Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 30, 2022
CASE NO(S).: OLT-21-001684
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: FarSight Investments Ltd.
Subject: Application to amend Zoning By-law No. 03-57 - Refusal or neglect of Township of Adjala-Tosorontio to make a decision
Existing Zoning: C1 Restricted Commercial Zone
Proposed Zoning: Hamlet Residential One Exception 25 (HR1-25), Hamlet Residential One Exception 26 (HR1-26), Hamlet Residential One Exception 27 (HR1-27), Hamlet Residential Two Exception 3 (HR2-3), Open Space Recreation Exception 3 (OSR-3), Open Space Recreation Exception 4 (OSR-4), Open Space Conservation Exception 3 (OSC-3) & Institutional Exception 4 (I-4)
Purpose: To permit construction of a subdivision to allow for 823 detached single-family dwellings and 415 attached single-family dwellings
Property Address/Description: 6373 County Road 13
Municipality: Township of Adjala-Tosorontio
Municipality File No.: Z/07/21
OLT Case No.: OLT-21-001684
OLT Lead Case No.: OLT-21-001684
OLT Case Name: FarSight Investments Ltd. v. Adjala-Tosorontio (Township)
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: FarSight Investments Ltd.
Subject: Proposed Plan of Subdivision - Failure of Township of Adjala-Tosorontio to make a decision
Purpose: To permit construction of a subdivision to allow for 823 detached single-family dwellings and 415 attached single-family dwellings
Property Address/Description: 6373 County Road 13
Municipality: Township of Adjala-Tosorontio
Municipality File No.: D12/FAR/21
OLT Case No.: OLT-21-001685
OLT Lead Case No.: OLT-21-001684
Heard: October 27, 2022 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| FarSight Investments Ltd. | Jennifer Meader |
| Township of Adjala-Tosorontio | Isaac Tang and Lee English |
| Simcoe County | Marshall Green |
| Simcoe County District School Board | Brad Teichman and Michael Cara |
MEMORANDUM OF ORAL DECISION DELIVERED BY HUGH S. WILKINS ON OCTOBER 27, 2022 AND ORDER OF THE TRIBUNAL
1On October 27, 2022, the Tribunal held a Case Management Conference (“CMC”) regarding the appeals brought by FarSight Investments Ltd. (“Appellant”) regarding the failure of the Township of Adjala-Tosorontio (“Township”) to make decisions on the Appellant’s applications for a Zoning By-law Amendment and a draft Plan of Subdivision relating to the property located at 6373 County Road 13 near Everett.
2At the CMC, the Tribunal addressed a request for Party status and the scheduling of a further CMC.
3The Simcoe County District School Board (“School Board”) requested Party status. The School Board stated that it would be directly impacted by the outcome of the appeal. It stated that, if the appeals are successful, the proposed development would result in roughly 1,238 new residential units and require the need for a new elementary school in the area. None of the Parties objected to the School Board’s request for status. The Tribunal found that there are reasonable grounds for adding the School Board as a Party and granted it Party status as requested.
4The Appellant stated that it recently applied to the Township for an Official Plan Amendment associated with the proposed development. It requested the scheduling of a further CMC in March 2023 at which a possible appeal regarding the proposed Official Plan Amendment could be addressed along with the present matters. The Appellant stated that a final draft Procedural Order and Issues List could be addressed by the Tribunal regarding all of the associated proceedings at the next CMC.
5The Tribunal directed that a further CMC shall be held by video hearing on Tuesday, March 28, 2023, commencing at 10 a.m.
https://global.gotomeeting.com/join/687587165
Access code: 687-587-165
6Parties 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
7Persons 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 687-587-165.
8Individuals 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.
9The Tribunal requests that the Parties file a draft Procedural Order and Issues List with the Tribunal prior to the next CMC.
ORDER
10The Tribunal orders that the Simcoe County District School Board is a Party in these proceedings.
11This Member is not seized.
12There will be no further notice.
“Hugh S. Wilkins”
HUGH S. WILKINS VICE-CHAIR
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.