The Ontario Land Tribunal (OLT) is scheduled to meet May 8-17 for a so-called merit hearing to determine whether the development of an eight-storey, mixed-use condominium at 405 Essa Rd., in south-end Barrie, will be granted or not.
City council heard seven deputations Wednesday night opposing the project — a condo building with 89 residential condominiums, five three-storey townhouses and ground-floor commercial, for a total of 95 units on 0.67 acres.
Sean Mason Homes wants to rezone this land from residential multiple-dwelling second-density with special provisions, hold, to mixed-use corridor with special provisions.
“We don’t fault the developer for wanting to increase density. It’s his right to do that,” said area resident David MacKenzie. "But our community faces intensification on (a small parcel of land). This is going to become a re-occurring theme.”
Realtor Peggy Hill said the proposed development would “shatter many lives and affect property values.”
Laura Fess brought her newborn to the council meeting and had an offer for councillors.
“Come on our street and see how monstrous this will be,” she said.
Graeme Montgomery said it’s not too late for councillors to oppose this project.
“Vote no and send a message to the OLT that residents have to have a say in our city," he said to council.
Montgomery said how the process works is important.
“The basis of our deputations tonight … a lot of questions around how we got here and what it means for development in Barrie,” he said.
“Look at the basis of the OLT appeal. We are very perplexed as to how we ended up here and how we are expected to fund-raise (for legal fees) to be involved at OLT. Lots and lots of layers," Montgomery added.
The OLT decides land-planning matters when developers, residents and local councils cannot reach agreement. It is the former Ontario Municipal Board.
After a 45-minute, closed-door session earlier in the evening Wednesday, councillors received, for information purposes, a report on the status of the appeal of the rezoning to the OLT, and approved a motion that the mayor and clerk be authorized to sign confidential "minutes of settlement … as amended by confidential direction provided by general committee at its May 3, 2023 meeting to the satisfaction of the director of development services and the director of legal services."
Council gave final approval to this motion Wednesday night by an 11-0 recorded vote.
The specifics of these confidential minutes of settlement were not discussed in public by councillors.
Mayor Alex Nuttall issued a warning, of sorts, to residents before they spoke at Wednesday’s meeting.
“I’d like to remind you those deputations (which) have been involved with the Ontario Land Tribunal process that these matters are still considered confidential and can’t be discussed in public forum,” he said. “If you start to discuss the details of the proposed settlement, I’ll be forced to ask the clerk to turn off the microphone as they are considered confidential and before the courts.”
Coun. Nigussie Nigussie, who represents the area, thanked those who spoke to council Wednesday and were involved in the process.
“As councillors we did not make any decisions without the input of our residents, stakeholders and taxpayers,” he said. “I have heard your voice and concerns. I know the residents are not happy and I’d like to let you know that while I can’t speak to the specific terms, yet I want to let you know we negotiate the best possible deal given the circumstances.
“I have been working very hard with the staff, residents and the developer to try to come to a compromise before the Ontario Land Tribunal,” Nigussie added. “Unfortunately, I’m not in a position to share any details publicly … (they’re) confidential until the minutes of settlement are finalized next week and when the hearing is scheduled to begin.”
Montgomery is a member of a residents’ group which has met consistently during the past seven years concerning Sean Mason Homes and its developments in their community. A petition opposing this rezoning has been circulated with a total of 557 signatures, both online and handwritten.
But what’s been proposed at 405 Essa has changed with the years.
In December 2021, the proposed development was an eight-storey, mixed-use condominium building with 95 residences, six townhouses and ground-floor commercial space, along with a ground-floor parking garage and an amenity area on this vacant, rectangular. 0.67-acre property on the west side of Essa Road, north of the Ferndale Drive South and Veterans Drive intersection.
In June 2018, city council rezoned this property to multiple residential use from agricultural. This land is within the Essa Road secondary intensification corridor, in Ward 6, and is adjacent to mature residential development which has existed for more than 25 years.
At one point, Mason was proposing 115 residences, which included 103 condos, six townhouses, six mixed-use (live/work) units and 15 per cent affordable housing.
The land is designated for residential use in Barrie’s Official Plan.
Residents have said the developer's proposed development is not in character with other housing in the area, and have been opposed to its density and the project’s size.
Mason has said the opposition is NIMBY, or not in my back yard. He did not speak at Wednesday’s meeting.
About 40 people involved with the 405 Essa project attended the council meeting, many of them carrying signs protesting the development.
