Loading...
Additions to Council, February 26, 2013ADDITIONS TO COUNCIL, TUESDAY, FEBRUARY 26, 2013 BUDGET 1. Copy of the 2013 Capital Budget presentation. NOTE: F- 2013 -17, 2013 Municipal Utility Budget is not going ahead at this time. COUNCIL 1. PBD- 2013 -18 - AM- 2012 -002, 6015 Barker Street a) Correspondence on behalf of the Main & Ferry BIA b) Regional Correspondence c) Correspondence from Bill Colclough on behalf of Friends of the Lundy's Lane Battlefield d) Other previous minutes and report on acquisition 2. TS- 2013 -01 - Playground Signs a) Email from Councillor Wing By -laws 1. 2013 -34 A by -law to authorize certain capital works of the Corporation of the City of Niagara Falls (the "Municipality "); to authorize the submission of an application to the Ontario Infrastructure and Lands Corporation ( "OILC ") for financing such works and certain other ongoing works; to authorize temporary borrowing from oilc to meet expenditures made in connection with such works; and to authorize long term borrowing for such works through the issue of debentures by the Regional Municipality of Niagara (The "Upper -tier Municipality ") to OILC ADDITIONS TO COUNCIL, TUESDAY, FEBRUARY 26, 2013 BUDGET 1. Copy of the 2013 Capital Budget presentation. 2. Copy of 2013 Parking Services Budget presentation. NOTE: F-2013-17, 2013 Municipal Utility Budget is not going ahead at this time. COUNCIL 1. PBD-2013-18 - AM-2012-002, 6015 Barker Street a) Correspondence on behalf of the Main & Ferry BIA b) Regional Correspondence c) Correspondence from Bill Colclough on behalf of Friends of the Lundy's Lane Battlefield d) Other previous minutes and report on acquisition e) Email from staff on declaration of surplus and sale of lands procedures f) Correspondence from Sullivan Mahoney e) Proposed design of Kiwanis property 2. TS-2013-01 - Playground Signs a) Email from Councillor Wing and reply from Director of Transportation Services. By-laws 1. 2013-34 A by-law to authorize certain capital works of the Corporation of the City of Niagara Falls (the"Municipality");to authorize the submission of an application to the Ontario Infrastructure and Lands Corporation ("OILC")for financing such works and certain other ongoing works; to authorize temporary borrowing from oilc to meet expenditures made in connection with such works; and to authorize long term borrowing for such works through the issue of debentures by the Regional Municipality of Niagara(The"Upper-tier Municipality")to OILC 2. Revised By-law 2013-24, 2013-25, 2013-26 3. Additional By-law 2013-45 A by-law to amend By-law No. 2002-081, being a by-law to appoint City 2/25/2013 TiagaraJalls City Niagara of Falls 2013 Capital Budget February 26, 2013 3�t r Update • Opportunity to provide Council with an updated project list • Outline of projects previously approved and ongoing (January 22nd report F-2013-02) • Capital Budget binders were provided last meeting • Budget has been developed prioritizing projects departmentally & corporately • Based on affordability 1 2/25/2013 Funding Sources • Capital Budget is funded from Variety of Sources • Transfers from Operating Budget • Transfers from Utility Budget • Development Charges • Special Purpose Reserves • Gas Tax • Provincial and Federal Grants • External Contributions Y - � n. .r. --- Proposed Capital Expenditures Fire $ 1,009,500 Municipal Works $ 25,104,828 Transportation $ 248,000 Recreation & Culture $ 227,929 Building $ 1,620,500 Library $ 157,000 Information Systems $ 251,499 Small Business Office $ 50,000 Cemeteries & Parks $ 1,168.000 Total $29,286,126 2 2/25/2013 -I--- _. • Included in sleeve of Budget Binder • Worksheet that summarizes projects & funding sources • Continued from 2012 • Preapproved in 2013 • Projects fully funded own sources • Listing of Priority 1 projects • Opportunity to highlight key projects .__]= Municipa [fie • I e • • • No debt issued in 2012; approved $5,942,876 • Will be going to market for completed projects in 2013 • Will include additional $1,267,981 for Museum • Three projects included in 2013 Budget require debt financing: Ailanthus Ave. $790,475 Kalar Road (updated) $849,271 City Hall HVAC $863,062 3 2/25/2013 --- , - -,,,,,,,,,Aztiwttn, ,:,.:: 131-::: _,i•gi6:::,:;m1;_,:,:-,:-- . , - Debt Projection by Year 90 80 70 0 60 C .- SO = 5 4' 30 zo zo O ei N ell V Lll t.0 r% c0 01 co ri N et1 e-i ei r-i el 1-4 e-1 1-1 el I-I rl N N N N O 0000000000000 N NNNNNNNNNNNNN 11111111111141111"11°W Ne x t Stëp - - • Staff looking for Council approval • Questions 4 2/26/2013 City of Niagara Falls 2013 PARKING SERVICES BUDGET t7 Transportation Services Departmental Presentation 0 C7 2 0 z :i. R K Transportation Services 2013 Parking Services Budget • Budget Highlights: Capture all Operating and Capital Costs m Transfer Property Tax (new) ZTransfer Street Maintenance (new) Transfer Admin Overhead (new) Technological/Security Equipment Requirements a. 0 Meet Capital Needs o Maintain Healthy Reserve Fund z 1 2/26/2013 Transportation Services ci 20 13 Parking Services Budget �`- • Operating Costs (Expenditures): w Snow Removal $ 64,825 (.7 o Contract Sery/Materials $ 20,318 0 co Parking Control $ 591 ,350 Maintenance Services $ 550,092 NEW Property Tax (PIL) $ 49, 185 o NEW Transfer to Streets $ 66,972 NEW Admin Overhead $ 168,000 TOTAL $ 1 ,51 1 ,324 rte. Transportation Services 20 13 Parking Services Budget ,i • Gross Revenues: o On Street $ 669,722 Transient Off-Street $ 257,726 Monthly Permits $ 181,000 w Fines $ 545,040 TOTAL $ 1 ,653,488 f ! a,ev :17; 4 2 2/26/2013 Transportation Services 20 13 Parking Services Budget • Reserve Fund: I- o Projected 2013 $ 142, 164 m as of Dec. 3 I, 20 12 $ 620, 154 Projected TOTAL $ 762,318 LU 2013 Capital Program $ 343,000 N Dec. 3 I, 2013 (projected) $ 4 19,3 18 Transportation Services 20 13 Parking Services Budget I- • Next Steps: Implement New Rate Adjustments 0 Municipal Parking Lot Rationalization Event-based parking rate - tourist core Service Delivery Review - Parking Control cc Cash-in-Lieu Policy/Program O 0 N f�a y,.%�tais 6 3 /fr`. -y-- Niag ara ails F % '1) 1 COUNCIL MEETING February 26, 2013 PRAYER: Councillor Thomson ADOPTION OF MINUTES: Council Minutes of February 12, 2013 DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. * * * * * BUDGET MATTERS 5:00 - 7:00 P.M.* The Director of Finance will provide an update on the Capital Budget 1. TS-2013-14 - 2013 Parking Services Budget NOTE: If the above-noted budget agenda is not completed by 7:00 p.m.,the remaining reports will be dealt with subsequent to the Planning matters. * * * * * PRESENTATIONS/ DEPUTATIONS 7:00 p.m. Emergency 2-1-1 Rosanna Thorns, Project Lead, Executive Director, 211 Central South, Information Niagara will make a presentation regarding the 2-1-1 service. -AND- F-2013-01, Emergency Information Call Centre AMAIN Si FERRY BUSINESS IMPROVEMENTASSOCIATION February 24, 2012 Mr.Alex Herlovitch, Director of Planning& Development City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Re: 6015 Barker Street Zoning By-law Amendment Application City File:AM-2012-02 Dear Mr. Herlovitch, The Main & Ferry BIA approved the following resolution at its 2012 Annual General Meeting: THAT the Main &Ferry BIA strongly encourages the City to preserve the Battlefield School property in its entirety as memorial grounds and would like an opportunity to formally request the federal government to assist with this. THIS is a part of our CIP Area and was highlighted in our Community Improvement Plan which we have used as our authoritative guide in redeveloping the Historic Drummondville area over the past several years. The results of a recent poll vote amongst the BIA Board reaffirmed our position that the recommendations and directives of the Historic Drummondville CIP as cited in the attached pages be followed. We thank City Council for its ongoing partnership with our BIA in revitalizing our area. Yours truly, Marty Petrullo Vice-Chairman WHAT THE HISTORIC DRUMMONDVILLE COMMUNITY IMPROVEMENT PLAN SAYS: http://www.niagarafalls.ca/pdf/business/cip/main-and-ferry/drummondville- cip.pdf - On why the Community Improvement Plan (CIP) is pertinent to this matter: As per Sections 28(3) and 28(6) of the Planning Act, once a Community Improvement Project Area has been designated and a C1P is approved, a municipality may: c) Sell, lease, or otherwise dispose of any land and buildings acquired or held by it in conformity with the community improvement plan. - On why the Battlefield School property was included within the CIP boundaries: The Battlefield Public School and adjacent residential properties on Barker Street have been included in recognition of the potential long term role that these properties could play in connecting the Battlefield Precinct to Main Street and the Cultural Market Precinct. - Specific recommendations pertaining to the implementation of the Regional Policy Plan Objectives: Regional strategy, with a focus on ... Respecting historical buildings and areas. - On the City's Official