Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
May 31, 2023
CASE NO(S).:
OLT-22-004807
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
335 Plains Holdings Inc. and 355 Plains Holdings Inc., o/a Coletara Development
Subject:
Request to amend the Official Plan – Failure to adopt the requested amendment
Description:
To permit the construction of mid-rise, mixed-use buildings and stacked townhouses
Reference Number:
505-06/22
Property Address:
1010 Downsview Drive and 355 Plains Road East
Municipality/UT:
Burlington/Halton
OLT Case No.:
OLT-22-004807
OLT Lead Case No.:
OLT-22-004807
OLT Case Name:
335 Plains Holdings Inc. and 355 Plains Holdings Inc., o/a Coletara Development v. Burlington (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant
335 Plains Holdings Inc. and 355 Plains Holdings Inc., o/a Coletara Development
Subject:
Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description:
To permit the construction of mid-rise, mixed-use buildings and stacked townhouses
Reference Number:
520-07/22
Property Address:
1010 Downsview Drive and 355 Plains Road East
Municipality/UT:
Burlington/Halton
OLT Case No.:
OLT-22-004808
Legacy Lead Case No.
OLT-22-004807
Heard:
May 8, 2023 by video hearing
APPEARANCES:
Parties
Counsel
335 Plains Holdings Inc. and 355 Plains Holdings Inc. o/a Coletara Development - (“Appellant/Applicant”)
Raj Kehar
City of Burlington
Blake Hurley Andrea Peebles
Region of Halton (“Region”)
Kelly Yerxa
MEMORANDUM OF ORAL DECISION DELIVERED BY K.R. ANDREWS ON May 8, 2023, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) respecting an appeal by 335 Plains Holdings Inc. and 355 Plains Holdings Inc. (o/a Coletara Development). The appeal arises following a non-decision concerning Official Plan amendment (“OPA”) and Zoning By-law amendment (“ZBA”) applications to permit the construction of mid-rise, mixed-use buildings and stacked townhouses at 1010 Downsview Drive & 355 Plains Road East.
Service of Notice of CMC
2There was no issue with service of the Notice of this CMC, and so no further notice is required. The Tribunal is in receipt of the Affidavit of Service, which was marked as Exhibit 1.
Requests for Status
3Counsel for the Region attended the CMC seeking Party status. The Tribunal granted such status with consent from the original parties.
4Kimberly Staples, Devin Staples, Angela Temporin, and the Aldershot Village Business Improvement Area (“ABIA”) also attended the CMC seeking Participant status. The three individuals confirmed that they all have interest in the matter as area residents. The ABIA confirmed that it is incorporated and explained that they have interest in the matter with the proposed development being located within their Business Improvement Area, and they have concerns that the plan as proposed will reduce the available commercial space in the area. The Tribunal granted Participant status to the three individuals and the ABIA with consent from the parties.
5The Tribunal notes that the Tribunal received Participant status requests from twelve other individuals, but none of them attended the CMC hearing. Counsel for the Applicant/Appellant opposed granting status to those who did not attend. While not proposing to speak on their behalf, Ms. Staples indicated that she believes that they may have not attended because they may have not understood that they should attend to be granted status. The Tribunal notes that the Notice of Hearing for the present CMC clearly indicates that they must attend to be granted status.
6Noting that it is at the discretion of the presiding Tribunal Member to grant status to those who do not attend a CMC, the Tribunal declines to grant status to those who did not attend the present CMC. The Tribunal accepts the submissions from the Applicant/Appellant on this point, finding that the Tribunal must, at minimum, confirm that individuals seeking status are actually who they say they are and have a genuine interest in the matter to be granted status. The Tribunal emphasizes that Participant status is not automatic.
MEDIATION AND SETTLEMENT
7Counsel for the Applicant/Appellant and the City indicated that it is too early to assess prospects for settlement. Counsel for the Region, however, indicated optimism that their issues could be resolved before a hearing.
PROCEDURAL ORDER AND ISSUES LIST
8The Tribunal received and reviewed a draft Procedural Order from the parties. The Tribunal finds it acceptable and the proceedings shall be governed by it (see Attachment 1).
HEARING
9Upon request of the parties, the Tribunal set a five (5)-day hearing commencing on Monday, December 11, 2023, at 10:00 a.m. by VH. No further Notice is required for the hearing.
10Parties 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.
11The hearing is scheduled to proceed by video as follows:
https://global.gotomeeting.com/join/719383509
Access Code: 719-383-509
12Persons 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 as indicated above.
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 into 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 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:
The date and particulars of the hearing are set out above;
The Procedural Order appended as Attachment 1 shall govern the proceedings;
The Region of Halton is granted Party status; and
Kimberly Staples, Devin Staples, Angela Temporin, and the Aldershot Village Business Improvement Area are granted Participant status.
17The Member is not seized but may be spoken to through the Case Coordinator if any issues arise.
“K. R. Andrews”
K. R. ANDREWS
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.
ATTACHMENT 1