Ontario Land Tribunal
Tribunal ontarien de l'aménagement du territoire
ISSUE DATE: March 29, 2023
CASE NO(S).: OLT-22-004771
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Downing Street (1015 King Street) Inc.
Subject: Zoning Bylaw Amendment
Description: To permit development of 34 three-storey freehold townhouse units & 8 three-storey street townhouse units
Property Address: 511015 King Street E
Municipality/UT: Oshawa/Durham
Municipal File No.: Z-2021-07
OLT Case No.: OLT-22-004771
OLT Lead Case No.: OLT-22-004771
OLT Case Name: Downing Street (1015 King Street) Inc. vs. Oshawa (City)
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Downing Street (1015 King Street) Inc.
Subject: Plan of Subdivision/Condominium
Description: To permit development of 34 three-storey freehold townhouse units & 8 three-storey street townhouse units
Property Address: 511015 King Street E
Municipality/UT: Oshawa/Durham
Municipal File No.: S-O-2021-02
OLT Case No.: OLT-22-004772
OLT Lead Case No.: OLT-22-004771
OLT Case Name: Downing Street (1015 King Street) Inc. vs. Oshawa (City)
Heard: March 23, 2023 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Downing Street (1015 King Street) Inc. | Rodney Gill, David Bronskill (in absentia), Zachary Fleisher (in absentia) |
| City of Oshawa | Adam Kosnick |
| Region of Durham | Robert Woon |
MEMORANUDM OF ORAL DECISION DELIVERED BY S. deBOER ON MARCH 23, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This decision is the result of the first Case Management Conference ("CMC") conducted with respect to the Appeals by Downing Street (1015 King Street) Inc. (the "Appellant") pursuant to s. 34(11) and s. 51(34) of the Planning Act against the City of Oshawa's (the "City") failure to make a decision within the statutory time frames regarding the Appellant's Zoning By-law Amendment (the "ZBA") Application and the accompanying Subdivision Application.
2The Tribunal marked the Affidavit of Service sworn by Nancy Borges dated March 1, 2023 as Exhibit 1 for this hearing.
BACKGROUND AND AREA CONTEXT
3The subject Lands are municipally known as 1015 King Street East, City of Oshawa.
4The effect of the two planning instruments under appeal will permit the construction of 34 three-storey freehold townhouse units in six blocks accessed by a common element driveway stemming from Queensdale Avenue and 8 three-storey townhouse units with access onto Queensdale Avenue.
5The Subject Property is located on the south side of King Street East. Harmony Road is located approximately 500 metres ("m") to the west of the Subject Property. The Subject Property encompasses an area of approximately 6,950 square metres ("sq m") with approximately 59.81 m of frontage on King Street East and approximately 116.35 m of frontage on Queensdale Avenue. The Property is currently vacant.
PARTY AND PARTICIPANT STATUS REQUESTS
6The Tribunal received one Party request, which was from the Region of Durham. The Region of Durham was granted Party Status with consent of the other two parties.
7The Tribunal had received a Participant request and statement from Mladen Vugrinicek prior to the commencement of the CMC. During the CMC, the Tribunal received and verified one further Participant request and statement from Justin Rizzi. The Tribunal vetted other observers of the hearing and asked for any further requests for either Party or Participant status. No other requests were received.
OPPORTUNITIES FOR RESOLUTION
8The Parties believe that a Settlement will most likely occur in this matter. The Parties have been working diligently toward a settlement prior to this CMC. As such, the Parties informed the Tribunal that if a hearing were needed, a maximum of two days would be needed. The Parties requested a hearing date be set for the end of June or early July 2023.
FINALIZATION OF AN ISSUES LIST AND PROCEDURAL ORDER
9Since the Parties are only needing a hearing of two days and with the probability of a settlement to be reached before the hearing date, the parties agreed that a formal Procedural Order and Issues List is not needed at this time.
10The Parties advised the Tribunal that a settlement is being finalized and is scheduled to be presented at the City of Oshawa Council Meeting of Monday, May 29, 2023.
11The Parties agreed to update the Tribunal as to the status of the settlement or the necessity of a hearing of the merits by Thursday, June 1, 2023. If the settlement has not been finalized by Oshawa Council and a hearing of the merits is necessary, the parties will inform the Tribunal of the final Issues List by Monday, June 5, 2023. Witness statements will be submitted to the Tribunal by Monday, June 19, 2023, with a hearing date scheduled for Tuesday, July 4 and Wednesday, July 5, 2023.
12The hearing date of Tuesday, July 4, 2023 may occur if a settlement has been reached and the Parties are requiring the Tribunal to authorize the settlement.
13The hearing is scheduled to proceed by video hearing at 10 a.m. on Tuesday, July 4, 2023 to Wednesday July 5, 2023.
14Parties 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/660145013Access Code: 660-145-013
15Parties 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.
16Persons 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: 660-145-013.
17Individuals 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
18The hearing will commence on Tuesday, July 4, 2023, for a duration of two (2) days.
19The Member is not seized, however, may assist with case management, schedule permitting.
20No further notice will be given.
"S. deBoer"
s. deboer
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.