Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
June 19, 2024
CASE NO(S).:
OLT-22-002861
(Formerly PL200067)
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
336 Kings Ridge Inc.
Subject:
Request to amend the Official Plan – Failure to adopt the requested amendment
Description:
To permit redevelopment of site with two eight unit townhouse blocks
Reference Number:
POPA 18-03
Property Address:
336 King Street East
Municipality/UT:
Town of Caledon
OLT Case No.:
OLT-22-002861
Legacy Case No.:
PL200067
OLT Lead Case No.:
OLT-22-002861
Legacy Lead Case No.:
PL200067
OLT Case Name:
336 Kings Ridge Inc. v. Caledon (Town)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
336 Kings Ridge Inc.
Subject:
Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description:
To permit redevelopment of site with two eight unit townhouse blocks
Reference Number:
RZ 18-08
Property Address:
336 King Street East
Municipality/UT:
Town of Caledon
OLT Case No.:
OLT-22-002862
Legacy Case No.:
PL200068
OLT Lead Case No.:
OLT-22-002861
Legacy Lead Case No.:
PL200067
Heard:
May 24, 2024, in writing
APPEARANCES:
Parties
Counsel/Representative*
336 Kings Ridge Inc.
Patrick Harrington
Laura Dean
Town of Caledon
Chantal de Sereville
Raj Kehar
Toronto and Region Conservation
Lendita Konjuvca*
Authority
DECISION DELIVERED BY KURTIS SMITH AND ORDER OF THE TRIBUNAL
Link to Order
INTRODUCTION/BACKGROUND
1Following several years of ongoing communication and resubmissions, 336 Kings Ridge Inc. (“Applicant”), the Town of Caledon (“Town”), and the Toronto and Region Conservation Authority (“TRCA”) have reached a Settlement pertaining to the proposed development of the Applicant’s lands municipally known as 336 King Street East (“Subject Property”).
2Initially, the Applicant sought an Official Plan Amendment (“OPA”), Zoning By-law Amendment (“ZBA”), and Draft Plan of Subdivision (“DPS”). However, through the ongoing discussions between the Parties, the Settlement Proposal sees an overall reduction in density and now conforms with the applicable low density residential designation of the Town’s Official Plan (“TOP”). Consequently, the Applicant’s OPA is no longer required.
3To support the Settlement Proposal, the Tribunal, based on Miles Weekes’ Curriculum Vitae and Acknowledgement of Expert’s Duty, qualifies Mr. Weekes to provide written opinion evidence in the area of land use planning.
THE SETTLEMENT PROPOSAL
4The Settlement Proposal will permit the redevelopment of the Subject Property with a total of six (6) single-detached residential buildings with three (3) vehicle parking spaces per dwelling unit, having access from King Street East via an internal private road (Bradfield Court).
5The Subject Property is currently zoned Rural Residential (RR) and Environmental Policy Area 1 (EPA1). The ZBA would see the developable lands rezoned to a site-specific Residential (R1-XX) zone, as well as slightly modifying the EPA1 zone to follow the limits of the developable area.
6In 2018, the TRCA conducted a site visit and staked the top of the bank. A slope stability assessment was conducted to identify the stable top of the slope. From there, the minimum setback of 10 metres was established to provide a buffer from the stable top of the slope to the proposed residential development. An encroachment of 68.13 square metres into the buffer area is required to accommodate the full length of the private road and hammerhead for vehicle turnaround. In addition to the above, due to the significant grade change of the Subject Property a retaining wall is proposed along the east and west property lines abutting the environmental lands. Of note, the retaining walls will not encroach the environmental features, and maintenance of the wall will be capable of being completed wholly on the private lands.
7Access to the environmental protection area will be provided to the TRCA for ongoing access and maintenance purposes via the proposed private road and grate fence to restrict access to the environmental area.
8The proposal will connect to the existing sanitary sewer within King Street East. Stormwater runoff will be discharged to the existing storm sewer network along King Street East, to minimize runoff towards the Humber River at the rear of the Subject Property. Waste collection will be provided by the Region of Peel, with collection points identified along King Street East for each unit.
PLANNING EVIDENCE
9Mr. Weekes provided the Tribunal with a fulsome witness statement (Exhibit 2) to support his opinion that the ZBA and DPS have regard for s. 2 of the Planning Act (“Act”), is consistent with the Provincial Policy Statement (“PPS”), conforms to the Growth Plan for the Greater Golden Horseshoe (“Growth Plan”), conforms to the Regional Municipality of Peel Official Plan (“ROP”), the TOP, and establishes an appropriate performance standards of the ZBA. He communicated that the DPS and its associated approval conditions also appropriately address the criteria for approval of the plan of subdivision under s. 51(24) with appropriate conditions pursuant to s. 51(25). Ultimately, he provided his overall conclusion that the Settlement Proposal represents good land use planning and includes appropriate conditions.
10The above-mentioned planning documents relating to the Settlement Proposal have several common elements. Mr. Weekes conveyed to the Tribunal that through the implementation of the ZBA and DPS the following will be achieved:
a. Represents a form of orderly development, which will improve access to housing in the Town;
b. Contributes to the creation of safe and healthy communities and full range of housing choices;
c. Is within an existing Settlement area, providing an appropriate level of intensification that utilizes existing municipal services including water, wastewater, and waste collection, and is in close proximity to regional public transit services and various parks and recreation trail systems; and
d. Supports the protection of environmental and natural heritage features.
FINDINGS
11The Tribunal accepts the uncontested planning evidence and opinions of Mr. Weekes and is satisfied that the ZBA and DPS represents good planning, has regard for matters of provincial interest, is consistent with the PPS, conforms to the Growth Plan, ROP, TOP and constitutes an appropriate site-specific amendment to the Town’s Zoning By-law. Additionally, the Tribunal finds the requirement of the OPA is no longer required as a result of the Settlement Proposal.
ORDER
12THE TRIBUNAL ORDERS the following:
a. The appeal of the Official Plan Amendment is dismisseds;
b. The appeal of the Zoning By-law Amendment is granted in part on consent, and the revised Zoning By-law Amendment attached hereto as Attachment 1 is hereby approved;
c. The appeal of the Draft Plan of Subdivision is granted on consent, and the Draft Plan of Subdivision attached hereto as Attachment 2 is hereby approved, subject to the Draft Plan of Subdivision Approval Conditions attached hereto as Attachment 3.
d. The Clerk for the Town of Caledon is authorized to reformat Attachments 1, 2, and 3, including the assignment of titles, paragraphs and/or section numbers, as needed to implement this Order.
e. Pursuant to subsection 51(56.1) of the Planning Act, final approval of the Plan of Subdivision for purposes of subsection 51(58) of the Planning Act is to be given by the Town of Caledon.
13The Tribunal may be spoken to concerning issues arising from the implementation of this Order.
“Kurtis Smith”
Kurtis Smith
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.
ATTACHMENT 1
ATTACHMENT 2
ATTACHMENT 3