Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: May 10, 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: 611428 Ontario Limited

Request for: Settlement of appeal against Zoning By-law No. 2022-053

Heard: March 7, 2024 In Writing

Parties

Counsel

611428 Ontario Limited

Steven C. Ferri

Mandy Ng

Township of King

Tom Halinski

Jasmine C.M. Fraser

DECISION DELIVERED BY bita m. rajaee AND ORDER OF THE TRIBUNAL

Link to Final Order

1This motion was brought in writing by 611428 Ontario Limited (“Appellant 10” as identified in Schedule 1 to this Decision) 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 Appellant 10’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 10 seeks an Order of the Tribunal approving certain site-specific modifications to ZBL 2022-053 in respect of the lands municipally described as 4670 18^th^ Sideroad in the Township (“Subject Property”), owned by Appellant 10.

3Appellant 10 is one of seventeen Appellants (identified in Schedule 1 to this Decision) who appealed the passing of ZBL 2022-053. A number of Case Management Conferences pertaining to this matter have taken place on March 14, 2023, June 9, 2023, October 5, 2023 (“Third CMC”), and January 15, 2024. Two phased hearings were scheduled to address the various appeals, with the second phase to take place on March 11-22, 2024. Prior to this Hearing, the Tribunal was advised that Appellant 10 and the Township had reached a settlement with respect to this matter. As such, this Hearing in writing took place to allow the Tribunal to consider and approve the proposed site-specific modifications to ZBL 2022-053, if warranted.

HEARING

4In support of the settlement agreement reached between Appellant 10 and the Township, the Tribunal received a Motion Record from the Appellant, which included:

a. A Notice of Motion, dated March 1, 2024;

b. An Affidavit by Michael Bissett, Land Use Planner, sworn on March 1, 2024, with accompanying exhibits; and

c. An Affidavit by Sean Male, Ecologist and Natural Heritage Specialist, Sworn on March 1, 2024, with accompanying exhibits.

5No other Party filed any materials in response to this Motion.

6The Curriculum Vitaes and Acknowledgement of Expert Duty forms for Mr. Bissett and Mr. Male were included with the Motion Record, and confirm their expertise in the area of Land Use Planning and Ecology and Natural Heritage, respectively. Mr. Bissett is relied upon by the Tribunal, and, without objection, his opinions are qualified as expert opinion evidence in the field of Land Use Planning. Mr. Male is relied upon by the Tribunal, and, without objection, his opinions are qualified as expert opinion evidence in the field of Ecology and Natural Heritage.

7The Subject Property is approximately 130 acres (52.7 hectares). It is currently vacant fields, surrounded by existing residential lots to the north and east, as well as residential lots along 18^th^ Sideroad to the west and south.

Land-Use Designations

8As Mr. Bissett described in his sworn Affidavit, this Tribunal approved a settlement on May 11, 2022 between Bushland Heights Limited, a company affiliated with Appellant 10, and the Township to modify the Township of King Official Plan (2019) (“OP”) to designate the Subject Property as Hamlet Site-Specific Policy Area (“H-SSPA-1”) and to make corresponding modifications to the applicable OP policies and schedules as they relate to the Subject Property.

9The H-SSPA-1 designates a majority of the Subject Property as “Hamlet Residential” and a portion of the Subject Property as “Hamlet Natural Heritage System.” The Hamlet Residential designation permits new residential development on new lots as infilling, subject to a Zoning By-law Amendment. The Hamlet Natural Heritage System permits legally existing uses, conservation uses, passive recreational trails and accessory uses, and infrastructure. Moreover, H-SSPA-1 permits residential uses on the Subject Property and establishes site-specific policies to guide and govern the subdivision process required for lot division.

10The Township passed ZBL 2022-053 on September 26, 2022, which repeals and replaces Zoning By-law 74-53, as amended, for the Subject Property. Under ZBL 2022-053, the Subject Property is zoned “Future Use” (F), with the southeastern corner zoned “Hamlet Rural” (HU) and “Oak Ridges Moraine Feature Protection” (ORF).

