Ontario Land Tribunal
Tribunal ontarien de l’aménagement
du territoire
ISSUE DATE:
June 7, 2024
CASE NO.:
OLT-23-000464
OLT-22-003517
(Formerly PL131344)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
Ballymore Building (Midhurst) Corp
Subject:
Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description:
To permit the site-specific development standards associated with the Proposed Development
Reference Number:
ZB-2021-004
Property Address:
1224 Carson Road
Municipality/UT:
Township of Springwater
OLT Case No.:
OLT-23-000464
OLT Lead Case No.:
OLT-23-000464
OLT Case Name:
Ballymore Building (Midhurst) Corp. v. Springhurst (Township)
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
Carson Trail Estates Inc.
Subject:
Proposed Plan of Subdivision – Failure of County of Simcoe to make a decision
Description:
To permit a draft plan of subdivision
Reference Number:
SP-T-1202
Property Address:
Part Lot 15, Concession 5
Municipality/UT:
Township of Springwater/County of Simcoe
OLT Case No.:
OLT-22-003517
Legacy Case No.:
PL131344
OLT Lead Case No.:
OLT-22-003517
Legacy Lead Case No.:
PL131344
OLT Case Name:
Carson Trail Estates Inc. v. Simcoe (County)
BEFORE:
B. RAJAEE
Tuesday, the 5th
MEMBER
day of June, 2024
THESE MATTERS having come before the Tribunal for a hearing, in writing, on May 27, 2024 and June 4, 2024, and having read the materials filed, on consent of the Parties,
AND THESE MATTERS, having come before the Tribunal for public Case Management Conferences on September 5, 2023 and December 4, 2023 and the Tribunal having issued its Decisions on October 31, 2023 and January 10, 2024 respectively;
THE TRIBUNAL having been advised by the Parties on April 23, 2024 that a full settlement agreement had been reached between all Parties;
AND THE TRIBUNAL, having received and considered the evidence of Matthew Cory, a Registered Professional Planner and full member of the Canadian Institute of Planners, in his comprehensive Affidavit sworn on May 27, 2024, with accompanying exhibits, and no other Party or Participant having filed materials with respect to the settlement agreement;
AND THE TRIBUNAL, having accepted the uncontradicted Affidavit evidence of Matthew Cory, with respect to a Zoning By-law Amendment (“ZBA”) and a Draft Plan of Subdivision (“DPOS”) before the Tribunal in relation to lands known municipally as 1224 Carson Road in the Township of Springwater (“Subject Site”), and finding that the ZBA and DPOS, and the subdivision proposal they would facilitate are consistent with, conform to, and are in keeping with applicable policies and guidelines of the Province of Ontario and the Township of Springwater, and specifically with:
i. The Planning Act, R.S.O. 1990, c. P.13, and namely sections 2 and 51(24);
ii. The Provincial Policy Statement 2020;
iii. A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020;
iv. The County of Simcoe Official Plan;
v. The Township of Springwater Official Plan; and
vi. The Midhurst Secondary Plan, including having regard for the Guidelines set out under the Neighbourhood Design Plan for Neighbourhood 1.
AND THE TRIBUNAL finding that the requested ZBA and DPOS, as revised by the settlement agreement, meet the required legislative tests, represent good planning, are in the public interest, and warrant approval, in principle, subject to the Conditions of Draft Plan Approval;
NOW THEREFORE
THE TRIBUNAL ORDERS THAT the appeal by Ballymore Building (Midhurst) Corp. (“Applicant”) pursuant to section 34(11) of the Planning Act (“Act”) is allowed, in part, and the proposed amendment to the Township of Springwater Comprehensive Zoning By-Law No. 5000, as amended, is approved in accordance with Attachment 1 to this Order;
AND THE TRIBUNAL ORDERS that the Applicant’s appeal pursuant to section 51(34) of the Act is allowed, in part, and the Draft Plan of Subdivision as shown on the plan prepared by Malone Given Parsons dated May 6, 2024, and appended as Attachment 2 to this Order, is approved subject to the fulfilment of the conditions set out in Attachment 3 to this Order;
AND THE TRIBUNAL ORDERS that pursuant to section 51(56.1) of the Act, the County of Simcoe, as the approval authority in which the Subject Site is situated, shall have the authority to clear the Conditions of Draft Plan Approval (Attachment 3 to this Order) and to administer final approval of the plan of subdivision for the purposes of section 51(58) of the Act;
AND THE TRIBUNAL ORDERS that it may be spoken to should a matter arise in 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.
The Corporation of The Township of Springwater
By-Law 5000-XXXX
Being a By-law to amend By-law 5000 as amended, by rezoning lands in Part of the West Half of Lot 15, Concession 5, legally described as PT W1/2 LT 15 CON 5 VESPRA AS IN RO1224619; S/T RO144266; SPRINGWATER
ZB-2024-XX (Ballymore Building (Midhurst) Corp.
WHEREAS By-law 5000, as amended, is the main Comprehensive Zoning By-Law of the Township of Springwater; and
WHEREAS the Council of The Corporation of the Township of Springwater has received a request to amend By-law 5000 as amended, and is in general agreement with this request; and
WHEREAS authority is granted under Section 34 of the Planning Act, R.S.O. 1990, c. P .13 as amended, to enact such amendments; and
WHEREAS the proposed amendment is in conformity with the Midhurst Secondary Plan;
NOW THEREFORE be it enacted as a By-law of The Corporation of the Township of Springwater the following:
- THAT Schedule "A" to By-law 5000, as amended, be further amended by rezoning lands in the Part of Being a By-law to amend By-law 5000 as amended, by rezoning lands in Part of the West Half of Lot 15, Concession 5, legally described as PT W1/2 LT 15 CON 5 VESPRA AS IN RO1224619; S/T RO144266; SPRINGWATER as shown in Schedule "A"
attached hereto and forming part of this By-law from the Agricultural (A) Zone to the Urban Residential Two (UR2) Zone, Urban Residential Two (UR2-X) Exception Zone, and Open Space (OS) Zone.
- That Section 10, as amended, be further amended by adding the following new subsection:
“10.4.X Lands Zoned UR2-X
Notwithstanding anything else in this bylaw, a total lot area (minimum) of 265.0 square and a rear yard – building (minimum) setback of 3.5 metres shall be required for Single Detached Dwellings.
Notwithstanding anything else in this bylaw, a total lot area (minimum) of 170.0 square metres and a rear yard – building (minimum) setback of 5.0 is permitted for Street Townhouse Dwellings. All other provisions of Section 10 continue to apply.”
- THAT this By-law shall take effect and come into force pursuant to the provisions of and regulations made under the Planning Act, R.S.O. 1990, c.P.13, as amended.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS XX, 2024.
Jennifer Coughlin, Mayor
Renée Ainsworth, Clerk
rU------------ L
NOT TO SCALE
THIS IS SCHEDULE 'A' TO BY-LAW 5000-2024
PASSED THE DAY OF , 2024
FILE No.XX
EZZJ LANDS TO BE ZONED URBAN RESIDENTIAL
f:::::::::::j LANDS TO BE ZONED URBAN RESIDENTIAL 2 (UR2-X) EXCEPTION ZONE LANDS TO BE ZONED OPEN SPACE (OS) ZONE
SIGNING OFFICERS
LOCATION: 1224 CARSONRD,BARRIE, L4M 4S5 APPLICANT BALLYMOREBUILDING(MIDHURST) CORP. TOWNSHIP OF SPRINGWATER
MAYOR CLERK