2472498 Ontario Inc. v. York (Region), 2021 CanLII 54216

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE:

June 15, 2021

CASE NO(S).:

PL171438

The Ontario Municipal Board (the “OMB”) and the Local Planning Appeal Tribunal (the “LPAT”) is continued under the name Ontario Land Tribunal (the “Tribunal”), and any reference to the Ontario Municipal Board or Board or Local Planning Appeal Tribunal in any publication of the Tribunal is deemed to be a reference to the Tribunal.

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant:

2472498 Ontario Inc.

Subject:

Request to amend the Official Plan - Failure of Region of York to adopt the requested amendment

Existing Designation:

“Core Area" and "Existing Commercial Area"

Proposed Designated:

"Medium Density Residential"

Purpose:

To permit the development of 48 stacked townhomes

Property Address/Description:

12765, 12781, and 12789 Keele Street

Municipality:

Township of King

Approval Authority File No.:

OP-2016-05

LPAT Case No.:

PL171438

LPAT File No.:

PL171438

LPAT Case Name:

2472498 Ontario Inc. v. York (Region)

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

Applicant and Appellant:

2472498 Ontario Inc.

Subject:

Application to amend Zoning By-law No By-law 74-53 - Neglect of Region of York to make a decision

Existing Zoning:

“Residential Urban (R1)"

Proposed Zoning:

Site Specific (To be determined)

Purpose:

To permit the development of 48 stacked townhomes

Property Address/Description:

12765, 12781, and 12789 Keele Street

Municipality:

Township of King

Municipality File No.:

Z-2016-18

LPAT Case No.:

PL171438

LPAT File No.:

PL171439

PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Referred by:

Kathryn Moyle

Subject:

Site Plan

Property Address/Description:

12765, 12781, and 12789 Keele Street

Municipality:

Township of King

LPAT Case No.:

PL171438

LPAT File No.:

PL171318

Heard:

May 18, 2021 by telephone conference call

APPEARANCES:

Parties

Counsel

2472498 Ontario Inc.

I. Tang and K. Butler

Township of King

T. Halinski

Region of York

S. Foster

Bruno Artenosi

Self-represented

Stephanie Artenosi

Self-represented

Jessica Ferri

Self-represented

Dennis and Bonnie Mooney

Self-represented

Daiana Silvestri

Self-represented

MEMORANDUM OF ORAL DECISION DELIVERED BY N.P. ROBINSON ON MAY 18, 2021 AND ORDER OF THE TRIBUNAL

1This second Case Management Conference (“CMC”) was convened for appeals lodged by 2472498 Ontario Inc. (“247”) to the absence of decisions by the Township of King (“Township”) on its applications for Official Plan Amendment (“OPA”), Zoning By-law Amendment (“ZBA”) and Site Plan Approval (“SPA”).

2The Tribunal granted party status to several individuals residing in the adjacent neighbourhood in its January 28, 2021 CMC with the direction that they endeavour to work together as a single entity for their efficient and effective involvement in a hearing.

3The Tribunal also granted participant status to one other individual in the first CMC and this second CMC was set for the purpose of finalizing any lingering procedural issues before setting the matter for a hearing – in particular the timeline for the exchange of witness lists and finalizing an issues list.

4The parties indicated to the Tribunal that there would be no meaningful benefit to mediation.

5The parties provided the Tribunal with a final draft Procedural Order (“PO”) shortly after the CMC. The Tribunal is content that this PO creates a reasonable timeline to ensure that the matter proceeds expeditiously and sufficiently narrows the issues to be adjudicated. A copy of the PO is attached as Schedule “A” to the within decision.

6That PO shall issue in the form set out at Schedule “A” and the matter shall be set for a 15-day video hearing commencing at 10 a.m. on Monday, May 2, 2022 to Tuesday, May 24, 2022, with no sitting on May 16, 2022 and May 23, 2022. The PO shall be in effect and in force as of the date of issuance of this decision.

7Parties and Participants are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections.

https://global.gotomeeting.com/join/565887685

Access Code: 565-887-685

8Parties and Participants are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html

9Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: Toll-Free 1-888-455-1389 or +1 (647) 497-9391. The access code is 565-887-685.

10Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the hearing by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.

11This Member is not seized for the purpose of the hearing.

12The Tribunal so orders.

“N.P. Robinson”

N.P. ROBINSON

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.

PL171438 – Schedule A

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

The Ontario Municipal Board (the “OMB”) and the Local Planning Appeal Tribunal (the “LPAT”) is continued under the name Ontario Land Tribunal (the “Tribunal”), and any reference to the Ontario Municipal Board or Board or Local Planning Appeal Tribunal in any publication of the Tribunal is deemed to be a reference to the Tribunal.

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant:

2472498 Ontario Inc.

Subject:

Request to amend the Official Plan - Failure of Region of York to adopt the requested amendment

Existing Designation:

“Core Area" and "Existing Commercial Area"

Proposed Designated:

"Medium Density Residential"

Purpose:

To permit the development of 48 stacked townhomes

Property Address/Description:

12765, 12781, and 12789 Keele Street

Municipality:

Township of King

Approval Authority File No.:

OP-2016-05

LPAT Case No.:

PL171438

LPAT File No.:

PL171438

LPAT Case Name:

2472498 Ontario Inc. v. York (Region)

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

Applicant and Appellant:

2472498 Ontario Inc.

Subject:

Application to amend Zoning By-law No By-law 74-53 - Neglect of Region of York to make a decision

Existing Zoning:

“Residential Urban (R1)"

Proposed Zoning:

Site Specific (To be determined)

Purpose:

To permit the development of 48 stacked townhomes

Property Address/Description:

12765, 12781, and 12789 Keele Street

Municipality:

Township of King

Municipality File No.:

Z-2016-18

LPAT Case No.:

PL171438

LPAT File No.:

PL171439

PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Referred by:

Kathryn Moyle

Subject:

Site Plan

Property Address/Description:

12765, 12781, and 12789 Keele Street

Municipality:

Township of King

LPAT Case No.:

PL171438

LPAT File No.:

PL171318

Procedural Order for Video Hearing

1. The Tribunal may vary or add to the directions in this procedural order at any time by an oral ruling or by another written order, either on the parties’ request or its own motion.

Organization of the Hearing

2. The video hearing will begin on Monday, May 2, 2022 at 10 a.m., concluding on Tuesday, May 24, 2022, with no sitting on May 16, 2022 and May 23, 2022.

GoTo Meeting: https://global.gotomeeting.com/join/565887685

Audio-only telephone line: Toll-Free 1-888-455-1389 or +1 (647) 497-9391

Access Code: 565-887-685

3. The initial estimation for the length of the hearing is 15 days. The Parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues where possible. The procedural order deadlines are generally found in Attachment 1.

4. A Third Case Management Conference may be held Wednesday, June 9, 2021.

5. The Parties and Participants identified at the Case Management Conference are set out in Attachment 3 (see Attachment 2 for the meaning of these terms).

6. Subject to the requirements regarding preparation of preliminary and final issues lists in paragraphs Error! Reference source not found. and 11 below, the issues are set out in the Issues List attached as Attachment 4. There will be no changes to the final list unless the Tribunal permits, and a Party who asks for changes may have costs awarded against it.

7. The order of evidence shall be as set out in Attachment 5 to this Order. The Tribunal may limit the amount of time allocated for opening statements, evidence in chief (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on the Parties’ consent, subject to the Tribunal’s approval, or by Order of the Tribunal.

8. Any person intending to participate in the hearing should provide a mailing address, email address and a telephone number to the Tribunal as soon as possible – ideally before the case management conference. Any person who will be retaining a representative should advise the other Parties and the Tribunal of the representative’s name, address, email address and the phone number as soon as possible.

9. Any person who intends to participate in the hearing, including parties, counsel and witnesses, is expected to review the Tribunal’s Video Hearing Guide, available on the Tribunal’s website (https://olt.gov.on.ca/tribunals/lpat/).

Requirements Before the Hearing

10. If the Applicant intends to seek approval of a revised proposal at the hearing, the Applicant shall provide copies of the revised proposal, including all revised plans, drawings, proposed instruments, updated supporting documents and reports, to the other parties on or before Friday, March 26, 2021.

