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2007/07/23COUNCIL MEETING Monday, July 23, 2007 Order of Business and Agenda Package PRAYER: Councillor Kerrio ADOPTION OF MINUTES: Council Minutes of July 9, 2007 Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. DEPUTATIONS/ PRESENTATIONS Heritage Designation Welland Canals Regional Councillor Bruce Timms will make a presentation to Council regarding a National Heritage Designation for the Welland Canals. Public Meeting AM- 12/2007, Zoning By -law Amendment Application 8278 Thorold Stone Road, 4043 Kalar Road Applicant: Anthony Vacca Incorporation of Additional Lands to Provide Additional Parking, Office and Storage Background Material: Recommendation Report: PD- 2007 -63 COUNCIL MEETING July 23, 2007 DISCLOSURES OF PECUNIARY INTEREST PLANNING MATTERS PUBLIC MEETINGS -and- Correspondence from Regional Niagara Planning Development Correspondence from Joe Stracuzzi Correspondence from George Cindy Skelding Correspondence from Darlene Ingram Petition signed by 22 area residents Public Meeting AM- 17/2007, Zoning By -law Amendment Application 6182 Dixon Street Applicant: 2017480 Ontario Inc. Proposed Health Centre (Martial Arts Studio) within an Existing Commercial Building Background Material: Recommendation Report: PD- 2007 -58 -and- Correspondence from Regional Niagara Planning Development Correspondence from Regional Niagara Public Works Department Petition signed by 11 area residents Public Meeting Official Plan Amendment 2007 Minimum Distance Separation Formulae (MDS) Planning Document Updates Background Material: Recommendation Report: PD- 2007 -49 Public Meeting 26CD -11- 2007 -01, Draft Plan of Condominium 6167, 6175 6181 Dorchester Road, Dorchester Road (West Side), South of Crescent Road; Owners: 1251549 Ontario Limited 623381 Ontario Limited Background Material: Recommendation Report: PD- 2007 -64 2 1. Chief Administrative Officer PD- 2007 -59 Matters Arising from the Municipal Heritage Committee -and Correspondence from Sullivan Mahoney 3 MISCELLANEOUS PLANNING MATTERS CLERK'S MATTERS 1. Chief Administrative Officer CD- 2007 -16 Application for Compliance Audit -and Deputation by Bernadette Secco MAYOR'S REPORTS, ANNOUNCEMENTS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Scouts Canada Request to raise the "100 Years of Scouting" flag above the City of Niagara Falls on August 1, 2007. RECOMMENDATION: For the Approval of Council Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. 4 REPORTS RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS (Councillor Pietrangelo, Chair) RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS (Councillor loannoni, Chair) RATIFICATION OF "IN CAMERA" ACTIONS CONSENT AGENDA THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN, A COUNCILLOR MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. L- 2007 -33 Consent to Assignment of Lease of Sophia Street Road Allowance MW- 2007 -85 Update on Garner Southwest and the addition of Two Watermains to the Project, including the Approval of Consultant Fees PD- 2007 -60 AM- 38/2004 AM- 19/2006, Official Plan Zoning By -law Amendment Application between the Welland River Biggar Road from Montrose Road to West of Morris Road; Applicant: Grand Niagara Resort; Agent: Carl Brawley, Glen Schnarr and Associates R- 2007 -19 Arena Complex Development Project: Revised Agreement Between the Architects and the City of Niagara Falls R- 2007 -20 2007 Sports Wall of Fame Inductees MW- 2007 -94 Tender 2007 187 -07 Bond /Locus /Edward Watermain Replacement (HANDOUT) 5 RESOLUTIONS 1. 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 Official Plan and Zoning By -Law for application numbers AM- 38/2004 and AM- 19/2006 (Grand Niagara Resort Inc.) regarding an expansion to the golf course and the resort block area and the development of a lifestyle residential community is minor in nature and does not require any further notice. BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2007 -147 2007 -148 2007 -149 A by -law to authorize the execution of an Encroachment Agreement with Hana America Corporation, for the purpose of permitting an encroachment onto the Allendale Avenue road allowance A by -law to authorize the execution of a Subdivision Agreement with 727604 Ontario Limited and 464404 Ontario Limited respecting Miller Road Estates Subdivision, subject to all conditions of the Agreement being met to the satisfaction of the Director of Planning and Development. A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Stopping Prohibited, Parking Prohibited, Parking Meter Zones, Stop Signs At Railway Crossings, Parking Meter Exemptions, Heavy Vehicle Restrictions) (Hunter /Kitchener St.) 2007 -150 A by -law to amend By -law Nos. 79 -200 and 2002 -113, to permit the development of a townhouse dwelling on the west side of Kalar Road (AM- 11/2007) 2007 -151 A by -law to amend By -law Nos. 79 -200 and 2006 -93 to permit the construction of a 7- storey hotel (AM- 09/2007) 2007 -152 A by -law to amend By -law No. 79 -200, to permit a gasoline bar and a retail store (AM- 13/2007) 2007 -153 A by -law to amend By -law No. 79 -200, to permit an assembly hall and accessory buildings and accessory structures (AM- 37/2006) 2007 -154 A by -law to provide for the adoption of an amendment to the City of Niagara Falls Official Plan(AM- 16/2007) 6 2007 -155 A by -law to amend By -law No. 79 -200, to replace the Minimum Distance Separation Formulae regulations and add several definitions (AM- 16/2007) 2007 -156 A by -law to amend By -law No. 1538 (1958), to add regulations and definitions regarding the use of the Minimum Distance Separation Formulae (AM- 16/2007) 2007 -157 A by -law to amend By -law No. 395, 1966, to add regulations and definitions regarding the use of the Minimum Distance Separation Formulae (AM- 16/2007) 2007 -158 A by -law to amend By -law No. 70 -69 to add regulations and definitions regarding the use of the Minimum Distance Separation Formulae (AM- 16/2007) 2007 -159 2007 -160 A by -law to authorize the execution of an Agreement with Dr. Fiona Halliday dated July 13, 2007, respecting achieving the goals of the Niagara Falls Health Professional Recruitment and Retention Task Force to recruit and retain qualified physicians for the City A by -law to regulate the supply of water and to provide for the maintenance and management of the waterworks and for the imposition and collection of rates for the use of water and water related services 2007 -161 A by -law to amend By -law Nos. 1538, 1958 and 79 -200, to permit the expansion of an existing golf course and resort facilities thereon, and to permit the development of lifestyle residential development and to repeal By- law No. 2001 -157 (AM- 19/2006 AM- 38/2004) 2007 -162 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 23r day of July, 2007 NEW BUSINESS Dean Iorfida Request for Council Presentation From: "Gouthro, Melody" melody. gouthro @regional.niagara.on.ca> To: <diorfida @niagarafalls.ca> Date: 7/10/2007 11:44 AM Subject: Request for Council Presentation July 10, 2007 Mr. Dean Iorfida Clerk City of Niagara Falls Mr. Iorfida: Regional Councillor Bruce Timms wishes to make a presentation to Niagara Falls Council regarding a National Heritage Designation for the Welland Canals. He will be bringing a CD with him. Please reply to me, by email or phone, with the particulars. Your assistance is greatly appreciated. Regards, Melody Melody Gouthro Planning and Development Department The Regional Municipality of Niagara 2201 St. David's Road PO Box 1042 Thorold, ON L2V 417 T: 905- 984 -3630 F: 905 641 -5208 E: melody .gouthro @regional.niagara.on.ca Page 1 of 1 The Regional Municipality of Niagara Confidentiality Notice The information contained in this communication including any attachments may be confidential, is inte (s) named above, and may be legally privileged. If the reader of this message is not the intended recipien send this communication to the sender and permanently delete the original and any copy of it from your file: //C :\Documents and Settings \di202\Local Settings\ Temp\XPGrpWise \46937105Domai... 7/10/2007 The Regional Municipality of Niagara Niagara Region 2201 St. David's Road, P.O. Box 1042 NM FALLS CLERKS '0� ;�ptario L2V 4T7 Telephone: 905- 984 -3630 PLANNING AND DEVELOPMENT Fax: 905- 641 -5208 E -mail: plan @regional.niagara.on.ca June 19, 2007 Files: D.14.A.34.34 D.14.WE Mr. Dean lorfida Clerk City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mr. Iorfida: Re: National Heritage Designation for the Welland Canals Corridor I am enclosing a copy of DPD 70 -2007 dealing with the possible designation of a National Heritage Designation for the Welland Canals Corridor. At the June 14 meeting of Regional Council, Recommendations 1 and 3 in the report were approved. The topic will be discussed at an upcoming Council Business session and a decision will be made on whether or not to proceed with the project. believe the Report is self explanatory, but if you have any questions, please feel free to get in touch with me by email to george. nicholson (regional.niagara.on.ca or by telephone to 905 984 -3630, extension 3376. Yours truly, George Nicholson, MCIP, RPP Associate Director, Policy /Implementation Enclosure c: Ms. Pam Gilroy, Regional Clerk Mr. Doug Darbyson, MCIP, RPP, Director of Planning Development, City of Niagara Falls GN /Circulation of DPD 70 2007 Clerks and Planning Directors Building Community. Building Lives. PURPOSE EXECUTIVE SUMMARY REPORT TO: Co- Chairs and Members of the Planning and Public Works Committee SUBJECT: How to Achieve National Heritage Designation for the Welland Canals Corridor DPD 70 -2007 June 6, 2007 Files: D.14.A.34.34 D.14.WE RECOMMENDATIONS That this Committee recommends to Regional Council: 1. That this report be received and forwarded for consideration at Regional Council's Business Planning Strategy sessions. 2. That due to the timing and interest, staff be authorized to undertake some preliminary work on information sources and local discussions. 3. That this report be circulated for information to the local municipalities in the Region. This report responds to a Regional Council request to report on the process involved in pursuing a National Heritage Designation for the Welland Canals Corridor. There is a specific process involved in working towards 'a Heritage Designation. This involves the preparation of a Justification Report, submission of that report to the National Sites and Monuments Board of Canada Secretariat, review of the proposals by Federal representatives, a Recommendation to the Minister of Canadian Heritage, and a Conclusion regarding designation. Movement through the whole process typically takes several years. This report provides information on the various aspects of the process. FINANCIAL IMPLICATIONS DPD 70 -2007 June 6, 2007 Page 2 At the moment, the only financial implication is the staff time involved in preparing the Justification Report. If a Designation is achieved, there will be some administrative costs, primarily at the local municipal level, to implement the Plan. History of Heritage Designation REPORT The idea of a National Heritage Designation for the Welland Canals has been under consideration since at least 2004. Initially DPD 89 -2004 (July 14, 2004), attached as Appendix 1, provided background information on the topic, and after consideration of that report Regional Council, on July 22, 2004, passed the following Motion: That Report DPD 89 -2004, July 14, 2004, respecting the World Canals Conference 2004 The Welland Canals, be received and circulated for information to local municipalities, the Greater Niagara Circle Route Committee and the local MP's and MPP's for discussion on designating the Welland Canals as a National Heritage Area. Following on from the above Motion, the Greater Niagara Circle Route Committee, at its September 1, 2004 meeting, received a report dated August 11, 2004 on a "Strategy for Promoting National Heritage Area Designation for Welland Canals Corridor". The Committee supported the approach identified in that report. In 2006, several Regional Councillors and mayors of local municipalities met with representatives of the Historic Sites and Monuments Board to discuss the idea. Regional Councillor D. Bruce Timms made a presentation to the Region's Culture Committee on March 12, 2007 at which the following Motion was passed: That the Regional Culture Committee supports in principle the designation of the Welland Canals Corridor as a National Heritage Corridor. Finally Regional Councillor Timms made another presentation to the April 4, 2007 meeting of the Planning and Public Works Committee, at which the following Motion was approved. That the Motion of the Culture Committee to support in principle the designation of the Welland Canals Corridor as a National Heritage Corridor be supported, and referred to staff for a report. At Regional Council, on April 12, 2007, the following Motion was approved: DPD 70-2007 June 6, 2007 Page 3 WHEREAS Regional Council, at it's meeting of July 22, 2004, supported the recommendation of the Planning Services Committee; That Report DPD 89 -2004, July 14, 2004, respecting the World Canals Conference 2004, The Welland Canals, be received and circulated for information to local municipalities, the Greater Niagara Circle Route Committee and the local MP's and MPP's for discussion on designating the Welland Canals as a National Heritage Area; WHEREAS Regional Council supported the recommendations of Planning Services Committee to approve the recommendations of Report DPD 107 -2006, October 11, 2006 "Project Update and Future Directions: Arts, Culture and Heritage Committee, which included the following recommendations: That the Heritage focus of the Downtown and Heritage Working Group be assigned to the Culture Committee; and That the 2007 Work Plan of the Planning and Development Department include a priority objective related to providing staffing support to the Culture Committee; and WHEREAS Memorandum M.02 Hlpr of March 8 2006 "Results of Historic Places in Niagara Summit and Recommended Next Steps signed by Phil Ritchie, Chair of the Downtown and Heritage Working Group, included among other recommendations, "However, the Region has a unique role to play in providing Niagara -wide co- ordination and facilitation of cultural heritage initiatives within Niagara"; and also indicates that the Summit identified `pursuit of the designation of the Welland Canals Corridor....." as an activity for the Volunteer base with support of a staff co- ordinator, and a Medium -term Deliverable,.. "Invest in and Support Big Wins Seek federal designation for the Welland Canals Corridor" THEREFORE BE IT RESOLVED: That Regional Council support in principle that Council take a Leadership Role in collaboration with the Corridor Communities, in establishing a Welland Canals National Heritage Corridor; and That this matter be referred to staff for a report on how to proceed, to be brought to the Council Business Planning Strategy Sessions. At various stages of the process, letters of support have been received and they, along with a press account, are attached as Appendix II. A City of St. Catharines staff report, dated April 19, 2007 indicated that: The documentation required for listing and the subsequent formatting tends to be labour intensive. However, the Ministry of Culture has advised there may be opportunities to establish partnerships in this regard. Specifically on a local basis DPD 70 -2007 June 6, 2007 Page 4 the Ministry is currently discussing the feasibility of engaging Brock University students to assist local municipalities in this regard this year and possibly in future years based on the success this endeavour may have. Staff believe there is merit in this type of partnership and will explore this opportunity further in the coming months. The following report responds to Regional Council's request of April 12, 2007. Process towards Designation Essentially there is a three part process through which Designation is pursued. This process, which is diagrammatically outlined in Appendix 111 involves: a) Preparation of a Justification Report which will identify major aspects of the area and reasons why it should be designated a National Heritage Corridor. This would involve consideration of at least the following items: Identification of the heritage significance of the area, Inventory of significant heritage structures within the proposed corridor area, A significant amount of heritage resource information is available through published material. Also information is available through local municipalities and Brock University. All this, however, must be compiled and interpreted. Identification of the boundaries of the proposed Heritage Area, Identification of what is being proposed- -e.g., areas for protection and development, Implementation measures such as Official Plans and Zoning By -Laws. The criteria for National Historic Significance are attached as Appendix IV. Also, a report was prepared in 2001 which successfully resulted in the designation of the Old Town of Niagara -on- the -Lake as a Heritage District. The table of contents of that report are attached as Appendix V to indicate the scope of work that is involved. b) Submission of the above report to the Historic Sites and Monuments Board, the staff of which will review it and prepare an independent assessment; c) Submission of a Recommendation to the Minister of Canadian Heritage who will decide on the designation. A Steering Committee Although the requirements of the process do not seem to be specific with regard to the role of the community in the process, community involvement is clearly beneficial and expected. Thus, because of the specific nature of the designation to the Welland Canals, previous involvement and local municipal membership already on the Greater Niagara Circle Route Steering Committee, it is proposed to use this Committee to help develop the application possibly augmented by additional representatives The Steering Committee would oversee the preparation of the Justification report to ensure that both local municipal issues and technical heritage information is considered. The Culture Committee should be consulted during the preparation of that report. It is also proposed that a broader approach be used to contact community representatives to ensure that there is broad public support for the project. An initial public meeting followed by an opportunity to review draft reports is being recommended as a useful way to proceed. Councillor Timms has proposed that the Region hold a day -long Open House through which the public could get involved and make suggestions and this appears to be a useful means of obtaining information from stakeholders. An integral part of the process will be obtaining consensus about what is being proposed. Clearly there will have to be broad support for the. proposals. An important part of the process will be developing a consensus so that the submission can be made and supported by the local municipalities involved and by Regional Council. CONCLUSION As indicated above, there is a considerable amount of work involved before a Federal Heritage Designation can be obtained. The process is a very formal one and must be followed. However, the concept appears to have merit and would be a beneficial addition to the Region's tourism facilities as well as providing an attractive environment for the Greater Niagara Circle Route Trails in which the local and Regional municipalities have made a considerable investment. Thus the project will involve considerable staff time and effort to prepare the Justification report and obtain the necessary consensus before any submission can be made to the Historic Sites and Monuments Board. Submitted by: Corwin T. Cambray, MCIP, RPP Commissioner of Planning an elopment Approved by: Mike Trojan Chief Administrat icer DPD 70-2007 June 6, 2007 Page 5 This report was prepared by George Nicholson, MCIP, RPP, Associate Director, Policy /Implementation. APPENDICES Appendix I Appendix II Appendix III Appendix IV Appendix V DPD 89 -2004 Four letters of support and a news article about designation An outline of the three -part process through which designation is pursued The criteria for National Historic Significance Table of Contents of a 2001 report which resulted in the designation of the Old Town of Niagara -on- the -Lake as a Heritage District DPD 70 -2007 June 6, 2007 Page 6 Page 7 Page 11 Page 19 Page 20 Page 21 lze.Gc 26k-e; de-al C or PPeou e j 'as am2.d1 t DPD 89 -2004 pia Se �rG co t e July 14, 2004 Judy Files: D.14.A.34.38 D.14.WE Approved by 12lfOrcI Cou.YLC /I Jw ly 22, giO0A.P Chair and Members of the Planning Services Committee REPORT TO: SUBJECT: World Canals Conference, 2004 The Welland Canals RECOMMENDATION That this Committee recommend to Regional Council: DPD 70 2007 Appendix 1 June 6, 2007 Page 7 1. That this report be received and circulated for information to the local municipalities, the Greater Niagara Circle Route Committee and the local MP's and MPP's. fpp d IS GIL'SSI 0 o de.s fir. rk, \de, 11cta Ca: ,cds cis PURPOSE iliu�iot'wJ der This report provides information on the 2004 World Canals Conference held recently in Niagara. The Conference spotlight was on the Welland Canals. Sum BACKGROUND The 2004 World Canals Conference was held in Niagara from June 2 to 4. Public employees, canal operators and contractors, politicians and canal enthusiasts from, the United States, Canada, Britain and Europe attended. The Conference format consisted of presentations and panel discussions at Brock University during the mornings, tours along the Welland Canals in the afternoons, and dinners with guest speakers in the evenings. Four Welland Canals have been built to link Lakes Ontario and Erie and to by -pass Niagara Falls. The needs and the potential of the operating commercial Canal are very different from the historic .canals. The Conference provided opportunities to showcase both the current and the historic Welland Canals and to exchange ideas on programs to enhance canal assets. The Conference focused on the present and future of the Welland Canal and on development of historic canals- of North America and Europe for their recreational and tourism potential. This report summarizes some of the highlights of the Conference. DPD 70 -2007 Appendix 1 June 6, 2007 Page 8 Future of Welland Canal DPD 89 -2004 July 14, 2004 Page.2 Ocean vessels are increasing in size and the number of Seaway -sized ships is decreasing. As a result, there have been periodic calls to build bigger locks for the Welland Canal and the rest of the Seaway system. However, such a project could incur significant financial and environmental costs. At present, the Welland Canal is only operating at about 50% capacity and with this amount of spare capacity, it is difficult to justify a new enlarged system. Therefore, the shorter term emphasis is on attracting more shipping business to the Seaway. The Canadian and American Seaway Corporations and the major Great Lakes ports are being marketed as one integrated system, recognizing that canal and port facilities are interdependent. Water transportation is being promoted through radio, newspapers and billboards using the slogan "Highway Fi2O noting the environmental advantages of diverting freight to ships (one vessel has the same capacity as 870 trucks). For example, cross -lake ferry services could help to reduce highway congestion. The Seaway to this point has not benefited from the major worldwide growth in containerization. The concept of feeder services where containers would be transferred to smaller ships at ocean ports for transshipment to Great Lakes ports is being investigated. The Seaway systems including the Welland Canal are continually improving their operational efficiencies. The navigational season has been increased to 9 months (roughly 275 days) and studies are being undertaken to determine the feasibility of a 10 month shipping season. The possibility of increasing shipping drafts is also being examined. For every inch of extra draft, a vessel can carry an additional 100 tonnes of freight. Many Great Lakes ships are being built or rebuilt to the maximum size possible. A 78 foot wide vessel in an 80 foot wide lock is a tight fit and can be a problem if there is ice in the canal. The current Welland Canal is being updated through the installation of hydraulic equipment to replace the old wire cable and pulley systems for opening and closing the lock gates. Welland Canals as Development Catalyst Several presentations and tours focused on development examples stimulated by the presence of the' current and historic Welland Canals. Regional Councillor Bruce Timms outlined the status of the Greater Niagara Circle Route; namely, that about two thirds of the Trail is complete, especially in the urban areas, and that the most significant unfinished section is through rural Thorold. The Greater Niagara Circle Route will become the key link in a system of trails throughout the Region for both local residents and visitors. Once the Greater Niagara Circle Route is completed, efforts should shift to the restoration of heritage canal structures. It is hoped that the four Welland Canals will be recognized as a National Marine Heritage Area. Each of the local municipalities along the Welland Canals corridor had an opportunity to showcase their efforts in redeveloping canal- associated lands. Examples included Sugarloaf Harbour Marina and the West Side Promenade in Port Colborne, the DPD 70 -2007 Appendix 1 June 6, 2007 Page 9 Erie Canalway National Heritage Corridor Publicity for Welland Canals DPD 89-2004 July 14, 2004 Page 3 Recreational Waterway and the rowing course in Welland, Maplehurst in Thorold, the Keg Restaurant and the Domtar Plant in Merritton and the Port Dalhousie area. A panel discussion on a possible major redevelopment of Port Dalhousie (a "lighthouse" tower) generated considerable interest among the delegates. A separate presentation on the history of docklands development in London, England, raised an important principle that should guide redevelopment proposals for Welland Canals lands. The presenter emphasized that development must be customer driven (meet the needs of the customer) if it is to be successful. The Erie Canal and three associated canals have been designated by an Act of the United States Congress as the Erie Canalway National Heritage Corridor. The Corridor is one of 24 designated National Heritage Areas in the U.S. A National Heritage Area is not an official National Park in that the National Park Service does not directly own or manage parkland. In fact, the National Park Service provides only limited funding and technical assistance to a National Heritage Area. Nevertheless, such a designation offers a number of significant advantages. A designation as a National Heritage Area confers national recognition which can be important in raising the profile of the area and its heritage. The National Heritage Area program is implemented through partnerships among the National Park Service, the affected local communities and other stakeholders including private landowners and businesses. Through the partnership process, it is anticipated that a more unified and consistent approach to developing and marketing the area and its heritage features will evolve. The preparation of a management plan(s) is a key element in ensuring that a National Heritage Area will realize its potential. The example of the Erie Canalway National Heritage Corridor is a concept that could and should be applied to the Welland Canals corridor. The Region and the local municipalities should continue to lobby the Federal Government for recognition of the national significance of the Welland Canals. With or without .national recognition, the Region should develop partnerships with local municipalities and other stakeholders to develop and promote the Welland Canals corridor and its heritage features and its economic potential. The 2004 World Canals Conference generated considerable local publicity for the Welland Canals. A newspaper insert on the Conference and the Welland Canals was circulated with the St. Catharines Standard just prior to the Conference. A film entitled "Conquering Niagara" commissioned by the Welland Canal Foundation to celebrate the 175 year history of the Welland Canals had its premier showing on the evening of June 1 During the week of the Conference, local newspapers contained articles on the .Welland Canal and highlights from the Conference. CONCLUSION Conference delegates through presentations and tours were able to experience the many features of the entire Welland Canals corridor. The challenge for the Regional Municipality, the local municipalities and other stakeholders will be to build upon the publicity generated and lessons leamed from the Conference to further enhance the Welland Canals corridor. Submitted by: DPD 70 -2007 Appendix I June 6, 2007 Page 10 Corwin T. C- mbray, MCIP, RPP Commissioner of Planning and D Approved by: DPD 89 -2004 July 14, 2004 Page 4 Mike Trojan opment Chief Administrativ€'Officer This report was prepared by Thomas Whitelaw, MCIP, RPP, Planner and was reviewed by Peter Colosimo, MCIP, RPP, Senior Planner. m'i mi mutlm7d;liAUUidin Mr: Bruce Timms, Regional Councillor, 1204 Lakeshore Rd. St. Catharines, ON L2R 6P9 DPD 70 -2007 Appendix 11 June 6, 2007 Page 11 C6885 ute m port c o 1 orn e Dear Mr. Tirnhs: I read with interest the recent report in the March 10 2007 Tribune on your continuing efforts to have the Welland Canal zone designated as a national heritage site, and that in the near future you will be approaching the municipality of Port Colborne in that regard. As a matter of background information and interest, I would like to let you know that the Port Colborne Historical and Marine Museum recently concluded an extensive three -year study of the early village and port here at Gravelly Bay. As just one outgrowth of this study, the Museum has published the accompanying complimentary book entitled: Port Colborne Tales From.The `Age Of Sail' the sales of which are helping to provide microfilming and materials for our new L.R.Wilson Heritage Research Archives and Visitor Centre which is designed to provide a research venue for Marine, Architectural, and Genealogical Heritage. The main purpose of the .study was to ascertain exactly what had taken place here during the `Age of Sail' at Port Colborne and also to begin to outline the historical relevance of remaining historical structures within the confines of the. original village. Although there is much additional work yet to be done, some key points can now be brought into focus: Port Colborne is a unique community along the canal. Unlike any other place along the entire length of the present Welland Canal, West Street has not realty moved one foot in 174 years. The basic channel of the First Canal flows past West Street exactly as it did in 1833, the year the canal was completed through to Lake Erie. Conseil uentfv, in Port Colborne we still some First Canal structures still standing beside or near the present working canal in their orlainal locations. The significance of the above statement and the subsequent standing of Port Colborne s place in the history ofthe canal has generally been missed or underestimated by most canal historians and also by various organizations and committees of the more recent past,. presumably because the basic supporting research had never been done, Perhaps two brief examples here from the book will suffice. On page 27 begins the story of `The Locktender's Stone House built in 1835 by Hiram B. Ostrumrwho was\Wm. Hamilton Merritt's foreman and an early Locktender. His magnificent house still stands prominently on the corner of Sugarloaf and King Streets, a stones throw from the canal. (See also its photo on title page of `Part Two' and its location on.an early map on page 14d.). The Port Colborne, Historical and Marine Museum non P n Rny 572. Port Colborne, Ont.. L3K 5X8 .Tel:. (905) 834 -7604 :Fax: (905) 834 -6198 i t l t III! I it I I I I� i I dI I I I l i I l i l l �l; I I I I I I i n d nl i port col borne second example can be found in the story entitled `The Royal Saloon Lives On'(p.39; photos page 40d). This historic structure was built in 1838 on Thomas Merritt land and it still stands today as a private home at 62 West Street. Additionally, of course, there still stand dozens of early historic structures along West Street and elsewhere within the geographic limits ofthe early Village of Port Colborne, a few of which can be found in the photograph pages of the book. Thank you for your ongoing and very important efforts towards recognition of this exceptional historic resource which bisects our Niagara Region. Hopefully this letter and accompanying book will help to illuminate Port Colbome's important role as the southern anchor in the overall compelling story of the Welland Canal, being the one community where the visitor can stand on West Street and see both the historical past and the 21 century present in one sweeping panorama as vessels from around the world pass by. Sincerely, enc. C) O n n t T1 !1 r7 DPD 70, 2007 Appendix It June 6, 2007 Page 12 Virginia Anger, Director /Curator Port Colborne Historical and Marine Museum cc: Mayor Vance Badaway Bob Saracino, Regional Councillor Port Colborne 'Historical and Marine Museum h'storica! i 3 f __t T r1TT rvn m 1 f,.t nn nn.+ e+.-♦ DPD 70 -2007 Appendix 11 June 6, 2007 Page Sincerley, f£ r Mr. Ierryy Bissette Secretary Treasurer ISMA Lodge 20 13 1 0 0a -aoo .34 3 M' 3l •3 INTERNATIONAL SHIP S'i'ERS' ASSOCIATION LODGE NO 20 Regional Councillor Bruce Timms Regional Municipality of Niagara 2201 StDavids Road P.O. Box 1042 Thorold tint_ L2V 4T7 March 20, 2007 Dear Mr Timms, We were pleased to hear your presentation on the concept of a" National Heritage Corridor for the Welland Canals at the 233 annual dinner dance of the International Shipmasters Association, Lodge 20, February 17, 2007_ We know you are aware that The International Ship Masters' Association functions as the representative of all Great Lakes mariners in many important ways. Through the respected ISMA name, mariners of all levels have a collective voice when critical decisions on maritime affairs are made by government. The Association plays a cooperative role with the Canadian and US Coast Guard and Various other maritime organizations and associations. We are pleased to advise you that the Board ofDirectors, at its last meeting following your presentation, passed a resolution to support the Concept of a Welland Canals National Heritage Corridor, and the development plan. We would be pleased to participate in an advisory capacity in the development of a plan to achieve the National Heritage Corridor designation. Please keep the ISMA executive informed on this project, and advise how the ISMA may be of assistance. a nad.ian 'an-al ocieiy DPD 70 -2007 Dear Councillor Timms: Appendix 11 June 6, 2007 Page 14 P.O. Box 23016, Midtown Postal Outlet, 124 Welland Avenue St. Catlaarines, Ontario, Canada, 1.211 7P6 Mr. D. Bruce Timms Regional Councillor Regional Municipality of Niagara 2201 St. David's Road, PO Box 1042 Thorold, ON L2V 4T7 March 24, 2007 t a octete des naux du anada 1 Pa a r ,,r.$ :D.4.Af sit /+?.G.Z.it 31.31 Re: Proposed Designation of a• Welland Canals National Heritage Corridor The Welland Canals Corridor which contains the current (Fourth) Canal and the first three Canals is a regionally and nationally significant culture landscape. The Canals have had major impacts on the history and economic development of the Niagara Region and Canada. The Welland Canals had a strong influence on the patterns of urban and industrial development within the Corridor. The development and success of important Canadian economic sectors such as the steel industry in Hamilton and westem prairie wheat farming would not have been possible without the Welland Canals. The four Welland Canals represent significant engineering achievements. The Corridor is unique in Canada in that the four Canals demonstrate within a confined area the evolution of canal technology over the last 180 years. Significant heritage structures of the Second and Third Welland Canals and historic canal related buildings such as lock keepers cottages and industrial buildings still remain. However, many .of .these:- :truetttres are deteriorating -fre lack-of maintenance, and are at risk- of being lost. These structures are valuable. regional and national heritage assets that need to be conserved and protected. A designation of the Welland Canals Corridor as a National Heritage Corridor by the Federal Government would recognize the important contributions of the Canals to the history and the economic and technological development of Canada. A National Heritage designation would also support efforts to preserve heritage canal features. The first three Welland Canals along with the Lachine and Sault Ste. Marie Canals were all components of the heritage Great Lakes —St. Lawrence Navigation System. The Federal Government has already designated the Lachine and Sault Ste. Marie Canals DPD 70 -2007 Appendix 1 tune 6, 2007 Page 15 PD ao P a 02 as National Historic Sites. The Welland Canals Corridor should be granted similar status through a National Heritage Corridor designation. The Canadian Canal Society is a non profit educational, scientific and historical organization dedicated to the promotion and preservation of canals and canal heritage in Canada. The concept of a National Heritage designation for the Welland Canals Corridor is consistent with the goals of the Canadian Canal Society. As a result, the Board of the Canadian Canal Society adopted a resolution to support the concept of a National Heritage Corridor designation for the Welland Canals. Members of the Canadian Canal Society, through research and personal experience, have background information on various aspects of the heritage of the Welland Canals. Society members may be interested in becoming actively involved in the process to obtain a National Heritage designation for the Welland Canals Corridor. Canal Society members through visits to other canal sites appreciate that heritage canal restoration can be a catalyst for economic and urban renewal and for promoting a sense of place and community pride. A National Heritage designation for the Welland Canals Corridor and the accompanying preservation and restoration of heritage canal related structures should provide similar benefits to the Niagara Region. In conclusion, The Canadian Canal Society supports the concept of a National Heritage designation for the Weiland Canals Corridor and encourages your efforts in pursuing this goal. Yours truly, Thomas Whitelaw President Canadian Canal Society C: Corwin T. Cambray, Commissioner, Planning and Development GCS Letter to B. Timms, Support for Heritage Designation DPD 70 -2007 Appendix 11 June 6, 2007 .Page 16 CITY OF PORT COLBORNE Municipal O ffices 66 Charlotte Street CothoRNE Port Colbo rne Ontario P�� u L3K 3C8 OFFICE OF THE DIRECTOR OF COMMUNITY AND CORPORATE SERVICES April 20 2007. Ms. Pam Gilroy, Regional Clerk, Regional Municipality of Niagara, 2201 St. David's Rd., P.O. Box 1042, Thorold, ON L2V 4T7 Dear Ms. Gilroy: Regional Cultural Committee Resolution Re Welland Canal as a National Marine Heritage Corridor Please be advised that the above noted resolution was presented to Port Colborne City Council on April 10th, 2007, and Council resolved as follows: JB:lw cc: Regional Councillor Saracino "That the Council of the City of Port Colborne endorse a motion from the Regional Cultural Committee and, in principle, support the Welland. Canal as a national marine heritage corridor." Yours very truly t Janet Beckett Beckett City Clerk Telephone: (905) 835 -2900 C6892 RECEIVED ;‘FR 2 4 2007 Region of Niagara Clerk's Office acne; to: Cferi tJ et<cc- Conan. Ser •;ou ciI ocs. Corp. Ser t Il:.. t AO'<ixi 7Cla& Planning •1Giedt PPubb4a f ldea Soey u k Works ..0 Fib r Initials; Chair Email: dccs@portcolborne.com Fax: (905) 834 -5746 DPD 70-2007 AppeudiA IV June 6 2007 Page 20 LUSTORIC SIMS AND MONUMENTS BOARD OF CANADA ORFORM:ibkikAtii*AL FrigToRrc: srGistitteAks# 4 41 P# 4 ide foxdeozk& gtOrk finational biatt).