HomeMy WebLinkAboutPD-83-97THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
DN: PRE- HEAR.GPA
REPORT
Meeting: General Purpose and Administration Committee
Ic—pi—I
Date: Monday, June 16, 1997 File #
Res.
#C IL
Report #: PD -83 -97 File ?2_-.t2-.4-,-PtN-32.12.5, N 32.12, PLN 32.12.1, PLN 32.12.2, P _ 12.3,LN
Subject;
PLN 32.12.6 & PL . tp---
ONTARIO MUNICIPAL BOARD PRE - HEARING CONFERENCE
CLARINGTON OFFICIAL PLAN
FILES: PLN 32.12; PLN 32.12.1; PLN 32.12.2; PLN 32.12.3; PLN 32.12.4; PLN
32.12.5; PLN 32.12.6; PLN 32.12.10
Recommendations:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD -83 -97 be received;
2. THAT the Clerk be authorized on behalf of the Municipality to appeal to the
Ontario Municipal Board, pursuant to Section 17(33) of the Planning Act (Bill 163),
from the failure of the Region of Durham to deal with Section 15.3.4 and Section
15.3.7 of the Clarington Official Plan; and
3. THAT a copy of this Staff Report and Council's decision thereto be forwarded to
the Region of Durham Solicitor's Department and the Region of Durham Planning
Department.
1. BACKGROUND
1.1 On Thursday, June 5, 1997, the Ontario Municipal Board (OMB) held a pre -
hearing conference in respect of the six referral requests and the one appeal to
the Clarington Official Plan. The purpose of the pre- hearing conference was to
deal with preliminary and procedural matters for the actual hearing, including:
• the identification of parties and participants for each referral
• the identification of issues for each referral
• the commencement date for the hearing
• the expected time required to hear each of the referrals.
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1.2 A second pre - hearing conference was scheduled for Friday, June 6, 1997 to deal
specifically with the outstanding referral to the Durham Regional Official Plan
(Referral # 16) submitted by Mosport Park Limited, and the associated appeal to
the Clarington Official Plan and By -law 95 -88. The resolution of the various
matters related to Mosport Park is discussed in Section 5 of this Report.
2. IDENTIFICATION OF PARTIES AND PARTICIPANTS
2.1 The Municipality, of course, will have party status for all matters heard by the
OMB related to the Clarington Official Plan. This enables the Municipality to
submit evidence and to cross - examine witnesses. The Region's solicitor advised
that the Region will not be seeking party status at the hearing.
2.2 Attachment No. 1 provides a summary of the persons who advised the OMB of
their interest in the various referrals to the Clarington Official Plan, as well as the
location and issues related to each of the referrals.
3. HEARING SCHEDULE
3.1 The OMB has set Tuesday, September 30, 1997 for the commencement of the
hearing. The OMB will sit for 12 days between that date and Friday, October 17,
1997. The first two hearing days have been allocated to permit the Municipality
to present evidence of a general non - controversial nature which is applicable to
all referrals. This evidence will include such matters as background to and
content of the Official Plan.
3.2 The hearings in respect of Referral # 4 (Cliff Curtis) and Referral # 2 (Otto
Provenzano) are scheduled to be heard in that order immediately after the
presentation of the general evidence.
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PAGE 3
3.3 The OMB has scheduled a further two weeks of hearing, from Monday November
17 to Friday November 24, 1997. A second pre- hearing conference will be held
on November 17 to deal with Referral # 3 (Claret Investments Limited and
Rexgate Holdings Limited) and Referral # 5 (Aggregate Producers' Association
of Ontario). At that time, the issues related to these two referrals, as well as the
time required to hear each referral, will be determined. The Board has indicated
that the actual hearings for Referrals 3 and 5 will likely proceed in that order in
early 1998.
3.4 This second pre- hearing will also permit the OMB to deal with any applications
to consolidate other matters to the hearings for Referrals 3 and 5. With respect
to Referral # 3, it is anticipated that Claret Investments will seek to consolidate the
various development applications submitted for their proposed subdivisions in the
Hancock Neighbourhood. The OMB will also be able to deal with the possible
consolidation of an appeal on Sections 15.3.4 and 15.3.7 to the hearing for
Referral 5. This latter issue is discussed in Section 4 of this Report
3.5 On the completion of the pre- hearing, the OMB will use the balance of the hearing
time in November to complete the hearing for Referral 2, if necessary. The
hearings for Referral # 1 (Cornish and Leaver) and Referral # 6 (North Lake
Estates Ltd. et al) will also proceed at this time if resolutions are not reached
through current settlement negotiations.
