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HomeMy WebLinkAboutPD-8-95 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DN: REFERRAL.GPA REPORT Meeting: General Purpose and Administration Committee File# Date: Monday, January 23 , 1995 Res. # PD-8-95 Pln 2 . 2 .7 By-Law# Report#: — File #: 1991 DURHAM REGIONAL OFFICIAL PLAN REFERRALS TO THE ONTARIO Subject: MUNICIPAL BOARD FILE: PLN 2.2.7 Recommendatfts: is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-8-95 be 'received; 2 . THAT the Region of Durham be advised that the Municipality of Clarington is opposed to the following Referrals: Referral Nos. 6 and 37 (Mark and Gertrude Tomina) ; Referral No. 10 (811461 Ontario Limited) ; Referral No. 20 (Eyman Estates) ; and Referral No. 36. (Laidlaw Waste Systems) ; 3 . THAT the Region of Durham be advised that the Municipality is willing to work with the Regional staff and the referrer to resolve Referral No. 17 (168215 Ontario Limited) , Referral No. 22 (Haas Shoychet Waisglass) and Referral No. 27 (Bramalea Ltd. ) to avoid the necessity of a hearing; 4 . THAT the Municipality not participate in the Ontario Municipal Board Hearings on Referral Nos. 6 and 37 (Mark and Gertrude Tomina) ; No. 10 (811461 Ontario Limited) ; No. 20 (Eyman Estates) ; and Referral Nos. 23 and 24 (Lovekins) but that Planning staff be authorized to appear as witnesses for the Regional Municipality of Durham if so requested by the Regional solicitor; 5. THAT Council provide direction with respect to the Municipality's participation in Referral No. 1 (Kingsberry Properties) ; 6. THAT Council provide direction with respect to the Municipality's position and participation in Referral No. 16 (Mosport Park) ; 7 . THAT the Municipality's solicitor be authorized to represent the Municipality at the pre-hearing conference with respect to Referral No. 36 (Laidlaw Waste Systems) and subsequently report back to Council on the scope of the hearing, the level of participation by the Municipality and budget requirements for legal and consulting expertise; 8. THAT the Region of Durham be advised that the Municipality does not support the joining of the subdivision referral and zoning appeal to the hearing on Referral No. 10 (811461 Ontario Limited) and that the hearing on the subdivision and zoning matters be heard ­­T RECY­ 3 5 15 11-E & All PlI M PRNflE0Q4 RECYCLED PAPER REPORT NO. : PD-8-95 PAGE 2 subsequent to the establishment of the principle of urban development; and 9. THAT the persons listed in this report and any delegation be advised of Council's decision 1. BACKGROUND 1. 1 The Durham Region Official Plan was approved by the Minister of Municipal Affairs on November 24, 1993 with modifications, except for portions referred to the Ontario Municipal Board and deferred pending further consideration. A total of 37 matters were referred to the Board. Referral No. 2 (Bowmanville Mall) and Referral No 21 (Markborough Properties) were joined the Bowmanville West Main Central Area Hearing recently concluded. Referral No. 5 (Akal International) was withdrawn. There are 13 outstanding referrals in Clarington. It is anticipated that some referrals may be resolved shortly. The remaining referrals will be heard by the Board. 1. 2 A pre-hearing conference of the Board will take place on January 30th and 31st. The purpose of the pre-hearing conference is to deal with preliminary and procedural matters including; • identification of parties and participants; • identification of issues; • consolidation of matters; • possibility of settlement of any issues; • directions for pre-filing of witness lists, expert witness statements and written evidence; • start date and duration of the hearing. 1. 3 The purpose of this report is to confirm the position of the Municipality for these referrals and to determine the role the Municipality will take at the hearing. 2 . REFERRALS 2 . 1 Regional staff in consultation with the area municipal staff have been seeking to resolve some of the matters prior to the hearing. _66 REPORT NO® : PD-8-95 PAGE 3 Where there is a settlement or a possibility of a settlement, this will be noted below. 2 . 2 Staff recommended that the Municipality take a limited role for p Y 1 most of the matters before the Board in an effort to minimize costs and staff time required for the hearing. Wherever the position of staff, Council and the Region are coincident, it is recommended i that Region take carriage of the case and Planning staff be made available as witnesses if the Regional solicitor so desires. The only exception to this is Referral No. 36 by Laidlaw Waste Systems where the Municipality should take a direct active role, and that the Municipality's staff, Solicitor and consultants can make a significant contribution to augment the Region's case in opposition to Laidlaw Waste Systems referral. I 2 . 