HomeMy WebLinkAboutPD-93-96THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
DN: DUR- WAT.GPA
REPORT
Meeting: General Purpose and Administration Committee File # <-
r
Date: Monday, June 17, 1996 Res. #
Report #: PD -93 -96 File #: PLN 15.6
By -law #
Subject: DURHAM LAKE ONTARIO WATERFRONT REPORT
PROPOSED AMENDMENT TO THE REGION OF DURHAM OFFICIAL PLAN
PLN 15.6
Recommendations:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD -93 -96 be received;
2. THAT Report PD -93 -96 be endorsed as the Municipality of Clarington's comments
on the Durham Lake Ontario Waterfront Report; and
3. THAT a copy of Report PD -93 -96 and Council's decision be forwarded to the
Region of Durham Planning Department.
1. INTRODUCTION
1.1 Section 14.3:9 of the Durham Region Official Plan requires the preparation of a
plan for areas designated Waterfront along Lake Ontario. The Region of Durham
Planning Department has prepared a document entitled "The Durham Region
Lake Ontario Waterfront Report ".
The Report recommends an amendment to the Regional Official Plan to
incorporate new policies relating to the Lake Ontario Waterfront. The Report also
recommends that Staff investigate the establishment of a Regional Harbour Work
Group to address commercial port facilities in the Region.
On April 30, 1996 Regional Planning Committee authorized Regional Staff to
proceed with advertising Information Meetings on the proposed amendment to the
Regional Official Plan relating to the Lake Ontario waterfront. Regional Planning
586
REPORT NO. PD -93 -96 PAGE 2
Committee's decision was forwarded to all area municipalities.
1.2 On May 13, 1996, Council received the correspondence and referred to matter to
the Director of Planning and Development for the review and preparation of a
report to be submitted to the General Purpose and Administration Committee.
The purpose of this report is:
• to provide Council with an overview of the Waterfront Report;
• provide comments on the proposed amendment to the Regional Official
Plan; and
• provide recommendations on the formation and the Proposed Outline for
the Regional Harbour Work Group.
2. THE DURHAM REGION LAKE ONTARIO WATERFRONT REPORT
2.1 The Region defines its role in planning the waterfront as that of "coordinating" and
"assisting ". The Region proposes to coordinate the waterfront studies and other
activities across the five lakeshore municipalities by setting broad objectives to
assist in the overall development of the waterfront. The Region's efforts are
intended to complement all other waterfront planning efforts.
2.2 The Report focuses on a Waterfront which needs:
• to be integrated with people's lives;
• to be accessible as a people place;
• to protect its significant natural functions and features; and
• a long term vision for the coordination of activities.
It articulates these needs into a vision for the waterfront. The vision includes:
• an active and attractive waterfront
• a healthy waterfront
• an accessible waterfront
• a coordinated waterfront
587
REPORT NO. PD -93 -96 PAGE 3
An active and attractive waterfront must offer a choice of opportunities to all
sectors of society. Places along the waterfront must attract people for a variety
of reasons draw together the community.
A healthy waterfront has a variety of natural features and functions. They must
be maintained and where necessary enhanced as important components of the
waterfront experience.
An accessible waterfront should have easy access to and along a maximum
amount of shoreline. The waterfront must be connected with other key places in
the Region.
A coordinated waterfront requires the development of waterfront activities through
setting a long term vision to be shared and implemented.
2.3 Some of the initiatives the Region has proposed to achieve their vision include:
• recognizing urban activities and facilities, such as marinas, residential
development and passive and active open spaces as dominant locations
along the waterfront
• supporting commercial harbour activities
• enhancing water supply and water pollution control plant in manner which
raises awareness of their contribution of life and maximizes public access
• minimizing impacts on the natural environment when evaluating waterfront
development proposals
• establishing an open space system along the waterfront and provide
linkages to the Oak Ridges Moraine
• monitoring water quality and reviewing techniques for improving water
quality for bathing
• identifying strategies for improving access to the waterfront
588
REPORT NO. PD -93 -96 PAGE 4
• identifying a continuous Waterfront Trail that shall be implemented over the
long term, while area municipalities and other stakeholders are responsible
for implementing the Trail.
2.4 The Durham Lake Ontario Waterfront Report is only a draft. The Report will not
be finalized or adopted by Regional Council. Instead, the report is viewed as a
background document and forms the basis for the proposed amendment to the
Regional Plan.
3. PROPOSED AMENDMENT TO THE REGIONAL OFFICIAL PLAN
3.1. To implement the directions of the Regional Waterfront Report, an amendment
provides land use designations and policies for the Lake Ontario Waterfront. The
three new policies introduced into the Regional Plan are:
• a Waterfront Place designation
• requirements for Environmentally Impact Studies for development along the
waterfront
• improving public access to the water
The proposed amendment forms Attachment #1 to this report.
