Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 16, 2024
CASE NO(S).: OLT-23-001119
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Lucchetta Builders Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit the development of a 3-Storey Condominium with 24 Residential Units
Reference Number: PB-2023-22
Property Address: 368 Aqueduct Street and 155 Gadsby Avenue
Municipality/UT: Welland/Niagara
OLT Case No: OLT-23-001119
OLT Lead Case No: OLT-23-001119
OLT Case Name: Lucchetta Builders Inc. v. Welland (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Reference Number: PB-2023-22
Property Address: 368 Aqueduct Street and 155 Gadsby Avenue
Municipality/UT: Welland/Niagara
OLT Case No: OLT-23-001118
OLT Lead Case No: OLT-23-001119
Heard: February 12, 2024 by video hearing (“VH”)
APPEARANCES:
| Parties | Counsel |
|---|---|
| Lucchetta Builders Inc. (“Appellant / Applicant”) | Brian Duxbury |
| City of Welland (“City”) | Alex Hobbs |
| Robert Parent | Tom Richardson |
MEMORANDUM OF ORAL DECISION DELIVERED BY K.R. ANDREWS ON February 12, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) respecting an appeal by Lucchetta Builders Inc. The appeal arises following a non-decision concerning applications for an Official Plan Amendment and Zoning By-law Amendment to permit the construction of a three-storey condominium building with 24 residential units at the property municipally known as 368 Aqueduct Street and 155 Gadsby Avenue in the City.
Service of Notice of CMC
2There is no issue with service of the Notice of this CMC, and so no further notice is required. The Tribunal is in receipt of the Affidavit of Service, which is marked as Exhibit 1.
Requests for Status
3Counsel for Robert Parent attended the CMC seeking Party status. The Tribunal was informed that Mr. Parent is an area resident who intends to participate fully in the proceedings, as he has done so throughout the municipal process up to this point. His commitment to participate fully is reflected in the fact that he has retained counsel, as well as an ecologist who he intends to call as an expert witness, and that he plans to call a number of lay-witnesses. None of the existing parties opposed his request for Party status
4The Tribunal finds that Mr. Parent has a genuine interest in the matter and is expected to adequately fulfill the role and obligations of a Party. Consequently, Mr. Parent is granted Party status.
5Scott Sutton, Deanna Milne and Susan Sommerville also attended the CMC, all of whom are seeking participant status. Mr. Sutton and Ms. Milne explained that they are area residents, while Ms. Sommerville explained that her family transferred some of the land (now proposed for development) to the City for use as a park, but which was later sold by the City to the Applicant. None of the parties opposed their requests for Participant status.
6The Tribunal finds that all of the prospective participants have a genuine interest in the matter and, consequently, granted all of them participant status. The Tribunal made it clear that they are required to submit their participant statements to the Tribunal, subject to the order below.
7No one else attended the CMC seeking either Party or Participant status.
MEDIATION AND SETTLEMENT
8The Tribunal explored the possibility of mediation and settlement with the parties. The parties explained that it is still very early in the proceedings, and the City has only recently indicated its position on the matter. As a result, they have not yet had meaningful resolution discussions, but they expect to have such discussions in the near future.
PROCEDURAL ORDER AND ISSUES LIST
9The Tribunal received and reviewed a very rudimentary draft Procedural Order (“PO”) from the Applicant, with no issues list. The Tribunal was informed that, for the same reason that the parties have not yet had meaningful settlement discussions, they have not yet had discussions about an issues list. However, the parties confirmed that they all expect to be able to work together to get a final draft PO to the Tribunal soon for consideration.
10Given that the parties are all represented by experienced counsel, the Tribunal is content to receive a draft PO from the parties subject to the order below.
HEARING
11Upon request of the Parties, the Tribunal set a seven-day hearing commencing on Tuesday, November 12, 2024, at 10 a.m. by video hearing. The Tribunal notes that it will not sit on November 18-19, 2024, so the hearing will finish on Friday, November 22, 2024. No further Notice is required for the hearing.
12Parties 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/344779885
Access code: 344-779-885
13Parties 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
14Persons 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 as indicated above.
15Individuals 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.
ORDER
16The Tribunal Orders that:
The date and particulars of the hearing are set out above;
Robert Parent is granted Party status;
The following are granted Participant status:
Scott Sutton;
Deanna Milne; and
Susan Sommerville
The above-named participants shall file their respective participant statements no later than Monday, February 26, 2024, if they have not done so already; and
The parties will file a draft Procedural Order with the Tribunal no later than Friday, March 15, 2024;
17The Member is not seized but may be spoken to through the Case Coordinator if any issues arise.
“K.R. Andrews”
K.R. ANDREWS
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.