Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 12, 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 File 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-21-001684
OLT File No.: OLT-21-001685
Heard: May 10, 2022 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| FarSight Investments Ltd. (Appellant/Applicant) | Jennifer Meader |
| Township of Adjala-Tosorontio | Aaria Rahim |
| Simcoe County | Marshall Green |
MEMORANDUM OF ORAL DECISION DELIVERED BY K.R. ANDREWS ON MAY 10, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) respecting an appeal by the Applicant following the Township of Adjala-Tosorontio’s neglect/failure to render a decision respecting applications for a Zoning By-law Amendment (“ZBA”) and Draft Plan of Subdivision (“DPS”) approval to permit construction of a subdivision consisting of 823 detached single-family dwellings and 415 attached single-family dwellings.
2At the outset of the hearing, counsel for the Applicant informed the Tribunal that, through discussions with the municipalities respecting the prospects of an Issues List and draft Procedural Order, the Applicant learned that the municipalities are taking the position that an Official Plan Amendment (“OPA) is also required to permit the proposed development. At issue is an interpretation of population figures within OPA 8, which is the OPA passed to designate the subject property for residential purposes.
3While the Applicant made it clear that it does not agree with the municipalities’ interpretation of OPA 8, it is nevertheless prepared to bring an application for an OPA to satisfy the municipalities. The Applicant informed the Tribunal that such an OPA application is imminent.
4With this in mind, the Applicant suggested that the present CMC be stood down until such time as the proposed OPA application can be filed with the municipality and (presumably) appealed to the Tribunal, to be heard at the same time as the present ZBA and DPS appeals. The other parties agreed.
Service of Notice of CMC
5There 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
6There were no requests for either party or participant status.
MEDIATION AND SETTLEMENT
7The Tribunal explored the possibility of mediation and settlement with the parties. The parties agreed that, given the outstanding applicant for an OPA, it is premature to discuss settlement options or consider Tribunal-led mediation.
PROCEDURAL ORDER AND ISSUES LIST
8It is obviously prudent to await filing of the impending OPA application/appeal before considering a draft Procedural Order or Issues List.
Second CMC HEARING
9Upon request of the parties, the Tribunal set a second CMC to be heard on Thursday, October 27, 2022, commencing at 10 a.m. by Video Hearing. No further Notice is required for the present ZBA and DPS matters, but will presumably be required for a future OPA appeal.
10Parties 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/656004293
Access code: 656-004-293
11Parties 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
12Persons 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: +1 (647) 497-9373 or Toll Free 1-888-299-1889. The access code is 656-004-293.
13Individuals 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
14The Tribunal Orders that:
a. The date and particulars of the second CMC are set out above; and
b. The 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.