Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 11, 2024
CASE NO(S).: OLT-24-000360
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Southside Construction Management Ltd.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit a Zoning By-law Amendment for a proposed development consisting of 26 single detached dwellings.
Reference Number: Zoning By-law Amendment Application 3 of 2023
Property Address: 0 Hillsboro Road / Front Con Part Lot 51 RP:25R8162 Part 1
Municipality/UT: Plympton-Wyoming/Lambton
OLT Case No.: OLT-24-000360
OLT Lead Case No.: OLT-24-000360
OLT Case Name: Southside Construction Management Ltd. v. Plympton-Wyoming (Town)
Heard: July 8, 2024 by Video Hearing
APPEARANCES:
| Parties | Counsel/Agent* |
|---|---|
| Southside Construction Management Ltd. (Appellant) | Analee Baroudi |
| Town of Plympton-Wyoming | Kelly Nenniger |
| Debra Harrison Rumberger | Self-represented* |
MEMORANDUM OF ORAL DECISION DELIVERED BY J. Innis ON July 8, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) respecting an appeal by Southside Construction Management Ltd. and arises following the refusal by the Town of Plympton-Wyoming to approve an application for a Zoning-By-law Amendment to rezone the lands known municipally as 0 Hillsboro Road from the existing R5 to a site-specific R7 zone. This application would facilitate a proposed development for a plan of condominium consisting of 26 single detached dwellings.
Service of Notice of CMC
2There is no issue with service of the Notice of this CMC, and so no further notice is required. The Tribunal is in receipt of the Affidavit of Service, which is marked as Exhibit 1.
Requests for Status
3Debra Harrison Rumberger attended the CMC seeking Party status. Ms. Harrison Rumberger is a resident who had participated in the planning process and has a clear genuine interest in the matter. The role and obligations of a party was conveyed to Ms. Harrison Rumberger and she confirmed that she is prepared to fulfill such a role and satisfy such obligations. On consent of the Parties, the Tribunal granted Party status to Ms. Harrison Rumberger.
4Each of the following area residents provided the Tribunal with a Participate Statement and were granted Participant status on consent:
- Sandra Vanos
- Michelle Elliott
- Warren Hudson
- The Hillsboro Beach Association (“HBA”), Brian Wilmers
- Bill Robson
5It was determined that Mr. Wilmers would be representing the HBA in their capacity as a Participant. Mr. Wilmers was directed to provide the Tribunal with the HBA’s letter of incorporation prior to the second CMC.
6No one else attended the CMC seeking either Party or Participant status.
MEDIATION AND SETTLEMENT
7The Tribunal explored the possibility of mediation and settlement with the parties. The parties both expressed openness to resolution discussions and further confirmed that they will keep the Tribunal apprised of any developments with their resolution efforts, which the Tribunal finds satisfactory.
PROCEDURAL ORDER AND ISSUES LIST
8With the addition of a new Party and the consent of the Parties, it was determined by the Tribunal that it would be most appropriate to conduct a second CMC so that the Parties have an opportunity to develop an Issues List and the Tribunal may then best determine the length of time required to conduct a merit hearing.
9The Parties were directed to provide the Tribunal with a draft Procedural Order and Issues List by Thursday, August 15, 2024.
SECOND CMC
10Upon request of the parties, the Tribunal set a second CMC hearing commencing on Wednesday, September 4, 2024, at 10 a.m. by video hearing. No further Notice is required.
11Parties 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:
https://global.gotomeeting.com/join/979388733
Access code: 979-388-733
12Parties 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
13Persons 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.
14Individuals 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.
ORDER
15The Tribunal Orders that:
- The date and particulars of the hearing are set out above;
- The draft Procedural Order and Issues List are to be submitted to the Tribunal by Thursday, August 15, 2024;
- Debra Harrison Rumberger is granted Party status;
- Sandra Vanos, Michelle Elliott, Warren Hudson, Bill Robson and the Hillsboro Beach Association are granted Participant status; and
16The Member is not seized but may be spoken to through the Case Coordinator if any issues arise.
“J. Innis”
J. INNIS 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.