3 On any of the referrals, regardless of Council's position, planning staff may be under subpoena by the Ministry of Municipal Affairs, or the Board to appear at the hearing and give evidence. Planning staff are obligated to provide evidence on the basis of their professional opinion regardless of Council's decision. 2 . 4 The following referrals are currently scheduled for hearing by the Board: • Referral No. 1 Kingsberry Properties Pt. Lot 26, Conc. 3 Courtice • Referral Nos. 6/37 Mark & Gertrude Tomina Pt. Lot 26, Conc. 2 Darlington • Referral No. 10 811461 Ontario Ltd. Pt. Lot 26, Conc. 2 Clarke • Referral No. 16 Mosport Park Ltd. Pt. Lot 33-35, Conc. Clarke • Referral 17 168215 Canada Inc. Pt. Lot 19, Conc. 1 Clarke (Brownsville) • Referral No. 20 Eyman Estates Ltd. Pt. Lot 26, Conc. 3 Darlington • Referral No. 22 841221 and 841222 Ont. Ltd. Pt. Lot 5-9, B.F.C. Haas Schoychet Waisglass Darlington REPORT NO.: PD-8-95 PAGE 4 Referral No. 23 James Lovekin Pt. Lot 33-35, Conc. 1 Clarke • Referral No. 24 James Lovekin Pt. Lot 34, Conc. 1 Clarke • Referral No. 27 Bramalea Limited Pt. Lot 34, Conc. 1 Clarke • Referral No. 30 651183 Ontario Ltd. Pt. Lot 8, Conc. 7 and Ray Abbott Darlington (Tyrone) • Referral No. 36 Laidlaw Waste Systems Pt. Lot 12, Conc. 3 Clarke Each of the referrals are summarized in Attachment No. 1 of the report with an synopsis of the referral request, the positions of staff and Council, comments and recommendations. 2 . 5 There are no public notification requirements for this report since it deals with referrals to the Durham Regional Official Plan. However, staff received requests for notification from the two parties listed below and they have been notified. Respectfully submitted, Franklin Wu, M.C. I.P. Director of Planning and Development DC*FW*df 18 January 1995 Attachment No. 1: Referrals Interested parties to be notified of Council and Committee's decision: Mr. Lorne Butterfield Mr. Normund Berzins North Clarington Ratepayers Assoc. Ctte. of Clarke Constituents 2891 Regional Road 20, R.R.#5 Box 20028 Bowmanville, Ontario. L1C 3K6 Newcastle, Ontario. L1B 1M3 i i ATTACHMENT #1 Referral No.: 1 _ -- "- E� pNEPp MUNICIPALITY OF Name: Kingsberry P CLARINGTON _ Properties COURTICE Site: A 21.9 ha (54.2 pm°b acre) parcel east of Trulls Road, south of Pebblestone 8 Road in Lot 29, Concession 3, FN Darlington Twp. ND`SN Pp a HIGHWAY 2 91,6CK CF;EEK Summary: Requesting Living Area designation for the lands in Lot 29, Concession 3 north of the Courtice Urban Area. Municipal Staff Position: Recommended no northerly expansion to the Courtice Urban Area (Reports PD-59-91 and PD-77-93). Municipal Council Position: Council opposed the designation of any Living Area in north Courtice. However, Council did support a Special Study Area for lands bound by Townline Road, Pebblestone Road, Courtice Road and Adelaide Avenue. Regional Staff Position: Recommended Special Study Area for lands north of Courtice to future Highway 407. Regional Council Position: Approved as Living Area. Comments: In responding to the Minister's proposed modifications to delete all Study areas and a referral request from Kingsberry Properties, on July 14, 1993 Regional Council added additional Living Area lands which incorporated the subject site. The Minister of Municipal Affairs did not approve Regional Council's request and has referred the matter to the Ontario Municipal Board. J ')7 Referral No. 1 Clarington Planning Staff are not able to appear in support of Council's decision on this matter, having recommended for no urban development north of the existing urban area boundary. Staff remain firm in the view that there should be no urbanization of these lands. Council's position is also divergent from the Region on this issue. Given Council's position in support of a Special Study Area and in opposition to the Living Area designation, Council may has two options. If Council wishes to support its position for a Special Study Area in North Courtice, Council should adopt the following recommendation: "That the Municipality's solicitor to represent the Municipality at the pre-hearing conference with respect to Referral No. 1 and subsequent report back to Council on the scope of the hearing, the level of participation by the Municipality and the budget requirements for legal and consulting expertise." Alternatively, Council may wish not to participate in the hearing. In this case Council should adopt the following recommendation: "That the Municipality not participate in the Ontario Municipal Board hearing on