LJM Developments (Beamsville) Inc. v. Lincoln (Town), 2023 CanLII 78848

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: August 23, 2023

CASE NO(S).: OLT-22-004000

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended

Applicant/Appellant: LJM Developments (Beamsville) Inc.

Subject: Application to amend the Zoning By-law – Refusal of application

Description: To permit the development of 431 residential units with parking and bicycle parking spaces

Reference Number: PLZBLA20200110

Property Address: 3221 North Service Road

Municipality/UT: Lincoln/Niagara

OLT Case No: OLT-22-004000

OLT Lead Case No.: OLT-22-004000

OLT Case Name: LJM Developments (Beamsville) Inc. v. Lincoln (Town)

Heard: July 4, 2023 by Video Hearing

APPEARANCES:

Parties

Counsel

LJM Developments (Beamsville) Inc.

Russell Cheeseman Stephanie Fleming

Town of Lincoln

Tom Halinski

Memorandum of oral DECISION DELIVERED BY T.F. Ng on JULY 4, 2023 AND ORDER OF THE TRIBUNAL

Link to the Order

INTRODUCTION

1The matter was scheduled for a nine-day hearing but was settled and Parties requested a one-day settlement hearing.

2It was an appeal by LJM Developments (Beamsville) Inc. (the “Applicant/Appellant”) against the Town of Lincoln (the “Town”) to the Council’s refusal of a Zoning By-law Amendment (the “ZBLA”) application to Zoning By-law No. 2022-50 (the “ZBL or ZBL 2022-50”) to permit the development of 453 residential units with parking and bicycle parking spaces on property municipally known as 3221 North Service Road (the “subject lands/subject property/subject site”).

3The Appellant and the Town have settled the matter (the “settlement”) and following the settlement, a draft Zoning By-law Amendment (the “draft ZBLA”) that implements the settlement was presented to the Tribunal.

4Franz Kloibhofer, the Appellant’s Planner, testified in support of the settlement. The Tribunal qualified him to provide opinion evidence in land use planning matters. His affidavit sworn June 20, 2023 (Tab 1 of Exhibit 1) was contained in the Document Book (marked as Exhibit 1).

5The Tribunal having considered the settlement, the uncontested testimony of Mr. Kloibhofer and having reviewed the documents filed, allows the appeal for the reasons set out below.

PLANNING EVIDENCE

6Mr. Kloibhofer took the Tribunal through the application process and the relevant policy framework, including: the Provincial Policy Statement 2020 (the “PPS”); the Growth Plan for the Greater Golden Horseshoe 2020 (the “Growth Plan”), the Regional Municipality of Niagara Official Plan (the “ROP”) and the Town’s Official Plan (the “OP”). He opined that the draft ZBLA represented good land use planning.

SITE CONTEXT

7The subject lands are bounded by the North Service Road to the south with the Queen Elizabeth Way (“QEW”) beyond, and by a planned residential neighbourhood to the north and west, known as Prudhommes Neighbourhood. North of the neighbourhood is the southern shore of Lake Ontario. To the east are existing naturalized areas. The lot was the former site of a gas station, and the former use is no longer in operation. A Record of Site Condition will be submitted to the Ministry of Environment, Conservation and Parks (“MECP”) through a future site plan application, to address the former use.

8The subject lands are situated within the Prudhommes Secondary Plan Area (the “PSPA”). The PSPA is a 31-hectare parcel of land envisioned to be a comprehensively planned, vibrant, mixed-use community with various low, medium, and high-density residential uses as well as commercial areas. The PSPA also provides access to Open Space connections along the shores of Lake Ontario. The Prudhommes Landing Secondary Plan ("PSP”) is approved and in force. The Town has since passed a comprehensive ZBLA and Draft Plan of Subdivision to facilitate the build-out of the neighbourhood. The subject lands benefit from the policies of the PSPA, however, are not part of the Draft Plan of Subdivision which was approved on July 22, 2019.

9Immediately north of the subject lands are future development blocks zoned and permitted for four-storey stacked townhomes as-of-right. Further north are lands that are designated and zoned for 20-storey apartment buildings with a Holding Provision (H). West of the subject lands are planned for commercial uses and to the east, is an existing naturalized valley.

