Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 22, 2024
CASE NO(S).: OLT-22-003226 (Formerly PL101316)
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: 1321387 Ontario Inc.
Subject: Request to amend the Official Plan – Failure of Town of Milton make a decision
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 Century Grove Homes
Reference Number: LOPA-01/07
Property Address: Part of Lot 3, Concession 1, Esquesing
Municipality: Town of Milton
OLT Case No.: OLT-22-003226
Legacy Case No.: PL101415
OLT Lead Case No.: OLT-22-003226
Legacy Lead Case No.: PL101316
OLT Case Name: Milton Meadows Properties Inc. v. Milton (Town)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: 1321387 Ontario Inc.
Subject: Application to amend Zoning By-law No. 144-2003 - Failure of the Town of Milton to make a decision
Description: To rezone lands to permit the construction of a proposed plan of subdivision commonly known as Century Grove Homes
Reference Number: Z-03/07
Property Address: Part of Lot 3, Concession 1, Esquesing
Municipality: Town of Milton
OLT Case No.: OLT-23-000039
Legacy Case No.: PL101336
OLT Lead Case No.: OLT-22-003226
Legacy Lead Case No.: PL101316
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 1321387 Ontario Inc.
Subject: Proposed Plan of Subdivision - Failure of the Town of Milton to make a decision
Description: To permit the construction of a proposed plan of subdivision commonly known as Century Grove Homes
Reference Number: 24T-07003/M
Property Address: Part of Lot 3, Concession 1, Esquesing
Municipality: Town of Milton
OLT Case No.: OLT-22-003227
Legacy Case No.: PL101334
OLT Lead Case No.: OLT-22-003226
Legacy Lead Case No.: PL101316
PROCEEDING COMMENCED UNDER subsection 10(1) of the Ontario Land Tribunal Act, 2021, S.O. 2021, c. 4, Sched. 6
Request by: Meaghan McDermid
Request for: Request for Directions (Issuance of Final Order)
Heard: November 29, 2023 in writing
APPEARANCES:
Parties
Counsel
Milton Meadows Properties Inc.
M. McDermid
1321387 Ontario Inc.
Valleygrove Estates Inc.
The Corporation of the Town of Milton
A. Skinner
The Regional Municipality of Halton
D. Germain
Stronach Consulting Corp.
E. Davis
Sukhjit Hans
Gerard Borean
Halton Region Conservation Authority
P. Pickfield
Magna International Inc.
M. Bowman
Magna Structural Systems Inc.
DECISION DELIVERED BY ERIC S. CROWE ON AND ORDER OF THE TRIBUNAL
Link to Final Order
INTRODUCTION
1The Tribunal convened a Motion (written) on Appeals filed by 1321387 Ontario Inc. against The Corporation of the Town of Milton (the “Town”) for failure to make a decision on a proposed Plan of Subdivision, an Official Plan Amendment, and a Zoning By-law Amendment concerning Part of Lot 3, Concession 1, Esquesing (the “Century Grove Lands” or “Subject Lands”).
BACKGROUND
2On September 9, 2014, the former Ontario Municipal Board (the “Board”) issued a Decision1 (the “Decision”) approving an Official Plan Amendment (the “OPA”), a Zoning By-law Amendment (the “ZBA”) and a draft Plan of Subdivision (the “Draft Plan of Subdivision”) subject to conditions (the “Draft Plan Conditions”) for the Subject Lands. The Board’s Order was withheld pending the satisfaction of certain requirements set out in paragraph 51 of the Decision and has not been issued to date.
3The Tribunal has received a request from 1321387 Ontario Inc., Valleygrove Estates Inc. and Milton Meadows Properties Inc., on consent of all Parties, for approval of certain revisions to the Draft Plan of Subdivision and the Conditions, and the release of the Order.
