Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: March 12, 2025

CASE NO(S).: OLT-24-000587

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

Applicant and Appellant: 1000572188 Ontario Inc.

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

Description: To permit redevelopment of the property with a 3-storey residential multiple dwelling

Reference Number: 751-6/23-15

Property Address: 1389 Stephen Street

Municipality/UT: City of Greater Sudbury

OLT Case No.: OLT-24-000587

OLT Lead Case No.: OLT-24-000587

OLT Case Name: 1000572188 Ontario Inc. v. Greater Sudbury (City)

Heard: March 6, 2025 by video hearing

APPEARANCES:

Parties	Counsel*/Representative
1000572188 Ontario Inc.	Carolyn Zhao
City of Greater Sudbury	Stephen Watt*

MEMORANDUM OF ORAL DECISION DELIVERED BY ERIC S. CROWE ON MARCH 6, 2025 AND ORDER OF THE TRIBUNAL

Link to Order

INTRODUCTION

1This was a settlement hearing with respect to an appeal brought by 1000572188 Ontario Inc. (“Applicant/Appellant”) pursuant to Section 34(11) of the Planning Act (“Act”) for a Zoning By-law Amendment (“ZBA”), for the property municipally addressed as 1389 Stephen Street (“Subject Lands”) in the City.

21000572188 Ontario Inc. sought to amend ZBA 2010-100Z by changing the zoning classification from “R1-5”, Low Density Residential One, to “R3(S)”, Medium Density Residential Special to permit a multiple dwelling having ten residential dwelling units.

3The proposed ZBA attached as Attachment 1, will enable the Applicant/Appellant to develop an 8 unit multiple dwelling with site specific zone standards to limit the height to a maximum height of two storeys (from the initial three storey proposal), permit 10 parking spaces where 12 would be required and permit a minimum landscaped open space of 27% where 30% would be required.

PROPOSED SETTLEMENT

4As a result of discussions, 1000572188 Ontario Inc. and the City (collectively, the “Parties”) have agreed to a comprehensive resolution of the appeal through a Minutes of Settlement and wish to reflect their agreement herein, before the Tribunal for approval.

5The Parties request that the Tribunal allow the appeal and approve the ZBA based on a modified proposal.

WITNESS

6Evidence in support of the proposed application was provided by Wendy Kaufman, a land use planner. Ms. Kaufman was qualified to provide expert land use planning opinion evidence.

7The Tribunal marked the following documents as an Exhibit:

Exhibit 1: Affidavit of Wendy Kaufman dated March 3, 2025.

EVIDENCE

8Ms. Kaufman provided a summary expert opinion, as to how the proposed ZBA has regard for provincial interests in Section 2 of the Act, conforms to the Growth Plan for Northern Ontario, is consistent with the Provincial Policy Statement, 2024, and conforms with the Official Plan for the City of Greater Sudbury.

Planning Act

9Ms. Kaufman advised, the proposed ZBA has appropriate regard for the matters set out in Section 2 of the Act, including providing an adequate provision of a full range of housing, including affordable housing, and it is the appropriate location of growth and development. The proposed development will contribute to the range and mix of housing available in this area. The Subject Lands are located within a fully-serviced settlement area and are in proximity to public services and amenities including public transit.

Growth Plan for Northern Ontario

10Ms. Kaufman advised that the proposed ZBA application conforms to the Growth Plan policies which encourage municipalities to support and promote healthy living by providing for communities with a diverse mix of land uses and a range and mix of housing types.

Provincial Planning Statement (“PPS 2024”)

11Ms. Kaufman testified that the ZBA is consistent with the PPS 2024 direction to direct development to fully serviced settlement areas and to enable densities that make the most efficient use of land, resources, infrastructure and public service facilities. Intensification includes to minimize negative impacts on air quality and climate change, promote energy efficiency and support public transit, active transportation and the efficient movement of goods.

12In Ms. Kaufman’s opinion, the proposed ZBA is consistent with the PPS 2024.

City of Greater Sudbury Official Plan (“OP”)

13Ms. Kaufman advised the OP designates the Subject lands as Living Area 1. The OP identifies a key housing goal is to maintain a balanced mix of ownership and rental housing, and to encourage a greater mix of housing types and tenures. According to Ms. Kaufman, the ZBA will result in new multiple dwelling units which represent a more compact and lower-cost-product type, and staff recommends that this proposal is consistent with and conforms to these policies.

14Ms. Kaufman stated that the OP requires consideration of infrastructure, services and amenities that are available to future residents. According to Ms. Kaufman there are full municipal services available at the Subject Lands. Transit is located nearby, Employment opportunities, commercial areas and community services are available in close proximity. In Ms. Kaufman’s opinion, the Subject Lands are an appropriate location for the proposed development.

Disposition

15In the absence of any planning evidence to the contrary, the Tribunal accepts the land use planning evidence and expert opinion provided by Ms. Kaufman in her affidavit, and oral evidence at this hearing. In addition, having reviewed the Minutes of Settlement executed by all the Parties, and having heard submissions of counsel for all Parties relating to the approval of a ZBA, the Tribunal finds the proposed development is consistent with the PPS 2024, has been designed and conforms with the policies of the Growth Plan for Northern Ontario and City OP, and represents good planning and is in the public interest.

16The Tribunal acknowledges the cooperation between the Parties in having reached a settlement.

ORDER

17THE TRIBUNAL ORDERS the appeal is allowed in part, and the City of Greater Sudbury Comprehensive Zoning By-law 2010-100Z is hereby amended in accordance with the Zoning By-law Amendment found at Attachment 1 to this Order.

“Eric S. Crowe”

ERIC S. CROWE

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.

ATTACHMENT 1