Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE:

November 24, 2021

CASE NO(S).:

PL210081

PROCEEDING COMMENCED UNDER subsection 17(40) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant:

1494282 Ontario Inc.

Subject:

Failure of the City of Peterborough to announce a decision respecting Proposed Official Plan Amendment No. 01904

Municipality:

City of Peterborough

LPAT Case No.:

PL210081

LPAT File No.:

PL210081

LPAT Case Name:

1494282 Ontario Inc. V. Peterborough (City)

Heard:

October 27, 2021 by video hearing (“VH”)

APPEARANCES:

Parties

Counsel

1494282 Ontario Inc.

John Ewart

City of Peterborough

Alan Barber

MEMORANDUM OF ORAL DECISION DELIVERED BY K.R. ANDREWS ON October 27, 2021 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This is the first Case Management Conference (“CMC”) respecting an appeal by 1494282 Ontario Inc. (the “Applicant/Appellant”) following the City of Peterborough’s neglect/failure to render a decision respecting an Official Plan Amendment and Zoning By-law Amendment to permit high density mixed-use commercial/residential development consisting of 118 units.

2At the outset of the hearing, counsel for the City confirmed that it did not intend to participate in the proceedings but may yet choose to participate as of right. Should the City reconsider its position it shall provide sufficient notice to the Tribunal in a timely manner.

Service of Notice of CMC

3There was no issue with service of the Notice of this CMC, and so no further notice is required. The Tribunal was in receipt of two Affidavits of Service, an original and a subsequent Affidavit of Service to indicate a change in the start time of the CMC, which were marked as Exhibits 1 and 2 respectively.

Requests for Status

4On consent of the parties, the Tribunal granted Don Thom and Jill Smallwood participant status. Both are neighbouring residents who individually expressed various concerns about the proposed development.

MEDIATION AND SETTLEMENT

5Given that the City does not intend to participate, there is no prospect of settlement.

PROCEDURAL ORDER AND ISSUES LIST

6Given that the City does not intend to participate, the Appellant is in a position to unilaterally submit a draft Procedural Order and Issues list. However, the Tribunal encouraged the Appellant to canvass the two participants first, to potentially work their concerns into the draft. Counsel for the Appellant agreed, and the participants agreed to provide their participant statements to the Appellant by Monday November 1, 2021. Counsel for the Appellant agreed to provide a revised draft Procedural Order and Issues List, taking into account the participants statements, to the Tribunal by November 5, 2021.

7The Tribunal received and reviewed the draft Procedural Order and Issues List from the Appellant and finds it acceptable (see Schedule 1). The proceedings shall be governed by it. The Tribunal notes that the Participants have until the date shown on the Draft Procedural Order to submit any revised participant statements.

HEARING

8Upon request of the Appellant, the Tribunal set a one-day hearing commencing on Thursday, January 20, 2022 at 10 a.m. by VH. The one-day hearing is deemed sufficient given the intention of the City to not participate. No further Notice is required for the hearing.

9Parties and participants are asked to log into the VH at least 15 minutes before the start of the event to test their video and audio connections:

https://global.gotomeeting.com/join/233110309

Access Code: 233-110-309

10Parties 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 GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html.

11Persons 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 an audio-only telephone line: Toll-Free 1 888 299 1889 or +1 (647) 497-9373. The Access Code is as indicated above.

12Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the VH to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.

ORDER

13The Tribunal Orders that:

1. The date and particulars of the hearing are set out above;

2. The Procedural Order appended as Schedule 1 shall govern the proceedings;

3. Don Thom and Jill Smallwood are granted Participant status; and

4. The Member is not seized but may be spoken to through the Case Coordinator if any issues arise.

“K.R. Andrews”

K.R. ANDREWS

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.

SCHEDULE 1

ISSUE DATE: CASE NO(S).: PL210081

PROCEEDING COMMENCED UNDER subsection 17(40) of the Planning Act, R.S.O. 1990, c.P.13, as amended

Appellant: 1494282 Ontario Inc.

Subject: Failure of the City of Peterborough to announce a decision respecting Proposed Official Plan Amendment No. O1904

Municipality: City of Peterborough

OLT Case No.: PL210081

OLT File No.: PL210081

OLT Case Name: 1494282 Ontario Inc. v. Peterborough (City)

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c.P.13, as amended

Applicant/ Appellant: 1494282 Ontario Inc.