Plan: The Official Plan states that the designation of Special Policy Area "10" is representative of the Drummond Hill area of Lundy's Lane. This area contains historic significance as the location of the Battle of Lundy's Lane in the War of 1812. It is intended that the lands in this area will be protected and preserved to commemorate the Battle of Lundy's Lane (S. 14.10). - On what needs to be done: 6.1.3 BATTLEFIELD PRECINCT The Vision for Historic Drummondville identifies the Battlefield Precinct as being a high profile, interpretive tourist attraction that is connected to and reinforces the revitalization of Main Street. It is intended that the site of the Battle of Lundy's Lane be celebrated in a manner that recognizes the national and international significance of this site, while tying it to the historic core of Drummondville. This will allow for the development of tourist activities based on the heritage aspects of the community that will also support the retail renaissance of the area. The long- term preservation of the Drummond Hill Cemetery, the Battle Ground Hotel Museum, and the adjacent school yard is critical in building a cohesive precinct, while providing pedestrian connections between the historic Lundy's Lane Battlefield site and Main Street. In order to properly protect and conserve the key heritage features, and to provide for the development of linkages and interpretive facilities, key sites need to be redesignated and rezoned to ensure their long-term availability for reuse. ... ensure the long-term protection of these lands from inappropriate development and will provide for the future development of the precinct as a historic cultural destination. 7.2.5 PUBLIC SPACE, NODES AND LINKAGES Historic Drummondville should be strengthened by improving the quality and accessibility of its parks and open space network. These open spaces link the neighbourhood together while enhancing the public realm and providing for pedestrian and bicycle access from other neighbourhoods and areas. Blue arrow points in the diagram below to the proposed linkage, on the east side of the Battlefield School property and the sidewalk in front of the residential properties, to the Farmers' Market and BME Church on Peer Street. bp.6—Open 5pxr Nanwtk t. 4 MwaMuWrMs This linkage at the eastern side of the school building is now proposed to become a driveway to the rear parking area to be created for the development. A public walkway is proposed for the western side of the school property in a space that is narrow and uninviting and located mere just feet from the proposed residential units. C. URBAN DESIGN GUIDELINES 2. Fund a study to create pedestrian linkages between the Vintners' Marketplace and the Battlefield Precinct, and cycling connections from Historic Drummondville to the rest of the City. - On Targeted Improvements specific to 6015 Barker Street (Battlefield School property): TARGETED IMPROVEMENTS B. LAND USE 5. Redesignate lands associated with the Battle Ground Hotel Museum, Coronation Park, Drummond Hill Cemetery, Drummond Hill Trail, Municipal Parking Lot 14, and Battlefield Public School to "Open Spaces. (OP Amendment) 6. Rezone lands associated with the Battle Ground Hotel Museum, Coronation Park, Municipal Parking Lot 14, and Battlefield Public School to "Open Space Zone (OS)n. (ZBL Amendment) NOTE: The lands associated with the Battle Ground Hotel Museum and Drummond Hill Cemetery also have buildings and other structures on them. Nonetheless, the Battle Ground Hotel Museum and Drummond Hill Cemetery are, like Battlefield Public School, recommended for redesignation to "Open Space" in the Official Plan and rezoning to "Open Space Zone." The Targeted Improvements pertaining to Land Use intend the lands specifically named to be redesignated and rezoned irrespective of whether there are currently buildings and other structures on those lands. Teresa Fabbro From: Dean Iorfida Sent: Monday, February 25, 2013 9:35 AM To: Teresa Fabbro Subject: FW:Additional Comments re: Zoning Amendment for 6015 Barker Street, City of Niagara Falls Attachments: regional comments feb 2013.tiff; 6015 Barker Street comments2.pdf; 6015 Barker Street comments.pdf Importance: High From: David Deluce Sent: Monday, February 25, 2013 9:02 AM To: Dean Iorfida; Ken Mech; Alex Herlovitch Cc: John Barnsley; Peggy Boyle Subject: FW: Additional Comments re: Zoning Amendment for 6015 Barker Street, City of Niagara Falls Importance: High Good Morning, For your information. Regards, David Deluce, MCIP, RPP Planner II Planning, Building & Development Department City of Niagara Falls Niagara Falls, ON L2E 6X5 905-356-7521 ext. 4296 905--356-2354 (Fax) ddeluce@niagarafalls.ca From: Gray, Teresa [mailto:Teresa.Gray @niagararegion.ca] Sent: Monday, February 25, 2013 8:35 AM To: David Deluce Subject: FW: Additional Comments re: Zoning Amendment for 6015 Barker Street, City of Niagara Falls Importance: High FYI Teresa Gray, MCIP, RPP Planner. Development Services Division Niagara Region Public Works 2201 St. Davids Road ThoroId, ON L2V 4T7 Phone: 905-685-4225 Ext: 3430 FAX: 905-687-8056 Email:teresa.grayPniagararegion.ca Website:www.niagararegion.ca 1 From: Janice Wing [mailto:janice_wing @cogeco.ca] Sent: February 24, 2013 12:15 PM To: Gray,Teresa Cc: Radman, Marilyn Subject: Fwd: Additional Comments re: Zoning Amendment for 6015 Barker Street, City of Niagara Falls Importance: High Hi Teresa, I am attaching here the Regional comments re: AM-2012-02 as per the February 26, 2013 Niagara Falls Council agenda: These are identical to your original comments as included in the April 24, 2012 agenda. I have a few questions: 1) Does this mean you have rescinded your April 23, 2012 letter(below)? If so, may I please get this in writing? 2) Did you submit fresh comments based on the additional materials sent for your consideration? If so,may I please get those in writing? Thank you for your attention to these urgent questions. janice Begin forwarded message: From: "Gray, Teresa" <Teresa.GrayC�niagararegion.ca> Date: April 23, 2012 2:53:31 PM EDT To: "'DDeluce@niagarafalls.ca"' <DDeluce(c�niagarafalls.ca> Cc: 'Janice Wing' <janice wing @cogeco.ca>, "Radman, Marilyn" <marilyn.radman(c�niagararegion.ca> Subject: Additional Comments re: Zoning Amendment for 6015 Barker Street, City of Niagara Falls Hi David: Further to our previous comments dated April 10, 2012, please see the attached additional comments for the application. If you have any questions or need additional information please contact me.Thank you. Teresa Gray, MCIP, RPP Planner, Development Services Division Niagara Region Public Works 2201 St. Davids Road Thorold, ON L2V 4T7 Phone:905-685-4225 Ext: 3430 FAX: 905-687-8056 Email:teresa.gray( niagararegion.ca Website:www.niagararegion.ca 2 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. 3 it • xp �, , �, (p ago 8 z'' gag. lugit = ar- a 8 - f?-1 .3- g (2. 3 5. v ' az'. . at 4'11 a -. P4` Sipq M rit ; g i- 0)5 EZOI g-...2-0. 55.5. Eicl: : ..ictt 7_4 `,!: i , C6 6) § ail apA. -,-6 .6* gr." a9" &I CD Z ' a al o * Q. 51. m 0 igc IDX/ 2 , - ,; 5- g a -% 8 co co o) DI ,3 a 9._ m E. 2 , g 5 @ m< CD 2 5 0- c a 5 ° 6�" � ` � � z fit a;� its 4D 3 < '�' ' 8 8 CD 0. al ..< a g a < — 3. 91 Li- ,.. mCDO3g. RIC00.., a. c < c Z CD . 0 A . - -3 < m 0 a a 5Szg Q1 t) a c cr CD a - ft° CP = L = CD 2 6 C Q tRIEL) 48z .g cD as . et CD r t ► 4 rajC441 =,, i 0 g a Pr., 5 al 1 nT ° I) g- st Niagara"YR Region DEPARTMENT PUBLIC WORKS DEPART Development Services Division 2201 St. David's Road, P.O. Box 1042 Thorold, ON L2V 4T7 Tel: 905-685-1571 Toll-free:1-800-263-7215 Fax: 905-687-8056 www.niagararegi on.ca April 23, 2012 File: D.18.04.ZA-12-030 Mr. David Deluce, Planner 2 City of Niagara Falls 4310 Queen St., 2nd Floor Niagara Falls, ON L2E 6X5 Dear Mr. Deluce: Re: Additional Comments AM-2012-002, Zoning By-law Amendment Application Conversion of Former School Building into Apartment Building 6015 Barker Street, Niagara Falls Applicant: City of Niagara Falls Regional staff previously commented on the above noted application in a letter dated April 10, 2012 (attached), which remain applicable to this application. In addition, to our previous comments the following information is being provided to clarify our previous comments in which we requested that a holding zone be placed on the portions of the subject property that had not been previously disturbed until an archaeological assessment is completed to the satisfaction of the Ministry of Culture and the Niagara Region. Based on additional information that has recently been brought forward relating to the use of the land during the Battle of Lundy's Lane, it is recommended that the City also require that a cultural heritage assessment be completed in addition to the archaeological assessment. In conclusion, the recommended archaeological and cultural heritage assessments will address the conservation of any significant heritage resources and any cultural heritage value of the site. If you have any