HomeMy WebLinkAboutPD-14-96REPORT: #3
DN:PD14.96 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: Council File #
Date: Monday, January 29, 1996
Res. #
Report #: PD -14 -96 File #: By -law #
Subject: REQUESTED AMENDMENTS TO THE DURHAM REGIONAL OFFICIAL PLAN
Recommendations:
It is respectfully recommended to Council the following:
1. THAT Report PD -14 -96 be received;
2. THAT Durham Region be requested to amend the Durham Regional Official Plan
in accordance with the modifications shown in Section 4 of this Report; and
3. THAT a copy of this report be forwarded to the Durham Region Planning
Department.
1. INTRODUCTION
1.1 The purpose of this report is identify possible amendments to the Durham
Regional Official Plan which are required to facilitate approval of the Clarington
Official Plan. This includes:
a) a review of the appropriateness of the exceptions for properties contained in
the Regional Official Plan; and
b) amendments to the Regional Official Plan that would render those policy and
map changes consistent with the Recommended Clarington Official Plan.
2. EXCEPTIONS IN THE DURHAM REGIONAL OFFICIAL PLAN
2.1 Since the adoption of the Regional Official Plan in 1976, several site specific
Official Plan Amendments have been approved pertaining to properties in
Clarington. When the 1991 Regional Official Plan was approved, these
amendments (with their associated properties) were carried forward and are now
REPORT PD -14 -96
PAGE 2
contained in Section 20.11.2 and Part F, Appendix 1 of the 1991 Regional Official
Plan. Some of these amendments are now considered to be obsolete and should
be repealed. Each amendment (property) is explained as follows:
2.2 Take -out Restaurant and Convenience Commercial Uses at Highway 2 and
Rundle Road (see Attachment No. 1)
Section 8.3.2.6, contained in the 1976 Regional Official Plan and carried into the
1991 Regional Official Plan, is an exception which has been in place for about 17
years. The site has special exception zoning but, a site plan application has not
been pursued. The site is currently vacant.
This exception was the result of the approval of Official Plan Amendment
Application 77- 029/D(6), an application submitted by Paul Papanikolopoulos on
December 14, 1977. This application which became Amendment No. 6 to the
1976 Regional Official Plan was adopted by Regional Council on October 4, 1978
and approved by the Ministry of Housing on December 18, 1978. The Town of
Newcastle's rezoning for the site was Special Purpose Commercial Exception (C4-
6).
This exception allows a commercial use in a rural area. Specifically, it is located
in the Major Open Space designation which in this instance forms an urban
separator between Courtice and Bowmanville. The building of such a use is
contrary to the policies of the Recommended Official Plan which designates the
site Green Space, and would degrade the character of this rural area and make
the preservation of the separator function in this area more difficult. Section
8.3.2.6 is recommended for repeal.
2.3 Orono Exotic Cat World and Commercial - Retail Clearance Outlet (Factory
Closeouts) on Highway 35/115 north of Orono (see Attachment No's. 2 and 3,
In we
respectively)
PAG E 3
Two properties are mentioned in Section 8.3.2.8, a section contained in the 1976
Regional Official Plan and carried into the 1991 Regional Official Plan. The
properties, Orono Exotic Cat World and a site for a Commercial - Retail Clearance
Outlet (Factory Closeouts) both have been approved as an exception through an
approved Official Plan Amendment. The two properties are near each other but,
they are not adjacent nor are they related to each other in a land use or business
sense.
Orono Exotic Cat World is a private zoo and animal sanctuary for larger felines
and some other exotic animals. The exception made for the Cat World property
was the result of the approval of Official Plan Amendment Application 83- 004 /D,
an application submitted by W. Klose. This application which became
Amendment No. 102 to the 1976 Regional Official Plan, was approved by the
Ministry of Municipal Affairs on November 30, 1983. The rezoning and site plan
applications, submitted by W. Klose and the Havelberg Dog Academy, were
approved by the Town of Newcastle on September 24, 1984. The approved
rezoning was Agricultural Exception (A -15). All or at least most of the approved
structures have been built.
Since the Cat World property is recognized in the Recommended Official Plan
as a Tourism Node, any reference to it in Section 8.3.2.8 of the Regional Official
Plan is considered redundant and should be deleted.
