Foxgate Development submits plan for additional units within McKenzie Meadows subdivision

By Mike Renzella

The Haldimand Press

CALEDONIA—Foxgate Developments is looking to add an additional 35 townhouse units within Phase One of their developing McKenzie Meadows subdivision, the site of ongoing demonstrations over land claims.

The townhouses would face out towards a private road on a parcel of land contained within the existing Draft Plan for the development on the southern end of Caledonia.

Following approval of the site plan, Foxgate is seeking exemption from the Draft Plan of Condominium approval in order to leave sections of the subject lands in the ownership of the condominium, including the private road and possibly some exterior and rear yards.

They are also seeking exemption from Part Lot Control to create individual lots for townhouses called Parcels of Tied Land (POTL).

Both of these exemptions are to facilitate a community where purchasers would own their townhouse and the land around their dwelling unit, but not the private road.

Normally in Haldimand County, all units must face out towards a public, county-owned road, so Foxgate is seeking an amendment to zoning provisions in order to set the development and ownership arrangement up ahead of any actual proposal.

“The private road will extend between two municipal roads. The current zoning bylaws do not anticipate this type of ownership arrangement and therefore do not permit this type of arrangement. The condominium corporation will be responsible for the maintenance and operation of the private road and these items will be legally guaranteed through a condominium declaration which will be registered on title,” said information provided by the Planning Department at Haldimand County.

County staff have recommended further amendments be made to the zoning of the subject lands in order to facilitate the ‘custom fit’ set up the developer is looking to achieve.

“The County is starting to receive more complex suites of proposals and applications, which propose various types of ownership arrangements that the current zoning bylaws do not permit but that other legislation does permit,” said the Planning Department rep.

They continued, “The new Comprehensive Zoning Bylaw will address this by permitting new development to front onto either a municipal or provincial road or a condominium road that is of a suitable standard and that has access to a public street. In the case of condominium arrangements, maintenance and operation of the common elements (such as the roads) will be guaranteed by the condominium corporation through the condominium declaration.”

The requested exemptions and amendments have been deemed consistent and in line with the Provincial County policy. The changes would not alter the previously established principle for land use in any meaningful way.

Planning staff have looked over the proposal and recommended approval from County councillors. The issue was discussed at last week’s Council session and was expected to be ratified by Council during a follow up meeting on October 13.

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  1. How is this affecting native lands in the area?
    What is the cause of the dispute?

    1. Hi Jean, if you go to our news tab you can search for our other articles on this site for additional information (i.e. by searching “McKenzie Meadows”). As a quick summary, Foxgate asserts that they have the legal title of the land as provided by Canadian governments, while a group of Six Nations members claim that the lands are unceded Haudenosaunee territory, and therefore Foxgate cannot be the legal owners. Those on site are demanding the return of the land to the Haudenosaunee people and have set up a camp on site since July 19, halting construction.

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