Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 09, 2021
CASE NO(S).: PL200610
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 2274581 Ontario Inc.
Subject: Request to amend the Official Plan - Failure of the Township of Wilmot to adopt the requested amendment
Existing Designation: Dry Industrial/Commercial
Proposed Designated: Settlement Residential
Purpose: To permit two residential lots
Property Address/Description: 415082 Queen Street and Cottage Lane
Municipality: Township of Wilmot
Approval Authority File No.: OPA 01/16
OLT Case No.: PL200610
OLT File No.: PL200610
OLT Case Name: 2274581 Ontario Inc. v. Wilmot (Township)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 2274581 Ontario Inc.
Subject: Application to amend Zoning By-law No. 83-38 -Neglect of the Township of Wilmot to make a decision
Existing Zoning: Zone 8 - Commercial
Proposed Zoning: Zone 2 (Residential)
Purpose: To permit two residential lots
Property Address/Description: 415082 Queen Street and Cottage Lane
Municipality: Township of Wilmot
Municipality File No.: ZCA-02/16
OLT Case No.: PL200610
OLT File No.: PL200611
PROCEEDING COMMENCED UNDER subsection 53(14) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 2274581 Ontario Inc.
Subject: Application for Consent - Failure of the Township of Wilmot to make a decision
Purpose: To permit two residential lots
Property Address/Description: 415082 Queen Street and Cottage Lane
Municipality: Township of Wilmot
Municipal File No.: B-02/20
OLT Case No.: PL200610
OLT File No.: PL200612
Heard: September 23, 2021 by Video Hearing
APPEARANCES:
Parties
Counsel
2274581 Ontario Inc.
Jennifer Meader
Township of Wilmot
Eric Davis
Region of Waterloo
Fiona McCrea
MEMORANDUM OF ORAL DECISION DELIVERED BY K.R. ANDREWS ON SEPTEMBER 23, 2021 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The subject property is an undeveloped parcel of approximately 1.19 hectares in size located at the southeast corner of Queen Street and Cottage Lane within the New Dundee Rural Settlement Area (the “Subject Lands”).
22274581 Ontario Inc. (“Apple Homes”) appeals the failure of the Township of Wilmot (“Township”) to adopt a requested Official Plan Amendment (“OPA”), being a change in designation of the Subject Lands from Dry Industrial / Commercial to Settlement Residential.
3Apple Homes also appeals the failure of the Township to make a decision to amend Zoning By-Law No. 83-38 (“By-law 83-38”) as proposed by the ZBA, being a change in zoning of the Subject Lands from Zone 8 (Commercial) to Zone 2 (Residential) to allow the development of two single detached dwellings.
4In addition, Apple Homes appeals the failure of the Township’s Committee of Adjustment to make a decision on the Consent to sever the Subject Lands into two parcels.
5At the outset of the hearing, the parties confirmed that a settlement had been reached whereby the Settlement Residential designation and Zone 2 (Residential) would apply and the granting of the Consent to create a new lot would be given, subject to conditions. The parties confirmed that all of this would only be contingent upon determining a drainage solution for the Subject Lands. The parties confirmed that the impetus for the Settlement is that the Region of Waterloo (“Region”) has filed a petition to the Township in accordance with the Drainage Act.
6In support of the settlement, the parties jointly submitted the evidence of Scott Patterson, a Full Member of the Canadian Institute of Planners and the Ontario Professional Planners Institute and a Registered Professional Planner in the Province of Ontario, who was qualified as an expert in land use planning by the Tribunal.
7It was Mr. Patterson’s uncontroverted opinion that the Tribunal should implement the Settlement. In general terms, Mr. Patterson opined that the Settlement has regard to matters of provincial interest, is consistent with the Provincial Policy Statement (“PPS”), conforms to A Place to Grow - Growth Plan for the Greater Golden Horseshoe (“Growth Plan”), conforms to the Region Official Plan (“ROP”), conforms to the Township Official Plan (“OP”), and generally represents good planning and is in the public interest.
