 623 SCHEDULE 1 TO BY-LAW NO.2018- Subject Lands: LRD xovamm 411,!T Amending Zoning By-law No.79-200 Description:BLOCK229,PLAN59M416;CITY OF NIAGARAFALLS ADD|icant:Imaqine Townhomes GP Inc. Assessment #:2725110O0206l3l {E AM-2018-008 K:\5ys_xsqueas\vmremp|aces\znnungscneamesannmgsmeames.aprx\Am-1ams-nos:me/mm Page 592 of 623 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 a 6 unit apartment dwelling (AM-2018-010). 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 purpose of this by-law is to amend the provisions of By-law No. 79-200, to permit the use of the Lands in a manner that would otherwise be prohibited by that by-law. In the case of any conflict between a specific provision of this by-law and any existing provision of By-law No. 79-200, the provisions of this by-law are to prevail. 3. Notwithstanding any provision of By-law No. 79-200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 4. The permitted uses shall be the uses permitted in a R5A zone. 5. The regulations governing the permitted uses shall be: (a) Minimum lot area 175 square metres for each dwelling unit (b) Minimum rear yard depth 9 metres (c) Minimum interior side yard width i) from the east side lot line ii) from the west side lot line 1.5 metres one-half the height of the building (d) Minimum landscaped open space 30% of the lot area, including a 1.8 metre strip along the front lot line (e) Decorative wall or berm pursuant to Section 4.19.3(c) of By-law No. 79-200 none required (f) The balance of regulations specified for a R5A use Page 593 of 623 2 6. 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. 7. No person shall use the Lands for a use that is not a permitted use. 8. No person shall use the Lands in a manner that is contrary to the regulations. 9. The provisions of this by-law shall be shown on Sheet C5 of Schedule “A” of By- law No. 79-200 by redesignating the Lands from I, to R5A and numbered 1068. 10. Section 19 of By-law No. 79-200 is amended by adding thereto: 19.1.1068 Refer to By-law No. 2018-___. Passed this fourteenth day of August, 2018. ......................................................................... ....................................................... WILLIAM G. MATSON, ACTING CITY CLERK VINCE KERRIO, ACTING MAYOR First Reading: August 14, 2018 Second Reading: August 14, 2018 Third Reading: August 14, 2018 S:\ZONING\AMS\2018\By-laws\Byam010.docx Page 594 of 623 MCLEOD RD ANN STRICHMONDCRWATERSAV JUBILEE DRSHARON AV¹ AM-2018-010 K:\GIS_Requests\ProTemplates\ZoningSchedules\ZoningSchedules.aprx Assessment #: Applicant: Description: Subject Lands: 272508001207090, 272508001207080 Tom Vattovaz Amending Zoning By-law No. 79-200 LT 79 PL 193 STAMFORD; LT 80 PL 193 STAMFORD; NIAGARA FALLS SCHEDULE 1 TO BY-LAW NO. 2018- 7/19/2018 1068 R5A 36.6m30.5m36.6m30.5m Page 595 of 623 CITY OF NIAGARA FALLS By-law No. 2018- A by-law to amend By-law Nos. 1538 and 79-200, to allow an increase in the building height for the proposed hospital and to protect a Provincially Significant Wetland on the Lands (AM-2018-017). 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. None of the provisions of By-law No. 1538 shall apply to prevent the Lands from being added to and placed under the control of By-law No. 79-200. 3. The Lands shall be identified as two parcels, known as Parcels I-1075 and EPA. 4. 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. 5. 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. 6. The permitted uses shall be: (a) For Parcel I-1075, the uses permitted in an I zone (b) For Parcel EPA, the uses permitted in an EPA zone 7. The regulations governing the permitted uses on Parcel I-1075 shall be: (a) Maximum height of a building or structure 28 metres (b) The balance of the regulations specified for an I use 8. The regulations governing the permitted uses on Parcel EPA shall be the regulations for an EPA use. 9. All other applicable regulations set out in By-law No. 79-200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 10. No person shall use the Lands for a use that is not a permitted use. 11. No person shall use the Lands in a manner that is contrary to the regulations. Page 596 of 623 2 12. The provisions of this by-law shall be shown on Sheets B7 and B8 of Schedule “A” of By-law No. 79-200 by designating the Lands I and numbered 1075, in part, and EPA, in part. 13. Section 19 of By-law No. 79-200 is amended by adding thereto: 19.1.1075 Refer to By-law No. 2018-___. Passed this fourteenth day of August, 2018. ...................................................................... ……………………………………….. WILLIAM G. MATSON, ACTING CITY CLERK VINCE KERRIO, ACTING MAYOR First Reading: August 14, 2018 Second Reading: August 14, 2018 Third Reading: August 14, 2018 S:\ZONING\AMS\2018\By-laws\Byam017.docx Page 597 of 623 Page 598 of 623 CITY OF NIAGARA FALLS By-law No. 2018 - A by-law to designate Lot 135, Plan 226, to be deemed not to be within a registered