Subject: Application to amend Zoning By-law No. 1997-123 – Neglect of the City of Peterborough to make a decision

Existing Zoning: SP.268-244 Special District (Commercial)

Proposed Zoning: SP.-Special District (Residential)

Purpose: To permit high density mixed-use

commercial/residential development consisting of

118 Units

Property Address/Description: 1597,1607,1619 & 1633 Lansdowne St. W.

Municipality: City of Peterborough

Municipality File No.: Z1913

OLT Case No.: PL210081

OLT File No.: PL210082

PROCEDURAL ORDER

1. The Tribunal may vary or add to the directions in this procedural order at any time by an oral ruling or by another written order, either on the parties’ request or its own motion.

Organization of the Hearing

2. The video hearing will begin on JANUARY 20, 2022 AT 10:00 A.M.

3. The parties’ initial estimation for the length of the hearing is 1 day. The parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues where possible.

4. The parties and participants identified at the case management conference are set out in Attachment 1 (see the sample procedural order for the meaning of these terms).

5. The issues are set out in the Issues List attached as Attachment 2. There will be no changes to this list unless the Tribunal permits, and a party who asks for changes may have costs awarded against it.

6. The order of evidence shall be as set out in Attachment 3 to this Order. The Tribunal may limit the amount of time allocated for opening statements, evidence in chief (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on the parties’ consent, subject to the Tribunal’s approval, or by Order of the Tribunal.

7. Any person intending to participate in the hearing should provide a mailing address, email address and a telephone number to the Tribunal as soon as possible – ideally before the case management conference. Any person who will be retaining a representative should advise the other parties and the Tribunal of the representative’s name, address, email address and the phone number as soon as possible.

8. Any person who intends to participate in the hearing, including parties, counsel and witnesses, is expected to review the Tribunal’s Video Hearing Guide, available on the Tribunal’s website.

Requirements Before the Hearing

9. A party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal and the other parties a list of the witnesses and the order in which they will be called. This list must be delivered on or before November 25, 2021(date – 55 days prior to the hearing date) and in accordance with paragraph 22 below. A party who intends to call an expert witness must include a copy of the witness’ Curriculum Vitae and the area of expertise in which the witness is prepared to be qualified.

10. Expert witnesses in the same field shall have a meeting on or before December 31, 2021 (date) and use best efforts to try to resolve or reduce the issues for the hearing. Following the experts’ meeting the parties must prepare and file a Statement of Agreed Facts and Issues with the OLT case co-ordinator on or before N/A (date – at least 15 days prior to the start of the hearing).

11. An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the hearing. Copies of this must be provided as in paragraph 13 below. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert’s testimony.

12. Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement; but the party calling them must file a brief outline of the expert’s evidence as in paragraph 13 below. A party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence, as in paragraph 13 below.

13. On or before N/A (date – a minimum of 38 days before the hearing date), the parties shall provide copies of their [witness and] expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 22 below.

14. On or before December 10, 2021 (date – a minimum of 38 days before the hearing date), a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 22 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.

15. On or before N/A (date), the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 22 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.

16. Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence within fourteen (14) days after the evidence is received and in accordance with paragraph 22 below.

17. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before January 5, 2022 (date – no later than 10 days prior to the hearing).

18. Any documents which may be used by a party in cross examination of an opposing party’s witness shall be password protected and only be accessible to the Tribunal and the other parties if it is introduced as evidence at the hearing, pursuant to the directions provided by the OLT case co-ordinator, on or before N/A (date).

19. A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. See Rule 10 of the Tribunal’s Rules with respect to Motions, which requires that the moving party provide copies of the motion to all other parties 15 days before the Tribunal hears the motion.

20. A party who provides written evidence of a witness to the other parties must have the witness attend the hearing to give oral evidence, unless the party notifies the Tribunal at least 7 days before the hearing that the written evidence is not part of their record.

21. The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before January 10, 2022 with a proposed schedule for the hearing that identifies, as a minimum, the parties participating in the hearing, the preliminary matters (if any to be addressed), the anticipated order of evidence, the date each witness is expected to attend, the anticipated length of time for evidence to be presented by each witness in chief, cross-examination and re-examination (if any) and the expected length of time for final submissions. The parties are expected to ensure that the hearing proceeds in an efficient manner and in accordance with the hearing plan. The Tribunal may, at its discretion, change or alter the hearing plan at any time in the course of the hearing.