4• APPEAL OF DEFERRED AGGREGATE POLICIES
4.1 Regional Council, at the time it approved the Clarington Official Plan, deferred
consideration of Section 15.3.4 and Section 15.3.7. Section 15.3.4 prohibits
aggregate extraction in the Ganaraska headwaters, while Section 15.3.7 sets out
the study requirements for aggregate extraction applications.
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PAGE 4
4.2 Planning Staff have discussed the matter of the deferred policies with the
Municipality's solicitor. The solicitor has agreed that the Municipality should seek
to have the consideration of these policies joined to the hearing related to Referral
# 5 to the Clarington Official Plan. This will avoid the necessity of a second OMB
hearing with respect to only these policies.
4.3 Staff note that the Region, by deferring Sections 15.3.4 and 15.3.7, has failed to
issue a Notice of Proposed Decision with respect to these sections. Section
17(33) of the Planning Act (Bill 163) permits any person or public body to appeal
to the Ontario Municipal Board if an approval authority fails to give notice of a
proposed decision on a plan or part of a plan within 150 days. The opportunity
is therefore available to the Municipality to appeal the failure of the Region to deal
with Sections 15.3.4 and 15.3.7.
5. MOSPORT PARK LIMITED
5.1 There were three outstanding matters before the Ontario Municipal Board related
to Mosport Park, as follows:
0 Referral No. 16 to the Durham Regional Official Plan, submitted by Mosport
Park Ltd., regarding Section 15.3 (j) of the Plan and the associated
designation on Map A5
0 Appeal No. 1 to the Clarington Official Plan, submitted by Mosport Park
Entertainment Corporation, regarding Section 16.2.2 and the associated
designation on Map Al
0 Appeal submitted by Mosport Park Entertainment Corporation against
Clarington Zoning By -law No. 95 -88.
5.2 International Motorsports Speedway Group (IMSG) has entered into a 20 year
lease agreement with the Mosport Group of companies to become the exclusive
occupant of Mosport Park. By letter dated June 5, 1997 to the Minister of
� (I PS
Municipal Affairs and Housing, the solicitor for IMSG requested the Ministry to
take back Referral # 16 to the Regional Plan and to approve Section 15.3 (j) (see
Attachment No. 2).
5.3 IMSG's solicitor also sent letters, dated June 5, 1997, to the Ontario Municipal
Board, withdrawing the appeals on the Clarington Official Plan and By -law 95 -88
(see Attachments Nos. 3 and 4 respectively). Mosport Park Limited, Mosport Park
Entertainment Corporation Limited and the North Clarington Ratepayers
Association Inc. have also submitted letters concurring with the actions of IMSG
(see Attachment Nos. 5, 6, and 7 respectively).
5.4 A telephone pre- hearing conference was held by the OMB on June 6, 1997
respecting the three matters before the Board. The OMB indicated that, upon
receipt of a letter from the Minister of Municipal Affairs and Housing stating that
he had resumed jurisdiction over the provisions of the Regional Plan included in
Referral # 16, the Board would return the matter to the Minister. The Minister's
office has advised that the Minister's letter would be forwarded to the Board
without delay.
5.5 With respect to Appeal # 1 to the Clarington Official Plan, the Board will return the
policy in question to the Region. Regional Planning Staff will recommend a
Notice of Proposed Decision to Regional Council before the summer recess. With
respect to the appeal to By -law 95 -88, the Board has ordered that the appeal be
dismissed. Accordingly, the By -law is now in force.
6. CONCLUSION
The Board Member indicated at the pre- hearing that she will issue a
Memorandum of Disposition to confirm the directions provided by the OMB at the
pre - hearing.
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REPORT • 'D PAGE 6
Planning Staff and Legal Counsel will continue to keep Committee and Council
apprised of matters related to the OMB hearing for the Clarington Official Plan.