plan of subdivision (DB-2018-003). WHEREAS subsection 50(4) of the Planning Act, R.S.O.1990, provides that the council of a local municipality may by by-law, designate any plan of subdivision, or part thereof, that has been registered for eight years or more, to be deemed not to be a registered plan of subdivision for the purpose of subsection 50(3) of the Planning Act, R.S.O.1990; AND WHEREAS the said land is within a plan of subdivision registered in 1959; AND WHEREAS to facilitate the legal merger of the said land to allow it to be developed as one parcel, the passing of a by-law as provided in subsection 50(4) is necessary; AND WHEREAS the Council of the Corporation of the City of Niagara Falls, in the Regional Municipality of Niagara deems it expedient to designate the said land to be deemed not to be within a registered plan of subdivision as provided in said subsection 50(4). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACT AS FOLLOWS: 1. Lot 135, Plan 226, in the City of Niagara Falls, in the Regional Municipality of Niagara, shall be deemed not to be within a registered plan of subdivision for the purpose of subsection 50(3) of the Planning Act, R.S.O.1990. Passed this fourteenth day of August, 2018. ......................................................................... ....................................................... WILLIAM G. MATSON, ACTING CITY CLERK VINCE KERRIO, ACTING MAYOR First Reading: August 14, 2018 Second Reading: August 14, 2018 Third Reading: August 14, 2018 S:\DEEMING BY-LAW\DB-2018-003, Hawkins Street\Deeming By-law.docx Page 599 of 623 CITY OF NIAGARA FALLS By-law No. 2018 - A by-law to designate Lots 79 and 80, Plan 193, to be deemed not to be within a registered plan of subdivision (DB-2018-004). WHEREAS subsection 50(4) of the Planning Act, R.S.O.1990, provides that the council of a local municipality may by by-law, designate any plan of subdivision, or part thereof, that has been registered for eight years or more, to be deemed not to be a registered plan of subdivision for the purpose of subsection 50(3) of the Planning Act, R.S.O.1990; AND WHEREAS the said land is within a plan of subdivision registered in 1955; AND WHEREAS to facilitate the legal merger of the said land to allow it to be developed as one parcel, the passing of a by-law as provided in subsection 50(4) is necessary; AND WHEREAS the Council of the Corporation of the City of Niagara Falls, in the Regional Municipality of Niagara deems it expedient to designate the said land to be deemed not to be within a registered plan of subdivision as provided in said subsection 50(4). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACT AS FOLLOWS: 1. Lots 79 and 80, Plan 193, in the City of Niagara Falls, in the Regional Municipality of Niagara, shall be deemed not to b e within a registered plan of subdivision for the purpose of subsection 50(3) of the Planning Act, R.S.O.1990. Passed this fourteenth day of August, 2018. ......................................................................... ....................................................... WILLIAM G. MATSON, ACTING CITY CLERK VINCE KERRIO, ACTING MAYOR First Reading: August 14, 2018 Second Reading: August 14, 2018 Third Reading: August 14, 2018 S:\DEEMING BY-LAW\DB-2018-004, McLeod Rd west of Sharon Av\Deeming By-law.docx Page 600 of 623 CITY OF NIAGARA FALLS By-law No. 2018 - A by-law to designate Lots 142, 143, 144, and Part Lot 145, Plan 1002, to be deemed not to be within a registered plan of subdivision (DB-2018-005). WHEREAS subsection 50(4) of the Planning Act, R.S.O.1990, provides that the council of a local municipality may by by-law, designate any plan of subdivision, or part thereof, that has been registered for eight years or more, to be deemed not to be a registered plan of subdivision for the purpose of subsection 50(3) of the Planning Act, R.S.O.1990; AND WHEREAS the said land is within a plan of subdivision registered in 1901; AND WHEREAS to facilitate the legal merger of the said land to allow it to be developed as one parcel, the passing of a by-law as provided in subsection 50(4) is necessary; AND WHEREAS the Council of the Corporation of the City of Niagara Falls, in the Regional Municipality of Niagara deems it expedient to designate the said land to be deemed not to be within a registered plan of subdivision as provided in said subsection 50(4). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACT AS FOLLOWS: 1. Lots 142, 143, 144, and Part Lot 145, Plan 1002, in the City of Niagara Falls, in the Regional Municipality of Niagara, shall be deemed not to be within a registered plan of subdivision for the purpose of subsection 50(3) of the Planning Act, R.S.O.1990. Passed this fourteenth day of August, 2018. ......................................................................... ....................................................... WILLIAM G. MATSON, ACTING CITY CLERK VINCE KERRIO, ACTING MAYOR First Reading: August 14, 2018 Second Reading: August 14, 2018 Third Reading: August 14, 2018 S:\DEEMING BY-LAW\DB-2018-005, Victoria Ave\Deeming By-law.docx Page 601 of 623 CITY OF NIAGARA FALLS By-law No.2018 — A by—|awto authorize the execution of an Agreement with Niagara Falls Canada Hotel Association Inc,respecting the funds generated by the Transient Accommodation Tax. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1.An Agreement dated January “I,2019,and made between The Corporation of the City of Niagara Falls as City,and Niagara Falls Canada Hotel Association Inc.as Association,respecting the collection,administration and distribution of the funds generated by the Transient Accommodation Tax,as attached hereto,is hereby approved and authorized. 2.The Mayor and Acting City Clerk are hereby authorized to execute the said Agreement, 3.The Acting City Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Agreement. Passed this fourteenth day of August,2018. WILLIAM G,MATSON,ACTING CITY CLERK JAMES M.DIODATI,MAYOR First Reading:August 14,2018. Second Reading:August 14,2018. Third Reading:August 14,2018. Page 602 of 623 THIS AGREEMENT made this 15‘day of January,2019. B E T W E E N: THE CORPORATION OF THE CITY OF NIAGARA FALLS Hereinafter referred to as the “City" —and- NIAGARA FALLS CANADA HOTEL ASSOCIATION INC. Hereinafter referred to as the “Association” WHEREAS The Corporation of the City of Niagara Falls (the “City”)has implemented Transient Accommodation Tax calculated at a rate of TWO DOLLARS ($2.00)per night of occupancy of transient accommodation; AND WHEREAS the Niagara Falls Canada Hotel Association Inc.(the “Association”)is a non—profitcorporation created for the express purpose of promoting the City of Niagara Falls,Ontario,as a tourism destination by inter alia,collecting and distributing a Transient Accommodation Tax within the City of Niagara Falls,Ontario; AND WHEREAS the members of the Association consist exclusively of the proprietors of hotels and motels located within the City of Niagara Falls,Ontario; AND WHEREAS the members of the Association have a proven track record of operating,and continue to operate,successful tourism oriented transient accommodation and,thus,have expertise and incentive to prudently administer the funds generated by the Transient Accommodation Tax; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants and agreements herein contained and subject to the terms and conditions in this Agreement,the parties hereto agree as follows: 1.Definitions 1.1 For purposes of this Agreement: 1.1.1 “Bank Account”shall mean an account maintained by the City with the City's banker dedicated exclusively to receiving and disbursing the Funds; 1.1.2 “City Treasurer”shall mean the Director of Finance for the City for the purpose of exercising any of the powers or duties of the City Treasurer under this Agreement and shall include any employee of the City authorized by the City Treasurer to exercise any such powers or duties; 1.1.3 “Fee"shall mean Five Percent (5%)ofthe Funds; Page 603 of 623 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2 1.1.4 “Funds"shall mean the monies collected by means of the Tax,including all penalties and interest; 1.1.5 “Tax”shall mean the Transient AccommodationTax;and “Transient Accommodation Tax”shall mean a Transient Accommodation Tax implemented pursuant to s.400.1 of the Municipal Act,2001,as amended,and any applicable regulations promulgated pursuant to that Act. 1.1.6 Terms and Conditions The City will collect the Funds by imposing and administering the Tax. The City will place the Funds in the Bank Account. Interest earned on the Bank Account shall become a part of the Funds. Any penalties collected by the City in the course of administering and collecting the Tax shall become a part of the Fund. The City shall charge the Fee and pay the Fee to itself on the last day of each calendar month that the Tax is in effect. The City shall provide the Association with a monthly accounting of the levying and collection of the Fee on or before the 10"‘business day of each calendar month that the Tax is in effect. The City shall distribute the Funds along with the accounting described in subsection 2.6,by forwarding to the Association the Funds collected during that month,less the Fee. The Funds provided to the Association shall be used to promote the City as a tourist destination. When administering and distributing the Funds,the Association shall act reasonably and rely upon its own expertise and the expertise of any consultants it deems advisable to retain,to advise it. The Association shall assist the City in the collection of the Tax including,without limiting the generality of the foregoing,the preparation of estimates of occupancy for the purpose of imposing billings upon operators of establishments that are subject to the Tax,but aredeclining or refusing to remit payment of the Tax or the