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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. 66-1 K 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. 6 66 -n--run ivU. vu -83 -97 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. 7 "Uni ivV. VU -83 -97 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. iQ 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 671 ATTACHMENT #1A LOT 17 LOT 16 LOT 15 LOT 14 LOT 13 LOT 12 I I - — —I- I I I I I r�nNCESSION I ROAD 4 IT C a 0 w c� a 0 r� W, a a m W, Z O _ (n W U "Z O U ^\ 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 673 N Z O to W U Z O U 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; X z O V) w U z O U i i S • 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. 674 VI z O W W U z O U 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., cARTIER _ FRe W THIGH` -L �� Y 4o 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: O W Z O U O E Z W Y O W M • 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 :u. _. .. 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 684