Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 19, 2024
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-23-000242
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-23-000241
OLT Lead Case No: OLT-23-000242
Heard: November 14, 2023 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Quincy Developments (“Applicant/Appellant”) | Alex Ciccone |
| Municipality of Central Elgin (“Municipality”) | Analee J. M. Baroudi |
| County of Central Elgin (“County”) | Nicholas Loeb |
DECISION DELIVERED BY J. DENYES AND D. CHIPMAN AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Case Management Conference (“CMC”) hearing was held to make a determination on a single threshold issue related to an appeal submitted by the Applicant, on an Official Plan Amendment (“OPA”) and a Zoning By-law Amendment (“ZBA”) regarding a proposed change to the “Office Professional” land use designation to a site specific “Residential” land use designation, and a proposed change to the existing “Open Space 1 (“OS1:)” zone in the Township of Yarmouth By-law No.1998 to a site-specific “Residential Zone 1 (R1)” zone to permit the development of a 177-unit high-density development through four-storey (105 units) and a six-storey (72 unit) apartment buildings.
2The threshold issue before the Tribunal, and of which governed the presentation of evidence in this one-day Hearing is:
Should the Subject Lands be re-designated and re-zoned for residential uses where there is already an over-supply of residential lands in the municipality?
3For the reasons that follow, the Tribunal will allow the appeal to move forward to a hearing based on the appeals filed as an OPA, pursuant to s. 22(7) and ZBA pursuant to s.34(11) of the Planning Act (“Act”).
EXHIBITS
4The Tribunal received and recorded all Exhibits to the Hearing, which were identified and assigned an Exhibit number during the Hearing.
NEIGHBOURHOOD CONTEXT
5The Subject Property is municipally known as 410 Sunset Drive in the Municipality of Central Elgin located in Elgin County and is comprised of a vacant two-storey, X-shaped building on a rectangular-shaped parcel of land located at the northwest corner of the Sunset Drive and Karen Street Intersection. The Subject Property has a lot frontage of approximately 87.7 meters