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HomeMy WebLinkAbout2006-004 MUNICIPALITY OF CLARINGTON BY-LAW 2006-004 Being a by-law to authorize the execution of Minutes of Settlement between Wiggers Custom Yachts Limited, Port Darlington Harbour Company and the Municipality of Clarington WHEREAS Council has received a verbal report from the Municipal Solicitor recommending approval of Minutes of Settlement of certain issues between Wiggers Custom Yachts Limited, Port Darlington Harbour Company and the Municipality of Clarington that otherwise likely would have resulted in litigation between the parties; NOW THEREFORE, the Council of The Corporation of the Municipality of Clarington enacts as follows: 1. The Mayor and Municipal Clerk on behalf of The Corporation of the Municipality of Clarington are authorized to execute Minutes of Settlement between the Municipality of Clarington and Wiggers Custom Yachts Limited, Port Darlington Harbour Company. By-law read a first and second time this 16th day of January, 2006. By-law read a third time and finally passed this 16th day of January, 2006. ~~ John. utton, Mayor , Municipal Cfed( ~ - _ _ _ _ - ~ ~ ... - - - j I! ~ v~ ) ? . Joint Boa~ CUe No. 04-164 OMI c.e No. PLOI0222 IN THI! MATTER OF the Consolidated He8rings Act, R.S.C. 1990, c.C.29, as amended; and IN THE MAnER OF appeals by Glen Ransom and Wiggers' Custom Yachts Limited and The Port Darlington Harbour Company to the Ontario Municipal BoIrd under subsection 11(36) of the Planning Act, R.B.C. 1990, c.P.13, 8S amended from the adoption by The Corporation of the Municipality of Clarington of Amendment No. 39 to the OffIcIal Plan for the Municipality of Clarington; and IN THE MA TT!R OF an application by The Corporation of the Municipality of Clarington for approval to expropriate certain land owned by Glen Ransom and comprising the landS knoWn for munlclpal purposes 18 68 East Beach Road, Bowmanville. for the purposes of a district park Who has requested an inquiry under subsection 6(2) of the Expropriations Act, R.S.O. 1990, c.E.26, 88 amended into whether the proposed taking of this land II talr, sound and reasonably necessary In the achievement of the objectives of the expropriating authority; and IN THE MA TrER OF an appllc8tton by The CorporatiOn of the Municipality of Clarlngton for approval to expropriate certain land owned by The Port Darlington Harbour Company comprising Parts 8 and 10, Broken Front Concession, former Town of Bowmanville, now In the Municipality of Clarlngton for the purposes of a district park which hIS requested an inquiry under subsection 6(2) of the Expropriations Act, R.S.O. 1980, c.E.28, as amended into whether the proposed taldng of theBe lands 18 fair, sound and reasonably necessary in the achievement of the objectives of the expropriating authority. MINUTES OF SETTLEMENT WHEREAS; A Wipers Custom Yachts Limited ("Wiggers") is the owner of the lands and premises known for municipal purposes in 2006 as 125 Port Darlington Road, Bowmanvillej B. The Port Darlington Harbour Company ("Harbour Company") is the owner of certain lands located on the easterly side of the BowmanvUlc Creek which are marked "P.D.H.C." on the map attached hereto set out under Tab 1 of the Municipality ofClarington's Document Book for the Pre- Hearing Conference dated November 22, 2005 respecting the above matters \'p .D.H.C. Lands"). The Document Is marked Exhibit 1 to those proceedings.); C. Wiggers and the Harbour Company have appealed under subsection 17(36) of the Planning Act ("Appeal") the Municipality ofClarington's ("Municipality") adoption of Amendment No. 39, as amended by the Municipality's By-laws Nos. 2005-070 and 2005-101 to the Municipality's Official Plan ("OP A 39, as amended"); , ". 2 Joint Board Ct.. No. Q4.114 OMI C... No. PL0502Z2 O. The Municipality. Wiggers and the Harbour Company wish to resolve their differences regarding OPA 39, as amended in order to avoid contesting them at the hearing before the Joint Board, NOW THEREFORE in consideration of the mutual covenants contained herein, the Municipality, Wigen and the Harbour Company covenant and agree as follows: 1.0 ;tWo..tio. of ADpeIIs 1.1 'The Municipality, Wiggers and the Harbour Company agree that the appropriate resolution by the Joint Board oCthe Appeals would be for the Joint Board to grant their requests set out below in section 2.0 with respect to modifications to and approval of OP A 39, as amended and in 3.2 respecting the Second Phase of the Hearina. 1.2 The Municipality. Wiggers and the Harbour Company will tcndcrthese Minutes to the Joint Board, will present them in positive terms, and will actively cooperate to promote acceptance by the Joint Board of these Minutes the approval by the Joint Board ofOP A 39, as amended as further modified in accordance with these Minutes. 