Sarah Properties Ltd. v. Orangeville (Town), 2023 CanLII 28252

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: April 04, 2023

CASE NO(S).: OLT-22-002427 (Formerly PL210123)

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

Applicant and Appellant: Sarah Properties Ltd.

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

Existing Designation: Employment Area

Proposed Designated: Low Density Multiple, High Density Residential Special and Neighbourhood Commercial

Purpose: To permit a mixed-use development consisting of 140 bungalow townhouses; three 8-storey apartment buildings containing 270 units; and three 140 square metres of neighbourhood commercial uses

Property Address/Description: Blocks 62, 63, & 64, Registered Plan 7M-47

Municipality: Town of Orangeville

Approval Authority File No.: OPZ 5/19

OLT Case No.: OLT-22-002427

Legacy Case No.: PL210123

OLT Lead Case No.: OLT-22-002427

Legacy Lead Case No.: PL210123

OLT Case Name: Sarah Properties Ltd. v. Orangeville (Town)

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

Applicant and Appellant: Sarah Properties Ltd.

Subject: Application to amend Zoning By-law No. 22-90 – Refusal or neglect of the Town of Orangeville to make a decision

Existing Zoning: General Industrial (M1)

Proposed Zoning: Residential Fifth Density (R5), Multiple Residential High Density (RM2) Zone, Neighbourhood Commercial (C2) Zone and Open Space – Conservation (OS2) Zone with Special Provisions

Purpose: To permit a mixed-use development consisting of 140 bungalow townhouses; three 8-storey apartment buildings containing 270 units; and three 140 square metres of neighbourhood commercial uses

Property Address/Description: Blocks 62, 63, & 64, Registered Plan 7M-47

Municipality: Town of Orangeville

Approval Authority File No.: OPZ 5/19

OLT Case No.: OLT-22-002428

Legacy Case No.: PL210124

OLT Lead Case No.: OLT-22-002427

Legacy Lead Case No.: PL210123

Heard: November 17, 2022 and February 3, 2023 by Video Hearing

APPEARANCES:

Parties

Counsel

Sarah Properties Ltd.

Patrick Harrington

Town of Orangeville

Andrew Biggart

MEMORANDUM OF ORAL DECISION DELIVERED BY C.I. MOLINARI AND HUGH S. WILKINS ON FEBRUARY 3, 2023 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This Decision arises from a settlement hearing that was held regarding an appeal brought by Sarah Properties Ltd. (“Appellant”) concerning the failure of the Town of Orangeville (“Town”) to make a decision on the Appellants’ applications for an official plan amendment (“OPA”) and zoning by-law amendment (“ZBLA”) to facilitate development on the lands located on Blocks 62, 63 and 64, Registered Plan 7M-47 (“Subject Lands”) in what is known as the Veterans’ Way South Community (“VWSC”).

2The Subject Lands are made up of three vacant blocks of a plan of subdivision, which are proposed for development of a mixed-use development consisting of 104 bungalow townhouses, three 8-storey apartment buildings containing 270 units, and 3,140 square metres of low-rise commercial uses. There is a fourth block which is not subject to the appeal and is to be dedicated to the Town for open space purposes.

3The Subject Lands are currently designated ‘Employment Area’ in the Town Official Plan (“TOP”) and zoned ‘General Industrial (M1)’ in the Town’s Zoning By-law No. 22-90, as amended (“ZBL”). The current TOP designation allows for a range of employment uses, including industrial, commercial and mixed-use (i.e. residential above commercial) uses. The current zoning permits a range of traditional industrial uses, as well as business or professional office uses, hotel or motel uses, and accessory retail stores or service establishments. Stand-alone retail or service establishment uses, as well as residential uses, are not listed as permitted uses.

4The proposed OPA redesignates the Subject Lands from ‘Employment Area’ to ‘Residential’ and ‘Neighbourhood Commercial’ and to remove a restriction on the maximum number of residential units permitted in the VWSC. The proposed ZBLA rezones the Subject Lands from ‘General Industrial (M) Zone to ‘Multiple Residential Medium Density (RM1)(H) Zone’, ‘Multiple Residential High Density (RM2)(H) Zone’ and ‘Neighbourhood Commercial (C2)(H) Zone’.

