Ontario Municipal Board Commission Des Affaires Municipales De L'ontario
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Ontario Municipal Board Commission des affaires municipales de l’Ontario ISSUE DATE: May 25, 2017 CASE NO(S).: PL140743 PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended Appellant (jointly): Angus Glen Holdings Inc., Angus Glen North West Inc. & North Markham Landowners Group Appellant (jointly): Beechgrove Estates Inc., Minotar Holdings Inc., Cor-Lots Developments, Cherokee Holdings & Halvan 5.5 Investments Ltd. Appellant (jointly): Brentwood Estates Inc., Colebay Investments Inc., Highcove Investments Inc., Firewood Holdings Inc., Major McCowan Developments Ltd. & Summerlane Realty Corp. Appellant: And others (See Attachment “1”) Subject: Proposed New Official Plan – Part 1 (December 2013) - for the City of Markham Municipality: City of Markham OMB Case No.: PL140743 OMB File No.: PL140743 OMB Case Name: Angus Glen Holdings Inc. v. Markham (City) Heard: April 21, 2017 in Markham, Ontario APPEARANCES: Parties Counsel*/Representative See Attachment 2 MEMORANDUM OF ORAL DECISION DELIVERED BY GERALD S. SWINKIN ON APRIL 17, 2017 AND ORDER OF THE BOARD INTRODUCTION 2 PL140743 [1] This was the sixth Pre-hearing Conference (“PHC”) with respect to the appeals against the City of Markham New Official Plan – Part 1 (“the New OP”). [2] Counsel for the City of Markham (“the City”) had prepared an agenda for the PHC, which had been circulated to all other counsel and representatives in advance of the session. The PHC followed the agenda. [3] As at the prior, fifth, PHC, the City had served and filed a Notice of Motion seeking partial approval of various portions of the New OP based upon modifications agreed upon by various Appellants and endorsed by City Council and relating to appeals which have now been scoped to be site specific rather than City-wide. [4] As the City Council meeting to endorse the proposed modifications occurred on the evening of April 11, 2017, counsel for the City was only able to serve the Notice of Motion on April 12, 2017, returnable for April 21, 2017. This service would fall one day short of the Board’s Rules of Practice and Procedure regarding the minimum ten days for service of a motion. The Notice of Motion included a request for an abridgment of time, if necessary, regarding service of the Notice. Chris Barnett, counsel for the City, did advise that the motion material had been circulated to the parties and representatives in draft in advance of the Council meeting. [5] On canvassing counsel and representatives present and hearing no objection, and not having received any Notice of Response from any party in advance of the hearing session with respect to the Notice of Motion, the Ontario Municipal Board (“the Board”) exercised its authority under Rule 11 of the Board’s Rules of Practice and Procedure and abridged the time for service of the Notice of Motion to nine days. [6] In support of the Notice of Motion was filed the affidavit (“the Affidavit”) of Murray Boyce, Senior Policy Coordinator in the Planning and Urban Design Department of the City. [7] The Affidavit provided a status report on the City’s ongoing dealings with the 3 PL140743 Appellants, which have taken the form of independent discussions and Board-led mediation. The Affidavit advised of resultant modifications from these exercises, the reporting to City Council and the endorsement of numerous proposed modifications. [8] The Affidavit detailed the ongoing processing and approval of a zoning amendment application initiated by Markham Woodmills Development Inc. and the resultant modification of text and figures concerning a possible road connection from the Highway 404 interchange at Elgin Mills Road. [9] A number of modifications were being proposed to address various issues in the Group E – Residential and Mixed Use Land Use category of appeals as well as the Group G – Implementation category of appeals. [10] Related to ongoing processing of development applications and the filing of expert environmental reports, the properties of two Appellants, Flato Developments Inc. and Romandale Farms Ltd, are susceptible of identifying with greater precision the boundary of the Greenway System relating to those properties. [11] All of these proposed modifications were set out in a draft Order intended to be used by the Board in connection with this motion and was circulated to counsel in advance of the PHC. Counsel for the City advised that he had received no objection to the draft. Incorporating the matters identified in the Notice of Motion as allowed and approved by the Board from this PHC, the final form of Order is attached hereto as Attachment 3. [12] The Affidavit also detailed the various specific appeals where Appellants had scoped their appeal or withdrew it or withdrew issues from the appeal. This will be reflected in the continuously