Ross v. Huntsville (Town), 2021 CanLII 49335

ISSUE DATE: June 02, 2021

CASE NO(S).: PL200623

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: 2152900 Ontario Inc.

Subject: Application to amend Zoning By-law No. 2008-66P - Neglect of the Town of Huntsville to make a decision

Existing Zoning: Rural Residential (RR), Rural Residential Special Exception - 0758 (RR-0758), Open Space Type Two (O2), and Natural Resource (NR)

Proposed Zoning: Residential One with exceptions (R1-special), Conservation (C), and Open Space (O2),

Purpose: To permit a twenty-one (21) lot plan of subdivision consisting of single detached homes and common element blocks

Property Address/Description: 173 and 194 Clarkes Lane

Municipality: Town of Huntsville

Municipality File No.: Z/17/2020/HTE

LPAT Case No.: PL200623

LPAT File No.: PL200623

LPAT Case Name: Ross v. Huntsville (Town)

PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: 2152900 Ontario Inc.

Subject: Proposed Plan of Subdivision - Failure of the District of Muskoka to make a decision

Purpose: To permit a twenty-one (21) lot plan of subdivision consisting of single detached homes and common element blocks

Property Address/Description: 173 and 194 Clarkes Lane

Municipality: District of Muskoka

Municipality File No.: S-2020-06

LPAT Case No.: PL200623

LPAT File No.: PL210133

Heard: May 25, 2021 by video hearing ("VH")

APPEARANCES:

Parties

Counsel

District Municipality of Muskoka

Jamie Clow

Town of Huntsville

Did not participate

2152900 Ontario Inc.

Stephen Watt

MEMORANDUM OF ORAL DECISION DELIVERED BY K.R. ANDREWS AND G.C.P. BISHOP ON MAY 25, 2021 AND ORDER OF THE TRIBUNAL

1This was the first Case Management Conference ("CMC") for this matter.

2These proceedings were commenced under subsections 34(11) and 51(34) of the Planning Act, concerning a development proposal for the property known municipally as 173 and 194 Clarkes Lane in the District Municipality of Muskoka

3The appeals are about an Application to amend Zoning By-law No. 2008-66P and Proposed Plan of Subdivision to permit the development proposal for a 21-lot plan of subdivision consisting of single detached homes, and common element blocks for internal condominium roads and an open space area to be created through a Condominium Description.

42152900 Ontario Inc. (the "Applicant") appealed to the Tribunal after the applicable approval authority did not deal with the Applications within the statutory time frames.

5The Tribunal held this CMC, at which it dealt with all the required matters under s. 33(1) of the Local Planning Appeal Tribunal Act, 2017 including: requests for participant status, receiving a status update from the parties, setting a subsequent CMC, and providing direction with regards to confirming the issues of the parties, draft Procedural Order and Hearing Plan.

6At the CMC, the Tribunal heard requests from the following persons seeking participant status:

Ludwig Biliko
Chris Herbener
Chris Madej
Karen Insley
David Stewart
Steve Bertin
Tracy Bertin (represented by Steve Bertin)

7Each person listed above explained their respective interests in the matter, which primarily included their proximity to the proposed development, form of the proposed development, roads, traffic, municipal waste handling and aquafer concerns. Upon consent of the parties, each of the above were granted participant status by the Tribunal.

8It is worth noting that the Tribunal has received requests for participant status from other persons not listed above; however, these people did not attend the CMC and so their status as participants was not considered. Their requests, or others' who may come forward before a hearing of this matter, may be considered at a future CMC by the Tribunal, at the discretion of the presiding Member(s), if such persons wish to pursue participant status.

9The Tribunal explained the role and relative limitations of participant participation with regards to any matter before the Tribunal. It was explained that they will have an opportunity to submit written statements, outlining their issues and concerns in detail, in advance of a hearing of this matter. A due date for such written submissions will be set at the next CMC.

10The parties indicated that they had not prepared a draft Procedural Order ("PO"), Hearing Plan or Issues List because they were waiting to confirm any additional parties of this matter, which would affect the scope of the matter. The additional time will also give the municipality's counsel time to seek and obtain instructions. The parties mutually requested a second CMC, for which they will file the aforementioned drafts at least one week in advance.

11For the second CMC, the Tribunal anticipates that the agenda will include:

a. A status update from the parties including any potential settlement;

b. Consideration of a draft PO and Issues List;

c. Discussion of the proposed number of witnesses, hearing length and dates for same;

d. Canvass any additional participant status requests, and set a deadline for all participant written submissions;

12The Tribunal expects a description of the Issues that are site-specific and non-generic.

13The Tribunal set a second CMC for Monday, July 19, 2021 commencing at 10 am by VH.

14Parties 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/255739381

Access code: 255 739 381

15Parties 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.

16Persons 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 255 739 381.

17Individuals 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.

18The Affidavit of Service regarding the Notice of this CMC was marked as Exhibit 1 and no further notice is required.

ORDER

19The persons listed at paragraph [6] above have been granted participant status.

20Counsel for the Applicant shall be tasked with the co-ordination and preparation of the draft PO and Issues List.

21Counsel for the Applicant shall, with consent of the parties, submit the draft PO and Issues List to the Case Coordinator on or before Monday, July 12, 2021.

22These Members are not seized but may be spoken to through the Case Coordinator if any issues arise.

23The Tribunal so orders and provides these CMC directives for the purposes of the case management of this Appeal.

"K.R. Andrews"

K.R. andrews

member

"G.C.P. Bishop"

G.C.P. BISHOP

VICE CHAIR

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.