Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 23, 2021
CASE NO(S).: PL200610
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 2274581 Ontario Inc.
Subject: Request to amend the Official Plan - Failure of the Township of Wilmot to adopt the requested amendment
Existing Designation: Dry Industrial/Commercial
Proposed Designated: Settlement Residential
Purpose: To permit two residential lots
Property Address/Description: 415082 Queen Street and Cottage Lane
Municipality: Township of Wilmot
Approval Authority File No.: OPA 01/16
LPAT Case No.: PL200610
LPAT File No.: PL200610
LPAT Case Name: 2274581 Ontario Inc. v. Wilmot (Township)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 2274581 Ontario Inc.
Subject: Application to amend Zoning By-law No. 83-38 -Neglect of the Township of Wilmot to make a decision
Existing Zoning: Zone 8 - Commercial
Proposed Zoning: Zone 2 (Residential)
Purpose: To permit two residential lots
Property Address/Description: 415082 Queen Street and Cottage Lane
Municipality: Township of Wilmot
Municipality File No.: ZCA-02/16
LPAT Case No.: PL200610
LPAT File No.: PL200611
PROCEEDING COMMENCED UNDER subsection 53(14) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 2274581 Ontario Inc.
Subject: Application for Consent - Failure of the Township of Wilmot to make a decision
Purpose: To permit two residential lots
Property Address/Description: 415082 Queen Street and Cottage Lane
Municipality: Township of Wilmot
Municipal File No.: B-02/20
LPAT Case No.: PL200610
LPAT File No.: PL200612
Heard: June 7, 2021 by Video Hearing
APPEARANCES:
Parties
Counsel
2274581 Ontario Inc.
Jennifer Meader
Township of Wilmot
Eric Davis
Region of Waterloo
Fiona McCrea
MEMORANDUM OF ORAL DECISION DELIVERED BY CARMINE TUCCI ON JUNE 7, 2021 AND ORDER OF THE TRIBUNAL
1The matter before the Ontario Land Tribunal (the “Tribunal”), was with respect to the appeals of the failure to make a decision on an Official Plan Amendment, a Zone Change and a Consent Application by the Council of the Township of Wilmot (“Township”).
2The purpose of the applications is to re-designate, zone and sever the subject property to accommodate two residential lots. Each lot is to be developed with a single detached dwelling, shared road, driveway access, services and landscaped areas.
3The Subject property is approximately 1.1 hectares in size presently, zoned as Zone 8-Commercial and is designated Dry Industrial/Commercial in the Township Official Plan. The surrounding land uses include residential and seasonal residential uses to the north and east, a cemetery to the south and agricultural uses to the west and north.
4The Tribunal was informed by Jennifer Meader, Counsel for 2274581 Ontario Inc. (the “Applicant/Appellant”), that a Settlement Agreement of the issues by all parties was to be finalized within a few days of this Case Management Conference (“CMC”). Key issues had been addressed and that all parties were pleased and satisfied.
5The Tribunal directs the parties to submit the affidavit in support of the settlement not later than two (2) weeks prior to the Settlement hearing date.
6The Tribunal hereby schedules a Settlement Conference Hearing by video, of these appeals on Thursday, September 23, 2021, commencing at 10 a.m. One (1) day has been set aside.
7Parties 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/928275789
Access code: 928-275-789
8Parties 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
9Persons 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: +1 (647) 497-9373 or Toll Free 1 888 299 1889. The access code is 928-275-789.
10Individuals 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.
11No further notice will be given.
12The Member is not seized.
13So Orders the Tribunal.
“Carmine Tucci”
carmine tucci
MEMBER
Ontario Land Tribunal
Website: 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.