October 4,2013 PL PL110517

Size: px

Start display at page:

Download "October 4,2013 PL PL110517"

Derrick Richardson
5 years ago
Views:

1 ISSUE DATE: October 4,2013 Ontario Municipal Board Commission des affaires municipales de I'Ontario IN THE MATTER OF subsection 17(40) of the Planning Act, R.S.O. 1990, c. P.13, as amended Subject: Municipality: OMB Case No.: OMB File No.: John Hayes Green Lane North Realty Inc., DDR Green Lane Bayview GP Inc., DDR East GP Inc., DDR GL West GP Inc. & Yonge Green Lane GP Inc. (collectively part of the Rice Commercial Group of Companies) Martin Pick, Thomas Pick & Ontario Inc. Dorzil Developments (Bayview) Ltd. Ontario Restaurant and Motel Association Wendy's Restaurants of Canada Inc. McDonald's Restaurants of Canada Ltd. A & W Food Services of Canada Inc. TDL Group Corp. King Cole Holdings Limited South,Sharon Developments Inc Ontario Inc. and Yonge & Green Lane Developments Ltd. The Acorn Development Corporation Farm Cove Holdings Inc. Fetlar Holdings Limited Ladyfield Construction Ltd. Weehauken Homes Inc. Patapsco Developments Inc. Queensville Properties Development Ontario Limited Miller Paving Limited Failure of the Regional Municipality of York to announce a decision respecting the proposed new Official Plan for the Town of East Gwillimbury Town of East Gwillimbury

2 - 2 - IN THE MATTER OF subsection 41 (12) of the Planning Act, RS.O. 1990, c. P.13, as amended Referred by: Subject: Property Address/Description: Municipality: OMB Case No.: OMB File No.: John Hayes Site Plan Highway 48/Part of Lot 30, Concession 8 Town of East Gwillimbury John Hayes has appealed to the Ontario Municipal Board under subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, from Council's neglect to enact a proposed amendment to the Official Plan for the Town of East Gwillimbury to redesignate an approximately hectare (50 acres) parcel of land legally described as Part of Lot 30, Concession 8, in the Town of East Gwillimbury, municipally known as Highway 48, from "Rural Area" and "Environmental Protection Area" to "Recreation Area" for the purpose of recognizing the existing private nine (9) hole Blackwater Golf Course to be used for commercial purposes Town of East Gwillimbury File No. OPA O.M.B. Case No. O.M.B. File No. PL John Hayes has appealed to the Ontario Municipal Board under subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, from Council's neglect to enact a proposed amendment to Zoning By-law 97-50, as amended, of the Town of East Gwillimbury to rezone an approximately hectare (50 acres) parcel of land legally described as Part of Lot 30, Concession 8, in the Town of East Gwillimbury, municipally known as Highway 48, from "Rural (RU)" to "Open Space (01) Zone" for the purpose of recognizing the existing private nine (9) hole Blackwater Golf Course to be used for commercial purposes Town of East Gwillimbury File No. ZBA O.M.B. Case No. PL O.M.B. File No. PL APPEARANCES: Parties Town of East Gwillimbury Regional Municipality of York Ontario Inc. and Martin & Thomas Pick Counsel* I Agent Bruce Ketcheson*IDonald Sinc/air*/Andrew Biggart* Barbara Montgomery*/Lauren Chee-Hing* Jason Lewis*

3 Ontario Inc. & Yonge and Chirs Barnett* Green Lane Developments Ltd. Hintonview Developments Inc. Mancombe Developments Inc. Beaugrave Developments Inc. Mounthill Developments Inc. Oriel Veil Investment Corp. Venturon Development (East Gwillimbury) Inc Dorzil Developments (Bayview) Ltd. John Hayes Jason Lewis* Amber Stewart* Rice Commercial Group of Companies The Acorn Development Corporation Farm Cove Holdings Inc. Fetlar Holdings Limited Ladyfield Construction Limited TDL Group Corp. A&W Food Services of Canada Inc. McDonald's Restaurants of Canada Ltd. Ontario Restaurant Hotel and Motel Association Wendy's Restaurants of Canada Inc. Patapsco Developments Inc. Queensville Properties Development Weehauken Homes Inc. Miller Paving Limited Susan Rosenthal* Jennifer Drake* Denise Baker* (DNA) Jennifer Drake* Jason Lewis*

4 - 4 - W.J. Smith Gardens Limited South Sharon Developments Inc Ontario Limited Ontario Inc Ontario Inc. Yonge and Green Lane South Developments Corp Ontario Limited Neil Davis* (DNA) Jason Park* Caterina Facciolo* Daniel Musso*(DNA) Steven Zakem* (DNA) Michael Domovitch* Elden Mills Developments York Catholic District School Board Bobby Bhoola (DNA) P. Williams* (DNA) Participants (who appeared) Ontario Corp. Howard Friedman Ontario Inc. Angelo Antonangeli Trevor Rose Catholic Cemeteries Archdiocese of Toronto Mike Everard DECISION DELIVERED BY J. de. P. SEABORN AND ORDER OF THE BOARD INTRODUCTION [1] The appeals before the Board arise from the new Official Plan ("OP") of the Town of East Gwillimbury ("Town"). A further prehearing conference was held to finalize several procedural matters, addressed below. The Town also sought an order from the seeking approval of certain policies that have been modified.

