Quincy Developments v. Central Elgin (Municipality), 2023 CanLII 73688

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: August 09, 2023

CASE NO(S).: OLT-23-000241

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Quincy Developments

Subject: Request to amend the Official Plan – Failure to adopt the requested amendment

Description: To facilitate the development of a 177 unit high density residential building

Reference Number: By-law 2767 – OPA

Property Address: 410 Sunset Drive

Municipality/UT: Municipality of Central Elgin

OLT Case No.: OLT-23-000241

OLT Lead Case No.: OLT-23-000241

OLT Case Name: Quincy Developments v. Central Elgin (Municipality)

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Quincy Developments

Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision

Description: To permit an apartment building and medical/dental office uses to maximum height of 6 storeys

Reference Number: By-law 2768 ZBA

Property Address: 410 Sunset Drive

Municipality/UT: Municipality of Central Elgin

OLT Case No.: OLT-23-000242

OLT Lead Case No.: OLT-23-000241

Heard: July 18, 2023

Parties

Counsel

Quincey Developments Alex Ciccone (“Applicant/Appellant”)

Municipality of Central Elgin Analee J. M. Baroudi (“Municipality”)

County of Central Elgin (“County”) Nicholas Loeb

1This was the first Case Management Conference (“CMC”) in relation to appeals by the owner of 410 Sunset Drive (“Subject Property”) in the Municipality of Central Elgin (“Municipality”). Quincey Developments (“Applicant/Appellant”) appealed under subsections 22(7) and 34(11) regarding the refusal of the Municipality on its applications (“Application/s”) for amendments to the Official Plan (“OPA”) and Zoning By-law (“ZBA”).

2The OPA seeks to redesignate the Subject Property from Tier 1 Settlement Area in the County OP and Office Professional in the Municipal OP to “Residential with site-specific policies to permit high-density apartment dwellings and medical/dental uses in the form of maximum height building of 6-storeys”.

3The ZBA would rezone the Subject Property to Residential Zone 1 with site-specific regulations to permit:

an apartment building and medical/dental offices as a permitted land use;
a maximum building height of six/6 storeys;
a residential parking rate of 1.25 spaces per unit; and
an office vehicular parking rate of 1 space per 36 sq. m.

4Overall, the Application would result in the addition of 177 units, including 5 affordable units.

5The Tribunal received a sworn Affidavit of Service dated June 26, 2023, confirming that Notice of this CMC was properly given and is therefore marked as Exhibit 1 this date.

STATUS REQUESTS

6The Panel received one Party Status Request from the County of Central Elgin, (“County”) which is the approval authority for OPAs within its geographic jurisdiction. The County has an interest in both appeals conforming to its upper-tier official plan and a direct interest in the zoning appeal as the lands front onto a highway under its jurisdiction. The County administration building is also a neighbour to the subject lands.

7The Tribunal received and accepted 15 Participant Status Requests from the following:

Rebecca Kapogiannis

Herman and Tina Rohowsky

Howie Clark

Steve & Marianne House

Rex & Rae Marie Robinson

Lauren & Greg Cross

Ken MacLellan

Don & Theresa Toth

Tim & Ann Edmonds

Wendy Nixon

Linda Cline

Carol & Dan Gagen

Elliot Fryer

Glen & Leona Norman

Nick & Julie Visscher

8The Tribunal noted common concerns that were expressed in the statements as related to: water and sewage, traffic, lack of amenities, noise and lack of transit.

9The Parties confirmed to the Tribunal that they do not have any objections to the Status Requests. The Tribunal conferred Party Status to the County and granted Participant Status to all those mentioned above.

10The Tribunal stated that the written statements are now part of the case file and will be made available to the Parties should this matter move forward to a Hearing of the merits, at which time, they will be weighed accordingly in the Decision-making process.

MEDIATION

11At this time, the Tribunal has withheld the offer of Tribunal-led mediation pending the outcome of the 2-day hearing required for the determination of the threshold issues set out below. Once determined, the Tribunal will introduce the possibility of mediation should this matter move to a Hearing of the merits.

PROCEDURAL ORDER, ISSUES LIST and HEARING

12A draft Procedural Order (“PO”) provided in advance of the CMC covered what the Parties addressed as “two threshold issues”. The Parties requested a 2-day Hearing to determine the following threshold issues be held which will determine whether a Hearing of the merits will be needed:

Should the Subject Lands be re-designated and re-zoned for residential uses where there is already an oversupply of residential lands in the municipality?
Would the re-designation and re-zoning of the Subject Lands for residential uses undermine the planned function of other lands that are designated Future Development in section 4.3.6 of the County of Elgin Official Plan, and which are intended to be the next areas for orderly residential growth? The Municipality stated the original applications sought a site-specific exception to the existing Office Professional Designation to permit high density residential uses and medical/dental office uses. The revised OPA Application now seeks a Residential designation. Ms. Baroudi stated this fundamental change in designation warrants the submission of a new application. She also noted no supporting studies to identify whether the land is appropriate for residential development were received with the revised application.

13The Tribunal was asked to set aside two (2) days to address the threshold issues as the decision will render the determination as to whether the revised applications require a new application process and if the lands are appropriate at this time for residential development as the Subject Property outside of the designated residential growth area identified by the Town.

14Based on the information heard and the number of witnesses anticipated to appear, the Panel granted that a 2-day Hearing be set aside for a Decision on the threshold issues. Should the outcome of the 2-day Hearing result in this matter moving forward to a Hearing of the merits, it was determined that in the interest of Tribunal time the Member/Panel be seized as contextual evidence presented at the 2-day Hearing would likely be repetitious at the Hearing of the merits.

15Counsel for the Appellant was given direction to prepare the draft Procedural Order to be submitted to the Case Coordinator two weeks from the issuance of this Decision for Tribunal review and approval.

16The Hearing is scheduled to commence by video on Tuesday, November 14, 2023, at 10 a.m. by Video Hearing.

17Parties and Participants are asked to log in to 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/660145013

Access code: 660-145-013

18Parties 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

19Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling in to an audio-only telephone line: (Toll-Free) 1-888-299-1889 or +1 (647) 497-9373. The access code is as noted above.

20Individuals 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.

21The Tribunal inquired as to whether there were any other matters to be addressed which might assist in the fair, just and expeditious resolution of this matter. The Parties indicated there were none.

ORDER

22The Tribunal Orders its directions and rulings on Participant Status and grants Party Status to the County of Central Elgin the as set out above.

23A Hearing on the threshold issues will commence on Tuesday, November 14, 2023, at 10:00 a.m. by Video Hearing.

24The directions in this Decision are so ordered.

25There will be no further notice.

26This Panel is not seized but remains available through the Case Coordinator should the need arise.

“J. Denyes”

J. DENYES,

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.