HomeMy WebLinkAboutPD-157-96DN:OPREVIEW.GPTHE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: General Purpose and Administration Committee File # tPl,v
Date: Monday, November 18, 1996 LL10 � 5(l �1�C
Res. #���' _ LL
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#: PD- 157 -96 File #: PLN 32.10 By -law #.
Recommendations:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD- 157 -96 be received for information.
1. BACKGROUND
1.1 On September 25, 1996 Regional Council made a "proposed decision" to approve
the Clarington Official Plan with modifications, save and except for a number of
deferrals. The Regional Clerk subsequently issued the "Notice of Proposed
Decision" to approve the Clarington Official Plan on September 30th.
Under the Bill 163 provisions of the Planning Act, there is a 30 day period for
persons to request referral of all or a portion of the proposed official plan. The
decision of Regional Council became final on October 31, 1996, save and except
for the deferrals, referrals and appeals to the Ontario Municipal Board. This report
summarizes the deferrals, the referral requests and an appeal made with respect
to the Official Plan. It also addresses future actions resulting from the approval
of the new Official Plan.
REPORT .D PAGE 2
2.1 The Region's decision included the deferral of certain policies or portions of maps
for further consideration. These deferrals were made for a variety of reasons
including:
to allow for the processing of necessary amendments to the Durham
Regional Official Plan
to allow for further discussions and possible resolution of outstanding
issues between the Municipality and various parties
• to allow Regional staff more time to review certain issues (eg. retail
warehouses).
In total, 40 deferrals were made to the Clarington Official Plan as in Attachment
#1. Attachment #1 also identifies those Deferrals which are considered resolved.
In many cases, the deferrals are required while awaiting provincial approval of a
Regional Plan amendment.
Staff will be presenting periodic reports as the remaining deferrals are resolved.
In certain cases there may be no resolution. In such instances, staff would
recommend that the Region be requested to make a decision and allow the party
with a concern to refer the matter to the Ontario Municipal Board for resolution.
With each deferral, the same process will be followed as with the approval of the
Official Plan. The Region would issue a Notice of Proposed Decision followed by
a 30 day period for any party to request referral to the Ontario Municipal Board.
3.1 Under the provisions of the Planning Act (Bill 163), an objector has up to 30 days
from the Notice of Proposed Decision'to file requests for referral of parts or all of
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the new Official Plan. Seven referral requests were filed by the October 30,1996
deadline. An eighth referral request was received on October 31, 1996 and
therefore did not meet the specified referral period.
The eight referral requests are detailed in Attachment #2. They were filed by the
following persons:
1. Joseph Victor of Creighton Victor Alexander Hayward and Morison on
behalf of Geraldine Cornish, Edward Leaver and George Leaver
2. S.S. Matharu on behalf of Otto Provenzano
3. Peter Van Loan of Fraser & Beatty on behalf of Courtice Heights
Developments
4. Clifford Curtis
5. Aggregate Producers Association of Ontario
6. Ray Floyd of Centrehill Corporation on behalf of North Lake Estates Inc.,
Bennett Estates Inc. and Bennett Developments Inc.
7. Anthony Biglieri of Plantatics Group on behalf of Ms. S. Roman and Ms. J.
Holt
8. Hugh Allin (request received after expiry date)
The Region has 30 days to review a referral request and to make a decision on
whether the request is appropriate. The Region has the authority to refuse the
request for a number of reasons including the following:
• the reasons for the referral do not disclose any apparent land use planning
ground;
• the request for referral is not made in good faith or is frivolous or vexatious;
• the request for referral is made only for the purpose of delay;
• the person did not make oral or written submissions to Council before the
Plan was adopted; or
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REPORT NO.: PD- 157 -96 PAGE 4
the referral request was not filed within the specified time period.
3.2 Staff met with Regional staff to review the referral requests. The referral requests
by the Aggregate Producers Association of Ontario (APAO) and Clifford Curtis are
very broad in nature. For example, the APAO requested the referral of all lands
designated Oak Ridges Moraine, Green Space and Environmental Protection
Area. Similarly, Clifford Curtis requested referral of the land use designations for
all lands in Courtice north of Highway No.2. Regional staff are meeting with the
parties to request that they scope their referral requests more specifically to their
concerns.
3.3 In addition, one appeal was submitted by Mosport Park Entertainment
Corporation with respect to the proposed deferral of Section 16.2.2 (Deferral No.9)
and the designation of their lands on Map A in Concession 9, former Township
of Clarke (Deferral No. 17). The Planning Act (under Bill 163) permits appeals in
cases where the approval authority has not made a decision within 150 days.
