Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
February 21, 2024
CASE NO(S).:
OLT-22-002091
(Formerly PL120217)
OLT-22-002100
(Formerly PL130063)
OLT-22-002115
(Formerly PL151086)
OLT-22-002147
(Formerly PL160076)
OLT-22-002084
(Formerly PL171407)
OLT-22-002079
(Formerly PL171408)
OLT-22-002076
(Formerly PL171409)
OLT-22-002171
(Formerly PL171515)
OLT-22-002085
(Formerly PL180303)
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
Bromont Homes Inc.
Appellant:
Kerry L.W. Doughty
Appellant:
Ferma Aggregates Inc.
Appellant:
Jennifer Graham; and others
Subject:
Official Plan
Municipality:
City of Kawartha Lakes
OLT Case No.:
OLT-22-002091
Legacy Case No.:
PL120217
OLT Lead Case No.:
OLT-22-002091
Legacy Lead Case No.:
PL120217
OLT Case Name:
Graham v. Ontario (Municipal Affairs and Housing)
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
J. Stollar Construction Limited
Subject:
Proposed Official Plan Amendment No. 35
Municipality:
City of Kawartha Lakes
OLT Case No.:
OLT-22-002100
Legacy Case No.:
PL130063
OLT Lead Case No.:
OLT-22-002100
Legacy Lead Case No.:
PL130063
OLT Case Name:
J. Stollar Construction Ltd v. Kawartha Lakes (City)
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
J. Stollar Construction Limited
Subject:
By-law No. D06-18-103
Municipality:
City of Kawartha Lakes
OLT Case No.:
OLT-22-002108
Legacy Case No.:
PL130064
OLT Lead Case No.:
OLT-22-002100
Legacy Lead Case No.:
PL130063
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
Catherine Gravely
Appellant:
J. Stollar Construction Limited
Appellant:
Ministry of Municipal Affairs and Housing
Subject:
Official Plan Amendment No. 15
Municipality:
City of Kawartha Lakes
OLT Case No.:
OLT-22-002115
Legacy Case No.:
PL151086
OLT Lead Case No.:
OLT-22-002115
Legacy Lead Case No.:
PL151086
OLT Case Name:
Gravely v. Kawartha Lakes (City)
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
Catherine Gravely
Appellant:
J. Stollar Construction Limited
Appellant:
Ministry of Municipal Affairs and Housing
Subject:
Proposed Official Plan Amendment No. 17
Municipality:
City of Kawartha Lakes
OLT Case No.:
OLT-22-002147
Legacy Case No.:
PL160076
OLT Lead Case No.:
OLT-22-002147
Legacy Lead Case No.:
PL160076
OLT Case Name:
Gravely v. Kawartha Lakes (City)
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
2358493 Ontario Inc.
Appellant:
BARMMAR Investments Ltd. & BMMB Investments Ltd.
Appellant:
Bromont Homes Inc.
Appellant:
Comhold Investments Ltd.; and others
Subject:
Proposed Official Plan Amendment No. OPA 13
Municipality:
City of Kawartha Lakes
OLT Case No.:
OLT-22-002084
Legacy Case No.:
PL171407
OLT Lead Case No.:
OLT-22-002084
Legacy Lead Case No.:
PL171407
OLT Case Name:
Gravely v. Kawartha Lakes (City)
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
Comhold Investments Ltd.
Appellant:
Catherine Gravely
Appellant:
J. Stollar Construction Limited
Appellant:
William Westcott
Subject:
Proposed Official Plan Amendment No. OPA 14
Municipality:
City of Kawartha Lakes
OLT Case No.:
OLT-22-002079
Legacy Case No.:
PL171408
OLT Lead Case No.:
OLT-22-002079
Legacy Lead Case No.:
PL171408
OLT Case Name:
Gravely v. Kawartha Lakes (City)
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
2358493 Ontario Inc.
Appellant:
BARMMAR Investments Ltd. & BMMB Investments Ltd.
Appellant:
Bromont Homes Inc.
