Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 20, 2022
CASE NO(S).: OLT-21-001619
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 2006316 Ontario Inc.
Subject: Application to amend Zoning By-law No. 2000-02 - Refusal or neglect of Town of Penetanguishene to make a decision
Existing Zoning: Deferred Development Zone
Proposed Zoning: Residential Third Density Holding Exception (R3-H-XX) Zone, Residential Fourth Density Holding Exception (R4-H-XX) Zone, and Open Space (OS) Zone
Purpose: To facilitate the development of a 33-lot residential subdivision for townhouses having twenty-two (22) freehold townhomes and eleven (11) rental townhomes in six (6) blocks
Property Address/Description: 123 Robert Street East
Municipality: Town of Penetanguishene
Municipality File No.: Z.A.3/21
OLT Case No.: OLT-21-001619
OLT Lead Case No.: OLT-21-001619
OLT Case Name: 2006316 Ontario Inc. v. Penetanguishene (Town)
Heard: June 9, 2022 by Video Hearing
APPEARANCES:
Parties
Counsel
2006316 Ontario Inc.
David White
Town of Penetanguishene
Alexandra Whyte
Quinto Annibale, in absentia
County of Simcoe
Marshall Green, in absentia
MEMORANDUM OF ORAL DECISION DELIVERED BY C. HARDY AND M. ARPINO ON JUNE 9, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the second Case Management Conference (“CMC”) respecting an appeal by 2006316 Ontario Inc. (“Applicant”) from the failure of the Town of Penetanguishene (“Town”) to make a decision within the statutory timeframe pursuant to s. 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended (“Act”).
2This second CMC was scheduled by the Tribunal, at the first CMC conducted on May 3, 2022. The purpose of the additional CMC was to finalize the Procedural Order (“PO”) and Issues List, and to set hearing dates.
3In advance of the CMC, the Tribunal was notified by the County of Simcoe (“County”) that their involvement would be limited to maintaining a “watching brief” to ensure that the County standards for waste management were incorporated into any approved design. The County did not attend the CMC.
PRELIMINARY MATTERS
4At the outset of the CMC, the Applicant advised the Tribunal that the Parties had reached a settlement in principle. The Parties jointly requested that the Tribunal set a one-day settlement hearing, where the Applicant would present evidence through its planning witness.
5The Parties advised the Tribunal that a new zoning by-law had been passed by the Town, which would form part of the settlement hearing. The Town confirmed that the appeal period for the new by-law ends June 30, 2022. The Town further confirmed that the settlement does not need to go to Town Council for approval.
6The Town will provide the Tribunal with an update confirming whether any appeals of the new zoning by-law were filed with the Town during the appeal period. The Tribunal directed that the Town provide this update to the Tribunal on or before July 8, 2022.
7Anthony Huguenin was awarded Participant status at the first CMC. Mr. Huguenin advised the Tribunal that it was unclear how many units were the subject of the appeal. The Tribunal advised Mr. Huguenin that any concerns he has must be submitted to the Tribunal in writing and form part of his Participant statement. The Tribunal directed that Participant statements be submitted to the Tribunal on or before June 16, 2022.
8The Tribunal suggested that the Town have a discussion with Mr. Huguenin regarding the number of units in order to potentially alleviate his concern.
SETTLEMENT HEARING
9The Tribunal scheduled a one-day settlement hearing to be held by video hearing on Tuesday, August 23, 2022, commencing at 10 a.m.
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.
14The Tribunal directed the Parties to file settlement documents, including witness statements, with the Tribunal on or before August 16, 2022.
ORDER
15The Tribunal orders that Participant statements in this matter are to be filed with the Tribunal on or before June 16, 2022.
16The Tribunal orders that the Town of Penetanguishene provide the Tribunal with a status update on or before July 8, 2022, confirming whether any appeals to the new zoning by-law were filed with the Town of Penetanguishene.
17The Tribunal orders that the Parties file settlement documents with the Tribunal on or before August 16, 2022.
18The Tribunal orders that the settlement hearing in this matter is scheduled on Tuesday, August 23, 2022 commencing at 10 a.m.
19No further notice is required.
20This Panel is not seized.
“C. Hardy”
c. hardy
MEMBER
“M. Arpino”
M. arpino
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.