HomeMy WebLinkAboutPSD-052-10Clari~~gton
Leading the Way
REPORT
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: April 19, 2010 Resolution #: ~(~~ -o~'S~i-/b By-law #: NIA
Report #: PSD-052-10 File #:ZBA 2009-0009
Subject: APPEAL OF ZONING BY-LAW AMENDMENT
APPLICANT: GREEN MARTIN HOLDINGS LTD.
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-052-10 be received; and
2. THAT all interested parties listed in Report PSD-052-10 and any delegations be advised
of Council's decision.
Submitted by: Reviewed by:
e ang aid, SLA, MCIP
ti g Director o Tanning Services
FUdf
12 April 2010
C~ ~4 - ems.,
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-052-10 PAGE 2
1.0 APPLICATION DETAILS
1.1, Applicant/Owner: Green Martin Holdings Ltd..
1.2 Proposal: To rezone the subject lands from "Agricultural (A)" to "Holding -
Urban Residential Exception ((H) R2-73) Zone" to permit the
development of two (2) single detached lots fronting onto Boswell
Drive
1.3 Area: 0.138 ha
1.4 Location: Part Lot 17, Concession 1, Former Town of Bowmanville
(Attachment 1)
2.0 BACKGROUND
2.1 On June 12, 2009, an application submitted by Green Martin Holdings Ltd. for the
development of two (2) single detached lots fronting onto Boswell Drive was deemed
complete. The subject lands, being Block 98 in Plan 40M-1904 registered December
1997, had originally been set aside to be developed in conjunction with abutting lands
to the west, outside of the Bowmanville urban boundary.
2.2 A decision was made on March 22, 2010 by Clarington Council to deny the Zoning By-
law Amendment application. Council, in their decision, found the proposal to be an
inappropriate development. A copy of Council's resolution in its entirely is contained in
Attachment 2.
2.3 The applicant subsequently appealed the decision of Council on the proposed Zoning
By-law Amendment to the Ontario Municipal Board (OMB). A copy of the applicant's
appeal letter is contained in Attachment 3.
2.4 Municipal staff produced a report recommending approval of the Zoning By-law
Amendment for Green Martin Holdings Ltd. As such, in addition to retaining a solicitor
to represent the Municipality, Council will need to retain appropriate consultants to
defend the decision. The CAO will present a separate, confidential report to Council
on this matter. There were no other appeals made of the application from outside
parties.
2.5 At this time, a date for an OMB hearing has not been set and the applicant has
indicated that they do not believe the matter would benefit from aPre-Hearing
conference.
Staff Contact: Faye Langmaid
REPORT NO.: PSD-052-10
Attachments:
Attachment 1 -Key Map
Attachment 2 -Decision of Clarington Council
Attachment 3 -Appeal of Zoning By-law Amendment Letter
List of interested parties to be advised of Council's decision:
Kelvin Whalen
Kenneth and Marilyn Bromley
Tina Leblanc
Stewart Bennett and Penny Roote
Tim MacDonald and Elizabeth Higgins
Tracey Smith
Stephen Hogan
Brendan and Melissa Esler
PAGE 3
Attachment 1
To Report PSD-052-10
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Attachment 2
To Report PSD-052-10
Council Meeting Minutes - 24 - March 22, 2010
THAT a grant in the amount of $2,500 be approved for the Tyrone Hall Board.
"CARRIED"
Item 42
Resolution #C-128-10
Moved by Councillor Novak, seconded by Councillor Hooper
WHEREAS the Clarington Council has duly considered the applications submitted by
Green Martin Holdings Ltd to amend the Comprehensive Zoning By-law 84-63;
WHEREAS the General Purpose and Administration Committee made a
recommendation to Council to "deny" the application;
WHEREAS Council has concerns with the proposal as the physical massing of the
buildings is out of character with the surrounding neighbourhood;
WHEREAS Council has concerns that on-street parking at this location could be a
safety concern;
WHEREAS, despite the efforts of Green Martin Holding Ltd to address concerns of the
immediate adjacent residents, Council has concerns with respect to the information
that was provided to residents on the future use of these lands;
WHEREAS Council has concerns that the developer or their agent made
representations to purchasers that may not have provided an accurate portrayal of the
future use of the lands;
WHEREAS after duly weighing the materials provided by Green Martin Holding Ltd.,
the concerns of the neighbouring residents regarding on-street parking and the
building massing, Clarington Council has determined that the approval of the Green
Martin Holding Ltd application is not in the public interest;
THEREFORE BE IT RESOLVED
THAT Report PSD-027-10 be received;
THAT the application to amend Zoning Bylaw 84-63 submitted by Green Martin
Holding Ltd (File ZBA 2009-0009) be refused; and
THAT the Region of Durham, the applicant and all interested parties listed in Report
PSD-027-10 and any delegation be advised. of Council's decision.
