Neighbours who opposed a zoning bylaw amendment application and consent applications for a development on Greenwood Forest Road in Oro-Medonte four years ago were back in front of township council this past week to remind the current council they still oppose it.
In fact, as far as they’re concerned, nothing’s changed and the issues remain the same — potential traffic congestion and negative impacts on Lake Simcoe, the removal of a significant woodland and bad planning.
How much sway they’ll have remains to be seen as the decision to allow the development now rests with the Ontario Land Tribunal (OLT).
George Vadeboncoeur, Oro-Medonte's manager of planning special projects, advised council in a report that was received for information only, “that the township has received an appeal to the Ontario Land Tribunal (OLT) pertaining to a non-decision being rendered by council on zoning bylaw amendment application 2020-ZBA-05 and consent applications 2020-B-04 to 2020-B12 from UCCI Consolidated Companies Inc.”
The zoning bylaw amendment and associated consent applications were submitted to the township on April 20, 2020.
The proposed rezoning sought to revise the existing zone from the open space to a rural residential one exception. Nine applications for consent were submitted to create nine new parcels of land and one retained lot, totalling 10 residential parcels.
The Planning Act requires that decisions regarding applications for zoning bylaw amendment be made a minimum of 90 days from the date the specific application is deemed complete.
The applications were deemed complete on May 6, 2020.
On March 6, 2024, the township received a letter from the applicant’s lawyer appealing council’s non-decision on the rezoning and consent applications to the OLT.
“The applicant has been working with the applicable agencies and staff to address comments raised through the public process, but has decided to appeal the applications to the OLT, which refers the process and authority of approval to the OLT instead of council,” Vadeboncoeur said in his report.
The OLT has scheduled a case management conference (CMC) on the appeals for Friday, July 12.
Vadeboncoeur’s report said that over the last three years the applicant has been working to address public and agency considerations that were raised as part of the public notification process, including:
- tree preservation and impacts on the environment
- character of the neighbourhood
- trail and adjacent parking lot
- contravention of planning policies
- preservation of private open space
- extension of Greenwood Forest Road to connect to Windfields Drive
- safety and security of property
- increased traffic in the area.
Jamie Robinson, a planner at MHBC and a consultant for Steven and Shannon Schroeder, who live at 17 Windfields Dr., appeared before council to ask it to “defend the decision, or the non-decision, and oppose the proposed applications for that property, both the consent applications and the zoning amendment application.”
He said recent changes to the Planning Act, which came about as a result of Bill 185, may affect the ability of neighbours to participate in that OLT hearing if council chooses not to participate, or if they choose not to defend their decision.
“From the neighbour’s perspective, it’s important that they have the opportunity to, for lack of a better term, hitch their wagon if you will, to a council position to deny or to oppose that proposed development,” Robinson said.
According to Robinson, who noted he’s a planner not a lawyer, the change in legislation took away appeal rights for third parties for zoning amendments and Official Plan amendments.
Third-party appeal rights had already been removed historically for committee of adjustment applications and also plans of subdivision, he added.
“This is a unique application because it’s an appeal of a non-decision; council didn’t make a decision on the application,” Robinson said. “It’s an applicant-led appeal.
“Historically, third parties, such as neighbours, are able to be parties to those. We hope that is still the case, but it’s not entirely sure,” he added.
Robinson noted that since the legislation is new — it’s only been in effect for about three weeks — it’s never been tested.
“The lawyer for the residents in that area specifically asked that I make that comment because there is some ambiguity around it,” Robinson said. “I would expect at a hearing, if the township isn’t present, the applicant's lawyer would be fighting to have the residents not added as a party on the basis of this change in legislation.”
Brenda Norwich, lives at 20 Park View Ave., around the corner from the proposed development site. She said the site is a recognized forest woodland, home to a wide variety of animals and an essential part of the local landscape.
She implored Oro-Medonte council to show it cared for the environment and oppose the development.
“The interest of many should outweigh the interest of one family,” she said, referring to UCCI Consolidated Companies Inc. “How can the interest of the Ucci family outweigh the damaging impact on our environment, the incompatibility of the (township's) Official Plan and the heartfelt, well-documented objections of more than 40 families in the area.
“This will change everything about our lifestyle," Norwich added.
Bruce Hovey, who lives across the from the proposed development site, said he’s concerned about the traffic that will result if the development goes through, as well as the safety of residents.
“My big worry is once you put these houses in, you’ve got construction traffic for the next 10 years,” he said while addressing council. “It’s going to be a nightmare, not just right now, but it will snowball into a problem that you will be dealing with for years.
“It’s going to be dangerous,” Hovey added.
Moving forward, township staff will require direction and instructions from council regarding the township’s role and position throughout the proceedings.
“As the matters are litigious, council direction/instruction is provided in closed sessions so as not to prejudice the township’s positions, which are based on a variety of considerations,” Vadeboncoeur wrote in his report.
“The case management conference scheduled for July 12 represents the start of an OLT process that could take some time to be resolved,” he added.
BarrieToday reached out to UCCI Consolidated Companies Inc. for comment, but did not hear back prior to publication.
