08-30-2022
AGENDA
Special City Council Meeting
1:00 PM - Tuesday, August 30, 2022
Council Chambers/Zoom App.
All electronic meetings can be viewed
on this page, the City of Niagara Falls
YouTube channel, the City of Niagara
Falls Facebook page, along with
YourTV Niagara.
Page
1. CALL TO ORDER
2. ADOPTION OF MINUTES
2.1. Council Minutes of August 9, 2022
City Council - 09 Aug 2022 - Minutes - Pdf
6 - 34
3. DISCLOSURES OF PECUNIARY INTEREST
Disclosures of pecuniary interest and a brief explanation thereof will be
made for the current Council Meeting at this time.
4. BY-LAWS
The City Clerk will advise of any additional by-laws or amendments to
the by-law listed for Council consideration.
2022-
097.
A by-law to authorize the execution of three Amendment of
Section 37 Agreements with 2676555 Ontario Limited, 2676557
Ontario Limited and 2676562 Ontario Limited, respectively,
pursuant to Section 37 of the Planning Act respecting the
provision of certain facilities, services and matters by 2676555
Ontario Limited, 2676557 Ontario Limited and 2676562 Ontario
Limited in return for amendments to By-law No. 79-200 for
increase in height and/or density.
Execution By-law re Amendment to Section 37 Agreements -
6880 Stanley Av.docx
35 - 36
2022-
098.
A by-law to amend By-law Nos. 395, 1966 and 79-200 to
regulate the plan of subdivision located on Part of Lot 19,
Concession 2 Willoughby on the lands (AM-2019-007).
37 - 40
Page 1 of 112
By-law - AM-2019-007 ZBA by-law
By-law - AM-2019-007 ZBA Schedule 1
2022-
099.
A by-law to amend By-law No. 79-200 to permit the use of the
lands for 60 storey tower and to repeal By-law Nos. 2012-80 and
2013-108. (AM-2021-014).
By-law - AM-2021-014 ZBA by-law - Central Parcel
By-law 99 - AM-2021-014 Central - ZBA Schedule 1
By-law 99 - AM-2021-014 Central - ZBA Schedule 2
By-law 99 - AM-2021-014 Central - ZBA Schedule 3
41 - 49
2022-
100.
A by-law to amend By-law No. 79-200 to permit the use of the
lands for 45 storey tower and to repeal By-law Nos. 2012-81 and
2013-109 (AM-2021-014).
Bylaw 100 - AM-2021-014- North Parcel - ZBA by-law -
REVISED
By-law 100 - AM-2021-014 North - ZBA Schedule 1
By-law 100 - AM-2021-014 North - ZBA Schedule 2
By-law 100 - AM-2021-014 North - ZBA Schedule 3
50 - 58
2022-
101.
A by-law to amend By-law No. 79-200 to permit the use of the
lands for 39 storey tower and to repeal By-law Nos. 2012-82 and
2013-110. (AM-2021-014).
By-law - AM-2021-014 ZBA by-law - South Parcel
By-law 101 - AM-2021-014 South - ZBA Schedule 1
By-law 101 - AM-2021-014 South - ZBA Schedule 2
By-law 101 - AM-2021-014 South - ZBA Schedule 3
59 - 67
2022-
102.
A by-law to provide for the adoption of Amendment No. 153 to
the City of Niagara Falls Official Plan (AM-2021-014).
By-law - AM-2021-014 OPA 153 By-law - no schedule
68 - 71
Page 2 of 112
By-law - AM-2021-014 OPA 153 Pt1 - Preamble
By-law - AM-2021-014 OPA 153 Pt2 - Body
2022-
103.
A by-law to amend By-law No. 79-200, to permit the use of the
lands for a 35 and 36 storey mixed use development subject to
the removal of a holding (H) symbol (AM-2021-019)
By-law - AM-2021-019 ZBA By-law (2)
By-law 103 - AM-2021-019 - ZBA Schedule 1
By-law 103 - AM-2021-019 - ZBA Schedule 2
72 - 78
2022-
104.
A by-law to provide for the adoption of Amendment No. 144 to
the City of Niagara Falls Official Plan (AM-2021-019).
By-law - AM-2021-019 OPA 144 By-law
By-law - AM-2021-019 OPA 144 Pt1 - Preamble
By-law - AM-2021-019 OPA 144 Pt2 - Body
By-law - AM-2021-019 OPA 144 - Map 1
79 - 83
2022-
105.
A by-law to designate Lots 139 and 141, Plan 291 to be deemed
not to be within a registered plan of subdivision (AM-2021-019).
By-law - AM-2021-019 Deeming By-law
84
2022-
106.
A by-law to amend By-law No. 79-200, to permit the use of the
lands for 55 townhouse and 88 apartment (stacked townhouse)
dwelling units in 16, 4.5 storey apartment buildings and to repeal
By-law No. 2001-132 (AM-2021-021).
By-law - AM-2021-021 ZBA by-law
By-law - AM-2021-021 ZBA Schedule 1
85 - 87
2022-
107.
A by-law to provide for the adoption of Amendment No. 150 to
the City of Niagara Falls Official Plan (AM-2021-021).
By-law - AM-2021-021 OPA 150 By-law
By-law - AM-2021-021 OPA 150 Pt 1 Preamble
By-law - AM-2021-021 OPA 150 Pt 2 Body
88 - 91
Page 3 of 112
By-law - AM-2021-021 OPA 150 Schedule A
2022-
108.
A by-law to amend By-law No. 79-200, to permit the use of the
lands for a 10-storey apartment dwelling, containing a total of
107 dwelling units and ancillary commercial space, subject to the
removal of a holding (H) symbol (AM-2022-007).
By-law - AM-2022-007 ZBA by-law
By-law - AM-2022-007 ZBA Schedule 1
By-law - AM-2022-007 ZBA Schedule 2
92 - 96
2022-
109.
A by-law to provide for the adoption of Amendment No. 145 to
the City of Niagara Falls Official Plan (AM-2022-007).
By-law - AM-2022-007 OPA 145 By-law
By-law - AM-2022-007 OPA 145 Pt 1 Preamble
By-law - AM-2022-007 OPA 145 Pt 2 Body
By-law - AM-2022-007 OPA 145 Schedule A
97 - 100
2022-
110.
A by-law to designate Lots 9 and 10, W/S Main St, N of Lundy’s
Lane, Plan 653 to be deemed not to be within a registered plan
of subdivision (AM-2022-007).
By-law - AM-2022-007 Deeming
101
2022-
111.
A by-law to amend By-law No. 79-200, to permit the use of the
lands for 80 townhouse dwelling units (AM-2022-010).
By-law - AM-2022-010 ZBA by-law
By-law - AM-2022-010 ZBA Schedule 1
102 - 104
2022-
112.
A by-law to amend By-law No. 395, 1966 to permit a reduction in
minimum lot frontage of the lands (AM-2022-016).
By-law - AM-2022-016 ZBA by-law
By-law - AM-2022-016 ZBA Schedule 1
105 - 107
2022-
113.
A by-law to provide for the adoption of Amendment No. 151 to
the City of Niagara Falls Official Plan (AM-2022-016).
108 - 111
Page 4 of 112
By-law - AM-2022-016 OPA 151 by-law
By-law - AM-2022-016 OPA 151 Pt 1 Preamble
By-law - AM-2022-016 OPA 151 Pt 2 Body
By-law - AM-2022-016 OPA 151 Schedule A
2022-
114.
A by-law to adopt, ratify and confirm the actions of City Council
at its meeting held on the 30th day of August, 2022.
08 30 22 Confirming By-law
112
5. ADJOURNMENT
Page 5 of 112
MINUTES
City Council Meeting
1:00 PM - Tuesday, August 9, 2022
Council Chambers/Zoom App.
The City Council Meeting of the City of Niagara Falls was called to order on Tuesday, August
9, 2022, at 1:05 PM, in the Council Chambers, with the following members present:
PRESENT: Mayor Jim Diodati, Councillor Wayne Campbell, Councillor Chris
Dabrowski, Councillor Vince Kerrio, Councillor Lori Lococo, Councillor
Victor Pietrangelo, Councillor Mike Strange, Councillor Wayne Thomson
(all present in Chambers)
Councillor Carolynn Ioannoni (present via Zoom)
STAFF
PRESENT:
Jason Burgess, Bill Matson, Margaret Corbett, Kira Dolch, James
Dowling, Nidhi Punyarthi, Erik Nickel, Shawn Oatley, Chris Burton
(present in Chambers) Deputy Fire Chief, Ken Henry (present in
Chambers and on Zoom)
Kathy Moldenhauer, Trent Dark, Serge Felicetti, Dale Morton, Carla Stout
(present over Zoom)
1. IN CAMERA SESSION OF COUNCIL
1.1. Resolution to go In-Camera
Moved by Councillor Chris Dabrowski
Seconded by Councillor Victor Pietrangelo
That Council entered In-Camera session at 1:05PM.
Carried Unanimously
2. CALL TO ORDER
The meeting was called to order at 1:42PM
3. ADOPTION OF MINUTES
3.1. Council Minutes of July 12, 2022
Moved by Councillor Lori Lococo
Seconded by Councillor Wayne Thomson
That Council approve the minutes of the July 12, 2022 meeting as presented.
Carried Unanimously
4. DISCLOSURES OF PECUNIARY INTEREST
1. Councillor Lococo declared a conflict of interest on items:
Page 1 of 29
Page 6 of 112
• 7.4 - PBD-2022-61, Official Plan, only as it pertain to Bridge Street Victoria
Avenue
• 7.8 - PBD-2022-60, Official Plan Amendment 149, as it pertains to Inclusionary
Zoning Downtown.
2. Councillor Kerrio declared a conflict of interest on items:
• 8.11 - PBD-2022-19 By-law amendment (5613, 5631, 5633 Victoria) as the
Councillor owns property next door.
• 14.1 - Resolution re 5631, 5633 Victoria as the Councillor owns property next
door
• 17 - By-law 2018-88 - Boyer's Creek Drain
3. Councillor Pietrangelo declared a conflict of interest for items:
• 7.4 - PBD-2022-61 - Employment Policies as family owns land which can be
affected.
• 8.10 - PBD-2022-58/AM-2022-002/14.2 Resolution/By-law 2022-087 -
OPA/ZBCA/Minor Zoning regulation - primary residence within notification zone
• 9.6 - MW-2022-47 - Growth Related Municipal Servicing - conflict with
"recommendation 3" of the region's new official plan - family owns land
identified in this area
5. MAYOR'S REPORTS, ANNOUNCEMENTS
Canada Games— On Now!
• Hall of Honour Induction
o Councillor Mike Strange for his philanthropy in sport.
o Presented by Ron MacLean and Catrina LeMay Doan
• Opening Ceremonies
o Airport arrivals
o Incredible celebration / opening
• NF Paired with Northwest Territories—”13 for 13 Celebration”
o Our celebration is also the Closing Ceremony for the Games
o At Queen Victoria Park on Sunday, August 21st
• Baseball and Golf taking place in Niagara Falls
o Tickets at niagara2022games.ca
Plaque Unveiling for Chippawa Docks Committee
• Also attended by Councillors Dabrowski and Pietrangelo
City Council Representatives
• Steppe Up for Ukraine Fundraiser
• Queen Street Latin Festival
Councillor Strange
• Welcome and flag raising for Ghana King
• Annual Commemorative Service for Battle of
Lundy’s Lane
Councillor Thomson
Grand Openings/ Business Happenings
• Lupos Little Eataly Inc. – also attended by Councillor Strange and Councillor Pietrangelo
• 25 Year Celebration – Stuart Berry, Chiropodist – also attended by Councillor Pietrangelo
Page 2 of 29
Page 7 of 112
• Sport Chek Grand Opening
• Hot Lobster Dim Sum
• Icon Autographs – also attended by Councillor Dabrowski, Councillor Pietrangelo and
Councillor Strange
• Kothu Labs
• Letesha’s Boutique – also attended by Councillor Pietrangelo
• Goldie’s Museum – also attended by Councillor Pietrangelo
• Staples Grand Re-opening
NOTE: Break for Municipal Elections this Fall, Monday, October 24th
Next Meetings:
• Inaugural of the new Council – Tuesday, November 15th
• First Regular Meeting of Council – Tuesday, November 22nd
6. DEPUTATIONS / PRESENTATIONS
6.1. Parkway Fire Rescue Recipient
Deputy Fire Chief Ken Henry made a presentation of a Fire Chief's Coin to
Maggie Letourneau, for demonstrating an act of bravery on July 13, 2022.
6.2. Vacation Rental Units (VRUs)
Gerald Spencer, Manager of Municipal Enforcement Services, provided
Council with a presentation pertaining to the strategy to enforce by -laws related
to illegal Vacation Rental Units (VRUs).
Moved by Councillor Vince Kerrio
Seconded by Councillor Mike Strange
That Council receive the Vacation Rental unit presentation by Gerald Spencer,
Manager of Municipal Enforcement Services.
Carried Unanimously
9. CONSENT AGENDA
.
Consent Agenda items #9.1 - #9.11 were combined and moved in block by one
motion of Council.
Moved by Councillor Vince Kerrio
Seconded by Councillor Wayne Campbell
That Council approve recommendations in items 9.1-9.11 of the Consent
Agenda.
Carried Unanimously
Item 9.6 Councillor Lococo opposed to expansion of urban boundary
9.1. F-2022-38
Tax Receivables Monthly (June)
Page 3 of 29
Page 8 of 112
9.2. F-2022-39
Corporation of the City of Niagara Falls, Ontario – Trust Funds
Financial Statements December 31, 2021
9.3. F-2022-44
Cancellation, Reduction or Refund of Taxes Under Section 357 and 358 of
The Municipal Act, 2001
9.4. L-2022-04
Encroachment Agreement with the City
6085 Lundy's Lane - Stairs encroaching into Lowell Avenue
(Iglesia Ni Cristo)
Our File No.:2022-98
9.5. MW-2022-46
Adopt A Hydrant Program
9.6. MW-2022-47
Growth Related Municipal Servicing
9.7. MW-2022-50
Harper Drive - Parking Control Review
9.8. MW-2022-51
Clifton Hill Sidewalk Widening Phase 2 Contract Award 2022-561-21
9.9. PBD-2022-59
GTY-2022-001, Gateway Community Improvement Plan Application
7873 Blackburn Parkway
Applicant: Calabrese Holdings (Frank Gallo)
9.10. R&C-2022-17
2022 Sports Wall of Fame Inductees
9.11. R&C-2022-18
2022 Arts & Culture Wall of Fame Inductee
7. PLANNING MATTERS
7.1. PBD-2022-55
AM-2022-010 and 26CD-11-2022-005
Zoning By-law Amendment and a Draft Plan of Vacant Land
Condominium
Roll # 270506001402150, 5610, & 5630 Dorchester Road
Page 4 of 29
Page 9 of 112
Applicant: Loyalist Crossing Development Inc.
Agent: Peter Lesdow
The public meeting commenced at 2:30PM.
Alexa Cooper, Planner 2, provided an overview of the report PBD-2022-55.
1 member of the public spoke to this application:
• Don Calaguiro, 5581 Woodland Blvd., spoke to the issue of tree
protection of the area and opposition to the set-back.
Rocky Vacca, Sullivan Mahoney, agent of applicant, made a presentation on
behalf of owner Peter Lesdow.
Public meeting ended at 2:53PM.
Moved by Councillor Mike Strange
Seconded by Councillor Victor Pietrangelo
Recommendations:
1. That Council approve the Zoning By-law amendment application to
rezone the lands to a site specific Residential Low Density, Grouped
Multiple Dwellings (R4), to permit 80 townhouse dwelling units.
2. That the Plan of Vacant Land Condominium be draft approved subject to
the conditions in Appendix A;
3. That the notice of decision include a statement that public input has
been received, considered, and has informed the decision of Council;
4. That the Mayor or designate be authorized to sign the draft plan as
"approved" 20 days after notice of Council’s decision has been given as
required by the Planning Act, provided no appeals of the decision have
been lodged;
5. That draft approval be given for three years, after which approval will
lapse unless an extension is requested by the developer and granted by
Council;
6. That the Mayor and City Clerk be authorized to execute the
Condominium Agreement and any required documents to allow for the
future registration of the condominium when all matters are addressed
to the satisfaction of the City Solicitor; and
7. That interested residents be included in the vacant land of condominium
process.
Carried
Councillor Lococo opposed
7.2. PBD-2022-63
AM-2022-014, Zoning By-law Amendment Application
5528 Ferry Street
Page 5 of 29
Page 10 of 112
To permit the mixed-use development of Building A at a height of 16
storeys and 57 metres providing 168 apartment dwelling units and
Building B at a height of 14 storeys and 48 metres providing 286
apartment dwelling units; no changes are proposed for Building C
Applicant: La Pue International Inc. (Pawel Fugiel)
Agent: ACK Architects (Michael Allen)
The public meeting commenced at 2:54PM.
Julie Hannah, Planner 2, provided an overview of the report PBD-2022-63.
Members of Council asked questions of staff regarding the presentation; Staff
provided responses.
Zero members of the public were present to speak to the application.
Rocky Vacca, Sullivan Mahoney, and Michael Allen were representatives of the
applicant.
Council was provided the opportunity to ask questions of the agents.
Meeting closed at 3:21PM.
Moved by Councillor Wayne Thomson
Seconded by Councillor Vince Kerrio
1. That Council approve the Zoning By-law amendment as detailed in this
report to permit the mixed use development of Building A at a height of
16 storeys and 57 metres providing 168 apartment dwelling units and
Building B at a height of 14 storeys and 48 metres providing 286
apartment dwelling units, subject to the regulations outlined in this
report, and with respect to parking such that:
a. 15 parking spaces for car share are provided dispersed equally
between the 3 buildings; and,
b. the provision of indoor secured bicycle parking with allowance for
storage of at least 1 bicycle per unit; and,
c. the insertion of clauses in the amended site plan/condominium
agreements that the applicant/owner provides a 10 -ride transit
pass for each of the 889 dwelling units.
Carried Unanimously
7.3. PBD-2022-62
AM-2022-016
Official Plan and Zoning By-law Amendment Application
Bailey Avenue, at the eastern terminus of Avery Boulevard
Part of Lot 15, Broken Front Concession, Niagara River, Part 1 59R-16038
Page 6 of 29
Page 11 of 112
To apply a Special Policy Area designation to a portion of the property,
and to zone a portion of the lands a site specific Rural zone under Zoning
By-law No. 395, 1966 (Willoughby) to permit the severance of three 0.5
hectares parcels of land
Applicant: 800460 Ontario Limited (Eric Henry)
Agent: Matt Kernahan (Upper Canada Consultants)
The public meeting commenced at 3:22PM.
Julie Hannah, Planner 2, provided an overview of the report PBD-2022-62.
Council was able to ask questions of Staff and Staff provided comments.
1 member of the public spoke to the application.
• Jarrod Hunter, 3260 Avery Blvd., spoke in support of the development.
Matt Kernahan, Upper Canada Consultants, made a presentation to Council.
Meeting ended at 3:43PM.
Moved by Councillor Chris Dabrowski
Seconded by Councillor Wayne Thomson
That Council approve the Official Plan and Zoning By -law amendments as
detailed in this report to apply a Special Policy Area designation to a portion of
the property and to zone a portion of the lands a site specific Rural zone under
Zoning By-law No. 395, 1966 (Willoughby), subject to the regulations outlined in
this report, to permit the severance of three 0.5 hectares parcels of land.
Carried Unanimously
7.4. PBD-2022-61
City Initiated Amendments to the Official Plan and Zoning By-laws 395
and 79-200 for new Employment Policies
The public meeting commenced at 3:43PM.
Kelly Martel, from Dillon Consulting, provided a presentation.
Kira Dolch, Director of Planning and Brian Dick, Manager of Development,
provided some additional comments.
Council was able to ask questions and Staff provided responses.
7 members of the public spoke to this application:
• John Ariens, IBI Group, agent for owner of 7702 Chippawa Creek Road,
expressed desire to have land designated as prestige industrial.
Page 7 of 29
Page 12 of 112
• Dan Ramanko, Better Neighbourhoods, representative for 7047
Reixinger Road and 5789 Lyons Creek Road, requested deferal and
stated that this is not the right site for employment lands.
• Jeffrey Dreben, Global Development Group, 6515 McCleod Road, not
supportive of the proposal.
• Glenn Wellings, Wellings Planning Consultants Inc, as a representative
of Cytec at 9304 McCleod Road not in favor of increased industrial
lands.
• Nancy Smith, agent of 8970 Stanley Ave., not in support of rules being
changed part way through application process.
• Kevin Jacobi, Canada BW Logistics concerned about the impact on his
business and other surrounding businesses.
