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
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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
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PORT NEWCASTLE NEIGHBOURHOOD
AS PROPOSED TO BE MODIFIED
MAP A4, LAND USE, NEWCASTLE VILLAGE URBAN AREA
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