11. The parties shall cooperate to prepare a final, consolidated list of issues on or before Thursday, May 13, 2021 and provide same to the Tribunal in accordance with paragraph 25 below. A streamlined issues list shall be provided to the Tribunal on or before Tuesday, June 1, 2021. The final issues list shall be reproduced in Attachment 4.

12. A Party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal and the other Parties a list of the witnesses and the order in which they will be called. This list must be delivered on or before November 3, 2021 and in accordance with paragraph 25 below. A party who intends to call an expert witness must include a copy of the witness’ Curriculum Vitae and the area of expertise in which the witness is prepared to be qualified. Any challenges to the qualifications of a witness to give opinion evidence in the area of expertise proposed should be made by motion in accordance with the Tribunal’s Rules of Practice and Procedure, and notice of same must be served on the other Parties on or before Thursday, November 18, 2021, in which case a further Case Management Conference shall be scheduled as soon as possible after motion materials are filed.

13. Expert witnesses in the same discipline(s) shall have a meeting on or before Tuesday, February 1, 2022 (90 days before the hearing) and use best efforts to try to resolve or reduce the issues for the hearing. Following the experts’ meeting the parties must prepare and file a Statement of Agreed Facts and Issues with the LPAT case co-ordinator on or before Friday, February 11, 2022 (80 days before the hearing).

14. An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the hearing. Copies of this must be provided as in paragraph 16. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert’s testimony. For greater certainty, each expert witness statement must comply with the minimum content requirements specified in Rule 7 of the Tribunal’s Rules of Practice and Procedure. If the expert witness has prepared any report(s) that he/she intends to rely on at the hearing, and which did not form part of the submissions made to the City, such report(s) shall be provided to the other parties at the same as the delivery of expert witness statements, as in paragraph 16.

15. Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement; but the party calling them must file a brief outline of the expert’s evidence as in paragraph 16. A party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence, as in paragraph 16.

16. On or before Tuesday, February 21, 2022 (69 days before the hearing) the Parties shall provide copies of their witness and expert witness statements to the other Parties and to the LPAT case co-ordinator and in accordance with paragraph 25 below.

17. On or before Tuesday, February 21, 2022 (69 days before the hearing), a Participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 24 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.

18. Parties may provide to all other parties and the LPAT case co-ordinator a written response to any written evidence on or before Monday, March 28, 2022 (35 days before the hearing) and in accordance with paragraph 25 below.

19. On or before Tuesday, April 19, 2022 (13 days before the hearing), the Parties shall prepare and file a detailed Work Plan that identifies the following, at a minimum: the identified parties participating in the Hearing Event, preliminary matters (if any to be addressed), the date a witness is intended to attend the Tribunal, the identified witness name/expertise, and the approximate time allotted for Examination in Chief, Cross Examination and any re-examination (if any) (the “Work Plan”). The Work Plan will be adhered to guide the Hearing Event to the best ability of all the Parties, and any and all witnesses shall be available on the identified date(s), unless otherwise directed by the Tribunal. The Tribunal may, at its discretion, change or alter the Work Plan throughout the Hearing Event.

20. On or before Friday, April 22, 2022 (10 days before the hearing), the Parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 24 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.

21. The parties shall cooperate to prepare a joint document book which shall be shared with the LPAT case co-ordinator on or before Friday, April 22, 2022 (10 days before the hearing).

22. A party who provides written evidence of a witness to the other parties must have the witness attend the hearing to give oral evidence, unless the party notifies the Tribunal at least 7 days before the hearing (on or before Monday, April 25, 2022) that the written evidence is not part of their record.

23. Any documents which may be used by a party in cross examination of an opposing party’s witness are encouraged to be sent to the LPAT case co-ordinator or as otherwise be directed, on or before Friday, April 29, 2022 (3 days before the hearing). Such documents shall be password protected and only be accessible to the Tribunal and the other Parties if it is introduced as evidence at the hearing. This does not prevent Parties from filing materials for cross-examination after this date to the Tribunal for use at the hearing.

24. A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. See Rule 10 of the Tribunal’s Rules with respect to Motions, which requires that the moving party provide copies of the motion to all other parties 15 days before the Tribunal hears the motion.