correct amount of the Tax to the City. The Association shall be entitled to charge the City a reasonable fee for the assistance described in subsection 2.10. The Association shall provide the City with audited financial statements on or before the 90"‘day following the year end of the Association. Page 604 of 623 3.7 4 Notwithstanding the foregoing sections 3.1 through 3.6 of this Agreement,the parties agree that there shall be no entitlement to give notice of termination within five (5)years of the date of this Agreement. Resolution of Disputes 3.8 3.9 Disputes regarding the administration and application of this Agreement shall be resolved through informal negotiation,if at all possible. Any difference which may arise under this Agreement,either as to its interpretation or respecting the carrying out of this Agreement according to its true intent and meaning,may,if it cannot be amicably resolved by the parties after negotiation in good faith,be referred to arbitration and either party shall be entitled to request such arbitration.Any request for arbitration shall be made by notice from one party (the “Requesting Party")to the other (the “Receiving Party").Both the Requesting Party and the Receiving Party shall,within ten (10) days of delivery of the request for arbitration,appoint one (1)arbitrator and within a further ten (10)days of the appointment of the second arbitrator,such arbitrators shall jointly select a third arbitrator who shall serve as chair.in the event either party fails to appoint an arbitrator in accordance with the foregoing, the arbitrator appointed by the other party shall serve as the sole arbitrator.In the event that the two (2)arbitrators fail to select a third arbitrator in accordance with the foregoing,either party may apply to a judge of the Ontario Superior Court of Justice for the appointment of a third arbitrator pursuant to the provisions of the Arbitration Act,1991,8.0.1991,Chapter 17,as amended from time to time (the “Arbitration Act").The arbitrators appointed pursuant to this subsection will be deemed to be arbitrators with the meaning of the Arbitration Act,and the provisions of the ArbitrationAct,as amended or replaced from time to time,will apply to the arbitration.The parties agree that the submission of any disputes to arbitration pursuant to this subsection and the making of an award in respect of those disputes,shall be a condition precedent to commencing or bringing any legal proceedings by either party in respect of the matters to be submitted to arbitration.The decision of the sole arbitrator (if a one member arbitration panel)or of two (2)arbitrators (if a three member arbitration panel) shall be final and binding on each of the parties.In any arbitration proceeding, each party shall pay its own costs and half the other costs of and incidental to such arbitration.It is understood that when a matter is left to the discretion or option of one (1)of the parties,such matters shall not be matters which are subject to arbitration. Review of Agreement The terms of this Agreement shall be reviewed by the parties on the fifth (5“‘) anniversary of the date of the Agreement and thereafter on or before each third anniversary of the date of the Agreement thereafter. Page 605 of 623 Confidentiality Any confidential business information of a member received by the parties specifically through Tax procedures shall be kept confidential by the parties and shail be used only for the purposes ofthis Agreement. Notices Any notice,payment or other communication required or permitted to be given under this Agreement shall be in writing and shall be sufficiently given if delivered in person or by mailing by prepaid registered post,or by e-mail.All such notices shall be deemed to have been delivered to and received by the addressee:(a)on the date of receipt if delivered in person or by prepaid registered post;or (b) received on the date of its transmission,if delivered by e—mail,provided that if such day is not a business day or if it is received after the end of normal business hours on the date of its transmission then it shall be deemed to have been given and received at the opening of business in the office of the addressee on the first business day next following the transmission thereof if delivered by e-mail. To the City at: The Corporation of the City of Niagara Falls 4310 Queen Street P.O.Box 1023 Niagara Falls,ON L2E 6X5 Attention:City Treasurer Telephone:(905)356-7521 E-mail:finance@niagarafa||s.ca and to the Association at: Niagara Falls Canada Hotel Association Inc. 6546 Fallsview Boulevard Niagara Falls,ON L2G 3W2 Attention:Mr.A.Douglas Birreil Telephone:(905)358-4684 E—mai|:Birrell@over|ookingthefa|ls.com or to such other address of which any party may give notice as hereinbefore provided. Governing Law This Agreement shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. Severability,Remedies,Waiver Page 606 of 623 8.1 6 In the event