Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: November 29, 2024

CASE NO(S).: OLT-23-000531

PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Appellant: Friends of Grass Lake

Applicant: Harburn Holdings Ltd.

Subject: Proposed Official Plan Amendment

Description: To permit an 88-unit residential development consisting of suburban residential areas, mixed use areas, and environmental protection areas.

Reference Number: D10-OPA-2021-001, 4624-OPA-001

Property Address: Part Lots 9 &10, Concession 8, Plan 9R-10423 Parts 1-5

Municipality/UT: Dysart et al/Haliburton

OLT Case No: OLT-23-000531

OLT Lead Case No: OLT-23-000531

OLT Case Name: Friends of Grass Lake v. Haliburton (County)

PROCEEDING COMMENCED UNDER section 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Appellant: Friends of Grass Lake

Applicant: Harburn Holdings Ltd.

Subject: Zoning By-law Amendment

Description: To permit an 88-unit residential development consisting of suburban residential areas, mixed use areas, and environmental protection areas.

Reference Number: BL 2023-87

Property Address: Part Lots 9 &10, Concession 8, Plan 9R-10423 Parts 1-5

Municipality/UT: Dysart et al/Haliburton

OLT Case No: OLT-23-001071

OLT Lead Case No: OLT-23-000531

Heard: November 25, 2024 by Video Hearing

APPEARANCES:

Parties	Counsel
Friends of Grass Lake Federation for the Environment Inc. (“Appellant”)	D. Donnelly
Harburn Holdings Ltd. (“Applicant”)	K. Mullin, M. Murugesu
Municipality of Dysart et al (“Municipality”)	E. Veldboom
Highland Creature Corporation (“Added Party”)	R. Kehar

MEMORANDUM OF ORAL DECISION DELIVERED BY S. TOUSAW ON NOVEMBER 25, 2024 AND ORDER OF THE TRIBUNAL

1This Decision approves an Official Plan Amendment (“OPA”) as adopted by the Municipality and approved by the County of Haliburton (“County”), and approves a Zoning By-law Amendment (“ZBA”) which has been substantially revised to the satisfaction of the Appellant and the Added Party.

2Written and oral evidence was provided by Anthony Usher, Registered Professional Planner, whom the Tribunal qualified to provide opinion evidence in land use planning. Mr. Usher’s Affidavit was marked as Exhibit 1.

3On the uncontested evidence of Mr. Usher, the Tribunal finds as follows.

4In Haliburton Village, on the west side of Grass Lake, this “site” is 14.9 hectares (“ha”) of land and water, of which 8.33 ha are potentially buildable. The site abuts the south side of County Road 21 and the east side of Peninsula Road. A large portion of the site is within the regulated high water mark of Grass Lake. The partial services within Haliburton Village provide a sanitary sewer, but water supply must be obtained through private wells.

5In response to the appeals and in accordance with good planning principles, the Applicant scaled back the proposed development. It now proposes 35 residential units in a mixed-use building(s), along with specified commercial uses, on the proposed northerly lot adjacent to County Road 21. Each of the three southerly proposed lots will permit one detached dwelling, one additional dwelling unit, and accessory uses. The consent applications for the total of four lots have been submitted and will be considered by the County following this Decision.

6The OPA and revised ZBA address the environmental protection of Grass Lake, its associated wetlands, adjacent woodlands and re-naturalization, and a pond. The revised ZBA contains Holding provisions, including requiring: stormwater management for each of the proposed lots; an approved site plan for the northerly Mixed Use lot; and an agreement with the owner of 1014 Peninsula Road (the Added Party) ensuring no adverse effects from this development on an existing water supply.

7The concerns expressed by the Participants’ statements are aligned with the Appellant’s issues and have been duly addressed through the revisions to the ZBA.

8The development enabled by this OPA and revised ZBA will: contribute to the Municipality and County’s housing supply; display a scale and density suitable for the surrounding area; and ensure the protection of natural features and functions.

9The Tribunal accepts the opinion evidence of Mr. Usher and finds that the OPA and ZBA have regard for s. 2 of the Planning Act, are consistent with the Provincial Planning Statement, 2024, and conform with the County Official Plan, 2018. The OPA represents a suitable amendment to the Municipal Official Plan, 2019, and the revised ZBA conforms therewith. The resulting development represents good planning in the public interest.

