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Home My WebLink AboutPSD-020-09Meeting: GENERAL PURPOSE AND ADMINISTRATION. COMMITTEEI 1 ~1 } Date: Monday, February 23, 2009 ~~~o~uh~~~PA' I~'(~ Report #: PSD-020-09 File #: COPA2002-006 By-law #: S-C-2002-002, ZBA 2002-002 Subject: APPEAL TO THE ONTARIO MUNICIPAL BOARD OF OFFICIAL PLAN AMENDMENT, ZONING BY-LAW AMENDMENT AND DRAFT PLAN OF SUBDIVISION APPLICATIONS APPLICANT: PORT DARLINGTON LAND CORPORATION RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report PSD-020-09 be received for information; and THAT all interested parties listed in this report and any delegation be advised of Council's decision. Submitted by: ~~-' Da Id . Crome, MCIP, RPP Director of Planning Services SA/CP/df 12 February 2009 Reviewed by: ~ ' -- -`~~ ~`~ Franklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-020-09 PAGE 2 1.0 BACKGROUND 1.1 In February 2002, Sernas Associates, on behalf of Sylvan Estates Inc. and Bennett Developments Inc., submitted applications for a proposed draft plan of subdivision and an amendment to the Zoning By-law fora 40.405 ha parcel located generally between Bennett Road and Port Darlington Road, south of the CN Railway. An amendment to the Clarington Official Plan was submitted in June 2002. The Port Darlington Land Corporation took over the application in 2005 as the new owners of the property. The application was to permit the development of 699 dwelling units comprised of 153 single detached lots, 220 semi-detached units, 116 townhouses, 210 apartments, together with a school block, 7 park blocks, 4 open space blocks, 2 stormwater management facilities and 1 commercial block. 1.2 In the first recommendation report to Committee on September 8, 2008, municipal staff recommended that the application be denied. Committee requested additional information and tabled the report to a later meeting. This was endorsed by Council September 15, 2008. 1.3 Following consideration of an addendum staff report, a decision was made on November 10, 2008 by Clarington Council to deny the Official Plan amendment, Zoning By-law amendment and draft plan of subdivision applications. Council found the proposed development to be premature. 1.4 On December 11, 2008 the Municipality received letters appealing Council's decision on the Official Plan amendment, Zoning By-law amendment and draft plan of subdivision applications to the Ontario Municipal Board (OMB). A copy of the applicant's appeal letters are contained in Attachment 2 (Official Plan and rezoning appeal) and Attachment 3 (subdivision appeal). 2.0 COMMENTS 2.1 During the application review process a number of citizens and the Port Darlington Community Association expressed concern with the proposed development and it's subsequent impacts on their area. Thus it is expected some citizens may request to be Participants, although not Parties, to these appeals. 2.2 At this time, a date for an Ontario Municipal Board (OMB) hearing has not been scheduled. The applicant believes this matter would benefit from a Pre-Hearing Conference, which the OMB has scheduled for March 12, 2009. 3.0 CONCLUSION 3.1 Staff recommends that Council receive the report for information. REPORT NO.: PSD-020-09 PAGE 3 Attachments: Attachment 1 -Key Map Attachment 2 - Appeal Letter for Official Plan and Draft Plan of Subdivision Attachment 3 - Appeal Letter for Rezoning Amendment Interested parties to be notified of Council's decision: Bryce Jordan, Sernas Group Kelvin Whalen, Kaitlin Group Attachment 1 To Report. PSD-020-09 Lot 8 Lot 7 `I ~NWAY ~~ ~ ~ ~\\\ I hgTi.,\ -~\~\~ Lot 6 Lot 5 ~_~ o Zj- N Q N ~ U C ~ Z ~ U m o LL W„i~e,~~ ~ 4i Lake Ontario COPA 2002-006 Zi3e~ 2002-002 ~-^-2002-002 Port Darlington Land Corporation Bot~!ntenvi!Pe Key !t4ap Attachment 2 '0$DEC14 FM 2~ To Report PSD-020-09 D~~TI S LLP LEGAL ADVISORS SINCE i892 FILE NUMBER i:%ttiFSiCir~'.47\' Ci. a;l-r9iit;ti~ i%`~i FROM THE OFFICE OF DIRECT LINE DIRECT FAX E-MAIL December 9, 2008 DELIVERED BY COURIER City Clerk Municipality of Clarington, City Clerk's Office 40 Temperance Street Bewmanville, Ontario L1 C 3A6 Dear Sir or Madam: 9~/~~ ~~ ~ 1 1 2t~G8 Chris Barnett ~~" 0.16.365.3502 416.777.740 i cbarnett(~'davis.ca 66594-00002 pIISTRiO ~ t1E1aEWED BY OttlSiM111L1'Q ° anECrwM ° ta® :ILr eorrTa ° WYWI ° 0 ° ~~D ~! ° 5 ° SFWN~S ° o C~ ° n,.. a pp.. , p.