Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 03, 2022
CASE NO(S).: PL180728
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Intermarket Real Estate Group
Appellant: Joseph & Laura Puopolo
Appellant: White Water Holdings Inc.
Subject: Proposed Official Plan Amendment No. OPA 128
Municipality: Region of Waterloo
OLT Case No.: PL180728
OLT File No.: PL180728
OLT Case Name: Puopolo v. Waterloo (Region)
Heard: February 16, 2022 by Video Hearing
APPEARANCES:
Parties
Counsel
Regional Municipality of Waterloo
Brian Duxbury
Fiona McCrea
City of Cambridge
Patrick Kraemer
Intermarket Real Estate Group
Jennifer Meader
Laura and Joseph Puopolo
Steven O’Melia
Michael and Kim Pollock
Kevin Thompson
Hildagard Annie Shiry, Brian Harold Shiry, Pauline Victoria Shiry and Helen Elizabeth Shiry
David Sunday
John, Don, Larry, Douglas, James, Edward and Connie Hammer, Cathy Murphy and Veronica Kerr
Kyle Gossen
MEMORANDUM OF ORAL DECISION DELIVERED BY T. PREVEDEL ON FEBRUARY 16, 2022 AND ORDER OF THE TRIBUNAL
Introduction
1The matter before the Tribunal is the Region of Waterloo’s (“Region”) adoption of Regional Official Plan Amendment No. 2 (“ROPA 2”) and the resultant appeals lodged against it.
2At the onset of this process, there were originally three Appellants. The appeal by White Water Holdings Inc. (“White Water”) was withdrawn as per the Tribunal’s Order dated June 9, 2021.
3The matter before this Hearing is the proposed settlement with respect to the third Appellant, Joseph and Laura Puopolo (“Puopolo”).
Motion
4The Region has submitted a Motion for:
An Order allowing the Appeal of Puopolo in part;
An Order amending ROPA 2 in accordance with Schedule “A” attached;
An abridgement of time to serve and file this Notice of Motion Record, if necessary; and,
Such further and other relief as counsel may advise and this Tribunal may permit.
The Hearing
5This was a Settlement Hearing as the Region, the City of Cambridge (“City”), the Madison Group and Whitewater Holdings Inc. have entered into a settlement to resolve the Puopolo Appeal in accordance with the executed Minutes of Settlement amongst the Parties.
6Brian Duxbury, counsel for the Region, provided an overview of the proposed settlement and advised the Tribunal that the Minutes of Settlement (“Minutes”) contemplate, among other matters, that the Puopolo lands will be utilized as a stormwater retention pond and outlet facility to the Grand River. This will free up other lands within ROPA 2 for residential development.
7Mr. Duxbury further advised the Tribunal that a small amount of land will remain for redevelopment of four (4) lots in the rural designation and that the settlement does not affect or expand the urban area.
8On a final note, Mr. Duxbury advised that the balance of the Puopolo appeal is withdrawn.
9Steven O’Melia, counsel for the Puopolos, agreed with the comments provided by Mr. Duxbury and confirmed that the balance of the Puopolo appeal is withdrawn, but that they wish to retain Party status in order to monitor the balance of the proceedings.
10Brenna Mackinnon was available at the Hearing and was qualified by the Tribunal as an expert witness in land use planning.
Planning Evidence
11A written affidavit was provided by Ms. Mackinnon with respect to the proposed settlement, providing expert opinion that the proposed settlement appropriately addresses the matters of provincial interest in s. 2 of the Planning Act, is consistent with the Provincial Policy Statement, 2020 (“PPS, 2020”), conforms with the Growth Plan for the Greater Golden Horseshoe, 2019 (“Growth Plan, 2019”), conforms with and implements the policies of the ROP and helps to maintain the integrity of the ROPA 2 lands as approved by Council for the Region.
12Ms. Mackinnon provided the Tribunal with a brief overview of the proposed settlement.
13In her written affidavit, she opined that the settlement achieves a result that does not require any new lands to be included in ROPA 2 under the Urban Area designation. Due to the amount of land that can be designated (115 hectares), bringing in additional land would require other lands, already approved by Council, to be removed. Rather, the Puopolo lands will be largely utilized as a stormwater management facility in conjunction with the development of a significant portion of the lands owned by the Madison Group and by White Water Holdings Inc., already located within the Urban Area Designation of ROPA 2. The Minutes contain extensive provisions in respect to the study work that has already been done to ensure that the Puopolo lands may serve a stormwater retention and outlet function for a portion of the ROPA 2 lands. The Minutes also contemplate that a small portion of remnant lands, still to be retained by the Puopolos, may be developed in due course for a limited number of residential lots, still under a rural residential designation in the City’s Official Plan that pertains to much of the land along Riverbank Drive.
14She also advised that the settlement resolves a long outstanding appeal without the need to further adjust or litigate the Urban Area Boundary established by ROPA 2. The Puopolo lands will serve as a beneficial stormwater outlet and retention facility and thereby allow a more complete development of ROPA 2 lands for residential uses. The settlement results in the ability to develop a few lots on the remaining Puopolo lands for uses that are consistent with the current designation and the current character of Riverbank Drive.
Disposition
15Based on the written and oral testimony provided by the expert witness, and the uncontested motion brought forward by the Region, the Tribunal finds that the proposed settlement has regard for matters of provincial interest as per s. 2 of the Planning Act, is consistent with the policies of the PPS, 2020, conforms with the Growth Plan, 2019 and conforms with and implements the policies of the ROP.
Scheduling of a Future Case Management Conference (“CMC”)
16Jennifer Meader, counsel for Intermarket Real Estate Group, advised the Tribunal that not all of the issues for the remaining appeals have been settled and resolved.
17On consent of the Parties, a future date for a CMC or potential Motion Hearing was scheduled for Tuesday, May 24, 2022 at 10 a.m.
18Parties 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://meet.goto.com/235609973
Access code: 235-609-973
19Parties 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.
20Persons 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: (Toll Free): 1(888) 455-1389 or +1 (647) 497-9391. The access code is 235-609-973.
21Individuals 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.
ORDER
22The Tribunal Orders that the Appeal of Joseph and Laura Puopolo is allowed in part.
23The Tribunal Orders that the Region of Waterloo Official Plan Amendment No. 2 is amended in accordance with Schedule “A” attached to this Decision
24The Member is not seized but may assist with case management, schedules permitting.
25No further notice will be given.
“T. Prevedel”
T. PREVEDEL
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.
SCHEDULE A