Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: May 08, 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.

Applicant/Appellant: North Arthur Developments Inc. Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To facilitate the development of a residential and mixed-use subdivision Reference Number: ZBA 011-2021 Property Address: (Lots 76, 77, 78, 100, 101, 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 subsection 22(7) of the Planning Act, R.S.O.1990, c. P. 13, as amended.

Applicant/Appellant: North Arthur Developments Inc. 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 OLT Case Name: North Arthur Developments Inc. v. Wellington (County)

Heard: April 26, 2024, by Video Hearing

APPEARANCES:

Parties North Arthur Developments Inc. County of Wellington Township of Wellington North Tribute/Sorbara Arthur Holdings Inc.

Counsel J. Alati, G. O’Brien D. Neligan, J.G. Pappas (in absentia) E. Barz C. Barnett (in absentia)

MEMORANDUM OF ORAL DECISION DELIVERED BY STEVEN T. MASTORAS ON APRIL 26, 2024 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1The matter before the Tribunal was scheduled as a second 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”). There is now a Motion to Dismiss (“Motion”) the matter from the Municipalities (collectively the “Moving Party”) before the Tribunal.

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. 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 ZBA Application is to rezone the Subject Lands in the Township’s Zoning By-law 66-01 (“ZBL”) 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).

STATUS REQUESTS UPDATE

6A previous Party status request was received the day of the first CMC from Aaron Armstrong, a principal with Teeswater Concrete (“TC”), who was present by mobile connection before the Tribunal, who advised that Counsel on behalf of TC was unable to attend this CMC. The Tribunal directed that TC’s status request be held in abeyance again, pending consideration of the Motion and the possible adjournment of the matter.

MOTION TO DISMISS

7The Tribunal received the Motion on April 12, 2024, from the Moving Party, requesting the Tribunal dismiss the Appeals.

8The Applicant (“Respondent”) requests that the Tribunal deny the Moving Party’s request, and instead, administratively close the Appeals until at least Monday, June 17, 2024, at which point, any of the Parties may contact the Tribunal to request that the Appeals be re-opened or dismissed.

9The Parties were canvassed in a preliminary fashion on whether they were prepared to have the Motion heard at this Hearing, or whether an adjournment to a further CMC would be more appropriate. Consistent with the Decision of the first CMC (para. [21]), and based on submissions from all the Parties, the Tribunal determined and directed that a further hearing date for a CMC/Motion is scheduled on Thursday, July 11, 2024, at 10:00 a.m. by Video Hearing.

10Parties 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:

GoToMeeting: https://global.gotomeeting.com/join/709076365

Access Code: 709-076-365

11Parties 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

12Persons 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 as indicated above.

13Individuals 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.

14All Parties were also advised that the Tribunal would consider further submissions and evidence, if deemed necessary, following an update to any new changes to legislation referenced in some of the submissions prior to this CMC.

15The Parties also agreed to provide the Case Coordinator with an update on the status of the matter at their earliest opportunity after Monday, June 17, 2024, and the Tribunal further directs that this update be provided no later than Monday, July 8, 2024.

ORDER

16THE TRIBUNAL ORDERS that:

a) The date and particulars of the further Case Management Conference/Motion are set out above; and

b) The directions in this Decision are so ordered.

17The Member is seized on this matter.

18There will be no further notice.

“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.