Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 16, 2022
CASE NO(S).: OLT-22-004321
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Ontario Limited
Subject: Application to amend the Zoning By-law –Appeal failure to make a decision
Description: To permit the redevelopment of the property as a landscape material and garden centre after amending the Rural Specialized (RU3) Exception Zone and the Restricted Industrial (M1) Exception Zone
Reference Number: Z-2021-03
Property Address: 7195 Highway 9(Part Lot 35, Concession 10)
Municipality/UT: King City/York
OLT Case No.: OLT-22-004321
OLT Lead Case No.: OLT-22-004321
OLT Case Name: Ontario Limited v. King (Township)
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Ontario Limited
Subject: Site Plan
Description: To support the Zoning By-law which permits the redevelopment of the property as a landscape material and garden centre
Reference Number: SPD-21-04
Property Address: 7195 Highway 9 (Part Lot 35, Concession 10)
Municipality/UT: King City/York
OLT Case No.: OLT-22-004322
OLT Lead Case No.: OLT-22-004321
OLT Case Name: Ontario Limited v. King (Township)
Heard: December 12, 2022 by video hearing ("VH")
APPEARANCES:
| Parties | Counsel |
|---|---|
| 2593033 Ontario Limited o/a Weston Garden Centre – the "Appellant / Applicant") | Alex Lusty |
| Township of King | Tom Halinski |
MEMORANDUM OF ORAL DECISION DELIVERED BY K.R. ANDREWS ON DECEMBER 12, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference ("CMC") concerning an appeal by 2593033 Ontario Limited o/a Weston Garden Centre. The appeal arises following a non-decision by the municipality with respect to applications for a Zoning By-law Amendment and Site Plan Approval to permit the redevelopment of the subject property, 7195 Highway 9, as a landscape material and garden centre.
Service of Notice of CMC
2There 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
3The following were granted Participant status on consent:
Neil Irwin; and
Rajbir Randhawa
4Both individuals are neighbours of the subject property and expressed concerns regarding the effect that the proposed use of the property will have on area residents. Mr. Irwin confirmed that his main concerns involve nuisances such as dust and nighttime lighting, as well as traffic issues and worries associated with the Applicant’s proposed water usage and related impacts on area wells.
5Mr. Irwin has already submitted a Participant statement, which will be considered by the Tribunal. The Tribunal has not yet received such a statement from Mr. Randhawa but allowed him one week to submit his written statement.
MEDIATION AND SETTLEMENT
6The Tribunal explored the possibility of mediation and settlement with the parties. The parties both expressed openness to resolution discussions and/or Tribunal led mediation. They further confirmed that they will keep the Tribunal apprised of any developments with their resolution efforts, which the Tribunal finds satisfactory.
PROCEDURAL ORDER AND ISSUES LIST
7The Tribunal was not in receipt of a draft Procedural Order from the parties. Counsel for the Applicant explained that this was principally because the Appellant currently has another Appeal before the Tribunal, Case no. OT-22-004723, which is a site-specific appeal (involving the same property as the present appeal) of the Township’s recently passed comprehensive Zoning By-law ("the comprehensive Zoning By-law appeal"). Both parties confirmed their expectation that there will be significant overlap between the two appeals. It was also confirmed that a first CMC date has not yet been scheduled for that matter.
8Through discussions with the parties, it was determined to be prudent to schedule a second CMC for the present matter next Spring, and the parties may seek to administratively move the date of that second CMC, or possibly the first CMC of the comprehensive Zoning By-law appeal, to have the matters heard at the same time. For present scheduling purposes, however, a second CMC of the current matter shall be scheduled to deal with the draft PO and possibly address consolidation considerations associated with the comprehensive Zoning By-law appeal.
SECOND CMC
9Upon request of the parties, the Tribunal set a second CMC hearing commencing on Tuesday, March 28, 2023, at 10:00 a.m. by VH. No further Notice is required.
10The hearing is scheduled to proceed by video as follows:
https://global.gotomeeting.com/join/638422541
Access Code: 638 422 541
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) 497-9391. The Access Code is as indicated above.
12Parties 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.
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
14Individuals 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
15THE TRIBUNAL ORDERS that:
The date and particulars of the second CMC are set out above;
Neal Irwin and Rajbir Randhawa are granted Participant status; and
Mr. Randhawa has until December 19, 2022, to serve and file a Participant Statement with the Tribunal.
16The 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: 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.