updated In-Force chart and the Issues List which has been accompanying the Board’s dispositions, as will be the case with this disposition. [13] As at the previous PHC, counsel for the City delineated next steps regarding the various Groups of appeals. As in the last disposition of the Board, that update is simply 4 PL140743 transcribed herein as follows: a. Group A - Appeals that require resolution of ROPA 3 - Remaining issues - likely to be subject of site specific hearings b. Group B - Mid Block Crossings/404 Ramp Extensions and Surrounding Land uses: EA underway for Cathedral mid-block crossing c. Group C - Environmental System: Hearings dates set: Jan. 29, 2018 - Procedural Order - draft circulated - to be discussed d. Group D - Housing/Community Infrastructure/Cultural Heritage: Places of Worship Hearing dates set - Oct. 11- Oct. 13, 2017 - Procedural Order draft circulated - to be discussed e. Group E - Intensification/Retail and specific land use designation policies: Hearings dates set: Jan. 29, 2018 - Procedural Order - draft circulated - to be discussed f. Group F - Urban Design/Sustainable Development: Mediation resulted in modifications and scoping of issues. No further steps proposed at this time. g. Group G - Implementation/Comprehensive Block Plan/Rights of Way: Mediation resulted in modifications and scoping of issues. No further steps proposed at this time h. Group H - Countryside - no steps proposed i. Group I - Parkland Dedication: await outcome of Richmond Hill court decision - leave to appeal granted, appeal to be heard in 2017 j. Group J - Area and Site Specific: Meeting with affected parties to determine matters to be resolved or scoped. No hearings currently proposed for scheduling. Future hearings and scheduling to be addressed at future pre- hearings [14] With respect to Groups C and E above, in the interest of consolidating the hearing of the issues, counsel for the City has included a request in a draft Procedural Order (“PO”) which has been circulated and he asked that the Board reflect that request in this disposition. It is that the Appellants shall reframe and further scope their issues on or before September 15, 2017. In reframing and scoping their issues, the Appellants shall annotate their list with reference to the numbering of the Master Issues List which has been appended to the Board’s order in this matter, dated April 21, 2017. [15] It is intended that a formal PO for the Group C and E appeals will issue out of the 5 PL140743 next PHC. This PHC will deal with procedural matters relating to the appeals/issues to be addressed in the hearing block reserved for January 29, 2018 through March 9, 2018, as well as any further partial approval requests which may be brought at that time. In accordance with the request of Mr. Barnett that the next PHC not be set down until after November 13, 2017, the Board has fixed a further PHC for Friday, November 24, 2017, at 10 a.m. at: Markham Civic Centre Canada Room One Town Centre Boulevard Markham, Ontario L3B 9W3 [16] Based upon the disposition from the last PHC, the Group D appeals (Place of Worship issues – Berczy Glen Landowners Group appeal) were set down for hearing commencing on October 11, 2017 through October 13, 2017. A form of PO for that hearing session has been settled between the City and the Appellant. It is approved by the Board for issuance and it is attached hereto as Attachment 4. [17] As directed out of the previous PHC, the Board requests counsel for the City to prepare and circulate to counsel and representatives of record in this matter, in advance of the PHC set for November 24, 2017, an agenda for that session and provide the case coordinator at the Board with a copy. [18] No further notice is required with respect to the next PHC or the Group D hearing event. [19] This Member is not seized. 6 PL140743 “Gerald S. Swinkin” GERALD S. SWINKIN MEMBER If there is an attachment referred to in this document, please visit www.elto.gov.on.ca to view the attachment in PDF format. Ontario Municipal Board A constituent tribunal of Environment and Land Tribunals Ontario Website: www.elto.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248 ATTACHMENT 2 Sign in Sheet Appearances April 21, 2017 prehearing Appellants Counsel/Representatives Present 1. North Markham Landowners Group, Angus Glen Northwest Inc., and Angus Patricia Foran*, Andrea Skinner* Patricia Foran Glen Holdings 2 Berczy Glen Landowners Group Inc. Jennifer Meader* Jennifer Meader 3 First Elgin Mills Developments Ltd. Ira Kagan* Alexandra DeGasperis Chris Tyrrell 4 Romandale Farms Ltd. Michael Melling*, Meaghan McDermid* Susan Rosenthal 5 Minotar Holdings Inc., Cor-lots Developments, Cherokee Holdings, Halvan Catherine Lyons* Joe Hoffman 5.5 Investments Ltd., and Beechgrove Estates Inc. 6 4716 Elgin Mills Markham Ltd., Kennedy MM Markham Ltd., Markham MMM Jason Park* North Development Corp.