8For the reasons that follow, the Tribunal accepts the opinion of Mr. Patterson and approves the OPA and ZBA as attached hereto as Attachments “A” and “B”, and provisional Consent is given as illustrated in Attachment “C”, subject to the conditions of approval set out in Attachment “D”, all of which will, under the Order, come into force, in accordance with s. 9(2) of the Ontario Land Tribunal Act, 2021 conditional upon the parties confirming with the Tribunal that a drainage solution acceptable to all of the parties has been determined regarding the Subject Lands.
Background
9The Tribunal notes that all of the evidence below was provided by Mr. Patterson.
10The Subject Lands have a frontage of 77.18 metres (“m”) on Queen Street (Regional Road 12) and a flankage of 111.7 m on a private road (Cottage Lane).
11The Subject Lands are presently zoned Zone 8 - Commercial, and are designated Dry Industrial/Commercial in the OP. The surrounding land uses include residential and seasonal residential uses to the north and east, a cemetery to the south, and agricultural uses to the west and north. The Subject Lands are located within 120 m of the Alder Lake Marsh wetland associated with Alder Lake.
12The development proposal (the “Proposal”) is to create two parcels for the development of two single detached dwellings. Access to both lots would be from a common driveway accessed from Queen Street.
13Queen Street is a Regional Road (No. 12) with a designated road allowance of 30.48 m (100 feet (“ft”)). A road widening equal to 15.24 m from the existing centreline is required. Based upon comments from Regional staff, a road widening of 1.82 m is required to be conveyed from the Subject Lands.
14The Subject Lands are designated Dry Industrial/Commercial. The current OP designation does not permit residential uses. As such, the proposed OPA is required to implement the Proposal.
15The Township zoning by-law regulates specific uses in the Dry Industrial/Commercial designation. By-Law 83-38, as amended by By-Law No. 2020-026, identifies the Subject Lands as being zoned “Zone 8” (Commercial). Similar to the current OP designation, residential uses are not permitted in Zone 8. As such, the ZBA is required to implement the Proposal.
The Applications
16In 2015, the OPA and ZBA applications were filed with the Township. The applications requested that the land use designation be changed to Settlement Residential and the zoning be changed to a residential zoning (Zone 2).
17In 2019, the Consent was filed with the Township. The Consent requested the creation of a new lot. The Proposal consists of two single detached dwellings that would each be located on lots created by the severance.
18Each of the proposed dwellings and the lots would be in full compliance with the Zone 2 regulations.
19A Public Meeting was held by the Township regarding the OPA and ZBA on February 8, 2016.
20Comments were received from the public and Grand River Conservation Authority regarding lot grading and drainage.
21Township staff reserved provided a recommendation on the OPA and ZBA at that time. Staff was to return to Township Council with a detailed report and recommendation on the applications at a future date.
22A Township Committee of Adjustment meeting was held on February 20, 2020, in respect of the Consent. The Committee of Adjustment deferred the Consent at that time.
23Both the Township and Region indicated that before the OPA and ZBA could proceed, a recommendation for a municipal drain under the Drainage Act would be required. Until such time as the drainage matters have been satisfactorily addressed, the municipalities determined that the processing of the OPA and ZBA would not progress. Similarly, the Committee of Adjustment determined that the Consent could not proceed until the proposed OPA and ZBA have been approved.
24Apple Homes appealed the OPA, ZBA, and Consent to the Tribunal on November 3, 2020, on the basis of the Township’s failure to make a decision.
Policy Framework
[Planning Act](https://www.canlii.org/en/on/laws/stat/rso-1990-c-p13/latest/rso-1990-c-p13.html), R.S.O. 1990, c. P. 13
25To be successful, the Proposal must have regard for the matters of provincial interest set out in section 2 of the Act. Mr. Patterson opined that the Proposal does so as the development is a well-designed built form on an undeveloped property that has been identified for growth and development, and it represents an orderly and efficient development.
26The Tribunal accepts the above evidence and opinion, and finds that the Proposal has sufficient regard for matters of provincial interest set out in section 2 of the Act for the same reasons.
Provincial Policy Statement
27To be successful, the Proposal must also be consistent with the PPS and conform with provincial plans pursuant to s. 3(5) of the Act.
28Section 1.1.3.1 states that “settlement areas shall be the focus of growth and development.”