"CARRIED"
'it?APR07 Pn12~49L18
Attachment 3
To Report PSD-052-10
DAYIS LEGAL ADVISORS
SINCE 1892
LLP
Apri16, 2010
DELIVERED BY COURIER
FROM THE OFFICE OF Alexis Alyea
DIRECT LINE 416.369.5262
DIRECT FAX 416.369.5205
E-MAIL aalyea@davis.ca
FILE NUMBER 66x94-oa osDISTRIBUTION
REVIEWED BY
ancbu[ro:
Municipal Clerk
Municipality of Clarington, Municipal Clerk's Office
40 Temperance Street
Bowmanville, Ontario
L1C 3A6
Dear Sir or Madam:
o couNCIL o couxcn o PILF
olRECrIaL ulroaMATlox
eovr To.
O MAYOR O O CAG
~L
o caaLlwlTr o L'GRPOMTE o EMEIriENCY
SER4IGEG SERW~S sEAVICFs
D EMf#EERIIAi O WNC~AL ^ OPERATIONS
ES CIEPoCS
PLANNING O SOLK:R'011 O TREASINiN
SERYN:ES ',.
O OTNEN
Re: Notice of Appeal pursuant to ss. 34(11) of the Planning Act (~P1it~-
Green Martin Holdings Ltd. ~i4~-~
Black 98, Registered Plan 40M-1904, Part Lot 17, Concession 1, fm•mer Township
of Darlington
Municipality of Clarington
Municipal File No.: ZBA 2009-0009
aOOR-o009 I
We act on behalf of Green Martin holdings Ltd., owner of the above noted property in the.
Municipality of Clarington, Region of Durham (the "Subject Property"). In May, 2009, our
client submitted an application for a zoning by-law amendment to the Municipality of Clarington
which was deemed to be complete on June 12, 2009 (the "Application").
Despite a recommendation from municipal planning staff to approve the Application, council for
the Municipality of Clarington refused to adopt the Application on March 22, 2010. The
following serves as a Notice of Appeal for the reason that the Municipality of Clarington has
refused to adopt the zoning by-law amendment, as set out in ss. 34(11) of the Planning Act
(Ontario).
The Subject Property is a wedge shaped parcel, approximately 0.138 ha. in size, and is a vacant
remnant block resulting from the required alignment of a collector road (Boswell Drive). The
Subject Property is bounded by Boswell Drive to the east, an existing block of townhouse units
fronting onto Shady Lane Crescent to the south, and the western edge of the urban boundary for
Bowmanville to the west. There are residential uses to the north, south and east, and an active
agricultural strawberry and produce operation to the west. The Application would permit the
development of two (2) residential infill lots.
Davis LLP, 1 First Canadian Place, Suite 5600, P.O. Rox 367, 100 King Street West, Toronto, ON Canada MSX
TORONTO VANCOUVER MONTREAL CALGARY EDMONTON WHITEHORSE YELLOWKNIFE TOKYO
Page 2 of 3
The Subject Property is designated as ``Living Area" in the Durham Region Official Plan. The
Subject Property is designated "Urban Residential" in the Clazington Official Plan. The creation
of infill lots as contemplated by the Application is in conformity with the Growth Plan, the
Regional Official Plan and the Clarington Official Plan, and is consistent with'the Provincial
Policy Statement. The Subject Property is zoned "Agricultural (A)" in Zoning By-law 84-63, and
a zoning by-law amendment is required to permit the development of the two infill lots. A
consent from the Region to sever the lands will be necessary in the future to effect the
development of the Subject Property. An application for such is contemplated once the proposed
rezoning is obtained.