that any one or more provisions contained in this Agreement shall be held by a court of competentjurisdiction to be invalid,illegal or unenforceable in any respect,the validity,legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby.The remedies contained herein are cumulative and in addition to any other remedies at law or equity.Failure to enforce,or waiver of a breach of,any provision contained herein shall not constitute a waiver of any other breach of such provision. Entire Agreement This is the complete and exclusive statement of the contract between the parties and this Agreement replaces and supersedes any other agreement among the parties with respect to the subject matter hereof.No waiver,consent, modification,amendment or change of the terms contained herein shall be binding unless in writing and signed by all parties hereto.In case of a conflict between the terms and conditions on the face of this document and the terms and conditions contained on any invoice or other documents,the terms and conditions of this Agreement shall control. IN WITNESS WHEREOF the parties hereto have hereunto executed this Agreement. THE CORPORATION OF THE CITY OF NIAGARA FALLS Per:____________._____._ James M.Dioolati,Mayor William G.Matson,Acting City Clerk NIAGARA FALLS CANADA HOTEL ASSOCIATI . J Chris Mason,Chair 1’ Jim/Graham,Vice-Chair lIWe have authority to bind the Corporation Page 607 of 623 CITY OF NIAGARA FALLS By-law No. 2018 – A by-law to establish a Municipal Accommodation Tax. WHEREAS The Corporation of the City of Niagara Falls may, by by-law, impose a tax in respect of the purchase of transient accommodation in the municipality, in accordance with Part XII.1 of the Municipal Act, 2001, S.O. 2001 c. 25, as amended, and the Transient Accommodation Tax Regulation O. Reg. 435/17; AND WHEREAS at its meeting of April 24, 2018, Council approved the establishment of a Transient Accommodation Tax to be imposed on the purchase of short -term accommodations within the City of Niagara Falls; AND WHEREAS the revenue to be generated by the Transient Accommodation Tax is to be shared with a non-profit entity for the promotion of the City of Niagara Falls as a tourism destination; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Application of Tax 1.1 A purchaser shall, at the time of purchasing transient accommodation, being accommodation for a continuous period of less than thirty (30) nights in a hotel, motel, inn or resort, pay a Municipal Accommodation Tax in the amount of Two Dollars ($2.00) for each day, or part of a day, of the term of the license granted to the purchaser of such accommodations. 1.2 A provider of transient accommodation, being accommodation for a continuous period of less than thirty (30) nights in a hotel, motel, inn or resort, shall include on every invoice or receipt for the purchase of short-term accommodation, a separate item for the amount of the Municipal Accommodation Tax imposed on the purchase. 1.3 The amount of the tax entered pursuant to section 1.2 shall be identified as t he Municipal Accommodation Tax on the invoice or receipt, as the case may be. 2. Exemptions 2.1 Municipal Accommodation Tax imposed by subsection 1.1 does not apply to: a. the Crown, every agency of the Crown in right of Ontario, and every authority, board, commission, corporation, office, organization of persons a majority of whose directors, members or officers are appointed or chosen by or under the authority of new Lt. Gov. in Council or a member of the Executive Council; Page 608 of 623 2 b. every board as defined in subsection 1(1) of the Education Act, R.S.O. 1990, c. E.2; c. every university in Ontario and every college of applied arts and technology and postsecondary institution in Ontario, whether or not affiliated with the university, the enrolments of which are counted for the purposes of calculating annual operating grant entitlements from the Crown on accommodations provided to students while a student is registered and attending the institution; d. every hospital referred to in the list of hospitals and their grades and classifications maintained by the Minister of Health and Long-Term Care under the Public Hospitals Act, R.S.O. 1990, c. P.40, and every private hospital under the authority license issued under the Private Hospitals Act, R.S.O. 1990, c. P.24; e. every long-term care home as defined in subsection 2(1) of the Long-Term Care Homes Act, 2007, S.O. 2007, c. 8, retirement home, and hospice; f. every treatment center that receives provincial aid under the Ministry of Community and Social Services Act, R.S.O. 1990, c. M.20; g. every house of refuge, or watching for the reformation of offenders; h. every charitable, non-profit philanthropic corporation organized as shelters for the relief of the poor or for emergency; i. every tent or trailer site supplied by a campground, tourist or trailer park; j. every accommodation supplied by employers to their employees in the premises operated by the employer; and k. every hospitality room in an establishment that does not contain a bed and is used for displaying merchandise, holding meetings, or entertaining. 