Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
May 16, 2022
CASE NO(S).:
OLT-21-001131
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Referred by:
1815985 Ontario Ltd.
Subject:
Site Plan
Description:
To permit an expansion to the group home
Property Address/Description:
13260 Jane Street/Lot 7, Concession 5
Municipality/UT
Township of King/Regional Municipality of York
OLT Case No.:
OLT-21-001131
OLT File No.:
OLT-21-001131
OLT Case Name:
1815985 Ontario Ltd. v. King (Township)
Heard:
April 29, 2022 via video hearing
APPEARANCES:
Parties
Counsel
1815958 Ontario Limited (“Appellant”)
Russell Cheeseman
Township of King (“Town”)
Tom Halinski
MEMORANDUM OF ORAL DECISION DELIVERED BY S. MANN AND C. HARDY ON APRIL 29, 2022 AND ORDER OF THE TRIBUNAL
1This was a settlement hearing in the matter of an appeal by the Appellant of the failure of the Town to approve a site plan application regarding the proposed construction of a 243 square meter addition to an existing dwelling at 13260 Jane Street (“Site”) pursuant to s. 41(12) of the Planning Act (“Act”).
2The Site is approximately 19.22 hectares in size and situated north of King Road between Jane Street and Highway 400. The Site is accessible by one point located at the extreme southern limit of the property on Jane Street and contains one large single detached residential dwelling approximately 10,000 square feet in size, operating as a group home since 2010.
3The Site is currently designated agricultural area in the Township of King New Official Plan (“OP”) and zoned rural general under Zoning By-Law No. 74-53 (“ZBL”). The current permitted use of the Site is as a single family dwelling.
4On May 5, 2021, the Appellant submitted their Application for Site Plan Approval (“SPA”). The SPA proposed to permit a 243 square meter addition to the existing dwelling on the Site, adding 25 units to the existing 20 units within the dwelling, operating as a group home. The Town issued a planning report on June 16, 2021 whereby the Appellant was notified of deficiencies in the application, referenced in a letter from the Town dated December 18, 2020 which listed further documents needed for the application, including an official plan amendment and zoning by-law amendment.
5Following comments from the Town, as a result of a failure to make a decision within 30 days of submission of SPA, the Appelant filed an appeal on July 14, 2021.
6The parties entered into private settlement talks in April 2022 and prior to commencement of this hearing, the Town provided direction to support the approval of the SPA consisting of the Schedule “A1” (Partial) Site Plan and the Schedule “A2” (Partial) Site Grading & Servicing Plan (“Revised SPA”), subject to a series of conditions attached as Schedule “B” (“Conditions”) (together referred to as the “Revised SPA”).
THE SETTLEMENT HEARING
7The Tribunal received and marked the following documents as Exihibts to the hearing:
Exhibit 1 – A1 (Partial) Site Plan;
Exhibit 2 – A2 (Partial) Site Grading & Servicing Plan;
Exhibit 3 – Elevation Drawings;
Exhibit 4 – Conditions of Approval;
Exhibit 4 – Claudio Balbinot CV;
Exhibit 5 – Claudio Balbinot Acknowledgment of Expert’s Duty; and
Exhibit 6 – 13260 Jane Street Planning Justification Letter.
8Planning evidence and opinion to support the Revised SPA was provided by Claudio Balbinot. Mr. Balbinot is an Ontario Registered Professional Planner and was qualified without objection by the Tribunal to provide expert land use planning evidence
9Mr. Balbinot provided detailed contextual and land use planning evidence and rationale to support the proposed settlement. He reviewed the Revised SPA, which in his professional opinion, constitutes good planning and conforms to all applicable planning policies. Mr. Balbinot’s evidence is as follows.
GROUP HOME
10The group home currently operating on the Site is permissible due to a 1989 amendment to the Act whereby municipalities no longer carry the authority to define “family” in the context of a single-family home. As such a group home use is permissible provided that the level of care required by residents is not at such a level that would require characterization as a hospital, clinic or other institutional use.
11Further the Appellant notified the City by letter on April 9, 2010 of the existence of the group home and its approval was adopted by the City’s council on June 14, 2010.
PLANNING RATIONALE
12The Revised SPA has regard for matters of provincial interest as set out in s. 2(h.1) of the Act, which requires Council to have regard for the accessibility for persons with disabilities to all facilities, services and matters to which the Act applies.
13The Revised SPA further conforms to Provincial Policy Statement (2020) (“PPS”) s. 1.1.1(f) which requires that healthy, liveable and safe communities be sustained by improving accessibility for persons with disabilities and older persons by addressing land use barriers which restrict their full participation in society. In addition s. 1.4.3 of the PPS recommends an appropriate range and mix of housing options and densities in order to meet projected market-based and affordable housing needs of current and future residents of the regional market. This recommendation includes housing for those with special needs requirements, which the proposed addition to the Site would accomplish.
14Mr. Balbinot was able to demonstrate through the use of elevation drawings that the Revised SPA design is in compliance with s. 41(12) of the Act.
FINDINGS AND DISPOSITION
15The Tribunal accepts the uncontradicted planning evidence and opinions of Claudio Balbinot regarding the disposition of the appeal of the Appellant.
ORDER
16THE TRIBUNAL ORDERS that the Appellant’s appeal pursuant to s. 41(12) is allowed in part and the site plans attached as Schedules “1” and “2” prepared by Soscia Professional Engineers Inc. dated March, 2022 are approved in principle, subject to the conditions set out in Schedule “3” to this Order.
17The final Order will be withheld pending confirmation from the Town on or before June 30, 2022 that the conditions have been satisfied.
18The Tribunal Panel Members can be contacted in the event difficulties arise over the satisfying of the Conditions.
“S. Mann”
S MANN
MEMBER
“C. Hardy”
C. HARDY
MEMBER
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.