Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 2, 2022
CASE NO(S).: OLT-21-001233
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Sifton Properties Ltd.
Subject: By-law No. 2021- 059
Municipality: Middlesex Centre
OLT Case No.: OLT-21-001233
OLT Lead Case No.: OLT-21-001233
OLT Case Name: Sifton Properties Ltd. v. Middlesex Centre (Municipality)
Heard: March 18, 2022 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Sifton Properties Ltd. (“Appellant”) | Analee Baroudi |
| Municipality of Middlesex Centre | Wayne Meagher |
| Goldleaf Properties (“Applicant”) | Jon Barnett, Cindy Read |
DECISION DELIVERED BY D. CHIPMAN AND ORDER OF THE TRIBUNAL
Introduction
1This was the first Case Management Conference (“CMC”) on an appeal filed by Sifton Properties Ltd. (“Appellant”) on an application for a Zoning By-law Amendment (“ZBA”) filed by Goldleaf Properties (“Applicant”) to the Middlesex Centre Comprehensive Zoning By-law No. 2005-005 pursuant to s. 34(19) of the Planning Act.
2The Subject Property/Lands is municipally known as 311 George Street in Middlesex Centre.
3The Applicant requested to rezone the lands to a site-specific ‘Urban Residential third Density (UR3-15)’ zone to permit 43 townhouse dwelling units and 2 semi-detached dwelling units.
4The zone standards also address side and rear lot line setbacks and maximum height. The amendment also places a “Hold” on the property to require the owner to enter into a site plan agreement with the municipality before any development can occur on the lands.
5Staff recommended approval and the ZBA was approved by the municipality.
6The Appellant is the developer of the Timberwalk subdivision immediately to the west and south of the Subject Lands. During the Timberwalk development, the Appellant constructed a turning circle at the north end of Mossy Wood Walk on Lot 6, Plan 33M-728 for the future extension of the road when the Subject Property would eventually be developed. This extension was intended to provide a direct access from George Street to Mossy Wood Walk and Song Bird Lane.
7The Tribunal heard from the Appellant that once Mossy Wood Walk is extended, the turning circle would be removed. This would allow for an existing residential lot at the corner of Mossy Wood Walk and Violet Court to be developed by the Appellant.
8The Tribunal heard that the Applicant's proposed site plan, as presented to Council, creates a permanent turning circle therefore rendering Lot 6 undevelopable by the Appellant. The ZBA that was passed by Council included the application of a holding symbol (h-2) to require that a site plan agreement be entered into with the Municipality.
REQUEST FOR A WRITTEN HEARING OR SETTLEMENT
9The Tribunal was informed by the Parties that ongoing, progressive discussions were taking place to bring this matter to a resolution. The Parties indicated that they were “very close” to coming to a Settlement and requested that a Motion of Settlement in writing be forwarded to the Case Coordinator, inclusive of the necessary supplementary documents, in support of the Settlement for the Tribunal’s consideration and written decision.
10The Tribunal during this CMC approved the request from the Parties that this matter proceed in writing. The Tribunal, as of the date of this Decision, has not received any correspondence furthering either the mentioned Settlement or a request for a Hearing of the Merits.
11After several attempts to communicate with the Parties made by the Case Coordinator since the CMC and having received no indication of where this matter now stands between the Parties, and where the time of the Tribunal, which warrants the respect of Parties seeking assistance, is in great demand, the Tribunal will adjourn this matter sine die until such a time as the Parties come to an agreement on how they wish to proceed and notify in writing to the Case Coordinator on their expected next steps.
ORDER
12The Tribunal Orders that this matter is adjourned sine die.
“D. Chipman”
D. CHIPMAN 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.