Loading...
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 ....:... .. .................. ............ ........ �......`.... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR