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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