Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 26, 2023
CASE NO.: OLT-22-002197
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: SO Development Inc.
Subject: Application to amend Zoning By-law No. 60-94 - Refusal or neglect of City of Oshawa to make a decision
Existing Zoning: UR (Urban Reserve)
Proposed Zoning: Appropriate Residential Zones
Purpose: To permit a proposed draft plan of subdivision and temporary sales office
Property Address/Description: South of Renaissance Drive, West of Park Road South
Municipality: City of Oshawa
Municipality File No.: Z-2016-15
OLT Case No.: OLT-22-002197
Legacy Case No.: PL180364
OLT Lead Case No.: OLT-22-002197
Legacy Lead Case No.: PL180364
OLT Case Name: SO Development Inc. v. Oshawa (City)
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: SO Development Inc.
Subject: Proposed Plan of Subdivision - Failure of City of Oshawa to make a decision
Purpose: To permit a proposed draft plan of subdivision and temporary sales office
Property Address/Description: South of Renaissance Drive, West of Park Road South
Municipality: City of Oshawa
Municipality File No.: S-O-2016-15
OLT Case No.: OLT-22-002202
Legacy Case No.: PL180365
OLT Lead Case No.: OLT-22-002197
Legacy Lead Case No.: PL180364
BEFORE:
D. CHIPMAN MEMBER
Monday, the 26th day of June, 2023
THESE MATTERS having been heard by video hearing conducted August 29, 2022 to September 23, 2022;
AND THE TRIBUNAL having issued an Interim Decision and Order dated November 4, 2022 allowing the appeals and approving an amendment to Zoning By-law 60-94 and a Draft Plan of Subdivision subject to Conditions in respect of the lands located south of Renaissance Drive, West of Park Road South in the City of Oshawa, but withholding its Final Orders pending receipt of the final form of Zoning By-law Amendment and Draft Plan of Subdivision pursuant to paragraphs 113, 117 and 118 of the Interim Decision;
AND THE TRIBUNAL having received the final form of the Zoning By-law Amendment satisfactory to the Parties and a request made on consent of the Parties for minor revisions to the Draft Plan of Subdivision and Conditions;
AND THE TRIBUNAL having received and considered the request of the Parties and the affidavit evidence of Ryan Guetter, M.C.I.P., R.P.P. respecting the requested minor revisions to the Draft Plan of Subdivision and Conditions;
THE TRIBUNAL ORDERS that in accordance with the provisions of sections 34(26), 51(56) and 51(56.1) of the Planning Act, R.S.O. 1990, c.P.13, as amended:
Zoning By-law 60-94 is hereby amended in the manner set out in Attachment 1 to this Order. The Tribunal authorizes the municipal clerk to assign a number to this by-law for record keeping purposes.
The Draft Plan of Subdivision in Attachment 2 is approved, subject to the Conditions in Attachment 3.
Final approval of the Plan of Subdivision for the purposes of section 51(58) of the Planning Act is to be given by the City of Oshawa.
The Tribunal may be spoken to should any difficulties arise in connection with the satisfaction of the Conditions in Attachment 3.
“Euken Lui”
EUKEN LUI ACTING REGISTRAR
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
ATTACHMENT 2
ATTACHMENT 3