Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: April 4, 2023

CASE NO(S).: OLT-21-001684

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

Applicant and Appellant: FarSight Investments Ltd.

Subject: Application to amend Zoning By-law No. 03-57 - Refusal or neglect of Township of Adjala-Tosorontio to make a decision

Existing Zoning: C1 Restricted Commercial Zone

Proposed Zoning: Hamlet Residential One Exception 25 (HR1-25), Hamlet Residential One Exception 26 (HR1-26), Hamlet Residential One Exception 27 (HR1-27), Hamlet Residential Two Exception 3 (HR2-3), Open Space Recreation Exception 3 (OSR-3), Open Space Recreation Exception 4 (OSR-4), Open Space Conservation Exception 3 (OSC-3) & Institutional Exception 4 (I-4)

Purpose: To permit construction of a subdivision to allow for 823 detached single-family dwellings and 415 attached single-family dwellings

Property Address/Description: 6373 County Road 13

Municipality/UT: Adjala-Tosorontio/Simcoe

Municipality File No.: Z/07/21

OLT Case No.: OLT-21-001684

OLT File No.: OLT-21-001684

OLT Case Name: FarSight Investments Ltd. v. Adjala-Tosorontio (Township)

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

Applicant and Appellant: FarSight Investments Ltd.

Subject: Proposed Plan of Subdivision - Failure of Township of Adjala-Tosorontio to make a decision

Purpose: To permit construction of a subdivision to allow for 823 detached single-family dwellings and 415 attached single-family dwellings

Property Address/Description: 6373 County Road 13

Municipality/UT: Adjala-Tosorontio/Simcoe

Municipality File No.: D12/FAR/21

OLT Case No.: OLT-21-001684

OLT File No.: OLT-21-001685

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: FarSight Investments Ltd.

Subject: Request to amend the Official Plan – Failure to adopt the requested amendment

Description: To permit construction of a subdivision to allow for 823 detached single-family dwellings and 415 attached single-family dwellings

Reference Number: D09/O02/22

Property Address: 6373 County Road 13

Municipality/UT: Adjala-Tosorontio/Simcoe

OLT Case No.: OLT-23-000014

OLT Lead Case No.: OLT-21-001684

Heard: March 28, 2023, by video hearing

APPEARANCES:

Parties Counsel/Representative*

FarSight Investments Ltd. ("FarSight") Jennifer Meader

Township of Adjala-Tosorontio ("Township") Lee English Isaac Tang (in absentia)

Simcoe County ("County") Marshall Green

Simcoe County District School Board ("County DSB") Michael Cara

MEMORANDUM OF ORAL DECISION DELIVERED BY WILLIAM MIDDLETON ON AND KURTIS SMITH ON MARCH 28, 2023 AND ORDER OF THE TRIBUNAL

1This is the third Case Management Conference ("CMC") held in this proceeding. The background in this matter was described in the OLT Decision issued on December 30, 2022, arising from the second CMC and need not be repeated here.

2At the second CMC held on October 27, 2022, the Parties were in agreement that this third CMC should be held, at which the Appellant would present a draft Procedural Order ("PO") to govern the conduct of these appeals. The draft PO was delivered to the Tribunal on March 27th, one day prior to this CMC.

3Counsel for the Parties advised the Tribunal that the draft PO reflected their agreement on the Issues List contained therein and that they sought to arrange a three- week hearing for these appeals.

4For the first time, a person sought Participant status in this matter at this CMC: Cheryl Palmer. Ms. Palmer filed a status request with the Tribunal and also provided a written statement. She resides in an area adjacent to the development proposed by the Appellant. There were no objections raised by any of the Parties and the Tribunal granted her request.

5The Tribunal has scheduled the hearing to take place on April 15, 2024 to May 3, 2024.

6Parties and participants are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections:

GoTo Meeting: https://global.gotomeeting.com/join/719383509

Access code: 719-383-509

7Parties and Participants are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html

8Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: (Toll Free) 1-888-299-1889 or +1 (647) 497-9373. The access code is 719-383-509.

9Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the hearing by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.

10Subsequent to this CMC the Parties submitted a revised version of the PO to reflect the applicable dates stemming from the now-scheduled merits hearing date described above in paragraph [5] to paragraph [9]. Counsel for the Appellant and for the Township also advised the Tribunal that there may be further revisions to the Issues List pending discussions between them involving the narrowing or scoping of certain matters.

ORDER

11The Tribunal Orders that the Procedural Order appended hereto as "Attachment A" shall govern the conduct of this proceeding. Should the Procedural Order require further revision, the Parties shall make written submissions to the Tribunal regarding same.

12The Tribunal Orders that Ms. Cheryl Palmer is granted Participant status.

