Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
May 16, 2023
CASE NO(S).:
OLT-22-002300
(Formerly PL200556)
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
1186675 Ontario Ltd.
Appellant:
Daniel Aquino
Appellant:
Bushland Heights Limited
Appellant:
Jessica Ferri; and others
Subject:
Township of King (Our King) Official Plan, 2019
Municipality:
Township of King
OLT Case No.:
OLT-22-002300
Legacy Case No.:
PL200556
OLT Lead Case No.:
OLT-22-002300
Legacy Lead Case No.:
PL200556
OLT Case Name:
Aquino v. King (Township)
Heard:
May 1, 2023 by Video Hearing
APPEARANCES:
Parties
Counsel
Regional Municipality of York ("Region")
P. Patterson (absent) L. English
Township of King ("Township")
T. Halinski J. Fraser
Flato Development Inc. and Wyview Group ("Flato/Wyview")
K. Sliwa D. Betlej
Yellow Horizon Homes Ltd. ("Yellow Horizon")
N. Ast
MEMORANDUM OF ORAL DECISION DELIVERED BY G.C.P. BISHOP AND W. DANIEL BEST on MAY 1, 2023 and order of the tribunal
INTRODUCTION
1This Case Management Conference ("CMC") was convened to further address the few remaining appeals to the Region’s approval of the Township’s Official Plan, known as the Township of King (Our King) Official Plan 2019 ("King OP").
2This Decision confirms the Tribunal’s oral Order on Yellow Horizon’s appeal leaving one remaining Appellant to the King OP, being Flato/Wyview. The coordinates for the 10-day hearing, together with the Procedural Order, governing this remaining appeal, can be found in the previous Decision and Order of the Tribunal, dated October 4, 2022.
Yellow Horizon Settlement
3The settlement between the Region, Township and Yellow Horizon is supported through the viva voce and written evidence of Felix Chau, a Planner employed by the Township. Mr. Chau graduated from the University of Waterloo with a Bachelor of Environmental Studies, Honours Planning and since graduating, has worked for both this Township and the City of Pickering, in their respective Planning Departments. The Tribunal reviewed Mr. Chau’s experience and credentials and has qualified him to provide opinion evidence in land use planning. Mr. Chau’s Affidavit is marked as Exhibit 1, in this proceeding.
4Mr. Chau relies and builds upon the previous written opinion evidence of Ms. Kristen Harrison, sworn on April 19, 2022, in support of the settlement of the Phase 1 portion of these Appeals.
Background
5Yellow Horizon is the owner of lands known municipally as 204 Dew Street ("subject property") which is located on the north side of Dew Street, east of Keele Street and north of King Road, within the Village of King City, having an approximate area of 0.3479 hectares (0.86 acres).
6In 2018 Yellow Horizon applied for both an Official Plan Amendment and a Zoning By-law Amendment (the "applications"). At the time, the in force Official Plan was the King City Community Plan ("Community OP"). The Official Plan Amendment application proposes to amend the Community OP and redesignate the subject property from the existing "Low Density Residential Area" to "Medium Density Residential Area".
7The original applications were in support of five single detached residential units but the applications were amended to support four semi-detached buildings for a total of eight residential units, serviced by a private condominium road.
8On November 7, 2022, Township Council passed By-law Number 2022-086, being Official Plan Amendment 102 ("OPA 102") under section 17 of the Planning Act, and By-law Number 2022-087, being the requested Zoning By-law Amendment under section 34 of the Planning Act with respect to Yellow Horizon’s Lands. No appeals were received of the passing of either planning instrument within the statutory timeframe.
9OPA 102 amends the Community OP from Low Density Residential Area to Medium Density Residential Area to facilitate the proposed development of the eight condominium units, in four semi-detached buildings.
10On September 23, 2019, the Township adopted the King OP and forwarded it to the Region. The Region approved the King OP on October 8, 2020, with modifications and three deferrals. Yellow Horizon, and others, appealed the Region’s approval of the King OP.
The Proposed Settlement
11The proposed settlement incorporates OPA 102, to the Community OP, into the King OP, through specific policy modifications by introducing the Village Site Specific Policy Area 10 ("V-SSPA-10") and corresponding modifications to Schedule D1 (King City) to the King OP. This proposal amends the subject property from an Established Neighbourhood to Neighbourhood but on a site-specific basis to accommodate the proposed development of the subject property.