3. Tax Collected by Service Provider 3.1 Providers of transient accommodation shall include on every invoice or receipt for the purchase of transient accommodation, a separate item identified as "Municipal Accommodation Tax” setting out the amount of Municipal Accommodation Tax imposed on the purchase. 3.2 Providers of transient accommodation shall collect the Municipal Accommodation Tax from the purchaser at the time the transient accommodations are purchased. 3.3 The Municipal Accommodation Tax collected by providers of transient accommodation shall be remitted to the Treasurer of the City of Niagara Falls, or their designate, on the last day of each month by electronic transfer. Page 609 of 623 3 3.4 Each provider of transient accommodation that remitted the Municipal Accommodation Tax shall forward to the Treasurer of the City of Niagara Falls, or their designate, a completed Remittance Form by e-mail addressed to finance@niagarafalls.ca. 4. Penalties and Interest 4.1 Penalties and interest at the rate applicable to overdue property taxes shall be payable by the providers of transient accommodation on the non-payment of the full amount of the Municipal Accommodation Tax by the due date set out in the notice, and interest may be added on the first day of default and on each month thereafter in which the default continues. 5. Liens 5.1 All Municipal Accommodation Tax penalties and interest that are past due shall be deemed by the City Treasurer to be in arrears, and shall be transferred to the tax collectors’ roll of the City to be collected in the same manner as municipal property taxes and shall constitute a lien upon the lands. 6. Audit and Inspection 6.1 Every transient accommodation service provider shall keep books of account, records, and documents sufficient to furnish the City and its designated tax collectors with the necessary particulars of sales of accommodation, amount of levy collected and remittance. 6.2 The City’s Treasurer and their designate, may inspect and audit all books, documents, transactions and accounts of transient accommodation providers and require transient accommodation providers to produce copies of any documents or records within a reasonable time required for the purposes of administering and enforcing this by-law, as required. 7. Offence and Penalties 7.1 Every person who contravenes any provision of this by-law is guilty of an offence as provided for in subsection 429(1) of the Municipal Act, 2001, and all such offences are designated as continuing offences as provided for in subsection 429(2)(a) of the Municipal Act, 2001. 7.2 A person who is convicted of an offence under this by-law is liable, to a minimum fine of $500.00 and a maximum fine of $100,000 as provided for in subsection 429(3), paragraph 1 of the Municipal Act, 2001. 7.3 A person who is convicted of an offence under this by-law is liable, for each day or part of a day that the offence continues, to a minimum fine of $500.00 and a maximum fine of $10,000.00 and the total of all of the daily fines for the offence is Page 610 of 623 4 not limited to $100,000, as provided for in subsection 429(3) paragraph 2 of the Municipal Act, 2001. 7.4 When a person has been convicted of an offence under this by-law, the Superior Court of Justice or any court of competent jurisdiction thereafter may, in addi tion to any penalty imposed on the person convicted, issue an order: a. prohibiting the continuation or repetition of the offence by the person convicted; and b. requiring the person convicted to correct the contravention in the manner and within the period that the court considers appropriate. 8. Effective Date 8.1 This by-law shall come into force and take effect on January 1, 2019. Passed this fourteenth day of August, 2018. ......................................................................... ................................................... WILLIAM G. MATSON, ACTING CITY CLERK JAMES M. DIODATI, MAYOR First Reading: August 14, 2018. Second Reading: August 14, 2018. Third Reading: August 14, 2018. Page 611 of 623 CITY OF NIAGARA FALLS By-law No. 2018 - A by-law to designate Lots 60, 61, 62, 63, 64, 65 and 68, Registered Plan 59M-447, not be subject to part lot control (PLC-2018-003). 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 By-law No. 79-200, as amended by By- law No. 2006-205 to permit semi-detached dwellings; AND WHEREAS the owner of the said lands proposes to divide Lots 60, 61, 62, 63, 64, 65 and 68 into 14 parcels to be sold separately; and AND WHEREAS the Council of The Corporation of the City of Niagara Falls deems it expedient to designate that the said lands not 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 60, 61, 62, 63, 64, 65 and 68, Registered Plan 59M-447, in the City of Niagara Falls, in the Regional Municipality of Niagara. 