22. All filings shall be submitted electronically and in hard copy. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10MB in size, or as otherwise directed by the Tribunal. The delivery of documents by email shall be governed by the Rule 7.

23. No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal’s Rule 17 applies to such requests.

This Member is [not] seized.

So orders the Tribunal.

BEFORE:

Name of Member:

Date:

TRIBUNAL REGISTRAR

LPAT Case No. PL210081

LPAT File No. PL210082

ATTACHMENT 1

PARTIES

1. 1494282 Ontario Inc.

2. Peterborough (City) (Not expected to participate)

PARTICIPANTS

1. Jill Smallwood

2. Donald Thom

LPAT Case No. PL210081

LPAT File No. PL210082

ATTACHMENT 2

Issues List for Hearing

OLT File/Case No.: PL210081 and PL210082 (Peterborough)

Analysis

2020 Provincial Policy Statement (2020 PPS)

The following is a summary of the applicable Sections of the 2020 PPS as it would pertain to the OPA and ZBLA Applications:

Policy/Section

Title - Details

Table of Contents

1.1

Healthy, liveable and safe communities are sustained by:

a) promoting efficient development and land use patterns which sustain the financial well-being of the Province and municipalities over the long term;

b) accommodating an appropriate range and mix of residential (including second units, affordable housing and housing for older persons), employment (including industrial and commercial), institutional (including places of worship, cemeteries and long-term care homes), recreation, park and open space, and other uses to meet long-term needs;

c) avoiding development and land use patterns which may cause environmental or public health and safety concerns;

d) avoiding development and land use patterns that would prevent the efficient expansion of settlement areas in those areas which are adjacent or close to settlement areas;

1.1.3

Settlement Areas

1.1.3.1 Settlement areas shall be the focus of growth and development, and their vitality and regeneration shall be promoted.

1.1.3.2 Land use patterns within settlement areas shall be based on:

a. efficiently use land and resources;

b. are appropriate for, and efficiently use, the infrastructure and public service facilities which are planned or available, and avoid the need for their unjustified and/or uneconomical expansion;

1.6.6

Sewage, Water and Stormwater

1.6.6.1

Planning for sewage and water services shall:

a) accommodate forecasted growth in a manner that promotes the efficient use and optimization of existing:

1. municipal sewage services and municipal water services;

1.6.6.2

Municipal sewage services and municipal water services are the preferred form of servicing for settlement areas. Intensification and redevelopment within settlement areas on existing municipal sewage services and municipal water services should be promoted, wherever feasible.

2020 A Place to Grow- Growth Plan for the Greater Golden Horseshoe (2020 Growth Plan)

The following is a summary of the applicable Sections of the 2020 Growth Plan as it would pertain to the OPA and ZBLA Applications:

Policy

Title – Details

1.2.1

Guiding Principles

The successful realization of this vision for the GGH centres on effective collaboration amongst the Province, other levels of government, First Nations and Métis communities, residents, private and non-profit sectors across all industries, and other stakeholders. The policies of this Plan regarding how land is developed, resources are managed and protected, and public dollars are invested are based on the following principles:

• Support the achievement of complete communities that are designed to support healthy and active living and meet people’s needs for daily living throughout an entire lifetime.

• Prioritize intensification and higher densities in strategic growth areas to make efficient use of land and infrastructure and support transit viability.

• Provide flexibility to capitalize on new economic and employment opportunities as they emerge, while providing certainty for traditional industries, including resource-based sectors.

• Support a range and mix of housing options, including second units and affordable housing, to serve all sizes, incomes, and ages of households.

• Improve the integration of land use planning with planning and investment in infrastructure and public service facilities, including integrated service delivery through community hubs, by all levels of government.

• Provide for different approaches to manage growth that recognize the diversity of communities in the GGH.

• Protect and enhance natural heritage, hydrologic, and landform systems, features, and functions.

• Support and enhance the long-term viability and productivity of agriculture by protecting prime agricultural areas and the agri-food network.

• Conserve and promote cultural heritage resources to support the social, economic, and cultural well-being of all communities, including First Nations and Métis communities.

