Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 23, 2023
CASE NO(S).: OLT-23-000411
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Millwick Acquisitions Corp.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit the development of a mixed-use development containing up to fifty-four townhouse dwelling units and a multi-unit commercial retail building on the subject lands
Reference Number: OPZ-2020-03
Property Address: 780 Broadway
Municipality: Town of Orangeville
OLT Case No.: OLT-23-000411
OLT Lead Case No.: OLT-23-000411
OLT Case Name: Millwick Acquisitions Corp. v. Orangeville (Town)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Millwick Acquisitions Corp.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the development of a mixed-use development containing up to fifty-four townhouse dwelling units and a multi-unit commercial retail building on the subject lands
Reference Number: OPZ-2020-03
Property Address: 780 Broadway
Municipality/UT: Town of Orangeville
OLT Case No.: OLT-23-000412
OLT Lead Case No.: OLT-23-000411
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Millwick Acquisitions Corp.
Subject: Site Plan – Appeal of failure to make a decision
Description: To permit the development of a mixed-use development containing up to fifty-four townhouse dwelling units and a multi-unit commercial retail building on the subject lands
Reference Number: SPA – 2020-10
Property Address: 780 Broadway
Municipality: Town of Orangeville
OLT Case No.: OLT-23-000413
OLT Lead Case No.: OLT-23-000411
Heard: August 11, 2023, by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Millwick Acquisitions Corp. | Meaghan McDermid |
| Town of Orangeville | Andrew Biggart |
MEMORANDUM OF ORAL DECISION DELIVERED BY GREGORY J. INGRAM ON AUGUST 11, 2023, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) for the above-noted matter. Millwick Acquisitions Corp. (“Appellant”) has filed an appeal against the Town of Orangeville Council for failing to make a decision on applications to amend the Official Plans of the County of Dufferin and the Town of Orangeville, the Comprehensive Zoning By-law, and Site Plan which is required to facilitate the redevelopment of lands known municipally as 780 Broadway (“Subject Property”) in the Town of Orangeville (“Town”).
2The Appellant is proposing to create a mixed-use development that would permit the construction of four, three-storey “back-to-back” townhouse blocks with a total of 54 units and a single, standalone multi-unit commercial building. Vehicular access to the site would be provided through one entrance location on Broadway and parking will be available underground for residents and above ground for commercial activities (the “Proposal”).
3The Official Plan Amendment (“OPA”) seeks to redesignate the Subject Property from Service Commercial to a site-specific Neighbourhood Commercial which would permit low-density, multiple residential uses. The Zoning By-law Amendment (“ZBA”) seeks to rezone the Subject Property from C3 (Service Commercial) to C2 (Neighbourhood Commercial Special Exception Zone) which would permit both commercial and residential uses in either stand-alone or multi-use buildings. In addition, site-specific development criteria are proposed to address specific details such as permitted uses, building height, number of dwelling units and required yards. The subject property is currently vacant.
4A Public Meeting Information Report, OPZ-2020-03 was prepared by Infrastructure Services of the Town regarding the Proposal and was shared at a public meeting held on Monday, March 1, 2021. The Town provided the Appellant with a letter detailing the comments received through the consultation process on March 31, 2021.
5The Affidavit of Service was filed prior to the hearing and marked as Exhibit 1.
PARTY STATUS
6One request was received for Party status from the OP Trust Amaranth 1 Inc / OP Trust Amaranth 2 (“OP Trust”) who are the owners of lands (“OP Trust Lands”) immediately to the north of the Subject Property across Broadway (Highway 9) and consist of two parcels. The OP Trust Lands are designated as Employment Area in the County of Dufferin and Township of Amaranth Official Plans and zoned General Commercial (C1-4(H)). Pitman Patterson, Counsel for OP Trust, indicated that the employment designation permits a wide range of industrial and commercial uses. The application for Party status is based on a concern for land use compatibility should the proposal be approved. OP Trust is concerned that the introduction of residential into this area could adversely impact their ability to fully utilize their employment lands as introducing a significant number of dwelling units would in essence remove the buffer between residential and commercial that currently exists. OP Trust lands are currently undeveloped. OP Trust provided a draft issues list and indicated that it would be prepared to bring expert witnesses and participate in cross-examination as appropriate if granted Party status.
7Meaghan McDermid, Counsel for the Appellant, did not support the OP Trust request for Party status and indicated that their issues are not relevant or appropriate for consideration. Counsel said that the land use compatibility issue is not relevant given the OP Lands parcel directly across from the Subject Property is zoned General Commercial which permits an accessory dwelling unit and the parcel zoned for industrial use is further away. Ms. McDermid opined that the adjacent parcel does not permit industrial use now and would require a rezoning to permit such a use. She indicated that OP Trust had not participated in the public process regarding the application until now and if the Town had already passed the requested amendments, their individual party status would not be considered. Ms. McDermid opined that adding OP Trust would add time, additional witnesses and costs which would unfairly prejudice her client.
8Andrew Biggart, Counsel for the Town of Orangeville, indicated that the Town does not have a position on the Party status application and indicated that the Subject Property received special permission to have one upper-floor dwelling unit when the by-law was amended in the past in an effort to recognize an existing use.
9The Party status request was deferred to allow the Appellant and the Town time to consider the issues shared by OP Trust and finalize the draft Issues List (“IL”) for consideration by the Tribunal at a second CMC.
HEARING PLANNING
10A draft Procedural Order (“PO”) and IL were received by the Tribunal and the Appellant on August 10, 2023, from the Town. The Parties requested additional time to finalize a draft PO and IL.
11The Tribunal granted a second CMC and scheduled it for Friday, September 1, 2023 at 10 a.m., by video hearing. The agenda for the second CMC will include an update from the Parties, the Party status request of OP Trust, and procedural matters related to scheduling a Hearing.
12Parties 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/519389173
Access code: 519-389-173
13Parties 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
14Persons 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 519-389-173.
15Individuals 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 CMC 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.
16The Tribunal directs the Parties to finalize a draft PO and IL and submit it to the Case Coordinator by noon on August 31, 2023, for consideration and finalization at the second CMC.
17The Parties are aware of the availability of Tribunal-led mediation. Parties are of the opinion this may be a possible path and understand they may request mediation at their convenience.
18No further notice will be required.
ORDER
19The Parties will collaborate and submit a draft Procedural Order complete with an Issues List in accordance with the undertakings made at this Case Management Conference.
20The Member is not seized but may be spoken to should assistance be required in finalizing the Procedural Order or any other matter arising as case management.
“Gregory J. Ingram”
GREGORY J. INGRAM
MEMBER
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.