Ontario Land Tribunal
Issue Date: July 26, 2024 Case No(s).: OLT-24-000343
Proceeding Commenced Under subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: 2439675 Ontario Inc. and 2439672 Ontario Inc. Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: OPA/ZBA - Permit development of mixed-use towers Reference Number: OPA No. 47 Property Address: 435 King Street North and 450-460 Weber Street North Municipality/UT: Waterloo/Waterloo OLT Case No: OLT-24-000343 OLT Lead Case No: OLT-24-000343 OLT Case Name: 2439675 Ontario Inc. v Waterloo (City)
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: Z-23-07 Property Address: 435 King Street North and 450-460 Weber Street North Municipality/UT: Waterloo/Waterloo OLT Case No: OLT-24-000344 OLT Lead Case No: OLT-24-000343
Heard: July 5, 2024 by Video Hearing
Appearances
| Parties | Counsel |
|---|---|
| 2439675 Ontario Inc. and 2439672 Ontario Inc. | Robert Howe |
| City of Waterloo | Susan Smith |
| The Regional Municipality of Waterloo | Andy Gazzola Fiona McCrae (in absentia) |
| The Club Willowells | Kevin Thompson |
Memorandum of Oral Decision Delivered by C. I. Molinari on July 5, 2024 and Order of the Tribunal
Introduction
1The Tribunal convened a Case Management Conference ("CMC") with respect to appeals filed pursuant to s. 22(7) and 34(11) of the Planning Act ("Act") by 2439675 Ontario Inc. and 2439672 Ontario Inc. ("Appellant") against the City of Waterloo ("City") for its failure to make a decision on Official Plan Amendment ("OPA") and Zoning By-law Amendment ("ZBA") applications ("Applications") within the timeframe prescribed by the Act.
2The purpose of the Applications is to facilitate the development of a multi-building, mixed-use development with a range of residential units in towers ranging from six to 35 storeys, with integrated townhouse units and offices and other commercial uses in the building podiums for the lands known municipally as 435 King Street North and 450-460 Weber Street North ("Subject Property").
Notice
3An Affidavit of Service sworn on June 6, 2024, attesting to the giving of Notice for this proceeding, was marked as Exhibit 1. There were no concerns raised regarding the Notice, and the Tribunal was satisfied that proper notice of this CMC had been provided. In this regard, no further notice is required for the appeals.
Party / Participant Status Requests
4In advance of the CMC, two requests for Party status were received from the following:
- The Regional Municipality of Waterloo ("Region"); and
- The Club Willowells ("Willowells").
5Mr. Gazzola noted that the Region is the approval authority for OPAs to the City's Official Plan and is thus a statutory Party to the OPA appeal, and is a review and commenting agency on the ZBA.
6Mr. Thompson noted that Willowells is a non-profit corporation that owns 40 Blue Springs Drive and the Four Well Ponds ("Ponds") located to the east of the Subject Property across King Street North. He noted that, by registered agreement with the City, Willowells has stewardship of, and is responsible for maintaining, the Ponds. Willowells is therefore concerned with any potential hydro-geological impacts on the Ponds through the development of the Subject Property. He added that Willowells is not opposed to the general intent of the Applications but is seeking Party status to ensure that any impact on groundwater in the area and the Ponds will be satisfactorily addressed.
7The Tribunal also received a request for Participant status from Drewlo Holdings Inc. ("Drewlo"), represented by Leo Longo, with no cited concerns but requesting a right to request Party status should such status be desired in the future. He noted that the Appellant was granted Participant status in an upcoming Merit Hearing for applications appealed by Drewlo under Tribunal file number OLT-24-000074, with the same provision to allow for an elevation to Party status if the need arises.
8With the consent of the Parties, Party status was granted to the Region and Willowells, and Participant status request was granted to Drewlo.
9The Tribunal advised the Parties to ensure that their witnesses address the concerns of the Participant in their evidence.
10There were no additional requests for Party or Participant status during the CMC.
Draft Procedural Order
11The Tribunal was in receipt of a draft Procedural Order ("PO") indicating a 20-day Hearing event with an Issues List ("IL") attached.
12All Parties were in agreement with the draft PO, which was agreed to be finalized at a second CMC.
13The Tribunal requests the Parties to submit a final draft PO with a complete IL to the Case Coordinator by Wednesday, October 30, 2024, for finalization at the CMC as scheduled below.
Next Steps
14The Tribunal engaged the Parties in a discussion about the next steps in the process, which included expectations for a second CMC and details required for a Merit Hearing.
15Mr. Howe requested a second CMC in late October or early November 2024 to finalize the PO and any other preliminary matters to be determined.
16Mr. Howe noted that a 20-day Merit Hearing would be required based on the extent of the issues included in the draft IL. There were no objections to the proposed length of the Merit Hearing by any of the Parties or prospective Parties.
Hearing Events
17At the request of the Appellant, the Tribunal scheduled a second CMC for Wednesday, November 6, 2024, at 10 a.m. by Video Hearing.
18At the request of the Appellant, the Tribunal scheduled a 20-day Merit Hearing commencing on Tuesday, June 17, 2025, at 10 a.m., by Video Hearing through to Wednesday, July 16, 2025, exclusive of Monday, June 30, 2025, and Tuesday, July 1, 2025, on account of the statutory holiday.
19The Video Hearings are scheduled to proceed as follows:
Wednesday, November 6th, 2024 at 10 a.m. (one-day CMC) GoTo Meeting: https://global.gotomeeting.com/join/979388733 Access code: 979-388-733 Audio-only telephone line: (Toll-Free)1-888-299-1889 or +1 (647) 497-9373 Audio-only access code: 979-388-733
Tuesday, June 17, 2025 at 10 a.m. (20-day Merit Hearing) Exception: Note the following dates on which the Tribunal will not be sitting: Monday, June 30, 2025, and Tuesday, July 1, 2025. GoTo Meeting: https://global.gotomeeting.com/join/687587165 Access code: 687-587-165 Audio-only line: (Toll-Free)1-888-299-1889 or +1 (647) 497-9373 Audio-only access code: 687-587-165
20Parties and Participants are asked to log into the Video Hearing at least 15 minutes before the start of the event to test video and audio connections.
21Parties and Participants 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 GoTo Meeting or a web application is available at: https://app.gotomeeting.com/home.html
22Persons 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 the audio-only telephone line.
23Individuals are directed to connect to the event on the assigned dates at the correct times. It is the responsibility of the persons participating in the Hearing events by video to ensure that they are properly connected at the correct time. Questions prior to these hearing events may be directed to the Tribunal's Case Coordinator having carriage of this case.
Mediation
24The Tribunal advised the Parties of the option of Tribunal-led mediation and to contact the Case Coordinator to determine next steps if the need for mediation arises.
Order
25THE TRIBUNAL ORDERS THAT:
a) Party status is granted to the Regional Municipality of Waterloo
b) Party status is granted to The Club Willowells;
c) Participant status is granted to Drewlo Holdings Inc.;
d) A second Case Management Conference will be held by Video Hearing as scheduled above; and
e) A 20-day Merit Hearing will be held by Video Hearing as scheduled above.
26No further notice is required.
27The Member is not seized of this matter.
"C. I. Molinari"
C. I. MOLINARI
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.