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HomeMy WebLinkAboutPD-69-96DWSUB -OPWA THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: Council File # Date: Monday, May 13, 1996 Res. # Addendum to Report #: PD -69 -96 File #: PLN 32.9.1 By -law # Subject: SUBMISSIONS ON THE COUNCIL- ADOPTED MUNICIPALITY OF CLARINGTON OFFICIAL PLAN FILE: PLN 32.9.1 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Addendum to Report PD -69 -96 be received; 2. THAT Report PD -69 -96 be lifted from the table; 3. THAT the modification proposed to the Council- Adopted Clarington Official Plan regarding the Port Newcastle neighbourhood, as contained in Attachment #1 to the Addendum to Report PD- 69 -96, be approved; 4. THAT the modifications to the Council- Adopted Clarington Official Plan contained in Report PD -69 -96 be approved; 5. THAT all interested parties and delegations regarding each submission dealt with in Report PD -69 -96 be advised of Council's decision with respect to that submission; and 6. THAT a copy of Report PD -69 -96 and this Addendum Report be forwarded to the Durham Regional Planning Department. 1. Report PD -69 -96 was tabled at the General Purpose and Administration Committee on May 6, 1996 to allow for further discussions between Kaitlin Group and staff with respect to the issue of residential development and the waterfront trail adjacent to the shoreline. 2. Mr. Bill Daniell met with staff to review the details of the proposed changes. In 3. PAGE 2 summary, it was agreed that the proposed coastal villas (see Page 599012 of the GPA report) would be relocated to the land east of Street A and the proposed clubhouse. In addition, it was agreed that parkland would be provided south of the coastal villas for the waterfront trail. Opportunities for public access to the waterfront area would also be provided between the housing units on parkland provided at the terminus of north -south streets. The proposed modification to the Clarington Official Plan is contained in Attachment #1. The current Council- approved version is shown in Attachment #2. The changes include the following: • realignment of the north -south collector road and the east -west coastal road to more closely reflect the Kaitlin draft plan of subdivision; • extension of the Local Central Area and a small Residential Area south of the coastal road; • relocation of the Tourism Node symbol so that it staddles the Environmental Protection Area and Local Central Area. The latter modification was made in response to comments from the Ganaraska Region Conservation Authority. The Tourism Node symbol was located at the marina. However, since the Tourism Node permits a variety of additional uses including a hotel, restaurants, specialty commercial uses and similar uses, the intent would be clarified if the symbol clearly incorporated the Local Central Area. 4. In addition, it is noted that a number of residents from Bond Head have contacted staff indicating concerns with lack of notice about Report PD- 69 -96. For this report, staff contacted only the parties which made the specific submission to the Region on the Official Plan. There is no public notice requirements. However, the residents of Bond Head and the Bond Head Community Association have the opportunity to make a submission to the Region on the Clarington Official Plan prior to the Region's decision. Respectfully submitted, Franklin Wu, M.C.I.P., R.P.P. Director of Planning and Development FW *df 9 May 1996 Reviewed by, W.H. Stockwell Chief Administrative Officer Attachment 1: Proposed Modification to Map A4, Port Newcastle Attachment 2: Council- Adopted Map A4, Port Newcastle PAGE 3 UNFINISHED BUSINESS THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DN: OP- SUBMWA REPORT Meeting: General Purpose and Administration Committee File #`-� Date: Monday, May 6, 1996 Report #: PD -69 -96 File #: PLN 32.9.1 Res. # By -law #. Subject: SUBMISSIONS ON THE COUNCIL - ADOPTED MUNICIPALITY OF CLARINGTON OFFICIAL PLAN FILE: PLN 32.9.1 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -69 -96 be received; 2. THAT the modifications to the Council- Adopted Clarington Official Plan as contained in this report be APPROVED; 3. THAT the Region of Durham be requested to modify the Clarington Official Plan to reflect said modifications; 4. THAT all interested parties and delegations regarding each submission dealt with in this report be advised of Council's decision with respect to that submission; and 5. THAT a copy of this report and Council's decision be forwarded to the Durham Region Planning Department. 