du territoire
Ontario Land Tribunal
Tribunal ontarien de l’aménagement
ISSUE DATE: May 14, 2025
CASE NO(S).: OLT-24-000905
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Paul Peter and Gayle Amy Tries
Subject: Application to amend the Zoning By-law – Refusal of application
Description: To permit the development of a three-storey on-street townhouse dwelling with five units
Reference Number: AM-2021-026
Property Address: 3897 Welland Street
Municipality/UT: Niagara Falls/Niagara
OLT Case No.: OLT-24-000905
OLT Lead Case No.: OLT-24-000905
OLT Case Name: Tries v. Niagara Falls (City)
Heard: May 05, 2025, by Video Hearing
APPEARANCES:
Parties
Counsel
Paul Peter & Gayle Amy Tries (“Appellant”)
R. Vacca
City of Niagara Falls (“City”)
N. Punyarthi
MEMORANDUM OF ORAL DECISION DELIVERED BY D. CHIPMAN ON MAY 5, 2025, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Tribunal convened a Case Management Conference (“CMC”) in respect of appeal filed by Paul Peter & Gayle Amy Tries (“Appellant”) for a Zoning By-law Amendment (“ZBA”) under section 34 (11) of the Planning Act, R.S.O. 1990, c. P.13, as amended (the “Act”) resulting from the refusal of the applications by City of Niagara Falls (“City”) for lands municipally known as 3897 Welland Street (“Subject Lands”) in the City.
2The Appellant proposes a residential development on the Subject Lands. The current designation permits various residential uses, including on-street townhouse dwellings, and a maximum density of 40 units per hectare. The property is zoned Residential Two (R2) Zone in accordance with Zoning By-law No. 79-200. The application proposes to rezone the property to a site-specific Residential Mixed (R3) Zone to permit the proposed on-street townhouse dwellings and reductions to the rear yard depth.
3This being the first CMC, it was confirmed that adequate Notice for this matter had been provided, and no further Notice was required.
4At the commencement of the hearing event and in the absence of any opposition from the Parties, having received no status requests and without the appearance of anyone in opposition, the Tribunal converted the Case Management Conference hearing to consider a settlement proposal pursuant to Rule 17.5 of the Tribunal’s Rules of Practice and Procedure.
SETTLEMENT HEARING
5Uncontested planning evidence and opinion to support the revised ZBA was provided by Minh Tuan (Jeremy) Tran. Mr. Tran is a Registered Professional Planner and a full member of the Canadian Institute of Planners and the Ontario Professional Planners Institute and was qualified by the Tribunal to provide expert land use planning evidence.
6Mr. Tran advised the Tribunal that an Official Plan Amendment was no longer required, since the proposed density in the revised 2024 Proposal conforms with the relevant policies in the City’s Official Plan (“OP”).
7Mr. Tran provided a comprehensive contextual and planning rationale in support of the Proposed Development.
8He testified that the requested ZBA, as revised pursuant to the settlement agreement, warrants approval on the following grounds:
The proposed residential use is compatible with the adjacent land uses.
The proposed development will provide an opportunity for residential intensification in the Built-up Area and will make efficient use of the existing services and infrastructure.
The proposed development increases the housing supply and diversifies the existing housing stock of the immediate area and the City.
The proposed development adopts an innovative housing form that is able to accommodate a higher density while maintaining a compatible built form with the surrounding low-rise properties;
The proposal’s site layout and design improves the building relationship with the adjacent public realm, promotes overall land-use and energy efficiency and ensures the built form is compatible with the scale and character of the immediate surrounding.
There is a diverse mix of land uses (commercial, institutional and recreational) in the vicinity of the Subject Lands. The proposed development, therefore, contributes to the achievement of complete communities, enables future residents to live close to work and supports nearby businesses.
The proposed development makes efficient use of the existing and planned nearby active transportation infrastructure, including transit and bike lanes. In turn, these services enable future residents to opt for alternative modes of transportation and reduce their reliance on automobiles;
The proposed Zoning By-law Amendment conforms with the City’s OP outlining criteria to consider when reviewing an increase in density and does not represent an undue concentration of density and facilitates a higher-density residential development that optimizes valuable land resources within the built-up area while maintaining a positive public/private interface and compatible built form with the surrounding uses.
9Based on the uncontradicted evidence the Tribunal finds that the Zoning By-law Amendment (“ZBA”) is consistent with the Provincial Planning Statement 2024, conforms to the Region of Niagara OP and the City OP and is in keeping with applicable policies and guidelines of the Province of Ontario and the City of Niagara Falls.
10The Tribunal is satisfied that the proposed development through the ZBA represents an efficient use of land, resources, and infrastructure, and it achieves important local and provincial policy objectives.
11Further, the Tribunal is satisfied that the Settlement reached by the Parties is fair and reasonable and that the resulting ZBA represents good planning in the public interest. The Tribunal commends the Parties in working collaboratively in order to reach a settlement in these proceedings.
ORDER
12THE TRIBUNAL ORDERS that the appeal is allowed and By-Law No. 79-200 is hereby amended as set out in Attachment 1 (Exhibit “G” of the Affidavit of Minh Tuan (Jeremy) Tran), to this Order. The Tribunal authorizes the municipal clerk of the City of Niagara Falls to assign a number to this by-law for record keeping purposes.
“D. Chipman”
D. CHIPMAN
MEMBER
Ontario Land Tribunal
Website: 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.
ATTACHMENT 1