Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 07, 2023
CASE NO(S).: OLT-23-000137
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Barry Wade Homes Inc.
Subject: Application to amend the Zoning By-law – Appeal of Decision
Description: To change the designation of the Subject Lands to a Site-Specific “Multi-Unit Residential” to permit the development of a condominium townhouse with 13 units.
Reference Number: OPA-01/22
Property Address: 2 Robinson Street and 3 Erieus Street
Municipality/UT: City of Bayham/County of Elgin
OLT Case No.: OLT-23-000137
OLT Lead Case No.: OLT-23-000137
OLT Case Name: Barry Wade Homes Inc. v. Bayham (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To change the zoning on the southern portion of the lands to a Site-Specific Village Residential zone to permit townhouse development and to permit several site-specific zone regulations
Reference Number: ZBA-02/22
Property Address: 2 Robinson Street and 3 Erieus Street
Municipality/UT: City of Bayham/County of Elgin
OLT Case No.: OLT-23-000138
OLT Lead Case No.: OLT-23-000137
Heard: June 22, 2023 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Barry Wade Homes Inc. | Analee Baroudi |
| Municipality of Bayham | Amy Dale |
| County of Elgin | Nicholas Loeb Andrew Case |
MEMORANDUM OF ORAL DECISION DELIVERED BY KURTIS SMITH ON JUNE 22, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Case Management Conference (“CMC”) was the first, in these appeals, which relate to applications filed by Barry Wade Homes Inc. (“Applicant”) to amend the Official Plan and Zoning By-law to permit the proposed development on the lands municipally known as 2 Robinson Street and 3 Erieus Street, in the Municipality of Bayham (“Bayham”), in the County of Elgin (“County”).
2The revised proposal consists of 13 residential condominium units within a two-storey building on the southern portion of the lands.
3The Tribunal received and marked the Affidavit of Service of the Notice of CMC sworn by Hesham Baroudi as Exhibit 1, which is the Affidavit of Service of Mr. Baroudi sworn on May 18, 2023, as to the service of the Notice of this CMC.
Status Request
4On Consent of the Applicant and Bayham, the County was granted Party Status.
5Nicholas Loeb, counsel for the County, informed the Tribunal that he will be seeking instructions directly from County Council on July 11, 2023, as the position that has the authority to provide instructions is currently in a point of transition.
6Mr. Loeb noted the County may briefly call on one land use planning expert.
7No other Party or Participant requests were received by the Tribunal.
Procedural Order and Issues List
8Analee Baroudi, counsel for the Applicant, provided the Tribunal with the Issues List (“IL”) provided on consent of Bayham. Amy Dale, counsel for Bayham, noted that they will be seeking instructions from Bayham Council regarding the possible removal of the issue of “slope stability”.
9Counsel for the Parties indicated that a Procedural Order (“PO”) would not be necessary for the hearing proceedings as Bayham does not intend to call on any witnesses and requested that “the standard 10 day” document exchange prior to the hearing would suffice.
10Since the County has not received instructions as to their client’s position on the matter, the Tribunal directed the Applicant to prepare a final draft PO and IL, on consent, populated with all dates in accordance with the hearing dates provided below.
11Subsequent to the conclusion of the CMC, the Tribunal received and reviewed a finalized PO and IL from the Parties on consent. The Tribunal finds the PO and IL are acceptable and attaches the PO, including the IL, to this Order. The PO shall govern the proceedings leading up to and including the hearing of the merits.
Request for Costs
12Ms. Baroudi informed the Tribunal that her client, the Applicant, intends to seek costs on this matter as the Applicant is displeased that the matter will go to a full hearing when Bayham is not calling on any witnesses.
HEARING DATES
13Ms. Baroudi advised the Tribunal that the addition of the County will not alter the anticipated hearing time of two days to fully address the matter. The Applicant plans to call on four witnesses; a planner under summons who provided an opinion to Bayham; a land use planner; a slope stability expert; and potentially a traffic expert.
14The Tribunal advised that two days are available for the hearing of merits in respect of this matter. The two-day video hearing of the Appeal will commence on Thursday, September 7, 2023 at 10 a.m., and will continue to Friday September 8, 2023.
15Parties 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/719383509
Access Code 719-383-509
16Parties 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
17Persons 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.
18Individuals 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.
19The Member is not seized. The Panel will however receive, review, and approve the Procedural Order and Issues List for issuance and may continue to assist with case management to the extent that the Tribunal’s calendar permits.
“Kurtis Smith”
KURTIS SMITH 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.