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Home My WebLink AboutPD-2-99 ~. DN: PD-2-99 "- v THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Date: Monday, january 4, 1999 File # -00"')'. GQA - 3-Cf9 Res.#C::>I"~-~-9'/ Cb \-"<-1 -:5 '-l"'1 Meeting: General Purpose and Administration Committee Report #: PD-2-99 File #: PLN 32.12; PLN 32.12.2; PLN 32.12.3; PLN 32.12.5; PLN 32.12.8; PLN 32.12.11 By-law # Subject: STATUS OF REFERRALS & APPEALS TO THE CLARINGOTN OFFICIAL PLAN FILE NO.: PLN 32.12; PLN 32.12.2; PLN 32.12.3; PLN 32.12.5; PLN 32.12.8; PLN 32.12.11 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-2-99 be received for information. 1. BACKGROUND 1.1 The Clarington Official Plan was adopted by Council on january 29, 1996 and approved by the Region of Durham on October 31, 1996. A total of 8 Referrals and 3 Appeals were received. Staff Report PD-159-97 to the December 8, 1997 General Purpose and Administration Committee noted that Referral No.1 (Cornish), Referral No.4 (Curtis), Referral No.6 (North Lake Estates), Referral No.7 (Roman and Holt), and Appeal No. 1 (Mosport) had been resolved. 1.2 Since that time, Referral No.2 (Provenzano) and Referral No. 8 (Domitrovic) have been resolved. These referrals are discussed in more detail in Section 2 of this report. Referral No. 3 is proceeding to a hearing before the Ontario Municipal Board in january 1999, while negotiations are continuing with the Aggregate Producers Association of Ontario (APAO) in an effort to resolve Referral No.5 and the related Appeals Nos. 2 and 3. The unresolved referrals/appeals are discussed in Section 3 of this report. 6U6 ~ v REPORT PD-2-98 PAGE 2 2. RESOLVED REFERRALS 2.1 Referral No.2: Otto Provenzano 2.1.1 The referral relates to a 1.3 ha parcel owned by Mr. Provenzano located on the north side of Highway 2 between Trulls Road and Courtice Road, lying immediately north of the designated Main Central Area. The Official Plan designates the property as 'Residential', with 'Special Policy Area F - King Street Corridor' shown as an overlay designation. Residential uses and limited office development are permitted; however, strip retail commercial uses are specifically not permitted. The referral by Mr. Provenzano requested that the Main Central Area designation be extended to include his lands. 2.1.2 A 3Y:z day OMB hearing in respect of Referral No.2 was held in November 1998. The Board dismissed the referral and approved the designations as shown in the Council- approved Official Plan. In its decision, the Board noted that the Provenzano lands are not necessary to spatially or functionally complete an effective Main Central Area, and that Highway 2 made it difficult to integrate the property within the Main Central Area. The Board also noted that the development of retail commercial uses on the property would contribute to strip commercial development along Highway 2 and would undermine the planned function of the Main Central Area. 2.2 Referral No.8: Joe Domitrovic 2.2.1 The referral sought to expand the uses permitted in the 'Green Space' designation by Section 14.5.1 of the Official Plan in order to permit the continued operation of an automotive repair and automotive body shop at 3872 Courtice Road. A hearing before the OMB in respect of Referral No.8 was scheduled to be held in May 1998. However, Mr. Domitrovic withdrew his referral request prior to the start of the hearing. With the withdrawal of the referral request, the Region's decision to approve Section 14.5.1 came into effect. 6" 7 u , ~ , REPORT PD-2-9B PAGE 3 3. OUTSTANDING REFERRALS 3.1 Referral No.3: Courtice Heights Developments 3.1.1 Related Applications submitted by Courtice Heights . Official Plan Amendment Application: COPA 97-007 . Subdivisions: 18T-92014 and 18T-94027 . Rezoning: DEV 94-067 & DEV 92-033. 3.1.2 Referral No.3, as submitted by Courtice Heights Development, seeks to increase the population and housing targets for the Hancock Neighbourhood. As well, the referent has objected to the provision in Section 14.4.3 which requires a 5 metre minimum development setback from lands designated 'Environmental Protection Area'. 