Two adjacent subdivision proposals at the eastern edge of Elora along South River Road now have draft approval, following a Local Planning Appeal Tribunal (LPAT) decision rendered on July 25.
Click here for a .pdf of the LPAT decision.
The applications by Haylock Farms Ltd. and B. Youngblood and 1238576 Ontario Limited remain subject to provisions of the tribunal hearing. Those items will need to be incorporated into the final plans of subdivision, which encompass nearly 100 acres.
The developments could include between 538 to 817 residences in a mix of single detached, condominium and multiple residential units.
In a telephone interview with the Advertiser, Centre Wellington Mayor Kelly Linton said he is very happy with the outcome.
The original proposal compared to its current version “is like comparing night and day,” said Linton. He explained “what started out as a grid pattern now takes into account the contours of this unique property.”
He said plans include a huge wooded area in the centre of the development and four bicycle paths leading to the Trestle Bridge Trail area.
Higher density areas have been pushed south, to the rear of the proposed development, leaving an area along South River Road more compatible with existing development.
Linton noted the area by the road will have a huge stormwater management pond in “a park-like” setting.
“This development will have more parkland than what is typically required by the township to maintain features of this unique property,” he said.
At the same time, Linton said the developments will meet provincial residential density targets by using a more flexible approach on where development happens within the subdivision.
While pleased with the involvement of groups such as the Smart Growth Elora and Fergus residents’ association, Linton was disappointed the group chose not to take part in the mediation process in late 2017 and early 2018.
His understanding was the group was advised by its legal counsel not to take part in that discussion.
Linton said much of the land will be used for single family homes, while two blocks will be for multi-residential units to meet the overall density target of 40 residential units per hectare.
Linton stressed “a mix of housing types is needed so that people can afford to live in Elora … and houses are not priced out of reach.”
While Wellington County will have final approval, the township will continue to comment throughout the process.
Linton explained that due to the flexibility built into the proposals, the unit yield on the draft plan is expressed as a range.
The Haylock property will include 196 to 261 detached dwellings, 18 to 25 condominiums and 101 to 181 multiple residential units.
The Youngblood property will include 87 to 107 detached dwellings, 20 to 30 condominiums and 116 to 213 multiple residential units.
Linton said there are still a number of steps before any homes are built, including final approval for a modified plan of subdivision, approval of site plans, building permits, additional surveys and earth works.
In addition, the mayor clarified the township has some controls on the speed of the development.
Linton suspected area residents would not see much activity on the property until 2019.
Background
Subdivision proponents originally filed appeals due to the failure of the township and the county to make a decision on draft plan applications regarding the developments.
During the course of the hearing, Haylock and Youngblood were represented by the same counsel and team of consultants, who gave evidence on behalf of both parties.
As such, for the purposes of the hearing, and for the purposes of the tribunal decision, the two parcels were being treated as linked and effectively a unified development proposal.
Between the time of the filing of the appeals and the LPAT hearing, the township and the county and the appellants were in communication and working together to identify and resolve issues.
This was further facilitated by Ontario Municipal Board-led mediation in late October 2017.
The upshot of those discussions and the mediation was that the appellants and the municipalities came to terms on a mutually acceptable development proposal.
The final versions of the respective draft plans, the conditions of draft approval and the form of the zoning bylaw amendments were documented in minutes of settlement executed January 2018 by the appellants and the municipalities.
However, the resolution was not supported by the Smart Growth Elora and Fergus residents’ association, which retained expert witnesses to challenge the settlement.
According to the LPAT decision, the challenge required the tribunal to test even more carefully the terms of the settlement in order to be satisfied that the settlement is in the public interest.
Based upon the testimony of the witnesses and as illustrated on the aerial photos tendered as exhibits, the Haylock Property “is largely stripped of vegetation, as it has been in agricultural production,” states the LPAT decision.
“There is a dwelling located on it, considerably back from South River Road, and a plantation adjacent to the northeast of it, whose easterly edge is defined by the driveway from South River Road to the dwelling.
“The Youngblood Property is marked by a stand of trees and vegetation at South River Road. This portion of the parcel is designated in the county Official Plan as core greenlands.
“By agreement between Youngblood and the municipalities, as two of the dwellings are apparently understood to have certain heritage attributes, although not formally designated under the Ontario Heritage Act, those two dwellings will be retained.”
The LPAT decision continues, “The central part of the Youngblood Property has various stands of trees and hedgerows but as it moves south and easterly, the land evidences its use for agricultural purposes and is largely bare.
“The approach taken with both draft plans is to lay out development blocks rather than precisely laying out the lotting at the draft plan stage. The development blocks are identified for low density residential purposes, multiple residential purposes and condominium residential purposes.
“The low density blocks are intended for detached dwellings but it is expected that a variety of frontages will be established, ranging from 11 … to 15m.”
