Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: January 03, 2024 CASE NO(S).: OLT-22-004569

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

Applicant and Appellant: Cider Park Limited Partnership Subject: Application to amend the Zoning By-law – Neglect to make a decision Description: To permit the development of 77 townhouses Reference Number: ZBA3-22-RC Property Address: 23 Beverly Street East, St. George Municipality/UT: County of Brant OLT Case No.: OLT-22-004569 OLT Lead Case No.: OLT-22-004569 OLT Case Name: Cider Park Limited Partnership v. Brant (County)

Heard: December 12, 2023 by Video Hearing

APPEARANCES:

Parties	Counsel
Cider Park Limited Partnership ("Applicant/Appellant")	Jennifer Meader Jessica De Marinis (in absentia)
County of Brant ("County")	Rochelle Welchman Jyoti Zuidema (in absentia) Cheryl Glassford (in absentia)

MEMORANDUM OF ORAL DECISION DELIVERED BY ASTRID J. CLOS ON DECEMBER 12, 2023 AND ORDER OF THE TRIBUNAL

1The Tribunal convened a Hearing for an appeal brought pursuant to s. 34(11) of the Planning Act, ("Act") due to the failure of council to make a decision within the statutory timeframe for a Zoning By-law Amendment ("ZBA") related to the property municipally addressed as 23 Beverly Street East (St. George) ("Subject Property") located in the County of Brant.

2The Subject Property has approximately 27.5 metres of frontage on Beverly Street East and an area of approximately 1.77 hectares. The existing light industrial warehouse building(s) located on the Subject Property will be demolished.

3The ZBA was submitted to the County on February 1, 2022 and was deemed complete by the County on May 6, 2022. A Public Meeting was held on June 7, 2022.

4Cider Park Limited Partnership subsequently filed an appeal of the ZBA for the failure of council to make a decision within the statutory timeline.

5The Tribunal convened a Case Management Conference on June 6, 2023 where Ralph Paling and Virga Baltrusiunas were granted Participant status.

6The Parties advised the Tribunal that a settlement had been reached and that minutes of settlement had been endorsed. The Parties jointly requested that the scheduled five (5)-day Merit Hearing be converted to a one-day settlement hearing which was granted by the Tribunal.

7The purpose of the ZBA, as agreed to in the Proposed Settlement, is to permit a maximum of 77 townhouse units, with a private access road, a reduction in the requirement for visitor parking, a shared passive amenity space and landscape areas.

8This ZBA includes a Holding Zone applicable to the Subject Property which would permit a maximum of 29 townhouse units until the Holding provision is lifted. The remaining 48 townhouse units would be permitted conditional on the Holding provision being lifted once the St. George wastewater treatment plant expansion is completed and operational to the satisfaction of the County.

LEGISLATIVE TESTS

9The Tribunal, in carrying out their responsibilities shall have regard to, among other matters, matters of provincial interest as set out in s. 2 of the Act.

10A decision of the Tribunal in respect of any authority that affects a planning matter, shall be consistent with the Provincial Policy Statement, 2020 ("PPS") and shall conform with or shall not conflict with the Growth Plan for the Greater Golden Horseshoe, 2020 ("GP") as set out in s. 3(5) of the Act.

11Any decision of the Tribunal shall be made pursuant to s. 24(1) of the Act, in that where an official plan is in effect, no by-law shall be passed for any purpose that does not conform therewith.

PLANNING EVIDENCE

12The Applicant/Appellant filed the Affidavit of Trevor Hawkins in support of the Proposed Settlement. The Tribunal reviewed the education, experience and credentials of Trevor Hawkins and qualified him as an expert able to provide opinion evidence in the discipline of land use planning with respect to the ZBA. In providing his evidence Mr. Hawkins referenced Exhibit 1 - Affidavit of Trevor Hawkins, Exhibit 2 – Document Book and Exhibit 3 – Minutes of Settlement.