3.2 Waterfront Places
3.2.1 The amendment would remove the Tourist Activity Node, Marina and /or
Recreational Node symbols from dominant locations along the waterfront and
replace with a new designation referred to as "Waterfront Places ". These places
are:
•
Frenchman's Bay
•
Harwood Point
•
Whitby Harbour
•
Oshawa Harbour
•
Port Darlington
•
Port of Newcastle
589
REPORT .D .6 PAGE 5
Waterfront Places shall be developed as focal points. Marinas, recreational,
cultural, tourist activities and community uses will be encouraged to develop at
these locations. Area municipalities shall prepare land uses plans for Waterfront
Places that should:
consider environmental constraints
• maximize access to waterfront places by roads, public transit, water and
trails
• maximize public accessibility to the water's edge
• emphasize landscape features and heritage resources to strengthen
community identity
• recreational activities are encouraged to develop close to the shore to
promote interactions with the water;
• provide opportunities for year round uses.
3.2.2. Staff Comment
The proposed amendment requires the preparation of land use plans to guide
development in these areas. It does not specify if the land use plan shall be a
Council adopted secondary plan, a concept plan, or a neighbourhood
development plan. Regional Staff have indicated the plan should provide a
general concept for the future development of Waterfront Places that satisfies the
basic elements in the Report. The Neighbourhood Design Plan, required by the
new Clarington Official Plan would appear to be an appropriate mechanism.
The Port Darlington Secondary Plan, adopted as part of the Clarington Official Plan,
provides detailed land uses for the area that satisfy the criteria for a Waterfront
Place in the Region's Report. In addition, Urban Design Guidelines shall be
prepared to implement the policies of the Secondary Plan.
A Secondary Plan for the future development of the Port of Newcastle has not
been prepared. While the Official Plan provides a general concept indicating the
open space areas, collector road patterns, a local central area etc., a detailed plan
590
REPORT .D .6 PAGE 6
for the area has not been prepared or approved. A Neighbourhood Design Plan
for the area would appear to satisfy the Region's requirement for land use plan.
Staff have no objection to the proposed policies regarding Waterfront Places.
3.3 Environmental Impact Study for Waterfront Development
3.3.1 Section 2.3.17 of the Regional Plan provides criteria for an Environmental Impact
Study. The amendment requires that any development application along the Lake
Ontario shoreline, must submit an EIS which also addresses:
• impact on the shoreline, creeks, wetlands and near -shore wildlife habitat
and aquatic characteristics;
e opportunities to develop potential natural corridors to link natural areas
along the waterfront and north -south linkages with creek valley systems;
• impact on Lake water quality;
• suitability of lands for public acquisition, because of their ecological,
culture or recreational value; and
• the acceptability of soil quality if the development proposal involves
lakefilling.
3.3.2. Staff Comment
The amendment proposes to include additional criteria for an EIS is required for
development applications along the Lake Ontario Shoreline. These additions
require the protection of sensitive Lakeshore habitat, while ensuring that any new
development will not adversely impact the unique characteristics of the waterfront.
These requirements are a positive direction to ensure the waterfront development
proceeds in a manner consistent with the vision of Region's Waterfront Report. As
such, Staff support this policy.
3.4 Improving public access
3.4.1 The amendment emphasizes the need for public access to the water's edge. The
Waterfront Trail is the primary method for providing public access. It states that
Regional Council shall work with area municipalities, conservation authorities,
591
REPORT NO. PD -93 -96 PAGE 7
provincial agencies, community groups and private sector to develop the
Waterfront Trail in the Region of Durham.
3.4.2 Staff Comment
The policy permits each municipality to determine the interim and ultimate trail
alignments. The Region will provide support for area municipalities to achieve
their proposed alignments. In addition, the Region can continue to be an active
participant in initiating Trail construction programs on lands which they own, such
as the Waterfront Trail on the Corbett Creek Water Pollution Control Plant in Whitby
and a secondary trail around the new Wilmot Creek Water Pollution Control Plant.
There are many unresolved trail alignments across the entire length of the
Waterfront Trail in Durham. Any support from the Region is viewed as a positive
step achieve a complete alignment.
4. REGIONAL HARBOUR WORK GROUP
4.1 Section 3.3.8 of the Durham Region Official Plan recognizes the importance of a
commercial port facility in the Region of Durham. The Plan suggests that the role
of the Oshawa Harbour may be reconsidered pending the completion of studies
for both the Oshawa Harbour and St. Marys Cement dock facility.
