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Home My WebLink About02/07/1994 Special . MUNICIPALITY OF CLARINGTON Special Council Minutes February 7, 1994 Minutes of a special meeting of Council held on Monday, February 7, 1994, at 4:00 p.IIL, in the Council Chambers PRAYERS Councillor Hannah led the meeting in prayer. ROLL CALL Present Were: Mayor D. Hamre Councillor A Dreslinski Councillor L. Hannah Councillor M. Novak Councillor J. O'Toole Councillor D. Scott Absent: Councillor K Hooper Also Present: Acting Chief Administrative Officer, M. Marano Manager of Engineering, T. Cannella Director of Community Services, J. Caruana (Attended the meeting until 5:03 p.m.) Manager, Strategic Planning, D. Crome . Director of Public Works, W. Evans Solicitor, D. Hefferon Director of Planning and Development, F. Wu (Attended the meeting until 5:44 p.m.) Clerk, P. Barrie DELEGATIONS Mr. John Davies, Markborough Properties, indicated that Mr. Ron Webb would be addressing Council on his behalf. Mr. Webb advised Council that Markborougb Properties concurs with the recommendations contained in the Addendum to Report PD-4-94, with the exception of two items. He requested the following amendments: a) That Section 2.2 c) of the report be amended to allow for the placement of an eating establishment with drive-through service in Area B, rather than limiting it to Area A as recommended by staff; and b) That Section 2.3 b) be amended to allow for the placement of medical and dental clinics on the ground floor. . Mr. Webb stated that the municipality requires a letter of credit toward the cost of construction of Streets A and B to be submitted now. He indicated that Markborough Properties has no difficulty with this, however, they would like to have the letter of credit returned once an agreement is executed and registered and then supplied again prior to submission of an application for building permits. Also, Mr. Webb questioned who should sign the agreement as the land is owned by two numbered companies. Mr. Webb requested Council's approval of relief from three requirements of the site plan, namely: . . . Special Council Minutes DELEGATIONS REPORTS O.P.A #56 West Main Central Area Secondary Plan D09.0P A93-C/005 - 2- February 7, 1994 a) Rather than the loading area being enclosed by the construction of a waIl on the south, east and north ends, Markborough Properties would prefer to complete berming or screening on the east and north ends; b) Staff have requested that the parking spaces along the face of the building be removed to allow for the construction of a 3 m sidewalk. It is Markborough's opinion that there is sufficient room to allow for both the sidewalk and the parking spaces. c) The site plan presently recommends that the traffic entering from Green Road go straight between two buildings. Markborough is requesting that the traffic head north and around the end of the mall to access the parking lot. Resolution #c-76-94 Moved by Councillor Scott, seconded by Councillor Dreslinski THAT Council move into Committee of the Whole. !tCARRIED" Resolution #C-77-94 Moved by Councillor Scott, seconded by Councillor Dreslinski THAT the meeting be "In Camera". "CARRIEDII Resolution #C-78-94 Moved by Councillor Dreslinski, seconded by Councillor Novak THAT Report PD-14-94 be received; THAT Staff and the Municipality'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; and THAT the Ontario Municipal Board and the parties to the Ontario Municipal Board Hearing be advised of Council's decision. llCARRIED" . . . Special Council Minutes REPORTS Servicing Agreements - Markborough Willsonia Verbal Report - 3- February 7, 1994 Resolution #C-79-94 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the servicing agreement referred to in recommendation 1. (a), of to PD-169-93 be made by the Municipality with 829426 Ontario Ltd., 838038 Ontario Inc., the Royal Bank of Canada and Martin Road Holdings Limited and West Bowmanville Developments Ltd.; THAT the servicing agreement referred to in recommendation 1. (b), of Addendum to PD-169-93 be made with Clarington Place Limited and Willsonia Industries Ltd; THAT paragraphs 