Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: January 28, 2025

CASE NO(S).: OLT-24-000996

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: 2592693 Ontario Inc. Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: To permit the development of a mixed-use development comprised of 185 single detached dwellings Reference Number: OPA-20-0018 Property Address: 6000 Marineland Parkway Municipality/UT: Niagara Falls OLT Case No.: OLT-24-000996 OLT Lead Case No.: OLT-24-000996 OLT Case Name: 2592693 Ontario Inc. v. Niagara Falls (City)

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: 2592693 Ontario Inc. Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit the development of a mixed-use development comprised of 185 single detached dwellings Reference Number: ZBLA AM-2020-005 Property Address: 6000 Marineland Parkway Municipality/UT: Niagara Falls OLT Case No.: OLT-24-000997 OLT Lead Case No.: OLT-24-000996

PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: 2592693 Ontario Inc. Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision Description: To permit the development of a mixed-use development comprised of 185 single detached dwellings Reference Number: 26T-11-2020-001 Property Address: 6000 Marineland Parkway Municipality/UT: Niagara Falls OLT Case No.: OLT-24-000998 OLT Lead Case No.: OLT-24-000996

Heard: January 17, 2025 by Video Hearing

APPEARANCES:

Parties	Counsel
2592693 Ontario Inc. ("Applicant")	D. Baker
City of Niagara Falls ("City")	P. DeMelo
Chemtrade Logistics Inc. ("Chemtrade")	E. Barz
Niagara South Vacant Land Condominium Corporation No. 118 ("NSVLCC")	E. Davis
Salit Steel (Standley-Zelco Ltd. and Myer Salit Ltd.) ("Salit")	B. Duxbury

MEMORANDUM OF ORAL DECISION DELIVERED BY A. SAUVE ON JANUARY 17, 2025 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This is the first Case Management Conference (“CMC”) of this matter concerning applications to facilitate the development of a mixed-use development comprised of 185 single detached dwellings, 105 to 210 townhouse units, with 105 to 159 dwelling units in medium density residential development in the City of Niagara Falls.

2On March 20, 2020, the Applicant filed applications for an Official Plan Amendment ("OPA"), Zoning Bylaw Amendment ("ZBA"), and Draft Plan of Subdivision for the land known municipally as 6000 Marineland Parkway, Niagara Falls (“Subject Site”). On August 19, 2020, the applications were deemed complete by the City. On October 5, 2021, the applications were amended in response to circulation comments and resubmitted to the City for consideration. The applications were further revised and submitted in May 2024. The City failed to make a decision within the prescribed time period, and as a result, these appeals were filed. The City also failed to hold a public meeting for these applications.

3The Subject Site consists of six irregularly shaped parcels of land known collectively as 6000 Marineland Parkway and is currently known as the Thundering Waters Golf Club. The Subject Site is approximately 64.09 hectares (158 acres) in area. The majority of the Subject Site is currently occupied by the Thundering Waters Golf Course and associated parking area. A Canadian Pacific Railway line runs diagonally northeast to southwest through the Subject Site, together with a municipally owned open sewer known as the ConRail Drainage Ditch.

4An Affidavit of Service for this CMC was filed and is marked as Exhibit 1.

5Counsel for the Applicant had filed a draft Procedural Order and Issues List (“PO”) prior to this CMC, in addition to a draft itinerary for this event, and had been in contact with other counsel to enquire about issues and the potential for Tribunal led Mediation.

6Concerning Tribunal led Mediation, the Parties are aware and will discuss between themselves if they wish to pursue it. The Case Coordinator will assist them if necessary.

PARTICIPANT AND PARTY STATUS REQUESTS

7The Tribunal received two requests for Participant status from Frank Matozzo and Rich Brady, both of whom are nearby residents who have an interest in these applications. Participant status was granted to both individuals on consent.

8The Tribunal also received six requests for Party status:

1. Chemtrade – Their operations are in close proximity to the Subject Site, they have an interest in the matter, and will assist in adjudicating the issues effectively. Party status was granted on consent.
2. Mancuso Chemicals Ltd. – They did not appear. Party status was not granted.
3. NSVLCC – This corporation represents the interests of a neighbouring residential development. The Applicant contested this request as a detailed Issues List was not received and the potential interests identified align with the City’s issues. NSVLCC argued that they did provide a generalized Issues List in their Party Status Request Form. The Tribunal found that they do have an interest and will assist in adjudicating the issues effectively. Party status was granted.
4. Joe Mrozek – Mr. Mrozek is a retired planner who lives in the same residential community as is being represented by NSVLCC. Mr. Mrozek was prepared to provide evidence himself at a hearing but would not be calling any witnesses. This Party status request was opposed by the Applicant. The Tribunal found that his interests are enveloped with NSVLCC, and that he can raise issues through them. Party status was not granted. Participant status was offered and was granted.
5. Salit – This entity is comprised of two separate companies, Standley-Zelco Ltd. and Myer Salit Ltd. Both are represented by the same counsel and have the same interests, as both companies are neighbouring the Subject Site. On consent, Party status was granted as the Tribunal found that they do have an interest and will assist in adjudicating the issues effectively.
6. Washington Mills – A representative of the company, Sandro Borghesi, appeared and advised that they have retained counsel but are not familiar with the practices and procedures of the Tribunal. Mr. Borghesi was not aware of the role and importance of a CMC and did not know he should have informed counsel of this date. This Party status request was deferred for Mr. Borghesi to have counsel contact the Parties and attend at the next CMC.

NEXT STEPS

9The Tribunal directs as follows:

1. The following have been added as Participants: a. Frank Matozzo; b. Rick Brady; and c. Joe Mrozek.
2. The following have been added as Parties: a. Chemtrade; b. NSVLCC; and c. Salit.
3. A second CMC was scheduled for Friday, February 14, 2025 for the final Party status request to be decided and a draft PO to be submitted for the Tribunal’s approval.
4. NSVLCC is to provide an Issues List to the Applicant by Friday, January 31, 2025.
5. A draft PO and Issues List is to be submitted to the Tribunal by Friday, February 7, 2025.
6. A 15-day Merit Hearing was scheduled for Monday, June 9, 2025 to Monday, June 30, 2025. The Tribunal is not sitting on Monday, June 16, 2025.

10The Hearings are scheduled to proceed by video as follows:

Friday, February 14, 2025 at 10 a.m. (one-day CMC) GoTo Meeting: https://global.gotomeeting.com/join/979388733 Access code: 979-388-733 Audio-only telephone line: +1-647-497-9373 or (toll-free) +1-888-299-1889 Audio-only access code: 979-388-733

Monday, June 9, 2025 at 10 a.m. (15-day Merit Hearing) GoTo Meeting: https://meet.goto.com/348282861 Access code: 348-282-861 Audio-only line: +1-647-497-9373 or (toll-free) +1-888-299-1889 Audio-only access code: 348-282-861

11Parties, Participants, and Observers are asked to log in to the event at least 15 minutes before the start of the event to test their video and audio connections.

12Parties and 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 the event by calling into an audio-only telephone line.

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.

ORDER

15THE TRIBUNAL ORDERS its directions in this Decision.

16The Member is not seized but may be spoken to if there are difficulties satisfying its direction in this Decision.

“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.