Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 26, 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 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: 2593033 Ontario Limited
Subject: Application to amend the Zoning By-law – Appeal failure to make a decision
Description: To permit the redevelopment of the property as a landscape material and garden centre after amending the Rural Specialized (RU3) Exception Zone and the Restricted Industrial (M1) Exception Zone
Reference Number: Z-2021-03
Property Address: 7195 Highway 9 (Part Lot 35, Concession 10)
Municipality/UT: Township of King City/Regional Municipality of York
OLT Case No.: OLT-22-004321
OLT Lead Case No.: OLT-22-004723
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: 2593033 Ontario Limited
Subject: Site Plan
Description: To support the Zoning By-law which permits the redevelopment of the property as a landscape material and garden centre
Reference Number: SPD-21-04
Property Address: 7195 Highway 9 (Part Lot 35, Concession 10)
Municipality/UT: Township of King City/Regional Municipality of York
OLT Case No.: OLT-22-004322
OLT Lead Case No.: OLT-22-004723
Heard: March 14, 2023 by Video Hearing
APPEARANCES:
Parties
Counsel
Township of King
Tom Halinski Jasmine C. M. Fraser
Multiple Appellants
Refer to Schedule 1 for Appearances by Appellants
MEMORANDUM OF ORAL DECISION DELIVERED BY BITA M. RAJAEE ON MARCH 14, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) with respect to appeals under subsections 34(19) of the Planning Act (“Act”) by a number of appellants (“Appellants”) in relation to the replacement of the Township of King’s Comprehensive Zoning By-law 74-53, which is to be replaced by Zoning By-Law 2022-053 (“ZBL 2022-053”). Council of the Township of King (“Township”) passed ZBL 2022-053 on September 26, 2022.
2ZBL 2022-053 is the result of the Rural Area Zoning By-law Review to: revise and update zoning standards; introduce broadened permissions for agricultural uses, including agriculture related and on-farm diversified uses to strengthen the rural economy; and to ensure the protection of environmental lands, particularly within the Greenbelt Plan and Oak Ridges Moraine Conservation Plan. At the CMC, the Township’s Counsel provided a map of the rural areas, which is Schedule A to ZBL 2022-053, and was marked as Exhibit 2.
3The Tribunal canvassed Counsel who confirmed that there was no issue with service of the Notice of CMC, and as such, no further notice is required. The Tribunal is in receipt of the Affidavit of Service of Natalie Hickey, sworn February 21, 2023, which was marked as Exhibit 1.
4Prior to the CMC, the Township’s Counsel provided an Appellant List, attached as Schedule 1 to this Decision, wherein each Appellant was identified by name and address. The Township also included the basis for each Appellant’s appeal as indicated on each respective Notice of Appeal. Moreover, the Township proposed a grouping of the appeals by type to allow for more streamlined Hearings of these matters. The Township proposed that this Appellant List be marked as Exhibit 3. The other Parties did not object, but wanted it clarified that this Appellant List is not an indication that the Appeals have been scoped in any way or that the proposed groupings have been agreed to by the Appellants. The Tribunal marked the Appellant List as Exhibit 3, with the clarification it is to be used as reference only, and not as a scoping / limiting or grouping of the appeals.
PARTY/PARTICIPANT STATUS REQUESTS
5In response to the Notice, the Tribunal received two Party Status Requests, and one Participant Status Request.
6The Tribunal received a Party Status Request from the following:
- Augustinian Fathers (Ontario) Inc., who are the owners of 13760 Keele Street, and intend to develop a three-storey long-term care home facility (“LTCH”), approved by the Ministry of Health and Long-Term Care on April 13, 2022. On