Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 11, 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: July 4, 2024, by Video Hearing
APPEARANCES:
Parties
Counsel
Blue Birch Properties Inc.
J. Park A. Frank (in absentia)
Town of the Blue Mountains
D. Baker K. Algayer (in absentia)
Grey Sauble Conservation Authority
A. Ciccone
Niagara Escarpment Commission
D. Kappos
MEMORANDUM OF ORAL DECISION DELIVERED BY P. TOMILIN ON JULY 4, 2024 AND ORDER OF THE TRIBUNAL
1This was the second 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.
CMC, PROCEDURAL ORDER, and ISSUES LIST
3At the CMC the Tribunal questioned Parties on the Draft Procedural Order and Issues List. Mr. Park provided that due to the revised Development Proposal that will involve only the North-West parcel of the site, and the additional supporting materials, Parties will require some additional time to resolve their issues. A technical meeting of the consultants is scheduled to take place next week.
4After discussing matter among other Parties, Mr. Park requested a further CMC to take place in early September to allow the Parties to finalize outstanding issues and hopefully to have a settlement.
5A third CMC is scheduled to proceed on Friday, September 6, 2024, at 10 a.m. by Video Hearing.
6Parties 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:
GoToMeeting: https://global.gotomeeting.com/join/687587165
Access Code: 687-587-165
7Parties 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
8Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling in to an audio-only telephone line: (Toll Free) 1-888-299-1889 or +1 (647) 497-9373.The access code is indicated as above.
9Individuals 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.
10Parties are to contact the assigned Case Coordinator if the reach an agreement to convert a third CMC into a Settlement Hearing.
ORDER
11THE TRIBUNAL ORDERS the above directives.
12This Member is not seized.
13There 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.