Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 13, 2023
CASE NO(S).: OLT-22-004402
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Ambiance Fine Homes Inc.
Subject: Application to amend Zoning By-law - Refusal or neglect to make a decision
Purpose: To permit a textile manufacturing, processing, and machining business
Property Address: 1524 Highway 124
Municipality: Municipality of Whitestone
OLT Case No.: OLT-22-004402
OLT Lead Case No.: OLT-22-004402
OLT Case Name: Ambiance Fine Homes Inc. v. Whitestone (Municipality)
Heard: January 10, 2023 by video hearing
APPEARANCES:
Parties
Counsel
Municipality of Whitestone
Marc Kemerer
Ambiance Fine Homes Inc.
Andy Margaritis
Dr. Fiona Hunter and Dr. Michael Bidochka
Michael Di Vona
MEMORANDUM OF ORAL DECISION DELIVERED BY STEVEN COOKE ON JANUARY 10, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The matter before the Tribunal was a Case Management Conference (“CMC”) for the failure of the Municipality of Whitestone (the “Municipality”) to make a decision within the legislative timeframe of 90 days, for the application of Ambiance Fine Homes Inc. (the “Applicant”) to amend Zoning By-law No. 07-2018 (the “ZBL”), which the Applicant appealed pursuant to s. 34(11) of the Planning Act, for the property municipally know as 1524 Highway 124 (the “Subject Property”).
2The Affidavit of Service confirming that notice of the CMC had been properly served on December 5, 2022, was marked as Exhibit 1.
3The Subject Property is currently zoned M2 - Industrial Pit. The Applicant proposes that a portion of the Subject Property, fronting onto Highway 124, be rezoned M1 – Industrial, to permit an office, textile manufacturing, processing, and machining business. The remainder of the Subject Property would continue with its current M2 – Industrial Pit zoning.
4The Tribunal was informed by the Applicant and the Municipality that the statutory parties have come to a settlement agreement just prior to the start of the CMC. The parties requested that a one (1)-day settlement hearing be set at the Tribunal’s earliest conveniance as the expert planning witness for the Municipality was not available at the present time.
PARTY REQUEST
5Dr. Fiona Hunter and Dr. Michael Bidochka are the owners of the property that is abutting to the Subject Property.
6The Applicant and the Municipality raised concerns with the proposed party status for Dr. Fiona Hunter and Dr. Michael Bidochka. In particular, that the party status request form raises vague planning issues that have not been scoped to the appropriate planning concerns. The statutory parties both confirmed that Dr. Michael Bidochka had participated in the municipal process providing written and oral submissions. These submissions had been more fulsome in outlining some planning but primarily non-planning concerns of Dr. Fiona Hunter and Dr. Michael Bidochka. It was their submission to the Tribunal that they believed that the proposed settlement addresses the relevant planning issues raised.
7Counsel for the Dr. Fiona Hunter and Dr. Michael Bidochka informed the Tribunal that they had no knowledge that the statutory parties had come to a settlement. Counsel maintained that party status was still appropriate for his client, citing the fact – that the Tribunal was assured that the settlement agreement addressed the Dr. Fiona Hunter and Dr. Michael Bidochka concerns – was proof enough that they had planning concerns.
8Counsel for Dr. Fiona Hunter and Dr. Michael Bidochka requested that a further CMC be scheduled to allow for more time to scope their issues and provide the appropriate expert witnesses with the potential of a full hearing in three or more months’ time.
9The Tribunal grants party status to Dr. Fiona Hunter and Dr. Michael Bidochka. However, the Tribunal will schedule a one (1)-day hearing on Friday, March 10, 2023. Counsel for the Dr. Fiona Hunter and Dr. Michael Bidochka confirmed that he did receive a copy of the settlement materials from the Applicant and Municipality. The Tribunal gave direction that should Dr. Fiona Hunter and Dr. Michael Bidochka wish to call their own land use planning expert they must notify the other parties no later than Tuesday, January 17, 2023.
PARTICIPANT REQUESTS
10At the outset of the CMC the Tribunal raised with the parties that the Member has a personal connection to one of the individuals seeking participant status. The parties agreed that they had no issues with the Member presiding over the CMC.
11On the consent of all parties, the Tribunal conveys participant status to Adam Cragg, Harry Cummings, Josh Davis, Christine Yamada, and Stephen Yamada.
12Participants have been instructed that they are to submit their written statement to the Tribunal’s Senior Planner, Christopher Molner, christopher.molner@ontario.ca, and to all parties, on or before Tuesday, February 7, 2023.
ORDER
13THE TRIBUNAL ORDERS:
14THAT that party status is granted to Dr. Fiona Hunter and Dr. Michael Bidochka.
15THAT participant status is granted to Adam Cragg, Harry Cummings, Josh Davis, Christine Yamada, and Stephen Yamada.
16THAT Dr. Fiona Hunter and Dr. Michael Bidochka on or before Tuesday, January 17, 2023, inform all parties and the Tribunal on whether or not it is their intention to call an expert witness in land use planning.
17THAT participant statements are to be submitted to all parties, and the Tribunal for its consideration on or before Tuesday, February 7, 2023.
18THAT the parties have been instructed to exchange witness statements on or before Tuesday, February 21, 2023.
19THAT a one (1)-day video hearing is to begin on Friday, March 10, 2023, at 10 am.
20Parties 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/927921077
Access code: 927-921-077
21Parties 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
22Persons 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 1-888-299-1889. The access code is 927-921-077.
23Individuals 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.
24No further notice is required.
25The Member is not seized.
“Steven Cooke”
steven cooke
vice-chair
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.