Appellant 10’s Appeal

11On October 26, 2022, Appellant 10 appealed the passing of ZBL 2022-053, appealing the entirety of ZBL 2022-053 on the basis that it significantly restricts uses on the Subject Property and is inconsistent with the policies under the Subject Property’s H-SSPA-1 designation in the OP (“Appeal”). The Appeal was subsequently scoped to (i) the Subject Property; (ii) all lands zoned Future Use (F) by ZBL 2022-053; and (iii) the lands municipally known as 13760 Keele Street.

12Concurrently, before the Tribunal is a file identified as OLT-22-003300, which is comprised of appeals brought against the Township’s Comprehensive Zoning By-law No. 2017-66, which is the Township’s Urban By-law. Appellant 10 has raised issues in this subject Appeal (OLT-22-004723), some of which pertain to future residential zones. As determined by the Tribunal at the Third CMC, those issues raised by Appellant 10, namely the “Future Use” provisions, overlap with some of the issues raised by the Appellants in file OLT-22-003300. As such, in the Decision and Order dated February 29, 2024 pertaining to OLT-22-003300, the Tribunal ordered that those “Future Use” issues in dispute as raised in OLT-22-004723 would be heard together with the issues raised in OLT-22-003300, in accordance with Rule 16 of the Tribunal’s Rules of Practice and Procedure.

13The remaining issues raised by Appellant 10 in OLT-22-004723 were resolved with the Township, as discussed below.

Resolution of Appeal

14Appellant 10 and the Township have agreed to request that the Tribunal amend ZBL 2022-053 by adding certain modifications to it (“Modifications”).

15In his sworn Affidavit, Mr. Bissett described the Modifications and explained that the Subject Property’s zoning would be modified to “Hamlet Residential – Future” (HRF), with the exception of the portion of the Subject Property zoned Oak Ridges Moraine Feature Protection (ORF), located within the ORMCP area. That portion would remain zoned ORF in accordance with the Oak Ridges Moraine Conservation Plan.

16Mr. Bissett opined that the Modifications were largely technical in nature, as they relate to the naming of the applicable zone, rather than altering the substance of land use permissions. The inclusion of the “Hamlet Residential Future” (HRF) zone terminology as opposed to “Future Use” (F) provides clarity with respect to implementing Hamlet Residential uses on the Subject Property, which are designated “Hamlet Residential” in the OP. The substance of the “HRF” zone would remain consistent with the intent of the original approved bylaw “F” zoning. The HRF zone would permit existing uses, with the intention that the Subject Property be rezoned in the future for hamlet residential, environmental protection, and future uses to facilitate lot creation and development in accordance with the OP.

17In his sworn Affidavit, Mr. Bissett explained in detail, citing numerous policies, how the Modifications:

a. Have appropriate regard for matters of Provincial Interest pursuant to Section 2 of the Planning Act;

b. Are consistent with the Provincial Policy Statement, 2020 (“PPS”);

c. Conform with the A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020;

d. Conform with the Oak Ridges Moraine Conservation Plan (2017);

e. Conform with the Greenbelt Plan (2017);

f. Conform with the Lake Simcoe Protection Plan (2009);

a. Conform with the Region of York Official Plan (“RYOP”), both the 2010 version (in effect at the time of the adoption of ZBL 2022-053) and the 2022 version (currently in force); and

b. Conform with the OP, and specifically with the H-SPPA-1 designation pertaining to the Subject Property, as approved by the Tribunal.

18Mr. Bissett further opined that the Modifications are in the public interest as including the proposed HRF nomenclature will provide clarity that the future use of the Subject Property will consist of Hamlet Residential uses and related environmental protection and other uses to facilitate lot creation in accordance with the OP. Moreover, no new land use permissions are provided through the Modifications that would fully engage any of the Provincial policies. Such Provincial and Regional policies would be more fully engaged upon a future rezoning application, which remains a requirement for future residential lot creation based on the settlement agreement. He concluded that the Modifications were good planning and warranted approval.

19Mr. Male concurred. Citing and explaining numerous policies in his sworn Affidavit, Mr. Male opined that the Modifications have regard for the natural heritage policies of the PPS, the 2010 and 2022 versions of the RYOP, and the OP.