3.1.3 On September 21, 1998, Committee considered Report PD-106-98. Council subsequently approved the recommendations that requested the OMB to amend the Official Plan by incorporating the changes set out in Amendment No. 10 and to modify the Official Plan by incorporating the changes set out in Modification No. 171. Amendment No. 10 adjusts the housing and population targets in Table 9-2 and Map E1, while Modification No. 171 introduces a new Section 14.4.5 which would exempt the two Courtice Heights subdivisions from providing a 5 metre development setback from woodlots designated 'Environmental Protection Area'. The Modification further requires that the protection of Environmental Protection Areas on adjacent lands be addressed through the conditions of draft approval for the subdivisions. 3.1.4 A 5 day OMB hearing in respect of Referral No. 3 and the related applications is scheduled to begin January 11, 1999. Mrs. Libby Racansky has submitted an Issues List to the Board on behalf of the residents opposed to the Courtice Heights developments. A copy of Mrs. Racansky's letter to the Board forms Attachment No.1 to th is report. 6G8 , v REPORT PO-2-98 PAGE 4 3.2 Referral No.5: Aggregate Producers' Association of Ontario Appeal Nos. 2 & 3: Municipality of Clarington 3.2.1 Referral No.5 is very extensive and encompasses a total of 30 policies and six maps. The Municipality also appealed the failure of the Region to make a decision on the portions of the Official Plan which prohibit aggregate extraction in the Ganaraska headwaters, and which set out the study requirements for aggregate extraction applications. 3.2.2 The APAO has also appealed Amendment No. 3 to the Clarington Official Plan, approved by Council in October 1997. This amendment moves the policies related to Map D from Chapter 15 to Chapter 4, and incorporates a new section outlining strategic policies for mineral aggregates into Chapter 4. Amendment No.3, as well as Appeals 2 and 3, have been consolidated to the hearing related to Referral No.5. A pre-hearing for ReferralS and the related appeals has been scheduled for March 31 and April 1, 1999. 3.2.3 The APAO has identified 6 broad issues related to the Official Plan's policies on the natural environment and mineral aggregates, as follows: . Environmental policies should be balanced by a stronger recognition of the strategic importance of mineral aggregates; . Avoid duplicating the study requirements of other agencies; . Environmental policies should allow for compromise when less significant environmental features overlay important aggregate deposits; . Uses permitted in association with aggregate operations should reflect municipal . jurisdictions and provincial licenses; . Protect mineral aggregate resources from severances; and . Allow environmentally acceptable extraction and rehabilitation proposals that enhance existing conditions in the Ganaraska watershed. 609 , REPORT PD-2-98 PAGE 5 ~- 3.2.4 Staff is continuing to negotiate with the APAO in an attempt to resolve the referral. The two Conservation Authorities, the Region, SAGA and STORM, as well as the Ministries of Natural Resources and Municipal Affairs and Housing have also been involved with the discussions. The Municipal Solicitor and the Acting Director of Planning will provide an "in camera" verbal report to Committee on the status of the negotiations. Respectfully submitted, Reviewed by, ()r~- ~ J. rome, M.C.I.P., R.P.P., irector of Planning & Development Franklin Wu, M.C.I.P., R.P.P., Chief Administrative Officer JAS*DC*cc December 16, 1998 Attachment No. 1 Letter from Mrs. Racansky identifying issues and witnesses for Referral No.3. 610 , D~C 11 1998 16:09 FR ROBINS APPLEBY TAUB 416 868 0306 TO 630~0007237~9190 P.02/03 12/11/98 FlU la:4U NUt. "'uv.""u........ -~-- --. - ATTACHMENT NO.1 3000 HanCOCk Road Courllce, ON L1E2Ml Tel. (9lJ5-436.2S76 December 11, 1998 Onlario Mun~1 Board, A1tllflllon: Mr. John LyDn Sun_ 1500 655 BlIy Street Toronto, ON M5G 1 E5 He: RelllrrCll No. 3, Board FIle No.IIIl7OOO4 OMS Calle No. PL970051 Dear Sir As per your reque&l at the last Pre-llearlng COnlerence In september, on behalf of the residents concelT1ed GllOut tI1ill development, I tol'llllJd the following 18.- Ust. The proposed plan of sulxllvillion without revision has I1Q regard for the environmenlal8llflsiliVlly of fhe lallClln qu88fion nor the FareweUIBlack watllfllhed llOQ5Y$fllm and n does na1 lake Into QCQOunt the needs 01 i1$ present cud MUle residents lar the foUawing reasons: 1. Walar Table OMlUne. Each previoUS development hils lowered the water table, wtthe final odverse effB<<:ta of an dtl\IllIOpmG/llC collecliVelY 15 unknown. It willlmpaolthe environment and lt1e 'MIler supply of residents. 