Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 27, 2023
CASE NO(S).: OLT-23-000641
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Aragon (Hockley) Development (Ontario) Corporation
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit the development of 220, three-storey townhouse units
Reference Number: OPA 2022-02
Property Address: Block 2 and 28 of Registered Plan 7M-41 and Part 7 of Lot 5, Concession 2 of Reference Plan 7R5452
Municipality/UT: Mono/Dufferin
OLT Case No.: OLT-23-000641
OLT Lead Case No.: OLT-23-000641
OLT Case Name: Aragon (Hockley) Development (Ontario) Corporation v. Mono (Town)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Aragon (Hockley) Development (Ontario) Corporation
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the development of 220, three-storey townhouse units
Reference Number: ZBA 2022-02
Property Address: Block 2 and 28 of Registered Plan 7M-41 and Part 7 of Lot 5, Concession 2 of Reference Plan 7R5452
Municipality/UT: Mono/Dufferin
OLT Case No.: OLT-23-000642
OLT Lead Case No.: OLT-23-000641
Heard: September 21, 2023 by Video Hearing
APPEARANCES:
Parties
Counsel
Aragon Hockley Development (Ontario) Corporation
E. Costello
Township of Mono
S. Floras J. Wilker (in absentia)
memorandum of oral DECISION BY STEVEN T. MASTORAS on September 21, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The matter before the Tribunal is a Case Management Conference (“CMC”) based on appeals pursuant to s. 22(7) and 34(11) of the Planning Act (“Act”) for failure to adopt the requested amendment and the refusal or neglect to make a decision respectively by the Township of Mono (“Town”). Aragon Hockley Development (Ontario) Corporation (“Applicant”) is seeking an Official Plan Amendment (“OPA”) and a Zoning By-law Amendment (“ZBA”) (together “Appeals”) for the lands known as Block 2 and 28 of Registered Plan 7M-41 and Part 7 of Lot 5, Concession 2 of Reference Plan 7R5452 (collectively “Subject Lands”). There is no current numerical municipal address of record.
2The Applications propose the redevelopment of the Lands with a residential condominium community comprised of 220 three-storey townhouse units with internal garages. The proposed development anticipates housing approximately 510 residents (2.32 persons/unit). A total of 52 visitor parking spaces and various shared common areas including landscaped open spaces and recreational areas are proposed. Two entrances are proposed to access the Subject Lands from Kingfisher Drive.
3A communal wastewater treatment system is proposed to service the Subject Lands which are abutting the north side of Monora Park Drive, also owned by the Applicant. This neighbouring site is proposed to be maintained for future commercial development.
4The Affidavit of Service for Notice of the hearing was properly circulated, sworn on August 23, 2023 by Tarah Coutts and is marked as Exhibit 1.
STATUS REQUESTS, PROCEDURAL ORDER AND ISSUES LIST, MEDIATION
5There were no requests for Party or Participant Status at the CMC.
6The Town submitted an extensive draft Issues List on September 20, 2023 to the Tribunal and the Parties did not appear to have had the opportunity prior to this CMC to discuss a Procedural Order and Issues List (“PO/IL”) in greater detail. It was quite evident that Counsel for the Parties were both willing to dialogue further in order to clarify the IL and attempt to narrow the issues prior to proposing that a future hearing on the merits of the Appeals be scheduled at the discretion of the Tribunal.
7The Parties consented to a second CMC scheduled to commence on Thursday November 23, 2023 by video at 10:00 a.m.
8Parties 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/687587165
Access Code: 687-587-165
9Parties 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.
10Persons 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.
11Individuals 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 CMC 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.
12The Tribunal is encouraged that the Parties agreed to further discuss the PO/IL in an effort to scope the issues further and also indicated their willingness to seek a Tribunal-led mediation assessment in the interim period with the objective of establishing a draft PO/IL on or before Monday, November 13, 2023, as set out in this Order. The Parties also agreed to advise the Case Coordinator of any updates related to the matter.
ORDER
13THE TRIBUNAL ORDERS that:
a) A second Case Management Conference is scheduled to commence on Thursday November 23, 2023, by video at 10:00 a.m.
b) A draft Procedural Order and Issues List shall be submitted to the Tribunal on or before Monday, November 13, 2023.
14There will be no further notice.
15The Member is not seized of this matter.
“Steven T. Mastoras”
STEVEN T. MASTORAS
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.