04/26/2016 SEVENTH MEETING
REGULAR COUNCIL MEETING
April 26, 2016
Council met on Tuesday, April 26th, 2016 at 4:30 p.m. in a Closed Meeting
related to the items noted in the resolution below. All members of Council were present.
NO. 11 STRANGE CAMPBELL THEREFORE BE IT RESOLVED on April 26, 2016 at
4:30 p.m., Niagara Falls Council will go into a closed meeting, prior to their regularly
scheduled meeting at 5:00 p.m. to consider two matters that fall under s. 239(2)(c), a
proposed disposition of land, and s. 239(2)(f) advice that is subject to solicitor-client
privilege pertaining to part of the unopened Glenholme Avenue road allowance, that
fronts on the north side of Bellevue Street, between Valley Way and Harper Drive and
Part of the Montrose Business Park, including Parts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12
and 25, on Reference Plan 59R-13527; and a matter that falls under s. 239(2)(f), advice
that is subject to solicitor-client privilege and s. 239(2)(e), litigation or potential litigation,
related to water billing 6380 Fallsview Boulevard; and a matter that falls under s.
239(2)(f), advice that is subject to solicitor-client privilege and s. 239(d), labour
relations, pertaining to Chair-A-Van.
Carried Unanimously
Council met on Tuesday, April 26th, 2016 at 5:35 p.m. for the purpose of
considering Regular Business matters. All members of Council were present.
Charlotte Johnstone sang the National Anthem
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ADOPTION OF COUNCIL MINUTES
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Morocco that the minutes of the April 12th, 2016 meeting be approved.
Carried Unanimously
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DISCLOSURE OF PECUNIARY INTERESTS
Councillor Pietrangelo indicated a pecuniary interest with two cheques made
payable to the Niagara Catholic District School Board, his employer, and PBD-2016-13,
as he had previously declared a conflict on matters pertaining to 8267 Thorold Stone
Road, as a school board property is adjacent.
Councillor Kerrio indicated a pecuniary interest with MW-2016-16, as he owns
property within the BIA, and with PBD-2016-16, as he owns neighbouring property.
Councillor Morocco indicated a pecuniary interest to cheque number 392855,
made payable to her spouse and with report PBD-2016-16, as she does business with
the applicant.
Councillor Craitor indicated a pecuniary interest with cheque numbers 392965
and 393481 made payable to himself.
Councillor Thomson indicated a pecuniary interest with report PBD-2016-16, his
employer.
Council Minutes
April 26, 2016
Mayor Diodati indicated a pecuniary interest with cheque number 393138, made
payable to himself.
REPORTS 5:00 P.M.
TS-2016-20 —WEGO Purple Line Review
The report recommends that the Fire Chief be authorized to execute the renewal
of the Emergency Medical Tiered Response Agreement documents.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Campbell that the report be approved.
Motion Carried
With Councillors loannoni and Craitor opposed.
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.
F-2016-15 —Monthly Tax Receivables Report - March
The report recommends that Council receive the Monthly Tax Receivables report for
information purposes.
F-2016-16 — Cancellation, Reduction or Refund of Taxes Under Section 357 and
358 of The Municipal Act, 2001
The report recommends that Council approve the cancellation, reduction or refund of
taxes on the various accounts per the attached summary and granted to the property
owners listed.
F-2016-16 — Cancellation, Reduction or Refund of Taxes Under Section 357 and
358 of The Municipal Act, 2001
The report recommends that Council approve the cancellation, reduction or refund of
taxes on the various accounts per the attached summary and granted to the property
owners listed.
F-2016-17 — Municipal Accounts
The report recommends that Council approve the municipal accounts totaling
$38,349,608.91 for the period March 3, 2016 to April 6, 2016.
L-2016-06 - Boys & Girls Club of Niagara Obtaining Tax Exempt Status, Our File
No. 2014-184
The report recommends that Council direct that at letter be prepared and sent in support
of the private legislation being sought by the Boys & Girls Club of Niagara. The
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legislation, if enacted, would exempt the Boys & Girls Club of Niagara from municipal
and school taxation.
