Hamilton halts new construction on Dundas Pleasant View lands for now

News Sep 14, 2020 by Kevin Werner Dundas Star News

Hamilton councillors agreed to impose a one-year interim control bylaw on the Pleasant View area so planning staff can examine how to make the land compatible with various other agencies’ development regulations with the city’s.

“We are at a point where we need to be sure that the things are in line in order to move forward to get (the land) under development control,” said Dundas Coun. Arlene VanderBeek, who introduced the motion at the Sept. 10 special council meeting.

The Pleasant View area has been under several layers of provincial and municipal control since 1973, said VanderBeek.

“It has direct influence on what you can do,” she said.

The bylaw and subsequent study of the area was prompted after Hamilton staff incorrectly issued a site plan approval and building permits last year to property owner Marco Zwaan, who was in the process of constructing a house on the 4.07-hectare property at 10 Newman Rd.

The approved application was contrary to Hamilton’s own official plan and zoning bylaw and it violated the provincial Niagara Escarpment Plan and an Ontario Municipal Board decision, all of which do not permit development of the property. The land can’t be rezoned without a Niagara Escarpment Plan amendment.

After the city revoked the building permit, the property owner appealed the decision in court and filed a minor variance application. The variance was denied, and the matter was settled out of court.

As part of the settlement, the city took ownership of 10 Newman Rd. and it had retained a contractor to demolition the uncompleted building.

But the incorrectly issued building permit was only one of several questionable decisions that have been made in the Pleasant View area, by the city, according to the Niagara Escarpment Commission.

For instance, earlier this year the commission raised concerns to the city after the municipality approved a tree cutting permit for a right-of-way at 711 York Rd., and in a separate decision, allowed a bylaw exemption to permit development on a 1.4-hectare lot at the same location.

The commission has been troubled by the city planning staff’s interpretation that the Niagara Escarpment Plan and a 1995 Ontario Municipal Board decision that limited development to minimum 10-hectare lots in Pleasant View do not apply to some city planning decisions.

By imposing an interim control bylaw for the Pleasant View area, Planning General Manager Jason Thorne said it will allow staff to determine whether the lands should be under Niagara Escarpment Commission development control, should be updated within the city’s zoning bylaws, or “to do both.”

Thorne said there is a need to make sure there is consistency there.

The one-year bylaw will allow for some construction, such as allowing the building of a shed or accessory building to an existing structure, but it prohibits any new development, said Thorne.

The interim control bylaw can be extended for another year to accommodate planning staff’s review.

“We have limited time in which we can get our ducks lined up,” said Stoney Creek Coun. Brad Clark.

Clark said Niagara Escarpment Commission staff have agreed with the city to discuss the issue with the Ministry of Natural Resources.

“We found there was a lack of conformity between provincial policies and our own planning policies,” said Clark. “An interim control bylaw would be prudent that will enable our staff to do a review of all these zoning policies and come forward with a plan for this area.”

— With files from Craig Campbell.

Hamilton imposes interim control bylaw on Dundas Pleasant View lands to prevent new development

News Sep 14, 2020 by Kevin Werner Dundas Star News

Hamilton councillors agreed to impose a one-year interim control bylaw on the Pleasant View area so planning staff can examine how to make the land compatible with various other agencies’ development regulations with the city’s.

“We are at a point where we need to be sure that the things are in line in order to move forward to get (the land) under development control,” said Dundas Coun. Arlene VanderBeek, who introduced the motion at the Sept. 10 special council meeting.

The Pleasant View area has been under several layers of provincial and municipal control since 1973, said VanderBeek.

“It has direct influence on what you can do,” she said.

Related Content

The bylaw and subsequent study of the area was prompted after Hamilton staff incorrectly issued a site plan approval and building permits last year to property owner Marco Zwaan, who was in the process of constructing a house on the 4.07-hectare property at 10 Newman Rd.

The approved application was contrary to Hamilton’s own official plan and zoning bylaw and it violated the provincial Niagara Escarpment Plan and an Ontario Municipal Board decision, all of which do not permit development of the property. The land can’t be rezoned without a Niagara Escarpment Plan amendment.

After the city revoked the building permit, the property owner appealed the decision in court and filed a minor variance application. The variance was denied, and the matter was settled out of court.

As part of the settlement, the city took ownership of 10 Newman Rd. and it had retained a contractor to demolition the uncompleted building.

But the incorrectly issued building permit was only one of several questionable decisions that have been made in the Pleasant View area, by the city, according to the Niagara Escarpment Commission.

