1826 Ontario Municipal Board Commission des affaires municipales de l Ontario

Transcription

1 ISSUE DATE: Nov. 24, 2004 DECISION/ORDER NO: 1826 Ontario Municipal Board Commission des affaires municipales de l Ontario PL Sedgewick Property Inc., Dickson 48 Property Inc., Long Body Homes Inc., and Ontario Limited have appealed to the Ontario Municipal Board under subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, from Council s refusal or neglect to enact a proposed amendment to the Official Plan for the Town of Richmond Hill in order to facilitate the implementation of the West Gormley Secondary Plan on lands located at East ½ of Part of Lots 1, 2, 3 & 4, Concession 2, E.Y.S., for the purpose of establishing a proposed residential community containing Medium and Low Density residential uses together with supporting parks, schools, institutional and neighbourhood commercial uses Approval Authority File No. D O.M.B. File No. O Sedgewick Property Inc., Dickson 48 Property Inc., Long Body Homes Inc., and Ontario Limited have appealed to the Ontario Municipal Board under subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, from Council s refusal or neglect to enact a proposed Zoning By-law Amendment to rezone lands located at East ½ of Part of Lots 1, 2, 3 & 4, Concession 2, E.Y.S., in the Town of Richmond Hill, from a general Agricultural zoning designation under By-law 1703, as amended, of the former Township of Whitchurch-Stouffville, in order to place the subject lands within Zones for the purpose of establishing a proposed residential community containing Medium and Low Density residential uses together with supporting parks, schools, institutional and neighbourhood commercial uses O.M.B. File No. Z Dickson 48 Property Inc. has appealed to the Ontario Municipal Board under subsection 51(34) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, from the failure of the Town of Richmond Hill to make a decision respecting a proposed plan of subdivision on lands composed of Part of Lot 4, Concession 2, E.Y.S., in the Town of Richmond Hill Approval Authority File No. 19T(R) O.M.B. File No. S Ontario Limited has appealed to the Ontario Municipal Board under subsection 51(34) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, from the failure of the Town of Richmond Hill to make a decision respecting a proposed plan of subdivision on lands composed of Part of Lot 2, Concession 2, E.Y.S., in the Town of Richmond Hill Approval Authority File No. 19T(R) O.M.B. File No. S Long Body Homes Inc. has appealed to the Ontario Municipal Board under subsection 51(34) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, from the failure of the Town of Richmond Hill to make a decision respecting a proposed plan of subdivision on lands composed of Part of Lot 1, Concession 2, E.Y.S., in the Town of Richmond Hill Approval Authority File No. 19T(R) O.M.B. File No. S040068

2 - 2 - PL Sedgewick Property Inc. has appealed to the Ontario Municipal Board under subsection 51(34) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, from the failure of the Town of Richmond Hill to make a decision respecting a proposed plan of subdivision on lands composed of Part of Lot 3, Concession 2, E.Y.S., in the Town of Richmond Hill Approval Authority File No. 19T(R) O.M.B. File No. S APPEARANCES: Parties Sedgewick Property Inc., Dickson 48 Property Inc., Long Body Homes Inc., and Ontario Limited Town of Richmond Hill Region of York Counsel*/Agent C. Barnett* R. Beaman* D. Sinclair* Other Parties The Islamic Society of the Regional Municipality of the Region of York P. Chee H. Gidamy The Toronto and Region Conservation Authority D. Burnett C. Hoffelner MEMORANDUM OF ORAL DECISION ON A PREHEARING CONFERENCE HELD NOVEMBER 17, 2004, DELIVERED BY N.C. JACKSON AND ORDER OF THE BOARD The remaining four Appellants, Sedgewick, Ontario, Dickson 48 and Long Body Homes Developments, (Casa having withdrawn) have appealed from the failure of the Town of Richmond Hill to deal with Applications made for a Secondary Plan Amendment, Zoning and 4 Subdivision Approvals. The total land area of the subject property is approximately 255 acres and it is located in the west Gormley Area