MW-2016-09 - Watermain Replacement Program (2013) Phase II, Contract #2016-
308-13 - Tender Award
The report recommends the following:
1. The contract be awarded to the lowest bidder Peter's Excavating Inc. at the tendered
price of $1,178,676.00.
2. That the Mayor and City Clerk be authorized to execute the necessary contract
documents.
MW-2016-11 - Street Light Design Guidelines, Specification and Standard
Drawings
The report recommends that the new Street Light Design Guidelines, Specifications and
Standard Drawings be approved for use in both new development and capital works
projects.
MW-2016-16 - Victoria Centre Streetscape Revitalization Phase 1, Contract #
2016-363-14 - Tender Award
The report recommends the following:
1. That the tender for the Victoria Centre Streetscape Revitalization Phase 1 be
awarded to Rankin Construction Inc. in the amount of $3,084,307.00 (excl. HST).
2. That the approved 2016 capital budget for the Victoria Centre Streetscape
Revitalization Phase 1 project be amended to include additional expenses in the
amount of $824,926.00. The additional funding will be provided from the final
installment of the OLG contribution agreement.
3. That the Mayor and City Clerk be authorized to execute the necessary contract
documents.
MW-2016-17 — 2016 Sidewalk and Concrete Repair, Contract No. 2016-02 —Tender Award
The report recommends the following:
1. The contract be awarded to the lowest bidder Sacco Construction Limited at a
tender price of$227,705.00; and,
2. That the Mayor and City Clerk be authorized to execute the necessary contract
documents.
PBD-2016-17 —Gateway Community Improvement Plan Applications:
GTY-2016-001, 7780 Stanley Avenue (Washington Mills)
GTY-2016-002, 7000 Kinsmen Curt (Vinita Holdings)
GTY-2016-003, 8230-8252 Oakwood Drive (Freightliner Trucking)
GTY-2016-004, 4726 Montrose Road (Foamcore Moldings)
GTY-2016-005, 8040 Lundy's Lane (La Farina Bakery)
The report recommends the following:
1. That Council approve the Niagara Gateway CIP Tax Increment Based Grant
program for: 7780 Stanley Avenue; 7000 Kinsmen Court; 8230-8252 Oakwood
Drive; 4726 Montrose Road; and 8040 Lundy's Lane subject to the Owners
satisfying the program requirements.
2. That the Niagara Region be advised of the decision of City Council.
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3. That the Mayor and Clerk be authorized to sign and execute the Tri-party grant
agreement.
PBD-2016-20 - Commercial Building & Façade Improvement Grant - DOW- 2016-
001 Revitalization Grant Application - DOW- 2016-002, 4790 Victoria Avenue,
Applicant: 4790 Victoria Avenue Ltd.
The report recommends that Council approved the Commercial Building and Façade
Improvement Grant and Revitalization Grant Applications for 4790 Victoria Avenue,
subject to the owner satisfying the program requirements.
That the Revitalization Grant be forwarded to the Niagara Region for confirmation of
support under the Smarter Niagara Incentive Program (SNIP).
R&C-2016-05 - Age Friendly Initiative
The report recommends the following:
1. That Council support the initiative of Niagara Falls becoming an Age Friendly
Community.
2. That Council approve $1,000.00 for a half day forum to discuss the Needs
Assessment Survey results to develop an Age Friendly Community.
3. That Council approve free public transportation from 9 am - 1 pm for older adults
(65 plus) who reside in the City of Niagara Falls to attend the Age Friendly Forum
at the MacBain Community Centre on Thursday, October 13, 2016.
TS-2016-15 - Dorchester Road - CN Closure
The report is recommended for the Information of Council.
TS-2016-16 - Subdivision Agreements - Update to Parking and Traffic By-law
The report recommends that the regulatory signs outlined in this report be approved for
the fourth phase (first stage) of the Warren Woods Subdivision and the first phase (first
stage) of the Oldfield Estates Subdivision.
