Southside Construction Management Ltd. v. Plympton-Wyoming (Town), 2024 CanLII 120517

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: November 26, 2024

CASE NO(S).: OLT-24-000360

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

Applicant and Appellant: Southside Construction Management Ltd.

Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision

Description: To permit a Zoning By-Law Amendment for a proposed development consisting of 26 single detached dwellings.

Reference Number: Zoning By-Law Amendment Application 3 of 2023

Property Address: 0 Hillsboro Road / Front Con Part Lot 51 RP:25R8162 Part 1

Municipality/UT: Plympton-Wyoming/Lambton

OLT Case No.: OLT-24-000360

OLT Lead Case No.: OLT-24-000360

OLT Case Name: Southside Construction Management Ltd. v. Plympton-Wyoming (Town)

Heard: October 30, 2024, by Video Hearing

APPEARANCES:

Parties	Counsel
Southside Construction Management Ltd. (“Appellant / Applicant”)	Analee Baroudi
Town of Plympton-Wyoming	Kelly Nenniger

MEMORANDUM OF ORAL DECISION DELIVERED BY L.P. YOU and J. INNIS ON october 30, 2024, AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This appeal arises under s. 34 (11) of the Planning Act (“Act”), following the refusal by the Town of Plympton-Wyoming (“Town”) regarding an application for a Zoning By-law Amendment to rezone the lands known municipally as 0 Hillsboro Road (“Subject Lands”) from the existing R5 to a site specific R7 zone. This Application would facilitate a proposed development for a plan of condominium consisting of 26 single detached dwellings.

2Disposition of the matter is a settlement proffered by the Parties for the consideration of the Tribunal. The proposed settlement reduces the number of single-detached dwellings in the proposed condominium from 26 to 25 single detached dwellings and modifies the site regulations, including the lot size, unit area and setbacks, as detailed as follows:

	Original proposal	Revised proposal
Minimum Unit Area	380 square metres	450 square metres
Minimum Required Yards
Front Yard	6-metre setback for a lot with Frontage on a Public Street	6-metre setback for a unit with frontage on a public street or 4.5-metre setback for a Main Building and 6-metre setback for an Attached or Detached Accessory Building on a Unit with Frontage on a private Street
Exterior Side Yard	1.5-metre setback for Lot on a Public Street	1.5-metre setback for a Unit with Frontage on a Public Street or 2-metre setback for a Unit with Frontage on a Private Street
Rear Yard	5-metre setback	6-metre setback

3The Tribunal confirms that it has received, reviewed and considered the following materials and submissions:

1. the Notice of Motion of the Town, dated March 19, 2024;
2. the uncontested opinion evidence of Dave Hannam, a Registered Professional Planner, member of the Ontario Professional Planner’s Institute, and member of the Canadian Institute of Planners, contained in his comprehensive affidavit sworn September 18, 2023 (marked as Exhibit 1);
3. Participant Statements filed with the Tribunal in the names of:
   1. Sandra Vanos;
   2. Michelle Elliot;
   3. Warren Hudson;
   4. Brian Wilmers;
   5. Hillsboro Beach Association represented by Brian Wilmers; and
   6. Will Robson
4. The Parties oral and written submissions in support of the Settlement; and
5. The Minutes of Settlement between the Town of Plympton-Wyoming and Appellant Dated October 11, 2024.

4Prior to the commencement of the Hearing, the Tribunal was advised in writing that Ms. Debbie Harrison withdrew her Party status.

analysis

5The settlement proposal addressed the concerns of the Town, including the net residential density on the Subject Lands, land dedication for road widening, confirmation of the service availabilities through studies by qualified professionals, traffic issues, and verification of no archaeological resources based on the required assessment.

6In the settlement proposal, the Tribunal is advised that the housing density has been lowered to better fit the characteristic of the neighbourhood and ensure the capacity of the municipal services of the area without negative impacts to surrounding properties.

7The Tribunal understands that the aforementioned sworn affidavit evidence of Mr. Hannam reflects revisions to the Application before the Tribunal that were reached through the cooperative efforts of the Parties.

8Mr. Hannam provided detailed oral testimony responding the concerns raised in the Participant Statements and the Tribunal is satisfied that the responses and the proposed settlement addressed the concerns.

9The Tribunal accepts the opinion evidence of Mr. Hannam as presented in his affidavit and oral testimony, and similarly finds that the Application, as revised, has regard to those applicable matters of provincial interest found in s. 2 of the Act, conforms to the 2024 Provincial Planning Statement, County Official Plan and the Town’s Official Plan, and otherwise reflects principles of good land use planning.

order

10THE TRIBUNAL ORDERS THAT:

1. That the appeal is allowed and By-law No. 97 of 2003 is hereby amended as set out in Attachment 1 to this Order. The Tribunal authorizes the municipal clerk of the Township of Plympton-Wyoming to assign a number to this by-law for record keeping purposes.

“L.P. You”

L.P. YOU

MEMBER

“J. Innis”

j. inniS

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