Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
February 07, 2024
CASE NO(S).:
OLT-23-000839
OLT-23-000765
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
Parkbridge Lifestyle Communities Inc. and 1000352619 Ontario Inc.
Appellant:
Rudanco Hospitality Corporation
Subject:
By-law No. 93-2023
Description:
ZBA to incorporate the modifications to the draft plan, including back-to-back townhouses as a permitted use
Reference Number:
D14-13-2022
Property Address:
Rolling Meadows Subdivision, Phases 17-21, plus Block 1239
Municipality/UT:
Thorold/Niagara
OLT Case No.:
OLT-23-000839
OLT Lead Case No.:
OLT-23-000839
OLT Case Name:
Parkridge Lifestyle Communities Inc. et al v. Thorold (City)
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
Parkbridge Lifestyle Communities Inc. and 1000352619 Ontario Inc.
Appellant:
Rudanco Hospitality Corporation
Subject:
By-law No. 94-2023
Description:
ZBA to incorporate the modifications to the draft plan, including back-to-back townhouses as a permitted use
Reference Number:
D14-13-2022
Property Address:
Rolling Meadows Subdivision, Phases 17-21, plus Block 1239
Municipality/UT:
Thorold/Niagara
OLT Case No.:
OLT-23-000841
OLT Lead Case No.:
OLT-23-000839
PROCEEDING COMMENCED UNDER subsection 51(39) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
Hydro One Networks Inc.
Subject:
Proposed Plan of Subdivision – Appeal a decision of an Approval Authority that approved a plan of subdivision
Description:
To permit the development of Phases 17 to 21 and Block 1239 of the Rolling Meadows Subdivision
Reference Number:
D12-04-2022
Property Address:
Phases 17 to 21 and Block 1239
Municipality/UT:
Thorold/Niagara
OLT Case No.:
OLT-23-000765
OLT Lead Case No.:
OLT-23-000765
OLT Case Name:
Hydro One Networks Inc. v. Thorold (City)
PROCEEDING COMMENCED UNDER subsection 51(48) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
Hydro One Networks Inc.
Subject:
Proposed Plan of Subdivision – Appeal any of the changed conditions imposed by the approval authority
Description:
To permit the development of Phases 17 to 21 and
Block 1239 of the Rolling Meadows Subdivision
Reference Number:
D12-04-2022
Property Address:
Phases 17 to 21 and Block 1239
Municipality/UT:
Thorold/Niagara
OLT Case No.:
OLT-23-001131
OLT Lead Case No.:
OLT-23-000765
Heard:
January 9, 2024 by Video Hearing
APPEARANCES:
Parties
Counsel
Rolling Meadows Land Corp.
C. Shedden
(“Applicant”)
Parkbridge Lifestyle Communities
C. Lantz, J. Cheng (in absentia),
Inc. and 1000352619 Ontario Inc.
Matthew Tai (articling student)
Rudanco Hospitality Corporation
C. Lantz, J. Cheng (in absentia),
Matthew Tai (articling student)
Hydro One Networks Inc.
C. Barnett
City of Thorold
P. Harrington
(“City”)
MEMORANDUM OF ORAL DECISION DELIVERED BY D. CHIPMAN ON JANUARY 9, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1On July 11, 2023, Council of the City passed By-law Nos. 93-2023 and 94-2023, amending the City’s new Zoning By-law No. 60-2019 and former Zoning By-law No. 2140(97), respectively, as it relates to what is known as Phases 17-21 and Block 1239 of the Rolling Meadows Subdivision (the “Subject Lands”).
2By way of background, the Applicant sought amendments to both the new and former Zoning By-laws because certain aspects of the City’s new Zoning By-law No. 60-2019 remain under appeal before the Tribunal and are not yet in force, and thus the former Zoning By-law No. 2140(97) continues to apply.
3At that same meeting, City Council adopted various resolutions, including a resolution approving certain modifications to the Draft Plan of Subdivision for the Subject Lands.
