Ontario Municipal Board Commission des affaires municipales de I' Ontario Ontario ISSUE DATE: October 21, 2015 CASE NO(S).: PL111181 PROCEEDING COMMENCED UNDER subsection 17(36) ofthe Planning Act, R.S.O. 1990, c. P.13, as amended Subject: Municipality: OMS Case No.: OMS File No.: OMS Case Name: 285622 Ontario Ltd. (Midves) Gordon Crawford Estate Of Marie Louise Frankcom (Trust.S.Frankcom) Daniel Mallory; and others Proposed Official Plan Amendment No. 38 Township of Springwater PL111181 PL111181 285622 Ontario Ltd. (Midves) v. Springwater (Township) Heard: September 18, 2015 in Midhurst, Ontario APPEARANCES: Parties Counsel See Attachment 1 MEMORANDUM OF ORAL DECISION DELIVERED BY KAREN KRAFT SLOAN ON SEPTEMBER 18, 2015 AND ORDER OF BOARD INTRODUCTION [1] This was the second pre-hearing conference ("PHC") on Official Plan Amendment ("OPA") 38 of the Township of Springwater ("Township"). The purpose of
2 PL111181 this PHC was to prepare for future Board hearing events related to appeals of OPA 38. Attendance is recorded in Attachment 1. The PHC agenda included the following: lit Preliminary Matters and Overview 285622 Ontario Ltd. ("Midves") Motion Status of Remaining Appeals and Issues List lit Future Board Hearing Dates PRELIMINARY MATTERS AND OVERVIEW [2] At the first PHC, the Board directed the Midhurst Ratepayers' Association ("Midhurst Ratepayers") to bring a Motion returnable at this PHC (September 18, 2015) if it intends to pursue Party status. The representative of the Midhurst Ratepayers informed the Board that they have yet to secure counsel and as a result did not submit a Motion seeking Party status. The Board reminded their representative that this is a matter that should be clarified as soon as possible as the Parties are moving forward in preparation of the appeals' processes. [3] Counsel for Carson Trail Estates Inc. ("Carson Trail") asked the Board to revise the Decision and Order (issued May 26, 2015) of the first PHC. He informed the Board that his client was granted Party status at the first PHC. He added that Carson Trail's Party status had been sought on the basis of sheltering under the Ministry of Municipal Affairs and Housing's ("MMAH") appeal, whereas the Board Decision and Order (issued May 26, 2015) states that Carson Trail was granted Party status as it "owns property abutting the lands that are the subject of one of the site specific appeals, and as such, has a direct interest in the outcome of that appeal in so far as any disposition of that matter may affect their lands". The Board directed Carson Trail to submit a letter to the Board outlining its request and to include the Parties on the circulation.
3 PL111181 [4] Counsel for the Township provided a brief overview of OPA 38 with specific reference to the MMAH appeal (Exhibit 4). He presented a letter from MMAH dated November 28, 2012, which sets out the MMAH partial withdrawal of its appeal and identifies those areas still under appeal. Included in the MMAH letter is a request that the remaining MMAH be adjourned sine die, which was subsequently granted by the Board (Exhibit 3). MIDVES MOTION [5] Midves filed and presented a Motion asking that the Board allow its appeal to OPA 38 be heard at the same time as appeals to the Midves draft plan of subdivision and site-specific zoning by-law amendment ("ZBLA") (Exhibit 5), which are separate appeal processes. In its response to the Midves Motion (Exhibit 6), the Township supported the Midves' request subject to the following conditions: 1. No other order is being sought on this motion except as may be required to address concerns raised by the Board or other Parties. 2. Apart from the order itself, it would be strictly without prejudice to whatever positions the Parties may take with respect to the timing, sequencing or phasing of hearings respecting development applications for lands within OPA 38 and where the Midves appeals fall within that process, as may be agreed among the Parties or determined by the Board. 3. It would be strictly without prejudice to whatever positions the Parties may take on the planning issues relevant to the Midves OPA 38 appeal or the Midves Draft Plan and ZBLA appeals, including but not limited to the suitability of the Midves lands for residential uses or the issue of population allocation. [6] County of Simcoe ("County") supported the Township's position and conditions, and the Parties agreed on consent. The Board ordered that Midves' request to allow its appeals to OPA 38 be heard at the same time as the Midves draft plan of subdivision and site-specific ZBLA appeals is approved, subject to the terms outlined in the Township's Response to the Midves Motion (Exhibit 6).
