Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: March 17, 2022

CASE NO(S).: OLT-22-002056 (Formerly) PL210117

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

Applicant and Appellant: Sycamore Construction Ltd. and 2395959 Ontario Inc.

Subject: Application to amend Zoning By-law No. 74-53, as amended, and Zoning By-law No. 2017-66, as amended - Neglect of the Township of King to make a decision

Existing Zoning: To amend the existing Residential Urban (R1), Institutional (I) and Open Space (O) zoning designations under Zoning By-law No. 74-53, as amended, and to amend the existing Future (F) zoning designation under Zoning By-law No. 2017-66, as amended

Proposed Zoning: To amend Zoning By-law No. 74-53, as amended, to Residential Urban (Schomberg) One – Exception Section 7A.11 (R1S-1[H]) Holding, Residential Urban (Schomberg) Two – Exception Section 7B.7 (R1S-2[H]) Holding, Institutional – Exception Section 21.35 (I[H]) Holding, Institutional – Exception 21.36 (I), Open Space – Exception Section 26.70 (O[H]) Holding, Environmental Protection (EP[H]) Holding and to amend Zoning By-law No. 2017-66, as amended, to Residential Single Detached – Exception Section 6.5.1.40 (R1-40[H]) Holding, Residential Single Detached – Exception Section 6.5.1.41 (R1-41[H]) Holding, Environmental Protection (EP) Holding and Institutional – Exception Section 9.5.1.5 (1-5[H]) Holding

Purpose: To permit the development of a residential plan of subdivision containing 51 single detached residential lots and a new public road

Property Address/Description: Part of the East Half of Lot 32, Concession 9

Municipality: Township of King

Municipality File No.: Z-2017-11

OLT Case No.: OLT-22-002056

Legacy Case No.: PL210117

OLT Lead Case No.: OLT-22-002056

Legacy Lead Case No.: PL210117

OLT Case Name: Sycamore Construction Ltd. & King (Township)

PROCEEDING COMMENCED UNDER subsection 51(39) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: Sycamore Construction Ltd. and 2395959 Ontario Inc.

Subject: Conditions of approval of draft plan of subdivision

Property Address/Description: Part of the East Half of Lot 32, Concession 9

Municipality: Township of King

Municipality File No.: 19T-17-K02

OLT Case No.: OLT-22-002061

Legacy Case No.: PL210118

OLT Lead Case No.: OLT-22-002056

Legacy Lead Case No.: PL210117

Heard: February 14, 2022 by video hearing

APPEARANCES:

Parties	Counsel
Sycamore Construction Ltd. and 2395959 Ontario Inc.	Alexandra Whyte Quinto Annibale (in absentia)
Township of King	Tom Halinski

MEMORANDUM OF ORAL DECISION DELIVERED BY S. BRAUN ON FEBRUARY 14, 2022 AND ORDER OF THE TRIBUNAL

1The parties have reached a settlement with respect to appeals brought by Sycamore Construction Ltd. and 2395959 Ontario Inc. (“Appellants”) pursuant to s. 34(11) and s. 51(39) of the Planning Act¹ (“Act”) in relation to applications for a Zoning By-law Amendment (“ZBLA”) and Draft Plan of Subdivision (“Draft Plan”), collectively referred to as “the Applications”. The Applications are intended to facilitate the development of 51 residential lots and a new public road on lands described as Part of the East Half of Lot 32, Concession 9 in the Township of King (“subject lands” / ”site”) being the second phase of the Forestbrook Hills Subdivision, Phase one of which was approved in 1997 and registered in 1999.

2The appeals relate to the failure of the Township of King (“Township”) to make a decision on the ZBLA within the statutory timeframe, as well as conditions imposed by the Township in its approval of the Draft Plan.

3The Tribunal was presented with a package of Settlement Materials and Instruments (Exhibit 1) and heard land use planning opinion evidence from Paul Kulyk. Mr. Kulyk is a Registered Professional Planner, who was qualified by the Tribunal and provided a detailed contextual and land use planning rationale to support the proposed settlement. His Affidavit is Exhibit 2 to this proceeding.

SITE CONTEXT AND DEVELOPMENT PROPOSAL

4The subject lands consist of two currently vacant properties under separate ownership. The easterly portion, belonging to Sycamore Construction, is approximately 1.2 hectares (“ha”) in size. The eastern lot line includes the terminus of the Rosalena Drive cul-de sac. Further east is a forested area, followed by the residential lots in Phase one of the Forestbrook Hills Subdivision.

