HomeMy WebLinkAboutPSD-014-07
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REPORT
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, January 22,2007
Report #:
PSD-014-07
File #: PLN 2.5.3
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By-law #:
Subject:
DURHAM REGIONAL OFFICIAL PLAN REVIEW - APPEALS TO
AMENDMENT 114 TO THE DURHAM REGIONAL OFFICIAL PLAN REVIEW
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-014-07 be received for information.
Submitted by:
vi Crome, M.C.I.P., R.P.P.
irector, Planning Services
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Reviewed bye ~---JLA::J ~
Franklin Wu
Chief Administrative Officer
DJC/df
15 January 2007
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-014-07
PAGE 2
1.0 BACKGROUND
1.1 On September 13, 2006, Regional Council adopted Amendment 114 to Durham
Regional Official Plan incorporating the results of the Durham Regional Official Plan
Review. This review addressed five key areas: transportation, commercial, rural,
environmental and population/employment growth. Amendments addressing the first
four components were approved. The Population, Employment and Urban Land
component was largely deferred because the Province's Growth Plan pre-empted the
adoption of major components of this section.
1.2 In accordance with the Planning Act, notice of decision was given and there was the
statutory appeal period. In total there were 23 appeals registered, including an appeal
by the Ministry of Municipal Affairs. The attached Regional Commissioner's Report
2006-P-86 (Attachment 1) provides an overview of the appeals.
1.3 There are two site-specific appeals in Clarington related to urban-boundary expansions
as follows:
. Uxbridgegate Developments Inc. and Holloway Developments Inc. (Tribute Homes)
wanting an expansion to the Courtice urban area boundary to be shown on
Schedule 'F' - Future Growth Area.
. 3736 Highway 2 Ltd. and 1596464 Ontario Inc. appealing the designation of Prime
Agricultural Area for lands just east of the Newcastle Urban Area boundary.
The site specific appeals areas are identified on Attachments 2 and 3 respectively.
1.4 There are a few other appeals that are of interest to Clarington, particularly those of the
aggregate industry. It is also noted that the Ministry of Municipal Affairs and Housing
appealed several issues related to Greenbelt Plan conformity and decisions by Regional
Council to convert lands in Oshawa and Whitby from Employment Areas to Living
Areas.
1.5 We will keep Council apprised as the appeals are further processed and considered. In
a number of instances, clarification of the appeal is required. They may be resolved with
agreed upon modifications or may proceed to a hearing.
Attachments:
Attachment 1 -
Attachment 2 -
Attachment 3 -
Commissioner's Report 2006-P-85
Lands owned by Uxbridgegate Developments Inc. and Holloway
Developments Inc.
Lands owned by 3736 Highway 2 Ltd. and 1596464 Ontario Inc.
Attachment 1
To Report PSD-014-07
The Regional Municipality of Durham
To: The Planning Committee
From: Commissioner of Planning
Report No.: 2006-P-86
Date: December 12, 2006
SUBJECT:
Durham Region Official Plan (ROP) Review - Appeals to Amendment 114 to the
Regional Official Plan, File: 012-01
RECOMMENDATION:
THAT Commissioner's Report No. 2006-P-86 be received for information.
REPORT:
1. The purpose of this report is to provide a summary of the appeals received to
Amendment 114 to the Regional Official Plan (ROP), and to outline the steps
that will be followed to address the appeals.
2. On September 13, 2006, Regional Council adopted Amendment 114 to the
ROP incorporating the transportation, commercial, rural, environmental and
certain aspects of the population and urban land components of the ROP
Review.
3. A total of 23 appeals, raising over 120 issues, were registered with the
Regional Clerk by the deadline of October 18. 2006. Attachment 1 provides a
list of the appellants (in no specific order or category of importance) and the
general nature of their appeal. Key policy areas that have been identified in
the appeals include:
. Greenbelt Plan related issues (Appeals 2, 4, 6, 16, 17 and 18 - Attachment 1 );
. Employment land conversion policies (Appeals 3, 5 and 20 - Attachment 1);
. Hamlet expansion policies (Appeals 4 and 20 - Attachment 1);
. Aggregates policies (Appeals 12, 13, 14 and 15 - Attachment 1 );
. the designation of Prime Agricultural Areas (Appeal 11 - Attachment 1);
. the redesignation of Employment Areas to Living Areas (Appeals 4 and 23 -
Attachment 1);
31
Report No.: 2006-P-86
Page No.2
. Future Growth Areas (Appeals 6 and 10 - Attachment 1);
. the designation of Regional Corridors (Appeals 6, 19 - Attachment 1 ); and
. Transportation system designations (Appeals 1, 6, 9 and 22 - Attachment 1).
