Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
May 11, 2022
CASE NO(S).:
OLT-21-001326
PROCEEDING COMMENCED UNDER subsection 17(40) of the Planning Act, R.S.O. 1990, C. P. 13, as amended
Appellant:
Capital Paving Inc.
Subject:
Failure of Township of Woolwich to announce a decision respecting Proposed Official Plan Amendment No. 3
Municipality:
Municipal File No.:
Township of Woolwich
D09 OPA 3/2019
OLT Lead Case No.:
OLT-21-001326
OLT Case No.:
OLT Case Name:
OLT-21-001326
Capital Paving Inc. v. Woolwich (Township)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant and Appellant:
Capital Paving Inc.
Subject:
Application to amend Zoning By-law No. ZBA 9/2019 – Neglect or Refusal of application by Township of Woolwich
Existing Zoning:
Agricultural (A)
Proposed Zoning:
Site-specific Extractive (E) zone
Purpose:
To permit a new sand and gravel pit operating above the water table (“Shantz Station Pit”)
Property Address/Description:
1175 Foerster Road, 1195 Foerster Road, 1226 Maryhill Road and 1472 Village View Road
Municipality:
Township of Woolwich
Municipal File No.:
D15 ZC 9/2019
OLT Case No.:
OLT-21-001325
OLT Lead Case No.:
OLT-21-001326
PROCEEDING COMMENCED UNDER subsection 11(5) of the Aggregate Resources Act, R.S.O. 1990, c. A. 8, as amended
Referred by:
Ministry of Natural Resources and Forestry (MNRF)
Objectors:
Bonnie Bryant, Adrianne Ball, et al.
Applicant:
Capital Paving Inc.
Subject:
Application for a (Class A or B) licence for the removal of aggregate
Property Address/ Description:
1175 Foerster Road, 1195 Foerster Road, 1226 Maryhill Road and 1472 Village View Road
Municipality:
Township of Woolwich
OLT Case No.:
OLT-22-001992
OLT Lead Case No.:
OLT-21-001326
Heard:
May 4, 2022 by video hearing
APPEARANCES:
Parties
Counsel*/Representative
Capital Paving Inc. (Appellant)
David White*
Neal DeRuyter (Applicant)
George Lourenco
Township of Woolwich
Kevin Thompson*
Region of Waterloo
Fiona McCrea*
DECISION DELIVERED BY P. TOMILIN AND D. CHIPMAN ORDER OF THE TRIBUNAL
INTRODUCTION
1Capital Paving Inc. (“Applicant/Appellant”) intends to develop a new sand and gravel pit operating above the water table (“Shantz Station Pit/Subject Lands”) located at 1175 Foerster Road, 1195 Foerster Road, 1226 Maryhill Road and 1472 Village View Road, Woolwich Township (“Township”), Region of Waterloo (“Region”).
2To facilitate its proposed development, Applicant has applied for the approval of an Official Plan Amendment (“OPA”) to the Township’s Official Plan (OPA 3/2019), and the Zoning By-law Amendment (ZBA 9/2019), pursuant to subsections 22(7) and 34(11) respectively of the Planning Act (“Act”) and and a connecting Aggregate Resources Act (“ARA”) license application (License No. 626421).
3The Township failed to make a decision on the application within the time period specified in the Planning Act, R.S.O. 1990, c. P. 13, as amended, at which point the Applicant filed the appeal.
4The Tribunal held this first Case Management Conference (“CMC”). Notice for the hearing event and the Affidavit of Service attesting to service were marked as Exhibit 1.
REQUESTS FOR PARTICIPANT STATUS
5The Tribunal received twelve participant status requests. The parties raised no concerns with these requests having been provided copies of the submissions.
6Having heard no objection from the Parties, the Tribunal conferred participant status to:
Brian Hawker
David Aide
David McAuley
George Isley
Gloria Gore
Karin and Wolfgang Koehler
Melissa Reitzel
Paul Ward
Sandy Walker
Theresa McGrath
Dan Kroetsch
Judy Kroetsch
REQUESTS FOR PARTY STATUS
7The Tribunal received seven requests for Party Status. Some of the requests were withdrawn due to Hopewell Creek Ratepayers Association Inc. (“HCRA”) being granted a Party Status.
8The Tribunal determined that Mike Whitmore, who was not present at this CMC, has essentially the same concerns as his colleague, John P. Schaman. Therefore, Messers. Whitmore and Schaman will collaborate on their issues with Mr. Schaman maintaining his request for Party Status.
9Counsel for the Applicant/Appellant and the Township and The Region raised no objections to Mr. Schaman being granted party status.
MEDIATION
10The Tribunal canvassed the Parties as to whether they have engaged in discussions to resolve any of the issues in the appeal, and whether they are interested in a Tribunal-led mediation. Counsel for the Applicant/Appellant has indicated that they’re hoping to resolve issues of the Region and Township via a ZBL with a holding provision. However, Mr. Schaman and HCRA’s counsel has stated that their issues differ substantially from those of the Region and Township. Thus, mediation was declined.
CMC, PROCEDURAL ORDER AND ISSUES LIST
11The Parties requested a second CMC based on the addition of Parties to this matter to scope the issues which will be put forth in the Hearing. All Parties agreed that a further CMC would allow for dialogue on submissions to the Issues List, a calculation on the number of expert witnesses that are expected to be called by each Party and to set a date for the hearing of the merits involved in this case. Mr. White has offered to coordinate those efforts.
ORDER
12The Tribunal orders as follows:
HCRA and Mr. Schaman are conferred Party status.
Participant status is conferred as set out above in this Decision.
Parties are to provide their issues to Counsel for the Applicant/Appellant on or before Wednesday, June 22, 2022, so that the Parties on consent, may jointly submit the draft Procedural Order containing an Issues List, 10 days prior to the second CMC.
The Tribunal orders that a second CMC is scheduled to commence at 10 a.m. on Friday, July 8, 2022, by video hearing to finalize the Procedural Order, Issues List and set down a hearing date on the merits of this matter:
13Parties 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/709076365
Access code: 709-076-365
14Parties 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
15Persons 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 709-076-365.
16No further notice will be provided.
17These Members are not seized.
“P. Tomilin”
P. TOMILIN
MEMBER
“D. Chipman”
D.CHIPMAN
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.