Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 29, 2022 CASE NO.: OLT-21-001343
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: H. Burley Truck and Bus Repair Inc. Subject: Request to amend the Official Plan - Failure of County of Peterborough to adopt the requested amendment Existing Designation: Residential Proposed Designated: Residential Site Specific Purpose: To recognize existing use of a motor vehicle repair business Property Address/Description: 1291 Mann Rd Municipality: County of Peterborough Approval Authority File No.: 15OP-21005 OLT Case No.: OLT-21-001343 OLT File No.: OLT-21-001343 OLT Case Name: H. Burley Truck and Bus Repair Inc v. Peterborough (County.)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: H. Burley Truck and Bus Repair Inc. Subject: Application to amend Township of Selwyn Comprehensive Zoning By-law 2009-021 - Refusal or neglect of County of Peterborough to make a decision Existing Zoning: Residential and Development Proposed Zoning: Site Specific (To be determined) Purpose: To recognize existing use of a motor vehicle repair business Property Address/Description: 1291 Mann Rd Municipality: County of Peterborough Municipality File No.: C-07-20 OLT Case No.: OLT-21-001343 OLT File No.: OLT-21-001344
BEFORE: S. BRAUN, MEMBER S. deBOER, MEMBER Wednesday, the 29th day of June, 2022
WHEREAS H. Burley Truck and Bus Repair Inc. (“Appellant”) appealed the failure of the County of Peterborough (“County”) and the Township of Selwyn (“Township”) to make decisions on applications for an Official Plan Amendment (“OPA”) and Zoning By-law Amendment (“ZBLA”) in relation to the property at 1291 Mann Road (“subject property/site”);
AND WHEREAS the Tribunal held a hearing on the merits and issued its decision on May 13, 2022;
AND THE TRIBUNAL having allowed the appeals in part and withheld the issuance of the final order until receipt of the Official Plan and Zoning By-law amendments in final form;
AND THE TRIBUNAL having been provided the OPA and ZBLA in their final form, on consent of the parties, on June 10, 2022
AND THE TRIBUNAL having reviewed the proposed OPA and ZBLA and having deemed the wording and schedules satisfactory;
THE TRIBUNAL ORDERS THAT the Official Plan of the County of Peterborough (OPA 60) be amended in accordance with Attachment “A” attached to this order, and the Zoning Bylaw of the Township of Selwyn (C-07-20) be amended in accordance with Attachments “B” and “C” attached to this order.
“Euken Lui”
EUKEN LUI REGISTRAR
Ontario Land Tribunal Website: 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 A
AMENDMENT NO. 60 TO THE OFFICIAL PLAN LANDS MUNICIPALLY KNOWN AS 1291 MANN ROAD
The Official Plan of the County of Peterborough is amended as follows:
- Section 6.3.2.3 is amended by adding a new subsection namely 6.3.2.3 (d)(i) which shall read as follows:
“6.3.2.3 (d) Site Specific Policy Areas
(i) Notwithstanding the policies of Section 6.3.2.3 (b), on those lands located at 1291 Mann Road, a motor vehicle repair shop shall be a permitted use.
- Schedule “A1-2” Land Use Plan – Urban Component Village of Bridgenorth for the Township of Selwyn is amended by adding a border symbol and a text box reading as follows, as shown on Schedule “1” attached hereto and forming part of this Amendment:
“See Section 6.3.2.3 (d)(i)”
Schedule ‘1’ To Official Plan Amendment No. 60 County of Peterborough Official Plan
ATTACHMENT B
ATTACHMENT C
The Corporation of the Township of Selwyn By-law Number 2022-045
Being a By-law passed pursuant to the provisions of Section 34 of the Planning Act, R.S.O. 1990, as amended, to amend the Township of Selwyn Comprehensive Zoning By-law No. 2009-021, as otherwise amended, with respect to lands municipally known in the year 2021 as 1291 Mann Road.
Whereas the Ontario Land Tribunal Decision issued May 13, 2022 in File OLT-21-001343, in hearing an appeal under section 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended, deems it advisable to amend By-Law No. 2009-021, otherwise known as the Comprehensive Zoning By-Law, with respect to the lands described as being situated Part of Lot 13, Concession 7 in the Smith Ward and having the municipal address of 1291 Mann Road in the year 2021.
And Whereas the purpose of the Zoning By-law Amendment is to rezone the subject lands from the Residential Type One (R1) Zone and Development (D) Zone to the General Industrial Exception Five Hundred and Ninety-Four holding (M2-594(h)) Zone.
And Whereas the (M2-594(h)) Zone recognizes the existing use of the subject lands for a bus and truck repair shop and allows for the expansion of this business subject to a site plan agreement being entered into with the Township of Selwyn.
Now therefore the Ontario Land Tribunal orders:
That Schedule “A” – Map 2 of By-law No. 2009-021, as otherwise amended, is hereby further amended by rezoning certain lands situated in Part of Lot 13, Concession 7 in the Smith Ward from Residential Type One (R1) Zone and Development (D) Zone to General Industrial Exception Five Hundred and Ninety-Four holding (M2-594(h)), as illustrated on Schedule “A” attached hereto and by this reference forming part of this By-law.
That Schedule “B” of By-law No. 2009-021, as otherwise amended, is hereby further amended by adding the General Industrial Exception Five Hundred and Ninety-Four (M2-594) Zone which shall read as follows:
594 General Industrial Exception 594 (M2-594) Zone Reference By-law 2022-045 1291 Mann Road – Roll No. 1516.020.202.21700
No person shall use any land or erect, alter or use any building or structure except in accordance with the provisions of Section 3 and Section 4.18 hereof, and subject to the following special provisions:
a) Residential Uses: Prohibited.
b) Permitted Uses: A motor vehicle repair shop (including commercial, industrial and recreation vehicles)
c) Regulations for uses permitted in Section b) above: i) Maximum building coverage (including accessory buildings) 6% ii) Maximum coverage by parking – vehicle movement areas 50% iii) Minimum south side yard ..................................................... 3.6 metres, within 45 metres of the westerly part of the property, 6 metres otherwise iv) Minimum north side yard.............................................. 6 metres v) Minimum other yards excluding a front yard.......... 6 metres vi) Minimum front yard......................................................... 9 metres vii) Maximum building height................................................. 6 metres viii) Minimum setback from Street Centreline (Township Road) 19 metres
The holding (h) symbol attached to the lands being the subject of this By-law shall be removed from Schedule “A”- Map 2 of By-law No. 2009-021, as amended, only when the property owner has entered into a site plan agreement in accordance with Section 41 of the Planning Act, R.S.O. 1990, as amended, to the satisfaction of the Township of Selwyn.
All other relevant provisions of By-law 2009-021, as amended, shall apply.
Ontario Land Tribunal Decision issued May 13, 2022 in File OLT-21-001343.