Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 15, 2021
CASE NO(S).: OLT 21-001028
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: RIC (Midland Lane) Inc.
Subject: Application to amend Zoning By-law No. 2004-90 - Refusal or neglect of Town of Midland to make a decision
Existing Zoning: Residential Apartment and Residential Townhouse Holding (RA & RT-H) Zone
Proposed Zoning: Site specific Residential Apartment and Residential Townhouse zones
Purpose: To facilitate the development of a residential subdivision
Property Address/Description: Lots 35-39, SW Side of Bay Street
Municipality: Town of Midland
Municipality File No.: ZBA-04-20
OLT Case No.: OLT-21-001028
OLT File No.: OLT-21-001028
OLT Case Name: RIC (Midland Land) Inc. v. Midland (Town)
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: RIC (Midland Lane) Inc.
Subject: Proposed Plan of Subdivision - Failure of Town of Midland to make a decision
Purpose: To facilitate the development of a residential subdivision
Property Address/Description: Lots 35-39, SW Side of Bay Street
Municipality: Town of Midland
Municipality File No.: MD-T-0120
OLT Case No.: OLT-21-001028
OLT File No.: OLT-21-001029
Heard: November 5, 2021 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Town of Midland | Quinto Annibale, Alexandra Whyte |
| RIC (Midland Lane) Inc. | Susan Rosenthal, Grace O’Brien |
| ADM Agri-Industries Company | Andrew Elliott |
MEMORANDUM OF ORAL DECISION DELIVERED BY STEVEN COOKE ON NOVEMBER 5, 2021 AND ORDER OF THE TRIBUNAL
1The matter before the Tribunal was a Case Management Conference (“CMC”) for a failure to make a decision within the statutory timeframe by the Town of Midland (“Town”) under s. 34 (11) and s. 51 (34) of the Planning Act.
2RIC (Midland Lane) Inc. (“Applicant”) sought to obtain a Zoning By-law Amendment (“ZBA”) and an application of approval for a Draft Plan of Subdivision (“Draft Plan”) for the property municipally known as 650 Vindin Street (“Subject Site”). The purpose of the applications is to construct a proposed 453 dwelling units that is made up of 400 apartment units in a series of buildings ranging to a height of five (5)-storeys, and 53 townhouse units.
3An Affidavit of Service of Christina Fracassi, that Notice of this CMC had been delivered in accordance to the Tribunal’s Rules of Practice and Procedure, was marked as Exhibit 1.
PARTY STATUS
4ADM Agi-Industies Company (“ADM”) requested Party Status from the Tribunal. ADM owns and operates a grain handling facility and flour mill that is considered a Class 3 heavy industrial facility located 180 metres south of the Subject Site.
5The Tribunal canvassed the statutory Parties for comment or objections of the request by ADM. The Tribunal was informed that there was no objections and that the Parties had already begun having discussions with each other.
JOINT REQUEST OF THE PARTIES
6The Parties informed the Tribunal that discussion regarding the Issues List have started to occur. At this time the Parties estimate that the hearing of the merits could require up to 25 days given the number of expert witnesses expected to be called during the hearing. It is their hopes that discussion will eliminate number of issues and potentially reduce the length of the hearing. The Parties have request that the hearing not proceed until the fall of 2022.
7The Parties have also requested a further CMC to be set in the spring of 2022. It is the expectation of the Tribunal that at the next CMC the Parties will be prepared to discuss the following items:
- Present the Tribunal with a draft Procedural Order for consideration,
- Have a refined Issues List,
- Confirm with the Tribunal on the necessary length of hearing of the merits, and
- Update the Tribunal on any settlement discussion.
ORDER
8The Tribunal grants Party Status to ADM Agri-Industries Company.
9The hearings are scheduled to proceed by video as follows:
Friday, April 1, 2022 at 10 a.m GoTo Meeting: https://global.gotomeeting.com/join/914098901 Access code: 914-098-901 Audio-only telephone line: (647) 497-9373 or Toll Free 1-888-299-1889 Audio-only access code: 914-098-901
Monday, September 19, 2022 at 10 a.m. to Friday, October 21, 2022 GoTo Meeting: https://global.gotomeeting.com/join/344779885 Access code: 344-779-885 Audio-only line: (647) 497-9373 or Toll Free 1-888-299-1889 Audio-only access code: 344-779-885
10Parties and participants 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.
11Parties 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
12Persons 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.
13Individuals 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. No further notice is required.
14The Member is not seized.
“Steven Cooke”
STEVEN COOKE 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.