5Two Case Management Conferences (“CMCs”) were held wherein the Appellant and the Town indicated that they were open to a settlement, and Transmetro Limited/Cachet Developments (Orangeville) Inc. (“Cachet”), owner of an adjacent property, requested and was granted party status. Cachet has since withdrawn as a party to the appeals. The County of Dufferin (“County”) was not party to the proceedings.

6At the November 17, 2022 settlement hearing, it was proposed to the Tribunal to approve the proposed OPA and ZBLA on consent of all parties as a settlement of the appeals. The Tribunal raised concerns regarding the proposed re-designation of employment lands to residential and commercial, and the Parties undertook to revise the proposed OPA to a site-specific amendment to allow for stand-alone residential uses in the ‘Employment Area’ designation rather than a redesignation to ‘Residential’ and ‘Neighbourhood Commercial’. Hence, the need for the subsequent settlement hearing held on February 3, 2023.

7At the February 3, 2023 settlement hearing, the Appellant filed with the Tribunal a final version of the proposed OPA on consent, which maintains the ‘Employment Area’ designation with a site-specific permission for stand-alone residential uses. The proposed ZBLA was also resubmitted on consent and remains unchanged from the version submitted at the November 17, 2022 settlement hearing. At the February 3, 2023 settlement hearing, it was noted that the proposed OPA required a technical modification to the proposed wording in Clause E8.64.2.i. The proposed OPA was subsequently revised and filed with the Tribunal.

ISSUES

8The issues that the Tribunal must address when adjudicating an OPA and ZBLA appeal are whether the proposed instruments:

a) are consistent with policy statements issued by the Minister (in this case, the Provincial Policy Statement, 2020 (“PPS”));

b) conform with applicable provincial plans (in this case, the Growth Plan for the Greater Golden Horseshoe, 2019 (“Growth Plan”));

c) conform with applicable official plans (in this case, the Dufferin County Official Plan (“COP”) and, for the proposed ZBLA, the Town of Orangeville Official Plan (“TOP”)); and,

d) represent good planning.

9The Tribunal must have regard to the matters of provincial interest set out in s. 2 of the Planning Act and have regard to the information and materials that City Council received in relation to the matters under s. 2.1(2) of the Planning Act.

EVIDENCE AND SUBMISSIONS

10The Appellant filed affidavits affirmed by Dave Hannam dated November 2, 2022 and January 27, 2023, in support of the proposed settlement. Mr. Hannam is a land use planner retained by the Appellant. He also provided oral testimony at the settlement hearing. The Tribunal qualified him to provide opinion evidence in the area of land use planning.

11The Town supports the proposed settlement but did not provide evidence at the settlement hearing.

12Mr. Hannam opined that the proposed OPA and ZBLA are consistent with the PPS. He said the proposed instruments promote an efficient development, which provides an appropriate range and mix of housing types and densities for a more affordable form of housing, and supports the achievement of an accessible and complete community.

13Mr. Hannam opined that the proposed OPA and ZBLA conform with the Growth Plan. He stated that the ‘Employment Area’ designation in the TOP permits both residential and commercial uses and the proposed development optimizes land use and infrastructure, encourages a diverse range and mix of housing options and densities and supports the achievement of complete communities. Mr. Hannam proffered that based on the Land Needs Assessments (“LNAs”) that were undertaken at both the County and Town levels, with respect to employment land needs, there is a surplus of employment lands and the proposed development would not compromise the supply of employment lands within the Town.

14Mr. Hannam opined that the proposed OPA and ZBLA conform with the COP, and in particular, the policies that focus growth within urban settlement areas and which are to accommodate a broad range of uses, efficiently use land and infrastructure, promote redevelopment of vacant sites, contribute to the County’s minimum density targets, and provide a range of housing types and densities to contribute to the creation of complete communities.

