Appeal: Lundy's Lane Newmarket Assembly Inc.

Appeal Information 

• APPEALS BY: Lundy's Lane Newmarket Assembly Inc. to the Ontario Land Tribunal re: 43 Lundy's Lane; 592 Watson Avenue; 40, 36 and 32 Bolton Avenue (Ward 3)
• APPEAL FILE NUMBERS: OLT21-1280 and OLT21-1281

Background Information 

Lundy's Lane Newmarket Assembly Inc. ("Lundy's") has filed two appeals before the Ontario Land Tribunal ("OLT") regarding non-decisions on its Planning Act applications for zoning by-law amendment and site plan drawing approvals for the properties. 

The zoning appeal seeks to (a) bring the properties within Urban Centres Zoning By-law 2019-06 to align the properties with the Urban Centres Secondary Plan, (b) revise which street will be the 'front lot line', (c) revise the loading space requirement (number of spaces, driveway access size and location), (d) adjust a landscape buffer requirement at the southern end of 32 Bolton Avenue, and (e) not require the application of the angular plane in certain instances.  The site plan drawing appeal seeks to have the OLT approve the design drawings as submitted with the appeal.

These appeals arose as Lundy's chose to appeal its development application to seek OLT approval prior to Council having the opportunity to make its own determination on the application.  While it was Lundy's right to do so under the Planning Act, it is always the preference of the Town to have an application proceed to Council for it to make a determination on a development application. 

Case Management Conference ("CMC") of May 5, 2022

A CMC has been scheduled by the OLT to be heard by video conference at 10:00 am on May 5, 2022.  You can attend the CMC by connecting at 9:45 am using the following video link and access code:

• global.gotomeeting.com/join/692665589
• Access Code: 692-665-589
  

You can also attend the CMC via an audio-only telephone line:

• 1 (888) 299-1889 (toll free in Canada) or (647) 497-9373
• Access Code: 692-665-589
  

If you wish to seek party or participant status in accordance with the OLT Rules of Procedure, you will be required to file a Party Status Request Form or Participant Status Request Form with the OLT at least 10 days before the CMC (by April 22, 2022) and then attend the CMC on May 5, 2022. Learn more by viewing the OLT appeal guide. 

If you have any questions about how to become a party or a participant, you may contact the OLT Case Coordinator for this matter, Nazma Ramjaun, at 416-212-6349 or by email to [email protected].

Settlement Based on the Latest Site Plan Design Drawings of Lundy's

After Lundy's appealed this matter, the Town and Lundy's followed the requirements of the OLT to discuss the potential for settlement.  As part of those discussion, Lundy's has submitted the following revised drawings dated March 3, 2022, and revised supporting reports which can be viewed in the following link: Settlement Submission Revised Drawings and Reports. 

Settlement Submsision 

On March 28, 2022, Council approved a settlement of this matter based on the revised submissions.  As a result, the CMC of May 5, 2022, will proceed as a settlement hearing. With the consent of the Town, Lundy's will provide planning evidence at the CMC and ask the OLT approve the settlement of the zoning amendments and site plan design. The notice of the settlement hearing and a notice provided by the Town to area property owners can be viewed with the following link:

• Applicant Settlement Notice
  
• Town's Settlement Notice 
  
• Minutes of Settlement
  
• Affidavit of Stephen Armstrong, Professional Planner
  

Materials Filed with the OLT Appeals (August 2021 Submission)

The materials that Lundy's filed in support of its OLT appeals can be viewed via the following link: Re-Submission Materials from August 2021.

This folder includes the following Plans and Reports:

• Architectural drawings (including Shadow Study, Site Plan, Floor Plans, Building Elevations, and Angular Plane drawings)
• Cover Letter
  
• Draft Zoning By-law Amendment
  
  

Statutory Public Meeting of May 31, 2021

The statutory public meeting was held via Zoom on May 31, 2021.  A video of the meeting and related materials can be viewed via the following link:

• Notice to the public
  
• Applicant presentation
  
• Meeting minutes
  
• Video Recording of Statutory Public Meeting held on Zoom on May 31 (start video at 29:59)
  

Initial Submission Materials (January 2021)

The initial materials submitted by Lundy's in support of its Planning Act applications for zoning amendment and site plan drawing approval can be viewed via the following link: Initial Submission Materials (January 2021) 

 Current Parties to the OLT Appeals

• Town of Newmarket
• Lundy's Lane Newmarket Assembly Inc. (Owner)
  

Helpful Links 

• OLT Appeal Guide
• Party Status Request Form
• Participant Status Request Form