questions or wish to discuss these comments, please contact Teresa Gray, Planner, or Marilyn Redman, Manager of Development Services Division. Please send notice of the City's decision with regard to this application. Yo . truly, n .reresa G ay, Cl , PP Planner cc: Janice Wing, 5993 Barker Street, Niagara Falls, ON L2G 1Y4 (by email) L:\Gray-Teresa\NIAGARA FALLS\ZONING AMENDMENTS16015 Barker Street\Comments2.doc Building Community.Building Lives. N iagara Region ion b PUBLIC WORKS DEPARTMENT Development Services Division 2201 St. David's Road, P.O. Box 1042 Thorold, ON L2V 4T7 Tel: 905-685-4225 Toll-free:1-800-2 63-7215 Fax:905-687-8056 www.niagararegion.ca April 10, 2012 File: D.18.04.ZA-12-030 Mr. David Deluce Planner 2 City of Niagara Falls 4310 Queen St., 2nd Floor Niagara Falls, ON L2E 6X5 Dear Mr. Deluce: Re: AM-2012-002, Zoning By-law Amendment Application Conversion of Former School Building into Apartment Building 6015 Barker Street, Niagara Falls Applicant: City of Niagara Falls Regional Development Services staff has reviewed the information circulated for the above noted Zoning By-law Amendment application. The proposed zoning amendment application is to rezone a part of the subject property from Residential Single Family and Two Family Zone (R2) to a Residential Apartment 5A Density Zone (R5A) to permit a 30 unit apartment building with site-specific provisions to recognize the location of the existing building. In addition, a portion of the property that is intended to be merged with the commercial property to the east is to be rezoned to General Commercial (GC) and the remaining lands intended for parkland use are to be rezoned Open Space (OS). Regional staff offers the following Provincial and Regional comments to assist the City in considering the application. Provincial and Regional Policies The subject property is within the Urban Area Boundary for the City of Niagara Falls according to the Regional Policy Plan. In addition, the lands are located within the Built Boundary according to Regional Policy Plan Amendment 2-2009 (Sustainable Community Policies) which is currently subject to appeals to the Ontario Municipal Board. The Urban Area policies provide for a range of industrial, commercial, and residential uses. The Regional Policy Plan, Provincial Policy Statement, and Greater Golden Horseshoe Growth Plan all contain polices that support intensification, including the conversion of existing building stock, in the urban area where appropriate levels of services and infrastructure exist. In addition, municipalities are encouraged to develop a diverse mix and range of housing types and densities, including affordable housing, and easy access to local services. The subject property was formerly the site of an elementary school, known as Battlefield Public School, which was closed in June 2011. The redevelopment of the site will add additional apartment units and should further enhance housing choice for residents with a variety of lifestyles and/or income groups. The property is located within an area where a number of local Building Community.Building Lives. - 2- services including public transportation are available. Future residents will benefit from good access to nearby amenities and transit services. The proposal represents an opportunity for intensification that makes efficient use of land and infrastructure, and improves housing and transportation choice, as supported by Provincial and Regional policies. In addition, the development will assist the City in achieving its intensification targets for new development within the Built-up Area as indicated in the Growth Plan and Regional policies. Cultural Heritage and Archaeological Resources The Provincial Policy Statement, 2005 and the Regional Policy Plan provide direction for the protection of significant heritage resources. Provincial policy 2.6.1 states that significant built heritage resources and significant cultural heritage landscapes shall be conserved. Conservation involves the identification, protection, use and/or management of cultural heritage in such a way that their heritage values, attributes and integrity are retained. The subject property exhibits a high potential for the discovery of archaeological resources due to its proximity to Drummond Hill Cemetery which is associated with the Battle of Lundy's Lane during the War of 1812. In addition, there are two registered archeological sites nearby. Therefore, Regional staff recommends that an archaeological assessment be conducted by a licensed archaeologist and submitted for approval to the Ministry of Culture prior to any demolition, grading or other soil disturbances for any portion of the property proposed for the 30 unit apartment use that has not previously been disturbed. It is further recommended that an archaeological assessment be completed for the rear portion of the lands intended to be merged with the abutting commercial property to the east for parking purposes, etc. This will ensure the conservation of any cultural heritage features and any significant archeological resources on the site consistent with Provincial and Regional policy direction. It is noted that an archaeological assessment will not be required for the rear portion of the property proposed for park use by the City as the lands are not intended for development purposes. Technical Engineering Comments In order for the Region to provide curbside collection of waste the development must comply with the Region's "Collection of Waste By Way of Entry on Private Property" Policy (C.3.C17) and the developer/subsequent owners enter into an Indemnity Agreement with the Region. A key element of the waste collection policy is that the site roadway system be adequate for waste collection vehicles to enter and exit the site without the need to engage in any back-up manoeuvring. For those sites that cannot provide a drive through system alternative design options include cul-de-sacs or dedicated T turn around areas. Developments unable to provide the necessary turnaround area will be provided with waste collection from a main street access point only. Should no alternative layout be possible. waste collection must be provided by a private contractor. A warning clause will be required in any agreement between the applicant and the City and in all Agreements of Purchase and Sale or Lease for each dwelling unit advising prospective purchasers that waste collection will not be provided by the Region and will be private. Conclusion The proposal represents an opportunity for the reuse of existing building stock and makes efficient use of land and infrastructure as supported by Provincial and Regional policies. The proposed rezoning application will provide for additional housing choice in the neighbourhood. Regional Development Services staff has no objection to the approval of this application from a Provincial and Regional planning perspective subject to: - 3- • A Holding Zone provision being placed on the portion of the subject lands to be merged with the abutting property to the east and on any portion of the apartment lands not previously disturbed until the an archaeological assessment is completed to the satisfaction of the Ministry of Culture and the Niagara Region. The Holding Zone provision can be lifted once the archaeological assessment has been completed and approved by the Ministry of Culture and any required mitigation measures satisfactorily addressed. • The satisfaction of any local requirements. If you have any questions or wish to discuss these comments, please contact Teresa Gray, Planner, or Marilyn Redman, Manager of Development Services Division. Please send notice of the City's decision with regard to this application. Yoy{s truly, Teresa Gray, CI P, RPP Planner L:\Gray-Teresa\NIAGARA FALLS\ZONING AMENDMENTS\6015 Barker Street\Comments.docx it ,,,,,,,,,,i4 ' rOhiltAVY • .