TRIBUNAL’s FINDINGS

20The Tribunal is satisfied by the evidence provided by Mr. Bissett and Mr. Male, through their uncontroverted testimony provided by way of Affidavit. The Tribunal finds that the proposed Modifications to ZBL 2022-053 align with good land use planning, satisfy all legislative tests pertaining to this matter, and warrant approval.

21This finding is specific to the issues remaining in dispute within Tribunal file OLT-22-004723. For clarity, this does not include the issues that are being heard together with the issues raised in Tribunal file OLT-22-003300.

ORDER

22THE Tribunal Orders that:

a. In accordance with subsection 34(26) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, the appeal by 611428 Ontario Limited (“Appellant 10”) of the Township of King Rural Countryside Zoning By-law No. 2022-053 (“ZBL 2022-053”) is allowed, in part, as it relates to lands municipally known as 4670 18^th^ Sideroad, and ZBL 2022-053 is hereby amended as follows, and as set out and attached hereto as “Schedule 2”:

i. Add a new zone “Hamlet Residential – Future,” “HRF” Zone Symbol, and Description of the Zone to “Table 5.1: Establishment of Zones” as follows:

e) Other Zones

Zone

Zone Symbol

Description of the Zone

vii) Hamlet Residential Future

HRF

Permits existing uses and is intended to be rezoned in the future for hamlet residential, environmental protection, and future uses to facilitate lot creation and development in accordance with the Official Plan.

ii. Modify Table 9.1 to add the “Hamlet Residential – Future” zone, with the Zoning Symbol “HRF”.

iii. Modify Table 9.2 to add the “HRF” Symbol with the same permitted uses as shown for the “F” symbol.

iv. Modify Table 9.3 to add the “HRF” Symbol with the same Lot and Building requirements as the “F” symbol.

v. Modify Schedule A4 and Schedule A13, to apply the new “HRF” zone to the entirety of the Subject Lands, outside of the “ORF” zone.

b. The appeal by Appellant 10 is dismissed in all other respects as it pertains to Case No. OLT-22-004723. This does not include the issues that are being heard together with OLT-22-003300.

c. The Tribunal authorizes the municipal clerk to format, as may be necessary, and assign a by-law number to “Schedule 2” for record-keeping purposes.

d. This Order and the approval of portions of ZBL 2022-053, as attached hereto as Schedule 2, is without prejudice to the disposition of any other appeal of ZBL 2022-053 and any unapproved portions of ZBL 2022-053, such that if those appeals proceed to a subsequent hearing or motion, either on their own or as may be consolidated with other proceedings, the Township will not take the position that the Tribunal ought not to approve amendments to ZBL 2022-053 on the basis that such amendments deviate from, or are inconsistent with, the amendments attached hereto as Schedule 2, as brought into force by this Order. However, this does not affect the Township’s right to assert that ZBL 2022-053, as amended by Schedule 2 hereto, to the extent brought into force by this Order, should be applied to specific sites or areas without amendments on the basis that doing so is consistent with the Planning Act and Provincial policies, conforms to Provincial and municipal Official Plans and/or constitutes good planning.

23The Member may be contacted through the Case Coordinator should procedural issues arise with the implementation of this Order.

“Bita M. Rajaee”

bita M. rajaee

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.

SCHEDULE 1

Appellant

Counsel/Representative*:

Vito Pacifico

Milovan Prelevic

Robert Scheinberg B & D Love Inc.

Steven Ferri

Mandy Ng

2731961 Ontario Inc.

Michael Cara

Daniel Artenosi

1186675 Ontario Ltd.

Steven Ferri

Mandy Ng

Heste Corporation

Steven Ferri

Mandy Ng

Deborah and David Solomon Weis

Steven Ferri

Mandy Ng

Len Payne, Rideau Leasing Corp.

David White

Zao Wang, 84 Charing Cross International Inc.

1000124547 Ontario Inc.

Amber Stewart

Barry Horosko

Lloydtown Farms Ltd.

Steven Ferri

Mandy Ng

611428 Ontario Limited

Steven Ferri

Mandy Ng

Leading Edge Property Developments Inc.

David White

Intentionally left blank

Shawn Peebles, Northern Wide Plank Flooring Inc.

