Staff Report Planning & Development Services - Planning

Report To: Committee of the Whole Meeting Date: April 24, 2017 Report Number: PDS.17.41 Subject: Town of The Blue Mountains Official Plan Update Ontario Municipal Board Decision Received Prepared by: Shawn Postma, Senior Policy Planner

A. Recommendations

THAT Council receive Staff Report PDS.17.41, entitled “ Town of The Blue Mountains Official Plan Update, Ontario Municipal Board Decision Received” for information purposes.

B. Overview

This Report provides an update to Council on a recent Ontario Municipal Board (OMB) prehearing and settlement hearing with respect to appeals to the Town of The Blue Mountains Official Plan.

C. Background

The Ontario Municipal Board (OMB) held a prehearing and settlement hearing on the six remaining appeals to the new Official Plan. The Town advised the Board that four of the appeals relating to the Jozo Weider Boulevard residents group regarding the removal of an exception to the Plan had been resolved and that minutes of settlement have been completed.

The Board accepted the planning evidence provided and the minutes of settlement, and through their decision of April 5, 2017 have ordered that the exception on Blue Mountain Resorts lands be re-inserted into the Plan. The exception limits development to ski trails, ski lift facilities, parking, recreational facilities, outdoor recreational uses and existing approved based lodges and maintenance facilities.

The two remaining appeals include Eden Oak and MacPherson Builders (Home Farm). The Eden Oak appeal was discussed at the April 3, 2017 OMB Hearing related to the original development file. Minutes of Settlement were submitted to the Board that included the withdrawal of the Eden Oak Official Plan appeal. A decision from the OMB is still pending. The MacPherson Builders (Home Farm) appeal remains active and dates have been set for September 2017 and Eden Oak.

Committee of the Whole April 24, 2017 PDS.17.41 Page 2 of 2

D. Analysis

The new exception is now in full force and effect. Planning Staff through a future housekeeping amendment to the Official Plan will re-insert the text and mapping change as part of an updated Office Consolidation of the Plan.

E. The Blue Mountains Strategic Plan

Goal #3: Support healthy lifestyles F. Environmental Impacts

Nil

G. Financial Impact

Nil

H. In consultation with

Nil

I. Attached

1. Ontario Municipal Board Decision PL160747

Respectfully Submitted,

Shawn Postma, MCIP RPP Senior Policy Planner

Michael Benner, MCIP RPP Director of Planning and Development Services

For more information, please contact: Shawn Postma, Senior Policy Planner spostma@thebluemounatins.ca 519-599-3131 extension 248

PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: Khush Dadyburjor Appellant: Elisabeth Ecker-Vanderploeg Appellant: Eden Oak (Trailshead) Inc. Appellant: MacPherson Builders (Blue Mountains) Ltd.; and

others Subject: Town of The Blue Mountains Official Plan Municipality: Town of The Blue Mountains OMB Case No.: PL160747 OMB File No.: PL160747 OMB Case Name: Dadyburjor v. The Blue Mountains (Town) Heard: March 21, 2017 in Owen Sound, Ontario APPEARANCES: Parties Counsel/Representative* Town of the Blue Mountains D. Neligan County of Grey E. Treslan MacPherson Builders (Blue Mountains) Ltd.

C. Yi and B. Ruddick

Eden Oak (Trailshead) Inc. A. Pascuzzo* Tomson Xhelili, Ivi Xhelili, Elisabeth Ecker-Vanderploeg and Khush Dadyburjor

E. Ecker-Vanderploeg*

Ontario Municipal Board Commission des affaires municipales de l’Ontario

ISSUE DATE: April 05, 2017 CASE NO(S).: PL160747

2 PL160747

MEMORANDUM OF ORAL DECISION DELIVERED BY IAN ROWE ON MARCH 21, 2017 AND ORDER OF THE BOARD

[1] This hearing was a Pre-hearing Conference and settlement conference with

respect to appeals arising from a new Official Plan (“OP”) for the Town of the Blue

Mountains (the “Town”).

[2] The Board was advised that four of the appeals, all relating to the same subject

matter, had been resolved. These appeals related to property which had been subject

to an exception under the former OP that had not been carried forward in the new OP.

