Ontario Land Tribunal
Tribunal ontarien de l’aménagement
du territoire
ISSUE DATE:
April 19, 2022
CASE NO(S).:
OLT-21-001368
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
Windfall GP Inc. and Windfall Limited Partnership Windfall
Subject:
Application to amend Zoning By-law 2018-65 neglect of Town of The Blue Mountains to make a decision
Existing Zoning:
Residential 'Rl-3-62-h19'
Proposed Zoning:
Residential 'Rl-3-62-h19' (no change)
Purpose:
Increase from 609 units to 659 units
Property Address/Description:
Part of Lot 16 Concession 1, formerly Township of Collingwood, now Town of The Blue Mountains
Municipality:
Town of The Blue Mountains
Municipality File No.:
ZBA-2015-06
OLT Case No.:
OLT-21-001368
OLT Lead Case No.:
OLT-21-001368
OLT Case Name:
Windfall GP Inc. v. The Blue Mountains (Town)
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
Windfall GP Inc. and Windfall Limited Partnership Windfall
Subject:
Proposed Plan of Subdivision - Failure of Grey County to make a decision
Purpose:
Increase from 609 units to 659 units
Property Address/Description:
Part of Lot 16 Concession 1, formerly Township of Collingwood, now Town of The Blue Mountains
Municipality:
Grey County
Municipality File No.:
42T-2010-03
OLT Case No.:
OLT-21-001369
OLT Lead Case No.:
OLT-21-001368
Heard:
April 1, 2022 by video hearing
APPEARANCES:
Parties
Counsel
Windfall GP Inc. and Windfall Limited
David White
Partnership (“Applicant/Appellant”)
Town of The Blue Mountains (“Town”)
Matthew Helfand
County of Grey (“County”)
Jill Sampson
MEMORANDUM OF ORAL DECISION DELIVERED BY T.F. NG ON APRIL 1, 2022 AND ORDER OF THE TRIBUNAL
1This is the first Case Management Conference (“CMC”) for these appeals held as a video hearing.
2The Applicant/Appellant proposed to make revisions to an existing draft approved subdivision plan known as “Windfall”. The revisions would increase the total number of residential units within Phase 6 of the development to 166 dwellings comprising 58 single detached and 108 semi-detached units. The overall residential units within the Windfall Development would increase from 609 to 659 units. A zoning by-law amendment application was submitted to the Town in order to reflect the proposed increase in the number of units from 609 to 659. No other changes to the applicable zoning by-law provisions are proposed.
3The Affidavit of Service and Notice of CMC is on the Tribunal’s file and now marked as Exhibit 1.
PARTY/PARTICIPANT STATUS
4One participant status request by Carl Spiess was granted by the Tribunal without objections.
MEDIATION
5Counsel for the Applicant informed the Tribunal that discussions are ongoing which hopefully could lead to a settlement. However, counsel stated that their respective clients have given no instructions for a Tribunal-led mediation.
DRAFT ISSUES LIST AND DRAFT PROCEDURAL ORDER
6Mr. White referred to the Draft Procedural Order and the Draft Issues List that were filed with the Tribunal. The drafts were consented to by the Town, but there was insufficient time to obtain the views of the County. However, at the CMC, counsel for the County confirmed she had briefly reviewed the drafts and will work with fellow counsels to settle the Issues List and Procedural Order.
7The Applicant expects to call two witnesses and the Town and the County will call one witness each. The parties requested for a 3-day hearing to be fixed and are aware that a hearing will likely be fixed in 2023.
8The Tribunal will fix a 3-day hearing for the appeals.
9Parties are directed to forward the Procedural Order with all timelines filled in together with the list of issues which shall be provided to the Case Coordinator on or before April 15, 2022.
HEARING DETAILS
10A three-day Hearing will commence at 10 a.m. on Wednesday, January 11, 2023 to Friday, January 13, 2023 by video hearing:
https://meet.goto.com/519389173
Access Code: 519-389-173
11Parties 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.
12Parties 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.
13Persons 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 as indicated above.
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 video hearing 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 as follows:
a. The Hearing is scheduled for three days by video from Wednesday, January 11, 2023 to Friday, January 13, 2023.
b. The parties shall provide the Procedural Order to the Case Coordinator on or before Friday, April 15, 2022.
c. The Procedural Order shall govern the proceedings.
16There will be no further notice.
17The Member is not seized.
18The Tribunal so orders.
“T.F. Ng”
T.F. ng
MEMBER
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.