HomeMy WebLinkAboutPD-28-96WREFER -39.GPA THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: General Purpose and Administration Committee File #'
Date: Monday, March 4, 1996 Res. " ILL'
Report #: -D _
Subject: ONTARIO MUNICIPAL BOARD PRE-HEARING REFERRAL #39 FORMERLY D-f
AREA TO THE DURHAM • OFFICIAL
FILE: PLN 2.2.7.22
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD -28 -96 be received;
2. THAT Council provide direction regarding the Municipality's representation at the Ontario
Municipal Board hearing in respect of Referral No. 39 to the Durham Region Official Plan.
1. PURPOSE
1.1 The purpose of this report is to determine the Municipality's representation at the Ontario
Municipal Board hearing regarding Referral No. 39 to the Durham Region Official Plan.
2. BACKGROUND
2.1 The Planning Department has received a notice of a Pre - Hearing Conference scheduled
for March 28, 1996 before the Ontario Municipal Board in respect of Referral No. 39 to
the Regional Official Plan (Attachment No. 1). The subject referral was previously known
as Deferral No. 6. The lands in question are designated 'Living Area' in the Regional
Plan and would represent a northward expansion of the existing Courtice urban
boundary.
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REPORT ,D PAGE 2
2.2 The Ministry of Municipal Affairs referred the lands to the Board at the request of Mr.
Stan Racansky. As indicated by the Explanatory Note in the Notice, the purpose of the
referral is to address the appropriateness of the'Living Area' designation in the Regional
Official Plan because of concerns with environmental sensitivity in the general area. The
referent is seeking the completion of a watershed study to address the impact of the
planned development on the baseflow, quality and quantity of water in the creeks and
water wells.
2.3 Planning Department Staff have consistently opposed the northward expansion of the
Courtice Urban Area. Pursuant to Council direction, the Adopted Clarington Official Plan
designates the lands subject of Referral No. 39 as 'Urban Residential' and
'Environmental Protection Area'. The lands are also identified as 'Special Policy Area G.
The Official Plan requires the preparation of a watershed planning study prior to the
development or redevelopment of any lands within the Special Policy Area.
2.4 Council has dealt with the issue of its representation at the Regional Plan OMB hearing
on two previous occasions. Staff Report PD -8 -95 (January 23, 1995 GPA) recommended
that Council not participate in most of the matters before the OMB in an effort to
minimize costs and staff time required for the hearing. The Report specifically sought
Council's direction with respect to Referral No. 1, being the Kingsberry Properties site
in the Courtice North urban expansion area. Council resolved that the Municipality not
participate at the Referral No. 1 hearing.
2.5 Report PD- 37 -95, considered by Committee at its April 3, 1995 meeting, advised Council
of the anticipated referral of Deferral No. 6 to the OMB. The Report noted Council's
previous direction with respect to Referral No. 1, and recommended that the Municipality
not participate at the hearing on Deferral 6. Council approved Staff's recommendation.
2.6 The lands within Referral No. 39 are also subject of application OPA 93 -002 /C to amend
the Official Plan of the former Town of Newcastle, as submitted by William Tonno
O PD-28-96 PAGE 3
Construction Ltd., Erhard and Henrietta Witzke, and Steve Devesceri Construction Ltd.
This application seeks to include the lands subject of Referral No. 39 within the Courtice
Urban Area, and proposes a mix of urban residential and related uses for the lands.
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3.1 There are three options available to Council with respect to its representation at the OMB
hearing for Referral No. 39 to the Regional Plan. Each of these options is discussed
below.
Option 1
3.2 No representation. This would maintain Council's current position and would be
consistent with their position regarding Referral No. 1. This position would also
minimize the costs incurred by the Municipality. However, Council would not have any
input into the Board's decision with respect to Referral No. 39 or, alternatively, any
agreement reached among the various parties to settle the referral request. As such,
any decision rendered or agreement reached in the Municipality's absence may not be
consistent with Council's position for the subject lands as articulated in the Adopted
Clarington Official Plan.
3.3 Should Council choose to be represented at the Board hearing, two levels of
participation are available: participant status or party status.
Option 2
3.4 Participant status. Participants are permitted to present oral or written evidence to the
Board. However, participants are not permitted to call expert witnesses or cross - examine
the witnesses called by the parties to the hearing. Participants may be cross - examined
on their evidence by the parties to the hearing. Should Council choose this option, its
representative at the Board must be able to support Council's position and be available
for cross - examination. In this regard, Planning Department Staff would not be able to
appear on Council's behalf.
U
REPORT
Option 3
3.5 Party Status. Parties to the hearing are permitted to call expert witnesses and to cross -
examine the witnesses of other parties or participants. Should Council choose this
option, the Municipality's solicitor could be authorized to represent Council's position
regarding the subject lands. However, Staff would not be able to appear and provide
planning evidence in support of Council's position. Council could authorize the solicitor
to retain an independent planning consultant to support its position before the Board.
Although it is difficult to accurately determine at this time, Staff anticipate the costs for
hearing preparation and attendance for the solicitor and a consultant would exceed
$20,000 and could reach as high as $50,000. These costs have not been provided for
in the Planning Department's 1996 budget.
