Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 3, 2023
CASE NO.: OLT-23-000196 (Legacy Case No. PL160268)
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Eden Oak (Trailshead) Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit a subdivision of semi-detached and townhouses and low rise multiple units and to increase the permissible unit yield.
Reference Number: P1908
Property Address: Pt Lots 158&173, Plan 529, Part 2, RP16R-1974, Etc
Municipality/UT: The Blue Mountains/Grey
OLT Case No.: OLT-23-000196
Legacy Case No.: PL160268
OLT Lead Case No.: OLT-23-000196
Legacy Lead Case No.: PL160268
OLT Case Name: Eden Oak (Trailshead) Inc. v. The Blue Mountains (Town)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Eden Oak (Trailshead) Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit a subdivision of semi-detached and townhouses and low rise multiple units and to increase the permissible unit yield.
Reference Number: P2278
Property Address: Pt Lots 158&173, Plan 529, Part 2, RP16R-1974, Etc
Municipality/UT: The Blue Mountains/Grey
OLT Case No.: OLT-23-000197
Legacy Case No.: PL160269
OLT Lead Case No.: OLT-23-000196
Legacy Lead Case No.: PL160268
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Eden Oak (Trailshead) Inc.
Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description: To permit a subdivision of semi-detached and townhouses and low rise multiple units and to increase the permissible unit yield.
Reference Number: 42T-2012-01
Property Address: Pt Lots 158&173, Plan 529, Part 2, RP16R-1974, Etc
Municipality/UT: The Blue Mountains/Grey
OLT Case No.: OLT-23-000198
Legacy Case No.: PL160270
OLT Lead Case No.: OLT-23-000196
Legacy Lead Case No.: PL160268
BEFORE:
S. BRAUN
Thursday, the 3rd day of August, 2023
MEMBER
THESE MATTERS having come before the Ontario Municipal Board (the “Board”) for a public hearing on April 3, 2017 and the Board, in its Decision issued on September 6, 2017 (the “Decision”) having allowed, in part, the appeals of the proposed Official Plan Amendment, Zoning By-law Amendment, and Conditions of Draft Plan Approval and Plan of Subdivision;
AND THE BOARD having withheld its Final Order until it receives notice from the Town of The Blue Mountains that an appropriate section 37 agreement has been executed;
AND THE TRIBUNAL issued a further Order dated May 12, 2021, which identified that the draft plan of subdivision and conditions are approved and that the appeals of the refusal or neglect of the Town of The Blue Mountains to make a decision regarding the site-specific Official Plan Amendment and the site-specific Zoning By-law Amendment continue to be approved in principle;
AND THE TRIBUNAL having been advised by Eden Oak (Trailshead) Inc. that the parties have reached a settlement and a series of minor revisions to the site-specific Zoning By-law Amendment, Draft Plan of Subdivision and Conditions have been agreed to with the Town of The Blue Mountains and the County of Grey;
AND THE TRIBUNAL having received the Affidavit of Kory Chisholm, MCIP, RPP, whom the Tribunal accepts as an expert qualified to give opinion evidence in the field of land use planning, on behalf of Eden Oak (Trailshead) Inc.;
AND THE TRIBUNAL having received final versions of the settled Official Plan Amendment, Zoning By-law Amendment and a redlined Draft Plan of Subdivision and conditions (the “Final Documents”);
AND THE TRIBUNAL having considered the tendered evidence and written submissions of the parties filed with the Tribunal;
AND THE TRIBUNAL having been satisfied that the Final Documents constitute good planning and have had appropriate regard to matters of Provincial interest, are consistent with the 2020 Provincial Policy Statement and conform to the Grey County Official Plan and The Blue Mountains Official Plan;
THE TRIBUNAL ORDERS that the Official Plan Amendment, set out in Attachment “1”, the Zoning By-law Amendment, set out in Attachment “2”, the redlined Plan of Subdivision, set out in Attachment “3”, and the draft plan of subdivision conditions, set out in Attachment “4” are approved;
AND THE TRIBUNAL FURTHER ORDERS that, pursuant to subsection 51(56.1) and 51(56.2) of the Planning Act, the final approval of the plan of subdivision for the purposes of subsection 51(58) is to be given by the County of Grey, being the approval authority in which the subject property is situated.
THE TRIBUNAL may be spoken to in the event that the Parties have any difficulty in implementing this Decision and Order.
“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
ATTACHMENT 4