TS-2016-17 - Administrative Monetary Penalties - Thorold Hearing Officer
Agreement
The report recommends the following:
1. That Council approve the agreement with the City of Thorold for the shared
resource of a Hearing Officer for the Administrative Monetary Penalties (AMP)
Bylaw 2014-65; and
2. That the Mayor and City Clerk be authorized to execute the agreement.
TS-2016-19 - RFP for Advertising Opportunities on Benches at Transit Bus Stops
The report recommends the following:
1. That council award the contract for on-street Pedestrian Benches at Transit Bus
Stops for a period of five (5) years to Creative Outdoor Advertising.
2. That the Mayor and City Clerk be authorized to execute the necessary
Agreement.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Strange that the reports on the Consent Agenda be approved as recommended.
Carried Unanimously
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MAYOR'S REPORTS, ANNOUNCEMENTS
Mayor Diodati offered condolences to Jeff Mazi, city employee, on the passing of
his sister.
Mayor Diodati advised of recent events: Coronation Centre Volunteer Event, 10th
Year Anniversary celebration for Great Wolf Lodge and opening of the Wolf Tail
waterslide, Book Launch " I Belong to You" by Modesta Tonan, Launch of Landshark
Beer at Margaritaville, 25th Year Anniversary of Tots 'n Tykes Daycare on McLeod
Road, Skylon Stair Climb to raise awareness for Children's Cancer, Grand opening of
Velocity Auto Group, Ribbon cutting and christening ceremony for the Niagara Falls
Rowing Club at Bukator Park, Grand opening of Niagara Elite Wellness Spa,
Sopressata Night at Club Italia, Jay Leno at Fallsview Casino, Stamford High School
Students Earth DayNalue Village project, New Fire new recruits, 3 day ladder climb,
Bike Friendly recognition for the municipality, Residential Tax Update, and the City
Clean-up.
Mayor Diodati advised of upcoming events: National Day of Mourning, Arbour
Day event for the Park in the City Committee April 29th at 10:00 a.m., Grand opening of
the Clothing Shop at Holy Trinity Anglican Church, MS Walk at Fireman's Park, Road
Closure on Montrose Road between Thorold Stone Road and Lundy's Lane closed May
2-6, emergency and local access only.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Strange that city staff investigate electric charging stations at City facilities.
Carried Unanimously
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COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
1. Niagara Falls Clean Air Association — requesting a duty of accommodation
under the Ontario Human Rights Code in relation to open air burning by-law.
RECOMMENDATION: For the Consideration of Council.
ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni
that the correspondence be received for information and be referred to the City Solicitor.
Carried Unanimously
2. Town of Aurora — requesting support on their resolution limiting the jurisdiction
of the Ontario Municipal Board to questions of law or process.
RECOMMENDATION: For the Consideration of Council.
ORDERED on the motion of Councillor Thomson, seconded by Councillor
Morocco that the resolution be supported.
Carried Unanimously
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3. Brain Tumour Foundation of Canada — requesting the month of May be
proclaimed as "Brain Tumour Awareness Month".
RECOMMENDATION: For the Approval of Council.
ORDERED on the motion of Councillor Strange, seconded by Councillor Kerrio
that the request be approved.
Carried Unanimously
4. Niagara Falls Optimist Club — requesting the week of May 16th as "Respect for
Law Week".
RECOMMENDATION: For the Approval of Council.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Craitor that the request be approved.
Carried Unanimously
5. Fallsview BIA — requesting approval of their 2016 levy.
RECOMMENDATION: For the Approval of Council.
ORDERED on the motion of Councillor Thomson, seconded by Councillor
Morocco that the request be approved.
Carried Unanimously
6. Niagara IceDogs — requesting their flag be flown at City Hall until the end of the
playoffs.
RECOMMENDATION: For the Approval of Council.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
loannoni that the request be approved.
Carried Unanimously
7. Redboss Pyrotechnicians — requesting fireworks at Great Wolf Lodge.
RECOMMENDATION: For the Approval of Council, subject to insurance
requirements.
ORDERED on the motion of Councillor loannoni, seconded by Councillor
Morocco that the communication be approved.
