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Home My WebLink AboutPSD-120-07 q![jQglOn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE KescJ~h'on -#-GI;J-S17..(J 7 Monday, October 22, 2007 Date: Report #: PSD-120-07 File #: ZBA 2001-016, S-C-2001-002 and COPA 2005-002 By-law #: Subject: OMB DECISION ON MINUTES OF SETTLEMENT FOR REZONING AND DRAFT PLAN OF SUBDIVISION APPLICATIONS TO PERMIT MEDIUM DENSITY RESIDENTIAL USES APPLICANT: FIRST-TECH MECHANICAL SYSTEMS INC., MARIA WULCZYN, AND PERCY NAPPER RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-120-07 be received. Submitted by: Re_by'~ . R. .P. .Ad klin Wu, Ices ~ 0- Chief Administrative Officer RH/CP/DJC/df 16 October 2007 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-120-07 PAGE 2 1.0 BACKGROUND 1.1 First-Tech Mechanical, Maria Wulczyn, and Percy Napper submitted Official Plan Amendment, draft plan of subdivision, rezoning, and severance applications to permit the development of a subdivision containing 3 single detached dwellings and a block containing up to 9 townhouse dwellings. The applicants appealed to the Ontario Municipal Board for Council's and Land Division Committee's failure to deal with the applications. 1.2 On September 10, 2007, Council approved Minutes of Settlement containing conditions of draft plan approval, conditions for a land severance, and a zoning by-law amendment to allow the development of a plan of subdivision with 3 single detached dwellings and a block containing up to 9 townhouse dwellings. Council authorized Staff to appear at the Ontario Municipal Board to present the Minutes of Settlement. 1.3 On September 27, 2007, Staff presented the Minutes of Settlement to the Ontario Municipal Board and indicated that the development represented good planning. No one appeared in opposition to the development proposal. The Board member provided an oral decision that the applications would be approved. On October 4, 2007, the Ontario Municipal Board provided the memorandum of the oral decision. A copy of the decision is attached.. 2.0 STAFF COMMENTS 2.1 By issuing its order, the Ontario Municipal has granted: . Conditions of draft plan approval for the subdivision; . Land division conditions: and . Enacted zoning to implement the draft plan of subdivision. The Ontario Municipal Board also dismissed the appeals on the Official Plan Amendment and related consent applications, to allow the severance of the single-detached dwelling fronting on Highway 2. The applicants must now fulfil the conditions of draft plan approval and the land division conditions in order that development may commence. While the single detached dwellings would proceed through a subdivision agreement, the townhouse development would proceed through site plan approval. Attachments: Attachment 1 - Copy of OMB Decision Attachment 1 T 0~Elportl'SD:120-07 _ 2656 ~ ~ Ontario Ontario Municipal Board Commission des affaires municipales de "Ontario PL040953 ISSUE DATE: October 4, 2007 DECISION/ORDER NO: First-Tech Mechanical and Maria Wulczyn have appealed to the Ontario Municipal Board under subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from Council's refusal or neglect to enact a proposed amendment to the Official Plan for the Municipality of Clarington for the purpose of seeking an exemption from the "Special Policy Area - F" designation pertaining to lands respecting Part Lot 31, Concession 2 (Kennedy Drive) to permit the development of a residential development. Approval Authority File No. COPA 2005-002 OMB File No. 0070083 First-Tech Mechanical and Maria Wulczyn have appealed to the Ontario Municipal Board under subsection 34(11) of the Planning Act, R.S.O. 1990. c. P.13, as amended, from Council's refusal or neglect to enact a proposed amendment to Zoning By-law 84-63, as amended, of the Municipality of Clarington to rezone lands respecting Part Lot 31, Concession 2 (Kennedy Drive) to permit the development of a residential development Municipality of Clarington File No. ZBAZ001-016 OMB File No. Z060020 First-Tech Mechanical and Maria Wulczyn have appealed to the Ontario Municipal Board under subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from the failure of the Municipality of Clarington to make a decision respecting a proposed plan of subdivision on lands composed of Part Lot 31, Concession 2 (Kennedy Drive) in the Municipality of Clarington Approval Authority File No. S-C-2001-02 OMB File No. S070048 First-Tech Mechanical and Maria Wulczyn have appealed to the Ontario Municipal Board under subsection 53(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from a decision of the Durham Region Land Division Committee which dismissed an application numbered LD 159/2000 for consent to convey part of the lands composed of Part Lot 31, Concession 2 (Kennedy Drive) OMB File No. C040298 