2. This by-law shall remain in full force and in 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 fourteenth day of August, 2018. .......................................................................... ....................................................... WILLIAM G. MATSON, ACTING CITY CLERK VINCE KERRIO, ACTING MAYOR First Reading: August 14, 2018 Second Reading: August 14, 2018 Third Reading: August 14, 2018 S:\PART LOT CONTROL\2018\PLC-003\PLC-2018-003 By-law.docx Page 612 of 623 CITY OF NIAGARA FALLS By-law No. 2018 A by-law to authorize the execution of an Agreement with Niagara Region, for the collection of U-Pass Fees from the Brock University Students Union on behalf of The City of Niagara Falls, Transit Services. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1.Niagara Region is party to an agreement dated September 1, 2018 inter alia, for the remittance of fees to Niagara Region on account of the use by Brock University students a U-Pass on Niagara Falls Transit buses for the term of that agreement, being September 1, 2018 to April 30, 2019 2.The Mayor and Acting City Clerk are hereby authorized to execute the said Amendment of Licence Agreement. 3.The Acting City Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Amendment of Licence Agreement. Passed this _____________ day of August, 2018. ................................................................................................................................ BILL MATSON, ACTING CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: Page 613 of 623 CITY OF NIAGARA FALLS By-law No. 2018 - A by-law to authorize the payment of $26,296,569.14 for 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 from June 28, 2018 to July 25, 2018. Passed this fourteenth day of August, 2018 ..................................................... .......................................................... WILLIAM G. MATSON, JAMES M. DIODATI, ACTING CITY CLERK MAYOR First Reading: August 14, 2018 Second Reading: August 14, 2018 Third Reading: August 14, 2018 Page 614 of 623 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 Schedule AC” and that Schedule “C” attached hereto shall be inserted in lieu thereof. Passed this 14th day of August, 2018. ............................................................... ........................................................... WILLIAM G. MATSON, ACTING CITY CLERK VINCE KERRIO, ACTING MAYOR First Reading: August 14, 2018. Second Reading: August 14, 2018. Third Reading: August 14, 2018. Page 615 of 623 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 Coady MacIsaac John MacLeod Robert Mascia Krista McGowan Philip Rudachuk Chris Russell James Walker Page 616 of 623 CITY OF NIAGARA FALLS By-law No. 2018 - A by-law to designate Lots 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, and 37, Registered Plan 59M-447, not be subject to part-lot control (PLC-2018-004). 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 By-law No. 79-200, as amended by By-law Nos. 2006-205 & 2017-137 to permit semi-detached dwellings; AND WHEREAS the owner of the said lands proposes to divide Lots 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, and 37 into 22 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 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 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, and 37, Registered Plan 59M-447, 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 fourteenth day of August, 2018. .......................................................................... ................................................... WILLIAM G. MATSON, ACTING CITY CLERK VINCE KERRIO, ACTING MAYOR First Reading: August 14, 2018 Second Reading: August 14, 2018 Third Reading: August 14, 2018 S:\PART LOT CONTROL\2018\PLC-004\PLC-2018-004 By-law.docx Page 617 of 623 CITY OF NIAGARA FALLS By-law No. 2018- A by-law to amend By-law No. 2018-34 to remove the holding symbol (H) on the Lands on the southeast corner of Willoughby Drive and Weinbrenner Road, to permit the use of the Lands for uses permitted under the site specific R4-1060 zone. (AM-2017-021) WHEREAS By-law No. 2018-34 includes land use holding prohibitions that have the effect of zoning the Lands R4(H)-1060; AND WHEREAS 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; AND WHEREAS the purpose of this by-law is to remove the land use holding prohibitions set out in By-law No. 2018-34 on the Lands, to have the effect of zoning the Lands R4-1060; AND WHEREAS the purpose of this by-law is to amend By-law No. 2018-34 such that the provisions of By-law No. 2018-34 concerning the permitted uses and governing regulations for the Lands will be of full force and effect from the date of this by-law; AND WHEREAS the Council of the City of Niagara Falls is satisfied that the purpose of the holding provisions of By-law No. 2018-34 has been achieved and that the condition required for the removal of the holding provisions of By-law No. 2018-34 has been fulfilled; AND WHEREAS it is and has always been the intent of the Council of the City of Niagara Falls that the holding provisions of By-law No. 2018-34 would be removed and the permitted uses and regulations set out in the by-law would be implemented once the condition set out in By-law No. 2018-34 had been fulfilled; AND WHEREAS the Council of the City of Niagara Falls is proceeding in accordance with subsection 36 (4) of the Planning Act, R.S.O. 1990, c. P.13. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The holding provisions of By-law No. 2018-34 are hereby declared to be of no force and effect on the Lands. 2. The holding symbol (H) is hereby removed from the zoning designation of the Lands. 3. The balance of By-law No. 2018-34 is hereby declared to be in full force and effect on the Lands. Passed this fourteenth day of August, 2018. ......................................................................... ....................................................... WILLIAM G. MATSON, ACTING CITY CLERK VINCE KERRIO, ACTING MAYOR First Reading: August 14, 2018 Second Reading: August 14, 2018 Third Reading: August 14, 2018 S:\ZONING\AMS\2017\By-laws\Byam021b.docx Page 618 of 623 Page 619 of 623 CITY OF NIAGARA FALLS By-law No. 2018- A by-law to amend By-law No. 79-200 to add a crematorium, and a funeral establishment to the list of permitted uses on the Lands (AM-2018-015). 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 purpose of this by-law is to amend the provisions of By-law No. 79-200, to permit the use of the Lands in a manner that would otherwise be prohibited by that by-law. In the case of any conflict between a specific provision of this by -law and any existing provision of By-law No. 79-200, the provisions of this by-law are to prevail. 3. Notwithstanding any provision of By-law No. 79-200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 4. The permitted uses shall be: (a) The uses permitted in a PI-849 zone (b) Crematorium (c) Funeral establishment 5. The regulations governing the permitted uses shall be: (a) Minimum building size for a funeral establishment and a crematorium 200 square metres (b) Parking for a funeral establishment and crematorium may be provided in the front yard (c) The balance of regulations specified for a PI-849 use 6. For the purpose of this by-law: “crematorium” means a building that is fitted with appliances for the purpose of cremating human remains and that has been approved as a crematorium or established as a crematorium in accordance with the requirements of the Funeral, Burial and Cremation Services Act, or a predecessor of it and includes everything necessarily incidental and ancillary to that purpose; Page 620 of 623 2 “funeral establishment” means premises established for the purpose of temporarily placing dead human bodies, and in prescribed circumstances cremated human remains, so that persons may attend and pay their respects. 7. 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. 8. No person shall use the Lands for a use that is not a permitted use. 9. No person shall use the Lands in a manner that is contrary to the regulations. 10. The provisions of this by-law shall be shown on Sheets B6 and B7 of Schedule “A” of By-law No. 79-200 by further numbering the Lands currently designated PI and number 849 to include 1073. 11. Section 19 of By-law No. 79-200 is amended by adding thereto: 19.1.1073 Refer to By-law No. 2018-___. Passed this fourteenth day of August, 2018. ...................................................................... ……………………….………………. WILLIAM G. MATSON, ACTING CITY CLERK VINCE KERRIO, ACTING MAYOR First Reading: August 14, 2018 Second Reading: August 14, 2018 Third Reading: August 14, 2018 S:\ZONING\AMS\2018\By-laws\Byam015.docx Page 621 of 623 SCHEDULE 1 TO BY-LAW NO.2018- Subject Lands: MONTROSE RD)JV\HJESVZHENEEHO - _L _7 —— CH\PPAWAcaefff?_ Amending Zoning By-law No.79-200 Description:PT TWP LTS 209 &210 STAMFORDBEIN RTS 11 &12,59R16028 N PT LOT 210 BEING PART 15 16 'CITY OF NIAGARA IS PART OF PIN 64263-1135 Applicant:Ruth-Ann Nieuwesteeg Assessment #:2725????1011763 yt AM-2018-015 ><-\cvs,Requesesxvmrempxaresxzmuwgsmeamesxzonmgscneaunesz aptx AMVZUIEVDIS 7/23/zm Page 622 of 623 CITY OF NIAGARA FALLS By-law No. 2018 - A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 14th day of August, 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 14th day of August, 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 fourteenth day of August, 2018. .............................................................. ............................................................. WILLIAM G. MATSON, ACTING CITY CLERK VINCE KERRIO, ACTING MAYOR First Reading: August 14, 2018 Second Reading: August 14, 2018 Third Reading: August 14, 2018 Page 623 of 623