Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
March 06, 2024
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:
84 Charing Cross International Inc. and 1000124547 Ontario Inc.
Request for:
Settlement and Partial Adjournment of appeal against Zoning By-law No. 2022-053
Heard:
January 09, 2024, in writing
APPEARANCES:
Parties
Counsel/Representative
84 Charing Cross International Inc. and 1000124547 Ontario Inc.
Amber Stewart
Barry Horosko
Township of King
Tom Halinski
Jasmine C.M. Fraser
DECISION DELIVERED BY BITA M. RAJAEE AND ORDER OF THE TRIBUNAL
Link to Order
INTRODUCTION AND BACKGROUND
1This motion was brought in writing by 84 Charing Cross International Inc. and 1000124547 Ontario Inc. (“Appellant 8”) 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 a portion of and adjourn a portion of Appellant 8’s appeal against the Township of King’s (“Township”) new Comprehensive Zoning By-law No. 2022-053 (“ZBL 2022-053”), passed on September 26, 2022.
2Specifically, by way of this Motion, Appellant 8 sought the following:
a. An Order of the Tribunal approving certain site-specific modifications to ZBL 2022-053 in respect of the site municipally described as 20520 and 20550 Highway 11 (“Charing Cross Property”), owned by 84 Charing Cross International Inc. (“Charing Cross”); and
b. Deferring the portion of the appeal in respect of the site municipally described as 20590 Highway 11 (“Ontario Inc. Property”), owned by 1000124547 Ontario Inc. (“Ontario Inc.”), sine die, until the occurrence of certain scenarios as described further below.
3On October 26, 2022, Charing Cross and Ontario Inc. jointly appealed ZBL 2022-053 to the Tribunal, on the basis that the proposed land use permissions for the lands are overly restrictive.
4By way of letter dated November 21, 2023, Appellant 8’s Counsel advised the Tribunal that it had reached a settlement agreement with the Township. As part of the settlement, the following was agreed to:
The Minutes of Settlement also provide for the partial withdrawal of the Charing Cross Appeals, in respect of all lands not owned by our respective clients. On that basis, please accept this letter as a partial withdrawal of the Charing Cross Appeals.
Specifically, our clients are withdrawing the appeals in respect of all lands except the lands owned by our clients, being:
Lands municipally described as 20520 and 20550 Highway 11; and
Lands municipally described as 20590 Highway 11.
5By way of Order and Decision dated February 13, 2024, the Tribunal confirmed this partial withdrawal and found that ZBL 2022-053 is in force and effect with respect to all lands in the Highway 11 Corridor, other than those that are still subject to site-specific Appeals 7 and 8.
6Appellant 8 is one of seventeen Appellants who appealed the passing of ZBL 202