The URL can be used to link to this page

Home My WebLink AboutPSD-056-05 Addendum Unfinished Business CJJJl-!lJglon REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Tuesday, September 6, 2005 Report #: Addendum to PSD-056-05 File#: By-law #: SUBJECT: GREENBELT ACT AND GREENBELT PLAN - STATUS OF APPLICATIONS RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT this Addendum to Report PSD-056-05 be received for information; and 2. THAT all interested parties listed in this report, the Region of Durham, and any delegations be advised of Council's decision. Submitted by: D id . Crome, M.C.I.P., R.P.P. Director of Planning Services ~ Reviewed by: 00,' ~ n IinWu, f/ Chief Administrative Officer HB*DJC*sh*lb August 29, 2005 CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET, BOW MANVillE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 Addendum to PSD-056-05 Page 2 1.0 PURPOSE 1.1 As reported to Council on April 25, 2005 there were six development proposals that were impacted by the Greenbelt legislation. The purpose of this report is to provide an update on the status of these applications. 2.0 THE GREENBELT PROTECTION ACT, 2004 (BILL 27) AND THE GREENBELT ACT, 2005 (BILL 135) 2.1 The Greenbelt Protection Act, 2004 received first reading on December 16, 2003. Although it received Royal Assent and came into law on June 24, 2004, the Act was deemed to have come into effect on December 16, 2003 and would be repealed on December 16, 2004. Among other things, the effect of this Act was to: ? established a greenbelt study area which included the Region of Durham; ? prohibit municipalities from enacting a zoning by-law, adopting an official plan amendment or approve a plan of subdivision on lands located outside an urban settlement area between December 16, 2003 and December 16, 2004; ? prohibit municipalities from receiving applications for official plan amendments, zoning by-law amendments or plan of subdivision on lands outside of an urban settlement area between December 16, 2003 and December 16, 2004 ? prohibit any person from making an application to amend a zoning by-law or official plan, or for a plan of subdivision on lands outside an urban settlement area (subsection 5 (1)); and ? deem any application made on or after December 16, 2003, but before the Act received Royal Assent (June 24, 2004), as of no effect (subsection 5 (3)). 2.2 The Greenbelt Act, 2005 allows Provincial Cabinet to designate a Greenbelt Area and establish a Greenbelt Plan. This Act establishes that the Greenbelt Plan shall be deemed to have come into force on December 16, 2004. Subsection 34 (7) of the Act states that those applications submitted prior to December 16, 2004 are not required to conform to the policies of the Greenbelt Plan. STATUS OF APPLICATIONS 3.0 3.1 Tables 1 and 2 provide a summary of those development proposals impacted by the Greenbelt legislation. Table 1, contained in Attachment 1, identifies the four development proposals that were received prior to December 16, 2003, being the effective date of the Greenbelt Protection Act (Bill 27). Three of these proposals are on lands located within the Greenbelt Plan Area. The Planning Act applications for these proposals are grandfathered by the Greenbelt Act (Bill 135) enabling review to proceed. The other proposal is on lands not within the Greenbelt Plan Area and planning review can also proceed on these applications. Addendum to PSD-056-05 Page 3 3.2 Table 2 (Attachment 2) identifies the two development proposals for which applications were received after December 16, 2003 and before June 23, 2004. The proposal by Miller Waste is on lands located outside the Greenbelt Plan Area. However, since Bill 27 deemed this application to be of “no effect”, the applicant re-filed this application. The other development proposal by Nash Road Developments Inc. is for lands within the Greenbelt Plan Area. Details regarding this application and applicability of the Greenbelt legislation is provided in the following sections. 3.3 Nash Road Developments Inc. 3.3.1 On December 23, 2003, an application to amend the Clarington Official Plan (COPA 2003-015) and an application to amend the Hancock Neighbourhood Plan (PLN 31.5.2.1) were submitted on behalf of Nash Road Development Inc. The purpose of these applications is to expand the Courtice Urban Boundary and the limits of the Hancock Neighbourhood to include 41.6 ha of land located east of Hancock Road hence enabling future urban residential development of these lands. 