Sundial Homes (4th Line) Limited v. Milton (Town), 2023 CanLII 87687

Ontario Land Tribunal

Tribunal ontarien de l’aménagement

du territoire

September 22, 2023

OLT-21-001822

PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Appellant

Sundial Homes (4th Line) Limited

Subject:

Zoning By-law

Description:

Housekeeping Amendments to Comprehensive Zoning By-law

016-2014, as amended and Comprehensive Zoning By-law 144-2003,

as amended

Reference Number:

BL 106-2021

Property Address:

Town Wide

Municipality/UT:

Milton/Halton

OLT Case No:

OLT-21-001822

OLT Lead Case No:

OLT-21-001822

OLT Case Name:

Sundial Homes (4^th Line) Limited v. Milton (Town)

Heard:

September 13, 2023, by video

Parties

Counsel

Sundial Homes (4^th Line) Ltd. (“Sundial”)

Robert Howe

Town of Milton (“Milton”)

Konstantine Stavrakos

MEMORANDUM OF ORAL DECISION DELIVERED BY KURTIS SMITH ON SEPTEMBER 13, 2023 AND ORDER OF THE TRIBUNAL

1In 2021, Milton approved their self initiated-townwide housekeeping amendment to their comprehensive Zoning By-Law (“ZBA”) on November 15, 2021. Included in the amendment was an increase of 0.4 metres (“m”) to the minimum lot frontage requirement for back-to-back townhouse dwellings, now requiring 6.4 m.

2This is the first and only hearing event pertaining to this matter as a Settlement has been reach between Sundial and Milton.

3The Tribunal received and marked the Affidavit of Service of the Notice of Case Management Conference (“CMC”) sworn by Christian Lupis as Exhibit 1, which is the Affidavit of Service of Mr. Lupis sworn on July 13, 2023, as to the service of the Notice of this CMC, which has been converted to a Settlement Hearing.

4To support the ZBA, Milton called Angela Janzen, who currently serves as the Senior Development Review Planner for Milton. Upon review of her Curriculum Vitae (Exhibit 3, Page 14) and Acknowledgment of Expert’s Duty Form, was qualified on consent by the Tribunal to provide opinion evidence in land use planning.

BACKGROUND

5Ms. Janzen explained that the purpose of the lot frontage increase was to adequately address the lack of on-street parking opportunities and to address the concerns of homeowners of the size and usability of their garages.

6Prior to the adoption of the ZBA, Sundial had submitted a development application which was deemed complete on September 17, 2021, that met the original lot frontage requirements of 6.0 m.

7As the slight change in minimum lot frontage effected Sundials proposed development which included approximately 336 back-to-back townhouses, they appealed the ZBA of the lot frontage on December 13, 2021.

THE SETTLEMENT

8Ongoing discussions between the Parties recognized the appropriateness of including a footnote to address applications that were deemed complete prior to the approval the ZBA.

9As shown in Exhibit 2, page 12 the following footnote has been included in the amendment to address applications that were deemed complete prior to adoption of the ZBA.

a. “The minimum required lot frontage is 6.0 metres if located within a plan of subdivision or part of a zoning by-law amendment for which the complete application was filed on or prior to November 15, 2021”

10Ms. Janzen noted that only two developments fall within this footnote, the first being Sundial and the second being another development which addresses the parking concerns with underground parking.

11Ms. Janzen provided the Tribunal with a fulsome affidavit (Exhibit 3) which outlines her opinion that the ZBA as shown in Schedule 1 to this Decision is consistent to the Provincial Policy Statement (“PPS”) conforms to the Growth Plan for the Greater Golden Horseshoe (“Growth Plan”), the Halton Region Official Plan (“ROP”), and the Milton Official Plan (“MOP”), as it meets “the goals, objectives and policies that assist in fulfilling the Town’s commitment to providing opportunities for the creation of housing which is affordable, accessible, adequate and appropriate to the full range of present and expected households.”.

FINDINGS

12The Tribunal accepts the uncontested evidence of Ms. Janzen and is satisfied that the ZBA represents good planning, has regard for matters of provincial interest, is consistent with the PPS, and conforms to the Growth Plan, ROP and MOP. The settlement reached between the Parties will permit the inclusion of complete applications prior to the adoption of the ZBA which meet the prior lot frontage requirements of the Zoning By-Law.

ORDER

13THE TRIBUNAL ORDERS that the appeal is allowed in part and By-law No. 106-2021 of the Town of Milton is hereby amended as set out in Schedule 1 and is deemed to have come into force on November 15, 2021, in accordance with section 34(30) of the Planning Act, R.S.O. 1990, c. P.13.

“Kurtis Smith”

KURTIS SMITH

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.

Schedule “1”

THE CORPORATION OF TOWN OF MILTON

BY-LAW NO. 106-2021

BEING A BY-LAW TO AMEND THE TOWN OF MILTON COMPREHENSIVE ZONING BY-LAW 016-2014, AS AMENDED, PURSUANT TO SECTION 34 OF THE PLANNING ACT, AS AMENDED, TO INCORPORATE A SERIES OF HOUSEKEEPING AMENDMENTS THAT AFFECTS ALL LANDS WITHIN THE URBAN AREA OF THE TOWN OF MILTON, REGIONAL MUNICIPALITY OF HALTON - (TOWN FILE: HKA-01/21).

