Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 26, 2024
CASE NO(S).: OLT-23-001148
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Brotto Investments Inc.
Subject: Proposed Official Plan Amendment No.
Description: To permit the construction of a new commemorative parkette and a six-storey apartment building
Reference Number: OPA-2023-1
Property Address: 183 Main Street East
Municipality/UT: Kingsville/Essex
OLT Case No.: OLT-23-001148
OLT Lead Case No.: OLT-23-001148
OLT Case Name: Brotto Investments Inc. v. Kingsville (Town)
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Brotto Investments Inc.
Subject: By-law No.
Description: To permit the construction of a new commemorative parkette and a six-storey apartment building
Reference Number: ZBA-2023-1
Property Address: 183 Main Street East
Municipality/UT: Kingsville/Essex
OLT Case No.: OLT-23-001149
OLT Lead Case No.: OLT-23-001148
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Brotto Investments Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the construction of a new commemorative parkette and a six-storey apartment building
Reference Number: ZBA-2023-14
Property Address: 183 Main Street East
Municipality/UT: Kingsville/Essex
OLT Case No.: OLT-23-001198
OLT Lead Case No.: OLT-23-001148
PROCEEDING COMMENCED UNDER subsection 33(9) of the Ontario Heritage Act, R.S.O. 1990, c. O.18. as amended
Applicant and Appellant: Brotto Investments Inc.
Subject: Refusal of Heritage Alteration Application
Description: To relocate, preserve and restore the Esther Jasperson Campbell House
Reference Number: ZBA-2023-14
Property Address: 183 Main Street East
Municipality/UT: Kingsville/Essex
OLT Case No.: OLT-24-000142
OLT Lead Case No.: OLT-23-001148
Heard: April 16, 2024, by Video Hearing
APPEARANCES:
Parties
Counsel
Brotto Investments Inc.
Analee Baroudi
The Corporation of the Town of Kingsville
Kelly Nenniger
King Devco Inc.
Paula Lombardi
MEMORANDUM OF the ORAL DECISION DELIVERED BY STeven cooke and the ORDER OF THE TRIBUNAL
1The matter before the Tribunal was a Case Management Conference for the site-specific and town-wide Official Plan Amendments (“OPA”), Zoning By-law Amendments (“ZBA”), and a site-specific Heritage Alterations Application in the Town of Kingsville (the “Town”) by Brotto Investments Inc. (“Brotto”).
PARTY STATUS REQUEST
2King Devco Inc. (“Devco”) requests to the Tribunal that they be granted Party Status for the Appeals by Brotto that are town-wide in nature. Devco made submissions that, while located in a different section of the Town, have a similar interest in this matter. After hearing submissions from the statutory Parties, the Tribunal granted Party Status to Devco for the town-wide OPA and ZBA appeals.
PARTICIPANT STATUS REQUEST
3The Tribunal was in receipt of two Participant Status requests from Joanne Rivard, and Tamara Stomp. After seeking input and hearing no concerns or objections from the Parties the Tribunal granted Participant Status to Ms. Rivard and Ms. Stomp.
HEARING OF THE MERITS
4The Parties requested that the Tribunal set aside 10 days for the Hearing of the Merits. The Merit Hearing will proceed with the town-wide OPS and ZBA Appeals heard first, followed by the Brotto site-specific Appeals.
5A Hearing of the Merits is scheduled to proceed on Monday, December 2, 2024.
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://meet.goto.com/357283957
Access Code: 357-283-957
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) 1-888-455-1389 or +1 (647) 497-9391. 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.
ORDER
10THE TRIBUNAL ORDERS that:
a) A Hearing of the Merits is scheduled to proceed on Monday, December 2, 2024; and
b) The attached Procedural Order and Issues List will govern the proceedings.
11No further notice is required.
12The Panel Member is not seized.
“Steven Cooke”
STEVEN COOKE
VICE-CHAIR
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.