Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 14, 2021
CASE NO(S).: PL210223
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 1834489 Ontario Inc. and Settler’s Landing Estates Ltd.
Subject: Application to amend Zoning By-law No. 4316-09 – Refusal or neglect of the Town of Niagara-on-the-Lake to make a decision
Existing Zoning: Residential Development (RD) Zone
Proposed Zoning: Residential Site-Specific (R2-XX) Zone
Purpose: To permit the development of 53 residential lots and one block for parkland dedication
Property Address/Description: Part of Township Lot 118 Niagara designated as Parts 1, 2, and 3 on 30R15476; subject to an easement in gross over Part 3 on 30R15476 as in NR464799; Town of Niagara-on-the-Lake and Part of Township Lot 118 Niagara Part 3, 30R15270
Municipality: Town of Niagara-on-the-Lake
Municipal File No.: ZBA-16-2020
OLT Case No.: PL210223
OLT File No.: PL210223
OLT Case Name: Settler’s Landing Estates Ltd v. Niagara-on-the-Lake (Town)
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 1834489 Ontario Inc. and Settler’s Landing Estates Ltd.
Subject: Proposed Plan of Subdivision – Failure of the Town of Niagara-on-the-Lake to make a decision
Purpose: To permit the development of 53 residential lots and one block for parkland dedication
Property Address/Description: Part of Township Lot 118 Niagara designated as Parts 1, 2, and 3 on 30R15476; subject to an easement in gross over Part 3 on 30R15476 as in NR464799; Town of Niagara-on-the-Lake and Part of Township Lot 118 Niagara Part 3, 30R15270
Municipality: Town of Niagara-on-the-Lake
Municipal File No.: 26T-18-20-03
OLT Case No.: PL210223
OLT File No.: PL210224
Heard: September 8, 2021 by video hearing
APPEARANCES:
Parties
Counsel
1834489 Ontario Inc. and
Andrea Mannell
Settler’s Landing Estates Ltd.
Town of Niagara-on-the-Lake
Robert Di Lallo
DECISION DELIVERED BY D. CHIPMAN AND ORDER OF THE TRIBUNAL
1This Decision and Order results from the first Case Management Conference ("CMC") on an application for an amendment to Zoning By-law No. 4316-09 and the approval of a Draft Plan of Subdivision filed by 1834489 Ontario Inc. and Settler's Landing Estates Ltd (“Applicant/Appellant”) on the failure of the Town of Niagara-on-the-Lake (“Town”) to make a decision, pursuant to s. 34(11) and s. 51(34) of the Planning Act within the legislated time frame.
2The Applicant/Appellant applied to the Town to permit the development of 53 residential lots, consisting of single-detached dwellings and one block for parkland dedication. The proposed development is Phase 2 of the Settler's Landing subdivision.
3The subject property is approximately 4.1 hectares in size and is currently vacant. It is located on the western boundary of Virgil, Ontario, south of Line 1 Road, west of Harvest Drive, Plantation Drive and Homestead Drive, and north of Zinfandel Court.
4The application would amend Zoning By-law No. 4316-09 by rezoning the subject property from Residential Development (RD) Zone to Residential Site-Specific (R2-XX) Zone. The site specific provisions would accommodate a relief in the minimum lot frontage, minimum lot area, maximum lot coverage, minimum front yard setback for the dwelling and garage, minimum exterior yard setback, minimum accessory yard setback, garage setback from the main dwelling, and porch encroachments. These provisions would be similar to the approved site-specific zone for the neighbouring Settler's Landing Phase 1 lands.
5Ms. Mannell filed the requisite Affidavit of Service of the Notice of CMC, which was marked as Exhibit 1.
REQUESTS FOR STATUS
6The Tribunal received no written requests for Party status in advance of the CMC, nor any requests for such status by any person attending the CMC.
7The Tribunal received no written requests for Participant status in advance of the CMC, nor any requests for such status by any person attending the CMC.
MEDIATION AND SETTLEMENT
8The Tribunal explored the possibility of mediation or settlement with the Parties and were advised that discussions had taken place in that regard. The Parties informed the Tribunal that the main issue with respect to the appeals is a narrow one. 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 hearing.
PROCEDURAL ORDER AND ISSUES LIST
9The Applicant/Appellant’s counsel, Ms. Mannell, stated through ongoing discussion, the Parties are in agreement with the issues and a draft Issues List will be forwarded with the Draft Procedural Order (“DPO”) for the Tribunal’s consideration. The Parties informed the Tribunal based on the issues and the number of witnesses to be called, setting a hearing for four days would be appropriate.
10Mr. Di Lallo concurred with Ms. Mannell on the length of the requested hearing.
11The 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
12The Parties are directed to prepare an amended DPO with a consolidated Issues List to be filed with the Tribunal by the Town’s Counsel no later than Friday, October 15, 2021.
13The Parties requested that the Tribunal fix a hearing date for four days. Accordingly, the hearing of these appeals will be fixed for a four-day period starting at 10 a.m. on Tuesday, March 29, 2022 by a video hearing, as follows:
https://global.gotomeeting.com/join/446304349
Access Code: 446-304-349
14Parties 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.
15Parties 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.
16Persons 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.
17Individuals 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 video hearing 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.
18In the event the Parties reach a Minutes of Settlement (“MOS”), Counsel for the Town may file the 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.
19This Member is not seized.
20There will be no further notice.
“D. Chipman”
D. CHIPMAN
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 (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.