08-09-2022 - No. 12The City of Niagara Falls, Ontario
Resolution
August 9th, 2022
No. 12
Moved by: Councillor Lori Lococo
Seconded by: Councillor Mike Strange
WHEREAS subject to section 47 of the Planning Act, 1990 R.S.O. the Minister of
Municipal Affairs and Housing may exercise any of the powers conferred upon Council
by Section 34 (Zoning By-law) of the Planning Act; and,
WHEREAS the applicant requests Council consider passing a resolution to support a
Minister's Zoning Order regarding lands on the south side of Mountain Road, between
Kalar Road and Garner Road; and,
THEREFORE be it resolved that Council supports the requested Minister's Zoning Order,
subject to the following conditions:
1. That the lands proposed for the golf course, inn and resort and vineyard at the
south-east corner of Mountain Road and Kalar Road be zoned site-specific
Agriculture (A-XXXX), the balance of the golf course be zoned site specific
Agriculture (A-XXYY), and lands with natural heritage features and associated
buffers be zoned site specific Environmental Protection Area (EPA-XXXY).
2. That the MZO contain conditions requiring the following studies, prior to
development or site alteration:
a. An Agricultural Impact Study;
b. An Environmental Impact Study;
C. A Municipal Servicing Study;
d. A Transportation Impact Study; and
e. An Archaeological Study.
3. That the MZO contain a condition allowing consideration of connecting the
development into municipal infrastructure provided there is available servicing
capacity beyond servicing requirements within the City's Urban Area Boundary
until 2051, as identified in a municipal wide Master Servicing Plan.
4. That the MZO contain the other regulations outlined in this report.
5. That the Minister of Municipal Affairs be requested to add a further condition,
requiring the applicant enter into a site plan agreement and/or development
agreement that shall, among other matters, require the developer to obtain all
approvals for the technical feasibility from the City, Region and Ministry of the
Environment, Conservation and Parks for either private servicing or extension of
municipal services at the applicant's cost.
6. That the City review in detail the draft by-law before submitting the final requested
by-law to the Minister.
WHEREAS Council has determined such request to be appropriate;
THEREFORE BE IT RESOLVED that the Council of the City of Niagara Falls supports
the requested Ministry's Zoning Order.
AND The Seal of the Corporation be hereto affixed.
Carried (Councillors loannoni and Lococo were opposed).
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WILLIAM G. MATSON
CITY CLERK
S:\ZONING\AMS\2022\Bylaws\Resolution AM 2022 013 MZO Mountain Road.docx
ISM
JAMES M. DIODATI
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