__ .; Friends of the Lundy's Lane Battlefield 5993 Barker Street Niagara Falls, ON L2G 1Y5 www.thebattleoflundyslane.ca Ontario Corporation Number 1265886 Public Foundation Registration Number 869831396RR0001 February 25, 2013 Director of Planning & Development City Hall 4310 Queen Street Niagara Falls, Ontario L2E 6X5 AND Lynne Banks Law Clerk, Property City Hall 4310 Queen Street Niagara Falls, Ontario L2E 6X5 AND Dean lorfida City Clerk City Hall 4310 Queen Street Niagara Falls, Ontario L2E 6X5 RE: PBD-2013-18, AM-2012-002, L-2013-04 AND By-laws 2013-21, 2013-22, 2013-24, 2013-26, 2013-41 and 2013-42 Please be advised that the Friends of the Lundy's Lane Battlefield is an organization granted charitable status by the federal government for the express purpose: To promote the preservation of the Lundy's Lane Battlefield lands for future generations, and increase public awareness of their historical significance. The Friends of the Lundy's Lane Battlefield wish to go on record as being OPPOSED to the above-noted Zoning by-law amendment application, Declare Surplus and Offer for Sale of Certain Lands in the City of Niagara Falls, and draft by-laws 2013-21, 2013-22, 2013-24, 2013-26, 2013-41 and 2013-42. According to Parks Canada, which recognizes the property which is the subject of the above-noted reports and draft by-laws as part of the Battle of Lundy's Lane National Historic Site of Canada: A national historic site possesses commemorative integrity when it is healthy and whole, and when the site's heritage values are protected, communicated and respected. The proposed rezoning and by-laws demonstrate a high level of threat to the integrity of the national historic site. A mitigation strategy that would adhere to the Standards and Guidelines for the Conservation of Historic Places in Canada (second edition) and Parks Canada's Cultural Resource Management Policy has been proposed as an alternative. Yours truly, Bill Colclough President -6- January 24, 2012 Council Minutes 2. That where qualifications and abilities of the fire fighter volunteers and residents of Niagara Falls are relatively equal in comparison to the external candidates (in the assessment of the hiring panel), following interviews and the completion of a successful medical examination,offers of employment and hiring preference will be given to local residents and/or volunteer fire fighters. ORDERED on the motion of Councillor Wing,seconded by Councillor Thomson that the report be approved as recommended. Carried Unanimously 2. R&C-2012-01 -City Float Proposal The report recommends that City Council decline the attached City Float proposal and that in future years when staff issues a RFP to redevelop the City Float that Costello Productions be contacted to submit a proposal for redevelopment of the City Float. ORDERED on the motion of Councillor Thomson,seconded by Councillor Wing that the report be approved as recommended. Carried Unanimously BUDGET ORDERED on the motion of Councillor Thomson,seconded by Councillor Wing that the budget presentation be deferred. Carried Unanimously a, x+er RATIFICATION OF "IN CAMERA"RECOMMENDATIONS ORDERED on the motion of Councillor Thomson, seconded by Councillor Gates that the actions taken in the in Camera"earlier this evening be approved. 1. BDD-2012-02 Purchase of Zavitz Property That Council authorize the Mayor and Clerk to sign the purchase agreement for the Zavitz property located at the corner of Swayze Drive and Stanley Avenue 2. PD-2012-10 Acquisition of the Battlefield School Property That Council authorize staff to provide an offer to the District School Board of Niagara of up to $900,000 for the acquisition of the battlefield School property, conditional upon rezoning. Motion Carried with Councillor Gates opposed to# 1. ..*** PD-2012-10 NiagarapgIls January 24, 2012 REPORT TO: Mayor James M. Diodati "IN CAMERA" and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development SUBJECT: PD-2012-10 Acquisition of the Battlefield School 6045 Barker Street RECOMMENDATION That Council authorize staff to carry out the following: 1 . Provide an offer to the District School Board of Niagara of up to $900,000 for the acquisition of the Battlefield School property, conditional upon rezoning: 2. Negotiate an agreement with the Stamford Kiwanis Club for its purchase of the property containing the former school: and 3. Negotiate an agreement with Morse and Son Funeral Home involving the purchase of a portion of the easterly property for expanded parking purposes. EXECUTIVE SUMMARY On December 22, 2011, City staff have met with representatives of the District School Board of Niagara who have extended their time frame to receive an offer from the City of Niagara Falls for the acquisition of the Battlefield School property. Staff have also met with the Stamford Kiwanis Club and they have indicated by way of the attached letter that they agree to acquire the part of the property containing the former school if the City is successful in its bid. They wish to renovate the former school and provide approximately 30 residential apartments for seniors and will seek rezoning for this purpose. An application for rezoning will be processed without prejudice. BACKGROUND When staff met with the District School Board of Niagara, it was expressed that the City was only interested in the playground area and not the school itself. The School Board advised that they would only sell the property as a whole property. Based on their position, City staff requested additional time to search for a possible partner who may be interested in the school building. The School Board's solicitor stated at the meeting that it is their expectation to receive $900,000 for the property. As a comparison, Council should note that the Diamond Jubilee School sold for$900,000 in 2011 and has a similar acreage to the Battlefield School. January 24, 2012 - 2 - PD-2012-10 The Stamford Kiwanis Club has indicated to the City their interest to acquire the school and convert the building into apartments for seniors. They have indicated an interest in paying up to 50% of the value of the property or $450,000, maximum. City staff met with the owner of Morse and Son Funeral Home, on the adjacent property, and he indicated an interest in expanding his rear parking lot. The CAO will continue discussions with him about the potential sale of lands to round out the funeral home parking lot and improve efficiencies in return for full financial recovery and right of pedestrian access across the funeral home property to Main Street. ANALYSIS/RATIONALE The intent is to preserve as much of the open battlefield area as possible due to its national significance. The City is not interested in owning the former school building and could use the subsequent sale of the school and surrounding grounds for cost recovery. The use of the existing school building for seniors housing would be a positive reuse of the current building. The Stamford Kiwanis Club has provided other successful not-for- profit housing projects in the City with the apartments on Buckley and Ailanthus Avenue. The Battlefield School lands are zoned R2-Residential Single Family. The Stamford Kiwanis Club's proposed use of the school for senior apartments will require a rezoning to multiple residential use. Based on this. it is recommended that the City's offer for the school property be conditional upon the Kiwanis Club obtaining a successful rezoning of the property. Such an application will be processed without prejudice. City's architectural design staff has prepared a concept plan (attached) which illustrates the conceptual division of the Battlefield lands and proposed parking. A portion of the designed parking area would form part of the additional parking for Morse and Son Funeral Home and a portion of the parking for Battlefield visitors. The City would also seek a right of pedestrian access over Morse and Sons property to allow a connection between Main Street and the Battleground lands. There could be shared use agreements also prepared. The retained Battlefield lands would eventually be developed with interpretive signage and statues to commemorate the Battle of Lundy's Lane. FINANCIAL IMPLICATIONS While the expectation of the District School Board of Niagara is to receive $900,000 for the school property, it is recommended the City's initial offer be $800,000 for the property subject to rezoning. Stamford Kiwanis Club has agreed to provide up to 50% of the cost of the property to $450,000 maximum. The City could continue to work with Morse and Sons Funeral Home to sell a portion of the school grounds for the expansion of their current parking area in order to recover some more of the land costs. If the City cannot acquire the property at $900,000 or less, the City will not pursue the offer. CITY'S STRATEGIC COMMITMENT It is desirable to acquire and protect the historic battlefield lands and enhance the area as a tourist attraction. Due to the position of the School Board to sell the school property as one parcel, the City is in need of a committed partner who will purchase the former school. The Stamford Kiwanis Club is willing to acquire the school building and surrounding lands over which the City has no interest. The opportunity also exists to address the adjacent funeral home's parking problem. Most importantly, the City's retention of the valued Battlefield lands. will protect the original site upon which the Battle of Lundy's Lane was fought in 1814. It is one of the Council's priorities to promote new Heritage Tourism and the 1812 Bicentennial Celebrations. The acquisition and development of the subject lands would satisfy this priority. January 24, 2012 - 3 - PD-2012-10 LIST OF ATTACHMENTS ► Appendix 1 - Letter from Stamford Kiwanis Club ► Appendix 2 - Preliminary Concept Plan Recommended by: Y Alex Herlovitch, Direc r of Planning Building & Development Respectfully submitted: Kin Todd, Chief Administrative Officer B. Bolibruck:gd Attach. S:1PDR120121PD-2012-10 Acquisition of Battlefield School.wpd Dean Iorfida From: Ken Beaman Sent: Tuesday, February 26, 2013 12:05 PM