5The westerly portion of the subject lands belongs to 2395959 Ontario Ltd. and is approximately 6.91 ha in size. This portion of the subject lands has frontage on Church Street to the west and includes the Schomberg River, wooded areas and a portion of a man-made pond. Only 4.28 ha of the westerly lands are subject to the Applications. The remaining 2.63 ha, which includes the property municipally known as 199 Church Street, will not be developed as part of the Applications.

6The proposed development represents the second phase of the Forestbrook Hills Subdivision, originally approved in 1999. The first phase of development consisted of 90 single detached residential lots and included the extension of Roselena Drive across the Schomberg River. The Applications seek to amend the Township’s Zoning By-laws No. 2017-66 and No. 74-53 and seek approval for a related Draft Plan to facilitate a 51-lot residential subdivision, a new public road with a connection to Church Street, four open space and environmental blocks, and a pumping station block (“Proposed Development”).

7Zoning By-law No. 2017-66 was passed by Township Council in June 2017 and remains partially under appeal. As a result, the subject lands are subject to both Zoning By-laws No. 2017-66 and No. 74-53 and therefore, amendments to both are required in order to facilitate the proposed development.

PLANNING EVIDENCE

8Mr. Kulyk opined the instruments before the Tribunal have appropriate regard for matters of Provincial interest, are consistent with the Provincial Policy Statement (“PPS”), conform with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (“GP”), as well as the Region of York Official Plan (“ROP”); the Schomberg Community Plan (“SCP”, being the Official Plan in force at the time of the Applications); and the new Official Plan of the Township (“Our King”). He further opined that there has been appropriate regard for the matters enumerated in s. 51(24) of the Act and that the proposed draft conditions of approval are reasonable, having regard to the nature of the development proposed.

9During the course of his testimony, Mr. Kulyk spoke directly to concerns which had previously been raised by neighbourhood residents in relation to traffic/safety, noting that the draft conditions of approval before the Tribunal specifically address same. He explained that an earlier version of the Draft Plan showed Rosalena Drive running through the proposed development connecting the two phases and exiting onto Church Street. However, in response to various concerns raised by residents with respect to topography, traffic and safety, Condition 1 was modified to require that Rosalena Drive be disconnected, taking on a design which is reflective of a similar traffic-calming alternative implemented elsewhere in the Township (Kaake Road in the Village of Nobleton).

10Mr. Kulyk provided a detailed overview of the proposed road design, which contemplates the removal of a through connection for public vehicles, while providing access for emergency vehicles. Rosalena Drive would discontinue abutting a woodland feature and park known as “Fox Trail” with a “hammerhead turnaround” in each direction. Emergency bollards designed to break on impact will be placed at the end of each turnaround to allow for emergency vehicular access. Sidewalks for pedestrians and access for cyclists will also be part of the design. Finally, Mr. Kulyk explained that Rosalena Drive, which had previously been identified as a minor collector in the SCP has since been downgraded in Our King to a local road.

ANALYSIS AND DISPOSITION

11The Tribunal accepts the uncontested planning evidence of Mr. Kulyk and is satisfied that the proposed instruments and the development they will permit have regard for matters of Provincial interest and are consistent with PPS policies including, but not limited to, the promotion of efficient development and land use patterns, as well as the provision of an appropriate range and mix of housing options and densities. There is conformity with the GP and, in particular, policies relating to the management of growth, the promotion of complete communities and efficient transportation system planning. Further, there is conformity with the ROP, SCP and Our King, which speak to housing supply, the facilitation of new neighbourhoods, use of municipal facilities and services, as well as protection for environmentally sensitive areas and natural heritage systems.

12In addition, the Draft Plan has regard for the matters set out in s. 51(24) including but not limited to: conformity with the Official Plan and adjacent plans of subdivision; conservation of natural resources and flood control; and adequacy of utilities and municipal services. The draft conditions of approval, including the discontinuous connection via Roselena Drive, are reasonable having regard to the nature of the development proposed.

13Finally, the Tribunal notes from the draft order provided that an arrangement has been made with respect to costs in relation to this matter. This represents a private agreement between the parties and, as such, will not form part of the Tribunal’s order.

