Ontario Land Tribunal

Tribunal ontarien de l’aménagement

du territoire

ISSUE DATE:

December 10, 2024

CASE NO(S).:

OLT-23-000241

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

Applicant and Appellant:

Quincy Developments

Subject:

Request to amend the Official Plan – Refusal to adopt the requested amendment

Description:

To facilitate the development of a 177 unit high density residential building

Reference Number:

By-law 2767 - OPA

Property Address:

410 Sunset Drive

Municipality/UT:

Municipality of Central Elgin

OLT Case No.:

OLT-23-000241

OLT Lead Case No.:

OLT-23-000241

OLT Case Name:

Quincy Developments v. Central Elgin (Municipality)

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

Applicant and Appellant:

Quincy Developments

Subject:

Application to amend the Zoning By-law – Refusal of zoning amendment

Description:

To permit an apartment building and medical/dental office uses to maximum height of 6 storeys

Reference Number:

By-law 2768 ZBA

Property Address:

410 Sunset Drive

Municipality/UT:

Municipality of Central Elgin

OLT Case No.:

OLT-23-000242

OLT Lead Case No.:

OLT-23-000241

Heard:

November 27, 2024 by Video Hearing

APPEARANCES:

Parties

Counsel

Quincy Developments

Alex Ciccone

(“Appellant”)

Municipality of Central Elgin

Analee Baroudi

(“Municipality”)

County of Elgin

Nicholas Loeb

(“County”)

MEMORANDUM OF ORAL DECISION DELIVERED BY T.F. NG ON NOVEMBER 27, 2024 AND ORDER OF THE TRIBUNAL

Link to Order

INTRODUCTION

1The matter before the Tribunal was a hearing to consider a settlement proposal (“Proposal”) of the Appellant’s appeals of an Official Plan Amendment (“OPA”), and a Zoning By-law Amendment (“ZBA”) (the “Applications”).

2The purpose of the Applications was to facilitate the development of a 177 unit, high density residential development with a six-storey building on lands municipally known as 410 Sunset Drive (“Subject Lands” / “Site”) in the Municipality of Central Elgin (“Municipality”).

3Following the Proposal, drafts OPA and ZBA were provided.

4Mathew Campbell, an experienced Planner, swore an Affidavit on November 21, 2024, on behalf of the Appellant, in support of the Proposal. He was qualified to give expert opinion evidence in land use planning matters. The Affidavit was marked as Exhibit 1 and the Document Book was marked as Exhibit 2.

5The Tribunal, having reviewed the documents, the Proposal, and the affirmed testimony of Mr. Campbell, allows the appeals for the reasons set out below.

PLANNING EVIDENCE

6Mr. Campbell gave an overview of the Applications and the legislative and policy framework in support of the Proposal. He addressed the concerns of the Participants, relating to servicing and sewage, traffic, lack of amenities, noise, and lack of transit. He informed the Tribunal that the Appellant’s consultant engineers and experts in each area of concern, have conveyed, through reports/studies, that there were no adverse impacts on the neighbourhood properties.

7The relevant policy framework includes the Provincial Planning Statement, 2024 (“PPS”), the County of Elgin Official Plan (“COP”), and the Municipality’s Official Plan (“OP”). Mr. Campbell opined that the Proposal, the OPA, and ZBA represent good land use planning, and he recommended approval of the OPA and ZBA.

AREA CONTEXT

8The Subject Lands are underutilized in their current form. The vacant two-storey building and associated parking lot occupy approximately 0.6 hectares (less than half) of the Subject Lands. The Site is a rectangular shaped parcel approximately 1.8 hectares in area, located at the northwest corner of the Sunset Drive and Karen Street intersection.

9The Site is situated adjacent to the east of an older, established, residential neighbourhood. This area is largely characterized by low-density single detached dwellings, with the majority of dwellings being on large lots with ample landscaped area. Abutting and adjacent lands to the north, east, and south are used for office, institutional, and restaurant uses.

10The Site is within the Tier 1 Settlement Area in the COP; is designated Office Professional in the OP; and is zoned Open Space 1 (OS1) in the Township of Yarmouth Zoning By-law No.1998 (“ZBL”).

11Surrounding land uses comprise low-density residential uses to the west, but also include institutional (Southwest Centre for Forensic Mental Health Care, and Elgin County administrative building), open space, and agricultural lands. The Port Stanley Terminal Railway (“PSTR”) abuts the Subject Lands to the west. A privately owned, but municipally operated, pumping station is located towards the southeasterly corner of the Site.