ORDER

10The Tribunal Orders that the Appeals are allowed in part, and:

a) the Official Plan for the Municipality of Dysart et al is amended as set out in Attachment 1;

b) the Zoning By-law No. 2005-120 for the Municipality of Dysart et al is amended as set out in Attachment 2; and

c) the Municipal Clerk is authorized to format and number the amendments for record keeping purposes.

“S. Tousaw”

S. tousaw

VICE CHAIR

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

OFFICIAL PLAN AMENDMENT NO. 1 MUNICIPALITY OF DYSART ET AL

AMENDMENT NO. 1 TO THE OFFICIAL PLAN OF THE MUNICIPALITY OF DYSART ET AL

TABLE OF CONTENTS

Statement of Components

Page 3

Part A - The Preamble

Purpose and Effect

Location and Description

Basis

Part B - The Amendment

Introductory Statement

Details of the Amendment

Implementation and Interpretation

STATEMENT OF COMPONENTS

Part A - The Preamble does not constitute part of this Amendment.

Part B - The Amendment consisting of the following text and map, constitutes Amendment No. 1 to the Official Plan of the Municipality of Dysart et al.

PART A - THE PREAMBLE

Purpose and Effect

The purpose of this Amendment is to change the land use designation on Part Lots 9 & 10 Concession 8, further described as Parts 1-5 Plan 19R-10423 in the geographic Township of Dysart, in the Municipality of Dysart et al from the Rural Areas and Environmental Protection Areas designation to the Suburban Residential Areas, Mixed Use Areas, and Environmental Protection Areas designations.

This Amendment will permit the use of the subject lands for suburban residential and mixed use purposes while protecting the low lying & upper wetland features. The County will conduct a separate approval process for the proposed severance at a later date that would subdivide the subject property into 4 lots (3 severed and 1 retained lot). The subject property which is being severed is currently vacant. The development of the proposed lots would permit the following:

Lot 1 – mixed use and suburban residential up to a maximum of 15 dwelling units and low impact commercial;
Retained Lot – suburban residential with up to a maximum of 30 dwelling units and Environmental Protection;
Lot 2 – suburban residential with up to a maximum of 23 units; and
Lot 3 – suburban residential with up to a maximum of 20 dwelling units.

Location and Description

This Amendment applies to Part Lots 9 & 10 Concession 8, further described as Parts 1-5 Plan 19R-10423 in the geographic Township of Dysart, in the Municipality of Dysart et al, in the County of Haliburton more specifically shown on Schedule "A" of this amendment.

The subject lands are in the Haliburton Urban Village Policy Area and located at the corner of County Road 21 & Peninsula Road, and extending along Peninsula Road.

The subject property has historically been vacant and are designated as "Rural Areas and Environmental Protection Areas" in the Dysart et al Official Plan and located in the Haliburton Urban Village Policy Area. The neighbourhood is a mixture of commercial, mixed use, suburban residential, and Environmental Protection designated uses in the Municipal Official Plan. Specifically, the subject property is located at the corner of Peninsula Road and County Road 21 which include single residential dwelling, medium density dwellings, and Commercial uses, including a Tim Hortons, Haliburton Vet Clinic that are located in proximity to the subject property.

The subject lands are elevated along Peninsula Road and County Road 21 with slopes down towards the low-lying area and lake.

The subject property will be serviced with a private communal water system and will be connected to municipal sewers.

Map 1 shows the general location of the lands affected by this Amendment. Map 2 shows the proposed developable envelopes of the subject property.

Basis

The lands affected by this Amendment are presently designated as Rural Areas and Environmental Protection Areas in the Official Plan for the Municipality of Dysart et al. They are zoned Rural Type 1 (RU1) zone and Environmental Protection (EP) zone by By-law 2005-

An amendment to the Official Plan and an amendment to the Zoning By-law are required to permit the owner to use the property for the intended use of suburban residential and mixed use areas. The Environmental Protection Areas will be redelineated as a result of the OPA & ZBA to accurately define the EP boundary which coincides with high water mark and upland wetland areas shown on the registered plan 19R-10423 provided with the application.

