ISSUE DATE: August 8, 2024
CASE NO(S).: OLT-22-002057 (Formerly PL210198)
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c.P.13, as amended
Applicant and Appellant: Richard Gates
Subject: Request to amend the Official Plan – Failure of Township of The Archipelago to adopt the requested amendment
Purpose: To create 4 new, non-waterfront affordable housing lots fronting a privately maintained road within the Woods Bay Neighbourhood.
Property Address/Description: 11 Woods Bay Lane
Municipality: Township of Archipelago
Approval Authority File No.: OP01-02
OLT Case No.: OLT-22-002057
Legacy Case No.: PL210198
OLT Lead Case No.: OLT-22-002057
Legacy Lead Case No.: PL210198
OLT Case Name: Gates v. The Archipelago (Township)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c.P.13, as amended
Applicant and Appellant: Richard Gates
Subject: Application to amend Zoning By-law No. A2000-07- Refusal or neglect of Township of The Archipelago to make a decision
Existing Zone: General Residential (GR) and Environmentally Sensitive (ES)
Proposed Zoning: Site Specific (To be determined)
Purpose: To permit to create 4 new, non-waterfront affordable housing lots fronting a privately maintained road within the Woods Bay Neighbourhood.
Property Address/Description: 11 Woods Bay Lane
Municipality: Township of The Archipelago
2 OLT-22-002057
Municipality File No.: Z02-20
PROCEEDING COMMENCED UNDER subsection 53(14) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant and Appellant: Richard Gates
Subject: Application for Consent – Failure of Township of The Archipelago to make a decision
Property Address/Description: 11 Woods Bay Lane
Municipality: Township of The Archipelago
Municipal File No.: B16-20
OLT Case No.: OLT-22-002077
Legacy Case No.: PL210200
OLT Lead Case No.: OLT-22-002057
Legacy Lead Case No.: PL210198
PROCEEDING COMMENCED UNDER subsection 53(14) of the Planning Act, R.S.O. 1990, c.P. 13, as amended
Applicant and Appellant: Richard Gates
Subject: Application for Consent – Failure of Township of The Archipelago to make a decision
Property Address/Description: 11 Woods Bay Lane
Municipality: Township of The Archipelago
Municipal File No.: B17-20
OLT Case No.: OLT-22-002086
Legacy Case No.: PL210209
OLT Lead Case No.: OLT-22-002057
Legacy Lead Case No.: PL210198
PROCEEDING COMMENCED UNDER subsection 53(14) of the Planning Act, R.S.O. 1990, c.P. 13, as amended
Applicant and Appellant: Richard Gates
Subject: Application for Consent – Failure of Township of The Archipelago to make a decision
Property Address/Description: 11 Woods Bay Lane
Municipality: Township of The Archipelago
Municipal File No.: B18-20
OLT Case No.: OLT-22-002087
Legacy Case No.: PL210210
OLT Lead Case No.: OLT-22-002057
Legacy Lead Case No.: PL210198
3 OLT-22-002057
PROCEEDING COMMENCED UNDER subsection 53(14) of the Planning Act, R.S.O. 1990, c.P. 13, as amended
Applicant and Appellant: Richard Gates
Subject: Application for Consent – Failure of Township of The Archipelago to make a decision
Property Address/Description: 11 Woods Bay Lane
Municipality: Township of The Archipelago
Municipal File No.: B19-20
OLT Case No.: OLT-22-002089
Legacy Case No.: PL210211
OLT Lead Case No.: OLT-22-002057
Legacy Lead Case No.: PL210198
M.A. SILLS VICE-CHAIR
P. TOMILIN MEMBER
Thursday, the 8th day of August, 2024
THESE MATTERS HAVING COME BEFORE THE TRIBUNAL and the Tribunal’s Interim Decision dated February 28, 2023 having been withheld the Final Order until such time that the Zoning By-law Schedule and the Conditions of Consent Approval are provided to the Tribunal for attachment to the Final Order;
AND THE TRIBUNAL having received confirmation on consent of the parties that the Zoning By-law Schedule and the Conditions of Consent Approval have been finalized;
The TRIBUNAL ORDERS that the final instruments are now approved as attached to this Order as Attachment 1 (conditions of approval), Attachment 2 (Consent Agreement) and Attachment 3 (Zoning By-law Amendment).
4 OLT-22-002057
“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.
ATTACHMENT 1
Conditions of Provisional Consent Approval
This approval applies to Consent Application Nos. B11-20, B17-20, B18-20 and B19-20 as determined by the Ontario Land Tribunal in its Order issued February 28, 2023.
The following conditions shall apply:
Preparation of transfer documents bearing original signatures and one photocopy for the Planning Boards records, on which is set out the legal description of the subject parcel(s) and transferee(s).
Preparation of reference plan bearing the Land registry Office Registration number and signature as evidence of its deposit therein, and which illustrates the parcels to which the consent approval is related.