12The Site is well separated from the low-density residential uses to the west by the PSTR. The closest dwelling is located approximately 42 metres (“m”) away from the westerly lot line of the Site. The proposed buildings have been designed to be positioned away from the rear yards of the single detached dwellings opposite the railway line. The proposed buildings provide a minimum 24.4 m setback to the westerly side yard. The closest single detached dwelling would be a minimum of 66.4 m away from the closest proposed building.

13The original OPA sought a site-specific exception to the Office Professional designation on the Subject Lands to allow for high-density residential uses, and medical/dental office uses, in addition to the standard permitted uses in the designation, being offices; public administration buildings; and institutional uses.

14An associated ZBA was submitted concurrently with the original OPA. The existing Open Space 1 (OS1) zone permits farm uses; rural-residential uses; institutional uses; home occupations; and accessory uses. As such, the existing Open Space OS1 zone would not permit the proposed residential development, and a site-specific Residential 1 (R1) zone was requested.

THE REVISED PROPOSAL

15As part of the Proposal, a revised development plan has been prepared, now showing a six-storey, 90-unit, mixed-use apartment building containing 185.5 square metres (2,000 square feet) of ground-floor commercial floor area, and 28 townhouse units, together with associated surface parking.

16This revised development plan shows a reduced residential intensity, and inclusion of commercial uses in the apartment building.

17Additionally, zoning regulations are proposed to permit a limited range of uses, primarily institutional uses and a non-profit school, within the existing building as an interim use until the Site is redeveloped.

ANALYSIS AND FINDINGS

18The Tribunal accepts the uncontested opinion evidence of Mr. Campbell. The Tribunal finds that the Proposal has proper regard for the matters of provincial interest as set out in s. 2 of the Planning Act (“Act”). In particular, s. 2(h) on the orderly development of communities, s. 2(p) on the appropriate location of growth and development, and s. 2(r) on the promotion of built form that is well-designed and encourages a sense of place.

19Further, the proposed development is consistent with the PPS, issued under s. 3 of the Act, which came into effect on October 20, 2024. The PPS is a streamlined province-wide land use planning policy framework that replaces both the Provincial Policy Statement, 2020 and the A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2019.

20Mr. Campbell opined, and the Tribunal agrees, that the Proposal is consistent with the policies within the PPS and conforms to the COP and the OP.

Provincial Planning Statement, 2024

21The Proposal is consistent with the policies of the PPS that encourage all types of residential intensification, including the development and redevelopment of underutilized commercial and institutional sites for residential uses, development and introduction of new housing options within previously developed areas, and redevelopment resulting in a net increase in residential units (section 2.2.1.b.2).

22The PPS encourages planning authorities to promote densities for new housing which efficiently use land, resources, infrastructure, public service facilities, and which support the use of active transportation networks (section 2.2.1.c).

23The proposed development makes efficient use of underutilized lands which utilize full municipal services, introduces a new form of housing to an existing built-up area, and are adjacent to an active transportation network. The Proposal is consistent with the PPS.

County of Elgin Official Plan

24The Site is within the Tier 1 Settlement Area in the COP, which are areas that, generally, have the largest populations in the County. As a consequence, these areas have full municipal services. Given the level of servicing in these areas, and the potential for these areas to be central communities where a range of uses and opportunities can be provided, the COP directs the majority of new growth to Tier 1 Settlement Areas (section B2.5.d).

25The Proposal is consistent with the planned function of the COP to direct new growth towards Tier 1 Settlement Areas.

26It is a goal of the County to ensure the provision of an appropriate range of housing types and densities to meet the needs of current and future residents (section C1.3.1.c).

27The County supports residential intensification and redevelopment within settlement areas, where an appropriate level of physical services are or will be available in the immediately foreseeable future (section C1.3.2.a).

28The Proposal is consistent with the COP goals by intensifying underutilized and vacant lands and making efficient and appropriate use of existing municipal servicing infrastructure by increasing the density on the Subject Lands.

Municipality’s Official Plan

29The OP outlines several policies which detail the need for residential intensification to take place on full municipal services.

30The Municipality has established a residential intensification target of 10%, to be directed towards the built-up portions of Urban Settlement Areas, where full municipal sewer and piped water facilities are available (section 2.2.c).

31Residential intensification shall only be permitted where full municipal sewer and water services exist (section 2.3.2.1.b).