The Regional Clerk forwarded the Notices of Appeal to the Ontario Municipal
Soard (OMS) on November 1, 2006, as required by the Planning Act. The
appeals are now in the hands of the OMB.
4. Regional Council Policy PL-OFF-2, approved on November 14, 1979,
authorizes the Regional Solicitor to make representation before the OMB in
supporting Council decisions related to the ROP, and authorizes staff to
appear as witnesses with respect to OMB appeals.
5. An initial review revealed that a number of the appeals provide limited
information on the basis for appeal. Five appear to appeal Amendment 114
in its entirety. Each appeal is being reviewed for potential resolution of
issues, without the need for a full hearing. Preliminary assessment suggests
that there are opportunities for resolution on many of the appeal issues.
6. As of the preparation of this Report, no instructions have been received from
the OMS on how the appeals will be considered. In the interim, the Legal and
Planning Departments' are examining the over 120 issues raised in the
appeals. Opportunities to resolve as many appeals as possible are being
identified, while still maintaining the policy objectives of Amendment 114, as
adopted by Regional Council. Any changes to Amendment 114, that may be
required to resolve an appeal, will be presented to Planning Committee and
Council for approval. Any settlement is subject to OMS consideration and
decision.
7. Once the OMS is engaged, it is anticipated that each of the appeals will be
scoped. This will hopefully result in the unaffected parts of Amendment 114
being approved and in full force. Once the opportunities for resolution have
been exhausted, the appeals that will be the subject of actual OMB hearings
will be known. At this point, the matter is being addressed with available
Regional Planning and Legal resources. The matter of resources will be
32
Report No.: 2006-P-86
Page No.3
addressed further with Planning Committee and Council, when the matters
that will be the subject of a hearing are known.
1/
A.L. Georgieff, M.C.I.P., R.P.P.
Commissioner of Planning
RECOMMENDED FOR PRESENTATION TO COMMITTEE
Attachment:
1.
Summary of Appeals
H:\ 1-2\agendas\2006\ 12-12-06\ROP Appeals.doc
33'
Attachment 1
Summary of Appeals to ReQional Official Plan Amendment 114
1. Davies Howe Partners on behalf of Stelar Properties Ltd.:
. Lands located at northwest corner of Harris St. and Beech St. in Whitby.
. Appeals:
_ addition of new Type C Arterial Road between Brock and Cochrane
Streets; and
_ general transportation policies related thereto.
2. Malone Given Parsons Ltd. on behalf of Brooklin Golf Course:
. Lands generally located north of Brawley Rd., south of Reg. Rd. 5, west of
Hwy. 12 and east of Ashburn Rd. in Whitby.
. Appeal related to Greenbelt Plan conformity.
. Appeals on the basis that the subject lands be designated "Major Open
Space Areas" rather than "Prime Agricultural Areas", to permit
consideration of golf course use.
3. Fogler, Rubinoff on behalf of Trinity Development Group:
. Appeals policies related to employment activity rate (1 job for 2 persons)
and employment land conversion.
4. The Minister of Municipal Affairs and Housing:
. Appeals policies related to:
_ Greenbelt Plan conformity as it relates to consideration of expansions
of northern urban areas;
_ Greenbelt Plan conformity to as it relates to hamlet expansion policies;
and
_ Growth Plan conformity as it relates to the redesignation of lands in
Whitby and Oshawa from Employment Areas to Living Areas.
5. McCarthy Tetrault on behalf of Caveson Developments Inc. and Croftport
Developments Ltd.:
. Appeals policies related to employment land conversion policies.
. Appeals on the basis that the employment land conversion policies would
impair the ability of any planning exercise to appropriately consider the
locational and other attributes of existing urban lands in determining future
. designations.
34
Page 2
6. Polack, McKay and Hawkshaw on behalf of the Town of-Ajax:
. Appeals policies related to:
_ deletion of Highway 401/407 links on the basis that the links should not
be changed until the Environmental Assessment is completed;
- Greenbelt Plan conformity (various policies);
_ Future Growth Areas (schedule and policies) on the basis that they are
inconsistent with the Growth Plan and are premature until the
conformity exercise has been completed; and
_ the designation of Regional Corridors on Taunton Rd. and Bayly St.
7. MHBC on behalf of Mason Homes:
. Lands located within Special Study Area 6 in Uxbridge.
. Appeals on the basis that servicing capacity should be directed to Special
Study Areas prior to consideration of urban area expansions and that
secondary plans should not be mandatory in all circumstances.
8. Fourteen Estates:
. Appeals on the basis that Country Residential subdivision development
policies be retained and that a specific property in Pickering be recognized
for such use.
