Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
September 13, 2022
CASE NO.: OLT-22-004365
(Formerly PL101016)
The Ontario Municipal Board (the “OMB” is continued under the name Ontario Land Tribunal (the “Tribunal”) and any reference to the Ontario Municipal Board or Board in any publication of the Tribunal is deemed to be a reference to the Tribunal.
PROCEEDING COMMENCED UNDER subsection 22(7), subsection 34(11), and subsection 51(34) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellants:
See Attachment 1
Subject:
Proposed Plan of Subdivision - Failure of City of Pickering to announce a decision on the applications
Purpose:
To permit proposed residential plans of subdivision in regards to the Seaton Community
Property Description:
See Attachment 1
Municipality:
City of Pickering
OLT Lead Case No.:
Legacy Case No.:
OLT-22-004365
PL101016
OLT Case Name:
1133373 Ontario Limited v. Pickering (City)
PROCEEDING COMMENCED UNDER subsection 22(7), subsection 34(11), and subsection 51(34) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellants:
See Attachment 1
Subject:
Proposed Plan of Subdivision - Failure of City of Pickering to announce a decision on the applications
Purpose:
To permit proposed residential plans of subdivision in regards to the Seaton Community
Property Description:
See Attachment 1
Municipality:
City of Pickering
OLT Lead Case No.:
Legacy Lead Case No.
OLT Case No.:
Legacy Case No.:
OLT-22-004365
PL101016
OLT-22-004323
PL101017
BEFORE:
M. A. Sills
Tuesday, the 13th
VICE-CHAIR
day of September, 2022
THIS MATTER having come on for a public hearing and the Board in its Decision (“Decision”) issued on December 17, 2013 granted approval to the draft plan of subdivision SP-2008-11, and pursuant to subsection 51(56.1) of the Act, the Ontario Municipal Board remained the approval authority;
THE TRIBUNAL having received a request regarding individual case PL101017 to approve a revision to draft plan of subdivision SP-2008-11 and new draft plan conditions (the “Revision”) to update the original draft plan conditions to reflect the changes approved through the Revision;
AND THE TRIBUNAL having been advised that this request to approve the Revision and new draft plan conditions is made on consent from all Appellants and Parties to this matter;
THE TRIBUNAL ORDERS that the revision is approved, as set out in Attachment “2” Draft Plan of Subdivision SP 2008-11(R) version MLDP-11.
THE TRIBUNAL ORDERS that the new draft plan conditions are approved, as set out in Attachment “3” to this Order, with all other provisions remaining unchanged.
“Euken Lui”
Euken Lui
ACTING REGISTRAR
If there is an attachment referred to in this document,
please visit www.elto.gov.on.ca to view the attachment in PDF format.
Ontario Land Tribunal
A constituent tribunal of Environment and Land Tribunals Ontario
Website: www.elto.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
Attachment “1”
CASE NO.
FILE NO.
APPELLANT
NEIGHBOURHOOD & LEGAL DESCRIPTION
PL101016*
PL101036** PL101037***
1133373 Ontario Limited
Neighbourhood 6, Seaton Community, City of Pickering, Being Part Lots 23-25, Concession 4
PL101017*
PL101034** PL101035***
1133373 Ontario Limited
Neighbourhood 10, Seaton Community, City of Pickering, Being Part Lots 22-25, Concession 4
PL101018*
PL101056**
PL101057***
Lebovic Enterprise Limited
Neighbourhood 11, Seaton Community, City of Pickering, Being Part Lots 23-26, Concession 3, et al.
PL101032**
PL101033***
1133373 Ontario Limited
PL101024** PL101025*** PL101026** PL101027***
Hunley Homes Limited, 1350557 Ontario Limited, Affiliated Realty Corporation, Chestermere Investments Limited, Zavala Developments Incorporated
PL101019*
PL101038** PL101039***
Zavala Developments Incorporated, Hunley Homes Limited, 1350557 Ontario Limited, Affiliated Realty Corporation, Chestermere Investments Limited
Neighbourhood 3, Seaton Community, City of Pickering, Being Part Lots 25-28, Concession 5
PL101020*
PL101040** PL101041***
Zavala Developments Incorporated, Hunley Homes Limited, 1350557 Ontario Limited, Affiliated Realty Corporation, Chestermere Investments Limited
Neighbourhood 4, Seaton Community, City of Pickering, Being Part Lots 25-28, Concession 4
PL101021*
PL101044** PL101045*** PL101042** PL101043*** PL101054** PL101055***
Zavala Developments Incorporated, Hunley Homes Limited, 1350557 Ontario Limited, Affiliated Realty Corporation, Chestermere Investments Limited, White Sun Developments Limited
Neighbourhood 5, Seaton Community, City of Pickering, Being Part Lot 24, Concession 5, et al.
PL101022*
PL101028** PL101029*** PL101030** PL101031***
Zavala Developments Incorporated, Hunley Homes Limited, 1350557 Ontario Limited, Affiliated Realty Corporation, Chestermere Investments Limited
Neighbourhood 9, Seaton Community, City of Pickering, Being Part Lots 20, 27, Concession 4, et al.
