Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 14, 2023
CASE NO(S).: OLT-23-000814
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Dorchester Property Holdings Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the construction of a five-storey residential building with 74 residential units
Reference Number: AM-2022-001
Property Address: 6259-6293 Dorchester Road
Municipality/UT: Niagara Falls/Niagara
OLT Case No.: OLT-23-000814
OLT Lead Case No.: OLT-23-000814
OLT Case Name: Dorchester Property Holdings Inc v. Niagara Falls (City)
Heard: November 9, 2023 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Dorchester Property Holdings Inc. | Jennifer Meader Jessica De Marinis |
| City of Niagara Falls | Patrick Maloney |
| Niagara Stronger Together Incorporated | David Neligan |
MEMORANDUM OF ORAL DECISION DELIVERED BY KURTIS SMITH ON November 9, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was first Case Management Conference (“CMC”) with respect to an appeal filed by Dorchester Property Holdings Inc. (“Dorchester”) regarding the refusal of their application for a Zoning By-law Amendment by the Council of the City of Niagara Falls (“Niagara”) which, in its decision, states that the proposal is not compatible with the surrounding area.
2Dorchester proposes to redevelop the lands municipally known as 6259-6293 Dorchester Road (“Subject Property”) with a five-storey (5-storey) multiple residential building containing a total of 74 residential units.
3Planning staff for Niagara recommended approval of the application, with the inclusion of a holding provision to require an addendum of species at risk screening to identify what features and tree types were observed for the species at risk bats for roosting, and to conduct acoustic surveys, if required.
PROCEDURAL MATTERS
4The Tribunal received and marked the Affidavit of Service of the Notice of CMC sworn by Victoria Peacock as Exhibit 1. There were no issues with the service of Notice of the CMC, and as such, no further notice is required.
5Prior to the commencement of the CMC, the Tribunal was in receipt of one Party Status request and received no Participant Status requests.
6The lone Party Status request was from Niagara Stronger Together Incorporated (“NST”). NST was recently founded and incorporated to coordinate local resident’s concerns over the proposed development. NST stated that their concerns include the compatibility with the surrounding low-density residential uses, traffic impacts on Dorchester Road and surrounding community streets, and impacts on natural environment.
7Jennifer Meader, Counsel for Dorchester, shared that NST has followed the application process and is well-versed in the matter of the proposed development, application, and appeal.
8Given the direct interest of NST, the Tribunal granted Party Status to NST on consent of the Parties.
9Shortly before the CMC, the Tribunal received and reviewed a draft Procedural Order (“DPO”) and Issues List (“IL”). Most of the list is broadly written and does not clearly define the issues at hand. The Tribunal directed the Parties to work collaboratively to narrow/scope the issues and to supply the updated DPO and IL on consent to the Tribunal on or before Thursday, November 30, 2023 for the Tribunal’s review and approval.
10Ms. Meader informed the Tribunal that, at this time, Dorchester has not provided instruction on perusing the opportunities for settlement discussions, including Tribunal-assisted mediation. The Parties are to advise the Tribunal in writing should they reach a settlement with respect to some or all of the issues prior to the Hearing, and, should they wish to pursue Tribunal-assisted mediation, they may make a written request to the Tribunal through the Case Coordinator.
SCHEDULED HEARING
11The Parties advised that a 10-day Hearing is sought to hear the merits of the appeal; however, they indicated that eight or nine days would suffice.
12The Tribunal advised that eight (8) days are available for the Hearing of the merits in respect to this matter.
13The 8-day Hearing is scheduled to proceed by video, commencing at 10 a.m. Wednesday, October 16, 2024 and concluding Friday, October 25, 2024 at 5:00 p.m.
14Parties and Participants are asked to log in to 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/914098901
Access code: 914-098-901
15Parties 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
16Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling in to an audio-only telephone line: +1 (647) 497-9373 or Toll-Free 1-888-299-1889. The access code is 914-098-901.
17Individuals 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 Video Hearing 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.
ORDER
18The Tribunal so orders and provides the above directives for the purposes of the Case Management of these proceedings.
“Kurtis Smith”
KURTIS SMITH
MEMBER
Ontario Land Tribunal
Website: www.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 (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.