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HomeMy WebLinkAboutBy-law 7966/22 (OLT-22-002250) The Corporation of the City of Pickering By-law No. 7966/22 OLT Order No. OLT-22-002250 (Formerly PL171210) August 26, 2022 Being a By-law to amend Restricted Area Zoning By-law 3037, as amended by By-law 6640/06, to implement the Official Plan of the City of Pickering, Region of Durham, in Part of Lots 17 and 18, Concession 9, Lots 32,47 and 48 and Part of Lot 31, Plan 12 (A 09/90(R) and A 17/90(R)) Whereas the Council of The Corporation of the City of Pickering received an application to rezone the subject lands being Part of Lots 17 and 18, Concession 9, Lots 32, 47 and 48 and Part of Lot 31, in the City of Pickering to permit a residential subdivision consisting of 71 detached dwellings, public roads, stormwater management facilities, a public park, and open space lands; And whereas an amendment to Zoning By-law 3037, as amended, is therefore deemed necessary; Now therefore by Order, the Ontario Land Tribunal amends By-law 3037 as follows: 1. Schedule I Schedule I attached hereto with notations and references shown thereon is hereby declared to be part of this By-law. 2. Area Restricted The provisions of this By-law shall apply to those lands in Part of Lots 17 & 18, Concession 9, Lots 32,47 & 48 and Part of Lot 31, in the City of Pickering, designated “ORM-R5”, “ORM-R6-7”, “ORM-R6-8”, “ORM-R6-9”, “ORM-EP”, “ORM-OS” and “ORM-R” on Schedule I. 3. Text Amendments 1. Section 8.6.3 is hereby amended by adding the following new subsections following subsection 8.6.3.6, as follows: 8.6.3.7 – ORM-R6-7 a) Section 5.20 Yard Requirements with Respect to Certain Streets, shall not apply to lands zoned “ORM-R6-7”; b) Despite Section 5.7, fences shall be permitted within the front yard of lands zoned “ORM-R6-7”; and By-law No. 7966/22 Page 2 c) Notwithstanding Section 5.40 Minimum Distance Separation shall not apply to lands zoned “ORM-R6-7”. 8.6.3.8 – ORM-R6-8 a) Notwithstanding Section 5.10, a front yard for lands zoned “ORM-R6- 8” shall not be required from Brock Road; b) Section 5.20 Yard Requirements with Respect to Certain Streets, shall not apply to lands zoned “ORM-R6-8”; c) Despite Section 5.7, fences shall be permitted within the front yard of lands zoned “ORM-R6-8”; and d) Notwithstanding Section 5.40 Minimum Distance Separation shall not apply to lands zoned “ORM-R6-8”. 8.6.3.9 – ORM-R6-9 a) Despite Section 8.6.2 (i), a minimum lot area of 0.27 of a hectare shall be provided for lands zoned “ORM-R6-9”; b) Despite Section 5.7, fences shall be permitted within the front yard of lands zoned “ORM-R6-9”; and c) Notwithstanding Section 5.40 Minimum Distance Separation shall not apply to lands zoned “ORM-R6-9”. Section 14 is hereby amended by adding the following subsections following subsection 14.4, as follows: 14.5 ORM-OS No person shall within Oak Ridges Moraine Open Space (ORM-OS) Zone, use any land or erect alter of use any building or structure except in accordance with the following: 14.5.1 Permitted Uses i) Stormwater Management Pond ii) Emergency Vehicle Access 14.5.2 Regulations for Permitted Uses i) Minimum Lot Area Nil ii) Minimum Lot Frontage Nil iii) Minimum Yard Requirements Nil 2. By-law No. 7966/22 Page 3 4. By-law 3037 By-law 3037, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 3037, as amended. 5. Effective Date This By-law shall come into force in accordance with the provisions of the Planning Act. Note: Oral decision of the Ontario Land Tribunal delivered by Blair S. Taylor on August 23, 2022. Written Decision issued August 26, 2022. n St r e e t il F r a n k ORM-R6-9 ORM-R5 n R - OR M - R 6 - 7 OR M - O S Br o c k Ro a d OR M - R 6 - 8 To m T h ne 16 o m s o n C il o Si d e urt OR M - R 6 - 9 xs o n St r e e t Br o c k Ro a d am St r e e t iW Do w St r e e t il l i W N ORM-EP Fra klin St re et O M R6-9 ORM-R6-7 ORM-R5 ORM-OS ORM-EP ORM-R6-7 ORM-R6-7 ORM-R6-7 ORM-R5 ORM-R Lane Street Schedule I to By-Law 7966/22 Approved by the Ontario Land Tribunal Oral Decision Delivered August 23, 2022 Written Decision Issued August 26, 2022 OLT Written Decision pertaining to By-law No. 7966/22 Ontario Land Tribunal Tribunal ontarien de l’aménagement du territoire ISSUE DATE: August 26, 2022 CASE NO(S).: OLT-22-002250 (Formerly PL171210) PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended. Applicant/Appellant: Claremont Development Corporation Application to amend the Zoning By-law – Subject: Refusal or neglect to make a decision ZBA/DPS for Claremont Dev. Corp. Phase 1 Description: Residential Reference Number: A9/90 Property Address: 5113 Old Brock Road (5113 Old Brock Road) Municipality/UT: Pickering/Durham OLT Case No.: OLT-22-002250 Legacy Case No.: PL171210 OLT Lead Case No.: OLT-22-002250 Legacy Lead Case No.: PL171210 OLT Case Name: Claremont Development Corporation v. Pickering (City) PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended. Applicant and Appellant: Claremont Development Corporation Application to amend the Zoning By-law – Subject: Refusal or neglect to make a decision ZBA/DPS for Claremont Dev. Corp. Phase 1 Description: Residential Reference Number: A 17/90 Property Address: 5113 Old Brock Road (5113 Old Brock Road) Municipality/UT: Pickering/Durham OLT Case No.: OLT-22-002253 Legacy Case No.: PL171211 OLT Lead Case No.: OLT-22-002250 Legacy Lead Case No.: PL171210 2 OLT-22-002250 PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P. 13, as amended. Subject: Reference Number: Property Address: Municipality/UT: OLT Case No: Legacy Case No: OLT Lead Case No: Legacy Lead Case No: OLT Case Name: Heard: APPEARANCES: Parties Counsel/Representative* Claremont Development Corporation M. Flowers/ A. Lusty (“Applicant”) The Regional Municipality of Durham R. Woon (“Region”) The Corporation of the City of M. Joblin Pickering (“City”) The Toronto and Region Conservation S. Heuchert* Authority (“TRCA”) Andre Kern Did not appear Proposed Plan of Subdivision – Failure of Approval Authority to make a decision 18T-90016 5113 Old Brock Road (5113 Old Brock Road) Pickering/Durham OLT-22-002254 PL171212 OLT-22-002250 PL171210 Claremont Development Corporation v. Pickering (City) August 23, 2022 by Video Hearing MEMORANDUM OF ORAL DECISION DELIVERED BY BLAIR S. TAYLOR ON AUGUST 23, 2022, AND ORDER OF THE TRIBUNAL INTRODUCTION [1] In or about 1990, the Applicant had made a development application for the 3 OLT-22-002250 lands known municipally as 5113 Old Brock Road (“Subject Lands”) in the Hamlet of Claremont seeking to rezone the Subject Lands and have a draft plan of subdivision approved. No decision was made on the development proposal. [2] In or about 2018 revised applications were submitted as revisions to what had been earlier filed. This led to a series of appeals, including the Local Planning Appeal Tribunal (“LPAT”, the Tribunal’s predecessor), the Divisional Court, appeal to the Ontario Court of Appeal refused, that focused inter alia on the Clergy Principle. [3] The LPAT decision, upheld by the Divisional Court, was that the Clergy Principle applied and that the applicable municipal land use planning instruments were the Region of Durham Official Plan (June 5, 1991) and the Claremont Development Plan, 1991 (Edition 3). [4] Additionally the Transitional Rules of the Places to Grow Act, 2005 O. Reg 311/06 provide that it did not apply to this development application. [5] The matter was set down for a 14 day hearing on the merits to commence on August 22, 2022. [6] In the lead up to the hearing, the Applicant, the Region, the City, the TRCA, and Mr. Andre all participated in private mediation that led to Minutes of Settlement found in Exhibit 2 Tab 2. [7] One party, David Masters, did not participate in the mediation. [8] However by letter dated July 27, 2022, counsel for Mr. Masters gave notice of his withdrawal as a party (Exhibit 1). [9] Thus the matter came before the Tribunal as a settlement proposal. [10] The Tribunal had before it the Applicant’s Document Book (Exhibit 2) which 4 OLT-22-002250 contained the land use planning joint affidavit of Don Given and Matthew Cory in support of the proposed settlement, and the Minutes of Settlement, and appended to the Minutes of Settlement were the draft Zoning By-law Amendment (“ZBA”), the draft plan of subdivision (“Draft Plan”), and the draft conditions of draft plan approval (“Draft Plan Conditions”). [11] The Tribunal heard the oral evidence of Matthew Cory, the submissions of counsel, and for the reasons set out below allowed the appeals in part. DECISION [12] The Subject Lands are located within the Hamlet of Claremont, are about 38 hectares in area and the existing land use is primarily agricultural. [13] To the north of the Subject Lands is a wooded area, residential uses and a railway. To the south are commercial and residential uses. To the east is Brock Road and agricultural lands, and to the west are commercial and residential uses. [14] The settlement proposal arising from the Minutes of Settlement would result in the development of 33.86 hectares of the Subject Lands within the Hamlet of Claremont consisting of 71 lots, four new roads, two stormwater management ponds, and a 1.70 hectare park. [15] At the hearing, the letter of withdrawal from party status by counsel for David Masters was entered as Exhibit 1. [16] Exhibit 2 contained the affidavit evidence of land use planners Don Given and Matthew Cory (Tab 1), and the Minutes of Settlement executed by the above noted parties (except David Masters) (Tab 2) and attached to the Minutes of Settlement with the revised draft ZBA, Draft Plan, and Draft Plan Conditions (Tab 2 Schedules A, B, and C). 