Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: July 18, 2024

CASE NO(S).: OLT-24-000455

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Applicant/Appellant: UCCI Consolidated Companies Inc. Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: to facilitate rezoning and sever 10 new lots Reference Number: 2020-ZBA-05 Property Address: Part of Lot 28, Concession 5 Municipality/UT: Oro-Medonte/Simcoe OLT Case No: OLT-24-000455 OLT Lead Case No: OLT-24-000455 OLT Case Name: UCCI Consolidated Companies Inc. v Oro-Medonte (Township)

PROCEEDING COMMENCED UNDER section 53(14) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Applicant/Appellant: UCCI Consolidated Companies Inc. Subject: Application for Consent – Failure of Approval Authority to make a decision Description: to sever 10 lots Reference Number: 2020-B-04 Property Address: Part of Lot 28, Concession 5 Municipality/UT: Oro-Medonte/Simcoe OLT Case No: OLT-24-000456 OLT Lead Case No: OLT-24-000455

PROCEEDING COMMENCED UNDER section 53(14) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Applicant/Appellant: UCCI Consolidated Companies Inc. Subject: Application for Consent – Failure of Approval Authority to make a decision Description: to sever 10 lots Reference Number: 2020-B-05 Property Address: Part of Lot 28, Concession 5 Municipality/UT: Oro-Medonte/Simcoe OLT Case No: OLT-24-000457 OLT Lead Case No: OLT-24-000455

PROCEEDING COMMENCED UNDER section 53(14) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Applicant/Appellant: UCCI Consolidated Companies Inc. Subject: Application for Consent – Failure of Approval Authority to make a decision Description: to sever 10 lots Reference Number: 2020-B-06 Property Address: Part of Lot 28, Concession 5 Municipality/UT: Oro-Medonte/Simcoe OLT Case No: OLT-24-000458 OLT Lead Case No: OLT-24-000455

PROCEEDING COMMENCED UNDER section 53(14) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Applicant/Appellant: UCCI Consolidated Companies Inc. Subject: Application for Consent – Failure of Approval Authority to make a decision Description: to sever 10 lots Reference Number: 2020-B-07 Property Address: Part of Lot 28, Concession 5 Municipality/UT: Oro-Medonte/Simcoe OLT Case No: OLT-24-000459 OLT Lead Case No: OLT-24-000455

PROCEEDING COMMENCED UNDER section 53(14) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Applicant/Appellant: UCCI Consolidated Companies Inc. Subject: Application for Consent – Failure of Approval Authority to make a decision Description: to sever 10 lots Reference Number: 2020-B-08 Property Address: Part of Lot 28, Concession 5 Municipality/UT: Oro-Medonte/Simcoe OLT Case No: OLT-24-000460 OLT Lead Case No: OLT-24-000455

PROCEEDING COMMENCED UNDER section 53(14) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Applicant/Appellant: UCCI Consolidated Companies Inc. Subject: Application for Consent – Failure of Approval Authority to make a decision Description: to sever 10 lots Reference Number: 2020-B-09 Property Address: Part of Lot 28, Concession 5 Municipality/UT: Oro-Medonte/Simcoe OLT Case No: OLT-24-000461 OLT Lead Case No: OLT-24-000455

PROCEEDING COMMENCED UNDER section 53(14) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Applicant/Appellant: UCCI Consolidated Companies Inc. Subject: Application for Consent – Failure of Approval Authority to make a decision Description: to sever 10 lots Reference Number: 2020-B-10 Property Address: Part of Lot 28, Concession 5 Municipality/UT: Oro-Medonte/Simcoe OLT Case No: OLT-24-000462 OLT Lead Case No: OLT-24-000455

PROCEEDING COMMENCED UNDER section 53(14) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Applicant/Appellant: UCCI Consolidated Companies Inc. Subject: Application for Consent – Failure of Approval Authority to make a decision Description: to sever 10 lots Reference Number: 2020-B-11 Property Address: Part of Lot 28, Concession 5 Municipality/UT: Oro-Medonte/Simcoe OLT Case No: OLT-24-000463 OLT Lead Case No: OLT-24-000455

