Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 26, 2023
CASE NO(S).: OLT-23-000585
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Stanley Stewart
Subject: Application to amend the Zoning By-law – Refusal of application
Description: To permit an accessory dwelling unit and to the reduction of the interior side yard setback.
Reference Number: Z/11/23
Property Address: 2128 Adjala-Tecumseth Townline
Municipality/UT: Adjala-Tosorontio/Simcoe
OLT Case No: OLT-23-000585
OLT Lead Case No: OLT-23-000585
OLT Case Name: Stewart v. Adjala-Tosorontio (Township)
Heard: October 20, 2023 by video hearing
APPEARANCES:
| Parties | Counsel/Representative* |
|---|---|
| Stanley Stewart (“Appellant”) | Self-represented* |
| Jennifer Coreman and Jazmin Atuahene (“Owners”) | In absentia |
| Township of Adjala-Tosorontio | James J. Feehely |
MEMORANDUM OF ORAL DECISION DELIVERED BY STEVEN T. MASTORAS ON OCTOBER 20, 2023 AND ORDER OF THE TRIBUNAL
Link to Final Order
INTRODUCTION
1The matter before the Tribunal is a Settlement Proposal (“Settlement”) between Stanley Stewart (“Appellant”) with the concurrence of the Township of Adjala-Tosorontio (“Township”) relating to 2128 Adjala Tecumseth Townline (“Subject Property”) pursuant to an appeal of the Township’s refusal of a Zoning By-law Amendment (“ZBA”) under s. 34 (11) of the Planning Act (“Act”) and to the reduction of the interior side yard setback (the “Appeal”).
2The purpose of the ZBA application is to facilitate a proposed accessory residential unit to the Subject Property which currently contains a single-family dwelling unit. The proposed ZBA would rezone the Subject Property, from Hamlet Residential One (HR1) Zone to Hamlet Residential One Exception 35 (HR1-35) Zone.
3The Tribunal was in receipt of an Affidavit confirming Notice of this Hearing dated August 23, 2023, by Stanley Stewart, marked as Exhibit 1.
4The Tribunal was also in receipt of a Witness Affidavit from Jaclyn Cook, Planning Technician from the Township, dated October 5, 2023 and marked as Exhibit 2. A copy of the Minutes of Settlement, dated October 10, 2023, is marked as Exhibit 3, and the Municipal Record is marked as Exhibit 4.
STATUS REQUESTS AND BACKGROUND
5There were no other requests for Party or Participant Status.
6The matter was originally before the Council of the Township (“Council”) by way of an application of the owners to amend the Township's Zoning By-law No. 03-57 (“ZBL”) to permit an accessory dwelling unit and to permit the reduction of the interior side yard setback from 3.0 metres to 1.5 metres (“m”). Both applications were refused by Council and subsequently appealed to the Tribunal. At the Hearing, Parties advised the Tribunal that the side yard setback matter was resolved and therefore, on consent, is withdrawn.
ISSES
7When adjudicating such appeals, the Tribunal must determine whether the proposed amendments specific to this Subject Property:
i. are consistent with policy statements issued by the Minister, which in this case is the Provincial Policy Statement, 2020 (“PPS”), and conforms with the Growth Plan for the Greater Golden Horseshoe (A Place to Grow) 2019 and 2020 (“Growth Plan”)
ii. conforms with applicable official plans which in this case, includes the County of Simcoe (“COP”) and Township of Township of Adjala-Tosorontio Official Plan (“TOP”); and
iii. represents good planning.
8In making a determination, the Tribunal must also have regard for matters of Provincial interest set out in s. 2 of the Planning Act and have regard to the information and materials that Council received in relation to the matters under s. 2.1 of the Act.
SETTLEMENT PROPOSAL AND PLANNING EVIDENCE
9The Parties agreed to allow evidence regarding the Settlement to proceed with Ms. Jaclyn Cook as the only witness to testify before the Tribunal. The only matter before the Tribunal at this stage is the Settlement Proposal (“Settlement”) as it relates to the ZBA and Ms. Cook was qualified by the Tribunal to provide evidence in her capacity as a Certified Planning Technician for the Township.
10Ms. Cook outlined the brief history of the matter frequent reference was given to her Planning Report (“PR”) dated June 14, 2023, as part of Exhibit 2.
Township of Adjala-Tosorontio Zoning By-law (“ZBL”)
11The amendment of the ZBL as it is presented in the Settlement was necessary based on the fact that it is outdated, and proposes the following be approved by the Tribunal as referenced in Attachment 1 that follows:
THAT Schedule “B-1” of By-law No. 03-57, as amended, is hereby further amended by changing the zoning on Part of Lot 10, Concession 8, geographic Township of Adjala, from Hamlet Residential One (HR1) Zone to Hamlet Residential One Exception 35 (HR1-35) Zone, as shown cross-hatched on Schedule “A”, attached hereto.
