Ontario Land Tribunal
Tribunal ontarien de l’aménagement
du territoire
ISSUE DATE:
August 22, 2024
CASE NO(S).:
OLT-24-000348
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant:
Lakeshore Developments (Thunder Bay) Inc.
Subject:
Application to amend the Zoning By-law – Refusal of application
Description:
To permit the development of 24 residential units, 2 other units, and a green space.
Reference Number:
Z2-21
Property Address:
Lot 1-12 and Blocks 13-24 Registered Plan 55M-639
Municipality/UT:
Shuniah/Thunder Bay
OLT Case No.:
OLT-24-000348
OLT Lead Case No.:
OLT-24-000348
OLT Case Name:
Lakeshore Developments (Thunder Bay) Inc. v. Shuniah (Municipality)
PROCEEDING COMMENCED UNDER subsection 51(39) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant:
Lakeshore Developments (Thunder Bay) Inc.
Subject:
Plan of Subdivision - Refusal by Approval Authority
Description:
To permit the development of 24 residential units, 2 other units, and a green space.
Reference Number:
SD1-22
Property Address:
Lot 1-12 and Blocks 13-24 Registered Plan 55M-639
Municipality/UT:
Shuniah/Thunder Bay
OLT Case No.:
OLT-24-000349
OLT Lead Case No.:
OLT-24-000348
Heard:
August 21, 2024 by Video Hearing
APPEARANCES:
Parties
Counsel
Lakeshore Developments (Thunder
Matthew Pascuzzo
Bay) Inc.
Richard Buset
Municipality of Shuniah
Anne-Marie McKitrick
Allan McKitrick (in absentia)
City of Thunder Bay
Cynthia Cline
MEMORANDUM OF ORAL DECISION DELIVERED BY A. SNOWDON AND P. TOMILIN ON AUGUST 21, 2024 AND ORDER OF THE TRIBUNAL
1This Decision arises from the first Case Management Conference (“CMC”) relating to Appeals brought pursuant to ss. 34(11) and 51(39) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from the refusal of the Municipality of Shuniah (“Municipality”) Council to approve Applications to amend a Zoning By-Law (“ZBA”) and a Plan of Subdivision. The Appeals have been filed by Lakeshore Developments (Thunder Bay) Inc. (“Appellant”) regarding the property located at Lot 1-12 and Blocks 13-24 Registered Plan 55M-639 (“Subject Property”).
2The Appellant submitted the Applications to facilitate the development of the Subject Property with a proposed mixed-use development consisting of residential and open space. The ZBA is seeking to reduce some lot widths, rezone some lots from Community Residential – Holding to Shoreline Residential – Holding, and rezone some lots from Community Residential – Holding to Open Space.
NOTICE
3The Affidavit of Service, sworn by Roberta Higdon on July 18, 2024, has been marked as Exhibit 1 on consent of the Parties. A second Affidavit of Service, sworn by Matthew Pascuzzo on July 24, 2024, was issued to the Municipality’s Counsel.
STATUS REQUESTS
4In advance of this CMC, the Tribunal was in receipt of one written request for Party status from the City of Thunder Bay (“City”). Given that the proposed development may impact the City’s water supply, the Tribunal has granted Party status to the City.
5There were no other Party or Participant status requests at the CMC.
OPPORTUNITIES FOR SETTLEMENT / MEDIATION
6The Appellant is interested in Tribunal-led mediation; however, the Municipality has no instructions to proceed with mediation at this time. The City was granted Party status at this CMC and is not ready to proceed with mediation. The Parties were advised to contact the Case Coordinator when, and if, they are ready to begin Tribunal-led mediation.
DRAFT PROCEDURAL ORDER AND ISSUES LIST
7Prior to the commencement of the CMC, the Appellant submitted a draft Procedural Order (“PO”). The Municipality and the City have requested time to review, add, and finalize the PO and Issues List (“IL”). The Parties are to submit the finalized PO and IL before or by Tuesday, October 1, 2024.
SCHEDULING
8The Appellant advised the Tribunal that they would be seeking a 15-day Merit Hearing in 2025. However, the Parties feel that a second CMC would be beneficial prior to setting dates for a Merit Hearing.
9A second CMC for OLT-24-000348 is scheduled for Thursday, October 31, 2024, at 10 a.m. by Video Hearing.
10Parties are asked to log into the CMC at least 15 minutes before the start of the event to test their video and audio connections:
GoTo Meeting: https://global.gotomeeting.com/join/519389173
Access Code: 519-389-173
11Parties 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.
12Persons 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: +1 (647) 497-9373 or (Toll-Free) 1-888-299-1889. The access code is the same as the access code noted above.
13Individuals 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 Video Hearing 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
14The Tribunal directives set out above are so ordered.
15No further notice is required.
16The Panel is not seized.
“A. Snowdon”
a. snowdOn
member
“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.