Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: January 10, 2023 CASE NO(S).: OLT-22-003770

PROCEEDING COMMENCED UNDER section 45(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Applicant/Appellant: Nicola VA Kelson Limited Partnership Property Owner: Anatolia Investments Corp. Subject: Minor Variance Description: Facilitate the construction of two warehouse buildings Reference Number: A09-22 Property Address: Part Lot 23, Concession 1 Municipality/UT: Grimsby/Niagara OLT Case No: OLT-22-003770 OLT Lead Case No: OLT-22-003770 OLT Case Name: Nicola VA Kelson Limited Partnership v. Grimsby (Town)

Heard: December 1, 2022 by video hearing

APPEARANCES:

Parties Anatolia Investments Corp.

Counsel Russell Cheeseman Stephanie Fleming

Parties Town of Grimsby

Counsel John George Pappas

MEMORANDUM OF ORAL DECISION DELIVERED BY S. deBOER ON DECEMBER 1, 2022 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This matter had been scheduled for a two-day hearing commencing on December 1, 2022, to consider the Appeal under s. 45 (12) of the Planning Act by Anatolia Investments Corp (the “Appellant”) against the Town of Grimsby (the “Town”) Committee of Adjustment (the “COA”) decision to allow some, but not all of the requested variances. The Tribunal was recently advised that a settlement had been reached and that the parties were now seeking an Order approving the Settlement between the parties. Even though a Settlement had been reached, the Tribunal was aware of an abutting property owner (Mr. Trevor Goddard) that had concerns about the Settlement. Mr. Goddard had originally sought Party status, however, requested his status to be changed to a Participant prior to the Hearing. His statement, which was submitted prior to the hearing date, was taken into consideration by the Tribunal when reviewing the Settlement.

2The Subject Property (the “SP”) is legally described as Part of Lot 23, Concession 2, Town of Grimsby. The intent of the original Application was to facilitate the construction of two warehouse buildings and surface parking for the two new warehouse buildings.

3The location of the SP is at the southwest corner of South Service Road and Kelson Avenue North. The SP consists of three lots that have been merged together on title. The SP has approximately 407 metres (“m”) of frontage on South Service Road and approximately 289 m of frontage on Kelson Avenue North. The size of the SP is approximately 14.23 hectares (“ha”) in total area. The SP is zoned as General Employment (“GE”) with a holding (“H”) provision that requires the owner of the SP to enter into a site plan agreement in accordance with the Town of Grimsby Official Plan.

4There is an existing Hydro One corridor, easement and railway line running along the southern portion of the SP in an east-west direction. There are two residential dwellings (219 Kelson and 215 Kelson Avenue North) and a commercial greenhouse (213 Kelson Avenue North) abutting to the south of the SP. To the north beyond South Service Road is the major area highway, the Queen Elizabeth Way. To the east is a combination of vacant lands and some occupied employment lands. To the west is an existing aggregate facility. At the time of the original application, there were two residential properties abutting the SP with the municipal addresses of 251 and 255 Kelson Avenue North.

5The original application was submitted to the Town of Grimsby Planning Department by Nicola VA Kelson Limited Partnership on January 25, 2022, to request relief from the Town of Grimsby Zoning By-law No. 14-45. The requested relief is from the Site-Specific Exception 174 pertaining to the SP. The minor variances requested were:

• To permit a minimum yard abutting a residential use of 12.85 metres, whereas the minimum requirement is 70 metres.
• To permit a maximum parking requirement of 628 spaces whereas the minimum requirement is 738 spaces.

6The Application came before the COA on February 15, 2022. The decision of the COA was to defer the decision until the COA meeting of April 19, 2022, to allow more time for neighbouring property owners to provide comments on the Application.

7At the COA meeting of April 19, 2022, the COA took into consideration the comments from the public delegations, comments from the various Town of Grimsby departments and the recommendations of the Planning Department. The COA did not approve the minimum yard abutting a residential use, however, approved the variance pertaining to the parking requirement, subject to a certain condition being met by the Applicant. This condition was:

• That the reduced parking requirement of 628 parking spaces be approved for a warehousing use only.

