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Home My WebLink AboutPD-99-95THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DN: OP- AMEN.GPA REPORT Meeting: General Purpose and Administration Committee File #ILL a PA • f =�Y � � � Date: Tuesday, September 5, 1995 Res, # r- P '� b >> Report #: PD -99 -95 File #: OPA 95 -011 /D By -law # Subject: Official Plan Amendment - Haas, Waisglass and Shoychet Part Lot 8 & 91 BFC Former Twp. of Darlington Between Lambs and Mearns Road South of CN Railway Reco me isati° respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -99 -95 be received; 2. THAT the Region of Durham be advised that the Municipality of Clarington has no objection to the application to amend the 1991 Durham Regional Official Plan submitted by Gail Waisglass on behalf of Haas, Waisglass and Shoychet from "Waterfront" to "Living Area "; and 3. THAT all interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Owner /Applicant: Anzelda Haas, Betty Waisglass and Estate of Sydney Shoychet 1.2 Agent: Gail Waisglass 1.3 Durham Region Official Plan Amendment: From "Waterfront" to "Living Area" to permit the residential development. 1.4 Site Area: 23.92 hectares (59.13) 2. LOCATION The subject lands are generally located in the Port Darlington Area. on the shore of Lake Ontario, between the Bowmanville Water Pollution Control Plant and Lambs Road. The property in legal terms is known as Part Lot 8 and 9, Broken Front Concession, in the former Township of Darlington. 589 REPORT NO.: PD -99 -95 PAGE 2 3. EXISTING AND SURROUNDING USES 3.1 Existing Uses: single family dwelling, agricultural building and pasture lands 3.2 Surrounding Uses: East - one single family dwelling, pasture West - one single family dwelling, Bowmanville Water Pollution Control Plant South - Lake Ontario North - Canadian National Railway, Industrial Subdivision 4. BACKGROUND 4.1 On June 29, 1995 Staff received correspondence from the Region of Durham indicating an application to amend the 1991 Durham Region Official Plan had been received from the agent. The applicants seek to amend the "Waterfront" designation in the Regional Official Plan to "Living Area" to permit residential development. 5. REFERRAL NO. 22 ' 5.1 The application covers a portion of area affected by Referral No.22 to the Durham Region Official Plan. The Referral area encompasses the entire Port Darlington Secondary Planning area (see attachment #1). The Referral request was made by the applicant and 841221 and 841222 Ontario Ltd (Newcastle on the Lake). 841221 and 841222 Ontario Ltd. no longer have interest in the lands and have withdrawn their referral request. 5.2 Council has requested, on numerous occasions throughout the Durham Official Plan Review, that the Port Darlington Secondary Planning Area be recognized in the Durham Plan. Regional Council approved the Port Darlington area as "Waterfront" within the Bowmanville Urban Area. The referral 590 REPORT NO.: PD -99 -95 PAGE 3 request subsequently was submitted by the applicant and 841221 and 841222 Ontario Ltd. 5.3 On January 23, 1995 Staff submitted Report PD -8 -95 to Committee regarding all 1991 Durham Plan referrals which affected Clarington. Staff recommended that the Municipality work with Region of Durham and the Referrer to resolve Referral No. 22 to avoid the necessity of a Ontario Municipal Board Hearing. Council endorsed Staff position. 5.4 In recent months, Staff have met with the Regional Staff and the Referrer to discuss a resolution to the Referral. The applicants submitted the application to amend the Regional Official Plan to resolve the referral. If the "Living Area" designation is approved, an Ontario Municipal Board hearing would not be necessary. 6. OFFICIAL PLAN POLICIES 6.1 The subject lands are designated as "Waterfront" in the Regional Official Plan. The predominant use of lands in this designation shall be for conservation, recreation, reforestation and agriculture and farm- related uses. An amendment to the Plan is required to permit urban residential development. 6.2 The Official Plan of the former Town of Newcastle does not cover the subject lands. 6.3 The subject lands have been included in two studies, the Port Darlington Waterfront Study and the Clarington Waterfront Strategy. Both studies have recommended the subject lands be designated for urban residential uses. The Municipality's Draft Official Plan designates the lands as "Urban Residential ", "Green Space" and "Waterfront Greenway ". In addition, the Port Darlington Secondary Plan forms part of the 591 REPORT NO.: PD -99 -95 PAGE 4 draft Official Plan and provides detailed policies for the development of the Port Darlington area. 7. PUBLIC NOTICE AND SUBMISSIONS 7.1 The application seeks to amend the Region of Durham Official Plan. The Region placed a Public Notice in all local newspapers. As of writing this report, this Planning Department has not received copies of any public submissions. Staff dealt with two counter inquiries, each inquiry was general in nature and offered no comment on the application. 8. AGENCY COMMENTS 8.1 The application was circulated to various agencies and departments to solicit comments. The following agencies and departments have offered no objection: • Public Works Department • Community Services Department • Fire Department • Northumberland - Clarington Board of Education • Northern Pipeline • Trans Canada Pipeline 8.2 The Central Lake Ontario Conservation Authority requires the lands within the shoreline setback to be designated as "Waterfront Open Space" in recognition of shoreline hazard. The Authority suggests that the local Official Plan recognizes the defined flood and erosion areas of the creek traversing the eastern portion of the lands. The lands in this area have also be identified for acquisition under the Authority's "Conservation Acquisition Plan ". The authority notes that the Draft Clarington Official Plan and the Port Darlington Secondary Plan contains provisions for dedication for waterfront lands to the Municipality for the eventual 59 REPORT NO.: PD -99 -95 PAGE 5 formation of a Waterfront Greenway. As such, the Authority views the acquisition of the lands by the Municipality as consistent with the intent of their Acquisition Plan. 8.3 The following agencies have not yet provided comments; • Separate School Board • Ministry of Natural Resources • Ministry of Environment & Energy • C.N. Rail • Ontario Hydro • Ministry of Culture Tourism and Communication 9. STAFF COMMENTS 9.1 The applicants wish to change the present "Waterfront" designation within the Durham Region Official Plan to a "Living Area" designation. The requested change would place the lands affected by the Port Darlington Planning area within a "Living Area" designation. The land affected by the shoreline hazard would remain within the "Waterfront" designation. The requested change would also resolve the concern with the Regional Plan designation identified through Referral No. 22. 9.2 The Port Darlington area has been studied extensively. Many government agencies and departments have been consulted throughout both processes. There has been no objection from the agencies /departments regarding the development of this area as a residential community. 10. RECOMMENDATIONS 10.1 Council has supported the identification of this area as a "Living Area" in the past. As such, Staff would recommend approval of the amendment as it is consistent with previous Council positions. ,993 REPORT NO.: PD -99 -95 PAGE 6 Respectfully submitted, ,�:) � -�� VIj Franklin Wu, M.C.I.P., R.P.P. Director of Planning and Development CS *FW *df 24 August 1995 Reviewed by, W.H. Stockwell Chief Administrative Officer Interested parties to be notified of Council and Committee's decision: Ms. Gail Waisglass P.O. Box 401 Whitby, Ontario. L1N 5S4 Mr. Bryce Jordan G.M. Sernas & Associates Ltd. 110 Scotia Court, Unit 41 Whitby, Ontario. L1N 8Y7 594 PORT DARLINGTON SECONDARY PLAN BOUNDARY APPLICANT'S LAND REFERRAL 22 OPA 95 -011 /D