Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: December 11, 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, 2021, S.O. 2021, c. 4, Sched. 6

Motion By: Leading Edge Property Developments Inc.

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

Heard: November 29, 2023 in writing

APPEARANCES:

Parties	Counsel/Representative
Leading Edge Property Developments Inc.	David S. White
Township of King	Tom Halinski Jasmine C.M. Fraser

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

Link to Order

INTRODUCTION

1This motion was brought in writing by Leading Edge Property Development Inc. (“Appellant”) pursuant to Rule 10.3 of the Tribunal’s Rules of Practice and Procedure (“Motion”). The Motion seeks an Order of the Tribunal to resolve the Appellant’s appeal of 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 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 the Appellant’s Counsel that it had reached an agreement with the Township to resolve its site-specific appeal against the Township’s ZBL 2022-053. The Parties requested that this Motion be scheduled to allow the Tribunal to review the settlement and approve same, if warranted.

HEARING

3In support of the settlement agreement reached between the Appellant and the Township, the Tribunal received a Motion Record from the Appellant, dated November 16, 2023, which included a Notice of Motion and an Affidavit by Dan Stone, Land Use Planner, sworn on November 16, 2023, with accompanying exhibits. 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.

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 in response to this Motion. This Motion is unopposed.

5The Appellant is the owner of lands known municipally as 4995 Lloydtown-Aurora Road in the Township (“Subject Property”). The Subject Property is 57.48 hectares (142 acres) and fronts onto Lloydtown-Aurora Road, which is a Region of York arterial road with a planned width of up to 36 metres. The westerly portion of the Subject Property fronts onto 8th Concession Road. There are several water courses running through the Subject Property.

6In ZBL 2022-053, the Subject Property is zoned Rural Employment Greenbelt (RMG) Zone, Greenbelt Natural Heritage (GNH) Zone, and Agricultural (A) Zone. The Appellant appealed ZBL 2022-053 on a site-specific basis with respect to the Subject Property, stating that the ZBL 2022-053 provisions are too restrictive as they pertain to the established industrial and commercial properties in the rural areas. The Appellant appealed ZBL 2022-053 in order to retain the permissions previously authorized under the (M2) zone for the portion of the Subject Property zoned Rural Employment Greenbelt (RMG) by ZBL 2022-053.

7The Township and the Appellant have come to an agreement to resolve the site-specific appeal. The agreement provides for a modification to ZBL 2022-053 to add an exception provision, Exception No. 99, for a portion of the Subject Property (“Proposed Modification”).

8In his sworn Affidavit, Mr. Stone explained in detail, citing numerous policies, how the Proposed Modification:

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. Does not conflict with the A Place to Grow: Growth Plan for the Greater Golden Horseshoe (as amended 2020) (“Growth Plan”). As Mr. Stone opined, the Subject Property is not within a settlement boundary, and as such, there are no Growth Plan policies that directly relate to the Proposed Modification;

d. Conforms with the Greenbelt Plan (2017);

e. Conforms with the York Region Official Plan (2010); and

f. Conforms with the Township of King Official Plan (2019).

9Mr. Stone concluded that the Proposed Modification is in the public’s interest and represents good land use planning. He recommended that the Proposed Modification, a copy of which was provided to the Tribunal, be approved.

TRIBUNAL’S FINDINGS

10The Tribunal is satisfied by the evidence provided by Mr. Stone, through his uncontroverted testimony provided by way of Affidavit. The Tribunal finds that the Proposed Modification to ZBL 2022-053 aligns with good land use planning, satisfies all legislative tests pertaining to this matter and warrants approval.

ORDER

11THE Tribunal Orders as follows:

a. In accordance with subsection 34(26) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, the appeal by Leading Edge Property Development Inc. (“Appellant”) of the Township of King Rural Countryside Zoning By-law No. 2022-053 (“ZBL 2022-053”) is allowed, in part;

b. The Township’s ZBL 2022-053 is hereby modified in the form attached to this Order as Schedule 2 and ZBL 2022-053 shall be amended in accordance with Schedule 2 immediately upon the issuance of this Decision and Order;

c. The Appellant’s appeal is 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 Schedule 2 for record-keeping purposes; and

e. This Order and the approval of portions of ZBL 2022-053, as attached hereto as Schedule 2, is 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, 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 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 municipal Official Plans and/or constitutes good planning.

12The Member may be contacted through the Case Coordinator should procedural issues arise with the implementation of this Order.

“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

SCHEDULE 2