Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: June 27, 2024 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: May 30, 2024 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 MAY 30, 2024 AND INTERIM ORDER OF THE TRIBUNAL

Link to Interim Order

INTRODUCTION AND BACKGROUND

1The matter before the Tribunal concerns an application filed by Millwick Acquisitions Corp. (“Applicant/Appellant”) with the Town of Orangeville (“Town”) for an Official Plan Amendment (“OPA”), a Zoning By-law Amendment (“ZBA”) and a Site Plan (together, “Applications”) to facilitate the redevelopment of lands known municipally as 780 Broadway (“Subject Property”), with six distinct townhouse blocks consisting of multiple dwelling units as well as a standalone multi-unit commercial/retail building (“Proposed Development”). The Applicant/Appellant filed an appeal due to the Town’s failure to decide within the statutory time frame.

2The Subject Property is located on the south side of County Road 109, west of Riddell Road. It is designated “Urban Settlement Area” in Dufferin County’s Official Plan (“COP”) and “Service Commercial” in the Town’s Official Plan (“TOP”).

3The Town’s Zoning By-law No. 22-90 identifies the Subject Property as “Service Commercial (C3).” This zoning permits a range of retail and general commercial uses. “Special Provision (24.126)” also applies to this property which permits “upper floor dwelling units.”

4The Applications were filed with the Town on November 3, 2020, along with several technical reports to support the Applications. The Applications were deemed completed in December 2020. A Public Meeting was held in March 2021 and comments were also received from internal Town departments and external public agencies. The Township of Amaranth, which is adjacent to the Subject Property, confirmed receipt and did not express any concerns with the Applications.

5Revisions were made to the Applications following the public process and again after the Applicant/Appellant filed an appeal to the Tribunal. A third resubmission of the Applications was filed with the Town in February 2024.

6The Applicant/Appellant continued deliberations with the Town to resolve the remaining issues and a final submission was filed in early May 2024.

7Following the receipt of further comments from Town departments, additional minor changes were made to the Applications and the Parties agreed that these items could be addressed in the final version of the plans and drawings and/or through site plan conditions.

8The Parties requested that the Tribunal hear their proposed settlement and issue an interim order approving in principle an OPA and ZBA for the Subject Property subject to such revisions that may be required based on the final form of the site plan drawings and as agreed to by the Parties. It was requested that the final order be withheld until the final form of the OPA, ZBA and final Site Plan Drawings, along with conditions of approval are provided to the Tribunal in a form satisfactory to the Parties.

PROPOSED SETTLEMENT

9Counsel for the Municipality described the proposed settlement agreement before the Tribunal as a “good news story” for the area and proceeded to thank the Applicant/Appellant for their willingness to work closely with Municipal Staff on the proposed re-development plan before the Tribunal.

10The Proposed Settlement permits a mixed-use development consisting of six townhouse blocks containing 69 residential dwelling units and a commercial block consisting of a standalone multi-unit commercial/retail building comprised of 903.55 square metres (“m2”) of gross floor area. This varies from the original application which requested four residential building blocks containing 54 dwelling units, and a multi-unit commercial/retail building comprised of 920.55 m2.

11The draft OPA to facilitate the Proposed Development re-designates the Subject Property from “Service Commercial” to “Neighbourhood Mixed Use” and adds site-specific policies to permit mixed use development to allow back-to-back townhouse units and standalone single-storey commercial building. The Draft OPA is included with this decision as Attachment 1.

12The draft ZBA supports the Proposed Development by re-designating the Subject Property from “Service Commercial (C3) Zone” to “Neighbourhood Mixed Use (“NMU”) Special Provision 24.241 Zone”. The ZBA lists the permitted residential and non-residential uses and provides a definition for a “Dwelling, Back-Back Townhouse” and applicable regulations for buildings on the property. The Draft ZBA is included with this decision as Attachment 2.

