CORRECTION NOTICE

OLT CASE NO(S).: OLT-23-000063 (Formerly PL101316)

DECISION ISSUE DATE(S): January 31, 2023

CORRECTION NOTICE ISSUE DATE: March 03, 2023

RE: Milton Meadows Properties Inc. v. Milton (City)

Correction to: Two of the recorded Appearances of Counsel for two of the Parties in the Appearances List on page 2 of the Decision, which were inadvertently switched.

Originally:

Corrected to:

APPEARANCES:

Parties Counsel

Milton Meadows Eileen Costello Properties Ltd.

Town of Milton Meaghan McDermid and Neil Davis

APPEARANCES:

Parties Counsel

Milton Meadows Meaghan McDermid Properties Ltd. and Neil Davis

Town of Milton Eileen Costello

“Euken Lui”

EUKEN LUI 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.

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: January 31, 2023

CASE NO(S).: OLT-23-000063 (Formerly PL101316)

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

Applicant/Appellant: Milton Meadows Properties Inc

Subject: Proposed Plan of Subdivision – Failure of Town of Milton to make a decision

Description: To permit the construction of a proposed plan of subdivision commonly known as Royal Park Homes

Reference Number: 24T-07002/M

Property Address: Part Lots 4 and 5, Concession 1, Esquesing

Municipality: Town of Milton

OLT Case No.: OLT-23-000063

Legacy Case No.: PL101316

OLT Lead Case No.: OLT-23-000063

Legacy Lead Case No.: PL101316

OLT Case Name: Milton Meadows Properties Inc. v. Milton (Town)

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

Applicant/Appellant: Milton Meadows Properties Inc.

Subject: Request to amend the Official Plan - Refusal of request by Town of Milton

Description: To fulfill requirements for a Tertiary Plan as outlined in the Sherwood Survey Secondary Plan to permit the construction of a proposed plan of subdivision commonly known as Royal Park Homes

Reference Number: LOPA-01/07

Property Address: Part Lots 4 and 5, Concession 1, Esquesing

Municipality: Town of Milton

OLT Case No: OLT-23-000067

Legacy Case No: PL101417

OLT Lead Case No: OLT-23-000063

Legacy Lead Case No: PL101316

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

Applicant/Appellant: Milton Meadows Properties Inc.

Subject: Application to amend Zoning By-law No. 144- 2003 - Refusal or neglect of Town of Milton to make a decision

Description: To permit the construction of a proposed plan of subdivision

Reference Number: Z-02/07

Property Address: Part Lots 4 and 5, Concession 1, Esquesing

Municipality/UT: Town of Milton

OLT Case No.: OLT-23-000066

Legacy Case No.: PL101407

OLT Lead Case No.: OLT-23-000063

Legacy Lead Case No.: PL101316

Heard: In writing

APPEARANCES

Parties Counsel

Milton Meadows Properties Ltd. Eileen Costello

Town of Milton Meaghan McDermid and Neil Davis

Region of Halton David Germain

The Stronach Trust Steven O’Melia

Magna International Inc. and Magna Structural Systems Inc. Kailey Sutton

Granite Real Estate Investment Trust Lawrence Clarfield

Halton Region Conservation Authority Peter Pickfield

DECISION DELIVERED BY ERIC S. CROWE AND INTERIM ORDER OF THE TRIBUNAL

INTRODUCTION

1On April 10, 2014, the Ontario Land Tribunal (“OLT”), known as the Ontario Municipal Board (“OMB”) at the time, issued a decision (“April Decision”) to approve Milton Meadows Properties Ltd. (“Applicant” / “Milton Meadows”) first phase of the draft plan of subdivision and the draft plan conditions for the project's Phase 1 development.

2On July 22, 2014 the OMB issued a decision ("July Decision") approving the second phase of the draft plan of subdivision and the draft plan conditions for the project's Phase 2 development, and the modifications to the draft plan conditions for the Phase 1 (previously approved by April’s Decision), were approved. A consolidated set of the approved draft plan conditions for the Applicant’s Phase 1 and Phase 2 was provided with the July Decision.

3Pursuant to paragraph 19(5) of the July Decision, the Order was withheld until:

a. The Board is advised in writing, by counsel for the Region and the relevant landowners, that no pre-sales agreements have been executed by the parties, and registered on title, for the project's "phase 2" of the Milton Meadows plan of subdivision.

b. The Board is advised in writing, by the parties thereto, that the private agreements contemplated by the Minutes of Settlement filed as Exhibits 20 and 21 in this hearing's "Phase 2" (decision issued April IO, 2014) and the Minutes of Settlement themselves, have been registered against title in accordance with the Minutes of Settlement.

