Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 29, 2021
CASE NO(S).: PL210328
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Horseshoe Valley Developments (2018) Inc.
Subject: Application to amend Zoning By-law No. 97-95 - Refusal or neglect of Township of Oro-Medonte to make a decision
Existing Zoning: Residential One Exception 140 Exception (R1*140) Zone
Proposed Zoning: Residential One Exception (R1*) Zone and Residential Two Exception (R2*) Zone
Purpose: To permit the development of a subdivision consisting of 73 residential units
Property Address/Description: Part of Lot 4, Concession 4
Municipality: Township of Oro-Medonte
Municipality File No.: 2016-ZBA-01
LPAT Case No.: PL210328
LPAT File No.: PL210328
LPAT Case Name: Horseshoe Valley Developments (2018) Inc. v. Oro-Medonte (Township)
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Horseshoe Valley Developments (2018) Inc.
Subject: Proposed Plan of Subdivision - Failure of Township of Oro-Medonte to make a decision
Purpose: To permit the development of a subdivision consisting of 73 residential units
Property Address/Description: Part of Lot 4, Concession 4
Municipality: Township of Oro-Medonte
Municipality File No.: 2016-SUB-01
LPAT Case No.: PL210328
LPAT File No.: PL210329
Heard: July 27, 2021 by video hearing
APPEARANCES:
Parties
Counsel
Horseshoe Valley Developments (2018)
Susan Rosenthal, Aaron Platt, Zach Fleischer
Township of Oro-Medonte
Ed Veldboom
MEMORANDUM OF ORAL DECISION DELIVERED BY SHARYN VINCENT AND PIERRE BRUNELLE AND ORDER OF THE TRIBUNAL
1Horseshoe Valley Developments (2018) Inc ("the Appellant"), has appealed against Council’s failure to make decisions with respect to applications seeking the approval of the rezoning of lands and related proposed draft plan of subdivision for Part of Lot 4, Concession 4 within the Township of Oro-Medonte.
2The subdivision, being Phase 4 of a 5 phase development, would permit a total of 73 residential units comprised of 25 single detached units, and 48 townhomes at densities in keeping with the Official Plan. The Phase 4 lands are currently draft plan approved under Township file No. 43-OM200010 and subject to draft plan conditions which direct that stormwater management be provided through stormwater management pond No. 5 on neighbouring lands via registered easements.
3Recent staff comments have however sought to change this draft condition and require that the Appellant convey the lands accommodating the stormwater pond to the Township. Given the Appellant does not control the lands subject of the proposed condition, and more particularly given that there are existing draft plan conditions in place, the Appellant has sought to remedy the dispute before the Tribunal.
4Participant status was sought and conferred to the Horseshoe Valley Property Owners Association. No other requests for standing were received by the Tribunal.
5The Affidavit of Service was filed with the Tribunal and marked as Exhibit 1.
6Counsel for the Parties advised the Tribunal that there are ongoing constructive discussions on solutions to the very narrow issue respecting the tenure of the existing stormwater management system which they hope to resolve between themselves. The Parties however have requested the scheduling of a three day hearing to hear stormwater engineering evidence and limited planning evidence, and to that end, are perfecting a draft Procedural Order and Issues List to guide the hearing should no settlement be achieved.
7The matter was therefore set down for hearing and a three day hearing commencing Monday, November 8, 2021 at 10 a.m. was scheduled
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/268510725
Access code: 268-510-725
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: (647) 497-9391 or Toll Free 1-888-455-1389. The access code is 268-510-725.
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.
ORDER
9A hearing to deal with the merits of the appeals shall commence Monday, November 8, 2021 at 10 a.m. at the assigned co-ordinates set out above.
10The Panel is not seized, but may be contacted through the case co-ordinator should any case management assistance be required.
11No further notice is required.
“Sharyn Vincent”
SHARYN VINCENT
VICE-CHAIR
“Pierre Brunelle”
PIERRE BRUNELLE
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.