Planning Evidence
12It is Mr. Chau’s opinion that the proposed development on the subject property is consistent with the Provincial Policy Statement, 2020. Mr. Chau referred the Tribunal to Policy 1.1.3.1 and 1.1.3.3 directing development to settlement areas, to accommodate residential intensification in an area of existing infrastructure. The subject property are located generally within both an existing Medium and Low-Density Residential Area.
13Mr. Chau opined that the proposed development conforms to the Growth Plan for the Greater Golden Horseshoe, 2020 and reviewed Policies 2.2.1(4) and 2.2.2(3) which speaks to a mix of land uses: a diverse range of housing options; directing intensification to delineated built-up areas; and identifying the appropriate type a scale of development. The proposed site-specific policy will permit a maximum density of 23.1 units per gross hectare to facilitate the four semi-detached buildings for a total of eight new residential units.
14The subject property is located within a Settlement Area in accordance with the Oak Ridges Moraine Conservation Plan ("ORMCP"). Development is permitted within Settlement Areas in accordance with the local Official Plan. Parts of Section 18 direct development to Settlement Areas to provide residents with convenient access to local services, transportation and public services, while minimizing encroachment and impact on the ecological functions and hydrological features of the ORMCP area. All uses permitted, including the creation of new lots, are subject to the in force Official Plan, subject to relevant provisions in subsections 19(3) and 31(4) of the ORMCP. Mr. Chau opines that the proposed development on the subject property conforms to the relevant sections of the ORMCP.
15The Regional Municipality of York Official Plan ("ROP") illustrates the subject property to be located within the Towns and Villages designation. Policies in the ROP refer to the building of complete and vibrant communities but directs the requirements for new development to policies in the local Official Plans. It is Mr. Chau’s opinion that the proposed development conforms to the ROP.
16Mr. Chau considers the proposed development as a hybrid form of development that incorporates both the Neighbourhood and Medium Density Residential designations of the King OP and thus the recommendation and approval of a site-specific policy approach. The Medium Density Residential designation, contained within the King OP, addresses other forms of housing that include townhouses, stacked townhouses and apartments, regulating intensity through maximum number of storeys and Floor Space Index instead of density.
17Directly east of the subject property is an approved and developed Plan of Subdivision, designated Medium Density with a mix of single detached and semi-detached units with a gross density of roughly 18 units per hectare.
18Mr. Chau opined that the form and density of development proposed for the subject property is appropriate given the King OP policy considerations and the surrounding area context.
19On the uncontested evidence of Mr. Chau, the Tribunal finds that the proposed modifications to the King OP satisfy all legislative requirements under the Planning Act; have regard for provincial interests; are consistent with the Provincial Policy Statement, 2020; conform with A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020, and the Oak Ridges Moraine Conservation Plan; conform with the Region Official Plan; the adopted OPA 102 otherwise conforms to the King OP; constitutes good planning and is in the public interest.
ORDER
20The Tribunal Orders, in accordance with s. 17(50) of the Planning Act, that:
a. The appeal by Yellow Horizon Homes Ltd. ("Yellow Horizon") to the Township of King Official Plan ("King OP") is allowed in part;
b. The King OP is modified, and approved as modified, in the form appended as Attachment 1;
c. In all other respects, the appeal of Yellow Horizon is dismissed; and
d. The municipal clerk may reformat and renumber the contents of Attachment 1 as necessary for record-keeping purposes.
21This Order and the resultant approval of portions of the King OP are without prejudice to the disposition of the appeals by Flato Developments Inc., and Wyview Group, of the King OP ("Phase Two Appeals"), and any unapproved portions of the King OP, including but not limited to positions taken by the Parties to the Phase Two Appeals, such that if the Phase Two Appeals proceed to a subsequent hearing or motion, either on their own or as may be consolidated with other site-specific appeals, no Party shall be permitted to take the position that the Tribunal ought not to approve site-specific or area-specific modifications to the affected policies, schedules, maps, figures, definitions, tables and associated text of the King OP on the mere basis that they deviate from or are inconsistent with such policies, schedules, maps, figures, definitions, tables and associated text on a Township-wide basis (or as approved in respect of other lands which are subject to the same policies, schedules, maps, figures, definitions, tables and associated text). However, this does not affect the Township’s right to assert that the approved policies, schedules, maps, figures, definitions, tables, and associated text should be applied to the specific sites or areas without modification on the basis that doing so is consistent with the Planning Act, provincial policies, conform to provincial plans and/or constitutes good planning.
