Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 11 2023
CASE NO(S).: OLT-23-000362
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Dunsdon Group Ltd
Subject: Application to amend the Zoning By-law – Refusal of application
Description: To permit a retail store as an additional permitted use for the subject property
Reference Number: ZA-22-01
Property Address: Part of Lot 26, Concession 10 North Elmsley
Municipality: Township of Drummond/ North Elmsley
OLT Case No.: OLT-23-000362
OLT Lead Case No.: OLT-23-000362
OLT Case Name: Dunsdon Group Ltd v. Drummond/North Elmsley (Township)
Heard: August 04, 2023 By Video Hearing
APPEARANCES:
Parties
Counsel/Representative*
Dunsdon Group Ltd.
T. Zander (Planner)* for Peter Ghinn *
Township of Drummond/ North Elmsley
L. Robinson (Counsel)
Leena Rahusaar
Self-Represented*
MEMORANDUM OF ORAL DECISION DELIVERED BY A. Sauve ON August 04, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This matter is regarding a site-specific Zoning By-law Amendment (“ZBLA”) application proposing to rezone the property described as Part 1, 27R-8901, Part of Lot 26, Concession 10, North Elmsley. The application proposes to rezone the property from Rural (RU) to Rural Exception (RU-X) to allow a retail store as an additional permitted use for the property. Additionally, the ZBLA would require a minimum 5 m interior side yard width for the north property. On March 28, 2023, the Council of the Township of Drummond/North Elmsley refused the said application.
2The subject property has 37 m of frontage and is 0.5 ha. The subject property is accessed by a shared entrance onto Rideau Ferry Road (County Road 1). The subject property does not currently have any significant vegetation except for wild grasses, as the land appears to have been historically used for agriculture. The subject property borders the Town of Perth boundary, and the Town's sanitary sewer system runs alongside Rideau Ferry Road, and separates the subject property and the Lanark County Support Services (LCSS) property.
3Regarding surrounding land uses, properties to the north are zoned Rural, and single-detached residential dwellings occupy the lots. The Town of Perth owns the abutting lot to the south, and the sanitary sewer system infrastructure is within it. To the south of the Town's property, is a lot zoned Institutional Exception 3. The property is occupied by the Lanark County Support Services (“LCSS”) activity center, which provides support to individuals with developmental disabilities. Lands to the east are vacant. Further to the south of the subject lands, commercial development is within the Township, and industrial development is located within the Town. To the north of the subject lands, within the Town of Drummond, is a medical clinic with a pharmacy and similar uses. A gas station is located on the opposite side of the road from the medical clinic.
PRELIMINARY MATTERS
4Prior to this Case Management Conference (“CMC”) the Tribunal was advised that Mr. Ghinn would not be available to attend due to a family medical emergency. Ms. Tracy Zander, a Land Use Planner employed by Mr. Ghinn, agreed to represent him for this CMC. Ms. Zander will be a witness of Mr. Ghinn’s should this matter proceed to a Hearing. No Parties objected or raised any concerns.
PARTY/PARTICIPANT REQUESTS
5The Tribunal received one Party Status request from Leena Rahusaar, a neighbour, whose sewer line runs across and through the subject property. There is a belief that there is an easement for this sewer line, which had been agreed to by a previous owner of the subject lands. She has also retained a Lawyer to register said easement but not for representation at this Tribunal appeal. Party Status was granted as she appears to have a significant interest in this Appeal and the other Parties consented.
6A Participant Status request was filed by Heidi Bedor who is the Executive Director of LCSS and is representing their interest. The LCSS is a neighbour who has concerns about, among other things, increased traffic. On consent, Ms. Bedor was granted Participant status.
MEDIATION
7The Parties expressed interest in Tribunal led mediation and advised that they will contact the OLT after this CMC to make a request. They advised that mediation had not been prearranged, because they were unsure if any Party Status requests would emerge at the CMC.
SUBSEQUENT CMC / SETTLEMENT HEARING
8The Parties asked for a second CMC date to be scheduled far enough away to allow for said mediation. The Parties advised that if mediation was successful, they would contact the OLT, and ask that the second CMC date be converted to a Settlement Hearing.
9A second CMC date was secured for December 13, 2023 at 10 a.m. by video hearing. The Parties will advise the Tribunal in advance if this date is to be converted into a Settlement Hearing.
10If mediation is not successful, the Parties are to submit a draft Procedural Order and Issues List by December 4, 2023.
11Parties 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:
GoTo Meeting: https://global.gotomeeting.com/join/979388733
Access Code: 979-388-733
Audio-only telephone line: +1 (647) 497-9373 or Toll Free: 1-888-299-1889
Audio-only Access Code: 979-388-733
12Parties 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.
13Persons 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: (Toll Free): 1-888-299-1889 or +1 (647) 497-9373. The access codes are mentioned above.
14Individuals 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 CMC Video Hearing 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.
ORDER
15The Tribunal Orders that:
The date and particulars of the subsequent CMC/Settlement Hearing are set out above;
Leena Rahusaar is granted Party Status;
Heidi Bedor is granted Participant Status;
This Member is not seized; and
No further notice will be given.
“A. Sauve”
A. SAUVE
MEMBER
Ontario Land Tribunal
Website: www.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.