Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 23, 2022
CASE NO(S).: OLT-21-001285
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant and Appellant: Hawk Ridge Homes Inc.
Subject: Application to amend Zoning By-law No. (55-86) – Refusal of application by Township of Woolwich
Existing Zoning: Mixed Medium Density (R-4), Residential Mixed Medium Density/Flood Fringe (R-4 (FF)) and General Industrial – Urban/Flood Fringe (M-2(FF))
Proposed Zoning: Residential - Mixed Medium Density with Design Guidelines (R-4A) and Residential – Mixed High Density with Design Guidelines (R-5A) with site-specific provisions for the proposed residential portion of the Hawk Ridge Homes Inc. Draft Plan (the “Draft Plan”)
Purpose: To permit 12 lots for single family homes, 24 lots for semi-detached homes, and a future non-residential block
Property Address/Description: 36-68 Union Street
Municipality: Township of Woolwich
Municipal File No.: D15 ZC 6/2016 E
OLT Lead Case No. OLT-21-001285
OLT Case No.: OLT-21-001285
OLT Case Name: Hawk Ridge Homes Inc. v. Township (Woolwich)
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant and Appellant: Hawk Ridge Homes Inc.
Subject: Proposed Plan of Subdivision - Failure of Region of Waterloo to make a decision
Purpose: To permit 12 lots for single family homes, 24 lots for semi-detached homes, and a future non-residential block
Property Address/Description: 36-68 Union Street
Municipality: Township of Woolwich
Municipal File No.: D12 30T16701 E
OLT Lead Case No. OLT-21-001285
OLT Case No.: OLT-21-001286
Heard: February 8, 2022 via Video Hearing
APPEARANCES:
Parties
Counsel
Hawk Ridge Homes Inc.
Meredith Baker/Nancy Smith
Township of Woolwich
Kevin Thompson/Jamie Cockburn
Region of Waterloo
Fiona McCrea
MEMORANDUM OF ORAL DECISION DELIVERED BY CARMINE TUCCI ON FEBRUARY 8, 2022 AND ORDER OF THE TRIBUNAL
1This is the first Case Management Conference (“CMC”) for this case.
2The purpose of the CMC was to receive status updates from both parties to organize the hearing of these appeals.
OVERVIEW
3The Subject Lands are located on the corner of Union Street and First Street in the Town of Elmira (“Town”), and lie between the western edge of the Town's residential area and the eastern edge of the Township of Woolwich's (“Township”) industrial area. The Subject Lands have an area of 3.2 hectares, containing a two-storey brick dwelling, steel shed, frame shed, and the concrete foundation of a demolished chicken coop. All existing buildings and structures are vacant and proposed to be demolished.
4Approximately 2.3 hectares of the Subject Lands are suitable for development and have historically been used as an apple orchard. The balance of the Subject Lands, which is approximately 0.9 hectares, is within the floodplain of the Shirt Creek and Weigel Drain and is subject to the Township's two-zone flood plain policy.
5The Subject Lands are within the Built-Up Area of the Township's Urban Area as set out in the Region of Waterloo Official Plan ("Region OP"). They are designated Residential and Ancillary Uses in the Township Official Plan ("Township OP"). The Subject Lands are zoned Residential -Mixed Medium Density, which permits detached and semi-detached dwellings, and General Industrial Urban, which permits manufacturing facilities, wholesale outlets, warehouses and various other commercial uses, within the Township's Zoning By-law No. SS-86 ("ZBL"). The Subject Lands have been planned for residential development since the 1990s.
DEVELOPMENT PROPOSAL
6The Draft Plan proposes to create 12 lots for single family homes, 24 lots for semi-detached homes, as well as a block for future non-residential development. All lots will be accessed by municipal streets including First Street and the extensions of College and Bauman Streets. The portion of the Subject Lands within the flood plain will be dedicated to the Township for public open space. In addition, a 1,634-square-metre park block will be dedicated to the Township.
7Each dwelling unit will have an attached garage, with additional parking provided on the driveway, for a total of two parking spaces per dwelling. All driveways will have a minimum length of nine metres. Driveways for the semi-detached homes will be paired to provide sufficient on-street parking for visitors.
8Sidewalks are proposed to be constructed on both sides of College and Bauman Street extensions. There is an existing sidewalk on the north side of First Street that will be reinstated after municipal services are installed for the lots fronting on First Street. The proposed road pattern will seamlessly connect both motorists and pedestrians between the proposed development and the existing development to the west. In addition, sidewalks are proposed along the entire Union Street frontage.
9The park block will be adjacent to Union Street and will abut the Subject Lands to be dedicated to the Township for Open Space, thereby creating a large public amenity area that is easily accessed from Union Street. The total area to be dedicated to the Township for parkland and Open Space is 9,682 square metres. This area represents approximately 30% of the total area of the Subject Lands.
THE ZONING BY-LAW AMENDMENT (“ZBA”)
10The purpose of the ZBA is to rezone the Subject Lands to R-4A -Residential Mixed Medium Density with Design Guidelines, and R-5A -Residential Mixed High Density with Design Guidelines, to permit the construction of small lots - detached and semi-detached dwellings subject to Design Guidelines. All lots will meet the frontage and area requirements for their respective zone and the dwellings will meet the zone standards for front, rear, and side yard setback, as well as for height.
11Additionally, the Flood Fringe overlay will apply to five of the detached lots that are adjacent to Shirt Creek and Weigel Drain. A 1,659-square-metre block currently zoned R-4 -Flood Fringe will be rezoned to 0-1-Open Space and dedicated to the Township for parkland. The Subject Lands currently zoned M-2 F and W - General Industrial Urban, Flood - Way will be rezoned to 0-2-Open Space, where no development will be permitted, and in which will be dedicated to the Township for open space and passive recreational use. The uses of the block at the corner of Union and First Streets will be determined at a later date. The existing R-4 zoning will be retained on this block until such time as Hawk Ridge Homes Inc. (“Applicant/Appellant”) makes an application to rezone the lands for non-residential uses.
DRAFT PLAN OF SUBDIVISON
12The purpose of the Draft Plan is to allow for the creation of residential lots, a commercial block, a park block, and an open space block as noted above.
NATURE OF THE APPEALS
13Township Council refused the zone change application as submitted.
PARTY STATUS REQUEST
14The Tribunal received a Party Status application from Ron Koniuch of Sulco Chemicals Limited (“Sulco”). Sulco is located at 60 First Street East, approximately 102 metres from the proposed Hawk Ridge Homes Inc. Development.
15The Tribunal canvassed Counsel for the Applicant/Appellant, Counsel for the Township and Counsel for the Region, there were no objections to granting Party Status to Mr. Koniuch.
16The Tribunal granted Party Status to Mr. Koniuch.
17Ms. Baker informed the Tribunal that she will complete and submit an updated Procedural Order.
18The Tribunal hereby schedules a Video Hearing of these appeals on Monday, July 18, 2022, commencing at 10 a.m. Five (5) days has been set aside.
19Parties 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/909787981
Access code: 909-787-981
20Parties 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
21Persons 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) 497-9391 or (Toll-Free) 1 (888) 455-1389. The access code is 909-787-981.
22Individuals 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.
23No further notice will be given.
24The Member is not seized.
25So 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 (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.