Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
August 23, 2023
CASE NO(S).:
OLT-23-000195
Applicant/Appellant:
Skyline Real Estate Holdings Inc.
Subject:
Site Plan Control Application – failure to approve
Description:
To permit construction of an L-shaped 6 storey rental apartment building with 158 units
Reference Number:
D19-2022-002
Property Address:
Block 39 Concession 6 Plan 57M798
Municipality:
City of Kawartha Lakes
OLT Case No.:
OLT-23-000195
OLT Lead Case No.:
OLT-23-000195
OLT Case Name:
Skyline Real Estate Holdings Inc. v. Kawartha Lakes (City)
Heard:
August 22, 2023 by Video Hearing
APPEARANCES:
Parties
Counsel
Skyline Real Estate Holdings lnc.
J. Fraser E. Costello (in absentia)
City of Kawartha Lakes
D. Koev
MEMORANDUM OF ORAL DECISION DELIVERED BY C. I. MOLINARI ON august 22, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Tribunal convened a Case Management Conference (“CMC”) in respect of an appeal filed pursuant to subsection 41(12) of the Planning Act by Skyline Real Estate Holdings lnc. (“Appellant”) against the City of Kawartha Lakes (“City”) for its failure to approve a Site Plan Amendment application for the property located on the east side of Logie Street, between Primeau Crescent and Deacon Crescent in Lindsay (“Subject Property”).
2The Appellant proposes to redevelop the Subject Property with an L-shaped 6-storey 158-unit rental apartment building fronting on Logie Street, with internalized surface parking and landscaping around the perimeter.
PARTIES / PARTICIPANTS
3In advance of the CMC, the Tribunal was in receipt of five (5) requests for Participant Status from:
Brian Gallaugher;
Eric Finn;
Rosemary Scully-LeBlanc;
Jeff Van Ginkel; and
William Donnelly and Lorraine Chanchal-Donnelly.
4With the consent of the Parties, all Participant status requests were granted as the Participants have a genuine and direct interest in the matter and could assist the Tribunal in making its Decision. Counsel for the Appellant premised her consent by stating that the Appellant would not be agreeable to elevating the Participant status requests to Party status.
5There were no requests for Party status.
DRAFT PROCEDURAL ORDER
6The Tribunal was not in receipt of a draft Procedural Order (“DPO”) or Issues List (“IL”). The Parties agreed to submit a DPO by September 26, 2023 to provide time to finalize the IL.
MEDIATION
7The Tribunal advised the Parties of the option of Tribunal-led mediation and to contact the Case Coordinator to determine next steps if the need for mediation arises.
HEARING EVENT
8Both the Appellant and the City advised that they would each limit their evidence to that of a land use planner, and both Parties were agreeable to a one-day Hearing of the merits.
9At the request of the Parties, the Tribunal has scheduled a 1-day Video Hearing, scheduled to proceed at 10 a.m. on Thursday, November 2, 2023.
10Parties and Participants are asked to log in to the Video Hearing at least 15 minutes before the start of the event to test video and audio connections:
https://meet.goto.com/558205565
Access code: 558-205-565
11Parties 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
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 in to an audio-only telephone line: +1 (647) 497-9373 or (Toll-Free) 1-888-299-1889. The access code is: 558-205-565.
13Individuals 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
14The Tribunal confers Participant status to Brian Gallaugher, Eric Finn, Rosemary Scully-LeBlanc, Jeff Van Ginkel, and William Donnelly and Lorraine Chanchal-Donnelly.
15The Tribunal directs the Parties to submit a Procedural Order including the Issues List to the Tribunal on or before September 26, 2023.
16The Tribunal orders a 1-day hearing that a one-day Hearing will commence by Video Hearing on Thursday, November 2, 2023, at 10 a.m.
“C. I. Molinari”
C. I. MOLINARI
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.