8The Applicant filed an appeal to the Ontario Land Tribunal on May 6, 2022.

9On July 4, 2022, the Town of Grimsby Council adopted a resolution directing a settlement of the Appeal.

10On August 15, 2022, the SP was acquired by Anatolia Investments Corp. along with the two residential properties located at 251 and 255 Kelson Avenue North. Also on this date, Nicola VA Kelson Limited assigned the Appeal to Anatolia Investments Corp.

11On September 28, 2022, all three parcels of land were merged on title together.

12The Tribunal was made aware before the hearing that the details of the settlement were as follows:

• To permit a minimum yard abutting a residential use of 28.36 metres, whereas the minimum requirement is 70 metres.
• To permit a minimum parking requirement of 628 spaces, whereas a minimum of 738 spaces is required.

13The agreed upon conditions of the settlement were:

• The reduced minimum parking requirement of 628 spaces be limited to warehouse use only;
• The minimum requirement for a yard abutting a residential use be no less that 28.36 metres; and
• The Owner shall pay the balance of any outstanding taxes, including penalty and interest, and any local improvement charges, if applicable, to the Town.

DAY OF HEARING

14On the day of the Hearing, the Tribunal heard from two witnesses that provided details and evidence in favour of the Settlement. The first witness was Ryan Virtanen, who was a Professional Land use Planner and had been previously qualified to provide expert opinion evidence in the area of land use planning. The second witness was Duncan Halstead, a Professional Engineer with a specialty in noise and sound. Both witnesses were approved without refute to provide the Tribunal with expert testimony and opinion evidence. First, Ryan Virtanen was qualified to give expert opinion evidence in the area of land use planning, and secondly, Duncan Halstead was qualified to give expert testimony and opinion evidence in the area of sound and noise acoustics.

15The Tribunal also received a participant statement from Trevor Goddard. Mr. Goddard lives at 219 Kelson Avenue North, an abutting property to the south of the SP.

16The Tribunal entered the following as exhibits to the Hearing:

Exhibit 1 Joint Document Book Exhibit 2 Combined Duncan Halstead File Exhibit 3 Participant Statement of Trevor Goddard.

17At the beginning of the Hearing, the Tribunal was made aware that the application before it had been amended. Due to the new parcels of land that have been acquired since the original application was made, specifically 251 and 255 Kelson Avenue North, an amendment had been made to the minor variance being sought for the Setback Variance. The Settlement has demonstrated to the Tribunal that the amended application is requesting less relief of the specified variance to an abutting property with a residential use. As such, the Tribunal finds that the amended application does not require further notice as per s. 45 (18.1.1) of the Planning Act.

Evidence of Ryan Virtanen

The Planning Act

18Mr. Virtanen took the Tribunal through his witness statement including photos of the site and the surrounding area for context purposes. Mr. Virtanen took the Tribunal to s. 2 of the Planning Act and demonstrated that the Settlement meets the following relevant criteria:

• the adequate provision and efficient use of communication, transportation, sewage and water services and waste management services;
• the orderly development of safe and healthy communities;
• the adequate provision of employment opportunities;
• the protection of the financial and economic well-being of the Province and its municipalities;
• the protection of public health and safety; and
• the appropriate location of growth and development.

19In his opinion, Mr. Virtanen stated that since the Settlement meets the above-mentioned criteria, the Settlement would properly address the matter of Provincial interest.

Provincial Policy Statement, 2020 (the “PPS”)

20In reviewing the Settlement as it pertains to the PPS, Mr. Virtanen was able to demonstrate to the Tribunal the Settlement is consistent with the following polices:

1.1 Managing and Directing Land Use to Achieve Efficient and Resilient Development and Land Use Patterns

1.1.1 Healthy, liveable and safe communities are sustained by:

a) promoting efficient development and land use patterns which sustain the financial well-being of the Province and municipalities over the long term;

e) promoting the integration of land use planning, growth management, transit-supportive development, intensification and infrastructure planning to achieve cost-effective development patterns, optimization of transit investments, and standards to minimize land consumption and servicing costs;

g) ensuring that necessary infrastructure and public service facilities are or will be available to meet current and projected needs.

