Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
June 14, 2021
CASE NO(S).:
PL180954
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
2278082 Ont. Inc. (James Dick Construction Ltd.)
Appellant:
A & W Food Services of Canada Inc.
Appellant:
McDonalds Restaurants of Canada Ltd
Appellant:
Ministry of Municipal Affairs and Housing; and others
Subject:
Proposed Official Plan Amendment No. OPA 31
Municipality:
Town of Milton
OLT Case No.:
PL180954
OLT File No.:
PL180954
OLT Case Name:
2278082 Ont. Inc. Et al v. Milton (Town)
Case Name: 2278082 Ont. Inc. Et al v. Milton (Town)
BEFORE:
SHARYN VINCENT
Monday, the 14th
ASSOCIATE CHAIR
day of June, 2021
THIS MATTER having come before the Tribunal for a case management conference on March 5, 2021, on consent, at 10:00 a.m. by videoconference;
AND THE TRIBUNAL having received the affidavit evidence of David Twigg, sworn February 22, 2021, including the attached Minutes of Settlement between the Town of Milton, Halton Region and McDonald’s Restaurants of Canada Limited, Ontario Restaurant & Motel Association and A & W Food Services of Canada Inc. (the “DTF Appellants”);
AND THE TRIBUNAL having been advised that the parties consent to the relief sought;
THE TRIBUNAL ORDERS:
That the appeals by the DTF Appellants are allowed in part;
That Policy 3.5.3.13 (CBD – UGC) of OPA 31 is modified to read as follows:
Land uses and built form, including drive-through service facilities and automotive related uses, which could detract from the character and function of the MTSA and adversely affect the achievement of the minimum development density target, compact built form, and pedestrian-oriented environments shall only be permitted on the basis of a site-specific amendment to this Plan.
In considering applications for site-specific Official Plan amendments, such applications will need to demonstrate the following:
i. It is demonstrated that there are no suitable alternative locations outside the CBD – UGC to accommodate access for persons with disabilities to the proposed facility or service;
ii. The proposal is consistent with the planned character and function of the MTSA and the overall CBD – UGC;
iii. The proposal will not preclude or inhibit the achievement of the minimum density requirements for the MTSA and the overall CBD –UGC, including current or future opportunities for intensification and the development of sensitive land uses, on or adjacent to the site;
iv. The proposal will be compatible with a compact built form by, for example, incorporating accessory drive throughs in the base of a multi-story building where possible;
v. The proposal will support walkable neighbourhoods through, for example, minimal sidewalk interruptions for vehicle access, buildings oriented to actively address streets and other design features to establish a pedestrian-friendly streetscape along roads.
Where permitted, automobile-oriented development shall be designated to reinforce street edges, achieve a pedestrian scale and contribute to a high quality public realm and streetscapes through a combination of site planning, landscaping and built form in accordance with the Town’s Urban Design Guidelines.
- That Policy 2.1.6.4 (Major Nodes and Minor Sub-Nodes) of OPA 31 is modified to read as follows:
Automobile-oriented uses such as drive-throughs, which detract from the character and function of nodes and adversely affect the achievement of the minimum required density, compact built form and pedestrian-oriented environments shall be discouraged.
Automobile-oriented uses such as drive-throughs will only be permitted through a site-specific Zoning By-Law amendment, subject to the fulfillment of the following criteria:
vi. It is demonstrated that there are no suitable alternative locations outside the node to accommodate access for persons with disabilities to the proposed facility or service;
vii. The proposal is consistent with the planned character and function of the node;
viii. The proposal will not preclude or inhibit the achievement of the minimum density requirement for the node, including current or future opportunities for intensification and the development of sensitive land uses, on or adjacent to the site;
ix. The proposal will be compatible with a compact built form by, for example, incorporating accessory drive throughs in the base of a multi-storey building where possible;
x. The proposal will support walkable neighbourhoods through, for example, minimal sidewalk interruptions for vehicle access, buildings oriented to actively address streets and other design features to establish a pedestrian-friendly streetscape along roads.
Where permitted, automobile-oriented development shall be designed to reinforce street edges, achieve a pedestrian scale and contribute to a high quality public realm and streetscapes through a combination of site planning, landscaping and built form in accordance with the Town’s Urban Design Guidelines.
“Becky Fong”
BECKY FONG
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.