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Home My WebLink AboutPD-9-98L oN:AeP-zs~.Gan THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ,4 REPORT PUBLIC MEETING ~ ~ "J D14-~~~. G7. ~'3 Meeting: General Purpose and Administration Committee File # X14 -~cJ . g 7- g`~ Date: Monday, January 19, 1998 Res. # C~,~~ - ~ ~ ^ ~~ Report #: PD-9-98 File #: DEV 97-83; DEV 97-84 By-law # Subject: REZONING APPLICATIONS -MUNICIPALITY OF CLARINGTON PART LOTS 11, 12,13,14, BROKEN FRONT CONCESSION, FORMER TOWN OF BOWMANVILLE FILES: DEV 97-83 AND DEV 97-84 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-9-98 be received; 2. THAT the applications, DEV 97-83 and DEV 97-84 initiated by the Municipality of Clarington, to amend the Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, as amended be referred back to Staff for further processing and the preparation of a subsequent report upon receipt of all outstanding agency comments; and 3. THAT the Region of Durham Planning Department and all interested parties listed in this report and any delegation be advised of Council's decision. 1. BACKGROUND 1.1 Overview In 1993, the Waterfront Regeneration Trust at the request of the Municipality of Clarington and Blue Circle Cement Inc., agreed to help resolve the numerous issues related to Blue Circle's operation on the Lake Ontario waterfront, including their plans to quarry the Westside Marsh, a provincially significant wetland. In the spring of 1995, after intensive background work, public consultation and input from various departments and federal and provincial agencies the Trust released a report entitled Westside Marsh-Report and Recommendations in which 0V~ REPORT NO.: PD-9-98 PAGE 2 ` ~ they presented a concept for the preservation of the Westside Marsh. In July 1996, Council authorized Staff to initiate negotiations with representatives of Blue Circle to implement recommendations of the Trust's Report. 1.2 Principles of Understandina On November 3, 1997 Council approved ADMIN-47-97, the Principles of Understanding between the Blue Circle .Cement Inc. and the Municipality of Clarington on the Implementation of the Recommendations of the Waterfront Regeneration Trust Report on Westside Marsh. The Principles of Understanding is amulti-faceted legal agreement negotiated between the Municipality and Blue Circle. It contains many conditions that must be fulfilled by both parties and will result in the following; • the limit of extraction on the Westside Marsh will be shifted north, saving over 64 acres of the wetland area and achieving "no net loss" of wetland; • the municipality will close and transfer Waverly Road in two stages to Blue Circle and provide an alternative route by leasing a temporary haul route from Blue Circle. The Lease will be released at such time as a new bridge is constructed over the Westside Creek connecting the Cedar Crest Beach Road and Cove Road; • Westside Creek will be diverted so that it flows through the Ontario Hydro corridor north of the Marsh and empties into the east side of the retained Marsh; • Blue Circle will convey a portion of the Bowmanville Marsh, the reconfigured Westside Marsh, and industrially zoned land north of "The Cove" and other smaller land holdings to Central Lake Ontario bvZ REPORT NO.: PD-9-98 PAGE 3 Conservation Authority, creating 111 acres of open space and linking the Westside Marsh and Bowmanville Marsh; • Blue Circle will relocate the CBM stone crusher and concrete batching plant within two years of the execution of the agreement; and, • an Environmental Management Plan will be prepared for the new open space area. Attachment #1 illustrates the overall concept. 