Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 14, 2023
CASE NO(S).: OLT-23-000062
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: 588922 Ontario Inc.
Subject: Zoning By-law Amendment Application – refusal
Description: To permit storage of precast manufactured products
Reference Number: Z05-2022
Property Address: Lot on Prince Albert St. (Part Lot 17 of Plan 202, Part Lots 222-225 of Plan 204, and Part 1 of RP22R3363, Stephen Ward)
Municipality/UT: South Huron/Huron County
OLT Case No.: OLT-23-000062
OLT Lead Case No.: OLT-23-000062
OLT Case Name: 588922 Ontario Inc. v. South Huron (Municipality)
Heard: August 25 2023 by video hearing
APPEARANCES:
Parties
Counsel
588922 Ontario Inc. ("Stubbe’s Precast")
A. Baroudi
Municipality of South Huron
E. Veldboom
MEMORANDUM OF ORAL DECISION DELIVERED BY A. SAUVE ON AUGUST 25, 2023 AND ORDER OF THE TRIBUNAL
Link to the Order
INTRODUCTION
1This Decision is in regard to a Settlement hearing concerning an Appeal of a decision by the Municipality of South Huron ("South Huron") Council to refuse an application for a Zoning By-Law Amendment ("ZBA") pertaining to the property described as Part Lot 17 of Plan 202, Part Lots 222 to 225 of Plan 204, and Part 1 of RP22R3363, Stephen Ward ("subject lands").
2The subject lands are currently vacant and used as an agricultural field. The Applicant, Stubbe’s Precast, intends to use the subject lands for outdoor storage of precast manufactured products produced at its existing precast manufacturing facility. Stubbe’s Precast may add a precast manufacturing facility on the subject lands at some time in the future.
3This matter had been scheduled for a second CMC, however the Parties requested that it be converted to a Settlement hearing.
PROPOSED SETTLEMENT
4The subject lands are currently designated Urban on Schedule D of the South Huron Official Plan ("OP") and zoned D (Future Development) in the South Huron Zoning By-Law ("ZBL") No. 69-2018. The purpose of the proposed ZBA is to:
a. Rezone the subject lands to "M1-12-H". This zone would be a special M1 (Light Industrial) zone to permit the outdoor storage of precast manufactured products on the property.
b. Add a holding symbol, which would permit a precast manufacturing facility in the future once the holding provision is removed. The holding symbol may be removed once an acceptable study addresses off-site impacts of the proposed use, such as noise and dust.
c. Require a minimum 20 metres wide landscaped buffer adjacent to the north and west property lines, which will contain a minimum three metres high berm and/or sound wall.
PARTICIPANT REQUESTS
5The Tribunal had previously received Participant Status requests from Karen Atkinson and Gary Caslick. Both are neighbours of the subject lands and oppose this Appeal. Neither Party objected to these Participant Status requests and they were granted.
6A third Participant Status request by Christian Prémont was submitted late in this process. Mr. Prémont is also a neighbour of the subject lands and opposes this Appeal. Stubbe’s Precast objected to this request based it not being filed in a timely manner. South Huron did not raise any issues. The Participant Status request was granted, as it raised the same issues as the other requests and would not create any prejudice to Stubbe’s Precast.
EXHIBITS
7The Tribunal had at the previous CMC, made the Affidavit of Service Exhibit #1. The Parties submitted for this Settlement Conference the Affidavit of Craig Metzger which was marked as Exhibit #2
EVIDENCE
8The Parties offered as the lone witness Registered Professional Planner Craig Metzger. The Tribunal found Mr. Metzger qualified to give expert opinion evidence on matters of land use planning. The Tribunal accepted fully the uncontroverted and unchallenged evidence of Mr. Metzger.
9Mr. Metzger reviewed the ZBA against the following requisite legislative tests:
a) The ZBA has due regard for the matters set out in section 2 of the Planning Act;
b) Is consistent with the Provincial Policy Statement 2020 ("PPS");
c) Conforms with the Official Plans of the County of Huron ("Huron OP") and the Municipality of South Huron ("South Huron OP");
d) Represents good planning.
