Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 11, 2022
CASE NO.: OLT-21-001696
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Brotto Investments Inc.
Subject: Application to amend Zoning By-law No. 1-2014 – Refusal of Application by the Town of Kingsville
Existing Zoning: Residential Zone 1 Urban, R1.1
Proposed Zoning: Site Specific Residential Zone 4 Urban R4.1-6
Purpose: To permit the development of a 22 unit, 3 storey apartment building
Property Address/Description: 183 Main St E
Municipality: Town of Kingsville
Municipality File No.: ZBA/18/19
OLT Case No.: OLT-21-001696
Legacy Case No.: PL210281
OLT Lead Case No.: OLT-21-001696
Legacy Lead Case No.: PL210281
OLT Case Name: Brotto Investments Inc. v. Kingsville (Town)
PROCEEDING COMMENCED UNDER section 53(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant: Brotto Investments Inc.
Subject: Consent
Description: To sever a residential lot
Municipal Reference Number: B/11/21
Property Address: 183 Main Street East
Municipality: Town of Kingsville
OLT Lead Case No.: OLT-21-001696
OLT Case No.: OLT-21-001154
PROCEEDING COMMENCED UNDER section 41(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant: Brotto Investments Inc.
Subject: Consent
Description: Referral of a site plan application
Municipal Reference Number: SPA/24/21
Property Address: 183 Main Street East
Municipality: Town of Kingsville
OLT Lead Case No.: OLT-21-001696
OLT Case No.: OLT-21-001289
BEFORE:
BLAIR S. TAYLOR
VICE-CHAIR
Tuesday, the 11th day of October, 2022
THESE MATTERS having come before the Tribunal and the Tribunal having issued a decision on August 5, 2022, withholding its final order pending the submission of the noted documentation, and the Tribunal having received the noted documentation;
THE TRIBUNAL ORDERS that the consent appeal is allowed in part and provisional consent is granted, as outlined in the revised consent sketch contained in Attachment ‘1’ and subject to the revised Consent Conditions contained in Attachment ‘2’;
AND THE TRIBUNAL ORDERS that pursuant to s. 53(43) of the Planning Act the provisional consent will lapse 2 years from the issuance date of the Final Order;
AND THE TRIBUNAL FURTHER ORDERS that the rezoning appeal is allowed in part and By-law No. 1-2014 is amended as contained in Attachment ‘3’;
AND THE TRIBUNAL FURTHER ORDERS that the site plan prepared by Architectural Design Associated Inc. dated September 16, 2022, is approved subject to the conditions set out in Attachment “4” to this 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”
PROPOSED CONSENT CONDITIONS (B/07-21)
183 MAIN STREET EAST
PART OF LOT 2, CONCESSION 1 ED
Approve Consent Application B/07/21 to:
- Create one lot, shown as Lot 1 (“Severed Lands”) on the applicants’ sketch, having 29.7 m (97.4 ft.) of frontage on Main St E, and lot area of 1,205.4 sq. m (12,971 sq. ft.), from Part of Lot 2, Concession 1 ED known as 183 Main St E, in the Town of Kingsville, with the remaining lands shown as Lot 2 (“Retained Lands”) on the applicants’ sketch, having 12.8 m (42 ft) of frontage on Main St E, and lot area of 2,999 sq. m (32,281 sq. ft.), subject to the following conditions:
a. That a reference plan be deposited in the registry office, both an electronic and paper copy of the registered plan is to be provided to the Town;
b. That any special assessment imposed pursuant to the provisions of the Local Improvement Act and/or Municipal Act be paid in full along with all municipal taxes;
c. That as a result of the severance, owners shall become liable by way of up front monies for the assessment and taxation of their properties for any waterworks or sanitary sewer systems affecting their properties, in accordance with the Fees By-law in effect on the date of certification of the deed;
d. That the necessary deed(s), transfer or changes be submitted in triplicate, signed and fully executed (no photocopies), including a copy of the reference plan, prior to certification;
e. That the applicant provide confirmation of service connection locations and install new sanitary sewer, water and storm sewer connections to the applicable parcel to the satisfaction of the Town;
f. That the applicant dedicates lands up to 3m (10 ft) in width along the entire property frontage abutting Main Street East for the purposes of road widening.
g. That all buildings and structures located on the retained lands (Lot 2) be removed;
h. That cash-in-lieu of parkland ($1,500), be paid to the Town;
i. The conditions imposed above shall be fulfilled by ______________, 202_ or this application shall be deemed to be refused in accordance with Section 53(41) of the Planning Act.
- Establish a permanent right-of-way over the retained lands in favour of the severed lands for the purpose of shared access, subject to the following conditions:
a. That a reference plan be deposited in the registry office, both an electronic and paper copy of the registered plan is to be provided to the Town;
b. That the necessary deed(s), transfer or changes be submitted in triplicate, signed and fully executed (no photocopies), including a copy of the reference plan, prior to certification;
c. The conditions imposed above shall be fulfilled by _______________, 202_ or this application shall be deemed to be refused in accordance with Section 53(41) of the Planning Act.
ATTACHMENT “3”
THE CORPORATION OF THE TOWN OF KINGSVILLE BY-LAW 29-2021
Being a by-law to amend By-law No. 1-2014,
The Comprehensive Zoning By-law for the Town of Kingsville
WHEREAS By-law No. 1-2014 is the Town’s Comprehensive Zoning By-law to regulate the use of land and the character, location and use of building and structures in the Town of Kingsville;
AND WHEREAS the Council of the Corporation of the Town of Kingsville deems it expedient and in the best interest of proper planning to further amend By-law 1-2014 as herein provided;
AND WHEREAS there is an Official Plan in effect in the Town of Kingsville and this By-law is deemed to be in conformity with the Town of Kingsville Official Plan;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF KINGSVILLE ENACTS AS FOLLOWS:
- That Subsection 6.4.1 RESIDENTIAL ZONE 4 URBAN EXCEPTIONS is amended with the addition of the following new subsection:
6.4.1.6 ‘RESIDENTIAL ZONE 4 URBAN EXCEPTIONS 6 (R4.1-6)’
For lands shown as R4.1-6 on Map 72 (183 Main St. E.) Schedule “A” of this By-law.
a) Permitted Uses
Those use permitted under Section 6.4.1 limited to an apartment dwelling
b) Permitted Buildings and Structures
An apartment dwelling – (maximum 22 dwelling units)
Buildings and structures accessory to the main use
c) Zone Provisions
Notwithstanding any other provisions of the by-law to the contrary the following site- specific provisions shall apply to lands zoned R4.1-6.
i) Lot Frontage – 12.5 m, minimum
ii) Maximum Permitted Height – 12.2 m
iii) Rear Yard Setback – 7.5 m, minimum
d) Location of Parking Spaces
Notwithstanding any other provisions of the by-law to the contrary, parking for the permitted uses and structures may also be located in the interior (east) side yard.
Schedule “A”, Map 72 of By-law 1-2014 is hereby amended by changing the zone symbol on lands known municipally as Part of Lot 2, Concession 1 ED and locally known as 183 Main St. E, as shown on Schedule “A” in cross-hatch attached hereto from ‘Residential Zone 1 Urban, (R1.1)’ to ‘Residential Zone 4 Urban Exception 6, (R4.1-6)’
This by-law shall come into force and take effect from the date of passing by Council and shall come into force in accordance with Section 34 of the Planning Act, R.S.O. 1990 Chapter P.13, as amended.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS DAY OF , 2022.
SCHEDULE A