Appellant:
Catherine Gravely; and others
Subject:
Proposed Official Plan Amendment No. 16
Municipality:
City of Kawartha Lakes
OLT Case No.:
OLT-22-002076
Legacy Case No.:
PL171409
OLT Lead Case No.:
OLT-22-002076
Legacy Lead Case No.:
PL171409
OLT Case Name:
Gravely v. Kawartha Lakes (City)
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicants and Appellants:
Comhold Investments, Medlaw Corporation and Mason Burch
Subject:
Request to amend the Official Plan - Failure of the City of Kawartha Lakes to adopt the requested amendment
Existing Designation:
Urban, Highway Commercial and Agricultural
Proposed Designation:
Urban
Purpose:
To permit the expansion of the existing Pinecrest nursing home and the development of 280 units within 6 four-storey condominium buildings
Property Address/Description:
3400 and 3418 CLK Road 36 and 91 Little Bob Drive
Municipality:
City of Kawartha Lakes
Approval Authority File No.:
D01-16-156
OLT Case No.:
OLT-22-002171
Legacy Case No.:
PL171515
OLT Lead Case No.:
OLT-22-002171
Legacy Lead Case No.:
PL171515
OLT Case Name:
Comhold Investments v. Kawartha Lakes (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicants and Appellants:
Comhold Investments et al
Subject:
Application to amend Zoning By-law No. 6-87 and 16-78 - Refusal or neglect of the City of Kawartha Lakes to make a decision
Existing Zoning:
General Rural (A1), Highway Commercial (C2), Community Facility (CF) and Urban Residential Type One (R1) Zone
Proposed Zoning:
Site Specific (TBD)
Purpose:
To permit the expansion of the existing Pinecrest nursing home and the development of 280 units within 6 four-storey condominium buildings
Property Address/Description:
3400 and 3418 CLK Road 36 and 91 Little Bob Drive
Municipality:
City of Kawartha Lakes
Municipality File No.:
D06-35-074
OLT Case No.:
OLT-22-003781
Legacy Case No.:
PL171516
OLT Lead Case No.:
OLT-22-002171
Legacy Lead Case No.:
PL171515
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicants and Appellants:
Comhold Investments et al
Subject:
Proposed Plan of Subdivision - Failure of the City of Kawartha Lakes to make a decision
Purpose:
To permit the expansion of the existing Pinecrest nursing home and the development of 280 units within 6 four-storey condominium buildings
Property Address/Description:
3400 and 3418 CLK Road 36 and 91 Little Bob Drive
Municipality:
City of Kawartha Lakes
Municipality File No.:
D05-35-019
OLT Case No.:
OLT-22-003782
Legacy Case No.:
PL180414
OLT Lead Case No.:
OLT-22-002171
Legacy Lead Case No.:
PL171515
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicants and Appellants:
Bromont Homes Inc., Bromont Investments Inc., Bromont Lindsay 2 Corp. and Bromont Lindsay 5 Corp.
Subject:
Request to amend the Official Plan - Failure of the City of Kawartha Lakes to adopt the requested amendment
Existing Designation:
Highway Commercial, Tourist Commercial and Environmental Protection
Proposed Designation:
Highway Commercial, Mixed Use Gateway, Prestige Industrial and Parks and Open Space
Purpose:
To permit retail, service commercial and prestige employment uses with a collector street
Property Address/Description:
2387 Highway 7 and 332 Lindsay Street South
Municipality:
City of Kawartha Lakes
Approval Authority File No.:
D01-17-005
OLT Case No.:
OLT-22-002085
Legacy Case No.:
PL180303
OLT Lead Case No.:
OLT-22-002085
Legacy Lead Case No.:
PL180303
OLT Case Name:
Bromont Homes Inc. v. Kawartha Lakes (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicants and Appellants:
Bromont Homes Inc., Bromont Investments Inc., Bromont Lindsay 2 Corp. and Bromont Lindsay 5 Corp.
