Ontario Land Tribunal
Tribunal ontarien de l’aménagement
du territoire
ISSUE DATE:
March 22, 2024
CASE NO(S).:
OLT-22-004513
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant
Lai Chun Lee Chu
Subject:
Application to amend the Zoning By-law – neglect to make a decision
Description:
Proposes to develop the Property as a unique private camp that introduces principal agricultural functions as a fundamental component of the operation
Reference Number:
ZBA22.011
Property Address:
17321 Woodbine Avenue
Municipality/UT:
Whitchurch-Stouffville/York
OLT Case No:
OLT-22-004513
OLT Lead Case No:
OLT-22-004513
OLT Case Name:
Chu v. Whitchurch-Stouffville (Town)
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant
Lai Chun Lee Chu
Subject:
Site Plan
Description:
Proposes to develop the Property as a unique private camp that introduces principal agricultural functions as a fundamental component of the operation
Reference Number:
SPA20.028
Property Address:
17321 Woodbine Avenue
Municipality/UT:
Whitchurch-Stouffville/York
OLT Case No:
OLT-22-004514
OLT Lead Case No:
OLT-22-004513
Heard:
January 30, 2024 By Written Hearing
APPEARANCES:
Parties
Counsel
Lia Chun Lee Chu
Jonathan Cheng
Calvin Lantz
Town of Whitchurch-Stouffville
Christina Kapelos
Regional Municipality of York
Samantha Whalen
DECISION DELIVERED BY S. DEBOER AND ORDER OF THE TRIBUNAL
1In accordance with Rule 24.4 of the Tribunal’s Rules of Practice and Procedure, whereby the Tribunal may at any time and without prior notice to the parties correct a technical or typographical error made in a decision or order, the Decision and Order (“Decision”) issued on March 01, 2024, is hereby amended.
2By deleting paragraphs [12], [16], [19] and [35] from the Decision and replacing it with the following:
12The original ZBA and SPA applications were received by the Town on June 10, 2022. The applications proposed a two-storey, 4,998 square metres building for recreational uses that included fitness, meditation, and room for short-term accommodation with a maximum gross floor area of 5,100 square metres. Also included as apart of the proposal was an agricultural area for growing crops, permaculture plantings and an apiary. A stormwater management pond and parking for 168 vehicles were also included in the original proposal.
16The Settlement Proposal (“Settlement”) considers the following changes and scale to the original proposal. The maximum gross floor area has been reduced by approximately 20 percent or 975 square metres for a new gross floor area of approximately 4,125 square metres. Approximately 3,500 square metres of the gross floor area will be located above grade whereas approximately 625 square metres will be below grade. The Settlement reduces the number of meditation rooms from 42 to 30. The Settlement introduces a new permitted use of a “Retreat Centre” along with a reduction of the total parking spaces to 165 spaces including six accessible parking spaces and the use of eco-paving materials throughout the parking area. The parking area itself has been revised to move parking areas away from the southern property line. As for the access driveways, the driveway to the north will be used primarily for anyone accessing the facility and the southern driveway will be used for emergency or delivery services only.
19The Tribunal marked the following items as exhibits for the Settlement Hearing:
Exhibit 1 Affidavit of Emma West
Exhibit 2 Revised Town of Whitchurch-Stouffville ZBA
Exhibit 3 Revised Site Plan and Floor Plan Drawings
35The Applications were filed before the approval of the 2022 ROP, however, after analyzing the 2022 ROP, it was Ms. West’s opinion that the Settlement has appropriate regard for the 2022 ROP, including but not limited to Policies 3.1.6, 3.2.3, 5.1.9, 7.4.12, 7.4.15 and 7.4.16. It was Ms. West’s opinion that the Settlement ensures the protection of the natural heritage features within the SP. The Settlement will develop the SP in a manner that will be compatible with the surrounding area. The Settlement conforms to the above-mentioned policies that protect the Regional Greenlands System, the Greenbelt Protected Countryside and conforms to the existing land uses for the SP.
3In all other respects, the Tribunal’s Decision remains the same.
“S. deBoer”
S. DEBOER
MEMBER
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.