Additions 2009/07/20 d ~
ADDITIONS TO COUNCIL MONDAY JULY 20 2009
DEPUTATIONS/PRESENTATIONS
1. Correspondence from Jeff Guarasci, Project S.H.A.R.E. of Niagara Falls.
DEVELOPMENT CHARGES
1. IVIIIV-2009-53 - 2009 Developrnent Charges Background study and by-law
a. Correspondence from Tom Richardson, Sullivan Mahoney, requesting to speak.
b. Email from Glenn Wellings, on behalf of Villarboit, requesting to speak.
c. Request from Italia Gilberti, Broderick & Partners, to speak ~
d. Request from Joshua Kaufman, representing Oakwood Place Shopping Centre to make
a deputation.
PLANNING MATTERS
1. PD-2009-52 - AM-2009-009, Dunn Street ( fVorth Side) - Opposite Ailanthus Avenue
Applicant: Pinewood Homes Ltd. ( Tara Cosaneri)
a) Correspondence from the Region
b) Correspondence from John Cicchino and Antonio Chiovitti
c) Correspondence from Ben and Jean Schwerzer & petition
d) Email from Rocky Vacca with attached letters of support
e) Copy of Powerpoint presentation from Sullivan Mahoney.
f~ Email from Dawn Damiano.
g) Email from the Mayor's Office on behalf of Janis Amos, in favour of application.
2. PD-2009-53 - AM-2009-004, 6570 Frederica Street, Applicant: City of YViagara Falls
Re-zone for Sale of Surplus City owned- Land
a) Correspondence from the Region
b) Correspondence from Jean Grandoni
COMMUNICATIONS
1. Request for Fireworks display.
RECOMMENDATION: For the approval of Council.
BY-LAW
1. 2009-120 A by-law to authorize the execution of a Best Efforts Agreement with Andrezj
Kepinski, on behalf of a corporation to be incorporated, respecting the City's efforts
to determine whether or not certain City owned lands upon which are located the
City's transit operations, are surplus to the requirements of the City.
2. 2009-121 A by-law with respect to development charges.
, ~ (7/16/2009 ,Dean lorfida Monday Council ~ `
) ~
U _
T Page 1
From: "Jeff Guarasci" <develo ment
To: P @projectshare.ca>
Dean lortida"' <diorfida@niagarafalis.ca>
Date:
7/16/2009 12:11 PM
Subject: Monday Council
Hi Dean
For Monday's Council meeting, I am going to bring greetings from Project
SHARE and briefly state what's happening at Project SHARE and then turn it
over to Tim Parker from Ripley Entertainment who will represent the 10 men
in the tent. He will tell council what is going to happen on August 17th to
the 21st. I believe Jim Diodati will conclude by requesting council to name
that week Project SHARE week.
Looking for your input if this is ok...l expect a good majority of the 10
men to be present and requested them to be at council for 7pm.
Thanks,
Jeff Guarasci
Resource Development & Communications Coordinator
Project S.H.A.R.E, of Niagara Falls
4129 Stanley Avenue, Unit 2
Niagara Falls, Ontario L2E 7H3
Phone:905.357.5121 ex.33
Fax: 905.357.0143
Email: <mailto:development@projectshare.ca> development@projectshare.ca
Website: <http://www.projectshare.ca> www.projectshare.ca
"Our Community At Work"
Confidential
.,a_e!'i _.s f ...it'rc: i_,:.,.~' ~cM~~„"}',^; i ~~i-as x -;7
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July 16, zoa~
Via ]E-mail #o ciiorfidan~iiagarafalls ca
Please Heply !o St, Cathnrines O~ce
M3•. Dean Iorfida, Clerk
City of Niagara FaIls
City Hall , 4310 Queeti Street I
P.O. Bos 1023 ~
Niagai•a Falls, ON L2E 6X5
Dear Mi•. Iorfida:
Re: Wa~•?~et~ Woods plan of subclivision
Ow• l~ile: 85887
We aet as salicitors for the ow~iers of the ~Varren Woods plan of subdivision.
The pucpose of this lette~• is to t•equest an opportunity for this ~vrite~~ Fo speak to tlie Cotincil its meeting o~i JciIy
20, 2009 on behalf of the o~vners of ti~e Warreu Woods plan of sttbdivision witli cespect to tlte i•epot~t ori
develop~nent charges.
Thank yau foi• you~~ co-operatio~~ in this mattea•.
Yours very truly,
S~IY,Y,IVAN, MAIION~Y LIL~
Per:
~ ~'z-,
Tl~o~nas A, Iticl~ardson
TAR:sm
c~IvTr. Bob O'be(1,
N~rrcn R~oods
40 Queen Strcct, P. O. Box 1360, St. Catharines, Ontario L2R 6Z2 Telephoue: 905688-6655, Facsin~ile: 905-G88•5814
4780 Porta e Road Nia aza Fa](s Onta~a L286A8 Tete lione: 9p5~357-Oi00 Facsimile: 905357-OSOI
V.F. n4uratori, Q.C. P,B, Dedard T,A. Richardson P.M. Sheehan t4.B. McKaig ,I, aT~~~l
J.M. Gotlli R.B. Culliton J.R. flush D•A. Gosiin
P.A. A9afioney B.A, h9acdata[d Ai.J. Bonomi G.W. McCann
S.J. Prcmi C. D'Ange]o R. Vacca T. Wnll K.A. Hook H.]. Troup M. Adaros
I..K. Parsons C.J. Biltle J.P. Malaiey S.F,. Wells
A1. Atherton
Of Counsel (Commercial Law): h4.D. Knluck
~~(7/17/2009) Dean lorfida Request for Delegation Before Council_ Report MW 2009 53
_ . Page 1 ~
. _ (
From: "Glenn Wellings" <gienn.wellings@sympatico.ca>
To: "'Dean lorfida"' <diorfida@niagarafalls.ca>
Date: 7/17/2009 9:12 AM
Subject: Request for Delegation Before Council - Report MW-2009-53
CC: "'Geoff Holman"' <gholman@niagarafalls.ca>, <ggoyo@villarboit.com>, "'Ba...
Dean, could you please list me as a delegation for the Council meeting on
Monday evening. I would like to speak to Council on behalf of Villarboit
regarding the above-noted staff report and specifically the transitioning in
of the non-residential development charge increase.
Please confirm time of Council meeting. Thanks.
Glenn
Glenn J. Wellings, MCIP, RPP
Wellings Planning Consultants Inc.
564 Emerald Street
Burlington, ON
L7R 2N8
Phone: (905) 681-1769
Fax: (905) 681-8741
Cell: (416) 988-0310
Information from ESET Smart Security, version of virus signature
database 4253 (20090717)
The message was checked by ESET Smart Security.
http://www.eset.com
~'(7/17/2009) Dean Iorfida, RE Development Charges Report " ~ " µ -
_ _ Page 1
_
-
From: "Italia Gilberti" <Gilberti@broderickpartners.com>
To: "Dean lorfida" <diorfida@niagarafalls.ca>
Date: 7/17/2009 11:41 AM
Subject: RE: Development Charges Report
Hi Dean:
I would like to speak specifically about this matter (in support of the
staff recommendation report).
Thanks, Italia
-----Original Message-----
From: Dean lorfida [mailto:diorfida@niagarafalls.ca]
Sent: Thursday, July 16, 2009 3:07 PM
To: Italia Gilberti; hoakes@cliftonhill.com; Rob Capitano; Rocky Vacca;
tarichardson@sullivan-mahoney.com
Cc: Geoff Holman; Ken Todd; Rick Volpini
Subject: Development Charges Report
As you know on Monday, July 20th Niagara Falls City Council will be
considering the adoption of a Development Charges Background study and
related by-law.
The staff report is attached, however, the various attachments are
voluminous, so I would direct you to the City's website where the full
agenda can be accessed. (I have included instructions on how to access
our agendas through the website).
Go to pages 13 to 76 for the full Development Charges report and
attachments.
If anyone wants to speak specifically to the matter, please send me an
e-mail by Monday at noon hour.
If you have any questions, feel free to contact me directly.
