Ontario Land Tribunal / Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 22, 2023
CASE NO(S).: OLT-21-001379
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Subject: Site Plan
Referred by: College Ave. LP/MDR Development Inc.
Property Address/Description: Plan 16B, Blk 12: Pt Lot 8, Parts 2, 7 and 8 and Blk R: Lot 10; RP 37R-10055
Municipality: Norfolk County
Municipal File No.: Roll Number: 54400108400
OLT Lead Case No.: OLT-21-001379
OLT Case No.: OLT-21-001379
OLT Case Name: College Ave. LP/MDR Development Inc. v. Norfolk (County)
Heard: April 01, 2022 by video hearing
APPEARANCES:
| Parties | Counsel/Representative* |
|---|---|
| College Ave. LP/MDR Development Inc. | Leo Longo |
| The Corporation of Norfolk County | Mohammad Alam |
DECISION DELIVERED BY S. deBOER AND CARMINE TUCCI AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This matter had been scheduled for a one-day hearing on April 1, 2022 to consider the appeal of College Ave. LP/MDR Development Inc. under s. 41(12) of the Planning Act. The Tribunal had been advised that a full settlement had been reached with Norfolk County and College Ave. LP/MDR Development Inc. and that the Parties were seeking an order of the Tribunal on consent approving the Site Plan Agreement.
2At the consent of the parties, the final decision of this matter was to be delayed until an updated and finalized Site Plan Agreement had been agreed upon by the Parties and presented to the Tribunal.
3Since the time of the hearing event, it is noted that the company name of College Ave. LP has changed to Gold Coast GP Inc. The signing officer is the same for College Ave. LP, Gold Coast GP Inc. and MDR Developments Inc.
4As such, the Tribunal is satisfied that the new Site Plan Agreement, as presented on March 2, 2023, stipulates the relationship between the company names listed above and their respective signing officers.
SITE CONTEXT
5The Subject Lands are known municipally as Plan 16B, Blk 12: Pt Lot 8, Parts 2, 7 and Blk R: Lot 10; RP 37R-10055.
6The Subject Lands are situated southwest of Price Street and College Avenue in Port Rowan, Ontario. The Subject Lands are 5.1 hectares in size and are vacant of any structures as it is currently used for cash crops such as corn. Lands to the east and southeast contain single detached dwellings, with vacant land to the north, west, and south.
7The Subject Lands were zoned R1-A(H) at the time of the Zoning By-law Amendment Application. The County of Norfolk approved the Zoning By-law Amendment to rezone the property to an R4 designation in January 2020. This designation would permit a townhouse condominium development of approximately 108 townhouse units. The proposal included a storm water management pond, a parkland pathway and an internal street network.
8The proposed development would have a density of 20 units per hectare and would be developed in three phases. The proposal would have an estimated population density of 2.75 persons per unit.
SETTLEMENT PROPOSAL
9The site plan as agreed upon allocates for 32 units in phase 1(a) of the development due to water capacity in the Town of Port Rowan. Phase 1(b) will consist of 22 units and phase 2 will consist of 54 units. The agreed upon site plan includes the following:
- Two connections to the existing municipal streets via Price Street and College Avenue;
- An internal street network in a grid pattern;
- A stormwater management block;
- An outlet over County owned lands for stormwater drainage;
- A future pedestrian connection between Price Street and the County-owned lands along the northerly boundary;
- Street trees, perimeter fencing and landscaping/fencing around the stormwater management pond;
- Garbage collection pads;
- A community mailbox; and
- An internal sidewalk, snow storage areas and visitor parking spaces in the common element including accessible parking.
PLANNING EVIDENCE
10The only evidence presented to the Tribunal was the expert opinion evidence of Eldon Darbyson, a Registered Professional Planner appearing for the Applicant. Mr. Darbyson was affirmed and qualified to give expert opinion evidence in the area of land use planning. Mr. Darbyson gave opinion evidence that the Settlement as proposed to the Tribunal is of Provincial interest as stated in s. 2 of the Planning Act and is consistent with the Provincial Policy Statement, 2020. Mr. Darbyson gave opinion evidence that the Settlement and Site Plan Agreement conforms to the Norfolk County Official Plan, in particular the Urban Residential Designation. The Settlement is located within the Port Rowan urban boundary, is a logical extension of the community, has access to the local road network and can be currently serviced with the existing municipal infrastructure.
11Mr. Darbyson opined that the Settlement and Site Plan Agreement properly implement the Zoning By-law and is an orderly development of the neighbourhood. In his opinion, the Settlement and Site Plan Agreement do appropriately address the provisions of the facilities and services as outlined in s. 41(7) of the Planning Act.
12In Mr. Darbyson’s opinion, the Site Plan Agreement sufficiently addresses the agreed upon phased approach to the development and represents good planning.
ANALYSIS AND FINDINGS
13The Tribunal finds that the uncontroverted evidence provided by Mr. Darbyson demonstrates that the Settlement and Site Plan Agreement properly address the matters as set out in s. 41(7) of the Planning Act. The Settlement and Site Plan Agreement has demonstrated that the Proposal has regard to matters of Provincial interest as set out in s. 2 of the Planning Act. The Proposal is consistent with the Provincial Policy Statement, 2020 and conforms to the Norfolk County Official Plan. The Settlement with the Site Plan Agreement constitutes good land use planning.
ORDER
14THE TRIBUNAL ORDERS that the site plan prepared by The Corporation of Norfolk County and Gold Coast GP Inc./MDR Development Inc. dated November 8, 2022 and set out in Attachment 1 to this Order is approved.
15The Parties, on consent, may insert dates as necessary in their signed copy of Attachment 1.
"S. deBoer"
S. deBOER MEMBER
"Carmine Tucci"
CARMINE TUCCI 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