Applicant
AON Inc., 2107401 Ontario Inc., Penryn Park Estates Inc. and Penryn Mason Homes Inc.
Purpose of application
Development of a residential subdivision on the subject lands. Refer to 'Status Updates' below for more information.
Feedback
To provide feedback on this application or for questions, please email masondevelopment@porthope.ca or call us at 905-885-2431.
Subject lands map
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Status updates
June 11, 2021 - LPAT Decision
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The Tribunal held a Case management Conference (CMC) on May 28, 2021 with regard to a development proposal for the lands known locally as Phase 5 of the Lakeside Village Development which proposal sought an Official Plan Amendment, a Zoning By-law Amendment, and a Draft Plan of Subdivision.
In the lead up to the CMC, the Applicant and the Municipality had entered into Minutes of Settlement that proposed to phase the appeal process into 2 phases. Phase 1 would exclude from consideration of the woodlot and its buffer known as Block 272, and Phase 2 would deal with Block 272 but Phase 2 was requested to be adjourned sine die to enable further studies to be completed.
The Tribunal found that a phased approach is appropriate in these circumstances, as it separates the contested woodlot as found in Block 272 from the balance of the Subject Lands and does not prejudice the consideration of Block 272 at a later date.
The Tribunal allowed the appeals in part, approved the Draft Plan in principle subject to receiving the final version of the Draft Plan (lot 138), approved the Official Plan Amendment, the Zoning By-law Amendment, and the Conditions of Draft Plan Approval, all as set out in the Minutes of Settlement and delegated authority to the Municipality for the clearing of the Draft Plan Conditions of Approval relating to Phase 1.
The Tribunal adjourned Phase 2 of the hearing sine die (without a future date designated) and provided further directions as noted in the Decision.
Read the full LPAT Decision
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May 19, 2021 - Proposed LPAT Minutes of Settlement
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This Planning staff update concerning SU01-2019 Mason Homes Phase Subdivision Applications contains the following information:
- The proposed Minutes of Settlement of LPAT Appeal (Case #PL200619) submitted and signed by the legal counsel of the Applicant/Appellant* to the Municipality. During a closed meeting on May 18, 2021, Council approved the Minutes of Settlement and directed the Municipal solicitor to sign them. The Mayor then publicly reported on this direction at the open Council session, which immediately followed.
* (Includes: AON Inc., 2107401 Ontario Inc., Penryn Park Estates Inc. and Penryn Mason Homes Inc.)
As a result of the appeal, the final decision on the applications now rests exclusively with LPAT and therefore is considered to be a matter “before the courts”. As of December 22, 2020, Council no longer has a decision-making power with respect to the Applicant/Appellant’s planning applications.
The proposed Minutes of Settlement represent a legal agreement between the Appellant and the Municipality (herein, the “Parties”) that sets out terms and conditions whereby both parties mutually agree to seek approval from LPAT for the development of a portion of the Phase 5 lands, save and except for Block 272.
- The Minutes of the Settlement includes the following planning instruments:
- Revised Draft Plan of Subdivision (April 9, 2021) – Appendix A;
- Official Plan Amendment (OPA) – Appendix B;
- Zoning By-law Plan Amendment (ZBA) – Appendix C;
- Draft Plan Conditions – Appendix D;
The signed Minutes of Settlement will be forwarded to LPAT for consideration at their Case Management Conference (CMC) on May 28, 2021. At direction of Council, the municipal solicitor and municipal staff will attend the CMC to support the settlement and the approval by LPAT of the above referenced planning instruments.
- A comprehensive staff report that describes the details of the current proposal, the planning rationale and basis for the Municipal staff recommending support for the proposed Minutes of Settlement.
For further information about the LPAT Cases Management Conference please refer to the LPAT update date April 2021 or directly to the LPAT website concerning Case #PL200619.
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May 6, 2021 update - Cultural Heritage Evaluation Report (CHER)
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May 3, 2021
Cultural Heritage Evaluation Report (CHER)
82 and 88 Victoria Street South (Penryn Estate), Port Hope, Ontario
Report Prepared by LHC and Aboud & Associates Inc.