• Integrate climate change considerations into planning and managing growth such as planning for more resilient communities and infrastructure – that are adaptive to the impacts of a changing climate – and moving towards environmentally sustainable communities by incorporating approaches to reduce greenhouse gas emissions.

1.2.2

Legislative Authority

This Plan is issued under the authority of section 7 of the Places to Grow Act, 2005. It was approved through an Order in Council under that Act to come into effect on May 16, 2019. This Plan replaces the Growth Plan for the Greater Golden Horseshoe, 2017 that took effect on July 1, 2017.

Read the Entire Plan

This Plan is to be read in its entirety and the relevant policies are to be applied to each situation. The language of each policy, including the policies in Section 5, will assist decision-makers in understanding how the policies are to be implemented.

While some policies refer to other policies for ease of use, these cross-references do not take away from the need to read the Plan as a whole. There is no implied priority in the order in which the policies appear.

2.2

Policies for Where and How to Grow

2.2.1 Managing Growth

1. Population and employment forecasts contained in Schedule 3 will be used for planning and managing growth in the GGH to the horizon of this Plan in accordance with the policies in subsection 5.2.4.

2. Forecasted growth to the horizon of this Plan will be allocated based on the following:

b) growth will be limited in settlement areas that:

i. are rural settlements;

c) within settlement areas, growth will be focused in:

i. delineated built-up areas;

ii. strategic growth areas;

iii. locations with existing or planned transit, with a priority on higher order transit where it exists or is planned; and

iv. areas with existing or planned public service facilities;

d) development will be directed to settlement areas, except where the policies of this Plan permit otherwise;

4. Applying the policies of this Plan will support the achievement of complete communities that:

a) feature a diverse mix of land uses, including residential and employment uses, and convenient access to local stores, services, and public service facilities;

b) improve social equity and overall quality of life, including human health, for people of all ages, abilities, and incomes;

c) provide a diverse range and mix of housing options, including second units and affordable housing, to accommodate people at all stages of life, and to accommodate the needs of all household sizes and incomes;

City Official Plan

The following is a summary of the applicable Sections of the City Official Plan as it would pertain to the OPA and ZBLA Applications:

Policy

Title - Detail

2.1

GOALS AND OBJECTIVES

Council adopts the following goals and objectives for the Corporation of the City of Peterborough:

2.1.2 ADEQUATE areas of land use or LAND DEVELOPMENT OPPORTUNITY shall be made available throughout the city to provide for the needs of all citizens of the City of Peterborough. The distribution of land use development shall provide an EQUITABLE ALLOCATION of employment opportunity, recreational opportunity and retail and service opportunity within close proximity to residential areas.

2.1.7

RESIDENTIAL development shall endeavour to make ADEQUATE ACCOMMODATION available to all socio-economic groups at an affordable price and to integrate a variety of forms and costs of housing. The location of housing shall be co-ordinated with community facilities such as transportation routes, parks and open space, retail shopping areas, recreation facilities, schools and other private and public facilities.

2.4

GROWTH MANAGEMENT STRATEGY

2.4.1

GROWTH MANAGEMENT GOAL

Provide for the efficient use of urban land resources through the planning of appropriate greenfield development, intensification and redevelopment opportunities and provision of adequate densities and mix of land uses that promote a compact urban form.

2.4.2

GROWTH MANAGEMENT OBJECTIVES

a) Plan to achieve a minimum density of 50 persons and jobs per hectare for Designated Greenfield Areas and 150 persons and jobs per hectare for the Urban Growth Centre.

b) Encourage intensification of people and jobs in the Urban Growth Centre, within intensification areas, and along intensification corridors.

c) Encourage new development in existing built up areas to have a compact form, and an appropriate mix of uses and densities that allow for the efficient use of land, infrastructures and public service facilities.

f) Encourage the reuse and/or conversion of greyfields and underutilized sites.

2.4.3

GENERAL

2.4.3.1

Peterborough’s location, at the eastern edge of the Greater Toronto Area, is subject to comparatively less growth pressure than municipalities in more proximate locations to Toronto and is forecast to have lower rates of growth. In accordance with the Provincial Growth Plan for the Greater Golden Horseshoe, the City of Peterborough is forecast to reach a population of 88,000 by 2031 with employment of 42,000, as agreed with the County of Peterborough. This is a projected 20% growth in population and 13.5% increase in employment from 2001. These forecasts will be used as the basis for planned growth within the City and will be reviewed and revised on a five-year basis in accordance with local and Provincial requirements without an amendment to this Plan.