ORDER

14The Tribunal Orders that the Appeal pursuant to s. 34(11) of the Planning Act is allowed in part and Zoning By-law No. 2021-003 and Zoning By-law No. 2021-004 are approved in accordance with Attachment 1 and Attachment 2 to this Order.

15The Tribunal Orders that the Appeal pursuant to s. 51(39) of the Planning Act is allowed in part, on an interim basis, contingent upon confirmation of the pre-requisite requirements in paragraph 17 below and the Draft Plan of Subdivision prepared by Thorstone Consulting Services as found in Attachment 3 is approved in principle, subject to the fulfillment of the conditions set out in Attachment 4 to this Order.

16Pursuant to s. 51(56.1) of the Planning Act, the Township of King shall have the authority to clear the conditions of draft plan approval (in accordance with Attachment 4) for the purposes of s. 51(58) of the Act.

17The Tribunal will withhold the issuance of its Final Order as to the Draft Plan of Subdivision, contingent upon receipt of confirmation from the Solicitor for the Township of King that the final form of the Draft Plan of Subdivision has been approved by all parties, all conditions set out in Attachment 4 to this Order have been met to the satisfaction of the Township and the Draft Plan of Subdivision is submitted to the Tribunal in final form for approval under the Final Order.

18The Panel Member will remain seized for the purposes of reviewing and approving the final draft of the Plan of Subdivision and the issuance of the Final Order.

19If the parties, through the Solicitor for the Township of King, do not provide confirmation that all conditions have been satisfied and submit the final draft of the Plan of Subdivision and do not request the issuance of the Final Order by Monday, October 31, 2022, the Appellants and the Township shall provide a written status report to the Tribunal by that date, as to the timing of the expected confirmation and submission of the final form of the draft Plan of Subdivision and issuance of the Final Order by the Tribunal. In the event the Tribunal fails to receive the required status report, and/or in the event the contingent pre-requisites are not satisfied by the date indicated above, or by such other deadline as the Tribunal may impose, the Tribunal may then dismiss the Appeal pursuant to s. 51(39) of the Planning Act.

20The Tribunal may, as necessary, arrange the further attendance of the Parties by telephone conference call to determine the additional timelines and deadline for the satisfaction of the contingent pre-requisites, the submission of the final form of the Draft Plan of Subdivision, and the issuance of the Final Order.

“S. Braun”

s. braun

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.

OLT-22-002056 – Attachment 1

THE CORPORATION OF THE TOWNSHIP OF KING

BY-LAW NUMBER 2021 – 003

A BY-LAW TO AMEND ZONING BY-LAW NUMBER 2017-66, AS AMENDED

WHEREAS Zoning By-law Number 2017-66, being a By-law to regulate the use of land and the character, location and use of buildings and structures in the Township of King, adopted by Council on the 26th day of June, 2017 and currently under appeal to the Local Planning Appeal Tribunal (LPAT);

AND WHEREAS it is deemed necessary to further amend By-law Number 2017-66, as amended, the matters herein set out are in conformity with the Official Plan of the Township of King, as amended, and with Amendments No. 47 to the Official Plan for the Township of King, known otherwise as the Schomberg Community Plan;

AND WHEREAS authority is granted pursuant to Section 34 and 36 of the Planning Act, R.S.O. 1990, Chapter P. 13, to the Council of the Corporation of the Township of King to exercise such powers;

NOW THEREFORE the Council of the Corporation of the Township of King HEREBY ENACTS AS FOLLOWS:

THAT Zoning By-law Number 2017-66, as amended, be further amended for the lands subject to this By-law as follows:

1. THAT the lands subject to this By-law consist of the lands described as Part of East Half Lot 32, Concession 9, Township of King, municipally known as 199 Church Street, as more particularly shown on Schedules “1” and “2” attached hereto.

2. THAT “Schedules “1” and “2” attached hereto form part of this By-law.

3. THAT for the purposes of the lands subject to this by-law as shown on Schedule “1” attached to this By-law, Definition 95 “Height” and Definition 118, “Lot Coverage” shall be replaced with the following:

“95. Height: means the vertical distance measured from the established grade to:

a) the highest point of the roof surface or the parapet, whichever is the greater, of a flat roof;

b) the deckline of a mansard roof; or

c) the mean level between eaves and ridge of a gabled, hip, gambrel roof or other type of pitched roof.

