Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 13, 2022
CASE NO(S).: OLT-22-002331 (Formerly PL200522)
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. O1903
Municipality: City of Peterborough
OLT Case No.: OLT-22-002331
Legacy Case No.: PL200522
OLT Lead Case No.: OLT-22-002331
Legacy Lead Case No.: PL200522
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 and Appellant: 1494282 Ontario Inc.
Subject: Application to amend Zoning By-law No. 1997-123 - Refusal or neglect of the City of Peterborough to make a decision
Existing Zoning: D.1 Development District
Proposed Zoning: Site Specific (To be determined)
Purpose: To facilitate the use of the lands for a medium density, multi unit residential development, supporting a maximum of 45 units
Property Address/Description: 1737 Sherbrooke Street
Municipality: City of Peterborough
Municipality File No.: Z1912
OLT Case No.: OLT-22-003485
Legacy Case No.: PL200523
OLT Lead Case No.: OLT-22-002331
Legacy Lead Case No.: PL200522
Heard: May 30, 2022 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| 1494282 Ontario Inc. | John Ewart |
| City of Peterborough | Alan Barber |
MEMORANDUM OF ORAL DECISION DELIVERED BY T.F. Ng ON MAY 30, 2022, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The matters before the Tribunal are two appeals filed by 1494282 Ontario Inc. (the “Applicant/Appellant”) against the failure of the City of Peterborough (the “City”) to make a decision with respect to an Application for Official Plan Amendment (the “OPA”) and an Application to Amend the Zoning By-law (the “ZBA”) within the prescribed timeframes (collectively the “Applications”) as set out in the Planning Act (the “Act”). The Applications concern the lands located at 1737 Sherbrooke Street West (the “Subject Property”).
2The Applicant applied for the OPA and ZBA to facilitate use of the Subject Property for a medium density multi-unit residential development, supporting a maximum of 45 units (41 unit apartment building and 4 unit row housing) with a maximum height of three storeys (the “Development Proposal” / “Proposal”).
3In support of the Proposal, the Applicant filed a witness statement by Kevin Duguay (Exhibit 1). Mr. Duguay is a registered professional planner and based on his experience and expertise, the Tribunal qualified him to provide expert opinion evidence in the area of land-use planning.
4Alan Barber, counsel for the City, informed the Tribunal that the City was not taking any position on the Development Proposal. Mr. Barber was on a watching brief.
5Ms. A. Goheen who was granted Party Status on September 8, 2021 had withdrawn through her solicitor’s letter of October 25, 2021.
6The Tribunal, having considered the uncontested testimony of Mr. Duguay, the Proposal, and the materials filed with the Tribunal, allows the appeals for the reasons set out below.
PLANNING EVIDENCE
7The Subject Property is located within the geographic limits of the City on the south side of Sherbrooke Street West, east of the intersection of Sherbrooke Street West and Brealey Drive, within the mid-western part of the community. The Subject Property is currently vacant, and previously contained a detached single unit dwelling which was removed by way of demolition permit issued by the City's building department.
The OPA
8The OPA seeks to redesignate the Subject Property from "Low Density Residential" to "Medium Density Residential" (Schedule 'E' - Residential Density of the Official Plan) to permit a multiple unit residential land use.
9The original OPA and ZBA Applications encompassed three Sherbrooke Street West properties (1711, 1725 and 1737 Sherbrooke Street West). These Applications were subsequently revised to limit the land use approvals to 1737 Sherbrooke Street West only. The revised Applications were in turn filed with the City in late June 2019, and supported by a revised Planning Justification Report dated July 22, 2019. The Applications were deemed complete on July 31, 2019 by the City’s planning department.
Provincial Policy Statement 2014 (2014 PPS)
10Mr. Duguay testified that efficient land use and development patterns support sustainability by promoting strong, liveable, healthy and resilient communities, while protecting the environment, public health, safety, and facilitating economic growth. The proposed multiple-unit residential development will contribute towards a complete community, accommodating an appropriate range and mix of residential affordable housing, including at a micro-level, the Sherbrooke Street West/Brealey Drive part of the community (Section 1.1.1 (b)).
11The proposed multiple-unit development will be supported by available municipal infrastructure and other municipal services. The proposed multiple-unit residential development is representative of an efficient and appropriate residential land use (Section 1.1.3.1).
