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 .
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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
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