-- a ,n (-s n) _~ ~...,,.,~ .n.w~'rop ° rRElslHlr arc. NUtiC2 6a A cap m Siian~ tv 55. c~ .7 and 51 Jy Vl tLe yC[`- Port Darlington Land Corporation Lots 5, 6, 7, 8, Broken Front Concession ° onEn CO(~~ ' c Municipality of Clarington, Former Town of Bowmanvil ~ _ _ r Municipal File Nos.: COPA 2002-006, S-C-2002-002 ~' `" We act on behalf of the Port Darlington Land Corporation, registered owner of the above noted property (the "Subject Property"). Our client submitted applications for a zoning by-law amendment and a plan of subdivision to the Municipality of Clarington (the "Municipality") in February, 2002. The Municipality requested an Official Plan amendment application on April 3, 2002, which was submitted by our client under protest on Apri129, 2002 (the "Applications"). Since that time, our client has provided the Municipality with the requested supporting documents, all of which demonstrate that the Applications represent good planning and are in the public interest. Despite our client's co-operation with requests from the Municipality to address staff and public concerns over the many years that the Municipality has been considering the Applications, the Municipality denied the Applications on November 10, 2008, for which notice was provided on November 25, 2008. The following serves as a Notice of Appeal for the reason that the Municipality has refused to amend the Official Plan as requested, as set out in ss. 22.7 of the Planning Act (Ontario) and has refused to adopt the plan of subdivision as requested, as set out in ss. 51(39) of the Planning Act (Ontario). A concurrent Notice of Appeal is also being filed with respect to the zoning by-law amendment application (Municipal File No. ZBA 2002-002). The Subject Property is located in the Region of Durham in the Municipality of Clarington (formerly the Town of Bowmanville), generally bounded by the Mearns Avenue Road allowance Davis uP, 1 First Canadian WWW.dBVIS.Ca TORONTO VANCOUVER P.O. Box 367, 100 Kin West, Toronto, ON Canada M6X 1E2 CALGARY EDMONTON WHITEHORSE YELLOWKNIFE TOKYO Page 2 of 3 and the Region of Durham water treatment plant to the west, with East Beach Road, residences and Lake Ontario to the south, the Canadian National Railway and hydro-electric corridor lands to the north, and Bennett Road abutting to the east. The Subject Property is approximately 40.405 ha. in size and is presently used for agricultural purposes. The Applications would permit 153 single detached and 220 semi-detached residential dwelling units, 116 townhause units, 210 apartment units, a public elementary school site at-rd a co,i~rnercial block site, along with parkland and open space uses. Currently, the Subject Property is within the "Living Area" and "Waterfront" designations in the Region of Dur1-iam Official Fian. It is within the Port Darlington Neighbourhood in the Municipality of Clarington Official Plan, being designated Urban Residential (with an Elementary School Symbol), Waterfront Greenway (with a District Pazk Symbol) and Environmental Protection area. The Subject Property is cun•ently zoned Agriculture (A) and Environmental Protection (EP). While our client notes that the Applications implement the Port Darlington Neighbourhood Secondary Plan, at the request of the Municipality, our client submitted an Offcial Plan amendment to relocate the District Park SyTnbol on Maps A and A3, adjust the road system on Maps A, A3, B, and B3, and amend the