Where a lot abuts an Environmental Protection (EP) zone or the boundary of the Defined Area, and the average finished grade level at the rear yard elevation of the building is lower than the average finished grade level at the front yard elevation of the building, the building height shall be measured from the average finished grade level at the front yard elevation of such building to:

a) the highest point of the roof surface or the parapet, whichever is the greater, of a flat roof;

b) the deckline of a mansard roof; or

c) the mean level between eaves and ridge of a gabled, hip, gambrel roof or other type of pitched roof.”

“118. Lot Coverage: means the percentage of the lot area, covered by all buildings and structures above grade, excluding decks, porches and loggias, and shall not include the portion of such lot area which is occupied by a structure or portion thereof which is completely below grade, and for the purposes of this definition, the lot coverage in each zone shall be deemed to apply only to that portion of such lot which is located within said zone.”

4. THAT Schedule “A1” of By-law 2017-66 as amended, is hereby further amended by changing the zone symbol on the lands described in Section 1 above from Future Use (F) Zone to the following for the subject lands as shown on Schedules “1” and “2” attached hereto and described in this By-law:

RESIDENTIAL SINGLE DETACHED – EXCEPTION SECTION 6.5.1.40 (R1-40(H)) HOLDING ZONE;

RESIDENTIAL SINGLE DETACHED – EXCEPTION SECTION 6.5.1.41 (R1-41(H)) HOLDING ZONE;

ENVIRONMENTAL PROTECTION (EP(H)) HOLDING ZONE;

INSTITUTIONAL – EXCEPTION SECTION 9.5.1.5 (I-5 (H)) HOLDING ZONE.

5. THAT notwithstanding Table 3.42.1 of By-law 2017-66, the following provisions with respect to Yard and Setback Encroachments shall apply in addition to those listed in Table 3.42.1:

i. Notwithstanding any other provision to the contrary, Decks with a height greater than 0.6m from grade shall be permitted to encroach 2.4m into the rear yard.

ii. Notwithstanding any other provision to the contrary, stairs shall be excluded from the Yard and Setback Encroachment requirements.

iii. Notwithstanding any other provision to the contrary, no porch shall encroach more than 1.5m into a Front Yard or Exterior Side Yard.

6. THAT Section 6.5 “Residential Zone Exceptions” shall be amended by inserting the following sections within Section 6.5.1 respectively, and notwithstanding Table 6.3a of By-law 2017-66, as amended, the following Lot and Building requirements shall apply together with any other special provisions identified in this By-law:

No.	Exception Schedule “A”	By-law Number(s)	Urban Area
6.5.1 R1 Zone Exceptions
6.5.1.40	R1-40	2021-003	Schomberg

a) The minimum lot area shall be 360.0 m2. b) The minimum lot frontage shall be 12.0 m. c) The minimum lot frontage for a corner lot shall be 15.0m. d) The minimum front yard shall be 4.5 m to the house and 6.0 m to the garage. e) The minimum rear yard shall be 7.5 m. f) The minimum interior side yard shall be 1.2 m. g) The minimum exterior side yard shall be 4.5 m. h) The maximum lot coverage shall be 45%. i) The maximum height shall be 9.5 m. j) The maximum garage width shall be 6.25m. k) The minimum pervious surface (as a percentage of the lot) shall be 30%. l) The minimum pervious surface (as a percentage of front yard) shall be 30%.

No.	Exception Schedule “A”	By-law Number(s)	Urban Area
6.5.1.41	R1-41	2021-003	Schomberg

a) The minimum lot area shall be 420.0 m2. b) The minimum lot frontage shall be 15.0 m. c) The minimum lot frontage for a corner lot shall be 18.0m. d) The minimum front yard shall be 4.5 m to the house and 6.0 m to the garage. e) The minimum rear yard shall be 7.5 m. f) The minimum interior side yard shall be 1.2 m. g) The minimum exterior side yard shall be 4.5 m. h) The maximum lot coverage shall be 40%. i) The maximum height shall be 9.5 m. j) The maximum garage width shall be 6.25m. k) The minimum pervious surface (as a percentage of the lot) shall be 35%. l) The minimum pervious surface (as a percentage of front yard) shall be 35%.

