Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: December 05, 2023

CASE NO(S).: OLT-22-004723

PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant(s): See Schedule 1

Subject: By-law No. 2022-053

Description: Rural Countryside Zoning By-Law

Reference Number: Z-2020-03

Property Address: Town Wide

Municipality/UT: Township of King/Regional Municipality of York

OLT Case No.: OLT-22-004723

OLT Lead Case No.: OLT-22-004723

OLT Case Name: 611428 Ontario Limited. et al. v King (Township)

PROCEEDING COMMENCED UNDER subsection 9(1) of the Ontario Land Tribunal Act, S.O. 2021, c. 4, Sched. 6

Motion By: Deborah & David Solomon Weiss, and Bill & William Bowles Harris

Request for: Settlement of appeals against Zoning By-law No. 2022-053

Heard: November 6, 2023 in writing

APPEARANCES:

Parties	Counsel
Deborah and David Solomon Weiss	Steven Ferri Mandy Ng
Bill and William Bowles Harris	Steven Ferri Mandy Ng
Township of King	Tom Halinski Jasmine C.M. Fraser

DECISION DELIVERED BY BITA M. RAJAEE AND ORDER OF THE TRIBUNAL

Link to Final Order

INTRODUCTION

1This motion was brought in writing by Deborah and David Solomon Weiss (“Appellant 6”) and Bill and William Bowles Harris (“Appellant 17”) in accordance with Rule 10.3 of the Tribunal’s Rules of Practice and Procedure. The motion seeks an Order of the Tribunal to resolve each Appellant’s respective appeal filed by Appellant 6 and Appellant 17 regarding the Township of King’s (“Township”) new Comprehensive Zoning By-law No. 2022-053 (“ZBL 2022-053”), passed on September 26, 2022, by approving certain additions and modifications described below.

2A number of Case Management Conferences (“CMC”) pertaining to this matter have taken place on March 14, 2023, June 9, 2023, and October 5, 2023 (“Third CMC”). At the Third CMC, the Tribunal was advised by Appellant 6 and Appellant 17’s Counsel that each Appellant and the Township had reached an agreement to resolve their site-specific appeals against the Township’s ZBL 2022-053. The three Parties requested that this motion in writing be scheduled to allow the Tribunal to review the settlement and approve same if warranted.

3The Tribunal received a Motion Record, dated October 25, 2023, containing pertinent information with respect to both Appellants (“Motion Record”), including:

a. A Notice of Motion dated October 25, 2023;

b. A Draft Order;

c. An Affidavit by Dan Stone, land use planner, sworn on October 24, 2023, pertaining to Appellant 6’s appeal, with accompanying exhibits (“Affidavit One”); and

d. An Affidavit by Dan Stone, sworn on October 25, 2023, pertaining to Appellant 17’s appeal, with accompanying exhibits (“Affidavit Two”).

4The Township did not file any responding materials. A number of other Parties are involved in OLT File No. OLT-22-004723, as set out in Schedule 1 to this Decision, with respect to the Township’s ZBL 2022-053, but have not filed any materials with respect to this motion. This motion is unopposed.

5In support of the settlement agreement reached between the Appellants and the Township, each Appellant relied on an Affidavit by Dan Stone, identified at paragraph [3] to this Decision. The Curriculum Vitae and Acknowledgement of Expert Duty form for Mr. Stone were included with the Motion Record, and confirm his expertise in the area of land use planning. Mr. Stone is relied upon by the Tribunal and, without objection, his opinions are qualified as expert opinion evidence in the field of Land Use Planning.

MOTION WITH RESPECT TO APPELLANT 6

6As Mr. Stone explained in Affidavit One, Appellant 6 is the owner of approximately 100 acres (40.5 hectares) of lands generally located north of Davis Drive West and west of Dufferin Street, municipally known as 17900 Dufferin Street in the Township of King (“Weiss Lands”). The Weiss Lands is being used for the following:

a. Farm hay and other crops;

b. Office space/farmhouse for a charitable organization (Horses at Heart);

c. A clubhouse for event venue use;

d. An equestrian operation, including an 8-stall horse barn and an indoor riding area with an additional 6 horse stalls; and

e. A heritage barn for wedding ceremonies.

7According to Mr. Stone, under Zoning By-law (“ZBL”) 74-53, the Township’s former ZBL, the Weiss Lands were zoned Rural General (RU1), which permitted agricultural uses. ZBL 2022-053 repeals and replaces ZBL 74-53, as amended for the Weiss Lands. Under ZBL 2022-053, the Weiss Lands is zoned Oak Ridges Moraine Countryside (“ORC”) and Oak Ridges Moraine Core and Linkage (“ORL”).