4The Tribunal received and marked the following new documents as Exhibits:
Exhibit A: Affidavit of Rosemarie Humphries
Exhibit B: Revisions to Draft Plan of Subdivision
Exhibit C: Revisions to Conditions
EVIDENCE
5On consent of the Parties, affidavit evidence was provided by Rosemarie Humphries a professional land use planner and a qualified expert by the Tribunal.
6Ms. Humphries advised that a consolidated set of the approved Conditions for the Subject Lands - Phase 1 and Phase 2 was provided with the Decision.
a) Pursuant to paragraph 51 of the 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 phase 2 of the Century Grove plan of subdivision, as shown on the phasing plan filed as Exhibit 2, Tab 3 and depicted on Attachment 5; and
b. The Board is advised in writing, by the parties thereto, that the private agreements contemplated by the Minutes of Settlement filed as Exhibits 5 and the Minutes of Settlement themselves, have been registered against title in accordance with the Minutes of Settlement.
7Ms. Humphries submitted that with respect to the requirement in paragraph b., she was advised by the Parties 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 Century Grove Property.
8Ms. Humphries submitted that the requirement for the “no pre-sales agreement” in paragraph a. above arose from the fact that the Century Grove Lands had not yet secured all required servicing allocation at the time of the 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 Century Grove Property until additional allocation of servicing capacity had been granted to these lands. The additional allocation required is for additional seven (7) single detached equivalent units (“SDEs”).
9In discussions with Halton Region, with respect to the additional seven (7) SDEs of additional servicing capacity required, it was agreed to amend the Conditions for Century Grove Property to require that Century Grove participate in the 2020 Halton Region Allocation program requiring that Century Grove acquire regional allocation for the additional seven (7) SDEs and for the responsibility of the owner to ensure all applicable payments and development charges for the SDEs being requested are paid. Accordingly, it was agreed with Halton Region that the requirement for a No Pre-Sales Agreement is unnecessary given the revised conditions.
10Ms. Humphries submitted if the Tribunal sees fit to approve the revised Plan of Subdivision and revised updated Conditions, the Order can now be issued for the Century Grove Property including for the OPA and ZBA.
11Ms. Humphries advised, since that time, the Tribunal’s files have remained open so any revisions to the draft Plan of Subdivision and Draft Plan Conditions could be dealt with.
REQUEST
12Century Grove now seeks an Order of the Tribunal as follows (the “Request”):
a. approving certain red-line revisions to the Draft Plan of Subdivision;
b. approving certain revisions to the Conditions; and,
c. issuing the Order to approve the OPA, ZBA and the revised Draft Plan of Subdivision and Conditions.
Revised/Redlined Draft Plan of Subdivision
13Ms. Humphries submitted the Draft Plan of Subdivision has been revised since the version prepared by HPGI, dated July 17, 2014.
14Ms. Humphries submitted through her affidavit evidence, the Draft Plan of Subdivision by HPGI is attached as Exhibit “B” and has been revised and dated December 20, 2022 to no longer illustrate any phasing, as the revised Conditions require that Century Grove set out above, has secure enough allocation through Halton Region’s 2020 Allocation Program in order to fully build out the Century Grove Property.
15In addition to removing references to phasing, the Draft Plan of Subdivision has been further revised by HPGI to address the Town’s Planning Department and Engineering Department comments, which include the following changes.
a. Block 38 (Park) was reduced in area from 3.12 hectares (“ha”) to 2.96 ha to accommodate Block 39 (Storm Water Management (“SWM”) Facilities) and Block 41 (7.5-metre (“m”) Buffer) on the east side of the Park block.
b. Block 39 (SWM Facilities) has been relocated to the east side of Park block adjacent to the Peru Road right-of-way at the request of the Town.
c. Block 40 (Drainage Corridor) and Block 42 (7.5 m Buffer) were removed from the Draft Plan of Subdivision. Block 40 and 42 have been conveyed to the Region with the Region completing its works within the Drainage Corridor.
