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2012/09/25
Niag araFalls COUNCIL MEETING September 25, 2012 PRAYER: Councillor Thomson ADOPTION OF MINUTES: Council Minutes of September 11, 2012 DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. PRESENTATIONS/ DEPUTATIONS Age - Friendly Community Initiative Doug Rapelje, Niagara Age - Friendly Community Initiative Management Committee and Virginia Stewart, Community Coordinator, will speak to Council about the Region's Age - Friendly Community Initiative. CAn Michelle Marcotte, Community Artists Niagara, will speak to Council regarding the organization's lack of gallery space. PLANNING MATTERS Public Meeting Official Plan Amendment No. 99 Garner South Secondary Plan Background Material: Recommendation Report: PD- 2012 -56 -AND- Correspondence from Robert J. Miller Correspondence from Dave Pitblado, Paletta International - 2 - Public Meeting AM- 2012 -007, Zoning Bylaw Amendment Application 7549 Kalar Road Applicant: 2124484 Ontario Ltd. ( Bob O'Dell) Agent: Jennifer Vida, Upper Canada Consulting Proposed Apartment Buildings Background Material: Recommendation Report: PD- 2012 -55 Public Meeting Proposed Telecommunication Facility, 7750 Netherby Road, Applicant: SBA Canada for Wind Mobile Background Material: Recommendation Report: PD- 2012 -57 REPORTS 1 CD- 2012 -09 - Buskers MAYOR'S REPORTS, ANNOUNCEMENTS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Fire Prevention Week - A request that October 7 - October 13, 2012 be proclaimed as " Fire Prevention Week" and October 13 2012 be proclaimed as " Fire Service Recognition Week ". RECOMMENDATION: For the Approval of Council. 2. CUPE Ontario - Requesting that October 24, 2012 be proclaimed as " Child Care Worker & Early Childhood Educator Appreciation Day" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council. -3- 3. Niagara Falls Public Library - Requesting that October 14 -20, 2012 be proclaimed as "Ontario Public Library Week ". RECOMMENDATION: For the Approval of Council. 4. Ontario Multifaith Council - Requesting that October 14 -20, 2012 be proclaimed as "Spiritual & Religious Care Awareness Week ". RECOMMENDATION: For the Approval of Council. 5. City Clerk - memo regarding Cogeco availability for budget meetings. RECOMMENDATION: For the Consideration of Council. Additional Items for Council Consideration: The City Clerk will advise of any items for Council consideration. 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. BS- 2012 -03 - HVAC and Building Envelope Improvements F- 2012 -44 - Monthly Tax Receivables Report TS- 2012 -31 - Ethel Street at Sherri Avenue /Andrea Drive Intersection Control Review TS- 2012 -32 - Victoria Avenue at Bender Street Removal of No Right Turn on Red Restriction TS- 2012 -34 - Brown Road & Kalar Road - Speed Limit Review TS- 2012 -35 - Front Street - Parking Review - 4 - BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2012 -93 A by -law to provide for the adoption of Amendment No. 99 to the City of Niagara Falls Official Plan. (OPA No. 99) 2012 -94 A by -law to authorize the execution of an Agreement with Dr. Ken Abrahim dated September 7, 2012, respecting the physician's commitment to practice medicine in the City. 2012 -95 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Heavy Vehicle Restriction). 2012 -96 A by -law to authorize the execution of an Adopt -a -Park agreement with Mirha and Kareem Mostic for Coronation Park. 2012 -97 A by -law to authorize the execution of a Voluntary Payment Agreement with The Niagara Parks Commission. 2012 -98 A by -law to amend By -law No. 2002 -081, being a by -law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by -laws. 2012 -99 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 25th day of September, 2012. NEW BUSINESS Niagara Age - Friendly Community Initiative Year 1 2010 -2011 Evaluation Summary Report In late 2009, the Niagara Age - Friendly Community Initiative 'NAFCI) was awarded a three -year grant from the Ontario Trillium Foundation (OTF), In early 2010, work began to introcuce and implement community partnerships for AFC initiatives throughout all 12 of Niagara's local municipalities by 2013. The 3 -year NAFCI was piloted in 2010 in Welland, A community engagement and action template was established as a basis for rolling the project out H all 12 of Niagara's local municipalities. NAFCI partners include: Niagara Region ty of Welland Welland Senior Citizens Advisory Committee Rose City Senors Foundation (Wotanc Niagara Research and Planning Council Age - Friendly Community Principles in Niagara Ace - Friendly Communities (AFC) create safe and secure environments that foster community participation, personal health and well - being, taking into consideration the needs of all citizens, with a particular focus on older adults. The NAFCI is based on Age - Friendly principles promoted by the World Health Organization (WHO), Public Healtn Agency of Canada, and the Murray Alzheimer Research and Education Program at Waterloo University. Year 1: Building a Base for Age - Friendly Action Throughout Niagara • A NAFCI Community Coordinator position was established, to create tool kits, communications products and templates to engage citizens and assist. with formation of an Age- Friendly local action committee in each of Niagara's local municipalities. • A Project Management Committee and Vision Committee constructed a Niagara -wide framework applying Age - Friendly principles; a local action committee in Welland created a pilot template for local Age - Friendly community action. • Niagara citizens touched by NAFCI H year one are receptive and open to learning about Ace - Friendly principles. • DedicaTed project staff and committed volunteers have taken a forward - thinking practical approach to discovering how Age - Friendly principles apply to the community of Niagara. • Municipal and Regional leaders (both elected leaders anc staff) have been receptive to learning about Age - Friendly principles and the bearing they will have on future community planning. • Community partners with region -wide reach have engaged with NAFCI. in the spring of 2011, a partnership was launched for a regular NAFCI - branded column, wrtten by community volunteers, to run In Niagara This Week newspaper. Toe Niagara Community Observatory at Brock University publishes a policy brief, which provides a project baseline i Seniors in Niagara: Creating Age - Friendly Communities. Niagara Region is hosting a NAFCI web page. Ontario Trillium Foundation Fondation Trillium de ('Ontario Future Directions for Niagara -wide Age - Friendly Community 1.Four main theme areas have emerged from community members' 'ideas for Age - Friendly actions to strengthen Niagara's communities. • better communication practices; • improved accessibility for all; • a community culture valuing older adults; and • applying an Age - Friendly lens to Niagara -wide and local municipal official planning. 2.Practical ideas for expediting local action committee goal - setting and Age - Friendly community action throughout Niagara Include. • holding up -front local focus groups; and • building on and strengthening the Age - Friendly focus of existng community resources and activities (e.g., local action committee work linking witn Mayor's Youth and Seniors Advisory Committees, Accessibility Committees and other Committees o Council that share similar Age - Friendly principles). 3.Project oriorities, outcomes and planning for sustainability of Age - Friendly action beyond the end of the project will be strengthened by: • clarification of oelectives and roles; • defining criteria and logistics around recognition of organizations and businesses in the community that engage in NAFCI action; • assessment of the human resources required to achieve project goals; and • refining communication and reporting processes of the oroject. 4.Engaging municipal governments in making Age - Friendly principles an integral part of planning Is vital to healthy communities for all ages. Demonstrating practical ways Age - Friendly principles apply To the community of Niagara is an important project priority. Full report can be found at www.nrapc.com AGE - FRIENDLY COMMUNITY INITIATIVE Raising awareness and encouraging action O Building Awareness: Changing Demographics and Aging Population O WHO Age - Friendly Initiative, The Facts, Effective Strategy. Benefits O Encouraging Action: Niagara Age - Friendly Community Initiative O the Project. Acfions, Vision Committee, Resource Team, Framework. Community Consultofions, Welland Pilot, Partners 0 Niagara Falls Age - Friendly Initiative .201 3 WHO Age - Friendly Initiative O Niagara has joined a global effort, led by the World Health Organization (WHO), to oecome an age - friendly community. O An age- friendly community is one that enables all citizens. indeed all populations to live in security. maintain their health and participate full in society. ggcagro ,g The Facts Behind the Initiative O The number of older persons (60 +) world wide will double from 600 million to 12 billion by 2025 (United Nations) 0 The number of older adults in Canada 65* has increased from 13.7% of the population in 2006 to14.8 %in 2011 and it will continue to grow until 2031 O Soon there will oe more seniors than youth under 15 O Soon there will be more people eaving the workforce than entering it O Soon there will oe more deaths than oirihs Contributing Factors O Strong increase in the number of births in the 20 years following World War 11 11946 - 965). Toady 3 out of 10 Canadians are baby boomers or 29% )Stars Can Census. 201 '1) a The baby 000mers started becoming 651n 2011 (Scats Can Census, 201 1) O People are living longer due to the significant achievements in public health and improved standard of living (WHO, 2007) a the number of centurions 1s increasing )Stars Con Census. 2011) O Making a community age - friendly 6 deemed one of the most effective policy approaches in planning for the increase of our aging copulation. O Over 500 communities In Canada are engaged in age- friendly 0 The City of Welland is the I� first in Niagara to be recognized by the WHO. O Age - Friendly Benefits older adults 0 Providing the security they need, a community that maintains their health and supports their oarticipation sully In the communty_ O Age - Friendly Benefits Businesses O If older adults make up a large proportion of the consumer market spending $25 million a year and older adults are loyal customers and outspend younger shoppers then meeting the needs of older adult consumers makes good sense and increases the bottom line. O Age - Friendly Benefits Voluntary Organizations O If client relationships are Important then organizational policy, practice and behaviours that meet older adults needs are Important O If funding is Important to voluntary organizations then age - fnendly is a means to leverage funds, e.g.. OTF Benefits to Getting Involved O Age- rriendly Benefits All Ages O `f the city huilds bicycle lanes for older adults, all _cyclists benefit O ',f citizens shovel snow from the sidewalk far improved mobility 'or seniors, a parent walking their child to school benefits O if the aim of transit is to give independence tor seniors, youth benefit Niagara Age - Friendly Initiative G Citizens aware of the issue Of a growing copulation of older adults came together in 2009 D They wanted to buLd an .awareness of this issue and encourage action that respects and values the needs and interests of all populations, with a particular focus or older adults Project Partners nr▪ r a. •ve 2819- 2r1 "ii i Niagara Age - Friendly Strategic Plan O Vision: A Caring Community for All Ages Niagara is 0 caring community that optimizes opoortunifies for an ennanced quality of life as people age_ O Mission: Age - Friendly Niagara Project Raise awareness of age- friendly principles across all sectors of the community and encourage action that takes into consideration the needs of all citizens. with a particular focus on older adults. Age - Friendly Resource Team O The NAFCI provides a Community Coordinator. the Niagara Research and Planning Council as evaluators and volunteers AT 00 COST to assist each community raise the baron age - friendliness D Services include: O Facilitating community consultations O Assisting communities developing an action plan O Working together to promote age.friendly O Providing a personal connection O Supporting the application to join the 000 age - friendly movement Age - Friendly Framework & Principles O The framework for the Niagara project is shaped by the age- friendly principles developed by 'hree leading age- friendly initiatives: O World Health Organization Canada O The Murray Alzheimer Research and Education Program at (9/19/2012) Dean lorfida - COM 11- 2011 Niagara Age- FriendlyCommunity Initiative Report.docx February 22, 2011 Page 1 of 5 March 7, 2011 LETTER AND REPORT SENT TO LOCAL MUNICIPALITIES AND FOR CIRCULATION TO ACCESSIBLITY ADVISORY COMMITTEES CL 3 -2011, March 3, 2011 PHSS 3 -2011, February 22, 2011 Report COM 11 -2011, Niagara Age-Friendly Community Initiative The Council of the Regional Municipality of Niagara, at its meeting of March 3, 2011, approved the following recommendation of its Public Health and Social Services Committee: "That Report COM 11 -2011, February 22, 2011, respecting Niagara Age - Friendly Community Initiative, be received and approved, as amended: That Regional Council endorse the principles of the Niagara Age - Friendly Community Framework and that the Age - Friendly Coordinator begin information sessions with Regional staff to raise awareness and encourage self- assessment. That a copy of this report be forwarded to the local municipalities for their information and to the Niagara Region's and local Municipalities Accessibility Advisory Committees." A copy of Report COM 11 -2011 is enclosed for your reference. Please distribute a copy of this report to your Accessibility Advisory Committee if applicable. For further information on this matter, please contact Virginia Stewart, Community Coordinator, Niagara Age - Friendly Community, at the following contact numbers: 2201 St. David's Rd. Thorold, ON, L2V 4T7 virginia .stewart©niagararegion.ca 905.685.1571 ext. 3869 1.800.263.7215 Fax: 905.984.6409 Yours truly, Kevin Bain Regional Clerk Cc: C. Cousins, Commissioner, Public Health D. Ventresca, Director, Seniors Services V. Stewart, Community Coordinator S. Murphy, Coordinator, Niagara Region Accessibility Advisory Committee _ (9/19/2012) Dean lot-fide - COM 11-20i .1 Niagara Age FnendlyCommunity Initiative epo 0 Niagaralige Region REPORT TO: Co- Chairs and Members of Public Health and Social Services Committee SUBJECT: Niagara Age - Friendly Community Initiative February 22, 2011 Page 2 of 5 RECOMMENDATION That this Committee recommends to Regional Council that: 1. Regional Council endorse the principles of the Niagara Age - Friendly Community Framework and that the Age - Friendly Coordinator begin information sessions with Regional staff to raise awareness and encourage self- assessment. 2. A copy of this report be forwarded to the local municipalities for their information. EXECUTIVE SUMMARY • Funding from the Ontario Trillium Foundation in the amount of $222,900 was received by the Rose City Seniors Centre Foundation in late 2009, supporting an age - friendly initiative in Niagara including the salary of a Coordinator position. • Partners to the initiative are Community Services and Integrated Community Planning, City of Welland, the Welland Seniors Citizens Advisory Council, Rose City Seniors Centre Foundation, and the Niagara Research and Planning Council (COM 31 & ICP 25, 2009). • A Coordinator was hired in April 2010, and the initiative was officially launched in Welland on June 23, 2010. • The Coordinator and local action committee volunteers have been educating and raising awareness of age - friendly principles through discussions, community forums, and presentations to community agencies, organizations and groups in Welland over the past nine months. • The initiative will be rolled out in Pelham, Port Colborne and Wainfleet in the early spring of 2011, Niagara Falls /Fort Erie in October 2011, St. Catharines/Thorold/ Niagara -on- the -Lake in April 2012, and West Lincoln /Lincoln /Grimsby in October of 2012. • This initiative supports Council's Business Plan under Strategic Objective B — Community Social Well- being. Having age - friendly communities in Niagara will form a cornerstone of Niagara's strategic growth plan, aligning with Niagara 2031 planning principles. Page 2 (9/19/2012) Dean Iorfida - COM 11 2011 Niagara Age - FriendlyCommunity Initiative Report.docx Page 3 «_y-- GOl1� -- 1- 2011: 9 February 22, 2011 Page 3 of 5 FINANCIAL IMPLICATIONS There are no financial implications associated with this report. Niagara's Age - Friendly Community Initiative has been funded by Ontario Trillium Foundation for a three year term in the amount of $222,900, covering the Coordinator's salary and other costs. Partners to the initiative have committed to in -kind contributions, including the provision of office space, equipment and supplies needed for the initiative and staff time. PURPOSE This report provides an overview of the Niagara Age - Friendly Community Initiative and recommends Regional Council's endorsement of raising awareness of age - friendly principles among staff of Niagara Region. BACKGROUND By 2031 it is projected that 25% of Niagara's population will be aged 65 and older. With demographic shifts in aging populations, it is important that all communities consider their healthy aging infrastructures to ensure support systems are in place and planned to allow for full inclusion of all residents of the community. Through its Age - Friendly Community Initiative, Niagara has joined over 33 communities in 22 countries around the world in an age - friendly movement that supports active and healthy aging. Having age - friendly communities in Niagara will align with Niagara 2031 planning principles, sustainable community policies, and meet the definition of complete communities: "communities that meet people's needs for daily living throughout an entire lifetime by providing convenient access to an appropriate mix of jobs, local services, a full range of housing and community infrastructure including affordable housing, schools, recreation and open space for their residents. Convenient access to public transportation and options for safe, non - motorized travel is also provided." (Source: Sustainable Community Policies). As awareness is raised, age - friendly community principles can be utilized in planning not - for- profit and low income housing models, transportation systems, and recreational services that meet the needs of the entire population. By ensuring that planning processes are in place to maximize older person's inclusion, quality of life, health and participation in our community, our entire community will benefit, economically, socially, culturally and environmentally. REPORT - T. — -�_ -- Page 4 (9/19/2012) Dean Iorfida - COM 11-2011 Niagara Age FnendlyCommunity Initiative Report docx 112A11 February 22, 2011 Page 4 of 5 Project Partnership Through a partnership of the Rose City Seniors Centre Foundation, the City of Welland Parks, Facilities and Leisure Services Department, Niagara Region Community Services and Integrated Community Planning and the Niagara Research and Planning Council, a proposal to the Ontario Trillium Foundation was developed in 2009 to fund a Niagara age - friendly community initiative. The Age - Friendly Initiative Management Committee commenced recruitment and Coordinator with the support apol 2010. The initiative was Wel and officially launched in August in Welland City Council and Niagara Regional Council (COM 31 and ICP 25, 2009). Age - Friendly Communities Development Adapting the Age - Friendly Community Toolkit designed by a Provincial Age - Friendly Community Committee, the Coordinator conducted a series of presentations, community forums and discussions with organizations and individuals to educate and promote the principles and building blocks of age - friendly communities. Tips and strategies were provided to help them assess their organization's strengths and areas for development based on the three building blocks of age - friendly communities: an informed society, an enabling and supportive environment, and personal, social and system connectedness. Following discussions and with ongoing encouragement and support by the Coordinator and the Welland Action Committee volunteers, a number of organizations in Welland have now begun self- assessment, planning, implementing action plans, evaluating their own progress and identifying their successes and gaps. Some of the organizations who have actively participated in Welland to date include the Canadian Tire Store, Meridian Credit Union, the Hope Centre, Walmart and CIBC. Accountability Structure The Coordinator reports to the Management Committee. In addition to this committee, an important component of the initiative is the Vision Committee which was established in the fall of 2010. Comprised of interested citizens of all ages and backgrounds, the members of this committee have a wide background of expertise and experience that includes business, education, planning, social services and health; their vision: "A caring community that optimizes opportunities for overall well -being to enhance quality of life as people age ". In each local community an Action Committee of local citizen volunteers will be established to support the Coordinator's efforts. An evaluation will be undertaken at the conclusion of the initiative. Future Plans Community Services and Public Health are currently in Nation's resolution of making cities livable places for that the well -being of children is the ultimate indicator society and good governance. A meeting was the process of adopting the United all, putting children first, declaring of a healthy habitat, a democratic held in July 2010 to discuss (9/19/2012) Dean Iorfida - COM 11-2011 Niagara Age- FriendlyCommunity Initiative Report.docx cowl Page 5 February 22, 2011 Page 5of5 operationalizing this, noting that there are many similarities between age - friendly communities for older adults and child - friendly cities. Opportunities to develop common branding and approaches toward building awareness and self- assessment are being considered. A key component of successful age - friendly initiatives is the involvement of hundreds of members of the community, through volunteer opportunities, neighbourhood committees, youth, the business community, community planners and connectors, professional organizations, associations and interested citizens. Over the next twenty -seven months, members of the Vision Committee will be looking in their respective communities for leaders and volunteers to form community age - friendly action committees to repeat the process, begun in Welland, in Niagara's remaining municipalities. An action committee is currently forming in Pelham. As the initiative is rolled out in each community, the support of the local municipal council will be sought for raising awareness of age - friendly principles among their staff. The tentative schedule for rolling out the initiative through the remaining municipalities is as follows: Pelham, Wainfleet and Port Colborne Niagara Falls and Fort Erie Spring 2011 St. Catharines, Thorold and Niagara on the Lake West Lincoln, Lincoln, Grimsby Fall 2011 Spring 2012 Fall 2012 Submitted by: Cathy Cousins, CA Approved by: Mike Trojan Acting Commissioner, Community Services Chief Administrative Officer This report was prepared by Cathy Fusco, Community Planner Social Issues and reviewed by Dominic Ventresca, Director, Seniors Services. (9/19/2012) Dean Iorfida - RE: Fwd: Delegation to Council From: "Stewart, Virginia" < Virginia .Stewart@niagararegion.ca> To: diorfida @niagarafalls.ca Date: 5/24/2012 10:55 AM Subject: RE: Fwd: Delegation to Council Hi Dean- Thank you for confirming; however, I regretfully will cancel the deputation for this coming Tuesday until I have had an opportunity to meet with the Mayor. I am holding June 12 open. Two questions, please advise what the time frame is to submit information to be included in councilors packages and what the procedure is for making a power point presentation. Regards- Virginia Stewart Community Coordinator Niagara Age - Friendly Community Initiative A Community for All Ages Box 1042 2201 St. David's Road Thorold, ON, L2V 4T7 virginia .stewart@niagararegion.ca 905.685.1571 ext. 3869 Twitter: @Age_Friendly Facebook: Niagara Age - Friendly Community Initiative Project 2010 -2013 Phone: 905 - 685 -1571 ext. 3869 Website: http: / /www.niagararegion.ca /living/ seniors / Niagara- Age - Friendly - Community- Initiative.aspx Original Message From: Dean lorfida [ mailto:diorfida @niagarafalls.ca] Sent: Thursday, May 24, 2012 9:36 AM To: Stewart, Virginia Subject: Re: Fwd: Delegation to Council Hi Virginia: I just wanted to confirm Tuesday for you. Start time is 6:30 p.m. You will be second on the agenda after the opening meeting preliminaries. Is there anything you need from me? Thanks Dean »> Sarah Conidi 5/8/2012 4:32 PM »> »> "Stewart, Virginia" < Virginia .Stewart@niagararegion.ca> 5/8/2012 »> 4:31 PM »> Hello Dean- (9/19/2012) Dean Iorfida - RE: Fwd: Delegation to Council On behalf of the Niagara Age - Friendly Community Initiative, I would like to request a delegation to Council May 29, 2012. If you require further information, please contact me. Cheers- Virginia Stewart Community Coordinator Niagara Age - Friendly Community Initiative A Community for All Ages Box 1042 2201 St. David's Road Thorold, ON, L2V 4T7 virginia .stewart @niagararegion.ca 905.685.1571 ext. 3869 Twitter: @Age_Friendly Facebook: Niagara Age - Friendly Community Initiative Project 2010 -2013 Phone: 905 - 685 -1571 ext. 3869 Website: http: / /www. niagararegion.ca /living/ seniors / Niagara- Age - Friendly- Community- Initiative.aspx The Regional Municipality of Niagara Confidentiality Notice The information contained in this communication including any attachments may be confidential, is intended only for the use of the recipient(s) named above, and may be legally privileged. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, disclosure, or copying of this communication, or any of its contents, is strictly prohibited. If you have received this communication in error, please re -send this communication to the sender and permanently delete the original and any copy of it from your computer system. Thank you. The City of Niagara Falls Confidentiality Notice The information contained in this communication including any attachments may be confidential,is intended only for the use of the recipient (s) named above, and may be legally privileged. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, disclosure, or copying of this communication, or any of its contents is strictly prohibited. If you have received this communication in error, please re -send this communication to the sender and permanently delete the original and any copy from your computer system. Thank you. Page 2 (9/19/2012) Dean Iorfida - Re: resolution to become a community partner: AGE - Friendly Initiative From: Sarah Conidi To: Dean Iorfida CC: Cathy Crabbe Date: 7/9/2012 9 :29 AM Subject: Re: resolution to become a community partner: AGE - Friendly Initiative Ok - thank you. »> Dean Iorfida 7/9/2012 9:28 AM »> Ms. Stewart has been insistent of meeting with the Mayor prior to any deputation, which could have been scheduled at any time. »> Sarah Conidi 7/9/2012 9:22 AM »> http : / /www.niagararegion.cawing /seniors /niagara- age - friendly - community- initiative.aspx »> Harriet Worden <friendomonty©hotmail.com> 7/6/2012 4:43 PM »> Dear Mayor Jim: I have been involved with this since the inception and have attended several meetings all around Niagara. Niagara Falls seems to be the only city that has not welcomed us, even though the co- ordinator, Virginia Stewart, has contacted you several times. I know that we have a Student Advisory Committee as well as a Senior's Advisory Committee so why haven't we been involved in the Age - Friendly Initiative? I hope you will bring this to the attention of council and get involved. Mrs. Harriet Worden Niagara Falls ON 905- 295 -8460 Page 1 Memorandum TO: Mayor James M. Diodati DATE: Thursday, September 13, 2012 and Members of the Municipal Council City of Niagara Falls, Ontario FROM: Kathy Moldenhauer, Acting Director Recreation & Culture Department RE: Community Artists Niagara Staff was contacted by Michelle Marcotte of Community Artists Niagara (CAn) on Tuesday. August 7, 2012. Michelle indicated that the space CAn was occupying had been flooded and the owners. Keefer Developments Ltd., have asked them to vacate the space by the end of August in order to repair and renovate the space. CAn had been using the space on Queen Street at no cost. Staff met with Michelle on Wednesday, August 8, 2012 to discuss CAn's needs. The most immediate need is space to continue to host their Artists in Residence program that has been funded by the Trillium Foundation. The space must be open to the public and be suitable for each artists unique needs. In addition, if CAn is going to continue to operate as a viable organization they will also require space for a small gallery, program area, and office. Michelle requested information on any possible tax incentives to local businesses or any available space in City Buildings. Michelle indicated that CAn is looking at their operating model in an attempt to become self sustaining. Staff recommended meeting with Sue Morrison from the Ministry of who works with many not for profits and may be able to provide valuable advice. Staff arranged a meeting on Monday, August 20, 2012 with representatives from CAn, Business Development, Finance, Building, Recreation and Culture, and the Downtown BIA in order to listen to CAn's concerns and to determine available options. CAn made a presentation about what they currently provide and what they are looking for from the City. Discussion took place about City owned facilities and a variety of potential options in the community. Staff from the Finance Department indicated that there are not currently any tax incentives available and they are not set by the City. The Armoury and the CORE building were discussed as potential City owned options. CAn has not yet toured these locations at this time. It was recommended that CAn contact other arts organizations such as the Niagara District Art Association to enquire about sharing space. A follow up meeting took place on Tuesday, August 28, 2012. Further discussion took place about the availability of the Niagara Centre for the Arts. Business Development Staff arranged a tour of the Niagara Centre for the Arts space on Wednesday, August 29, 2012. The space was suitable however rent would be required and CAn is unable to pay at this time. CAn was able to make arrangements with Lyndesfarne Theatre Projects to house their Artist and Residence in their lobby for the month of September. Staff are working with CAn to house the next scheduled Artist in Residence at the MacBain Community Centre in the lobby. (9/19/2012) Dean Iorfida - Community Artists Niagara -- New Value Proposition to the City of Niagara Falls From: To: Date: Subject: Attachments: Michelle Marcotte < marcotteconsulting@gmail.com> <sconidi @niagarafalls.ca >, <diorfida @niagarafalls.ca> 8/22/2012 3:36 PM Community Artists Niagara -- New Value Proposition to the City of Niagara Falls Community Artists Niagara August 19 2012.pptx Hello Sarah and Dean, Here is the presentation from Community Artists Niagara for distribution to the Mayor and City Council. It describes the current value that we provide as well as our vision for the future of community arts in Niagara Falls. And it asks for help resolving our current crisis of lack of gallery space since we have had to leave our Queen St gallery. We would like to make a deputation to Council on September 11 about this matter which we hope will lead Council to begin work on a community arts center for Niagara Falls. Thank you for your consideration and assistance. Yours sincerely, Michelle Marcotte Marcotte Consulting <mailto :marcotteconsulting @cogeco.ca> marcotteconsulting @cogeco.ca www.marcotteconsulting.com 4883 Simcoe St, Niagara Falls, Ontario, Canada L2E 1V8 <http: / /www. marcotteconsulting. com /> www.marcotteconsulting.com 289 - 296 -6200 Marcotte Consulting's Florida address (winter) Page 1 S21311VW JNINNV1d PD- 2012 -56 NiagaraJalls September 25, 2012 REPORT TO: SUBMITTED BY: SUBJECT: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario Planning, Building & Development PD- 2012 -56 Official Plan Amendment No. 99 Garner South Secondary Plan RECOMMENDATION That Council adopt Amendment No.99 to the City's Official Plan being the Garner South Secondary Plan. EXECUTIVE SUMMARY On October 24, 2011, a public meeting was held to receive comments on the Official Plan Amendment No.99, the Garner South Secondary Plan (GSSP). Since then, staff have been in discussion with various landowners, have reviewed all of the comments received and made appropriate modifications to address the concerns where needed. In addition, some further editorial changes were made to the GSSP. The GSSP is being recommended for adoption. The GSSP is a detailed land use plan that will guide the development of the lands within the Plan Area over the next 10 to 15 years. It has been prepared to conform with the Growth Plan for the Greater Golden Horseshoe in terms of overall density and by providing a mix of uses and housing types so as to create a complete community. BACKGROUND On October 24, 2012, a public meeting was held to receive comments on the Official Plan Amendment No.99, the Garner South Secondary Plan (GSSP). The GSSP is illustrated on the attached Appendix 1 as Schedule A -3. A number of comments were received as a result of that public meeting. Since that meeting, staff have been engaged in discussions with various landowners in order to resolve outstanding issues. All comments that have been received are noted within Appendix 2. The GSSP is a detailed land use plan that will guide the development of the lands within the Plan Area over the next 10 to 15 years. It has been prepared to conform with the Growth Plan for the Greater Golden Horseshoe in terms of: the provision of a mix of housing; densities that will achieve the targets for greenfields as established in the Regional Policy Plan; September 25, 2012 - 2 - the provision for commercial facilities and mixed use development; retention of employment lands to allow for job creation; and • the protection of existing heavy industry to the southwest of the Plan Area. PD- 2012 -56 Subsequent to Council's adoption of the GSSP, the Plan will be forwarded to Niagara Region for approval. CITY'S STRATEGIC COMMITMENT The GSSP brings to fruition Council's commitment to future growth in the southwest quadrant of the urban area. LIST OF ATTACHMENTS Appendix 1 - Schedule A -3 Garner South Secondary Plan Appendix 2 - Modifications Chart Recommended By: Alex Herlovitch, Director of Planning, Building & Development Respectfully Submitted: Ken Tod , C Administrative Officer J.Barnsley:gd Attach. S: \PDR\2012 \PD- 2012 -56, Official Plan Amendment No. 99, Garner South Secondary Plan.wpd September 25, 2012 - 3 - APPENDIX 1 PD-2012-56 September 25, 2012 Party -4- APPENDIX 2 Issue /Comment Cytec Canada • Refinement of building height policies of OPA No. 82 affecting the lands north of Brown Road. PD- 2012 -56 Staff Response • Comments have been discussed with Cytec and Warren Woods Land Development Corp. Agreement has been reached and revisions to Plan made. • Deletion of block