Background
On June 2, 2020, the Municipality of Port Hope formally advised Mason Penryn Homes Inc. (the Applicant) that a Cultural Heritage Impact Assessment (CHIA) was required to accompany their development applications. These applications include: Draft Plan of Subdivision, Zoning By-law, and Official Plan Amendment for the proposed Mason Homes Phase 5 residential subdivision.
There are several heritage features in proximity to the proposed subdivision, including two adjacent designated heritage properties. For this reason, in September 2020 the Municipality retained LHC and Aboud & Associates Inc. (LHC) to provide the Municipality with additional heritage expertise on matters related to the CHIA. While providing the Municipality general heritage planning expertise, LHC was specifically hired to conduct the following three tasks:
- To provide the Municipality and Applicant with the CHIA draft terms of reference to assist the Applicant in preparation of a CHIA;
- To prepare a Cultural Heritage Evaluation Report (CHER) for the potential cultural heritage landscape at 82 Victoria Street South and 88 Victoria Street South. These properties are part of the former Penryn Estate owned by the Williams family in the 19th century. Both properties are designated under Section 29 in Part IV of the Ontario Heritage Act; and,
- To conduct a peer review of the Applicant’s CHIA.
The CHIA terms of reference, prepared by LHC, was provided to the Applicant on Oct 13, 2020. The CHER was finalized on May 3, 2021. The CHIA peer review will be undertaken once the Applicant has completed the CHIA and submitted it to the Municipality.
Download the Cultural Heritage Evaluation Report
Cultural Heritage Evaluation Report
The Cultural Heritage Evaluation Report (CHER) identifies the cultural heritage landscape boundaries as well as the heritage attributes contained within them. The CHER serves both as reference and guide for the Municipality and Applicant in preparation of the CHIA. Through the preparation of the CHER, LHC:
- independently considered the cultural heritage value or interest of the properties noted as a potential cultural heritage landscape;
- undertook a targeted consultation process and received information through a questionnaire circulated and completed by members of the community with relevant knowledge of the properties’ cultural heritage value and interest as a potential cultural heritage landscape and potential heritage attributes; and,
- provided an updated statement of cultural heritage value or interest delineating the cultural heritage landscape and identifying heritage attributes.
This CHER involved research and analysis of the history, current context, and review of the heritage planning framework of the two properties noted above. This culminated in an evaluation for cultural heritage value or interest using criteria outlined in Ontario Regulation 9/06.
As noted, the next step for the Applicant is to use the CHER as a guide and reference to prepare the required CHIA. When the Applicant submits the CHIA, LHC will conduct its peer review of the document on behalf of the Municipality.
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April 2021 update (LPAT appeal)
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On April 28, 2021 the firm of Kagan Shastri, legal counsel for the Applicant/Appellant (Penryn Mason Homes Inc. et al) concerning LPAT Appeal PL200619, as directed by the Local Planning Appeal Tribunal provided formal Notice in relation to the above noted Case Management Conference to be held by Video.
Date: Friday, May 28, 2021
Time: 10:00 a.m.
Location: https://global.gotomeeting.com/join/677141557
Download the Notice Package
In addition to background information provided by the Applicant/Appellant’s lawyer in their cover letter, other documents in the Notice Package include:
- Notice of Case Management Conference:
- Local Planning Appeal Tribunal Rules 7.1-7.13, 8.1-8.4, 17.1-17.5, 19.1-19.10 and 20.1-20.8;
- Explanatory Note for Zoning By-law Amendment, Official Plan Amendment and
- Draft Plan of Subdivision.
For further information please refer the LPAT website concerning Case #PL200619.
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March 2021 update #2 (Environmental Impact Study)
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As part of the Draft Plan of Subdivision, Official Plan Amendment and Zoning By-law Amendment for Phase 5 – Lakeside Village Community (herein referred to as the “2019 Applications”), an Environmental Impact Study (EIS) and supporting documents were submitted by the AON Inc., 2107401 Ontario Inc., Penryn Park Estates Inc., and Penryn Mason Homes Inc. (“Applicant”).