Referral No. 1 ." Recommendation: That Council provide direction with respect to its participation on the hearing on Referral No. 1. (Recommendation 6) 540 i I I I Referral No.: 6 and 37 PE�`�gpNEpO MUNICIPALITY OF Name: M. and G. Tomina CLARINGTON COURTICE 6 Site: A 9.05 ha parcel in Part Lot 26, Concession 2, ay Darlington Township. Northeast corner of O Highway 2 and Hancock �°� y / 20 Road. 9 90 O� Z � NPSN FO i R6 HIGHWAY 2 L,ACK CREEK l r Summary: Designated Major Open Space in Regional Plan. Applicant is requesting an 80 unit motel and 150 seat `restaurant development. Also Referring Section 20.7'policies on land severance. Related Applications: Official Plan Amendment Application 87-096/D proposed a motel and restaurant. This application was denied by Clarington Council on February 11, 1991 and subsequently denied by Regional Council at the time of the consideration of the Regional Plan. Municipal Staff Position: Recommended urban expansion areas to the south of the Courtice Urban Area. Supported Major Open Space designation on these lands. Municipal Council Position: Endorsed Courtice Urban Boundary and Major Open Space designation. Regional Staff Position: Recommended the designation of the subject lands for Major Open Space and policies regarding land severance. Regional Council Position: Approved Major Open Space designation and land severance policies in Section 20.7 5 4 1 II Referral No. 6 and 37 Comments: The Municipality has denied the Official Plan Amendment application by Mr. and Mrs. Tomina. The Municipality has also endorsed the Major Open Space designation on the Tomina property. i Recommendation: That the Municipality not participate in the Ontario Municipal Board hearings on Referral Nos. 6 and 37. (Recommendation 4) That staff be authorized to appear as a planning witness for the Regional Municipality of Durham if so requested by the Regional Solicitor. (Recommendation 4) II i i ao Referral No.: 10 MUNICIPALITY OF CLARINGTON Noes Name: 811461 Ontario Ltd. . Site: A 26.1 ha (64.4 .' acre) parcel in Part of Lot 26, Concession 2, �m Clarke Township o AY 2 '• CPR N� m0 Sm : ., Nog H\GNWAy 40\ O NEWCASTLE \ VILLAGE 1 PoWEH SINE.- Summary: Site designated Permanent Agriculture Reserve. 'Referrer is requesting Living Area designation to incorporate the lands within the Newcastle Village urban area. Related Applications: OPA Application 90-006 Plan of Subdivision 18T-90002 for 371 residential units Rezoning Application DEV 90-05. At the time of the approval of the Durham Plan, Regional Council denied OPA 90-006. Municipal Staff Position: Staff did not support urban development north of the CPR tracks (Report PD-311-90). Staff supported the retention of the Permanent Agriculture Reserve designation. Municipal Council Position: Council supported the inclusion of new urban lands north of the CPR with Arthur Street being the eastern boundary. Council supported the Permanent Agriculture Reserve designation on the subject lands. Regional Staff Position: Recommended denial of OPA application in Report 91-P-70. Recommended designation of lands as Permanent Agriculture Reserve. Regional Council Position: Denied OPA application and approved Permanent Agriculture Reserve designation June 5, 1991. i Referral No. 10 Comments: The applicant has referred the application for plan of subdivision and appealed the rezoning application to the Ontario Municipal Board. It is anticipated that applicant will request the Board to join these applications to the referral of the Durham Regional Official Plan. While the consolidation of applications is often done, in this case the Board is resolving basic principles of long term (30 year) urban boundaries. It is premature to consider the details of a plan of subdivision. The consolidation of the referrals/appeal would serve to only extend the length of the hearing and not serve to shorten the development process. Accordingly, it is recommended that the Municipality oppose any consolidation of the development applications to the Regional Plan referral. I Recommendation: That the Municipality not participate in the Ontario Municipal Board hearing on Referral No. 10 but that staff be authorized to appear as witnesses for the Regional Municipality of Durham if requested by the Regional solicitor. (Recommendation 4) That the Region be advised that the Municipality does not support the joining of the subdivision referral and the zoning appeal to the hearing on Referral No. 10. (Recommendation 8) i i I i Referral No.: 16 Name: Mosport Part Ltd. 0 Site: A 289.6 ha (715 acre) parcel in Lots 33, 34 and 9 35, Concession 9, Clarke a 90 Township. 