VanderMeer Homes Limited v. Wasaga Beach (Town), 2025 CanLII 5376

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: January 23, 2025

CASE NO(S).: OLT-24-000991

PROCEEDING COMMENCED UNDER subsection 53(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended

Applicant/Appellant: VanderMeer Homes Limited

Subject: Consent - refused by Approval Authority

Description: Consent applications to sever and create two additional lots.

Reference Number: B02224

Property Address: Plan 1471 Lot 13 Knox Road W (Intersection of Knox Road West and Frederick Drive)

Municipality/UT: Wasaga Beach/Simcoe

OLT Case No: OLT-24-000991

OLT Lead Case No: OLT-24-000991

OLT Case Name: VanderMeer Homes Limited. v. Wasaga Beach (Town)

PROCEEDING COMMENCED UNDER section 53(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended

Applicant/Appellant: VanderMeer Homes Limited

Subject: Consent - refused by Approval Authority

Description: Consent applications to sever and create two additional lots.

Reference Number: B02324

Property Address: Plan 1471 Lot 13 Knox Road W (Intersection of Knox Road West and Frederick Drive)

Municipality/UT: Wasaga Beach/Simcoe

OLT Case No: OLT-24-000992

OLT Lead Case No: OLT-24-000991

OLT Case Name: VanderMeer Homes Limited. v. Wasaga Beach (Town)

Heard: December 9, 2024, Video Hearing

APPEARANCES:

Party Name

Counsel

VanderMeer Homes Limited ("Appellant" / "Applicant")

Mark Vernon

Town of Wasaga Beach ("Town")

Harold Elston (in absentia)

MEMORANDUM of ORAL DECISION DELIVERED BY L.P. YOU ON DECEMBER 9, 2024 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This appeal arises under ss. 53(19) of the Planning Act, R. S. O. 1990, c. P. 13, as amended by VanderMeer Homes Limited with respect to the consent applications (“Applications”) to sever and create two additional lots for residential purposes on the lands legally described as PLAN 1471 LOT 13 (“Subject Lands”) in the Town of Wasaga Beach, County of Simcoe (“County”).

2The Tribunal was advised by the Town, in writing, that the Town supported the Applications but did not intend to attend the hearing.

3The Tribunal confirmed that it received seven (7) written requests from residents for Participant Status prior to the hearing.

4The Town Planner, Mr. Cameron Watt, appeared under summons by the Appellant.

CONTEXT

5The Subject Lands are located at the intersection of Knox Road West and Frederick Drive, in the southwest quadrant of Wasaga Beach. The Subject Lands are currently vacant and are within a serviced area. The area surrounding the Subject Lands is characterized by single-detached residences to the north, south, east, and west. The area north of the Subject Lands and Knox Road West is comprised of newer homes on smaller lots.

6The County Official Plan designates the Subject Lands as “Settlements”. Section 3.1.4 of the County Official Plan directs growth and intensification to Settlements Areas and encourages a diverse range of housing options.

7The Subject Lands are designated “Residential” under the Town Official Plan and are currently zoned “Residential Type 1” (R1) in the Town Zoning By-law 2003-60, as amended (“ZBA”).

8The Appellant proposed to facilitate the creation of two additional lots for a total of three lots for residential uses with the new lot configurations, detailed as follows:

Part 1 (Retained)

Part 2 (Severed B02324)

Part 3 (Severed B02224)

Frontage

Approx. 15.2 meters (“m”) (49.8 feet (“ft”)) along Frederick Drive

Approx. 14.45 m (47.4 ft) along Frederick Drive

Approx. 14.45 m (47 ft) along Frederick Drive

Lot depth

Approx. 32 m (104.9 ft)

Approx. 32 m (104.9 ft)

Approx. 32 m (104.9 ft)

Lot area (approx.)

Approx. 486.5 square meters (“sq m”) (5,236.6 square feet (“sq ft"))

Approx. 464.6 sq m (5,000 sq ft)

Approx. 464.6 sq m (5,000 sq ft)

Proposed dwelling

1,350 sq ft two-storey single-detached residence

1,202 sq ft single-storey detached residence

1,290 sq ft two-storey single-detached residence

EXHIBITS

9The following Exhibits were marked during the hearing:

1. Notice of Hearing dated October 22, 2024 (marked as “Exhibit 1”);

2. Municipal Record (marked as “Exhibit 2”);

3. Appellant’s Document Book (marked as “Exhibit 3”);

4. Witness Statement of K. Loft (marked as “Exhibit 4”);

5. CV of Watt (marked as “Exhibit 5”);

6. Acknowledgement of Experts Duty of Watt (marked as “Exhibit 6”);

7. Participants’ statements from seven Participants (marked as “Exhibit 7”); and,

8. Town’s Letter to Tribunal dated November 20, 2024 (marked as “Exhibit 8”).

ANALYSIS AND FINDINGS

10The Tribunal qualified Ms. Loft, a Registered Professional Planner (“RPP”), a member of the Ontario Professional Planners Institute ("OPPI”) and a member of the Canadian Institute of Planners with approximately 24 years of professional experience, as an expert witness in the area of land use planning.

11The Tribunal recognized Mr. Watt, a Junior Planner with the Town and a Candidate Member with OPPI, to provide opinion evidence in the area of land use planning.

12The Participants have raised concerns as follows:

1. Change in the large-lot character of the area;

2. Site Grading and drainage;

3. Tree removal;

4. Traffic and safety;

5. Insufficient infrastructure to support the proposal;

6. Growth rates in the Town have already exceeded targets set out in the Town Official Plan; and,

7. Devaluation of property and land value.

13Ms. Loft opined that the density targets set out in the Provincial Planning Statement, 2024 (“PPS 2024”) and Town Official Plan represents minimum standards and planning authorities are encouraged to go beyond the minimum targets to ensure efficient uses of the lands and resources. The Tribunal accepts Ms. Loft’s professional opinion that the settlement proposal represents provincial interests and confirms to PPS 2024 and Town Official Plan.

14The Tribunal has reviewed Ms. Loft’s oral and written response to the Participants’ concerns about the Applications and finds the response reasonable and acceptable. In addition, the Tribunal accepts Ms. Loft’s proposal in response to the participants’ concerns related to tree protection and landscape buffering to add a condition for both Applications (Town File No. B02224 and B02324) to the conditions set out in the Town Staff Report contained in Exhibit 2. The additional condition for each application is detailed as follows:

B02224

“That a landscape plan be provided to the Town providing for a 2-metre wide naturalized area along the north lot line (along Knox Road West) and west lot line of the subject lands (severed and retained), with a proposal to retain existing trees where possible and to provide replacement trees for any trees removed, during construction.”

B02324

“That a landscape plan be provided to the Town providing for a 2-metre wide naturalized area along the north lot line (along Knox Road West) and west lot line of the subject lands (severed and retained), with a proposal to retain existing trees where possible and to provide replacement trees for any trees removed, during construction.”

15Ms. Loft expressed her professional opinion that proper conditions have been included in the conditions set out in the staff report to the Committee of Adjustment (“COA”) to address the concerns from Participants related to site grading, drainage, traffic, and safety. The Tribunal is satisfied with these conditions.

16The Tribunal was advised by Mr. Watt at the hearing that his professional opinion on this Application remains the same as his staff report to COA, and his recommendation for the approval of the Application with conditions.

17The Tribunal understands that the uncontested evidence of Ms. Loft reflects the revision to the original conditions of the Applications before the Tribunal that has considered the concerns from the residents and has shown the effort of the Appellant to consider and provide a proper resolution to protect the interests of the public.

18The Tribunal accepts the opinion evidence of Ms. Loft and Mr. Watt as presented in their witness statements, and similarly finds that the Application:

a. meets the applicable requirements and tests set out in s. 3, 53(12) and 51(24) of the Planning Act, R. S. O. 1990, c. P. 13, as amended (“Act”);

b. has regard for the relevant matters of provincial interest as set out in s.2 of the Act;

c. conforms to the PPS 2024, the County Official Plan, the Town Official Plan, and the ZBA;

d. reflects the principles of good land use planning; and,

e. is in the public interest.

ORDER

19THEREFORE, THE TRIBUNAL ORDERS THAT:

1. The appeals are allowed and provisional consents are to be given subject to the conditions set out in Attachment 1 to this order.

“L.P. You”

L.P. YOU

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

Conditions for the Town Application B02224

1. THAT 5% Parkland Contribution as required by the Planning Act be paid as a requirement of the approval of the severance (the parcel severed). The determination of the value of the parkland contribution will be based upon an appraisal prepared by an individual who is a member of the Appraisal Institute of Canada (AIC); and pursuant to section 51.1(4) of the Planning Act.

2. THAT the applicant provides a deposited reference plan, said reference plan to show all of the parcel to be severed.

3. THAT the applicant shall pay to the Town of Wasaga Beach any additional costs and expenses incurred as a result of the review and approval of this application.

4. THAT an Overall Lot Grading Plan is to be provided showing the lots in accordance with current Town of Wasaga Beach Engineering Standards and Policies, specifically the Infill Lot Grading and Drainage Policy. The overall lot grading plan is to show the existing and proposed services.

5. THAT a Road Occupation Permit (ROP) is to be obtained prior to any works within the Town’s Right-of-Way (ROW).

6. THAT a new sewer and water service connection to be provided to the Severed lots.

7. THAT a Landscape Plan be provided to the Town providing for a 2-metre wide naturalized area along the north lot line (along Knox Road West) and west lot line of the subject lands (severed and retained), with a proposal to retain existing trees where possible and to provide replacement trees for any trees removed, during construction.

8. THAT all conditions of this decision be fulfilled, and the documents presented to the Planning Department for issuance of the Certificate of Consent within a period not to exceed 24 months from the date of decision.

Conditions for the Town Application B02324

1. THAT 5% Parkland Contribution as required by the Planning Act be paid as a requirement of the approval of the severance (the parcel severed). The determination of the value of the parkland contribution will be based upon an appraisal prepared by an individual who is a member of the Appraisal Institute of Canada (AIC); and pursuant to section 51.1(4) of the Planning Act.

2. THAT the applicant provides a deposited reference plan, said reference plan to show all of the parcel to be severed.

3. THAT the applicant shall pay to the Town of Wasaga Beach any additional costs and expenses incurred as a result of the review and approval of this application.

4. THAT consent application B02224 is approved.

5. THAT an Overall Lot Grading Plan is to be provided showing the lots in accordance with current Town of Wasaga Beach Engineering Standards and Policies, specifically the Infill Lot Grading and Drainage Policy. The overall lot grading plan is to show the existing and proposed services.

6. THAT a Road Occupation Permit (ROP) is to be obtained prior to any works within the Town’s Right-of-Way (ROW).

7. THAT a new sewer and water service connection to be provided to the Severed lots.

8. THAT a 4.0m x 4.0m daylight triangle will be required to be dedicated to the Town on the lands shown as ‘Part 1’ on the applicant’s severance sketch submission.

9. THAT a Landscape Plan be provided to the Town providing for a 2-metre wide naturalized area along the north lot line (along Knox Road West) and west lot line of the subject lands (severed and retained), with a proposal to retain existing trees where possible and to provide replacement trees for any trees removed, during construction.

10. THAT all conditions of this decision be fulfilled, and the documents presented to the Planning Department for issuance of the Certificate of Consent within a period not to exceed 24 months from the date of decision.