In addition to the deferred matters noted above, Mosport Park requested the
appeal of Section 16.2.1 and the designation of their lands in Lot 33, Concession
8 and Lot 35 Concession 10 former Township of Clarke on Map A of the Official
Plan. Since the Region did not defer its decision on these matters, they are not
exposed to appeal under the Planning Act.
3.4 The Region will be making a decision on the referral requests shortly. Only Mr.
Allin's referral request will not be forwarded since he did not submit it within the
prescribed times. The Planning Act requires that the Region make the referrals
to the Ontario Municipal Board by November 29, 1996.
4.1 The Official Plan Review process is now complete. There remains however, the
time - consuming process of resolving the more contentious issues which have
been deferred or issues which will be referred to the Ontario Municipal Board.
The Official Plan also identifies a number of Special Study Areas which will
necessitate detailed studies to determine the future of these areas.
In addition, it is important that the Municipality undertake appropriate actions to
implement the Official Plan. Most critical, the Municipality is obligated to amend
the comprehensive zoning by -law to bring it into conformity with the new Official
Plan. Staff are preparing a number of interim amendments to deal with the more
urgent non - conforming issues. However, a more comprehensive review of the
zoning by -law will commence in 1997.
4.2 Staff are also working on an Implementation Program for the Official Plan
regarding matters which are required to enable the construction of public works
and allow development to proceed. This will outline further studies, detailed
guidelines, policies, acquisition programs and amendments to the Development
Charges By -law. Under the Planning Act, all public works must be done in
conformity with the Municipality's Official Plan. In addition, certain monitoring
mechanisms will be required to gauge the performance of the new Official Plan
and allow for adjustments where necessary. A report on an Implementation
Program, prepared in consultation with all Departments, will be presented early
in 1997.
5. CONCLUSION
The Clarington Official Plan is now in force, save and except for matters which
have been deferred for further consideration and matters which will be referred
to the Ontario Municipal Board. Staff are proceeding to take the appropriate
actions on a prioritized basis to ensure the successful implementation of the new
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Official Plan. This includes such matters as preparing a new comprehensive
zoning by -law and developing a prioritized implementation program with all
municipal departments.
Respectfully submitted, Reviewed by,
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Franklin Wu, M.C.I.P., R.P.P. W.H. Stockwell
Director of Planning Chief Administrative
and Development Officer
DC *FW *df
8 November 1996
Attachments:
1. Deferrals of Clarington Official Plan
2. Referrals of Clarington Official Plan
DEF. #
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DEFERRALS OF THE CLARINGTON OFFICIAL PLAN
REQUESTED BY
AGENCY /LANDOWNER
Region of Durham
MATTER DEFERRED
5.3.4 - 20 year limit to Employment Area Lands
ATTACHMENT # 1
D2 Region of Durham 10.9.5 - Defer policy on retail warehouses as it applies to the Municipality's
application to amend the Regional Official Plan (ROPA 96 -004) and
consideration of Regional policy on retail warehouses
D7
Aggregate Producers
15.3.4 - Defer this section to allow for further discussion amongst the
Association
Municipality, MNR, the Aggregate Producers Association, Ganaraska
Region Conservation Authority, Save the Oak Ridges Moraine, Save the
Ganaraska Again, SAGA and STORM.
D8
Aggregate Producers
15.3.7 - Defer this section to allow for further discussion amongst the
Association
Municipality, MNR, the Aggregate Producers Association , SAGA and
STORM.
D9
Mosport Park
16.2.2 - Defer this policy as it relates to Referral #16 of the Durham
Regional Official Plan.
D10
St. Marys Cement Corp.
16.5 - Defer this section and its corresponding subsections, as they relate
to a Durham Regional Official Plan deferral.
D11
St. Marys Cement Corp.
17.3 - Defer this section and its corresponding subsections, as they relate
to a Durham Regional Official Plan deferral.
Deferrals resolved through modification or awaiting approval of Regional
Planning Amendment
Outstanding
Deferrals
DEF. #
D17
D19
D21
D22
D24
DEFERRALS OF THE CLARINGTON OFFICIAL PLAN
REQUESTED BY
AGENCY /LANDOWNER MATTER DEFERRED
Mosport Park I Map Al - Defer Mosport Park Tourist Node symbol in relation to the
outstanding Referral of the Durham Regional Official Plan.
Laidlaw I Map Al - Defer Laidlaw lands as it relates to a Referral in the Durham
Regional Official Plan.
Region of Durham Map A2, A3 - Defer all Employment Area lands to enable further discussion
between the Municipality and the Region regarding a 20 year supply of
Employment Area lands.
Region of Durham Map A2 - Defer Highway Commercial designation in Courtice related to
ROPA 96 -005 and consideration of Regional policy on retail warehouses.
