Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 09, 2021
CASE NO(S).: PL210225
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: N.A.K. Building Services Ltd.
Subject: Application amend Zoning By-law No. 2014-126 - Refusal of Application by Town of New Tecumseth
Existing Zoning: Urban Residential (UR1)
Proposed Zoning: Urban Residential - Exception (UR3-XX)
Purpose: To permit five (5) freehold townhouse dwelling units
Property Address/Description: 27 Mill Street East
Municipality: Town of New Tecumseth
Municipality File No.: DEC No. 399
LPAT Case No.: PL210225
LPAT File No.: PL210225
LPAT Case Name: N.A.K. Building Services Ltd. v. New Tecumseth (Town)
Heard: September 3, 2021 via video hearing
APPEARANCES:
| Parties | Counsel/Representative* |
|---|---|
| N.A.K. Building Services Ltd. | Kevin Thompson & Jamie Cockburn |
| Town of New Tecumseh | Colleen Butler & James Freehely |
| Ken Parkes | Self-Represented* |
MEMORANDUM OF ORAL DECISION DELIVERED BY BRYAN W. TUCKEY AND INTERIM ORDER OF THE TRIBUNAL
1N.A.K. Building Services Ltd. (“Appellant”) filed an appeal against the Town of New Tecumseh’s (“Town”) refusal of a Zoning By-law Amendment (“ZBA”) application pursuant to s. 34 (11) of the Planning Act. This is the first Case Management Conference (“CMC”) convened in this matter with a purpose to determine parties and participants, explore opportunities for settlement, establish a process to prepare the necessary Procedural Order (“PO”) and fix any required procedural matters.
2The Appellant made ZBA application to the Town to construct five freehold townhomes on a property known municipally as 27 Mill Street East (Tottenham) in the Town (“subject lands”). An existing two storey single detached dwelling will be demolished to make room for the townhomes. The subject lands are designated as ‘Urban Residential (UR1)’ in the Town’s Official Plan which permits a wide range of residential uses including townhouse dwelling units. The Town’s Zoning By-law No. 2014 – 126 zones the subject lands as ‘Urban Residential’. A rezoning is required from an ‘Urban Residential (UR1)’ to an ‘Urban Residential – Exception (UR3-XX)’ to permit the construction of the five townhomes along with a series of site specific zone provisions tailored to the application. The proposed townhomes front on and all access is to Mill St E. The Town Council refused this application.
3There are two parties of record regarding this matter. Mr. Ken Parkes submitted a Party Status Request Form to the Tribunal dated August 18, 2021 and is added as a party upon consent. Mr. Ian Logan is in attendance at the CMC and requested participant status and is added as a participant upon consent.
4The Affidavit of Service for Notice sworn August 5, 2021 is marked as Exhibit 1. There is no further notice required.
5The Tribunal asked if this matter would benefit from Tribunal led mediation. Parties are of the opinion that mediation is premature but may consider it in the future. The Tribunal is advised that parties are in preliminary discussions about issues and their potential resolution.
6Counsel for the Appellant Mr. Thompson provided background for the benefit of the Tribunal by noting the details of the application and describing discussions that are happening between parties.
7Now that parties are established, the Tribunal has been requested to schedule a second CMC. Mr. Thompson committed to take ownership in the preparation of the PO, a draft of which is to be submitted to the Tribunal prior to the next CMC. The Tribunal agrees.
ORDER
8Accordingly, the Tribunal orders:
THAT Ken Parkes is a party and Ian Logan is a participant in these proceedings.
THAT the Counsel for N.A.K. Building Services Ltd. will submit a draft Procedural Order to the Tribunal no later than Tuesday, November 16, 2021 at 4:30 p.m.
9A further Case Management Conference is scheduled to proceed by video hearing on Tuesday November 23, 2021 at 10 a.m.
10Parties 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/957567717 Access code: 957-567-717
11Parties 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
12Persons 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: +1 (647) 497-9391 or Toll Free 1 888 455 1389. The access code is 957-567-717.
13Individuals 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.
14THAT no further notice is required.
15THAT the Tribunal may be spoken to in the event there are matters that arise related to the implementation of this order.
16The Tribunal Member is not seized.
“Bryan W. Tuckey”
BRYAN W. TUCKEY
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 (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.