2.4.3.3

In accordance with the goals and objectives of Sections 2.4.1 and 2.4.2, the City will continue to develop as a complete community and will place increasing reliance on intensification to optimize the use of land and infrastructure while providing an inclusive range of housing, employment, and transportation alternatives that will enable residents to enjoy accessible opportunities to work, shop, or enjoy leisure activities and open space amenities that are close to home.

2.4.4

BUILT BOUNDARY

2.4.4.1 A significant portion of future growth will be directed to areas within the Built Boundary of the City, through infill or appropriate intensification, in locations where infrastructure capacity exists or can be readily improved, and where additional development can be compatibly integrated with existing built form, land use patterns, natural heritage features and natural hazards. Higher levels of intensification will be directed to Intensification Corridors and Major Transit Station Areas, as illustrated on Schedule A-1.

2.4.4.2

Each year, between 2015 and 2031, a minimum of 40 per cent of housing units approved in Peterborough will be targeted for sites within the Built Boundary shown on Schedule A-1. Intensification will be particularly encouraged to locate within the portion of the City’s Central Area defined as the Urban Growth Centre, along identified Intensification Corridors and Major Transit Station Areas as illustrated on Schedule A-1, and in planned Intensification Areas determined by the City and identified on Schedule A-1 by amendment to this Plan.

2.4.4.3

For Intensification Corridors and Intensification Areas, illustrated on Schedule A-1, Secondary plans will be developed that will address:

a) an appropriate range and mixture of land uses;

b) achievement of transit supportive densities;

c) accessible and affordable housing and mixed-use developments;

e) land use transition and urban design policies to protect the stability or amenity of neighbouring areas of lower residential density;

2.4.11

Infrastructure and Public Service Facilities

2.4.11.1

Infrastructure and public service facilities shall be provided in a coordinated, efficient and cost-effective manner to accommodate projected needs.

2.4.11.2

The use of existing infrastructure and public service facilities should be optimized, wherever feasible, before consideration is given to developing new infrastructure and public service facilities.

2.4.12

Sewage and Water

2.4.12.1

Planning for sewage and water services shall:

a) direct and accommodate expected growth in a manner that promotes the efficient use of existing municipal sewage services and municipal water services; and

b) ensure that these systems are provided in a manner that:

i. can be sustained by the water resources upon which such services rely; and

v. integrate servicing and lands use considerations at all stages of the planning process.

4.2

Residential

4.2.1 General

4.2.1.1 Purpose

The Residential designations provide areas for housing and other land uses that are integral to, and supportive of, a residential environment.

Housing may take many forms ranging in density and scale from single detached homes to high-rise apartment buildings, and therefore three residential designations – Low Density Resident, Medium Density Residential and High Density Residential are provided.

4.2.1.2

Objectives

i. Provide for a supply of residential land that is sufficient to accommodate the anticipated demand for a range of housing types.

ii. Support the provision of a choice of housing types according to location, size, cost, tenure, design, and accessibility so that a broad range of housing requirements are satisfied.

iii. Direct the expansion of residential development into appropriate areas according to availability of municipal services, soil conditions, topographic features and environmental constraints; and in a form which can be integrated with established land use patterns;

iv. Encourage infill residential development in residential areas where the impacts of development on existing uses can be minimized and where development can efficiently utilize existing municipal services and facilities.

v. Encourage residential intensification to increase the supply of housing through better use of existing resources, buildings and under-utilized sites.

vi. Support the provision of services and amenities that enhance the quality of the residential environment.

vii. Support the development; at appropriate locations, of residential facilities that meet the housing needs of persons requiring specialized care.

4.2.2.1.3

Infill Housing

This policy section states that “Infill Housing” is housing developed on vacant land in established residential areas making use of existing infrastructure having a form and scale compatible with the surrounding area. Such housing may be permitted in the Low Density Residential designation subject to a Zoning By-law Amendment and the following:

i. Infill housing may be in the form of low-rise apartments and may be allowed to up the maximum scale permitted under the Medium Density Residential designation, be considerate of surrounding land uses – neighbourhood;

ii. Be sensitive to the continuity of the existing residential streetscape;

iii. Be supported by adequate on-site parking and landscaped open space;

iv. Be subject to the provisions of Sections 4.2.5.6 and 4.2.5.7 of the Plan, respectively.