THAT Section 18.3 – Zone Exceptions for the Hamlet Residential One (HR1) Zone in By-law No. 03-57, as amended, is hereby further amended by adding the following:
Section 18.3.35 (HR1-35 Zone)
Schedule B-1, Part Lot 10, Con 8, geographic Township of Adjala.
Notwithstanding anything to the contrary found in this By-law, the zoning of lands described as Part of Lot 10, Concession 8 (geographic Township Adjala) is hereby further amended to permit an accessory dwelling unit.
Notwithstanding anything to the contrary found in this By-law, the following provisions shall apply to the structure:
i. That no more than one (1) accessory dwelling unit shall be permitted.
All other provisions of the Hamlet Residential One (HR1) Zone shall apply.
- THAT Schedule “A” is hereby declared to form part of this By-law.
That this By-law shall come into force on the date of passage and take effect the day after the last date for filing a notice of appeal, where no notice of appeal is received, or, where a notice of appeal is received, upon the approval of the Ontario Land Tribunal, and in either case, in accordance with the provisions of the Planning Act, R.S.O. 1990, Ch. P. 13, as amended.
That notwithstanding anything contrary to the rules of procedure, this By-law having been introduced and read a first and second time and be considered read a third time and finally passed this _____ day of __________ 2023.
12The witness confirmed that the ZBL is currently not up-to-date and the ZBA, is therefore required in this instance and as presented, represents good land use planning.
Provincial Policy Statement 2020 (“PPS”)
13Ms. Cook testified that the Settlement is consistent with the requirements of the PPS, specifically as it relates to the accessory unit and encourages the Tribunal to concur with the Settlement.
14Because the Subject Property lies within the Hamlet of Colgan, and requires the ZBA as it relates to the accessory unit, Ms. Cook references the following sections of the PPS in Exhibit 2:
1.1.3.1 Settlement areas shall be the focus of growth and development.
1.1.3.2 Land use patterns within settlement areas shall be based on densities and a mix of land uses which:
a) efficiently use land and resources;
b) are appropriate for, and efficiently use, the infrastructure and public service facilities which are
planned or available, and avoid the need for their unjustified and/or uneconomical expansion;
c) minimize negative impacts to air quality and climate change, and promote energy efficiency;
d) prepare for the impacts of a changing climate;
e) support active transportation;
f) are transit-supportive, where transit is planned, exists or may be developed; and g) are freight-supportive.
Land use patterns within settlement areas shall also be based on a range of uses and opportunities for intensification and redevelopment in accordance with the criteria in policy 1.1.3.3, where this can be accommodated.
1.1.3.3 Planning authorities shall identify appropriate locations and promote opportunities for transit-supportive development, accommodating a significant supply and range of housing options through intensification and redevelopment where this can be accommodated taking into account existing building stock or areas, including brownfield sites, and the availability of suitable existing or planned infrastructure and public service facilities required to accommodate projected needs.
1.1.3.4 Appropriate development standards should be promoted which facilitate intensification redevelopment and compact form, while avoiding or mitigating risks to public health and safety.
Growth Plan for the Greater Golden Horseshoe (A Place to Grow) 2019 and 2020 (“Growth Plan”)
15In her written and oral evidence, Ms. Cook testified that the application conforms with the Growth Plan with specific regard for intensification of existing built-up settlement areas, and not within or adjacent to any significant natural heritage features.
County of Simcoe Official Plan 2016 (“COP”) and Township of Adjala-Tosorontio Official Plan 2000 (“TOP”)
16Ms. Cook opines that the Application conforms with the COP, as approved in 2016 based on the 2008 plan, as the site is designated as Settlement and is compatible in that this is where development should be directed pursuant to the following section:
3.3.7 Development, including lot creation, is discouraged outside of but adjacent to, or in close proximity to settlement area boundaries in order to enable the efficient expansion of settlement areas.
17Regarding the TOP, Ms. Cook opines that the within the Hamlet of Colgan, the Application conforms with and “reinforces its vision and objectives” and highlights the following:
The existing Official Plan designates the property for residential use and permits the inclusion of an accessory dwelling unit, as outlined below:
4.6.1.8 Duplex dwellings, semi-detached dwellings and small apartment buildings will be permitted in the Residential areas, provided approval has been granted by the Simcoe County District Health Unit.
Based on the information provided, it is staffs opinion that the proposed development not only conforms to the Township of Adjala-Tosorontio Official Plan, but it re-enforces the vision and objectives of the Township's Official Plan.
