HomeMy WebLinkAbout01/06/2003
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Council Minutes
PRAYER
ROLL CALL
Present Were:
Also Present:
MUNICIPALITY OF CLARINGTON
January 6, 2003
Minutes of a special meeting of Council
held on January 6,2003, at1 0:35 a.m.,
in the Council Chambers.
Councillor Schell led the meeting in prayer.
Mayor J. Mullon
Councillor D. MacArthur
Councillor P. Pingle
Councillor G. Robinson
Councillor J. Rowe
Councillor J. Schell
Councillor C. Trim
Chief Administrative Officer, F. Wu
Director of Engineering Services, T. Cannella
Director of Community Services, J. Caruana
Director of Emergency Services/Fire Chief, M. Creighton
Director of Planning Services, D. Creme
Solicitor, D. Hefferon
Director of Operations, F. Horvath
Director of Corporate Services, M. Marano
Director of FinancefTreasurer, N. Taylor
Municipal Clerk, P. Barrie
DISCLOSURES OF PECUNIARY INTEREST
There were no disclosures of pecuniary interest stated for this
meeting.
Resolution #C-001-03
Moved by Councillor Schell, seconded by Councillor MacArthur
THAT Joe Gerrits, Gerr Holdings Limited, and Adam Brown be
added to the agenda to be heard as delegations.
"CARRIED"
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Council Minutes
DELEGATIONS
- 2 -
January 6, 2003
Joe Gerrits, Gerr Holdings Limited, 3386 Solina Road, Courtice,
L 1 C 3K4, together with Mark Gerrits, advised that they are the
current owners of the commercial plaza at219 King Street East,
Bowmanville, which they purchased from Hendry Investments in
2001. For Council's information, they provided a brief background
of development plans and discussions with Planning staff, which
have taken place over the last three years. They strongly object to
the passage of an Interim Control By-law for the following reasons:
. Planning have been concerned about traffic issues on King
Street East for some considerable time dating back to the
Fall of 2000;
. In the intervening time frame lillle action has been
undertaken by Planning or Engineering to consider the traffic
impact in the East King Street area in spite of numerous
applications that will impact the area;
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Property owners in the area cannot act in their best
economic interests even when in compliance with existing
zoning and regulations;
. By imposing the temporary development hold for the area,
all existing proposals are automatically lumped together
rather than being judged on their own individual merit;
. The Municipality is reacting to existing proposals with the
proposed development freeze and will retroactively suspend
these applications for another two years;
. They have been delayed by two years to date in developing
this site and possibly up to four plus years in total if the
development freeze is implemented;
. They feel that they have the strongest site plan in
comparison to the other applications and will again be
frustrated by the Municipality or forced to go to the OMB
should the Planning Department not be working in the
interest of the residents;
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The potential costs to the Municipality, taxpayers and
property owners for studies, OMB hearings, development
delays and potential lawsuits is unwarranted; and
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Council Minutes
DELEGATIONS
- 3 -
January 6, 2003
. They feel that it is unfair, unreasonable and prejudicial to
their success to freeze development of their property at219
King Street East.
Adam Brown, 5075 Yonge Street, Suite 900, Toronto, M2N 6C6,
addressed Council on behalf of his client who is the owner of the
property located at the corner of St. George and King Streets that
presently houses the Kentucky Fried Chicken and Pizza Hut sites.
During the approval process for this site, traffic issues were never
raised by the municipality. Mr. Brown advised that the site plan
process deals with traffic on the subject property, however, during
the approval of this site, his client went beyond the requirements of
the Planning Act and submilled an Area Traffic Study to the
municipality. He advised that other applicants must now deal with
traffic issues during their rezoning processes. Mr. Brown requested
that Council:
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consider the site plan application excluding the one condition
with respect to traffic accesses; and
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not include his client's land in the Interim Control By-law.
Resolution #C-002-03
Moved by Councillor Trim, seconded by Councillor Schell
THAT the meeting be "closed" in order to hear a verbal confidential
report of the Solicitor pertaining to legal mailers on this subject.
"CARRIED"
Resolution #C-003-03
Moved by Councillor Schell, seconded by Councillor Rowe
THAT the verbal report of the Solicitor pertaining to legal mailers
regarding Report PSD-008-03 be received.
"CARRIED"
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Council Minutes
REPORTS
BY-LAWS
-4-
January 6, 2003
Resolution #C-004-03
Moved by Councillor Schell, seconded by Councillor Trim
THAT Report PSD-008-03 be received;
THAT staff be authorized to undertake a review or study of land use
planning policies in the proposed study area of the King Street East
corridor (shown on Allachment1 to Report PSD-008-03);
THAT staff be authorized to take all appropriate steps to implement
this report and report back to Council when considered appropriate;
THAT the Interim Control By-law contained in Allachment2to
Report PSD-008-03 be amended by replacing the term "drive-thru
restaurant" in Section 2 with the term "drive-thru facility" and adding
a definition of drive-thru facility to mean "a building, structure, or
part thereof where anyone or more of beverages, food, goods or
services are offered to the public within a parked or stationary
motor vehicle by way of a service window or in a similar fashion";
THAT the Interim Control By-law, as amended be passed; and
THAT notice of the passing of the Interim Control By-law be given
in accordance with Subsection 38(3) of the Planning Act, R.S.O.
1990, c.P. 13, as amended.
"CARRIED"
Resolution #C-005-03
Moved by Councillor MacArthur, seconded by Councillor Pingle
THAT leave be granted to introduce By-law 2003-01, being an
Interim Control By-law passed pursuant to Section 38 of the
Planning Act, R.S.O. 1990, c.P.13, as amended, and that the said
by-law be now read a first and second time.
"CARRIED"
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Council Minutes
BY-LAWS
- 5 -
January 6, 2003
Resolution #C-006-03
Moved by Councillor MacArthur, seconded by Councillor Ping Ie
THAT the third and final reading of By-law 2003-01, be approved.
"CARRIED"
CONFIRMING BY-LAW
Resolution #C-007-03
Moved by Councillor MacArthur, seconded by Councillor Pingle
THAT leave be granted to introduce By-law 2003-02 being a
by-law to confirm the proceedings of the Council of the Municipality
of Clarington at this special meeting held on the 6th day of
January 2003, and that the said by-law be now read a first and
second time.
"CARRIED"
Resolution #C-008-03
Moved by Councillor MacArthur, seconded by Councillor Pingle
THAT the third and final reading of By-law 2003-02 be approved.
"CARRIED"
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Council Minutes
ADJOURNMENT
- 6-
January 6, 2003
Resolution #C-009-03
Moved by Councillor Schell, seconded by Councillor Robinson
THAT the meeting adjourn at 11 :23 a.m.
"CARRIED"