1. INTRODUCTION 1.1 The Regional Planning Department has received a number of public submissions regarding the Council Adopted Clarington Official Plan during their review of the Plan. Prior to their consideration of these submissions, the Region has requested comments from the local municipality. As of the writing of this report, a total of 21 submissions have been received. These submissions are summarized in Attachment No. 1. 1.2 Committee and Council, through their consideration of Staff Report PD -36 -96 (March 4, 1996 GPA meeting) authorized the Director of Planning and 59900 REPORT NO. PD -69-96 PAGE 2 Development to respond directly to the Region on those public submissions made with respect to the Official Plan which address issues previously considered by Council. As indicated by Attachment No. 1, Staff have responded to most of the issues raised through the submissions. Ten issues not previously considered by Council have been raised by the following parties: • Libby Racansky • Councillor Larry Hannah on behalf of Paul Papanikolopoulos • The Kaitlin Group o Tony Biglieri for Nick Katsiapis • Niva Rowan for the S.T.O. R. M. Coalition • Bob Hann for Halloway Holdings. This report seeks the direction of Committee and Council on these latter issues. 2. NEW ISSUES FROM SUBMISSIONS 2.1 Identification of Lake Iroquois Shoreline as important landscape or vista Submission 13 Libby Racansky Mrs. Racansky has requested that Section 8.3.6 of the Official Plan be modified to add a reference to the Lake Iroquois Shoreline in the vicinity of Hancock Road. Comment Section 8.3.6 identifies important landscapes, vistas and ridgelines, specifically the heritage downtowns of Bowmanville, Newcastle, and Orono; the Lake Ontario waterfront, particularly the lands east of Bond Head; and the Oak Ridges Moraine, particularly the lands within the Ganaraska watershed. The Official Plan already recognizes the Lake Iroquois Shoreline as a significant component of the Municipality's natural environment, including its extensive forested areas. In places, the Shoreline also forms an important feature in the Municipality's landscape. It would therefore be appropriate to modify Section 8.3.6 of the Plan to specifically identify the Shoreline. ...3 REPORT NO. PD -6996 PAGE 3 Recommended Modification That Section 8.3.6 be modified by adding the following new subsection: "d) the Lake Iroquois Shoreline." 2.2 Development freeze for lands adjacent to future Adelaide Avenue extension Submission 13 Libby Racansky Mrs. Racansky has requested that a new policy be added to Section 19.5 (Arterial Roads) which would freeze development adjacent to the future Adelaide Avenue extension pending the completion of the Environmental Assessment for the road. Comment Council currently has a policy, as approved on November 27, 1989, that no decisions are to be made on subdivision and rezoning applications in Courtice Neighbourhoods 3A, 3B & 3C north of Nash Road pending the results of the Needs Study for the Adelaide Avenue extension and any subsequent Route Alignment Study. The incorporation of such a policy into the Official Plan would not allow Council the flexibility to approve small development applications in North Courtice that would not affect or be affected by the Adelaide Avenue alignment. Recommended Modification None 2.3 Location of storm water management facilities Submission 13 Libby Racansky Mrs. Racansky has requested that Section 20.2.5 of the