Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 9, 2022
CASE NO(S).: OLT-21-001531
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Harman Trucking Corp.
Subject: Zoning By-law Amendment
Description: To change and introduce standards relating to driveway widths, trailer parking on residential lots, transportation depots, contractor’s facilities, open storage and truck and trailer parking
Reference Number: ZBA 2021-055
Property Address: 11,33, and 34 Perdue Court
Municipality/UT: Caledon/Peel
OLT Case No.: OLT-21-001531
OLT Lead Case No.: OLT-21-001531
OLT Case Name: Harman Trucking Corp. v Caledon (Town)
Heard: October 26, 2022 by video hearing
APPEARANCES:
Parties Counsel
Harman Trucking Corp. (“Appellant”) Russell Cheeseman
Town of Caledon (“Town”) Stephanie Fleming David Germain Katyrina Zielinski
MEMORANDUM OF ORAL DECISION DELIVERED BY ERIC S. CROWE ON OCTOBER 26, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The matter before the Tribunal for consideration is an appeal filed by the Appellant against the decision of the Town Council on June 22, 2021, in relation to passing a Zoning By-law Amendment No. 2021-055 (the “ZBLA”) from Zoning By-law No. 2006-50, as amended (the “ZBL”) concerning 11 and 33, Perdue Court (the “Subject Property”).
2The purpose and effect of the ZBLA to change and introduce permissions and standards relating to driveway widths, trailer parking on residential lots, transportation depots, contractor’s facilities, open storage and truck and trailer parking.
3On June 1, 2022, an order was issued by the Tribunal bringing the unappealed portions of the ZBL into effect on all lands in the Town except for the lands known as 11, 33 and 34 Perdue Court, on the day the By-law was passed, being June 22, 2021. This order was issued via written motion to the Tribunal. There was no first Case Management Conference for this matter.
HEARING
4The Appellant’s counsel, Russell Cheeseman, advised that the Parties continued negotiations which has resulted in a settlement. Mr. Cheeseman advised only 11 and 33 Perdue Court are under appeal.
5The Joint Document Book was marked as Exhibit 1.
6Mr. Cheeseman called Theodore Cieciura, who was affirmed and qualified on consent by the Tribunal to give expert opinion evidence on land use planning.
LEGISLATIVE TEST
7In making a decision with respect to a ZBLA, the Tribunal must consider section 24(1) of the Planning Act (“Act”). Despite any other general or special Act, where an official plan is in effect, no public work shall be undertaken and, except as provided in subsections (2) and (4), no By-law shall be passed for any purpose that does not conform therewith.
PLANNING EVIDENCE
Provincial Policy Statement 2020 (“PPS 2020”)
8Mr. Cieciura referred to the PPS 2020, in the Planning Report, which contains policy direction to the efficient use of land to support sustainable, strong, livable, healthy, and resilient communities while protecting the environment, public health and safety and facilitating growth. The properties subject to the proposed amendments are located in settlement areas and rural areas. Although the PPS, directs growth to settlement areas (section 1.1.3.1), sections 1.1.5.3 and 1.1.5.4 also provides for recreational, tourism and other economic development opportunities within the rural area provided that the development is compatible with the rural landscape.
9Within settlement areas, the PPS 2020, states that healthy, liveable, and safe communities are sustained by avoiding development and land use patterns, which may cause environmental or public health and safety concerns (section 1.1.1.c). Similarly, rural areas are supported by building upon rural character, and leveraging rural amenities and assets, and conserving biodiversity and considering the ecological benefits provided by nature (section 1.1.4.1.a and h).
10In Mr. Cieciura’s opinion, the application to amend the ZBA align with the policy direction of and is consistent with the PPS.
PROVINCIAL PLANS
11Mr. Cieciura referred to the the Planning Report which highlighted the Growth Plan for the Greater Golden Horseshoe, 2020 (“Growth Plan”), the Greenbelt Plan, 2017, the Oak Ridges Moraine Conservation Plan, 2017 and the Niagara Escarpment Plan 2017, in conforming to the PPS, 2020, contains similar although refined policy direction to the PPS, 2020. The plans continue to direct growth and the majority of industrial and commercial uses to settlement areas, preserving natural features and rural lands for smaller-scale development appropriate for those areas. The proposed By-laws respect these policies, directing growth to settlement areas, encouraging appropriate agricultural uses within the rural areas, and preserving natural features.
