Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 22, 2025
CASE NO(S).: OLT-24-000444
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant: Upper Canada Consultants
Appellant: 1454417 Ontario Ltd.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit a street townhouse development and a mixed-use apartment development.
Reference Number: OPA 48
Property Address: 44 Heron Street
Municipality: Welland
OLT Case No.: OLT-24-000444
OLT Lead Case No.: OLT-24-000444
OLT Case Name: 1454417 Ontario Ltd. V. Welland (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant: Upper Canada Consultants
Appellant: 1454417 Ontario Ltd.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit a street townhouse development and a mixed-use apartment development.
Reference Number: 2023-48
Property Address: 44 Heron Street
Municipality: Welland
OLT Case No.: OLT-24-000445
OLT Lead Case No.: OLT-24-000444
Heard: January 13, 2025 in Writing
APPEARANCES:
| Parties | Counsel |
|---|---|
| 1454417 Ontario Ltd. | Tom Hanrahan Patrick Mahoney (in absentia) |
| City of Welland | Callum Shedden |
DECISION DELIVERED BY SHARON L. DIONNE AND ORDER OF THE TRIBUNAL
Link to Final Order
INTRODUCTION
1The matter before the Tribunal is a settlement of appeals filed by 1454417 Ontario Ltd. (“Appellant”) in respect of the City of Welland’s refusal of its requested amendments to the Official Plan and the Zoning By-law of the City of Welland, pursuant to s. 22(7) and 34(11) of the Planning Act, R.S.O. 1990, c.P.13 (“Act”), respectively. The affected lands are municipally known as 44 Heron Street (“Subject Property”).
2The Parties have reached a settlement with respect to the proposed development on the Subject Property, and at their request the Tribunal has scheduled a written hearing on the appeals.
EVIDENCE AND ANALYSIS
3The Tribunal confirms that it has received, reviewed and considered the uncontested opinion evidence of William Heikoop, a registered professional land use planner and member of both the Canadian Institute of Planners and the Ontario Professional Planners Institute, contained in his comprehensive Affidavit sworn on December 24, 2024, and marked as Exhibit 1.
4The “Settlement Proposal” includes a revised proposal for the development of the Subject Property as two sites. Site 1 proposes a seven-storey mixed-use building containing approximately 827 square metres of commercial space on the ground floor and 76 residential apartment dwellings on the second through seventh floors, as shown in Exhibit 1, Exhibit “H”. The proposal has been revised to increase the amount of commercial space, decrease the number of units, increase on-site parking, and implement a step-back of the seventh floor on the south side of the building. No revisions have been made to Site 2, which proposes 25 townhouse dwellings. The Tribunal is advised that these revisions have been made to address concerns expressed by the Public and City Council.
5To permit the Settlement Proposal, an amendment to the Official Plan (“OPA”) is required specifically for Site 1, and the draft OPA found in Exhibit 1, Exhibit “I”, proposes to redesignate the Site 1 portion of the Subject Property (only) from “Medium Density Residential – OPA Site Specific Policy Amendment” to “High-Density Residential”. A site-specific amendment to the City of Welland Zoning By-law No. 2017-17 (“ZBLA”) is also required to permit the Settlement Proposal, and the Draft ZBLA is found in Exhibit 1, Exhibit J.
6The Tribunal accepts and relies upon the expert opinion of William Heikoop as presented in his Affidavit and similarly finds that the Settlement Proposal has merit in that it will provide additional housing supply, along with additional neighbourhood commercial space while providing opportunities for local businesses and services and added convenience for residents. Additionally, the step-back on the south side of the building will improve the interface with the existing residential area, reducing shadowing and overlook and protecting privacy. The additional parking will enhance convenience for residents, visitors and patrons and will assist with the overall sustainability of the development.
7The Tribunal finds that the Settlement Proposal, draft OPA, and draft ZBLA are consistent with the Provincial Planning Statement, 2024 (“PPS 2024”), conform with the Region of Niagara Official Plan, and are in keeping with, and/or in the case of the ZBLA conforms with, the City of Welland Official Plan. The Tribunal also finds that the Settlement Proposal, draft OPA, and draft ZBLA have appropriate regard for matters of provincial interest, are in the public interest and represent good planning. The Tribunal makes its findings considering that the Settlement Proposal has been endorsed by the City.
8The Tribunal finds that the Draft OPA and Draft ZBLA, as appended to the Affidavit (Exhibit 1) as Exhibits I and J, respectively, should be approved.
ORDER
9THE TRIBUNAL ORDERS THAT:
(a) The appeals are allowed;
(b) The Official Plan for the City of Welland is amended as set out in Attachment 1 to this Order; and
(c) The Zoning By-law No. 2017-17 of the City of Welland is amended as set out in Attachment 2 to this Order.
10In all other respects, the appeals are dismissed.
“Sharon L. Dionne”
SHARON L. DIONNE
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.
ATTACHMENT 1
ATTACHMENT 2