10-24-2023 - No. 15The City of Niagara Falls, Ontario
Resolution
No. 15 October 24, 2023
Moved by: Councillor Victor Pietrangelo
Seconded by: Councillor Ruth -Ann Nieuwesteeg
WHEREAS subsection 51(45) of the Planning Act, 1990 R.S.O requires a written notice
of the changes made to the conditions of approval of a plan of subdivision by an
approval authority; and
WHEREAS notwithstanding the requirement for a written notice for the changes to the
conditions of approval of a plan of subdivision, subsection 51(47) of the Planning Act,
1990 R.S.O allows an approval authority to deem such requested changes minor by
passing a resolution; and
WHEREAS it has been deemed necessary by Staff for Council to consider passing a
resolution that would deem the changes to the conditions of approval for the Riverfront
Draft Plan of Subdivision (26T-11-2019-001) minor and not require circulation of a
written notice; and
WHEREAS Council determined that the proposed changes to the conditions of approval
of the Riverfront Draft Plan of Subdivision would require all future Development
Agreements and/or Agreements of Purchase and Sale or Lease or Occupancy to
include a standard warning clause regarding potential noise and odour from the
proposed South Niagara Falls Wastewater Treatment Plant, and allow the registration of
the plan to proceed in two phases; and
THEREFORE BE IT RESOLVED that subject to subsection 51(47) of the Planning Act,
1990 R.S.O Council deems the changes to the conditions of approval of the Riverfront
Draft Plan of Subdivision minor and exempts the requirement for circulating a written
notice.
AND The Seal of the Corporation be hereto affixed. Carried
(Councillor Lococo opposed and Councillor Campbell was absent)
i
WILLIAM G. MATSON, CITY CLERK J ES M. DIODATI, MAYOR
SAS U B D IVI S\PS U B D\Riverfront\Extens ion of Draft Plan Approval\Report & Resolution