Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 27, 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: Larry Ross 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: Larry Ross 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: July 19, 2021 by video hearing ("VH")
APPEARANCES:
| Parties | Counsel |
|---|---|
| District of Muskoka | Jamie Clow |
| Town of Huntsville | In absentia |
| 2152900 Ontario Inc. | Stephen Watt |
MEMORANDUM OF ORAL DECISION DELIVERED BY A. CORNACCHIA AND BRYAN W. TUCKEY ON JULY 19, 2021 AND ORDER OF THE TRIBUNAL
1A second Case Management Conference ("CMC") for this case was held pursuant to the decision and order of the Tribunal dated June 2, 2021.
2These proceedings were commenced under s. 34(11) and s. 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 relate to an application to amend Zoning By-law No. 2008-66P and an application for a proposed plan of subdivision to permit a 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.
5At this CMC, the Tribunal received a status update from the parties, dealt with a participant status request and a submission from Chris Madej, and set a settlement hearing date at the request of the parties.
6At the CMC, Rick Reitmeier and Lizann Reitmeier, who are immediate neighbours and run a maple syrup business on land adjacent to the property, requested Participant status. They are granted Participant status by the Tribunal, on consent.
7In the update from the parties, the Tribunal is advised that they had not prepared a draft Procedural Order ("PO") or Issues List as required by the CMC decision and order of the Tribunal dated June 2, 2021. They focused their efforts on the possible settlement of this matter. The parties advised that they are close to the settlement of both cases and are currently working on the draft plan conditions for the proposed plan of subdivision. The parties collectively requested a two-day settlement hearing during the month of November 2021 and the Tribunal granted this request.
8The Tribunal heard oral submissions from Mr. Madej, a participant in the proceedings regarding the proposed settlement. He was extremely disappointed that the public consultation process did not occur at the Town of Huntsville or the District of Muskoka. Mr. Madej is of the view that:
a. the Town of Huntsville has not diligently executed its responsibilities with respect to land use planning regarding the property;
b. the Town of Huntsville planning staff have not made any public recommendation to the Town Council and the Town Council has not considered and dealt with this matter publicly;
c. neither the Town of Huntsville nor the District of Muskoka have held a public meeting on the proposed change to the zoning by-law and the subdivision application;
d. due to the absence of public consultation, the planners employed by the Town of Huntsville and the District of Muskoka and those submitting expert evidence on the applications to the Tribunal will not be made aware of the public concerns of the local residents; and
e. the Town of Huntsville has not been actively participating in the proceedings.
9After soliciting submissions from counsel on Mr. Madej’s concerns, the Tribunal is of the view that it is important for the planners advising on this matter to consider the views and concerns in the Participant Statements filed in the proceedings in formulating their planning advice. In order to facilitate this, the parties were advised that the Tribunal has the following expectations of the parties. The Tribunal expects that:
a. the planner(s) will have carefully reviewed the written statements submitted by the Participants to the proceedings;
b. the planner(s) will have held a meeting with the Participants to hear, understand and secure any required clarification relating to the Participants’ Statements;
c. the planner(s) will have considered the Participants’ Statements in formulating the opinions expressed in the planning reports relating to the Settlement Agreement which are submitted to the applicable Municipal Committee or Council and to the Tribunal; and
d. any planning affidavit presented to the Tribunal in support of the Settlement Agreement will confirm the review and consideration of the Participant Statements filed with the Tribunal.
10The Tribunal ordered that the Participants submit their Participant Statements to the Tribunal on or before Friday, September 3, 2021 by 4:30 p.m. at the latest in order to facilitate review and consideration of the Participants’ concerns in the planning reports.
11The Tribunal set hearing dates for the review and possible approval of the Settlement Agreement on Thursday, November 25, 2021 commencing at 10 a.m. by VH for two days.
12Parties 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/342348789
Access Code: 342-348-789
13Parties 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.
14Persons 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 1-888-455-1389 or +1 (647) 497-9391. The Access Code is as indicated above.
15Individuals 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 VH 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
16Rick Reitmeier and Lizann Reitmeier are hereby granted Participant status.
17All the Participants in the proceedings shall submit their Participant Statements to the Tribunal on or before Friday, September 3, 2021 by 4:30 p.m.
18Counsel for the Applicant and counsel for the Municipality shall submit the following to the Tribunal on or before Thursday, November 18, 2021 by 4:30 p.m.:
a. The Draft Settlement Agreement, Zoning By-law Amendment and conditions of draft plan of subdivision.
b. The Affidavit of the Planner with recommendations regarding the Draft Settlement Agreement, Zoning By-law Amendment and conditions of draft plan of subdivision.
c. The Planner’s Affidavit shall confirm the review and consideration of the Participant Statements.
d. A settlement hearing plan agreed upon by the parties for approval by the presiding Member(s) of the Tribunal.
19The Tribunal orders that a two-day settlement hearing will be held on Thursday, November 25, 2021 commencing at 10 a.m. by Video Hearing.
20The Members on the panel for this Case Management Conference are not seized in this case but may be consulted through the Case Coordinator if any issues arise.
21The Tribunal so orders and provides these Case Management Conference directives for the purposes of the settlement hearing of these appeals.
"A. Cornacchia"
A. CORNACCHIA MEMBER
"Bryan W. Tuckey"
BRYAN W. TUCKEY MEMBER
Ontario Land Tribunal Website: www.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.