Kelden Developments Inc. v. Kincardine (Municipality), 2022 CanLII 117813

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: December 05, 2022

CASE NO(S).: OLT-22-004309

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

Applicant/Appellant: Kelden Development Inc.

Subject: Application to amend the Zoning By-law – Refusal of application

Description: To permit a 46-unit townhouse development

Reference Number: Z-2022-038

Property Address: 1182 Queen Street

Municipality/UT: Kincardine/Bruce

OLT Case No.: OLT-22-004309

OLT Lead Case No.: OLT-22-004309

OLT Case Name: Kelden Developments Inc. v. Kincardine (Municipality)

Heard: November 29, 2022 by video hearing

APPEARANCES:

Parties

Counsel

Kelden Development Inc.

Alex Ciccone

Municipality of Kincardine

Tammy Grove-McClement Monica Poremba

MEMORANDUM OF ORAL DECISION DELIVERED BY T.F. NG ON NOVEMBER 29, 2022 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This is the first Case Management Conference (“CMC”) for the appeal, held as a Video Hearing.

2Kelden Development Inc. (“Applicant/Appellant”) has submitted a rezoning application to permit a townhouse development consisting of 11 Townhouse blocks, each containing 4 to 5 dwelling units for a total of 46 dwelling units.

3The Affidavit of Service and Notice of CMC is on the Tribunal’s file and marked as Exhibit 1. Counsel for the Appellant applied for abridgment of time for service as the notice of CMC was short-served by two (2) days. The Municipality’s counsel did not object and since no person is prejudiced, the Tribunal ordered that time is abridged.

PARTY/PARTICIPANT STATUS

4One Participant Status request by Douglas Harris, a neighbour opposite the proposed site, was granted by the Tribunal without objections. There was no Party Status request at the CMC.

MEDIATION/SETTLEMENT

5Counsel informed the Tribunal that the Parties have engaged in discussions which is leading to a resolution of the matter. The parties are in the process of executing a Minutes of Settlement and have requested for a settlement hearing date to be fixed. The Tribunal deemed it appropriate to fix another CMC date, which will enable the parties to give notice of the next CMC and also to give notice of the settlement proposal to the community.

DRAFT ISSUES LIST AND DRAFT PROCEDURAL ORDER

6Counsel did not file any Draft Procedural Order or draft Issues List as parties are in an advanced state of a resolution.

7The Tribunal will fix a one-day (“1-day”) CMC for the parties and the CMC may be converted to a settlement hearing in the event parties have finalized their settlement and no person seeks party status in the proceedings.

8In the event that no settlement is achieved, despite best efforts, Parties are directed to forward the Draft Procedural Order with the Issues List to the Case Coordinator, one week before the next CMC.

Wednesday, March 8, 2023 at 10 a.m. GoTo Meeting: https://global.gotomeeting.com/join/656004293 Access code: 656-004-293 Audio-only telephone line: +1 (647) 497-9373 (Toll Free : 1-888-299-1889) Audio-only access code: 656-004-293

9Parties and Participants are asked to log in to the video hearing at least 15 minutes before the start of the event to test their video and audio connections.

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.

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.

ORDER

13The Tribunal orders as follows:

1. Participant status is granted to Douglas Harris.
2. The CMC which may be converted to a settlement hearing, is fixed for one day, by video, on Wednesday, March 8, 2023. For the settlement hearing, all documents and materials in support including a sworn affidavit shall be filed with the Tribunal by Wednesday, March 1, 2023.
3. In the event no settlement is achieved, Parties shall provide the Draft Procedural Order with issues list to the Case Coordinator on or before Wednesday, March 1, 2023.
4. The Appellant shall give notice of the next CMC to persons in Schedules A and B in the Affidavit of Service (Exhibit 1), at least 30 days prior to the next CMC date. Proof of service shall be required.

14The Member is not seized.

“T.F. Ng”

T.F. NG 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.