32In Urban Settlement Areas, priority will be given to the orderly development of land which is presently serviced with municipal piped water and sewage disposal systems, or those areas that can most easily be serviced at a minimal expense (section 2.8.1.1.1.c.).

33The Proposal is consistent with these OP policies by being in a “priority”, fully serviced and built-up area. The Site can swiftly contribute to the Municipality’s housing supply and does not require any upgrades or extensions of municipal servicing infrastructure.

34The Site is within the Office Professional land use designation in the OP. The Proposal will redesignate the Subject Lands to the Residential land use designation, with special policies to permit a mixed-use apartment building and townhouses, and a limited range of commercial uses.

35The Proposal has been sensitively designed to be compatible with existing adjacent land uses by providing similar height of proximate existing buildings, as well as providing appropriate setbacks, and a transition in height from sensitive uses (sections 4.2.2c5 and 4.2.2c6).

36Section 2.13 of the OP provides policies for healthy communities. Mid-rise residential development is generally considered to be compatible within a low-rise residential and commercial neighbourhood context as it respects and maintains the existing neighbourhood character with no associated undue adverse impacts. The Proposal thus conforms to the OP.

37The Site Plan Approval stage will deal with final details of the development.

Township of Yarmouth Zoning By-law No.1998

38The Site is zoned Open Space 1 (OS1) in the ZBL. The Open Space 1 OS1 zone permits farm uses; rural-residential uses; institutional uses; home occupations; and accessory uses.

39The Proposal will rezone the Site to a site-specific Residential 1 (R1-X) to permit a mixed-use apartment building and townhouses.

40Mr. Campbell opined that the proposed zoning regulations are appropriate, implement the planned function of the OP, and are appropriate for the proposed development.

41The Tribunal finds that the Proposal:

a) Will promote residential intensification on an underutilized site and contribute meaningfully to the Municipality’s residential intensification target of 10%;

b) Is within the Tier 1 Settlement Area of the COP and the Urban Settlement Area of the OP with available municipal services, facilities, and amenities for the kind of residential intensification contemplated;

c) Is an efficient use of the Subject Lands and resources available at the Site, while being supportive of active transportation in this area;

d) Represents compatible development in the area’s built form character and will co-exist without adverse impacts to other properties;

e) Widens the range of housing options with the built form of apartment and townhouse units within the broader neighbourhood; and

f) Optimally creates commercial opportunities, use of facilities, and infrastructure for a complete community in the area.

CONCLUSION

42The Tribunal is satisfied that the Proposal, the OPA, and the ZBA represent good planning, have regard for the matters of provincial interest as set out in s. 2 of the Act, are consistent with the PPS, and conform to the COP and the OP.

43The Tribunal grants the appeals in part, and approves the OPA and ZBA.

ORDER

44THE TRIBUNAL ORDERS THAT the appeals are allowed in part, and that:

1. The Official Plan for the Municipality of Central Elgin is amended, as set out in Attachment 1 to this Order; and

2. The Township of Yarmouth Zoning By-law No. 1998 is hereby amended, as set out in Attachment 2 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

PART B – THE AMENDMENT

INTRODUCTORY STATEMENT

All of this part of the document entitled “Part B- the Amendment” constitutes Amendment No. 1 to the Municipality of Central Elgin Official Plan.

DETAILS OF THE AMENDMENT

The Official Plan is amended as follows:

Item 1:

Schedule “E” – Community of Norman Lyndale - Land Use Plan to the Municipality of Central Elgin Official Plan is hereby amended by redesignating the lands shown enclosed in heavy solid lines on the Location Plan and attached as Appendix “I” to this amendment from “Office Professional” to a site-specific “Residential” designation.

Item 2:

Subsection 4.3.1 (Residential - Policies) of the Official Plan is amended by adding the following new subsection after subsection 4.3.6.2 (New Development) and before Section 4.4 (Commercial Designations):

“4.3.7 Exceptions

“4.3.7.1 (Exception – 410 Sunset Drive)

The lands known as 410 Sunset Drive, and described as being Concession 6, Part of Lot 3, Registered Plan 11R-4446, Parts 1 to 8, permit residential uses on these lands consisting of a mixed-use apartment building with a maximum building height of 6-storeys and townhouses. A minimum commercial floor area of 185.6m2 (2,000ft2) shall be included in the mixed-use apartment building. A limited range of commercial uses, generally consisting of retail, restaurants (without drive-through), business office, and personal services are permitted on the ground floor of the mixed-use apartment building.

