ISSUE DATE: September 6, 2024

CASE NO(S).: OLT-24-000674

PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant/Appellant: Shanontown Development Inc.

Subject: Proposed Official Plan Amendment

Description: To amend the Mayfield West Phase 2 Secondary Plan’s cost sharing policy on a site-specific basis

Reference Number: POPA 2024-0001

Property Address: 12461 McLaughlin Road

Municipality/UT: Town of Caledon/Region of Peel

OLT Case No.: OLT-24-000674

OLT Lead Case No.: OLT-24-000674

OLT Case Name: Shanontown Development Inc. v. Caledon (Town)

Heard: September 5, 2024, by Video Hearing

APPEARANCES:

Parties Shanontown Development Inc. (“Appellant” / “Applicant”)

Counsel J. Alati S. Lampert

Town of Caledon P. Boutis S. Deer

Mayfield Station Landowners Group Inc. / Mayfield West Phase 2 Developers Group / Mayfield West Phase 2 Landowner Group (“MW2 Group”) S. Snider A. Toumanians (in absentia)

MEMORANDUM OF ORAL DECISION DELIVERED BY STEVEN T. MASTORAS ON SEPTEMBER 5, 2024, AND ORDER OF THE TRIBUNAL

INTRODUCTION

1The matter before the Tribunal is a Case Management Conference (“CMC”) relating to an Appeal pursuant to section 17(36) of the Planning Act (“Act”) from the refusal of the Town of Caledon (“Town”) to amend the Mayfield West Phase 2 Secondary Plan (“MW2-SP”) Cost-Sharing Agreement (“CSA”) (established November 9, 2015), through a Site-Specific, Proposed Official Plan Amendment (“POPA”). The property is municipally known as 12461 McLaughlin Road (“Subject Property”).

2The Appeal has been filed by Shanontown Development Inc. (“Appellant”), following the Town’s refusal of the Application on May 21, 2024, seeking alternate policy language to allow for satisfactory arrangements related to securing financial obligations associated with hard infrastructure works completed external to lands without participation in the CSA.

3The Subject Property is generally rectangular in shape, consisting of approximately 56.2 hectares in area, and located within the northeast quadrant of Mayfield Road and McLaughlin Road. It is currently the subject of separate Zoning By- law Amendment (“ZBA”) and Draft Plan of Subdivision (“DPS”) applications currently under consideration by the Town. The Subject Property is mostly vacant agricultural land, consisting of a small two-storey, single-detached dwelling situated near the McLaughlin Road frontage, (Giffen Farmhouse) with a Heritage designation matter pursuant to the Ontario Heritage Act, currently before Town Council, scheduled for its consideration on September 24, 2024.

4The general area has been master-planned to establish specific land use designations and policies intended to foster the creation of a mixed-use, Transit Oriented Community (“TOC”).

5An Affidavit of Service confirming notice of this CMC, signed by Emily King and dated August 13, 2024, on behalf of the Town, was marked as Exhibit 1.

STATUS REQUESTS

6A written Party Status Request was received by the Tribunal on August 26, 2024, by the Mayfield Station Landowners Group Inc. / Mayfield West Phase 2 Developers Group / Mayfield West Phase 2 Landowner Group (“MW2 Group”) as represented by Scott Snider. MW2 stated that as a landowners’ group that is a party to the CSA, this Site Specific POPA jeopardizes the integrity of the CSA, and the allocation of community uses within the MW2-SP, and therefore, expressed its desire to be a Party to this and any future proceedings of the Tribunal.

7The request was also accompanied by a more detailed land use planning opinion letter from Jason Alfonso (Glen Schnarr and Associates Inc.), dated March 15, 2024, previously sent to Town Council recommending refusal of the POPA, and further correspondence from the Trustee on behalf of the MW2 Group to the Town Council, dated April 18, 2024.

8There were no objections to this request and the Tribunal conferred Party status on the MW2 Group.

HEARING REQUEST, PROCEDURAL ORDER, AND ISSUES LIST (“PO/IL”)

9Counsel for the Appellant requested that the Tribunal schedule a further CMC at the discretion of the Tribunal, to allow time for the Parties to scope issues and follow up with a draft PO/IL. The Tribunal agreed and directed that a further CMC be scheduled to commence on Tuesday November 19, 2024, at 10 a.m. by Video Conference.

10Parties 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/519389173

Access Code: 519-389-173

11Parties 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

12Persons 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 as indicated above.

13Individuals 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.

14The Tribunal was encouraged that the Parties indicated a willingness to pursue Tribunal-led mediation and directs that if there is mutual consent for this, they should contact the Case Coordinator to pursue the mediation option.

15Finally, the Tribunal also directed that a draft final PO/IL be submitted to the Case Coordinator on or before Friday, November 8, 2024.

ORDER

16THE TRIBUNAL ORDERS that:

a) The date and particulars of the further Case Management Conference are set out above; and

b) The directions in this Decision are so ordered.

17The Member is not seized on this matter.

18There will be no further notice.

“Steven T. Mastoras”

STEVEN T. MASTORAS

MEMBER

Ontario Land Tribunal

Website: www.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.