LEGISLATIVE CONTEXT

13The issues that the Tribunal must address when adjudicating an OPA, ZBA and Site Plan appeal are whether the proposed instruments:

a) Are consistent with the Provincial Policy Statement, 2020;

b) Conform with applicable Provincial plans (in this case, the Growth Plan for the Greater Golden Horseshoe, 2019);

c) Conform with the Dufferin County Official Plan (“COP”), Town of Orangeville Official Plan (“TOP”), including the proposed OPA, if approved and the Zoning By-law for the Town of Orangeville; and

d) Represent good planning.

14The Tribunal must have regard to the matters of provincial interest as set out in s. 2 of the Planning Act (“Act”) and have regard to the information and materials that the Town received concerning the matters under s. 2.1(2) of the Act.

HEARING AND FINDINGS

15Jonathan Sasso, a candidate member of the Ontario Professional Planner Institute, was qualified by the Tribunal to provide land use planning opinion evidence. Mr. Sasso has been qualified by the Tribunal previously. He delivered an uncontested, comprehensive, contextual planning rationale for the proposed settlement before the Tribunal.

16As evidence in the Hearing, four documents were marked as Exhibits:

1. Exhibit 1: Affidavit of Jonathan Sasso
2. Exhibit 2: Draft Official Plan Amendment
3. Exhibit 3: Draft Zoning By-law Amendment
4. Exhibit 4: Settlement Plans (subject to final modifications prior to final order being issued)

17On the uncontested evidence of Mr. Sasso, the Tribunal finds that the proposed OPA, ZBA and Settlement Plans have suitable regard for matters of provincial interest under s. 2 of the Act; are consistent with the Provincial Policy Statement, conforms and does not conflict with the Growth Plan for the Greater Golden Horseshoe and conforms with the COP and TOP except for the sections proposed to be amended. The Tribunal also finds that the proposed amendments represent good planning and are in the public interest.

18In summary, the Tribunal finds Mr. Sasso’s analysis of the re-development proposal compelling and highlights the following examples from his testimony as representative of good planning, in the public interest and meeting the requisite legislative tests noted above:

a. The Subject Property is situated near an arterial roadway and close to existing municipal transit.

b. Storm water management systems and municipal services are already in place and do not require an “uncommon expansion.”

c. The Proposed Development conforms and is compatible with the residential and commercial uses that already exist in the area.

d. The Proposed Development adds housing within an “Urban Settlement Area” resulting in greater infill and intensification in an underdeveloped area.

e. The Proposed Development conforms with the COP and TOP in all aspects except those being addressed through the proposed amendments.

19Mr. Sasso recommended that the Tribunal approve the OPA, ZBA and Settlement Plans in principle, but withhold its Final Order until the final versions of the instruments and the agreed upon site plan conditions have been provided and agreed to by the Parties.

20The Tribunal, having had regard for the extensive process and modifications made to the original plan through deliberations between the Applicant/Appellant and the Municipality, along with the uncontested planning evidence of Mr. Sasso in support of the proposal, finds that the proposed OPA, ZBA, and Settlement Plans being subject to such revisions as may be required based on the final form of the site plan drawings, are approved in principle and attached to this Decision.

INTERIM ORDER

THE TRIBUNAL ORDERS that:

21The Appeals under subsections 22(7), 34(11), and 41(12) of the Planning Act are allowed, in part, on an interim basis, contingent upon confirmation, satisfaction or receipt of the pre-requisite matters identified in paragraph 22 below. The Official Plan Amendment generally in the form set out in Attachment 1 to this Interim Order is hereby approved in principle, the Zoning By-law Amendment generally in the form set out in Attachment 2 to this Interim Order is hereby approved in principle and the site plan prepared by Gabriel Bodor Architect Inc. dated May 1, 2024 generally in the form set out in Exhibit 4 and included as Attachment 3, is hereby approved in principle.

22The Tribunal’s Final Order shall be withheld until such time as the Tribunal has received and approved the final form of the Official Plan Amendment, Zoning By-law Amendment, and the final Site Plan Drawings, along with any conditions of approval, all of which are confirmed to be in a form satisfactory to the Parties.