townhouses, triplexes and quadraplexes as permitted uses within the Residential, Low Density designation. • Revisions made. • Removal of the Residential, Medium Density block that straddles the 2 km arc. • The designation of the portion of the block that lies within the 2 km Cytec arc has been changed to Neighbourhood Commercial. • Additional wording was suggested to remove day nurseries on Neighbourhood Commercial lands as well as limiting the location of community centres, schools and places of worship to being outside and way from the 2 km Cytec arc. • Suggested wording was included. • Additional wording was suggested regarding the submission of an emergency plan and evacuation protocol for retirement and seniors residences as part of development approvals. • Suggested wording was included. • Refinement of policy regarding the location of any additional high - density housing. • Suggested wording was included. September 25, 2012 -5- PD- 2012 -56 • Additional wording was suggested to clarify the process for the Thompson's Creek Subwatershed Plan respecting Cytec's ownership of the creek. • Revisions made. • Suggested that the location of live /work uses be shown on Schedule A -3. • The location of live /work uses is shown on a new figure in the Plan. Warren Woods Land Development Corporation. • A change in wording was suggested regarding consistency with the collector road system shown on Schedule A -2. • Existing wording is to remain, however other policy and schedule modifications were made to address the issue. • Inclusion of lands within the Built Area Boundary in the Greenfield Density calculation. • Reviewed the Greenfield density calculation with the stakeholder. Stakeholder was satisfied with the calculation as is. • Requested deletion of policy that prohibits conversion of east precinct employment lands to non - employment uses. • Reviewed the policy and the permitted uses within the eastern precinct. Stakeholder was satisfied with the policies. • Request to lower the minimum density requirement of the Residential, Medium Density designation to 30 uph. • Additional policy was included to "close the gap" between low and medium density designations to allow for medium density lands to develop at a lesser density than 50 uph if the overall Greenfield density is not compromised. • Inclusion of places of worship under the Neighbourhood Commercial designation. • Places of worship not to be included. • Requested clarification of the requirement for 60% of the eastern precinct to develop with employment uses prior to establishment of any live /work use. • Reviewed policy with stakeholder. Stakeholder satisfied with policy and calculation of the 60% being based on land area. September 25, 2012 -6- PD- 2012 -56 • Requested an increase in building height of live /work units within the eastern precinct to three storeys. • Modification made. • Requested an exemption to policies regarding storm water management to allow for a storm pond to be located in on EPA lands. • Modification made. • Requested wording to be added regarding the allocation of the cost of road works to the developer if not covered by Development Charges. • Modification made to clarify that the developer will be responsible for the cost of road improvements unless the works have been included within the DC By -law. • Concept Plan - requested modification to show additional Medium Density lands on the west side of Kalar Road. • Modification made. • Phasing Plan - requested modification to more accurately indicate the progression of development. • Modification made. Pietro Paolo Muraca • Concerns regarding the extent of natural heritage features affecting his lands. • The natural heritage features in question are Provincially Significant Wetlands (PSW's). Mr. Muraca has been put into contact with the Ministry of Natural Resources (MNR) in order to resolve the concern. Robert Miller, Planning Consultant ► Concerns regarding the requirements of the Thompson's Creek Subwatershed and Master Drainage Plan • Revisions made to the text and a new figure introduced. _eh Penning ROBERT J. MILLER Land Use Planning Services 478 Garrison Village Drive, Niagara -on- the -Lake ONTARIO LOS OS f JO Telephone 905 468 0582 Facsimile .2800 8 Robert J Miller, M.C.t.P Registered Professional Planner Email robertj.miller @sympatico.ca September 11, 2012 VIA EMAIL Alex Herlovitch Director of Planning & Development Planning & Development Division of Community Services Department 4310 Queen St., P.O.Box 1023 Niagara Falls ON L2E 6X5 Dear Mr. Herlovitch: RE: Garner South Second Plan Public Meetin Se tember 25 2012 I am working with Mr. Behrouz Parsa regarding lands owned by 1 17032 Ontario Inc. comprising 35.34 acres (14.3ha) at the southwest quadrant of McLeod and Garner Roads in the City of Niagara Falls. These lands are within the area subject of the above Public Meeting. This letter is filed with you in accordance with Section 17 of the Planning Act because I will be out of the country on vacation on September 25, 2012. I am therefore requesting formal notification if the proposed Official Plan Amendment is adopted by the City of Niagara Falls Council and notice of the eventual decision on the adopted Amendment by the Regional Municipality of Niagara. I am also requesting that by this letter 117032 Ontario Inc- qualifies for possible addition as a party to any hearing of a resulting appeal before the Ontario Municipal Board. Thank you, Robert J. Miller cc 117032 Ontario Inc. Murray Chusid September (8. 2012 PALETTA INTERNATIONAL CORPORATION Mr. Alex Herlovitch Director of Planning & Development City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario L2E 6X5 .„itiF Planning Fge Dear Mr. Herlovitch. Re: Garner South Seconda Plan OPA No. 99 We wish to provide the following comments in advance of the September 25th public meeting with respect to the Garner South Secondary Plan, specifically as it relates to our property on Pin Oak Drive. First and foremost, we are in support of the "Residential, Medium Density "" designation that has been placed upon a portion of our property. However. as we have indicated in previous correspondence. we continue to strongly object to the Environmental Protection Area mapping boundaries shown on our property. These boundaries appear not to have been determined using any actual property investigation data nor accompanying study. For some reason. you have gone above and beyond the Provincially Significant Wetland mapping, and have placed constraints on an even greater portion of our property. We had previously requested the science behind the City's decision to increase the amount or Environmental Protection Area mapping on our property, however have yet to be provided with any. We also continue to have concerns with the -possible road connection" shown running through our property. Based on the proposed Secondary Plan. and in particular the Environmental Protection Area mapping as you challenges, and as such we take issue swith� a possible �r ad location that would dre restrict o r development potential even further. We request assurance that the location of these features is strict our preliminary only, and subject to our input and approval. 4480 Palette Court, Burlington, Ontario L7L 5R2 (905) 632 -6036 • Fax (905) 632 -0064 • Toronto (416) 366 -7316 www.paletta.ca 2 Please feel free to contact us at (905) 632 -6036 if you wish to discuss our comments further. Yours truly, PALET A INTERN NAL CORPORATION Dave Pitblado Cc: John Barnsley — City of Niagara Falls Niagaraflalls C.1N 1D.\ REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario PD- 2012 -55 September 25, 2012 SUBMITTED BY: Planning, Building & Development SUBJECT: PD- 2012 -55 AM- 2012 -007, Zoning By -law Amendment Application 7549 Kalar Road Applicant: 2124484 Ontario Ltd. (Bob O'Dell) Agent: Jennifer Vida, Upper Canada Consulting Proposed Apartment Buildings RECOMMENDATION That Council approve the Zoning By -law amendment application to permit two, three storey apartment buildings, with a total of 88 dwelling units, to be developed on the land. EXECUTIVE SUMMARY The applicant has requested a zoning amendment to rezone 7549 Kalar Road to a site specific Residential Apartment 5C Density (R5C) zone to permit the land to be developed with two, three storey apartment buildings. The amendment can be supported because: the proposal complies with Provincial and Regional policies which promote compact development in Greenfield Areas; the proposal conforms with the intent of the City's Official Plan and the Garner South Secondary Plan regarding the location of medium density housing; and the site is a former automobile salvage yard and has been satisfactorily remediated for residential use. Official Plan Amendment No. 99 (OPA No. 99), which is the Garner South Secondary Plan, will need to be adopted by Council and receive final approval from the Region before the requested zoning amendment comes into effect. BACKGROUND Proposal A Zoning By -law amendment has been requested for a 1 hectare (2.5 acre) parcel of land known as 7549 Kalar Road, located south of McLeod Road (see Schedule 1). The application is to permit the land to be developed with two, three storey apartment buildings, containing a total of 88 dwelling units. Schedule 2 shows details of the proposal. September 25, 2012 - 2 - PD- 2012 -55 The land is currently zoned Development Holding (DH), in accordance with Zoning By -law No. 79 -200. The current zoning only permits existing uses and a detached dwelling. The applicant is requesting the zoning of the land to be changed to Residential Apartment 5C Density (R5C) with site specific regulations addressing: lot area, lot frontage, building setback, lot coverage, landscaped open space coverage, building height, parking requirements, and the construction of two apartment buildings on one lot. Site Conditions and Surrounding Land Uses The land was originally used as an automotive salvage yard, but has since been cleaned up in accordance with Provincial regulations and is now vacant. The property is flat without any significant vegetation. The lands to the south are known as the Warren Woods Phase 1 plan of subdivision which was recently registered. A mix of dwelling types are anticipated. The lands to the north and west are vacant and are intended to be developed for housing as well. Several industrial uses exist on the east side of Kalar Road. Circulation Comments Information regarding the requested Zoning By -law amendment was circulated to City divisions, the Region, agencies and the public for comments. The following summarizes the comments received to date: • Regional Municipality of Niagara It is noted the Garner South Secondary Plan will not come into effect until it is approved by the Region without any appeals to the Ontario Municipal Board. To ensure the proposed development contributes to greenfield density targets required by the draft Garner South Secondary Plan, a provision requiring a minium number of dwelling units for the development should be included in the zoning by -law for the land. - The site is across from industrially zoned lands located on the west side of Kalar Road. Although these are intended to be designated residential by the Garner South Secondary Plan and eventually rezoned, an industry could still locate there. Therefore a future site plan or condominium agreement should contain a warning clause advising future residents of potential adverse effects from potential industrial uses should the subject lands be developed prior to the rezoning of the lands on the east side of Kalar Road to residential. • Municipal Works - No objections to the rezoning. Storm servicing of the site is intended to be accommodated through the plan of subdivision to the south. Should storm services not be constructed at the time of development, a temporary storm outlet design is to be provided to the satisfaction of the City. September 25, 2012 • Transportation Services - 3 - PD- 2012 -55 No objections. The request to reduce the required amount of parking from 1.4 spaces per dwelling unit to 1.25 spaces per dwelling unit can be supported based on a commonly accepted parking generation manual and the fact that the site is in proximity to a transit route. A sidewalk should be provided along the driveway to accommodate pedestrian access to Kalar Road. Bicycle racks should also be provided for each building to more readily facilitate cycling as an alternative mode of transportation. These features can be secured at the site plan stage. A 3 metre wide road widening will be required to be dedicated at the site plan stage when a further design review will be undertaken. • Fire Services No objections to the rezoning. Compliance with the Ontario Building Code will need to be demonstrated at the site plan approval stage, including the appropriate fire hydrants and on -site fire route. Building Services - All Building Permits to be obtained prior to construction. Comments with regard to the Ontario Building Code shall be addressed during the site plan process. • Landscape and Park Development Landscaping details and perimeter fencing will be determined at the site plan approval stage. • Legal Services, Niagara Falls Transit - No objections. Neighbourhood Open House No neighbours attended to hear about the proposal or to ask questions at an open house held on August 23, 2012. ANALYSIS 1. Provincial Policy Statement and Growth Plan The subject lands are located in a Greenfield area. Provincial policies require minimum density targets to be achieved in Greenfield areas. The Region, who oversees the implementation of Provincial policies, has determined that a density of 53 persons /jobs per hectare is to be achieved in the City's Greenfield area. The density of the proposed development at 86 units per hectare will assist in achieving this target and a choice of housing. September 25, 2012 - 4 - PD- 2012 -55 2. Official Plan and Garner South Secondary Plan The subject lands are designated Residential in the City's Official Plan. As the site is located along an arterial road, close to neighbourhood commercial facilities and in close proximity to a planned school site, the location is ideal for a low -rise apartment building. The subject lands are designated Medium Density Residential in the Garner South Secondary Plan which is on the September 25th Council Agenda for adoption as OPA No. 99. Lands under this designation are anticipated to be developed with apartment buildings up to 4 storeys in height and a density of between 50 and 75 units per hectare. Brownfield sites, such as this one, may be considered for densities higher than 75 units per hectare as an incentive for their redevelopment, provided the scale and massing is consistent with the Medium Density Residential Designation. The application conforms with the Official Plan and Garner South Secondary Plan as follows: ■ The built form of the apartment dwellings (3 storeys with pitched roofs) is in keeping with the Official Plan and Garner South Secondary Plan policies for the site and is at a scale and massing that will be compatible with the anticipated development that will abut it. The property is suitable for medium density residential development given that it is a brownfield site (a former automobile salvage yard). The increased density is appropriate given the location on a designated arterial road. The design of the site provides ample green space for future residents and is appropriately set back from property lines to buffer the low density residential housing that is anticipated on surrounding lands. The design of the building with a pitched roof will complement the single detached dwellings that will be built on the abutting lots. The siting of the proposed buildings and the planned landscaping will provide a pedestrian oriented streetscape along Kalar Road and respects the future built -form in the subdivision to the south. Parking that does not add to the streetscape is contained mainly within underground parking areas. 3. Site Remediation Provincial regulations and the City's Official Plan require environmental site assessments and site remediation before Brownfields can be developed for residential purposes. Since the subject lands were formerly occupied by an automotive salvage yard, the applicant completed Phase 1 and 2 Environmental Site Assessments for the property. These assessments recommended the removal of contaminated soil from the property and this was completed. The applicant has since filed a Record of Site Condition with the Ministry of the Environment that indicates that the lands are suitable for residential development. September 25, 2012 - 5 - PD- 2012 -55 4. Zoning By -law The applicant has requested a change of zoning from DH to site a specific R5C zone to permit the proposed apartment buildings. The site specific regulations that are requested are noted below in the table: The relief to the interior side yard width is necessary due to the proposed pitched roof which has been added to improve the appearance of the buildings. Without these pitched roofs, the side yard width would comply. The requested relief is acceptable provided the building heights are limited to 15 metres and three storeys as proposed. The amending by -law should specify the maximum number of storeys. Although the land is now an interior lot, the Garner South Secondary Plan anticipates a local road immediately to the north of the subject site. If the road is built in this location the property will become a corner lot and the northerly side yard will become an exterior side yard. To ensure future compliance, the applicant has requested the same setback for either an interior side yard or an exterior side yard. Given the height of the building and the intent to build it with a pitched roof the reduced exterior side yard width is acceptable. The project is compact medium density housing. To achieve the density the majority of the parking will be underground. The applicant has requested a modest increase in the building lot coverage, which will be mitigated with an increase in the required landscaped open space coverage. The requested reduction in parking is also acceptable, given the sites' location near a transit route. At the site plan stage, design options to ensure a pedestrian and transit supportive design will be secured. The Garner South Secondary Plan will establish a minimum density of 50 units per hectare for minimum density blocks. To implement this policy, the amending by -law should contain a provision requiring a minimum density of 50 units per hectare. Required Proposed Minimum Interior Side Yard Width one -half building height (7.35 metres) 5.35 metres Minimum Exterior Side Yard Width 7.5 metres 5.35 metres Maximum Lot Coverage 30% 36% Minimum Landscaped Open Space Coverage 40% 44% Maximum Building Height 19 metres 15 metres Maximum Number of Buildings on the Same Lot 1 2 Minimum Number of Parking Spaces 1.4 spaces /unit 1.25 spaces /unit The relief to the interior side yard width is necessary due to the proposed pitched roof which has been added to improve the appearance of the buildings. Without these pitched roofs, the side yard width would comply. The requested relief is acceptable provided the building heights are limited to 15 metres and three storeys as proposed. The amending by -law should specify the maximum number of storeys. Although the land is now an interior lot, the Garner South Secondary Plan anticipates a local road immediately to the north of the subject site. If the road is built in this location the property will become a corner lot and the northerly side yard will become an exterior side yard. To ensure future compliance, the applicant has requested the same setback for either an interior side yard or an exterior side yard. Given the height of the building and the intent to build it with a pitched roof the reduced exterior side yard width is acceptable. The project is compact medium density housing. To achieve the density the majority of the parking will be underground. The applicant has requested a modest increase in the building lot coverage, which will be mitigated with an increase in the required landscaped open space coverage. The requested reduction in parking is also acceptable, given the sites' location near a transit route. At the site plan stage, design options to ensure a pedestrian and transit supportive design will be secured. The Garner South Secondary Plan will establish a minimum density of 50 units per hectare for minimum density blocks. To implement this policy, the amending by -law should contain a provision requiring a minimum density of 50 units per hectare. September 25, 2012 - 6 - PD- 2012 -55 In accordance with the regulations of the Planning Act, the by -law will not come into effect until the Garner South Secondary plan receives final approvals from the Region, or the Ontario Municipal Board (if appealed). CITY'S STRATEGIC COMMITMENT The proposal conforms to the Official Plan and the pending Garner South Secondary Plan with respect to the location, density, and design of apartment developments. LIST OF ATTACHMENTS ■ Schedule 1 - Location Map ► Schedule 2 - Site Plan Recommended by: Respectfully submitted:, \Ken Todd, Chief Administrative Officer Alex Herlovitch, Director of Planning, Building & Development A.Bryce:mb Attach. September 25, 2012 - 7 - SCHEDULE 1 PD- 2012 -55 LOCATION MAP Subject Land MCLEOD RD Amending the Zoning By -law No. 79 -200 Location: 7549 Kalar Road Applicant: 2124484 Ontario Limited July 2012 AM -2012 -007 September 25, 2012 - 8 - SCHEDULE 2 PD- 2012 -55 PD- 2012 -57 Niagaraaalls September 25, 2012 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development SUBJECT: PD- 2012 -57 Proposed Telecommunication Facility 7750 Netherby Road Applicant: SBA Canada for Wind Mobile RECOMMENDATION That Industry Canada be advised that the City of Niagara Falls can support a telecommunication tower at 7750 Netherby Road, provided that landscaping mitigation be completed to the satisfaction of the area residents as assessed and proposed in the Visual Impact Study submitted and as outlined in this report. That SBA look at other properties in the vicinity proposed during the consultation process and that Industry Canada be petitioned to adopt notification provisions similar to the Provincial Planning Act ( all residents within 120 metres, a sign on the property in questions) EXECUTIVE SUMMARY The proposal to erect a 45.7m tall monopole tower within a fenced 15m by 15m enclosure at the southeast corner of the rural residential property at 7750 Netherby Road can be supported based on the following: • the tower is located to the rear of the rural residential lot behind accessory structures; • the applicant has modified the design of the tower to a monopole design which is an aesthetic improvement; • the applicant has attempted to satisfy the concerns of local residents through a Visual Impact Study which also proposed visual mitigation through landscaping; and • the applicant has shown that other properties within their target area for coverage were not available or suitable. BACKGROUND Proposal SBA Canada submitted an application for a 45.7m self- support (lattice) telecommunication tower at 7750 Netherby Road. Subsequent to public consultation, SBA revised the tower design to a monopole type tower for aesthetic reasons. The tower is proposed for the southeast corner of the 1.36 ha (3.37 ac) property approximately 105m south of Netherby Road and 130 west of Schill Road (see Appendix A). September 25, 2012 - 2 - Montrose Road ,; PD- 2012 -57 Industry Canada is responsible for the licensing and approval of telecommunication equipment and facilities. Council has no approval authority for telecommunication towers. As part of the application process, proponents of new systems are required to consult with local municipalities and the public in accordance with local protocols and obtain comments. The City adopted a Consultation Process for Radio Telecommunication Facilities in July, 2008. The protocol requires the proponent of a facility to hold a public information meeting and to forward any written or oral concerns / issues received from the public to the City to form part of their deliberation of the proposal. If concerns have been raised, the method by which the proponent has dealt with them must also be forwarded to the City. The decision of Council serves as a written response to Industry Canada on behalf of the City for the proposal. ANALYSIS SBA Canada is an independent wireless infrastructure company that provides antenna space on towers and other structures for the wireless sector. This proposal for a new tower is being made on behalf of Wind Mobile which is expanding its wireless service into the Niagara Region. According to SBA Canada, a 1km circle around the intersection of Montrose Road and Netherby Road has been identified by their engineers as the area where a tower would best serve the coverage needs for Wind Mobile's network. Based on their review, there were no existing towers that can serve their needs. Several property owners within the area were contacted regarding hosting the tower and 7750 Netherby road was found to be the optimal location in terms of construction and engineering. SBA held a public meeting on June 4, 2012 where area residents raised a number of concerns regarding the proposed tower. As per Industry Canada protocol, SBA provided written responses to the comments received. A copy of all correspondence is attached within the Public Consultation Summary Report attached as Appendix 2. September 25, 2012 - 3 - PD- 2012 -57 The concerns heard from area residents were centered on choice of location, interference with electrical devices, impacts on health, property values and visual impact. SBA Canada provided a response to these concerns as follows: Choice of Location. SBA Canada has noted that several property owners were approached within their ideal 1 km radius for their proposed tower, including the farm property to the south of the subject lands who were not interested. An existing Bell tower to the south had been discounted because it did not have the height needed by Wind Mobile and was too far (1.2km) from the coverage area targeted. Interference with Electrical Devices. SBA Canada has responded to concerns by stating that the WIND Mobile's equipment operates on a frequency exclusively for cellular communications and that some minimum adjustment to TV Antennas may be required only due to the tower structure and not frequency. Health Impacts. Industry Canada requires all telecommunication proposals to comply with Health Canada Safety Code 6. SBA Canada has confirmed that it meets Health Canada Code. Property Values. SBA Canada has responded to concerns by stating that there is no evidence to show that towers affect property values. Visual Impact. The proposed tower is located behind accessory structures, approximately 103m south of Netherby Road. A view of the tower is unobstructed from Schill Road and the back yards of dwellings along the south side of Netherby Road. SBA Canada responded to residents concerns by redesigning the proposed tower from a lattice type tower to a thinner monopole design. In addition, a Visual Impact Study of the monopole was submitted with photo simulations from 5 neighbouring dwellings (these photos are attached as pages 25 to 40, Appendix 2). Landscaping renderings were prepared for 3 of these residences: 7905 Netherby Road (west and adjacent to the subject lands); 15135 and 15184 Schill Road (east) with landscaping as mitigation. This study was sent to the property owners with an option given to have more simulations done from specific points on their property. Only one response was received from 15184 Schill Road for which a further photo simulation was done showing possible mitigation of the visual impact of the tower through landscaping. A 10' tall White Spruce tree (which according to the Ministry of Natural Resources typically reach a height of 24 -30m) was superimposed along the easterly lot line of 7905 Netherby Road between the view of the tower and the rear patio area. No further responses have been received to date on the proposed mitigation method for this property or for the properties along Schill Road. SBA Canada has attempted to accommodate the concerns of the residents through their responses and the photo simulations and mitigating landscaping. It must be noted, however, that all landscaping is proposed on those lots where concerns were raised and not on the property containing the tower itself. September 25, 2012 - 4 - PD- 2012 -57 The information package was circulated by Planning staff to other City Departments and no objections to the proposal were received. It is noted that the tower will require a building permit under Division A, Part 1 of the Ontario Building Code. City Planning staff recognize the efforts of SBA Canada to mitigate the visual impact of the tower on surrounding land uses. These measures, if acceptable to the land owners, would require new landscaping to be installed on properties not leased for the telecommunication tower and therefore the cost of planting and future maintenance /replacement of these trees (10' tall White Spruce trees) should be covered by the Owners of the tower, for the life of the tower and not the land owners. Consequently, it is recommended that the proponent enter into a maintenance agreement with the affected property owners for these landscaping features. Further, it is the recommendation of the City that the trees be planted prior to the installation of the tower. LIST OF ATTACHMENTS ► Appendix 1 - Survey Map ► Appendix 2 - Public Consultation Summary Report (SBA Canada, August 24, 2012 and revised September 6, 2012) Recommended by: /16V Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: . AKen Todd, Chief Administrative Officer F. Berardi:mb Attach. S: \PDR\2012 \PD- 2012 -57, Proposed Telecommunication Facility, 7750 Netherby Rd.wpd APPENDIX 2 ON 70554/OS C 1382 SBAD August 24, 2012 Revised: September 6, 2012 Public Consultation Summary Report Wireless Telecommunications Tower Site 7750 Netherby Road, Niagara Falls, Ontario SBA Canada - contracted to: FONTUR International 30 East Beaver Creek Road, Suite 104 Richmond Hill, ON L4B 1J2 Introduction The following report is a follow -up to the Site Selection /Justification Report submitted to the City of Niagara Falls on April 23, 2012 regarding a proposed 45.7 -metre self- support telecommunication tower at 7750 Netherby Road (note that since the original proposal, the tower type has been changed to a monopole for aesthetic reasons). Since this time, a public circulation and consultation has been undertaken in accordance with the City of Niagara Falls' Consultation Process for Radio Telecommunication Facilities and Industry Canada's guideline document CPC 2 -0 -03. Public Notification The public was notified of the proposed tower in accordance with the City's Consultation Process and Industry Canada's CPC 2 -0 -03. Accordingly, residents and property owners within a radius of three times the tower height (measured from the base of the proposed tower) were sent an information brochure via regular mail (Appendix A) that arrived on or before April 26. A total of four residents /agencies were contacted(Appendix B). In addition, a notice advising the public of the proposal was published in Niagara This Week (Niagara Falls edition) at the beginning of the 30 -day commenting period, Friday, April 27. The notice advised the public of the public information session that was to be held on June 4. A copy of the notice can be seen in Appendix C. Consultation During the 30 -day commenting period (April 27 - June 4), FONTUR International on behalf of SBA Canada corresponded with five members of the public with respect to the proposal. This correspondence is contained within Appendix D. Generally, concerns were with the visual impact of the structure, possible interference with other devices such as TV antennas, and potential for co- location. A summary of these concerns and SBA's response is contained in Table 1. Public Information Session In accordance with the City's Consultation Process, a public information meeting was held on June 4, 2012, at the Stevensville Community Hall, from 6:30p.m. to 8:30p.m. About a dozen information panels describing the project and addressing some common concerns were set up around the room, and attendees were given the opportunity to comment on the proposal and ask representatives of SBA Canada questions about the proposal. A total of nine people attended the meeting (Appendix E). All attendees were nearby residents who lived in the Netherby area. In addition to the discussions that took place at the meeting, attendees were asked to record their comments 2 SBA Catharines. In iheSe' able to rely on existirr towers or rooff4p ins vvgs Will WIND Mobile equipment interfere with my other electronic equipment, such as my TV antenna or my cellular phone with another carrier? WIND Mobile's equipment operates on a frequency exclusively for cellular communications. Some minimal adjustment to TV antennas may be required due to the presence of the structure itself. No interference would occur with other devices. How wil the to etl ok from my h ? P to5iu What impact would this structure have on my property values? fhej�� fifers committed: tr;: r'rt detq le 4st informafioh rs tc r e under the heading "Visual Impif "a= There is no research to suggest that telecommunication infrastructure has i either a positive or negative effect on property values. The general process with respect to a decision from the City of Niagara Falls was also a topic of discussion. It was explained to attendees that after the public meeting, a summary report (this report) would be submitted to the City for review; sometime after this process, the Planning Division will present a report to Council for their consideration. 