Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 05, 2024
CASE NO(S).: OLT-24-000074
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Drewlo Holdings Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit a mixed-use, master-planned community
Reference Number: OPA No. 43
Property Address: 475 & 485 King Street N.
Municipality/UT: City of Waterloo/Region of Waterloo
OLT Case No.: OLT-24-000074
OLT Lead Case No.: OLT-24-000074
OLT Case Name: Drewlo Holdings Inc. v. Waterloo (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Drewlo Holdings Inc.
Subject: Request to amend the Zoning By-law – Failure to adopt the requested amendment
Description: To permit a mixed-use, master-planned community
Reference Number: Z-22-14
Property Address: 475 & 485 King Street N.
Municipality/UT: City of Waterloo/Region of Waterloo
OLT Case No.: OLT-24-000075
OLT Lead Case No.: OLT-24-000074
OLT Case Name: Drewlo Holdings Inc. v. Waterloo (City)
Heard: March 28, 2024 by Video Hearing
APPEARANCES:
Parties
Counsel/Representative
Drewlo Holdings Inc.
Leo Longo
City of Waterloo
Susan Smith
Regional Municipality of Waterloo
Fiona McCrea
The Club Willowells
Kevin Thompson
MEMORANDUM OF ORAL DECISION DELIVERED BY S. DIXON ON MARCH 28, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Decision and Order arises from the first Case Management Conference (“CMC”) held regarding appeals filed by Drewlo Holdings Inc. (“Appellant”) pursuant to s. 22(7) and s. 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended (“Act”), concerning Official Plan Amendment and Zoning By-law Amendment applications (together, “Applications”) for lands known municipally as 475 and 485 King Street North in the City of Waterloo (“Subject Lands”)
2The Applications seek to facilitate the development of a mixed-use, master planned community comprised of residential, commercial and employment uses on the Subject Lands. Council for the City of Waterloo (“City”) failed to make a decision within the statutory timeframes prescribed by the Act and the appeals were filed on that basis.
NOTICE
3The Tribunal was in receipt of an Affidavit of Service sworn by Natalie Hickey on February 21, 2024, which was marked as Exhibit 1. There were no issues with the service of notice for the CMC and as such, no further notice is required.
STATUS REQUESTS
4The Tribunal received three requests for Party Status and one request for Participant Status in advance of the CMC.
5The Regional Municipality of Waterloo (“Region”) requested Party Status given their role as a reviewing and commenting agency, noting that the Subject Lands front onto and will have access from King Street North, it being Regional Road 15 under the jurisdiction of the Region. The request was not opposed by anyone in attendance at the CMC and was granted by the Tribunal.
6The Club Willowells (“Willowells”) owns lands on the east side of King Street North, across from the Subject Lands, including four ponds that are sensitive to surface water and groundwater flows. Willowells does not oppose the proposed development on the Subject Lands but requested Party Status to ensure that any impacts on groundwater flows resulting from the proposed development will be appropriately addressed. The request was not opposed by anyone in attendance at the CMC and was granted by the Tribunal.
72439675 Ontario Inc. and 2439672 Ontario Inc. (“243 Ontario”) own lands in the immediate vicinity of the Subject Lands, located two lots south of same. 243 Ontario have also filed development applications with the City that were recently appealed to the Tribunal. Counsel for 243 Ontario (Robert Howe) noted that, while his clients do not oppose the Appellant’s proposed development, there may be common issues between the two sets of appeals and any scoping of the issues and/or revisions to the Applications may impact the development proposal of 243 Ontario.
8Counsel for the Appellant submitted that granting Party Status to 243 Ontario at this stage may be premature given that the Parties are in the process of scoping their issues and are unclear as to what additional issues, if any, 243 Ontario might have with respect to the Applications. It was further suggested that scheduling a second CMC in June 2024 would provide the Parties with enough time to scope the issues for 243 Ontario’s consideration and allow 243 Ontario time to fully articulate their interest in the Appellant’s appeals.
9On consent of all Parties and 243 Ontario, the Tribunal deferred consideration of 243 Ontario’s Party Status Request until the second CMC (discussed at Paragraph [14], below).
10Finally, 65 Northfield Drive Inc. requested Participant Status as they have a similar multi-tower development proposal proximate to the Subject Lands that is also subject to an appeal before the Tribunal. 65 Northfield Drive Inc. is interested in ensuring that the planning instruments for both sets of appeals are consistent to the extent appropriate. The request was not opposed by anyone in attendance at the CMC and was granted by the Tribunal.
OPPORTUNITIES FOR SETTLEMENT
11The Parties agreed to engage in informal settlement discussions in the hopes of narrowing the issues to be adjudicated. However, it was submitted that it would be premature to request Tribunal-led mediation at this time. Should the Parties find that assistance from the Tribunal will be beneficial, they will contact the Tribunal’s Case Coordinator to commence the formal mediation process.
DRAFT PROCEDURAL ORDER AND ISSUES LIST
12The Tribunal was in receipt of a Draft Procedural Order (“DPO”) and Issues List (“IL”) which were generally acceptable to the Tribunal. However, the Parties noted that they may be able to scope the IL in advance of the second CMC.
13The Tribunal directed the Parties to provide the Tribunal with an updated DPO and IL by no later than Monday, June 3, 2023. 243 Ontario was further directed to provide their issues to the Parties in advance of that date for their consideration.
SECOND CMC
14The Tribunal scheduled a second CMC to address the deferred Party Status Request, to finalise the DPO and IL, and to confirm the anticipated number of hearing dates. The second CMC will be held via Telephone Conference Call (“TCC”) on Thursday, June 6, 2024 at 9:00 a.m.
15Individual(s) are directed to call 416-212-8012 or Toll Free 1-866-633-0848 on the assigned date at the correct time. When prompted, enter the code 4779874 to be connected to the call. It is the responsibility of the person(s) participating in the call to ensure that they are properly connected to the call and at the correct time. Questions prior to the call may be directed to the Tribunal’s Case Coordinator having carriage of this case.
HEARING
16At the request of the Parties, the Tribunal scheduled an 18-day Hearing of the Merits commencing Wednesday, November 20, 2024 at 10:00 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:
GoToMeeting: https://meet.goto.com/943363669
Access Code: 943-363-669
18Parties 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 into an audio-only telephone line: (Toll Free) + 1 888-299-1889 or +1 (647) 497-9373. The access code is 943-363-669.
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 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
21THE TRIBUNAL ORDERS that the following additional Parties are granted Party Status to these proceedings:
a. Regional Municipality of Waterloo; and
b. The Club Willowells.
22THE TRIBUNAL ORDERS that 65 Northfield Drive Inc. is granted Participant Status to these proceedings.
23THE TRIBUNAL ORDERS that the Parties submit an updated Draft Procedural Order and Draft Issues List to the Tribunal by no later than Monday, June 3, 2023.
24There will be no further notice.
25This Member is not seized.
“S. Dixon”
s. dixon
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.