To: Janice Wing Cogeco Account; Dean Iorfida Cc: John and Hilary Ainslie; Bill Colclough; Suzanne Martin; DE Graves; Larry.Ostola @pc.gc.ca; rob.nicholson.al @ parl.gc.ca; Kim@ KimCraitor.com; Ken Todd; Alex Herlovitch Subject: RE: Declare Surplus and Offer For Sale of Certain Lands in the City of Niagara Falls All: 1) The Planning Act has no application to the procedure for transfer of land. 2) Notice has been given in accordance with the requirements of the by-laws of the City of Niagara Falls.Those by- laws are City policy for the disposition of land. 3) Notice of land dealings has been carried out in this way for as long as I have been practicing law. 4) The requirements respecting notice and so on concerning severances have no application in a situation in which a Municipality is conveying land. Ken Beaman City Solicitor Legal Services City of Niagara Falls 4310 Queen Street, P.O.Box 1023 Niagara Falls, ON L2E 6X5 (905)356-7521 ext 4242 Fax 905-371-2892 kbeaman(cilniagarafalls.ca From: Janice Wing [mailto:janice_wing @cogeco.ca] Sent: Tuesday, February 19, 2013 2:23 PM To: Dean Iorfida Cc: Ken Beaman; John and Hilary Ainslie; Bill Colclough; Suzanne Martin; DE Graves; Larry.Ostola @pc.gc.ca; rob.nicholson.al @parl.gc.ca; Kim @KimCraitor.com; Ken Todd; Alex Herlovitch Subject: Re: Declare Surplus and Offer For Sale of Certain Lands in the City of Niagara Falls Hi Dean, Thanks for the clarification. I was considering the proposed subdivision and sale of portions of the property municipally known as 6015 Barker Street as a land severance, in accordance with the Ministry of Municipal Affairs and Housing definition, "the authorized separation of a piece of land to form two new adjoining properties." The Ministry website says: The consent-granting authority must give notice of application before a decision is made. Notice of application is given at least 14 days in advance of a decision by the consent-granting authority, either through local newspapers or by mail and posted notice. Any person or public body may submit his or her views to the consent-granting authority. janice On Feb 19, 2013, at 10:00 AM, Dean Iorfida wrote: Hi Janice: Yes, the notice for declaration of surplus and offer of sale for the Battlefield lands was published in Saturday's Review (Feb. 16th) I'll defer to Mr. Beaman for any further comment but I can tell you that the Municipal Act is no longer as prescriptive as it may have once been regarding notice on sale of lands. Section 270(1)of the Act states that the municipality shall adopt and maintain policies with respect to the sale and disposition of land, amongst other topics for which the municipality is to have policies. Section 58 of the Planning Act confirms that the Municipal Act or City of Toronto Act for the City of Toronto is the applicable legislation for acquisition of land by a municipality. It should be noted that even the Notice regulations of the Planning Act are less prescriptive than they may have once been, merely referring to "reasonable notice" . My quick scouring of the Municipal Act and Planning Act does not specifically mention fourteen (14) days, unless I am missing it. Our form of notice for sale of lands has been an advertisement in the Niagara Falls Review, which is a newspaper of "sufficiently general circulation". We make every attempt to also post such notices on our website but there is no legal requirement to do so. It is more a matter of attempting to use other forms of notice. Unfortunately, it appears that the other declaration of surplus and offer of sale to be dealt with on the 26th got inadvertently posted twice on the website. This will be rectified this morning, however, I have attached the notice to this email. Bottom line,there is no secret about the City's intention to sell portions of the Battlefield lands, as noted in April 2012 and January 22, 2013. The notice provided in the Review meets our policy and, obviously, members of the public have taken note and are aware that the matters(declaration of surplus,offer of sale and the related zoning by-law amendments) are being dealt with on the 26tH Thanks Dean From: Janice Wing [mailto:janice_wing©cogeco.ca] Sent: Monday, February 18, 2013 10:45 AM To: Dean Iorfida Cc: John and Hilary Ainslie; Bill Colclough; Suzanne Martin; DE Graves; Larry.Ostola@pc.gc.ca; rob.nicholson.a1 parl.gc.ca; Kim©KimCraitor.com Subject: Declare Surplus and Offer For Sale of Certain Lands in the City of Niagara Falls Hi Dean, 2 I have, inexplicably, not received my Review, for which I have a prepaid subscription, for the past two days. On three separate phone calls, one on Friday, two on Saturday, I have been assured that my missing issues would be delivered. They have yet to arrive. Jock Ainslie advised me yesterday that a notice of the City's intention to subdivide and sell portions of the lands municipally known as 6015 Barker Street was in the Review. He said the notice indicates the meeting is to be held on the 26th of February. I immediately checked the City's Public Notices page(http://www.niagarafalls.ca/notices/default.aspx ) and found two "Declare Surplus and Offer for Sale of Certain Lands in the City of Niagara Falls" notices listed there, as per this screen grab: The two notices, however, contain duplicate listings of the same listing (for Parcel A-1 Section M-78; Part of Block A Plan M-78 designated as Part 6 on reference Plan 59R-7160). There were yesterday, and still are today, no "Declare Surplus and Offer for Sale of Certain Lands in the City of Niagara Falls" notices for any other lands in the municipality. I advised Jock, in an email sent to him at 12:38 pm yesterday: I attempted to find the notice to which you are referring on the City website, but the only one I'm able to locate there is for the Kalar Rd. area: htp://www.niagarafalls.calpdf/public-notices/1123/3693-001.pdf Can you take another look at the notice in the paper, please? Does it reference Parcel A-1 Section M-78; Part of Block A Plan M-78 designated as Part 6 on Reference Plan 59R-7160? If so, it's that other land. We're concerned about anything matching this description: Jock has responded: "The school property notice appeared on page 6 in the Review yesterday, the 16th, and it pictures the school property including the playground ... There is no doubt which property it is. It is headed DECLARE SURPLUS AND OFFER FOR SALE OF CERTAIN LANDS IN THE CITY OF NIAGARA FALLS. This is under Section 34 of the Municipal Act, 2001 and under the City's By-law No. 2003-16" Dean, it is my understanding that the Planning Act requires at least fourteen days public notice be given. I have checked back issues of the Review and Niagara This Week and found no such notice. This is February 18th. For a meeting on February 26th, public notice should have been given on February 12th. 3 There is, as of this writing, still no public notice about the lands to which Jock is referring on the City website. A notice in the February 16 issue of the Review gives only ten days notice. Can the meeting about which Jock has advised me legally proceed? janice NiagaraFc44 www.niagarafalis.ca 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 <Battlefield Ad.pdf> 4 SULLIVAN MAHON EYL1P LAWYERS • -mot / . rtharinesO ice February 26, 2013 Mayor James M. Diodati and Members of the City of Niagara Falls Council 4310 Queen Street NIAGARA FALLS, ON L2E 6X5 Dear Sir/Madam: Re: Our Client: The Friends of Lundy's Lane Battlefield AM-2012-002, Zoning By-law Amendment Application 6015 Barker Street Applicant: City of Niagara Falls As you are aware, we act as solicitors for The Friends of Lundy's Lane Battlefield. On behalf of our client, we oppose the approval of the Zoning By-law Amendment Application in its current form along with the proposed passage by-laws appearing on Council's agenda this evening. Our client's objections are as follows: Heritage As Council is aware,the subject lands were designated by the Federal Government as a National Historic Site in 1937 and commemorates one of the bloodiest battles of the War of 1812 which marked the end of the American offensive in Upper Canada. Historic or heritage sites may also be designated at the Provincial level. Policy 3.2 of the City's Official Plan encourages protecting heritage resources through designation under the Ontario Heritage Act by recommendation of the Municipal Heritage Committee and approval by City Council. It is noted that the Municipal Heritage Committee has duly considered the criteria set out in Policy 3.2.9 of the Official Plan and has recommended designating the entire property as a Cultural Heritage Landscape under Part IV of the Ontario Heritage Act. Our client's disagree with Planning Staff's analysis that the existence of a building negates the necessity of designating the entire property as a Cultural Heritage Landscape. As our client's have been advocating,the opportunity exists to demolish the building and to commemorate the entire site as a park consistent with its designation as a National Historic Site. The development of an apartment building on the site ought not to take precedence over preserving a vitally important national heritage resource. 