12Under Section 1.7.1, long-term economic prosperity should be supported by maintaining and, where possible, enhancing the vitality and viability of downtowns and main streets. Sherbrooke Street is considered as a main-street, by virtue of its Official Plan (the “OP”) designations (Arterial Road) and Intensification Corridor Status (Schedule A1 - City Structure of the OP). The proposed multiple-unit residential development will actively contribute to the vitality and viability of a main-street, that is Sherbrooke Street.
13It is Mr. Duguay’s opinion that the revised OPA and the ZBA are consistent with the policy directives of the 2014 PPS as well as the 2020 PPS.
Growth Plan for the Greater Golden Horseshoe 2019 (Growth Plan).
14Mr. Duguay expounded on Section 2.2.1- Managing Growth, opining that:
a) Forecasted growth to the horizon of this Plan will be allocated based on the following:
a) the vast majority of growth will be directed to settlement areas that:
i. have a delineated built boundary;
ii. have existing or planned municipal water and wastewater systems; and
iii. can support the achievement of complete communities;
c) within settlement areas, growth will be focused in:
iv. delineated built-up areas;
v. strategic growth areas
vi. locations with existing or planned transit, with a priority on higher order transit where it exists or is planned; and
vii. areas with existing or planned public service facilities;
15Mr. Duguay stated that population and employment forecasts contained in Schedule 3 will be used for planning and managing growth in the Greater Golden Horseshoe to the horizon of this plan in accordance with the policies in Section 5.2.4.
16The Subject Property is located within a designated urban settlement area. Moreover, the Subject Property forms part of the Built Boundary portion of the Community (Schedule 'A1' - City Structure of the OP). The Growth Plan speaks to managing growth in Delineated Built-up Areas and all municipalities will develop a strategy to achieve the minimum intensification target and intensification throughout delineated builtup areas.
17Mr. Duguay opined that the revised OPA and the ZBA conform to the policy directives of the Growth Plan.
City Official Plan (Pre November 2021 Version)
18The revised OPA (July 2019) seeks to re-designate the subject property from 'Low Density Residential' to 'Medium Density Residential' (Schedule 'E' - Residential Density) of the OP.
19Mr. Duguay explained that under Section 2.4.2, the Growth Management Objectives are to:
b. Encourage intensification of people and jobs in the Urban Growth Centre, within intensification areas, and along intensification corridors; and
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.
20Mr. Duguay emphasized that Section 2.4.4.1 directs a significant portion of future growth 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 – City Structure.
21Mr. Duguay opined that Schedule 'A-1' (City Structure of the OP) designates Sherbrooke Street West as an Intensification Corridor of the OP. The proposed multiple-unit residential development serves to implement the policy intention of the intensification corridor designation.
22The 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 Residential, Medium Density Residential and High Density Residential are provided (Section 4.2.1.1).
23It is Mr. Duguay’s opinion that the Applications will permit an appropriate form of suburban residential development on lands forming part of a designated Intensification Corridor (Sherbrooke Street West, Schedule A-1 - City Structure).
24He 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.
25Under Section 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. The proposed multiple-unit residential development represents a density of 1 dwelling unit per 139 square metres lot area or approximately 56 units per hectare (based upon 0.78 hectares of land).
26Direct 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 (Section 4.2.2.3.2.2).
27The Subject Property is located on Sherbrooke Street West (Arterial Street). This location satisfies this particular policy directive.
28The proposed multiple-unit residential development is compact in nature and the proposed buildings are located configured in manner respectful of area land uses.
29The proposed developed will be serviced by existing municipal infrastructure. The Preliminary Stormwater Management Report addresses an appropriate approach to on-site Stormwater Management. The proposed OPA is summarized as follows: Amend Schedule 'E'- Residential Density of the OP from 'Low Density' to 'Medium Density'.
30It is Mr. Duguay’s opinion that the revised OPA and the ZBA are in keeping with the general purpose and intent of the policies of the City's OP.
ZBL
31The ZBA applies to the Subject Property which is currently zoned D1 - Development District. The current zoning does not permit a multiple-unit residential use. As such, it will be necessary to amend the current zoning.
32The ZBA seeks to rezone the Subject Property from D1 - Development District to a site specific (Special District) to permit the proposed multiple-unit residential development comprising 45 dwelling units. Permitted use is residential dwelling.
