08-13-2024 - No.11The City of Niagara Falls, Ontario
Resolution
August 13, 2024
No. 11 - By-law No. 2024-076, Proposed 20 Storey Apartment Building
Moved by: Councillor Mona Patel
Seconded by: Councillor Lori Lococo
WHEREAS subsection 34(17) of the Planning Act, R.S.O. states where a change is made
to a proposed by-law after holding the required public meeting, that council shall
determine whether any further notice is to be given in respect of the proposed by-law and
the determination of the council as to the giving of further notice is final and not subject
to review in any court irrespective of the extent of the change made in the proposed by-
law; and
WHEREAS Official Plan and Zoning By-law Amendment Application (AM-2023-036) for
a 20 storey apartment dwelling was approved by Council on June 18, 2024 for the lands
west of Allendale Avenue, south of Main Street; and
WHEREAS before approving AM-2023-036, Council held a public meeting in compliance
with subsection 34(12) of the Planning Act; and
WHEREAS three (3) site specific regulations necessary to permit the concept that was
presented to Council, namely a reduction in landscaped open space area, a reduction in
amenity area per dwelling unit and an increase in in the permitted balcony projection into
a site yard, were not either not advertised and/or not included in the analysis in the staff
report to Council; and
WHEREAS the changes to the proposed by-law are considered to be minor and do not
require further notice;
THEREFORE BE IT RESOLVED that in accordance with subsection 34(17) of the
Planning Act, 1990 R.S.O, Council determines that the changes to the proposed zoning
by-law for AM-2023-036 for the development of a 20 storey apartment dwelling are minor
and do not require further notice.
AND The Seal of the Corporation to hereto affixed. Carried Unanimously
,//%j_
WILLIAM G.MATSON JAMES M.DIODATI
CITY CLERK MAYOR
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Building.docx