HomeMy WebLinkAboutPD-164-93 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
DN: STATUS.GPA REPORT
Meeting General Purpose and Administration Committee File it LjL�-J),
Date Monday, December 6, 1993 Res k " 1 -9 -3
PD-164-93
Fie[)oil It — File fl
Subject ONTARIO MUNICIPAL BOARD HEARING
BOWMANVILLE WEST MAIN CENTRAL AREA
STATUS REPORT
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD-164-93 be received for information.
1. BACKGROUND
1. 1 The Ontario Municipal Board will commence a hearing on January
31, 1994 on a number of matters related to the Bowmanville
West Main Central Area. These matters are as follows:
• Amendment 255 to the 1976 Durham Region official Plan
referred at the request of Bowmanville Mall
• Amendment 290 to the 1976 Durham Region Official Plan
being referred at the request of Ghodfs Builders Inc. and
Bowmanville Mall
• Amendment 40 (West Main Central Area) to the Official
Plan of the former Town of Newcastle referred at the
request of Bowmanville Mall, Markborough Properties and
Ghodfs Builders Inc.
• Amendment 54 (Vanstone Mill lands) to the official Plan
of the former Town of Newcastle being referred at the
request of Bowmanville Mall
• Amendment 55 (Willsonia lands) to the Official Plan of
the former Town of Newcastle referred at the request of
Bowmanville Mall and Ghodfs�B/illders Inc. . . . .2
REPORT NO. PD-164-93 PAGE 2
• Appeal to the Board for an order amending Zoning By-law
84-63 by Markborough Properties and West Bowmanville
Developments
• Referral by Markborough Properties and West Bowmanville
Developments for the Board to determine the site plan
details with respect to their proposal
• Appeal to the Board for an order amending Zoning By-law
84-63 by Ghod's Builders Inc.
• Referral by Ghod's Builders Inc. for the Board to
determine the site plan details with respect to their
proposal
1. 2 The provisions of Amendment 56 overlap those of Amendments 40
and 55. If Amendment 56 is approved by the Board, Amendment
55 and portions of Amendment 40 will be repealed.
If Council adopts Amendment 56 and if it is to be heard by the
Board at the hearing commencing January 31, 1994, this matter
would need to be referred to the Board by the Minister of
Municipal Affairs. In adopting the recommendations of Report
PD-158-93 the Municipality would be requesting the Minister
to refer this matter and have it joined to the hearing
scheduled for January 31, 1994 .
1. 3 In addition, Bowmanville Mall, Markborough Properties and
Ghod's Builders have requested referral of portions of the
1991 Durham Region Official Plan. At the present time, it is
not clear when the referral will be made. These referrals may
be heard at the hearing commencing January 31, 1994 or at
subsequent hearings dealing with all the provisions of the new
1991 Durham Region Official Plan.
. . . . 3
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REPORT NO. PD-164-93 PAGE 3
1. 4 Markborough Properties has also appealed to the Board three
severance applications related to their lands and those of
Canadian Tire Corporation. I understand that Markborough
Properties intends to ask the Board to have these matters
joined to the other matters to be heard at the hearing
commencing on January 31, 1994 .
1. 5 Willsonia Industries Ltd. have prepared a site plan for their
lands on the basis of the Urban Design Plan approved in
principle by Council on October 14, 1993 . This application is
anticipated shortly. Willsonia Industries Ltd. will be
appealing their rezoning application and may also be referring
their site plan application to this same hearing.
1. 6 The hearing is currently scheduled to run for 10 weeks. The
other parties at the hearing include the Region, Markborough
Properties and West Bowmanville Developments, Willsonia
Industries Ltd. , Ghod's Builders Inc. , Cosmart Marketing
Corp. , Vanstone Mill Inc. , The Bowmanville Business Centre
(BIA) and Bowmanville Mall.
2 . LEGAL AND CONSULTING ASSISTANCE
2 . 1 The Municipality's solicitor will represent the Municipality
at the scheduled Board Hearing. In addition to Municipal
Staff giving evidence, it has been determined that the
consulting team for the Bowmanville West Main Central Area
Study should provide assistance for the Municipality. In this
regard, Berridge Lewinberg Greenberg, The Climans Group and
Cumming Cockburn have been retained to prepare for the
hearing.
Under the agreement executed between the Municipality and
Markborough Properties/West Bowmanville Developments, all
reasonable legal and professional consulting costs incurred by
the Municipality are to be paid by the above parties. In
order to facilitate the payment of the consultants, funds will
REPORT NO. PD-164-93 PAGE 4
be drawn from the Planning Department Professional Fees
Account and subsequently reimbursed by Markborough Properties
and West Bowmanville Developments.
2 . 2 With respect to the Bowmanville Main Central Area Study,
additional costs were incurred as the result of developing a
secondary plan to accommodate Council's resolution of July 26,
1993 . For example, the transportation component of the study
has to be reviewed to ensure Council's resolution are
implementable and be supported at the O.M.B. Hearing. These
additional costs will be paid from the Planning Department's
budget for consulting services and not reimbursed from any
other source.
3 ADDITIONAL MATTERS
3 . 1 Prior to the hearing, Council's position with resect to the
following will have to be ascertained.
• Official Plan Amendment and Zoning Amendment Applications
submitted by Ghod's Builders Inc.
• Zoning Amendment Application by Markborough Properties
and West Bowmanville Developments
• Zoning Amendment Application by Willsonia Industries Ltd.
Notices of Public Meeting for the above matters will be sent
out and separate reports will be forwarded to General Purpose
and Administration Committee in January, 1994 .
X74 . . . .5
REPORT NO. PD-164-93 PAGE 5
Respectfully submitted, Recommended for presentation
to the Committee,
s F rl
Franklin Wu, M.C. I.P. Marle Marano, Acting
Director of Planning Chief Administrative Officer
and Development
DC*FW*cc
*Attach
25 November 1993
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