3.3.2 Clarington advised the applicant that the Minister of Municipal Affairs and Housing, introduced Bill 27, the Greenbelt Protection Act, and filed Ontario Regulation 432/03, being the related Minster’s Zoning Order on December 16, 2003, and that this Act and Regulation prohibit Municipalities from accepting development applications on lands beyond the limit of urban settlement areas. However, since Bill 27 had only received first reading and was not in force, Clarington did advise that the applications would be circulated for agency comments but that the statutory Public Meeting under the Planning Act would not be held at that time. 3.3.3 Shortly after passage of the Greenbelt Act, Clarington requested the Province to advise whether COPA 2003-015 and PLN 31.5.2.1 are valid applications. In June 2005 the Province advised that as this is a legal issue, Clarington should seek the advice of our legal counsel. The Municipality’s solicitor has advised that under the Greenbelt Protection Act, 2004, applications for Official Plan Amendments for lands located beyond an urban settlement area which had been submitted to the Municipality between December 16, 2003 and June 24, 2004 were deemed to have no effect and therefore, were void in law. Such applications were not revived to become valid under the Greenbelt Act, 2005. COPA 2003-015 remains invalid. Since the application to amend the Neighbourhood Plan (PLN 31.5.2.1) was dependent on the Official Plan Amendment being approved, it cannot be processed. Accordingly, the applicant was notified on August 23, 2005 that the files (COPA 2003-015 and PLN 31.5.2.1) have been closed. 4.0 CONCLUSION 4.1 Of the six development proposals impacted by the Provincial Greenbelt Legislation, three are proceeding in accordance with the transitional policies, two are no longer Addendum to PSD-056-05 Page 4 affected as the lands are not within the Greenbelt Plan Area, and the applications for one development proposal have been closed. Attachments: Attachment 1 – Development applications received prior to December 16, 2003 and impacted by the Greenbelt Protection Act and Greenbelt Act Attachment 2 Development applications received between December 16, 2003 and June 24, 2004 and impacted by the Greenbelt Protection Act and Greenbelt Act TABLE 1 DEVELOPMENT APPLICATIONS RECEIVED PRIOR TO DECEMBER 16, 2003 AND IMPACTED BY THE GREENBELT PROTECTION ACT AND GREENBELT ACT Application No. and Purpose of LocationComments ApplicantApplication COPA 2003-009 Minor rounding out of Part of Lot 15 Applicant was advised on April 14, 2005 that these ZBA 2003-036 Mike hamlet of Hampton to Concession 5 former applications are not subject to the policies of the Greenbelt Riciuto et al create 8 new residential Township of Darlington Plan and that the application can proceed under existing lots (Ormiston Road) Official Plan and Zoning By-law provisions. Waiting for the applicant to address issues identified by Clarington, CLOCA and Region of Durham. 1559306 Ontario To permit a driving Part of Lot 20 Applicant was advised on July 4, 2005 that these Limited range, mini-putt, club concession 5 applications are not subject to the policies of the Greenbelt Burt Beckell/Morrison house and accessory (Darlington) Plan and that the application can proceed under existing COPA 2003-004 uses. NE Corner of Holt and Official Plan and Zoning By-law provisions, including the ZBA 2003-016 Taunton Roads. preparation of an EIS. Dev 94-061 To zone a 9 hole golf Part of Lot 3 Applicant was advised that this application is not subject to Stonehenge Golf course Concession 4 former the policies of the Greenbelt Plan and that the application Course (Crooked Township of Darlington can proceed under existing Official Plan and Zoning By-law Creek) provisions. Applicant is proceeding to satisfy conditions of approval. COPA 2003-012 To expand the urban Part of Lots 1,2,3, BFC, Lands are not within the Greenbelt Plan Area. Application Ridge Pine Park Inc. area to permit former Township of is subject to Durham Region Official Plan Review residential and Darlington commercial development TABLE 2 DEVELOPMENT APPLICATIONS RECEIVED BETWEEN DECEMBER 16, 2003 AND JUNE 24, 2004 IMPACTED BY THE GREENBELT PROTECTION ACT AND GREENBELT ACT Application No. and Purpose of LocationComments ApplicantApplication COPA 2004-015 Expansion of Courtice Part of Lot 26 Applications are of no effect and files closed. PLN 31.5.2.1 Urban Area to permit Concession 3 former Nash Road residential development Township of Darlington Applicant advised. Developments Inc. (Hancock Road) ZBA 2003-055 Permit an outdoor Part of Lot 27 The lands are not within the Greenbelt Plan Area. The Miller Waste Durham composting facility. Concession 1 former applicant re-filed an application on April 8, 2005 as the Inc. Township of Darlington original application (ZBA 2003-055) submitted on x-ref COPA 2005-003 1848 Baseline Road December 23, 2003 is of no effect. & ZBA 2005-027 (COPA 2005-003 & ZBA 2005-027)