Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
CORRECTION NOTICE
OLT CASE NO(S).:
OLT-24-001089
DECISION ISSUE DATE(S):
January 28, 2025
CORRECTION NOTICE ISSUE DATE:
February 5, 2025
RE: Montemurro v. Fort Erie (Town)
Correction to: Typo in the Title Line
Originally:
MEMORANDUM OF ORAL DECISION DELIVERED BY GREGORY J. INGRAM ON JANUARY 17, 205 AND ORDER OF THE TRIBUNAL
Corrected to:
MEMORANDUM OF ORAL DECSION DELIVERED BY GREGORY J. INGRAM ON JANUARY 17, 2025 AND ORDER OF THE TRIBUNAL
“Euken Lui”
EUKEN LUI
REGISTRAR
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.
Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
January 28, 2025
CASE NO(S).:
OLT-24-001089
PROCEEDING COMMENCED UNDER subsection 22(6.2) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant:
Carlo Montemurro
Applicant:
2580749 Ontario Inc. O/A Warm Homes and Niagara Regional Mortgage Services
Subject:
Motion for Directions: Re: Complete Application
Description:
Motion for Completeness: Official Plan - residential fourplex
Property Location:
1Burns Place
Municipality/UT:
Fort Erie/Niagara
OLT Case No.:
OLT-24-001089
OLT Lead Case No.:
OLT-24-001089
OLT Case Name:
Montemurro v. Fort Erie (Town)
PROCEEDING COMMENCED UNDER subsection 34(10.5) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant:
Carlo Montemurro
Applicant:
2580749 Ontario Inc. O/A Warm Homes and Niagara Regional Mortgage Services
Subject:
Motion for Directions: Re: Complete Application
Description:
Motion for Completeness: Official Plan - residential fourplex
Property Location:
1 Burns Place
Municipality/UT:
Fort Erie/Niagara
OLT Case No.:
OLT-24-001090
OLT Lead Case No.:
OLT-24-001089
OLT Case Name:
Montemurro v. Fort Erie (Town)
PROCEEDING COMMENCED UNDER subsection 9(1) of the Ontario Land Tribunal Act, 2021, S.O. 2021, c. 4, Sched. 6
Requested by:
Carlo Montemurro, 2580749 Ontario Inc. O/A Warm Homes and Niagara Regional Mortgage Services
Request for:
Request for Directions
Heard:
January 17, 2025 by video hearing
APPEARANCES:
Parties
Counsel
Carlo Montemurro (“Applicant”)
Raj Kehar
Town of Fort Erie (“Town”)
Callum Shedden (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY GREGORY J. INGRAM ON JANUARY 17, 205 AND ORDER OF THE TRIBUNAL
Link to Order
INTRODUCTION
1This is a Motion for Determination proceeding brought by Carlo Montemurro/ 2580749 Ontario Inc. (the “Applicant”) before the Ontario Land Tribunal (the “Tribunal”) requesting that applications for an Official Plan Amendment (“OPA”) and Zoning By-law Amendment (“ZBA”) submitted to the Town of Fort Erie (“Town”) for the property known municipally as 1 Burns Place (“Subject Property”) on September 10, 2024, be deemed complete.
2The Applicant submits that all applicable information and materials required by sections 22 (4), 22 (5), 34 (10.1) and 34 (10.2) of the Planning Act (“Act”) have been provided to the Town with respect to the OPA and ZBA Applications (“Applications”) and that the Town is not permitted under the Act to require the following information and materials:
i. Resolution of the Heritage Act Appeal by the OLT prior to deeming the OPA and ZBA Application complete.
ii. A Peer Review of the Heritage Impact Assessment.
iii. Completion of a Comprehensive Servicing Study, Environmental Planning Study and a Neighbourhood Plan.
iv. Fee in the amount of $3, 360.00 to complete a Peer Review of the Functional Servicing Report.
v. Turning radius templates and calculations.
vi. Waste collection details including a Waste Collection Plan
BACKGROUND
3The Subject Property is 1.564 hectares, has a single-detached dwelling, a separate garage and a fenced-in asphalt tennis court and is designated Low Density Residential in the Town’s Official Plan. The Township passed a Designation By-law deeming the Subject Property to be of cultural heritage value or interest on October 22, 2022.