The owner has applied for an amendment to By-law 2005-120. The application for an official plan amendment and the application for a zoning by-law amendment are being processed concurrently to address all aspects of the proposal.

The subject lands are located in an area of residential, mixed use and commercial uses as previously noted. The proposed use of the property is compatible with the surrounding use of medium density suburban residential, mixed use and commercial areas.

The proposed Amendment is prepared within the context of Provincial Policy and the Policies of the Official Plan of the Municipality of Dysart et al. Key policies, which provide direction, include:

PROVINCIAL POLICIES:

Policy 1.1.3 Settlement Areas Policy 1.4 Housing

Policy 2.1 Natural Heritage

Policy 1.6.6 Sewage, Water, Stormwater

Policy 1.8 Energy Conservation, Air Quality and Climate Change Policy 2.1.5 Natural Heritage

Policy 2.2 Water

Policy 2.6 Cultural Heritage and Archaeology COUNTY OF HALIBURTON OFFICIAL PLAN:

Section 1.3 Land Use Objectives Section 2 Settlement Areas Section 4 Housing

Section 5 Environment

Section 7.6 Cultural Heritage and Archaeology Section 7.15 Land Division

DYSART ET AL OFFICIAL PLAN:

Section 2 Basis and Objectives

Section 2.1.6 Trends in Permanent Population Section 2.2.2 Promotion of a Strong Community Section 3.2.1 Right-of-Way Widths

Section 3.2.2.3 Municipal Roads

Section 4 General Development Policies Section 4.3.2 Affordable Housing

Section 4.6 Lot Size and Shape Section 4.16.2 Lighting

Section 5.1 Water Resources

Section 6 General Land Use Policies

Section 6.5 Principle and Accessory Uses, Buildings, and Structures Section 7 Haliburton Village Urban Policy Area

Section 13 Environmental Protection Areas Section 16.9 Site Plan Control

The following controls will ensure proper development of the site:

Application for proposed consent: will subdivide the subject property into four (4) lots being three (3) severed and one (1) retained lot as separate land holdings and ensure that the appropriate mitigation measures and agreements are implemented. The application includes several conditions, including completion of this official plan amendment and completion of the corresponding zoning by-law to ensure that all approvals are in place prior to the creation of the lot.
Implementing zoning by-law: a by-law amendment is being processed concurrently with this application. A site specific zone will be applied to address the use of the proposed subject properties, for maximum number of dwelling units, building setbacks, parking ratio, shoreline vegetation buffer, water setback, and planting strips and to ensure compatibility with the surrounding uses. In addition, all properties will be subject to holding provisions to ensure the owner has completed all required studies and implemented the appropriate mitigations measure for development, protection of wetlands, and ensure proposed development has sufficient quality and quantity of water supply and will not negatively affect adjacent properties.
Site Plan Approval: Site plan control will apply to any development of the property.
Municipal sewers: The proposed building is serviced with municipal sewers. The municipal sewer treatment plant currently has capacity for the maximum development being proposed.

Ministry of the Environment and Climate Change (MOECC) approvals for private communal water systems and is a condition of the holding provisions being applied to the proposed properties.
Development of the subject property will be subject to Storm Water Management, enhanced Erosion Control and Construction Mitigation Plan and additional studies required through the site plan process:
Access from Peninsula Road: Entrance requirements to be reviewed and issued by the municipal Public Works department.

PART B - THE AMENDMENT

Introductory Statement

All of this part of the document, entitled "Part B - The Amendment", consisting of the following text and Schedule "A" constitutes Amendment No. 1 to the Official Plan of the Municipality of Dysart et al.

Details of the Amendment

The Official Plan of the Municipality of Dysart et al is amended as follows:

Schedule "A", Map 1 and Schedule “A”, Map 2 to the Official Plan of the Municipality of Dysart et al is amended by changing the designation on Part Lots 9 & 10, Concession 8, further described as Parts 1-5, Plan 19R10423 In the Geographic Township of Dysart, Municipality of Dysart et al from Rural Areas and Environmental Protection Areas to Suburban Residential Areas, Mixed Use Areas and Environmental Protection Areas as shown on Schedule "A" attached hereto and forming part of this Amendment.

