Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
October 26, 2023
CASE NO(S).:
OLT-22-002091
(Formerly PL210217)
OLT-22-002100
(Formerly PL130063)
OLT-22-002115
(Formerly PL151086)
OLT-22-002147
(Formerly PL160076)
OLT-22-002084
(Formerly PL171407)
OLT-22-002079
(Formerly PL171408)
OLT-22-002076
(Formerly PL171409)
OLT-22-002171
(Formerly PL171515)
OLT-22-002085
(Formerly PL180303)
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
Bromont Homes Inc.
Appellant:
Kerry L.W. Doughty
Appellant:
Ferma Aggregates Inc.
Appellant:
Jennifer Graham; and others
Subject:
Official Plan
Municipality:
City of Kawartha Lakes
OLT Case No.:
OLT-22-002091
Legacy Case No.:
PL120217
OLT Lead Case No.:
OLT-22-002091
Legacy Lead Case No.:
PL120217
OLT Case Name:
Graham v. Ontario (Municipal Affairs and Housing)
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
J. Stollar Construction Limited
Subject:
Proposed Official Plan Amendment No. 35
Municipality:
City of Kawartha Lakes
OLT Case No.:
OLT-22-002100
Legacy Case No.:
PL130063
OLT Lead Case No.:
OLT-22-002100
Legacy Lead Case No.:
PL130063
OLT Case Name:
J. Stollar Construction Ltd v. Kawartha Lakes (City)
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
J. Stollar Construction Limited
Subject:
By-law No. D06-18-103
Municipality:
City of Kawartha Lakes
OLT Case No.:
OLT-22-002108
Legacy Case No.:
PL130064
OLT Lead Case No.:
OLT-22-002100
Legacy Lead Case No.:
PL130063
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
Catherine Gravely
Appellant:
J. Stollar Construction Limited
Appellant:
Ministry of Municipal Affairs and Housing
Subject:
Official Plan Amendment No. 15
Municipality:
City of Kawartha Lakes
OLT Case No.:
OLT-22-002115
Legacy Case No.:
PL151086
OLT Lead Case No.:
OLT-22-002115
Legacy Lead Case No.:
PL151086
OLT Case Name:
Gravely v. Kawartha Lakes (City)
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
Catherine Gravely
Appellant:
J. Stollar Construction Limited
Appellant:
Ministry of Municipal Affairs and Housing
Subject:
Proposed Official Plan Amendment No. 17
Municipality:
City of Kawartha Lakes
OLT Case No.:
OLT-22-002147
Legacy Case No.:
PL160076
OLT Lead Case No.:
OLT-22-002147
Legacy Lead Case No.:
PL160076
OLT Case Name:
Gravely v. Kawartha Lakes (City)
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
2358493 Ontario Inc.
Appellant:
BARMMAR Investments Ltd. & BMMB Investments Ltd.
Appellant:
Bromont Homes Inc.
Appellant:
Comhold Investments Ltd.; and others
Subject:
Proposed Official Plan Amendment No. OPA 13
Municipality:
City of Kawartha Lakes
OLT Case No.:
OLT-22-002084
Legacy Case No.:
PL171407
OLT Lead Case No.:
OLT-22-002084
Legacy Lead Case No.:
PL171407
OLT Case Name:
Gravely v. Kawartha Lakes (City)
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
Comhold Investments Ltd.
Appellant:
Catherine Gravely
Appellant:
J. Stollar Construction Limited
Appellant:
William Westcott
Subject:
Proposed Official Plan Amendment No. OPA 14
Municipality:
City of Kawartha Lakes
OLT Case No.:
OLT-22-002079
Legacy Case No.:
PL171408
OLT Lead Case No.:
OLT-22-002079
Legacy Lead Case No.:
PL171408
OLT Case Name:
Gravely v. Kawartha Lakes (City)
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
2358493 Ontario Inc.
Appellant:
BARMMAR Investments Ltd. & BMMB Investments Ltd.
Appellant:
Bromont Homes Inc.
