Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 02 2024
CASE NO(S).: OLT-22-003634
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant: Far Sight Homes, 2506339 Ontario Inc., & Robert Schickedanz
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit the development of a 141-unit residential subdivision
Reference Number: OPA19.002
Property Address: 5426, 5452 & 5584 Lakeshore Road
Municipality/UT: Whitchurch-Stouffville/York
OLT Case No: OLT-22-003634
OLT Lead Case No: OLT-22-003634
OLT Case Name: Schickedanz v. Whitchurch-Stouffville (Town)
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant: Far Sight Homes, 2506339 Ontario Inc., & Robert Schickedanz
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the development of a 141-unit residential subdivision
Reference Number: ZBA19.002
Property Address: 5426, 5452 & 5584 Lakeshore Road
Municipality/UT: Whitchurch-Stouffville/York
OLT Case No: OLT-22-003635
OLT Lead Case No: OLT-22-003634
PROCEEDING COMMENCED UNDER section 51(34) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant: Far Sight Homes, 2506339 Ontario Inc., & Robert Schickedanz
Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description: To permit the development of a 141-unit residential subdivision
Reference Number: 19T(W)-19.001
Property Address: 5426, 5452 & 5584 Lakeshore Road
Municipality/UT: Whitchurch-Stouffville/York
OLT Case No: OLT-22-003636
OLT Lead Case No: OLT-22-003634
Heard: September 13, 2024, by video hearing
APPEARANCES:
Parties
Counsel
Far Sight Homes, 2506339 Ontario Inc. and Robert Schickedanz
Jennifer Meader
(“Applicants”)
Town of Whitchurch-Stouffville
Andrew Biggart
(“Town”)
MEMORANDUM OF ORAL DECISION DELIVERED BY JEAN-PIERRE BLAIS ON SEPTEMBER 13, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Applicants seek to develop a 40-acre site known municipally as 5426, 5452 and 5584 Lakeshore Road in the Town (“Subject Property”) to construct a residential subdivision consisting of 141 units within private streets on a condominium ownership basis. To this end, the Applicants had applied for an amendment to the Town’s Official Plan, for a Zoning By-law amendment and for approval of a proposed Plan of Subdivision. The Appeals are brought pursuant to sections 22(7), 34(11) and 51(34) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, due to the Town’s failure to make a decision.
2The matter had originally been set down for a merit hearing. However, Counsel for the Parties informed the Tribunal that they were very hopeful to reach a settlement but needed more time to resolve outstanding issues. Accordingly, the Parties requested that the Tribunal schedule a further status hearing in approximately three months.
NEXT STEPS
3Having heard from the Parties on the matter of scheduling a further hearing date, and given the ongoing settlement discussions, the Tribunal concluded that it would be reasonable to set a further status hearing. Accordingly, the Tribunal directed that a status hearing be set for 10 a.m. on Friday, December 13, 2024, by video hearing. At that hearing, the Parties are expected to update the Tribunal on the status of the proceeding. As counsel for the Parties anticipate that a settlement would be reached by that time, they may request that the hearing be converted into a settlement hearing by providing settlement material on a timely basis.
4Parties 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
5Parties 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.
6Individuals who experience technical difficulties accessing the Go To Meeting 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 979-388-733.
7Individuals 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
8THE 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.