THE CORPORATION OF THE TOWN OF GRAVENHURST BY-LAW 2017-

Transcription

1 THE CORPORATION OF THE TOWN OF GRAVENHURST BY-LAW A By-law to adopt a Ontario Municipal Board Order for Zoning By-law Application (ZA ) (OMB Case No. PL110213) WHEREAS a Zoning Amendment Application (ZA ) was considered by Council on January 25 th, 2011; AND WHEREAS the By-law was defeated on the same date and appealed by the applicant; AND WHEREAS a settlement was subsequently reached between the Town and applicant/appellant, the approval of which occurred on July 3 rd, 2012; AND WHEREAS the settlement was considered by the Ontario Municipal Board at a hearing held on July 18 th,2012, resulting in the approval of that settlement; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF GRAVENHURST ENACTS AS FOLLOWS: 1. The Council of the Town of Gravenhurst hereby adopts the Order from Ontario Municipal Board Order No. PL (Loon Call Muskoka Inc.) issued in writing on October 26 th, 2012 and the zoning by-law attached thereto incorporating the required changes. 2. Schedule "A-1" is hereby declared to form part of this By-law. READ A FIRST, SECOND AND THIRD TIME and finally passed this 24 th day of January, MAYOR CLERK

2 Commissiondes affaires municipales de l Ontario Ontario Municipal Board PL October 26, 2012 os rl 1.jc3I ISSUE DATE: the Town of Gravenhurst to enact an amendment to Zoning By-law and Zoning [1] This is an appeal by Loon Call (Muskoka) Inc. (Appellant) against the refusal of INTRODUCTION DECISION DELIVERED BY C. CONTI AND ORDER OF THE BOARD Loon Call (Muskoka) Inc. N. Macos Town of Gravenhurst J. Cruickshank Parties Counsel APPEARANCES: Property 0MB Case No.: 0MB File No.: Municipal File No.: Municipality: Subject: Address/Description: Appellant: Conditions of approval of draft plan of subdivision Part Lot 19, Conc 5 (Now Lot 9, Plan RCP 5) i PL PL S Town of Gravenhurst Loon Call (Muskoka) Inc. P.13, as amended IN THE MATTER OF subsection 51(43) of the PlanningAct, R.S.O. 1990, c. 0MB Case No.: PL MB File No.: PL permit a range of housing unit types. By-law of the Town of Gravenhurst to rezone lands known municipally Part Lot 19, Conc 5 (Now Lot 9, Plan RCP 548) from Residential (R-1) and Open Space (OS) to subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from Loon Call (Muskoka) Inc. has appealed to the Ontario Municipal Board under Council s refusal to enact a proposed amendment to Zoning By-law and Zoning C)L Ob-)D

3 By-law 10-04, and with regard to proposed conditions for an approved plan of subdivision, for a property at Part Lot 19, Concession 5, in the Town of Gravenhurst. [2] The p1an of subdivision on the subject lands was draft approved in 2008 to permit Street in Gravenhurst. Residential lands are located along Pine Street to the east, and intended to implement the changes to the draft plan of subdivision. townhouse units. The Appellant proposed a redline revision to the draft plan which proposed amendments to the plan. The proposed amendment to the Zoning By-laws is twenty-five single family lots. In 2011, the Appellant submitted an amended plan to the Town which included a mix of single detached dwellings, semi-detached dwellings and would have been implemented through a revised condition 1 of the draft plan approval which refers to the specific plan to which the approval applies. The Town refused the [31 The subject property consists of 2.52 hectares located at the west limit of Pine to the north of the subject property is a residential development known as the Kingbrook Subdivision. Lands to the south are being developed as a new phase of the Kingbrook [4] At the commencement of the hearing the Board was informed that a settlement Municipality of Muskoka and Minutes of Settlement (Exhibit 1, Tab 23) were filed. EVIDENCE [5) The Board heard evidence on behalf of the settlement from Robert List, more than thirty years of experience. He was qualified by the Board as an expert in land [6] The Board also heard evidence on behalf of the settlement from Derrick Hammond, Director of Planning Services with the District of Muskoka. Mr. Hammond is use planning. President of List Planning Ltd. Mr. List is a Registered Professional Planner who has had been reached among the Appellant, the Town of Gravenhurst and the District development. -2- PL110213