10The subject lands are irregular in shape and have frontage along North Service Road. The property is 6,455 square metres in size and has 179.8 metres of frontage along the North Service Road. Through the course of the development review, the Regional Municipality of Niagara (the “Region”) has identified an irregular road widening along the frontage of the subject lands which will reduce the lot area to 5,487 square metres.

THE APPLICATION

11The development proposal is seeking a site-specific ZBLA to establish a 20 and a 23-storey tower containing residential uses. The towers are situated above a common four-storey podium. A total of 453 units are proposed which range from bachelor to three-bedroom units.

12In total, 543 parking spaces will support the development of which 78 are reserved for visitor parking. The parking is proposed to be located within a seven (7) level underground parking structure and within the four (4) storey podium along with an additional storage for 272 long-term bicycle parking spaces.

13The footprint of the building is 2,900 square metres. The towers will be 65.6 metres and 75.1 metres tall, respectively. Tower A is proposed at 20-storeys and located on the west side of the property. Tower B is situated on the east side of the property at 23 storeys in height.

14Both outdoor and indoor amenities are provided. In total, 938 square metres of outdoor amenity is provided on the roof of the podium whereas indoor amenity is provided on the fourth-floor, totaling 1,506 square metres. In addition, several balconies will be provided to each unit, which adds an additional 5,585 square metres of amenity area on site. In total, 7,093square metres of on-site amenity area is provided.

15The proposal is to construct the development in two-phases, the first comprising the podium, including parking and the 20-storey tower, with the second phase consisting of the second 23-storey tower.

16The Council refused the application and issued a notice of refusal dated June 3, 2022.

17The By-law to which the original proposal attempted to amend has since been repealed and replaced by the Town. As such, the proposal is amended to the now in force and effect, ZBL 2022-50. The new By-law came into force and effect on July 11, 2022.

Analysis AND FINDINGS

18The Tribunal agrees with Mr. Kloibhofer and finds that the settlement has regard for the matters of provincial interest set out in s. 2 of the Planning Act. The settlement and draft ZBLA have regard in particular to sections 2(f), (h), (i), (j) and (p).

19Section 2(f) refers to the efficient use of infrastructure and municipal services. Accordingly, the proposal represents an efficient use of infrastructure and municipal services as the subject lands are situated within the urban boundary and will benefit from access to existing municipal services once the infrastructure is brought forward to facilitate this development.

20Section 2(h) considers the orderly development of communities. The proposal is located within an existing neighbourhood and represents a logical intensification of the neighbourhood. The development will not result in any adverse impacts in terms of the safety of the community.

21Section 2(i) considers the adequate provision of recreational facilities. The proposal is well situated in proximity to a planned neighbourhood park.

22Section 2(j) considers the provision for a full range of housing. The proposed development represents an increase in multiple residential housing stock and will contribute to the housing mix in an existing urban area.

23Section 2(p) considers the provision for growth and development in appropriate locations. The subject lands are situated within a planned urbanized neighbourhood, and this is an appropriate location for intensification.

Provincial Policy Statement, 2020 (“PPS”)

24Mr. Kloibhofer stated that Policy 1.1.1 indicates that healthy, livable, and safe communities are sustained by efficient development patterns, accommodating a range of housing types, promoting cost-effective development patterns through intensification, and ensuring that necessary infrastructure is in place to meet current needs and projected needs.

25The Tribunal agrees and finds that the proposal represents an efficient development pattern. It considers the surrounding neighbourhood, the existing types of developments and the planned development in the area, while proposing an intensification that is suited to and compatible to the area.

26Policy 1.1.2 requires sufficient land shall be made available through intensification and redevelopment to accommodate an appropriate range and mix of employment opportunities, housing and other land uses to meet projected needs for a time horizon of up to 25 years. Mr. Kloibhofer opined that the introduction of this form of intensification on the subject lands satisfies this policy. The Tribunal finds that the development contributes positively to the targeted needs for housing in the province.

27Mr. Kloibhofer emphasized that the policies contained in s. 1.1.3 speak to focusing growth and development within established settlement areas. The subject lands are situated within a settlement area. Further, Policy 1.1.1.2 provides for land use patterns within settlement areas that efficiently use land, resources, infrastructure facilities and can support active transportation and transit. The subject lands are located within a settlement area, along an existing right-of-way and will be complemented with municipal services in the future.

