Woodway Trails subdivision approval goes against developer’s wishes in Simcoe

Luke Edwards

Grant Haven Media

A Norfolk council decision to approve a draft plan of subdivision actually went against the developer’s wishes.

In an unusual twist, consultant John Vallee requested only a partial approval for his client’s Woodway Trails development at the March 24 council meeting. Vallee urged councillors to only approve an initial phase - 108 of the total 453 units planned for the southeast Simcoe land - instead of the entire plan.

Vallee offered a few reasons for his request, but most centred on a servicing easement that will be required and a quad-party agreement between his client, the County, and two developers to the south and southeast.

“We believe that it’s simply not reasonable to have this developer give that servicing corridor to the County until that quad-party agreement is in place,” Vallee told councillors. The staff recommendation included a long list of conditions, several of which Vallee said touch on aspects of the proposed quad-party agreement.  Vallee said he was concerned that some of the conditions for development in the area could be appealed by the other nearby landowners to the Ontario Land Tribunal, and he didn’t share staff’s confidence that they’d be able to successfully defend any appeals.

“If they’re waived then there’s absolutely no ability for Norfolk to force these developers into a cost sharing agreement with our client and he’s already provided the servicing corridor that’s required,” Vallee said.

For their part, representatives for the other two developers suggested they were open to a fair cost sharing arrangement through a quad-party agreement.

“We are fully prepared to participate in cost sharing between all neighbouring land owners,” said Ashley Sud, principal at Calibrex, one of the developers involved in the quad-party agreement discussions.

“We see no problem with that at all.”

Sud said the servicing easement is vital to ensure proper planning for future municipal infrastructure in the area.

“While phasing is common, approving Phase 1 without protecting the servicing corridor would limit how infrastructure is extended in the future,” he said.

LIV Communities’ Ben Jones agreed, and also said approval gives Norfolk a level of control.

“The county can be in the driver’s seat and intervene if necessary,” he said. In addition to the concerns over the servicing corridor and the agreement, Vallee also said basic bureaucratic logistics could cause problems. With only 20 building permits issued by Norfolk in Simcoe last year, he suggested capacity would be stretched in an effort to get moving on the entire development.

“The simple math is that it’s just not attainable. This is too big and needs to be reduced in scale,” he said.

The overall project includes 453 units that’s mostly a mix of single detached homes and townhouses. There’s also a block set aside for a future 36 units that could take the shape of a mid-rise or group townhouse condominiums.

Some concerns had previously been expressed by councillors and members of the public. They revolve around the number of units, traffic concerns, parkland, environmental, and archaeological. However, councillors offered few comments on the report, when it came forward. Coun. Alan Duthie said it was frustrating to hear talks about the quad-party agreement were still in a very preliminary phase, and added residents appreciate being able to look at a proposal in its entirety. County planner Fabian Serra was also critical of an email he said the Woodway Trails developers sent to councillors offering an alternative plan.

“This is highly inappropriate and circumvents the correct process. It doesn’t allow for public feedback and doesn’t allow for any of the public consultation,” he said.