HomeMy WebLinkAbout2006-178
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2006- 178
being a by-law to authorize the execution of an amendment
to the Principles of Understanding between Halloway
Holdings Limited and the Municipality of Clarington dated
March 1, 2006
WHEREAS Halloway Holdings Limited ("Owner") and the Municipality of Clarington
entered into Principles of Understanding ("Principles") dated March 1, 2006 respecting
the development of certain lands owned by Halloway between Highway No.2, Green
Road, the planned Stevens Road extension and Clarington Boulevard ("Owner's
Lands");
AND WHEREAS the Principles provide for their unwinding in certain circumstances
specified therein one of which involves appeals being made to the Ontario Municipal
Board from the adoption or passing of, among others, proposed official Plan
Amendments 43 and 44 ("OPAs") and Zoning By-law Amendment 2006-043 ("ZBL");
AND WHEREAS appeals were made to the Ontario Municipal Board by Zellers Inc and
the Bowmanville Business Improvement Area which have been dismissed by the Board;
AND WHEREAS Loblaws Properties Limited ("Loblaws") has appealed Zoning By-law
2006-047 to the Ontario Municipal Board;
AND WHEREAS A YT Corporation ("A YI") has appealed the proposed Official Plan
Amendment 43 to the Ontario Municipal Board. Subsequently, A YT scoped its appeal
with the result that it does not relate to the OPAs or the ZBL as they apply to the
Bowmanville West Town Centre including the Owner's Lands;
AND WHEREAS it is hoped that Loblaws will scope its appeal of Zoning By-law 2006-
047 to exclude the portion of the Owner's Lands which is zoned (H) C8-4 by By-law
2006-047 and certain related lands;
AND WHEREAS the Owner has agreed that if Loblaws so scopes its appeal, the
Principles should be amended to deem the "Final Approval" of the Planning Instruments
referred to therein to occur on the day on which Official Plan Amendments 43 and 44
and Zoning By-law Amendments 2006-046 and 2006-047 as they apply to the "Owner's
Commercial Lands" (as defined in the Principles), with the exception of the portion
thereof which is zoned (H) C8-4 by Zoning By-law 2006-047, come into full force and
effect,
2
NOW THEREFORE BE IT RESOLVED THAT the Council of The Corporation of the
Municipality of Clarington enacts as follows:
1. THAT the Mayor and Municipal Clerk are authorized on behalf of the Municipality
of Clarington to execute an amendment to the Principles of Understanding
between Halloway Holdings Limited and the Municipality of Clarington dated
March 1, 2006 to accomplish the intent of the foregoing recitals of this By-law.
By-law read a first and second time this 11 th day of September, 2006.
By-law read a third time and finally passed this 11 th day of September, 2006.
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