4The Tribunal has received Affidavit evidence from Rosemarie Humphries, a land use planner who submits with respect to the requirement in paragraph b. above and advises that the private agreements contemplated by the Minutes of Settlement have been executed and, along with the Minutes of Settlement, registered against title to the Milton Meadows property.

5Ms. Humphries also submits she was further informed that the Tribunal (previously OMB) was previously advised that the private agreements and their registration had been addressed, as this was also a requirement for issuance of the orders respecting the official plan amendments and zoning by-law amendments, per the OMB’s April Decision. These orders were issued by the OMB on February 12, 2016 after receiving confirmation that the same requirement as set out in paragraph b. above had been met.

6Ms. Humphries further submits, the requirement for the "no pre-sales agreement" in paragraph a. above arose from the fact that the Milton Meadows Phase 2 lands had not yet secured servicing allocation at the time of the July Decision. The purpose of the No Pre-Sales Agreement was to ensure that there would be no pre-sales of lots or blocks of the Milton Meadows Phase 2 lands until sufficient allocation of servicing capacity had been granted to these lands.

7Ms. Humphries confirms that Milton Meadows applied for and received sufficient allocation of servicing capacity for its Phase 2 lands. An Allocation Agreement with the Region was executed and registered against title to the Milton Meadows Phase 2 lands and the required funds have been paid, all of which took place in July and August, 2020. Accordingly, the requirement for a No Pre-Sales Agreement became unnecessary for its purpose.

BACKGROUND

8The Tribunal Issued April’s Decision to approve Phase 1 of a draft plan of subdivision (“Draft Plan”) for the subject lands, subject to conditions. The Order for the April’s Decision was initially withheld and was subsequently issued on February 12, 2016. Since then, the Tribunal has issued two Orders dated February 13, 2019 and February 10, 2022 extending the lapsing date for the Phase 1 Draft Plan. The current lapsing date is February 10, 2023.

9The Tribunal’s July Decision approved Phase 2 of the draft plan of subdivision which included a consolidated set of conditions for Phases 1 and 2 (“Conditions”) but withheld its Order pending the satisfaction of conditions set out in paragraph 19 section 5 of the July Decision (reproduced in paragraph 3 above).

10The Tribunals files have remained open so any revisions to the draft plan of subdivision and draft plan conditions could be dealt with.

11The Phase 2 Order has not been issued to date.

REQUEST

12Milton Meadows now seeks an Order of the Tribunal as follows (“Request”):

1. Approving certain red-line revisions to the Draft Plan;

2. Approving certain revisions to the Conditions;

3. Issuing the Phase 2 Order.

13The Tribunal has received the Request along with the proposed revisions to the Draft Plan and Conditions to these Appeals and have received consent in writing from all interested Parties, which includes the Town of Milton, Region of Halton, Conservation Halton, Granite Real Estate Investment Trust, Magna International Inc. and Magna Structural Systems Inc. Although circulated with the proposed revisions, the Parties understand that The Stronach Trust has sold its lands, as indicated in the Tribunal’s February 2019 Decision, and no response was received.

Revised/Redlined Draft Plan of Subdivision

14Ms. Humphries advised the Draft Plan has been further revised since the revised version prepared by Freeman Planning Solutions on October 28, 2013, this version was marked up to illustrate Phases 1 and 2 for the July Decision.

15The most recent revised Draft Plan is attached as Attachment 1 and has been redlined by Humphries Planning Group Inc. (“HPGI”) and the redlines dated January 27, 2022 no longer illustrate any phasing, as Milton Meadows has secured enough allocation through Halton Region's 2020 Allocation Program in order to fully build out the Milton Meadows property as a single phase.

16In addition to no longer illustrating any phasing, the Draft Plan has been redlined by HPGI to address Town of Milton Planning Department and Engineering Department comments, which include the following redlined changes:

a. Block 109 (0.3 reserve) was removed, as it is located entirely on the Street G right- of-way and therefore there is no reason to have a reserve on Town's lands;

b. Lots 19 and 20 have been merged with Block 110 and labeled as future development. These lots are providing grading transition and they cannot be developed without the adjacent lands to the west;

c. Lots 53, 54, 69 and 70 are shown as reserves blocks and not lots, as the 6.0 m temporary emergency access road forms part of the future lots; and,

d. Changes to the internal lot lines of some single detached dwelling lots, in order to provide more consistent lot frontages to provide for an efficiency in housing designs.

