Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 08, 2021
CASE NO(S).: PL210117
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Sycamore Construction Ltd. and 2395959 Ontario Inc.
Subject: Application to amend Zoning By-law No. 74-53, as amended, and Zoning By-law No. 2017-66, as amended - Neglect of the Township of King to make a decision
Existing Zoning: To amend the existing Residential Urban (R1), Institutional (I) and Open Space (O) zoning designations under Zoning By-law No. 74-53, as amended, and to amend the existing Future (F) zoning designation under Zoning By-law No. 2017-66, as amended
Proposed Zoning: To amend Zoning By-law No. 74-53, as amended, to Residential Urban (Schomberg) One – Exception Section 7A.11 (R1S-1[H]) Holding, Residential Urban (Schomberg) Two – Exception Section 7B.7 (R1S-2[H]) Holding, Institutional – Exception Section 21.35 (I[H]) Holding, Institutional – Exception 21.36 (I), Open Space – Exception Section 26.70 (O[H]) Holding, Environmental Protection (EP[H]) Holding and to amend Zoning By-law No. 2017-66, as amended, to Residential Single Detached – Exception Section 6.5.1.40 (R1-40[H]) Holding, Residential Single Detached – Exception Section 6.5.1.41 (R1-41[H]) Holding, Environmental Protection (EP) Holding and Institutional – Exception Section 9.5.1.5 (1-5[H]) Holding
Purpose: To permit the development of a residential plan of subdivision containing 51 single detached residential lots and a new public road
Property Address/Description: Part of the East Half of Lot 32, Concession 9
Municipality: Township of King
Municipality File No.: Z-2017-11
OLT Case No.: PL210117
OLT File No.: PL210117
OLT Case Name: Sycamore Construction Ltd. and King (Township)
PROCEEDING COMMENCED UNDER subsection 51(39) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Sycamore Construction Ltd. and 2395959 Ontario Inc.
Subject: Conditions of approval of draft plan of subdivision
Property Address/Description: Part of the East Half of Lot 32, Concession 9
Municipality: Township of King
Municipal File No.: 19T-17-K02
OLT Case No.: PL210117
OLT File No.: PL210118
Heard: October 15, 2021 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Sycamore Construction Ltd. And 2395959 Ontario Inc. | Quinto Annibale |
| Township of King | Tom Halinski |
MEMORANDUM OF ORAL DECISION DELIVERED BY T. PREVEDEL ON OCTOBER 15, 2021 AND ORDER OF THE TRIBUNAL
BACKGROUND
1This is the second Case Management Conference (“CMC”) conducted with respect an Appeal from Sycamore Construction Ltd. And 2395959 Ontario Inc. (“the Appellants”) pursuant to s. 34(11) of the Planning Act regarding the Township of King’s failure to make a decision within the statutory time frames for the Appellant’s proposed Zoning By-law Amendment.
2The municipal address of the subject property is Part of the East Half of Lot 32, Concession 9, Township of King. The lands are located at Roselena Drive and Church Street in Schomberg.
3The application under appeal is intended to permit the proposed development of 51 residential lots and a new public road on the subject lands. This development will represent the second phase of the Forestbrook Hills subdivision.
Procedural Order and Issues List
4A draft Procedural Order with an attached proposed Issues List was submitted on consent of the Parties in advance of the CMC.
5Mr. Halinski, on behalf of the Township, advised the Tribunal that he may need some additional time to refine some issues with respect to the proposed Zoning By-law Amendment, but he stated there were no issues with respect to the draft plan of subdivision at this time.
6Counsel on consent suggested that two weeks would be sufficient to refine the Issues List.
Opportunities for Settlement Discussion
7The Tribunal canvassed the Parties as to whether they have engaged in settlement discussions. Both Parties expressed an interest in pursuing settlement discussions prior to the hearing and will advise the Case Co-Ordinator regarding status.
The Hearing
8The Parties suggested that, if a settlement is not resolved through mediation, a five-day hearing would be sufficient given the issues at hand.
9The Hearing is scheduled to proceed by video conference on Monday, February 14, 2022 at 10 a.m. for a total of five days.
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:
https://global.gotomeeting.com/join/622627181
Access code: 622-627-181
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: (Toll Free): 1-888-299-1889 or +1 (647) 497-9373. The access code is 622-627-181.
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.
ORDER
14A Procedural Order was finalized and received by the Tribunal shortly after this CMC and is attached as Schedule 1. As such, it is in full force and effect.
15Should a settlement be reached through mediation, the Case Co-Ordinator should be advised in advance of the Hearing.
16The Member is not seized and is available for case management, schedule permitting.
17No further notice will be given.
“T. Prevedel”
T. PREVEDEL
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.