Appellant:
Catherine Gravely; and others
Subject:
Proposed Official Plan Amendment No. 16
Municipality:
City of Kawartha Lakes
OLT Case No.:
OLT-22-002076
Legacy Case No.:
PL171409
OLT Lead Case No.:
OLT-22-002076
Legacy Lead Case No.:
PL171409
OLT Case Name:
Gravely v. Kawartha Lakes (City)
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicants and Appellants:
Comhold Investments, Medlaw Corporation and Mason Burch
Subject:
Request to amend the Official Plan - Failure of the City of Kawartha Lakes to adopt the requested amendment
Existing Designation:
Urban, Highway Commercial and Agricultural
Proposed Designation:
Urban
Purpose:
To permit the expansion of the existing Pinecrest nursing home and the development of 280 units within 6 four-storey condominium buildings
Property Address/Description:
3400 and 3418 CLK Road 36 and 91 Little Bob Drive
Municipality:
City of Kawartha Lakes
Approval Authority File No.:
D01-16-156
OLT Case No.:
OLT-22-002171
Legacy Case No.:
PL171515
OLT Lead Case No.:
OLT-22-002171
Legacy Lead Case No.:
PL171515
OLT Case Name:
Comhold Investments v. Kawartha Lakes (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicants and Appellants:
Comhold Investments et al
Subject:
Application to amend Zoning By-law No. 6-87 and 16-78 - Refusal or neglect of the City of Kawartha Lakes to make a decision
Existing Zoning:
General Rural (A1), Highway Commercial (C2), Community Facility (CF) and Urban Residential Type One (R1) Zone
Proposed Zoning:
Site Specific (TBD)
Purpose:
To permit the expansion of the existing Pinecrest nursing home and the development of 280 units within 6 four-storey condominium buildings
Property Address/Description:
3400 and 3418 CLK Road 36 and 91 Little Bob Drive
Municipality:
City of Kawartha Lakes
Municipality File No.:
D06-35-074
OLT Case No.:
OLT-22-003781
Legacy Case No.:
PL171516
OLT Lead Case No.:
OLT-22-002171
Legacy Lead Case No.:
PL171515
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicants and Appellants:
Comhold Investments et al
Subject:
Proposed Plan of Subdivision - Failure of the City of Kawartha Lakes to make a decision
Purpose:
To permit the expansion of the existing Pinecrest nursing home and the development of 280 units within 6 four-storey condominium buildings
Property Address/Description:
3400 and 3418 CLK Road 36 and 91 Little Bob Drive
Municipality:
City of Kawartha Lakes
Municipality File No.:
D05-35-019
OLT Case No.:
OLT-22-003782
Legacy Case No.:
PL180414
OLT Lead Case No.:
OLT-22-002171
Legacy Lead Case No.:
PL171515
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicants and Appellants:
Bromont Homes Inc., Bromont Investments Inc., Bromont Lindsay 2 Corp. and Bromont Lindsay 5 Corp.
Subject:
Request to amend the Official Plan - Failure of the City of Kawartha Lakes to adopt the requested amendment
Existing Designation:
Highway Commercial, Tourist Commercial and Environmental Protection
Proposed Designation:
Highway Commercial, Mixed Use Gateway, Prestige Industrial and Parks and Open Space
Purpose:
To permit retail, service commercial and prestige employment uses with a collector street
Property Address/Description:
2387 Highway 7 and 332 Lindsay Street South
Municipality:
City of Kawartha Lakes
Approval Authority File No.:
D01-17-005
OLT Case No.:
OLT-22-002085
Legacy Case No.:
PL180303
OLT Lead Case No.:
OLT-22-002085
Legacy Lead Case No.:
PL180303
OLT Case Name:
Bromont Homes Inc. v. Kawartha Lakes (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicants and Appellants:
Bromont Homes Inc., Bromont Investments Inc., Bromont Lindsay 2 Corp. and Bromont Lindsay 5 Corp.
