Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 26, 2024
CASE NO.: OLT-23-000675
PROCEEDING COMMENCED UNDER Subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: The Blue Meadows Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: ZBA to permit the development of 97 residential rowhouse units, 2 commercial buildings containing 75 units above and 18 live/work freehold units
Reference Number: P3163
Property Address: Part of Lots 40-44 Arthur St, Lots 40-44 NE side Louisa St, Park Lots 11 & 12 SW Louisa St, Part of Park Lots 11 & 12 NE side of Alice St, and Part of Louisa Street
Municipality/UT: Town of The Blue Mountains/Grey County
OLT Case No.: OLT-23-000675
OLT Lead Case No.: OLT-23-000675
OLT Case Name: The Blue Meadows Inc. v. Blue Mountains/Grey
PROCEEDING COMMENCED UNDER Subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description: DPS to permit the development of 97 residential rowhouse units, 2 commercial buildings containing 75 units above and 18 live/work freehold units
Reference Number: 42T-2022-02
Property Address: Part of Lots 40-44 Arthur St, Lots 40-44 NE side Louisa St, Park Lots 11 & 12 SW Louisa St, Part of Park Lots 11 & 12 NE side of Alice St, and Part of Louisa Street
Municipality/UT: Town of The Blue Mountains/Grey County
OLT Case No.: OLT-23-000676
OLT Lead Case No.: OLT-23-000675
BEFORE:
F. LAVOI MEMBER
Friday, the 26th of July, 2024
THIS MATTER, in respect of Appeals by The Blue Meadows Inc. of the failure by the Town of Blue Mountains to make a decision on an application to amend the zoning-bylaw and the failure of the Approval Authority to make a decision on a proposed plan of subdivision for the lands described as Part of Lots 40-44 Arthur St, Lots 40-44 NE side Louisa St, Park Lots 11 & 12 SW Louisa St, Part of Park Lots 11 & 12 NE side of Alice St, and Part of Louisa Street (“Subject Lands”).
THE TRIBUNAL having held a Case Management Conference on November 29, 2023 and issued a Decision on January 31, 2024, ordering a five-day merit hearing starting July 15, 2024;
AND THE TRIBUNAL having been advised by the Appellant, the Town of Blue Mountains, and Grey County on February 21, 2024 that a settlement had been reached;
AND THE TRIBUNAL having conducted a settlement hearing, in writing, on May 29, 2024;
AND THE TRIBUNAL having read the materials filed, on consent of the Parties, including the affidavit of Shelley Wells, sworn April 15, 2024, qualified to give opinion evidence in the area of land use planning, the draft version of the Zoning By-law Amendment attached hereto as Attachment 1 of this Order, the Draft Plan of Subdivision attached hereto as Attachment 2 of this Order, the conditions of draft subdivision approval attached hereto as Attachment 3 of this Order, and the Participants’ Statements;
AND THE TRIBUNAL having reviewed and accepted the uncontradicted land use planning opinion evidence of Ms. Shelley, is satisfied the settlement has resulted in a revised proposal by reducing the number of row houses, introducing semi-detached dwellings on two blocks and realigning the entrance to the public park further away from the property owned by Mr. Mitchell, one of the Participants with property abutting the Subject Lands;
AND THE TRIBUNAL is satisfied the revised proposal intensifies a settlement area with a range of housing options, while having a proposed density that is complementary with the surrounding areas. The revised proposal also maintains the character and stability of the existing surrounding neighborhoods.
AND THE TRIBUNAL having found on the basis of the foregoing, that the revised applications are consistent with the PPS, conform to the County and Town policy frameworks, have regard to matters of provincial interest pursuant to s. 2 of the Planning Act, meet the criteria for approval of plans of subdivision pursuant to s. 51(24) of the Planning Act, are in the public interest, and represent good planning.
NOW THEREFORE THE TRIBUNAL ORDERS THAT Zoning By-law 2018-65 is amended in the manner set out in Attachment 1 to this Order and that the Municipal Clerk of the Town of The Blue Mountains is directed to assign a number to the amended by-law for record keeping purposes; The Draft Plan of Subdivision in Attachment 2 of this Order is approved; The conditions of draft subdivision approval as set out in Attachment 3 are approved; Grey County is delegated authority to clear conditions of draft subdivision approval, including the authority to make any minor redline revisions to the conditions of draft subdivision approval as may be necessary; and, Grey County is authorized to give final approval of the Draft Plan of Subdivision.
“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.