Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
January 19, 2024
CASE NO(S).:
OLT-22-001949
(Formerly PL200159)
OLT-22-001967
(Formerly PL200484)
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellants:
Southwest Georgetown Landowners Group Inc., Georgetown Country Properties Ltd.
Applicant and Appellants:
Lormel Developments (Georgetown) Ltd., Lormel Developments (Eighth Line) Ltd., and Ozner Corporation
Applicant and Appellants:
Mattamy (Halton Hills) Ltd. (formerly 2108393 Ontario Ltd., 2108394 Ontario Ltd., and Barrhaven Place Inc.)
Applicant and Appellants:
Neamsby Investments Inc
Applicant and Appellants:
Shelson Properties Ltd. and Coryville Construction Ltd.
Subject:
Request to amend the Official Plan - Failure of the Town of Halton Hills to adopt the requested amendment
Existing Designation:
Future Residential/Mixed Use
Proposed Designated:
Residential/Mixed Use
Purpose:
To permit the development of the lands for a new community comprised of residential, commercial, institutional, parks, and open space uses.
Property Address/Description:
All lands subject to OPA
Municipality:
Town of Halton Hills
Approval Authority File No.:
D09OPA17.003
OLT Case No.:
OLT-22-001949
Legacy Case No.:
PL200159
OLT Case Name:
Southwest Georgetown Landowners Group Inc. v. Halton Hills (Town)
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
Southwest Georgetown Landowners Group Inc.
Appellant:
Georgetown Country Properties Ltd.
Appellant:
Lormel Developments (Georgetown) Ltd. et al
Appellant:
Mattamy (Halton Hills) Ltd
Appellant:
Neamsby Investments Inc
Appellant:
Shelson Properties Ltd. and Coryville Construction Ltd.
Subject:
Proposed Official Plan Amendment No. OPA 32
Municipality:
Town of Halton Hills
OLT Case No.:
OLT-22-001967
Legacy Case No.:
PL200484
OLT Case Name:
Southwest Georgetown Landowners Group Inc. v. Halton (Region)
PROCEEDING COMMENCED UNDER subsections 12(2) and 13(1)(d) and of the Ontario Land Tribunal Act, 2021, S.O. 2021, c. 4, Sched. 6, and the Tribunal’s Rules of Practice and Procedure
Request by:
Mattamy (Halton Hills) Ltd.
Request for:
Request for Directions
Heard:
November 17, 2023 by Video Hearing
APPEARANCES:
Parties
Counsel/Representative*
Town of Halton Hills
Jeffrey Wilker Al Burton
Regional Municipality of Halton
Lee English Isaac Tang (in absentia)
Southwest Georgetown Landowners Group Inc.
Mark Joblin Quinto Annibale
Mattamy (Halton Hills) Ltd.
Jessica De Marinis Scott Snider (in absentia) Anna Toumanians (in absentia)
Lormel Developments (Georgetown) Ltd.
Max Reedijk Katarzyna Sliwa
Master Built Homes Inc.
Sylvain Rouleau Denise Baker (in absentia)
Shelson Properties Ltd. and Coryville Construction Ltd.
Andy Margaritis John Alati (in absentia)
Georgetown Country Properties Ltd.
Patrick Harrington
Iva Gaspar
Tomislav Gaspar*
823 Trafalgar D.G. Farms Inc.
Thomas Arnold Herbert Arnold (in absentia)
Halton District School Board and Halton District Catholic School Board
Brad Teichman
MEMORANDUM OF ORAL DECISION DELIVERED BY DAVID BROWN ON NOVEMBER 17, 2023 AND ORDER OF THE TRIBUNAL
Link to Order
INTRODUCTION AND BACKGROUND
1The matters before the Tribunal are the Settlement of Appeals filed in connection with proposed amendments to the Town of Halton Hills (“Town”) Official Plan (“OP”) for the same tract of land in the Town located southwest of the community of Georgetown.