40 Queen Street,P.Q.Box 1360,St.Catharines,Ontario L2R 6Z2 Telephone:905.688.6655,Facsimile:905.688.5814 4781 Portage Road,Niagara Falls,Ontario L2E 8B1 Telephone:905.357.0500,Facsimile:905.357.0501 www.sullivan-mahoney.com V.F.Muratori,Q.C. P.8.Bedard T.A.Richardson,C.S. P.M.Sheehan W.B.McKaig J.Dallal,C.S. D.A.Goslin J.M.Gottli,C.S. R.B.Culliton J.R.Bush P.A.Mahoney B.A.Macdonald M.J.Bonomi G.W.McCann S.J.Premi C.D'Angelo R.Vacca T.Wall B.J.Troup D.M.Continenza D.M.Willer L.K.Parsons J.P.Maloney M.D.Atherton J.McNulty J.M.Armitage M.W.Vanoostveen G.C.Fahy L.T.Sgambellun D.A.Maloney Counsel(Commercial Law):M.D.Kriluck ARCHEOLOGICAL ASSESSMENT It is noted that in Report PD 2012-27 dated April 24,2012, the Regional Municipality of Niagara advised that the area has a high potential for the discovery of archeological artifacts and, therefore,an archeological assessment is to be carried out by a licenced archeologist prior to any grading/soil disturbance. Furthermore,the Region recommended that a holding symbol be applied to that portion of the property that has not been disturbed. In the report before you this evening the Region's prior request that a holding symbol be applied has now been deleted from the report. Accordingly, our client respectfully requests that a holding symbol ought to be applied to any amending by-law, if Council remains inclined to approve same,which may only be lifted upon the successful completion of an archeological assessment. ENVIRONMENTAL ASSESSMENT Report PD 2012-15 dated February 14, 2012 references the requirement for a Phase I and Phase II Environmental Assessment in order to determine that there is no environmental contamination on the site. The reports goes on to state that a Phase I assessment is complete and that a Phase II will be completed in the near future. The report before you this evening is completely silent on whether a Phase II Environmental Assessment was completed, and if so,the results of the Phase II Environmental Assessment have not been disclosed. It is noted in the report that much of the area was a sand pit in the early 1900's. Accordingly, our client's position is that a holding symbol should be applied to the amending by-law, if Council remains inclined to approve same, which may only be lifted upon the receipt of a Record of Site Condition issued by the Ministry of the Environment. PARKING SPACES In Report RP 2012-27 dated April 24, 2012,Transportation Services did not support the reduction of parking spaces from 42 to 35 which would represent a deviation of more than 10% of the required standards. However, in the report before you this evening Transportation Services now supports the reduction of parking spaces. At 35 parking spaces the result would be 1.17%parking spaces per unit which from our experience is below the standard approved for private land owners and developers. Accordingly, our client submits that there ought to be no reduction in the required minimum number of parking spaces as any reduction will result in vehicles being parked on municipal roads. PARKING IN FRONT YARD The Report before you recommends that there be no requirement for a decorative wall or landscape berm between the boundary of the front yard and Barker Street contrary to the zoning by-law requirement regularly imposed upon private land owners or developers. Our client sees no reason for an exemption for this particular property. The zoning requirement is in place to screen parking and improve the streetscape of apartment building properties. The area residents ought not to be treated differently than other residents in other areas of the City who abut or reside in the immediate vicinity of an apartment building. The opportunity exists to preserve a number of mature trees in the front yard and install a decorative wall or landscape berm as per normal zoning standards. In summary, our client objects to the approval of the Zoning By-law Amendment Application and the passage of the By-laws before you this evening. In our considered opinion,the Application does not represent good land use planning for the reasons noted above. We would request that Council adopt the recommendations of its Municipal Heritage Committee and designate the site under Part IV of the Ontario Heritage Act as a Cultural Heritage Landscape with the possible exemption of the lands to be sold to Morse & Son Funeral Home resulting in the rezoning of the said lands to a General Commercial (GC)Zone (to permit the expansion of the Morse & Son Funeral Home's parking area) and the remaining lands to an Open Space (OS) Zone (to preserve the lands as a municipal park consistent with its designation as a National Historic Site). Yours very truly, SULLIV ONEY LLP per: f Thomas Richardson :rhh cc. Dean Iorfida Dean Iorfida From: Karl Dren Sent: Tuesday, February 26, 2013 10:00 AM To: Janice Wing Cogeco Account Cc: Dean Iorfida; CouncilMembers; SeniorStaff; Marzenna Carrick;John Grubich Subject: RE:TS-2013-01 Attachments: image001.png Hi Janice, Thank you for your response to the Staff Report TS-2013-01. I do have information regarding St. Catharines, my staff reached out to St. Catharines several times during it's research regarding this issue. They once again reached out to them following your comments and finally received information from them. You are absolutely right that they have utilized this type of sign, in fact they have 75 of them in many locations throughout St. Catharines. They were first installed in the 1990's. However, they do not have a set policy or procedure on how they are installed. In addition, the City of St. Catharines does not have the Safety and Speed Control Policies in place that our City does. We follow the provincially accepted legislation and practices that are proven to be effective, are measurable and meet driver expectations. Our Safety practices have proven to be effective with our continual reduction is collisions year after year. Our Council is committed to Safety and Speed Reduction measures through our Neighbourhood Speed Watch Programs, Traffic Calming and Speed Hump policies, most recently Community Safety zones (McLeod Rd and Kalar Rd), installation of speed awareness boards(ie. in front of St. Vincent de Paul School). Our Hearing and Visual impaired warning signs follow provincial Standards whereby, once the individual moves the sign are removed. Staff understands your desire to improve safety and are supportive of ways to do this, however, the introduction of non- standard or provincially accepted signs will detract and lessen the importance of those signs that are installed adjacent to Schools, Parks and along Rural Road Sections. Therefore as outlined in report no.TS-2013-01, staff does not support the introduction of this type of sign. Sincerely, Karl Karl Dren, C.E.T. Director, Transportation Services The City of Niagara Falls - Transit Building 4320 Bridge Street Niagara Falls, Ontario, Canada L2E 2R7 Phone : 905-356-7521, ext. 4509 Fax : 905-356-5576 email: kdren @niagarafalls.ca website: www.niagarafalls.ca From: Janice Wing [mailto:janice_wing @cogeco.ca] Sent: Sunday, February 24, 2013 11:39 PM 1 To: Karl Dren Cc: Dean Iorfida; CouncilMembers Subject: TS-2013-01 Hi Karl, Not sure why the focus is on criticizing the To of NOTL about their use of a certain sign on Hunter Road, whist ignoring their use of the same sign in other locations nowhere near a playground (eg. York Rd.). Also, I don't know if you ever venture into St. Catharines at all, but they use a sign there which has not been addressed in your report. I am attaching a screen capture of one I frequently encounter when short-cutting through a north St. Catharines subdivision. Despite having seen this sign many times, I have not become inured to it, nor does the sight of it make me disrespectful of signs in general. Instead, it serves as a gentle reminder to check my speed and be cognizant that I am in a residential area where children may be in the street. The sign reads: SLOW WATCH FOR CHILDREN janice • `rte#'-" Y�°� ' .r,. -- °° rt --ve.011ft:2,004- • X14, 2 CITY OF NIAGARA FALLS By-law No. 2013 - A by-law to authorize certain capital works of the Corporation of the City of Niagara Falls (the "Municipality"); to authorize the submission of an application to the Ontario Infrastructure and Lands Corporation("OILC")for financing such works and certain other ongoing works;to authorize temporary borrowing from oilc to meet expenditures made in connection with such works; and to authorize long term borrowing for such works through the issue of debentures by the Regional Municipality of Niagara(The"Upper-tier Municipality")to OILC WHEREAS the Municipal Act, 2001 (Ontario),as amended, (the"Act")provides that a municipal power shall be exercised by by-law unless the municipality is specifically authorized to do otherwise; and WHEREAS