7. THAT the following exception shall be added to Section 9.5.1 of By-law 2017-66:

9.5.1 I Zone Exceptions
9.5.1.5	I - 5	2021-003	Schomberg

a) The permitted uses shall be a sewage pumping station, standby generator, parking area and accessory uses. b) The following Lot and Building requirements shall apply: i. The minimum lot area shall be 300 m2. ii. The minimum lot frontage shall be 15m. iii. The minimum front yard shall be 4.5 m. iv. The minimum rear yard shall be 3.0 m. v. The minimum interior side yard shall be 3 m. vi. The maximum lot coverage shall be 30% vii. The maximum height shall be 9.5 metres.

8. THAT the following Holding (H) Provisions shall apply as follows to the lands subject to this By-law shown on Schedules “1” and “2” attached to this by-law:

i. Notwithstanding any other provisions of this By-law, where a Holding Symbol denoted as a “H” is shown as a suffix to any Zone symbol no person shall use any land, erect, alter or use any building(s) or structure(s) for any purpose other than legally existing use(s), building(s), or structure(s) until such time as the Holding Symbol is removed by an amendment to this By-law passed pursuant to Section 36 of the Planning Act, as amended.

ii. Council for the Township of King may amend this By-law to remove the Holding Symbol from all or part of the lands or in stages to permit the development of the lands subject to the Holding Symbol in accordance with the provisions of this By-law and Section 36 of the Planning Act, as amended, at such time:

a. That written confirmation is obtained by the Township Engineer and/or appointed representatives that adequate water supply is available in the existing system to service domestic and fire flow demands required for the proposed development (per hydrant flow tests or system improvements).

b. That written confirmation is obtained by the Township Engineer and/or appointed representatives that adequate sanitary servicing capacity is available to service the development, based upon the completion and assessment of the 2020 Township Wastewater Servicing Plan, related protocols and required system improvements (if required).

9. THAT this By-law shall come into force on the day it was passed where no notice of appeal has been filed with the Township Clerk in accordance with the requirements and with the time prescribed under Section 34(19) of the Planning Act.

READ a FIRST and SECOND time this 11th day of January, 2021.

READ a THIRD time and FINALLY PASSED this 11th day of January, 2021.

Steve Pellegrini Mayor

Kathryn Moyle Director of Clerks/By-law Enforcement Township Clerk

(Ref. Planning Dept. Report No.: GMS-PL-2021-01 C.O.W. JAN. 11/21)

OLT-22-002056 – Attachment 2

THE CORPORATION OF THE TOWNSHIP OF KING

BY-LAW NUMBER 2021 – 004

A BY-LAW TO AMEND ZONING BY-LAW NUMBER 74-53, AS AMENDED

WHEREAS Zoning By-law 74-53, being a By-law to regulate the use of land and the character, location and use of buildings and structures in the Township of King, was passed on the 7th day of October 1974;

AND WHEREAS Zoning By-law Number 74-53, was amended by Zoning By-law 88-86 on June 20, 1988 to change the zoning on the subject lands to Institutional (I), Exception Section 21.15 and Open Space Exception 26.19;

AND WHEREAS it is deemed necessary to further amend By-law Number 74-53, as amended, the matters herein set out are in conformity with the Official Plan of the Township of King, as amended, and with Amendment No. 47 to the Official Plan for the Township of King, known otherwise as the Schomberg Community Plan;

AND WHEREAS authority is granted pursuant to Sections 34 and 36 of the Planning Act, R.S.O. 1990, Chapter P. 13, to the Council of the Corporation of the Township of King to exercise such powers;

NOW THEREFORE the Council of the Corporation of the Township of King HEREBY ENACTS AS FOLLOWS:

THAT Zoning By-law Number 74-53, as amended, be further amended for the lands subject to this By-law as follows:

10. THAT By-law 88-86 be repealed;

11. THAT the lands subject to this By-law consist of the lands described as Part of East Half Lot 32, Concession 9, Township of King, municipally known as 199 Church Street, as more particularly shown on Schedules “1” and “2” attached hereto.

12. THAT for the subject lands shown on Schedules “1” and “2” attached hereto, Zoning By-law 74-53 be amended as follows:

13. THAT for the lands subject to this By-law the definitions of “Height” in Section 3.71, and “Lot Coverage, Maximum” in Section 3.84 shall be removed and replaced with the following:

“3.71 Height: means the vertical distance measured from the established grade to:

a) the highest point of the roof surface or the parapet, whichever is the greater, of a flat roof;

b) the deckline of a mansard roof; or

c) the mean level between eaves and ridge of a gabled, hip, gambrel roof or other type of pitched roof.