2. Impact vf Populatlon Dtm&itr. The proposed population densiiy is aver 50% higher than the originlll number projected by tllll orIgInal E.l.A. in 1981. this furtllllr incn!OSe will reduce. even mare, the lnlillrafton and conlribUlfon fo the basefloW to two DOld stream creeks. In oddnlon, n is In conflie! wnh Ihe pfellen! population distribution In !he sunoundlng area~ ' S. Prlnolple of P.".lopmlll1f. Them was no knowledge allond sensitivity When Ihe principle 01 development VlQS established In lhe 197O'e and na pro~r documentollon otlncluslon ollhls Iond within the urban boundary has ever been loc:oled. 4. Urban Boundary and MDat., Dl'Cllinage Plan. The land in question was noIlnc!uded within the urf)On boundary (1995) or the Mc3sIer Drainage Pion (1980). ' 5. Setback ~n and RlHhoIInlllan of Hamrd Lande. The applicanls lands were cleared prlorto 'he O. P A and hence the property's ""vironmenlal stgnllioonce was oIIllred and nalullll droinage 01 surrounding oreoswae negofivel)' inOulIIlCed to llie point wllorll 0 safely hazard exists. Wdh odd~ionallllltback exceptiOns and the re-deOn\llon of hazard lands. lhere atll no assurancee 1lia1 lurther safely thl'llOlll will be avoided. 6. Lack of E.l.S. The Impoc1 stud)' wos sitlHlpllClflC and "Is no1 poesiblll 10 evoluale IlIfec\lvely ond . Bnvlronmunlallmpocl wilhoutlnClUding lIle euO'Olllldlng lands. 7. Road Allgnn..m. The planned IODd crosses hazard lands, InIemIpts natural waler IIow lrom slgnilicOllt nalural features, and eugg88lll Ihqf even mot1I encroachment on llie environment Is Rkely In lIle future. a. RellflOneibilifV of lhe Oevltloper. In lt1e JlCISI, the developer cleored Ionds With no regard lor the enviRInmenllll eensi1ivily 0\ the IUllQ and hence demanatraled a lock of m&pOnsibllily. The oppNcant i9 now required to dovl'llop an Environmenlal Management Plan and take responsibUDy lor lis 1\1=(": 1.1 19~ 1.5144 90543G1926 PAGE.<'ll b 11 ." u.~c ~~._1~~8 _~6:1~ FR ROBINS APPLEBY TAUB 416 868 0306 TO 630110007237119190 P.03/03 Implementation. How CQn reslOenls be assured that thla will take place when Clarlnglon Council has adtllilled that there 18 nol enough staff (neilRIlI" municipal nat OlOCA) to manHar IhIs activity? Thefe are also concerns about ltie Impact at conslrucllon aolivllY during arid alter building. 9. NalMldh..- to Oll1oklll DocumtlntGtlon. The development. as planned, dae8 not odhere 10 the Pmvlnclal PatlGy SlatemBnt. Regional OffICial Plan, Clarington OIIlciQI Plan, original agreements, documents and amendments. 10. Prematurity, Sameservfceueem prematllre, uncertain or non...xis1erri and only a _le..hed eludy would delermlneltiellP!lropriate deVe/opl1l8llt lhat1lQU1::l1ea8llmpacl the lands In qlllllllian, its surround, !he pnISO/1t and fulUlIl reslden.... ltie munlclpallly and region. We will use wriUen matlllia!s, lellenl, reports, 81ud188, documents, pholDgraphs, Yldeotapes and audiotapclS to pAltent OW' case. Ourwlnesses and !heir slafemen1B ore l\sIed below; 1. Walter H. GIbSOn, Olbsan Auaclat8ll: Waler table decline and reduction of inlilltllllan would be caused by Coulllce Helellts Davetopment lIlld would hove a neggtive Impact on kx:ol weRs. Lonlllerm groundwater monitoring prior la, during and aIler development is recommend. 2. Chris Canti, Conti ElIvIIonmenlal Servl_lno,: Due to patenlial negatiVe cumukl!Mllmpac18 on the natural featul8ll and eoalogioollunctions CJIlhe area thai deve10llmerri would CfllCIle, lVlJIensbed plannlnllls 8Sllential. 3. Michael WhIte, Urban Fa'" AAOCIales: The proposed level 01 development woulclasverely degrade the hsadwalenl funcllon oIlhe Courfice Rood Woods and wetlands on the cola: water creek system emplylng Into ltie Second Mcnh ond Lake Ontario.. My wllnesGes IInd I would Rice to recalve a copy at the witmesa ti8t8 and theIr statements from ltie ather parties 08 800n 118 pos8lble 80 that we con fully prepare our cose beIofe JanuQry 11. I hope ltiat Ihls IIsl $alisfles your request. "not. please be In touch with me: I would be p1easelS to provide additional Intonnolion. Sincerely ~~ Libby 'R~nsIry 00: Petel' Vem Loan. Dennls Helleron DEe 11 1~ 15'45 . 9054361.92Si . . FAGE.02 ** TOTAL PAGE.03 ** b 2