Thanks
Dean
Dean lorfida, City Clerk
Niagara Falls
905-356-7521, Ext. 4271
905-356-9083 (Fax)
~,(7/20/2009) Teresa Fabbro - Request for Deputafion - -
- _ . Page 1J
From: <SRawji@smartcentres.com>
To: <tfabbro@niagarafalls.ca>, <diorfida@niagarafalls.ca>
CC: <JKAUFMAN@smartcentres.com>, <GReiff@smartcentres.com>
Date: 7/20/2009 3:11 PM
Subject: Request for Deputation
Dear Clerk,
We would like to request that Mr. Joshua Kaufman (representing Oakwood
Place Shopping Centre Inc) be added to the list of deputations a
tonight's council meeting.
Warm Regards,
Salima Rawji
SmartCentres
Salima Rawji, MBA ~ Associate ~ Phone: 905-760-6200 ext. 7958 ~ Fax:
905-760-6202 ~ Cell: 416-436-3650
[ 700 Applewood Cres., Suite 100, Vaughan, Ontario, L4K 5X3 ]
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R~c AA~»~~~~~T ~~r~~~g By-law Ar~+aotdmet~# A~~l~c~~r:n
Tt~ ~er~~t ~n Ap~r~mer~t ~we[ttng
~tc~r~1~ ~~cie ~f Qunn ~treet, a~p~~~te Ailantt~us avsnu~
~~~i t~f ~t~~~~r~ F~lI~
R~gian.~! D~v~l~~rn~nt Services sxa€f F~~s revi~wed the ir~f~rmaC~on Girculated f~r th~ ab~v~ noted
Zanlrrg By-la~r Am~nc#tn~rt# a~plication. fihe propc~s~d amendmer~# rrvil! rezon~ the property frtam
t~s#itut~c~t~ai to a site specific F~esider~tial Apartment 5G Qensity (R5C) ta permit a~ stc~rsy, ~
unit apa~tm~nt d~v~l~ing. Re~ic~n~l staff a~fiers the followin~ Prov'snci~t and R~gional cor~nm~nts f~
ass#~t fhe ~r`ty ir~ cca~sir~~rir~g th~ applicat~~n.
Tl'~e sub~~~t ~~c~per~r ~s wttt~tn t~e t~rban Area B~undary for th~ ~ity u€ t~iar~ar~ ~afls accor~irrg
to the Ft~gie?n~l Pc~li~y f~lan. TFi~ Urban Area ~tici~s
p pravide fs~r a range of Industriai,
cc~mmer~ial, ~nd resi~entia! uses. The Rec~i~nal ~alicy Plan, Provirrci~l Policy Statement, and
Greater {~ol~ten Hor3eshoe Gr~wth Pl~n ai1 contain p4lic~s that s~ppQrt inten5ification in the
urban ar~a wher~ approprlate teve3~ ~f services and infrastructure exist. in addrtion,
muni~ip~t'r#ie~ are enc~uraged #a develop a diverse rr~i:x artd range ~f housing typ~s at~d
d~ensitiss, inciudin~ ~~t~rdabte hr~usin~, and ~asy access tn locai stt~rss and servic~s.
Th~ ~aropc~sed r~~on~t~c~ will f~~~lit~#$ the r~deveEopr~~nt Qf ~ va~ant pro~erty in the City's
e~tabtish~d urf~art ~rhet~e ex'tsting infr~sYru~ture is ~vail~bl~ #o s~rvic~ the ~sro~a~ed
d~v~iz~~rm~r~#, lmm~diately fo the west of the property is a Niagara College campus and the
r~mainel~r of fhe immediai~ nefghbour#~a~d is primarily re~idential and characterised by a m'rx of
h~~sirtg tYpe~. ~eve~a! r€~igh~urho~d commer~ial use~ and the C[ty'~ traur~st arsa ~re located
with~n a reasc~n~ble ~ualkfng dls#enc~ of th~ property. tn ~dditior~, transit senrices are ~v~ilable
in the ar~a. Future r~siden~s wilt b~netit fram easy access to n~arby amenities and s~nric~s
and the aption ta chc~ase ~Itsmative moc#~s of transpor#ation (i.e. ~nralking ar fransit}. The
propo~ed apartrrt~nt cfwelling, as an alternattve typ~ of h~using. should further enhan~e hausir~~
~t~olce for residents at a v~rlety of inc~me graups.
tfllt~ttl~ GQt'Ttti3ltt11tj~ Btlf~C~Jtt~ L.1Yt°S.
F?t„~it+ttdifi*3~:i
ra r4~u~~ t~e~~aa=~.j~±"
, 07/17/2009 11:57 9053572277 ROYAL CARSTAR COLLI5ION #2881 Y.G02 /003
n,~-;
_ ~•fe~;?r.i=;;Lw,~<E.'~.~.:''r;:;;~'!.it~'.'-"-.
~1~1y t S7r 4VL/.7
Mis Warship ~Aayor Ted S~ici
~nd N~embers of the ilA~nicipal Council
City of Niagare Falls
4310 Qu~en S#reet, P.O. ~iax 142~
. Nfagara ~al(s, pN L2~ ~X5
Mr. D~an It~~da, City Gi~rk ~
. City ~f Niagara Falls
439~ Qli~n Stre~t, $c~x 1023
Ni~gara ~a4#s, ON, L2~ 6X5
a~ar Sirs / Madams:
Re: City FQIe AM~2Q09-Q0~
~ ~enewaad ~I~mes (Taray ~td. ('~~t'~ ~ol~~n~ri) d~r~~ Str~ett (Nortt~ Sad~)
This 3Ett~r is_ writken an be~half af the ownet~ of a$S8 D~tnn Street, 5866 L~ur~rt ~treet a~tf
5882 [?urtn Stre~3t wi~?iGh r~sid~ntial prc~~~rti~s ar~ the closest ~ing~: f~mity dweAings to
the s~bject pro~erty on the soutf~ side of Dunn Street. This aetter is also writt~n on
, b~half af the owners of 595~ Dunn Str~e# and 5959 Dunn Str~et which ar~ residerr~a!
. prQperties t~tat a#xtt the Niagata Cofleg~ Maid of the Mist C~ntr~ to the wes# wher~aS the
subjeet pr~perty ab~#s Niagara Ctrllege t~ the ~ast.
VVe wish ta addise that we are sn support o~ the Applic~tion to chang~ th~ zaning #a
. '~ermit the devetopmen~ of a six (6) stor~y ~partment buifding cantain?ng fifty-ei~ht {58)
uni#s. We befieve that the deve(opm~nt is compatible with the praper#ies in the area ar~d
represer~s ar~ exc~(tent ~nfilt d~v~lopm~nt opportuni#y given that it does not a~ut
resid~rtial dw~liings. Atsa, w~ believe #hat f~e devefaprt~r~# at six {6) stor~ys is
cvmpa#ible in t~rms af heigi~t and d~nsiiy givert the generous ~etbacks and iandsc~ping
b~ing provid~d_
In con~lusian, w~ ~r~ in support af ~he praposed re~aning as we befieve it is in #he best
irtter~st of the Ci#y as it wiJl provid~ r+ew r~sident;a# urtits irt clase proximity ta marty af
th~ majar empfoyers in the Cify. We would ask th~t we be advi~~d as to Cauncif's
decision ~n this maiter.
Yaurs truly,
~ ~ ' ~ ' f?~ R
~~/L.'4iIQ L/a V't~i`~3
John Gir~hir~b and An#pnip ChiQVi~#i, on ~~half of Anita Chiovi~i Nicdlin~ Cicchino,
Mar~a Chiovitki, Casima Chiavi#ti
c.c. Alex lieriovitch, ~ire~tot pf Flartning
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JUI. 17 2009
PLANNING
& D~VELOPtv1ENT
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`.(7/17/2p09) Teresa Fabbro - FW: Letter of Support Jo'ie de Vivre ` ~
Page 1
From: "Rocky Vacca" <rvacca@sullivan-mahoney.com>
To: "Dean lortida" <diorfida@niagarafalls.ca>
Date: 7/17/2009 4:09 PM
Subject: FW: Letter of Support - Joie de Vivre
Attachments: Mal Woodhouse - NC.pdf; Joie de Vivre.pdf
Letters/e-mails of support from Niagara College and the Joie de Vivre
Retirement home (abutting properties) are attached.
Regards,
Rocco (Rocky) Vacca
Partner
Sullivan Mahoney LLP
Lawyers
4781 Portage Road
Niagara Falls, Ontario
L2E 661
(905) 357-0500
(905) 357-0501(facsimile)
This communication is intended only for the named recipient(s) and is
private, confidential or privileged. Any unauthorized use or disclosure
of this communication is prohibited. If you received this communication
in error, please notify the sender immediately by return e-mail, by
telephone at 905-357-0500 or by contacting lawyers@sullivan-mahoney.com
and immediately deleting the communication from any computer. Thank
you.