9Q t R16 MUNICIPALITY OF CLARINGTON �N N 9 s Summary: Mosport Park was recognized as a Regional Node to permit existing uses only. The referral of Regional Node designation for Mosport Park is due to limitation to uses existing uses as of June 5, 1991, Municipal Staff Position: Staff initially raised concerns about the provisions of the Recommended Plan which stated that regional nodes shall intensify and attract other compatible uses. This was of concern particularly due to its location in the Oak Ridges Moraine. Staff recommended that only existing uses be permitted until the area municipal official plan review (Report PD-59-91). Staff did not object to the deletion of Mosport Park as a Regional Node in the Council approved Plan (Report PD-108-92). Municipal Council Position: Council supported the deletion of the phrase "intensify" and the subsequent deletion of Mosport Park as a Regional Node. Regional Staff Position: Mosport was not recommended for recognition as a regional node in Report 91-P-70. Regional Council Position: Mosport Park was not recognized in the version of the Regional Plan adopted by Council on June 5, 1991. Regional Council subsequently modified the Plan to recognize Mosport as a regional node but limited to existing uses. Any additional uses would require an amendment to the Plan. j4 ) Referral No. 16 Comments: Section 15.3.1 (j) of the Regional Official Plan identifies Mosport Park as a Regional Node with the following policies: Mosport Park recognizing the uses existing on the date of adoption of this Plan. Notwithstanding Section 15.2.2(a), any new uses shall be by amendment to this Plan." In the Draft Clarington Official Plan, Mosport is recognized as a tourist node. The current policies proposed by staff would permit existing uses, expansion of these uses and introduction of related uses provided they do not adversely impact the environment. In the finalization of the Official Plan, the recommendations of the Oak Ridges Moraine Strategy will be incorporated. If Council concurs with the policies of the draft Clarington Official Plan to allow for additional compatible uses at Mosport Park, it may be possible to resolve this referral with the consent of all parties. In this regard, staff would recommend that the following recommendation be approved: "That the Region be requested to modify Section 15.3.10) to permit the expansion of existing uses and the introduction of related compatible uses; and "That the Region of Durham be advised that the Municipality is hopeful that Referral 16 (Mosport Park) can be resolved without the necessity of a hearing." If Council wishes to restrict uses to those which currently exist and to require an amendment to the Regional Plan for any additional uses, it is recommended that Council participate at the hearing. In this regard, Council should adopt the following: "That the Municipality's solicitor be authorized to represent the Municipality at the pre-hearing conference and subsequently report back to Council on the scope of the hearing, the level of participation by the Municipality and the budget requirements for legal and consulting expertise." 546 I Referral No. 16 Recommendation: That Council provide direction with respect to its position and the extent of its participation on Referral No. 16. (Recommendation 6) I� i i I i 5 Yei Referral No.: 17 $y cpNG��`ONp` Name: 168215 Canada Inc. mCO, MUNICIPALITY T Site: A 24.3 ha(60.1 acre) '9 OF CLARINGTOW � CIO lop parcel in Part Lot p 9 19, Concession 1, TA Clarke Township Z ao e HIGH CPR _ Nm mZ .. .. Npy H\GtN1 pV q0 0 NEWCASTLE VILLAGE WER��NE Summary: Referral of the cluster of Brownsville as it is not designated as a hamlet in the Durham Plan, to allow their development at the southwest corner of Highway No. 1 and Brownsville`` Road. Related Applications: OPA 90-042 was originally submitted as an estate residential proposal; subsequently revised to request only recognition of Brownsville as a hamlet in the Regional Plan. Plan of Subdivision Application 18T-90023 and Rezoning Application DEV 90-019 propose a 30 lot subdivision on the applicants lands. Municipal Staff Position: Recommended the designation of Brownsville as a hamlet (Reports PD-311-90). Recommended approval of revised OPA 90-042 (Report 129-94). Municipal Council Position: Supported the designation of Brownsville as a Hamlet on November 12, 1990). Position reconfirmed on October 24, 1994 in the consideration of OPA 90-042. Regional Staff Position: Regional Staff did not recommend designating Brownsville as a "Hamlet" in Report 91-P-70 in 1991. Regional Council Position: The Durham Region Official Plan as adopted by Regional Council on June 5, 1991, did not designate Brownsville as a Hamlet. i i Referral No.: 17 Comments: In an effort