29Section 1.1.3.2 states that:
land use patterns within settlement areas shall be based on densities and a mix of land uses which: (a) Efficiently use land and resources [and] land use patterns within settlement areas shall also be based on a range of uses and opportunities for intensification and redevelopment in accordance with the criteria in policy 1.1.3.3, where this can be accommodated.
30Section 1.1.3.6 states that:
new development taking place in designated growth areas should occur adjacent to the existing built-up area and should have a compact form, mix of uses and densities that allow for the efficient use of land, infrastructure and public service facilities.
31Section 1.4.1 states that:
to provide for an appropriate range and mix of housing options and densities required to meet projected requirements of current and future residents of the regional market area, planning authorities shall […] accommodate residential growth […] through residential intensification and redevelopment and, if necessary, lands which are designated and available for residential development.
32Section 1.4.3 states that:
planning authorities shall provide for an appropriate range and mix of housing options and densities to meet projected market-based and affordable housing needs of current and future residents of the regional market […]
33Mr. Patterson opined that the Proposal is consistent with the PPS in accordance with the above provisions as it is a modest level of residential intensification on an undeveloped property that has been identified for growth and development, and it represents an orderly and efficient development.
34The Tribunal accepts the above evidence and opinion, and finds that the Proposal is consistent with the PPS for the same reasons.
A Place to Grow - Growth Plan for the Greater Golden Horseshoe (“Growth Plan”)
35Section 1.2.1 of the Growth Plan establishes guiding principles to “[p]rioritize intensification and higher densities in strategic growth areas to make efficient use of land” and to “[s]upport a range and mix of housing options, including additional residential units and affordable housing to serve all sizes, incomes and ages of households”. Mr. Patterson opined that the Proposal conforms to the Growth Plan as the development promotes these principles.
36The Tribunal accepts the above evidence and opinion, and finds that the Proposal conforms with the Growth Plan for the same reasons.
Region of Waterloo Official Plan (“ROP”)
37The Subject Lands are designated as being within the “Prime Agricultural Area” as per Map 7 – The Countryside of the ROP.
38The Region’s countryside includes a series of smaller Rural Settlement Areas that provide an opportunity for living and working in a rural setting. Most of these areas are serviced by private wells and individual wastewater treatment systems and have limited potential for growth. It is noted that these areas will primarily grow through infill development that is consistent with their rural character and limited infrastructure capacities.
39Section 6.G.1 of the ROP notes that:
Rural Settlement Areas refer to existing smaller settlements, such as villages and hamlets that generally comprise a limited mix of residential, commercial and institutional uses primarily serving the local community. These rural communities provide opportunities for living and working in the countryside, and also play a key role in the economic health and vitality of the townships. Rural Settlement Areas are not identified within this Plan, but will be designated and zoned in Area Municipal official plans and zoning by-laws.
40Section 6.G.6 notes “development applications may be approved provided that any new lots can be appropriately serviced by private wells and individual wastewater treatment systems”.
41While the Subject Lands are located within a Prime Agricultural designation, it is recognized that Rural Settlement Areas will exist in this designation and, in fact, the subject lands are located within the New Dundee Rural Settlement Area.
42Mr. Patterson opined that the Proposal conforms to the ROP as it is an infill development located within the New Dundee Rural Settlement Area, providing a modest increase in housing availability in a compact and compatible way with the surrounding area, that can be appropriately serviced by private wells and individual wastewater treatment systems.
43The Tribunal accepts the above evidence and opinion, and finds that the Proposal conforms with the ROP for the same reasons.
Township of Wilmot Official Plan (“OP”)
44As noted, the Subject Lands are designated Dry Industrial/Commercial. The OP designation does not permit residential uses. As such, the proposed OPA is required to implement the Proposal.
45Mr. Patterson opined that the Proposal will conform to the OP through a new designation of Settlement Residential provided by the OPA, as the land will be utilized for housing while recognizing that growth is limited due to a reliance on private wells and individual wastewater services.
46Section 2.6.2.1 of the OP notes,
The Settlement Residential designation is applied to areas where the predominant use of land is for housing and related residential land uses within Rural Settlement Areas identified in this Plan. The purpose of the Settlement Residential designation is to provide for current and future housing demands in Rural Settlement Areas through mixed forms of residential development.