Where a lot abuts an Environmental Protection (EP) or a Rural General (RU1) zone, and the average finished grade level at the rear yard elevation of the building is lower than the average finished grade level at the front yard elevation of the building, the building height shall be measured from the average finished grade level at the front yard elevation of such building to:

a) the highest point of the roof surface or the parapet, whichever is the greater, of a flat roof;

b) the deckline of a mansard roof; or

c) the mean level between eaves and ridge of a gabled, hip, gambrel roof or other type of pitched roof.”

“3.84 Lot Coverage: means the percentage of the lot area, covered by all buildings and structures above grade, excluding decks, porches and loggias, and shall not include the portion of such lot area which is occupied by a structure or portion thereof which is completely below grade, and for the purposes of this definition, the lot coverage in each zone shall be deemed to apply only to that portion of such lot which is located within said zone.”

14. THAT Schedule “A” to By-law 74-53, Map No. 5 “Schomberg Area” be amended by changing the zone symbol on the lands described in Section 2 above from Institutional (I), Exception Section 21.15 and Open Space Exception 26.19, to the following as shown on Schedules “1” and “2” attached hereto and described in this By-law:

RESIDENTIAL URBAN (SCHOMBERG) ONE – EXCEPTION SECTION 7A.11 (R1S-1(H)) HOLDING ZONE; RESIDENTIAL URBAN (SCHOMBERG) TWO – EXCEPTION SECTION 7B.7 (R1S-2(H)) HOLDING ZONE; INSTITUTIONAL – EXCEPTION SECTION 21.35 (I(H)) HOLDING ZONE; INSTITUTIONAL – EXCEPTION SECTION 21.36 (I) ZONE;OPEN SPACE – EXCEPTION SECTION 26.70 (O(H)) HOLDING ZONE; ENVIRONMENTAL PROTECTION (EP(H)) HOLDING ZONE.

15. THAT Section 6.55 “Yard and Setback Encroachments Permitted” be removed and replaced with the following Exception Section 6.55.1 for the lands subject to this By-law:

“SECTION 6.55.1 – YARD AND SETBACK ENCROACHMENTS PERMITTED

i) Every part of any yard required by this By-law shall be open and unobstructed by any structure from the ground to the sky, provided that the structures listed below shall be permitted to encroach into the minimum yards indicated for the distances specified:

Structure	Yard	No part of any building or structure shall project into the specified yard more than:
i) Architectural elements, including sills, belt, courses, cornices, gutters, chimneys, pilasters, eaves, parapets, canopies or fireplaces	Any yard	0.6 m
ii) Window bays	Front, rear and exterior side yards only	0.9 m, at a maximum width of 3.0 m
iii) Balconies	Front, rear and exterior side yards only	1.8 m
iv) Porches not exceeding one (1) storey in height and uncovered terraces (excluding stairs)	Front, and exterior side yards only	1.9 m including eaves and cornices, provided no porch shall encroach more than 1.5 m into a front yard or exterior side yard.
v) Decks with a height no greater than 0.6 m from grade	Rear and interior side yards only	Unrestricted, but no closer than 0.6 m from any lot line
vi) Decks with a height greater than 0.6 m, but less than 3.0 m, from grade (excluding stairs)	Rear yard only	2.4 m
vii) Air conditioners, heat pumps, swimming pool pumps/filters/heaters	Rear, exterior side and interior side yards only	Unrestricted, but no closer than 0.6 m from any lot line

ii) The following provisions with respect to Yard and Setback Encroachments shall apply in addition to those listed in paragraph i) of this section 6.55.1:

i. Notwithstanding any other provision to the contrary, stairs shall be excluded from the Yard and Setback Encroachment requirements.”

16. THAT Section 6 be amended by the addition of the following section 6.X10 “Exception for the RESIDENTIAL URBAN (SCHOMBERG) ONE – EXCEPTION Zone (R1S-1) and RESIDENTIAL URBAN (SCHOMBERG) TWO – EXCEPTION Zone (R1S-2), Model Homes” for the lands subject to this By-law:

“6.X10 MODEL HOMES

a) Notwithstanding any other provision of this By-law, model homes shall be permitted in any Residential zone, provided that:

i) Draft plan of subdivision approval has been received;

ii) The model home is constructed in a lot on the draft plan of subdivision and complies with the provisions of the Zoning By-law;

iii) A written agreement has been entered into with the Municipality; and

iv) The model homes are provided in accordance with the Municipality’s model home policy.

