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HomeMy WebLinkAboutPSD-010-06 .A Report II 2 CJggjpn REPORT PLANNING SERVICES Meeting: COUNCIL Date: Monday, January 30,2006 Report #: PSD-010-06 File #: COPA 2004-005 By-law #: C. --- r,l3Q ~ 0 6 Subject: JOINT BOARD DECISION ON PHASE 1 APPEAL INVOLVING OFFICIAL PLAN AMENDMENT 39 TO PORT DARLINGTON NEIGHBOURHOOD SECONDARY PLAN AND THE APPLICATIONS FOR APPROVAL TO EXPROPRIATE 66 EAST BEACH ROAD AND THE WEST BEACH LANDS OWNED BY PORT DARLINGTON HARBOUR COMPANY RECOMMENDATIONS: It is respectfully recommended to Council the following: . 1. THAT Report PSD-01 0-06 be received for information. Submitted by: D id Crome, M.C.J.P., R.P.P. Director of Planning Services Reviewed by: U ~-Q-4Jl~ Franklin Wu, Chief Administrative Officer FLlDJC/df 20 January 2006 CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 /. .' REPORT NO.: PSD-010-06 PAGE 2 1.0 BACKGROUND 1.1 In October 2004, Council authorized staff to initiate the expropriation process for 66 East Beach Road owned by Glen Ransom and the West Beach property owned by The Port Darlington Harbour Company as well as certain other properties in Port Darlington Neighbourhood. In December 2004, Council adopted Official Plan Amendment 39 (OPA 39) to the Clarington Official Plan to amend the Port Darlington Neighbourhood Secondary Plan to permit the relocation of the westerly 240 metres of East Beach Road about 45 metres to the north. Objections to the Official Plan amendment were submitted on behalf of the owners of 66 East Beach Road, The Port Darlington Harbour Company and Wiggers Custom Yachts Limited. They appealed OPA 39 to the Ontario Municipal Board. 1.2 Council approved amendments to OPA 39 through the passing of By-laws 2005-070 and 2005-101. The amendments attempted to address the concerns of the appellants. Council approved at their meeting of January 16, 2006 Minutes of Settlement with Wiggers Custom Yachts Limited and The Port Darlington Harbour Company (Attachment 1). The Minutes recommended further modifications to OPA 39 to respond to other concerns of The Port Darlington Harbour Company and Wiggers Custom Yachts Limited. 1.3 The purpose of this report is to outline the verbal decision of the Joint Board at the conclusion of the hearing on January 17, 2006. 2.0 CONSOLIDATED HEARING AND DECISION 2.1 The Council approved Minutes of Settlement were presented to the Joint Board Member, Mr. Malcolm Stockton. At the conclusion of the hearing Mr. Stockton gave a verbal decision approving OPA 39, as amended, and as proposed to be further modified by the Minutes of Settlement. 2.2 OPA 39 as amended and modified will allow the movement of East Beach Road 45 metres to the north for the westerly 240 metres, the existing East Beach Road will remain in its existing alignment for the east 100 metres to serve the existing residents, as set out in the approved concept plan for the east portion of the District Park (Attachment 2). The land uses on either side of the relocated East Beach Road will continue to be designated as Village Commercial and Waterfront Greenway, respectively. 2.3 At the hearing, Mr. Stockton also fixed April 12 and 13 for the Hearing of Necessity for 66 East Beach Road and approved a procedural order for it. A further procedural order will be issued at the conclusion of this Hearing regarding the dates for a Hearing of Necessity for The Port Darlington Harbour Company's West Beach property, should a settlement not be reached by the parties prior to then. REPORT NO.: PSD-010-06 PAGE 3 2.4 We will report to Council further on the proposed expropriations of 46 and 50 East Beach Road when the Joint Board's written Decision and Order has been issued. Attachments: Attachment 1 - Minutes of Settlement Attachment 2 - Approved Concept Plan for the East Beach portion of the Port Darlington Waterfront District Park List of interested parties to be advised of Council's decision: Glenn Ransom Maria and Alvarina DeLemos Cauchon/Abugara Port Darlington Harbour Company Port Darlington Community Association Kevin Taylor Rose Savage Scott Lumley Chris Williams Stephen Waque Shane Raymon Gordon White Gary Cole Mavis Carlton Bert Hutchinson Attachment 1 . To Report PSD-010-06 . Joint Boar~ Case No. 04-164 OMB Case No. PL060222 IN THE MATTER OF the Consolidated Hearings Act. R.S.O. 1990, c.C.29, as amended; and IN THE MAnER OF appeals by Glen Ransom and V\liggers' Custom Yachts Limited and The Port Darlington Harbour Company to the Ontario Municipal Board under subsection 17(36) of the Planning Act, R.S.O. 1990, c.P.13, as 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 MATTER 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 municipal purposes as 66 East Beach Road, Bowmanville. for the purposeli of a district park who has requested an inquiry under subsection 6(2) of the Expropriations Act, R.S.O. 1990, c.E.26, as amended into whether the proposed taking of this land is fair, sound and reasonably necessary in the achievement of the Objectives of the expropriating authority; and IN THE MATTER OF. an application