4 -3- PL a Registered Professional Planner who has more than twenty years of experience. He was qualified by the Board as an expert in land use planning. In addition, the Board heard evidence from Heather Moore, Director of Programs for the District of Muskoka. [7] A number of individuals attended the hearing to express concern about the proposal. R. Patton, S. Fraser and A. Kunst, representing Kingbrook, sought and were granted participant status in the hearing and provided evidence in opposition to the proposal. ISSUES, ANALYSIS AND FINDINGS [8] The Board has carefully considered the evidence of the parties and the testimony of the participants. The participants raised concern about locating a more intense form of housing in an area characterised by single-detached homes, many of which have larger lots. The participants issues mainly involved the compatibility of the proposal with the character of the area. [9] The parties maintain that the proposal is desirable, it is compatible with the area and measures have been incorporated to mitigate impact on the surrounding area. Detailed planning evidence was provided by Mr. List. [101 Mr. List explained that redline revisions have been undertaken to the previous plan of subdivision in order to achieve the settlement. In the revised plan (Exhibit 1, Tab 26), the proposed townhouses have been eliminated and replaced with semi-detached units. The revised plan still proposes fourteen single-detached lots along the north boundary of the site. These lots abut large single family lots to the north. Sixteen blocks are set out in the revised plan for semi-detached dwellings. The majority of the semi detached blocks abut the Kingbrook lands to the south. The revised plan also contains an open space block, a parkland block, and a stormwater block. The extension of Pine

5 property. Street through the site will be a public road and municipal services are available for the Town of Gravenhurst Official Plan. He noted that the subject property is within the [15] Mr. List also indicated that the proposal complies with the requirements of the component only adds to its value. stated that the proposal meets all of the planning tests and that the affordable housing in section D of the Official Plan which deal with settlement pattern and policy. Mr. List unit in Muskoka. Mr. List indicated that the proposal complies with the relevant policies at least 10 per cent below the average purchase price of a permanent residential resale complies with policy C.37 which requires that the purchase price affordable housing be housing that is affordable. He indicated that the proposal helps fulfill this objective and Muskoka Official Plan (Exhibit 1, Tab 35). He noted that objective B.1 1 (Exhibit 1, Tab 35, p. 35-5) encourages the provision of a wide array of housing opportunities including [14] Mr. List stated that the proposal complies with the requirements of the District of use of land and infrastructure. He stated that the proposal is consistent with the PPS. promote intensification, provision of a variety of housing types, and the more efficient Exhibit 3, is consistent with sections of the Provincial Policy Statement (PPS) which [13] In Mr. List s opinion, the proposal, with the revisions included in Exhibit 2 and communities. The Appellant has undertaken a number of these types of projects in other [12] Mr. List indicated that the intent of the proposal is to provide attainable housing. that it deals with some of the concerns of area residents. indicated that this requirement has been incorporated into condition 12 of Exhibit 3 and prior to the construction of the first dwelling in the subject plan of subdivision. Mr. List be constructed at the rear of the fourteen single family lots on the north limit of the site [11] The parties filed a revised By-law Amendment (Exhibit 2) and revised conditions of draft plan approval (Exhibit 3). Mr. List noted that as part of the settlement a fence will -4- PL110213

