Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 16, 2024
CASE NO(S).: OLT-23-001059
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Reference Number: ZBA 011-2021
Property Address: (Lots 76, 77, 78, 100, 101, and 102 part of McCord Street McCord's Second Survey, Part Park Lots 1 2 Crown Survey, South Side of Macaulay Street, Part Park Lot 1, Crown Survey, North Side of Domville Street)
Municipality/UT: Wellington North/Wellington
OLT Case No: OLT-23-001059
OLT Lead Case No: OLT-23-001059
OLT Case Name: North Arthur Developments Inc. v Wellington (County)
PROCEEDING COMMENCED UNDER section 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Reference Number: OP-2021-01
Property Address: 510 Eliza Street
Municipality/UT: Wellington North/Wellington
OLT Case No: OLT-23-001062
OLT Lead Case No: OLT-23-001059
Heard: February 12, 2024 by Video Hearing
APPEARANCES:
Parties
Counsel
North Arthur Developments Inc.
G. O’Brien J. Alati (in absentia)
County of Wellington and the Township of Wellington North
D. Neligan
Tribute/Sorbara Arthur Holdings Inc.
C. Barnett E. Barz (in absentia)
memorandum of oral DECISION delivered BY STEVEN T. MASTORAS ON February 12, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The matter before the Tribunal is a first Case Management Conference (“CMC”) relating to an appeal pursuant to sections 34(11) and 22(7) of the Planning Act (“Act”) from the failure of the County of Wellington (“County”) and Township of Wellington North (“Township”), together (“Municipalities”), to make a decision within the statutory timeframe with respect to a Zoning By-law Amendment (“ZBA”) and an Official Plan Amendment (“OPA”), respectively (“Applications” / “Appeals”).
2The Appeals have been filed by North Arthur Developments Inc. (“Applicant” / “Appellant”) regarding the Lots 76, 77, 78, 100, 101, and 102 part of McCord Street McCord's Second Survey, Part Park Lots 1 2 Crown Survey, South Side of Macaulay Street, Part Park Lot 1, Crown Survey, North Side of Domville Street (“Subject Lands”), and properties located at 510 Eliza Street. The Subject Lands are located north of the former railway right-of-way, west of Eliza and Tucker Street, and south of the future Macaulay Street within the Village of Arthur in the Township of Wellington North. The Subject Lands contain two parcels and have a collective area of 14.1 hectares (34.84 acres). The more northern parcel, with access off Eliza Street, is currently occupied by a two-storey industrial building that is a gravel processing operation (2.06 hectares), and the more southern parcel is vacant (12.04 hectares).
3The Applicant owns the lands located north of the former railway right-of-way, west of Eliza and Tucker Street, and south of the future Macaulay Street within the Village of Arthur in the Township. The Subject Lands contain two larger parcels. The south parcel is currently vacant ("North Arthur Lands") and the north parcel, municipally described as 510 Eliza Street, is currently occupied by a two-storey industrial building.
4The Applications have evolved since the original versions filed in March 2021, and currently propose to facilitate the development of a residential and mixed-use subdivision on the Subject Lands, consisting of 155 single detached dwelling units, 57 townhouse dwelling units, a stormwater management pond, and six (6) new public streets. A Draft Plan of Subdivision (“DPS”) application has also been submitted to implement the proposal, which is not presently before the Tribunal.
5The effect of the OPA application is to redesignate the Subject Lands Residential and Highway Commercial – Special Policy in the County of Wellington Official Plan.
6The effect of the ZBA application is to rezone the Subject Lands in the Township’s Zoning By-law from Industrial (M1) and Industrial with a hold (H) (M1) to Residential 1C Exception with a hold (H) (R1C-XXX), Residential 3 Exception with a hold (H) (R3-XXX), and Open Space (OS).
7Both Appeals were administratively consolidated in December 2023 by the Tribunal under Lead Case No. OLT-23-001059.
8The Tribunal was in receipt of a sworn Affidavit of Service dated January 25, 2024, by Keith Marshall, confirming that Notice of this CMC was properly provided and is marked as Exhibit 1.
