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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 If Amendment 56 is approved by the Board, Amendment 55 and portions of Amendment 40 will be repealed.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 `� � 2 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 5 /5