Ontario Land Tribunal
Tribunal ontarien de l'aménagement du territoire
ISSUE DATE: June 10, 2021
CASE NO(S).: PL141189, PL171478
The Ontario Municipal Board (the "OMB") and the Local Planning Appeal Tribunal (the "LPAT") is continued under the name Ontario Land Tribunal (the "Tribunal"), and any reference to the Ontario Municipal Board or Local Planning Appeal Tribunal in any publication of the Tribunal is deemed to be a reference to the Tribunal.
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Region of Peel Appellant: Ministry of Municipal Affairs and Housing Appellant: Caveze Investments Limited Appellant: Adriano Lori; and others Subject: Proposed Official Plan Amendment No. OP 2006-105 Municipality: City of Brampton OLT Case No.: PL141189 OLT Case Name: Bottos v. Brampton (City)
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Orlando Corporation Subject: Request to amend the Official Plan - Failure of City of Brampton to adopt the requested amendment Existing Designation: Logistic/Warehouse/Transportation, Corridor Protection Area, Business Park, Valley/and, Significant Woodland, Stormwater, Management Facility, Heritage Resource, Primary Gateway and Special Policy Area 6 Proposed Designated: Conformity with the Council approved Secondary Plan, subject to further assessment with respect to the Master Environmental Servicing Plan (not yet finalized at this time), and the Environmental Assessment for the GTA West Corridor. Purpose: To permit warehouse distribution and office uses Property Address/Description: 10690/10700 Hwy 50, 10900/10916 Coleraine Drive Municipality: City of Brampton Approval Authority File No.: C11E15.002 OLT Case No.: PL171478 OLT File No.: PL171478 OLT Case Name: Orlando Corporation v. Brampton (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Orlando Corporation Subject: Application to amend Zoning By-law No. 270-2004 - Neglect of City of Brampton to make a decision Existing Zoning: Agricultural, with portions of the area zoned Residential Estate 2 Proposed Zoning: Site Specific (To be determined) Purpose: To permit proposed industrial uses and a proposed reduction to the required parking spaces. Property Address/Description: 10690/10700 Hwy 50, 10900/10916 Coleraine Drive Municipality: City of Brampton Municipality File No.: C11E15.002 OLT Case No.: PL171478 OLT File No.: PL171479
Heard: May 21, 2021 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| City of Brampton | B. Engell |
| The Regional Municipality of Peel | S. Garrod and R. Godley |
| Caveze Investments Limited | M. Cara |
| Gobind Marg Charitable Trust Ontario | M. Cara |
| Maria Bottos, Gabriella Buffa, Ermes Buffa, Beppino Ceolin, Giuliana Ceolin; Adriano Iori and Genevieve Iori; and 2167492 Ontario Inc. | P. Bottos |
| Orlando Corporation | L. Longo |
| Ministry of Municipal Affairs and Housing | U. Popadic |
| AMB Highway BP 1 Canco Inc., AMB Highway BP 2 Canco Inc., and AMB Highway BP 3 Canco Inc. | J. Evola |
| Toronto and Region Conservation Authority | T. Duncan |
| 809017 Ontario Ltd., S.F. Coleraine Holdings Ltd. | J. Alati, K. Jennings |
DECISION DELIVERED BY HUGH S. WILKINS AND ORDER OF THE TRIBUNAL
1The Tribunal held a Case Management Conference ("CMC") in these proceedings on May 21, 2021. The proceeding in Tribunal Case No. PL141189 is regarding appeals of City of Brampton ("City") Official Plan Amendment No. 2006-105 ("OPA No.105") as it relates to the Highway 427 Industrial Secondary Plan Area. The proceeding on Tribunal Case No. PL171478 relates to appeals by Orlando Corporation ("Orlando") regarding the refusal or neglect of the City to approve Official Plan and Zoning By-law Amendment applications relating to Orlando's lands located at 10690/10700 Highway 50 and 10900/10916 Coleraine Drive.
2At the CMC, the City stated that it wished to bring a motion requesting modifications to OPA No. 105. Several Parties indicated that they needed time to review the motion before taking positions on it.
3Also, at the CMC, Orlando stated that it had reached a proposed settlement with the City of its zoning by-law amendment appeal subject to the granting of the relief requested in the City's motion.
4The Parties requested that they be given time to consider the proposed motion and settlement. Subsequent to the CMC, the City and Orlando communicated to the Tribunal that both the proposed motion and settlement would not likely be opposed.
5Based on this, the Tribunal directs that the City serve and file its motion materials by Thursday, June 17, 2021. The Tribunal directs that responding materials, if any, shall be served and filed by Friday, June 25, 2021, and reply, if any, shall be served and filed by Tuesday, June 29, 2021.
6The Tribunal directs that Orlando file on consent its materials in support of the proposed settlement by no later than Wednesday, June 30, 2021.
7The Tribunal directs that the hearing of the City's proposed motion and Orlando's proposed settlement will be held by telephone conference call on Friday, July 2, 2021 commencing at 9 a.m.
8Individuals are directed to call 416-212-8012 or Toll Free 1-866-633-0848 on the assigned date at the correct time. When prompted, enter the code 4779874# to be connected to the call. It is the responsibility of the person(s) participating in the call to ensure that they are properly connected to the call and at the correct time. Questions prior to the call may be directed to the Tribunal's Case Coordinator having carriage of this case.
9There will be no further notice.
10This Member is not seized.
"Hugh S. Wilkins"
HUGH S. WILKINS 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.