From: Karyne Sawatsky [mailto:mail@raimondoarchitects,com]
Sent: Friday, July 17, 2009 3:39 PM
To: Rocky Vacca
Subject: RE: Letter of Support - Joie de Vivre
Rocky,
I am still waiting for Cavendish. Attached are the letters from Joie de
Vivre and Mal Woodhouse
Kind Regards,
Karyne Sawatsky
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~~(7/2a/2009) Teresa Fabbro Fw Dunn Street Cavendish Letter T~~
Page 1 .
From: "Rocky Vacca" <rvacca@sullivan-mahoney.com>
To: <diorfida@niagarafalls.ca>
Date: 7/20/2009 12:29 PM
Subject: Fw: Dunn Street - Cavendish Letter
Attachments: Support Letter - SAMPLE.doc
Dean,
Attached please find letter of support from abutting Cavendish Manor. Please provide to Council.
Original Message
From: Karyne Sawatsky <mail@raimondoarchitects.com>
To: Emilio Raimondo <emilio@raimondoarchitects.com>; Chad Hindi <chad@raimondoarchitects.com>;
Rocky Vacca
Cc: Mike Colaneri SR <mcolanerisr@cottoninc.ca>; Tara Colaneri <tcolaneri@hotmail.com>; Michael
Colaneri Jr <michael.jr@pinewoodniagarabuilders.ca>
Sent: Mon Jul 20 12:19:06 2009
Subject: Dunn Street - Cavendish Letter - Got it!!
All - Janice has forwarded the attached letter of support. I have asked her if she could send one with her
signature - but I figured in the interim this would suffice. S'ok?
Kind Regards,
Karyne Sawatsky
Executive Assistant
Raimondo + Associates Architects Inc.
From: Janice Amos [mailto:gm.cavendish@diversicare.ca]
Sent: Monday, July 20, 2009 12:01 PM
To: Karyne Sawatsky
Subject: RE: Dunn Street Condos
Dear Karyne
I have changed the letter to reflect our address.
I hope that this will help
Janice Amos R N
Application for Zoning By-law
Amendment
AM-2009-0
Dunn Street ( ~~orth sid "
Pinewood~ Hom~s (Tara) .
Presentatian bye:f Rocky V~_ a
~
,
. . ~
~ £ ~
. z~ : ~ - ~
_
~~;Y
AD~ACEN1' PROPE~TIES
• TO TH E W EST: ¦ TO TH E
NIAGARA COLLEGE _ ~ ~5 E JOIE
(NiAID OF THE MIST ~ DE VIVRE
CENTRE ~ `
) ; : `:RETIREM HOME
*IIV SUPPORT OF *IN'SUPPOR F
APPLICATION AP'PLICAT ~ I~
~ . -
. ` ~ .
~,i,~, i
1
OFFICIAL Pi~4N POLICIES
• Support between 4 ¦ Proposal is 6 store , s ~
a nd 6 storeys i n wi ; ~~p ' , - ~ ~ ~ ~
height up to density units per ctare (if
of 100 units per we includ oad
hectare in periphery widening be givenj
of residential area ~`and is on riphery, ~
; (~only 200 , ~tres
; from com ercial :
deWelop : )
.x~
~A 2..:
: , ~ - ~
OFFICIAL PLAN POLICIES
• Section 4.4.3 and . Proposal i l
Figure 4 in OP permits ~~;~-~y
Yf
a height of 13 to 30
storeys across from ;-~1
single family homes in . r':.
the area North and ' ~
South of Dunn Street '
}
at Cleveland Street ' ~ ~
(only 200 metres
from subject
property) ~
A ~ , E~• ~'i~
3
PRIOR APPROVALS/OPINIONS
5840 DUNN STREET (across the street)
~ PD 2000-009 - January 17, 2000 - Planning Staff recom ~
Council approves in principle re-zoning for 5 st r, ~~jnr
Citizen Home with density of 150 unit .p~r~ single ~
family homes to the rear and to the v~st
¦ PD-2000-119 - October 16 2000 Pla,nning Staff reco ends and
Cauncil approves in principfe OPA and r~-zornng for 5 sk ~~y, 27 units
with density of 150 units per hectare abutting single fa E~~ homes
~ OMB approves development at 4 s~oreys b~sed upon M t~es of
Settlement and matter does not proc~ed to,hearing ~
• Planning reports and decision pre-daEes ProVi,ncial p~ic~,~ ~'~icouraging
greater intensification and density ;
,~,a~ . ~ ~ _ ~
` u.` , • ~ ~ .
~
_ _ i
PRIOR APPROVALS/OPINI0111S
6870, 6888 & 6892 DRUMMOND ROAD (NEAR DUNN ST.)
¦ PD-2007-77 - September 10, 2007 ~ $ _
~ ,
¦ Planning StafF asks Council to etermine whe er to
continue with appeals to mino~;variance deci~~~n to permit :i`;
5 storey~ 95 unit apartment bu~lding abutting - gle famil
i~ ~
residentiaL y° '
¦ Council decides not to contiriu~ wrth appeal
¦ Property abuts single family r~sidential an-
substantially larger building footprint'.than ~ R c~ property
~
e~
5
ECON01~1IC INIPACI' IF
APPROVED (Cont'd)
n ~ , y~
~ ¦ New rental housin units in cl t ; - ` ~ ~ ~ ~ .
~ ~ ~ he City s
major employers (i.e. Falisvie~ Casino, Con ntion
Centre, Hotels...etc.) ~
ii`' y ~
¦ THERE IS A NEED. Applicant l~as list of ove
individuals who would like t~ mo~e into the :~~posed i
building ~ ~
-
~ m.
. AxAtA.. :e, .;~y . . .
. /~1 •'@~_.~
.wy~• ~ :Y- - i
~
~'air;3:2~
SUMMARY
• Planning department does not support more
than 4 storeys in height .~~s_
BUTe
¦ PRIOR APPROVALS/OP~NIONS su = orted 5;'
storeys across the str~~t `abutting ~ ~gle
;
family homes prior to new.: provin
policies promoting gre~ter'densi ~ r~d
intensification
~ . ~
. . ,
~
COIVCLUSION
REQUEST that Council approve 6 storey, 58 unit
proposal because:
_.o- -
~ It meets the OP and provinci~~~pr~~i~ii~' pr~;~t~oting
greater density ~
~ It will not abut any residenti~'I properties
~ It is consistent with PRIOR ARPROVALS/ ~~~~NIONS of
Council and Planning staff . : ~
e It is supported by abutting neighbours ~ f~
~ It will provide new, needed rental housing~g he area
~ It will result in construction activity and i~f%~cant '
development charges apd p:roperty tax ~e~`N~~~i~~
~ ~s
~ ,i~ ~
~
~~c
. . ~ ~
_y:~ -
~z
9
(:7/20/2Q09) Teresa Fabbro - City File: AM-2009-009 / rezoning .application Page 1 ~
From: Alex Herlovitch
To: Dean Iorfida; Teresa Fabbro
CC: Bethany Powell; Rick Wilson
Date: 7/20/2009 8:53 AM
Subject: City File: AM-2009-009 / rezoning application
Donnalee Damiano ddbrozellCa~sympatico.ca> 7/18/2009 11:43 AM mailto:ddbrozellCa~svmpatico.ca> ) -
RE ; Proposed application to change zoning of land on Dunn St.
City File: AM-2009-009 _ Pinewood Homes (Tara) Ltd.
Due to my health I have not been able to attend City Hall to review this application. However I have been approached by concerned
residents to review this applicaton. Their concern is as it has always been when apartment buildings have been requested for this
neighbourhood - density and traffic control.
Dunn St has been designated by the City as a main route (one of three) to the tourism/casino area when Niagara Falls did their
tra~c study for the Fallsview Casino and with the additional traffic from the approved parking area off Dunn St, we feel that the
traffic level has already acheived maximum level deemed by the Ciry's study as a safe level. An additional 58 residential units (1.5
cars per unit) would be excessive for this intersection. Especially when you consider that the proposed site plan shows2
entrance/exit access points from this site onto Dunn St straddling Ailanthus Ave making it a dangerous intersection for our currently
existing residents trying to access Dunn St from Ailanthus Ave. They should be restricted to 1 access to Dunn St,
I have no reservations regarding changing this site's zoning from Institutional to Residential. However ; since this is a vacant lot and
the owners wish to build to accomodate a residential zoning then their design should fit within the new zoning WITHOUT any site
specific modifications. If it doesn't fit without us changing the zoning bylaw then IT DOESN'T FIT!!! and they should be modifying
their plan rather than asking the City to modify it's zoning bylaw.