The Subject Property was registered as a future development block, being Block 98, and is
subject to the subdivision agreement for plan of subdivision 18T-88047. The block was created
as part of a residential development in the late 1990s. At that time, it was thought that the block
would be more efficiently developed in the future by combining it with the abutting agricultural
lands located outside Bowmanville's western urban boundary to the west. The Greenbelt Plan
now shazes the same boundary, and the Growth Plan conformity exercise recently undertaken by
the Region of Durham suggests that the urban boundary will not be expanding west of the
Subject Property until afler at least 2031. As such, it is no longer contemplated that the Subject
Property will be developed for residential uses in conjunction with the abutting agricultural
lands, and instead the two infill lots are proposed by the Application.
The statutory public meeting for the Application was held on September 14, 2009. In response to
concerns of staff and the public, the applicant has diligently met with engineering staff and
representatives from Bell to ensure the excavation for service connections and the location of the
two driveways are appropriate. The applicant also attended an Open House held on October 27,
2009, at which the applicant proposed setbacks to minimize any impacts on adjacent residents.
These have been incorporated into the proposed zoning by-law amendment.
The Application is in keeping. with all applicable land use policies and the subdivision
agreement. Staff have recommended approval of the Application as an appropriate use of
underutilized, fully serviced land. The Application represents good planning, efficient use of
public infrastructure and an appropriate infill development. A planning analysis by Sernas
Associates has been submitted to Clazington in support of the Application.
Please find enclosed a cheque for $125.00 for. the Zoning by-law amendment application appeal,
as well as Appellant Form (Al).
Page 3 of 3
Yours truly,
DAMS [,Le
Per:
Alexis a
AXNaxa
Encls.
cc: Kelvin Whalen, The Kaitlin Group
Bryce Jordan, Semas Associates
~avis:6595429.1
~ Ontario Municipal Board APPELLANT FORM (A1)
Commission des affaires municipales de ('Ontario
655 Bay Street, Suite 1500 Toronto, Ontario M5G 1 E5 PLANNING ACT -Bill 51
TEL: (416) 326-6800 or Toll Free: 1-866-887-8820
FAX: (416) 326-5370
oa~i~ www.omb.aov.on.ca (SUBMIT TO MUNICIPALITY/APPROVAL AUTHORITY)'
Instructions:
• Complete one form for each type of appeal you are filing.
A filing. fee of $125 is required for each type of appeal you are filing. To view the
Fee Schedule,. visit the Board's: webaite.
• The filing.. fee must be paid by certified cheque or money order, in Canadian funds,:
payable#o the Minister of Finance.
• Do not send cash:
• Submit your completed appeal form(s) and filing fee(s) to either the Approval
Authority or Municipality,. as applicable,. by the required filing deadline. The
Approval' AuthoritylMuniclpality will forWa~d your appeal(s) and fee(s) to the
Ontario Municipal Board.
`• Please print clearly throughout the appeal form.
• The PlanningActand the Ontario Municipal Board Act are available at
www:omb.gov.on.ca:
Receipt Number (OM8 O>rce Use On1yJ:
Date Stamp-. Appeal Received by Municipality
Part 1: Appeal Type (Please check only one box)
SUBJECT OF APPEAL TYPE OF APPEAL PLANNlNGACT
' REFERENCE
(SECTION)
~
Minor Variance A eal a decision 45 12
r
A eal a decision or conditions im osed 53 19
r
Consent A eal conditions im osed 53 27
Failed to make a decision on the a lication within 90 da s 53 14
r
A eal the assin of a Zonin B -law 34 19
Application for an amendment to the Zoning By-law -failed to
Zoning By-law/Amendments make a decision on the a lication within 120 da s 34(11)
^ Application for an amendment to the Zoning By-law -refused by the
munici ali
~
Interim Control B -law A eal the assin of an Interim Control B -law 38 4
r
A eal a decision 17 24 or 17 36
Failed to make a decision on the a lication within 180 da s 17 40
Official Plan or
r
Official Plan Amendment Application for an amendment to the Official Plan -refused by the 22(7)
munici ali
r
Application for an amendment to the Official Plan -failed to make a 22(7)
decision on the a lication within 180 da s
r
A eal a decision 51 39
(
Subdivision A eal conditions im osed 51 43 or 51 48
r;
Failed to make a decision on the a lication within 180 da s 51 34
A7 (Bill 51) Rev. 2 310 112 0 0 7 Page 1 of 5
Block 98 Registered Plan 40M-1904 Part Lot 17 Concession 1, former Township of Darlington, Municipality of
Clarington
Address and/or Legal Description of property subject to the appeal:
Municipality: Clarington
...•
First Name: Kelvin Last Name: Whalen
Green Martin Holdings Ltd.