A business office, clinic, and not-for-profit school are permitted uses within existing buildings or structures as of the date of passing of the by-law.”

3. IMPLEMENTATION AND INTERPRETATION

The implementation and interpretation of this Amendment shall be in accordance with the respective policies of the Municipality of Central Elgin Official Plan.

ATTACHMENT 2

MUNICIPALITY OF CENTRAL ELGIN

BY-LAW NO. XXXX

A By-law to amend Township of Yarmouth Zoning By-law No. 1998

THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CENTRAL ELGIN ENACTS AS FOLLOWS:

1. Township of Yarmouth Zoning By-law No. 1998 as amended, is further amended by adding to Section 3, which Section includes the Zoning Maps and Schedules, Schedule “A” to this By-law, which Schedules are attached to and form part of this By-law, and such Schedule shall form part of By-law No. 1998 as amended, and shall be known as “Map Part 6(o)”, to By-law No. 1998 as amended.

2. Township of Yarmouth Zoning By-law No. 1998 as amended, is further amended by designating the lands outlined in heavy solid lines on Schedule “A” hereto as “R1-88”, and the provisions of subsection 9.2.1 of By-law No. 1998 as amended, shall apply to such lands, subject to the provisions of Section 3 of this By-law.

3. Township of Yarmouth By-law No. 1998 as amended is further amended by adding thereto, after subsection 9.2.2.87 and before Section 9.3 the following new subsection:

“9.2.2.88

9.2.2.88.1 Defined Area: R1-88, as shown on Zoning Map Part 6(o).

9.2.2.88.2 Permitted Uses: i) Residential Uses

a) Mixed-Use Apartment;

b) Townhouse;

c) Accessory uses to the foregoing.

ii) Commercial Uses in Relation to a permitted Mixed-Use Apartment:

a) Business Office

b) Clinic

c) Retail

d) Restaurant

e) Personal Service Shop

f) Accessory uses to the foregoing.

iii) Commercial Uses in Relation to Existing Buildings and Structures as of the date of passing of the By-law;

a) Business Office

b) Clinic

c) Accessory uses to the foregoing.

iv) Institution Uses in Relation to Existing Buildings and Structures as of the date of passing of the By-law;

a) A not-for-profit school.

9.2.2.88.3 Prohibited Uses: Drive-through facilities.

9.2.2.88.4 Permitted Buildings a) Mixed-Use Apartment with a

Structures: minimum of 185.6 sq.m. (2,000 sq.ft.) of ground-floor commercial;

b) Townhouses;

c) Existing Buildings and Structures as of the date of passing of the By-law;

c) Accessory buildings or structures.

9.2.2.88.5 Minimum Lot Area: 1,000 square metres.

9.2.2.88.6 Minimum Lot Frontage: 30 metres.

9.2.2.88.7 Minimum Lot Depth: 150 metres.

9.2.2.88.8 Maximum Lot Coverage: 40%

9.2.2.88.9 Location of Permitted The permitted buildings and

Buildings and Structures: structures identified in Section 9.2.2.88.4 shall be located within to areas shown on Schedule 75.

9.2.2.88.10 Height: a) 25 metres and a maximum of 6-storeys for a permitted Mixed-Use Apartment;

b) 13 metres for a permitted Townhouse use;

b) 5.5 metres for accessory buildings or structures.

9.2.2.88.11 Off-Street Parking: a) 1.5 spaces per unit for a permitted Residential Use;

b) 4.5 spaces per 100 sq.m. of floor area for a permitted Retail Use;

c) 3.0 spaces per 100 sq.m. of floor area for a permitted Business Office Use;

d) 3.0 spaces per 100 sq.m. of floor area for a permitted Personal Service Shop;

e) 20.0 spaces per 100 sq.m of floor area for a permitted Restaurant Use;

f) 3.0 spaces per 100 sq.m. of floor area for all other commercial uses not listed.

9.2.2.88.12 Minimum Landscaped

Open Space: 40%

9.2.2.88.13 Density: 105 units per hectare (maximum).

9.2.2.88.14 Exceptions: The provisions of subsection 9.2.1 shall not apply to the area defined in subsection 9.2.2.88.1.

4. In anticipation of the eventual consolidation of By-law 1998 and all amendments to such By-law, including this amendment, Schedule “B” to this By-law is hereby adopted, such Schedules being Zoning Map 6, to By-law 1998 amended to include the changes made in such Zoning Maps by all amendments to By-law 1998 to date, including this amendment.