13The Members will be available to provide ongoing case management assistance as required, subject to the Tribunal’s scheduling requirements.

"William Middleton"

WILLIAM MIDDLETON

VICE CHAIR

"Kurtis Smith"

KURTIS SMITH

MEMBER

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.

Attachment A

OLT Case No. OLT-21-001684

Ontario Land Tribunal

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

Applicant and Appellant: FarSight Investments Ltd.

Subject: Application to amend Zoning By-law No. 03-57 - Refusal or neglect of Township of Adjala-Tosorontio to make a decision

Existing Zoning: C1 Restricted Commercial Zone

Proposed Zoning: Hamlet Residential One Exception 25 (HR1-25), Hamlet Residential One Exception 26 (HR1-26), Hamlet Residential One Exception 27 (HR1-27), Hamlet Residential Two Exception 3 (HR2-3), Open Space Recreation Exception 3 (OSR-3), Open Space Recreation Exception 4 (OSR-4), Open Space Conservation Exception 3 (OSC-3) & Institutional Exception 4 (I-4)

Purpose: To permit construction of a subdivision to allow for 823 detached single-family dwellings and 415 attached single-family dwellings

Property Address/Description: 6373 County Road 13

Municipality: Township of Adjala-Tosorontio

Municipality File No.: Z/07/21

OLT Case No.: OLT-21-001684

OLT File No.: OLT-21-001684

OLT Case Name: FarSight Investments Ltd. v. Adjala-Tosorontio (Township)

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

Applicant and Appellant: FarSight Investments Ltd.

Subject: Proposed Plan of Subdivision - Failure of Township of Adjala-Tosorontio to make a decision

Purpose: To permit construction of a subdivision to allow for 823 detached single-family dwellings and 415 attached single-family dwellings

Property Address/Description: 6373 County Road 13

Municipality: Township of Adjala-Tosorontio

Municipality File No.: D12/FAR/21

OLT Case No.: OLT-21-001684

OLT File No.: OLT-21-001685

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: FarSight Investments Ltd.

Subject: Request to amend the Official Plan – Failure to adopt the requested amendment

Description: To permit construction of a subdivision to allow for 823 detached single-family dwellings and 415 attached single-family dwellings

Reference Number: D09/O02/22

Property Address: 6373 County Road 13

Municipality/UT: Adjala-Tosorontio/Simcoe

OLT Case No.: OLT-23-000014

OLT Lead Case No.: OLT-21-001684

1. The Tribunal may vary or add to the directions in this procedural order at any time by an oral ruling or by another written order, either on the parties’ request or its own motion.

Organization of the Hearing

2. The video hearing will begin on April 15, 2024 at 10:00 a.m. through video link https://global.gotomeeting.com/join/719383509. When prompted, enter the code 719-383-509.

3. The length of the hearing will be about 15 days. The length of the hearing may be shortened as issues are reordered as settlement is achieved.

4. The parties and participants identified at the case management conference are set out in Attachment 1.

5. The issues are set out in the Issues List attached as Attachment 2. There will be no changes to this list unless the Tribunal permits, and a party who asks for changes may have costs awarded against it.

6. The order of evidence shall be as set out in Attachment 3 to this Order. The Tribunal may limit the amount of time allocated for opening statements, evidence in chief (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on the parties’ consent, subject to the Tribunal’s approval, or by Order of the Tribunal.

7. Any person intending to participate in the hearing should provide a mailing address, email address and a telephone number to the Tribunal as soon as possible – ideally before the case management conference. Any person who will be retaining a representative should advise the other parties and the Tribunal of the representative’s name, address, email address and the phone number as soon as possible.

Requirements Before the Hearing

8. A party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal and the other parties a list of the witnesses and the order in which they will be called. This list must be delivered on or before December 15, 2023 and in accordance with paragraph 21 below. A party who intends to call an expert witness must include a copy of the witness’ Curriculum Vitae and the area of expertise in which the witness is prepared to be qualified.

9. Expert witnesses in the same field shall have a meeting on or before January 16, 2024 and use best efforts to try to resolve or reduce the issues for the hearing. Following the experts’ meeting the parties must prepare and file a Statement of Agreed Facts and Issues with the Tribunal case co-ordinator on or before January 31, 2024.

10. An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the hearing. Copies of this must be provided as in paragraph 12 below. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert’s testimony.

11. Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement; but the party calling them must file a brief outline of the expert’s evidence as in paragraph 12 below. A party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence, as in paragraph 15 below.

12. On or before February 15, 2024 , the parties shall provide copies of their witness and expert witness statements to the other parties and to the Tribunal case co-ordinator and in accordance with paragraph 21 below.

13. On or before February 15, 2024 , a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 21 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.

