Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 11, 2023
CASE NO(S).: OLT-22-004716
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: See Schedule A
Subject: Zoning By-law No. 22-075
Description: New Township of Tiny comprehensive zoning by-law
Reference Number: 22-075
Property Address: Township-wide
Municipality/UT: Township of Tiny/County of Simcoe
OLT Case No.: OLT-22-004716
OLT Lead Case No.: OLT-22-004716
OLT Case Name: Leblovic v. Tiny (Township)
BEFORE:
SHARYN VINCENT VICE-CHAIR
day, the 11th day of April, 2023
THIS APPEAL of the Township of Tiny (the “Township”)’s new Zoning By-law 22-075 under subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, made by CRH Canada Group Inc. (the “Appellant”), having come before the Ontario Land Tribunal (the “Tribunal”) for a Public Hearing on March 24, 2023.
AND THE TRIBUNAL having received and marked as Exhibits the following: the Township’s Motion Record inclusive of the Affidavit of Shawn Persaud, MCIP, RPP, Director of Planning and Development for the Township.
AND THE TRIBUNAL having received and accepted uncontroverted expert opinion evidence in the area of land use planning from Shawn Persaud.
AND THE TRIBUNAL being satisfied that the proposed Zoning By-law Amendment has appropriate regard for matters of provincial interest, is consistent with the Provincial Policy Statement (2020), conforms with the Growth Plan for the Greater Golden Horseshoe (2020), as amended, conforms with the County of Simcoe Official Plan, conforms with the Township Official Plan, represents good planning and is in the public interest;
NOW THEREFORE:
THE TRIBUNAL ORDERS the Appellant’s appeal is allowed, and the Zoning By-law Amendment is approved in accordance with Attachment "A” to this Order.
AND THE TRIBUNAL FURTHER ORDERS that it authorizes the municipal clerk of the Township to assign a number to this by-law for record keeping purposes
“Euken Lui”
EUKEN LUI ACTING REGISTRAR
ATTACHMENT A
THE CORPORATION OF THE TOWNSHIP OF TINY BY-LAW NO. XX
Being a By-law to amend By-law 22-075 as amended, being the Zoning By-law for The Corporation of the Township of Tiny with respect to Part of Lot 80, Concession 1, West of Penetanguishene Road, Township of Tiny (2 Darby Road)
WHEREAS the Council of The Corporation of the Township of Tiny is empowered to enact By-laws to regulate the use of land pursuant to Section 34 of the Planning Act, R.S.O. 1990, c. P. 13, as amended;
AND WHEREAS the owners of Part of Lot 80, Concession 1, West of Penetanguishene Road, Township of Tiny have filed an application with the Township of Tiny to amend Zoning By-law 22-075, as amended;
AND WHEREAS the Council of The Corporation of the Township of Tiny deems it appropriate to amend By-law 22-075, as amended, as it relates to Part of Lot 19, Concession 16 West;
AND WHEREAS the provisions of the By-law conform to the Township of Tiny Official Plan;
NOW BE IT ENACTED the By-law is enacted as follows:
That Schedule “B”, Map ‘21’ to Zoning By-law 22-075, as amended, are hereby further amended to rezone part of Lot 80, Concession 1, West of Penetanguishene Road from the Rural (RU), Greenlands (GL) and Environmental Protection 2 (EP2) Zone to the Mineral Aggregate (MAR-XX), Rural (RU) and Environmental Protection 2 (EP2) Zone, as shown on Schedule ‘A’ attached to and forming part of this By-law.
That Section 6 Exceptions is amended by adding the following subsection:
MINERAL AGGREGATE EXCEPTION XX (MAR-XX) PART OF LOT 80, CONCESSION 1, WEST OF PENENTANGUISHENE ROAD
Notwithstanding any other provision of this By-law:
i. Only agricultural uses, forestry uses and mineral aggregate operation which only includes aggregate extraction, transport of aggregate and processing of aggregate (excluding aggregate recycling and washing) is permitted in the MAR-XX zone.
ii. Where MAR zones are adjacent to each other, a 0.0 m setback is permitted.
iii. The MAR-XX zone size shall be 15.3 hectares.
iv. All other relevant provisions of this By-law, unless specifically modified/amended by this Section, continue to apply to the land subject to this Section.