The other property mentioned in Section 8.3.2.8, the Clearance Outlet, was
approved 10 years ago as an exception as a result of the approval of Official Plan
Amendment Application 85- 008 /D, an application submitted by Elgin E. Ney and
received by the Regional Planning Department on February 19, 1985. This
application which became Amendment No. 134 to the 1976 Regional Official Plan
REPORT PD -14 -96
PAGE 4
was adopted by Regional Council on September 11, 1985 and approved by the
Ministry of Municipal Affairs on January 14, 1986.
Despite the above, zoning is not in place and the site is still vacant. The
commercial use contradicts the policies of the Recommended Official Plan which
designates the site Prime Agricultural Area. It is recommended that the second
part of Section 8.3.2.8 be repealed.
2.4 A Residential Lot near the Highway 35/115 and Highway 2 Intersection and
a Residential Lot near the Darlington - Clarke Townline Road and Concession
Road 3 Intersection (see Attachment No's. 4 and 5, respectively)
Section 10.2.2.3 contained in the 1976 Regional Official Plan and carried into the
1991 Regional Official Plan, deals with exceptions for a number of separate
properties, including the two above properties, which are covered in Subsections
10.2.2.3 c) and 10.2.2.3 i), respectively.
The exception made for the first residential lot was the result of the approval of
Official Plan Amendment Application 83- 007 /D, an application submitted by Gerrit
Hartemink and received by the Regional Planning Department on March 11, 1983.
This application which became Amendment No. 97 to the 1976 Regional Official
Plan was adopted by Regional Council on July 20, 1983 and approved by the
Ministry of Municipal Affairs on August 19, 1983. The approved amendment
allowed one residential lot. The lot is registered and built on.
As the lot has been built on and there is no further development potential
associated with the approved exception, it is recommended that the exception
and therefore, Section 10.2.2.3 c) be repealed.
The exception made for the other residential lot was the result of the approval of
REPORT PD -14 -96 PAGE 5
Official Plan Amendment Application 87- 044/D, an application submitted by Nick
Zondervan and received by the Regional Planning Department on June 25, 1987.
This application which became Amendment No. 185 to the 1976 Regional Official
Plan was adopted by Regional Council on January 13, 1988 and approved by the
Ministry of Municipal Affairs on February 10, 1988. The exception permits one
residential lot which has since been severed and zoned to allow such use. Given
the above, an exception is no longer required. It is recommended that the
exception and therefore, Section 10.2.2.3 i) be repealed.
2.5 Potter's Lane in Enniskillen (see Attachment No. 6)
Section 10.4.2.8, and the specific reference to Plan of Subdivision 18T -24002
(Potter's Lane) contained in the 1976 Regional Official Plan and carried into the
1991 Regional Official Plan, is an exception that was prepared because the Plan
of Subdivision predated the 1976 Regional Official Plan. The subdivision is
zoned, registered and built. In addition, the subdivision is designated as Hamlet
Residential in the Recommended Official Plan. Any reference to this subdivision
in the Regional Official Plan is redundant and should be deleted.
3. REQUESTED AMENDMENTS TO THE DURHAM REGIONAL OFFICIAL PLAN
3.1 The preparation of the Recommended Official Plan has also raised the issue of
possible amendments to the Regional Official Plan. The registered amendments
are as a result of policies contained in the Recommended Official Plan which are
not consistent with policies and /or designations contained in the Regional Official
Plan.
3.2 Highway Commercial Designation in Employment Areas
The Highway Commercial designation of the Recommended Official Plan permits
special purpose commercial uses as described in the Regional Official Plan. The
REPORT PD -14 -96 PAGE 6
Recommended Official Plan includes a Highway Commercial designation in part
of the Courtice Employment Area but, there is no such designation in the Courtice
Employment Area in the Regional Official Plan.
Prior to commencing the Official Plan Review, in 1992, the Municipality undertook
the Courtice Employment Area Study. The purpose of the Study was to develop
policies for the new Employment Area lands being added in the Regional Official
Plan. One of the recommendations from that Study was the designation of a
Highway Commercial area north of Highway 401 and west of Courtice Road. The
location was considered to be ideal, taking advantage of the exposure to both
Highway 401 and Courtice Road traffic.
The location of a Highway Commercial designation was given lengthy
consideration in the preparation of the Recommended Official Plan. Highway
Commercial uses are intended to consume larger parcels of land, have good
exposure to traffic, allow for outdoor storage and /or display and serve the
occasional needs of residents. These locational criteria are very limited along
Highway 2 (King Street) in the Courtice Urban Area. Most of the original sites
have been redesignated for other commercial uses over time (i.e. Courtice Sub -
Central Area). As a result, the location of a Highway Commercial designation
appears most appropriate in the Baseline Road and Courtice Road area.
