03-19-2024 - No. 01The City of Niagara Falls, Ontario
Resolution
March 19, 2024
No. 1
Moved by: Councillor Ruth -Ann Nieuwesteeg
Seconded by: Councillor Wayne Campbell
WHEREAS subsection 34(13) of the Planning Act, 1990 R.S.O requires written notice of the
public meeting to be given to prescribed persons and public bodies, in the prescribed manner,
and accompanied by the prescribed information; and
WHEREAS notice was given to the prescribed persons and public bodies, in the prescribed
manner, for the public meeting held by Council on January 16, 2024, to consider a Zoning By-law
Amendment application by 1788618 Ontario Inc. ("the applicant") to develop a 30-storey mixed -
use building with 456 dwelling units and 2 commercial units at grade on the lands on the south
side of Ferry Street, west of Fallsview Boulevard and east of Stanley Avenue known as 5438
Ferry Street ("the Lands"); and
WHEREAS Council approved the recommendations of Report No. PBD-2024-01 on January 16tn
2024, including an increase in lot coverage to 78% and the insertion of a Holding (H) provision in
the amending by-law to address various matters, including the registration of a Site Plan
Agreement within two years of the passing of the amending by-law; and
WHEREAS since that time, it was identified that the lot coverage calculation did not exclude the
lands that are to be dedicated to the City as road widenings, resulting in an increase in lot
coverage to 80%; and
WHEREAS since that time, City Staff have instead contemplated a sunset clause under
subsections 34 (16.1) and (16.2) of the Planning Act, 1990 R.S.O as well as through Part 4,
Section 4.6.1 and 4.6.2 of the City's Official Plan as it provides a mechanism to properly plan for
the efficient use of the City's services and appropriate allocation of servicing capacity for those
ready to develop; and
WHEREAS the sunset clause will cause the Lands to revert back to the TC-75 zone should the
owner of the Lands not execute a Site Plan Agreement to the satisfaction of the City within 3 years
of By-law No. 2024-031 coming into effect; and
WHEREAS approval of By-law No. 2024-031 may be extended by 1 year at the discretion of the
General Manager of Planning, Building and Development; and
WHEREAS notwithstanding the requirement for the written notice of a public meeting, subsection
34(17) of the Planning Act, 1990 R.S.O allows a municipality to deem such requested changes
minor and determine that no further notice is required to be given by passing a resolution; and
WHEREAS City Staff and the applicant request that Council considers passing a resolution that
would deem the giving of further notice as final and that no further notice is required to be given;
and
WHEREAS Council determined that the proposed changes to By-law No. 2024-031 are minor
and do not require further notice to be given.
THEREFORE, BE IT RESOLVED that subject to subsection 34(17) of the Planning Act, 1990
R.S.O Council deems the changes to By-law No. 2024-031 minor and exempts the requirement
for further written notice.
AND The Seal of the Corporation be hereto affixed. Carried Unanimously
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WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR