Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 09, 2024
CASE NO(S).: OLT-24-000490
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: LIV (Menoke 3) LP
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the development of a mixed residential neighbourhood consisting of 534 units, including single detached dwellings and townhouses.
Reference Number: Z-22-02
Property Address: 8743 Highway 11 North & 3651 Menoke Beach Road
Municipality/UT: Severn/Simcoe
OLT Case No.: OLT-24-000490
OLT Lead Case No.: OLT-24-000490
OLT Case Name: LIV (Menoke 3) LP v. Severn (Township)
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: LIV (Menoke 3) LP
Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description: To permit the development of a mixed residential neighbourhood consisting of 534 units, including single detached dwellings and townhouses.
Reference Number: SV-T-2201
Property Address: 8743 Highway 11 North & 3651 Menoke Beach Road
Municipality/UT: Severn/Simcoe
OLT Case No.: OLT-24-000491
OLT Lead Case No.: OLT-24-000490
OLT Case Name: LIV (Menoke 3) LP v. Simcoe (County)
Heard: July 8, 2024 via Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| LIV (Menoke 3) LP | Russell Cheeseman |
| Township of Severn | Kim Mullin |
| County of Simcoe Simcoe Country District School Board |
Kim Mullin Justine Reyes Brad Teichman (in absentia) |
MEMORANDUM OF ORAL DECISION DELIVERED BY A. MASON ON JUNE 8, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This first Case Management Conference (“CMC”) was held in respect of appeals filed pursuant to section 34(11) and 51(34) of the Planning Act, R. S. O. 1990, c. P.13, as amended, concerning the failure of the Township of Severn to make a decision within the required time period on an Application for a Zoning By-Law Amendment (“ZBA”) and of the County of Simcoe to make a decision on a Draft Plan of Subdivision (“Draft Plan”), with respect to the properties municipally known as 8743 Highway 11 North and 3651 Menoke Beach Road, Township of Severn (“Subject Lands”) owned by LIV (Menoke 3) LP (“Appellant”).
2The Draft Plan seeks permission to develop the Subject Property into a mixed residential neighbourhood consisting of 534 single detached and townhouse units, stormwater management facilities, open space, environmental protection areas, a pump station and pedestrian access to Shadow Creek. The ZBA seeks to amend the current zoning to reflect the proposed mix of uses and site specific details in the Draft Plan.
NOTICE
3An Affidavit of Service sworn on June 11, 2024, attesting to the giving of notice for this proceeding, was marked as Exhibit 1.
REQUESTS FOR STATUS
4Prior to the CMC, the Simcoe County District School Board (“School Board”) submitted a Party Status Request with respect to their interest in a proposed school site block on the Draft Plan. The statutory Parties did not object to the request and the Tribunal granted Party status to the School Board Party.
5The Tribunal received email correspondence prior to the CMC from Cindy Seligman, a neighbouring resident seeking to have specific issues considered by the Parties. The Tribunal directed this resident to submit a Participant Status Request Form to the Case Coordinator in order for these issues to be considered in any future Merit Hearing or proceedings on the matter.
MEDIATION
6The Parties advised that they are currently scheduled for one day of Tribunal-led mediation in August of 2024 and hope to resolve or narrow the issues that are in dispute through that process.
NEXT STEPS
7In consideration of the upcoming Tribunal-led mediation and the potential to clarify and reduce issues, the Parties requested a second CMC to bring forward a considered draft Procedural Order and Issues List (“PO/IL”) and to set dates for a future Merit Hearing.
8The Tribunal scheduled a Case Management Conference to proceed by video on Thursday, September 19, 2024 at 10 a.m.
9Parties and participants are asked to log in to the video hearing at least 15 minutes before the start of the event to test their video and audio connections:
GoTo Meeting: https://global.gotomeeting.com/join/656004293
Access code: 656-004-293
10Parties 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
11Persons who experience technical difficulties accessing the GoTo Meeting application or who only wish to listen to the event can connect to the event by calling in to an audio-only telephone line: +1 (647) 497-9373 or Toll-Free: 1-888-299-1889. The access code is 656-004-293.
12Individuals 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.
13The Parties were directed by the Tribunal to provide the draft PO/IL to the Tribunal by Monday, September 16, 2024.
ORDER
14The directions set out above are so ordered by the Tribunal.
15No further notice is required.
16The Panel is not seized of this matter.
“A. Mason”
A. Mason
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.