Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: September 20, 2022

CASE NO(S).: OLT-21-001619

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: 2006316 Ontario Inc.

Subject: Application to amend Zoning By-law No. 2000-02 - Refusal or neglect of Town of Penetanguishene to make a decision

Existing Zoning: Deferred Development Zone

Proposed Zoning: Residential Third Density Holding Exception (R3- H-XX) Zone, Residential Fourth Density Holding Exception (R4-H-XX) Zone, and Open Space (OS) Zone

Purpose: To facilitate the development a 33 lot residential subdivision for townhouses having twenty-two (22) freehold townhomes and eleven (11) rental townhomes in six (6) blocks

Property Address/Description: 123 Robert Street East

Municipality: Town of Penetanguishene

Municipality File No.: Z.A.3/21

OLT Case No.: OLT-21-001619

OLT Lead Case No.: OLT-21-001619

OLT Case Name: 2006316 Ontario Inc. v. Penetanguishene (Town)

Heard: August 23, 2022 by video hearing

APPEARANCES:

Parties

Counsel/Representative*

2006316 Ontario Inc.

David White

Town of Penetanguishene

Alexandra Whyte*

County of Simcoe

Alexandra Whyte*

DECISION DELIVERED BY M. ARPINO AND ORDER OF THE TRIBUNAL

1This decision flows from a Settlement Hearing respecting an appeal by 2006316 Ontario Inc. (“Applicant”) from the failure of the Town of Penetanguishene (“Town”) to make a decision within the statutory timeframe pursuant to s. 34(11) of the Planning Act (“Act”).

EXHIBITS

2The Applicant called Celeste Phillips to testify, her Witness Statement was entered as Exhibit 1.

3The Parties submitted Minutes of Settlement which was entered as Exhibit 2.

BACKGROUND AND EVIDENCE

4The Applicant owns the property known municipally as 123 Robert Street East, in the Town (“Subject Property”). It is approximately 1.2 hectares in area. It is triangular in shape and is occupied by a single detached dwelling.

5The Subject Property is designated Settlements in the County of Simcoe’s Official Plan (“County OP”) and is located within the Built Boundary identified for the Town.

6The Subject Property is designated Neighbourhood Area In the Town’s Official Plan (“Town OP”).

7The Applicant is proposing a medium density residential development on the Subject Property. The proposed development does not accord with Comprehensive Zoning By-law (“By-law 2000-02”).

8The Applicant applied to amend By-law No. 2000-02. The matter before the Tribunal is the Applicant’s appeal to the Tribunal from the Town’s failure to make a decision on the application within the statutory timeframe as stipulated in s.34(11) of the Act (“Appeal”).

9At thesecond CMC the Parties informed the Tribunal that they had reached a settlement regarding the Appeal (“Settlement”). The Parties requested that the Tribunal set a one-day hearing to allow them to present the Settlement for consideration of the Tribunal.

10The Tribunal was informed that the Town passed Zoning By-law 2022-17 (“ZBA 2022-17”) which also amends By-law No. 2000-02. The Applicant appealed ZBA 2022-17. That appeal is not before the Tribunal in this Settlement Hearing.

11Ms. Whyte appeared as counsel for the County of Simcoe (“County”). She informed the Tribunal that the County supports the Settlement.

12The Applicant called Celeste Phillips to provide evidence in support of the Settlement.

13Ms. Phillips is a registered professional land use planner who has previously been qualified by the Tribunal to provide expert opinion evidence in matters related to land use planning.

14After hearing submissions and reviewing her curriculum vitae, the Tribunal qualified Ms. Philips to provide opinion evidence in land use planning matters related to the Settlement. Ms. Phillips confirmed that the Witness Statement is part of her evidence before the Tribunal.

15Ms. Phillips testified regarding the history of the proposed development, she provided contextual evidence regarding the Subject Property and the surrounding area.

16In 2021, the Applicant sought to construct 22 freehold townhomes, and a residential block with 11 rental townhomes with access over a private roadway.

SETTLEMENT

17Ms. Phillips testified that pursuant to the terms of the Settlement the Subject Property would be developed with 31 freehold townhouses.

18The Settlement does not provide for the construction of rental units on the Subject Property. The Parties submitted a development plan which provides for access to the residential units from public roads.

19The Settlement requires the Applicant to provide a 3 metre road widening along Robert Street East, a daylighting triangle at the intersection of Lecarron Avenue and Robert Street.

20The Applicant agreed to provide a land dedication of approximately 595 square metres at the east part of the Subject Property.

21The Parties collaborated and submitted the draft zoning by-law attached as Schedule A to this decision (“ZBA”).

22The ZBA rezones the Subject Property from the deferred Development “D” Zone to the Residential Fourth Density.

23The ZBA also amends the Regulations regarding the construction of Street Row House Dwellings on the Subject Property.

24Ms. Phillips stated that the Provincial Policy Statement, 2020 (“PPS”) encourages a range of housing options, including new development as well as residential intensification to respond to current and future needs. She opined that the proposed development would contribute to the Town’s long-term prosperity by providing an efficient use of land within a settlement area. She opined that the Settlement is consistent with the PPS.

25The Subject Property is within the area regulated by the A Place to Grow: Growth Plan for the Greater Golden Horsehoe: 2019 (“Growth Plan”). It was Ms. Phillips’ evidence that the Settlement represents the type of development that the Growth Plan encourages. She testified that in her professional opinion the Settlement conforms to the Growth Plan.

26Ms. Phillips testified that the County OP directs population growth to settlement areas. She opined that the Settlement conforms to the County OP policies to prioritize infill and intensification proposals.

27Ms. Phillips testified that the Settlement would assist the Town in meeting its intensification target set by the County.

28Ms. Phillips opined that the Settlement conforms with the objectives and policies of the County OP.

29Ms. Phillips provided a summary of the Town OP policies. It was her evidence that the Town OP supports residential intensification, particularly where the development can be accommodated by existing water, sanitary sewer services and storm water management facilities.

30It was Ms. Phillips’ evidence that the Settlement respects and reinforces the existing physical character of the streetscapes and open space areas. Ms. Phillips summarized her opinion that the Settlement conforms with the Town OP.

31It was Ms. Phillips’ professional opinion that the Settlement is appropriate and represents good planning.

LEGISLATIVE TESTS

32In making a decision under the Act with respect to the Appeal the Tribunal must have regard to matters of provincial interest as set out in s. 2 of the Act and must have regard to the decision of the approval authority and the information it considered under s. 2.1 of the Act. The decision must be consistent with the PPS and under s. 3.5 of the Act. The ZBA is required to conform with the Growth Plan, the County OP and the Town OP under s. 24(1) of the Act. Lastly, the ZBA must represent good planning in the public interest.

33Based on the uncontradicted opinion evidence of Mrs. Phillips and the Municipal Record the Tribunal finds that the proposed Settlement satisfies the aforenoted legislative tests.

34THE TRIBUNAL ORDERS that the Appeal is allowed and By-law No. 2000-02 of the Town of Penetanguishene is hereby amended as set out in Schedule A to this Order. The Tribunal authorizes the municipal clerk of the Town of Penetanguishene to assign a number to this by-law for record keeping purposes.

“M. Arpino”

m. arpino

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.