Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 20, 2021
CASE NO(S).: PL200428
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Picton Properties Inc.
Subject: By-law No. BL 127-2020
Municipality: Prince Edward County
OLT Case No.: PL200428
OLT File No.: PL200428
OLT Case Name: Picton Properties Inc. v Prince Edward (Cty)
Heard: May 25, 2021 by video hearing
APPEARANCES:
Parties
Counsel
Picton Properties Inc.
M. Helfand
10838772 Canada Ltd.
J. Mastorakos
Prince Edward County
D. Fairbrother
DECISION DELIVERED BY C. TUCCI AND ORDER OF THE TRIBUNAL
1Rollins Investment Inc. originally submitted an application to re-zone the subject lands located at Part Lots 20 and 21 Concession 3, Military Tract Parts 1-7 47R8035 except Part 1 47R8530 in the Ward of Bloomfield/Hallowell in the Prince Edward County (the “County”).
2The subject lands have an area of approximately 20.41 hectares, a frontage of approximately 104.8 metres on Loyalist Parkway and a frontage of approximately 170 metres on Talbot Street.
3The subject lands are located within the Settlement Area of Picton-Hallowell in the County. The northern limit of the subject lands are located along Talbot Street and the southern limit of the subject lands front onto Loyalist Parkway.
4The Tribunal was informed that the subject lands, and the interest of the original applicant, Rollins Investment Inc., in the application has been now transferred to the new owners of the subject lands being 10838772 Canada Ltd. (the “Applicant”).
5The Applicant filed complete applications for a Draft Plan of Subdivision (County File: 13T-18-501), Official Plan Amendment (County File: OPA5-18) and Zoning By-law Amendment (County File: Z64-18) to facilitate a subdivision on the subject lands comprised of residential, commercial, and open space uses.
6The Tribunal heard that the purpose of Zoning By-law Amendment No. 127-2020 was to permit the intended residential, commercial, parkland/open space, and stormwater management uses on each corresponding lot and block within the previously approved draft plan of subdivision.
7Through Zoning By-Law No. 127-2020, the previously severed lands were rezoned to the Special Urban Residential Type One (R1-64) Zone, Special Urban Residential Type Two (R2-20) Zone and Special Urban Residential Type Three (R3-63-H) Zone to permit residential uses, as well as Open Space (OS) Zone and Highway Commercial Holding (CH-H).
8On August 31, 2020, the Appellant filed a notice of appeal to the Local Planning Appeal Tribunal pursuant to s. 34(19) of the Planning Act (the “Act”) with respect to County Council’s passage of the Zoning By-law No. 127-2020.
9The Tribunal was advised prior to the scheduled Case Management Conference that the parties had resolved their differences and would be seeking an Order of the Tribunal on consent approving a revised proposal.
10The only evidence before the Tribunal is the oral testimony of Jennifer Wood including her Witness Statement dated July 19, 2021 and entered as Exhibit 2 in this hearing. Ms. Wood, who is the Applicant’s land use planning consultant, was qualified by the Tribunal to provide expert planning opinion evidence and provided a comprehensive overview of the applications and applicable policies in her witness statement. The Tribunal is satisfied based on this planning evidence that the settlement before the Tribunal should be approved and that the appeal should be allowed.
11The Tribunal finds that;
the proposed Zoning By-law Amendment is appropriate having due consideration to the relevant criteria set out in s. 51(24) of the Act;
the proposal is consistent with the Provincial Policy Statement;
the proposal is in conformity with the Prince Edward’s County Official Plan;
the proposal is in conformity with the Picton-Hallowell Secondary Plan;
the proposed Zoning By-law Amendment represents land use planning and is in conformity with the relevant official plan policies;
the proposed Zoning By-law Amendment represent good land use planning, is appropriate and desirable for the development of the subject site within Picton-Hallowell area in the public interest.
ORDER
12THE TRIBUNAL ORDERS that 10838772 Canada Ltd., having acquired the interest in the lands and application which are the subject of By-law No. 127-2020, is hereby substituted for the applicant as a party in this proceeding in accordance with Rule 8.2 of the Tribunal’s Rules of Practice and Procedure.
13THE TRIBUNAL ORDERS that the appeal against By-law No. 127-2020 of Prince Edward County is allowed in part and is amended.
14In all other respects, the Tribunal orders that the appeal is dismissed.
15It is so ordered.
“C. Tucci”
C. tucci
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.