4 SBAl on comment sheets for the record. These comments are contained within Appendix F. Table 1 - Public Comments and SBA Response I Question Answer How was the site selected? tower' near the rail i►ay tra considered and rejea edt another tower neat be more suitable? bi 7750 Netherby Road votuntee property or was he canticrsset If the B 1 detail in Repor` usly rt wars re nsess''that ortunities or tion are always irrvestigafed first. Unfortunately, the height available on the Bell tower. in addition to the distance it was from WIND /SBA's original search area, meant that it was unsuitable for co- location. Several properties in the search area were then canvassed for their interest in leasing property to SBA. Those properties that responded with interest were then investigated further for Clity in tetras f construction an lineeriing. The property at 7750 erbyRoad vti~s tl e optima tion in ferm d meeting these criteria and hence v ps selected for telecommunication tower. What other property owners were contacted for their interest in hosting a tower? Why wasn't a larger lot selected? Where are the other WIND Mobile towers in Niagara Region? Why is this one of the first ones? 3 As is common practice during the site selection process, several other properties in the search area were contacted for their interest in leasing property to SBA /WIND. (These alternate locations were identified in the Site Selection Report previously submitted to the City). The other locations contacted included larger lots, specifically the farmland behind 7750 Netherby Road. However, an agreement could not be reach with this and owner and no further interest was expressed. WIND Mobile has recently launched much of its Niagara Region network, starting with urban areas such as the City of Niagara Falls and the Cit of St. SBA® Visual Impact At the public information session on June 4, the majority of attendees expressed a desire to have more detail on the visual impact of the tower from their properties. As all of the attendees were local to the proposed location of the tower, SBA representatives committed to conducting a more detailed visual impact study to assess the visual impact from select locations. Tower Engineering Professionals, Inc. (TEP) was contracted to conduct a "Balloon Test Visual Impact Study" for the proposed tower. This test was conducted on July 12, 2012 and photos were taken from five locations (residences of meeting attendees who expressed concern with the visual impact). The full report can be found in Appendix G. In addition to simply taking photos, TEP was asked to assess the visual impact and suggest measures that would mitigate the visual impact from the photo locations. As a result, the planting of 3 white spruce trees at an approximate height of 3 metres were suggested in strategic locations. White Spruce typically reach a height of between 24 and 30 metres according to the Ministry of Natural Resources. In addition to the original Visual Impact Study, which depicted the tower's impact accurately, TEP was asked to conduct a more comprehensive study of the impact and possible mitigation measures. The same five households were contacted via registered mail on August 14, 2012 with a letter suggesting that a more detailed study would take place. This letter asked for expressions of interest in having TEP representatives visit their property to more specifically assess the impact from their respective homes and discuss mitigation measures. All letters were confirmed delivered to their intended recipients; only one household responded with interest. This final visual impact assessment report is in the process of completion at the time of writing. SBA expects to come to an agreement with the property owner at 7905 Netherby Road regarding visual impact mitigation measures shortly. Conclusion We believe that SBA Canada has demonstrated that the proposed wireless telecommunication facility meets the language and intent of Industry Canada's guideline document CPC 2 -0 -03 and the City of Niagara Falls' Consultation Process for Radio Telecommunication Facilities. In terms of our circulation to the City, we feel that all technical concerns and requirements received through and after the circulation have been addressed, and no outstanding issues remain. In terms of our circulation to the public, SBA believes it has demonstrated a reasonable willingness to compromise with concerned residents and has 5 SBA® attempted to mitigate the visual impact of the tower, which emerged as the main public concern We feel that our proposal does not impede on the use and enjoyment of surrounding land uses. SBA Canada believes it has completed the consultation process in accordance with Industry Canada's and the City's standards, and respectfully asks that the City of Niagara Falls issue a statement of concurrence. Sincerely, James P. Kennedy, MCIP, RPP 6 SBA E] 7 APPENDIX A - INFORMATION BROCHURE SBA Health & Safety Health and safety are paramount to SBA Cana- da and WIND Mobile. Health Canada has es- tablished electromagnetic exposure guidelines to ensure the safe operation of wireless antenna installations which is known as Safety Code 6. WIND Mobile attests that the radio installation described in this notification package will be installed and operated on an ongoing basis so as to comply with Health Canada's Safety Code 6 for the protection of the general public including any combined effects of nearby in- stallations within the local radio environment. Moreover SBA Canada ensures all structures are constructed pursuant to the National Building Code which includes all applicable CSA Radio Communications Regulations. Regulatory and consultative procedures for tel- ecommunications antennas can be found in Industry Canada's CPC 2 -0 -03 Issue 4. In accordance with the Federal Aeronautical regulations, applications have been made to NAV Canada and Transport Canada to ensure that the tower is assessed for safety by the ap- propriate parties. Both agencies have re- viewed the proposal; Transport Canada will not require aeronautical lighting and /or painting, and NAV Canada has no objections to the tow er as proposed. What about the environment? This site is exempt from assessment under the Canadian Environmental Assessment Act - For more information Industry Canada's CPC 2 -0 -03: http: / /www.ic.gc.ca /epic /site /smt- gst.nsf /en/ sf08777e.html Health Canada's Safety Code 6: http: / /www.ic.gc.ca /epic /site /smt- gst.nsf /en/ sf05990e.html How do I get involved? SBA Canada is committed to effective public con- sultation. You are invited to provide comments to SBA Canada about this proposal by mail, electronic mail or fax. You may also attend an information ses- sion on June 4, 2012, from 6:30p.m. to 8:30p.m. at Stevensville Community Hall, 2508 Stevensville Road. In order to ensure your mailed, facsimiled or e- mailed comments are considered, you must re- spond by close of business on June 4 to the atten- tion of: Joel Swagerman FONTUR International Inc. 30 East Beaver Creek Road, Suite 104 Richmond Hill, ON 54B 1J2 Fax: 866- 234 -7873 Email: on70554. sbacanada .into4fonturinternational.com Your Industry Canada contact ATTENTION: Tower Issue -7750 Netherby Road, Niag- ara Falls, ON— ON70554 Central and Western District Office Suite 1112 451 Talbot Street London, ON N6A 5C9 Telephone: 519-457-4826 Fax: 519- 645 -5073 E -mail: spectrum.london4:ic.gc.ca Your land use authority contact Francesca Berardi City of Niagara Falls 4310 Queen Street, P.O. Box 1023 Niagara Falls, ON L2E 6X5 Phone: (905) 356 -7521 ext 4238 Fax: 905- 356 -2354 Email: fberardiNniagarafalls.ca SBAD Community Notification For a 45.7 m Telecommunication Tower Located at 7750 Netherby Road, Netherby (Niagara Falls), Ontario SBA Canada Site Code ON70554 Your local Land Use Authority In recognition of the Federal Government's exclu- sive jurisdiction and in an attempt to promote bal- ance, Industry Canada requires that proponents of telecommunication facilities consult with and use authorities as part of their licensing process. The requirement to consult can be found in Industry Canada's document, Client Procedure Circular CPC 2 -0 -03. According to the CPC. the purpose of consultation is to ensure that and use authorities are aware of significant antenna structures and /or installations proposed within their boundaries so antenna systems are deployed in a manner which considers local surroundings. Consultation must respect the Federal Govern- ment's exclusive jurisdiction and specifically does not give a municipality the right to veto the pro- posal. As a result of the Federal Government's ex- clusive jurisdiction, this proposed wireless facility does not require permitting of any kind. Similarly, zoning by -laws and Site Plan approvals do not ap- ply to these facilities. Notwithstanding the Federal Government's exclu- sive jurisdiction, SBA Canada and WIND Mobile are committed to consultation with the Local Land -use Authority (the City of Niagara Falls). This public noti- fication has been designed to provide the neces- sary information as required by Industry Canada and the City. Why is a new tower required? A radio antenna and tower are the two most im- portant parts of a radio communication system. The antenna is needed to send and receive sig- nals for the radio station. The tower raises the an- tenna above obstructions such as trees and build- ings so that it can send and receive these signals clearly. Each radio station and its antenna system including the tower provide radio coverage to a specific geographic area, often called a cell. The antenna system must be carefully located to en- sure that it provides a good signal over the whole cell area, without interfering with other stations. In areas where there are many cells, the antennas do not need to be very high. Where the cells are larger. the antennas must be higher above the ground level in order to provide good radio cover- age for the whole area. In this case, WIND Mobile's RF Engineering depart- ment has determined the need for a Personal Communication Services (PCS) upgrade to ade- quately provide contiguous coverage and service to our existing and future customer base in the area of Netherby Road and Schihl Road. Current- ly. our network is burdened by a combination of poor voice and data quality in these areas. In some cases, the coverage is so poor that a hand- set would be unable to place a mobile cat at all in the subject location and surrounding area. The result of this situation is on -going customer com- plaints, high "dropped call" rates, and in extreme circumstances, the potential inability to place a mobile call that may be absolutely critical in an emergency situation. Where will it be located? The proposed site of the tower is at 7750 Netherby Road, south of Netherby Road and west of Schihl Road. The geographic coordinates for the site are: Latitude (NAD 83) N 42 °57'40.8" Longitude (NAD 83) W 79 °07'29.9" SBA Canada strongly supports co- location on ex- isting towers and structures. The use of existing structures minimizes the number of new towers required in a given area and is generally a more cost effective way of doing business. Unfortunately in this case, there were no existing structures in the area to be considered. What will it look like? SBA Canada is proposing a 45.7 m self - support tower with wireless telecommunications antennas to im- prove upon the overall poor coverage in your area. This tower and its associated equipment will be en- closed in a steel chain link fence and inaccessible to the general public. Above is a rendering of the proposed tower looking west from Netherby Road and Montrose Road. APPENDIX B — PUBLIC NOTIFICATION MAILING LIST Bradley Newell and Carol Newell Elizabeth Michaud Barbara Willette and Thomas Willette Alberto Armenti and Raffaela Armenti 8 7826 Netherby Rd 15135 Schihl Rd, Niagara RR 4 7737 Netherby Rd, RR 4 6856 Stokes St Niagara Falls L3B 5N7 Falls L3B 5N7 Niagara Falls L3B 5N7 Niagara Falls L2G 2H3 [SBAI. 9 APPENDIX C — NEWSPAPER NOTICE PUBLIC NOTICE PROPOSED SBA CANADA TELECOMMUNICATIONS TOWER ANY PERSON may make a written submission to the individuals Nsted below by June 4, 2012 with respect to Mese mattor5 PI:EASE TAKE NOTICE as the approval of these sites and their design s under the exdusive Jurisdiction of the Government of Canada through Industry Canaria, the City of Niagara Fats has no i4nsdretron in 1he.5e matters other than as a commenting 7ody to Irdustry Canada and the applicant. ADOITIONAL INFORMATION relating to the proposed to and 910 will be available during a Public Information session on June 4, 2012 from 6:30p.m. to ll:30p.m, at Stevensville Community Hall. 2508 Stevensville Road. Furmer information may also be obtained through the lato ing contacts SBA Canada • contracted to: Joel Swagerman FONTUR Inl rnabonal Mc 30 East Beaver Creek Rd, Sure 104 Richmond l-li1, ON L48 112 Fax 886.234.7873 E ma t On 70554.sbecanada.mto (Eformsrsmernaoonat City of Niagara Fails contact: Francesca Berard City of Niagara Falls 4310 Queen Street, F.O. Box 1023 Niagara Faits, ON L2E 6X5 (Phone. 905) 350 -7521 era 4238 Fax 905- 356 -2354 trim Email: fberardi�rniagaralaas ca 45.7-Metre Sel' -5Lr part' :er. 7160 Tit =therby Road • Wireless sleet self- support tower. 45.7 metres tall and will occupy an area of 225 square metres • Location 7750 Netherty Road, Ma' tiara Faits. Site o lccated apo•oxrmatety 105 metres scum of Nemerby Road and 130 metres west o? Stivhl (load • The sites 'egai description is: PT LT 3 CPN 5 1tumberstone Part 1 ON 59(112023; PCI NF • The facility w+i inckrde mechanical equip- ment Cabinets and fencing arota d ate base of the towef. The tower mil provide space fOr wlrefes and dela :services SBA CMI APPENDIX D - PUBLIC CORRESPONDENCE From Robin Durfiat <rdurfiat'frve.com> Sort May -26 -12 5A3 PM To: on70554 sbaonada.info Subject Attention: Tower issue - 7750 Netherby Road, Niagara Fails, ON At. Joel 9wagerman Fong Interna5onal Inc Dear Mr Swaagernan, I am ;untng in regards to the cell bawuer that is proposed ti rya an one of my neighbors property. It is s7a nge that' had ti find out about it from a neighbor as was received no information about it or had arr idea it uas planned. The neighbor supplied us waith a phctecpy or your brochure, intees.rg how Four phool makes t soak like there. are no other buildings around the sits. I do not want lock out my front pica re taindow and see a large meal roar. I am Ilse ,Lnoeme.d about added int rferexe watts my ri and radio reomion, as r» l as my in net ser .ice. Also the p,3ssibilio? or increasing the level of intirfeencA in the hydro supp1° , dims eleTiotY is not gold r mf ale icsr and ar increase will '3 x my dairying s sterns more Than what 'dteifare. Le.,3k ?or vow d to hearing both sides at the meeT ng or, June 4. Rabin Durilat 15154 Sihi Rd 10 SBA �] 11 From: on70554 sbacanadainfo Sent June-01-12 8:05 AM lo: ' Robin Dudiat Cc Francesca Berardi; spectrum.london@ic.gcca: Conrad.Nahachewsky@ic.gc.ca Subject RE Attention Tower issue - 7750 Netherby Road, Niagara Falls, ON Attachm ents: expert_paneiradiofregueney_updatelpdf; RF and SC6pdf; OSC1382 - Photosims - 7750 Netherby Rd.pdf., Health Canada - Safety Code 6.pdf Dear qob .n -rhark you fh.,- CL Cdrrrir regarcirg the proposed te e,coon in dr, cator ns:ta,!-at on at 7750 Net:herby Road r.! s ' 300 0502 =o, :he de n ,espordng. P ease accept :Hs e-,17 E as ackroky adgerrent that we have rece %red your cor-e soco '-`C.E CC. T e =ohwa-ded Cara da =c, consde,atdn along wth our final -epc 'n c co.-dar ce -e C: %..ag ara r3 Pnc,c.25:5 fc,r Sad.-c; f.,"e zommon;caton F:;t;es and rdust -y Cahada s .7erau,t ,,-ctocc nor: ce o= :he cd-ccosed as 'ra-oed and ow,1es and occupants 6 tn:r a 137 ed-e -ad -us a- toe ohaocsed iccat or ith,-ee :Tr es the tc.,k 2 - gnt n add t.or a not ce was pcsed dire So- 25 N aga:va as on o' ko:agoro Th:s Week =rd aced a fu ..e-on of :re photo s attr oth.2 d.-c. posed "ac,r..tv—,rfoh.-.drux:e 'y due to One slze -Joe =o..-r at. at 2 :o 'pc ude the eotre emOerrg These or otc sl.r.aton.s. snow ng tne :nt. east 5rid :he eee be -rade akajatie vewng at toe ode, hou.-.;2 e sidec7-...'r ;._;271 cn and a care -e "oh :hat T ate s to the car-e, by- .rdustd, Carraoa 4riy ;le 3t :t '7 =Tit- :he = a ;c..c.at-2,7 -r-edue'CC s-e& s .n a se hc...is pena — a -evocattn +.7,' 'One ea dice -cerise cif eec-t.'ke stop a car-2.- f-crr ge cot r Canada Cons deh ing this cense dueoce N Stt- adhe-2s to doe-at ng r the f-e due oo.,, trey nake teen a ,Pcated t tTue that 2 ou ,oh-* E","": ace P ar case 5:at Pr and ad,c...7,- AcC' icat cr.:3 c.^oe -ate cr■ :re sarr e -adrp-f-equenck, Wirt Vies, the f-eque rrcie,r eotea =7, each --espectve de y: Pe are specdftaiN des gned to akiehau: 7-ne oro.,posed tah'I' rte-fe-2 to ary oc,,,ciess device or ce kre_- '"1 yOU" hon.: e rdust-, Caraoa on goy 2-os:re :e .ecorrro ur cat ors rid UST'', "a as r co'iaw -aticto og tr. 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'iegaii ir'ea and an 'rid &as prcetrt :oa ce rsoa 30 c0 , ecud eopow-age you rrd -Fry re seur,de. attached -e . a's..w.e,; as the_ =c,P wing Nebstes. oerer .ng to the ne a th and A=et'.., ,e rr C'cg. 'ac as 5,.ch as the one ocsng • 7-= s -e 3gh . Cert-e c, Pooua' ,on -1eath Asedo-eht =0 'oou ion tea VI U Cta r, : Nrww.rfcom_ca primer bases_shtml SBA111 • 7he at h Ci-zar z: or ic webs rite http: 'xirvwxv.whoint peh- end 'about WhatisE enindex lam! T'nerk you once again 'or tak in. the time to comment trust that th i.s irrf or-mat:ion ip=u ease note that should you v corr ment further on the proposai you IT, USt respond ioithr 21 days or' this tor-esocrdence, rbe R-sent at the oubric open ho e June at the S e e r Community ncete Ice Swage -Tr ar 'OrsiTU rtemaciona' Corsu tent cc- S3A' Canada a to 12 S B A From: Tom Willette <tbwilettelive.conv Sent May -28 -12 3x40 PM To: on70554 sb amnad ainfo Subject ON70554 Ref. SBA Canada Tower Site Cade C*i70554 We are the owners of the property on the north side of Netherby Road, directly across approximately 100 meters from the front window of our house. For a number of reasons we abject to its construction so dose to our residence. Aside from the aesthetics of having a very large and ugly structure situated in dose proximity to our house, there is a great deal of anecdotal evidence that electro- magnetic radiation from these towers have caused health problems in some people. Whether or not government guidelines and the cell industry disagrees with that evidence the fact remains that a number of people do, and those beliefs will lessen the value of properties in this area. In the past industry and government have given their blessings to x -rays, PCBs, asbestos and countless other products that have turned out to have serious side effects that went unrecognized for years, and radiation from'hese towers may be no different In the same vein, reports of interference with other electrical devices have been reported and though likewise these concerns are given short shrift. by industry and government we in the Netherby Road area, are nrairty dependent upon antenna and satellite based techndagy as the telephone lines are long outdated and the is no plan to have them upgraded, and the installation of cable tadrndogy being available to us is not predicted n the irninedrate future. Loss of, er interference with our ament sources of television, computers, and telephones would be extremely annoying if not parentally atastrophic. We realize 'tat arguing health concerns, interference with electritt I devices and loss of property values Ail ail on deaf ears as far as 5BA in concerned but they are all part and parcel as to why people object no having one of these towers close to where they. lure. We also realize that the reason that the federal gaverrumoent has exdu ve jurisdiction of the siting of these we15 is'32 prevent community groups and their lawyers tying up approval for needed infrastructure in the courts tor years. Which brings us to our final argument which s necessity. Is the erection of a new cell phone bower necessar 7 If a new cell phone tower is necessary, is it necessary do place it atthe proposed location? There are pr sentiy two other cell towers along the liagara Faits sectkin of Netherby Road, bath west of this proposed xwer site and both much arther tern Nedierbp Road than the proposed stsuctere as well as a significant distance from any possibly' affected houses. There is a Bell power off car South ICJabel Road, constructed in a wooded area about 800 meters ion Netherby Road, and a Rogers Tower off of MdCenney Road about 300 meters from Netherby Road. The Rogers tower, in particular, has kite on it other than antennae at the top. Why is it not possible for lieind Motile to lease space on one of these towers rather than erecting a new one? Are they too far away or are the companies refusing to loase space? How td SBA choose the site for this borer? The landowner at that address has a small acreage that necessitates that the stung? be dose th Netherby Road and surraurdng residences. This is a rural area with hteraRy hundreds of aces of vacant armband and bush area with no houses dose by that would be affected by the presence of a haver, tut I have not spoken t o any landowner who '+was cant cad by SBA or Hind Mobile in 'flea search fore site. Amer Ieamng of the proposed tower, I spoke to an owner of a large acreage nearby who *cold have been amenable to having the tower on his property had he been asked. Is the sole reason for the tower bcatia► that the landowner volunteered to have rt on hs property and saved SBA from finding a more suitable site, or is there an actual technical reason for it being right next th our houses on Netherby Road? How did Bell and Rogers get their ttuwer locations so right while Niind Mobile, trough its agent SBA, get it so wrong? SBA Canada and 'Oiled Mobile are using the federal governments exdusive jurisdiction to authorize the construction of the Powers to unnecessarily trample the rights and wishes of landowners and render municipal and provincial statutes ineffectual. vie wonder how Industry Canada could authar¢e the location of this tower at this site *hen even a cursory investigation would have revealed that other, more appropriate options were available. Our homes our most valuable asset and, along with our health, should be the priority, of governments to protect from unwonted and unnecessary risk. In this instance, this is not being done. In our opinion, this bower could easily have been placed in an area where there would be lite or no opposition from neighbotrs but SBA has chosen not do so for reasons of expediency. Tom and Barb Willett /13/ Netherby Road Weiland, Ontario L3$ -5r47 (905))384 -2520 13 SBA® From on70554 sbacanadainft, Sent lune-01-12 1031 AM To: 'Tom Willette' Cc 'Francesca Berardi; spectrum.lcndon,gic.gcca; Cenrad.NahachewslcyCic.gc.ca Subject: RE: ON70 554 Attachment expert_panel_radiofrequency_update2.pdf; RF and SC6 pal Deaf Mr. and M , . 'har,k you ft., your corrdi ants ,-egalibg the prox.sed te ecorrm un Cation nst.a:at ion at 7750 Nietherb,,, Road ,n agara Fa , apc log te =or the de 'n responding_ Pease accept this e-rr ei,1 as ark now tedg err e nt that we have race -Ate d yow- rr essage. Your rrrrensHe l'orwarded o tnduszry Canada =or consideration a bag with our final report adld'e55 SC rrt: o," the corce-ns you have ,a-sed r your e-nr a s 7.L.t srid de ,rce 7'7e". 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Sh0+, , cu - ,o,,:thr 21 days 0-7 th 'erSie*.,7 at. :n ub c duel 2C,j5e jne La: 1teen • e Cr_3rn rr u r ty. Joe ''.i.';age--rar -7,.1.;ri7J hte. -rat ona nc :.T.anada Mou e 14 S B A Et From Rick Dekker <rdekkerPlastrrtilenetca› Sent May-30-12 846 PM To: on70554 sbacanadainfo; specti-urniondongic gc.cac fberardigniagarafalts.ca Cc tbwillettegfivecorec Vicki Dekker; rdekkerglastmilenet.ca Subject Tower issue 7750 Netherby Rd, Niagara Falls, ON ref # on70554 Ref SBA Canada Tower Ste Code ON70554 e are upset and quite frankly angered *hen he were recently made aware of this proposed tower that is being considered tc se located ust east of our home With one neighbour between. this thing would be located less than 500ft away!! It was a neighcour who made us aware strangek enough. We moved tc the country' to get away' from such things yet here rye are with the health threats of such units. the aasokite loss d property value let alone it tieing a lightning rod We lock east from our gratio to see the am rise or moon if lie night is right and we are supposed to look at this now! In the pamphlet that as ioistriouted to cur neightour which he was kind enough tc copy for us as we didn't receive one of our own. it say s that you consider local surroundings - although you failed to think that we will be affected living arty 2 doors 3•Aiay from the proposed site. Had our neighbour not informed us of fliistoer we would have t een kept in the dark until it was too late to have a sai Could that have been intentionarr We feel that there has been no consideration for the reail.ints of f tether sy How does a piece of property that small *arrant having such a huge airmtersi)rie. uly tower On it hten our property is larger and yve cant have a horse? No one thought t necessar, for us to t e Ratified having one neighsour in Oettteen us. yet Mien we put up a detached garage every one in the surrouncting area around aUf home was to se made aware Why' does a structure of this size with posatle health concerns not warrant a permit Men we had to seek a permit frame the cty post it on the front of our property for a month so neighsours could read it. pa for a yariance had e several agencies 1.,e us the ok and then have a ',-reeting al it hall that could possibly la the project How Ras this location chosen?? Ohd the owner contad wind -mocile 7.?? Wt would any outfit want to put this right in Ottl magficourhood when there are miles of property ei which it mould affect no one' 'Nhat does the Lana use autiorty have to do with this structure - they don't ive here or owl property reside this tower Do the conader Ile existing families with children and what our est irterests are We unrstanC that the iowner of the property of ihe proposed site doesn't eyen reside there so their concerns of course are non-existent Tefl therm to pi it in their own backyard where they reside. With that ri no and a Pive sy the We cut appear Mat the proposed property likely carries less rattle than itre air-rounding ones. You indicate in your Oemphlet that there are ongoing customer complaint and high 'dropped cai rates What are these nuricers and why can't 3 structure go up tiffiind in the field along the rail tracks Ike the other one jul weI of this ate It *Cilia .3e inter .ting to see how marry complaint were adualb i'rita regarding the loss of phone use N wasnt too many years ago that cell phones JO not exist and humans surytywd. YOU further ihIcated that each geographic area has cells for these towers to determine tie We ,of the tower Haw "Rally iffs are ri that area? The pamphlet says that SEY1 strongly supports co-location on erisbng towersiStruclures • how can they say this ernen there is dearly one just west of tie proposed location. There are 2 towers dose enough for Wind Motile or anyone, else to use and if not stick it somerytiere ,ase. Has anyone even considered ether of these towers and what are the cells surrounding them There is ioutte a tt of land around us without houses Ofi id fall need a new tower and cant use the existing ones to the *ea of the proposed ale. why take the fiSK. Of our health and take our property values with it. I quote 'SBA Canada is commtted to effective pudic consutabon We *we not informed by anyone that has anything to do with this tower vim were lucky enough that our neighoour thought this to our attention. We live 2 doors away from the proposed site and were jvien no heads-up on this tower so if this is how SEA is commiffer on getting information out there for puolic consuttation then their communications skills are lacking 15 S B A 13 Does the heatth of our childrentfamiliesineighbours and our property values mean that ittle to everyone but those of us that this wHI affect'? e now that you can use the existing tower or find a more suitable location to erect a new tower. Ne strongly feel you have many options far more suitable for everyone. We purchased our property with the intent of selling in retirement, in a Wai an RRSP. if this was to happen who would pay fair value. We will see you at the meeting on June r. Rick and v'icKi DekKer 790 riethert,y RO,, RR4 Welland. ON L3E EN7 905-384-1892 rdel(Xer@lastrrilenetca 16 S B A From on70554sbacanadainfo Sent June-01-12 1119 AM To: 'Rick Dekker' Cc Vicki Dekker; spedrum.london@ic.gc.ca: fberardi@niagarafalls.cx Com ad.Na ha chewskytgic.gc ca Subject: RE: Tower issue 7750 Netherby Rd, Niagara Falls, ON ref rt o n70554 Attachments RF and SCb.pdf; ex pert_panel_radiefr equency_update2.pdf Dear Mr. ard M Dekker. Thank 'y'ou c fau, ccrrrr e hts ,egand'ng :he phopcsed Teecur rrur -icaaor nsta' at Or at 7750 Nethehb.v Road n N aeara 'a "s. accidsr ze fra[ :he dea r esacrd r!g Pease accect:hs e-cr,a, as aC3F-Few Fedgerr enc. that we have hece 40ed ci rr essage. Y'CLi7 CCFrrr ehts "c,warded cdustho Canada =c, cczns e acrg wth ou fina4 report to the Cty • agar a 'a Sb 7: add -ass ac -he c' :he carce-rs ;au rak,e sed r e-fr a aCCc7Capc e C N ,ag aca 'a t CcrstaEL-oP P.T17±355fOr re.f.t.3,7orrrrLin;cutjcr. Facilit,es and Ca hada s =au P-cr.cca; nce a., :he c,cpasea '7ao'tv was Taed :c a and cv,,na,s and occ,cants tfr'r 3 13-7-7r C7e 'ad ,z; :he c•-accsed scat dr r-res :he :awe- C add t cr. a nocce Via< pest.ed c 26 %.agaha as Ed cr, a' t.e;dtjard Th:s Week re- :s re a ut: ,.shed cie hce trs ate a&c C-CCe "7, ethte- cosi: ,ve 0,7 regatNe.: Se ces The c w ahav rded c C.T eh: cc the 47, c:F.:6 irg but nc: ited tc rrced phcre ce. and .g?'-spee rze-he: ce arc,,,e 4oe. Tacm,e Tar peapie i:acc :ne c lace -car,: auch as :he 534 has a.-acedar e ai-tc esperse :c g--qt&t' daa and 'n7e'he: e -cs. 53A Cahada s sCE- seecc -acess s a :;3.3rced acc-bacl :r& rh:a acCC,Jrt a hurroe- c =actrc,s rcr.g cccrp, e-gree- rg and .ard 7.17 '5 C-.7.‘s7toZ, nurr be- c' dcaticrs ed:at she se arc.- a- =de,ha-Ted as Car Et =cares ard ar agre ehr e gtwrh ovine -5 c' :ttese arcpe h.. es The have oeed 35 s rg oias cc hsade -e a du- rg7Pe ate aeeccr p-ocess bitdue "..0 a hurr be rc L.O r CS 71arce 'ham :he a'ea, COve iesd t scc -e e stth • :araca gc , e -hs :e ecarrhr crs rdus7.-,. has od IP CC ,abc -at cr. rth -€atb Carada ointa has r a ace a Mae 7.C. gra\ e 7Pe a,...Cpusr. a" C. -Csaca rg eceac,a -rhs code -e'e--ed :c as Safe:). Code 6 g'e Fs- 75 .7 7C e.'ech. Tarr aghe-„c anaadcagrg ende aycur it Canada 'an' AM • ard / :awe -5 :a za-c ess hc,re arches arc g-a7age •ICC' csaere -5 -Pe e5adad whch rav e 37:ached 'cr cs F777. —37 CP Ps .335,_,-E5 7.17,3 s gh,a r ze - a:-r-s--The t rg 5 3.3 - tete- -ed c. sera "ac t, and a.:'a-s .ke t ze-aae i'ar LC DOC r” es be cv, szanda-d 7-h -r e-ars are z-aadcas-.7 .tv a ',Jab e s ar:erra ccre at csdsz'ice ,tPC-.1„■d Tae sgr caw: ss *J-lar a ca-d ess :care -e e ,rs,crs sgra s h_ha: -r a+, ae a ,arate n Ck.' hcere r :c :he 'ac: -.Fax -r ^7 Cr :he - d apt -a:e -ote :re 'raw rrur' e th# Seet Ca-de 6 hc: 'c hc, as !re e ,,e-seth e ec....7at,e pee- -ep, seS szud., !hat de.-rorst-ates a zannecacr be:.weeh hegat eat- e'h-echs 3j ar rdry dua's hck :c 3:5 re:aat cr cdercc-age iou c avew :he "e5C,-Ce 5 ha,.. e ac:3ched he as s as 7'77e rg „vets- Cef; Fae 773-1 Pg 7C 7 ne heath ard see: te „xrcar. cr 'ac es such as:he c he 534 5 a,-C,CCE-..rtg 17 S B A 111 • ..-orT -.he Mt Lagr r Cent =Ty Pcpu'at !or -leat 1,.. Assessment, nsttute Pcpu'at ;cr. -lea Cr ctai http: v,-ww_rfcorn_caprimer:bases_shtml • -Th.e Organ,zatc-n €'4VH.C>+ E7417-'-spe'Cwebste: kitty_ www.whoantpeh- emf about WhatisEMF enindex _hum' arICE- again =Cr :a,:rg 'the t'rre comrre.,,,t, I t,,u-st that the in,7orrr at ion p,cv,del is He ease ric,:e :hat shoL.'d sh t.: ccm er,t Grt the csa rr us: 'espord thr Ja.is :o—espondelce c p-esel,_ 5: cr..en no,ise cr, June at' e Corr rr'un ty svce-e v ="C"7.1•7 rc Ca-'d a 18 SBA El From K Edwards < katwards ©yahoocom> Sent May -30 -12114 PM To: on70554 sbacanadainfo Cc spectruratondong icgcca Subject Re cell tower application 7750 Netherby Road, Niagara Facts, ON To: Joel Swagerman - FONTT2R international Inc_ From Kathleaf Edwards - 8001 Netherby Road: Niagara Falls. ON Dear Joel Swagerman I am sending you an angel to inform you of the concerns of our neighbourhood about the installation of a cell tower-. We are all pretty mnch upset about the location which would prove to be unpleasant to anyone_ I feel the tower would be better Baited to a more opal area that placed the tower far from any housing_ The location on Netherby Road which is located amongst some pretty dose neighbours not only would be unsightly but would probably have some health issues that may warrant a location farther away. There i s slot of opal area in our neighbourhood where I am sure the tower would be just as useful in an open field_ I know that people that own the op of area wound this neighbourhood are only too willing to give the option to place the tower on their Land whiten would be better suited for it - Appaem1v. ire is a fee pad for basing a tower on your property. I think everyone along this road should also benefit cos wise since I am stare property values wd1 fall once that tower is there for all to sex_ We choose to live in a rural environment which has is on struggles and to add the placement of something that is mostly for urban use such as this cell tower does not give respect to our lifestyle I ook f ard `o the meeting in Stevensville on June 4 to he and voice more opinions about this matter Thank you. Kathleen Edwards ps can you please respond 'c the receipt of this email to ensure that it would be included in the meeting of June - thanks 19 SBAEI From Ed Edwards .z edwa0001 ©hotmai.com? Sant June-03-1211:39 PM To: on70554sbacanada.info Cc rcb,nicholson4partgc.ca Subject Objection to Proprosed Cell Phone Tower at7750 Netherby Rd TO: Jxr S 3ageman Forma IQmIL'at:anal Inc. 3C East Seaver Creek Road Swim 1 <t? Ri.:hmodd Hilt, ON L413 1J2 1 am :vrnnf to stare for the re: out Fails; ON. The rw actapletely cut of wale with the smart aCjb enr rural r idearai o rassun *r of Yedasrtr=. This Sld stria( he most dominant iature of the skytidr for the aeie trhourho+od and furfisrmore rxs3377317: impact Fsopert cahmes in mean aocsmunit•.. :tte:acc a the pia- anent of a 45 meter cell phone tower at "`a;' etl?ezt1 Road.. Nazar' -tare will tie :attermtte.. 1 and diets it hisreislhcmfnc+,: are he :hob doe a ;r-czems het a re`sd c avoing :newt cc raasaucc. =pin! research cctManes to irate pc thaI 1? -1fcts on Ire !rabic of tbcse 1 i4iae near mi scw = r at:, n 1 smoas lv mat icon to ir7 rte rise ;ads efraaao i and more h is vwer away from *a heroes of aearb6 residm*. -'ten is 3c much :are asp: of aaant and ohmic he mrroorrdre 3r".a tat act ac ? der nearby nit were rat steal d. 's know-tat Krr4 r&-cers ci m3arts- ar`a plots wit. 'mad wed away from residemes were NOT:camead as 'her they would be w llicz to hart 3 . ell rw3K 1c+:aaed cc ten propertz If pits is true =chti nor SBA and WIND decd to :cons[.: :rosirt+e 1r° anpact t e or he az=acic _ lock at ail possible sees and select he one tat rat mak, addrenes fir deeds bar a 3v n r �r 3a - primer'` :.dues and h t ccsidectr. ci to local pclula a 1 some c mien sd'lu t arks x3Ct3 are aui a minim ertaerrani a proposiek,et r place a :ell tower oc tea properte j.: ±c ae isc, jrat from. aews media rep:rm. it seems star ".tc^Yercarob:al:c m x es. re„ pecpl =mot jail: :Canada, but h _ountc- 33rcrad :he z-iodd, at not jug tudc€[cao eprxda 3 e baehtcrunsr.ehds s••xa cr cr near tea residential amdr¢iai as:aa Terse ewers h tioa < h ,Barra' zones. act :c or cear re. trial and =I properties if sendo ttixts to be provided m. a ma: m r r6Fa1 zoer. tea pir+rls thcaid rgC pcie sop boxes which are moth ins afasive more ',.F91x1; v- e'r�cieti xr safer 'tan ierle 1: ^•mss ?topic hurl = lo.v "ha - `heyIf?: her_. Dc 3 Fcseie 3earh cn 3e'3 _ass 5ast radio arbe ior mere info_ girEfil.717 .F pr. pcaed , tiertterb�: site shcoid to dead. sec Jere et :as jute 33 srtrable nearby sins nth : . or an c e3a.e ffecr-s en ter _ALLEC 3 of he hers:.•:- 3r3a. =,rht icte, SBA and WIND de d a ex vrni r -lhr• ?OS srbttirc c erarr nsee ±o mPe x ec-eri build 3 tiler' :-uerrr strse- c2-che -art pole --rap . r•rr•.*racimricc equipment ?D sates a their wet part tar __ -a.ct m tee vein ideas x how-to make Cariziac e e better'. 1-0rid hope tey firm they c. _nip: heir :ustcmers d.a_ and ? caverns. hot also lost :ha are or maybe. near c hen oeu one towers. WIND and SBA shcuid and crust 30- fi ;cod cad •c ors. as F omd a expo-rate expo-rate a is e as. ThArli- 'woo. =drat_ girds NetahwaRoad Fa4 Welland, ON 5N- 20 SBA �}]� From on70554sbacanada.info Sent June-01-128:18 AM To: 'K Edwards' Cc 'Francesca Berardi'; spectrurn.london@ic.gcca; Conrad.Nahachrenisky@ic.gc.ca Subject RE cell tower on 7750 Netherby Road ar "yls- Edwa-cis. 'hark au #cu - ccnrrr ents -egadr g the proposed :e ecorr nrs un Caton nstalat bn at 7750 Nethe,by Road n N aga--a =a s. apc,ca Le. 'a- the ri 'espand'ng Piease accept this e-rr a::] as acne w edgerrent that we hate fete 'Ned v U7 essage. "CU :err rr ents fon-waded to ndustnv Carada for cansCe -at ion, along with our final re port_ The s a,_; : shed ev 'de ice 7lar. StTUCtU,'-eS C11 i 5 nature affect drape ty values ether post ,vvelv regatv e :nes e Cu t: C cdad lov eau eqirrent on the proposed 'an nclud:ng but not .Srr ted c red ser-v ce and he-speed nte'-net se te prove to be at-ace to nr ar v cp r!. fac, the placement o' 7.C..s such as the o ^.e S.i0X n as c,coosed a'-e a inert espcn!