4 PL111181 STATUS OF REMAINING APPEALS AND ISSUE LIST [7] Counsel for the Township provided an update on the remaining appeals and he was hopeful that some might proceed to settlement. He informed the Board that Procedural Orders would be developed that are tailored to each of the various hearing events and appeals. [8] Preparation of the Issue List and the Consolidated Issues List was discussed. The Board directed Parties to submit their Issues List by end of day Friday, October 30, 2015. The Township will prepare and circulate a draft Consolidated Issues List to the Parties for comment by end of day Friday, November 13, 2015. The revised Consolidated List will be posted on the Township website by end of day Friday, November 27, 2015. The Board notes that neither the County nor MMAH would be submitting issues for the initial Issue List deadline. FUTURE BOARD HEARING DATES [9] Future Board hearing events were discussed and Board hearing dates were identified. Counsel asked that the dates are scheduled without prejudice as they have yet to seek instructions from their clients. Midves has an interest in population allocation involving the interpretation and application of pertinent sections of the Growth Plan for the Greater Golden Horseshoe, ("Growth Plan"). Counsel for the Township stated that other Parties might also have an interest in this hearing, which was confirmed at the PHC, and the Board directed that in addition to following the Board's Rules of Practice and Procedure, the Motion material should also be posted on the website. Counsel for Midves told the Board that three days would be enough to address the Motion. Additionally, the Township requested that the Board set aside time to hear a preliminary jurisdictional matter prior to the hearing on the merits as well as asking that a six week block of time is scheduled for the hearing on the merits. [1 0] Future Board hearing events are set out as follows:
5 PL111181 Motion Hearing [11] The purpose is to hear a preliminary Motion concerning Midves' interest in population allocation involving the interpretation and application of pertinent sections of the Growth Plan. This hearing has been scheduled for three days commencing on Wednesday, January 13,2016 at 10:30 a.m. at: Council Chambers Township of Springwater 2231 Nursery Road, Minesing Springwater, Ontario No further notice will be required. The Member is not seized of the hearing. Telephone Conference Call ("TCC")- March Hearing [12] This purpose of this TCC is to prepare for the five day preliminary jurisdictional issues hearing scheduled to commence on March 7, 2016. The TCC has been scheduled for Friday, February 26, 2016 commencing at 9 a.m. Individuals are directed to call416-212-8012 or Toll Free 1-866-633-0848 on the assigned date at the correct time. When prompted, enter the code 4779874# to be connected to the call. If assistance is required at any time, press '0' for the operator. Cellular telephones are not permitted to be used for the call. It is the responsibility of the persons participating in the call to ensure that they are properly connected to the call and at the correct time. Questions prior to the call may be directed to Ryan Co, the Board's Case Coordinator, at 416-326-8946. [13] There will be no further notice of the TCC. The Member is not seized of the TCC. Hearing - Preliminary Matters: Jurisdictional Issues [14] This hearing has been scheduled for five days commencing on Monday, March 7, 2016 at 10:30 a.m. at the same venue as above. No further notice will be required. The Member is not seized of the hearing.
6 PL111181 Hearing -Overall OPA 38 Appeals [15] This is a hearing on the merits on the appeals to OPA 38. This hearing has been scheduled for six weeks to commence on Monday, September 19, 2016 at 10:30 a.m. at the same venue as above. No further notice is required. The Member is not seized of the hearing on the merits. (16] If any matters arise between now and the next hearing event, the Case Coordinator and the Board will make such other direction as it considers appropriate at that time. "Karen Kraft Sloan" KAREN KRAFT SLOAN MEMBER If there is an attachment referred to in this document, please visit www.elto.gov.on.ca to view the attachment in PDF format. Ontario Municipal Board A constituent tribunal of Environment and Land Tribunals Ontario Website: www.elto.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
Attachment 1- Record ofattendance- PL111181 PHC- 2 September 11, 2015 APPELLANTS Mallory Estate Marc Kemerer* Dan Mallory Self-reQ_resented Ministry of Municipal Affairs and Ken Hare* Housing 285622 Ontario Ltd. (Midves) Scott Snider* Estate of Marie Louise Frankcom Jay Feehely* PARTIES Township of Springwater County of Simcoe (arson Trail Estates Inc. PARTICIPANTS City of Barrie Midhurst Rose Alliance Inc. Midhurst Rose Alliance Cooney Inc. Midhurst Rose Alliance O'Brien Inc. Midhurst Development Doran Road Inc. Carson Road Development Inc. Midhurst Ratepayers' Association Barnet Kussner* Marshall Green* Daniel Artenosi* Peter Krysiak* Paul DeMelo* Susan Rosenthal* Kate Fairbrother* Sandy Buxton David Strachan Kevin Neman