Respectfully submitted,
Franklin Wu, M.C.I.P., R.P.P.,
Director of Planning
and Development
JAS *DC *FW *cc
Attachments
Reviewed by,
— 4Y&2��
W. H. Stockwell
Chief Administrative
Officer
No.1 Referrals to the Clarington Official Plan - Parties and Participants
No. 2 Withdrawal of Referral Request for Referral 16 to Regional Official Plan
No. 3 Withdrawal of appeal on Clarington Official Plan
No. 4 Withdrawal of appeal on By -law 95 -88
No. 5 Letter of concurrence from Mosport Park Limited regarding Referral 16
No. 6 Letter of concurrence from Mosport Park Entertainment Corp. regarding Appeals
No. 7 Letter of concurrence from North Clarington Ratepayers Association
June 9, 1997
Interested parties to be notified of Council and Committee's decision:
Mr. Andrew Allison
Assistant Regional Solicitor
605 Rossland Road East
P.O. Box 623
Whitby, Ontario L1 N 6A3
Mr. Alex Georgieff
Region of Durham Planning Department
Box 623
1615 Dundas Street East
4th Floor Lang Tower, West Building
Whitby, Ontario L1 N 6A3
6/0
Attachment No. 1
Referrals to the Clarington Official Plan
Parties and Participants
Referral
Referent
I Parties /Participants
1
Geraldine Cornish, Edward Cornish,
None
Edward Leaver, George Leaver
Legal Counsel - Joseph Victor
2
Otto Provenzano
Courtice Baptist Church
Legal Counsel - Allan Heisey
3
Claret Investments & Rexgate
None
Holdings Limited
Legal Counsel - David Smith
4
Cliff Curtis
Roman Catholic Separate School
Legal Counsel - Michael Fowler
Board
Faith United Church
Bruno Herilaid
5
Aggregate Producers' Association
SAGA and STORM
of Ontario
Ganaraska Region Conservation
Legal Counsel - Wayne Fairbrother
Authority
6
North Lake Estates Limited, Bennett
Public School Board
Estates Inc. and Bennett
Developments Inc.
Legal Counsel - Barry Lipson
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ATTACHMENT #1A
LOT 17 LOT 16 LOT 15 LOT 14 LOT 13 LOT 12
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^\ I I 96 -014
REFERRAL REQUEST NO. 1
GERALDINE CORNISH, EDWARD LEAVER, GEORGE LEAVER
3425 Regional Road 57, Bowmanville
Matters Requested to be Referred:
• Land Use designation on Map A3
• Tableland Woodlot on Map C1
Population of Northglen Neighbourhood on Map E2
• Population Target for Bowmanville on Table 5 -1
• Housing Target for Northglen Neighbourhood and Bowmanville on Table
9 -2
672
ATTACHMENT #1 B
LOT 30 LOT 29
NAS ROAD
REFERRAL REQUEST NO. 2
OTTO PROVENZANO
1678 Highway No. 2, Courtice
Matters Requested to be Referred:
• Land Use designation on Map A2
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ATTACHMENT #1 C
LOT 30 LOT 29 LOT 28 LOT 27
REFERRAL REQUEST NO. 3
COURTICE HEIGHTS DEVELOPMENTS
Hancock Neighbourhood, Courtice
Matters Requested to be Referred;
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• Population of Hancock Neighbourhood on Map E1
® Housing Target for Hancock Neighbourhood and Courtice on Table 9 -2
® Section 140, specifically minimum setback of 5 metres from natural
features designated as Environmental Protection Area.
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ATTACHMENT #1 E
REFERRAL REQUEST NO. 5
AGGREGATE PRODUCERS ASSOCIATION OF ONTARIO
Matters Requested to be Referred:
• All of Section 4.2
• Sections 4.3.7 and 4.3.8
• All of Sections 4.4, 4.5 and 4.7
• Sections 12.5.2(g), 12.6.3 and 14.2.4
• All of Sections 14.4 and 14.6
• All of Sections 15.1, 15.2 and 15.3 with specific reference to Sections
15.3.2, 15.3.4, 15.3.4, 15.3.5, 15.3.7 and 15.3.9
® Sections 23.2.6 and 23.7.1
• The definition of wetlands in 24.12
• The land use designations of "Environmental Protection Areas ",
"Greenspace" and "Oak Ridges Moraine" as shown on Map A
• All of Map C - Natural Features and Land Characteristics
676
ATTACHMENT #1 F
LOT 8 LOT 7 LOT 6 LOT 5
Mgcpo
NALD.,
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THIGH` -L
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96 -016
REFERRAL REQUEST NO. 6
NORTH LAKE ESTATES INC., BENNETT ESTATES INC. AND
BENNETT DEVELOPMENTS INC.
Part of Lots 5 and 6, Broken Front Concession, Bowmanville
Matters Requested to be Referred:
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• Type C arterial road along Bowmanville waterfront on Map B
• Section 9.5.5(g), 19.5.3 and 23.10.4 of the Official Plan
• Designation of Local Trail and Public Elementary School on Map A of the
Secondary Plan
• Sections 5.4, 11.3 and 11,7 of the Secondary Plan
677
ATTACHMENT #2
B A H 11 I S T 8 R S N y() 1. l C 1 -I- l! H S
DELIVERED BY COURIER
June 5, 1997
THE MINISTER OF MUNICIPAL AFFAIRS AND HOUSING
Ministry of Municipal Affairs and Housing
Provincial Planning Services Branch
777 Bay Street (14th floor)
Toronto, Ontario
M5G 2E5
Attentions Mr. George Soares, Area planner
Dear Sir;
This firm acts for International Xotorsports Speedway Group, Inc.