In consideration of the above comments, it is recommended that the Regional
Official Plan be amended to permit the Highway Commercial designation in the
Courtice Employment Area.
3.3 Auto -Malls in Employment Areas
Section 11.5.5 of the Recommended Official Plan provides requirements for the
establishment of auto -malls (i.e. a minimum of 3 individual motor vehicle
REPORT PD -14 -96
PAG E 7
dealership) in the Light Industrial Area designation, which is in the Employment
Area designation in the Regional Official Plan. However, the Regional Official Plan
limits such uses to the special purpose commercial uses within the Living Area
designation, but not in the Employment Area designation.
The locational requirement of the above Policy limits this form of development to
sections of Courtice Road and Bloor Street frontages in Courtice, and the
Baseline Road frontage in Bowmanville. This Policy allows Employment Area
lands with exposure to high traffic volumes to develop concentrations of auto -
related uses, many of which are typically found in Employment Areas.
It is recommended that the Regional Official Plan be amended to permit the
establishment of auto -malls in the Light Industrial designation, as contained in the
Recommended Official Plan.
3.4 Places of Worship in General Agricultural Areas
Section 5.2.1 of the Regional Official Plan encourages cultural facilities such as
places of worship to locate in the urban areas and shall permit said uses in any
designation except for Permanent Agricultural Reserve and General Agricultural
Area. The policies of the Recommended Official Plan allow places of worship in
General Agricultural Areas provided they are to serve the residents of nearby
communities within the Municipality.
The Regional Official Plan permits places of worship in the Major Open Space
System designation, which covers a large portion of the rural area. Staff believe
that permitting places of worship in the General Agricultural designation is not
dissimilar to allowing them in the Major Open Space designation. Furthermore,
the Recommended Official Plan policy requires places of worship to serve the
residents of a nearby community. We do not believe the relaxation of Regional
policies would lead to proliferation of churches throughout the rural area.
It is recommended that the Regional Official Plan be amended to permit the
development of places of worship in the General Agricultural designation as per
the policies of the Recommended Official Plan.
3.5 Highway 407
The Ministry of Transportation has identified the technically preferred -route for
Highway 407 through the Municipality from the Clarington /Oshawa townline to
Highway 35/115. This alignment is identified in the Regional Official Plan. As per
Council direction, the Recommended Official Plan designates Highway 407 from
the Clarington /Oshawa townline east to the north - south, 401 - 407 Connecting
Link (Courtice Link).
Council has been consistent in their position opposing the proposed Highway 407
east of the Courtice Link. As a result, it is recommended that the Regional Official
Plan be amended accordingly.
3.6 Townline Road/ 401 Interchange
The Recommended Official Plan designates a future 401 interchange in the
vicinity of Prestonvale Road and Townline Road in Courtice. This proposed
interchange is not designated in the Regional Official Plan. Therefore, a request
to amend said Plan is required.
The Courtice Employment Area Study, noted above, reviewed the existing
transportation network in south Courtice, and identified improvements required
to accommodate the traffic associated with the proposed designations. In
addition to widening existing roads and construction of new roads, it was
PAGE 9
determined that an interchange would be required to service the future combined
industrial and residential traffic of south Courtice. These conclusions were further
corroborated in the work more recently completed by Totten Sims Hubicki. The
conclusion of the Study is that without the interchange as part of the
transportation network, the Prestige Employment Area and Light Industrial Area
designations, which are expected to be high employment generators, will have to
be substantially reduced or eliminated in Courtice.
In consideration of existing and proposed interchanges, as currently contained in
the Regional Official Plan (Courtice Road and Col. Sam McLaughlin), the subject
interchange is located directly south of the existing Prestonvale Road road
allowance. However, Townline Road is envisioned as curving to the south -east
to provide an interchange with Highway 401. It is recommended that the
Regional Official Plan be amended to reflect the interchange, the Townline Road
alignment and Type B designation as contained in the Recommended Official
Plan.
3.7 Courtice Transportation
The transportation needs of the Municipality and each urban area were reviewed
as part of the preparation of the Recommended Clarington Official Plan. Totten
Sims Hubicki assisted staff in reviewing transportation issues in south Courtice.