2The first matter, referenced as Tribunal Case No. OLT-22-001967, deals with appeals filed against the approval of Official Plan Amendment No. 32 (“OPA 32”) that was adopted by the Town on July 9, 2018, and approved with modifications by the Regional Municipality of Halton (“Region”) on September 25, 2020. The Appellants are Lormel Developments (Georgetown) Ltd., Lormel Developments (Eighth Line) Ltd., Ozner Corporation (now amalgamated as Lormel Developments (Georgetown) Ltd.), Georgetown Country Properties Ltd., Mattamy (Halton Hills) Ltd. (formerly 2108393 Ontario Ltd., 2108394 Ontario Ltd., and Barrhaven Place Inc.) (“Mattamy”), Neamsby Investments Inc. (now Master Built Homes Inc.) (“Master Built”), and Shelson Properties Ltd. and Coryville Construction Ltd. (collectively, the “Majority Landowners”), and Southwest Georgetown Landowners Group Inc. (“SWGLG”).
3The second matter, referenced as Tribunal Case No. OLT-22-001949, relates to the same lands as those that are the subject of OPA 32 and concerns appeals filed pursuant to s. 22(7) of the Planning Act, R.S.O., c. P.13, as amended (“Act”), against the Town for its failure to make a decision within the timeframe prescribed by the Act on an Application to Amend the Official Plan (the “Private OPA”). The Private OPA was filed by the Majority Landowners and SWGLG with the Town on November 27, 2017, and it was deemed complete on February 27, 2018. SWGLG and the Majority Landowners, except for Georgetown Country Properties Ltd., each appealed the Private OPA to the Tribunal.
4The lands that are the subject of OPA 32 and the Private OPA are bounded by Trafalgar Road on the west, 15 Side Road to the north, 8th Line to the east, and 10 Side Road to the south (the “Southwest Georgetown Lands”), and they comprise approximately 412 hectares.
5The Town, the Region, the Halton Region Conservation Authority (“Conservation Halton”), the Halton District School Board, the Halton Catholic District School Board (together the “School Boards”), 823 Trafalgar D.G. Farms Inc., and Iva Gaspar each have Party Status with respect to both Appeals.
6The Appeals were separated into three phases. The first phase addressed Natural Heritage Systems matters, including Watercourses, Flooding, Erosion, Hazards, Wetlands, Related Stormwater Management/Infrastructure, and Source Water Protection. These matters were the subject of a Settlement between the Parties approved by the Tribunal in its decision issued October 6, 2023. The second phase addresses matters relating to transportation, servicing, and infrastructure, excluding storm water management and infrastructure matters addressed in the first phase. The third phase addresses land use planning including education, retail market, and phasing. The second and third phases are the subject of these proceedings.
7In December 2009, the Region completed a comprehensive planning review, which resulted in the adoption and eventual approval of Regional Official Plan Amendment No. 38 (“ROPA 38”). Two of the main objectives of ROPA 38 were to expand the urban boundary as necessary to accommodate growth needs into 2031 and to establish a Regional Natural Heritage System. One of the outcomes of ROPA 38 was the inclusion of the Southwest Georgetown Lands, in the Georgetown Urban Area.
8OPA 32 established a secondary plan for the Southwest Georgetown Lands, including a complement of land use designations and corresponding policies for the ultimate development of the lands. The Private OPA seeks to establish an alternative secondary plan for the Southwest Georgetown Lands also including a complement of land use designations and corresponding policies in lieu of the policies approved through OPA 32.
9The Parties advised the Tribunal that they have successfully negotiated Minutes of Settlement (“MOS”) resolving the issues identified in Phases 2 and 3 of the Appeals. The MOS were filed with the Tribunal as Exhibit 2. Conservation Halton did not participate in the settlement negotiations relating to Phases 2 and 3 as their interest was solely in the Natural Heritage Systems matters resolved in the Phase 1 Settlement.
