03-22-2022 - No. 5The City of Niagara Falls, Ontario
Resolution
March 22"d, 2022
No. 5
Moved by: Councillor Mike Strange
Seconded by: Councillor Chris Dabrowski
WHEREAS subject to section 47 of the Planning Act, 1990 R.S.O. the Minister of
Municipal Affairs and Housing may exercise any of the powers conferred upon Council
by Section 34 (Zoning By-law) of the Planning Act; and,
WHEREAS the applicant requests Council consider passing a resolution to support a
Minister's Zoning Order regarding lands bounded by Erie Road, Bridge Street, Queen
Street and River Road; and,
THEREFORE be it resolved that Council supports the requested Minister's Zoning Order,
subject to the following conditions:
That all lands beyond the lands bounded by Erie Avenue, Zimmerman Avenue,
Bridge Street and Queen Street be subject to parking in accordance with the CB6
and CB3 zoning unless the 0.6 spaces per unit can be justified through a Parking
Demand Analysis to the satisfaction of the City's Municipal Works;
2. That the lands be subject to site plan approval subject to the policies and by-laws
of the City and the urban design policies in 3.11-3.13 in the Transit Station
Secondary Plan;
3. That a condition be added to deal with Section 37 Community Benefits through the
site plan approval process to be used in the downtown area for improvements,
features or affordable housing;
4. That a minimum of 2 sq.m. of balcony space be provided in addition to the 2 sq.m.
of indoor space and 2 sq.m. of outdoor space;
5. That the developer submits a parking demand analysis report to justify the 0.6
spaces per dwelling unit parking ratio and that the developer be permitted to
construct the podium and the first two towers of the development only. After full
occupancy, the parking capacity/need will need to be reevaluated through a
subsequent study to confirm if the 0.6 spaces per unit is still an acceptable parking
ratio for the overall development. Both reports will require Municipal Works
approval;
6. That a heritage impact study be submitted as part of site plan approval process;
7. That future road widenings in accordance with Section 4.27.1 are not hindered by
the proposed development; and,
8. That the City review in detail the draft by-law before submitting the final requested
by-law to the Minister.
WHEREAS Council has determined such request to be appropriate;
THEREFORE BE IT RESOLVED that the Council of the City of Niagara Falls supports
the requested Ministry's Zoning Order.
AND The Seal of the Corporation be hereto affixed
WILLIAM G. MATSON
CITY CLERK
S:\ZONING\AMS\2022\Bylaws\Resolution MZO Downtown NEW.docx
Carried Unanimously
JAMES M. DIODATI
MAYOR