Site specific zoning for the site shall be applied that establishes the following:
a. Notwithstanding Section 5.17 (b), buildings may be built on the lots abutting a private road;
b. Site specific zone for each lot will be required to implement the following standards. Notwithstanding Section 8.1.3, the following zone standards shall apply:
i. Severed Lot #1 Minimum lot frontage: 205 m Minimum lot area: 8 ha
ii. Severed Lots #2 & #3 Minimum lot frontage: 100 m Minimum lot area: 2 ha
iii. Severed Lot #4 Minimum lot frontage: 205 m Minimum lot area: 4 ha
iv. Maximum Permitted height: 9 metres
That the natural features, identified as the watercourse, Turtle Wintering Habitat and Stratum 1 Deer Wintering Habitat, within Figure 1 of the Site Evaluation Report Addendum dated November 3, 2023, be rezoned to the ‘Environmentally Sensitive One (ES-1) Zone’;
Confirmation from a licensed septic installer that a sewage disposal system can be installed on the site;
An agreement pursuant to Section 51 (26) registered on title that:
a. Implements the recommendations of the study and addendum prepared by FRI Ecological Services.
b. Includes terms and conditions that recognize that the access road, being Woods Bay Lane, is not maintained by the Municipality and is the responsibility of the lot owners to maintain and repair the road and to indemnify the Township from any responsibility or liability for the road.
ATTACHMENT 2
THE CORPORATION OF THE TOWNSHIP OF THE ARCHIPELAGO CONSENT AGREEMENT
THIS AGREEMENT made this day of , 2024.
B E T W E E N:
RICHARD GATES (hereinafter called the "OWNER")
- and -
THE CORPORATION OF THE TOWNSHIP OF THE ARCHIPELAGO (hereinafter called the "TOWNSHIP")
WHEREAS the OWNER is the owner of the subject lands in the Township of The Archipelago, in the District of Parry Sound, more particularly described in Schedule “A” attached hereto;
AND WHEREAS the Ontario Land Tribunal (OLT) granted a consent for the creation of four new lots and one retained lot by virtue of lead Case No. OLT-22-002057. OPA. 68, and Consent Applications B16-20 (OLT-22-002077), B17-20 (OLT-22-002086), B18-20 (OLT-22-002087), and B19-20 (OLT-22-002089).
AND WHEREAS as a condition of the said consents, the ONTARIO LAND TRIBUNAL required the OWNER to enter into a development agreement;
AND WHEREAS, pursuant to Section 51(26) of the Planning Act, R.S.O. 1990, c. P.13, as amended (the “Planning Act”), municipalities and approval authorities may enter into agreements imposed as a condition of the approval of the consent and the agreement may be registered on title against the land to which it applies.
NOW THEREFORE THIS AGREEMENT WITNESSETH that, in consideration of the sum of Two Dollars ($2.00) now paid by each of the parties to the other (the receipt whereof is hereby acknowledged), and other good and valuable consideration, the parties agree as follows:
SECTION 1: LANDS SUBJECT TO THE AGREEMENT
1.1 The lands to be bound by this Agreement (hereinafter referred to as “the subject lands”), are described in Schedule “A” attached hereto.
SECTION 2: COMPONENTS OF THE AGREEMENT
2.1 The text, consisting of Sections 1 through 6, and the following Schedules, which are annexed hereto, constitute the components of this Agreement:
Schedule “A”- Legal Description of the Lands Schedule “B”- Plans and Studies
SECTION 3: REGISTRATION OF THE AGREEMENT
3.1 The OWNER agrees that all documents required herein shall be submitted in a form suitable to the TOWNSHIP and suitable for registration.
3.2 The Agreement shall be registered on title to the subject lands by the Township, as provided for by Section 51(26) of the Planning Act, at the expense of the OWNER.
SECTION 4: REQUIREMENTS
4.1 That the Owner agrees to implement the recommendations from the FRI Ecological Reports dated: October, 2020 and the FRI Addendum Report dated November 3rd, 2023 as follows:
a) Development is to be located outside of all constraint areas.
b) Site clearing and vegetation removal may be permitted on a small scale during the active season (April 1 to Sept 30) provided the site is ‘swept’ and confirmed clear of breeding birds and other wildlife by a qualified individual.
i) Note that if a ‘sweep’ identifies the presence of breeding/active wildlife, that may result in adhering to the suggested timing.
ii) once site clearing and vegetation removal are completed, construction activities can proceed any time of year.
4.2 The OWNER acknowledges that the cost of construction, improvement and maintenance of Woods Bay Lane, constructed in the past, the present or the future, shall be and remain the sole responsibility of the OWNERS, their successors and assigns, and nothing in this Agreement or in any past agreement, if any, shall be construed to impose any obligation upon the TOWNSHIP or any other public bodies to assume or to accept any responsibility whatsoever for the maintenance, improvement or use of Woods Bay Lane.
4.3 The OWNER covenants and agrees to indemnify and save the TOWNSHIP and all other public bodies harmless from all claims, costs and causes of action of any kind whatsoever arising out of the construction, maintenance, or use, past, present or future, of the Woods Bay Lane.