David White

Tony Nicoletti

Self-represented*

2593033 Ontario Limited (c/o Weston Garden Centre)

Alex Lusty

Penwest Holdings Limited

Michael Cara

Daniel Artenosi

Bill and William Bowles Harris

Steven Ferri

Mandy Ng

SCHEDULE 2

Part 5 | Zone Classifications and Zone Maps

Table 5‑1: Establishment of Zones

Zone

Zone Symbol

Description of the Zone

a) Hamlet Residential Zones

i) Hamlet Residential One

HR1

Single detached dwellings on lots with a minimum lot frontage of 30.0 m.

ii) Hamlet Residential Two

HR2

Single detached dwellings on lots with a minimum lot frontage of 24.0 m.

iii) Hamlet Residential Three

HR3

Single detached dwellings on lots with a minimum lot frontage of 20.0 m.

iv) Hamlet Residential Four

HR4

Single detached dwellings on lots with a minimum lot frontage of 15.0 m.

v) Hamlet Residential Five

HR5

Single detached dwellings on lots with a minimum lot frontage of 14.0 m.

b) Hamlet Commercial, Employment, Rural, and Institutional Zones

i) Hamlet Commercial

Permits commercial uses oriented towards the Hamlets.

ii) Hamlet Employment

Permits agriculture-related uses and employment uses within the Hamlets.

iii) Hamlet Rural

Permits agricultural and agriculture-related uses oriented towards the Hamlets.

iv) Hamlet Institutional

Permits institutional uses oriented towards the Hamlets.

c) Rural and Agricultural Zones

i) Rural Residential

Permits single detached dwellings on lots with a minimum lot frontage of 120.0 m.

ii) Rural Estate Residential

Permits single detached dwellings on lots with a minimum lot frontage of 60.0 m.

iii) Rural Commercial

Permits existing commercial uses within the rural area.

iv) Rural Employment

Permits agriculture-related uses and existing employment uses.

v) Rural Employment Greenbelt

RMG

Permits legally existing uses and a range of agricultural uses within the Greenbelt Plan Area.

v) Rural Mineral Aggregate

Restricts mineral aggregate related uses.

vi) Agricultural

Permits a range of agricultural uses.

vii) Agricultural Specialty Crop

Permits agricultural uses within the Holland Marsh.

viii) Agriculture Related

Permits a range of agriculture-related uses.

a) Oak Ridges Moraine Zones

i) Oak Ridges Moraine Feature Protection

ORF

Supports the conservation of natural heritage features on the Oak Ridges Moraine while permitting a limited range of agriculture and conservation related uses.

ii) Oak Ridges Moraine Natural Core and Linkage

ORL

Supports ecological linkages and wildlife movement on the Oak Ridges Moraine while permitting a limited range of agriculture and conservation related uses.

iii) Oak Ridges Moraine Countryside

ORC

Supports the ecological integrity of the Oak Ridges Moraine while permitting a limited range of agriculture and conservation related uses.

iv) Oak Ridges Moraine Aggregate

ORX

Restricts mineral aggregate operations within lands subject to the Oak Ridges Moraine Conservation Plan.

b) Other Zones

i) Future Use

Permits existing uses and is intended to be rezoned in the future to accommodate future uses or development.

ii) Nobleton Village Reserve

NVR

Permits a range of agricultural uses within the Nobleton Village settlement area.

iii) Open Space

Permits open space and park uses

iv) Major Recreational

REC

Permits larger-scale recreational uses.

v) Environmental Protection

Uses are principally limited to conservation of natural heritage/hazard features.

vi) Greenbelt Natural Heritage

GNH

Permits agricultural uses within the Township’s natural heritage system.

vii) Hamlet Residential Future

HRF

Part 9 | Other Zones

9.1 List of Other Zones

For convenience purposes, the Other zones, as defined in Error! Reference source not found., are also shown in Table 0‑1:

Table 0‑1: Other Zones

Zone

Zone Symbol

Future Use

Nobleton Village Reserve

NVR

Open Space

Major Recreational

REC

Environmental Protection

Greenbelt Natural Heritage

GNH

Hamlet Residential Future

HRF

9.2 Permitted Uses in the Other Zones

No person shall use any lot, building or structure for any purpose except for one or more of the uses as permitted in accordance with Table 9.2. Uses permitted in the Other zones are denoted by the symbol “●” in the column applicable to that zone and corresponding with the row for a permitted use in Table 0‑2.

