Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 05, 2021
CASE NO(S).: PL030216
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Tamera Limited
Subject: Application to amend Zoning By-law No. 83-49 Refusal or neglect of the Town of the Blue Mountains to make a decision
Existing Zoning: Development (D) and Hazard (H)
Proposed Zoning: Residential Third Density (R3), Residential Third Density Exception (R3-*), Public Open Space (OS1), Private Open Space Exception (OS2-**) and Hazard (H)
Purpose: To permit of a residential subdivision
Property Address/Description: Part of Lots 23 and 24, Concession 4
Municipality: Town of The Blue Mountains
OLT Case No.: PL030216
OLT File No.: Z050136
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Tabera Limited
Subject: Request to amend the Official Plan - Failure of the Council to adopt the requested amendment
Existing Designation: Escarpment, Recreational Ski, Hazard Lands and Rural
Proposed Designated: Recreational Residential, Hazard Lands and Escarpment tpermit residential development O.M.B. File N
Purpose: To permit residential development
Property Address/Description: Lots 23 and 24, Concession 4,
Municipality: Town of The Blue Mountains
OLT Case No.: PL030216
OLT File No.: 0030037
OLT Case Name: Tabera Limited v. The Blue Mountains (Town)
PROCEEDING COMMENCED UNDER subsection 51(39) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant: Tabera Limited
Subject: Failure of the Town of The Blue Mountains to make a decision respecting a proposed plan of subdivision
Property Address/ Description: Municipality: Part of Lots 23 and 24, Concession 4 Town of The Blue Mountains
OLT Case No.: PL030216
OLT File No.: S050055
PROCEEDING COMMENCED UNDER subsection 51(39) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant: Tabera Limited
Subject: Failure of the Town of The Blue Mountains to make a decision respecting two proposed plan of condominiums
Property Address/ Description: Municipality: Part of Lots 23 and 24, Concession 4 Town of The Blue Mountains
OLT Case No.: PL030216
OLT File No.: S050056 and S050057
Heard: September 16, 2021 by video hearing
APPEARANCES:
Parties
Counsel
Tabera Limited
M. Cara D. Artenosi
County of Grey
E. Treslan
Town of The Blue Mountains
M. Hodgson
Niagara Escarpment Commission
K. Hare M. Gupta (Student-at-law)
MEMORANDUM OF ORAL DECISION DELIVERED BY STEVEN COOKE ON SEPTEMBER 16, 2021 AND ORDER OF THE TRIBUNAL
1The matter before the Tribunal is a Case Management Conference (“CMC”) for the proposed development of Tabera Limited (“Applicant”) for the lands composed of Part of Lots 23 and 24, Concession 4 in the Town of The Blue Mountains (“Subject Site”).
2The Applicant is appealing the failure to make decisions on applications for an Official Plan amendment, Zoning By-law amendment, draft plan of subdivision, and draft plan of condominium.
3Mr. Cara, counsel for the Applicant, informed the Tribunal that the Parties are requesting an additional CMC date with the possibility of converting the CMC into a Settlement Hearing at the later part of January 2022. Mr. Cara stated that the Parties have been having productive discussions in mediation that is still occurring.
4The Tribunal has scheduled the next CMC to proceed by video on Monday, January 24, 2022 at 10 a.m. The Parties are expected to have a defined Issues List and draft Procedural Order for the Tribunal’s consideration. This event can be converted to a Settlement Hearing should discussions continue to be successful.
REQUEST FOR PARTICIPANT STATUS
5Jasen Santomero, Genevieve Graveline, Deborah Menecola, and Sue Alexander Ash appeared before the Tribunal to seek Participant Status based on being immediate residents to the Subject Site.
6The Parties raised no concerns or objections to the request for Participant Status. The Tribunal grants Participant status to all four of the above noted individuals.
7As the next CMC has a possibility of being converted into a settlement hearing, the Tribunal orders that all participant statements are due to the Tribunal and all Parties on or before Friday, December 10, 2021.
NEXT CMC
8The hearing is scheduled to proceed by video on Monday, January 24, 2022 at 10 a.m.
9Parties 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/426612669
Access code: 426 612 669
10Parties 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.
11Persons 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 426 612 669.
12Individuals 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.
13There will be no further notice provided.
14This Member is not seized of this matter.
15This is the Order of the Tribunal.
“Steven Cooke”
STEVEN COOKE
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.