23The Parties shall provide the Tribunal with the final instruments described in paragraph [22] above, or a status update, on or before August 15, 2024, by reporting to the Case Coordinator; and

24The Member will remain seized for the purposes of reviewing and approving the final drafts and the issuance of the Final Order.

25If any difficulties arise in connection with the implementation of this interim Order, the Tribunal may be spoken to.

“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.

ATTACHMENT 1

The Corporation of the Town of Orangeville By-law Number 24-XXX A By-law to Adopt Amendment No. 134 to the Official Plan (Millwick Acquisitions Corp., 780 Broadway; OPZ-2021-03).

The Ontario Land Tribunal, in accordance with the provisions of Section 22 of the Planning Act, R.S.O. 1990, c.P.13 and amendments thereto, hereby enacts as follows:

1. Amendment No. 134 to the Official Plan for The Town of Orangeville, consisting of the attached explanatory text and map is hereby adopted.

Passed by an Order of the Ontario Land Tribunal issued on ___________________

The Official Plan for the Town of Orangeville Amendment No. 134

The attached explanatory text and map, constituting Amendment Number 134 to the Official Plan for the Town of Orangeville, was adopted by the Ontario Land Tribunal, under the provisions of Section 22 of the Planning Act, R.S.O., 1990, c. P.13 by its Order issued on _____________________.

The Official Plan for The Town of Orangeville Amendment No. 134

Part A – The Preamble

1. Purpose of the Amendment

The purpose of the amendment is to re-designate the subject lands from “Service Commercial” to “Neighbourhood Mixed Use” and to add site-specific policies to permit a mixed-use development containing up to 67 back-to-back townhouse units and stand-alone single-storey commercial building containing 900 square-metres floor space.

2. Location

This Amendment applies to the lands described as Part of Lot 5, Concession C in the Town of Orangeville, County of Dufferin and municipally known as 780 Broadway. The lands comprise a single parcel of approximately 1.15 hectares (2.84 acres) in area, with 163.68 metres (537 feet) of frontage along Broadway (County Road 109). The subject lands are located on the south side of Broadway, between B-Line (County Road 23) to the west and Riddell Road to the east. Land uses surrounding the subject property vacant farmland to the north (within the Township of Amaranth), a stormwater management facility to the east, detached residential dwellings to the south (Paula Court) and vacant lands designated for service commercial uses to the west (810 Broadway).

3. Basis of the Amendment

A site-specific application to amend the Town of Orangeville Official Plan (the “Town OP”) was submitted on December 7, 2020 by Millwick Acquisitions Corp., being the owner of the subject property.

The subject lands are designated “Service Commercial” on Schedule ‘A’ “Land Use Plan” in the Town of Orangeville Official Plan. The Service Commercial policies permit a range of commercial uses. To permit the proposed mixed-use development, an Official Plan Amendment is needed to re-designate the subject lands as “Neighbourhood Mixed Use” on Schedule “A” “Land Use Plan”. In addition, the amendment will apply Special Policy E8.81” to the subject lands on Schedule ‘B’ “Policies for Specific Areas” in order to permit:

i) medium density residential uses permitted by Policy E1.4.4 and subject to a maximum density of 60 units per hectare; and

ii) neighbourhood commercial uses permitted by Policy E2.6, subject to a minimum gross floor area of 900 square metres being provided for all such uses on the subject lands.

On March 1, 2021, a statutory public meeting was held for public review and comment on the application. In preparing the current amendment, the Town has considered several planning objectives, constraints, and interests of the community. The proposed use of the subject lands will contribute to the achievement of complete communities, and will contribute to providing for a diverse range and mix of housing within the area, while providing commercial uses to serve the surrounding neighbourhood. The amendment complies with the intent of the Official Policies found under Section I12 with respect to the criteria that are to be considered when amending the Plan.

The basis for this amendment is summarized as follows:

1. The proposed development is consistent with the Provincial Policy Statement.
2. The proposed development conforms to the Growth Plan for the Greater Golden Horseshoe.
3. The proposed development conforms to the Dufferin County Official Plan.
4. The proposed development conforms to the general intent and purpose of the Town of Orangeville Official Plan.