25. All filings of documents and materials shall be electronic and in hard copy. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10MB in size, or as otherwise directed by the Tribunal. The delivery of documents by email shall be governed by the Tribunal’s Rules (Rule 7).

26. No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal’s Rule 17 applies to such requests.

This Member is not seized.

So orders the Tribunal.

Attachment 1 to Procedural Order

Summary of Procedural Dates

EVENT

DATE

Last date for Applicant/Appellant to provide copies of revised proposal, including all revised plans and drawings (if any)

Friday, March 26, 2021

Final Issues List

Thursday, May 13, 2021

Final Procedural Order including Streamlined Issues List to Tribunal

Tuesday, June 1, 2021

3^rd Case Management Conference (if required)

Wednesday, June 9, 2021 at 9:00 am

Parties exchange their Witness Lists (names & disciplines)

Wednesday, November 3, 2021

Last date to challenge identification of expert witness (notice of motion)

In which case, CMC to be scheduled as soon as possible after motion materials are filed

Thursday, November 18, 2021

Meeting of Like Experts On or Before this Date

Tuesday, February 1, 2022 (90 days before the hearing)

Agreed Statement of Facts

Friday, February 11, 2022 (80 days before the hearing)

Parties exchange their Witness and Expert Witness Statements

Participants provide their Participant Statements

Tuesday, February 21, 2022 (69 days before the hearing)

Parties exchange their Reply Witness Statements (if any)

Monday, March 28, 2022 (35 days before the hearing)

Parties file Hearing Plan

Tuesday, April 19, 2022 (13 days before the hearing)

Parties file their Visual Evidence (if any)

Friday, April 22, 2022 (10 days before the hearing)

Parties file Joint Document Book

Friday, April 22, 2022 (10 days before the hearing)

Last Day for Party to Notify Other Parties If Submitted Written Evidence Not Forming Part of Record

Monday, April 25, 2022 (7 days before the hearing)

Cross Examination Documents (Password Protected)

Friday, April 29, 2022 (3 days before the hearing)

Hearing

May 2 to May 24, 2022 (15 days)

Attachment 2 to Procedural Order

Meaning of terms used in the Procedural Order:

Party is an individual or corporation permitted by the Tribunal to participate fully in the hearing by receiving copies of written evidence, presenting witnesses, cross-examining the witnesses of the other parties, and making submissions on all of the evidence. If an unincorporated group wishes to become a party, it must appoint one person to speak for it, and that person must accept the other responsibilities of a party as set out in the Order. Parties do not have to be represented by a lawyer, and may have an agent speak for them. The agent must have written authorisation from the party.

NOTE that a person who wishes to become a party before or at the hearing, and who did not request this at the case management conference (CMC), must ask the Tribunal to permit this.

A participant is an individual, group or corporation, whether represented by a lawyer or not, who may make a written submission to the Tribunal. A participant cannot make an oral submission to the Tribunal or present oral evidence (testify in-person) at the hearing (only a party may do so). Subsection 33.2 of the Local Planning Appeal Tribunal Act states that a person who is not a party to a proceeding may only make a submission to the Tribunal in writing. The Tribunal may direct a participant to attend a hearing to answer questions from the Tribunal on the content of their written submission, should that be found necessary by the Tribunal. A participant may also be asked questions by the parties should the Tribunal direct a participant to attend a hearing to answer questions on the content of their written submission.

A participant must be identified and be accorded participant status by the Tribunal at the CMC. A participant will not receive notice of conference calls on procedural issues that may be scheduled prior to the hearing, nor receive notice of mediation. A participant cannot ask for costs, or review of a decision, as a participant does not have the rights of a party to make such requests of the Tribunal.

Written evidence includes all written material, reports, studies, documents, letters and witness statements which a party or participant intends to present as evidence at the hearing. These must have pages numbered consecutively throughout the entire document, even if there are tabs or dividers in the material.

Visual evidence includes photographs, maps, videos, models, and overlays which a party or participant intends to present as evidence at the hearing.

A witness statement is a short written outline of the person’s background, experience and interest in the matter; a list of the issues which he or she will discuss and the witness’ opinions on those issues; and a list of reports that the witness will rely on at the hearing.

