October 17, 2024
The Town of Niagara-on-the-Lake was made aware of the Ontario Land Tribunal's Decision on the Official Plan Amendment (OPA) and an interim decision on the Zoning By-law Amendment and Plan of Subdivision regarding Randwood Estate on Friday, October 11, 2024.
The OPA has been approved to reflect the urban area boundary as a straight line and to redesignate the lands from Agricultural to Low-Density Residential. This will align the Town's boundary with the boundary found in the Region's Niagara Official Plan.
According to the Decision, "This site, as designated for residential development in the Town Official Plan (TOP) and through the OPA approved herein, can be developed to add quality housing in NOTL.” However, as explained throughout this decision, Solmar must resolve many fundamental matters before a draft subdivision plan is considered for approval.
Such fundamentals include:
*A Heritage Impact Assessment (HIA) for this adjacent site's effects on the Cultural Heritage Value or Interest (CHVI) of 144/176;
*A HIA and possible heritage permits for this site's development components on 144/176;
*Ascertaining solutions for primary and emergency access; and
*A full-site and boundary/border Tree Preservation Plan (TOP) with its cross-implications for grading, drainage and Stormwater Management (SWM)."
The Tribunal cited that revisions are required to meet the requirements of Section 2 of the Planning Act, matters of provincial interest.
In the Interim Order, the Tribunal ordered Solmar (Niagara 2) Inc. to advise if it intends to pursue the studies and revisions to the proposed development in accordance with the Tribunal's findings within two (2) months of the October 11 Decision.
The Randwood Estate has long been a property of significant heritage and community interest. Both Council and Staff are dedicated to continuing our efforts to balance development with the protection of our Town's cultural and historical assets. The Town respects the OLT's ruling. Council will be briefed on the details of the ruling by the Town's legal team at the earliest opportunity and will determine the appropriate next steps pending Solmar's decision to proceed.
Any media inquiries related to this matter should be directed to communications@notl.com. All other inquiries can be addressed to Kirsten McCauley, Director of Community & Development Services, at kirsten.mccauley@notl.com.
Thank you.
Comments from Lord Mayor Gary Zalepa:
“The recent Ontario Land Tribunal (OLT) decision regarding 200 John Street East / 588 Charlotte Street is the result of an appeal triggered due to the non-decision of the previous term of Council (2018-2022) on the application for an Official Plan Amendment, Zoning By-law Amendment and Draft Plan of Subdivision within the required timelines under the Planning Act.
During this term of Council (2022-2026), we identified significant heritage attributes of the property, and I'm pleased that the OLT decision has recognized the importance of those attributes in their ruling.
I want to thank our Planning team, who supported Council through this process. The recommendations of our professional planners have been recognized in the OLT's decision, which requires the protection of many of the heritage assets and the recognition of the site as a cultural heritage landscape.
It is important to note that this OLT hearing has consumed considerable time and financial resources for all parties involved. From the Town's perspective, these costs have had a significant impact on our budgets.
We now look forward to hearing from the applicant regarding their next steps, and the Town remains open to meeting and discussing the path forward.”
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