I am also very concerned with the density level this application will impose on this area. We have been begging the CIty for the past
15 years to put a cap on the denisty level for this area - and we thought they had done this. Has the City now changed it's mind
about protecting our neighbourhood?? The applicant is requesting a reduction of 3 square mtrs PER UNIT in the minimum area
required for the zoning they are requesting which puts the proposed density too high for what this zoning allows. My suggestion is
that they reduce the number of units to accomodate the zoning-not the other way around!
I am also concerned with the request to reduce greenspace - a topic which should be of great importance to our City for a
residential property on one of the main arteries to the tourism area .
Please, please, when you are reviewing this application keep in mind that this is not an existing building trying to be rezoned - it is a
new construction on a vacant lot and should be designed and buildt to accomodate our Citys zoning bylaws!!!!!!!!!!!!!!!!
Yours sincerely
Dawn Damiano
6682 Ailanthus Ave
905-374-0944
" 7/2(~/2009 D _
~
) ean lorfida Cavendish Manor 5782 Dunn St
. . P
g
From: Jennifer Manning
To: Dean Iorfida
Date: 7/20/2009 3:03 PM
Subject: Cavendish Manor - 5782 Dunn St.
~C. Cathy Crabbe; Lisa Hackner
Dean,
]anis Amos called concerning the proposal to build at 6 storey building next to Cavendish Manor. Because she is on holiday she was
unable to sign her letter approving of this construction and will send a signed hard copy tomorrow when she returns. She wanted
the Mayor and Clerks to know this letter is legitimate.
J
Jennifer Manning
Secretary
Office of the Mayor
City of Niagara Fails
Tel: 905-356-7521 x4205
Fax: 905-374-3557
~ P?anning
N'~~~M~ Scanned
( ~
~,f ~~i 1 File:
PUBLIC WORK5 DEPARTMENT
Development Services Division
2201 St, David's Road, P.O. $ox 1042
Thorold, ON L2V 4T7
Tel; 905-b85-1571
70l l-free: t -800-263-7215
Fax: 905-687-8056
www,niagararegion.ca
July 9, 2009 -
Files; D,10.04.OPA-01524
D. 98.04.ZA-04363
Mr. Rick WNson
F'lanner 2
City of Niagara Falls
4310 Queen Street, p.0. Box 1023
Niagara Fal(s, ON
L2E 6X5
Dear Mr. Wilson:
Re: Regional and Provincial Review Commerets
Official Plan Amendment & Zaning ByBaw Amendment (AM-200g_U04)
657U Frederica Street & City VYide pfficial ~'lan Amertdmerot to Remove
Market lmpacf Studaes
City of Niagara Fal6s
Regional Devel~pment Services staff has reviewed the information circulated for the
above noted Official Plan and Zoning ~y-law Amendment applications. There are two
OfFiciai Plan Amendments; one for the property at 657~ Frederica Street and one city-wide
amendment. The Zoning By1aw Amendment is specific to 6570 Frederica Str~et.
The 6570 Frederica Street Official Pian and Zoning Bylaw amendment{s) would
fedesignate and rezone portians of the subject property from the Open Space categaries
to Residential categories to facilitate the sale of Cify surplus lands. The city-wide Official
Pian Amendment proposes to remove Official Plan policies that require the subrnlssi~n of
retail market studies as part applications to amend the Official Plan. Regionaf staff offers
the following Provincial and Regional cQmments to assist the City in considering the
proposed applications.
6570 Frederica Street Official ~(an and Zanin B faw Ar~endment
The subject property is within the Urban Area Boundary for the City of Niagara Falls
according to the Regional Policy Plan. The Urban Area policles provide for a range of
industrial; commercial, and residential uses. The Provincial Policy Statement (PPS) and
Greater Gnlden Morseshoe Growth Plan contain polices that direct ~rowth to urban
areas and suppart Intensificatian in the urban area. Land use patterns within urban
areas shal! be based on densities and a mix of land uses that efficiently use land,
resources, infrastructure, and public senrice facilities which are planned or available, and
avoid the need for uneconomical expansion.
.
~ s ~
Buildrng Community. Burldrng Lives. !
PLAf~lNIN~^a
& DEV~LQPME~IT
A-~
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9 ~
Corporate Services Departmerot
Clerk's Division ~
0nter-Departrr~ent Mer~orandum N~agara~alls
c- n n~ ~a ~u
TO: His Worship Mayor Ted Salci DATE: July 20, 2009
& Members of Council
FROM: Dean Iorfida
City Clerk
Ext. 4271
9~E: ~ireworks fl~equest
Municipal By-law 70-86 is known as a by-law respecting the sale and setting off of fireworks in
the City of Niagara Falls.
The by-law states the following:
6. (1) No person shall within the City of Niagara Falls set off any firework on any day during the
year except (1) on Victoria Day and Dominion Day and the three days preceding each of
such days
and (2) on the 4th day of July.
(b) This section shall not apply to the setting off of
fireworks at a fi~eworks display for which a
permit has been issued in accordance with the provisions of this by-law.
7. No person shall sett o,
f'f any firework in any highway, street; alley, paNk oN other public place in
the Ciry of NiagaNa Falls unless specifically authorized to do so by City Council.
The attached request has been received to set off fireworks at a local chapel in conjunction with a
wedding anniversary.
Standard retail fireworks are being set off and Fire Prevention has provided the applicant with the
requirements for neighborhood fire works.
RECOIVrMENDATIOfV: For the approval of Council.
Working 7'ogether to Serve Our C'ommunity
C/erks • Finance • Human Resources • Information Systems • Legal • Planning & Development
The Clerk of the
Corporation of the City of
Niagara Falls
4310 Queen St
Niagara Falls, ON L2E 6X5
July 15, 2009
Mr. and Mrs. Handy
151 Oceanpearl Cres.
Whitby, ON L1N OC7
(289) 240-1995
ItE: An~licat~on for Permit to Discharge ~ireworlis
To; Mr. Dean Iorfida and Members of the City Council
This is our formal application in accordance to the guidelines set forth in the By-laws of Niagara
Falls, Ontario on how to request and ask for permission to display fireworks.
My husband, Asher Handy and myself, Dawn Handy are celebrating our 5 year wedding
anniversary this August, 2009. We have made arrangements to celebrate in an intimate renewal
of vows at "The White Wedding Chapel at the Inn", on August 02, 2009.
This will be a special day for us and we would like your permission to discharge a small display
of fireworks to make our day extra special. My husband, Asher Handy will be in charge of the
fireworks display. His address is at the top of the page and he has previously discharged
fireworks at our home safely and will "take every reasonable precaution for the
safety of persons and property" in which the fireworks will be displayed.
The fireworks will be displayed after the renewal on the grounds of the Chapel, some time
between 12:30 and 1:30 pm. We have obtained pertnission from the Peninsula Resort, as the
Ghapel is a part of their services and on their grounds. They have stated that "they give
permission as long as we obtain a permit." The person to contact at the location is Jessica for
verification, if necessary. ~
My husband and I hope that we have given all the pertinent information and if there are any
additional requirements, please feel free to contact us. Thank you for your consideration towards
this matter.
Looking forward to hearing from you!
Dawn Handy
C~TY OF N~AGAhtA FAL~S
~3y-law No. 2009 -
A by-law to authorize the execution of a Best Efforts Agreement with Andrezj Kepinski, on behalf
of a corporation to be incorporated, respecting the City's efforts to determine whether or not certain
City owned lands upon which are located the City's transit operations, are surplus to the
requirements of the City.
'I'HE COUNCIL OF"~'~IE CORP012A'~'~ON O~'~'~E C'~~'X O~ N~AGAg2A FA~,]LS ENAC'~'S
AS FOI,~,OWS:
1. A Best Efforts Agreement made between Andrezj Kepinslci, on behalf of a corporation to be
incorporated and without personal liability, as Purchaser and The Corporation of the City of
Niagara Falls as City, respecting the City's best efforts in determining whether or not certain
City owned lands upon which are located the City's transit operations, are surplus to the
requirements of the City, and subsequent to such determination, may be conveyed to the
Purchaser for the purpose of the construction and operation of a theatre complex, as attached
hereto, is hereby approved and authorized.