*41014: site maf designated of nationathistmi y.Aitilftaint aspect of Canadianiiiito hitildingCgittrict, or cultural lindkcapeolf, a) an honal creativeA. ltlitiA* excep a ati00antatgge in the development ot.: tifoot 1 the Afatikit away ante, orideat important in b)' R. :or Simiboliie in whole or Ih. part A develOrttertt Of Canada; or be designatecl P6C14#411■040 i :gpatedanati ,expeffente in Canadianhistory. .0. efMing action, episode, erscins 1, of nation; eveitts deemed of national tpffscirt individually or '0.04adian history. a Historic Si tes and Monuments Act Acklitionatitif00000; ts ffu iith* prpposelhata sile asPeota:Ce_na conalderectfgr sendrfirt40000. with stipp4ififk... t 4suaan wniten'inanl (Of Executive ,806$8.4ey Hist:* Sites AnOlonutnents Board oranatia• Cittawg Tekphone; (4181337-4040 Fax; (819)9534909 PD 7 0 =2110-7--Ap-po-n-d-i-x-1-1-4 June C, 20 P dye 1 9 Commemorating Canada's History F Marcia-Op a DPD 70 -2007 Appendix 11 A GRAND UST Creating The Nia by David Serafino N iagara's wealth of opportunity has always lain within its geography. The wonder of Niagara Falls is both a major power source for the province and its greatest tourism draw. Over the past trio centuries, industry and scenic travel routes have grown up beside it, along the river that feeds it and down the length of the gorge created by it Niagara Falls also posed an impediment to travel but, in overcoming this obstacle, new opportunities were created in the fonn of the four Welland Canals. In 2006, the Greater Niagara Circle' Route was completed after 14 years of cooperative effort between local municipalities and upper tiers of government. This route, which can be walked or cycled, takes travelers along the shore of the scenic Niagara River and along the routes of the presentday and early Welland Canals. Heading the drive for its completion was Circle Route Chairman, Regional Councillor Bruce Timms, who walked the entire route this past year. Now he has a new goal. A NATIONAL COMMISSION On December 3' 2006 at Lock Three Museum in front of members of the Canadian Canals Society.and invited guests, Timms presented a concept for a National Heritage Corridor for Niagara that would run the length of the Welland Canals from Port Dalhousie to Port Colborne. The task is daunting. ft will require a huge investment from the public in terms of funds and voluntary man-hours. If it wasn't the most exciting economic stimulus ever pitched to the Region it might even seem undoable. "It's important to see the big picture," stated Timms during his Powerpoint presentation, which aphically demonstrated the assets hat lay stretched across Niagara waiting to be restored into what can one day become highly desirable lands for recreation and human habitation. June 6, 2007 Page 17 This site in Thorold may be the only place in the world where visible remnants of 180 years of canal construction can be witnessed A St Catharines Standard editorial from September 27, 2004 stated the following: It is long overdue that remnants of the old Welland Canals be considered for desig nation as a national historic area... Niagara Region's planning services committee and regional council have initiated formal discussions with the 12 local municipalities on the subject of designation, and while politicians from some municipalities have expressed interest, others have concerns, saying their parks departments don't have the money to do justice to the maintenance ofnational historic sites. That may be so, but with senior government support, obstacles can be overcome... Ifmunicipalities get on board, designation would not be speedy possibly taking more than two years. But that's not long considering the years the old can have been a hidden if not forgotten secret. There is no better time to tackle something big than at the beginning of a new council's term of office. With the term having been extended from three years to four, there is even an extra year to get the job done. What is required, according to Timms, is the fonnation of a national commission to coordinate cooperation among the many stakeholders in order to achieve National Heritage status. As a National Heritage site, federal funds' would be forthcoming to get the ball DALHGUe OECEMBEIV2 PAGE 5 -PAR rolling. Private investment would not lag too far behind. UNEARTHING OUR TREASURES The plan calls for the restoration, recognition and promotion of the four old Welland Canals, their related buildings and structures as a nationally significant heritage site. Though the boost in Niagara's tourism alone would warrant the investment; there are other factors to consider as well. The old canals are a significant part of our culture and played an important role throughout our history in building our nation. To properly tell Canada's story, artifacts such as the old wooden and stone locks need to be uncovered and restored. The era of canal building began in 1827 and continues to this day. Nowhere in the world outside of Niagara can people see remnants of canal construction spanning this extensive period of time. The famous canals of the world such as the Panama and Suez canals were built during one era. The same goes for our own Rideau Canal. Though the routes of the four canals are not the same, there are places where they do come together. Thoroid, where the ships climb the mountain, is where remnants of all four canals exist in close proximity to each other. Though little remains of (Continued on page 6) nti r uedfrompage 5) original wooden locks other than ii may be buried underground, there is a visible wooden lock (capped with concrete) existing in. Centennial Park in St Catharines. The reasons why we chose to bury our old canals rather than maintain them is very simple. Cultural historians were not in charge. Governments and agencies at all levels placed the esina1s in the hands of those who were responsible for operating them Safe, risk -free operation was the priority and covering over what was seen as ahazard rather than an asset, was less taxing on the taxpayer than maintaini g something that existed as a public liability requiring costly safety features. Rather than scenic ravines with accessible waterways flowing through them, we have no- trespass zones, parking lots and brownfields as well as underutilized green spaces that hide more than they show of our heritage. SAYING TXE CITY CENTRE It was the Welland Canal that built our city and it is the Welland. Canal that can save it. St Catharines began as Shipman's Corners on a bend of the Twelve Mile Creek that formed a part of the first and second Welland Canals. This is where, what we know today as downtown St. Catharines, got its start. The third Welland Canal ran diagonally across the city and businesses developed and grew along this route as well. St. Catharines is faced with a development dilemma. The city cannot expand beyond its fixed urban boundaries and therefore crust develop existing lands within the city in order to grow its tax base. To attract private investors who will develop these lands, there has to be an aesthetic appeal that will attract buyers of the developed commercial and residential properties. Lands that sit above a ravine with an accessible waterway running through it that reflect apride in our heritage would be extremely more valuable than what presently exists. With the closing•of Hotel Dieu Hospital and the likelihood of closing the St Catharines General Hospital upon building a new one in West St. Catharines, these lands can become DPD 70 -2007 Appendix 11 June 6, 2007 Page 18 LI-IOU DE SIE 2006 PEER PAGE 6- PART 2OF2 An 1842 Lock ofthe Second Wellmd Canal residing in the Harizel Road area prime opportunities for private investment. Instead ofthe Queenston Street area falling into decay and ruin as a result of the closing of the hospital it can become the most appealing part of the city for urban dwellers relocating here from other cities such as nearby Toronto, Hamilton, Burlington and such -who are cashing out of their respecth e housing markets. PHASE ONE As one of the first orders of business, Timms is suggesting the establishment of National Commission to plan and co- ordinate a co- operative project with the municipalities of Niagara Region, the Province and the Federal Government, the St. Lawrence Seaway Management Corporation, the Ministry of Transport andthe Welland Canals Foundation. The commission would ask the Ministry of Transportation, who have jurisdiction over the canal lands, to initiate discussions with the local municipalities to design a strategy for developing the Welland Canals .Heritage Corridor, and related structures, as a nationally significant heritage site. An initial task of the commission would be to compile an inventory of all structures, sites and built heritage that exist, including sites where heritage structures may be hidden. Though this may seem an onerous task, some of this work has already been done by the now defunct Welland Canal Society who turned their records over to Brock University when the group disbanded in 1992. In addition, the City of St. Catharines and civic volunteers have done some initial work in unearthing and beautifying some of the remnants of the old canals as is evidenced in Jaycee Park, Mountain Locks Park and Port Dalhousie. The city has also developed a master plan for Mountain Locks Park and budgeted $8,500 to undertake archeological work to investigate the existence of the remnants of the first Canal entrance piers and lock in Lakeside Park Private investment is also playing a significant role in heritage restoration both in Merritton and. Port Dalhousie :and Timms claims that the time is ripe to capitalize on the momentum being generated by both private and public initiatives. At the root of any successful campaign is educating both the public and civic leaders on the benefits and required tasks of the undertaking. Though Gity Councillors Mark Elliott and Heather Foss attended his presentation on December T all elected officials and senior staff members will need to understand the potential and the duty to accomplish the initial goal of achievingNational Heritage status for the Welland Canal Corridor. All municipalities can benefit but none can benefit as much as St. Catharines. With few avenues of prosperity left open to us, we should be the ones leading the charge down the Welland Canals corridor. With a four year mandate to accomplish a• goal that is estimated to take two years, it is certainly achievable and a legacy that earns bragging rights when that mandate conies up for renewal once again in 2010. rz Yi DPD 70 -2007 Appendix V June 6, 2007 Page 21 Executive Summary 3 Table of Contents 5 1. Native History 7 2. Military History 9 3. A Place of Refuge 15 3.1 The Loyalists 15 3.2 People of African Descent 15 3.3 Political and Economic Refugees 16 4. Economic Development 4.1 Agriculture 23 4.2 Fishing 24 4.3 Commerce, Transportation and Shipping 25 4.4 Tourism 26 5. Political, Cultural and Sarat Importance 31 5.1 Political 31 .5.2 Social 5.3 Cultural 32 33 6. Built Heritage 3 6.1 The Layout 37 6.2 Historic Periods 37 6.3 Streetscapes 38 6.4 Summary of Built Heritage 39 7. Vox Populi 43 7.1 The Siting and Nature of the Colpnial Settlement and the Determination of its Boundaries 1 4 7.2 The Public's Defence of the Commons, Other Historic Sites and Cultural Landscapes 43 7.3 The Safeguarding and Restoration of Heritage Buildings 45 7.4 The Preservation of a Unique Culture 45 73 The Securing ofAccess to the Waterfront and the Preservation of Streetscapes 46 Heritage Designation Committee 50 Acknowledgments SI TABLE OF CONTENTS 5 July 23, 2007 PD- 2007 -63 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD- 2007 -63 AM- 12/2007, Official Plan and Zoning By -law Amendment Application 8278 Thorold Stone Road, 4043 Kalar Road Applicant: Anthony Vacca (Somebuddy's) Incorporation of Additional Lands to Provide Additional Parking, Office and Storage RECOMMENDATION: It: r I a prove the Official Plan an the use of the surround in i BACKGROUND: Niagaraj1as ll CANADA y -law amendment application to permit oad for office and storage purposes and the land r ing lot, in conjunc I• bourhood plaza on 8278 one Road. That Council deny the Zoning By -law Atendmenf Anthony Vacca (Somebuddy's) has requested amendments to the Official Plan and Zoning By-law for two properties totalling 0.33 hectares (0.81 acres) known as 8278 Thorold Stone Road and 4043 Kalar Road, as shown on Schedule 1. A neighbourhood commercial plaza exists on 8278 Thorold Stone Road, while a single detached dwelling exists on 4043 Kalar Road. The amendments are requested to use the dwelling on 4043 Kalar Road for office and storage purposes and the land surrounding it as a parking lot, all in conjunction with the neighbourhood plaza on 8278 Thorold Stone Road, as shown on Schedule 2. No expansion or other changes to the plaza are proposed. The subject lands are designated Good General Agriculture in the City's Official Plan. The neighbourhood commercial plaza is a non complying use under this designation. The subject lands are requested to be placed under a site specific special policy to recognize the existing plaza on 8278 Thorold Stone Road and to allow the development of a parking area and the use of the building on 4043 Kalar Road in conjunction with this plaza. Concurrently, zoning changes are being sought to reflect the proposed Official Plan change. A site specific Neighbourhood Commercial zone is proposed to be applied to the lands to permit the proposal. Although there is enough par on -site to meet current zoning requirements, for a number of years surroundin •ta -`nts have expressed concerns about parking demands for the restaurant spillin o Kalar Road. To deal with these concerns,, Council has 0 Queen Stree P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Community Services Department Planning Development July 23, 2007 2 PD- 2007 -63 imposed a no- stopping restriction on Kalar Road in the vicinity of the restaurant. This restriction, along with enforcement by staff, appears to have been largely successful in addressing the on- street parking issues. However, parking demands still appear to be spilling off the property, most notably onto St. Vincent de Paul School, which is located on Kalar Road north of Thorold Stone Road. Site Conditions And Surrounding Land Uses A neighbourhood plaza with an associated outdoor patio and parking area are located on 8278 Thorold Stone Road. The diagonal parking area north of the plaza is accessed via a single lane aisle, while the parking area east of the plaza is accessed directly from Kalar Road. A dwelling with associated landscaped areas is located on 4043 Kalar Road. The lands are largely surrounded by dwellings to the south, west, east, and north. Vacant lands intended for a neighbourhood plaza are located to the northeast. Circulation Comments Regional Municipality of Niagara Municipal Works The subject lands are designated Good General Agricultural Area by the Regional Official Plan and are located outside of the Urban Area Boundary. Although such lands are intended for agricultural uses, expansions of existing commercial uses are permitted provided the expansion does not involve a major intensification of the land use or result in the intrusion of new incompatible uses. As the properties are part of a small residential cluster outside of the Urban Area Boundary, no agricultural lands are lost. The expansion of the parking lot is intended to resolve a parking deficiency and should reduce negative impacts caused from parking in front of nearby residential properties. Retention of the dwelling for office /storage purposes should assist in maintaining compatibility with the residential streetscape. There are no adverse impacts on services. The proposal complies with Provincial and Regional planning policies, is considered minor in nature and can be exempted from Regional approval. In the City's next review of the Official Plan, the residential area of the southwest corner of Thorold Stone Road and Kalar Road should be considered for inclusion in the City's Urban Area. As there is no expansion of the restaurant, there should be no increase in traffic. The existing stopping prohibition on both sides of Kalar Road will remain as is. There are no objections with this application. A 3 metre (10 foot) wide road widening along the Kalar Road frontage of the property will be required. This widening will remove the parking spots along the east side of the neighbourhood plaza that are directly accessed from Kalar Road. July 23, 2007 3 PD- 2007 -63 Parks, Recreation and Culture Planning Analysis A wider landscaping strip should be provided around the parking area. Street tree planting should also be provided. Building and By -law Services A Change of Use Building Pgrmit and the payment of development charges will be required for the conversion of the single family dwelling at 4043 Kalar Road to an office and storage use. Fire Services No objections. Surrounding Residents Letters of objection by residents are on tonight's agenda citing concerns about the application as well as concerns about the operation of the facility. Concerns include the proximity of the new parking area to residences, poor maintenance of the property, vermin around the garbage bin, parking along Kalar Road, noise from the restaurant, disruptive behavior by patrons, as well as concerns that the additional parking may lead to an increase in the occupancy of the restaurant. Residents also question the conformity of the proposal with the Official Plan. Neighbourhood Meeting The applicant conducted a neighbourhood meeting with surrounding residents on June 14, 2007. A number of residents were in attendance and expressed concerns about the proposal. Many of the concerns cited are included in correspondence on tonight's agenda. Residents felt that the additional parking would cause traffic and pedestrian safety issues on Kalar Road and at the intersection of Kalar Road and Thorold Stone Road. Concerns were raised about the potential expansion of the restaurant into the neighbouring convenience store, trespassing and abusive behaviour by patrons, and security and lighting for the proposed parking lot. The applicant's agent responded by noting that the restaurant will not be expanded, the parking area will be buffered from adjacent properties by a wood fence and landscaping and will be properly lit, the garbage bin will be in a proper screened enclosure, and site plan control, along with the enforcement of the City's Property Standards By -law, will ensure the proper maintenance of the property. The proposed parking lot expansion and reuse of the dwelling, with a few modifications, adheres to relevant planning regulations. This report focuses primarily on the land use planning rationale and concerns directly related to the application. Other concerns raised about the restaurant's patrons and operations are addressed at the end of this report. Reference is made in this report to the Planning Report prepared by the applicant's planner, Mr. Rick Brady of Urban and Environmental Management Inc. 1. Conformity to Provincial Policies Comments from the Region's Planning Development Department indicate that the proposed development complies with Provincial policies. The proposal has also been exempted from Regional approval. July 23, 2007 4 PD- 2007 -63 2. Conformity to the Official Plan Applications to amend the Official Plan are evaluated on a set of criteria to ensure the requested change is appropriate. The application conforms to these criteria as noted below: (a) Conformity of the General Objectives of the Plan Lands on the west side of Kalar Road, south of Thorold Stone Road, are designated Good General Agriculture. The zoning by -law recognizes the Neighbourhood Commercial plaza (Somebuddy's) at the southwest corner of the intersection in accordance with the non complying use policies of the Official Plan. A minor expansion to neighbourhood commercial zoning for the purpose of providing additional parking is considered appropriate for the following reasons: The proposed zoning change does not intensify the commercial use of the property. The additional parking is needed. Traffic generation will not increase. Disturbances caused by off -site parking will be reduced. The proposed zoning change will provide an opportunity to improve site conditions through the application of site plan control. The proposed development does not interfere with permitted uses under the Good General Agriculture designation. (b) Suitability of the Site for the Proposed Use, Especially in Relation to Other Sites or Areas of the City The acquisition of 4043 Kalar Road allows for a logical parking lot expansion that can be integrated with existing facilities. (c) Compatibility of the Proposed Use with Adjacent Land Use Designations Neighbourhood commercial centres typically are setback from property lines and provide significant landscaping and fencing to buffer the use from any adjacent residential uses. To ensure that impacts on surrounding properties are not increased and existing impacts are reasonably mitigated, the following measures have been proposed by the applicant: A 1.5 metre (5 foot) wide landscape strip is to be implemented along the west property line to buffer the property to the west from the parking lot. The size of the neighbourhood plaza and occupancy of the restaurant (120 seats in the restaurant, 60 seats on the outdoor patio) is to be restricted to its existing size and occupancy. The use of the former dwelling is to be for office and storage uses accessory to the restaurant only. A wood screen fence is to be installed along adjacent properties. July 23, 2007 5 PD- 2007 -63 In addition to these measures, it is recommended that the proposed landscaping strip of 1.5 metres (5 feet) in width along the south property line be increased to 4.5 metres (15 feet) in width. The additional landscaping is necessary to buffer the dwelling that lies immediately to the south. (d) The Need for the Proposed Use Despite the fact that the existing commercial use meets the City's zoning standards, there is clearly a need for additional parking given the ongoing complaints regarding off -site parking. (e) The availability of adequate municipal services and facilities for the proposed use and its impact on the transportation systems, community facilities and natural environment. The buildings on site have connections to the municipal water and sewer system. However, no stormwater sewers are available to service the proposed parking lot. The provision of stormwater services is a matter which will be studied through the upcoming Environmental Assessment process for Kalar Road improvements. The parking lot will have to be graveled to minimize off -site flows and sloped to drain away from adjacent properties. These works will be secured through the site plan process. As the neighbourhood commercial plaza is not being expanded and occupancy is not increasing, Municipal Works does not expect any additional impacts on the surrounding road network. A 3 metre (10 foot) wide road widening will be taken along Kalar Road. This will remove 8 parking spaces but will leave about 54 spaces, 23 more than the Zoning By -law requires. Pedestrian safety is provided by the sidewalk on the east side of Kalar Road; staff will review any concerns raised about the pedestrian crossing at Thorold Stone Road. 3. The requested Zoning By -law amendment is appropriate. Both properties (8278 Thorold Stone Road and 4043 Kalar Road) are requested to be placed under a site specific NC zone. To ensure the uses do not expand without further approval, the amending by -law will restrict the size of the plaza and restaurant to the existing size and occupancy and will restrict the use of the former dwelling to accessory office and storage uses. In addition, the measures to mitigate impacts on surrounding properties as discussed earlier in this report will be secured. 4. Site Plan Control is applicable. Neighbourhood commercial lands are subject to site plan control. Through site plan control, the following matters will be addressed: the location of a proper garbage enclosure away from abutting landowners; the provision of a closed board fence and tree planting along property lines to buffer adjacent residents; the provision of adequate and screened lighting in the parking area; and proper grading and drainage. July 23, 2007 5. Other Matters As discussed earlier in the report there have been a large number of concerns raised about the existing and proposed development by surrounding residents. While some of these concerns can be addressed through planning regulations, others cannot. These matters generally deal with the operation of the restaurant and the behaviour of the patrons and are addressed in part by the City's Noise and Property Standards By -laws. Although land use planning controls may not directly address such matters, the proposed development, along with the recommended measures, may assist in mitigating these other impacts caused by the restaurant. Disruptive behaviour spilling off the site appears to be caused in part by off -site parking. To minimize this, as much parking as possible will be provided on -site so there is a better opportunity to police patrons. The parking area should be well lit to assist in security. In addition, property standards complaints about the waste disposal should be alleviated once a properly constructed enclosure is built. This can be secured through site plan control. Complaints about noise and disruptive behaviour should be directed to Building and By -law Services or the police as appropriate. CONCLUSION: 1. The requested amendments to the Official Plan and the Zoning By -law to permit the proposed development can be supported for the following reasons: The requested uses are in conformity with the Official Plan criteria for considering land use changes. Provided the recommended measures to mitigate impacts on the neighbouring properties are implemented in the amending by -law and the site plan approval process, the requested ancillary office and storage uses and expansion of the parking area are considered appropriate. 2. Complaints about property standards, noise and disruptive behaviour should be directed to the appropriate authorities. Recommended by: Approved by: Respectfully submitted: A.Bryce:cb Attach. 6 PD- 2007 -63 S: \PDR\2007\PD- 2007 -63, AM -12 -2007 8278 Thorold Stone Road, 4043 Kalar Road.wpd Doug DarbysoQ,'Djector of Planning Development Ed Dujlovic, E cutive Director of Community Services kni MacDonald, Chief Administrative Officer Subject Land Amending the Official Plan and Zoning By -law No. 79 -200 Location: 8278 Thorold Stone Road 4043 Kalar Road Applicant: Anthony Vacca SCHEDULE 1 LOCATION MAP 1:NTS AM- 12/2007 k: \GIS Requests 20074 Schedules \ZoningAM\AM- 12\mapping.map June 2007 SCHEDULE 2 May. 10, 2 ui '.u:2iAM REGIONAL PLANNING N ia, ara Z,f Region PLANNING AND DEVELOPMENT May 15, 2007 Andrew Bryce Planner 2 City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mr. Bryce: Re: Application to Amend the Official Plan and Zoning By -law West Side of Kalar Road, south of Thorold Stone Road (Regional Road 57) Somebuddy's Restaurant City of Niagara Falls Rapional and Provincial Planning Review Building Community. Building Lives. No. 0165 P. 1 The Regional Municipality of Niagara 2201 St. David's Road, P.O. Box 1042 Thorold, Ontario L2V 417 Telephone: 905- 9843630 Fax: 906.641 -5208 E -mail: planeregional.niagara.on.ca Files: 10.M.11.21 D.10.M.11.23 RECEIVED MAY 16 2007 PLANNING d4 DEVELOPMENT This application proposes amendments to the City's Official Plan and Zoning By -law to permit the expansion of an existing commercial use onto an adjacent residential property for additional parking and to utilize an existing dwelling for office/storage space. The following comments are provided for your consideration from a Provincial and Regional planning perspective. A response to the City's request to exempt the Official Plan amendment from Regional approval is also provided. The subject commercial site and adjacent residential property are situated outside of the Urban Area Boundary for Niagara Falls and shown as a Good General Agricultural Area in the Regional Policy Plan. These lands are on the edge of the existing Urban Area Boundary that generally follows Kalar Road, with the exception of a small subdivision Neater Estates) at the northwest corner of Kolar Road and Thorold Stone Road that was included in the Urban Area in accordance with Regional Policy Plan Amendment 147. Agricultural policies of the Provincial Policy Statement (PPS), Provincial Growth Plan and Regional Policy Plan promote the protection of agricultural areas. The PPS allows land to be considered for exclusion from prime agricultural areas for non residential purposes (policy 2.3.5.1(0)) generally where there is a demonstrated need, where there are, no reasonable alternative locations, and provided that potential impacts an agricultural lands are mitigated. Further, Policy 12.6 of the Regional Policy Plan allows for the reasonable expansion of legally established commercial uses provided that Urban Area Boundaries are not superseded, the expansion does not involve a major intensification of land use, or result in the intrusion of new incompatible uses, and subject to: May.16. 2007 10:21AM REGIONAL PLANNING Ap Oval Exemation for Officl I Pian Am e n dment No. 0165 P. 2 1) the need and desirability of the operation; 2) regard for environmental, agricultural, and other policies of the Plan; 3) compatibility with existing surrounding uses; 4) access and servicing requirements being met; and 5) no additional municipal services being required. The commercial building includes a convenience store and restaurant (Somebuddy's). It has existed far a number yearn and is considered to be a legally established use that is currently zoned Neighbourhood Commercial. This property is adjacent to a cluster of residential dwellings that are outside of the Urban Area and form part of the urban residential neighbourhood on east side of Kalar Road. Due to the popularity of the restaurant, there is a shortage of parking which has caused problems in the neighbourhood, as referenced in the Planning Report prepared by Urban Environmental Management Inc.. The proposed expansion of the commercial use is primarily intended to resolve the parking deficiency and should reduce negative impacts caused from parking in front of nearby residential properties. Thera will not be any loss of agricultural and or impacts on the agricultural area located to the west. The existing dwelling is proposed to be retained for office and storage purposes in conjunction with the restaurant operation. This should maintain compatibility with the character of the residential streetscape. The City should ensure that this an ancillary use for the restaurant in order to preclude a new independent commercial use from operating at this location. There will not be any adverse effects on municipal services as it Is our understanding that the existing dwelling and commercial building are already connected to sanitary and water services existing on Kalar Road. The Regional Public Works Department has advised there are no concerns with the proposed use of these lands since 4t involves the reuse of an existing building with no changes to the entrance on Regional Road 57 (Thoroid Stone Road). For these reasons, the proposal conforms with Provincial and Regional planning policies. We would suggest, however, that the City's next review of the Official Plan examine the alignment of the urban limit in this area given the character, function and servicing of the strip of existing properties an the west side of Kalar Road near Thorold Stone Road. The proposed local official plan amendment Is for a small scale development that is site specific. While the official plan amendment is considered to be minor in nature, it involves a parcel of land outside of the Urban Area Boundary and designated Agricultural. As previously noted above, this is an area of Provincial, Regional and local interest given the urban/agricultural Interface. However, In this instance based on the size and nature of the proposal we are recommending an exemption from Regional approval. A copy of the draft amendment and our review fee of $800 must be submitted to Regional Planning staff prior to the adoption of the amendment by City Council. Once this has been provided, the Regional Planning and Development Department will issue a formal written exemption letter for inclusion in the amendment. Regional Planning staff is not opposed to the application to amend the City's Official Plan and Zoning By -law from a Provincial and Regional planning perspective. However, the Official Plan May. 16, 2007 10:21AM REGIONAL PLANNING No. 0165 P. 3 3 amendment document should not be presented to City Council until the Region's exemption letter has been forwarded as previously mentioned. If you have any questions, please contact me for assistance. Yours truly, Peter Colosimo, MCIP, RPP Senior Planner c: D. Darbyson, City of Niagara Falls B. Stevens, Regional Public Works R. Brady, Urban Environmental Management Inc. Councillor W. Smeaton AMSWORD1PC1Niagara Fa s1NFopakK alarRdThoroldStoneRdOPAdZBLA .doc City of Niagara Falls Mayor and Members of Council CC: Planning Department RE: 4043 Kalar Road, Official Plan Amendment application and Rezoning File AN -12 -2007. Further to receipt of a letter from UEM Consulting regarding the scheduled meeting of June 14 2007 proposing a re- development of the lands known as 4043 Kalar Road raises many concems. Many residents in the area and I have great concerns with this proposed development. I would like to state for the record that I, Joe Stracuzzi of 4055 Kalar Road, am opposed to the conversion of this property which has been utilized for many many years as a single family residential dwelling to a commercial parking lot with provisions to allow for a single family residence to be used as a office /storage area. Over the years as a resident and a taxpayer of this township I have been subject to the nuisance of this adjacent property known as 8278 Thorold Stone Road not to mention the previous owner of 4043 Kalar Road which has since diseased. The Bar located at 8278 Thorold Stone Road known as Somebody's has been effecting the quiet enjoyment of individuals within its proximity for many years since they have assumed the property. Some of the issues are loud music playing on the outside patio, individuals under the influence of alcohol talking loudly, screaming, yelling, breaking of beer bottles and the lack of property maintenance specifically the garbage enclosure which is located along Kalar Road. Often the garbage enclosure has not been closed off and seegals peck at the garbage to feed resulting in chicken bones and other items been dropped all over adjacent properties. Sometime ago the applicant was allowed through the City to install an exterior patio which extends right up to an existing property line of a property which I also own. The window facing that patio bar was broken several years ago by one of their patrons however was never repaired nor did the owner offer to repair the window. The patio bar when it was installed eliminated approximately 2 to 3 tandem parking spaces and the drive through area accessing the rear parking from Thorold Stone Road. This has also affected the maneuverability of the site in my opinion. RECEIVED JUN '15 2007 PLANNING DEVELOPMENT Over the years I have had to deal with many individuals parking their vehicles on my land facing Thorold Stone Road directly adjacent to the property in question (8278 Thorold Stone Road) and had spoken many times to the owner advising them that they are to advise their patrons not to park on my land, however this continued to no avail. I have since roped off access to my land directly adjacent to Somebody's to prevent restaurant patrons from parking here however this has also hindered my own access to the property. It is my understanding that the owner has submitted an application to amend the Township's Official Plan as a first step in the rezoning for 4043 Kalar Road. The reason for this is that the lands known as 4043 Kalar Road are zoning Good General Agricultural which is what my property is also zoned. Although this property does not have a viable farm operation on it and it is not sized adequately for it I would imagine the rural residence provisions apply to this property. I have had an opportunity to review the City's Official Plan's policies when it comes to Good General Agricultural property and in the Township Official Plan documents it is illustrated that the intent is to protect the continuation of farming operations restrict the establishment of non -farm use and minimize land use conflicting in favour of agriculture wherever possible while protecting the natural environment. Section 7. 1 of your Official Plan Policy indicates some of the permitted uses relating to Good General Agricultural Land and specifically states farm related residential dwellings are permitted. Now obviously this is not a farm however it is a single family residential dwelling. Section 7.2 of your Official Plan relating to Good General Agricultural Land notes that small scale commercial and industrial uses maybe considered if such uses are directly related to and require close proximity to agricultural area which they serve if it is not possible to locate these uses in designated rural or urban areas. Section 7.3 of your Official Plan relating to Good General Agricultural areas states uses of land not related to agricultural uses are not permitted in Good General Agricultural areas. However Council may consider a site specific amendment to this plan for a non residential use where it has been demonstrated that the use cannot be accommodated in a non agricultural designation. Further on in that section it speaks to the applicant providing support by qualified evidence demonstrating matters of poor soil capacity stability of the site for the proposed development and specifically, effects on adjacent properties and financial impact on the City. It is further stated within that section that all non agricultural uses satisfying these policy requirements shall be subject to site plan review to regulate the extent of the use and mitigate any impact the use may have on adjacent lands. This proposed official plan amendment and the second part being the Rezoning of 4043 Kalar Road will significantly impact adjacent single family land owners. Section 7.4 Ancilliary Agricultural or Residential uses of lands speaks to compatibility of ancilliary uses stating that original agricultural zone shall remain in place or rural purposes and be incompliance with other policies of this Official Plan further states that the ancillary use shall not have associated outside storage for material or hinder the surrounding uses in terms of noxious odors noise or traffic and shall provide adequate on -site parking as outlined in the city Zoning Bylaw. It is acknowledged that there is definitely is a parking problem along Kalar Road as a result of Somebody's Restaurant located at 8278 Thorold Stone Road and at first glance it may appear that the approval of this official plan amendment and secondly a zoning bylaw amendment to allow this re- development and expand the parking area may initially resolve the parking problem along Kalar Road, however other options should be considered. It is my recommendation that the Township first look at the occupant load of the restaurant based on existing seating and the approved liquor license. The Township should also review the washroom facility capacity for these premises. The general intent of an outside patio is not to allow an increased occupant load but to give patrons an option to be seated inside or outside on a nice day. It is also acknowledge that there are non smoking issues within restaurant areas therefore allowing patrons to be able to sit outside and also have a cigarette. It is my opinion that if this redevelopment and Official Plan amendment were approved the property at 8278 Thorold Stone Road would be pulling away from the true intent of a neighbourhood commercial strip plaza. Although within neighbourhood commercial zone a restaurant is permitted these types of restaurants are generally family establishments and not a night club bar establishment which is for the most part what has resulted at this corner. Thus resulting in parking problems up and down Kalar Road, music being played on the outside patio till late hours of the night, broken beer bottles garbage being thrown over the roadway. It is my opinion that the extension of this parking lot would intensify all of these problems. In Section 7.5 of the Official Plan document relating to Good General Agricultural property it speaks to expansion of areas subject to compliance with criteria such as that the expansion enlargement is considered minor in nature and that the extension of the enlargement is desirable for the appropriate development or the use of the land building or structures and also maintains the general purpose and Intent of the official plan and zoning bylaw. I would recommend that the City of Niagara Falls Planning Department not support this official plan amendment to redevelop the property known as 4043 Kalar Road as it is not in conformity with the Official Plan policies that the City has in place. The proposed site plan submitted will result in a garbage refuge area which has been a problem for many years for myself and many other residents being placed right at the back comer adjacent to my property and therefore resulting in noxious odors and seegals in close proximity to my property picking at the food. I would recommend that the fire prevention department conduct an investigation of the property to ensure that the occupant load for the liquor license is being maintained and that when the occupant load is contravened that appropriate measures be taken by the liquor license board. That parking enforcements continue indulgence in ticketing anyone on Kalar Road which is parking on the roadway where no stopping signs have been placed and bring the individual property into compliance based on its existing limitations. It is my opinion that should proposal be approved it will significantly reduce the value of my property including other property owners along Kalar Road. I am of the opinion that the existing single family residence which is proposed to be an office and storage area which is a notably 2 storey single family home in need of repair will result in a slum like looking property. In my opinion the existing property owner which is proposing this development has been irresponsible as a property owner and an approval from Planning and the City of Niagara Falls will just be condoning the continued irresponsibility of this applicant as far as working within the limits of his permitted uses according to the Zoning Bylaw and lack of respect for adjacent property owners. I am also of the opinion that should the City of Niagara Falls allow this individual to amend the Official Plan that it will set a precedent for other individuals trying to redevelop properties which follow clearly out of the guidelines of the Official Plan that the City follows. I would also like to draw your attention to the letter distributed by UEM dated June 14 2007. The information that w as circulated to area residents was not accurate. The residents at 4043 Kalar Road which is the property in question here noted that it is vacant residential land when in fact is currently a occupied single family rental unit. The letter also stated that they are providing 62 additional parking spaces which are noted to be 2 times the required. Why would the applicant require twice the required parking obviously if he is proposing to install 2 times the required parking then maybe it is because his occupant load may be exceeded for the size and nature of a Neighbourhood Commercial type restaurant. I don't understand why the City would even consider supporting this Official Plan Amendment and or a Rezoning. I conclude at this time that this property should be maintained as it is a single family residential property which is zoned Good General Agricultural property and it should have the Rural Residential provisions applied to it. June 14, 2007 To The City of Niagara Falls: Attention: Mayor and Members of Council: I cannot believe that you would even consider allowing a commercial business to build a parking lot within feet of residential homes. Would the owner of Somebuddy's want the smell of rotten food, the seagulls, and rats that go along with it in his back yard? Would he like the noise of a pressure washer early on Sunday morning cleaning the grills under his bedroom window? Would he like the loud music (sometimes an outdoor band until 12:30 a.m. or later) at his neighbour's patio and individuals under the influence of alcohol, talking loudly, singing and screaming as they leave in their cars and start their motorcycles? This is not a weekend party, every night this goes on. What about the burglar alarm going off in the middle of the night and running for 10 minutes until it runs out. These are only some of the issues that we have to put up with, and really we should not have to. We have completed a petition signed by all the neighbours on Kalar Road to Niven, along with all the home owners of Vegter Cr., which is opposite to the bar on Thorold Stone Road. There is not one person who is in favour of this business. We would like to see him relocate to an area more suitable for running a bar. This business has done very well and that is the problem. He is no longer running a family restaurant, It is a loud and disturbing bar. The owner has no respect for the neighbourhood and he is very difficult to deal with. We have owned our property for 27 years, long before the bar was opened. We have three acres of land and a lot more invested than the restarurant. We have been given awards by the City and our property is well known by many admirers. So what does this do to the value of our property? We have enclosed photos taken of the property, 8278 Thorold Stone Road, which is badly maintained. The neighbours have had to call the City and the Health Department to clean up the property. RECEIVED JUN 15 2EV PLANNING DEVELOPMENT The owner of Somebuddy's also owns three other properties on Thorold Stone Road and the minimum is done to maintain them. I can imagine what the home on Kalar Road will look like. It is already in need of repair. I also think the City needs to be aware of the traffic issue around the comer. It is a very busy and dangerous corner. The last thing you need is more cars tuming to get in and out of Kalar. I think the upset from the cars is a big issue. Kalar road has become a very busy road from all the new housing being built. Would you like a idle car under your bedroom window waiting for sometime to pull out onto Kalar Road. I am sure the City is getting the message from this. We hope you take into consideration the suffering we have been dealing with because of this establishment outgrowing its limitation. George Cindy Skelding 4063 Kalar Road Niagara Falls, Ontario L2H 1S7 Response to City File AM- 12/2007. repectfully submitted by Darlene Ingram 4086 Kalar Rd. L2H 1S6 dk Planning 41 Scanned n M -1)12 of 2 "Traffic is a problem at the corner at most times, at busy times you take you life in your hands. It is not safe for children and other pedestrians approaching the store near the parking lot. Cars goi.ng in and out of the lot need to co ordinate their move with the lights wi.th unseen cars turning from Thorold Stone Rd. and busy times. It is not uncommon to see many near misses in one hour. One day there will be a fatality. The restaraunt is successful and very popular in the area. Congratulations to you. I fear that your success on our residential street must be limited to a non expansion for safety reasons. In the last few years you have tried a number of plans that would help expand your establishment. Each plan ,in. another non residential area would be great. Not in this neighborhood. You would need rezoning an entrance and exit to Thorold Stone or Kalar Rd at this corner would be disasterous. 62 parking places is a large number of vehicles coming and going from the already busy intersection Next year I feel we will be back because you decide to expand you building. Big business sneaks into a RECEIVED Jul. 0 9 2007 PLANNING DEVELOPMENT a time to draw attention ei�borhood alit-0e at too lafieso• asn of ��e till it is erns for safety. An a t c11an� causes cone of to a as is cau best interest The restarauntcorner is not in the cars trav elling this ped antic }n at this traffic safety. Many car P can prove pedestrian te ex and era wed limit as the NR use for route exceed the alto serve in front of my. ecti:on how many tickets they snSes regarding the inters ion ceding an d other offenses and it's approaching traffic. the speed limit increases a Each night after midnight t is sell. beyond on Ka lar Rd Traffic northbound after acceptable limits. Traffic southbound on Kalar r ala ala dangerously aft fast. 1 fear untering the lights or corner is equally our enco e that with 1 h the intended increase into f lanes on Kalar and the 60 p lus parking tot would create a whole new set of dangerous problems to the neighbourhood and to the city. Recently on trying to cross at the cross walk, during the day, I encountered cars not even stop for the red light but continuing to make their turn .Right onto •'horold Stone E or right from Thorold Stone onto Kalar. I am in my 50's and find crossing a challenge. WHAT ABOUT A CHILD 1 have great concerns about the existing parking and p atrons leaving onto Kalar Traffic is heavy and cars leaving the lot need to time their entrance and exit to fast moving traffic and u.npredictablility of cars and trucks negotiating the corner, yet unseen. In your planning is there to be a sidewalk on the west side of Kalar. Do residents try to cross four lanes of traffic to walk on the existing sidewalk to go to the corner to cross at the unsafe crosswalk. DO they stay on their side as existing) no sidewalk and encounter the cars and trucks, going to and from the 60 plus lot. Please remember not all of the drivers or pedestrians have been drinking but many have. .fhe last year we were afraid that after Mr Secord died the restaraunt would buy the estate land and expand. We hear this year that the house would remain T i l l we come back next year or it wll be demolis.hed for another reason Then we will be back cause here comes a larger building needing more parking, having loud music and corning ever closer to families who have been here for decades. I do not want an expansion in my neighborhood. My concern is about safety and a wholesome neighbourhood where we and our children do not have to worry about the great increase in. traffic ‘v itli the added stress of alcohol. Our nights are now filled with loud patrons leaving the establishment at the corner. They have no concern for the family homes they pass, or infringe upon. Children are awakened in the night. July 5, 2007 there were eight cars parked on the road in front of the property formerly called Mr. Secord's house. Will this continue They also parked in front of the The Skelding properties and were extremely loud and obnoxious. More parking spots mean more trouble since the e x i s t i n g problem has not been dealt with. More cars more traffic, more problems and we are told, deal with it. I protest. 