• Rocky Vacca, Sullivan Mahoney, agent for 800460 Ontario Limited
owner of property on Stanley Ave., in favor of the application.
Council able to ask questions of Staff; and Staff provided responses.
The meeting ended at 5:22PM.
Moved by Councillor Mike Strange
Seconded by Councillor Wayne Campbell
Recommendations:
1. That Council receive the public input presented at the second Public
Meeting and the modification of policies as requested by Niagara
Region.
2. That Staff forward the draft Official Plan Amendment #147 and the draft
zoning by-law amendments to By-law 79-200 and By-law 395, with any
required modifications, to a future Council meeting for adoption.
3. That once adopted, the Official Plan Amendment #147 be forwarded to
the Region for approval.
Carried Unanimously
Councillors Lococo and Pietrangelo declared a conflict.
Moved by Councillor Chris Dabrowski
Seconded by Councillor Wayne Campbell
That Council waive procedure by-law to address item 8.11 of the agenda to be
addressed at this point in the agenda.
Carried Unanimously
8.11. PBD-2022-66
AM-2021-019, Official Plan and Zoning By-law Amendment Application
5613, 5631-5633 Victoria Avenue
Revised Proposal: 35 Storey and 36 Storey Apartment and On-Street
Dwellings on Shared Podium
Applicant: Fugiel International Group Inc.
Agent: Bousfields Inc. (David Falleta)
Page 8 of 29
Page 13 of 112
Moved by Councillor Wayne Thomson
Seconded by Councillor Wayne Campbell
Recommendations:
1. That subject to subsection 34(17) of the Planning Act, Council pass a
resolution to deem the revision to the Zoning By-law amendment
application to be minor in nature and that no further notice is necessary.
2. That Council approve the Official Plan and Zoning By-law amendments
to exceed the 30 storey limit for a 35 storey and 36 storey apartment and
on-street dwellings on the subject lands, subject to a parking rate of 1.03
parking spaces per dwelling unit, and subject to the regulations outlined
in Staff report PBD-2022-12.
3. That the amending zoning by-law include a Holding (H) provision to
require an updated wind study.
4. That the passage of the amending by-laws be conditional on the
execution of a Section 37 agreement for the mixed use building on 5613,
5631-5633 Victoria Avenue to secure contributions for streets cape
improvements on the abutting Victoria Avenue frontage and capital
facilities contribution based on 5% of the construction value of the net
floor areas above 30 storeys and the subject lands merging in title.
5. That the Mayor and Clerk be authorized to execute the Section 37
agreement to the satisfaction of the City Solicitor.
Carried Unanimously
Councillor Kerrio declared a conflict
7.5. PBD-2022-056
AM-2021-021, Official Plan and Zoning By-law Amendment Application
McLeoad Road, East of Alex Avenue (PIN: 644430357)
Proposal: 55 Townhouse & 88 Apartment (Stacked Townhouse) Dwelling
Units
Applicant: 2737826 Ontario Inc. (Avondale Homes, represented by
Arshpreet Sekhon)
The meeting was Chaired by Councillor Pietrangelo.
The public meeting commenced at 5:27PM.
Alexa Cooper, Planner 2, provided an overview of the report PBD-2022-56.
Members of Council were able to ask questions of presenter and staff provided
comments.
Zero members of the public spoke to this application.
John Henricks, NPG Planning Solutions, spoke on behalf of their client.
Public meeting ended at 5:37PM
Moved by Councillor Wayne Thomson
Page 9 of 29
Page 14 of 112
Seconded by Councillor Chris Dabrowski
Recommendations:
1. That Council approve the Official Plan amendment to place a Special
Policy Area on the land to designate the land Residential with a
maximum density of 75 UPH;
2. That Council approve the Zoning By-law amendment application to
rezone the land a site specific Residential Low Density, Grouped
Multiple Dwellings (R4) zone to permit the construction of 55 townhouse
and 88 apartment (stacked townhouse) dwelling units, for a total of 143
units; and,
3. That Council repeal By-law 2001-132 from the subject lands.
Carried Unanimously
Mayor Diodati was not present for vote
7.6. PBD-2022-64
AM-2022-005
Official Plan and Zoning By-law Amendment Application
North-east corner of McLeod Road and Kalar Road
Being Part 1, 59R-17155, Part of Stamford Township Lot 170
To permit 12 and 13 storey apartment buildings with 483 dwelling units
and protect Significant Woodland and Provincially Significant Wetland
(PSW)
Applicant: The Butera Group
Agent: Matt Kernahan (Upper Canada Consultants)
The public meeting commenced at 5:38PM.
Julie Hannah, Planner 2, provided an overview of the report PBD-2022-64.
Members of Council were able to ask questions of Staff and Staff provided
comments in response.
Zero members of the public spoke to the application.
Matt Kernahan, Upper Canada Consultants, represent the applicant and spoke
to the application.
Moved by Councillor Lori Lococo
Seconded by Councillor Wayne Thomson
That Council approve the Official Plan and Zoning By -law amendments as
detailed in this report for 12 and 13 storey apartment buildings on the subject
lands, in part, and the protection of Significant Woodland and Provincially
Significant Wetland (PSW), in part, subject to the regulations outlined in this
report.
Page 10 of 29
Page 15 of 112
Carried Unanimously
h) Moved by Councillor Victor Pietrangelo
Seconded by Councillor Mike Strange
THAT Council waive procedure by-law to address Public Meeting 7.8 prior to
7.7 as outlined on the agenda.
Carried Unanimously
7.8. PBD-2022-60
Statutory Public Meeting Report
Official Plan Amendment 149
Housing Policies
Kelly Martel, from Dillon Consulting, will give a brief presentation to
introduce the housing amendment.
The public meeting commenced at 5:50PM
Kelly Martel, from Dillon Consulting, gave a brief presentation to introduce the
housing amendment.
Council was able to ask questions of the presenter and Staff. Staff and the
presenter provided responses.
Zero members of the public spoke to the application.
Public meeting ended at 6:30PM.
Moved by Councillor Lori Lococo
Seconded by Councillor Wayne Campbell
Recommendations:
1. That Council receive the public input presented at the Public Meeting.
2. That Staff consider this public input and bring forward Official Plan
Amendment 149: Housing Policies to a future meeting of Council for
adoption.
Carried Unanimously
Councillor Lococo declared a conflict as it pertained to inclusionary
zoning Downtown
7.7. PBD-2022-67
AM-2021-014, Official Plan and Zoning By-law Amendment Application
6880 Stanley Avenue
To permit the development of a podium with a height of 3-5 storeys and
24 metres for tourist commercial uses, a mixed use building with a height
of 45 storeys and 190 metres, a mixed use building with a height of 60
storeys and 225 metres, and a residential building with a height of 39
storeys and 145 metres, and to permit vacation rental units as apartment
dwelling units.
Page 11 of 29
Page 16 of 112
Applicant: 2676555 Ontario Ltd., 2676557 Ontario Ltd., and 2676562
Ontario Ltd.
Agent: 3Bridges Properties (Group) Corp. Inc. (Reg Coates)
Julie Hannah, Planner 2, will provide an overview of the report PBD-2022-
67.
The public meeting commenced at 6:31PM.
Julie Hannah, Planner 2, provided an overview of the report PBD-2022-67.
Council was able to ask questions of Staff. Staff were able to provide
responses to the questions
Zero members of the public spoke to the application.
Jeremy Tran, Planning Consultant from NPG Planning Solutions, provided
comments regarding the application.
Public meeting ended at 6:46PM
Moved by Councillor Chris Dabrowski
Seconded by Councillor Vince Kerrio
1. That Council approve the Official Plan and Zoning By-law amendment as
detailed in this report to permit a podium with a height of 3-5 storeys and
24 metres for tourist commercial uses, a mixed use building with a height
of 45 storeys and 190 metres, a mixed use building with a height of 60
storeys and 225 metres, and a residential building with a height of 39
storeys and 145 metres, and to permit vacation rental units as apartment
dwelling units, subject to the regulations outlined in this report.
2. That the amending zoning by-law include a Holding (H) provision to
require an updated wind study unless a satisfactory updated wind study
is submitted and approved by Staff prior to the amending zoning by -law
being presented to Council for approval.
3. That the site plan/condominium agreement include clause(s) that
addresses any offsite servicing capacity issues at the sole cost to the
development should the Development wish to advance ahead of any
collective growth capacity infrastructure initiatives.
4. That the passage of the amending by-laws be conditional on the
execution of a amendment to the existing Section 37 agreements to
secure capital facilities contribution based on 5% of the construction value
of the net floor areas above 30 storeys.
Carried Unanimously
Page 12 of 29
Page 17 of 112
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Mike Strange
That Council waive the procedure by-law to address item 8.18 at this point of
the meeting.
Carried Unanimously
8. REPORTS
8.18. PBD-2022-48
Request for Council Resolution for A Minister's Zoning Order - 8656
Mountain Road and Lands on the South-West Corner of Mountain Road
and Kalar Road
Julia Redfearn and John Ariens from IBI Group on behalf of Hospitality Resorts
Inc. and Walker Aggregates provided a presentation regarding the report.
Council were able to ask questions of the presenters and Staff. Staff provided
responses.
Moved by Councillor Wayne Thomson
Seconded by Councillor Mike Strange
Recommendation:
That City Council support the requested Minister's Zoning Order (MZO) 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.
Page 13 of 29
Page 18 of 112
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 necessary technical feasibility approvals 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.
Carried
Councillors Ioannoni and Lococo opposed
8.1. CLK-2022-15
Fee Waiver Application
- Niagara Falls International Marathon Inc.
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Mike Strange
Recommendations:
That Council approve the Fee Waiver Application for:
1) Niagara Falls International Marathon - in the amount of $11,000.00, to
waive the fees associated with the road closure costs (staffing and equipment)
and for the charter fees for the transit vehicle request.
2) That Council acknowledge the out of budget expenditure (if approved, the
fee waiver budget would be over-budget by $26,524.86) and to have Staff find
a positive variance to help fund this budgetary overrun.
Carried Unanimously
8.2. F-2022-31
Policies relating to sections 26.1 and 26.2 of the Development Charges
Act, 1997, S.O. 1997, c. 27
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Wayne Thomson
Recommendation:
That Council adopt a policy regarding the timing of development charge
calculation, installment payments, and interest accrual on development charge
payments for the purposes of sections 26.1 and 26.2 of the Development
Charges Act in the form attached at Appendix 1 of this report.
Carried Unanimously
8.3. F-2022-41
2021 Water & Wastewater Budget to Actual Variance (unaudited)
Page 14 of 29
Page 19 of 112
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Vince Kerrio
Recommendation:
1. That the 2021 Water & Wastewater Budget to Actual Variance report for
the year ended December 31, 2021 be RECEIVED.
Carried Unanimously
8.4. L-2022-05
Declare Surplus of Lands
Park Street Road Allowance rear of 4650-4662 Bridge Street
Moved by Councillor Wayne Campbell
Seconded by Councillor Mike Strange
Recommendations:
1. That in the event Council determines that it is in the public interest to do so,
that the Park Street road allowance (located at the rear of 4650-4662 Bridge
Street), hereinafter referred to as the "Subject Lands", as shown in blue on the
attached map as Schedule "A", be permanently closed and declared surplus to
the City's needs.
2. That any sale of the Subject Lands be conditional upon the lands being
merged in title with the abutting lands.
3. That the Mayor and City Clerk and City Solicitor, be authorized to take
whatever steps necessary and sign whatever documents are required to carry
out Recommendations 1 and 2 above.
Carried Unanimously
8.5. MW-2022-45
2022 Tennis and Basketball Courts Improvements 2022-564-22 Contract
Award
Moved by Councillor Mike Strange
Seconded by Councillor Vince Kerrio
Recommendations:
1. That Council award the 2022 Tennis and Basketball Courts
Improvements Contract 2022-564-22 to the lowest compliant bidder,
D&R Landscape Group Inc. for $1,112,282.00 +HST.
2. That Council approve a 2022 capital budget amendment of $220,000
funded by Capital Special Purpose Reserves.
3. That the Mayor and Clerk be authorized to execute the necessary
documents.
Carried Unanimously
8.6. MW-2022-48
Dorchester Road Sewer Separation Cost Sharing Agreement
Page 15 of 29
Page 20 of 112
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Chris Dabrowski
Recommendations:
1. That Staff be directed to complete the Dorchester Road Sewer Separation
Improvements in conjunction with cost sharing with the developments of Village
on Dorchester (26CD-11-2021-003) and Dorchester Townhouses Development
(26CD-11-2022-004).
2. That Council authorize a 2022 Capital Budget Amendment in the gross
amount of $3,000,000 funded by a combination of Sewer Capital Special
Purpose Reserves and developer contributions.
3. That the Mayor and City Clerk be authorized to execute all necessary
Development/Cost Sharing agreements.
Carried Unanimously
8.7. MW-2022-49
Chippawa Parkway - Speed Control Review
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Vince Kerrio
Recommendations:
1. That the speed control plan consisting of six (6) speed cushions on
Chippawa Parkway between Thomas Street and Portage Road be
approved;
2. Subject to budget approval, that the installation of temporary (rubber)
speed cushions be installed until the permane nt speed control devices
can be incorporated as part of a future road rehabilitation project; and,
3. That the purchase of the temporary speed cushions be referred to the
2023 Capital Budget deliberations.
Carried Unanimously
8.8. MW-2022-52
Canadian Corps of Commissionaires - Contract Renewal
Moved by Councillor Wayne Campbell
Seconded by Councillor Chris Dabrowski
Recommendations:
1) That Council approve the contract extension for up to one (1) year with the
Canadian Corps of Commissionaires (Hamilton) for the supply of Parking Control
Services; and,
2) That the Mayor and City Clerk be authorized to execute the necessary
agreement.
Carried Unanimously
Page 16 of 29
Page 21 of 112
8.9. PBD-2022-57
AM-2019-015, Official Plan and Zoning By-law Amendment Application
Proposal: 72 Storey Mixed Use Building with Off-Site Parking
Applicant: 6609 Stanley Nominee Inc. (Jeremia Rudan)
Resolution to Deem Changes to a Proposed Zoning By-law to be Minor
Moved by Councillor Wayne Thomson
Seconded by Councillor Mike Strange
Recommendation:
That subject to subsection 34(17) of the Planning Act, Council pass a
resolution to deem the modifications to the draft zoning by-law, to be minor in
nature and that no further notice is necessary.
Carried Unanimously
8.10. PBD-2022-58
AM-2022-002
Official Plan and Zoning By-law Amendment
Minor Change to Zoning Regulation
Applicant: Cassone Dwellings (BT) Inc. (Daniel Marinovic)
Agent: Bousfields Inc. (Evan Sugden)
Moved by Councillor Vince Kerrio
Seconded by Councillor Mike Strange
Recommendations:
1. That subject to subsection 34(17) of the Planning Act, Council pass a
resolution to deem the revision to the Zoning By-law amendment
application to be minor in nature and that no further notice is necessary;
and,
2. That Council approve the revision to the Zoning By-law amendment as
detailed in this report.
Carried Unanimously
Councillor Pietrangelo declared a conflict of interest
8.12. PBD-2022-68
26T-11-2019-002 & AM-2019-007
Draft Plan of Subdivision and Zoning By-law Amendment
9234 Sodom Road and Part of Lot 19, Concession 2 Willoughby
Applicant & Agent: Polocorp Inc.
Comments were provided by the public and Polocorp Inc.
Garry Beck expressed issues with development process and would like to
keep condition #7 of the draft plan amendment.
Matthew Warzecha, Polocorop, Inc., acting on behalf of applicant at 9234
Sodom Road, would like to remove or amended condition #7 of the draft plan.
Moved by Councillor Mike Strange
Page 17 of 29
Page 22 of 112
Seconded by Councillor Chris Dabrowski
Recommendations:
1. That the application to amend the Zoning By-law be approved, subject
to the regulations outlined in this report;
2. That the Plan of Subdivision be draft approved subject to the conditions
in the attached Appendix A;
3. That the notice of decision include a statement that public input has
been received, considered, and has informed the decision of Council;
4. That the Mayor or designate be authorized to sign the draft plan as
"approved" 20 days after notice of Council’s decision has been given as
required by the Planning Act, provided no appeals of the decision have
been lodged;
5. That draft approval be given for three years, after which approval will
lapse unless an extension is requested by the developer and granted by
Council; and,
6. That the Mayor and City Clerk be authorized to execute the Subdivision
Agreement and any required documents to allow for the future
registration of the Subdivision when all matters are addressed to the
satisfaction of the City Solicitor.
Carried
Councillor Lococo opposed
8.13. TS-2022-02
Sole Source Procurement - Onboard Camera Systems
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Chris Dabrowski
Recommendations:
1. That Council approve the sole source procurement of an onboard
camera system for the Niagara Falls Transit Services fleet(s) and
support vehicles by Safe Fleet up to the project upset limit of $990,000,
inclusive of non-recoverable HST; and
2. That the City of Niagara Falls use Provincial Transit-Dedicated Gas Tax
to fund their portion of the Investing in Canada Infrastructure Program
(ICIP) approved project up to the investment limit of $264,033 as per
Report TS-2019-39 and per the 2021 Capital Budget as approved..
Carried Unanimously
8.14. TS-2022-03
Niagara Transit Commission: Establishment of Common Fare Structure &
Policy
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Chris Dabrowski
Recommendation:
That Council receives for information the common Region -wide fare structure
and policies adopted by the Niagara Transit Commission to become effective
on January 1, 2023 as established at their July 19, 2022 meeting.
Page 18 of 29
Page 23 of 112
Carried Unanimously
8.15. TS-2022-04
Investing in Canada Infrastructure Program (ICIP) Application – Sole
Source Procurement for Replacement of Farebox Technology
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Chris Dabrowski
Recommendations:
1. That Council approve the Investing in Canada Infrastructure Program
(ICIP) project application for $1,950,300 for the replacement of
fareboxes as set out in this report and that the City’s portion (26.67%)
totaling $520,730.10 be funded by Provincial Transit-Dedicated Gas tax.
2. That staff be authorized to procure fareboxes for fifteen (15) Regional
buses operated by the City of Niagara Falls, to be funded wholly by
Niagara Region, in the amount of $365,726 inclusive of non-rebateable
HST.
3. That the Mayor and Clerk be authorized to execute the required
agreements.
Carried Unanimously
8.16. L-2022-06
Staff Request for Two (2) Special Council Meetings
Moved by Councillor Vince Kerrio
Seconded by Councillor Wayne Campbell
Recommendation:
That Council receive this report for information purposes.
Carried Unanimously
8.17. CLK-2022-14
Request for Free Bus Fare for Eligible Electors for Advanced Voting
Dates and Election Day for the October 2022 (Municipal and School
Board Election)
Moved by Councillor Vince Kerrio
Seconded by Councillor Mike Strange
Recommendation:
THAT City of Niagara Falls Council approve free bus fare on Niagara Falls
Transit Services to eligible electors who present their Voter Notification Cards
on the schedule Advance Poll dates (October 1, 2, 7, 8, 14,15, 16, 2022) and
Election Day (October 24, 2022).
Carried Unanimously
8.19 F-2022-40
Capital Project Closing and Adjustments Report as at June 30, 2022
Moved by Councillor Vince Kerrio
Seconded by Councillor Wayne Campbell
Page 19 of 29
Page 24 of 112
Recommendations:
1. That Council receive the report for information and approve the
recommended transfers to/from reserves/reserve funds per Attachment
1;
2. That Council approve the closure of the projects listed in Attachment 1
and release any associated funding commitments;
3. That Council approve the recommendations outlined in Attachment 2 to
facilitate funding swaps, capital budget amendments and the
renaming/splitting of projects, including the hiring of a temporary Project
Manager on an 18 month contract, funded by capital, to manage and
facilitate the Wet Weather Management Study and Master Servicing
Plans;
4. That Council receive and file Attachment 3 for information, containing an
updated Annual Repayment Limit in support of debt funding approvals
outlined in Attachment 2.
Carried Unanimously
8.20. F-2022-45
City of Niagara Falls Community Benefit Charge Strategy (follow-up from
Public Meeting)
Moved by Councillor Vince Kerrio
Seconded by Councillor Wayne Campbell
Recommendations:
1. That the 2022 City of Niagara Falls Community Benefit Charge (CBC)
Strategy, included as Attachment 1, be approved;
2. That a dedicated obligatory Reserve Fund be established specifically for
all collections of Community Benefit Charges;
3. That Council approve Staff's recommendation of Option 2 which
provides discretionary exemptions for attainable housing;
4. That Council approve Staff's recommendation to fund all discretionary
CBC exemptions (if applicable) from the City's operating budget to the
dedicated CBC Reserve Fund;
5. That Council direct Staff to prepare the necessary CBC By-Law,
inclusive of a CBC charge of 4% of land value for eligible developments
in compliance with the Planning Act, R.S.O. 1990, and discretionary
CBC exemptions as directed, to be referred to a special Council
Meeting for approval.
Carried Unanimously
Moved by Councillor Wayne Thomson
Seconded by Councillor Chris Dabrowski
That Council waive the procedure by-law and reconsider report MW-2022-21
Carried Unanimously
Page 20 of 29
Page 25 of 112
8.21. MW-2022-21
Hendershot Boulevard – Parking Control Review
Moved by Councillor Chris Dabrowski
Seconded by Councillor Mike Strange
Recommendations:
That the existing on-street parking on Hendershot Boulevard between Garner
Road and Tapestry Court be maintained, except that 'No Parking' corner
restrictions be established on:
1. Both sides of Hendershot Boulevard between Garner Road and a point
22 metres west of Garner Road;
2. Both sides of Ironwood Street between Hendershot Boulevard and a
point 22 metres north of Hendershot Boulevard; and
3. Restrict on street parking on north side of Hendershot between Garner
Road and Tapestry Court.
Carried Unanimously
10. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
.
All items in Communications and comments of the City Clerk be passed in one
motion of Council.
Moved by Councillor Wayne Thomson
Seconded by Councillor Vince Kerrio
That Council approve/support items #10.1 to and including item #10.12.
Carried Unanimously
Councillor Pietrangelo was not present for the vote
10.1. Flag-Raising Request - Ukrainian Flag
The Ukrainian Canadian Congress is requesting the City of Niagara Falls to
raise the Ukrainian Flag on Wednesday, August 24, 2022 to show solidarity
and to keep it raised until Monday, August 29, 2022.
10.2. Flag-Raising Request - United Way Niagara
United Way Niagara is requesting a flag-raising ceremony on Tuesday,
September 20, 2022 for a period of 2 weeks to kick-off their annual fundraising
campaign. Each year, they strive to raise millions of dollars to help local
people out of poverty.
10.3. Proclamation Request - Lung Cancer Awareness Month
The Canadian Lung Cancer Screening Initiative is requesting the City of
Niagara Falls to proclaim to declare November 2022 as Lung Cancer
Awareness Month to raise awareness for lung cancer and lung cancer
screening.
Page 21 of 29
Page 26 of 112
10.4. Proclamation Request - Child Care Worker & Early Childhood Educator
Appreciation Day 2022
Attached is a request for the Council of City of Niagara Falls to proclaim and
participate in Child Care Worker & Early Childhood Educator Appreciation Day
on Tuesday, October 18, 2022.
This day recognizes the commitment, hard work and dedication of Registered
Early Childhood Educators (RECEs) and staff who work with children.
10.5. Proclamation and Flag-Raising Request - National Polycystic Kidney
Disease (PKD) Awareness Day
The Polycystic Kidney Disease (PKD) Foundation is requesting the City of
Niagara Falls proclaim Sunday, September 4, 2022 as National Polycystic
Kidney Disease (PKD) Awareness Day and raise the "End PKD" flag in
support.
10.6. Proclamation Request - Fire Prevention Week 2022
Fire Chief Jo Zambito is asking Council to approve the request to proclaim the
week of October 9, 2022 to October 15, 2022 as "Fire Prevention Week."
10.7. Noise By-law Exemption and Special Occasion Permit Request - Night of
Art
Niagara Falls Night of Art is an annual event where various art forms come
together on one night to showcase the best of Niagara artistic talent on
September 22nd, 2022.
This is the 11th year that the Niagara Falls Museums has hosted this event.
The event is expected to attract 600-1000 audience members from across
Southern Ontario and Western New York and will support and promote the
artistic talents of residents of Niagara Falls and the Niagara Region.
The request is to have Council recognize this event as one of municipal
significance in order to facilitate obtaining a Special Occasion Liquor License
form AGCO.
The Niagara Falls History Museum is also requesting Council to approve a
noise by-law exemption to allow entertainment until 11:00 PM.
10.8. Memo from Planning
Regarding:
PLC-2022-013, Request for Removal of Part Lot Control
Lot 15, Registered Plan No.82, Mulhern Subdivision
4608-4612 Lee Avenue Niagara Falls
10.9. Memo from Planning
Regarding:
PLC-2022-014, Request for Removal of Part Lot Control
Lot 16, Registered Plan No. 82, Mulhern Subdivision
4590-4598 Lee Avenue, Niagara Falls
Page 22 of 29
Page 27 of 112
10.10 Memo from Planning
Regarding:
PLC-2022-015, Request for Removal of Part Lot Control
Blocks 107 & 108, Registered Plan 59M-484, Forestview Estates
7101-7129 & 7133-7149 Parsa Street
10.11. Flag-Raising Request - India's Independence Day - August 15
Raul Dudnic, resident, is requesting the City of Niagara Falls to raise the
India's flag on Monday, August 15th, 2022 to celebrate India's Independence
Day.
10.12. Proclamation and flag-Raising Request - Childhood Cancer Awareness
2022
Patti Bauer, is requesting the City of Niagara Falls proclaim September as
Childhood Cancer Awareness month and raise a flag in support on
September 2, 2022.
11. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
. All items in Communications and comments of the City Clerk be passed in one
motion of Council.
Moved by Councillor Wayne Thomson
Seconded by Councillor Chris Dabrowski
That Council receive and file for information items #11.1 to and including items
#11.8.
Carried Unanimously
Councillor Pietrangelo was not present for the vote
11.1. Resolution - Township of Mulmur - Climate Emergency
Attached is a resolution passed by the Council of the Township of Mulmur on
July 6, 2022 regarding Climate Emergency.
11.2. Letter of Congratulations - from Greater Niagara Chamber of Commerce
Attached is a letter from the Greater Niagara Chamber of Commerce
congratulating the City of Niagara Falls being recognized in the Bestcities.org
ranking as the fourth best small city in Canada to live, work and invest in.
11.3. ArriveCan at the Land Border - Letter from the Peace Bridge Authority
Attached is a letter from the Peace Bridge Authority outlining comments and
concerns pertaining to ArriveCan at the land borders.
11.4. Resolution - Town of Fort Erie - Ontario Building Code to Provide
Municipalities with Greater Flexibility
Attached is a resolution passed at the Municipal Council of the Town of Fort
Erie at its meeting of June 27, 2022 regarding the Ontario Building Code.
11.5. Resolution - City of Brantford - Potential Threat to Residential Home
Ownership - AMO Letter
Page 23 of 29
Page 28 of 112
Please see the attached decision of Brantford City Council from the meeting
held July 26, 2022.
11.6. Resolution - Town of Pelham - Cross Border Travel and ArriveCAN
Please find attached the resolution endorsed by the Council of the Town of
Pelham at their July 25, 2022 meeting.
11.7. Thank you letter from Premier of Ontario - South Niagara Hospital
Premier Ford acknowledged letter sent from the City of Niagara Falls regarding
the building of the new South Niagara Hospital.
11.8. 2019-2022 Strategic Priorities - Update
Attached is a document entitled "2019-2022 Strategic Priorities Update", which
outlines the accomplishments during this term of Council.
12. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
. All items in Communications and comments of the City Clerk be passed in one
motion of Council.
Moved by Councillor Vince Kerrio
Seconded by Councillor Mike Strange
That Council refer to staff items #12.1 to and including item #12.5
Carried Unanimously
12.1. Request for Billboard - Victoria Avenue
Domenic and Sara Sinicropi, own a number of properties on Victoria Avenue
and is requesting permission to place a billboard at 5034 Victoria (corner of
Armoury Street and Victoria Avenue).
RECOMMENDATION: Refer to Staff.
12.2. Proposed Community Benefits Charge (CBC) By-law - Comments from
Canadian Niagara Hotels
Attached is a letter, dated August 3, 2022, regarding the City’s proposed
Community Benefits Charge By-law.
RECOMMENDATION: Refer to Staff.
12.3. Proposed Community Benefits Charge (CBC) By-law - Comments from
Bayfield Realty Advisors
Attached is a letter to the Mayor and Council pertaining to the proposed
Community Benefits Charge By-law.
12.4. Request for Dedicated Pickleball Courts
Attached is a letter requesting pickleball courts in the City of Niagara Falls.
RECOMMENDATION: Refer to Staff.
12.5. Correspondence from resident - State of Emergency on Mental Health,
Homelessness and Addiction
Page 24 of 29
Page 29 of 112
Steven Soos has attached an email relating to Council's recent motion to
declare a state of emergency on mental health, homelessness and addiction.
RECOMMENDATION: Refer to Staff
13. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
13.1. Memo - CAO By-law Amendment
An amendment to the CAO By-law 2007-210 appears on the agenda for
Council's consideration. This amendment is a house-keeping item that will
prepare Council and staff to better deal with any potential temporary vacancy
issues, should they arise from time to time.
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Vince Kerrio
RECOMMENDATION - That Council receive this memo for information and
pass the corresponding by-law on today’s agenda.
Carried Unanimously
14. RESOLUTIONS
14.1. Resolution to Council
AM-2021-019
To deem changes minor
Moved by Councillor Lori Lococo
Seconded by Councillor Mike Strange
That subject to subsection 34(17) of the Planning Act, 1990 R.S.O Council
deems the change in the zoning by-law amendment application minor and
exempts the requirement for further written notice.
Carried Unanimously
14.2. Resolution to Council
AM-2022-002
Official Plan and Zoning By-law Amendment
Minor Change to Zoning Regulation
Applicant: Cassone Dwellings (BT) Inc. (Daniel Marinovic)
Agent: Bousfields Inc. (Evan Sugden)
Moved by Councillor Lori Lococo
Seconded by Councillor Mike Strange
That subject to subsection 34(17) of the Planning Act, 1990 R.S.O Council
deems the change in the zoning by-law amendment application minor and
exempts the requirement for further written notice.
Carried Unanimously
Councillor Pietrangelo declared a conflict of interest
Page 25 of 29
Page 30 of 112
14.3. Resolution to Council
AM-2019-005
Moved by Councillor Lori Lococo
Seconded by Councillor Mike Strange
That subject to subsection 34(17) of the Planning Act, 1990 R.S.O Council
deems the changes to the zoning by-law minor and exempts the requirement
for further written notice.
Carried Unanimously
14.4. Resolution to Council
Request for Council Resolution for A Minister's Zoning Order - 8656
Mountain Road and Lands on the South-West Corner of Mountain Road
and Kalar Road
That the Council of the City of Niagara Falls supports the requested Ministry’s
Zoning Order.
Moved by Councillor Lori Lococo
Seconded by Councillor Mike Strange
That the Council of the City of Niagara Falls supports the requested Ministry’s
Zoning Order.
Carried
Councillors Ioannoni and Lococo opposed
15. RATIFICATION OF IN-CAMERA
.
That Council approve the retention of Paul DeMelo and Kagan Shastri LLP to
represent the interest of the Corporation with respect to AM-2020-018 Official
Plan and Zoning By-law Amendment Application at 5500 Marineland Parkway
and Lands to the north and Adjacent to 5500 Marineland Parkway; and
That Staff are directed to facilitate in the matter.
16. NOTICE OF MOTION/NEW BUSINESS
17. BY-LAWS
2018-
88.
A By-law to provide for drainage works in the City of Niagara Falls, in
the Regional Municipality of Niagara, known as the Boyer’s Creek
Municipal Drain.
18. BY-LAWS
2022-
082.
A by-law to amend By-law No. 2007-210, being a by-law to define, limit and
determine the duties and responsibilities of the Chief Administrative Officer.
Page 26 of 29
Page 31 of 112
2022-
083.
A by-law to enter into an agreement with the Ministry of Infrastructure related
to the provincial Transfer Payment Agreement for Investing in Canada
Infrastructure Program (ICIP) Green Stream.
2022-
084.
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads. (Parking Prohibited)
2022-
085.
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads. (Parking Prohibited)
2022-
086.
A by-law to authorize the execution of a Section 37 Agreement with 6609
Stanley Nominee Inc. pursuant to Section 37 of the Planning Act respecting
the provision of certain facilities, services and matters by 6609 Stanley
Nominee Inc. in return for an amendment to By-law No. 79-200 for an
increase in height to allow the development of a mixed use residential/hotel
building with a maximum building height of 255 metres and 72 storeys, on
lands owned by 6609 Stanley Nominee Inc. and located on Sta nley Avenue,
in the City of Niagara Falls.
2022-
087.
A by-law to provide for the adoption of Amendment No. 148 to the City of
Niagara Falls Official Plan (AM-2022-002).
2022-
089.
A by-law to designate Lot 15, Registered Plan No. 82, not to be subje ct to
part-lot control (PLC-2022-013).
2022-
096.
A by-law to adopt, ratify and confirm the actions of City Council at its meeting
held on the 9th day of August, 2022.
2022-
090.
A by-law to designate Lot 16, Registered Plan No. 82, not to be subject to
part-lot control (PLC-2022-014).
2022-
091.
A by-law to designate Blocks 107 & 108, Registered Plan 59M-484, not to be
subject to part-lot control (PLC-2022-015).
2022-
092.
A by-law to provide for the adoption of Amendment No. 135 to the City of
Niagara Falls Official Plan (AM-2019-015).
2022-
088.
A by-law to amend By-law No. 79-200, to permit the use of the lands for 26
semi-detached dwelling units, 109 townhouse dwelling units, and 140
apartment (stacked townhouse) dwelling units subject to the removal of a
holding (H) symbol (AM-2022-002).
2022-
093.
A by-law to amend By-law No. 79-200 to permit the construction of a mixed
use building of up to 72 storeys subject to the removal of a holding (H)
provision, to permit a portion of the required parking to be provided off-site,
and to repeal By-law No. 2000-153 (AM-2019-015).
2022-
093.
A by-law to amend By-law No. 79-200, to introduce new definitions and
regulatory provisions for a community garden (AM-2022-003).
2022-
095.
A by-law to amend By-law No. 79-200, to introduce new definitions and
regulatory provisions (AM-2022-003).
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Wayne Thomson
That the by-laws be read a first, second and third time and passed this 9th
day of August, 2022.
Page 27 of 29
Page 32 of 112
Carried Unanimously
Councillor Kerrio not present for vote
.
.
19. NEW BUSINESS
19.1
Councillor Lococo expressed concern regarding the increase in Vacation
Rental Units and their impact on housing and housing stock within the
municipality.
Moved by Councillor Lori Lococo
Seconded by Councillor Wayne Campbell
That Council waive the procedure by-law to bypass the wait time of a notice of
motion from a member of Council, and
That Staff prepare a report regarding Vacation Rental Units and how they
affect housing stock.
Carried
Councillor Dabrowski and Thompson were opposed
19.2.
Councillor Thompson expressed the concerns on behalf of the Knights of
Columbus and their property taxes.
Moved by Councillor Wayne Thomson
Seconded by Councillor Chris Dabrowski
That Council waive the procedure by-law to by-pass the wait time of a notice of
motion, and
That Staff look into Knights of Columbus receive a Not For Profit designation to
abstain from property tax obligations.
Carried Unanimously
20. ADJOURNMENT
20.1
Adjournment
Moved by Councillor Chris Dabrowski
Seconded by Councillor Victor Pietrangelo
That Council adjourn this regular meeting of Council of August 9, 2022 at
8:16PM
Carried Unanimously
Councillor Kerrio was not present for the vote
Page 28 of 29
Page 33 of 112
Mayor
City Clerk
Page 29 of 29
Page 34 of 112
CITY OF NIAGARA FALLS
By-law No. 2022 -
A by-law to authorize the execution of three Amendment of Section 37 Agreements with
2676555 Ontario Limited, 2676557 Ontario Limited and 2676562 Ontario Limited,
respectively, pursuant to Section 37 of the Planning Act respecting the provision of certain
facilities, services and matters by 2676555 Ontario Limited, 2676557 Ontario Limited and
2676562 Ontario Limited in return for amendments to By-law No. 79-200 for increase in
height and/or density.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
1. An Amendment of Section 37 Agreement dated the 18th day of August, 2022, and
made between 2676555 Ontario Limited as Owner and The Corporation of the City
of Niagara Falls as Municipality, respecting the provision of certain facilities,
services, and matters by 2676555 Ontario Limited in return for an amendment to
By-law No. 79-200 for an increase in height to allow the development of a mixed
use building with a maximum building height of 190 metres and 45 storeys, on
lands owned by 2676555 Ontario Limited and located on Stanley Avenue, in the
City of Niagara Falls, in a form satisfactory to the City Solicitor, is hereby approved
and authorized.
2. An Amendment of Section 37 Agreement dated the 18th day of August, 2022, and
made between 2676557 Ontario Limited as Owner and The Corporation of the City
of Niagara Falls as Municipality, respecting the provision of certain facilities,
services, and matters by 2676557 Ontario Limited in return for an amen dment to
By-law No. 79-200 for an increase in height to allow the development of a mixed
use building with a maximum building height of 225 metres and 60 storeys, on
lands owned by 2676557 Ontario Limited and located on Stanley Avenue, in the
City of Niagara Falls, in a form satisfactory to the City Solicitor, is hereby approved
and authorized.
3. An Amendment of Section 37 Agreement dated the 18th day of August, 2022, and
made between 2676562 Ontario Limited as Owner and The Corporation of the City
of Niagara Falls as Municipality, respecting the provision of certain facilities,
services, and matters by 2676562 Ontario Limited in return for an amendment to
By-law No. 79-200 for an increase in height to allow the development of a mixed
use building with a maximum building height of 145 metres and 39 storeys, on
lands owned by 2676562 Ontario Limited and located on Stanley Avenue, in the
City of Niagara Falls, in a form satisfactory to the City Solicitor, is hereby approved
and authorized.
4. The Mayor and City Clerk are hereby authorized to execute the said Amendment
to Section 37 Agreements.
Page 35 of 112
2
5. The City Clerk is hereby authorized to affix the corporate seal thereto and to deliver
the said Amendment to Section 37 Agreements.
6. The City Clerk is hereby authorized to effect any minor modifications, corrections
or omissions solely of an administrative, numerical, grammatical, semantical or
descriptive nature to this by-law or its schedules after the passage of this by-law.
Read a first, second and third time; passed, signed and sealed in open Council
this 30th day of August, 2022.
........................................................... .....................................................................
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
Page 36 of 112
CITY OF NIAGARA FALLS
By-law No. 2022-___
A by-law to amend By-law Nos. 395, 1966 and 79-200 to regulate the plan of subdivision
located on Part of Lot 19, Concession 2 Willoughby on the lands (AM-2019-007).
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
1. The Lands that are the subject of and affected by the provisions of this by-law are
described in Schedule 1 of this by-law and shall be referred to in this by-law as the
“Lands”. Schedule 1 is a part of this by-law.
2. None of the provisions of By-law No. 395, 1966 shall apply to prevent the Lands
from being added to and placed under the control of By-law No. 79-200.
3. The Lands shall be identified as five parcels, known as Parcels R1F, R3-1181, R4-
1182, R4-1183, and DH.
4. The purpose of this by-law is to amend the provisions of By-law Nos. 79-200, to
permit the use of the Lands in a manner that would otherwise be prohibited by this
by-law. In the case of any conflict between a specific provision of this by -law and
any existing provision of By-law No. 79-200, the provisions of this by-law are to
prevail.
5. Notwithstanding any provision of By-law Nos. 79-200 to the contrary, the following
uses and regulations shall be the permitted uses and regulations governing the
permitted uses on and of the Lands.
6. The permitted uses shall be:
(a) For Parcel R1F, the uses permitted in the R1F zone.
(b) For Parcel R3-1181, the uses permitted in the R3 zone.
(c) For Parcel R4-1182, the uses permitted in the R4 zone, and on-street
townhouse dwellings and back-to-back townhouse dwellings in
accordance with the regulations contained in Section 7.9.2 for a
townhouse dwelling;
(d) For Parcel R4-1183, the uses permitted in the R4 zone; and,
(e) For Parcel DH, the uses permitted in the DH zone.
Page 37 of 112
2
7. The regulations governing the permitted uses on Parcel R3-1181:
(a) Minimum lot area for an on-
street townhouse dwelling
195 square metres for each dwelling
unit
(b) Minimum lot frontage for an on-
street townhouse dwelling
6.1 metres for each dwelling unit
(c) Minimum interior side yard
width for an on-street
townhouse dwelling
1.5 metres
(d) Maximum height of a building
or structure
12 metres, subject to Section 4.7 of
By-law No. 79-200
(e) The balance of regulations specified for a R3 use.
8. The regulations governing the permitted uses on Parcel R4-1182:
(a) Minimum lot area for a
townhouse dwelling
230 square metres for each dwelling
unit
(b) Minimum rear yard depth for a
townhouse dwelling
3 metres
(c) Maximum height of a building
or structure
12 metres, subject to Section 4.7 of
By-law No. 79-200
(d) Location of parking for an on-
street townhouse dwelling unit
May locate in a front or exterior side
yard, subject to the requirements of
clause (a) of Section 4.19.3 of By-
law No. 79-200
(e) Minimum privacy yard for each
back-to-back townhouse
dwelling
0 metres
(f) The balance of regulations specified for a R4 use.