PL101023*
PL101046** PL101047*** PL101048** PL101049*** PL101050** PL101051*** PL101052** PL101053***
White Sun Developments Limited
Neighbourhoods 1 & 2, Seaton Community, City of Pickering, Being Part Lot 30, Concession 5, et al.
PL101343*
PL101353*** PL101354**
Mattamy Homes Limited
Neighbourhood 7, Seaton Community, City of Pickering, Being Part Lots 21 & 22, Concessions 4 & 5
PL101344*
PL101351*** PL101352**
Mattamy Homes Limited
Neighbourhood 8, Seaton Community, City of Pickering, Being Part Lots 20 & 21, Concessions 4 & 5
PL101345*
PL101349*** PL101350**
Mattamy Homes Limited
Neighbourhood 11, Seaton Community, City of Pickering, Being Part Lots 23-26, Concessions 3 & 4
PL111108*
Ontario Infrastructure and Lands Corporation
Neighbourhood 17, Seaton Community, City of Pickering, Being Part Lots 19, 20 and 21, Concession 3
PL111109*
Ontario Infrastructure and Lands Corporation
Neighbourhood 20, Seaton Community, City of Pickering, Being Part Lots 16, 17, 18, 19, 20 and 21, Concession 4
PL111110*
PL120641***
PL120642**
Ontario Infrastructure and Lands Corporation
Neighbourhood 21, Seaton Community, City of Pickering, Being Part Lots 17, 34, Concession 5
- Proposed Official Plan Amendment ** Proposed Zoning By-law Amendment *** Proposed Draft Plan of Subdivision
Attachment “2”
Attachment “3”
Revised Draft Plan Conditions for Draft Plan of Subdivision SP-2008-11(R), Condition A-1, Section C Number 15 and 73, Section E and Section F, for Draft Plan of Subdivision SP-2008-11 (all other Draft Plan Conditions remain as originally approved):
Section A – General
- The Owner shall prepare the final plan generally on the basis of the draft plan of subdivision prepared by GHD, identified as Project Number 03479 drawing MLDP-11, revised and dated July 2020 which illustrates 415 lots for detached dwelling units, 95 lots for 190 semi detached dwelling units, 80 blocks for 484 townhouse dwelling units, 2 school blocks, a park block, a village green block, trail head blocks, open space block, a stormwater management facility block, walkway blocks, reserve blocks, roadways and road widening blocks.
Section C – City of Pickering
That the Owner convey to the City of Pickering the park block (Block 594) and the village green/trail head blocks (Block 595, 596, 597, 598 and 599) at no cost and in a physical condition acceptable to the City for parkland dedications, to the satisfaction of the Director, City Development, in order to satisfy Section 42(1) of the Planning Act.
That the Owner construct to the satisfaction of the City of Pickering trail heads within or abutting the draft plan and described as north of Lot 454, Block 599, south side of Virgo Crescent at Sideline 22, on the west side of Sideline 22 opposite Lot 454, north of Lot 356 next to Sideline 22, north and south side of Elizabeth Mackenzie Drive extension next to Lots 290 and 291, Block 598, Block 597, west of Lot 1, Block 596, north of the northwest corner of Block 593, north of the northeast corner of Block 593 and north of Lot 242 all to the satisfaction of the City of Pickering.
Section E – Durham District School Board
- That the Owner agrees to reserve Block 592 within the subject draft plan
SP-2008-11(R) for public elementary school purposes, having a minimum area of
2.47 hectares (6.10 acres), for a period of 5 years from the date of registration of the phase of the plan that contains the school site, unless prior to the expiration of such reservation period the Durham District School Board advises the Owner, in writing, that it does not intend to acquire the Block for school purposes.
- Prior to the registration of any phase of Plan SP-2008-11(R) that contains Block 592 the Owner shall enter into an Agreement with the Durham District School Board regarding the acquisition of Block 592 Plan SP-2008-11(R) for an elementary school, substantially in accordance with the form of the Option Agreement pertaining to such school block attached as Schedule “B” to the Minutes of Settlement between the Owner and the School Board, dated November 27, 2013.
Section F – Durham Catholic District School Board
That the Owner agrees to reserve Block 593 within the subject draft plan SP-2008-11 for Catholic Secondary School purposes, having a minimum area of 6.95 hectares (17.17 acres), for a period of 7 years from the date of registration of the phase of the plan that contains the school site, unless prior to the expiration of such reservation period the Durham Catholic District School Board advises the Owner, in writing, that it does not intend to acquire the Block for school purposes.
Prior to the registration of any phase of Plan SP-2008-11(R) that contains Block 593, the Owner shall enter into an Agreement with the Durham Catholic District School Board regarding the acquisition of Block 593 Plan SP-2008-11(R) for a secondary school, substantially in accordance with the form of the Option Agreement pertaining to such school block attached as Schedule “B” to the Minutes of Settlement between the Owner and the School Board, dated November 27, 2013.