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;

f) are transit-supportive, where transit is planned, exists or may be developed; and

g) are freight-supportive.

1.2.6 Land Use Compatibility

1.2.6.1.1 Major facilities and sensitive land uses shall be planned and developed to avoid, or if avoidance is not possible, minimize and mitigate any potential adverse effects from odour, noise and other contaminants, minimize risk to public health and safety, and to ensure the long-term operational and economic viability of major facilities in accordance with provincial guidelines, standards and procedures.

1.3 Employment

1.3.1 Planning authorities shall promote economic development and competitiveness by:

a) providing for an appropriate mix and range of employment, institutional, and broader mixed uses to meet long-term needs;

b) providing opportunities for a diversified economic base, including maintaining a range and choice of suitable sites for employment uses which support a wide range of economic activities and ancillary uses, and take into account the needs of existing and future businesses;

c) facilitating the conditions for economic investment by identifying strategic sites for investment, monitoring the availability and suitability of employment sites, including market-ready sites, and seeking to address potential barriers to investment;

d) encouraging compact, mixed-use development that incorporates compatible employment uses to support liveable and resilient communities, with consideration of housing policy 1.4; and

e) ensuring the necessary infrastructure is provided to support current and projected needs.

1.3.2 Employment Areas

1.3.2.3 Within employment areas planned for industrial or manufacturing uses, planning authorities shall prohibit residential uses and prohibit or limit other sensitive land uses that are not ancillary to the primary employment uses in order to maintain land use compatibility.

1.3.2.6 Planning authorities shall protect employment areas in proximity to major goods movement facilities and corridors for employment uses that require those locations.

1.6.7 Transportation Systems

1.6.7.2 Efficient use should be made of existing and planned infrastructure, including through the use of transportation demand management strategies, where feasible.

1.7 Long-Term Economic Prosperity

1.7.1 Long-term economic prosperity should be supported by:

a) promoting opportunities for economic development and community investment-readiness;

1.8 Energy Conservation, Air Quality and Climate Change

1.8.1 Planning authorities shall support energy conservation and efficiency, improved air quality, reduced greenhouse gas emissions, and preparing for the impacts of a changing climate through land use and development patterns which:

d) focus freight-intensive land uses to areas well served by major highways, airports, rail facilities and marine facilities;

4.0 Implementation and Interpretation

4.6 The official plan is the most important vehicle for implementation of this Provincial Policy Statement. Comprehensive, integrated and long-term planning is best achieved through official plans.

Growth Plan for the Greater Horseshoe, 2020 (the “GP”)

21With regards to the GP, Mr. Virtanen opined that the Settlement conforms to the following policies:

1.2.1 Guiding Principles

Provide flexibility to capitalize on new economic and employment opportunities as they emerge, while providing certainty for traditional industries, including resource-based sectors.

2.2.1 Managing Growth

2.2.1.2 Forecasted growth to the horizon of this Plan will be allocated based on the following:

a) the vast majority of growth will be directed to settlement areas that:

i. have a delineated built boundary;

ii. have existing or planned municipal water and wastewater systems; and

iii. can support the achievement of complete communities;

2.2.1.4 Applying the policies of this Plan will support the achievement of complete communities that:

a) feature a diverse mix of land uses, including residential and employment uses, and convenient access to local stores, services, and public service facilities;

c) provide a diverse range and mix of housing options, including additional residential units and affordable housing, to accommodate people at all stages of life, and to accommodate the needs of all household sizes and incomes;

d) expand convenient access to:

i. a range of transportation options, including options for the safe, comfortable and convenient use of active transportation;

ii. public service facilities, co-located and integrated in community hubs;

iii. an appropriate supply of safe, publicly-accessible open spaces, parks, trails, and other recreational facilities; and

iv. healthy, local, and affordable food options, including through urban agriculture;

e) provide for a more compact built form and a vibrant public realm, including public open spaces.

