Dec. 16, 2008 Ontario Municipal Board Commission des affaires municipales de l Ontario
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1 ISSUE DATE: Dec. 16, 2008 Ontario Municipal Board Commission des affaires municipales de l Ontario PL Repac Industries Inc., Ontario Inc., the Town of Caledon and STORM Coalition have appealed to the Ontario Municipal Board under subsection 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, against Zoning By-law of the Township of King O.M.B. Case No. O.M.B. File No. R Ontario Inc. has appealed to the Ontario Municipal Board under subsection 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, against Zoning By-law of the Township of King O.M.B. Case No. O.M.B. File No. R Ontario Inc. (Cardinal Golf Club) has 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 Township of King to redesignate lands located on the west side of 4 th Concession Road (Keele Street) approximately 550m north of Highway Number 9, known as Part of Lots 13 & 14, Concession 1, New Survey, Township of King, from Gravel Pit and Rural to Open Space to permit the expansion of the existing golf course, related accessory uses and recreational activities Approval Authority File No. OP O.M. Case No. PL O.M.B. File No. O Ontario Inc. (Cardinal Golf Club) has 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 74-53, as amended, of the Township of King to rezone lands located on the west side of 4 th Concession Road (Keele Street) approximately 550m north of Highway Number 9, known as Part of Lots 13 & 14, Concession 1, New Survey, Township of King, from an Industrial Extractive (M3) zone and Rural General (RU1) zone to an Open Space & Conservation (O) zone to permit the expansion of the existing golf course, related accessory uses and recreational activities O.M.B. Case No. PL O.M.B. File No. Z A P P E A R A N C E S : Parties Township of King Ontario Inc. (Cardinal Golf Course) Ontario Inc. Counsel J. Matera M. Melling
2 - 2 - PL DECISION DELIVERED BY H. GOLDKIND AND ORDER OF THE BOARD The appeal of Ontario Inc. (Cardinal Golf Course) and Ontario Inc. (the Appellants ) is against Zoning By-laws and of the Township of King (the Township ) that removed existing aggregate permissions and the potential for use as a golf course by rezoning the Appellants lands as Rural General (RUI). The Appellants also appeal the Township s failure to implement the Appellants applications of February 2001, to amend the Township s Official Plan and Zoning Bylaw to permit the Appellants lands to be used for a golf course. At the commencement of the hearing, the parties advised the Board that they have reached an agreement that permits the Appellants proposed use as a golf course. The Parties also acknowledged that both Ontario Inc. and Ontario Inc. are owners of two different parts of the Appellants lands and are proper parties to the appeal. Counsel for the Township advised that other appeals under have been disposed of or will be dealt with separately. BACKGROUND (A) The Appellants Lands (the Site ) This Site is adjacent to the west limit of Keele Street, just north of Provincial Highway 9 and south of the Holland Marsh. The 89-hectare Site has a frontage of 850 metres on Keele Street and is a former gravel pit. The Site was previously used for aggregate extraction, outside storage of industrial equipment, farming and asphalt processing. There are natural heritage features on the Site such as a pond, streams and trees. The aggregate pit has not been restored to a natural setting.
3 - 3 - PL Immediately to the north of the Site is the Holland Marsh; to the east are farms; to the south are rural residential lots; and to the west is the adjacent Cardinal Golf Course that has been in operation for several years. (B) Appellants Proposal The Appellants proposal has been designed with and reflects the input from the Township. The Appellants propose to build a golf course on this Site, with former aggregate areas and other limited parts of the Site to be used for the golf course. Existing natural environmental features are to be protected and some areas of the Site are to be reclaimed with natural vegetation and features. Trees and bushes are to be planted along streams on the Site in order to improve and protect them and to foster a fishery in the ponds and streams. In order to protect environmental features, the length of the golf course has been reduced and a driving range has been eliminated. The Appellants proposal for a golf course has been circulated to relevant government agencies, such as the Lake Simcoe Conservation Authority. They have not objected to the proposal and have signed-off on it. PLANNING EVIDENCE Stephen Kitchen, a land use planner who is the Director of Planning for the Township, gave evidence on behalf of the Township and in support of the Appellants proposal. He advised the Board that the Parties have reached an agreement that permits the Site to be developed as a golf course. This agreement is reflected in the proposed, site-specific, amendment to the Township s Official Plan filed as Exhibit No. 1, Tab 19 (designated as OPA No. 66), and the proposed, site-specific, amendment to the Township s Zoning By-law 74-53, as amended, filed as Exhibit No. 1, Tab 20. Mr. Kitchen testified that this agreement arose out of extensive consultation between the Parties over a long period of time and has received the sign-off or approval of the various governmental authorities to which the proposal has been circulated. Mr. Kitchen testified that most of the Appellants Site lies within the area regulated by the Oak Ridges Moraine Conservation Plan (O.R.M.C.P.), except for a