1 do not wish a larger parking lot, and I do not want the road to be widened. Respectfully I request financial justification for the expansion for Kalar Road to 4 lanes. There are so many roads in the city that are in need of resurfacing or maintanence I cannot see why a road expansion, unwanted would take priority over existing roads in need of repair. I request a written response please. respectfully Darlene Ingram dingram(a)vaxxine.com 9. Jun -15 -07 11:46am From- MARTIN SHEPPARD FRASER LLP From B. E. Peters peters @martinshep.com June 15, 2007 ORIGINAL WILL NOT FOLLOW 905 354 1042 Q PHe: AVA MARTIN SHEPPARD FRASERL>LP vv v BARRISTERS SOLICITORS TRANSMITTAL SHEET TO: FIRM: FAX NO: OUR FILE REF: Skelding re Kalar Road Zoing OUR FILE NO: 270954 Adrew Bryce Division of Community Services Department 905 -356 -2354 T -163 P,001 /003 F -957 ntown Professional Building 1 St. Clair Avenue, 2 Floor 4_0611( 900, Niagara Falls, Ontario Canada, L2E 6V7 Telephone: (905) 3541611 Toll Free: 1 -800- 263 -2502 Facsimile: (905) 354 -5540 WE ARE TRANSMITTING 3 PAGES INCLUDING THIS PAGE. If you do not receive the full transmission, please contact Daramone Sikhanxay at 905 3541611 or (in Canada and United States only) 1- 800 263 -2502 CONFIDENTIALITY NOTICE This communication (Including attachments, If any) Is privileged and confidential. It is Intended only for the addressee and should not be read by or delivered to any other person. Any unauthorized use or disclosure Is strictly prohibited. Disclosure of this communication to anyone other than the intended addressee does not constitute waiver of privilege. If you have received this communication in error, please destroy it and »oilfy us immediaiek ,Thank you for your co- operation, COMMENTS: Please find enclosed a copy of the petition that was to be attached to the letter from Rebecca E. Peters, solicitor for Cindy and George Skelding. Thank you. RECEIVED JUN '15 2007 PLANNING DEVELOPMENT Jun -15 -07 11:46am From MARTIN SHEPPARD FRASER LLP We the undersigned respectfully request that the land at 4043 Kalar Road not and rezoned into a parking lot NAME too-. L‘. 11;,_ e .9,. c.� .t 4/ Ceti 4 1 d.; 905 354 1042 T -153 P.002/003 F -957 ADDRESS vo z‘ 4 /co 6 k. 1 /V 1/14/A2 4 r 63 K4 (foci 14-44- L/o cab JAir 4 -x../4# Jun -15 -07 11:47am From MARTIN SHEPPARD FRASER LLP 1 /7 4-Aqo 905 354 1042 T -153 P.003/003 F -957 '7: S ueytr. yoaa July 23, 2007 PD- 2007 -58 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD- 2007 -58 AM- 17/2007, Zoning By -law Amendment Application 6182 Dixon Street Applicant: 2017480 Ontario Inc. Proposed Health Centre (Martial Arts Studio) within an Existing Commercial Building RECOMMENDATION: That Council approve the Zoning By -law amendment application to add a health centre to the list of uses permitted on the property. BACKGROUND: 2017480 Ontario Inc. has requested an amendment to Zoning By -law No. 79 -200 for a 587 square metre (6319 square feet) property known as 6182 Dixon Street, as shown on Schedule 1. The applicant proposes to establish a health centre (Martial Arts Studio) within a portion of the existing commercial building on the site. Schedule 2 shows details of the development. The subject land is zoned Neighbourhood Commercial (NC) which does not permit a health centre. The applicant is requesting site specific provisions to be added to the NC zoning of the property to add a health centre to the list of permitted uses. Site Conditions And Surrounding Land Use A commercial building with two units is located on the property. One is currently occupied by a pet food store. The health centre is proposed to be located in the other unit. Parking is located in front of the building and is directly accessed from Dixon Street. An automotive service use exists to the west of the property, while low density residential uses exist to the north, south, and east. A substantial commercial area is located further to the south at the intersection of Drummond Road and Dunn Street. Circulation Comments Niag araj CANADA Regional Municipality of Niagara No concerns. The •roposed use conforms with the Provincial Policy Statement, Provincial Growt "and Regional Policy Plan. 4310 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905 356 -7521 www.niagarafalis.ca Working Together to Serve Our Community Community Services Department Planning Development July 23, 2007 2 PD- 2007 -58 Municipal Works Building Services Fire Services No objections. Should the property be subject to site plan control in the future, the front parking area should be reconfigured so the stalls are accessed from a common driveway rather than Dixon Street. Any required building permits must be obtained prior to commencement of construction. Surrounding Residents A petition objecting to the application has been received and is on tonight's agenda. The residents are concerned about the proximity of the use to homes, parking spilling out onto the street and if there is enough sewage capacity for the use. No objections. Planning Analysis 1. The proposal complies with the Official Plan The property is designated Residential in the Official Plan. Although Residentially designated lands are primarily intended for residential dwellings, neighbourhood commercial facilities that serve the local community may be permitted as an ancillary use. A small neighbourhood commercial plaza has existed on the property for a considerable period of time and a degree of harmony has been achieved with the surrounding residential area. The requested amendment will add an additional use that will utilize the vacant unit in the plaza; no expansion of the building is proposed. As the building is not being expanded nor is the use being intensified, no additional parking or servicing demands are anticipated. This use is intended to serve local community. The small size of the plaza will ensure the use remains at a small scale and ready access to an arterial street (Drummond Road) is provided to handle any traffic the use may generate. The addition of this use complies with the Official Plan. 2. The requested amendment is appropriate The applicant is requesting a health centre be a site specifically added to the NC zoning of the property. A health centre will permit the Martial Arts Studio as well as similar health and fitness uses such as a gymnastics club or a therapeutic massage centre. Health centres have been historically directed to the major and minor commercial districts of the City as they have often taken the form of large health clubs intended to serve a large segment of the City. However, there has been a recent trend to locate small scale health centres such as martial arts clubs in facilities that serve a neighbourhood. An example of this is the former church located at the corner of McRae Street and Fourth Avenue which was converted to a dwelling and a martial arts studio. The unit floor area where the health centre is proposed to locate in is about 100 square metres (1100 square feet), well below the maximum unit size of 230 square metres (2489 square feet) permitted for commercial units in neighbourhood commercial centres. Therefore, the proposed health centre will be kept at a small scale appropriate for a neighbourhood commercial centre. July 23, 2007 3 PD- 2007 -58 Minor variances were approved in 1980 (File No. A- 38/80) which granted relief to front and rear yard setbacks, and to the lot frontage in order to recognize the configuration of the property and the existing building. It is recommended that the relief granted be incorporated into the amending zoning by -law for administrative purposes. CONCLUSION: 1. The requested zoning by -law amendment to add a health centre to the list of permitted uses that apply to the NC zoning of the property can be supported for the following reasons: It complies with the Official Plan regarding neighbourhood commercial facilities. The existing building and property can easily accommodate the health centre use and is appropriate for a neighbourhood commercial centre. 2. It is recommended that the amending by -law, in addition to adding a health centre as a permitted use, incorporate the relief previously approved to the NC zone by the Committee of Adjustment. Recommended by: Approved by: Respectfully submitted: A. Bryce /bs Doug Darbyson, Director of Planning Development Ed Dujlovic, Executive Director of Community Services crt J h MacDonald, Chief Administrative Officer S: \PDR12007 \PD- 2007 -58, AM -17 -2007, 6182 Dixon Street; 2017480 Ontario Inc., Proposed Health Centre2.wpd Subject Land Location: Applicant: i�iiiifi :r i 6i i 6 i i 6182 Dixon St 2017480 Ontario Inc. SCHEDULE 1 LOCATION MAP Amending Zoning By -law No. 79 -200 AM- 17/2007 6/20/2007 2:33:25 PM Niagara.," Region PLANNING AND DEVELOPMENT June 13, 2007 File: D.10.M.11.23 Andrew Bryce Planner 2 City of Niagara Falls 4310 Queen St., 2 Floor Niagara Falls, ON L2E 6X5 Dear Mr. Bryce: Re: Zoning By -law Amendment Application 6182 Dixon Street 2017480 Ontario Inc. City of Niagara Fails This application proposes to amend the City's Zoning By -law to permit a martial arts studio on a property currently zoned Neighbourhood Commercial. The following Provincial and Regional planning comments are provided for your consideration. The site is located in the Region's Urban Area Boundary for Niagara Falls according to the Regional Policy Plan. A wide range of land uses is permitted in Urban Areas. The proposed development conforms with the Provincial Policy Statement, Provincial Growth Plan and Regional Policy Plan. Regional Planning staff has no concerns with this zoning by -law amendment application from a Provincial or Regional planning perspective. Please send notice of City Council's decision on this application when available. Yours truly, 6 Peter Colosimo, MCIP, RPP Senior Planner c: D. Darbyson, City of Niagara Falls M,WISWORD\PCWiagara FaIIs\NFzbla1DixonStNF.doc Building Community. Building Lives. The Regional Municipality of Niagara 2201 St. David's Road, P.O. Box 1042 Thorold, Ontario L2V 417 Telephone: 905 -984 -3630 Fax: 905 641 -5208 E -mail: plan ©regionainiagara.on.ca DATE: July 4, 2007 WI ham j. Development Approvals Manager Public Works Department Transportation Services Division Niagara Region TO: Doug Darbyson Director of Planning Development Community Services Department SUBJECT: Official Plan and Zoning By -law Amendment Application Applicant/Owner: 2017480 Ontario Inc. Proposal: Establish a Health Centre (Martial Arts Studio) Within a Portion of an Existing Commercial Building Location: 6182 Dixon Street In the City of Niagara Falls City File: AM- 17/2007 Our File: D.18.04.643520003 (ID# 6033) Regional Niagara Public Works Department has reviewed the above mentioned application. The subject property does not front on a Regional Road or utilize any Regional sewer or water services; therefore, we have no Regional Public Works objection. KS /aw L:\ENGINEERING PLANNING DEVELOPMENT\Vetrone- Carmen \Niagara Falls \CORRESPONDENCE 2007\2007 -07 -04 Darbyson.doc RECEIVED JUL 0 6 2007 PLANNING DEVELOPMENT Planning Scanned Flle: .2 4 7/z no7 To Director of Planning and Development, City Hall 4310 Queen St. Niagara Falls Ont. L2E 6X5 RE City File AM- 17/2007 We the neighbors of 6182 Dixon Street object to the re zoning from Neighborhood commercial to establish a health centre because of the following reasons. 1. The location is too close to resident's homes and being neighborhood commercial limits the hours of operation and noise. The location originally was only zoned on the west side of property and a house was on east side before being removing and present building expanded close to homes back in 1970's. 2. There are only 6 parking spots at this location and in the past there has been cars parked on side of road making it difficult for people backing out of driveways and the location. 3. The sewers on Dixon are not adequate for the existing neighborhood causing peoples sewers to backup at times. There is an existing problem that the city is looking into at this time since January and still no results. 4. It is understood by a former tenant that the new owners of this location also own the property behind it and may try to change its zonin' future. Si. 41 d o G cot, _612_6 I) Planning Scanned File: /9' G 0 7 G —z- K, s CEIVED JUL 092007 PLANNING DEVELOPMENT Page 2 177 a_ A c2</a4A-L X07 Ldv3a3 L I9 1Q'C: /S7 4 -(t i July 23, 2007 PD- 2007 -49 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Niagarajlalls Re: PD- 2007 -49 2007 Minimum Distance Separation Formulae (MDS) Planning Document Updates RECOMMENDATION: 1) That Council adopt the Official Plan amendment and approve the Zoning By -law amendments to add new and update existing policies for the Minimum Distance Separation Formulae put into place by the Ministry of Agriculture, Food and Rural Affairs. 2) That Council forward the Official Plan amendment to the Regional Municipality of Niagara for approval. BACKGROUND: Under the Provincial Policy Statements municipalities are required to comply with the Minimum Distance Separation Formulae (MDS) produced by the Province. Council directed staff through PD- 2006 -98 to initiate the Public Meeting process regarding general amendments to incorporate the Minimum Distance Separation Guidelines into the City's planning documents. The purpose of this report is to provide a brief outline of the MDS and the required changes needed. The amendments have been included in this evening's agenda. The Minimum Distance Separation Formulae Effective January 2007, a new set of Minimum Distance Separation Formulae (MDS) have been put into place by the Ministry of Agriculture, Food and Rural Affairs (OMAFRA). The purpose of the MDS is to minimize nuisance complaints between agricultural and non- agricultural uses due to odour. Based on the size and type of livestock operations, a distance setback between the livestock operation and other land uses are calculated. 4310 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905 356 -7521 www.niagarafalls.ca There are two separate fo r,Ei' ithin the MDS: Working Together to Serve Our Community Community Services Department Planning Development July 23, 2007 2 PD- 2007 -49 MDS 1 which is applied to proposed new developments near existing livestock facilities or permanent manure storages. This formula is applied through official plan amendments, zoning by -law amendments and lot creation. MDS II which is applied to new or expanding livestock facilities near existing or approved development, lot lines and road allowances. This formula is applied at the time of a building permit application. The MDS divides all land use into two types based on the density of human occupancy, occupation and activity: Type A represents the lower densities and Type B represents the higher (e.g. commercial uses, institutional, settlement areas). The Provincial Policy Statement requires compliance with the MDS however the MDS are not considered 'applicable law' under the Building Code until they are incorporated through the City's Zoning By -law. The City's Official Plan and Zoning By -law No. 79 -200 both contain policies regarding the MDS whereas the zoning by -laws for Willoughby, Crowland and Humberstone do not. Amendments to these documents are proposed to introduce new policies where needed and to update the existing policies. Planning Comments OMAFRA has developed these new Formulae to improve and simplify the application of the MDS including a new user friendly software application. In order to apply the new set of formulae amendments it is necessary to remove reference to the previous MDS developed under the Agricultural Code of Practice in the Official Plan and Zoning By -law 79 -200 and to introduce the MDS into the zoning by -laws for Humberstone, Willoughby and Crowland. To date, the City has requested review of the MDS on its building permits in the agricultural area from the Regional Planning Department. Through the recent Memorandum of Understanding for Planning functions between the Region and local municipalities, the Region will be transferring MDS review to the local tiers. Consequently it would be to the advantage of City staff to utilize the newer formulae. Reviews will be performed by the appropriate department at building permit review stage or with applications to change land use or create lots. Current Official Plan Policies The City's Official Plan currently makes reference to the MDS in regards to its policies on the expansion of legal non conforming uses in the Good General Agricultural Areas and for testamentary devise lots. The requirement for new livestock operations and new dwellings to meet the MDS is also contained within the consent policies for the Good General Agricultural Area. The policies currently require new dwellings on existing lots of record to meet the MDS. The policies do not clearly state, however, that the MDS should be applied when an official plan or zoning by -law amendment is being considered for a new land use near a livestock operation. A new policy to that effect is proposed to be included within the Good General Agriculture policies. July 23, 2007 3 PD- 2007 -49 Current Zoning By -laws Policies Zoning By -law 79 -200, under its General Provisions, requires that Minimum Distance Separations are met and, where applied, the MDS setbacks supercede the setbacks of the applicable zone. Most of the City's agricultural lands and livestock operations are located in the southern part of the municipality. Zoning for this area is split between Crowland By -law 1538, Willoughby By -law 395 and Humberstone By -law 70 -69. There are no references to the MDS within these documents and amendments would be required to apply the MDS requirements through the planning /building permit processes. The MDS and Implementation Options OMAFRA has given local municipalities several options to considerwhen implementing the MDS. They are discussed below: Option (a) Applying the MDS formula to new dwellings on existing lots of record. (b) The City may chose not to apply the MDS formula where all or part of a dwelling or livestock facility has been destroyed by fire, collapse, flood, wind or other such event provided that the rebuilt dwelling /livestock operation retains its original setback and density of use. (c) The City has the option of recognizing non active cemeteries as a Type A (non active) land use. Staff Recommendation It is recommended that the City's current policy regarding existing lots of record remain unchanged. The Official Plan currently states that new dwellings on existing lots of record or on testamentary devise lots must comply with the MDS Formula. Ministry staff have noted that, over the last 10 years, there have been no legal challenges to this policy for the 30 -40 municipalities that have applied it. A preliminary review of livestock operation location (staff survey 2003 2005) and vacant existing (residential) lots of record indicates that there would be only 4 lots of record and 14 testamentary devise lots affected by the continuation of this policy in our Official Plan. Staff recommends that the City utilizes this option and includes this exemption to the MDS through its Zoning By -laws. Without this provision, home owners and farm operators that have suffered a natural disaster may be required to go through the minor variance process prior to rebuilding, (in the same location) or, in some situations, not be able to rebuild at all.. It is recommended that the City's planning documents recognize non active cemeteries as Type A (lower density) land use for the purposes of calculating the MDS thus providing the July 23, 2007 4 PD- 2007 -49 agricultural community more flexibility in locating their farm structures by allowing a lesser separation distance. City By -law 2000 -254 recognizes non active cemeteries within Niagara Falls, most of which are in the rural area. (d) The City has the option to apply MDS 1 between existing Livestock operations and new dwellings within the urban area. CONCLUSION: As a permitted use in the agricultural area, livestock operations must be protected from non compatible land uses. Updating the current planning documents to implement the MDS formulae would serve to protect the continuation and expansion of livestock facilities as well as protect other uses from nuisance odour. Recommended by: Approved by: Respectfully submitted: F. Berardi:gd Attach. S:1PDR12007 \PD- 2007 -49, 2007 Minimum Distance Separation Formulae.wpd It is not recommended that this option be included within the proposed amendments. There is one poultry operation within the urban boundary in an area designated for industrial use. In the past, recognition of the poultry operation has been incorporated through planning applications on abutting lands at the request of the farm operation. Industrial lands are subject to site plan control and recognition of the poultry operation and its associated odour can be registered on title with the agreement thus protecting the farm operation and alerting future property owners. Doug Darbyson, Director of Planning Development Ed Dujloyic, Exetive Director of Co�munity Services acDonald, Chief Administrati Officer July 23, 2007 PD- 2007 -64 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Niag araJ CANADA Re: PD- 2007 -64 26CD -11- 2007 -01, Draft Plan of Condominium 6167, 6175 6181 Dorchester Road Dorchester Road (West side), South of Crescent Road Owners: 1251549 Ontario Limited 623381 Ontario Inc. 1. That the Plan of Condominium be draft approved subject to the conditions in the attached Appendix. 2. That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged. 3. That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and granted by Council. 4. That the Mayor and City Clerk be authorized to execute the Condominium Agreement and any required documents to allow for the future registration of the condominium when all matters are addressed to the satisfaction of the City Solicitor. The applicant proposes to convert the existing 30 -unit rental apartment complex to a condominium. The plan of condominium would permit the individual ownership of each unit while the common areas (such as hallways, driveways and open space) would be shared by all the condominium owners. The property is on the west side of Dorchester Road, south of Crescent Road (see Schedule 1). The building layout, open space and proposed new parking /driveway areas are shown on Schedule 2. There are no public meeting or notification requirements for condominium conversion applications under the Planning Act. However, in accordance with City procedures, Staff provided notice of this Council meeting to consider the application to the tenants of the units for information and as a courtesy. The owner ha ded information to the tenants regarding the proposed condominium conversio 4310 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905 356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Community Services Department Planning Development July 23, 2007 2 PD- 2007 -64 Provincial Landlord and Tenant Legislation The Residential Tenancies Act (2006) is the Provincial legislation applicable to all landlord and tenant matters. This Act contains specific sections to protect existing tenants in cases of condominium conversions. Tenants cannot be evicted due to a conversion and have the right of first refusal to purchase a converted unit. Municipal Rental Housing Policies The City's Official Plan states that rental accommodation shall be protected and discourages the conversion of rental units to condominium when the vacancy rate is below three percent. Although tenants' rights are protected by Provincial legislation, the removal of rental units should not adversely affect the supply of affordable rental housing in the municipality. The most current vacancy rate information available from Canada Mortgage and Housing Corporation (CMHC) is from the survey conducted in October 2006. The data indicates a vacancy rate of 5.1 for all surveyed apartment units in Niagara Falls. The subject land is within the designated "core" area of the City where the overall vacancy rate is even higher at 5.9 The CMHC figures exceed the Official Plan three percent vacancy rate threshold and have risen from a total City rate of 2.7 in 2005. Relatively low mortgage rates continue to encourage many tenants to enter the home ownership market which in turn opens up rental apartment units for occupancy. Although it is desirable to maintain existing rental accommodation, the removal of these units should not have an adverse impact on the City's overall rental housing supply. The apartment complex contains two bachelor units, two 1- bedroom units and 26 units with two bedrooms. The applicant estimates that the selling prices for the proposed condominium units will range from approximately $75,000 to $90,000. These prices for the units would provide additional affordable housing options within the City. Regional Rental Housing Policies The Region's Policy Plan states that Regional Council will not support the conversion of rental housing to condominium ownership if the supply of affordable rental housing will be adversely affected a vacancy rate of three percent or more is considered desirable for a healthy rental market. Regional Planning staff note that throughout the major urban centres of Niagara the vacancy rate is 4.3 for all apartment units. The Region is not opposed to the conversion of these apartment units given the vacancy rate in the area. Site Assessment This apartment complex was constructed over45 years ago in compliance with Zoning By- law provisions in place at that time. Currently, the property is zoned Residential Apartment 5A Density (R5A) through Zoning By -law No. 79 -200. The development has legal non- conforming status regarding zoning provisions since it existed prior to the passage of the by -law. Compatibility has been established over the years. However, the condominium conversion process provides the opportunity to achieve site improvements in keeping with current development standards and formally recognize acceptable zoning deficiencies. July 23, 2007 3 PD- 2007 -64 The existing development provides 30 parking spaces on -site for the 30 apartment units. This is below the 1979 zoning requirement of 42 spaces that the submitted plan would satisfy with a proposed large parking area in the centre courtyard. While more parking and some driveway changes may be possible, the extent of the proposed asphalt area is not desirable from a planning perspective since this would eliminate open space and several mature trees on the property and significantly alter the streetscape. The narrow north driveway should be removed as shown on the plan and the main entrance designed to meet City standards. The south driveway may need to be maintained for truck movements through the development. The property is on a transit route and near shopping and the applicant advises of no parking problems. The zoning by -law deficiencies with respect to parking and other issues such as existing lot size and building locations can be addressed through zoning variance approvals. Staff will work the applicant in determining options for a revised parking /driveway layout and landscaping /tree preservation plan for the site. Closed -board fencing should be provided along sections of the west and south property lines where trees and grades would not restrict installation. A widening of Dorchester Road (Arterial) is requested to meet the planned right -of -way width. The designation of a fire access route through the site is required. This development is not within a registered plan of subdivision and the City has no record of any parkland dedication or payment. Cash-in- lieu of parkland dedication is requested as permitted by the Planning Act. CONCLUSION: The proposed conversion of the existing apartment development to condominium ownership can be supported. The rights of the current tenants will be safeguarded through the requirements of the Residential Tenancies Act. The condominium will provide additional affordable priced units to the housing market. The requested conditions of approval are listed in the Appendix. Recommended by: Approved by: Respectfully submitted: R.Wilson:cb Attach. S:1PDR120071PD- 2007.64, 26CD- 11- 2007 -01, 6167 -6181 Dorchester Draft Plan of Condominium.wpd Doug Darbyson, Direc f Planning Development Ed D,ujlpvic, Executive Director of Communi#w Services John cDonald, Chief Administrative Officer July 23, 2007 -4 APPENDIX Conditions of Draft Plan of Condominium Approval 1. Approval applies to the 6167, 6175 6181 Dorchester Road Draft Plan of Condominium prepared by Matthews, Cameron, Heywood Kerry T. Howe Surveying Limited, dated January 16, 2007, showing 3 apartment buildings containing a total of 30 dwelling units, open space and proposed parking /driveway areas. 2. The developer enter into a registered Condominium Subdivision Agreement with the City to satisfy all requirements related to the development of the land. 3. The developer submit a Solicitor's Certificate of Ownership for the property to the City Solicitor prior to the preparation of the Condominium Subdivision Agreement. 4. The developer submit a revised parking /driveway plan and a landscaping /tree preservation plan for the review and approval of City staff (Municipal Works, Fire Services, Parks, Recreation Culture and Planning Development). 5. The developer dedicate a 3.05 metre (10 foot) road widening to the City along the Dorchester Road frontage. 6. The developer submit a request to Fire Services to designate through municipal by- law a fire access route on the property. 7. The developer obtain final approval from the City's Committee of Adjustment for variances to recognize any zoning by -law provision deficiencies for the property (e.g. lot area, rear yard depth, number of parking spaces, number of apartment dwellings on one lot). 8. The developer construct board -on -board fencing in accordance with City standards, where appropriate as determined in consultation with City staff, along the west and south property boundaries. 9. The developer pay the City cash -in -lieu of 5% parkland dedication based on the raw land value of the property. 10. The developer provide five copies of the pre- registration plan to Planning Development and a letter identifying how all the conditions imposed have been or are to be fulfilled. Clearance of Conditions PD- 2007 -64 Prior to granting approval to the final plan, Planning Development requires written notice from applicable City Divisions indicating that their respective conditions have been satisfied. Proposed Plan of Condominium 6167, 6175 6181 Dorchester Road 26CD- 11- 2007 -01 Subject Land K: \GIS Requests\ 2007\ Schedules \Condos\Dorchestermap SCHEDULE 1 Location Map 6 IMPERIAL CRT STOKES ST 4 1 Illialise S. 1:NTS July 2007 REGISTERED LOT 9 L LOT PLAN' 10 114.I4044 IAI' 1:69 L0T 11 o3N u Ir .1Gr1 TOWNSHIP LOT 157 la NZ WWI r oot Lor KFY P� 414 (Td to .GDI.) CITY OF NIAGARA FALLS ADDITIONAL INFORMATION REQUIRED UNDER SECTION 51 OF THE PLANNING' ACT AND UNDER SECTION 9 OF THE CONDOMINIUM ACT 1990 4A1- ASSNOWNONOPAFT PLAN (51-ASS110MMOMORAFTPUII (C)- ASSNOWMOMORAFT AMDI(EYPLANS 4DI- TI0SI5ANESbTLN0RE40ENT4LLDEVELCPMENTOF MUMS 131 45 5140401 0 0 0RArtPUN (n -AS SILO WN ON ORAPT PUAN (01-45SMOWN0001NFTPIAM (M/- MDMICSK 1n- CIArWwn 101 Ma EI101 N G ORAFT PUN (0-AIL 1404101I 44. 9EMICEi AVAAN OE 111 1 -NONE LA140 USE ANA YSI,T LOT AREA 4544 =FE (4.02 Aw) MIlOBLG MCA 4071 SOFT (0.I. Ao) MEMO COIDIAGE 10.3K RIMER OF 04413 30 PARKING 44 SPACES PROPOSED (30 MOW) 4molr .Rm4.y of Mb Drill Pin d Co1do/RIAU%CL5mLTdm. d Part of Lot 148 Township of Stamford City of Niagara Fells REGIONAL MLINICCIPAUTY or HIACARA yr se '751 SCAM 1 20' /10A.... Cameron. II.y•••E K•.y T. H... SURVEYING UMRED LLL1 3770 2007 OWNER'S CERTIFICATE WE NEI®Y AUTHORIZE MATTIEYES. CAMERON. H0' 00 KERRY T. 10001 4 *WV*40 W1ED TO 2U40GT 1142 PLAN 10 TIE CORPO0A1101 OF TIE CITY OF NIAGARA FADS FOR 111051 APPROVAL O.. I.tu.Drr wn■riAlrnOEAr.o Irr.rrrrr.r.ry ..AfIO..r LA.rf414Mr.D Pr sorrow.Hrrao..l.1 SURVIVOR'S CFRTIFICATE I HEWN CERTIFY TIAT THE 1001010ME3 OF 111E LAND TO BE AMMO NE CORRECTLY MOON. a 1. MAmNEws. CAMERON. HETIVOGO KERRY T. HOWE SURVEYING LID Tom on •Ammo IO..rw AN July 23, 2007 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: 2. That Council authorize sta expert to undertake a detailed inves heritage significance and /or valu BACKGROUND: Niag araJ CANADA Re: PD- 2007 -59 Matters Arising from the Municipal Heritage Committee Working Together to Serve Our Community PD- 2007 -59 That Council consider listing the lands located on the east side of Fallsvie Bo d and south of the Marriott Hotel under the City's Municipal R er of Heritage 'r•. es. stigate the cos ring a consultant or qualified ese lands to evaluate their level of if app te, a method of conservation. 3. That Council not er any alteration, modification, or rem. of the existing Pedestria -c agreement on title to the subject property until suc •se as a re.. is received from a consultant hired to evaluate the level of he ge significance and /or value of the property. That Council approve a request to replace the roof over the porch at the back door of the Lundy's Lane Historical Museum, a designated property, with a similar style of roof including gutters and downspouts as the present roof allows water to fall onto the steps below causing safety and maintenance concerns. The Municipal Heritage Committee held its regular monthly meeting on Wednesday, June 27, 2007. Two matters require Council's consideration: 1. Request for Designation Lands located on the east side of Fallsview Boulevard at Livingston Street, south of the Marriott Hotel. On April 30, 2007 Council directed the request by Bernadette Secco to consider designating the lands south of the Marriott Hotel as a cultural heritage landscape, to the Municipal Herita nimittee for review and a report back to Council. 0 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca Community Services Department Planning Development July 23, 2007 2 PD- 2007 -59 Staff met with the owners of the property and their solicitor subsequent to Council's motion. Staff prepared Report PD- 2007 -45 (attached) for the Municipal Heritage Committee setting out the background information and a review of the definition of a cultural heritage landscape as set out in the Provincial Policy Statement. Staff advised the property owner's solicitor, Ms. Secco, and the owners of the property adjacent to the subject lands whom had previously requested to be notified, of the Municipal Heritage Committee's meeting where the matter would be discussed. No representative of the owner attended. Both of the latter parties made presentations to the Municipal Heritage Committee, stating their positions. The Municipal Heritage Committee adopted the following motions: "That Council consider listing the lands on the east side of Fallsview Boulevard, south of the Marriott Hotel, under the City's Municipal Register of Heritage Properties"; and "That Council authorize staff to investigate the costs of hiring a consultant or qualified expert to undertake a detailed investigation of these lands to evaluate their level of heritage significance and /or value and, if appropriate, a method of conservation and further "That no steps be taken by the City to alter, remove or modify the existing restrictive agreements or consider any new development agreement on this property until a heritage assessment has been completed 2. Request for removal of existing roof over the porch at the rear of the Lundy's Lane Historical Museum and replace with a similar structure. A request has been made to the Municipal Heritage Committee by the Manager of Museums for permission to replace the existing roof over the porch at the rear of the Lundy's Lane Museum. Permission was sought from the Municipal Heritage Committee as the museum is a designated heritage property. The existing porch structure was not original to the building and has been found to be deficient in sheltering the steps leading away from the back door of the museum. This deficiency has lead to the steps becoming coated in ice during the winter months causing a safety concern for the staff using the back door. By enlarging the porch roof and adding gutters and downspouts the water will be directed away from the area. This alteration was not seen as affecting the reasons for designation. The Municipal Heritage Committee adopted the following motion: "That the Committee supports the plans to replace the porch roof located at the back entrance to the Lundy's Lane Historical Museum to extend the porch roof out to the side elevation of the building July 23, 2007 CONCLUSION: P.Boyle:gd Attach. S: \PDR12007 \PD- 2007 -59, Matters Arising from MHC.wpd 3 The Committee is seeking the concurrence of City Council on these matters. Recommended by: Approved by: Ed Dulovic, Executive Director of Community Services Respectfully submitted: 41110P- John M MDonald, Chief Administrative Office Doug Darbyson, Director of Planning Development PD- 2007 -59 June 27, 2007 Chair, Sharon Shearing and Members of the Municipal Heritage Committee City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Niag arajlalis CANADA PD- 2007 -45 Re: PD- 2007 -45 Request for Designation Lands Located on the East Side of Fallsview Boulevard, at Livingstone St., South of the Marriott Hotel That the Municipal Heritage Committee advise Council to: a) consider listing the lands located on the east side of Fallsview Boulevard south of the Marriott Hotel under the City's Municipal Register of Heritage Properties; and authorize staff to investigate the costs of hiring a consultant or qualified expert to undertake a detailed investigation of these lands to evaluate their level of heritage significance and /or value and, if appropriate, a method of conservation. At the April 30, 2007 Council meeting, Bernadette Secco requested that Council consider designating the lands on the east side of Fallsview Boulevard south of the Marriott Hotel as a cultural heritage landscape. The area is located at the intersection of Livingstone Street and Fallsview Boulevard and includes lands shown as Parts 1, 2, 3 and a portion of Part 4 on the attached location map which are referred to as the 'pedestrian deck'. Ms. Secco is concerned that a recent property for sale sign on Parts 1 2 and a 2006 request to Council by the property owners to release a restrictive agreement on the lands limiting its use to a pedestrian deck will result in the loss of this public viewing area to development in the near future. Her submission to Council, which is attached to this report for reference, outlines her position that these lands form the last publicly accessible observation point of the Falls (both Horseshoe and American), the upper rapids, the gorge and Queen Victoria Park, and that this vista is linked to the cultural heritage of the city and is of importance at the local, provincial and federal level. Council directed that the matte referred to the Municipal Heritage Committee for further review and to report back cil. 4310 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905 356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Community Services Department Planning Development 'June 27, 2007 Planning Review 2 PD- 2007 -45 A cultural heritage landscape is defined by the Provincial Policy Statements as a "defined geographic area of heritage significance which has been modified by human activities and is valued by a community The value of this area is connected with its panoramic view of the Falls. It's geographic location atop of a moraine along the west side of the Niagara River was instrumental to human use of the area for: transportation (Portage Road); observation areas including a passenger train platform; and tourist accommodations capitalizing on vistas. This area has been given the name "Fallsview which in itself reflects the human value attributed to it. The subject lands would meet the definition of a cultural heritage landscape. According to the Ministry of Culture, the first step in considering the cultural heritage value of a site or landscape is to list it on the City's Registry. Listing a site involves a preliminary review which briefly touches on the required values for heritage designation. Preliminary review considers the landscape in terms of its design or physical value, historical or associative value, or its contextual value to the community. A preliminary review by Planning staff, without benefit of detailed research and data collection, indicates that there are sufficient values associated with the subject area to suggest that a further heritage assessment should be conducted. Values identified include: Historical The lands are located along the original route of Portage Road which, itself is possibly based on a First Nations trail. Also, the area was utilized as a viewing platform for the Michigan Central Railroad at the turn of the century. Associative This location offers a panoramic vista of the Falls that includes the upper River, the gorge, the American shoreline and important built structures such as Rainbow Bridge and Hydro buildings. The lands were recognized as a viewing area worth preserving by City Council over 40 years ago. Physical The lands contain the last undeveloped area of the Fallsview area moraine. This location provides the experience of viewing the falls and hearing the roar of the rapids and Falls without the mist felt at Table Rock and is easily and quickly accessible by foot or vehicle, as is seen today by the number of tour buses making their stops here. Contextual To the north and west of the lands are high -rise hotels and commercial uses catering to visitors. In sharp contrast, starting with the subject lands and southward, the landscape turns into a quieter, more pastoral, naturalized area with the City owned former rail lands and the properties of Loretto, Our Lady of Peace and Mount Carmel. This area has evolved to its present state based on its location along the original Portage Road route, its panoramic view of the Niagara River, above and below the Falls, and the corresponding development in connection to the two. As such, it is possible that the pedestrian deck area, along with the existing sidewalk viewing area, can be considered as just one part of a larger cultural heritage landscape. Further detailed evaluation of the area is warranted to define what is encompassed by the landscape. June 27, 2007 3 PD- 2007 -45 Based on this preliminary review, there appears to be sufficient basis for listing the subject lands on the Municipal Register of Heritage Properties. Listing a property does not offer protection under the Ontario Heritage Act but does note, in the context of any future planning application, that there is a property that is considered to have potential as a cultural heritage landscape with some attributes worth protecting. Listing is a way for the Municipality to indicate that there may be some heritage value in a building or landscape and that further study into its heritage significance should be studied. A detailed data heritage assessment is needed to examine the significance of these lands, either alone or as part of a larger area, as a cultural heritage landscape. The assessment should also determine what, if any, areas should be preserved and what areas could accommodate future development and the form of that development (e.g., height, massing). In consideration of the scale and importance of this assessment, the City should investigate hiring a consultant/qualified professional to complete the study. Should it be determined that the area is a cultural heritage landscape worthy of protection, different options would need to be explored through the heritage assessment process in consultation with the property owners. Conservation or protection may involve a heritage easement with the City or Province, designation under the Ontario Heritage Act, maintenance of the current restrictive agreement on title or land use and setback restrictions. With the restrictive pedestrian agreement registered against the subject lands, there is a greater degree of protection for this area than the surrounding lands. This level of protection would be lost should the City consider altering this agreement in any way and any request to remove or alter this agreement should be deferred until a heritage assessment has been completed. Consultation Planning staff has met with the owners of the `pedestrian deck' land and their solicitor subsequent to Bernadette Secco's submission to Council. Consultation with all affected property owners will continue throughout the heritage assessment. It is also anticipated that the public will have the opportunity to provide input during the process. CONCLUSION: Based on a preliminary review, there is sufficient basis to initiate a detailed study of the lands located on the east side of Fallsview Boulevard, south of the Marriott Hotel and the surrounding area, for the purpose of identifying and assessing their heritage significance and /or value. The heritage assessment should identify if any heritage features should be preserved and in which manner that could be accomplished. Recommended by: F. Berardi:tc Doug Darbyson, Director of Planning Development S: \PDR\2007 \PD- 2007 -45, Request for Designation, Pedestrian Deck area of the Fallsview District 2.wpd .1 1 SEE DETAIL 1 PO4 7 46 4 PAR frOftt (L(,__ 40, 'Avg "ToN y mts) 27. eis PART 4 evr„, ARF.A■2718.5* SO.M. `a 5 9,7 30.4 114.1 N4 97. T6, 139 11398 90.038 PART 3, PLAN 59R-1 1349 FALLSVIEW BOULEVARD (FORMERLY PORTAGE ROAD OR PLANK ROAD BY PLAN 1) (FORMERLY OAKES DR! \E) NAAIE CHANGE BY BY—LAW Ne. 70-111. INST. NO. 125724 (MUNICIPAL ROAD 15514 VARIES) tr) DETAIL (NOT TO 92.22) <,71 SUBJECT TO EASEMENT AS DESCRIBED IN INST. NO. 97878 70..7 N't 126, A, 48 50 AREA5182.5:t PART S. 59R-11395 PART 3 2e, .987 PART 1 9 R-10813 L 11349 1 Note= This sketch la NOT a Plan of Si. SKETCH FOR LAND DPASION•PURPOSES ONLY PART OF RANGES 1, 2, 3, 5, 6 7 REGISTERED PLAN 1 CITY OF NIAGARA FALLS REGIONAL MUNICIPALITY OF NIAGARA MATTHEWS. MIK IMMO KERRY T. HOWE SURVEYING 8850 90 0 10 20 1098 SOL 2005 METRIC NOTE OL"F""71°NA CITY N GARA FALLS DISTANCES SHONTI ON 11115 PLAN ARE IN METRES.AND Cr CONVERTED TO FEET BY DIVIDING BY 0.3048 December 22. 