12304 Heart Lake Road Limited Partnership v. Peel, 2024 CanLII 9783

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: February 07, 2024

CASE NO(S).: OLT-22-004650

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: 12304 Heart Lake Road Limited Partnership

Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision

Description: To permit the construction of an industrial and warehousing building

Reference Number: RZ 2021-0017

Property Address: 12304 and 0 Heart Lake Road

Municipality/UT: Town of Caledon/Region of Peel

OLT Case No.: OLT-22-004650

OLT Case Name: 12304 Heart Lake Road Limited Partnership v. Peel

Heard: December 15, 2023, in writing

APPEARANCES:

Parties	Counsel
12304 Heart Lake Road Limited Partnership	Steven C. Ferri Mandy Ng
The Corporation of the Town of Caledon	David Germain

DECISION DELIVERED BY G.A. CROSER AND ORDER OF THE TRIBUNAL

Link to Order

INTRODUCTION

112304 Heart Lake Road Limited Partnership (the “Appellant”) proposed to construct an industrial warehouse and distribution building on part of a landholding formerly known as the Livingstone Farm. As the site is zoned Agricultural 1 in the Town of Caledon Comprehensive Zoning By-law No. 2006-50 (“ZBL 2006-50”), the Appellant applied for a zoning by-law amendment (“ZBLA”) to facilitate the development. The Town of Caledon (“Town”) failed to make a decision on the ZBLA within the statutory timeframe set out in the Planning Act ("Act”). The Appellant appealed the non-decision to the Tribunal.

2A four-day merit hearing for this matter was scheduled to begin on December 12, 2023. However, the Tribunal was informed on the eve of the hearing that a settlement had been reached between the statutory Parties and that the Region of Peel, an added Party to the appeal, withdrew its appeal upon resolving its servicing issues. The Appellant and Town requested that the Tribunal consider the proposed settlement in writing rather than convening an oral hearing, this request was approved by the Tribunal. The Tribunal received an Affidavit and Acknowledgement of Expert’s Duty signed by the Appellant’s Planner, Mr. Stephen Albanese, in support of the appeal and proposed development.

SUBJECT LANDS

3The municipal address for the broader landholding is 12304 Heart Lake Road, however the lands subject to this appeal do not have a municipal address. The legal description of the lands is PART OF LOTS 18 AND 19 CONCESSION 2 EHS CHING PART OF PART 1 PLAN 43R34717 AND PART OF PART 4 PLAN 43R32060 TOWN OF CALEDON, REGION OF PEEL (the “Subject Lands”).

4The Subject Lands are a relatively flat, rectangular, vacant parcel of approximately 9.96 hectares that were historically used for agricultural purposes. The site is adjacent to Ontario Highway 410 to the south, Heart Lake Road to the east, and partial frontage of approximately 242.9 metres (“m”) along Abbotside Way, a local road under the Town’s jurisdiction, to the north.

5The Subject Lands are located within the Prestige Industrial designation in the Town of Caledon’s Official Plan, abutting two Prestige Industrial developments to the west, and in proximity to the southeastern edge of Residentially designated lands, which were recently developed as a residential subdivision.

PROPOSED DEVELOPMENT

6The Appellant proposes to construct on the Subject Lands an industrial warehouse and distribution building with ancillary office components totalling 48,656 square metres (“m²”) in Gross Floor Area (“GFA”), with the office component totalling 861 m². The proposal includes a total of 69 truck docks, 220 parking stalls (including nine accessible parking spaces), and 87 trailer stalls (the “Proposed Development”).

7The Town and the Appellant resolved their issues with respect to the Proposed Development and drafted a set of site-specific zoning provisions for the Subject Lands (the “ZBLA”) which includes:

a. Rezone the Subject Lands from Agricultural (A1) to Prestige Industrial – Exception 679 – Holding 34 (MP-679-H34);

b. Add a zone exception MP-679 to Table 13.1 of ZBL 2006-50 for the Subject Lands; and

c. Add a Holding Provision MP-679-H34 to Table 13.3 of ZBL 2006-50 (“Holding Provision”) for the Subject Lands.

8It was the opinion of Mr. Albanese that the ZBLA will provide flexibility to accommodate a design that is comparable to other existing and proposed industrial warehousing and distribution buildings to the southwest and east of the Subject Lands. His Affidavit reported that the Appellant is continuing to work with the Town through the Site Plan Application, which is not before the Tribunal, for the Subject Lands to mitigate compatibility issues within the adjacent residential uses.

EXTENSION OF ABBOTSIDE WAY

9The Holding Provision in the ZBLA requires the Appellant to enter and register on title of the Subject lands a Subdivision Agreement with the Town to secure the extension of Abbotside Way from its existing terminus to Heart Lake Road. It provides assurance that the Subject Lands will not be occupied or operate until the Abbotside Way extension has been constructed and dedicated to the satisfaction of the Town. The Holding Provision provides timing assurances for the Town that the lands required for the Abbotside Way extension will be conveyed gratuitously to the Town by May 15, 2023, if the Subdivision Agreement is not registered by April 30, 2024. In short, the holding provision satisfies the Town’s priority to extend Abbotside Way to connect with Heart Lake Road.

10The ZBLA also addresses the Town’s concerns with westbound truck movements from the Subject Lands onto existing Abbotside Way by limiting the location of truck and trailers to specific areas of the Subject Lands. The extension of Abbotside Way will accommodate truck and vehicular traffic from the Subject Lands, improving the overall transportation system by directing traffic eastwards to Heart Lake Road and away from Kennedy Road to the west. Furthermore, the road extension will provide a looping of the water infrastructure improving the overall system. Sanitary flows for the Subject Lands are anticipated to flow westerly to Kennedy Road, while sanitary infrastructure within the new portion of Abbotside Way will service future development blocks.

