Ontario Land Tribunal / Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 3, 2024 CASE NO.: OLT-23-000196
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Eden Oak (Trailshead) Inc. Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: To permit a subdivision of semi-detached and townhouses and low rise multiple units and to increase the permissible unit yield. Reference Number: P1908 Property Address: Pt Lots 158&173, Plan 529, Part 2, RP16R-1974, Etc Municipality/UT: The Blue Mountains/Grey OLT Case No.: OLT-23-000196 Legacy Case No.: PL160268 OLT Lead Case No.: OLT-23-000196 Legacy Lead Case No.: PL160268 OLT Case Name: Eden Oak (Trailshead) Inc. v. The Blue Mountains (Town)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Eden Oak (Trailshead) Inc. Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit a subdivision of semi-detached and townhouses and low rise multiple units and to increase the permissible unit yield. Reference Number: P2278 Property Address: Pt Lots 158&173, Plan 529, Part 2, RP16R-1974, Etc Municipality/UT: The Blue Mountains/Grey OLT Case No.: OLT-23-000197 Legacy Case No.: PL160269 OLT Lead Case No.: OLT-23-000196 Legacy Lead Case No.: PL160268
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Eden Oak (Trailshead) Inc. Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision Description: To permit a subdivision of semi-detached and townhouses and low rise multiple units and to increase the permissible unit yield. Reference Number: 42T-2012-01 Property Address: Pt Lots 158&173, Plan 529, Part 2, RP16R-1974, Etc Municipality/UT: The Blue Mountains/Grey OLT Case No.: OLT-23-000198 Legacy Case No.: PL160270 OLT Lead Case No.: OLT-23-000196 Legacy Lead Case No.: PL160268
BEFORE: S. BRAUN MEMBER Wednesday, the 3rd day of January, 2024
Order
THESE MATTERS having come before the Ontario Municipal Board (the “Board”) for a public hearing on April 3, 2017 and the Board, in its Decision issued on September 6, 2017 (the “Decision”) having allowed, in part, the appeals of the proposed Official Plan Amendment, Zoning By-law Amendment, and Conditions of Draft Plan Approval and Plan of Subdivision;
AND THE TRIBUNAL issued the Final Order dated August 3, 2023, which approved the Official Plan Amendment, the Zoning By-law Amendment, the redlined Plan of Subdivision, and the draft plan of subdivision conditions;
AND THE TRIBUNAL having received a request from Eden Oak (Trailshead) Inc. to approve a revised Zoning By-law Amendment with wording to amend the existing provisions of the R2-103-h27 zone to permit a maximum of 194 units to align with the approved OPA and Draft Plan;
THE TRIBUNAL ORDERS that the Zoning Bylaw Amendment, attached as Schedule ‘A’, is approved.
“Euken Lui” EUKEN LUI ACTING REGISTRAR
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.
SCHEDULE A
The Corporation of the Town of the Blue Mountains By-law Number 2023 – XXXX
Being a By-law to amend Zoning By-law 2018-65 which may be cited as the “The Town of The Blue Mountains Zoning By-law”.
WHEREAS the Ontario Land Tribunal deems it necessary in the public interest to pass a by-law to amend By-law 2018-65;
AND WHEREAS pursuant to the provisions of the Section 34 and 36 of the Planning Act, R.S.O. 1990, c. P.13, the By-law may be amended by the Ontario Land Tribunal;
The subject lands are currently zoned Residential Two ‘R2-103-h27’, Residential Two ‘R2-104-h27’, Open Space ‘OS’, and Open Space ‘OS-105’ in the Town of the Blue Mountains Zoning By-law 2018-65 as amended. Portions of the subject lands are being rezoned to reflect revisions to the blocks on the Draft Plan of Subdivision. Revisions to the Draft Plan of Subdivision include removing the open space block associated with an overland drainage channel that is no longer required; amalgamating maintenance swale blocks with proposed residential blocks; expanding the open space block into the residential blocks along the west side of the subject lands in order to accommodate the required buffer from the watercourse and provide additional public open space; and including additional open space on two portions of the lands formerly identified as a right-of-way. Additional required building setbacks from some of the features located on the Site are being added to Exception Zone R2-103-h27in order to satisfy Draft Plan Conditions 7. i., ii. and iii.
Now Therefore the Ontario Land Tribunal hereby enacts as follows:
Map 17 to Schedule ‘A’ of the Town of the Blue Mountains Zoning By-law, is hereby further amended by rezoning a portion of the subject lands associated with a former overland drainage channel to the Residential Two ‘R2-103-h27’ Zone, a portion of the western lands to the Open Space ‘OS’ Zone, Block 1 to the Residential Two ‘R2-103-h27’ Zone, and two portions of the formerly identified right-of-way to the Open Space ‘OS’ Zone for those lands lying and being in the Town of The Blue Mountains, comprised of Plan 529 Part Lot 158 and Part Lot 173 shown as RP 16R-4636 Part 1 and Plan 529 Part Lot 174 show as RP 16R-8571 Part 2, as indicated on the attached Schedule ‘XX’.
The following provisions shall be revised within the Special Provisions for the R2-103-h27 Zone listed under Section 9.1 of The Town of The Blue Mountains Zoning By-law:
A maximum of 194 residential units shall be permitted on these lands.
- The following provisions shall be added to the Special Provisions for the R2-103-h27 Zone listed under Section 9.1 of The Town of The Blue Mountains Zoning By-law:
i. A 30.0 metre building setback from the Coldwater Stream shall be provided;
ii. A 25.0 metre building setback from healthy and retained butternut trees shall be provided; and,
iii. A 10.0 metre building setback from the base of the Nipissing Ridge shall be provided.
- The imposition of the Holding (h27) prefix shall be lifted upon the following conditions being met:
i. Execution of a Subdivision Agreement;
ii. Registration of a Plan of Subdivision;
iii. Execution of a Section 37 Agreement;
iv. Execution of a Site Plan Agreement with respect to the proposed Condominium Block 10; and,
v. Substantial completion of the External Regional SWM Works.
- Schedule ‘XX’ is hereby declared to form part of this By-law.
APPROVED BY THE ONTARIO LAND TRIBUNAL. ORDER:_____________