6 -5- PL Urban Centre of Gravenhurst and it is designated as Urban Residential Area (Exhibit 1, Tab 36, P ). This area is identified in the Official Plan as a growth area for the Town. The policies of the plan promote efficient use of land and compact forms of development. Mr. List stated that the proposal meets the objectives in section Cl.3 of the Official Plan by ensuring that development is integrated into the community in a compact manner, by providing a variety of housing options and by encouraging connectivity in the Town through provision of an open space and trail system (Exhibit 1, Tab 36, p. 36-6). Mr. List also noted that the proposal complies with policies in the Official Plan which permit the types of housing being proposed and encourage affàrdáblel,ousing. He indicated that the proposal meets the density provisions in section Cl of the plan (Exhibit 1, Tab 36, p. 36-8). [1.6] Mr. List s opinion is that the proposal complies with all relevant requirements of the Town of Gravenhurst Official Plan. He indicated that the proposal provides an opportunity to meet the goals and objectives of the Official Plan regarding affordable housing. [17] Mr. List indicated that the revised plan of subdivision complies with the provisions of s. 51(24) of the Planning Act. It has regard for matters of provincial interest, it represents orderly development, it provides for a variety of housing forms, it is not premature, it conforms to the Official Plans, the shape and dimension of the proposed lots is appropriate, and it is in the public interest. Mr. List s expert opinion is that the proposed plan meets all of the applicable requirements of s. 51(24). [18] Mr. List indicated that the property is zoned Ri which permits the single detached use. A portion of the property is rezoned in the revised By-law Amendment (Exhibit 2) to Residential Multiple Zone 1 (RM-1) in order to permit the semi-detached use. Mr. List indicated that no alterations to the Zoning By-law s standards are required to accommodate either the single residential or the semi-detached lots. Mr. List s opinion is that the revised By-law amendment complies with the Gravenhurt Official Plan.

7 that all conditions are standard, except for 12 (b) which requires maintaining a [191 With regard to revised conditions of draft plan approval (Exhibit 3), Mr. List stated Order is provided below. conditions of draft plan approval and the revised By-law amendment. The appropriate the terms of the Minutes of Settlement (Exhibit 1, Tab 23) and approve the revised [24] In consideration of the above, the Board will allow the appeal in part based upon requirements. [23] The Board accepts and agrees with the opinion evidence provided in support of with the requirements of the Gravenhurst Official Plan and meets all other relevant 51(24) of the Planning Act. Furthermore, the proposed By-law Amendment complies Amendment. Based upon the evidence, the Board finds that the revised conditions of approval which reflect the redlined draft plan of subdivision meet the requirements of s. the settlement and the revised conditions of draft plan approval and the revised By-law the proposal to mitigate potential impact. desirability of the proposal and that appropriate measures have been incorporated into uncontradicted and comprehensive. Furthermore, the evidenced demonstrates the law Amendment (Exhibit 2). The expert planning opinion provided by the parties is terms of the settlement and the revised conditions of draft approval (Exhibit 3) and By [22] The Board has considered the submissions of the parties and participants, the for attainable housing in the area. [21] Ms. Moore s testimony emphasized the importance of the project and the need Official Plan. stated that in his opinion the proposed plan complies with the District of Muskoka [20] The evidence of Mr. Hammond supported the conclusions of Mr. List and he opinion is that the revised plan of subdivision with the proposed conditions meets all the vegetative buffer and 12 (c) which requires the installation of the fence. Mr. List s requirements of s. 51(24) of the Planning Act. -6- PL110213

8 -7- PL ORDER [25] The Board orders that the appeal is allowed in part and Zoning By-law and Zoning By-law of the Town of Gravenhurst are amended as set out in Attachment 1 [26] And furthermore conditions of draft plan approval are amended as set out in Attachment 2 and are approved as amended. [27] In all other respects the appeal is dismissed. C. Conti C. CONTI MEMBER