10On the consent of the remaining Parties, the Town brought a Motion before the Tribunal (Exhibit 1) requesting that the Tribunal allow the appeals of OPA 32, in part, through the approval of modified policies and schedules for OPA 32 with respect to the Phase 2 and Phase 3 matters as set out in Schedule 1 to the Draft Order filed with the Tribunal and marked as Exhibit 4. The Schedule 1 attached to the Draft Order includes the modifications approved by the Tribunal in the Phase 1 Settlement decision issued October 6, 2023. The Motion also includes a request for an abridgement of time for filing and service of this Notice of Motion, as necessary, and the confirmation that the Appeals of the Private OPA are dismissed.
SUBMISSIONS AND EVIDENCE
11Nick McDonald, a qualified land use planner, testified in support of the Settlement of the remaining issues in the Appeals and submitted an Affidavit outlining his support for the Settlement and his opinion for the Tribunal’s consideration. The Affidavit is included in Exhibit 1.
12Mr. McDonald reviewed a modified version of OPA 32 (“OPA 32, as modified”), being Exhibit C to Tribunal Exhibit 1, which includes the policies that are proposed to be approved to settle Phases 2 and 3 of the Appeals and which includes the amendments approved by the Tribunal in its Order issued on October 6, 2023. OPA 32, as modified, included updates to Schedules H6-1 and H6-2, dealing with Phases 2 and 3 matters, and Schedule H6-3, which addresses transportation related matters.
13Schedule H6-1 identifies the main organizing elements of the future community. These elements include the Natural Heritage Systems and the internal Collector Road Network. The Collector Road Network identifies one continuous north-south collector road, three east-west continuous collector roads, and two east-west non-continuous collector roads.
14Two Major Institutional areas are also identified on Schedule H6–1. One is planned to be the site of a public secondary school, a library and a community centre, and the second is planned to be the site of a combined Catholic secondary and elementary school. Four additional elementary school sites are proposed and shown on Schedule H6-1.
15As a result of negotiations with the School Boards, modifications were made to the policy framework applying to schools that have the effect of adding increased height permissions and requiring that the Town explore alternative or reduced setback and parking standards to support the efficient use of future school sites.
16One Major Commercial area is proposed and identified on Schedule H6-1 which will include a supermarket use along with related and supporting uses. Schedule H6-1 also identifies the conceptual locations of neighborhood parks, parkettes, and stormwater management facilities. The final locations for these will be determined through the block plan process.
17Schedule H6-2 is a land-use plan that divides the OPA 32 lands into a series of land-use designations. Mr. McDonald reviewed the land-use designations, the permitted uses within each land-use designation, the maximum densities and heights permitted in each land-use designation, and the modifications arising from the Settlement. The balance of Schedule H6-2 identifies the location of proposed schools, a proposed library and community centre, an existing heritage cemetery and other cultural heritage resources, and the types of parks proposed.
18Schedule H6-3 establishes the transportation network identifying the proposed Collector Roads along with their required right-of-way widths. The Schedule also identifies the location of proposed two-lane bike lanes, soft surface trails, and multi- purpose paths.
19The effect of OPA 32, as modified, through the settlement process is to provide the basis for the development of approximately 9,300 dwelling units and the creation of approximately 2,400 jobs. The increase in the number of dwelling units results in a projected population increase to approximately 23,800.
20The Settlement also addressed implementation policies for OPA 32, as modified. Section H6.23 was modified to provide additional clarity on the Town's expectations with respect to how OPA 32, as modified, would be implemented through future planning application processes. The modified policies indicate that both a phasing plan and a block plan are required prior to the draft plan approval of individual applications for development. Further, the section addressing phasing was updated to articulate the Town’s expectations more clearly on how development would occur in a phased manner to meet a number of public policy objectives.
21Mr. McDonald opined that the policies and schedules of OPA 32, as modified, have regard to relevant matters of provincial interest set out in s. 2 of the Act, conform to the Halton Region Official Plan (“ROP”), conform to A Place to Grow: The Growth Plan for the Greater Golden Horseshoe, 2020, as amended (“Growth Plan”), and are consistent with the Provincial Policy Statement, 2020 (“PPS”).
22Mr. McDonald concluded stating that it is his opinion that OPA 32, as modified, represents good planning as it supports many of the complete community policies set out in Provincial Plans and the ROP and will implement the vision established by Halton Hills Council for the Southwest Georgetown lands.