2. The Mayor and Clerk are hereby authorized to execute the said Best Efforts Agreement.
3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Best
Efforts Agreement.
Passed this twentieth day of July, 2009.
DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR
First Reading: July 20, 2009
Second Reading: July 20, 2009
Third Reading: July 20, 2009
T~IIS ~~ST EFFORTS AGREEM~N'I' made this day of 2009.
~
B~T~VEEN:
ANI)12Z~J ~P~NSK~, on behalf
of a corporation to be incorporated
and without personal liability
Hereinafter referred to as the "Purchaser"
OF THE FIRST PART;
-and- ~
7'I~E CORPOY2A'~'~ON OF T~E
C~~'~' OF NyAGARA ~'A~.~,S
Hereinafter referred to as the "City"
OF THE SECOND PART.
~CYT'AI,S
WI3E12EAS the Purchaser desires to purchase certain lands that are owned by the City (hereinafter
referred as the "Lands") for the purpose of constructing and operating a theatre complex and related
parking;
ANYD WgI~~AS the laws of Ontario require that the City declare the Lands to be surplus to the
requirements of the City before they can be conveyed;
AND WHE~2EAS the Lands have not yet been declared surplus to the requirements of the City;
ANI) WHEIZEAS a major part of the City's transit operations (the "Transit Facility") are located
upon the Lands;
ANI9 W~-IEREAS the City currently has no plans to relocate the City's transit operations, nor has
it budgeted to relocate these operations;
ANgD W~~~~AS the City cannot declare the Lands surplus to the requirements of the City until
a viable plan is in place to accommodate the continuation of its transit operations;
AND WHEItEAS an operational municipal parking lot (hereinafter referred to as the "Parking Lot")
is also located upon the Lands;
-3-
(b) examining and analysing possible sites for establishing a new Transit Facility;
(c) considering all reasonable and practical options for possible sharing of facilities;
(d) determining the need for and viability of the Parking Lot;
(e) exarnining and analysing possible alternatives far diverting or relocating the cars
parking on the Parking I,ot;
( fl considering all reasonable and practical options for such a relocation; and
(g) preparing regular Reports to the Council of the City about the progress being made
in this effort.
1.6 The Purchaser will make best efforts to determine the economic viability of estaUlishing and
- operating a theatre complex and related parking upon the Lands within the one year period
of the date of the execution of this agreement provided that as long as the City is satisfied
that the Purchaser is using its best efforts during the one year period, the City shall not sell
or otherwise dispose of the Lands to any other party during the said one year period.
1.7 In order to determine economic viability as described in section 1.6 and carrying out the
inspections and investigations described in section 6.1, the Purchaser shall be pennitted, with
all necessary manpower and equipment, to enter upon and in the Lands, at mutually agreed
upon times, to carry out the said studies, inspections and investigations as may be necessary
in the view of the Purchaser. Without limiting the generality of the foregoing, said studies,
inspections and investigations may include drilling and soil testing to ensure that the Lands
are not contaminated and that the soils are suitable for the buildings and uses proposed and
that any existing infrastructure under the Lands will have no deleterious impact on the
proposed development of the Lands by the Purchaser.
1.8 In the event that, and only in the event that, the Council of the City declares the Lands to be
surplus to the requireinents of the City, the Purchaser shall have the right to purchase the
lands in accordance with the terms set out in the Offer to Purchase set below in sections 2
through 23 to this agreement by notifying the City, in writing, that it wishes to do do.
1.9 In the event that, and only in the event that, the Council of the City declares the Lands to be
surplus to the requirements of the City, City staff will process an application to amend the
zoning of the Lands to restrict the permitted use of the lands to that of a theatre complex and
related parking as required by the Purchaser's intended land use.
1.10 The Purchaser acknowledges and agrees that prior to the City accepting the Offer to Purchase
the Lands, the City must have in place:
-5-
(e) the Purchaser is going to establish a theatre complex with related parking on the
Property and agrees that the use of the lands shall be restricted to that of a theatre
complex with related parking.
112 The recitals to this agreement are acknowledged to be true and to form a part of this
agreement.
L13 The following paragraphs of this agreement set out the tenns upon which the Lands will be
transferred in the event that, and only in the event that, the Council of the City determines,
in its sole and unfettered discretion that the Lands are surplus to the needs of the City and
that it is in the public interest that the Lands be re-zoned to restrict their pennitted use to that
of a theatre complex with related parking.
2. O~'~ElZ TO IP~JRC~IASE
2.1 The Purchaser hereby offers to purchase froin the City and, if accepted by the City pursuant
to the terms hereof, the City agrees to sell to the Purchaser, all and singular that certain parcel
or tract of land and premises illustrated in Schedule "A" attached.
3. P~2ICE
3.1 The purchase price for the Property (herein called the "Purchase Price") shall be $200,000.00
times the number of acres of the Property in lawful money of Canada.
3.2 $60,000.00 shall be paid by certified cheque to the City upon this offer being made by the
Purchaser, to be held by it as a deposit pending completion or termination of this Agreement
(herein called the "Deposit") and shall be credited on account of the Purchase Price on
completion.
3.3 Subject to section 6.2, if the Purchaser fails to complete this transaction on the Closing date,
the Deposit shall be forfeited to the City as liquidated damages, in addition to any other right
or remedy to which the City may be entitled hereunder.
4. GOODS & SE~2VICES TAX
4.1 The Purchase Price does not include Goods and Services Tax ("GST") and, if this transaction
is subject to GST, then applicable GST shall be in addition to the Purchase Price. All GST
shall be collected and remitted as required by law. The Purchaser shall provide the City with
the Purchaser's GST registration number, and evidence satisfactory to the City that such
registration is in good standing and has not been varied or revoked. The City agrees to
cooperate with the Purchaser by making those elections and doing those reasonable things
which will enable the Purchaser to satisfy the relevant requirements pertaining to GST and
to minimize the effect of the GST on the Purchaser provided that in doing so, the City does
(b) advised the Purchaser's solicitor, in writing, that the City is ready, willing and avle
to complete the transaction in accordance with the terms and provisions of this
Agreement; and
(c) has completed all necessary steps under the electronic registration regime to complete
this transaction that can be performed or undertakeri by the City's solicitor without
the cooperation orparticipation ofthe Purchaser's solicitor, and specificallywhen tlie
"completeness signato~y" for the Transfer/Deed has been electronically "signed" by
the City's solicitor;
without the necessity of personally attending upon the Purchaser or the Purchaser's solicitor
with the Non-Registered Deliveries and without any requirement to have an independent
witness evidence the foregoing.
5.5 The Transfer/Deed shall, save for the Land Transfer Tax Affidavits, be prepared in
registrable form in accordance with this Agreement, at the expense of the City, in accordance
with a plan of survey or reference plan of the City. If the City does not have such a plan of
survey or reference pla~1, the Purchaser shall have a plan of survey or reference plan prepared
satisfactory to the City at the Purchaser's expense.
6. '~'~"~"LE
6.1 The Purchaser acknowledges that it has relied entirely upon its own inspections and
investigations and that the Property is being conveyed to the Purchaser on an"as is, where
is" basis, as it exists on the Closing Date, without regard for, without limitation, its state of
repair, defects in workmanship and location of structures and subject to, without limitation,
all easements, rights-of-way, rights of re-entry, by-laws, agreements, covenants which run
with the land and all restrictions or orders affecting or regarding its condition or use.
6.2 This Agreement is conditional on the title to the Property being good and free from all
encumbrances, except as provided in section 6.1. above. The Purchaser shall be allowed 30
days from the date of acceptance of the Agreement ("Requisition Date") to examine title to
the Property at its own expense. If prior to the Requisition Date any valid objection to title
is made in writing to the City and which the City by this Agreement is required and unable
or unwilling to remove, remedy or satisfy and which the Purchaser will not waive, this
Agreement notwithstanding any intermediate acts or negotiations in respect of such
objections, shall be at an end and the Deposit paid shall be returiied without interest or
deduction and the City shall not be liable for any costs or damages. Save as to any valid
objection which the City is required by this Agreement to satisfy so made by such day and
except for any valid objection going to the root of title to the Property, the Purchaser shall
be conclusively deemed to have accepted the City's title to the Property.
