Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 20, 2024
CASE NO(S).: OLT-22-000803
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Silvio Guglietti (Roseville Properties Inc.)
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To facilitate the development of 10 street townhouses
Reference Number: Z.1714.28
Property Address: 106-114 Robinson Street, and 71 Water Street
Municipality: Town of Oakville
OLT Case No.: OLT-23-000803
OLT Lead Case No.: OLT-23-000803
OLT Case Name: Roseville Properties Inc. v. Oakville (Town)
Heard: February 9, 2024 by Video Hearing
APPEARANCES:
Parties
Counsel/Representative*
Silvio Guglietti (Roseville Properties Inc.)
Town of Oakville
Russell Cheeseman
Stephanie Fleming
Nadia Chandra
The Regional Municipality of Halton
Brittany Maione
Janice Johnston
Michael Barton*
MEMORANDUM OF ORAL DECISION DELIVERED BY F. LAVOIE ON FEBRUARY 9, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Decision and Order arises from the second Case Management Conference (“CMC”) before the Tribunal with respect to an appeal under section 34(11) of the Planning Act by Roseville Properties Inc. (“Applicant”) resulting from the failure of the Town of Oakville (“Town”) to make a decision within the statutory timeframe on an application for a Zoning By-law Amendment (“ZBA”). The purpose of the ZBA is to facilitate the development of 10 street townhouses at 106–114 Robinson Street and 71 Water Street in the Town (“Subject Property”).
DRAFT PROCEDURAL ORDER AND ISSUES LIST
2The Tribunal received a draft Procedural Order and Issues List prior to the CMC. Counsel for the Applicant advised that they had appealed or were/are appealing conditions of the site plan, which the Town will soon file with the Tribunal. The Applicant wishes to consolidate the site plan appeal with this appeal. The other Parties do not object to this consolidation. In anticipation of the site plan appeal being filed with the Tribunal, the Tribunal will schedule both appeals together, pending a consolidation once it is received.
3The Tribunal heard submissions from the Parties regarding the length of the Hearing and directs that a six-day (6-day) Merit Hearing be held commencing on Monday, September 23, 2024 at 10 a.m.*, by Video Hearing. In addition, for the purpose of confirming whether all six days will be required for the Merit Hearing and whether a settlement has been reached on some or all of the issues, a third CMC to precede the Merit Hearing has been scheduled for Tuesday, July 23, 2024 at 10 a.m.
4The Hearings are scheduled to proceed by video as follows: Case Management Conference: Tuesday, July 23, 2024 at 10 a.m. GoTo Meeting: https://global.gotomeeting.com/join/709076365 Access code: 709-076-365 Audio-only telephone line: +1 (647) 497-9373 or Toll-Free 1-888-299-1889 Audio-only access code: 709-076-365 Merit Hearing (6 days): Monday, September 23, 2024 at 10 a.m. – Tuesday, October 01, 2024 GoTo Meeting: https://global.gotomeeting.com/join/909787981 Access code: 909-787-981 Audio-only line: +1 (647) 497-9391 or Toll-Free 1-888-455-1389 Audio-only access code: 909-787-981
5Parties 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.
6Parties 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
7Persons 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.
8Individuals 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 Video Hearing 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
9The TRIBUNAL ORDERS that:
a third Case Management Conference has been scheduled to proceed by Video Hearing, on Tuesday, July 23, 2024 at 10 a.m.
a six-day Merit Hearing has been scheduled to proceed by Video Hearing, on Monday, September 23, 2024 at 10 a.m.
an updated Procedural Order and Issues List are to be provided to the Tribunal no later than Monday, March 11, 2024.
“F. Lavoie”
F. LAVOIE
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.