[22:32] - [Speaker] Three. [22:34] - Welcome, ladies and gentlemen and council, [22:36] to tonight's council meeting of Tuesday, July the 28th. [22:39] Today is a special council meeting [22:41] to discuss the official plan, [22:44] and we'll be largely relying on [22:45] our consultants and our planning staff [22:47] to walk council through [22:49] because of course this is going to be the future [22:51] of land planning and development [22:53] for the city of Niagara Falls. [22:54] So welcome, everybody. [22:55] First order of business is the adoption of the minutes [22:59] from our July 14th meeting. [23:01] A motion by Councilor Lococo, second by Councilor Kerrio. [23:04] All those in favor. [23:06] That's unanimous. [23:06] Thank you for that. [23:09] Not sure why it's written twice on the agenda here, [23:11] but okay. [23:13] Just a little link, okay. [23:14] Disclosures of a pecuniary interest. [23:17] Do we have any conflicts of counsel? [23:19] Okay, seeing none, [23:22] we'll now open up our statutory public meeting [23:26] with Our Niagara Falls Plan, [23:27] so I'm going to start by... [23:30] Who am I introducing? [23:30] I'm going to go to our general manager of planning. [23:34] Okay, there we go. [23:36] Now I have my sheet. [23:38] I'm going to go to our clerk, [23:39] and I'm going to ask her to please introduce [23:41] the next item on the agenda. [23:45] - Thank you, Mr. Mayor. [23:49] The next item on the agenda [23:50] is a statutory meeting for the Our Niagara Falls Plan, [23:55] the city's new official plan. [23:58] This special meeting of council is being held [24:00] under Section 263 of the Planning Act. [24:03] The city has engaged The Planning Partnership [24:05] to assist with the preparation of the new official plan. [24:08] The consultants will be providing [24:10] an overview of the draft Our Niagara Falls Plan [24:13] at today's meeting. [24:14] Notice was given in accordance [24:15] with the Planning Act on July the 8th, 2026. [24:19] The purpose of this public meeting [24:20] is to hear comments and concerns from the public. [24:22] Modifications to the draft official plan may occur [24:25] as a result of commentary provided at this meeting. [24:28] Staff will present any changes in the final staff report [24:31] and final draft of the city's official plan, [24:35] which is intended to be presented to council [24:37] for adoption at the August 11th, 2026 meeting. [24:42] The adoptive plan will then be forwarded [24:44] to the province for final approval. [24:46] The Ministry of Municipal Affairs and... [24:49] Pardon me. [24:50] The Ministry of Municipal Affairs and Housing [24:53] is the approval authority for the city's new official plan, [24:57] pursuant to Section 17, bracket, 36.5, end bracket, [25:03] of the Planning Act. [25:04] The minister's decision is final, [25:06] and there is no appeal in respect [25:08] to the minister's decision. [25:10] - Thank you, Madam Clerk. [25:11] I'm going to call on Kailen Goerz, [25:14] senior manager of long range planning initiatives [25:17] from our planning building and development department [25:20] who will introduce the consultants [25:21] from our Planning Partnership. [25:23] The floor is yours. [25:26] - Good evening, mayor and members of council. [25:28] We're excited to be here this evening [25:29] to present to you the draft Our Niagara Falls Plan. [25:33] The city has been working [25:34] with The Planning Partnership and Nethery Planning [25:36] in the development of this new official plan [25:38] over the past two years. [25:40] Today I have here with me Donna Hinde and Ron Palmer [25:43] from The Planning Partnership [25:45] and Joe Nethery from Nethery Planning. [25:47] Donna and Joe are going to provide [25:50] an overview of the draft Our Niagara Falls Plan [25:53] and will be available for questions after the presentation. [25:58] Thank you. [25:59] - [Jim] Welcome. [26:02] - Thank you very much, mayor and members of council. [26:06] I'd like to go to the next slide [26:08] and begin with the land acknowledgement. [26:12] Am I clicking? Okay. [26:15] There we go. [26:16] With the aim of educating our community [26:19] and acknowledging the many land treaties [26:22] that overlay the city of Niagara Falls and Niagara region, [26:26] we acknowledge and thank the indigenous peoples [26:29] who were stewards of this land for millennia before us. [26:36] A quick overview of the project status. [26:40] We are here in phase five [26:43] presenting the official plan. [26:45] We had our statutory open house a week and a half ago [26:48] and we are here tonight at the public meeting. [26:51] We are reviewing the inputs [26:53] that we've received to the official plan [26:55] over the last several weeks. [26:57] We will be preparing the final official plan. [27:00] We're here tonight at council. [27:01] And then as was mentioned previously, [27:04] it goes to the province for approval. [27:07] A quick snapshot on the engagement. [27:08] You told us right from the beginning of our project [27:11] that you wanted all of the work [27:13] to be embedded in engagement. [27:16] So we have worked through every phase of the exercise [27:20] reaching out to the community through public open houses [27:24] with one-on-one conversations, with an online survey. [27:27] We've had pop-up events. [27:29] We've worked in partnership with our city staff team [27:32] to make sure we were reaching out [27:34] to as many people as we could. [27:36] We worked with a terrific group [27:38] of young people from the city [27:40] who helped us in the earlier phases reach out [27:42] to connect with the elementary schools [27:44] and the folks and the kids at high school. [27:47] We've had many meetings with our city staff team, [27:51] with a technical advisory team. [27:54] The city has done a terrific job [27:56] keeping the online project-specific page [27:59] populated with the team's work in progress. [28:03] So we are happy that we've tried to [28:06] engage the community at every step of the way. [28:11] The official plan is structured primarily in two parts. [28:15] The part one, vision statement, key directions, [28:18] some general citywide policies. [28:20] Part two contains the site and area-specific policies. [28:25] There are schedules or maps at the end [28:28] that we're going to be talking to in this presentation, [28:31] and then a few appendices. [28:35] So we'll walk through each section of the document, [28:38] high level. [28:39] The first section includes the vision statement. [28:41] We've talked about the vision statement [28:43] a few times before council. [28:45] Niagara Falls, a natural wonder, [28:47] anchor for a thriving, resilient, and connected city, [28:52] community of beautiful and culturally rich neighborhoods [28:55] connected to each other, [28:56] linked to the jewels in the city's crown. [28:59] The beauty of the falls, the Niagara Parkway, [29:02] and the city's parks, trails, and natural areas. [29:05] That vision is underpinned by six key directions [29:09] that speak specifically to housing, [29:12] planning for a growing city, [29:14] building an attractive and cultural city, [29:17] speaks to multimodal transportation [29:20] about responding to a changing climate [29:24] and fostering sustainability and resiliency [29:27] and promoting a strong and healthy economy. [29:33] The plan is guided by a planning horizon [29:39] given to us by the provincial planning statement in 2024, [29:44] so it sets the horizon to 2051. [29:49] I'm going to turn it over to my colleague, Joe, [29:52] who's going to walk through the second section [29:54] of the official plan. [29:58] - Thank you, Donna. Good afternoon. [29:59] Your Worship, Members of council, [30:00] great to be back before you. [30:05] Outstanding. [30:06] So the second section [30:08] on managing population and employment growth, [30:11] there is an expectation under provincial policy [30:14] that a municipality's official plan [30:17] is based on some minimum targets [30:19] with respect to population growth going forward. [30:22] There are a couple of choices as to how that can work [30:26] with the recommendation that would be [30:28] in Our Niagara Falls Plan [30:30] is using the numbers from the Niagara region official plan [30:34] which have gone through a provincial approval process [30:36] and vetting exercise, [30:37] which is entirely consistent [30:39] with the provincial planning statement from 2024. [30:42] This includes planning for a population of 141,650 [30:47] in terms of residents, [30:48] 58,110 jobs in the city as well. [30:58] We know and you know through previous exercises [31:01] and master planning exercises [31:02] that have come through you about staff's work [31:04] with respect to land capacities and land availability [31:09] that is already approved and in your system. [31:12] It remains our opinion and embedded in the draft, [31:15] Our Niagara Falls Plan, [31:16] that there is existing approved lands. [31:20] Still have to go through the downstream processes, mind you, [31:23] to accommodate a potential population of 180,000 and up, [31:27] just approaching 74,000 jobs as well. [31:30] That's a particular theme that you will hear [31:33] throughout our presentation [31:35] and staff's responses to questions as well [31:38] going through this today. [31:40] How that works from a growth management perspective [31:47] is making some assumptions and setting some targets [31:49] with respect to how much intensification is appropriate, [31:53] where it is appropriate, [31:54] what minimum density targets [31:57] in particularly key strategic growth areas [32:00] where redevelopment is primarily targeted to occur [32:04] helps to deliver on that vision as well. [32:06] In what we used to call greenfield lands, [32:08] and we now call designated growth areas, [32:12] a number of which were approved [32:14] through the region's official plan work a few years ago. [32:17] We set similar density targets as well for how much [32:22] and a similar target on employment lands as well [32:26] in order to help underpin and understand [32:28] where those numbers and figures come from. [32:32] They also remain minimum targets which we use as supports [32:36] for planning for infrastructure, [32:37] community service needs, and what have you. [32:40] And that minimum is enshrined in provincial policy, [32:42] and all municipalities are expected to, [32:45] I'll say, do their part in that regard. [32:48] How that works from a geographic perspective [32:53] on the understanding that these maps are all viewable online [32:55] and scalable on on your home computers [32:58] is by defining a community structure. [33:02] This takes transect-oriented approach with highest densities [33:06] in particularly important centers [33:09] and core areas in the city. [33:11] A number of these permissions already exist [33:13] in these locations. [33:15] And this is where these form those core areas, [33:19] those centers and those corridors [33:22] where redevelopment is intended [33:24] to be focused and centralized. [33:27] Otherwise, within the city structure, [33:29] we also have are proposing neighborhoods. [33:32] This occupies the majority of the city's [33:35] geographic urban area today, [33:38] which is the primary home for low density [33:40] and ground-oriented residential development [33:42] with sprinkles of higher density throughout that as well. [33:46] We also identify employment areas [33:49] and both of these in a built up area [33:51] and designated growth area, [33:53] the former greenfield or new development context as well. [33:57] Outside of the settlement area itself, [34:00] a reminder that Niagara Falls does host [34:02] a significant rural and countryside area as well. [34:06] The majority of those lands [34:08] within the rural and agricultural area [34:10] are prime agricultural lands [34:12] with particular protections in provincial policy [34:15] that we'll go into a little bit more detail on [34:17] in a few slides. [34:19] And interspersed with it throughout this as well [34:21] is the greenlands system, [34:22] the core of our natural heritage system, [34:25] and other open spaces that together form [34:28] a very important part for supporting resiliency, [34:31] adapting to a changing climate, biodiversity, [34:34] and a number of very important critical [34:36] and environmental goals as well. [34:40] The identification of the settlement area boundary, [34:42] subject to some technical refinement through this exercise [34:46] is based on the 2022 regional official plan work. [34:50] Veterans planning discussions in the city [34:53] will recall that the region did expand [34:55] the settlement area through that process, [34:57] and we're continuing that work through [34:59] in this exercise as well. [35:03] The land needs within that help, [35:05] or how we incorporate, plan for, [35:07] and accommodate those plan minimum targets of 2051, [35:11] noting that your infrastructure exercises [35:13] and staff's previous work suggest that [35:15] we can actually accommodate more [35:17] within the baseline minimum expectations. [35:21] We also do provide for [35:23] within the policies of the text itself, [35:25] a recognition on how settlement area, [35:27] boundary expansions can occur. [35:29] A number of requests have been made through this assignment. [35:33] And once again, the city has not identified a need [35:36] and our work has neither identified [35:38] a need for any additional lands [35:40] to meet those minimum growth targets. [35:42] The city has enough land to do that [35:44] in existing state today. [35:49] Into section three of the first part of the official plan [35:51] are a range of citywide policies [35:54] largely tied to and built upon those initial six big moves. [36:00] These are goals, objectives, and policies [36:02] that apply to a range of topics and issue areas [36:04] that cover the city in its totality. [36:08] Under section 3.1, our housing policies [36:12] where we are providing the policy basis [36:15] to support a range and mix [36:16] of housing types being encouraged, [36:18] including ownership and rental opportunities, [36:21] as well as affordable, attainable, [36:22] and additional needs housing. [36:24] In a minor bit of quarantining on our parts, [36:27] noting that this team here does official plan work [36:31] in other municipalities. [36:32] We note that Niagara Falls already does [36:34] considerable and exceptional work with respect to [36:37] securing affordable housing. [36:39] And we're ensuring that that approach [36:40] is enshrined and continue forward in this approach [36:43] and staff remain committed [36:44] to delivering on those high expectations in the city [36:48] well above and beyond what others [36:51] seem to be able to accomplish. [36:54] And so let's give staff a feather in the cap [36:55] and you, council, a feather in the cap [36:57] for that while I have the microphone. [37:00] That 40% affordable and attainable housing target [37:03] is also current state [37:04] and remains remains proposed in this draft as well. [37:07] And also looking to address some contemporary issues [37:10] with respect to demolition or conversion [37:12] of rental housing as well. [37:17] Under section 3.2, we introduce policies [37:20] with respect to climate resiliency, [37:22] noting that the city has already done [37:24] a considerable and tremendous work [37:25] with its climate change adaptation plan, [37:28] which includes a number of action items that [37:30] were recommended for inclusion in planning matters [37:32] and are accommodated through this work, [37:34] and some additional other matters as well. [37:37] There are a variety of means and mechanisms [37:39] to which city municipalities can plan for [37:42] adapting to a changing climate, [37:43] and we are looking, contain policies and permissions [37:46] around compact urban development, [37:48] the protection and enhancing of the natural heritage system, [37:51] providing for mobility choice, [37:53] and incorporating the findings [37:54] of your recently approved transportation master plan [37:56] and trails and active transportation master plans, [37:59] and doing what we can to encourage green infrastructure, [38:02] tree canopy protection and compensation as well, [38:07] though those may be in different policies, not 3.2. [38:10] The urban forest and management plan work [38:12] is reflected in this draft as well, [38:15] maintaining the city's current 30% tree canopy coverage [38:18] and setting a target to increase that to 35% later on [38:21] with that compensation support as well. [38:24] We provide policies around air quality and renewable energy, [38:27] which includes supporting [38:28] carbon sequestration where possible, [38:30] encouraging green vehicle parking, [38:32] noting that the province has recently [38:34] clipped municipal wings in this arena, [38:37] and providing the policies around, [38:39] appropriate policies around [38:40] large scale renewable energy generation, [38:43] and noting, again, municipal limitations [38:45] on how far you can go in Planning Act terms [38:48] around energy and water conservation [38:50] through construction means and building operations, [38:53] setting up and providing for a basis to encourage, [38:56] encourage similar practices and help make it easier [39:00] to do such work in the city. [39:03] A number of detailed goals and objectives [39:05] with respect to mobility. [39:08] Again reiterating and recognizing [39:10] your recent approvals of the two master plans themselves. [39:13] We establish and provide the basis, again, [39:15] for mobility choice, [39:18] supporting and providing the basis for [39:20] road windings, infrastructure requirements, [39:23] active transportation infrastructure requirements [39:26] and also providing for [39:27] complete street design policies as well, [39:29] and the basis for transit supportive development, [39:32] noting again that official plans say [39:34] and set an awful number of goals and objectives [39:36] that remains considerable work to do once this is done [39:39] to achieve and continue to implement those objectives. [39:44] Under section 3.4, [39:46] under an Attractive and Cultural City. [39:49] We do provide for a number of design criteria [39:51] for built foreign types, low rise, [39:53] mid-rise, and high-rise buildings. [39:56] Included within those particular design policies, [39:58] we do talk about building placements and orientations, [40:00] building entrances, proximity to amenities, [40:03] and a number of items that city staff [40:05] are already undertaking [40:06] and implementing through development applications [40:09] and that review work as well. [40:11] We also provide for those evaluative criteria [40:14] within policies in order to form the basis [40:17] for such reviews and assessments in that downstream work. [40:21] We provide for enabling policies to apply crime prevention [40:24] through environmental design as well, [40:27] and identifying those key elements that [40:29] we know through years of design practice [40:31] help to provide for safe communities [40:33] through environmental design itself. [40:35] Clear sight lines, appropriate landscaping, [40:38] fencing, lighting, windows, [40:40] and those sorts of items that [40:42] help create those warm and welcoming spaces for all. [40:46] Under section 3.5, [40:49] and at the end of this big chapter, [40:51] we introduce our policies [40:53] with respect to a strong and diversified economy, [40:55] knowing that this has been a major theme [40:57] throughout this assignment [40:58] and was provided as an area of focus for this assignment. [41:02] We do provide and tie back to the objectives [41:05] that are established through the city's [41:06] economic development strategies [41:08] by recognizing and providing the policy protections [41:11] to protect employment lands going forward, [41:14] noting that provincial policy [41:15] has loosened the framework around [41:17] how municipalities can or cannot, [41:19] depending on your perspective, [41:21] continue to protect for those lands over the long term. [41:24] We recognize the agricultural economy [41:27] and provide the supporting basis for [41:29] evaluating proposals for agriculture-related uses [41:31] such as grain elevators or rural industrial food production, [41:36] and on-farm diversified uses [41:38] such as agritourism, on-farm tourism, [41:41] and those range of uses all in accordance [41:43] with provincial policy to help unlock, [41:46] further unlock those opportunities here in the city as well. [41:50] Unless we forget, we have also provided [41:51] for objectives around ecotourism [41:54] and ensuring that the city can look favorably [41:56] upon those opportunities [41:57] where they appropriately present themselves. [42:01] All right, we've now made it to chapter four. [42:03] Onward we go. [42:04] Our general land use policies compatibility- [42:06] - Just before we do, [42:07] is there any questions so far [42:09] that you've heard on section three [42:11] that anyone wanted to address at this point? [42:14] Okay, thank you. [42:16] - Anytime, Your Worship. [42:17] These are focus policies targeting individual issue areas [42:21] that will span multiple designations or multiple scenarios [42:24] instead of repeating them 14 times. [42:26] A big part of streamlining [42:27] and shortening this policy text [42:29] is to put it all in one place [42:31] and where those situations would apply. [42:34] So we have two chapters, 4.1 and 4.2, [42:36] that speak to uses that would be permitted [42:38] in all designations. [42:40] Really, I'll frame it as boring and enabling stuff [42:42] such as accessory uses if I have [42:44] a store parking associated with that is okay. [42:47] Enabling permission in parks, open spaces, [42:51] public service facilities, [42:52] small renewable energy systems, infrastructure. [42:55] The city's policies with respect to [42:57] vacation rental units are found in here, [43:00] noting that they are proposed to be permitted [43:03] in a handful of higher intensity, [43:05] higher density designations. [43:08] And if someone is looking to do that elsewhere, [43:10] and a planning application would be required [43:12] along with the full public process. [43:14] In some of those uses, that would be permitted [43:16] in multiple designations with development criteria [43:18] that are associated with them. [43:20] We've done our part to try and centralize [43:22] those criteria in this one place. [43:24] So picking on an example, [43:25] if somebody is looking for [43:26] particular information on a home occupation, [43:29] short-term accommodation, home industry, makerspaces, [43:34] we find those policies all in that one place. [43:36] These are the criteria that matter, [43:37] and eventually filter their way down and through [43:39] into various municipal bylaws, [43:42] including but not limited to zoning. [43:45] Under 4.3, we have a number of policies [43:48] with respect to compatibility of development. [43:52] These include both industrial, commercial, [43:58] noise-related uses adjacent to [44:01] what we would call sensitive land uses, [44:02] such as housing or schools or daycares, [44:04] and how that transition can be handled through [44:06] various studies, setbacks, or protections as is appropriate. [44:10] This also includes the further detailed series [44:13] on urban design transition, [44:16] and that compatibility around height transitions as well. [44:19] Noting Niagara Falls has a not high... [44:22] well, that's not correct. [44:24] Has a unique composition of very high density, [44:27] high tall buildings [44:29] and adjacency to low density residential. [44:32] The Our Niagara Falls Plan contains [44:34] some detailed policies on how [44:36] some of those transitions can be handled [44:39] based on the design team's experience [44:42] in some large urban centers. [44:44] Generally speaking, Our Niagara Falls Plan, [44:47] as written, includes the various relevant policies [44:49] that allow staff to tie back into provincial standards [44:52] and provincial studies [44:54] to review and assess the proposals that come forward, [44:59] with some other specific policies [45:01] tied to some specific uses [45:03] that have long existed in the city as well [45:05] and the city has already done considerable study on. [45:09] Coming back to those design policies [45:11] around built form, [45:16] Our Niagara Falls Plan contains [45:17] the detail that I've been alluding to thus far, [45:20] setting a standard of three stories or less [45:22] for those low rise buildings, [45:24] and then a series of designations [45:25] where they would be permitted [45:27] following later on in the draft plan itself, [45:30] mid-rise of three to eight stories, [45:32] and high-rises of 8 to 32 stories. [45:35] There are height variations that are also proposed [45:38] in the section provided certain design criteria are met [45:42] and noting that within the proposed entertainment district [45:46] centered around the core existing [45:48] tourist district area itself [45:50] not proposing a maximum within that district, [45:53] noting that those design policies [45:55] around compatible transitions of heights [45:57] remains proposed to apply. [45:59] Just because there is no maximum [46:00] does not mean that anyone can build to the moon. [46:05] We also provide for standard and routine policies [46:08] with respect to contaminated and hazardous sites as well, [46:11] both from a manmade and a natural environmental perspective. [46:15] This will also include some new mapping [46:16] that the province is now making available in municipalities [46:19] around the potential presence of karst [46:22] which may not come to a surprise of anybody who understands [46:25] that the Niagara Escarpment is a limestone feature, [46:28] and obviously has some intriguing landscape [46:31] and parts within that. [46:34] We now make it to section five, [46:39] I will keep on trucking. [46:40] These are the individual detailed [46:42] land use designations themselves. [46:45] I got a few slides here, [46:46] so let's keep rolling. [46:50] I bring you back to that first schedule [46:51] one map that appeared on an earlier slide. [46:54] We have a series of land use designations [46:56] that are tied to strategic growth areas. [46:59] This is a term tied to provincial policy. [47:01] It's implemented through a series of designations [47:03] that's intended to provide for [47:05] and encourage that redevelopment and intensification [47:08] of otherwise underutilized sites. [47:11] The benefit to providing for those areas [47:13] is signaling to the city and the region [47:14] where it is most prudent [47:16] to make those infrastructure investments themselves. [47:19] They're generally focused on key transportation corridors [47:22] and existing and planned mixed-use centers that exist. [47:26] These designations all broadly mix [47:31] higher density residential, commercial, and tourism uses [47:34] in a variety of forms and functions depending on context. [47:41] Those series of land use designations themselves, [47:44] we introduce those on schedule two. [47:48] And we introduce them on schedule two, [47:50] and I introduce them through these following slides. [47:52] So within the mixed-use 1 designation, [47:55] this is where we're looking at proposing [47:57] low and mid-rise buildings, [48:00] providing for residential and related uses, [48:03] places of worship. [48:04] It can occur in a standalone or a mixed-use form as well. [48:09] That mixed-use 1 generally applying along [48:12] some of the corridors with shallower or narrower lots. [48:17] Where we have deeper lots, [48:19] we get a little more into [48:21] the nice oven roasted salmon color, [48:23] Lundy's Lane in particular, [48:24] centers where we would be the... [48:26] Our Niagara Falls Plan contemplates [48:28] mid-rise and high-rise buildings [48:33] that we're obviously have to focus on [48:34] and would require compatibility to adjacent buildings [48:38] and land uses themselves. [48:40] Again, looking to support [48:42] residential uses, institutional uses, [48:44] commercial uses as well. [48:46] So a little taller, a little more dense in these locations. [48:50] We include a Queen Street downtown mixed-use designation. [48:53] I believe we are standing in it in this moment. [48:57] This would recognize the protected [48:58] major transit station area status around [49:02] the historic train station [49:04] that already exists in policy documents as well, [49:07] or in your planning policies today, rather. [49:10] Supporting apartment dwellings, [49:11] mixed-uses as well, institutional uses. [49:14] There is a minimum density expectation in this area [49:18] in this designation as well, [49:19] and we contemplate that in mid-rise and high-rise forms. [49:23] The entertainment district, this would be the focus, [49:26] the focus of the highest intensity development [49:28] within the city that already exists in that form today [49:32] and there remains additional lands [49:34] for such development in this area. [49:38] We are here to support the province's [49:39] Destination Niagara Strategy [49:41] as being a particularly central area for this. [49:45] We are looking... [49:46] The proposed permissions are for mixed-use [49:48] residential apartment buildings above ground floor, [49:51] but reserving those first stories for that interactivity [49:54] and commercial function to support that walkability, [49:57] that intensity of use, that destination and center focus. [50:01] All building forms are proposed to be permitted, [50:03] depending on your context and the criteria that would apply. [50:07] The entertainment generation districts applies to, [50:10] I believe, three total sites as proposed. [50:14] The intent is for this designation [50:15] to recognize the potential of these lands for full day, [50:19] year-round tourism generation. [50:22] It remains our intent, [50:23] and we've heard from council both, I believe. [50:26] Well, I believe, in your current form, [50:27] but certainly in previous forms with previous members, [50:29] the importance of ensuring [50:31] that tourism function is recommended here, [50:33] and staff have kept us accountable in this regard. [50:36] We are generally looking at permitting commercial [50:38] and associated uses, those tourism [50:39] supporting commercial uses as well. [50:41] You do not see residential uses on this as well. [50:45] These lands are intended to follow through [50:47] some form of a public process in order to ultimately define [50:50] what would be happening on those spots [50:52] and what form does that take. [50:57] Our last strategic growth area designation that is proposed [51:00] is the South Niagara Hospital District. [51:04] Again, recognizing existing sites, [51:06] but also with some corridor-oriented spines off of that [51:09] that are in existing secondary plans [51:12] focused on the hospital. [51:13] And generally speaking, when a new large hospital happens, [51:16] there is a usual follow-up and knock-on effect [51:19] with respect to medical offices [51:20] in support of commercial as well. [51:23] We are looking to propose all those uses as well. [51:26] It would include residential in mixed-use forms [51:28] on the understanding that some of these uses [51:30] might require further study, further investigation, [51:33] and potentially a trip before council [51:35] to ultimately be permitted in the long term. [51:38] I'm now prepared to shift into [51:42] the yellow section of designations, the neighborhoods. [51:48] - Any questions at this point of council? [51:50] Okay. Thank you. [51:51] - Okay. [51:53] The single largest designation, urban designation [51:55] that's proposed is the Neighborhood's Designation. [51:58] This is about well-designed [51:59] and attractive residential development [52:01] that considers scale character of existing areas as well. [52:05] And would also likely be proposed [52:07] to apply in those designated growth areas, [52:11] those new communities on the fringe as well. [52:14] More on those in a few slides. [52:16] We're looking at permitting residential uses, [52:19] related residential and community supporting uses as well. [52:23] I introduced the term [52:24] neighborhood supporting uses this time, [52:26] which can include small scale commercial [52:28] as a particular function as well. [52:30] And generally speaking, in low-rise forms. [52:36] A future neighborhood designation is proposed [52:38] to apply where those designated growth areas [52:41] were approved through the regional official plan process. [52:45] This designation intends to apply, [52:48] sorry, to go off the slides, [52:49] a comprehensive planning approach [52:51] that will help demonstrate [52:52] how those density targets get met. [52:54] A subsequent