Loading...
HomeMy WebLinkAboutPD-179-91 THE CORPORATION OF THE TOWN OF NEWCASTLE DN:KIRBY.GPA REPORT g°#°7 22 Meeting: General Purpose and Administration Committee File# Q o0b Date: Monday, July 11, 1991 Res. # B Law# Report#: PD-179-91 File#: OPA 88-107/D; DEV 88-122; 18T-90&ol Subject: ONTARIO MUNICIPAL BOARD HEARING JAMES REYNAERT/KIRBY HEIGHTS ESTATES PART LOT 15, CONCESSION 7, FORMER TWP. OF CLARKE Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-179-91 be received for information. 1. BACKGROUND Three applications have been submitted by James C. Reynaert (Kirby Heights Estates Inc . ) in relation to a 14 lot estate residential subdivision on a 15 .28 ha (37 .75 acre) property in the Ganaraska headwaters . All three have been submitted to the Ontario Municipal Board for resolution. These are: Official Plan Amendment Application to change the designation from Major Open Space (Oak Ridges Moraine) to Estate Residential. Rezoning Application to rezone the subject lands from Agricultural (A) and Environmental Protection (EP) to an appropriate zoning to implement the plan of subdivision. Plan of Subdivision Application for 14 estate residential lots . F cl -CYCL11 PAIIII IAP . LCY_ THIS 6 PRI-4 RECYCLED PAPER REPORT NO. : PD-179-91 PAGE 2 2 . OFFICIAL PLAN AMENDMENT AND REZONING APPLICATIONS 2 . 1 On July 17, 1989, the General Purpose and Administration Committee considered staff report PD-193-89 which recommended approval of the Official Plan Amendment and Rezoning applications submitted by James C. Reynaert (Kirby Heights Estates Ltd. ) . The Committee considered the staff report and recommended approval of the applications . On July 24, 1989, Council DID NOT ADOPT the Committee's recommendation; the motion lost on a tie vote. 2 .2 On April 10, 1990, Regional Council dealt with the Official Plan Amendment application. Regional Council approved the recommendation of Regional staff by adopting Amendment #233 to the Durham Region Official Plan. 2 . 3 On April 23, 1990, the SAGA Committee (Save the Ganaraska Again) requested the Minister of Municipal Affairs to refer the matter to he Ontario Municipal Board. He subsequently granted the referral request. 2 .4 On June 25, 1990, the solicitors for Kirby Heights Estates Ltd. , appealed to the Ontario Municipal Board the failure of Town Council to approve the rezoning application submitted by their client. 3. SUBDIVISION APPLICATION 3 . 1 James C. Reynaert (Kirby Heights Estates Ltd. ) submitted the related application for draft plan of subdivision to the Region on January 5, 1990 . A minor revision was subsequently submitted on May 8, 1990 . On June 4, 1990, the General Purpose and Administration Committee received staff report PD-198-90 and approved REPORT NO. : PD-179-91 PAGE 3 staff's recommendation to, among other matters, forward Conditions of Draft Approval to the Region in the event that the subdivision is approved by the Region or the Ontario Municipal Board. Council adopted this recommendation on June 11, 1990 . 3 .2 On June 21, 1990, the solicitors for James C. Reynaert requested the Commissioner of Planning for the Region of Durham to refer the draft plan of subdivision to the Ontario Municipal Board. 3 . 3 On July 11, 1991, Regional Council referred the plan of subdivision to the Ontario Municipal Board and authorized their legal staff to make representation and planning staff to appear as witnesses, if required. 4. ONTARIO MUNICIPAL BOARD HEARING A Hearing before the Ontario Municipal Board on the above matter has been scheduled for five days beginning September 23, 1991. In consideration of staff's recommendation to Committee and Council on the various applications, staff will not be in a position to attend the hearing in support of the decision of Council. Should Council wish to be represented at the Ontario Municipal Board Hearing to defend their decision, Council may direct a planning consultant and solicitor be retained. The cost of legal and planning consultant fees for the hearing is estimated to be $25,000 which has not been accounted for in the 1991 Budget. Respectfully submitted, Recommended for presentation to the Committee �J Franklin Wu, M.C. I .P. Lawr*nceE seff Director of Planning Chieative and Development Offi DC*FW*df *Attach 12 July 1991 C;i ` 6 ® SUBJECT SITE 18 17 16 15 14 13 12 11 10 9 8 OD � I i ' I ' � I I A l ; i i A l I W to I I i i l l l W 0 CONC.RD. IS EP ' ' I I t a �- I I I I w 1 I i z A A ! i o I 0 I V I 1 1 W I cn cc I i I i- i _ , I in A-7 14 i 3 ' I, W EP-3 I i V EP .A-7 A I I I EP I I O �-1 - I I V i REGIONAL RD. 9 - SEE W I ! I EP SCHEDULE '!6' (KENDAL) Z I I 0 I cn i I I in i . W I , I I CONC. RD.6 ' ' A i I a I V 0 uo 500 1000m Y MAP 500M co KE Dev. 88- 122 O.P. - 07 /D 18T90001