Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 09, 2021
CASE NO(S).: PL180364
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: SO Development Inc.
Subject: Application to amend Zoning By-law No. 60-94 - Refusal or neglect of City of Oshawa to make a decision
Existing Zoning: UR (Urban Reserve)
Proposed Zoning: Appropriate Residential Zones
Purpose: To permit a proposed draft plan of subdivision and temporary sales office
Property Address/Description: South of Renaissance Drive, West of Park Road South
Municipality: City of Oshawa
Municipality File No.: Z-2016-15
OMB Case No.: PL180364
OMB File No.: PL180364
OMB Case Name: SO Development Inc. v. Oshawa (City)
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: SO Development Inc.
Subject: Proposed Plan of Subdivision - Failure of City of Oshawa to make a decision
Purpose: To permit a proposed draft plan of subdivision and temporary sales office
Property Address/Description: South of Renaissance Drive, West of Park Road South
Municipality: City of Oshawa
Municipality File No.: S-O-2016-15
OMB Case No.: PL180364
OMB File No.: PL180365
Heard: October 20, 2021 via video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| SO Development Inc. ("Applicant/Appellant") | M. McDermid |
| City of Oshawa ("City") | A. Kosnick |
| Region of Durham ("Region") | K. Ryan |
DECISION DELIVERED BY D. CHIPMAN AND ORDER OF THE TRIBUNAL
1The Tribunal held a Case Management Conference ("CMC") respecting the Phase 2 portion of the application submitted for a proposed amendment to the City’s Zoning By-law No. 60-94 ("ZBA") and for a proposed Draft Plan of Subdivision. The appeal results from the failure of the City to make a decision on the ZBA and the Draft Plan of Subdivision within the legislated timeframes pursuant to ss. 34(11) and 51(34) of the Planning Act ("Act").
2The purpose of this CMC was to update the Tribunal on the matter, review and refine a working draft of the Procedural Order as well as set down dates for the Phase 2 hearing to proceed.
3The Subject Lands are located south of Renaissance Drive, west of Park Road South, known as Block "B", in the City of Oshawa.
REQUEST FOR FURTHER CMC
4Ms. McDermid informed the Tribunal that since the completion of the Phase 1 hearing, there have been ongoing discussions with the City. The Applicant has made a resubmission of technical reports of which, the City will need 6 to 8 weeks to review.
5Ms. McDermid suggested that a further CMC be scheduled to revisit the Phase 2 Issues List that is associated with the Procedural Order which continues to be in force and effect, to understand if there are any further issues resulting from the recent submission of technical reports.
6Mr. Kosnick confirmed that since the Phase 1 hearing, discussions have been constructive and fulsome and that a second CMC would assist in finalizing any outstanding issues resulting from the resubmission of documents. He indicated that the City would like to reserve the right to add or subtract from the current Issues List any items that are either identified as new issues or resolved issues through the ongoing discussions or resulting from the resubmission.
7Mr. Ryan informed the Tribunal that the Region will continue to monitor discussions between the Parties and will advise the Tribunal at the next CMC as to whether the Region will play an active role in the Phase 2 hearing.
8Ms. McDermid indicated that should the discussions result in a settlement of the matter, she will inform the Case Coordinator/Planner ahead of the CMC to utilize the Tribunal’s time to hear the merits of a settlement. The Tribunal informed Ms. McDermid that should this matter move to a settlement hearing the appropriate documents will need to be filed 10 days in advance of the hearing.
9The Tribunal instructed the Parties that a draft Procedural Order with an Issues List (reflective of any requested changes) be submitted to the Case Coordinator no later than 10 days before the next CMC for the consideration of the Tribunal.
10The Tribunal set a second CMC which will commence on Wednesday, March 9, 2022 at 10 a.m. by video conference hearing.
11The Tribunal set a 10-day hearing of the Phase 2 portion of the appeal which will commence on Monday, August 29, 2022 at 10 a.m. by video hearing, to hear the merits of the requested rezoning of the subject site from UR (Urban Reserve) to appropriate Residential Zones to permit:
(a) The proposed draft plan of subdivision; and
(b) A temporary sales office for the sale of lots/units in draft plan of subdivision and draft plan of condominium to be located south of Phillip Murray Avenue, west of Park Road South.
ORDER
12The Tribunal orders:
13Parties are to submit a draft Procedural Order for consideration at the next CMC, on or before Wednesday, February 23, 2022, through the Case Coordinator.
14That a second CMC is scheduled as set out above, to discuss the draft Procedural Order and Issues List.
Wednesday, March 9, 2022 at 10 a.m. GoTo Meeting: https://global.gotomeeting.com/join/981111461 Access code: 981-111-461 Audio-only telephone line: +1 (647) 497-9391 (Toll Free): 1 888 455 1389 Audio-only access code: 981-111-461
15That a 10-day hearing of the merits is scheduled as set out above.
Monday, August 29, 2022 at 10 a.m. GoTo Meeting: https://global.gotomeeting.com/join/661568493 Access code: 661-568-493 Audio-only telephone line: +1 (647) 497-9373 (Toll Free): 1 888 299 1889 Audio-only access code: 661-568-493
16Parties are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections.
17Parties 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
18Persons 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.
19Individuals 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 hearing by video 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.
20No further notice of the CMC or Hearing is required.
21This Member is seized.
"D. Chipman"
Dale chipman
MEMBER
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.