Implementation and Interpretation

This Amendment to the Official Plan will be implemented and interpreted in the following manner:

a) This Amendment will be interpreted in accordance with the provisions of Section 1.6 of the Official Plan.

b) All provisions of the Official Plan, related to the Suburban Residential Areas, Mixed Use Areas, and Environmental Protection Areas designation will apply. Additional controls will be included in the implementing zoning by-law.

Attachment 1

County of Haliburton Modifications to the Official Plan Amendment No. 1 to the Municipality of Dysart et. al. Official Plan.

County No.	DOP Section No.	Modification	Reason

| Section 15.1 | Is modified by the addition of the following numerical and textual references to Section 15.1 SPECIAL AREAS: SITE SPECIFIC POLICIES which reads: i. 15.1.10 Special Area SSP-10: Grass Lake Area ii. If any new lot is created that includes part or all of Parts 1 and 2 and 3, Plan 19R- 10423, the implementing zoning bylaw for that lot shall include holding provisions that, among other things, require the owner or future owner/developer to demonstrate potable water to service the proposal to the satisfaction of the Municipality. Those provisions shall include a requirement that an agreement be executed, and provided to the Municipality, between the owner of the new lot and the owner of 1014 Peninsula Road to ensure that the water system for the new lot shall not adversely affect the quantity and quality of the existing water supply at 1014 Peninsula Road. It is acknowledged that the location of the existing test well on Part 3 will not adversely affect the quantity and quality of existing water supply at 1014 Peninsula Road. | To ensure that: i. That the modification is adequately referenced in the text of the Municipality of Dysart et. al. Official Plan; and, ii. That OPA No. 1 conforms to or does not conflict with the County Official Plan (i.e. Policy 7.3 Water Services) and is consistent with the Provincial Policy Statement (i.e. 1.6.6 Sewage, Water and Stormwater).
| SCHEDULE "A" MAP 1 and SCHEDULE "A" MAP 2 | Is modified by the addition of the following numerical and textual references as well as green polygonal illustrations to SCHEDULE "A" MAP 1 and SCHEDULE "A" MAP 2 of the Dysart et. al. Official Plan: i. SSP-10 – Section 15.1.10 ii. Green Polygon illustration around the boundary of the property identified as Parts 1, 2, 3, 4 and 5 on Plan 19R-10423. | To ensure that: i. That the modification is adequately referenced on the appropriate schedules of the Municipality of Dysart et. al. Official Plan;

ATTACHMENT 2

The Corporation of the United Townships of Dysart, Dudley, Harcourt, Guilford, Harburn, Bruton, Havelock, Eyre and Clyde

By-Law No. 2023 - 87

Being a by-law to amend Zoning By-law 2005-120

(Lands of Harburn Holdings Ltd.)

[Modified from the version passed September 26, 2023 and recommended to the Tribunal]

Whereas Section 34 of the Planning Act, R.S.O. 1990, c.P.13 authorizes the Council of a municipality to pass Zoning By-laws for the purpose of land use controls.

And whereas the Council of the Corporation of the United Townships of Dysart et al has received a complete application to amend Zoning By-law 2005-120, as amended.

And whereas a public meeting was held on September 29th, 2022 pursuant to Section 34(12) of the Planning Act, R.S.O. 1990, c.P.13.

And whereas Section 36 of the Planning Act, R.S.O. 1990, c. P. 13 as amended allows the Council of a municipality, in a by-law passed under Section 34 of the said Planning Act, to use the holding symbol “H” in conjunction with any designation to specify the use to which lands, buildings or structures may be put at such time in the future as the holding symbol is removed by amendment to the by-law.

And whereas the Council of the Corporation of the United Townships of Dysart et al deems it advisable to amend By-law No. 2005-120, as amended.

And whereas The Council of the Corporation of the United Townships of Dysart et al deems it advisable to use the holding provision of Section 36 of the said Planning Act for the following reasons:

To ensure compliance with the required site plan agreement.
To ensure that all required approvals are obtained prior to the development proceeding.

