Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
September 14, 2021
CASE NO(S).: PL200522
PROCEEDING COMMENCED UNDER subsection 17(40) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
1494282 Ontario Inc.
Subject:
Failure of the City of Peterborough to announce a decision respecting Proposed Official Plan Amendment No. O1903
Municipality:
City of Peterborough
OLT Lead Case No.:
PL200522
OLT Case No.:
PL200522
OLT Case Name:
1494282 Ontario Inc. v. Peterborough (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
1494282 Ontario Inc.
Subject:
Application to amend Zoning By-law No. 1995-123 - Refusal or neglect of the City of Peterborough to make a decision
Existing Zoning:
D.1 Development District
Proposed Zoning:
Site Specific (To be determined)
Purpose:
To facilitate the use of the lands for a medium density, multi-unit residential development, supporting a maximum of 45 units
Property Address/Description:
1737 Sherbrooke Street
Municipality:
City of Peterborough
Municipality File No.:
Z1912
OLT Lead Case No.:
PL200522
OLT Case No.:
PL200523
Heard:
September 8, 2021 by video hearing
APPEARANCES:
Parties
Counsel
1494282 Ontario Inc.
John Ewart
City of Peterborough
Alan Barber
Ms. A. Goheen
Raivo Uukkivi
DECISION DELIVERED BY D. CHIPMAN AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) concerning appeals on an application to approve an Official Plan Amendment (“OPA”) and to pass a Zoning By-law Amendment (“ZBL”) to Municipal By-law No.1995-123 in the City of Peterborough (“City”). 1494282 Ontario Inc., being the Applicant/Appellant in this matter, has submitted appeals on the failure of the City to adopt an OPA amendment under s.17(40) and the second appeal under s. 34(11) on the failure of the City to adopt the amendment to the Zoning By-law associated with the aforementioned OPA application, both within their respective prescribed time periods.
2The Subject Property is municipally known as 1737 Sherbrooke Street in the City of Peterborough. The subject lands comprise Phase 1 of an overall development concept for the property. This being the westerly portion of the Subject Property.
3The applications are to facilitate the use of the lands for a medium density, multi- unit residential development, supporting a maximum of 45 units (41 unit apartment building and four unit row housing) with a maximum height of three storeys for the apartment building and four storeys for the proposed row housing.
4The application proposes to amend Official Plan Schedule 'E' - Residential Density, to the 'Medium Density Residential' designation to accommodate the proposed development.
5Development District Zoning is proposed to be amended to a Special Residential District with site specific regulations as follows:
Minimum building setback from side lot line; 140 square metres (“m2”) required with 170 m2 proposed.
Minimum building setback from rear lot line: 12 m or 6 m per storey, whichever is greater required with 15 m or 5 m per storey, whichever is greater proposed.
Maximum number of storeys: five required with three for apartment dwelling and four for row dwelling proposed.
Maximum Lot Coverage (% of lot area) by open parking, driveways and vehicle movement areas: 25% required with 36.5% proposed.
Minimum landscaped area (% of lot area): N/A required with 35% proposed.
Minimum distance between parking, driveway and vehicle movement areas and windows to habitable rooms: 6 m required with 5 m proposed.
Minimum motor vehicle parking spaces provided on site: 1.75 spaces per unit required with 1.75 spaces per dwelling unit proposed.
6The Affidavit of Service sworn by Janice Haig on August 12, 2021 with respect to the service of the Notice of this CMC is marked as Exhibit 1 to this CMC hearing.
7At the onset of this CMC, Mr. Barber informed the Tribunal that the City would not be taking a position in this matter but would attend for information.
REQUESTS FOR STATUS
8Mr. Ukkivi informed the Tribunal that Ms. A. Goheen had retained his services on Friday September 3, 2021 to represent her interest in this matter. Having just received carriage of the file, Mr. Ukkivi requested that Ms. Goheen be granted Party status as it would allow him the opportunity to ensure that her concerns regarding the development are addressed. Mr. Ukkivi informed the Tribunal that Ms. Goheen owns the property between Phase 1 and Phase 2 site owned by the Applicant/Appellant.
9By virtue of the Ms. Goheen’s property being adjacent to the Subject Property, the Tribunal is satisfied that there is reasonable interest and grounds to add Ms. Goheen as a party to these proceedings.
10The Tribunal, on consent of the parties, grants Party status to Ms. A. Goheen.
MEDIATION
11The Tribunal explored the possibility of mediation or settlement with the Parties. The City informed the Tribunal that they are not taking a position on the application and as such, the parties are in agreement that the matter does not lend itself to mediation and requested that the Tribunal set the matter down for a five day hearing.
12Given that Ms. Goheen was granted Party status at this CMC, the Tribunal is hopeful about the possibility of mediation or that a settlement might yield itself.
PROCEDURAL ORDER AND ISSUES LIST
13Although a preliminary issues list was prepared by Mr. Ewart, all Parties agreed that time to scope the issues would ensure Ms. Goheen, having just been conferred Party status, will have her issues included.
14It was noted by Mr. Barber, that based on Ms. Goheen’s Party status, he would seek City Council’s direction as to his participation in the upcoming hearing.
15Mr. Ukkivi who was recently retained requested time to review and provide input with respect to the issues for the hearing.
16The Applicant/Appellant’s counsel, Mr. Ewart, stated through discussions the Parties will submit their draft Issues List with the Draft Procedural Order (“DPO”) for the Tribunal’s consideration. The Parties informed the Tribunal based on the already identified issues and the number of witnesses to be called, setting a hearing for five days would be appropriate.
17The Tribunal tasked the Applicant/Appellant’s counsel to coordinate the submission to the Tribunal of the finalized DPO, on consent, for consideration by the Tribunal on or before Friday, October 15, 2021.
ORDER
18The Parties requested that the Tribunal fix a hearing date for five days. Accordingly, the hearing of these appeals will be fixed for a five-day period starting at 10 a.m. on Monday, May 30, 2022 by video hearing, as follows.
19Parties 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/122411381
Access code: 122 411 381
20Parties 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.
21Persons 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 122 411 381.
22Individuals 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.
23In the event the Parties reach a Settlement, Counsel may file the Minutes of Settlement (“MOS”) along with an Affidavit of planning evidence to support the MOS and the Parties may request that the hearing be converted to a Settlement hearing.
24This member is not seized.
25There will be no further notice.
“D. Chipman”
D. CHIPMAN
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.