Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 22, 2021
CASE NO(S).: PL210047
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant and Appellant: Niacon Limited Construction Company
Subject: Request to amend the Official Plan – Failure of the Town of Fort Erie to adopt the requested amendment
Existing Designation: Commercial
Proposed Designation: Special Policy Area
Purpose: To permit the construction of a self storage facility
Property Address/Description: 625 Garrison Rd & 0-10389 Helena St
Municipality: Town of Fort Erie
Approval Authority File No.: 350309-0507
LPAT Case No.: PL210047
LPAT File No.: PL210047
LPAT Case Name: Niacon Limited Construction Company v. Fort Erie (Town)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Niacon Limited Construction Company
Subject: Application to amend Zoning By-law No. 129-90 – Refusal or neglect of the Town of Fort Erie to make a decision
Existing Zoning: Highway Commercial (C3-489) Zone
Proposed Zoning: Highway Commercial (C3) Zone, site specific
Purpose: To permit the construction of a self storage facility
Property Address/Description: 625 Garrison Rd & 0-10389 Helena St
Municipality: Town of Fort Erie
Municipality File No.: 350309-0507
LPAT Case No.: PL210047
LPAT File No.: PL210048
Heard: May 11, 2021 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Niacon Limited Construction Company | Jennifer Meader |
| Town of Fort Erie | Tom Harahan |
MEMORANDUM OF ORAL DECISION BY JATINDER BHULLAR ON MAY 11, 2021 AND ORDER OF THE TRIBUNAL
1This was the first Case Management Conference (“CMC”) in this matter. The affidavit of service is on file and was marked as Exhibit 1 for the record.
2Niacon Limited Construction Company (the “Applicant/Appellant”) made applications to the Town of Erie for official plan (OPA) and zoning by-law amendments (ZBLA) in order to permit the construction of a self storage facility at their property located at 625 Garrison Rd & 0-10389 Helena St in the Town of Fort Erie (the “Town”).. The Town did not make a decision within the required statutory period under the Planning Act, R.S.O. 1990, c. P. 13, as amended (the “Act”). The Applicant thus made respective appeals under subsections s. 22(7) and s. 34(11) of the Act.
PARTIES AND PARTICIPANTS
3There were no additional party requests and the Tribunal did not receive any requests for participant requests leading up to this CMC.
STATUS UPDATE AND FUTURE PLANS
4The Town informed that the Town staff created an information report without any recommendations.
5The Applicant/Appellant informed that they are ready to proceed to a hearing and plan to call up to two witnesses in the area of land use planning and traffic engineering as appropriate.
6The Town informed that they would call a planning witness and possibly responding witnesses in other disciplines as appropriate.
7An outline of issues was reviewed and both parties agreed that they will be able to finalize the issues list by around June 1, 2021. In the context of a possible hearing the parties requested that a three-day hearing will be appropriate.
8The Tribunal having considered the submissions ordered a three-day hearing to be conducted by video commencing at 10 a.m. on Wednesday, October 6, 2021. The parties were directed to provide a draft Procedural Order to the Tribunal by June 1, 2021 and this has since been received and an approved Procedural Order is attached to this decision as Attachment 1.
HEARING TECHNICAL DETAILS
1The hearing is scheduled to proceed by video on Wednesday, October 6, 2021 at 10 a.m.
2Parties and participants are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections:
https://global.gotomeeting.com/join/289376517
Access code: 289-376-517
3Parties and participants are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html
4Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: (647) 497-9391. The access code is 289-376-517.
5Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the hearing by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
9There will be no further notice.
10This member is not seized of this matter.
11This member may be contacted for case management purposes.
12The directions in this decision are so ordered
“Jatinder Bhullar”
JATINDER BHULLAR
MEMBER
Ontario Land Tribunal
Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal.