Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 28, 2021
CASE NO(S).: PL210123
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Sarah Properties Ltd.
Subject: Request to amend the Official Plan - Failure of the Town of Orangeville to adopt the requested amendment
Existing Designation: Employment Area
Proposed Designated: Low Density Multiple, High Density Residential Special and Neighbourhood Commercial
Purpose: To permit a mixed-used development consisting of 140 bungalow townhouses; three 8-storey apartment buildings containing 270 units; and three 140 squared metres of neighbourhood commercial uses
Property Address/Description: Blocks 62, 63 & 64, Registered Plan 7M-47
Municipality: Town of Orangeville
Approval Authority File No.: OPZ 5/19
LPAT Case No.: PL210123
LPAT File No.: PL210123
LPAT Case Name: Sarah Properties Ltd. V. Orangeville (Town)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Sarah Properties Ltd.
Subject: Application to amend Zoning By-law No. 22-90 - Refusal or neglect of the Town of Orangeville to make a decision
Existing Zoning: General Industrial (M1)
Proposed Zoning: Residential Fifth Density (R5), Multiple Residential High Density (RM2) Zone, Neighbourhood Commercial (C2) Zone, and Open Space – Conservation (OS2) Zone with Special Provisions
Purpose: To permit a mixed-used development consisting of 140 bungalow townhouses; three 8-storey apartment buildings containing 270 units; and three 140 squared metres of neighbourhood commercial uses
Property Address/Description: Blocks 62, 63 & 64, Registered Plan 7M-47
Municipality: Town of Orangeville
Municipality File No.: OPZ 5/19
LPAT Case No.: PL210123
LPAT File No.: PL210124
Heard: October 14, 2021 by video hearing (“VH”)
APPEARANCES:
| Parties | Counsel/Agent* |
|---|---|
| Sarah Properties Ltd. | Patrick Harrington |
| Town of Orangeville | Andrew Biggart |
| Transmetro Limited/Cachet Developments (Orangeville) Inc. | Marisa Keating |
MEMORANDUM OF ORAL DECISION DELIVERED BY K.R. ANDREWS ON October 14, 2021 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the second Case Management Conference (“CMC”) respecting an appeal by the Appellant following the Town’s neglect/failure to render a decision respecting an application for an Official Plan Amendment and a Zoning By-law Amendment for the lands described as Blocks 62, 63, and 64 on Registered Plan 7M-47, to facilitate a mixed-use development of 140 bungalow townhouses, three 8-storey apartment buildings, and three areas of 140 square metres of commercial uses.
Requests for Status
2No one attended the CMC seeking status.
MEDIATION AND SETTLEMENT
3The parties indicated that they are open to settlement, but nothing is imminent.
PROCEDURAL ORDER AND ISSUES LIST
4The Tribunal received and reviewed a draft Procedural Order from the parties. Counsel for the Appellant promised to send a revised copy, reflecting hearing dates set at this CMC, to the Tribunal by October 22, 2021. The Tribunal received it, finds it acceptable, and the proceedings shall be governed by it (see Attachment 1).
HEARING
5Upon request of the parties, the Tribunal set a 3-week hearing commencing on Monday, October 31, 2022 at 10 a.m. by VH, ending on and including Friday, November 18, 2022. The Tribunal notes that no proceeding will take place on Friday, November 11, 2022, and so the hearing consists of 14 actual hearing days during the scheduled 3-week period. No further Notice is required for the hearing.
6Parties and participants are asked to log into the VH at least 15 minutes before the start of the event to test their video and audio connections:
https://global.gotomeeting.com/join/646467445
Access Code: 646-467-445
7Parties 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.
8Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: Toll-Free 1 888 299 1889 or +1 (647) 497-9373. The Access Code is as indicated above.
9Individuals 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 VH to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
ORDER
10The Tribunal Orders that:
The date and particulars of the hearing are set out above;
The Procedural Order appended as Attachment 1 shall govern the proceedings; and
The Member is not seized but may be spoken to through the Case Coordinator if any issues arise.
“K.R. Andrews”
K.R. ANDREWS
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.