The Municipality retained North-South Environmental Inc. (NSE) to undertake a peer review to provide a third party, science-based review of the Applicant’s EIS. The purpose of the peer review is to ensure that an objective, professional analysis of the EIS and related information be completed to help inform the preparation of the requisite professional opinions by planning staff and other professionals as to whether the 2019 Applications meet the required tests for good planning including the Provincial Policy Statement 2020, relevant Provincial Guidelines, applicable Official Plan policies, etc.
To view the report please click on the link below:
Environmental Impact Study (EIS) Peer Review
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March 2021 update #1 (LPAT Appeal)
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LPAT Case Management Conference (“CMC”) by video
Case Name: 2107401 Ontario Inc. Et Al v. Port Hope (Mun.)
The Municipality of Port Hope has received formal notice, that the Local Planning Appeal Tribunal (“Tribunal”) will conduct a Case Management Conference (“CMC”) by video on Friday, May 28, 2012 at 10:00 a.m. regarding LPAT Case Name: 2107401 Ontario Inc. Et Al v. Port Hope (Mun.), Case File # PL200619.
Please refer to the LPAT CMC Notice for further details. This Notice provides details for the meeting, video participation details as well as CMC and tribunal rules. It sets out specific time frames and deadlines for all aspects of this CMC. It also describes document submission requirements, preliminary issues that will be addressed at the CMC and other directions.
As per the instructions from the Tribunal, the sole responsibility for providing notice of the CMC lies with the solicitor for the Appellant, in accordance with LPAT’s Notice of Direction – Case Management Conference.
Persons other than the appellant/applicant, municipality who wish to participate in the proceeding, either as a party or as a participant, are required to file a Party Status Request Form or Participant Status Request/Participant Statement Form with the assigned Tribunal Case Coordinator to outline their interest in the proceeding.
Party or participant status request
The Party Status Request Form and Participant Status Request/Participant Statement Form are available on the Tribunal’s website and are to be used to assist with the preparation of the request. If you are requesting status, this form must be provided at least 10 days in advance of the CMC to:
- The assigned Tribunal Case Coordinator Ben Bath at Ben.Bath@ontario.ca.
- The municipality and/or the approval authority on the same day as it is emailed to the Case Coordinator.
- The Applicant and the Appellant(s) on the same day as it is emailed to the Case Coordinator.
The contact information for the parties is included in Schedule A of the LPAT CMC Notice.
For any additional information or questions concerning this LPAT Appeal or CMC, please contact the Tribunal Case Coordinator: Ben Bath at Ben.Bath@ontario.ca or the LPAT website.
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January 2021 update (LPAT Appeal)
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Appeal
The Municipality has received a letter of acknowledgement from the Local Planning Appeal Tribunal regarding the appeal. The file has been assigned to Ben Bath, Case Coordinator, Planner. For specific questions about this case, you may contact the Case Coordinator, Planner at (437) 238-9862 or Ben.Bath@ontario.ca.
- Case Number: PL200619
- File Number: PL200619
- Related File Number(s): PL200620, PL200621
- As of January 8, 2021, no hearings have been scheduled for the case.
For general information concerning the Tribunal, visit the LPAT website at or you may contact the Tribunal’s offices at (416) 212-6349. You may wish to obtain a copy of the Local Planning Appeal Tribunal appeal guide relevant to your situation. The guides will assist in the understanding of Tribunal matters and its processes. Publications are available on the Tribunal’s website or by calling the Tribunal’s offices.
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December 2020 update
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Appeal
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On Friday, November 20, 2020, the Municipality of Port Hope received a Letter of Appeal to the Local Planning Appeal Tribunal (LPAT) regarding the Penryn Mason Homes Phase 5 Subdivision/Official Plan/Zoning By-law Amendment applications. The appeal has been requested by the property owners (AON Inc., 2107401 Ontario Inc., Penryn Park Estates Inc., and Penryn Mason Homes Inc.). For a copy of this document, please visit our Agendas and Minutes page.
- A Public Notice regarding the appeal was posted on the Municipal website on Tuesday, December 1, 2020.
Committee of the Whole Planning Report
Planning Manager, Theodhora Merepeza, submitted a Report to the Committee of the Whole to be received for information purposes at the December 15, 2020 Committee of Whole Meeting. The report provides a status update regarding the appeal. For a copy of this document, please visit our Agendas and Minutes page.
