Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 17, 2025
CASE NO(S).: OLT-24-000999
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant: Rudanco Inc.
Subject: Zoning By-law
Description: ZBA to propose an apartment dwelling consisting of two towers, with 812 residential units
Reference Number: AM-2022-021 By-law No. 2024-68
Property Address: Part Lot 175 Portage Road
Municipality/UT: Niagara Falls/Niagara
OLT Case No: OLT-24-000999
OLT Case Name: Rudanco Inc. v. Niagara Falls (City)
Heard: January 14, 2025 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Rudanco Inc. (“Appellant”) | Calvin Lantz |
| City of Niagara Falls (“City”) | Paul DeMelo |
MEMORANDUM OF ORAL DECISION DELIVERED BY ERIC S. CROWE ON JANUARY 14, 2025 AND ORDER OF THE TRIBUNAL
1This is the first Case Management Conference (“CMC”) regarding the Appellant’s appeal of a decision by City Council to pass Zoning By-law Amendment (“ZBLA”) No. 2024-068 pursuant to Subsection 34 (19) of the Planning Act. The lands are municipally known as Part Lot 175 Portage Road in the City of Niagara Falls (“Subject Lands”).
2The Appellant submitted applications for Official Plan (“OP”) and ZBLA to develop the property with an apartment dwelling with two towers with maximum building heights of 38 and 29 storeys consisting of 812 dwelling units.
3On August 13, 2024, City Council adopted OP amendment No. 169 and passed ZBLA No. 2024-068 in approval of the applications.
4The Appellant is supportive of City Council’s decision to approve the applications, it is concerned with the provisions in the ZBLA that introduce a three (3) year sunset clause, automatically reversing the Property’s zoning if a Site Plan Agreement is not executed or a Draft Plan of Condominium is not approved to the satisfaction of the City within three years.
5At the CMC, the Tribunal canvassed Counsel, who confirmed that there were no issues with the service of the Notice of CMC. The Tribunal is in receipt of the Affidavit of Service sworn by Ellen Roupas on December 11, 2024, which was marked as Exhibit 1, and confirms that Notice was adequately served. No further notice is required.
REQUESTS FOR STATUS
6There were no requests for Party or Participant status.
UPDATES
7The Parties requested a second CMC in these proceedings and that both matters be adjourned for six (6) months so that they may come to a resolution with the City.
8The Parties noted that case OLT-24-000967 which is scheduled for a Merit Hearing on March 7, 2025 has the same Parties with similar legal and planning issues including the sunset clause. The Parties advised that they will be requesting to adjourn that matter and schedule it with this matter to be eventually consolidated.
9In view of the foregoing, the Tribunal concurs that it is appropriate to schedule a second CMC of the Appeals to take place as detailed below. In the event that there is no settlement, at the next CMC, it would also allow for a consolidation of this matter with OLT-24-000967 and the setting of Hearing dates.
10The CMC is scheduled to proceed by video on Tuesday, June 3, 2025, commencing at 10 a.m.
11The Parties and/or Participants are asked to log in to the event at least 15 minutes before it begins to test their video and audio connections:
GoTo Meeting: https://global.gotomeeting.com/join/656004293
Access code: 656-004-293
12Parties and/or 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.
13Persons who experience technical difficulties accessing the GoTo Meeting application or who only wish to listen to the event can connect to it by calling in to an audio-only telephone line: +1-647-497-9373 or (toll-free) 1-888-299-1889. The access code is: 656-004-293.
14Individuals 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 event to ensure that they are properly connected at the correct time. Questions prior to the event may be directed to the Tribunal’s Case Coordinator.
MEDIATION
15The Parties were encouraged to request, through the Case Coordinator, Tribunal-facilitated mediation to assist with settlement discussions should the Parties deem it potentially helpful in this regard.
ORDER
16THE TRIBUNAL ORDERS as follows:
(a) A second CMC of the Appeals is scheduled to take place on Tuesday, June 3, 2025 at 10 a.m. by video;
(b) No further Notice is required; and,
(c) The Member is not seized but will remain available for continued case management to the extent that the Tribunal calendar permits.
“Eric S. Crowe”
ERIC S. CROWE
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.