15Similarly, Mr. Hannam opined that the proposed OPA and ZBLA conform with the TOP. Mr. Hannam stated that the TOP ‘Employment Area’ designation permits residential uses above any commercial building and that the proposed OPA simply alters the built form of the permitted residential use to a permission that includes stand-alone residential apartment buildings and townhouse dwellings. Mr. Hannam proffered that the proposed OPA is also necessary to increase the permitted residential density within the VWSC. He opined that the increase in density would help alleviate the housing shortfall identified in the LNAs and that it is appropriate to accommodate additional residential growth on the Subject Lands.

16Mr. Hannam opined that the proposed ZBLA “is appropriate and desirable and will implement the overarching Municipal, County and Provincial policy directions that permit a mix of residential and commercial uses on the Subject Lands, in a compact built form that is compatible with its existing and planned context, and which will efficiently utilize an existing vacant site that is well served by municipal infrastructure.”

17Mr. Hannam stated that the proposed development has regard to the applicable matters of provincial interest set out in s. 2 of the Planning Act, including those related to the orderly development of safe and healthy communities, the provision of housing, the appropriate location for growth and development, the promotion of sustainable, transit supportive development, and the promotion of well-designed built form.

FINDINGS

18Based on Mr. Hannam’s opinion evidence, the Tribunal finds that the proposed OPA and ZBLA are consistent with the PPS and conform with the Growth Plan, the COP and the TOP, and that the proposed ZBLA is appropriate to implement the Municipal, County and Provincial policy directions.

19The Tribunal has had regard to the applicable policies and guidelines and the matters of provincial interest in s. 2 of the Planning Act as well as the information and materials that Town Council received in relation to the matter. The Tribunal finds that the proposed OPA and ZBLA constitute good planning.

ORDER

20The Tribunal orders the appeals are allowed in part.

21The Tribunal orders that the Town of Orangeville Official Plan and Zoning By-law No. 22-90, as amended, be amended in accordance with the Official Plan Amendment and Zoning By-law Amendment attached as Attachments 1 and 2, respectively, to this Order and Decision.

22The Tribunal authorizes the municipal clerk to format, as may be necessary, and assign numbers to the Official Plan Amendment and Zoning By-law Amendment for record keeping purposes.

“C.I. Molinari”

C.I. MOLINARI

MEMBER

“Hugh S. Wilkins”

HUGH S. WILKINS

VICE-CHAIR

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

The Corporation of the Town of Orangeville

By-law Number

A By-law to Adopt Amendment No. 131

to the Official Plan for the Town of Orangeville

(Sarah Properties Limited.: Blocks 60, 62, 63 and 64, Plan 7M-47

OPZ-2019-05)

The Ontario Land Tribunal, in accordance with the provisions of Section 22 of the Planning Act, R.S.O. 1990, c.P.13 and amendments thereto, hereby enacts as follows:

1. Amendment No. 131 to the Official Plan for the Town of Orangeville, consisting of the attached explanatory text, is hereby adopted.

Passed by an Order of the Ontario Land Tribunal Order issued on

________________________.

The Official Plan

for the

Town of Orangeville

Amendment No. 131

The attached explanatory text and key map, constituting Amendment Number 131 to the Official Plan for the Town of Orangeville, was adopted by an Order of the Ontario Land Tribunal issued on __________, upon the hearing of an appeal under Case No. OLT-22-02427 with respect to an application filed by Sarah Properties Limited. to amend the Town of Orangeville Official Plan for lands described as Blocks 60, 62, 63 and 64 on Plan 7M-47, in accordance with the provisions of Section 22 of the Planning Act, R.S.O., 1990, c. P.13, as amended.

The Official Plan

For the Town of Orangeville

Amendment No. 131

Part A – The Preamble

1. Purpose of the Amendment

The purpose of this Amendment is to amend the area-specific policies of the Veterans’ Way South Community (E8.64) as they apply to the lands described legally as Blocks 62, 63 & 64, Registered Plan 7M-47, Town of Orangeville (the “Town”), County of Dufferin (the “Subject Lands”) to permit a mixed use development consisting of three (3) eight-storey apartment buildings , 104 townhouse dwellings, and approximately 3,140 square metres of commercial floor space.