STATUS REQUESTS
9The Tribunal was in receipt of one written Party Status Request from Chris Barnett and Evan Barz, as co-Counsel on behalf of Tribute/Sorbara Arthur Holdings Inc. (“TSAH”), received on February 6, 2024. TSAH has an interest in 56 hectares located immediately north and northeast of the Subject Lands to these Appeals, located on both sides of Eliza Street, and as directly abutting owners, have indicated that TSAH is supportive of the proposed designations and zones that will permit residential development.
10Counsel for both the Applicant and the Municipalities each advised that there were no concerns or objections associated with this Party Status request, and the Tribunal conferred Party Status to TSAH at the Hearing.
11A second Party Status request was received by the Tribunal on the day of the Hearing from Aaron Armstrong, a principal with Teeswater Concrete (“TC”) who was present by telephone. Mr. Armstrong indicated he had submitted the written request to the Case Coordinator on February 9, 2024, and that his request was the result of his late receipt of the Notice of Hearing for this CMC. Mr. Armstrong disclosed that he has recently signed an Agreement of Purchase and Sale (“APS”) for a portion of the Subject Lands and that, because of the circumstances around timing, he had just recently initiated discussions with his own Counsel, Tom White, to assess the degree of involvement that TC may wish to pursue in this matter before the Tribunal.
12After consulting with Counsel on behalf of the three other Parties, the Tribunal determined that a more appropriate time to consider TC’s request would be at a second CMC, allowing some time for the Parties to scope issues and assist in determining how the Tribunal may wish to proceed with TC at that time. The Tribunal concurred with this approach, and a decision on Mr. Armstrong’s request is held in abeyance until the next scheduled CMC.
13There were no other requests for Party or Participant Status.
14The Parties requested a second CMC Hearing to be scheduled after April 22, 2024, and after careful consideration of this request and the respective calendars of the Parties, the Tribunal has scheduled a second CMC to commence on Friday, April 26, 2024 by video at 10 a.m.
15Parties 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.
https://meet.goto.com/677087597
Access code: 677-087-597
16Parties 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
17Persons 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: 1-888-455-1389 Or + 1 (647)-497-9391.
The Access Code is as indicated above.
18Individuals 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.
BILL 150, Procedural Order and Issues List
19The Tribunal is aware that Bill 150, Planning Statute Law Amendment Act, 2023, which enacts the Official Plan Adjustments Act, 2023 (“OPAA”), received Royal Assent on December 6, 2023.
20Regarding these Appeals, the Tribunal considered some preliminary high-level submissions from Counsel to the Parties with reference to the possible current implications of Bill 150, and some pending decisions expected from the Province in the period following the scheduling of this second CMC.
21The Parties consented to a staggered timetable in advance of the second CMC, allowing for the Municipalities to provide their initial written submissions to the Tribunal regarding the implications and status of Bill 150 on the Appeals on or before April 12, 2024, followed by Reply submissions from the Applicant and TSAH submitted to the Tribunal on or before April 19, 2024.
22It was agreed that what could naturally follow, is the submission of a draft Procedural Order and Issues List (“DPO/IL”) provided by the Applicant in consultation with the other Parties, and for the Tribunal’s consideration on or before April 19, 2024, concurrent with the Applicant’s Reply to Bill 150 for the Tribunal’s consideration.
23The Tribunal concurred with the proposed staggered timetable approach and directed the Parties as stated.
24Finally, the Tribunal was also encouraged by the genuine level of cooperation by the Parties, who were reminded that Tribunal-led mediation was also available if appropriate and with their consent. Furthermore, the Parties were directed to update the Case Coordinator with any new developments relating to the matter that may impact the timing or other considerations at the second CMC, and that may assist in the Tribunal’s deliberations.
ORDER
25THE TRIBUNAL ORDERS that:
a) The date and particulars of the second Case Management Conference are set out above; and,
b) The directions in this decision are so ordered.
26There will be no further notice.
27The Member is not seized on this matter.
“Steven T. Mastoras”
STEVEN T. MASTORAS
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.