Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 21, 2024
CASE NO.: OLT-23-000080
PROCEEDING COMMENCED UNDER section 17(36) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant: 1863849 Ontario Ltd. and Venetian 1600 Inc.
Appellant: City of Sarnia
Appellant: JN Ventures Inc., 406 Farm Inc., 3719 and 3771 Queen Street Inc.
Subject: Proposed Official Plan Amendment
Description: The purpose of this Plan is to set out the long-term goals for the development and use of lands and buildings within all the City of Sarnia
Reference Number: OPA 83-2022
Property Address: City of Sarnia
Municipality/UT: Sarnia/Lambton
OLT Case No: OLT-23-000080
OLT Lead Case No: OLT-23-000080
OLT Case Name: 1863849 Ontario Ltd. and Venetian 1600 Inc. v Lambton (County)
BEFORE:
M.A. SILLS
VICE CHAIR
Thursday, the 21st day of November, 2024
THIS MATTER having come before the Tribunal as a motion in writing on November 21, 2024;
THE TRIBUNAL ORDERS that in accordance with the provisions of section 17(50) of the Planning Act, R.S.O. 1990, c. P.13, as amended, the policies and Schedules of the City of Sarnia Official Plan (“Sarnia OP”), as adopted by the City on July 25, 2022 and as modified and approved by the County of Lambton on December 28, 2022, and as further modified in accordance with Appendix “A” to this Order, are hereby approved, save and except to the extent that those policies and Schedules remain under appeal on a site-specific basis to the property municipally known as 1358 Pamela Court/1284 Hillcrest Drive pursuant to the appeal of 1863849 Ontario Ltd. and Venetian 1600 Inc.
AND THE TRIBUNAL ORDERS that this approval shall be strictly without prejudice to, and shall not have the effect of limiting the positions of the parties to that remaining site-specific appeal or the jurisdiction of the Tribunal to consider and approve modifications in relation to that remaining site-specific appeal.
AND THE TRIBUNAL ORDERS that the appeal of JN Ventures Inc., 406 Farm Inc., 3719 and 3771 Queen Street Inc. is dismissed by virtue of section 17(36.0.2) of the Planning Act.
“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.
Appendix “A”
Confederation Line and Ronald Bloore Drive (OPA 33)
Modify Policy 5.7.21 as follows:
“5.7.21 Northwest and Northeast corners of Confederation Line and Ronald Bloore Drive
a) Single and semi-detached dwellings in low-rise buildings are permitted.
b) In addition to any normal requirements for any future Site Plan Control, Subdivision or Severance application, the following information shall be required:
i. A study prepared by a qualified professional for environmental noise and vibration related to the Environmental Noise Guideline - Stationary and Transportation Sources- Approval and Planning (NPC-300) (2013). The study shall be done on, the basis that the subject lands are designated “Class 4” in the guideline.
ii. Noise and vibration studies will be provided by the applicant, prepared by a qualified professional, examining all residential land within 1000 metres of any adjacent sensitive land use or industrial facilities to determine to show the proposal meets provincial spacing requirements for sensitive land uses (also known as the “D6 guidelines”). If this study notes that spacing cannot be achieved, the study is to provide mitigation methods which must form part of any conditions of approval of a subdivision, consent or site plan control agreement. These mitigation methods may include, but not be limited too buffering, fencing, building modifications or landscaping.
c) For any Site Plan Control application, the following policies shall apply:
i. The City shall designate the subject lands as “Class 4” for the purposes of the Environmental Noise Guideline - Stationary and Transportation Sources Approval and Planning (NPC-300) (2013).
d) For any Site Plan Control agreement or Site Plan Control approval issued with conditions, the following additional conditions will be applied:
i. With the registration of the Site Plan Control Agreement being on title of the subject lands, the agreement will include a warning for all unit owners that:
Noise and vibration may emanate from the nearby industrial activity.
Mitigation measurers were included in the design of the building and/or property to mitigate impacts of nearby industrial activity. These measurers are not to be interfered with and will remain on the property or incorporated into the building in perpetuity.
Adjacent industrial landowners shall not be responsible for any complaints arising from use of their facilities or their operations.
Adjacent industrial properties may expand operations, as per the appropriate zoning regulations. Adjacent industrial landowners shall not be responsible for any complaints arising from use or expansion of their operations.
ii. The City may require the owner of the site, and/or its successors, to enter into an agreement satisfactory to adjacent industrial land owners under the Industrial and Mining Lands Compensation Act, R.S.O. 1990, c.1.5.
1299 - 1331 Murphy Road (OPA 35) Modify Schedule “1” City Structure Plan to redesignate 1299 - 1331 Murphy Road from Community Area to Strategic Growth Area.
Modify Schedule “2” Land Use Plan to redesignate 1299 - 1331 Murphy Road from Neighbourhood to Mixed-Use Corridor II.
South Side of Exmouth Street/Venetian Blvd. (OPA 38)
Modify Schedule “4” Site and Area Specific Policy Areas to update the boundaries of Site and Area Specific Policy #11 to implement the revised boundaries approved by OPA 38.
275 Wellington Street (OPA 42)
Modify Schedule “1” City Structure Plan to redesignate 275 Wellington Street from Existing Community Area to Strategic Growth Area.
Modify Schedule “2” Land Use Plan to redesignate 275 Wellington Street from Major Institution to Mixed-Use Corridor II.
1450 London Road (OPA 44)
Modify Schedule “2” Land Use Plan to redesignate 1450 London Road from Mixed-Use Corridor I to Mixed-Use Corridor II.