Matters of Provincial Interest, s. 2 of the Act

13The Tribunal heard evidence from Mr. Hawkins that the ZBA implementing the Proposed Settlement had appropriate regard for the applicable matters of provincial interest under s. 2 of the Act in particular that,

(j) The proposed townhomes will offer housing choice to future residents, by broadening the range of low-rise housing available in the area,

(n) The proposed development represents compatible residential development within an area planned for similar low rise residential uses,

(p) The lands are located within the Built-Up Area and within a Settlement Area.

14Mr. Hawkins provided his professional opinion that the ZBA, as requested within the Proposed Settlement, has had regard to the matters of provincial interest.

Provincial Policy Statement ("PPS")

15Mr. Hawkins reviewed his analysis related to the consistency of the ZBA with the PPS. He stated that the settlement will broaden the housing choice in the area in a built form that is compatible with the surrounding low-rise dwellings and intensify an under-utilized industrial parcel.

16Mr. Hawkins explained that the Subject Property is planned for residential development within the Built-Up Area on full municipal services with proximity to the core of St. George.

17Mr. Hawkins reviewed the holding provision proposed to phase the development in recognition of the ongoing planned expansion of the wastewater treatment plant capacity.

18Mr. Hawkins opined that the ZBA proposed within the settlement is consistent with the PPS in that the development represents the intensification of an underutilized industrial site planned for residential uses and will utilize existing services and an existing municipal road.

Growth Plan for the Greater Golden Horseshoe ("GP")

19Mr. Hawkins stated that the Subject Property is located within the 'Built-Up Area' which is identified as an area for growth. He explained that the proposed redevelopment will result in the more efficient use of the lands, replacing an industrial warehouse use with 77 townhouse units and, therefore, conform to the GP.

20Mr. Hawkins explained that in his opinion, the Proposed ZBA conforms to the GP because the area is well served by community amenities, including recreational areas and commercial uses. He stated that the introduction of townhomes will also broaden the housing choice available in the area for future residents.

County of Brant Official Plan ("OP")

21Mr. Hawkins identified that the Subject Property is designated "Urban Residential" in the OP. He stated that he considers the proposal to be intensification and provided his evaluation of s. 3.4.3 (a) criteria of the OP intended to evaluate new intensification. Mr. Hawkins provided his opinion that the ZBA meets the intensification criteria of the OP.

22Mr. Hawkins pointed out that s. 6.5.2 of the OP recognizes and permits the use of holding by-laws where County services are or will be available.

23Mr. Hawkins provided his opinion that the ZBA conforms to the OP in that the proposed townhomes are compatible with surrounding land uses and implement the policy framework which plans for the transition from the existing industrial use to residential uses.

COUNTY OF BRANT ZONING BY-LAW ("ZBL")

24Mr. Hawkins stated that the Subject Property is zoned Prestige Industrial (M1-10) in Zoning By-law 61-16.

25Mr. Hawkins outlined that the settlement proposes to rezone the Subject Property from the existing Prestige Industrial (M1-10) zone to the Residential Multiple Medium Density (RM2) zone with site specific regulations, as follows,

a. The requirement for a minimum of 0.25 visitor parking spaces per unit, and

b. The inclusion of a holding provision, which limits initial development to a maximum of 29 units, with the balance (48 units) permitted after the lifting of the Holding provision when the expansion to the County's St. George wastewater treatment plant is completed.

26With respect to parking, Mr. Hawkins explained that each townhouse unit will have two parking spaces – one in the garage and one in the driveway in compliance with the RM2 zoning regulations.

27With respect to visitor parking, Mr. Hawkins explained that for 77 townhouse units, the original proposal included 15 visitor parking spaces, which has now been increased in the settlement ZBA to a minimum of 20 visitor parking spaces. He stated that the conceptual site plan includes 24 visitor parking spaces and that the RM2 Zone would require a minimum of 27 visitor parking spaces for 77 townhouse units.

28Mr. Hawkins provided his opinion that a minimum of 20 visitor parking spaces for 77 townhouse units is a significant supply of dedicated visitor parking which will not impact the availability of parking on adjacent streets and will provide opportunities for on-site landscaping.