17In Ms. Humphries opinion, the Draft Plan 24T-07002/M, prepared by Freeman Planning Solutions, revised October 28, 2013 and redlined by HPGI January 27, 2022 is appropriate, represents good planning in the public interest and should be approved.

Revised Draft Plan Conditions

18Ms. Humphries submits the consolidated set of the approved Conditions for Milton Meadows that was approved in the July Decision have been updated by the Town of Milton, Halton Region and Conservation Halton. The updated Conditions are dated December 8, 2021 and are attached as Attachment 2.

19Changes to the Town of Milton's Conditions include the following:

a. Deletion of conditions that require conveyances as the conveyances that were referenced have already occurred;

b. Deletion of the condition that required an Environmental Site Assessment be completed prior to conveyances, now that the conveyances that were referenced have already occurred;

c. Deletion of requirements related to Regional works, now that such Regional works have been completed;

d. Removal of the phasing plan requirements, now that the Milton Meadows property has secured sufficient allocation to fully build out the plan of subdivision;

e. Conditions being added regarding the triangle shaped piece of land within the Old Tremaine Road right of way in proximity to Highway 401, that the land be acquired by Milton Meadows from Halton Region and that lots dependent on the triangle shaped piece of land not proceed until acquisition;

f. A condition added acknowledging the new property owner at 375 Market Drive, Town of Milton and requiring the new owner be circulated in accordance with Minutes of Settlement requirement or a waiver received from them;

g. An added condition for Milton Meadows to provide postponements of any outstanding encumbrances in favour of the Restrictive Covenants pursuant to the Minutes of Settlement;

h. An added condition that the Minutes of Settlement requirements regarding noise mitigation on the Business Park and Commercial Blocks be included in the Subdivision and Site Plan Agreements; and

i. Conditions added for additional warning clauses.

20Changes to the Region of Halton's conditions include the following:

a. Revised conditions recognizing Milton Meadows participation in the 2020 Halton Region Allocation Program providing for full servicing allocation for the project;

b. Revised conditions to reference latest policy documents, such as the Provincial Policy Statement, 2020;

c. Conditions revised to no longer reference phasing of plan registration;

d. An additional condition requiring a Functional Servicing Report with any required updates be submitted to the Region's satisfaction prior to registration;

21Changes to the Conservation Halton's Conditions include the following:

a. The removal of conditions associated with the watercourse realignment and related work, as these lands have been conveyed to the Region of Halton;

b. An added condition requiring that the watercourse realignment and related work be stabilized to Conservation Halton and Town of Milton's satisfaction;

c. A revised condition requiring a separate sediment and erosion control plan will be required for the following three phases of construction: 1) earthworks 2) servicing 3) home construction;

d. A revised condition requiring both monthly erosion and sediment control reports during construction, as well as after significant rainfall equal or greater than 10mm or snowmelt events;

e. An added condition that there are no in-water works undertaken during the fisheries window as defined by the Ministry of Natural Resources and Forestry, Department of Fisheries and Oceans and Conservation Halton;

f. A revised condition requiring landscape plans be prepared for the areas in the stormwater management and buffer blocks, which now references the Conservation Halton's Landscaping and Tree Preservation Guidelines and clarifies that it is the Owner's responsibility to implement the planting at the Owner's cost;

g. Added conditions requiring a copy of the final plan of subdivision as a georeferenced AutoCAD file, which illustrates all approved natural hazard delineations and that surveys be undertaken to delineate any natural hazard limits;

h. An added condition and revised condition that any vegetation removal take place outside of the nesting season, which is April 1st to August 31st, pursuant to the Migratory Bird Convention Act;

i. Conditions added related to required Restoration Plan and supporting materials for proposed enhancements;

j. Conditions added related to required Monitoring and Adaptive Management Plan that outlines the measures to be undertaken; and

k. An added condition that the Subwatershed Impact Study, previously completed by RAND Engineering Corporation (October 2013, revised February 2014), on behalf of the Milton Heights Land Owners Group be submitted, along with a Siltation Report and Slope Stability Report.