33Mr. Duguay opined that the revised OPA and the ZBA are in keeping with the general purpose and intent of the regulatory provisions of the ZBL.
34The proposed development comprises 45 dwelling units. The development is supported by the provision of 80 site parking spaces, 72 Apartment spaces (1.75 parking spaces per unit) and 8 Townhouse spaces (2 parking spaces per unit). This level of site parking meets the minimum requirements of the ZBL.
35The proposed development will be subject to Site Plan Control. The scale of development may require the approval of the Site Plan by City Council. The Site Plan Agreement will address the following, but not limited to the following: Site services (water, waste-water); Storm-water management, including where feasible, Low-Impact Development (LID) measures; Lot grading and drainage; Site driveway/access; The conveyance of land for the future widening of Sherbrooke Street West; Site parking/loading; Building massing, configuration architectural details; Landscaping, fencing buffering; Photometric illumination details; and Barrier-free access/design.
36Mr. Duguay concluded that the revised OPA and the ZBA are consistent with the policy directives of the 2014 PPS and 2020 PPS, are in conformity with the policy directives of the Growth Plan, in keeping with the general purpose and intent of the policies of the OP (Pre-November 2021 version), and in keeping with the general purpose and intent of the regulatory provisions of the ZBL.
37The Tribunal agrees with Mr. Duguay that this development introduces an appropriate multiple-unit residential development within lands forming part of the Built Boundary portion of the community. Moreover, this development forms part of a designated suburban Intensification Corridor and all things considered is representative of good planning.
ANALYSIS AND FINDINGS
38The Tribunal having considered the documents filed and the uncontroverted evidence of Mr. Duguay, accepts his conclusions.
39The Tribunal finds that the Development Proposal is consistent with the PPS as it represents an efficient land use with an appropriate level of intensification within the urban boundary. It represents compatible intensification with a range and mix of housing types that promote the use of transit, and are of an appropriate density and built form.
40In relation to the Growth Plan, the Tribunal finds that the Development Proposal is transit supportive, represents an efficient use of land and infrastructure, and will contribute to a complete community. The Tribunal is satisfied that the Proposal conforms to the Growth Plan.
41In considering the City OP and the OPA, the Tribunal finds that the Proposal provides an appropriate development of an underutilized parcel of land. The Proposal proposes development that is served by transportation and is appropriately located. The Tribunal agrees that the Development Proposal conforms to the City OP, and the ZBA appropriately implements the City OP.
42The Tribunal is satisfied that the Development Proposal and the Applications have appropriate regard for the matters set out in s. 2 of the Act, in particular Section 2(h), the orderly development of safe and healthy communities and Section 2(j), the adequate provision of a full range of housing including affordable housing and represents good planning.
DECISION AND ORDER
43The Tribunal Orders that:
a) The Appeals are allowed.
b) The Official Plan for the City of Peterborough is modified as set out in Attachment 1 to this order, and as modified is approved.
c) The comprehensive Zoning By-law No. 1997-123 is hereby amended in the manner set out in Attachment 2 to this order. The Tribunal authorizes the municipal clerk to assign a number to this By-law for record keeping purposes.
“T.F. Ng”
T.F. Ng
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.
Attachment 1
The Corporation of the City of Peterborough
By-law No. 22-__________
Being a By-law to amend the Schedule ‘E’ – Residential Density of the Official Plan (Pre- November 2021 Version) for lands known as 1737 Sherbrooke Street West, from “Low Density Residential” to “Medium Density Residential”.
- Schedule ‘E’ – Residential Density is hereby amended in accordance with the attached Schedule ‘A’ to this By-law.
Attachment 2
By-law No. 22-TBD
Being a By-law to amend the Zoning By-law for the lands known municipally as 1737 Sherbrooke Street West.
Being a By-law to amend the Schedule ‘A’ of By-law 1997-123, being lands known municipally as 1737 Sherbrooke Street West from D.1 – Development District to R.4.- with a By-law Exception (No.TBD) to permit a multiple unit residential development containing 45 dwelling units comprised of townhouse and apartment dwellings.
Map 15 forming part of Schedule ‘A’ to By-law No.1997-123 is hereby amended by changing the area shown on the attached Schedule ‘A’ to this By-law from D.1 to R.4-Bylaw Exception (No. TBD).
That Section 3.9 (Exceptions) of By-law 1997-123 by amended by adding Exception No.TBD, thereto