Tom Halinski

The appellant appealed the Township of King's new Comprehensive Zoning By-law No. 2022-053 on a site-specific basis regarding a property at 675 Kettleby Road.

Prior to the hearing, the parties reached a settlement agreement proposing a site-specific exception zone to permit additional agricultural and agricultural-related uses.

Based on uncontroverted expert planning evidence, the Tribunal found the proposed modifications consistent with provincial and local policies and representative of good land use planning.

The appeal was allowed in part to implement the settlement.

The Ontario Land Tribunal issued an order regarding appeals of the City of Guelph's new Comprehensive Zoning By-law and related Official Plan Amendment No. 88.

Following a motion hearing, the Tribunal ordered that the Zoning By-law is deemed to come into full force and effect as of April 18, 2023, save and except for specific regulations, maps, and appendices remaining under appeal on a City-wide basis, and the entirety of the by-law as it applies to specific properties remaining under site-specific appeals.

The order also scoped the appeals of Industrial Equities Guelph Corporation and Paisley & Whitelaw Inc. to specific geographical areas.

This was a Case Management Conference regarding appeals of the City of Guelph's new Comprehensive Zoning By-law, related Official Plan updates, and residential parking requirements.

On consent of the parties, the Tribunal consolidated the Parking By-law Appeal with the Comprehensive Zoning By-law and Official Plan Amendment appeals.

The Tribunal also scheduled a settlement hearing for April 23, 2024, to address settlements reached with several appellants, and a third Case Management Conference for June 25, 2024.

The appellants brought a motion seeking approval of a settlement agreement with the Township of King regarding an appeal of a comprehensive zoning by-law.

The settlement proposed site-specific modifications to permit additional uses on the Charing Cross Property and a deferral of the appeal concerning the Ontario Inc. Property pending a corridor land use study.

Based on uncontroverted expert planning evidence, the Tribunal found the modifications represented good land use planning and the deferral was appropriate.

The motion was granted, the zoning by-law was amended accordingly, and the remaining portion of the appeal was deferred sine die.

The Ontario Land Tribunal held a fourth Case Management Conference regarding appeals of the Township of King's Comprehensive Zoning By-law No. 2017-66.

The Tribunal ordered that issues raised by 611428 Ontario Limited regarding the 'Future Use' zone in the Township's Rural By-law (ZBL 2022-053) be heard together with the subject appeals.

A Procedural Order and Issues List were approved, and a four-day video hearing was scheduled for November 2024.

At a Case Management Conference regarding appeals of the Township of King's Comprehensive Zoning By-law No. 2017-66, the Tribunal considered a request to hear the appeals together with certain issues raised in a separate appeal of the Township's Rural Zoning By-law No. 2022-053.

The Tribunal found it appropriate to hear the overlapping issues regarding 'Future Use' zones together.

A Procedural Order and Issues List were approved, and a four-day video hearing was scheduled.

This decision arises from a Case Management Conference regarding multiple appeals of the City of Kawartha Lakes Official Plan and its Secondary Plans.

The Tribunal received status updates on the various phases of the hearing, including ongoing settlement discussions, the withdrawal of certain appeals, and the scheduling of future hearing dates.

A further Case Management Conference was scheduled to continue progressing the matters toward potential settlement prior to the merit hearing.

The Ontario Land Tribunal held a fourth Case Management Conference regarding multiple appeals of the Township of King's Comprehensive Zoning By-law No. 2022-053.

The Tribunal granted requests to adjourn several site-specific appeals sine die pending the completion of a land use study and ongoing settlement discussions.

The Tribunal also noted the withdrawal of certain appeals and ordered that the un-appealed portions of the zoning by-law pertaining to the Highway 11 Corridor be deemed to have come into force on the day the by-law was passed.

The appellants appealed the Town's refusal of consent and minor variance applications to divide a residential lot containing a historic home into three parcels, as well as the Town's passing of a heritage designation by-law.

The Tribunal found that the property was not a farm remnant and that neither the deep front yard setback nor the former driveshed constituted protectable heritage attributes under the Ontario Heritage Act.

The Tribunal allowed the appeals in part, approving the severances and variances subject to conditions, including a heritage easement to protect views of the historic home, finding the proposal consistent with provincial and municipal planning policies.

The applicants appealed the Town of Grimsby's refusal of official plan and zoning by-law amendments to permit a seven-storey mixed-use development.

The parties reached a settlement agreement prior to the hearing.

Based on the uncontested expert land use planning evidence, the Tribunal found that the revised proposal was consistent with provincial policies, conformed to regional plans, and represented good planning.

