Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 28, 2023
CASE NO(S).: OLT-23-000551
PROCEEDING COMMENCED UNDER subsection 28(5) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant: William Brian Callery
Subject: Proposed Amendment to Community Improvement Plan
Description: The Community Improvement Plan proposes a series of programs and financial incentives to promote continued investment and revitalization in the Downtown.
Reference Number: BL 31-23
Property Address: 204 Casimir Street
Municipality/UT: Scugog/Durham
OLT Case No: OLT-23-000551
OLT Lead Case No: OLT-23-000551
OLT Case Name: Callery v. Scugog (Township)
Heard: December 11, 2023 by Written Hearing
APPEARANCES:
Parties
Counsel/Representative*
William Brian Callery
Self-Represented*
Township of Scugog
J. Mark Joblin Alexandra Whyte
DECISION DELIVERED BY S.L. DIONNE ON DECEMBER 11, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The matter before the Tribunal is an appeal pertaining to the adoption of a Community Improvement Plan for the Downtown Port Perry Area pursuant to s. 28(5) of the Planning Act, R.S.O., 1990 c.P.13 (“Act”). The provisions of s. 28 of the Act provide for a Municipality, to designate an area as a Community Improvement Project Area (“CIPA”), and to prepare and adopt a Community Improvement Plan (“CIP”) for the area, where the Municipality has policies in this regard in its Official Plan.
2On April 24, 2023, the Council for the Township of Scugog (“Township”) passed By-law No. 31-23 to adopt the Downtown Port Perry Community Improvement Plan (“PPCIP”) as provided for by way of policies set out in the Township of Scugog Official Plan (“TOP”).
3William Brian Callery (“Appellant”) owns the property municipally known as 204 Casimir Street, located on the southwest corner of Perry and Casimir Streets in Port Perry (“Subject Property”). Mr. Callery appealed Council’s decision due to his property not being included within the boundary of the Port Perry Downtown Community Improvement Project Area (“PPCIPA”).
4The Tribunal notes there are no other appeals of the PPCIP, nor requests for status in respect of this matter.
5A Case Management Conference (“CMC”) on this matter was held on October 10, 2023, at which time the Tribunal was advised that there were positive discussions happening between the Township and the Appellant, and that a settlement was expected to be reached. A second CMC was scheduled for December 11, 2023 and, it was anticipated that in the event a settlement was reached, it could be converted to an oral or written settlement hearing.
6The Parties entered into Minutes of Settlement (“MOS”) on November 24, 2023, and in accordance therewith, the Parties indicated their support for the PPCIP to be modified to include the Subject Property within the PPCIPA (“Revised PPCIP”).
7The Tribunal received and marked the Affidavit of Jonathan Hack, a Registered Professional Planner and Professional Land Economist, sworn on November 27, 2023 as Exhibit 1. The Tribunal, having reviewed Mr. Hack’s Curriculum Vitae and signed Acknowledgment of Expert’s Duty, qualified Mr. Hack as an expert in land use planning with experience in the preparation of CIPs. The Tribunal accepted and relied on Mr. Hack’s uncontroverted Affidavit evidence in this matter.
8In addition, the Tribunal acknowledged the receipt of written submissions on behalf of the Township in support of the settlement. The Tribunal marked the Revised PPCIP, as filed by the Township on November 30, 2023, as Exhibit 2.
ANALYSIS AND FINDINGS
9The Tribunal notes that s.17(50) of the Act applies with necessary modifications in respect of a CIP pursuant to s.28(5) of the Act. A Revised PPCIP has been submitted to the Tribunal for its consideration. The Tribunal may approve all or part of the plan, or may make modification to all or part of the plan.
10For a municipality with a CIP in effect, subsection 28(6) of the Act provides powers that Council may exercise in respect to lands that it owns and/or leases within the CIPA. Additionally, s. 28(6) of the Act provides for Council to make grants or loans, to registered owners, assessed owners, and tenants of lands and buildings in the CIPA, to pay for eligible costs related to the implementation of a CIP.
11The Revised PPCIP is intended to promote the improvement of existing commercial space and development (or re-development) of underutilized lots within the PPCIPA and is part of a broader commitment of the Township to enhance the cultural and heritage assets of its communities and promote tourism opportunities. The Revised PPCIP offers financial incentive programs for private owners, designed to:
improve existing retail and commercial areas;
facilitate and encourage the creation of additional, secondary uses within buildings;
encourage new development through infill and intensification opportunities and redevelopment; and
to enhance the aesthetics and character of key retail strips within the Downtown.
12The Revised PPCIP supports long-term economic prosperity as set out in the section 1.7.1 of the Provincial Policy Statement (“PPS”) by a) promoting opportunities for economic development and community investment-readiness; d) maintaining and, where possible, enhancing the vitality of a viability of downtowns and main streets; and e) encouraging a sense of place, by promoting well-designed built form and cultural planning, and by conserving features that help define character, including built heritage resources and cultural heritage landscapes.
13The Subject Property is designated Residential in the TOP and is subject to a site-specific exception under the Township of Scugog Zoning By-law (“ZBL”), denoted as R2-2, to permit a business, professional or administrative office. The Subject Property is also listed as being of heritage significance.
14Upon review of the evidence, the Tribunal is satisfied that the Subject Property ought to have been included in the PPCIPA given the uses permitted under the ZBL, the building’s heritage attributes, and its location and proximity to Downtown Port Perry. The Appellant is supportive of the property’s inclusion in the PPCIPA, and its’ inclusion will facilitate opportunities for improvements on the Subject Property by way of programs offered under the PPCIP.
15The Tribunal has had regard to the decision of Township Council, and the information and materials considered by it, as required under s. 2.1(1) of the Act. The Tribunal recognizes that in making its decision, the Township was satisfied that the PPCIP is consistent with the PPS and conforms to the Growth Plan, as amended, as well as the Township Official Plan. The Tribunal also notes that the Township approved the settlement in support of the Revised PPCIP, and in doing so is serving the public interest.
16The Tribunal, pursuant to s. 3(5) of the Act, in making its decision is satisfied that the Revised PPCIP is consistent with the PPS and conforms to the Growth Plan.
17The Tribunal, in carrying out its responsibilities under the Act, has had regard to matters of provincial interest as set out in s. 2(1) of the Act, among other matters, and in this case in particular the resolution of planning conflicts involving public and private interests.
18Based on the evidence, the Tribunal is satisfied that the Revised PPCIP represents good planning and is in the public interest.
19The Tribunal allows the appeal in part and approves the Revised PPCIP.
ORDER
20THE TRIBUNAL ORDERS THAT:
(a) the appeal is allowed in part; and
(b) the Downtown Port Perry Community Improvement Plan for the Township of Scugog as set out in Attachment 1 hereto is approved as modified to include the lands municipally known as 204 Casimir Street.
“S.L. Dionne”
S.L. DIONNE
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.