For instance, earlier this year the commission raised concerns to the city after the municipality approved a tree cutting permit for a right-of-way at 711 York Rd., and in a separate decision, allowed a bylaw exemption to permit development on a 1.4-hectare lot at the same location.

The commission has been troubled by the city planning staff’s interpretation that the Niagara Escarpment Plan and a 1995 Ontario Municipal Board decision that limited development to minimum 10-hectare lots in Pleasant View do not apply to some city planning decisions.

By imposing an interim control bylaw for the Pleasant View area, Planning General Manager Jason Thorne said it will allow staff to determine whether the lands should be under Niagara Escarpment Commission development control, should be updated within the city’s zoning bylaws, or “to do both.”

Thorne said there is a need to make sure there is consistency there.

The one-year bylaw will allow for some construction, such as allowing the building of a shed or accessory building to an existing structure, but it prohibits any new development, said Thorne.

The interim control bylaw can be extended for another year to accommodate planning staff’s review.

“We have limited time in which we can get our ducks lined up,” said Stoney Creek Coun. Brad Clark.

Clark said Niagara Escarpment Commission staff have agreed with the city to discuss the issue with the Ministry of Natural Resources.

“We found there was a lack of conformity between provincial policies and our own planning policies,” said Clark. “An interim control bylaw would be prudent that will enable our staff to do a review of all these zoning policies and come forward with a plan for this area.”

— With files from Craig Campbell.

Hamilton imposes interim control bylaw on Dundas Pleasant View lands to prevent new development

News Sep 14, 2020 by Kevin Werner Dundas Star News

Hamilton councillors agreed to impose a one-year interim control bylaw on the Pleasant View area so planning staff can examine how to make the land compatible with various other agencies’ development regulations with the city’s.

“We are at a point where we need to be sure that the things are in line in order to move forward to get (the land) under development control,” said Dundas Coun. Arlene VanderBeek, who introduced the motion at the Sept. 10 special council meeting.

The Pleasant View area has been under several layers of provincial and municipal control since 1973, said VanderBeek.

“It has direct influence on what you can do,” she said.

Related Content

The bylaw and subsequent study of the area was prompted after Hamilton staff incorrectly issued a site plan approval and building permits last year to property owner Marco Zwaan, who was in the process of constructing a house on the 4.07-hectare property at 10 Newman Rd.

The approved application was contrary to Hamilton’s own official plan and zoning bylaw and it violated the provincial Niagara Escarpment Plan and an Ontario Municipal Board decision, all of which do not permit development of the property. The land can’t be rezoned without a Niagara Escarpment Plan amendment.

After the city revoked the building permit, the property owner appealed the decision in court and filed a minor variance application. The variance was denied, and the matter was settled out of court.

As part of the settlement, the city took ownership of 10 Newman Rd. and it had retained a contractor to demolition the uncompleted building.

But the incorrectly issued building permit was only one of several questionable decisions that have been made in the Pleasant View area, by the city, according to the Niagara Escarpment Commission.

For instance, earlier this year the commission raised concerns to the city after the municipality approved a tree cutting permit for a right-of-way at 711 York Rd., and in a separate decision, allowed a bylaw exemption to permit development on a 1.4-hectare lot at the same location.

The commission has been troubled by the city planning staff’s interpretation that the Niagara Escarpment Plan and a 1995 Ontario Municipal Board decision that limited development to minimum 10-hectare lots in Pleasant View do not apply to some city planning decisions.

By imposing an interim control bylaw for the Pleasant View area, Planning General Manager Jason Thorne said it will allow staff to determine whether the lands should be under Niagara Escarpment Commission development control, should be updated within the city’s zoning bylaws, or “to do both.”

Thorne said there is a need to make sure there is consistency there.

The one-year bylaw will allow for some construction, such as allowing the building of a shed or accessory building to an existing structure, but it prohibits any new development, said Thorne.

The interim control bylaw can be extended for another year to accommodate planning staff’s review.

“We have limited time in which we can get our ducks lined up,” said Stoney Creek Coun. Brad Clark.

Clark said Niagara Escarpment Commission staff have agreed with the city to discuss the issue with the Ministry of Natural Resources.

“We found there was a lack of conformity between provincial policies and our own planning policies,” said Clark. “An interim control bylaw would be prudent that will enable our staff to do a review of all these zoning policies and come forward with a plan for this area.”

— With files from Craig Campbell.