Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 22, 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, each with seven apartment units
Property Address/Description: Birch Street road allowance, N&S side Birch Street Lots 1-4
Municipality: Town of Bracebridge
Municipality File No.: D14-09/20
OLT Case No.: PL210011
OLT File No.: PL210011
OLT Case Name: Amardeil v. Bracebridge (Town)
Heard: December 13, 2021 by video hearing (“VH”)
APPEARANCES:
Parties
Counsel
Jean-Louis Armadeil and BAM
Aaron Platt
Builder Advertising Marketing Inc.
Samantha Lampert
Town of Bracebridge
Harold G. Elston
David G. Royston
Self-represented
MEMORANDUM OF ORAL DECISION DELIVERED BY K.R. ANDREWS ON December 13, 2021 AND ORDER OF THE TRIBUNAL
1This is the second 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.
2A Case Management Conference (“CMC”) of this matter was held on June 28, 2021, at which time the Tribunal was advised that the application had been revised following discussions with the Town, and it would be re-submitted to the Town. A date for a hearing on the merits was not sought because it was deemed beneficial to wait until the Town had time to review the revisions.
3As a result, a status hearing was scheduled and conducted on November 5, 2021 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. However, the PO was not presented due to a number of issues still being unresolved between the parties.
4The present status hearing was then scheduled for the purpose of setting hearing dates and finalizing the contents of the PO. At the status hearing, the parties sought dates for a hearing, estimating that the matter may take up to two weeks, and the Tribunal was in receipt of a draft PO. However, the parties also informed the Tribunal that there were still a number of unresolved issues and/or the issues list might be materially narrowed depending on further discussions between the parties.
5The Tribunal determined that it would be prudent to schedule both the hearing and another CMC in advance to finally resolve all outstanding issues involving the PO. It was determined that an additional CMC would not cause any delay to the eventual hearing of the matter, and it had potential to shorten the length of the hearing. The Tribunal expects the parties to use the opportunity provided by an additional CMC, as well as eleven months’ time before the hearing of this matter, to scope the issues as much as possible.
6Upon request of the parties, the Tribunal set a CMC commencing on Thursday, March 10, 2022 at 10 a.m. by VH. No further notice is required for the CMC:
https://global.gotomeeting.com/join/736003173
Access Code: 736-003-173
7Upon request of the parties, the Tribunal set a 9-day Hearing commencing on Tuesday, November 22, 2022 at 10 a.m. by VH. No further notice is required for the Hearing.
https://global.gotomeeting.com/join/483688133
Access Code: 483-688-133
8Parties and participants are asked to log into the VH(s) at least 15 minutes before the start of the events to test their video and audio connections.
9Parties and participants are asked to access and set up the application well in advance of the events to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html.
10Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the events can connect to the events by calling into an audio-only telephone line: Toll-Free 1-888-299-1889 or +1 (647) 497-9373. The Access Codes are as indicated above.
11Individuals are directed to connect to the events on the assigned dates at the correct time. It is the responsibility of the persons participating in the VH(s) to ensure that they are properly connected to the events at the correct time. Questions prior to these hearing events may be directed to the Tribunal’s Case Coordinator having carriage of this case.
12The Member is will be available for further case management purposes subject to the Tribunal’s calendar.
“K.R. Andrews”
K.R. ANDREWS
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.