~
-9-
(a) that the City makes no representation, warranty or condition, either express or
implied, as to, without limitation, soil conditions, utility s~ervices to the Property,
fitness for purpose, or zoning and building by-laws. The Property is being sold "as
is" with the Purchaser being responsible to prepare the Property for the Purchaser's
purposes including, without limiting the generality of the foregoing, the removal of
sidewalks, pavement, granular• materials and fences, if any. The Purchaser shall
inspect the Property and shall satisfy itself in respect of such matters prior to
submitting this Agreement to the City;
(b) in particular, without in any way limiting the effect of paragraph 13.1 (a) above, the
Purchaser acknowledges and agrees that any demolition of any building currently
located n the lands will be entirely at the risk and expense of the purchaser;
(c) to accept title to tlie Property subject to all existing registered easements, all existing
works of any utility and the easements required in this Agreement;
(d) that it shall after Closing, assume all financial responsibility for the costs of
developing the Property and for tlie costs of obtaining all necessary services and
approvals. No representation at all is made by the City on the willingness of any
existing or proposed utility to relocate or otherwise accommodate the Purchaser's
intended or proposed use. The Purchaser shall be responsible for installing, at its
expense, a fence between the Property and any adjacent land;
(e) that it shall assume, without limitation, any and all taxes, local improvements, water
and sewer rates and charges applicable to and in respect of the Property from and
after the Closing;
not use the Lands for any puipose other than a theatre complex with related parking;
(g) to the registration of a restrictive covenant upon the title to the Lands restricting the
permitted use of the Lands to that of a theatre complex with related parking; and
(h) not oppose the re-zoning of the Lands to restrict its permitted use to that of a theatre
complex with related parking.
14. NON-RESIIDEN~' S'g'A'I"ITS
fl4.1 The City represents and warrants that it is not now nor will be on the Closing Date a non-
resident of Canada as defined in the Income Tax Act. The Purchaser represents and warrants
that it is now and will not be on the Closing Date a non-resident as defined in the Land
Transfer Tax Act.
-11-
delivery, and any notice by registered mail shall be deerned to have been given on the 3'd ~
business day following the date of mailing.
18. 'Y'I1VgE OF ~'H~ ~SSENC~
18.1 Time shall in all respects be of the essence hereof provided that the time for doing or
completing of any matter provided for herein may be extended or abridged by an agreement
in writing signed by the City and the Purchaser or by their respective solicitors who are
hereby expressly appointed in this regard. Any tender of documents or money hereunder
may be made upon the City or the Purchaser or their respective solicitors on the day for
completion of this Agreement. Money may be tendered by bank draft or cheque certified by
a chartered banlc or trust company, and in the case of payment by the City, if any, by means
of the City's uncertified cheque.
19. ASSgGNNiENT
19.1 Except to the company to be incorporated by the Purchaser, this Agreement cannot be
assigned by the Purchaser without the consent of the City, which can be unreasonably
withheld.
20. BRO~fl2AGE
20.1 The Purchaser covenants with the City that no brokerage fees or cominissions are due or
payable in respect to the transactions completed by this Agreement.
21. NON-REG~S'd'I2A'I'ION OF AGflZEElVgENB'
2L1 The parties agree that this Agreement shall not be registered against the title to the Property.
22. BYN~~NG AG~2EEll~EN'~'
22.1 By accepting this Agreement, the City and the Purchaser indicate their willingness to be
bound by all of its terms. This Agreement shall then become a binding contract between the
parties.
22.2 This Agreement contains the entire agreement between the City and the Purchaser, and tllere
are no other ter~rns, conditions, promises, understandings, statements or representations,
express or implied, concerning the transaction contemplated hereunder. This instrument
shall enure to the benefit of and bind the parties hereto, their respective heirs, executors,
personal representatives, successors and assigns, as the case inay be. The headings to the
paragraphs hereof are for convenience of reference only. This Agreement shall be governed
by the laws of the Province in which the Property is located. If any provision of this
-13-
26. I)ATE O~ EXECi1TION O]F AG1ZE~IVIEN~Y'
26.1 The date of execution of this agreement shall be July 20, 2009.
IN W~'~'NESS WHEREOF, this instrument has been duly executed by the Purchaser on
, 2009.
Witness:
Name: Andrzej Kepinski
TI~E COp2PORA'I'YON O~ 'T~-IE CI'g'Y
OF NIAGARA FA~,~..5
Per:
R. 'I'. ('~'ed) Sa1ci,lVIayor
~ean Iorfida, City Clerk
We have authority ~o bincl the Coa-poration
,
4'
CI7CY O~ N~AGA~tA ~'A~,~,S
~en~ag ~y-B~vv No. 2009-
A By-law with respect to development charges.
WHEREAS the City of Niagara Falls will experience growth through development and
redevelopment;
AND WHEREAS development and redevelopment requires the provision of physical and social
services by the City;
AND WHEREAS Council desires to ensure that the capital costs of ineeting development related
demands on municipal services does not place a financial burden on the City or its existing
taxpayers, while at the same time ensuring new development contributes no more than the net capital
cost attributable to providing the historical level of municipal services, less benefit to existing
development and other statutory deductions;
AND WHEREAS the Development Charges Act, 1997 permits Council to pass a by-law for the
imposition of development charges against land to pay for increased capital costs required because
of increase needs for services arising from development of the area to which the by-law applies, and
any one or more of the actions set out in subsection 2(2) of the Development Charges Act, 1997 are
required for such development;
AND WHEREAS Council had before it a report entitled the "City of Niagara Falls Development
Charge Background Study" (the "Study") submitted by Watson & Associates Economists Ltd., dated
June 12, 2009;
AND WHEREAS Council has reviewed the Study and has considered the comments of the public
at a public meeting duly called on June 29, 2009 to consider the enactment of a by-law under the
Development Charges Act, 1997; '
AND WHEREAS the proposed by-law for the impositian of development charges against land has
changed following the public meeting, and Council has determined that no further public meeting
is necessary.
AND WHEREAS the Council of the Corporation of the City of Niagara Falls has heard from all
persons who applied to be heard no matter whether in objection to, or in support of, the development
charge policies proposed in the study at the public meeting held on June 29, 2009.
Page 1 of 29
(c) to acquire, lease, construct or improve buildings and structures;
(d) to acquire, lease, construct or improve facilities including,
(i) rolling stock with an estimated useful life of seven years or more;
(ii) furniture and equipment, other than computer equipment;
(iii) materials acquired for circulation, reference or information purposes
by a library board as defined in the Public Libraries Act, R.S.O. l 990,
c.P.44, as amended;
D
(e) to undertake studies in connection with any of the matters in subparagraphs
(a) to (d) required for the provision of services designated in a development
charge by-law within or outside the municipality, including interest on money
borrowed to pay for costs described in the said subparagraphs; and
( fl for the development charge background study required under section 10 of
the Development Charges Act, 1997;
(6) "core tourist area" means the entire area identified as Core Tourist Area in schedule
`F' to this by-law;
(7) "City" means The Corporation of the City of Niagara Falls;
(8) "Council" means the Council of The Corporation of the City of Niagara Falls;
(9) "development" includes re-development;
(10) "granny flat" means a one-unit detached, temporary residential structure, containing
culinary and sanitary facilities that is ancillary to an existing residential structure and
that is designed to be temporary;
(11) "local board" means a local board as defined in section 1 of the Municipal Affairs
Act, R.S.O. 1990, c. M.46, as amended, other than a board as defined in subsection
1(1) of the Education Act;
(12) "local services" means those services, facilities or things which are related to a plan
of subdivision, are within the area to which the plan relates, or are installed or paid
for by the owner as a condition of approval under section 53 of the Planning Act,
R.S.O. 1990, c.P. ] 3, as amended;
Page 3 of 29
~A~'Y' fl
AP~I.ICA~'I~N
2. (1) This by-law applies to all lands in the City of Niagara Falls, whether or not the land
or use thereof is exempt from taxation under section 3 of the Assessment Act.
(2) Notwithstanding subsection 2(1), this by-law does not apply to the development of
land that is owned by and used for the purposes o£
(a) a board of education;
(b) the City, or any local board thereof;
(c) the Regional Municipality of Niagara, or any local board thereof, and
(d) the surrounding area municipalities, or any local board thereof.