The former exception applied to part of lot 18 concession 2 (the “subject lands”) which is

set out in Exhibit 3 which is attached as Attachment 1. The former exception had

restricted the use of the subject lands for ski trails and lift facilities, parking areas and

recreational facilities, outdoor recreational uses and existing approved base lodges and

maintenance facilities. The Appellants are residents in the immediate area and seek

the re-imposition of such restrictions. Minutes of Settlement (which were filed as Exhibit

1 and are attached as Attachment 2) propose to amend the OP to do so.

[3] The Board heard from Shawn Postma, the Senior Policy Planner for the Town.

Mr. Postma was qualified to offer opinion evidence to the Board on land use planning

matters. He reviewed the history of the matter, the Minutes of Settlement and opined

that the proposed settlement was consistent with the Provincial Policy Statement, 2014

and conformed to both the County and Town’s OPs. He concluded that the proposed

settlement represented good planning. On the consent of the relevant parties and on

the uncontroverted evidence of Mr. Postma, the Board allows the four appeals, in part,

and modifies the OP in accordance with the Minutes of Settlement and OP Schedule A5

as modified in Attachment 1.

[4] Turning to the balance of appeals, the Board was advised that the two remaining

appeals should take no more than two days each to be heard. On that basis, it appears

unnecessary to establish a detailed procedural order. Having said that, at the request

3 PL160747

of the County of Grey, the Board orders that the remaining Appellants provide their

issues list within 30 days of this decision. In the event that there is a dispute with

respect to the proposed issues, the Board may be spoken to. In addition, the appeal of

MacPherson Builders (Blue Mountains) Ltd. (“MacPherson”) raises an issue with

respect to the Woodlands mapping within the OP. On or before June 15, 2017,

MacPherson is to provide the remaining parties its proposed mapping with respect to

Woodlands together with the basis for its proposed amendment to the Woodlands

mapping in the OP.

[5] The remaining appeals are set down for a four-day hearing commencing at 11

a.m. on September 12, 2017 at:

Council Chanbers Town Hall of The Blue Mountains

32 Mill Street, Thornbury The Blue Mountains, ON N0H 2P0

No further notice is required. The parties will advise the Board as to the order of

evidence within 30 days of this Decision. If there is a dispute with respect to the order

of evidence, the Board may be spoken to.

[6] This Member is not seized.

“Ian Rowe”

IAN ROWE 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

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PL160747 - A

ttachment 1

OMB Case File: PL160747

ONTARIO MUNICIPAL BOARD

Dinaz Dadyburjor has appealed to the Ontario Municipal Board under subsection 17(36) of the Planning Act, R.S.O. 1990, c.P.13, as amended, from a decision of the County of Grey to approve the Official Plan of The Town of the Blue Mountains as adopted by By­law 2014-56 with modifications.

Thomson Xhelili has appealed to the Ontario Municipal Board under subsection 17(36} of the Planning Act. R.S.O. 1990, c.P.13, as amended, from a decision of the County of Grey to approve the Official Plan of The Town of the Blue Mountains as adopted by By­law 2014-56 with modifications.

lvi Xhelili has appealed to the Ontario Municipal Board under subsection 17(36) of the Planning Act, R.S. 0. 1990, c.P .13, as amended, from a decision of the County of Grey to approve the Official Plan of The Town of the Blue Mountains as adopted by By-law 2014-56 with modifications.

Elisabeth Ecker Vanderploeg has appealed to the Ontario Municipal Board under subsection 17(36) of the Planning Act, R.S.O. 1990, c.P.13, as amended, from a decision of the County of Grey to approve the Official Plan of The Town of the Blue Mountains as adopted by By-law 2014-56 with modifications.

MINUTES OF SETTLEMENT

BETWEEN:

The Corporation of the Town of The Blue Mountains (hereinafter called "The Blue Mountains")

-and-

Dinaz Dadyburjor, Tomson Xhelili, lvi Xhelili, and

Elisabeth Ecker Vanderploeg (hereinafter called "the Appellantsn)

Jn consideration of the final settlement of this matter negotiated between The Blue Mountains and the Appellants and the sum of Two Dollars ($2.00) paid by each to the other (the sufficiency and receipt of which is hereby acknowledged), the Parties agree to resolve the Appellants' appeals of the Town of The Blue Mountains Official Plan as adopted by By-Law No. 2014-56, as modified and approved by the County of Grey (the

1

PL160747 - Attachment 2