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HomeMy WebLinkAboutPD-123-99 Addendum ....,-" ,,-? THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File # Date: Monday, November 15,1999 Res. # 0/#-/35)-r9 Report #: ADDENDUM TO PD-123-99 File #: PLN 2.4.1.5 By-law # Subject: APPEAL TO THE CITY OF OSHAWA ZONING BY-LAW 98-99 FOR FIRST PROFESSIONAL MANAGEMENT INC. PROPOSAL CITY OF OSHA W A - NORTHEAST CORNER OF HARMONY ROAD AND TAUNTON ROAD FILE NO.: PLN 2.4.1.5 Recommendations: It is respectfully recommended that the General Purpose. and Administration Committee recommend to Council the following: 1. THAT Addendum Report PD-123-99 be received; 2. THAT the Mayor and Clerk be authorized by Council to submit a notice of appeal of Zoning By-law 98-99 as approved by the City of Oshawa Council for the First Professional Management Inc. development proposal forthwith; 3. THAT funds for the appeal be taken from the Planning Department's Miscellaneous Account # 7702-X-299; 4. That staff and the Municipality's solicitor be authorized to take all actions necessary to protect the Municipality's interest. 1. BACKGROUND 1.1 Report PD-123-98, as prepared for the November 1, 1999 General Purpose and Administration Committee agenda, outlined the Planning Department's concerns regarding the proposed First Professional Management Inc. commercial development at the northeast comer of Harmony and Taunton Roads. The Region of Durham has not made a decision on the Official Plan Amendment application. ':?"..";. .,<~~,.(''' . -~ ~ ADDENDUM REPORT PD-123-99 PAGE 2 1.2 On October 18, 1999, the City of Oshawa Council approved By-law 98-99 that rezoned the First Professional Management Inc. property permitting the 578,950 sq. ft. retail commercial proposal. Staff was not aware of the rezoning approval at the time of the writing of the original report. To protect the Municipality's interest in this matter, it is important to appeal the zoning by-law. 1.3 Staff will report back on the potential costs of retaining consultants to mount a defense at a future date. 2. RECOMMENDATION 2.1 In order that the Municipality's interests are protected, it is recommended that Council authorize the appeal of Zoning By-law 98-99 to the Ontario Municipal Board. Respectfully submitted, Reviewed by, u {~~.~C0~ Franklin Wu, M.C.I.P., R.P.P., Chief Administrative Officer RH*DJC*cc November 15, 1999