Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 28, 2023
CASE NO(S).: OLT-23-000582
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Sheila Martin
Subject: By-law No. 91-2023
Description: 95-unit affordable rental residential development with support services
Reference Number: PL202300031
Property Address: 55 Croydon Street
Municipality/UT: Chatham-Kent / Chatham-Kent
OLT Case No.: OLT-23-000582
OLT Lead Case No.: OLT-23-000582
OLT Case Name: Martin v. Chatham-Kent
Heard: November 24, 2023 by video hearing
APPEARANCES:
| Parties | Counsel/Representative* |
|---|---|
| Sheila Martin (“Appellant”) | Self-represented |
| Municipality of Chatham-Kent (“Municipality”) | David Taylor* |
| Indwell Community Homes (“Applicant”) | Paula Lombardi* |
MEMORANDUM OF ORAL DECISION DELIVERED BY JEAN-PIERRE BLAIS ON NOVEMBER 24, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The matter before the Tribunal is an appeal by the Appellant, pursuant to s. 34(19) of the Planning Act, R.S.O 1990, c. P. 13, as amended (“Act”), against Zoning By-law No. 91-2023 (“ZBA”) adopted by the Municipality on May 17, 2023. The ZBA was to implement a proposal by the Applicant to redevelop a property known municipally as 55 Croydon Street in the Municipality. The Applicant originally intended to develop 95 “affordable” rental units with support services for tenants in two phases (“Proposed Development”).
2A second Case Management Conference (“CMC”) was set to occur on November 24, 2023. However, the Appellant, the Applicant and the Municipality came to a settlement agreement as evidenced by Minutes of Settlement dated November 22, 2023, and marked as Exhibit 1 (“Proposed Settlement”). The Proposed Settlement includes modifications to the ZBA adopted by the Municipality. These modifications include the addition of a holding symbol pending the approval of a Site Plan Control application, prescribing the permitted institutional uses, limiting the maximum number of dwelling units to 70 and prescribing standards for side yards, front yard, back yard, lot area, lot frontage, setbacks and building height. In addition, the Applicant agreed to hold a public information center to present its final site plan.
3The CMC was converted into a settlement hearing.
4Although the matter now before the Tribunal arises from a settlement, the Tribunal must nevertheless be satisfied that the elements of the Proposed Settlement, which are within the jurisdiction of the Tribunal, meet all the legislative tests.
EVIDENCE
5Tom Storey provided uncontested evidence in support of the Proposed Settlement. Mr. Storey, retained by the Applicant, was qualified by the Tribunal as an expert in land use planning. His evidence was set out in an Affidavit dated November 23, 2023 and marked as Exhibit 2. His evidence reflects the proposed revisions to the ZBA.
CONCLUSION
6Having received, reviewed, heard and considered the uncontested professional opinion of Mr. Storey, the Tribunal accepts his evidence and finds that the Proposed Development has regard to matters of provincial interest in s. 2 of the Act, is consistent with the Provincial Policy Statement, is in conformity with the Municipality’s Official Plan and otherwise reflects the principles of good land use planning.
ORDER
7THE TRIBUNAL ORDERS that the appeal is allowed in part and By-law No. 216-2009, as amended, of the Municipality of Chatham-Kent is further amended as set out in Attachment 1 to this Order. The Tribunal authorizes the municipal clerk of Chatham-Kent to assign a number to this by-law for record keeping purposes.
“Jean-Pierre Blais”
JEAN-PIERRE BLAIS 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
A By-law to Amend Zoning By-law 216-2009 Municipality of Chatham-Kent (Indwell Community Homes)
That Schedule “A” of the By-law 216-2009, as amended, of the Municipality of Chatham-Kent, be amended by changing the zoning classification from Institutional (I) to Institutional-1670 – Holding (H-I-1670) on the lands so depicted on Schedule “A” hereto annexed and also forming part of this by-law.
That Schedule “B” Zone Exceptions of the said By-law 216-2009, be amended by adding to the list of Exception No., the following: 1670
That Schedule “B” Zone Exceptions of the said By-law 216-2009, be amended by adding to the list of Special Zone Symbols, the following: H-I-1670
That Schedule “B”, Zone Exceptions, of the said By-law 216-2009, be amended by adding the following Exception Areas:
1670 H-I-1670
a) Despite Clause b) of Subsection 4.13, until the Holding "H" Symbol is removed, the permitted uses include and are limited to the following: i. Child Care Centre ii. Clinic iii. Senior Citizen Dwelling iv. Museum v. Nursing Home
b) The Holding “H” Symbol may be removed by by-law passed under Section 36 of the Planning Act when a Site Plan Control application has been approved.
c) Upon removal of the Holding “H” Symbol, the permitted uses include the following: i. Supportive Housing – means public, private or non-profit owned housing that provides supports for people who have specific needs, beyond economic needs, which may include but are not limited to mobility requirements or support functions required for daily living.
The following regulations shall apply to a Supportive Housing use: i) Minimum required off-street parking – 0.5 spaces per unit. ii) Lot area minimum – 9,889 sq. m iii) Lot frontage minimum – 26.8 2m iv) Front yard depth minimum – 7.62 m v) Rear yard depth minimum – 7.62 m vi) Maximum building height – 8.6 m vii) Interior side yard minimum – 11 m viii) Exterior side yard minimum – 7.6 2m ix) Lot Coverage maximum – 36% Maximum number of dwelling units - 70
Schedule A to Attachment 1