For the purposes of this section, a Model Home means a building which is used on a temporary basis as a sales office and/or as an example of the type of dwelling that will be for sale in a related development and which is not occupied or used for human habitation.

17. THAT Sections 7A and 7B of By-law Number 74-53, as amended, be further amended by adding the following subsections:

“7.A.11 Exception re: Part of East Half Lot 32, Concession 9, Township of King

Notwithstanding the provisions of Section 7A.2 (i to x) of this By-law, the lands delineated as a RESIDENTIAL URBAN (SCHOMBERG) ONE – EXCEPTION SECTION 7A.11 (R1S-1) on Schedules “1” and “2” attached hereto and described in this By-law, the following zone standards shall apply:

i. The minimum lot area shall be 420.0m2.

ii. The minimum lot frontage shall be 15.0m.

iii. The minimum lot frontage for a corner lot shall be 18.0m.

iv. The minimum front yard shall be 4.5m to the house and 6.0m to the garage.

v. The minimum rear yard shall be 7.5m.

vi. The minimum interior side yard shall be 1.2m.

vii. The minimum exterior side yard shall be 4.5m.

viii. The maximum lot coverage shall be 40%.

ix. The maximum height shall be 9.5m.

x. The maximum garage width shall be 6.25m.

xi. The minimum pervious surface (as a percentage of the lot) shall be 35%.

xii. The minimum pervious surface (as a percentage of the front yard) shall be 35%.

“7.B.7 Exception re: Part of East Half Lot 32, Concession 9, Township of King

Notwithstanding the provisions of Section 7B.2 (i to x) of this By-law, the lands delineated as a RESIDENTIAL URBAN (SCHOMBERG) TWO – EXCEPTION SECTION 7B.7 (R1S-2) on Schedules “1” and “2” attached hereto and described in this By-law of this By-law, the following zone standards shall apply:

i. The minimum lot area shall be 360.0m2.

ii. The minimum lot frontage shall be 12.0m.

iii. The minimum lot frontage for a corner lot shall be 15.0m.

iv. The minimum front yard shall be 4.5m to the house and 6.0m to the garage.

v. The minimum rear yard shall be 7.5m.

vi. The minimum interior side yard shall be 1.2m.

vii. The minimum exterior side yard shall be 4.5m.

viii. The maximum lot coverage shall be 45%.

ix. The maximum height shall be 9.5m.

x. The maximum garage width shall be 6.25m.

xi The minimum pervious surface (as a percentage of the lot) shall be 30%.

xii. The minimum pervious surface (as a percentage of the front yard) shall be 30%.

18. THAT Section 21 – Institutional (I) Zone be further amended by adding the following subsections:

“21.35 Exception re: Part of East Half Lot 32, Concession 9, Township of King

Notwithstanding the provisions of Sections 21.1 and 21.2 of this By-law, the lands delineated as Institutional (I) and shown as “Exception – Section 21.35 on Schedules “1” and “2” attached hereto and described in this By-law may be used for Institutional purposes provided that:

a) The permitted uses shall be limited to a sewage pumping station, standby generator, parking area and accessory uses;

b) The following zone requirements shall apply:

i. The minimum lot area shall be 300.0m2.

ii. The minimum lot frontage shall be 15.0m.

iii. The minimum front yard shall be 4.5m.

iv. The minimum rear yard shall be 3.0 m.

v. The minimum interior side yard shall be 3.0m.

vi. The maximum lot coverage shall be 30%

vii. The maximum height shall be 9.5m.

