Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 14, 2021
CASE NO(S).: PL210023
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: TopFar 6052 Inc.
Subject: Application to amend Zoning By-law No. 2010-001-Z0 - Neglect of the Town of Whitchurch-Stouffville to make a decision
Existing Zoning: Residential Three (R3)
Proposed Zoning: Residential Four (R4)
Purpose: To permit the development of six (6) three-storey townhouses
Property Address/Description: 6052 Main Street/ Plan 54, Lots 33 and 43, Town of Whitchurch-Stouffville
Municipality: Town of Whitchurch-Stouffville
Municipality File No.: ZBA 19.009
LPAT Case No.: PL210023
LPAT File No.: PL210023
LPAT Case Name: TopFar 6052 Inc. v. Whitchurch-Stouffville (Town)
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Referred by: TopFar 6052 Inc.
Subject: Site Plan
Property Address/Description: 6052 Main Street/ Plan 54, Lots 33 and 43, Town of Whitchurch-Stouffville
Municipality: Town of Whitchurch-Stouffville
LPAT Case No.: PL210023
LPAT File No.: PL210026
Heard: June 14 and 25, 2021 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| TopFar 6052 Inc. | K. Sliwa |
| Town of Whitchurch-Stouffville | J. Silver |
| JOIIS Holdings Inc. | Z. Fleisher |
MEMORANDUM OF ORAL DECISION DELIVERED BY N. ROBINSON ON JULY 12, 2021 AND ORDER OF THE TRIBUNAL
OVERVIEW
1These appeals were lodged by TopFar 6052 Inc. (“Applicant”) due to the failure of the Town of Whitchurch-Stouffville (“Town”) to make a decision on applications for a Zoning By-law Amendment (“ZBLA”) pursuant to section 34(11) of the Planning Act and a Site Plan pursuant to section 41(12) of the Planning Act (“Applications”) for lands described as 6052 Mainstreet in Whitchurch-Stouffville (the “Subject Lands”).
2These matters were original set for a case management conference (“CMC”) on June 14, 2021. On the eve of the CMC, the statutory parties informed the Tribunal that a settlement had been reached.
3On the June 14, 2021 CMC date, JOISS Holdings Inc. (“JOISS”) was granted party status solely for the Zoning By-law Amendment appeal on the basis of its genuine direct interest in the matter, as a neighbouring property owner, the consent of the Applicant and its capacity to assist the Tribunal in adjudicating the heritage issues involved with the development.
4The Tribunal, with the consent of the parties, also granted participant status to Peter Wells and Lori and Mike Harder but declined to rule on participant status for the following individuals who did not appear at either the CMC or the settlement conference:
- Richard Blasko
- Barbara and Denton Smith
- Joanne Felkers
- Donna Pearson
- Jennifer Sakamoto
5The matter was adjourned to Friday, June 25, 2021 for the purpose of hearing the settlement proposal between the statutory parties and to allow counsel for JOISS time to review the proposed settlement. JOIIS was directed to provide an Issues List and confirm what, if any, evidence would be called on the June 25 date.
6On the June 25 date, the Tribunal was informed that JOIIS had resolved its issues with the statutory parties and a revised settlement was presented.
7The Tribunal had the benefit of written submissions from the other participants but does not find these submissions to be persuasive insofar as the planning issues are concerned.
8The Tribunal is further cognizant of the fact that the resolution jointly proposed by the parties with the support of JOIIS has been the subject of extensive negotiations between experienced legal counsel. The settlement was approved