22The revised Conditions dated December 8, 2021 attached as Attachment 2 hereto were drafted, reviewed and approved by the relevant Departments at the Town of Milton, Halton Region and Conservation Halton and reviewed and approved by Milton Meadows.

23In Ms. Humphries opinion these revised Conditions, dated December 8, 2021, for the Milton Meadows project meet all statutory requirements, are appropriate, represent good planning, are in the public interest and should be approved.

FINDINGS

24The Tribunal has received a Request from Milton Meadows Properties Ltd. on consent of all Parties for approval of certain revisions to the Draft Plan of subdivision and the draft plan Conditions and the release of the Order respecting Phase 2 of the draft plan of subdivision, which request was supported by affidavit evidence from Rosemarie Humphries, a land use planner on behalf of Milton Meadows.

25The Tribunal has considered the Request and supporting affidavit evidence and being satisfied that the Conditions for the release of the Order for Phase 2 of the draft plan of subdivision have been appropriately satisfied.

ORDER

26THE TRIBUNAL ORDERS that:

1. The revised draft plan of subdivision appended as Attachment 1 is approved;

2. The revised draft plan conditions appended as Attachment 2 are approved;

3. The Tribunal’s Order as it relates to Phase 2 of the Draft Plan of Subdivision is issued; and

4. The lapsing date for the revised draft plan of subdivision is extended to three (3) years from the date of this Order.

“Eric S. Crowe”

ERIC S. CROWE 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.

12 OLT-23-000063

ATTACHMENT 1

ATTACHMENT 2

Updated: December 8, 2021 Page 4

vii) Walkway Block 89

viii) MTO Buffer Block 98 and 99

ix) Reserve Block 109 (unless included with the abutting road right-of-way)

x) Easement for walkway to village square in line with Street E over Condominium Block 82

3. The Owner agrees to provide daylighting triangles/radii at the intersections and inside bends of all streets to the satisfaction of Town Administration. (0MB #A-6; prior to Pre-Servicing)

4. The Owner agrees to grant all easements or blocks required for drainage and utility purposes, free of charge and with clear title (free and clear of all encumbrances), to the Town or other appropriate authority, in a form satisfactory to Town Administration. (0MB #A-7; within Subdivision Agreement)

5. Prior to any phasing of the subdivision, the Owner shall submit for approval, prior to the final approval of the first phase, a phasing plan indicating the sequence of development, the land area in hectares, the number of lots and blocks in each phase, the proposed use of all blocks including the proposed number of units, the specific lots to be developed, site access to each phase, grading and the construction of public services. The phasing must also be reflected in all engineering reports. (0MB #A-9; prior to Final Approval)

6. The Owner agrees to submit a plan detailing all corner Lots and Blocks where access (vehicular and/ or pedestrian) to the Lot or Block is from the flankage, in order for the Town and Canada Post to determine and approve the appropriate location for Community Mailboxes. This plan must be reviewed and approved by Town Engineering staff prior to building permit issuance. (0MB Eng #D-12; prior to Final Approval)

7. The Owner agrees to adjust the internal road network and development block of the condominium within the plan of subdivision to incorporate Old Tremaine Road with the internal road network such that a cul-de-sac does not result at its terminus with Highway 401 to the satisfaction of the Town. (0MB #A-12; within Subdivision Agreement)

8. The Owner acknowledges and agrees that the road pattern for the subdivision must align with the driveway for Country Heritage Park. The Owner agrees to resolve this conflict as a result of the proposed road network by either providing i) or ii) below: (0MB #A-13; within Subdivision Agreement)

i) an agreement with Country Heritage Park to align their driveway with the proposed internal road network of the plan of subdivision and written confirmation of the required planning approvals for any associated works to facilitate the realignment of the driveway; or,

ii) a red-line revision of the draft plan of subdivision which adjusts the internal road network to eliminate Street D and adds a north south oriented street connecting Street A with Street C, parallel to existing Tremaine Road, and adjusts the layout of the lots, or other alternative, to the satisfaction of the Town.

9. Provide a servicing easement in accordance with an approved Functional Servicing Report and detailed engineering drawings to the satisfaction of the Town, the location generally as shown on the Concept Demonstration Plan, dated November 29, 2013, prepared by MBTW. (OMB #A-14; prior to Final Approval)

Milton Meadows North - Phases 1 and 2 24T-07002/M

Based on version: June 17, 2014 Draft Approved: Date TBD