( "IMSG ") As of May 1st, 1997 IMSG became the exclusive occupant
of the .lands and premises known as Mosport Park pursuant to at
twenty year lease agreement with the Mosport group of companies,
including Mosport Park Limited.
Under the lease agreement responsibility for the maintenance of
by -law and zoning matters for Mosport Park passed to IMSG on May
1st, 1997. In exercising this responsibility IMSG has had several
meetings and discussions with Clarington staff,- council members,
and legal counsel.
The net effect of these meetings and discussions is that IMSG has
determined that it does not wish to proceed with the above
referenced referral. Accordingly, we would request that:
I. You take back the said referral from the Ontario Municipal Board
and
2. You approve section 15.3(j) of the Regional Plan pursuant to the
Planning Act.
This letter is written with the concurrence of the Regional.
Municipality of Durham and the Municipality of Clarington. We
understand that Mr. Clay Taylor, President of the North Clarington
Ratepayers' Association Inc., will be writing directly to you
expressing his Association's concurrence with this letter.
Enclosed herewith is a letter of authority and direction from Mr.
Robert Salnal Chairman of Mosport Park Limited.
SU11'E 1000 65 QUEEN STREET WEST TORONTO ONTARIO M511 ZM5 116 367 9110 FAX: 616 367 3l4f
BRANCH: SUITE 23.1662 nONHILL ROAD MISSISSAUGA ONTARIO LST 1E1 905 670 1053
678
MACKLNZIC MAGILL
2
We trust that this correspondence will make it possible to
terminate this referral on consent of all parties immediately.
Yours very truly
7 Ma Zia, Magill
L. n N. rXvagill
C.c. Mr. Andrew Alison, Assistant Regional Solicitor, Regional
Municipality of Durham,
Vol*' C.C. Mr. Dennis C. Hefferon, Solicitor for the Municipality of
Clarington
c.c. Mr. James Tanel, Planner, The Ontario Municipal Board
c.c. Mr. Clay Taylor, by fax to: 1 -905- 655 -8435
679
ATTACHMENT #3
8 A R R 7 ; T U R S H S O L I t; I '1' U R S
DELIVERED BY COURIER
June 5, 1997
The Ontario Municipal Board
655 Bay Street
Toronto, Ontario -
MSG IE5
Attention: Mr. James Tanel, Planner
Dear Sir:
We are the solicitors for International Motorsports Speedway Group,
Inc. ( ^IMSG ") which acquired exclusive occupation of, and rights to
the use of, Mosport Park by means of a lease with the Mosport group
of companies on May ist, 1997.
As part of the said lease agreement IMSG assumed responsibility for
all zoning and related issues from and after May, 1st, 1997.
In the course of exercising these responsibilities, and after
discussions with all other interested parties, IMSG has concluded
that it does not wish to proceed with the above referenced'appeal.
We believe that IMSG has the concurrence of the interested parties
with this decision.
We would accordingly ask you to withdraw the said appeal on
consent.
We enclose a copy of letter of authority and direction from Mosport
Park Entertainment Corporation in support of this request.
Yours very truly
cke'` ie, Magill
N. gill
c.c. Mr. Andrew Alison, Assistant Regional Solicitor, Regional.
Municipality of Durham
V", c.c. Mr. Dennis C. Hefferon, Solicitor, Municipality of Clarington
C.C. Mr. Clair Taylor, by fax to: 1- 905 -655 -8435
SUITE 1000 6S QUEEN STREET WEST TORONTO ONTARIO M5H 2M6 416 367 9100 FAX: 416 361 3919
BRANCH: SUITE 23 -1661 BONIIII,L ROAD MISSISSAUUA ONTARIO LST 1B1 105 670 1053
680
` ATTACHMENT #4
rtAxxrS7'ERS H s0LICIT0Rs
]DELIVERED BY COURIER
June 50 1997
The Ontario Municipal Board
655 Bay Street
Torontoe Ontario
M5G 1E5
Attention: Mr. James Tanel, Planner
Dear Sirst
RE: APPRAL fr= MUNICIPALITY OF CLhRINCTON HY— LM NO-95-788
AND RRt OMB FILE No. R950319
We are the solicitors for International Motorsports Speedway Group,
Inc. ( ^IMSG ") which acquired exclusive occupation of, and rights to
the use of, Mosport Park by means of a lease with the Mosport group
of companies on May 1st, 1997.
