Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: January 31, 2024

CASE NO(S).: OLT-22-003803

PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended

Appellant: Daniel Campbell

Applicant: Teresa and Neil Caughill

Subject: Zoning By-law

Description: Zoning change from Highway Commercial (HC) to Residential 2 (R2)

Reference Number: BL 2022-18

Property Address: 1430 Richards Street

Municipality/UT: St. Joseph/Algoma

OLT Case No: OLT-22-003803

OLT Case Name: Campbell v. St. Joseph (Township)

Heard: January 23, 2024 by Video Hearing

APPEARANCES:

Representative

Teresa and Neil Caughill Neil Caughill

Township of St. Joseph Amanda Richardson

MEMORANDUM OF ORAL DECISION DELIVERED BY G.A. CROSER ON JANUARY 23 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This Decision arises from an appeal filed by Mr. Daniel Campbell (“Appellant”) regarding the passing of Zoning By-law Amendment 2022-22 by the Township of St. Joseph (“Township”).

2The proposed Zoning-By-law Amendment (“ZBLA”) makes site-specific amendments to the Township’s Comprehensive Zoning By-law No. 2011-34 in order to rezone the motel located at 1430 Richards Street in Richards Landing (“Subject Property”) from Highway Commercial (“HC”) to Residential Two (“R2”) and to reduce the minimum dwelling unit size from 750 sq. ft. to 720 sq. ft. These changes were applied for by Teresa and Neil Caughill (“Applicants”), the owners of the Subject Property to facilitate the conversion of the motel located on site to a triplex residential building. To be clear, the rezoning application applied only to the portion of land on which the motel was situated.

BACKGROUND

3The Applicants’ filed an application for a ZBLA on January 25, 2022, then filed a revised application on January 31, 2022. A public meeting was held by the Township on March 16, 2022, at which time the Appellant spoke against the proposed ZBLA. The St. Joseph Island Planning Board (“Planning Board”) had no objection to the application. Zoning By-law Amendment 2022-18 (“ZBLA 2022-18”), was passed by the Township on March 16.

4After ZBLA 2022-18 was passed, the Planning Board noted some clerical errors in the document. At the next meeting of Council on April 6, the Township passed Zoning By-law Amendment 2022-22 (“ZBLA 2022-22”), which repealed ZBLA 2022-18, and reproduced the information contained in the original document with more detail and clarity.

RULE 3.3 OF THE OLT’S RULES OF PRACTICE AND PROCEDURE

5Rule 3.3 of the Tribunal’s Rules of Practice and Procedure states that the Tribunal will not commence a Video Hearing event for a period of fifteen minutes after it is scheduled to begin if a Party of record or that Party’s representative has not logged into the Hearing Event. The Appellant was not logged into the Video Hearing at 10 a.m., the Tribunal waited the requisite fifteen minutes before commencing the Merit Hearing in his absence.

APPEAL

6The following exhibits were marked at the conclusion of the hearing.

i. Exhibit 1 - Municipal Form F1

ii. Exhibit 2 – OLT Appeal Package prepared by the Township

iii. Exhibit 3 – Report on Position taken by Council (Township)

iv. Exhibit 4 – Township of St. Joseph Comprehensive Zoning By-law

v. Exhibit 5 – Township of St. Joseph Zoning By-law Amendment 2022-18

vi. Exhibit 6 - Township of St. Joseph Zoning By-law Amendment 2022-22

7The Appellant raised two grounds in his appeal to the Tribunal. First, a change in zoning was not required to convert the motel units to residential units, and the Subject Property should remain as HC. Second, no notice was provided with respect to the decision of Council at the April 6 meeting.

8With respect to the first ground, the Tribunal reviewed the Township’s Comprehensive Zoning By-law No. 2011-34 and noted that ‘Table A1 – Residential Zones’ permits a ‘Dwelling, Triplex’ in R2. ‘Table A2 – Commercial and Industrial Zones’ permits a motel in zone HC; no residential uses are permitted in zone HC. It is evident that a rezoning of the Subject Property is, in fact, required to change the use of the building for residential purposes.

9With respect to the Appellant’s second ground of appeal, the Tribunal queried why two ZBLAs were required. The Township’s representative, Ms. Amanda Richardson, explained that after ZBLA 2022-18 was passed, the Planning Board noted clerical errors and omissions in the language of the amending document. Council passed ZBLA 2022-22 to repeal ZBLA 2022-18, and to correct those errors, and provide greater clarity with respect to the actual amendments. Ms. Richardson stated that no changes were made with respect to the intent and purpose of ZBLA 2022-18.

FINDINGS

10The general issues to be adjudicated on an appeal of a zoning by-law amendment are whether the proposed amendments are consistent with the Provincial Policy Statement, 2020, conform with any applicable provincial plans, and conform with the municipality’s Official Plan. Further, the Tribunal must have regard for matters of provincial interest and have regard for the decision made on the matter by the Municipality and the information considered by it, pursuant to s.2.1(1) of the Planning Act.

11In this matter, as the Appellant did not appear, the Tribunal was not furnished with evidence with respect to the ZBLAs’ position vis-à-vis the legislative framework other than what was contained in the Municipal Record. Exhibit 3, ‘The Report on the Position taken by Council’ notes that the application was in conformity with the Township’s Official Plan and that the rezoning would allow “for much needed residential units within the community.”

12The Tribunal finds that the rezoning of the Subject Property was required to convert the motel to a residential triplex, and no material changes to the substance of the zoning by-law amendment were made at the April 6 meeting of Council. Further, no evidence was filed by the Appellant in support of his appeal to suggest anything to the contrary. Given the fact that the ZBLA conforms to the Township’s Official Plan and the need for residential units in the community, the Tribunal finds that the zoning by-law amendment represents good land use planning and is in the public interest.

ORDER

13The Tribunal orders that the appeal against Zoning By-law No. 2022-22 of the Township of St. Joseph is dismissed.

G.A. Croser

G.A. CROSER

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.