2.2.5 Employment

1. Economic development and competitiveness in the GGH will be promoted by:

a) making more efficient use of existing employment areas and vacant and underutilized employment lands and increasing employment densities;

4. In planning for employment, surface parking will be minimized and the development of active transportation networks and transit-supportive built form will be facilitated.

5. Municipalities should designate and preserve lands within settlement areas located adjacent to or near major goods movement facilities and corridors, including major highway interchanges, as areas for manufacturing, warehousing and logistics, and appropriate associated uses and ancillary facilities.

6. Municipalities will plan for all employment areas within settlement areas by:

a) prohibiting residential uses and prohibiting or limiting other sensitive land uses that are not ancillary to the primary employment use.

8. The development of sensitive land uses, major retail uses or major office uses will, in accordance with provincial guidelines, avoid, or where avoidance is not possible, minimize and mitigate adverse impacts on industrial, manufacturing or other uses that are particularly vulnerable to encroachment.

Niagara Region Official Plan (the “NOP”)

22As for the Niagara Region Official Plan, Mr. Virtanen gave opinion that the SP is designated as “Greenfield Area” and “Employment Lands” as per Schedule “B” of the Regional Structure Schedule. The SP is also Designated as “Core” by Schedule “G” of the NOP.

23With these designations, Policy 4.2.1.2 of the NOP comes into effect that prohibits residential uses in Employment Lands.

24Policy 4.2.1.5 of the NOP states:

4.2.1.5 Core employment areas are cluster of traditional employment uses, such as industrial, manufacturing, construction, transportation and warehousing. Core employment areas shall be protected and planned for similar employment uses, major facilities, and freight supportive forms of development and redevelopment. Major institutional uses are prohibited in core employment areas.

25Mr. Virtanen opined that the Settlement will help facilitate the employment density targets as apart of the 2051 targets as this Proposal will bring up to 500 jobs in the 14 ha employment parcel. The Settlement does conform to the NOP and is a needed employment area within the Town of Grimsby.

Town of Grimsby Official Plan (the “OP”)

26The SP is designated Employment Area as per Schedule “B” of the Official Plan. The Policies that pertain to the Settlement and the SP are;

2.3 Growth Management

2.4.3 The Town shall target for an average gross density target of 50 jobs and persons per gross hectare within the designated greenfield area. This assumes a density of 25 jobs per gross hectare on the Employment Area component of the designated greenfield area. Though the Town of Grimsby’s Greenfield density target is 50 jobs and people per hectare as per Places to Grow, it is realized that not every site will be able to achieve that target. The Town will have the flexibility on a site by site basis however; the Town will closely monitor its Greenfield developments to ensure that Grimsby’s overall Greenfield target will be achieved.

2.6 Economic Development

Intent:

The long term goal of the municipality is to have one job per three residents. There is also a need to re-balance the residential/non-residential tax base within the Town. To achieve these goals it is imperative that the designated employment areas be preserved for employment uses. The key area to attract industry is along the Queen Elizabeth Way (QEW) highway frontage and in the vicinity of existing interchanges. It is also the intent of this Plan to promote Grimsby as a tourism destination, and as a key component in the promotion of Niagara’s Wine Region.

Goals:

• To achieve a ratio of one job for every three residents.
• To rebalance the residential / non-residential tax base within the Town.

Objectives:

1. To actively promote the Town as an employment destination.
2. To provide for a broad range of commercial activities and services to meet the diverse needs of Grimsby’s residents, businesses and institutions, as well as those from the surrounding areas, and to generate employment, investment and municipal revenues.
3. To ensure that Grimsby becomes a complete community with a diverse mix of employment, community facilities and retail stores and services.
4. To maintain a viable employment area along the QEW highway corridor.
5. To encourage the revitalization of the Downtown as a vibrant commercial and mixed-use area.