14. On or before March 11, 2024 the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

15. On or before March 29, 2024 , the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 21 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.

16. On or before March 15, 2024 , the parties shall provide copies of their reply witness statements and expert’s reply witness statements to the other parties and to the Tribunal case co-ordinator and in accordance with paragraph 21 below.

17. The parties shall cooperate to prepare a joint document book which shall be shared with the Tribunal case co-ordinator on or before April 5, 2024 .

18. A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. See Rule 10 of the Tribunal’s Rules with respect to Motions, which requires that the moving party provide copies of the motion to all other parties 15 days before the Tribunal hears the motion.

19. A party who provides written evidence of a witness to the other parties must have the witness attend the hearing to give oral evidence, unless the party notifies the Tribunal at least 7 days before the hearing that the written evidence is not part of their record.

20. The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before April 5, 2024 with a proposed schedule for the hearing that identifies, as a minimum, the parties participating in the hearing, the preliminary matters (if any to be addressed), the anticipated order of evidence, the date each witness is expected to attend, the anticipated length of time for evidence to be presented by each witness in chief, cross-examination and re-examination (if any) and the expected length of time for final submissions. The parties are expected to ensure that the hearing proceeds in an efficient manner and in accordance with the hearing plan. The Tribunal may, at its discretion, change or alter the hearing plan at any time in the course of the hearing.

21. All filings shall be submitted electronically. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10MB in size, or as otherwise directed by the Tribunal. The delivery of documents by email shall be governed by the Rule 7.

22. No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal’s Rule 17 applies to such requests.

This Member is [not] seized.

So orders the Tribunal.

ATTACHMENT 1

PARTIES & PARTICIPANTS

Parties

1. FarSight Investments Ltd. Turkstra Mazza Associates 15 Bold Street Hamilton, ON L8P 1T3 Scott Snider Tel: 905.529.3476 Email: ssnider@tmalaw.ca

Jennifer Meader Tel: 905.529.3476 Email: jmeader@tmalaw.ca

2. Township of Adjala-Tosorontio Borden Ladner Gervais LLP Bay Adelaide Centre, East Tower 22 Adelaide Street West Toronto, ON M5H 4E3 Isaac Tang Tel: 416.367.6143 Email: itang@blg.com

Lee English Tel: 416.367.6169 Email: lenlgish@blg.com

3. County of Simcoe 1110 Highway 26 Midhurst, ON L9X 1N6 Marshall Green Tel: 705.726.9300; Ext. 1657 Email: marshall.green@simcoe.ca

4. Simcoe County District School Board Overland LLP 5255 Yonge Street, Suite 1101 Toronto, ON M2N 6P4 Brad Teichman Tel: 416.730.0180 Email: bteichman@overlandllp.ca

Michael Cara Tel: 416.730.8844 Email: mcara@overlandllp.ca

Participants

1. Cheryl Palmer

ATTACHMENT 2

ISSUES LIST

Township of Adjala-Tosorontio

1. Are the Official Plan Amendment, Zoning By-law Amendment and Draft Plan of Subdivision (collectively, the "Proposed Development") consistent with the Provincial Policy Statement, including policies 1.1.1(a), (b), (e) and (g), 1.1.2, 1.1.3.2, 1.1.3.6, 1.1.3.7, 1.2.1, 1.3.1(a) ,(d) and (e), 1.4.1, 1.4.2, 1.4.3, 1.5.1, 1.6.1, 1.6.6.1, 1.6.6.2, 1.6.6.7, 1.7.1, 1.8.1?

2. Does the Proposed Development conform to A Place to Grow: Growth Plan for the Greater Golden Horseshoe (August 2020), including policies 2.2.1, 2.2.5.7, 2.2.5.13, 2.2.5.15, 2.2.6, 2.2.7, 3.2.1, 3.2.2.3, 3.2.6, 3.2.7, 3.2.8, 4.2.5, 5.2.3, 5.2.4, 5.2.5, 6.2, 6.3 and 6.5?

3. Does the Proposed Development maintain the intent and principles of, and do they generally conform to, the Official Plan of the Township of Adjala-Tosorontio, as amended by OPA 8, including policies 1.2, 2.2, 2.3, 3.1, 3.2, 3.3, 4.2.3, 4.6.1, 4.6.3, 5.3.5, 5.3.6, 5.5, 5.9, 8.9, 8.10, 8.11, 8.12?

4. Does the applicant require a secondary plan exercise as set out in policies 4.6.1.1, 4.6.1.3 and 4.6.1.4 of the Official Plan of the Township of Adjala-Tosorontio to permit the Proposed Development? Is the principle of the development and site servicing cohesive with the Everett Secondary Plan?

