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HomeMy WebLinkAboutPD-88-96THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DN: CLAROP.GPA REPORT Meeting: General Purpose and Administration Committee File #i -`? Date: Monday, June 17, 1996 Res. #'P '<` =} Report #: PD -88 -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 Report PD -88 -96 be received; 2. THAT the modification to the Council- Adopted Clarington Official Plan as contained in this report be APPROVED FORTHWITH; 3. THAT the Region of Durham be requested to modify the Clarington Official Plan to reflect said modification; 4. THAT all interested parties and delegations regarding each submissions 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 Staff Report PD- 69 -96, considered by Committee on May 6, 1996, dealt with a number of submissions received by the Regional Planning Department regarding the Council- Adopted Clarington Official Plan. The Region has since forwarded nine new submissions to the Municipality for comment. These submissions are summarized on Attachment No. 1. As of the writing of this report, a total of 30 submissions on the Council- Adopted Official Plan have been received. 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 501 REPORT NO. PD -88 -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 a number of the issues raised through the submissions. Seven issues not previously considered by Council have been raised by the following parties: • William Manson for Courtice Heights Developments • Alan Berk for W.E. Roth Construction Limited • Joseph Victor for Mrs. Geraldine Cornish and Messrs. G. & E. Weaver • Linda & Andrew Bradford • Joe Domitrovic • Michael McQuaid for St. Marys Cement Corporation. This report seeks the direction of Committee and Council on these new issues. 1.3 Report PD- 89 -96, also on the June 17, 1996 Committee agenda, addresses the issue of residential development on the south side of the coastal road at the Port of Newcastle. This matter, raised by Mr. Bill Daniell for the Kaitlin Group (Submission 16) and originally addressed in Report PD -69 -96 (May 6, 1996 GPA meeting), was tabled by Committee and Council. Report PD -89 -96 also deals with Submission 30 from Lynda MacGregor on behalf of the Bond Head Community Association. 2. NEW ISSUES FROM SUBMISSIONS 2.1 Extend limits of Courtice Main Central Area north to Nash Road and east to Courtice Road Submission 22 W. Manson for Courtice Heights Developments Mr. Manson has requested that the boundary of the Courtice Main Central Area be modified to reflect the boundary of the Courtice Community Central Area in the Town of Newcastle Official Plan to restore the development priority accorded to the Hancock Neighbourhood. 502 REPORT NO. PD-88-96 PAGE 3 Comment The boundary for the Courtice Main Central Area as shown in the Council - Adopted Official Plan is the same as that proposed in both the Draft Official Plan in May 1994 and the Recommended Official Plan in November 1995. Council, through their consideration of Public Consultation Report No. 7, denied requests by two other parties to extend the boundaries of the Courtice Main Central Area. Therefore, it would not be consistent with Council's previously stated position to modify the Main Central Area boundary as requested by Mr. Manson. Recommended Modification None 2.2 Defer lands proposed for gas bar and kiosk at northeast corner of Courtice Road and Bloor Street, and related policies Submission 24 Alan Berk for W.E. Roth Construction Limited Roth Construction has submitted an application to amend the Regional Plan to permit a gas station at the northeast corner of Courtice Road and Bloor Street (ROPA 94 -007). The submission requests the Region to defer the land use designation in the Clarington Official Plan for that part of the property subject of ROPA 94 -007 and all matters relating to the policy provisions for gas stations, until such time as the application to amend the Regional Plan has been dealt with. Comment Roth Construction has also submitted Rezoning Application DEV 94 -054 to permit the proposed gas station on the subject property. Report PD -55 -96 (April 22, 1996 GPA), which dealt with the disposition of outstanding development applications in the context of the Council- Approved Clarington Official Plan, recommended that both the Rezoning and Official Plan Amendment applications be referred back to Staff. Committee and Council endorsed this recommendation. 503 A 1 , PD-88-96 Under the Council- Adopted Official Plan, service stations are not assigned a specific land use designation, but rather are governed by the provisions of Section 10.10 (Service Stations). Section 10.10.2 permits service stations to establish only within urban areas. Staff have no objection to deferring Section 10.10 only as it relates to the Roth property, pending a decision by Regional Council on ROPA 94 -007. Proposed Modification Defer Section 10.10 only as it relates to Official Plan Amendment Application ROPA 94 -007. 2.3 Designation and population allocation for former Cornish woodlot in Part Lot 14, Concession 3, former Twp. of Darlington Submission 25 Joseph Victor for Mrs. G. Cornish and Messrs. G. & E. Weaver Mr. Victor has requested that the 20 ha parcel occupied by the former Cornish woodlot be redesignated from 'Environmental Protection Area' to 'Medium Density Residential', and that Map E2 be modified to increase the population of the Northglen Neighbourhood from 3400 to 4400. Comment Council previously addressed the designation of the Cornish property through their consideration of Public Consultation Report 7 in September 1995. Council endorsed Staff's recommendation that the Green Space designation for the Cornish property be maintained. The property was subsequently designated Environmental Protection Area in the Council- Adopted Official Plan in response to Council's direction, also provided through Public Consultation Report No. 7, that the most significant woodlots be designated Environmental Protection Area. In light of Council's previously stated position, Staff do not recommend that the 504 REPORT NO. PD-88-96 PAGE 5 land use designation for the Cornish property be changed. In addition, the Cornish land is not required for additional housing /population allocation for the Bowmanville Urban Area within the next 20 years. Recommended Modification None 2.4 Include property at 2584 Holt Road in 'Rural Cluster' Submission 26 Linda & Andrew Bradford Mr. and Mrs. Bradford have requested that their 1.37 ha property at 2584 Holt Road (west side, between Highway 2 and Nash Road) be included in the 'Rural Residential Cluster' designated in the Official Plan. Comment Staff note that the Rural Residential Cluster identified in the Official Plan west of Bowmanville north of Highway 2, as referred to by the Bradfords, is actually located on Rundle Road. During the Official Plan review process, this area did not meet the requirements to be identified as a Rural Cluster, notwithstanding the current rural cluster zoning of the one lot at 2482 Holt Road. Recommended Modification None 2.5 Permit continuation of autobody /mechanical repair shop at 3872 Courtice Road Submission 28 Joe Domitrovic The submission requests that the Official Plan be modified to permit the continued use of 3872 Courtice Road (southwest corner of Courtice Road and Pebblestone Road) for an autobody /mechanical repair shop. 505 REPORT NO. PD -88 -96 PAGE 6 Comment Mr. Domitrovic indicated in his submission that he has operated the subject autobody /mechanical repair shop for the past 8 years. The use was therefore established illegally under the provisions of the 1976 Regional Official Plan and Comprehensive Zoning By -law 84 -63, and is not permitted under the provisions of the 1991 Regional Plan. As such, it would not be appropriate to recognize a site - specific modification that has not been subject to either agency review or public input. Should Mr. Domitrovic wish to have the autobody /mechanical repair shop recognized as a permitted use in the Regional and Clarington Official Plans, as well as in the Zoning By -law, he should submit the appropriate applications required by the Planning Act. This would allow the planning process to take place to determine the appropriateness of the use. Recommended Modification None 2.6 Application of environmental policies to St. Marys' property Submission 29 Michael McQuaid for St. Marys Cement Corporation The submission seeks to modify: • Sections 4.3, 4.3.3, 4.7, and 14.4 to indicate that they do not apply to St. Marys existing aggregate extraction license • Section 4.3.8 to indicate that an Environmental Impact Study is not required for lands with existing aggregate extraction licenses • Section 4.6.5 to indicate that the prohibition on the creation or reclamation of additional waterfront land through lakefilling does not apply to lands owned by St. Marys and the expanded dock facility. s Section 15.3.2 to state that St. Marys' lands are not subject to Municipal standards for noise, vibration and dust • Map C1 to delete the Tableland Woodlots, Wetlands, Regulatory Shoreline Area, Hazard Lands and Waste Disposal Assessment Area identified on St. Marys' lands. 