Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 09, 2021
CASE NO(S).: PL210011
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant: Alpine Ridge Developments Ltd.
Appellant: Jean-Louis Armadeil
Subject: Application amend Zoning By-law No 2016-088 -Refusal of Application by the Town of Bracebridge
Existing Zoning: Residential Type 1 (R1)
Proposed Zoning: Residential Type 4 Special - 38 (R4 -38)
Purpose: To permit the development of seven stacked row townhouses dwellings
Property Address/Description: Birch St. road allowance, N. & S. side Birch St. Lots 1-4
Municipality: Town of Bracebridge
Municipality File No.: D14-09/20
OLT Case No.: PL210011
OLT File No.: PL210011
OLT Case Name: Armadeil v. Bracebridge (Town)
Heard: November 5, 2021 via Telephone Conference Call
APPEARANCES:
| Parties | Counsel |
|---|---|
| Jean-Louis Armadeil and BAM Builder Advertising Marketing Inc. | Aaron Platt and Samantha Lampert |
| Town of Bracebridge | Harold G. Elston |
| David G. Royston | Self-represented |
MEMORANDUM OF ORAL DECISION DELIVERED BY K.R. ANDREWS ON NOVEMBER 5, 2021 AND ORDER OF THE TRIBUNAL
1This is a Status Hearing respecting an appeal by Jean-Louis Armadeil and BAM Builder Advertising Marketing Inc. (collectively, the “Appellants”) regarding the decision by the Council of the Town of Bracebridge (“Town”) to refuse an application for a zoning by-law amendment respecting the lands legally described as Lots 1-4, Plan 15, on the south side of Birch Street.
2At the previous Case Management Conference (“CMC”) of this matter, the Tribunal was advised that the application has been revised following discussions with the Town and it would be re-submitted to the Town shortly.
3A date for a hearing on the merits was not previously sought because it was deemed beneficial to wait until the Town had time to review the revisions, and proceed with the matter from there. As a result, this Status Hearing was scheduled to essentially continue the CMC. At the time of the original CMC, the parties were directed to submit a draft Procedural Order (“PO”) to the Tribunal in advance of this Hearing.
4Counsel for the Appellants provided an update at the Status Hearing, which was confirmed by the other parties. He indicated that the parties continue to discuss the revised plan. The Town held a public information meeting on September 2, 2021, and Council held an in-camera meeting respecting the matter earlier in the present week. While progress has been made, identification of the issues and the determination of the hearing length has not been completed. In addition, Council has scheduled a meeting to confirm directions concerning identification of the issues on December 2, 2021.
5As a result, the parties proposed to schedule another Status Hearing mid-December. Preceding this proposed hearing, the parties committed themselves to circulate an issues list amongst the parties by December 3, 2021, circulate a draft PO by December 8, 2021, and be ready to present the draft PO and schedule a hearing on the merits at the next Status Hearing.
6Upon request of the parties, the Tribunal set a second Status Hearing commencing on Monday, December 13, 2021 at 10 a.m. by Video Hearing (“VH”). No further notice is required for the hearing.
7Parties 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/305186469
Access Code: 305-186-469
8Parties 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.
9Persons 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.
10Individuals 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.
11The Member is seized for the purpose of conducting the subsequent Status Hearing only.
“K.R. Andrews”
K.R. ANDREWS 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.