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June 2020 update
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At the Committee of the Whole meeting on Tuesday, June 16, 2020, Council received a Staff Report for information. For a copy of this document, please visit our Agendas and Minutes page.
The report updated Council on the status of the Penryn Mason Homes Inc., Phase 5 planning applications review and approval process, including:
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Proponent responses to comments and information requests made by municipal staff and outside agencies concerning the original Phase 5 plan.
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A new draft plan, received in May 2020 (referred to as a Phase 5 Second Submission), that now proposes to develop the subject lands on a phased basis, starting with a draft subdivision approval of the major western area of the subject lands (Phase 1), and deferring approval of (Phase 2) the wooded eastern portion (Block 305) and the 120m “buffer” area, immediately west of Block 305 for the future, once it has been determined whether or not Block 305 contains a Significant Woodland.
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A formal Municipal request to the Proponent requiring a Heritage Impact Assessment be completed as part of the application approval process; and,
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An overview of the next steps in the Phase 5 planning application review process.
Below is a list of the documents included in the Phase 5 Second Submission. To share your comments and feedback on this application, email us. Comments will be reviewed by Council and staff.
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Covering letter prepared by Penryn-Mason Homes Inc., dated May 13, 2020
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Second Submission Response to Municipality of Port Hope’s Letter of Clarification prepared by Penryn-Mason Homes Inc., dated June 1, 2020
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Comment Matrix prepared by Walker, Nott, Dragicevic Associates Limited, dated May 12, 2020, revised on Jun 2, 2020
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Planning Letter prepared by Walker, Nott, Dragicevic Associates Limited, dated May 13, 2020, revised on Jun 2, 2020
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Draft Plan of Subdivision prepared by Walker, Nott, Dragicevic Associates Limited, dated May 7, 2020, revised on Jun 2, 2020
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Phasing Plan prepared by Walker, Nott, Dragicevic Associates Limited
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Draft Zoning By-law prepared by Walker, Nott, Dragicevic Associates Limited
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Draft Official Plan Amendment prepared by Walker, Nott, Dragicevic Associates Limited, revised on Jun 2, 2020
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Functional Servicing & Stormwater Management Report prepared by D.M. Wills Associates Limited, dated May 2020. (This document is too large to upload to the website. It is available by request. Please email us for a copy.)
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Engineering Phasing Letter prepared by D.M. Wills Associates Limited, dated May 12, 2020
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Transportation Impact Study Addendum prepared by Paradigm Engineering Inc., dated April 17, 2020
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Transportation Phasing Letter prepared by Paradigm Engineering Inc., dated May 7, 2020
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Environmental Impact Study Addendum Letter prepared by Niblett Environmental Associates Inc., dated May 8, 2020
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Tree Inventory & Preservation Plan prepared by Treescape Certified Arborists, dated May 12, 2020
(this document is too large to upload to the website. It is available by request. Please email us for a copy.)
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High Resolution copies of Figures TC293-01, TC293-2, and TC293-03 prepared by Treescape Certified Arborists, dated May 1, 2020
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May 2020 update
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Residents are advised that since the onset of the COVID-19 pandemic in Ontario, the Proponent, Penryn Mason Homes Inc., and the Municipality have been largely occupied with the pandemic impacts and subsequent emergency response measures.
On May 13, 2020 the Municipality received an information package from the Proponent. This information is being treated as a second submission from the Proponent for the Phase 5 planning applications and is in addition to the information presented at the March 10, 2020 Public Meeting.
Planning staff have begun the review process of the newly submitted materials, prior to circulation to other relevant departments and agencies for their review and comment. This is the standard process when a submission is made by a proponent.
After review of the materials and comments from the departments and agencies, staff will be reporting back to Committee of the Whole on the second submission, in June 2020.
Additional details on next steps for the Proponent’s Phase 5 planning applications and a revised planning process chart will be posted on this site when the information is available.
As always, questions about the Penryn Mason Homes Phase 5 planning applications can be directed to the Planning Division by email, or you can call us at 905-885-2431.