WHEREAS the Council of the Corporation of the Town of Milton deems it appropriate to amend Comprehensive Zoning By-law 016-2014, as amended;

AND WHEREAS the Town of Milton Official Plan provides for the lands affected by this by-law to be zoned as set forth in this by-law;

NOW THEREFORE the Municipal Council of the Corporation of the Town of Milton hereby enacts as follows:

1.0 THAT the text of the Town of Milton Comprehensive Zoning By-law 016-2014, as amended, is hereby further amended as follows:

The following table outlines the changes that are included in this zoning by-law amendment. Text that is underlined indicates new text to be inserted in the By-law. Text that is crossed out (“~~strikethrough~~”) is to be deleted from the By-law.

Item No.

Description of Change in By-law

Revise the definition of “Setback” in Section 3 as follows:

SETBACK

Means the horizontal distance of a structure or feature from the ~~property~~ lot line or other feature.

Revise Section 4.2.2.1, subsection v) as follows:

v) The minimum internal dimensions for an attached or detached garage or carport shall be in accordance with the following:

Garage Type

Minimum Required Internal Dimensions for Both Attached and Detached Garages and Carports

Single Car Garage

~~The minimum size of a parking space shall be~~ 2.9m wide by 6.0m long by 2.1m high of which 2.9m wide by 5.3m long by 2.1m high shall be unobstructed area with the exception of one stair;

Double Car Garage or Larger with a One Single ~~Car~~ Door

~~The minimum size of a parking space shall be~~ ~~2.9m~~ 5.5 m wide by 6.0m long by 2.1m high of which ~~2.9m~~ 5.5 m wide by 5.3 m long by 2.1 m high shall be unobstructed area with the exception of one stair;

Double Car Garage or Larger with ~~Double Car Door~~ Two or More Separate Doors

~~The minimum size of a parking space shall be~~ 5.5m wide by 6.0 m long by 2.1m high of which ~~2.9m~~ 5.5 m wide by 5.3m long by 2.1m high shall be unobstructed area with the exception of one stair.

Revise Section 4.20.2.1 (Temporary Sales / Customer Service Offices), by adding a new subsection iii) and revising additional text as follows:

4.20.2.1 Temporary Sales / Customer Service Offices

i) A temporary building or trailer for conducting sales of new dwellings units is permitted in any Zone provided the sales building or trailer is located within a development site. The sales building or trailer shall be setback 30m from the lot line of any existing residential use and parking areas associated with the sales building or trailer shall be setback 6m from any existing residential use abutting the development site~~, and~~;

ii) Notwithstanding the provisions of Section 5.1, parking areas for temporary sales and customer service offices, where located within a temporary building or trailer, may have a granular surface~~.~~:and,

iii) Notwithstanding any other provision to the contrary, temporary sales/ customer service offices for conducting sales of new dwelling units may also be permitted in any Zone within a building that is not intended to be temporary, subject to the applicable zone standards for which it is located, and all other applicable provisions of the by-law.

Revise Section 5.5, subsections iii) and v) by adding the words “subject to approval by Council” at the end of each sentence and revising additional text as follows:

5.5 PARKING IN THE CENTRAL BUSINESS DISTRICT (095-2017)

i) Every building or structure erected or enlarged in the Central Business District area shall comply with the parking provisions of this By-law;

ii) In no case shall existing required parking be removed or otherwise occupied within the Cash-in-lieu Parking Policy Area as shown on Schedule B of to this By-law;

iii) Notwithstanding i) and ii) above, any building containing a permitted principal non-residential use(s) within the ‘Cash-in-lieu Parking Policy Area’ as shown on Schedule B to this By-law may provide payment to the satisfaction of the Town for cash-in-lieu of required parking for the non-residential use(s) only, subject to approval by Council;

iv) Permitted non-residential uses, with the exception of a hotel or a theatre, within the existing gross floor area as it existed on September 25, 2017 that are within the “Parking Policy Area” as shown on Schedule C to this By-law shall be exempt from providing any additional parking.

v) Notwithstanding iv) above, any required parking spaces removed as a result of an enlargement or addition(s) to an existing building will require payment in of cash-in-lieu of parking for the removed parking spaces, subject to approval by Council.

Revise Section 5.8.2, Table 5G, by deleting the minimum off-street parking requirement of “4 parking spaces per classroom” for secondary schools and replacing it with “3 parking spaces per classroom”;

Revise subsection 5.18.1 iv) as follows:

iv) The queuing lane associated with the drive-through service use shall be the total number of required ingress spaces and egress spaces in accordance with the requirements of Table 5N above, or the recommendations of a site-specific Traffic Impact Study (TIS), whichever is greater.

Revise Section 6.2, Table 6C by replacing the “no minimum” requirement for the minimum exterior side yard setback for a semi-detached dwelling with lane access, with “2.4 metres (*2)”.