housing target numbers in Table 9-2. The Applications require an amendment to the zoning by-law in accordance with the proposed plan of subdivision. A Sta~utoiy Puuiic Meeting was held on April a", 2002 with respect io the zoning by-law and plan of subdivision. A second Statutory Public Meeting was held on September 9, 2002 with respect to the Official Plan amendment application. The current Applications implement the Secondary Plan vision for the area and represent good planning. Numerous studies have been undertaken supporting the Applications, both prior to submission in 2002 as well as since that time, being up until September of 2008, as requested by the Municipality: • Preliminary Overview, Environmental Impact Study (pre-Terms of Reference) (May 24, 2001) (Prepared by ESG International) • Phase i Environmental Siie Assessment (October 2001) (Prepared by Goldar Associates Ltd.) • Traffic Site Analysis (November 2001) (Prepared by RPG Transtech) Shoreline Hazard Limit drawing and cover letter, (November 30, 2CC1} (Prepared by G.M. Semas ~ Associates? • Conceptual Servicing Report (December 2001) (Prepared by G.M. Semas & Associates) Page 3 of 3 • Planning Rationale Letter (Anri129, 2002) (Prepared by Sernas Associates) • Noise and Vibration Impact Analysis (May 31, 2002) (Prepared by HGC Engineering) Please find enclosed a cheque for $250.00 for the Official Plan amendment application appeal and the plan. of subdivision zpplication appeal. Yours truly, AAVIS LLP Per: ¢m. ~` Chris g ett CMB/axa Encls. cc: Kelvin Whalen, The Kaitlin Group Bryce Jordan, Sernas Associates Attachment 3 '080EC10 PM 2: To Report PSD-020-09 LAY ! LLP LEGAL ADVISORS SINCE :852 FROM THE OFFICE OF Chris Barnett DIRECT LINE 416.365.3502 DIRECT FAX 41b.777.7407 E-MAIL cbarnett®davis.ca FILE NUMBER 66594-00002 December 9, 2008 DELIVERED BY COURIER Clerk Ontario Municipal Boazd 655 Bay Street, Suite 1500 Toronto, Ontario MSG lE5 Deaz Sir or Madam: DISTRIBUjT~.I /O~ N REYIEMfED BY ____ ice/ oalowiu To: / D ° cotmcn ^ rAUNCIL ° FItF DIRECTKIN It~ORMATKIN corrTO: ° PLVYOR O MEMBERS ° CAO aFCausclL ° CDMEfNMTY ° CORPgWTE ° EMEA6EMCY SERVKES SERVICES SERVOES ° ENGrIEEWIq O MtINCIPAI ° OPERAnONS sE>w~s ctERKs 77 e. iv,.a:......e . ____. _ ;~a PLi~iNllilu ° aviiciiilR u TF~ASURY i.vsuc va .xErpcau piiir3nant t0 SB. 34 (~l) OI the P[attnlltgACt Port Darlington Land Corporation sEs Lots 5, 6, 7, 8, Broken Front Concession ° °~R _ Municipality of Clarington, Former Town of Bewmanville MUI~ACLEIr('SEILE Z~A ~~ Municipal File No.: ZBA 2002-002 We act on behalf of the Port Dazlington Land Corporation, registered owner of the above noted property (the "Subject Property"). Our client submitted applications for a zoning by-law amendment and a plan of subdivision to the Municipality of Caarington (the "Municipality") in February, 2002. The Municipality requested an Official Plan amendment application on Apri13, 2002, which was submitted by our client under protest on Apri129, 2002 (the "Applications"). Since that time, our client has provided the Municipality with the requested supporting documents, all of which demonstrate that the Applications represent good planning and are in the public interest. Despite our client's co-operation with requests from the Municipality to address staff and public concerns over the many yeazs that the Municipality has been considering the Applications, the Municipality denied the Applications on November 10, 2008, for which notice was provided on November 25, 2008. The following serves as a Notice of Appeal for the reasor. that the Municipality has refused to amend the zoning by-law amendment as requested, as set out in ss. 34 (11) of the Planning Act (Ontario). A concurrent Notice of Appeal is also being filed with respect to the Official Plan amendment and plan of subdivision applications (.lvlunicipal Fite Nos. COPA 2002-006 and S-C-2002-002). The Su'oject