28Policy 1.4.3 requires municipalities to provide an appropriate range and mix of housing to meet the needs of both current and future residents. This includes facilitating all types of residential intensification in accordance with Policy 1.1.3.3. The Tribunal finds that these policies are intended to encourage growth in established settlement areas with existing municipal servicing, and the provision of services such as parks and schools. While currently, there is no municipal services for the subject lands, the proposal represents an opportunity for residential intensification within an established settlement area. This subject site has planned recreational opportunities and plans for future municipal services.

29It is Mr. Kloibhofer’s opinion that the proposed redevelopment is consistent with the PPS. The Tribunal agrees and finds that this proposal’s utilization of the subject lands with the proposed intensification is consistent with the policy objectives and is consistent with the PPS.

GROWTH PLAN FOR THE GREATER GOLDEN HORSESHOE, 2020 (“GROWTH PLAN”)

30Mr. Kloibhofer stated that the subject lands are situated within an identified built boundary on Schedule C of the Growth Plan. Accordingly, the following policies are applicable to the proposal.

31Growth Plan Policy 2.1 speaks to directing growth to settlement areas in a compact form that utilizes land and infrastructure efficiently. The development proposal represents a compact and efficient land use pattern that contributes to the vision of a complete community.

32Section 2.2.1 of the Growth Plan encourages the development of complete communities that provide a range and mix of housing options, access to jobs, services, and amenities, and are designed to promote active transportation. The development is situated within a planned community with the provision for a range of housing types, access to recreation, as well as the provision for nearby commercial uses. The proposed development will contribute to a complete community.

33Growth Plan Policy 2.2.1.2 speaks to the promotion of intensification in strategic locations, such as areas with existing infrastructure and services, and are well-suited to higher-density development. Mr. Kloibhofer testified that the Prudhommes Neighbourhood is intended to be a master-planned community with the future provision for full municipal services. The development builds upon the established principles of the PSPA to achieve a complete community. In accordance with these principles, the provision of amenity space, long-term bicycle storage and a range of dwelling units are provided within the development to augment the planned redevelopment of the surrounding neighborhood. As such, the development represents a strategic location for residential intensification.

34Policy 2.2.2 contains policies respecting intensification targets – s.2.2.2.1 requires that a minimum of 50% of residential development to be directed into the delineated built-up area. The proposal will assist in facilitating the Growth Plan targets for allocating residential redevelopment within the delineated built-up area.

35Policy 2.2.6.2 of the Growth Plan speaks to supporting complete communities and housing as follows:

a. planning to accommodate forecasted growth to the horizon of this Plan;

b. planning to achieve the minimum intensification and density targets in this Plan;

c. considering the range and mix of housing options and densities of the existing housing stock; and,

d. planning to diversify their overall housing stock across the Municipality.

36Policy 3.2.1 speaks to the provision of infrastructure to support development. Infrastructure will be in place to support the future development of the subject lands. A Holding Provision has been proposed to ensure the provision of adequate municipal services.

37It is Mr. Kloibhofer’s opinion that the proposal conforms to the Growth Plan. The Tribunal agrees and finds that the proposal is located in a delineated built-up area where growth is directed. The proposed development will meet the growth objectives, targets and complete communities envisioned. The proposal conforms to the Growth Plan.

REGION OF NIAGARA OFFICIAL PLAN (JUNE 2022) (“ROP”)

38The ROP designates the subject lands as a ‘Built Up Area’ in Schedule B. The Plan assigns an intensification target of 90% to the Town amounting to 8,895 new dwelling units. The proposed development is within the PSPA. To encourage efficient use of the lands and to foster a complete community, Medium and High-density Residential uses are planned to complement existing Low-density development found within the PSPA. Mr. Kloibhofer stated that the proposed development is compact in nature and provides for a higher density that is appropriate for the subject lands. The proposed density will contribute to a complete community which is envisioned for the planned neighbourhood.

39The various goals listed under s. 2.2.1 promote the achievement of these intensification targets, as well as providing for a compactly built form while promoting a diverse range and mix of housing types, unit sizes and densities.

40Section 2.2.1 speaks to promoting sustainable transportation choices, including walking, cycling, and public transit. The Tribunal finds that the development promotes active transportation, such as cycling, being in proximity to planned recreational areas and multi-use trails. The development provides a bicycle storage room, to encourage future residents to utilize the planned recreational amenities for the neighbourhood.

41The policy framework encourages the intensification of existing lands while providing for a range and mix of dwelling unit types to be provided throughout the region. In the context of the Town, 90% of all development is intended to be infill-related development. The Tribunal finds that the proposal for 453 new dwelling units contributes positively to the planned intensification target of the Town.

