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Home My WebLink AboutPD-131-95 DN OMB GPA THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT -t r Meeting: General Purpose and Administration Committee File # X10 °. L Date: Monday, November 20, 1995 Res. #1 ,r Report #: PD-131-95 File #: OPA 89-32/C, 18T-89037, DEV 89-41, By-law # OPA 95-004/C, 18T-95023, DEV 95-017 Subject: ONTARIO MUNICIPAL BOARD PRE-HEARING CONFERENCE NEWCASTLE I LIMITED PARTNERSHIP AND NEWCASTLE II LIMITED PARTNERSHIP (FORMERLY STOLP HOMES (NEWCASTLE) DEVELOPERS) 289143 ONTARIO LIMITED Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following- 1. THAT Report PD-131-95 be received for information 1. BACKGROUND A Pre-hearing Conference before the Ontario Municipal Board is scheduled for November 23, 1995 with respect to the referral or appeal of six related development applications. Attachment # 1 to this Report indicates the lands subject to the referrals and appeals. 1.1 Newcastle I Limited Partnership and Newcastle II Limited Partnership Three applications submitted by Newcastle I Limited Partnership and Newcastle II Limited Partnership are the subject of the hearing as follows: • official plan amendment application OPA 89-032/C • plan of subdivision application 18T-89037 • rezoning application DEV 89-041 The applicant is proposing to develop 168 single-detached units, 130 semi- detached or link units, and 189 townhouse units. These application also propose sites for a separate school, public school and a parkette. I 2 590 REPORT NO. PD-131-95 PAGE 2 The applications are referred to the Ontario Municipal Board on the basis of "Council's refusal or neglect" to deal with the applications. 1.2 289143 Ontario Limited Three applications submitted by 289143 Ontario Limited are the subject of the hearing as follows: • official plan amendment application OPA 95-004/C • plan of subdivision application 18T-95023 • rezoning application DEV 95-017 The applicant is proposing 166 single units, 134 semi-detached or link units, and 18 street townhouse units. These applications also propose a site for a neighbourhood park, parkette, and reserved block for a portion of the "planning precinct" which will accommodate a convenience plaza, church, parkette and medium and high density housing. The applications are referred to the Ontario Municipal Board on the basis of "Council's refusal or neglect" to deal with the applications. 1.3 Purpose of Hearing The pre-hearing conference will deal with preliminary and procedural matters which are identified below. • Identification of parties • Identification of participants • Identification of issues • Start date and duration of the hearing • Consolidation of matters • Directions for pre-filing of witness lists, expert witness statements and written evidence • Possibility of settlement of any or all of the issues 3 591 REPORT NO. PD-131-95 PAGE 3 • The hearing of motions • Such further matters as the Board considers appropriate Evidence or formal statements may also be heard at the pre-hearing conference in an attempt to settle the matters in dispute. 2. POTENTIAL PARTIES OR PARTICIPANTS AT THE HEARING 2.1. South-West Courtice Developers Group Only two of the developers in the South-West Courtice Developers Group have referred their applications. 765400 Ontario Limited have chosen not to refer their applications but may be a party or participant in the hearing. The Newcastle Limited Partnerships I and 11 and 289143 Ontario Limited referred their applications noting unreasonable delay and concern that their applications would be caught up with other planning issues unrelated to South-West Courtice. These other planning issues could delay processing of the application for another year or two until a new Official Plan is adopted. 2.2 Courtice Heights Development Courtice Heights Developments raised a number of concerns regarding the applications in south-west Courtice noting that the lands in Neighbourhood 3C have priority status for development due to their prior approval in the Courtice Urban Area. Courtice Heights currently have applications for an official plan amendment, a neighbourhood plan amendment and two plans of subdivisions and related rezoning in Neighbourhood 3C. Council referred these applications to the Official Plan Review Process. It is noted that Courtice Heights Developments have also referred their applications to the Ontario Municipal Board. Mr. Manson has confirmed that Courtice Heights will be attending the pre-hearing conference but it is not known whether Courtice Heights Developments will seek to consolidate their referrals to this hearing. ....4 592 REPORT NO. PD-131-95 PAGE 4 2.3 City of Oshawa On October 30, 1995, the City of Oshawa adopted the recommendations of a report from the Oshawa Planning Department which included the following objections: • the City of Oshawa opposes the proposed east-west collector road alignment intersecting with Townline Road opposite Grandview Drive in the applications for official plan amendment and the plan of subdivision; and • the City of Oshawa opposes the proposed reclassification of Townline Road South from a Type C arterial road to a Type B arterial road as proposed in the applications for official plan amendment. 2.3 Residents It is not known if any residents will attend the pre-hearing conference. Council is aware of the verbal and written comments made by residents during the circulation process. Their concerns are summarized as follows: • oppose the use of agricultural land and the loss of a current farming operation for housing; • various views on the transportation impacts on Prestonvale Road and Robert Adams Drive and the proposed reclassification of Prestonvale Road as a Type C arterial; • concern over the traffic problems in the vicinity of old Bloor Street and Townline Road; • loss of the view of the lake with the construction of new homes; and • allow for the completion of development area north of Mother Teresa School before other projects are allowed to proceed. These and other issues may be raised by residents either collectively or as individuals should they participate at the hearing. I 5 593 REPORT NO. PD-131-95 PAGE 5 2.4 Region of Durham The Region of Durham will take an active role in the hearing, particularly with regard to transportation issues. Municipal staff will be meeting with Regional staff to review their position prior to the Pre-Hearing. 2.5 Municipal Position Planning staff understand that the Solicitor will be making a verbal report at the General Purpose and Administration Meeting. He will be requesting instructions for the Pre-hearing Conference. 3. CONCLUSION The Pre-Hearing Conference scheduled for November 23, 1995 will, among other things, involve the identification of parties or participants, the issues involved, hear motions to consolidate other matters, and consideration of the possibility of settlement of some or all of the issues outside of the Hearing. This report is presented for Council's information. A verbal report will be made by the Solicitor regarding the upcoming pre-hearing conference. Respectfully submitted, Reviewed by, Franklin Wu, M.C.I.P., R.P.P., W. H. Stockwell Director of Planning Chief Administrative and Development Officer TH*DC*FW*cc Attach. November 13, 1995 594 ATTACHMENT +1 LANDS SUBJECT OF OFFICIAL PLAN AMENDMENT /-/W)I. No. 2 Q Courtice South. ' �- Nelghbourhood 2A • •-. +� Lands Subject Of Official Plan `� :.- • '. ' ' Amendment. C3 Bl o or St. -4 289143 Ontario Limited Courtice South—West /Newcastle K elghbourh d 4 • Limited ' L Partnership C� 595