Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: July 26, 2022

CASE NO(S).: OLT-22-002262 (Formerly PL171438)

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

Applicant/Appellant: 2472498 Ontario Inc.

Subject: Request to amend the Official Plan – Failure to adopt the requested amendment

Description: To permit the development of 48 stacked townhomes

Reference Number: OP-2016-05

Property Address: 12765, 12781, and 12789 Keele Street

Municipality/UT: King/York

OLT Case No: OLT-22-002262

Legacy Case No: PL171438

OLT Lead Case No: OLT-22-002262

Legacy Lead Case No: PL171438

OLT 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.

Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision

Description: To permit the development of 48 stacked townhomes

Reference Number: Z-2016-18

Property Address: 12765, 12781, and 12789 Keele Street

Municipality/UT: King/York

OLT Case No: OLT-22-003780

Legacy Case No: PL171439

OLT Lead Case No: OLT-22-002262

Legacy Lead Case No: PL171438

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

Subject: Site Plan

Description: To permit the development of 48 stacked townhomes

Reference Number: SPD-16-87

Property Address: 12765, 12781, and 12789 Keele Street

Municipality/UT: King/York

OLT Case No: OLT-22-003779

Legacy Case No: PL171318

OLT Lead Case No: OLT-22-002262

Legacy Lead Case No: PL171438

APPEARANCES:

Parties	Counsel
2472498 Ontario Limited	Isaac Tang and Katie Butler
Township of King	Tom Halinski and Jasmine Fraser
Regional Municipality of York	Mercedes Mueller

DECISION DELIVERED BY SHARYN VINCENT AND ORDER OF THE TRIBUNAL

INTRODUCTION

12472498 Ontario Limited (“247”) appealed against the failure of Council to make decisions with respect to applications to amend the Official Plan and Zoning By-law for the Township of King, together with an application to grant site plan approval in order to permit the redevelopment of lands known municipally as 12765, 12781, and 12789 Keele Street and 17 Elizabeth Grove for 48 stacked townhouses on the Keele Street parcels (“subject lands”).

2Through an iterative, consultative process, and in response to comments arising through the circulation and consultation with the public, the proposal was revised a total of 6 times, ultimately incorporating 17 Elizabeth Grove to accommodate a 5 storey, 129 unit condominium apartment building with its vehicular access restricted to the easterly façade and accessed via either Elizabeth Grove on the north, or Clearview Crescent on the south.

3Prior to the commencement of the hearing, the Tribunal was advised that the municipality and 247 had reached settlement on the proposal, which would be presented on consent for the consideration of the Tribunal. The Parties have entered into Minutes of Settlement and have provided the Tribunal with a draft Zoning By-law Amendment in support of the proposal. Given the recent approvals of the Transit Area Designation on the GoTransit site located approximately 200 metres to the south of the subject lands, it was determined that an amendment to the Official Plan to permit the density, was no longer required.

4The Tribunal heard from one witness, Murray Evans, who was qualified to give opinion evidence in matters of land use planning.

5To establish the context and evolving neighbourhood character, Mr. Evans provided the following overview of the surrounding area:

Within the immediate area of the subject land surrounding land uses include predominantly single family residences to the east and a pedestrian access to the King City Memorial Park, located 125 meters from the subject land. The park. which is approximately 6.2 hectares in size, contains an arena and community centre, a splash pad, tennis courts, ball diamonds, soccer pitch, play areas, and a skate park. Immediately to the north of the site is a York Region paramedic station and beside that is the King City United Church. A mixture of uses exist on the east side of Keel St., including low density residential homes, converted businesses and the All Saints Anglican church. On the West side of Keel St. is a similar mixture of uses, including several vacant and underutilized industrial buildings located toward the GO station lands to the south. Some of those properties have been the subject of redevelopment applications.

Properties located opposite to the subject land at 12796 and 12800, Keele St received zoning approval to permit 60 stacked townhouses in 2018. Subsequent to this approval. It appears that the developer acquired additional lands to the south, and now the properties located at 12,764. 12,7, 12,007, nine six and 12,800 Keele St are the subject of applications to amend the townships official planning, zoning bylaw to facilitate the redevelopment of these lands with a 6 Storey residential building containing proximately 247 units. The lands, located at 12700 Keele St, were the subject of a statutory pre-submission meeting in order to consider its redevelopment with a 6 storey mixed use building containing 48 apartment units. Single family residential uses are the primary use of the lands to the south of the subject lands.

