Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 1, 2021
CASE NO(S).: PL170847
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Mod-Aire Homes Limited
Subject: Proposed Official Plan Amendment No. BWG-OPA-1727
Municipality: Town of Bradford West Gwillimbury
OLT Case No.: PL170847
OLT File No.: PL170847
OLT Case Name: Mod-Aire Homes Limited v. Bradford West Gwillimbury (Town)
Heard: September 16, 2021 by video hearing
APPEARANCES:
Parties
Counsel
Mod-Aire Homes Limited
Bruce Engell
Town of Bradford West Gwillimbury
Leo Longo
County of Simcoe
Marshall Green (“in absentia”)
Milford Development Limited
Andy Margaritis
MEMORANDUM OF ORAL DECISION DELIVERED BY M.A. SILLS ON SEPTEMBER 16, 2021 AND ORDER OF THE TRIBUNAL
1This was the first Case Management Conference in the matter of an appeal of Official Plan Amendment No. 27 (“OPA 27”) as it affects the lands owned by Mod-Aire Homes Limited (“Mode-Aire”) at the north-east corner of Professor Day Drive and Holland Street, and municipally described as Part of Lot 14, Concession 7 (the “subject lands”), in the Town of Bradford West Gwillimbury (“Town”).
2The subject lands comprise an area of approximately 18 acres of undeveloped lands. Mod-Aire previously submitted a site plan application for the subject lands and now wants to proceed with Phase 1 of that plan.
3OPA 27 amends Schedule ‘B’ of the Town Official Plan (“TOP”) to redesignate certain lands identified from “Commercial Core”, “Industrial-Commercial”, “Residential”, and “Service Commercial”, respectively, to “Residential”, “Commercial Core”, “Commercial Core Special Policy Area 5.3.10”, and “Commercial Core Special Policy Area 5.3.11”, respectively; introduces a new maximum height Schedule ‘B-1’ into the TOP; and amends the text of the TOP in order to implement the remaining recommendations of the Downtown Bradford Revitalization Study and other Town planning projects.
4Town Council adopted OPA 27 on March 21, 2017, and subsequently forwarded the implementing by-laws to the County of Simcoe (the “County”) for approval. The County approved OPA 27, with modifications, on June 27, 2017.
5Mode-Aire is opposed to Policy 5.3.11(d) of OPA 27 and has brought this appeal pursuant to s. 17(36) of the Planning Act. Policy 5.3.11(d) applies to the lands between Professor Day Drive/Melbourne Drive to just west of Thornton Avenue, and stipulates that:
A master plan that addresses conformity with the policies of this Plan and urban design brief shall first be required in support of any zoning by-law amendment to permit new development.
6Mr. Longo, speaking on behalf of the County of Simcoe’s (“County”) solicitor, Marshall Green, who was unable to attend this CMC, advised the Tribunal that as the approval authority for the implementing by-laws, the County is seeking to maintain party status in this appeal. The Tribunal recognizes the County as a party to this matter.
7The Tribunal received a Party Status Request form from Millford Development Limited (“Millford”) in advance of this CMC. Millford owns approximately 13 acres of land located northeast of Holland Street and Professor Day Drive (the “Millford Lands”).
8Andy Margaritis maintains the Millford Lands are directly impacted by the appeal because the policy being disputed by Mode-Aire is proposed to apply within an area that includes the Millford Lands. According to Mr. Margaritis, the proposed settlement between Mode-Aire and the Town will effect changes to the approved OPA 27 policies that have the potential to impact the uses of the Millford Lands. He confirmed that although it did not file an appeal, Millford did make submissions to the Town prior to Council’s adoption of OPA 27, and otherwise, satisfies both conditions under s. 17(44.2) of the Planning Act. He further submits that Millford’s involvement in the hearing will assist the Tribunal in resolving the issues in the appeal.
9Without objection, the Tribunal granted party status to Millford. However, as the Mode-Aire appeal is brought pursuant to s. 17(36) of the Planning Act, involvement by Millford in this appeal is subject to Rule 8.3 of the Tribunal Rules of Practice and Procedure, including that a non-appellant party must shelter under an issue raised in an appeal by the appellant party, and may participate fully in the proceeding to the extent that the issue remains in dispute.
10Leo Longo confirmed that the Town, Mod-Aire and Millford are currently involved in discussions.
11Bruce Engell informed the Tribunal that Mode-Aire and the Town have a tentative settlement, which is scheduled to be put before Town Council at its meeting on September 21, 2021.
12In the event the settlement is endorsed by Town Council, Mr. Engell is to contact the Tribunal’s Case Coordinator having carriage of this file for the scheduling of a one-day hearing.
13Otherwise, a two-day Hearing on the Merits will be scheduled. In consideration of the defined issue(s) in dispute and the expected duration of the Hearing on the Merits, a Procedural Order will not be required.
14Since this CMC, Mr. Engell has confirmed that Town Council did approve the settlement between the City and Mode-Aire. Mode-Aire, with the support of Mr. Longo, has requested that a one-day settlement hearing be scheduled on the Tribunal’s calendar.
15Accordingly, the Tribunal has scheduled a one-day video hearing for Wednesday, December 8, 2021 beginning at 10 a.m.
16Parties 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:
https://global.gotomeeting.com/join/940890293
Access code: 940-890-293
17Parties 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 GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html
18Persons 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: +1 (647) 497-9373 or (Toll-Free) 1 (888) 299-1889. The access code is 940-890-293.
19Individuals 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 hearing 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.
20No further notice will be provided.
21This Member is not seized.
“M.A. Sills”
M.A. SILLS
MEMBER
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.