Subject:
Application to amend Zoning By-law No. 93-90 - Refusal or neglect of the City of Kawartha Lakes to make a decision
Existing Zoning:
Agricultural (A), Highway Commercial (CH) and Open Space Exception Three (OS-3) Zones
Proposed Zoning:
Site Specific (To be determined)
Purpose:
To permit retail, service commercial and prestige employment uses with a collector street
Property Address/Description:
2387 Highway 7 and 332 Lindsay Street South
Municipality:
City of Kawartha Lakes
Municipality File No.:
D06-17-020
OLT Case No.:
OLT-22-002088
Legacy Case No.:
PL180304
OLT Lead Case No.:
OLT-22-002085
Legacy Lead Case No.:
PL180303
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicants and Appellants:
Bromont Homes Inc., Bromont Investments Inc., Bromont Lindsay 2 Corp. and Bromont Lindsay 5 Corp.
Subject:
Proposed Plan of Subdivision - Failure of the City of Kawartha Lakes to make a decision
Purpose:
To permit retail, service commercial and prestige employment uses with a collector street
Property Address/Description:
2387 Highway 7 and 332 Lindsay Street South
Municipality:
City of Kawartha Lakes
Municipality File No.:
D05-17-002
OLT Case No.:
OLT-22-002090
Legacy Case No.:
PL180305
OLT Lead Case No.:
OLT-22-002085
Legacy Lead Case No.:
PL180303
Heard:
October 12, 2023, via Video Hearing
APPEARANCES:
Parties
Counsel
City of Kawartha Lakes
Denitza Koev
J. Stollar Construction Limited
Raj Kehar
Denise Baker (in absentia)
Comhold Investments Limited
Tom Halinski
David Neligan (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY n. eisazadeh and steven cooke ON October 12, 2023, AND ORDER OF THE TRIBUNAL
Introduction
1This Decision arises from the latest Case Management Conference (“CMC”) conducted in this multi-phased Hearing of various appeals of the City of Kawartha Lakes (“City”) 2012 Official Plan (“CKLOP”) and its Secondary Plans (“SP”). The objective of this CMC was to organize the next phase of Hearing, being Phase 5.
Corrections to Tribunal Decision dated September 7, 2023
2Counsel for the City, Denitza Koev, advised of two minor corrections required respecting the previous Decision of this Panel, dated September 7, 2023 (“Prior Decision”).
3The first regarded paragraph [5] of this Panel’s Prior Decision. Ms. Koev corrected that the Ministry of Municipal Affairs and Housing (“MMAH”) and Catherine Gravely had both withdrawn their appeals, and, as a result, were no longer Parties to the remaining phases of these proceedings.
4The second regarded paragraph 6 of this Panel’s Prior Decision. Ms. Koev corrected that, with respect to the Phase 8 Hearing, the City is currently seeking instructions on the potential repeal of the enacting by-law for the Woodville Secondary Plan, that are the subject of appeal by the sole Appellant remaining in that phase of Hearing, J. Stollar Construction Limited.
Update Respecting Parties, William Westcott and Andrew Murdoch
5Ms. Koev informed the Tribunal that she had received correspondence from William Westcott (Party to the Phase 5 Hearing) indicating that he no longer wished to participate in these proceedings. The Tribunal has also received correspondence directly from Mr. Westcott formally advising that he withdraws his appeal, and so notes that Mr. Westcott is no longer a Party to these proceedings.
6Ms. Koev advised that she has attempted to reach Andrew Murdoch (Non-Appellant Party to the Phase 7 Hearing), to determine the status of his continued involvement in these proceedings; however, she has been unsuccessful in receiving a response. Ms. Koev requested Tribunal direction that Mr. Murdoch respond to the Parties and/or the Tribunal with his intentions for continued participation in these proceedings. The Tribunal so directs that Mr. Murdoch shall respond to Ms. Koev and/or this Tribunal as to whether he wishes to remain a Party to these proceedings by Tuesday, February 20, 2024, otherwise his Party status shall be revoked.
Organization of the Next Phases of Hearing
7With the agreement of the remaining Parties, and in the interests of the most just and expeditious resolution of these matters, Ms. Koev proposed the next Phase 5 Hearing (Bobcaygeon Secondary Plan Appeal or “OPA 14”, inclusive of the private appeal by Comhold Investments Ltd. or “Comhold Appeal”), be merged to be heard one after the other, with the Phase 7 Hearing (Omemee Secondary Plan or “OPA 17”).
