Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: April 25, 2024

CASE NO(S).: OLT-22-004307

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

Applicant/Appellant: Marsville Estates Inc.

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

Description: To permit the development of a 59-unit residential subdivision

Reference Number: Z5-20

Property Address: 63076 County Road 3

Municipality/UT: East Garafraxa/Dufferin

OLT Case No.: OLT-22-004307

OLT Lead Case No.: OLT-22-004307

OLT Case Name: Marsville Estates Inc. v. East Garafraxa (Township)

PROCEEDING COMMENCED UNDER section 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant/Appellant: Marsville Estates Inc.

Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision

Description: To permit the development of a 59-unit residential subdivision

Reference Number: S1-20

Property Address: 63076 County Road 3

Municipality/UT: East Garafraxa/Dufferin

OLT Case No.: OLT-22-004308

OLT Lead Case No.: OLT-22-004307

Heard: April 18, 2024, in writing

APPEARANCES:

Parties	Counsel
Marsville Estates Inc.	A. Jeanrie, S. Brazzell
Township of East Garafraxa	J. Wilker, S. Floras

DECISION DELIVERED BY P. TOMILIN AND ORDER OF THE TRIBUNAL

Link to Order

1This was a Hearing in the matter of the appeal by Marsville Estates Inc. (“Applicant” / “Appellant”) from the failure of the Township of East Garafraxa (“Township”) to make a decision within the statutory timeframes on applications for a Zoning By-Law Amendment and a Plan of Subdivision (“Applications”), pursuant to s. 34(11) and 51(34) of the Planning Act (“Act”), for the property municipally known as 63076 County Road 3 (“subject property” / “site”).

2Planning evidence was provided to the Tribunal by means of the written Affidavit of Darren Vella. Mr. Vella has over 24 years of experience in planning matters, including extensive experience in rural planning. After reviewing the qualifications and the signed Acknowledgement of Expert Duty, the Tribunal is satisfied that Mr. Vella is a qualified professional land use planner.

LOCATION AND SITE CONTEXT

3The subject property, is located at the southwest corner of County Road (“CR”) 3 and CR 24. It has a frontage of 641 metres (“m”) on CR 3 and 328 m of frontage on CR 24, and is approximately 26.1 hectares (“ha”) in size. The site has a vehicular access from both roads.

4The subject property is designated Community Settlement Area in the County of Dufferin (“County”) Official Plan (“OP”). It is designated Employment, Community Residential and Environmental Protection in the Township OP. The site is zoned Rural (RU) and Environmental Protection (EP) by the Township's Zoning By-law and is located within the Settlement Area of Marsville, which is a small rural hamlet containing a school, has a small residential population, and commercial/employment uses.

5Mr. Vella explained that the majority of the property (23.2 ha or 87.8%) was previously used for agricultural purposes and is currently vacant. A woodlot area is located in the southwest portion of the lot, covering 3.12 ha, or 11.9%, of the subject property. The County identifies a watercourse and woodlands as part of the County's Preliminary Natural Heritage System in the County OP. Ganarska Region Conservation Authority ("GRCA") identifies a small area in the north of the subject property as regulated area, and it is associated with the Butler Creek floodplain.

6Mr. Vella provided that the subject property is not located within the Greenbelt, the Oak Ridges Moraine, or the Niagara Escarpment Planning Areas. The site is located within the Greater Golden Horseshoe and is subject to the A Place to Grow: Growth Plan for the Greater Golden Horseshoe (“GP”) and the Provincial Policy Statement, 2020 (“PPS”).

7Mr. Vella provided an overview of the history of the Applications. He stated that the original proposal contemplated a larger development proposal in which the entirety of the lands were proposed for residential development. The application for Official Plan Amendment (“OPA”) proposed to redesignate the Employment Land to Community Residential through an Employment Land Conversion and aimed to create an 80-unit residential subdivision with a stormwater management pond, a stormwater bypass channel for surface water drainage, and a public park. Two access points were proposed, one from CR 3 with another from CR 24 on five internal streets with right-of-way widths of 20 m.

8After receiving comments from the Township and external agencies, the Applicant revised the original proposal and resubmitted the application in February of 2021. The proposal was reduced to a 78-unit residential subdivision and maintained the stormwater management pond and bypass channel. The public park was relocated to a central location and the municipal road access point from CR 24 was replaced with an emergency exit only. The five municipal roads proposed under the original proposal were reduced to three municipal roads, with one main access from CR 3.

