Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
October 24, 2023
CASE NO(S).:
OLT-23-000308
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant
VAD Retail Limited
Subject:
Request to amend the Official Plan – Failure to adopt the requested amendment
Description:
OPA to permit the development of l l three-storey townhouse units and a seniors' campus
Reference Number:
COPA 2022-0003
Property Address:
46 Stevens Road
Municipality/UT:
Clarington/Durham
OLT Case No:
OLT-23-000308
OLT Lead Case No:
OLT-23-000308
OLT Case Name:
VAD Retail Limited v. Clarington (Municipality)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Subject:
Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description:
ZBA to permit the development of l l three-storey townhouse units and a seniors' campus
Reference Number:
ZBA 2022-0019
Property Address:
46 Stevens Road
Municipality/UT:
Clarington/Durham
OLT Case No:
OLT-23-000309
OLT Lead Case No:
OLT-23-000308
Heard:
July 10, 2023 by Video Hearing
APPEARANCES:
Parties
Counsel
VAD Retail Limited
Evan Barz/Chris Barnett
Municipality of Clarington
Mark Joblin
Region of Durham
Robert Woon
MEMORANDUM OF ORAL DECISION DELIVERED BY CARMINE TUCCI ON JULY 10, 2023 AND ORDER OF THE TRIBUNAL
1The matter before the Ontario Land Tribunal (“Tribunal”), was with respect to the appeals of the non-decision of the City of Toronto (“City”) regarding applications to amend the Zoning By-law and an Amendment to the Municipality’s Official Plan.
2VAD Retail Limited (VAD) filed applications for an Official Plan Amendment and Zoning By-law Amendment with Clarington (File Nos. COPA2022-0003 and ZBA2022-0019) (together, "Applications"). The Official Plan Amendment would redesignate the Subject Property to Medium Density Residential, and the Zoning By-law Amendment would rezone the subject property to Mixed Use (MU3) Zone.
3Through the Applications, VAD seeks to permit the development of l l three-storey townhouse units and a seniors' campus (comprised of an assisted care building and seniors’ condominium residence) ("Proposed Development"). The assisted care portion consists of a connected seven and eight-storey component, with a three-storey central amenity facility. The seniors' condominium consists of 289 units within ten-storeys and is proposed to be connected to the assisted care facility via an above-ground bridge.
4The Municipality’s Council failed to make a decision within the statutory timeframe.
5The purpose of the Case Management Conference (“CMC”) was to receive status updates from all parties and to organize the hearing of these appeals.
6An Affidavit of Service sworn by Simon Oliveira was received and marked as Exhibit 1.
7The Tribunal was presented with the following requests for Status.
Party Status requests:
Region of Peel
Thornsten Koseck
Participant Status:
- Glen Jager
8The Tribunal granted Party status to the region of Peel and Participant status to Thornsten Koseck and Glen Jager.
9The Tribunal was informed that the parties are seeking a second CMC, to which updates to the file will be made available from the Monday, October 23, 2023, Municipal Council meeting.
10A draft Procedural Order and Issues List will be provided to the Tribunal.
11The Tribunal hereby schedules a second CMC commencing on Tuesday, November 7, 2023, at 10 am.
12The Parties and Participants are asked to log into the video hearing at 15 minutes before the start of the event to test their video and audio connections:
https://meet.goto.com/558205565
Access code: 558-205-565
13Parties 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.
14Persons 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 558-205-565.
15No further notice will be given.
16The Member is not seized.
17So Orders the Tribunal.
“Carmine Tucci”
CARMINE TUCCI
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.