PLANNING EVIDENCE

11It was Mr. Albanese’s opinion that the ZBLA has regard for matters of Provincial Interest pursuant to s. 2 of the Act, highlighting 2(k), “the adequate provision of employment opportunities” and 2(p), “the appropriate location of growth and development.”

12With respect to the Provincial Policy Statement, 2020 (“PPS”), the Planner’s Affidavit stated that the ZBLA was consistent with and met the policies of the PPS, including Policy 1.3 which directs that planning authorities shall promote economic development and competitiveness by, amongst others, providing an appropriate range and mix of employment and providing opportunities for a diversified economic base. Mr. Albanese stated in his Affidavit that the ZBLA would enable the Town to meet and implement Provincial policy directives as outlined in Policy 1.3 of the PPS, on lands which were already designated Prestige Industrial under upper tier and local planning instruments.

13Mr. Albanese explained in his Affidavit that the A Place to Grow: Growth Plan for the Greater Golden Horseshoe (“Growth Plan”) as per Policy 2.2.1.2(a) directs growth to Settlement Areas with a delineated built boundary, that have existing infrastructure, and can support complete communities. The Planner pointed out that the Subject Lands are located within the Mayfield West Settlement Area, were designated Prestige Industrial in the Town of Caledon’s Official Plan and serviced by existing infrastructure. To the Planner, the Proposed Development conformed with the directions of the Growth Plan as it proposed to make efficient use of already designated Prestige Industrial lands in a Settlement Area, in an appropriate location that is near major highway corridors and similar land uses.

14Mr. Albanese’s position was that the ZBLA conforms to the Region of Peel’s Official Plan (“ROP”). The Subject Lands are identified as being within a Settlement Area outside of the Greenbelt designation. He stated that the ZBLA sought to facilitate the development of an Employment Area within a Rural Service Centre, for a Prestige Industrial use, and would assist in meeting the minimum density of 42 residents and jobs combined per hectare for in the Town.

15The Town of Caledon’s Official Plan (“TOP”) identifies the Subject Lands as being within the Mayfield West Study Area Boundary. Mr. Albanese’s Affidavit reviewed Section 2 of the TOP, highlighting that the principles direct the Town to achieve fiscal sustainability by protecting, expanding, and diversifying the Town’s employment and assessment base. The Planner provided commentary on Section 3 of the TOP, and in particular noted policies with respect to sustainable and responsible growth management practice, and Section 4 with respect to goals for the creation of complete communities and Section 5 with respect to the general policies for lands designated Prestige Industrial. In the Planner’s opinion, the Proposed Development conforms with the TOP.

FINDINGS AND DISPOSITION

16Since the date of the Written Settlement, and prior to the issuance of this decision, the Tribunal reached out to the Parties to seek input if the passing of Bill 150, Planning Statute Law Amendment Act, 2023, which enacts the Official Plan Adjustments Act, 2023 (“OPAA”), which received Royal Assent on December 6, 2023, had any impacts on the potential outcome of this matter. All Parties provided responses to state that Bill 150 did not impact the Settlement.

17The Tribunal has considered the totality of the evidence before it and accepts the uncontroverted expert land use planning evidence and opinions of Mr. Albanese. The Tribunal is satisfied that the Zoning By-law Amendment has due regard for matters of provincial interest, is consistent with the PPS and conforms with the Growth Plan. It is evident that the ZBLA for the Subject Lands proposes a use that is both envisioned and permitted under the ROP and TOP. The Proposed ZBA seeks to facilitate the development of a Prestige Industrial use on a site designated for same, and in an area where such development is appropriate. As the current zoning of the Subject Lands does not conform with the applicable Official Plan designations, a Zoning By-law Amendment is both necessary and appropriate to facilitate the development of the Subject Lands in accordance with the planned vision.

18The sole Participant Statement received in this matter from Mr. Kenneth Bokor supported the appeal with the proviso that that the commitment to extend and build out Abbotside Way to Heart Lake Road be completed before site operations commenced. The Tribunal finds the proposed site specific ZBLA provisions are reasonable and necessary to ensure the orderly development of the Subject Lands particularly with respect to the extension of Abbotside Way to Heart Lake Road.

ORDER

19THE TRIBUNAL ORDERS that the appeal is allowed in part and By-law No. 2006-50 of the Town of Caledon is to be amended as follows:

a. Schedule “A”, Zone Map 6 of ZBL 2006-50 dated April 3, 2006, revised June 14, 2019 is amended to rezone 12304 and 0 Heart Lake Road, Town of Caledon, from Agricultural (A1) to Prestige Industrial – Exception 679 – Holding 34 (MP-679-H34) as set out and attached hereto as Attachment “1”.

b. Add a zone exception MP-679 to Table 13.1 of ZBL 2006-50 for the lands located at 12304 and 0 Heart Lake Road, Town of Caledon, as set out and attached hereto as Attachment “1”.

c. Add a holding provision MP-679-H34 to Table 13.3 of ZBL 2006-50 for the lands located at 12304 and 0 Heart Lake Road, Town of Caledon, as set out and attached hereto as Attachment “1”.

19The appeal by the Appellant is dismissed in all other respects.

20The Tribunal authorizes the municipal clerk of the Town of Caledon to assign a number to this by-law amendment for record keeping purposes.

“G.A. Croser”

G.A. CROSER

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