Official Plan be modified to indicate that storm water management facilities may be located "outside of streams" rather than "in any land use designation ". ....4 599008 REPORT NO. PD -69-96 PAGE 4 Comment Section 20.2.5 also states that the exact location of storm water management facilities is determined by the Municipality in consultation with the Ministry of Natural Resources and the Conservation Authority. It is not considered necessary to modify the Official Plan as requested. Recommended Modification None 2.4 Municipally- initiated Official Plan amendments will not override the major recommendations of environmental impact and /or watershed /subwatershed studies Submission 13 Libby Racansky Mrs. Racansky has requested that Section 23.2.5 be modified by adding a new requirement that municipally- initiated amendments to the Official Plan will not override the major recommendations of environmental impact and /or watershed /subwatershed studies. Comment Section 23.2.5 states that Council may initiate amendments to the Official Plan in response to significant changes to the planning and development environment. It is clearly the intent of the Official Plan to establish a strong environmental foundation for land use decisions, which includes the use of watershed studies and environmental impact studies. This modification is not necessary and indeed, may be unduly restrictive given the variety of factors to be considered in the review of municipally- initiated amendments. As such, it would be inappropriate to modify Section 23.2.5 as suggested. Recommended Modification None 599009 ....5 REPORT NO. PD -69-96 PAGE 5 2.5 Take -out restaurant and convenience commercial uses at southeast corner of Highway 2 and Rundle Road Submission 14 Councillor Larry Hannah for Paul Papanikolopoulos This submission requests that the Clarington Official Plan recognize the existing "Special Commercial" zoning for the 2.2 ha parcel in the Maple Grove area. Comment Council, through their consideration of Staff Report PD -14 -96 on January 29, 1996, requested the Region to make a number of amendments to the Regional Plan to facilitate the approval of the Clarington Official Plan. One of the requested amendments seeks to delete a special exception from the Regional Plan which would permit a take -out restaurant and convenience commercial uses at the southeast corner of Rundle Road and Highway 2. This special exception was approved in 1977. Commercial zoning for the property has been in place since 1979. The site remains vacant. The subject site is designated 'Major Open Space' in the Regional Official Plan and 'Green Space' in the Clarington Official Plan. The introduction of a commercial use in the urban separator between Bowmanville and Courtice is inconsistent with the policies of both Official Plans. As such, Staff do not support the requested modification. It should be noted that Section 24.9 of the Official Plan states that, in the event of conflict between the Zoning By -law and the Plan, the Zoning By -law shall prevail. Therefore until such time as the Comprehensive Zoning By -law is amended, the owner of the property has the opportunity to develop the site for commercial purposes as permitted by the zoning by -law. Recommended Modification None 5990 11 MV REPORT NO. PD -69 -96 PAGE 6 2.6 Permit residential development on the south side of the coastal road in the Port of Newcastle Neighbourhood Submission 16 Bill Daniell for the Kaitlin Group The submission states that the Kaitlin Group was not aware that the Clarington Official Plan would preclude residential development on the south side of the coastal road, and thus have not previously indicated a concern with respect to this issue. It is their position that clusters of three storey condominium apartments would ensure a level of activity in the waterfront area, as well as providing a sense of enclosure and visual interest to the street. Comment The Kaitlin Group has proposed to develop four blocks on the south side of the coastal road (see attached sketch). Each block would contain two separate three storey buildings, with 18 units per block and 72 units in total. Section 4.6.1 of the Official Plan recognizes the Lake Ontario Waterfront as a unique and dynamic feature and a vital public resource. The Municipality is to maintain the distinctive character of the Waterfront and enhance opportunities for public access, which includes visual access. As such, permitting residential development to intrude into the Waterfront Greenway is contrary to the principles of the Official Plan and is not consistent with the recommendations of the Waterfront Generation Trust. As well, the suggested modification, if approved, would set a precedent for other future waterfront developments in the Municipality. There are very few areas in all of Clarington where the public can view the shoreline. In addition, there will be problems and future complaints from residents who reside adjacent to public lands, where noise, trail and public activities along the waterfront may be considered an infringement on their privacy and lifestyle. As such, Staff do not support the requested modification. 59911 ....7 REPORT NO. PD -69 -96 PAGE 7 Recommended Modification None PROPOSED LOCATION OF / COASTAL VILLAS �1 (18T-91004) .` COASTAL VILLAS LAKE ONTARIO PROPOSED CLUBHOUSE o ® COASTAL VILLAS mull 599012 REPORT NO. PD -69-96 PAGE 8 2.7 Commercial retail clearance uses at northeast corner of Taunton Road and Highway 35/115 Submission 17 Tony Biglieri for Nick Katsiapis The submission requests the Clarington Official Plan to recognize an existing special exception in the Regional Plan which would permit the development of a retail clearance centre for the sale of factory close -outs such as clothing, hardware, auto accessories, household goods and furnishings on a 1.7 ha parcel at 6113 Highway 35/115. Comment The submission was made in response to Council's request to the Region to delete the subject special exception from the Regional Official Plan, through their consideration of Staff Report PD- 14 -96. This special exception was approved in 1986. The site is designated 'Permanent Agricultural Reserve' in the Regional Plan and 'Prime Agricultural Area' in the Clarington Official Plan. It is zoned 'Agricultural (A -1)'. The site is currently vacant. The special exception in the Regional Plan is inappropriate and therefore should not be recognized in the Clarington Official Plan. Recommended Modification None 2.8 Oak Ridges Moraine Boundary Submission 19 Niva Rowan for S.T.O.R.M. Coalition The submission requests that the boundary of the Oak Ridges Moraine in the Clarington Official Plan be the same as the boundary in the Durham Regional Official Plan. 5ggn 1 .` m l • • : , • • b�e • • • Comment The boundary of the Oak Ridges Moraine in the Regional Plan has been deferred due to a dispute between the Ministry of Natural Resources and the Ministry of Agriculture, Food and Rural Affairs (Deferral Area # 2). Regional Staff have recently made a proposal to resolve the dispute. However, until this issue has been resolved at the Regional level, no change should be made to the boundary of the Moraine indicated in the Clarington Official Plan. Recommended Modification None 2.10 Private Internal Lanes in Courtice Sub - Central Area Secondary Plan Submission 21 Bob Hann for Halloway Holdings Mr. Hann has expressed concern with the policies regarding the provision and location of private internal laneways in the Courtice Sub - Central Area, as set out in Section 9.1 of the Secondary Plan. Comment Staff have met with Mr. Hann to address his concern with Section 9.1, and have agreed to modify the wording of this section. The modified policy establishes that the laneways are to be used for passenger vehicles and not for trucks. It also indicates that the location of the laneways shown in the Secondary Plan are conceptual and specific details will be established at the site plan review stage. Recommended Modification THAT Section 9.1 of the Courtice Sub - Central Area Secondary Plan be amended as noted in bold italics to read as follows: ....10 599014 REPORT NO. PD -69 -96 PAGE 10 119.1 An integrated system of private internal lanes having a minimum width of 7 metres shall be provided to permit movement of passenger vehicles between adjoining commercial properties. The internal laneways shown on Map A are conceptual and the exact locations are to be determined through site plans approval. The integrated laneway system shall be implemented by means of registered easement in favour of the abutting property owners. It is not the intention of this Plan that such laneways be assumed by the Municipality." 3. CONCLUSION 3.1 The Region is continuing to process the Council- Adopted Official Plan. A number of agency comments on the Plan have been received. Staff are meeting with Regional Planning Staff on a regular basis to facilitate the processing of the Plan, and will forward further reports to Committee and Council as required. Respectfully submitted, Franklin Wu, M.C.I.P., R.P.P., Director of Planning and Development JAS *DC *FW *cc Reviewed by, W. H: Stockwell Chief Administrative Officer Attachment # 1 Issues Raised In Submissions On Council- Adopted Official Plan April 24, 1996 ....11 599015 Interested parties to be notified of Council and Committee's decision: Submission 13 Toronto, Ontario Barrister and Solicitor M4L 3T8 Mrs. Libby Racansky Mr. Bob Hann 3200 Hancock Road Mr. Sam Cureatz Courtice, Ontario Barrister and Solicitor L1 E 2M1 104 James Street West Oshawa, Ontario Newcastle, Ontario L1 H 7V4 1-113 106 Submission 14 Mr. Paul Papanikolopoulos Submission 19 2085 Highway 2 Niva Rowan Box 141 4627 Ganaraska Road R.R. # 6 R.R. # 1 Bowmanville, Ontario Newtonville, Ontario Li C 3K7 LOA 1 JO Mr. Allan Furlong Submission 21 Barrister and Solicitor Salmers Strike and Furlong Mr. Bob Hann McLaughlin Square Valiant Property Management 55 William Street East 177 Nonquon Road P.O. Box 2096 20th Floor Oshawa, Ontario Oshawa, Ontario L1 H 7V4 L1 G 3S2 Submission 16 Mr. William Daniell The Kaitlin Group 1029 McNicoll Avenue Scarborough, Ontario M1 W 3W6 Submission 17 Mr. Nick Katsiapis 1006849 Ontario Limited P.O. Box 460 Orono, Ontario LOB 1 MO Mr. Anthony Biglieri Plantactics Group Ltd. 28 Bellefair Avenue 599016 m 0 CL c V c� rn E _ c o a, Q o o c O 0 N O E le U +r O E Q aci Cl) =� w c 0 -0 a) O Q O O t� N a) N O = U tm = W a) O p g cu > O N 0 s a) CO p + 0 O N O N «: C c c- NOO.. Q Q q O O O E CO CL af.o _ U = o D =o (� a O N 4 °1 N a) cd _ CL E > al 4 N N cC o o rn LO rn E ;g = a, ca o o �, U X Ln = a� o ° o 0 N = O O. C3 O " = > c T �, a,; o •� •� �. 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Lu E E k @ C \5 f 0 \ E C / 0J k § � 2 W c � % E c E t 7 f a @ % me � 0 2 R R cc CL c § » 2 k / E ' L o % £ 7 0 W ' Co f 2 @ 0 § 4) 0/ 0 k 0 ° E m k � 0 0 a q § « / k k / I � m ■ 12 § k C/) § E _ t k k as c tƒ -0 O 2 2 o c: % $ ' m I v k 0- E // / m k 2 w o a 0 § _ @ E ƒ$ k 2 s 2 a 0 2 $ 0 7 ƒ f 2 §= a mo _/ r0 @£ ° +2 c ƒ@ @o 3 2 o: q� 2 23 22 N(D N 0) kƒ Qe f f C = n 0 2 : 7 o' k k [ m k �/ Ir k� k tr a 0 co I ' 0 I 2 2/ 0 CL k 40 0 o / 2 n O l & k R k $ / § 0 k — ° 40- § m �$ V 5 02 P_ »E qk c0 §C §a mg ƒ/ 7f: 0 � J c t 2 k k $$ a_ U C.) _ R a- 2Q «4 mI c 0 f ® f q C\j � § @2 599020 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Memorandum To: MAYOR D. HAMRE AND MEMBERS OF COUNCIL From: PATTI L. BARRIE, A.M.C.T., CLERK Date: MAY 10, 1996 Subject: COUNCIL MEETING OF MAY 13, 1996 Attached is a copy of Addendum to Report PD -69 -96 which is being considered by Council on May 13, 1996 under Unfinished Business. PLB /ms Attachments CC: W.H. Stockwell, Chief Administrative Officer Department Heads PORT NEWCASTLE NEIGHBOURHOOD AS ADOPTED BY COUNCIL MAP A4, LAND USE, NEWCASTLE VILLAGE URBAN AREA ' ::;;;,Y Via.,..•- :� � : - PORT NEWCASTLE NEIGHBOURHOOD AS PROPOSED TO BE MODIFIED MAP A4, LAND USE, NEWCASTLE VILLAGE URBAN AREA "V. err- •,.:..- .:,�, {r.�: "•5': >' ?f: _. .. _ cr i "V. err- •,.:..- .:,�, {r.�: "•5': >' ?f: _. .. _