Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 06, 2022
CASE NO(S).: OLT-21-001249
PROCEEDING COMMENCED UNDER section 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant: Haugens BBQ Limited o/a Haugen's Barbequed Chicken Ribs
Applicant: 1997373 Ontario Ltd.
Subject: Zoning By-law 29-21
Description: ZBA to facilitate the rezoning of 13801 Hwy 12 to Highway Commercial (C4) to permit a self storage facility
Reference Number: Z/12/2020
Property Address: 13751 Highway 7/12
Municipality/UT: Scugog/Durham
OLT Case No: OLT-21-001249
OLT Lead Case No.: OLT-21-001249
OLT Case Name: Haugens Chicken and Ribs v. Scugog (Township)
Heard: May 3, 2022 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Sean and Kelly O’Connor (the "Applicant") | R. Worboy |
| Haugens BBQ Limited (the "Appellant") | R. Uukkivi |
| Township of Scugog (the "Township") | M. Joblin |
MEMORANDUM OF ORAL DECISION DELIVERED BY M. RUSSO ON MAY 3, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This matter before the Ontario Land Tribunal was scheduled as a four (4)-day Hearing of the Merits and was set to commence today (May 3, 2022), with respect to an appeal filed under s. 34(19) of the Planning Act (the "Act").
2Prior to this Hearing commencing, the Parties chose to seek an adjournment of the scheduled Hearing and instead request that a Case Management Conference (the "CMC") proceed in advance of a Hearing of the Merits. The Tribunal granted those requests, and thus, these proceedings were conducted as a first CMC for the matter.
BACKGROUND
3Council for the Township passed By-law No. 29-21 on June 28, 2021 pursuant to Section 34 of the Act. The affected property is legally described as Part of Lot 13, Concession 4, (13751 Highway 7/12), in the Township, Region of Durham (the "Region") (the "subject lands").
4The purpose of this by-law is to amend current Township By-law No.14-14 and rezone the subject lands to Highway Commercial (C4) with exceptions to also permit a self-storage facility on the rear portion of the property in addition to the range of other uses permitted in the C4 zone and to remove motor vehicle wash as a permitted use since no municipal water or sanitary services are available to the site.
5Further, the intent is to rezone the subject lands to add more options for future development of the lands. There is no specific development proposal at this time. A Site Plan Application will be required in the future to facilitate any development on this property in accordance with this Zoning By-law.
6The Appellant having delegated and provided input to Council throughout the Application process, disagreed with Council’s decision and chose to appeal the passing of the Zoning By-law Amendment on the subject lands to the Tribunal.
THE CMC
7Having recognized the statutory Parties in this matter, the Tribunal canvassed the attendees of the video hearing if anyone else sought status, either as Party or Participant. No others came forward.
8The Tribunal having been provided the Affidavit of Service for the scheduled Hearing, marked the item as Exhibit 1.
9Counsel for the Appellant, Raivo Uukkivi advised the Tribunal that discussions have been ongoing between the Parties, however, issues arising led the Parties to conclude that more time was required to scope and refine matters. Their hopes are to either decrease the number of Hearing days required, (if and when the Hearing of the Merits is heard by the Tribunal) or possibly settle the matter entirely.
10Mr. Uukkivi, as indicated, felt the matter required some further time and discussion. He also suggested a Draft Procedural Order ("DPO") be worked on by the Parties and provided to the Tribunal to better distill the issues. Both Ronald Worboy for the Applicant and Mark Joblin for the Township concurred with this methodology.
11The Tribunal having considered the matter agreed with the methodology and scheduled a four (4)-Day Hearing of the Merits. The Parties agreed to advise the Tribunal at the earliest possible time, if the scooping of the issues results in the Parties requiring fewer days or if settlement of the matter is reached.
12The Member did advise the Parties that consideration should be given to mediation for this matter. They are open to consider all options, however, Tribunal led mediation is an option that is available to them, if so desired.
DRAFT PROCEDURAL ORDER
13The Parties have agreed to submit in writing a joint DPO with a defined Issues List to the Tribunal within two weeks of this CMC Decision being issued.
14The Tribunal directed that the DPO may be dealt with and approved administratively through the case coordinator assigned to this matter. This provides the Parties the latitude to review and discuss the DPO with the case coordinator without the revisions requiring the Member’s input.
ORDER
15The Tribunal orders that a Hearing for this matter is scheduled to proceed by video and will commence at 10 a.m. on Tuesday, July 12, 2022 for (4) four days.
16Parties 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:
https://global.gotomeeting.com/join/344779885
Access code: 344-779-885
17Parties 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
18Observers are to participate with audio only enabled. Join the event via telephone conference by calling: +1 (647) 497-9391 or Toll Free 1-888-455-1389. When prompted, enter the code 344-779-885 to be connected to the call.
19Individuals 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.
20The Parties are further ORDERED to submit in writing a joint DPO with a defined Issues List to the Tribunal on or before Friday, May 20, 2022.
21No further notice is required
22The Member is not seized.
23So Orders the Tribunal
"M. Russo"
M. russo
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.