Company Name or Association Name (Association must be incorporated -include copy of letter of incorporation)
Professional Title (if applicable): Vice-President. Land Development, The Kaitlin Group
E-mail Address: kiwhalenCnikaitlingrouo.com
By providing an e-mail adtlrecs you agree to receive communications from the OMB by a-mail.
Daytime Telephone
Telephone #:
Fax
Mailing Address: 1029 McNicoll Ave Toronto
Street Address ApUSuite/Unit# City/Town
ON M1W 3W6
Province Country (if not Canada) Postal Code
Signature of Appellant:
Please note:. You must notify the Ontario Municipal Board of any change of address or telephone number in writing. Please
quote your OMB Reference Number(s) after they have been assigned
I Personal information requested on this form is collected under the provisions of the Planning Act, R.S.O. 1990, c. P. 13, as amended,
and the Ontario Municipal Board Act, R.S.O. 1990, c. O. 28 as amended. After an appeal is filed, all information relating to this appeal
may become available to the public.
Part 4: Representative Information (if applicable)
hereby authorize the named company andlor individual(s) to represent me:
First Name: Alexis Last Name: Alvea
Company Name: Davis LLP
Professional Title: Associate
E-mail Address: aalveaCi?a davis.ca
By providing an email address you agree to receive communications from the OMB by e-mail
Daytime Telephone #: 416.369.5262 Alternate Telephone #:
Fax #: 416.369.5205
Mailing Address: 1 First Canadian Place 100 Kina Street West. Suite 5600 Toronto
Street Address ApUSuite/Unit# CitylTown
Country (if not Canada) Postal
Signature of Appellant:
(continued on next page...)
Al (ails 51 J Rev. 23/01!2007 ~~ V Page 2 of 5
Please note: 1f you are representing the appellant and are NOT a solicitor, please con/irm that you have written authorization, as
required by the Board's Rules of Practice and Procedure, to act on behalf of the appellant. Please confirm this by checking the box
below.
r I certify that I have written authorization from the appellant to act as a representative with respect to this appeal on his or her
behalf and I understand that I may be asked to produce this authorization at any time.
t. Provide specific information about what you are appealing. For example: Municipal File Number(s), By-law
Number(s), Official Plan Number(s) or Subdivision Number(s):
Municipal file no. ZBA 2009-0009
2. Outline the nature of your appeal and the reasons for your appeal. Be specific and provide land-use planning reasons
(for example: the specific provisions, sections and/or policies of the Official Plan or By-law which are the subject of
your appeal - if applicable). **If more space is required please continue in Part 8 or attach a separate page.
Please see the attached letter.
**The following sections (a86) apply onfv to appeals of Zoning Sy-law Amendments under Section 34(11) of the
Planning Act.
a) DATE APPLICATION SUBMITTED TO MUNICIPALITY: MAY 2009
(If application submitted on or after January 1, 2007 please use the OMB f `Bit! 51' form.)
b) Provide a brief explanatory note regarding the proposal, which includes the existing zoning category, desired zoning
category, the purpose of the desired zoning by-law change, and a description of the lands under appeal:
*'If more space is required please continue in Part 8 or attach a separate page.
Please see the attached letter.
Al (Bill 51) Rev. 23!01/2007 Page 3 of 5
Are there other appeals not yet filed with the Municipality?
YES r NO ^
Are there other planning matters related to this appeal? YES r NO ^
If yes, please provide OMB Reference Number(s) and/or Municipal File Number(s) in the box below:
(Please Print)
Part 7: Scheduling Information
How many days do you estimate are needed for hearing this appeal? r half day ^ 1 day ~ 2 days C 3 days
r 4 days ~ 1 week r More than 1 week -please specify number of days:
How many witnesses do you expect to have at the hearing? 1-2
Describe witness(es)' area of expertise: Plannino, enaineerina
Do you believe this matter would benefit from mediation? YES r NO
Do you believe this matter would benefit from a Prehearing Conference? YES ~ NO ~'
If yes, why?.
see the attached letter.
Al (Bill 51) Rev. 23101/2007 Page 4 of 5
f
Total Fee Submitted: $ 125.00
Payment Method: ^ Certified cheque' C Money Order
• The payment must be in Canadian funds, payable to the Minister of Finance.
• Do not send cash.
'Or Solicitor's general or trust account cheque.
Al (Bill 51) Rev. 23/01/2007
Page 5 of 5