42Mr. Kloibhofer stated that Chapter 5 of the ROP directs matters such as Transportation and Infrastructure. Currently, there is no planned public transit for the Prudhomme’s Neighbourhood. However, s. 5.1.3 speaks to the Region's active transportation system, including providing cycling opportunities throughout the Region. The ROP identifies a strategic cycling route along the northern edge of the neighbourhood. The development effectively leverages the future availability of cycling facilities by providing for long-term bicycle storage areas within the proposed redevelopment. A planned multi-use trail is proposed to run along North Service Road, to the benefit of the proposed redevelopment.

43Section 5.2.2.2 requires that all development be serviced by municipal water and wastewater services, as well as to demonstrate that sufficient capacity exists to support redevelopment. At this time, there are no services to support the redevelopment as the Prudhommes Neighbourhood is yet to be serviced. Nonetheless, planned services do exist surrounding the subject lands through the planning process. Appropriate engineering reports and studies have been submitted to the Town to support the servicing of this development. Thus, at the appropriate time, the development will be serviced with full water and wastewater services. Appropriate Holding provisions have been proposed over the subject property to ensure that the development is serviced at the appropriate time.

44The Tribunal concurs with Mr. Kloibhofer, that the development provides the Prudhommes Neighbourhood with effective leverage as well as active transportation opportunities. The proposal provides high-quality design for a compact and efficient built form in an area planned for intensification. The Tribunal finds that the proposal conforms to the ROP.

TOWN OFFICIAL PLAN (“OP”)

45Mr. Kloibhofer stated that the subject lands are designated Urban Areas on Schedule 4 of the OP. The subject lands are subject to a Secondary Plan, which takes precedence over the policies within the OP.

46Section 1 of the OP contains overarching goals for the Town. Specifically, s. 1.3.4 speaks to growth and settlement within the Municipality. The OP directs new development to be located within settlement areas which can accommodate municipal servicing and a range of available housing typologies. He expressed that the development represents an opportunity to accommodate growth within the PSPA.

47The objectives of the Urban Area policies (s. 3) are to provide for a mix of housing types, to promote intensification and high density within appropriate areas and to encourage high-quality urban design.

48The Prudhommes Neighbourhood, Mr. Kloibhofer reiterated, will be fully serviced once the Regional pumping station upgrades are completed. The proposed development will be serviced by full municipal services in the future.

49Section 3.1.4 requires building design, density, height, shadowing, landscaping, and parking to be considered with respect to compatibility. The proposed development is located on the neighbourhood's periphery along North Service Road, where the Secondary Plan affords the most density. Mr. Kloibhofer said that appropriate landscaping space is afforded to the development at the ground level to soften the look of the building against the streetscape and to provide a buffer. The Secondary Plan permits the proposed tower height of 20 and 23 storeys. Accordingly, the development is compatible with the neighbourhood and conforms to the OP.

50The OP contains policies respecting Natural Heritage and Transportation. Regarding Natural Heritage, the proposal will not impact Natural Heritage as the subject lands do not contain any naturalized features.

51Section 7.1.4 deals with adequate water and sanitary services to support new development. The development is located within a planned community containing full municipal services at the buildout. Mr. Kloibhofer stated that this development will be fully serviced at the appropriate time. At the site plan stage, a detailed design, including grading and servicing drawings, will be prepared to facilitate adequate servicing for this redevelopment. Further, the draft By-law provides various Holding provisions, which will preclude the buildout of the subject lands until full municipal services are available to the satisfaction of the Town.

52The proposed development is located in a suitable location to accommodate a High-density residential development and the development will be serviced by full municipal services at the appropriate time. Mr. Kloibhofer opined that the proposal conforms to the OP. The Tribunal finds that the proposal’s proposed density and the compact, well designed built form in an identified area for intensification, conform to the OP.