_;e to custom demands 'a h gher-duatv data and nte—e:sem-ces, Canada wh-c^ gcv e-ns7qe iecorrem Jr cat ors has ,vc.nved n coac a:on tn Carada ic r a- ace a se e-`20 code c gave—, the c:utout a= broaticarg endeavours Tins code '-elre.--ed to as SCiET'r COr_ 5 , e--s tne rr ts 'Parr en ev.pre tOe tect-ornagnetc feds 'Fa, an trCaticatz.: Pg e'rr1eaxCl.7, rt Canada, 'F--onr A =V arc i :s,we -s to mnct ss horr e prones and garage door,- opene-s T'f,e standard whd, have attached fc cur r`o a z cr east e _ s _- d d t' ctgr.a ' r scruaed—the rrr t.e ng 5 33 -.vat-3 mete' so-a - cset5 'at t„, ar trear e c'e :van C XC trr es be evi 5 5.7 art.da -d This means that- -oadcas: -cm N,N=._ 1.1C• s an:enra re du crrent at sc.d ace OD:1 IC De ntcij ess than a ccc ess phone a- A1 =VI cr tee son sgna is that mav be avadac e in you' herr e r add t tc" tre '7-act : nat eou'orrent tne e wli operate 'ove ii be Ow the 'max rlruvr eabiSined b Safet, Code 6, '5-, •". as :he e :eve' en a utat ie pee- reNieed stuth e scence that de mon-so-a:es a tonne ,cr oe negat've ne a t and ar r dlv vdua,s rr t :c a ce rsta 'at on CU ert.Cr:.,_irage vcu -ev e-w :he E3 e attace d -e as we as the +Clow rg webstes ;se ing to the heath ar4i Ifet.v, of ecorrrr L,r cat 'at 'it les skich as the one 53A is aro posir,g. • = -cm tine :kicLaughcr Certe for Deutcs1 i-ieath Assessrrent tuta '07 qDptl Cn leath ove--stv' o aw al: http: Ns-vox-it-corn_ ca primer haSeS_Shtnti • -"ne id* ath Cg anizat ion 'W'-'11.7.± crf ic webate http: w-ww_whointpeh- emf about. WhatisENIF en index .htuil :rce agar cr :a ng :he :Tr e c.r..Amm e that the r,orm at on or,..^..vded aeri e ase .817. .4'c :C CCrr ent =u,'!"*.?" "±"..e. ccsa vr.,u rjs z: ,vithr dsfh a e Z.,ut ze c •sie on Jure 4 at the Se 4e.r,cv e Corr. mur -la nce Joe age', CNJ rte -re-tiara r-,c Cznsu tart 4 Canada a'-,d ••■‘," 21 S B A la APPENDIX E - PUBLIC MEETING SIGN-IN SHEET FONTUR Inlernatonal 30 E0 Ben' Cff:ek, 104 12;chrncrd ,i15. ON L43 I i2 SBA Sign-in Sheet Public Information Session - Proposed Telecommunication Tower located at 7750 Netherby Road, Niagara Falls 04/C6/201 2 Name (Please Print) 7.5. }:tt 1 22 Address Signature 7737 /lh rtigiegf V)1 .4-.4/D 47r :1 16 r i_3/.5s47 +?-4. k 1: , dc,(1, L313 704-4 Jd) L3 A (44 SBA ag 23 APPENDIX F - WRITTEN CORRESPONDENCE FROM PUBLIC MEETING SBA® FONTUR FONTUR International Inc. 30 East Beaver Creek, Suite 104 Richmond Hill, ON L4B 1J2 Comment Sheet RE: Proposed Telecommunication Tower located at 7750 Netherby Road Public Open House - 04/06/2012 NAME (Please Print): 6£ -7 ADDRESS: COMMENTS: ( 9 5) r (;)54? d SBA WINS //9‘-//9 A;;:i 5',L n,d7:- /- Sif /7 a) ,,`-b4 1,(//4te 77-r° c/c?-e)e; Nave . / ` - Y-4// >o. Lju ,,ezrpiwa-a,a,ey' 2 SIGNATURE: fir,17( C� FONTUR FONTUR International Inc. 30 East Beaver Creek, Suite 104 Richmond Hill, ON L4B 1J2 :SBA WIND Comment Sheet RE: Proposed Telecommunication Tower located at 7750 Netherby Road Public Open House - 04/06/2012 NAME (Please Print): ADDRESS: ) -(-6t)cAc(7- 04 moor ti 4\e67 -cac -( Cc06, c COMMENTS: L113 S`kJ 7 repARds2,-*-tio& 't3(4 61 •AL)D ? ai9 e SIGNATURE: c4a2 F-L,Act-) FONTUR FONTUR International Inc. 30 Easf Beaver Creek, Suite 104 Richmond Hill, ON L4B 1J2 Comment Sheet RE: Proposed Telecommunication Tower located at 7750 Netherby Road Public Open House - 04/06/2012 NAME (Please Print): ADDRESS: BCO (\\e‘a() COMMENTS: ctT SBA Di N 0 e(,kac?{I) ok) LT3 t3 Ki .nA2ILA rW �e C 't Pea (G-1 (rL, RQv e 9(a c,2 cam, AgDArLiNce. f SIGNATURE: n J4i fr(4,001(V FONTUR FONTUR International Inc. 30 East Beaver Creek, Suite 104 Richmond Hill, ON L4B 1J2 Comment Sheet RE: Proposed Telecommunication Tower located at 7750 Netherby Road Public Open House - 04/06/2012 NAME (Please Print): j 'ELA ADDRESS: t r gaol 2'1'kerb 54 i SBA DI WIND COMMENTS: • trJ L4 farerme+ers "-ham .IoCa+' Rg e.i let n�i &K'�ar`to �3 stt? 7 4 def -erhti t +^Cri. ue( Wkce4 rorj n.er erg. -'Ices i - kg Ore c +-0 1.,f,c 44e, Ce (f -hoer af, 4kefr r p r f l act% ? 3. Where amm. -tt c og.e r tAI t /0 -oleo ih illstatC geiVew. % I.Jka -t efeer Qrt Le,.s-e ltd -fffi axe g -fe ri t SIGNATURE: rsfi as G ��T KC' (il;r ird'ictsfeu 7 1 C�. FONTUR FONTUR International Inc. 30 East Beaver Creek, Suite 104 Richmond Hilt, ON L4B 1J2 SBA fir✓ WIND Comment Sheet RE: Proposed Telecommunication Tower located at 7750 Netherby Road Public Open House - 04/06/2012 NAME (Please Print): ADDRESS: 15 ! 8 '\ \\\ c)\ ‘-` 'k- ON 3 35 I COMMENTS: 1Ocv@ W G fibT O(A`CZ F�6�1 �1CrTu uo vy-)-0c-J (` 0.3 t 'h Cc OSs E C ? .ail 7cs i= -1 -e J a t,� 'i �f `� . c cx_e o F 'ter 2U Fe)-2-T- SIGNATURE: SBA 01 FONTUR FONTUR international Inc. 30 East Beaver Creek, Suite 104 Richmond Hill, ON L4B 1J2 Comment Sheet RE: Proposed Telecommunication Tower located at 7750 Netherby Road Public Open House - 04/06/2012 NAME (Please Print): 1_12A e f H ft4 1 CH A-ut �i✓ FIND ADDRESS: L Si 33-- Sc-N 1 H L R O . ) 2- t,L)4,./ j� } aNc 1..3 3 51.) COMMENTS: 77-ue 4)-e-ruet11 PyL,od.-?,1(}) . GL.-c,e/ Air (--44/ ■ SIGNATURE: 1 FONTUR FONTUR International Inc. 30 East Beaver Creek, Suite 104 Richmond Hill, ON L4B 1J2 Comment Sheet RE: Proposed Telecommunication Tower located at 7750 Netherby Road Public Open House - 04/06/2012 NAME (Please Print): SBA el ADDRESS: J165 ryel- -JrL170/ R wf//( o L366/117 COMMENTS: e \ 0-w\Vosv,-- \.,a6r\ k � � des c s, �� eL occrs-o eaCk\N “y3, cs1 c r)r) S °*C- (31-)W 'N-Q-3"1\2CL \C)c, ckA_A(') itO 24 APPENDIX G - VISUAL IMPACT REPORT SBA® dl � \1 tyNGINEERING PROFESSIONALS August 3, 2012 SBA Canada 468 Saint -Jean Bureau 400 Montreal, Quebec, H2Y 2S1 Attention: Ms. Melissa Yu - Site Development Subject: Visual Impact Study for proposed 45.7m (150 -ft) Monopole Communications Tower SBA Canada Site: ON70554 -B Netherby Road 7750 Netherby Road Welland, Ontario Dear Ms. Yu: Tower Engineering Professionals, Inc. (TEP) of Raleigh, NC completed a Balloon Test - Visual Impact Study for a proposed 45.7m (150 -ft) monopole communications tower located on a parcel of real- estate identified as PIN: 64247 -0163 by the Regional Municipality of Niagara, ON. The current street address for the property is 7750 Netherby Road, Welland, ON. The proposed monopole communications tower will be located on the southeastern portion of the property, approximately 105m (- 345 -ft) south of a portion of Netherby Road and approximately 130m (-427-ft) west of a portion of Schihl Road. The balloon test was performed by George Swearingen of TEP on the morning of Thursday, July 12, 2012. The weather at the time of the balloon flight consisted of temperatures ranging from -19° to 21° Celsius (-66° to 70° Fahrenheit). The atmospheric conditions were sunny with scattered light clouds and the winds were calm. TEP personnel deployed an approximately 7 -ft diameter red balloon at an elevation of 45.7- meters (150 -ft) above ground level (AGL). Throughout the course of the flight, the balloon did not waiver from its apex due to the calm winds. Therefore, it is the opinion of TEP that the balloon flight is an accurate depiction of the proposed tower's approximate location and elevation above ground level. The photographs were taken with a Nikon D3000 SLR Digital Camera set at 35mm, in an attempt to most accurately mimic the view of the human eye. Enclosed herein you will find the Balloon Test - Visual Impact Study Map and Photograph Rendering Pages depicting the results of the balloon test from five (5) predetermined addresses located in the vicinity of the proposed tower site, as directed by SBA. The predetermined addresses are as follows: 7905 Netherby Road (western 11152 Huron Street, Suite # 210, Northglenn, CO 80234 (303) 974 -5625 rmalek,@atepgroup.net ei Pk O W E R ENGINEERING PROFESSIONALS neighbouring property), 8001 Netherby Road (northwestern neighbouring property), 7737 Netherby Road (northern adjoining property), 15135 Schihl Road (eastern adjoining property), and 15184 Schihl Road (eastern neighbouring property). TEP personnel obtained photographs from the intersection of the public right -of -way and the driveways associated with the aforementioned properties. In addition, photographs were also obtained from within three of the properties in question when access was granted by the landowner. The balloon test photographs and subsequent photographic renderings were conducted in attempt to provide SBA Canada with an accurate depiction of the visual impact that the proposed communications tower may have on those properties. Proposed landscaping renderings were requested for three of the aforementioned properties: 7905 Netherby Road, 15135 Schihl Road, and 15184 Schihl Road. In the renderings, TEP inserted three (3) approximately 3 -meter (l0 -ft) tall White Spruce trees (Picea glauca) to depict the potential visual impact mitigation. According to the Ontario Ministry of Natural Resources, White Spruce typically reach a height of 24- meters to 30- meters (78- ft to 98 -ft). The White Spruce tree renderings for Photo Location 4 (15135 Schihl Road) are not visible due to the presence of the house and garage between the proposed tower and the photo location. See the attached Balloon Test — Visual Impact Study Map for a depiction of the photo locations. The result of the Visual Impact Study concluded that the balloon was visible from all five (5) aforementioned locations. See the Photograph Rendering Pages for a depiction of the proposed 45.7m (150 -ft) monopole tower from each of the aforementioned locations. Please don't hesitate to contact me if there are any questions or concerns with regards to the proposed undertaking. George T. Swearingen, III Environmental Division Manager 1 1 152 Huron Street, Suite # 210, Northglenn, CO 80234 (303) 974 -5625 rmalek@tepgroup.net E LOON TEST - VISUAL IMPACT ST' ON70554 -B NETHERBY ROAD PROPOSED 45.7m (150 -FT) MONOPOLE COMMUNICATIONS TOWER 7750 NETHERBY ROAD WELLAND, ONTARIO 2 _• :z e _;. y to - ck;e' $g1 ' earth meters 700 feet 2000 ' LEGEND ID Site Location • Photo Location PHOTO LOCATION 1 CI RRENT VIEW PHOTO RENDERING SBA nn) Network Services Inc SITE NAME. ON70554 -B NETT -IERBY ROAD SITE ADDRESS. 7750 NETHERBY ROAD. WELLAND. ON VIEW FROM LOCATION I - 7905 NETHERBY RD (SEE SLAP BELOW ) --N4T'57'4423"W79.T7306- DISTANCE FROM TOWER- - 3I5m/0.32km (-1035)00 ?OmO) PHOTO RENDERING PROVIDED BY TOWER ENGINEERING PROFESSIONALS, INC. Li- C1 RRENT VIEW PHOTO LOCATION 2 PHOTO RENDERING SBA Network Services Inc SITE NAME ON70554 -B NETHERBY ROAD SITE ADDRESS 7750 NETHERBY ROAD, WELLAND, ON VIEW FROM LOCATION 2 -8001 NETHERBY RD. (SEE MAP BELOW) -N42" 57'44 85' W79` 7' 51.05" DISTANCE FROM TOWER 495rz,0 49km (- 1,525Ri0. 3m0 PHOTO RENDERING PROVIDED BY TOWER ENGINEERING PROFESSIONALS, INC. 4' PHOTO LOCATION 3 CURRENT VIEW PHOTO RENDERING SBA npl Network Services Inc SITE NAME. ON70554 -B NETHERBY ROAD SITE ADDRESS. 7750 NETHERBY ROAD, WELLAND, ON VIEW FROM LOCATION 3 -7737 NETHERBY RD. (SEE NIAP BELOW) -N42° 57' 44 78" W79° 7' 29 96" DISTANCE FROM TOWER - 122mA) l'_km (- 400t1,0 0Sm ) PHOTO RENDERING PROVIDED BY TOWER ENGINEERING PROFESSIONALS, INC. PHOTO LOCATION 4 CURRENT VIEW PHOTO RENDERING SBA »1 Network Services Inc SITE NAME ON70554 -B NEI-HERBY ROAD SITE ADDRESS. 7750 NETHERBY ROAD, WELLAND, ON VIEW FROM LOCATION 4- 15135 SCHIHL RD- (SEE NLAP BELOW) -N42' 57' 43 47" W79° 7' 23.36' DISTANCE FROM TOWER_- i 7011i01710n(- 557ft,0.1ia ) PHOTO RENDERING PROVIDED BY TOWER ENGINEERING PROFESSIONALS, INC. PHOTO LOCATION 5 CURRENT VIEW" PHOTO RENDERING SBA Network Services Inc SITE NAME ON70554 -B NETHERBY ROAD SITE ADDRESS 7750 NETHERBY ROAD_ WELLAND. ON b IEW FROM LOCATION 5 - 15184 SCHIHT RD ISFE MAP BELOB -Nl_' 57. 40 79- V, -9` 7 _- 32° DISTANCE FROM TOWER - 150rr4151811 -1000 0)9.1 PHOTO RENDERING PROVIDED BY TOWER ENGINEERING PROFESSIONALS, INC. \� TOWER "10 bob ENGINEERING PROFESSIONALS September 4, 2012 SBA Canada 468 Saint -Jean Bureau 400 Montreal, Quebec, H2Y 2S 1 Attention: Ms. Melissa Yu - Site Development Subject: Visual Impact Study for proposed 45.7m (150 -ft) Monopole Communications Tower SBA Canada Site: ON70554 -B Netherby Road 7750 Netherby Road Welland, Ontario Dear Ms. Yu: Tower Engineering Professionals, Inc. (TEP) of Raleigh, NC completed a Balloon Test - Visual Impact Study for a proposed 45.7m (150 -ft) monopole communications tower located on a parcel of real- estate identified as PIN: 64247 -0163 by the Regional Municipality of Niagara, ON. The current street address for the proposed tower site is 7750 Netherby Road, Welland, ON. The proposed monopole communications tower will be located on the southeastern portion of the property, approximately 105m (- 345 -ft) south of a portion of Netherby Road and approximately 130m (- 427 -ft) west of a portion of Schihl Road. The balloon test was performed by George Swearingen of TEP on the morning of Friday, August 24, 2012. The weather at the time of the balloon flight consisted of temperatures ranging from -16° to 18° Celsius ( -61° to 65° Fahrenheit). The atmospheric conditions were sunny with clear skies and calm winds. TEP personnel deployed an approximately 7 -ft diameter red balloon at an elevation of 45.7- meters (150 -ft) above ground level (AGL). Throughout the course of the flight, the balloon did not waiver from its apex due to the calm winds. Therefore, it is the opinion of TEP that the balloon flight is an accurate depiction of the proposed tower's approximate location and elevation above ground level. The photographs were taken with a Nikon D3000 SLR Digital Camera set at 35mm, in an attempt to most accurately mimic the view of the human eye. Enclosed herein you will find the Balloon Test - Visual Impact Study Photograph Rendering Pages depicting the results of the balloon test from a property located at 7905 Netherby Road (western neighbouring property). TEP personnel obtained photographs of the balloon from multiple locations on the property in attempt to provide SBA Canada with an accurate depiction of the visual impact that the proposed communications tower 3703 Junction Blvd., Raleigh, NC 27603 - (919) 661 -6351 gswearingen@tepgroup.net i' \ \1 kV kV ate` ❑ E ENGINEERING PROFESSIONALS may have on the property. Proposed tower and landscaping renderings were completed for three of the photo locations on the property. In the renderings, TEP inserted an approximately 3 -meter (10 -ft) tall White Spruce tree (Picea glauca) to portray the potential visual impact mitigation. According to the Ontario Ministry of Natural Resources, White Spruce typically reach a height of 24- meters to 30- meters (78 -ft to 98- ft). Also attached are photographs of the balloon from three additional locations on the property. The approximate location of each photograph is depicted on a Google Earth aerial photograph which has been inserted on each photo rendering page. Please don't hesitate to contact me if there are any questions or concerns with regards to the proposed undertaking. Rega s George T. Swearingen, III Environmental Division Manager 3703 Junction Blvd., Raleigh, NC 27603 — (919) 661 -6351 gswearingen @tepgroup.net PHOTO LOCATION 1 CURRENT VIEW PHOTO RENDERING SBA %Qt:work. iPr\Ji!-eC 7rlf SITE NAME: ON70554 -B NETHERBY ROAD SITE .ADDRESS: 7750 NETHERBY ROAD. WELLAND. ON VIEW FROM. LOCATION 1- 7905 NETHERBY RD. SEE: A490 B01.0W -Nl_' 57' 41.71'- W79' 7' 1150.. DIST A7CE FROM TOWER: v3= ..u0.511n -- 1;P1';t4121 , PHOTO RENDERING PROVIDED BY TOWER ENGINEERING PROFESSIONALS. INC. PHOTO LOCATION 2 CURRENT VOW PHOTO RENDERING SBA Network Services inc SITE NAME: ON70554 -13 NETHERBY ROAD SITE ADDRESS: 7750 NETHERBY ROAD. WELLAND. ON VIEW FROM: LOCATION 2 -7905 NETHERBY RD. f SEE MAP BELOW) -N42" 57'41.00" W79' 7' 44.60" DISTANCE FROM TOWER: - 332m/0.32k .092ft/0 21 mi) PHOTO RENDERING PROVIDED BY TOWER ENGINEERING PROFESSIONALS, INC PHOTO LOCATION 3 PHOTO RENDERING SBA »l) Network Services Tnc SITE NAME: ON70554 -B NETHERBY ROAD SITE ADDRESS: 7750 NETHERBY ROAD. WELLAND. ON VIEW FROM LOCATION 3 - 7905 NETHERBY RD. i SEE MAP BELOW i -N42' 57' 41.60" W79" 7' 41.74- DISTANCE FROM !'O WER: - 270m/0.27k - 0865/0.1 7 mi i PHOTO RENDERING PROVIDED BY TOWER ENGINEERING PROFESSIONALS, INC. PHOTO LOCATION 4 CURRENT VIEW SBA )9)) Network services Inc SITE NAME'. ON70554 -B NETHERBY" ROAD SITE ADDRESS: 7750 NETHERBY ROAD. WELLAND. ON VIEW FROM- LOCATION 4- 7955 NETHERBY RD. i SEE MAP BELOW -N42' 57 41.90` W793 T 43.85- DISTANCE FROM TOWER: - 318m/0.32km - 1.045f0020mi PROVIDED BY TOWER ENGINEERING PROFESSIONALS, INC. CURRENT VIEW PHOTO LOCATION 5 SBA Network services Pic sITE NAME: ON70554 -B ,NETHERBY ROAD SITE ADDRESS: 7750 NETHERBY ROAD. W ELLAND.ON VIEW FROM: LOCATION 5 - 7905 NETHERBY RD. (SEE MAP BELOW) -N42' 5T 4215" W79' 7' 41.30" DISTANCE FROM TOWER: - 264m/0.26km - 866t1/0.16,I) PROVIDED BY TOWER ENGINEERING PROFESSIONALS, INC. PHOTO LOCATION 6 CURRENT VIEW SBA N?twork Services Tnc SITE NAME, ON7055 - -3 NETHERBY ROAD SITE ADDRESS: 7750 NETHERBY ROAD. WELLAND. ON VIEW FROM: LOCATION 6 -7905 NETHER3Y RD. i SEE NI AP BELOW' -N42' 57. 42S I" W 79' 7' 13.6I3- DISTANCE FROM TOWER. - 317m/0_32km 1-060510 PROVIDED BY TOWER ENGINEERING PROFESSIONALS, INC. CD- 2012 -09 Niagaraaalls September 25, 2012 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falis, Ontario SUBMITTED BY: Clerks Department SUBJECT: CD- 2012 -09 Buskers RECOMMENDATION That staff solicit comments from the appropriate BIA's (Business Improvement Areas) on whether they would like to see changes to By -law 99 -16, the by -law regulating the playing of musical instruments in public places. EXECUTIVE SUMMARY The bylaw regulating the playing of musical instruments in public places came about from the request of business stakeholders in the community. The by -law preserves the public realm from commercial activities and prevents additional congestion on City sidewalks in the tourist core. Nonetheless, the activity of busking may provide some vibrancy to a community or area of the City if the proper controls are in place. It would be prudent for Council to get input from local BIA's before contemplating legislative changes. BACKGROUND Busking or street performing is defined as the practice of performing in a public place for tips through the passing of a hat or other receptacle to collect donations. Buskers may play musical instruments or demonstrate another skill that impresses the passing public. Some municipalities allow or tolerate busking in public places (parks, sidewalks etc.), others may have a licensing scheme to control and limit buskers after auditions (i.e., in the subways of the TTC) and other municipalities may have strict regulations only permitting the practice in association with special event permits. In 1999, Council passed a by -law 99 -16 to regulate the playing of bands and musical instruments on any highway, park or public place in the City of Niagara Falis. The staff report at the time noted that: "The City receives from time to time, complaints from citizens, store owners and the police regarding individuals and groups who stand on the sidewalks and play musical instruments. Most of the locations chosen by these people are in the busy tourist core. As a result, the sidewalks become congested and other people using the sidewalks are inconvenienced." September 25, 2012 - 2 - CD- 2012 -09 Staff has received a request from a street performer to amend Council's by -law as it will be a boon to civic life and encourage arts in the community. The requestor points to the licensing scheme in Toronto and Kingston, as an example how the municipality can manage the process. ANALYSIS /RATIONALE As noted in the background, the enactment of the by -law was in response to complaints by local businesses. In Niagara Falls, attempts to "busk" have been in high pedestrian traffic areas (Queen Victoria Park, Clifton Hill and Victoria Avenue, especially in front of the liquor store). The areas within the City's jurisdiction (Clifton Hill and Victoria Avenue) have relatively narrow sidewalks and do get congested in the summer months. Allowing buskers without any control or designated spots, would cause safety issues. City By -law staff receives regular complaints from business owners and BIA's when buskers take to the public sidewalk to ply their trade. This past summer the Victoria Centre BIA was especially vocal about increasing encroachments in the public realm (signs and other items) and the presence of panhandlers in the area. It should be noted that there are other options available to street performers within our municipality. Zoning permitted, there is nothing preventing buskers from being on private property with the permission of the owner. Also, this Labour Day weekend saw a sponsored busker festival in the Downtown BIA. As the impetus for the by -law was from local business stakeholders, if would be appropriate for Council to solicit input from the pertinent Business Improvement Areas to get their feedback before Council contemplates any amendments or repeal to the by -law. FINANCIAL /STAFFING /LEGAL IMPLICATIONS By -law 99 -16 is in place. The by -law would have to be repealed or amended to allow buskers in the public realm. CITY'S STRATEGIC COMMITMENT Awell- planned City. Use design guidelines to improve the urban aesthetics of commercial developments. LIST OF ATTACHMENTS ✓ By -law 99 -16 ✓ Request from Derek Orr, excerpt of licensing by -law from Kingston and an application blank from Toronto. Recommended by: Respectfully submi rcrr d: DI Dean Iorfida, C,ify Clerk U �k Ken Todd, Chief Administrative Officer CITY OF NIAGARA FALLS By -law No. 99 - 16 A By -law to regulate the playing of bands and musical instruments on any highway, park or public place in the City of Niagara Falls. WHEREAS section 237 of the Municipal Act provides that by -laws may be passed to regulate or prohibit the playing of bands and musical instruments on highways, parks or public places. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. In this by -law, "band" means one or more persons gathered together for the purpose of playing musical instruments; "City" means the City of Niagara Falls; "Council" means the council of The Corporation of the City of Niagara Falls; "musical instrument" means any device or thing that is capable of making a sound; "public place" means any building, structure or place which is owned by or under the control of The Corporation of the City of Niagara Falls. 2. No person shall play a musical instrument on any highway, park or public place in the City. 3. No band shall play musical instruments on any highway, park or public place in the City. 4. (1) Any person or band who wishes to play musical instruments on any highway, park or public place in the City must first obtain permission from Council. (2) A written request must be submitted by any person or band to Council at least 4 days prior to a regularly- scheduled Council Meeting, setting out the date, time, duration and location where a person or band wishes to play musical instruments. 5. Council may refuse the request referred to in subsection 4 (2) or it may grant permission to such person or band on such terms or conditions as Council may impose or require. 6. Any person who contravenes any section of this by -law is guilty of an offence and on conviction is liable to a fine of not more than $5,000. Passed this e*_: ty -fifth R.O. KALLIO, ACTING CITY CLERK First Reading: Second Reading: Third Reading: January 25,1999 January 25, 1999. January 25,1999. day of January WAYNE THOMSON, MAYOR (9/17/2012) Dean lorfida - Request to address city council From: To: Date: Subject: Attachments: Derek Orr <derekloveschikako @gmail.com> <diorfida @niagarafalls.ca> 8/28/2012 12:54 PM Request to address city council city hall letter.odt; Kingston .pdf; Toronto.pdf Dean lorfida City Clerk for Niagara Falls Ontario, City Hall, 4310 Queen St., Niagara Falls, ON Mr. lorfida, With this communication I am asking for time to address city council regarding city by -law No.99 -16. It is my hope to persuade council to amend section 4. (1) to enhance council's power to allow for street performances through a comprehensive process that will alieviate their need for direct involvement and ensure a responsable delivery system for the arts to be enjoyed by the citizens of Niagara Falls and visitors to our fair city. As a native of Niagara Falls who has been involved in organised street performances in other cities, I'd? like to help make this boon to civic life through the arts to my home. I will give examples of how the process is implemented in Kingston, Ontario and Toronto, Ontario. I will explain how the process can be managed in a responsable, fair and equtable fasion. The profession of street perfomance is respected around the world with educational institutions providing degrees and certificate programs for it. I am a member of "Harp of Tara" which organizes a very active program in support of Irish Traditional music and dance and am a 35 year member of the Niagara District Olde Time Fiddler's Association. As an experianced public peformer of 28 years I'm inspiered to help bring the people of Niagara Falls and visitors here the benefits of live performance art. (9/17/2012) Dean lorfida - Request to address city council Please let me know a date and time that I can address city council on this issue. I ask that you respond to me by email at voyager325 @hotmail.com . I can also be reached at 289 - 296 -5514. Attached please find copys of application forms and rules that are used to obtain street performance licences in both Kingston and Toronto. Thank you for you time and attention to this matter. Best. Derek Orr 4399 Queen St., Apt. 6, Niagara Falls, ON City of Kingston By -law No. 2006 -213 Page 33 SCHEDULE S -4 STREET PERFORMERS Applicable to: Every person who proposes to perform on a sidewalk within the City of Kingston, Exemptions: The requirement for a "street performer license" does not apply to a person registered with the Downtown Kingston Business Improvement Area who performs as part of the annual Busker Rendezvous for the period of that event Reason for Licensing /Conditions: Health and safety - Ensure that the performance will not endanger the public Nuisance control - That the streets and sidewalks are clear for pedestrians, and that no performance is stationary long enough so that noise becomes a problem Annual License Fee: As prescribed by by -law 2005 -10, as amended. (By -law No. 2006 -213; 2008 -16) Application Circulated to: Kingston Police Special Conditions: In addition to the General Regulations set out in Part 4 of the by -law, the following special conditions apply to every street performer: (1) an applicant shall be at least 18 years old or have a parent or guardian's written authorization; (2) a written description of the performance to be given shall be submitted for approval with the application form, and any subsequent proposals for changes to the performance shall also be submitted for approval; (3) An application may be submitted to any other agency as deemed appropriate if it is determined by the department that there is a threat to public health or safety and should any agency have any objections to issuing the license it will not be granted by the department. (4) no performance shall be given in areas that are residential; (5) no performance shall be given between the hours of 11,00 p.m. and 9.00 a.m.; (6) performances shall be limited to sidewalks and shall not take place in the outside foyer of the Grand Theatre; (7) a performer shall remain mobile and rotate the location of his or her performance at minimum intervals of 90 minutes; (8) a performer shall keep each performance location in a neat and clean condition; (9) a performer shall prevent, where passible, the throwing of litter in a performance location, on the adjacent street, or on other properties; (10) a performance shall not be conducted in a manner that interferes with or obstructs the movement of pedestrians or disturbs the businesses and residents in the vicinity; (11) before being granted a license, an applicant or in the case of a person under the age of 18 their parent or guardian, shall sign an agreement indemnifying the City and agreeing to comply with the by -laws regulating noise and the use of streets, all General Regulations set out in P art 4 of this by -law, and the special conditions that apply to street performers; (12) during the annual Kingston Buskers Rendezvous and other special events authorized by the City, a performer shall be prepared to change performance locations, and the terms of a performer's agreement with the City may be waived or a license may be suspended temporarily by the Building and Licensing Division. (By -law No. 2006 -213; 2008 -16) Distributed January 25, 2010 TORONTO Applicant Information Application Sidewalk Artist /Busker Permit First Name Last Name Business Information Street No. Street Name City Province Suite /Unit No. ,Postal Code 1Telephone No. This is an application to perform or play: within the City street allowance. Conditions and Declaration The Permit Holder agrees to: • Ensure that the requirements of City of Toronto Municipal Code Chapter 313(44.1) (Streets and Sidewalks), Chapter 315 (Street Vending) and Chapter 241 (Noise) are observed and complied with at all times. • Ensure that no portion of the area used by a busker or sidewalk artist or occupied by an audience. • Creates an obstruction leaving less that 3 metres of paved and passable space (exclusive of the area used and occupied) for the safe and unhindered movement of pedestrians • Is located less than 9 metres from the intersection of two or more streets • Obstructs passage to any transit stop, postal box, telephone booth or driveway • Is located in front of an entrance or exit of a building • Blocks a display window or fire hose connection • Is located within any designated street vending area as defined in Municipal Code Chapter 315, Article 1 (Street Vending) • Maintain at least 50 metres between musicians performing as individuals or groups. • Chalk art must not be used to advertise and /or promote any commercial business and /or product. • Ensure that no aspect of the performance or any of the equipment /props used pose any danger or risk to the public. • Ensure that no equipment, props or other materials used are left unattended at any time. • Ensure that no pavement or installation within the street allowance is damaged, permanently marked or in any way rendered unsafe for pedestrian used — no spray paints, spray solvents, generators, amplifiers or sound systems are to be used within the street allowance. • Ensure that no activity authorized under the Permit shall take place within the City street allowance adjacent to the Eaton Centre between the hours of 9:00 am to 12:00 noon and 2:00 pm to 5:00 pm on Monday through Friday inclusive, except for statutory holidays. • Ensure that compliance with all other statutory requirements, rules, regulations and bylaws of the City and /or other authority which in any manner affect or relate to the use of the sidewalk, boulevard or public highway including, without limitation the bylaws of the City of Toronto and /or the Metropolitan Toronto Police Services Board. • Immediately cease any activity and remove any performance equipment or materials which located within the public street allowance at the request of a Metropolitan Toronto Police Officer or any person designated by the City for reasons of public safety. • Ensure that the Sidewalk Artist /Busker Permit is available and immediately provided to any Metropolitan Police Officer or any person designated by the City upon request. Failure to comply with any of these conditions may result in the loss of your privileges. I have read and understand the conditions above. Signature Print Name Date (yyyy- mm -dd) 81 -10022 2010 -09 DUO (9/17/2012) Dean lorfida - Fwd: Busking bylaw Page 1 From: Jim Diodati To: Dean Iorfida Date: 8/8/2012 2:41 PM Subject: Fwd: Busking bylaw »> Andrea Duncan <bhtc@sympatico.ca> 8/8/2012 2:29 PM »> Good day, We would like to support the idea of offering a few licenses to buskers in Niagara Falls. My husband and I (residents of Niagara Falls) recently became involved in busking in Toronto at the St. Lawrence Market after we purchased an authentic street/ monkey organ. We would love to share this unique instrument (sans monkey!) with people in Niagara Falls. It makes the world's happiest music! Right now in the tourist area people are bombarded by canned noise. Buskers provide an alternative to this. When regulated, buskers give a less corporate feel to street entertainment. In San Francisco the street performers /musicians are part of what tourists remember. We would hope you would consider granting a few busking licenses as part of a trial. Sincerely, Andrea and Malcolm Duncan 6103 Culp St. Niagara Falls, Ont. L2G2B6 905 - 356 -4886 PS if you would like a demo we are available to come to a council meeting! Sent from my iPad Fire Department Inter - Departmental Memorandum TO: Dean Iorfida City Clerk FROM: Lee Smith Fire Chief Ext. 2201 RE: Fire Prevention Week - Proclamation NiagaraFalls DATE: September 13, 2012 Please arrange to have the attached Proclamation placed on the September 25, 2012 Order of Business. Fire Prevention Week will run from October 7 to October 13, 2012 and it is requested that Saturday. October 13, 2012 be designated as "Fire Service Recognition Day ". This year's theme is "Have Two Ways Out ". LS:tc Attach. 4,4 Working Together to Serve Our Community City of Niagara Falls Mayor's Proclamation WHEREAS the City of Niagara Falls is committed to ensuring the safety and security of all those living and visiting our city; and WHEREAS fire is a serious public safety concern both locally and nationally, and homes are where people are at greatest risk to fire; and WHEREAS nearly 3,000 people die each year as a result of home fires; and WHEREAS roughly two- thirds of home fire deaths resulted from home fires in which no smoke alarms or no working smoke alarms were present; and WHEREAS working smoke alarms cut the chance of dying in a reported fire in half; and WHEREAS residents who have planned and practised a home fire escape plan are more prepared and will therefore be more likely to survive a fire; and WHEREAS the National Fire Protection Association recommends at least one smoke alarm on every level of the home (including the basement) outside all sleeping areas, and in all bedrooms; and WHEREAS informing the public about the importance of smoke alarm installation and maintenance serves an essential step toward increasing the public's safety from home fires; and WHEREAS Niagara Falls first responders are dedicated to public education measures and are able to take personal responsibility to increase their safety from fire, especially in their homes; and WHEREAS the 2012 fire prevention theme for this period is "Have Two Ways Out "; NOW THEREFORE, I James M. Diodati, Mayor of Niagara Falls, do hereby proclaim October 7 -13, 2012 as Fire Prevention Week; and FURTHER, in appreciation of the many services rendered by the members of the Fire Service of Canada, designate October 13, 2012 as "Fire Service Recognition Day "; and FURTHER, encourage all residents to protect their homes and families by heeding the potentially life- saving messages of Fire Prevention Week 2012 and to support the many public safety activities and efforts of the Niagara Falls Fire Department. .CUPE-s Ontario August 28, 2012 80 Commerce Valley Drive, East., Suite 1 Markham, ON L3T OB2 Phone: 905- 739 -9739 • Fax: 905 - 739 -9740 Web: cupe.on.ca E -mail: cupeont @web.net To Mayors and Councils, We are writing to ask that you and your Council endorse a day of recognition for the many people who work providing care to children in your community. This year will mark the 12th Anniversary of our Awareness Day which recognizes the education, skills, commitment and dedication of Early Childhood Educators and Child Care Staff. The Ontario Coalition for Better Child Care (OCBCC), the Canadian Union of Public Employees (CUPE) and our other labour partners representing child care workers across Ontario are asking that Wednesday, October 24, 2012 be proclaimed as Child Care Worker & Early Childhood Educator Appreciation Day in accordance with the attached resolution. Many groups are recognized by way of Municipal Resolution. Such a day allows the community to recognize the work of various groups and to acknowledge the contributions they make in the lives of community members. Many children, families and communities benefit from the work of child care workers. Child care also contributes to the economic life of communities. Research shows the many economic benefits accrued from affordable, accessible high quality child care. These benefits come from the number of people employed in the child care industry and because the availability of child care allows parents to work and to contribute to the economic life of society. Even if your Council does not issue official proclamations, there are many ways for your municipality to participate in and celebrate this special day. We ask your Council to sponsor public announcements, display our posters and distribute buttons. Many municipalities also organize events and contests for the day or have Councillors or the Mayor participate in events hosted by child care centres within the municipality. A list of ideas and examples is attached. We hope that your proclamation of this day of appreciation, or your active support, will encourage and promote a day of community recognition for child care workers. Please fax the attached order to request posters and buttons to help you raise awareness and celebrate. Please advise us of your participation in this day of recognition so that we can acknowledge your community's role in celebrating child care workers across Ontario on October 24t. Please direct any correspondence on proclamations and /or celebration activities to the attention of Sarah Declerck, by mail: CUPE Regional Office, 80 Commerce Valley Drive East, Markham, ON L3T 0B2, or by fax: 905- 739 -4001. Thank you for your consideration. Yours sincerely, dthigvd..