22The Tribunal retains jurisdiction to consider and approve modifications to any policies, schedules, maps, figures, definitions, tables and associated text approved herein, as may be appropriate to dispose of the Phase Two Appeals.
23This Panel is not seized but may be available through the Case Coordinator for case management purposes.
"G.C.P. Bishop"
G.C.P. BISHOP
ALTERNATE-CHAIR
"W. Daniel Best"
W. DANIEL Best
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.
ATTACHMENT 1
Proposed Modifications to Section 5.17 – Village Site-Specific Policy Areas and Schedule D1 – Village of King City Land Use Designations
Township of King, Our King Official Plan, 2019
Note: Bold text denotes added text and/ or format change Section 5.17 Village Site-Specific Policy Area
Section 5.17 is amended by adding a new Site-Specific Policy Area Section after Section 5.17.9 to recognize a recent OLT decision as follows:
"5.17.10 Village Site Specific Policy Area 10 (V-SSPA-10)
Within the lands identified as Village Site Specific Policy Area 10 (V-SSPA-10) on Schedule D1 and described as Part of Lot 37 Plan 337, Township of King, it is the policy of Council:
That the land use designation policies of Section 5.6 "Neighbourhood Designation" and all other policies of this Plan apply, except as set out in this Site-Specific Policy Area.
That notwithstanding the provisions of Sections 5.6.1, 5.6.2, and 5.6.3 of this Plan, the lands shall be developed in accordance with the following:
a. That the maximum density shall be 23.1 units per gross hectare and shall not exceed a total of 8 units;
b. That the permitted uses shall be limited to:
i. Semi-detached dwelling units, accessed through a private road.
ii. Home occupations subject to the regulations of the Zoning By- law;
iii. Secondary residential units in accordance with Section 3.8.9;
iv. Private home day cares in accordance with Section 3.8.7;
v. Uses, buildings and structures that are accessory to the permitted uses above.
c. Access to the development shall be provided by a private condominium road with an approximate width of 6 metres.
d. A minimum setback of 30 metres shall be provided for any inhabitable structure from the limit of the Metrolinx right-of-way.
e. All development shall conform with the applicable policies of this Plan, including the Village Design Policies of Section 5.3.
That the lands subject to V-SSPA-10, as shown as "Medium Density Residential – Policy 7.10.2.ix)" on Schedule 1 to OPA No. 102 to the King City Community Plan, shall be designated "Neighbourhood (V-SSPA-10)" on Schedule D1 to this Plan.
That in accordance with Section 9 of this Plan, the policies of this Plan shall be implemented by way of an amendment to the Zoning By-law, and through Draft Plan of Condominium approval, pursuant to the Planning Act, R.S.O. 1990, c. P.13, as amended.
That the boundaries of V-SSPA-10 and the land use designations are
approximate. Minor adjustments shall be permitted by the Township of King and shall not require a further amendment to this Plan as long as the intent of its policies is maintained."
V-SSPA-4
V-SSPA-1
15th Sideroad
SCHEDULE 'D1' VILLAGE OF KING CITY LAND USE DESIGNATIONS
TOWNSHIP OF KING OFFICIAL PLAN
V-SSPA-5
Township of King Boundary Village Boundary
V-SSPA-6
Jenkinson Grove
Built Boundary
Site Specific Policy Area (SSPA) King City GO Station
V-SSPA-8
D
c
Village of King Land Use Designations
V-SSPA-7
e
r V
Martin S
Village Core
Established Neighbourhood
V-SSPA-2
James Stokes Court
V-SSPA-9
King Road
James Street
on Drive
scent
Dew Street
e
Warren
Kingslynn Drive
Bennet D
V-SSPA-10
Sim Hill o
Tatton C
Crescent
Neighbourhood
Medium Density Residential Mixed Use
d
Elizabeth Grove
lley Road
Commercial Employment Transit Station Area Institutional
Station R
u
venue
King City GO Station
Parks and Open Space Utility
Village Natural Heritage System
0 210
420 840
m
V-SSPA-3
CITY OF VAUGHAN
Produced by:
WSP
Sources:
Base Data: MNRF, York Region & Township of King Projection: UTM NAD83 Zone 17
This map is illustrative only. Do not rely on it as being a precise indicator of routes, locations of features, nor as a guide to navigation. The Township of King shall not
be liable in any way for the use of, or reliance upon, this map or any information on this map.
Draft: March, 2022