Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 13, 2024
CASE NO(S).: OLT-24-000387
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Soneil Brampton lnc.
Subject: Request to amend the Official Plan – Refusal of request
Description: To permit eight-storey, 82 units development with ground-floor retail
Reference Number: OZS-2019-0053
Property Address: 75 Clarence Street
Municipality/UT: Brampton/Peel
OLT Case No: OLT-24-000387
OLT Lead Case No: OLT-24-000387
OLT Case Name: Soneil Brampton Inc. v Brampton (City)
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Subject: Application to amend the Zoning By-law – Refusal of application
Description: To permit eight-storey, 82 units development with ground-floor retail
Reference Number: OZS-2019-0053
Property Address: 75 Clarence Street
Municipality/UT: Brampton/Peel
OLT Case No: OLT-24-000388
OLT Lead Case No: OLT-24-000387
Heard: June 11, 2024, by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Soneil Brampton Inc. | Katarzyna Sliwa Max Reedijk (in absentia) |
| City of Brampton | Bruce Engell |
MEMORANDUM OF ORAL DECISION DELIVERED BY ERIC S. CROWE ON JUNE 11, 2024, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This event was the first Case Management Conference (“CMC”) for the above-noted matters. Soneil Brampton Inc. (“Appellant”) filed an appeal against the City of Brampton’s (“City”) decision to deny applications for an Official Plan Amendment pursuant to s. 22 (7) and for a Zoning By-law Amendment (“ZBA”) pursuant to s. 34(11) both of the Planning Act. The Subject Property is known municipally as 75 Clarence Street (“Subject Property”).
2The applications propose to amend the Flowertown Secondary Plan and ZBA 270-2004 to permit the development of an eight-storey apartment building with 82 residential units and 443 square metres of ground floor retail.
3The Staff Report, dated January 15, 2024, recommended the applications be approved. City Council denied the applications on February 28, 2024, based on compatibility, scale and massing, and undue impacts on the existing community, including traffic.
AFFIDAVIT OF SERVICE
4The Tribunal was in receipt of an Affidavit of Service sworn by Andrea Paterson on May 21, 2024. The Tribunal marked the Affidavit of Service as Exhibit 1. There were no issues with the service of notice for the CMC, and as such, no further notice is required.
REQUEST FOR PARTICIPANT OR PARTY STATUS
5In advance of the CMC, the Tribunal received no Participant or Party status requests.
BACKGROUND, PREPARATION OF A DRAFT PROCEDURAL ORDER AND ISSUES LIST, AND SCHEDULING OF A HEARING
6Katarzyna Sliwa, Counsel for the Appellant, provided the background of the application with the Tribunal. She noted that the Parties provided a draft Procedural Order (“PO”) and requested a five-day Merit Hearing in the fall of 2024. Bruce Engell, Counsel for the City, confirmed that a five-day Hearing was appropriate and that a Draft PO and Issues List would continue to be worked on and provided to the Tribunal.
7The Tribunal found that it is reasonable to schedule a five-day Hearing. The Tribunal scheduled a five-day Hearing for Monday, September 23, 2024, at 10 a.m. by Video Hearing and ending on Friday, September 27, 2024.
8The Tribunal canvassed the Parties regarding the time needed to prepare a finalized PO and Issues List. On consent, the Tribunal directed that the complete PO be provided to the Case Coordinator no later than Tuesday, June 25, 2024. Counsel for the Appellant will coordinate and provide the PO to the Tribunal by the appointed date. If this date cannot be achieved, Counsel for the Appellant is requested to advise the Case Coordinator as soon as this is reasonably known.
DISPOSITION
9A five-day Hearing will be held from Monday, September 23, 2024, at 10 a.m. until Friday, September 27, 2024, by Video Hearing.
10Parties 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
11Persons 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.
12Parties 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
13Individuals 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.
MEDIATION
14The Parties were advised of Tribunal-led mediation. The Tribunal encourages the Parties to continue discussions in an effort to narrow or resolve all of the issues in dispute.
ORDER
15THE TRIBUNAL ORDERS a five-day Hearing scheduled to commence on Monday, September 23, 2024, at 10 a.m.
16There will be no further Notice.
17This Member is not seized.
“Eric S. Crowe”
Eric S. Crowe
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.