‘ Fred 1-lahn Sheila Olan- MacLean President, CUPE Ontario President, OCBCC cc: CMSMs /DSSABs cope491 12th Annual Child Care Worker & Early Childhood Educator Appreciation Day October 24, 2012 Ideas to 1pcognize the DaY * Support the resolution declaring October 24th Child Care Worker & Early Childhood Educator Appreciation Day. * Distribute buttons and posters — visit www.childcareontario.org for an order form for free materials including posters and buttons. • Host an appreciation breakfast, lunch or dinner. Municipalities * Ensure celebration activities in municipally run child care centres. • Encourage local Councilors to tour a child care centre or early learning program to learn more about the work of ECE's. Event could also generate media coverage in local papers. * Take out an ad in the local newspaper. * Take nominations from local child care centres for outstanding staff to be recognized by the Mayor through a letter, announcement or event. * Distribute information on the day to all centres and agencies with child care staff. • Make a large order of mugs, key chains or post -it notes for distribution in your community. • Organize a community -wide celebration to recognize individual staff or centres and programs. School Boards Encourage school board trustees to tour an early learning program to learn more about the work of SCE's. Event could also generate media coverage in local papers. * Arrange to have the day announced on the school PA with the morning announcements. Notify parents in advance. Set up a "Wall of Fame" for parents to help in writing words of thanks to each of the staff. Laminate afterwards for the staff to keep. * Notify other staff in the school and host an event with cake or dessert in the staff room. Local Child Care Centres, Boards of Directors • Distribute carnations to staff working in child care centres. • Start the day right with a breakfast. Distribute buttons and posters and certificates of appreciation to all staff. (See over. 1 * Have the board of directors take the staff out for dinner and an evening of fun. * Host an afternoon tea party (with desserts provided by parents) for all the staff and children. * Host coffee, tea, and treats from 4:00 pm. to 7:30 pm. to accommodate staff finishing shifts. * Give each staff member a certificate of appreciation. * Have the board of directors send out a notice to each family and ask that they contribute a fruit, jam, tea, to fill a basket for all the staff. * Have the Board of Directors provide homemade cards and chocolates. • Make a bulletin board with posters and place the certificates of appreciation on the board. * Host a Child Care Worker and Early Childhood Educator Appreciation Day event with a guest motivational speaker and refreshments. * Set up a "Wall of Fame" for parents to help in writing words of thanks to each of the staff. Laminate afterwards for the staff to keep. * Have the board of directors send a letter to all families and board members accompanied by a cut -out of a hand. Ask parents to write a note to staff on the hand as a way of "giving the staff a hand" for a job well done. Then display the hands in the centre. * Put up a big poster with the staffs 'bins' and photo and have the parents sign a message on it. Distribute cards hand made by children and parents. * Send staff a letter from the board thanking them for their commitment to children and families. * Make a donation on behalf of the staff to a shelter for women and children in your community. * Host a pizza lunch for the staff. • Have the Board of Directors host an evening of celebration for all staff in honour of Child Care Worker and Early Childhood Educator Appreciation Day. * Have community businesses sponsor the day and give discounts and gifts to all staff or provide door prizes for appreciation events, or gift bag items. This is just a short list of activities - there are many things you can do to recognize and celebrate the valuable role child care staff play in the lives of children, families and communities. Please contact the OCBCC for further information, posters, buttons and certificates of appreciation. Ontario Coalition for Better Child Care Phone: 416- 538 -0628 x 2 / toll -free 1- 800 - 594 -7514 x 2 Email at katie@childcareontario.orq us/ cope491 , � «« � y Number of Posters Quantities are limited so please order only what you needs PLEASE PRINT, • • Prov. Postal Code: - Return this forrn by Wed October 17 to: Fax 416-538-6737 , Mail: OCBCC, 489 College St, Suite 206, Toronto, ON M66 1A5 E-Mail: carnbaignschildcareontario.oro NIAGARA FALLS PUBLIC LIBRARY 4848 Victoria Avenue Niagara Falls ON L2E 4C5 Phone: 905 -356 -8080 Fax: 905 - 356 -7004 ,,rn%w.nfiibran.ca August 28, 2012 His Worship Mayor Jim Diodati Members of City Council City of Niagara Falls, Ontario Members: Re: PUBLIC LIBRARY WEEK PROCLAMATION Libraries Connect! People- Ideas - Communities - Information Ontario Public Library Week is October 14 -20, 2012 and this coincides with Canadian Library Month, annually held in October. The theme this year is "Libraries Connect," and is a great reminder of just how essential libraries are in the interconnected world in which we live. The library enables people to connect with others, fosters the development of ideas and promotes the growth of strong communities. Residents of Niagara Falls can be proud of their library, which has continued to be on the leading edge in keeping pace with the changing technologies and addressing the needs of our community. An important ongoing role we proudly provide is teaching library users, at the grass roots level, how to develop the new skills needed in their busy and ever changing world. The Niagara Falls Public Library Board requests that City Council proclaim October 14 -20, 2012 "Public Library Week" in Niagara Falls. 1 have enclosed a sample wording of the proclamation for the consideration of Council. We encourage every person to use their public library this month and throughout the year. Library services are free and available to all residents. Feel free to check out our library's popular website at www.nflibrary.ca. Sincerely, Monika Seymour Chief Librarian Proclamation WHEREAS public libraries are partners in fostering lifelong learning, they play a vital role in helping Canadians of all ages access the information and tools that they need to live, learn and work; WHEREAS public libraries help Canadians develop the skills required to find and evaluate information in order to adapt and succeed in a knowledge -based economy; WHEREAS public libraries bolster economic prosperity by providing access to essential decision - making information for organizations and businesses; WHEREAS public libraries enhance the quality of life for all Canadians, and help ensure that Canadian culture continues to flourish and thrive; THEREFORE, I hereby designate that October 14 -20, 2012 is Public Library Week in Niagara Falls Signature f� c Ontario Muitt ncl1 July 3, 2012 Mayor Jim Diodati 4310 Queen Street, P.O. 1023 Niagara Falls, ON L2E 6X5 Dear Mayor Diodati: Re: Proclamation for Spiritual & Religious Care Awareness Week October 14 — 20, 2012 The Ontario Multifaith Council on Spiritual and Religious Care (OMC) is a registered, non - profit, charitable organization representing a wide -range of Faith groups in the province of Ontario. The OMC is comprised of representatives from 30 Faith groups with 185 Regional Multifaith Committee members throughout Ontario who give support to our Vision and Mandate. OMC is dedicated to working with the Ontario Government to promote and facilitate equal access to adequate and appropriate Spiritual Care and Religious accommodation for persons in government operated/funded institutions and organizations, in context with the Ontario Human Rights Code. OMC initiates and organizes an annual celebration of Spiritual and Religious Care Awareness Week (SRCAW) which provides an opportunity to recognize the value and dedication of Spiritual and Religious service providers of all Faiths who work in specialized settings such as, hospitals, long -term care facilities, mental health centres and correctional facilities. We are asking that consideration be given for SRCAW to be proclaimed throughout Canada during the week of October 14 -20 this year. Spiritual and Religious care is supported through the Human Rights Code not only in the province of Ontario but throughout the mosaic of Canada. Regardless of age, race. social or political standing, whether Interfaith or Multifaith, the celebration of SRCAW gives support to those who provide and receive Spiritual and Religious care. It is our hope that your response to our request will be positive. We would be most pleased to provide any additional information that is required to enable you to process our request. Sincerely. fr Imam Abdul Hai Patel President 789 Don Mills, Suite 208, Toronto, Ontario, Canada, M3C IT5 Telephone: (416) 422 -1490, 1- 888 - 837 -0923. Fax: (416) 422 -4359 ww NA/ .omc.ea; omcsrc omc.ca (When sending the Proclamation, request a copy of the action taken by the municipality along with an address to where it can be sent: names, addresses, phone numbers and e -mail addresses for all elected or appointed municipal officials are found in the ONTARIO MUNICIPAL DIRECTORY, a copy of which should be in your local civic office or possibly the local library.) SPIRITUAL AND RELIGIOUS CARE AWARENESS WEEK Facing the Questions in Spiritual and Religious Care October 14 — 20, 2012 PROCLAMATION WHEREAS across the province of Ontario there is concern about the necessary and important place of spirituality in the provision of care in hospitals, long term care facilities, correctional settings, mental health centres and facilities for people with intellectual disabilities, AND WHEREAS the need for and work of dedicated, qualified and competent spiritual and religious caregivers in society and particularly in our provincial institutions of care needs to be officially recognized and applauded, AND WHEREAS the multicultural mosaic of Ontario demands diversity in the provision of spiritual and religious care and the protection of religious rights, this unique provincial phenomenon, having been recognized and provided for by the Ontario Multifaith Council, AND WHEREAS throughout the province there will be a celebration of SPIRITUAL AND RELIGIOUS CARE AWARENESS WEEK during October 14 - 20, 2012. THEREFORE be it resolved that the (name of municipality, e.g. City of Cornwall) join with other like- minded political jurisdictions in the Province of Ontario (or the name of the OMC region) and declare the week of October 14 - 20, 2012 as Spiritual and Religious Care Awareness Week and to support all local observances pertaining thereto. Aultifaith Council art Spiritual & Rel +moos Care 789 Don Mills Road, Suite 208, Toronto, Ontario M3C 1T5 Office: 416 422 1490 Toll Free: 1 888 837 0923 Fax: 416 422 4359 Email: omcsrc @omc.ca www.omc.ca Clerks Department Inter - Department Memorandum TO: Mayor James M. Diodati DATE: September 25, 2012 & Members of Municipal Council FROM: Dean Iorfida City Clerk Ext. 4271 RE: Budget Meetings At the last meeting, Council indicated it would be amenable to dedicated budget meetings on "off' Council Tuesdays if Cogeco cable was available. Staff have had discussions with Cogeco. Due to lack of truck availability, their preference would be starting earlier on currently scheduled Council evenings (November 13 and 27 and December 11). Staff would reserve between 4:00 and 5:00 p.m. for any possible In Camera meetings. Council will begin at 5:00 p.m. The beginning of the meeting would be dedicated to budget discussions. We are looking at not having any Planning items on November 27'. Notice on any future Planning meetings could be scheduled for a later time (i.e., for 7:00 or 7:30 p.m.) to accommodate, at least, two hours of budget discussion per meeting. RECOMMENDATION: For Council's consideration. Working Together to Serve Our Community X m 0 71 co BS- 2012 -03 Niagaraaalls September 25, 2012 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Building Services SUBJECT: BS- 2012 -03 HVAC and Building Envelope Improvements RECOMMENDATION For the information of Council. EXECUTIVE SUMMARY As part of staff's ongoing actions to identify capital investment priorities for the Corporation, a condition assessment has been undertaken for City Hall. Based on these assessments, staff included funding for engineering design to address the required HVAC and exterior cladding. The HVAC system is reaching the end of its service life and needs to be replaced as the system has become unreliable. The building envelope has withstood significant weather damage and requires significant investments. On a positive note, the roof was replaced and is in adequate condition at this time. This report is being provided to Council for background information. Potential capital investments will be identified in 2013 Capital Budget. BACKGROUND Heating Ventilation Air Condition (HVAC) City Hall is approximately 42 years old. The HVAC system includes central plant and zone components, equipment, distribution systems for heating, cooling and air quality, distribution systems for air and water, controls, terminal units, as well as the operation of the building as a whole. Throughout the years basement floor use was changed from storage to occupied space, several new offices created on the main and upper floors, with partial expansions and modifications to the HVAC system. Equipment and components have been modified and repaired over time without designing or integrating these changes and repairs into the HVAC system. Other equipment and components including controls are dated and not readily serviceable. The heating and cooling plant equipment are reaching the end of its service life. Numerous and various repairs have been made over time. Currently the heating and cooling plant equipment are poor and unreliable. Additionally, the refrigeration fluid that is in our system will be phased out in the coming years under The Canadian Environmental September 25, 2012 - 2 - BS- 2012 -03 Protection Act and Related Ozone - Depleting Substances Regulations. Equipment replacement, retrofit and upgrades to the HVAC system will have numerous benefits including: Substantial energy savings for both gas and hydro Substantial improvement in comfort Reduced overlap in heating and cooling use Improved noise level in occupied space, exiting fans are noisy Automatic switch -over from heating to cooling and cooling to heating Reduced size in plant equipment More reliable equipment New building automation system Remote notification to staff for critical alarms Work can be done in phases Building Envelope After 42 years of extreme weather conditions the exterior cladding of City Hall has serious concerns. The brick is cracked, spalling and deterioration and is found to be extensive and very serious at a number of locations. The brick is spalling and is displaced to the extent that it presents an acute safety hazard for the public. Displaced and cracked bricks are pronounced specifically at the rowlock courses, beneath the window flashing and at the corner junctions. The existing building . envelope suffers from inadequate construction detailing and deterioration, due to long term water intrusion and interior air moisture drive. Water penetration from the exterior is occurring in several different areas allowing rainwater to migrate and penetrate into the masonry, eventually to the interior of the building. In 2010 an exterior office wall had to be totally gutted due to moisture and mold. For the past 10 years or so, there have been several band -aid repairs to the brick exterior. This is not the solution as outlined in the detailed assessment reports. Over the last year a few options have been explored. An aluminum insulated architectural panel looks great, a variety of colour options, however is the most expensive. An insulated stucco panel also available in a variety of colours and less than half the cost of the aluminum panel seems to be a favourable option considering the look, life expectancy and cost. Another option is the application of a clear sealant over the existing brick, but this, again, is only a short term band -aid option and does not include insulation or an air - vapour barrier required for the exterior. The roof at City Hall was redone approximately 5 - 7 years ago and is not a major concern at this time. The windows are showing signs of seal failure at various spots. Throughout the years windows have been recaulked and window panels have been replaced here and there as required. No matter what option is used, the removal of loose spalling brick and any other related areas must be rebuilt and rectified before any solution is applied. Benefits of having the exterior cladding upgraded with aluminum or stucco cladding options are: September 25, 2012 - 3 - BS- 2012 -03 City Hall could look like a brand -new building ! More savings on energy due to the insulation values of the new cladding ! Moisture penetration into the building will cease ! Work can be done in phases, this way any problems encountered in the 1' phase could be reviewed and improved upon the next phase The Acting Chief Building Official has detailed comprehensive condition assessment reports of the HVAC system and building envelope. ANALYSIS /RATIONALE The suggested changes in the report will ensure that the Corporation and the City Officials continue to meet its legislative responsibilities and mitigate potential health and safety risks for the public, staff and Council members. FINANCIAL IMPLICATIONS At present, City Hall is the primary office location for City staff and services. The building has approximately 50,000 square feet of operational space and is fully occupied. Other buildings are used to meet additional staffing needs, which include, information systems staff situated in the Elgin Block. Similarly, additional staff are situated at the McBain Centre, Service Centre, Coronation Centre, Gale Centre and other municipal buildings. As staff previously indicated, City Hall is the primary location for City services and is fully utilized. Functional improvements have been made to various departments in the last few years, these expenditures have not addressed the areas considered in the assessments. As a consequence, preliminary reports suggest that the building investments are required as follows: HVAC improvements approximately $1.2 million Exterior cladding range of $1.2 -$2.5 million depending on options To replace the current facility with an increase of 25% functional space (approximately 62,500 square feet) a current construction cost of $12.5 million would be required. The engineering services funded in the 2012 budget will provide the necessary direction to staff for the optimal method of repairing the current building deficiencies. As stated, this will be provided to Council for consideration in the 2013 Capital Budget. CITY'S STRATEGIC COMMITMENT The specific recommendations are viewed as consistent with the Corporation's strategic priority to improve the efficiency, especially energy efficiency levels, safety and operation of the organization. ATTACHMENTS 1. Summary of Building Envelope report 2. Conclusions of HVAC report September 25, 2012 - 4 - BS- 2012 -03 Recommended by: Approved by: Respectfully submitted: \Ken Todd, Chief Wf7 /14/7 ( a /h, Carmen Mignelli, Acting Chief Building Official /16 Alex Herlovitch, Director of Planning, Building & Development CM dministrative Officer Conclusions City Hall requires immediate attention in order to improve comfort, efficiency and reliability of the facility. Given the long lead time for equipment, to address these issues for the coming cooling, then heating seasons, action must begin on the engineering design for the proposed projects. Addressing these issues will put the site in solid shape for the coming 20 years for the heating and cooling systems. Available incentives will assist with capital costs, participation from the Ontario Power Authority and N.P.E.I is critical. The payback on these retrofits is under 7 years, an excellent return given the need for equipment renewal. 201 HVAC 202 Council 301 Heating 401 Cooling 402 Refrig 501 BAS 601 Lighting Total $230,000 $40,000 $195,000 $375,000 $60,000 $40,000 $49,000 $ 8,000 $0 $0 $64,000 $o $o $9,000 $989,000 $81,000 213,000 8,000 2,000 80,000 86,600 - $25,400 - $1,000 15,000 $3,900 - $9,500 $o $o $10,400 $45,000 $5,000 $5,000 $20,000 $o $10,000 $2,500 $ 70,400 $6,000 $ 8,900 $29,500 $o $10,000 $12,900 385,600 15,000 $50,200 $87,500 $137,700 3.2 6.7 21.9 10.5 4.0 3.4 6.59 28 Niagara Falls City Hall BUILDING ENVELOPE 4310 Queen Street ASSESSMENT Niagara Falls, Ontario REPORT Page A3 of 6 PART 3 Summary The existing building envelope suffers from inadequate construction detailing and deterioration due to longterm water intrusion and interior air /moisture drive. As well, window and door seals are aged and in poor condition. It is recommended that a complete restoration and sealant replacement program he implemented on the windows which would rejuvenate drainage paths and seal all metal and glazing joints to prevent water migration into the framing system and through the window frame to masonry joint. Since the brick deterioration was identified around a number of window units, it is recommended to inject polyurethane foam into the window frame to masonry wall joint prior to applying new head of sealant. Due to the extremely good thermal and air seal capacity of this material the foam would improve the thermal ability of the window frame and prevent migration of the warm interior moist air to the exterior. The adequate repair solution for this type of a problem is to introduce an air /vapour harrier on the interior. Hence, this becomes extremely unfeasible, since it would require a removal of the interior drywall finish. In addition, this is a very costly and disruptive exercise which building Owner's typically do not wish to entertain. The second option would be to clad the masonry walls from the exterior. This would entail application of the air /vapour harrier on the exterior face of the masonry, installation of at least 5Omm (2 ") of exterior insulation and final finish which can either be stucco based, metal panel or any other preferable panel system. This approach would maintain the masonry wall warm at all times and relocate the dew point temperature into the exterior insulation, allowing for condensation to occur on the exterior cladding and eventually dissipate and /or drain out. Hence, since air /vapour harrier would he applied on the exterior face of the brick, condensation within the exterior insulation would be unlikely since the moisture now would be terminated at the warm plane of the brick/air harrier interface. In addition to keeping the masonry elements warm, this option could also significantly improve the thermal capacity of the walls which would result in reduced heating costs. Due to an extensive amount of moisture that the exterior walls have been exposed to, it is safe to assume that the metal supporting members, such as brick ties, reinforcement and /or steel lintels are corroded. Please note that the deteriorated masonry areas must he repaired to create a good surface for installation of the new cladding system. If the Owner is not in favour of implementing the two options specified above, that a sealer be applied on the exterior face of the brick upon the completed masonry repairs. The industry presently offers a number of products that are transparent and can be applied through a spray or trowel- applied method. These sealers prevent rainwater to migrate into the masonry and allow for the interior moist air to migrate through. We understand that re- application is required after several years. Premier/Levaque Inc. Project No. 051912 -01 October, 2005 Niagaraaalls REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Finance Department SUBJECT: F- 2012 -44 Monthly Tax Receivables Report F- 2012 -44 September 25, 2012 RECOMMENDATION That Council receive the Monthly Tax Receivables report for information purposes. EXECUTIVE SUMMARY This report is prepared monthly to provide Council with an update on the City's property tax receivables. Outstanding taxes as of August 31, 2012 were $17.8 million compared to $20.6 million in 2011. During August, tax receivables as a percentage of taxes billed decreased from 38.4% in 2011 to 36.8% in 2012. The City's finance staff has had continued success in resolving properties that are subject to registration for 2012. At this stage, 80.9% of properties have developed payment arrangements or have paid in full. There are currently eleven properties scheduled for tax sale in the next two years. BACKGROUND This report is being provided as part of the monthly financial reporting to Council by staff. It is also submitted to our banking institution for compliance with our banking agreement. ANALYSIS /RATIONALE Tax collection for 2012 improved during the month of August. Table 1 shows that taxes outstanding at August 31, 2012 are $17.8 million. This represents a decrease from $20.6 million in arrears for the same period in 2011. Finance staff continues to actively pursue property owners in arrears. Table 2 provides the breakdown of outstanding taxes by assessment class. The majority of outstanding taxes are for residential and commercial properties. The chart shows that the taxes owing from the commercial property class have decreased from a year ago, whereas the residential property class has increased. Finance staff takes specific collection actions for properties that are subject to registration. These action steps have been outlined in previous reports. At January 1, 2012, 403 properties were subject to registration. Table 3 summarizes the progress of these actions after eight months of activity. This table shows 80.9% of the tax accounts or 326 properties have been paid in full or the owners have made suitable payment arrangements. During August, nine accounts were paid in full. In addition, the number of accounts with suitable payment arrangements including full payments increased from 78.6% (July) to 80.9% (August). September 25, 2012 - 2 - F- 2012 -44 Finance staff continues to make every effort to have accounts paid in order to avoid the registration process and the associated costs related to that process. Table 4 identifies the properties and associated tax arrears scheduled for tax sales in the future. During the month of August, two registered properties were redeemed. The outstanding taxes for registered properties represent 1.0% of the total outstanding taxes at month end. FINANCIAL /STAFFING /LEGAL IMPLICATIONS Tax arrears as a percentage of taxes billed in a year is a performance measure that stakeholders utilize to analyse an organization's financial strengths. Niagara Falls, due to its high reliance on commercial assessment, is traditionally higher compared to municipalities of similar size. The percentage of taxes outstanding to taxes billed as at August 31, 2012 is 36.8% which is a decrease from 2011's value of 38.4 %. The municipality has a record of full collection and earns significant penalty revenues to offset the higher measure. LIST OF ATTACHMENTS Table 1 Table 2 Table 3 Table 4 Taxes Receivable at August 31, 2012 Taxes Receivable by Property Class at August 31, 2012 Number of Properties Subject to Registration Scheduled Tax Sales Dates for Registered Properties Recommended by: Respectfully submitted: A. Felicetti /fel for of Finance Todd Harrison, \i Ken Todd, Chiet Administrative Officer TABLE 1 Total Taxes Receivable Owing at August 31, 2012 2012 2011 Outstanding Taxes @ July 31, 2012 $ 18,516,942 $ 20,561,020 Taxes Billed and Due August 31, 2012 $ 22,710,668 $ 21,892,046 Penalty charged in August $ 205,726 $ 241,261 Taxes Collected during August $ 23,626,393 $ 22,134,372 Outstanding Taxes @ August 31, 2012 $ 17,806,943 $ 20,559,955 Taxes Due September 30, 2012 $ 22,213,038 $ 20,952,565 Taxes Due October 31, 2012 $ 22,710,668 $ 21,892,045 Total Taxes to be Collected $ 62,730,649 $ 63,404,565 TABLE 2 Taxes Receivable by Property Class as at August 31, 2012 2012 Taxes Owing % of Class 2011 Taxes Owing % of Class Residential $ 29,176,802 46.51% $ 27,619,791 43.56% Multi- Residential $ 2,306,150 3.68% $ 2,151,420 3.39% Commercial $ 29,142,666 46.46% $ 31,430,855 49.57% Industrial $ 2,026,350 3.23% $ 2,140,374 3.38% Farmlands $ 78,683 0.13% $ 62,125 0.10% Total Receivables $ 62,730,649 100.00% $ 63,404,565 100.00% TABLE 3 TABLE 4 Scheduled Tax Sales Date Properties Subject to Registration as at July 31, 2012 Properties Subject to Registration as at August 31, 2012 November 2012 Initial Amount 403 403 7 Paid in Full 90 99 24.6% Payment Arrangements 227 227 56.3% Ongoing Collection Action 86 77 19.1% Registered 0 0 0.0% 403 403 100.0% TABLE 4 Scheduled Tax Sales Date Number of Properties Taxes Oustanding Amount November 2012 4 $ 143,911 May 2013 7 $ 483,320 November 2013 0 $ - Totals 11 $ 627,230 Niagarajrrlls REPORT TO: SUBMITTED BY: SUBJECT: Mayor James M. Diodati And Members of the Municipal Council City of Niagara Falls, Ontario Transportation Services Department TS- 2012 -31 Ethel Street at Sherri Avenue /Andrea Drive Intersection Control Review TS- 2012 -31 September 25, 2012 RECOMMENDATION That an all -way stop control be installed at the intersection of Ethel Street at Sherri Avenue /Andrea Drive. EXECUTIVE SUMMARY An all -way stop control is warranted at the intersection of Ethel Street at Sherri Avenue /Andrea Drive where it will allocate the right -of -way amongst motorists from all approaches of the cross intersection. BACKGROUND City Staff has been requested to investigate the feasibility of installing an all -way stop control at the intersection of Ethel Street at Sherri Avenue /Andrea Drive. Stop signs are currently present in the eastbound and westbound directions on Ethel Street, which is the major road. Typically stop signs are placed on the minor road to provide the right of way to motorists on the major road. Given that the current traffic control does not conform to standard engineering practice combined with an evergreen tree that obstructs visibility at the intersection, additional controls are recommended. ANALYSIS /RATIONALE There is a large mature evergreen tree located on the southwest corner of the intersection which does not provide stopped motorists eastbound on Ethel Street to achieve the minimum required sight line distance from the desired setback. A collision review revealed that there have not been any collisions reported at the intersection of Ethel Street at Sherri Avenue /Andrea Drive, nor any of the roads extending from the intersection in the previous three -year period. Staff has received concerns regarding the fact that the intersection is "awkward" given the location of its current traffic control devices on the major street. Motorists stopped at the stop signs on the major street are also expecting motorists on the side street to stop. An intersection traffic count identified that approximately two- thirds of the traffic at the intersection originates from Ethel Street which is the street that has the stop signs. The purpose of an all -way stop is to clearly assign right -of -way between vehicles approaching September 25, 2012 - 2 - TS- 2012 -31 an intersection from different directions. Additional stop controls for the north and south approaches would not significantly increase the total intersection delay, while de- emphasizing priority for the minor street traffic at this intersection. Staff solicited the opinion of the local community by way of a questionnaire with respect to the homeowner's preference on the traffic control at this intersection. Of the twenty -four (24) petitions delivered, ten (10) were returned, of which nine (9) residents were in favour of an all -way stop control. Given the study results, Staff is recommending that an all -way stop control be installed at the intersection of Ethel Street at Sherri Avenue /Andrea Drive. An all -way stop control will necessitate that all motorists approaching the intersection must carry out a full legal stop prior to proceeding. FINANCIAL /STAFFING /LEGAL IMPLICATIONS The installation of the stop signs and application of the two additional stop lines is to be carried out by Transportation Services staff. The labour and material costs are accounted for in the approved 2012 General Purposes Budget. Cost studies estimate that the cost to install the all -way stop control is approximately $3000. CITY'S STRATEGIC COMMITMENT This initiative is supported by Council's Strategic Priorities, which include ensuring that environmental, health, and social benefits direct transportation planning and design decisions related to walking, cycling, and public transit. LIST OF ATTACHMENT Study Area drawing. Recommended by: Respectfully submitted: ic2r\ K rl Dren, Director rI Dren, Director of Transportation Services Ken Todd, Chief Administrative Officer A r N F— a) a) 0 L 0 U 0 c.) a) L a) NiagaraFaIls REPORT TO: Mayor James M. Diodati And Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services Department TS- 2012 -32 September 25, 2012 SUBJECT: TS- 2012 -32 - Victoria Avenue at Bender Street Removal of No Right Turn On Red Restriction RECOMMENDATION The existing No Right Turn On Red prohibition facing northbound motorists at the intersection of Victoria Avenue and Bender Street is removed. EXECUTIVE SUMMARY The removal of this prohibition will allow northbound motorists on Victoria Avenue