Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 09, 2021
CASE NO(S).: PL190003
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: 1290337 Ontario Inc. & 10 Keith Avenue Inc.
Subject: By-law No. 2018-65
Municipality: Town of The Blue Mountains
OMB Case No.: PL190003
OMB File No.: PL190003
OMB Case Name: 1290337 Ontario Inc. et. al. v. The Blue Mountains (Town)
Heard: June 28, 2021 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| 1290337 Ontario Inc. and 10 Keith Avenue Inc. | Al Burton |
| Town of The Blue Mountains | Leo Longo |
MEMORANDUM OF ORAL DECISION DELIVERED BY CARMINE TUCCI ON JUNE 28, 2021 AND ORDER OF THE TRIBUNAL
1The matter before the Tribunal were the appeals filed by 1290337 Ontario Inc. and 10 Keith Avenue Inc. (the “Appellants”) under s. 34(19) of the Planning Act in opposition to the Town of The Blue Mountain’s (“Town”) decision to zone a portion of the Appellants’ property, described as Part of Lots 35 and 36, Concession 10, Parts 32-26, RP 16R3168 and Part 1, RP 16R546, as hazard lands. The Appellants dispute the zoning as hazard lands as inconsistent with the Provincial Policy Statement, 2014 (“PPS”) and as lacking conformity with the Town’s Official Plan (“OP”).
SETTLEMENT HEARING
2The Tribunal was advised prior to the scheduled hearing that the parties had resolved their differences and would be seeking an order of the Tribunal on consent.
3The parties on consent submitted to the Tribunal the Minutes of Settlement.
4The parties further submitted the By-Law Amendment, which will be Attachment 1.
PLANNING OPINION
5The only evidence before the Tribunal is the oral testimony of Miriam Vasni.
6Ms. Vasni was qualified to provide expert land use planning evidence.
7Ms. Vasni provided the Tribunal with an overview of the applications in support of the settlement viva voce.
8Ms. Vasni informed the Tribunal that the Zoning By-law Amendment:
- are consistent with the PPS, 2020;
- conform with the Growth Plan for the Greater Golden Horseshoe;
- conform with the Town’s Official Plan and the County of Grey Official Plan; and,
- are in keeping with the principles of good land use planning.
DECISION
9The Tribunal, having reviewed the amended By-law and having heard the opinion of Ms. Vasni, accepts the uncontroverted expert land use planning evidence provided by the witness. The Tribunal finds that the proposed planning instrument has appropriate regard for the matters of Provincial Interest. The Tribunal also finds that the Zoning By-law Amendment is consistent with the Provincial Policy Statement, conforms to the Growth Plan for Greater Golden Horseshoe, conforms to both the County of Grey and the Town of The Blue Mountain’s Official Plans, and represents good land use planning, in the public interest.
ORDER
10THE TRIBUNAL ORDERS that the appeal against By-law No. 2018-65 of the Town of The Blue Mountains is allowed in part and the Tribunal directs the municipality to amend By-law No. 2018-65 as set out in Attachment 1 to this Order.
“Carmine Tucci”
carmine Tucci
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.
ATTACHMENT 1