Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 26, 2024
CASE NO(S).: OLT-22-003608
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Equity Venture Group Corp. and National Properties Inc.
Subject: Proposed Plan of Subdivision - Failure of the County of Wellington to make a decision
Purpose: To permit a mixed-use community consisting of residential, commercial, employment, institutional and open spaces uses
Property Address/Description: Part of Lot 16 and 17 Concession 10, and Part of Lot 16, Concession 11
Municipality: Town of Erin
Municipality File No.: 23T-12001
OLT Case No.: OLT-22-003611
Legacy Case No.: PL171266
OLT Lead Case No.: OLT-22-003608
Legacy Lead Case No.: PL171265
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Equity Venture Group Corp. and National Properties Inc.
Subject: Request to amend the Official Plan - Failure of the Town of Erin to adopt the requested amendment
Existing Zoning: FD- Future Development
Proposed Zoning: Site Specific (To be determined)
Purpose: To permit a mixed-use community consisting of residential, commercial, employment, institutional and open spaces uses
Property Address/Description: Part of Lot 16 and 17 Concession 10, and Part of Lot 16, Concession 11
Municipality: Town of Erin
Municipality File No.: OPA D08
OLT Case No.: OLT-22-003609
Legacy Case No.: PL171302
OLT Lead Case No.: OLT-22-003608
Legacy Lead Case No.: PL171265
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Equity Venture Group Corp. and National Properties Inc.
Subject: Application to amend Zoning By-law No. 07-67 - Refusal or neglect of the Town of Erin to make a decision
Purpose: To permit a mixed-use community consisting of residential, commercial, employment, institutional and open spaces uses
Property Address/Description: Part of Lot 16 and 17 Concession 10, and Part of Lot 16, Concession 11
Municipality: Town of Erin
Approval Authority File No.: Z12-05
OLT Case No.: OLT-22-003610
Legacy Case No.: PL171301
OLT Lead Case No.: OLT-22-003608
Legacy Lead Case No.: PL171265
Heard: March 18, 2024, by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Northern Capital Corp. and National Properties Inc. (“Appellants”) | Meaghan McDermid |
| The Corporation of the County of Wellington (“County”) | Peter Pickfield |
| The Corporation of the Town of Erin (“Town”) | Quinto Annibale |
| Upper grand District School Board | Justine Reyes, Brad Teichman (in absentia) |
DECISION DELIVERED BY JEAN-PIERRE BLAIS AND ORDER OF THE TRIBUNAL
Link to Order
1The Appellants seek to redevelop lands known municipally as Part of Lots 16 and 17, Concession 10, and Part Lot 16, Concession 11 in the Town of Erin (“Subject Property”). In 2012, 4135199 Canada Inc., 2084937 Ontario Inc., and Sebecca Enterprises Corp. (“Original Applicants”) filed applications for amendments to the County’s Official Plan (“County OPA”), to the Town’s Official Plan (“OPA”), to the Town’s Zoning By-law (“ZBA”), and for approval of a Draft Plan of Subdivision (“DPS”). Appeals were commenced in 2017 pursuant to subsections 22(7), 34(11), and 51(34) of the Planning Act, R.S.O. 1990, c. P. 13, as amended (“Act”), based on the Town’s failure to decide within the prescribed timeframe.
2The Appellants are the successors in title to the Original Applicants.
3The application for the County OPA has been withdrawn.
4In December 2020, the Parties reached a first settlement agreement and entered into Minutes of Settlement on a resolution of the appeals, except with respect to certain lands (“Deferred Lands”). The elements of the previous settlement were approved by the Tribunal’s predecessor on January 5, 2021.
5The disposition of the outstanding portions of the appeals with respect to the Deferred Lands now comes before the Tribunal following a second settlement agreement, marked as Exhibit 1. The settlement proposal contemplates approval of the OPA, the ZBA, and the DPS (subject to conditions) for the Deferred Lands (“Proposal”). The Proposal relates to a block for affordable housing, a block for senior housing, a block for parkland, and an area for low-density residential uses.
6The Tribunal has received, reviewed, heard, and considered the uncontested opinion evidence of Keith MacKinnon, qualified by the Tribunal as an expert in land use planning, contained in his comprehensive Affidavit sworn on March 15, 2024, and marked as Exhibit 2.
7The Tribunal accepts the opinion evidence of Mr. MacKinnon as presented and similarly finds that the Proposal, as revised, has regard to those applicable matters of provincial interest found in section 2 of the Act, is consistent with the Provincial Policy Statement (2020), conforms to the Growth Plan for the Greater Golden Horseshoe (2020), conforms to the Greenbelt Plan 2017, conforms to the County’s OP, conforms to the Town’s OP, has regard to the matters prescribed in subsection 51(24) of the Act, and otherwise reflects principles of good land use planning. Furthermore, the Tribunal finds that the proposed conditions for the DPS approval are reasonable as required pursuant to subsection 51(25) of the Act.
ORDER
8THE TRIBUNAL ORDERS THAT:
a. The Appeals are allowed in part;
b. The Official Plan for the Town of Erin is amended as set out in Attachment 1 to this Order;
c. By-Law No. 07-67 of the Town of Erin, as amended, is further amended as set out in Attachment 2 to this Order. The Tribunal authorizes the Municipal Clerk of the Town of Erin to assign a number to this by-law for record-keeping purposes;
d. The Draft Plan of Subdivision, including the Deferral Areas, shown on the plan prepared by KLM Planning Partners Inc. dated February 20, 2024 and attached as Attachment 3 is approved subject to the fulfillment of the conditions set out in Attachment 4 to this Order; and
e. Pursuant to subsection 51(56.1) of the Act, the County of Wellington shall have the authority to clear the conditions of the draft plan approval and to administer final approval of the plan of subdivision for the purposes of subsection 51(58) of the Act. If there are any difficulties implementing any of the conditions of draft plan approval, or if any changes are required to be made to the draft plan, the Tribunal may be spoken to.