1.3 The Principles of Undertaking also require changes to the Durham Region Official Plan, Clarington Official Plan and Zoning By-law for the effected lands. On November 3, Council approved the modification to the Clarington Official Plan, and requested the Region to modify the Regional Official Plan, both would be approved once certain conditions were fulfilled by both Blue Circle and the Municipality. In addition, two zoning by-laws were prepared that would implement the concept and were attached as schedules to the agreement. The Municipality agreed to initiate the process under the Planning Act to rezone the lands associated with the Westside Creek diversion and the wetland complex comprising of the Westside and Bowmanville marshes and the Marsh Link Area. The purpose of this report is to fulfil the requirements under the Planning Act for amendments to the zoning by-law. 2. APPLICATION DETAILS 2.1 In accordance with the Principles of Understanding, two applications have been initiated by the Municipality of Clarington. The details of the applications are noted below; b~~3 REPORT NO.: PD-9-98 PAGE 4 { •2.1.2 Application DEV 97-83 Owners: Blue Circle Cement Inc. Ontario Hydro Rezoning: From "Agricultural (A)" Zone and "Extractive Industrial Exception (M3-1) Zone" to "Environmental Protection (EP)" Zone. Location: Ontario Hydro Transmission corridor, location of the creek diversion, westerly portion of the Bowmanville Marsh and other smaller holdings (see key map) Area: 24 hectares (59 acres) 2.2.1 Application DEV 97-84 Owner: Blue Circle Cement Inc. Rezoning: From "Extractive Industrial Exception (M3-1)" Zoneto "Environmental Protection (EP)" Zone. Location: Reconfigured Westside Marsh, Marsh Link Area and overflow channel Area: 39 hectares (96 acres) 3. EXISTING AND SURROUNDING AREAS 3.1 Existing Uses: Westside Marsh, Bowmanville Marsh, Ontario Hydro Transmission corridor, Waterfront Trail and open space areas 3.2 Surrounding uses: West - Blue Circle Cement Plant East - Bowmanville Harbour Conservation Area and Port Darlington Marina North - Railway and Highway 401 South - Cove and Cedar Crest Beach residential areas b ,., =~ REPORT NO.: PD-9-98 ` ~ 4. OFFICIAL PLAN POLICIES 4.1 Durham Reaion Official Plan PAGE 5 4.1.1 The lands subject to application DEV 97-83 includes the future creek diversion, a portion of the Bowmanville Marsh and other small holdings. They are designated as Major Open Space and Waterfront Link area in the Regional Official Plan. The designation reflects the current and future situation. 4.1.2 The lands subject to application DEV 97-84 include a portion of the Westside Marsh and Marsh Link Area. They are designated as Special Policy Area B within the Durham Region Official Plan. At the request of the Port Darlington Community Association the land use designation and associated policies were deferred for further discussion. In ADMIN-47-97, Council requested the Region of Durham to amend the Plan to reflect the agreement. Council requested that the Region not to adopt the proposed modification until such time as the temporary public highway is closed and the Lease is released to Blue Circle. 4.2 Clarington Official Plan 4.2.1 The lands subject to application DEV 97-83 include the creek diversion, a portion of Bowmanville Marsh and associated valleylands. These lands are designated as Waterfront Greenway and Environmental Protection in the Clarington Official Plan. The designation reflects the current and future situation. 4.2.2 The lands subject to application DEV 97-84 include a portion Westside Marsh and the Marsh Link Area. They are designated as Special Study Area 2 and are also deferred in the Clarington Official Plan. In ADMIN-47-97, Council approved to a Modification #170 to the Plan which redesignates the reconfigured Westside Marsh and other lands as Environmental Protection Area. It also proposes a variety of changes designed to implement the Principles of Understanding and to ensure that existing irritants of noise and dust will not be further aggravated as quarrying activities proceed easterly. The modification would be adopted at such ~',~ J REPORT NO.: PD-9-98 PAGE 6 ' `~ ' time as the temporary public highway is closed the Lease is released to Blue Circle. 5. ZONING BY-LAW PROVISIONS 5.1 The lands associated with the creek diversion, Bowmanville Marsh and other smaller holdings are currently zoned "Agricultural (A)" Zone and "Extractive Industrial (M3-1) Zone. The "Environmental Protection (EP)" zoning reflects the new diversion and green space system. 