Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 14, 2025
CASE NO(S).: OLT-24-000490
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: LIV (Menoke 3) LP
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the development of a mixed residential neighbourhood consisting of 534 units, including single detached dwellings and townhouses.
Reference Number: Z-22-02
Property Address: 8743 Highway 11 North & 3651 Menoke Beach Road
Municipality/UT: Severn/Simcoe
OLT Case No.: OLT-24-000490
OLT Lead Case No.: OLT-24-000490
OLT Case Name: LIV (Menoke 3) LP v. Severn (Township)
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: LIV (Menoke 3) LP
Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description: To permit the development of a mixed residential neighbourhood consisting of 534 units, including single detached dwellings and townhouses.
Reference Number: SV-T-2201
Property Address: 8743 Highway 11 North & 3651 Menoke Beach Road
Municipality/UT: Severn/Simcoe
OLT Case No.: OLT-24-000491
OLT Lead Case No.: OLT-24-000490
OLT Case Name: LIV (Menoke 3) LP v. Simcoe (County)
Heard: July 7, 2025 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| LIV (Menoke 3) LP | Russell D. Cheeseman, Stephanie Fleming |
| Township of Severn | Kim Mullin, Sean Ovas |
| County of Simcoe | Kim Mullin, Sean Ovas |
| Simcoe County District School Board | Justine Reyes, Brad Teichman (in absentia) |
MEMORANDUM OF ORAL DECISION DELIVERED BY BITA M. RAJAEE ON JULY 7, 2025 AND ORDER OF THE TRIBUNAL
Link to Order
INTRODUCTION
1This event was a Hearing before the Tribunal to consider a settlement agreement with respect to appeals under sections 34(11) and 51(34) of the Planning Act by LIV (Menoke 3) LP resulting from the failure of the Township of Severn to make a decision within the required time period on an Application for a Zoning By-law Amendment (“ZBA”) and the County of Simcoe to make a decision on a Draft Plan of Subdivision (“Draft Plan”), with respect to the lands municipally known as 8743 Highway 11 North and 3651 Menoke Beach Road in the Township (“Subject Property”).
2Two Case Management Conferences took place, on July 8, 2024 (“First CMC”) and September 19, 2024 (“Second CMC”). At the First CMC, it was confirmed that Notice was adequately served and no further notice was required, and Simcoe District School Board was added as a Party. At the Second CMC, a fifteen-day Hearing was scheduled, the Procedural Order was ratified, and the following were added as Participants to the proceeding:
a. Cindy Seligman; b. Igor Korenzvit; c. Dallas Stevens; d. Robin Seligman; e. Diane McKinzey; f. Paula and Eric Book; g. Teresa and Germana Corazza; h. Jack Mantle; i. Matt Thomson; j. David Seligman; k. Betty London; l. Jennifer and Robert Allan; and m. William Orr.
3On May 16, 2025, the Parties advised that they had reached a settlement agreement, which they presented to the Tribunal at this Hearing.
HEARING
4In support of the settlement agreement, the Parties relied on oral and written testimony by Eldon C. Theodore. The Curriculum Vitae and signed Acknowledgement of Expert Duty form for Mr. Theodore were provided, confirming his expertise in the area of Land Use Planning. Mr. Theodore was qualified by the Tribunal, without objection, to provide expert opinion evidence in the field of Land Use Planning.
5Mr. Theodore described that the Subject Property, located in the Westshore community of the Township, measures approximately 45.45 hectares in size. It has approximately 445 metres (“m”) of frontage along Highway 11 and approximately 231 m of frontage along Menoke Beach Road. It currently contains four existing vacant barn structures and existing intermittent tributaries. A natural heritage area is located along its eastern boundary. The surrounding area contains a range of land uses and community amenities. To the north are commercial uses along Highway 11, including Webbers restaurant and Starbucks. Residential neighbourhoods are located to the east along Amigo Drive and Shadow Creek Road, while the lands to the south and west are primarily rural and agricultural with scattered dwellings. A variety of community and commercial services are situated nearby, including places of worship, public schools, recreational amenities, and retail stores in both Orillia and Washago.
6The Draft Plan, as revised by the settlement agreement seeks permission to develop the Subject Property into a mixed residential neighbourhood. Between 373 and 536 dwelling units are contemplated, consisting of approximately 178 to 277 single detached dwellings and 195 to 259 townhouse dwellings, with a range of lot frontages, from 6.1 m to 12.2 m, allowing flexibility in built form and housing type. Block 63 has been protected for a school site, and in the event the school site does not proceed, can be developed for residential purposes as contemplated in the Draft Plan’s total unit count. The Draft Plan includes seven (7) open space blocks, two (2) stormwater management ponds, and five (5) Environmental Protection Area blocks. A waterfront access block is also provided along the eastern boundary of the development, adjacent to the stormwater management and Environmental Protection Areas. Conditions of Draft Plan Approval (“Conditions”) are also proposed.
7The ZBA seeks to amend the current zoning to reflect the proposed mix of uses and site-specific details in the Draft Plan.
8The planning documents affecting this matter include:
a. The Planning Act, R.S.O. 1990, c. P.13, as amended; b. The Provincial Planning Statement (2024) (“PPS”); c. The County of Simcoe Official Plan (September 2016 Consolidation) (“County’s OP”); d. The Township of Severn Official Plan (September 2010 Consolidation) (“Township’s OP”); and e. The Township of Severn Zoning By-law 2010-65. (“Township’s ZBL”).
