Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 31, 2023
CASE NO(S).: OLT-23-000464
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Ballymore Building (Midhurst) Corp.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the site-specific development standards associated with the Proposed Development
Reference Number: ZB-2021-004
Property Address: 1224 Carson Road
Municipality/UT: Township of Springwater
OLT Case No.: OLT-23-000464
OLT Lead Case No.: OLT-23-000464
OLT Case Name: Ballymore Building (Midhurst) Corp. v. Springwater (Township)
Heard: September 5, 2023 by Video Hearing
APPEARANCES:
Parties
Counsel
Ballymore Building (Midhurst) Corp. (Appellant / Applicant)
Daniel Artenosi
Township of Springwater
Bruce Engell
MEMORANDUM OF ORAL DECISION DELIVERED BY JENNIFER GOLD ON SEPTEMBER 5, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) with respect to an appeal by Ballymore Building (Midhurst) Corp. (“Appellant”). The appeal arises following a failure to make a decision by the Township of Springwater (“Township”) on the Appellant’s application concerning a Zoning By-law Amendment (“ZBA”) to permit re-development to allow for 127 single detached units, 24 street townhouse units, 40 rear lane townhouse units, a 0.34-hectare parkette, public road connections, a road widening along Carson Road, and one future development block (“Appeal”). The Appellant is proposing an amendment to Township By-law No. 5000 to permit the site-specific development standards associated with the proposed development. The subject property, owned by the Appellant, is municipally described as 1224 Carson Road, in the Township (“Subject Property”).
SERVICE OF NOTICE OF CMC
2There was no issue with service of the Notice of this CMC. The Tribunal was in receipt of the Affidavit of Service, which was marked as Exhibit 1.
REQUESTS FOR STATUS
3Ryan Cameron, owner of an adjacent property, municipally known as 1238 Carson Road, in the Township, submitted a request for party status dated August 10, 2023. Mr. Cameron advised that he was a party/participant to a related appeal regarding the draft plan of subdivision for the subject property and had participated in mediation in that appeal. He, therefore, sought party status in this appeal. The Appellant and the Township did not object to his request for party status and party status was granted to Mr. Cameron. There were no other requests for party or participant status at the CMC.
CONSOLIDATION
4According to the appeal package submitted by the Appellant and submissions from counsel for the Appellant, in 2012, the previous owner of the Subject Property filed an application for Draft Plan of Subdivision (“DPS”) approval to permit a residential development containing 232 new residential units. The DPS application was appealed to the Tribunal (then the Ontario Municipal Board) on the basis of non-decision by County of Simcoe Council (formerly Tribunal Case No. PL131344, now OLT-22-003517). The DPS appeal was the subject of mediation in 2020, which resulted in a settlement. In support of the settlement, the previous owner of the Subject Property agreed to submit site specific Official Plan Amendment (“OPA”) and ZBA applications that would allow the Subject Property to redevelop concurrently with the first-phase of growth in the Secondary Plan area. The DPS appeal was adjourned sine die by the Tribunal so that the OPA and the ZBA applications could be submitted and processed by the Township and the County. Following the filing of both applications in 2021, the Township and County confirmed that the OPA was no longer required to permit the proposed development to proceed.
5The Appellant is seeking that this ZBA appeal be consolidated with the DPS appeal (formerly Tribunal Case No. PL131344, now OLT-22-003517). As the parties and participants to the DPS appeal were not present at the CMC, this matter has been adjourned to a second CMC so that notice may be given to the parties and participants of the DPS appeal of the next CMC date for both the DPS appeal and this ZBA appeal.
SECOND CASE MANAGEMENT CONFERENCE
6A second CMC is scheduled to proceed by video on Monday, December 4, 2023, at 10 a.m. The Appellant shall provide at least 30 days notice of the second CMC to the parties and participants of the DPS appeal and file an Affidavit of Service in advance of the second CMC. This issues of consolidation, party and participant status, and any other procedural issues will be dealt with on that date.
7Parties 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:
https://global.gotomeeting.com/join/442599157
Access code: 442-599-157
8Parties 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
9Persons 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: +1 (647) 497-9391 or (Toll-Free) 1-888-455-1389. The access code is as indicated above.
10Individuals 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 hearing by video 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
11THE TRIBUNAL ORDERS that:
a. A second Case Management Conference shall proceed on Monday, December 4, 2023 at 10 a.m. by video, for this Appeal (OLT-23-000464) and for the appeal relating to the Draft Plan of Subdivision (formerly Tribunal Case No. PL131344, now OLT-22-003517).
b. Mr. Ryan Cameron is added as a party.
c. There shall be no further notice regarding this Appeal (OLT-23-000464).
d. This member is not seized.
“Jennifer Gold”
JENNIFER GOLD
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.