2. Location

This amendment applies to the Subject Lands, shown on Key Map attached as Appendix 1. The lands are comprised of three irregularly-shaped parcels generally located south of Hansen Boulevard and east of Dufferin County Road 16. The subject lands are currently vacant and have a combined area of 9.3 hectares (23 acres). Land uses surrounding that Subject Lands consist of open space conservation to the north west, residential and open space (park) uses to the east, and inactive rail corridor and commercial beyond to the south.

3. Basis of the Amendment

A site-specific application to amend the Town of Orangeville Official Plan (the “Town OP”) was submitted on August 14, 2019, by Sarah Properties Limited, the owner of the Subject Lands (the “Application”).

The Subject Lands are situated within the Veterans’ Way South Community Policy Area (Section E8.64) and are designated as “Employment Area” in the Town OP.

The Veterans’ Way South Community Policy Area (the “Policy Area”) applies to a broader 50.58-hectare (125-acre) area generally located north of Broadway and the Orangeville- Brampton railway line, east of Veterans’ Way and west of Pheasant Drive. The Development Concept policies (E8.64.2) for the Policy Area describe the intended framework for development of the Veterans’ Way South Community, which includes, among other elements, the provision of a range of residential uses, types and affordability.

The Employment Area designation policy E8.64.5.4.1 within the Policy Area allows institutional and commercially-oriented uses, in addition to a traditional range of employment uses (i.e. manufacturing, warehousing, etc.) permitted in this designation. Policies E8.64.5.4.1 b) and c) state that commercial and/or institutional uses within the Employment Area designation require zoning by-law amendment approvals in order to proceed. In addition, policy E8.64.5.4.3 states that “Residential uses above any commercial building will be encouraged either at the initial development stage or as a future intensification opportunity.”, where such commercial uses have been established through a zoning by-law amendment approval process pursuant to policies E8.64.5.4.1 c) and E8.64.5.4.2.

To permit the proposed mixed-use development on the Subject Lands, an Official Plan amendment is required. The amendment will add policies to the Policy Area to specifically permit standalone residential uses (apartment buildings and townhouse dwellings) where a mixed use building is permitted. The amendment will also remove the 400 unit “cap” on residential units, as the original maximum number has already been surpassed through previous amendments.

On January 27, 2020, a statutory public meeting was held for public review and comment on the Application. In preparing the current amendment, the Town has considered several planning objectives, constraints, and interests of the community. The proposed use of the Subject Lands will contribute to the achievement of complete communities, and will provide for a diverse range and mix of housing, while continuing to provide commercial uses to serve the area. The proposed use will contribute to the Town’s objectives to provide a range and mixture of housing options and tenures. The amendment complies with the intent of the Town OP policies found under Section I12 with respect to the criteria that are to be considered when amending the Town OP.

The basis for this amendment is summarized as follows:

1. The proposed development is consistent with the Provincial Policy Statement.

2. The proposed development conforms to the Growth Plan for the Greater Golden Horseshoe.

3. The proposed development conforms to the Dufferin County Official Plan.

4. The proposed development conforms to the general intent and purpose of the Town Official Plan.

Part B – The Amendment

The Official Plan for the Town of Orangeville is hereby amended as follows:

1. Section E8 “Policies for Specific Areas” of the Plan is amended by amending Section E8.64 Veteran’s Way South Community as follows:

a) Clause E8.64.2.i is deleted and replaced with the following

“i) The provision of a range of residential uses, types and affordability at an appropriate scale and density”.

b) By amending Clause E8.64.5.4.3 by adding the following paragraph:

“a) Notwithstanding the above, on Blocks 62, 63 and 64 on Registered Plan 7M-47, residential apartment buildings and townhouse dwellings may be permitted.”

ATTACHMENT 2