4 - 4 - PL small strip of land at the northern limit that lies within the area regulated under the Greenbelt Plan. Proposed OPA 66 Exhibit 1, Tab 19 The witness testified that under the proposed OPA, the narrow strip of land at the northern extent to the Site is designated as Open Space Exception Area 21 and will be limited to conservation uses such as forest management and conservation projects under the terms of Exception 21. This strip of land lies within the Greenbelt Plan. Land use designations are found at Schedule 3 of OPA 66. Mr. Kitchen advised that the land regulated under Exception 22 to OPA 66 is designated as Oak Ridges Moraine Natural Linkage Area Exception Area 22. This area will be limited to uses such as wildlife and forest management and conservation projects, but with limited golf cart paths constructed of wood chips and/or wood boardwalks. The witness testified that the largest part of the Site is designated as Oak Ridges Moraine Countryside Area Exception Area 23, and is regulated under Exception 23 with permitted uses that include an eighteen hole golf course, clubhouse, pro-shop and banquet hall. The golf course operation is subject to provisions under Exception 23 that provide design and management policies and tools, such as site plan control, for environmental protection. Mr. Kitchen expressed his opinion that the proposed OPA 66 conforms to the O.R.M.C.P. and represents good planning. Proposed Zoning By-law to Implement Proposed OPA 66 Exhibit 1, Tab 20 Mr. Kitchen also reviewed the proposed implementing Zoning By-law and testified to the following information. Schedule 1 to the By-law sets out the land uses. The narrow strip of land at the northern extent of the Site is confined to conservation uses including wildlife and forest management and conservation projects as set out in Exception of the proposed By-law. The land use on Schedule 1 of the By-law is indicated as Environmental Protection.
5 - 5 - PL To the south of the above strip of land, a large portion of the northern part of the Site is zoned Oak Ridges Moraine Feature Protection By-law Exception - Section The uses permitted under this zoning include conservation projects and forest and wildlife management, along with limited cart paths. Further to the south, part of the Site is zoned Oak Ridges Moraine Feature Protection By-law Exception Section This area includes streams and immediately adjacent areas that the Township wants improved with tree planting in order to establish a cold-water fishery. Only a very small part of this area may be used for golf course use. The limited use under this exception protects and extends natural heritage features. A large part of the Site is zoned Oak Ridges Moraine Countryside By-law Exception Section The permitted uses include the golf course, clubhouse, and other uses contemplated under OPA 66 for the main part of the golf course. Mr. Kitchen submitted that the Site is being rezoned from Rural General and Industrial Extractive to the uses that reflect proposed OPA 66. Mr. Kitchen gave his opinion that the proposed By-law conforms to proposed OPA 66 and to O.R.M.C.P. Conformity with Planning Documents Mr. Kitchen testified that the proposed OPA 66 and Zoning By-law complies with the Official Plan of York Region, the Greenbelt Plan, the Provincial Policy Statement, and constitutes good planning and is in the public interest. In addition, he testified the proposed use brings these lands into conformity with the O.R.M.C.P. and represents a significant improvement over the permitted uses. CONCLUSION The Board accepts Mr. Kitchen s evidence and opinions. The Board finds that the Appellants proposed use as reflected in the proposed OPA 66 and implementing Zoning By-law, with their built-in environmental safeguards, conforms to the O.R.M.C.P. and other referred-to planning documents and provincial policies. The Board finds that the proposed use represents good planning and is in the public interest.
6 - 6 - PL The Board hereby Orders that: 1. The Appeal by Ontario Inc. against Zoning By-law of the Township of King is dismissed as being moot: 2. The Appeal by Ontario Inc. against Zoning By-law of the Township of King is allowed; 3. The Appeal by Ontario Inc. (Cardinal Golf Club) from the Township Council s failure or neglect to enact a proposed amendment to the Township s Official Plan for lands described as Part Lot 13 and 14, Concession 1 New Survey, known municipally as Keele Street (the Subject Property ) is allowed; 4. The Appeal by Ontario Inc. (Cardinal Golf Club) from the Township s failure or neglect to enact a proposed amendment to the Township s Zoning Bylaw 74-53, as amended, for the Subject Property is allowed; 5. The proposed amendment to the Township s Official Plan filed as Exhibit No. 1, Tab 19 is hereby approved pursuant to s. 22(11) and 17(50) of the Planning Act, R.S.O. 1990, c. P.13, as amended; and 6. The proposed amendment to the Township s Zoning By-law 74-53, as amended, filed as Exhibit No. 1, Tab 20 is hereby approved pursuant to s. 34(26) of the Planning Act. H. Goldkind H. GOLDKIND MEMBER
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