Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 25, 2023
CASE NO(S).: OLT-23-000042
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 15 Market Street Corp.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To incorporate the applicable woodlands policies to the lands for future development
Property Address: Plan 296 Park PT Lot 13 and15
Municipality/UT: Town of Saugeen Shores/County of Bruce
Reference Number: L-2020-009
OLT Case No.: OLT-23-000042
OLT Lead Case No.: OLT-23-000042
OLT Case Name: 15 Market Street Corp. v. Saugeen Shores (Town)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 15 Market Street Corp.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To rezone the property to facilitate the development of a Plan of Subdivision on the lands
Property Address: Plan 296 Park PT Lot 13 and 15
Municipality/UT: Town of Saugeen Shores/County of Bruce
Reference Number: Z-2020-014
OLT Case No.: OLT-23-000043
OLT Lead Case No.: OLT-23-000042
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 15 Market Street Corp.
Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description: To permit the development of 12 detached dwelling blocks and two apartment blocks
Property Address: Plan 296 Park PT Lot 13 and 15
Municipality/UT: Town of Saugeen Shores/County of Bruce
Reference Number: S-2020-001
OLT Case No.: OLT-23-000044
OLT Lead Case No.: OLT-23-000042
Heard: May 4, 2023 by Video Hearing (“VH”)
APPEARANCES:
| Parties | Counsel |
|---|---|
| 15 Market Street Corp. | Scott Galajda |
| Town of Saugeen Shores | Tammy Grove Monica Poremba |
| County of Bruce | Tammy Grove Monica Poremba |
MEMORANDUM OF ORAL DECISION DELIVERED BY S. BOBKA ON may 4, 2023 and order of the Tribunal
INTRODUCTION
1This was the first Case Management Conference (“CMC”) regarding appeals pursuant to sections 22(7), 34(11) and 51(34) of the Planning Act (“Act”) by 15 Market Street Corp. against the refusal or neglect to make a decision of applications for an Official Plan Amendment (“OPA”), a Zoning By-law Amendment (“ZBA”) and a Draft Plan of Subdivision (“Draft Plan”) in relation to the property located at Plan 296 Park PT Lot 13 and 15 (“Subject Property”).
2The Tribunal received an Affidavit of Service, sworn by Anne Emke on April 3, 2023, confirming that Notice of this CMC was properly given, and marked it as Exhibit 1.
3The proposed amendment to the Town of Saugeen Shores’ (“Town”) Official Plan (“OP”) is seeking to apply the woodlands policies of Section 2.6.8.2 a), known as Special Policy Area No. 4, to the lands. If approved, the effect of the OPA would be to permit development on portions of the land subject to certain criteria, including implementation of the recommendations of the Environmental Impact Study and Tree Retention Plan, preserving at least 30 percent of the tree cover.
4The proposed amendment to the Town’s Zoning By-law (“ZBL”) is seeking to rezone the lands from Residential First Density (R1) and Planned Development (PD) to Residential Second Density (R2), Open Space (OS) and Environmental Protection (EP), Residential Fourth Density (R4) and Residential Fourth Density Special (R4-X). A special provision is proposed on Block 15 to permit a frontage of 13.48 metres (“m”), whereas the R4 zone requires 30 m.
5The application is for a Draft Plan comprised of 12 detached dwelling lots, two apartment blocks (intended for 150 units in four buildings), and one block for stormwater management, trails and conservation purposes.
STATUS REQUESTS
6The Tribunal received a written request for Participant status from Pat Surman, a property owner in the area. Ms. Surman’s concerns were that the proposed density was too high for an area near the water, that traffic would be negatively impacted and that the size of the development was not appropriate for or compatible with the neighbourhood. Upon review and consideration of the request, and hearing no concerns, the Tribunal granted Participant Status to Ms. Surman. Update
7Counsel for the Parties provided a status update stating that there have been ongoing, productive discussions regarding this matter and that they were hopeful that a settlement or partial settlement could be achieved. It was their joint suggestion that a ten-day Hearing of the Merits and a second CMC be scheduled.
Mediation
8The Tribunal highlighted the availability of Tribunal-led mediation and advised the Parties to contact the Case Coordinator should they wish to pursue this option. DRAFT PROCEDURAL ORDER
9In advance of the CMC, the Tribunal received the draft Procedural Order on consent from the Parties for consideration. The Parties advised that the Issues List was still being discussed and refined but would be finalized and submitted to the Tribunal in advance of the next CMC. The Tribunal directed the Parties to provide the final Procedural Order, with Issues List, at least 14 days in advance of a second CMC.
SCHEDULING OF FUTURE HEARINGS
10The Tribunal agreed with the Parties’ requests to schedule a second CMC as well as a Hearing of the Merits. The Parties were notified that they should advise the Tribunal as soon as possible should they wish to convert the second CMC to a Settlement Hearing or not require all of the dates set for the Hearing.
11The Tribunal scheduled a second CMC on Wednesday, July 26, 2023 at 10 a.m. by Video Hearing and also scheduled a nine-day Hearing commencing on Tuesday, November 14, 2023 at 10 a.m. by Video Hearing.
Wednesday, July 26, 2023 at 10 a.m. (one-day CMC) GoTo Meeting: https://global.gotomeeting.com/join/719383509 Access code: 719-383-509 Audio-only telephone line: Toll-Free 1-888-299-1889 or +1 (647) 497-9373 Audio-only access code: 719-383-509 November 14, 2023 at 10 a.m. (nine-day hearing) GoTo Meeting: https://meet.goto.com/278736685
Access code: 278-736-685 Audio-only line: Toll-Free 1-888-455-1389 or +1 (647) 497-9391 Audio-only access code: 278-736-685
12Parties and Participants are asked to log into the VH at least 15 minutes before the start of the event to test their video and audio connections.
13Parties 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.
14Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling an audio-only telephone line.
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 VH 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:
a) Pat Surman is granted Participant status;
b) A second Case Management Conference is set for Wednesday, July 26, 2023, at 10 a.m. by Video Hearing;
c) The final Procedural Order including Issues List will be provided to the Tribunal on or before Wednesday, July 12, 2023;
d) A nine-day Hearing of the Merits is set to begin on Tuesday, November 14, 2023, at 10 a.m. by Video Hearing; and,
e) There will be no further notice and the Member is not seized on this matter.
“S. Bobka”
S. BOBKA
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.