29Mr. Hawkins provided his opinion that the recommended holding provision is an appropriate planning tool to ensure that the second phase of the development will not proceed until the planned expansion to the wastewater treatment plant is completed.

30Mr. Hawkins opined that the ZBA included in the Proposed Settlement will result in the development of a townhouse development that is compatible with the surrounding residential area, is good planning and is in the public interest.

PARTICIPANT STATEMENTS

31Mr. Hawkins reviewed the concerns outlined in the Participant Statements. He provided the following responses to these concerns,

• The number of visitor parking spaces has been increased and will be provided in three locations throughout the property and not just in one location,
• The centralized garbage area which had been proposed, is being replaced by private garbage collection to be collected from each townhouse unit,
• The setbacks of the units to the lot lines will meet or exceed the required setbacks in the zoning to assist with tree retention opportunities, accommodate landscape plantings and enhance privacy for neighbours,
• Engineering plans will be prepared by the applicant, then reviewed and approved by the County to deal with grading and drainage, and
• The applicant will explore the addition of a center median in the access to the site to ensure that one access lane will remain available should one lane become temporarily inaccessible.

32Mr. Hawkins provided his concluding land use planning opinion that the ZBA in the Proposed Settlement:

• Has had appropriate regard for the applicable matters of Provincial interest under s. 2 of the Planning Act,
• Is consistent with the Provincial Policy Statement,
• Conforms to the Growth Plan for the Greater Golden Horseshoe,
• Is in conformity with the County of Brant Official Plan, and
• Is good planning and is in the public interest.

TRIBUNAL FINDINGS

33The Tribunal accepts the uncontested planning opinion evidence of Trevor Hawkins in its entirety. The Tribunal finds that the ZBA as requested within the Proposed Settlement, meets all the relevant tests of s. 2 of the Act, the PPS, the GP, and the OP, represents good planning and is in the public interest.

34The Tribunal finds that the ZBA satisfies the required legislative tests and is approved with reasons that include the following:

• The ZBA permitting a townhouse development will implement the "Urban Residential" designation of the OP for the Subject Property,
• The proposed townhouse development is compatible with the surrounding residential area, providing setbacks from the lot line which will meet or exceed the minimum zoning requirements,
• The parking to be provided meets the zoning requirements and the minimum visitor parking has been increased to address the concerns of the neighbours,
• The residential use proposed will implement intensification within the Built Boundary while being designed with an appropriate scale and character.

ORDER

35THE TRIBUNAL ORDERS that the appeal is allowed in part and By-law 61-16 of the County of Brant is hereby amended as set out in Attachment 1 to this Order. The Tribunal authorizes the Clerk of the County of Brant to assign a number to this By-law for record keeping purposes.

"Astrid J. Clos"

ASTRID J. CLOS 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

BY-LAW NUMBER XX-23

• of-

THE CORPORATION OF THE COUNTY OF BRANT

To Amend Zoning Bylaw 61-16

A by-law to amend By-law Number 61-16, as amended, known as the Zoning By- law for the County of Brant as it affects lands municipally known as 23 Beverly Street East, St. George, County of Brant.

Whereas Section 34(1) of The Planning Act, R.S.O. 1990, c.P.13 authorizes the Council of a Municipality to enact Zoning By-laws

Now therefore, the Council of the Corporation of the County of Brant enacts as follows:

1. That the lands identified on Map 1 attached hereto and known municipally as 23 Beverly Street East (St. George) shall be rezoned from Prestige Industrial (Ml-10) to (Holding) Residential Multiple Medium Density ((H)RM2) with the following site-specific provisions:

a. That parking for visitors be provided at a rate of 0.25 spaces per unit.

2. Notwithstanding anything to the contrary, until the Holding symbol is removed from the Lands,a maximum of twenty-nine (29) townhouse units shall be permitted.

3. Prior to the passing of a Bylaw to remove the Holding provision, the St. George Wastewater Treatment Plant expansion shall be completed and operational to the satisfaction of the County.

4. Following the removal of the Holding Provision, a maximum of seventy-seven (77) townhouse units shall be permitted on the lands.