Property is located in the Region of Durham in the Municipality. of Clarington (formerly the Town of Bowmanville), generally bounded by the Mearns Avenue Road allowance Davis ua, 1 First Canadi TORONTO VANCOUVER Suite 5600, P.O. Box 367, 100 King Street R~.4L CALGARY EDMONTON WHREH~ ON Canada M5X 1 E2 TOKYO Page 2 of 3 and the Region of Durham water treatment plant to the west, with East Beach Road, residences and Lake Ontario to the south, the Canadran National Railway and hydro-electric corridor lands to the north, and Bennett Road abutting to the east. The Subject Property is approximately 40.405 ha. in size and is presently used for agricultural purposes. The Applications would permit 153 single detached and 220 semi-detached residential dwelling units, 116 townhouse units, 210 apartment units, a public elementary school site and a commercial block site, along with pazkland and cpen space uses. Currently, the Subject Property is within the "Living Area" and "Waterfront" designations in the Region of Durham Ot~icial Plan. It is within the Port Dazlington Neighbourhood in the Municipality of Clarington Official Plan, being designated Urban Residential (wiL'n an Elementary School Symbol), Waterfront Greenway (with a District Park Symbol) and Environunental Protection azea. The Subject Property is currently zoned Agriculture (A) and Environmental Protection (EP). While our client notes that the Applications implement the Port Darlington Neighbourhood Secondary Plan; at the request of the Munieipali ;,, our client subu..tted an v ur:ial Pirul amendment w relocate the Districi Park Symbol on Maps A and A3, adjust the road system on Maps A, A3, B, and B3, and amend the housing tazget numbers in Table 9-2. The Applications will require an amendment to the zoning by-law in accordance with the proposed plan of subaivision. A Statutory Public Meeting was held on April 8, 2002 with respect to the zoning by-law and plan of subdivision. A second Statutory Public Meeting was held on September 9, 2002 with respect to the Official Plan amendment application. The current Applications implement the Secondary Plan vision for the azea and represent good planning. Numerous studies have been undertaken supporting the Applications, as requested by the Municipality: • Preliminary Overview, Environmental Impact Study (pre-Terms of Reference) (May 24, 2001) (Prepazed by ESG International) • Phase 1 Environmental Site Assessment (October 2001) (Prepazed by Goldaz Associates Ltd.) • Traffic Site Analysis (November 2001) (Prepared by RPG Transtech) • Shoreline Hazard Limit drawing and cover letter, (November 30, 2001) (Prepazed by G.M. Sernas & Associates) • Conceptual Servicing Report (December 2001) (Prepared by G.M. Sernas & Associates) • Planning Rationale Letter (Apri129, 2002) (Prepazed by Sernas Associates) Page 3 of 3 • Noise and Vibration Impact Analysis {May 31, 2002) (PreYared by HGC Erg::.eering) Please find enclosed the following: • A cheque for $125.00; • The zoning by-law amendment application appeal form; • The proposed amending by-law that we aze seeking to have Council enact; • The zoning by-law amendment application submitted to the Municipality of Clarington; • The Notice of the Statutory Public Meeting held with respect to the zoning application; • The Minutes of the Statutor^y Public Meeting held Wit11 respect to the zoning application; • The Municipality of Clarington staff report recommending that the Applications be denied; • The Decision of Council to deny the Applications; • A planning justification letter demonstrating conformity with the Official Plan; • An affidavit setting out the prescribed information; and • A map of the lands under appeal, being the Subject Property. Yours truly, DAVIS P Per: (iIi Chri U CMB/axa Encls. cc: ~% Clerk, the Municipality of Clarington Kelvin Whalen, The Kaitlin Group Bryce Jordan, Sernas Associates Davis:4118988.2