PRUDHOMMES SECONDARY PLAN (“PSP/Secondary Plan”)

53Mr. Kloibhofer explained that the subject lands are designated within the PSP as an "Urban Area" and "Built-Up Area". The subject lands are further designated "High Rise Residential" on Schedule A of the PSP. The PSPA is intended to be a diverse, walkable, mixed-use waterfront neighbourhood. Since the neighbourhood is directly adjacent to Lake Ontario, the PSP presents a vision for a master-planned community with various housing types, retail, commercial service uses and community services. Pursuant to s. 2.2.1 of the PSP, the overall vision is to provide for low-rise dwellings to the site's western edge while locating the tallest buildings towards the middle of the Secondary Plan area and around the neighbourhood's periphery. The tallest buildings within the PSPA are intended to become landmarks. Various provisions encourage a public open space network connected via a multi-modal transportation network. The relevant policies are listed under s. 3.15.2 within Part 3 of the OP. The PSP policies are intended to take precedence over the parent OP Policies.

54On s. 2.2.2 b) - achieving a complete community: The Prudhommes Neighbourhood is intended to become a complete community by locating local jobs, services, local community services and a robust open space system. The proposed development assists in achieving this directive by facilitating a dense and compact built form on the neighbourhood's periphery. The development will also introduce a range of housing units into the neighbourhood housing stock, contributing to the planned vision of the neighbourhood.

55The development will not create any additional impacts on Natural Heritage features. The proposed development is viable primarily by providing for a range of dwelling unit types in the community. The proposed development and design conform to the overall objectives of the PSP.

56Mr. Kloibhofer added that new development must contribute to a compact built form, adequate municipal services, and appropriate transportation capacity to support development. Holding Provisions will be placed upon the subject lands to ensure adequate services and transportation considerations to support the development.

57He stated that s. 2.5.1 of the Secondary Plan deals with Design Guidelines for the Private Realm. These guidelines are intended to achieve the following:

Encourage harmonious, attractive streetscapes through attention to the architectural quality of the building facade and the at-grade relationship of buildings to streets, to parks, and to natural features; Create a high standard of architectural detail and design excellence that enhances the overall character and uniqueness of the community; Encourage a range and mix of housing forms, a diversity of height, and lot type variety to create a diverse built environment.

58The four-storey podium component of the development will enhance the streetscape along North Service Road as the development will contribute to additional plantings along the frontage of the subject lands. No parking is proposed between the building and the street, which will ensure a quality streetscape. The development proposes a high-quality design, with varying massing and a curvilinear design to provide an attractive building elevation that complies with the Guidelines. The proposed development will provide for a range of dwelling unit sizes to accommodate a range of incomes and housing needs.

59Mr. Kloibhofer emphasized that s. 2.9.3 of the Secondary Plan relates to active Transportation uses and effective implementation of development to leverage this framework. The policies speak to creating sufficient density to support future transit service throughout the Prudhommes Neighbourhood. The planned residential density of the development positively contributes to this goal. The additional dwellings assist in justifying a future transit system, aligning with the above policy. Notably, the North Service Road would be an ideal location to incorporate a future transit system. Therefore, the proposed development is ideally located to access transit if and when it becomes available.

60In Mr. Kloibhofer’s opinion, the proposal conforms to the PSP. The proposal is well integrated with the planned community and will positively contribute to the overall vision and goals of the PSP. The Tribunal concurs with Mr. Kloibhofer that the proposal’s intensification and density accord with the overall policies of the Secondary Plan. The proposal conforms to the PSP.

TOWN ZONING BY-LAW (“ZBL”)

61The ZBL is proposed to be amended from the current and in effect, Future Development “FD” Zone into the “RM2” Residential Multiple 2 Zone with a special exception. The special exception will permit a 20 and 23-Storey tower on top of a four-storey podium, on the subject lands, with associated performance standards. The proposed By-law is appended as Exhibit B to Mr. Kloibhofer’s affidavit.

62Mr. Kloibhofer testified that he reviewed the provisions within the draft By-law, in accordance with the concept plan and opined that the performance standards will give effect to the desired built form, density, and height in conformity with the OP and PSP.

63In addition to the performance standards contained in the By-law, a Holding provision is to be placed upon the subject lands until such time as the proposed development scheme can proceed in an orderly and comprehensive manner. The various Holding conditions are as follows:

1. A record of site condition is filed with the MECP;

2. An updated Functional Service Report (FSR) is provided;

3. An updated traffic study is provided;

4. A road widening along North Service Road has been dedicated to the Region;

5. Suitable cost-sharing arrangements are made between the Town and the proponent for future servicing;

6. A detailed noise study is provided;

7. An architectural design review is undertaken, to ensure that the intent of the Prudhommes Secondary Plan Design Guidelines are maintained;

8. The development is phased to the satisfaction of the Town; and,

9. A site plan agreement is registered on the title.

64In Mr. Kloibhofer’s opinion, the above Holding conditions are appropriate to support the orderly development of the future Apartment Dwelling. Any items relating to the Holding Provision must be provided through the feature Site Plan Control Application, which is an appropriate mechanism to ensure that all Holding conditions are satisfied prior to their removal.