Part B – The Amendment

The Official Plan for the Town of Orangeville is amended as follows:

1. Schedule “A” “Land Use Plan” is hereby amended by designating the lands to “Neighbourhood Mixed Use” as shown on the attached Schedule “A” to this amendment.

2. Schedule “B” “Policies for Specific Areas” is hereby amended by showing the lands as subject to “Policies for Specific Areas” and adding reference to Policy E8.81 as shown on the attached Schedule “B” to this amendment.

3. Section E8 “Policies for Specific Areas” is hereby amended by adding the following policy:

“E8.81 Notwithstanding the Neighbourhood Mixed Use designation and notwithstanding Policy E9, permitted uses shall include:

a) Medium Density Residential uses in accordance with Policy E1.4.4. Notwithstanding Policy E1.4.4, a maximum density of 60 units per hectare shall be permitted on the subject lands; and

b) Neighbourhood Commercial uses in accordance with Policy E2.6. In addition, a minimum gross floor area of 900 square metres shall be maintained and devoted to neighbourhood commercial uses on the subject lands.

New development design and layout will be regulated through site plan approval. Elements related to building scale, massing, height, setbacks, landscaping and pedestrian connectivity will be governed by the Town’s Design Guidelines and detailed zoning standards to ensure:

i) compatibility is maintained with adjacent residential uses;

ii) pedestrian connectivity is provided with the adjacent neighbourhood and open space area; and

iii) the site constitutes an attractive, high quality design that contributes to the function of this area as the westerly gateway into the Town.

ATTACHMENT 2

The Corporation of the Town of Orangeville By-law Number 24-XXX A By-law to amend Zoning By-law No. 22-90 as amended, with respect to Part of Lot 5, Concession C, municipally known as 780 Broadway (Millwick Acquisitions Corp., File No. OPA-2020-03)

WHEREAS authority is given to the Ontario Land Tribunal by Section 34 and 36 of the Planning Act, R.S.O. 1990, c. P. 13, as amended, to permit the use of land and impose a holding symbol (H) and authority is given to Council to remove such holding symbol (H) when Council is satisfied that the conditions relating to the holding symbol have been met;

AND WHEREAS the Ontario Land Tribunal, pursuant to its Order in respect of Case No. OLT-23-0004111 issued on ____________________, upon hearing an appeal under subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, deems it advisable to amend By-law 22-90, as amended, for the Town of Orangeville, to permit the use of Part of Lot 5, Concession C, in the Town of Orangeville, County of Dufferin, municipally known as 780 Broadway for a mixed-use development featuring 69 back-to-back townhouse dwellings and a 920 square-metre single-storey commercial building on this property.

The Ontario Land Tribunal orders as follows:

1. That the land subject to this By-law consists of Part of Lot 5, Concession C, in the Town of Orangeville, County of Dufferin, municipally known as 780 Broadway and as more particularly shown on Schedule “A” attached to this By-law.

2. That Schedule “A” attached hereto forms part of this By-law.

3. That Schedule “A”, Map No. C1 to Zoning By-law No. 22-90, as amended, is hereby further amended by rezoning the subject lands from the “Service Commercial (C3) Zone” to “Neighbourhood Mixed Use (NMU) Special Provision 24.241 Zone”, as depicted on Schedule “A” attached to this By-law.

4. That Section 24 of Zoning By-law No. 22-90, as amended, is hereby further amended by adding a new Section 24.241 as follows:

5. 1. Notwithstanding the provisions of Section 24A.1 to 24A.4 (Permitted Uses) only the following uses shall be permitted on the lands zoned Neighbourhood Mixed-Use (NMU) Special Provision 24.241 Zone:

a) Permitted Residential Uses a townhouse dwelling a dwelling, multiple a back-to-back townhouse dwelling a mixed-use building

b) Permitted Non-residential Uses a business of professional office a financial establishment a medical laboratory a medical centre a nursery school a personal service shop a recreational establishment a restaurant a retail store a repair, service or rental establishment a veterinarian clinic

2. Notwithstanding Section 2 (Definitions), the following definition shall apply to the lands zoned Neighbourhood Mixed-Use (NMU) Special Provision 24.241 Zone:

"DWELLING, BACK-TO-BACK TOWNHOUSE" means a building containing four or more dwelling units divided by vertical common walls including a common rear wall above the first storey, where each dwelling unit has an independent entrance, either directly or through a common vestibule.