downstream planning approval [52:57] is going to be required. [52:57] And last time I checked, city staff are facilitating [53:00] a number of those projects at present. [53:02] And long story short, [53:03] planning issues on these areas [53:05] are being handled through that assignment, [53:07] those assignments, not this one. [53:09] The uses are generally limited [53:11] to what is legally established [53:13] and what is already there, [53:15] with the point being if somebody wants to do something new, [53:17] it goes through a particular process [53:18] and the city and staff will ensure [53:20] that various planning interests and council interests [53:23] are taken care of through the review. [53:27] Into our employment districts. [53:30] I will note at the present of this, [53:32] this is a new framework and a new approach. [53:33] It differs than what the region had identified, [53:36] and I think represents both the project team's opinion, [53:39] our employment and commercial consultant's opinions, [53:42] and staff's review work as well [53:44] to reflect facts on the ground [53:45] and a new vision going forward. [53:48] The main designation within that context [53:50] is proposed as Flex Business District. [53:53] It recognizes those areas that don't meet [53:55] the definition of traditional employment areas [53:58] that has been introduced [54:00] in the '24 Provincial Planning Statement [54:03] which effectively allows the official... [54:05] And by going in that route, [54:07] it allows Our Niagara Falls Plan [54:08] to propose a broad range of job-generating land uses itself. [54:13] It's not intended to be an employment area [54:15] under the 2024 Provincial Planning Statement. [54:18] And so therefore that can include [54:20] service commercial uses, retail uses, [54:22] in addition to traditional employment uses as well, [54:25] such as factories or manufacturing, [54:27] processing, warehousing, assembly. [54:30] Residential is not permitted in this area, [54:32] and the draft Our Niagara Falls Plan [54:33] does include I'm going to say conversion criteria, [54:37] though I don't think conversion's the jargon term anymore. [54:40] If somebody is looking to introduce [54:42] residential in those areas, [54:43] there are specific criterion tests that need to be assessed, [54:46] and it affords counsel the ability [54:48] to make a decision on the long-term future on those sites. [54:53] That hardcore traditional employment area designation [54:56] is also proposed on those sites for, [54:59] and my jargon term for it [55:01] is the biggest, the noisiest, the stinkiest, the largest. [55:04] Those traditional factory type [55:06] and warehousing type uses as well, [55:08] that are ultimately there, [55:10] whose lands and adjacencies are hoped to be protected [55:12] from those more sensitive land uses [55:14] such as housing or daycares [55:16] that may result in an operational conflict [55:19] for those larger industrial uses going forward. [55:23] Though that is tied to the employment area framework [55:26] within the 24 Provincial Planning Statement as well, [55:28] meaning that the list of proposed uses [55:31] is much tighter in this designation than others. [55:35] I've also been asked to take a second to focus on [55:43] the former airport lands, which, as council knows, [55:48] are in the city's ownership at this time. [55:50] So it is proposed in the draft, Our Niagara Falls Plan, [55:54] to show this as a potential new employment settlement area. [55:58] It is located within, [55:59] and we also maintain this mapping overlay [56:04] this future employment corridor [56:06] that was identified by the region in 2022 [56:10] in their official plan. [56:12] The land area of those former airport lands [56:15] is generally equivalent [56:18] to the amount of land that no longer meets [56:20] the definition of employment area [56:23] through those designation shifts [56:25] that I just described over the past couple of slides. [56:29] Those sites are shown as flex employment area, [56:33] and so the airport proposal is for employment area [56:36] and that core designation. [56:38] So the province has requested [56:41] in their initial comments back to staff [56:44] for a demonstration that infrastructure [56:45] and public service facilities [56:46] to support that development would be planned or available. [56:49] That's the language that comes [56:50] out of the 24 Provincial Planning Statement as well, [56:54] and obviously that the supporting information [56:55] regarding the need for those lands is demonstrated. [56:58] You've heard the number 2051 as a planning horizon [57:00] introduced in earlier slides here. [57:03] The city can under the provincial planning statement plan [57:06] beyond that time for employment areas, [57:08] and that's going to be a very important criterion [57:11] for the decisions that ultimately get made [57:12] on this site itself. [57:14] - Can I just... [57:15] We'll run on that site just to address this. [57:18] So this is of importance to the city [57:20] because we acquired 250 acres there recently, [57:24] and its intended use is for employment land for [57:27] an industrial park or a major employer creating good jobs. [57:33] And we don't know when that's going to be. [57:34] I can tell you I've spoken with the province [57:36] many times about this specific parcel, [57:39] and they've been saying we need to get [57:40] at least 250 acre sites. [57:43] So I just want to just clarify [57:45] with the contingencies that are listed there, [57:49] that that's consistent with the province. [57:52] Vic Fedeli's traveling the world [57:53] trying to bring major employers, [57:55] and I've spoken with him [57:57] about us having this parcel for exactly that. [58:00] And if this happens, it'd be long before 2051. [58:03] So I just wondered if you are able to elaborate [58:05] just a little bit on how something like that [58:08] could move forward. [58:12] - Through Your Worship, [58:13] and where this may bed one of those areas [58:16] where staff are able to supplement here, [58:18] long story short, it boils down to [58:20] the various technical studies need to be complete [58:22] and the relevant infrastructure needs to be available [58:24] to support that development. [58:25] So there will remain work to do [58:28] in order to fully unlock that, [58:29] but I'm looking at Ms. Dolce, [58:31] who probably has a really good handle on this. Sure. [58:33] - Thank you. [58:35] Thank you, Your Worship [58:36] So this area in particular, our approach for this area, [58:39] why we included it, [58:40] obviously, we knew the importance to the city. [58:43] When we did, the consultants and ourselves, [58:45] we looked at the entire city [58:48] and we moved some lands out of employment area [58:50] into flex business. [58:52] So it's not necessarily long-term protected for employment. [58:56] We are down in terms of employment areas. [58:58] So this area is very important to us. [59:01] Secondly, we did come to in 2026 budget [59:05] and ask for these studies to be done. [59:07] So we did get the budget in 2026. [59:09] We're starting to work towards [59:12] undertaking those studies now. [59:13] So I do think we will have all the studies that they need, [59:18] and they are mainly technical studies. [59:20] As you heard from Mr. Nethery, [59:24] we can plan beyond 2051. [59:25] So that demonstration of need [59:27] isn't there at servicing capacity, all the other things, [59:29] which, again, we do have flexible policies [59:32] to allow it on full or partial private services as well [59:35] for the short term. [59:36] So I think we've laid out our case pretty well [59:39] on the importance of it and how we feel it meets [59:43] in the framework we have to use. [59:46] - Well, that's great [59:47] because I think it's important to the council [59:49] that we diversify our economy, [59:51] and here we have an opportunity to create [59:52] more, better industrial type manufacturing jobs [59:56] that pay better. [59:57] So it's important. [59:58] We want to not just be... [1:00:00] We learned the hard way from COVID, [1:00:02] being dependent on tourism jobs when the border's closed. [1:00:05] It was difficult for our community. [1:00:06] So we want to make sure this is going to be for good-paying jobs. [1:00:09] That's why we bought that land. [1:00:11] So you're good. [1:00:12] Thank you very much. You can continue on. [1:00:16] - I'm now going to move outside of the urban area, [1:00:18] the settlement area to our rural and agricultural areas [1:00:22] of which we have two designations proposed. [1:00:24] Again, the majority of lands proposed to be [1:00:27] designated prime agricultural. [1:00:30] This should look very familiar to followers [1:00:32] of the regional official plan process itself. [1:00:35] These are the lands that provincial data [1:00:37] and provincial studies suggest [1:00:38] are of the highest capability, the highest performance, [1:00:40] the highest agricultural potential. [1:00:43] They are limited to farming and associated uses. [1:00:47] There are potential processes [1:00:48] to introduce agriculture related uses. [1:00:50] Again, the grain elevators, [1:00:52] some limited food production as well on these sites. [1:00:54] There are pretty detailed provincial guidelines [1:00:56] around how all of that can work. [1:00:58] And typically all of it requires [1:01:00] a process and an application to unlock. [1:01:03] These are intended to be farmlands, [1:01:04] and Our Niagara Falls Plan continues to protect those farm, [1:01:07] to protect that for farmland. [1:01:09] There are a handful of sites [1:01:11] that are proposed to be designated rural. [1:01:15] Again, generally, once again, a part of [1:01:18] the rural and agricultural framework, [1:01:20] part of an overall agri-food system, [1:01:23] but those lands generally do not meet [1:01:26] that higher productivity standard. [1:01:29] There may be additional uses [1:01:31] that are potentially permitted in this area, [1:01:32] and that is what the OuR Niagara Falls Plan [1:01:34] proposes to recognize. [1:01:36] Some of that additional flexibility on some of those [1:01:40] theoretically lower productivity, lower protected lands. [1:01:44] And again, limited to... [1:01:47] I was about to say two sites, I think, [1:01:48] and I think one of them has a power plant on it, so. [1:01:53] Another legacy designation [1:01:55] is also proposed parkway residential. [1:01:57] It exists today. [1:01:59] Long story short, it's about recognizing [1:02:00] that ribbon residential development [1:02:02] along the Niagara Parkway itself. [1:02:05] I am pleased to report [1:02:07] I am over two thirds of the way through the deck. [1:02:10] We move into section six on the Greenland system itself. [1:02:17] Generally, this is a designation, [1:02:20] a series of designations that transcend [1:02:22] the settlement area, the urban area boundary itself. [1:02:24] We have those green spaces, those natural features. [1:02:27] Within Urban Niagara Falls itself, [1:02:29] we have considerable opportunities [1:02:30] within Urban Niagara Falls [1:02:32] for enhancement of those systems [1:02:33] and providing for additional environmental functionality [1:02:37] and flexibility and resiliency, [1:02:39] and also a pretty significant [1:02:40] and integrated network within the rural area [1:02:43] of those key features and functions. [1:02:47] In here is where you find our designation, [1:02:50] our parks and open spaces designation. [1:02:53] Generally speaking, it permits parks. [1:02:55] Also recognizing various trails [1:02:57] and linear corridors within the city, [1:03:00] with the intent of providing [1:03:01] parks and recreation facilities, [1:03:03] and a very significant opportunity for enhancement, [1:03:06] especially under city leadership, [1:03:07] as last time I checked, [1:03:09] the city is the owner of the majority of these lands. [1:03:12] We are providing a designation [1:03:14] that recognizes Niagara Parks lands [1:03:17] as you will all know. [1:03:20] The Niagara Parks Commission is subject [1:03:21] to its own legislative legislative framework. [1:03:24] It has its own powers and permissions [1:03:25] over what it can do with its lands. [1:03:27] We've heard consistently as a consulting entity team [1:03:30] since day one on this assignment, [1:03:32] that the relationship between the city [1:03:34] and the NPC is strong, [1:03:35] and all we're trying to do is ensure [1:03:37] that that is recognized through this designation, [1:03:40] understanding their framework, their processes, [1:03:42] and the importance of that collaborative, [1:03:44] that collaborative work together. [1:03:46] - Just on that point, so to clarify, [1:03:49] what you're saying is the city doesn't have [1:03:50] planning authority over the Niagara Parks Commission? [1:03:53] - That's correct. [1:03:54] - Okay. [1:03:56] - Bingo. [1:03:58] Next up is a single blob designation, [1:04:01] but it has some very important segmentation within it. [1:04:05] We are proposing a single designation [1:04:07] for the Niagara Escarpment Plan areas. [1:04:11] The policy framework is very simple, that is proposed. [1:04:14] It's that the Niagara Escarpment Plan applies. [1:04:17] So under the Niagara Escarpment Plan, [1:04:19] again, a provincial plan. [1:04:20] The city decisions need to be consistent with that plan. [1:04:25] In trying to keep the text of Our Niagara Falls Plan [1:04:27] short, concise, and streamlined, [1:04:30] we are very simply pointing to the importance of that plan, [1:04:33] and its myriad of designations and protections within it, [1:04:36] including limited urban policies [1:04:38] all the way through to potentially [1:04:39] some specialty crop identification as well. [1:04:42] It looks like one color. [1:04:44] It's actually a very integrated and complex policy framework [1:04:49] under provincial direction. [1:04:55] We're going to include, at this point, our schedule 3-1, [1:04:58] which is the Natural Heritage System itself. [1:05:02] The Natural Heritage System is noted in the staff report. [1:05:04] This all about recognizing those linkages [1:05:06] between and among significant natural heritage features, [1:05:09] and there are areas along with [1:05:11] a water resource system as well, [1:05:13] and an agricultural system within that. [1:05:15] All of it generally working together [1:05:17] to provide for that overall approach [1:05:20] to environmental planning in municipalities. [1:05:23] The policies that are developed recognizing [1:05:26] a significant shift in policy [1:05:28] with the removal of the growth plan [1:05:30] for the Greater Golden Horseshoe [1:05:32] that provided for a provincial natural heritage system. [1:05:38] What is shown up onto this is, [1:05:40] it has been developed for this assignment itself. [1:05:43] The policies that are in there [1:05:45] reflect the protections with... [1:05:48] Sorry, let me restart that. [1:05:49] The policies in here reflect the protections [1:05:51] that are identified and required [1:05:53] within the provincial planning statement. [1:05:56] It also provides for additional components [1:05:58] that allow for some flexibility and study, [1:06:00] all of which are consistent [1:06:01] with the provincial planning definition [1:06:03] of a natural heritage system [1:06:05] and a municipality's ability [1:06:07] to provide for additional protections where necessary. [1:06:11] Development within the policies. [1:06:13] The province has noted that natural heritage features [1:06:15] must be appropriately protected [1:06:17] in accordance with the provincial planning statement [1:06:20] and applicable plan policies. [1:06:23] City staff will acknowledge that those policies [1:06:25] do go above and beyond, [1:06:27] as proposed, those minimum standards. [1:06:32] The province has recommended, [1:06:34] as noted in the staff report [1:06:36] that those features could be identified as an overlay [1:06:39] with the point being that [1:06:41] some of the agricultural work [1:06:42] would show as the primary use of land. [1:06:46] It's been the consulting team's advice to the city [1:06:49] in finalizing this content. [1:06:52] That would provide less protection from development [1:06:55] based on experience elsewhere. [1:06:58] So we do continue to recommend a core designation [1:07:01] that recognizes the significant natural heritage features [1:07:04] that have those protections [1:07:06] built into provincial policy as well, [1:07:08] noting that development and site alteration [1:07:10] is not permitted in a number of those features as well, [1:07:13] or will require the relevant environmental studies [1:07:16] in order to demonstrate no negative impacts [1:07:19] on the features themselves. [1:07:24] - [Jim] Excuse me. I'm sorry. [1:07:25] We have a question, Councilor Patel. [1:07:28] - Thank you, Mr. Mayor. [1:07:29] I have a question. [1:07:30] When you say provincial, [1:07:32] those are basically provincial wetlands [1:07:34] that we're protecting, the heritage of the system. [1:07:37] Are we going above and beyond? [1:07:39] Are we adding more protection than what province requires [1:07:43] in this official plan? [1:07:46] - Through Your Worship, [1:07:48] I'm going to refer that question to staff. [1:07:53] - Ms. Goerz? [1:07:54] - Through the Mayor. [1:07:56] So we do have kind of two components [1:07:58] of the natural heritage system. [1:07:59] So the first piece is the significant [1:08:02] natural heritage features designation. [1:08:04] That reflects what's included [1:08:06] in the provincial planning statement. [1:08:08] Then we have the kind of other component overlay, [1:08:12] and that is [1:08:17] In addition to the features identified [1:08:19] in the provincial planning statement, [1:08:21] However, the provincial planning statement does, [1:08:24] in the definition of a natural heritage system, [1:08:27] refer to linkages, buffers, [1:08:30] kind of other components that can be included. [1:08:33] And then it does refer to municipal approaches that [1:08:38] achieve or exceed the same objectives can be applied. [1:08:41] So we have taken kind of a hybrid approach [1:08:45] between the provincial planning statement [1:08:47] and the region's official plan, [1:08:50] and have taken some of these kind of other components [1:08:55] and provided some flexibility for them [1:08:58] to allow for compensation opportunities, [1:09:00] which wasn't previously provided. [1:09:05] - Thank you. [1:09:07] - I think that does a great job on [1:09:09] this particular slide as well. [1:09:11] 85% of the way through, [1:09:12] we're almost there onto section seven [1:09:15] the necessary policies [1:09:16] with respect to transportation [1:09:17] and overall municipal infrastructure. [1:09:20] It will be important for Our Niagara Falls Plan, [1:09:23] as in every municipality, [1:09:24] to ensure that the road network is detailed and identified. [1:09:29] That plan itself includes the various road allowance [1:09:32] with site triangle requirements [1:09:33] and corridor design policies that overall guide [1:09:37] individual development proposals themselves [1:09:39] in the city's own master planning [1:09:41] and infrastructure design exercises. [1:09:45] This schedule five on the road network itself identifies [1:09:48] and aligns with your recently approved [1:09:50] transportation master plan. [1:09:52] And staff on the two projects [1:09:56] have been in consistent contact throughout [1:09:58] at least the work that I'm talking about today. [1:10:01] The province has also recommended [1:10:03] the identification of goods movement corridors [1:10:07] which is a term that does exist in provincial policy. [1:10:09] Generally speaking, those are your highways. [1:10:13] There are text-based recognitions for additional corridors [1:10:16] where the movement of goods, [1:10:17] open bracket, freight, closed bracket, [1:10:19] is a particularly important function of the route. [1:10:24] Again, pointing out that when it comes to overall design [1:10:28] the plan for roads within this city [1:10:30] is on a modified grid pattern. [1:10:32] We generally like our grids. [1:10:33] It requires movement, flexibility. [1:10:34] We totally understand that. [1:10:36] There is a hierarchy that is identified within the maps [1:10:39] and the policies as well, [1:10:40] all depending on the planned function of that corridor [1:10:43] from your international grid crossings [1:10:45] all the way down through to [1:10:47] those private individual roads [1:10:48] associated with common element development. [1:10:50] There are those few oddball lane ways [1:10:52] that do continue to exist in the community. [1:10:56] All this to say the relevant policies that staff require [1:10:59] to implement the transportation master plan [1:11:01] are included in this document, [1:11:03] and we provide appropriate reference [1:11:05] and deference to the transportation master plan. [1:11:07] So it will be assessed through those reviews as well. [1:11:10] And these sections also do include [1:11:12] the relevant transportation demand management policies [1:11:15] in order to unlock and future-proof [1:11:17] a variety of potential city programs that may help to, [1:11:21] including its hierarchy around [1:11:24] spines and its various ownership functions, [1:11:27] connectors and local routes, [1:11:29] as well as a significant rural network itself as well, [1:11:33] and incorporating and recognizing [1:11:35] those site-specific or area-specific plans and networks [1:11:41] that already exist in your policies. [1:11:44] Generally speaking, the policy framework that exists, [1:11:46] and once again, providing the appropriate deference [1:11:48] and incorporation to that master plan itself, [1:11:51] this is all about integrating active transportation [1:11:54] within those developments, within the community, [1:11:56] between communities, between adjacent communities. [1:12:00] Ensuring that the designs of those corridors is done [1:12:03] in a safe function, [1:12:05] in a multi-use function as well [1:12:06] with a comprehensive sidewalk network itself. [1:12:09] Noting of course that the continued [1:12:10] long-term implementation of that, [1:12:12] be it through donation, dedication, or direct purpose, [1:12:16] remains an ongoing and always task [1:12:19] when staff are doing its work. [1:12:20] And council does its work [1:12:22] through the various review of these plans, [1:12:24] infrastructure designs, budgets, [1:12:26] and development applications themselves. [1:12:30] We also provide for, in Our Niagara Falls Plan, [1:12:33] a fairly robust section eight [1:12:34] with respect to implementation. [1:12:36] It's generally required text [1:12:38] that implements and unlocks a variety of tools [1:12:40] to deliver on a land use planning vision in a municipality. [1:12:45] This includes the baseline recognition [1:12:47] of things like zoning bylaws [1:12:48] and temporary use bylaws [1:12:50] and community improvement plans, [1:12:51] but also some new, [1:12:53] I'm about to say new tools, [1:12:54] some other alternative tools [1:12:56] that can help to implement an overall vision [1:13:00] of which I'm going to have a little bit more [1:13:01] in a couple of slides. [1:13:05] One of those items is a comprehensive development plan. [1:13:08] These would be areas where, [1:13:12] in a few particular areas, generally speaking, [1:13:16] that is a single document that provides [1:13:17] for an overall vision spanning multiple properties [1:13:20] or multiple geographies. [1:13:23] When it comes to a settlement area boundary expansion, [1:13:25] the threshold that is proposed is 50 hectares [1:13:29] with the point being that slightly increased standards [1:13:34] would help account for non-developable lands [1:13:37] and will allow for some additional municipal flexibility [1:13:39] and discretion in terms of applying that tool [1:13:42] should those proposals come forward [1:13:43] as is landowners right now in Ontario. [1:13:48] Notwithstanding that threshold itself, [1:13:51] it will still be... [1:13:52] Even with that, it is anticipated and proposed [1:13:54] to be required for all boundary expansions [1:13:56] to ensure that we're providing for that, [1:13:58] the city is providing for that compatibility [1:14:00] and land use permissions and built form itself. [1:14:05] We do also provide for a baseline recognition [1:14:07] of secondary plans themselves. [1:14:09] I have a little bit more on that in a couple of slides. [1:14:12] We are also providing [1:14:13] for a comprehensive development plan functionality [1:14:16] within the settlement area itself [1:14:18] proposed on select sites only [1:14:20] where we have parcel fragmentation today. [1:14:22] And if redevelopment was to occur, [1:14:24] there should be increased consideration [1:14:26] of what's happening on the lots next door [1:14:27] to ensure that the whole of its totality [1:14:30] can eventually be redeveloped [1:14:31] and not necessarily free somebody out [1:14:33] in an inefficient fashion, [1:14:36] which would run counter to provincial interests and policy. [1:14:45] One of the changes that is in this draft from, [1:14:48] that's evolved throughout the draft as well is a recognition [1:14:50] to allow some existing land uses within those areas [1:14:54] for that tool that is proposed. [1:14:58] I'm sorry. I misspoke. [1:15:00] So we've actually received a request [1:15:02] to allow for some existing uses [1:15:04] within those particular areas themselves. [1:15:06] And the recommendation from staff [1:15:08] is to not support that request [1:15:10] noting that there would need to be [1:15:12] some very clear expectations [1:15:13] around what that scale of expansion could look like [1:15:15] and wanting to provide some [1:15:17] very direct clarity and certainty [1:15:19] with the process going forward, [1:15:20] which is for a comprehensive vision [1:15:22] for those sites in those areas. [1:15:27] We were anticipating some questions today [1:15:30] with respect to a study requirements [1:15:31] for complete applications. [1:15:33] We note that through Bill 98, [1:15:34] that the province is proposing [1:15:37] some changes that would standardize [1:15:39] the request for what could be requested [1:15:41] as part of complete applications in the province. [1:15:45] We continue to wait upon what that happens to look like. [1:15:50] There are some current local requirements [1:15:52] that don't appear captured [1:15:53] in the draft consultation materials [1:15:55] that have been released by the province, [1:15:56] and I trust that staff is doing what they need to do [1:15:59] both here and in other municipalities [1:16:01] to ensure that that feedback [1:16:02] is being reflected in the provincial work. [1:16:05] Because that work is not yet finalized, [1:16:08] it will be very important that [1:16:10] Our Niagara Falls Plan includes [1:16:12] policy direction in this regard. [1:16:15] The provincial expectation is that it doesn't add new items. [1:16:18] And in receiving provincial comments, [1:16:21] they did ask for a couple of new items. [1:16:23] So, on one hand, don't do new stuff. [1:16:26] On the other hand, we think they should do two new things. [1:16:29] Don't worry about it. [1:16:29] Staff and the consulting team [1:16:30] will take care of navigating that [1:16:33] through the finalization process. [1:16:36] So that brings us to the end of the first part [1:16:38] of Our Niagara Falls Plan. [1:16:39] There is a second part that is proposed, [1:16:41] which would contain the detailed policies [1:16:44] for specific areas or on a site-specific basis. [1:16:47] Despite any and all land use planner's [1:16:50] best attempt to try and get rid of [1:16:51] as much of that old stuff as is possible, [1:16:53] sometimes it's just not entirely the case [1:16:55] that it can be done. [1:16:56] And so schedule four consolidates [1:16:59] all of those individual areas [1:17:00] into a single location for ease of reference, [1:17:05] of which we have a few recognitions. [1:17:07] One of those remains the existing secondary plans, [1:17:12] which are proposed to be rebranded as area plans. [1:17:16] The general summary is that if those policies [1:17:18] within the existing secondary plans [1:17:20] are already captured or otherwise [1:17:22] better reflected in the main heft of part one [1:17:24] that I've already gone through in this presentation today, [1:17:27] it doesn't need to be repeated in this second part itself. [1:17:30] The end result is that the extent of the text [1:17:33] that's necessary to continue [1:17:34] to implement existing secondary plans [1:17:36] can become a lot smaller [1:17:38] as staff can rely on the main official plan [1:17:40] to provide the overall policy analysis and heft there. [1:17:45] Some of those existing, [1:17:47] those community development plan areas [1:17:50] that I spoke about in an urban context are shown in green, [1:17:53] and they are identified in the text as well. [1:17:57] The individual one-offs [1:17:59] on those site-specific basis [1:18:00] are identified by an individual number [1:18:02] and are captured in a part within the main policy [1:18:05] within the main text of part two itself [1:18:08] noting that we're able to streamline away [1:18:10] a number of those site specific policies today [1:18:12] because the developments have already been built [1:18:14] and are otherwise captured [1:18:16] and reflected through existing permissions. [1:18:19] With respect to ministerial zoning orders, [1:18:21] we merely recognize and acknowledge their existence. [1:18:24] Those provincial approvals that have been granted [1:18:25] are outside of the city's purview at this time. [1:18:32] And there is not much that we can do [1:18:33] about the existence of those provincial approvals, [1:18:36] noting that the city was also active participants [1:18:38] in the process for both of those. [1:18:42] We also provide for a home in this section [1:18:44] for future secondary plans [1:18:45] and reiterating one of my points earlier on. [1:18:48] Those separate processes and land use planning issues [1:18:51] with respect to those process, those geographic areas [1:18:55] are being handled through those processes themselves [1:18:57] and will come before council for decisions [1:19:00] through those project workflows themselves. [1:19:04] No official plan would be complete without [1:19:07] a series of maps, [1:19:09] and we also have some appendices tied to them as well. [1:19:12] A schedule fancy talk for map or detailed text. [1:19:17] Those are statutory elements. [1:19:18] They are operative. [1:19:19] They're heavily relied upon [1:19:22] in order to provide for the interpretive route to, [1:19:25] the interpretive route to implement Our Niagara Falls Plan [1:19:28] and the current city official plan for that matter. [1:19:31] I believe almost every single one of those maps [1:19:34] found their way into the slide deck today. [1:19:37] And we also can propose including some appendices [1:19:40] which are designed to be non-statutory elements [1:19:43] that provides for some flexibility downstream [1:19:46] for providing updates and edits. [1:19:48] They are generally here to support [1:19:50] or explain the intent of policies [1:19:52] with some additional criteria, [1:19:53] those additional criteria that may come forward. [1:19:56] This includes definitions, [1:19:59] the location of natural hazard themselves, [1:20:01] the criteria that are associated [1:20:02] with the natural heritage features, [1:20:04] a cultural heritage resources map, [1:20:06] design guidelines from a variety [1:20:08] of existing geographic areas, [1:20:10] proposed infrastructure capacity, [1:20:12] allocation protocol, [1:20:13] and an illustration of the application [1:20:16] of building height policies across the city. [1:20:19] And we did it, 61 of 61. [1:20:22] So in terms of next steps [1:20:25] in completing the official plan project itself, [1:20:29] you've heard from staff that it [1:20:31] remains the intent to bring forward [1:20:32] a recommendation report to an August 11th meeting. [1:20:37] The recommendation would be for council to adopt that plan [1:20:39] and some various incidentals associated with it. [1:20:43] What happens there is [1:20:45] a little bit of back of house paperwork and administration [1:20:47] that are done by staff and the consulting team [1:20:49] to bundle up the Our Niagara Falls Plan [1:20:52] and the project record off to the province for its approval. [1:20:58] As noted in the introduction by Ms. Corbett, [1:21:01] one of the changes in provincial legislation [1:21:03] is that our Niagara Falls Plan [1:21:04] will go to the province for its approval. [1:21:07] It does not go to the region of Niagara any longer. [1:21:10] They do not have planning responsibilities. [1:21:13] Upon that