Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 29, 2021
CASE NO(S).: PL210129
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Manning Developments Inc.
Subject: Application to amend Zoning By-law No. (2-2021) - Refusal or neglect of Town of Lakeshore to make a decision
Existing Zoning: Mixed Use Zone (MU)
Proposed Zoning: Mixed Use Zone Exception 35 (MU-35)(H25)
Purpose: To permit the development of an 8-storey apartment building with condominium and townhouse units and one semi-detached dwelling.
Property Address/Description: 1654 Manning Road
Municipality: Town of Lakeshore
Municipality File No.: ZBA-20-2020
OLT Case No.: PL210129
OLT File No.: PL210129
OLT Case Name: Manning Developments Inc. v. Lakeshore (Town)
Heard: September 16, 2021 by video hearing (“VH”)
APPEARANCES:
Parties
Counsel/Agent*
Manning Developments Inc.
Patrick Harrington
Town of Lakeshore
Jennifer Meader (appearing) and Scott Snyder (not appearing)
MEMORANDUM OF ORAL DECISION DELIVERED BY K.R. ANDREWS ON September 16, 2021 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) concerning an appeal by Manning Developments Inc.
2The Appellant seeks to amend the Town of Lakeshore Zoning By-law No. 2-2021 to rezone 1654 Manning Road from "Mixed Use Zone (MU)" to "Mixed Use Zone Exception 35 (MU-35)(H25)", to permit the development of an eight-storey apartment building (155 condominium units), ten townhouse units and one semi-detached dwelling.
Service of Notice of CMC
3There was no issue with service of the Notice of this CMC, and so no further notice is required. The Tribunal was in receipt of the Affidavit of Service, which was marked as Exhibit 1.
Requests for Status
4No person attended the CMC seeking either party or participant status.
MEDIATION AND SETTLEMENT
5The Tribunal explored the possibility of mediation and settlement with the parties. The parties indicated that resolution efforts are ongoing. However, the parties also agreed that this case is probably not a great candidate for mediation due to the parties’ being engaged in other litigation.
PROCEDURAL ORDER AND ISSUES LIST
6The parties indicated that a draft Issues List has been circulated, and they were optimistic that the contents could be settled soon. However, a draft PO was not ready at the time of the CMC. Both parties agreed that a draft could probably be settled within 30 days, or else it would have to go back to the Tribunal for resolution.
SECOND CMC & HEARING
7Upon request of the parties, the Tribunal set a second CMC on December 7, 2021, and a 5-day hearing commencing on Monday, April 4, 2022, both starting at 10 a.m. by VH. No further Notice is required.
8The Tribunal notes that the parties indicated to the Tribunal that a second CMC may not be necessary if the parties can agree on the contents of the draft PO. At the same time, the parties already anticipate that a preliminary motion may be required. The parties and the Tribunal ultimately decided that it would be best to set a date aside for a potential CMC, which could be converted to motion hearing if need be, or possibly vacated altogether if neither is required. In any case, the Tribunal finds that it would be prudent to set a date for a single-day preliminary event in order to maintain the schedule of a hearing commencing on April 4, 2022.
9The Tribunal also notes that the Appellant requested the earliest possible date for a hearing. At the same time, the Town requested dates after April 1, 2022, to accommodate counsel’s schedule. The Tribunal found that the earliest possible date was only a few weeks before the first of April, so it granted the Town’s request to schedule the hearing later.
10Regarding both the second CMC and the hearing, the parties and participants are asked to log into the VH at least 15 minutes before the start of the event to test their video and audio connections.
11The following are the log-in details for the second CMC:
https://global.gotomeeting.com/join/770549965
Access Code: 770-549-965
12The following are the log in details for the hearing:
https://global.gotomeeting.com/join/499357781
Access Code: 499-357-781
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
16The Tribunal Orders that:
The date and particulars of the second CMC and hearing are set out above. The second CMC may be converted to a motion date, if jointly requested by the parties;
A draft Procedural Order is due to be filed by the Appellant within 30-days of this Order; and
The Member is not seized but may be spoken to through the Case Coordinator if any issues arise.
“K.R. Andrews”
K.R. ANDREWS
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.