Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: November 17, 2022

CASE NO(S).: OLT-22-004254

PROCEEDING COMMENCED UNDER Section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Applicant/Appellant: Skydevco Inc.

Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision

Description: To permit construction of nine buildings: a five-storey hotel and spa, three two-storey townhouse buildings, four four-storey waterfront townhouse buildings, and one four-storey apartment building

Reference Number: Z04-2021

Property Address: 226 Boucher Street East and 138 Bridge Street

Municipality: City of Meaford

OLT Case No: OLT-22-004254

OLT Lead Case No: OLT-22-004254

OLT Case Name: Skydevco Inc. v. Meaford (City)

Heard: October 31, 2022 by Video Hearing

APPEARANCES:

Parties

Counsel

Skydevco Inc. (“Applicant/Appellant”)

Leo Longo

City of Meaford (“City”)

Harold Elston

MEMORANDUM OF ORAL DECISION DELIVERED BY ERIC S. CROWE ON OCTOBER 31, 2022 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1The Tribunal convened a Case Management Conference (“CMC”) on an appeal filed by Skydevco Inc. (“Applicant/Appellant”) against the City of Meaford (“City”) Council’s failure to make a decision, in relation to a Zoning By-law Amendment (“ZBLA”) application concerning 226 Boucher Street East and 138 Bridge Street (“Subject Lands”).

2The purpose and effect of the ZBLA application is to amend the zoning from Zoned Development (D-2) with a small area zoned Environmental Protection (“EP”). The EP lands are proposed to be transferred to the City. This application request’s rezoning of the Subject Lands to facilitate the proposed development of nine buildings: a five-storey hotel and spa, three two-storey townhouse buildings, four four-storey waterfront townhouse buildings, and one fourstorey apartment building.

PARTY STATUS REQUEST

3During the start of the hearing, one Party Status Request was received from Karri North and Michael O’Connell. Ms. North advised she also submitted a Participant Status Request if her Party Status Request was denied. Ms. North advised her, and her partner Mr. O’Connell live close by the Subject Lands at 99 Bridge Street. She advised she had only her personal interest in the matter for the protection of DJ Beach.

4Counsel for the Applicant, Leo Longo, advised Ms. North’s concerns could be addressed as a Participant as she will not be calling any expert witnesses and objected to her being a Party to the proceedings. Counsel for the City, Harold Elston, had no position on the Party Request.

5The Tribunal agrees with Mr. Longo that their interests could be adequately addressed as Participants and directs that the Party Status request be denied and their Participant Status request to be approved.

PARTICIPANT STATUS REQUEST

6Twenty-Five (25) other Participant Status Requests were received. There were no objections raised by the Parties to the Participant request.

7The Tribunal determined that all the Participants had an interest in these proceedings and granted on consent Participant Status.

HEARING

8Leo Longo, Counsel for the Applicant, provided background of the application. Mr. Longo advised that he has had continued discussions with the Township regarding the application.

9Mr. Longo advised that he will be seeking a second CMC to identify and further scope the issues. Mr. Longo advised it is premature at this point to have an Issues List compiled. More time is needed to prepare a draft Procedural Order (“PO”) and Issues List.

10Mr. Elston agreed with the second CMC request which will enable both Parties to narrow the issues and provide a draft PO.

11The intent of the Parties is to set a one (1) day second CMC hearing at the next available date. As noted above, according to the Parties, this proposed timeframe will allow for a draft of the PO and Issues List.

MEDIATION

12The Tribunal also informed the Parties of Tribunal-led mediation. The Tribunal advised both Parties that there is an opportunity for the Tribunal to arrange Tribunal-led-mediation if required.

HEARING DATES

13The Tribunal directs that a second CMC Hearing (1 day) will be held by video hearing commencing on Monday, December 5, 2022, at 9 a.m.

14Parties 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:

GoTo Meeting: https://global.gotomeeting.com/join/660145013

Access code: 660-145-013

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 at: 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. +1 (647) 497-9373 or (Toll-Free) 1(888) 299-1889. The access code is: 660-145-013.

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 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.

18No further notice will be given.

19The Tribunal Member is seized and may be spoken to for case management purposes subject to the availability of the Tribunal’s calendar.

20The directions in this Decision are so ordered.

“Eric S. Crowe”

ERIC S. CROWE

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.