provincial approval, [1:21:15] the existing city official plan [1:21:17] and the regional plan as it exists [1:21:19] and applies within the city of Niagara, [1:21:20] would it be officially rescinded? [1:21:22] And there is one official plan going forward. [1:21:25] So thank you for letting me walk you through this document. [1:21:29] I turn it back to Your Worship [1:21:31] for any questions you may have of the team. [1:21:33] - Thank you, Mr. Nethery, appreciate that. [1:21:35] So I've got Councilor Lococo then Pietrangelo [1:21:39] - Thank you, Mr. Mayor. [1:21:39] Thank you, Mr. Nethery. [1:21:42] I do have some questions based on the actual official plan. [1:21:45] I prepared that before this presentation was put on, [1:21:48] so I have some very specific questions. [1:21:51] Regarding the phasing in the official plan, [1:21:54] it says that there's a time limit [1:21:56] for approvals that the city [1:21:58] can manage our infrastructure allocation. [1:22:00] I have spoke with staff, [1:22:01] but these are some comments that [1:22:03] I would like put in the public meeting [1:22:05] because people are asking about them. [1:22:07] So if a developer is not on track [1:22:10] and the city removes the allocation [1:22:12] for the infrastructure that we were going to work with them, [1:22:15] is there any liability towards the city [1:22:19] or is there any [1:22:23] effect on the budget that might affect the taxpayers [1:22:26] if we are allowed to remove infrastructure allocation? [1:22:31] - So I don't know. [1:22:32] We'll go to Ms. Dolch. [1:22:34] - Thank you, Your Worship. [1:22:35] So the infrastructure allocation [1:22:38] there's obviously a specific policy. [1:22:41] And it provides general guidance [1:22:43] if you're out of phase or things like that. [1:22:46] And the reason we do that is because, [1:22:48] obviously, as we prepare [1:22:50] our development charge background study [1:22:52] and all the other things that feed into [1:22:54] how we're going to proceed with servicing, [1:22:57] it kind of lays out the path [1:22:58] and where we're going to go next. [1:23:00] And we want to make sure with this allocation policy that, [1:23:05] if there's some commitment or, sorry, in the phasing policy, [1:23:08] if there's some commitment for phasing, [1:23:12] we want to understand. [1:23:13] It's based on the DC schedule. [1:23:14] We can modify and Mr. Nickel can attest this. [1:23:19] Projects move around all the time, [1:23:21] depending on who's coming in, what's happening, [1:23:24] who comes first, who comes second. [1:23:26] But we always have to keep in mind that budget. [1:23:28] So I don't think there's any liability. [1:23:29] It's just making sure that [1:23:32] if you're going to go out of phase, [1:23:33] how's it going to be done? [1:23:34] Who's going to fund it? [1:23:36] Where's the money coming from? [1:23:37] All those things that we need to look for [1:23:39] have to be considered. [1:23:41] - Great. Thank you. [1:23:43] A lot of people are concerned [1:23:44] where vacation rental units are. [1:23:46] In the past, we've had them in commercial designations. [1:23:49] And now under this official plan, [1:23:51] they've been moved to mixed-use 2, [1:23:53] Queen Street downtown mixed-use [1:23:54] in an entertainment district. [1:23:57] I have talked with staff about providing a map, [1:23:59] what commercial designation was before, [1:24:02] and what the three new designations are. [1:24:04] People are wondering if there's more opportunities [1:24:07] for vacation rentals. [1:24:08] So if we can have that at our next meeting or before, [1:24:11] that would be very much appreciated. [1:24:14] - [Jim] Did you want to deal with that? [1:24:15] Yeah. [1:24:15] - Thank you, Your Worship. [1:24:17] Yes, we can work on that. [1:24:18] It takes us a little bit of time. [1:24:20] We do have, just for people's awareness, [1:24:22] on our website, on our Let's Talk page, [1:24:25] the slider tool, [1:24:26] which shows you what it was before and what it is now. [1:24:30] So a great example is the mixed-use 2. [1:24:32] There is more mixed-use 2 on our new official plan [1:24:36] versus what was in tourist commercial before. [1:24:39] They may have been residential before, now mixed-use 2. [1:24:42] So you'll see some additional lands added for VRUs for sure. [1:24:47] - That might be good for some people who want VRUs, [1:24:49] and that might not be good [1:24:50] for people who don't want the VRUs next door. [1:24:53] Thank you. [1:24:56] In the housing, it talks about innovative [1:24:59] housing types and tenures, [1:25:00] co-housing, communal housing, life lease housing. [1:25:03] Would this include things like container homes, tiny homes? [1:25:07] And could you please explain what co-housing is [1:25:10] and what plans do we have for this? [1:25:12] I've already talked to Ms. Dolch about it, [1:25:13] but I don't know who would like to speak to this. [1:25:19] - Giving Joe a break. [1:25:22] I'll take this one on a little bit. [1:25:24] Innovative forms of housing are [1:25:27] focused kind of mostly on tenure, [1:25:30] how people live together. [1:25:32] Co-housing is a good example [1:25:34] where a group of people get together [1:25:36] and perhaps buy a big house [1:25:39] and decide to live communally together [1:25:42] without any legal separation [1:25:46] in between the individual living spaces. [1:25:49] That's what co-housing is. [1:25:52] Most of the other ones are difficult mostly because [1:25:55] they're not recognized yet by the federal government as [1:26:00] something that they can borrow against. [1:26:03] So it's a bit complicated. [1:26:05] In terms of other forms of housing, container housings, [1:26:11] that would require a specific statement, I think. [1:26:16] Because a form of housing can have an impact [1:26:19] on the neighborhood within which it is. [1:26:21] Tiny housing, which is an interesting one. [1:26:24] In my opinion, there's nothing that precludes it today. [1:26:31] It's just a house that is small. [1:26:35] So it's very interesting to start thinking about [1:26:38] quonset huts and containers and so on. [1:26:41] Those are built forms that are different. [1:26:45] Whether the house is big or small doesn't matter. [1:26:48] And then the tenure of the housing, [1:26:49] how people choose to share the cost [1:26:52] or how the building is subdivided, [1:26:56] that's a whole other conversation. [1:26:58] But in general, the municipality should not be too concerned [1:27:03] about various tenure arrangements [1:27:06] because we're focused on compatibility with built form. [1:27:11] - Okay. - Does that help? [1:27:12] - It does, and it leads into my next question. [1:27:14] So maybe if you'd stay there through the Mayor. [1:27:18] Talking about co-housing, [1:27:19] I've heard the term co-sharing, [1:27:21] so I think it's the same thing. [1:27:22] It's something that we need to look at. [1:27:24] In the plan, it talks about additional need housing, [1:27:27] and it really drew my attention [1:27:29] because it says small scale, eight beds or less, [1:27:32] or large scales, eight plus beds. [1:27:34] And I was thinking about [1:27:35] a home with eight beds and division. [1:27:38] And when I spoke to Ms. Dolch, [1:27:39] that's not really what it is. [1:27:41] It's long-term care homes. [1:27:42] It's residential, group homes, [1:27:44] respite cares, emergency housing, all of that. [1:27:47] The concern though, here in Niagara Falls, [1:27:49] what we've had happen quite often [1:27:51] is we might have 12, 15 people [1:27:54] living in one single detached home. [1:27:57] And you talked about community housing. [1:27:59] How does that relate to maybe the challenges [1:28:02] that we're having now with multiple people living in a home [1:28:06] that's maybe there's some fire safety, [1:28:07] there's some health concerns, there's garbage concerns, [1:28:10] there's parking concerns. [1:28:11] Will that be addressed at that time? [1:28:14] Because the community housing... [1:28:16] I know we need housing and I know we need different forms, [1:28:19] but maybe we also need some licensing [1:28:21] or safety checks and that sort of thing. [1:28:25] - Through you, Mr. Mayor, [1:28:26] I'll start and you can finish. [1:28:28] Additional needs housing is a defined term [1:28:31] from the province. [1:28:32] And Ms. Dolch is correct. [1:28:35] It is usually aged care [1:28:41] and those kinds of institutional forms of housing [1:28:44] that are intended to help people find housing [1:28:48] that meets their needs, additional needs. [1:28:52] I would suggest you have a look at [1:28:54] the definition in the provincial planning statement. [1:28:56] That would be very helpful. [1:28:58] I've never written an official plan [1:29:00] where the list of additional needs housing [1:29:02] captures everything that people think [1:29:05] is additional needs housing. [1:29:08] Nonetheless, we make efforts to do so. [1:29:12] In terms of the communal living, [1:29:15] it's very difficult in the planning world [1:29:19] to regulate the occupancy of a house. [1:29:23] It would be seen as discriminatory. [1:29:26] We can't regulate the number of people in a house, [1:29:30] how they're related or not. [1:29:32] Those are not planning matters. [1:29:34] However, there are many instances, [1:29:37] and it does go a bit to municipal licensing, [1:29:41] where it's simply not safe. [1:29:44] Fire code, building code issues, [1:29:47] where there are too many people living in too small a space, [1:29:51] including people living in a garage. [1:29:56] This has come up a fair bit in college and University towns [1:30:02] where landlords are putting [1:30:05] 12 people in a three-bedroom house. [1:30:09] That is better dealt with through [1:30:12] in one place in Kitchener, Waterloo. [1:30:14] We looked at a SWAT team of building code, fire code, [1:30:20] and municipal planning together to try and make sure [1:30:23] that the housing arrangements are safe, [1:30:27] and that is a licensing approach [1:30:30] where the landlords would have to agree to be licensed [1:30:35] with the intent that we would hope [1:30:37] that they would be ethical and concerned [1:30:40] about the health and safety of their residents. [1:30:43] I don't know what you do in Niagara Falls, [1:30:46] but, again, a complicated question [1:30:49] with a lot of different approaches. [1:30:54] Okay. Thank you. - Ms. Dolch, [1:30:55] did you want to add to that at all? [1:30:57] - I'll just add brief... [1:30:58] Thank you, Your Worship. I'll just add briefly then. [1:31:00] Obviously, the problems we're having now, [1:31:03] we'll look at that through the licensing program. [1:31:07] And what we'll do is obviously we have AMP systems [1:31:10] and other things we can start to look at [1:31:11] for fining and other things [1:31:13] to make sure we get some compliance, [1:31:14] similar to what we've done with the VRU program. [1:31:17] And that's been a really big success with Mr. Gallagher. [1:31:21] So I think that's something we'll start to look at [1:31:23] in the new year. [1:31:24] And I know I will bring you back something in the new year [1:31:27] on lodging houses. [1:31:29] - Great. Thank you. [1:31:30] I know there's a lot of terms out there, [1:31:31] rooming houses, boarding houses, lodging houses, [1:31:33] and we've had complaints, [1:31:34] and what we have now sometimes doesn't address it. [1:31:37] So I think it's a good opportunity to move forward. [1:31:40] In the plan, it talks about inclusionary zoning [1:31:43] in major transit areas. [1:31:45] Have we considered inclusionary zoning [1:31:47] in the downtown major transit area? [1:31:52] - Thank you, Your Worship. [1:31:55] So in this policy, in our policies in the official plan, [1:31:58] we've left it pretty vague in terms of inclusionary zoning. [1:32:02] We want to just make sure we can consider it [1:32:03] should council wish to do so in the future. [1:32:06] So it's kind of in there as a placeholder, [1:32:09] but it would be separate study to look at that. [1:32:11] Come back to council for consideration [1:32:13] if that's something council would like to do. [1:32:15] - Great. Thank you. [1:32:16] Just a few more questions. [1:32:18] The next one is about parking policies. [1:32:21] I know, in part of it, [1:32:22] it says that there's no minimum parking requirements [1:32:25] for motor vehicles. [1:32:26] And the concern is that this is not necessarily [1:32:29] the reality for a lot of people. [1:32:31] Niagara Falls is very large. [1:32:32] It's hard to get around on public transit [1:32:34] or bicycles or motorized vehicles. [1:32:39] The zoning will establish minimum bicycle and micromobility. [1:32:44] Is that an e-scooter? [1:32:45] What is micro-mobility? [1:32:49] - [Jim] Ms. Dolch. [1:32:51] - Thank you, Your Worship. [1:32:52] I'll take this one. [1:32:54] So yeah, it can be all of those, [1:32:56] like an e-scooter, an e-bike, micro-mobility type of device. [1:33:01] So in terms of the policies, [1:33:04] the parking policies though, [1:33:05] those are provincially regulated. [1:33:06] So we can't require parking [1:33:10] in the PTMSA, the transit station area. [1:33:17] Obviously, all we can do is kind of monitor the situation, [1:33:21] but most developers do their market research. [1:33:25] As I explained to you yesterday, [1:33:26] they do their market research to see [1:33:28] what they're going to need for parking [1:33:29] because if the end user needs the parking, [1:33:33] they will demand it as part of a sale. [1:33:35] So a lot of them do still provide parking. [1:33:38] A great example is our Park Street project. [1:33:39] They don't have to provide parking, [1:33:41] but they are because they know the market [1:33:43] is there to provide that parking. [1:33:44] Maybe not what we would have expected [1:33:47] in other areas of the city, [1:33:48] but they do know that parking will be required. [1:33:50] So I think all we can do is monitor, [1:33:53] see the situation unfold. [1:33:55] - Okay, thank you. [1:33:56] I know it's a provincial regulation [1:33:59] that it's minimized. [1:34:00] But some of the challenges that we're seeing right now [1:34:03] over the last week, it's been on the news about e-scooters [1:34:06] and people without insurance, and safety, and helmets, [1:34:10] and the chaos on sidewalks, on streets. [1:34:14] So I'm just concerned that if we don't have the parking [1:34:17] and we look towards e-scooters, [1:34:19] and that's a provincially regulated thing as well, [1:34:22] how are we going to work through that? [1:34:24] So I just want to put that out there that [1:34:25] that could be a challenge 'cause it's a challenge right now. [1:34:29] The other thing on parking I wanted to talk about, [1:34:31] it talks in here [1:34:34] if there's no minimum parking on Queen Street, [1:34:37] will the city be responsible to provide a parking structure, [1:34:40] and will that be on the taxpayers [1:34:44] to provide that parking structure? [1:34:47] - I don't know if Mr. Burgess, [1:34:49] if you wanted to address the, or did you want to do it? [1:34:50] Okay. [1:34:51] Okay, we'll go to Ms. Dolch. [1:34:54] - Thank you, Your Worship. [1:34:54] So I'll start, and if Mr. Burgess wants to jump in, [1:34:57] but again, there's no minimum parking requirements. [1:35:00] We'll watch it unfold, [1:35:01] obviously, if there's a parking demand issue long term, [1:35:06] but we do have to remember, [1:35:07] we do have the GO Station here. [1:35:09] Hopefully we're going to get better. [1:35:10] You see the transportation planning system that [1:35:14] both Municipal Works has been working on, [1:35:16] active transportation, all those things. [1:35:19] In a lot of municipalities, maybe not Niagara Falls yet, [1:35:22] but in a lot of municipalities [1:35:23] in the states and other places, [1:35:25] they're actually getting rid of a lot of parking now, [1:35:27] and it's going to more curbside. [1:35:30] So there's a lot of interest in curbside [1:35:31] because of Ubers, Lyfts, all the other things [1:35:34] that people are now getting around with. [1:35:36] So I think we'll watch it unfold. [1:35:39] If obviously there's a demand, [1:35:41] there may come a request to do something like that [1:35:44] or add additional surface parking in the city, [1:35:46] but I really don't think it'll come to that. [1:35:48] A lot of the younger people don't necessarily want to drive. [1:35:52] They actually want to use Uber. [1:35:54] They can't afford the insurance nor the car. [1:35:56] So I think we just need to watch it unfold and see, [1:35:59] but I'm not convinced that we would have to build [1:36:02] something at this point in time. [1:36:04] - Okay. Thank you. [1:36:05] In addition to that, it did say that [1:36:07] there's payment in lieu for a developer. [1:36:09] If there's an exemption of parking, [1:36:11] we can give them an exemption and the money that we get. [1:36:15] What kind of money are we talking about for that exemption? [1:36:17] Would that money be used to provide a parking structure [1:36:20] or where does that money go to? [1:36:24] - Thank you, Your Worship. [1:36:24] So that's just a policy that's something we can consider [1:36:28] in terms of a payment in cash-in-lieu. [1:36:30] And so we can consider that. [1:36:31] So a lot of times what'll happen is we'll [1:36:34] give a value in that policy of how much [1:36:36] for a parking spot would be in lieu of a parking spot. [1:36:40] And then it would go into a bank of funds [1:36:43] that eventually we would either acquire land [1:36:45] to build the surface parking [1:36:47] or a parking structure or things like that, [1:36:49] but it would accumulate. [1:36:51] And usually it's based on the standard, [1:36:53] and they may reduce it a bit, [1:36:54] and then they pay for so many spots in cash-in-lieu. [1:36:57] It happens in a number of municipalities across Ontario. [1:36:59] - Thank you. [1:37:01] On page 304 and 305, there's the maps [1:37:04] for the riverfront in the Grand Niagara. [1:37:08] There's two sections there about [1:37:10] woodland removal and wetland removal, [1:37:13] and I'm just wondering [1:37:14] why they're specifically on those maps. [1:37:16] I know they're specialized areas, [1:37:18] but why are they on there if we've already approved it [1:37:22] or is that something that has to [1:37:24] come back about the removal? [1:37:25] How is that working? [1:37:28] - Dolch? - Thank you, Your Worship. [1:37:29] So this was carried over right from the riverfront [1:37:32] secondary plan policy. [1:37:33] So we haven't changed a thing. [1:37:35] We've left everything the way it is. [1:37:38] Those removals do have caveats to them [1:37:40] if you actually look at the policies. [1:37:41] So the policies do say [1:37:42] there's further study and work to be done. [1:37:45] So that's why the map is there. [1:37:46] So we've kept everything the same. [1:37:48] The policies are still the same. [1:37:49] So, so they do still have to do [1:37:51] additional work for those removals. [1:37:53] - Final question, and then I'll have some comments later. [1:37:58] So Bill 98, we touched on it a little bit, [1:38:00] but my understanding of bill 98 is, [1:38:02] as of January 1st, 2028, [1:38:05] 29 large municipalities [1:38:07] are going to have standardized official plans. [1:38:09] And then after that, [1:38:10] all of the other 444 municipalities [1:38:13] will have standardized ones on January 1st, 2029. [1:38:17] The province is saying it's supposed to make it [1:38:19] simpler and easier, more consistent, more permissive. [1:38:22] The goal is to encourage housing [1:38:24] and to reduce the process of delays in approval. [1:38:29] I have concerns about this cookie cutter approach. [1:38:32] Mississauga has a very different character [1:38:34] than Niagara Falls does [1:38:35] than maybe a 10,000 resident city. [1:38:38] So we have different goals and land uses, [1:38:42] different commercial. [1:38:43] We have tourism. [1:38:44] If we go to a standardized policy on January 1st of 2028, [1:38:49] what does that do to all of the work [1:38:51] and the policies that are in this plan? [1:38:54] How standardized is it going to be [1:38:56] and how different will it be [1:38:57] than the one we're about to approve? [1:39:00] - [Jim] Ms. Dolch. [1:39:02] - Thank you, Your Worship. [1:39:02] So we did look at that [1:39:05] and the consultants did consider that. [1:39:07] We considered whether or not we start to go down that path. [1:39:10] We talked to the province, but again, it's not yet approved. [1:39:12] So we don't want to. [1:39:14] We didn't want to go down that path too early, [1:39:16] and it not be approved the way it's been proposed. [1:39:20] So we're going to have to do some work [1:39:22] after this official plan's approved, [1:39:23] if it does get approved, obviously, before that time. [1:39:26] In terms of our commenting to the province on the bill, [1:39:30] we did raise concerns about the tourism [1:39:33] 'cause we are unique, [1:39:34] especially we have an entertainment district. [1:39:37] They won't have that. [1:39:37] They'll just have commercial. [1:39:38] So we wanted to kind of have them recognize [1:39:42] that we do have certain tourism districts. [1:39:44] Whether or not they make that change, I don't know. [1:39:46] So all we can do is wait and see what comes out [1:39:48] and what the province approves in the end, [1:39:50] and then we'll have to follow suit [1:39:53] to adhere to that and make some changes [1:39:55] once that's approved. [1:39:56] - Will there be a lot of changes based on what you've heard [1:39:59] compared to what we have now in this one? [1:40:03] - Through the Worship, through the council. [1:40:05] I think there'll be some work, definitely, [1:40:08] but I think we can make it work. [1:40:11] And I think Joe wants to speak to it as well. [1:40:13] Mr. Nethery, sorry. [1:40:16] - That's all right. [1:40:17] Through you, Your Worship. [1:40:20] This is the decision, the recommendation [1:40:22] that staff and the project team [1:40:23] are making for this assignment. [1:40:26] There are other municipalities that are undertaking [1:40:28] official plan reviews right now, [1:40:29] and they are moving toward the provincial standard layout. [1:40:33] And I don't want to mislead or kid ourselves here. [1:40:37] The province is going to go in that direction. [1:40:39] We don't know what it looks like. [1:40:40] It will happen, [1:40:41] and there will be an expectation [1:40:43] that all municipalities follow. [1:40:47] On those other projects that I'm working on, [1:40:50] the work that was undertaken is a reordering exercise. [1:40:53] So rather than policy 4.3 being where the, [1:40:57] or 4.5 is where our brownfield policies are, [1:41:00] it finds its way into 7.2 or something like that. [1:41:05] So I would submit the baseline expectation would likely be [1:41:08] a reshuffling at that point. [1:41:11] You don't have to worry about that again [1:41:12] according to the regulation. [1:41:14] We're looking at 2028 as being the point [1:41:16] where the next exercise would have to consider that. [1:41:19] And 20 bucks says that there would probably be appetite [1:41:22] on staff's part to look at a particular policy issue [1:41:26] or something else at that point. [1:41:28] All things that you can deal with at the next review. [1:41:30] The baseline, reordering. [1:41:33] - Thank you very much, [1:41:34] and I'll have some comments later on. [1:41:36] - Okay, Councilor Pietrangelo, then Nieuwesteeg. [1:41:39] - Yeah, thanks, Your Worship. [1:41:40] I just wanted to make a comment in terms of next steps. [1:41:42] I know I talked to yourself. [1:41:44] I talked to Ms. Dolch as well before the meeting. [1:41:47] I'll just speak for myself personally. [1:41:48] I think I would benefit from an extra session with staff. [1:41:52] In camera would be great [1:41:54] if we could organize something like that. [1:41:55] And if other council members want to join as well, [1:41:58] I just think that it would be nice to see both plans, [1:42:01] like the official plan that we have in place now, [1:42:04] and the new official plan [1:42:06] and kind of compare them side by side, [1:42:07] understand the fundamentals of the old one [1:42:10] as opposed to the fundamentals of this one. [1:42:12] There's a lot of reading that's here. [1:42:13] I mean, our plan is over 450 pages. [1:42:16] The comments were 450 pages or more. [1:42:19] So it's a lot for us to digest. [1:42:20] I think it would be good to have a session with staff [1:42:23] and the consultants as well. [1:42:24] And I'm not sure when you can schedule it. [1:42:27] I don't want to really make that target disappear. [1:42:31] I know staff have that big target of August 11th. [1:42:33] They got to get this done. [1:42:34] So if it's sometime in between now and then, [1:42:37] that would be great, Your Worship. [1:42:38] I'll make myself available. [1:42:40] - So we can address that. [1:42:41] We're looking tentatively at a week today. [1:42:45] Next Tuesday, that would be the fourth, I believe. [1:42:47] And it would be from three o'clock, was it? [1:42:51] - [Speaker] May we suggested 2:00 to 5:00. [1:42:53] - 2:00 till 5:00. [1:42:54] It was suggested two till five. [1:42:56] - Perfect. - Does that work? [1:42:58] - Ms. Clerk are we going to need to make a motion [1:43:00] to do just that? [1:43:02] - Yes. [1:43:03] - Okay, so we'll do that at a later point, like after this. [1:43:07] Yes. [1:43:08] Lead us. [1:43:09] - Lead us. [1:43:11] Through you, Mr. Mayor, [1:43:12] a resolution from what I understand from this discussion [1:43:16] is that there's a request from Councilor Pietrangelo [1:43:19] to have further education to be held [1:43:22] in camera from what I gather. [1:43:24] A resolution can be formatted, presented [1:43:27] as we don't have necessarily one completed at this time. [1:43:30] But perhaps once we're done, [1:43:31] the public, the public meeting, we can add that. [1:43:35] We'll do a procedural, [1:43:37] waiving of the procedural bylaw to have that added [1:43:39] and go through those steps. [1:43:41] - Good, so we'll do that after the public meeting [1:43:43] that we're currently doing. [1:43:44] Perfect, any questions specific to the OP? [1:43:48] Okay. Councillor Nieuwesteeg. [1:43:51] - Thank you, Your Mayor. [1:43:52] And actually, I'd like to agree with Councillor Pietrangelo. [1:43:56] This is such an important piece for our city. [1:43:58] It's a visioning strategy. [1:44:00] It's how we live and what our city's going to look like. [1:44:02] So I think as much time as we can spend on it [1:44:06] is very prudent. [1:44:08] I as well have a few questions. [1:44:09] So I'm not sure where I start, [1:44:12] but I do want to say thank you very much to staff [1:44:14] for this amazing amount of work. [1:44:17] Everything is so connected, so considered. [1:44:20] It's really an impressive document. [1:44:24] My first question relates to growth and cost. [1:44:28] We're estimating a significant amount of growth by 2051, [1:44:31] roughly an additional 50,000 people, 20,000 homes, [1:44:34] I think 17, 18,000 new jobs. [1:44:38] What is the estimated total cost that the city will [1:44:43] have to accommodate for this growth? [1:44:44] We'll need to invest in new roads [1:44:46] and everything that was explained today. [1:44:48] Water, wastewater, transit, transportation master plan. [1:44:51] In other words is there a breakeven point [1:44:55] where cost and growth kind of where we end up saying [1:44:59] growth is just going to cost us way too much, [1:45:01] we can't afford the growth, [1:45:02] or growth will help us maintain everything? [1:45:06] I don't know the answer to that question. [1:45:08] But if you're in business, you're always saying, [1:45:10] "Well, how much do you invest [1:45:12] to make your breakeven and do well?" [1:45:15] Or does too much growth end up disabling everyone? [1:45:19] - [Jim] So will growth pay for the growth? [1:45:23] - Or really a cost of growth, yes. [1:45:25] - Yes. [1:45:26] Thank you, Your Worship. [1:45:27] So, I guess, I can only answer it depends. [1:45:33] So in some scenarios, obviously, [1:45:36] our development charges are built [1:45:38] for growth pays for growth, right? [1:45:39] In terms of certain projects that we allocate [1:45:42] usually are growth related projects. [1:45:45] So we try to have growth pay for growth. [1:45:48] But your larger question is, [1:45:51] does that growth ultimately break even [1:45:55] on what we're going to get in? [1:45:57] It depends on the growth. [1:45:58] So as you can see with our new official plan, [1:46:01] we have areas of strategic growth. [1:46:04] We have areas of intensification. [1:46:07] And the reason we went with that path [1:46:10] is because those areas, if you intensify, [1:46:14] if you increase density, [1:46:16] all those things start to help the city's bottom line [1:46:19] because we're adding more people on less servicing. [1:46:22] If we continue to sprawl, obviously, [1:46:26] you will see an impact [1:46:27] in terms of the balance being outweighed. [1:46:30] So it's not to say though we never want to see [1:46:32] another single detached dwelling or anything like that. [1:46:35] It needs to be balanced in order to offset [1:46:38] those that you subsidize, [1:46:39] for example, a cul-de-sac, [1:46:41] and those that don't need the subsidy [1:46:43] like a larger apartment, right? [1:46:45] Because what they pay in taxes [1:46:48] and all the other things are being, [1:46:51] there's more of them to pay for a very small piece of pipe. [1:46:54] So that's why I'm saying growth, [1:46:55] it doesn't necessarily always pay for growth, [1:46:57] and I think Ron would like to speak as well. [1:47:00] - Yes, through you, Mr.