Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 24, 2023
CASE NO(S).: OLT-22-002345
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant: Haley's Elevator Inc.
Subject: Application to amend the Zoning By-law – Refusal of application
Description: To change the zoning Agricultural (A) to Holding Provision - Suburban Residential (h-SR)
Reference Number: ZBA23-21-DN
Property Address: 29 Thirteenth Concession Road
Municipality: Brant/Brant
OLT Case No: OLT-22-002345
OLT Lead Case No: OLT-22-002345
OLT Case Name: Haley’s Elevator Inc. v. Brant (County)
Heard: September 20, 2023 by Video Hearing
APPEARANCES:
Parties
Counsel
Haley’s Elevator Inc.
Courtney Boyd
County of Brant
Rochelle Welchman
DECISION DELIVERED BY KURTIS SMITH AND ORDER OF THE TRIBUNAL
Link to Order
INTRODUCTION
1This Decision and Order pertains to the proposed rezoning of vacant agricultural lands owned by Haley’s Elevator Inc. (“Haley”) within the designated Secondary Settlement of the Village of Scotland in the County of Brant (“Brant”).
2The Hearing was previously scheduled to commence in August of 2023 for three days to hear the merits of the appeal. Ongoing discussions between the Parties resulted in the execution of minutes of settlement to resolve the appeal, thus commencing this Settlement Hearing. The Tribunal received and marked the Affidavit of Service of the Notice of Hearing Event by Viktoria Cermanova as Exhibit 1.
3To support the Zoning By-Law Amendment (“ZBA”), Haley and Brant jointly called Ruchika Angrish, a Registered Professional Planner who has been previously recognized as an expert witness. Upon review of her Curriculum Vitae (Exhibit 2, Page 29) and Acknowledgment of Expert’s Duty Form, Ms. Angrish was qualified on consent by the Tribunal to provide opinion evidence in land use planning.
BACKGROUND
Site Context
4The Subject Property is Municipally known as 29 Thirteenth Concession Road, in the County of Brant. It has a frontage of approximately 1,000 metres (“m”) along Thirteenth Concession Road, an area of approximately 65 hectares (“ha”) of which approximately 33.6 ha are located within the west side of the Secondary Urban Settlement Boundary of the Village of Scotland.
5The Subject Property is currently vacant of buildings or structures and is used for agricultural purposes. The Subject Property and Village of Scotland is currently serviced by private storm water, drinking water and sanitary infrastructure.
6Surrounding the Subject Property is predominantly agricultural to the north, south and west, with the Village of Scotland located to the east.
Application
7The ZBA sought by Haley was the rezoning of a portion of the Subject Property from Agricultural (A) to Holding Provision – Suburban Residential (h-SR).
8The application was deemed complete by Brant and a public meeting was held on July 6, 2021, to present the application for information and receive feedback.
9The Statutory Public Meeting at the Brant Planning and Development Committee was held on January 4, 2022, with Brant Council approving the following staff recommendation on January 25, 2022:
a. Proposal to change the zoning on the remaining portion of the Subject Lands located within the Secondary Settlement Area of Scotland, having an area of 33.6 hectares (83.2 acres) from Agricultural (A) to Holding Provision - Suburban Residential (h-SR) BE REFUSED.
10Haley filed the appeal of Decision on February 11, 2022.
New Official Plan
11During the summer of 2021, Brant released the first draft of the new Comprehensive Review of the Official Plan, contemplating the redesignation of the Subject Property to Agricultural. Following the first iteration of the review, the Subject Property reverted to a residential designation as defined in the 2012 official plan, renaming the designation to “Village Community Lands”. The 2023 Official Plan was adopted on May 30, 2023, and is awaiting Ministerial approval, leaving the original 2012 Official Plan in full force and effect.
Proposed Holding Provisions
12The executed Minutes of Settlement (Exhibit 2, Tab 1) determined that a site-specific Holding Provision (H) is required in conjunction to the rezoning from Agricultural (A) to Suburban Residential (SR).
13The Holding Provision will:
ensure orderly development of lands for future residential development on private services, the 'h-xxx' shall not be removed until the following conditions are completed to the satisfaction of the County:
a. That the applicant attend and participate in a pre-consultation meeting with County staff to determine the applicable applications, reports, studies and plans for any Plan of Subdivision that may be required and would need to be completed to the satisfaction of the County in accordance with any requirements arising from the pre-consultation meeting;
b. That an application for a Plan of Subdivision is submitted to the County and deemed complete, which includes the provision of necessary technical studies, plans and reports as identified by the County through a required pre-consultation meeting;
c. That the Draft Approved Plan of Subdivision demonstrate the implementation of appropriate phasing for development within the context of the existing infrastructure and the established built boundary/built up area, and for servicing specifically, the availability and ability to provide full or partial municipal services (water, sanitary, storm), or an alternative thereto including, but not limited to, private water and wastewater services;
d. That the Draft Approved Plan