Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 13, 2023
CASE NO(S).: OLT-22-004319, OLT-23-000056
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: South Winds Development Co. Inc.
Subject: Application to amend the Zoning By-law - neglect to make a decision
Description: Zoning By-law Amendment to accommodate eight residential lots, amend the boundaries and removal of the public road and replace it with a private entrance.
Reference Number: ZBA-26-2018
Property Address: Part Lot 7 & 8, Concession 1
Municipality/UT: Middlesex Centre/Middlesex
OLT Case No.: OLT-22-004319
OLT Lead Case No.: OLT-22-004319
OLT Case Name: South Winds Development Co. Inc. v. Middlesex Centre (Municipality)
PROCEEDING COMMENCED UNDER subsection 51(43) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: South Winds Development Co. Inc.
Subject: Conditions of approval of draft plan of subdivision
Description: Draft Plan Approval to permit the construction of subsequent phases to include lots and blocks for future development
Reference Number: 39T-MC0902
Property Address: Part of Lots 7 & 8, Concession 1, Part lot 7, BF Concession
Municipality/UT: Middlesex Centre/Middlesex
OLT Case No.: OLT-23-000056
OLT Lead Case No.: OLT-22-004319
Heard: April 21, 2023 by Video Hearing
APPEARANCES:
Parties
Counsel
County of Middlesex Municipality of Middlesex Centre Southwinds Development Co. Inc.
W. Meaghar P. Lombardi K. Mullin K. Pirak B. Artus (Articling Student)
MEMORANDUM OF ORAL DECISION DELIVERED BY W. DANIEL BEST AND S. MANN ON APRIL 21, 2023 AND ORDER OF THE TRIBUNAL
1The Tribunal convened the second Case Management Conference (“CMC”) for the above noted matter. South Winds Development Co. Inc. (“South Winds”) has filed an appeal against the Municipality of Middlesex Centre (“Municipality”) for failing to make a decision for a Zoning By-law Amendment (“ZBA”) pursuant to s. 34(11) of the Planning Act. The property is known municipally as Part Lot 7 and 8, Concession 1, in the Municipality (“Subject Lands”).
2The proposed ZBA would establish the ‘Urban Residential First Density’ (UR1) zone with Holding Symbol (H1) on a 0.859 hectares corridor of land fronting Edgewater Boulevard previously identified as Block 158. These lands would accommodate eight residential lots. The ZBA further proposes to amend the boundaries of the current ‘Urban Residential First Density’ (UR1), Open Space (OS), and ‘Urban Residential Second Density’ (UR2) zone with Holding Symbol (H1) that were part of the previously approved redline revision. Lastly, adjust the zoning of the boundary for the entrance to Block 244. This is to reflect the removal of the public road and replace it with a private entrance to the multiple residential block. As such, the zoning is to be changed to ‘Urban Residential First Density’ (UR1) with Holding Symbol (H1) to align with the balance of the Block.
3South Winds has also filed an appeal against the County for failing to make a decision regarding its Phase Two Application for draft plan approval pursuant to s. 51(34) of the Planning Act.
4On March 6, 2012, the County of Middlesex (“County”) granted draft plan approval for a residential subdivision on the Subject Lands, contemplated to be undertaken in five phases, consisting of approximately 136 single-detached lots, seven blocks for future residential development, a stormwater management (“SWM”) facility, and blocks for parkland, a trail, and an access road.
5There have been numerous red-line revisions to the approved draft plan and as of April 20, 2022, following feedback from the County, South Winds submitted the latest revision to the Phase Two Application to the County to combine a previously submitted minor redline amendment with the ongoing major redline amendment. This latest version of the Phase Two Application would result in the creation of 123 single-detached lots, three lots for future residential development, and blocks for a multi-use trail, 0.3 metre reserve and a temporary construction road