Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 06, 2025
CASE NO(S).: OLT-24-000196
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Blue Birch Properties Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the rezoning of subject lands to redefine the existing wetland and hazard zones and to establish two (2) development envelopes.
Reference Number: P3386
Property Address: Part Lot 25, Concession 4
Municipality: The Blue Mountains
OLT Case No.: OLT-24-000196
OLT Lead Case No.: OLT-24-000196
OLT Case Name: Blue Birch Properties Inc v. The Blue Mountains (Town)
Heard: February 4, 2025 by Video Hearing
APPEARANCES:
Parties
Counsel
Blue Birch Properties Inc. (Applicant/Appellant)
Jason Park Adrian Frank (in absentia)
Town of Blue Mountains ("Town”)
Katherine Chan Denise Baker (in absentia) Kelin Algayer (in absentia)
Grey Sauble Conservation Authority
Alex Ciccone
Niagara Escarpment Commission
Demetrius Kappos Margaret McCloskey
DECISION DELIVERED BY L.P. YOU ON February 4, 2025 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the third Case Management Conference (“CMC”) respecting an appeal by Blue Birch Properties Inc. (“Applicant/Appellant”) under subsection 34(11) of the Planning Act, R. S. O. 1990, c. P. 13, as amended, regarding the refusal by the Town of Blue Mountains of an application for a Zoning By-law Amendment ("Application”) for the lands municipally known as Part Lot 25, Concession 4 in the Town. The intent of the Application is to redefine the existing wetland and hazard zones and to further establish two development envelopes.
Service of Notice of CMC
2There is no issue with service of the Notice of this CMC, and so no further notice is required.
Requests for Status
3The Tribunal received no written requests nor did anyone attend seeking either Party or Participant status at this hearing.
MEDIATION AND SETTLEMENT
4The Tribunal was advised by the Parties in writing and at the hearing that a settlement had been reached in principle, and the Zoning By-law was being prepared by the Parties. The Parties requested the Tribunal to schedule a one-day hearing on the merits of the settlement proposal.
HEARING
5Upon the request of the Parties, the Tribunal set a one-day hearing on Monday, March 17, 2025, at 10 a.m. by video hearing. No further Notice is required.
6Parties 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/927921077
Access code: 927-921-077
7Parties 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
8Persons 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: (Toll-Free) 1-888-299-1889 or +1 (647) 497-9391. The access code is as indicated above.
9Individuals 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
10THE TRIBUNAL ORDERS the date and particulars of the hearing set out above.
11The Member is not seized but may be spoken to through the Case Coordinator if any issues arise.
“L.P. You”
L.P. You
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.