18Ms. Cook concludes that the Settlement is in conformity with both the COP and the TOP, and therefore fully satisfies the requirement pursuant to the Act regarding both Official Plans.
[Section 2](https://www.canlii.org/en/on/laws/stat/rso-1990-c-p13/latest/rso-1990-c-p13.html#sec2_smooth) of the [Act](https://www.canlii.org/en/on/laws/stat/rso-1990-c-p13/latest/rso-1990-c-p13.html)
19Ms. Cook opines that following her review of the Settlement, and the proposed ZBA as per the attachments referenced in her witness statement, in her professional opinion, professional opinion that the settled ZBA has appropriate regard for the matters of Provincial interest set out in s. 2 of the Act.
20Specifically, Ms. Cook opined that there two areas whereby the application has regard to including:
s. 2 (h) the orderly development of safe and healthy communities; and,
(j) the adequate provision of a full range of housing, including affordable housing.
21Finally, Ms. Cook concludes that the Settlement is consistent with the PPS, conforms with the Growth Plan, and conforms with the COP, the TOP, has appropriate regard for s. 2 of the Act, and represents good land use planning.
ANALYSIS AND DISPOSITION
22Based on the uncontroverted oral testimony and written evidence of Ms. Cook as provided in Exhibit 2, along with the consent of the Parties, the Tribunal concurs with the terms of the Settlement and will allow the ZBA as proposed.
23The Tribunal also concludes that the Settlement, on a site-specific basis, is appropriate and agrees with the proposed ZBA, finds that it properly and effectively represents good land use planning, has regard for environmental considerations, and establishes reasonable conditions having regard for housing needs and economic benefit to the community.
ORDER
24THE TRIBUNAL ORDERS that the appeal is allowed in part and By-law No. 03-57 is hereby amended as set out in Attachment 1 to this Order; and,
a) The Tribunal authorizes the municipal clerk of the Township of Adjala-Tosorontio to assign a number to this by-law for record keeping purposes;
“Steven T. Mastoras”
STEVEN T. MASTORAS
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.
ATTACHMENT 1
The Corporation of The Township of Adjala-Tosorontio
By-law No. 23- XX
A By-law to amend Zoning By-law 03-57, as amended, of the Township of Adjala-Tosorontio
Part of Lot 10, Concession 8, on Registered Plan 51R3506; Part 2, geographic Township of Adjala, 2128 Adjala-Tecumseth Townline (4301-010-002-18300)
Whereas Zoning By-law No. 03-57, as amended, constitutes the comprehensive Zoning By-law for the Township of Adjala-Tosorontio save and except those lands within the Oak Ridges Moraine area;
AND WHEREAS it is deemed necessary and desirable to further amend By-law No. 03-57, as amended;
AND WHEREAS this amendment will conform to the Official Plan of the Township of Adjala-Tosorontio;
Now Therefore the Council of The Corporation of The Township of Adjala-Tosorontio enacts as follows:
THAT Schedule “B-1” of By-law No. 03-57, as amended, is hereby further amended by changing the zoning on Part of Lot 10, Concession 8, geographic Township of Adjala, from Hamlet Residential One (HR1) Zone to Hamlet Residential One Exception 35 (HR1-35) Zone, as shown cross-hatched on Schedule “A”, attached hereto.
THAT Section 18.3 – Zone Exceptions for the Hamlet Residential One (HR1) Zone in By-law No. 03-57, as amended, is hereby further amended by adding the following:
Section 18.3.35 (HR1-35 Zone)
Schedule B-1, Part Lot 10, Con 8, geographic Township of Adjala.
Notwithstanding anything to the contrary found in this By-law, the zoning of lands described as Part of Lot 10, Concession 8 (geographic Township Adjala) is hereby further amended to permit an accessory dwelling unit.
Notwithstanding anything to the contrary found in this By-law, the following provisions shall apply to the structure:
ii. That no more than one (1) accessory dwelling unit shall be permitted.
All other provisions of the Hamlet Residential One (HR1) Zone shall apply.
- THAT Schedule “A” is hereby declared to form part of this By-law.
That this By-law shall come into force on the date of passage and take effect the day after the last date for filing a notice of appeal, where no notice of appeal is received, or, where a notice of appeal is received, upon the approval of the Ontario Land Tribunal, and in either case, in accordance with the provisions of the Planning Act, R.S.O. 1990, Ch. P. 13, as amended.
That notwithstanding anything contrary to the rules of procedure, this By-law having been introduced and read a first and second time and be considered read a third time and finally passed this _____ day of __________ 2023.
Scott W. Anderson, Mayor
Robin Reid, Clerk
Schedule “A”
To
By-law No. 23 – __