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HomeMy WebLinkAbout97-254 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 97-254 being a by-law to adopt Modification No. 170 to the Official Plan for the Municipality of Clarington WHEREAS Council approved the recommendation contained in Report No. Admin-47-97 at its Special Meeting on November 3, 1997; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ENACTS AS FOLLOWS: 1. Proposed Modification No. 170 to the Official Plan for the Municipality of Clarington contained in Schedule 1 attached to and forming part of this By-law, is hereby approved. BY-LAW read a first and second time this 3rd day of November, 1997 BY-LAW read a third time and finally passed this 3rd day of November, 1997. MAYOR CLERK SCHEDULE 1 TO BY-LAW 97-254 MODIFICATION NO. 170 TO THE CLARINGTON OFFICIAL PLAN Deferrals 10,11 and 24 St. Marys Cement and Cove Residential Area PURPOSE: Section 16.5 (Special Policy Area C - St. Marys Cement Corporation) sets out policies related to the quarrying and cement manufacturing facility now owned by Blue Circle Canada Inc. Section 16.5 has been deferred at the request of Blue Circle Canada Inc. (Deferral No. 10). Section 17.3 (Special Study Area No. 2 - Westside Marsh/Cove Residential Area) includes the Westside Marsh and various residential lands in the adjacent Cove residential community. The preservation of the Marsh and the issue of compatibility between existing residential uses, quarrying activities and other potential industrial uses are to be addressed prior to the approval of land use designations for the lands in Special Study Area No. 2. Section 17.3 has been deferred by the Region at the request of Blue Circle Canada Inc. (Deferral No. 11). In addition, those portions of Map A3 (Land Use - Bowmanville Urban Area) covered by Special Policy Area C and Special Study Area No. 2, as well as a portion of Waverly Road south of the Ontario Hydro corridor are also deferred at the request of Blue Circle Canada Inc. and the Port Darlington Community Association (Deferral No. 24). At the request of the Municipality and Blue Circle Canada Inc., the Waterfront Regeneration Trust undertook a process to resolve the issues related to the preservation of Westside Marsh, compatibility with existing residential uses and the continued economic viability and development of the Blue Circle operations. In November 1995, the Trust released a report which recommended a multi-faceted solution to these issues. The key recommendations of the Report would involve Blue Circle conveying to the community, a significant portion of the Westside Marsh, as well as other nearby lands. In turn, the Municipality would convey a portion of the Waverly Road road allowance to Blue Circle for quarrying purposes. The purpose of this modification is to incorporate policies and land use designations into the Clarington Official Plan which reflect the key recommendations of the Waterfront Regeneration Trust Report and the agreement between the Municipality and Blue Circle Canada Inc. SCHEDULE 1 TO BY-LAW 97-254 - 2 - ACTUAL MODIFICATION: The Clarington Official Plan is hereby modified by: 1. By replacing all references to "St. Marys Cement Corporation" with "Blue Circle Canada Inc." 2. By deleting Section 16.5.1 and replacing it with the following: "16.5.1 This area primarily recognizes the licensed extraction area and the cement manufacturing facility of Blue Circle Canada Inc. and the Westside Marsh. The permitted uses are as follows: a) on the lands designated General Industrial, the commercial dock facility existing on October 1, 1997 and a cement manufacturing facility; b) on the lands designated Aggregate Extraction Area and subject to the provisions of Section 16.5.2., aggregate extraction activities and ancillary uses such as a professional office building, a concrete batching plant, a truck terminal, and aggregate processing including the stockpiling of raw and processed materials; C) on the lands designated Environmental Protection Area, no development except for protection, conservation and enhancement of ecological systems, passive recreation, and uses related to erosion control and storm water management; and d) on the lands designated Waterfront Greenway, the uses identified in Section 14.7." 3. Add a new Section 16.5.2 and 16.5.3 as follows and renumbering the remaining sections in Section 16.5: SCHEDULE 1 TO BY-LAW 97-254 - 3 - "16.5.2 Aggregate extraction activities and ancillary uses are subject to the following: a) an aggregate processing plant, concrete batching plant, and truck terminal shall: i) not be located within 700 metres of any residential property located south of Highway 401; and ii) not be located within 150 metres of the water's edge of Lake Ontario. b) within 700 metres of any residential property, aggregate processing is permitted provided that any crusher is located 10.7 metres below natural grade ; and C) for the purposes of Section 16.5.2, natural grade means the grades depicted by the contours shown on a drawing entitled "Existing Features" prepared by MacNaughton Hermsen Britton Clarkson Planning Limited for the Bowmanville Quarry (Job No. "8816'B' St.Mary's Bowm Durh") dated for submission in accordance with the Aggregate Resources Act on Nov. 9, 1990 provided that in no case shall natural grade include stockpiled material, excavated areas or be deemed to exceed 86 metres above sea level or be deemed to be less than 75.4 metres above sea level. 16.5.3 A portion of Special Policy Area C includes lands which will accommodate the planned diversion of Westside Creek, the retention of a significant portion of the Westside Marsh existing on October 1, 1997, and a habitat linkage area between the Westside Marsh and the Bowmanville Marsh wetlands. These lands shall be managed by an appropriate public authority in conjunction with other public lands so as to conserve and enhance wildlife habitat on-site or I SCHEDULE 1 TO BY-LAW 97-254 - 4 - nearby with the objective of achieving no net loss in biodiversity and function." 5. By deleting the existing ection 16.5.4 to be renumbered 16.5.6 g � ) and replacing it with the following: "16.5.6 Any rehabilitation plan or amendment to a rehabilitation plan for the aggregate extraction area shall address, among other matters, the following: a) the relationship of the lands to be rehabilitated to the Westside Marsh and related lands referred to in Section 16.5.3.; b) the land uses permitted within Special Policy Area C; C) the provisions of this Plan dealing with Bowmanville's urban waterfront; and d) the provision of attractive, connected and accessible public spaces appropriately located. Before submission of a rehabilitation plan or an amended rehabilitation plan to the Province for approval, the owner shall meet with the Municipality and Conservation Authority to obtain their input and comments on the matters referred to in this section. The owner shall objectively consider but not necessarily follow such comments in finalizing a rehabilitation plan or amended rehabilitation plan." 6. By adding the following new section: "16.11 SPECIAL POLICY AREA I - COVE RESIDENTIAL AREA 16.11.1 Special Policy Area I recognizes the historic residential community known as the Cove. Existing residential dwellings and limited infilling is permitted on private sewer or water services. SCHEDULE 1 TO BY-LAW 97-254 - 5 - 16.11.2 The creation of new lots shall meet the requirements of Sections 12.3.5 and 23.7 of this Plan. 7. By deleting Section 17.3 and its corresponding subsections in their entirety. 8. By modifying Map A3 as indicated by Exhibit 1 to this modification. Exhibit 1 attached hereto shall form part of this modification.