1.3 The Municipality. Wiggers and the HBrbour Company will not call any evidence or advance any argument inconsistent with the letter and spirit ofthcse Minutes ofScttlcmcnt, and OP A 39, as amended, as further modified in accordance with these Minutes. 1.4 The Municipality will call such evidence and advam::e such arguments as are required to support these Minutes and OPA 39, as amended and as proposed to be further modltled in accordance with these Minutes. The Municipality will also oppose any evidence and arguments as may be presented by any other person at the hearing before the Joint Board whicb are inconsistont with the letter or spirit of these Minutes, and the t\lrther modifications to OP A 39, as amended which are provjdecl for in these Minutes. 2.0 Farther M!!!IitjeatioDl of 0' A 39. .. AIDe.ded 2.1 The parties have agreed to settle the First Phase of the Hearing (without prejudice to any position which they may take in Phase Two of the Hearing) as set out in the following further modifications to OP A 39 as amended: Amend section 4.4 of OP A 39, as amended by deleting the last sentence thereof and replacing it with the following: 'The designations Village Commercial and Waterfront Greenway abuning the north and south limits of East Beach Road for a distance of approximately 240 metres cast of the easterly limit of Port Darlington Road may be moved approximately 45 metres to the north .. , i 3 Joint Board Cae No. 04-114 OMS Cat No. PLO&0222 so that they will continue to abut the nortb and south limits of 'this section of East Beach Road as it may be relocated.' Add a new section 11.8 to OP A 39, as amended. as follows: Any reconfiguration andlor reoonstruction of Port Darlington Road betWeen its interseCtion with Bast Beach Road as it may be relocated, north to the southerly limit of the intencction of Port Darlington Road with West Beach Road, shall reflect the function of this section of Port Darlington Road as an industriaVcommcrciallocal road. 3.0 OtIIer Matten 3.1 The Municipality aoknowledge& and aarccs with the other parties to these Minutes of Settlement that as a result of chanps made to the Port Darlington Waterfront Conceptual Master Plan East Beach by Council's adoption of the recommendations contained in Addendum to Report#EGD-SO-04 on November 14,2005 (which removed P.D.H.C. Lands on the easterly side of the Bowmanville Creek as part of the proposed park), that the Municipality will not exercise its power of expropriation of such land until they cease to be used in connection with the existing yacht buildlnl, repair and storage of yachts use of 125 Port Darlington Road, Bowmanville by Wiggers Custom Yachts Limited or by a successor in title of Wiggers Custom Yachts Limited. 3.2 The parties agree to request the Joint Board not to fix a date for the commencement of the second Phase of the Hearine of the above matters and that the date and other procedural matters will be established at a further pre-hearing conference to be held in the spring. 3.3 The Municipality agknowledges that sections 8(2) of 13 of the Port Darlington Neighbourhood Secondary Plan allow the Municipality to pass a by-law to pennit the marine uses currently conducted on the P.D.H.C. Lands on the east side ofBowmanville Creek. Such uses are provided under the Waterfront Greenway designation of the lands in the Secondary Plan. The lands in question are zoned EP at the present time. 3.4 Any of the parties to these Minutes is free to request the Joint Board to make an order for the payment of its costs in respect of the First Phase or the Hearing at the conclusion of the Second Phase of the Hearing. Any party is free to contend in response to an application for costs that an order for costs respecting the First Phase of me Hearing should not be made by the Joint Board, or if it is made, that particular costs that may be claimed should not be awarded. 4.0 Condition 4.1 These Minutes of Settlement will be recommended for approval to the Municipality's Council at its next regular meeting on January 16,2006. They are conditional on the Council approving them at that time and authorizing the Municipality's solicitor to sign them. .. . .. " i 4 Joint Board ea.. No. 04-164 OMS e... No. PLD50222 4.2 These Minutes of Settlement may be signed in counterpart. DATED at , this 4 day of January. 2006. THE CORPORATION OF THE MUNICIPLALITY OF CLARINGTON By its solicitor ~ Dennis Hefferon WIGGERS CUSTOM Y ACHTSLIMJTED By itlsoUcIt , J THE PORT DARLINGTON HARBOUR COMPANY By Its soliei ** TOTAL' .p~e6-;~--"