ISSUE DATE: August 4, 2022
CASE NO.: OLT-22-003684 PL190637
PROCEEDING COMMENDED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: S, Z & F Kariminejad Nobari
Subject: Application to amend Zoning By-law No. 2010-40 - Refusal of Application by Town of Newmarket
Existing Zoning: Single Detached 15 metre (R1-D) Zone
Proposed Zoning: Single Detached 12 metre (R1-E) Zone
Purpose: To permit 3 detached dwellings Property Address/Description: 247 & 251 Kathryn Crescent Municipality: Town of Newmarket
Municipal File No.: D14-NP18-25
OLT Case No.: OLT-22-003684
Legacy Case No.: PL190637
OLT Lead Case No.: OLT-22-003684
Legacy Lead Case No.: PL190637
BEFORE: BRYAN W. TUCKEY MEMBER Thursday, the 4th day of August, 2022
THIS MATTER having come on for a public hearing, and the Local Planning Appeal Tribunal (continued as the Ontario Land Tribunal, the “Tribunal”) by way of a decision issued on November 4, 2021 (the “Decision”), determined that the appeal under subsection 34(11) of the Planning Act (the “Appeal”) should be allowed, in part, and By- Law No. 2010-40 of the Town of Newmarket should be amended as follows:
Exception zone standards for properties municipally known as 247, 249 and 251 Kathryn Crescent are permitted, allowing the following zone standards:
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a. a Minimum Lot Frontage – 12.19 metres.
b. a Minimum Lot Area – 396 square metres.
That part of the Appeal relating to the request for an amendment to the exception zone standards for Maximum Lot Coverage in By-law No. 2010-40 should be dismissed.
However, the Tribunal withheld its final order pending confirmation, satisfaction, or receipt of the following pre-requisite matters:
(a) The Tribunal is to receive, and approve, the final draft of the Zoning Bylaw Amendment, inclusive of a holding provision with a condition requiring a storm water management plan for the subject lands completed to the satisfaction of the Director of Development Services, in a form satisfactory to the Parties. The Tribunal is to authorize the municipal clerk of the Town of Newmarket to assign a municipal by-law number.
(b) The Applicants are to obtain a provisional consent to sever the subject properties that were the subject of this Appeal pursuant to s. 53(1) of the Planning Act, which is to be consistent with the plan submitted in this Appeal with the title ‘Site Plan – 249 Kathryn Crescent” and marked as Exhibit 8 (page 009).
AND THE TRIBUNAL HAVING BEEN ADVISED that:
a) The final draft of the Zoning Bylaw Amendment, inclusive of a holding provision with a condition requiring a storm water management plan for the subject lands has been completed to the satisfaction of the Director of Development Services, in a form satisfactory to the Parties; and
b) The Applicants have obtained from the Town of Newmarket a provisional consent to sever the subject properties that were the subject of this Appeal pursuant to s. 53(1) of the Planning Act, which is consistent with the plan submitted in this Appeal with the title ‘Site Plan – 249 Kathryn Crescent” and marked as Exhibit 8 (page 009).
AND THE TRIBUNAL being satisfied that its direction as set out in the Decision has been met;
THE TRIBUNAL ORDERS that the Appeal is allowed, in part, and that the By-Law No. 2010-40 of the Town of Newmarket is hereby amended in the manner set out in attachment “1” to this Order. The part of the Appeal relating to the request for an
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amendment to the exception zone standards for Maximum Lot Coverage in By-law No. 2010-40 is dismissed. The Tribunal authorizes the municipal clerk to format, as may be necessary, and assign a number to this by-law for record keeping purposes.
“Euken Lui”
EUKEN LUI REGISTRAR
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.
ATTACHMENT 1
Corporation of the Town of Newmarket
By-law 2022-XX
A By-law to Amend Zoning By-law 2010-40, being a zoning by-law with respect to the lands located north of Eagle Street, west of Lorne Avenue, being All of Lot 16 and 17, Registered Plan 438 in the Town of Newmarket, and municipally-known as 247and 251 Kathryn Crescent.
Whereas the Council of the Town of Newmarket has the authority pursuant to Section 34 of the Planning Act, R.S.O. 1990, c. P.13, as amended, to pass this By-law; and
Whereas it is deemed advisable to amend By-law 2010-40;
Therefore be it enacted by the Council of the Corporation of the Town of Newmarket as follows:
That the lands subject to this amendment are illustrated on Schedule 1 attached hereto.
And that By-law 2010-40 is hereby amended by:
a. Deleting from Schedule ‘A’ the Residential Single Detached 15m (R1-D) Zone on the subject lands and substituting therefore the Holding Residential Single Detached 15m Site Specific Exception 155 ((H)R1-D-155) Zone as shown on Schedule 1 of By-law 2022-XX.
b. Amending Section 8.1.1 List of Exceptions by adding a new Exception 155 having the following regulations relating to the R1- D-155 zone:
Exception155
Zoning (H) R1-D-155
Map10
By-law Reference 2022-XX
File Reference D14 NP18-25 OLT: PL 190637
i) Location: 247 and 251 Kathryn Crescent. ii) Legal Description: All of Lot 16 and 17, Registered Plan 438 in the Town of Newmarket iii) Notwithstanding any other provision of the by-law to the contrary,the following provisions shall apply to the lands zoned R1-D-155 shown on Schedule 1 attached hereto. iv) Development Standards: a) Minimum Lot Frontage: 12.19 metres b) Minimum Lot Area: 396m²
By-law ##
c. Adding the following provisions to Section 8.2.1 List of Holding Provisions.
By-law No.
Property Description
Permitted Uses Until Holding Provision is Removed
Conditions for Removal
2022-XX
All of Lot 16 and 17, Registered Plan 438 in the Town of Newmarket (247-251 Kathryn Crescent)
No person within the lands zoned (H)R1- D-155 shall erect, alter or use any land, buildings or structures for any purpose.
That a Stormwater Management Plan has been completed forthe site to the satisfaction of the Director of Engineering Services.
- That Schedule 1 attached hereto shall form part of By-law 2022-XX
Enacted this th day of , 2022.
John Taylor, Mayor
Lisa Lyons, Town Clerk