Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 02, 2023
CASE NO(S).: OLT-23-000062
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: 588922 Ontario Inc.
Subject: Zoning By-law Amendment Application – refusal
Description: To permit storage of precast manufactured products
Reference Number: Z05-2022
Property Address: Lot on Prince Albert St. (Part Lot 17 of Plan 202, Part Lots 222-225 of Plan 204, and Part 1 of RP22R3363, Stephen Ward)
Municipality/UT: South Huron/Huron County
OLT Case No.: OLT-23-000062
OLT Lead Case No.: OLT-23-000062
OLT Case Name: 588922 Ontario Inc. v. South Huron (Municipality)
Heard: July 12, 2023 by video hearing
APPEARANCES:
Parties
Counsel
588922 Ontario Inc. (“Stubbe’s Precast”)
A. Baroudi
Municipality of South Huron
E. Veldboom
(“Municipality”)
MEMORANDUM OF ORAL DECISION DELIVERED BY A. Sauve ON July 12, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) concerning an Appeal of a decision by the Municipality’s Council to refuse an application for a Zoning By-Law Amendment (“ZBA”) pertaining to the property described as Part Lot 17 of Plan 202, Part Lots 222 to 225 of Plan 204, and Part 1 of RP22R3363. Stephen Ward (“subject lands”).
2The subject lands are currently vacant and used as an agricultural field. The Applicant, Stubbe’s Precast, intends to use the subject lands for outdoor storage of precast manufactured products produced at its existing precast manufacturing facility. Stubbe’s Precast may add a precast manufacturing facility on the subject lands at some time in the future.
3The subject lands are currently designated Urban on Schedule D of the South Huron Official Plan (“OP”) and zoned D (Future Development) in the South Huron Zoning By-Law. The purpose of the proposed ZBA is to:
a. Rezone the subject lands to “M1-12-H.” This zone would be a special M1 (Light Industrial) zone to permit the outdoor storage of precast manufactured products on the property.
b. Add a holding symbol, which would permit a precast manufacturing facility in the future once the holding provision is removed. The holding symbol may be removed once an acceptable study addressing off-site impacts of the proposed use, such as noise and dust.
c. Require a minimum 20 metres wide landscaped buffer adjacent to the north and west property lines, which will contain a minimum 3 metres high berm and/or sound wall.
PARTICIPANT REQUESTS
4The Tribunal had not received any Party or Participant requests prior to the CMC. Two individuals, Gary Caslick and Karen Atkinson, did attend the CMC and asked for Participant Status. They were separate requests. They indicated that they were neighbours of the subject land.
5The Municipality did not oppose either request but did ask that the appropriate forms be completed and submitted to the Tribunal by the potential Participants. The Appellant did not oppose the requests but asked that they be deferred until the next Hearing event and asked that the appropriate forms be submitted prior so that they can be reviewed.
6The Tribunal Ordered that the Participant requests be deferred in order for the appropriate forms to be completed and submitted. The determination of whether to grant the requests will occur at the next Hearing event. If the next Hearing event turns into a Settlement Hearing, the Parties, will disseminate the materials of the potential Participants prior to that date. The potential Participants were also informed that if the next event does become a Settlement Hearing their Participant Statements, if granted Participant status, would need to be submitted with the request form.
NEXT STEPS
7The Parties advised the Tribunal that a proposed settlement was being brought to the Municipal Council on Monday, July 17, 2023.
8A second CMC date was secured for Friday, August 25, 2023, at 10 a.m., which may be converted to a Settlement Hearing if the Parties make that request to the Tribunal.
9Parties 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/519389173
Access code: 519-389-173
10Parties 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
11Persons 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) 497-9373 or (Toll Free) 1-888-299-1889. The access code is 519-389-173.
12Individuals 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
13THE TRIBUNAL ORDERS its directions and rulings as set out above.
13There will be no further notice.
14This Member is not seized but remains available through the Case Coordinator should the need arise.
“A. Sauve”
A. SAUVE
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.