SECTION 5: BINDING PARTIES, ALTERATION, AMENDMENT, EFFECT, PENALTY
5.1 This Agreement may only be amended or varied by a written document executed by the parties hereto and registered against the title to the subject lands.
5.2 This Agreement shall ensure to the benefit of and be binding upon the respective successors and assigns of each of the parties hereto.
5.3 The OWNERS acknowledge that the Agreement is entered into under the provisions of Section 51(26) of the Planning Act, and that the expenses of the TOWNSHIP arising out of the enforcement of this Agreement may, in addition to any other remedy the Township may have at law, be recovered as taxes under the Municipal Act, 2001, S.O. 2001, c.25 as amended.
5.4 The Agreement shall come into effect on the date of execution by the TOWNSHIP.
SECTION 6: NOTICE
6.1 Any notice, required to be given pursuant to the terms hereto, shall be in writing and mailed or delivered to the other at the following addresses:
OWNER’S NAME AND ADDRESS: Richard Gates PO Box 401 Mactier, ON P0C 1H0
TOWNSHIP: Township of The Archipelago 9 James Street Parry Sound, ON P2A 1T4
IN WITNESS WHEREOF the OWNER and the TOWNSHIP have caused their corporate seals to be affixed over the signatures of their respective signing officers.
SIGNED, SEALED AND DELIVERED In the presence of:
Witness Richard Gates, Owner
THE CORPORATION OF THE TOWNSHIP OF THE ARCHIPELAGO
Cale Henderson, Manager of Development and Environmental Services
SCHEDULE "A"
THIS IS SCHEDULE “A” TO THE CONSENT AGREEMENT BETWEEN THE CORPORATION OF THE TOWNSHIP OF THE ARCHIPELAGO AND RICHARD/DOUGLAS GATES.
LEGAL DESCRIPTION OF THE LANDS
Part of Lot 40, Concession 3, being Parcel 21266 PSSS, in the geographic Township of Conger
SCHEDULE "B"
THIS IS SCHEDULE “B” TO THE CONSENT AGREEMENT BETWEEN THE CORPORATION OF THE TOWNSHIP OF THE ARCHIPELAGO AND RICHARD/DOUGLAS GATES.
PLANS AND STUDIES
Site Evaluation Report prepared by FRICORP Ecological Services dated October 2020 Site Evaluation Report addendum dated November 3, 2023
The above documents are hereby incorporated into this agreement as part of this Schedule “B”. A copy of this document is available at the Township of the Archipelago offices, 9 James Street, Parry Sound P2A 1T4, Monday to Friday, during regular business hours.
ATTACHMENT 3
The Corporation of the TOWNSHIP OF THE ARCHIPELAGO
BY-LAW NO. AXXXX-XX
To amend By-law No. A2000-07 (the Comprehensive Zoning By-law) for Lot 40 Concession 3, being Parcel 21266 Sec SS, in the geographic Township of Conger (GATES)
WHEREAS Section 34(1) of the Planning Act, R.S.O. 1990, c.P. 13, as amended, authorizes municipalities to enact zoning by-laws; and
WHEREAS The Ontario Land Tribunal approves this by-law as follows:
Schedule 'A' of By-law No. A2000-07, as amended, is hereby further amended by rezoning Lot 40 Concession 3, being Parcel 21266 Sec SS, in the geographic Township of Conger from the ‘General Residential (GR)’ Zone the ‘General Residential Exception 7 (GR-7)’ Zone and the ‘Environmentally Sensitive One (ES-1)’ Zone as shown on Schedule ‘1’ to this By-law.
Section 8.2 – Special Exception Regulations – General Residential (GR) of By-law No. A2000-07, as amended, is hereby further amended by adding:
"8.2.7 General Residential Exception 7 (GR-7)
Lot 40 Concession 3, being Parcel 21266 PSSS, in the geographic Township Conger, as shown on Schedule ‘A’.
8.2.7.1 Permitted Uses, Buildings and Structures
Those uses, buildings and structures permitted under Section 8.1.1 and 8.1.2.
8.2.7.2 Zone Standards
The regulations of Section 8.1.3, Zone Standards, shall apply to the uses permitted in the GR-7 Zone, with the exception of the following site-specific regulations:
i) Severed Lot #1 Minimum lot frontage: 205 m Minimum Lot area: 8 ha
ii) Severed Lots #2 & #3 Minimum lot frontage: 100 m Minimum Lot area: 2 ha
iii) Severed Lot #4 Minimum lot frontage: 205 m Minimum Lot area: 4 ha
iv) Maximum permitted height: 9 metres
- This By-law shall take effect and come into force in accordance with Section 34 of the Planning Act, R.S.O. 1990, c.P.13, as amended.
THIS IS SCHEDULE '1' TO BY-LAW NO. AXXXX-XX TOWNSHIP OF THE ARCHIPELAGO