to legally carry out a right turn onto Bender Street while the signal indication is red. BACKGROUND This prohibition was put in place when the railway tracks were operational across Bender Street east of Victoria Avenue. Separate signal heads are present for the through and right turn movements. When trains traversed the crossing, the northbound through movement was given a green signal while right turning traffic faced a red indication. ANALYSIS /RATIONALE Staff is carrying out traffic signal upgrades at this intersection by removing the northbound right turn signals and establishing a pedestrian crosswalk on the east leg. With the removal of the right turn signal heads, the prohibition will no longer be necessary. FINANCIAL /STAFFING /LEGAL IMPLICATIONS The removal of the signs is carried out by Transportation Services staff. The labour is accounted for in the 2012 General Purposes Budget. Cost studies estimate that the cost to remove the existing signage is approximately $100. CITY'S STRATEGIC COMMITMENT This initiative is supported by Council's Strategic Priorities, which include ensuring that environmental, health, and social benefits direct transportation planning and design decisions related to walking, cycling, and public transit. September 25, 2012 LIST OF ATTACHMENTS Study area drawing Recommended by: Respectfully submitted: Ken Todd, Chi f Administrative Officer -2- TS- 2012 -32 Karl Dren, Director of Transportation Services E-( Q z Niagara,Falls REPORT TO: SUBMITTED BY: SUBJECT: Mayor James M. Diodati And Members of the Municipal Council City of Niagara Falls, Ontario Transportation Services Department TS- 2012 -34 - Brown Road & Kalar Road Speed Limit Review TS- 2012 -34 September 25, 2012 RECOMMENDATIONS That the speed limit on Brown Road between Montrose Road and Thorold Townline Road be reduced from 80 km /h to 60 km /h; and, That the speed limit on Kalar Road between McLeod Road and Chippawa Creek Road be reduced from 80 km /h to 60 km /h. EXECUTIVE SUMMARY Lower speed limits are warranted on Brown Road and on Kalar Road, south of McLeod Road given the prevailing road surface conditions and future development of the area. BACKGROUND Brown Road is a two -lane rural arterial road that extends westerly from Montrose Road to Thorold Townline Road. It has a gravel surface throughout most of its length. The lands on either side of Brown Road are predominantly undeveloped at this time. It has an 80- km/h speed limit. A Toad restriction is in place on Brown Road to prevent its premature deterioration. Kalar Road south of McLeod Road has a rural cross - section and an 80 -km /h speed limit. The first phase of the Warren Woods community is being developed with exclusive access from the west side of Kalar Road between McLeod Road and Brown Road. This subdivision has been designed to preclude access to any property directly from Kalar Road. This section of Kalar Road consists of an asphalt road surface. Kalar Road between Brown Road and Chippawa Creek Road is a two -lane surface- treated road with an 80 -km /h speed limit. This section of Kalar Road consists of Heartland Forest fronting along the entire west side, and the Niagara Falls Business Park, though currently undeveloped, fronting the entire east side. The Visitor Transportation System (VTS) building is slated to be built on this segment of Kalar Road. ANALYSIS /RATIONALE Speed studies identify that motorists on Brown Road and on Kalar Road between Brown Road and Chippawa Creek Road are travelling at approximately 60 km /h instead of near September 25, 2012 —2— TS- 2012 -34 the 80 km /h speed limit. It is presumed that drivers are travelling at a reduced speed as they may be uncomfortable approaching the speed limit given the existing road surface. Drivers on Brown Road are aware they are approaching an unpaved area by way of a sign identifying the downstream end of pavement. The recommended 60 km /h speed limit matches the current posted speed limit on Montrose Road where it intersects with Brown Road. Although Kalar Road between McLeod Road and Brown Road consists of an asphalt surface, a 60 -km /h speed limit is recommended for continuity. The transportation impact assessment for the VTS facility identified the need to review the structural adequacy of the area road network in addition to lowering the speed limits to reflect prevailing road conditions and planned area developments. The integrity of the road surface for both Brown Road and Kalar Road will be considered prior to future reconstruction to ensure it can withstand the weight of the buses that will use these roads to /from the VTS facility. Also a reduction in the speed limit at this time will suffice given future traffic patterns when the VTS facility and Warren Woods development are constructed. FINANCIAL /STAFFING /LEGAL IMPLICATIONS The installation of the signs is carried out by Transportation Services staff. The labour and material cost is accounted for in the 2012 General Purposes Budget. Cost studies estimate that the cost to install or modify signage is approximately $2,350. CITY'S STRATEGIC COMMITMENT This initiative is supported by Council's Strategic Priorities, which include ensuring that environmental, health, and social benefits direct transportation planning and design decisions related to walking, cycling, and public transit. Recommended by: Respectfully submitted: Karl Dren, Director of Transportation Services Ken Todd, Chie dministrative Officer NiagaraaaIls REPORT TO: SUBMITTED BY: SUBJECT: Mayor James M. Diodati And Members of the Municipal Council City of Niagara Falls, Ontario Transportation Services Department TS- 2012 -35 Front Street - Parking Review TS- 2012 -35 September 25, 2012 RECOMMENDATION That parking is restricted on both sides of Front Street between Portage Road and Norton Street from Monday to Friday, inclusive. EXECUTIVE SUMMARY The recommended parking restriction will prohibit parking on both sides of Front Street between Portage Road and Norton Street on weekdays, thereby allowing for unimpeded traffic flow and vehicular access to residential driveways. On- street parking in this area will be permitted on weekends. BACKGROUND In response to concerns from area residents and further to report MW- 2011 -20 concerning the proposed new Chippawa Boat Dock, Staff has carried out a parking review on Front Street between Portage Road and Norton Street. The concern steel is from the potential infiltration of non -local traffic seeking parking in the residential area once the Chippawa Boat Dock is constructed and becomes operational. Of particular concern are large work vehicles parking on Front Street which occurs predominantly on weekdays. At present time, parking is permitted on both sides of the study section of Front Street during daytime hours. ANALYSIS /RATIONALE Front Street is a local residential roadway that extends in a southwest/northeast direction from Portage Road to a dead end west of Reilly Street. The study section of Front Street operates as a one -way westbound roadway, approximately 200 metres in length and has an 8 -metre pavement width. The roadway cross section consists of a sidewalk and a boulevard on the north side only without curbs on either side. Trucks are prohibited from this section of Front Street. Tim Horton's restaurant is located at the intersection of Portage Road and Macklem Street/Front Street. The main access to the restaurant is via Portage Road opposite of Macklem Street with a secondary driveway via Front Street. Some restaurant patrons choose to park their vehicles on the gravel shoulder on the southeast side of Front Street directly across the street from the restaurant even when the restaurant's parking lot is not September 25, 2012 -2- TS- 2012 -35 fully occupied. Given the one -way southwest bound flow of Front Street, truck operators must proceed through the residential area to Norton Street to exit. Once the Chippawa Boat Dock is constructed, the aforementioned gravel shoulder will be landscaped and a small parking area will be constructed, and will be available for public use A parking questionnaire was delivered to residents of Front Street requesting input regarding their parking preference. The results yielded from the petition are as follows: Number of residents petitioned: 19 Number of residents that responded to the questionnaire: 13 68% Number of residents that did not respond 6 32% Number wishing to restrict parking on both sides 12 92% Number wishing to maintain the existing parking control 1 8% Nearly all of the respondents identified that they prefer to have a parking restriction established on both sides of Front Street between Portage Road and Norton Street on weekdays. Given that the minimum response rate has been achieved, Staff is recommending that the above - mentioned parking prohibition is implemented. On- street parking will still be permitted on weekends. FINANCIAL /STAFFING /LEGAL IMPLICATIONS The installation of the signs is carried out by Transportation Services staff. The labour and material cost is accounted for in the 2012 General Purposes Budget. The estimated cost to install the signs is approximately $700. CITY'S STRATEGIC COMMITMENT This initiative is supported by Council's Strategic Priorities, which include ensuring that environmental, health, and social benefits direct transportation planning and design decisions related to walking, cycling, and public transit. LIST OF ATTACHMENTS Study Area drawing. Recommended by: Respectfully submitted: Karl Dren, Director of Transportation Services Ken Todd, 'Chief dministrative Officer On •roposed "No Parking Monday to Frida " Zon- CITY OF NIAGARA FALLS By -law No. 2012 - A by -law to provide for the adoption of Amendment No. 99 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 maps constituting Amendment No. 99 to the City of Niagara Falls Official Plan is hereby adopted. Passed this twenty -fifth day of September, 2012. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: September 25, 2012 September 25, 2012 September 25, 2012 PART 2 - BODY OF THE AMENDMENT All of this part of the document entitled PART 2 - BODY OF THE AMENDMENT, consisting of the following text and attached maps, constitute Amendment No. 99 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) SCHEDULE A - LAND USE PLAN of the Official Plan is amended by identifying the Garner South Secondary Plan Area and referring to Schedule A -3 for land use designations as shown on the map attached entitled "Map 1 to Amendment No. 99 ". ii) A new SCHEDULE A -3 — GARNER SOUTH SECONDARY PLAN is added as shown on the map attached entitled "Map 2 to Amendment No. 99 ". iii) PART 5 - APPENDICES is amended with the addition of APPENDIX VIII -A, VIII -B, and VIII -C, shown on "Maps 3, 4, and 5 to Amendment No. 99 ". 2. TEXT CHANGES i) PART 1 - PREAMBLE, SECTION 4 - FORMAT OF THE PLAN is amended by: a) deleting the sixth and seventh paragraph in their entirety and replacing them with the following: "Part 5 entitled SECONDARY PLANS contains the policies and plans for specific areas of the City prepared through the secondary plan process and adopted as amendments to this Plan. SCHEDULES to this Plan illustrate the land use designations, height strategies, roads, districts and special policy areas of this Plan and are to be read in conjunction with its text. There are additional Schedules "B ", "C ", "D" and "E" that form part of the Plan. The APPENDICES contain supplementary and supporting 1 information for the Policies of this Plan but do not form part of the Plan itself." ii) PART 5 - APPENDICES is renamed "APPENDICES" and is moved in its entirety within the document to follow the whole of PART 6 - SCHEDULES. iii) A new PART 5 - SECONDARY PLANS its to be added as follows: PART 5 - SECONDARY PLANS SECTION 1 - GARNER SOUTH Preamble The purpose of the Garner South Secondary Plan is to provide a detailed land use plan for the development of the lands within the Garner South Secondary Plan Area. The Secondary Plan applies to the lands shown on Schedule A -3 to the Official Plan. The Garner South Secondary Plan Area does not include the Heartland Forest lands or the Cytec lands. The Garner South Secondary Plan Area encompasses approximately 225,5 hectares of developable Greenfield land. Two small portions of the Secondary Plan Area in the northeastern quadrant are within the Built -up Area. A substantial amount of the Secondary Plan Area is natural heritage including Provincially Significant Wetlands, Warren Creek and associated wetlands and significant woodlands. It is intended that the Secondary Plan Area develop as a complete community providing a mix of housing, employment, commercial services and community facilities that serve the residents as well as an integrated open space system. The provision of housing in various forms will assist in meeting the various financial resources of households. Development is to occur in a manner that protects the natural heritage features and utilizes them to enhance the overall design and character of the community. At build -out the Secondary Plan Area is designed to accommodate, approximately: • 6,900 people • 2,700 dwelling units • 2,000 jobs These figures are based on a greenfield target density of 53 people and jobs per hectare as established by the Regional Policy Plan. 2 The following general principles and objectives are the basis from which the policies are derived. As such, development applications are to be consistent with the policies as well as the general principles and objectives. Principles and Objectives The following principles and objectives are to be achieved in the Garner South Secondary Plan Area. 1. Principle - Foster a sense of place Development is to create a community feel and identity through a strong pedestrian realm and integration of the re- channeled Warren Creek as a naturalized open space. Objectives • to create an urban form together with an interconnected street system that is transit - supportive, comfortable and engaging for the pedestrian as well as effectively transporting people and vehicles; • to create a community with a system of paths and walkways that allows for convenient walking and cycling; • to integrate the re- channeled Warren Creek into the design of open space and residential areas; and • to include natural heritage features in the community design as aesthetic amenities and provide for vistas and viewsheds in order to assist in the creation of a sense of place. 2. Principle - To create a diverse residential community The Secondary Plan Area is to provide housing over a 10- to 15 -year term and shall be developed with a mix of housing types that allows for a range of affordability levels. Objectives • to ensure that a variety of housing types are integrated into the Secondary Plan Area; • to ensure a compatible arrangement of housing types so as to avoid land use conflicts; • to provide a range of affordability, consistent with targets established by Regional Niagara; and • to provide for schools, neighbourhood commercial uses, retirement residences and other community facilities. 3 3. Principle - Protect natural heritage features. The Secondary Plan Area has a large number of wetlands, woodlands as well as two creek systems. These natural heritage areas are to be protected and, if possible, enhanced. Objectives • to ensure that development does not negatively impact on natural heritage features by providing appropriate separation distances and buffers; • to contain storm water through a system of storm water management ponds that are integrated with Warren Creek and Thompson Creek; • to maintain the hydrology of wetlands at a quantity and quality that will ensure the long term preservation of the wetland; and • to preserve woodlands to the greatest extent possible and to integrate the built environment with them. 4. Principle - Development of an integrated trails and open space system Recreational trails and open space increase the quality of life for residents. When integrated into a design that functions with the built and natural environments, a trail and open space system provides an amenity for the community. Objectives • to utilize Warren Creek and hydro transmission corridor as key lineal open space elements that Zink to community; • to integrate schools and parkland with Warren Creek and the hydro transmission corridor; • to provide public open space close to medium and high density developments; and • to integrate open space with the natural heritage features. 5. Principle - Create employment opportunities The creation of employment opportunities within the Secondary Plan Area is essential to the development of a complete community. Objectives • to retain lands along the QEW in the eastern part of the Plan Area being the lands west of Montrose Road; and also to retain lands 4 and within a 2km radius of the Cytec phosphine plant for designations together with a Neighbourhood Commercial designation located at the north eastern part of the radius as shown on Schedule A -3; • to achieve an overall density of 30 jobs per hectare on employment lands; • to provide for live /work land uses within the eastern part of the Plan Area; • to allow for a variety of employment uses throughout the community in order to provide opportunities for employment close to home; and • to achieve high quality urban design on employment lands. • to provide connectivity between employment and residential areas supporting alternative modes of transportation (such as pedestrian, cycling or public transit) Policies 1. General 1.1 The basic pattern of future land use is illustrated on Schedule A -3 and the Concept Plan (Appendix VII -A) to the Official Plan. The Concept Plan provides a physical framework that implements the general principles and objectives. Development is to be consistent with the land use pattern and collector road system. The location of local roads, however, will be determined through individual plans of subdivision. The general phasing concept for the Secondary Plan Area is shown on the Phasing Concept Plan, Appendix VII -B. The Concept Plan (Appendix VII -A) and the Phasing Concept Plan (Appendix VII -B) do not constitute part of the Secondary Plan and are included as appendices as supporting documents. 1.2 The following land use policies and designations are established for the Secondary Plan Area only and are shown on Schedule A -3. Any changes in land use designation from that shown on Schedule A -3 shall require an amendment to this Plan, save and except for revisions to the boundaries of the limits of the EPA and ECA designations as set out in policy 2.9.2.3. • Residential, low density; • Residential, medium density; • Residential, high density; • Neighbourhood Commercial; • Mixed Use; 5 • Employment; • Open Space; • Environmental Protection and Environmental Conservation Areas. 1.3 The overall greenfield density target for the Secondary Plan Area shall be 53 people and jobs per hectare. The calculation of greenfield density is provided in Appendix VII -C as supporting data. The density is calculated on the Gross Developable Land Area over all of the lands outside the Built Area Boundary. Gross Developable Land Area is the total Greenfield Area less the area of protected natural heritage features. Protected natural heritage features are those that are designated Environmental Protection Area or Environmental Conservation Area as well as buffers adjacent to Provincially Significant wetlands to a depth of 30 metres. Lands within the Secondary Plan Area and within the Built -up Area are not to be used in any greenfield density calculation. Densities will be monitored by the City to ensure that the target density is achieved, across the Secondary Plan Area. 1.4 Notices regarding the proximity of heavy industrial land uses to residential dwellings and the inherent possibility of noise, odour and air emissions will be included in subdivision agreement(s), condominium agreements, site plan agreement(s) and purchase and sale agreements. In addition for any development of retirement residences and senior citizens residences on the lands located north and east of Warren Creek and south of the hydro corridor and north of Brown Road a provision requiring the approval of an emergency plan and evacuation protocol to the satisfaction of the City shall be required as part of any development approvals granted. 1.5 Home occupations shall be permitted in accordance with the regulations contained within the Zoning By -law. 1.6 Lands may be developed at densities lower than the minimum prescribed in this Secondary Plan without amendment to this Secondary Plan. Such proposals shall be accompanied by an analysis, based on approved land use, that demonstrates that the overall target density for the Secondary Plan will not be jeopardized. 1.7 Second dwelling units are a rental housing alternative that can meet the financial resources and obligations of the City's residents as well as its changing demographics. Accordingly, 6 second dwelling units may be permitted within single detached, semi - detached and townhouse dwellings or an associated accessory building and will be implemented through appropriate standards in the Zoning By -law. All second dwelling units satisfy any other applicable regulations such as the Ontario Building Code. 1.7.1 Zoning regulations related to second units in residential zones shall prescribe provide for the following: • only one dwelling and a second unit shall be permitted on one lot; • the lot size and configuration are sufficient to accommodate adequate parking, green space and amenity areas for both units; and • the following areas are restricted to one dwelling unit per dwelling, being the lands subject to a maximum building height of 2 or 2 % storeys under Figure 5, owing to land use compatibility restrictions with employment lands located to the south west, and the lands being developed with adult lifestyle dwellings. • Second units requiring building additions or substantial alterations to the principal dwelling should be designed to maintain the overall character of the principal dwelling. • The establishment of a second dwelling unit is deemed to comply with the density requirements of this Plan. 1.8 The target maximum densities set forth in this Secondary Plan are based on ideal site conditions. Accordingly, if such conditions are not present, maximum densities may not be achievable. 1.9 The provision of employment lands is a critical element of this Secondary Plan. Employment lands are an integral part of creating a complete community and will assist in diversifying the City's employment base overall. Moreover, the location of the employment lands adjacent, and /or with ready access to, the QEW, will also assist in the realization of the Gateway Economic Zone as envisioned by the Growth Plan for the Greater Golden Horseshoe. As such, the conversion of employment lands to non - employment uses is prohibited. 1.10 Any application to amend these Official Plan Policies or related implementing Zoning By- law(s) and any other Planning Act 7 .111 2- 0141 414_\ ∎] 411111'►'/ \ application(s) including minor variance or consent application(s) within the Garner South Secondary Plan Area shall be subject to the public notification requirements of the Planning Act and shall include circulation of notice(s) to the registered owners of the heavy industrial lands south of Brown Road and west of Garner Road and north of Chippawa Creek Road within the municipal boundaries, which lands are as the date of adoption of this Official Plan Amendment owned by Cytec Canada Inc. 2. Land Use 2.1 Residential, Low Density Lands designated Residential, Low Density predominate the Secondary Plan Area as low density housing is the primary housing form in the City. Lands under this designation are to be developed to include a variety of housing forms. 2.1.1 Residential, Low Density areas shall accommodate a mix of low density housing types within each plan of subdivision. These housing types include single detached dwellings, semi - detached dwellings. 2.1.2 Development in Residential, Low Density areas shall proceed by way of plan of subdivision or condominium. 2.1.3 In order to meet the greenfield density target, subdivisions within the Residential, Low Density area shall have a density of not less than 16 units per gross developable hectare with a maximum density of 30 units per hectare. 2.1.4 Building heights shall not exceed 3 storeys, except on lands within the area shown on Figure 6 where building heights shall not exceed 2 or 2 1/2 storeys which locations are as detailed on Figure 6. 2.1.5 Reverse lot frontage shall be avoided wherever possible. In addition, garage doors should not dominate the streetscape. 2.2 Residential, Medium Density Lands designated Residential, Medium Density are integrated throughout the Secondary Plan Area, as shown on Schedule A- 8 3 and the Concept Plan, so as to allow for a mix of housing types in the Secondary Plan Area. These lands are generally in proximity to the Open Space System in order to provide residents easy access to this public amenity space and commercial areas. 2.2.1 Residential, Medium Density areas shall provide for on- street and block townhouses, including stacked townhouses, and apartment buildings. 2.2.2 Retirement homes and senior citizens residences (as those terms are defined in the City's Zoning By -law as of the date of approval of this Official Plan Amendment), are permitted on lands located north and east of Warren Creek and south of the hydro corridor and north of Brown Road. The development of these lands for institutional type uses requiring additional care facilities such as a hospital, homes for the aged or nursing homes is not permitted. 2.2.3 In order to meet the greenfield density target, Residential, Medium Density areas shall be developed at a minimum density of 50 units per net hectare to a maximum of 75 units per net hectare. 2.2.3.1 Lands may be developed at densities lower than 50 units per hectare without amendment to this Plan if it is demonstrated that the proposed density will not jeopardize the achievement of the greenfield density target. 2.2.3.2 2.2.3.3 Brownfield sites may be developed at densities higher than 75 units per hectare, without amendment to this Plan, but should be of a scale and massing that is generally consistent with the Residential, Medium Density designation. Retirement homes and seniors citizens residences may only develop to a maximum density of 80 units per hectare. 9 2.2.4 Building heights shall not exceed 4 storeys, except as follows. 2.2.4.1 On lands within the area shown on Figure 5, building heights shall not exceed 2, 2 '/2 or 3 storeys in the locations as detailed on Figure 6. 2.2.4.2 Building heights for retirement residences and senior citizens residences located north and east of Warren Creek and south of the hydro corridor and north of Brown Road not exceed the building heights of 2 and 3 storeys as shown on Figure 6. 2.2.5 Buildings are encouraged to be designed with a street frontage that is pedestrian- oriented. To achieve this, buildings should be located close to the street. Exterior pedestrian access to individual dwelling units encouraged. Parking areas should be located within rear yards or interior side yards. Landscape buffers along any property line shall be of sufficient depth and intensity so as to provide appropriate levels of screening. 2.2.6 Block townhouses shall be designed so as to integrate with the streetscape by facing the street. More specifically, reverse lot frontage is discouraged. 2.2.7 Vehicular access, where possible, shall be located on a collector road. 2.2.8 Neighbourhood commercial uses consistent with section 2.5 may be established as part of a mixed residential /commercial development on the lands located on the west side of Kalar Road, immediately south and adjacent to the hydro corridor, as shown on Schedule A -3 and the Concept Plan, Appendix VII -A. 2.2.9 The Zoning By -law shall regulate the siting of buildings in the following manner: 2.2.9.1 Any senior citizens residence shall be located as far east as possible on lands 10 on the north side of Brown Road and east of Kalar Road. 2.3 Residential, High Density Lands designated Residential, High Density are located primarily on the east side of Kalar Road as shown on Schedule A -3 and the Concept Plan. 2.3.1 Residential, high density areas shall provide for apartment buildings. 2.3.2 Retirement and long term care facilities are also permitted. 2.3.3 In order to meet the greenfield density target, Residential, high density areas shall be developed at a minimum density of 75 units per net hectare to a maximum of 125 units per net hectare. Despite Policy 2.3.1, lower density housing types may be permitted on a site specific basis: (a) within a development to provide for a mix of housing if the overall density for the development meets the minimum for this designation; or (b) where justified by market conditions and the overall density target for the Plan Area is not jeopardized. 2.3.4 Unless otherwise stated, building heights shall not exceed 8 storeys for apartment buildings and 2 storeys for long term care facilities in the Secondary Plan Area. Despite this, in order to capitalize on this area's proximity to the Niagara Square Retail District, lands east of Kalar Road are intended to develop as a high -rise node. As such, densities may exceed 125 units per net hectare and building heights up to 12 storeys may be considered without amendment to this Plan. 2.3.5 In addition to the policies of PART 4, Section 4.5 of this Plan, increases in height and density may be considered in exchange for additional amenity space or parkland, or the provision of on -site or off -site 11 sustainable design elements without amendment to this Secondary Plan. 2.3.6 Buildings shall be designed facing the street in order to be pedestrian- oriented. Apartment dwellings should be located such that front and exterior side yards are generously landscaped to complement the streetscape or with podiums set close to the street. Lower density housing forms may be utilized along street frontages in combination with higher density apartment dwellings located internally. 2.3.7 Parking areas should be located within rear yards or interior side yards. Landscape buffers along all property line shall be of sufficient depth and intensity so as to provide appropriate levels of screening. Where a rear or exterior lot line or the rear or side building facade abuts a public road, enhanced landscaping and building treatments should be employed to ensure that building facades and servicing areas are attractive and /or appropriately screened from view. 2.3.8 Although lands designated as Residential, High Density are shown on Schedule A -3, applications to amend this Secondary Plan to permit high density housing on lands not so designated shall be considered, provided such lands front on McLeod Road, or provided such lands are located adjacent to or in proximity to the Niagara Square Retail District, and provided such lands are not in proximity to employment lands based on the following, in addition to the policies of this section noted above: 2.3.8.1 Lands should have frontage on an arterial road. 2.3.8.2 Lands should be close to: • public open space or parkland; or • commercial services. 2.3.8.3 Lands are to be of sufficient area and frontage to provide appropriate setbacks and landscaping. 12 2.4 Institutional 2.4.1 Although not shown on Schedule A -3, lands under any of the Residential designations may be used for institutional uses, subject to the following policies: 2.4.1.1 Schools (i) Two elementary school sites are to be provided in the Secondary Plan Area. Elementary schools provide a focus to the community and their locations contribute to its walkability. While school sites are illustrated conceptually on the Concept Plan, their ultimate location is to be guided by the following policies: (a) Each school site should be centrally located such that the majority of students are within an 800 metre radius. (b) Each school site shall have an area of between 2 to 3 hectares and be located with at least one frontage on a collector road. (c) School sites should also be integrated with the trails and open space system. (d) School sites shall be required to locate outside and away from the 2 km Cytec Arc, and school sites shall not be located within the lands east of Garner Road, and south of the Hydro Corridor and west of Kalar Road. 2.4.1.2 Places of Worship (i) Places of worship are to be located and designed in accordance with the following: (a) Places of worship shall not be located on a local road. 13 (b) Parking areas should be located within rear yards or interior side yards. Landscape buffers along any property line shall be of sufficient depth and intensity so as to provide appropriate levels of screening. (c) Buildings should be located close to the street to provide a street presence. (d) Places of Worship shall be required to locate outside and away from the 2 km Cytec Arc. (ii) Places of worship may be integrated with Residential, Medium Density and Residential, High Density designations as part of an overall development that is primarily residential. 2.4.1.3 Community Centres (i) Community centres shall be permitted on lands designated Medium Density and High Density in accordance with the following policies: (a) Community centres may be permitted as either stand alone buildings or integrated within a mixed use building. (b) Community centres are to be located on arterial roads. (c) Parking areas should be located within rear yards or interior side yards. Landscape buffers along any property line shall be of sufficient depth and intensity so as to provide appropriate levels of screening. (d) Buildings should be located close to the street to provide a street presence. (e) Community centres shall be required to locate outside and away from the 2 km Cytec Arc. 14 2.5 Neighbourhood Commercial Lands designated Neighbourhood Commercial are shown on Schedule A -3, located on the east side of Garner Road, north of the Hydro Corridor. In addition, the lands designated medium density lands located on the west side of Kalar Road, immediately south and adjacent to the hydro corridor, as shown on Schedule A -3 and the Concept Plan, Appendix VII -A, may establish neighbourhood commercial uses as part of a mixed residential /commercial development. No residential building may be sited with the 2 km Cytec Arc as shown on Schedule A- 3. 2.5.1 Recognizing the proximity of the Secondary Plan Area to the Niagara Square Retail District, and that development in the Plan Area should serve to strengthen the Retail District, commercial facilities within the Secondary Plan Area shall be limited to those that serve the day -to -day needs of residents. 2.5.2 The maximum retail gross floor area in the Secondary Plan Area shall not exceed 2,000 square metres. Any requests that will result in an increase beyond 2,000 square metres will require an amendment to this Plan and will be accompanied by an analysis that demonstrates: • that there is a sufficient population base within the Secondary Plan Area that will support the proposed floor area; and • that the establishment of the retail will not jeopardize the planned function of the Niagara Square Retail District. 2.5.3 The maximum gross floor area for any retail use shall not exceed 300 square metres. 2.5.4 The uses permitted within the Neighbourhood Commercial designation may include convenience stores, day nurseries, personal services and small scale restaurants, offices, clinics and financial institutions. 