8On October 26, 2022, Appellant 6 filed an appeal against the passing of ZBL 2022-053, appealing the entirety of ZBL 2022-053 (“Weiss Appeal”). The Weiss Appeal was subsequently scoped to the lands bounded by King Street, Strawberry Lane and Edward Avenue to the north, Dufferin Street to the east, Jane Street to the west, and Highway 9 to the south, pursuant to Ontario Land Tribunal Decision and Order issued on August 1, 2023 (also under OLT-22-004723).

9Appellant 6 and the Township have settled the Weiss Appeal by agreeing that a site-specific zoning is to be added to ZBL 2022-053, which will be applied to the Weiss Lands, and named as Exception No. 81 to Schedule A10 to ZBL 2022-053 (“Weiss Proposed Site-Specific Zoning”).

10The Weiss Proposed Site-Specific Zoning provides clarity to an existing use permission on the Weiss Lands, as well as a range of appropriate permitted on-farm diversified uses appropriate for the Weiss Lands. The Weiss Proposed Site-Specific Zoning provides the following:

a. Adding on-farm diversified uses beyond the specified on-farm diversified uses as set out in Table 8-2 of ZBL 2022-053, being place of assembly and agricultural event venue, as permitted on-farm diversified uses;

b. Exempting the Weiss Lands from the area of operation requirements for an on-farm diversified use under Sections 3.29 b) i) to v) of ZBL 2022-053, except that any permitted on-farm diversified use shall comply with Section 3.29 b) as it relates to the maximum area of operation for an on-farm diversified use; and

c. Exempting the agricultural event venue from the temporary use by-law under Section 3.29 d) of ZBL 2022-053.

11As Mr. Stone testified, the Weiss Proposed Site-Specific Zoning will resolve the Weiss Appeal in its entirety. In Affidavit One, he explained in detail, citing numerous policies, how the Weiss Proposed Site-Specific Zoning:

a. Has regard to matters of Provincial Interest pursuant to Section 2 of the Planning Act;

b. Is consistent with the Provincial Policy Statement (2020);

c. Is consisted with the Provincial Guidelines for Permitted Uses in Ontario’s Prime Agricultural Areas;

d. Conforms to the A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020);

e. Conforms to the Oak Ridges Moraine Conservation Plan (2017);

f. Conforms to the Region of York Official Plan (2010);

g. Conforms to the Region of York Official Plan (2022); and

h. Conforms to the Township of King Official Plan (2019).

12Mr. Stone concluded that the Weiss Proposed Site-Specific Zoning provides clarity to an existing use permission and range of permitted uses appropriate for the Weiss Lands, which is in the public’s interest and represents good land use planning. He recommended that the Weiss Proposed Site-Specific Zoning, a copy of which was provided to the Tribunal, be approved.

MOTION WITH RESPECT TO APPELLANT 17

13As Mr. Stone explained in Affidavit Two, Appellant 17 is the owner of approximately 78 hectares of lands generally located south of King Road and on both sides of Mill Road, municipally known as 12745 Mill Road and 12740 Mill Road (“Harris Lands”). The Harris Lands have been used and maintained as an agricultural operation and farm for decades.

14Under ZBL 74-53, the Harris Lands were zoned Open Space and Conservation (OS), which permitted general agricultural uses. ZBL 2022-053 repeals and replaces ZBL 74-53, as amended for the Harris Lands. Under ZBL 2022-053, the Harris Lands are zoned Opened Space (OS).

15On October 26, 2022, Appellant 17 filed an appeal against the passing of ZBL 2022-053 (“Harris Appeal”), on the basis that ZBL 2022-053 rezoned the Harris Lands to Open Space (OS), which restricts the range of agricultural uses permitted and established on the Harris Lands.

16Appellant 17 and the Township have settled the Harris Appeal by changing the zoning of the Harris Lands from Open Space (OS) to Greenbelt Natural Heritage (GNH) in ZBL 2022-053, which includes changing the Township’s Schedule A21 of ZBL 2022-053 to reflect same (“Harris Proposed Zoning”).

17As Mr. Stone testified, the Harris Proposed Zoning will resolve the Harris Appeal in its entirety. In Affidavit Two, he explained in detail, citing numerous policies, how the Harris Proposed Zoning:

a. Has regard to matters of Provincial Interest pursuant to Section 2 of the Planning Act;

b. Is consistent with the Provincial Policy Statement (2020);

c. Is consisted with the Provincial Guidelines for Permitted Uses in Ontario’s Prime Agricultural Areas;

d. Conforms to the A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020);

e. Conforms to the Greenbelt Plan (2017);

f. Conforms to the Region of York Official Plan (2010);

g. Conforms to the Region of York Official Plan (2022); and

h. Conforms to the Township of King Official Plan (2019).

