Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 26, 2023
CASE NO(S).: OLT-22-002262 (Formerly PL171438)
PROCEEDING COMMENCED UNDER section 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: 2472498 Ontario Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit the development of 48 stacked townhomes
Reference Number: OP-2016-05
Property Address: 12765, 12781 and 12789 Keele Street
Municipality/UT: King/York
OLT Case No: OLT-22-002262
Legacy Case No: PL171438
OLT Lead Case No: OLT-22-002262
Legacy Lead Case No: PL171438
OLT Case Name: 2472498 Ontario Inc. v. York (Region)
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the development of 48 stacked townhomes
Reference Number: Z-2016-18
Property Address: 12765, 12781 and 12789 Keele Street
Municipality/UT: King/York
OLT Case No: OLT-22-003780
Legacy Case No: PL171439
OLT Lead Case No: OLT-22-002262
Legacy Lead Case No: PL171438
PROCEEDING COMMENCED UNDER section 41(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Subject: Site Plan
Description: To permit the development of 48 stacked townhomes
Reference Number: SPD-16-87
Property Address: 12765, 12781 and 12789 Keele Street
Municipality/UT: King/York
OLT Case No: OLT-22-003779
Legacy Case No: PL171318
OLT Lead Case No: OLT-22-002262
Legacy Lead Case No: PL171438
Heard: June 16, 2023 by written hearing
APPEARANCES:
Parties
Counsel
King Heights Ltd. (formerly 2472498 Ontario Limited) ("Applicant/Appellant")
I. Tang and K. Butler
Township of King ("Township")
T. Halinski and J. Fraser
Regional Municipality of York ("Region")
S. Whalen
INTERIM DECISION DELIVERED BY S. TOUSAW AND ORDER OF THE TRIBUNAL
1This Decision grants approval to a site plan application ("SPA") with conditions, as filed by the Parties on consent, subject to withholding the Final Order pending the Parties' confirmation that the associated site plan agreement has been executed.
2In the Tribunal's Decision dated July 26, 2022 ("Decision"), the Parties' settlement was endorsed, including approving the revised Zoning By-law Amendment and granting in principle the SPA, subject to finalizing the plans and conditions as now received for this written hearing.
3The Tribunal hereby qualifies Jim Kotsopoulos, Registered Professional Planner, to provide opinion evidence in land use planning, and marks his Affidavit as Exhibit 1.
4On the uncontested Affidavit of Mr. Kotsopoulos, the Tribunal makes the following findings.
5The conditional SPA in the prior Decision is largely unchanged in the final version. It provides for a mid-rise development for residential and commercial uses and associated facilities at the site consisting of 12765, 12781 and 12789 Keele Street and 17 Elizabeth Grove. It displays a high-quality built form, incorporates active storefronts, improves the diversity of available housing, is accessible, supports transit use, and utilizes infrastructure efficiently.
6The Region's conditions contain no notable changes from those considered in the prior Decision. The Township's substantive changes to the previously filed conditions include conditions for: geothermal heating and cooling; groundwater monitoring; and the removal of certain traffic control upgrades; all in accordance with the recommendations of associated technical experts.
7Having had regard to the prior Decision of the Tribunal and the related decisions of the Township and Region's Councils, the Tribunal finds, on the uncontested evidence of Mr. Kotsopoulos, that the SPA and associated conditions will be approved as submitted on consent by the Parties, given that it: has suitable regard for matters of provincial interest under s. 2 of the Planning Act; is consistent with the Provincial Policy Statement; conforms with A Place to Grow: Growth Plan for the Greater Golden Horseshoe; conforms with the Oak Ridges Moraine Conservation Plan; conforms with the Region and Township Official Plans; complies with the Township Zoning By-law; satisfies the requirements of s. 41 of the Planning Act; and thus, represents good planning in the public interest.
INTERIM ORDER
8The Tribunal Orders that the site plan appeal is allowed in part, and the site plan is granted Interim Approval as contained in "Exhibit D" of Exhibit 1, subject to the conditions contained in "Schedules C, E and F" in "Exhibit E" of Exhibit 1.
9Final approval will be issued by the Tribunal upon confirmation that the Parties have signed and executed the site plan agreement.
10This Interim Order furthers and amends, where necessary, the Tribunal's Order in paragraph [15] of the Tribunal's Decision dated July 26, 2022.
"S. Tousaw"
S. TOUSAW
VICE CHAIR
Ontario Land Tribunal
Website: 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.