As part of the said lease agreement IMSG assumed responsibility for
all zoning and related issues from and after May 1st, 1997.
In the course of exercising these responsibilities, and after
discussions with all other interested parties, IMSG has concluded
that it does not wish to proceed with the above referenced appeal.
We believe that IMSG has the concurrence of the interested parties
with this decision.
We would accordingly ask you to withdraw the said appeal on
consent.
We enclose a copy of letter of authority and direction from Mosport
Park Limited in support of this request.
Yours very truly
zie, Magill
,'r /
n Magill
c.c. Mr. Andrew Alison, Assistant Regional, Solicitor, Regional
Municipality of Durham
�c.c. Mr. Dennis C. Refferon, Solicitor, Municipality of Clarington
c.c. Mr. Clay Taylor, by fax to: 1•- 905655 -8435
SUITE 1000 65 QUEEN STREET WEST TORONTO ONTARIO MSH 2M5 411 367 9100 FAX; 416 347 9941
BRANCH: SUI'T'E 23.1662 EONNILL ROAD M1SSI5SAUCA ONTARIO L5T 1E1 905 670 1053
681
SL's' LSY Jul LV iuuu LAIV tjuu uau vuuu,rr ui v
NO.074 903
L" AIVADA'8 HOMO' OF lNOTOR h40NO
June 4, 1997,
The Minister of M uoieipal Affairs & Housin g
Ministry Of Municipal Affoirs & Hl)usi ng
Provweiet Ptauntas Services Branch
777 Bay Street, 14tth floor,
Toronto, Onturlo
MSG 2ES
Attention; Mr. George Sores, Area P14imner
)RE' REFERRAL NO. tb OF THE REGIONAL PLAN
RE; ] 29 -BY�LF rr.. Q nn �uI2
TTACHMENT #5
YntemAtional Motorsports Speedway Group, (TMSG) has the power and authority under the Lease
A90et10ent Of May 1 fit, 1997 to speak for the company in Mattm related to zoning A�d OfficW
Plan rues WOO* Musport Park Limited,
Sincerely,
THE MOSPORT PARK LIMITED
ROBERT P. SALNA
CHAIRMAN ,& CEO
RP84t"0m- rnmsmo&doc
682
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_. .. n ... i d i ✓. r �A G JO NO. 074 �2
I
GANAM 10 NAME Or NOTom s Acnm
June 4, 1997.
The Ontario Manitpai Board
653 say Strut,
Toronto, Ontarlo
MSG IE5
ATTACHMENT #6
RE, APPEAL No. 141 MOSPORT PARK ENIERTA E MENT CORPORATION
& RE: REGION FILE No. LOVA -C- 96-001
ARE: (O U No. 092ou - CASE NO. „210051
and
RE: APPEAL, From NFUNICXPALMY OF CLARiNGTON BY -LAW No. 95-M
& r: FMB N0, R�03Y9
Interrmtlon8ll Motmports Speedway Group, ONISO) has the power and authority under the Lease
Agreement of May I st, 1997 to speak for the company in matters rclated to zoning Bind Ofricial
Ilan issucs heating Wmport Park Entertainment Corporatlon,
Sinoerely,
THE MOSPORT PARK ENTERTAxriMUNT CORPORATION
I
ROBERT F. SALNA
CiE MRMAN & CEO
RP8/lmona -0 tnbm os_doc
683
q-�-�gCHMENT #7
NORTH CLARINGTON RATEPAYERS ASSUCIATiUN IN4.
P.O. Do% 346, Orono, Ontario, LOD ING
autxe 4, 1997
Ministry of Murx ojpal Affairs
c/o Provincial Planning Services Branch
777 Bay St., 14th Floor
Toronto, Ontario
M5G 2135
Fax: (416) 585 -4006 'VIA FAX'
Attention: Mr. George Soa
Dear Sir,
With respect -ta the following matters:
i) Referral No. 16 of certain provisions of the Official Plan of the Regional Municipality of
Durham respecting the proposed Regional Mode designation; OMB File No. 0940129, Ministry
File No. I$ -OP -0012.
ii) ,appeal Nu. 1 by Mosport Park Entertaiim -nO C C01TO ration; OMB File No. 09'70004 a Dd OMB
Case No. PL 970051, Regions File No, L
iii) Appeal By Mosport Park Limited against the Municipality of Clarington Zoning By -law No.
95.88, OMB File No. ,R950319,
Please be advised that the Nortb CladVon Ratepayers Association Inc. consents to the
withdrawal of the Referral and appeals to the ,Ministry and the OMB.
Respectfull yours,
C.R. a r
Pres'dent
c.c. Mr. D. Hef feron
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