it is now deemed to be expedient to authorize for the municipal purposes of the Lower- tier (individually a tier Municipality the new capital works described in column (2) of Schedule A (mdividua y "Project",collectively the"Projects")attached hereto and forming part of this By-law("Schedule "A") in the amount of the respective estimated expenditure set out in column(3) of Schedule"A", subject in each case to approval by OILC of the financing for such Projects that will be requested by the Lower-tier Municipality in the Application as hereinafter described; and WHEREAS before the Council ofthe Lower-tier Municipality approved each Project,in accordance with section 4 of Ontario Regulation 403/02, the Council of the Lower-tier Municipality had its Treasurer update its most recent annual debt and financial obligation limit received from the Ministry of Municipal Affairs and Housing(as so updated,the"Prior Updated Limit"),and,on the basis of the authorized expenditure for each Project as set out in column (3) of Schedule "A" (referred to hereinafter as the "Authorized Expenditure" for each such Project) the Treasurer calculated the estimated annual amount payable in respect of each Project and determined that the estimated annual amount payable in respect of each Project does not exceed the Prior Updated Limit,and accordingly the approval of the Ontario Municipal Board under the Ontario Municipal Board Act(Ontario),as amended, was not required before any such Project was authorized by Council; and WHEREAS subsection 405(1) of the Act provides that a municipality may authorize temporary borrowing to meet expenditures made in connection with a work to be financed in whole or in part by the issue of debentures if, (a) the municipality is an upper-tier municipality, a lower-tier municipality in a county or a single-tier municipality and it has approved the issue of debentures for the work; (b) the municipality is a lower-tier municipality in a regional municipality and it has approved the work and the upper-tier municipality has approved the issue of debentures for the work; or (c) the municipality has approved the issue of debentures for another municipality or a school board under section 404; and WHEREAS subsection 403(1) of the Act provides that a by-law of an upper-tier municipality authorizing the issuing of debentures for the purposes or joint purposes of one or more of its lower- tier municipalities may require those lower-tier municipalities to make payments in each year to the upper-tier municipality in the amounts and on the dates specified in the by-law; and WHEREAS subsection 401(1)of the Act provides that a municipality may incur a debt for municipal purposes, whether by borrowing money or in any other way, and may issue debentures and prescribed financial instruments and enter prescribed financial agreements for or in relation to the debt; and WHEREAS subsection 401(3) of the Act provides that a lower-tier municipality in a regional municipality does not have the power to issue debentures and accordingly the Lower-tier Municipality intends that the Upper-tier Municipality will issue debentures in respect of the Projects and will request that the Upper-tier Municipality do so; and WHEREAS the Act also provides that a municipality shall authorize long term borrowing by the issue of debentures or through another municipality under section 403 or 404 of the Act and subsection 403(7)of the Act provides that all debentures issued under a by-law passed by an upper- tier municipality under section 403 are direct, joint and several obligations of the upper-tier municipality and its lower-tier municipalities; and WHEREAS OILC has invited Ontario municipalities desirous of obtaining temporary and long term debt financing in order to meet capital expenditures incurred after December 31,2003 in connection with eligible capital projects to make application to OILC for such financing by completing and submitting an application in the form provided by OILC (the"Application"); and WHEREAS the Lower-tier Municipality requested the Upper-tier Municipality to issue debentures for the Projects and in this connection the Upper-tier Municipality and the Lower-tier Municipality submitted an application (hereinafter the "Application")to OILC to request financing in order to meet capital expenditures incurred after December 31, 2003 in connection with the Projects (the "Project Expenditures")by way of long term borrowing pursuant to section 403 of the Act through the issue of debentures to OILC and by way of temporary borrowing pursuant to section 405 of the Act; and WHEREAS OILC has accepted and has approved such Application; and WHEREAS the Upper-tier Municipality has agreed to issue debentures for the Projects to OILC in the maximum aggregate principal amount of $3,300,000 (the "Debentures"); and OILC has indicated that pending the issue of the Debentures it will provide financing by way of temporary advances to the Lower-tier Municipality in respect of the Projects; and WHEREAS the Lower-tier Municipality will enter into a financing agreement with OILC pursuant to the terms of which OILC will provide temporary advances to the Lower-tier Municipality in respect of the Projects. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Council of the Lower-tier Municipality hereby confirms, ratifies and approves the completion by the Treasurer of the Application and the submission by such authorized official of the Application,to OILC,in cooperation with the Upper-tier Municipality,for the financing of the Projects by way of temporary borrowing from OILC,pending the issue of Debentures,in the maximum aggregate principal amount of$3,300,000,substantially in the form of Schedule `B" attached hereto and forming part of this By-law, with such changes thereon as such authorized official approved. 2. The Mayor and the Clerk are hereby authorized to negotiate and enter into, execute and deliver for and on behalf of the Lower-tier Municipality a financing agreement(a"Financing Agreement")with OILC that provides for temporary borrowing from OILC in respect of the Projects on such terms and conditions as such authorized officials may approve, such execution and delivery to be conclusive evidence of such approval. 3. The Mayor and the Treasurer are hereby authorized,pending the substantial completion of a Project or as otherwise agreed with OILC, to make temporary borrowings pursuant to section 405 of the Act in respect of such Project,on the terms and conditions provided in the Financing Agreement and on such other terms and conditions as such authorized officials may agree,and to sign such evidence of indebtedness as OILC may require(a"Note");and the Treasurer is authorized to sign such certifications as OILC may require in connection with such borrowings in respect of the Projects; provided that the amount of borrowings allocated to any Project does not exceed the Authorized Expenditure for such Project and does not exceed the loan amount set out in column(4) of Schedule "A" in respect of such Project and does not exceed the loan amount set out in column(4)of Schedule"A"in respect of such Project as appropriate. 4. In accordance with the provisions of section 25 of the Ontario Infrastructure and Lands Corporation Act, 2011 (Ontario),as amended from time to time hereafter,as security for the payment by the Lower-tier Municipality of any indebtedness of the Lower-tier Municipality to OILC incurred under the Note, and as security for the payment by the Lower-tier Municipality of any indebtedness of the Lower-tier Municipality to the Upper-tier Municipality in respect of Debentures issued for any Projects, the Lower-tier Municipality is hereby authorized to agree in writing with OILC that the Minister of Finance is entitled to deduct from money appropriated by the Legislative Assembly of Ontario for payment to the Lower-tier Municipality, amounts not exceeding the amounts that the Lower-tier Municipality fails to pay to OILC on account of the outstanding indebtedness evidenced by the Note issued by the Lower-tier Municipality to OILC and on account of the outstanding indebtedness evidenced by Debentures issued by the Upper-tier Municipality to OILC for any Projects, and to pay such amounts to OILC from the Consolidated Revenue Fund. 5. For the purposes of meeting the obligations of the Lower-tier Municipality in respect of the Note and any Debentures issued by the Upper-tier Municipality to OILC for any Projects,the Lower-tier Municipality shall provide for raising in each year as part of the general lower-tier levy the amounts of principal and interest payable in each year under the Note or any such Debentures,to the extent that the amounts have not been provided for by any other available source including other taxes or fees or charges imposed on persons or property by a by-law of any municipality. 