Carried Unanimously
RATIFICATION OF IN CAMERA MATTERS
ORDERED on the motion of Councillor Strange, seconded by Councillor Campbell
that the recommendations from the April 26th, 2016 meeting be approved:
L-2016-04 — Proposed Conveyance of City Owned Land, Portion of Glenholme
Avenue
1. That the City decline the Offer of to purchase a portion of the unopened
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Glenholme Avenue road allowance for $31,000.00, and
2. That steps be taken to list the property for sale.
L-2016-05 — Proposed Conveyance of City Owned Land Montrose Business
Park
1. That Council accept the offer of Northernchem Inc., in Trust, to purchase the
property at $33,000/acre.
2. That the Mayor and Clerk, Director of Building, Planning and Development and
City Solicitor, be authorized to take whatever steps and sign whatever
documents are required to carry out the sale.
Carried Unanimously
NEW BUSINESS
Kalar Road Sports Park
ORDERED on the motion of Councillor loannoni, seconded by Councillor Craitor
that staff report on the agreement related to the Kalar Road Sports Park and that the
stakeholders be invited to a meeting on the turf allocation.
Carried Unanimously
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PLANNING MATTERS
PBD-2016-19 - SBA-2016-001 — Sign By-law Amendment, Owner: 4 High Street
Inc., Agent: Permit World Inc. 8267 Thorold Stone Road (Circle K Convenience &
Gas)
Background:
An amendment to the sign by-law is requested to permit a 9 m high pylon sign to be
erected on a property zoned Neighbourhood Commercial (NC).
The site is being developed with a service station and convenience store which use is
permitted in an Neighbourhood Commercial zone.
A pylon sign is not permitted in an NC zone under the regulations of the Sign By-law
and as such an amendment is necessary to allow a pylon sign.
The by-law requires that amendments be considered by Council and that notice of the
public meeting be given to all property owners within 120 m. which was done on March
15, 2016.
Planning Analysis:
Subject property is designated Residential in the Official Plan.
Limited Neighbourhood Commercial developments are permitted within the Residential
designation.
► The Official Plan contains policies respecting signs, which state in part that signs
are part of the streetscape and are to be designed to complement the built form
and character of the surrounding area.
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► Typically, pylon signs, given their height and size are not permitted on lands
zoned NC as they have the potential of impacting residential uses.
► However, gas stations typically have pylon signs, so the proposal for this sign is
appropriate for the use.
► The site is located at the periphery of three neighbourhoods and despite this
location, the sign may still have potential impacts on the residential uses located
to the west and south.
Because of this, staff is recommending that the sign be modified in the following
manner:
That the sign location be limited to the southwest corner of the site which should have
the least impacts on surrounding lands,
That the maximum sign height be limited to 8 m which is consistent with the maximum
building height in the neighbourhood commercial areas and will still allow the sign to be
higher than the canopy and building.
That the maximum sign area be limited to 13 sq m. from the proposed 15.3 sq m.
That the lighting of the sign be dimmed between the hours of 11 pm and 7 am to lessen
the impact on the surrounding residential uses
Conclusion
The Sign By-law amendment be approved as recommended as it meets the intent of the
Official Plan.
In order to ensure this it is recommended the amending by-law regulate the sign in the
following manner:
• That there be only one pylon sign and it be located in the southwest corner of the
site.
• That the maximum height of the sign be limited to 8 m.
• That the sign area be limited to 13 sq m. , and
• Any lighting of the sign be restricted within the hours of 11 pm and 7 am
Recommendation
That Council approve the Sign By-law amendment application to permit a pylon sign to
be located on lands that are zoned Neighbourhood Commercial (NC), conditional on the
following:
1. Only one pylon sign be permitted,
2. The sign be reduced in height to 8 m.
3. The sign area be limited to 13 sq. m.
4. The lighting of the sign be restricted within the hours of 11 pm and 7 am.
Gilda Collins, agent for the applicant, was in agreement with the staff report and
recommendations.
The Public Meeting was Closed.
ORDERED on the motion of Councillor Campbell, seconded by Councillor Kerrio
that the report be approved as recommended.
Motion Carried
with Councillors loannoni and Craitor opposed.
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PBD-2016-16 — AM-2010-003, Zoning By-law Amendment Application, 6455
Fallsview Boulevard, 5471 Stanley Avenue and 5896 and 6046 Dunn Street.
Applicant: 1712093 Ontario Ltd. And 2100422 Ontario Ltd. (Carmen Menechella).
Agent: Italia Gilberti, Broderick and Partners. Proposal: 20 Storey Addition to a 10
Storey Hotel Tower
Background
Applicant has requested a Zoning By-law amendment for 3 parcels to permit a 20 storey
addition to the existing 10 storey portion of the Sheraton Four Points Hotel on Parcel 1,
as well as to permit additional required parking to be provided off-site on Parcels 2 and
3.
Parcel 1 is zoned site specific Tourist Commercial (TC-860) by By-law 79-200, as
amended by By-law 2009-75 which permits the existing 18 storey and 10 storey hotel
towers. The amended by-law also permits the majority of required parking to be
provided off-site on Parcels 2 and 3. The applicant proposes Parcel 1 to be zoned a
new site specific TC zone to recognize the existing development and permit the
proposed 30 storey hotel tower.
In addition, site specific provisions are requested to be added Parcel 2 and Parcel 3 to
permit additional required parking for the new tower on these parcels.
Planning Analysis
Official Plan
Parcels 1 and 2 are designated Tourist Commercial
Lands are intended to be developed with large scale accommodations and tourist
facilities.
Buildings up to 30 storeys in height are permitted, subject to a set of design guidelines.
Proposed addition is within the 30 storey limit.
Continued use of Parcel 2 for parking does not conflict with its designation, however,
the Official Plan states that parking areas are to be screened from abutting streets by
landscaping.
Parcel 3 is designated Residential with a Special Policy Area designation permitting an
off-site parking lot for a number of hotels.
The parking lot is permitted to contain up to 1,360 parking spaces in its first phase of
construction. The additional spaces proposed are within the 1,360 space cap.
The OP specifies a series of design criteria intended to ensure appropriate setbacks for
high-rise buildings and reductions in massing as they become taller, distinct and
interesting features are added to the skyline and the pedestrian environment at street
level is enhanced.
An Architectural Design Brief was submitted according to the City's revised practice:
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• Positive Base Building Principle - Existing podium of building provides
well-defined street edge to engage pedestrians along Fallsview Blvd. A
canopy is proposed along Fallsview Blvd to diminish wind effects.
• Public Realm at Grade Principle - Public realm experience can be
improved by providing a decorative wall or fence between the parking
areas and the sidewalk to screen parked vehicles.
• Sky View Principle - The goal of maximizing sky, light and air transparency
by building buildings with adequate spacing and mass is partially met.
The new tower meets the required maximum floor plate sizes and tower
length to width ratio above the 18th floor, and the tower is setback 6
metres from Fallsview Blvd to assist in letting air and sun penetrate to the
street. The departure from this principle is discussed below.
• Positive Base Building Principle - Existing podium of building provides
well-defined street edge to engage pedestrians along Fallsview Blvd. A
canopy is proposed along Fallsview Blvd to diminish wind effects.
• Public Realm at Grade Principle - Public realm experience can be
improved by providing a decorative wall or fence between the parking
areas and the sidewalk to screen parked vehicles.
• Sky View Principle - The goal of maximizing sky, light and air transparency
by building buildings with adequate spacing and mass is partially met.
The new tower meets the required maximum floor plate sizes and tower
length to width ratio above the 18t" floor, and the tower is setback 6
metres from Fallsview Blvd to assist in letting air and sun penetrate to the
street. The departure from this principle is discussed below.
Skyview Principle calls for a gap of 25 m. to be provided between hotel towers whether
they are on the same or abutting property.
Proposed addition maintains the 10 m setback from the south tower of the Hilton Hotel
to the north and the 2 m setback from the north lot line, which is consistent with 2009
approvals by Council.