506 REPORT NO. PD -88 -96 PAGE 7 Comment Staff have no objection to modifying Map C1 to delete the two small, insignificant Tableland Woodlots on the licenced portion of the lands. The larger woodlot on the unlicenced lands should be retained. The Region has already proposed to delete the Waste Disposal Assessment Area (proposed Modification 151). The Waste Disposal Assessment Area relates to a stockpile of kiln dust. The Ministry of Environment and Energy has indicated that, inasmuch as St. Marys sells the kiln dust as an agricultural soil conditioner, the stockpile is no longer considered to be a waste disposal site. Staff disagree with the other modifications proposed by Submission 29. Proposed Modification Modify Map C1, as indicated by Attachment No. 2, to delete the Tableland Woodlots identified on that portion of St. Marys' lands licensed for extraction under the Aggregate Resources Act. 2.7 Recognize all of St. Marys' licensed and unlicensed area, plus Waverly Road, as Aggregate Extraction Area; designate the existing and expanded dock as 'Marine Transportation and Dock Area'. Submission 29 Michael McQuaid for St. Marys Cement Corporation The submission seeks to: • delete Special Study Area 2 and the related policies in Section 17.3 (Westside Marsh /Cove Residential Area) • expand Special Policy Area C (St. Marys Cement Corporation) to include all of St. Marys' licensed lands, Waverly Road, cement plant and expanded dock, and unlicensed industrially -zoned lands • designate, within the expanded Special Policy Area C, all of St. Marys' 507 REPORT NO. PD-88-96 PAGE 8 licensed area, Waverly Road and unlicensed industrially -zoned lands as Aggregate Extraction Area, and the expanded dock facility as Marine Transportation and Dock Area. Comment The designations and policies in the Durham Regional Official Plan related to St. Marys lands, the Westside Marsh and the dock facility were deferred as a result of the Port Darlington Community Association concern with aggregate extraction in the Marsh and the operation of the dock facility (Deferral No. 1). As a result of this outstanding deferral, the Region, in their Post - Circulation letter on the Council- Adopted Clarington Official Plan, have proposed to defer the policies and designations relating to Special Policy Area C and Special Policy Area 2 (proposed Deferrals 10 and 11). Staff do not support any changes to the land use designations and policies until such time as the report of the Waterfront Regeneration trust is resolved. Proposed Modification None 3. CONCLUSION 3.1 In order to expedite the Region's processing of the Official Plan, staff are recommending that the report be approved "forthwith ". 508 REPORT NO. PD -88 -96 PAGE 9 Respectfully submitted, Franklin Wu, M.C.I.P., R.P.P., Director of Planning and Development JAS *WM *DC *FW *cc Attach. June 10, 1996 Reviewed by, ,/Vw j W. H. Stockwell Chief Administrative Officer Interested parties to be notified of Council and Committee's decision: Submission 22 Mr. William Manson WDM Consultants 20 Clematis Road Willowdale, Ontario M2J 4X2 Submission 24 Mr. Alan Berk Barrister and Solicitor 650 King Street East Oshawa, Ontario 1-11-1 1G5 W. E. Roth Construction Ltd. 1500 Highway 2, Suite 203 Courtice, Ontario L1 E 2T5 Submission 25 Mr. Joseph C. Victor Creighton, Victor, Alexander, Hayward and Morison Barristers and Solicitors 235 King Street East Oshawa, Ontario L1 H 105 Mrs. Geraldine Cornish 3425 Regional Road 57 Bowmanville, Ontario L1 C 3K2 Submission 26 Linda & Andrew Bradford 2584 Holt Road Bowmanville, Ontario L1 C 3K2 Submission 28 Mr. Joe Domitrovic 3872 Courtice Road Courtice, Ontario L1 E 21-5 Submission 29 Mr. Michael J. McQuaid Weir and Foulds Barristers and Solicitors Exchange Tower, Suite 1600 P.O. 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E E a, w Oa •a O O N aj .N v m V Z N C m '6 «f O s Q y U v v O Y v .• cC v c c o c c O- i am § g - Q 5 Q -% \ \ j j j § / _ \ ± 0 \ § ~ / g A \/ § M / 79 \ ]\ 0 $ § ) a (z r ) ] j 2 0 / E 2 ] ) § k ® .0s _ ) d \ \ / j 2 \ % ( : r § k 0 m ) § § ] \{ _ : a + G C: ) § % } C\1, \ k Q § k \ <j ® » £ } 0 )} \ 2 2 ® k E et E2 ¢ ƒ m k )@ . § f R C o a ]o§ )] m \ .T \ ) \ }0 } / k \& \§ \�( \ \ $ § $ ] 2 2 ] m/ 0 o -9 --2 �� 3k§ 3 e \ w f £ § 2§ V / )o f ) \ k) m 2� !® ®§ co \� §o ]f �§ ,E \\ /\ zR EE m{ 8 /2 am PROPOSED MODIFICATION TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN, MAP Cl, NATURAL FEATURES AND LAND CHARACTERISTICS