6. (a) The Mayor and/or the Treasurer are hereby authorized to execute and deliver the Note, the Mayorand the Clerk are hereby authorized to enter into, execute and deliver the Financing Agreement,the Clerk and Treasurer are hereby severally authorized to generally do all things and to execute all other documents and papers in the name of the Lower-tier Municipality in order to perform the obligations of the Lower-tier Municipality under the Financing Agreement and the Note,and the Clerk and Treasurer are authorized to affix the Lower-tier Municipality's municipal seal to any such documents and papers. (b) The proceeds realized in respect of the Note after providing for the expenses related to its execution and delivery, if any, shall be apportioned and applied to the respective Projects and to no other purpose except as permitted by the Act. 7. This By-law takes effect on the day of passing. Passed this twenty-sixth day of February, 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: February 26, 2013. Second Reading: February 26, 2013. Third Reading: February 26, 2013. Schedule "A" to By-Law Number • (1) (2) (3) (4) Project Number Description of Capital Work Estimated Loan Amount Expenditure $3,300,000 1• Lundy's Lane Museum Expansion $11,530,375 CITY OF NIAGARA FALLS By-law No.2013- A by-law to amend By-law No. 79-200,to rezone the Lands to a site-specific R5A zone to permit the conversion of an existing building to a 30 unit apartment dwelling (AM-2012-002). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by-law are described as Parts 1 and 2 on Schedule 1 of this by-law and shall be referred to in this by-law as the "Lands". Schedule 1 is a part of this by-law. 2. The purpose of this by-law is to amend the provisions of By-law No. 79-200,to permit the use of the Lands in a manner that would otherwise be prohibited by that by-law. In the case of any conflict between a specific provision of this by-law and any existing provision of By-law No. 79-200, the provisions of this by-law are to prevail. 3. Notwithstanding any provision of By-law No. 79-200 to the contrary,the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 4. The permitted uses shall be the uses permitted in a R5A zone. 5. The regulations governing the permitted uses shall be: (a) Minimum lot area 226 square metres for each dwelling unit (b) Minimum rear yard depth 8 metres (c) Maximum lot coverage 40% (d) Minimum number of required parking 1.17 parking spaces for each spaces dwelling unit (e) Parking in front yard required parking may be provided in the front yard without the need for a decorative wall or landscaped berm (1) The balance of regulations specified for a R5A use 6. All other applicable regulations set out in By-law No.79-200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 7. No person shall use the Lands for a use that is not a permitted use. -2- 8. No person shall use the Lands in a manner that is contrary to the regulations. 9. The provisions of this by-law shall be shown on Sheet C4 of Schedule"A"of By-law No. 79- 200 by redesignating the Lands from R2 to R5A and numbered 980. 10. Section 20 of By-law No. 79-200 is amended by adding thereto: 20.1.980 Refer to By-law No. 2013- Passed this twenty-sixth day of February, 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI,MAYOR First Reading: February 26, 2013 Second Reading: February 26, 2013 Third Reading: February 26,2013 S:1 ZONING\AMS12012\By-taws\Byam002 a.wpd SCHEDULE 1 TO BY-LAW NO. 2013- . � s l n I 0 co tr. sl 0 U) � RI _ I WQ g on w Z L I_ I N x J 0 'I Q II A cci AIN STREET 1 m cp M ti q N \ 247 `\ Z-.. =z ey ) a? )J 1 II 4. H -1 o,..-^---..---- ---. 699-94 £1Z-LE ol 0 en n� 52-17t $: m �n as ti:4 N R. ad M1 w o M < Q cd o n L 60096 n LSW6S N O N ~ E.4 i v£Z6 G� ' -1 IX V' r it W a0 a'.- � ` W o M V " LLL'L6 'i 99CS6 Ir I II E Q 4�I M I4- J A 8 rz w v, Z N J a7 3 1 3 A CITY OF NIAGARA FALLS By-law No. 2013- A by-law to amend By-law No. 79-200. to rezone the Lands OS for park purposes only(AM-2012- 002). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by-law are described as Part 4 on Schedule 1 of this by-law and shall be referred to in this by-law as the "Lands". Schedule 1 is a part of this by-law. 2. The purpose of this by-law is to amend the provisions of By-law No.79-200,to permit the use of the Lands in a manner that would otherwise be prohibited by that by-law. In the case of any conflict between a specific provision of this by-law and any existing provision of By-law No. 79-200, the provisions of this by-law are to prevail. 3. Notwithstanding any provision of By-law No. 79-200 to the contrary,the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 4. The permitted uses shall be a public park and accessory uses and structures. 5. The regulations governing the permitted uses shall be the regulations specified for an OS use. 6. All other applicable regulations set out in By-law No.79-200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 7. No person shall use the Lands for a use that is not a permitted use. 8. No person shall use the Lands in a manner that is contrary to the regulations. 9. The provisions of this by-law shall be shown on Sheet C4 of Schedule"A"of By-law No. 79- 200 by redesignating the Lands from R2 to OS and numbered 981. 10. Section 20 of By-law No. 79-200 is amended by adding thereto: 20.1.981 Refer to By-law No. 2013-_ Passed this twenty-sixth day of February, 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: February 26, 2013 Second Reading: February 26, 2013 Third Reading: February 26, 2013 c,.7n J1N('AMS V701 7'Rv-fawq\Rvam002h wnd SCHEDULE 1 TO BY-LAW NO. 2013- t B- c co W Jg J U) r 4I O —I a O ¢ x = 11 U Q x Cn c W_- Q § ce oz co I � Z � I : } W t . f: ° W I T a Q I- _ , 4s N ST°E _ J m c� R l n^ CAI Y3.47 z \\ L _1 g.= ao 1�3- IIIQ 1 O + 699-9a £oZ'..Z rn 0 52171 L< � wm :� Q< N a g 60Z'96 n - C59'6S m N y N £Z'6 V = C~ N r �� s Q n3 p m I c a_ a en °n La'L6 n ' —i—.IMtx c T 99L'56 I qSI Q.-l E R 4 I- vi W 4 Z ♦ 5; F � N g 4 S .58 &7 CITY OF NIAGARA FALLS By-law No. 2013- A by-law to amend By-law No. 79-200, to rezone the Lands GC to permit the expansion of an adjoining parking lot (AM-2012-002). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: I. The Lands that are the subject of and affected by the provisions of this by-law are described as Part 3 on Schedule 1 of this by-law and shall be referred to in this by-law as the "Lands". Schedule 1 is a part of this by-law. 2. The purpose of this by-law is to amend the provisions of By-law No.79-200,to permit the use of the Lands in a manner that would otherwise be prohibited by that by-law. In the case of any conflict between a specific provision of this by-law and any existing provision of By-law No. 79-200, the provisions of this by-law are to prevail. 3. Notwithstanding any provision of By-law No. 79-200 to the contrary,the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 4. The permitted uses shall be the uses permitted in a GC zone. 5. The regulations governing the permitted uses shall be the regulations specified for a GC use. 6. All other applicable regulations set out in By-law No.79-200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 7. No person shall use the Lands for a use that is not a permitted use. 8. No person shall use the Lands in a manner that is contrary to the regulations. 9. The provisions of this by-law shall be shown on Sheet C4 of Schedule"A"of By-law No. 79- 200 by redesignating the Lands from R2 to GC. Passed this twenty-sixth day of February, 2013. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: February 26, 2013 Second Reading: February 26, 2013 Third Reading: February 26, 2013 S:\ZONINGAMS'20121By-Iaws\Byam002c.wpd SCHEDULE 1 TO BY-LAW NO. 2013- 6 • 4 L '3 n I 1 I O J 1 O Q z l.L. I U ¢ x Cl) i Q W Q - 1 x LL Z i ,i ° E E I 1 ; I T 1 ¢ i STE r n m I :is= MAI N ..M m '1 , a az ,\ l� ?Z 1 o k' ) II I.! :., m 699'9i, £bZ"LZ 0 52.1" m m a r ;y s i� h s 60Z'26 n • lS9'55 a N 6 N £Z'6 •4q N g Ul < n a s a`ei m w n LZZ'L6 99 L"S6 _ ££S''+8 � A6 I `ti <<V,I a ICL J s 9 w A,%, 3 4, i 7j i3 J CITY OF NIAGARA FALLS By-law No. 2013 - A by-law to amend By-law No. 2002-081, being a by-law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by-laws. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. By-law No.2002-081 is amended by deleting Schedule"A"and that Schedule"A"attached hereto shall be inserted in lieu thereof. 2. The amendment to Schedule "A" is hereby effective on the date of passing. 3. By-law 2013-18 is hereby repealed. Passed this twenty-sixth day of February, 2013 DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: February 26, 2013. Second Reading: February 26, 2013. Third Reading: February 26, 2013. SCHEDULE "A" Acting Chief Building Official: Tammy Agnoletto 2. Inspectors: Tammy Agnoletto Wayne Allen Louie Baldinelli Luciano Chieca Frank Devereaux Brian Dickson Effat Effat Sandro Elia Jim Jessop Kellie Kubick Christel Meyer Carmen Mignelli Belinda Philips Nick Pietrangelo Roger Pigeon Franco Piscitelli Ellen Roupas Fred Sacco Ben Trendle Ron Waters 3. Property Standards Officers: James Cerminara Brian Sparks