Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 15, 2024
CASE NO(S).: OLT-22-002220
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, C. P. 13, as amended
Appellant: Crystal Beach Tennis & Yacht Club
Appellant: 3101669 Nova Scotia Company, 1609652 Ontario Ltd. & Rose DiRenzo
Appellant: Marz Homes (Crystal Beach) Inc.
Subject: Proposed Official Plan Amendment No. 56
Municipality: Town of Fort Erie
OLT Lead Case No.: OLT-22-002220
OLT Case No.: OLT-22-002220
OLT Case Name: Crystal Beach Tennis & Yacht Club. v. Fort Erie (Town)
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant: Crystal Beach Tennis & Yacht Club
Appellant: 3101669 Nova Scotia Company, 1609652 Ontario Ltd
Appellant: Marz Homes (Crystal Beach) Inc.
Subject: By-law No. BL 144-2021
Municipality: Town of Fort Erie
OLT Case No.: OLT-22-002221
OLT Lead Case No.: OLT-22-002220
Heard: August 12, 2024, by Video Hearing
APPEARANCES:
Parties
Counsel
Crystal Beach Tennis & Yacht Club
Nicholas Macos
3101669 Nova Scotia Company & 100005426 Ontario Inc.
Patrick Maloney Sara Premi (in absentia)
Marz Homes (Crystal Beach) Inc.
Rebecca Locksley
Town of Fort Erie
Callum Shedden
MEMORANDUM OF ORAL DECISION DELIVERED BY G. ROSS and A. Sauve ON AUGUST 12, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Decision and Order relate to the hearing of the sixth Case Management Conference (“CMC”) concerning several Appeals pursuant to s. 17(24) and 34(19) of the Planning Act (“Act”) opposing the decisions of the Town of Fort Erie (“Town”) to adopt Official Plan Amendment No. 56 (“OPA 56”) and Zoning By-Law Amendment No. 144-2021. OPA 56 is also known as the Crystal Beach Secondary Plan, and the lands subject to this amendment cover an approximate area of 359.4 hectares.
UPDATES
2Following the May 3, 2024, CMC, (“May CMC”) the Tribunal was notified in writing that Appellant Rose DiRenzo withdrew her Appeal. At the current CMC, the Parties confirmed that they were notified of the withdrawal.
3At the May CMC, the Tribunal was notified that all other Parties wished to adjourn in order to move forward with the Settlements. That said, the Tribunal only heard from Marz Homes (Crystal Beach) Inc. (“Marz”) that they and the Town had reached a Settlement.
4The Appellants: Crystal Beach Tennis & Yacht Club; 3101669 Nova Scotia Company and 100005426 Ontario Inc. are seeking to amend their development application plans to the satisfaction of the Town. The Crystal Beach Tennis & Yacht Club indicated they required more time for reports to be completed. A subsequent CMC was requested by the Parties.
5The Tribunal, out of an abundance of fairness, agreed with the caveat that if further movement on their files is not provided at the next CMC, hard deadlines will be requested – given the ongoing multi-year length of the Appeals.
NEXT STEPS/ HEARING INFORMATION
6The Town requested that the Marz Appeal be managed as a written Settlement Hearing, noting that it is straight forward and on consent. With no objections by the Parties, the Tribunal concurred and has set a date for the written Settlement Hearing for Thursday, September 26, 2024.The Parties have informed the Tribunal that the Town Planner will be preparing an affidavit in support of the Settlement. The Affidavit shall be submitted to the Tribunal at least ten (10) days prior to the written Settlement Hearing.
7A CMC for the remaining Appeals is scheduled for a half day beginning on Wednesday, November 27, 2024, at 10 a.m.
8The details to access the video hearing are set out below. Parties and Participants are asked to log into the video hearings at least 15 minutes before the start of the event to test their video and audio connections:
GoToMeeting: https://global.gotomeeting.com/join/442599157
Access Code: 442-599-157
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): 1-888-455-1389 or +1 (647) 497-9391.
The Access codes are as indicated above.
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
12THE TRIBUNAL ORDERS THAT:
The Town of Fort Erie and Marz Homes (Crystal Beach) Inc. written Settlement Hearing be scheduled as per para. [6].
A Case Management Conference be scheduled for the remaining Appeals as per para. [7].
13For both above events, the Members are not seized.
14No further notice will be given. The Members will, however, avail themselves to the Tribunal as needed.
“G. Ross”
G. ROSS
MEMBER
“A. SAUVE”
A. SAUVE
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.