2.6.2 The Town shall maintain and protect existing employment lands and other available lands along the QEW Highway frontage for long-term employment usage. Uses incompatible with this long-term vision should not be permitted.

Permitted Uses:

3.7.1 Within the Employment Area designation, permitted uses shall include manufacturing, processing, servicing, storage of goods and raw materials, warehousing, research and laboratories, data processing and development and uses of similar nature.

General Policies:

3.7.9 The lands located adjacent to the western and eastern municipal boundaries are prominent entry points into the Town. As such, the design of any buildings or structures visible from the QEW shall be designed in keeping with this gateway function, and shall incorporate elements through building design, cultural features (i.e. sculpture, fountains) or special markers.

3.7.10 Uses with highway frontage shall be encouraged to contribute to a high quality business park environment. Outdoor storage shall be prohibited in front and side yards, and outdoor activities such as storage, parking and loading shall be adequately screened and buffered in areas visible from the QEW and Kelson Avenue.

3.7.12 Employment buildings shall be setback from existing residential dwellings where determined necessary to ensure incompatibilities are minimized to promote compatibility. Substantial buffer planting, berming or fencing adjacent to residential areas shall be required.

3.7.16 Applications for new industrial developments and extensions of existing uses will be evaluated based on submissions of:

a) A development plan or site plan as appropriate; and b) Where there is a concern that the use may create excessive air, water or noise pollution, the submission of appropriate studies by qualified experts in the field, which indicate how such pollution will be controlled to ensure the safety of Town residents.

Site Specific Exceptions:

3.7.18 In addition to the policies of Section 3.7, the following policies shall apply to the lands located between the South Service Road and CN Rail Line, west of Kelson Avenue:

a) Accesses should be located in the general vicinity of other employment entrances in the area. The location of any access shall take into consideration adjacent residential uses, and shall be designed with adequate screening and buffering to protect them from negative impacts.

27In Mr. Virtanen’s opinion, the Settlement conforms to these policies and will be a welcomed use of the SP supplying much needed jobs within the Town of Grimsby.

Town of Grimsby Zoning By-law 14-45 (the “ZBL”)

28The SP is listed on Schedule 9-A of the ZBL. The SP is zoned as “General employment with Holding Symbol (GE(H)) and is subject to a site-specific exception 174. Also, a large portion of the SP is designated “Hazard Overlay Zone” (HA).

29With regards to the “GE” Zone, the ZBL identifies that warehousing is a permitted use. If the Settlement and the minor variances are approved, in Mr. Virtanen’s opinion, the proposed warehouse spaces would be a permitted use. The “H” holding provision can be removed once the owner of the SP enters into a site plan agreement with the Town of Grimsby.

30The Site-Specific Exception 174 applies to the SP with additional zoning provisions. These provisions are:

• All buildings shall be oriented to face the South Service Road;
• Open air operations and outdoor storage are prohibited in any yard that abuts the South Service Road or a lot line of a residential use, excluding lands used for commercial greenhouse; and
• Minimum Yard abutting a lot line of a residential use excluding lands used for commercial greenhouses: 70 metres except office, accessory showrooms, accessory retail outlets and accessory hospitality rooms: 20 metres.

31As for the “Hazard Overlay Zone”, section 13.1.9 of the ZBL states:

27Where a lot is subject to a Hazard Overlay Zone, no uses and no building or structure or an expansion to an existing building or structure shall be permitted unless a permit for development or site alteration is issued by the Niagara Peninsula Conservation Authority. Where a permit is issued by the Niagara Peninsula Conservation Authority, the requirements of the underlying zone shall apply to the extent permitted by the permit issued by the Niagara Peninsula Conservation Authority.

