Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 27, 2024
CASE NO(S).: OLT-24-000495
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Halls-Lake Ridge Limited Partnership
Subject: Application to amend the Zoning By-law –
Description: To permit the rezoning of the subject property from Third Density Residential (R3) Zone and Agricultural (A) Zone to Prestige Employment (PE) Zone
Reference Number: DEV-24-23 (Z-08-23), By-law #8063-24
Property Address: 1650 Halls Road North
Municipality/UT: Whitby/Durham
OLT Case No.: OLT-24-000495
OLT Case Name: Halls-Lake Ridge Limited Partnership v. Whitby (City)
Heard: August 15, 2024 by Video Hearing
APPEARANCES:
Parties
Counsel
Halls-Lake Ridge Limited Partnership
Alexander Suriano
Naomi Mares (in absentia)
Town of Whitby
Francesco Santaguida
Region of Durham NRD Dundas Limited
Adam Patel Meaghan McDermid
MEMORANDUM OF ORAL DECISION DELIVERED BY ASTRID J. CLOS ON AUGUST 15, 2024 AND ORDER OF THE TRIBUNAL
1This was the first Case Management Conference (“CMC”) convened for an appeal brought by Halls-Lake Ridge Limited Partnership (“Appellant”) pursuant to s. 34(19) of the Planning Act of the Zoning By-law Amendment (“ZBA”) for the property municipally addressed as 1650 Halls Road North (“Subject Property”) in the Town of Whitby (“Town”).
2The Subject Property is located at the northwest corner of the intersection of Halls Road North and Dundas Street West and has an area of approximately 12.54 hectares. The Subject property is vacant of any buildings and has been used for agricultural purposes.
3The purpose of the ZBA is to permit the development of a warehouse distribution centre (“Proposed Development”) on the Subject Property. The Proposed Development is intended to have vehicular access from the existing frontage along Halls Road North.
4The ZBA application was submitted on September 19, 2023. At the February 26, 2024 Committee of the Whole meeting the Town Planning Report recommended that Council approve the ZBA. The Committee of the Whole deferred consideration of the ZBA to the March 18, 2024 Council meeting. Planning Staff submitted a supplementary memorandum to Council dated March 6, 2024 proposing a Holding (H) provision to be lifted once the following condition was fulfilled to the satisfaction of the Town:
That alternative vehicular transport truck ingress and egress routes using either private driveway right-of-way and/or public streets have been established or suitable arrangements have been made to create such ingress and egress routes in order to provide transport trucks servicing 1650 Halls Road North an alternative access route other than Halls Road North.
5Council approved By-law 8063-24 with the Holding (H) provision. The Appellant subsequently appealed the ZBA as they have concerns with the Holding (H) provision.
6The Affidavit of Service sworn on July 25, 2024 was entered as Exhibit 1.
STATUS REQUESTS
7In response to the notice, requests for Party status were filed with the Tribunal by the Region of Durham (“Region”) and NRD Dundas Limited (“NRD”).
8Alexander Suriano, Counsel for the Appellant, advised that his client does not object to these requests. Francesco Santaguida, Counsel for the Town, confirmed that there are no objections to these requests being granted.
9The Tribunal reviewed the requests and determined that reasonable grounds were being raised, and, with no opposition from the other Parties, granted the requested Party status to the Region and NRD.
10In response to the notice, no requests for Participant status had been filed with the Tribunal prior to the CMC. The Tribunal encouraged anyone with questions with respect to requesting Participant status to contact the Case Coordinator. The Tribunal expects that Participant status requests be filed prior to the CMC. In this case, due to the number of attendees at the CMC, as noted by Counsel for the Town, the Tribunal encouraged anyone interested in requesting Participant status to submit their request to the Case Coordinator prior to Friday, August 23, 2024.
11Requests for Participant status were received by the Tribunal from,
Kimberly and David Airdrie
Bonita and Frank O’Carroll
Greg Jones
Chris Hopley
12After the CMC, the Parties confirmed that there were no objections to these requests for Participant status being granted. The Tribunal determined that these requests for Participant status have demonstrated an interest in this matter, and with no opposition from the Parties, granted the requested status.
MERIT HEARING
13The Parties jointly requested that a six-day Merit Hearing be scheduled. The Tribunal canvassed the availability of Counsel and accordingly scheduled a Merit Hearing of six (6) days to commence at 10 a.m. on Friday, November 01, 2024, and continue to Friday, November 08, 2024 by Video Hearing. If issues are scoped or a settlement is achieved resulting in fewer hearing days being required, please advise the Case Coordinator as soon as this is known. Hearing dates are a scarce public resource that must be carefully assigned.
14The six-day Hearing is scheduled to proceed by video at 10:00 a.m. each weekday from Friday, November 01, 2024 to Friday, November 08, 2024 at 5 p.m.
15Parties and/or Participants and/or Observers are asked to log in to the event at least 15 minutes before it begins, to test their video and audio connections:
GoTo Meeting: https://meet.goto.com/765093501
Access code: 765-093-501
16Parties and/or 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 GoTo Meeting or a web application is available: https://app.gotomeeting.com/home.html
17Persons who experience technical difficulties accessing the GoTo Meeting application or who only wish to listen to the event can connect to it by calling in to an audio-only telephone line: +1 (647) 497-9391 or Toll-Free 1-888-455-1389. The access code is: 765-093-501.
18Individuals 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 event to ensure that they are properly connected at the correct time. Questions prior to the event may be directed to the Tribunal’s Case Coordinator.
DRAFT PROCEDURAL ORDER
19The Tribunal reviewed the draft Procedural Order (“PO”) submitted by the Parties. The PO attached as Schedule 1 to the Order is approved by the Tribunal.
20The Panel reminded the Parties that Tribunal-led mediation is available at the convenience of the Parties by contacting the Case Coordinator.
ORDER
21The Tribunal orders THAT:
a. Party status is granted to the Regional Municipality of Durham and NRD Dundas Limited;
b. Participant status is granted to Kimberly and David Airdrie, Bonita and Frank O’Carroll, Greg Jones, Chris Hopley;
c. The Procedural Order appended as Schedule 1 is approved; and
d. A six-day Merit Hearing commencing at 10 a.m. on Friday, November 01, 2024 and continuing to Friday, November 08, 2024 by video is scheduled.
22This Member is not seized.
23No further notice will be provided.
“Astrid J. Clos”
ASTRID J. CLOS
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.