Where the symbol “E” is shown in Table 9.2, the use shall only be permitted on a lot in the corresponding zone if the use was legally existing and used on the lot on the effective date of this By-law.

Table 0‑2: Permitted Uses in the Other Zones

Use

NVR

REC

GNH

HRF

Agricultural cannabis production facility

(2)(5)(6)

Agricultural research and training facility

Agricultural use

Campground

Cemetery

Community garden

(2)

Conservation use

Equestrian facility

Golf course

Medical cannabis production site

(2)(5)(6)

Mushroom farm

(2)

Private park

Public park

Recreational use

Retail

Single detached dwelling

(1)
(9)
(1)
(1) (3)
(9)
(1)

Ski facility

Tourism information centre

Trail

Unserviced park

On-Farm Diversified Uses

Agri-tourism use

(2)

Agricultural animal clinic

(2)

Bed and breakfast

(2)

Equine event facility

(2)

Farm micro-brewery, cidery, or winery

(2)

Farm produce outlet

(2)

Ground-mounted solar facility

(2)

On-farm shop or café

(2)

Studio

(2)

Value-added agricultural use

(2)

Specified Accessory Uses

Additional residential unit

(2)

Accessory dwelling unit

(2)

Bed and breakfast

(2)

Commercial patio

(2)(7)

Farm produce outlet

Home industry

(2)

Home occupation

(2)

Private home child care

(2)

Special Provisions:

(1) Only legally existing uses are permitted.

(2) This use is subject to special provisions under Section 3 of this By-law.

(3) Where a building or structure had previously been legally erected and/or land legally used at the date of the passing of this By-law, such buildings and lands may continue to be used for the same purposes but shall not be enlarged. Where these zones are regulated by a Conservation Authority, any proposed works may be subject to the applicable regulation as described under Section 3.44.

(4) This use shall only be permitted as accessory to a principal use.

(5) This use or activities associated with this use may be subject to restrictions under the provisions of Section 3.47 – Wellhead Protection Areas, where included on Schedule “B-1”.

(6) This use is subject to a holding symbol (H) in accordance with the provisions of Section 3.4.

(7) This use shall only be permitted as an accessory use to an on-farm shop or café and farm micro-brewery, cidery, or winery.

(8) This use shall be prohibited as shown on Schedule D to this By-law.

(9) In the Protected Countryside of the Greenbelt Plan Area, this use shall only be permitted on an existing lot of record, provided the lot was zoned for the use as of the date the Greenbelt Plan came into effect.

9.3 Lot and Building Requirements for the Other Zones

No person shall within any Other zone use any lot, or erect, alter or use any building or structure except in accordance with Table 0‑3:

Table 0‑3: Lot and Building Requirements for the Other Zones

Requirement

NVR

REC

GNH

HRF

Minimum Lot Area (1)

10.0 ha

As legally existing

10.0 ha

N/A

40.0 ha

10.0 ha

Minimum Lot Frontage (1)

180.0

As legally existing

30.0

N/A

180.0

Minimum Front Yard (m)

15.0

9.0

N/A

15.0

Minimum Rear Yard (m)

23.0

9.0

N/A

23.0

Minimum Interior Side Yard (m)

9.0

N/A

9.0

Minimum Exterior Side Yard (m)

15.0

9.0

N/A

9.0

15.0

Maximum Lot Coverage

20%

(2)

20%

N/A

(2)

20%

Maximum Height (m)

11.0

N/A

11.0

Special Provisions:

(1) The minimum lot area and lot frontage requirements shall not apply to use any lot, erect, alter or use any building or structure as part of an agricultural use.

(2) Maximum lot coverage shall be subject to Section 9.4 of this By-law.

611428 Ontario Limited. et al. v King (Township), 2024 CanLII 43219

Case Summary

Part 5 | Zone Classifications and Zone Maps

Part 9 | Other Zones

9.1 List of Other Zones

9.2 Permitted Uses in the Other Zones

9.3 Lot and Building Requirements for the Other Zones