2005 DATE ANDREW CAMERC Ontatle Land Serve! MAIVEN,CAERAHOTooD.RgirtHonSuRiEn 5133 iamak 0.1.1.‘117C1 Rme(105)3:0443 11 Omsk Ihd, St Celtenne telab DR 859(103)1914510 tIre CI1,. T i Tit :PETzON T TA SI .KA PART AM): SUBMISSION TO COUNCIL MIRDER EAVES UNiAnt ACT Abgervgtiron point 'no xew &the world Mem View of the. Fails from Fallsview; loiter' .Thorn the last publicly-accessible ob ervation• park and pedestrian deck *titre residents .and *isitors alike can enjoy n free panoramic view of The world famous nntctfiil wonder of Niagarli Palls, in the F.Iitidtrk d4strjct known as "Pallsview October 1006. PETITION FOR: NEP ITA011 DEStuNATION FALLSVIM April 1 7, 2(307 Pg. 2 (kogle Satellite .414 Area of &tidy 13 11 4 1 A 14:14 i PErlTION 1 HERITAkIE DESMATION FALLSVIVN April 17,2007 114 i his is a petition to iviayor and Conneil to direct R.,taff and the Manicipai Heritage Committee to exert* the powers granted under Part iy and Part V of the Ontariolri4gge Amendment Act, 2005i to:44goate four exceptiotiai and a.fljacen:t properties. and .the air tights above two fnunielpaily nwitOti-Opliertieis within the FallavieWareaof the Witinioipatit• of Niagara RAU, OnntriO N ,i)tktkapes" <Jr cultural hoitagc value and. interest, and of tecal,.proVitieial and natifMal signifliAtnea,Pttrther, the designatiOn Is :petitioned as a mettOttre of protection from the oWnere '..eitIteaSe.43plattS fnr.ednartictitin and tKvinpAthigie attOtlitiOn laur4tittillhe„Oossible sale of 1 -aatl atiikflittliftta'Ethatgag tI pede#toiao.. comprotalsa this taltpral Landscape. two e s of land vhicl detertabii* (a) Fite 14#4: has direct Ott ntniinif cor 44 4;1 prc Am {6. Thottgiu The Official Website .of:Niagava-faijs states the ,perleatriatt heritage value intereSIW' 'tkr.g:ose Act. 10 3 4# 1 0$ Aittltinit 111 ii rte COMMlifift MIWe tt i wftpa Meterofthe::1 aftd historica' s f1t, SatNrY Jirtfie purix)ses-of ThO Falls at Niagara (iite fatialtrt iagtwa Falls are the instittifim aolVatest significance to the distriot tf fitalsvivw and the eCirlitatinfcy0Niagara Falls. Almost 44 ftifiliert tourists come to view the Fab Oath year, making tonriana'the eity's m or industry. "Niagara Falls has ofterrbeen called "the world's most famous address." "Niagara Falls, and the surrounding Niagara Region, has evolved and grown into one of the world's foremost travel destinations. Nearly 1-4 million visitors a year agree!" 'rile district in which the properties are located is known as "Fallsviee. Until recently, Fallsview was the ultimate point from which to observe the Niagara River flowing over the Canadian and American Falls through the gorge towanls whirlpool rapids. rtarrioN FOR HERITAGE DESIGNATION FALLSVIEW April ER, 2007 Pg. 4 In I837, Niagara Parks Commission (N PC) was incorptrated. as a Provincial Crown Agency. From their wehsite: "The Niagara Parks Commission was founded with the mandate to preserve and enhance the natural beauty of the 'Falls -404 the Niagara River corridor for the enjoyment of visitors, while Maintaining iiLir financial self-sufficiency As guardian of anatiortal trost, we are mandated- 10 preserve and commentoratc.thehistorical, cultitral and enviro.nittentalsignificance Othe. Niagara iliVer.corridor." The :infraerlirtte ohjeetive 8**; to protect the area under NPC...joisdietton OM a repetition of the V4.tatiln:P*ate of the past. To .date„ exercised its Thantiate ovati441 an FnIffp:Ot :the trills known around tile However, the ;:iSltc•'`& nrisd ictiun i,foes ePtlf eitt$41o•riteNtiSview pedestrian deck. Ihecities on both aides of The Niagara River are named gart P44$ afterthe Falls„ th 1 ht sign Mean= oi the onnot be considered-in thc on340411h$ green space: The Foils ha *4'.e dtghtnetc* developrnenr. and. Nib0 ine as N.PC. the 1.41) de: Maier repeated the side. Togetlitit'e;, hoi'. the Fallsariesiitained by nature in ari iriterni the itNiagara Fal .104terfe This is,..what to ur e.-Vver W.144. a tltactjc 01iO404 Victoria J'ark and he 00- 040100 of the fiIIing water 1 arid 444 toe to tOs4 Pedeatrittnis egilt offer* the "Niagara. 400.- ex.Periet*e. l* the COO* Ord Americo fifdlaithe rivoe paiiiiditreen space, roar of the fatik itxia sky. Looted qt t1e:40 the eseartanetn, the view from Patlavie* includes a sense of emit,* iriver something that iS not part Of the Vioviag'eVcrience at Table Rock, or along the pathway, frean Marro 1-1111 or Clifton Photographs and drawings of the Falls are used arOnnd the work to identify the city., the province and Canada. The NHS are as recognizably Canadian as the Canadian flag., The Pais are the most significant attraction to the city. Tourists come to Niagara Falls expecting to experience The full partoratnic view which they have seen on television, in movies, in print ads and books, on the interact ete. Therefore, it is essential to preserve the open pedestrian .deck from which residents and tourists can enjoy the "Niagara Falls experience'. Attached hereto at Tabs 1 and 2 respectively are true copies of the Niagara Falls Tourism-Visitor and Convention Bureau web page "Welcome To Niagara Falls" and the Niagara Parks C'ornmission web page "Corporate Citizenship". RU111019 FOR 11F.R Fmk: DESI(INAT1ON FALLS ViEW April 17. 2007 Vg, 5 (ii) Historical vgl From the Official We •site of Niagara Falls!. Niagara's ascirtating history and ric,11,,etiltural heritage is the Rnmdation fir Many interesting discoveries today. Our past sets the tone for ow present, and you will find nuttlyplaceS to see and things to do, -giving you :memories to int a ifethae," The streets in Ealisview were originally :tarried 13 Avenue; Murra• Hill, Robinson Street, Allendale and .1/itnu -Street, in honour of the men responsible for first developing the area in 1833. Oakes 1 )rive-/Wo1owledged'-$1r Harry Oakes s cdithibutions to Niagara Falb. The :pcdeSti-lani-tieek'overloolis portage 'i1 the trail along 'which the First Nation's woad *****iheit:otatoo...pgAt first King's Highway -.in Lipp* Canada running fitorn. QtteetiOffiti„.ap-i mid -south to ChippaWa located on the 1fpor Niagara Rivr. Trona .vfo4jttltqp:*t-a:.'p:WfOtm 'jot*** cat of the present pede4rian deck. This a art °Marta/14y :for4041:4004*.o.iAlovv.ttle-;fis4 het***Ittuitv Otrtheitiourit*;.. :1 TiO :Yearg,*ps-:',itt0140i49- ben er aecorn 1 0 new Fallsview Casio, .Portage Road, Oakes Drivt* ed Fallsview .recognition of thearea.'sgr*-. 010 view '0 Fallsv Tim art dr Siagilfli f# intinint1y -C.4ttiSted*tb the ability of visitors to view the Falls. The laud and'air rights of the two Properties haVOIMociative value because they comprise the platform from which resitierits and visitors can access the view of the Falls from Fallsview at no cost, and, without any vising nastrietions. At this time, !then :4 development in the air rights above the deck, or on the lands in front of the pedestrian deck, or ittioVe the sloping lands and the railway lands. This permits An unobstructed panaratnic si front- the observation deck of the Falls and both directions ofthe River: Many Fallsview Tourist District businesses Make use of "Fallsview” in their name as a branding and marketing tool. "Fallsview" clearly defines their location and attracts customers to their establishnients by appealing to the tourists' interests in viewing the Falls. Some of these businesses are: Best Western Fallsview Doubletrec Resort Fallsview Niagara Falls Embassy Suites Hotel Niagara Falb Viiiipiiew ("A Suite View ofthe Falls") Fallsview Horne Ltd Fallsview Inn Hilton Niagara Falls Fallsview Hotel Marriott Niagara Falls Fallsview Spa Niagara Fallsview Casino Resort ("...single largest provincial investment ever made in the Niagara region, .PErinON FOR HERITACIP DESIGNATION -FAI,I.SVIEw April 17. 204)7 Pg. 6 Niagara Fallsview Weddings Ramada Plaza Fallsview Niagam Falls Hotel RenaisSallcV l'altsview Rodeway FaliSView Sheraton Fallsview I Toter And Conference Centro Travelodge Fallsview Court. Tlibmsorfs email address is: wthomson@fallsviewgroup.com (iv) t.; ontaxtuat.VaisL The propottioa. because together they are the last area of free public *Tess t. Me 'Agnotaftik .4t14/01 ':tit; f the area :knOWn.:*, ithotit. dik: view* "Fa:1IsA*3w" •vvcaltd- ilatgher.exatopte of a platettatneitafter sontething that haslreep it.rSt As the only -availabW tat titora view- itioas the estaipmentirnoWne .fallsview, the properties ari pI 'functionally,. visually and historically linked to :::.their: niiroundings of FallSvieWintt:the 1u1 Is. The Mark froVineiet POW Statetnentls,d4finititM.Oreuitural HOtap Landsopo:W: defined area of hcritage significarice *lottifo :ham modified: hy hurnan -:40tAittics and is va v011.014 ti) 15.08141) The lands and assoOiated air rights form a slim triangle Em the east side of Faflsview BOrtlevard in the south FaBsview are immediately south of the Marriott Hotel and north of Loalto Academy and across the street from the Sheraton Fallsview Hettel.. Environment The location of the pedestrian deck means that it has a long history of involvement with the irst Nations, early settlers, the birth of the city, the trains allowing their passengers to view the falls, Loretto Academy, Mount Carmel and Our Lady of Fence, the Burning Springs tourist attraction and today's commercialisation of Fallsview. What was once a view of the Falls front a primitive platforro looking through trees and over a fence of rough boards, is now a cleared area of interlocking bricks and chain link fence with clear sight lines. As the human influences at the Falls and in Fallsview have increased, the Falls have become more popular with the number of visitors increasing to 14 million and high rise development in Fallsview has crept to the boundaries of the pedestrian deck, reducing its size. Restrictive covenants Were and continue to be needed to protect the pedestrian deck. PETITION FOR HERITAGE DESI.GNATION PALISVIEW April 17. 2007 Pg. 7 Arguably the greatest Value for recognition and protention, is. aesthetics. The pedestrian deck allows residents and visitors alike the opportunity to embrace the NiagarnFalls oxperienee ie. the view of the Niagara River and the Falls, the parallel greertspaees, the sounds of the Falls, and the sense of wide-open space from the boundless open sky ahoyeandbeyond. However, the :pedestrian deck is also valued for its history and the economic benefits it brings to Niagara Falls by providing another venue for vowing the Falls and keeping •tourists in the area a little longer. Mettechella Brothers Land rights: City of Niagara Fall (People Movem/Grand Boulevard) #4 le Air rights: Niagara 21 Group (above rail lands) :#4 Land/Air rights: Niagara 21' Group (sloping lands) #3 Land/Air rights: Niagara 21' Group (pedestrian deck) The pedestrian deck is the pink triangle. e. land Witt tdr:rtglrit of the larger pink patilen(ini the let) plus the Janda shaded In yellow #3) and the air -right shaded in orange (44) are owned by Niagara 21' Group Inc. Ohrmerly named Fhe land and air fights of the smaller pink pi» n of the point) plus _the land and air :rights shaded in googol) and the air rights sirJ 4 bill.4 are owned by 2100422 Ontario Limited. flie land ghtiOnd orange (#4) and blue (112) re d by t railway lnnds. 4 Municipality and are fOrtner Land: City of Niagara Falls (Peppk Mover/Orand Botilevarri) #2 O Air rights: 2100422 Ontario Limited (above rail land) #2 1..,an.d/Air: 2100422 Ontario 1.4nited (sloping lands) #1 Land/Air: 2100422 Ontario Limited (pedesnian deck) KTITION FOR I •IFR !TACT DEgIGNATION FALLS VIEW April 1 2007 Pg,8 The pedestrian deck is curb height along FallaView Botilevard's length. The area is finished with interlockingbrick match the sidewalk. At the observation point, there is a black chain link safety Fence that does not block the view at the observation area and pay-for-view binoculars. The interlocking brick sidewalk continues south of the deck and ends in a dead end. This deck and sidewalk vary in width. The lands comprising the pedestrian deck are subject to rOsttiotions registered on till& Basically, the owners were granted squatters rights without the right to build on those lands, According to a 19163 agreement between .the Municipality and a previous owner, Titer ilo buildings other than a pedestrian duck .shalt be #re,pt4 on the fancls.„ 'Muttons run witkiteland with the intent that thei,c0 hind Th Qw,Ifft and tis itiOefAsetris in tide- tuldthe if it :sells:**-latids affected by this Agreement or any part -thereof restrictive e6venatit thoreofin every gotImApoe made the app..rowialolOttetioluldpenditig qpptutt*lo64#00 oftheta-Ws The Nfortotp.lity xarnted the land and air righti.. pinpose comer and maintaining °4614 eultural heritage fature pe.to-iiiiit$ its destruction orAori4 and Ostolortlee amess t4tho..:,*k for residents and visitors. When-jtirettagii4g2. MeneChilla BrOthera were -aware ofthe obveliatila on the land and 40:fieitg.. Their options Were .10 opt nut Of the sale, or to ettalleageAlte covenants or to 000-14sp and ll000titithc foottiptd9q. Thv;:r4t4dOtlY-0 covenants 0r.1 ltti.1444 and air tights Age: :thpt.psettt owners whenthey"ptitihnsed lands in 1.98% that ne buildings other titan A pedestrian deck shall be erected on: that part:Of the lands, (b) „ally inch pedestrian deck so erected shall be maintained by the oWnet and made available to the free of charge at all tintes..," Further, the Municipality and Meneehella Brothers Limited: acknowledge and agree that it is their intent that all the terms, conditions and covenants contained in this agreement shall be covenants that run with the lands and that burden of such covenants shall he binding upon Menechelle [sicj, its successors and assigns and successors in title and owners from time to time ofthe lands and any part or parts thereof and that the benefit ofthe said covenants shall entire to the City, its successors and successors in title of all reads, streets and public lands forming part of or abutting on the said lands." 'PETITION roe LIERITAGE DES1ONA rroN FALLS April 17. 2001 Pg. 9 In 1997, the:owners agreed to provide the 'Mueicipality with a Site Plan Agreement including "a C101,1130 prohibiting the construction of any structure or fence on the subject lands". In March, 2006, a Planning Development report to the Committee of Adjustment (regarding a Consent Application affecting these properties) explained: "The former railway corridor is part f1ie City's planned Cirand 1:30elevard/People Mover System through the tourist area, These applications do net jeopardize this Official Plan goal." The report entcludal thetthe City of Niagara Falls would have no objection conditional en: "The appliettet's solicitor stibrnit alatter le the City's satisfaction aektiOWledging that the terms Of any egreetnents registered on title are:appliCable. to all future separaiet*lpetty owners...." The- yellOW:(4(3)and green (Al) lands Oat the pedestrian deck (pink) and'alope innek. to the .east e to)ivatds'ftheNagara River. Fho ar-Oei**1 in naturaily growin weeds and small shrubs. There is:soot404e These lands stope ;below thafevel Of the pedestrian deck. They end nt 4w :former railway ltaids„(0.440-:(A4) and blue (#2). 7 pe r.eilvyity lends..Were purchttaed-bylhe 1.040161001ty Mt the parpeeedfOnOrtietiog. a public transit andipeclestrian system ie The Pe4le 'YVIO4f/Prititit •Oulevard. The air rights above the former rallWaYlands are owned Niagara 21" Cirealp'Ine. and 2100422 Ontario Liinited. respectively. Attached heretootritba.A, 4 and 5 resp a-riAto.o.opy of the 1963 agtrement.:desoribing the pedestrian tot and the tietiteelons 41 Nfoora ealis jigteL1-97-04 repealing By4irao 11.44 '„*fith aitagreentenirby700: 'Limited prohibiting COristretetion,. the 1991 Agreement Reje**g ,emern with IVIV. purchase by :tittnechella Brothers Limited agreement limiting .1nn ttia pedestrian deck .F 2 1 St A k jay T Despite reetrictive covenants that are .regigtered on title and notwithstanding the owner's clear understanding of the intention and continuance of these restrictions, on September 13, 2006, the owners through their representative asked the Ntunieipality to release the lands from the conditions of the "Pedestrian Deck Agreement". Once the release was granted, the owners intended to submit an application to rezone the lands for a proposed 30 storey hotel tower expansion to the existing Marriott Niagara Falls Fallsview Hotel Spa. The owner of the pedestrian deck in September, 2006 was 709021 Ontario Limited, owned and controlled by Niagara 21 Group Inc. At that time, Niagara 21' Group took the position that releasing the lands from -the registered restrictions did not require a public hearing. In their-opinion: "This is a matter that should be dealt with expeditiously and does not require to be processed through the Planning Act requirements," Attached hereto at Tab 6 is a true copy of a letter dated September 13, 2006, from the solicitors for Niagara 2.1 Group Inc. PEFITION FOR HER RAGE: litiS1QNATION FALLS•VIEW April 1 2007 Pg. ID (i) PD-2006-82 The -Conclusion of staff report PD. was that. the triangle of lands of the pedestrian deck. are subject to the Pedesnian Dock -Agreement, are designated as Open Space in the Official Plan and that removal of the PedeStrian 'Deck Agreement required public process. "Maintaining public viewing areas of the FaHs and protecting the views of ather private •rop.erty owners are relevant planning considerations, The ()II Pati figure 3, reiriforces the significance of this property as. a public yio*fit.gfilta by designating it as an (Ten .space -plaza 44/ached hereto at Tabs 7: and itspeelively are a true copy al the March Z 2006 .vt4g ?eport on the 1.7anserit Application* 110612001111YF B07/2006/NF sopembep 25, 2006 staff report 20.06-82 Pe9P W. AF1 1 In 2004, railwav la l i t l e r e i P a r t h a t e d a n d theA 1( for .$39.5M(Ibnded:15.y. Pails 1lIu19g&T1J1t C.* ('ity. of Niagnru FOS) along with $204 from ItifmstruOtti4' *fa WaS for a PrOPO40.4.0 ktii ptiblic lranportation systtin and 040fitriatt walkway,. 1 'rite public 'Oa 'foil 4 Y4-4t). iii34..tIat constructed but is known m. the Peu Mover. One of the:O 44O il rriffrio The Municipality People Mover to .a0rate th tourist Oarrhioroata#01 to the River front Iiitarm.0114 Falls, along the Nhigaraz c tide' fi :pr :rtt likurri Fells tourist areas, ea.* aatilie parking, the VIA *dn station e and bus tertifittial, The pedestrian walkway is referred to as the Grand Boulevard, It is intended that -the former railway lands will be davoloped as a walkway from otie established tourist area, Clifton 'Hill '.`The Street Of Fun" to another patablished tourist area Falisvie* and the new Niagara FallsvieW Casino Resort. A sign has been posted indicating the sloping lands (green #1.) and air rights (green #1 and hlue #2) are available for purchase from 2100422 Ontario Limited. Development in the air -.rights above the Municipally owned lands (blue #2) could negatively impact or cancel The People Mover/Grand Boulevard mieet. Development on the lands parallel to the Municipally awned lands (blue #2) could negatively impact or cancel The People Mover/Grand Boulevard. The Province of Ontario's Bill $1, Planning And Conservation Land Statute Law Amendment. Act, 2006 (Government 13i11) received Royal Assent on October 19, 2006. Some of the amendments included in Bill 51 are (emphasis added): "The list of matters of provincial interest in section 2 of the Act is expanded to include the promotion of development that is designed to be sustainable, to support public transit and to be oriented to pedestrians. PETITION FOR HERITAGE DES:uNA [ION PALLIWIEW April 17, 2007 Pg I Requirements for puhlic noticenformation and consultation are enhanced." ci Properties For Heritage Desimation FOrMer Railway Lines Pi/rohasecl pr"Th People Moverierand BOnlevarci ki IfiP0.1 N g ..—DtS;VVI o 4:4 m&ozyrst o. $tf It appears :RD 51 will require001k input 'n any apPlibatiOnfor: e:retrOval of the Pedestrian Deek-'43:00nitent and that Bill 5:1 404s:ha ..0 Support any i10 lam* Which would nagati:Vely affect the pedestrian afif:pLblie-traosit proposals of "rbe Kovefkirand Boulevatd. .Attached herekat 7.04 9 and 10 reveotivgily of the .1:01terttnientin fekas.. setting ani the need purchase and nre-e:e Miner and the City of Ntagghl PaN web page People (iii) ply,ironmental PI:OteCtiop:Area The Niagara 2i Group Inc. and 2100422 :Ontario Limited properties are on the Niagara Esc arpnient. The Niagara Escarpment is an Environmental Protection Area. In 1990, UNESCO named Ontario's Esorpment a World Biosphere Reserve. This recognizes the Niagara Escarme•nt as an internationally significant ecosystem for its speoial environment and unique environmental plan. The it of Niagara Falls is at the south end of the World Biosphere Reserve. Unfortunately, UNESCO protection does not appear to extend to Fallsview, (hi__ city OrNiagasafallsiDevelopmentStrategy In 1998, the Niagara Falls Tourist Area Development Strategy (TADS) was completed. On July 13, 1998, City of Niagara Falls Council passed an Official Plan Amendment 26 (2000) intended for: "...the creation of a world —class destination a modern urban centre at the heart of the world's most beautiful landscaped settings and natural wonders" PETrrioN FOR HERU'AGE IDESIGNATiON FALI•VIEW April 17. 2007 Pg. 12 The Park in the Citc, An integrated People Mover System Grand Boulevard Concept on the Rail Corridor New Casino Development. Building Quality and the Emerging Skyline The official :City of Niagara Falls website and economic report for October 2003 to March, 2004: "Since the adoption of the TADs [sic] guidelines, Council has considered and approved 12 high-rise development application 'fslic) in the Clifton Hill and FallsView "fourism :Districts." Previons cotinci IS: and planning decisions did not adhere to TADS reconkrnendoloos on the developMent attic Brahasay Suites/Marriott eortiplex, As :a result there is now an tuilitOken•wall of approximately l20nii along the moraine instead of theTADS recommended rnaximurn :ef 60m. There are 1000 hotel units; restattrints and amenities instead of the 600 proposed milts, 11140 is no TADS recomtnended 2rn separation ,hetween toWers. The Ohjeelives of TADS have been defe*ted. Today, because of this wait the only place remaining from which to view the Falls in Fallavistatethe lands 'rest/feted by the Pedestrian Deck cement". Properties Pot Historic Designation Approved &Built Out ri Development Sites FellsvievrCesino Niagara Falls River 10 Niagara Parks Commission Lands 4 Fallsview Boulevard Fallsview District Proposed People Mover/Boulevard To further this objective were five foundations: As of Auglffif 26, 2001 PETITION FOR 1111A1TAGE DrsIQNA rioN FALLSVIEW April 17, 2007 Vg. 13 Attached hereto at Tab 11 is a true copp(?ity qf Niagara Falls Business li'cortonitic Report pages 7,8 published .pecenther.2004. ay) Public Input The 'last seven year s have seen unprecedented development in contradiction to the TAI)S. 1)tiring this :time, the hotel owners and developers have remained relatively silent so as to not comprotnise their own anticipated future. developments. h appears that if there is any way to prevent the lifting of the restrictive eovertantsr"Pedestrian Deck Agreententr, it ilJ have to. be a publk initiative. There are individuals :arra several committees prepared to stipportthe request for lloritage tfeaignation of these lands. A petition is being circulated inUrnatiottailli,toOd more strength to the ritibibers. Allaohed herOto at Tabs 12 and 13 wpectively are true copies af a Niagara This Week article 'Hotel Plan Riles Graup" dated &menthe) 29, 2006; and 306 names front a &freak:ging att4frie worldwide petition agaitratthe pi* G.,'f444ytit* MICA FEW; cJ eelopIT1ent of these lands wiIl pernianentiv eliminate the :last termini-0g street opport.urtifoei*Identi abd tourists teirribrage'.(beiratiob coveted psnortimic view of the Falls from Fallsview; at no cot. and the view vvihild become *ailable exchtsivelY to life rich *W. hatrilediragly•41941).- nt the podastrfat deck is the Marriott Niagara !Pak 'Fidisvie* Spa Ids() owned h Niagara 21 VIroup lrtc. Its‘ webaite it i located just 100 yards from Niagara Falls...." 'the hotel is arOacent to the new ;Pallsview Casino..." "The hotel boasts 432 Fallsview guestrooms overlooking Niagara F411s.„ Breathtaking Fallsview Dining awaits you at the brink of the Falls ...offers 'unparalleled Falls views from every table." A guest testimonial reads: :The view from the room wa bsolutely breathtaking...." The rooms are promoted as Fallsview Guestrooms ..,boasts a:n incredible panoramic view of the Canadian Horseshoe Falls and American Falls. Located' on floors 3 Wake up to-the beauty of Niagara Falls! 7, PAL 42221cAtil true adujt. one taisbtat5g, eitibeiaagagf& "Canadian Fallsview Guestrooms a full view of the Canadian Horseshoe Falls. Located on floors 3-7. Experience the best view of the Palls without leaving your room!" Cost: S419.9 5 CA for one adult one night on September 30. 2006 PETITION FOR HER rrAcE,DESIGNATION April 17, 2007 Pg. 14 Across the street .from the pedestrian deck is the.Sheraton Faltsview Ho el and Conference Centre. According to .its Website it is located jusr 3 GO yards from the edge of the breathtaking and legendary Niagara Falls..,With unrivalled -and convletely unobstructed views we won't he surprised if you never want to kayo your room!" One of the rest,attrajits is called "A Cut Above Steakhouse and was formerly known as the f'allsview Dining Room; "Witht beautiful panoramic view of Niagara Palls as your backdrop...," 111* Sheraton Vallsview ,14lotei Virtual Tour shows the present view from the second floor Observation Deck. With the exception of the few rooms overlooking the city, the view of the faits Figures prominently in theohtflegraphs Of the diffeirent rOoln deSigns. The rooms are nOirtised as "Preirt4itn:PailtwieW Family Room offers a completely unobstrutted ofboth the Atrterieun and Canadian Faik C r t t t t V 4 g i 9 4 0 c A fit'Oneaditliotter e i 4 1 1 1 ou 04090 11. LAN Boom tee(tjad*Oln the 5th to the 13th floors-and nn ititOdiliie view of:NStira Pas from the floor-40 ivalk;Oilt NW win 0 CA Conference rooms at the gherattiti Pallsview are wooed 'Hennepin" in honour of the first white man who recorded Ageiog the F1I "Huron" in honour of the first peoples of the area "torette for the celebrated girls wool n Fallsview and ''Oakes" aher Sir Harry Oakes who Was verY generous to the City of Niagara Falls, Attached hereto at Tabs 14 and 15 respectively are true copies of the Marriott Niagara Falls Fallsview Spa web home, accommodations and dining pages, and the Sheraton Fallsview Hotel and Conference Centre web pages of the Hotel Overviov, A Cut Above, and Observation Deck. TS E0 On or about September 23, 2006, a For Sale sign was posted on the property owned by 2 100422 Ontario Limited.. It advertises that both thelandlair rights of the sloping properties and the air rights over the former railway landa are now available for purchase and that the area is zoned PETI rION F'C!t IER RACE DESloNA rION FALLSVIEW April I 7, 2007 Pg. I 5 PETITION FOR l'IMITAGE DESMNATION FALLSVIEW April 17. 2007 Pg. 16 The existing pedestrian deck at Fallsview is a Cultural Heritage Landscape because of its cultural heritage value and interest as defined by the Ontario !foliage Act Part IV and Part V. Its municipal, provincial and national significance and should he:protected. The properties are at risk of unsympathetic alteration, possible sale of the land and ak rights, and construction contrary to existing restrictive covenants. The properties are: Physically, functionally, visually and histeriCally linked to their surroundings 3. Significant to the community Historically and contextually valuable AssOeiated with the Fallsview district 5. Outside Of:the .protective jurisdictian nithe Niagara Park Cominission 6. Signireatit tO the plans for a Imblic transit system known as "The People Movaim and pedattrian corridor known as the "tiOndr:/)Onievard". The owner.; 7. Acceptedlhe mstrictive Qovenatits when-they plirehased the pre:petty Have offered tbr purchase land and air ifilbte for Tourist Commercial cl iepreitt, Any deyelopment of these rights aphid; negatively impact ofe s". experience-aid The People Ivloyetletand proposals 9. Propose a.:3iNstorey development on the site that would make the vieW:'.pfihe Falls fretil the Pallsview district only available to those who can afford the 4 "of rooms Priced over $400.00 CA per night 0. Cannot design and build on the pedeslrian deck., sloping lands and railway air rights without affecting the "Niagara Falls experience". The experience is enhanced by the unrestricted open space offered by the exiating.site pedestrian deck I I Plans to build will permanently eliminate the last free public pedestrian observation deck from which to view the awesome totality of the Falls from PallsvieW. Mayor and Connell are requested to take action to protect these properties in perpetuity by way of a Cultural Heritage Landscape under Part IV and Part V of the Ontario Heritage Act. Respectfully submitted, Bernadette A. Seco° April 17, 2007. 4825 DMARU ANL. P.O. 81 f/ MAMA F4IU9, OA CALM LB 698 m 1 FAX (806) Z1.6904 beedee rppeWre aon ».111011SUCE 444 It a� a na h •1 ARM ].1l. RUM RA. AMMAN LK WM= aue.ckmneetrr..ok L D.MINS RP. LUSTIG M. DIIAIROLANO D. P.11A .L1 (1816 1 June 26, 2007 City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Attention: John Barnsley: Dear Mr. Barnsley: BAllKI�ICK� MrW Juui uurta Broderick &Partners LLP Effective legal service in Niagara since 1951. Alk Nanning File: 2,24//4/4 Re: PD- 200746 Request for r 4 of Mate S Air Right Easements Abutting Fellaview Boulevard, South of Marriott Hotel, Niagara Falls Our Filth' 0783__6_3___ Further to our letter to you dated June 11, 2007 and the Staff Recommendation Report dated June 27, 2007 (which we received by facsimile transmission on June 22, 2007), and our further telephone discussion, this shall confirm that our clients oppose the hiring of a consultant or a qualified expert to undertake a detailed investigation of these matters. When this Staff Report is presented to Niagara Falls City Council, we kindly request that you advise the undersigned in writing in order that we can make a brief presentation to Niagara Falls City Council at the same time. We therefore kindly request that you advise the writer when these matters will be presented to Niagara Fails City Council. We thank you for your attention herein. Yours ery IT M. ILBERTI I 1.1 S LLP c.c. Mr. Victor Menechella Mr. Cosmo Menechella RECEIVED JUN 2 12007 PLANNING DEVELOPMENT JUL. 17. 2007 11:53AM SULLIVAN MAHONEY NO. 179 P. 1 July 17, 2007 via fax #905.356.9083 CITY OF NIAGARA FALLS City Hall PO Box 1023 NIAGARA FALLS, ON L2E 6X5 Attention: Dean Iorfida, City Clerk Dear Sir: Re: PD- 2007 -45 Request for Designation Lands Located on the East side of Fallsv iew Boulevard at Livingstone St., South of Marriott hotel We act as solicitors for Romzap Ltd. This letter is to formally advise that we support the recomtnendations contained in report PD- 2007 -45 and respectfully request that Council approve the recommendations. We further advise that we reserve our opinion as to whether there are any heritage features which ought to be preserved under the Act pending the completion and review of the consultant's report in accordance with the recommendations. We thank you for your attention to this matter. Yours very truly, SULLIVAN MAHONEY LLP Per: r ;Thomas A. Richardson TAR:rhh V.F. Muratori, Q,C, J, Dallal M.J. Bonomi J. Clarkson .40 Queen Street, P, O, Box 1360, St. Catharines, Ontario UR on Telephone: 90S- 68S -665S, FaesinAile; 905 688 -5814 4781 Portage Read, Niagara Falls, Ontario L2E 6131 Telephone: 905 -357 -0500, Facsimile: 905.357.0501 P.2, Bedard D.A. Goslla Q.W. McCann B. J. Tr uit GA. Wiggins J.M. Gotdi S..1, Pram! 5. Maley R.z .3e0.1..."�- S.l BA.RRYST ks SOLICITORS .Please reply to the Niagara falls Office P,T. Banweli, Q.C. AB, Culliton C. D'Angelo M. Leseak Of Counsel (C4nVnettini Lew); M.D. Kriluck T.A. Itiohardson J.R. Bush R. Vacca N. Paduraru E70 1711:55 P.M. Sheehan P.A. Mahoney T. Wall C. Sink McKaig BA, Macdonald K.A. King P. Lawrence July 23, 2007 CD- 2007 -16 Niag araf CANADA His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: CD- 2007 -16 Application for Compliance Audit RECOMMENDATION: That Council consider the request for a compliance audit of the 2006 municipal election campaign finances of Wayne Thomson; and Based on the fact that the violation has been rectified, that Council reject the compliance audit request. BACKGROUND: The Municipal Elections Act, 1996 enables an elector, who is entitled to vote in an election, and believes on reasonable grounds that a candidate has contravened a provision of this Act relating to election campaign finances, the opportunity to apply for a compliance audit of the candidate's election campaign finances. Council must then decide whether to either 1) grant the request for a compliance audit; or 2) reject the request for a compliance audit Applications may be made to the Clerk of the municipality within 90 days after the candidate's filing date, setting out the reasons for the elector's belief. Councillor Thomson filed his financial statement with the Clerk on April 2, 2007 and at the same time turned over all surplus funds remaining from his campaign. An application for a compliance audit (attached) was received in the Clerk's office on June 28, 2007, within the 90 -day period. The applicant, Bernadette Secco, is requesting a compliance audit of election campaign finances of Wayne Thomson, candidate for the office of `Alderman' during the November 13, 2006 Municipal Elections. Financial statements, which are filed by all candidates after a municipal election, are public documents. These documents may be inspected by any person. After just such an inspection it was noted that there was a campaign donation accepted by Wayne Thomson from Mr. Michael Irvin, who was listed with a Pittsburgh, Pennsylvania address. The Municipal Elections Act does state that any campaign contributions received by a candidate must be from an in®ividual who is normally a resident in Ontario. Once this particular donation was br• tb the attention of city staff, Wayne Thomson was notified through his accounts 1 Haskin, to clarify whether or not the individual who made 4310 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905 356 -7521 www.niagarafalls.ca the contribution -ed a resident of Ontario or not. Corporate Services Department Working Together to Serve Our Community Clerks July 23, 2007 2 CD- 2007 -16 On June 27, 2007, a letter was received from Mr. Haskin, cosigned by Wayne Thomson, indicating that Mr. Irvin was not a resident of Ontario and would the Clerk please see that the amount of the donation is withdrawn from Mr. Thomson's campaign surplus and is returned to Mr. Irvin. Staff has since returned the amount of $110.43 to Mr. Irvin with the explanation as to why he was receiving such a refund. Compliance Audit Committee At the October 16, 2006 meeting, Council passed a by -law delegating all pertinent powers under the Municipal Elections Act to a compliance audit committee. Staff advertised for interested individuals to fill such a committee, even going to the extent as to solicit applications from various members of the local bar association, staff from Brock University and local chartered accountant organizations. No applications were received by the Clerk, even after extending the deadline on more than one occasion. In addition, the Ministry of Municipal Affairs Housing was petitioned, by way of Council resolution, to consider a roving Compliance Audit Committee that could be used by municipalities throughout the Province. Although bureaucrats in the Ministry seemed receptive to the idea, no concrete action has occurred to date. Municipal Elections Act There is no legislative requirement for the Clerk to do an exhaustive review of the election campaign finance returns. Elections' staff will peruse the returns and when an obvious issue arises, such as donations in excess of the legislative limits, staff will contact the candidate and /or his or her campaign manager or auditor and ask that the breach be rectified. In absence of a committee, Council will have to make the decision on whether to grant or reject the compliance audit, within thirty (30) days after receiving the application. If it is decided to reject the application, the applicant may appeal the decision to the Ontario Court of Justice within 15 days after the decision is made and the court may make any decision the council could have made. If it is decided to grant the application, the council shall, by resolution, appoint an auditor to conduct a compliance audit of the candidate's election campaign finances. Only an auditor who is licensed under the Public Accountancy Act may be appointed. The municipality shall pay the auditor's costs of performing the audit. If the auditor's report indicates that there was no apparent contravention and the Council finds that there were no reasonable grounds for the application, Council is "entitled to recover the auditor's cost from the applicant There is no indication in the Act of a mechanism for recovering the cost. After the 2003 Municipal Election, a compliance audit ordered by the Court cost $15,000. July 23, 2007 Analysis A compliance audit can be requested by an elector of the municipality who believes on reasonable grounds that a candidate has contravened a provision of the Municipal Elections Act relating to election campaign finances. This can apply to one contravention or a list of several of them. The number of contraventions does not make the application for a compliance audit any more or Tess relevant. Council must consider any reasonable grounds that are offered by an elector (applicant). In the matter at hand, Councillor Thomson asked that the campaign contribution be refunded immediately when the violation was brought to his attention. Although a judge could impose a fine for an election campaign finance offence, there is a good chance that the penalty imposed would likely be that the contribution is returned. In light of the fact that the remedy has already occurred, a compliance audit appears unwarranted. Recommended by: Approved by: Respectfully submitted: Attachments B.Matson V:\2007000NCIL \070723 \CD 2007 -16, Compliance Audit Request.wpd Dean iorfida,9ff'y Clerk 3 CD- 2007 -16 Ken Burden, Acting Executive Director of Corporate Services MacDonald, Chief Administrative Officer ©Municipal World* Form 1441 Reg. T.M. in Canada, Municipal World Inc. Multicopy Form PRESS FIRMLY Municipality or local board APPLICATION FOR CO COMPLIANCEAMOIRT707 0 8 13442 Municipal Elections Act, 1996 c. 32, Schedule, s. 81 (1) NJflC, FILLS CLLR (S '07 06281 :42 TO THE ri CLERK OR SECRETARY OF C`77 of AZYlK4t/e4 F4' i s BY THE APPLICANT Name of applicant EGAN E7'► A SeC c- Mailing address Postal Code L2,/ 4c-Z_ 445 J/eLt il44OA Apt:. o State location or description of property that qualifies the applicant as an elector in the municipality (or area). Mt- 4s A-6o REQUESTING COMPLIANCE AUDIT OF ELECTION CAMPAIGN FINANCES OF Name of candidate Candidate for office of Date of election for the office /kVEi -i662 /3, 2 I, the undersigned applicant, an elector who is entitled to vote in an election, have reasonable grounds for believing that the candidate has contravened a provision of the Municipal Elections Act, 1996 relating to election campaign fmances. The reasonable grounds are: (attach additional sheets if necessary) C CEP FF O A- D (AT1 O1J FF.oM ,4 it- V. 014. l R vi,k/, WPC )s Nior /4 i z:) r ©F 01 I believe the facts and information submitted above to be true, and I hereby request a compliance audit of the candidate's election campaign finances. e� u 1J6 Z g 7 &d- Date ORIGINAL to be sent to clerk or secretary Signature of applicant COPY to be retained by applicant Corporate Services ailment Clerk's Division Inter Department Memorandum TO: Catharine Luey Managaer of Accounting FROM: Bill Matson Records Elections Coordinator Ext. 4342 RE: Refund from Election Campaign Surplus Account Once the cheque is prepared kindly forward to myself. I will then mail it to the recipient. Within the financial statement filed by Councillor Wayne Thomson for his 2006 election campaign it was discovered that a donation was inadvertently received. A contribution was received from an individual who is not a resident of Ontario. TheMuniczpal Elections Act prohibits such a donation. After being brought to Councillor Thomson's attention he has since advised to refund the contribution. (See attached correspondence). The amount that was contributed was $100 in US funds. At the time of the deposit this equalled the amount of $110.43 in Canadian funds. I feel that since the latter amount is what was deposited into the campaign account at the time, that we should therefore refund the amount of $110.43. Please withdraw the amount of $110.43 from Councillor Thomson's surplus that is within the election holding account 11 -2- 072000 400008 and kindly prepare a cheque to be made out to: Attach, Mr. Michael Irvin 1310 Hampshire Avenue, Pittsburgh, PA 15216 Niagara CANADA DATE: June 27, 2007 Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development June 23, 2007 The City of Niagara Falls City Hall, P.O. Box 1023 4310 Queen Street Niagara Falls, ON L2E 6X5 Attn: Clerk Dear Mr. lorfida: re: Wayne Thomson A. William askin, C.A. homson F AIRS. FALLS CLERKS'CP 0627 08:44 In response to your recent inquiry regarding the abovementioned aldermanic candidate's Form 5 Financial Statement, please be advised as follows: We have contacted Mr. Michael Irvin of 1310 Hampshire Avenue, Pittsburgh, PA 15216 to determine the nature of his interest in the recent municipal election. We have determined that Mr. Irvin is not a resident of Ontario and therefore his contribution in the amount of $100 US is ineligible. We would respectfully request that you return Mr. Irvin's contribution to him ($100 US) from the campaign surplus paid to you in the amount of $5,434.73. Should you have any questions or comments, please do not hesitate to contact the writer at 905 356 -7782. Yours faithfully, Corres• dence and re est authorized: HA.SK =N chartered accountant 3531 Portage Rd. Suite 14 Niagara Falls, Ont., L2J 2K5 H A S J C I N 3531 Portage Road, Suite 14 Niagara Falls, Ont., L2J 2K5 Tel: 905.3 56.7782 Fax: 905.3 56.2014 HOCO Limited Thorstone Properties Limited Altieri Building Supplies Salit Steel Provincial Construction Renaissance Fallsview Hotel Capri Restaurant Hampton Inn Niagara Imperial Motel 954440 Ontario Limited Andy Henderson Peninsula Broilers Lincoln Motor Inn Gale's Fuels Days Inn Suites By the Falls 1019536 Ontario Ltd .Grand Niagara Golf Corp. Warren Dac Investments Niagara Helicopters National Jewellery 471791 Ontario Inc Mountainview Homes Maple Leaf Collision 393 Queen Street Ltd Ascot Woods Ltd. Mile Manojlovich Vann Media Group Pinewood Homes Ken Khun Collins Concessions 1251483 Ontario Inc. Evergreen Estates Michael Irvin Mary Maloney Hamburg Honda Medcon Mechanical Henler Investments Limited Chapman Murray Architects Heavy Construction Assoc. Kings Inn BHH Benefits 1386247 Ontario Inc. 4960 Clifton Hill NF L2E 6S8 5881 Thorold Stone Rd. NF L2J 1A1 4564 Montrose Rd. NF L2H 1K2 7771 Stanley Ave. NF L2E 6V6 4382 Montrose Rd. NF L2H 1K2 6455 Fallsview Blvd. NF L2G 3V9 5438 Ferry St. NF L2G 1S1 P.O. Box 1012 NF L2E 6W7 5851 Victoria Ave. NF L2G 3L6 8620 Oakwood Drive NF L2E 6S5 4759 Queen Street NF L2E 2M1 4389 Park St. NF L2E 2P4 6417 Main St. NF L2G 5Y3 4388 Portage Rd. NF L2E 6A4 4 McLure Crescent Thorold L2V 4B6 4 McLure Crescent Thorold L2V 4B6 377 Burnhamthorpe Rd. Miss. L5A 3Y1 78 Hillhurst Blvd. Toronto c45N 1N6 3731 Victoria Ave. NF L2E 6V5 2793 Beacon Blvd. Jordan LOR 1S0 5631 Victoria Ave. NF L2G 3L5 3350 Merritville Hwy. Thorold L2V 4Y6 6410 Drummond Rd. NF L2G 4N3 PO Box 897 NF L2E 6V6 6617 Drummond Rd. NF L2G 4N4 4513 Montrose Road NF L2H 1K1 5651 River Road NF L2E 7M7 2125 Fruitbelt Parkway NF L2E 6S4 8182 Paddock Trail NF L2H 1X3 8621 Earl Thomas Ave. NF L2E 6T3 8278 Thorold Stone Rd. NF L2H•1A9 6916 Garner Rd. NF L2E 6S5 1310 Hampshire Ave. Piitsburg PA 15216 9145 Ridge Road Welland L3B 5N7 7227 Dorchester Rd. NF L2G 5V7 4 -5927 Thorold Stone Rd. NF L2J 1A1 482 Ontario Street Ancaster L9G 3E1 6385 Colborne St. NF L2J 4B9 PO Box 1116 S/C L2R 7A3 5525 Ferry St. NF L2G 1S3 1040 South Service Road Stoney Creek L8E 6G3 4957 Clifton Hill NF L2G 3N5 750.00 200.00 400.00 100.00 250.00 200.00 250.00 750.00 200.00 300.00 100.00 500.00 500.00 300.00 750.00 750.00 750.00 500.00 200.00 500.00 200.00 750.00 200.00 150.00 200.00 250.00 200.00 500.00 250.00 250.00 200.00 200.00 110.43 rt 250.00 250.00 150.00 500.00 200.00 500.00 200.00 200.00 250.00 31,010.43 (7/10/2007) bean Iorfida Jul 23.07 addressin council Pagel From: <bernadette.secco @bellnet.ca> To: <diorfida @niagarafalls.ca> Date: 7/10/2007 9:33 AM Subject: July 23.07 addressing council Hello Dean, Please accept this as my request to address Council on July 23, 2007 on the matter of my application for a Compliance Audit of Coun. Wayne Thomson's 2006 election campaign expenses. I will need less than five minutes. Regards, Bernadette A. Secco The Mayor and Council Corporation of the City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Ladies and Gentlemen: Scouts Canada, Niagara Area, respectfully requests that the 100 Years of Scouting Flag be hoisted on the flagpole at City Hall on August 1, 2007, and be allowed to fly there for whatever period of time Council deems suitable. The world -wide Scout movement dates its inception from the opening day, August 1, 1907, of an experimental camp for 22 boys on Brownsea Island, Poole Harbour, Dorset, England, run by General Robert S.S. Baden Powell (later Lord Baden Powell of Gilwell). The 100 Anniversary is being celebrated around the world with the motto "One World, One Promise events include a National Jamboree in Canada and the 22nd World Jamboree in England. Scouting came to Niagara Falls in July, 1910, with the formation of Drummond Hill Troop No.1 by local businessman Lt. D.A.R. Cameron. This troop is still in operation as 1' Niagara Scout Group. A display reflecting 97 years of Scouting locally and 100 years world -wide will be on view at the Niagara Falls Public Library for the month of August. Thank you very much for your consideration of this request. 