9. The regulations governing the permitted uses on Parcel R4-1183:
(a) Minimum lot area for an
apartment dwelling
160 square metres for each dwelling
unit
(b) Minimum rear yard depth for an
apartment dwelling
6 metres
(c) Maximum height of a building
or structure
12 metres, subject to Section 4.7 of
By-law No. 79-200
Page 38 of 112
3
(d) For the purposes of Parcel
R4-1183
Street “A” shall be deemed to be the
front lot line
(e) The balance of regulations specified for a R4 use.
10. The regulations governing the permitted uses on Parcel R1F shall be the
regulations specified for a R1F use.
11. The regulations governing the permitted uses on Parcel DH shall be the
regulations specified for a DH use.
12. For the purposes of this by-law:
“Back-to-back townhouse dwelling” means a building containing four or more
dwelling units divided by vertical common walls above grade, including a common
rear wall.
13. All other applicable regulations set out in By-law No. 79-200 shall continue to apply
to govern the permitted uses on the Lands, with all necessary changes in detail.
14. No person shall use the Lands for a use that is not a permitted use.
15. No person shall use the Lands in a manner that is contrary to the regulations.
16. The provisions of this by-law shall be shown on Sheets D7 and E7 of Schedule “A”
of By-law No. 79-200 by designating the Lands RIF, in part, R3 and numbered
1181, in part, R4 and numbered 1182, in part, R4 and numbered 1183, in part, and
DH, in part.
17. Section 19 of By-law No. 79-200 is amended by adding thereto:
19.1.1181 Refer to By-law No. 2022-___.
19.1.1182 Refer to By-law No. 2022-___.
19.1.1183 Refer to By-law No. 2022-___.
Read a First, Second and Third time; passed, signed and sealed in open Council
this 30th day of August, 2022.
....................................................................... .....................................................................
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
S:\ZONING\AMS\2019\AM-2019-007 Sodom Road, 9234\2022 material\By-law\Bylaw - AM-2019-007.docx
Page 39 of 112
1181
11811183
1182
R1F
R1FR3
R3
R4
R4
DHSodom RdSCHEDULE 1 TO BY-LAW NO. 2022-
Subject Lands:
Amending Zoning By-law No. 79-200
Applicant:
Assessment #:
K:\GIS_Requests\2019\Schedule\Zoning\07\am-2019-007.aprx
POLOCORP INC.
272513000214804 AM-2019-007
¹
8/18/2022
Description:PT LT 19 CON 2 WILLOUGHBY PT 2 & 3, 59R-2740; NIAGARA FALLS
PIN: 64254-0013 (LT)
PT LT 19 CON 2 WILLOUGHBY PT 1 59R-16074; NIAGARA FALLS
PIN: 64254-0314 (LT)
NTS
STREET A STREET BPage 40 of 112
CITY OF NIAGARA FALLS
By-law No. 2022-
A by-law to amend By-law No. 79-200 to permit the use of the lands for 60 storey tower
and to repeal By-law Nos. 2012-80 and 2013-108. (AM-2021-014).
WHEREAS the City’s Official Plan contains policies to ensure the creation of a high -
quality built form and urban environment in the City’s tourist districts and to provide the
opportunity to approve zoning by-law amendments which permit increases in building
heights in return for improvements to the public realm as authorized by Section 37 of the
Planning Act;
AND WHEREAS pursuant to Section 37 of the Planning Act, the Council of a local
municipality may, in a by-law passed under Section 34 of the Planning Act, authorize
increases in the height or density of development otherwise not permitted by the existing
by-law that will be permitted in return for the provision of such facilities, services or matters
as are set out in the amending by-law;
AND WHEREAS Subsection 37(3) of the Planning Act provides that, where an owner of
land elects to provide facilities, services or matters in return for an increase in the height
or density of development, the municipality may require the owner to enter into one or
more agreements with the municipality dealing with the facilities, services or matters;
AND WHEREAS the owner of the lands hereinafter referred to has elected to provide the
facilities, services and matters as are hereinafter set forth;
AND WHEREAS the increase in the height of development permitted hereunder, beyond
that otherwise permitted on the aforesaid lands by By-law No. 79-200, is to be permitted
in return for the provision of facilities, services and matters set out in this by-law and to
be secured by one or more agreements between the owner of such lands and the City;
AND WHEREAS the City has required the owner of the aforesaid lands to enter into one
or more agreements dealing with certain facilities, services and matters in return for the
increase in height in connection with the aforesaid lands as permitted;
AND WHEREAS Subsection 34(5) of the Planning Act provides that the Council of a local
municipality may prohibit the use of land or the erection of buildings or structures until
such municipal services as maybe set out in a by-law passed under Section 34 of the
Planning Act are available to service the land, building and structures;
AND WHEREAS City Council has held a Public Meeting to consider these matters,
including an increase in height;
AND WHEREAS City Council has adopted Official Plan Amendment No. 153, which
permits the development of a 60 storey tower with a 3-5 storey podium. The total height
of the development is 60 storeys at a maximum 225 metres, subject to a satisfactory
architectural design and the provision of facilities, services or matters under an agreement
executed pursuant to Subsection 37(3) of the Planning Act.
Page 41 of 112
2
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
1. The Lands that are the subject of and affected by the provisions of this by-law are
described in Schedule 1 of this by-law and shall be referred to in this by-law as the
“Lands”. Schedules 1, 2 and 3 are a part of this by-law.
2. The purpose of this by-law is to amend the provisions of By-law No. 79-200, to
permit the use of the Lands in a manner that would otherwise be prohibited by that
by-law. In the case of any conflict between a specific provision of this by -law and
any existing provision of By-law No. 79-200, the provisions of this by-law are to
prevail.
3. Notwithstanding any provision of By-law No. 79-200 to the contrary, the following
uses and regulations shall be the permitted uses and regulations governing the
permitted uses on and of the Lands.
4. The permitted uses shall be:
(a) The uses permitted in a TC zone.
(b) Apartment dwelling.
(c) Vacation rental unit in an apartment dwelling.
(d) Satellite parking lot.
5. The regulations governing the permitted uses shall be:
(a) Minimum lot area The whole of the Lands
(b) Location of the various components of
the building or structure on the Lands,
their maximum height and maximum
number of storeys and minimum yards
Refer to the plan on Schedule 2 of
this by-law and clause (c) of this
section
(c) Maximum height of buildings or
structures
225 metres as measured from
Geodetic Elevation 190.65 metres
and a maximum of 60 storeys,
which shall include a roof feature
as required by clause (d) of this
section and is subject to sections 6
and 7 of this by-law
(d) Roof feature A building having a height greater
than 24 metres shall have a roof
feature which has a height of not
less than 9 metres above the top
storey. The roof feature shall be a
Page 42 of 112
3
distinct architectural element of the
building and may contain a place
of occupancy.
(e) Minimum landscaped open space Refer to the plan on Schedule 2 of
this by-law
(f) Minimum number of parking spaces:
(i) For an apartment dwelling 1.2 parking spaces per dwelling
unit
(i) For a day nursery 1 parking space for each 40
square metres of floor area
(ii) For a vacation rental unit 2 parking spaces, which may be in
tandem
(iii) For all other uses In accordance with Table 1 or
Table 1.1 of section 4.19.1 of By-
law No. 79-200
(g) Minimum parking space width 2.6 metres
(h) Minimum parking space length 5.6 metres
(i) Minimum width of manoeuvring aisle 6 metres
(j) Maximum permitted encroachments of
balconies into all required yards
2 metres
(k) Maximum permitted encroachments of
canopies into the front yard
12 metres
(l) Maximum permitted projection of an
observation deck
An observation deck, with a
maximum vertical dimension of 3
metres, may project from the 59th
floor of the building no more than
11.5 metres eastward, 6 metres
southward and 4 metres northward
A second observation deck, with a
maximum vertical dimension of 3
metres, may project from the 20th
floor of the building no more than
11.5 metres eastward, 6 metres
southward and 4 metres northward
(m)Maximum floor area for each retail
store
Not applicable
Page 43 of 112
4
(n) Maximum floor area for all retail stores Not applicable
(o) Maximum number of bedrooms in a
vacation rental unit
4
(p) Minimum number of loading spaces 3
(q) Satellite parking lot Those required parking spaces
which cannot be provided on
Parcel TC-1193 may be provided
and maintained on Parcel TC-1192
and/or Parcel TC-1194. Refer to
the plan on Schedule 3 of this by-
law.
(r) The balance of regulations specified for a TC use.
6. The owner of the Lands is required pursuant to subsection 37(3) of the Planning
Act, to enter into one or more agreements with the City in order to secure the
facilities, services and matters referred to in section 7 of this by -law and such
agreements are to be registered on title.
7. The height of the buildings or structures permitted by section 5 of this by-law shall
only be permitted subject to compliance with the conditions set out therein and in
return for the owner of the Lands providing the following facilities, services and
matters to the City, namely:
(a) streetscape improvements to the street frontage along Stanley Avenue
adjoining the lands, inclusive, but not necessarily limited to sidewalks, street
trees, street furniture, street lighting and landscaping, not covered by
development charges or the parkland dedication fee, as detailed in the City’s
Tourist Area Streetscape Master Plan;
(b) the contribution of facilities and/or cash to the City, in the amount based on the
cost of construction per square metre multiplied by the area of each floor
capable of being occupied above 30 storeys multiplied by 5%, to be used for
the capital facilities of one or more of the following projects as determined by
Council that are beyond those that would otherwise be provide d under the
provisions of the Planning Act or the Development Charges Act:
• The development of Portage Prospect (proposed plaza at the top of the
incline railway)
• Development or provision of affordable housing initiatives
• Provision of public art, heritage, and culture
• Provision for active transportation
Page 44 of 112
5
• Provision of public parking in the Central Tourist District
• Provision of urban amenities
In accordance with an agreement entered into pursuant to section 6 of this by-
law;
(c) the provision of an architectural design for the buildings including, but not
limited to, surface articulation, exterior materials, roof structure, pedestrian-
scale uses, and design of the public realm satisfactory to the Director of
Planning, Building & Development.
8. No building or structure greater than 12 metres shall be erected until such time as
the facilities, services and matters required by an agreement entered into pursuant
to section 6 of this by-law are provided.
9. For the purpose of this by-law:
“Commercial parking lot” means an area used for the temporary parking or storing
of vehicles for profit or gain.
“Roof feature” means a distinct architectural element erected above the top storey
of the tower component and shall be provided for the purposes of enhancing the
design of the hotel and may enclose any roof mounted mechanical equipment,
mechanical penthouses, or other similar elements. Notwithstanding Section 4.7 of
By-law No. 79-200, and except for any flagpoles, or other similar decorative roof
features, and radio, telephone, television or telecommunication towers or
antennae, no water tank, elevator or oth er mechanical penthouse shall have a
height greater than the roof feature unless clad to be aesthetically consistent with
the roof feature.
“Satellite parking lot” means an area of land or part thereof which is provided and
maintained for the purpose of temporary parking of or storage of automobiles that
are accessory to the uses permitted on Parcels TC-1192, TC-1193, and TC-1194
of this by-law but does not include a commercial parking lot.
10. All other applicable regulations set out in By-law No. 79-200, as amended, shall
continue to apply to govern the permitted uses on the Lands, with all necessary
changes in detail.
11. No person shall use the Lands for a use that is not a permitted use.
12. No person shall use the Lands in a manner that is contrary to the regulations.
13. The provisions of this by-law shall be shown on Sheet D5 of Schedule “A” of By-
law No. 79-200 by designating a portion of the Lands from TC and numbered 953
Page 45 of 112
6
to TC and numbered 1193. Section 19 of By-law No. 79-200 is amended by adding
thereto:
19.1.1193 Refer to By-law No. 2022-___.
14. By-law Nos. 2012-80 and 2013-108 are repealed.
Read a First, Second and Third time; passed, signed and sealed in open Council
this 30th day of August, 2022.
....................................................................... .....................................................................
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
S:\ZONING\AMS\2021\AM-2021-014 Stanley Avenue, 6880\By-law\Bylaw - AM-2021-014- north parcel.docx
Page 46 of 112
TC
1193
7.6m53.3m
95.4m 100.4m108.3m139.3m FALLSVIEWBVL I V I N G S T O N S T
PORTAGERDSTANLEY AVSCHEDULE 1 TO BY-LAW NO. 2022-
Subject Lands:
Amending Zoning By-law No. 79-200
Applicant:
Assessment #:
K:\GIS_Requests\2021\Schedule\Zoning\14\ZoningSchedules_AM_2021_014\ZoningSchedules_AM_2021_014.aprx
2676557 ONTARIO LTD
272508000110208 AM-2021-014c
¹
8/25/2022
Description:PT ONTARIO HOUSE LT, PL 1 & PT TWP LT 160 BF STAMFORD, PARTS 5, 6, 7, 8, 9, 10 & 11; S/T EASEMENT OVER
PTS 5 & 10, 59-14894 AS IN RO522432; SUBJECT TO AN EASEMENT OVER PT 8, 59R-14894 IN FAVOUR OF PT
RANGE 1 & PT ONTARIO HOUSE LT, PL 1 PTS 1-4, 59R-14894 AS IN SN377923; SUBJECT TO AN EASEMENT OVER
PT 8, 59R-14894 IN FAVOUR OF PT TWP LT 160 BF STAMFORD PTS 12-15, 59R-14894 AS IN SN377924; TOGETHER
WITH AN EASEMENT OVER PT RANGE 1 & PT ONTARIO HOUSE LT PL 1 PT 3, 59R-14894 AS IN SN377923;
TOGETHER WITH AN EASEMENT OVER PT TWP LT 160 BF STAMFORD PT 14, 59R-14894 AS IN SN377924; CITY OF
NIAGARA FALLS
PIN: 64377-0235 (LT)
NTS
Page 47 of 112
&&&&&&&&&&&&&&&&&&&&&&&&&&
2m
2m
2m
5m
5m
7.6m1
2
m
16
m 19m21m28m
28m27m 28m31.5m31.8m
38m
45m
50m53.5m53.3m
57.4m68m 70m
95.4m 100.4m108.3m139.3m
56m
13m13.5m1m
18.7m16m
17.4m12.8m
3.2m11m
17m PORTAGERDSTANLEY AVAmending Zoning By-law No. 79-200
K:\GIS_Requests\2021\Schedule\Zoning\14\ZoningSchedules_AM_2021_014\ZoningSchedules_AM_2021_014.aprx AM-2021-014 8/29/2022
Assessment #:272508000110208
Applicant:2676557 ONTARIO LTD Building Heights
Tower and Building Components Above Geodetic
Survey of Canada; Elevation 190.65m
¹NTS
SCHEDULE 2 TO BY-LAW NO. 2022-
Maximum No.of Storeys MaximumHeight
5 24m
5 29m
5 34m
20 78m
60 225m
12m
Landscaped
Open Space
MaximumHeightMaximum No.of Storeys
Page 48 of 112
TC
TC
TC
1193
1192
1194Fallsview BvLivingston St
Portage RdStanley AvSCHEDULE 3 TO BY-LAW NO. 2022-
Subject Lands:
Amending Zoning By-law No. 79-200
Assessment #:
K:\GIS_Requests\2021\Schedule\Zoning\14\ZoningSchedules_AM_2021_014\ZoningSchedules_AM_2021_014.aprx
272508000110210, 272508000110208,
272508000110212
AM-2021-014
¹
8/26/2022
NTS
Page 49 of 112
CITY OF NIAGARA FALLS
By-law No. 2022-
A by-law to amend By-law No. 79-200 to permit the use of the lands for 45 storey tower
and to repeal By-law Nos. 2012-81 and 2013-109 (AM-2021-014).
WHEREAS the City’s Official Plan contains policies to ensure the creation of a high -
quality built form and urban environment in the City’s tourist districts and to provide the
opportunity to approve zoning by-law amendments which permit increases in building
heights in return for improvements to the public realm as authorized by Section 37 of the
Planning Act;
AND WHEREAS pursuant to Section 37 of the Planning Act, the Council of a local
municipality may, in a by-law passed under Section 34 of the Planning Act, authorize
increases in the height or density of development otherwise not permitted by the existing
by-law that will be permitted in return for the provision of such facilities, services or matters
as are set out in the amending by-law;
AND WHEREAS Subsection 37(3) of the Planning Act provides that, where an owner of
land elects to provide facilities, services or matters in return for an increase in the height
or density of development, the municipality may require the owner to enter into one or
more agreements with the municipality dealing with the facilities, services or matters;
AND WHEREAS the owner of the lands hereinafter referred to has elected to provide the
facilities, services and matters as are hereinafter set forth;
AND WHEREAS the increase in the height of development permitted hereunder, beyond
that otherwise permitted on the aforesaid lands by By-law No. 79-200, is to be permitted
in return for the provision of facilities, services and matters set out in this by-law and to
be secured by one or more agreements between the owner of such lands and the City;
AND WHEREAS the City has required the owner of the aforesaid lands to enter into one
or more agreements dealing with certain facilities, services and matters in return for the
increase in height in connection with the aforesaid lands as permitted;
AND WHEREAS Subsection 34(5) of the Planning Act provides that the Council of a local
municipality may prohibit the use of land or the erection of buildings or structures until
such municipal services as maybe set out in a by-law passed under Section 34 of the
Planning Act are available to service the land, building and structures;
AND WHEREAS City Council has held a Public Meeting to consider these matters,
including an increase in height;
AND WHEREAS City Council has adopted Official Plan Amendment No. 153, which
permits the development of a 45 storey tower with a 3-5 storey podium. The total height
of the development is 45 storeys at a maximum 190 metres , subject to a satisfactory
architectural design and the provision of facilities, services or matters under an agreement
executed pursuant to Subsection 37(3) of the Planning Act.
Page 50 of 112
2
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
1. The Lands that are the subject of and affected by the provisions of this by-law are
described in Schedule 1 of this by-law and shall be referred to in this by-law as the
“Lands”. Schedules 1, 2 and 3 are a part of this by-law.
2. The purpose of this by-law is to amend the provisions of By-law No. 79-200, to
permit the use of the Lands in a manner that would otherwise be prohibited by that
by-law. In the case of any conflict between a specific provision of this by -law and
any existing provision of By-law No. 79-200, the provisions of this by-law are to
prevail.
3. Notwithstanding any provision of By-law No. 79-200 to the contrary, the following
uses and regulations shall be the permitted uses and regulations governing the
permitted uses on and of the Lands.
4. The permitted uses shall be:
(a) The uses permitted in a TC zone.
(b) Apartment dwelling.
(c) Vacation rental unit in an apartment dwelling.
(d) Satellite parking lot.
5. The regulations governing the permitted uses shall be:
(a) Minimum lot area The whole of the Lands, save and
except for any part required for
road widening
(b) Location of the various components of
the building or structure on the Lands,
their maximum height and maximum
number of storeys and minimum yards
Refer to the plan on Schedule 2 of
this by-law and clause (c) of this
section
(c) Maximum height of buildings or
structures
190 metres as measured from
Geodetic Elevation 190.65 metres
and a maximum of 45 storeys,
which shall include a roof feature
as required by clause (d) of this
section and is subject to sections 6
and 7 of this by-law
(d) Roof feature A building having a height greater
than 24 metres shall have a roof
feature which has a height of not
Page 51 of 112
3
less than 9 metres above the top
storey. The roof feature shall be a
distinct architectural element of the
building and may contain a place
of occupancy.
(e) Minimum landscaped open space Refer to the plan on Schedule 2 of
this by-law
(f) Minimum number of parking spaces:
(i) For an apartment dwelling 1.2 parking spaces per dwelling
unit
(ii) For a day nursery 1 parking space for each 40
square metres of floor area
(iii) For a vacation rental unit 2 parking spaces, which may be in
tandem
(iv) For all other uses In accordance with Table 1 or
Table 1.1 of section 4.19.1 of By-
law No. 79-200
(g) Minimum parking space width 2.6 metres
(h) Minimum parking space length 5.6 metres
(i) Minimum width of manoeuvring aisle 6 metres
(j) Road allowance requirements Not applicable
(k) Maximum permitted encroachments of
balconies into all required yards
2 metres
(l) Maximum permitted encroachments of
canopies into all required yards
5 metres
(m) Maximum permitted projections of an
observation deck
An observation deck, with a
maximum vertical dimension of 3
metres, may project from the 45th
floor of the building no more than
12.5 metres eastward and 4.5
metres southward, provided such
observation deck projects no more
than 4 metres over a required
landscaped area
A second observation deck, with a
maximum vertical dimension of 3
metres, may project from the 17th
Page 52 of 112
4
floor of the building no more than 8
metres eastward, and 6.5 metres
southward, provided such
observation deck projects no more
than 4 metres over a required
landscaped area and is located no
closer than 10 metres from the
southerly side lot line
(n) Maximum floor area for each retail
store
Not applicable
(o) Maximum floor area for all retail stores Not applicable
(p) Maximum number of bedrooms in a
vacation rental unit
4
(q) Minimum number of loading spaces 3
(r) Satellite parking lot Those required parking spaces
which cannot be provided on
Parcel TC-1192 may be provided
and maintained on Parcel TC-1193
and/or Parcel TC-1194. Refer to
the plan on Schedule 3 of this by-
law.
