June 27, 2013 PL Ontario Municipal Board Commission des affaires municipales de l Ontario

Transcription

1 ISSUE DATE: June 27, 2013 PL IN THE MATTER OF subsection 51(39) of the Planning Act, R.S.O. 1990, c. P.13, as amended Appellant: David & Cynthia Nash Subject: Proposed Plan of Subdivision Property Address/Description: Part of Lot 15, Concession 9 Municipality: Town of Pelham Municipal File No.: 26T OMB Case No.: PL OMB File No.: PL IN THE MATTER OF subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended Appellant: David & Cynthia Nash Subject: By-law No. 01/10 Municipality: Town of Pelham OMB Case No.: PL OMB File No.: PL IN THE MATTER OF subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended Appellant: David & Cynthia Nash Subject: Proposed Official Plan Amendment No. OPA No. 58 Municipality: Town of Pelham OMB Case No.: PL OMB File No.: PL A P P E A R A N C E S : Ontario Municipal Board Commission des affaires municipales de l Ontario Parties Town of Pelham Cynthia and David Nash Equimor Mortgage Investment Corporation Counsel Callum Shedden Thomas Richardson Michael Woods

2 - 2 - PL MEMORANDUM OF ORAL DECISION DELIVERED BY C. HEFFERON ON MAY 27, 2013 AND ORDER OF THE BOARD BACKGROUND [1] Equimor Mortgage Investment Corporation ( Equimor ) proposes to develop 84 residential dwelling units (28 single family detached, eight townhouse and 48 condominium townhouse homes) on lands located on the east side of Maple Street, lying south of Memorial Drive, in the Town of Pelham ( subject lands ). This proposal is also known as Oak Haven Estates. [2] Council of the Town of Pelham ( Council ) approved the following instruments to permit the proposed development. On July 25, 2012, Council granted approval of the proposed draft plan of subdivision. On November 5, 2012, Council also approved official plan amendment No. 58 ( OPA 58 ), which amends the Town of Pelham Official Plan ( OP ) and on December 5, 2012, Council approved Zoning By-law 3311 (2012), which amends Zoning By-law 1136 (1987), as amended. MATTER BEFORE THE BOARD [3] The above decisions of Council were appealed to the Ontario Municipal Board ( Board ) by Cynthia and David Nash, who own lands situated adjacent to the subject lands. Specifically, they appealed the following: 1. Under s. 51(39) of the Planning Act ( Act ), the proposed plan of subdivision. 2. Under s. 34(19) of the Act, they appealed Zoning By-law 3311 (2012). 3. Under s. 17(24) of the Act, they appealed proposed official plan amendment No. 58. LEGAL INSTRUMENTS The Town of Pelham Official Plan Zoning By-law 1136 (1987), as amended, which is the comprehensive zoning by-law for the Town of Pelham

3 - 3 - PL Zoning By-law 3311 (2012), which amends Zoning By-law 1136 (1987), as amended to permit the proposed development. It was entered to the evidence as Exhibit 2, Tab F. The draft plan of subdivision dated April 25, 2011 and which was prepared by Chambers and Associates Surveying Ltd. of Welland, ON. It was entered to the evidence (in reduced size) as Exhibit 2, Tab G. The conditions to the draft plan of subdivision. These were entered to the evidence as Exhibit 2, Tabs I and J. EVIDENCE AND FINDINGS [4] At the commencement of the hearing into these matters, the three counsels in these proceedings informed the Board that a settlement had been reached and that all three parties supported that settlement. The Minutes of Settlement were entered to the evidence as Exhibit 3, p [5] It was pointed out by Thomas Richardson, counsel to David and Cynthia Nash, that his clients withdrew their primary objection to the proposed development when Equimor agreed (as set out in Exhibit 2, Tab 6, Condition 3) to remove the non-native fill from the vicinity of the Nash property. [6] Susan Smyth, who is a qualified land use planner employed by the Town of Pelham, submitted an affidavit of her land use planning evidence. The affidavit was entered into evidence as Exhibit 2. [7] Ms. Smyth advised that OPA 58 expands the Fenwick Sanitary Sewer Area and amends the lot area requirements of the Village Residential designation in the OP for the lands east of Maple Street and south of Memorial Drive as shown in Schedule A. OPA 58 was entered into evidence, as Exhibit 2, Tab D. [8] The Board accepts the unopposed evidence of Ms. Smyth and finds that OPA 58 is consistent with the Provincial Policy Statement ( PPS ) and conforms to the general intent and purpose of the OP.

4 - 4 - PL [9] Ms. Smyth further advised that the Town of Pelham Zoning By-law 1136 (1987), as amended, zones the subject lands IRV1, which permits single family homes and buildings and uses accessory thereto. The applicable excerpts from Town of Pelham Zoning By-law 1136 (1987), as amended, were entered into evidence as Exhibit 2, Tab E. [10] Zoning By-law 3311 (2012), which was passed by the Council of the Town of Pelham on December 5, 2012, amends Zoning By-law 1136 (1987) to permit the proposed development. A copy of Zoning By-law 3311 (2012) was entered into evidence as Exhibit 2, Tab F. [11] The Board accepts Ms. Smyth s unopposed evidence and finds that Zoning Bylaw 3311 (2012) conforms to the general intent and purpose of the OP. [12] Ms. Smyth further advised that the Minutes of Settlement provide that the draft approval for the plan of subdivision for Oak Haven Estates is amended to include 13 additional conditions of draft approval. The 13 additional conditions of draft approval were entered into evidence as Exhibit 2, Tab J. [13] The Board accepts the unopposed evidence of Ms. Smyth and finds that the draft plan of subdivision complies with the applicable provisions of the Planning Act, the PPS, the Region of Niagara Policy Plan and the OP and represents good planning. CONCLUSION [14] After consideration of all the evidence, the Board accepts the Minutes of Settlement, which were entered into evidence as Exhibit 3, p ORDER [15] The Board orders the appeal is dismissed. [16] The Board further orders that OPA 58, which is the requested amendment to the official plan of the Town of Pelham, is approved. [17] The Board further orders that Zoning By-law 3311 (2012) amending Zoning Bylaw 1136 (1987), as amended, is approved.

5 - 5 - PL [18] The Board further orders the draft plan of subdivision for the Oak Haven Estates subdivision in the Town of Pelham, as entered into evidence as Exhibit 2, Tab G, with conditions entered as Exhibit 2, Tabs I and J, is approved. The approved draft plan of subdivision and the conditions are attached to this decision. [19] Pursuant to s. 51(56.1) of the Act and on consent of the parties, final authority to approve the conditions of the above referenced draft plan of subdivision is given to the Town of Pelham. C. Hefferon C. HEFFERON MEMBER

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