100 Anniversary of Scouting Phone 905- 356 -6237 e-mail gilwellsecretarXCacogeco.ca Yours truly OIX Robert Prentice Deputy Area Commissioner for Publicity and Media Relations Scouts Canada, Niagara Area Scouts Canada, Niagara Area 4377 Fourth Avenue Niagara Falls, Ontario L2E 4N1 July 6, 2007 July 23, 2007 L- 2007 -33 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: L- 2007 -33 Consent to Assignment of Lease Part of Sophia Street Road Allowance Our File No.: 2007 -243 RECOMMENDATION: BACKGROUND: Niagaraj1alls 1) That the City grant a Consent to Assignment of Lease in favour of Wayne Sheridan and Joanne Sheridan, and 2) the Mayor and Clerk be authorized to execute the said Agreement. On January 22 2002, the City entered into a Lease Agreement with Roy Kennedy and Gail Kerlow (hereinafter referred to as "Kennedy /Kerlow to lease certain lands lying and being in the City of Niagara Falls, and being composed of Part of Sophia Street Road Allowance, municipally known as 4047 Bridgewater Street, for a term of forty (40) years, commencing on the 1S day of February, 2002, and ending on the 31s day of January 2042. Attachment "1" is a copy of the said Lease Agreement. Further, on August 1S 2002, the City entered into a Lease Amendment Agreement with Kennedy /Kerlow whereby certain provisions of the January 22 2002, Agreements were varied. Attachment "2" is a copy of the said Lease Amendment Agreement. Kennedy /Kerlow have since entered into an Agreement of Purchase and Sale with Wayne Sheridan and Joanne Sheridan (hereinafter referred to as "the Sheridans to sell lands adjacent to the subject leased lands. In addition to selling their property, Kennedy /Kerlow also wish to assign their interest in the subject leased lands to the Sheridans. 4310 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905 356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Corporate Services Department Legal Services July 23, 2007 2 L- 2007 -33 The Lease Agreement of January 22n 2002, provides that Kennedy /Kerlow shall be permitted to assign or sublease the lease to a third party, provided that the City has firstly given its consent in writing, which consent shall not be unreasonably withheld. Recommended by: l 6c04,A. Approved by: Respectfully submitted: K. Beaman /J. Heathers Kenneth L. Beaman, City Solicitor A7J K. E. Burden, Acting Director of Corporate Services ek MacDonald, Chief Administrative Officer ATTACHMENT THIS INDENTURE made in triplicate this 22n day of January, 2002. IN PURSUANCE OF THE SHORT FORMS OF LEASES ACT: ROY KENNEDY and GAIL KERLOW 2. There shall be no renewals or extensions of the term. (1) The lessee covenants to pay rent. Hereinafter called the "lessee" OF THE FIRST PART -and THE CORPORATION OF THE CITY OF NIAGARA FALLS, Hereinafter called the "lessor" OF THE SECOND PART WITNES SETH that in consideration of the rents, covenants and agreements hereinafter reserved and contained on the part of the lessee, the lessor by these presents doth demise and lease unto the lessee all that parcel of land situate lying and being in the City of Niagara Falls, in the Regional Municipality of Niagara and being composed of part of Sophia Street road allowance, as shown outlined on a sketch marked Schedule "A" attached hereto, together with all facilities of ingress and egress required for the use of the said parcel of land for the purpose hereinafter set out. 1. TO HAVE AND TO HOLD the said demised parcel of land (the "land for and during the term of forty (40) years commencing on the 1st day of February, 2002 and ending on the 31' day of January, 2042. 3. Subject to paragraph 4, yielding and paying therefor during the said term unto the lessor the sum of $617.75 annually to be paid in advance on the first day of February in each and every year. (2) The said rent shall be fixed, except as set out below, for an initial period of five (5) years and shall be subject thereafter to review and revision in accordance with the terms of this lease. (3) 2 Review and revision of the rent payable shall take effect on the fifth anniversary of the commencement of this agreement and on each subsequent fifth anniversary. (4) In the event that the parties are unable to agree upon the revision of rental payments, this lease may be cancelled by either party giving 90 days notice, in writing, to the other party of their intention to cancel the lease. 5. The lessee shall be permitted to assign or sublet the lease to a third party, provided that the lessor has firstly given its consent in writing, which consent shall not be unreasonably withheld. The lessee further covenants that any and all assignments or subletting of the lease shall be subject to the execution of all documentation necessary, in the sole discretion of the lessor, to bind the assignee(s), transferee(s) or sub tenant(s), as the case may be, to all of the terms and conditions contained herein. 6. In the event of any default hereunder, except for arrears of taxes which are specifically dealt with in paragraph 7, including without limitation, the non payment of rent or non performance of covenants by the lessee, the lessor shall give the lessee at least thirty days notice in writing to rectify the default. Should the lessee not rectify the default, the Lessor shall be entitled to terminate the lease upon giving the lessee thirty (30) days notice in writing to this effect at the address below specified in paragraph 11 and to re -enter and take possession of the lands and lessee hereby covenants and agrees to deliver up vacant possession of the land immediately upon request. 7. The lessee covenants with the lessor to pay all taxes, rates and charges, including local improvement rates which are assessed or charged against the land. The lessee agrees that should there be tax arrears against the land for a period of at least thirty days, the lessor may terminate this lease upon giving the lessee at least thirty days' written notice but the arrears are still due and owing by the lessee. Any subsequent payment of the arrears by the lessee shall not terminate or cancel the notice of termination given by the lessor herein. 8. The lessor covenants with the lessee for quiet enjoyment. 9. The lessor and the lessee hereby further covenant and agree as follows: (a) The land shall be used and occupied in accordance with the zoning by -law, as may be amended from time to time, as well as all other municipal, provincial and federal laws. (b) The lessee covenants to maintain the land in good repair. If, in the sole discretion of the lessor, any required maintenance or repair is not performed forthwith by the lessee, the lessor shall be entitled to direct, in writing, that the lessee have the required work performed entirely at the expense of the lessee. If the lessee fails to undertake the required work, the lessor shall have the right, in its sole discretion, to (c) The lessee shall not cut or remove any trees or ornamental shrubs without the consent of the lessor. (d) Upon expiration or termination of the lease, the. lessee may either remove all buildings and structures within thirty days from the end of the lease or the buildings and structures will become the sole property of the lessor. Should the lessee remove any buildings or structures, he /she shall be responsible for all costs associated with the restoration of the land to its original condition or such other condition as shall be approved by the lessor, failing which the lessor may do the required work at the sole expense of the lessee, and the lessee agrees to pay forthwith such costs and expenses as may by incurred by the lessor. (e) All persons and property at any time on the land shall be at the sole risk of the lessee, and the lessor shall not be liable for any loss, damage, or injury (including loss of life) to them or it however occurring, unless caused or contributed to by the neglect or default of the lessor. (f) The lessee shall assume all liability and obligation for any and all loss, damage, or injury (including death) to persons or property that would not have happened but for this indenture or anything done or maintained by the lessee thereunder or intended so to be and the lessee shall at all times indemnify and save harmless the lessor from and against all such loss, damage, or injury and all actions, suits, proceedings, costs, charges, damages, expenses, claims or demands arising therefrom or connected therewith; provided that the lessee shall not be liable to the extent to which such loss, damage, or injury is caused or contributed by the neglect or default of the lessor. The lessee shall at its own expense take out and keep in force a comprehensive policy of general liability and property damage insurance satisfactory to the City Solicitor, protecting and indemnifying the lessee and the lessor, its officers, employees and agents against any claims for damage or bodily injury to or death of one or more persons and the loss of or damage to property occurring in, on, or about the land with all inclusive coverage of not less than $2,000,000.00, such policy to include the lessor as an additional named insured and to be endorsed to include the contractual obligation of the lessee to the lessor under this agreement and to contain a "cross liability" endorsement. A certified copy of such policy or a certificate in lieu, in a form satisfactory to the City Solicitor, shall be provided to the lessor on or before the lease commencement date and on or before the renewal date of all future renewals of the policy. The lessor may, in its sole discretion, require the lessee to raise the (g) 3 have the work undertaken at the expense of the lessee and further the lessor shall be entitled to terminate the lease upon giving the lessee at least thirty days' notice in writing and the lessee hereby covenants and agrees to deliver up vacant possession of the land immediately upon request. 1 0. (i) (1) 4 minimum amount of coverage and shall so advise the lessee in writing, who then shall immediately increase the minimum coverage and deliver to the lessor within thirty days, a certified copy of the policy or a certificate in lieu, in a form satisfactory to the City Solicitor, showing the amended coverage. Failure of the lessee to comply with these provisions shall constitute breach of the terms of this lease and shall entitle the lessor to terminate the lease upon giving at least thirty days notice in writing to the lessee. (h) The lessor may at any time (except in an emergency when no notice shall be required) upon reasonable notice, enter on the land and inspect same to insure compliance with the terms of this lease. The lessee shall pay to the lessor from time to time any costs, charges, or expenses, incurred by the lessor in connection with any works or undertaking of the lessor to the extent to which the same shall be necessarily incurred by the entering into of this lease. (j) The lessee shall not be entitled to construct fences nor to have heavy landscaping such as rock gardens, retaining walls, fountains, massive plantings of shrubs or trees or similar items. Where this agreement requires notice to be delivered by one party to the other, such notice shall be in writing and delivered either personally, by e -mail, by fax or by prepaid ordinary first class post, by the party wishing to give such notice, to the other party at the address noted below. (2) Such notice shall be deemed to have been given: (a) in the case of personal delivery, on the date of delivery; (b) in the case of e-mail or fax, on the date of transmission provided it is received before 4:30 p.m. on a day that is not a holiday, as defined in the Interpretation Act, failing which it shall be deemed to have been received the next day, provided the next day is not a holiday; and 11. Notice shall be given, to the lessee at: Mr. Roy Kennedy 4071 Bridgewater Street Niagara Falls, Ontario L2G 6H7 Tel: (905) Fax: (905) to the City at: Attention: Property Manager Telephone No: 905- 356 -7521 Fax No: 905 -371 -2892 5 (c) in the case of ordinary post, on the third day, which is not a holiday, following posting. The Corporation of the City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 or such other address as the parties shall specify in writing. It shall be the obligation of the lessee to advise the lessor, in writing, of any change in address. Otherwise, the lessee shall be deemed to have received all notices when sent to the address set out above or to the latest address change on file with the lessor. 12. This agreement shall extend to, be binding upon and enure to the benefit of the parties hereto IN WITNESS WHEREOF the party of the first part has set his/her hand(s) and the party of the second part has hereunto affixed its corporate seal duly attested by the hands of the proper signing officers in that behalf and the said signing officers certify that they have authority to bind their corporation. Witness -6 and their respective heirs, administrators, successors and assigns. Roy Kenney y 16f(n,) Gail Kerlow THE CORPORATION OF THE CITY OF NIAGARA FA Name: Wayne Thomson Title: Mayor fo po_piq Name: DeanJlorfi a Title: City Clerk BETWEEN: ATTACHMENT 2a THIS LEASE AMENDMENT AGREEMENT made this 1 S` day of August, 2002. ROY KENNEDY and GAIL KERLOW, Hereinafter referred to as the "Lessee" and THE CORPORATION OF THE CITY OF NIAGARA FALLS, Hereinafter referred to as the "Lessor" (a) Paragraph 3. of the Lease is deleted and replaced as follows: OF THE FIRST PART; OF THE SECOND PART. WHEREAS this Agreement is supplemental to a Lease (the "Lease dated the 22n day of January, 2002, granted by the Lessor to the Lessee of the lands and premises as described in the Lease, for a term of Forty (40) years commencing the 1st day of February, 2002; AND WHEREAS the parties intend to vary certain provisions of the Lease in the manner set out below. NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants, conditions and agreements herein contained, the parties agree as follows: 1. The provisions of the Lease are amended as of the 1st day of August, 2002, in the following manner: Subject to paragraph 4, yielding and paying therefor during the said term unto the Lessor the sum of Four Hundred and Eleven 17/100 Dollars ($411.17) annually to be paid in advance on the first day of February in each and every year. 2. The Lease, as amended, shall continue in full force and the covenants, conditions and provisions contained in the Lease, in all other respects, are confirmed. IN WITNESS WHEREOF the Lessee hereto has hereunto set their hands and seals and the Lessor hereto has hereunto affixed its corporate seal, duly attested by the hands of its proper signing officers and the said signing officers certify that they have authority to bind the Corporation, all on the day and year first above written. SIGNED, SEALED AND DELIVERED in the presence of 2 THE CORPORATION OF THE CITY OF NIAGARA FALLS Pe Wayne Thomson, MAYOR July 23, 2007 MW- 2007 -85 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: NiagaraJalls Re: MW -2007- 85 Amendment to the Consulting Services Agreement for the Garner Southwest Service Area That the Consulting Services Agreement with Associated Engineering for the Garner Southwest Service Area be amended at an increased cost of $35,490.00. BACKGROUND: In September of 2006, City staff requisitioned proposals from four local consultants for the design of the Garner Southwest Service Area Sanitary Sewer and Pumping Station. Proposals were received and analyzed by City staff. On October 16, 2006, Council approved staffs recommendation to appoint the detailed design to Associated Engineering for the upset limit of $273,192.00 plus G.S.T. City staff has been working with Associated Engineering over the past several months to complete the design and approvals for the Garner Sanitary System and Pumping Station. As a result of recent development pressure, Warren Woods Subdivision and the pending sale of lands in the Montrose Road Business Park, additional servicing is required. The servicing required is the construction of watermains on Kalar Road from Chippawa Creek Road to Montrose Road. At this time, it would be advantageous to design and construct the watermain as part of the Garner Southwest works in order to save on the cost of tendering and administration. Associated Engineering has been asked for a cost to add the watermains to the Garner Southwest works that they 'ently designing. The cost of the additional engineering works would be $35,49 4310 Queen Street, PO. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Community Services Department July 23, 2007 2 The total cost of the engineering will be funded 95% from development charges and 5% from the Garner Southwest Sanitary Sewer Area account. Recommended by: Approved by: Respectfully submitted: Geoff Ho man, Director of Municipal Works Ed Dujlovic, Executive Director of Com unity Services 1,44 Joh acDonald, Chief Administrative Officer F Tassone S: \REPORTS \2007 Reports \MW 2007 -85 Garner Southwest Update and Additonal Consulting Fees.wpd MW- 2007 -85 July 23, 2007 PD- 2007 -60 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: BACKGROUND: Niag araJ CANADA Re: PD- 2007 -60 AM- 38/2004 AM- 19/2006 Official Plan and Zoning By -law Amendment Application Between the Welland River Biggar Road from Montrose Road to West of Morris Road Applicant: Grand Niagara Resort Inc. Agent: Carl Brawley, Glen Schnarr and Associates Expansion to the Golf Course and Resort Block Area and Development of a Lifestyle Residential Community RECOMMENDATION: 1. That Council pass the amending by -law and adopt Official Plan Amendment No. 69 (OPA No. 69), both on tonight's agenda to permit an expansion to the golf course and resort block area and the development of a lifestyle residential community, pursuant to Council's earlier approval of this application. 2. That Council determine by resolution that the changes outlined in this report are minor and do not require further notice to be given. On July 31, 2006, Council approved, in principle, an Official Plan and Zoning By -law amendment application to permit the following: expansion of the golf course onto a 22 hectare (54 acre) parcel west of Morris Road between Grassy Brook Road and Biggar Road; a 8 hectare (20 acre) expansion of the approved resort block, located north of Grassy Brook Road, onto a portion of the land south of Grassy Brook Road and east of Crowland Avenue; 4310 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905 356 -7521 www.niagarafalls.ca a 220 unit lifestyle res al development consisting of approximately 13 hectares (32 acres) of Ian ,t •f Grassy Brook Road and east of Crowland Avenue; and orking Together to Serve Our Community c ommunity Services Department Planning Development July 23, 2007 2 PD- 2007 -60 recognition in the Official Plan of the existing golf course development south of the CP Rail line between Montrose Road and Crowland Avenue. In the subsequent months, City staff has been working with the applicants to draft the Official Plan and Zoning By -law amendments as they refine their development proposal. Although the proposal remains substantially the same, these refinements have led to minor changes to the proposed amending zoning by -law. These changes have been summarized as follows: 1. Proposed Lifestyle Residential Blocks The applicant has developed a unique design for the on- street townhouse dwellings, as illustrated on Schedule 1. The standards for this design are incorporated in Section 6 of the draft by -law on tonight's agenda and reflect the orientation of the dwellings as well as the common driveways. Building setbacks and amenity space are typical of townhouse developments. The total number of dwellings has been increased slightly, from 220 to 225, reflecting a larger number of townhouses. The area of the lifestyle community is unchanged. This slight increase does not impact on the planning rationale for the project. The building setback to the Environmental Protection Area (EPA -777) zone along Grassy Brook has been reduced from 7.5 metres (24.6 feet) to 7.0 metres (23 feet). The Niagara Peninsula Conservation Authority concurs with this slight reduction. 2. Resort Blocks A vacation dwelling unit, an apartment hotel and a resort clubhouse are among the uses permitted in the resort blocks (lands zoned OS- 775(H) on Schedule 1 to the draft by -law on tonight's agenda). Up to 75% of the units in the apartment hotel are permitted to be dwelling units. It has been clarified in the draft by -law that these units can be provided in addition to the 225 units permitted on the lifestyle residential blocks. There are no changes to the maximum number of 300 units in total that may be provided in the hotel. The maximum length of stay at vacation rental dwellings, intended for short term residential accommodations, has been restricted to a maximum of 90 days at one time. The function of resort clubhouse and the services it offers to guests of the vacation dwelling units has also been clarified as including a health centre, meeting rooms, recreation and games room including amusement game machines, a tuck shop, a health centre, offices and accessory uses. A resort clubhouse may also be provided in conjunction with a hotel, apartment hotel or a conference centre. A maximum floor area of 4,000 square metres (43,000 square feet) has been established for the resort clubhouse. This includes a health centre and a conference centre (each of which has a maximum floor area of 1,900 square metres or 20, 450 square feet) as previously approved by Council. July 23, 2007 3 PD- 2007 -60 CONCLUSION: As these requested changes reflect the refinement of the development and do not substantively change Council's approval of the proposal, it is recommended that Council pass the resolution appearing in Council's agenda to determine that these changes do not require a further public hearing. As well, it is recommended Council pass the amending by -law and adopt OPA No.69 to implement their approval. Recommended by: Approved by: Respectfully submitted: A.Bryce:gd Attach. Doug Darbyson, Director fro Planning Development Ed Dujlovic, Executive Director of Community Services )14, cru John Donald, Chief Administrative 0 icer S: \PDR\2007 \PD- 2007 -60, AM- 38- 2004&AM -19 -2006, Grand Niagara Expansion Lifestyle Community.wpd W .150 476 690 IN UNIT 1 DRIVEWAY UNIT 2 DRIVEWAY 1 7 6.40 2 REAR PROPERTY LINE I I 1 640 461( I 760 3 4 PROPOSED TYPICAL TOWNS LOT SIZE SETBACK 607476 UNIT 3 DRIVEWAY z a_ a O 461( UNIT 4 DRIVEWAY DIMIZING LINE N 0I z 760 UNIT 5 DRIVEWAY DIMIZING LINE 600476 5 UNIT 6 DRIVEWAY FRONT PROPERTY LINE 1 540 46Y 64' I ACCESS EASEMENT ACCESS EASEMENT REQ'D FOR UNIT 3 REQ'D FOR UNIT 6 64046V 640 7 r 8 590 1 J 350 4N.. UNIT 8 DRIVEWAY UNIT 7 DRIVEWAY July 23, 2007 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: Recommended by: Approved by: Respectfully submitted: Attachment Niagara,Falls C1NA D.4 The recommendation(s) contained in this report were adopted by City Council Re: R- 2007 -19 Arena Complex Development Project: Revised Agreement Between the Architects and the City of Niagara Falls R- 2007 -19 That the Mayor and Clerk be authorized to execute the amended agreement with Barry Bryan Associates Limited to plan, design, and provide contract administration /construction services for the 4 Pad Arena Complex P ,provided that in the event :_the approved"' construction cost for the four pad arena project exceeds $30.6 million, the BACKGROUND: total lump sum fee will NOT be :..increased; In September 2005, Council approved the firm be retained to plan, design and provide contract administration /construction services for the Arena Complex Project which at that time was a twin pad arena complex. The Agreement describes the roles and responsibilities of the Architect, provides for adequate professional liability insurance coverage, and itemizes the general fees of the Architect. On May 29, 2006, Council approved that the agreement with the firm Barry -Bryan Associates (BBA) be executed. The agreement to build a twin pad arena was authorized under By -Law 2006 -94. With the approval by Council on May 8, 2007, to build a 4 Pad arena, revisions to the agreement are required related to fees of BBA. These costs had been itemized and included in the total revised capital costs for the 4 pad arena project of $34.6 million. Denyse 6 u /4n t orrissey, Directo Ed D4lovic, xecutive Director of Community Services t cDonald, Chief Administrative b 'icer Working Together to Serve Our Community of Parks, Recreation Culture Community Services Department Parks, Recreation Culture SCHEDULE C FOUR PAD ARENA SERVICES Effective May 1, 2007 A. Abandoned work in accordance with Canadian Standard Form, Document 600, 2005 dated May 8, 2006: The work completed for the new twin pad arena complex has been abandoned. It is agreed that fees for Base Services as outlined in the original agreement total $650,588.58 inclusive of disbursements; and represents the total amount payable for this work. Fees for Optional Services to assist with feasibility review of additional ice pads, OHL franchise reviews, soccer facility review and site preparation package totaling $54,634.68 inclusive of disbursements; and represents the total amount payable for this work to April 30, 2007 Payment terms will be in accordance with the original contract. This will conclude the services to be provided for the twin pad arena. B. Amendment to Canadian Standard Form, Document 600, 2005 dated May 8, 2006 for a four pad arena complex. The following amendments to the Agreement are incorporated into and form an integral part of the Agreement: 1. Article A4 Replace "New Twin Pad Arena Complex" with "New Four Pad Arena Complex 2. Article A5 Delete and replace with the following: with the following construction budget exclusive of GST: $30.6 million (including $1.6 million for site preparation premium work) consisting of one pad arena of 2000 seats and the second, third and fourth pads of 250 seats each in accordance with concepts approved by City of Niagara Falls Council May 7, 2007. 3. Article A6 Delete and replace with the following: The anticipated construction contracts are: a) Design /Bid /Build for the site preparation and initial site development; and, b) Design /Bid /Build to a General Contractor for the Main Building construction. 4. Article Al 0 Delete in its entirely and replace with the following: .1 Base Service Fee For the architect's services as outlined in the schedule(s) identified in A7, the fee shall be computed as follows: Design including Architectural, Structural, Mechanical and Electrical Engineering, Landscape and Site Plan Approval Voice /Data Communications Cabling Design Services Security System Design including CCTV Perimeter Monitoring And Card Access System Design Services 887,000.00 7,500.00 11,500.00 Site Servicing /Civil Engineering, Storm Water Management and Ministry of Environment Approval related to site servicing Thirty (30) civil engineering site visits and as -built site drawings 55,000.00 Acoustic Consulting Including Acoustic Modeling and AudioNideo System Design 24,000.00 Independent Quantity Surveyor /Cost Consultant 65,500.00 Contract Administration including Tender, Pre qualification and Warranty Inspections 468,000.00 Commissioning of Mechanical and Electrical Systems Including Ice Refrigeration by LKM 23,500.00 Energy Modeling and Simulation and Incorporation of Recommendations in Design and Contract Administration Estimated Allowance for Disbursements Total Lump Sum Fee Base Services (plus GST (based on $30.6 million maximum construction budget) 19, 500.00 142,000.00 1,703,500.00 In the event the approved construction cost for the four pad arena project exceeds $30.6 million, the total lump sum fee will be increased by 5.5% of the increased construction cost over $30.6 million. Fees to be proportioned to the phases of services as follows: Program Development Phase 10% Schematic Design Phase 15% Design Development Phase 10% Construction Documents Phase 35% Construction Procurement Phase 5% Construction Administration Phase 22.5 Warranty 2.5% .2 Building Interior Wm/finding and Exterior Signage Services for four pad arena and site including: Planning, assessment of needs and public identification Sign budgeting and scheduling Conceptual development Design development and detailed design intent drawings Preparation of bid documents, recommendation of fabricators Shop drawing and sample materials review and fabrication supervision Supervision of fabrication installation and related project management The building interiorwayfinding and exterior signage services will be completed on a time and material basis plus a 15% administration fee on specialized consultants to an estimated upset fee of $75,000 plus disbursements plus GST. Fees will be invoiced monthly based on progress of completed work. .3 Furnishing, Fixtures and Equipment Planning Design and Procurement Services BBA will provide services to plan, design, prepare specifications, assist with tendering and review installation. Subject to determination of the final finishing, fixtures and equipment costs (FF &E), the fee allowance will be calculated at 8.5% of the final FF &E costs to a minimum fee payable of $85,000 plus GST Fees will be invoiced monthly based on progress of completed work. Pre Tender Design Changes: When changes are requested by the Client requiring redesign to previously approved documents prepared by the architect, the fee for such additional services shall be completed on a lump sum or hourly basis plus disbursements. The Architect will submit a budget in writing and receive approval for the additional redesign work prior to proceeding. Post Tender Design Changes: When revisions or additions are required 'post tender' which are beyond the control of the Architect (i.e. as -found site conditions, Client requested changes, changes requested by authorities having jurisdiction, etc.) which result in additional design and contract administration services, the Architect will submit a revised services budget for these changes in writing for review and approval by the City prior to proceeding. When it is agreed additional services for pre- tender or post tender changes will be completed on an hourly basis, the following hourly rates will apply: Principal $161.20 /hour Senior Architect/Engineer $145.60 /hour Senior Project Manager $124.80 /hour Project Manager $104.00 /hour Intermediate Architect/Engineer $104.00 /hour Senior Draftsman 88.40 /hour Technician 80.00 /hour Intermediate Draftsman 67.60 /hour Junior Draftsman 46.80 /hour Word Processor Operator 54.00 /hour Hourly rates will be held until September 30, 2008. Hourly rates will be subject to a 3% increase effective October 1, 2008. 5. Other Terms of Contract Article A18: .1 Item .2 Delete and replace with the following: The Contract terms and conditions are based on the project schedule identified in BBA Proposal No. P05 -267 dated August 12, 2005 amended by the attached revised Project Schedule dated June 8, 2007. It is further agreed the completion date of the project will be revised to no later than October 31, 2009. Any further revisions may be made upon mutual agreement of both parties. .2 Item .3 Delete and replace with the following: Fees for extension of contract beyond November 1, 2009 as outlined in GC12.6 shall be computed as per Architect's Standard Billing Rates as identified above. Issued by: (Signature) (Date) Witness (es) (Signature) (Date) .3 Item .4 Add the following new item: c) Schedule B Schedule Amending the Agreement between Client and Architect d) Schedule C Four Pad Arena Complex Effective May 1, 2007 Amendment to Canadian Standard Form, Document 600, 2005, dated May 8, 2006. Barry Bryan Associates (1991) Limited (Name of Architect) D.L. Bryan, P. Eng., OAA, MRAIC, CAPHC (Name and title of person signing) (Name and title of person signing) All other terms of the contract will apply. Accepted by: City of Niagara Falls (Name of Client) (Signature) (Name and title of person signing) (Date) (Signature) (Name and title of person signing) (Date) (Signature) (Name and title of person signing) (Date) (Signature) (Name and title of person signing) (Date) Witness (es) (Signature) (Name and title of person signing) (Date) July 23, 2007 R- 2007 -20 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: R- 2007 -20 2007 Sports Wall of Fame Inductees RECOMMENDATION: 1900 -1970 Era: Name Clare C. Dahmer Stamford CVI Senior Football Team, 1966, 1967, 1968 Steven John Atkinson 1971 -1990 Era: Name Tony "Cannonball" Parisi Dan O'Connor 1991 Present Era: Name Michael Pisano Tim Terry Masterson Justin Burdon* Niag araf1alls CANADA It is recommended that Council approve the 2007 Sports Wall of Fame Inductees for the January 2008 Induction Ceremony. The Inductees are listed below and a brief description of their achievements is attached. Category Builder Team Athlete Category Athlete Builder Category Athlete Builders Athlete 7150 Montrose Road, Unit 1, Niagara Falls ON, Canada L2H 3N3 905- 356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Sport Hockey Football Hockey Sport Wrestling Soccer Sport Martial Arts Hockey Track Field Cross Country Community Services Department Parks, Recreation Culture July 23, 2007 2 R- 2007 -20 *Automatic Induction Definition: (from Sports Wall of Fame Constitution) a) Any Niagara Falls athlete or team who wins an Olympic medal (gold, silver, bronze). b) Any Niagara Falls athlete or team who finishes first, second or third in any international championship sanctioned by the I.A.F. (International Athletic Federation) and /or is considered acceptable by the Sports Wall of Fame Committee. c) Any Niagara Falls athlete who wins a Canadian championship in a non -team discipline, in an unrestricted age category, and sanctioned by a governing body affiliated with Sport Canada and /or is considered authentic by the Sports Wall of Fame Committee. Any Niagara Falls team who wins a Canadian Championship or Ontario Championship (during the years 1900 to 1950 only) sanctioned by a governing body affiliated with Sport Canada and is considered authentic by the Sports Wall of Fame Committee BACKGROUND: On June 19, 2007, the Sports Wall of Fame Committee reviewed the Sports Wall of Fame Nomination Forms and selected Nominees for Induction into the 2007 Niagara Falls Sports Wall of Fame. The Sports Wall of Fame Committee hosts the Niagara Falls Sports Wall of Fame Induction Ceremony, annually each January. Induction into the Wall of Fame is a special recognition of the contribution and achievement of selected individuals who are athletes, builders, teams and sponsors. Recommended by: Approved by: I AA Denys el Morrissey, Dire or of Parks, Recreation Culture Ed lovic, Executive Director of Community Services Respectfully submitted: J•,�j MacDonald, Chief Administrative O icer Attachment S: \Council \Council 2007 \R -2007- 20 2007 Sports Wall of Fame Inductees .wpd Name Category /Sport Brief Description Clare C. Dahmer Builder /Hockey Assisted in developing the Stamford Sr. "B" Jr. "B" Hockey Teams, Stamford Minor Hockey, Stamford Figure Skating Club, Legion Hockey the Old- timers League Developed Arena Management Courses taught at Western and Guelph University Previous President of Ontario Arena Association Stamford Arena Manager for 25 years /First Stamford Memorial Arena Manager Stamford CVI Senior Football Team, 1966, 1967, 1968 Team /Football S.O.S.S.A. Zone 4 Senior Football Champions 67,68 Undefeated in 29 straight games and winning three zone championships Steven John Atkinson Athlete /Hockey N.H.L. National Hockey League Niagara Falls Flyer N.H.L. Professional Teams: Buffalo Sabres, Detroit Red Wings, Washington Capitals, Boston Bruins 1900 -1970 Era 2007 Sports Wall of Fame Inductees Name Category /Sport Brief Description Tony "Cannonball" Athlete/Wrestling Wrestling Titles Held: Parisi WWWF World Wide WWWF, WWF, IWA, NWF, NWA, IW (Also known as Tony Wrestling Federation Pugliese) Feb. 21 1966, at Madison WWF World Square Garden, Antonio Wrestling Federation Pugliese Johnny Valentine defeated WWWF IWA International U.S. Tag Team Champions Wrestling Alliance Dan Dr. Bill Miller (Australia) Received numerous awards NWF National Wrestling Alliance Recognized Nationally IW International Recognized Internationally Wrestling for achievements Dan O'Connor Builder /Soccer Founder of Minor Soccer in Niagara Falls Instrumental in creating a Regional league. 2007 Sports Wall of Fame Inductees Name Category /Sport Brief Description Michael Pisano Athlete /Martial Arts 1990 Won North American Championships 1990 Karate International Fighting Division 2' 1992 World Championships 2' in Self Defence 4th in Fighting in Weight Class 1996 World Championships Canadian Team 4th Tim Terry Masterson Builders /Hockey Involved with N.F. Canucks for 35 years; deeply embedded in local hockey N.F. Canucks have won 16 League Championships, 11 Play Off Championships and 2 Sutherland Cups (1996, 1998) Justin Burdon Athlete/Track Field Cross Country Captured the Canadian Junior Cross Country Championship in Fall of 1995 Won O.F.S.A.A. in the 1500 m in Spring 1996. S: \Events \Sports Wall of Fame\2007\Brief Bio for council report.wpd 2007 Sports Wall of Fame Inductees 1991 Pr July 23, 2007 MW- 2007 -94 His Worship Mayor Ted Salci and Members of the M unicipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: Niagaraflalls CANADA Re: MW- 2007 -94 Contract 2007- 187 -07 Bond Street, Edward Avenue, Locus Avenue Watermain Replacement That the unit prices submitted by the lowest tenderer Fine Grade Construction be accepted and; that approval be granted for the contract amount from the 2007 Capital Budget and; that the Mayor and City Clerk be authorized to execute the necessary agreement. BACKGROUND: The Tender Opening Committee, in the presence of the City's Clerk, Mr. Dean Iorfida, opened tenders on Tuesday, July 17 2007 at 1:30 p.m. for the above noted contract. Tender documents were picked up by nine (9) Contractors and six (6) bids were received. Listed below is a summary of the totaled tendered prices, excluding GST, received from the Contractors. Along with the corrected bids 1. Fine Grade Construction 2. Peters Excavating 3. DeRose Bros. 4. A -Van Egmond Construction 5. Alfidome Construction 6. Avertex Utility Solutions Niagara Falls Fort Erie Thorold Smithville Niagara Falls Orangeville 381,023.00 383,481.40 392,667.05 441,003.50 441,043.50 467,863.00 488,964.50 4310 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Community Services Departme Municipal Works July 23, 2007 2 MW- 2007 -94 The lowest tender was received from Fine Grade Construction in the amount of $381,023.00 This contractor has performed similar type projects for the City. We are of the opinion, that this contractor is capable of successfully undertaking this project. The engineer's estimate for this contract was 500,000.00 Project Costs: Awarded Contract (excluding GST) Funding: Watermain Replacement Program (Account No. 12 -3- 430003 030000) This project is scheduled to commence construction August 13, 2007 and all work is to carry through up to the scheduled 60 working days. Council's concurrence with the recommendation made would be appreciated. Recommended by: 6 Geoff Holman irect or of Municipal Works Approved by: Respectfully submitted: 1 Total 381,023.00 Total 381,023.00 381,023.00 381,023.00 Ed Dujlovic, Exec we Director of Community Services MacDonald, Chief Adminis ative Officer F. Tassone S: \REPORTS\2007 Reports \MW 2007 -94- Contract 2007- 187 -07 Bond Locus Edward Watermain Replacement DRAFT .wpd The City of Niagara Falls, Ontario Resolution No. Moved by Councillor Seconded by Councillor CITY OF_ b CANADA -NIA6 ARA fA� WHEREAS Official Plan and Zoning By -Law Amendment Application AM- 38/2004 AM- 19/2006 (Between the Welland River Biggar Road from Montrose Road to West of Morris Road), dealing with the expansion to a Golf Course Resort Block Area and Development of a Lifestyle Residential Community, was approved by Council on July 31, 2006; and WHEREAS the July 31S 2006 meeting complied with the requirements of the Planning Act to hold one statutory public meeting and associated notice provisions; and WHEREAS the developer has subsequently requested changes reflecting the refinement of the development that do not substantively change Council's approval of the proposal, as outlined in report PD- 2007 -60. 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 Official Plan and Zoning By -Law for application numbers AM- 38/2004 and AM- 19/2006 (Grand Niagara Resort Inc.) regarding an expansion to the golf course and the resort block area and the development of a lifestyle residential community is minor in nature and does not require any further notice. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA R. T. (TED) SALCI CITY CLERK MAYOR CITY OF NIAGARA FALLS By -law No. 2007 A by -law to appoint Bill Matson to take on duties of the City Clerk in his absence. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Bill Matson is hereby appointed Temporary Acting City Clerk when the City Clerk is unable to carry out his duties through illness or otherwise. 2. The Temporary Acting City Clerk shall have all the powers and duties of the City Clerk under the Municipal Act. 3. This by -law shall expire on the earlier of July 30, 2007 or such other time as the City Clerk, Dean Iorfida, is able to return to his duties. Passed this twenty -third day of July, 2007. BILL MATSON, ACTING CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: July 23, 2007 July 23, 2007 July 23, 2007 A by -law to authorize the execution of an Encroachment Agreement with Hana America Corporation, for the purpose of permitting an encroachment onto the Allendale Avenue road allowance. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Encroachment Agreement dated May 28, 2007 and made between Hana America Corporation as Owner and The Corporation of the City of Niagara Falls as City, for the purpose of permitting an encroachment onto the Allendale Avenue road allowance, subject to such terms and conditions as set out in the Encroachment Agreement attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the Encroachment Agreement and all other documents that may be required for the purpose of carrying out the intent of this by -law. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this twenty -third day of July, 2007. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: July 23, 2007. July 23, 2007. July 23, 2007. CITY OF NIAGARA FALLS By -law No. 2007 THIS AGREEMENT made this 28"' day of May, 2007 BETWEEN: HANA AMERICA CORPORATION Hereinafter called the "Owner" THE CORPORATION OF THE CITY OF NIAGARA FALLS Hereinafter called the "City" OF THE FIRST PART OF THE SECOND PART WHEREAS the Owner of certain property in the City of Niagara Falls has encroached or caused an encroachment on lands owned by the City; AND WHEREAS the Owner has requested the City to permit the encroachment and to allow it to continue; AND WHEREAS the Owner has agreed to enter into an Encroachment Agreement to allow a building entry canopy (the "Encroachment to encroach onto the Property, the extent of which Encroachment is more particularly set out in Schedule `B" attached hereto and forming part of this Agreement; NOW THEREFORE in consideration of the premises, terms and conditions and other good and valuable consideration, the parties hereto covenant and agree as follows: 1. The Owner is the owner of the lands more particularly described in Schedule "A" attached hereto and the City is the owner of the lands more particularly described in Schedule `B" attached hereto (the "subject lands 2. The City shall permit the Owner of the lands more particularly described in Schedule "A the privilege of maintaining and using the Encroachment upon and over those parts of the Property, which Encroachment is more particularly set out in Schedule `B" attached hereto, until such time as all or part of the Encroachment on the said Property is required by the City or any utility company serving the area for its purposes, whichever shall first occur. 3. The Owner, through inadvertence or otherwise, encroaches on part of the subject lands, which said encroachment is more particularly described in Schedule "C" attached hereto (the "encroachment 4. The Owner shall pay to the City through the Term, a fee in the amount of TWO DOLLARS ($2.00) plus G.S.T., payable in advance of the Commencement Date and on each anniversary of the Commencement Date. 5. The permission granted herein does not confer any rights in regard to any lands and roadways which are not under the City's jurisdiction and control. 6. The Encroachment shall not block or impede vehicular or pedestrian traffic nor shall it in any way impede any traffic signals. 7. The Owner shall assume all liability and obligation for any and all loss, damage, or injury (including death) to persons or property that would not have happened but for this Agreement or anything done or maintained by the Owner thereunder or intended so to be and the Owner shall at all times indemnify and save harmless the City from and against all such loss, 2 damage, or injury and all actions, suits, proceedings, costs, charges, damages, expenses, claims or demands arising therefrom or connected therewith; provided that the Owner shall not be liable to the extent to which such loss, damage, or injury is caused or contributed by the neglect or default of the City. 8. The Owner agrees to take out and keep in force a Commercial General Liability insurance policy to cover both bodily injury, public liability and property damage satisfactory to the City Solicitor protecting and indemnifying the Owner and the City, its officers, employees and agents against any claims for damage or bodily injury to or death of one or more persons and the loss of or damage to property occurring in, on, or about the Lands with all inclusive coverage of not less than Two Million Dollars ($2,000,000.00), such policy to include the City as an additional insured and to be endorsed to include the contractual obligation of the Licensee to the City under this Agreement and to contain a "cross liability" endorsement. The said insurance policy shall include a clause that the insurer will not cancel or change the insurance coverages without first giving the City thirty (30) days prior written notice. The City may, in its sole discretion acting reasonably, require the Owner to raise the minimum amount of coverage and shall so advise the Owner in writing, who then shall immediately increase the minimum coverage and deliver to the City within thirty (30) days, a certified copy of the policy or certificate in lieu, in a form satisfactory to the City's Solicitor and attached hereto as Schedule "D showing the amended coverage. Failure of the Owner to comply with this provision shall constitute a breach of this Agreement and shall entitle the City to terminate hereunder. 9. The City or any utility company serving the area, shall be entitled to remove any portion of the said Encroachment, erected upon or over the subject lands, in the event of an emergency and the Owner covenants and agrees that such removal shall be at the Owner's expense. 10. The Owner covenants and agrees with the City to maintain the Encroachment at all times in a good and proper repair and condition satisfactory to the Director of Municipal Works. 11. The Owner covenants and agrees with the City that the encroachment upon the subject lands shall be limited to the Encroachment shown in Schedule "C" to the Agreement and that it will not increase, extend or enlarge or permit the increase, extension or enlargement of the Encroachment in any manner whatsoever. 12. This Agreement, including Schedules "A `B "C" and "D constitutes the entire Agreement of the parties hereto and supersedes any prior agreements, undertakings, declarations, representations, and understandings, both written and verbal, in respect of the subject matter hereof. 13. This Agreement cannot be changed or modified except by another agreement in writing signed by the parties. 14. If any provision of this Agreement is determined to be illegal or invalid as written, such provision shall be enforced to the maximum extent permitted by law and such illegality or invalidity shall not affect the validity of the remainder thereof. 15. Failure by either party to insist upon the strict performance of any covenant, agreement, term or condition of this agreement, or to exercise any right or remedy consequent upon the breach thereof, shall not constitute a waiver of any such breach or any subsequent breach of such covenant, agreement, term or condition. No covenant, agreement, term or condition of this agreement and no breach thereof shall be waived, altered or modified except by written instrument No waiver of any breach shall affect or alter this agreement but each and every covenant, agreement, term and condition of this agreement shall continue in full force and effect with respect to any other then existing or subsequent breach thereof. 16. This Agreement shall be read with all changes of gender and number required by the context. 17. (1) Where this Agreement requires notice or a document to be delivered by one party to the other, such notice or document shall be in writing and delivered either personally, by e -mail, by fax or by prepaid ordinary first class post, by the party wishing to give such notice or document, to the other party at the address noted below. -3- (2) Such notice or document shall be deemed to have been given: (a) in the case of personal delivery, on the date of delivery; (b) in the case of e -mail or fax, on the date of transmission provided it is received before 4:30 p.m. on a day that is not a holiday, as defined in the Interpretation Act, failing which it shall be deemed to have been received the next day, provided the next day is not a holiday; and (c 18. Notice shall be given, to the Owner at: Hana America Corporation 6079 Stanley Avenue Niagara Falls, ON L2G 3Y3 Attention: Kyusung Cho Telephone: (905) 358 -5370 in the case of registered post, on the third day, which is not a holiday, following posting. The Corporation of the City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 Attention: Legal Services Telephone: (905) 356 -7521 Facsimile: (905) 371 -2892 19. The Owner shall indemnify, save, defend and keep harmless from time to time and at all times, the City of, from and against all actions, causes of action, interest, claims, demands, costs, charges, damages, expenses and loss which the City may at any time bear, incur, be liable for, sustain or be put unto for any reason or on account of or by reason of or in the consequence of the City entering into this agreement. 20. The Owner shall not be at liberty to assign or transfer either in whole or in part the privileges hereby granted by the City in this agreement without the written consent of the City. 21. The City may terminate this agreement upon 30 days notice, in writing, to the Owner as to its intention to terminate. 22. Upon termination of this agreement, the Owner shall remove entirely, at its sole expense, from the City lands, the Encroachment and restore the City lands to its original condition or equivalent. 23. If the Owner is in default or breach, at the Owner's expense, and the City shall be permitted to recover the expenses incurred in remedying the default or breach from the Owner by adding the expenses to the Owner's municipal taxes to be collected in accordance with section 427 of the Municipal Act, 2001 S.O. 2001 c.25, as amended and any successor legislation thereto. 24. This agreement shall enure to the benefit of and be binding upon the parties hereto, their heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF the parties hereto have set their hands and seals and the City has hereunto affixed their corporate seals duly attested by the hands of the proper signing Officers and the said signing Officers certify that they have authority to bind their Corporations. 4 HANA AME CA CORPORATION N.. e: K y u 0 do k So Title: Pces;der t Name: Title: THE CORPORATION OF THE OF NIAGARA FALLS Name: R.T. (Ted) Salci Title: Mayor Name: Dean Iorfida Title: City Clerk 5 SCHEDULE "A" to an Agreement dated the 1s day of June, 2007 between HANA AMERICA CORPORATION and THE CORPORATION OF THE CITY OF NIAGARA FALLS (Owner's Lands) Firstly: Part Range 22 Plan 1 Stamford being Part 1 on 59R- 12016; Secondly: Part Range 22 Plan 1 Stamford being Part 2 on 59R 12016; All in the City of Niagara Falls, in the Regional Municipality of Niagara. itatthers, E on, 1& LAWN AC 0 J Q dETRIC NOTE AN BE c O HWREE D TO F MAN HT DM�SINO METRES Err 0.301.11 OTE1 THIS SKETCH 1 NOT A v1oy,It, 2-cts7 Date Ontario on l 5uiveyua 111 055 1rmwra S -unit i1. l3 7c2 (9 3 50 -3993 or (905 35 9224 to an Agreement dated the 1 day of June, 2007 between HANA AMERICA CORPORATION and THE CORPORATION OF THE CITY OF NIAGARA FALLS 1.9c 1 t r T. HUT. 51. Cathorin.. 90 Mitch 5104 (905) 507 -3300 f1 LA OF SURVEY. air AC sc ITa az ol 6 SCHEDULE "B" 2 o�IV� o,J r�e t� rerri LIM SAL E 2 1 S.W. COZraE�. knT I PLa i G.a3 Uerapy STP �7 (YEAR ,7 7 pL 2 4 $KETON To I LLuST2.A 'Desc219710.J of I_At -s'P PA eT or A t_LCs,] .•eeeT (tJ c Lie^�ztz �Ar ate SHcz .y�� 0L.1 'PLAIN C4iS`3) IC of 1) IAGA4A 'FAUs REGIONAL MUNICIPALITY OF NIAGARA I" 38070 18LE ALTTAC'44`t„0 7 SCHEDULE "C" to an Agreement dated the Is' day of June, 2007 between HANA AMERICA CORPORATION and THE CORPORATION OF THE CITY OF NIAGARA FALLS besc tYOn of Land All and Singular that certain parcel or tracts of land and premises, situate, lying and being in the City of Niagara Falls and Regional Municipality of Niagara and being composed of that portion of Allen Street (now Allendale Avenue) on Plan 1, more particularly described as :Follows; Beelnni g at the south -east corner of Robinson Street and said Allendale Avenue. Thence southerly along the easterly limit of said Allendale Avenue, a distance of 50.39 metres, to it's intersection with the prolongation easterly of the northerly face of a brick enclosed entrance, being the Point of Commencement of the herein described parcel. Thence continuing southerly along said easterly limit of Allendale Avenue, a distance of 4.17 metres to it's intersection with the prolongation easterly of the southerly face of said brick enclosed entrance. Thence westerly along said southerly face of brick enclosed entrance and prolongation easterly, a distance of 1.90 metres to the westerly face of said brick enclosed entrance. Thence northerly along said westerly face of brick enclosed entrance, a distance of 4.17 metres to the northerly face of said brick enclosed entrance. Thence easterly along said northerly face of brick enclosed entrance and prolongation easterly, a distance of 1.89 metres to the Point of Commencement of the herein described parcel. The hereinbefore described parcel of land contains an area of 7.9 metres, by acinneasurement, and is shown in heavy outline of a sketch of survey by Andrew Cameron, O.L.S. of the firm Matthews, Cameron, Heywood Kerry T. Howe Surveying Ltd., dated May 14, 2007, under File LLN 38070. type of insurance policy number effective date expiry date limits of liability comprehensive general liability 8 SCHEDULE "D" to an Agreement dated the 1S day of June, 2007 between HANA AMERICA CORPORATION and THE CORPORATION OF THE CITY OF NIAGARA FALLS CERTIFICATE OF INSURANCE This is to certify that the insured named below is insured by the insurance policy(ies) and with the insurance company set out below: The Corporation of the City of Niagara Falls has been added as an additional insured but only with respect to its interest in the operations of the named insured. This is to certify that the policy(ies) of insurance as set out above have been issued to the insured by the insurance company and are in full force and effect at this time. If the policy(ies) of insurance are cancelled or changed in any manner or for any reason that would affect The Corporation of the City of Niagara Falls, the insurance company shall give thirty (30) days prior written notice by registered mail to: The Corporation of the City of Niagara Falls Legal Department 4310 Queen Street, P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 This certificate is executed and issued to The Corporation of the City of Niagara Falls by: name of insurance company date name of insurance broker authorized representative PROOF OF LIABILITY INSURANCE WILL BE ACCEPTED ON THIS FORM ONLY (WITH NO AMENDMENTS) IF INSURANCE IS PLACED IN PRIMARY AND EXCESS LAYERS, FILE SEPARATE CERTIFICATES FOR EACH Rev. October /04 CITY OF NIAGARA FALLS By -law No. 2007 A by -law to authorize the execution of a Subdivision Agreement with 727604 Ontario Limited and 464404 Ontario Limited respecting Miller Road Estates Subdivision, subject to all conditions of the Agreement being met to the satisfaction of the Director of Planning and Development. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Subdivision Agreement dated the 20 day of September, 2006 and made between 727604 Ontario Limited and 464404 Ontario Limited and The Corporation of the City of Niagara Falls with respect to the lands comprised of Part Township Lots 15 and 16 Concession 1, in the City of Niagara Falls, in the Regional Municipality of Niagara subject to the terms and conditions as described in the Subdivision Agreement, an excerpt of the first page attached as Appendix "1" and shown on the proposed Plan of Subdivision attached as Appendix "2" and providing for the payment by the Subdivider of Municipal Works Items as described in Schedule "C a copy of which Schedule is attached as Appendix "3" and further providing for the costs of development charges as described in Schedule "F" attached as Appendix "4" is hereby approved and authorized. 2. The acquisition by and acceptance of a conveyance or conveyances to The Corporation of the City of Niagara Falls of all required reserve blocks shown on the Plan of Subdivision and all required road widenings, easements and park lands described in Schedules "G" and "H copies of which Schedules are attached as Appendices "5" and "6" are hereby approved and authorized. 3. The Mayor and Clerk are hereby authorized to execute the said Subdivision Agreement, grants to The Corporation of the City of Niagara Falls of any easement required by it and such other conveyances, agreements and documents which the City Solicitor deems necessary to carry out the intent of this by -law and the said Subdivision Agreement and to permit registration of the proposed Plan of Development, and the Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Subdivision Agreement, grants of easements, conveyances and other agreements and documents upon receipt of written confirmation from the Director of Planning and Development that all of the City's conditions for the execution of the said agreement have been satisfied. 4. This by -law will come into force when the Agreement has been property executed by 727604 Ontario Limited and 464404 Ontario Limited Passed this twenty -third day of July, 2007. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: July 23, 2007. July 23, 2007. July 23, 2007. THIS AGREEMENT made this 20 day of September, 2006 BETWEEN: 727604 ONTARIO LIMITED and 464404 ONTARIO LIMITED Hereinafter called the "Subdivider and THE CORPORATION OF THE CITY OF NIAGARA FALLS, Schedule page 5 of the FIRST PART; Hereinafter called the "City of the SECOND PART; WHEREAS the Subdivider has applied to The Corporation of the City of Niagara Falls pursuant to section 51 of the Planning Act, R.S.O. 1990, for approval of a plan of subdivision (hereinafter called "the Plan attached hereto as Schedule "A" and entitled MILLER ROAD ESTATES, being lands comprising Part of Willoughby Township Lots 15 and 16 Concession 1, formerly in the Township of Willoughby, now in the City of Niagara Falls, and more particularly described in Schedule "B" attached hereto, hereinafter called "the lands AND WHEREAS In accordance with the conditions imposed by the City, the Subdivider is required to enter into this agreement; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the City's approval and acceptance of the said plan of subdivision, after compliance with all the requirements hereinafter set forth, of the roads and streets Laid out as public highways on the said plan of subdivision and the Mutual covenants and agreements to be observed and performed by each of the parties hereto, the Subdivider and the City hereby covenant and agree each with the other as follows: This is not a Plan of Survey Schedule A Miller Road Estates Subdivision Kt \t<TS Reauects12006\ Schedules \Snhdivicinnc \MillerRnad Rctatrc \MillrrRnad Rctatrc man Schedule Page W E Scale 1:9000 SAntnmher 900(. I. Watermains 2. Sanitary Sewermains 6. Finished Roads Items *Note Estimates of Service Costs Provided by Consultant Watermains including water service laterals to the street line on all streets within the subdivision. Sanitary sewermains including service laterals to the street line on all streets within the subdivision. Curb, gutter and base asphalt paving of all streets within the subdivision including the construction of Granular "A" driveway ramps to all lots within the subdivision. Surface asphalt paving of all streets within the subdivision. Schedule "C" Miller Road Estates North Subdivision Summa Cost of Services Column 1 Total Estimated Cost N/A N/A Column 11 Column 111 Cash Deposit Payable Estimated Letter of Credit When Agreement Signed When Agreement Signed N/A N/A 3. Storm Sewermains Weeping tile and culvert installation including ditching and swaling. $226,340 $226,340 4. Granular Roads Driveways Excavation and Granular "A" base of all streets and driveways within the subdivision. $292,700 $292,700 S. Base Roads $71,250 $71,250 $57,000 $57,000 Schedule Page 39 %PPENDIX !!5:11 Items Column I Column II Column 111 *Note Estimates of Service Costs Provided by Consultant 7. Sidewalks 8. Street Signs Schedule "C" Miller Road Estates North Subdivision Summary Cost of Services N/A N/A Total Estimated Cost Cash Deposit Payable Estimated Letter of Credit When Agreement Signed When Agreement Signed a) Street name sign $920 $920 b) Regulatory traffic sign $4,180 $4,180 9. Street Trees $6,400 $6,400 10. Street Lighting $50,000 $50,000 Sub Totals $708,790 $4,180 $704,610 10 Contingency on Items 1 to 10 $70,880 $70,460 Schedule Page 40 *Note Estimates of Service Costs Provided by Consultant 11. Engineering Costs Schedule "C" Miller Road Estates North Subdivision Summary Cost of Services Items Column 1 Column II Column III Schedule Page 41 Total Estimated Cost Cash Deposit Payable Estimated Letter of Credit When Agreement Signed When Agreement Signed a) City's 3.0% Administration Fees on Items 1 to 10 inclusive. $21,265 $21,265 b) Engineering fees 2.5% for inspection works to be constructed under Items 1 to 10 inclusive. 17,720 $17,720 c) Streetlight Consultants inspection Fee $2,500 $2,500 Total Estimated Costs $821,155 $45,665 $775,070 12. Lot Grading Performance Deposit $22,000 $22,000 Development Charges (By -Law #2004 -138) Schedule "F" Schedule Page Miller Road Estates North Subdivision Units Category of Land Use Rate /Unit* Amount Payable at Subdivision Agreement Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 22 22 Single Family Rural $4,223 $4,223 x 22 $92,906 S: \1. Sabdisisioas\2000 -317 Miller Road Estates North \Schedule F.wpd Total $92,906 NOTE: The rates and calculation shown reflect the Development Charges applicable at the time of the Agreement as set out in By -law 2004 -138. If the issuance of Building Permits are issued after this date, the Development Charges Rate at that date will apply. APPENDIX ft Schedule "G" Miller Road Estates North Subdivision Cash in Lieu of Parkland Dedication: (Cash -in -lieu calculation to be provided by Planning Dept Parks /Rec Dept) S: \I. Subdivisions @000 -317 Miller Road Estates North\Schedule G.wpd Schedule Page Schedule "H" Miller Road Estates North Subdivision Easements and Lands to be Deeded to the City of Niagara Falls: 1. Easements To be granted to the City within the lands of the subdivision, a) For CSP culvert 3.0 m wide for full length centered on either side of lot line between the lots: i) 4 &5 b) For woodlot and hedgerow preservation: i) Parts 3, 4, 5, 6, 7, 8 9, 59R- 2. Blocks To be granted to the City within the lands of the subdivision. a) Block 25 3.0 m Road Widening- Miller Road b) Block 26 3.0 m Road Widening- Miller Road c) Block 23 Watercourse d) Block 24 Watercourse S: \I. Subdivisions \2000317 Miller Road Estates North \Schedule H.wpd Schedule Page CITY OF cANAUA NIAGARA FAD THE CORPORATION OF THE CITY OF NIAGARA FALLS COLUMN 1 COLUMN 2 COLUMN 3 HIGHWAY SIDE BETWEEN BY -LAW Number 2007 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Stopping Prohibited, Parking Prohibited, Parking Meter Zones, Stop Signs At Railway Crossings, Parking Meter Exemptions, Heavy Vehicle Restrictions) The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By -law No. 89 -2000, as amended, is hereby further amended (1) by adding to the specified columns of Schedule A thereto the following items: STOPPING PROHIBITED COLUMN 4 TIMES OR DAYS Victoria Avenue West Between a point 30 metres north of At all times Kitchener Street and a point 50 metres Tow away zone south of Kitchener Street COLUMN 1 COLUMN 2 COLUMN 3 HIGHWAY SIDE BETWEEN COLUMN 1 COLUMN 2 COLUMN 3 HIGHWAY SIDE BETWEEN -2- Victoria Avenue West Between a point 50 metres south of At All Times Kitchener Street and a point 15 metres Except Sundays North of Bender Street 9:00a.m. to 1:OOp.m. Tow away zone Victoria Avenue West Between a point 15 metres north of Bender At all times Street and a point 25 metres south of Tow away zone Hunter Street (2) by deleting from the specified columns of Schedule A thereto the following items: STOPPING PROHIBITED Victoria Avenue West Between a point 30 metres north of Kitchener Street and a point 50 metres south of Kitchener Street COLUMN 4 TIMES OR DAYS At all times Victoria Avenue West Between a point 50 metres south of At All Times Kitchener Street and a point 15 metres Except Sundays North of Bender Street 9:00a.m. to 1:00p.m. Victoria Avenue West Between a point 15 metres north of Bender At all times Street and a point 25 metres south of Hunter Street (3) by adding to the specified columns of Schedule C thereto the following items: PARKING PROHIBITED COLUMN 4 TIMES OR DAYS Kitchener Street South Victoria Avenue and a point 65 metres At all times West of Victoria Avenue Tow Away Zone Hunter Street Southwest Victoria Avenue and a point 125 metres At all times northwest of Victoria Avenue Tow Away Zone Hunter Street Southwest Kitchener Street and a point 125 metres At all times northwest of Victoria Avenue Except by permit Hunter Street Northeast Kitchener Street and a point 90 metres At all times southeast of Kitchener Street Except By Permit Kitchener Street South Hunter Street and a point 58 metres At anytime east of Hunter Street Tow away zone Kitchener St South Hunter Street COLUMN 1 HIGHWAY Hunter Street Hunter Street Hunter Street Hunter Street Kitchener Street Kitchener St Union Ave Union Ave Union Ave Northeast Victoria Avenue and a point 20 metres northwest of Victoria Avenue (4) by deleting from the specified columns of Schedule C thereto the following items: COLUMN 2 COLUMN 3 SIDE BETWEEN Northeast Southwest Southwest North South South West East East -3- Between a point 82 metres west of Victoria Avenue and a point 65 metres west of Victoria Avenue PARKING PROHIBITED Union Avenue and a point 12 metres southeast of Union Avenue Victoria Avenue and a point 66 metres northwest of Victoria Avenue Kitchener Street and a point 66 metres west of Victoria Avenue Union Avenue and Kitchener Street Hunter St. and Union Ave. Union Ave and a point 65m West of Victoria Ave Kitchener St and Hunter St Kitchener St and a point 15m south of Kitchener St A point 50m south of Kitchener St and Hunter St At any time Tow away zone At all times Tow away zone COLUMN 4 TIMES OR DAYS At all times Tow Away Zone At all times Tow Away Zone At all times Except by permit At Anytime Except By Permit At anytime tow away zone At any time tow away zone At any time tow away zone At any time tow away zone At any time tow away zone -4- (5) by deleting from the specified columns of Schedule G thereto the following items: PARKING METER ZONES COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5 COLUMN 6 HIGHWAY SIDE BETWEEN FEES MAXIMUM DAYS TIMES Kitchener South Victoria Ave. $1.00/hour 2 hours 8:OOam to 12:OOam Street And Union Ave. $0.25115min daily Hunter North Victoria Ave. $1.00/hour 8 hours 8:OOam to 12:OOam Street And Union Ave. $0.25/15min (6) by adding to the specified columns of Schedule G thereto the following items: PARKING METER ZONES COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5 COLUMN 6 HIGHWAY SIDE BETWEEN FEES MAXIMUM DAYS TIMES Kitchener South A point 65 $1.00/hour 2 hours 8:OOam to 12:OOam Street metres west $0.25115min daily of Victoria Avenue and a point 100 metres west of Victoria Avenue Hunter Street Northeast A point 20 metres $1.00/hour 8 hours 8:OOam to 12:OOam northwest of $O.25 /15min daily Victoria Avenue and a point 125 metres northwest of Victoria Avenue -5- (7) by adding to the specified column of Schedule P1 thereto the following items: STOP SIGNS AT RAILWAY CROSSINGS COLUMN 1 COLUMN 2 RAILWAY CROSSING FACING TRAFFIC Lincoln Street Eastbound on Lincoln Street at mileage 10.96 Lincoln Street Westbound on Lincoln Street at mileage 10.96 Morris Road Northbound on Morris Road at mileage 8.03 Morris Road Southbound on Morris Road at mileage 8.03 Yokom Road Eastbound on Yokom Road at mileage 10.32 Yokom Road Westbound on Yokom Road at mileage 10.32 Sub section 209.11 (viii) is repealed and the following substituted: (viii) A privately owned vehicle, identified by an official handicapped permit displayed in the windshield or a valid government issued "Veterans" license plate for up to two hours or the maximum period of time indicated on the face of the meter, whichever is less, as identified in Schedule "G (9) by adding the following section: 402.02 The City of Niagara Falls shall erect stop signs on the highways, at railway crossings set out in Column 1 of Schedule "P1" of this by -law, facing traffic proceeding the direction set out in column 2 of the said schedule. (10) by deleting from the specified column of Schedule S thereto the following item: HEAVY VEHICLE RESTRICTION COLUMN 1 COLUMN 2 COLUMN 3 HIGHWAY BETWEEN TIMESIDAYS Hunter St. Union Street Kitchener Street Anytime inc. "No Buses" $5,000 fine Hunter Street -6- (11) by adding to the specified column of Schedule S thereto the following item: HEAVY VEHICLE RESTRICTION COLUMN 1 COLUMN 2 COLUMN 3 HIGHWAY BETWEEN TIMESIDAYS Kitchener Street and a point 90 metres Anytime inc. "No Buses" southeast of Kitchener Street $5,000 fine (12) Section 205 is amended by adding the following subsections: 205.01.12 If it is a heavy vehicle and is parked between the hours of 2:00a.m. and 6:00a.m. unless permitted by sign. 205.01.13 If it is a heavy vehicle and is parked on a boulevard. This By -law shall come into force when the appropriate signs are installed. First Reading: July 23, 2007 Second Reading: July 23, 2007 Third Reading: July 23, 2007 Passed this twenty -third day of July, 2007. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR CITY OF NIAGARA FALLS A by -law to amend By -law Nos. 79 -200 and 2002 -113, to permit the development of a townhouse dwelling on the west side of Kalar Road. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. By -law No. 2002 -113 is amended as follows: (a) by deleting Schedule 1 and replacing it with Schedule 1 attached; (b) by deleting section 1 and replacing it with the following: "Sheet B4 of Schedule "A" to By -law No. 79 -200 is amended by redesignating from TC to R1E and numbered 580, in part, R1E and numbered 651, in part, R1E and numbered 652, in part, and R4 and numbered 581, in part, the land on the west side of Kalar Road, north of Lundy's Lane, being Part of Township Lots 122 and 134 and Part of the Road Allowance between Township Lots 122 and 134, in the former Township of Stamford, now in the City of Niagara Falls, in the Regional Municipality of Niagara, and shown hatched and designated R i E and numbered 580, in part, R1E and numbered 651, in part, R1E and numbered 652, in part, and R4 and numbered 581, in part, on the plan Schedule 1 attached to and forming part of this by- law. (c) by deleting section 4 and replacing it with the following: "4. Notwithstanding the provisions of sections 4.27.1 and 7.9.1 and clauses (a), (c), (d) and (e) of section 7.9.2 of By -law No. 79 -200, no person shall use the land described in section 1 of this by -law and shown hatched and designated R4 and numbered 581 on the plan Schedule 1 attached hereto, or erect or use any building or structure thereon, except for the purpose of a townhouse dwelling and accessory buildings and accessory structures, and except in compliance with the following regulations: (a) Minimum lot area By law No. 2007 (b) Minimum front yard depth 4.5 metres (c) Minimum rear yard depth 2.4 metres (d) Minimum side yard width 7.5 metres 245 square metres for each dwelling unit (e) Accessory buildings and in accordance with sections 4.13 and accessory structures 4.14 of By -law No. 79- 200 and (d) by deleting clause 19.1.581 of section 6 and replacing it with the following: First Reading: Second Reading: Third Reading: "19.1.581 Passed this twenty -third day of July, 2007. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR July 23, 2007 July 23, 2007 July 23, 2007 2 Notwithstanding the provisions of sections 4.27.1 and 7.9.1 and clauses (a), (c), (d) and (e) of section 7.9.2 of By -law No. 79 -200, no person shall use the land on the west side of Kalar Road, north of Lundy's Lane, designated R4 and numbered 581 on Sheet B4 of Schedule "A or erect or use any building or structure thereon, except for the purpose of a townhouse dwelling and accessory buildings and accessory structures, and except in compliance with By -law No. 2002 113." SCHEDULE 1 TO BY -LAW No. 2002 -113 Subject Land Description: Applicant: Fruitbelt Development 33.91m\ N, 1 i►.•• .t��. 35.01 m .)74 I 0 I a: 4 .2 71 0 r ,i 7. 11. 4 I D i t Ili al: :;•74 w IC H 11 1 1 i a 1 FERfN oR 7 A i ',4• E 63.0 m 0 Amending Zoning By -law No.79 -200 Part of Stamford Township Lots 122 and 134 and Part of the Road Allowance between Stamford Township Lots 122 and 134, and Part 1, 59R- 11665, save and except for Part 1, 59R 11322, in the former Township of Stamford, now in the City of Niagara Falls, in the Regional Municipality of Niagara 1:NTS AM- 11/2007 K: \GIS_Requests\ 2007\ Schedules \ZoningAM\AM -11 \mapping.map June 2007 CITY OF NIAGARA FALLS By -law No. 2007 A by law to amend By law Nos. 79 200 and 2006 93 to permit the construction of a 7 storey hotel. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. By -law No. 2006 -93 is amended as follows: (a) by deleting Schedules 1 and 2 and Appendix 1 and replacing it with Schedules 1 and 2 and Appendix 1 attached; (b) by adding the phase "redesignating from TC and numbered 5, in part, to TC, in part," in the first line of section 1 so that the section shall read as follows: "1. Sheet D4 of the Schedule "A" to By -law No. 79 -200 is amended by redesignating from TC and numbered 5, in part, to TC, in part, renumbering from 5 to 746, in part, and numbering 746, in part, the land on the west side of Victoria Avenue between Hunter Street and Kitchener Street, being the land described in Appendix "A" and shown hatched and designating TC and numbered 746 on the plan Schedule 1, attached to and forming part of this by -law." (c) by deleting "having a building height greater than 12 metres" in the fourth line of section 5 so that the section shall read as follows: "5. Notwithstanding the provisions of clauses (a), (b), (c), (d), (e), (g) and (i) of section 8.6.2 of By -law No. 79 -200, no person shall use the land described in section 1 of this by -law and shown and hatched and designated TC and numbered 746 on the plan Schedule 1 attached hereto, or erect or use any building or structure thereon for purpose of a hotel, except in compliance with the following regulations:" (d) by deleting "6" in the second line of clause (d) of section 5 and replacing it with "3.3" so that the clause shall read as follows: "(d) Roof feature the hotel shall have a roof feature which has a height of not less than 3.3 metres above the top storey. The roof feature shall be a distinct architectural element of the building and shall not contain a place of occupancy" (e) by deleting "12 in the first line of clause (e) of section 5 and replacing it with "10 so that the clause shall read as follows: First Reading: Second Reading: Third Reading: 2 "(e) Minimum landscaped open space after any dedication required for road widening DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR Passed this twenty -third day of July, 2007. (f) by deleting "having a building height greater than 12 metres" in the sixth line of clause (d) of section 10 so that the clause shall read as follows: 10% of the lot area" "(d) Notwithstanding the provisions of clauses (a), (b), (c), (d), (e), (g) and (i) of section 8.6.2 of By -law No. 79 -200, no person shall use the land on the west side of Victoria Avenue between Hunter Street and Kitchener Street, designated TC and numbered 746 on Sheet D4 of Schedule "A or erect or use any building or structure thereon for the purpose of a hotel, except in compliance with By -laws No. 2006 -93 and 2007- July 23, 2007 July 23, 2007 July 23, 2007 APPENDIX 1 Lots 479, 480 and 481 according to Plan 746, now known as Plan 9, in the former Town of Niagara falls, in the County of Welland and Lots 487 and 488 according to Plan 34, now known as Plan 297, now all in the City of Niagara Falls, in the Regional Municipality of Niagara. Lot 483 according to Plan 746, now known as plan 9, in the former Town of Niagara Falls, in the County of Welland, now in the City of Niagara Falls, in the Regional Municipality of Niagara. Lot 486 according to Plan 34, now known as Plan 297, in the City of Niagara Falls, in the Regional Municipality of Niagara. Lot 484 and 485 according to Plan 746, now known as plan 9, in the former Town of Niagara Falls, in the County of Welland and part of Lots 492 and 493 according to Plan 34, now known as Plan 297, now all in the City of Niagara Falls, in the Regional Municipality of Niagara. Lot 482 according to Plan 746, now known as Plan 9, in the former Town of Niagara Falls, in the County of Welland, now in the City of Niagara Falls, in the Regional Municipality of Niagara. Part 8, formerly Union Avenue, according to Plan 59R- 13223, in the City of Niagara Falls, in the Regional Municipality of Niagara. SCHEDULE 1 TO BY -LAW No. 2006 -93 Subject Land Description: Applicant: Assessment KITCHENER ST 6523 m Amending Zoning By -law No. 79 -200 See Appendix 1 1251435 Ontario Limited 1397878 Ontario Limited 272503000308100 272503000310800 272503000310900 272503000311400 1:NTS AM- 09/2007 K: \GIS Requests\ 2007\ Schedules \ZonIngAM\AM- 09 \mappIng.map July 2007 SCHEDULE 2 TO BY -LAW No. 2006 -93 KITCHENER ST 65.23 m ti I 0 w 6m Q 16.7m a 33.5m 1.5 m G 3m 47.4m j jr-Ag 1 4 25 m E .4 l a I i 00 R =21 m BENDER ST o b Gis 2.5 m 2.5 m Si 4m 12 m Amending Zoning By -law No. 79 -200 Building Components Location Before any dedication required for road widening Maximum of Storeys Maximum Height Tower and Roof Feature Podium WA 7 Storeys 4 Storeys 27 m 12 m Assessment #s: 272503000308100 272503000310800 272503000310900 272503000311400 See Appendix 1 1251435 Ontario Limited 1397878 Ontario Limited 1:NTS AM- 09/2007 K:GIS_Requests \2007\ Schedules \ZoningAM\AM- 09 \mapping.map July 2007 CITY OF NIAGARA FALLS By -law No. 2007 A by law to amend By law No. 79 200, to permit a gasoline bar and a retail store. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Sheet C5 of Schedule "A" to By -law No. 79 -200 is amended by redesignating from NC to AS and numbered 790, the land on the northwest corner of Drummond Road and McLeod Road, being Part of Township Lot 172, in the former Township of Stamford, now in the City of Niagara Falls, in the Regional Municipality of Niagara and shown hatched and designated AS and numbered 790 on the plan Schedule 1, attached to and forming part of this by -law. 2. Notwithstanding the provisions of sections 4.27.1 and 8.9.1 and clauses (a), (d), (e), (g), (h) and (j) of section 8.9.3 of By -law No. 79 -200, no person shall use the land described in section 1 of this by -law and shown hatched and designated AS and numbered 790 on the plan Schedule 1 attached hereto except for the purpose of a gasoline bar and a retail store, and except in compliance with the following regulations: (a) Minimum lot area Minimum lot frontage Minimum rear yard depth Minimum interior side yard width Maximum lot coverage Maximum height of a building or structure Notwithstanding any of the above noted provisions or the provisions contained in section 8.9.3 of By -law No. 79 -200, no pump, pump island or canopy shall be located closer to any lot line than (h) Maximum floor area of a retail store the whole of the land shown hatched and designated AS and numbered 790 on the plan Schedule 1 attached hereto, save and except for any part that may be required to be dedicated for the purpose of road widening 19 metres 1 metre 1 metre 32% 6 metres 3.6 metres 110 square metres 19.1.790 Passed this twenty -third day of July, 2007. First Reading: Second Reading: Third Reading: July 23, 2007 July 23, 2007 July 23, 2007 2 3. Section 19 of By -law No. 79 -200 is amended by adding thereto the following: Notwithstanding the provisions of sections 4.27.1 and 8.9.1 and clauses (a), (d), (e), (g), (h) and (j) of section 8.9.3 of By -law No. 79 -200, no person shall use the land on the northwest corner of Drummond Road and McLeod Road, designated AS and numbered 790 on Sheet C5 of Schedule "A or erect or use any building or structure thereon, except for a gasoline bar and a retail store, and except in compliance with By -law No. 2007 DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR Subject Land Description: Applicant: SCHEDULE 1 TO BY -LAW No. 2007 Amending Zoning By -law No. 79 -200 Part of Township Lot 172, in the former Township of Stamford, now in the City of Niagara Falls, in the Regional Municipality of Niagara Pioneer Petroleums Assessment #s: 272508000509300 1:NTS AM- 13/2007 K \GIS_Requests\ 2007\ Schedules \ZoningAM\AM- 13 \mapping.map June 2007 CITY OF NIAGARA FALLS By -law No. 2007 A by -law to amend By -law No. 79 -200, to permit an assembly hall and accessory buildings and accessory structures. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Sheet D5 of Schedule "A" to By -law No. 79 -200 is amended by redesignating from I to TC and numbered 786, the land on the southeast corner of Stanley Avenue and Livingstone Street, being Part of Ontario House Lot and Part of Range 1, Plan 1 and Part of Lot 160, Broken Front, in the Former Township of Stamford, designated as Parts 1, 2, 3, 4, 5 and 6 on Plan 59R -9680, now in the City of Niagara Falls, in the Regional Municipality ofNiagara, save and except Parts 3 and 4 on Plan 59R -11880 and Parts 1 and 2 on Expropriation Plan 819426, and shown hatched and designated TC and numbered 786 on the plan Schedule 1, attached to and forming part of this by -law. 2. Notwithstanding the provisions of section 8.6.1 and clauses (a), (b), (c), (d), (e) and (f) of section 8.6.2 of By -law No. 79 -200, no person shall use the land described in section 1 of this by -law and shown hatched and designated TC and numbered 786 on the plan Schedule 1 attached hereto, or use the existing building thereon, except for the purpose of an assembly hall or erect or use any buildings or structures for any purpose except for accessory buildings and accessory structures, and except in compliance with the following regulations: (a) Minimum lot area the whole of the land shown hatched and designated TC and numbered 786 on the plan Schedule 1 attached hereto, save and except for any part that may be required to be dedicated for the purpose of road widenings (b) Minimum front yard depth 79 metres (c) Minimum rear yard depth 47 metres (d) Minimum westerly side yard depth 63 metres (e) Minimum easterly side yard depth 31 metres (f) Maximum lot coverage 8% (g) Accessory buildings and accessory in accordance with section 4.19.1 of By- structures law No. 79 -200 (h) Minimum landscaped open space 72% of the lot area (i) Maximum floor area of the assembly 3,200 square metres hall (j) Maximum occupancy of the 510 persons, not including a roofed over assembly hall outdoor patio 3. Section 19 of By -law No. 79 -200 is amended by adding thereto the following: 19.1.786 Passed this twenty -third day of July, 2007. Notwithstanding the provisions of section 8.6.1 and clauses (a), (b), (c), (d), (e) and (f) of section 8.6.2 of By -law No. 79 -200, no person shall use the land on the southeast corner of Stanley Avenue and Livingstone Street, designated TC and numbered 786 on Sheet D5 of Schedule "A or use the existing building thereon, except for the purpose of an assembly hall or erect or use any buildings or structures for any purpose except for accessory buildings and accessory structures, and except in compliance with By -law No. 2007- DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: July 23, 2007 July 23, 2007 July 23, 2007 -2- SCHEDULE 1 TO BY -LAW No. 2007- Subject Land Description: Assessment 272508000110200 LIVINGSON mST Amending Zoning By -law No. 79 -200 Part of Ontario House Lot and Part of Range 1, Plan 1 and Part of Lot 160, Broken Front, in the Former Township of Stamford, designated as Parts 1, 2, 3, 4, 5 and 6 on Plan 59R -9680, now in the City of Niagara Falls, in the Regional Municipality of Niagara, Save and Except Parts 3 and 4 on Plan 59R -11880 and Parts 1 and 2 on Expropriation Plan 819426. Applicant: 1149948 Ontario Limited N 1:NTS AM- 37/2006 A by -law to provide for the adoption of an amendment to the City of Niagara Falls Official Plan. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS, IN ACCORDANCE WITH THE PLANNING ACT, 1990, AND THE REGIONAL MUNICIPALITY OF NIAGARA ACT, HEREBY ENACT AS FOLLOWS: 1. The attached text and map constituting Amendment No. 73 to the City of Niagara Falls Official Plan is hereby adopted. 2. That the Clerk is hereby authorized and directed to submit the amendment to the Regional Municipality of Niagara for approval. 3. This by -law shall come into force and take effect on the day of final passing thereof. Passed this twenty -third day of July, 2007. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: July 23, 2007 July 23, 2007 July 23, 2007 CITY OF NIAGARA FALLS By -law No. 2007 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. 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 CHANGE (a) PART 2, SECTION 2 PARKWAY RESIDENTIAL, is hereby amended by deleting the phrase "of the Agricultural Code of Practice" in Policy 2.6. (b) PART 2, SECTION 7 GOOD GENERAL AGRICULTURAL, is hereby amended by: (c) PART 4, SECTION 8 CONSENT POLICIES, is hereby amended by deleting the words "or 304.8 metres, whichever is the greater. New dwellings on existing lots of record must only comply with the Minimum Distance Separation Formula" and replacing them with the following: "(MDS) formulae. Notwithstanding the above, new lots suitable for new dwellings must be separated from existing livestock operations by 304.8 metres or the distance determined by the MDS formula, whichever is greater S: \ZONINGUMS\2007\AM- 16\BODY.wpd (i) adding the following new policy: "7.10 The Minimum Distance Separation Formulae (MDS) of the Ministry of Agricultural, Food and Rural Affairs, as revised or updated from time to time, shall be applied where a new development or land use change is proposed within the Good General Agricultural Area designation or through a site specific zoning amendment. New dwellings on existing lots of record must also comply with the MDS and (ii) deleting the phrase "or 305 metres, whichever is the greater," from Policy 7.5.2. CITY OF NIAGARA FALLS A by -law to amend By -law No. 79 -200, to replace the Minimum Distance Separation Formulae regulations and add several definitions. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. By -law No. 79 -200 is amended as follows: By-law No. 2007- (a) by deleting section 4.32 and replacing it with the following: "4.32 MINIMUM DISTANCE SEPARATION FORMULA: Notwithstanding any other provisions of this by -law, the distances between livestock facilities and dwellings or other habitable structures shall be governed by the Minimum Distance Separation Formulae including any revisions or updates developed by the Ontario Ministry of Agriculture, Food and Rural Affairs and: (i) where the regulations respecting required yards and minimum lot area in any zone established by this by -law are less than those which are required under the Minimum Distance Separation Formula, where it applies, the latter shall govern and the regulations in this by -law shall be deemed to be amended insofar as is necessary to give effect to the Minimum Distance Separation Formulae; (ii) where a dwelling is destroyed in whole, or in part, by a catastrophe, MDS I will not be applied when the dwelling is rebuilt, provided it is built no closer to livestock facilities than before the catastrophe; (iii) where a livestock facility is destroyed in whole, or in part, by a catastrophe, MDS II will not be applied when the livestock facility is rebuilt, provided it is built no closer to surrounding land uses and lot lines than before the catastrophe and the impact of the livestock facility has not increased by any enlargement of the operation; (iv) where a new or expanding livestock facility is proposed, non active cemeteries, as. designated by the City, shall be treated as a Type A land use under MDS II; (v) where a dwelling is to be constructed on an existing lot of record, the setback requirements of MDS I shall apply; and (b) by adding the following to section 2: "2.12.1 "CATASTROPHE" means an unanticipated, disastrous loss of part, or all, of a livestock facility due to fire, collapse, flood, wind, or other such event. 2.29.1 "LIVESTOCK FACILITY" means one or more barns or permanent structures with livestock- occupied portions, intended for or capable of the keeping or housing of livestock. A livestock facility also includes all manure or material storages and anaerobic digesters. (c) by deleting the phrase "in the Agricultural Code of Practice for Ontario" in the second last line of clause (b) of section 13.1 and inserting in lieu thereof the phrase "issued by the Ministry of Agriculture, Food and Rural Affairs" so that the clause shall read as follows: "A one family detached dwelling on a separate lot, the location of which complies with the Minimum Distance Separation Formula issued by the Ministry of Agriculture, Food and Rural Affairs." Passed this twenty -third day of July, 2007. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: July 23, 2007 July 23, 2007 July 23, 2007 2 (vi) where a new dwelling is to be constructed on a new lot, the minimum setback between any existing livestock operations and the new dwelling shall be 304.8 metres or the distance determined by the MDS formula, whichever is greater." 1. By -law No. 1538 (1958) is amended by: CITY OF NIAGARA FALLS By-law No. 2007- A by -law to amend By -law No. 1538 (1958), to add regulations and definitions regarding the use of the Minimum Distance Separation Formulae. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: (a) adding the following to SECTION 2 DEFINITIONS: "2.11.1 "Catastrophe" means an unanticipated, disastrous loss of part, or all, of a livestock facility due to fire, collapse, flood, wind, or other such event. 2.49.1 "Livestock Facility" means one or more barns or permanent structures with livestock- occupied portions, intended for or capable of the keeping or housing of livestock. A livestock facility also includes all manure or material storages and anaerobic digesters." (b) adding the following to SECTION 5 GENERAL PROVISIONS TO ALL DISTRICTS: "5.28 MINIMUM DISTANCE SEPARATION FORMULA Notwithstanding any other provisions of this by -law, the distances between livestock facilities and dwellings or other habitable structures shall be governed by the Minimum Distance Separation Formulae including any revisions or updates developed by the Ontario Ministry of Agriculture, Food and Rural Affairs and: (i) where the regulations respecting required yards and minimum lot area in any zone established by this by -law are less than those which are required under the Minimum Distance Separation Formula, where it applies, the latter shall govern and the regulations in this by -law shall be deemed to be amended insofar as is necessary to give effect to the Minimum Distance Separation Formulae; (ii) where a dwelling is destroyed in whole, or in part, by a catastrophe, MDS I will not be applied when the dwelling is rebuilt, provided it is built no closer to livestock facilities than before the catastrophe; Passed this twenty -third day of.July, 2007. First Reading: Second Reading: Third Reading: July 23, 2007 July 23, 2007 July 23, 2007 2 (iii) where a livestock facility is destroyed in whole, or in part, by a catastrophe, MDS II will not be applied when the livestock facility is rebuilt, provided it is built no closer to surrounding land uses and lot lines than before the catastrophe and the impact of the livestock facility has not increased by any enlargement of the operation; (iv) where a new or expanding livestock facility is proposed, non active cemeteries, as designated by the City, shall be treated as a Type A land use under MDS II; (v) where a dwelling is to be constructed on an existing lot of record, the setback requirements of MDS I shall apply; and (vi) where a new dwelling is to be constructed on a new lot, the minimum setback between any existing livestock operations and the new dwelling shall be 304.8 metres or the distance determined by the MDS formula, whichever is greater. (c) deleting the second paragraph of the preamble to SECTION 7 RURAL AGRICULTURAL and replacing it with the following: "No person shall hereafter use any building, structure or land nor erect any building or structure except in accordance with Section 5.28 and the following provisions:" DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR 1. By -law No. 395, 1966 is amended by: CITY OF NIAGARA FALLS By -law No. 2007- A by -law to amend By -law No. 395, 1966, to add regulations and definitions regarding the use of the Minimum Distance Separation Formulae. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: (a) adding the following to SECTION III A PROVISIONS FOR ALL ZONES: (9) Minimum Distance Separation Formula: Notwithstanding any other provisions of this by -law, excepting the Village Residential zone, the distances between livestock facilities and dwellings or other habitable structures shall be governed by the Minimum Distance Separation Formulae including any revisions or updates developed by the Ontario Ministry of Agriculture, Food and Rural Affairs and: (i) where the regulations respecting required yards and minimum lot area in any zone established by this by -law are less than those which are required under the Minimum Distance Separation Formula, where it applies, the latter shall govern and the regulations in this by -law shall be deemed to be amended insofar as is necessary to give effect to the Minimum Distance Separation Formulae; (ii) where a dwelling is destroyed in whole, or in part, by a catastrophe, MDS I will not be applied when the dwelling is rebuilt, provided it is built no closer to livestock facilities than before the catastrophe; (iii) where a livestock facility is destroyed in whole, or in part, by a catastrophe, MDS II will not be applied when the livestock facility is rebuilt, provided it is built no closer to surrounding land uses and lot lines than before the catastrophe and the impact of the livestock facility has not increased by any enlargement of the operation; (iv) where a new or expanding livestock facility is proposed, non active cemeteries, as designated by the City, shall be treated as a Type A land use under MDS II; (v) where a dwelling is to be constructed on an existing lot of record, the setback requirements of MDS I shall apply; and (b) adding the following to SECTION III B DEFINITIONS: Passed this twenty -third day of July, 2007. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: 2 (vi) where a new dwelling is to be constructed on a new lot, the minimum setback between any existing livestock operations and the new dwelling shall be 304.8 metres or the distance determined by the MDS formula, whichever is greater. "Catastrophe" means an unanticipated, disastrous loss of part, or all, of a livestock facility due to fire, collapse, flood, wind, or other such event. "Livestock Facility" means one or more barns or permanent structures with livestock occupied portions, intended for or capable of the keeping or housing of livestock. A livestock facility also includes all manure or material storages and anaerobic digesters. July 23, 2007 July 23, 2007 July 23, 2007 CITY OF NIAGARA FALLS By -law No. 2007 A by -law to amend By -law No. 70 -69 to add regulations and definitions regarding the use of the Minimum Distance Separation Formulae. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. By -law No. 70 -69 is amended by: (a) adding the following new section 6.a): "6.a) Minimum Distance Separation Formula: Notwithstanding any other provisions of this by -law, the distances between livestock facilities and dwellings or other habitable structures shall be governed by the Minimum Distance Separation Formulae including any revisions or updates developed by the Ontario Ministry of Agriculture, Food and Rural Affairs and: (i) where the regulations respecting required yards and minimum lot area in any zone established by this by -law are less than those which are required under the Minimum Distance Separation Formula, where it applies, the latter shall govern and the regulations in this by -law shall be deemed to be amended insofar as is necessary to give effect to the Minimum Distance Separation Formulae; (ii) where a dwelling is destroyed in whole, or in part, by a catastrophe, MDS I will not be applied when the dwelling is rebuilt, provided it is built no closer to livestock facilities than before the catastrophe; (iii) where a livestock facility is destroyed in whole, or in part, by a catastrophe, MDS II will not be applied when the livestock facility is rebuilt, provided it is built no closer to surrounding land uses and lot lines than before the catastrophe and the impact of the livestock facility has not increased by any enlargement of the operation; (iv) where a new or expanding livestock facility is proposed, non active cemeteries, as designated by the City, shall be treated as a Type A land use under MDS II; (v) where a dwelling is to be constructed on an existing lot of record, the setback requirements of MDS I shall apply; and (vi) where a new dwelling is to be constructed on a new lot, the minimum setback between any existing livestock operations and the new dwelling shall be 304.8 metres or the distance determined by the MDS formula, whichever is greater. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR For the purposes of this by -law, "CATASTROPHE" means an unanticipated, disastrous loss of part, or all, of a livestock facility due to fire, collapse, flood, wind, or other such event and "LIVESTOCK FACILITY" means one or more barns or permanent structures with livestock- occupied portions, intended for or capable of the keeping or housing of livestock or all manure or material storages and anaerobic digesters." Passed this twenty -third day of July, 2007. First Reading: Second Reading: Third Reading: July 23, 2007 July 23, 2007 July 23, 2007 -2- Passed this twenty -third day of July, 2007. First Reading: Second Reading: Third Reading: July 23, 2007 July 23, 2007 July 23, 2007 CITY OF NIAGARA FALLS By -law No. 2007 A by -law to authorize the execution of an Agreement with Dr. Fiona Halliday dated July 13, 2007, respecting achieving the goals of the Niagara Falls Health Professional Recruitment and Retention Task Force to recruit and retain qualified physicians for the City. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement dated the 13 day of July, 2007 and made between The Corporation of the City of Niagara Falls as City and Dr. Fiona Halliday as Physician, respecting achieving the goals of the Niagara Falls Health Professional Recruitment and Retention Task Force to recruit and retain qualified physicians for the City, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Agreement. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR BETWEEN: City; THIS AGREEMENT entered into on the 13`" day of July 2007 THE CORPORATION OF THE CITY OF NIAGARA FALLS, a municipal corporation incorporated under the laws of the Province of Ontario, (hereinafter called the "City and DR. FIONA HALLIDAY, an individual residing in the Province of Ontario, (hereinafter called the "Physician OF THE FIRST PART; OF THE SECOND PART. WHEREAS the City is a city in the Regional Municipality of Niagara operating pursuant to the Municipal Act, 2001 (Ontario), and the regulations thereunder; AND WHEREAS the Niagara Falls Health Professional Recruitment and Retention Task Force (the "Task Force is a group of committed community volunteers whose goal is to recruit and retain qualified physicians for the City; AND WHEREAS the City, upon the recommendation of the Task Force, wishes to provide incentives to physicians• demonstrating a commitment to practicing medicine in the City of Niagara Falls; AND WHEREAS the Physician wishes to make a commitment to practicing medicine in the AND WHEREAS THE PARTIES WISH TO ENTER INTO A WRITTEN AGREEMENT SETTING OUT THE TERMS OF THEIR ARRANGEMENT, as follows: -2- DESCRIPTION OF INCENTIVES 1. Subject to the terms and conditions herein, the City agrees to provide certain incentives to the licenced Physician in anticipation of the Physician establishing a full time family medical practice in the City of Niagara Falls, and in no event later than September 1, 2007. 2. For the purposes of this Agreement, the incentives "Incentives shall be office and examination room(s) furnishings to be located at 4256 Portage Road, Niagara Falls, Ontario to a value of fifty thousand dollars ($50,000.00). REPAYMENT OF INCENTIVES 3. The Incentive listed in subsection 2 above shall be left in the office and examination rooms on the Physician's departure from the practice in the City of Niagara Falls and the Incentive listed in subsection 2 above shall be repaid by the Physician to City on the following terms: (1) If the Physician engages in the practice of medicine in the City by September 1, 2007, and continues to do so for a period of at least five (5) years following the commencement of such practice, the Physician shall not be required to repay any of the Incentives contemplated by this Agreement. (2) If, however, the Physician does not maintain or regularly or actively engage in the practice of medicine in the City by September 1, 2007, and for the times set out in subsection 3(1) above, the Physician shall be required to repay the Incentives set out in subsection 2 above on a prorated basis, forthwith upon demand for such repayment -3- being made, in writing, by the City. (3) Any amounts that may be required to be repaid by the Physician to the City under subsection 3(2) above, shall accrue interest as of the date that the funds were advanced, compounded annually at 3.5% per annum, and shall be due and payable upon the date that a written demand for repayment of the amounts set out in subsection 3(1) above is made by the City. (4) Notwithstanding anything contained in section 3, in the event the Physician elects to continue practice at another location in the City of Niagara Falls, Ontario, the Physician may transfer the furnishings described in this agreement to that location provided always that the Physician must practice medicine in the City of Niagara Falls for a period of at least five (5) years following commencement of practicing medicine and provided always that the furnishings shall forever remain the property of the City of Niagara Falls. NOTICE OF INTENTION TO CEASE PRACTICING IN THE CITY 4. The Physician agrees to provide the City with no less than three (3) months working notice of her intention to cease carrying on the practice of medicine in the City. Such notice shall be in writing and shall be delivered to the City in accordance with the Notice Provisions of this Agreement. -4- SOURCE OF FUNDING FOR INCENTIVES 5. The monies required to fund the Incentives shall be provided 100% from the City, and shall be paid by the City to the Physician at such times as are required by this Agreement. REPRESENTATIONS AND WARRANTIES OF THE PHYSICIAN 6. The Physician hereby acknowledges that the City is relying on the following representations and warranties that she has made in connection with this agreement and which representations and warranties form the basis for the City entering into such an agreement with the physician: (1) The physician is a member in good standing with the College of Physicians and Surgeons of Ontario; and (2) The Physician has not accepted any other Incentives of a similar nature to those referenced by or set out in this Agreement, from any other party, and has not committed herself to practice medicine on a full -time basis in any area outside of the City. NOTICE 7. All notices, requests, demands or other communication required or permitted by the terms of this agreement to be given by one parry to another, shall be given in writing, by personal delivery or by registered mail, with all postage being prepaid, such notice being addressed or delivered to the other party as follows: (1) to the City at: (2) to the Physician at: -5- The Corporation of the City of Niagara Falls Attention: Niagara Falls Health Professional Recruitment and Retention Task Force 4310 Queen Street P.O. Box 1023 Niagara Falls ON L2E 6X5 Dr. Fiona Halliday 7908 Cathedral Drive Niagara Falls ON L2H 2Z3 or at such other address as may be given by any of them to the others in writing from time to time and such notices, requests, demands or other communications shall be deemed to have been received when delivered, or, if mailed, forty-eight (48) hours after 12:01 a.m. on the day following the day of the mailing, except that in the event of an interruption in regular mail by strike or other irregularity, any notice, request, demand or other communication sent by regular mail shall be deemed to have been received forty -eight (48) hours after 12:01 a.m. on the day following the resumption of normal mail service. GENERAL 8. This Agreement shall be governed by the laws of Canada to the extent that they apply and by the laws of the Province of Ontario, and the parties hereby submit themselves to the exclusive jurisdiction of the Courts of the Province of Ontario. 9. This Agreement shall constitute the entire Agreement between the parties with respect to all of the matters herein, and this Agreement shall not be amended except by a memorandum -6- in writing, consented to and signed by all of the parties and any attempt to amend this agreement by a party without the consent of the other shall be null and void and without binding effect on the other. 10. No party may assign this Agreement or any part hereof without the prior written consent of the other parties hereto, which consent may be arbitrarily withheld. Subject to the foregoing, this Agreement shall enure to the benefit of and be binding upon the parties to this agreement and on their respective heirs, executors, administrators, successors and permitted assigns. 11. The parties acknowledge that this Agreement is not intended to create a partnership, agency or fiduciary relationship between the parties, and each specifically disclaims any such relationship with the other. 12. If any provision of this Agreement is declared illegal or unenforceable by a competent authority, it shall be considered separate and severable from the remaining provisions, which shall remain in force and shall be binding upon the parties. 13. Attached to this Agreement and marked as Schedule "A" is a copy of the Certificate of Registration issued by The College of Physicians and Surgeons of Ontario to Dr. Fiona Canavan Halliday dated June 7, 2007 bearing College Register Number 86610. IN WITNESS WHEREOF the parties hereto have duly executed this Agreement this 13 day of July, 2007. SIGNED, SEALED AND DELIVERED in the presence of -7- Witness: Dr. Fio a Halliday THE CORPORATION OF THE CITY OF NIAGARA FALLS Name: R.T. (Ted) Salci Title: Mayor Name: Dean Iorfida Title: City Clerk t A by -law to regulate the supply of water and to provide for the maintenance and management of the waterworks and for the imposition and collection of rates for the use of water and water related services. WHEREAS section 11 and Part III of the Municipal Act, 2001 authorize a municipality to pass by- laws respecting matters within the sphere of jurisdiction of public utilities; AND WHEREAS section 391 of the Municipal Act, 2001 authorizes a municipality to pass by -laws imposing fees and charges for the use of waste management systems, use of sewage systems or the consumption of water; AND WHEREAS 0. Reg. 581/06 grants priority lien status to municipal public utilities fees and charges; AND WHEREAS the Council of The Corporation of the City of Niagara Falls desires to use any and all legislative authority available to it at by statute common law or by common law to regulate the supply of water and to provide for the maintenance and management of the waterworks and for the imposition and collection of rates for the use of water and water related services. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: Definitions 1. In this By law, CITY OF NIAGARA FALLS By -law No. 2007- (a) "Appurtenance" and "appurtenances" mean and include electronic communication register, touch pad, and any new equipment or technology replacing the same; (b) "City" means The Corporation of the City of Niagara Falls; (c) "Council" means the Council of The Corporation of the City of Niagara Falls; (d) "Cover" means the distance between the finished -grade ground surface and the top of the water main or water service pipe; (e) "Distribution system" means the transmission pipes of the City which are tapped for water services and includes all valves, fittings and appurtenances but does not include water services nor private water services; -2- (f) "Engineer" means the Executive Director of Community Services for the City and for the purpose of exercising any of the powers or duties of the Engineer under this by -law and shall include any employee of the City authorized by the Engineer to exercise any such powers or duties; (g) "Industrial premises" means premises used for or in connection with, (i) manufacturing, producing or processing anything; (ii) research or development in connection with manufacturing, producing or processing anything; (iii) storage, by a manufacturer, producer or processor, of anything used or produced in such manufacturing, production or processing if the storage is at the site where the manufacturing, production or processing takes place; or (iv) retail sales, by a manufacturer, producer or processor, of anything produced in such manufacturing, production or processing if the retail sales are at the site where the manufacturing, production or processing takes place; (h) "Meter" means a meter installed for the purpose of measuring water supplied by the distribution system; (i) "Owner" means any registered owner of land or buildings thereon, or any authorized agent, contractor, employee, tenant or servant representing such owner; (j) "Premises" includes lands, buildings and structures; (k) "Private water service" means the pipes and fixtures (exclusive of meter) used for the purpose of supplying water from the distribution system to any premises and located upon private property beyond the limits of the road allowance; (1) "Remote read out device" means any device not including the register on a meter, used by the City to transmit and record the amount of water passing through a meter; (m) "Residential premises" means premises used solely for residential occupancy as defined in the Ontario Building Code, consisting of three or fewer units which has a separate and distinct private water service with a separate shut -off; (n) "Schedule" means the schedule or schedules of water rates, sewer rates, fees and charges attached to and forming part of this by -law and set out as Schedule of Rates, Fees and Charges; (o) "Security deposit" means such amount of money as set out in the Schedule that is required to be deposited with the City as a condition of supplying or continuing to supply water to the premises; (1)) (q) -3- "Tenant" means anyone other than the owner who occupies any premises; "Treasurer" means the Director of Finance for the City for the purpose of exercising any of the powers or duties of the Treasurer under this by -law and shall include any employee of the City authorized by the Treasurer to exercise any such powers or duties; (r) "Water service" means the pipes and fixtures located in the allowance for any public highway, public street, public lane, public alley or public thoroughfare and extending between the water main and the limit of such allowance and including the corporation cock, service pipe, curb stop, post and service box, used for the purpose of supplying water from the distribution system to any premises. Application for Permit for Water Main Extension, Water Service, Private Water Main Extension or Private Water Service 2. No person shall connect or cause or permit to be connected a system or means of drawing water to a City water main or a private water service or to a City -owned water service until written application for such connection is made to the City and a permit has been issued by the City. 3. No person shall in any way interfere with, obstruct, conceal or bypass any hydrant, valve, curb stop, service pipe, stopcock, meter, remote reader, or other waterworks appurtenance. 4. No water main extension shall be permitted until written application for such extension is made to the City, a permit has been issued by the City and all applicable regulatory approvals have been obtained. Installation of Water Service or Private Water Service 5. The pipes, fittings, attachments, methods of installation, maintenance, use, renovations to and removal of any water service shall be pursuant to, as required by and in compliance with all applicable legislation. 6. Every water service shall be buried to a minimum cover of 1.5 metres below the finished grade of the highway, street, lane, alley or thoroughfare in which it is laid or an equivalent amount of insulation acceptable to the Engineer. 7. Every private water service shall be buried with a minimum cover of 1.5 metres below the finished grade of any private property traversed by it or an equivalent amount of insulation acceptable to the Engineer. Installation Costs (3) -4- 8. Every private water service entering a building, which does not contain a cellar, shall be carried horizontally beyond the inside face of the exterior wall for a minimum distance of 0.6 metres before being carried upward or shall be insulated in a manner acceptable to the Engineer, or both. 9. Each building supplied by a private water service shall have a separate meter. 10. Where more than one building is located on a particular lot, each building shall be supplied by an independent private water service which service shall be equipped with an independent meter. 11. In the case of a multiple unit building or an existing building that is going to be or has been divided into multiple units, the Engineer shall determine the appropriate number and specifications of private water services to be provided. 12. (1) All water services from the water main to the property line of any premises shall be installed by the City at the expense of the owner. (2) The charge to be paid to the City for the installation of water services shall be in accordance with the Schedule and shall be paid by the owner to the Treasurer at the time of making application for such water service. Any person making application to connect a water service to a water main, the cost of which water main has been paid by some other person and not the City, may be required to pay to the City, in addition to the charges provided in subsection 12(2), a proportionate share of the cost of such water main paid by such other person to be calculated at the rate per foot frontage to be determined by the Engineer. (4) The City may refund to the person who originally paid the cost of such water main, any such contributions towards its costs, if and when received by the City. 13. (1) The cost of providing, installing, replacing and renewing each private water service from the property line to the building shall be borne by the owner of the premises supplied by such private water service. (2) The owner shall, at the time of making application for any work to be preformed on a private water service by the City, deposit with the Treasurer the cost of any such work. Meters -5- 14. (1) All private water services shall be equipped with a functioning meter of a design, size and construction approved by the Engineer and installed in accordance with the City's specifications. (2) The owner of a premises shall pay the cost of installing such meter or meters. (3) When the owner takes delivery of a meter from the City, the account for the meter shall be established and billed to the owner no later than one month following delivery of the water meter. (4) The owner shall be responsible for the installation of the meter and contacting the City for a meter inspection. (5) Should the owner not contact the City for a meter inspection or installation, the owner will be billed on the basis of the refusal rate set out in the Schedule, from the date that the account is established, up to and including the recorded date of inspection by City Staff. (6) (a) Notwithstanding sub section 14(1) above, the Engineer, in situations in which it is not technically feasible to install a meter, may permit the installation and operation of an unmetered water service at a particular premises. (b) The determination of the Engineer as to whether or not it is technically feasible to install a meter in a particular premises is final and not subject to any form of review or appeal. 15. The City shall have the right to seal, inspect and test any meter or meter by -pass, at any time. 16. (1) No person shall break or damage any seal attached to any meter or meter by -pass. (2) If the seal attached to any meter or meter by -pass becomes broken or damaged from any cause, the occupant of the premises where such meter or by -pass is situated shall forthwith report the breaking or damage to the City which shall cause the meter to be re- sealed and the owner shall be responsible for the costs of the repair. 17. Where, in the opinion of the Engineer, it is not practical to locate the meter inside the building to be served, the meter may be located outside such building with the written consent of the Engineer, in which case it shall be located in a meter chamber, the location and construction of which shall be subject to the approval of the Engineer and the cost of which shall be paid for by the owner of the building to be served by such meter. (3) (5) -6- 18. Where water is to be supplied to premises on which no building is erected, the meter shall be located in a meter chamber, the location and construction of which shall be subject to the approval of the Engineer and the costs of which shall be paid by the owner of such land. 19. (1) The Engineer shall have the right to require the relocation of any meter or remote read out device which he deems to be improperly or inconveniently located and the cost of such relocation shall be paid by the owner of the building served by such meter. (2) The Engineer may require that a specified meter and remote read out device, be installed, in a specified location on a particular private service. In the event that a meter or remote read out device becomes concealed or obstructed in any manner which in any way limits access to the specified meter or remote readout device the owner shall take such steps as are necessary to remove the concealment or obstruction, at his or her own expense. (4) In the event that the City is unable to obtain a current read out from a particular meter the City may estimate the consumption of the private water service that is served by that meter, calculate the amount owing in accordance with the Schedule and bill the owner the estimated amount. In the event that an owner: (a) upon receiving 10 days notice from the City of a requirement to relocate any meter or remote read out device pursuant to section 19(1) of this by- law; or (b) upon receiving 10 days notice of the need to take such steps as are specified in the notice to remedy a condition described in section 19(2) of this by -law fails or declines to take the corrective measures specified in the notice, the City may bill the owner the rate specified in the Schedule. 20. All meters shall be purchased by and remain the property of the City. 21. In the event that any meter owned by the City is damaged after installation, either wilfully, through neglect or carelessness, the cost of repairing or replacing the meter shall be paid by the owner of the premises served by the meter, whether or not such wilful act or such neglect or carelessness was that of the owner. 22. (1) The City shall have the right at any time or times to remove and test any meter or part or parts of any meter whether owned by the City or privately owned and to substitute another meter or part or parts of a meter for or in any meter owned by it. (2) Where the meter continues to be privately owned, the owner thereof shall be solely responsible to maintain and repair the meter and shall do so at his or her expense, in accordance with directions from the City. (3) -7- Notwithstanding subsection 22(2) the City, at all times, shall have the right to inspect, test and seal any meter and the right to repair such meter, should the owner fail to do so and the cost of such repairs shall be paid by the owner to the City. (4) The City shall remove and test any meter at the written request of an owner and such owner shall pay to the City, in advance, the fee listed in the Schedule as a deposit on account of the estimated cost of removing, testing and replacing the meter. If the meter, when tested, is found to register correctly or register in favour of the owner, it shall be deemed to measure accurately and the cost of removing, testing and replacing the meter shall be paid by the owner requesting the test. (5) (6) If the meter, when tested, is found to register in excess of three percent (3 in favour of the City, no charge shall be made for the cost of removing testing and replacing the meter and the City shall authorize a reduction or a refund to the owner of an amount equal to the additional water rates incurred by reason of such excess percentage for the last preceding billing period, or for such larger billing period as the Treasurer may determine. 23. In the event that any meter should fail to register, the City may charge the rate set out in the schedule that is identified as the failure rate. Meter By- passes 24. (1) No person shall open a meter by -pass for any reason other than to replace, repair or service a meter or to respond to an emergency. (2) No person shall open a meter by -pass to repair, replace or service a meter without notifying the City in advance of their intention to open the by -pass. (3) Any person who opens a meter by -pass for any reason shall immediately notify the City that the by -pass was opened. (4) Where a meter by -pass is opened, the owner shall ensure that the by -pass is closed immediately or immediately upon the resolution of the emergency or the completion of the replacement, repair or servicing of the meter. Commencement of Service 27. In the case of a residential tenancy: (3) (5) (7) -8- 25. Where a new or replacement water service or a new or replacement private water service is installed, or where the Corporation has shut off the supply of water to an existing water service or to an existing private water service, no person other than the Engineer shall turn on the supply of water. 26. Notwithstanding section 25, a duly licensed plumber, upon installing or repairing a private water service, may, (1) temporarily turn on the water for the purpose of testing this installation or repairs and shall forthwith thereafter shut the water off again; or (2) if the water has been turned on by the City, such plumber may shut off the water and after completing his installation or repairs, turn the water on again. (1) A landlord and tenant of a residential tenancy may apply together to have the water bill made out in the tenant's name. (2) The application must be accompanied by a deposit in the amount specified in the Schedule. In the event that any water bill issued to the tenant's account is unpaid 14 days after the date of the bill, the City shall draw down on the deposit of the tenant. (4) In the event that the City draws down on the deposit of the tenant, the City will immediately send the tenant notice that the account of the tenant is in default. The notice will advise the tenant that the account is now in default and will remain in default until such time as the tenant restores the deposit to the amount specified in the Schedule and pays the fee specified in the Schedule for the sending of the notice described in subsection 27(4). (6) In the event that the account remains in default for 14 days from the date of the notice described in subsection 27(4), the City may shut off the water to the tenant's residential premises and apply the balance of the deposit to the account. In the event that there is a shortfall in the account after the application of the balance of the deposit, the landlord shall be billed in the amount of the shortfall, which amount shall be added to the tax roll entry for the premises to be collected in the same manner as municipal taxes. -9- Maintenance of Water Service and of Private Water Service 28. (1) The cost of maintaining and repairing a water service shall be borne by the City. (2) Notwithstanding subsection 28(1) a person who damages such a water service intentionally or by way of negligence or neglect shall bear the cost of repairing the damaged water service. 29. The cost of maintaining and repairing a private water service shall be borne by the owner of the premises served by the private water service. 30. (1) The owner of any building into which a private water service extends and in which water is supplied to any range or steam boiler, shall take such precautions as may be necessary to prevent damage to the meter from hot water or steam and to prevent water escaping back into the water main and shall be responsible to the City for any loss, injury or expense incurred by the City as a result of his or her failure to do so. (2) The owner shall pay the cost of repairing any damage to a water service box which occurs during the construction of a building or the grading or landscaping of a lot for which building or lot such service was installed. Shutting Off Service 31. In the case of any premises other than a residential tenancy as defined in this by -law, the City, upon providing notice as specified in section 33 of this by -law, may shut off the supply of water to any private water service for any of the following causes; (a) failure to pay any water rate or charge for water supplied to any premises; (b) failure to pay the rent or charges for fittings, apparatus, meters or other things leased or furnished by the City; (c) failure to pay any sewer rate which is based on the water rates or charges for water supplied to any premises; (d) failure to maintain or provide any security deposit requested by the City Treasurer; or (e) construction, installation or maintenance work is being carried out by or with the permission of the City that requires the supply of water to be shut off. 32. Notwithstanding section 31 or any other provision of this by -law, the city may shut off any water supply without notice of any kind in any case where: (a) there is an emergency; or (b) the Chief Building Official of the City of Niagara Falls has issued an Order that forbids occupancy of a building or premises. -10- 33. (1) Subject to subsection 33(2), if the rates and charges are not paid within seven days from the day on which they fall due, then the supply of water may be shut off from the premises supplied and such supply shall not be restored until such rates and charges and arrears, if any, are paid in full including the charges set out in the Schedule for turning off and turning on the water service. (2) Before shutting off the supply of water, the City, directly or indirectly through its billing agent, Niagara Falls Hydro serve notice upon the owner and any tenant of the premises of the City's intention to shut off the water supply. The City shall not shut off the supply of water until fourteen days after service of the notice described in subsection 33(2). (3) (4) Where the water supply is shut off as a result of an Order to the Chief Building Official, the supply shall not be restored without the express written approval of the Chief Building Official. Permitted Use of Water 34. Except with the written approval of the Engineer, no person shall sell or dispose of water supplied by the City or give the water away or permit the water to be carried or taken away. 35. No person, other than the Engineer, shall open, let off or use water from a hydrant or any valve or other appurtenance which is the property of the City, except by written authority of the Engineer. 36. (1) No person shall use water supplied by the City unless the consumption of that water is measured by a meter and the fee set out in the Schedule for that water is paid. (2) Subsection 36(1) does not apply to need to identify an unmetered house. 37. No person shall attach to the water main any equipment for the automatic extinguishment of fires in a building without the approval of the City and the piping for any such equipment shall be entirely separate from the piping used for any other purpose in the building and shall be equipped with a shut -off valve located outside the building, which shut -off valve shall be under the exclusive control of the City. 38. No person shall install a stand -pipe for fire protection without the approval of the City and any such stand -pipe shall be equipped at each hose opening with a valve and shall be sealed as directed by the City. 39. No person shall attach any fire hydrant to a water main or a private water service without the approval of the City and the piping for any such.fire hydrant shall be entirely separate from the piping used for any other purpose on the premises and any such fire hydrant shall be equipped with a locking device and sealed as directed by the City. 40. No person shall break any seal referred to in sections 38 or 39 except for the purpose of using water for fire extinguishment and the person breaking any such seal shall forthwith report the breaking to the Engineer, who shall cause the hydrant to be re- sealed. 41. No person shall use water from the equipment referred to in either sections 37, 38 or 39 for any purpose other than the extinguishment of fire unless otherwise authorized by the Engineer. 42. In the event of the use of the equipment referred to in sections 37, 38 or 39, the City may require the installation of a compound meter, in which case the cost of the installation and maintenance thereof shall be paid by the owner of the building serviced by such equipment. 43. (1) The use of water supplied by the City for lawn and garden sprinkling purposes shall be subject to such regulations and restrictions as may be enacted by the City by by- law, resolution or proclamation by the Engineer from time to time. (2) All lawn and garden sprinkling systems which are connected to the water lines must be connected so that the flow of water is recorded by the water meter. 