47Section 2.2.1 of the OP defines Rural Settlement Areas as,
This urban designation identifies the township’s smaller settlement areas that generally comprise a limited mix of land uses servicing primarily the local community. These rural communities are intended to provide opportunities for living and working in the Countryside, and also play a key role in the economic health of the township. Most of the township’s Rural Settlement Areas have historically been developed on private wells and individual wastewater services and will therefore experience limited growth and change in the future.
48Mr. Patterson opined that the Proposal conforms with the OP as the proposed development is consistent with surrounding land uses and recognizes the primary land use in the area is residential. He noted that the future use of the Subject Lands for non-residential uses is not anticipated and the designation reflects the logical development of the property.
49The Tribunal accepts the above evidence and opinion, and finds that the Proposal conforms with the OP for the same reasons as it will be amended by the OPA.
Township of Wilmot Zoning By-Law
50The Subject Lands are subject to the Township By-law 83-38 and is zoned Zone 8 (Commercial). The current zoning does not allow for residential uses as proposed through the Application.
51Mr. Patterson testified that the proposed ZBA seeks to have all of the Subject Lands rezoned to “Zone 2”, being a residential zone of By-Law 83-38, which will allow the proposed development.
52The Tribunal accepts the above evidence and opinion, and finds that the proposed ZBA will support the proposed development of single detached dwellings. The Tribunal further finds that the proposed single detached dwellings will meet all of the performance standards of “Zone 2” of By-Law 83-38.
Consent
53Section 51(24) of the Planning Act establishes the criteria to be reviewed when a consent application is under review. Mr. Patterson opined that the Proposal meets all of these criteria. He noted that it features frontage and access to a public roadway, includes appropriately sized lots, is on land that is suitable for the intended use, all while providing a modest increase to housing availability. Accordingly, he opined that the Proposal has regard for matters of provincial interest and is in the public interest.
54The Tribunal finds the same, and that a plan of subdivision is not required.
Consent Conditions
55The Settlement includes the Conditions of Severance Approval (the “Conditions”) for the creation of the new lot.
56Mr. Patterson opined that the Conditions are reasonable to effect the creation of the new lot and reflect the requirements of the Township and Region, and that the satisfaction of the Conditions may be completed within the legislated timeline.
57The Tribunal finds the same.
Summary
58The Tribunal finds that the proposed OPA, ZBA and Consent, which will allow the development of two single detached dwellings on individual lots, are consistent with the PPS and conform to the Growth Plan as well as the ROP and the OP, as amended by the OPA. The Consent also meets the criteria of s. 51(24) of the Act and the Conditions are appropriate. The Tribunal finds that all of this represents good planning and is in the public interest.
59The Tribunal also finds that the fact that the Region has filed a petition to the Township, in accordance with the Drainage Act, means that a drainage solution is likely imminent. It is therefore appropriate to approve the subject applications on condition that the Tribunal has been notified that a drainage solution has been achieved.
ORDER
60THE TRIBUNAL ORDERS that:
the appeal pursuant to s. 22(7) of the Planning Act is allowed and, subject to the satisfaction of the condition set out in subparagraph (4) below, the Official Plan for the Township of Wilmot is amended as set out in Attachment “A” to this Order;
the appeal pursuant to s. 34(11) of the Planning Act is allowed and, subject to the satisfaction of the condition set out in subparagraph (4) below, Zoning By-Law No. 83-38 is hereby amended as set out in Attachment “B” to this Order. The Tribunal authorizes the municipal clerk of the Township of Wilmot to assign a number to this by-law for record keeping purposes;
the appeal pursuant to s. 53(14) of the Planning Act is allowed, in part, and, subject to the satisfaction of the condition set out in subparagraph (4) below, the provisional consent is to be given, in accordance with the sketch set out in Attachment “C” to this Order, subject to the conditions set out in Attachment “D” to this Order;
The Tribunal’s Orders, as set out in subparagraphs (1) to (3) above, shall not come into force until such time as the Tribunal is notified by the Parties that a drainage solution has been confirmed for the Subject Lands to the satisfaction of all Parties; and,
The Tribunal may be spoken to should any issues arise in respect of the performance of the term imposed as a condition to the Orders coming into force and effect.
“K.R. Andrews”
K.R. ANDREWS
MEMBER
Ontario Land Tribunal
Website: 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.