Loading...
HomeMy WebLinkAbout01/06/2003 -- --it .- 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" . . ~ 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; . 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; . The potential costs to the Municipality, taxpayers and property owners for studies, OMB hearings, development delays and potential lawsuits is unwarranted; and . . . 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: . consider the site plan application excluding the one condition with respect to traffic accesses; and . 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" . . . 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" . . . 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" . . . 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"