5.2 The lands associated with the Westside Marsh and the Marsh Link Area are currently zoned "Extractive Industrial Exception (M3-1 )" Zone and represent the license for extraction held by Blue Circle. An amendment to the zoning by-law is required to reflect the agreement, to protect the reconfigured marsh and marsh link area as part of the expanded green space system. 6. PUBLIC MEETING AND SUBMISSIONS 6.1 Since 1994, this subject has undergone an extensive public consultation process as part of the Trust's work and under the Municipal Act for the closure of Waverly Road. However, when changes to the zoning by are contemplated, notice under the Planning Act is required. Accordingly, public notice was mailed to each landowner and tenant within the prescribed 120 metre (400 ft.) distance and a notice was placed in the Canadian Statesman. As of the writing of this report, there has been one general enquiry. 7. AGENCY COMMENTS 7.1 The Westside Marsh process also involved extensive consultation with various departments and agencies. However, circulation of the rezoning applications to departments and agencies for comment is still required. The majority of the circulated agencies have not provided comment to date. ~UiJ REPORT NO.: PD-9-98 PAGE 7 ' •7.2 Clarington Hydro has offered no objection, however would review the reconstruction drawings for Cove Road to examine how Hydro service will be affected. 8. STAFF COMMENTS AND CONCLUSION 8.1 The applications for rezoning have been initiated by the Municipality of Clarington as agreed upon in the Principles of Understanding between the Municipality and Blue Circle. The by-laws were prepared, and form part Schedule "N" and "O", respectfully. Council's approval of both zoning by-laws is subject to due process under the Planning Act. 8.2 The purpose of this report is to facilitate the Public Meeting as required by the Planning Act and to provide Committee and Council with some background on the applications. It is recommended the application be referred back to Staff for further processing and a subsequent report upon receipt of all outstanding comments. Respectfully submitted, Reviewed by, Franklin Wu, M.C.I.P., R.P.P. Director of Planning and Development CS*DC*df 12 January 1998 Attachment #1 -Concept Westside Marsh Attachment #2 -Draft By-law #1 Attachment #3 -Draft By-law #2 62~~`'~ W.H. Stockwell Chief Administrative Officer ~u~ REPORT NO.: PD-9-98 :, Interested parties to be notified of Council and Committee's decision: Mr. Wilson Little Blue Circle Cement Inc. 400 Waverly Road Bowmanville, Ontario L1 C 3K3 Glenda Gies Port Darlington Community Association 311 Chapel Road RR2, Group 2 Box 36 Bowmanville, Ontario LiC 3K3 Mr. Russ Powell Central Lake Ontario Conservation 100 Whiting Avenue Oshawa, Ontario. Li H 3T3 C.H. (Chris) Vanderreest Agent/Appraiser/Administrator GRID System Real Estate GRID District Operations 7676 Woodbine Avenue, Suite 300 Markham Ontario L3R 2N2 PAGE 8 bUC~ ATTACHMENT Nn , f n 13 LOT 12 c • ~ I~ / I L0~1 11 LOT l4 CREEK e ~~ e MARSH LINK AREA L/ MARS ~ ~ •~ •~ Imo, - ..'''. Lake Ontario WESTSIDE MARSH AND BLUE CIRCLE QUARRY 97-041 ~ ~ ~ IXISIING WATERFRONT iRA1L •~~~~~~• RELOCATID WATERFRONT TRAIL ~ I PROPOSED 2:1 QUARRY ~ : ~ ~ SIDE SLOPE k BENCH PROPOSED DNERSION CHANNEIT. SIDE SLOPE _..... IXI5TING LIMB OF ~... WESISIDE MARSH ~ ~ ~ ~ ~ EXISTING LIMB OF EXTRACTION ® REVISW LIMB OF EMRACTION ® ~~ CHANN0. LAND$ J ~; • . This is Schedule "A" to By-law 98- , passed this day of 1998 A.D. LOT 14 LOT 13 LOT 12 LOT 11 LOT 10 J~U~~IJI I it'~~~~ ;, ", BASEL(E ROAD WEST ~ J ~ o~ - } w Z III m ~L i~ -- ~{~ 401 ~ ~ ;j„ _ Q HIGHWAY ~ I. ~ /tea _ ~~ ~ ~~ ROA ~r W I R ~ ~ I',, Z o ~ V~~ ~ ~ V ~, ~_ li 1 ~ ~~ ~, _ ~` z w ~ '~~ o ~~;.~ ~~ r _ I ~`~- ~A F ~ ~ ,~ it 3 ',~~ ,~ ~ `~_ ;~`, ~f m WATS \,v' , r .., .. , V ZONING CHANGE FROM "A" TO °EP" ® ZONING CHANGE FROM "M3-1" TO "EP" Mayor Clerk BOWMANVILLE V i .. I This is Schedule "A" to By-law 98- passed this day of 1998 A.D. R + ~ z 0 w U Z O U Z O a! Z w Y O 0] ZONING CHANGE FROM "M3-1" TO "EP" Mayor N clerk BOWMANVILLE J U. LOT 14 LOT 13 LOT 12 LOT 11 LOT 10 .., ,