Subject:
Application to amend Zoning By-law No. 93-90 - Refusal or neglect of the City of Kawartha Lakes to make a decision
Existing Zoning:
Agricultural (A), Highway Commercial (CH) and Open Space Exception Three (OS-3) Zones
Proposed Zoning:
Site Specific (To be determined)
Purpose:
To permit retail, service commercial and prestige employment uses with a collector street
Property Address/Description:
2387 Highway 7 and 332 Lindsay Street South
Municipality:
City of Kawartha Lakes
Municipality File No.:
D06-17-020
OLT Case No.:
OLT-22-002088
Legacy Case No.:
PL180304
OLT Lead Case No.:
OLT-22-002085
Legacy Lead Case No.:
PL180303
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicants and Appellants:
Bromont Homes Inc., Bromont Investments Inc., Bromont Lindsay 2 Corp. and Bromont Lindsay 5 Corp.
Subject:
Proposed Plan of Subdivision - Failure of the City of Kawartha Lakes to make a decision
Purpose:
To permit retail, service commercial and prestige employment uses with a collector street
Property Address/Description:
2387 Highway 7 and 332 Lindsay Street South
Municipality:
City of Kawartha Lakes
Municipality File No.:
D05-17-002
OLT Case No.:
OLT-22-002090
Legacy Case No.:
PL180305
OLT Lead Case No.:
OLT-22-002085
Legacy Lead Case No.:
PL180303
Heard:
February 20, 2024, via Video Hearing
APPEARANCES:
Parties
Counsel
City of Kawartha Lakes
Stephen J. D’Agostino Denitza Koev (in absentia)
J. Stollar Construction Limited
Raj Kehar Denise Baker (in absentia)
Comhold Investments Limited
Tom Halinski David Neligan (in absentia)
Kerry Doughty
Richard J. Taylor
MEMORANDUM OF ORAL DECISION DELIVERED BY n. eisazadeh and steven cooke ON February 20, 2024, AND ORDER OF THE TRIBUNAL
Introduction
1This Decision arises from the latest Case Management Conference (“CMC”) conducted in this multi-phased Hearing of various Appeals of the City of Kawartha Lakes (“City”) 2012 Official Plan (“CKLOP”) and its Secondary Plans (“SP”). The objective of this CMC was to obtain a status update from the Parties respecting the next phases of Hearing.
Update Respecting PartY, Andrew Murdoch
2At the last CMC held on October 12, 2023, the Tribunal directed that Andrew Murdoch (Non-Appellant Party to the Phase 7 Hearing) respond to Counsel for the City and/or this Tribunal as to whether he wishes to remain a Party to these proceedings by Tuesday, February 20, 2024, otherwise his Party status shall be revoked.
3Counsel for the City, Stephen J. D’Agostino, advised that Mr. Murdoch confirmed by way of email of his intention to continue as a Party to the Phase 7 Hearing. While Mr. Murdoch was not in attendance at the present CMC, the Tribunal accepts his expressed intention for continued participation and reminds Mr. Murdoch that his participation is governed by the Sheltering provisions for Non-Appellant Parties under Rule 8.3 of the Ontario Land Tribunal Rules of Practice and Procedures, and the issues list for the Phase 7 Hearing set out in the Procedural Order dated January 10, 2024, appended as Schedule A to this Decision.
THE REMAINING Phases of Hearing
PHASE 5 & 7
4By way of the Decision of this Panel dated October 26, 2023, an Order was granted for the Phase 5 Hearing (“Bobcaygeon Secondary Plan Appeal” or “OPA 14”, inclusive of the private Appeal by Comhold Investments Ltd. or “Comhold Appeal”), to be merged to be heard one after the other, with the Phase 7 Hearing (“Omemee Secondary Plan Appeal” or “OPA 17”).
5At that time, the Merit Hearing for the combined Phase 5, Comhold Appeal, and Phase 7 Hearing was also scheduled and is set to commence on Wednesday, September 11, 2024, as set out below. The Procedural Order governing the combined Hearings was previously issued and is appended at Schedule A to this Decision.
6Mr. D’Agostino advised that ongoing discussions continue between the Parties and their respective experts in those proceedings, and there appears to be continued progress with the potential to resolve or narrow down the remaining issues. The Parties requested a further CMC to be scheduled in late Spring, the purpose of which is to continue the momentum of the Parties and their experts in progressing the matters forward towards potential settlement and/or to deal with any outstanding issues prior to the commencement of the Merit Hearing, as scheduled.