3. Notwithstanding Sections 24A.4 to 24A.8 (Regulations for Permitted Residential Uses and Non-Residential Uses), the following regulations shall apply to the lands zoned Neighbourhood Mixed-Use (NMU) Special Provision 24.241 Zone:

a) Regulations for all Permitted Uses

i) Maximum density 60units per hectare

ii) Building Height (maximum)

• For any building within 20 metres of a Residential (R) Zone 11.5 metres, or three (3) storeys, whichever is less
• For all other buildings 14.5 metres, or four (4) storeys, whichever is less

iii) Coverage for all buildings and parking areas (maximum) 65%

b) Regulations for Back-to-Back Townhouse Dwellings

i) For a lot containing a Back-to-Back Townhouse Dwelling, the front lot line shall be deemed the lot line opposite to the main building wall containing a garage or main pedestrian entrance.

ii) Lot Frontage (minimum) 6.0 metres

iii) Front Yard (minimum)

• to a private street line 0.3 metres
• to a public street line 5.0 metres
• to any other front lot line 2.0 metres

iv) Exterior Side Yard (minimum) to a private street line 2.0 metres

v) Interior Side Yard (minimum)

• On a side containing a party wall dividing the dwelling 0.0 metres
• On a side which does not contain a party wall
• 3.0 metres to a side wall of a building
• 3.5 metres to any other lot line

vi) Rear Yard (minimum) 0.0 metres

vii) Gross floor area (minimum)

• 130 square metres per dwelling unit containing 3 or more bedrooms.
• 95 square metres per dwelling unit containing 2 bedrooms or less.

viii) The location of buildings containing back-to-back townhouse dwellings on the lands zoned Neighbourhood Mixed-Use (NMU) Special Provision 24.241 Zone shall be governed by the following requirements:

• The minimum setbacks between buildings shall be: o 11.0 metres between exterior building walls containing garage doors and/or pedestrian entrances. o 3.0 metres between any other building walls

ix) Notwithstanding the minimum required front and exterior side yard requirements, the following encroachments are permitted:

• Uncovered porches and stairs are permitted to encroach a maximum of 2.0 metres into the minimum required front yard
• Balconies are permitted to encroach up to a maximum of 1.8 metres into the minimum required front yard and/or side yard.

c) Regulations for Non-Residential Uses i) Front Yard (minimum) 2.0 metres ii) Exterior Side Yard to a private street line (minimum) 3.0 metres iii) Interior Side Yard (minimum) 3.0 metres iv) Rear Yard (minimum) 7.5 metres v) Combined gross floor area for all non-residential uses (minimum) 800 square-metres

4. Notwithstanding the provisions of Section 5.17 (Parking Area Regulations), parking spaces shall be provided in accordance with the following:

a) Back-to-Back Townhouse Dwelling

• 2.0 spaces per unit containing 3 or more bedrooms
• 1.0 spaces per unit containing 2 or fewer bedrooms

b) A minimum of 0.25 parking spaces per dwelling unit for visitors to a permitted residential use.

c) A minimum of 1 parking space for each 20 square metres of floor area for retail, office and other service establishment uses.

d) Visitor and non-residential parking spaces required by b) and c) above may be shared. All such parking spaces shall be clearly identified as being reserved for the exclusive use of residential visitors and non-residential uses within specified time periods.

Passed by an Order of the Ontario Land Tribunal Order issued on

Schedule “A”

Location: Part of Lot 5, Concession C (Geographic Township of Garafraxa), Town of Orangeville, County of Dufferin

Lands rezoned from “Service Commercial (C3) Zone” to “Neighbourhood Mixed-Use (NMU) Zone, Special Provision 24.241”

ATTACHMENT 3