Zoning by-law amendment for townhouse development approved in principle based on settlement agreement.
The applicant appealed the Town's failure to make a decision on a zoning by-law amendment application to rezone the subject lands from commercial to residential to facilitate the development of 15 townhouse dwellings.
The parties reached a settlement wherein the applicant agreed to file a new application for commercial development on a different block to offset the loss of commercial zoning.
Based on uncontroverted expert planning evidence, the Tribunal found the proposed amendment consistent with provincial policies and in conformity with applicable official plans.
The appeal was allowed in part and the amendment approved in principle, with the final order withheld pending the new commercial application being deemed complete.
Bradford Capital Holdings Inc. v. Bradford West Gwillimbury (Town), 2023 CanLII 50948