An expert witness statement should include his or her (1) name and address, (2) qualifications, (3) a list of the issues he or she will address, (4) the witness’

opinions on those issues and the complete reasons for the opinions and (5) a list of reports that the witness will rely on at the hearing.

A participant statement is a short written outline of the person’s or group’s background, experience and interest in the matter; a list of the issues which the participant wishes to address and the submission of the participant on those issues; and a list of reports, if any, which the participant wishes to refer to in their statement.

Additional Information

Summons: A party must ask a Tribunal Member or the senior staff of the Tribunal to issue a summons. This request must be made before the time that the list of witnesses is provided to the Tribunal and the parties. (See Rule 13 on the summons procedure.) If the Tribunal requests it, an affidavit must be provided indicating how the witness’ evidence is relevant to the hearing. If the Tribunal is not satisfied from the affidavit, it will require that a motion be heard to decide whether the witness should be summoned.

The order of examination of witnesses: is usually direct examination, cross-examination and re-examination in the following way:

• direct examination by the party presenting the witness;

• direct examination by any party of similar interest, in the manner determined by the Tribunal;

• cross-examination by parties of opposite interest;

• re-examination by the party presenting the witness; or

• another order of examination mutually agreed among the parties or directed by the Tribunal.

Attachment 3 to Procedural Order

Parties and Participants

Parties

1. 2472498 Ontario Inc.

Isaac Tang & Katie Butler

Borden Ladner Gervais LLP

Bay Adelaide Centre - East Tower

22 Adelaide St West

Toronto, ON M5H 4E3

Phone: 416.367.6143 / 416.367.6353

Email: itang@blg.com / kbutler@blg.com

2. Township of King

Tom Halinski

Aird & Berlis LLP

Brookfield Place

181 Bay St, Suite 1800

Toronto, ON M5J 2T9

Phone: 416.865.7767

Email: thalinski@airdberlis.com

3. Regional Municipality of York

Samantha Foster, Solicitor

Regional Municipality of York

17250 Yonge St

Newmarket, ON L3Y 6Z1

Phone: 905.830.444 x 71435

Email: samantha.foster@york.ca

Parties in Support of Township and Region

4. Bruno Artenosi

34 Clearview Heights

Phone: 416.450.8227

Email: bruno@develco.ca

5. Stephanie Artenosi

38 Clearview Heights

Phone: 647.285.1255

Email: stephunny00@hotmail.com

6. Jessica Ferri (54 Patricia Drive)

Mandy Ng

Loopstra Nixon LLP

135 Queens Plate Drive, Suite 600

Toronto, ON M9W 6V7

Phone: 416.748.4136

Email: mng@loonix.com

7. Dennis & Bonnie Mooney

30 Clearview Heights

Phone: 905.833.5256 Email: dennis.mooney@sympatico.ca; bonniemooney@sympatico.ca

8. Daiana Silvestri

58 Clearview Heights

Phone: 416.723.9755

Email: daianas@icloud.com

Participants

Sandra Ortino

59 Patricia Drive

Phone: 416.358.5340

Email: ortinos@rogers.com; sandra.ortino@gowlingwlg.com

Attachment 4 to Procedural Order

FINAL ISSUES LIST (STREAMLINED)

2472498 Ontario Inc. submitted Official Plan Amendment, Zoning By-law Amendment and Site Plan applications to accommodate a condominium building at 12765, 12781 and 12789 Keele Street and 17 Elizabeth Grove, King City (referred to as the “applications”, the “Proposed Development” or the “development proposal”).

NOTE: Identification of an issue on this list does not mean that all parties agree that such an issue, or the manner in which it is expressed, is appropriate or relevant for the proper determination of the appeals. The extent of the appropriateness and/or relevance of the issue may be a matter of evidence and/or argument at the hearing.

PLANNING POLICY

1. Are the applications consistent with the Provincial Policy Statement, including, without limitation, the following?

a. Policy 1.1.1 (a), (b)

b. Policy 1.1.3.3

c. Policy 1.1.3.4

d. Policy 1.1.3.6

e. Policy 1.4.3 ?