The appeals were allowed in part to implement the settlement.

At a Case Management Conference regarding appeals for an Official Plan Amendment, Zoning By-law Amendment, and Consent to permit a single detached dwelling, the Tribunal consolidated the three files on consent.

As the parties had made substantial progress toward a resolution, the Tribunal scheduled a written settlement hearing.

The City of Guelph brought a motion for directions seeking partial approval of its new Comprehensive Zoning By-law, save and except for certain sections under appeal.

The City also sought to scope the appeals of Industrial Equities Guelph Corporation and Paisley & Whitelaw Inc. to site-specific or area-specific appeals.

The Tribunal granted the motion, finding that the notices of appeal for both respondents only provided reasons related to specific properties and did not justify city-wide appeals.

The Tribunal deemed the unappealed portions of the By-law to be in full force and effect and ordered the respondents to scope their appeals accordingly.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals from the Township of King's refusal of applications for an Official Plan amendment and Zoning By-law amendment.

The applications seek to permit the development of a single detached dwelling and accessory structures on private services.

The Tribunal adjourned a party status request from a neighbour to the next CMC and directed the parties to discuss consolidating these appeals with a related consent application appeal.

A further CMC was scheduled for January 9, 2024.

The appellant brought a motion to resolve its site-specific appeal of the Township of King's Comprehensive Zoning By-law No. 2022-053.

The parties reached a settlement agreement to add an exception provision for the subject property, which was previously zoned for rural employment.

Based on uncontroverted expert planning evidence, the Tribunal found the proposed modification was consistent with provincial policies, conformed to applicable official plans, and represented good land use planning.

The Tribunal allowed the appeal in part and modified the zoning by-law accordingly.

This was the third Case Management Conference regarding multiple appeals of the Township of King's Rural Countryside Zoning By-law No. 2022-053.

Several appellants withdrew their appeals or party status requests.

The Tribunal scheduled future motions to consider settlement agreements for several appellants.

The Tribunal also heard and approved a settlement agreement between Appellant 13 (Northern Wide Plank Flooring Inc.) and the Township, modifying the zoning by-law to add an exception provision for the subject property, finding it consistent with provincial policies and good land use planning.

The appellants brought a motion to approve a settlement of their site-specific appeals against the Township's new Comprehensive Zoning By-law No. 2022-053.

The settlement proposed site-specific zoning exceptions to permit additional on-farm diversified uses and to rezone certain lands to Greenbelt Natural Heritage.

Relying on uncontroverted expert land use planning evidence, the Tribunal found the proposed modifications aligned with good land use planning, conformed to applicable provincial and municipal policies, and satisfied all legislative tests.

The motion was granted and the appeals were allowed in part to implement the settlement.

At a second Case Management Conference regarding appeals of the Town of Grimsby's refusal of official plan and zoning by-law amendments, the parties advised they had reached a settlement.

The Tribunal scheduled a written hearing to consider the settlement agreement and directed the parties to provide the necessary materials, including an expert affidavit and draft instruments, in advance.

The Tribunal also directed the parties to communicate with the participant, Harmony Group of Companies, regarding the settlement materials.

The Ontario Land Tribunal held a second Case Management Conference regarding an appeal by the applicant against the Town's refusal of a Zoning By-law Amendment application.

The amendment sought to permit a commercial refueling station.

The Tribunal scheduled an 8-day video hearing to commence on March 25, 2024, and directed the appellant to submit a final draft Procedural Order and Issues List.

The City of Vaughan and Promenade Limited Partnership brought motions for the approval of nine settlements regarding appeals of the City's new Comprehensive Zoning By-law 001-2021 and Transition By-law 039-2022.

The settlements proposed site-specific amendments to recognize previous zoning approvals and facilitate mixed-use, residential, and commercial developments.

Based on uncontested expert land use planning evidence, the Tribunal found that the proposed amendments had regard for matters of provincial interest under section 2 of the Planning Act, were consistent with the Provincial Policy Statement, and conformed to the Growth Plan, the York Region Official Plan, and the Vaughan Official Plan.

The Tribunal allowed the appeals in part and approved the proposed zoning by-law amendments.

This decision arises from a Case Management Conference regarding multiple appeals of the City of Kawartha Lakes' 2012 Official Plan and Secondary Plans.

The Tribunal noted the withdrawal of several appeals and directed the merging of the Phase 5 and Phase 7 hearings.

The Tribunal scheduled a further Case Management Conference and set dates for the merged five-week hearing.