"Jean-Pierre Blais"
JEAN-PIERRE BLAIS
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
OFFICIAL PLAN AMENDMENT
The Official Plan for the Corporation of the Town of Erin is amended as follows:
The text attached hereto as Part Two is adopted as an amendment to the Official Plan for the Corporation of the Town of Erin; and
Schedule “1” attached hereto is adopted as an amendment to Schedule “A- 2” of the Official Plan for the Corporation of the Town of Erin.
STATEMENT OF COMPONENTS
PART ONE – INTRODUCTION is included for information purposes and is not an operative part of this Official Plan Amendment.
PART TWO – THE AMENDMENT, consisting of the text and schedule attached hereto, is an operative part of this Official Plan Amendment.
THE APPENDICES are not an operative part of this Official Plan Amendment
PART ONE – INTRODUCTION
- PURPOSE
To amend the provisions of the Official Plan of the Town of Erin (Town of Erin Official Plan 2012) to facilitate the development of a mixed-use neighbourhood in a manner which will better contribute to the creation of a complete community in the Erin Urban Area by redesignating certain lands from “Deferred Lands” to “Residential”.
- LOCATION
This Amendment applies to lands located between County Road 124 and Dundas Street East in the Town of Erin Urban Area, generally east of Erin Park Drive and described as Part of Lots 16 and 17, Concession 10, and Part of Lot 16, Concession 11, Town of Erin, County of Wellington.
- BASIS
The lands to be developed are identified as being in a settlement area in the Greenbelt Plan and the County of Wellington (“County”) Official Plan. They are located in the Erin Urban Area boundary in the Town of Erin Official Plan.
Through the Official Plan Amendment, certain portions of these lands are proposed to be redesignated to better allow for the development of a complete community in the Erin Urban Area:
i) Redesignation of +/- 8 ha. designated as “Deferred Lands” to “Residential”.
This amendment will result in a development that implements and conforms to Provincial and County planning policy, as well as the Town’s Official Plan, with respect to the creation of a mixed-use neighbourhood in the Erin Urban Area. The development will be on full urban services and provides for a range and mix of housing including affordable housing and seniors housing.
PART TWO – THE AMENDMENT
- PURPOSE
To amend the provisions of the Official Plan of the Town of Erin (Town of Erin Official Plan 2012) to facilitate the development of a mixed-use neighbourhood in a manner which will better contribute to the creation of a complete community in the Erin Urban Area by redesignating certain lands from “Deferred Lands” to “Residential”.
- THE AMENDMENT
The Official Plan of the Town of Erin is hereby amended as follows:
2.1 Schedules
By modifying Schedule “A-2”, Erin Urban Area as shown on Schedule 1 to this Amendment:
i) To redesignate +/- 8 ha. designated as “Deferred Lands” to “Residential”.
- IMPLEMENTATION AND INTERPRETATION
This Official Plan Amendment shall be implemented and interpreted in accordance with the implementation and interpretation provisions set out in the Amendment and the relevant sections of the Official Plan.
SCHEDULE 1
ATTACHMENT 2
BY-LAW AMENDMENT
- That Schedule ‘B’, Erin Zoning Map Town of Erin, is amended by rezoning the lands legally described as Part of Lots 16 and 17, Concession 10 and Part of Lot 16, Concession 11, and identified as the “Deferred Lands” to the following zones:
i. “Residential (R-101)”;
as shown on Schedule “A” of this By-law.
A Holding 3 (H3) symbol is also applied to certain lands zoned R-101. The Council of the Town of Erin shall not remove the Holding 3 (H3) Symbol from the R-101 Zone until the following conditions have been complied with:
i. Provision to the Town of a deposited M-Plan/R-Plan with the Land Registry Office for lands municipally known as 9678 Dundas Street East;
ii. Confirmation that any new proposed lots meet the zoning provisions of the R-101 Zone; and,
iii. Approval of a part lot control exemption application(s).
- THAT Zoning By-law 07-67, as amended, is hereby further amended to give effect to the foregoing, but Zoning By-law No. 07-67, as amended, shall in other respects remain in full force and effect save as may be otherwise amended or hereinafter dealt with.
SCHEDULE A
ATTACHMENT 3
DRAFT PLAN OF SUBDIVISION
ATTACHMENT 4
CONDITIONS
The Draft Plan Conditions included as Attachment 4 to the Decision of the Local Planning Appeal Tribunal issued January 5, 2021 shall apply with the following revisions:
Condition 1 shall be revised to update the date of the draft plan of subdivision to reflect the draft plan included at Attachment 3 as follows:
- Approval shall relate to a draft plan of Subdivision prepared by KLM Planning Inc. with a Surveyor’s Certificate from Rady-Pentek & Edward Surveying Ltd., drawing no. 20:5 dated February 20, 2024, subject to outstanding Town comments being addressed including, but not limited to the following conditions. The draft plan may be further redlined revised, if necessary, in order to meet the Town of Erin’s (“Town”) requirements including, but not limited to:
a. Changes identified through an internal functional traffic design study to outline road alignments and widenings that may be required to accommodate turning lanes and a roundabout;
b. Reserves;
c. Daylight triangles and corner roundings at all intersections shall be comprised of 9m minimum property line, sidewalk and curb line radius and all 90-degree bends must have a 17m minimum property line and curb line radius.
d. Temporary turning circles shall have a 22m property line and 19m curb line radius;
e. Block delineation and boundary adjustments;
f. Landscaping and buffering for BL-903; and,
g. Confirmation of location of road access for BL-903 and BL-905.