3. (1) Subject to subsection 3(2), development charges shall apply and shall be calculated
and collected in accordance with the provisions of this by-law on land to be
developed for residential and non-residential uses, as herein defined, or any
combination thereof, where the development requires:
(a) the passing of a zoning by-law or of any amendment thereto under section 34
of the Planning Act;
(b) the approval of a minor variance under section 45 of the Planning Act;
(c) a conveyance of land to which a by-law passed under subsection 50(7) of the
Planning Act applies;
(d) the approval of a plan of subdivision under section 51 of the Planning Act;
(e) a consent under section 53 of the Planning Act;
( fl the approval of a description under section 50 of the Condominium Act, 1998,
S.O. 1998, c.19, as amended; or
(g) the issuing of a permit under the Building Code Act, 1992, S.O. 1992, c.23,
as amended, in relation to a building or structure.
Page 5 of 29
~AR'g' g~
R~S~~EIV'~'~A~, ~IEVE~,O~M[~N'g' C~AIE~G~S
5. In this part:
(1) "apartment" means a building consisting of one or more dwellings which is not a
single detached dwelling, a semi-detached dwelling or a townhouse dwelling as
defined herein;
(2) "development" includes re-development;
(3) "development charge" means residential development charge;
(4) "dwelling" means any part of a building or structure used or capable of being used
as the residence of one or more persons, but does not include a hotel, motel or other
commercial establishment;
(5) "dwelling unit" means a room or suite of two or more rooms designed or intended
for use by an individual or by one family only as an independent and separate
housekeeping establishment, and in which separate cooking and sanitary facilities are
provided for the exclusive us of such occupants;
(6) "Region" means Regional Municipality of Niagara;
(7) "residential use" means single detached dwelling, semi-detached dwelling,
townhouse dwelling and apartment as herein befined;
(8) "semi-detached dwelling" means a residential building divided vertically or
horizontally into two separate dwelling units;
(9) "single detached dwelling" means the whole of separate building which contains not
more than one dwelling unit;
(10) "townhouse dwelling: means a building containing three or more separate dwelling
units having a common wall between each two adjacent dwelling units each of which
has an independent entrance, and includes any other residential building having not
more than 8 dwelling units.
6. The urban area charge and non-urban area charge as set out in section 7, is applicable to
those specific areas identified in Schedule `B' of the by-law.
7. (1) Subject to the provisions of this part and this by-law, development charges against
land to be developed for residential use shall be calculated and collected at the
following rates:
Page 7 of 29
(3) Notwithstanding subsection 7(1), a 75%residential development charge exemption
shall be ganted for development of the type defined in paragraph 7(3)(a), and located
within the area defined in paragraph 7(3)(b), and subject to such development
meeting all of the conditions set out in paragaph 7(3)(c).
(a) addition of residential units to existing residential, non-residential or mixed
use buildings; and/or residential conversion of existing non-residential and
mixed use buildings that creates additional residential units; and/or new
residential developments on vacant lots/lots; and/or redevelopment of mixed
use buildings that creates additional residential units.
(b) The Downtown Niagara Falls Community Improvement Project Area as
outlined in Schedule "D" or the Historic Drummondville Community
Improvement Project Area, as outlined in Schedule "E".
(c) 1) Based on the decision of the Treasurer, the property taxes for the
property on which the development is located, are in good standing
at the time of the application; and
2) Based on the decision of the Director of Planning and Development,
the existing and proposed land uses for the development, are in
conformity with applicable Official Plans, zoning by-law and other
planning requirements at both the local and Regional level; and
3) Based on the decision of the Chief Building Official, all
improvements relating to the development are to be made pursuant to
a building permit and constructed in accordance with the Ontario
Building Code and all applicable zoning requirements and planning
approvals; and
4) Based on the decision of the Chief Building Official, outstanding
work orders and/or orders or reyuests to comply ftom the City have
been satisfactorily addressed prior to the City granting the
development charge exemption; and, in addition,
5) The Director of Planning and Development, may require the applicant
to submit for approval, professional design/ architectural drawings in
conformity with any municipality-issued urban design guidelines, as
well as traffic impact studies or studies of microclimatic conditions
(e.g. sun, shadow, wind) and such requirements must be met prior to
the City granting the development charge exemption.
Page 9 of 29
(c) The Brownfields Community Improvement Project Area is the area
designated as Urban Area in the City of Niagara Falls Official Plan, as
amended from time to time.
(d) 1) All properties considered eligible for the Brownsfields Development
Charge Exemption Program must have an approved Rehabilitation
Grant Program Application and Agreement in place and must have a
Record of Site Condition (RSC) filed in the Environmental Site
Registry for the proposed use with said RSC acknowledged by the
Ministry of Environment; and
2) Based on the decision of the Director of Planning and Development,
the existing and proposed land uses for the development, are in
conformity with applicable Official Plans, zoning by-law and other
planning requirements at both the local and Regional level; and
3) Based on the decision of the Chief Building Official, all
improvements relating to the development are to be made pursuant to
a building permit and constructed in accordance with the Ontario
Building Code and all applicable zoning requirements and planning
approvals.
4) Based on the decision of the Chief Building Official, outstanding
work orders and/or orders or requests to comply from the City have
been satisfactorily addressed prior to the City granting the
development charge exemption; and, in addition,
5) The Director of Planning and Development, may require the applicant
to submit for approval, professional design/architectural drawings in
conformity with any municipality-issued urban design guidelines, as
well as traffic impact studies or studies of microclimatic conditions
(e.g. sun, shadow, wind and such requirements must be met prior to
the City granting the development charge exemption.
(e) Development which, based on the decision of the Director of Planning and
Development, includes three or more of the following features:
1) "intensification of an existing use," meaning redevelopment or
building addition so as to add floor area and/or a residential unit or
units.
2) "Creation of mixed uses," meaning redevelopment, addition or
conversion so as to add a new compatible use or uses to a building or
Page 11 of 29
(2) Notwithstanding subparagaph 8(1)(a), development charges shall be calculated and
collected in accordance with subsection 7(1) where the total gross floor area of the
additional one or two units exceeds the total gross floor area of the existing dwelling
unit.
(3) Notwithstanding subparagraph 8(1)(b), development charges shall be calculated and
collected in accordance with subsection 7(1) where the additional unit has a gross
floor area greater than,
(a) in the case of a semi-detached or townhouse dwelling, the gross floor area of
the dwelling unit already in the building, and,
(b) in the case of any other residential building, the gross floor area of the
smallest dwelling unit already in the residential building.
~AR'g' ~g~
IVON-gZES~D~N'~'~A~, ~D~V~~O~1VgEN'g' C~IA~tG~S
9. In this part:
(1) "non-residential use" means those uses designated as "non-residential uses" in
Schedule `C' to this by-law;
(2) "development: includes re-development
(3) "development charge" means non-residential development charge;
(4) "gross floor area" means the total of all floors, above and below grade in a building,
measured between the outside surfaces of exterior walls or the centre line of firewalls
or party walls. Where there is no exterior wall on any storey or floor, the gross floor
area shall be the greatest horizontal area on that storey or floor. There shall be no
deduction from the calculation of gross floor area for exits, vertical service spaces,
stairs, elevators, shafts and ducts.
10. The urban area charge and non-urban area charge, as set out in section 11, is applicable to
these specific areas identified in Schedule `B' of this by-law.
11. (1) Subject to the provisions of this part and this by-law, development charges against
land to be developed for no residential use shall be calculated and collected at the
following base rates:
Page 13 of 29
(3) Notwithstanding subsection 11(1), a 75% non-residential development charge
exemption shall be granted for development of the type defined in paragraph
11(3)(a), located with the area defined in paragraph 11(3)(b), subject to meeting the
conditions set out in paragaph 11(3)(c).
(a) New non-residential development occurring on vacant lots, including parking
lots; and/or conversion ofresidential space to non-residential space and/or the
redevelopment ofmixed use buildings that creates additional non-residential
space.
(b) The Downtown Niagara Falls Community Improvement Project Area as
outlined in Schedule `D' or the Historic Drummondville Community
Improvement Project Area, as outlined in Schedule `E'.