The Durham Region Lake Ontario Waterfront Report recommends the creation of
a Regional Harbour Work Group. The Work Group will investigate and make
recommendations on the selection of a commercial port facility in the Region. It
will consist of representatives of all levels of government, industry and public
organizations. The Municipality of Clarington, Port Darlington Community
Association and St. Marys Cement are among the many members of the
proposed Workgroup. The Proposed Outline for the Work Group forms
Attachment No. 2 to this report.
4.2 At the Regional Planning Committee meeting of April 30, 1996, Committee
resolved to table the recommendation to investigate the establishment of a
592
REPORT NO. PD -93 -96 PAGE 8
Regional Harbour Work Group pending the outcome of an Ontario Municipal
Board Hearing regarding an appeal launched against the City's Comprehensive
Zoning By -law by the Oshawa Harbour Commission.
Regional Staff indicate the hearing will likely continue to the end of 1996.
4.3 Staff Comments
In the past, there has been speculation as to whether St. Marys Cement dock
could function as the Regional port facility if Oshawa Harbour is dissolved as a
commercial port facility. The creation of a group to examine the future of
commercial docking facilities in Durham is an attempt to address this need in the
event the City of Oshawa is successful in converting the Oshawa Harbour to
largely a recreational harbour.
Staff have reviewed the Proposed Outline and are concerned that the Work Group
is responsible for "selecting a commercial port facility in the Region." Staff are of
the opinion that the Outline focuses on the selection of a new commercial port
facility and does not appear to examine the options of either retaining Oshawa
harbour as a commercial port facility or having two regional port facilities.
In addition, the Regional Harbour Work Group will examine all existing studies
related to harbours in the Region. Although, several studies were prepared for St.
Marys Cement dock expansion, they were technical documents related primarily
to the impacts of lakefilling. St. Marys has been reluctant to divulge the findings
of their studies. The justification for the dock expansion was not addressed as
part of the Federal or Provincial approvals process, despite requests from the
Municipality. In order to address the issues related to St. Marys' dock there is the
need to release all existing information, document the existing uses and potential
future uses for a harbour facility, examine operational and infrastructure issues and
consider environmental impacts. This will likely require consultant expertise and
funding for such studies. The Proposed Outline for the Region Harbour Work
REPORT NO. PD -93 -96 PAGE 9
6.1
Group does not indicate whether funds will be available to the Work Group for
technical support.
CONCLUSIONS
The Waterfront Report provides a positive long term vision for Durham's
Waterfront. The proposed amendment reflects the directions of the Clarington
Official Plan and the Port Darlington Secondary Plan. Staff respectfully
recommend that Council endorse the proposed amendment to the Regional Plan.
6.2 Regional Staff will proceed with a Public Meeting in accordance with the
requirements of the Planning Act. Public Information Sessions to solicit public
input on the proposed amendment to the Regional Plan will be held in Ajax and
Oshawa in late June.
6.3 The proposed Regional Harbour Work Group has merit and could assist in
resolving the complex issues related to marine transportation needs in Durham
Region. However, the Proposed Outline for the Work Group needs to be
amended to reflect the concerns identified in this report.
Respectfully submitted,
Franklin Wu, M.C.I.P., R.P.P.,
Director of Planning
and Development
CS *DC *FW *cc
Attach.
June 7, 1996
Reviewed by,
W. H. Stockwell
Chief Administrative
Officer
594
Proposed Amendment to the Durham Regional Official Plan
Purpose: This Amendment provides additional land use designations and
policies for the Lake Ontario Waterfront in accordance with Section
14.3.9 of the Durham Regional Official Plan.
Basis: The Durham Regional Official Plan requires Regional Council, in
cooperation with the Area Municipalities, to prepare a plan for all,
or part of, the area designated Waterfront along Lake Ontario. In
March 1995, the Lake Ontario Waterfront Report-Draft for
Discussion was prepared and circulated to the Area Municipalities,
appropriate government agencies and the public for comment.
Actual The Durham Regional Official Plan is hereby amended as follows:
Amendment:
i) by amending Maps A4 and A5 - Regional Structure as shown
. on Exhibit 'A' attached;
ii) adding to the end of Section 14.3.8 as follows:
"When an Environmental Impact Study is required for a
development application along the Lake Ontario shoreline,
further to the matters listed in Section 2.3.17, the Study shall
address:
a) impact on the shoreline, creeks, wetlands, and near -shore
wildlife habitlep nd aquatic characteristics;
b) opportunities to develop potential natural corridors to link
natural areas along the waterfront and north -south linkages
with creek valley systems;
c) impact on Lake water quality;
d) suitability of lands for public acquisition, because of their
ecological, cultural or recreational value; and
42
595
e) the acceptability of soil quality, if the development proposal
involves lakefilling."
iii) deleting Section 14.3.9, and replacing it as follows:
14.3.9 Map 'A' designates Waterfront Places along the Lake
Ontario Waterfront at the following locations:
a)
Frenchman's Bay;
b)
Harwood Point;
c)
Whitby Harbour;
d)
Oshawa Harbour;
e)
Port Darlington;
f)
Port of Newcastle.