5. Are the technical reports and studies filed in support of the Proposed Development sufficient? Do they demonstrate that the Proposed Development will not negatively impact the Township’s servicing strategy or financial sustainability?

6. Are updated studies required to support the Proposed Development, including: Planning Justification Report, Traffic Impact Study, Functional Servicing Report and Stormwater Management Plan, Servicing Options Study and Residential Market Justification Report?

7. Is there sufficient water and wastewater servicing to support the Proposed Development, including any upgrades and improvements required to existing Wastewater Treatment Plant that services the New Horizons development?

8. Is the planned density of the Proposed Development appropriate, given the population allocations planned for in the Township of Adjala-Tosorontio by the County of Simcoe and historical trends for growth in the Township?

9. What is the appropriate estimate of the number of persons per household that should be used to estimate servicing requirements for the Proposed Development in light of the permissions for additional units on a parcel of urban residential land introduced in the Planning Act through Bill 23 ?

10. Does the Proposed Development provide for an appropriate mix of housing and built form, taking into consideration the character of the Community of Everett? Is the development compatible with Everett’s existing character?

11. Is the proposed number, size, and location of parks in the Proposed Development appropriate?

12. Are the locations of the roads appropriate in the Proposed Development?

13. Should there be an additional access to County Road 13 to support the Proposed Development?

14. Is the streetscape of the Proposed Development appropriate, particularly along major roads and next to proposed schools and parks?

15. Are the locations of the sidewalks in the Proposed Development appropriate to improve walkability of the neighbourhood?

16. Is there sufficient parking in the Proposed Development, including appropriate amount and location of parking?

17. Is there sufficient public transportation infrastructure to support the Proposed Development, including the density of the proposed development and access?

18. Are there sufficient public and community services to support the Proposed Development?

19. Are holding provisions required to ensure appropriate phasing and servicing of the Proposed Development?

20. If the Tribunal determines that Proposed Development is appropriate on the subject lands, what are the appropriate conditions to be imposed prior to approving the plan of subdivision?

21. Does the Proposed Development provide for appropriate setbacks (minimum front, rear and side yard setbacks and minimum driveway setbacks), height, landscaping lot frontage, lot area, and lot coverage requirements?

County of Simcoe

22. Should the draft plan of subdivision be approved, has sufficient provision been made for the County’s waste management standards and the County’s road system?

Simcoe County District School Board

23. Is an elementary school site required within the development site to meet current and projected enrollment needs?

24. What is the appropriate size, configuration and location of the school site?

25. Does the proposed development have appropriate regard for the adequate provision and distribution of educational facilities?

26. Is the proposed school site adequate?

27. Is it appropriate to locate the elementary school site adjacent to a municipal park?

28. Is the proposed development consistent with the Provincial Policy Statement (2020) including Policies 1.1.1(g), 1.1.2, 1.1.3, 1.1.3.3, 1.1.3.6, 1.1.3.7, 1.1.3.8, 1.1.4.1, 1.1.6.4, 1.2.1(d), 1.4.3, 1.6.1, 1.6.3, 1.6.4, 1.6.5, and 1.7.1?

29. Does the proposed development conform to the Growth Plan for the Greater Golden Horseshoe (2020) including Sections 1.2.1, 2.1, 2.2.1.3(b), 2.2.1.4(a), 2.2.1.4(d), 2.2.2.3(e), 3.1, 3.2.8 and 5.2.4.5(a)?

30. Does the proposed development conform to the County of Simcoe Official Plan including Policies 3.1.1, 3.2.12, 3.2.3, 3.5.6, 3.5.8, 3.5.15, 4.1.1, 4.1.2, 4.8.47(7) and 5.12?

31. Does the proposed development conform to the Township of Adjala-Tosorontio Official Plan including Policies 1.2.1, 4.6.2.5, 7.6.1, and 8.5.2.2?

32. Should the draft plan of subdivision be approved, what are the appropriate draft plan conditions to address the School Board’s requirements?

ATTACHMENT 3

ORDER OF EVIDENCE

1. FarSight Investments Ltd.
2. Township of Adjala-Tosorontio
3. County of Simcoe
4. Simcoe County District School Board
5. FarSight Investments Ltd. in Reply

ATTACHMENT 4

SUMMARY OF FILING DATES

EVENT DATE

List of Witnesses December 15, 2023

Expert Witness Meetings January 16, 2024

Agreed Statement of Facts January 31, 2024

Participant Statements February 15, 2024

Witness and Expert Witness Statements February 15, 2024

Confirm with Tribunal if all the reserved hearing dates are still required. March 11, 2024

Reply Witness Statements March 15, 2024

Visual Evidence Macrh 29, 2024

Hearing Plan April 5, 2024

Joint Document Book April 5, 2024

OLT Hearing Commences April 15, 2024