It is noted that Section 4.2.2.2.2 Scale of Development – Medium Density Residential permits a density range of 25 to 75 dwelling units per hectare. The proposed residential development, based upon 20 dwelling units, has a density of 1 dwelling unit per 217 square metres of lot area or 46 dwelling units per hectare.

4.2.2.2.3

Development Applications

Section 4.2.2.2.3 of the Official Plan requires that when an application for Official Plan and/or Zoning By-law Amendment is made for a medium density residential land use, then the policy provisions of Section 4.2.5.6 and 4.2.6.7 shall apply.

4.2.2.3

High Density Residential

4.2.2.3.1

Permitted Uses

The uses shall primarily consist of apartment buildings or medium density residential uses listed in Section 4.2.2.2.1 which exceed the density range as set out in Section 4.2.2.2.2

4.2.2.3.2

Scale of Development

4.2.2.3.2.1

High density residential development shall mean a density in suburban locations of 75 to 110 dwelling units per hectare. In the central area of the city, within the area bounded by Park Street, Parkhill Road West, Otonabee River, and Lansdowne Street West, the density range shall be 100 to 250 dwelling units per hectare.

4.2.2.3.2.2

Direct access should be provided to collector or arterial streets. Direct access to local streets may be provided if traffic is directed to a collector or arterial street to minimize movement into lower density residential areas.

4.2.2.3.2.3

High density developments shall be sited so as to minimize their effect on neighbouring lower density residential land uses particularly with regard to traffic generation, reduction of sunlight and the views presently enjoyed by neighbouring residents. The visual impact of each project will be carefully considered.

4.2.2.3.3

Development Applications

Where an application for Official Plan Amendment and/or Zoning By-law Amendment is made for high density residential development, the provisions of Sections 4.2.5.6 and 4.2.5.7 shall apply.

4.2.5.6

Submission Requirements

A proposal for an amendment to the Zoning By-law to permit residential development shall be accompanied by the submission of a concept site plan and building perspective or building elevation which shall display the massing and conceptual design of the building, the relationship of the proposed building to adjacent buildings and street as well as driveways and off-street vehicular loading and parking facilities (either covered or uncovered). Council may also request for professional studies to be conducted by development proponents to address any or all of the matters of Section 4.2.5.7.

4.2.5.7

Evaluation Criteria

City Council shall consider the following factors when reviewing an application for residential development and developers shall provide appropriate information with regard to:

i. The type of housing form proposed for a site;

ii. The nature and extent of existing land uses within an area or in proximity to a site be developed;

iii. The adequacy of municipal services available to an area or to the site;

iv. The implications of traffic generation and proposed measures to lessen the impact on the surrounding environment;

v. The provision of amenities to serve the residents of a development and the adequacy of amenities in the area to serve the residents;

vi. The proximity of the site to municipal park and recreation areas and school sites in order to serve the residents of the development;

vii. Adequate standards for parking, buffering and landscaping of the zoning by-law; and

viii. The proximity of the site to, or presence of significant natural/environmental features and how the development is sensitive to these features.

City Zoning By-law (1997-123)

The following is a summary of the applicable Sections of the City Zoning By-law as it would pertain to the OPA and ZBLA Applications:

Section

Title

4.2

Motor Vehicle Parking Requirements

4.3

Motor Vehicle Parking Regulations

4.3.1

Size of Parking Space

4.3.2

Residential District - Parking

4.4

Motor Vehicle Parking Requirements to Serve Disabled Persons

4.4.1

Size of Parking Space Serving Disabled Persons

4.6

Loading Requirements

4.6.1

Dimensions of Loading Space

4.6.2 (A)

Residential

Section 298

SP. 268 – Special District (Commercial)

Section 3.9 Exceptions

By-law Exception 244

LPAT Case No. PL210081

LPAT File No. PL210082

ATTACHMENT 3

Order of Evidence

1. 1494282 Ontario Inc.

2. Peterborough (City) (Not expected to participate)

Note: The Hearing panel will determine the timing for the evidence of participants.