Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 29, 2022
CASE NO(S).: OLT-21-001564
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Telephone City Aggregates Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit a 390 unit residential development including detached dwellings and multiple residential dwellings
Reference Number: ZBA5/14/MD
Property Address: Part of Lots 13-16, Concession 1
Municipality/UT: Brantford/Brant
OLT Case No: OLT-21-001564
OLT Lead Case No: OLT-21-001564
OLT Case Name: Telephone City Aggregates Inc. v. Brant (County)
PROCEEDING COMMENCED UNDER section 51(34) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Telephone City Aggregates Inc.
Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description: To permit a 390 unit residential development including detached dwellings and multiple residential dwellings
Reference Number: PS1/14/MD
Property Address: Part of Lots 13-16, Concession 1
Municipality/UT: Brantford/Brant
OLT Case No: OLT-21-001565
OLT Lead Case No: OLT-21-001564
Heard: June 17, 2022 by video hearing
APPEARANCES:
Parties
Counsel
Telephone City Aggregates Inc.
Shelley Kaufman
County of Brant
Jyoti Zuidema and Rochelle Welchman
DECISION DELIVERED BY SHARYN VINCENT AND M. ARPINO AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) convened to consider the appeals filed by Telephone City Aggregates Inc. (“Applicant”) against the failure of the County of Brant (“County”) to make a decision within the time stipulated by statute, with respect to a rezoning application and a plan of subdivision application (“Appeals”).
2The Affidavit of Service was received by the Tribunal and entered as Exhibit 1.
3The Applicant owns land legally described as Part of the William Curtis Grant in the Augustus Jones Tract and Part of Lot 13, 14,15 and 16, Concession 1, (former Township of Branford) Town of Paris, County of Brant (“Subject Land”), which is zoned for aggregate extraction.
4The Applicant seeks to develop a residential subdivision on the Subject Land with 390 residential units, including 274 detached dwellings and 116 multiple residential dwellings. (“Development”).
5In 2013 the Applicant submitted a Rezoning Application and a Plan of Subdivision Application (“Applications”) to the County. The Tribunal was informed that neither the Applicant nor the County took action to process the Applications.
6The County has undertaken a review of the County Official Plan (“County OP”). It has proposed changes to establish the planning framework for the growth and development for the 2051 horizon. The proposed amendments to the County OP have been submitted to the Province for approval. The Tribunal was informed that proposed changes to the County OP would prohibit or restrict the Development.
7On November 05, 2021, the Applicant submitted the Appeals to the Tribunal.
8The Tribunal received requests for Participant Status from Carly Northey, Angela Bout, Kostiantyn Kumynskyi, Robert Ruttan, Deanna Poechman, Donna McKinna, Dennis McKinna, Mark Arndt, Krista Arndt, Norma Cavan, Tom Isotamm, Robert Ruttan, Heather Ruttan, Ronald Walls, Jennifer Walls, Emily Walls, and Wayne Fyffe.
9Alex Ciccone informed the Tribunal that he has been retained by Laura Shoots, Laura Pipkin, Lee Wivell and Kyla Latty who are seeking Party Status in this matter. His clients are evaluating whether they will incorporate a non-profit entity to represent their collective interests in the Appeals.
10Michael Alexander and Brant Ehnes submitted requests for Party Status. They informed the Tribunal that they will consider consolidating their interests with the other persons seeking Party Status.
11The County and the Applicant informed the Tribunal that they have met to discuss the Appeals but have not yet resolved the issues.
12The County asserts that in the face of amendments to the County OP the Applications are premature. The County submits that the Applications are also untimely because the Subject Land will not have access to municipal water and sanitary sewers within the next 5-10 years.
13The Tribunal was asked to schedule a CMC in 5-6 months to determine how the Appeals should be advanced.
14Counsel for the County stated that there is significant public interest in the Appeals and strongly urged the Tribunal to convene any future hearing events in person.
15The Tribunal determined that it would convene second CMC to wait for the outcome of the review of the County OP and to allow Mr. Ciccone to obtain instructions from his clients about incorporating an association.
16Given the spectrum of uncertainties, and the now dated consulting studies submitted to support a determination of complete application in 2013, it was determined by the Tribunal that the Tribunal would reserve on all requests for Party and Participant status in order to allow discussion between the Applicant and the County, and consultation with the interested individuals, to ensure that all are sharing a common knowledge base. At the next hearing event the Tribunal will hear submissions regarding the requests for Party and Participant Status in the Appeals.
17The Parties are directed to report to the Tribunal providing an update of the Status of the Appeals together with a Draft Procedural Order no later than Tuesday, November 1, 2022.
18A one-day CMC has been scheduled commencing Tuesday, December 6, 2022, 10 a.m.
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/709076365
Access code: 709-076-365
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) 497-9373 or Toll Free 1-888-299-1889. The access code is 709-076-365.
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.
23The Members are not seized other than to assist in matters arising from this Order.
24Notice will be provided to those listed in Schedule 1 attached hereto.
“Sharyn Vincent”
SHARYN VINCENT
VICE-CHAIR
“M. Arpino”
M. ARPINO
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 1
Jyoti Zuidema and Rochelle Welchman
County of Brant
Shelley Kaufman and Scott Snider
Telephone City Aggregates Inc.
Alex Ciccone Solicitor for individuals seeking Party Status
Kyla Latty
Laura Pipkin
Laura Shoots
Lee Wivell
Requested Party Status:
Michael Alexander
Requested Party Status:
Brant Ehnes
Requested Participant Status:
Angela Bout
Requested Participant Status:
Carly Northey
Requested Participant Status:
Deanna Poechman
Requested Participant Status:
Donna and Dennis McKinna
Requested Participant Status:
Kostiantyn Kumynskyi
Requested Participant Status:
Mark and Krista Arndt
Requested Participant Status:
Norma Cavan and Tom Isotamm
Requested Participant Status:
Robert and Heather Ruttan
Requested Participant Status:
Ronald, Jennifer and Emily Walls
Requested Participant Status:
Wayne Fyffe