Magnum General Contracting Inc. v. Scugog (Township), 2024 CanLII 89462

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: September 13, 2024

CASE NO(S).: OLT-23-001009

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Magnum General Contracting Inc.

Subject: Request to amend the Official Plan – Failure to adopt the requested amendment

Description: To permit the development of 78 townhouse units

Reference Number: SOP/01/2020

Property Address: Part of Lot 18, Concession 5, known as Part 2, Plan 40R-20203 (north parcel) and Block 123, Plan 40M-2029 (south parcel), Ward 2

Municipality/UT: Scugog/Durham

OLT Case No.: OLT-23-001009

OLT Lead Case No.: OLT-23-001009

OLT Case Name: Magnum General Contracting Inc. v. Scugog (Township)

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

Applicant and Appellant: Magnum General Contracting Inc.

Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision

Description: To permit the development of 78 townhouse units

Reference Number: Z/08/2020

Property Address: Part of Lot 18, Concession 5, known as Part 2, Plan 40R-20203 (north parcel) and Block 123, Plan 40M-2029 (south parcel), Ward 2

Municipality/UT: Scugog/Durham

OLT Case No.: OLT-23-001010

OLT Lead Case No.: OLT-23-001009

Heard: August 26, 2024, by Video Hearing

APPEARANCES:

Parties	Counsel
Magnum General Contracting Inc.	K. Sliwa M. James (in absentia)
Township of Scugog	M. Joblin A. Whyte (in absentia)

MEMORANDUM OF ORAL DECISION DELIVERED BY P. TOMILIN ON AUGUST 26, 2024 AND ORDER OF THE TRIBUNAL

Link to Order

1The matter before the Tribunal is an Appeal filed by Magnum General Contracting Inc. (“Appellant”) arising from the failure of the Township of Scugog (“Township”) to make a decision on an Official Plan Amendment (“OPA”) and Zoning By-law Amendment (“ZBA”) Applications, pursuant to ss. 22(7) and 34(11) of the Planning Act (“Act”) related to the lands legally described as Part of Lot 18, Concession 5, known as Part 2, Plan 40R-20203 (north parcel) and Block 123, Plan 40M-2029 (south parcel) (“site”).

2The Appellant is seeking to facilitate the development of 78 townhouse units comprising of dual frontage townhouse units, back-to-back townhouse units and street townhouse units.

3Prior to the Hearing, the Parties advised the Tribunal that they had resolved their issues.

4Scott Waterhouse, a Registered Professional Planner, and a full member of the Ontario Professional Planners Institute, provided a Sworn Affidavit (Exhibit 1), and was qualified by the Tribunal to provide land use planning opinion evidence in relation to the matter under appeal. Mr. Waterhouse delivered a detailed contextual and land use planning rationale in support of the settlement.

SITE CONTEXT

5The site is located at the north-west corner of Simcoe Street and King Street in the Port Perry area of the Township. It is 1.62 hectares in size, is currently vacant, and is located adjacent to an existing residential subdivision. The existing residential subdivision to the north and west is comprised of detached dwellings on Calwell Drive, Anders Drive and Perryview Drive. To the east of the site, the lands are partly vacant and zoned for a mix of commercial and residential uses. South of the site, the lands are outside of the Port Perry Urban Area boundary.

PLANNING RATIONALE

6The planning policy documents related to the proposed development are s. 2 of the Act, the Provincial Policy Statement, 2020 (“PPS”), A Place to Grow: Growth Plan for the Greater Golden Horseshoe (“GP”), the Durham Region Official Plan (“DROP”) and the Township Official Plan (“TOP”).

7In Mr. Waterhouse’s opinion, the development proposal has regard for the matters of provincial interest, as set out in s. 2 of the Act, specifically subsections (h), (j) and (p) are applicable.

8Mr. Waterhouse proffered that the site is currently designated 'Residential' and 'Neighbourhood Commercial' in the TOP. The ZBA would re-designate the southern parcel from 'Neighbourhood Commercial' to 'Residential' and permit back-to-back townhouse dwellings in the ‘Residential’ designation.

9He opined that both, OPA and ZBA, conform to the growth management, housing objectives, policies of the TOP and will facilitate a compact built form. He explained that the Residential designation of the TOP does not permit back-to-back townhouse dwellings, as proposed. However, in order to implement the objectives of the ‘Residential’ designation and make efficient use of land and municipal services, it is appropriate to include a back-to-back townhouse dwelling built form on site.

10The site is fronting onto two arterial roads, and the proposed height and building setbacks will be compatible with the existing residential built form to the north and west. Mr. Waterhouse testified that the re-designation of the southern parcel of the site from the ‘Neighbourhood Commercial’ to ‘Residential’ is appropriate in the context of the surrounding existing and proposed land uses.

11It is Mr. Waterhouse’s professional opinion that both the OPA and ZBA are consistent with the PPS, conform to the GP, the DROP and will implement the objectives and policies of the TOP.

ANALYSIS AND FINDINGS

12Having reviewed the uncontested planning evidence of Mr. Waterhouse, the Tribunal finds that the proposed development has regard for matters of Provincial interest as set out in s. 2 of the Act, is consistent with the PPS, conforms with the GP and the designated policies, has regard to the other policies of the DROP and TOP, represents good planning and is in the public interest.

ORDER

13THE TRIBUNAL ORDERS THAT the Appeals are allowed, in part, and the Official Plan for the Township of Scugog is amended as set out in Attachment 1 to this Order.

14THE TRIBUNAL ORDERS THAT the Appeals are allowed, in part, and By-law No. 14-14 is hereby amended as set out in Attachment 2 to this Order. The Tribunal authorizes the municipal clerk of the Township of Scugog to assign a number to this by-law for record keeping purposes.

