HomeMy WebLinkAboutPD-14-94THE CORPORATION OF THE TOWN OF NEWCASTLE
DN: OPA56.MOD REPORT
Meeting: Special Council Meeting
Date: Monday, February 7, 1994
Report #: — PD -14 -94 File9PA 93 -C /005
Subject: MODIFICATION TO AMENDMENT #56
WEST MAIN CENTRAL AREA SECONDARY PLAN
File: OPA 93 -C /005
Recommendations:
1. THAT this report PD -14 -94 be received;
File #
Res. # C _L "/ z>
Z
2. THAT Staff and the Muncipality's solicitor be authorized to request
the Ontario Municipal Board to modify Amendment #56 to incorporate
the settlement of issues between the Regional Municipality of
Durham and Markborough properties with regard to mixed -uses and a
pedestrian walkway in accordance with the letter from Mr. Ron Webb
representing Markborough Properties Inc. dated January 24, 1994.
3. THAT the Ontario Municipal Board and the parties to the Ontario
Municipal Board Hearing be advised of Council's decision.
1. The Regional Muncipality of Durham Planning Department expressed a
number of concerns with regard to Official Plan Amendment 56 to the
Official Plan of the former Town of Newcastle, particularly as it
applied to the Markborough site. The issues of concern were that
the proposed Markborough site plan did not incorporate a pedestrian
walkway link to Green Road and did not contain mixed uses.
2. In order to satisfy the Region's concerns, the solicitor for
Markborough Properties Inc. submitted the attached draft letter on
January 24, 1994. The terms of settlement were agreed to with a
signed copy being presented to the Region's solicitor on Wednesday
February 1, 1994 during the Board hearing.
R 'APER RECYCLE
TITS 6 PRIMED W RECYCLED PAPER
SPECIAL COUNCIL MEETING PD -14 -94 PAGE 2
3. Staff is satisfied that the proposed modification is appropriate
and assists in achieving the overall objectives of the Plan.
Since staff have not had time to finalize the exact text and map
changes required, it is requested that the staff and the Solicitor
be authorized to request an appropriate modification at the Ontario
Municipal Board Hearing which is underway.
Respectfully submitted,
Franklin Wu, M.C.I.P.
Director of Planning
and Development
FW *DC *df
*Attach
4 February 1994
Recommended for presentation
to the Committee
e aran , Acting
Admi istrative Officer
0,1..'24/94 09:53 FAX 416 454 1876 DAVIS, WEBB, SHLZ
DAvis, WEBB & SCHULZE
BARRIS'rE;RS & SOLICITORS
RhNALri K. Werra, Q.c.
CHRISTUN G. 5ctlt112F; Q•C.
NEIL G. DAVIS. 1j.A, LL.D.
tixawN R. Ikn1r.LA4, N.A., LL.a.
ELLVN S. PUKANY, R,S,1•„ I.L.R.
A. C;UNVLLLE DAVIS. 04,
11916.19791
Mr. Dennis Hefferon
Shibley, Righton
Ms. Kate MacGregor
Region of Durham
JAN w_c tc?oa
BRAMPTON LXZC[;T1VE CENTU
$ ALSON STREET 'WEST
Surn: 600
13pxmr:ON, ONTARIO
L6X 4)2
TELEPFIONE (905) 451.6714
FAX (905) 4,54 -1R76
PILE No.
January 24, 1994.
BY FAX
363 5339
RR..: ••.
Mr. John Davies 5919280
Markborough Properties
Re: Markborough__ Pro,Mllies — BowmanviLle ,5hQpping Centre
Enclosed is a copy of the amended draft letter to Mr. Hefferon, which we trust you will now find
satisfactory.
As our telephones are down, if you have any comments, please send them by fax.
Yours truly,
DAVIS, WBBB & SCHULZE,
/A�7
RKW:ht Ronald K. Webb, Q,C,
encl.
01/24/94 09:53 F.a.Y 118 434 1878 DAVIS.WEBB.SHLZ Q009
CONFIDENTIAL
WITHOUT PREJUDICE
141x. Dennis Hefferon,
Shibley, Righton,
Barristers & Solicitors,
401 Bay Street,
Toronto, Ontario.
M5H 2Z1
Dear Sir:
January 24, 1994.
BY FAX
+ u r y.. MMA,.•r�t�r
Please be advised that our client will support the inclusion of a new paragraph 10.2.5.3(4)(vii)
in OPA 56 by including in it a provision to the effect that any development or redevelopment
of the Markborough site (being the lands at the south -east intersection of Highway No. 2 and
Green Road designated retail/commercial) beyond 230,000 square feet GLA for retail and
personal service uses will be for mixed use purposes, i.e.
1. Retail and offices, or
2. Retail and residential uses, or
3. Retail and office and residential uses,
and that an amount of additional retail space up to a maximum of 30,000 square feet GLA will
be allowed if otherwise permitted by the Official Plan, in an addition or additions to a retail
01/24/94 09:33 FAX 416 434 1376
DAV I S , wEBB , SHLZ
building comprising part of the initial 200,000 square feet proposed commercial development
as depicted on the site plan drawing SPAT (dated 16/9/92 as revised by Stone Kohm McQuire
Vogt).
The owner will agree to transfer to Clarington an additional easement as a pedestrian walkway
from Green Road to the east wall of the most westerly building in the shopping centre, in a
location marked as "pedestrian walkway" on the current site plan.
The owner confirms that the policies set out in the 1991 Region Official Plan Policies and OPA
255 and OPA 290 and OPA 40, which have been referred to the Ontario Municipal Board, are
acceptable to the owner as far as they apply to the Markborough site in Clarington and that the
proposed commercial development implements such policies, contingent on the Region advising
the OMB that OPA 56 which modifies the above conforms to the Region Official Plan including
the referred policies and that the proposed commercial development conforms to the Region
Official Plan.
It is our understanding that the agreement between the owner and the municipality will be
amended so as to permit the expansion of the proposed commercial development to 230,000
square feet GLA subject to usual and normal planning considerations, before the Municipality
will have the right to exercise its option to acquire the future roads noted as Streets D and I on
the circulated plan.
Yours truly,
DAVIS, WEBB & SCHULZE,
RKW:ht
Ronald K. Webb, Q.C.
Z002