5 OLT-22-002250 [17] Entered as Exhibit 3 was an updated Participant Statement from John Hickman. [18] The Tribunal heard the uncontroverted and uncontested expert land use planning evidence of Mr. Cory in which he confirmed that the settlement proposal as found in the Minutes of Settlement: a. Had appropriate regard for all the matters of Provincial Interest in s. 2 of the Planning Act (“PA”); b. Was consistent with the Provincial Policy Statement (“PPS”); c. Conformed with the Oak Ridges Moraine Conservation Plan; d. That the Growth Plan did not apply because of the Transitional Rules in O. Reg 311/06; e. Conformed to the Regional Official Plan (June 5, 1991); f. Conformed to the Claremont Development Plan, 1991 (Edition 3); g. That the Draft Plan satisfied all the criteria of s. 51(24) of the PA; h. That the Draft Plan Conditions were reasonable and appropriate; i. That the development represented good land use planning; j. And that the development was in the public interest. [19] The Tribunal heard the submissions of counsel for the parties and from the representative of the TRCA, all in support of the settlement proposal. [20] The Tribunal considered the decisions of the Regional Council, and City Council as reflected in the Minutes of Settlement, considered the updated Participant Statement 6 OLT-22-002250 of John Hickman (Exhibit 3), and both the affidavit planning evidence and the oral evidence of Mr. Cory. [21] The Tribunal found that the proposed development had been extensively studied, that the proposed development was within the Hamlet and would complete the Hamlet, would contribute to the vitality of the Hamlet and the additional growth would encourage the existing businesses in the Hamlet, all while not adversely affecting any natural heritage, ecologically or hydrologically sensitive features associated with the Oak Ridges Moraine, and without any adverse impacts on neighbouring/surrounding agricultural uses. [22] Thus the Tribunal found that all the statutory tests had been met: that the matters of Provincial Interests have been appropriately considered; that the settlement proposal was consistent with the PPS and conformed to the Oak Ridges Moraine Conservation Plan; that the settlement proposal conformed to the appropriate versions of the Regional Official Plan and the Claremont Development Plan 1991; that all the criteria of s. 51(24) of the PA had been met; that the Draft Plan Conditions were reasonable and appropriate; that the settlement proposal represented good land use planning; and was in the public interest. [23] Accordingly the Tribunal will: a. Allow the ZBA appeal in part and order that the City’s Zoning By-law be amended by the ZBA as found in Exhibit 2 Tab 2 Schedule A and appended to this decision as Attachment 1; b. Allow the subdivision appeal in part and approve the Draft Plan as found in Exhibit 2 Tab 2 Schedule B, and appended to this decision as Attachment 2; c. Approve the Draft Plan Conditions as found in Exhibit 2 Tab 2 Schedule C and appended hereto as Attachment 3; and 7 OLT-22-002250 d. Order that pursuant to s. 51(56.1) of the PA, that final approval of the Draft Plan be given by the City. [24] The attachments appended to this Decision form part of the Decision. [25] This is the Order of the Tribunal. “Blair S. Taylor” BLAIR S. TAYLOR MEMBER Ontario Land Tribunal Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248 The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal. 8 OLT-22-002250 ATTACHMENT 1 9 OLT-22-002250 10 OLT-22-002250 11 OLT-22-002250 12 OLT-22-002250 13 OLT-22-002250 ATTACHMENT 2 14 OLT-22-002250 ATTACHMENT 3 15 OLT-22-002250 16 OLT-22-002250 17 OLT-22-002250 18 OLT-22-002250 19 OLT-22-002250 20 OLT-22-002250 21 OLT-22-002250 22 OLT-22-002250 23 OLT-22-002250 24 OLT-22-002250 25 OLT-22-002250 26 OLT-22-002250 27 OLT-22-002250 28 OLT-22-002250 29 OLT-22-002250 30 OLT-22-002250 31 OLT-22-002250 32 OLT-22-002250 33 OLT-22-002250