d. Block 43 (7.5 m Buffer) was renumbered to Block 41 and located on the west side of Block 39 (SWM Facilities) to provide an adequate buffer between the SWM facilities and the Park block.
e. Added a new Block 44 (SWM Outfall) for the purpose of a storm outfall for the Century Grove subdivision based on new location of SWM pond.
f. Removed Block 46 (Future Road – Proposed New Tremaine Road). Block 46 was conveyed to the Region, which constructed the proposed New Tremaine Right-of-way. Those works have since been completed by the Region.
g. Block 47 (3.0 m Road Widening) was removed and now forms part of Block 39 (SWM Facilities).
h. Block 48 (3.0 m Road Widening) was renumbered to Block 45 and was reduced to only include the width of Street ‘A’.
Technical Adjustments:
i. Block 41 (15.0 m Buffer) has been renumbered to Block 40.
j. Blocks 44 and 45 (Open Space) have been renumbered to Blocks 42 and 43 respectively.
k. Blocks 49, 50 and 51 (0.3 m Reserve) have been renumbered to Blocks 46, 47 and 48.
16In Ms. Humphries’ opinion, the Draft Plan of Subdivision 24T-07003/M, prepared by HPGI., revised December 20, 2022 is appropriate, represents good planning, is the public interest and should be approved.
17Ms. Humphries submitted in her Affidavit, the consolidated set of the approved Draft Plan of Subdivision Conditions for Century Grove that was approved in the September 09, 2014 OMB Decision have been updated by the Town, Halton Region and Conservation Halton. The updated conditions are dated March 17, 2023 and are attached as Exhibit C herein.
18Ms. Humphries advised the changes to the Town’s Draft Plan Conditions include the following:
a. Deletion of conditions that require conveyances where referenced conveyances have already occurred;
b. Condition added for Century Grove to provide an Environmental Noise Feasibility Assessment and obtaining the Region’s approval for the acoustic fence location and specifications.
c. Condition added for Century Grove to not commence any site works until a Site Alteration Permit is obtained or a Pre-servicing Agreement/Subdivision Agreement has been entered into with the Town.
d. Condition added for Century Grove to ensure that construction access is provided to all phases of the subdivision to the satisfaction of the Town.
e. Conditions added for Century Grove to obtain written approval from MECP and authorization from the Department of Fisheries and Oceans for the Harmful Alteration, Disruption of Destruction of Fish Habitat.
f. Condition added for Century Grove to complete two years of baseline temperature monitoring for the Main Sixteen Mile Creek to the satisfaction of the Town.
g. Conditions added for Century Grove to develop trails and/or open space including installing fencing on behalf of the Town through an agreement between the developer and the Town.
h. Conditions added for Century Grove to convey parkland in accordance with the applicable Phase and Financial Agreement with the Town.
i. Conditions added for additional warning clauses.
19Ms. Humphries advised changes to the Halton Region’s Draft Plan Conditions include the following:
a. Revised conditions requiring Century Grove’s participation in the 2020 Halton Region Allocation Program providing for full servicing allocation for the project;
b. Revised conditions requiring Century Grove to acquire Regional Allocation for the additional seven (7) single detached equivalent units (SDEs) proposed and responsibility of the owner to ensure all applicable payments and development charges for the SDEs being requested are paid;
c. Condition added for Century Grove to submit the final Draft Plan of Subdivision along with Land Registry Office J form for sign off;
d. An additional condition requiring a Functional Servicing Report with any required updates be submitted to the Region’s satisfaction prior to registration;
e. Revised condition for Century Grove to prepare a revised Noise Feasibility Study including analysis of required Noise barriers; and,
f. Condition added for Century Grove to enter into a Subdivision Agreement for the completion of the works identified in the approved Transportation Impact Study and Noise Feasibility Study.
