08-15-2023 - No. 9The City of Niagara Falls, Ontario
Resolution
No. 9
Moved by: Councillor Ruth -Ann Nieuwesteeg
Seconded by: Councillor Tony Baldinelli
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 on April 28th, 2023, for Council to hold a public meeting to consider an
Official Plan and Zoning By-law application by 2683421 Ontario Limited for lands known
as 8218, 8228, and 8547 Grassy Brook Road, legally known as Pt Lt 3 Con Broken Front
Crowland As In Ro470830; S/T Aa68754 Pt Lts 3 & 4 Broken Front Con Crowland As In
Ro548979 (Firstly); Except Pts 3 — 14 Incl. 5902554; S/T Cr18048, Cr19077, Aa68179,
Aa68755; Pt Lts 3 & 4 Broken Front Con Crowland Pts 3, 4, 5 & 6 59r12554; S/T Aa68179,
Aa68755; Subject To An Easement In Gross Over Parts 3 & 6 Plan 5903390 As In
Sn704910 Pt Lt 3 Con Broken Front Crowland; Pt Lt 4 Con Broken Front Crowland, Pts
2, 5, 6 & 7 5903238 Except Pts 1 & 5 59x13390, Closed By Bylaw Sn171595; S/T
Easement Over Pt 6 59r13238 As In Aa68755; S/T Easement Over Pt 18 59rl3390 As In
Aa68755; S/T Easement In Gross Over Pts 17, 18 & 19 59rl3390 As In Sn186407; Pt Lts
3 & 4 Broken Front Con Crowland Pts 7 -14 Incl 5902554; S/T Cr18048, Cr19077,
Aa68179, Ro647432 Pt Lt 3 Con Broken Front Crowland As In Ro685378; S/T Aa68752;
City Of Niagara Falls Pin: 64262-0270 (Lt); Pt Lt 4 Broken Front Con Crowland Pts 15 —
21 Incl 59r12554 S/T Aa68047, Ro648013, Pt Lt 1 Con Broken Front Crowland; Pt Lt 2
Con Broken Front Crowland; As In Ro406733; S/T Aa83220, Aa83221, Aa83365 Pt Rdal
Btn Lts 2 & 3 Con Broken Front Crowland Being Pt 1 On 59x12158; Pt Lts 3 & 4 Broken
Fron Con Crowland As In Ro756807 Except Pts 15 — 21 Incl. 59r12554; S/T Aa68047;
City Of Niagara Falls , Pin: 64262-0271 (Lt); Pt Lt 4 Con Broken Front Crowland As In
Ro150942, Niagara Falls; Subject To An Easement In Gross Over Part 20, 5903390 As
In Sn704909; Pt Lts 2, 3 & 4 Broken Front Con Crowland; Pt Rdal Btn Lts 2 & 3 Broken
Front Con Crowland (As Closed By Bylaw Aa76417) Being Pts 1 & 2, 59r11568 Except
Pts 1 & 2, 5902554; S/T Ease Over Pt 2 59r11568 In Favour Of Pts 1, 2, 3 & 4 59x9648
Except Pts 1 & 2 59r11568 As In Lt211765; Pt Lts 2, 3 & 4 Broken Front Con Crowland;
Pt Rdal Btn Lts 2 & 3, Broken Front Con Crowland Pts 1 & 2 5902554; Niagara Falls;
Subject To An Easement In Gross Over Parts 2 & 4 Plan 59r13390 As In Sn704910; City
Of Niagara Falls, Pin: 64262-0272 (Lt); And, Pt Lt 1 Con Broken Front Crowland; Pt 2
Con Broken Front Crowland As In Ro548979; S/T Aa83220; Niagara Falls, Pin: 64262-
0091 (Lt); and
WHEREAS since that time the applicant has requested amendments to reduce lot
frontage, minimum front yard depth, and minimum interior side yard width for those lands
zoned Residential 1F Density (R1 F-1200) (for cottage style detached dwellings without
garages); increase maximum lot coverage, reducing minimum landscaped open space
and amenity area for back-to-back townhouse dwellings for those lands zoned Residential
Apartment 5D Density (R5D-1203) (for back-to-back townhouse dwellings); and, increase
the maximum height of building or structure for those lands zoned Residential Low
Density, Group Multiple Dwelling (R4-1204 and R4-1205), and Residential Apartment 5E
(R5E-1206), and General Commercial (GC -1207) (for stacked and back-to-back
townhouse dwellings); and, increase maximum lot coverage and reduce minimum
amenity area for back-to-back townhouse dwellings for those lands zoned R4-1205 and
R5E-1206; and
WHEREAS no changes are requested to the proposed by-law other than reducing lot
frontage, minimum front yard depth, and minimum interior side yard width for those lands
zoned Residential 1 F Density (R1 F-1200) (for cottage style detached dwellings without
garages); increasing maximum lot coverage, reducing minimum landscaped open space
and amenity area for back-to-back townhouse dwellings for those lands zoned Residential
Apartment 5D Density (R5D-1203) (for back-to-back townhouse dwellings); and,
increasing the maximum height of building or structure for those lands zoned Residential
Low Density, Group Multiple Dwelling (R4-1204 and R4-1205), and Residential
Apartment 5E (R5E-1206), and General Commercial (GC -1207) (for stacked and back-
to-back townhouse dwellings); and, increasing maximum lot coverage and reducing
minimum amenity area for back-to-back townhouse dwellings for those lands zoned R4-
1205 and R5E-1206; and
WHEREAS Council held a public meeting on May 30, 2023 to consider a Zoning By-law
amendment application by Empire (Grand Niagara) Project GP Inc. ("the applicant") for
lands municipally known as 8218, 8228, and 8547 Grassy Brook Road ("applicant's other
lands"); 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 and
by passing a resolution, and
WHEREAS the applicant requests Council consider passing a resolution that would deem
the giving of further notice is final and that no further notice is required to be given; and
WHEREAS Council determined that the proposed change to the by-law to include the
reduced lot frontage, minimum front yard depth, and minimum interior side yard width for
those lands zoned Residential 1F Density (R1 F-1200) (for cottage style detached
dwellings without garages); increased maximum lot coverage, reducing minimum
landscaped open space and amenity area for back-to-back townhouse dwellings for those
lands zoned Residential Apartment 5D Density (R5D-1203) (for back-to-back townhouse
dwellings); and, increased the maximum height of building or structure for those lands
zoned Residential Low Density, Group Multiple Dwelling (R4-1204 and R4-1205), and
Residential Apartment 5E (R5E-1206), and General Commercial (GC -1207) (for stacked
and back-to-back townhouse dwellings); and, increased maximum lot coverage and
reduce minimum amenity area for back-to-back townhouse dwellings for those lands
zoned R4-1205 and R5E-1206 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 in the zoning by-law minor and exempts the
requirement for further written notice.
AND The Seal of the Corporation be hereto affixed.
Carried (Councillor Lococo was opposed and
Councillor Patel declared a conflict).
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WILLIAM G. MATSON, CITY CLERK JA S M. DIODATI, MAYOR