1.2 (a) 1. and 3. of Addendum to PD-169-93 be deleted and replaced and a new paragraph 1.2(g) be added as follows: 1.2 (a) Transfer to the Municipality of: 1. Street B north of Street A and the northerly 13 metres of Street A from Green Road to Street B shown on OPA No. 56 and lying within the Markborough Lands; 3. an option to purchase for a nominal consideration the grid right of way on the proposed retail shopping facility lands exercisable in accordance with the provisions of OP A No. 56 together with an easement for pedestrian walkways through the retail shopping mall to provide access from the south and Green Road. 1.2 (g) security to be provided prior to the execution of and registration of the servicing agreement to be returned on the execution and registration of a subdivision agreement incorporating the necessary terms of the servicing agreement except those dea1ing with the Green Road and Highway No.2 contributions; THAT paragraph 1.3 (a) 1. be deleted and replaced and a new paragraph 1.3 (g) be added as follows: 1.3 (a) Transfer to the Municipality of: 1. Street B between Highway No.2 and Street E shown on OPA No. 56 and lying within the Willsonia Lands in connection with Phase 1 of the development and the haIance of the roads in connection with the next phase or phases of the development. 1.3 (g) security to be provided prior to the execution of and registration of the servicing agreement be returned on the execution and registration of a subdivision agreement incorporation the necessary terms of the servicing agreement except those dea1ing with the Highway No. 2 contributions. SEE FOLLOWING MOTION . . . Special Council Minutes REPORTS Resolution #C-SO-94 - 4- February 7, 1994 Moved by Councillor Dreslinski, seconded by Councillor Hannah THAT the foregoing Resolution #C-79-94 be divided to allow for the consideration of the addition of paragraph 1.2 (g) separately. "CARRIED" Resolution #C-79-94, with the exception of the addition of paragraph 1.2 (g) was then put to a vote and CARRIED. Resolution #c-Sl-94 Moved by Councillor Hannah, seconded by Councillor Novak THAT paragraph 1.2 (g) as referred to in the foregoing Resolution #C-79-94 be amended by deleting the word "those" after the words "servicing agreement except" and replacing it with the words "$250,000 and the security". Recorded Vote Yea Councillor Hannah Councillor Novak Councillor O'Toole Resolution #C-S2-94 MOTION LOST ON THE FOLLOWING RECORDED VOTE Nea Absent Councillor Dreslinski Councillor Scott Mayor Hamre Councillor Hooper Moved by Councillor Dreslinski, seconded by Councillor Scott THAT paragraph 1.2 (g) as referred to in the foregoing Resolution #C-79-94 be amended by deleting the word "those" after the words "servicing agreement except" and replacing it with the words "$750,000 and the security". Recorded Vote Yea Councillor Dreslinski Councillor O'Toole Councillor Scott Mayor Hamre MOTION CARRIED ON THE FOLLOWING RECORDED VOTE Nea Absent Councillor Hannah Councillor Novak Councillor Hooper . . . Special Council Minutes - 5- February 7, 1994 UNFINISHED BUSINESS Resolution #c-83-94 Proposed Zoning Moved by Councillor Novak, seconded by Councillor Dreslinski By-law Markborough D14.DEV.89.99 THAT the Addendum to Report PD-4-94 be received; THAT Report PD-4-94 be lifted from the table; THAT the recommendations of Report PD-4-94 be approved except for Recommendation No.2; and THAT the revised by-law attached to the Addendum to Report PD-4-94 to permit the development of 18,580 sq. IlL of retail commercial floor space on the lands subject to Rezoning Application DEV 88-099 be given first and second reading. SEE FOLLOWING MOTIONS Resolution #C-84-94 Moved by Councillor Novak, seconded by Councillor O'Toole THAT the foregoing Resolution #C-83-94 be amended as follows: a) THAT paragraph 2.2 b) of the Addendum to Report PD-4-94 be amended by deleting the words "but limited to Area as identified in the By-law"; and b) THAT paragraph 2.3 a) be renumbered as paragraph 2.2 f) to allow for an increase in floor area of Area "A" from 17,187 sq. m. (185,000 sq. ft.) to 17,614 sq. m. (189,600 sq. ft) and a reduction of the floor area