7The Tribunal so directs a further CMC to be held on Tuesday, May 7, 2024, as set out below.
PHASE 6
8The Phase 6 Appeal (Fenelon Falls Secondary Plan Appeal” or “OPA 15”) by the sole Appellant in that matter, J. Stollar Construction Limited, was previously withdrawn and that Appeal is closed.
PHASE 8
9The Phase 8 Appeal regards the “Woodville Secondary Plan Appeal” or “OPA 18”. At the previous CMC held on October 12, 2023, Counsel for the City advised it was seeking instructions on the potential repeal of the enacting By-law for the Woodville Secondary Plan that is the subject of appeal by the sole Appellant remaining in Phase 8, J. Stollar Construction Limited. Should those instructions be received, it would bring a close to the Phase 8 Appeal in its entirety.
10The Tribunal directs that an update from the Parties be provided at the next scheduled CMC in this regard.
KERRY DOUGHTY APPEALS
11The Appeal by Kerry Doughty was previously adjourned sine die (“Doughty Appeal”). Mr. D’Agostino advised that while there are no Minutes of Settlement as of yet, the respective experts have had fruitful discussions and appear to have come to a good resolution. Mr. D’Agostino advised that he was hopeful to have a formal Minutes of Settlement later in the week and Counsel for both Parties agreed that a written motion could then be submitted for approval of the settlement reached. Mr. D’Agostino added clarification that he had not received instructions from Council, but that a Council meeting was expected on March 2, 2024, and he was hopeful that a written settlement motion could be expected in April or May 2024.
LINDSAY SECONDARY PLAN
12On May 23, 2023, this Panel presided over a Motion for partial approval of the Phase 4 Appeals, which encompassed the Appeals of Policy 18.4.4 of the Official Plan Amendment No. 13 (“OPA 13”), referred to as the General Amendment to the CKLOP, and Official Plan Amendment No. 16 (“OPA 16”), being the Lindsay Secondary Plan (“LOP”).
13By way of the Decision of this Panel dated July 17, 2023, the Tribunal granted partial approval of the Phase 4 Appeals, inclusive of the OPA 16; however, withheld its Order (“Order No. 5”) until such time as the Minster of Municipal Affairs and Housing approved the formal repeal of the LOP.
14By way of update, Mr. D’Agostino advised that City staff have followed-up and learned that approval of the LOP repeal is expected imminently. A further update will be provided to the Tribunal once that occurs in order to bring Order No. 5 into effect.
NEXT Hearing Event Details
15The next Hearings are scheduled to proceed by video as follows:
Next CMC:
Date: Tuesday, May 7, 2024, at 10 a.m.
GoTo Meeting: https://global.gotomeeting.com/join/979388733
Access code: 979-388-733
Audio-only telephone line: +1 (647) 497-9373 or (Toll Free) 1-888-299-1889
Audio-only access code: 979-388-733
Phase 5 and Phase 7 Five-Week Merged Hearing:
Starting: Wednesday, September 11, 2024 at 10 a.m.
Ending: Friday, October 18, 2024 at 5 p.m.
Exception: Note the following dates on which the Panel will not be sitting: Monday, September 30, 2024; Monday, October 14, 2024; and Tuesday, October 15, 2024
GoTo Meeting: https://meet.goto.com/680885805
Access code: 680-885-805
Audio-only telephone line: +1 (647) 497-9373 or (Toll Free) 1-888-299-1889
Audio-only access code: 680-885-805
16The Parties 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.
17For all Video Hearings, all Parties, Participants, witnesses or observers 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.
18Persons 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.
19Individuals are directed to connect to each of the events on the assigned dates at the correct time. It is the responsibility of the persons participating in the Hearings to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing events may be directed to the Tribunal’s Case Coordinator having carriage of this case.
20There will be no further notice with respect to each of the two hearing events.
21The Panel remains seized.
“N. Eisazadeh”
N. eisazadeh
MEMBER
“Steven Cooke”
steven cooke
VICE-CHAIR
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.
SCHEDULE A