(s) The balance of regulations specified for a TC use.
6. The owner of the Lands is required pursuant to subsection 37(3) of the Planning
Act, to enter into one or more agreements with the City in order to secure the
facilities, services and matters referred to in section 7 of this by -law and such
agreements are to be registered on title.
7. The height of the buildings or structures permitted by section 5 of this by-law shall
only be permitted subject to compliance with the conditions set out therein and in
return for the owner of the Lands providing the following facilities, services and
matters to the City, namely:
(a) streetscape improvements to the street frontage along Stanley Avenue
adjoining the lands, inclusive, but not necessarily limited to sidewalks, street
trees, street furniture, street lighting and landscaping, not covered by
development charges or the parkland dedication fee, as detailed in the City’s
Tourist Area Streetscape Master Plan;
(b) the contribution of facilities and/or cash to the City, in the amount based on the
cost of construction per square metre multiplied by the area of each floor
capable of being occupied above 30 storeys multiplied by 5%, to be used for
the capital facilities of one or more of the following projects as determined by
Page 53 of 112
5
Council that are beyond those that would otherwise be provided under the
provisions of the Planning Act or the Development Charges Act:
• The development of Portage Prospect (proposed plaza at the top of the
incline railway)
• Development or provision of affordable housing initiatives
• Provision of public art, heritage, and culture
• Provision for active transportation
• Provision of public parking in the Central Tourist District
• Provision of urban amenities
In accordance with an agreement entered into pursuant to section 6 of this by-
law;
(c) the provision of an architectural design for the buildings including, but not
limited to, surface articulation, exterior materials, roof structure, pedestrian-
scale uses, and design of the public realm satisfactory to the Director of
Planning, Building & Development.
8. No building or structure greater than 12 metres shall be erected until such time as
the facilities, services and matters required by an agreement entered into pursuant
to section 6 of this by-law are provided.
9. For the purpose of this by-law:
“Commercial parking lot” means an area used for the temporary parking or storing
of vehicles for profit or gain.
“Roof feature” means a distinct architectural element erected above the top storey
of the tower component and shall be provided for the purposes of enhancing the
design of the hotel and may enclose any roof mounted mechanical equipment,
mechanical penthouses, or other similar elements. Notwithstanding Section 4.7 of
By-law No. 79-200, and except for any flagpoles, or other similar decorative roof
features, and radio, telephone, television or telecommunication towers or
antennae, no water tank, elevator or oth er mechanical penthouse shall have a
height greater than the roof feature.
“Satellite parking lot” means an area of land or part thereof which is provided and
maintained for the purpose of temporary parking of or storage of automobiles that
Page 54 of 112
6
are accessory to the uses permitted on Parcels TC-1192, TC-1193, and TC-1194
of this by-law but does not include a commercial parking lot.
10. All other applicable regulations set out in By-law No. 79-200, as amended, shall
continue to apply to govern the permitted uses on the Lands, with all necessary
changes in detail.
11. No person shall use the Lands for a use that is not a permitted use.
12. No person shall use the Lands in a manner that is contrary to the regulations.
13. The provisions of this by-law shall be shown on Sheet D5 of Schedule “A” of By-
law No. 79-200 by designating a portion of the Lands from TC and numbered 952
to TC and numbered 1192. Section 19 of By-law No. 79-200 is amended by adding
thereto:
19.1.1192 Refer to By-law No. 2022-___.
14. By-law Nos. 2012-81 and 2013-109 are repealed.
Read a First, Second and Third time; passed, signed and sealed in open Council
this 30th day of August, 2022.
....................................................................... .....................................................................
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
S:\ZONING\AMS\2021\AM-2021-014 Stanley Avenue, 6880\By-law\Bylaw - AM-2021-014- north parcel.docx
Page 55 of 112
SCHEDULE 1 TO BY-LAW NO.2022-
Subject Lands:2
\1\{
L|V|NGSTONST
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53¢m4>z..m<><
:\;II
Amending Zoning By-law No.79-200
Description;PT RANGE1 &PT ONTARIOHOUSELT,PL 1,PTS 1,2,3,&4,59R-14894;S/T EASEMENTOVER PT 3,59R-14894 IN
FAVOUROF PT ONTARIOHOUSELT 1,PL 1 &PT TWP LT 160 BF STAMFORDPTS 5-15,59R-14894 As IN
SN377923;TOGETHERWITH AN EASEMENTOVER PT ONTARIOHOUSELT,PL 1 &PT TWP LT 160 BF STAMFORDPT
8,59R-14894 AS IN SN377923;TOGETHERWITH AN EASEMENTOVER PT TWP LT 160 BF STAMFORD,PT 14,
59R-14894 AS IN SN377924;CITYOF NIAGARAFALLS
l')Y|\l-E./|’J'l'l_n’)')/I
Applicant:
ruv.U'TJI I_ULJ'I‘\LI /
2676555 ONTARIO LTD
Nlb
Assessment #2 272508000110210 AM—2021—014n
K:\GIS_Requests\2O21\SchedL1|e\Z0ning\14\Zoningschedu|es_AM_2O21_014\Z0ningSchedu|es_AM_2O21_014.aprx 8/26/2022
Page 56 of 112
SCHEDULE 2 TO BY-LAW NO.2022-
—r\
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5.8
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x5-;n 1
NTS
Amending Zoning By-law No.79-200
Applicant:2676555 ONTARIO LTD
77')
Bui ding Heights
Tower and Building Components Above Geodetic
Survey of Canada;Elevation 19D.65m
Maximum No.
of storeys
Maximum Maximum
Height Height
HDDCDJIIICIIL W.LILJUUUUULLULLU %5 24m um
I 17 mm Landscaped
m 45 190m Open Space
K'\GI5,Re?u5‘S\Z02I\5\‘1Vedu\e\ZDnm9\I4\Zr:mn§ScV1:du\esAAMAZ?2I_014\1umn9Schedules__AM_7.DZLDI4.-iprx AM-20 21-014 ms/zm
Page 57 of 112
TC
TC
TC
1193
1192
1194Fallsview BvLivingston St
Portage RdStanley AvSCHEDULE 3 TO BY-LAW NO. 2022-
Subject Lands:
Amending Zoning By-law No. 79-200
Assessment #:
K:\GIS_Requests\2021\Schedule\Zoning\14\ZoningSchedules_AM_2021_014\ZoningSchedules_AM_2021_014.aprx
272508000110210, 272508000110208,
272508000110212
AM-2021-014
¹
8/26/2022
NTS
Page 58 of 112
CITY OF NIAGARA FALLS
By-law No. 2022-
A by-law to amend By-law No. 79-200 to permit the use of the lands for 39 storey tower
and to repeal By-law Nos. 2012-82 and 2013-110. (AM-2021-014).
WHEREAS the City’s Official Plan contains policies to ensure the creation of a high -
quality built form and urban environment in the City’s tourist districts and to provide the
opportunity to approve zoning by-law amendments which permit increases in building
heights in return for improvements to the public realm as authorized by Section 37 of the
Planning Act;
AND WHEREAS pursuant to Section 37 of the Planning Act, the Council of a local
municipality may, in a by-law passed under Section 34 of the Planning Act, authorize
increases in the height or density of development otherwise not permitted by the existing
by-law that will be permitted in return for the provision of such facilities, services or matters
as are set out in the amending by-law;
AND WHEREAS Subsection 37(3) of the Planning Act provides that, where an owner of
land elects to provide facilities, services or matters in return for an increase in the height
or density of development, the municipality may require the owner to enter into one or
more agreements with the municipality dealing with the facilities, services or matters;
AND WHEREAS the owner of the lands hereinafter referred to has elected to provide the
facilities, services and matters as are hereinafter set forth;
AND WHEREAS the increase in the height of development permitted hereunder, beyond
that otherwise permitted on the aforesaid lands by By-law No. 79-200, is to be permitted
in return for the provision of facilities, services and matters set out in this by-law and to
be secured by one or more agreements between the owner of such lands and the City;
AND WHEREAS the City has required the owner of the aforesaid lands to enter into one
or more agreements dealing with certain facilities, services and matters in return for the
increase in height in connection with the aforesaid lands as permitted;
AND WHEREAS Subsection 34(5) of the Planning Act provides that the Council of a local
municipality may prohibit the use of land or the erection of buildings or structures until
such municipal services as maybe set out in a by-law passed under Section 34 of the
Planning Act are available to service the land, building and structures;
AND WHEREAS City Council has held a Public Meeting to consider these matters,
including an increase in height;
AND WHEREAS City Council has adopted Official Plan Amendment No. 153, which
permits the development of a 39 storey tower with a 3-5 storey podium. The total height
of the development is 39 storeys at a maximum 145 metres, subject to a satisfactory
architectural design and the provision of facilities, services or matters under an agreement
executed pursuant to Subsection 37(3) of the Planning Act.
Page 59 of 112
2
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
1. The Lands that are the subject of and affected by the provisions of this by-law are
described in Schedule 1 of this by-law and shall be referred to in this by-law as the
“Lands”. Schedules 1, 2, and 3 are a part of this by-law.
2. The purpose of this by-law is to amend the provisions of By-law No. 79-200, to
permit the use of the Lands in a manner that would otherwise be prohibited by that
by-law. In the case of any conflict between a specific provision of this by -law and
any existing provision of By-law No. 79-200, the provisions of this by-law are to
prevail.
3. Notwithstanding any provision of By-law No. 79-200 to the contrary, the following
uses and regulations shall be the permitted uses and regulations governing the
permitted uses on and of the Lands.
4. The permitted uses shall be:
(a) The uses permitted in a TC zone.
(b) Apartment dwelling.
(c) Vacation rental unit in an apartment dwelling.
(d) 3 dwelling units may be located at the rear of the building with entrances from
the eastern façade.
(e) Satellite parking lot.
5. The regulations governing the permitted uses shall be:
(a) Minimum lot area The whole of the Lands
(b) Location of the various components of
the building or structure on the Lands,
their maximum height and maximum
number of storeys and minimum yards
Refer to the plan on Schedule 2 of
this by-law and clause (c) of this
section
(c) Maximum height of buildings or
structures
145 metres as measured from
Geodetic Elevation 190.65 metres
and a maximum of 39 storeys,
which shall include a roof feature
as required by clause (d) of this
section and is subject to sections 6
and 7 of this by-law
(d) Roof feature A building having a height greater
than 24 metres shall have a roof
Page 60 of 112
3
feature which has a height of not
less than 5 metres above the top
storey. The roof feature shall be a
distinct architectural element of the
building and may contain a place
of occupancy.
(e) Minimum interior side yard width
(i) South lot line
0 metres save and except 5
metres, measured 85 metres from
the rear lot line, for above and
below grade buildings and
structures
(ii) North lot line Refer to the plan on Schedule 2 of
this by-law
(f) Minimum landscaped open space Refer to the plan on Schedule 2 of
this by-law
(g) Minimum number of parking spaces:
(i) For an apartment dwelling 1.2 parking spaces per dwelling
unit
(ii) For a day nursery 1 parking space for each 40
square metres of floor area
(iii) For a vacation rental unit 2 parking spaces, which may be in
tandem
(iv) For all other uses In accordance with Table 1 or
Table 1.1 of section 4.19.1 of By-
law No. 79-200
(h) Minimum parking space width 2.6 metres
(i) Minimum parking space length 5.6 metres
(j) Minimum width of manoeuvring aisle 6 metres
(k) Maximum permitted encroachments of
balconies into all required yards
2 metres
(l) Maximum permitted encroachments of
canopies into the front and interior yard
5 metres
(m) Maximum floor area for each retail
store
Not applicable
Page 61 of 112
4
(n) Maximum floor area for all retail stores Not applicable
(o) Maximum number of bedrooms in a
vacation rental unit
4
(p) Minimum number of loading spaces 1
(q) Satellite parking lot Those required parking spaces
which cannot be provided on
Parcel TC-1194 may be provided
and maintained on Parcel TC-1192
and/or Parcel TC-1193. Refer to
the plan on Schedule 3 of this by-
law.
(r) Minimum distance between an
accessory structure and interior side lot
line
0 metres for a trellis
(s) The balance of regulations specified for a TC use.
6. The owner of the Lands is required pursuant to subsection 37(3) of the Planning
Act, to enter into one or more agreements with the City in order to secure the
facilities, services and matters referred to in section 7 of this by -law and such
agreements are to be registered on title.
7. The height of the buildings or structures permitted by section 5 of this by-law shall
only be permitted subject to compliance with the conditions set out therein and in
return for the owner of the Lands providing the following facilities, services and
matters to the City, namely:
(a) streetscape improvements to the street frontage along Stanley Avenue
adjoining the lands, inclusive, but not necessarily limited to sidewalks, street
trees, street furniture, street lighting and landscaping, not covered by
development charges or the parkland dedication fee, as detailed in the City’s
Tourist Area Streetscape Master Plan;
(b) the contribution of facilities and/or cash to the City, in the amount based on the
cost of construction per square metre multiplied by the area of each floor
capable of being occupied above 30 storeys multiplied by 5%, to be used for
the capital facilities of one or more of the following projects as determined by
Council that are beyond those that would otherwise be provided under the
provisions of the Planning Act or the Development Charges Act:
• The development of Portage Prospect (proposed plaza at the top of the
incline railway)
• Development or provision of affordable housing initiatives
Page 62 of 112
5
• Provision of public art, heritage, and culture
• Provision for active transportation
• Provision of public parking in the Central Tourist District
• Provision of urban amenities
In accordance with an agreement entered into pursuant to section 6 of this by-
law;
(c) the provision of an architectural design for the buildings including, but not
limited to, surface articulation, exterior materials, roof structure, pedestrian-
scale uses, and design of the public realm satisfactory to the Director of
Planning, Building & Development.
8. No building or structure greater than 12 metres shall be erected until such time as
the facilities, services and matters required by an agreement entered into pursuant
to section 6 of this by-law are provided.
9. For the purpose of this by-law:
“Commercial parking lot” means an area used for the temporary parking or storing
of vehicles for profit or gain.
“Roof feature” means a distinct architectural element erected above the top storey
of the tower component and shall be provided for the purposes of enhancing the
design of the hotel and may enclose any roof mounted mechanical equipment,
mechanical penthouses, or other similar elements. Notwithstanding Section 4.7 of
By-law No. 79-200, and except for any flagpoles, or other similar decorative roof
features, and radio, telephone, television or telecommunication towers or
antennae, no water tank, elevator or other mechanical penthouse shall have a
height greater than the roof feature unless clad to be aesthetically consistent with
the roof feature.
“Satellite parking lot” means an area of land or part thereof which is provided and
maintained for the purpose of temporary parking of or storage of automobiles that
are accessory to the uses permitted on Parcels TC-1192, TC-1193, and TC-1194
of this by-law but does not include a commercial parking lot.
“Trellis” means a frame of latticework used as a screen or as a support for climbing
plants.
10. All other applicable regulations set out in By-law No. 79-200, as amended, shall
continue to apply to govern the permitted uses on the Lands, with all necessary
changes in detail.
Page 63 of 112
6
11. No person shall use the Lands for a use that is not a permitted use.
12. No person shall use the Lands in a manner that is contrary to the regulations.
13. The provisions of this by-law shall be shown on Sheet D5 of Schedule “A” of By-
law No. 79-200 by designating a portion of the Lands from TC and numbered 954
to TC and numbered 1194. Section 19 of By-law No. 79-200 is amended by adding
thereto:
19.1.1194 Refer to By-law No. 2022-___.
14. By-law Nos. 2012-82 and 2013-110 are repealed.
Read a First, Second and Third time; passed, signed and sealed in open Council
this 30th day of August, 2022.
....................................................................... .....................................................................
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
S:\ZONING\AMS\2021\AM-2021-014 Stanley Avenue, 6880\By-law\Bylaw - AM-2021-014- north parcel.docx
Page 64 of 112
&&
TC 11947.6m24.4m48.9m53.3m
95.4m
150m PORTAGERDSTANLEY AVSCHEDULE 1 TO BY-LAW NO. 2022-
Subject Lands:
Amending Zoning By-law No. 79-200
Applicant:
Assessment #:
K:\GIS_Requests\2021\Schedule\Zoning\14\ZoningSchedules_AM_2021_014\ZoningSchedules_AM_2021_014.aprx
2676562 ONTARIO LTD
272508000110212 AM-2021-014s
¹
8/26/2022
Description:PT TWP LT 160 BF STAMFORD PTS 12, 13, 14, & 15, 59R-14894; S/T EASEMENT OVER PT 12, 59R-14894 AS IN
RO522432; SUBJECT TO AN EASEMENT OVER PT 14, 59R-14894 IN FAVOUR OF PT RANGE 1, PT ONTARIO HOUSE
LT, PL 1 & PT TWP LT 160 BF STAMFORD PTS 1-11, 59R-14894 AS IN SN377924; TOGETHER WITH AN EASEMENT
OVER PT RANGE 2 & PT ONTARIO HOUSE LT, PL 1 PT 3, 59R-14894 AS IN SN377923; TOGETHER WITH AN
EASEMENT OVER PT ONTARIO HOUSE LT, PL 1 & PT TWP LT 160 BF STAMFORD, PT 8, 59R-14894 AS IN SN377924;
CITY OF NIAGARA FALLS
PIN: 64377-0236 (LT)
NTS
Page 65 of 112
Building Heights
Tower and Building Components Above Geodetic
Survey of Canada; Elevation 190.65m
MaximumHeightMaximum No.of Storeys&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&
1m
2.5m
5m6m6.2m7.6m11m16.5m
16m16.5m
18.1m 20m
21m
22.5m23.6m24.4m26.3m28.7m
37m
37m38m
48.9m53.3m
56m
65m
75m
95.4m
150m PORTAGERDSTANLEY AVAmending Zoning By-law No. 79-200
K:\GIS_Requests\2021\Schedule\Zoning\14\ZoningSchedules_AM_2021_014\ZoningSchedules_AM_2021_014.aprx AM-2021-014 8/29/2022
Assessment #:272508000110212
Applicant:2676562 ONTARIO LTD
¹NTS
SCHEDULE 2 TO BY-LAW NO. 2022-
5 24m
14 50m
39 145m
12m
Landscaped
Open Space
MaximumHeight
Page 66 of 112
TC
TC
TC
1193
1192
1194Fallsview BvLivingston St
Portage RdStanley AvSCHEDULE 3 TO BY-LAW NO. 2022-
Subject Lands:
Amending Zoning By-law No. 79-200
Assessment #:
K:\GIS_Requests\2021\Schedule\Zoning\14\ZoningSchedules_AM_2021_014\ZoningSchedules_AM_2021_014.aprx
272508000110210, 272508000110208,
272508000110212
AM-2021-014
¹
8/26/2022
NTS
Page 67 of 112
CITY OF NIAGARA FALLS
By-law No. 2022-
A by-law to provide for the adoption of Amendment No. 153 to the City of Niagara Falls
Official Plan (AM-2021-014).
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS, IN
ACCORDANCE WITH THE PLANNING ACT, 1990, AND THE REGIONAL
MUNICIPALITY OF NIAGARA ACT, HEREBY ENACT AS FOLLOWS:
1. Amendment No. 153 to the City of Niagara Falls Official Plan, constituting the
attached text and map, is hereby adopted.
Read a First, Second and Third time; passed, signed and sealed in open Council
this 30th day of August, 2022.
........................................................ ......................................................
BILL MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
S:\OFFICIAL.PLN\AMEND\#153 - 6880 Stanley\! - By-law - OPA 153.docx
Page 68 of 112
OFFICIAL PLAN AMENDMENT NO. 153
PART 1 – PREAMBLE
(i) Purpose of the Amendment
The purpose of the amendment is to update existing policies to permit the revised
development design of a 3-5 storey, 24 metre podium with 45, 60, and 39 storey
towers with dwelling units and tourist commercial uses.
(ii) Location of the Amendment
The amendment applies to lands shown as “Subject to Policy 4.6.11(d)” on Figure 4
in Part 2 of the City’s Official Plan.