4Consultations regarding a ZBA and Draft Plan of Condominium began with the Town in February 2023 and resulted in the completion of a pre-consultation agreement.
5In September 2024, OPA and ZBA applications were filed with the Town to facilitate land use planning approvals for a 38-unit development on the Subject Lands. Submissions of a Draft Plan of Condominium or Site Plan Applications were not submitted.
6The Applicant submitted the OPA and ZBA applications, applicable fees and the following materials on September 5, 2024, to the Town who considers September 10, 2024 the date of submission:
i. A copy of the Pre-Consultation Agreement;
ii. Planning Justification Report including justification related to the requirement for a Environmental Planning Study and Neighbourhood Plan justification;
iii. Functional Servicing Report including Stormwater Management Plan;
iv. Environmental Impact Technical Memorandum;
v. Terms of Reference;
vi. Tree Inventory and Preservation Plan Report;
vii. Tree Inventory and Preservation Plan Sheet 1;
viii. Compatibility and Mitigation Study;
ix. Heritage Impact Study;
x. Landscape Plan;
xi. Transportation Brief;
xii. Architectural Plans including elevations, rendering and floor plans; and
xiii. Site Plan.
7The Applicant received a Notice of Incomplete Application on October 8, 2024, which identified the issues listed in paragraph [2] above as reasons for the Town’s decision.
8On October 31, 2024, the Applicant submitted a Notice of Motion and on January 16, 2025, the Tribunal was informed that the Town “is not opposed to the motion for complete application and will not be providing any materials.”
MOTION HEARING
9The materials before the Tribunal are:
Exhibit 1: Notice of Motion circulated on November 26, 2024
Exhibit 2: Motion Record – Applicant
Exhibit 3: Book of Authorities of Carlo Montemurro/2580749 Ontario
Exhibit 4: Callum Shedden Email of January 16, 2025
10Counsel for the Applicant provided uncontested submissions related to the process outlined above and referred the Tribunal to the uncontested written Affidavit of William Heikoop, who is a full member of the Canadian Institute of Planners and a Registered Professional Planner in Ontario, in support of the position outlined in the Notice of Motion.
11Planner Heikoop opines that a municipality may only require information that is required under the regulations of the Act and those stipulated under section 13.15 of the Town’s Official Plan. The Planner proffers that this provides “clarity and certainty” for an Applicant when applying to a municipality for redevelopment proposal.
12Planner Heibkoop reviewed each of the reasons provided by the Town for deeming the Applications incomplete and opines that they are either inappropriate or unnecessary. The Planner opines that the OPA and ZBA was complete when submitted to the Town in September 2024.
13The Tribunal is satisfied given the submissions from Counsel, the written Affidavit planning evidence of Planner Heikoop, and the Town’s indication that it is not opposed to the Motion, that the Applications meet the requirements of the Act, the Town’s Official Plan and are complete.
COSTS
14Counsel for the Applicant indicated it may seek costs in the future with respect to this case. Counsel indicated that the late response by the Town to the Notice of Motion was concerning given that they didn’t also issue a letter deeming the applications complete considering the message received and included as Exhibit 4.
15The Tribunal directs Counsel to Rule 23 of the Tribunal’s Rules of Practice and Procedure should an award of costs be pursued.
ORDER
16UPON MOTION to the Tribunal by Carlo Montemurro/2580749 Ontario Inc. for Determination and after the hearing of the Motion,
THE TRIBUNAL ORDERS THAT the Motion for Determination brought by Carlo Montemurro/2580749 Ontario Inc. is granted, and the Tribunal provides the following Directions for the purposes of this appeal before the Tribunal:
The combined Official Plan and Zoning By-law Amendment applications with respect of the property known municipally as 1 Burns Place in the Town of Fort Erie are deemed complete.
All applicable information and materials required by subsections 22 (4), 22(5), 34 (10.1) and 34 (10.2) of the Planning Act have been provided to the Town of Fort Erie by the Applicant with respect to the Official Plan Amendment and Zoning By-law Amendment applications and the additional information, materials or fees listed in paragraph [2] above are not required.
“Gregory J. Ingram”
GREGORY J. INGRAM
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.