Town Scores Bogey: OMB gives Glenway partial go-ahead

NRU
April 2, 2014
By Edward LaRusic

The end of the first phase of an Ontario Municipal Board hearing regarding a controversial development in Newmarket on a former golf course has residents and council scrambling for a settlement.

On March 27, board member and vice-chair Susan Schiller made an oral decision regarding phase one of the Marianneville Developments Limited appeal to allow 730 dwelling units south-west of the city’s Yonge Street and Davis Drive intersection, known commonly as the Glenway
development.

The member’s decision effectively rejects the argument of the Glenway Preservation Association and Newmarket city council that the only way intensification should be allowed is through a comprehensive study with a land budget component. The Newmarket official plan envisions the area as open green space.

Marianneville legal counsel Ira Kagan (Kagan Shastri LLP) told NRU that in her decision Schiller said the town and Glenway Preservation Association “fundamentally misunderstood” the Growth Plan for the Greater Golden Horseshoe and the Provincial Policy Statement.

“[The board] found that while the PPS and the growth plan direct municipalities to identify and plan intensification areas, that does not mean that those areas are the only lands suitable for intensification, nor does it mean that the municipality should not or cannot process and evaluate private development applications on lands within the built boundary, but outside of specifically identified intensification areas.”

Kagan added that the board also found that the population forecasts and intensification targets in the growth plan, the York Region official plan and the Town of Newmarket official plan, are “all minimums, and not caps, with respect to lands within the built boundary.”

Newmarket Ward 2 councillor Chris Emanuel told NRU that the town was under the expectation that these lands would have remained a golf course, as envisioned in its 2006 official plan. Under the Marianneville proposal, the eastern half of the site would be redeveloped with residential units and the western half redesigned into an executive 9-hole golf course.

“We went through a fairly exhaustive process, including extensive public consultation, where the end result was that these lands were [designated] parks and open space. I think people had a reasonable expectation when the community was developed that this was a golf course  community—it’s how it was marketed—so [residents] were a bit disappointed that it was sold by the owner in the pursuit of development.”

Kagan said that the town and residents were essentially asking that the town, and town alone, be allowed to decide how Newmarket grew. Because the Glenway lands were within the town’s built boundaries, the matter of processing the application was essentially no different than any residential infill application, such as replacing a former school with residential units, except on a larger scale.

“If you took the town’s position to its logical conclusion, you would have to identify upfront in an [official plan] every single parcel of land within the built boundary that could be developed for residential use. And you’d have to map them somehow,” said Kagan. “Think about much work would be involved.”

Emanuel said that it was the size of the development—36.3 hectares (89.7 acres)—that warranted the town’s scrutiny.

“Our [official plan] specifically empowers developers and property owners to make [official plan] amendments. While it’s a guiding document, it’s also organic. That being said, our overall principle was, because this was such a substantive change, because of the size and scope, etcetera, that it probably warranted a town-led planning process. So it was unique in that sense.”

“We just felt that it should be town led. The board clearly disagreed.”

With phase one lost, the community and town clearly feel they would be unable to stop development from happening.

Phase two, if it goes ahead at the OMB, will involve sorting out the details of the development, such as the number of units, the location of stormwater infrastructure and roads.

The Glenway Preservation Association announced on its website that it was ceasing “engagement” with its lawyer and planner, and in a special council meeting March 31, council unanimously directed staff to “consider all options to resolve all phase two issues before the board.”

Marianneville offered to settle with the Town of Newmarket twice before the recent board hearing, including selling another Marianneville property further west to the town to be used as a park. With the latest decision it is uncertain how much room the town now has to negotiate.

“The question is, what would a phase two win look like?” said Emanuel.

He suggested that a “win” at this point in time might involve Marianneville allowing the town to purchase some of the land to be used as open space, but was unsure.

“The proponent may have no desire to settle because they won phase one. My hope is that we can find some silver lining to try and make this a whole community.”

Glenway Preservation Association president Christina Bisanz told Newmarket council at its March 31 meeting that she was thankful that council decided to fight the application and hopes that staff will take her group’s input into consideration if a settlement occurs.

“I suppose we always knew the odds were stacked against us,” she said.

A date for the board hearing on phase two of the Marianneville development has not yet been set, but Newmarket staff suggests that the hearing would possibly reconvene April 27.