Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 07, 2023
CASE NO(S).: OLT-23-000524
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Ganni Properties Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit a one-storey restaurant with drive-through service facility, and two retail/commercial units
Reference Number: POPA 2019-0007
Property Address: 16054,16060 and 16080 Airport Road
Municipality/UT: Town of Caledon
OLT Case No.: OLT-23-000524
OLT Lead Case No.: OLT-23-000524
OLT Case Name: Ganni Properties Inc. v. Caledon (Town)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Ganni Properties Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit a one-storey restaurant with drive-through service facility, and two retail/commercial units
Reference Number: R2 2019-0010
Property Address: 16054,16060 and 16080 Airport Road
Municipality/UT: Town of Caledon
OLT Case No.: OLT-23-000525
OLT Lead Case No.: OLT-23-000524
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Ganni Properties Inc.
Subject: Site Plan
Description: To permit a one-storey restaurant with drive-through service facility, and two retail/commercial units
Reference Number: SPA 2019-0066
Property Address: 16054,16060 and 16080 Airport Road
Municipality/UT: Town of Caledon
OLT Case No.: OLT-23-000526
OLT Lead Case No.: OLT-23-000524
Heard: October 31, 2023
APPEARANCES:
Parties
Counsel
Ganni Properties Inc. (“Applicant/Appellant/Ganni”)
John Alati Narmada Gunawardana, co-counsel
Town of Caledon (“Town”)
Raj Kehar Max Rubin (Town’s counsel)
MEMORANDUM OF ORAL DECISION DELIVERED BY D. CHIPMAN, OCTOBER 31, 2023, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1Ganni Properties Inc. (“Ganni”) intends to redevelop its property located at 16054, 16060, and 16080 Airport Road in the Town of Caledon (“subject lands”). To facilitate its proposed development, Ganni applied for amendments to the Town’s Official Plan (“OPA”), Zoning By-law(“ZBA”) and submitted a Site Plan application. The Town failed to make a decision on any of the three of the applications within the time period specified in the Planning Act, R.S.O. 1990, c. P. 13, as amended, hence Gianni appealed, pursuant to s. 22(7) for the OPA, s. 34(11) for the ZBA and s. 41(12) on the Site Plan application.
2The Appellant is proposing to demolish the existing structures and amend the Official Plan and Zoning By-law for the subject lands from Village Commercial (CV) to Village Commercial Site Specific Exception (CV-XX) and to amend the Town of Caledon Official Plan for the purpose and effect to permit a drive-thru Service Facility associated with a Restaurant (Tim Horton's).
3This being the first Case Management Conference (“CMC”), the Appellant provided notice of the CMC in accordance with the Tribunal’s direction, and the Tribunal marked the Affidavit of Service as Exhibit 1.
PARTY STATUS REQUESTS
4The Tribunal received no Party Status requests related to this matter.
PARTICIAPANT STATUS REQUESTS
5The Tribunal received eight Participant Status requests from persons who raised concerns relating to traffic, excessive lighting and litter due to the introduction of a drive-thru.
6Having heard no objections, the Tribunal granted Participant Status to the following:
- Joanna Valeriani
- Gerry Merkley
- Scott Besco
- Carolyn Vallejo
- Sagi Denenberg
- Sandra Scavone
- Magdalena Denenberg
- Pina Tomasone
7The Tribunal reminded the Parties that the Participant Statements are available to them through the Case Coordinator. The Tribunal also indicated that each of the Participant Statements forms will be taken into consideration at the hearing of the merits and weighed accordingly.
MEDIATION
8The Tribunal noted that Tribunal-led mediation may assist in reducing the issues in dispute. Information on Tribunal-led mediation can be obtained at any point through the Case Coordinator.
NEXT STEP
9The Appellant’s representative, Mr. Alati, advised that a Heritage Demolition Permit will be applied for at the Town in the near future. He informed the Tribunal that should the Town fail to approve the application he would be seeking the consolidation of the appeals to be brought forward together at the hearing of the merits. This, both Parties agreed, would be a topic for discussion at the next CMC.
10Mr. Alati was tasked to provide the Tribunal with a draft Procedural Order (“PO”) containing an Issues List (“IL”), on consent. The Parties requested a second CMC to discuss the draft PO and IL and to set a date for a hearing of the merits. The Tribunal, having heard that a Heritage Demolition Permit is being applied for in the near future and understanding that Counsel for the Town would be seeking direction, agreed to a second CMC.
11A second CMC will commence on Friday, March 8, 2024, at 10 a.m. by video hearing.
GoTo Meeting: https://global.gotomeeting.com/join/519389173
Access Code: 519-389-173
12Parties 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.
13Persons 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 indicated above.
14Parties 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
15Individuals 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
16THE TRIBUNAL ORDERS that:
17A further CMC will commence Friday, March 8, 2024, at 10 a.m. by Video Hearing.
18The Parties are to forward a draft PO and Issues Lists to the Case Coordinator 10 days prior to the CMC.
19This Member is not seized but remains available through the Case Coordinator should the need arise.
20No further notice is required.
“D. Chipman”
D. CHIPMAN
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.