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Staff Report
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Report To: Planning and Development Committee
Date of Meeting: February 3, 2020
Submitted By: Rob Maciver, Municipal Solicitor
Reviewed By: Andrew C. Allison, CAO
File Number: L3040-36
Report Subject: Status of LPAT Appeals of OPA 107
Recommendation:
1. That Report LGL-002-20 be received for information.
Report Number: LGL-002-20
By-law Number:
Resolution#: 3'
Municipality of Clarington
Report LGL-002-20
Report Overview
The second phase of the OPA 107 hearing is now complete.
Of the original 22 appeals, only three are remaining.
1. Background
Page 2
1.1 The last written update on the status of the OPA 107 appeals was Report LGL-015-19
that was presented to Council on November 12, 2019. At that time, it was reported to
Council that the second phase of the hearing would commence on January 13, 2020.
2. Status Update
2.1 Of the ten days scheduled for the second phase of the hearing, only two days were
required.
2.2 On the first day, several matters were settled in accordance with the direction of
Council. In addition, two of the Tooley Road subdivision appellants withdrew their
appeals following extensive discussions between those appellants and Municipal staff.
2.3 As a result, there remain three outstanding appeals of the original 22 appeals that were
submitted.
2.4 A list of the remaining appeals is included as Attachment 1 of this report.
2.5 On the second day of the hearing, the Tribunal was asked for a preliminary ruling about
the applicability of certain policies to lands adjacent to the Orono urban settlement
boundary that would permit a 10-hectare enlargement of the Orono urban area. The
Ministry of Municipal Affairs and Housing takes the position that it is opposed to any
expansion of the Orono urban boundary. The Tribunal has not yet provided its decision
on this issue. If the Tribunal rules in favour of the Municipality, it may pave the way for a
partial approval of the Orono boundary expansion that was included in the Council -
adopted version of OPA 107.
2.6 The other two remaining appeals have been adjourned to allow the proponents to
complete additional work and possibly to modify their applications.
2.7 1 will provide with timely updates of any change in the status of the remaining appeals.
Municipality of Clarington
Report LGL-002-20
3. Concurrence
Page 3
This report has been reviewed by the Acting Director of Planning Services who concurs
with the recommendation.
Staff Contact: Robert Maciver, Municipal Solicitor, 905-623-3379 ext. 2013 or
rmaciver@clarington.net.
Attachments:
Attachment 1 -1 OPA 107 List of Remaining Appeals
Interested Parties:
There are no interested parties to be notified of Council's decision.
Attachment 1 to Report LGL-002-20
OPA 107 - LIST OF REMAINING APPEALS
1. Minister of Municipal Affairs and Housing
2. Michael Zygocki Limited and Boothia Developments Limited
3. 2408406 Ontario Inc., 2408426 Ontario Inc., and 2408428 Ontario Inc.