Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 02, 2024
CASE NO(S).: OLT-24-000509
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 2251942 Ontario Inc. o/a Park View Homes
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit the construction of 79 townhouse units and 16 apartment units
Reference Number: CHA-OPA4
Property Address: PIN 54148-0437 LT and PIN 54158-0436 as per description on Transfer registered as PT74174
Municipality/UT: Champlain/Prescott-Russell
OLT Case No.: OLT-24-000509
OLT Lead Case No.: OLT-24-000509
OLT Case Name: Park View Homes v. Champlain (Township)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 2251942 Ontario Inc. o/a Park View Homes
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the construction of 79 townhouse units and 16 apartment units
Reference Number: Z-02-2024
Property Address: PIN 54148-0437 LT and PIN 54158-0436 as per description on Transfer registered as PT74174
Municipality/UT: Champlain/Prescott-Russell
OLT Case No.: OLT-24-000510
OLT Lead Case No.: OLT-24-000509
Heard: September 27, 2024 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| 2251942 Ontario Inc. (“Applicant”) | Elizabeth Bratton |
| Canadian National Railway Company | Diana Doracin Isaiah Banach |
MEMORANDUM OF ORAL DECISION DELIVERED BY J. Innis ON September 27, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) respecting an appeal by 2251942 Ontario Inc. (“Park View Homes”). The appeal arises following the refusal by the Township of Champlain (“Township”) regarding and Official Plan Amendment (“OPA”) and Zoning-By-Law Amendment (“ZBA”) to facilitate the development of 79 two-storey townhouse units and an additional 16 units in a multi-unit residential block on lands described as PIN 54148-0437 LT and PIN 54758-0436, Champlain (“Subject Property”).
Service of Notice of CMC
2There is no issue with service of the Notice of this CMC, and so no further notice is required. The Tribunal is in receipt of the Affidavit of Service, which is marked as Exhibit 1.
Requests for Status
3Neither the Township nor the United Counties of Prescott and Russell (“County”) attended the CMC. Prior to the CMC the Tribunal was advised that the Township would not be participating in the CMC, or any future CMC and/or hearing. Further, the Tribunal was advised by the County that they would not be a party to the proceedings, take no position on the appeal, and do not intent to appear at any future CMC, and/or hearing.
4Counsel for the Canadian National Railway Company (“CN Rail”) attended the CMC seeking Party status. The proposed development abuts the mutual property line with the CN Vankleek Subdivision and there is an at-grade rail crossing adjacent to the Subject Property. Counsel for CN Rail confirms that they understand the role and obligations of a party and are prepared to fulfil such a role and satisfy such obligations. Upon consent from the party present, the Tribunal granted Party status to CN Rail.
5No one else attended the CMC seeking either Party or Participant status.
MEDIATION AND SETTLEMENT
6The Tribunal explored the possibility of mediation and settlement with the parties. The parties both expressed openness to resolution discussions and/or Tribunal led mediation. They further confirmed that they will keep the Tribunal apprised of any developments with their resolution efforts, which the Tribunal finds satisfactory.
PROCEDURAL ORDER AND ISSUES LIST
7With the addition of CN Rail as a Party, the Tribunal found it appropriate to schedule a second CMC to permit the Parties an opportunity to prepare a draft Procedural Order (“PO”). The Parties were directed to provide the Tribunal with a draft PO by Friday, January 10, 2025.
SECOND CASE MANAGEMENT CONFERENCE
8Upon request of the parties, the Tribunal set a second CMC hearing commencing on Monday, January 20, 2025 at 10 a.m. by Video Hearing.
9Parties 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.
https://global.gotomeeting.com/join/687587165
Access code: 687-587-165
10Parties 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
11Persons who experience technical difficulties accessing the GoTo 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 as indicated above.
12Individuals 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
13THE TRIBUNAL ORDERS THAT:
The date and particulars of the second Case Management Conference are set out above;
Canadian National Railway Company is granted Party status.
14The Member may be spoken to through the Case Coordinator if any issues arise.
“J. Innis”
j. inniS
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.