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
day, the 11th
VICE-CHAIR
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, 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 that in accordance with the provisions of section 34(31) of the Planning Act, R.S.O. 1990, c. P.13, as amended, the sections and schedules of the Township of Tiny Zoning By-law 22-075, as enacted by the Township on October 12, 2022, being Exhibit “C” to the Affidavit of Shawn Persaud included in the Motion Record marked as Exhibit “_” in these proceedings, are hereby approved, save and except to the extent that those sections and schedules enumerated on Appendix 1 attached to and forming part of this Order remain under appeal on a section-specific, or site-specific basis in respect of the lands identified on Appendix 2 attached to and forming part of this Order.
AND THE TRIBUNAL FURTHER ORDERS that notwithstanding the above, the Tribunal hereby retains jurisdiction to consider and approve modifications to any sections, schedules, maps, figures, definitions, tables associated text, etc., approved herein, as may be appropriate to dispose of any of the outstanding appeals before the Tribunal.
AND THE TRIBUNAL FURTHER ORDERS that the outstanding appeals in respect of the Tiny Zoning By-law 22-075, as depicted on Appendices 1 and 2 hereto, shall be determined through the hearing process or as otherwise consented to by the parties and approved by the Tribunal.
“Euken Lui”
EUKEN LUI
ACTING REGISTRAR
Appendix 1 – Matrix of Appeals
Appealed Sections
Leblovic
Cioci
Tiny Township Association of Responsible STR Owners
Good Neighbours Tiny
2.5
X
2.28
X
X
3.8.1
X
7.00F1
X
X
Appealed
Schedules
Schedule A
X1F2
Schedule B
X
Appendix 2 – Map of Site Specific Appeal (Cioci Lands)
Footnotes
- The definitions of “Short-Term Rental Accommodation” and “Dwelling Unit” are subject to appeal.
- Site-specific appeal relating to PT LT 20 CON 20 TINY AS IN RO1022738; TINY, PT LT 20 AND 21 CON 20 TINY AS PART 1 PLAN 51R40796, PT LT 21 CON 20 TINY PT1,2,3 & 5, 51 R12500 EXCEPT PT 4, 51R12828; TINY, PT LTS 20 AND 21 CON 20 TINY BEING PT 4, 51R2020 EXCEPT PT 6 51R27245 & EXCEPT PT 1 51R38148 AND PART 1 PLAN 51R40796; TOWNSHIP OF TINY, PT RDAL BTN CON 20 AND 21 TINY IN FRONT LTS 20 & 21 (CLOSED BY BYLAW SC909026) BEING PTS 1 AND 2, 51R37348 EXCEPT PT2 51R38148; TOWNSHIP OF TINY, PT LT 21 CON 20 TINY BEING PT 3 51R8994 EXCEPT PT1 51R27245 & EXCEPT PT 4 51R38148; TOWNSHIP OF TINY (“Cioci Lands”), as zoned on Schedule A, Maps 25 – 27, and Schedule B, Map 10 – see Appendix 2.