08-13-2024 - No.12The City of Niagara Falls, Ontario
Resolution
August 13, 2024
No. 12 - AM-2022-021 - Part Lot 175, Portage Road - ZBA
Moved by: Councillor Mona Patel
Seconded by: Councillor Victor Pietrangelo
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 June 18th, 2024, to consider an Official Plan
Amendment and Zoning By-law Amendment application by Rudanco Inc. ("the applicant') to
permit the use of the lands for an 812-unit apartment dwelling consisting of two towers with
maximum building heights of 29 storeys (96 metres) and 38 storeys (125 metres), respectively,
for a vacant parcel of land located on Portage Road, north of Marineland Parkway; and
WHEREAS Council approved the recommendations of Report No. PBD-2024-24 on June 18th
2024, including a maximum podium height of 12 metres; and
WHEREAS since that time, it was identified by the applicant that a maximum podium height of
12.1 metres (a 0.1-metre increase) is required as the podium exceeds 12 metres in some
locations, as indicated on the elevations that were submitted with the application and presented
to Council and the public on June 18th; 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 change to By-law No. 2024-068 is minor and
does 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 change to By-law No. 2024-068 minor and exempts the requirement
for further written notice.
The City of Niagara Falls, Ontario
AND The Seal of the Corporation be hereto affixed. Carried (Councillor Lococo opposed)
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WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR