Ontario Land Tribunal
Tribunal ontarien de l’aménagement
du territoire
ISSUE DATE:
January 27, 2022
CASE NO(S).:
OLT-21-001101
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
Friends of South Shore (FOSS)
Subject:
Proposed Official Plan Amendment OPA2-2018
Purpose:
To permit a 337-unit park model trailer site on a 38.6 hectare parcel of land along the shore of Soup Harbour
Property Address/Description:
558 Wellbanks Road
Municipality:
Prince Edward County
OLT Lead Case No.:
OLT-21-001101
OLT Case No.:
OLT-21-001101
OLT Case Name:
Friends of South Shore (FOSS) v. Prince Edward (County)
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
Friends of South Shore (FOSS)
Subject:
By-law No. Z25-18
Property Address/Description:
558 Wellbanks Road
Municipality:
Prince Edward County
OLT Lead Case No.:
OLT-21-001101
OLT Case No.:
OLT-21-001102
Heard:
January 14, 2022 by video hearing
APPEARANCES:
Parties
Counsel
Fourward Holdings Inc.
Patrick Harrington
Prince Edward County
Darrell Mast
Jennifer Savini (in absentia)
Friends of South Shore
David Donnelly
(hereafter referred as “FOSS”)
MEMORANDUM OF ORAL DECISION DELIVERED BY M. RUSSO ON JANUARY 14, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the second Case Management Conference (“CMC”) in the matter of appeals by FOSS of the passing by the Council of Prince Edward County of an Official Plan Amendment (“OPA2-2018”) and a Zoning By-law Amendment (“ZBL Z25-18”) for the lands owned by Fourward Holdings Inc. (the “Applicant”) and located at 558 Wellbanks Road (the “subject property”).
2The subject property is comprised of a 38.6-hectare land parcel along the shoreline of Soup Harbour. The Applicant proposes to develop the property with a 337-unit model trailer park.
3OPA2-2018 redesignates the lands from “Rural” to “Shore Land”. The purpose and effect of ZBL Z25-18 is to change the zoning of the property from Rural 2 (RU2) to Special Trailer Commercial (TPC).
4The first CMC established the Parties and Participants for this matter. Also discussed was the availability and option of mediation services offered by the Tribunal and the Draft Procedural Order (the “DPO”) that was provided to the Tribunal. The Parties concluded and agreed that the DPO still required work before Tribunal consideration, and sought a second CMC.
The Second CMC
5The remaining items to be dealt with at this second CMC were the establishing of dates for the Hearing of the Merits and Tribunal approval of the DPO that would govern the procedural aspects of the Hearing, as well as issues contested by the Parties.
6The Parties were jointly of the opinion that approximately 15 days were required for the Hearing, with consideration of the issues that were to be contested and the number of witnesses (5-6 experts) proposed to be called before the Tribunal.
7The Parties also were in agreement that the DPO in its final form would be provided to the Tribunal for its approval, in a timely manner, once the dates of the Hearing were provided, thus allowing the remainder of the DPO to be completed subsequent to those dates being confirmed.
CONCLUSION
8Having considered the discussion during this second CMC and having been provided details of the first CMC (regarding the issues, potential mediation and finalizing the DPO), the Tribunal has determined that it would be reasonable to schedule the hearing for 14 days.
9The Tribunal has provided the Parties two weeks to revise and finalize the DPO and submit to the Tribunal for final approval.
ORDER
10The Tribunal orders a hearing by video, scheduled to commence at 10 a.m. on Tuesday, November 22, 2022 for 14 days, as follows:
https://global.gotomeeting.com/join/979388733
Access Code: 979-388-733
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 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.
15On or before January 28, 2022, the Parties shall provide a joint DPO and Issues List to the assigned Case Coordinator for final review and approval of the Member, highlighting any items that may require the Tribunal’s assistance to finalize.
16The Parties shall provide at least 10 days’ notice to the Tribunal prior to the hearing date in the event that fewer hearing dates are agreed upon by the Parties or if settlement has been entered into by the Parties.
17The Member is not seized for the purposes of hearing the appeal, but may be contacted through the Case Coordinator should issues arise.
18No further notice of the hearing is required.
“M. Russo”
M. russo
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.