Now therefore the Council of the Corporation of the United Townships of Dysart et al enacts the following as a by-law:

Schedule "A", Map 1 – Haliburton and Schedule “A”, Map 2 – Dysart of By-law 2005-120, as amended, is hereby further amended by changing the zone symbol on Part Lots 9 & 10, Concession 8, further described as Parts 1-5, Plan 19R10423 in the geographic township of Dysart, from Rural Type 1 (RU1) zone and Environmental Protection (EP) zone to Suburban Residential - 5 (RS-5) exception zone, Suburban Residential - 6 (RS-6) exception zone, Suburban Residential - 7 (RS-7) exception zone, Highway Commercial - 36 (CH-36) exception zone, and Environmental Protection – 1 (EP-1) exception zone as shown on Schedule "A", attached hereto, and forming part of this By-law.
Section 5.4.12 to By-law 2005-120, as amended, is hereby further amended by the addition of the following subsections:

5.4.12.5 RS-5 Exception Zone (By-law 2023-87)

Despite any provision to the contrary of Section 5, or any other provision of this By-law, within the RS-5 Exception Zone, the following provisions shall apply:

a) Permitted Uses:

Despite Section 5.1 of this By-law, the only permitted residential uses are as follows:

A single-family dwelling
An additional dwelling unit
A private cabin

b) Zone Provisions:

All zone provisions applicable to the RS zone, except as follows:

Water setback from human-made pond, minimum: 30.0 metres
Setback from upland wetland, minimum: 30.0 metres
Shoreline vegetation buffer width, minimum: 30.0 metres

All provisions of this By-law applicable to a water setback, shall also apply to the setback from the upland wetland.

c) All other provisions of this By-law applicable to a RS Zone shall apply.

5.4.12.6 RS-6 Exception Zone (By-law 2023-87)

Despite any provision to the contrary of Section 5, or any other provision of this By-law, within the RS-6 Exception Zone, the following provisions shall apply:

(a) Permitted Uses:

Despite Section 5.1 of this By-law, the only permitted residential uses are as follows:

A single-family dwelling
An additional dwelling unit
A private cabin

(b) Zone Provisions:

All zone provisions applicable to the RS zone, except as follows:

Shoreline vegetation buffer width, minimum: 30.0 metres

5.4.12.6 RS-7 Exception Zone (By-law 2023-87)

Despite any provision to the contrary of Section 5, or any other provision of this By-law, within the RS-7 Exception Zone, the following provisions shall apply:

a) Permitted Uses:

Despite Section 5.1 of this By-law, the only permitted residential uses are as follows:

A single-family dwelling
An additional dwelling unit
A private cabin

(b) Zone Provisions:

All zone provisions applicable to the RS zone, except as follows:

Shoreline vegetation buffer width, minimum: 30.0 metres

Section 7.3.2 to By-law 2005-120, as amended, is hereby further amended by the addition of the following subsections:

7.3.2.36 CH-36 Exception Zone (By-law 2023-87)

Despite any provision to the contrary of Section 7, or any other provision of this By-law, within the CH-36 Exception Zone, the following provisions shall apply:

(a) Definitions:

For the purposes of Section 7.3.2.36 of this By-law:

a "boat" is a vessel as defined in the Canada Shipping Act.

(b) Permitted Uses:

Despite Section 7.1 of this By-law, the only permitted uses are as follows:

A medium density dwelling
Dwelling unit in a non-residential building
Bank
Business Office
Clinic
Home Office
Any other home business
Merchandise service shop
Neighbourhood store
Parking Lot
Personal service shop
Private Park
Professional office
Restaurant
Take-out restaurant
Retail store
Veterinary Clinic
Accessory retail store

Despite Section 3.1(b)(iii) of this By-law, no deck or patio is permitted within the water setback from Grass Lake or the setback from the upland wetland.

No boat may be parked or stored within the water setback from Grass Lake or the setback from the upland wetland.

All zone provisions applicable to the CH zone, except as follows:

Dwelling units per lot, maximum: 35
Despite Table 2 of this By-law, the minimum number of parking spaces is 1.5 spaces per dwelling unit.
Maximum number of parking spaces: 2 spaces per dwelling unit.
Minimum lot line setback, east interior side: 7.5 metres.

Shoreline vegetation buffer width to the high water mark of Grass Lake, minimum: 30.0 metres.

Setback from upland wetland, minimum: 30.0 metres

All provisions of this By-law applicable to a water setback, shall also apply to the setback from the upland wetland.