44. (1) No person shall use water supplied by the City in any air conditioning or refrigeration unit or other equipment for the cooling of air unless such unit or equipment is provided with an evaporative condenser or other device which efficiently conserves, cools and recirculates the water so used. (2) Subsection 44(1) shall apply to: (a) All air conditioning units and other equipment for the cooling of air which utilize water in any way, which are installed after the passing of this by -law, and have a rating of more than ten tons of refrigeration capacity; and (b) All air conditioning units and other equipment for the cooling of air which utilizes water in any way, which are installed after the passing of this by -law, in or on a single building or more than one connected building where the total rated refrigeration capacity of all such units or equipment in or on a single building, or more than one connected building, where the total rated refrigeration capacity of all such units or equipment in or on such building or buildings is more than ten tons. 45. No person shall use water for construction purposes for a building, road, sewer, water main or similar matter without paying the fee set out in the Schedule. Rates and Charges -12- 46. The City may fix such water rates, sewer rates, fees and charges in the Schedule, to be paid by persons who receive a supply of water or sewage service to any premises from the City and, without limiting the generality of the foregoing, (a) the City shall impose a service charge on all metered and unmetered private water services in respect of the construction, operation or maintenance of water works; (b) all water passing through a meter shall be charged at the water rates or charges set out in the Schedule; (c) with respect to sewage services, the City shall impose on all metered private water services, a sewer rate that is based on the water rates or charges at the rates set out in the Schedule; (d) the owner or tenant of a private water service not metered at the time of the passing of this by -law, whether by the choice or other determination of the City, or by refusal of an owner, shall pay the flat rate set out in the Schedule; and (e) the City may impose a fee as set out in the Schedule in any instance where the outstanding balance of a private water account is transferred to the tax account for the premises to which the water was supplied. 47. The rates and charges set out in the Schedule shall fall due when the bill therefor is rendered and shall be payable as indicated on the bill. 48. Where, pending the installation of a meter, water rates are being charged on a flat rate service basis for water supplied to any multiple or semi detached dwelling, apartment building or buildings divided into separate dwelling units, the flat rate shall be charged for each dwelling unit in the same manner as if it were a separate dwelling house. Responsibilities of Owner of Property Other Than Residential Property 49. The owner of property other than residential property may apply on his own behalf or in conjunction with a tenant of his premises, however, the owner shall at all times be and remain responsible to the City for the payment of all rates and charges in respect of water and sewage service supplied to the premises and for all costs and fees of the City applicable to the supply of water and sewage service to such premises. 50. Where the owner of a multiple or semi- detached dwelling, apartment building or building divided into separate units desires a separate metered connection to each dwelling, apartment or unit, a lock valve shall be installed ahead of each meter, at the expense of the owner, which lock valve shall be of a type approved by the Engineer, who shall have the right to cause it to be sealed from time to time as he or she deems necessary. (3) (3) Miscellaneous -13- 51. The Engineer shall have free access, at all reasonable times, and upon reasonable notice being given and request made, to all parts of every building or premises to which water is supplied by the City for the purpose of inspecting or repairing, or of altering or disconnecting any service pipe, wire, or rod within or without the building, or for placing meters upon any service pipe or connection within or without the building as he or she may deem expedient and for that purpose or for the purpose of protecting or regulating the use of the meter, may set it or alter the position of it, or any pipe, wire, rod, connection or tap, and may alter or disconnect any service pipe or to examine the pipes, meters, remote readers, fixtures, appliances, appurtenances to ascertain the quantity of water used. 52. (1) In the event of a leak in a private water service, the owner shall repair the said leak at his or her own expense within 48 hours after being notified to do so by the City. (2) Should the owner not comply with subsection 52(1), the City may enter the premises, repair the leak and charge the owner of the premises for which the repairs were made, the costs of such repairs, which may be collected or recovered by any legal means available to the City. The Engineer may turn off the water supply until the leaking water private water service is repaired. Shut off to Replace, Repair or Inspect Water Meter 53. (1) The City may shut off or restrict the supply of water to any premises if the City requires access to the premises to replace, repair or inspect a water meter. (2) Before shutting off or restricting the supply of water, the City shall serve the owner and tenant, if any, of the premises with notice of the City's intention to shut off the water supply. The City shall not shut off or restrict the supply of water unless it has made reasonable efforts to get access to the premises and has been unable to get access within fourteen days after notice as required by section 53(2) has been given. (4) If the City has shut off or restricted the supply of water under subsection 53(1), the City shall restore the supply of water as soon as practicable after obtaining access to the premises. 54. The City does not guarantee the supply or quality of water, and failure to supply water shall not be construed as negligence or nuisance on the part of the City. 55. (1) Every person who contravenes and is convicted of any contravention of any provision of this by -law, shall be liable to a fine of up to $10,000.00. -14- (2) The owner is responsible for ensuring that the mandatory requirements of this by -law are complied with and it shall be an offence for any owner to fail to comply with the regulations of this by -law. 56. In the event of any conflict between the provisions of this by -law and any other general or special by -law, the provisions of this by -law shall prevail. 57. If a court of competent jurisdiction should declare any section of this by -law or part thereof, or any provision in the Schedule to be invalid, such section, part or provision in the Schedule shall not be construed as having influenced Council to pass the remainder of the by -law or the provision in the Schedule, and it is hereby declared that the impugned section or provision in the Schedule shall be severable and distinct from the remainder of this by -law or Schedule and the remainder of the by -law or Schedule shall be valid and shall remain in force. 58. The Mayor of the City of Niagara Falls may proclaim a water emergency and impose restrictions on the consumption and use of water for a period of up to five days. 59. The City Treasurer and the Director of Public Works of the City of Niagara Falls may make such forms as are required to administer this by -law and such forms shall be recognized as official forms. 60. Notwithstanding any provision of this by -law, the Niagara Falls Fire Department and any volunteer Fire Service affiliated with the Niagara Falls Fire Department may use any and all water required to carry out their duties. 61. The City may carry out any of the actions and procedures set out in this by law by means of an agent, including, without limiting the generality of the foregoing, the Niagara Falls Hydro Commission. Notice and Service of Notice 62. In any instance within this by -law in which there is a reference to notice being provided, the following rules shall apply: (1) Notice shall be given in writing. (2) Notice shall be served upon the owner and any known tenant of the property. (3) Service shall consist of one or all of: (a) personal service; (b) posting the notice in a conspicuous place upon the premises; (c) mailing the notice by registered mail to the address listed for the owner in the last returned assessment roll and to the premises. (4) Where notice is given by posting the notice at the property or by registered mail, it shall be deemed to have been received three days after the posting or mailing as the case may be. Confirmation and Ratification 63. The amounts of the water rates, sewer rates, fees and charges set out in the Rate Table attached to By -law No. 2004 -48 are confirmed, ratified and imposed for the period commencing February 23, 2004 and continuing up to the date of the coming into effect of this by -law. Schedule 64. The Schedule attached to this by law shall form part of this by law. Effective Date 65. This by law shall come into effect on July 31, 2007. Repeal 66. By -law No. 2005 -60 and all amendments thereto are hereby repealed. Passed this 23' day of July, 2007. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: July 23, 2007 Second Reading: July 23, 2007 Third Reading: July 23, 2007 -15- 1. Service charges: Due Date 5. Billing period: Minimum of one month. After 38.05 114.16 -16- SCHEDULE OF RATES, FEES AND CHARGES Before Due Date 15 mm meter 21.13$ 20.07 monthly 18 mm meter 21.13$ 20.07 monthly 25 mm meter 21.13$ 20.07 monthly 37 mm meter 63.38$ 60.21 monthly 50 mm meter 126.75$ 120.42 monthly 75 mm meter 253.51$ 240.83 monthly 100 mm meter 464.76$ 441.52 monthly 150 mm meter 887.27$ 842.91 monthly 200 mm meter $1,584.41$1,505.19 monthly 250 mm meter $2,218.18$2,107.27 monthly 2. Water rates: After Before Due Date Due Date 0.6341 0.6024 per cubic metre 3. Flat rates for a private water service not metered by choice or other determination of the City: After Before Due Date Due Date 4. Flat rates for a private water service not metered because of refusal of owner: After Before Due Date Due Date 36.15 monthly 108.46 monthly 6. Service deposits: Two times the estimated billing for a billing period with a minimum of the amount of $230.00. 7. Sewer rates: -17- (a) Service charge as set out in section 1: (b) Water rates as set out in section 2: (c) Flat rates as set out in sections 3 and 4: 9. Charge for shutting off or turning on supply of water: (a) During normal working hours: (b) Outside normal working hours: 92.58% 141.84% 114.49% 8. Charge for Installation of Water Service: (a) 3/4" Service: $1,500.00 (b) Over 3/4" Service Actual cost Deposit required based on estimated costs. 50.00 150.00 Note: For the purpose of this by -law, normal working hours shall mean Mondays to Fridays (exclusive of holidays) between 8:00 a.m. and 4:00 p.m. 10. Charge for meter removal or reinstallation: (a) During normal working hours: 40.00 per hour /per city employee (b) Outside normal working hours: 100.00 per hour /per city employee 11. Charge for Testing Meter Consumption: At cost with a deposit of $75.00 12. Bulk carrier rate for City stand -pipe: (a) For Water (c) Bulk water card purchase -18- .75 per cubic metre (b) Service deposit: Based on estimated charges for two billing periods, minimum of $500.00. $10.00 13. Use of Water for Construction Purposes: (a) At rates shown in sections 1 and 2 together with the cost to supply and install a meter. (b) Service Deposit: based on estimated charges for two billing periods; minimum of $500.00. 14. Charge for private water service account transferred to tax account: (a) Per transaction fee of $20.00 CITY OF NIAGARA FALLS By -law No. 2007- A by -law to amend By -law Nos. 1538, 1958 and 79 -200, to permit the expansion of an existing golf course and resort facilities thereon, and to permit the development of lifestyle residential development and to repeal By -law No. 2001 -157. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. None of the provisions of By -law No. 1538, 1958 shall apply to prevent the land located north of Biggar Road, from Montrose Road to west of Morris Road, being Part of Township Lots 1, 2, 3, 4, 5, 6 and 7, Part of the Grassy Brook Road and Crowland Road road allowances designated as Parts 1 to 7 on Reference Plan 59R -13238 and Part of the Road allowance between Township Lots 2 and 3, Broken Front Concession, in the former Township of Crowland, now in the City of Niagara Falls, in the Regional Municipality ofNiagara, and shown hatched and designated OS and numbered 774, in part, designated OS(H) and numbered 775, in part, designated OS(H) and numbered 776, in part, and designated EPA and numbered 777, in part, on the plan Schedules 1, 1A, 1B and 1C attached to and forming part of this by -law, from being added to and placed under the control of By- law No. 79 -200. 2. Sheets A7, A8, B7 and B8 of Schedule "A" to By -law No. 79 -200 are amended by adding the land described in section 1 of this by -law and shown hatched and designated OS and numbered 774, in part, OS(H) and numbered 775, in part, OS(H) and numbered 776, in part, and EPA and numbered 777, in part, on the plan Schedules 1, 1A, 1B and 1C attached to and forming part of this by -law. 3. Notwithstanding the provisions of sections 14.1 and 14.2 of By -law No. 79 -200, no person shall use the land described in section 1 of this by -law, and shown hatched and designated OS and numbered 774 on the plan Schedules 1, 1A, 1B and 1C attached hereto, or erect or use any building or structure thereon, except for the purpose of up to two golf courses and accessory uses, accessory buildings and structures including not more than one golf course clubhouse, maintenance buildings and not more than one accessory dwelling unit, and except in compliance with the following regulations: (a) Regulations for the purpose of determining compliance with clauses (b) through to and including (j) of this section of this by -law and all other provisions of Zoning By-law No. 79 -200, notwithstanding land ownership, all the land described in section 1 of this by -law and shown hatched and designated OS and numbered 774 on the plan Schedules 1, 1A, 1B and 1C attached hereto, shall be considered one parcel (b) Minimum lot area 2- (c) Minimum setback from the right -of- way of a street or a private street or any lot line (d) Minimum setback from an EPA zone (e) Maximum lot coverage (f) Maximum height of building or 10 metres subject to section 4.7 of By- law No. 79 -200 3 50 spaces for every 9 holes in accordance with section 4.19.1 of By -law No. 79 -200 (g) structure Maximum number of storeys (h) Minimum number of parking spaces for a golf course (i) Minimum number of parking spaces for a golf course clubhouse (j) Minimum landscaped open space (a) Minimum lot area (b) Minimum lot frontage (c) Minimum front yard depth the whole of the land shown hatched and designated OS and numbered 774 on the plan Schedules 1, 1A, 1B and 1C attached hereto, save and except for any part that may be required to be dedicated for the purpose of road widenings 10 metres 15 metres 5,000 square metres in accordance with section 4.19.1 of By- law No. 79 -200 3.0 metre wide landscape strip along and between any surface parking area and any street or private street, save and except for any driveway entrances 4. None of the provisions of section 3 of this by -law shall apply to prevent the use of a lot of record which existed prior to the passage of this by -law, as well as no more than one new lot located on the north side of Biggar Road east of Crowland Road, all within the area described in section 1 of this by -law shown hatched and designated OS and numbered 774 on the plan Schedules 1, 1A, 1B and 1C attached hereto, or the erection and use of any building or structure thereon, except for a one family detached dwelling, a home occupation, agricultural uses, and accessory buildings and structures, and except in compliance with the following regulations: 0.6 hectares or the whole of the existing lot, whichever is the lesser 60 metres or the whole of the existing lot frontage, whichever is the lesser 10 metres (g) (i) Parking and access requirements (k) Agricultural use (a) Regulations (b) Minimum lot area -3 (d) Minimum side yard width (e) Minimum rear yard depth (f) Maximum lot coverage Maximum height of building structure (h) Home occupation (j) Accessory buildings and accessory structures 3 metres 10 metres 30% or 10 metres subject to section 4.7 of By- law No. 79 -200 in accordance with section 5.5 of By -law No. 79 -200 in accordance with section 4.19.1 of By- law No. 79 -200 in accordance with clauses (b), (c), (d) and (e) of this section in accordance with clauses (a), (c) and (d)(ii) of section 12.1 of By -law No. 79- 200 5. Notwithstanding the provisions of sections 2.28, 14.1 and 14.2 of By -law No. 79 -200, no person shall use the land described in section 1 of this by -law and shown hatched and designated OS(H) and numbered 775 on the plan Schedules 1, 1A and 1B attached hereto, or erect or use any building or structure thereon, except for the purpose of a hotel, apartment hotel, vacation dwelling unit, resort clubhouse and accessory uses, buildings, and structures, and except in compliance with the following regulations: for the purpose of determining compliance with clauses (b) through to including (o) of this section of this by- law and all other provisions of Zoning By-law No. 79 -200, notwithstanding land ownership, all the land described in section 1 of this by -law and shown hatched and designated OS(H) and numbered 775 on the plan Schedules 1, 1 A and 1B attached hereto, shall be considered one lot the whole of the land shown hatched and designated OS(H) and numbered 775 on the plan Schedules 1,1 A and 1B attached hereto, save and except for any part that may be required to be dedicated for the purpose of road widening (c) Minimum setback from the right -of- way of a street or a private street or any lot line (i) (1) (i) for a vacation dwelling unit (ii) for all other permitted buildings or structures (d) Minimum separation distance between each building containing vacation dwelling units where two exterior walls facing each other both contain windows to habitable rooms Minimum setback from an EPA zone Maximum lot coverage Minimum landscaped open space (h) Maximum structure (n) Parking and access requirements (o) Minimum landscaped open space 4 6 metres 10 metres 15 metres 15 metres 25% 40% height of building or 18 metres or 5 storeys, whichever is lesser, subject to section 4.7 of By -law No. 79 -200 Maximum number of hotel and/or dwelling units in one or more hotels and/or apartment hotels (j) Maximum number of vacation dwelling units in one or more buildings (k) Maximum floor area of a resort clubhouse Maximum floor area of a conference centre within a resort clubhouse (m) Maximum floor area of health centre within a resort clubhouse 350 300 4,000 square metres 1,900 square metres 1,900 square metres in accordance with section 4.19.1 of By- law No. 79 -200 3.0 metre wide landscape strip along and between any surface parking area and any street or private street, save and except for any driveway entrances 6. Notwithstanding the provisions of sections 2.31, 14.1 and 14.2 of By -law No. 79 -200, no person shall use the land described in section 1 of this by -law and shown hatched and designated OS(H) and numbered 776 on the plan Schedules 1, 1A, 1B and 1C attached hereto, or erect or use any building or structure thereon, except for the purpose of a one family detached dwelling or an on- street townhouse dwelling, and except in compliance with Sections 4 and 5 of By -law No. 79 -200 and the following regulations: (a) Minimum lot area 5 (i) for a one family detached 370 square metres dwelling (ii) for an on- street townhouse 170 square metres for each dwelling unit dwelling on an interior lot (iii) for an on- street townhouse 200 square metres for each dwelling unit dwelling on a corner lot (b) Minimum lot frontage (i) for a one family detached 15 metres dwelling (ii) for an on- street townhouse 6.4 metres for each dwelling unit dwelling on an interior lot (iii) for an on- street townhouse 7.6 metres for each dwelling unit dwelling on a corner lot (c) Minimum front yard depth (i) for a dwelling unit 3.5 metres (ii) for the garage portion of a 6.0 metres dwelling unit with the vehicular entrance perpendicular to the front lot line (d) Minimum rear yard depth (i) for a one family detached 7.0 metres dwelling (ii) for an on- street townhouse 7.0 metres dwelling with an interior side yard width of less than 7.0 metres (e) Minimum interior side yard width (f) Minimum exterior side yard width (g) (iii) for an on- street townhouse dwelling with an interior side yard width of 7.0 metres or greater (i) for a one family detached dwelling (ii) for an on- street townhouse dwelling with a rear yard depth of less than 7.0 metres (iii) for an on- street townhouse dwelling with a rear yard depth of 7.0 metres or greater (i) (ii) for a dwelling unit 6 for the garage portion of a dwelling unit with the vehicular entrance to the exterior side yard Maximum height of building or structure (h) Maximum number of single detached dwellings on one lot (i) Parking and access requirements (j) Maximum number of dwelling units 225 0 metres 1.2 metres 7.0 metres 1.2 metres 3.5 metres 6.0 metres 10 metres 1 only notwithstanding clause (a) of section 4.19.1 of By -law No. 79 -200, 1 parking space per dwelling unit shall be provided in accordance with the parking space and manoeuvring aisle dimensions contained in clauses (e) and (g) of section 4.19.1 of By -law No. 79 -200 7. None of the provisions of sections 6 or 10 of this by -law and By -law No. 79 -200 shall apply to prevent the use of the land described in section 1 of this by -law and shown hatched and designated OS(H) and numbered 776 on the plan Schedules 1, 1A, 1B and 1C attached hereto, or the erection -7- or use of a building or structure thereon, for the purpose of a sales office for one family detached dwellings or on- street townhouse dwellings, provided that such sales office does not exceed 370 square metres in floor area, is not used for human habitation or accommodation and is removed within 30 days of completion of the dwelling units located on the land described in section 1 of this by -law and shown hatched and designated OS(H) and numbered 776 on the plan Schedules 1, 1A, 1B and 1C attached hereto. 8. No person shall use the land described in section 1 of this by -law and shown hatched and designated EPA and numbered 777 on the plan Schedules 1,1 A, 1B and 1C attached hereto, for any purpose, or permit any building or structure to be erected on the land or permit any soil, sand, gravel, rubbish or other similar material to be placed or dumped, or remove any soil or trees or regrade any of the land except for those public services including walkways and associated bridges required to be constructed and placed and for the purpose of providing services for the land described in section 1 of this by -law. 9. Notwithstanding any of the provisions of this by -law, no person shall use the land described in section 1 of this by -law that is located within 1.09 kilometres of the land located at the northwest corner of Chippawa Creek Road and Gamer Road as shown on the plan Schedules 1,1 A, 1 B and 1C attached hereto, or erect or use any building or structure thereon, for the purpose of a single detached dwelling, an on- street townhouse dwelling, a vacation dwelling unit, a hotel, an apartment hotel, a fitness centre /spa, a conference centre or offices, except in accordance with sections 3 and 4 of this by -law. 10. The holding symbol (H) that appears in section 1 of this by -law and on Schedule 1 attached hereto is provided for in the City of Niagara Falls Official Plan pursuant to Section 36 of the Planning Act. No person shall use the land described in section 1 of this by -law and shown hatched and designated OS(H) and numbered 775 and designated OS(H) and numbered 776 on the plan Schedules 1, 1A, 1B and 1C attached hereto for any purpose, prior to the H symbol being removed pursuant to the Planning Act. Prior to the H symbol being removed, the following shall be completed: (a) functional design studies demonstrating the availability of adequate municipal sanitary sewer, water, storm water management and transportation facilities and the provision of such facilities to the satisfaction of the City through a condominium agreement; (b) mitigation of any noise impacts through a condominium agreement from the adjoining rail line on adjacent land zoned OS(H) and numbered 776 on the plan Schedules 1, 1 A, 1B and 1C attached hereto, as determined through a noise study to the satisfaction of the City and the Regional Municipality of Niagara; (c) an environmental impact study to determine mitigation measures necessary for areas zoned EPA and numbered 777 on the plan Schedules 1, 1A, 1B and 1C attached hereto and the measures implemented through a condominium agreement or site plan agreement to the satisfaction of the City, the Regional Municipality of Niagara and the Niagara Peninsula Conservation Authority; and 8 (d) a tree preservation plan to determine the extent that significant treed areas outside of areas zoned EPA and numbered 777 on the plan Schedules 1, 1A, 1B and 1C attached hereto are to be protected and measures shall be implemented through a condominium agreement or site plan agreement to the satisfaction of the City and the Regional Municipality of Niagara. 11. For the purpose of this by -law: "vacation dwelling unit" means a dwelling unit intended for short-term residential accommodation for periods of less than 90 days at one time. "hotel" means a facility consisting of one or more buildings providing temporary accommodation for travellers or transients on a year round basis and having at least two storeys and 20 bedrooms for guests, a public dining room and public meeting rooms, which may be provided in conjunction with a resort clubhouse. "apartment hotel" means a hotel, except that up to 75 percent (75 of the living accommodation therein, according to floor area, may be dwelling units. "private street" means a street created by a plan of condominium and having a minimum right -of -way width of 10 metres which affords a principal means of access to abutting lots and which has been constructed in such a manner so as to permit its use for the passage of vehicular traffic on a year round basis. For the purposes of a single detached dwelling or an on- street townhouse dwelling, "manoeuvring aisle" means the area used by automobiles for access to and from all off street parking spaces, which may be provided on an abutting lot through a shared access easement. "golf course" means a public or private area and golf course clubhouse operated for the purpose of playing golf and may include accessory uses including a restaurant, a banquet hall, a pro shop, a retail store for the sale of golf equipment, a golf school, a snack bar and a driving range. "golf course clubhouse" means a facility consisting of one or more buildings associated with a golf course and providing services to members and guests of a golf course, including a restaurant, a bar, a banquet hall, a pro shop, a retail store for the sale of golf equipment, a heath centre and meeting rooms. "resort clubhouse" means a facility consisting of one or more buildings providing services to residents of vacation dwelling units, including a health centre, meeting rooms, recreation and games room including amusement game machines, a tuck shop, a health centre, offices and accessory uses, which may also be provided in conjunction with a hotel, apartment hotel or a conference centre. 12. Section 19 of By -law No. 79 -200 is further amended by adding thereto the following: 19.1.774 19.1.775 19.1.776 9 (a) Notwithstanding the provisions of sections 14.1 and 14.2 of By -law No. 79 -200, no person shall use the land located north of Biggar Road, from Montrose Road to west of Morris Road, designated OS and numbered 774 on Sheets A7, A8, B7 and B8 of Schedule "A or erect or use any building or structure thereon, except for the purpose of up to two golf courses and accessory uses, accessory buildings and structures including not more than one golf course clubhouse, maintenance buildings and not more than one accessory dwelling unit, except in compliance with By -law No. 2007- (b) None of the provisions of By -law No. 2007- apply to prevent the use of a lot of record which existed prior to the passage of By -law No. 2007- which is situated on the land located north of Biggar Road, from Montrose Road to west of Morris Road, as well as no more than one new lot located on the north side of Biggar Road east of Crowland Road, designated OS and numbered 774 on Sheets A7, A8, B7 and B8 of Schedule "A or the erection or use of any building or structure thereon, for a one family detached dwelling, a home occupation, agricultural uses, and accessory buildings and structures, except in compliance with By -law No. 2007 Notwithstanding the provisions of sections 2.28, 14.1 and 14.2 of By -law No. 79 -200, no person shall use the land located north of Biggar Road, from Montrose Road to west of Morris Road, designated OS(H) and numbered 775 on Sheets B7 and B8 of Schedule "A or erect or use any building or structure thereon, except for the purpose of a hotel, apartment hotel, vacation dwelling unit, resort clubhouse and accessory uses, buildings and structures, and except in compliance with By -law No. 2007- (a) Notwithstanding the provisions of sections 2.31, 14.1 and 14.2 of By- law No. 79 -200, no person shall use the land located north of Biggar Road, between Montrose Road and Crowland Avenue, designated OS(H) and numbered 776 on Sheets B7 and B8 of Schedule "A or erect or use any building or structure thereon, except for the purpose of a one family detached dwelling or an on- street townhouse dwelling, and except in compliance with Sections 4 and 5 of By -law No. 79 -200 and By -law No. 2007 (b) None of the provisions of By -law No. 2007 and By -law No. 79- 200 shall apply to prevent the use of the land located north of Biggar Road, between Montrose Road and Crowland Avenue, designated OS(H) and numbered 776 on Sheets B7 and B8 of Schedule "A or the erection or use of a building or structure thereon, for the purpose of a sales office for one family detached dwellings or on- street townhouse dwellings, except in compliance with By -law No. 2007- 19.1.777 13. The provisions, regulations and schedule of By -law No. 1538, 1958, shall be deemed not to apply to the land described in section 1 of this by -law. 14. By -law No. 2001 -157 is repealed and Sections 19.1.553, 19.1.554 and 19.1.555 of By -law No. 79 -200 are deleted. Passed this twenty -third day of July, 2007. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: No person shall use the land located north of Biggar Road, from Montrose Road to west of Morris Road, designated EPA and numbered 777 on Sheets A7, A8, B7 and B8 of Schedule "A for any purpose except in compliance with By -law No. 2007- July 23, 2007 July 23, 2007 July 23, 2007 -10- SCHEDULE 1 TO BY -LAW No. 2007- Subject Land 1111 OS 775(H) OS 776(H) Description: Part of Lots 1,2,3,4,5,6 and 7. Part of Grassy Brook Road and Crowland Road road allowances designated as Parts 1 to 7 on Reference Plan 59R- 13238. Part of the Road Allowance Between Lots 2 and 3, Broken Front Concession, in the Former Township of Stamford, Now in the City of Niagara Falls, in the Regional Municinalitv of Niagara Applicant: Grand Niagara Resort Inc Assessment 272514000211300, 272514000211310, 272514000211320, 272514000212500, 272514000213110, 272514000213100, 272514000213400, 272514000213420, 272514000213600, 272514000213300, 272514000212600, 272514000212310, 272514000212300, 272514000212320, 272514000212200, 272514000212100, 272514000212000, 272514000211901, 272514000210702, 272514000210800, 272514000210700, 272514000211700 EPA 777 1 1 OS 774 ....AMMO IIIIIIIMIV, MI MEI 1 ill l ose rK r= i�'t' �I AI �I'�� .11 11 yr. 4I Amending Zoning By -law Nos. 1538, 1958 and 79 -200 1:NTS AM- 19/2006 K:1013 Requelki00061Schodules ZoulagAMV0.4-19 bylawinapping.mw SCHEDULE 1A TO BY -LAW No. 2007- Subject Land UI 1111 II OS 775(H) OS 776(H) Description: Part of Lots 1,2,3,4,5,6 and 7. Part of Grassy Brook Road and Crowland Road road allowances designated as Parts 1 to 7 on Reference Plan 59R- 13238. Part of the Road Allowance Between Lots 2 and 3, Broken Front Concession, in the Former Township of Stamford, Now in the City of Niagara Falls, in the Regional Municipality of Niagara Applicant: Grand Niagara Resort Inc Assessment 060 I r.r•r•r•r EPA 777 I OS 774 Amending Zoning By -law Nos. 1538, 1958 and 79 -200 272514000211300 ,272514000211310,272514000211: 272514000212500 ,272514000213110,272514000213: 272514000213400, 272514000213420, 272514000213( 272514000213300 ,272514000212600,272514000212: 272514000212300 ,272514000212320,272514000212: 272514000212100 ,272514000212000,2725140002111 272514000210702 ,272514000210800,272514000210' 272514000211700 1:NTS AM- 19/2006 Subject Land Description: SCHEDULE 1B TO BY -LAW No. 2007- Applicant: Assessment OS 775(H) OS 776(H) EPA 777 I I OS 774 Amending Zoning By -law Nos. 1538, 1958 and 79 -200 Part of Lots 1,2,3,4,5,6 and 7. Part of Grassy Brook Road and Crowland Road road allowances designated as Parts 1 to 7 on Reference Plan 59R- 13238. Part of the Road Allowance Between Lots 2 and 3, Broken Front Concession, in the Former Township of Stamford, Now in the City of Niagara Falls, in the Regional Municipality of Niagara Grand Niagara Resort Inc 272514000211300 ,272514000211310,272514000211: 272514000212500 ,272514000213110,272514000213: 272514000213400, 272514000213420, 272514000213( 272514000213300 ,272514000212600,272514000212: 272514000212300, 272514000212320, 272514000212 272514000212100 ,272514000212000,2725140002115 272514000210702 ,272514000210800,272514000210' 272514000211700 1:NTS AM- 19/2006 KAbls Request LOOSScneeNa oninsAWAMa9 srMw m•wucose Subject Land Description: SCHEDULE 1C TO BY -LAW No. 2007- Applicant: Assessment OS 775(H) 111 OS 776(H) r�r:r�r�er:r .ti.ti.ti.ti. ■r•r•r ■rti�ti� EPA 777 I OS 774 f INNErrirc_ibl AMMi IMMIX AIM I 421= Amending Zoning By -law Nos. 1538, 1958 and 79 -200 Part of Lots 1,2,3,4,5,6 and 7. Part of Grassy Brook Road and Crowland Road road allowances designated as Parts 1 to 7 on Reference Plan 59R- 13238. Part of the Road Allowance Between Lots 2 and 3, Broken Front Concession, in the Former Township of Stamford, Now in the City of Niagara Falls, in the Regional Municipality of Niagara Grand Niagara Resort Inc 2 72514000211300 ,272514000211310,272514000211: 272514000212500 ,272514000213110,272514000213: 272514000213400, 272514000213420, 272514000213( 272514000213300 ,272514000212600,272514000212: 272514000212300 ,272514000212320,272514000212: 272514000212100, 272514000212000, 2725140002115 272514000210702 ,272514000210800,272514000210' 272514000211700 1:NTS AM- 19/2006 CITY OF NIAGARA FALLS By -law No. 2007 A by -law to provide for the adoption of an amendment to the City of Niagara Falls Official Plan. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS, IN ACCORDANCE WITH THE PLANNING ACT, 1990, AND THE REGIONAL MUNICIPALITY OF NIAGARA ACT, HEREBY ENACT AS FOLLOWS: 1. The attached text and map constituting Amendment No. 69 to the City of Niagara Falls Official Plan is hereby adopted. 2. That the Clerk is hereby authorized and directed to submit the amendment to the Regional Municipality of Niagara for approval. 3. This by -law shall come into force and take effect on the day of final passing thereof. Passed this twenty third day of July, 2007. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: July 23, 2007 July 23, 2007 July 23, 2007 PART 2 BODY OF THE AMENDMENT All of this part of the document entitled PART 2 BODY OF THE AMENDMENT, consisting of the following text and attached map, constitute Amendment No. 69 to the Official Plan of the City of Niagara Falls. DETAILS OF THE AMENDMENT The Official Plan of the City of Niagara Falls is hereby amended as follows: 1. MAP CHANGES i) The referenced Area #1 shown on the map attached hereto, entitled Map 1 to Official Plan Amendment No. 69, shall be redesignated from Rural /Agricultural (Deferred) and Industrial to Environmental Protection Area on Schedule "A" of the Official Plan. ii) The referenced Area #2 shown on the map attached hereto, entitled Map 1 to Official Plan Amendment No. 69, shall be redesignated from Rural /Agricultural (Deferred) to Open Space and identified as SPECIAL POLICY AREA "34" on Schedule "A" of the Official Plan. iii) The referenced Area #3 shown on the map attached hereto, entitled Map 1 to Official Plan Amendment No. 69 shall be redesignated from Industrial to Open Space and identified as SPECIAL POLICY AREA 34" on Schedule A" of the Official Plan. 2. TEXT CHANGE PART 2, SECTION 14 SPECIAL POLICY AREAS is hereby amended by deleting subsection 14.34 in its entirety and substituting therefore the following: 14.34 SPECIAL POLICY AREA "34" Special Policy Area "34" applies to approximately 274 hectares of land located on the north and south sides of Grassy Brook Road, between the Welland River to the north and Biggar Road to the south, from Montrose Road to the east to approximately 225 metres west of Morris Road. The land is designated Open Space, in part, and Environmental Protection Area, in part. A. OPEN SPACE In addition to the Open Space policies of this plan, the following policies will apply to land described above and designated Open Space: 14.34.1 The majority of the land is intended to be developed for golf courses and a driving range, including a club house and accessory buildings and structures. 2 14.34.2 Approximately 50 hectares of the lands east of Crowland Avenue north of the CPR rail line within the urban area may be developed for a comprehensive development consisting of a full service or apartment hotel, vacation villas, a conference centre, a fitness centre /spa, an administration office, recreation centre and related ancillary uses as integral components of a golf course resort. A maximum of 650 hotel and vacation villa units may be permitted, with building heights not exceeding 5 storeys. In addition to the above, up to 225 residential dwelling units, in the form of single detached, townhouse or other similar multiple residential unit dwellings, may be developed within the urban area as an integral part of the golf course resort within the resort block or within separate plans of subdivision or condominium. Dwellings shall have a maximum height of 2 storeys. Alternatively, a portion or all of this allocation of dwelling units may be permitted within the aforementioned apartment hotel. 14.34.3 To ensure compatibility is maintained between the residential, recreational and resort uses on the land and existing and future heavy industrial facilities permitted on Industrial designated lands situated to the northwest of Gamer Road and Chippawa Creek Road, the following policies will apply: a) A separation distance of 1.09 km shall be implemented through the amending zoning by -law to provide for a transition of land uses from these heavy industrial facilities to the resort development block and the residential dwellings. Open space lands within the above noted separation distances will be restricted to low intensity recreational type uses such as golf course facilities and uses ancillary thereto and shall not include any resort or residential buildings providing places of assembly or overnight accommodations. b) This separation distance will be measured from the intersection of Garner Road and the Chippawa Creek Road to the closest point of the boundary of the land used for the resort development and/or the residential dwellings. c) Any application to amend these Official Plan Policies or related implementing zoning by -law provisions shall be subject to the public notification requirements of the Planning Act with an expanded notice circulation to all properties within 1.5 km of the resort development block and residential dwellings. 3 14.34.4 The amending by- law(s) permitting the development of the resort block and residential dwellings shall include a holding symbol "H Prior to the removal of the H" symbol: a) Studies demonstrating the availability of adequate municipal sanitary sewer, water, storm water management and transportation facilities shall be completed to the satisfaction of the City; b) Any noise impacts from the adjoining rail line on adjacent residential areas shall be mitigated, as determined through a noise study to the satisfaction of the City and the Regional Municipality of Niagara; c) An environmental impact study to determine mitigation measures necessary to protect the Environmental Protection Areas identified in Section 14.34.7 of this plan shall be completed and the measures implemented to the satisfaction of the City, the Regional Municipality of Niagara and the Niagara Peninsula Conservation Authority; and d) A tree preservation plan to determine the extent that significant treed areas outside of Environmental Protection Areas are to be protected shall be completed and measures shall be implemented to the satisfaction of the City and the Regional Municipality of Niagara. 14.34.5 Development will be subject to a Plan of Subdivision(s), Plan of Condominium(s) and /or Site Plan Control which shall implement, in addition to measures typically implemented under such controls, measures outlined in Section 14.34.4, as well as measures to control herbicide /pesticide impacts and to preserve any archeological resources. 14.34.6 To ensure the safety of the residents and patrons, the resort and residential blocks will be designed to ensure proper and efficient access by emergency vehicles. 14.34.7 Notwithstanding Open Space policy 13.7, existing rural residences, remnant farm dwellings and hobby farms within the subject area shall be recognized and may continue as permitted uses as regulated by the Zoning By -law. B. ENVIRONMENTAL PROTECTION AREA Portions of the land contain environmentally sensitive lands including provincially significant wetlands and are designated Environmental 4 Protection Area. In addition to the Environmental Protection Area policies of this plan, the following policies will apply to land described above and designated Environmental Protection Area: 14.34.7 Development of these lands, including site alteration, will not be permitted unless otherwise stated in this subsection. Development of adjacent lands shall not adversely impact the Environmental Protection Areas. In this regard, the recommendations of the Environmental Impact Assessment (March 2001) and Addendum Report Environmental Impact Assessment (June 2001) prepared by ESG International and any subsequent environmental impact assessments shall be implemented through the amending zoning by -law and through Section 14.34.5. Notwithstanding the above, bridge and municipal service crossings of watercourses within Environmental Protection Areas may be permitted provided an environmental impact assessment demonstrates that such lands will not be adversely impacted, and the necessary permits are obtained from the Niagara Peninsula Conservation Authority. 14.34.8 The boundaries of the Environmental Protection Area designation applying to watercourses west of Morris Road are approximate only. Prior to passage of the amending zoning by -law, the exact boundary of the fish habitat setback, as defined by the federal Department of Fisheries and Oceans, and the regulatory flood plain for these watercourses shall be mapped in consultation with the Niagara Peninsula Conservation Authority. KKns_xequdts 20061sctiwmeaVoningAWAM -19 \mepping.map MAP 1 TO AMENDMENT NO. 69 SCHEDULE A TO THE OFFICIAL PLAN Areas Affected by this Amendment Area 1: Proposed Change From: Rural/Agricultural and Industrial to Environmental Protection Area Area 2: Proposed Change From: Rural/Agricultural to Open Space and SPECIAL POLICY AREA "34" Area 3: Proposed Change From: Industrial to Open Space and SPECIAL POLICY AREA "34" CITY OF NIAGARA FALLS OFFICIAL PLAN EXCERPT FROM SCHEDULE A FUTURE LAND USE PLAN LEGEND ESSi MEI ENVIRONMENTAL PROTECTION AREA INDUSTRIAL OPEN SPACE RURAL AGRICULTURAL NOTE: This schedule forms part of Amendment No. to the Official Plan for the City of Niagara Falls and it must be read in conjunction with the written text. N 1:NTS AM- 19/2006 AM- 38/2004 August 2006 Passed this twenty -third day of July, 2007. First Reading: Second Reading: Third Reading: July 23, 2007. July 23, 2007. July 23, 2007. CITY OF NIAGARA FALLS By -law No. 2007 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 23` day of July, 2007. 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 23r day of July, 2007 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. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR CITY OF NIAGARA FALLS By -law No. 2007 A by -law to appoint Alderman Vince Kerrio Acting Mayor. WHEREAS Section 242 of the Municipal Act, 2001 provides that a municipality may by by -law or resolution appoint a member of the Council to act in the place of the head of Council when the head of Council is absent or refuses to act or the office is vacant and while so acting such member has all the power and duties of the head of Council; AND WHEREAS the office of Mayor of the City of Niagara Falls will become vacant as a result of R.T. (Ted) Salci being absent from the City from July 27, 2007 to and including August 12, 2007; AND WHEREAS the said Council deems it desirable to appoint an Acting Mayor until the return of R.T. (Ted) Salci; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Alderman Vince Kerrio is hereby appointed Acting Mayor from July 27, 2007 to and including August 12, 2007. 2. At the conclusion of the period described in paragraph 1, R.T. (Ted) Salci shall resume his appointment as Mayor, together with all powers and duties associated with that office. Passed this twenty -third day of July, 2007. BILL MATSON, ACTING CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: July 23, 2007. July 23, 2007. July 23, 2007.