9Citing numerous policies in his comprehensive Affidavit and oral testimony, Mr. Theodore opined that the proposed Draft Plan, Conditions, and ZBA, as revised by the settlement agreement, meet the legislative requirements outlined in the policy documents. He testified that the instruments facilitating the proposed development are consistent with the PPS, and conform to the County’s OP and to the Township’s OP. Moreover, they have regard for the applicable matters set out in section 2 of the Planning Act, and are in the public interest. Among other factors, he stated that:
a. The development facilitated by the proposed instruments allows for the efficient use of land and infrastructure, contributes towards increasing the supply and type of available housing options, conserves natural features, and promotes a compact, well-designed, and transit-ready built form. b. The development reflects sound planning principles, balances public and private interests, and contributes to the creation of a complete and healthy community. c. The Draft Plan appropriately addresses the criteria set out in section 51(24) of the Act. Furthermore, the Conditions have appropriate regard for section 51(25) of the Act and are reasonable. d. The proposed instruments will facilitate residential growth on vacant lands within the Westshore Settlement Area, consistent with the growth management objectives of the PPS. This approach helps direct growth to areas already planned for development, supporting efficient land use, and reducing pressure on rural and agricultural lands. e. The development supports the achievement of complete communities by integrating a network of open space blocks, pedestrian routes, and a centrally located block identified for a potential future school. These elements align with policy directions for social infrastructure, active transportation, and accessible recreational opportunities. f. The proposed site design prioritizes a compact built form, reduced vehicle reliance, and walkable connections to surrounding amenities. These elements support broader policy goals related to energy conservation, climate change adaptation, and reduced greenhouse gas emissions. g. The development includes coordinated municipal servicing and stormwater infrastructure that integrates LID measures. This ensures responsible infrastructure planning while mitigating environmental impacts associated with runoff and servicing. h. All environmental features on the Subject Property have been assessed and protected through the delineation of a development limit and associated buffer zones. The Environmental Impact Study confirms that there will be no negative impacts on natural heritage features, ecological functions, or identified Species at Risk. i. Public service facilities and recreational elements have been incorporated into the development, including open space blocks, trail connections, and a school block. These features support access to community services and enhance quality of life for future residents. j. Seven open space blocks are integrated throughout the plan, including a dedicated block for public access to Shadow Creek. These spaces will enhance recreational opportunities and contribute to the development’s overall livability and connection to natural features. The required parkland dedication has been pre-contributed in advance of approval to allow for the regional park proposed with the Menoke Beach Road subdivision.
10Mr. Theodore went through the Participant statements, and addressed various concerns that they had raised, including: traffic impacts and road capacity; pedestrian safety and provision of sidewalks; stormwater management and servicing capacity; environmental protection and natural heritage; community character and development scale; and social infrastructure and access to amenities. He opined on each of these items and stated that they are appropriately addressed by the settlement agreement.
11Mr. Theodore testified that the Draft Plan and ZBA facilitating it, as revised by the settlement agreement, represent an appropriate development of the Subject Property, as well as a good design that balances competing interests by addressing growth objectives for the Township while having regard for the existing environmental features and the broader community context. Moreover, the instruments resulting from the settlement agreement provide for a comprehensive and balanced development concept that supports the policy goals of the Province, County, and Township. The instruments, and proposed development they facilitate, represent good planning and are in the public interest. He recommended that the Draft Plan and its Conditions and the ZBA, as revised by the settlement agreement, be approved.
FINDINGS
12The Tribunal accepted the uncontested opinion evidence of Mr. Theodore, and found that the Draft Plan, Conditions, and ZBA, as revised by the settlement agreement, meet the required legislative tests. Moreover, the Tribunal found that the instruments provide an appropriate land use planning framework and performance standards to implement the proposed development that represents good planning, supports the creation of a complete community, and is in the public interest. As such, the Tribunal found that the Draft Plan, Conditions, and ZBA warranted approval.
13An oral ruling was made at the Hearing to this effect.
ORDER
14THE TRIBUNAL ORDERS as follows:
a. The appeal by LIV (Menoke 3) LP (“Owner”), pursuant to section 51(34) of the Planning Act, is allowed, in part, and the Draft Plan of Subdivision dated December 4, 2024, revision no. thirteen (13), dated May 15, 2025, attached as “Attachment 1” to this Order, is hereby approved and the Conditions of Draft Plan Approval dated May 15, 2025, attached as “Attachment 2” to this Order, are hereby approved.
b. The appeal by the Owner, pursuant to section 34(11) of the Planning Act, is allowed, in part, and the Zoning By-law Amendment, attached as “Attachment 3” to this Order, is hereby approved.
c. The County of Simcoe has the authority to clear the Conditions of Draft Plan Approval and to administer final approval of the plan of subdivision for the purpose of section 51(58) of the Planning Act, unless such authority has been delegated or otherwise transferred to the Township of Severn, in which case the Township of Severn shall have such authority. In the event that there are any difficulties implementing any of the Conditions of Draft Plan Approval (Attachment 2) or if any changes are required to be made to the Draft Plan of Subdivision (Attachment 1), the Tribunal may be spoken to.
d. The municipal clerk of the Township of Severn is authorized to assign a number to the amending By-law contained in Attachment 3 to this Order for record-keeping purposes.
15The TRIBUNAL FURTHER ORDERS that, in accordance with Rule 24.3 of the Tribunal’s Rules of Practice and Procedure, this Order is effective as of July 7, 2025.
“Bita M. Rajaee”
BITA M. RAJAEE
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.