(c) 1) Based on the decidion of the Treasurer, the proprety taxes for the
proeprty on which the development is located, are in good standing
at the time of the application; and
2) Based on the decision f the Director of Planning and Development,
the existing and proposed land uses for the development, are in
conformity with applicable Official Plans, zoning by-law and other
planning requirements at both the local and Regional level; and
3) Based on the decision of the Chief Building Official, all
improvements relating to the development are to be made pursuant to
building permit application and constructed in accordance with the
Ontario Building Code and all applicable zoning requirements and
planning approvals; and
4) Based on the decision of the Chief Building Official, outstanding
work orders and/or orders or request to comply from the City have
been satisfactorily addressed prior to the City granting the
development charge exemption; and, in addition,
5) The Director of Planning and Development, may require the applicant
to submit for approval, professional design/architectural drawings in
conformity with any municipality-issued urban design guidelines, as
well as traffic impact studies or studies of microclimatic conditions
(e.g. sun, shadow, wind) and such requirements must be met prior to
the City granting the development charge exemption.
(4) Notwithstanding subsection 11(1), a non-residential development charge exemption
of up to 75% of the amount otherwise payable is calculated in accordance with
Page 15 of 29
(d) 1) all properties considered eligible for the Brownfields Development
Charge Exemption Program must have an approved Rehabiliitation
Grant Program Application and Agreement in place and must have a
Record of Site Condition (RSC) filed in the Environmental Site
Registry for the proposed use with said RSC acknowledged by the
Ministry of Environment; and
2) Based on the decision of the Director of Planning and Development,
the existing and proposed land uses for the development, are in
conformity with applicable Officia] Plans, zoning by-law and other
planning requirements at both the local and Regional level; and
3) Based on the decision of the Chief Building Official, all
improvements relating to the development are to be made pursuant to
a building permit and constructed in accordance with the Ontario
Building Code and all applicable zoning requirements and planning
approvals; and
4) Based on the decision of the Chief Building Official, outstanding
work orders and/or orders or requests to comply from the City have
been satisfactorily addressed prior to the City granting the
development charge exemption; and, in addition,
5) The Director of Planning and Development, may require the applicant
to submit for approval, professional design/architectural drawings in
conformity with any municipally-issued urban design guidelines, as
well as traffic impact studies or studies of microclimatic conditions
(e.g. sun, shadow, wind) and such requirements must be met prior to
the City granting the development charge exemption.
(e) Development which, based on the decision of the Director of Planning and
Development, includes three or more of the following features:
1) "intensification of an existing use," meaning redevelopment or
building addition so as to add floor area and/or a residential unit or
units.
2) "Creation of mixed uses," meaning redevelopment, addition or
conversion so as to add a new compatible use or uses to a building or
property. "Creation of mixed uses" also means new development that
proposes a mixed use building or a mix of uses on the site.
3) "Contribution towards the creation of a walkable neighbourhood
Page 17 of 29
(a) in the case of residential building or the residential portion of a
mixed-use building or structure, an amount calculated by multiplying
the applicable development charges under section 7 of this by-law by
the number of dwelling units, according to type, that have been
demolished or converted to another principle use; and
(b) in case of non-residential building or the non-residential portion of a
mixed-use building or structure, an amount calculated by multiplying
the applicable non-residential development charges under section 11
of this by-law by the non-residential gross floor area that has been
demolished or converted to another principal use;
provided that a building permit has been issued within five (5) years
following the date the demolition permit is issued, and provided that such
amounts shall not exceed in total the amount of the development charges
otherwise payable with respect to the redevelopment.
13. (1) Development charges shall e calculated and payable in the following manner:
(a) If the development will not be the subject of a servicing agreement or
an agreement under section 51 or 53 of the Planning Act, then the
whole of the development charge imposed hereunder shall be
calculated and paid in full on the date a building permit under
Building Code Act, 1992 is issued in respect of the building or
structure for the use to which the development charge hereunder
applies;
(b) If the development will be the subject of a servicing agreement or an
agreement under section 51 or 53 of the Planning Act, then:
(i) that portion of the development charge imposed hereunder
with respect to urban services shall be calculated and paid on
the date the servicing agreement or agreement under section
51 or 53 of the Planning Act is executed; and
(ii) that portion of the development charge imposed hereunder
with respect to services other than the urban services shall be
calculated and paid on the date a building permit under the
Buildzng Code Act, 1992 is issued in respect of the building
or structure for the use to which the development charge
hereunder applies;
Page 19 of 29
18. A certified copy of this by-law may be registered against such lands in the City as Council
be resolution from time to time may direct.
19. This by-law shall be administered by the Chief Building Official, who shall be responsible
for the interpretation and calculation of the appropriate charges.
20. (1) The City's Director of Finance shall create a reserve fund separate from the other
reserve funds of the municipality, shall deposit the development charges paid under
this by-law int o the appropriate account of the reserve fund created by subsection
20(2), and shall pay from the appropriate account any amounts necessary to defray
the net capital cost of the services.
(2) The Director of Finance shall divide the reserve fund created hereunder into separate
sub-accounts to which development charge payments and interest eared thereon shall
be credited in accordance with the amounts shown in sections 7 and 11.
(3 ) The amounts contained in the reserve fund established under subsection 20(1) shall
be invested and any income received from such investment shall be credited to the
accounts in the said reserve fund in the proportions determined be the balances in the
accounts referenced in subsection 20(2), as of December 31 S' of the previous year.
21. The Director of Finance shall in each year on or before April 30`'' furnish to Council a
statement in respect of the reserve fund accounts for the prior fiscal year established
hereunder containing the information required under the regulation.
22. (1) If this by-law is amended or repealed by Council or the Ontario Municipal Board, the
Director of Finance shall determine, within 30 days of the amendment or repeal,
whether any owner has overpaid in respect of the development charge payable
hereunder immediately prior to the repeal or amendment of this by-law and if such
an overpayment has been made the Director of Finance shall calculate the amount of
such overpayment.
(2) Any overpayment determined under subsection 22(1) shall paid to the person who
made the payment at his or her last known address within 30 days of the date of the
repeal or amendment of this by-law.
(3) If the owner cannot be found or his or her last address is unknown then the repayment
obligation under subsection 22(2) is at an end.
(4) The refund payable under subsection 22(2), shall be paid, with interest calculated
from the date upon which the overpayment was collected to the date on which the
refund is made. Such interest shall be paid at the Bank of Canada rate in effect from
time to time from date of enhancement of this by-law as adjusted in subsection 22(5).
Page 21 of 29
SC~~I)U]LE `A'
'TO ~Y-]LAW 1V~J1Vg~~~ 2009-
665~'~'lll V Il1.~~799
a) General Government (Development-related Studies)
b) Roads and Related
c) Sidewalks
d) Transit
e) Parks and Recreation
fl Library
g) Water
h) Sanitary Sewer
i) Storm Water Management
SCY~~~D~.1~,E `C'
'g'O ~X-ILAVV N~J1VI~~R 2009-
"N~1V-~~Sg~EN'g'gAY~ LTSES"
1. Assembly Hall, Exhibition Establishment or Convention Centre
2. Art Gallery
3. Auctioneering Establishment
4. Bake Shop
5. Bank or Financial Institution or Office, Currency Exchange Establishment
6. Casino or Gaming Establishment
Day Care Establishment or Child Care Facility
8. Do-it yourself Brewery or Winery
9. Drive-in or Drive -through Facility or Establishment
10. Dry Cleaning Establishment or Laundromat
11. Health and Fitness Centre or Establishment
12. Hospital, Health Care Facility, Clinic, Nursing Home or Retirement Home
13. Hotel, Motel, Tourist Home, Hostel or Camping Establishment
14. Office or Office Building
15. Personal Service Shop or Establishment
16. Place of Recreation, Arena, Grandstand or Sport Facility
17. Place of Worship or Religious Institution or Facility
18. Printing Shop
19. Private Club
20. Private School or Institution
21. Restaurant, Cafe, Tavern, Bar Eating and Drinking Establishment or Licensed Premises
22. Retail Store or Establishment, Showroom or Storage Area
23. Self-service Establishment
24. Service Store or Establishment
25. Sightseeing Tours Establishment or Tourist Information Centre
26. Studio
27. Theatre, Cinema or Place of Entertainment
28. Undertaking Premises, Mausoleum or Funeral Home
29. Vehicle Sales, Display, Rental, Wash, Service, Fuelling or Repair Establishment
30. Veterinary Establishment or Animal Hospital
,
e
SCHEDIJLE "E" TO ~Y-LA11V NO 200g-
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