Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 18, 2024
CASE NO.: OLT-22-003368
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: ADM Agri-Industries Company Appellant: Ed Boyd and Gloria Campbell Appellant: Hanson Development Group Appellant: Midland Bay Estates Inc.; and others Subject: Proposed Official Plan Amendment No. MD-OP-1901 Municipality: Town of Midland OLT Case No.: OLT-22-003368 Legacy Case No.: PL200391 OLT Lead Case No.: OLT-22-003368 Legacy Lead Case No.: PL200391 OLT Case Name: ADM Agri-Industries Company v. Midland (Town)
BEFORE: G. A. CROSER MEMBER Thursday, the 18th day of July, 2024
Order
THIS MATTER having come before the Tribunal as a motion in writing and upon reviewing the notice of motion of the Town of Midland (the “Town”), the evidence of Steve Farquharson RPP and Executive Director of Community and Growth for the Town of Midland, and the settlements between Sri Venkateswara Holdings Inc. and the Town and between William Smith and the Town,
THE TRIBUNAL ORDERS that the Appeal of Sri Venkateswara Holdings Inc. is allowed in part and Orders that the 2019 Official Plan for the Town of Midland are modified as follows, and as modified is approved.
That the designations in Schedule “C” of the 2019 Town of Midland Official Plan with respect to the property known municipally 8566 and 8567Highway 93, be modified in accordance with Attachment ‘1’ hereto.
That Policy 7.21(F)(6) of the 2019 Town of Midland Official Plan be modified in accordance with Attachment ‘2’ hereto.
That the balance of Sri Venkateswara Holdings Inc. appeal of the 2019 Town of Midland Official Plan be dismissed.
THE TRIBUNAL ORDERS that the Appeal of William Smith is allowed in part and Orders that the 2019 Official Plan for the Town of Midland are modified as follows, and as modified is approved.
That the designations in Schedules “A”, “B”, and “C” of the 2019 Town of Midland’s Official Plan with respect to the property known municipally as 17111 Highway 12, Midland, be modified in part in accordance with Attachment ‘3’ hereto.
That Section 4.3.5 of the Official Plan be modified to add site specific Policy 4.3.5.1 in accordance with ‘Attachment ‘4’ hereto; and
That the balance of William Smith’s appeal of the 2019 Town of Midland Official Plan be dismissed.
As modified above, the Town of Midland Official Plan is approved in respect of the lands subject to these two appeals.
“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.
ATTACHMENT 1
ATTACHMENT 2
ATTACHMENT 3
ATTACHMENT 4