Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 13, 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
LPAT Case No.: PL210117
LPAT File No.: PL210117
LPAT 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
LPAT Case No.: PL210117
LPAT File No.: PL210118
Heard: July 2, 2021 by video hearing
APPEARANCES:
Parties
Counsel
Sycamore Construction Ltd. and 2395959 Ontario Inc.
Q. Annibale
Township of King
T. Halinski
MEMORANDUM OF ORAL DECISION DELIVERED BY N.P. ROBINSON ON JULY 12th, 2021 AND ORDER OF THE TRIBUNAL
1The Applicant (“Sycamore Construction Ltd. and 2395959 Ontario”) seeks a Zoning By-law Amendment (“ZBLA”) in order to construction a new subdivision in the Township of King (“Township”). Appeals were lodged pursuant to section 34(11) of the Planning Act after the Township failed to make a decision within 90 days as required by that section.
2The Ontario Land Tribunal (“Tribunal”) convened a case management conference (“CMC”) on July 2, 2021. In advance of the CMC, the Tribunal was informed by the parties that more time would be required to distill the issues and ascertain the witnesses that would be required for a hearing of the within matter.
3The parties indicated that they were in active discussions to narrow the issues and informed the Tribunal that they are open to mediation at some later date. The parties estimated that three to five days of hearing time would be required depending on progress made in discussions.
4The Tribunal received and granted participant status to Paolo Sacilotto, a local resident who expressed concerns regarding changes to traffic flows and the character of his community. The parties supported Mr. Sacilotto’s request for participant status.
5The parties were not prepared to discuss many of the other issues ordinarily addressed at a CMC and requested an adjournment for the purpose of continued discussions.
6The matter was adjourned to October 15, 2021, the earliest available date in the Tribunal’s calendar, for the purpose of a further CMC. The parties expressed concern with the length of the adjournment and stated that they would inform the Tribunal once a draft Procedural Order has been prepared.
7The CMC is scheduled to proceed by video on Friday, October 15, 2021 at 10 a.m.
8Parties 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/209532813
Access code: 209 532 813
9Parties 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.
10Persons 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 209 532 813.
11Individuals 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.
12The Tribunal so orders.
“N.P. Robinson”
N.P. ROBINSON
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.