8Given the prior withdrawal of the Phase 6 Appeal (Fenelon Falls Secondary Plan appeal or “OPA 15”) by the sole Appellant in that matter, J. Stollar Construction Limited, the merging of Phases 5 and 7, as requested above, would result in only two potential appeals remaining: (1) Phase 8 (Woodville Secondary Plan Appeal or “OPA 18”); and (2) the Appeal by Kerry Doughty, previously adjourned sine die (“Doughty Appeal”).
9Respecting the Phase 8 Appeal, and as mentioned above, the City is seeking instructions on the potential repeal of the enacting by-law for the Woodville Secondary Plan that are the subject of appeal by the sole Appellant remaining in Phase 8, J. Stollar Construction Limited. Accordingly, if those instructions are received, it would bring a close to the Phase 8 Appeal in its entirety.
10Respecting the Doughty Appeal, Ms. Koev advised that while Counsel for that Appellant, Richard Taylor, was aware of the present CMC, he did not wish to attend. Ms. Koev advised she would further engage with Mr. Taylor and provide an update to the Case Coordinator respecting the status of this Appeal.
11Per the direction of this Tribunal in its prior Decision dated September 7, 2023, Ms. Koev presented a draft Procedural Order (“PO”) and Issues List (“IL”) for the Phase 5 Hearing. However, given the request to merge Phase 5 with Phase 7, the Parties requested further time to finalize an IL, inclusive of the issues for the Comhold Appeal and Phase 7 Hearing. On the consent of the Parties present, the Tribunal directed that an updated PO and IL for the merged Phase 5, inclusive of the Comhold Appeal and Phase 7 Hearings, be filed on or before Friday, October 27, 2023. The Parties may convene a further CMC should any issues arise in this regard for which they may require the assistance of the Tribunal.
12The Parties have estimated that the Phase 5 Hearing, inclusive of the Comhold Appeal, will require three weeks (15 days), and that the Phase 7 Hearing would require an additional two weeks (10 days), for a total of five weeks (25 days). The Hearing for the combined Phase 5, Comhold Appeal, and Phase 7 Hearings, will commence on Wednesday, September 11, 2024, as further set out below.
13In the interim, the Parties requested a further CMC to be scheduled in the first quarter of the new year, the purpose of which is to deal with any outstanding issues and/or potential partial settlement of issues that may be reached through further meetings of the experts. The Tribunal so directed that a further CMC will be held on Tuesday, February 20, 2024, as set out further below.
Hearing Event Details
14The next Hearings are scheduled to proceed by video as follows:
Next CMC:
Tuesday, February 20, 2024 at 10 a.m.
GoTo Meeting: https://global.gotomeeting.com/join/709076365
Access code: 709-076-365
Audio-only telephone line: +1 (647) 497-9373 or (Toll Free) 1-888-299-1889
Audio-only access code: 709-076-365
Phase 5 and Phase 7 Five-Week Merged Hearing:
Starting: Wednesday, September 11, 2024 at 10 a.m.
Ending: Friday, October 18, 2024 at 5 p.m.
Exception: Note the following dates on which the Panel will not be sitting: Monday, September 30, 2024; Monday, October 14, 2024; and Tuesday, October 15, 2024
GoTo Meeting: https://meet.goto.com/680885805
Access code: 680-885-805
Audio-only telephone line: +1 (647) 497-9373 or (Toll Free) 1-888-299-1889
Audio-only access code: 680-885-805
15The Parties 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.
16For all Video Hearings, all Parties, Participants, witnesses or observers 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.
17Persons who experience technical difficulties accessing the GoToMeeting application, or who only wish to listen to the event, can connect to the event by calling in to an audio-only telephone line.
18Individuals are directed to connect to each of the events on the assigned dates at the correct time. It is the responsibility of the persons participating in the Hearings to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing events may be directed to the Tribunal’s Case Coordinator having carriage of this case.
19There will be no further notice with respect to each of the two hearing events.
20The Panel remains seized.
“N. Eisazadeh”
N. eisazadeh
MEMBER
“Steven Cooke”
steven cooke
VICE-CHAIR
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.