- - Palmer. [1:47:03] - Absolutely correct. [1:47:05] The philosophy of growth management in Ontario [1:47:09] is that growth pays for growth. [1:47:12] We're given a number of mechanisms to do that, [1:47:16] and the first one is the official plan. [1:47:18] The official plan sets the expectation [1:47:22] of how much growth will happen [1:47:25] and generally where and what kind. [1:47:29] So that's an important first step. [1:47:33] Then the municipality needs to consider [1:47:35] how are we going to pay for the... [1:47:37] What infrastructure do we need [1:47:39] and how is that going to be paid for? [1:47:42] And that results in a development charge. [1:47:45] And the idea is that the development charge [1:47:48] pays for the major infrastructure requirements [1:47:52] of all of that growth probably phased over time. [1:47:58] Municipality also has a couple of other mechanisms [1:48:01] that are part of growth management. [1:48:05] The first one is the parkland dedication bylaw, [1:48:07] which is intended to generate the necessary parkland [1:48:12] that will service new development. [1:48:17] And thirdly, the community benefits charge, [1:48:20] which is intended to talk about how community facilities [1:48:25] and other elements of what makes a municipality great [1:48:30] will be paid for. [1:48:32] All of those things working together are intended to ensure [1:48:37] that growth pays for growth. [1:48:39] - And to that point, through you, Mr. Mayor, [1:48:42] at that point, so it comes to a point where [1:48:44] we're expecting developers to pay for this. [1:48:46] And yet at the same time, [1:48:47] we have this 40% mandate of [1:48:50] having affordable and attainable housing. [1:48:52] Do you see a point where it's going to get [1:48:55] that we're not going to see the development [1:48:57] and we're not going to reach this growth of [1:49:01] 141,000 by the year 2051? [1:49:04] Because it's a balancing act here, [1:49:05] especially when there's such... [1:49:08] Unless there's some miracle to always fund these [1:49:15] 40% attainable and affordable dwellings. [1:49:18] - Through Mr. Mayor, excellent question. [1:49:24] What is the impact of development charges, [1:49:27] parkland dedication, [1:49:28] and community benefits charges [1:49:30] on the objective of achieving [1:49:33] attainable and affordable housing? [1:49:36] I don't think that the numbers stop development. [1:49:40] If there is demand, development will happen. [1:49:43] That will go up and down over the next 25 years, [1:49:47] but I don't think it would ever stop development. [1:49:51] The desire to achieve 40% attainable and affordable [1:49:56] may require the municipality consider [1:50:01] adjustments to development charges, [1:50:04] parkland dedication, community benefits [1:50:07] much like the federal government has done [1:50:10] in terms of providing some relief to development charges. [1:50:15] So it's a big package. [1:50:16] The word you said that is the most important is balance. [1:50:22] And you will have the opportunity to consider balance [1:50:27] all the way through your development approval processes. [1:50:30] And remember, the official plan is not the end of the day. [1:50:34] There's still multiple approval processes to go through [1:50:39] and a lot of work to do. [1:50:40] Some of it needs to be done by the municipality, [1:50:43] and some of it needs to be done [1:50:45] by the development community. [1:50:47] We don't have every answer to every question. [1:50:49] - I understand that. [1:50:50] And to your point, again, through you, Mr. Mayor, [1:50:52] when you speak of a demand, the simple economics 101 is [1:50:54] economic supply, and that dictates price. [1:50:57] But when we're pulling in here and reducing the cost, [1:51:01] then, to me, the fear is the taxpayer's [1:51:04] going to have to subsidize a lot of this extra cost. [1:51:07] So that was my... [1:51:08] Coming back to my question about growth and costs, [1:51:11] how much... [1:51:12] Will it get to a point where [1:51:14] the residents will have to be paying so much that [1:51:16] they can't afford to do it? [1:51:18] - Through you, Mr. Mayor, [1:51:19] that is a decision that council would have to make. [1:51:23] I personally don't see it as a necessity [1:51:26] that the existing tax base [1:51:29] would be subsidizing housing. [1:51:33] However there's certain flexibility within the numbers [1:51:38] for you to make prudent decisions [1:51:41] about how development will pay for itself. [1:51:44] - It's going to be very important going forward. [1:51:46] - Absolutely. - I do have another question [1:51:47] regarding the infrastructure. [1:51:48] And how does this plan ensure that [1:51:50] infrastructure capacity keeps pace with growth [1:51:53] rather than approving growth first [1:51:55] and then trying to catch up with infrastructure? [1:51:58] - Through you, Mr. Mayor and Ms. Dolch. [1:52:00] I'll start, you can finish for me. [1:52:05] It's a requirement that new development [1:52:08] has to have infrastructure. [1:52:10] In fact, you can't have growth without infrastructure. [1:52:14] - Exactly. [1:52:15] - So they are fundamentally linked. [1:52:19] No investment in infrastructure, no growth. [1:52:24] That's the simplest answer. [1:52:25] Perhaps you have a more nuanced one. [1:52:29] - Thank you, Your Worship. [1:52:30] And that's why we do our secondary plans [1:52:32] and all the documents that we do do. [1:52:35] Once the settlement area expands, we look at growth. [1:52:38] We look at what servicing we have to provide [1:52:40] to service those areas. [1:52:41] We look at all those things to make sure, [1:52:44] when we do those expansion areas, [1:52:46] we can actually service them. [1:52:47] We know the cost. [1:52:48] We know everything that's going into them. [1:52:51] And it helps keep us informed as we go ahead. [1:52:55] Again, you're never going to stop growth from expanding. [1:52:58] It's just how you expand again. [1:53:00] And one other point I did want to make [1:53:02] about the 40% and the attainable, [1:53:06] that policy there, we have brought forward to, [1:53:09] and you'll see it again on August 11th, [1:53:11] is the Affordable Housing Community Improvement Plan. [1:53:15] So although we're asking for 40%, [1:53:18] we are trying to incentivize a little bit [1:53:21] in order to get that 'cause we want to make sure [1:53:22] there's houses for all, not just some, right? [1:53:25] So we do want to make sure. [1:53:27] And that target has been working really well to date. [1:53:31] So I know we've been doing a lot of work on policies, [1:53:36] and I know there was some comments saying [1:53:38] they'd like to understand our policies [1:53:39] a little better on that. [1:53:41] So we'll do some work prior to August 11th. [1:53:44] - Okay, I have another question here. [1:53:47] It's basically growth and our tourism. [1:53:49] So how does this plan balance the needs [1:53:51] of our year-round residents [1:53:52] with the needs of our tourist economy, [1:53:54] particularly in the entertainment district [1:53:56] and other areas where visitor activity [1:53:59] can have significant impact? [1:54:00] So, right now, we're looking at a population growth. [1:54:03] So we're taking what we've always had, [1:54:04] like this, traditionally, a 76, 80,000 population. [1:54:08] I know we've expanded in the last little bit. [1:54:10] Going to 141,000. [1:54:12] And at the same time, [1:54:13] we have Destination Niagara Strategy [1:54:14] where we're looking at bringing [1:54:16] many more millions here at the same time. [1:54:19] So we've heard internationally, [1:54:21] you hear all these other countries [1:54:22] like Japan canceling their spring blossom [1:54:26] because the public has gotten angry with the tourists. [1:54:29] Alaska's done it, Spain. [1:54:31] My concern is if we have... [1:54:32] We need to be able to blend the two in harmony [1:54:37] because the last thing we want is the residents, [1:54:39] where if we don't have that balance, [1:54:42] them revolting like these other places [1:54:43] and not wanting the tourists [1:54:45] when that is our number one industry [1:54:46] and we need to protect that. [1:54:48] So. [1:54:51] - Thank you, Your Worship. [1:54:52] And I am going to look to our consultants as well [1:54:54] 'cause I know during the initial public consultations [1:54:57] and things like that, they heard very strongly [1:54:59] that the residents also wanted to be heard. [1:55:02] Although the tourists are important, [1:55:05] that they wanted to make sure they had a place in this plan. [1:55:09] So they took extra care to make sure that happened. [1:55:12] So I don't know if you want to say anything further on that [1:55:14] or I can keep elaborating, [1:55:15] but I know you guys did a lot of work on that front. [1:55:19] - Allow me to take a shot [1:55:21] and invite supplemental, Your Worship, [1:55:23] and through you to the councilor. [1:55:25] Ms. Dolch does remind us all of [1:55:29] that very important engagement point at outset. [1:55:33] And was about ensuring that the voice of residents, [1:55:39] of current other businesses of tourism [1:55:41] are also represented through this project [1:55:43] and this assignment. [1:55:45] I submit to you that the draft is prepared. [1:55:48] Does a pretty halfway decent job of ensuring [1:55:52] that there is land that is protected for, [1:55:54] I'll call them non-tourist businesses, [1:55:57] and baseline factories, and items like this [1:55:59] with the city already doing [1:56:00] a considerable amount of work [1:56:01] outside of this process in that regard as well. [1:56:05] When it comes to planning for residential population, [1:56:08] the employment, sorry, the entertainment district [1:56:12] the mixed-use quarters all provide a function [1:56:15] in terms of delivering some of that housing [1:56:17] and the potential to support that. [1:56:19] Noting some very different policies in different areas [1:56:22] based on plan function. [1:56:24] Recall my point about ground floor commercial [1:56:27] in the entertainment district [1:56:28] to provide for the interactivity, [1:56:30] the mixing and the moving of those spaces. [1:56:34] We continue to reserve lands including larger holdings [1:56:37] within the city for entertainment generation [1:56:41] and protecting for a long-term tourism [1:56:43] generating a point there. [1:56:46] Because if we didn't do that, [1:56:47] Ms. Dolch would be very furious with us as a project team. [1:56:51] So there's a lot of ways that, [1:56:53] how do both get balanced and measured out in this [1:56:57] versus other projects where [1:56:59] there may not necessarily be a tourism industry [1:57:01] where we don't provide for land use policies that say, [1:57:04] "Well, we want to put a tourism generator here." [1:57:07] That's a pretty unique focus [1:57:08] and specific element in this plan [1:57:10] that you don't see elsewhere, [1:57:11] and I think it's a pretty important... [1:57:13] As the outsider coming on in here, [1:57:15] that's a pretty important differentiator [1:57:17] and means to ensure that the tourism function [1:57:19] is being protected. [1:57:21] I hope that helps answer the question. [1:57:23] - Thank you. [1:57:26] - Just some specific examples. [1:57:28] I'll just give you some. [1:57:31] we looked at the trail connection. [1:57:33] So there was a... [1:57:34] We had a large discussion early on about [1:57:38] a lot of residents don't necessarily [1:57:41] go to the tourist area 'cause it's hard, [1:57:43] not hard to get to, but they don't want to park, [1:57:45] they don't want the aggravation. [1:57:46] So we wanted to make sure the connections started to happen [1:57:49] so that the residents had an easy ability to get there [1:57:51] through active transportation or other means. [1:57:53] So, again, we worked very closely [1:57:55] with municipal works on that as well. [1:57:58] And again, the transition between the entertainment district [1:58:04] the consultants took extra care [1:58:05] to make sure there's some compatibility [1:58:07] because, again, we have residents [1:58:08] right up against the entertainment district. [1:58:10] So in the plan, there's a lot of policies on compatibility [1:58:14] and all those things to make sure that that interface [1:58:17] is treated appropriately, just so that we... [1:58:19] So they took a number of concerns that the residents had [1:58:22] and built that into the plan. [1:58:23] - That's really good. [1:58:24] I'm very glad that you paid attention to that [1:58:26] 'cause it is a key thing. [1:58:28] And another question. [1:58:30] This is a 25 year horizon plan. [1:58:32] And in your document, you said, every five years, [1:58:34] you will be reviewing it. [1:58:36] What are the key performance measurements [1:58:38] that you've indicated to say [1:58:40] whether it's working or whether we need to [1:58:42] take a look and review it again? [1:58:47] - So, thank you, Your Worship. [1:58:49] Through you to the councilor. [1:58:50] So there's a number of [1:58:51] metrics you'll see throughout the plan, [1:58:54] and some of them are already been approved by council. [1:58:56] For example, the Woodland Management Plan. [1:59:00] Again, there's a metric in there. [1:59:02] You want to see a tree canopy of 35% by 2051. [1:59:07] So we want to make sure that those things are working. [1:59:10] So we'll have to obviously work as well [1:59:13] with municipal works on determining, is that working? [1:59:16] Are we losing canopy? [1:59:17] Are we gaining canopy? [1:59:18] That's one example. [1:59:20] We also want to make sure we're getting [1:59:22] the active transportation connections, [1:59:23] again, working with municipal works, [1:59:25] because it's an important function of any city [1:59:28] to make sure people can get around, [1:59:30] not just by cars, but by every mode. [1:59:33] So those are some of the things we're looking at. [1:59:36] In terms of growth, urban design is a big one for me anyway. [1:59:41] I want to make sure that when you look at Niagara Falls, [1:59:45] and as it grows over the next five years, [1:59:47] are we getting the developments [1:59:49] we want to see as a city that works? [1:59:52] And that people can be proud of and say, [1:59:56] even though it's a little more intensive [1:59:57] than what we're used to, does it work? [1:59:59] And is it functioning appropriately? [2:00:01] Are we getting good design? [2:00:02] Are we getting things that make people [2:00:04] want to come and live here? [2:00:05] So I think those are a lot of our metrics [2:00:07] that we're going to be balancing [2:00:09] as we go to the five-year review. [2:00:11] How are they working? [2:00:13] Are they working? [2:00:14] We could get some pushback [2:00:17] as provincial legislation changes on different things. [2:00:20] Urban design is one of them that we [2:00:22] are losing more and more control over time. [2:00:24] But hopefully, we do have a good working relationship [2:00:28] with a lot of builders and developers here. [2:00:30] So I do think they take that seriously, and try to show you, [2:00:33] obviously, when you see the nice designs [2:00:35] that they come in with. [2:00:36] - Yeah, very impressive. [2:00:37] - If those get built, [2:00:38] I think people could be proud of the city. [2:00:41] - So then in the next... [2:00:42] So in five years from now, [2:00:43] there would be report to council [2:00:44] without the highlight saying, [2:00:46] for example, the tree canopy, we want to increase it to 25%. [2:00:50] This is how we're achieving this goal. [2:00:52] This is how it is. [2:00:53] Or, our population growth is not on target. [2:00:56] We need to start realigning things. [2:01:00] So we can expect something like that in a five, [2:01:02] or council of the day can expect something like that [2:01:05] in five years. [2:01:07] Thank you, Your Worship. Yes. [2:01:08] And you're going to see. [2:01:09] You're going to see different things come in. [2:01:11] We have urban boundary expansion policies in this plan, [2:01:14] so you might start to see [2:01:16] people requesting urban boundary expansions. [2:01:18] We could see that they demonstrate [2:01:20] there's need three years from now. [2:01:22] They might say, "Hey, we need more land, [2:01:24] and we've done our numbers." [2:01:25] So you're going to see all of that. [2:01:27] Those are the metrics, [2:01:27] but in the end, in the five-year review, [2:01:29] we are going to look at those numbers. [2:01:30] Are they still realistic? [2:01:32] Do we need to add more land? [2:01:33] Do we not need to have them? [2:01:34] So all those things, all those metrics, [2:01:36] our goal in the end in this plan, [2:01:39] and you don't see it here because it's textual still, [2:01:42] But there are going to be some metric boxes [2:01:45] and things on the side. [2:01:47] It's just, again, we have to make everything AODA-compliant. [2:01:49] So until the final, final is done, [2:01:54] you won't see that until the very end [2:01:56] once the province approves everything. [2:01:58] - One final question. [2:01:59] So as you've changed some designations, is there... [2:02:03] And I don't know how that lines up. [2:02:05] But if I was a resident all of a sudden, [2:02:07] I went from rural to agriculture, [2:02:11] or in anything where there's significant changes, [2:02:13] are we notifying the residents that, [2:02:15] "Hey, your zoning has been changed. [2:02:19] This can affect you." [2:02:20] or are we just relying on them [2:02:21] to find us through the website, [2:02:24] the official plan, and come here? [2:02:27] - Thank you, Your Worship. [2:02:28] So I know there's a bit of confusion [2:02:30] between zoning and official plan. [2:02:32] So we're just designating, not zoning. [2:02:33] Zoning's with the zoning bylaw, [2:02:35] but I do it all the time too. [2:02:36] I always say zoning and I mean designation. [2:02:38] - I mean, yes. - Yeah. [2:02:41] But yes. [2:02:44] So under the Planning Act, we do just... [2:02:45] Because it's such a large document, [2:02:47] we can't notify everyone in the city, [2:02:50] but we have done an extensive public process. [2:02:54] This has been going on almost two years [2:02:56] or more than two years now. [2:02:58] So, we hope that most people have paid attention. [2:03:01] We've tried. [2:03:02] There's been pop-ups. They've gone to markets. [2:03:05] So we've tried to get out as much as we can [2:03:08] to the general population as best we can. [2:03:11] So we don't notify individually though. [2:03:14] - Okay. Very good. [2:03:15] Thank you. [2:03:16] - Thank you. Councilor Patel. [2:03:19] - Thank you, Mr. Mayor. [2:03:20] Through you, Mr. Mayor, to maybe Ms. Dolch actually. [2:03:24] The entertainment district comes on Victoria Avenue. [2:03:27] Why not extend it to Queen Street? [2:03:29] Was there a reason why we didn't include Queen Street [2:03:32] in Entertainment District? [2:03:34] There are lots of restaurants [2:03:35] and there are lots of entertainment venues [2:03:38] right here on the Queen Street. [2:03:40] - Thank you, Your Worship. [2:03:41] And if the consultants want to jump in or... [2:03:44] But I do know we had a long discussion on [2:03:48] where that entertainment district stopped. [2:03:50] We did kind of originally have along that corridor [2:03:57] a little bit of a different connection. [2:03:59] Now it's mixed-use 2 up Victoria all the way through. [2:04:03] And mixed-use 2 does still permit height [2:04:06] and all the other things, [2:04:07] and still permits a lot of the provisions [2:04:08] that are in the entertainment district. [2:04:10] It just has a cap on height. [2:04:11] So we're trying to keep... [2:04:12] The entertainment district has a no height limit. [2:04:16] Mixed-use 2. [2:04:17] And Kailen's going to correct me, [2:04:18] is it 32 stories? [2:04:20] High-rise, mixed-use 2. [2:04:22] So they can go up to 32 stories. [2:04:25] The permissions are generally very similar, [2:04:27] except for, obviously, we didn't want to see casinos [2:04:30] and other things maybe on Victoria coming all the way up, [2:04:34] because, again, we're trying to limit [2:04:35] to the tourist core area. [2:04:37] That was just our decision making thought at that time. [2:04:40] I don't know if Your Honor had anything. [2:04:41] - Just briefly, through Mr. Mayor. [2:04:46] When you look at Niagara Falls, [2:04:48] and you look at the downtown, [2:04:50] and then the entertainment district, [2:04:52] in between those two is a neighborhood. [2:04:55] So our objective is to [2:05:01] promote the significant success of the downtown [2:05:07] and the entertainment district, [2:05:09] which is the focus of tourism [2:05:12] while still protecting the sanctity of that interstitial, [2:05:19] low-rise residential neighborhood. [2:05:22] That's a pretty important element. [2:05:24] That could change over time if there's a desire to do so. [2:05:29] We did not hear that desire at this time, [2:05:33] but it's understandable that 30, 40, 50 years from now, [2:05:39] they could grow naturally together, [2:05:42] but they're not quite ready for that yet. [2:05:46] - Thank you. [2:05:47] Another question, through you, Mr. Mayor. [2:05:50] In a presentation, it said rooftop gardens, [2:05:53] private and communal outdoor patios, decks and gardens. [2:05:57] So will that be just the encouragement for the developers [2:06:01] or will that be part of the policy going forward [2:06:04] that we want to see? [2:06:08] - Thank you, Your Worship. [2:06:09] So, again, it's part of the policy we want to see. [2:06:12] We want to encourage all those things. [2:06:14] Obviously rooftop gardens. [2:06:16] We do have provisions right now [2:06:17] in our zoning bylaw for amenity space, [2:06:19] so a lot of times you will see those rooftop gardens [2:06:21] because they can't provide it on the ground. [2:06:23] But things we want still in this plan [2:06:26] is encourage and support those things going forward. [2:06:29] - It could become policy in the future maybe? [2:06:31] - Yeah. [2:06:33] - Thank you, Mr. Mayor. [2:06:34] I have a question about the industrial land. [2:06:36] And I'm going to start by I always say that [2:06:38] you need a job to buy a house, [2:06:39] not a house to get a job, right? [2:06:42] In last four years as a councilor, [2:06:43] we have seen multiple application where [2:06:46] we always see issues between industry and residential, [2:06:49] maybe the residential encouragement on the industry. [2:06:53] We make a decision application by application. [2:06:57] Is there opportunity in our official plan [2:06:59] to strengthen that policy framework [2:07:03] to give a greater protection of those industries [2:07:07] and the business that create the job and implement this. [2:07:13] - Thank you, Your Worship, through you to the councilor. [2:07:16] So we did do a little bit of that. [2:07:18] In the industrial area, [2:07:20] we did require 300 meter separation. [2:07:23] In the policies right now, [2:07:24] we asked for a 300 meter separation [2:07:26] between that and a sensitive land use. [2:07:29] So we have tried to go a bit beyond [2:07:32] what the D6 requirement would be. [2:07:34] So it's for any industrial besides sensitive. [2:07:37] So we have done that. [2:07:39] The standard practice normally [2:07:42] is your D6 guidelines by the province, [2:07:44] and that's your class one is 20 meter distance, [2:07:47] class two, 70, [2:07:48] and class three, 300. [2:07:50] Those are the minimum separation distances. [2:07:52] So we've kind of gone to the more extreme case, [2:07:55] just given our experience [2:07:57] in the city of Niagara Falls to date. [2:08:00] I will advise that we did hear from the comment. [2:08:03] You'll see the comments from the province [2:08:04] saying that that should be removed. [2:08:05] So we took it under consideration [2:08:08] because of all the concerns raised by council [2:08:11] and wanted to make that change in this policy. [2:08:15] - Thank you. [2:08:16] - Okay, thank you. [2:08:17] Any other questions of council? [2:08:20] Okay. [2:08:21] Then I have one question. [2:08:22] I don't know if this is directed [2:08:23] to our consultants or to our staff. [2:08:26] It's in regard to the tree canopy. [2:08:30] So in the report, it said that we've got a 30% tree canopy, [2:08:33] and we're looking to go to 35. [2:08:36] So I don't know who would I... [2:08:37] Do I direct this to our... [2:08:39] Nobody's rushing to stand up, so I'm assuming that... [2:08:42] Okay. [2:08:43] So let me just ask this question before... [2:08:46] So the question is, [2:08:48] where did that number come from, the 35? [2:08:51] We're currently, as I understand it, [2:08:54] the third best tree canopy in the region, [2:08:57] only behind Fort Erie and Pelham. [2:08:59] St. Catharines and Welland, [2:09:01] the only other two major urban centers, sit at 22. [2:09:05] So, we are sitting at 30. [2:09:07] We're already doing... [2:09:08] Where did 35 come from? [2:09:09] I just wonder where that number. [2:09:10] Yep, thank you. - Thank you, Your Worship. [2:09:12] So the Urban Forestry Management Plan [2:09:15] that was approved a little while ago [2:09:17] had identified that we have the 30% canopy, [2:09:21] but that we wanted a target of 35% in 2051. [2:09:26] So that's where it came from. [2:09:27] - So it came from the report? [2:09:28] - No, the Urban Forestry Management Plan. [2:09:32] I can't remember. [2:09:32] Erik, I can't remember when. [2:09:34] It came to council a little while ago. [2:09:35] I don't know the exact date, [2:09:36] but I can probably get that for you. [2:09:38] - [Erik] Yeah, four weeks ago. [2:09:39] - Yeah, three, four maybe. [2:09:40] - Okay, so I just wondered where the number came from. [2:09:43] I mean, did they just... [2:09:44] I know they had it then, but where did it come from? [2:09:46] Is this a random number we just picked at target? [2:09:48] I just wondered, was there some science behind this [2:09:50] or is this just a wishlist? [2:09:54] - Thank you, Your Worship. [2:09:55] I may have to wait for Mr. Nickel to get back on that [2:09:57] because it was through the Urban Forestry Management Plan. [2:10:00] Obviously, while we undertook this work, [2:10:02] we had a lot of those drafts as we worked through them. [2:10:05] So we built in all the plans and all the documents [2:10:08] that were kind of underway into the policies. [2:10:11] - In fairness to Mr. Nickel, [2:10:12] it was his birthday yesterday, [2:10:14] so he may be a little bit rough today. [2:10:17] Okay, so now... [2:10:19] Yes, Councilor Patel. [2:10:20] - That point, Mr. Mayor, [2:10:21] I just want to add something. [2:10:23] I was at the airport a couple days ago for a meeting, [2:10:25] and there was a lady there waiting to [2:10:29] catch the landline for the Air Canada. [2:10:31] And we started talking and she was from California. [2:10:34] And she was going to catch her flight [2:10:37] for Air Canada in Toronto. [2:10:38] And she told me that she does this Miyawaki forest. [2:10:44] It's a forest that grows in very small area. [2:10:47] It's some unique technique they use [2:10:49] that they plant so many trees [2:10:51] and within maybe a three meter, [2:10:53] and it becomes a small forest. [2:10:55] And I think Lincoln has some project like that. [2:10:57] They got some grant to do, something like that. [2:10:59] Maybe I think we can look into that [2:11:00] maybe to increase over canopy. [2:11:02] It was interesting. [2:11:03] She was very excited to tell me about her project. [2:11:06] She's a teacher in California, [2:11:09] and she grew this forest in abandoned parking lot [2:11:12] and they just took all the tarmac off [2:11:15] and they made a forest. [2:11:16] And so it was pretty interesting. [2:11:17] She was showing me pictures. [2:11:19] I just wanted to add that because I, [2:11:20] something I learned new from [2:11:22] just have a conversation with someone. [2:11:23] - Thank you. Thank you for that. [2:11:24] Councilor Lococo. [2:11:26] - I was going to bring this in my comments, [2:11:28] but it's specifically about the tree canopy. [2:11:30] I know we talk in our plan about replacing [2:11:32] two to one and even three to one in other woodlands. [2:11:35] There's a difference between replacing a tree, [2:11:38] like a little sapling, [2:11:39] in comparison to a 70-year-old tree that has a huge canopy. [2:11:44] We can't just look at the numbers of trees [2:11:46] that we're replacing. [2:11:47] We need to look at the canopy [2:11:49] because what the canopy is, [2:11:50] is if I'm a tree and my canopy goes to here [2:11:53] and Councillor Baldinelli's canopy touches, [2:11:55] that's what the canopy is. [2:11:57] If you remove that tree, [2:11:59] say Councillor Baldinelli is now removed [2:12:02] and now Councilor Patel is a tree, [2:12:04] we don't have a canopy anymore. [2:12:05] We just have a little stick tree. [2:12:07] So it's not just about the replacement number of trees. [2:12:11] It's about the actual canopy. [2:12:13] So we have to keep that in mind. [2:12:15] - Yeah, I know, but that doesn't address what I was asking. [2:12:19] I know what a canopy is, [2:12:21] but also smaller trees grow quicker than bigger trees. [2:12:24] And the only thing we can control is... [2:12:26] What are you pointing at? [2:12:28] Okay. We'll get to him. [2:12:29] We'll get to him. [2:12:32] The point being though, [2:12:33] we're not going to plant the mature trees. [2:12:35] We're planting saplings, which grow into big trees. [2:12:37] So our policy, this says here two to one. [2:12:40] And this was one of the other questions I had. [2:12:42] And for me, this is very important because some trees die, [2:12:46] some trees are diseased, [2:12:47] some trees are in the wrong places. [2:12:48] You have to replace them. [2:12:49] So how are you going to do that? [2:12:51] And the easiest, simplest way is you plant more trees. [2:12:54] And to me, you replace a tree, replace it with three. [2:12:57] That's what I thought we've been going along, [2:12:59] and that's what I say [2:12:59] when I go to all the schools to the kids, [2:13:01] and I'm surprised to see two to one in here. [2:13:03] So I just wondered if we can get that addressed on [2:13:06] where that number came from to help with our canopy. [2:13:08] 'Cause the only way we're going to do it [2:13:09] is we plant more trees. [2:13:12] - Thank you, Your Worship. [2:13:13] So we have a bit of a... [2:13:14] So the two to one scenario came. [2:13:17] It was previously a direction [2:13:21] or a request by Councilor Pietrangelo and Councillor Strange [2:13:24] for any development site to kind of replace [2:13:27] any trees at a two-to-one ratio. [2:13:29] So that's how we started with these policies. [2:13:33] Then we also had other woodlands. [2:13:35] Other woodlands are something, [2:13:38] a larger woodland. [2:13:39] And they're protected right now [2:13:41] by the region's policy plan [2:13:42] saying you can't really go into other woodlands. [2:13:44] They're kind of protected. [2:13:47] There's some wiggle room with that, [2:13:49] but compensation really isn't on the table. [2:13:51] So with this plan, we tried to find middle ground. [2:13:54] We knew that there was concern out there about [2:13:59] the policies of the region that we're being too strict. [2:14:02] So we wanted to kind of find a middle ground. [2:14:04] So we went with a three to one [2:14:06] because you had two to one on the other. [2:14:07] Now these are a little more significant woodlots. [2:14:09] We went to a three to one for replacement. [2:14:12] The preference here is that you try to do it on site, [2:14:15] but if you can't, you can go elsewhere [2:14:17] 'cause, again, we want to make sure [2:14:19] that we protect the longer tree canopy. [2:14:21] And if it is going to be lost, [2:14:23] we want to make sure we protect it. [2:14:26] As you heard earlier, it is beyond provincial policy, [2:14:31] but we want to make sure we have the tree canopy, [2:14:33] and your goal of kind of 35%. [2:14:36] And that's why even with other wetlands, [2:14:38] we go to a five-to-one category. [2:14:41] So we progressively increased it [2:14:45] from that two-to-one scenario [2:14:46] that was recommended originally. [2:14:48] That's where the numbers came from. [2:14:49] - Thank You. Thank you. [2:14:50] Mr. Burgess, you wanted to weigh in? [2:14:52] - Yeah, just specifically to your question, Mayor, [2:14:54] and when Mr. Nickel comes back. [2:14:57] There are benchmarks that [2:14:59] like US Forestry Services [2:15:01] and other scientific people on that, [2:15:04] and they set different benchmarks. [2:15:05] It depends whether you're [2:15:09] deemed to be in a grassland environment, [2:15:11] a desert environment, or a temperate forest environment. [2:15:15] And in the US and a lot of major cities, [2:15:17] you'll see the benchmark is at 40%, [2:15:19] unless you're in the desert, then it's at 20 to 25%. [2:15:22] So there is benchmarking that [2:15:24] that 35% analysis came up with [2:15:27] because of our urban and rural split in the area. [2:15:33] But Mr. Nickel and our forestry team [2:15:36] could probably give you a bit more information [2:15:38] on how that 35% benchmark was set. [2:15:40] But there are standards out there in North America [2:15:43] for tree canopy coverage for urban and non-urban centers. [2:15:48] - Thank you. Thank you. [2:15:50] Councilor Strange. [2:15:51] - Yeah. Thank you, Mr. Mayor. [2:15:52] And talking about the urban canopy, [2:15:54] and we always like to give kudos [2:15:56] to our Environmental Action Committee, [2:15:58] because, currently, right now, [2:16:00] we are planting 500 trees per year, [2:16:03] and we've been doing, I think, the last four years already. [2:16:07] So if you add those amount of trees, which could be more, [2:16:11] by the time we get to 2031, [2:16:13] we're going to have 12,500 trees planted. [2:16:17] And I don't know if there's anyone in this room, [2:16:19] including Jason, I could do the math, [2:16:21] what that would do to our urban canopy [2:16:24] because it would be huge. [2:16:26] I don't think any other city [2:16:27] is doing that in Canada besides us. [2:16:29] So kudos to us, [2:16:30] and we've got Lesley Laan over there [2:16:33] on Environmental Action Committee. [2:16:34] So we've been doing quite a bit towards that [2:16:37] and hitting that market. [2:16:38] - Very Good, very good. [2:16:40] Councilor Pietrangelo. [2:16:41] - Yeah. Thanks, Your Worship. [2:16:42] I just wanted to comment on one thing [2:16:44] that Ms. Dolch was talking about with the two-to-one policy. [2:16:46] The other item that we brought up, [2:16:47] and I know it's going to come back in the zoning bylaw, [2:16:50] was apartments because right now residential units, I think, [2:16:53] for every one residential unit that gets built, [2:16:56] there's one tree that's required. [2:16:58] So the developer has to put that in front of the house. [2:17:01] And if there isn't room to put that tree there, [2:17:03] then they pay the city X amount of dollars, [2:17:06] and then the city will go and plant that tree there, [2:17:09] or go and plant it someplace else. [2:17:11] Sorry. [2:17:12] But at least it's a one-to-one policy. [2:17:14] We were asking for a two-to-one policy. [2:17:17] With apartments though, [2:17:18] I don't believe it's a one-to-one policy, [2:17:20] or with high-rise condos. [2:17:22] It's not a one-to-one policy. [2:17:24] Oftentimes, they're limited in terms of space that they have [2:17:27] in order to plant trees, [2:17:29] but it's not even yet a one-to-one policy. [2:17:31] So if you have a 40-unit apartment building, [2:17:34] the city doesn't require them to plant 40 trees. [2:17:37] They might be able to have [2:17:38] 10 of them on their property and 30 elsewhere, [2:17:41] but we don't have that requirement yet. [2:17:43] So that's another thing that we were saying is that, [2:17:46] for high density residential, [2:17:49] there still needs to be that one-to-one policy [2:17:51] because there is that one-to-one