PROCEEDING COMMENCED UNDER section 53(14) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Applicant/Appellant: UCCI Consolidated Companies Inc. Subject: Application for Consent – Failure of Approval Authority to make a decision Description: to sever 10 lots Reference Number: 2020-B-12 Property Address: Part of Lot 28, Concession 5 Municipality/UT: Oro-Medonte/Simcoe OLT Case No: OLT-24-000464 OLT Lead Case No: OLT-24-000455

Heard: July 12, 2024, by Video Hearing

APPEARANCES:

Parties Counsel

UCCI Consolidated Companies Inc. ("Applicant") Meaghan McDermid Grace O'Brien

Township of Oro Medonte ("Township") Jennifer Biggar

Stephen and Shannon Schroeter ("Schroeters") Stephen Watt

MEMORANDUM OF ORAL DECISION DELIVERED BY JEAN-PIERRE BLAIS ON July 12, 2024 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1The Applicant seeks to develop 10 residential lots on a site known as Part Lot 28, Concession 5 in the Township (“Subject Property”). Each lot would accommodate a single detached dwelling. To this end, the Applicant applied to amend the Township’s Zoning By-law (“ZBA”) and sought nine consents to sever. The Appeals are brought pursuant to sections 34(11) and 53(14) of the Planning Act, R.S.O. 1990, c. P. 13, as amended (“Act”), due to the Township’s failure to decide on the applications in a timely manner.

2On July 12, 2024, the Tribunal held its first Case Management Conference (“CMC”) to organize the Appeals, address status requests and establish next steps in this proceeding.

NOTICE

3There were no issues raised with service of Notice of the CMC and as such, no further notice is required. The Tribunal was in receipt of the Affidavit of Service of Notice of the CMC sworn on June 21, 2024, which was marked as Exhibit 1 to this CMC.

STATUS REQUEST

4The Tribunal received a written request for Party Status from the Schroeters, owners of lands near the Subject Property who had participated in the application process. They intend to present evidence from one or more experts to assist the Tribunal, while being efficient and avoiding duplication. The Applicant and the Township did not object to adding them as Parties. The Tribunal directed that the Stephen and Shannon Schroeter be added as Parties.

5The Tribunal was also in receipt of two requests for Participant status from the County of Simcoe and Nicola Stubbs. The County of Simcoe is the Upper Tier Municipality with respect to these Appeals. Nicola Stubbs resides near the Subject Property. The Applicant and the Township did not object. The Tribunal directed that County of Simcoe and Nicola Stubbs be granted Participant status.

OPPORTUNITIES FOR SETTLEMENT

6Counsel for the Parties advised that they have not been in settlement discussions.

7The Parties are directed to advise the Tribunal, as soon as possible, of any settlement, and are encouraged to narrow the issues.

NEXT STEPS

8A draft Procedural Order, including a draft Issues List, was provided to the Tribunal prior to the CMC on consent of all the Parties.

9Counsel submitted that the Tribunal should set a nine-day Merit Hearing. Counsel for the Parties undertook to file with the Tribunal, by Tuesday, August 6, 2024, a final draft of the Procedural Order, including a complete Issues List. The delay is to permit a meeting of experts to refine and potentially narrow the Issues List. The Tribunal directed them to so file by that date.

10Having heard from the Parties about their availabilities, the Tribunal also directed that a nine-day Merit Hearing be set for 10 a.m. on Monday, December 2, 2024, by Video Hearing.

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:

GoToMeeting: https://global.gotomeeting.com/join/719383509

Access Code: 719-383-509

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.

13Individuals 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 indicated as 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.

OPEN HOUSE

15The Township sought a direction from the Tribunal requiring the Applicant to hold an open house to explain the proposed development to members of the public. The Schroeters supported the position of the Township. The Applicant opposed the request arguing that the Tribunal process is public, and it is through this process that members of the public should receive relevant information. Counsel for the Applicant noted that the Applicant has been responsive to members of the public who requested documents or information.

16The Tribunal refused to issue the requested direction. At this stage, the public process that results from these Appeals is the most appropriate means for members of the public to obtain relevant information on the proposed development. It is open to the Parties, including the Township, to assist members of the public to access the Tribunal’s online portal, using the link noted below, where all the relevant information is publicly available. There is also doubt as to the Tribunal’s jurisdiction to grant the relief requested.

ORDER

17THE TRIBUNAL ORDERS its directions in this Decision.

“Jean-Pierre Blais”

JEAN-PIERRE BLAIS 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.