9The revised proposal was circulated for agency comments. Mr. Vella submitted that he met with Township staff, their consultants, and external agencies to discuss the proposal in order to resolve outstanding issues, following which the final submission was made in May, 2022, accompanied by the updated technical reports.

10Following the discussions, Mr. Vella submits that the proposed development was reduced to a 58-unit residential subdivision by deferring the OPA application based on the County undertaking a Municipal Comprehensive Review. The final submission requested the Township to review the modified Zoning By-law Amendment and Draft Plan of Subdivision applications, consisting of a stormwater management pond, bypass channel, public park and three municipal roads.

11Mr. Vella proferred that the final submission was circulated for municipal and agency comments. Based on comments received, the Applicant decided to file an Appeal, due to the Township Council’s failure to make a decision within the required timeline under the Act. In the mean time, the Appellant has continued to work with the Township to resolve any remaining issues. As a result of discussions, a revised set of plans were agreed to and submitted to the Township on January 18, 2024. The Township Council and the Appellant reached an agreement on February 13, 2024.

LEGISLATIVE FRAMEWORK

12Under the applicable planning instruments, the Tribunal must be satisfied that the proposed development represents good planning, have regard for matters of provincial interest under s. 2 of the Act, is consistent with the PPS, and conforms to the GP, the OPs and the applicable Zoning By-laws.

EVIDENCE

13In Mr. Vella’s view, the proposed development has regard for the matters of provincial interest, as outlined in s. 2 of the Act.

14Mr. Vella is of the opinion that the proposed development will increase the supply of housing in the area while preserving the area's rural character by offering generously sized estate lots. He explained that the Applications propose single-detached residential development under the Hamlet Residential (HR) zone, with reduced lot areas and frontages in order to optimize site efficiency.

15Mr. Vella proferred that the proposed subdivision is not premature, as the lands have remained vacant for a number of years, and would introduce much needed housing into the market.

16It is Mr. Vella’s opinion that the development proposal has regard for matters of provincial interest, including the orderly development of safe and healthy communities; the adequate provision of increasing housing stock; the appropriate location of growth and development; and the promotion of development that is designed to be sustainable, to support pedestrians and community building.

17Mr. Vella reviewed the applicable policies of the PPS, the GP, the County OP and Township OP, and s. 51(24) of the Act.

18In summary, in Mr. Vella’s opinion, the development proposal has regard to matters of provincial interest in the Act, is consistent with the PPS and conforms with the GP; the County OP, and theTownship OP.

19Mr. Vella provided that the proposed development will increase the housing supply, and would allow the community of Marsville to develop into a more complete community. He further provided that the proposed development would lead to the existing municipal water system upgrade that will benefit the entire community.

20Mr. Vella concluded that it is his opinion that the proposed development represents good planning, is in the public interest, and should be approved.

ANALYSIS AND FINDINGS

21The Tribunal accepts the uncontroverted professional opinion of Mr. Vella and finds that the proposed Zoning By-law Amendment and Draft Plan of Subdivision represent good planning, are consistent and/or conform with the higher-level policy documents, such as the PPS, the GP, the County OP, Township OP, and s. 51(24) of the Act.

ORDER

22THE TRIBUNAL ORDERS that the appeal is allowed in part and directs the municipality to amend By-law No. 60-2004. The Tribunal authorizes the municipal clerk of the Township of East Garafraxa to assign a number to this by-law for record keeping purposes;

23THE TRIBUNAL ORDERS that the appeal is allowed in part and the draft plan shown on the plan prepared by Innovative Planning Solutions dated December 20, 2023 comprising 63076 County Road 3, in the Township Of East Garafraxa, County of Dufferin is approved subject to the fulfillment of the conditions set out in Attachment 1 to this Order;

24AND THE TRIBUNAL ORDERS that pursuant to subsection 51(56.1) of the Planning Act, the Township of East Garafraxa shall have the authority to clear the conditions of draft plan approval and to administer final approval of the plan of subdivision for the purposes of subsection 51(58) of the Act. In the event that 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.

“P. Tomilin”

P. Tomilin

MEMBER

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