“21.36 Exception re: Part of East Half Lot 32, Concession 9, Township of King

Notwithstanding the provisions of Sections 3.117A, 6.2ii), iii) and vi), 6.33, 21.1 and 21.2 of this By-law, the lands delineated as Institutional (I) and shown as “Exception – Section 21.36 on Schedules “1” and “2” attached hereto and described in this By-law may be used for Institutional purposes including:

a) A retirement home as defined in the Retirement Homes Act, 2010, as amended, and uses, buildings and structures accessory thereto, provided that:

i. The minimum lot area shall be 1.5 hectares.

ii. The minimum lot frontage shall be 20.0m.

iii. The minimum front yard for a principal building or structure shall be 130m.

iv. The minimum rear yard for a principal building or structure shall be 35.0 m.

v. The minimum side yard for a principal building or structure on the west side only, shall be 3.0m.

vi. The minimum side yard for a principal building or structure, on the east side only, shall be 20.0 m.

vii. The maximum floor area for a principal building or structure shall be 1,400 m2.

viii. The maximum lot coverage shall be 850.0 m2.

ix. The maximum height for all buildings and structures shall be 11.0 m.

x. The maximum number of units or suites shall be 20.

xi. Each habitable unit or suite shall have a private bathroom.

xii. Notwithstanding the provisions above, accessory buildings or structures may be located closer to the front lot line and side lot line than a principal building or structure provided that: - The minimum front yard shall be 75.0 m;

• The minimum rear yard shall be 15.0 m; and

• The minimum side yard shall be 10.0 m.

xiii. Notwithstanding the provisions above, no habitable buildings or structures shall be located within 9.0 m from the top-of-bank or 15.0 m measured horizontally, whichever is the greater, from the edge of any watercourse or body of water.

xiv. The minimum number of parking spaces shall be 34.

19. THAT Section 26 – Open Space (O) Zone be further amended by adding the following subsection:

“26.70 Exception re: Part of East Half Lot 32, Concession 9, Township of King

Notwithstanding the provisions of Sections 26.1and 26.3 of this By-law, the lands delineated as Open Space (O) and shown as “Exception – Section 26.70 on Schedules “1” and “2” attached hereto and described in this By-law shall be limited to stormwater management facilities and related uses, buildings or structures, walking trails and related uses and structures.

20. THAT Section 27 – Environmental Protection (EP) Zone be further amended by the adding the following subsection:

“27.27 Exception re: Part of East Half Lot 32, Concession 9, Township of King

Notwithstanding the provisions of Sections 27.1 of this By-law, the lands delineated as Environmental Protection (EP) and shown as “Exception – Section 27.27 on Schedules “1” and “2” attached hereto and described in this By-law may be used for shall be limited to stormwater management facilities and related uses, buildings or structures, walking trails and related uses and structures, all subject to the approval of the Lake Simcoe and Region Conservation Authority.

21. THAT the following Holding (H) Provisions shall apply as follows to the lands shown on Schedules “1” and “2” attached hereto and described in this By-law:

a) Notwithstanding any other provisions of this By-law, where a Holding Symbol denoted as a “H” is shown as a suffix to any Zone symbol no person shall use any land, erect, alter or use any building(s) or structure(s) for any purpose other than legally existing use(s), building(s), or structure(s) until such time as the Holding Symbol is removed by an amendment to this By-law passed pursuant to Section 36 of the Planning Act, as amended.

b) Council for the Township of King may amend this By-law to remove the Holding Symbol from all or part of the lands or in stages to permit the development of the lands subject to the Holding Symbol in accordance with the provisions of this By-law and Section 36 of the Planning Act, as amended, at such time:

i. That written confirmation is obtained by the Township Engineer and/or appointed representatives that adequate water supply is available in the existing system to service domestic and fire flow demands required for the proposed development (per hydrant flow tests or system improvements).

ii. That written confirmation is obtained by the Township Engineer and/or appointed representatives that adequate sanitary servicing capacity is available to service the development, based upon the completion and assessment of the 2020 Township Wastewater Servicing Plan, related protocols and required system improvements (if required).

22. THAT this By-law shall come into force on the day it was passed where no notice of appeal has been filed with the Township Clerk in accordance with the requirements and with the time prescribed under Section 34(19) of the Planning Act.

READ a FIRST and SECOND time this 11th day of January, 2021.

READ a THIRD time and FINALLY PASSED this 11th day of January, 2021.

Steve Pellegrini Mayor

Kathryn Moyle Director of Clerks/By-law Enforcement Township Clerk

(Ref. Planning Dept. Report No.: GMS-PL-2021-01 C.O.W. Jan. 11/21)

OLT-22-002056 – Attachment 3

OLT-22-002056 – Attachment 4

Footnotes

1. 1R.S.O. 1990, C. P. 13, as amended.