Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 9, 2023
CASE NO(S).: OLT-21-001326
PROCEEDING COMMENCED UNDER subsection 17(40) of the Planning Act, R.S.O. 1990, C. P. 13, as amended
Appellant: Capital Paving Inc.
Subject: Failure of Township of Woolwich to announce a decision respecting Proposed Official Plan Amendment No. 3
Municipality: Township of Woolwich Municipal File No.: D09 OPA 3/2019
OLT Lead Case No.: OLT-21-001326
OLT Case No.: OLT-21-001326 OLT Case Name: Capital Paving Inc. v. Woolwich (Township)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant and Appellant: Capital Paving Inc.
Subject: Application to amend Zoning By-law No. ZBA 9/2019 – Neglect or Refusal of application by Township of Woolwich
Existing Zoning: Agricultural (A)
Proposed Zoning: Site-specific Extractive (E) zone
Purpose: To permit a new sand and gravel pit operating above the water table (“Shantz Station Pit”)
Property Address/Description: 1175 Foerster Road, 1195 Foerster Road, 1226 Maryhill Road and 1472 Village View Road
Municipality: Township of Woolwich
Municipal File No.: D15 ZC 9/2019
OLT Case No.: OLT-21-001325
OLT Lead Case No.: OLT-21-001326
PROCEEDING COMMENCED UNDER subsection 11(5) of the Aggregate Resources Act, R.S.O. 1990, c. A. 8, as amended
Referred by: Ministry of Natural Resources and Forestry (MNRF)
Objectors: Bonnie Bryant, Adrianne Ball, et al.
Applicant: Capital Paving Inc.
Subject: Application for a (Class A or B) licence for the removal of aggregate
Property Address/ Description: 1175 Foerster Road, 1195 Foerster Road, 1226 Maryhill Road and 1472 Village View Road
Municipality: Township of Woolwich
OLT Case No.: OLT-22-001992
OLT Lead Case No.: OLT-21-001326
Heard: July 24, 2023, by video hearing
APPEARANCES:
Parties
Counsel
Capital Paving Inc. (Appellant)
David White
Township of Woolwich
Kevin Thompson
Region of Waterloo
Fiona McCrea
Hopewell Creek Residents Association (“HRCA”)
Konstantine Stavrakos
MEMORANDUM OF ORAL DECISION DELIVERED BY D. CHIPMAN ON JULY 24, 2023, AND ORDER OF THE TRIBUNAL
Link to Final Order
INTRODUCTION
1Capital Paving Inc. (“Applicant/Appellant”) intends to develop a new sand and gravel pit operating above the water table on the lands municipally known and legally described as 1175 Foerster Road, 1195 Foerster Road, 1226 Maryhill Road and 1472 Village View Road, Part Lots 81 and 82, German Company Tract, Township of Woolwich (“Township”), Region of Waterloo (“Region”) (“Subject Property”).
2To facilitate its proposed development, the Applicant had applied for the approval of an Official Plan Amendment (“OPA”) to permit the establishment of an above the water table pit outside of a designated Mineral Aggregate Resource Area and a Zoning By-law Amendment (“ZBA”) to rezone the Subject Lands from Agricultural (A) to a site-specific Extractive (E) zone, with a connecting license application (License No. 626421) under the Aggregate Resources Act (“ARA”). The Township failed to make a decision on the applications within the time period specified and thus the Applicant appealed pursuant to subsections 17(40)