Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 30, 2021
CASE NO(S).: PL130028, PL180119, PL180121
The Ontario Municipal Board (the “OMB”) and the Local Planning Appeal Tribunal (the “LPAT”) is continued under the name Ontario Land Tribunal (the “Tribunal”), and any reference to the Ontario Municipal Board or Board or Local Planning Appeal Tribunal in any publication of the Tribunal is deemed to be a reference to the Tribunal.
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Activa Holdings Inc. Appellant: Northgate Land Corp. Subject: Proposed New Official Plan Municipality: City of Waterloo LPAT Case No.: PL130028 LPAT File No.: PL130028 LPAT Case Name: Activa Holdings Inc. v. Waterloo (Regional Municipality)
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 1017081 Ontario Limited Subject: Proposed Plan of Subdivision - Failure of the Region of Waterloo to make a decision Purpose: To permit the creation of a new residential neighbourhood with parks and protected open space Property Address/Description: Part of Lot 28 GERMAN COMPANY TRACT (Plan 58R et al) Municipality: Region of Waterloo Municipality File No.: 30T-17401 OMB Case No.: PL180119 OMB File No.: PL180119 OMB Case Name: 1017081 Ontario Ltd. v. Waterloo (Region)
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 1017081 Ontario Limited Subject: Proposed Plan of Subdivision - Failure the Region of Waterloo to make a decision to make a decision Purpose: To permit the creation of a new residential neighbourhood with parks and protected open space Property Address/Description: Part of Lot 28 GERMAN COMPANY TRACT (Plan 58R et al) Municipality: Region of Waterloo Municipality File No.: 30CDM-17409 OMB Case No.: PL180119 OMB File No.: PL180120
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Gabriella Groff & 1017081 Ontario Ltd. Subject: Application to amend Zoning By-law No. 1418 - Neglect of the City of Waterloo to make a decision Existing Zoning: "Agricultural (A)" Proposed Zoning: "G 1 - Green 1- Environmental"; "G2 - Green 2 - Parks and Other Municipal Facilities"; "FR - Flexible Residential"; "MD3 - Medium Density 3"; "MR6 - Multiple Residential - Six"; "MXR - Mixed use residential", "SD - semi-detached" Purpose: To permit the development of 614 - 835 dwelling units, including single-detached dwellings, street fronting town houses, multiple residential blocks and mixed use development Property Address/Description: S/W Corner of Conservation Drive and Beaver Creek Road Municipality: City of Waterloo Municipality File No.: Z-17-14 OMB Case No.: PL180119 OMB File No.: PL171494
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 1455136 Ontario Limited Subject: Proposed Plan of Subdivision - Failure of Region of Waterloo to make a decision Purpose: To permit the creation of a new residential neighbourhood with parks and protected open space Property Address/Description: Part of Lot 28 GERMAN COMPANY TRACT Municipality: Region of Waterloo Municipality File No.: 30T-17402 OMB Case No.: PL180121 OMB File No.: PL180121 OMB Case Name: 1455136 Ontario Ltd. v. Waterloo (Region)
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 1455136 Ontario Limited Subject: Proposed Plan of Subdivision - Failure of the Region of Waterloo to make a decision Purpose: To permit the creation of a new residential neighbourhood with parks and protected open space Property Address/Description: Part of Lot 28 GERMAN COMPANY TRACT Municipality: Region of Waterloo Municipality File No.: 30T-17410 OMB Case No.: PL180121 OMB File No.: PL180122
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 1455136 Ontario Limited Subject: Application to amend Zoning By-law No. 1418 - Neglect of the City of Waterloo to make a decision Existing Zoning: Agricultural 'A' Proposed Zoning: "G 1 - Green 1- Environmental"; "G2 - Green 2 - Parks and Other Municipal Facilities"; "FR - Flexible Residential"; "MD3 - Medium Density 3"; "MR6 - Multiple Residential - Six"; "MXR - Mixed use residential", "SD - semi-detached" Purpose: To permit the creation of a new residential neighbourhood with parks and protected open space Property Address/Description: Part of Lot 28 GERMAN COMPANY TRACT Municipality: City of Waterloo Municipality File No.: Z-17-15 OMB Case No.: PL180121 OMB File No.: PL171495
Heard: June 22, 2021 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Regional Municipality of Waterloo | F. McCrea |
| City of Waterloo | S. O’Melia |
| Gabriella Groff, 1017081 Ontario Ltd., 1455136 Ontario Limited, and Northgate Land Corp. | R. Howe |
| Activa Holdings Inc. | G. Murdoch |
| Mar-View Farms Limited and 2550891 Ontario Inc. | P. Foran |
| 2014707 Ontario Limited and 2115881 Ontario Limited | D. Baker |
| John Brohman | E. Davis |
DECISION DELIVERED BY D. CHIPMAN AND ORDER OF THE TRIBUNAL
1This was the second Case Management Conference (“CMC”) convened for remaining appeal to the City of Waterloo (“City”) 2012 Official Plan (“OP”) and for appeals of site-specific applications in the City being heard together with the OP appeal.