5 - 5 - PARTIAL APPROVAL ORDER [2] The Town sought an order from the Board seeking approval of certain policies that have been modified and are identified in the OP. The rationale and planning basis for the request was set out in a notice of motion served (Exhibit 27) on all parties and filed with the Board in advance of the prehearing. The motion record (Exhibit 28) contained the supporting affidavit of Carolyn Kellington, General Manager of the Development Services Department and a land use planner qualified to give expert opinion evidence. Ms. Kellington augmented her evidence filed by way of affidavit in oral testimony explaining the rationale for the additional modifications. The modifications and policies for which the Board's approval is sought are set out in Attachment 1, which represents Appendix A (as amended, following the hearing) to Ms. Kellington's affidavit (Exhibit 28, Tab 2B). These modifications are in addition to the previous modifications made following decisions issued by the Board as a result of previous prehearing conferences. These particular modifications for which approval is sought are explained in detail in Ms. Kellington's affidavit and cover specific policies found in chapters 2, 3, 4, 5 and 7 of the Town's OP. [3] A comprehensive planning document, the Town's OP was created in part to manage long term growth and development of the Town to The OP implements several provincial initiatives launched since approval of the in force official plan, including the Oak Ridges Moraine Conservation Plan, the Greenbelt Plan, the Growth Plan, the Provincial Policy Statement ("PPS"), the Lake Simcoe Protection Plan and the York Region Official Plan Ms. Kellington testified that the policies for which approval is sought represent good planning, have regard to the provincial interest, are consistent with the PPS and conform to all applicable provincial plans. The precise wording of the modifications for which approval is sought is set out in Exhibit 28, Tab 2C (subject to some adjustment, as described by Ms. Kellington in respect of certain policies contained in chapter 2 of the Town's OP). I adopt and rely upon the opinion of Ms. Kellington and order that the the policies as modified and set out in Attachment 1 are approved.

6 - 6 - ISSUES LIST AND DRAFT PROCEDURAL ORDER [4] Mr. Ketcheson filed a further draft procedural order (Exhibit 29) which sets out the parties, participants and issues for the hearing. There was no request to issue the procedural order given it has been prepared in anticipation of a spring 2014 hearing and will require refinement. Counsel will continue to work toward narrowing the issues, which were identified in accordance with earlier direction from the Board. Some issues and parties can be removed. For example, the modifications identified by the Town have satisfied the concerns of particular parties or appellants (Mr. Zakem advised, through Mr. Ketcheson, that the modifications resolve the issues of Yonge and Green Lane South Developments Ltd.) and therefore the policies to be considered at the hearing continue to narrow. The Town will request that the procedural order (as revised) be issued following the next prehearing conference, scheduled for February FUTURE HEARING DATES [5] The next prehearing conference is scheduled for Friday February 21, 2014 at 10:30 a.m. at: Mount Albert Lion's Community Centre Main Hall, 5057 Mount Albert Road Mount Albert, ON No further notice will be given. I will continue to case manage these appeals. [7] Mr. Biggart indicated that he may require a motion hearing prior to the next prehearing to resolve a matter between the Town and Mr. Domovitch's client. Counsel may contact the Case Coordinator and arrange for a motion date (which may held by way of telephone conference) in the event a hearing is required. [8] The hearing is scheduled for nine days commencing Tuesday, May 20,2014 at 10:30 a.m. at: Mount Albert Lion's Community Centre Main Hall, 5057 Mount Albert Road Mount Albert, ON

7 - 7 - No further notice will be given. I am not seized of the hearing. [9] John Hayes, an appellant represented by Ms. Stewart, also has two site specific private appeals before the Board (PL ). These site specific matters will be further addressed at the next prehearing for the Town's OP, scheduled for February 21,2014 (as set out above). With respect to the joint request that a two week hearing be scheduled for July 2014, the Board directs counsel to contact the Case Coordinator for PL who will assist in accommodating (subject to the Board's calendar) the request for a two week hearing. [10] I will continue to case mange these appeals and if any issues arise before the next prehearing, I may be contacted through the Case Coordinator. "J. de. P. Seaborn" J. de. P. SEABORN VICE CHAIR

8 --.~-.-.~ PL ATTACHMENT 1 APPENDIX!>. Polities to Proftf!d to Allpro\';iJ Scptember ~. "im3 $~ct!an 3 il uii lv, yi '13lwl li,edi' Vlif,i 31l21H!al' ~ 3':11;11 451i,II',,,lI=die!;'", "I v,, i4 4 IfuElq,..... C-.. l!" ui' ml' l411,rpo" fe"<i'il 2,.lB '(JUI'J, 2 i1101 nm~" iliv,1 "2tah, ""/n fat au/dea «",", lise lb J 01" i!,7rvrjuiq :Utlf '''''P.PD"! iv kiw"'un HerJn' ii ~Qia, 2.,[Jlmrtl..-~~ r'tio~4 04 Id,iii (<iii -,lvl 4.BAt] ",rted!", "iriv'ej I"U.'i!Avriiui en a HE J"riik bdj.' sections 51B new51.1l " news 1!i Section 7 77 Pill'

9 - 9 - ;"" I,vi rd.v77 I "0,,7 n 3 o:j cia 1 '0 l:e dedtd ;0 b; deielc:!... -

Ontario Municipal Board Commission des affaires municipales de l Ontario

ISSUE DATE: November 10, 2011 Ontario Municipal Board Commission des affaires municipales de l Ontario PL080248 PL090856 PL100393 PL081268 PL080354 Orlando Corporation, Maple Lodge Farms Limited, The May