HomeMy WebLinkAboutPD-159-97THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
DN: PD•159.97
REPORT
Meeting: General Purpose and Administration Committee File #
Date: Monday, December 8, 1997 Res. # }O q�
Report #: PD- 159 -97 File #: PLN 32.12; PLN 32.12.1; 32.12.213 k2AQ 32.12.4;
32.12.5; 32.12.6; 32.12.8; 32.12.11
Subject:
ONTARIO MUNICIPAL BOARD HEARING
RELATED TO THE CLARINGTON OFFICIAL PLAN
FILES: PLN 32.12; 32.12.1; 32.12.2; 32.12.3; 32.12.4; 32.12.5; 32.12.6; 32.12.8;
32.12.11
Recommendations:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD- 159 -97 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
have been made, as summarized on Attachment No. 1 to this Report. Attachment Nos.
2A to 2J provide location maps and list the key issues related to each of the
referrals /appeals.
1.2 The Ontario Municipal Board (OMB) has met three times with various parties to deal with
procedural issues and to approve settlements related to the above - referenced
referrals /appeals - June 5, 1997; September 30, 1997; and November 17, 1997. A
number of the referrals and appeals have been resolved, while others remaining
outstanding. The various referrals and appeals are discussed in more detail in Sections
2 and 3 of this Report.
0,19
REPORT PAGE 2
2.1 Referral No. 1: Cornish and Leaver
2.1.1 Through a Memorandum of Understanding, the Municipality and the referents agreed to
modify the Official Plan as follows in order to resolve the referral:
• Map A3 -Redesignate the subject property from 'Environmental Protection'
to 'Urban Residential';
• Map C1 - Delete the portion of the tableland woodlot previously destroyed
in 1994/95;
• Map E2 - Increase the population for Northglen Neighbourhood by 450
persons;
• Table 9 -2 - Increase the housing targets for Northglen Neighbourhood by
150 low density units.
2.1.2 The proposed modifications to the Clarington Official were approved by the OMB at the
September 30, 1997 hearing.
2.2 Referral No. 4: Clifford Curtis
2.2.1 The Municipality, the Roman Catholic Separate School Board and the referent entered
into a Memorandum of Understanding in order to resolve the referral. The Municipality
has agreed to initiate a Neighbourhood Design Plan for the east portion of the Worden
Neighbourhood. At the request of the three parties, the OMB has dismissed Referral No.
4 and approved the affected portions of the Official Plan.
2.3 Referral No 6• North Lake Estates Inc • Bennett Developments Inca and Sylvan Estates
Inc.
2.3.1 A Memorandum of Understanding has been negotiated among the Municipality, the
Public School Board and the referents. All parties have agreed to request the OMB to
modify the Secondary Plan by deleting a policy that required an Official Plan Amendment
to remove the school symbol, and to approve the remaining portions of the Plan affected
by the referral. The Board will issue its Order on this matter shortly.
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REPORT PAGE 91
2.4 Referral No. 7: S. Roman and J. Holt
2.4.1 This referral, which requested that Map A2 of the Official Plan be modified to indicate a
'Medium Density Residential' symbol on the subject property, was withdrawn by the
referents in May 1997. Accordingly, the 'Urban Residential' designation on the property
was approved.
2.5 Appeal No. 1: Mosport Park Limited
2.5.1 International Motorsports Speedway Group (IMSG), through a 20 year lease agreement,
has become the exclusive occupant of Mosport Park. IMSG withdrew Appeal No. 1, as
well as a related appeal to Clarington By -law 95 -88 and Referral No. 16 to the Regional
Official Plan.
3. OUTSTANDING REFERRALS
3.1 Referral No 2: Otto Provenzano
3.1.1 The referral seeks to include a 1.3 ha parcel on the north side of Highway No. 2 within
Special Study Area 1 (Courtice Main Central Area). The property is currently designated
'Urban Residential - Special Policy Area F'. Towchester Developments (Robert Hanns),
who owns the land currently within the Main Central Area, south of Highway No. 2,
indicated that they will be objecting to the Provenzano's referral.