Waterfront Places shall be developed as focal points
along the Lake Ontario waterfront, and exhibit a mix
of uses and attract people for a variety of reasons.
Uses may include marina, recreational, tourist, and
cultural and community uses. The scale of
development shall be based on the ability of each
Waterfront Place to accommodate growth. The Area
Municipalities, in consultation with the Region and
other agencies having jurisdiction, shall detail the land
uses in the Waterfront Places. These plans should:
a) consider environmental constraints;
b) maximize access to the Waterfront Place by a
variety of transportation modes, such as roads,
public transit, water, and trails;
c) maintain the maximum amount of the water's
edge accessible to the public,
d) emphasize the landscape features and heritage
resources of the individual Waterfront Places to
strengthen community identity;
43
596
e) consider near - shoreline recreational activities
which promote interaction with the water; and
f) provide opportunities for year -round uses.
iv) deleting from Section 14.3.10, as follows:
"Prior to the adoption of a waterfront plan for Lake Ontario,"
v) adding to the end of Section 14.3.11, as follows:
"In particular, Regional Council shall pursue, in coordination
with the Area Municipalities, conservation authorities, provincial
agencies, community.groups and the private sector,
development of a Lake Ontario Waterfront Trail."
Implementation: The provisions set forth in the Durham Regional Official Plan, as
amended, regarding the implementation of the Plan shall apply in
regard to this Amendment.
Interpretation: The provisions set forth in the Durham Regional Official Plan, as
amended, regarding the interpretation of the Plan_ shall apply in
regard to this Amendment.
4 4 597
OFFICIAL PLAN OF THE REGIONAL MAPS
REGIONAL MUNICIPALITY STRUCTURE
OF DURHAM A4 & A5
Exhibit 'A'
DELETE MARINA SYMBOLS AND
ADD "WATERFRONT PLACE" SYMBOL
DELETE MARINA, RECREATIONAL NODE
AND TOURIST ACTIVITY NODE SYMBOLS
AND ADD "WATERFRONT PLACE "SYMBOL
DI
DELETE MARINA AND
TOURIST ACTIVITY NODE SYMBOLS
AND ADD "WATERFRONT PLACE" SYMBOL
8 . I
LAKE ONM�
DELETE MARINA AND
TOURIST ACTIVITY NODE SYMBOLS
AND ADD "WATERFRONT PLACE " SYMBOL
ii
DELETE MARINA, RECREATIONAL NODE
AND TOURIST ACTIVITY NODE SYMBOLS
AND ADD "WATERFRONT PLACE" SYMBOL
cm0
DELETE MARINA, RECREATIONAL NODE
AND TOURIST ACTIVITY NODE SYMBOLS
AND ADD "WATERFRONT PLACE" SYMBOL
h5 - 598
ATTACHMENT 2
Proposed Study Outline for the Regional Harbour Work Group
The Durham Regional Official Plan recognizes the importance of a commercial port
facility to the Region's economic base. To address this issue, the Region proposes
to initiate and coordinate a Regional Harbour Work Group, consisting of
representatives of all levels of government, industry and public organizations. The
Work Group will investigate and make recommendations on the selection of a
commercial port facility in the Region, and generally should:
a) examine existing studies relating to harbours in the Region;
b) examine existing harbour facilities in the Region, including;
• economic costs and benefits of a commercial port to the Region;
• future needs for a commercial port facility in the Region;
c) identify general criteria for selecting a commercial port facility, such as:
• physical conditions required to support a commercial port facility;
• economic viability, including development, maintenance and operating costs;
• development potential for harbour - related industrial /commercial uses;
• transportation requirements; and
• impact on surrounding shoreline, nearby residents, adjacent land uses and
natural environment;
d) identify and examine site specific issues at the Oshawa Harbour in the City of
Oshawa and the St. Mary's Cement Corporation dock facility in the Municipality
of Clarington which relate to the selection of a commercial port facility in the
Region.
e) provide recommendations on:
• future needs for a commercial port facility in the Region; and
• preferred location of a commercial port facility in the Region.
4 6 599
Proposed Members of the Regional Harbour Work Group
Central Lake Ontario Conservation Authority
City of Oshawa
Durham Region Manufacturers' Association
Environment Canada
Federal Department of Fisheries and Oceans
Friends of Second Marsh
Ministry of Environment and Energy
Ministry of Natural Resources
Municipality of Clarington
Oshawa Harbour Commission
Port Darlington Community Association
Region of Durham
St. Marys Cement Corporation
Transport Canada
Waterfront Regeneration Trust
47 ' 59900 1