by The Corporation of the Municipality of Clarington for approval to expropriate certain land owned by The Port Darlington Harbour Company comprising Parts 9 and 10, Broken Front Concession, former Town of Bowmanville, now in the Municipality of Clarington for the purposes of a district park which has requested an inquiry under subsection 6(2) oithe expropriations Act, R.S.O. 1990, c.E.26, as amended into whether the proposed taking of these lands is fair, sound and reasonably necessary in the ~chievement of the objectives of the expropriating authority. MINUTES OF SETTLEMENT WHEREAS: A Wiggers Custom Yachts Limited ("Wiggers") is the owner of the lands and premises known for municipal purposes in 2006 as 125 Port Darlington Road, Bowmanville; B. The Port Oar! ington Harbour Company ("Harbour Company") is the owner of certain lands located on the easterly side of the Bowmanvil1e 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 of Clarington's ("Municipality") adoption of AmendrnentNo. 39, as amended by the Municipality's By-laws Nos. 2005-070 and 2005-101 to the Municipality's Official Plan ("OPA 39, as amended"); 2 Joint Board Cap No. ()4.164 OMB Case No. PL050222 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 TIJEREFORE in consideration of the mutual covenants contained herein, the Municipality, Wiggers and the Harbour Company covenant and agree a$ follows: 1.0 Resolution of AODeals 1.1 The Municipality, Wiggers and the Harbour Company agree that the appropriate resolution by the Joint Board of the 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 ofOPA 39. as amended and in 3.2 respecting the Second Phase of the Hearing. 1.2 The Municipality, Wiggers and the Harbour Company will tender these 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 Jo iot Board of OP A 39, as amended as further modified in accordance with these Minutes. 1.3 The Municipality, Wiggers and the Harbour Company will not call any evidence or advance any argument inconsistent with the letter and spirit of these Minutes of Settlement, and OP A 39, as amended, as further modified in accordance with these Minutes. 1.4 The Municipality will call such evidence and advance such arguments as are required to support these Minutes and OP A 39, as amended and as proposed to be further modified 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 which are inconsis~nt with the letter Of spirit of these Minutes, and the further modifications to OPA 39, as amended which are provided for in these Minutes. 2.0 Further Modificatiolls of OF A 39. as Amended 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 OPA 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 abutting the north and south limits of East Beach Road for a distance of approximately 240 metres east of the easterly limit of Port Darlington Road may be moved approximately 45 metres to the north 3 Jo\nt Board Case No. 04-164 OMS Cas. No. PLOG0222 so that they will continue to abut the north and south limits of this section of East Beach Road as it may be relocated.' Add a new section 11.8 to OPA 39, as amended, as follows: Any reconfiguration andlor reconstruction of Port Darlington Road between its intersection with East Beach Road as it may be relocatedf north to the southerly limit of the intersection of Port Darlington Road with West Beach Read, shall reflect the function of this section of Port Darlington Road as an industrial/commercial local road. 3.0 Other Matten 3.1 The Municipality acknowledges and agrees with the other parties to these Minutes of Settlement that as a result of changes made to the Port Dad ington 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.RC. 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 building, repair and storage of yachts use of 125 Port Darlington Road, BowmanviUe 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 Hearing 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 acknowledges that sections 8(2) of 13 of the Port Darlington NeighboUl'hood 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 of 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 0 f the 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 ~ndition 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. 4 Joint Board Case No. 04-164 OMS Cast No. PL05C222 4.2 These Minutes of Settlement may be signed in counterpart. DATED at )( h . . jJ/t-- this $ day of January. 2006, i ~ l . l- '" ; I THE CORPORATION OF THE MUNICIPLALITY OF CLARINGTON By its solicitor (\. lfL l Dennis Hefferon WIGGERS CUSTOM Y ACHTSLIMITED By its solicit / THE PORT DARLINGTON HARBOUR COMP ANY By Its soliel r. L I Chrlstop er Willlams ** TOTAL .P~6-~~--. . . . ;i !~ I . ~ .~ · A g :~i~!! ;I~!U ~ . I I i; Ip -i 0 ~~ ;: I~~ ~ h a:: .~ .i: ~ !I < I~~ !;h I- ~... Z 0 W ~ ~ . ~ ! ii i ii < 'U ~I at L ~ Dh ..J 1.~lI I Jml i L.. 0--, a. 0 0:: 0::1-- W Z I-- 0 <(u :;: --T-:i-----------! : ~ D I~ ! ! I I Ul . I. I I I :::J Ul .1 ~~ I U I-- I: ~i :c UlU 0::<( Wr <.:l <.:l I I r------j ,,// I -" I /" I / I Ii 1 3 3 ~ :) ,I ! b ~ .. 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