Domroc Developments Ltd. v. King (Township), 2025 CanLII 37583

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: April 24, 2025

CASE NO(S).: OLT-25-000077

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant/Appellant: Domroc Developments Ltd.

Subject: Request to amend the Official Plan – Failure to adopt the requested amendment

Description: OPA/ZBA - Proposing a 4-storey self storage facility

Reference Number: OP-2024-02

Property Address: 13305 Highway 27

Municipality/UT: King/York

OLT Case No.: OLT-25-000077

OLT Lead Case No.: OLT-25-000077

OLT Case Name: Domroc Developments Ltd. v. King (Township)

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

Applicant/Appellant: Domroc Developments Ltd.

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

Description: OPA/ZBA - Proposing a 4-storey self storage facility

Reference Number: Z-2024-06

Property Address: 13305 Highway 27

Municipality/UT: King/York

OLT Case No.: OLT-25-000097

OLT Lead Case No.: OLT-25-000077

Heard: April 17, 2025, by Video Hearing

APPEARANCES:

Parties	Counsel
Domroc Developments Ltd.	Daniel Artenosi Justine Reyes
Township of King	Tom Halinski

Memorandum of oral DECISION delivered BY STEVEN T. MASTORAS ON April 17, 2025, AND ORDER OF THE TRIBUNAL

INTRODUCTION

1The matter before the Tribunal was scheduled as a first Case Management Conference (“CMC”) relating to appeals pursuant to sections 22(7) and 34(11) of the Planning Act, (“Act”) as a result of the Township of King’s (“Township”) failure, refusal, or neglect to make a decision within the prescribed timeframe. The appeals consist of an Official Plan Amendment application and a Zoning By-law Amendment application (together, “Applications”/ “Appeals”).

2The Appeals were submitted by Domroc Developments Ltd. (“Appellant”) and are related to the address municipally known as 13305 Highway 27 (“Subject Property”).

3The Applications seek permission for the redevelopment of the vacant eastern portion of the Subject Property with a four-storey self-storage facility and a proposed landscaped open space of approximately 2,509.93 square metres. The existing one-storey commercial plaza and associated surface parking lot on the western portion of the Subject Property will be retained.

4The Tribunal was in receipt of an Affidavit of Service, signed by Justine Reyes, on March 26, 2025, providing Notice of this CMC Hearing, and is marked as Exhibit 1.

STATUS REQUESTS

5The Tribunal noted that there was one written request for Party status, from Anna Belz (April 2, 2025), a local Nobleton resident, claiming to represent other residents in the community, with a petition and other evidence. Anna Belz appeared at the CMC and requested a change in the status request. The Tribunal confirmed that her request for Party status had changed to a request for Participant status (received on April 16, 2025), and submitted issues of concern, including but not limited to:

• Health, Safety, and Security;
• Proximity to a school, parks, and recreation facilities;
• Long-term impact of use, nature of storage, servicing, employment, and integration with the community; and
• Other related land use planning issues such as height, traffic during peak periods, and neighbourhood impact.

6A second written request for Participant status was also received from Dean Orr, dated April 7, 2025, outlining his disfavour with the Application, as a Rural Planning graduate from the University of Guelph. Although Mr. Orr was not present at the CMC, his written objections to the Applications included, but were not limited to, the following:

• A self-storage facility is an inappropriate use;
• The facility does not meet the C3-1 Commercial Shopping Centre definition/designation on the Subject Property under the Township’s Zoning By-law No. 2016-71, referencing that a “Storage Depot” is specifically not permitted; and
• There is a preference for a mixed-use, multi-storey, medium-density housing development option for the Subject Property.

7There were no objections from the Parties to either of the two requests, although Counsel for the Appellant indicated there would be a more appropriate time to respond to these issues. Therefore, the Tribunal conferred Participant status to Anna Belz and Dean Orr.

8The Parties agreed to the following requests of the Tribunal, on consent, including:

1. The postponement of a Mediation Assessment, scheduled following this CMC;
2. The scheduling of a further CMC sometime during the month of October 2025;
3. A request for a 15-day Merit Hearing in April 2026 at the discretion of the Tribunal; and,
4. Consideration of an initial draft Procedural Order and Issues List (“PO/IL”), submitted just prior to the CMC.

9The Tribunal was encouraged by the efforts of Counsel for the Parties to continue their dialogue and scope issues, to possibly reduce the length of the requested Merit Hearing. They also shared their potential mutual interest in Tribunal-led mediation at the appropriate time.

10After careful consideration around scheduling with both Parties around future dates and availability, and the Tribunal’s schedule, the following directions were provided:

1. The Mediation Assessment scheduled immediately following this CMC, is postponed to a future date on consent of the Parties, and subject to the Tribunal’s schedule;
2. A further CMC is scheduled on Monday, September 15, 2025, by Video Hearing, with details outlined below;
3. A Merit Hearing is scheduled to commence for a total of 11 days on Thursday, February 12, 2026, to Friday, February 27, 2026, at 10 a.m., by Video Hearing, with details outlined below. The Tribunal will not be sitting on Monday, February 16, 2026; and,
4. An updated draft PO/IL shall be submitted to the Tribunal on or before Friday, June 20, 2025, along with any other details updating the Case Coordinator.

11The CMC and the Merit Hearing are scheduled to proceed by video as follows:

Monday, September 15, 2025, at 10 a.m. (One-day CMC)

GoTo Meeting: https://global.gotomeeting.com/join/709076365

Access Code: 709-076-365

Audio-only Telephone Line: (Toll-Free) 1-888-299-1889 or +1 (647) 497-9373

Audio-only Access Code: 709-076-365

Thursday, February 12, 2026, to Friday, February 27, 2026 at 10 a.m. (11-day Merit Hearing, excluding Monday, February 16, 2026)

GoTo Meeting: https://global.gotomeeting.com/join/344779885

Access Code: 344-779-885

Audio-only Telephone Line: (Toll-Free) 1-888-299-1889 or +1 (647) 497-9373

Audio-only Access Code: 344-779-885

12Parties and Participants are asked to log into the Video Hearing at least 15 minutes before the start of the event to test their video and audio connections.

13Parties and Participants are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoTo Meeting or a web application is available: https://app.gotomeeting.com/home.html

14Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line.

15Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the hearings by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.

ORDER

16THE TRIBUNAL ORDERS that:

a) The date and particulars of a further Case Management Conference related to the Appeals, is hereby confirmed;

b) The dates and particulars of a Merit Hearing related to the Appeals are also hereby confirmed; and,

c) All other directions in this Decision are so ordered.

17The Member is available to assist with any other issues that may arise, but is not seized on this matter.

18There will be no further notice.

“Steven T. Mastoras”

STEVEN T. MASTORAS

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.