15 2.5.5 Notwithstanding the list of permitted Neighbourhood Commercial uses in policy 2.5.4, the following land uses are specifically prohibited: • automotive - related uses; • day nurseries or medical clinics within the 2.0 km Cytec Arc as shown on Schedule A -3 or on any part of the Neighbourhood Commercial designation that is part of that radius; and • any retail stores or commercial use that requires the outdoor storage of goods. 2.5.6 Building heights shall not exceed 3 storeys, except as prescribed by Figure 6. 2.5.7 Dwelling units are only permitted as part of mixed use buildings on the lands described in section 2.5, above. Within mixed use buildings, dwelling units may be established to a maximum of 75% of the total gross floor area and should be located above the ground floor. 2.5.8 Shared parking arrangements within mixed use buildings may be permitted on a site specific basis, subject to a Parking Demand Analysis being submitted, as part of an application to amend the Zoning By -law, to the satisfaction of the Director of Transportation Services. 2.5.9 Parking areas should be located within rear yards or interior side yards. Landscape buffers along any property line shall be of sufficient depth and intensity so as to provide appropriate levels of screening. 2.6 Mixed Use The lands designated Mixed Use, as shown on Schedule A -3, are generally located within the southeast quadrant of Kalar Road and McLeod Road. 2.6.1 The intent of the Mixed Use lands is to provide opportunities for commercial and service commercial uses that benefit from arterial road frontage, recognize the uses that currently exist and to provide a transition to the residential lands by permitting further commercial as well as residential uses. 16 2.6.2 Buildings may be developed as stand alone commercial or residential uses or in combination. However, it is the intention of this Plan that the lands located on the southwest corner of Kalar Road and McLeod Road be developed as a mixed commercial /residential use. 2.6.3 Building heights shall not exceed 6 storeys. 2.6.4 Commercial uses may be developed in the following manner: 2.6.4.1 Retail, offices, day nurseries, clinics and personal and service commercial uses that benefit from arterial road frontage shall be permitted. 2.6.4.2 Parking areas located along Kalar Road should be limited to a single row and drive aisle and should be separated from Kalar Road by a landscape buffer of sufficient depth and intensity such that the parking area is appropriately screened from Kalar Road. 2.6.5 Residential uses may be developed in the following manner: 2.6.5.1 Densities for stand -alone residential buildings shall not be Tess than 50 units per net hectare to a maximum of 75 units per net hectare. 2.6.5.2 Parking areas should be located in the rear or interior side yards. Where a rear or exterior lot line or the rear or side building facade abuts a public road, enhanced landscaping and building treatments should be employed to ensure that building facades and servicing areas are attractive and /or appropriately screened from view. 2.6.5.3 Residential uses should occupy floors above the ground floor in mixed use buildings. 17 2.6.5.4 Shared parking arrangements within mixed use buildings may be permitted on a site specific basis, subject to a Parking Demand Analysis being submitted, as part of an application to amend the Zoning By -law, to the satisfaction of the Director of Transportation Services. 2.6.5.5 Amenity areas should be located adjacent to natural heritage features in order to assist in mitigation of the development and to integrate built and natural environments. 2.7 Employment The lands designated Employment are shown on Schedule A3 and are considered as two distinct precincts. 2.7.1 It is the objective of this Plan to attain an employment density of 30 jobs per hectare, and as such, this density shall be applied to Employment lands when calculating overall densities across the Secondary Plan Area. Densities will be monitored by the City as Employment lands develop. 2.7.2 The principal uses permitted within the Employment designation may include: (a) on the lands on the west side of Montrose Road: • offices, medical clinics; • government services, research and, training facilities; • facilities for the research, development and production of alternate energy sources; • opportunities for live /work environment and form, subject to policy 2.7.7; • prestige industrial uses, including laboratories, research and development facilities, communications /telecommunications facilities, and manufacturing and processing of semi - processed or fully processed materials deemed not to be obnoxious by 18 reason of dust, odour, fumes, particulate matter, noise and /or excessive vibrations; • commercial services such as, but not limited to, banks and restaurants, which may only develop once the majority of the land area designated Employment has been developed with the uses noted above; • ancillary retail and service uses to the above, which may be up to 25% of the gross floor area of the principal use but shall not exceed 450 square metres in gross floor area and only where internally integrated as a component of an employment use; and • medical clinics are limited to 3 storeys in height. (b) on lands within the southwest quadrant of the Plan Area: • prestige industrial uses, including laboratories, research and development facilities, communications /telecommunications facilities, and manufacturing and processing of semi - processed or fully processed materials deemed not to be obnoxious by reason of dust, odour, fumes, particulate matter, noise and /or excessive vibrations; and • ancillary retail and service uses, which may be up to 25% of the gross floor area of the principal use but shall not exceed 450 square metres in gross floor area and only where internally integrated as a component of an employment use. 2.7.3 Notwithstanding the list of permitted employment uses in policy 2.7.2, the following land uses are specifically prohibited: • assembly of persons and accommodation uses within the 2.0 km Cytec Arc as shown on Schedule A -3; • drive - through restaurant; • the outdoor display or storage of goods in front or 19 exterior side yards; • nightclubs or banquet halls; • places of entertainment; • adult entertainment parlour; • body rub parlour; and • taxi establishments. 2.7.4 The number of access points from individual lots to public roads shall be minimized. Shared access and internal connections between multiple Tots is encouraged. 2.7.5 Employment lands shall be developed in accordance with the following design criteria: • loading and servicing areas should be located in the rear yard of the lot and be screened from view through built form and landscaping; • buildings shall front onto, and have a consistent front yard setback; • buildings should be sited and massed consistently; • front and exterior side yards should have a minimum landscaped area of 6 metres, except along Montrose Road which should be 12 metres in width; and • shall have a maximum building height of 3 storeys within a 2.0 km radius of the Cytec phosphine plant. 2.7.6 The City shall participate in discussions with telecommunications providers regarding the feasibility of servicing employment areas with leading edge telecommunications services, including broadband technology, to attract knowledge -based industries and support economic development, technological advancement and growth of existing businesses. 2.7.7 Provision of live /work units within the eastern precinct represents an opportunity to supply a unique lifestyle choice to a segment of society that desire to offer goods and /or services to the marketplace from a small scale production and /or office unit space combined with their principle residence. 20 Live /work differs from a general Mixed Use designation through the type of use that may be anticipated or conducted on the premise. The supply of live /work units would be limited to the lands identified on Figure 7 and subject to the following: 2.7.7.1 Live /work units are intended to serve as a transitional land use between Employment and Residential or Environmental land use designations and as an alternative to traditional employment areas. Identification of the live /work location on the Concept Plan is intended to provide guidance for the adjacent prestige industrial uses fronting onto Montrose Road and to plan for design mitigation measures. Live /work units shall only be permitted through an amendment to the Zoning By- law and subject to the following policies. (a) At least 60% of the land area of the adjacent Employment lands shall be developed prior to the establishment of any live /work use. (b) Establishment of live /work uses shall not negatively impact the future development of industrial uses in the Employments lands through impositions of Distance Separation Criteria. (c) Proponents of live /work uses shall demonstrate that established industrial uses wjthin the Employment designation will not negatively impact residential occupancy through application of Ministry of Environment Distance Separation Criteria. (d) Live /work built form should be restricted to three storey structures with business operations restricted to the ground floor. 21 Approximate Location of Live /Work Built Boundary Plan Boundary Proposed Land Use Mil Employment 1.--'1 Residential Medium Density Mixed Use Environmental Protection Area (e) Each live /work unit should be self - contained. (f) Adequate outdoor amenity space should be provided for residential units. (g) Adequate parking is to be provided for both employment and residential uses. 2.7.7.2 The zoning by -law shall detail the uses permitted and regulations. Although a broad range of uses may be permitted, it is anticipated that uses will involve Tight manufacturing or minor production of goods, such as cabinet making, graphics printing and publishing, clothing customizing and industrial sewing. Uses are not to utilize or emit noxious substances. 2.7.7.3 Employment uses adjacent to live /work uses shall provide generously planted landscaped areas along adjacent property lines and utilize other design measures to buffer these uses from the live/work uses. 2.8 Open Space System 2.8.1 The Trails and Open Space System, comprised of trails, parkland and the rechanneled Warren Creek, is illustrated on the Concept Plan (Appendix VII -A). Parkland is shown on Schedule A3, designated Open Space. Lands under this designation shall include parkland and trails. The locations are conceptual in nature and may be revised during the approval of individual draft plans of subdivision. 2.8.2 Neighbourhood parks should be a minimum of 2 hectares in size and may be for either active or passive recreation. 2.8.3 Individual plans of subdivision or condominium that provide a dedication of land shall design the park such that it has connections, or can be readily 22 connected to, other components of the trails and open space system. 2.8.4 Site specific storm water management facilities and natural heritage features shall not be accepted as parkland dedication. 2.8.5 Trails shall be obtained in accordance with the Planning Act, pursuant to section 51 (25) (b), over and above lands dedicated for parkland. In addition, trails shall be constructed by the developer during the initial construction phase of a plan of subdivision or condominium or site plan, in accordance with the applicable City standards for trail construction. 2.8.6 The trail system is to provide both a recreational and utilitarian function. Accordingly, connections will be made to the road network as well as to the employment areas, neighbourhood commercial uses and mixed use areas. 2.8.7 Trails and bikeways should connect into the Regional Bicycle Network System. This System, part of the Regional Bikeways Master Plan, includes the following arterial roads in the Secondary Plan Area: • Brown Road; • Chippawa Creek Road; • McLeod Road; and • Montrose Road. 2.8.8 An Environmental Impact Study shall be prepared when requested to the satisfaction of the City, Niagara Region and the Niagara Peninsula Conservation Authority for any trail system that is planned to be extended into or adjacent to an area designated Environmental Protection Area or Environmental Conservation Area. 2.9 Environmental Protection (EPA) and Environmental Conservation (ECA) Areas 2.9.1 General Natural Heritage System Policies 2.9.1.1 The City supports an ecosystem approach to the identification, protection and 23 enhancement of our natural heritage resources that addresses: a) the interrelationships between air, land, water, plant and animal life, and human activities; b) the health and integrity of the overall landscape; and c) the long term and cumulative impacts on the ecosystem. 2.9.1.2 The City shall encourage and support the efforts of the Ministry of Natural Resources, the Niagara Peninsula Conservation Authority and the Region of Niagara to protect, maintain, rehabilitate or improve the quality of the natural heritage features resources within this Plan area in accordance with environmental and natural resource management legislation. 2.9.1.3 Land owners shall be encouraged to consult with the Ministry of Natural Resources, Niagara Peninsula Conservation Authority and the Region of Niagara prior to commencing work of any kind on or adjacent to an area containing natural heritage resources in order to determine the means by which to avoid or minimize negative impacts. 2.9.1.4 When considering development or site alteration within or adjacent to a natural heritage feature, the applicant shall design such development so that there are no significant negative impacts on the feature or its function within the broader ecosystem. Actions will be undertaken to mitigate any unavoidable negative impacts. 2.9.1.5 A permit from the Niagara Peninsula Conservation Authority may be required for any works within areas regulated by the Conservation Authority's Regulation of Development, Interference with Wetlands 24 2.9.1.6 2.9.1.7 and Alterations to Shorelines and Watercourses (Ontario Regulation 155/06). The policies of the Natural Heritage System shall apply to protect any previously unmapped natural heritage feature identified by an Environmental Impact Study regardless of the land use designation applying to such feature in this Plan. To discourage interference with the function of a natural heritage feature or its buffer area, the proponent of new development located adjacent to a natural heritage feature may be required by the Department of Parks & Recreation, to construct a fence in compliance with the City's Development Guidelines. 2.9.1.8 Applications for draft plan of subdivision/ condominium or site plan approval shall demonstrate, through required studies such as an environmental impact study, drainage plan or a subwatershed plan, how the proposed development will comply with the objectives, targets and recommendations of the Warren Creek watershed plan or any subsequent subwatershed plans. 2.9.1.9 An Environmental Impact Study (EIS) shall be required as part of a complete application under the Planning Act for site alteration or development on lands: a) within or adjacent to an Environment Protection Area or Environmental Conservation Area as shown on Schedule A -3; or b) that contain or are adjacent to a natural heritage feature. 2.9.1.10 An EIS required under this Plan shall be prepared in accordance with the EIS Guidelines adopted by Regional Council and: 25 a) include a Terms of Reference, reviewed by the City, Region and, where appropriate, the Niagara Peninsula Conservation Authority, that outlines the scope of the study; b) be prepared and signed by a qualified professional; c) be to the satisfaction of the City of Niagara Falls, in consultation with the Region and the Niagara Peninsula Conservation Authority, for proposals within or adjacent to ECA; and d) be to the satisfaction of the Region, in consultation with the City and the Niagara Peninsula Conservation Authority, for proposals within or adjacent to ECA. 2.9.1.11 The City, in consultation with the Region and the Niagara Peninsula Conservation Authority, may require a scoped EIS in place of a full EIS for developments to address specific issues such as encroachment into a natural area, potential impact on a natural heritage feature or the degree of sensitivity of the natural area. A scoped environmental impact study is an area specific study that addresses issues of particular concern. 2.9.1.12 The required content of an EIS may be reduced, in consultation with the appropriate authorities, where: a) the environmental impacts of a development are thought to be limited; or b) other environmental studies fulfilling some or all requirements of an EIS has been accepted by the appropriate authority. 2.9.1.13 Linkages and natural corridors that provide a connection between natural heritage features can include valleylands, 26 contiguous woodlands and wetlands, creeks, hedgerows, and service corridors. New development should not interfere with the function of these linkages and corridors and all efforts should be made through design for the enhancement or rehabilitation of natural heritage resource connections. Where specifically defined through an EIS or other natural heritage study or plan linkages and corridors shall be protected through use of an appropriate zone in the City's Zoning By -law. 2.9.1.14 Development or site alteration shall not have adverse impacts on ground or surface water quality or quantity. The City, in consultation with the appropriate agencies, may require a hydrogeological study or an environmental impact assessment for development or site alteration for any proposal that may impact, either locally or cross - jurisdictionally, on: a) the quantity and quality of surface and ground water; b) the functions of ground water recharge and discharge areas, aquifers and headwaters; c) the natural hydrologic characteristics of watercourse such as base flow; d) surface and ground water such that other natural heritage features are negatively affected; e) natural drainage systems and stream forms; and f) flooding or erosion. 2.9.1.15 Development or site alteration adjacent to any hydrologic feature such as valleylands, stream corridors or Municipal Drains shall be setback from the stable top of slope in accordance with the Regulations of the Niagara Peninsula Conservation Authority. The required setback shall be protected through the implementing zoning by -law. 27 2.9.1.16 All development is to be designed in a sensitive manner having regard to the environmental, social and aesthetic benefits of trees, hedgerows and woodlands through the following: i) The retention and protection, to the greatest extent possible, of the existing recognizing its and aesthetic tree cover, environmental importance. Ensuring efficient harvesting and use of trees that must be removed to accommodate the placement of buildings, structures and roads. iii) The incorporation of land with existing tree cover into the urban area park system, if appropriate. iv) The maintenance and possible enhancement of tree cover along watercourses and on steep slopes, in order to reduce soil erosion and improve water quality. v) Permitting the continued management and selective harvesting of forest resources, where appropriate. vi) The use of native trees in development design. 2.9.1.17 The City supports the protection of woodlands greater than 0.2 hectares in size and individual trees or small stands of trees on private lands that are deemed by Council to be of significance to the City because of species, quality, age or cultural association from injury and destruction through such means as the Region's Tree and Forest Conservation By -law or any similar municipal by -law. 2.9.1.18 The City shall encourage the retention of individual trees or stands of trees wherever possible through development applications including site plan control, plan of subdivision or vacant land condominiums. 28 A Tree Savings Plan may be requested as a condition of development. 2.1.9.19 The City shall regulate the fill, topsoil Removal or site alteration through a by -law and consider the approval of additional regulatory measures, as specified under the Topsoil Preservation Act. Site alteration or development which may result in flooding and erosion, property damage, poor water quality, degradation of farmland and adverse impacts on natural areas the dumping or placing of fill, and the grading of land shall not be permitted unless in compliance with the City's Fill, Topsoil Removal or Site Alteration By -law and where the site alteration /development is proposed through a planning application under the Planning Act, no site alteration shall occur until all required studies under Part 4, Section 14 of this Plan have been approved. 2.9.2 General EPA and ECA Policies 2.9.2.1 Development and site alteration, where permitted under the following designations, shall be subject to the natural heritage system policies of Section 2.9.1. 2.9.2.2 In considering the creation of a new lot, a change in land use, or the construction of buildings and structures requiring approval under the Planning Act on lands adjacent to an EPA or an ECA designation, Council will require the proponent to prepare and submit an Environmental Impact Study as outlined in Policies 2.9.1.9 to 2.9.1.12. Adjacent lands include: 15m from NPCA Regulated Wetlands less than 2ha in size and creeks outside the flood plain 30m from Non - Provincially Significant Wetlands 29 50m from Provincially Significant Life ANSIs, Earth and Life Science ANSIs and Significant Woodlands 120m from Provincially Significant Wetlands and NPCA Regulated Wetlands greater than, or equal to, 2 ha. 2.9.2.3 The limits of the EPA and ECA designations and their adjacent lands may be expanded or reduced from time to time as new environmental mapping and studies are produced by the Ministry of Natural Resources or the Niagara Peninsula Conservation Authority or through site specific applications where produced by qualified environmental consultants and approved by the appropriate authority. Where an Environmental Impact Study has concluded that an expansion to the EPA designation or its adjacent lands is warranted by the identification of a significant natural feature /function or habitat, the Official Plan shall be amended to appropriately reflect the areas to be protected. Minor reductions or minor expansions to the limits of EPA or its adjacent lands on Schedule A may be made without amendment to this Plan. 2.9.2.4 A holding provision may be utilized through the City's Zoning By law to require the completion and approval of an environmental impact study prior to any development or site alteration on adjacent lands. The Niagara Peninsula Conservation Authority shall be consulted regarding the removal of any Holding provisions. 2.9.2.5 Where permitted elsewhere in this Plan, new lots adjacent to an EPA or ECA designation shall not extend into either the area to be retained in a natural state or its 30 buffer area as identified and approved through an Environmental Impact Study. The natural heritage features and buffer areas are to be maintained as a single block and zoned appropriately in the City's Zoning By law. 2.9.2.6 Essential public uses of a linear nature including utilities, communication facilities and transportation routes may be permitted to extend through an EPA or ECA designation, or within adjacent lands, where an Environmental Assessment for the proposed use has been approved under Provincial or Federal legislation. 2.9.2.7 Where development is permitted within an ECA or on adjacent lands existing natural linkages between the lands designated ECA and EPA lands, other designated or non - designated natural heritage features shall be maintained. The exact limits of such linkages shall be assessed and approved through an Environmental Impact Study through development applications or natural area inventories. New linkages, where needed, should form part of applications for development through a land use designation or easement. 2.9.3 Environmental Protection Areas (EPA) 2.9.3.1 The EPA designation shall apply to Provincially Significant Wetlands, NPCA regulated wetlands greater than 2ha in size, Provincially Significant Life Science ANSIs, significant habitat of threatened and endangered species, floodways and erosion hazard areas and environmentally sensitive areas. 2.9.3.2 Development or site alteration shall not be permitted in the EPA designation except where it has been approved by the Niagara Peninsula Conservation Authority or other appropriate authority, for the following: 31 a) forest, fish and wildlife management; b) conservation and flood or erosion projects where it has been demonstrated that they are necessary in the public interest and other alternatives are not available; c) small scale, passive recreational uses and accessory uses such as trails, board walks, footbridges, fences, docks and picnic facilities that will not interfere with natural heritage features or their functions. 2.9.3.3 Minor expansions to an existing legal non - conforming use within the EPA designation may be permitted through an application pursuant to the Planning Act where the City is satisfied that there will be no negative impact on a natural heritage feature or its ecological function. Expansions that result in a substantial intensification in land use or increase in footprint shall require an Environmental Impact Study as part of a complete application. A minimum vegetated buffer established by an Environmental Impact Study (EIS) shall be maintained around Provincially Significant Wetlands and Niagara Peninsula Conservation Area Wetlands greater than 2 ha in size. The precise extent of the vegetated buffer will be determined through an approved EIS and may be reduced or expanded. New development or site alteration within the vegetated buffer is not permitted. Expansion, alteration or the addition of an accessory use in relation to an existing use within the buffer may be permitted, subject to an approved EIS, where: 2.9.3.4 a) the expansion or accessory use is not located closer to the edge of the 32 provincially significant wetland than the existing use; and b) the expansion or accessory use cannot be located elsewhere on the lot outside of the designated buffer area. 2.9.3.5 Endangered and Threatened species are identified through lists prepared by the Ministry of Natural Resources. The Significant habitat of threatened and endangered species are identified, mapped and protected through management plans prepared by the Ministry of Natural Resources and the Committee on the Status of Endangered Wildlife in Canada and all applications made pursuant to the Planning Act within or adjacent to the EPA designation will be circulated to the Ministry of Natural Resources for review. 2.9.3.6 Natural hazard lands, including floodplains and erosion hazards, are included within the EPA designation because of their inherent risks to life and property. Natural hazard lands where identified by the Niagara Peninsula Conservation Authority or any study required under this Plan, shall be placed within an appropriate zoning category in the City's Zoning By -law. Development or site alteration may be permitted within or adjacent to floodplains or erosion hazards subject to written approval from the Niagara Peninsula Conservation Authority. 2.9.4 Environmental Conservation Area (ECA) 2.9.4.1 The Environmental Conservation Areas designation contains significant woodlands, significant valleylands, significant wildlife habitat, fish habitat, significant Life and Earth Science ANSIs, sensitive ground water areas, and locally significant wetlands or NPCA wetlands less than 2ha in size. 33 2.9.4.2 Permitted uses within the ECA designation shall include: a) forest, fish and wildlife management; b) conservation and flood or erosion projects where it has been demonstrated that they are necessary in the public interest and other alternatives are not available; c) small scale, passive recreational uses and accessory uses such as trails, board walks, footbridges, fences, docks and picnic facilities that will not interfere with natural heritage features or their functions; d) uses ancillary to the uses listed above including: parking areas, interpretive centres, conservation area shelters, essential utility structures and other related uses that are compatible with the ECA designation; where such works have been approved by the Niagara Peninsula Conservation Authority or other appropriate authority. 2.9.4.3 Minor expansions to an existing legal non - conforming use within the ECA designation may be permitted through an application pursuant to the Planning Act where the City is satisfied that there will be no negative impact on a natural heritage feature or its ecological function. Expansions that result in a substantial intensification in land use or an increase in footprint shall require an Environmental Impact Study as part of a complete application. 2.9.4.4 Notwithstanding the above policies, development and site alteration may be permitted within fish habitat in accordance with Provincial and Federal requirements. The buffer areas for fish habitat have been designated ECA in this Plan with the intention of providing a vegetative buffer 34 and riparian areas along the water channel for protection from soil or chemical runoff and to stabilize water temperature. Where a site specific study has identified a setback for a protective buffer for fish habitat, this setback shall be reflected in any implementing zoning by -law. Not all fish habitat have been evaluated and mapped and may, therefore, not be reflected on Schedules A -3 to this Plan. Fish habitat may be identified by the Niagara Peninsula Conservation Authority through preconsultation. Where this is the case, the fish habitat policies of this Plan apply. 2.9.4.5 It is the intent of the ECA designation to provide for the protection of natural heritage features while recognizing that the extent of the designation may be further refined through on site study. Where it has been demonstrated through an approved Environmental Impact Study that an area currently designated ECA does not meet the criteria for that designation, in whole or in part, the policies of the adjacent land use designation shall apply provided that the EIS has successfully demonstrated that the proposed use will not have an adverse impact on the features or functions of the remaining ECA or their adjacent lands. In such circumstances an amendment to this Plan is not required however the change shall be implemented through an amendment to the City's Zoning By -law. 2.9.4.6 Valleylands are identified through mapping of the Niagara Peninsula Conservation Authority. A minimum vegetated setback from the top of bank shall be established through the implementing zoning by -law based on site specific conditions in accordance with the Niagara Peninsula Conservation Authority Regulations. Where 35 development or site alteration is proposed within or adjacent to a significant valleyland and ownership of the valleyland or flood plain is not assumed by the City or other public agency, the City may require the submission of a detailed site grading plan for any new lot prior to the issuance of a Building Permit as a condition of development. 2.10 Infrastructure 2.10.1 Storm Water Management 2.10.1.1 A combination of piped storm sewers and overland drainage systems will be employed due to the generally flat topography of, and the shallow drainage courses that flow through, the Secondary Plan Area. 2.10.1.2 Overland and piped storm water flows will not be directed outside of the respective watershed. 2.10.1.3 Storm drainage for the lands within the Warren Creek Watershed will be conveyed to the re- channeled Warren Creek in accordance with the provisions of the Warren Creek Watershed Plan and Implementation Plan. 2.10.1.4 The location of storm water management facilities are shown on the Concept Plan. Such facilities are not shown on Schedule A -3 and may be located under any land use designation, including the facility within the northeast quadrant of Kalar Road and Brown Road, which is designated Environmental Protection Area. 2.10.1.5 Private, individual or temporary storm water management facilities are discouraged. Such installations shall be undertaken at the cost of the developer. 36 2.10.1.6 Storm water management facilities will be constructed as naturalized features, utilizing native plant species and grading techniques to create a natural area. If required, public access will be precluded through the use of vegetation and not fencing. Such facilities will be integrated with the Open Space System of the Secondary Plan Area. 2.10.1.7 The lands shown Figure 8 are located within the Thompsons Creek Watershed. In the absence of a watershed plan for Thompsons Creek Watershed, a Scoped Watershed and Master Drainage Plan is required to be completed prior to development. It is anticipated that the Scoped Watershed and Master Drainage Plan will be prepared by the City as a Development Charges study. Alternatively, the Plan may be prepared by an individual or group of individual landowners within the affected area. The Plan shall be developed in consultation with the owner of Thompsons Creek and completed to the satisfaction of, in the case of a landowner- initiated study the City and, the Niagara Peninsula Conservation Authority, and will: • assess pre- development surface and subsurface hydrological conditions; • model post - development conditions to identify storm water management requirements to ensure that the hydrology of the natural heritage features is not negatively impacted; • provide a hydrogeological analysis to identify storm water management requirements in order to ensure that pre - development infiltration conditions into Thompsons Creek remain unaffected; • develop a storm drainage and storm water management plan for this portion of the watershed that manages storm water on a communal scale and 37 Figure 8: Thompson s Creek Subwatershed • • • • •• ••••••• • • • • • i • • JiallOwnw • • • • • • • • • • •ass• • • • • • • • • • • • • • • • • • • • • • • • . • • • • *�ts• ; +s QUEEN ELIZAB.,._ETH_,wp`Y_- •• • • • • s • • • • • • • • • • _ s__s _ _KALAR RD GARNER RD Subwatershed and Master Y U N T C O o ra E N V1 (j ., 2 C N 10 3 6 1 C Y a U C o CO N U c 5 U U a D provides for buffers to natural heritage features; • assess the natural heritage features in this portion of the watershed in accordance with the Environmental Impact Study requirements of the Niagara Peninsula Conservation Authority and the Natural Heritage policies of this Plan; • identify the natural heritage constraints to development; • characterize surface and subsurface hydrological conditions of the natural heritage areas and requirements of the storm management plan to meet these conditions; and • identify any impacts on the natural heritage system from the proposed storm water management plan and any methods that may be necessary to mitigate these impacts. 2.10.1.8 No development shall occur within the Thompsons Creek Watershed area in advance of any municipal storm water management works required by the Scoped Watershed and Master Drainage Plan. Any applications to amend the Zoning By -law to permit development prior to the completion of these works shall be have a Holding provision attached to the zone classification. 2.10.1.9 Should development impact upon or alter existing conditions of Thompsons Creek, developers shall obtain consent of the owner of Thompsons Creek and the Niagara Peninsula Conservation Authority to permit these impacts or alterations, or in the alternative shall redesign its development so as to maintain the existing conditions. These impacts or alterations include impacts on flood potential, erosion, water quality and quantity and fish habitat. 