to resolve this referral, Regional staff have met with both municipal staff and the applicant. Regional staff are prepared to recommend the recognition of Brownsville as a hamlet. Should this recommendation be approved by Regional Council, the referral will be withdrawn from the OMB. i Recommendation: In light of the above, it is anticipated that there will be no hearing on this referral. However, in the event that a hearing is conducted on this matter, it is recommended that the Municipality not participate. i i X49 Referral No.: 20 P���tig�owE"O MUNICIPALITY OF Name: Eyman Estates CLARINGTON COURTICE `6 Site: A 41.7 ha (103 acre) parcel of land in Part 9% of Lot 26, Concession R 1 90 3, Darlington i 0 NpSN P R6 ,.HIGHWAY 2 SLACK CREEK Summary: Designated major Open Space. Requesting urban area designation for residential uses. Related Applications: OPA 91-011 proposed the extension of the Courtice urban area boundary to accommodate a plan of subdivision for 783 units on the east side of Hancock Road north of Nash Road. This application was denied by Regional Council concurrently with the adoption of the Regional Plan on June 5, 1991. Municipal Staff Position: Supported Major Open Space designation. Staff recommended urban expansion areas to the south of the Courtice urban area. Municipal Council Position: Supported Major Open Space designation. Regional Staff Position: Recommended Major Open Space designation (Report 91-P- 70). Regional Council Position: Approved Major Open Space designation on June 5, 1991. Comments: Staff have not supported any northerly or north-easterly extensions to the Courtice urban area. These lands are not needed for urban uses at this time and do not support a compact urban form. Referral No. 20 Recommendation: That the Municipality not participate in the Ontario Municipal Board Hearing on Referral No. 20 and that staff be authorized to appear as a witness for the Regional Municipality of Durham if so requested by the Regional solicitor. (Recommendation 4) I 551 i I Referral No.: 22 Name: 8411221 Ontario m z z Ltd. 990 c,� mQ j 841222 Ontario Ltd. c p and Haas Shoychet WaisglasS `' !i HIONMAY 40 Site: Part of Lots 5 to 10, ER SIN Broken Front -PQ Concession, - - Darlington Township --' R22 Lake Ontario fl Q / Summary: Designated Waterfront Open Space. Requesting area be designated for residential development. Related Applications: OPA 89-129 by Haas Shoychet and Waisglass for residential development. This application will be considered in the context of the Clarington Official Plan Review. OPA 90-022 was submitted by 841221 Ontario Ltd. and 841222 Ontario Ltd. for a hotel, retail and residential uses. The companies no longer have an interest in the land and the file is closed. Municipal Staff Position: Staff recommended that the Port Darlington Area be designated as either a Special Study Area or Living Area in the Regional Plan. Municipal Council Position: Council supported the identification of either a Special Study Area or Living Area. Regional Staff Position: Staff recommended that the waterfront area be designated as Waterfront Open Space within the Bowmanville Urban Area. Regional Council Position: Approved designation of lands for Waterfront Open Space. J52 Referral No. 22 Comments: There have been discussions with Regional staff in an effort to resolve this referral. Staff is optimistic that a solution can be reached but there have been no commitments as of the writing of this report. Staff will report back further on this issue. Recommendation: That the Ontario Municipal Board be requested that the Municipality of Clarington is seeking to resolve Referral 22 (Haas Schoychet Waisglass) without the necessity of a hearing. (Recommendation 3) i i I i Referral No.: 23 MUNICIPALITY OF Name: James Lovekin CLARINGTON GSjGNAG �\ Site: Approximately 142.23 ha (57.6 HIGHWAY 2 acres of land in Part .- NEWCASTLE VILLAGE Lots 32, 33, 34 and Lot 35, Concession °� 1, Clarke Twp. and ?� R23 Part Lot 1, Broken �a Front Concession, Darlington Twp. in , the Hwys. 401 and � P 35/115 triangle CNR �weR LINE- O - -' 9 -- O Summary: Requesting Special Study Area designation. Municipal Staff Position: Supported designation of lands as General Agricultural Area (Report PD-311-90). In consideration of the Minister's modifications, staff noted that the deletion of this Special Study Area was consistent with Council's resolution for a target population of 15,000 for Newcastle Village. The latest staff position is reflected in the Clarington Draft Official Plan released in May 1994 where the Lovekin's property, both north and south of Hwy. 35/115 were designated as "Special Study Area". Municipal Council Position: Supported