12Within the Oak Ridges Moraine Conservation Plan 2017, there are specific policies which restrict where agricultural-related industrial or commercial uses may be located, and which establishes specific definitions related to various agricultural uses. The proposed ZBLA will provide clarity to definitions and permitted uses, but also respects these policies. The Conservation Authorities and Niagara Escarpment Commission have reviewed the documents and have no concerns with them. The proposed housekeeping and enforcement amendments are general in nature and will apply to the entirety of the Town.
13In Mr. Cieciura’s opinion, the amendments conform to the Growth Plan.
REGION OF PEEL OFFICIAL PLAN
14Within the Planning Report, the Region of Peel Official Plan (“Region’s OP”) designates the properties as any one of the Rural Service Centre, Rural System (Area with Special Policies), or Estate Residential Community on Schedule “D”, Regional Structure. The Region’s OP provides for specific policies directing area municipalities to include more detailed objectives and policies for these designations in the local municipal official plans. The policies look to direct growth to the Rural Service Centres and Estate Residential Community, but also reflect a range of uses permitted within the Rural System.
15The Region’s OP reflects the provincial policies and plans to protect, improve, or restore the ecological integrity of natural features and permit uses as identified by provincial policies and plans. There is no development proposed through this application. The Region has advised that there are no concerns with the proposed amendment.
16In Mr. Cieciura’s opinion, the amendments conform to the Region’s OP.
TOWN OF CALEDON OFFICIAL PLAN (“Town’s OP”)
17Mr. Cieciura advised while focusing on lands within the rural areas of the Town, the amendments will apply to all lands within the limits of the Town. The ZBLA respects existing permissions contained in the OP by aligning the definitions and standards with the existing use permissions of the OP and focusing permissions and standards relating to transportation depots, contractor’s facilities, open storage and truck and trailer parking, directing these uses in settlement areas and removing these uses from agricultural and rural areas.
18The Planning Report notes the proposed ZBLA conforms to the Town’s current OP. The Planning Report noted that the Town is currently undertaking a comprehensive update of its OP (Future Caledon - Our Official Plan) in conjunction with the provincial conformity review being undertaken by the Region. Upon approval of these documents, the Town will be undertaking a comprehensive review of the ZBL 2006-50. Should there be additional land use changes identified during that OP reviews the implementing Zoning By-law will be updated to reflect that direction.
19In Mr. Cieciura’s opinion, the amendments conform to the Town OP.
SUMMARY
20Mr. Cieciura opines that the proposal to rezone the Subject Property with the intent on development for future dwelling accords with policies outlined in the PPS, Growth Plan, the OP including the Town’s ZBL No. 2006-50.
FINDINGS AND DISPOSITION
21In determining this matter, the Tribunal accepts and adopts the uncontroverted planning evidence and expert opinion provided by Mr. Cieciura. The Tribunal is persuaded by the evidence that the proposal promotes good land use planning and is in the public’s interest and is satisfied that the application conforms to the OP, is consistent with the PPS and conforms to the Growth Plan.
ORDER
22THE TRIBUNAL ORDERS that the appeal is allowed in part and council ordered to amend By-law No. 2021-55 as follows:
a. That Section 13.1 (Exceptions) for the MS-324 Zone be amended by adding the following special standard in the table:
Minimum Building Area - the minimum building area required for 33 Perdue Court shall be 5% of the lot coverage of the two abutting properties addressed as 11 and 33 Perdue Court and the required building shall be constructed on 11 Perdue Court.
b. That Schedule 'A' Zone Map 4 of By-law No. 2006-50 is amended by adding a holding symbol (H___) to the lands addressed as 33 Perdue Court as shown on Schedule "B” to this By-law.
c. That Section 13.3 (Holding Provisions) is amended by adding a new row as per below:
“Eric S. Crowe”
eric s. crowe
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.