4Following Council’s decisions on the applications, the following appeals were filed, which were approved to be considered together by the Tribunal, at this first Case Management Conference (“CMC”):
Zoning By-law Amendments (Lead Case No. OLT-23-000839 and OLT-23-000841)
By-law No. 93-2023, amending Zoning By-law No. 60-2019 (OLT-23-000839)
Appeals by Parkbridge Lifestyle Communities Inc. and 1000352619 Ontario Inc. (“Parkbridge”) and Appeal by Rudanco Hospitality Corporation (“Rudanco”)
By-law No. 94-2023, amending Zoning By-law No. 2140(97) (OLT-23-000841)
Appeals by Parkbridge and Rudanco
Modifications to Draft Plan of Subdivision – Approval of Draft Plan and changes to Conditions (Lead Case No. OLT-23-000765 and Case No. OLT-23-001131)
- Appeal by Hydro One Networks Inc. (“Hydro One”)
5An Affidavit of Service executed by Natalie Hickey on December 15, 2023, attesting that proper Notice had been given, was marked as Exhibit 1.
PARTY STATUS REQUESTS
6Several Party status requests were made in advance of this CMC, and upon hearing the submissions of Counsel, the Tribunal conferred Party Status as outlined in the Order below.
7Consideration of Rudanco’s request for Party status in Hydro One’s Appeal of the Modifications to the Draft Plan of Subdivision is adjourned until the next CMC, in view of settlement discussions that are ongoing as outlined in the submissions of Counsel. It is understood that a settlement of Rudanco’s Appeals may render Rudanco’s request for Party status moot.
MEDIATION
8All Parties indicated it was premature to consider Mediation at this time.
NEXT STEPS
9At the request of the Parties, the Tribunal has scheduled a further CMC for Thursday, May 30, 2024, at 10 a.m. to be held via Video Hearing.
10Parties 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:
https://global.gotomeeting.com/join/660145013
Access Code: 660-145-013
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 in to an audio-only telephone line: (Toll-Free) 1-888-299-1889 or +1 (647) 497- 9373. The Access Code is indicated 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.
14The Tribunal inquired as to whether there were any other matters to be addressed which might assist in the fair, just and expeditious resolution of this matter. The Parties indicated that there were none.
ORDER
15THE TRIBUNAL ORDERS that:
A second Case Management Conference will commence on Thursday, May 30, 2024, at 10 a.m. to be held via Video Hearing.
Case Nos. OLT-23-000839, OLT-23-000841, OLT-23-000765 and OLT-23-001131 will be heard together.
Party Status requests are granted as follows:
a. Hydro One Networks Inc. (“Hydro One”) is granted Party Status in each of the Appeals of By-law No. 93-2023 and By-law No. 94-2023 filed by Parkbridge Lifestyle Communities Inc. and 1000352619 Ontario Inc. (“Parkbridge”) and Rudanco Hospitality Corporation (“Rudanco”) (OLT-23-000839 and OLT-23-000841);
b. Parkbridge is granted Party Status in Hydro One’s Appeal of the Modifications to the Draft Plan of Subdivision (OLT-23-000765 and OLT-23-001131);
c. The Applicant, Rolling Meadows Land Corp., is granted Party status in all of the Appeals, including each of the Appeals of By-law Nos. 93-2023 and 94-2023 filed by Parkbridge and Rudanco, as well as Hydro One’s Appeal of the Modifications to the Draft Plan of Subdivision; and,
- Parkbridge’s Appeals of By-law Nos. 93-2023 and 94-2023 are hereby consolidated with Hydro One’s Appeal of the Modifications to the Draft Plan of Subdivision.
16This Member is not seized but will continue to manage this file.
17This Member remains available through the Case Coordinator should the need arise.
18No further notice is required.
“D. Chipman”
D. CHIPMAN
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.