2. Do the applications conform with the Growth Plan, including without limitation, the following?

a. Policy 2.1

b. Policy 2.2.1.2 (c)

c. Policy 2.2.1.4 (a), (c), (e)

d. Policy 2.2.2.3

e. Policy 2.2.4.1 to 2.2.4.5

f. Policy 2.2.6.1 (a) i.?

3. Does the Proposed Development conform with the Oak Ridges Moraine Conservation Plan, including without limitation, Policies 18 (1), (3) and (5)?

4. Does the Proposed Development conform to the York Region Official Plan, including without limitation, the following?

a. Policy 5.2.10 (a)

b. Policy 5.3.1

c. Policy 5.3.3 (b)

d. Policy 5.3.4

e. Policy 5.6.22?

5. Does the proposed development appropriately consider the King City Community Plan?

6. Does the development proposal conform to the Township’s new Official Plan?

LAND USE PLANNING

7. Are the proposed amendments to the Township’s Zoning By-law appropriate?

8. Does the proposal have regard to matters of provincial interest as set out in Section 2 of the Planning Act?

9. Does the Proposed Development constitute good planning?

COMPATIBILITY

10. Is the residential density proposed appropriate, relative to the overall size of the site and location within the community?

11. Is the transition in density and scale from the Proposed Development to the adjacent low density, low rise residential neighbourhood appropriate?

12. Is the built form compatible with the adjacent low density, low rise residential neighbourhood (specifically the neighbourhood to the east) in respect to height, massing, sun/shadow impacts, setbacks, tiering, buffers, landscaping (including what the landscaping is comprised of), privacy impacts, and in locating windows and balconies?

DESIGN / URBAN STRUCTURE

13. Is the built form appropriate vis-à-vis Keele Street? What impacts, if any, will the proposed development have on the pedestrian realm along Keele Street, and are such impacts appropriate?

14. Does the proposed development have appropriate regard for the Village Design Policies and King City Village Centre Urban Design Guidelines?

15. Has the development proposal demonstrated sufficient space for snow storage, setbacks from ground level unit amenity spaces, separation around control manholes and appropriately sized sidewalks?

16. Has the development proposal appropriately considered sufficient sustainable design features relative to the size and scale of the development?

PARKLAND / COMMUNITY BENEFITS

17. How should the proposed site design be revised to accommodate required parkland dedication?

18. Has the development proposal provided a sufficient amount of open landscaped space?

19. Should the proposal be revised to include additional at-grade open space, including publicly accessible open space? If so, what form should such open space take and be secured?

20. Should the proposal incorporate community benefits? What form should such benefits take? Should the proposal be revised to incorporate at-grade publicly accessible public art?

TRANSPORTATION / TRAFFIC

21. Will the development proposal result in unacceptable adverse impacts of traffic or congestion?

22. What traffic controls, road improvements and widenings would be required to accommodate the development proposal, including any improvements to the adjacent local street network?

23. Is the proposed site access appropriate? Should the proposed entrance off of Clearview Hts. be removed or otherwise revised to mitigate traffic infiltration into the neighbourhood?

PARKING

24. Has the development proposal provided sufficient and appropriate visitor parking?

SERVICING

25. Has the development proposal demonstrated an acceptable long-term ground water de-watering solution?

26. Has the development proposal demonstrated that adequate sanitary sewer and water capacity is available?

ENGINEERING

27. Have the Township’s Engineering comments been satisfactorily addressed?

PUBLIC AGENCY COMMENTS

28. Have comments provided by Metrolinx been satisfactorily addressed?

29. Have the Region of York’s comments regarding the Site Plan been satisfactorily addressed?

OTHER

30. Is the Proposed Development supported by technical information and reports?

31. Has the development proposal provided for the clean-up and mitigation plans required to address site contamination matters?

32. Dennis & Bonnie Mooney only: Setting aside an easement to allow for us to care for and maintain our attached garage as it encroaches upon the eastern boundary of the subject property.

Attachment 5 to Procedural Order

Order of Evidence

1. 2472498 Ontario Inc.

2. Township of King

3. Region of York

4. Parties in Support of Township and Region

5. 2472498 Ontario Inc. in reply, if any