3 - 3 - PL north of Stouffville Road and west of Leslie Street. The lands are located on the Oak Ridges Moraine and are designated under the Oak Ridges Moraine Plan as settlement area. Approximately 250 acres of Natural Core Area, designated under the Oak Ridges Plan and located to the west, have been conveyed to the Toronto and Region Conservation Authority. The Proposal is to develop in the Settlement area, some 1029 singles, 430 townhouses with accompanying parks, schools and storm water facilities. The Oak Ridges Moraine legislation requires conformity in the Official Plans of the Region and Town. Both the Region and the Town have adopted implementing Official Plan Amendments mirroring the Provincial Designation. The Minister of Municipal Affairs has approved of Regional Official Plan Amendment 41. Richmond Hill Official Plan Amendment 218 remains with the Minister for approval or not. The Town opposes these Appeals as premature. The Town is supported by the residents styled above who seek more information and then may wish to be Participants. Their concerns are water and traffic related. Ms Hoffelner goes further and questions the accuracy of the designation of the subject property as settlement area. The Toronto and Region Conservation Authority and the Region of York support the Town. Both sides agree prematurity should be determined first before other issues, but differ on how. The Town wishes to bring a Motion seeking dismissal alleging there not being a land use planning issue apparent. In the alternative, the Town will seek an adjournment sine die. The Appellants prefer that the issue of prematurity be determined in a first phase hearing. The Appellants refer to the benefits of viva voce testimony and to the importance of avoiding duplication of evidence. The Board following a recess to consider the able arguments directs that this Prehearing Conference continue on February 15, 2005 at 10:00 A.M. at the Richmond Hill Offices to hear the Motion of the Town on prematurity. The Board notice for this prehearing stipulated that Motions would be heard in the Prehearing format. The Board agrees with both sides that preliminary matters should be heard first and that this can be effective in determining what follows. The issue is raised by the Town and supported by other public authorities who should be able to pursue their issues in a manner provided for in the Board s Rules. The Board will make every effort to provide continuity and make findings that will avoid duplication. In any event, the normal provision of

4 - 4 - PL reasons on the second part of the Motion (adjournment sine die) granted or not, is by admission, a cut off that should yea or nay avoid duplication. The Board finds that in setting down this request for the Hearing of the Motion that there may well be some aspects that would benefit from viva voce testimony. The issue as put by the Town is primarily legal according to their counsel. The Minister of the Environment has stated in writing a full Environmental Assessment is required respecting servicing through the extension of the Leslie Street trunk sewer. That could in the estimation of those present require a 10 year analysis. The Response is however that although that was the proposal in the original MESP (Master Environmental Servicing Plan) filed, an addendum is now being prepared that will propose internal servicing and a pumping station with discharge south to an alternative sewer oversized with capacity for this project. There is a strong disagreement on the results of this alternative - whether the result can be characterized as a deemed approval or whether a class or full Environmental Assessment is required. That is to be argued in a Planning Act context in the Motion. The Board will permit viva voce evidence on the return of the Motion to the degree it is truly expert opinion and not either factual or law as extremes. The Board has set the date of February 15, 2005 with 7 hearing days set aside for the following reasons. The MESP has been filed recently and should be made available to the public. There will be an addendum to the MESP that is not yet available. Counsel intend to examine on affidavits and produce transcripts. The Board notes that the Appellants have advanced Ontario Municipal Board Decision Jay-M Holdings v Durham [1999] OMBD No. 1444, in response to part of the relief sought by the Town. The Board will expect the Town to respond to the reasoning in this Decision on the Motion hearing. The Board has also reviewed the concern with the mapping on the Oak Ridges Plan That is also a important preliminary issue that could be determined at the next Prehearing by Motion or testimony. The Board will expect that preliminary issue to be on the list of the next prehearing on February 15, Motion Filing Times are set out in Exhibit 9 made Attachment 1 hereto.

5 - 5 - PL Other issues listed in Attachment 2 (Exhibit 8) were raised in preliminary format. Contingent upon the result of the Motions in the next prehearing, a hearing time will be canvassed with all Parties and the Procedural Order reviewed and final issues determined. This panel will remain seized of Prehearing matters. No further notice of the next prehearing continuation is required, however notice of the Motions is to be provided in accordance with the Rules of the Board. This is the Order of the Board. N.C. Jackson N.C. JACKSON MEMBER

6 FOR ATTACHMENTS PLEASE SEE ORIGINAL PL040712