policy [2:17:53] for single family homes. [2:17:54] So it should filter over [2:17:56] into high-density residential as well. [2:18:00] - Okay, good. Thank you. [2:18:01] Oh, look who's back? [2:18:03] We were talking about you while you were away. [2:18:05] Councillor Nieuwesteeg. [2:18:07] - I just want to make one comment about the tree canopy, [2:18:10] and I though it was wonderful that you have it there. [2:18:12] If you're looking for areas to put those excess trees [2:18:16] those old city streets that used to be lined [2:18:20] Barker Street, Culp Street, Murray Street, [2:18:23] used to be lined with trees, [2:18:24] but as time has gone on, they've disappeared. [2:18:27] If you need to put them, [2:18:28] I think we should look at those those streets [2:18:31] because they have absolutely no trees left on them, [2:18:35] the boulevard trees. [2:18:37] So anyway. [2:18:39] - Thank you. [2:18:41] Yes, Councilor Patel, [2:18:42] did you ask another question? [2:18:43] - No, I just want to say something, [2:18:44] what you said, Mr. Mayor. [2:18:45] Earlier you said the Pelham and Fort Erie [2:18:47] is the only one with the higher canopy [2:18:49] than Niagara Falls. - Yes. [2:18:50] - Well, we are doing better [2:18:51] because we are not like Pelham and Fort Erie. [2:18:54] We're compared more to St. Catharines [2:18:55] with our development and size of the city. [2:18:57] So I think we are doing much better [2:18:58] than any other cities. [2:19:00] - We're doing the best of the urban cities in the region. [2:19:02] - Exactly. - Yeah. Very good. [2:19:05] Did you want to jump in on this? [2:19:07] - We knew you're at your [2:19:08] birthday party yesterday. - Apologize for [2:19:09] just going to the washroom. [2:19:10] - Well, we knew about your party, so. [2:19:12] - I can tell you we're setting this [2:19:14] as a preliminary target. [2:19:16] As we had reported to council [2:19:18] in our urban forest management plan a few sessions ago, [2:19:22] there was some information that came back on our surveys [2:19:25] and our canopy coverage. [2:19:27] And the second phase of that approach [2:19:29] in our urban forest management plan [2:19:30] is to actually do consultation [2:19:32] and to develop the formal target [2:19:34] and the action plan that helps us achieve a future target. [2:19:37] So I think we'll be coming back to council [2:19:38] with a goal setting exercise [2:19:40] of what that target looks like [2:19:41] and a few options on how to achieve that. [2:19:44] If it is a near impossibility to get to 40% [2:19:49] or whatever the target's going to be, [2:19:50] then we may have to scale that back [2:19:51] and look at a more practical target, [2:19:53] but that is a next step [2:19:55] and that's coming back from municipal works [2:19:56] in about a year's time. [2:19:58] - Great. Excellent. [2:20:00] Excellent. Okay. [2:20:02] We will now go to anyone who wishes to speak [2:20:06] to the official plan that's registered. [2:20:10] So I'm going to go to you, Madam Clerk. [2:20:11] You have a list, I take it. [2:20:15] - Thank you, Mr. Mayor, through you. [2:20:16] We do have a number of people that have [2:20:19] registered to speak to this matter. [2:20:22] The first person being Mr. Rocky Vacca. [2:20:36] - Good evening, Your Worship, members of council. [2:20:38] - Evening. [2:20:40] - With your permission, I do have two separate delegations [2:20:43] I'd like to make consecutively if possible. [2:20:46] First delegation is jointly on behalf of... [2:20:50] (attendees laughing) [2:20:52] I'm posing for you. [2:20:54] - Oh, sorry. - No, I'm posing for you. [2:20:56] Take a picture, yeah. - Oh, thank you, thank you. [2:20:58] Irish Insider. [2:21:01] Do you like my shirt? [2:21:02] (Rocky laughing) [2:21:05] - It's a beauty. [2:21:08] So, first delegation is jointly on behalf [2:21:10] of Mountainview Building Group and Hummel Properties Inc. [2:21:14] I've sent you a detailed submission. [2:21:16] I'm not going to be too long, [2:21:17] but we are requesting that five policies be deleted, [2:21:21] 6.4.8.1, [2:21:24] 6.4.9.1, [2:21:26] 8.5.2.5, [2:21:29] 8.6.5.1.1, [2:21:32] and 8.7.2.8A. [2:21:37] We provided you detailed reasons in my written submission. [2:21:41] I do have Jennifer Vida, [2:21:42] who's the planning consultant for Hummel Properties, [2:21:45] in the audience if you have any specific planning questions. [2:21:50] I've also provided you a copy [2:21:52] of a planning report from the city of Welland, [2:21:54] dated April 14, 2026, [2:21:57] wherein Welland Council accepted [2:22:00] a legal opinion from Aird & Berlis that [2:22:02] sunset clauses relating to zoning are illegal. [2:22:13] So in short, the reason that these policies [2:22:17] ought to be deleted is they all impose [2:22:20] requirements or conditions on development proposals [2:22:24] or introduce policies that go beyond [2:22:26] what is required by the province [2:22:27] or permitted by applicable law. [2:22:30] This council has consistently voted down [2:22:32] any conditions or policies [2:22:34] that fall within this category. [2:22:36] Why? [2:22:37] Because there is already enough red tape [2:22:39] and hurdles imposed on developments [2:22:41] by provincial policies and laws. [2:22:44] Specifically with respect to the use of sunset clauses [2:22:48] on zoning approvals, as I stated, [2:22:50] I provide an opinion from Aird & Berlis. [2:22:53] Their opinion is sunset clauses are illegal [2:22:55] in terms of zoning. [2:22:57] I'm not aware of any municipality in the region [2:23:00] that has included it in their official plan, [2:23:03] presumably for the reason that it is illegal. [2:23:07] And Aird & Berlis is a law firm that [2:23:10] the city is very familiar with. [2:23:11] They've done quite a bit of work for you in the past, [2:23:14] and I believe they still do. [2:23:18] So Welland had a legal opinion. [2:23:21] They accepted that they are illegal [2:23:23] and did not put in a policy regarding sunset clauses. [2:23:29] Finally, today, I discovered in a memo dated December 16th, [2:23:33] Fort Erie planning staff stated to counsel the following, [2:23:37] "Staff were unable to find any examples [2:23:39] of sunset clauses being posed by other municipalities [2:23:42] as standard practice. [2:23:44] Should this approach be considered by council, [2:23:46] the legal feasibility and implications [2:23:48] should be considered prior to implementation. [2:23:52] Furthermore, it is unknown if applying sunset clauses [2:23:55] would result in a faster development approval process." [2:23:59] So I'll leave you with that. [2:24:00] In conclusion, [2:24:02] on behalf of Mountainview and Hummel Properties, [2:24:04] we're requesting that the five policies in question [2:24:06] be deleted from the draft OP before you. [2:24:09] I'd be happy to answer any questions. [2:24:11] Ms. Vida is available as well. [2:24:13] Also like to thank all the hard work put in [2:24:15] by your consultants and by planning staff. [2:24:19] I mean, it's very exciting to have a new official plan. [2:24:21] It's been over 20 years. [2:24:23] So I'm very excited to have a new one, [2:24:26] but we do have some concerns [2:24:28] that I think need to be addressed. [2:24:30] - Any comment or question to staff? [2:24:33] I don't know, Mr. Burgess, you wanted to jump in first? [2:24:37] - With regards to the sunset clause, [2:24:38] council has spoken very affirmatively on that process. [2:24:42] The city has I don't know how many planning files [2:24:47] on file that never seem to get accomplished, [2:24:50] and we have diminishing servicing capability. [2:24:53] And every time something's approved, [2:24:55] we have to meet with that servicing capability. [2:24:58] And the reality is there is [2:25:00] upzoning that is going on with speculation. [2:25:04] So we happen to have a different legal opinion. [2:25:08] The nice thing about legal opinions is [2:25:10] there's always two lawyers who go into court [2:25:12] with different opinions, [2:25:13] and a judge seems to determine which lawyer is correct. [2:25:16] So there will always be a differing legal opinion [2:25:18] on any of these matters. [2:25:20] And I think counsel has previously spoken [2:25:23] very specifically on this issue. [2:25:25] And I think Niagara Falls is more unique [2:25:27] than a Fort Erie or a Welland [2:25:29] because I don't think any of those have... [2:25:32] I don't know, I think we have [2:25:33] close to a hundred hotel developments on file [2:25:37] that never seem to get built. [2:25:39] So I think that's the position of staff, [2:25:41] and we're affirmative with that [2:25:44] and we're following counsel's direction on that issue. [2:25:47] - Yep. [2:25:48] So on that one, we've got our own legal opinion. [2:25:50] We don't agree. [2:25:52] And obviously, it serves the public much better [2:25:54] to have something like this. [2:25:56] So I mean, that's one maybe judges [2:25:57] will have to sort out at some point. [2:25:58] And then on the other ones, [2:26:00] I guess his other points, [2:26:02] I don't know, Ms. Dolch, [2:26:03] if you wanted to address that. [2:26:05] - Thank you. [2:26:06] I can speak to some of them. [2:26:07] I know there was comments on other woodlands [2:26:10] and the compensation policy. [2:26:12] The approach, I believe, Mr. Vacca and his submission, [2:26:15] was that it should be more of a one-to-one ratio [2:26:18] rather than the three to one and five to one ratio. [2:26:21] As we spoke just briefly a few minutes ago it, [2:26:26] we're trying to make sure we protect [2:26:27] the long-term tree canopy. [2:26:29] So we've put that in place. [2:26:31] I know counsel spoke loud and clear [2:26:32] about trying to protect the trees when they're removed. [2:26:35] They didn't have necessarily concerns [2:26:38] on the removals to facilitate development, [2:26:41] but wanted to see the replacement so that we had more trees, [2:26:46] a larger tree canopy. [2:26:48] And we did base it on the original two-to-one [2:26:50] and then went up from there as I indicated. [2:26:54] And we did... [2:26:56] And just in case counsel didn't know, [2:26:57] on one of the natural heritage plans, [2:26:59] you'll see the kind of identified compensation areas [2:27:02] that we are looking at offsite, [2:27:04] because we do want to see these protected for the long term. [2:27:07] We don't want to plant them in a location [2:27:09] that could be removed in the future. [2:27:10] So we are looking at parcels [2:27:13] that were adjacent to other natural heritage features. [2:27:15] So long term, we would maintain that. [2:27:18] So that's something we did look at. [2:27:21] And so I can only tell you the reasons. [2:27:23] In the end, you can make the decision. [2:27:26] And non-provincially significant wetlands was the other one. [2:27:29] Again, compensation is very similar. [2:27:31] It's three-to-one and five-to-one. [2:27:33] With non-provincially significant wetlands, [2:27:37] they do provide some hydrologic function [2:27:40] and help with species [2:27:43] and species traveling from one pocket to the next. [2:27:46] So we do feel they're important. [2:27:49] We do understand that we don't want to hinder development. [2:27:53] We want to make sure that development can go ahead, [2:27:55] and that's why we're saying we are allowing offsetting [2:27:57] beyond what was allowed in the region's plan. [2:28:00] So we want to provide that flexibility, [2:28:02] but we do think it's important to maintain the wetlands [2:28:05] for a number of things. [2:28:07] Climate change, all the things that we know about, [2:28:10] we want to make sure that those are protected and enhanced [2:28:13] if they're going to be lost in that area. [2:28:18] I think the other was draft plan approvals. [2:28:21] So plan is subdivision. [2:28:23] This one, we are going to take away. [2:28:27] So, generally, the comment or the policy [2:28:30] says that you can't extend from more than [2:28:33] a cumulative maximum of three years. [2:28:36] We will take this away and consider it a bit further. [2:28:39] We appreciate the point Mr. Vacca has made on this. [2:28:43] We know there's been changes [2:28:44] in the Planning Act and things like that, [2:28:46] so we will take this away [2:28:47] and consider that a bit further prior to August 11th. [2:28:52] In terms of the sunset clause, [2:28:54] we've spoken about that. [2:28:56] In terms of the peer review, [2:28:57] so the policy right now does say [2:28:59] that the application may not be deemed complete [2:29:03] until we're satisfied with the extent [2:29:04] and quality of work of these studies that come in. [2:29:07] We will revise this statement. [2:29:10] The concern we have... [2:29:11] And I'll tell you, [2:29:15] right now, the way it's been working is we don't... [2:29:20] We deem everything complete [2:29:21] provided it's been provided. [2:29:23] We don't analyze it until later. [2:29:25] Difficulty that we do encounter now is that [2:29:29] so we analyze the studies after we've deemed it complete. [2:29:31] We have a window of 90 days [2:29:33] for a zoning amendment to get it before you, [2:29:36] and they can appeal on non-decision. [2:29:37] And we've been pretty good at trying to get it to you [2:29:40] in those 90 days. [2:29:43] If we have issues with it, [2:29:44] we will never get that peer review done in that timeframe. [2:29:47] So that's our biggest concern. [2:29:49] And, obviously, we hope that the development community [2:29:53] won't go for a non-decision, [2:29:54] but we do ask now that they provide us a letter [2:29:59] saying they want to hold the application [2:30:01] just in case they do go for non-decision. [2:30:03] So we think that's enough protection [2:30:05] or almost like a gentleman's handshake [2:30:09] that the development community [2:30:10] won't go for that non-decision. [2:30:12] I'm not saying it hasn't happened, [2:30:13] but we think we can modify this policy [2:30:16] because I really don't... [2:30:18] I've made commitments previously [2:30:20] that I wouldn't analyze these policies upfront [2:30:24] because I don't think it's fair. [2:30:25] We have 30 days. [2:30:27] We'll rely on their consultants, [2:30:28] but we will review it. [2:30:30] And if we think there's problems, we will get a peer review [2:30:33] and raise those concerns. [2:30:34] So I think we can make that change. [2:30:38] - Councilor Lococo. [2:30:39] - Thank you, Mr. Mayor. [2:30:40] To the point that Ms. Dolch was saying about that, [2:30:43] here in Niagara Falls, [2:30:46] we don't really have any concerns about the removal, [2:30:49] but the replacement. [2:30:50] So I guess my question is, [2:30:52] do other municipalities have tree bylaws [2:30:55] that affect the removal [2:30:57] and then don't have such a high replacement? [2:31:01] Is that what is happening in other communities? [2:31:04] - Thank you, Your Worship. [2:31:05] So there are tree bylaws in other communities. [2:31:08] And like I said, we're just trying to find [2:31:10] a balanced approach because... [2:31:12] I'll be very frank with you. [2:31:15] I don't want to see the policy deleted. [2:31:18] So we're trying to find a middle balance. [2:31:21] Obviously, we know the development community [2:31:22] is very loud and clear that they want to see it removed [2:31:25] and not be included as part of, [2:31:28] from the region's plan. [2:31:29] They don't want to see that carried over. [2:31:30] We felt we made some changes to allow... [2:31:33] Would we like it to remain [2:31:35] the other woodlands where they are? [2:31:36] Yes, that's our preference. [2:31:38] But if they can't, we will allow compensation [2:31:41] because we don't want to... [2:31:43] As Mr. Vacca, it causes red tape. [2:31:45] We don't want to cause that red tape, [2:31:47] but we want to give them a tool to replace that [2:31:50] we feel we at least get some benefit out of it, [2:31:53] and it's at a higher benefit. [2:31:55] So a net benefit if we have to lose it. [2:31:57] But our preference, our first and foremost preference [2:31:59] is remain where it is, but if not, it can be removed. [2:32:03] So that's our goal, long term. [2:32:06] - Okay, thank you. [2:32:07] I've brought up a tree bylaw numerous times before, [2:32:09] and I guess you either protect the trees [2:32:12] to not take them down, [2:32:14] or you replace them if they are taken down. [2:32:16] So I don't know if the development community [2:32:19] likes one over the other, [2:32:20] but I think a municipality has to have one of those. [2:32:23] Because if you don't have either one of them, [2:32:24] then you have no protection. [2:32:27] - Yes, Councilor Strange. [2:32:28] - Yeah, thank you, Mr. Mayor. [2:32:30] Kind of going back to the sunset clause, [2:32:32] and I know Mr. Burgess talked about why. [2:32:34] Well, actually, can you say what... [2:32:36] Just tell everyone 'cause the people meet in the audience [2:32:38] and the thousands of people watching at home. [2:32:42] Just explain why we did put the sunset clause. [2:32:44] Is it working? [2:32:46] And what happens if they don't build by that certain time? [2:32:51] Like I said, is it working though? [2:32:53] Since we implement it, [2:32:54] we've seen more development, [2:32:56] more buildings go up because of it. [2:32:58] And if they don't follow up with it, what happens? [2:33:04] - Thank you, Your Worship. [2:33:05] So, yes, we have seen building happen [2:33:08] as a result of the sunset clause. [2:33:10] Obviously, they try to get in the ground sooner [2:33:12] because they know their zoning is going to expire, [2:33:15] but it's not to say... [2:33:16] We do provide flexibility. [2:33:18] We have the one year extension from the general manager, [2:33:20] so we're not to those dates yet [2:33:22] since we've put it in, a lot of them, [2:33:24] but we're starting to see people action. [2:33:26] So we have a lot of... [2:33:26] So we had an increase in site plan application [2:33:29] 'cause people are starting to move their applications [2:33:31] 'cause they know their sunset date's coming up. [2:33:33] So I have seen that. [2:33:35] So I do think it is working. [2:33:39] Are we going to see every scenario happen as it comes forward? [2:33:44] Maybe, maybe not. [2:33:46] Some people may lose it, [2:33:47] but hopefully we will be a bit flexible [2:33:50] if market condition's right. [2:33:52] Now there is some market conditions out there, [2:33:54] so we understand that, [2:33:55] but we are providing some flexibility. [2:33:57] But I do think it is working in the city. [2:33:59] I think people are concerned [2:34:02] that they might lose their zoning [2:34:04] that they work so hard to get. [2:34:05] So I think it is really working at this point in time. [2:34:08] And I think with the flexibility that we've built in [2:34:10] and council is going to consider as well, [2:34:14] it doesn't hand tie anybody. [2:34:16] It just makes sure people are going to build [2:34:18] what they say they're going to build, [2:34:19] and we're not sitting with [2:34:21] I think we're up to 19,000 units [2:34:23] that are just sitting waiting prior to the... [2:34:26] That was prior to the sunset clause coming in. [2:34:29] - The CAO would like to weigh in. [2:34:30] - Okay, yeah, go ahead. [2:34:32] - Yeah, actually, I've had two conversations [2:34:34] with developers who've not brought theirs forward [2:34:36] because they were waiting for the market timing. [2:34:39] Because as Ms. Dolch said, [2:34:42] part of this is someone comes forward, [2:34:44] there is an expectation that what they propose [2:34:47] they're actually going to build [2:34:48] and they actually have the capability to build it. [2:34:50] There is no obligation currently [2:34:52] for them to live up to their obligations, [2:34:54] but we're stuck with living up [2:34:56] to our obligations to Infinity. [2:35:00] So I think it's fair [2:35:02] that if we're going to grant certain things [2:35:03] and invest the time into it [2:35:05] and potentially hold capacity back, [2:35:08] that they live up to their obligations [2:35:10] or at least be put to that requirement. [2:35:13] And if they don't meet their obligations, [2:35:14] that capacity should be released for someone else to do it. [2:35:18] And as Ms. Dolch says, we're not trying to be punitive. [2:35:21] The market changes. [2:35:22] We can always come to council. [2:35:24] There's a one year extension and council can also extend it. [2:35:27] So there is an element of fairness if market changes. [2:35:30] But like I said, I've talked to two developers [2:35:33] who have decided to postpone their coming to council [2:35:37] until they kind of line up their things before, [2:35:39] where before they might have [2:35:40] rushed to council just to get it, [2:35:42] and then try to flip the property or try to do something. [2:35:44] Now they're actually bringing in development partners [2:35:46] to be able to execute it. [2:35:48] So it's not just whether they actually build. [2:35:51] It's also, are they coming to council prematurely [2:35:54] on something getting approval? [2:35:57] So, we'll see. [2:35:58] What I can say though is, [2:36:01] is there any record that it increases it? [2:36:03] No, but I got pretty good record here [2:36:05] with 19,000 undeveloped units that were approved [2:36:08] that the current system isn't working. [2:36:11] And the definition of insanity [2:36:12] is keep doing the same thing, expecting different results. [2:36:15] - And would there be any alternative of... [2:36:18] Because what happens when we say approve [2:36:21] goes from whatever, agriculture, to... [2:36:23] It wouldn't be agriculture, but something to a higher zone. [2:36:27] Would the taxes go up right away or not until they build? [2:36:34] - Ms. Dolch? - Thank you, Your Worship. [2:36:36] So it takes a little bit of time for impact to catch up, [2:36:38] but they do get notified [2:36:40] of the zoning change when it happens. [2:36:43] So they do consider it. [2:36:44] I couldn't tell you the exact timeframe [2:36:46] that they actually make that change, [2:36:47] but they are aware of it, and it does play a factor. [2:36:51] - Okay. Thank you. [2:36:53] - All right. [2:36:54] Any other comments, Mr. Vacca? [2:36:56] No? - Nope. [2:36:57] - Okay. Thank you very much. [2:36:58] - If I can move on to the second delegation? [2:37:00] Sorry. - Yeah. [2:37:02] - Second delegation is solely for Hummel Properties Inc. [2:37:06] who owns lands fronting onto Willick Road. [2:37:08] A portion of these lands have been [2:37:10] in the city's urban boundary for decades. [2:37:13] The city plans on constructing Willick Road [2:37:17] to full urban standards [2:37:19] as the project was included [2:37:20] in your latest development charges study. [2:37:22] I understand the cost will be in the millions. [2:37:26] I did request. [2:37:27] I'm not sure, Madam Secretary, [2:37:29] if you can put up the two exhibits [2:37:30] that were attached to my... [2:37:33] I think it was page 40 and 41 of the second last link. [2:37:41] - Just give us a moment. - Yep. [2:37:53] Yeah, it's not the official plan. [2:37:54] It's the public comments. [2:37:57] The second last link that's in your agenda. [2:38:30] - [Jim] The silence puts pressure on him to perform. [2:38:37] - [Margaret] Was it the last one or the- [2:38:38] - It was the second last link in your agenda. [2:38:41] And I think it was page 40 and 41. [2:38:47] - [Speaker] Does this count towards his time? [2:38:50] - [Jim] Yes. [2:38:52] (attendees speaking indistinctly) [2:38:54] - Using two minutes. - More pictures. [2:38:56] (Rocky laughing) [2:38:59] (attendees speaking indistinctly) [2:39:04] - I charge much more per hour for that, Jason. [2:39:14] What's that? [2:39:17] (Rocky laughing) [2:39:18] Hey, I wish it was a (indistinct) photographer though. [2:39:27] Oh, here we go. Here we go. [2:39:29] Group shot. [2:39:30] - [Speaker] Got your good side, [2:39:33] the Irish Insider. [2:39:36] - [Speaker] You're standing by the light. [2:39:44] Make sure they reset your time. [2:39:49] - Yeah. [2:40:09] (attendees speaking indistinctly) [2:40:47] - [Jim] How we making out? [2:40:49] Are we getting close or... [2:40:50] Yeah. - There's a lot of [2:40:51] correspondence that came through. [2:40:52] - Okay. - So I apologize. [2:40:53] - [Jim] No. [2:41:13] - [Margaret] Is this the one? [2:41:14] - [Rocky] Yep, if you keep going, [2:41:15] you'll hit exhibit one. [2:41:22] No, that's not the one. [2:41:23] That's the one we just discussed. [2:41:28] - [Margaret] Yes, please. [2:41:34] - [Speaker] Can you forward it to Sam, please? [2:41:37] Sam. - Sam? [2:42:04] - That's the one. [2:42:05] Yeah, exhibit one and two. [2:42:08] - [Jim] 41. [2:42:12] - There we go. - Yeah, that's it. [2:42:15] Okay. [2:42:17] So exhibit one, [2:42:21] the northernmost red line shows [2:42:24] the current urban boundary line [2:42:26] in the current official plan. [2:42:29] The southern red line beside it [2:42:35] is the proposed boundary line [2:42:37] in the draft official plan before you. [2:42:41] And, finally, the solid blue line just below that [2:42:46] is the boundary line we are requesting, [2:42:48] which amounts to a 20 meter extension of the boundary line. [2:42:53] Basically, Mr. Mayor, it's a little bit [2:42:58] more than the wall behind you to the wall behind me. [2:43:02] That's roughly 55 feet. [2:43:03] So that's how much of an extension we're asking for. [2:43:06] That's it, less than the size of a road allowance. [2:43:11] To classify it as a minor boundary adjustment [2:43:14] would be an overstatement quite frankly. [2:43:16] If you can move on to exhibit two, the next page, please. [2:43:22] So exhibit two shows as a concept plan [2:43:24] of what can be developed [2:43:26] if the boundary line is expanded by 20 meters. [2:43:30] It results in 91 lots or units [2:43:34] and substantially more on the abutting lands [2:43:37] from Sodom to Willoughby. [2:43:41] We have quantified that the development charges [2:43:44] would be approximately $8 million [2:43:47] which would fund the construction cost of Willick Road [2:43:50] probably three times over. [2:43:53] So the planning reasons in support of the request [2:43:55] are to contribute to the cost recovery [2:43:57] of building Willick Road, [2:43:59] which supports sustainability of the city. [2:44:02] Two, the boundary adjustment is natural [2:44:04] and logical in these circumstances. [2:44:07] Three, the failure to adjust the boundary [2:44:09] would result at best in 19 signal lots [2:44:12] fronting on Willick Road, [2:44:14] each over 200 feet deep. [2:44:16] This would be a very inefficient use of urban lands. [2:44:19] Four, there is immediate access [2:44:21] to servicing on Willick Road. [2:44:23] Five, it's a logical choice for expansion [2:44:26] because it is not near any sensitive [2:44:28] or incompatible land uses, [2:44:30] such as industry, chicken barns, livestock, [2:44:33] farms, et cetera. [2:44:35] Six, the lands are in close proximity [2:44:37] to the new South Niagara Hospital [2:44:39] where many new jobs will be created. [2:44:42] Seven, the lands are in close proximity [2:44:44] to major highway interchanges. [2:44:48] So in summary, we're requesting that [2:44:49] the current boundary line [2:44:50] and the draft official plan before you [2:44:53] between Sodom Road and Willoughby Drive [2:44:55] be extended to the south by 20 meters [2:44:58] as shown on the blue line as exhibit one. [2:45:00] That is the request. [2:45:02] - Okay. [2:45:03] Maybe we'll start with staff [2:45:05] and then questions or comments of council. [2:45:07] And then if council wanted to go in this direction, [2:45:10] what would have to happen? [2:45:13] - Thank you, Your Worship. [2:45:14] So we did do a minor adjustment to the boundary. [2:45:19] And as we noted early on, [2:45:22] is that minor boundary just followed [2:45:24] the closest lot line to the south. [2:45:26] Because right now, [2:45:28] that urban boundary is floating in the middle of the lots. [2:45:32] There was no clear delineation on where that boundary was. [2:45:36] So we dropped it to the nearest lot line. [2:45:38] That's where you saw the first red line. [2:45:40] If we can just go up one. [2:45:43] Yeah, so that's where you saw... [2:45:45] Actually, the first red line is the current one. [2:45:47] The second red line, you can see that lot that we used [2:45:50] to kind of make sure we knew [2:45:51] exactly where the boundary would be. [2:45:54] So, we can make those kind of adjustments [2:45:58] because it follows clear lines. [2:46:00] We can follow creeks. [2:46:01] We can follow all these things, roads. [2:46:04] So those are things we can adjust [2:46:05] if it doesn't make sense. [2:46:08] The difficulty with further expansion beyond that [2:46:11] is there comes a point where when is it... [2:46:14] Is there a need for additional urban land? [2:46:18] I know Mr. Vacca has his points on additional need, [2:46:21] but there's certain policy thresholds [2:46:22] in the provincial policy statements [2:46:24] that have to be considered. [2:46:25] So we cannot recommend, obviously, to the province [2:46:29] without additional backing. [2:46:33] If it was just servicing and things like that, [2:46:34] those are technical studies, [2:46:36] but this is a need study, and why... [2:46:38] The question would then become why expand here? [2:46:41] Why not expand elsewhere? [2:46:42] So we need to have those assessments. [2:46:44] And that's why, in our new official plan, [2:46:46] we put in policies to allow for urban boundary expansions [2:46:49] provided you demonstrate these things. [2:46:51] And it goes through that process [2:46:53] so that we can evaluate those that want to expand [2:46:56] and consider it if there is a need. [2:46:59] We don't feel there is at this point, [2:47:00] but maybe consultants can demonstrate there is one. [2:47:02] So next steps. [2:47:04] Obviously, if council decides to expand this boundary, [2:47:07] ultimately, be up to the province to make that decision. [2:47:11] I know even with our Sodom Road site, [2:47:13] they have some concerns they're not meeting policy. [2:47:16] So I would... [2:47:18] Whether or not they would approve this, [2:47:20] that would be a big question mark [2:47:22] just based on provincial policy. [2:47:24] But those are the options you have. [2:47:26] - Questions or... [2:47:27] Councilor Strange. [2:47:29] - Thank you. Mr. Mayor. [2:47:31] So, Mr. Vacca, what you're... [2:47:33] So the person that owns that land owns all the blue there? [2:47:39] - Yes. [2:47:40] Well, there's two separate landowners, sir. [2:47:42] Hummel Properties owns... [2:47:45] If you go to exhibit two, [2:47:46] you can see better what Hummel Properties owns. [2:47:50] Yeah, so what is laid out as a subdivision [2:47:54] is what Hummel Properties has. [2:47:56] And then to the north of that [2:47:58] as you go towards Sodom, I believe, [2:48:02] that is another landowner. [2:48:03] - That's another land. - Yep. [2:48:04] So we're just saying [2:48:06] the boundary that you're proposing, [2:48:08] if you're going to expand it 20 meters, [2:48:10] it should go all the way up. [2:48:11] If you don't want to go all the way up, that's up to you. [2:48:14] I'm here on behalf of Hummel. [2:48:15] I'm not here on behalf of the other landowner, [2:48:17] but doesn't make sense to have a zigzag boundary line. [2:48:20] - Just have a line with the other property. [2:48:23] - Yeah. Yeah. [2:48:24] - And how many units would that add? [2:48:26] - Well, that would get you 91 units. [2:48:28] - 91 units. [2:48:29] - And we're saying if you don't add to the boundary, [2:48:31] you're going to have 19 lots fronting on Willick, [2:48:34] which are well over 200 feet. [2:48:36] So it all comes down to efficiency of the development. [2:48:40] These are urban lands that [2:48:42] if you don't get the extra 60 feet, [2:48:45] you're basically doing a very inefficient use of urban lands [2:48:49] with only 19 very deep lots. [2:48:52] - And you said they're reconstructing which road? [2:48:54] - Willick. - Willick Road already. [2:48:56] Okay, so. [2:48:57] Okay. Thank you. [2:48:59] - And we're willing to take our chances with the ministry. [2:49:01] We think we have very valid reasons to support it. [2:49:04] And I appreciate your planning director's comments. [2:49:07] It is up to them, [2:49:09] and we will take our position to the minister. [2:49:12] We just need your support. [2:49:14] I think it makes sense. [2:49:15] It's a very minor adjustment to what's before you. [2:49:20] - Questions or comments of the rest of council? [2:49:24] So at what point, if we wanted the province to consider it, [2:49:29] at what point do we do this? [2:49:29] Madam Clerk, is this after the meeting or... [2:49:34] Okay. Ms. Dolch? [2:49:36] - Thank you, Your Worship. [2:49:37] So, obviously, this is just a public meeting right now, [2:49:39] but prior, on August 11th, [2:49:41] obviously prior to