“P. Tomilin”

P. TOMILIN

MEMBER

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

AMENDMENT NO. 10 TO THE TOWNSHIP OF SCUGOG OFFICIAL PLAN

PURPOSE

The purpose of this Amendment is to Amend Schedule ‘A-1’ (Port Perry Urban Area Land Use) of the Township of Scugog Official Plan by re-designating the lands designated ‘Neighbourhood Commercial’ to ‘Residential’ and permitting ‘back-to-back townhouse dwellings’ in the Residential designation to permit a townhouse development.

LOCATION

The Amendment applies to land known as Block 123, Registered Plan 40M-2029 and Part 2, Plan 40R-20203 in Part of Lot 18, Concession 5, generally at the northwest corner of Simcoe Street and King Street, Port Perry.

BASIS

Magnum General Contracting Inc. has submitted an application to re-designate land known as Block 123, Registered Plan 40M-2029 from ‘Neighbourhood Commercial’ to ‘Residential’ and to permit back-to-back townhouse dwellings in the Residential designation to permit a townhouse development. This amendment will maintain the goals and objectives of the Township of Scugog Official Plan.

ACTUAL AMENDMENT

To amend Schedule ‘A-1’ (Port Perry Urban Area Land Use) by re-designating the lands designated ‘Neighbourhood Commercial’ known as Block 123, Registered Plan 40M- 2029 to ‘Residential’ as shown on the Schedule attached hereto and forming part of this by-law; and,

To permit ‘back-to-back townhouse dwellings’ with up to 18 units in a Block within the Residential designation as applicable to the subject lands.

IMPLEMENTATION

The provisions set forth in the Township of Scugog Official Plan, regarding the implementation of the Plan, shall apply to this Amendment.

INTERPRETATION

The provisions set forth in the Township of Scugog Official Plan that are not otherwise in conflict with this amendment shall continue to apply

ATTACHMENT 2

THE CORPORATION OF THE TOWNSHIP OF SCUGOG

BY-LAW NUMBER 34-24

Being a by-law passed pursuant to the Provisions of Section 34 of the Planning Act,

R.S.O. 1990, to amend Zoning By-law 14-14.

WHEREAS the Council of the Township of Scugog deems it advisable to amend Zoning

By-law 14-14 with respect to the lands described in this By-law; and

WHEREAS Council has conducted a public meeting as required by Section 34(12) of

the Planning Act, R.S.O. 1990, as amended; and

WHEREAS Council deems that adequate public notice has been given and no further

public meeting is required in accordance with Section 34(17) of the Planning Act, R.S.O.

1990, as amended; and;

WHEREAS the matters herein are in conformity with the policies and designations

contained in the Official Plans of the Region of Durham and the Township of Scugog as

are currently in force and effect;

NOW THEREFORE, by Order the Ontario Land Tribunal amends Zoning By-law 14-14 as follows:

1. THAT Schedule B, Map 5 to Zoning By-law 14-14 is hereby amended by rezoning lands in Part of Lot 18, Concession 5, known as Block 123, Registered Plan 40M-2029 and Part 2, Plan 40R-20203 from Neighbourhood Commercial (NC) Zone and Urban Residential Multiple Type Three (RM3) Zone to Urban Residential Multiple Type Three, Exception 16 (RM3 –16) Zone as shown on Schedule “A” attached to and forming part of this By-law;

2. THAT the zoning performance standards provided on Schedule “B” and Schedule “C” apply to the Urban Residential Multiple Type Three, Exception 16 (RM3 – 16) Zone;

3. THAT this By-Law shall come into force on the date it is passed pursuant to an Order of the Ontario Land Tribunal.

Note: Order of the Ontario Land Tribunal delivered on ________________.

Schedule B to By-law 34-24

Urban Residential Multiple Type Three (RM3) Exception Number ___	Permitted / Prohibited Uses	Zone Regulations
RM3-16	Permitted uses are limited to: i. Townhouse dwelling; ii. Back-to- back townhouse dwelling; iii. Home occupation; iv. Public utility	Back-to-back townhouse dwelling shall mean “a building containing a minimum of 6 and maximum of 18 dwelling units that are divided vertically by common walls, including a common rear wall, and whereby each dwelling unit has an independent entrance from the outside.” Minimum Lot Area: 80 sq. m. for back-to-back townhouse dwelling, 130 sq. m. for townhouse dwelling Minimum Lot Frontage: 8.0 m for townhouse block 6, 6.4 m for townhouse blocks 4 and 5, 6.0 m for townhouse blocks 1, 2, 3, 7, 8 and 9. Minimum Front Yard: 4.0m for townhouse dwellings, 3.0m for back-to-back townhouse dwellings. For townhouse dwellings on blocks that would be primarily abutting Simcoe Street but for a 0.3 metre reserve, the front yard shall be the yard adjacent to Simcoe Street, regardless of the 0.3 metre reserve, and for townhouse dwellings on blocks that would be primarily abutting King Street but for a 0.3 metre reserve, the front yard shall be the yard adjacent to King Street, regardless of the 0.3 metre reserve. Where an attached Private Garage is located in a Front Yard, it shall be setback a minimum of 6 m from the Front Lot Line. Minimum Rear Yard: 7.0 m for townhouse dwelling, 3.0 m for townhouse dwelling with road frontage to the front and rear yards, 0.0 m for back-to-back townhouse dwelling. Where an attached Private Garage is located in a Rear Yard, it shall be setback a minimum of 6.0 m from the Rear Lot Line. Minimum Interior Side Yard: 1.2 m Minimum Exterior Side Yard: 1.75 m Maximum Building Height: as shown on Schedule C to By-law 34-24. Maximum width of driveway and private garage: 50% of the dwelling width for townhouse dwelling.