The King City GO station is located approximately 200 meters southwest of the subject land. The station is a stop on the Barrie Line, which offers hourly service from Barrie to downtown Toronto. The facility presently has a capacity of 555 parking spaces. There are plans for the expansion of the GO station, including more parking spaces, a second track and platform, pedestrian bridge, and a new passenger pick up and drop off area and improved bicycle facilities. Metrolinx has plans to provide electrification of the Barrie GO expansion line to allow for faster trains to offer all day two-way trips with an aim of providing 15 minute service at peak hours. GO transit bus service operates on Keel St., offering service to downtown Toronto on Route 65 and York Region Transit also provides service on Keele St from Newmarket to Pioneer Village subway line brute 96.

6Evaluated against the evolving context and the revised planned function of the area in proximity to the site, it was the unchallenged opinion of Mr. Evans that the proposal aligned with provincial policy and is specifically consistent with the Provincial Policy Statement (“PPS”), conforms to the Growth Plan strategies, and the Official Plan policies which have as required, been brought into force and effect to implement the provincial initiatives to optimize infrastructure particularly on underutilized parcels of land within walking distance of higher order transit.

7The massing has been driven to both create a well articulated visual entrance to the village core while respecting a 45 degree angular plane taken from the easterly property line in order to provide an appropriate transition to the abutting, generally large lot detached dwellings in the established neighbourhood to the east.

8The proposed parking complement exceeds the number required and the proposed form and tenure of the development furthers the range and mix of housing options in the community.

9It was the uncontroverted evidence of the witness that the development proffered on settlement, represents good planning and is in the public interest. The overall optimization of the site is in accord with provincial policy at this location which is well situated to support additional housing in a form and of a type to complement the options available in the community while promoting active transportation.

10The Tribunal accepts the evidence and will grant the appeal of the Zoning By-law Amendment, in part.

11The draft Zoning By-law Amendment implements the Official Plan vision for the mixed use zone and incorporates setbacks, buffers and building stepbacks which specifically address the relationship the development enjoys with the two adjacent residences in particular and which will be secured through site plan approval, and the draft conditions of approval being Exhibit 6. The Tribunal accepts the evidence of Mr. Evans that the Site Plan appeal may be granted in principle based on the Architectural Drawings attached hereto and forming part of this decision (Attachment 2). Final approval however will require approximately 6 months from the time of this decision as the settlement plans will be subject of recirculation with the related revisiting of the draft conditions of approval, as necessary.

12The parties have agreed to work towards resolving these details. The Tribunal will however remain seized of the appeal until advised that all has been satisfactorily concluded.

13The zoning permissions are subject to two Holding provisions which require the prior satisfaction of conditions concerning servicing allocation and the completion of a Record of Site Condition to ensure the site has been appropriately remediated. The Tribunal was in receipt of the final form of instrument at the hearing, and will therefore grant the zoning appeal in part, and through the order forming part of this decision, direct the Clerk of the Township of King to assign the appropriate number to the amending By-law appended hereto as Attachment 1

ORDER

14THE TRIBUNAL ORDERS that the appeal to amend Zoning By-law No. 2017-66, as amended, is granted, in part, and the By-law is further amended in accordance with Attachment 1 hereto, forming part of this Order;

15AND FURTHER, THE TRIBUNAL ORDERS that site plan approval is granted in principle, generally in accordance with the plans constituting Attachment 2 to this Order. The Tribunal shall withhold the final Order with respect to the site plan approval until in receipt of the final conditions of approval, or in the alternative, until such time as advised that the requisite agreement has been executed. Should neither have transpired by years end, the Parties will appear back before the Tribunal to advise as to why.

16The Tribunal may be spoken to should either Party require assistance in the execution of this Order.

“Sharyn Vincent”

SHARYN VINCENT

VICE-CHAIR

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.

ATTACHMENT “1”

Zoning By-Law Amendment

ATTACHMENT “2”

Architectural Drawings