(iii) Details of the Amendment
Text Change
PART 2, SECTION 4.6.11 (d) – OFFICIAL PLAN AMENDMENT, is amended as
outlined in PART 2 – BODY.
(iv) Basis of the Amendment
Current policies allow for the development of 57, 42, and 32 storey towers on the lands
in exchange for retention, conservation and restoration of the former Loretto Academy
on the lands.
The applicants (2676555 Ontario Ltd, 2676557 Ontario Ltd, & 2676562 Ontario Ltd)
are proposing a modified development of a 3-5 storey, 24 metre podium with 45, 60,
and 39 storey towers with dwelling units and tourist commercial uses.
The lands are designated Tourist Commercial, as shown on Schedule A – Future Land
Use of the City’s Official Plan.
The amendment meets the intent of the Official Plan as the proposed development is
within an area where high-rise buildings are directed to and the area is suitable for
intensification. The former Loretto Academy building and the lawn to its east is being
preserved. The minor increase in height from existing permissions results in minimal
shadowing impact on municipal streets and abutting properties. Infrastructure
capacity will be reviewed at the site plan stage to ensure there are adequate municipal
services and no transportation impacts are expected.
S:\OFFICIAL.PLN\AMEND\#153 - 6880 Stanley\1 - Preamble - OPA 153.docx
Page 69 of 112
PART 2 – BODY OF THE AMENDMENT
All of this part of the document entitled PART 2 – BODY OF THE AMENDMENT,
consisting of the following text and attached map, constitute Amendment No. 153 to the
Official Plan of the City of Niagara Falls.
DETAILS OF THE AMENDMENT
The Official Plan of the City of Niagara Falls is hereby amended as follows:
1. MAP CHANGE
Not applicable.
2. TEXT CHANGES
PART 2, SECTION 4.6.11 (d) – OFFICIAL PLAN AMENDMENT, is deleted and
replaced with the following:
4.6.11 (d) – Notwithstanding the provisions of PART 2, sections 4.1.23 and
4.4.3 and further to the provisions of PART 2, section 4.4.4 and
PART 4, section 4.5.1, Council may consider passing a by -law to
permit a development on a 3.03 hectare site on the east side of
Stanley Avenue, south of Livingston Street, consisting of three hotel
and/or residential towers with a maximum building height of 39
storeys for the southern tower, 60 storeys for the central tower, and
45 storeys for the northern tower.
The additional height above 30 storeys is in return for: retaining,
conserving and/or restoring the former Loretto building as per the
requirements of its new use on the lands and; retaining and
conserving the portion of the site running north/south in an
alignment to the east of the existing building. The specific
dimensions are to be determined at the Zoning By -law amendment
stage.
Any application to amend the Zoning By-law to permit one or more
of the said towers shall be accompanied by a heritage impa ct
assessment, in conjunction with the provisions of PART 3, sections
3.2 and 3.2.19, undertaken to determine the significance of the
building and lands and what actions are required to minimize or
mitigate any adverse impacts.
Further, any application to amend the Zoning By-law to permit one
or more of the said towers shall be accompanied by the following
studies: a shadow impact assessment, pedestrian level wind study,
transportation impact study, tree inventory and tree saving plan, an
archaeological study and an architectural peer review report.
Page 70 of 112
2
Subject to this specific development policy, the following services,
facilities and matters shall be provided under an agreement
pursuant to Section 37 of the Planning Act for any portion of the
buildings in excess of 30 storeys:
i) the contribution of facilities and/or cash to the City, in the
amount based on the cost of construction per square metre
multiplied by the area of each floor capable of being
occupied above 30 storeys, multiplied by 5%, to be used for
capital facilities of one or more projects as determined by
Council that are beyond those that would otherwise be
provided under the provisions of the Planning Act or the
Development Charges Act and secured through an
agreement.
The City of Niagara Falls has a set of urban design guidelines for
buildings over 10 storeys in height. These guidelines shall be
adhered to for the three building towers. In light of the site’s
prominent location and to prevent a built wall, the following policies
shall apply to any hotel/residential condominium development on
this site:
i) have clearly defined podiums, which engage the pedestrian,
that are designed to animate and define street(s), this can
be accomplished by placing podiums to street frontage
and/or through landscaping at lot frontage;
ii) coordinate with adjacent buildings, driveways and parking
spaces as much as possible;
iii) to have a podium of 3-5 storeys and 24 metres;
iv) have towers generally setback a minimum of 3 metres from
the street, with some minor encroachments permitted,
provided a majority of the towers maintain a setback of 3
metres; and,
v) supply all required parking on-site, at grade and in parking
garages.
S:\OFFICIAL.PLN\AMEND\#153 - 6880 Stanley\2 - Body - OPA 153.docx
Page 71 of 112
CITY OF NIAGARA FALLS
By-law No. 2022-103
A by-law to amend By-law No. 79-200, to permit the use of the lands for a 35 and 36
storey mixed use development subject to the removal of a holding (H) symbol (AM-2021-
019)
WHEREAS the City’s Official Plan contains policies to ensure the creation of a high -
quality built form and urban environment in the City’s tourist districts and to provide the
opportunity to approve zoning by-law amendments which permit increases in building
heights in return for improvements to the public realm as authorized by Section 37 of the
Planning Act;
AND WHEREAS pursuant to Section 37 of the Planning Act, the Council of a local
municipality may, in a by-law passed under Section 34 of the Planning Act, authorize
increases in the height or density of development otherwise not permitted by the existing
by-law that will be permitted in return for the provision of such facilities, services or matters
as are set out in the amending by-law;
AN D WHEREAS Subsection 37(3) of the Planning Act provides that, where an owner of
land elects to provide facilities, services or matters in return for an increase in the height
or density of development, the municipality may require the owner to enter into one or
more agreements with the municipality dealing with the facilities, services or matters;
AND WHEREAS the owner of the lands hereinafter referred to has elected to provide the
facilities, services and matters as are hereinafter set forth;
AND WHEREAS the increase in the height of development permitted hereunder, beyond
that otherwise permitted on the aforesaid lands by By-law No. 79-200, is to be permitted
in return for the provision of facilities, services and matters set out in this by-law and to
be secured by one or more agreements between the owner of such lands and the City;
AND WHEREAS the City has required the owner of the aforesaid lands to enter into one
or more agreements dealing with certain facilities, services and matters in return for the
increase in height in connection with the aforesaid lands as permitted;
AND WHEREAS Subsection 34(5) of the Planning Act provides that the Council of a local
municipality may prohibit the use of land or the erection of buildings or structures until
such municipal services as maybe set out in a by-law passed under Section 34 of the
Planning Act are available to service the land, building and structures;
AND WHEREAS City Council has held a Public Meeting to consider these matters,
including an increase in height;
AND WHEREAS City Council has adopted Official Plan Amendment No. 144, which
permits the development of one 29 and one 30 storey tower with a 6 storey podium at the
base of each tower. The total height of the development to be 35 and 36 storeys at a
maximum height of 116 metres, subject to a satisfactory architectural design and the
provision of facilities, services or matters under an agreement executed pursuant to
Subsection 37(3) of the Planning Act.
Page 72 of 112
2
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
1. The Lands that are the subject of and affected by the provisions of this by-law are
described in Schedules 1 and 2 of this by-law and shall be referred to in this by-
law as the “Lands”. Schedules 1 and 2 are a part of this by-law.
2. The purpose of this by-law is to amend the provisions of By-law No. 79-200, to
permit the use of the Lands in a manner that would otherwise be prohibited by that
by-law. In the case of any conflict between a specific provision of this by-law and
any existing provision of By-law No. 79-200, the provisions of this by-law are to
prevail.
3. Notwithstanding any provision of By-law No. 79-200 to the contrary, the following
uses and regulations shall be the permitted uses and regulations governing the
permitted uses on and of the Lands.
4. The permitted uses shall be:
(a) The uses permitted in a TC zone.
(b) Dwelling units in combination with one or more of the uses permitted in the
TC zone, provided that dwelling units are located above the ground floor,
except for entrances hereto and for dwelling units located on the ground floor
abutting Ellen Avenue.
5. The regulations governing the permitted uses shall be:
(a) Minimum lot area
the whole of the Lands, save and
except for any part required for road
widening
(b) Maximum lot coverage
not applicable
(c) Maximum height of buildings or
structures
(i) Building A as shown
on the plan Schedule
2 attached hereto
(ii) Building B as shown
on the plan Schedule
2 attached hereto
113 metres and a maximum of 35
storeys, which shall include a roof
feature as required by clause (f) of
this section and is subject to
sections 6 and 7 of this by-law
116 metres and a maximum of 36
storeys, which shall include a roof
feature as required by clause (f) of
Page 73 of 112
3
this section and is subject to
sections 6 and 7 of this by-law
(d) Location of buildings or
structures, their maximum
height and maximum number
of storeys and minimum yards
Refer to Schedule 2 and clause (c)
of this section
(e) Maximum number of dwelling
units at ground level provided
such dwelling units front onto
Ellen Avenue
7
(f) Roof feature
Buildings A and B as shown on the
plan Schedule 2 attached hereto
shall each have a roof feature of a
minimum of 7 metres. The roof
feature shall be a distinct
architectural element of the building.
(g) Minimum percentage of the
street frontage of the ground
floor fronting onto Victoria
Avenue that must be occupied
by a use listed in sections (a)-
(b) inclusive, (d)-(f) inclusive,
(I)-(p) inclusive, (s), (u)-(y)
inclusive, (aa)-(ff) inclusive,
(hh), (mm), (nn), and (oo) in
Section 8.6.1 of By-law No. 79-
200.
100 %
(h) Minimum number of parking
spaces
1.03 parking spaces for each
dwelling unit
(i) Minimum number of loading
spaces
4 spaces
(j) Maximum gross floor area
57,600 square metres
(k) Front lot line For the purposes of this By-law,
Victoria Avenue shall be deemed to
be the front lot line.
(l) The balance of regulations specified for a TC use.
Page 74 of 112
4
6. The owner of the Lands is required pursuant to subsection 37(3) of the Planning
Act, to enter into one or more agreements with the City in order to secure the
facilities, services and matters referred to in section 7 of this by-law and such
agreements are to be registered on title.
7. The height of the buildings or structures permitted by section 5 of this by-law shall
only be permitted subject to compliance with the conditions set out therein and in
return for the owner of the Lands providing the following facilities, services and
matters to the City, namely:
(a) streetscape improvements to the street frontage along Victoria Avenue
adjoining the lands, inclusive, but not necessarily limited to sidewalks, street
trees, street furniture, street lighting and landscaping, not covered by
development charges or the parkland dedication fee, as detailed in the City’s
Tourist Area Streetscape Master Plan;
(b) the contribution of facilities and/or cash to the City, in the amount based on the
cost of construction per square metre multiplied by the area of each floor
capable of being occupied above 30 storeys multiplied by 5%, to be used for
the capital facilities of one or more of the following projects as determined by
Council that are beyond those that would otherwise be provided under the
provisions of the Planning Act or the Development Charges Act:
The development of the Niagara Falls Exchange
The development or provision of affordable housing
The development of Portage Prospect (proposed plaza at the top of the
incline railway)
In accordance with an agreement entered into pursuant to section 6 of this by-
law;
(c) the provision of an architectural design for the buildings including, but not
limited to, surface articulation, exterior materials, roof structure, pedestrian -
scale uses, and design of the public realm satisfactory to the Director of
Planning, Building & Development.
8. No building or structure greater than 12 metres shall be erected until such time as
the facilities, services and matters required by an agreement entered into pursuant
to section 6 of this by-law are provided.
Page 75 of 112
5
9. For the purposes of this by-law:
“roof feature” means a distinct architectural element erected above the top storey
and shall be provided for the purposes of enhancing the design of the building s
and may consist of and enclose any roof mounted mechanical equipment,
mechanical penthouses, or other similar elements. Notwithstanding section 4.7 of
By-law No. 79-200, and except for any flagpoles, or other similar decorative roof
features, and radio, telephone, television or telecommunication towers or
antennae, no water tank, elevator or other mechanical penthouse shall have a
height greater than the roof feature.
10. All other applicable regulations set out in By-law No. 79-200 shall continue to apply
to govern the permitted uses on the Lands, with all necessary changes in detail.
11. No person shall use the Lands for a use that is not a permitted use.
12. No person shall use the Lands in a manner that is contrary to the regulations.
13. The holding (H) symbol that appears on Schedule 1 attached hereto is provided
for in the City of Niagara Falls Official Plan pursuant to Section 36 of the Planning
Act. No person shall use the Lands described in section 1 of this by-law and shown
hatched and designated TC(H) and numbered 1170 on the plan Schedule 1
attached hereto for any purpose, prior to the H symbol being removed pursuant to
the Planning Act. Prior to the H symbol being removed, the landowner or
developer shall complete an updated wind study to address wind mitigation
measures, to the satisfaction of the City.
14. The provisions of this by-law shall be shown on Sheet D5 of Schedule “A” of By-
law No. 79-200 by redesignating the Lands from TC to TC(H) and numbered 1170.
15. Section 19 of By-law No. 79-200 is amended by adding thereto:
19.1.1170 Refer to By-law No. 2022-___.
Read a First, Second and Third time; passed, signed and sealed in open Council
this 30th day of August, 2022.
....................................................................... .....................................................................
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
S:\ZONING\AMS\2021\AM-2021-019 Victoria & Walnut (Fugiel)\By-law\AM-2020-019 draft by-law.docx
Page 76 of 112
1170
TC(H)39.9m60m
89
.
3
m93.5
m
17.1m
4.5m PALMERAVCE
NT
RE
S
T ELLENAVBEND
E
R
S
TWALNUTSTCOLLEGECRONEIDALNVICTORIAAVH
U
NTERST
MCGRAILAVSCHEDULE 1 TO BY-LAW NO. 2022-
Subject Lands:
Amending Zoning By-law No. 79-200
Applicant:
Assessment #:
K:\GIS_Requests\2021\Schedule\Zoning\19\AM-2021-019\AM-2021-019.aprx
Fugiel International Group Inc.
272503000312601 AM-2021-019
¹
8/23/2022
Description:Pt Lt 138 & 140, Pl 291 as in RO753288; Pt Lt 140, Pl 291 as in RO763880; Lt 141 & Pt Lt 142, Plan 291 as in
RO653247; Pt Lt 142, Pl 291 as in RO446646; Pt Lt 143, Pl 291 as in RO564224; t/w RO446646; City of Niagara Falls
PIN: 64344-0182 (LT)
Lt 139, Pl 291, Pt Lts 138 & 140, Pl 291 as in RO742126 & RO742127; Niagara Falls PIN: 64344-0090 (LT)
Pt Lt 127, Pl 1002, Town of Niagara Falls as in RO368758; Niagara Falls PIN: 64344-0106 (LT)
Pt Lt 127, Pl 1002, Town of Niagara Falls, Part 1, 59R-14363; s/t RO451061; Niagara Falls PIN: 64344-0156 (LT)
Pt Lt 127, Pl 1002, Town of Niagara Falls as in RO451061 (secondly); t/w RO451061; Niagara Falls PIN: 64344-0155
(LT)
NTS
Page 77 of 112
Pt Lt 138 & 140, Pl 291 as in RO753288; Pt Lt 140, Pl 291 as in RO763880; Lt 141 & Pt Lt 142, Plan 291 as inRO653247; Pt Lt 142, Pl 291 as in RO446646; Pt Lt 143, Pl 291 as in RO564224; t/w RO446646; City of Niagara FallsPIN: 64344-0182 (LT)
Lt 139, Pl 291, Pt Lts 138 & 140, Pl 291 as in RO742126 & RO742127; Niagara Falls PIN: 64344-0090 (LT)
Pt Lt 127, Pl 1002, Town of Niagara Falls as in RO368758; Niagara Falls PIN: 64344-0106 (LT)
Pt Lt 127, Pl 1002, Town of Niagara Falls, Part 1, 59R-14363; s/t RO451061; Niagara Falls PIN: 64344-0156 (LT)
Pt Lt 127, Pl 1002, Town of Niagara Falls as in RO451061 (secondly); t/w RO451061; Niagara Falls PIN: 64344-0155(LT)
Pt Lt 127, Pl 1002, Town of Niagara Fallsas in RO451061; t/w RO451061; NiagaraFalls PIN: 64344-0105 (LT)&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&
&&&&&&
&&&&&&&&&&Road
Widening
Building B
Building
A
Road
Widening
39.9m60m89
.
3
m93.5m17.1m
4.5m
VICTORIAAVELLENAVWALNUTST
2.
5
m2.5m3.
5
m8.5m9.5m10.5m12.5m23.5m2
3
.
0
m23.0m
2
3
.
5
m
24.5m24.5m
2
6
.
0
m
25
.
0
m
2
6
.
0m
28
.
5
m
31.5m32.0m37.5m37.0m75
.
5
m
81
.
9
2
m
Amending Zoning By-law No. 79-200
K:\GIS_Requests\2021\Schedule\Zoning\19\AM-2021-019\AM-2021-019.aprx AM-2021-019 8/23/2022
Assessment #:272503000312601
Applicant:Fugiel International Group Inc.
Description:
Building Heights
Tower and Building Components Above Geodetic
Survey of Canada; Elevation 193.7m
Maximum No.of Storeys MaximumHeight Maximum No.of Storeys MaximumHeight
¹NTS
116m36
35 8 34m113m
5 20m
SCHEDULE 2 TO BY-LAW NO. 2022-
6 24m
Page 78 of 112
CITY OF NIAGARA FALLS
By-law No. 2022-
A by-law to provide for the adoption of Amendment No. 144 to the City of Niagara Falls
Official Plan (AM-2021-019).
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS, IN
ACCORDANCE WITH THE PLANNING ACT, 1990, AND THE REGIONAL
MUNICIPALITY OF NIAGARA ACT, HEREBY ENACT AS FOLLOWS:
1. Amendment No. 144 to the City of Niagara Falls Official Plan, constituting the
attached text and map, is hereby adopted.
Read a First, Second and Third time; passed, signed and sealed in open Council
this 30th day of August 2022.
........................................................ ......................................................
BILL MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
S:\OFFICIAL.PLN\AMEND\#144 - Victoria & Walnut\By-law - OPA 144.docx
Page 79 of 112
OFFICIAL PLAN AMENDMENT NO. 144
PART 1 – PREAMBLE
(i) Purpose of the Amendment
The purpose of the amendment is to allow for the proposed development which shall
not exceed 35 and 36 storeys and a height of 116 metres. The subject lands are
approximately 0.56 hectares in size and are located on the north side of Victoria
Avenue, west of Walnut Street.
(ii) Location of the Amendment
The amendment applies to lands shown as as “Subject to Policy 4.6.11(h),” on Figure 4
of PART 2, SECTION 4- TOURIST COMMERCIAL of the City’s Official Plan.
(iii) Details of the Amendment
Text Change
PART 2, SECTION 4- TOURIST COMMERCIAL, is amended by the addition of
Subsection 4.6.11(h).
(iv) Basis of the Amendment
The applicant (Fugiel International Group Inc.- Pawel Fugiel) proposes to utilize an
area of 0.56 hectares for a 35 and 36 storey, that does not exceed 116 metres tall,
development.
The subject lands are designated Tourist Commercial as shown on Schedule A –
Future Land Use of the City’s Official Plan.
The amendment meets the intent of the Official Plan as it will establish at grade
commercial uses along Victoria Avenue, dwellings units along Ellen Avenue, and
apartment dwellings above grade in an area designated to permit mixed use and high-
rise development. Studies are to demonstrate that there will be minimal shadowing
and wind impact on surrounding lands and its design meets applicable architectural
guidelines.
S:\OFFICIAL.PLN\AMEND\#144 - Victoria & Walnut\Preamble - OPA 144.docx
Page 80 of 112
PART 2 - BODY OF THE AMENDMENT
All of this part of the document entitled PART 2 - BODY OF THE AMENDMENT, consisting of the
following text and attached map, constitute Amendment No. 144 to the Official Plan of the City of
Niagara Falls.
DETAILS OF THE AMENDMENT
The Official Plan of the City of Niagara Falls is hereby amended as follows:
1. MAP CHANGE
The "Area Affected by this Amendment", shown on the map attached hereto, entitled "Map
1 to Amendment No. 144", shall be identified as “Subject to Policy 4.6.11(h),” on Figure 4
of PART 2, SECTION 4- TOURIST COMMERCIAL of the Official Plan.
2. TEXT CHANGE
a. PART 2, SECTION 4- TOURIST COMMERCIAL, is hereby amended by adding
the following subsection:
4.6.11 (h) Notwithstanding the policies of Part 2, section 4.4.3, and further to the
policies of Part 2, section 4.4.4 and Part 4, section 4.5.1, Council may
pass a zoning by-law to permit the development of two towers for
dwelling and tourist commercial uses abutting Ellen and Victoria
Avenues on the lands. The development shall have a maximum
height of 35 and 36 storeys and 116 metres.
