Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 4, 2024
CASE NO(S).: OLT-22-002091 (Formerly PL210217) OLT-22-002100 (Formerly PL130063) OLT-22-002115 (Formerly PL151086) OLT-22-002147 (Formerly PL160076) OLT-22-002084 (Formerly PL171407) OLT-22-002079 (Formerly PL171408) OLT-22-002076 (Formerly PL171409) OLT-22-002171 (Formerly PL171515) OLT-22-002085 (Formerly PL180303)
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Bromont Homes Inc. Appellant: Kerry L.W. Doughty Appellant: Ferma Aggregates Inc. Appellant: Jennifer Graham; and others Subject: Official Plan Municipality: City of Kawartha Lakes OLT Case No.: OLT-22-002091 Legacy Case No.: PL120217 OLT Lead Case No.: OLT-22-002091 Legacy Lead Case No.: PL120217 OLT Case Name: Graham v. Ontario (Municipal Affairs and Housing)
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: J. Stollar Construction Limited Subject: Proposed Official Plan Amendment No. 35 Municipality: City of Kawartha Lakes OLT Case No.: OLT-22-002100 Legacy Case No.: PL130063 OLT Lead Case No.: OLT-22-002100 Legacy Lead Case No.: PL130063 OLT Case Name: J. Stollar Construction Ltd v. Kawartha Lakes (City)
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: J. Stollar Construction Limited Subject: By-law No. D06-18-103 Municipality: City of Kawartha Lakes OLT Case No.: OLT-22-002108 Legacy Case No.: PL130064 OLT Lead Case No.: OLT-22-002100 Legacy Lead Case No.: PL130063
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Catherine Gravely Appellant: J. Stollar Construction Limited Appellant: Ministry of Municipal Affairs and Housing Subject: Official Plan Amendment No. 15 Municipality: City of Kawartha Lakes OLT Case No.: OLT-22-002115 Legacy Case No.: PL151086 OLT Lead Case No.: OLT-22-002115 Legacy Lead Case No.: PL151086 OLT Case Name: Gravely v. Kawartha Lakes (City)
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Catherine Gravely Appellant: J. Stollar Construction Limited Appellant: Ministry of Municipal Affairs and Housing Subject: Proposed Official Plan Amendment No. 17 Municipality: City of Kawartha Lakes OLT Case No.: OLT-22-002147 Legacy Case No.: PL160076 OLT Lead Case No.: OLT-22-002147 Legacy Lead Case No.: PL160076 OLT Case Name: Gravely v. Kawartha Lakes (City)
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: 2358493 Ontario Inc. Appellant: BARMMAR Investments Ltd. & BMMB Investments Ltd. Appellant: Bromont Homes Inc. Appellant: Comhold Investments Ltd.; and others Subject: Proposed Official Plan Amendment No. OPA 13 Municipality: City of Kawartha Lakes OLT Case No.: OLT-22-002084 Legacy Case No.: PL171407 OLT Lead Case No.: OLT-22-002084 Legacy Lead Case No.: PL171407 OLT Case Name: Gravely v. Kawartha Lakes (City)
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Comhold Investments Ltd. Appellant: Catherine Gravely Appellant: J. Stollar Construction Limited Appellant: William Westcott Subject: Proposed Official Plan Amendment No. OPA 14 Municipality: City of Kawartha Lakes OLT Case No.: OLT-22-002079 Legacy Case No.: PL171408 OLT Lead Case No.: OLT-22-002079 Legacy Lead Case No.: PL171408 OLT Case Name: Gravely v. Kawartha Lakes (City)
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: 2358493 Ontario Inc. Appellant: BARMMAR Investments Ltd. & BMMB Investments Ltd. Appellant: Bromont Homes Inc. Appellant: Catherine Gravely; and others Subject: Proposed Official Plan Amendment No. 16 Municipality: City of Kawartha Lakes OLT Case No.: OLT-22-002076 Legacy Case No.: PL171409 OLT Lead Case No.: OLT-22-002076 Legacy Lead Case No.: PL171409 OLT Case Name: Gravely v. Kawartha Lakes (City)
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicants and Appellants: Comhold Investments, Medlaw Corporation and Mason Burch Subject: Request to amend the Official Plan - Failure of the City of Kawartha Lakes to adopt the requested amendment Existing Designation: Urban, Highway Commercial and Agricultural Proposed Designation: Urban Purpose: To permit the expansion of the existing Pinecrest nursing home and the development of 280 units within 6 four-storey condominium buildings Property Address/Description: 3400 and 3418 CLK Road 36 and 91 Little Bob Drive Municipality: City of Kawartha Lakes Approval Authority File No.: D01-16-156 OLT Case No.: OLT-22-002171 Legacy Case No.: PL171515 OLT Lead Case No.: OLT-22-002171 Legacy Lead Case No.: PL171515 OLT Case Name: Comhold Investments v. Kawartha Lakes (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicants and Appellants: Comhold Investments et al Subject: Application to amend Zoning By-law No. 6-87 and 16-78 - Refusal or neglect of the City of Kawartha Lakes to make a decision Existing Zoning: General Rural (A1), Highway Commercial (C2), Community Facility (CF) and Urban Residential Type One (R1) Zone Proposed Zoning: Site Specific (TBD) Purpose: To permit the expansion of the existing Pinecrest nursing home and the development of 280 units within 6 four-storey condominium buildings Property Address/Description: 3400 and 3418 CLK Road 36 and 91 Little Bob Drive Municipality: City of Kawartha Lakes Municipality File No.: D06-35-074 OLT Case No.: OLT-22-003781 Legacy Case No.: PL171516 OLT Lead Case No.: OLT-22-002171 Legacy Lead Case No.: PL171515
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicants and Appellants: Comhold Investments et al Subject: Proposed Plan of Subdivision - Failure of the City of Kawartha Lakes to make a decision Purpose: To permit the expansion of the existing Pinecrest nursing home and the development of 280 units within 6 four-storey condominium buildings Property Address/Description: 3400 and 3418 CLK Road 36 and 91 Little Bob Drive Municipality: City of Kawartha Lakes Municipality File No.: D05-35-019 OLT Case No.: OLT-22-003782 Legacy Case No.: PL180414 OLT Lead Case No.: OLT-22-002171 Legacy Lead Case No.: PL171515
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicants and Appellants: Bromont Homes Inc., Bromont Investments Inc., Bromont Lindsay 2 Corp. and Bromont Lindsay 5 Corp. Subject: Request to amend the Official Plan - Failure of the City of Kawartha Lakes to adopt the requested amendment Existing Designation: Highway Commercial, Tourist Commercial and Environmental Protection Proposed Designation: Highway Commercial, Mixed Use Gateway, Prestige Industrial and Parks and Open Space Purpose: To permit retail, service commercial and prestige employment uses with a collector street Property Address/Description: 2387 Highway 7 and 332 Lindsay Street South Municipality: City of Kawartha Lakes Approval Authority File No.: D01-17-005 OLT Case No.: OLT-22-002085 Legacy Case No.: PL180303 OLT Lead Case No.: OLT-22-002085 Legacy Lead Case No.: PL180303 OLT Case Name: Bromont Homes Inc. v. Kawartha Lakes (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicants and Appellants: Bromont Homes Inc., Bromont Investments Inc., Bromont Lindsay 2 Corp. and Bromont Lindsay 5 Corp. Subject: Application to amend Zoning By-law No. 93-90 - Refusal or neglect of the City of Kawartha Lakes to make a decision Existing Zoning: Agricultural (A), Highway Commercial (CH) and Open Space Exception Three (OS-3) Zones Proposed Zoning: Site Specific (To be determined) Purpose: To permit retail, service commercial and prestige employment uses with a collector street Property Address/Description: 2387 Highway 7 and 332 Lindsay Street South Municipality: City of Kawartha Lakes Municipality File No.: D06-17-020 OLT Case No.: OLT-22-002088 Legacy Case No.: PL180304 OLT Lead Case No.: OLT-22-002085 Legacy Lead Case No.: PL180303
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicants and Appellants: Bromont Homes Inc., Bromont Investments Inc., Bromont Lindsay 2 Corp. and Bromont Lindsay 5 Corp. Subject: Proposed Plan of Subdivision - Failure of the City of Kawartha Lakes to make a decision Purpose: To permit retail, service commercial and prestige employment uses with a collector street Property Address/Description: 2387 Highway 7 and 332 Lindsay Street South Municipality: City of Kawartha Lakes Municipality File No.: D05-17-002 OLT Case No.: OLT-22-002090 Legacy Case No.: PL180305 OLT Lead Case No.: OLT-22-002085 Legacy Lead Case No.: PL180303
BEFORE:
STEVEN COOKE VICE-CHAIR
N. EISAZADEH MEMBER
Monday, the 4th day of March, 2024
THIS MATTER having come before the Tribunal on May 23, 2023, as a motion for partial approval of the Phase 4 Appeals, which encompasses the Appeals of Policy 18.4.4 of the Official Plan Amendment No. 13 (“OPA 13”), referred to as the General Amendment to the City of Kawartha Lakes Official Plan (“CKLOP”) and Official Plan Amendment No. 16 (“OPA 16”) being the Lindsay Secondary Plan (“LOP”), collectively known as the “Phase 4 Appeals”;
AND WHEREAS by Order dated July 17, 2023, appended hereto as Attachment “1”, the Tribunal granted partial approval of the Phase 4 Appeals on the basis that it would withhold its Order (referred to as “Order No. 5”) until such time as the Minister of Municipal Affairs and Housing approved the formal repeal of the then current LOP in order to avoid the prospect of having two official plan policy documents in force and effect at the same time;
AND WHEREAS the Tribunal has since received confirmation from the Parties that on February 20, 2024, the Minister of Municipal Affairs and Housing approved the repeal of the then current LOP, effective as of February 21, 2024;
THE TRIBUNAL ORDERS that:
OPA 13 Policy 18.4.4 is modified in accordance with Modification No. 30 shown in Schedule “A” to this Order and such modification is hereby approved;
OPA 16 is modified as set out in Schedules “A” and “B” to this Order and that the sections, policies, text and maps so modified are hereby approved;
OPA 16 Policy 31.2.2.8.4 is modified to read as follows, and such modification is hereby approved: “To ensure that acceptable levels of service are maintained, it is expected that the infrastructure and services provided for new developments and redevelopments in Lindsay will be sized, located and designed to comply with the Council adopted engineering standards, guidelines and criteria”;
The only outstanding appeals pertaining to OPA 13, belonging to J. Stollar Construction Limited and Flato Lindsay Community Inc., have been resolved through this Order;
All of the outstanding appeals pertaining to OPA 16 have been resolved through this Order;
The Schedules which are attached to this Order shall form part of the Order; and,
This Order, inclusive of Schedules “A” and “B” which approve modifications to OPA 13 and OPA 16 as set out therein, are retroactively brought into full force and effect as of February 21, 2024.
“Euken Lui”
EUKEN LUI ACTING REGISTAR
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.