Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 14, 2022
CASE NO(S).: OLT-22-001979 (Formerly PL210102)
PROCEEDING COMMENCED UNDER subsection 17(40) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: TPC at Marlwood Inc.
Subject: Failure of Town of Wasaga Beach to make a decision respecting Proposed Official Plan Amendment No. OPA 20/17
Municipality: Town of Wasaga Beach
OLT Case No.: OLT-22-001979
Legacy Case No.: PL210102
OLT Lead Case No.: OLT-22-001979
Legacy Lead Case No.: PL210102
OLT Case Name: TPC at Marlwood Inc. v. Wasaga Beach (Town)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: TPC at Marlwood Inc.
Subject: Application to amend Zoning By-law No. 2003-60 - Refusal or neglect of Town of Wasaga Beach to make a decision
Existing Zoning: Open Space (OS)
Proposed Zoning: Residential Type One Zone
Purpose: To permit single-detached dwellings
Property Address/Description: 31 Marlwood Avenue
Municipality: Town of Wasaga Beach
Municipality File No.: Z11/17
OLT Case No.: OLT-22-002344
Legacy Case No.: PL210103
OLT Lead Case No.: OLT-22-001979
Legacy Lead Case No.: PL210102
Heard: July 4, 2022 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| TPC at Marlwood Inc | Matthew Helfand |
| Town of Wasaga Beach | Harold Elston |
MEMORANDUM OF ORAL DECISION DELIVERED BY SHARYN VINCENT ON JULY 4, 2022 AND INTERIM ORDER OF THE TRIBUNAL
INTRODUCTION
1TPC at Marlwood Inc (“Marlwood”), had appealed against Council’s failure to make decisions within the time frame stipulated by statute, with respect to applications to amend both the Official Plan and zoning by-law in order to permit portions of the existing Marlwood golf course to be redeveloped for low density residential uses.
2Since filing the appeals, the Parties have come to agreement and now appear before the Tribunal to jointly proffer a settlement for consideration.
3The Tribunal heard uncontroverted evidence from one witness, Kristine Loft, who was qualified to give opinion evidence in areas of land use planning to assist the Tribunal in its deliberations. Ms. Croft was able to provide a continuum of evidence as she had shepherded the application through the iterative process of revision and resubmission in response to comments and requirements of commenting departments and agencies.
4The requests to redesignate and rezone the lands are accompanied by an application for a draft plan of subdivision, which has not been appealed to the Tribunal, and therefore not subject of this interim order.
5Key issues in the consideration of the proposed two phase plan of subdivision were the protection and preservation of the natural heritage features of the site given the proximity to Marl Lake, part of which is described by Ms. Loft as an extension of the Jack Lake Provincially Significant Wetland Complex along the eastern border, and woodlot areas. The site is located near the Wasaga Beach Provincial Park and Wasaga Beach Backlands Park Reserve, and in essence represents complementary low density infill to the existing single detached residential neighbourhood of Marlwood Avenue and Briton Court.
6Through the process of addressing comments from Nottawasaga Valley Conservation Authority and input from Ministry of Forestry and Natural Resources, the original proposal was reconfigured to its final form of 57 lots, 48 of which are to be located in south phase and 9 lots in the north phase. The road alignment was also revised to remove the connection to Masters Lane, the woodland block was increased in size, and an additional open space block was incorporated.
7The effect of the proposed official plan amendment (Exhibit N) would redesignate a portion of the current Open Space designation to Residential, and Open Space Section 11.6.3.1 and Open Space Section 11.6.3.2. The amendment would permit the single detached development on the two portions of the overall parcel and would also recognize the open space blocks.
8Similarly the Zoning Amendment (Exhibit O) will rezone the two parcels from Open Space (OS) to Residential Type 1 Holding (R1H) in order to permit the proposed detached residential lots. In order to impose the required buffering from the natural heritage features, an Environmental Protection Exception 7 Holding (EPH-7), was incorporated in the amendment, together with Open Space Exception-5 Holding (OSH-5) and (OSH-6) zones to restrict lands uses to the required storm water management facilities and public park. These amendments implement the official plan amendment.
9It was the considered and unchallenged summary opinion of Ms. Loft that the Official Plan and Zoning Amendments before the Tribunal are consistent with the Provincial Policy Statement, are in conformity with the Growth Plan and conform with the County and Town Official Plans. It is the testimony of the witness that the Settlement Proposal and planning instruments represent good planning and are in the public interest. The Tribunal has considered both the written and oral evidence in support of the settlement and concurs with the analysis and recommendations of the sole witness. The Appeals of the Official Plan Amendment and Zoning By-law are therefore allowed in part and the draft instruments are approved in principle for the following reasons.
10The Settlement is described and accredited with successfully addressing the following matters of provincial interest:
-protection of natural heritage features and fish and wildlife habitat by creating corridors and habitat linkages, as well as open space buffers;
-utilizing existing infrastructure and augmenting the existing system with a particular emphasis on active transportation accommodation;
-improve the quality if life for existing and future residents through the provision of a new public park;
-creation of new housing opportunities; and
-proposing an appropriate form of infill which will respect the existing neighbourhoods;
all of which find their way into specific policies in the Provincial Policy Statement (“PPS”) and Growth Plan, with the overarching objectives of creating and sustaining healthy and safe communities through efficient development and land use patterns, a mix and range of housing and cost effective development patterns to minimize land consumption and servicing costs. The settlement proposal addresses all of these objectives while providing for the appropriate protection of natural heritage features in that it is the opinion of the only witness that there will be no negative impact, as defined in provincial policy, to significant natural heritage features or functions, including woodlands and wildlife habitat.
11The proposal is located within the Settlement Area on fully service land and will accommodate dedicated storm water management pond.
12Natural heritage features are to be buffered, and the proposed plans were revised to create habitat linkages and a 50-metre wide wildlife movement corridor on the southern portion of the subject site.
13The creation of the additional 57 residential lots will contribute towards accommodating the growth forecast for this Simcoe Sub-Area as identified in the Growth Plan.
14The proposal as revised also conforms to the Settlements policies in the County of Simcoe Official Plan which in combination with the parent policies in the PPS and Growth Plan, directs development or site alteration 120 m away from significant wetlands and areas of natural and scientific interest.
15The proposal will contribute to meeting the density and intensity targets for the settlement area while respecting, and having no negative impact upon the natural heritage feature or ecological function., all while optimizing existing infrastructure.
16The settlement represents good planning and urban design, and therefore is in the public interest.
ORDER
17THE TRIBUNAL ORDERS that the appeals are allowed in part and the proposed Official Plan Amendment and Zoning By-law Amendment, attached hereto as Attachment 1 and 2 respectively, and forming part of this Order, are approved in in principle.
18The Tribunal will withhold its final order pending receipt of the instruments in final form within three months of the date of the issuance of this interim order.
“Sharyn Vincent”
SHARYN VINCENT
VICE-CHAIR
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.