10Mr. Metzger informed the Tribunal that the proposed ZBA has two essential components. First, it would permit the outside storage of precast concrete products. Second, it would permit the establishment of a precast concrete manufacturing facility. However, said the facility will be subject to a holding provision ("H symbol") which requires the Applicant to submit further studies, acceptable to the municipality, addressing off-site impacts such as noise and dust. Until the H symbol is removed the only new use that can be established on the property is the outdoor storage of manufactured products and related accessory uses.
11In support of its ZBA application, Stubbe’s Precast commissioned a Traffic Impact Study, a Planning Justification Report, a Conceptual Storm Water Management and Servicing Report, and a Conceptual Site Layout. After a brief discussion of the studies and reports Mr. Metzger opined that the ZBA has due regard for the matters set out in s. 2 of the Planning Act including but not limited to the adequate provision and efficient use of communication, transportation, sewage and water services and waste management systems and the appropriate location of growth and development. Based on the uncontested opinion of Mr. Metzger the Tribunal is satisfied that the ZBA has due regard for the matters set out in s. 2 of the Planning Act.
12Mr. Metzger, in his evidence, opined that the ZBA is consistent with the PPS, in particular the policies found in s. 1.1 for managing and directing growth for sustaining healthy, livable, and safe communities and in s. 1.3 and 1.7 for promoting economic development, competitiveness and long-term economic prosperity. The proposed ZBA furthers those policies through its promotion of a development pattern that will assist in sustaining the financial well-being of the municipality over the long term without preventing a potential future settlement boundary expansion. The ZBA would promote the expansion of an existing business that would continue the diversification of South Huron’s economic base.
13Mr. Metzger also gave evidence that the rezoning would further the PPS mandate that growth and development be focused in settlement areas, that land be used efficiently, and be supportive of freight movement. The subject land is located in a settlement area and the proposed ZBA allows for the direct use of Highway 4 which will support the movement of freight. Also, land use compatibility is enhanced through the rezoning’s requirement for a buffer and berm/sound wall and the limiting of the placement and use of outdoor lighting to minimize potential adverse effects.
14Based on the uncontested testimony of Mr. Metzger the Tribunal finds that the ZBA is consistent with the PPS.
15Mr. Metzger also provided the Tribunal with evidence that the ZBA conforms with both the Huron OP and South Horon OP. The Huron OP recognizes the importance of manufacturing uses to the County economy and one of the community directions in the Economy section is the retention and creation of jobs. The need for an adequate supply of serviced industrial lands is also noted in the policies of that section.
16The South Huron OP promotes industrial growth in existing urban areas in s. 2.6. Section 7.8.3 promotes providing the opportunity for new industrial development to meet the needs of the settlement area and surrounding community and ensures compatibility through setbacks and site design.
17Section 7.8.4.5 lists the requirements for industrial development by rezoning:
a) Municipal services and storm drainage availability;
b) A high standard of site design including buffering, berms, landscaping, screening and setbacks;
c) Limited vehicle driveways designed for safe circulation;
d) Outside storage protected from general view;
e) Appropriate buffering measures to attain compatibility with Ministry of the Environment guidelines.
18As discussed above, the proposed ZBA takes into account these factors. Based on the uncontested evidence of Mr. Metzger the Tribunal finds that the proposed ZBA meets these requirements and conforms to the South Huron OP.
19Based on the totality of the evidence provided by Mr. Metzger the Tribunal also finds that the proposed ZBA represents good planning.
ISSUES RAISED BY PARTICIPANTS
20Mr. Metzger also provided the Tribunal with a response to each of the Participant Statements provided. The Tribunal finds that the issues raised by the Participants have been addressed by this ZBA proposal. In particular, the issues of light pollution and noise pollution have been adequately addressed by the Parties by the measures discussed in paragraph 13.
ORDER
21THE TRIBUNAL ORDERS THAT the appeal is allowed.
22THE TRIBUNAL ORDERS THAT By-Law No. 69-2018 of the Municipality of South Huron is amended as set out in Attachment 1.
"A. Sauve"
A. SAUVE
MEMBER
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