(d) All other provisions of this By-law applicable to a CH Zone shall apply.

Section 10.3.3 to By-law 2005-120, as amended, is hereby further amended by the addition of the following subsections:

10.3.3.1 EP-1 Exception Zone (By-law 2023-87)

Despite any provision to the contrary of Section 10, or any other provision of this By-law, within the EP-1 Exception Zone, the following provisions shall apply:

(a) Permitted Uses:

Despite Section 10.1 of this By-law, the only permitted uses are as follows:

Conservation, reforestation, or other similar passive use which provides for the preservation and management of the natural resources, excluding any buildings or structures;
Flood, erosion, or siltation control work;
On Grass Lake in front of the RS-5 Exception Zone, a marine facility consisting only of one dock with a gross floor area of not more than 25 m²;
On the human-made pond enclosed by the RS-5 Exception Zone, a marine facility consisting only of one dock with a gross floor area of not more than 15 m²; and
Public Park, excluding any buildings or structures.

(b) Zone Provisions:

All zone provisions applicable to the EP zone.

Pursuant to the provisions of Section 36 of the Planning Act, R.S.O. 1990, c.P.13, as amended, the holding symbol “H” is added to certain zone designations, as shown on Schedule “A”, attached hereto, so that the zones read:

Suburban Residential-5 with Holding Provision - “H-RS-5 Zone”:

a) During the period that the holding provisions are in place, the provisions of Section 9.1 and 9.2 Rural Type 1 (RU1) zone and Section 10.1 and 10.2 Environmental Protection (EP) zone of By-law 2005-120, as amended, will apply. Uses permitted on the subject lands will be in accordance with Section 9.1 and 10.1 of By-law 2005-120.

b) The provisions of the Suburban Residential-5 (RS-5) zone will only apply upon amendment of the By-law to remove the holding provisions.

c) Upon application by the registered owner, the Municipality will amend the by-law to remove the holding provisions when the following conditions have been completed or demonstrated to the satisfaction of the Municipality:

The County of Haliburton has given certificates of consent such that a lot has been created and registered corresponding to the H-RS-5 and H-EP-1 zones combined.
The developer has submitted a storm water management study and construction mitigation plan satisfactory to the Municipal engineer. This work will be undertaken and completed consistent with the pertinent Site Servicing recommendations in the addendum to Harburn's Environmental Impact Study/Wetland Site Assessment, Michalski Nielsen Associates Limited, June 7, 2022. Consideration will also be given to the use of stormwater holding tanks and low impact development techniques.
An agreement has been executed and provided to the Municipality, and the agreement or notice of the agreement registered on title within 60 days of the registration of the lot, between the developer and the owner of 1014 Peninsula Road to ensure that the water system will not adversely affect the quantity and quality of the existing water supply at 1014 Peninsula Road, and the Municipality has been provided with either: i) a copy of the Notice of Acceptability referred to in that agreement, or ii) confirmation that no well has been drilled within the Area of Influence as defined in that agreement.
The developer has applied to the Municipality for removal of the holding symbol.

Suburban Residential-6 with Holding Provision - “H-RS-6 Zone”:

b) The provisions of the Suburban Residential-6 (RS-6) zone will only apply upon amendment of the By-law to remove the holding provisions.

The County of Haliburton has given certificates of consent such that a lot has been created and registered corresponding to the H-RS-6 Zone.
The developer has submitted a storm water management study and construction mitigation plan satisfactory to the Municipal engineer. This work will be undertaken and completed consistent with the pertinent Site Servicing recommendations in the addendum to Harburn's Environmental Impact Study/Wetland Site Assessment, Michalski Nielsen Associates Limited, June 7, 2022. Consideration will also be given to the use of stormwater holding tanks and low impact development techniques.
The developer has applied to the Municipality for removal of the holding symbol.

Suburban Residential-7 with Holding Provision - “H-RS-7 Zone”:

a) During the period that the holding provisions are in place, the provisions of Section 9.1 and 9.2 Rural Type 1 (RU1) and Section 10.1 and 10.2 Environmental Protection (EP) zone of By-law 2005-120, as amended, will apply. Uses permitted on the subject lands will be in accordance with Section 9.1 and 10.1 of By-law 2005-120.

b) The provisions of the Suburban Residential-7 (RS-7) zone will only apply upon amendment of the By-law to remove the holding provisions.

