Ontario Land Tribunal

ISSUE DATE: February 7, 2022

CASE NO.: PL131126

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended

Applicant and Appellant: Carson Road Development Inc. and 1757688 Ontario Inc. Subject: Application to amend Zoning By-law No. 5000 – Refusal or neglect of Township of Springwater to make a decision Existing Zoning: Agricultural (A) Zone Proposed Zoning: Residential (R2-X) Zone, Residential (R3-X) Zone, and Open Space (OS) Zone Purpose: To permit a residential development consisting of single detached and semi-detached dwellings, on-street townhouses and laneway townhouses, together with parkland, open space uses, a stormwater management pond and a school Property Address/Description: Part of Lots 14 and 15, Concession 6 Municipality: Township of Springwater OMB Case No.: PL131126 OMB File No.: PL131126

PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P. 13, as amended

Applicant and Appellant: Carson Road Development Inc. and 1757688 Ontario Inc. Subject: Proposed Plan of Subdivision - Failure of Township of Springwater to make a decision Purpose: To permit the development of a plan of subdivision Property Address/Description: Part of Lots 14 and 15, Concession 6 Municipality: Township of Springwater Municipal File No.: SP-T-1005 OMB Case No.: PL131126 OMB File No.: PL101071

BEFORE: R.G.M. MAKUCH VICE-CHAIR

Monday, the 7th day of February, 2022

THESE APPEALS made by Carson Road Development Inc. and 1757704 Ontario Inc., having come on for a Public Hearing; and after the Hearing the Tribunal in its Decision issued October 29, 2014 having amended Zoning By-law No. 5000 of the Township of Springwater on a site specific basis and having granted approval to the draft Plan of Subdivision with Township File No. SP-T-1005 (the “Draft Plan”) subject to the fulfillment of the conditions that were imposed;

AND THE TRIBUNAL having received a request from Midhurst Valley Development Inc. (formerly, Carson Road Development Inc. and 1757688 Ontario Inc.) to make a further modification to condition 34 contained in the Tribunal’s Decision and Order issued October 29, 2014;

AND THE TRIBUNAL having been previously informed that the County of Simcoe has delegated approval authority in respect of the Draft Plan authority to the Township of Springwater;

AND THE TRIBUNAL having been informed that the Township of Springwater consents to the approval of the foregoing modification to Condition 34 of the draft plan conditions;

THE TRIBUNAL ORDERS that condition 34 attached as part of Appendix B to the Tribunal Decision and Order be removed and replaced with the following revised condition 34:

“Prior to any site servicing, the Owner shall satisfy the Approval Authority that the required approvals relating to the municipal water and sanitary systems for the plan of subdivision or phase thereof, including, without limitation, the Environmental Compliance Approval from the Ministry of the Environment, Conservation and Parks for the sanitary system are, or will be, available.”

The Tribunal may be spoken to in the event any matter or matters should arise in the connection with the implementation of this Order.

“Euken Lui”

EUKEN LUI ACTING REGISTRAR

Ontario Land Tribunal Website: 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.