CP REIT Ontario Properties Limited v. Prince Edward (County), 2025 CanLII 34628

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

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

Applicant and Appellant: CP REIT Ontario Properties Limited

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

Description: To permit the rezoning of the Subject Property from "Highway Commercial CH-22" to "Highway Commercial (CH-*)"

Reference Number: Z22-23

Property Address: 13311 Loyalist Parkway

Municipality/UT: Prince Edward

OLT Case No.: OLT-24-000725

OLT Lead Case No.: OLT-24-000725

OLT Case Name: CP REIT Ontario Properties Limited v. Prince Edward (County)

ISSUE DATE: April 16, 2025

CASE NO.: OLT-24-000725

BEFORE: D. CHIPMAN, MEMBER

Wednesday the 15th day of April, 2025

THIS MATTER having come before the Tribunal by way of written hearing;

AND THE TRIBUNAL having been advised by the Parties on March 20, 2025, that a full uncontested settlement had been reached, on consent (“Settlement Proposal”)

AND THE TRIBUNAL having received and considered:

i. the uncontested opinion evidence of Harry Froussios, a Registered Professional Planner, in his Affidavit sworn on April 1, 2025;

AND THE TRIBUNAL, having accepted the uncontradicted Affidavit evidence of Harry Froussios, with respect to a Zoning By-law Amendment (“ZBA”) before the Tribunal in relation to lands known municipally as 13311 Loyalist Parkway, Picton, in Prince Edward County (“the County”), and finding that the proposed ZBA is consistent with, conforms to, and is in keeping with applicable policies and guidelines of the Province of Ontario and the County, including:

i. the Planning Act;

ii. the Provincial Planning Statement 2024;

iii. the County Official Plan; and

iv. Picton Urban Centre Secondary Plan

AND THE TRIBUNAL having considered opinion evidence in the area of the land use planning, finds that the appeal under subsection 34(11) of the Planning Act should be allowed, in part, and that the proposed redevelopment of the lands should be approved, in accordance with the instrument attached as Attachment 1;

AND THE TRIBUNAL finding that the requested ZBA, as revised pursuant to the settlement agreement, meets the required legislative tests, represents good planning, is in the public interest, and warrants approval as agreed to by the Parties;

NOW THEREFORE

THE TRIBUNAL ORDERS THAT the appeal is allowed in part, and Zoning By-law (1816-2006) is hereby amended as set out in Attachment 1 to this Order. The Tribunal authorizes the municipal clerk of Prince Edward County, to assign a number to this by-law for record keeping purposes.

“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.