The County of Haliburton has given certificates of consent such that a lot has been created and registered corresponding to the H-RS-7 Zone.
The developer has submitted a storm water management study and construction mitigation plan satisfactory to the Municipal engineer. This work will be undertaken and completed consistent with the pertinent Site Servicing recommendations in the addendum to Harburn's Environmental Impact Study/Wetland Site Assessment, Michalski Nielsen Associates Limited, June 7, 2022. Consideration will also be given to the use of stormwater holding tanks and low impact development techniques.
The developer has applied to the Municipality for removal of the holding symbol.

Highway Commercial-36 with Holding Provision - “H-CH-36 Zone”:

b) The provisions of the Highway Commercial-36 (CH-36) zone will only apply upon amendment of the By-law to remove the holding provisions.

The County of Haliburton has given certificates of consent such that a lot has been created and registered corresponding to the H-CH-36 Zone.
The Municipality has approved the site plan (including building location, exterior finishes, elevations, landscaping and environmental mitigation measures, and lighting measures consistent with the exterior lighting objectives of the Official Plan) and a site plan agreement has been executed by the Municipality and the registered owner. The site plan agreement will prohibit the development of any pathways within the water setback.
The developer has submitted a storm water management study and construction mitigation plan satisfactory to the Municipal engineer. This work will be undertaken and completed consistent with the pertinent Site Servicing recommendations in the addendum to Harburn's Environmental Impact Study/Wetland Site Assessment, Michalski Nielsen Associates Limited, June 7, 2022. Consideration will also be given to the use of stormwater holding tanks and low impact development techniques.
The developer has submitted engineering plans for the internal sewer system and the connection to the Municipal sewer system satisfactory to the Municipal engineer.
At the time of application to remove the holding symbol, there is sufficient capacity at the municipal sewage treatment plant to accommodate the proposed development.
The developer has demonstrated potable water to service the proposal and has satisfied all requirements of the Ministry of the Environment, Conservation and Parks and the Municipality with respect to the water system including:
The developer has submitted a hydrogeology report satisfactory to the Municipal engineer and the Ministry of the Environment, Conservation and Parks.
A Permit to Take Water has been issued by the Ministry of the Environment, Conservation and Parks for the water system.
The developer has submitted plans/reports for the design for the water treatment system satisfactory to the Municipal engineer.
The responsibility agreement for the private communal water system has been executed by the Municipality and the registered owner.
The Ministry of the Environment, Conservation and Parks has approved the Environmental Assessment, if necessary for the water system.
An agreement has been executed and provided to the Municipality, and the agreement or notice of the agreement registered on title within 60 days of the registration of the lot, between the developer and the owner of 1014 Peninsula Road to ensure that the water system will not adversely affect the quantity and quality of the existing water supply at 1014 Peninsula Road, and the Municipality has been provided with a copy of the Notice of Acceptability referred to in that agreement.
The developer has applied for and received an entrance permit from the Municipal Roads Department.
The developer has satisfied all requirements of the Municipal Fire Department and the Municipal Building Department with respect to the design of the building for fire safety.
The developer has applied to the Municipality for removal of the holding symbol.

This By-law shall come into force on the date of final passing if no notice of appeal is filed with the Clerk within 20 days of the giving of notice of passage of this By-law.

If a notice is filed with the Clerk, the By-law shall only come into force according to the provisions of Section 34(30) of The Planning Act, R.S.O. 1990, Chapter P.13, as amended.

READ a first, second and third time, passed, signed and the Corporate Seal attached hereto this 26th, day of September 2023.

Mayor: Murray Fearrey

Deputy Clerk/CAO: Tamara Wilbee

Friends of Grass Lake v. Haliburton (County), 2024 CanLII 120305

Case Summary

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

APPEARANCES:

MEMORANDUM OF ORAL DECISION DELIVERED BY S. TOUSAW ON NOVEMBER 25, 2024 AND ORDER OF THE TRIBUNAL

ORDER

ATTACHMENT 1

ATTACHMENT 2