• In June 2024, Town Staff recommended approval of Hyson Properties’ 12-storey, 210-unit development proposal at Main and Ninth Line.
  • Council voted to reject the application on June 26 over concerns about parking, height, and density.
  • Hyson appealed the decision to the Ontario Land Tribunal, and Town Staff informed them and the Tribunal that they would not be attending.
  • During a Nov. 6 closed session meeting, a recorded vote suggests Council decided against hiring third-party representation to defend their refusal.
  • Hyson proceeded uncontested with their appeal during their Dec. 12 hearing, leaving community members frustrated by Council’s perceived abandonment of their stated opposition.
  • A written OLT decision is expected in early 2025.

 

In June 2024, Town Staff recommended that Council approve requested Official Plan and Zoning By-Law amendments needed to permit Hyson Properties’ proposed development at the northwest corner of Ninth Line and Main Street. Located on the former Giles Chevrolet lands, the site’s formal addresses are 5964 Main Street and 28 Fairview Avenue.

Hyson’s 12-storey building would include 210 residential units along with at-grade commercial space. A top-level mechanical penthouse would mark its peak height of 45 metres, and stepped-down levels transition the building height to four storeys at its north end. A total of 248 parking spaces were offered in Hyson’s final submission, including 38 surface-level spaces.

However, during Council’s June 26 meeting, Stouffville’s Ward Councillors unanimously voted to oppose the development and refuse Hyson’s application. They cited inadequate parking as a primary concern, along with issues related to the proposed height and density.

Hyson appealed Council’s decision to the Ontario Land Tribunal (OLT), which adjudicates land-use planning matters. The Town was notified of the appeal on July 23. As Stouffville’s Development Planning department had already expressed support for the applications, Town Staff would have struggled to defend Council’s refusal.

“On August 20, 2024, a letter from Town Staff was sent to the appellant and the Tribunal confirming the Town would take no position on the appeal provided Hyson agreed to the conditions imposed by the Town in its original Council report,” Town Spokesman Glenn Jackson told Bullet Point News.

It is not unprecedented for an OLT appeal to arise following a municipal council deviating from supportive staff recommendations regarding a development proposal. In such scenarios, councils may require external legal and planning experts to represent their position at the Tribunal in place of municipal staff.

During Council’s Nov. 6, 2024, meeting, a confidential Closed Session Report addressed Hyson’s Notice of Appeal. Following Council’s return to open session, Councillor Rick Upton requested a recorded vote, which was included in the meeting minutes.

Upton, along with Councillors Sue Sherban and Keith Acton, voted against the agenda item. While Council Members and Staff cannot comment on closed-session discussions, it is presumed this vote resulted in Council’s decision not to hire third-party representation to defend their June refusal at the Hyson hearing.

On Nov. 20, Upton attempted to make the Closed Session report public during a Council meeting. Waiving the Procedural By-Law was necessary to table the motion, and doing so requires a two-thirds majority vote. Although Councillor Richard Bartley joined Upton, Sherban, and Acton in supporting the request, the required threshold was not met and Upton was not able to put forward his motion.

The OLT hearing was held on Thursday, Dec. 12, and Hyson’s representatives proceeded uncontested with their appeal.

They stated their willingness to meet the Town’s conditions, which include securing appropriate servicing allocation and collaborating with Town Staff to ensure adequate site access and traffic mitigation. While David Brown, the presiding OLT adjudicator, did not provide a verbal decision at the hearing, he suggested a written decision would likely follow soon after the holiday break.

​​Five community members living near the proposed development were granted participant status during the hearing. Carolyn Vitale, a participant and Fairview resident, spoke with Bullet Point News after the hearing.

Vitale praised the Liv Green building at Main and Weldon as an example of more respectful development, particularly in terms of density and architectural style. She argued that Hyson’s proposal would have been more acceptable at eight storeys with roughly 130 units. A smaller footprint, she added, could have provided greater setbacks from existing homes and alleviated some parking concerns.

“The whole meeting yesterday was very disheartening, most notably the absence of Stouffville Council representation,” Vitale said. “Not supporting their previous decision left me and many of my fellow community members feeling abandoned and undervalued.”

“We’re a very tight-knit community, and we have all been here for many years. We walk, we talk, and we genuinely enjoy our quiet area here in Stouffville,” she said. “But now? We really feel as though our hands are tied. How do we continue to fight for our beloved neighbourhood?”

“In the end, the logistics of this proposal don’t work, and the developer has not worked with the community in the way one would hope they would,” Vitale concluded. “And, frankly, we’ve lost trust in our Council to defend taxpayers who have called Stouffville home for many years.”

*This article has been corrected to note that the recorded vote on Nov. 6 was held following Council’s return to open session, not while members were meeting in-camera. We regret and apologize for the error.