2Specifically, appeals were lodged against the partial approval, with modifications, by the Regional Municipality of Waterloo (“Region”) to the City’s OP. The appeals being heard together with the OP are those lodged by the proponents of site-specific developments that appealed the absence of a decision by the City within the statutory timeframe for Zoning By-law Amendments (“ZBA”) and Plans of Subdivision (“SUB”) (“site-specific appeals”).
HEARING, Procedural Order, and ISSUES LIST
3Mr. Howe, counsel for Northgate Land Corp. (“Northgate”) noted that their appeal was the sole remaining appeal of the OP since Activa Holdings Inc. (“Activa”) had withdrawn their appeal. This was confirmed by Mr. Murdoch, counsel for Activa.
4Mr. Howe requested the Tribunal consolidate the OP appeal with the site-specific appeals to be considered in one hearing. The Tribunal appreciated this contextual information and recognized that it would be appropriate to consolidate the two facets of the appeals as the OP appeal has a direct relationship to the site-specific appeals.
5Counsel for Northgate requested that the Tribunal schedule a 20-day hearing in October 2022, preceded by a third CMC in November 2021. The purpose of the third CMC, according to Mr. Howe, would be for the Tribunal to approve the procedural order (“PO”).
6Northgate committed to file their final revised plan by August 9, 2021 to the Region and the City. Until this time the City stated it is not feasible to draw any issues for the Issues List (“IL”) based on the lack of a finalized plan.
7Based on the receipt of a finalized plan, the Parties agreed that many of the issues previously identified are likely to be scoped, if not resolved, and that a further CMC in November 2021 would provide sufficient time for the drafting of a PO with an IL for the unresolved matters pertaining to the site-specific appeals.
8Ms. Foran and Ms. Baker informed the Tribunal that they will need to understand Northgate’s draft plan conditions and draft zoning by-law to understand how it will impact their clients concerns. Once understood, they may require amendments to the IL.
9The Tribunal directed that the anticipated draft PO with IL be filed with the Tribunal on or before September 20, 2021 allowing for the refinement of the issues between the submission date and the CMC in November 2021 to capture the concerns of all the Parties.
10Mr. O’Melia, counsel for the City, stated that a motion will be presented at the next CMC for the Tribunal’s consideration based on the geographical boundaries which have not yet been scoped and the impact of the final submission presented by Northgate.
11With respect to the format of the hearing, counsel agreed that it would be prudent to schedule this as a video hearing, given circumstances around the COVID-19 pandemic. They also agreed that the PO should allow for an opportunity to convert the hearing to an appearance, should circumstances later allow.
12Based on the discussion during the CMC regarding the issues, the expected number of witnesses and the video hearing format, the Tribunal determined that it would be reasonable to schedule the hearing for 20 days. The Tribunal also agreed that a third CMC is required in these circumstances, to allow the Parties to address the draft PO and IL as well as the motion which will be presented by the City.
ORDER
13The Parties shall provide, on or before September 20, 2021, a written status update to the assigned Case Coordinator, which shall include the draft PO to be consider during the CMC, highlighting any items that will require the Tribunal’s assistance to finalize.
14The Tribunal orders that a third CMC is scheduled to commence at 10 a.m. on Wednesday, November 3, 2021:
GoTo Meeting: https://global.gotomeeting.com/join/556112013
Audio-only telephone line: 1 (647) 497-9391 or Toll Free 1 (888) 455-1389
Access code: 556-112-013
15The Tribunal further orders that the hearing is scheduled to commence at 10 a.m. on Monday, October 3, 2022 for 20 days:
GoTo Meeting: https://global.gotomeeting.com/join/510233477
Audio-only telephone line: 1 (647) 497-9373 or Toll Free 1 (888) 299-1889
Access code: 510-233-477
16Statutory Parties and anyone seeking Party or Participant status 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.
17Parties 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
18Observers and persons 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 with the access code(s) provided.
19Individuals 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 CMC or 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.
20No further notices of the CMC or hearing are required.
21This Member is not seized.
“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.