Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 25, 2024
CASE NO(S).: OLT-23-001009
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Magnum General Contracting Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit the development of 78 townhouse units
Reference Number: SOP/01/2020
Property Address: Part of Lot 18, Concession 5, known as Part 2, Plan 40R-20203 (north parcel) and Block 123, Plan 40M-2029 (south parcel), Ward 2
Municipality/UT: Scugog/Durham
OLT Case No.: OLT-23-001009
OLT Lead Case No.: OLT-23-001009
OLT Case Name: Magnum General Contracting Inc. v. Scugog (Township)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Magnum General Contracting Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the development of 78 townhouse units
Reference Number: Z/08/2020
Property Address: Part of Lot 18, Concession 5, known as Part 2, Plan 40R-20203 (north parcel) and Block 123, Plan 40M-2029 (south parcel), Ward 2
Municipality/UT: Scugog/Durham
OLT Case No.: OLT-23-001010
OLT Lead Case No.: OLT-23-001009
Heard: January 15, 2024 by Video Hearing (“VH”)
APPEARANCES:
Parties
Counsel
Magnum General Contracting Inc.
Katarzyna Sliwa
Michael James
Township of Scugog
Alexandra Whyte
Mark Joblin (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY ASTRID J. CLOS ON January 15, 2024 AND ORDER OF THE TRIBUNAL
1This was the first Case Management Conference (“CMC”) convened for appeals brought by Magnum General Contracting Inc. (“Appellant”) pursuant to s. 22(7) of the Planning Act (“Act”) of an Official Plan Amendment (“OPA”) and s. 34(11) of the Act of a Zoning By-law Amendment (“ZBA”) related to the parcels legally described as Part of Lot 18, Concession 5, Part 2 of 40R-20203 and Block 123 of 40M-2029 (“Subject Property”) located in the Township of Scugog (“Township”).
2The Subject Property consists of two parcels located at the intersection of Simcoe Street and King Street in the community of Port Perry. Together the parcels have an area of approximately 1.62 hectares.
3The Appellant submitted OPA and ZBA applications which were deemed complete by the Township on July 2, 2020.
4The purpose of the OPA is to redesignate the south parcel from Neighbourhood Commercial to Residential and to permit back-to-back townhouse dwellings with a maximum of 18 units within a block. The purpose of the ZBA is to rezone the south parcel from the Neighbourhood Commercial (NC) Zone to the Urban Residential Multiple Type 3 (RM3) Zone. Together the OPA and ZBA would facilitate the development of approximately 79 townhouse units (“Proposed Development”).
5The Township did not make a decision regarding the OPA and ZBA applications within the statutory timeframes and the applications were subsequently appealed.
6The Appellant submitted a Draft Plan of Subdivision (“DPS”) application to the Region of Durham (“Region”) on June 9, 2020, which was subsequently appealed to the Tribunal (OLT Case No. OLT-23-001027). The Appellant submitted a Site Plan (“SP”) application to the Township on August 19, 2021, which was also subsequently appealed to the Tribunal (OLT Case No. OLT-23-001026). The DPS and SP are being adjudicated in a separate hearing process by the Tribunal.
7Adam Patel (student-at-law) advised that the Region has an interest in the DPS appeal related to the Subject Property and will be observing the OPA and ZBA hearing. The Tribunal noted that the Case Coordinator will include the Region in the notification for future events.
8The Affidavit of Service sworn on December 19, 2023, was entered as Exhibit 1.
STATUS REQUESTS
9In response to the notice, a Participant status request was received by the Tribunal from Kawartha Conservation. There was no opposition from the Parties to this request. The Tribunal granted the request for Participant status to Kawartha Conservation based on the interest demonstrated in this matter.
DRAFT PROCEDURAL ORDER
10The Tribunal directed the Parties to file an updated Draft Procedural Order (“DPO”) with the Case Coordinator no later than Monday, February 5, 2024.
MERIT HEARING
11Katarzyna Sliwa, Counsel for the Appellant, confirmed that the Parties are jointly requesting that the Tribunal schedule a five (5) day Merit Hearing. The Tribunal canvassed the availability of the Parties and accordingly scheduled a five (5) day Merit Hearing from 10 a.m. on Monday, August 26, 2024 to Friday, August 30, 2024 by VH.
12The Parties were requested to advise the Case Coordinator if any hearing dates are not needed and may be released from the calendar as soon as this is known. Hearing dates are a scarce resource which must be diligently assigned.
13Parties and Participants are asked to log into the VH at least 15 minutes before the start of the event to test their video and audio connections:
GoTo Meeting: https://global.gotomeeting.com/join/692665589
Access code: 692-665-589
14Parties 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
15Persons 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: +1 (647) 497-9373 or (Toll-Free) 1-888-299-1889. The access code is the same as the access code noted above.
16Individuals 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.
17The Parties were reminded that Tribunal-led mediation is available at their convenience by contacting the Case Coordinator.
ORDER
18The Tribunal orders that:
a. Participant status was granted to Kawartha Conservation.
b. The Draft Procedural Order be filed with the Tribunal by the Parties no later than Monday, February 5, 2024.
c. A five (5) Merit Hearing is scheduled at 10 a.m. on Monday, August 26, 2024 to Friday, August 30, 2024 by Video Hearing.
19This Member is not seized.
20No further notice will be provided.
“Astrid J. Clos”
ASTRID J. CLOS
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.