3.1.2 The OMB has not yet set a date for the hearing, but has indicated that it will be
scheduled no sooner than June 1998. The Board plans to schedule five days for this
hearing.
3.2 Referral No. 3: Courtice Heights Developments
3.2.1 Related Applications
• Official Plan Amendment Application: COPA 97 -007
• Subdivisions: 18T -92014 & 18T -94027
• Rezoning: DEV 94 -067 & DEV 92 -033
REPORT • PD-159-97 • 1
3.2.2 The referral 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'.
3.2.3 Discussions to resolve the referral are continuing between Staff and Courtice Heights
Developments. Central to this resolution is the preparation of a Neighbourhood
Development Plan for the Hancock Neighbourhood. A Public Information Centre for the
Neighbourhood Plan will be held with area residents in January or February 1998.
3.2.4 A further pre- hearing conference for Referral No. 3 will be held in April 1998 at the
earliest.
3.3 Referral No 5• Aggregate Producers' Association of Ontario
Appeals No. 2 & 3: Municipality of Clarington
3.3.1 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
following portions of the Clarington Official Plan (Appeals 2 and 3):
• Section 15.3.4 which prohibits aggregate extraction in the Ganaraska
headwaters;
• Section 15.3.7 which sets out the study requirements for aggregate
extraction applications;
• The line on Map D (Aggregate Resource Areas) within which aggregate
extraction is prohibited pursuant to Section 15.3.4.
3.3.2 Council also adopted Amendment No. 3 to the Clarington Official Plan on October 27,
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. The amendment also clarifies the purpose of information presented on Map
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REPORT PAGE 5
3.3.3 The OMB will be requested to consolidate Appeals 2 and 3 and Amendment No. 3 to the
hearing related to Referral No. 5. This will permit all portions of the Plan relevant to
mineral aggregates to be considered at one time and avoid the cost of two or more
hearings.
3.3.4 This will be a major hearing that will require significant preparation by both Staff and the
Municipality's solicitor. The Municipality has also hired consultants to provide technical
assistance to Staff in preparing for the hearing.
3.4 Referral No. 8: Joe Domitrovic
3.4.1 Related Application
• Official Plan Amendment Application: ROPA 96 -16
3.4.2 The referent seeks to expand the uses permitted in the 'Green Space' designation in
order to permit the continued operation of an illegal automotive repair and body shop
at 3872 Courtice Road. Mr. Domitrovic also intends to appeal Regional Council's denial
of his application to amend the Regional Official Plan (ROPA 96 -016) to permit an
exception to the 'Major Open Space' designation to recognize the existing operation.
3.4.3 The existing automotive repair and body shop was established illegally approximately
nine years ago. The use does not conform with the Region's Official Plan, the
Municipality's Official Plan or the Comprehensive Zoning By -law. Both Clarington
Council and Staff recommended denial of the Official Plan amendment application.
3.4.4 On October 27, 1997, Council directed Staff to meet with Mr. Domitrovic in order to
ascertain the nature of his disagreement with certain sections contained in earlier
planning reports. Staff will be reporting back to Council in January, 1998. In any event,
the OMB has indicated that the hearing for this referral will be held after March 1, 1998.
The Board will schedule two days for the hearing.
REPORT PD-159-97 PAGE 6
4. CONCLUSION
4.1 Staff will continue to keep Committee and Council apprised of matters related to the
OMB hearing for the Clarington Official Plan.
Respectfully submitted,
Franklin Wu, M.C.I.P.
