Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 5, 2022
CASE NO.: OLT-22-001979
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 announce a decision respecting Proposed Official Plan Amendment No. OPA20/17
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
BEFORE:
SHARYN VINCENT VICE-CHAIR
Monday, the 5th day of October, 2022
THIS MATTER having come on for a public hearing on July 4, 2022 and in its Decision issued July 14, 2022 (the “Interim Decision”) having allowed the appeals filed by TPC at Marlwood Inc. in file OLT-22-001979, in part, and having approved in principle the Official Plan Amendment and Zoning By-law Amendments included as Attachments 1 and 2 respectively, to the Interim Decision;
AND THE TRIBUNAL having withheld its final Order on the Official Plan Amendment and the Zoning By-law Amendment pending receipt of the instruments in final form;
AND THE TRIBUNAL having received confirmation from the parties that the Official Plan Amendment and the Zoning By-law Amendment are in final form;
THE TRIBUNAL ORDERS that in accordance with section 9 of the Ontario Land Tribunal Act, 2021, and in accordance with subsections 17(50) (as applicable via subsection 22(11)) and 34(26) of the Planning Act and on the consent of the parties:
The appeals filed by the Appellant in Case File No. OLT-22-001979 are allowed, in part;
The Tribunal hereby approves the Official Plan Amendment attached hereto as Attachment 1 to this Order;
The Tribunal hereby approves the Zoning By-law Amendment attached hereto as Attachment 2 to this Order;
The Tribunal authorizes the municipal clerk to format, as may be necessary, and assign a number to these by-laws for record keeping purposes; and
The Tribunal may be spoken to in the event that the Parties have any difficulty in implementing this Decision and Order.
“Euken Lui”
EUKEN LUI ACTING 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 1
ATTACHMENT 2