designation as Special Study Area in consideration of draft Regional Plan on November 12, 1990. However, on May 10, 1993, in consideration of Minister's modifications and establishment of thirty year timeframe for Plan, Council supported the deletion of the Special Study Area designation. Regional Staff Position: Supported designation as Special Study Area (Report 91-P- 70). Regional Council Position: Supported designation of Special Study Area. 554 Referral No. 23 Comments: The Ministry of Municipal Affairs has refused to approve the Special Study Area designation. There are ongoing discussions between the Ministry of Municipal Affairs, the Region and the Lovekin family in an effort to resolve this referral. The Municipality's position is consistent with the Region's position that the land should be designated as Special Study Area. Recommendation: That the Municipality not participate in the O.M.B. Hearing on Referral No. 23 and that staff be authorized to appear as witness for the Region if so requested (Recommendation 4) i Referral No.: 24 mo MUNICIPALITY GIVEN RD `y OF CLARINGTON_ r Name: James Lovekin HIGHWAY 2 Site: Approximately (20 " acres) of land north of Highway 35/115 in Part of Lot 35, Concession 1, NEWCASTLE Clarke Twp. VILLAGE a �R24 � CNR PpWERLINE-- ------ N I Summary: Designated Special Study Area No. 5. Referrer is requesting Special Study Area designation. Municipal Staff Position: Staff originally supported the Permanent Agriculture Reserve designation. However, its latest position is Special Study Area through the Clarington Draft Official Plan. Municipal Council Position: Council supported the Permanent Agriculture Reserve designation. Regional Staff Position: Regional staff recommended that the lands north of Highway 35/115 be designated Permanent Agriculture Reserve. Regional Council Position: In the consideration of the Minister's modifications, on July 14,1993 and referral requests, Regional Council added Special Study Area No. 5 to incorporate the Lovekin lands on the north side of Hwy. 35/115. Comments: The Ministry of Municipal Affairs has refused to approve the Special Study Area designation. There are ongoing discussions between the Ministry of Municipal Affairs, the Region and the Lovekin family in an effort to resolve this referral. The Municipality's position is consistent with the Region's position that the land should be designated as Special Study Area. i 556 Referral No. 24 Recommendation: That the Municipality not participate in the O.M.B. Hearing on Referral No. 24 and that staff be authorized to appear as witness for the Region if so requested (Recommendation 4) Referral No.: 27 Name: Bramalea Ltd. i Site: An 88.2 ha (218 acres) in Part Lots 28 to 31, B.F.C. Newcastle Village i i Summary: Referral of population target of 17,500 for the Newcastle Village urban Area in Section 3.3.5. Bramalea is concerned that the population- target -may--restrict- the--project--from - achieving the proposed residential densities. Related Applications: OPA 91-020 to increase neighbourhood population target from 1,000 to 4,500 persons. Plan of Subdivision 1 BT-91004 for 1650 dwelling units C Rezoning Application DEV 91-016. Municipal Staff Position: Recommended population target of 12,000 (Report PD-311- 90) for the lands south of the CPR main line. The Clarington Official Plan Review is reviewing the population target in light of additional lands incorporated in the approved Regional Plan. Municipal Council Position: Supported population target of 15,000 on May 11, 1992 but did not object to approved population target of 17,500 in commenting to the Ministry of Municipal Affairs on May 10, j 1993. i Regional Staff Position: Recommended population target of 17,500. Regional Council Position: Adopted population target of 17,500 on June 5, 1991. Comments: Staff have met with Regional staff and Bramalea on this issue. Discussions are continuing and staff will report back if necessary. I i I I II Referral No. 27 Recommendation: That the Region of Durham be advised that the Municipality is working with Regional staff and Bramalea Ltd. to resolve Referral No. 27 (Bramalea Ltd.) without the necessity of a hearing. (Recommendation No. 3) I i I I l i i �I i I I I Referral No.: 30 MUNICIPALITY OF A, Name: Georgian Woods/Ray CLARINCT®N r' o , Abbott TYRONE Site: A 15.5 ha (38.30 acre) parcel located in Part of Lot 8, Concession 7, Darlington Township G�NC�SS`oN p0 O' Oo R30 POWER LINE -------------- -------------- n n 2 N m O r 91 x m a 9a Summary: Referral of Sections 13.3.5, 13.3.8, 13.3.9 a), 13.3.10 and 13.3.21. h) as they pertain to the Hamlet of Tyrone. The Sections cover the following matters: • the requirement of a settlement capacity study to delineate the limits of a hamlet and identify land uses • the requirement for an updated settlement capacity study, hydrogeological report, lot servicing plan, soil sampling program and grading plan for consideration of a plan of subdivision • the requirement for reconfirment of studies if plan of subdivision is not registered within 3 years of studies • the exemption of small plans of subdivision from the monitoring requirements provided a cumulative impact of all proposals is examined • the requirement for a country residential subdivision to have 2 access points Related Applications: OPA 86-36 to designate Tyrone as a "Hamlet for Growth" and expand the hamlet boundary. 