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Public Meeting - March 10, 2020
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A Public Meeting for the Mason Homes Development took place on Tuesday, March 10, 2020 at 6:30 p.m. at the Port Hope High School Gymnasium, located at 130 Highland Drive.
Information about the Public Meeting was posted on the Public Notices webpage. If you would like a copy of the Public Meeting agenda and documents related to the meeting, please visit our Agendas and Minutes page.
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February 2020 update
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A media release and backgrounder was issued by the Municipality of Port Hope on February 3, 2020.
Some of the information in the backgrounder is now out of date, as it relates to this application. However, it outlines the planning processes for subdivision developments, Official Plan and Zoning By-law amendments, which are are mandated by the Planning Act, and includes a detailed, step-by-step project approval process, from the time that an application is submitted to the Municipality by the property owner/developer to the final Council decision for the project.
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Application details
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The Municipality of Port Hope has received complete draft plan of subdivision, official plan amendment, and zoning by-law amendment applications for the subject lands.
The subject lands are mostly vacant and have a lot area of 19.4 hectares (47.8 acres) with lot frontage on Victoria Street South and Strachan Street. The property is situated south of Strachan Street and west of Victoria Street South in the Urban Area in the Municipality of Port Hope.
Proposal
The purpose of the proposed Draft Plan of Subdivision application is to facilitate the development of 369 dwelling units comprised of 326 single detached dwellings and nine (9) townhouse blocks (consisting of 43 townhouse units) in a freehold tenure (which means that the townhouses are not condos) on the subject lands.
The proposed development will include an array of public roads (to be maintained by the Municipality) and will be fully serviced (connected to municipal water and sewer systems and other utilities) in accordance with Municipal requirements.
The overall proposed density of development meets and exceeds current and in force Growth Plan targets for this Designated Greenfield area of the Municipality, which means that these lands were designated for residential development (2003 OMB approved draft plans of subdivision referred as “Penryn Park” and “Redner”).
The applicant is proposing that the development would result in the removal of 3.15 hectres of woodland on the west side of Victoria Street South.
The purpose of the proposed Official Plan Amendment is to:
- re-designate a portion of the subject lands on the west side of Victoria Street South to a site specific “Medium Density Residential’ in order to facilitate the development of townhouse units.
- re-designate the lands within ‘Special Policy Site Area 9’ (Penryn Park Estate), including the portions of the subject lands that were previously part of the Port Hope Golf and Country Club to a site-specific “Low Density Residential - Urban” to allow residential uses consistent with the adjacent approved Mason Homes Plans of subdivision.
An amendment to the existing zoning By-law is required in order to establish appropriate development standards to accommodate the freehold dwelling types and designs to be constructed within the proposed subdivision by rezoning the lands (including the portions of the subject lands that that were previously part of the Port Hope Golf and Country Club) to three site specific Residential Zones.
Project Status
Waiting Second Submission Following Public Meeting held on March 10, 2020
Municipality of Port Hope Staff is expecting a submission from the proponent consisting of detailed responses to all agency/department comments to the original 2019 Draft Plan, modified draft plan and revised reports.
The Public Review Period for the proposed Subdivision is open for public commenting. The public can provide comments now until a Council decision is made.
If you wish to be notified of the decision of Municipality of Port Hope in respect of the proposed plan of subdivision, you must make a written request to Municipality of Port Hope at the address: Theodhora Merepeza, Planning Manager, at 56 Queen Street, Port Hope ON L1A 3Z9.
Additional information relating to the proposed Official Plan Amendment (file #OP01-2019), Zoning By-law Amendment (file #ZB06-2019), and Draft Plan of Subdivision (file #SU01-2019) is available for review between 8:30 a.m. and 4:30 p.m., Monday to Friday at the Municipal Development Team Office located at 5 Mill Street South, Port Hope.
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Open house hosted by Mason Homes - December 2019
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An Open House was hosted and facilitated by Mason Homes on Monday, December 16, 2019, from 7 p.m. to 8:30 p.m. at the Royal Canadian Legion - Branch 30, 29A Thomas Street, Port Hope.
This Open House did not replace the statutory Public Meeting that will be hosted by the Municipality, in accordance with the Planning Act R.S.O 1990, c.P. 13.
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