3.6 Staff note that, through the adoption of the Clarington Official Plan on January 29, 1996,
Council has indicated their support for the approval of Official Plan Amendment
application OPA 93- 002 /C. In this regard, Resolution #C- 695 -89, as approved on
October 16, 1989, is relevant to Council's consideration of this matter. This resolution
states:
"That the applicant /owner of all development applications shall be
required to bear the Town's legal costs for an Ontario Municipal
Board Hearing in situations where his application is either approved
or recommended for approval by Town Council; and
That prior to an Ontario Municipal Board Hearing, the applicant shall
provide a Letter of Undertaking to the Director of Planning and
Development agreeing to bear the Town's legal cost in the ensuing
Board's Hearing. In the event the applicant fails to do so, the
Director reserves the right not to participate in any Ontario Municipal
Board Hearing in support of the applicant."
3.7 Staff note that the agreement with Markborough Properties Inc. with respect to the
Ontario Municipal Board hearing for Amendment No. 56 to the Town's Official Plan,
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REPORT NO.: PD-28-96 PAGE 5
provided for Markborough to also assume the costs for the preparation and attendance
of the Municipality's consultants at the hearing. In this regard, should Council choose
to participate at the OMB hearing in respect of Referral No. 39, it should consider
entering into an appropriate agreement with the development proponents.
•,
4.1 A decision is required regarding the Municipality's representation at the Ontario
Municipal Board hearing in respect of Referral No. 39. Should Council choose either
participant or party status, sufficient time must be provided to allow the Municipality's
solicitor or other Council representative to prepare for the upcoming Pre - Hearing
Conference scheduled for March 28, 1996.
Respectfully submitted,
1 �
Franklin Wu, M.C.I.P., R.P.P.
Director of Planning
and Development
JAS /DC /FW /df
19 February 1996
Reviewed by,
W.H. Stockwell
Chief Administrative
Officer
5_05
Attachment_ i
Ontario
Ontario Municipal Board
Commission des affaires municipales de I'Ontario
At the request of San Racansky, the Minister of
Municipal Affairs has referred to the Ontario
Municipal Board under subsection 17(l 1) of the
Planning Act, R.S.O. 1990, c.P. 13, portion of the
Durham Regional Official Plan (1991) known as
Deferral No. 6 (or Referral No. 39) as it relates to
those lands comprising. Part of Lots 31 and 32,
Concession 3, in the Municipality of Clarington, as
shown on Map A5 to the Plan
MMA File No. 18 -OP -0012
NOTICE OF PREHEARING CONFERENCE
The Ontario Municipal Board will conduct a prehearing conference respecting this matter.
If you do not attend the prehearing conference, the Ontario Municipal Board may
proceed in your absence and you will not be entitled to any further notice of these
proceedings.
TIME AND PLACE OF PREHEARING CONFERENCE
A prehearing conference will be held
on THURSDAY, the 28th day of MARCH, 1996
at: 10:00 O'CLOCK, in the FORENOON (Local Time)
at: COUNCIL CHAMBERS, REGIONAL HEADQUARTERS BUILDING, 605
ROSSLAND ROAD EAST, WHITBY.
PURPOSE OF PREHEARING CONFERENCE
The conference will deal with preliminary and procedural matters, including the following:
Identification of parties. These persons have the right to participate throughout
by presenting evidence, questioning witnesses, and making final arguments. In
order for the Board to determine your status for the hearing, you or your
representative should attend the prehearing conference and ask to be added as a
party. Groups, whether incorporated or not, who wish to become parties should
name a representative. Parties do not need to be represented by lawyers.
Identification of participants. Persons who do not wish to participate throughout
the hearing may attend the hearing and make a statement to the Board. Such
persons should also attend the prehearing conference.
Identification of issues.
Start date of the hearing.
Duration of the hearing.
Directions for prefiling of witness lists, expert witness statements and written
evidence..
Possibility of settlement of any or all of the issues.
The hearing of motions.
Such further matters as the Board considers appropriate.
Everyone present should come prepared to consider specific dates for proceedings in this
matter.
EVIDENCE
Evidence or formal statements may also be heard at the prehearing conference in
an attempt to settle the matters in dispute. Note that even if no settlement is reached
the Board may make a final decision on the evidence it has received.
All parties or their representatives should attend the prehearing conference.
DATED at Toronto this 21 st day of December, 1995.
Pour recevoir des services en francais, veullez communiquer avec la Division des
audiences au (416) 326 -6800, au moins 25 jours civils avant la date fixee pour I'audience.
DIANA MACRI
SECRETARY i
507
EXPLANATORY NOTE
The area subject to this referral is approximately 64 hectares (160 acres), located west of
Trulls Road and south of Pebblestone Road, in part of Lots 31 and 32, Concession 3,
Municipality of Clarington (Darlington). See diagram below for location of lands.
The area is designated Major Open Space in the 1976 Durham Regional Official Plan and
is proposed to be designated Living Area in the 1991 Durham Regional Official Plan.
The purpose of the referral is to address the appropriateness of the Living Area
designation because of concerns with environmental sensitivity in the general area. The
referent is seeking the completion of a watershed study to address the impact of the
planned development on the baseflow, quality and quantity of -water in the creeks and
water wells.
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