Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 28, 2024
CASE NO(S).: OLT-23-001195
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: 1685078 Ontario Inc.
Subject: Application to amend the Zoning By-law – Failure of Approval Authority to make a decision
Description: To facilitate the development of 21 new residential dwellings
Reference Number: RZ 08-05
Property Address: 0 Highway 9, Part of Lots 28 & 29, Concession 9
Municipality: Town of Caledon
OLT Case No.: OLT-23-001195
OLT Lead Case No.: OLT-23-001195
OLT Case Name: 1685078 Ontario Inc. v. Caledon (Town)
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: 1685078 Ontario Inc.
Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description: To facilitate the development of 21 new residential dwellings
Reference Number: 21T-08001C
Property Address: 0 Highway 9, Part of Lots 28 & 29, Concession 9
Municipality: Town of Caledon
OLT Case No.: OLT-23-001196
OLT Lead Case No.: OLT-23-001195
Heard: February 22, 2024 by Video Hearing
APPEARANCES:
Parties
Counsel
1685078 Ontario Inc. (“Appellant”)
Town of Caledon (“Town”)
John Alati Michael Cook (in-absentia) Raj Kehar
Caledon Residences Inc.
John George Pappas Matthew Helfand (in-absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY GREGORY J. INGRAM ON FEBRUARY 22, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the first Case Management Conference (“CMC”) concerning 1685078 Ontario Inc.’s appeals due to the Town’s failure to decide on an application for a Zoning-By-law amendment (“ZBA”) under s. 34(11) of the Planning Act, R.S.O. 1990 (“Act”) and Draft Plan of Subdivision (“DPS”) under s. 51 (34) within the timeframes prescribed in the Act for the property known as 0 Highway 9, Part of Lots 28 & 29, Concession 9 (Albion) in the Town of Caledon (“Subject Lands”).
[2] The ZBA proposes to rezone the Subject Lands from ‘Rural – Oak Ridges Moraine’ and ‘Environmental Policy Area 2 – Oak Ridges Moraine to ‘Estate Residential, ‘Estate Residential Exception 657’, ‘Environmental Policy Area 1 – Oak Ridges Moraine and ‘Environmental Policy Area 1 Exception 405 to facilitate the development of 21 new residential dwellings with site-specific provisions related to lot area, lot frontage, setbacks, and to establish provisions for structure envelopes. The DPS proposes estate-size residential lots, reforestation areas, an extension of Walter Brown Drive from the Beaverhall subdivision to Mount Pleasant Road, a block for stormwater infrastructure, and blocks associated with widening/reserves along Highway 9 and Mount Pleasant Road.
3The Affidavit of Service was sworn on February 6, 2024, and confirms that notice was served. The Affidavit of Service was marked as Exhibit 1 with the consent of the Parties, and it was determined that no further notice is required.
STATUS REQUESTS
4The Tribunal received one Party status request from Caledon Residences Inc. Caledon Residences Inc. developed a residential subdivision immediately to the south of the Subject Lands called Caledon Estates. Their interest in this case primarily revolves around the completion of the transportation network for the area and infrastructure cost-sharing opportunities with the proposed development.
5In light of their obvious interest in the proposed development and with the consent of the Parties, Party status was granted to Caledon Residences Inc.
6The Tribunal received one Participant status request from John Joyce. Mr. Joyce owns property adjacent to the Subject Lands and is concerned about his well water should the development be approved. Given his clear interest in the development and with the consent of the Parties, Mr. Joyce was granted Participant status.
MEDIATION
7Counsel for the Appellant indicated that discussions with the Town have already commenced and will now include the newly added Party. He indicated that Tribunal-led mediation is not needed at this time.
NEXT STEPS
8The Tribunal heard submissions from the Parties regarding next steps related to this case. In summary, the Parties requested that a second CMC be scheduled in late May 2024 to provide time for discussions between the Parties to continue and potentially reach a settlement. Counsel for the Town indicated that a Council meeting is scheduled for May 21, 2024, where direction from the Council could be received should discussions progress toward a potential settlement. The Parties also agreed that it was premature to create a draft Procedural Order and Issues List.
9The Tribunal scheduled a second CMC for Tuesday, June 11, 2024. It is expected that the Parties will provide a status update to the Tribunal by Tuesday, May 28, 2024, so that an agenda can be confirmed for the second CMC. If a draft settlement has not been reached related to the appeals, it is expected that a draft Procedural Order and Issues List will be provided for consideration by the Tribunal and to assist in setting dates for a hearing of the merits.
10The CMC is scheduled to proceed by video on Tuesday, June 11, 2024 at 10 a.m.
11Parties 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:
GoToMeeting: https://global.gotomeeting.com/join/519389173
Access code: 519-389-173
12Parties 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
13Persons who experience technical difficulties accessing the GoToMeeting application, or who only wish to listen to the event, can connect to the event by calling an audio-only telephone line: (Toll-Free) 1-888-299-1889 or +1 (647) 497-9373. The access code is as indicated above.
14Individuals 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 before the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
15The Member is not seized, and no further notice is required.
ORDER
16THE TRIBUNAL ORDERS THAT:
Caledon Residences Inc. be granted Party status.
The second Case Management Conference shall commence on Tuesday, June 11, 2024, at 10 a.m. by video as per the details set out above.
“Gregory J. Ingram”
GREGORY J. INGRAM
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.