Percy Napper has appealed to the Ontario MuniCipal Board under subsection 53(14) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from a decision of the Durham Region Land Division Committee which dismissed an application numbered LD 158/2000 for consent to convey part of the lands composed of Part Lot 31, Concession 2 (Kennedy Drive) OMB File No. C040299 APPEARANCES: Parties Counsel Region of Durham M. Singh (not present) Municipality of Clarington D. Hefferon - 2 - PL040953 First-Tech Mechanical Ltd., Maria Wulczyn G. Borean and Percy Napper MEMORANDUM OF ORAL DECISION DELIVERED BY J.R. AKER ON SEPTEMBER 27, 2007 AND ORDER OF THE BOARD At the outset of this second pre-hearing conference, Mr. Borean, counsel for the First-Tech Mechanical Ltd., Maria Wulzcyn and Percy Napper (appellants), made submissions that the Affidavit of Service (Exhibit 1) is clear and adequate. Mr. Hefferon, counsel for the Municipality of Clarington (Municipality), agreed that there has been full and adequate notice. Based on the submissions of both counsel, the Board finds the Affidavit of Service to be sufficient and no further notice is required. Mr. Hefferon provided the Board with Minutes of Settlement (Exhibit 7) signed by the Municipality and the appellants. Mr. Hefferon advised the Board that the Region of Durham, is in support of the Minutes of Settlement. Mr. Hefferon requested that the Board convert this pre-hearing conference into a full hearing. Mr. Borean agreed with the request of Mr. Hefferon as all outstanding matters have been settled. Based on the submissions of counsel, the Board converts this pre-hearing conference to a full hearing of the Board. Mr. Richard Holy, Senior Pianner in the Planning Services Department of the Municipality of Clarington, provided land use planning evidence in support of the Minutes of Settlement and the proposed residential development. His evidence is that the subject property is located at 1613 Highway 2 and at 33 Kennedy Drive in the Municipality of Clarington in the Region of Durham. The property is 0.39 hectares (0.96 acres) in size and is located within Part Lot 31, Concession 2 in the former Township of Darlington. Mr. Holy reviewed the draft plan of subdivision (Exhibit 5) with three lots for single-family dwellings fronting onto Kennedy Drive and a block for nine townhouses - 3- PL040953 with a single access onto Highway 2. His evidence is that the proposed development is consistent with the Provincial Policy Statement 2005; conforms to the Growth Plan for the Greater Golden Horseshoe 2006 and the Official Plan of the Municipality of Clarington and represents good planning. Mr. Holy provided opinion planning evidence on each of the five appeals before the Board. Mr. Matthew Johnston, a qualified planner retained by the appellants, concurred with the planning evidence of Mr. Holy. No one spoke in opposition. Based on the planning evidence, the Board finds that the proposed development is consistent with the Provincial Policy Statement 2005, conforms to the Growth Plan for the Greater Golden Horseshoe 2006, conforms to the Official Plan of the Municipality and represents good planning. The Board Orders that the appeal by Percy Napper on Application No. LD 158/2000 is allowed and the provisional consent is to be given subject to the conditions set out in Schedule 1 to this Order. The Board Orders that the appeal by First-Tech Mechanical and Maria Wulczyn on their Application No. LD 159/2000 is dismissed and the provisional consent is not to be given. The Board Orders that the appeal by First-Tech Mechanical and Maria Wulczyn from the failure of the Counsel of the Municipality to enact a proposed amendment to the Official Plan for the Municipality of Clarington is dismissed. The Board Orders that the appeal of First-Tech Mechanical and Maria Wulczyn is allowed and the draft plan of subdivision S-C-2001-002, a copy attached hereto as Schedule 2, is approved subject to the fulfillment of the conditions set out in Schedule 3 to this Order. And the Board Orders that pursuant to subsection 51(56.1) of the Planning Act, the Municipality of Clarington shall have the authority to clear the conditions of draft plan of approval and to administer final approval of the plan of subdivision for the purposes of subsection 51 (58) of the Act. In the event that there are any difficulties implementing - 4- PL040953 any of the conditions of draft plan approval, or if any changes are required to be made to the draft plan, the Board may be spoken to. The Board Orders that the appeal by First-Tech Mechanical and Maria Wulczyn is allowed, and By-law 84-63 is hereby amended in the manner set out in Schedule 4 to this Order. The Board cancels the hearing set down for November 15 and 16,2007. The Board so Orders. J.R. AKER MEMBER Attachment in PDF format