The amending zoning by-law shall specifically regulate the
development in terms of permitted uses, building heights and storeys,
separation distances between buildings, setbacks, floor areas and
parking.
To ensure wind speeds meet acceptable safety criterion on abutting
sidewalks and streets, the amending by-law shall contain a holding
(H) regulation requiring the submission of a microclimate study to the
satisfaction of the City and Regional Municipality of Niagara.
Subject to this specific development policy, the following services,
facilities and matters may be provided under an agreement pursuant
to section 37 of the Planning Act for any portion of the building in
excess of 30 storeys:
i) The contribution of facilities and/or cash to the City, in the
amount based on the cost of construction per square metre x
the area of each floor capable of being occupied above 30
storeys x 5%, to be used for the capital facilities of one or more
of the following projects as determined by Council that are
beyond those that would otherwise be provided under the
Planning Act or the Development Charges Act,
Page 81 of 112
• The development of the Niagara Falls Exchange
• The development or provision of affordable housing
• The development of Portage Prospect (proposed
plaza at the top of the incline railway)
ii) The provision of an architectural design for both the
residential tower and podium components, including, but not
limited to, surface articulation, exterior material, roof structure,
pedestrian-scale uses, and design of the public realm
satisfactory to the Director of Planning, Building &
Development.
Such services, matters and facilities shall be described in the
implementing zoning by-law and secured through appropriate
legal agreements executed under section 37 of the Planning
Act to the satisfaction of the City prior to the passing of the
implementing zoning by-law.
In order to provide for the implementation of these policies,
the section 37 agreement shall be executed by the applicant
and be ready for registration on title by the City Solicitor prior
to the passage of the amending zoning by-law.
S:\OFFICIAL.PLN\AMEND\#141 - 4118 & rear 4130 Main St Chippawa\PART 2 BODY.docx
Page 82 of 112
U N I T E D
S TAT E S
O F A M E R I C A
U N I T E D
S TAT E S
O F A M E R I C A
Peer StHighland AvOrchard AvPortageRdFourth AvDixon StCorwinCr Allendale AvSlater AvMcRae St Palmer AvMurray St
McL e o d R dDrummond RdM
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CrimsonDr Ailanthus AvStamford StShirleyAv
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Glenholme AvCarolyn AvDell AvBuchanan AvSecond AvFranklin AvFrederica St Lorne St
C
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Lewis AvMacdonald AvN e lson
CrDavidAvOntario AvEpwort h Cl
C aledoniaStFerry St
S y m m e s StClift
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Hawkins St
Valley Wy
Wilson CrTemperance AvLowell AvPope AvWhitm
anAvScott S t
BrantAvVictoria AvMargaret St
Culp St
Cook St
Arthur St
North St
JohnSt
Arad StLeonard AvWa
l
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u
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S
t
Jepson St
Cadham StBalmoralAv
Su m m e r St
Robinson St Sixth AvM
a
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l
e
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S
t
Ash St
Dunn St
Stevens St
Division St Third AvFrontenac St
Heximer AvLundy's Ln
Hou c k Dr
Armoury St
Hanan AvDawlish AvFlorence AvPine Grove AvEmery St
Gladstone AvChurchill St
Hir
a
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tHillsdale AvMcDougal l C r
Alex
AvR
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sonCrSpring St
Skinner St
Atlee St Desson AvBellevue St RiverLnRoss StMerritt AvGrey AvMorse AvSylvia PlVillage Cr Ralph AvHigh St
Biamonte C rLevel AvEllen AvRogerCr
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n
t
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S u n nyleaCrWendy Dr
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CrLocus AvEdward AvFallsview BvBiamonte Py
L a k e wood
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Bri ta nnia Cr
Clark AvH e n nepi n Cr NiagaraRiverPyFa l l s Av
Kitchener St
Stanley AvKer St
Maranda St
Monroe St
Taylor St
Prospect St
F ras e rH lRiverRd
420 Hy
N I A G A R A R I V E RPOWERCANALSubject to
Policy 4.6.11(h)
K:\GIS_Requests\2022\Schedule\OP_Sched\Zoning_OP.aprx 8/11/2022
MAP 1 TO AMENDMENT NO. 144
FIGURE 4, PART 2, SECTION 4 TO THE OFFICIAL PLAN
Building Heights
High Rise
Medium Rise
Low Rise
Area Affected by this Amendment
Proposed Change To: Subject to Policy 4.6.11(h)
City of Niagara Falls Official Plan
Note: This schedule form part of Amendment No. 144 to the Official Plan for the City of Niagara Falls
and it must be read in conjunction with the written text.
¯
AM-2021-019
Page 83 of 112
CITY OF NIAGARA FALLS
By-law No. 2022 -
A by-law to designate Lots 139 and 141, Plan 291 to be deemed not to be within a
registered plan of subdivision (AM-2021-019).
WHEREAS subsection 50(4) of the Planning Act, R.S.O.1990, provides that the council
of a local municipality may by by-law, designate any plan of subdivision, or part thereof,
that has been registered for eight years or more, to be deemed not to be a registered plan
of subdivision for the purpose of subsection 50(3) of the Planning Act, R.S.O.1990;
AND WHEREAS the said land is within a plan of subdivision registered in 1891;
AND WHEREAS to facilitate the legal merger of the said land to allow it to be developed
as one parcel, the passing of a by-law as provided in subsection 50(4) is necessary;
AND WHEREAS the Council of the Corporation of the City of Niagara Falls, in the
Regional Municipality of Niagara deems it expedient to designate the said land to be
deemed not to be within a registered plan of subdivision as provided in said subsection
50(4).
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACT
AS FOLLOWS:
1. Lots 139 and 141, Plan 291, in the City of Niagara Falls, in the Regional
Municipality of Niagara, shall be deemed not to be within a registered plan of
subdivision for the purpose of subsection 50(3) of the Planning Act, R.S.O.1990.
Read a First, Second and Third time; passed, signed and sealed in open Council
this 30th day of August, 2022.
......................................................................... .......................................................
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
S:\ZONING\AMS\2021\AM-2021-019 Victoria & Walnut (Fugiel)\By-law\Deeming By-law.docx
Page 84 of 112
CITY OF NIAGARA FALLS
By-law No. 2022-
A by-law to amend By-law No. 79-200, to permit the use of the lands for 55 townhouse
and 88 apartment (stacked townhouse) dwelling units in 16, 4.5 storey apartment
buildings and to repeal By-law No. 2001-132 (AM-2021-021).
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
1. The Lands that are the subject of and affected by the provisions of this by-law are
described in Schedule 1 of this by-law and shall be referred to in this by-law as the
“Lands”. Schedule 1 is a part of this by-law.
2. The purpose of this by-law is to amend the provisions of By-law No. 79-200, to
permit the use of the Lands in a manner that would otherwise be prohibited by that
by-law and repeal By-law No. 2001-132. In the case of any conflict between a
specific provision of this by-law and any existing provision of By-law No. 79-200,
the provisions of this by-law are to prevail.
3. Notwithstanding any provision of By-law No. 79-200 to the contrary, the following
uses and regulations shall be the permitted uses and regulations governing the
permitted uses on and of the Lands.
4. The permitted uses shall be the uses permitted in the R4 zone
5. The regulations governing the permitted uses shall be:
a) Minimum lot area:
i) For a townhouse dwelling
ii) For an apartment dwelling
134 square metres for each
dwelling unit
134 square metres for each
dwelling unit
b) Minimum front yard depth:
i) For a townhouse dwelling
ii) For an apartment dwelling
4 metres plus any applicable
distance specified in Section 4.27.1
of By-law No. 79-200
3 metres plus any applicable
distance specified in Section 4.27.1
of By-law No. 79-200
c) Minimum rear yard depth:
Page 85 of 112
2
i) For a townhouse dwelling
6.5 metres
d) Minimum interior side yard
width
3 metres
e) Maximum Lot Coverage 40%
f) Maximum height of a building
or structure
13.5 metres subject to Section 4.7
of By-law No. 79-200
g) Minimum number of parking
spaces
1.25 spaces for each dwelling unit
(178 spaces for 143 units)
h) Minimum privacy yard depth for
each townhouse dwelling
7.5 metres to the westerly interior
lot line
6 metres to the easterly interior lot
line
i) The balance of regulations specified for a R4 use.
6. All other applicable regulations set out in By-law No. 79-200 shall continue to apply
to govern the permitted uses on the Lands, with all necessary changes in detail.
7. No person shall use the Lands for a use that is not a permitted use.
8. No person shall use the Lands in a manner that is contrary to the regulations.
9. The provisions of this by-law shall be shown on Sheet C5 of Schedule “A” of By-
law No. 79-200 by redesignating the Lands from TC and numbered 548 to R4 and
numbered 1189.
10. Section 19 of By-law No. 79-200 is amended by adding thereto:
19.1.1189 Refer to By-law No. 2022-____
11. By-law No. 2001-132 is hereby repealed.
Read a First, Second and Third time; passed, signed and sealed in open Council
this 30th day of August, 2022.
....................................................................... .....................................................................
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
S:\ZONING\AMS\2021\AM-2021-021 S of McLeod Rd & E of Alex Ave\Bylaw\AM-2020-0011 By-law.docx
Page 86 of 112
&&&&&&&&&&&&&&&&
R=285
C=104.2
Al
e
x
A
v
McLeod Rd Ai
l
anthusAv
Sandy Ridge CmMa
r
i
n
e
l
a
n
d
P
y
Deerbrook St
A
s
p
e
n
C
t 2m7m
40.8m41.3m55.4mA=104.8
1
1
8
.
5
m 138.2mSCHEDULE 1 TO BY-LAW NO. 2022-
Subject Lands:
Amending Zoning By-law No. 79-200
Applicant:
Assessment #:
K:\GIS_Requests\2021\Schedule\Zoning\21\Zoning_AM-2021-021.aprx
2737826 Ontario Inc.
272508000314800 AM-2021-021
¹
7/19/2022
Description:PCL 1-1 SEC 59-4; PART LOT 5, PLAN 4 STAMFORD; PART LOT 6, PLAN 4 STAMFORD,
PARTS 1, 4 & 5, 59R-5702; CITY OF NIAGARA FALLS PIN: 64443-0357 (LT)
1189
NTS
R4
Page 87 of 112
CITY OF NIAGARA FALLS
By-law No. 2022-
A by-law to provide for the adoption of Amendment No. 150 to the City of Niagara Falls
Official Plan (AM-2021-021).
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS, IN
ACCORDANCE WITH THE PLANNING ACT, 1990, AND THE REGIONAL
MUNICIPALITY OF NIAGARA ACT, HEREBY ENACT AS FOLLOWS:
1. Amendment No. 150 to the City of Niagara Falls Official Plan, constituting the
attached text and map, is hereby adopted.
Read a First, Second and Third time; passed, signed and sealed in open Council
this 30th day of August, 2022.
........................................................ ......................................................
BILL MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
S:\OFFICIAL.PLN\AMEND\#150 - McLeod E of Alex\! - By-law - OPA 150.docx
Page 88 of 112
OFFICIAL PLAN AMENDMENT NO. 150
PART 1 – PREAMBLE
(i) Purpose of the Amendment
The purpose of the amendment is to re-designate the lands as residential to allow for
the development of 143 residential units in 10, 3 storey townhouse buildings and 6,
4.5 storey apartment buildings in the form of stacked townhouses. The subject lands
are approximately 1.9 hectares in size and are located on the south side of McLeod
Road, east of Alex Avenue.
(ii) Location of the Amendment
The amendment applies to lands shown as Special Policy Area 84 on Schedule A –
Future Land Use to the City’s Official Plan.
(iii) Details of the Amendment
Map Changes
MAP 1 - Schedule “A” to the Official Plan – Future Land Use has been amended
to show the Residential and Special Policy Area designation.
Text Change
PART 2, SECTION 13 – SPECIAL POLICY AREAS, is amended by the addition of
Subsection 13.84.
(iv) Basis of the Amendment
The applicant (2737826 Ontario Inc.) proposes to develop a 1.9 hectare portion of land
to construct 10, 3 storey townhouse blocks and 6, 4.5 storey apartment buildings
totaling 143 units within Special Policy Area 84.
The lands are designated Tourist Commercial, in part, Minor Commercial, in part, and
Residential, in part, as shown on Schedule A – Future Land Use of the City’s Official
Plan. The lands are also within the McLeod Intensification Corridor as shown on
Schedule A2 – Urban Structure Plan in the City’s Official Plan.
The amendment meets the intent of the Official Plan as residential development is
anticipated within the McLeod Intensification corridor, the proposed height and density
is permitted on the subject lands, the proposed setbacks and building heights to
surrounding properties are appropriate, the buildings are proposed close to the street
to engage the streetscape as per the design policies for apartment buildings, and the
proposal complies with D-6 Guidelines.
S:\OFFICIAL.PLN\AMEND\#150 - McLeod E of Alex\1 - Preamble - OPA 150.docx
Page 89 of 112
PART 2 – BODY OF THE AMENDMENT
All of this part of the document entitled PART 2 – BODY OF THE AMENDMENT,
consisting of the following Maps Changes and Text Changes, constitute Amendment
No. 150 to the Official Plan of the City of Niagara Falls.
DETAILS OF THE AMENDMENT
The Official Plan of the City of Niagara Falls is hereby amended as follows:
1. MAP CHANGES
The “Area affected by this Amendment,” shown on the map attached hereto,
entitled “Map 1 to Amendment No. 150,” shall be identified as Special Policy
Area “84” on Schedule “A” to the Official Plan.
2. TEXT CHANGES
PART 2, SECTION 13 – SPECIAL POLICY AREAS, is hereby amended by
adding the following subsection:
13.84 Special Policy Area “84” applies to approximately 1.9 hectares of
land located on the south side of McLeod Road, east of Alex
Avenue. Notwithstanding the policies of Part 1, Section 3.7 of this
plan, the lands may be developed with a mix of townhouse
dwellings, stacked townhouse dwellings, and apartment dwellings
with a maximum density of 75 units per hectare.
S:\OFFICIAL.PLN\AMEND\#150 - McLeod E of Alex\2 - Body - OPA 150.docx
Page 90 of 112
McLeod Rd
Sandy Ridge CmLake
w
o
o
dCrAlex AvAilanthus AvMari
n
e
l
a
n
d
P
y
Deerbrook StAspen CtK:\GIS_Requests\2022\Schedule\OP_Sched\Zoning_OP.aprx 7/19/2022
MAP 1 TO AMENDMENT NO. 150
SCHEDULE A TO THE OFFICIAL PLAN
Environmental
Conservation Area
Minor Commercial
Residential
Tourist Commercial
City of Niagara Falls Official Plan
Excerpt from SCHEDULE - A - FUTURE LAND USE
Note: This schedule form part of Amendment No. 150 to the Official Plan for the City of Niagara Falls
and it must be read in conjunction with the written text.
¯
Area Affected by this Amendment
Proposed Change To: Special Policy Area "84"
84
AM-2021-021
Page 91 of 112
CITY OF NIAGARA FALLS
By-law No. 2022-
A by-law to amend By-law No. 79-200, to permit the use of the lands for a 10-storey
apartment dwelling, containing a total of 107 dwelling units and ancillary commercial
space, subject to the removal of a holding (H) symbol (AM-2022-007).
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
1. The Lands that are the subject of and affected by the provisions of this by-law are
described in Schedule 1 of this by-law and shall be referred to in this by-law as the
“Lands”. Schedules 1 and 2 are a part of this by-law.
2. The purpose of this by-law is to amend the provisions of By-law No. 79-200, to
permit the use of the Lands in a manner that would otherwise be prohibited by that
by-law. In the case of any conflict between a specific provision of this by -law and
any existing provision of By-law No. 79-200, the provisions of this by-law are to
prevail.
3. Notwithstanding any provision of By-law No. 79-200 to the contrary, the following
uses and regulations shall be the permitted uses and regulations governing the
permitted uses on and of the Lands.
4. The permitted uses shall be:
(a) The uses permitted in a GC zone.
(b) Dwelling units in a building in combination with one or more of the uses
permitted in the GC zone, provided not more than 95% of the total floor area
of such building is used for dwelling units and further provided that such
dwelling units except entrances thereto are located entirely above the ground
floor, save and except for five (5) dwelling units which may be located on the
ground floor, provided they are located behind commercial units fronting onto
Main Street.
5. The regulations governing the permitted uses shall be:
(a) Location of the various
components of the building or
structure on the Lands, their
maximum height and
maximum number of storeys
and minimum yards
Refer to the plan on Schedule 2 of
this by-law and clause (b) of this
section
(b) Maximum height of building or
structure and maximum
number of storeys
41 metres and a maximum of 10
storeys, save and except a
maximum of 8 storeys and 29
Page 92 of 112
2
metres from the rear lot line, subject
to section 4.7 of By-law 79-200.
Refer to the plan on Schedule 2 of
this by-law
(c) Covered rooftop amenity space For the purposes of this by-law,
covered rooftop amenity space,
where identified on Schedule 2 of
this by-law, shall not be considered
a storey, but shall conform to the
maximum height.
(d) Maximum projection of
balconies into required yards
Refer to the plan on Schedule 2 of
this by-law
(e) Minimum number of parking
spaces
1.25 parking spaces for each
dwelling unit
(f) Minimum number of parking
spaces for a retail store
1 parking space per 28 square
metres of gross leasable floor area
(g) The balance of regulations specified for a GC use.
6. All other applicable regulations set out in By-law No. 79-200 shall continue to apply
to govern the permitted uses on the Lands, with all necessary changes in detail.
7. No person shall use the Lands for a use that is not a permitted use.
8. No person shall use the Lands in a manner that is contrary to the regulations.
9. The holding (H) symbol that appears on Schedule 1 attached hereto is provided
for in the City of Niagara Falls Official Plan pursuant to Section 36 of the Planning
Act. No person shall use the Lands described in section 1 of this by-law and shown
hatched and designated GC(H) and 1165 on the plan Schedule 1 attached hereto
for any purpose, prior to the H symbol being removed pursuant to the Plann ing
Act. Prior to the H symbol being removed, the landowner or developer shall file a
Record of Site Condition (RSC), signed by a qualified person, in the Environmental
Site Registry, and submit to the City and Region proof that the Ministry of
Environment, Conservation and Parks has acknowledged receipt of the RSC; and,
an updated engineering report and third party hydraulic modelling, signed by a
professional engineer to the satisfaction of Municipal Works.
10. The provisions of this by-law shall be shown on Sheet C4 of Schedule “A” of By-
law No. 79-200 by redesignating the Lands from GC, in part, and R1E, in part to
GC(H) and numbered 1165.
Page 93 of 112
3
11. Section 19 of By-law No. 79-200 is amended by adding thereto:
19.1.1165 Refer to By-law No. 2022-___.
Read a First, Second and Third time; passed, signed and sealed in open Council
this 30th day of August, 2022.
....................................................................... .....................................................................
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
S:\ZONING\AMS\2022\AM-2022-007 Main Street 5647, 5659, 5669\By-law\AM-2022-007 draft ZBA.docx
Page 94 of 112
13m14.78m18.87m29.68m
60.43m 75.54m99.42m
North St Portage RdLowell AvMain StSCHEDULE 1 TO BY-LAW NO. 2022-
Subject Lands:
Amending Zoning By-law No. 79-200
Applicant:
Assessment #:
K:\GIS_Requests\2022\Schedule\Zoning\007\Zoning_AM2022_007\Zoning_AM2022_007.aprx
Ed and Ruth Ann Nieuwesteeg and 2738129 Ontario Inc. (Dr.
George & Karen Zimakas) and Sandra Josephine Smith
272506000511300, 272506000511400,
272506000511500, 272506000506300
AM-2022-007
¹
8/22/2022
Description:Lot 10 w/s Main St, N. of Lundy’s Lane, Plan 653 abstracted as Block 2, Village of Niagara Falls; Lot 9 w/s Main St, N. of Lundy’s
Lane, Plan 653 abstracted as Block 2, Village of Niagara Falls; City of Niagara Falls
PIN: 64315-0092 (LT)
Part Block W/S Portage Rd or Main Street, Plan 653 abstracted as Block 11 Village of Niagara Falls as in RO250982; City of Niagara
Falls
PIN: 64315-0094 (LT)
Part of Lot 8 Plan 330 Niagara Falls; City of Niagara Falls
PIN: 64315-0080 (LT)
GC(H)
NTS
1165
Page 95 of 112
&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&
&&&&&&&&&&&&&&
1.5m 3m
7m
8m8m10m11m12m
12m13m14.78m14m18m
18.87m21m22m24m25m
29m
29.68m
36m
60.43m
64m
75.54m99.42m
Main StFuture Balcony
Encroachments
Building Heights
Maximum No.of Storeys MaximumHeight Maximum No.of Storeys MaximumHeight
Amending Zoning By-law No. 79-200
K:\GIS_Requests\2022\Schedule\Zoning\007\Zoning_AM2022_007\Zoning_AM2022_007.aprx AM-2022-007 8/22/2022
Assessment #:272506000511300, 272506000511400,
272506000511500, 272506000506300
Applicant:Ed and Ruth Ann Nieuwesteeg
and 2738129 Ontario Inc. (Dr.
