Argo Kennedy Ltd. v. Caledon (Town), 2025 CanLII 9135

Ontario Land Tribunal

Issue Date: February 7, 2025

Case Nos.: OLT-22-000520 OLT-23-001291

Proceedings

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

Applicant/Appellant: Argo Kennedy Limited Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: To redesignate the subject property to facilitate a residential development Reference Number: POPA 2021-0009 Property Address: Mayfield West Secondary Plan Area Municipality/UT: Caledon/Peel OLT Case No: OLT-23-000520 OLT Lead Case No: OLT-23-000520 OLT Case Name: Argo Kennedy Ltd. v. Caledon (Town)

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

Applicant/Appellant: Argo Kennedy Limited Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit the development of a residential subdivision including single detached homes, rear-lane and back-to-back townhomes, and a medium density block Reference Number: PRE 2021-0013 Property Address: 12891 Hurontario Street, 0 Old School Road, and 3431 Old School Road Municipality/UT: Caledon/Peel OLT Case No: OLT-23-001291 OLT Lead Case No: OLT-23-001291 OLT Case Name: Argo Kennedy Ltd. v. Caledon (Town)

PROCEEDING COMMENCED UNDER section 51(34) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Applicant/Appellant: Argo Kennedy Limited Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision Description: To permit the development of a residential subdivision including single detached homes, rear-lane and back-to-back townhomes, and a medium density block Reference Number: PRE 2021-0013 Property Address: 12891 Hurontario Street, 0 Old School Road, and 3431 Old School Road Municipality/UT: Caledon/Peel OLT Case No: OLT-23-001292 OLT Lead Case No: OLT-23-001291

BEFORE: S. BRAUN VICE CHAIR Friday, the 7th day of February, 2025

Order

THESE MATTERS, having come before the Tribunal as a written Hearing to consider a settlement reached between Argo Kennedy Limited (“Appellant”) and the Town of Caledon (“Town”) in respect of the form and content of an Official Plan Amendment, Zoning By-law Amendment, Draft Plan of Subdivision and a set of Draft Plan Conditions (collectively, “Settlement Instruments”) in respect of the property located at 12891 Hurontario Street, 0 Old School Road and 3431 Old School Road;

AND THE TRIBUNAL having received motion materials in support of the proposed settlement, requesting an Interim Order of the Tribunal approving the Settlement Instruments, in principle, and withholding its Final Order, pending confirmation that an appeal by the Ministry of Municipal Affairs and Housing of the Town’s Zoning By-law 2024-051 (Tribunal File OLT-24-000845) has been withdrawn;

AND THE TRIBUNAL having been advised that there are no Parties to the within proceeding that object to the Tribunal granting totality of the relief requested;

AND THE TRIBUNAL having reviewed the materials filed in support of the settlement, including the sworn affidavit evidence of Jason Afonso (MCIP, RPP), whom the Tribunal herein recognizes as qualified to assist the Tribunal in its deliberations through opinion evidence in the area of land use planning;

AND THE TRIBUNAL having accepted the uncontroverted evidence of Mr. Afonso, demonstrating that the proposal:

• facilitates orderly development of a safe and healthy, pedestrian and cyclist-friendly, transit-oriented community with a range and mix of land uses, housing forms and densities (including affordable housing) in an appropriate location for growth;
• makes efficient use of services and infrastructure and accommodates and integrates future transportation and transit systems, ensuring identified portions of the subject lands will not be developed until confirmation is received that protecting those lands for the future transportation/utility corridor is no longer required;
• aids in the reduction of greenhouse gas emissions through implementation of complete community principles, low impact development measures and promotion of green infrastructure;
• respects and appropriately integrates natural heritage features and built heritage resources; and
• will support the Town’s ability to accommodate forecast population and employment growth to 2036;

AND THE TRIBUNAL being satisfied that the Settlement Instruments attached to this Order each have appropriate regard for applicable matters of provincial interest in s. 2 of the Planning Act and the relevant plan of subdivision criteria in s. 51 of the Planning Act; are consistent with the Provincial Planning Statement, 2024; and conform with the Town of Caledon Official Plan, inclusive of the Caledon-related portions of the former Peel Region Official Plan;

AND THE TRIBUNAL having been satisfied that the Draft Plan Conditions are reasonable, relevant and necessary, having regard to the nature of the proposed development;

AND THE TRIBUNAL having been further satisfied that approval of the versions of the Settlement Instruments attached to this Order will conform with and implement the goals, objectives and planned intent for the Mayfield West Phase 3, Stage 1 Secondary Plan Area and overall, represent good planning in the public interest;

AND THE TRIBUNAL having been advised that a Final Order approving the Settlement Instruments requires the appeal by the Ministry of Municipal Affairs and Housing of Zoning By-law 2024-051 (Tribunal File OLT-24-000845) to first be resolved;

NOW THEREFORE THE TRIBUNAL ORDERS

1. The appeals filed in OLT-23-000520 and OLT-23-001291 are allowed, in part, on an interim basis, and the following instruments are approved, in principle:

   a. The version of the Mayfield West Phase 3, Stage 1 Secondary Plan included as Attachment “A”;

   b. The version of the Zoning By-law Amendment included as Attachment “B”;

   c. The version of the Draft Plan of Subdivision shown on the plan prepared by A.U. Kumaranayake dated April 20, 2022 and included as Attachment “C”;

   d. The version of the Draft Plan Approval Conditions included as Attachment “D”; and

2. Pursuant to s.51(56.1) of the Planning Act, the Town shall have the authority to clear the conditions of draft plan approval and to administer final approval of the plan of subdivision for the purposes of s. 51(58) of the Planning Act.

3. The Tribunal will withhold the issuance of its Final Order, contingent upon confirmation that the appeal in OLT-24-000845 has been withdrawn.

4. If the Parties do not provide confirmation of the contingent prerequisite in paragraph [3] above and do not request issuance of the Final Order within 120 days of the issuance of this Order, the Parties shall provide a written status update on or before that date, setting out the expected timing of the expected satisfaction of the contingent prerequisite and request for issuance of the Final Order;

5. The Panel member will remain seized for the purposes of the issuance of the Final Order and, in the event that there are any difficulties implementing this Order, the Tribunal may be spoken to.

“Euken Lui”

ACTING REGISTRAR

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

ATTACHMENT “A”

ATTACHMENT “B”

ATTACHMENT “C”

ATTACHMENT “D”