Add the footnote symbol “(*2)” to the exterior side yard setback requirements for the following dwelling types in Section 6.2, Tables 6C (RMD1 Zone Standards) and 6D (RMD2 Zone Standards) as follows:

Table 6C

a) Townhouse Dwelling, Corner Unit, with Street Access

b) Townhouse Dwelling, Corner Unit, with Lane Access

Table 6D

a) Back-to-Back Townhouse Dwelling, Corner Unit

Add the following new footnotes to Section 6.2, Table 6D:

“(*4) The minimum required lot frontage is 6.0 metres where the required parking for the dwelling is provided in a common underground parking structure.

(*5) The minimum required lot frontage is 6.0 metres if located within a plan of subdivision or part of a zoning by-law amendment for which the complete application was filed on or prior to November 15, 2021.”

Revise Section 6.2, Table 6D, by replacing the minimum lot frontage requirement for Back-to-Back Townhouse Dwellings, interior unit, with street access (both local streets and all other streets) from” 6.0 ~~metres~~ m / unit to “6.4 ~~metres~~ m / unit (*4)(*5)” as shown below:

Regulations

ZONE

RMD II

Residential Medium Density II

Dwelling Type

Back-To-Back Townhouse Dwelling (*1)

Corner

Unit

Interior

Unit

End

Unit

Lot Frontage (Minimum)

Street Access

Local street

All other streets

Lane Access

Local street

All other streets

8.4m / unit

6.4 m /unit (*4)(*5)~~6.0m~~ ~~/ unit~~

7.6m / unit

8.4m / unit

6.4 m /unit (*4)(*5) ~~6.0m~~ ~~/ unit~~

7.6m / unit

N/A

Revise the landscaping requirements in Section 6.2, Table 6E by replacing the word “maximum” with “minimum” and replacing the “N/A” with “35%” for the landscaping requirement for apartment buildings in the Residential High Density Zone as shown below:

Regulations

ZONES

RHD

Residential High Density

Residential Office

Dwelling Type

Apartment Building

Office Buildings

Landscaped Open Space (~~Maximum~~ Minimum)

~~N/A~~

35%

Revise the minimum lot coverage requirement applicable to the Transportation Terminal Use in the M2 (General Industrial) Zone in Section 8.2, Table 8B, by deleting “40%” and replacing it with “25%” as shown below:

Regulations

ZONES

EMP-1

EMP-2

Prestige Office

Employment

Business Park

Industrial

Extractive Industrial

Lot Coverage (Minimum)

N/A

40 25% (*3)

(*3) Notwithstanding any other provision of this by-law, any property containing a transportation terminal use shall be subject to this requirement, excluding outdoor storage that may be permitted by this by-law.”

Delete the following provisions from Section 13.1.1.237 and relocate them to Section 13.1.1.240:

Special Zone Provisions:

a) Notwithstanding Table 7D, the maximum lot area shall be 1.66 ha.

b) Notwithstanding Table 7D, the maximum gross floor area for all buildings combined for uses permitted in a C2 Zone shall be 2,452.1m²;

c) Notwithstanding Table 7D, the maximum gross floor area for any individual building for uses permitted in a C3 zone shall be 1,200m²;

d) Notwithstanding Table 7D, the maximum exterior side yard setback shall be 8.4 metres;

e) Notwithstanding Section 4.18, a restaurant patio shall be permitted in the interior side yard abutting a residential zone;

f) Notwithstanding Section 4.18, a restaurant patio shall be setback a min 1.0 metres from a parking area;

g) Notwithstanding Section 5.18.4 (Setbacks for Queuing Lanes), the minimum setback for a queuing lane to a street line shall be 6.5 metres.

h) Notwithstanding Section 5.18.1 (i) Table 5G to the contrary, the minimum required ingress spaces for a drive through service facility associated with a take-out restaurant, shown as Restaurant “A” on Schedule “B”, shall be twenty (20) and the minimum required egress spaces shall be two (2).

i) Notwithstanding Section 5.18.1 (i) Table 5G to the contrary, the minimum required ingress spaces for a drive through service facility associated with a take-out restaurant, shown as Restaurant “E” on Schedule "B", shall be eleven (11) and the minimum required egress spaces shall be two (2).

Delete subsection 13.1.1.27 in its entirety.

Delete Section 13.2.1.27 in its entirety.

Revise subsections 13.2.1.168 – 13.2.1.172 by changing the section references to 13.2.1.68 – 13.2.1.72 and relocating the subsections in the appropriate numerical order.

2.0 THAT pursuant to Section 34(21) of the Planning Act, R.S.O. 1990, c. P.13, as amended, this by-law comes into effect the day after the last day for filing a notice of appeal, if no appeal is filed pursuant to Subsection 34(19) of the Planning Act, as amended. Where one or more appeals have been filed under Subsection 34(19) of the said Act, as amended, this Zoning By-law Amendment comes into effect when all such appeals have been withdrawn or finally disposed of in accordance with the direction of the Ontario Land Tribunal.

PASSED IN OPEN COUNCIL ON NOVEMBER 15, 2021.

_______________________________Mayor

Gordon A. Krantz

__________________________Town Clerk

Meaghen Reid