Ontario Land Tribunal
Issue Date: October 25, 2021
Case No(s).: PL190402
Proceeding Commenced Under subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Cosmopolitan Homes
Subject: Application to amend Zoning By-law No. 1816-2006 - Refusal or neglect of Prince Edward County to make a decision
Existing Zoning: Residential
Proposed Zoning: Urban Residential
Purpose: To permit a 163-unit residential development
Property Address/Description: 49 and 57 Folkard Lane
Municipality: Prince Edward County
Municipal File No.: Z5-19
OLT Case No.: PL190402
OLT File No.: PL190402
OLT Case Name: Cosmopolitan Homes v. Prince Edward County
Proceeding Commenced Under subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Referred by: Cosmopolitan Homes
Subject: Site Plan
Property Address/Description: 49 and 57 Folkard Lane
Municipality: Prince Edward County
OLT Case No.: PL190402
OLT File No.: PL190403
Heard: October 14, 2021 by video hearing
Appearances
| Parties | Counsel |
|---|---|
| 2596172 Ontario Inc. O/A Cosmopolitan Homes ("Applicant") | L. Scheulderman |
| Prince Edward County ("County") | J. Savini |
Memorandum of Oral Decision Delivered by A. Cornacchia on October 14, 2021 and Order of the Tribunal
Background
1The Tribunal held a second Case Management Conference ("CMC") concerning the Applicant's development proposal for the lands known municipally as 49 and 57 Folkard Lane in the County ("Subject Property").
2The Applicant has appealed the County's failure to deal with its rezoning application and site plan application for the Subject Property within the prescribed statutory time periods.
3The parties updated the Tribunal on the status of their settlement discussions and the preparation of their draft Procedural Order. The parties have focused their efforts on settling this case and have not spent any time on the preparation of a revised draft Procedural Order. The parties requested the Tribunal to set a deadline of January 14, 2022 for either the conclusion of a settlement agreement and a request to set up a settlement hearing or submission of draft Procedural Order with a comprehensive issues list and the request for a merits hearing. The parties do not believe that there is a need to set up an additional CMC at this time but wish the option to contact the Case Coordinator to request a CMC, if either party decides that it is necessary.
Order
4The Tribunal orders that:
If the parties settle this case on or before January 14, 2022 at 4:30 p.m., the parties shall jointly submit a comprehensive written status update to the Case Coordinator by January 14, 2022 at 4:30 p.m. advising whether the Settlement Agreement has been approved by the County Council, including a copy of the approved Settlement Agreement, and a request for a settlement hearing with the required number of hearing days.
If this case is not settled on or before January 14, 2022 at 4:30 p.m., the parties shall jointly submit a written status update to the Case Coordinator by January 14, 2022 at 4:30 p.m. along with a revised draft Procedural Order, Issues List, and a draft hearing plan for approval by the Tribunal and a request for a hearing with the required number of hearing days.
The draft Procedural Order will include the mandatory meetings of all like experts and the preparation of an agreed Statement of Facts.
The draft Issues List shall include a comprehensive list of issues relevant to the Appeal organized beneath a statement of each applicable statutory provision of the Planning Act to be considered by the Tribunal.
5There will be no further notice.
6I am not seized.
7Schedule permitting, I may be available for case management purposes.
8This is the Order of the Tribunal.
"A. Cornacchia"
A. CORNACCHIA 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.