WELLINGTON NORTH – The Ontario Land Tribunal has made an order overriding Wellington North council’s vote last year against rezoning land in north Arthur to allow the construction of a single detached home.
The county’s land committee approved severing three acres from a 45.5-acre triangular chunk of vacant farmland just south of Wilders Kennel and Dog Training and at the edge of Arthur’s urban boundary.
But that approval was reliant on the township rezoning the land.
Speaking at a public meeting about the severance in December 2022, Paul Levine — who owns the land with Lindsay Ellis — told council the land is “always going to be separated” regardless because of water, trees and rough land.
Levine and Ellis were likely hoping the severance and subsequent rezoning would be bureaucratic measures to get out of the way before they could build a home on their land.
“It’s basically a piece of family property; it’s been in our family for 50 years,” Levine told council in 2022.
However council wanted to see higher-density housing in the area, and denied the rezoning in a 4-1 vote.
Levine and Ellis appealed council’s decision to the Ontario Land Tribunal (OLT) last summer, and an order was made late last year overruling council’s decision.
In a written decision from OLT member Simranjeet Mann, the tribunal sided with Levine and Ellis’ evidence, and stated rezoning the land “represents good planning, and is in the public interest.”
The proposed development considers the protection of the Farley Creek tributary running through the property, and still leaves nearly 43 acres available for future development.
“The proposed development of the single dwelling at this time does not restrict the future development of the subject property … at a density greater than the minimum of 40 people per hectare, as stated in the [county’s Official Plan],” the order states.
The order goes on to state Levine and Ellis have proposed development in a way that will lead to “minimum impact on the surrounding lands in the most suitable location.”
Although Mann’s decision is now in effect, a final order has been withheld as the tribunal awaits a rezoning bylaw to be submitted for review.
As of Jan. 4, that bylaw hadn’t yet been submitted prior to a deadline of March 1.