9 ATTACHMENT I 04, as amended, the following special provisions shall apply: 831. NotwIthstanding any provisions to the contrary Zoning By-Law 10- amended, is hereby further amended by the addition of the following land use In the Town of Gravenhurst; provisions of the Planning Act, R.S.O. 1990, Chapter P13 and Ontario Speciai Provision: 3., Appendix C to By-law of the Town of Gravenhurst, as has been passed to constitute the Comprehensive Zoning By-law regulating 548 and as shown oil Schedule A-i affixed heret&. Part of Lot 19, ConcessIOn 5, In the former Township of Muslka, now 2. Schedules D06 and D06-01 of Appendix A of By-law of the Gravenhurst, District Municipality of Muskoka; being Lot 9, Plan RCP TOWN OF GRAVENHURST ENACTS AS FOLLOWS: Town of Gravenhurst, as amended, are hereby further amended by Concession 5, in the former Township of Muskoka, now In the Town of (RM-1) subject to Special Provision 831 (S831), on Part of Lot 19, changing part of the Residential One Zone (R-1) to a Residential changing part of the Open Space Zone (OS) to Residential Multiple Zone In the Town of Graverihurst, DistrIct Municipality of Muskoka; being Lot 1. Schedules D06 and D of Appendix A of By-law, of the NOW THEREFORE BY-LAW OF THE CORPORATION OF THE Town of Gravenhurst, as amended, are hereby further amended by Municipal Board Act; WHEREAS By-laW of the Corporetion of the Town of Gravenhuret as amended (LOON CALL MUSKOKA INC.) Being a By-law to amend Zoning By-law AND WHEREAS Zoning By-laws may be amended In accordance with the : ;.: ; BY-LAW ,i. Multiple One Zone (RM-1) subject to Special Provision 831 (S831), an THE CORPORATION OF THE TOWN OF GRAVENHURST - - Plan RCP 548 and as shown on Schedule A-i affixed hereto. -8- PL110213

10 Issuance of an Order by the Ontario Municipal Board. 5. This By-law shall come into full force and, effect upon approval of and 4. Schedule A-i Is hereby declared to form part of this By-law. Dwelling, Steet Townhouse Dwelling, Multiple be permitted uses with the exception of: All those uses listed In Section 10 of By-law shall (I) Permitted Uses In the Residential Multiple Zone (RM-1): (LOON CALL MUSKOKA) Page 2 By-law PL110213

11 -10- PL NTS W B Roil No being LotS, Plan ROP 548. now in the Town of Gravenhuret, District Municipality of Muskoka, on Part of Lot 19, Concession 5, In the former Township of Muskoka, Multiple One Zone (RM-1), subject to Special Provision 831 (8831) Lands rezoned from Open Space One Zone (OS) to Residential being Lot 9, Plan RQP 548. now In the Town of Gravenhuret, District Municipality of Muskoka, on Part of Lot 19, Concession 5, in the former Township of Muskoka, Multiple One Zone (RM-1), subject to Special Provision 831 (5831) Lands rezoned from Residential One Zone (R-1) to Residential This is Schedule A-t to By-law of thetown of

12 -11- PL ATTACHMENT 2 CONSOLIDATION OF SCHEDULE A PLAN OF SUBDIVISION FILE NO. S Pine Street Subdivision Part A Approval Plan of Subdivision File No. S (Pine Street Subdivision) is approved subject to Parts B, C, and D herein. Part B Conditions General Conditions Amended by 1. This approval applies to the Pine Street Plan of Subdivision, File No. S , 0MB, July 18, prepared by T.A Bunker Surveying Ltd. dated May 29, 2012, being a revision to the plan 2012 dated September 21, 2006 and redllned May 5, 2008, showing a total of lots and 20 Blocks on Part of Lot 19, Concession 5, Muskoka, Town of Gravenhurst The District Municipality of Muskoka. 2. Prior to final approval being granted, The District MunicIpality of Muskoka shall be provided with a copy of the final plan In digital format, Including road centrelines, in accordance with The District Municipality of Muskoka Digital Draft and Final Plan of Subdivision Submission Requirements. 3. Prior to final approval being granted and prior to the submission of the proposed Internal road names to the Town of Gravenhurst for approval purposes, the Owner shall submit names to The District Municipality of Muskoka for 911 verification. 4. Prior to final approval being granted, and to the execution or the Area Municipal Council s endorsement thereol The District Municipality of Muskoka shall be circulated a draft Area Municipal subdivision agreement for review and comment and shall be In receipt of a registered copy thereot Amended by 5. PrIor to final approval of Phase 2 being granted, Block 2 34 shall be dedicated to the 0MB, July 18, Town of Gravenhurst for future road access purposes; Conveyances 6. Easements as may be required for access, pedestrian walkways, utilities, drainage, or other purposes shall be granted to the District of Muskoka, the Town of Gravenhu rat and any other authority or party as may be required. Parkiand Amended by 0MB, July 18, 7. Prior to final approval of Phase I being granted, the owner shall convey Blocks 2631 and to the Town of Gravenhuret for parkland purposes. Zoning 8. Prior to final approval being granted, the property included in this plan of subdivision shall be zoned for its intended residential and open space uses. Environmental 9. Prior to final approval being granted, the owner shall provide The District Municipality of Muskoka with four copies of a detailed storm water management and construction mitigation plan prepared by a professional engineer. The plans shall be reviewed and approved by Muskoka and circulated by Muskoka to the Town of Gravenhurst. if