23The Counsel for the Parties attended and expressed no objections to the Settlement. Mr. Gaspar attended and advised while concerns remain with respect to the impact on his family’s property, he does not oppose the Settlement.
24Mr. Teichman attended and advised the School Boards requested some policy revisions to the Settlement, which have been consented to by the other Parties, as outlined in the revisions described in Exhibit 3.
25The Tribunal received a revised Draft Order which included a revised Schedule 1 that represents a consolidated version of modifications, amendments, and revisions to OPA 32 resulting from the Settlement including the revisions requested by the School Boards and the approved Natural Heritage Systems policies previously approved by the Tribunal in its Order issued October 6, 2023.
ANALYSIS AND FINDINGS
26The Tribunal accepts the uncontroverted affidavit evidence and testimony of Mr. McDonald supporting the approval of OPA 32, as modified, and in support of the Motion.
27The Tribunal has reviewed the matters of provincial interest as set out in s. 2 of the Act and is satisfied that OPA 32, as modified, has appropriate regard for these matters.
28The Tribunal finds that OPA 32, as modified, is consistent with the PPS, conforms to the policies of the Growth Plan, and conforms with the ROP as set out in the evidence proffered by Mr. McDonald.
29The Tribunal finds that OPA 32, as modified, and as supported by the Parties in the MOS, represents good planning and implements the Town’s Vision Statement for the Southwest Georgetown Lands set out in Section H6.1 of OPA 32, as modified, as it represents an “exceptional, forward thinking, and innovative model for new community development,” and the proposed new community represents a “resilient, sustainable, complete, and compact community, with a thriving natural heritage system.”
30The Motion is granted and the Tribunal allows the Appeals of OPA 32, in part, with modifications as identified in Schedule 1 to the Draft Order filed with the Tribunal as Exhibit 4 and as modified to incorporate the revisions requested by the School Boards. The Appeals filed in respect of the Private OPA are dismissed.
31The Tribunal, having considered the Motion and the terms of the Settlement on November 17, 2023, during the Settlement Hearing, was satisfied with the evidence and made its findings allowing the Appeals in part as set out in the preceding paragraphs and in an Oral Decision given at that time. It is therefore appropriate that this Order is effective as of November 17, 2023, pursuant to Rule 24.3 of the Tribunal’s Rules of Practice and Procedure.
32The Tribunal grants an abridgement of time for the filing of a Notice of Motion as required by Rule 10.5 of the Tribunal’s Rules of Practice and Procedure.
ORDER
33THE TRIBUNAL ORDERS THAT an abridgement of the time for the filing of the Notice of Motion as required by Rule 10.5 of the Tribunal’s Rules of Practice and Procedure is granted.
34THE TRIBUNAL ORDERS THAT the Appeals of Official Plan Amendment No. 32 to the Official Plan of the Town of Halton Hills are allowed, in part, and the Transportation, Servicing, Infrastructure, Education, Retail Market, Phasing, and all other Land Use Planning policies and schedules attached as Schedule 1 to this Order are hereby approved.
35For completeness and certainty, Schedule 1 to this Order is a consolidation of all modifications set out in the foregoing paragraphs and it is the final approved version of Official Plan Amendment No. 32 to the Official Plan of the Town of Halton Hills by the Tribunal.
36THE TRIBUNAL ORDERS THAT, in all other respects, the Appeals in this proceeding, including those made under s. 22(7) of the Planning Act, are hereby dismissed.
37THE TRIBUNAL ORDERS THAT, in accordance with Rule 24.3 of the Tribunal’s Rules of Practice and Procedure, this Order is effective as of November 17, 2023, being the date of the hearing of the Appeals and the delivery of the Oral Decision and Order of the Tribunal.
38The Tribunal’s proceedings in these matters are hereby concluded.
“David Brown”
DAVID BROWN
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
TOWN OF HALTON HILLS OFFICIAL PLAN AMENDMENT 32
(FINAL CONSOLIDATION AS APPROVED BY THE ONTARIO LAND TRIBUNAL)