The Recommended Plan proposes a number of modifications to the Courtice
transportation network as compared to that contained in the Regional Plan. It is
recommended that the Schedule B2 of the Regional Official Plan be amended to
reflect schedule B2 of the Recommended Official Plan, specifically as it relates to
the following roads:
• designation of Prestonvale Road
• designation and alignment of Glenabbey Drive (East -West Type C arterial)
• designation of Townline Road south of Bloor Street
• designation and alignment of roads in the Courtice Employment Area,
south Bloor Street and west of Courtice Road
PAGE 10
Another aspect of the transportation system which was identified through the
Courtice Employment Area Study was the location of a future GO Station. It is
believed that the long term development of the Employment Area, and specifically
of the Prestige Employment Area designations will assist to support a GO Station
in this location.
A GO Station in this location is also seen as being a destination for commuters
coming from the east. It is recommended that the Regional Official Plan be
amended to include provision for a GO Station as contained in the Recommended
Official Plan.
3.8 Green Road
Green Road in Bowmanville is designated as a Type C arterial in the Regional
Official Plan. The Recommended Official Plan provides a designation of Type B
arterial for this road. Staff believe that as Markborough's Clarington Centre
develops and Green Road is extended south to connect with Baseline Road,
traffic volumes on this road will warrant a Type B designation. Therefore, it is
suggested that the Regional Official Plan be modified to identify Green Road from
Baseline Road north to Nash Road as a Type B arterial.
4. SUMMARY OF AMENDMENT REQUESTS TO THE REGIONAL OFFICIAL PLAN
1) Repeal Section 8.3.2.6 as found in Part F, Appendix No. 1.
2) Repeal Section 8.3.2.8 as found in Part F, Appendix No. 1.
3) Repeal Section 10.2.2.3, Subsection c) as found in Part F, Appendix No.
1 and re- number Subsections d) to r) accordingly.
4) Repeal Section 10.2.2.3, Subsection i) as found in Part F, Appendix No. 1
and re- number Subsections j) to r) accordingly.
5) Within Part F, Appendix No. 1, Section 10.4.2.8, second line, delete the
REPORT PD -14 -96
words "18T -24002 in the Municipality of Clarington, ".
PAGE 11
6) Permit special purpose commercial uses in the Courtice Employment Area
designation
7) Permit Auto - malls, as defined in the Recommended Official Plan in the
Employment Area designations.
8) Permit Places of Worship in the General Agricultural designation as
contained in the Recommended Official Plan.
9) Delete Highway 407, east of the Courtice Link.
10) Identify a future 401 interchange in the vicinity of Prestonvale Road and
redesignate Townline Road to a Type B arterial south of Bloor Street.
11) Revise schedule B in the Regional Official Plan to be consistent with
schedule B2 of the Recommended Official Plan specifically as it relates to
the following.:
• designation of Prestonvale Road
• designation and alignment of Glenabbey Drive (East West Type C
Arterial)
• designation of Townline Road south of Bloor Street
• designation and alignment of roads in the Courtice Employment
Area, south of Bloor Street and west of Courtice Road.
12) Identify a future GO Station on the west side of Courtice Road at the
Canadian Pacific Railway.
5. CONCLUSION
5.1 In adopting a new Official Plan for the Municipality, Council must ensure it is
consistent with the Regional Official Plan. Through this report, staff have identified
a number of areas where amendments to the Regional Official Plan are required
in order for the two Plans to be consistent.
5.2 Should Regional staff identify additional areas where the Clarington Official Plan
is not consistent with the Regional Official Plan, staff will prepare further reports
advising Council of the matter with the appropriate recommendations.
REPORT PD -14 -96
Respectfully submitted,
r _y pf
Franklin Wu, M.C.I.P., R.P.P.,
Director of Planning
and Development
*FW *DC *BR *CP *km
Reviewed by,
PAGE 12
Attachment No. 1 - Restaurant & Convenience Commercial Uses at Highway 2
and Rundle Road Location Map
Attachment No. 2 - Cat World Location Map
Attachment No. 3 - Clearance Outlet on Highway 35/115 north of Orono Location
Map
Attachment No. 4 - Residential Lot near Highway 35/115 and Highway 2 Location
Map
Attachment No. 5 - Residential Lot near Darlington - Clarke Townline Road and
Concession Road 3 Location Map
Attachment No. 6 - Potter's Lane in Enniskillen Location Map
January 22, 1996
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