32In Mr. Virtanen’s opinion, the proposed warehouse is a permitted use. Once the Applicant enters into the site plan agreement, the “H” Holding symbol will be removed by the Town of Grimsby. The Applicant will obtain the necessary permit for the Niagara Peninsula Conservation Authority as apart of the future site plan agreement. If the Settlement variances are approved, the proposed warehouse development will conform to the ZBL.

Proposed Variances

33As stated above, the two minor variances that are being requested for approval by the Tribunal are:

• to permit a minimum yard abutting a residential use of 28.36 metres, whereas the minimum by-law requirement is 70 metres; and,
• to permit the minimum parking requirement of 628 spaces, whereas the minimum by-law requirement 738 spaces.

Maintains the General Intent and Purpose of the OP

34The SP is a designated Employment Area in the OP. A warehouse is a permitted use with this designation. The OP contains policies which ensure that the lands are used appropriately, which include an approval of a site plan which will address and ensure that the adjacent neighbouring residential properties have adequate buffering to ensure that there is not any adverse impact to these properties. It was Mr. Virtanen’s opinion that the proposed variances in the settlement will allow the proposal to maintain the general intent and purpose of the Official Plan.

Maintains the General Intent and Purpose of the ZBL

35Mr. Virtanen opined that the requested variances address the concerns raised by the adjacent neighbours. The SP and the three abutting properties to the south (213, 215 and 219 Kelson Avenue North) all have the same zoning (GE). This zoning does not permit single detached dwellings. However, since these properties predate when the ZBL came into existence, they have a “legal non-conforming” status. Even though the reduction from 70 m to 28.36 m for the proposed setback may seem large numerically, it is less of a requested variance than on the original application, and two of the adjoining properties are now owned by the Applicant.

36Planning Staff indicated through their report of April 12, 2022, that the landscape buffers, berms and retaining walls as proposed, are all measures that satisfy the compatibility concerns of the neighbouring dwellings. Site plan control will ensure that these measures are compatible with the neighbouring properties in the view of Planning Staff. Mr. Virtanen opined that the minimum yard setback as proposed meets the general intent and purpose of the Zoning By-law.

37As for the parking variance of 628 spaces, Mr. Virtanen opined that the traffic study that was apart of the original application concluded that a parking rate of one space per 105 square metres (“sq m”) of Gross Floor Area (“GFA”) was appropriate for the SP. Since the proposed GFA is 65,570 sq m, the minimum parking of 625 spaces is required. The Proposal stipulates that there will be 628 parking spaces available, including 20 accessible spaces. Since the amount of parking spaces are above the requirement of the traffic study, the proposal in the settlement meets the general intent and purpose of the ZBL.

38Mr. Virtanen opined that the proposal complies with all the other requirements of the ZBL. As such, with the inclusion of the requested variances in the settlement, the proposal meets the general intent and purpose of the ZBL.

Desirable for the Appropriate Development or Use of the Land, Building or Structure

39Mr. Virtanen gave opinion that the use of the land is for employment purposes, which is the intent of the “GE” zone. The neighbouring properties are also zoned as “GE” but are considered “legal non-conforming”. The site plan approval process will mitigate any adverse impacts on the abutting residential properties in the GE zone. With this process in place to ensure compatibility, it was his opinion that the proposal is an appropriate development and use of the lands.

Minor in Nature

40In his opinion, Mr. Virtanen stated that the settlement demonstrates that the Applicant has taken considerable measures to mitigate any undo impacts to the abutting residential lands. The Applicant has demonstrated through the amended application that it is willing to work with the Town to make sure the appropriate measures are taken at the site plan level to provide the appropriate buffering for the abutting residences. The expert reports on noise and traffic impacts demonstrate that the effects from the proposed use of the property are minor in nature and the proposal overall represents good land use planning.

