Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 25, 2022
CASE NO(S).: OLT-21-001028
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: RIC (Midland Lane) Inc.
Subject: Application to amend Zoning By-law No. 2004-90 - Refusal or neglect of Town of Midland to make a decision
Existing Zoning: Residential Apartment and Residential Townhouse Holding (RA & RT-H) Zone
Proposed Zoning: Site specific Residential Apartment and Residential Townhouse zones
Purpose: To facilitate the development of a residential subdivision
Property Address/Description: Lots 35-39, SW Side of Bay Street
Municipality: Town of Midland
Municipality File No.: ZBA-04-20
OLT Case No.: OLT-21-001028
OLT File No.: OLT-21-001028
OLT Case Name: RIC (Midland Land) Inc. v. Midland (Town)
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: RIC (Midland Lane) Inc.
Subject: Proposed Plan of Subdivision - Failure of Town of Midland to make a decision
Purpose: To facilitate the development of a residential subdivision
Property Address/Description: Lots 35-39, SW Side of Bay Street
Municipality: Town of Midland
Municipality File No.: MD-T-0120
OLT Case No.: OLT-21-001028
OLT File No.: OLT-21-001029
Heard: April 1, 2022 via video hearing
APPEARANCES:
Parties
Counsel
Town of Midland
Quinto Annibale Alexandra Whyte
RIC (Midland Lane) Inc.
Robert Miller for (Susan Rosenthal, Grace O’Brien)
ADM Agri-Industries Company
Jonathan Cheng for (Andrew Elliott, Calvin Lantz)
MEMORANDUM OF ORAL DECISION DELIVERED BY JATINDER BHULLAR ON APRIL 1, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The matter before the Tribunal was the second Case Management Conference (“CMC”) for a failure to make a decision within the statutory timeframe by the Town of Midland (“Town”) under s. 34 (11) and s. 51 (34) of the Planning Act.
2RIC (Midland Lane) Inc. (“Applicant”) sought to obtain a Zoning By-law Amendment (“ZBA”) and an application of approval for a Draft Plan of Subdivision (“Draft Plan”) for the property municipally known as 650 Vindin Street (“Subject Site”). The purpose of the applications is to construct a proposed 453 dwelling units that is made up of 400 apartment units in a series of buildings ranging to a height of five (5)- storeys, and 53 townhouse units.
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3The parties informed that they continue to have constructive settlement discussions to further crystallize the issues or move towards a settlement. Whereas the Tribunal re-iterated the Tribunal mediation facilities the parties informed that they would like to continue their private discussions at the present time.
4The Parties informed the Tribunal that a draft issues list has been circulated. In order to finalize, they requested an additional two weeks at which time a final draft Procedural Order (PO) would be provided to the Tribunal. The Tribunal having considered the request, directed the party to provide the Tribunal with final draft PO on April 19, 2022.
5The Tribunal has since received the final draft PO. The approved PO is issued as Attachment 1 to this decision and shall govern the previously scheduled hearing on merits.
6The directions in this decision are so ordered.
7This Member is not seized.
“Jatinder Bhullar”
JATINDER BHULLAR
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.