ISSUE DATE: October 18, 2024
CASE NO(S).: OLT-24-000751
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: 1000403721 Ontario Corp.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the redevelopment of the site with a 6-storey mixed-use building
Reference Number: PZ-16-23
Property Address: 75-79 Erie Avenue
Municipality/UT: Brantford/Brant County
OLT Case No.: OLT-24-000751
OLT Case Name: 1000403721 Ontario Corp. v. City of Brantford
Heard: October 11, 2024 by Video Hearing
APPEARANCES:
Parties
Counsel
1000403721 Ontario Corp.
Caroline Jordan
City of Brampton
Geoff Daley
MEMORANDUM OF ORAL DECISION DELIVERED BY KURTIS SMITH ON OCTOBER 11, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the first Case Management Conference (“CMC”) pertaining to the Appeal filed by 1000403721 Ontario Corp. (“Applicant”) due to the failure of the City of Brantford (“City”) to make a decision on the Applicant’s Zoning By-law Amendment (“ZBA”) within the statutory time frame for the lands municipally known as 75 and 79 Erie Avenue (“Subject Lands”).
2The Applicant intends to develop a six-storey mixed-use building on the Subject Lands which is located in the Floodplain Special Policy Area 1 designation. The proposed development would create 148 square metres (“m2”) of ground floor commercial area and twenty above grade apartment dwelling units. The Application would facilitate site-specific zoning to recognize the deficiencies in minimum landscaped open space, required parking, and minimum interior yard setbacks in the Zoning By-law. The proposed development is intended to be a rental building, with the potential for student rentals.
3The Tribunal received and marked the Affidavit of Service of the Notice of the CMC, sworn by Mina Siskopoulos as Exhibit 1. There were no issues with the Notice of CMC, and as such, no further notice is required.
4No Party or Participant Status requests were received.
NEXT STEPS
5The Parties communicated to the Tribunal that they are aware of Tribunal-led Mediation and intent to engage in mediation to reduce, scope and/or resolve this matter in advance of the merit hearing scheduled below.
6The Tribunal was in receipt of the Draft Procedural Order (“DPO”), absent of the Issues List (“IL”). The Party’s committed to producing the DPO and IL on consent to the Tribunal for review and approval by Friday, October 25, 2024.
7A hearing to consider the merit was therefore scheduled for four-days, commencing on Tuesday, April 8, 2025, at 10 a.m. and concluding on Friday, April 11, 2025.
8The Hearing on the Merits is scheduled to proceed as follows:
GoToMeeting: https://global.gotomeeting.com/join/979388733
Access Code: 979-388-733
9Parties and Participants are asked to access and set up the application well in advance of the event to avoid unnecessary delay, and log into the video hearing no later than 15 minutes before the start of the event to test their video and audio connections. 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 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
12THE TRIBUNAL ORDERS the draft Procedural Order and Issues List is to be submitted to the Tribunal on consent of the Party’s on or before Friday, October 25, 2024,
13AND FURTHER ORDERS that a (4) four-day hearing is scheduled as set out in paragraph [7] above.
14The Member is not seized but may be spoken to should any assistance be required in executing this Order, and no further notice is required.
“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.