65He opined that the ZBLA is consistent with the PPS, conforms to the Growth Plan, the ROP, OP and PSP. The proposed ZBLA represents good planning and should be approved.

Conclusions

66The Tribunal agrees with Mr. Kloibhofer that the development proposal represents a compact, and efficient use of the subject lands within a delineated settlement area and the delineated built-up area in an orderly manner. It will provide much needed housing within the Town, in the form of residential apartment dwelling units for the community. There is no negative impact on natural features and the building design incorporates good urban design principles. Before the Holding Provision is removed, the development will be serviceable by future municipal water, wastewater, and stormwater services in a comprehensive manner. The Tribunal finds that the proposal has regard to matters in s. 2 of the Planning Act.

67The Tribunal finds that with respect to PPS Policy 1.4.1, the proposed development promotes a mix and a range of housing units to meet people’s needs at all stages of life. The proposal supports the objective of building and supporting healthy and complete communities. The built form of dwelling units will be the low and medium-density forms already planned in the surrounding neighbourhood. The development is consistent with PPS Policy 1.4.3 that encourages compact forms for complete communities. The Tribunal finds that the proposal encompasses this desired built form, provides this compact form of housing that has access to recreation spaces, and active transportation, with the aim of provision of a complete community.

68The Tribunal agrees with Mr. Kloibhofer that the development is in conformity with Policy 2.2.6.2 of the Growth Plan. The proposal contributes to the forecasted growth for the Region, in particular with respect to the minimum density targets and specifically, contributing to a range and type of housing options within a planned community. The proposed development will add to the existing residential stock by providing one, two and three-bedroom residential apartment units.

69The Tribunal agrees with Mr. Kloibhofer that the proposed development is in conformity with Chapter 2, s. 2.2.1 of the ROP where these policies promote a range of dwelling types to be provided by a development. The planned density of the proposed development contributes to an efficient use of the subject lands where otherwise the lands would be vacant and remain undeveloped.

70The Tribunal finds that the proposed development will satisfy s. 7.1.4 of the OP- in regard to adequate water and sanitary services to support new development on the subject site which will be properly served by available infrastructure, municipal facilities and services before the Holding provision is removed. The Tribunal finds that the project is designed to be compact; maximizes the land use for infrastructure and services; meets the residential housing targets of the Region; meets the Medium-Density policies of the Municipality and will result in a safe and healthy residential community as envisaged by provincial policies.

71The proposed development is compatible with the adjacent properties’ developments and can coexist without negative impacts upon those neighbouring properties. Amenity open spaces are provided in the concept plans and there will be improvements on pedestrian and cyclist trails and movements in the area. The proposal is planned to be transit supportive and to take advantage of the future transit system when it is implemented. The planned residential density will be well placed to support the transit system when it is ready to be implemented for the Prudhommes Neighbourhood.

72The draft ZBLA with the Holding provision, includes various provisions, such as setbacks on the ground floor and step backs for the tower portion of the building, to ensure that the redevelopment does not dominate the planned development to the north of the subject lands. The four-storey podium and tower setback provide for an adequate transition between the planned Medium-density development plan to the north. The By-law also controls for adequate ground floor landscaping by providing 40% landscaping on the ground floor. The proposed development meets the minimum parking standards required by the ZBL. The Tribunal finds the development proposal is compatible with the planned character of the neighbourhood.

73The Tribunal is satisfied that the settlement represents good planning and that the proposed draft ZBLA has regard for the matters of provincial interest set out in s. 2 of the Planning Act; is consistent with the PPS; conforms to the Growth Plan, the ROP, the OP and the PSP.

74Pursuant to s. 34(26)(b) of the Planning Act, the Tribunal may, on an appeal, under s. 34(11), amend the By-law in such manner as the Tribunal may determine.

ORDER

74THE TRIBUNAL ORDERS that the appeal is allowed, and By-law No. 2022-50 of the Town of Lincoln 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.

“T.F. Ng”

t.f. ng

MEMBER

Ontario Land Tribunal

Website: www.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