Notice of refusal for an official plan amendment and zoning by-law amendment at 1020-1042 Sixth Line for 1463291 Ontario Inc. (Dunpar Developments Inc.)

Thu, 30 Mar 2017

Notice of Refusal
Proposed Official Plan and Zoning By-law Amendments
1020-1042 Sixth Line
1463291 Ontario Inc. (Dunpar Developments Inc.)
Z.1516.02, Ward 5

Council has made a decision to refuse the application for an official plan amendment and zoning by-law amendment submitted by 1463291 Ontario Inc. (Dunpar Developments Inc.) under sections 22 and 34, of the Planning Act, R.S.O. 1990, c. P.13, as amended on March 20, 2017.

The purpose and effect of the application would permit development of the site for 81 townhouse units, six of which are back to back style. The detached dwellings at 1024 and 142 Sixth Line.  Specifically, the Official Plan Amendment would allow the following:

• redesignate the development area from Low Density Residential with Special Policy Area to Medium Density Residential;
• remove the Special Policy Area overlay, which reflects a maximum density of 10 units per site hectare;
• permit a maximum density of 56.5 units per site hectare; and,
• redesignate the top of bank setback from Natural Area to Private Open Space with permissions for the existing dwellings and structures to remain.

The zoning by-law amendment would rezone the development from Residential Low (RL1-0) and Natural Area (N) to Residential Medium (RM1 and RM2) and Private Open Space (O2), each zone with site specific regulations to permit the proposed redevelopment of the site.

This application was refused for the reasons outlined in the staff report dated March 7, 2017, Item 7 on the agenda for the Planning and Development Council meeting of March 20, 2017.  Council’s decision was consistent with the written and oral submissions received from the public.

At this time there are no other applications, under the Planning Act, R.S.O. 1990, c. P.13, as amended, pertaining to the subject land.

Any appeals must be filed with the Town Clerk at 1225 Trafalgar Road, Oakville, ON, L6H 0H3; must set out the reasons for the appeal; and must be accompanied with a certified cheque or money order in the amount of $300.00 payable to the Minister of Finance.  A copy of the appeal form is available from the OMB website at http://elto.gov.on.ca/omb

A person or public body that requested an amendment to the official plan of the Town of Oakville may appeal the refusal of the requested amendment to the Ontario Municipal Board in respect of all or any part of the requested amendment by filing a notice of appeal with the Town Clerk.

No person or public body shall be added as a party to the hearing of the appeal unless, before the requested official plan amendment was refused, the person or public body made oral submission at a public meeting if any, or written submissions to the council or, in the opinion of the Ontario Municipal Board, there are reasonable grounds to add the person or public body as a party.

The decision of Council is final if a notice of appeal is not received before or on the last day to appeal.

Questions may be directed to:

Robert Thun
Senior Planner
Planning Services Department
905-845-6601, ext. 3029 (TTY 905-338-4200)
robert.thun@oakville.ca

The personal information accompanying your submission is being collected under the authority of the Planning Act, R.S.O. 1990, c. P.13, as amended, and can form part of the public record which may be released to the public.

LAST DATE FOR FILING AN APPEAL:    April 19, 2017