George & Karen Zimakas) and
Sandra Josephine Smith
Description:Lot 10 w/s Main St, N. of Lundy’s Lane, Plan 653 abstracted as Block 2, Village of Niagara Falls; Lot 9 w/s Main St, N.
of Lundy’s Lane, Plan 653 abstracted as Block 2, Village of Niagara Falls; City of Niagara Falls PIN: 64315-0092 (LT)
Part Block W/S Portage Rd or Main Street, Plan 653 abstracted as Block 11 Village of Niagara Falls as in RO250982;
City of Niagara Falls PIN: 64315-0094 (LT)
Part of Lot 8 Plan 330 Niagara Falls; City
of Niagara Falls PIN: 64315-0080 (LT)
¹NTS
10 35.1m
10 Storeys
27.7m8
2 plus rooftopamenity space 10 plus rooftopamenity space 41m10m
8 Storeys
Mechanical room/rooftop amenity space3 Storeys
SCHEDULE 2 TO BY-LAW NO. 2022-
Page 96 of 112
CITY OF NIAGARA FALLS
By-law No. 2022-
A by-law to provide for the adoption of Amendment No. 145 to the City of Niagara Falls
Official Plan (AM-2022-007).
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS, IN
ACCORDANCE WITH THE PLANNING ACT, 1990, AND THE REGIONAL
MUNICIPALITY OF NIAGARA ACT, HEREBY ENACT AS FOLLOWS:
1. Amendment No. 145 to the City of Niagara Falls Official Plan, constituting the
attached text and map, is hereby adopted.
Read a First, Second and Third time; passed, signed and sealed in open Council
this 30th day of August 2022.
........................................................ ......................................................
BILL MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
S:\OFFICIAL.PLN\AMEND\#145 - 5647-5669 Main St & part of 5662 Lowell St\By-law - OPA 145.docx
Page 97 of 112
OFFICIAL PLAN AMENDMENT NO. 145
PART 1 – PREAMBLE
(i) Purpose of the Amendment
The purpose of the amendment is to allow for the proposed development which shall
not exceed 10 storeys and 41 metres tall. The subject lands are approximately 0.43
hectares in size and are located on the west side of Main Street, south of North Street.
(ii) Location of the Amendment
The amendment applies to lands shown as Special Policy Area 81 on Schedule A –
Future Land Use to the City’s Official Plan.
(iii) Details of the Amendment
Text Change
PART 2, SECTION 13 – SPECIAL POLICY AREAS, is amended by the addition of
Subsection 13.81.
(iv) Basis of the Amendment
The applicant (Ed and Ruth Ann Nieuwesteeg, 2738129 Ontario Inc [Dr. George &
Karen Zimakas], and Sandra Josephine Smith) propose to utilize an area of 0.43
hectares for a 10 storey mixed use development that does not exceed 41 metres in
height.
The subject lands are designated Minor Commercial, in part, and Residential, in part,
as shown on Schedule A – Future Land Use of the City’s Official Plan.
The amendment meets the intent of the Official Plan as the area that is suitable for
intensification. The proposed development will establish at grade commercial uses
and will provide an interesting facade by having large glass windows with awnings and
a red brick treatment along Main Street. Apartment dwellings are provided to the rear
and above grade. The side yard setbacks will be in character with adjacent properties
and a compatible relationship to existing development will result with the requirement
of a 45 degree angular plane from the rear yard lot line. The roofline is angled to
provide interest and the party room disguises the building’s mechanical equipment
and elevator penthouse. The majority of the parking is provided underground and
parking at grade will be screened with perimeter fencing and landscaping. There are
municipal services available and there are no negative impacts on the City’s
transportation system.
S:\OFFICIAL.PLN\AMEND\#145 - 5647-5669 Main St & part of 5662 Lowell St\Preamble - OPA 145.docx
Page 98 of 112
PART 2 - BODY OF THE AMENDMENT
All of this part of the document entitled PART 2 - BODY OF THE AMENDMENT, consisting of the
following text and attached map, constitute Amendment No. 145 to the Official Plan of the City of
Niagara Falls.
DETAILS OF THE AMENDMENT
The Official Plan of the City of Niagara Falls is hereby amended as follows:
1. MAP CHANGE
The "Area Affected by this Amendment", shown on the map attached hereto, entitled "Map
1 to Amendment No. 145", shall be identified as Special Policy Area 81 on Schedule A –
Future Land Use to the Official Plan.
2. TEXT CHANGE
a. PART 2, SECTION 13 – SPECIAL POLICY AREAS, is hereby amended by adding
the following subsection:
13.81 SPECIAL POLICY AREA “81”
Special Policy Area “81” applies to approximately 0.43 hectares of
land located on the west side of Main Street, south of North Street.
The lands are designated as Residential, in part, and Minor
Commercial, in part, on Schedule “A” to the Official Plan.
Notwithstanding the height and density provisions contained in
Part 1, Section 3.13, a mixed-use building may be permitted to
develop with a maximum residential density of 250 units per
hectare and a maximum height of 10 storeys and 41 metres,
provided the building is stepped back provide appropriate
transition to abutting residential use.
S:\OFFICIAL.PLN\AMEND\#145 - 5647-5669 Main St & part of 5662 Lowell St\PART 2 BODY - OPA 145.docx
Page 99 of 112
SUMMER ST MAIN STEMERY ST
LOWELL AVNORTH ST PORTAGE RDBANKER AVAdd: Special Policy Area "81"
City of Niagara Falls Official Plan
Excerpt from SCHEDULE - A - FUTURE LAND USE PLAN
K:\GIS_Requests\2022\Schedule\OP_Sched\Zoning_OP.aprx
AM-2022-007
¹
8/15/2022
1:nts
81
Area Affected by this Amendment
Minor Commercial
Residential
NOTE: This schedule forms part of Amendment No. 145 to the Official Plan
for the City of Niagara Falls and it must be read in conjunction with the written text.
MAP 1 TO AMENDMENT NO. 145
SCHEDULE A TO THE OFFICIAL PLAN
Page 100 of 112
CITY OF NIAGARA FALLS
By-law No. 2022 -
A by-law to designate Lots 9 and 10, W/S Main St, N of Lundy’s Lane, Plan 653 to be
deemed not to be within a registered plan of subdivision (AM-2022-007).
WHEREAS subsection 50(4) of the Planning Act, R.S.O.1990, provides that the Council
of a local municipality may by by-law, designate any plan of subdivision, or part thereof,
that has been registered for eight years or more, to be deemed not to be a registered plan
of subdivision for the purpose of subsection 50(3) of the Planning Act, R.S.O.1990;
AND WHEREAS the said land is within a plan of subdivision registered in 1887;
AND WHEREAS to facilitate the legal merger of the said land to allow it to be developed
as one parcel, the passing of a by-law as provided in subsection 50(4) is necessary;
AND WHEREAS the Council of the Corporation of the City of Niagara Falls, in the
Regional Municipality of Niagara deems it expedient to designate the said land to be
deemed not to be within a registered plan of subdivision as provided in said subsection
50(4).
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACT
AS FOLLOWS:
1. Lots 9 and 10, W/S Main St, N of Lundy’s Lane, Plan 653, in the City of Niagara
Falls, in the Regional Municipality of Niagara, shall be deemed not to be within a
registered plan of subdivision for the purpose of subsection 50(3) of the Planning
Act, R.S.O.1990.
Read a First, Second and Third time; passed, signed and sealed in open Council
this 30th day of August 2022.
......................................................................... .......................................................
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
S:\ZONING\AMS\2022\AM-2022-007 Main Street 5647, 5659, 5669\By-law\AM-2022-007 - Deeming By-law.docx
Page 101 of 112
CITY OF NIAGARA FALLS
By-law No. 2022-
A by-law to amend By-law No. 79-200, to permit the use of the lands for 80 townhouse
dwelling units (AM-2022-010).
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
1. The Lands that are the subject of and affected by the provisions of this by-law are
described in Schedule 1 of this by-law and shall be referred to in this by-law as the
“Lands”. Schedule 1 is a part of this by-law.
2. The purpose of this by-law is to amend the provisions of By-law No. 79-200, to
permit the use of the Lands in a manner that would otherwise be prohibited by that
by-law. In the case of any conflict between a specific provision of this by -law and
any existing provision of By-law No. 79-200, the provisions of this by-law are to
prevail.
3. Notwithstanding any provision of By-law No. 79-200 to the contrary, the following
uses and regulations shall be the permitted uses and regulations governing the
permitted uses on and of the Lands.
4. The permitted uses shall be the uses permitted in the R4 zone.
5. The regulations governing the permitted uses shall be:
(a) Minimum lot area for a
townhouse dwelling
248 square metres for each dwelling
unit
(b) Minimum interior side yard
width
4.2 metres
(c) Maximum lot coverage
39.5%
(d) Parking spaces for each
dwelling unit
1.25
(e) Minimum landscaped open
space
95 square metres for each dwelling
unit
(f) Minimum privacy yard depth for
each townhouse dwelling unit,
as measured from the exterior
rear wall of every dwelling unit
Page 102 of 112
2
(i) for dwelling units
abutting the north and
south lot line
(ii) for dwelling units that do
not abut a lot line
(iii) for all other dwelling
units
6.7 metres
7.25 metres
7.5 metres
(g) The balance of regulations specified for an R4 use.
6. All other applicable regulations set out in By-law No. 79-200 shall continue to apply
to govern the permitted uses on the Lands, with all necessary changes in detail.
7. No person shall use the Lands for a use that is not a permitted use.
8. No person shall use the Lands in a manner that is contrary to the regulations.
9. The provisions of this by-law shall be shown on Sheet C4 of Schedule “A” of By-
law No. 79-200 by redesignating the Lands from I and numbered 532, in part, and
R1B, in part, to R4 and numbered 1188.
10. Section 19 of By-law No. 79-200 is amended by adding thereto:
19.1.1188 Refer to By-law No. 2022-___.
Read a First, Second and Third time; passed, signed and sealed in open Council
this 30th day of August, 2022.
....................................................................... .....................................................................
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
S:\ZONING\AMS\2022\AM-2022-010 Dorchester Road, 5610, 5630, Roll # 272506001402150\By-law\By-law AM-2022-010.docx
Page 103 of 112
&&&&&&&&&&&&&&&&&&&&&&&&1.2m2.4m2.63m
Dorchester RdLeeming St
Cook St
Mouland AvR
oyalManor Dr
Garden St
Frederica St
Woodland Bv21.7m
54.8m56m60.7m
64m 70.2m72.7m
74.7m92.3m
SCHEDULE 1 TO BY-LAW NO. 2022-
Subject Lands:
Amending Zoning By-law No. 79-200
Applicant:
Assessment #:
K:\GIS_Requests\2022\Schedule\Zoning\010\Zoning_AM_2022_010.aprx
Loyalist Crossing Development Inc.
272506001402150, 272506001402300,
272506001402400
AM-2022-010
¹
7/18/2022
Description:PART OF BLOCK A, PLAN 54 STAMFORD, AS IN RO566115; NIAGARA FALLS
PIN:64313-0004 (LT)
PART OF BLOCK A, PLAN 54 STAMFORD, AS IN RO551541; NIAGARA FALLS
PIN:64313-0005 (LT)
PART OF TOWNSHIP LOT 125 STAMFORD, BEING PART 1 ON 59R12965; NIAGARA FALLS
PIN:64313-00302 (LT)
R4
NTS
1188
Page 104 of 112
CITY OF NIAGARA FALLS
By-law No. 2022-
A by-law to amend By-law No. 395, 1966 to permit a reduction in minimum lot frontage of
the lands (AM-2022-016).
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
1. The Lands that are the subject of and affected by the provisions of this by-law are
described in Schedule 1 of this by-law and shall be referred to in this by-law as the
“Lands”. Schedule 1 is a part of this by-law.
2. The purpose of this by-law is to amend the provisions of By-law No. 395, 1966 as
amended, to permit the use of the Lands in a manner that would otherwise be
prohibited by that by-law. In the case of any conflict between a specific provision
of this by-law and any existing provision of By-law No. 395, 1966 as amended, the
provisions of this by-law are to prevail.
3. Notwithstanding any provision of By-law No. 395, 1966, as amended, to the
contrary, the following uses and regulations shall be the permitted uses and
regulations governing the permitted uses on and of the Lands.
4. The permitted uses shall be the uses permitted in the Rural zone.
5. The regulations governing the permitted uses shall be:
(a) Minimum lot frontage on a public street 62 feet (19 metres)
(b) The balance of regulations specified for a Rural use.
6. All other applicable regulations set out in By-law No. 395, 1966 as amended, shall
continue to apply to govern the permitted uses on the Lands, with all necessary
changes in detail.
7. No person shall use the Lands for a use that is not a permitted use.
8. No person shall use the Lands in a manner that is contrary to the regulations.
Read a First, Second and Third time; passed, signed and sealed in open Council
this 30th day of August, 2022.
....................................................................... .....................................................................
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
Page 105 of 112
2
S:\ZONING\AMS\2022\AM-2022-016 - Bailey Ave, PID 273392\9. By-law\Bylaw - AM-2022-016.docx
Page 106 of 112
&&&&&&&&&&&&&&&&N i a g a r a R i v e r
Miller Rd NiagaraRiverPyBailey Av23ServiceRdBaxter AvAvery Bv
24 Service Rd19.8m61m89m
89m
121.9m254.9m561.7m
713.9m
SCHEDULE 1 TO BY-LAW NO. 2022-
Subject Lands:
Amending Zoning By-law No. 395 - Willoughby
Applicant:
Assessment #:
K:\GIS_Requests\2022\Schedule\Zoning\016\Zoning_AM_2022_016.aprx
800460 ONTARIO LIMITED
272513000205907 AM-2022-016
¹
8/23/2022
Description:PART OF LOT 15 BROKEN FRONT CONCESSION NIAGARA RIVER WILLOUGHBY, PART 1
PLAN 59R16038; CITY OF NIAGARA FALLS
PIN: 64254-0309 (LT)
Rural
NTS
Page 107 of 112
CITY OF NIAGARA FALLS
By-law No. 2022-
A by-law to provide for the adoption of Amendment No. 151 to the City of Niagara Falls
Official Plan (AM-2022-016).
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS, IN
ACCORDANCE WITH THE PLANNING ACT, 1990, AND THE REGIONAL
MUNICIPALITY OF NIAGARA ACT, HEREBY ENACT AS FOLLOWS:
1. Amendment No. 151 to the City of Niagara Falls Official Plan, constituting the
attached text and map, is hereby adopted.
Read a First, Second and Third time; passed, signed and sealed in open Council
this 30th day of August, 2022.
........................................................ ......................................................
BILL MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
S:\OFFICIAL.PLN\AMEND\#151 - Bailey Ave\! - By-law - OPA 151.docx
Page 108 of 112
OFFICIAL PLAN AMENDMENT NO. 151
PART 1 – PREAMBLE
(i) Purpose of the Amendment
The purpose of the amendment is to allow for the development of 3 rural residential
lots each 0.5 hectares in size that are located between 0 metres and 89 metres east
of Bailey Avenue on land that is designated as Rural in the Region of Niagara Official
Plan.
The subject land, a total of 1.5 hectares, is located on the east side of Bailey Avenue,
at the terminus of Avery Avenue, and north of Miller Road.
(ii) Location of the Amendment
The amendment applies to lands shown as Special Policy Area 85 on Schedule A –
Future Land Use to the City’s Official Plan.
(iii) Details of the Amendment
Map Changes
MAP 1 - Schedule “A” to the Official Plan – Future Land Use has been amended to
show the Good General Agriculture designation with Special Policy Area 85.
Text Change
PART 2, SECTION 13 – SPECIAL POLICY AREAS, is amended by the addition of
Subsection 13.85.
(iv) Basis of the Amendment
The applicant (800460 Ontario Limited) proposes to sever 3 rural residential lots each
0.5 hectares in size that are located between 0 metres and 89 metres east of Bailey
Avenue on land that is designated as Rural in the Region of Niagara’s Official Plan.
The land is designated Good General Agriculture as shown on Schedule A – Future
Land Use of the City’s Official Plan.
The amendment meets the intent of the Official Plan as the proposed 3 rural residential
lots meet the minimum lot frontage requirements of the Region of Niagara’s Official
Plan, the Hydrogeological Study supports the proposed 0.5 hectare lot area, the
proposed lots are fully within the Region’s Rural Area designation, and are similar with
other neighbourhood lots in terms of lot frontage and size. The lots will have
appropriate road access following the extension of Bailey Avenue and will be serviced
by private septic system and cistern, as approved by the Region.
S:\OFFICIAL.PLN\AMEND\#151 - Bailey Ave\1 - Preamble - OPA 151.docx
Page 109 of 112
PART 2 – BODY OF THE AMENDMENT
All of this part of the document entitled PART 2 – BODY OF THE AMENDMENT, consisting
of the following Maps Changes and Text Changes, constitute Amendment No. 151 to the
Official Plan of the City of Niagara Falls.
DETAILS OF THE AMENDMENT
The Official Plan of the City of Niagara Falls is hereby amended as follows:
1. MAP CHANGES
The “Area Affected by this Amendment”, shown on the map attached hereto, entitled
“Map 1 to Amendment 151”, shall be identified as Special Policy Area 85 on
Schedule A – Future Land Use to the Official Plan.
2. TEXT CHANGES
PART 2, SECTION 13 – SPECIAL POLICY AREAS, is hereby amended by adding
the following subsection:
13.85 Special Policy Area “85” applies to approximately 1.5 hectares of land
located on the east side of Bailey Avenue, at the terminus of Avery
Avenue, north of Miller Road. The land is designated Rural under the
Regional Municipality of Niagara Official Plan. Notwithstanding the
consent policies of Part 4, Policy 8.2, 3 rural residential lots each with
a minimum lot area of 0.5 hectares in size with frontage on Bailey
Avenue can be developed.
S:\OFFICIAL.PLN\AMEND\#151 - Bailey Ave\2 - Body - OPA 151.docx
Page 110 of 112
Miller Rd
Niagara River Py23 Service RdBailey Av24ServiceRdAvery Bv
Baxter Av
Weaver Rd
K:\GIS_Requests\2022\Schedule\OP_Sched\Zoning_OP.aprx 8/22/2022
MAP 1 TO AMENDMENT NO. 151
SCHEDULE A TO THE OFFICIAL PLAN
Environmental
Conservation Area
Environmental
Protection Area
Good General
Agriculture
Open Space
Parkway Residential
Area Affected by this Amendment
Add: Special Policy Area 85
City of Niagara Falls Official Plan
Excerpt from SCHEDULE - A - FUTURE LAND USE
Note: This schedule form part of Amendment No. 151 to the Official Plan for the City of Niagara Falls
and it must be read in conjunction with the written text.
¯
AM-2022-016
85
Page 111 of 112
CITY OF NIAGARA FALLS
By-law No. 2022 –
A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the
30th day of August, 2022.
WHEREAS it is deemed desirable and expedient that the actions and proceedings of
Council as herein set forth be adopted, ratified and confirmed by by-law.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
NIAGARA FALLS ENACTS AS FOLLOWS:
1. The actions of the Council at its meeting held on the 30th day of August, 2022
including all motions, resolutions and other actions taken by the Council at its said
meeting, are hereby adopted, ratified and confirmed as if they were expressly
embodied in this by-law, except where the prior approval of the Ontario Municipal
Board or other authority is by law required or any action required by law to be taken
by resolution.
2. Where no individual by-law has been or is passed with respect to the taking of any
action authorized in or with respect to the exercise of any powers by the Council,
then this by-law shall be deemed for all purposes to be the by-law required for
approving, authorizing and taking of any action authorized therein or thereby, or
required for the exercise of any powers thereon by the Council.
3. The Mayor and the proper officers of the Corporation of the City of Niagara Falls
are hereby authorized and directed to do all things necessary to give effect to the
said actions of the Council or to obtain approvals where required, and, except
where otherwise provided, the Mayor and the Clerk are hereby authorized and
directed to execute all documents arising therefrom and necessary on behalf of
the Corporation of the City of Niagara Falls and to affix thereto the corporate seal
of the Corporation of the City of Niagara Falls.
Read a first, second, third time and passed.
Signed and sealed in open Council this 30th day of August, 2022.
.............................................................. .............................................................
BILL MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
Page 112 of 112