your final decision, [2:49:44] if you want to make a comment tonight, [2:49:45] we can obviously take that back. [2:49:47] But I think in the end, [2:49:49] the final recommendation would be modified [2:49:51] and you would add this in at that time on August 11th [2:49:54] for that to proceed to the province. [2:49:56] - Okay. Thank you. [2:49:57] All right, so is there anything else you've got? [2:50:00] - Nothing further. [2:50:01] - Pose for a few more pictures, otherwise. [2:50:03] - [Mike] Change your shirt. [2:50:06] - You know what, if you're going to do one, [2:50:07] I want counsel in the background. [2:50:10] - [Speaker] Can I get a selfie? [2:50:11] - [Rocky] Yeah, yeah, hold on. [2:50:14] - This is classic. This is classic. [2:50:20] Turn around. He's doing a selfie. [2:50:23] - I'll let you push the button. [2:50:27] - Beautiful. [2:50:33] - Hey, Mayor Jim, smile. - Smile. [2:50:37] What a team. Look at you two. [2:50:43] - It's for fun. - You may see these [2:50:44] on a website that I'm in, but... [2:50:46] - I'm counting on it. - Thanks everyone. [2:50:47] - All right, thank you very much. [2:50:49] Madam Clerk, who do we have next? [2:50:55] - The next person registered to speak is Jeremy Brown. [2:51:19] - Are we ready yet or... [2:51:23] Awesome. [2:51:25] Okay, first off, I just wanted to thank everyone, [2:51:27] planning staff, council, mayor, [2:51:30] and the consultants for all their hard work thus far [2:51:33] on the official plan. [2:51:35] So my name is Jeremy Brown. [2:51:37] I'm a planning consultant with Niagara Planning Consultants. [2:51:40] I'm here representing [2:51:42] the owner of 8356 Thorold Stone Road, [2:51:45] which is this property right here, as you can see. [2:51:50] I have emailed digital copies of these plans to everyone. [2:51:54] Unfortunately, we were behind on the deadline yesterday, [2:51:58] but you do have those in your inboxes. [2:52:03] So if you look at the poster, [2:52:05] you'll see that property located on the southwest corner [2:52:08] of Thorold Stone Road and Kalar Road. [2:52:10] The eastern edge of our client's property is 88.5 meters [2:52:14] from that intersection and the urban area boundary, [2:52:17] and we are asking council to review this line [2:52:20] and include the existing developed residential cluster [2:52:23] immediately west of this commercial plaza, [2:52:26] which is right here at 8278. [2:52:28] There's a commercial plaza. [2:52:29] It's not prime agricultural, it is commercial, [2:52:33] and is currently being designated as prime agricultural [2:52:37] along with all of these residences, [2:52:38] which, as far as I can tell from aerial photography, [2:52:41] have never been prime agricultural for anything. [2:52:45] So this specific... [2:52:48] Oh, sorry. [2:52:49] We are not asking for a rezoning. [2:52:51] We're not asking for immediate development approval. [2:52:53] We're not asking for any removal [2:52:55] of environmental protections [2:52:56] or expanding into broader agricultural lands. [2:53:00] We are simply asking to correct what appears to be [2:53:04] a small boundary inconsistency [2:53:06] before the official plan is finalized. [2:53:08] This specific pocket of land [2:53:10] already functions as an urban area, [2:53:12] and it sits right beside, as I said, the commercial plaza. [2:53:16] And then across the street is also the Vector Court, [2:53:20] which you see uses this creek, Shriners Creek, [2:53:25] as the boundary here. [2:53:27] And so in using this creek, [2:53:30] we're proposing a firm line that [2:53:33] allows a more consistent urban boundary [2:53:37] in this specific pocket. [2:53:42] Let's see here. [2:53:43] Furthermore, this site is perfectly positioned [2:53:47] to capitalize on existing municipal investments. [2:53:50] Kalar Road already equipped with full municipal services, [2:53:54] including large diameter sewer, water mains. [2:53:57] So it makes logical sense to maximize [2:53:59] the efficiency of this existing infrastructure. [2:54:04] And so in the spirit of transparency, [2:54:06] we want the council to know [2:54:08] the long-term vision for this site. [2:54:10] If the boundary is corrected, [2:54:12] they're intending to pursue residential development here [2:54:16] which would obviously help with the numbers [2:54:18] and the goals set in the official plan. [2:54:22] Additionally, the owner of 8328, 8335, [2:54:28] this parcel is already in talks to purchase [2:54:32] and be included in this proposed development. [2:54:36] In summary, this is a modest... [2:54:39] Excuse me. [2:54:40] This is a modest mapping request [2:54:41] with a significant long-term public benefit. [2:54:43] We respectfully ask that council direct planning staff [2:54:46] to review this boundary in consistency [2:54:48] and determine whether a minor refinement [2:54:50] would create a more logical, defensible, urban edge. [2:54:54] Thank you for your time, your leadership, [2:54:55] and your consideration. [2:54:57] I would be happy to answer any questions you may have. [2:55:00] - Any questions for... [2:55:03] Any questions or comments of council? [2:55:08] Okay. [2:55:08] And yes, Councilor Patel? [2:55:10] - Question through, Mr. Mayor. Thank you. [2:55:12] What is the green or yellow area behind the red line? [2:55:15] - Yeah, so that is the protected Shriners Creek area. [2:55:19] So it's NPCA regulated as well. [2:55:23] A portion of this land is NPCA regulated, [2:55:25] so obviously any future development would require [2:55:28] planning staff approvals in conjunction with the NPCA [2:55:31] and all governing agencies. [2:55:35] - So, through you, Mr. Mayor. [2:55:36] In that house, there's one house that's owned by [2:55:40] a gentleman, I think. [2:55:41] So is there services there? [2:55:44] - So there are services on Thorold Stone Road right now. [2:55:49] If there's a larger development, [2:55:50] I believe they would want to tap into [2:55:52] the Kalar Road services, which are built up larger. [2:55:57] So that would ultimately be the plan of the development, [2:55:59] but obviously no development would be pursued. [2:56:02] We've already done pre-consultation meetings with staff. [2:56:04] Nothing would be able to be pursued [2:56:06] without the urban boundary adjustment first. [2:56:09] - Thank you. - Yep. [2:56:10] - I just figured, while we've got our consultants here, [2:56:12] maybe Mr. Nethery, [2:56:14] since this is an urban boundary expansion, [2:56:17] maybe he might be able to offer some comment on the request. [2:56:23] I know you couldn't see from your angle, but... [2:56:26] - No, through you... [2:56:28] Through Your Worship, we have the letter. [2:56:31] We have the submission, and that's there. [2:56:34] The best that I'm going to be able to offer today [2:56:36] is that we will take this submission in [2:56:39] along with any other information [2:56:40] that's coming in from anyone else tonight, [2:56:42] and it'll be reviewed and assessed and with a report back [2:56:46] as a part of the final recommendation. [2:56:47] That's the best I can do for you today. [2:56:49] - That's great. [2:56:50] Oh, we do have one question, gentlemen. [2:56:52] Councilor Lococo. [2:56:54] - [Lori] Does Ms. Dolch have any comments on this one? [2:56:57] - Ms. Dolch, did you want... [2:56:59] - Thank you, Your Worship. [2:57:00] I'll just make one brief comment. [2:57:01] And again, same thing applies as did to the last speaker. [2:57:05] The provincial policy statements advise [2:57:08] on urban boundary expansions, [2:57:10] and our policies have [2:57:12] urban boundary expansion policies in them, [2:57:14] for people to make applications in the future. [2:57:16] Right now, I don't feel we have need [2:57:20] just based on our calculations. [2:57:21] But again, through a process, [2:57:23] once this official plan's approved, [2:57:24] they could apply and do their needs analysis [2:57:27] to put something forward at that time. [2:57:30] But again, under the provincial guidance, [2:57:31] under the PPS, provincial policy statements, [2:57:34] there is a requirement to demonstrate need. [2:57:39] - Okay, I think we're good for now, [2:57:41] and they'll take it under advisement and come back to us. [2:57:43] Thank you, gentlemen. [2:57:45] Okay. Madam Clerk? [2:57:49] - Next up, I have Robert and Donna Soyka. [2:57:54] - Are they online or in person? [2:57:57] - [Donna] Oh, that's me. [2:57:58] That's me, Your Honor. [2:57:59] Oh, yeah, if you'd like to come to the microphone. [2:58:00] - No, I just registered to be here, not to speak. [2:58:03] - Okay. [2:58:04] Okay. Thank you. [2:58:05] No problem. [2:58:07] All right. Who do we got next, Madam Clerk? [2:58:09] - Moving along, we have Dr. John Bacher. [2:58:13] - Okay, Mr. Bacher, [2:58:15] if you can just state your address. [2:58:19] And then of course you've got up to five minutes. [2:58:22] - Yeah, I live at 134 Church Street. [2:58:27] Dr. Bacher. [2:58:32] When I [2:58:34] read the official plan that's being proposed, it was [2:58:42] actually one of my happiest moments in my life [2:58:45] because it corrected a lot of egregious loopholes [2:58:50] in past official plans, [2:58:52] both at the region and in Niagara Falls. [2:58:58] Loopholes which led to unnecessary litigation [2:59:02] at the Ontario Municipal Board in LPAT. [2:59:08] Now I'll read the clause that I was so pleased [2:59:13] to see in the plan. [2:59:17] Policy 6.4.14.1. [2:59:22] It states when a feature such as a significant woodland [2:59:26] or other woodland at the date of the approval of the plan [2:59:30] or the regional plan, whichever is applicable, [2:59:33] no longer meets the definition of significant [2:59:37] because of disturbance, [2:59:39] the feature shall retain [2:59:43] its nature as a significant woodland. [2:59:49] Now this corrects problems [2:59:53] that have been caused by [2:59:56] developer-approved environmental impact statements, [3:00:04] often which are compiled [3:00:08] where people are not able to go on site [3:00:11] to see if the conditions are actually true. [3:00:17] Now, this was shown most egregiously [3:00:21] in the long process at Riverfront. [3:00:31] And there was a environmental impact study that said [3:00:37] an area of significant woodland [3:00:40] was going to lose that characteristic [3:00:43] under the regional plan [3:00:46] based on what was to happen in the future, [3:00:50] not what was actually there. [3:00:53] And they claimed that most of the trees in this woodland [3:00:58] were sick and dying. [3:01:01] And this was totally refuted [3:01:04] after all the land use planning approvals had been done. [3:01:08] Even at a court litigation, [3:01:12] the judge dismissed my request for appeal [3:01:17] based on this erroneous statement [3:01:19] and the environmental impact statement [3:01:22] actually gave me a cost of war. [3:01:25] And the city also still is party to this cost of war. [3:01:31] And it said... [3:01:35] This tree-saving plan refuted [3:01:41] the claim that this area of 1,775 trees, [3:01:52] they found in the tree saving-plan [3:01:55] no obvious sign of widespread disease was present. [3:02:00] So that was what it's required [3:02:03] under the regional tree bylaw, [3:02:06] that this tree saving plan be done. [3:02:09] And it was found that all the trees were healthy. [3:02:12] It was totally bogus, this environmental impact statement [3:02:17] that was submitted to council. [3:02:21] And this is a very important corrective [3:02:24] sort of nonsense ever happen again. [3:02:34] And they found that many of the trees, [3:02:40] ash trees were actually minority in this woodland. [3:02:44] The most numerous trees were cottonwood. [3:02:47] Some of very large diameter [3:02:49] quoting from the tree-saving plan. [3:02:52] - [Jim] Mr. Bacher, you've only got about a minute to go. [3:02:54] Is there anything about the- [3:02:55] - Yes, we heard a lot from Mr. Bacher went on much longer. [3:03:04] And I would say that the other point is that [3:03:08] this good provision has been weakened by the regional plan [3:03:12] designating a lot of woodlands as, [3:03:16] the new term is other wetlands, [3:03:19] before they were called provincially significant woodlands. [3:03:24] So this policy should also be applied [3:03:29] to what are called locally significant woodlands [3:03:32] in the official plan. [3:03:34] And these areas receive further protection [3:03:40] under the provincial policy statement [3:03:43] because they're significant [3:03:45] woodland amphibian breeding habitat. [3:03:48] Under the provincial policy statement, [3:03:52] there is a provision for [3:03:54] provincially significant wildlife habitat. [3:03:59] And the most obvious form [3:04:01] of provincially significant wildlife habitat [3:04:05] is in these other wetlands. [3:04:09] And they're very easy to... [3:04:11] It's shown in the wetland studies themselves that they are [3:04:18] a very good woodland breeding habitat for amphibians. [3:04:23] So that is the key thrust of my presentation. [3:04:29] - Thank you. Thank you. [3:04:30] Do we have any questions or comments of council? [3:04:35] Okay, thank you very much. [3:04:37] Thank you. [3:04:39] Madam Clerk? [3:04:41] - The next registered participant is Mr. David Rupay. [3:04:46] - David Rupay, is he online or in person? [3:04:49] - Everyone was registered to be in person. [3:04:51] - Okay. [3:04:53] Okay, looks like he's a no show. [3:04:54] So we'll go to the next one. [3:05:00] - Sorry. [3:05:01] The next person we have registered is Jean Grandoni. [3:05:24] - I have some maps here, Mr. Chairman. [3:05:27] - Okay. [3:05:29] - There's two maps and one picture. [3:05:31] - You may want to pull that microphone down a little bit [3:05:33] so we can hear you. [3:05:36] Yeah, that too. [3:05:37] - I have a set of... [3:05:39] I only have 12 of each. [3:05:42] - Okay. - They're stapled together. [3:05:44] - We can send some. [3:05:45] Okay, our general manager of planning is going to [3:05:49] come and grab that or... [3:05:50] Oh, we've got our [3:05:54] senior manager of long-term planning. [3:06:08] Just give us half a second. [3:06:09] We'll [3:06:12] hand them out. [3:06:23] Oh, thanks. [3:06:25] Get one for yourself too, don't forget. [3:06:38] - Perhaps I could just explain the maps before I speak. [3:06:42] - Pardon me? [3:06:43] - Can I explain the maps a bit before I speak? [3:06:45] - Yeah, we haven't started the clock yet. [3:06:47] We're just waiting till everyone has a copy of the map. [3:06:52] Everyone's got one. [3:06:55] Does everyone have their copies? [3:06:58] Okay, good. [3:06:59] Okay, we're good to go, Ms. Grandoni. [3:07:04] - The map was showing the former [3:07:07] vineyards and orchards is... [3:07:13] (Jim speaking faintly) [3:07:15] Oh, yes. [3:07:18] It was expensive to copy. [3:07:23] The map should... [3:07:25] Oh. [3:07:29] The one map entitled [3:07:31] "Shriners Creek Environmental Impact Study" [3:07:34] is actually a map produced by the city. [3:07:36] It's a 1966 topographical. [3:07:40] And this is an excerpt from the larger city map. [3:07:45] And the red is your former vineyards. [3:07:49] Green is former family orchards. [3:07:52] And I should explain that [3:07:55] up here you see just a few dots [3:07:57] because those are much larger acreages. [3:08:00] Down here is smaller acreages, so you see more. [3:08:04] And I should point out these moon-shaped dots or red dots [3:08:10] over here along the town line are formerly [3:08:13] Mr. Davis and Mr. Lemick, two Grape Kings, [3:08:16] and they competed with the grape kings below the escarpment. [3:08:21] - [Jim] Okay. [3:08:24] - Or with grape growers below the escarpment. [3:08:27] Excuse me. [3:08:32] The next map, [3:08:34] well, you have a picture there, [3:08:35] that's Mr. Davis's, the Grape King's produce, [3:08:40] his Concord grapes. [3:08:45] The soils map of Welland County, [3:08:47] I though you should see that [3:08:49] and see the direction we've been going all these years. [3:08:53] Over in this area here to the east [3:09:00] towards the Niagara River, [3:09:02] this is all the city of Niagara Falls. [3:09:04] You can see they built on all the fruit land. [3:09:09] And the HC is the area I'm talking about here. [3:09:14] About half of that. [3:09:15] The other half is in Thorold. [3:09:17] That's your Haldeman Clay. [3:09:19] And some, there is a site... [3:09:22] We did have a soils map that called it HCL, [3:09:26] the area that I'm talking about. [3:09:29] The Haldeman clay loam, [3:09:32] which is actually more accurate. [3:09:41] I'll start on my letter. [3:09:47] The agricultural designation of farmlands [3:09:50] between Niagara Falls and Thorold [3:09:52] and between the escarpment and the Welland River. [3:09:55] The schedule two map entitled "Land Use Designation" [3:09:58] shows them as prime, but they are actually higher than that. [3:10:02] They should be designated specialty crop [3:10:05] and belong in the green belt. [3:10:09] Their fruit and grape capability was proven [3:10:11] in the eight-week-long February 9th, 1979 [3:10:15] Ontario Municipal Board hearing on the urban boundaries [3:10:18] of the regional policy plan. [3:10:21] The chairman, Mr. Blake and Mr. Blair [3:10:23] on page 10 of that decision concluded [3:10:26] that the lands are good agricultural lands, [3:10:28] which because of climatic advantage, [3:10:31] have good potential for such crops as grapes, [3:10:35] pears, apples, plums, prunes, corn, [3:10:39] and other grain crops, [3:10:40] and are capable of better than average yields. [3:10:44] The Beaverdams Winery existed [3:10:46] at the intersection of Beaverdams and Garner Roads, [3:10:49] but the farmer owner, Mr. Tatterson [3:10:51] died very young and the winery was lost. [3:10:55] This is all part of the history of this area. [3:10:58] My father knew the owner, [3:11:00] and I met one of the sons [3:11:01] who gave us a picture of the inside of this winery, [3:11:05] which is demolished in the '70s approximately. [3:11:08] And the son told us how he was selling wine [3:11:11] as far away in those days [3:11:13] was quite an accomplishment in Hamilton [3:11:16] and how good the wine was. [3:11:19] A new winery has recently been built on Highway 20 [3:11:22] between Beechwood and Townline Roads, [3:11:25] along with a supporting vineyard. [3:11:30] Now my late brother Peter calculated around [3:11:32] 600 acres of grapes in various locations [3:11:36] along with small family orchards were grown here, [3:11:39] but have been removed mostly by land speculators. [3:11:42] Some were removed by farmers [3:11:44] under the unfortunate and mistaken grape pullout program [3:11:49] where incompetent government paid them to remove [3:11:52] valuable Lambrusco type vineyards. [3:11:56] The area produced two grape kings, [3:11:58] Mr. Davis and Mr. Lemick, on the Townline Road, [3:12:02] east and west sides. [3:12:04] Years ago in the '60s and '70s, [3:12:07] the escarpment scientists wanted to take control [3:12:09] of all the lands between the QEW and Thorold [3:12:13] and between the escarpment and the Welland River [3:12:16] due to their spring-fed pike spawning streams and ponds. [3:12:20] It's provincially significant wetland forests [3:12:23] and unique, unique farms and farmlands, [3:12:26] but the political forces of that day [3:12:28] voted against the protection [3:12:30] of this natural heritage richness. [3:12:37] 47 years have passed since the 1979 OMD decision, [3:12:43] and the truth has still not been mapped. [3:12:47] The council should move that the designation [3:12:50] be changed to specialty crop [3:12:54] and put it in the green belt, [3:12:56] If you can get past Ford. [3:13:00] Point two, two majestic wetland forests [3:13:02] exist south of Mountain Road [3:13:04] between Kalar and Garner. [3:13:07] It is disturbing to see that they are only [3:13:09] faintly mapped in schedule two land use designations [3:13:13] and especially when other much smaller forests [3:13:15] are clearly shown. [3:13:18] Having seen the original development plans [3:13:20] prior to Doug Ford's dictatorial ministerial zoning order [3:13:24] where partial destruction [3:13:26] of both these forests was proposed. [3:13:30] What are the latest plans here? [3:13:33] These forests contain a high number of wetland vernal pools [3:13:38] 'cause I have walked them, [3:13:39] and rare, threatened buttonbush, which flower in August. [3:13:43] The Fernwood plan forest also contains buttonbush [3:13:48] and this is one big reason it was preserved. [3:13:51] The developer's own ecologist, that is a Fernwood, [3:13:55] recommended preservation of the Fernwood forest buttonbush. [3:14:01] Hundreds of frogs will be lost with disturbance [3:14:04] of any part of these two landmark forests. [3:14:07] You must visit the forest in April when it's dark [3:14:12] or when it first warms up to hear the frog mating calls [3:14:16] to know of their existence there. [3:14:20] Cougars, I am told, frequent these forests. [3:14:23] And I just learned this this year from the neighbor there. [3:14:28] Cougars, I am told, frequent these forests [3:14:31] as evidenced in video captured on night filming. [3:14:36] A herd of eight deer were seen crossing Garner Road [3:14:39] from east to west, from the direction of these forest, [3:14:42] and just missed my car. [3:14:45] When you destroy your forest, [3:14:46] you're destroying the very source of the wood [3:14:49] that you need to build your houses [3:14:52] because a properly managed forest will provide that. [3:14:57] You also destroy as many jobs as you think you are creating. [3:15:01] With such destruction, it will be difficult [3:15:03] to achieve the provincial goal of 30% forest cover. [3:15:08] In recent years, the Niagara Escarpment Commission [3:15:11] tried to include these two majestic forests [3:15:14] and adjacent lands in their protective control. [3:15:17] But once again, good planning was denied [3:15:19] by the political forces. [3:15:22] Point three, the Welland River Watershed Plan. [3:15:25] Where is it? [3:15:26] Plans were done on the upper end, [3:15:28] but when they started on the Niagara Falls lower end, [3:15:31] the watershed plan seemed to be delayed or to disappear. [3:15:35] Where is the floodplain mapping? [3:15:37] Development of all kinds does not appear [3:15:40] to be respecting the river floodplain. [3:15:44] Point four. [3:15:45] Point four and five are missing [3:15:48] or faintly mapped forests and creeks. [3:15:51] And I missed a couple. [3:15:53] There's so many of these. [3:15:54] I missed two tributaries myself [3:15:58] that come out of the Fernwood subdivision. [3:16:03] Strange that you are draining hundreds of acres [3:16:05] of urban lands through these creeks, [3:16:08] causing greatly increased flows through both the urban lands [3:16:11] and to downstream landowners, [3:16:13] yet seem reluctant to strongly recognize them [3:16:17] in your mapping. [3:16:19] They are mostly headwaters [3:16:20] that are spawning grounds for fish, [3:16:22] and therefore protected under the Federal Fisheries Act. [3:16:26] You need a storm water policy that dictates [3:16:29] that our streams be left open and not channelized. [3:16:34] One engineer said that the worst thing invented [3:16:36] is the storm sewer pipe. [3:16:39] Point six, missing wildlife corridors of travel [3:16:42] throughout the city, [3:16:44] especially to connect wildlife to escarpment [3:16:46] and to Welland River and beyond. [3:16:49] Wildlife need access to clean water [3:16:51] is found in wetland forests since our streams [3:16:54] are mostly all polluted, especially in the north, [3:16:58] between the Welland River and the escarpment. [3:17:02] Point seven, flood lines. [3:17:04] Where are they for the Wellland River? [3:17:06] Currently, new subdivision homes [3:17:08] are being proposed too close to the Welland River, [3:17:12] which should be accessible to public, [3:17:14] especially in the future, as it gets developed in wildlife. [3:17:18] Ecosystems such as forests and creeks [3:17:21] should be connected to rivers and escarpment lands. [3:17:26] If creeks are piped, flood lines cannot be preserved. [3:17:30] And I have a statement here [3:17:31] that I thought of after I'd written all this. [3:17:34] In fact, your basements become the floodplain. [3:17:38] In other words, they get flooded when you build them [3:17:41] in farmer creek areas. [3:17:49] Velocity- - [3:17:50] - [Jim] I need you to wrap up. [3:17:51] we're 10 minutes in. [3:17:52] - Okay, velocity is increased and downstream suffers [3:17:58] tree and crop losses when creeks are piped. [3:18:07] With regard to the gentleman that was just asking [3:18:10] for urban boundary expansion, I'm dead against it, [3:18:13] and you can bet that the Kaylor Road pumping station [3:18:16] can handle it. [3:18:18] They have no business adding outside the boundary. [3:18:21] That station was built for the drainage area. [3:18:28] But what was inside the boundary? [3:18:30] not outside the boundary. [3:18:32] And they've already got too much in there [3:18:34] as far as I'm concerned. [3:18:36] Can't handle what you got. [3:18:43] And you certainly don't need it. [3:18:48] I have a big map if this doesn't satisfy you. [3:18:52] I have the big one there from the city. [3:18:57] Yeah. [3:18:59] And one thing you should know, [3:19:02] I might as well tell you while I'm here, [3:19:04] this area up here, [3:19:07] that actually should have gone into the 10-mile creek. [3:19:09] When they diverted the hundred acres [3:19:12] from the headwaters of the 10-mile [3:19:14] into the W51 of the Shriners, [3:19:17] they had to go so deep because it was a different watershed. [3:19:21] They had to go so deep that they [3:19:24] dried up the springs that fed the W51. [3:19:31] Yeah, they dried up the springs that went through there. [3:19:41] - Sorry. Do we have any questions for Ms. Grandoni? [3:19:46] No? Okay. [3:19:48] No, I appreciate these, [3:19:49] and these maps we're going to... [3:19:50] our consultants and our staff and council [3:19:53] will utilize these maps as well. [3:19:55] - And we're on a suicide course. [3:19:58] I just want to repeat. [3:20:02] This was all tender fruitland. [3:20:04] And an interesting story that Dr. Jim McGarry [3:20:07] told me years ago about how these fruitlands were lost. [3:20:16] Because when they dug the hydro canal, [3:20:19] they de-watered and it changed all the fruit trees, [3:20:22] and they had to get water lines. [3:20:25] And my dad said that it actually dried up [3:20:28] a lot of the springs that fed the Shriners. [3:20:31] - When they put in the hydro canal? [3:20:32] - Yeah, the open cut. [3:20:33] It should have been tunneled. [3:20:36] Hindsight. - Yeah, right? [3:20:37] I know, 'cause it's all sandy loam in that area, I see. [3:20:40] - The best in the world. [3:20:42] Dr. Jim McGarry also told me that when [3:20:48] this Mr. Berger must have been a patient of his. [3:20:52] He went all over the world looking for a place to farm. [3:20:56] He was in Australia, California, Africa. [3:21:01] And he chose Stanford Township, now Niagara Falls, [3:21:04] because of the soil capability and the climate. [3:21:09] And now St. Catharines is just as bad [3:21:11] for having destroyed all the, [3:21:13] being built on all the fruitland [3:21:15] as if there was no other place to go. [3:21:17] It was actually better than what was in Niagara-on-the-Lake, [3:21:20] this one farm, old Jack Mira. [3:21:22] You remember Jack Mira? I don't know. [3:21:24] He said... [3:21:29] He said... [3:21:36] I'm forgetting what I wanted to say. [3:21:40] Oh, Jack Mira told me, he says [3:21:43] they went to Niagara-on-the-Lake [3:21:45] after they destroyed what was above here [3:21:47] and in St. Catharines. [3:21:49] And then they had to drain all that. [3:21:51] It was all wetland. [3:21:52] That's why you see those big ditches down there. [3:21:55] Niagara Falls and St. Catharines actually had better land. [3:21:59] That concludes my presentation. [3:22:02] - Okay. Thank you, Ms. Grandoni. [3:22:06] Thank you for this. [3:22:14] Okay, Madam Clerk, do we have anyone next? [3:22:17] - Yes, we do. [3:22:18] We have Feng Xi. [3:22:31] - Hello, if you can just state your name and your address. [3:22:33] And you have up to five minutes, if you would. [3:22:36] - Okay. Good evening, Mayor, member of our council, [3:22:39] and the city staff. [3:22:42] Thank you for this opportunity for the speak today. [3:22:45] So my name is Feng Xi. [3:22:47] I'm a professional engineer, [3:22:49] and I have lived and work in Network Force [3:22:53] more than eight years. [3:22:56] So my children grew up here [3:22:58] and this city is not where I work, [3:23:02] but also my family calls home, right? [3:23:10] First of all, I fully support the protecting our [3:23:14] natural environment, [3:23:17] but my concern is it's not the city's environmental goals, [3:23:23] but my concern is whether the policies are clear, [3:23:27] practical, and easy to apply. [3:23:33] So the number one is regarding to the other wetland [3:23:37] and the other woodland. [3:23:39] The provincial planning statement [3:23:42] already provides a very clear framework [3:23:45] for protecting the important nature heritage features. [3:23:50] So if the city wants to introduce a new policy categories, [3:23:56] so I believe it should be clear explained [3:24:00] why they are needed. [3:24:03] I also have some concern about the proposed [3:24:07] this three-to-one, five-to-one compensation ratio [3:24:13] for the other woodland and other wetlands. [3:24:18] I have not found any similar requirements in the PPS [3:24:23] or Provincial Natural Heritage Guidelines. [3:24:29] The draft official plan also does not explain [3:24:33] why this ratio were chosen [3:24:36] and whether they are used by other, [3:24:40] like Ontario municipalities. [3:24:44] So without those information, [3:24:46] it's a difficulty to understand [3:24:48] whether these requirements are practical. [3:24:53] So for this reason, [3:24:54] I respectfully to ask the council [3:24:57] to remove the other woodland [3:24:59] and the other wetland policy category [3:25:02] unless the city can provide clear scientist reasons [3:25:09] and practical employment rules. [3:25:16] So, myself, I believe good planning [3:25:20] should only introduce a new policy [3:25:24] when it is a clear need and clear benefit, [3:25:30] but I don't see this explanation in the draft plan, [3:25:34] draft official plan. [3:25:36] So another concern is about the term of no negative impact, [3:25:44] and to satisfy of the city. [3:25:48] So these policies tells us the goal [3:25:51] but they don't well explain how [3:25:55] the applicants can prove they meet those requirements. [3:26:03] From my professional experience, [3:26:05] I have worked for like a project [3:26:09] that were revised many times about a yes, [3:26:13] because there's no clear standard for [3:26:17] deciding when this no negative impact were achieved. [3:26:25] So without very clear standards, [3:26:29] different reviewers may reach different conclusions [3:26:34] in the same project. [3:26:36] So increase the delay uncertainty [3:26:39] and unnecessary cost. [3:26:43] So my opinion is a good official plan [3:26:48] is not creating by adding more policy. [3:26:53] It's to creating a policy clear, [3:26:58] objective, based on the science, [3:27:01] and easy to apply. [3:27:05] - Okay. [3:27:06] Thank you, Mr. Xi. [3:27:07] I'll see whether or not our staff have any comments, [3:27:09] and then whether or not there's any questions of council. [3:27:13] - Thank you, Your Acting Worship. [3:27:18] So I'm just going to just make reference to a couple things. [3:27:20] Obviously, I've talked about other wetlands and woodlands [3:27:23] under previous requests for removal, [3:27:26] but I know you asked the question as to why. [3:27:28] So, obviously, protections, [3:27:30] we're allowed to go beyond the provincial policy statement. [3:27:32] It's right in the PPS 2024 under natural systems. [3:27:37] So it does let us... [3:27:38] it does let municipalities go beyond and exceed. [3:27:41] We just can't go any less than what they have. [3:27:45] So in terms of woodlands and wetlands, [3:27:48] the benefits obviously to the city are [3:27:50] they help with climate change, [3:27:51] biodiversity, habitat, reducing flood risk, [3:27:58] improving water quality. [3:27:59] All those things are things we want to kind of [3:28:02] enhance in the municipality [3:28:04] and make sure that we protect those things where we can. [3:28:08] We have in this plan. [3:28:10] We didn't go as far as it has been in the past, [3:28:12] but we do provide some flexibility on that. [3:28:16] So we do feel that we've kind of struck a middle balance. [3:28:21] As I indicated previously, [3:28:22] our preference is that these woodlands and wetlands [3:28:25] are retained on site. [3:28:27] But if they can't be retained on site for whatever reason, [3:28:29] we are