18Mr. Stone concluded that the Harris Proposed Zoning is appropriate for the Harris Lands, is in the public’s interest, and represents good land use planning. He recommended that the Harris Proposed Zoning, a copy of which was provided to the Tribunal, be approved.

FINDINGS WITH RESPECT TO BOTH MOTIONS

19The Tribunal is satisfied by the evidence provided by Mr. Stone with respect to each appeal, through his uncontroverted testimony provided by way of Affidavits One and Two. The Tribunal finds that the Weiss Proposed Site-Specific Zoning and the Harris Proposed Zoning modifications to ZBL 2022-053 align with good land use planning, satisfy all legislative tests pertaining to these matters, and warrant approval.

ORDER

20THE TRIBUNAL ORDERS that, in accordance with subsection 34(26) of the Planning Act, R.S.O. 1990, c. P. 13, as amended:

a. The appeal by Deborah and David Solomon Weiss (“Appellant 6”) of the Township of King’s new Comprehensive Zoning By-law No. 2022-053 (“ZBL 2022-053”) is allowed, in part, as it relates to 17900 Dufferin Street in the Township of King, and ZBL 2022-053 is hereby amended as follows:

i. Exception number 81 is added for the lands located at 17900 Dufferin Street, Township of King, as set out and attached hereto as Schedule “2” to this Decision.

ii. The corresponding zone exception number “81” is added as an overlay on Schedule A10 to ZBL 2022-053 for the lands located at 17900 Dufferin Street, Township of King, as set out and attached hereto as Schedule “2” to this Decision.

b. The appeal by Bill and William Bowles Harris (“Appellant 17”) of ZBL 2022-053 is allowed, in part, as it relates to 12745 Mill Road and 12740 Mill Road in the Township of King, and ZBL 2022-053 is hereby amended as follows:

i. Schedule A21, dated September 2022 is deleted and replaced with Schedule A21, dated October 2023 to rezone 12745 Mill Road and 12740 Mill Road, Township of King from Open Space (OS) to Greenbelt Natural Heritage (GNH), as set out and attached hereto as Schedule “3” to this Decision.

c. The appeals by Appellant 6 and Appellant 17 are dismissed in all other respects.

d. The Tribunal authorizes the municipal clerk to format, as may be necessary, and assign a by-law number to Schedules “2” and “3” for record-keeping purposes.

21THE TRIBUNAL FURTHER ORDERS that this Order and the approval of portions of ZBL 2022-053 as attached hereto as Schedule “2” and Schedule “3” are without prejudice to the disposition of any other appeal of ZBL 2022-053 and any unapproved portions of ZBL 2022-053, such that if those appeals proceed to a subsequent hearing or motion, either on their own or as may be consolidated with other proceedings, the Township will not take the position that the Tribunal ought not to approve amendments to ZBL 2022-053 on the basis that such amendments deviate from or are inconsistent with the amendments attached hereto as Schedule “2” and Schedule “3” as brought into force by this Order. However, this does not affect the Township’s right to assert that ZBL 2022-053, as amended by Schedule “2” and Schedule “3” hereto, to the extent brought into force by this Order, should be applied to specific sites or areas without amendments on the basis that doing so is consistent with the Planning Act and provincial policies, conforms to provincial and official plans and/or constitutes good planning.

“Bita M. Rajaee”

bita M. rajaee

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.

SCHEDULE 1

	Appellant	Counsel/Representative:*
1.	Vito Pacifico	Milovan Prelevic
2.	Robert Scheinberg B & D Love Inc.	Steven Ferri Mandy Ng
3.	2731961 Ontario Inc.	Michael Cara Daniel Artenosi
4.	1186675 Ontario Ltd.	Steven Ferri Mandy Ng
5.	Heste Corporation	Steven Ferri Mandy Ng
6.	Deborah and David Solomon Weis	Steven Ferri Mandy Ng
7.	Len Payne, Rideau Leasing Corp.	David White
8.	Zao Wang, 84 Charing Cross International Inc.	Amber Stewart Barry Horosko
9.	Lloydtown Farms Ltd.	Steven Ferri Mandy Ng
10.	611428 Ontario Limited	Steven Ferri Mandy Ng
11.	Leading Edge Property Developments Inc.	David White
12.	Intentionally left blank
13.	Shawn Peebles, Northern Wide Plank Flooring Inc.	David White
14.	Tony Nicoletti	Self-represented*
15.	2593033 Ontario Limited (c/o Weston Garden Centre)	Alex Lusty
16.	Penwest Holdings Limited	Michael Cara Daniel Artenosi
17.	Bill and William Bowles Harris	Steven Ferri Mandy Ng