of Area "B" from 1,393 sq. m. (15,000 sq. ft.) to 966 sq. m. (10,400 sq. ft.). MOTION LOST ON THE FOLLOWING RECORDED VOTE Recorded Vote Yea Nea Absent Councillor Hannah Councillor Novak Councillor O'Toole Councillor Dreslinski Councillor Scott Mayor Hamre Councillor Hooper . . . Special Council Minutes UNFINISHED BUSINESS Resolution #c-85-94 - 6- February 7, 1994 Moved by Councillor Novak, seconded by Councillor Hannah THAT the foregoing Resolution #c-83-94 be amended as follows: a) THAT paragraph 2.2 b) of the Addendum to Report PD-4-94 be amended by deleting the words "but limited to Area A as identified in the By-law". Recorded Vote Yea Councillor Hannah Councillor Novak Councillor O'Toole MOTION LOST ON THE FOLLOWING RECORDED VOTE Nea Absent Councillor Dreslinski Councillor Scott Mayor Hamre Councillor Hooper Resolution #C-83-94 was then put to a vote and the MOTION LOST ON THE FOLLOWING RECORDED VOTE: Recorded Vote Yea Councillor F AnnA h Councillor Novak Councillor O'Toole Resolution #C-86-94 Nea Absent Councillor Dreslinski Councillor Scott Mayor Hamre Councillor Hooper Moved by Councillor Dreslinski, seconded by Councillor Scott THAT Markborough Properties Inc. be advised that Council endorses Staffs requirements pertaining to the Site Plan for the subject property. Recorded Vote Yea Councillor Dreslinski Councillor Hannah Councillor Novak Councillor O'Toole Councillor Scott Mayor Hamre CARRIED ON THE FOLLOWING RECORDED VOTE Nea Absent Councillor Hooper . . . Special Council Minutes February 7, 1994 - 7- UNFINISHED BUSINESS Resolution #c-87-94 Moved by Councillor Hannah, seconded by Councillor Novak THAT Resolution #C-83-94 be reconsidered at this time. CARRIED ON THE FOLLOWING RECORDED VOTE Recorded Vote Yea Nea Absent Councillor Dreslinski Councillor Scott Councillor }l,mnRh Councillor Novak Councillor O'Toole Mayor Hamre Councillor Hooper Resolution #C-88-94 Moved by Councillor Dreslinski, seconded by Councillor Scott THAT the Addendum to Report PD-4-94 be received; THAT Report PD-4-94 be lifted from the table; THAT the recommendations of Report PD-4-94 be approved except for Recommendation No.2; and THAT the revised by-law attached to the Addendum to Report PD-4-94 to permit the development of 18,580 sq. m. of retail commercial floor space on the lands subject to Rezoning Application DEV 88-099 be given first and second reading. CARRIED ON THE FOLLOWING RECORDED VOTE Recorded Vote Yea Nea Absent Councillor Dreslinski Councillor Scott Councillor }lRnnRh Councillor Novak Councillor O'Toole Mayor Hamre Councillor Hooper . . . Special Council Minutes - 8- February 7, 1994 BY-LAWS Resolution #C-89-94 Moved by Councillor FlRnnRh, seconded by Councillor Dreslinski THAT leave be granted to introduce the following by-laws and that the by-laws be now read a fIrst and second time: 94-19 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the former Corporation of the Town of Newcastle (Markborough/West Bowmanville); 94-20 being a by-law to authorize the making of a Servicing Agreement in Implementation of Proposed Official Plan Amendment No. 56; and 94-21 being a by-law to authorize the making of a Servicing Agreement in Implementation of Proposed Official Plan Amendment No. 56. "CARRIED" Resolution #C-90-94 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the third and final reading of By-laws 94-20 and 94-21 be approved. ItCARRIED" CONFIRMING BY-LAW Resolution #C-91-94 Moved by Councillor Hannah, seconded by Councillor Dreslinsk:i THAT leave be granted to introduce By-law 94-22, being a by-law to confIrm the proceedings of the Council of the Municipality of Clarington, at this special meeting held on the 7th day of February 1994, and that the said by-law be now read a first and second time. llCARRIED" Resolution #C-92-94 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the third and final reading of By-law 94-22 be approved. ItCARRIED" . . . Special Council Minutes ADJOURNMENT - 9- February 7, 1994 Resolution #c-93-94 Moved by Councillor DresIinski, seconded by Councillor Scott THAT the meeting adjourn at 8:00p.m. "CARRIED" . tA' I ,/ .' ,/;;" ;' ,&{J;!//A~ I:' {Z;Jfd/ /' MAYOR CLERK