Director of Planning
and Development
JAS *DC *jip
28 November 1997
Attachments
Reviewed by,
No. 1
Referrals & Appeals to the Clarington Official Plan
No. 2A
Referral No. 1
No. 2B
Referral No. 2
No. 2C
Referral No. 3
No. 2D
Referral No. 4
No. 2E
Referral No. 5
No. 2F
Referral No. 6
No. 2G
Referral No. 7
No. 2H
Referral No. 8
No. 21
Appeal No. 1
No. 2J
Appeal Nos. 2 & 3
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LOT 17
ATTACHMENT NO. 2A
LOT 16 LOT 15 LOT 14 LOT 13
LOT 12
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REFERRAL NO. 1
GERALDINE CORNISH, EDWARD LEAVER, GEORGE LEAVER
3425 Regional Road 57, Bowmanville
Matters Referred:
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• Land Use designation on Map A3
• Tableland Woodlot on Map C1
• Population of Northglen Neighbourhood on Map E2
• Population Target for Bowmanville on Table 5 -1
• Housing Target for Northglen Neighbourhood and Bowmanville on Table
9 -2
616
ATTACHMENT NO. 2B
i nT 3n LOT 29
REFERRAL NO. 2
OTTO PROVENZANO
1678 Highway No. 2, Courtice
Matters Referred:
• Land Use designation on Map A2
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LOT 30
LOT 29
REFERRAL NO. 3
COURTICE HEIGHTS DEVELOPMENTS
Hancock Neighbourhood, Courtice
Matters Referred:
LOT 28
ATTACHMENT NO. 2C
LOT 27
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• Population of Hancock Neighbourhood on Map E1
• Housing Target for Hancock Neighbourhood and Court
ice on Table 9 -2
• Section 14.4.3, specifically minimum setback of 5 metres from natural
features designated as Environmental Protection Area
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ATTACHMENT NO. 2E
REFERRAL NO. 5
AGGREGATE PRODUCERS ASSOCIATION OF ONTARIO
Matters Referred:
• All of Section 4.2
• Sections 4.3.7 and 4.3.8
• All of Sections 4.4, 4.5 and 4.7
• Sections 12.5.2(g), 12.6.3 and 14.2.4
• All of Sections 14.4 and 14.6
• All of Sections 15.1, 15.2 and 15.3 with specific reference to Sections
15.3.2, 15.3.3, 15.3.4, 15.3.5, 15.3.7 and 15.3.9
• Sections 23.2.6 and 23.7.1
• The definition of wetlands in 24.12
The land use designations of "Environmental Protection Areas ",
Greenspace" and "Oak Ridges Moraine" as shown on Map A
• All of Map C - Natural Features and Land Characteristics
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ATTACHMENT NO. 2F
LOT 8 LOT 7 LOT 6 LOT 5
HH BASELINE ROAD °a
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REFERRAL NO. 6
NORTH LAKE ESTATES, INC., SYLVAN ESTATES INC. AND
BENNETT DEVELOPMENTS INC.
Part of Lots 5 and 6, Broken Front Concession, Bowmanville
Matters Referred:
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• Type C arterial road along Bowmanville waterfront on Map B
• Section 9.5.5(g), 19.5.3 and 23.10.4 of the Official Plan
• Designation of Local Trail and Public Elementary School on Map A of the
Secondary Plan
• Sections 5.4, 11.3 and 11.7 of the Secondary Plan
LOT 33
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HIGHWAY No. 2
REFERRAL NO. 7
S. ROMAN AND J. HOLT
2720 Prestonvale Road, Courtice
Matters Referred:
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ATTACHMENT NO. 2G
LOT 32
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96 -017
• "Urban Residential' land use designation for subject lands on Map A2
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ATTACHMENT NO. 2H
/000,0 LOT 29 LOT 28 LOT`27 LOT 26
NASH I I R
REFERRAL NO. 8
JOE DOMITROVIC
Matters Referred:
• Section 14.5.1
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LOT 3 2 1 LOT 35 34 33
°a I REGIONAL ROAD 20
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ATTACHMENT NO. 21
32 31 30
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APPEAL NO. 1
MOSPORT PARK ENTERTAINMENT CORPORATION
Lots 33, 34 and 35, Concession 9, Part of Lot 33, Concession 8, Part of Lot 35,
Concession 10, Clarke
Matters Appealed:
• Land use designations for Mosport Park lands shown on Map Al (Clarke)
• Section 16.2.1 and 16.2.2 as they relate to Mosport Park
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