Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 08, 2022
CASE NO(S).: OLT-21-001379
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Subject: Site Plan
Referred by: College Ave LP/MDRB Development Inc.
Property Address/Description: Plan 16B, Blk 12: Pt Lot 8, Parts 2, 7 and 8 and Blk R: Lot 10; RP 37R-10055
Municipality: Norfolk County
Municipal File No.: Roll Number: 54400108400
OLT Lead Case No.: OLT-21-001379
OLT Case No.: OLT-21-001379
OLT Case Name: College Ave LP/MDRB Development Inc. v. Norfolk (County)
Heard: February 2, 2022 by video hearing ("VH")
APPEARANCES:
| Parties | Counsel |
|---|---|
| College Ave LP/MDRB Development ("Appellant/Applicant") | Leo F. Longo |
| Norfolk County ("County") | Thomas Sanderson |
MEMORANDUM OF ORAL DECISION DELIVERED BY K.R. ANDREWS ON FEBRUARY 2, 2021 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1A three-day hearing with respect to this matter was scheduled to commence on February 2, 2022, being an appeal of the County’s refusal to process the Applicant’s Site Plan Approval application. The purpose of the application is to facilitate a group of townhouses located southwest of Price Street and College Avenue in Port Rowan, Ontario. The scope of the proposed development includes 108 residential dwelling units in the form of group townhouses, landscaped area and a pedestrian pathway along the northern boundary. A Major Site Plan Application is required.
2By letter dated August 6, 2021, the County deemed the application premature for the following stated reasons:
- The Port Rowan Municipal Drinking Water System is NOT capable of meeting additional future needs of the community without increasing water capacity.
- All new development applications for lands located within the Urban Area of Port Rowan - urban settlement boundary are currently deemed premature and deferred in accordance with policy 8.9.3 of the Official Plan until such time that measures to expand water supply capacity are developed and approved by the Council.
3Prior to the commencement of the hearing, the parties informed the Tribunal that a resolution of the issues / most of the issues is promising, specifically stating:
Our ongoing settlement discussions will need to be reported to County Council for instructions and directions. The next scheduled Council meeting dates are February 15, March 8 and, if required, March 22. Through this process, we will be able to scope, if not completely resolve the few remaining issues we have identified on the attached site plan agreement.
4As a result, the Tribunal found it prudent to convert the present hearing into a Case Management Conference (“CMC”), release the other two days scheduled for the hearing, and schedule a future one-day hearing as either a settlement hearing or hearing on the merits to determine any remaining outstanding issues.
Requests for Status
5There were no requests for status.
MEDIATION AND SETTLEMENT
6As described above, the parties are engaged in ongoing settlement discussions.
HEARING
7Upon request of the parties, the Tribunal set a one-day hearing commencing on Friday, April 1, 2022 at 10 a.m. by VH. No further Notice is required for the hearing.
8Parties and participants are asked to log into the VH at least 15 minutes before the start of the event to test their video and audio connections:
https://meet.goto.com/709076365
Access Code: 709-076-365
9Parties 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.
10Persons 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.
11Individuals 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 VH 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
12The Tribunal Orders that:
- The date and particulars of the hearing are set out above; and
- 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: 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.