Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 09, 2024
CASE NO(S).: OLT-24-000196
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Blue Birch Properties Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the rezoning of subject lands to redefine the existing wetland and hazard zones and to establish two (2) development envelopes.
Reference Number: P3386
Property Address: Part Lot 25, Concession 4
Municipality: The Blue Mountains
OLT Case No.: OLT-24-000196
OLT Lead Case No.: OLT-24-000196
OLT Case Name: Blue Birch Properties Inc v. The Blue Mountains (Town)
Heard: May 7, 2024, by Video Hearing
APPEARANCES:
Parties
Counsel
Blue Birch Properties Inc.
J. Park A. Frank (in absentia)
Town of the Blue Mountains
K. Algayer D. Baker
Grey Sauble Conservation Authority
A. Ciccone
Niagara Escarpment Commission
D. Kappos
MEMORANDUM OF ORAL DECISION DELIVERED BY P. TOMILIN ON MAY 7, 2024 AND ORDER OF THE TRIBUNAL
1This was the first Case Management Conference (“CMC”) in the matter of an Appeal by Blue Birch Properties Inc. (“Applicant” / “Appellant”) arising from the failure of the Town of the Blue Mountains (“Town”) to approve a Zoning By-law Amendment Application (“ZBA”), pursuant to s. 34(11) of the Planning Act for the property Municipally known as Part Lot 25, Concession 4 (“site”).
2The Appellant is seeking to rezone the site to redefine the existing wetland and hazard zones and to establish two development envelopes.
3The Tribunal received the Affidavit of Service and marked it as Exhibit 1.
PARTY STATUS REQUESTS
4The Tribunal received three Party status requests. One of the requestors was Robert Aziz. The Tribunal questioned Mr. Aziz about whether he was familiar with the role and obligation of the Party, and if he intends to bring any expert witnesses to the Hearing. Mr. Aziz stated that he was somewhat familiar and does not intend to have any expert witnesses. The Tribunal explained to Mr. Aziz that the Party in the proceedings is expected to be fully engaged in the process, to be present for the entire Hearing, and to provide expert evidence. Due to Mr. Aziz not having any expert witnesses, his Party status request is denied. Instead, The Tribunal will grant Mr. Aziz Participant status.
5With the consent of the statutory Parties, Party status was granted to:
- Grey Sauble Conservation Authority; and
- Niagara Escarpment Commission.
PARTICIPANT STATUS REQUESTS
6The following individuals requested and were granted Participant status on consent:
- Allen Tamman;
- Christine Cole and Stephen Blue;
- Doris Hodge;
- Heidi Wilbur; and
- Robert Aziz.
MEDIATION
7The Tribunal canvassed the Parties as to whether they have engaged in discussions to resolve any of the issues in the Appeal, and whether they are interested in mediation. The Parties informed the Tribunal that they are encouraged by the ongoing dialog. Should the Parties reach a point where a Tribunal-led mediation could be of assistance, they may request a mediation assessment through the assigned Case Coordinator.
CMC, PROCEDURAL ORDER, and ISSUES LIST
8Mr. Park informed the Tribunal that the Appellant is now seeking to redevelop only the North-West corner of the site. Due to the revised Application, that needs to go before the Council, the Parties requested to provide the Tribunal with the Draft Procedural Order (“DPO”) and Issues List (“IL”) at the second CMC, after the June 24, 2024, Council meeting.
9A second CMC is scheduled to proceed by Video Hearing on Thursday, July 4, 2024, at 10 a.m. by Video Hearing:
10Parties 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/979388733
Access Code: 979-388-733
11Parties 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
12Persons 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.
13Parties are to provide the Tribunal with the DPO and IL on or before the above date.
ORDER
14THE TRIBUNAL ORDERS the above directives.
15This Member is not seized.
16There will be no further notice.
“P. Tomilin”
P. Tomilin
MEMBER
Ontario Land Tribunal
Website: 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.