Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 21, 2023
CASE NO(S).: OLT-23-000295
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant: Rotary Club of Brampton Glen Community Centre
Subject: Request to amend the Official Plan – Refusal of Request
Description: To permit the development of two multi storey residential apartment buildings with a height of twelve and fourteen storeys
Reference Number: OZS-2021-0018
Property Address: 1857 Queen Street West
Municipality/UT: City of Brampton
OLT Case No: OLT-23-000295
OLT Lead Case No: OLT-23-000295
OLT Case Name: Rotary Club of Brampton Glen Community Centre v. Brampton (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Rotary Club of Brampton Glen Community Centre
Subject: Application to amend the Zoning By-law – Refusal of application
Description: To permit the development of two multi storey residential apartment buildings with a height of twelve and fourteen storeys
Reference Number: OZS-2021-0018
Property Address: 1857 Queen Street West
Municipality: City of Brampton
OLT Case No.: OLT-23-000296
OLT Lead Case No.: OLT-23-000295
Heard: August 16, 2023 by Video Hearing
APPEARANCES:
Parties
Counsel
Rotary Club of Brampton Glen Community Centre
M. Lakatos-Hayward R. Gill (in absentia) D. Bronskill (in absentia)
City of Brampton
E. Bashura S. Ross (in absentia)
1951 Queen Street West Inc.
M. Flynn-Guglietti
MEMORANDUM OF ORAL DECISION DELIVERED BY C. I. MOLINARI ON AUGUST 16, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Tribunal convened a Case Management Conference (“CMC”) in respect of an appeal filed pursuant to subsections 22(7) and 34(11) of the Planning Act (“Act”) by Rotary Club of Brampton Glen Community Centre (“Appellant”) against the City of Brampton (“City”) for its refusal of Official Plan Amendment (“OPA”) and Zoning By-law Amendment (“ZBA”) applications (“Applications”) for the property at 1857 Queen Street West (“Subject Property”).
2The Appellant proposes to redevelop the Subject Property with two residential apartment buildings with heights of 12 and 14 storeys and with ground floor commercial uses in the 14 storey building.
NOTICE
3An Affidavit of Service sworn on July 13, 2023, attesting to the giving of notice for this proceeding, was marked as Exhibit 1.
PARTIES / PARTICIPANTS
4In advance of the CMC, a request for Participant status was received from Andrin Erinville Limited (“Andrin”), the owner of lands adjacent to the Subject Property. Neil Davis, counsel for Andrin, was in attendance at the CMC. Andrin does not object to the approval of the Applications but has concerns related to access and servicing infrastructure interdependencies between the Andrin property and the Subject Property. In addition, a cost sharing agreement between Andrin, the Appellant, and owners of two other adjacent parcels is well advanced but not yet completed.
5With the consent of the Parties, Andrin was granted Participant status as it has a genuine and direct interest in the matter and could assist the Tribunal in making its Decision.
6Also in advance of the CMC, a request for Party status was received from 1951 Queen Street West Inc. (“Cesta”), owners of the lands municipally known as 1951 Queen Street West immediately abutting the Subject Property. Mary Flynn-Guglietti, counsel for Cesta, advised the Tribunal at the CMC that Cesta would be providing evidence at the Merit Hearing in support of the Applications if granted Party status.
7With the consent of the Parties, Cesta was granted Party status as it has a genuine and direct interest in the matter and could assist the Tribunal in making its Decision.
8The Parties were advised to ensure that their witnesses address the concerns of the Participant in their evidence.
DRAFT PROCEDURAL ORDER
9In advance of the CMC, the Tribunal was in receipt of a draft Procedural Order indicating a 7-day hearing event but with no Issues List (“IL”) attached. The Parties requested that the City be given until September 5, 2023 to finalize their detailed IL.
MEDIATION
10The 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
11Ms. Bashura had concerns related to the required length of the Hearing given the addition of Cesta as a Party to the Hearing. Ms. Flynn-Guglietti advised that Cesta would limit their evidence to that of a land use planner, who would not repeat the evidence of the Appellant’s land use planning witness. Both Ms. Flynn-Guglietti and Mr. Lakatos-Hayward assured the Tribunal that any witness called by Cesta would have minimal time requirements and could be accommodated within the 7-day Hearing. Ms. Bashura was amenable to that arrangement.
12At the request of the Parties, the Tribunal scheduled a 7-day Video Hearing, commencing at 10 a.m. on Monday, April 22, 2024.
13Parties 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/278736685
Access Code: 278-736-685
14Parties 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 at:
https://app.gotomeeting.com/home.html
15Persons 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 the audio-only telephone line: +1 (647) 497-9391 or (Toll-Free) 1-888-455-1389. The access code is: 278-736-685.
16Individuals are directed to connect to the event on the assigned dates at the correct times. It is the responsibility of the persons participating in Hearing events by video to ensure that they are properly connected at the correct time. Questions prior to these hearing events may be directed to the Tribunal’s Case Coordinator having carriage of this case.
ORDER
17The Tribunal confers Participant status to Andrin Erinville Limited, and Party status to 1951 Queen Street West Inc.
18The Tribunal directs the Parties to submit a final Procedural Order including the final Issues List to the Tribunal on or before September 5, 2023.
19The Tribunal orders that a 7-day hearing will commence by Video Hearing on Monday, April 22, 2024, 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.