Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 20, 2023
CASE NO(S).: OLT-23-000275
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: KRS Holdings Fort Erie
Subject: Application to amend the Zoning By-law –Appeal of decision
Description: To facilitate the development of a commercial refueling station for transport trucks
Reference Number: 350309-0516
Property Address: 13365 Pettit Road
Municipality: Town of Fort Erie
OLT Case No.: OLT-23-000275
OLT Lead Case No.: OLT-23-000275
OLT Case Name: KRS Holdings Fort Erie v. Fort Erie (Town)
Heard: July 12, 2023 by video hearing
APPEARANCES:
| Parties | Counsel/Representative* |
|---|---|
| 2794857 Ontario Inc. (KRS Holdings) | M. Cara J. Reyes |
| Town of Fort Erie | D. Jubb |
| Molto Bello Investments Inc. | G. Bifolchi* |
MEMORANDUM OF ORAL DECISION DELIVERED BY S. BRAUN ON JULY 12, 2023 AND ORDER OF THE TRIBUNAL
1This was the first Case Management Conference (“CMC”) held to organize an appeal by 2794857 Ontario Inc. (KRS Holdings) (“Applicant”/”Appellant”) against the decision of the Town of Fort Erie (“Town”) to refuse an application for a zoning by-law amendment in relation to the property located at 13365 Pettit Road (“subject site”). The Applicant proposes to redevelop the subject site, which is currently vacant, with a card-lock commercial refuelling station, intended to provide immediate access for transport trucks traveling along the Queen Elizabeth Way, which is located adjacent to the subject site.
2The Tribunal received a sworn Affidavit of Service dated June 23, 2023, confirming that Notice of this CMC was properly given and, as such, no further notice will be required.
3In response to the Notice, the Tribunal received one request for Party Status from Gino Bifolchi on behalf of Molto Bello Investments Inc. (“Molto Bello”), which owns property adjacent to the subject site. Mr. Bifolchi is concerned that the development of the subject site as proposed will have adverse impacts upon the Molto Bello property and any future development thereof, including but not limited to traffic impacts and increased costs associated with any upgrades to the road network which might be required as a result of increased traffic generated by the proposed development. Having been satisfied that Molto Bello has a direct interest in the matter, will be affected by the decision and will assist the Tribunal in making its decision, the Tribunal granted this request for Party status with the consent of the other Parties. Mr. Bifolchi agreed to provide a list of Molto Bello’s issues for the hearing to the other Parties on or before August 4, 2023.
4As the Tribunal did not receive any other Party or Participant status requests and no other individuals appeared at the CMC to request status of any kind, the appeal will accordingly proceed with the involvement of the Appellant, the Town and Molto Bello.
5The Tribunal canvassed opportunities for settlement, including the use of Tribunal-assisted mediation. Counsel for the Town, Ms. Jubb, indicated that she has only recently taken over full carriage of the file from Leigh Whyte, who is an external planner hired by the Town. Counsel for the Applicant advised that informal settlement discussions have been ongoing for some time and are expected to continue with Ms. Jubb and Molto Bello. The Parties expressed optimism that such discussions could lead to a resolution of the appeal without the need for a contested hearing.
6In light of the foregoing, the Parties requested the Tribunal schedule a second CMC toward the end of 2023 to allow time for those discussions to continue and, if necessary, for the Parties to explore more formal processes such as Tribunal-led mediation. They indicated that they would either request the CMC be converted into a settlement hearing or alternatively, would use the time to present a draft Procedural Order (“PO”) and Issues List (“IL”) which includes the issues of Molto Bello and set the matter down for a hearing.
7A second CMC will proceed by way of video hearing at on November 16, 2023, at 10 a.m.
8Parties 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:
GoTo Meeting: https://global.gotomeeting.com/join/519389173
Access Code: 519-389-173
9Parties 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.
10Persons 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: (Toll Free): 1-888-299-1889 or +1 (647) 497-9373. The access code is 519-389-173.
11Individuals 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 CMC 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.
12In the interest of ensuring that the next hearing event be as productive and efficient as possible, should the Parties be unable to reach a settlement, they are expected to submit to the Tribunal a draft PO and IL no later than November 14, 2023, and arrive at the CMC ready to schedule the matter for a hearing.
13The Tribunal inquired as to whether there were any other matters to be addressed which might assist in the fair, just and expeditious resolution of this matter. The Parties indicated there were none.
ORDER
14The Tribunal orders as follows:
a) Molto Bello Investments Inc. is a Party to this proceeding;
b) The change in representative for the Town of Fort Erie is confirmed;
c) A second Case Management Conference is scheduled to commence on November 16, 2023, at 10 a.m.; and
d) There will be no further notice and this Member is not seized, but may be available for the purposes of case management if the Tribunal’s calendar permits.
“S. Braun”
S. Braun
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.