willing to consider the offsetting [3:28:32] because we do think that there's still a big benefit. [3:28:35] And we do like the three-to-one, the five-to-one [3:28:37] because it at least offers a net benefit. [3:28:40] So that's what we're looking for. [3:28:42] And again, it's just those items specifically. [3:28:46] - Okay. Thanks. [3:28:47] I'll see if there's any questions of council. [3:28:51] I don't have any questions of council, [3:28:52] so thank you, Mr. Xi. [3:28:54] - Okay. [3:28:55] - Appreciate your comments. [3:28:56] Madam Clerk, are there any other speakers? [3:28:59] - There is one last person registered to speak. [3:29:02] I have their first name of Sylvia, [3:29:05] but no last name at this time. [3:29:07] - Is Sylvia here with us? [3:29:19] Okay. [3:29:20] Yeah. [3:29:23] - So, [3:29:26] through you, Mr. Chair, at this time, [3:29:27] we have gone through the list of registered speakers. [3:29:30] We are now able to open up the floor to anyone, [3:29:32] any members of the public that are present. [3:29:34] If they'd like to speak, [3:29:36] I just ask that maybe we have a line or- [3:29:38] - Oh, okay. [3:29:39] - Just see who is interested. [3:29:40] - Is there anyone here in the public [3:29:42] that didn't register that wishes to speak? [3:29:43] Come on up, sir. [3:29:44] We just need your name and your address [3:29:46] so that we can record it into our minutes. [3:29:56] - Good evening, Your Acting- [3:29:57] - [Margaret] Sir, there is the microphone. [3:29:59] It's not on. [3:30:02] - Good evening, Your Acting Worship, [3:30:04] esteemed members of council, [3:30:06] city planners, and members of the public. [3:30:11] My name is Mark Michalkoff. [3:30:13] I am the president of Oleo Energies [3:30:15] and I'm here representing Oleo Energies [3:30:18] with regards to the draft official plan. [3:30:25] I would like to raise two issues, [3:30:27] and I have raised them before in front of council [3:30:31] and they become quite poignant with this matter. [3:30:35] The first is a corrective measure on the boundary [3:30:40] or on the land use schedule two, [3:30:43] which deals with the southernmost boundary of our property, [3:30:47] which is 5800 Thorold Stone Road. [3:30:51] We operate the facility there. [3:30:53] It's a lubricant and chemical manufacturing facility, [3:30:56] and it is a class three industrial site. [3:31:01] The southernmost boundary of our facility [3:31:04] is a rail corridor, [3:31:06] which is an active rail corridor [3:31:08] subject to a service agreement by CN. [3:31:10] We actually purchased the property from CN [3:31:14] numerous years ago, [3:31:15] and that is designated on schedule two [3:31:19] as parks and open space, [3:31:21] and we believe that to be incorrect. [3:31:24] We made reference to that in a letter [3:31:26] that we provided to city staff [3:31:28] shortly after the release of the draft plan in the spring. [3:31:32] And we attended the open house [3:31:36] and personally redelivered the letter to the city [3:31:41] as well as spoke personally to the planning [3:31:43] and the consultants to rectify this. [3:31:47] We see that, as of today, [3:31:49] that it has not yet been rectified, [3:31:51] and we believe that this incorrect matter [3:31:54] should be rectified. [3:31:57] The other matter that I want to address today [3:32:01] is the land use itself [3:32:05] and the designation to a flex employment land, [3:32:11] which is I believe a light purple. [3:32:14] Perhaps if we can get this slide on, is it page 24, 28? [3:32:19] - [Speaker] 28. [3:32:20] - Page 28 of the presentation given by Mr. Nethery. [3:32:33] - 28, you said? - Yes. [3:32:36] Is there any way to blow that up a little bit [3:32:39] so that we can see Thorold Stone Road fairly clearly? [3:32:50] So what you can see if you look at the feature [3:32:55] which is traversing from the south west to the northeast [3:33:00] is the OPG or the hydro canal, [3:33:03] which is the easternmost boundary of our property. [3:33:08] And at the bottom, what you see is [3:33:12] the incorrectly designated rail corridor, [3:33:16] which was formerly CN lands. [3:33:20] And what we see above that, at that rail corridor, [3:33:24] which proceeds all the way to Stanley Avenue, [3:33:27] is what's designated as employment flex lands. [3:33:33] We were here in front of council several years ago [3:33:37] when there was an application that was made [3:33:40] to redesignate those lands together with another parcel. [3:33:46] And council turned down that application [3:33:49] to redesignate it to residential uses. [3:33:53] We vigorously defended our position [3:33:56] because we are an employer. [3:33:59] We employ 60 people in good manufacturing jobs. [3:34:03] We are growing. [3:34:04] We are taking on another shift. [3:34:06] We will soon be at 100 good manufacturing jobs. [3:34:10] We find that we have to continuously [3:34:13] defend our lawful uses of our property, [3:34:19] and there is an ever increasing expansion of [3:34:24] incompatible uses being made against industrial properties. [3:34:30] And notwithstanding D6 guidelines, [3:34:33] there's a level of ambiguity that's created, [3:34:36] and council has a difficult time, [3:34:38] at times, dealing with these types of issues. [3:34:41] And we believe that the city planners and staff [3:34:48] arrived at an erroneous decision [3:34:51] when they recommended that there be a parcel. [3:34:56] Nevermind the entire piece, [3:34:58] but a specific use parcel designated for residential use. [3:35:03] And that passed council at a meeting in February, [3:35:06] I was unfortunately unable to attend for health reasons, [3:35:09] but nevertheless, it makes no sense [3:35:12] that we hear a common theme throughout [3:35:16] tonight's presentations and others [3:35:18] that we have to protect employment lands. [3:35:21] And what we see is a continuing onslaught [3:35:24] where we have to defend ourselves [3:35:26] and our uses of those properties. [3:35:29] So number one, we would like clarification [3:35:31] of what the change in designation means. [3:35:34] And number two, we would like those [3:35:36] to remain employment lands [3:35:38] and be so reflected in the official plan. [3:35:43] - Thank you. - Thank you. [3:35:43] - That's my presentation. [3:35:44] - Questions of council? [3:35:47] (speaker speaking faintly) [3:35:50] - We have two questions. - Oh yeah, I'm sorry. [3:35:51] - [Speaker] Yeah, you were away. [3:35:52] - So we had two questions. [3:35:54] I'll get staff. I don't know, Ms. Dolch. [3:35:55] Okay. Okay. [3:35:57] So I'm going to get Ms. Goerz [3:35:58] to answer the question about open space and flex, [3:36:02] or our consultants are going to do it. [3:36:04] Our consultants are going to do it. [3:36:05] Okay. Mr. Nethery? - Yes. [3:36:07] - And then our staff will be ready to jump in if we need it. [3:36:10] - Yes, a two-part question. [3:36:11] So on the first part question, [3:36:13] the draft of the maps that are here tonight [3:36:16] are the same ones that were at the open house [3:36:19] at the Gale Center. [3:36:21] And I recognize other Oleo representatives here in the back, [3:36:23] and Ms. Goerz and I have already committed [3:36:25] to changing that rail corridor line from open space [3:36:31] to the employment designation. [3:36:32] We just haven't made the edits yet. [3:36:34] We have already committed to doing that. [3:36:36] - Okay. That's good news. [3:36:37] - In terms of part two, I'm stepping away from (indistinct). [3:36:39] - Okay. [3:36:41] - Part two is very important. [3:36:44] Existing industries should not be [3:36:47] defending themselves against sensitive land uses. [3:36:50] And in fact, the provincial planning statement [3:36:53] has changed the onus of who is responsible [3:36:58] to mitigate existing industry [3:37:01] versus the introduction of sensitive land uses. [3:37:06] The first part of the question is, why did we change it? [3:37:08] And I think we heard earlier tonight [3:37:11] that the change to the flex from the employment area [3:37:16] was really a response to the existing land use context [3:37:19] in these older industrial areas that include land uses [3:37:24] that would not be permitted in an employment area anymore. [3:37:29] Those include institutional uses and commercial uses. [3:37:34] And by commercial, we mean both [3:37:37] retail and service commercial uses [3:37:39] as well as standalone office uses. [3:37:42] We want those to still be permitted. [3:37:45] In terms of the impact on [3:37:48] the encroachment of sensitive land uses, [3:37:51] I would point to, [3:37:54] in section 4.3.2 of the draft official plan, [3:37:58] there are very specific policies [3:38:00] that set the framework through which [3:38:04] the proponent of a sensitive land use [3:38:08] that may encroach to an existing industrial use, [3:38:14] the rules that have to be followed [3:38:17] for the mitigation of the impact, [3:38:20] and that mitigation may include you can't develop it. [3:38:24] Again, the provincial planning statement [3:38:26] has changed the onus [3:38:28] in favor of existing industrial uses [3:38:32] for their protection from the encroachment [3:38:36] of sensitive land uses. [3:38:37] So I would point to 4322 and 4323 [3:38:42] as the policies that are intended specifically [3:38:46] to protect existing industrial uses [3:38:49] from those sensitive lands. [3:38:51] - Do you know when that change happened? [3:38:52] - It was in the 2024 Provincial Planning Statement [3:38:56] and the requirement to ensure compatibility [3:38:59] with existing industrial development. [3:39:03] - Thank you. [3:39:05] Does that cover? Okay, good. [3:39:06] Thank you for that. [3:39:07] So did our staff have any further comment on that? [3:39:10] No? [3:39:11] Okay. [3:39:12] So now I'm going to go to the council, [3:39:14] Councilor Lococo and then Nieuwesteeg. [3:39:18] - Thank you, Mr. Mayor. [3:39:20] Through the mayor to Mr. McCulloch, [3:39:21] thank you very much for joining us. [3:39:23] This is where I get very confused [3:39:25] when we have different guidelines and recommendations. [3:39:31] Mr. McCulloch has said that they're class three. [3:39:35] On the report for the residential last time, [3:39:38] it said they're class two. [3:39:40] How are we supposed to distinguish? [3:39:42] They run the business. [3:39:43] They know what the business is. [3:39:45] And then another consultant tells us a different class. [3:39:48] And this was in my comments, [3:39:50] that I was going to talk about employment areas [3:39:52] and the flex business district. [3:39:56] As council, we have to protect our employment areas [3:39:59] and the businesses that are here, [3:40:01] but we also have to protect our residents [3:40:03] from the noise, the pollution, and all of those. [3:40:07] But the policies that are in front of us [3:40:09] are making it very, very difficult. [3:40:10] And I'm glad to hear that there has been a change [3:40:13] to protect that. [3:40:14] And I just feel like we're going around in circles. [3:40:17] This has now been three applications [3:40:19] when there's been conflict about what the class is, [3:40:22] a class two or a class three. [3:40:24] If it's class three, it has to be further out. [3:40:29] If it's class two, it can be closer. [3:40:30] Well, then you argue about what class it is. [3:40:32] So we really need to come to some sort of [3:40:35] understanding about... [3:40:37] We know what businesses are in our area. [3:40:39] Why can we not just have a list that everybody agrees to [3:40:42] about what they are? [3:40:43] Speak to the industry to say, [3:40:46] "Here is the business, the number of hours, [3:40:48] the number of shifts," [3:40:49] whatever the classes are per the D6 guidelines. [3:40:53] So it can help us because we're going around in circles. [3:40:57] We're approving something, [3:40:58] and then all of a sudden there's an issue. [3:41:02] We can't keep on doing this. [3:41:03] We only have... [3:41:04] There's Washington Mills. [3:41:06] Salit Steel has moved out. We have Oleo. [3:41:09] We really have to come up with better [3:41:11] protection for everybody. [3:41:13] And I hope that through this conversation [3:41:15] and through our official plan [3:41:16] that we can come up with something better [3:41:18] because we just go around in circles. [3:41:22] - So, you're right. [3:41:24] Now, at the same time, [3:41:26] you're last time addressing noise from the neighbors [3:41:28] for Washington Mills. [3:41:30] Now that hurts industry when you do things like that. [3:41:33] So we need to get clarity on what position we're taking. [3:41:36] Are we protecting the industry? [3:41:39] - With all due respect, Mayor, [3:41:40] it's not that we're protecting anybody. [3:41:42] When somebody comes to us with a concern, [3:41:44] whether it's a business or a resident, [3:41:46] me as a council member, [3:41:47] I have to bring that forward. [3:41:49] So we have residents that we approve that development [3:41:52] close to Washington Mills. [3:41:53] If they have a concern, I'm going to bring it forward. [3:41:57] Yes, it was in their purchase of sale [3:41:59] that there would be some occasional noise. [3:42:02] And we heard from the plant manager [3:42:05] that some of the operations changed [3:42:07] because they were given a different class from two to four [3:42:10] and they changed their operations. [3:42:12] That changed the noise. [3:42:13] So it can't just be, are you for the residents? [3:42:15] Are you for the business? [3:42:16] It shouldn't be like that. [3:42:18] We should be working with everybody to accommodate it. [3:42:20] - Well, unfortunately, you can't. [3:42:22] You have to decide what side you're on. [3:42:24] In this case, what came first? The industry. [3:42:27] You move next to industry, buyer beware. [3:42:29] We lived next to a train track when I was a kid. [3:42:31] You can't complain about your house shaking from the trains [3:42:34] because the trains are longer and bigger. [3:42:37] As far as I'm concerned, you protect industry. [3:42:39] You got to pick a side. [3:42:40] So, here, we need to protect the industry, protect the jobs. [3:42:43] As Councilor Patel said, you need a job to buy a house. [3:42:45] You don't need a house to buy a job. [3:42:47] So you got to pick. [3:42:48] So Washington Mills felt very threatened last time [3:42:51] by comments that were made. [3:42:52] They're very concerned. [3:42:53] They're trying to expand. [3:42:54] - Everybody's very concerned, [3:42:56] but we can't just ignore a bunch of residents who have- [3:42:58] - Never said to ignore them. [3:43:00] - Well, that's how they're feeling right now. [3:43:02] - Well, I don't know about that, [3:43:04] but fact is you move next to a factory, [3:43:06] you have to expect noise. [3:43:08] That's how it is. [3:43:09] - Again, it does say occasional noise on the deed. [3:43:13] And noise at three o'clock in the morning [3:43:15] that is above the D6 guidelines, [3:43:18] that's not what their expectations are. [3:43:20] - Well, why don't we ask maybe our consultants [3:43:21] if you can weigh in on... [3:43:24] We talk about different guidelines for industry [3:43:26] because we have residential creep and, [3:43:28] and they're moving in, [3:43:29] and we don't want to lose the industry that's here. [3:43:32] So I don't know if you've got some insight, [3:43:34] and the councilor, Lococo, makes a valid point that [3:43:38] one person says we're D this [3:43:41] and someone else says, "No, you're D that." [3:43:43] So who is the authority on what they are? [3:43:45] - I just have one quick point. [3:43:47] - Your Worship, may I make a quick point to [3:43:49] Councilor Lococo? [3:43:51] - Yes. [3:43:52] - I just wanted to add to what you said, Councilor. [3:43:56] And that is that the D6 guidelines are fairly clear. [3:44:01] We had a consultant, ours, [3:44:04] who was a very reputable InterNity consultants [3:44:07] deem what our uses constituted, [3:44:10] whereas the report that the city relied on [3:44:12] and thereby the council, [3:44:13] in order to make its decision [3:44:14] to allow a residential development, [3:44:17] that study, the consultants never once [3:44:21] set foot on our property, never contacted us, [3:44:24] and had no knowledge of what we did [3:44:29] other than available public knowledge. [3:44:31] So I do agree with you 100% [3:44:35] that there has to be a set of guidelines [3:44:37] that makes council's job that much easier to do [3:44:41] in order to achieve what you were looking for [3:44:44] in the draft plan, to protect industry [3:44:46] and to protect residents from industry that's too noisy. [3:44:53] - To you, Mr. Mayor. [3:44:56] There's two contexts that we're talking about here, [3:44:58] existing situations. [3:45:00] And again, in a city [3:45:02] with the age and context of Niagara Falls, [3:45:06] there's always going to be conflicts [3:45:09] when residential development has surrounded [3:45:14] an existing historic industrial use. [3:45:17] And the industrial uses have to be given [3:45:20] the opportunity to grow, to evolve, to change. [3:45:24] Fundamentally, the guidelines are D6, [3:45:28] but they can't always be met in an existing context. [3:45:33] The goal of the policies that I spoke about here [3:45:38] is to not permit new sensitive land uses to encroach [3:45:45] towards an existing industry. [3:45:49] It doesn't matter if it's in an employment area [3:45:51] or in the flex business district. [3:45:55] The goal is to apply the D6 for the current [3:45:59] or for the proposed situation. [3:46:01] And the trigger, again, that has been used elsewhere [3:46:05] is the 300 meters. [3:46:07] The work needs to be done. [3:46:09] The D6 guidelines need to be implemented. [3:46:12] And the goal is to avoid future and additional conflict. [3:46:18] But both need to be dealt with. [3:46:21] Very difficult in a historic city like Niagara Falls [3:46:24] to deal with the long-term conflict between land uses, [3:46:30] and particularly when you want to protect the jobs [3:46:35] that are so important to the vitality of the city. [3:46:39] So that's why the province changed [3:46:42] the onus to the sensitive, [3:46:45] the proponent of the sensitive land use. [3:46:47] They have to make their case to the satisfaction of council. [3:46:54] - Thank you. Thank you. [3:46:57] Yeah, the questions are... [3:46:58] You'll get a chance to speak publicly, [3:47:00] but right now it's just for the council to ask questions. [3:47:04] Any other questions or comments of council? [3:47:08] Yes, Councilor Nieuwesteeg. [3:47:09] - Actually, a lot of my comments have already been said, [3:47:11] but I do want to reiterate. [3:47:13] When you see this provincial D series guideline, [3:47:16] the onus is on the resident, not the industry. [3:47:18] So we need to really enforce that [3:47:21] and refer back to that and not give the... [3:47:25] We have to balance it out that way. [3:47:26] So when we get confused in these situations, [3:47:28] I think we have a provincial guideline [3:47:30] that we need to refer to. [3:47:31] And I think anything that we can do in this official plan, [3:47:34] I know we were speaking earlier to Ms. Dolch [3:47:36] about the extra 300, [3:47:38] anything we can do to protect the industry, [3:47:41] I think is honest and here's a good opportunity [3:47:43] with the official plan to do it. [3:47:45] So if the 300 extra meters helps, [3:47:48] then maybe that's what we have to do [3:47:50] to ensure this going forward. [3:47:54] - [Jim] Thank you, Councilor Patel. [3:47:58] - I have a question. [3:47:59] Who is- - Microphone, Councilor Patel. [3:48:00] I have a question. [3:48:01] Who decides to what type of industry that is? [3:48:05] Is it- [3:48:06] - Ms. Dolch. [3:48:08] - Thank you, Your Worship. [3:48:09] So it's based on experts in the field. [3:48:12] So depending on the type. [3:48:14] So for when you do assessment, it could be air quality, [3:48:17] it could be noise, depending on the industry. [3:48:19] So then they do a study to determine [3:48:22] whether the sensitive land use can go in proximity. [3:48:25] So they determine what the class is. [3:48:28] Obviously, in this case too, Oleo did their own study [3:48:32] to determine their class, [3:48:33] but it's based on the D6 guidelines [3:48:35] and the requirements in the D6 guidelines [3:48:36] by consultants in those fields, [3:48:39] especially when you're introducing a sensitive land use. [3:48:41] They determine what's appropriate setbacks [3:48:44] and things like that. [3:48:46] The D6 guidelines give you your standard class one setbacks, [3:48:49] class two. [3:48:51] So they lay out the setbacks. [3:48:52] They also give you a potential area of influence, [3:48:55] which tells you where you have to kind of [3:48:57] consider as a red flag, like this could cause issues. [3:49:00] That's when we start to ask for studies. So [3:49:03] - To you, Mr. Mayor. [3:49:04] So when we had a development on, [3:49:07] what was that, around the George Street. [3:49:09] I forgot the name of it. [3:49:11] What was the street? [3:49:12] - Fraser? - Fraser Street. [3:49:14] So we had... [3:49:15] Our staff had information that was a type two industry [3:49:18] and Oleo said they were type three industry. [3:49:22] So how is there difference in two report? [3:49:25] - Thank you, Your Worship. [3:49:26] In that scenario, we did get Oleo's [3:49:30] through the council meeting that evening. [3:49:32] So we didn't get notified that they had their own study [3:49:35] until that evening at council. [3:49:37] So that was the difficulty there. [3:49:39] Normally, in those scenarios, [3:49:41] we rely on the consultants, the experts in the field. [3:49:45] If we have a situation early, [3:49:46] if we would've got their information earlier [3:49:48] prior to coming to council, [3:49:50] we could have done a peer review on the study [3:49:52] to see generally who was right and kind of determine that. [3:49:56] But in that case, obviously, [3:49:58] it was raised right on the floor at council, [3:50:00] so I wasn't really aware of it at the time. [3:50:03] - Okay, thank you. [3:50:05] - I just would like to add a little bit more information [3:50:07] if that is okay, Your Worship. [3:50:10] We were not made aware of that study [3:50:13] nor the fact that it was peer reviewed [3:50:18] for the consultant working for the proponent. [3:50:22] When we saw that the Friday [3:50:23] before the Tuesday council meeting, [3:50:25] we immediately engaged our longtime consultants [3:50:28] that do our air permits for the Ministry of the Environment [3:50:31] and handle all of the regulatory requirements for us [3:50:35] to write a detailed letter in support [3:50:39] of the type of facility that we were. [3:50:42] And it was obviously in conflict [3:50:43] with the information that the city received [3:50:45] and what the council was able [3:50:47] to make the decision relying upon. [3:50:49] And thereby, we believe, there was an inequity there. [3:50:53] And we are currently appealing this [3:50:56] to the Ontario Land Tribunal [3:50:58] and are awaiting our hearing at this time. [3:51:03] - Yep. Yep. You still got it. [3:51:05] - Thank you, Mr. Mayor. [3:51:06] So, to Ms. Dolch, [3:51:08] so is it possible for us to request all the industry [3:51:10] to send us their what kind of industry they are, [3:51:14] type one, type two? [3:51:15] I'm not sure what it is. [3:51:16] Is it possible for us to keep the record [3:51:18] or it goes by the application basis? [3:51:21] - Thank you, Your Worship. [3:51:22] So, obviously, any industry can do that work if they choose. [3:51:26] And if we want to keep a database, [3:51:28] happy to do so here at the city. [3:51:29] What happens though is obviously anybody who comes in [3:51:33] to introduce a sensitive land use [3:51:36] would be required to do that study anyway. [3:51:38] And even though the classification does occur, [3:51:42] I just want to caution, it doesn't say it must be [3:51:47] 300 meters from a class three. [3:51:48] It says that's the setback, [3:51:50] but there's provisions that allow for [3:51:53] you to reduce those setbacks in the D6. [3:51:55] So mitigation measures other things. [3:51:57] So I just want to caution that even though it's class three, [3:52:00] it doesn't mean, hey, we apply this setback. [3:52:02] With our new official plan, [3:52:03] we're putting in a policy to say 300 meters, [3:52:08] which allows us at least some control over that [3:52:13] when it comes to council. [3:52:14] But normally just through D6, yeah, you would have to, [3:52:18] if they wanted to do that work, [3:52:19] but again, the proponents still would introduce that [3:52:22] because they're going to have to demonstrate [3:52:24] how they can mitigate those concerns [3:52:27] from a class three industry or whichever class. [3:52:30] - Through you, Mr. Mayor, only reason I'm asking is [3:52:31] if we get a complaint from resident, [3:52:33] last meeting when we actually had industry partners [3:52:37] come out and speak about it, [3:52:38] if we actually have the information, [3:52:39] it's easier for staff to give that answer. [3:52:42] That's the only reason. [3:52:42] If we have more information, [3:52:44] we can give the answer properly. [3:52:47] - Thank you, Your Worship. [3:52:48] No, and definitely obviously helpful. [3:52:51] If they wanted to do that work, [3:52:52] obviously, we don't have that on our work plan or anything, [3:52:57] and the cost might be substantial, [3:52:58] but I think that if they did want to provide us [3:53:01] with the information they have, [3:53:02] it gives us a basis for when applications come in. [3:53:05] Because when they do come in, we do do pre-consultation. [3:53:09] And if we had some information in advance [3:53:11] about what type in class, [3:53:12] we at least would know that early on [3:53:14] to advise the proponents when they came in, [3:53:16] we have this information. [3:53:18] - Perfect. Thank you. [3:53:19] - Thank you. [3:53:19] Councilor Lococo. [3:53:21] - Thank you, Mr. Mayor. [3:53:22] I've suggested that we've had a list now three times. [3:53:25] I hope we can do this. [3:53:27] The other one that we had the issue was BVGlazing [3:53:30] The owner of the building came and said, [3:53:32] "We're class three." [3:53:33] And then the consultants for the developer said, [3:53:35] "We're class two." [3:53:37] Again, we really need to solve that. [3:53:42] - Some consistency for the classifications. [3:53:44] - Exactly. [3:53:46] - Thank you, Your Worship. [3:53:46] And I just want to be clear, [3:53:48] they would have to provide us with some study work. [3:53:52] You know, obviously they can't just come in and say, [3:53:53] "I'm a class three." [3:53:54] They would have to provide it from a reputable consultant [3:53:57] that we could rely on, [3:53:58] just not that they feel they're class three. [3:54:01] - And I think that's maybe part of the problem. [3:54:04] The agenda gets posted on Thursday publicly. [3:54:08] I'm sure that they would have been notified [3:54:09] that something was coming to council, [3:54:11] but there's no discussion. [3:54:14] They didn't have a discussion. [3:54:15] They didn't talk with Ms. Dolch and say, [3:54:16] "I'm class this, class that." [3:54:17] Then they come to council that night and said, [3:54:19] "No, we're class three." [3:54:21] So I think there needs to be a better process for... [3:54:23] And anytime we're near industry, [3:54:25] we should make that extra effort [3:54:27] to go out to them and have conversations ahead of time [3:54:30] that it's not on the evening of, [3:54:32] or like it was with BVGlazing [3:54:33] when the owner stood up and said [3:54:36] they were class three as well. [3:54:37] - I Agree. [3:54:38] And Ms. Segney would like to speak. [3:54:42] Ms. Segney? [3:54:43] Please answer. [3:54:44] - Just wanted to add as well that [3:54:45] since the January 2026 meeting of council [3:54:48] where we had this discussion, [3:54:50] we now require applicants to reach out [3:54:52] to local industry within a thousand meters [3:54:56] to make them aware of a development application. [3:54:59] They are engaged early on [3:55:00] both by the applicant and by staff. [3:55:03] So that is a process change we've made since January, [3:55:06] and I think that addresses [3:55:07] some of the comments that you're making. [3:55:09] - That's great. Really good. [3:55:11] Really good. Okay. [3:55:13] I think we're good. [3:55:14] Thank you very much. [3:55:15] Yeah. I'm going to come back to the crowd. [3:55:17] Okay, so thank you, Oleo guys for being here, appreciate it. [3:55:20] Thank you, Your Worship and council. [3:55:21] - All right, thank you. Thank you. [3:55:24] Yep. I'm going to go to our clerk. [3:55:25] So do we have a list running or are we to the public? [3:55:28] - [Margaret] The list is completed. [3:55:29] It's now members of the public that wish to speak. [3:55:30] - Okay, so I've got a gentleman in the back there, Mr. Pine, [3:55:37] and then I've got the lady in front, [3:55:38] young lady in front of him. [3:55:39] And is there anyone else that wants to speak tonight too? [3:55:42] Okay, another young lady in the back. [3:55:44] Where else? [3:55:45] All right, we got three speakers. [3:55:47] Pardon me? [3:55:49] You've got up to five minutes. [3:55:51] If you can state your name. [3:55:52] - Hi. - It's on. [3:55:53] And your address. [3:55:54] - Brad Pine, 4900 St. Clair Avenue. [3:56:00] I have two topics. [3:56:02] The one is about... [3:56:05] - Well- - It's just on [3:56:06] the official plan, right? [3:56:07] On the official plan is the comments are now. [3:56:10] - If I'm wrong, you can correct me and stop me. [3:56:13] I issued letters. [3:56:16] Just kind of... [3:56:17] I think it goes with the official plan. [3:56:20] The first one's about how we deal with garbage. [3:56:23] I've been doing some investigative studies on Queen Street, [3:56:28] and I noticed the garbage- [3:56:30] - So garbage- [3:56:30] - It's supposed to be sorted. [3:56:32] - [Jim] Yeah, so that would be another topic, but not on... [3:56:35] Official plan is just about the zoning discussions [3:56:39] for future use of lands. [3:56:41] - Okay, so it's just land. - Just for land. [3:56:42] - All right, I should not be standing here. [3:56:45] I apologize. [3:56:45] - [Jim] Yeah. No, no, that's fine. [3:56:47] Appreciate it. [3:56:48] It's a learning process. [3:56:49] - But I will say, I hope everyone knows [3:56:51] we have such a beautiful city [3:56:53] and there's so much potential. [3:56:55] And what that woman was saying about [3:56:58] the past and how it's been destroyed, [3:57:00] that is such a shame. [3:57:02] And thank you for highlighting that, ma'am. [3:57:05] If I may say ma'am, [3:57:06] 'cause sometimes you get in trouble saying ma'am. [3:57:10] What a beautiful city that we could've had. [3:57:15] You were thinking about the wine. [3:57:17] - Anyways, have a good evening. [3:57:19] Have a good evening. [3:57:20] - Thanks, Mr. Pine. Thank you. [3:57:22] All right, ma'am, if you'd like to come forward [3:57:24] and state your name and your address, [3:57:25] and then you've got up to five minutes. [3:57:31] - Good evening, Mr. Mayor and councilors. [3:57:34] I wasn't prepared to speak earlier, but I am now. [3:57:36] Donna Soyka and 5601 Green Avenue here in Niagara Falls. [3:57:41] So I wanted to talk about the posting of this meeting [3:57:45] and maybe for them to proofread when they post. [3:57:50] And also the one at the Gale Center that I attended [3:57:54] for the stacked housing. [3:57:57] The dates and the days don't match. [3:58:00] So, for instance, at the Gale Center, [3:58:03] they said it was Wednesday, June the 18th, the posting [3:58:09] where they post on the properties, [3:58:11] and it was actually Thursday. [3:58:13] And so this meeting posted said Thursday, July the 28th, [3:58:18] and actually it's today. [3:58:21] - So, Mr. CAO, would that be our comms department [3:58:24] or is that planning? [3:58:25] Yes. Oh, Ms. Dolch? [3:58:26] Okay. [3:58:29] - And through the Worship to the speaker. [3:58:31] And we do apologize for that. [3:58:33] We did have the correct date, but we did note... [3:58:36] I know you sent a letter in. [3:58:37] Obviously, we didn't notice at the time. [3:58:39] And unfortunately, our human makes mistakes once in a while. [3:58:43] My staff are quite busy trying to [3:58:45] get this in front of council as quickly as we can. [3:58:47] So we do apologize for that, [3:58:49] but thanks for bringing that to our attention. [3:58:52] - I appreciate that, [3:58:53] but the dates for the public are important [3:58:57] because then we would've missed it. [3:58:59] Thank you. - Absolutely. [3:59:00] - Okay. Thank you very much. [3:59:02] Thank you. [3:59:04] As they say in "The Price is Right," "Come on down." [3:59:08] Oh, yeah. [3:59:09] Kailen, you wanted to weigh in as well? [3:59:11] Is that to the last speaker, [3:59:13] Ms. Soyka? Yes. I just... [3:59:14] - Yes, I just wanted to add something to that. [3:59:15] So my understanding is that [3:59:17] the newspaper notice was corrected [3:59:20] before it went to print. [3:59:21] So that was correct. [3:59:22] And then the notice that was emailed out was incorrect, [3:59:27] but that was rectified as soon as [3:59:30] we realized that it was incorrect. [3:59:32] - Yeah. - This was also [3:59:33] on the lawn signs. [3:59:35] - Okay. [3:59:37] - Thank you for that. Appreciate it. [3:59:39] Come on down. [3:59:45] You know the exercise. - I do. [3:59:47] Good evening. [3:59:48] My name is Lesley Laan. [3:59:50] My address is 5525 Reixinger Road in Southern Niagara. [3:59:56] And I think that's all you need to know, right? [3:59:58] Phone number? [3:59:59] - [Jim] No, no, we're good. [4:00:00] - Okay. [4:00:01] It's on the bathroom. No, I'm just kidding. [4:00:04] Anyway, I want to first say that I think this, [4:00:09] in reading this official plan, [4:00:11] I think all of the people involved [4:00:14] have done an amazing job on [4:00:16] finding that balance that you were speaking of earlier. [4:00:22] We do realize we have to go forward [4:00:24] and develop to a certain extent. [4:00:27] And that is how a city progresses. [4:00:30] I think in looking at [4:00:35] the guidelines that have been developed by this plan, [4:00:38] I think it's a very positive move forward [4:00:41] in the direction that they're trying to go [4:00:43] to try and balance the development [4:00:45] with the natural heritage, the economic development, [4:00:49] our transport, all of those things. [4:00:52] And I think this plan has done a really good job with that. [4:00:56] I would like to maybe suggest [4:01:00] in the economic development part, [4:01:02] I was very, very happy [4:01:04] to see the ecotourism component of that, [4:01:07] and I think that has some really positive direction [4:01:13] or a really positive direction to take that. [4:01:16] We are surrounded by water. [4:01:21] We've got some amazing existing parks, [4:01:23] but I think we have to look outside [4:01:26] that green strip along the river [4:01:28] for more of those ecotourism opportunities. [4:01:31] And I think that can also bring some job development [4:01:34] to the area as well. [4:01:36] Industry, there's so many [4:01:41] green industries that are [4:01:46] coming to the forefront around building, [4:01:50] and we are building. [4:01:51] Niagara is targeted basically as [4:01:54] one of the largest areas to expand [4:01:56] for building in our future. [4:01:58] And I think the environmental aspect [4:02:01] and the development aspect can be combined [4:02:05] if the will is there. [4:02:06] And I think that's a big part of it. [4:02:10] Mayor Jim, you said previously about buyer beware. [4:02:17] Okay. [4:02:18] I think a lot of the... [4:02:19] I think that not only has to apply to homeowners, [4:02:23] but I think that also has to apply to our speculators [4:02:28] who are purchasing land in the area to develop. [4:02:32] We have these natural heritage and green spaces, [4:02:37] and I think they have to be more than aware of that [4:02:41] when they purchase. [4:02:43] And not only taking into consideration [4:02:46] that it's something they can apply to have removed [4:02:50] or reduced buffers or whatever in the future. [4:02:54] That requires a visionary shift [4:02:59] away from the way development has traditionally happened, [4:03:04] possibly changing the paradigm of what we would like to see [4:03:08] as a community and as a municipality [4:03:10] to see how we would like to see development moving forward. [4:03:14] We've seen some really wonderful designs come down. [4:03:20] I keep referring back to, [4:03:21] I believe it was [4:03:25] one of the Rodan families, [4:03:27] had an amazing development for a tall tourist hotel. [4:03:35] - On Portage Road. - Yeah. [4:03:37] And it encompassed so many positive [4:03:42] green and eco forward-thinking ideas. [4:03:46] Again, will we ever see it? Possibly not. [4:03:49] But the ideas are there and we're starting to see them. [4:03:53] And if somehow we can get it from just seeing them [4:03:57] to actually building them. [4:03:59] And that takes policy change. [4:04:02] And it takes, again, the will. [4:04:06] And we also have to... [4:04:12] I've sat in council for a lot of years watching. [4:04:15] And I see a lot of concessions made [4:04:23] that maybe could have been revisited and possibly not. [4:04:35] Again, I'm an eco person. [4:04:37] I'm an environmental person, [4:04:39] but I also know that development has to happen. [4:04:42] And I think the two can mesh really well. [4:04:47] I love the five-to-one. That's amazing. [4:04:50] The three-to-one, the five-to-one tree thing. [4:04:52] I think something to go forward to that, [4:04:56] that is only applicable to the urban lands. [4:04:59] Is that correct? [4:05:00] The public urban lands? [4:05:01] - [Jim] Ms. Dolch? [4:05:03] - Or does that also include [4:05:04] private property owners removing trees? [4:05:08] - Thank you, Your Worship. [4:05:08] It does include private property owners with trees. [4:05:11] And again, our preference though [4:05:12] is so if you don't retain it on site, [4:05:14] you can offset it offsite as well, [4:05:16] but it's at the five-to-one. [4:05:18] And then we do have areas that we identified [4:05:21] where we think it's appropriate [4:05:22] because we want to make sure it's there for the long term [4:05:25] outside the boundary rather than inside in certain instances [4:05:28] because, again, if it's inside, most likely [4:05:31] same thing will happen once that canopy goes again. [4:05:34] - Now, are we moving that... [4:05:38] Are we moving that forward to a private tree bylaw? [4:05:40] Because right now our, we don't have a private tree bylaw. [4:05:44] It's kind of controlled by the region, if I'm not mistaken, [4:05:48] beyond a certain point. [4:05:49] And I think since there is such [4:05:56] upheaval right now, shall we say, [4:05:58] around the region and where it's going, [4:06:00] then I think, as a community, [4:06:01] we need our own private tree bylaw. [4:06:04] We can't rely on someone else to be enforcing things [4:06:07] that affect us directly. [4:06:12] Within that, and again, within those natural corridors [4:06:15] and the buffers that we apply to the natural heritage [4:06:21] the provincially significant wetlands, [4:06:23] those provincially significant woodlands, [4:06:28] I feel that... [4:06:32] I think those have to be not only observed, but enhanced. [4:06:37] You yourself have reiterated that [4:06:42] the provincial policy are guidelines. [4:06:46] And those are the minimum standards [4:06:48] that we should be striving for. [4:06:51] I don't think it's unreasonable to not just encourage, [4:06:58] but possibly create policies that mandate [4:07:03] certain minimums for our own standards, [4:07:07] not necessarily the provincial standards. [4:07:10] That's just a thought on my behalf because, [4:07:13] again, if I was having brain surgery, [4:07:15] I wouldn't want the guy who only got 50% doing it, okay? [4:07:18] I'd want the person who got 90% doing it. [4:07:21] So if you apply that to our natural heritage, [4:07:26] I think that's a positive for everybody [4:07:30] because those natural heritage spaces [4:07:34] are also our climate change mitigation [4:07:40] tools that we have. [4:07:42] And they're free right now. [4:07:44] And I watched videos from Niagara on the lake this morning, [4:07:50] and they were just horrendously flooded. [4:07:54] Okay? [4:07:56] And they have one of our more [4:08:00] absorbent and porous soil types down there. [4:08:05] That's why the farmland is so good down there. [4:08:07] It usually absorbs and runs off. [4:08:13] Here in Niagara, we are above the escarpment. [4:08:15] We're between two... [4:08:17] Well, we're between Lake Erie. [4:08:19] And between Lake Erie and the brink of the falls, [4:08:22] there is a 10-meter elevation change. [4:08:27] Okay? [4:08:28] All that water moves through our whole region. [4:08:33] But specifically, a lot of it moves through [4:08:36] Niagara, Port Colborne, Welland, those southern areas. [4:08:41] And the river, yes, it accommodates a certain amount of it, [4:08:45] but water just goes where water will go. [4:08:48] It goes through the Wainfleet Marsh, [4:08:50] the Wainfleet Bog, the Willoughby Marsh. [4:08:53] And I think we have to remember [4:08:58] that a lot of our community drains [4:09:02] start in those places. [4:09:05] And if they are overwhelmed, [4:09:07] then everything downhill will be overwhelmed as well. [4:09:11] And I think trying to contain it in diameter, [4:09:20] like culverts and things of a diameter [4:09:23] that are based on past extreme events, [4:09:31] that doesn't cut it anymore [4:09:32] 'cause we're entering new extreme events all the time. [4:09:36] And I think moving forward, [4:09:38] I don't know if this is a, [4:09:40] I'm not an engineer, [4:09:41] but, to me, maybe overbuild [4:09:46] going into the future instead of relying on [4:09:48] what's worked in the past. [4:09:50] So, anyhow, thank you for your time, [4:09:52] and I appreciate all the work that everyone's done. [4:09:56] And we'll just keep planting more trees. [4:10:00] - Thanks, Leslie. Thank you. [4:10:01] Councilor Lococo. [4:10:03] - Thank you, Mr. Mayor. [4:10:04] Two comments to what Ms. Laan said. [4:10:07] I wholeheartedly agree regarding the tree bylaw. [4:10:10] And she also spoke about ecotourism. [4:10:14] A while ago I was speaking with [4:10:15] the Niagara Falls Hotel Association [4:10:18] and Niagara Falls Tourism [4:10:19] about looking at ecotourism, [4:10:21] the UNESCO designation. [4:10:23] In the official plan, [4:10:24] it talks about that the Niagara escarpment [4:10:25] is a UNESCO world biosphere reserve. [4:10:29] If you move towards a UNESCO designation, [4:10:32] you open up the tourist possibilities [4:10:36] for people to come here [4:10:37] for a completely different experience than [4:10:40] they might not have come here before. [4:10:42] So I'd like to revisit that [4:10:44] maybe at another time about looking at UNESCO, [4:10:46] but ecotourism is in the official plan. [4:10:49] So I'd like to look at that, [4:10:51] revisit that conversation later. [4:10:53] Thank you. - Thank you. [4:10:55] Okay. [4:10:57] There was a motion. [4:10:59] Oh, did you want to speak, Aras? [4:11:01] Okay, I had your name crossed off the list. [4:11:03] Okay. [4:11:04] Yeah, if you want to introduce yourself and your address. [4:11:07] - Yes. Aras Reisi, resident of Niagara Falls. [4:11:10] As this council knows, [4:11:11] I'll come to all the council meetings, sit here in person. [4:11:13] So some of the comments that I want to mention is [4:11:15] based on things that I heard from my neighbors [4:11:18] with fellow citizens of the city, [4:11:20] a lot of things has been discussed, [4:11:22] so I'm not just going to skip through them, [4:11:25] but given that this is a commenting period, [4:11:26] I just want to mention that [4:11:28] one of the issues that I want to talk about [4:11:29] is the encroachment on industrial lands, [4:11:33] which has been already discussed. [4:11:35] I just want to mention that, [4:11:36] in addition, BVGlazing was mentioned, [4:11:38] Oleo was mentioned, Washington Mill was mentioned, [4:11:40] but PALFINGER. [4:11:41] That was the issue with them as well. [4:11:45] One thing I've noticed is that [4:11:46] the problem arises when we absolutely need housing. [4:11:49] It's a crisis, cost of housing significantly high, [4:11:53] but we need new housing. [4:11:54] But the problem is that with the development [4:11:56] goes in neighborhood that doesn't match with it. [4:11:58] And I appreciate it. [4:11:59] I want to thank the staff and consultant. [4:12:01] They've done an amazing job. [4:12:02] And I'm so happy to hear the comment that's been made about [4:12:05] protecting other industrial jobs [4:12:07] because we need the jobs to be able to [4:12:09] buy the homes as Councilor Patel said. [4:12:12] I am very interested about this whole mixed-use 1 and 2 [4:12:15] and existing neighborhood. [4:12:17] But my question is, [4:12:19] so you discussed about how we are protecting [4:12:21] the industrial zone, which, again, [4:12:23] I want to make a comment that I support that motion, [4:12:25] that idea. [4:12:26] But what happens is that moving forward, [4:12:30] given that we have a beautiful new master plan, [4:12:33] are we trying to make things next to each other [4:12:35] so we don't have a high-rise [4:12:37] all of a sudden goes to a small neighborhood? [4:12:39] I understand perhaps that based on the planning, [4:12:44] we could not prevent the applicants to come forward [4:12:46] saying that, "I want to build this high-rise [4:12:48] in the middle of a small, single-story households," [4:12:51] but at least I believe from the perspective of [4:12:54] good urban planning, [4:12:55] we need to put things next to each other. [4:12:57] So if you have those corridors has been identified, [4:13:00] so if you could have those high-rises on those corridors, [4:13:03] this means that the residents [4:13:04] will get a frequent public transport. [4:13:07] You don't need a car. [4:13:08] And so my question is that [4:13:11] not going to industrial use, [4:13:14] but how are we going... [4:13:17] If we have this new master plan, [4:13:19] are we going to see less of friction [4:13:22] that major high-rises go next to industrial [4:13:25] or next to a single story? [4:13:27] What protection do we have? [4:13:29] - [Jim] Well, we'll go to Ms. Dolch for this one. [4:13:31] - Thank you, Your Worship. [4:13:32] And I may refer to the consultants as well. [4:13:34] So I'll just go to Mr. Palmer first. [4:13:39] - Perfect. - Because it's my [4:13:40] favorite part of... [4:13:43] Through you, Mr. Mayor. [4:13:44] I go back to chapter four. [4:13:47] And absolutely correct, [4:13:50] the tension where build form heights mostly abut each other. [4:14:00] Been doing this for a really long time, [4:14:03] and there's policies in this plan in section 4.3.2. [4:14:07] Compatibility transition requirements [4:14:10] based on the land use designation. [4:14:12] There's a requirement for the higher, [4:14:15] the designation that permits the highest building types [4:14:21] has to consider the appropriate transition [4:14:24] down to the adjacent low-rise development. [4:14:28] That means that while there are maximum heights [4:14:33] identified in this official plan [4:14:35] for various land use designations, [4:14:37] they cannot achieve them [4:14:40] until they've dealt with compatibility and transition. [4:14:45] That will be implemented through [4:14:47] subsequent zoning approvals. [4:14:50] So quite on a deep lot, you could have [4:14:54] an 18-story building that steps its way down [4:14:58] to a three story building, [4:15:00] adjacent to a three story building. [4:15:02] You can have more distance separation. [4:15:04] There's many, many, many ways to detail [4:15:08] and articulate an appropriate transition [4:15:12] between two land use designations. [4:15:14] And that's the intent of this section of the official plan. [4:15:18] It applies everywhere to every development. [4:15:23] So it's a very important part of the plan, [4:15:27] and it's been thought about for 42 years. [4:15:31] - [Jim] 4.3.2. [4:15:33] Yes. Got it. [4:15:35] Okay. - Thank you. [4:15:36] - Aras? [4:15:37] - Okay, thanks for that. [4:15:38] And just very brief comment about, that's been mentioned. [4:15:41] Developers, they can go around, [4:15:42] shop around to whatever consultant they want. [4:15:45] They can go five. [4:15:46] Four of them say, "No, this is level three or level..." [4:15:49] And then the moment they find the one that they want, [4:15:52] and they come to us with presenting whatever they want. [4:15:54] Just want to mention that [4:15:55] because the comment has been, [4:15:57] "How do we know? [4:15:58] Are the Oleo's plan or the applicants?" [4:16:00] Well, applicants, they go shop around. [4:16:03] The other issue that I want to come here, [4:16:04] give my issue that echo what our CAO said about up zoning. [4:16:08] The problem that we have in this city, [4:16:09] and I appreciate the position of the staff [4:16:12] and yourself, Your Worship, about the sunset clauses. [4:16:14] I want to defend that sunset clause. [4:16:16] One of the people was asking for it. [4:16:17] It was me behind the scene. [4:16:19] We have out-of-town investors [4:16:21] and sometimes in-city investors. [4:16:23] They buy a land, dilapidated land, [4:16:26] and they come with the application. [4:16:28] They hire the best lawyer in town. [4:16:30] And they would come here. [4:16:31] They're building 70-story, 50-story, multiple towers. [4:16:35] At time before even they come here, [4:16:37] they have a huge PR firm advertising. [4:16:40] They have no intention of getting built. [4:16:42] All they are doing, upzoning it, creating a speculation [4:16:46] so that they can go to bank [4:16:47] and say that the property that I built for $1 million, [4:16:50] now it's worth $10 million. [4:16:51] Securing loan against it to go build in GTA, [4:16:54] and they say, "Look, we are legitimate builders. [4:16:56] We are building in GTA." [4:16:57] But what happens is that [4:16:58] that trickling the cost of those up-zoned speculations [4:17:03] goes then to all the youth of Niagara Falls [4:17:06] who are struggling to buy housing. [4:17:08] So I want to commend you. [4:17:09] I want to put that... [4:17:11] I really appreciate that sunset clause. [4:17:13] I hope the city will defend it vigorously. [4:17:15] My other question would be that [4:17:18] if we are having a brand new slate of official plan, [4:17:24] what could we do to fight back against this speculations? [4:17:30] And what can we so that we don't get the situations [4:17:34] that we have upzoning, that speculation? [4:17:39] Could we go back and use those use it and reuse it, [4:17:42] or minister passed a law that says, [4:17:45] if you don't use it, use your site servicing plan? [4:17:47] What could we do other than sunset clause? [4:17:50] Should I defend it? [4:17:51] To fight against this upzoning [4:17:52] because it's really hurt our, [4:17:54] especially next generation of home buyers of the our city. [4:17:58] - So Ms. Dolch, other than sunset clauses, what else? [4:18:03] - Thank you, Your Worship. [4:18:04] - Look, so you got some backup support here. [4:18:08] Mr. Palmer. [4:18:10] We're 3.2. [4:18:12] - I like the sunset approach. [4:18:15] It used to be in the Planning Act. [4:18:17] - [Jim] Oh, it was? [4:18:18] - Many, many, many, many years ago. [4:18:20] And it was removed. [4:18:22] - It was what? - It was removed [4:18:24] from the Planning Act. [4:18:26] That doesn't mean you should not take your lawyer's advice [4:18:30] and try to do it specifically for zoning. [4:18:34] Obviously, there's opportunities for sunsetting [4:18:37] through draft plans subdivision [4:18:39] and not renewing the draft plan approval. [4:18:42] But also another powerful tool [4:18:44] is the infrastructure allocation protocol. [4:18:49] You absolutely can sunset an allocation, [4:18:55] and it's outside of this official plan, [4:18:56] and it's outside of the Planning Act. [4:18:58] It's not subject to appeal. [4:18:59] I would suggest that the city [4:19:03] establish a allocation protocol [4:19:06] for various forms of infrastructure, sewer, water, road, [4:19:10] that considers removing an allocation [4:19:14] so that it's not held up and can be reallocated [4:19:18] based on someone who's ready to build. [4:19:21] So you have the three approaches, [4:19:23] draft plans, zoning, and allocation protocol. [4:19:27] All of them should be brought to bear [4:19:29] on the issue of making sure development happens. [4:19:34] Because I've worked across Ontario. [4:19:36] It's an issue everywhere [4:19:38] where somebody gets an approval [4:19:40] and an allocation and sits on it. [4:19:44] And it basically freezes development elsewhere [4:19:47] on the basis of those approvals. [4:19:50] So it's a really important principle to get through. [4:19:55] And I hope that it is successful in this official plan. [4:19:58] - [Jim] And the three were zoning, allocation, and? [4:20:02] - Draft plan. [4:20:03] - Draft plan, okay. [4:20:04] That's good. [4:20:05] I know our staff are all listening to that [4:20:08] to strengthen our sunset positioning. [4:20:10] That's great. [4:20:11] - Yeah, and sunset's what it's typically called. [4:20:14] - Yeah. - Call it whatever you want, [4:20:15] but- - I didn't know [4:20:16] it used to be in the Planning Act though. [4:20:17] - Yeah, many, many, many, many, many. [4:20:19] - Before 4.3.2 or after? [4:20:21] - Yes. [4:20:22] Well before. Well before. - Okay. [4:20:25] Just want to show I'm paying attention. [4:20:29] - Just want to finish and say that [4:20:30] I have no objection from this application gets renewed, [4:20:34] director of planning or even the council. [4:20:36] If they're truly legitimately showing that, [4:20:38] look, I'm working with it, the market is bad. [4:20:40] Sure, let's renew it. [4:20:41] Let's renew it. [4:20:42] But the fact that they sit on them and secure financing, [4:20:46] they have no intention of getting built. [4:20:48] You're not going to build 77-story in a half an acre. [4:20:51] No way. [4:20:52] It's just the financing. [4:20:53] And also, I just want to add that [4:20:55] the other downside of that is that [4:20:56] when we have, I don't know, 12 major hotels being approved. [4:21:01] If they're truly a legitimate builder [4:21:03] who really wants to build it, [4:21:04] if they see their 12 approval on a plan, [4:21:07] they would never come spending billion dollars [4:21:09] because what should... [4:21:10] They don't know. [4:21:11] If they start building, and the rest of them, they come up, [4:21:15] they lose money. [4:21:16] So I think it's very important for us, [4:21:17] not just for the youth, [4:21:18] not the fact that this is going to impact the housing market. [4:21:21] It's just to say that, you know what, [4:21:23] if you cannot build it, we're going to take it away, [4:21:26] blank a slate to someone else. [4:21:28] And now with that being said, [4:21:30] I want to thank the staff and the consultant [4:21:32] for really engaging the community. [4:21:34] And I know it's not easy to make everybody happy, [4:21:37] but I think if we all get a little bit something [4:21:39] and manage to compromise and recognizing the rest of us [4:21:43] might have different perspective, [4:21:45] I guess we will have a beautiful city. [4:21:47] Thank you very much. [4:21:47] - Thanks, Aras. [4:21:48] Thank you very much. [4:21:50] Is there anyone else? [4:21:51] I'm afraid to ask. [4:21:52] Okay. There's none. [4:21:53] Okay. [4:21:54] Before anyone else steps up, [4:21:55] thank you for everyone's efforts, time, and input, [4:21:59] and 4.3.2. [4:22:01] And now I'm looking, [4:22:04] the meeting for the official plan is now concluded. [4:22:07] So I'm looking for motion, two parts, [4:22:09] one that we receive the information, [4:22:11] and two, direct staff to consider [4:22:13] the comments received at this meeting, [4:22:16] the open house, this public meeting, [4:22:18] and in the final draft of our Niagara Falls Official Plan. [4:22:21] Motion by Councilor Kerrio, second by Councilor Nieuwesteeg. [4:22:24] Any discussion to the motion? [4:22:26] Councilor Lococo? [4:22:27] - Not necessarily to the motion, I'll vote for it. [4:22:29] I just had a couple of final comments or questions. [4:22:32] - Okay. - If that's okay. [4:22:33] Well, not questions now, just comments, [4:22:34] because we've already done the questions. [4:22:36] - Yep. - Yeah. [4:22:41] - In the official plan, it talks about vacancy rate, [4:22:45] looking at the vacancy rate over three years [4:22:49] and it needs to be 3%. [4:22:50] I do have a concern. [4:22:52] I know it's a CMHC guideline for the vacancy rate, [4:22:56] but what I've been hearing from a lot of landlords [4:22:58] here in Niagara Falls is that [4:22:59] they don't want to rent to long-term tenants. [4:23:02] They would rather leave their building vacant. [4:23:05] And I'm afraid if the vacancy rate [4:23:08] is applied to a vacation rental unit, [4:23:11] whether another one can be added [4:23:14] or if it's going to be removed, that's my concern. [4:23:19] So I don't know linking the vacancy rate [4:23:21] to adding more VRUs is, [4:23:27] if it's going to be accurate, [4:23:28] because I don't think the vacancy rate is accurate. [4:23:31] And I know CMHC does it, [4:23:33] so I don't quite know how we would. [4:23:35] - [Jim] I don't know who would address this. [4:23:38] Ms. Dolch? [4:23:39] - Thank you, Your Worship. [4:23:40] So the policies in the plan about these, [4:23:46] about the vacancy rate and the vacation rental units, [4:23:49] we want to make sure there's some kind of standard. [4:23:52] And if we don't use the vacancy rate, [4:23:55] the question is, what do we use? [4:23:57] And the vacancy rate is the only tool [4:23:59] that we have at this point in time [4:24:01] to determine whether or not we should start to [4:24:05] allow these things to happen. [4:24:09] There's other provisions in there also, [4:24:12] but I think we need to make sure we have some kind of basis. [4:24:18] If I take that out, there is no basis. [4:24:21] Vacancy rate can be 1%, [4:24:23] and they could come forward and just meet the other policy. [4:24:26] So we want to make sure that they have [4:24:28] at least the minimum based on that information from CMHC. [4:24:34] In terms of those residents [4:24:35] that may not rent it but have it, [4:24:37] we can't help that we don't know who they are. [4:24:39] All we have is the information that we get [4:24:42] from CMHC at this point. [4:24:43] - Okay. Thank you. [4:24:45] I just have a concern about it, [4:24:46] and I don't know how that's going to work out. [4:24:47] Okay. [4:24:49] We also talk about the mineral aggregate resources [4:24:52] and there's a map of the resources. [4:24:55] I'm glad to see the map there, [4:24:57] and I spoke with Ms. Dolch about this. [4:24:59] There's resources all mapped out. [4:25:01] We know that they're there, [4:25:03] and I link this to Fernwood. [4:25:04] We knew that the resources were there, [4:25:06] but yet we built that anyway. [4:25:08] So when we're looking at this map, [4:25:10] I want to make sure that we're extra diligent [4:25:12] that we're not building homes in an area [4:25:15] that there would be mineral extraction. [4:25:17] So I'm really glad to see that map there. [4:25:24] This was interesting. [4:25:25] So when I was reading this about Queen Victoria Park, [4:25:28] and I know, Mr. Mayor, you brought up [4:25:29] saying that we weren't responsible. [4:25:31] There were things in here that I read [4:25:34] that I did feel responsible for. [4:25:35] I know that technically [4:25:37] we're not responsible to do anything, [4:25:38] but some of the wording that was in here [4:25:40] about Queen Victoria Park [4:25:42] to protection of the escarpment [4:25:45] and separating Queen Victoria Park [4:25:47] is significant natural features. [4:25:49] Establishing plans for future harmony development [4:25:52] within and adjacent to the park [4:25:54] provide support for new development within the park [4:25:57] on non-intrusive facilities [4:25:59] which interpret and/or enhance the falls experience. [4:26:03] New buildings and structures should complement [4:26:06] and not detract from open space viewing, function, and park. [4:26:09] So when I read that, I asked Ms. Dolch, [4:26:11] was this added in after [4:26:13] the discussion about Queen Victoria Park? [4:26:14] And she said, "No, it's been in the official plan." [4:26:16] So I found it interesting, [4:26:18] but I do feel responsible that we could work [4:26:20] with the Niagara Parks Commission to have those discussions. [4:26:23] So that was just a comment that I wanted to state. [4:26:27] And then going back to that environmental overlay, [4:26:32] we've talked about the other woodlands [4:26:34] and the other wetlands. [4:26:35] And I'm really happy that they're there. [4:26:37] I think we do need to protect it. [4:26:39] I want more to protect more. [4:26:41] I just don't want the minimum. [4:26:43] So that's great. [4:26:43] We're protecting our environment, [4:26:45] and those are all my comments. [4:26:46] Thank you. - Thank you, Councilor. [4:26:48] Yes, Councilor Patel. [4:26:51] - I just have one comment. [4:26:52] Is it possible for us to see [4:26:54] the progress that has made in a city over the years? [4:26:57] I'm sure official plan, when the map comes out... [4:27:00] - Progress. - Because I'm sure, [4:27:01] 20 years ago, there were lots more trees in the city, [4:27:04] then residents happen, [4:27:05] and maybe, 100 years ago, there were trees everywhere, [4:27:07] and then even city hall happened the same place. [4:27:11] Is there some way for us to see it, [4:27:13] the progress of the city? [4:27:14] - I'm sure we're planning. [4:27:15] Is that a yes. Ms. Dolch? [4:27:19] - Thank you, Your Worship. [4:27:20] So there's a couple resources there [4:27:22] in terms of tree canopy and the changes over the years. [4:27:25] Obviously, there's air photos going back. [4:27:27] We have air photos across the whole city. [4:27:29] But in terms of progress, [4:27:32] and I'm going to take it more from [4:27:33] a development perspective too. [4:27:35] We are looking at, in planning, [4:27:37] showing all the things that have happened [4:27:40] and all the approvals and the things that have been built. [4:27:43] So we're going to have kind of a showcase coming out. [4:27:46] It's going to be definitely after August 11th, [4:27:48] but we are working on that to kind of show [4:27:52] what you saw at council [4:27:54] and what was built kind of display. [4:27:57] So we are working on that. [4:27:58] But again, the tree canopy, [4:28:00] I know Mr. Nickel's group has done [4:28:02] quite a bit of work on the tree canopy, [4:28:04] but you can see from the air photos progress [4:28:07] and something that will continue to be monitored as we go. [4:28:12] - Okay. Thank you. [4:28:13] So what I'd like to do now. [4:28:14] So we call the vote first. [4:28:15] All those in favor? [4:28:17] Okay, unanimous. [4:28:18] And then Madam Clerk, you've got a motion to bring forward [4:28:22] that Councilor Pietrangelo suggested. [4:28:25] - Okay. Thank you, Mr. Mayor, through you. [4:28:29] Earlier this afternoon, evening, [4:28:32] Councilor Pietrangelo had requested that [4:28:35] the opportunity to have further education [4:28:39] provided by staff and consultants. [4:28:41] And as such, [4:28:44] because we haven't put it yet onto the agenda, [4:28:47] my recommendations as the clerk would be that [4:28:50] we do first proceed with a pass of the... [4:28:55] Sorry, a motion to- [4:28:57] - Waive. - Thank you. [4:28:59] I'm sorry. [4:29:00] To waive the procedure bylaw. [4:29:01] We'll need a two thirds majority. [4:29:02] And then from there, I have scribed [4:29:05] the resolution to go in camera. [4:29:07] And then that way, it's the August the 4th meeting, [4:29:10] we can just proceed as directed. [4:29:13] - Okay, so I need a motion. [4:29:14] Motion by Councilor Pietrangelo, [4:29:15] second by Councilor Nieuwesteeg [4:29:16] to waive the procedural bylaw. [4:29:18] All those in favor. [4:29:19] Okay, it's unanimous. [4:29:20] - To move the resolution. [4:29:22] - A motion by Councilor Pietrangelo, [4:29:23] second by Councilor Nieuwesteeg, [4:29:24] that we make a motion [4:29:26] to have a special information council meeting [4:29:29] on the 4th of August. [4:29:32] - [Margaret] To commence at two o'clock. [4:29:33] - To commence at two o'clock. [4:29:34] - [Margaret] Yes. Thank you. [4:29:35] - Okay. We'll call that vote. [4:29:36] All those in favor? [4:29:37] That's unanimous. [4:29:38] - Thank you. - Now the bylaws? [4:29:39] - [Margaret] Yes, correct. [4:29:41] First, second, third. - First, second, third. [4:29:42] - Councilor Pietrangelo makes a motion [4:29:44] to give the bylaws the first, second, and third reading, [4:29:45] seconded by Councilor Strange. [4:29:48] All those in favor? [4:29:50] Okay. [4:29:51] (Jim laughs) [4:29:53] The Oleo guys are happy. [4:29:54] "Let's get out of here." [4:29:55] Some other time. [4:29:57] What else? Is there anything else? [4:29:59] - [Margaret] Adjournment, please. [4:30:00] - Motion for adjournment. [4:30:00] Councilor Kerrio. (laughs) [4:30:01] I've never seen your hand move so fast. [4:30:03] Second by Councilor Baldinelli. [4:30:05] All those in favor? [4:30:06] We are concluded. [4:30:08] Thank you, everybody. [4:30:09] Thank you to our consultants. [4:30:12] 4.3.2. [4:30:13] Thank you to Oleo sticking it out to the end.