Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 26, 2025
CASE NO(S).: OLT-24-001162
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Kenlar Investments Inc.
Subject: Request to amend the Official Plan – Refusal of request
Description: To facilitate the creation of 3 stacked row dwelling condominiums with 45 units
Reference Number: D09-002-2022
Property Address: 12-20 William Street
Municipality/UT: Loyalist/Lennox and Addington
OLT Case No: OLT-24-001162
OLT Lead Case No: OLT-24-001162
OLT Case Name: Kenlar Investments Inc. v. Loyalist (Township)
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Subject: Application to amend the Zoning By-law – Refusal of application
Description: To facilitate the creation of 3 stacked row dwelling condominiums with 45 units
Reference Number: D14-013-2022
Property Address: 12-20 William Street
Municipality/UT: Loyalist/Lennox and Addington
OLT Case No: OLT-24-001163
OLT Lead Case No: OLT-24-001162
OLT Case Name: Kenlar Investments Inc. v. Loyalist (Township)
Heard: March 13, 2025, by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Kenlar Investments Inc. (Appellant / Applicant) | Rachel Kuchma, Roberto Aburto |
| Loyalist Township | Tony Fleming |
MEMORANDUM OF ORAL DECISION DELIVERED BY K.R. ANDREWS ON March 13, 2025, and ORDER OF THE TRIBUNAL
Link to Final Order
INTRODUCTION and background
1This appeal arises following a refusal to allow an Official Plan Amendment (“OPA”) and a Zoning By-law Amendment (“ZBA”) for the lands at 12-20 William Street, Odessa (“Subject Lands”). The proposal sought to redesignate the lands from Commercial and Low-Density Residential to Medium-Density Residential and rezone from Residential Type One (R1) to Residential Type Five (R5-xx) with site-specific provisions to accommodate three stacked row condominium buildings totalling 45 residential units.
2The Subject Lands are 0.81 hectares, currently vacant, and are constrained by a hydro transmission corridor and lands owned by the Ministry of Transportation to the north. A municipal Planning Report recommended approval of both the OPA and ZBA, with a holding provision (R5-21-H). However, on October 25, 2024, the approval authority refused both the OPA and ZBA applications.
3Disposition of the matter has come before the Tribunal as a settlement hearing.
4The Parties jointly submit that the Tribunal should approve the requested OPA and ZBA in the specific form attached to the below Order.
Preliminary Matters
5As this was the first hearing event of this Appeal, the Tribunal was obliged to deal with the following Case Management matters.
6The Tribunal confirmed that the service of the Notice for the present hearing was executed properly, having received and marked the related Affidavit of Service as Exhibit 1.
7The Tribunal was also in receipt of a Participant Status Request Form and a proposed Participant Statement in the name of Robin Carl, an area resident. While they did not attend the hearing, there was no objection to having them granted Participant status. The Tribunal found that they had a genuine interest in the matter and consequently granted them Participant status.
Evidence and submissions
8In assessing the proposed settlement, the Tribunal confirms that it has received, reviewed, and considered the following evidence, materials, and submissions:
i. The uncontested opinion evidence of Mark Touw (“Expert Touw”), a Registered Professional Planner and a full member of the Canadian Institute of Planners, contained in their comprehensive affidavit affirmed on March 3, 2025 (marked as Exhibit 2). Included as an attachment to the affidavit are the Parties’ “Minutes of Settlement” executed February 11, 2025;
ii. Participant Statement filed with the Tribunal in the name of Robin Carl;
iii. The Parties’ oral submissions in support of the settlement;
iv. A draft Order jointly submitted to give effect to the relief sought; and
v. Related draft OPA and ZBA planning instruments.
Decision
9The Tribunal understands that the affidavit evidence of Expert Touw reflects revisions to the applications before the Tribunal that were reached through the cooperative efforts of the Parties.
10The Tribunal accepts the opinion evidence of Expert Touw as presented in their affidavit and similarly finds that the subject applications, as revised, represent good land use planning insofar as they facilitate development of the Subject Lands that is compatible with the low-density residential areas to the south and west and the commercial area to the east. Further, the Tribunal accepts and finds that the proposal constitutes an appropriate and desired form of residential intensification within a serviced urban centre. As it relates to the applicable statutory tests set out in the Planning Act, the Tribunal accepts Expert Touw’s opinion and evidence insofar as the applications have sufficient regard to matters of provincial interest found in section 2 of the Planning Act, are consistent with the Provincial Planning Statement, 2024, and conform to the County of Lennox and Addington Official Plan and the Loyalist Township Official Plan.
ORDER
11THE TRIBUNAL ORDERS THAT:
Robin Carl is granted Participant status;
The appeal pursuant to subsection 22(7) of the Planning Act is allowed, in part, and the Loyalist Township Official Plan is amended as set out in Attachment 1 to this Order; and
The appeal pursuant to subsection 34(11) of the Planning Act is allowed, in part, and Loyalist Township Zoning By-law No. 2001-38 is amended as set out in Attachment 2 to this Order. The Tribunal authorizes the municipal clerk of the Township of Loyalist to assign a number to this Zoning By-law for record-keeping purposes.
“K.R. Andrews”
K.R. ANDREWS
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
ATTACHMENT 2