560 Referral No. 30 Comments: On January 10, 1995, Regional Planning committee considered a report in which Regional staff stated that a settlement capacity study was not required since the application predated the 1991 Regional Official Plan. Based on this position, the applicant is willing to withdraw their referral. The decision of Regional Council is not know at the time of writing this report. There will be a separate Ontario Municipal Board Hearing related to the application to amend the Official Plan for the former Town of Newcastle. This hearing has not been scheduled but will consider the number of permitted units and the boundary for the hamlet. Recommendation: With the resolution of the Regional Plan issues, there will be no hearing on this matter. Consequently-no decision is required. 561 i Referral No.: 36 Name: Laidlaw waste "Epo �a2 System Ltd. Site: A 125.4 ha (310 acre) parcel in Lots 11 and 12, Concession 3, Clarke Township R36 s� Z 9 MUNICIPALITY OF CLARINGTON i Summary: Referral of their property in tot 12, Concession 3 (Clarke) and the following: A) Sections 2.3.6, 2.3,7, 2.3.8, 2.3.9, 2.3.10 and 2.3.11 in their entirety regarding the establishment of new waste disposal sites, the process for reviewing applications, the identification of former waste disposal sites and decommissioning and environmental audits of activities which discharge pollutants. B) Minister's modification 18 regarding decommissioning and redevelopment of former industrial sites. C Section 2.3.14 regarding Environmental Impact Studies as it relates to waste management sites. D) Section 2.3.21 (g) regarding the requirement for area municipal official plans to contain policies and designations for former and active industrial waste disposal sites. E) Sections 7.2.1 and 7.3.1 as they fail to recognize waste management sites as part of the regional structure. F) Section 20.4.4 regarding continuation, expansion or enlargement of existing uses. G) All of Section 12-Agricultural Areas and Section 14-Major Open Space System as they relate to the Laidlaw lands. Referral No. 36 Municipal Staff Position: Staff recommended the inclusion of specific policies for waste management sites (PD-59-91 and PD-108-92). Municipal Council Position: Council supported the inclusion of the waste management policies and land use designations. Regional Staff Position: Regional staff recommended the inclusion of waste management policies and the Major Open Space and Permanent Agriculture Reserve designation for the Laidlaw lands. Regional Council Position: With the exception of Minister's modification 18, Regional Council supported the referred policies and land use designations at the time of adoption. Comments: Many of the policies are referred in respect of waste management sites generally, not just the Laidlaw site. The object of Laidlaw's referrals appears to be preparing the groundwork for their site specific proposals. In this case, the referrals are premature in the absence of a specific application submitted for the Laidlaw lands. Such an application would be considered at a Consolidated Hearing where the Environment Protection Act and Environmental Assessment Act approvals could be considered concurrently. In light of the importance of the Laidlaw proposal in the Municipality, it is important for the Municipality to be represented with legal counsel, staff and possibly consultants. It is not possible to estimate costs until such time as the prehearing is held and the issues are clarified. There are funds in the Planning Department's proposed budget to cover the costs of legal representation on this issue at the pre-hearing conference. Recommendation: That the Municipality's solicitor be authorized to represent the Municipality at the pre-hearing conference with respect to Referral 36 and subsequently report back to Council on scope of the hearing the level of participation by the Municipality and the budget requirements for legal and consulting expertise. (Recommendation 7) I 566