Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 02, 2024
CASE NO(S).: OLT-24-000026
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Tyrolean Village Resorts 2021 Limited
Subject: Application to amend the Zoning By-law – Failure of Approval Authority to make a decision
Description: To permit the creation of 12 lots with commercial lodges and a future development block
Reference Number: P3084
Property Address: 138 Kandahar Lane
Municipality/UT: The Blue Mountains/County of Grey
OLT Case No.: OLT-24-000026
OLT Case Name: Tyrolean Village Resorts 2021 Limited v. The Blue Mountains (Town)
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Tyrolean Village Resorts 2021 Limited
Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description: To permit the creation of 12 lots with commercial lodges and a future development block
Reference Number: P3085 (Lower-tier); 42T-2021-07 (County)
Property Address: 138 Kandahar Lane
Municipality/UT: The Blue Mountains/County of Grey
OLT Case No.: OLT-24-000027
OLT Lead Case No.: OLT-24-000026
OLT Case Name: Tyrolean Village Resorts 2021 Limited v. The Blue Mountains (Town)
Heard: March 22, 2024 by Video Hearing
APPEARANCES:
| Parties | Counsel/Representative* |
|---|---|
| Tyrolean Village Resorts 2021 Limited | D. Martinek* (Self-Represented) |
| The Town of The Blue Mountains | D. Baker |
| The County of Grey | E. Treslan |
MEMORANDUM OF ORAL DECISION DELIVERED BY STEVEN T. MASTORAS ON MARCH 22, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION AND BACKGROUND
1The matter before the Tribunal is a first Case Management Conference (“CMC”) relating to Appeals pursuant to sections 34(11) and 51(34) of the Planning Act (“Act”) from the failure of the Town of The Blue Mountains (“Town”) in the County of Grey (“County”) for its failure to make a decision within the statutory timeframe with respect to a Zoning By-law Amendment (“ZBA”) and a proposed Plan of Subdivision (“DPS”) applications respectively (together the “Applications”). The Appeals have been filed by Tyrolean Village Resorts 2021 Limited (“Appellant”) for the property located at 138 Kandahar Lane (“Subject Property”).
2The Subject Property is approximately 3.2 hectares (“ha”) and is currently occupied by a gravel parking lot and recreational amenities (volleyball courts, baseball diamonds, soccer fields). The Subject Property maintains a 21 metres (“m”) frontage on Tyrolean Lane, a 193 m frontage on Kandahar Lane and approximately 230 m of frontage on Arlberg Crescent.
3The purpose of the ZBA Application is to rezone the Subject Property from Development ‘D’ zone, Commercial ‘C4-157’ zone and Open Space ‘OS2’ zone to Commercial Exception ‘C3-X’ zone and Development ‘D’ zone. The purpose of the DPS Application is to divide the subject property into 12 lots and establish a future development block.
4Each lot is proposed to contain a commercial lodge that is approximately 120 metres squared (“m2”) with eight bedrooms, and proposed with a frontage of 18 m, a depth of 42 m, and a lot area of 756 m2. The development proposal also contains a 1.5 m public trail dedication and a 2.27 ha future development block.
5Access to the new lots is proposed via Tyrolean Lane. No development is currently proposed relating to the development block, and access from Kandahar Lane or Arlberg Crescent may be considered in the future. Servicing to the subdivision is proposed via existing Municipal water and future sewer services. The Subject Property is designated ‘Recreational Resort Area’ in the County Official Plan and ‘Resort Commercial’ in the Town Official Plan. The Subject Property is zoned ‘Development’.
6The Tribunal was in receipt of a sworn Affidavit of Service dated February 15, 2024, by David Finbow confirming that Notice of this CMC was properly provided. No concerns or objections were received, and the Affidavit of Service was marked as Exhibit 1.
STATUS REQUESTS AND PROCEDURAL ORDER
7A written request for Participant status from MayLiza Baak was submitted to the Tribunal on March 5, 2024, expressing concern with the Application, including but not limited to the following issues:
- Noise level, and disruption;
- Traffic created by non-residents; and
- Density during summer months.
8Mary McCarthy was present at the Hearing and expressed an interest in Participant status, having been involved previously in the matter at the Town Council level. Not being familiar with the Ontario Land Tribunal’s Rules of Practice and Procedure (“Rules”), she confirmed that she would promptly follow up with this request in writing, and the Tribunal confirmed receipt of the written email request on March 25, 2024. Ms. McCarthy’s issues of concern with the addition of more short-term accommodations to the area included, but were not limited to the following:
- Negative impacts to property values to the full-time residents;
- Enforcement resulting from increased noise volume particularly during summer months;
- Traffic/transportation and parking impact and analysis; and
- Ongoing property maintenance and state of repair issues, including garbage control and landscaping.
9The Parties did not express any concern or objection to these requests and the Tribunal conferred Participant status on MayLiza Baak and Mary McCarthy.
10The Parties submitted a draft Procedural Order and Issues List (“DPO-IL”) on consent prior to the CMC but noted that with a total of eight potential witnesses, the Hearing would likely require an extension from five (5) days up to potentially ten (10) days at the discretion of the Tribunal.
MEDIATION AND SETTLEMENT OPPORTUNITIES
11The Applicant expressed a desire for Tribunal-led mediation in an effort to seek a potential Settlement of the matter or at the very least, additional time to scope the issues before a Hearing date is scheduled. Counsel for the Town and County agreed that this may be a more appropriate next step and that a second CMC should be scheduled at the discretion of the Tribunal.
12The Tribunal was encouraged by this and advised the Applicant that in order for the option of Tribunal-led mediation to proceed with mutual consent of the Parties, legal counsel should be retained as soon as possible. The Tribunal directed that the Case Coordinator, the Town and County must also be kept updated.
13After careful consideration of the respective calendars of the Parties, the Tribunal scheduled a second CMC to commence on Monday, June 17, 2024 by Video Hearing at 10 a.m.
14Parties 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: GoToMeeting: https://global.gotomeeting.com/join/709076365
Access Code: 709-076-365
15Parties 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
16Persons 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.
17Individuals 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.
18The Parties were directed to provide the Case Coordinator with an update on the status of the matter on or before Friday, May 31, 2024, regarding their progress and whether the second CMC should be re-scheduled as a Settlement matter before the Tribunal.
19Finally, the Tribunal also directed that if the Parties were to request the scheduling of a Merit Hearing, that an updated DPO-IL be submitted to the Case Coordinator on or before Friday, June 7, 2024, for the Tribunals consideration at the CMC as scheduled.
ORDER
20THE TRIBUNAL ORDERS that:
a) A second Case Management Conference is scheduled as described above; and,
b) Prior to the second Case Management Conference, the Parties shall deliver a draft Procedural Order on consent terms or which delineates any areas of remaining dispute
“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.