Ontario Land Tribunal / Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: February, 12 2024

CASE NO(S).: OLT-23-000137, OLT-23-000138

PROCEEDING COMMENCED UNDER section 22(7) of the Planning Act, R.S.O. 1990, c.P.13, as amended

Applicant and Appellant: Barry Wade Homes Inc. Subject: Application to amend the Official Plan Description: To change the designation of the Subject Lands to a Site-Specific :Multi-Unit Residential” to permit the development of a condominium townhouse with 13 units Reference Number: OPA-01/22 Property Address: 2 Robinson and 3 Erieus Street Municipality/UT: City of Bayham OLT Case No.: OLT-23-000137 OLT Lead Case No.: OLT-23-000137 OLT Case Name: Barry Wade Homes Inc. v. Bayham (City)

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

Applicant and Appellant: Barry Wade Homes Inc. Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To change the zoning on the southern portion of the lands to a Site-Specific Village Residential zone to permit townhouse development and to permit several site-specific zone regulations Reference Number: ZBA 02/22 Property Address: 2 Robinson and 3 Erieus Street Municipality/UT: City of Bayham OLT Case No.: OLT-23-000138 OLT Lead Case No.: OLT-23-000137

BEFORE:

) Monday, the 12th KURTIS SMITH ) MEMBER ) day of February, 2024

THESE MATTERS having come on for a public hearing on September 7, 2023 with a written decision issued on October 30, 2023;

AND THE TRIBUNAL having heard the evidence of all witnesses and submissions of counsel for the Parties related to the approval of the modified official plan amendment and modified zoning by-law amendment with respect to the lands known municipally as 2 Robinson and 3 Erieus Street in the Municipality of Bayaham (the “Instruments”);

THE TRIBUNAL ORDERS:

(a) That in accordance with subsection 17(50) of the Planning Act, R.S.O. 1990, c. P.13 (the “Act”), the appeal of the official plan amendment is allowed in part, and the proposed amendment to the Official Plan, 2016, as modified and recommended for approval by the Parties, attached hereto as Schedule 1, is hereby approved in accordance with this Order;

(b) That in accordance with subsection 34(26)(b) of the Act, the appeal of the zoning by-law amendment is allowed in part, and the proposed amendment to the City of Bayham Zoning By-law, as modified and recommended for approval by the Parties, attached hereto as Schedule 2, is hereby approved in accordance with this Order;

AND THE TRIBUNAL FURTHER ORDERS that this concludes the appeal of Barry Wade Homes Inc.

“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.

Schedule “1”

Schedule “2”