St. Marys Cement Map A3 - Defer St. Mary's Cement and the portion of the Cove Road
Port Darlington residential area within the Special Study Area No. 2.
Community Assoc.
Deferrals resolved through modification or awaiting approval of Regional
Planning Amendment
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Outstanding
Deferrals
DEFERRALS OF THE CLARINGTON OFFICIAL PLAN
DEF. # I REQUESTED BY
AGENCY /LANDOWNER
MATTER DEFERRED
D26
MNR, Aggregate
Map D - Defer delineation of Ganaraska watershed limit for further
Producers Associate
discussion with the Municipality, MNR, the Aggregate Producers
Association, SAGA and STORM.
D27
Roth
10.10 - Defer this section and its corresponding subsections as it relates to
Roth application for service station at Bloor / Courtice Road (ROPA 94 -007).
D28
Regional Works
23.10.1 - Defer policy to allow for further review.
D37
Department
16.10.1 and the lands in north Newcastle Village north of the northerly
D29
Roth
Map Al - Defer designation at northeast corner of Bloor Street and
D38
Bruce Brown
Courtice Road related Roth application for service station (ROPA 94 -007).
I) D32 I Region of Durham I Map A2 - Defer Waterfront Greenway designation south of the CN railway II
and north of Lake Ontario.
D34
Mel Edwards
Map A2 - Defer the designation of the lands at the north -east corner of
Bloor Street and Prestonvale Road for consideration as a Local Central
Area.
D35
Joe Domitrovic
14.5.1 - Defer until such time as an application is made to amend the
Durham Regional Official Plan.
D36
St. Marys Cement
4.6.5 as it relates to St. Marys Cement,
D37
Hugh Allin
16.10.1 and the lands in north Newcastle Village north of the northerly
collector road.
D38
Bruce Brown
Map A4 - The Community Park designation in Newcastle Village.
D39
Laidlaw
Sections 4.3.8, 4.8.9, 4.8.10, 4.8.11, 4.8.12 and Section 4.9 as they apply
to the possible application for approval of a Waste Management Site by
Laidlaw
Deferrals resolved through modification or awaiting approval of Regional
Planning Amendment
664
Outstanding
Deferrals
LOT 17
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LOT 16
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ATTACHMENT #2A
LOT 15 LOT 14 LOT 13 LOT 12
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REFERRAL REQUEST NO. 1
GERALDINE CORNISH, EDWARD LEAVER, GEORGE LEAVER
3425 Regional Road 57, Bowmanville
Matters Requested to be 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
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ATTACHMENT #2B
I LOT 30 LOT 29
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REFERRAL REQUEST NO. 2
OTTO PROVENZANO
1678 Highway No. 2, Courtice
Matters Requested to be Referred:
• Land Use designation on Map A2
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ATTACHMENT #2C
LOT 30 LOT 29 LOT 28 LOT 27
REFERRAL REQUEST NO. 3
COURTICE HEIGHTS DEVELOPMENTS
Hancock Neighbourhood, Courtice
Matters Reguuested to be Referred:
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• Population of Hancock Neighbourhood on Map E1
• Housing Target for Hancock Neighbourhood and Courtice 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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REFERRAL REQUEST NO. 5
AGGREGATE PRODUCERS ASSOCIATION OF ONTARIO
Matters Requested to be 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, 15.3.4, 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 #2F
LOT 8 LOT 7 LOT 6 LOT 5
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REFERRAL REQUEST NO. 6
NORTH LAKE ESTATES INC., BENNETT ESTATES INC. AND
BENNETT DEVELOPMENTS INC.
Part of Lots 5 and 6, Broken Front Concession, Bowmanville
Matters Requested to be Referred:
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• Type. C arterial road along Bowmanville waterfront on Map B
• Section 9.5.5(g), 19.53 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
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ATTACHMENT #2G
LOT 33 LOT 32
HIGHWAY No. 2
REFERRAL REQUEST NO. 7
S. ROMAN AND J. HOLT
2720 Prestonvale Road, Courtice
Matters Requested to be Referred:
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• "Urban Residential" land use designation for subject lands on Map A2
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ATTACHMENT #2H
LOT 30 LOT 29 LOT 28 LOT 27 LOT 26 LOT 25
REFERRAL REQUEST NO. 8
Hugh Allin
Part Lots 26, 27 and 28, Concession 3, former Township of Clarke
Matters Requested to be Referred:
® Land use designations on Map A4 for the north half of Lots 27 and 28,
Concession 2, Newcastle Village
• Land use designations on Map Al (Clarke) for the south half of Lots 27
and 28, Concession 3, former Clarke Township
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APPEAL REQUEST 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 Requested to be 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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