20Ms. Humphries submitted changes to the Conservation Halton’s Draft Plan of Subdivision and Draft Plan 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 Halton Region;
b. Condition added for Century Grove to obtain a permit from the Conservation Halton, pursuant to Ontario Regulation No. 162/06 for any development or site alteration within the regulated area;
c. Condition removed for Century Grove to include a 7.5 m lot line setback along an entire length of realigned watercourse, as these lands have been conveyed to the Halton Region;
d. Condition removed for Century Grove to obtain written permission from Magna/Stronach/Granite for addition of any regulated area on their property as a result of the watercourse realignment. These lands have been conveyed to the Halton Region.
e. Revised condition for Century Grove to design, construct, stabilize operation of all SWM Facilities and SWM outfalls;
f. An added condition requiring that the watercourse realignment and related work be stabilized for Conservation Halton and Town’s satisfaction;
g. 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;
h. A revised condition requiring both monthly erosion and sediment control reports during construction, as well as after significant rainfall equal or greater than 10 millimetres (“mm”) or snowmelt events;
i. Condition added for Century Grove to provide digital copies of the registered Plan of Subdivision including all approved natural hazard delineations;
j. Condition added for Century Grove to provide as-built drawings for works within natural hazards; and,
k. Condition added for Century Grove to include in the offers of purchase and sale of the homeowners for all lots adjacent to the watercourse block that no encroachment is permitted and that vegetation shall not be manicured in accordance with Ontario Regulation No. 162/06.
21Ms. Humphries advised, the revised Draft Plan Conditions, dated March 17, 2023, attached as Exhibit C hereto were drafted, reviewed and approved by the relevant Departments at the Town, Halton Region and Conservation Halton and reviewed and approved by Century Grove.
22It is Ms. Humphries opinion, that these revised Draft Plan Conditions, dated March 17, 2023, for the Century Grove project meet all statutory requirements are appropriate, represent good planning, are in the public interest and should be approved.
23In Ms. Humphries’ opinion, the OPA, the ZBA, and the Draft Plan of Subdivision 24T-07003/M, prepared by HPGI., revised December 20, 2022 is appropriate, represents good planning, are in the public interest and should be approved. Also, the revised Draft Plan Conditions, dated March 17, 2023, for the Subject Property meet all statutory requirements, which are appropriate, represent good planning, are in the public interest and should be approved.
FINDINGS AND DISPOSITION
24In the absence of any planning evidence to the contrary, the Tribunal finds and accepts the land use planning evidence and expert opinion provided by Ms. Humphries in regard to the OPA, ZBA, and Draft Plan of Subdivision 24T-07003/M, prepared by HPGI., revised December 20, 2022 meet all statutory requirements that are appropriate, represent good planning, are in the public interest. In addition, the Tribunal being satisfied that the conditions for the release of the Order have been appropriately satisfied.
BILL 150
25Since the conclusion of the Merit Hearing held by the Tribunal, and prior to the issuance of the Decision, the Tribunal reached out to the Parties to seek input concerning the passing of Bill 150, Planning Statute Law Amendment Act, 2023, which enacts the Official Plan Adjustments Act, 2023. This Bill received Royal Assent on December 6, 2023, and its enactment may have had impacts on the potential outcome of this matter. Both the Applicant/Appellant and Magna Structural Systems Inc. responded to the Tribunal stating that Bill 150 did not have an impact on this matter.
ORDER
26THE TRIBUNAL ORDERS:
the revised Draft Plan of Subdivision attached as Exhibit B to this Decision is approved;
the revised Draft Plan Conditions attached as Exhibit C to this Decision are approved;
the Tribunal’s Order as set out in paragraph 50 (3)-(6) of the September 9, 2014, Decision is issued subject to the revisions in sections 1 and 2 above; and,
the lapsing date for the revised Draft Plan of Subdivision is three (3) years from the date of this Order.
“Eric S. Crowe”
ERIC S. CROWE 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.
EXHIBIT B
REVISIONS TO DRAFT PLAN SUBDIVISION
EXHIBIT C