The building has been designed with an angled wall on a portion of the façade that will
create the perception of a larger separation and reduce the impression of a wall of
buildings.
Zoning By-law
Current TC-860 zoning of Parcel 1 permits the existing 10 storey and 18 storey towers
and permits the majority of the required parking to be provided on Parcels 2 and 3.
The following changes are recommended:
• The proposed increase in height for the north tower on Parcel 1 from 31 m
(10 storeys) to 100 m (30 storeys) to accommodate the proposed addition
, including the roof feature.
• The requested increase in the amount of required parking for Parcel 1 that
can be provided on Parcel 2, from 123 to 125, is minor in nature.
• The requested increase in the amount of required parking for Parcel 1 that
can be provided on Parcel 3 from 249 to 368 is within the 1,360 parking
space limit set by the site specific zoning by-law covering the entire
parking lot.
• The amending zoning by-law will continue to require the 12 m setback
from townhouse development to the north of the subject lands. The 4,5 m
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noise wall on the lands will need to be moved to enclose the expanded
parking lot and buffer the adjacent dwellings.
The requirement for a decorative wall or fence between the parking area and the
abutting streets on Parcels 1 and 2 should be provided.
Conclusion
The amendment can be recommended for the following reasons:
• The proposal complies with the height policies of the Official Plan,
• The proposed tower complies with most of the design criteria, and despite
departures, it complies with the general intent of the design policies in the
Official Plan, and,
• The additional parking on Parcels 2 and 3 are within the intent of the
Official Plan. Residents adjacent to Parcel 3 will be buffered from the
parking lot expansion by a 4.5 m. high noise wall.
Recommendation
That Council approve the Zoning By-law amendment application to amend the site
specific zoning for 6455 Fallsview Blvd to permit the construction of a 20 storey addition
to the existing 10 storey hotel tower on the land, and to amend the site specific zoning
of 6471 Stanley Avenue and 5896 & 6046 Dunn Street to permit additional required
parking for this addition to be provided on these lands.
The approval be subject to providing the 15 m roof feature on the proposed hotel as
shown on Schedule 4 and to maintain the current requirement for a decorative wall or
fence between a parking lot and a street on 6455 Fallsview Blvd and 6471 Stanley
Avenue.
Italia Gilberti, Broderick & Partners, agent for the applicant, was in support of the
staff report and recommendations and asked for Councils approval of the report.
The Public Meeting was Closed.
ORDERED on the motion of Councillor loannoni, seconded by Councillor
Pietrangelo that the report be approved as recommended.
Carried Unanimously
With Councillors Kerrio, Morocco and Thomson declaring conflicts.
PBD-2016-22 — Official Plan Amendment No. 117, Thundering Waters Secondary
Plan, Applicant: GR (CAN) Investments Ltd., Endorsement of Secondary Plan
Principles and Objectives
Background
GR (CAN) Investments Ltd. began consultation with City staff and others in 2015 on the
process of developing a secondary plan for the area referred to as Thundering Waters.
The Secondary Plan Area is composed of approximately 484 ha.
A portion of the lands were previously converted from Industrial to Residential in 2008
with a portion of the lands designated as Environmental Protection Area (as further
amended by OPA 96).
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Lands are identified as Special Policy Area #56 which requires the preparation of a
Secondary Plan prior to development taking place.
Planning Analysis
Staff met with GR (CAN) to advise of various studies which are necessary to prepare a
Secondary Plan.
At this point, GR (CAN) is in the latter stages of preparing the various reports including:
• Environmental Impact study
• Transportation study
• Servicing study
• Land Use Compatibility study
• Planning Analysis report.
The first open house for the Thundering Waters Secondary Plan was held on
September 22, 2015.
The second open house is scheduled for April 27, 2016.
Principles and Objectives
GR (CAN) has brought forward a land use concept plan which shows an overall
development scheme for the entire area.
The concept plan depicts:
• arterial roads and collector road systems, including a possible bridge
connection.
• Large areas of the plan as Environmental Protection Area and Open
Space.
• Both low and medium density Residential areas are identified
• A commercial centre has been identified as well as employment lands.
This plan may be further refined through the consultation process.
The concept plan together with five draft principles have been submitted by GR (CAN)
to serve as the basis of the plan.
The principles for the secondary plan are as follows:
• Create a healthy, complete community.
• Create a sustainable, resilient green community.
• Create a dynamic residential community.
• Development of a linked open space system and natural heritage system.
• Create employment opportunities and support a vibrant local economy.
Support of the principles and objectives does not constitute formal adoption under the
Planning Act.
Biodiversity Offsetting
The attached plan represents a land use concept under current local, Regional and
Provincial documents and legislation. Biodiversity offsetting of PSW's is currently not
permitted by the Provincial Policy Statement.
However, at some point in the future, should the Province provide opportunities for
biodiversity offsetting, the proponents could submit an application to amend the
planning documents under the Planning Act to take advantage of any legislative
change.
Recommendations
That Council support the future growth of the Thundering Waters (Paradise) area
through the preparation of a Secondary Plan using the draft principles and objectives
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outlined in Staff report PBD 2016-22 and with input received from the public and
agencies.
Dr. John Bacher, PALS, a St. Catharines resident, outlined the need for a full
season, environmental impact study with public input. He indicated that the property
has benefitted from a lack of fragmentation allowing the wetlands to fully mature and
making the area the last refuge for deer in the community.
Raeann Otis, a Fonthill resident, felt that an independent environmentalist should
be tasked to do any studies, as opposed to one hired by the developer. She is opposed
to any biodiversity offsetting.
Marianne McMaster, a Beaverdams resident, felt that the city did not have a
good record in protecting environmentally sensitive lands, as evidenced during the
Fernwood development. She felt that severe penalties should be imposed for any
environmental violations.
Susan Price, a Cookman Crescent resident, outlined the natural beauty of the
lands. She expressed concerns of any portions being downgraded from Provincially
significant wetlands to locally significant wetlands.
Paul Downey, a Harmony Avenue resident, wanted to ensure that any approvals
are not delegated to any unelected body and all decisions should rest with Council.
Jonas Chapman, a Stevensville resident, felt that once any natural environment
is taken down, it cannot come back. It will be lost.
Zhiying (Helen) Chang, as interpreted by Cynthia Lai, Chair of GR Investment,
outlined the conceptual plans for the Paradise project. She outlined the three pillars of
the project: a state of the art business spark, an educational hub and an experiential
and culture themed leisure pedestrian core with residences, restaurants and other
attractions. She indicated that the goal is to make an eco-friendly development and that
they would abide by the environmental rules as set by the Province.
The Public Meeting was Closed.
ORDERED on the motion of Councillor Morocco, seconded by Councillor
Strange that the report be approved as recommended.
Carried Unanimously
BY-LAWS
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Strange that the by-laws be given a first reading.
Motion Carried
With Councillor Thomson opposed to By-law 2016-37.
2016-34 A by-law to hereby authorize the execution of an amending agreement
related to a Contribution Agreement, under the Cenotaph Restoration
Program, between Her Majesty the Queen in right of Canada, as
represented by the Minister of Veteran Affairs and the City of Niagara
Falls.
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2016-35 A by-law to amend By-law No. 79-200, to allow a four unit dwelling on the
Lands and to repeal By-law No. 2004-132 (AM-2016-001).
2016-36 A by-law to authorize the payment of $38,349,608.91 for General
Purposes.
2016-37 A by-law to amend By-law No. 72-211, as amended by By-law No. 81-65
and further amended by By-law No. 91-10, being a by-law respecting fires.
2016-38 A by-law to adopt, ratify and confirm the actions of City Council at its meeting
held on the 26th day of April, 2016.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Strange that the by-laws be given a second and third reading.
Motion Carried
With Councillor Thomson opposed to By-law 2016-37.
* * * * *
ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio
that the meeting be adjourned at 8:50 p.m.
Carried Unanimously
* * * * *
14jad, iv
(/--
DEAN IORFI A, ITY CLERK J MES M. DIODATI, MAY R
14