Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 23, 2023
CASE NO(S).: OLT-22-002075
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant: Sarah Curtosi
Subject: Zoning By-law
Description: Municipally initiated ZBLA to establish regulations on Cannabis Cultivation and Cannabis Production Facilities
Reference Number: BL 21-78
Property Address: Town Wide
Municipality/UT: Clearview/Simcoe
OLT Case No: OLT-22-002075
OLT Lead Case No: OLT-22-002075
OLT Case Name: Curtosi v. Clearview (Township)
Heard: September 20, 2023 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Sarah Curtosi | Raj Kehar |
| Township of Clearview | Harold Elston and Carly Emmett |
MEMORANDUM OF ORAL DECISION DELIVERED BY K.R. ANDREWS ON September 20, 2023 AND ORDER OF THE TRIBUNAL
Decision and order
1This appeal concerns the passing of By-law No. 21-78 of the Township of Clearview (“Township”), which purports to regulate cannabis operations in the Township.
2Disposition of the matter has come before the Tribunal as a settlement motion. The Tribunal confirms that it has received, reviewed and considered the following materials and submissions:
i. the uncontested opinion evidence of Adam Layton, a Registered Professional Planner and full member of the Canadian Institute of Planners, contained in his comprehensive affidavit sworn September 18, 2023 (marked as Exhibit 3);
ii. the Appellant’s Document Book dated September 20, 2023 (marked as Exhibit 4);
iii. Participant Statements in the names of 2654776 Ontario Inc. and to 12904527 Canada Inc.; and,
iv. the Parties’ oral submissions in support of the settlement.
3The Tribunal understands that the aforementioned sworn affidavit evidence of Mr. Layton reflects revisions to the application before the Tribunal that were reached through the cooperative efforts of all remaining Parties, noting that both Joan Eakin and Christopher Hoffman withdrew as parties prior to the present hearing.
4The Tribunal accepts the opinion evidence of Mr. Layton as presented in his affidavit and similarly finds that the subject application, as revised, has regard to those applicable matters of provincial interest found in section 2 of the Planning Act, is consistent with the Provincial Policy Statement, 2020, conforms to the A Place to Grow; Growth Plan for the Greater Golden Horseshoe, 2020, County of Simcoe Official Plan and the Township of Clearview Official Plan, and otherwise reflects principles of good land use planning.
5THE TRIBUNAL ORDERS THAT:
The appeal is allowed, in part, and the Zoning By-law Amendment set out in Attachment 1 to this Interim Order, is hereby approved in principle.
The Tribunal will withhold the issuance of its Final Order contingent upon confirmation of the Parties that the following matters have been resolved:
i. A final site plan application has been filed with the Township, having regard to the requirements of By-law Nos. 08-06 and 07-17 (as amended by By-law No. 22-100), that is substantially in accordance with the conceptual site plan found at Attachment 2, being the Tatham Engineering Site Plan dated April 2020 and revised September 12, 2023 (the “Conceptual Site Plan”); and,
ii. The Tribunal has received, and approved, the Zoning By-law Amendment submitted in a final form, confirmed to be satisfactory to the Parties, which Zoning By-law Amendment shall authorize the proposed development and the requisite site plan approval required to permit the proposed development, which site plan shall be substantially in accordance with the Conceptual Site Plan.
The Panel Member will remain seized for the purposes of reviewing and approving the final draft of the Zoning By-Law Amendment and the issuance of the Final Order.
If the Parties do not submit the final draft of the Zoning By-law Amendment, as set out in subparagraph 2(b) above, by Friday, March 22, 2024, the Applicant and the Township shall provide a written status report to the Tribunal by that date, as to the timing of the expected confirmation and submission of the final form of the Zoning By-law Amendment for the Tribunal’s approval and issuance of its Final Order.
The Tribunal may, as necessary, arrange the further attendance of the Parties by Telephone Conference Call to determine the additional timelines and deadline for the submission of the final form of the Zoning By-law Amendment and the issuance of the Final Order.
“K.R. Andrews”
K.R. ANDREWS
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.
ATTACHMENT 1
ATTACHMENT 2