38 2.10.2 Sanitary and Water Services 2.10.21 Sanitary services will be constructed in accordance with the recommendations of the Garner /Southwest Sanitary Service Area Municipal Class EA. This shall not preclude the extension of sanitary and water services through private lands to service lands within the northwest quadrant of the Secondary Plan Area. 2.10.2.2 Water services may be constructed in concert with sanitary services. 2.10.2.3 Lands served by private septic systems shall connect to municipal sanitary sewers and water services when available. 2.10.3 Utilities 2.10.3.1 The City shall participate in discussions with utility providers such as hydro electric power, communications /telecommunications, pipelines and natural gas to ensure that sufficient infrastructure is or will be in place to serve the Secondary Plan Area. 2.10.3.2 Through the Environmental Assessment and subdivision processes, appropriate locations for large utility equipment and cluster sites will be determined. Consideration will be given to the locational requirements for larger infrastructure within public rights of way, as well as easements on private property. 2.10.3.3 Utilities will be planned for and installed in a coordinated and integrated basis in order to be more efficient, cost effective and to minimize disruption. 2.11 Growth Strategy 2.11.1 Phasing of Development 39 2.11.1.1 Development shall progress in an orderly, efficient and fiscally responsible manner. The phasing strategy for the Secondary Plan Area is shown on Appendix VII -B to the Official Plan. The servicing of lands, including the upgrading and widening of roads, within this Secondary Plan Area shall be undertaken as is required by demand. 2.11.1.2 In order to ensure that development occurs in an orderly manner Council may use holding provisions in the zoning of lands. Holding provisions can be lifted only after the following matters have been satisfied: • that sufficient revenue has been, or will be, generated through Development Charges to finance the servicing of the proposed stage of Secondary Plan development; • that any extensions of municipal sanitary sewers and watermains required to service the lands have been designed and approved for construction; • that the extent of the short term (serviced) land supply within the Secondary Plan Area is not more than 10 years; • whether the extent of intensification occurring within the City's Built -up Area over the previous 5 years has been at the targeted rate; • completion of the Thompsons Creek Scoped Watershed and Master Drainage Plan to the satisfaction of the City and the Niagara Peninsula Conservation Authority for the lands located on the west side of Garner Road; and • execution of any front - ending agreement by the owner of lands subject to a holding provision, all in accordance with requirements of the Development Charges Act. 40 2.11.1.3 The timing of subsequent phases of the Secondary Plan Area will be determined based on the following: (a) an evaluation of infrastructure investments, including Development Charge revenue; (b) the extent of short term supply, not only within the Secondary Plan Area, but within the City's Greenfield Area; and (c) the extent of intensification occurring within the City's Built -up Area over the current phase of development. 2.11.1.4 Development of lands within the Thompsons Creek Watershed area shall not proceed until the completion of the Scoped Watershed and Master Drainage Plan to the satisfaction of the City and the Niagara Peninsula Conservation Authority. In the case of lands on the west side of Garner Road, development shall also not proceed until a municipal sanitary sewer and watermain are extended along Garner Road. The timing of the Scoped Watershed and Master Drainage Plan and the extension of the municipal sanitary sewers and watermains will be dependant on the financial resources of the City and /or any front - ending agreements between benefiting landowners in the Thompsons Creek Watershed Area. 2.11.1.4.1 Notwithstanding the above the lands within the southwest quadrant of Garner Road and McLeod Road may be serviced by way of extension of municipal sanitary sewers and watermains internally through the Secondary Plan 41 Area. Such a servicing alternative is subject to negotiation and mutual consent of the applicable landowners as detailed in Section 2.12. 2.11.1.5 The City, through future Development Charge By -law Reviews, may consider an area specific Development Charge By -law for the Secondary Plan Area. 2.11.1.6 The development of employment lands is encouraged to proceed concurrently with residential development in order to create a live /work community. Retail and service commercial uses are also encouraged to develop concurrently with residential development so as to provide residents with neighbourhood shopping and services. 2.11.1.7 Medium and high density housing forms are to develop concurrently with lower density forms. Applications for draft plan approval of plans of subdivision on lands designated Residential, Low Density should contain a land area of not Tess than 20 gross developable hectares or 300 housing units. Notwithstanding, the staging of registration of lands within draft approved plans of lesser land area or number of housing units is permitted. Applications should include a mix of the housing types noted in Policy 2.1.1 and provide an indication of the phasing in of each dwelling type. 2.11.2 Front - ending Agreements 2.11.2.1 For the purposes of this Secondary Plan, a front - ending agreement, pursuant to the Development Charges Act, is a financial contract entered into with the City whereby an individual or individuals agree to pay for the installation of infrastructure 42 identified in the Secondary Plan in order to permit development to proceed within the Secondary Plan Area in advance of other benefiting developments paying its share of costs. 2.11.2.2 Where an application has been made for a development in advance of the installation of infrastructure identified within this Secondary Plan as required to support the subject development, including both on -site and off -site services as well as upstream and downstream system requirements, Council may consider entering into a front - ending agreement with a developer, as a condition of approval, in accordance with City's policies and procedures respecting such agreements. 2.12 Transportation 2.12.1 The Concept Plan illustrates the conceptual design for the Secondary Plan Area. The design employs a modified grid system of streets with the aim to allow for walking, cycling and access to transit. Individual plans of subdivision will be consistent with this grid system. 2.12.2 Right -of -way widths for all roads shall be in accordance with PART 3, Section 1.5.18 of this Plan. 2.12.3 As part an application to amend the Zoning By -law application, a traffic impact study may be required to be submitted. The study will assess the impacts on the existing road network, intersections and recommend any improvements to the road network that will be needed. Any improvements to the existing road network or to intersections shall be constructed at the cost of the applicant unless such improvements have been identified in the Development Charges By -law. 2.12.4 The arterial road system currently exists in the Secondary Plan Area. The following policies shall apply to arterial roads: 43 2.12.4.1 Expansion of arterial roads from their current width shall generally proceed in phase with development, subject to the Development Charge revenue generated at the time being sufficient. 2.12.4.2 Driveways access to arterial roads shall be minimized. On corner lots, driveway access shall only be provided on the lesser order road frontage. 2.12.4.3 Reverse lot frontage shall be avoided where at all possible. 2.12.4.4 Developments along any arterial road, shall provide generously landscaped open space adjacent to the arterial frontage, save and except for any driveway or sidewalk access. 2.12.5 The collector network is shown on Schedule A -3 and on the Concept Plan. Collector roads are to provide for the conveyance of traffic into and out of the community and to provide for transit routes. Accordingly the following policies shall apply: 2.12.5.1 Parkside Drive shall be extended south of McLeod Road so as to provide for a continuous north -south collector road. Parkside Drive will function as a transit route. 2.12.5.2 An east -west collector road connection may be made between Kalar Road and Pin Oak Drive and designed to serve as a transit route. 2.12.5.3 An east -west collector, in the vicinity of the Hydro corridor, shall extend across Warren Creek in order to provide for a connection to the lands on the west side of the Creek. 2.12.5.4 Bicycle lanes should be provided on all collector roads. 44 2.12.6 Traffic circles will be encouraged to be used at the intersection of any two collector roads. 2.12.7 The specific configuration of local roads, laneways and the resultant lot patterns are to be established through individual plans of subdivision. 2.13 Implementation 2.13.1 The Secondary Plan shall be implemented in accordance with the requirements of the Planning Act, Development Charges Act and other applicable legislation. 2.13.2 The lands that are subject to future development shall be zoned Development Holding. Development shall proceed by way of amendment to the Zoning By -law. Applications made shall comply with the policies regarding complete applications in PART 4 of this Plan. 2.13.3 Lot creation shall proceed primarily by way of plan of subdivision or condominium. Applications for consent that do not impact on the integrity of the Secondary Plan may be considered: • for lands where plans of subdivision or condominium are not appropriate; • for lands that have not been included in a plan of subdivision or condominium; • for technical or purposes; or • in the case of part lot control. An air quality, noise and vibration study is required for any development for a sensitive land use that is located near a major facility such as a transportation corridor, industrial use, sewage of water treatment facility, pumping station or a landfill operation. SAOFFICIAL.PLNIAMENDI #99 - Gamer South Secondary Plan1OP Document1Body_99 - REVISED, September 18.doc 45 VOIARSIDE IsEet mg.., To E -0 c a) 0 ( 0 .RD OAK 2 z RID 40040010 CPO. euzasent WAR I. VIIIMED. VAR DR.R.D0Do RD GAMER RD MODIDOSE RD 0) 0) d z "1-E' a) o E -0 C'E) co E < 0 w w -J Env vramental i,obeclual Nea 'HO GOOMMVO 000M>1VO Sr-)11T SECOND 412 Map 5 to Amendment No. 99 APPENDIX VII -C DENSITY CALCULATION Density Calculation In 0 0 CO L 0 O 0 N 0 c E O a E w a(0 0) m c C m E 0 E a) 0) O H 1` O) CO OD 2, N V II II In a) 0 .N y C C O a Y g E E E E .c TO E E E c C n N To n 0 . N Number of Units OD O) (0 0 M o 0) LO O J E 0) 0 2 * areas subject to change; to be based on adopted Schedule A -3 Target: 53 people and jobs per hectare Total Employment GDA = 58.34 ha al GDA = 104.12 ha Assumed employment density: 30 jobs per hectare 1. Employment Calculation N .0 O O L O N N in O O T 0 O N L "O 7) 11 O C 7 a) N O O LO .. E. a) a) @ 8 a) (0 0) > a E d C Q a) O 6 ..: l) 71 c E c 7 o ` m a N O N r = a a 01 N 0 m a) a G1 o — > L co M o N O 2 O d m a ao 'c E co rn N 01 f- O 7 7 CO 0 O L C In N CO E LE, it p c N N co C (0 to 0) II O g N E d QO O E I cn a) 11 a ( < o N i - o C > Q m E O N-0 0.) a U p O u) L O Q E a ao (O L a) M > r s N I O @ a a) N a) 10 `— R 0)00)°O.. 6 , 0 O L C Q II U m -O O a) U a L C 01 • N NO N a) LO ID O c0 O j 1.) C d U N T i0 'O d @> N N O 7. L O c o al m c Ti, a) ac) a`i a c f0 a) a c o a 7 E a E a m o 0 m '. @ a°) E >. rn 0) .y O o a a) a) -O 0. 0 p_ � A y a) O) .- j E W m am to w E o o co E a o M — w o rn m LLl CO F- N U7 II co- Q y O N a) N_ N 0) CITY OF NIAGARA FALLS By -law No. 2012 - A by -law to authorize the execution of an Agreement with Dr. Ken Abrahim dated September 7, 2012, respecting the physician's commitment to practice medicine in the City. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement dated September 7, 2012, and made between The Corporation of the City of Niagara Falls as City and Dr. Ken Abrahim as Physician, respecting the Physician's commitment to practice medicine in 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. Passed this twenty -fifth day of September, 2012. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: September 25, 2012. September 25, 2012. September 25, 2012. THIS AGREEMENT entered into on the 7th day of September 2012. BETWEEN: 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 - KEN ABRAHIM (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 City 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 City; AND WHEREAS THE PARTIES WISH TO ENTER INTO A WRITTEN AGREEMENT SETTING OUT THE TERMS OF THEIR ARRANGEMENT, as follows: 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 October 31, 2012. 2. For the purposes of this Agreement, the incentives ( "Incentives ") shall be office and examination room(s) furnishings to be located at 8123 Lundy's Lane , Niagara Falls, Ontario, up to a value of Thirty Thousand Dollars ($30,000.00). -2- REPAYMENT OF INCENTIVES 3. The Incentives 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. In the event that 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 his 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. 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 he 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. (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 himself 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 party to another, shall be given in writing, by personal delivery or by registered mail, with all postage being prepaid, such notice being addressed -3- or delivered to the other party as follows: (1) to the City at: (2) to the Physician at: 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.Ken Abrahim 8123 Lundy's Lane Niagara Falls ON L2G 5Z4 or at such other address as may be given by either of them to the other 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 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. -4- 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. Ken Abrahim dated September 15, 2010, bearing College Register Number 92604. IN WITNESS WHEREOF the parties hereto have duly executed this Agreement this 7th day of September, 2012. SIGNED, SEALED AND DELIVERED ) in the presence of ) ) ) ) ) ) ) ) ) THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: James M. Diodati, Mayor Dean Iorfida,;' C. e/Clerk Witness Ken Abrahim, MD CERTIFICATE OF REGISTRATION This is to certify that Dr. Ken Shafquat Intikhab Abrahim COLLEGE OF AND SLII O S OF TIIO is a member of the College and is authorized to engage in the practice of medicine subject to the conditions prescribed for Independent Practice This certificate is subject to term, condition and limitation: Dr. KEN SHAFQUAT INTIKHAB ABRAHIM may practise only in the areas of medicine in which Dr. ABRAHIM is educated and experienced. In witness whereof, we have hereunto subscribed our names and affixed the seal of the College. College Register No: 92604 PRESIDENT Dated at Toronto, Ontario, Canada: September 15, 2010 ($90 Replacement charge for this four) REGISTRAR MEMBERSHIP VALID TO: May 31, 2013 CERTIFICATE CLASS: Independent Practice a38W(1N N011VLIlSI031J CO N W wtUeagv IS>i 'JG :L128W2W THE CORPORATION OF THE CITY OF NIAGARA FALLS BY -LAW Number 2012 - A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Heavy Vehicle Restriction) WHEREAS as a housekeeping matter, the heavy vehicle restriction temporarily posted on Garner Road between Mountain Road and Warner Road and on Warner Road between Taylor Road and Garner Road has been removed upon the completion of the Beechwood Bridge rehabilitation on Regional Road 70 (Taylor Road). 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 by removing from the specified columns of Schedule S thereto the following items: HEAVY VEHICLE RESTRICTION COLUMN 1 COLUMN 2 COLUMN 3 HIGHWAY BETWEEN TIMES /DAYS Garner Road Warner Road Mountain Road and Warner Road At All Times Garner Road and Taylor Road At All Times This By -law shall come into force immediately. -2- Passed this twenty -fifth day of September, 2012. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: September 25, 2012 Second Reading: September 25, 2012 Third Reading: September 25, 2012 CITY OF NIAGARA FALLS By -law No. 2012 - A by -law to authorize the execution of an Agreement with Mirha and Kareem Mostic respecting the Adopt -A -Park public service program for volunteers. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement dated September 25, 2012 and made between Mirha and Kareem Mostic as Volunteers and The Corporation of the City of Niagara Falls as City, respecting the Adopt -A- Park public service program for volunteers to be responsible for litter pick up, weed pulling, etc., for Coronation Park, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Agreement. Passed this twenty -fifth day of September, 2012. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: September 25, 2012 September 25, 2012 September 25, 2012 THIS AGREEMENT made this 25th day of September, A.D., 2012. BETWEEN: Mirha and Kareem Mostic Hereinafter called the "Volunteers" of the FIRST PART; - and - THE CORPORATION OF THE CITY OF NIAGARA FALLS. Hereinafter called the "City', of the SECOND PART; WHEREAS the City's Adopt -A- Program has been established as a public service program for Volunteers to be responsible for litter pick up, weed pulling, etc. along a selected area; AND WHEREAS the Volunteers have agreed to participate in the program subject to certain terms and conditions set out herein. NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises and the mutual covenants, the parties hereto agree with each other as follows: 1. The lands affected by this agreement are described in Schedule "A" attached hereto. 2. The Volunteers shall obey and abide by all laws and regulations relating to safety and such terms and conditions as may be stipulated by the City from time to time, and abide by the rules and conditions set out in Schedule "B" attached hereto. 3. The Volunteers 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 consequence of the City entering into this agreement. 4. The Volunteers release and forever discharge The Corporation of the City of Niagara Falls, its officers and employees from any and all actions, causes of actions, claims and demands, for damages, loss, injury, or obligations or liabilities of any kind which heretofore may have been or may hereafter be sustained to any persons or property arising out of or connected with actively participating in this Adopt -A- Program. 5. The City shall confirm the specific section of a City Street, Park, Walkway and /or Trail to be adopted by the Volunteers. 6. The City shall provide safety infoiuuation, trash bags, gloves and vests to the Volunteers upon receiving notice prior to the beginning of a clean up. 7. The City shall erect sign(s) with the Volunteers' name displayed at one end of the adopted Street, Park, Walkway and /or Trail, unless, in the opinion of the City erected signs would jeopardize the program, be counter - productive to its purpose, or create a hazard to the safety of the general public, or be in conflict with City policy. 8. The City shall remove and dispose of filled trash bags following the clean up at a desienated location. 9. The City shall remove litter such as large, heavy, or hazardous items that have been indicated by the Volunteers for pick up by the City. 10. The City shall monitor activities of the Adopt -A- Program to ensure that objectives of the program are being met. 11. The City shall have sole approval as to the name, titles or words to be placed on any Adopt -A- Program signs. 12. Either party may terminate this agreement at any time upon 30 days notice given in writing to that effect to the other party and the Volunteers shall forthwith surrender to the City any and all articles and signs provided by the City under this agreement. 13. Any notice to be given pursuant to this agreement may be delivered or sent by prepaid first class mail or facsimile transmission to the Volunteers and the City as follows: Volunteers: Mirha and Kareem Mostic 5655 Hanan Avenue Niagara Falls, ON L2G 4E7 Attention: Mirha Mostic Telephone: (905) 246 6624 Email: onadva;@yahoo.com The City: The Corporation of the City of Niagara Falls 4310 Queen Street P.O. Box 1023 NIAGARA FALLS, ON L2E 6X5 Attention: Acting Director of Recreation & Culture Telephone: (905) 356 -7521, Ext. 3330 Fax: (905) 356 -7404 14. Any such notice, if mailed, shall be conclusively deemed to be given to and received by the other party three (3) business days after the mailing thereof or if sent by facsimile transmission, on the date the facsimile transmission was sent. 15. Wherever the singular or masculine is used in this agreement, they shall be construed as if the plural or the feminine or the neuter has been used where the context or the party or parties hereto so require, and the rest of the sentence shall be construed as if the grammatical and terminological changes thereto rendered necessary had been made and all covenants herein contained shall be construed to be several as well as joint. IN WITNESS WHEREOF the Volunteer(s) have hereunto set their hands and seals and the City 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 the corporation. In the Presence of ) ) ) Name: Mirha Mostic ) ) ) Name: Kareem Mostic ) ) ) Name: ) ) Name: ) ) Name: ) ) ) Name: ) ) ) Name: ) ) )Name: ) ) ) Name: ) ) ) Name: ) ) ) Name: ) ) ) THE CORPORATION OF THE CITY ) OF NIAGARA FALLS ) ) ) Name: James M. Diodati ) Title: Mayor ) ) Name: Dean Iorfida ) Title: City Clerk SCHEDULE "A" to an Agreement dated the 25th day of September, A.D., 2012 between VOLUNTEERS and THE CORPORATION OF THE CITY OF NIAGARA FALLS The City of Niagara Falls recognizes the group, named above, as being responsible for the adoption of the following Park: Coronation Park SCHEDULE "B" to an Agreement dated the 25th day of September, A.D., 2012 between VOLUNTEERS and THE CORPORATION OF THE CITY OF NIAGARA FALLS The Volunteers shall make arrangements for travel to the work site. 2. The Volunteers shall ensure provision of all supervision, safety equipment and medical /first aid service to its fellow Volunteers. 3. The Volunteers shall pick up litter on their assigned Street, Park, Walkway and /or Trail a minimum of three times per year. 4. The Volunteers shall be encouraged to sort litter into four different categories: glass. plastic, metal, and "other" refuse to facilitate disposal procedures. 5. The Volunteers shall give the Acting Director of Recreation & Culture or his/her designate of the City 48 hours notice prior to beginning of a clean up. 6. Trail. The Volunteers shall collect Litter only on the adopted Street, Park, Walkway and /or 7. The Volunteers shalt not pick up titter along any vehicular travelled road surface, medians, bridges in tunnels, on overpasses, or around other structure or locations that could pose a danger. 8, clean up. 9. up. The Volunteers shall wear clothing that will not impair vision or movement during The Volunteers shall provide adult supervision for youth participating in the clean 10. The Volunteers shall ensure no Volunteer possesses or consumes illegal drugs or alcoholic beverages immediately before or during clean up activities. 11. The Volunteers shall suspend litter pick up when weather conditions become inclement (i.e. fog, rain, drizzle, high wind, electrical storms, etc.) 12. The Volunteers shall work only during daylight hours (1 hour after sunrise and 1 hour be fore sunset). 13. The Volunteers shall indicate closed containers, heavy objects, or suspended hazardous materials for pick up and disposal by City staff. 14. The Volunteers shall surrender items of value (wallet, purse, camera, etc.) found on City property to the nearest police station. 15. The Volunteers shall ensure that no signs, posters, or other display material(s) are brought to the adopted section during or between clean up. 16. The Volunteer shall place filled trash bags at the designated pick up sites as prearranged by the City's Acting Director of Recreation & Culture or his /her designate and the Authorized Group Representative. 17. The Volunteers shall notify the City immediately after each clean up in order for litter bags to be removed by City staff. 18. The Volunteers shall return all inventory to the City at the completion of an Adopt -A- Program clean up day unless it is renewed. S. Park in the City Adopt A - ProgramsAgreements2012'2012 Mirha MosticAdopt- A- Progam Ageement - Mirha Mostic_wpd CITY OF NIAGARA FALLS By -law No. 2012 - A by -law to authorize the execution of a Voluntary Payment Agreement with The Niagara Parks Commission. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Voluntary Payment Agreement made between The Niagara Parks Commission as NPC, and The Corporation of the City of Niagara Falls as City, respecting certain voluntary payments by the NPC to the City, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Voluntary Payment Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Voluntary Payment Agreement. Passed this twenty -fifth day of September, 2012. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: September 25, 2012. September 25, 2012. September 25, 2012. THIS AGREEMENT made as of the day of September, 2012. BETWEEN: THE NIAGARA PARKS COMMISSION Hereinafter referred to as the "NPC" OF THE FIRST PART; - and - THE CORPORATION OF THE CITY OF NIAGARA FALLS Hereinafter referred to as the "City" OF THE SECOND PART. WHEREAS the NPC, a Crown Agency controlled and operated by the Lieutenant Governor in Council, is the registered owner of the lands and premises, situate in the City of Niagara Falls, together with all buildings and structures now or hereinafter erected thereon, as described in the Niagara Parks Act, R.S.O. 1990, c.N.3. and the regulations promulgated thereto; AND WHEREAS the NPC, without making any binding commitment to do so, is prepared to make certain voluntary payments to the City as set out herein, which the City shall treat as being in full and final satisfaction of all fees and costs associated with the provision of the services that are provided to the NPC by the City, save for the continuation of the established practice of the NPC to pay to the City the then applicable fees for the services set out in Schedule "A" hereto (the "Pay for Use Services "); NOW THEREFORE THIS AGREEMENT WITNESSETH that for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, and in consideration of the premises and covenants in this Agreement, the NPC and the City mutually covenant and agree as follows: 1. The term of this Agreement shall commence on January 1, 2010 and shall continue until December 31, 2024 unless terminated earlier as provided herein (the "Term "). 2. The City acknowledges receipt from the NPC of the amount of $273,582.00 pursuant to and in accordance with the terms of this Agreement. 3. The City acknowledges that immediately following the execution of this Agreement, the NPC, in its sole and unfettered discretion, intends to make payment to the City in the amount of $500,000.00. 4. The City acknowledges that the NPC may make further voluntary annual payments on December 1 of each year commencing in 2013 and continuing thereafter for the balance of the Term, calculated as the sum of: DM TOR/208195.00012/5804469.4A -2 (a) The amount of $173,383.97; plus (b) The amount of $951,396.56, adjusted by the change in the annual average of the Consumer Price Index (Ontario, all items) of the then preceding calendar year versus the next preceding calendar year; 5. The voluntary payments made pursuant to this Agreement are separate and apart from payments made by the NPC pursuant to the provisions of Section 15(1) of the Niagara Parks Act. 6. This Agreement shall apply to all properties owned or leased by the NPC. Municipal taxes collected by the City from lessees of properties leased from the NPC in accordance with the provisions of the Assessment Act, 1990, c.A. 31 and the Municipal Act, 2011, S.O. 2011 c.25, are not affected by this Agreement. 7. This Agreement may be teinunated by either party at the end of a given year, upon 12 months written notice given prior to January 1 of the given year. 8. In the event of early termination, NPC may, in its sole and unfettered discretion, pay to the City the balance of the payments set out in subsection 4(a) hereof that it would otherwise have considered making to the end of 2024. 9. The City agrees that so long as the NPC makes payment to the City of the voluntary payments contemplated by Sections 3 and 4 of this Agreement, it shall make no claim or demand or commence any proceeding against the NPC during the Term for payment of taxes or payment for services (other than payment in respect of Pay for Use Services). Further, the City agrees that in the event that the NPC makes all of the voluntary payments contemplated by Sections 3 and 4 of this Agreement, the City shall provide to the NPC a Full and Final release in respect of any and all claims or demands for payment of taxes or payment for services (other than payment in respect of Pay for Use Services) in respect of any period of time during the Term. Further, each party agrees that it shall not during the Term commence any application or action for a declaration that the lands owned or leased by the NPC are subject to or exempt from taxation. 10. Each party hereto hereby covenants and agrees that at any time, and from time to time, upon the request of the other, to do, execute and acknowledge and deliver or cause to be done, executed, acknowledged and delivered all such further acts, documents and assurances as may be required for the better carrying out and performance of the terms of this Agreement. 11. This Agreement constitutes the entire agreement between the parties hereto and supersede all prior agreements, representations, warranties, statements, promises, information, arrangements and understandings, whether oral or written, express or implied, with respect to the subject matter hereof. Neither of the parties hereto shall be bound or charged with any oral or written agreements, representations, warranties, statements, promises, information, arrangements or understandings not specifically set forth in this Agreement. The parties hereto further acknowledge and agree that, in entering into this Agreement they have not in any way relied, and will not in any way DM TOR/208195.00012/5804469.4A -3 rely, upon any oral or written agreements, representations, warranties, statements, promises, information, arrangements or understandings, express or implied, not specifically set out in this Agreement. 12. Any notice required or peimitted to be given hereunder may be effectively given by letter addressed: (a) in the case of the NPC: The Niagara Parks Commission 7400 Portage Road P.O. Box 150 Niagara Falls, Ontario L2E 6T2 Attention: General Manager (b) in the case of the City: The Corporation of the City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Attention: City Clerk with a copy to: The Corporation of the City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Attention: City Solicitor and, in each case, mailed by ordinary mail, postage prepaid, or delivered to that address; and, if mailed as aforesaid, any such notice shall have deemed to have been given on the 5th business day following that on which the letter containing the notice was posted. Any party hereto may change its address for service from time to time by notice given in accordance with the foregoing. 13. Any party hereto which is entitled to the benefits of this Agreement may, and has the right to, waive any term or condition hereof at any time on or prior to the time when such term or condition is required to be fulfilled under this Agreement; provided, however, that such waiver shall be evidenced by written instrument duly executed on behalf of such party hereto. The waiver by a party hereto of any term or condition hereof shall not operate as a waiver of that party's rights under this Agreement in respect of any other term and condition (whether of the same or any other nature). DM_T0R/208195.00012/5804469.4A 4 14. No modification, supplement, termination, waiver or amendment to this Agreement may be made unless agreed to by the parties hereto in writing. 15. This Agreement shall be binding upon and enure to the benefit of the parties hereto and their respective successors and permitted assigns. Nothing herein, express or implied, is intended to confer upon any person, other than the parties hereto and their respective successors and permitted assigns, any rights, remedies, obligations or liabilities under or by reason of this Agreement. 16. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and shall be treated, in all respects, as an Ontario contract. 17. This Agreement maybe executed in several counterparts. A counterpart, once executed, shall be deemed to be an original and such counterparts together shall constitute one and the same instrument. Counterparts may be executed either in original or faxed form and the parties hereto may adopt any signatures received by a receiving fax machine as original signatures of the parties hereto; provided, however, that any party providing its signature in such manner shall promptly forward the other party an original of the signed copy of this Agreement which was so faxed. 18. Time shall be of the essence of this Agreement. 19. Any and all disputes arising in connection with this Agreement, its negotiation, performance, breach, existence or validity, shall be referred to and finally settled by arbitration proceedings before one arbitrator, to be held in Niagara Falls, Ontario in accordance with the terms and provisions of the Arbitrations Act (Ontario), except that the parties specifically agree that leave to appeal may be sought on both questions of law, and questions of mixed fact and law. The parties shall mutually agree on the arbitrator to be appointed, failing which either party may apply to the Ontario Superior Court of Justice to have an arbitrator appointed. [Signature page to follow] DM_TOR/208195.00012/5804469.4A -5 IN WITNESS WHEREOF the parties hereto have duly executed this Agreement as of the date first above written. THE NIAGARA PARKS COMMISSION Per: John Leis, General Manager Janic Thomson, Chair We have authority to bind The Niagara Parks Commission THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: DM TOR/208195 00012/5804469.4A James M. Diodati, Mayor Dean Iorfida, City Clerk SCHEDULE "A" LIST OF PAY FOR USE SERVICES NOT INCLUDED IN VOLUNTEER PAYMENTS Building permit fees DM_TOR/208195.00012/5804469.4A CITY OF NIAGARA FALLS By -law No. 2012 - A by -law to amend By -law No. 2002 -081, being a by -law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by -laws. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. By -law No. 2002 -081 is amended by adding Schedule "H" attached hereto.. Passed this twenty -fifth day of September, 2012. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: September 25, 2012. September 25, 2012. September 25, 2012. SCHEDULE "H" 1. "Livestock Valuers ", under the Ontario Wildlife Damage Compensation Program, as well as the Protection of Livestock and Poultry from Dogs Act. Jeff Bouw Neil Duerksen Deborah Wright CITY OF NIAGARA FALLS By -law No. 2012 - A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 25th day of September, 2012. 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 25th day of September, 2012 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 ofNiagara Falls and to affix thereto the corporate seal of the Corporation of the City of Niagara Falls. Passed this twenty -fifth day of September, 2012. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: September 25, 2012 September 25, 2012 September 25, 2012