The final decision on placing four winterized trailers in the parking lot of Bradford Community Church is now in the province’s hands.
Bradford West Gwillimbury council decided not to support WOW Living in its request for a Minister’s Zoning Order (MZO) to allow it to move forward with an affordable housing development at Line 9 and County Road 4.
The matter will now likely be determined by the Ontario Land Tribunal (OLT).
In September 2022, council passed a temporary zoning bylaw amendment to permit up to four park model trailers on the property of Bradford Community Church, located at 2465 Line 9. During that meeting, six different residents participated in open forum, with both sides of the debate represented. As well, 14 area residents submitted a letter to council prior to that meeting, all opposing the temporary zoning bylaw.
Following that decision, a nearby landowner appealed the decision to the OLT, bringing the project to a halt. That hearing is scheduled for April 13.
“We were prepared to complete work on the first dwelling so that residents could move in the fall of 2022, but unfortunately, council’s approval was appealed to the Ontario Land Tribunal,” Jodie Greenstreet, Executive Director of WOW Living, wrote in a letter to council. “While we respect an individual’s right to appeal such matters, we believe this case is without merit as the small homes for our residents will have absolutely no impact on the appellant’s property.”
Not so, argued local realtor Stephanie Sinclair. During open forum at the March 7 meeting, she provided her professional opinion to council regarding the suitability of the land in question to be home to such a development. To her, it's the wrong place for an affordable housing development, but her opposition goes deeper than that.
“There are many factors and unknown variables that can affect the completion of this project,” she said, adding that while she respects the previous council’s decision to approve the temporary bylaw, she wants the current council to “allow the residents of the 50-plus taxpaying houses surrounding the proposed site their opportunity to be heard at the Ontario Land Tribunal.”
Coun. Nick Harper also found WOW Living’s position to be contradictory.
“If we… give an MZO, overstepping the people’s voices to be heard, that gives me real issues,” he said. “If we don’t give the people their voices to be heard, (then WOW Living doesn’t) have to the answer the questions and concerns.”
The cost of fighting the case at the OLT would “place our project in jeopardy,” Greenstreet wrote, which Sinclair suggested was further proof the affordable housing proposal would ultimately be a detriment to the municipality.
But if WOW Living was on the right side of an MZO, the decision of the OLT will be irrelevant.
Council was informed in mid-February that WOW Living would be seeking an MZO for its proposal. The decision levied in the MZO would be final, even if it is in opposition to a previously passed municipal bylaw or direction of council.
The MZO is a tool that’s been utilized “at a considerably greater rate” by the current provincial government than by their predecessors under the auspices to “advance housing, transit and infrastructure-supportive projects,” staff indicated in a report to council.
Before considering an MZO request, the Ministry of Municipal Affairs “prefers” to receive a letter of support from a municipal council, councillors were told.
But most councillors weren’t in favour of taking that step. To supersede the OLT would be to deny area residents their voice in the process, which did not sit well with the majority at the table, particularly Coun. Joe Giordano and Coun. Peter Ferragine, alongside Harper and Coun. Peter Dykie.
Giordano agreed with many of Sinclair’s points from open forum, and worried about the precedent such a move would set.
“Let’s say a farmer turns around and says ‘I want to put 25 trailers on my property and bring and house a bunch of migrant workers,’” Giordano said. “This is Yonge Street… I can’t be in favour of this. I think there are better opportunities, better locations, to house this.”
Ferragine maintained his support of the project from the previous term of council. However, introducing an MZO to the equation created too much uncertainty, especially considering the concern he heard while canvassing during the recent municipal election.
“I’m under the understanding that we can have stipulations in that MZO, but the ministry doesn’t have to follow that,” Ferragine said. “I had residents asking me about this (across the road, on Line 9) and I assured them that this was only a temporary project… to see where it went. The fact we’ve gotten to a point where we’re asking for an MZO, I cannot support because I do not know which way this is going to go.”
Coun. Jonathan Scott told his colleagues he’s been trying to find a compromise between WOW Living and the neighbours since the beginning of this process. He put an amendment on the floor, which was successful, to ensure the ministry respected the temporary bylaw as passed by council.
But a second concern he brought up, regarding the ministry’s responsibility in initiating further consultation with residents, ultimately helps see the motion to support the MZO be defeated.
“I don’t believe there is any formal requirement for the minister to conduct any additional consultation,” confirmed Chief Administrative Officer Geoff McKnight.
Mayor James Leduc, Deputy Mayor Raj Sandhu and Coun. Chearldean Duhaney were in favour of the motion.
Duhaney was concerned about where those in need of affordable housing could go if this development ultimately would not come to pass, while Sandhu reiterated his support for the development, and the MZO, provided that council’s wishes were upheld, similar to the amended motion that was put to a vote.
The mayor was much more pointed in his criticism of those who were in opposition to supporting WOW Living on this matter. He felt that as affordable housing was a critical matter, it was worthy of an MZO request and one worthy of council support.
“The churches have a lot of land; we have an affordable housing crisis here… and the churches can become an absolute opportunity for us to deliver affordable housing without it being a real burden or impact on the taxpayers,” Leduc said. “So I think you need to think a little bit clearer on it, and not think about NIMBYism and think about how we’re going to deliver affordable housing.”
The motion fell in a recorded vote with five councillors opposed and three in favour. Coun. Ben Verkaik declared a conflict of interest and did not participate in the debate on the matter.