Conclusionary Opinion

41Mr. Virtanen opined that the amended proposal enables an appropriate use of the lands. The Applicant has demonstrated through the amended application that it is willing to work with the adjoining property owners to mitigate any adverse affects to those properties. The amended application and settlement does have appropriate regard to matters of provincial interest. The Settlement Proposal is consistent with the PPS, maintains the general intent and purpose of the Niagara Region Official Plan and the Town of Grimsby Official Plan, maintains the general intent and purpose of the Zoning By-law, is an appropriate use of the land, and is minor in nature. The Settlement Proposal represents good land use planning and is in the public interest.

42In Mr. Virtanen’s opinion, the Settlement variances should be approved subject to the agreed upon conditions.

Evidence of Duncan Halstead

43Mr. Halstead took the Tribunal through his Noise Impact Study Report. His study focused on the noise impacts of the amended application. With the proposed locations of the three warehouse structures, Mr. Halstead demonstrated to the Tribunal the guidelines that were used in his study, the location of the noise receptors and the analysis that was used to calculate the results.

44In Mr. Halstead’s opinion, the study demonstrated that noise mitigation measures would be needed for the abutting residential properties. The measures in the proposal include a large wooden fence abutting 215 and 219 Kelson Avenue North, large coniferous plantings as well as a landscape buffer. In his opinion, these measures would be adequate to reduce the noise impacts to an appropriate level that would meet the provincial guidelines as set out by the Ministry of Environment, Conservation and Parks guideline NPC-300, and the Town of Grimsby noise By-law No. 11-22.

Conclusionary Opinion

45In his opinion, Mr. Halstead concluded that the noise measures as proposed, would provide enough of a noise barrier to be below the sound level requirements of the NPC-300 guidelines.

ANALYSIS AND FINDINGS

46In arriving at its decision, the Tribunal must consider whether the proposed variances have due regard for matters of provincial interest, are consistent with the PPS, and meet the four tests of a minor variance.

47The Tribunal finds that the revised application before the Tribunal proposes the same use of land and requests less relief than the original application. As such, the Tribunal finds that no further notice is require as per s. 45 (18.1.1) of the Planning Act.

48The Tribunal considered the concerns raised by Mr. Goddard in his participant statement. The Tribunal questioned the expert witnesses as to these concerns and the Tribunal finds that the concerns of Mr. Goddard have been taken into consideration when reviewing the settlement proposal. Mr. Goddard did not provide any information in his participant statement that contravened the evidence of the expert witnesses. The Tribunal understands the concerns of Mr. Goddard, however, these concerns can best be described as ‘apprehensions of impact’. Without any contravening evidence that can be demonstrated to the Tribunal supporting these apprehensions, the Tribunal finds that these apprehensions warrant less weight and have been addressed sufficiently in the settlement design.

49The Tribunal finds that the amended application has regard to matters of provincial interest and is consistent with the policies of the PPS as the intent of the application is to use the Subject Lands to provide warehouse employment opportunities suitable for the SP’s location and land use context.

50The Tribunal finds that, based on the uncontroverted expert testimony, the criteria as set out in s. 45(1) of the Planning Act have been met. The Tribunal is satisfied that the general intent of the OP and ZBL is being appropriately maintained. The variances allow for an appropriate development of the Subject Lands and are minor in nature. The Tribunal finds that the Application represents good land use planning.

ORDER

51THE TRIBUNAL having been asked to consider an application which has been amended from the original application, and the Tribunal having determined as provided for in subsection 45(18.1.1) of the Planning Act that no further notice is required;

52THE TRIBUNAL ORDERS that the appeal is allowed in part and the variances to Zoning By-law No. 14-45, as amended, to permit the reduction in the minimum yard abutting a residential use from 70 metres to 28.36 metres and to permit a reduced parking requirement of 628 parking spaces, are authorized subject to the following conditions:

• The reduced minimum parking requirement of 628 spaces be limited to warehouse use only;
• The minimum requirement for a yard abutting a residential use be no less than 28.36 metres; and
• The Owner shall pay the balance of any outstanding taxes, including penalty and interest, and any local improvement charges, if applicable, to the Town.

“S. deBoer”

S. deBOER 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.