13 required, a Certificate of Approval for the plan shall be obtained from the Ministry of the Environment prior to construction of the works ict-eveiopment-aharges-are-to-be-pai4e uiesricr Dcvciepment-Gharges satisfaction. satisfied that conditions 1, 2, 3, 4, 6, 9, 13 and 14 have been complied with to their 16. Prior to final approval being granted, The District Municipality of Muskoka shall be satisfied. satisfaction with a brief and concise statement detailing how each condition has been writing that conditions 4, 5, 5 7, , 11 and 12 have been compiled with to their 15. Prior to final approval being granted, the Town of Graven hurst shall advise the District in Clearance Letters and register on title, supplemental subdivision agreements with The District Municipality assumption and operation of same. to the installation of municipal water and sewer services and shall provide for municipal of Muskoka for each of those phases and the agreements shall include, but not be limited confirmation of available water and sanitary sewage capacity, the owner shall enter into 14. Prior to final approval being granted for any subsequent phase and subject to and otherwise, of The District Municipality of Muskoka, including but not limited to the assumption and operation of same. installation of municipal water and sewer services and shall provide for municipal amended, with The District MunIcipality of Muskoka. The agreement shall be registered subdivision agreement authorized by Section 51(26) of the Planning Act, R.SO. 1990, as on title and shall provide that the owner agrees to satisfy all the requirements, financial 13. Prior to final approval of Phase I being granted, the owner shall enter Into a master District MunIcipal Agreement Amended by entire fence shall be constructed at one time prior to the completion of the C) Require the installation of a fence In the rear yard in each of Lots I to 14. The b) Require the retention of vegetative buffers; 0MB, July construction of the first dwelling in this plan of subdivision. 18, 2012 supervision and to the satisfaction, of a certified professional engineer; and a) Require the implementation of the plans required in Condition 9 under the to The Town of Gravenhurst which wll 12. The subdivision agreement shall contain a provision or provisions In wording acceptable Gravenhurst concerning the provision of roads, sidewalks, street lighting, utilities, landscaping and lot grading amongst other matters. the owner agrees to satisfy all the requirements, financial and otherwise, of the Town of Town of Gravenhurst. The agreement shall be registered on title and shall provide that authorized by Section 51 (26) of The Planning Act R,S , as amended, with the 11. Prior to final approval being granted, the owner shall enter into a subdivision agreement Area Municipal Agreement purposes shall be conveyed to the Town of Gravenhurst. 10. Prior to final approval being granted, any lands required for stormwater management -12- PL110213

14 -13- PL Final Plan 18. The final plan must be in registerable form together with all necessary instruments or plans describing an interest in the land. 19. Prior to final approval being granted, the Commissioner of Planning and Economic Development or her designate shall be satisfied that the conditions of approval have been satisfied and the final plan is in conformity with the draft plan. Part C - Lapsing ProvIsIon Amended by In the event that the owner fails to fulfill the conditions of draft approval on or before date June 0MB, July 18, 11, 2013, July 18,2014, the approval herein granted shall be deemed to have lapsed pursuant to 2012 the Planning Act, R.S , as amended. in the event that the owner falls to fulfill the conditions of approval for the subsequent phases within twenty-four (24) months from the date of registration of the preceding phase, the approval herein granted may be withdrawn pursuant to the Planning Act R.S Part D Timing of Work The owner Is advised that any site alteration or the installation of any works or matters that may be the subject of any agreements required by this schedule shall not be permitted prior to the execution of such agreements. Where any such works, alterations or matters are undertaken in violation of this clause, approval of this plan may be withdrawn as authorized under Section 51(44) of the Planning Act, R.S.O