9. Blake, Cassels and Graydon LLP on behalf of Kingsway Meadows and
Estates:
. Lands located at the west side of Townline Rd. in the area of the proposed
extension of Rossland Rd. in Oshawa.
. Appeals:
_ Schedule C - Map C2, as it relates to how future road symbol has
been shown on Plan and Schedule B - Map B1d, as it relates to how
Key Natural Heritage and Hydrologic Features are shown in the area of
subject lands;
_ general transportation policies related to the designation of roads;
- Implementation policies;
- Area municipal Official Plan conformity; and
- land acquisition policies.
35
Page 3
10. Davis and Company LLP on behalf of Uxbridgegate Developments Inc. and
Holloway Developments Inc.:
. Lands located at the east side of Courtice, Clarington.
. Appeals on the basis that the lands were removed from Schedule 'F'.
11. Singh, Tucciarone on behalf of 3736 Highway 2 Ltd. and 1596464 Ontario
Inc.:
. Lands located at the northeast of Newcastle Village in Clarington.
. Appeals designation of "Prime Agricultural Areas" on subject lands on the
basis that the lands are no longer viable agricultural lands.
12. Ontario Stone, Sand and Gravel Association:
. Specific issues not identified.
13. Lafarge North America:
. Appeals policies related to:
_ discretion related to the requirement for watershed plans prior to
consideration of development applications;
potential for establishment of new significant natural heritage features
without an amendment to the Plan;
identification of aggregate extraction below the water table as a risk to
municipal water supply and prohibition of extraction within 100 metres
of a municipal well; and
the definition of "woodlands" and its applicability within and outside the
Greenbelt Plan Area.
14. Miller Paving Ltd.:
. Appeals policies relating to:
_ the definition of woodlands should distinguish between inside and
outside the Greenbelt;
- watershed plans;
_ the mapping of natural heritage and hydrogeological features; and
- wellhead protection areas.
36
Page 4
15. Dufferin Aggregates:
. Appeals policies relating to:
_ the definition of woodlands should distinguish between inside and
outside the Greenbelt;
- watershed plans;
_ the mapping of natural heritage and hydrogeological features; and
- wellhead protection areas.
16. Herta Kuleshnyk:
. Lands located at 2133 Audley Rd. North, Ajax.
. Appeals on the basis that property is located within the Greenbelt.
17. Peter Landry:
. Lands located at 620 Taunton Road East, Ajax.
. Appeals on the basis that property is located within the Greenbelt.
18. Tunney Planning Inc. on behalf of Coppa, Guthrie, O'Connor, Picov Farms
Inc., Stroud and Faria Farms:
. Lands located east of Audley Rd., south of Taunton Rd., north of 401 in
Ajax.
. Appeals on the basis that lands should be designated "future
development" should they be removed from Greenbelt.
. Appeals policy related to urban separator.
19. Aird and Berlis LLP on behalf of Runnymede Development Corporation:
. Lands located on the south side of Hwy". 2 between Carruthers Creek and
Audley Rd., in Ajax.
. Appeals on the basis that the lands be designated as a Regional Corridor.
20. Walker, Nott, Dragicevic Associates Limited on behalf of Runnymede
Development Corporation and Tribute Communities:
. Appeals policies related to:
_ employment land conversions, suggesting that they should refer to
"non-employment generating uses";
_ various environmental policies, suggesting revised wording;
_ servicing alternatives for rural settlements;
- hamlet expansions; and
37
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- suggested wording to revise certain definitions.
21. Bousfields Inc. on behalf of G8 Oshawa Investments Limited:
. Lands located south of Columbus Rd. and north of Reg. Rd. 3.
_ Appeals on the basis that a specific policy be added to permit
development in Deferral 12 (Oshawa), through a privately or
municipally initiated amendment that need not be part of a municipally
initiated comprehensive review.
22. Davies Howe Partners on behalf of Beechnut Development Corporation Inc.:
. Lands located on the west side of Townline Rd. in area of proposed
extension of Rossland Rd. in Oshawa.
. Appeals:.
_ Schedule C - Map C2, as it relates to how future road symbol has
been shown on Plan and Schedule 8 - Map 81d, as it relates to how
Key Natural Heritage and Hydrologic Features are shown in the area of
subject lands;
_ general transportation policies related to the designation of roads;
- Implementation policies;
_ Area municipal Official Plan conformity; and
- land acquisition policies.
23. Davis & Company LLP on behalf of Beechridge Farms Inc.
. Appeals decision to approve ROPA 114 as it continues to show lands as
"Employment Areas" when recent OMS decision was to redesignate to
"Living Areas".
".8
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Attachment 2
To Report PSD-014-07
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Attachment 3
To Report PSD-014-07
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