Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 18, 2022
CASE NO(S).: OLT-21-001311
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant: Denis Martinek
Subject: By-law No. 2018-65
Municipality: Town of The Blue Mountains
OLT Lead Case No.: OLT-21-001311
OLT Case No.: OLT-21-001311
OLT Case Name: Martinek v. The Blue Mountains (Town)
Heard: February 10, 2022 by video hearing
APPEARANCES:
Parties
Counsel*/Representative
Tyrolean Village Resorts Limited
Denis Martinek
Town of The Blue Mountains
Leo Longo*
MEMORANDUM OF ORAL DECISION DELIVERED BY S. BRAUN ON FEBRUARY 10, 2021 AND ORDER OF THE TRIBUNAL
1The matter before the Tribunal is an appeal under s. 34(19) of the Planning Act 1 (“Act”) with respect to the decision of the Town of The Blue Mountains (“Town”) to pass Zoning By-law No. 2021-59 (“ZBLA”), being a by-law to amend the Town’s Comprehensive Zoning By-law No. 2018-65 (“ZBL”). The purpose of the ZBLA is to include Short Term Accommodation (“STA”) and Commercial Resort Unit (“CRU”) provisions in the ZBL.
2This hearing event was scheduled as a first Case Management Conference (“CMC”). At the outset, the Tribunal was informed that the parties had entered into an agreement to resolve the appeal and at the request of the parties, the CMC was converted to a settlement hearing.
3The Tribunal received an Affidavit of Service (Exhibit 1), confirming that Notice was properly given. In response to the Notice, the Tribunal received no written requests for party or participant status and no individuals appeared seeking status.
4The parties presented executed Minutes of Settlement (“MOS”, Exhibit 2) and jointly requested the Tribunal approve the ZBLA. In support of the settlement, the Tribunal heard uncontested land use planning opinion evidence from Shawn Postma. Mr. Postma is a Senior Planner for the Town, a Registered Professional Planner and full member of the Canadian Institute of Planners. He was qualified by the Tribunal and provided a detailed contextual and land use planning rationale to support the ZBLA. In his opinion, the ZBLA satisfies all legislative tests under the Act and represents good planning in the public interest.
5Mr. Postma explained some of the history behind the ZBLA, noting that in November of 2018, when the Town approved the ZBL, provisions relating to STA uses were deferred, as it was determined that further study was required. As such, original STA By-laws enacted in 2009 continued to be in effect.
6He further explained that historically, there have been concerns with respect to the impacts of STAs mainly in the form of noise and other disturbances, garbage and parking. In Mr. Postma’s opinion, while the 2009 By-laws surrounding STAs (and in particular provisions setting out where STAs should be permitted and prohibited), in conjunction with Town-implemented licensing by-laws (which added a level of monitoring and enforcement in relation to STAs) were largely successful, general updates to the by-law provisions were required.
7In March 2020, Town staff completed a background study with respect to all types of tourist accommodation types including STA, CRU, Bed & Breakfasts, hotels, motels, etc. The study was presented to Council in the fall of 2020 and thereafter, a draft zoning by-law amendment was completed.
8Significant public consultation on the draft ensued, which included input from various tourism operators, the STA industry, condominium groups, ratepayers’ associations and individual residents. In response to such consultation, a number of revisions were made resulting in the final version of the draft by-law, which was the subject of a public meeting in May of 2021 and was approved by Council on July 12, 2021.
9Following this approval, the present appeal was filed. The appeal focuses on a number of lots previously approved for STA uses by the Ontario Municipal Board (“OMB”) in June of 2015. Upon receipt of the appeal, Town staff and the Appellant began engaging in discussions ultimately resulting in the MOS, which include the following modifications to the ZBLA - the inclusion of an exception set out in Table 9.1, Zone RR-135, Exception Number 135, which:
increases the maximum number of bedrooms from six (6) to seven (7); and
permits parking in the rear yard, no closer than 9.0 metres to the rear lot line.
10Mr. Postma was directly involved with the finalization of the MOS and the revisions made to the ZBLA. In his professional planning opinion, the ZBLA is consistent with the Provincial Policy Statement (“PPS”), does not conflict with the Niagara Escarpment Plan (“NEP”) and conforms to both the County of Grey Official Plan (“COP”) and the Town of The Blue Mountains Official Plan (“TOP”) and overall, represents good planning in the public interest.
ANALYSIS AND DISPOSITION
11The Tribunal accepts the uncontested planning evidence of Mr. Postma and is satisfied that the ZBLA is consistent with the PPS including, but not limited to, policies which speak to efficient development and land use patterns which sustain the financial well-being of the Province and municipalities over the long term and providing opportunities for sustainable tourism. The Tribunal is further satisfied that the ZBLA does not conflict with the NEP and conforms to both the COP and TOP, which encourage economic growth and the promotion of tourism and recreation.
ORDER
12The Tribunal orders that the appeal is allowed in part and Zoning By-law No. 2018-65 is amended as set out in Attachment 1 to this Order. In all other respects, the appeal is dismissed.
“S. Braun”
s. braun
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.
OLT-21-001311 – Attachment 1
Footnotes
- R.S.O. 1990, c. P. 13, as amended.